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Council 11/10/2008
/4/144 ;: AGENDA _ q RENTON CITY COUNCIL REGULAR MEETING November 10, 2008 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PUBLIC HEARING: 2009 City of Renton Budget 4. ADMINISTRATIVE REPORT 5. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer,please walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME. 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 11/3/2008. Council concur. b. Community and Economic Development Department reports submission of nine grant applications for the 2008 Neighborhood Grant Program(second round), and recommends funding three projects and three newsletters in the total amount of$4,972. Refer to Community Services Committee. c. Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Department of Homeland Security Emergency Management Performance Grant funds in the amount of$85,840,to support the emergency management program. Council concur. (See 8.a. for ordinance.) d. Hearing Examiner recommends approval with conditions of Kelsey's Crossing Preliminary Plat, 13 single-family lots on 2.13 acres located in the vicinity of SE 192nd St. and 120th Ave. SE (PP-08-069). Council concur. e. Transportation Systems Division recommends adoption of updated Commute Trip Reduction regulations and 2007 Commute Trip Reduction Plan to reflect State mandated changes. Council concur. (See 8. for resolution and 8.b. for ordinance.) f. Utility Systems Division recommends approval of a contract in the amount of$200,500 with Bilfinger/Tri-State Joint Venture for the protection and relocation of existing water lines in SR 167 and 1-405 as part of the 1-405,1-5 to SR 169,Stage 1 Widening project. Council concur. 7. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk(*) may include legislation. Committee reports on any topics may be held by the Chair if furtherreview is necessary. a. Committee of the Whole: 2009 Budget* b. Finance Committee: Vouchers; Golf Course Fee Increases*; Park&Ride Garage Agreement c. Planning and Development Committee: Multi-Family Housing Property Tax Exemption Amendments&Liberty Square Apartments' Application* d. Transportation(Aviation)Committee: Aerodyne Airport Ground Lease Rate Increase;Airport 1/4000/ Fuel Flowage Fee Increase*; Capital Improvements Deferrals Cost Contributions* , r . x (CONTINUED ON REVERSE SIDE) f S. RESOLUTIONS AND ORDINANCES Resolution: Adopt 2007 Commute Trip Reduction Plan (See 6.e.) 144000, Ordinances for first reading: a. 2008 Budget amendment re: Emergency Management Performance Grant(See 6.c.) b. Amending Commute Trip Reduction regulations (See 6.e.) c. 2009 annual City of Renton budget(See 7.a.) d. Establishing property tax levy rate for 2009 (See 7.a.) e. 2009 utility rates(See 7.a.) f. 2009 Golf Course fees(See 7.b.) g. Multi-family housing property tax exemption amendments(See 7.c.) h. Airport fuel flowage fees(See 7.d.) i. Capital improvements deferrals cost contributions(See 7.d.) Ordinances for second and final reading: a. King County vested project fee rates collection(1st reading 11/3/2008) b. 2009 Solid Waste rates(1st reading 11/3/2008) c. Housing Opportunity Fund establishment(1st reading 11/3/2008) d. 2008 Budget position re: New Police Investigator position(1st reading 11/3/2008) 9. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 10. AUDIENCE COMMENT 11. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) 7th Floor Council Chambers 5:30 p.m. Trails/Bicycle Master Plan; 2009 Budget Deliberations • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES.&THURS.AT 11 AM&9 PM,WED.&FRI.AT 9 AM&7 PM AND SAT.&SUN.AT 1 PM&9 PM CITY OF RENTON COUNCIL AGENDA BILL AI#: L 16. Submitting Data: For Agenda of: 11-10-08 Dept/Div/Board.. CED Staff Contact Norma McQuiller - ext.6595 Agenda Status Consent X Subject: Public Hearing.. Second Round of 2008 Neighborhood Grants Correspondence.. Ordinance Resolution Old Business Exhibits: New Business Issue Paper with project descriptions Study Sessions Information Recommended Action: Approvals: Refer to Community Services Committee Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required... $8,947 Transfer/Amendment liforAmount Budgeted Revenue Generated Total Project Budget $4,972 City Share Total Project.. SUMMARY OF ACTION: Six project applications and three newsletter applications were submitted for the second round of neighborhood grant funding. Staff evaluated each request against established criteria. Three projects and three newsletter grants are recommended for funding. STAFF RECOMMENDATION: Approve three 2008 Neighborhood Program project applications and three newsletter applications totaling $4,972. Rentonnet/agnbill/ bh — DEPARTMENT OF COMMUNITY AND Now ' ' ECONOMIC DEVELOPMENT MEMORANDUM DATE: October 27, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Alex Pietsch, Administrator STAFF CONTACT: Norma McQuiller, Neighborhood Program Coordinator(x6595) SUBJECT: 2008 Second Round Neighborhood Grant Applications ISSUE: Do the 9 grant applications submitted, which includes three newsletter grants, comply with the City of Renton's Neighborhood Program objectives and should they be approved? RECOMMENDATION: The Administration recommends approval of three projects and three newsletter applications, totaling $4,972. BACKGROUND SUMMARY: The City Council appropriated $77,000 in the 2008 Capital Improvement Program budget for the Neighborhood Grant Program. In the first round of funding Council approved $68,053 in grant applications, leaving a balance of$8,947 for a second round. The grant applications received in this round are shown in the following table. A more detailed summary of projects is attached. The following criteria were used to evaluate projects to determine if the objectives of the Neighborhood Program are met: • Project size, location, and complexity are appropriate for the neighborhood group, with a realistic budget. • Documentation shows neighborhood participation and adequate volunteer labor reflecting community support for the project and includes maintenance after project completion. • Physical improvements are visible and benefit a large area of a community. • Demonstrated networking, self-help, and neighborhood organization. • Sufficient matching funds exist through volunteer labor, cash, or donated labor/materials. h:\ced\neighborhoods\community services committee\2008\issue paper-2nd round grant applications 2008.doc • 10/27/2008 Page 2 Of the 6 project grant applications, the interdepartmental Grant Review Team recommended 3 be funded based on the above criteria. Requested Recommended Neighborhood Amount Amount Project Grant Applications Aster Park Homeowners Association $8,942 N/A Rolling Hills Condo Association $2,672 N/A South Union Neighborhood Association $269 $269 Sunset View Garden Club of Renton $890 $890 Tiffany Park Neighborhood Association $780 $780 Winsper Homeowners Association $3,220 N/A Newsletter/Administrative Grants Kennydale Neighborhood Association $1,800 $1,800 Summerwind Homeowners Association $281 $281 South Union Neighborhood Association $952 $952 Total $19,806 $4,972 Note: The above amounts are rounded to the nearest dollar. CONCLUSION: The Neighborhood Grant Program continues to provide neighborhood associations with opportunities to improve their community and get to know their neighbors better. Cc: Suzanne Dale Estey h:\ced\neighborhoods\community services committee\2008\issue paper-2nd round grant applications 2008.doc Attachment 2008 Neighborhood Grant Projects Total Meets objective of Nair Grant Project Neighborhood Neighborhood Request Cost Project Description Program Aster Park $8,942 N/A The project is to take the area No Homeowners from its neglected state and The project is very Association beautify it into a user-friendly ambitious. Staff park. The proposed site for the recommends residents park is located on Aster Park apply in next round of Access Tract. grants to allow time to document work plan. City staff will research the City or County plans for any future access road. If approved in next round of funding it is recommended implementing the project in phases. Rolling Hills $2,672 N/A The project includes planting No Condo shrubs and trees within their gated Detailed project Association community. description not clear. Are plantings replacing existing diseased trees? No benefit to the general public. South Union $269 $538 The project consists of planting Yes Neighborhood drought tolerant shrubs on outside "Call Before You Dig" Association of perimeter fence along SE 4th a must at this location. Street and Union Avenue SE. Sunset View $890 $1,780 Placement of a Blue Star Yes Garden Club of Memorial marker dedicated to Renton veterans, past and present, on the grounds at the Renton Senior Center. Tiffany Park $780 $1,560 The proposal is to continue Yes Neighborhood development of a neighborhood Association urban park located on a Seattle Public Utilities (SPU) owned right-of-way in Renton. The goal of this grant is to further develop the park with additional gravel. h:\ced\neighborhoods\community services committee\2008\issue paper-2nd round grant applications 2008.doc Attachment 2008 Second Round Neighborhood Grant Projects Winsper $3,220 N/A Replacement of four existing No Homeowners bridges, within the Winsper Project is a Association neighborhood, which have maintenance issue and exceeded their useful life. is the responsibility of the Homeowners Association. NEWSLETTER GRANTS Total Meets objective of Grant Project Neighborhood Neighborhood Request Cost Project Description Program Kennydale $1,800 N/A Annual costs for a newsletter Yes Neighborhood printed and distributed by USPS Association & door-to-door quarterly. Summerwind $281 N/A Annual costs for a newsletter Yes Homeowners printed quarterly and distributed Association by USPS. South Union $952 N/A Annual costs for a newsletter Yes Neighborhood printed and distributed by USPS Association twice a year. Ned h:\ced\neighborhoods\community services committee\2008\issue paper-2nd round grant applications 2008.doc • CITY OF RENTON COUNCIL AGENDA BILL AI#: � G Submitting Data: For Agenda of: Dept/Div/Board.. Fire and Emergency Services November 10, 2008 Department/Emergency Management Staff Contact Deborah Needham, x 7027 Agenda Status Emergency Management Director Consent X Subject: Public Hearing.. Washington State Military Department and Department Correspondence.. of Homeland Security Emergency Management Ordinance X Performance Grant (EMPG), Contract#E08-344 Resolution X Old Business Exhibits: New Business Issue Paper Study Sessions 2008 Emergency Management Performance Grant Information Ordinance Recommended Action: Approvals: Legal Dept X Council Concur. Finance Dept Other Risk Management X Fiscal Impact: Expenditure Required... $85,840.00 Transfer/Amendment $0.00 Amount Budgeted $0.00 Revenue Generated $85,840.00 Total Project Budget $448,862.00 City Share Total Project.. SUMMARY OF ACTION: The purpose of the Emergency Management Performance Grant (EMPG) is to assist the development, maintenance and improvement of local emergency management programs. The EMPG provides supplemental funding to support the key components of a comprehensive national emergency management system for disasters and emergencies that may result from natural disasters or accidental or man-caused events. The City of Renton has allowed the emergency management programs to progress through the use of the EMPG for the past nine years. Grant funds will be expended during 2008, per requirements of the EMPG. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to sign the Washington State Military Department and the Department of Homeland Security Emergency Management Performance Grant (EMPG), Contract #E08-344 in the amount of$85,840.00, and adopt the ordinance allowing appropriation and expenditure of grant funds in 2008. ti`s O� FIRE & EMERGENCY SERVICES • ® • I DEPARTMENT - >N T MEMORANDUM DATE: November 10, 2008 TO: Marcie Palmer, Council President Members of the City Council VIA: Denis Law, Mayor FROM: I. David Daniels, Fire Chief/Emergency Services Administrato STAFF CONTACT: Deborah Needham, Emergency Management Director SUBJECT: 2008 Emergency Management Performance Grant(EMPG) Issue The purpose of the Emergency Management Performance Grant (EMPG) is to assist the development, maintenance and improvement of local emergency management program. The EMPG provides supplemental funding to support key components of a comprehensive national emergency management system for disasters and emergencies Noise that may result from natural disasters or accidental or man-caused events. Background The City of Renton has allowed the emergency management programs to progress through the use of the EMPG for the past nine years. $35,000 was anticipated as revenue and reflected in the 2008 budget, but an additional $50,840 was ultimately granted, bringing the total award for the year's EMPG to $85,840.00. RECOMMENDATION Staff recommends that the City of Renton Council concur and authorize the Mayor and City Clerk to sign and execute the Washington State Military Department and the Department of Homeland Security Emergency Management Performance Grant (EMPG) Contract #E08-344. It is further recommended that the City of Renton Council authorize the Mayor and City Clerk to sign the ordinance allowing appropriate and expenditure of grant funds in 2008. 41.E Washington State Military Department - CONTRACT FACE SHEET 1. Contractor Name and Address: 2. Contract Amount: 3. Contract Number City of Renton Emergency Management Division $85,840 E08-344 1055 South Grady Way Renton,WA 98055 4. Contractor's Contact Person, phone number: 5. Contract Start Date: 6. Contract End Date: Deborah Needham, (425)430-7150 October 1,2007 March 31,2009 7. MD Program Manager/phone number: 8. State Business License#: 9. UBI#(state revenue): Rachel Soya(253)512-7064 NA 177-000-094 10. Funding Authority: Washington State Military Department(Department)and the U.S. Department of Homeland Security(DHS) 11. Funding Source Agreement#: 12. Program Index# & OBJ/SUB-OJ 13. CFDA#&Title: 14. TIN or SSN: 2008-EM-E8-0028 78313, 78314 NZ 97.042 EMPG 91-6001271 15. Service Districts: 16. Service Area by County(ies): 17. Women/Minority-Owned,State (BY LEG DIST): 5, 11,37,33,47,41 Certified?: X N/A 0 NO • (BY CONG DIST): 7,8,9 King County 0 YES,OMWBE# 18. Contract Classification: 19. Contract Type(check all that apply): ❑ -Personal Services 0 Client Services X Public/Local Gov't X Contract 0 Grant 0 Agreement ❑ Collaborative Research 0 AlE 0 Other 0 Intergovernmental (RCW 39.34) 0 Interagency 20. Contractor Selection Process: 21. Contractor Type(check all that apply) X "To all who apply&qualify" 0 Competitive Bidding 0 Private Organization/Individual 0 For-Profit ❑ Sole Source 0 A/E RCW 0 N/A X Public Organization/Jurisdiction X Non-Profit O Filed w/OFM? 0 Advertised? 0 YES ONO 0 VENDOR X SUBRECIPIENT 0 OTHER 22. BRIEF DESCRIPTION: To provide U.S. Department of Homeland Security (DHS) Emergency Management Performance Grant (EMPG) funds to local jurisdictions and tribes that have emergency management programs to support their emergency management operating budget in an effort to enhance their emergency management program. IN WITNESS WHEREOF, the Department and Contractor acknowledge and accept the terms of this contract and attachments hereto and have executed this contract as of the date and year written below. This Contract Face Sheet, Special Terms and Conditions, General Terms and Conditions, Statement of Work, and Budget govern the rights and obligations of both parties to this contract. . In the event of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) Applicable Federal and State Statutes and Regulations (b) Statement of Work (c) Special Terms and Conditions (d) General Terms and Conditions, and if attached, (e) any other provisions of the contract incorporated by reference. This contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this contract shall be deemed to exist or to bind any of the parties hereto. WHEREAS, the parties hereto have executed this contract on the day and year last specified below. FOR THE DEPARTMENT: FOR THE CONTRACTOR: Signature Date Signature Date James M. Mullen, Director David Daniels, Fire Chief Emergency Management Division For Washington State Military Department City of Renton APPROVED AS TO FORM: Emergency Management Division Sara J. Finlay (signature on file) 9/12/2007 Assistant Attorney General Form 10/27/00 kdb DHS-EMPG-FFY 08 Page 1 of 25 City of Renton EMD E08-344 SPECIAL TERMS AND CONDITIONS ARTICLE I --COMPENSATION SCHEDULE: This is a fixed price, reimbursement contract. Within the total contract amount, travel, subcontracts, salaries Noy and wages, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis unless otherwise provided in this contract. Any travel or subsistence reimbursement allowed under the contract shall be paid in accordance with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended and in agreement with federal rates. Receipts and/or backup documentation for any approved budget line items including travel related expenses that are authorized under this contract must be maintained by the Contractor and be made available upon request by the Military Department. Some flexibility to shift funds between/among budget categories is allowed as follows: Changes to any single budget category in excess of 10% or$100, whichever is greater, will not be reimbursed without the prior written authorization of the Department. Budget categories are as specified or defined in the budget sheet of the contract. ARTICLE 11 -- REPORTS: In addition to the reports as may be required elsewhere in this contract, the Contractor shall prepare and submit the following reports to the Department's Key Personnel: Financial #/Copies Due Date Invoices 1 Within 30 days after the end of the period in which the work was performed as specified in Attachment A Invoices must be submitted no more frequently than monthly and it is recommended that invoices be submitted at least bi-annually. Final Invoice 1 No later than 45th day (shall not exceed overall contract amount) following the contract end date law All contract work must end on the contract end date, however the Contractor has up to 45 days after the contract end date to submit all final billing. Technical #/Copies Due Date Bi-Annual Strategy Implementation Report Electronic January 15 July 15 Performance Report Electronic August 15, 2008 Final Report Electronic No later than 45th day following the contract end date NIMS Compliance Progress Reports Electronic September 30, 2008 All contract work must end on the contract end date, however the Contractor has up to 45 days after the contract end date to submit all final reports and/or deliverables. The Bi-Annual Strategy Implementation Report will be submitted via DHS's web-based grant reporting tool located at https://www.reporting.odp.dhs.gov/. The Performance Report and the Final Report will be submitted via the Military Department's web-based grant management tool located at https://fortress.wa.gov/mil/qms/qms/. ARTICLE III -- KEY PERSONNEL: The individuals listed below shall be considered key personnel. Any substitution must be made by written notification to the Military Department. CONTRACTOR: MILITARY DEPARTMENT: Deborah Needham Rachel Soya, EMPG Program Manager err► DHS-EMPG-FFY 08 Page 2 of 25 City of Renton EMD E08-344 ARTICLE IV --ADMINISTRATIVE REQUIREMENTS: The Contractor shall comply with OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments; OMB A-102, Grants and Cooperative Agreements with State and Local Governments; A-133, Audits of States, Local Governments, and Non-Profit Organizations; and 44 CFR, FEMA's codified regulations. Nrd ARTICLE V--ADDITIONAL SPECIAL CONDITIONS AND MODIFICATION TO GENERAL CONDITIONS: 1. Funds are provided by the U.S. Department of Homeland Security (DHS) solely for the use of supporting emergency management programs as provided by the Emergency Management Performance Grant (EMPG). The Contractor shall use the funds to perform tasks as described in the Statement of Work and Budget portions of the Contractor's request for funding, as approved by the Department. Funding may not be used to replace or supplant existing local or tribal government funding of emergency management programs. 2. The Contractor shall provide a match of $85,840 of non-federal origin. Said match may be in the form of goods, services, and in-kind services. • 3. The Contractor acknowledges that since this contract involves federal funding, the period of performance described herein will likely begin prior to the availability of appropriated federal funds. Contractor agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this contract prior to distribution of appropriated federal funds. Contractor agrees that it will.not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement or any type of payment if federal funds are not appropriated or are not appropriated in a particular amount. 4. The Contractor agrees that in order to receive Federal Fiscal Year 2008 (FFY08) federal preparedness funding, to include EMPG, the National Incident Management System (NIMS) compliance requirements • for 2007 must be met. Applicants will be required to certify as part of their FFY08 EMPG applications that they have met the FFY07 NIMS requirements. The NIMS Integration Center (NIC) web page, http://www.fema.qov/emergency/nims/index.shtm, is updated regularly with information about the NIMS. The website can also be used as a useful tool to determine the extent to which your jurisdiction is already compliant, as well as identify the NIMS requirements you have not yet met. ARTICLE VI — EQUIPMENT MANAGEMENT: • All equipment purchased under this contract, by the Contractor or a Subcontractor, will be recorded and maintained in the Contractor's equipment inventory system. 1. Upon successful completion of the terms of this contract, all equipment purchased through this contract will be owned by the Contractor, or a recognized sub-contractor/sub-grantee for which a contract, sub- grant agreement, or other means of legal transfer of ownership is in place. 2. The Contractor, or a recognized sub-contractor/sub-grantee, shall be responsible for any and all operation and maintenance expenses and for the safe operation of their equipment including all questions of liability. 3. The Contractor shall maintain equipment records that include: a description of the property; the manufacturer's serial number, model number, or other identification number; the source of the equipment, including the Catalogue of Federal Domestic Assistance (CFDA) number; who holds title; the acquisition date; the cost of the equipment and the percentage of Federal participation in the cost; the location, use and condition of the equipment at the date the information was reported; and disposition data including the date of disposal and sale price of the property. 4. Records for equipment shall be retained by the Contractor for a period of six years from the date of the disposition, replacement or transfer. If any litigation, claim, or audit is started before the expiration of the six year period, the records shall be retained by the Contractor until all litigations, claims, or audit findings involving the records have been resolved. DHS-EMPG-FFY 08 Page 3 of 25 City of Renton EMD E08-344 5. The Contractor shall take a physical inventory of the equipment and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall he investigated by the Contractor to determine the rat Ica of the difference. The Contractor shall, in connection with the inventory, verify the existence, current '— utilization, and continued need for the equipment. 6. The Contractor shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage or theft shall be investigated and a report generated. 7. The Contractor will develop adequate maintenance procedures to keep the property in good condition. 8. If the Contractor is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. 9. When original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency, disposition of the equipment will be made as follows: a. Items of equipment with a current per-unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by the Contractor with no further obligation to the awarding agency. b. Items of equipment with a current per-unit fair market value of more than $5,000 may be retained or sold and the Contractor shall compensate the Federal-sponsoring agency for its share. 10. As sub-grantees of federal funds the Contractor must pass on equipment management requirements that meet or exceed the requirements outlined above for all sub-contractors, consultants, and sub-grantees who receive pass-through funding from this contract. ARTICLE VII–SUBRECIPIENT MONITORING The Department will monitor the activities of the Contractor from award to closeout and for the life of equipment purchased under this contract. The goal of the Department's monitoring activities will be to ensure that agencies receiving federal pass-through funds are in compliance with federal and state audit requirements, federal grant guidance, applicable federal and state financial guides, as well as OMB Circular A-133 and A-122 where applicable. Monitoring activities may include: • review of performance reports; • monitoring and documenting the completion of contract deliverables; • documentation of phone calls, meetings, e-mails and correspondence; • review of reimbursement requests to insure allowability and consistency with contract budget; • observation and documentation of contract related activities, such as exercises, training, funded events and equipment demonstrations; • on-site visits to review equipment records and inventories, verify source documentation for - reimbursement requests and performance reports and verify completion of deliverables. As a sub-grantee of federal funds. the Contractor is required to meet or exceed the monitoring activities, as outlined above, for all sub-contractors, consultants, and sub-grantees who receive pass-through funding from this contract. ARTICLE VIII – ENVIRONMENTAL AND HISTORIC PRESERVATION The contractor shall ensure full compliance with FEMA's Environmental and Historic Preservation (EHP) Program. Information about these requirements can be found on pages 14-15 of the EMPG FFY08 Program Guidance located at http://www.fema.qov/emergency/empq/empg.shtm or on FEMA's website at http://www.fema.gov/plan/ehp/ehp-applicant-help.shtm. Nrrr DHS-EMPG-FFY 08 Page 4 of 25 City of Renton EMD E08-344 Exhibit A Subrecipient Washington Military Department GENERAL TERMS AND CONDITIONS 1. DEFINITIONS As used throughout this contract, the following terms shall have the meaning set forth below: a. "Department" shall mean the Washington Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. b. "Contractor" shall mean that firm, organization, group, individual, or other entity performing services under this contract, and shall include all employees of the Contractor. It shall include any subcontractor retained by the prime Contractor as permitted under the terms of this contract. "Contractor" shall be further defined as one or the other of the following and so indicated on face sheet of the contract. 1) "Subrecipient" shall mean a contractor that operates a federal or state assistance program for which it receives federal funds and which has the authority to determine both the services rendered and disposition of program funds. 2) "Venda" shall mean a contractor that agrees to provide the amount and kind of service or activity requested by the Department and that agrees to provide goods or services to be utilized by the Department. c. "Subcontractor" shall mean one, not in the employment of the Contractor, who is performing all or part of those services under this contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. d. "Recipient"— a nonfederal entity that expends federal awards received directly from a federal awarding agency to carry out a federal program. e. "Pass-Through Entity" means the Washington State Military Department as it is applied to this contract. As found in SAAM 50.30.30 — "A nonfederal entity that provides a federal award to a subrecipient to carry out a federal program." f. "Nonfederal Entity" is defined as a state local government or nonprofit organization (as defined in federal Circular A-133). g. "Cognizant State Agency" shall mean a state agency that has assumed the responsibility of implementing single audit requirements and coordinating audit follow-up for a particular grantee by virtue of providing the majority of federal assistance. If funds are received from more than one state agency, the cognizant state agency shall be the agency who contributes the largest portion of federal financial assistance to the subrecipient unless the designation has been reassigned to a different state agency by mutual agreement. h. "Federal Financial Assistance" — Assistance that nonfederal entities receive or administer in the form of grants, loans, loan guarantees, property (including donated surplus property), cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations or other assistance. It does not include amounts received for provision of vendor services to federal agencies or reimbursement for services rendered directly to individuals. i. "Grant" - For the purposes herein, the term "grant" may be used to mean "contracts" or"grants" or"agreements". j. "CFDA Number" — The five-digit number assigned to a federal assistance program in the • federal Catalog of Federal Domestic Assistance (CFDA) or, in the absence of a catalog defined number, the number defined by instructions from the federal audit clearinghouse. k. "CFR"—Code of Federal Regulations "OMB"—Office of Management and Budget m. "RCW" - Revised Code of Washington n "WAC" -Washington Administrative Code. ' 4401 DHS-EMPG-FFY 08 Page 5 of 25 City of Renton EMD E08-344 2. SUBRECIPIENT MONITORING a. The Department, as a Recipient and/or Pass-Through Entity, receives federal financial assistance under federal programs and is charged with maintaining compliance with federal and state laws and regulations regarding the monitoring, documentation, and auditing of Noir"" subrecipient grant activities using federal financial assistance. Management and implementation guidelines for the federal programs ensure compliance with statutes, grant guidelines, the sub-award agreement, Office of Management and Budget (OMB) circulars (including OMB Circular A-133), subrecipient audits, and other guidance found in the Federal Register. The Department shall adhere to its Subrecipient Monitoring Policy and the Subrecipient Monitoring Procedures (WMD Policy number.00-025-05.) b. The Contractor shall perform under the terms of the contract and the Department has responsibility for reasonable and necessary monitoring of the Contractor's performance. The Department shall conduct contract monitoring activities on a regular basis. Monitoring is defined as any planned, ongoing, or periodic activity that measures and ensures contractor compliance with the terms, conditions, and requirements of a contract. Monitoring involves prudent collection of information about Contractor operations and is not limited to site visits or the completion of formal reviews. Monitoring may include .periodic contractor reporting to the Department, Department review of audit reports, invoice reviews, onsite reviews and observations, and surveys. Adequate documentation is essential for effective contract monitoring and will include copies of letters, meeting notes, and records of phone conversations as evidence that conscientious monitoring has occurred during the period of the contract. Subrecipient monitoring will occur throughout the year rather than relying solely on a once-a-year audit. The Contractor agrees to cooperate with all monitoring activities and to comply with reporting requirements. The Department as the Recipient and/or Pass-Through Entity will conduct on-site visits as appropriate and required by contract for "for-profit" subrecipients, since the A-133 Single Audit does not apply to "for-profit" organizations. 3. RECORDS, MONITORING AND AUDIT ACCESS Noisy a. The Contractor shall cooperate with and fully participate in all monitoring or evaluation activities that are pertinent to this contract. b. Access to public records-The Contractor acknowledges that the Department is subject to the Public Records Act, Chapter 42.56 RCW, and that records prepared, owned, used or retained by the Department relating to the conduct of government or the performance of any governmental or proprietary function are available for public inspection and copying, except as exempt under RCW 42.56 or other statute which exempts or prohibits disclosure of specific information or records. c. The Contractor shall maintain all books, records, documents, data and other evidence relating to this contract and the provision of any materials, supplies, services and/or equipment under this contract herein, including, but not limited to, records of accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. At no additional cost,these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review and audit by personnel duly authorized by the Department, the Washington State Auditor's Office, and federal officials so authorized by law, rule, regulation, or contract. The Contractor will retain all books, records, documents, and other materials relevant to this contract and make them available for inspection, review or audit for six (6) years from the end date of this contract, date of final payment or conclusion of services performed under this contractor, whichever is later. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until final resolution of all litigation, claims, or audit findings involving the records, DHS-EMPG-FFY 08 Page 6 of 25 City of Renton EMD E08-344 d. Contractor shall provide right of access to its facilities and records to the Department and any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this contract. Nod 4. SINGLE AUDIT ACT REQUIREMENTS-(INCLUDING ALL AMENDMENTS) Non-federal entities as subrecipients that expend $500,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program-specific audit conducted in accordance with the Office of Management and Budget (OMB) Circular A-133-Audits of States, Local Governments, and Non-Profit Organizations (revised June 27, 2003, effective for fiscal years ending after December 31, 2003). Non-federal entities that spend less than $500,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in Circular No. A-133. Circular A-133 is available on the OMB Home Page at http://www.omb.gov and then select "Grants Management"followed by"Circulars". Contractors required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The Contractor has the responsibility of notifying the Washington State Auditor's Office and requesting an audit. Costs of the audit may be an allowable grant expenditure. The Contractor shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractors also maintain auditable records. The Contractor is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Contractor must respond to Department requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The Department reserves the right to recover from the Contractor all disallowed costs resulting from the audit. Once the single audit has been completed, the Contractor must send a full copy of the audit to the Department and a letter stating there were no findings, or if there were findings, the letter should Nimid provide a list of the findings. The Contractor must send the audit and the letter no later than nine (9) months after the end of the Contractor's fiscal year(s) to: • Accounting Manager Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 In addition to sending a copy of the audit, the Contractor must include a corrective action plan for any audit findings and a copy of the management letter if one was received. The Contractor shall include the above audit requirements in any subcontracts. 5. RECAPTURE PROVISIONS In the event that the Contractor fails to expend funds under this contract in accordance with applicable state and federal laws and/or the provisions of this contract, the Department reserves the right to recapture funds in an amount equivalent to the extent of the noncompliance in addition to any other remedies available at law or in equity. Such right of recapture shall exist for a period not to exceed six (6) years following contract termination or audit resolution, whichever is later. Repayment by the Contractor of funds under this recapture provision shall occur within 30 days of demand. The Department is required to institute legal proceedings to enforce the recapture provision. 6. COMPLIANCE WITH APPLICABLE LAW 3: The Contractor and all subcontractors shall comply with all applicable federal, state, tribal government, and local laws, regulations, and policies. veld DHS-EMPG-FFY 08 Page 7 of 25 City of Renton EMD E08-344 This obligation includes, but is not limited to, compliance with Ethics in Public Service (RCW 42.52); Covenant Against Contingent Fees (48 C.F.R. § 52.203-5); Public Records Act (RCW 42.56); Drug- Free Workplace Act of 1988 (41 U.S.C. § 701 et seq. and 15 C.F.R. Part 29); Lobbying Restrictions (31 U.S.C. § 1352 and 15 C.F.R. Part 28); and safety and health regulations. The Department is not Nii'r''' responsible for advising the Contractor about, or determining the Contractor's compliance with, applicable laws, regulations and policies. In the event of the Contractor's or a subcontractor's noncompliance or refusal to comply with any applicable law, regulation or policy, the Department may rescind, cancel, or terminate the contract in whole or in part. The Contractor is responsible for any and all costs or liability arising from the Contractor's failure to comply with applicable law, regulation or policy. 7. NONDISCRIMINATION During the performance of this contract, the Contractor shall comply with all federal and state nondiscrimination statutes and regulations. These requirements include, but are not limited to: a. Nondiscrimination in Employment: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, sexual orientation, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for training, including apprenticeships and volunteers. This requirement does not apply, however, to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. . b. Nondiscrimination laws and policies (such as RCW 49.60, Washington's Law Against Discrimination, and Title VII of the Civil Rights Act). 8. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. § 12101 et seq. and 28 C.F.R Part 35 and other implementing regulations. The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of *low employment, public accommodations, state and local government services, and telecommunication. 9. UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The Contractor is encouraged to utilize firms that are certified by the Washington State Office of Minority and Women's Business Enterprises as minority-owned and/or women-owned in carrying out the purposes of this contract. 10. PUBLICITY The Contractor agrees to submit to the Department all advertising and publicity relating to this contract wherein the Department's name is mentioned or language used from which the connection of the Department's name may, in the Department's judgment, be inferred or implied. The Contractor agrees not to publish or use such advertising and publicity without the prior written consent of the Department. 11. DISCLOSURE The use or disclosure by any party of any information concerning the Department for any purpose not directly connected with the administration of the Department's or the Contractor's responsibilities with respect to services provided under this contract is prohibited except by prior written consent of the Department. 12. CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY If federal funds are the basis for this contract, the Contractor certifies that neither the Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this contract by any federal department or agency. If requested by the Department, the Contractor shall complete and sign a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the Contractor for this Contract shall be incorporated into this Contract by reference. DHS-EMPG-FFY 08 Page 8 of 25 City of Renton EMD E08-344 Further, the Contractor agrees not to enter into any arrangements or contracts related to this grant with any party that is on the "General Service Administration List of Parties Excluded from Federal Procurement or Non-procurement Programs" which can be found at www.epls.gov. 13. LIMITATION OF AUTHORITY --"Authorized Signature" The signatories to this contract represent that they have the authority to bind their respective organizations to this contract. Only the assigned Authorized Signature for each party, or the assigned delegate by writing prior to action, shall have the express, implied, or apparent authority to after, amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this contract is not effective or binding unless made in writing and signed by the Authorized Signature(s). 14. CONTRACTOR NOT EMPLOYEE— INDEPENDENT STATUS OF CONTRACTOR The parties intend that an independent contractor relationship will be created by this contract. The Contractor and/or employees or agents performing under this contract are not employees or agents of the Department in any manner whatsoever, and will not be presented as nor claim to be officers or employees of the Department or of the State of Washington by reason hereof, nor will the Contractor and/or, employees or agents performing under this contract make any claim, demand, or application to or for any right, privilege or benefit applicable to an officer or employee of the Department or of the State of Washington, including, but not limited to, Worker's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. It is understood that if the Contractor is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right. If the Contractor is an individual currently employed by a Washington State agency, the Department shall obtain proper approval from the employing agency or institution. A statement of "no conflict of interest" shall be submitted to the Department. 15. NONASSIGNABILITY This contract, the work to be provided under this contract, and.any claim arising thereunder, are not "' assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. 16. SUBCONTRACTING Neither the Contractor nor any subcontractor shall enter into subcontracts for any of the work contemplated under this contract without obtaining prior written approval of the Department. Contractor shall use a competitive process in award of any contracts with subcontractors that are entered into after original contract award. All subcontracts entered into pursuant to this contract shall incorporate this contract in full by reference. In no event shall the existence of the subcontract operate to release or reduce the liability of the Contractor to the Department for any breach in the performance of the Contractor's duties. The Military Department may request a copy of any and/or all subcontracts for work being completed under this contract. 17. CONTRACT MODIFICATIONS The Department and the Contractor may, from time to time, request changes to the contract or grant. Any such changes that are mutually agreed upon by the Department and the Contractor shall be incorporated herein by written amendment to this contract. It is mutually agreed and understood that no alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and that any oral understanding or agreements not incorporated herein, unless made in writing and signed by the parties hereto, shall not be binding. 18. SEVERABILITY In the event any term or condition of this contract, any provision of any document incorporated by reference, or application of this contract to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this contract which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this contract are declared severable. DHS-EMPG-FFY 08 Page 9 of 25 City of Renton EMD E08-344 19. ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods or services to be provided under this contract. Contractor shall not invoice the Department in advance of delivery of such goods or services. Nome 20. TAXES, FEES AND LICENSES Unless otherwise provided in this contract, the Contractor shall pay for and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for the Contractor or its staff required by statute or regulation that are necessary for contract performance. 21. TRAVEL AND SUBSISTENCE REIMBURSEMENT Unless the contract specifically provides for different rates, any travel or subsistence reimbursement allowed under the contract shall be paid in accordance with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended. The Contractor may be required to provide to the Department copies of receipts for any travel related expenses other than meals and mileage (example: parking lots that do not provide receipts)that are authorized under this contract. 22. GOVERNING LAW AND VENUE This contract shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this contract shall be the Superior Court of Thurston County, Washington. 23. HOLD HARMLESS AND INDEMNIFICATION Each party to this contract shall be responsible for injury to persons or damage to property resulting from negligence on the part of itself, its employees, agents, officers, or subcontractors. Neither party assumes any responsibility to the other party for the consequences of any act or omission of any third party. 24. WAIVER OF DEFAULT Waiver of any default or breach shall not be deemed to be a waiver of any other or subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this contract unless "is"' stated to be such in writing signed by The Adjutant General or the Authorized Signature for the Department and attached to the original contract. 25. DISPUTES The parties shall make every effort to resolve disputes arising out of or relating to this contract through discussion and negotiation. Should discussion and negotiation fail to resolve a dispute arising under this contract, the parties shall select a dispute resolution team to resolve the dispute. The team shall consist of a representative appointed by each party and a third representative mutually agreed upon by both parties. The team shall attempt, by majority vote, to resolve the dispute. Both parties agree that this disputes process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this section shall preclude the parties from mutually agreeing to a different dispute resolution method in lieu of the procedure outlined above. 26. ATTORNEY'S FEES In the event of litigation or other action brought to enforce contract terms, or alternative dispute resolution process, each party agrees to bear its own attorney's fees and costs. 27. LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this contract and prior to normal completion, the Department may reduce its scope of work and budget or unilaterally terminate all or part of the contract as a "Termination for Cause", without providing the Contractor an opportunity to cure. Alternatively, the parties may renegotiate the terms of this contract under "Contract Modifications" to comply with new funding limitations and conditions, although the Department has no obligation to do so. DHS-EMPG-FFY 08 Page 10 of 25 City of Renton EMD E08-344 28. TERMINATION OR SUSPENSION FOR CAUSE In the event the Department, in its sole discretion, determines the Contractor has failed to fulfill in a timely and proper manner its obligations under this contract, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the Contractor unable to perform any aspect of the contract, or has violated any of the covenants, agreements or stipulations of this contract, the Department has the right to immediately suspend or terminate this contract in whole or in part. The Department may notify the Contractor in writing of the need to take corrective action and provide a period of time in which to cure. The Department is not required to allow the Contractor an opportunity to cure if it is not feasible as determined solely within the Department's discretion. Any time allowed for cure shall not diminish or eliminate the Contractor's liability for damages or otherwise affect any other remedies available to the Department. If the Department allows the Contractor an opportunity to cure, the Department shall notify the Contractor in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department, or if such corrective action is deemed by the Department to be insufficient, the contract may be terminated in whole or in part. The Department reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the Contractor, if allowed, or pending a decision by the Department to terminate the contract in whole or in part. In the event of termination, the Contractor shall be liable for all damages as authorized by law, including but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the Contractor: (1) was not in default or material breach, or (2) failure to perform was outside of the Contractor's control, fault or negligence, the termination shall be deemed to be a "Termination for Convenience". 29. TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this contract, the Contractor may terminate this contract by providing written notice of such termination to the Department's Key Personnel identified in the contract, specifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this contract, the Department, in its sole discretion and in the best • interests of the State of Washington, may terminate this contract in whole or in part by providing ten (10) calendar days written notice, beginning on the second day after mailing to the Contractor. Upon notice of termination for convenience, the Department reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds. In the event of termination, the Contractor shall be liable for all damages as authorized by law. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. 30. TERMINATION PROCEDURES In addition to the procedures set forth below, if the Department terminates this contract, the Contractor shall follow any procedures specified in the termination notice. Upon termination of this contract and in addition to any other rights provided in this contract, the Department may require the Contractor to deliver to the Department any property specifically produced or acquired for the performance of such part of this contract as has been terminated. DHS-EMPG-FFY 08 Page 11 of 25 City of Renton EMD E08-344 If the termination is for convenience, the Department shall pay to the Contractor the agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the Department prior to the effective date of contract termination, and the amount agreed upon by the Contractor and the Department for (i) completed work and services and/or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the Department, (iii) other work, services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this contract. If the termination is for cause, the Department shall determine the extent of the liability of the Department. The Department shall have no other obligation to the Contractor for termination. The Department may withhold from any amounts due the Contractor such sum as the Department determines to be necessary to protect the Department against potential loss or liability. The rights and remedies of the Department provided in this contract shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the Department in writing, the Contractor shall: a. Stop work under the contract on the date, and to the extent specified, in the notice; b. Place no further orders or subcontracts for materials, services, supplies, equipment and/or facilities in relation to this contract except as may be necessary for completion of such portion of the work under the contract as is not terminated; c. Assign to the Department, in the manner, at the times, and to the extent directed by the Department, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Department has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and *ow subcontracts, with the approval or ratification of the Department to the extent the Department may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the contract had been completed, would have been required to be furnished to the Department; f. Complete performance of such part of the work as shall not have been terminated by the Department in compliance with all contractual requirements; and g. Take such action as may be necessary, or as the Department may require, for the protection and preservation of the property related to this contract which is in the possession of the Contractor and in which the Department has or may acquire an interest. AAG Approved 9/12/2007 *Imre DHS-EMPG-FFY 08 Page 12 of 25 City of Renton EMD E08-344 Exhibit B Statement of Work FFY 2008 Emergency Management Performance Grant Program INTRODUCTION: The Washington State Military Department Emergency Management Division (EMD) receives grant monies each year from the U.S. Department of Homeland Security (DHS) through the Emergency Management Performance Grant (EMPG). A portion of this grant has been identified by the state to be passed through to local jurisdictions and tribes that have emergency management programs to supplement their local/tribal operating budget. Each jurisdiction or tribe that applies and meets the qualifications specified in WAC 118-09 regarding emergency management assistance funds is awarded a grant based on the size of their agency's emergency management operating budget. Funds are used by local jurisdictions and tribes to enhance their emergency management capability. • The Statement of Work outlines the activities and deliverables the Contractor has identified to be performed for FFY08 EMPG. The Timeline outlines the schedule that the Contractor agrees to in order to fulfill the grant deliverables during the contract performance period. The Budget Sheet outlines the Contractor's emergency management operating budget (excluding federal funds) that is dedicated to emergency management activities. In addition, the Budget Sheet is used to announce the FFY08 EMPG award. • GENERAL PROGRAM REQUIREMENTS: 1. Prepare and submit a Bi-Annual Strategy Implementation Report (BSIR), via the web-based grant reporting tool (https://www.reportinq.odp.dhs.gov). Failure to meet all of the reporting deadlines outlined in the Milestone and Timeline Schedule will prohibit the Contractor from being reimbursed while reports are outstanding. • 2. Report progress on deliverables and advise the Military Department, in writing, of necessary adjustments to the content of the contract. Performance reports will be submitted using the on-line electronic Grant Management System (e-GMS) located at https://fortress.wa.gov/mil/qmslams/. 3. Adhere to all financial and procurement guidance, including competitive processes and other procurement requirements, to include: Office of Management and Budget (OMB) Circulars, A-87 (Cost Principles for State, local and Indian Tribal Governments) and A-133 (Audits of States, Local NS Governments, and Non-Profit Organizations) and Federal Emergency Management Agency's codified regulations, 44 CFR. Local and state procurement and contracting regulations take precedent over these requirements when local and state regulations are more stringent. • Adhere to DHS requirements that all sole source contracts over $100,000 be reviewed and approved by the Department prior to execution of a contract. This requirement must be passed on to all of the Contractor's sub-contractors, at which point the Contractor will be responsible for reviewing and approving their sub-contractors' sole source justifications. • Adhere to DHS requirements that all contracts with individual consultants, that are not competitively bid, and where the consultant will be charging an excess of $450 per day (excluding travel and subsistence) must be approved by the Department before the contract is executed. This requirement must be passed on to all of the Contractor's sub-contractors, at which point the Contractor will be responsible for reviewing and approving their sub-contractors' contract. 4. Plan and implement equipment . purchases, exercises, training, planning and management/ administration in accordance with the FFY08 Emergency Management Performance Grant Program Guidance, which can be found at http://www.fema.qov/pdf/emergency/empq/fy08 empq quidance.pdf, as well as all subsequent policy changes. i 5. Ensure that all sub-contractors are in compliance with the FFY08 Emergency Management r Performance Grant Program Guidance through monitoring of expenditures and periodic reviews of €. activities. • 6. If purchasing equipment using EMPG funds, the Contractor must meet the following requirements: € a. Be in compliance with the OHS Authorized Equipment List (AEL), as detailed at: i• http://wwwl.rkb.mipt.orq/. F DHS-EMPG-FFY 08 Page 13 of 25 City of Renton EMD E08-344 b. Submit all proposed equipment purchases to the Committee on Homeland Security, sub- committee on equipment to ensure that the requested equipment is on the AEL, is aligned with the statewide equipment purchasing strategy, and submit to OHS if necessary. No Noisyreimbursement for purchased equipment will occur until the appropriate approvals have been obtained. c. Determine whether or not it is in the best interest of the Contractor to make purchases using its own procurement process or ask the Department to make purchases on its behalf. d. Make a request to the Department in writing that authorizes the Department to de-obligate funding from the Contractor's contract and use the state's procurement process and contracts to purchase equipment on behalf of the Contractor. This will necessitate an amendment to the • contract reducing the Contractor's award by an amount sufficient for the Department to make the purchase(s). The Department will pay the vendor directly and all items will be drop shipped to a location designated by the Contractor. 7. Exercises that are implemented with grant funds must meet the requirements of the FFY08 Emergency Management Performance Grant. Upon completion of the exercise, an After Action Report and an Improvement Plan must be prepared and submitted to the Department within 60 days of completion of the exercise. Final reimbursement for related expenditures can not be made until this requirement has been met. 8. No more than 3% of the total grant award may be used on Management and Administrative expenditures. 9. Submit at maximum monthly requests for reimbursement to the Department for costs incurred using the online e-GMS located at https://fortress.wa.gov/mil/qms/gms/. 10. No costs will be paid in advance of their being incurred by the Contractor. 11. No equipment or supply costs will be reimbursed until the items have been received by the Contractor and invoiced by the vendor. 12. No travel or subsistence costs, including lodging and meals, reimbursed with EMPG funds may exceed federal maximum rates which can be found at http://www.gsa.gov. 13. Expend a minimum 15% of contract award on planning activities. CONTRACTOR TASKS: 1. Perform activities described in the attached Scope of Work (Attachment A). 2. Manage and administer the FFY08 Emergency Management Performance Grant Program. 3. If necessary, hire a Subcontractor to assist in accomplishing the contract tasks. 4. Complete all work under the contract by the contract end date, to include receipt of approved equipment items and supplies. 5. Each request for reimbursement will be accompanied by a spreadsheet detailing the expenditures to be reimbursed as well as the expenses to be considered the match for those funds. Related financial documents and invoices must be kept on file by the Contractor and be made available upon request to the Department, and local, state, or federal auditors. • 6. Requests for reimbursement of equipment purchases will include a copy of the vendor's invoice and packing slip or a statement signed and dated by the Contractor's authorized representative that "all items invoiced have been received, are operational, and have been inventoried according to contract and local procurement requirements." THE MILITARY DEPARTMENT AGREES TO: 1. Provide technical assistance, expertise, and state coordination with DHS where necessary. 2. Reimburse the Contractor within 45 days of receipt and approval of requests for reimbursement and all • documentation of expenditures as required. Now DHS-EMPG-FFY 08 Page 14 of 25 City of Renton EMD E08-344 MILESTONE TIMELINE FFY08 Emergency Management Performance Grant Program MILESTONE TASK October 1, 2007 Start of contract performance period. May 2008 Contract Execution. August 15, 2008 Submission of Performance Report to e-GMS. September 30, 2008 Submit NIMS compliance report. January 15, 2009 Submission of Bi-annual Strategy Implementation Report (BSIR) to the Grant Reporting Tool (GRT) for FFY08 EMPG. March 31, 2009 End of grant performance period. No later than May 14, 2009 Submit all final reports, requests for reimbursement and/or deliverables. July 15, 2009 Submission of final Bi-annual Strategy Implementation Report (BSIR) to GRT for FFY08 EMPG DHS-EMPG-FFY 08 Page 15 of 25 City of Renton EMD E08-344 Exhibit C Budget Sheet FFY08 Emergency Management Performance Grant Program Contract expenditures shall be documented according to the following categories when appropriate: LOCAL EMERGENCY MANAGEMENT OPERATING BUDGET SUMMARY 2008 Local Funds Budget* I Salaries and Benefits $427,371 In-Direct Costs $0 Travel $5,491 Equipment $0 Supplies $11,200 Telephones $2,300 Printing $0 Janitorial/Maintenance $0 Auto Lease $0 Space Rental $0 Insurance $0 Subcontractor $1,000 Other $1,500 Total All Program Costs $448,862 FFY 08 EMPG Award- $12,876 • Planning FFY 08 EMPG Award- $72,964 Other The City of Renton Emergency Management Division award is $85,840. This is based on the FFY08 allocation factor of 19.12% of approved local/tribal emergency management operating budgets. This award will not be used to supplant the existing local/tribal funds identified above. The Department's Reimbursement Spreadsheet will accompany each reimbursement request submitted in e-GMS. In addition, the Contractor agrees to make all records available to Military Department staff, upon request. A total of 3% of this award can be used to pay for management and administration of this contract. * No federal funds are included in the local emergency management operating budget. Funding Source: U.S. Department of Homeland Security - Pl#78313, 78314 — EMPG �Yrrr►` DHS-EMPG-FFY 08 Page 16 of 25 City of Renton EMD E08-344 Attachment A Scope of Work FFY08 Emergency Management Performance Grant Program Communications and Warning Activities and deliverables within the communications and warning functional area require the ability to communicate in a disaster and effectively warn the public. This is the primary area where standards of communications interoperability and redundancy are addressed. Rept fired Acttytties _: :. . Deliverable Porfoup rtcp Measures_ Deadline 1. Participate in all scheduled National a. Ensure jurisdiction is Jurisdiction will be better Ongoing Warning System (NAWAS) tests and incorporated into the fan prepared to activate exercises, whether a Primary NAWAS out. NAWAS in an emergency. Warning Point, a Secondary Warning Success will be measured Point, or a Tertiary Warning Point. b. Participate in scheduled through the number of This is the on-going test of the tests. successful NAWAS tests statewide warning fan-out as outlined completed. in the State CEMP and warning annex. All emergency management jurisdictions must be a part of this fan- out. 2. Work with EMD to ensure Communicate regularly Jurisdiction will be better Ongoing Comprehensive Emergency with EMD to retain prepared to use CEMNET Management Network (CEMNET) CEMNET capability and in an emergency. capability is maintained and participate in testing as Success will be measured participate in scheduled testing scheduled. by the number of between the local Emergency scheduled tests the Operations Center (EOC) or similar jurisdiction participates in. facility and the state EOC. 3. Develop and/or update local plans Update local plans and Jurisdiction will be better Ongoing rrr and equipment for use of amateur equipment as necessary. prepared to utilize RACES radio (HAM bands) through the Radio volunteers, particularly if Amateur Civil Emergency Service other communication (RACES) program and as per the capabilities are state RACES plan. inoperable, in an emergency. 4. Where possible, work with the Develop/update an EAS Updated plans will result Ongoing Local Area Emergency Alert System Plan as needed. in an improved capability (EAS) Committee (LAECC) to to utilize the EAS in an complete an EAS plan and the Local emergency. Relay Network(LRN) per existing guidance from the FCC, FEMA, and the State Emergency Communications Committee with assistance from the State EMD Telecommunications staff. _ 5. Participate in all scheduled EAS Participate as scheduled. Jurisdiction will be better Ongoing tests commensurate with your EAS prepared to activate EAS plan and operational status of your in an emergency. LRN. Success will be measured by the number of scheduled tests the jurisdiction participates in. Nvid DHS-EMPG-FFY 08 Page 17 of 25 City of Renton EMD E08-344 6. Notify the state EOC immediately Submit a daily Situation Coordination between the As required upon activation of your local EOC. Report (SITREP) to the state and the local EOC due to an Provide periodic (at least once per state EOC during will improve response activation. day) Situation Reports (SITREPs) activation. capabilities in an event. fir' 7. If notified by the State that it has Log-in when notified of a Improved information As required activated to the Phase III level, log Phase Ili event. sharing at the state and due to an into WebEOC using the State's local level will improve activation. website located at: response capabilities in https://fortress.wa.gov/mil/webeoc/eoc an event. Successful log- 6/, when possible. If the activation ins for activations and affects your jurisdiction you should exercises will be recorded remain logged-in. For log-in within WebEOC. information for the State's website, contact Peter Nguyen, WebEOC Coordinator at (253) 512-7020. • Ad itional 1 tt rtle ;Deliverable Performance Measures Deadline 8. Develop an amateur radio Amateur radio deployment Jurisdiction will be able to 11/30/2008 deployment plan for the City that plan. carry out critical disaster covers all critical communication communications during points, including the Fire DOC, Police intemet, DOC, Public Works DOC, and the telecommunications, and EOC and additional locations to be 800 MHz radio outages. determined. Recruit and train additional amateur radio team members to provide sufficient redundancy in staffing. 9. Participate in Zone 3 and King 50% or more of radio Communication problems Ongoing County monthly radio checks. checks completed. are identified and corrected. Crisis Communication, Public Education and Information Activities and deliverables within the crisis communication, public education and information functional area should address procedures for disseminating information to the public pre-, during, and post-disaster. Required Actwrties: Deliverable Performance Measures= �eadlirie 1. Conduct a public disaster education a. Preparedness Citizens of Washington 10/31/2008 program for the inhabitants of your presentations and will be better able to community. distribution of preparedness care for themselves, materials to schools, civic family members, groups, business neighbors, etc. and will organizations, nursing care improve their ability to facilities, child care facilities, stay safe during an governmental agencies, emergency. Success • hospitals, the general public, can be measured etc. through the number of and/or presentations provided b. Participate in the State's or participation in the • April Disaster Preparedness April campaign. Campai9n. Add Rib es;, Deliverable Performance Measures -Deadline 2. Participate in regional Joint Attend Regional PIO Public information 12/31/2008 Information System planning. meetings. Participate in during a disaster will be (ongoing) projects to improve regional coordinated within the public information city as well as regionally. coordination. err►° DHS-EMPG-FFY 08 Page 18 of 25 City of Renton EMD E08-344 3. Conduct a Business Continuity Business Continuity Small businesses 5/31/2008 Workshop for small businesses. Workshop completed. participating in the workshop will be better prepared to recover from a minor or major disaster. 10. Conduct 3 Map Your MYN trainings completed. Citizens will be trained 10/31/2008 Neighborhood Facilitator trainings. to take the MYN program to their neighborhoods. Direction, Control and Warning Activities and deliverables within the direction, control, and warning functional area should address the ability to analyze a situation, make decisions for response, direct and coordinate response forces and resources, and coordinate with other jurisdictions. This requires use of a recognized National Incident Management System (NIMS) and compliance with NIMS requirements to remain eligible for all future preparedness funding. Req.ulred Activiti s [5elive�able .,. Performhc ae Measures. Deadline 1. Be fully compliant with all federal Report NIMS compliance Emergency responders Septembe fiscal year 2008 National Incident progress through the state will have a uniform set of r 30, 2008 • Management System (NIMS) online NIMS reporting tool. processes and compliance requirements by procedures thus September 30, 2008. For specifics on improving all-hazard the NIMS requirements please contact incident response Jim Kadrmas, State NIMS capabilities. Coordinator, at nimscoordinator(a�emd.wa.gov or (253) 512-7027. Additional Activities Deliverable Performance Measures Deadline, 2. Recruit from among City A cross-discipline Incident Unified command will be 3/31/2009 ,0000.9 departments to develop a core Management Team. more reliably achieved Incident Management Team to when appropriate, and respond to major incidents within the will be staffed with highly City. trained individuals in an ' on-call rotation. NIMS Compliance Self Certification Do you certify that your agency and EMPG sub-grantees have met NIMS compliance requirements and state reporting requirements for Federal Fiscal Year 2007 (FFY07) and shall meet NIMS compliance requirements and state reporting requirements for subsequent federal fiscal years during which you receive federal grant • funds? Yes Note: Failure to meet NIMS compliance requirements will result in the loss of federal preparedness funding. Exercises, Evaluations and Corrective Actions Activities and deliverables within the exercise, evaluation, and corrective actions functional area calls for regularly scheduled exercises, evaluations and corrective actions, including a process for addressing corrective actions. Required Activities , Deli'ejable,: Performance Measures 1. Each jurisdiction receiving EMPG Submit an After Action Through the exercise funds must participate in the design, Report(AAR) and process a jurisdiction conduct and evaluation of at least one Improvement Plan (IP) to can determine areas of exercise during the performance the State Exercise Training strength and weakness period: full-scale, functional or Office r(ETO) within 60 in response capabilities. tabletop. days of the completion of the exercise. NimmOi DHS-EMPG-FFY 08 Page 19 of 25 City of Renton EMD E08-344 The exercise should fit into the The recommended format Development of an AAR jurisdiction's multi-year exercise plan for the AAR and IP can be and IP allows for the and be consistent with the Homeland found in Volume III of the documentation and Security Exercise and Evaluation HSEEP manuals at follow-up on those iikow Program (HSEEP). https://hseep.dhs.gov/supp issues. Upon ort/Volumelll.pdf submission and approval At least one full-scale and one of the AAR, the ETO will functional exercise must be completed issue a letter of EMPG within a five-year period. credit to the jurisdiction. The exercise may be accomplished alone or in conjunction with FEMA, EMD, other public or private entities, or with neighboring jurisdictions. 2. In the event a jurisdiction Submit an After Action Development of an AAR As experiences an actualevent that Report (AAR) and and IP allows for necessary, adequately tests overall emergency Improvement Plan (IP)to documentation and depending management capabilities, exercise the State Exercise Training follow-up on issues on actual credit may be requested within 60 Officer(ETO)within 60 identified during an events. days. days of the end of the activation. Upon activation. The submission and approval recommended format for of the AAR, the ETO will the AAR and IP can be issue a letter of EMPG found in Volume III HSEEP credit to the jurisdiction. manuals at https://hseep.dhs.gov/supp ortNolumelll.pdf Five Year Exercise Schedule: Select either Full-Scale, Functional or Tabletop for each year. Nome 2008: Full-Scale Exercise 2009: Tabletop Exercise 2010: Functional Exercise 2011: Functional Exercise 2012: Full-Scale Exercise Mutual Aid Activities and deliverables within the mutual aid functional area should address the development and maintenance of mutual aid agreements. Required Activities Deliverable Performance,Measures Deadline 1. Review mutual aid agreements, Update mutual aid Up-to-date mutual aid 11/30/2008 following the guidance set forth in the agreements as deemed agreements enable state Emergency Management necessary by the expedited partnership Division's Mutual Aid and Inter-local jurisdiction. and support among Agreement Handbook. jurisdictions during an actual emergency. Planning Activities and deliverables within the planning functional area should address the development and general • content of the program's emergency operations plan, strategic plan, mitigation plan, recovery plan, evacuation plan, continuity of operations/continuity of government plan, etc. DHS-EMPG-FFY 08 Page 20 of 25 City of Renton EMD E08-344 ` . ` . ' � �� ' �/^��� r�b������?, IF! ribIONite [)OpdU[� 1. Review the Comprehensive a. Any urisdiction that has CEMP will address all 12/31/2008 Emergency Management Plan not submitted an updated hazards identified in the (CEMP) and supporting Emergency CEMP to the state jurisdiction's Hazard ~id' Support Functions (ESFs). The CEMP Emergency Management Identification and should be compliant with both the Division within the past Vulnerability Analysis National Response Framework and four years must do so and infrastructure and the National Incident Management during this program year. improve the jurisdiction's System (NIMS). Requirements for ability to prepare for, plan development and submission are b. First time applicants respond to and recover provided in RCW 38.52.070, WAC must complete a draft of from an emergency. 118.09 and WAC 118.30. their Basic Plan portion of the CEMP within the program year. `b |iDe' . 2. Update the Hazard Mitigation Plan Updated Hazard Mitigation The Hazard Mitigation 1201/2008 to include the most recent flood and Plan. Plan will include updated other hazard analyses available from available hazard County. State, and Federal information to help the governments, and other known City better plan future sources used to update the Hazard mitigation strategies. Identification and Vulnerability Analysis for the City. 3. Develop a strategy to integrate A new COAD SOP. Businesses, 12/31/2008 ' COAD organizations into the City's neighborhoods, schools, disaster response and recovery faith based and activities. community based organizations will be utilized in disaster response and recovery. 4. Initiate Continuity of Operations A complete assessment of The City will have 3/31/2009 planning within the City. the status of the city's identified gaps in ability to carry out mission business continuity plans critical functions following and will be able to better a disaster. address the necessary steps to bridge those gaps. 5. Participate in regional Resource Integrated resource The City's resource 3/31/2009 Management planning activities, management SOPs and management ayuterns (ongoing) tools. will integrate with those oftheZone3 Emergency Management area as well as with King County. O. Participate in Regional Debris A new debris management The City will have 3K31/2009 Management Planning. SOP. identified important factors in a successful debris man �ment ~ program, and will be better able to handle the large volume of debris generated in a major disaster by working togetherneQ|UOaUy. *44110#' DHG'EMPG'FFYUO Page 21 of 25 City of Reriton EMD • E08-344 / 7. Create a citywide disaster A new disaster The City will identify 3/31/2008 communications plan. communications plan. current communication strategies and develop „oripo, better strategies to ensure interoperability and sufficient communications redundancy in a disaster. Finance and Administration Activities and deliverables within the finance and administration functional area require a financial management framework that complies with applicable government requirements and that allows for expeditious request for, and receipt and distribution of funds. Required.Activities DeUvei able == Performance Measures;; Deadline.: 1. Submit reimbursement requests a. Submit requests for EMPG funds enhance As needed online, ensuring that expenditures reimbursement online local/tribal emergency with final comply with FEMA's EMPG FFY08 using e-GMS. A management programs invoice Program Guidance, all applicable Reimbursement and are spent in due 45 Office of Management and Budget Spreadsheet showing how accordance with all days after (OMB) Circulars (A-87, A-102, A-133) EMPG funds were spent applicable laws and the end of as well as FEMA's Administrative must accompany all guidelines. the Requirements in the Code of Federal requests for contract Regulations (CFR) 44. reimbursement. Expenditures listed on OMB Circulars can be found at: the Reimbursement www.whitehouse.gov/OMB/circulars Spreadsheet cannot be items listed in the 2008 CFR 44 can be found at: Local Funds Budget http://www.access_gpo.gov/nara/cfr/wa portion of the I✓ isidx 07/44cfrvl 07.html Emergency Management The Uniform Administrative Operating Budget in this Requirements related to Grants can be application. found in Part 13. b. Verify in performance reports that the agency has reviewed and agrees to all relevant State and Federal requirements. Program Management Activities and deliverables within the program management functional area should address program structure and organization so that an agency is capable of coordinating emergency preparedness, mitigation, response and recovery activities across multiple agencies and organizations. Required:Activities; Detiverab�e . ` Performance"Measures" Deadline 1. Progress reports and BSIRs are a. Progress reports must Demonstration of the a. August required twice during the contract be submitted online in e- impact EMPG funding 15, 2008 period. Failure to submit either type of GMS. Reports must clearly has on emergency and May report may result in cancellation of the describe the progress the management capabilities 14, 2009 contract. recipient is making towards will be documented in the deliverables described progress reports. b. January in this Scope of Work. 15, 2009 The final report should and July 1 highlight the impact 15, 2009. EMPG funding has had on the jurisdiction's capabilities. €_ DHS-EMPG-FFY 08 Page 22 of 25 City of Renton EMD E08-344 b. The Bi-annual Strategy Implementation Report (BSIR) must be submitted through the Dept. of Homeland Security on-line Nirid Grant Reporting Tool every July and January. . ,. - ::Additional Activitiest - ,�; _ ;�,Dellverabit?: _-' Performance Measures,- Deadline 2. Meet regularly with members from Meet with Emergency Interagency coordination Ongoing other departments and agencies to Management Group at increases effectiveness coordinate citywide emergency least 10 times a year. of all EM initiatives. management initiatives. 3. Revise City policy and job Policy is developed on Personnel redeployment 3/31/2008 descriptions to include disaster disaster assignments. Job increases numbers of assignments for all non-mission-critical descriptions are trained people available staff. appropriately revised. for emergency functions during a disaster. Hazard Identification, Risk Assessment and Impact Analysis Activities and deliverables within the hazard identification, risk assessment, and impact analysis functional area should address a comprehensive assessment and identification of risks, including potential natural and human- caused events, and the potential impact of those hazards. These identification and analysis activities, including current efforts to better identify risks to critical infrastructures, should then feed into the planning process. -'Activ[t'tes. ..<, v' Deliverable Performer)ce�Measuress Deadline' 1. Update the Hazard Identification Updated HIVA The updated HIVA will 10/31/2008 and Vulnerability Analysis (HIVA) for provide the basis for the City to include the most recent planning future available information. mitigation measures and developing appropriate SOPs Hazard Mitigation Activities and deliverables within the hazard mitigation functional area require that the program create and implement a strategy to lessen the impacts of disasters. The strategy must take into account results of hazard identification and risk assessments, analysis of impacts of each hazard, and experiences in the jurisdiction, and must prioritize mitigation projects based on loss reduction. Activiti es- `- 'DeliverablePerformance 'Deadline - Measures 1. Develop a non-structural seismic A non-structural seismic better protected and 9/30/2008 mitigation budget proposal for City mitigation plan outline and Workspaces will be more • facilities for implementation in 2009. budget proposal for City easily recovered as facilities useful space following a major earthquake. Staff and visitor injury risk will be reduced. Laws and Authorities Activities and deliverables within the laws and authorities functional area should address the legal • underpinnings necessary to authorize and conduct an emergency management program. Activities - .`<..Deliverable - Performance;Measures Deadline 1. Revise emergency proclamation Updated proclamation The City will utilize process and continuity of government process. Update COG. appropriate legal SOP authorities to swiftly proclaim an emergency and provide for uninterrupted succession and continuity of government in the face of disaster. DHS-EMPG-FFY 08 Page 23 of 25 City of Renton EMD E08-344 . Logistics and Facilities Activities and deliverables within the logistics and facilities functional area should address facilities and a logistical framework capable of supporting response and recovery operations. This includes the requirement for emergency operations primary and alternate facilities that are established, equipped, periodically tested, and maintained. ActiyitiQ$ ge)�ve�ab[e ' PerformancE Meastre Read[rne 1. Develop an alternate EOG Alternate EOC. An additional EOC 12/31/2008 capability at Renton Fire Station 13. location will be available in the event the primary and current secondary EOC locations are inaccessible or dangerous to use. This will replace the secondary EOC location which is located in floodplain. 2. Conduct regular maintenance Monthly maintenance The EOC will be Ongoing checks of the primary EOC facility at checks completed. maintained in a state of Renton Fire Station 12. readiness with a minimal chance of equipment or facility failures during a disaster. 3. Locate and stock one additional One shelter supply location Additional shelter 12/31/2008 storage facility with shelter supplies. added to City's resources. supplies are acquired and strategically located to outfit an emergency shelter. Operations and Procedures Activities and deliverables within the operations and procedures functional area should address standard operating procedures, checklists, and other instructions to execute the emergency operations plan and other plans. Procedures should relate to hazards previously identified by the jurisdiction. Activities" Deliverable PerfOCmariae Measures• Deadline' 1. Develop an evacuation Evacuation SOP. An evacuation 7/31/2008 SOP/checklist to assist Incident SOP/checklist will assist Commanders and EOC personnel in Incident Commanders carrying out activities specified in the and EOC personnel in Evacuation Emergency Support carrying out evacuation s Function of the Comprehensive to swiftly and safely Emergency Management Plan. move as many people as possible out of a hazardous area. Resource Management Activities and deliverables within the resource management functional area involve methodologies for prompt and effective identification, acquisition, distribution, tracking and use of personnel and equipment needed for emergency functions. Noime DHS-EMPG-FFY 08 Page 24 of 25 City of Renton EMD E08-344 . . Activities . :Deliverable ` - _ Rerforrrtance;Measures ' Deadline 1. Develop a credentialing system for Credentialing system. Incident Commanders 9/30/2008 use within the City, will be better able to assess and deploy personnel resources on NIS the scene, contributing to effectiveness of response, and heightening scene security. 2. Develop a recordkeeping system for Volunteer recordkeeping Volunteer deployment 10/31/2008 volunteers system. will be more efficiently carried out when contact information is readily available and well- organized. ' 3. Hold a Disaster Job Fair to recruit Disaster Job Fair held. Additional volunteers will 9130/2008 volunteers for emergency assignments. be acquired for important functions. Training Activities and deliverables within the training functional area require that the program maintain a documented training program for emergency management/response personnel and public officials, including that emergency personnel receive training on the incident management system of the jurisdiction. ' :Activities_' _ =.`Dehliverable; Performance Measures D`eadtrrie '- 1. Conduct or refer staff to training Appropriate staff complete Staff with ICS 300 level 9/30/2008 who are required to have ICS 300 ICS 300. responsibilities are level course. trained and prepared to carry out their duties within the ICS Ned organization. 2. Conduct Basic EOC or refresher Basic EOC/refresher EOC staff are trained 07/31/2008 training for all EOC staff. training complete. and prepared to carry out their duties within the EOC. 3. Conduct position-specific training Position-specific EOC EOC staff are further 3/31/2009 • for EOC staff. training held. trained and prepared to • carry out their duties within the EOC. 4. Conduct Shelter Operations training Shelter Operations training Shelter staff are trained 11/30/2008 for City staff. held. and prepared to carry out their duties. 5. Conduct 3 CERT Academies. CERT Academies held. The number of CERT 12/18/2008 ` trained citizens are increased, increasing the ability of neighborhoods to care for themselves after a disaster. DHS-EMPG-FFY 08 Page 25 of 25 City of Renton EMD E08-344 r CITY OF RENTON, WASHINGTON 1060, ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE FISCAL YEAR 2008 BUDGET BY INCREASING FUND 000 BY $50,840 FOR THE PURPOSE OF SUPPLEMENTAL FUNDING TO SUPPORT THE CITY'S EMERGENCY MANAGEMENT PROGRAM. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Appropriation in the General Governmental Fund is hereby increased as follows: Fund 2008 Original Budget 2008 Adjusted Budget Increase Budget REVENUES Revenue— 000 General Fund $35,000 50,840 $85,840 000.000000.000.3330.0083.50.000006 Nino, TOTALS $50,840 EXPENDITURES General Fund— Fire 000.000000.009.5250.0060.10.000000 $89,806 $32,000 $121,806 General Fund— Fire $4,000 $ 5,840 $9,840 000.000000.009.5250.0060.31.000000 General Fund—Fire 000.000000.009.5250.0060.35.000000 $7,000 $8,000 $15,000 General Fund—Fire 000.000000.009.5250.0060.49.000001 $1,500 $ 5,000 $6,500 TOTALS $50,840 Source of funds: Grant reimbursement to supplement Fund 000 in 2008 Budget. SECTION II. Funds for this line item are hereby added to the 2008 Budget. SECTION III. This ordinance shall become effective immediately upon its passage, approval and five (5) days after publication. 1 ORDINANCE NO. PASSED BY THE CITY COUNCIL this day of , 2008. Nod Bonnie Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1511 :10/28/08:scr Ned 2 CITY OF RENTON COUNCIL AGENDA BILL AI#: (p d. Submitting Data: For Agenda of: 11/10/2008 Dept/Div/Board.. Hearing Examiner Staff Contact Fred J. Kaufman, ext. 6515 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Kelsey's Crossing Preliminary Plat Ordinance File No. LUA-08-069, PP, ECF Resolution Old Business Exhibits: New Business Hearing Examiner's Report and Recommendation and Study Sessions 'Zoning Map Information Recommended Action: Approvals: Legal Dept Council Concur Finance Dept Other Fiscal Impact: Expenditure Required... N/A Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Nor" The hearing was held on September 23, 2008. The Hearing Examiner's Report and Recommendation on the Kelsey's Crossing Preliminary Plat was published on October 14, 2008. The appeal period ended October 28, 2008. No appeals were filed. STAFF RECOMMENDATION: Approve the Kelsey's Crossing Preliminary Plat as outlined in the Examiner's Report and Recommendation. 410.0 Rentonnet/agnbill/ bh October 14, 2008 OFFICE OF THE HEARING EXAMINER CITY OF RENTON Minutes APPLICANT: Bill VanEngelenberg 25302 139th Place SE Kent, WA 98042 OWNER: Bill VanEngelenberg 25302 139th Place SE Kent, WA 98042 CONTACT: Alexia Dorsch Barghausen Consulting Engineers 18215 72°d Avenue S Kent, WA 98042 Kelsey's Crossing Preliminary Plat File No.: LUA 08-069, PP, ECF LOCATION: NE corner of SE 192nd Street and 120th Avenue SE SUMMARY OF REQUEST: Requesting Preliminary Plat approval for the subdivision of a lowire 2.13-acre parcel into 13 lots for the eventual development of single-family residences, with tracts for recreation (Tract B) and stormwater(Tract C). SUMMARY OF ACTION: Development Services Recommendation: Approve subject to conditions. DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on September 16, 2008. PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the September 23, 2008 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, September 23, 2008, at 9:01 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. Kelsey's Crossing Preliminary Plat File No.: LUA-08-069, PP, ECF October 14, 2008 Page 2 The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original Exhibit No. 2: Neighborhood Detail Map application,proof of posting,proof of publication and other documentation pertinent to this request. Exhibit No.3: Preliminary Plat Plan Exhibit No.4: Landscape Plan Exhibit No. 5: Zoning Map Exhibit No. 6: ERC Advisory Notes Exhibit No. 7: Revised Preliminary Plat Plan The hearing opened with a presentation of the staff report by Gerald Wasser, Associate Planner, Community and Economic Development Department, City of Renton, 1055 S Grady Way, Renton, Washington 98055. This project is vested to King County regulations and is being processed in the City of Renton. The 2.13-acre site would be subdivided into 13 lots for the eventual development of single-family residences,with tracts for recreation and stormwater. The site was annexed to the City of Renton on March 1, 2008 and is known as the Benson Hills Community Annexation. King County applicable zoning is R-6. The proposed density would be approximately 6-dwelling units per gross acre. Lots range in size from 3,835 to 6,013 square feet. The site would be accessed off of 120th Ave SE to a proposed 38-foot wide internal street. The site slopes approximately 2 to 5%to the east and south. Vegetation on the project site consists of low grasses and weeds, with scattered alder and other large trees. The site does not contain critical areas according to the Critical Areas Designation issued by King County Department of Development and Environmental Services (DDES). There are no sensitive areas present on this site. Environmental Review Committee issued a Determination of Non-Significance. No appeals were filed. The proposed plat is consistent with the policies of the Comprehensive Plan. The proposed project is within the King County Soos Creek Community Planning Area. It is not in conflict with the goals, guidelines, and policies of the Community Plan for the Soos Creek Area. The lots in the proposed subdivision comply with the minimum requirements of the R-6 zone. The recommended conditions of approval would insure compliance with the requirements of the King County and State Platting Codes and Statutes. The proposed lot and street layout is in conformance with King County Code 21A and the 2007 King County Road Design and Construction Standards. Proposed Road A would be 38 feet in width and the proposed access road provided in Tract A would be 20 feet in width. General layout standards specified in King County Code allow the maximum length of blocks to be 1,320 feet and,except for corner lots, lots for single-family detached dwellings shall not have street frontage along two sides unless one of the streets is a neighborhood collector street or arterial street. The minimum lot size in King County Code is 2,500 square feet; minimum lot width is 30-feet. The minimum interior setback is 5-feet and minimum street setback is 10-feet. The road in the private access Tract A would be 20 feet wide with 16-feet of paving and 2-feet of rolled curb and gutters on both sides. Kelsey's Crossing Preliminary Plat File No.: LUA-08-069, PP, ECF October 14, 2008 Page 3 The lots will be served from an internal road(Road A), which would terminate in a temporary cul-de-sac at the east property line. Road A would be developed with rolled curb, gutter and sidewalks on both sides of the street. Traffic and Fire Mitigation Fees were imposed on this project. The applicant is proposing to provide a 5,072- square foot play area and recreation space(Tract B). King County requires subdivisions to provide children play areas with the recreation space on site. A detailed plan will be required prior to engineering plan approval. The Renton School District has stated that they can accommodate the additional students generated by this proposal. The project is located in the Soos Creek basin and is subject to the Conservation Flow Control and Basic Water Quality requirements of the 2005 King County Surface Water Design Manual. Stormwater runoff from sub- basin A currently sheet flows in an easterly direction across the site before reaching the east property line. Runoff then drains into an existing catch basin along the north side of SE 192nd Street, then flows east about 123 feet in an 18-inch concrete pipe. The stormwater runoff from sub-basin B currently sheet flows in an easterly direction across the site and an existing lot before reaching the roadside drainage system along the west side of 1215t Place SE. The runoff then flows south towards SE 192nd Street. The runoff from sub-basin A and B recombine and then flows east along the north edge of SE 192nd Street within an 18-inch concrete pipe. Runoff eventually is discharged into an open channel and continues easterly to Soos Creek. A drainage adjustment has been approved to combine the two onsite sub-basins into one post-development drainage facility. Landscaping in this area would be provided by the applicant. fir► Water and Sanitary Sewer will be provided by Soos Creek Water and Sewer District. Certificates of Availability have been provided for both water and sewer. Ivana Halvorsen, Barghausen Consulting Engineers stated that they did concur with the staff report. Lot 3 is smaller than the other lots in the area, it is 40-feet wide (others are 45-feet wide). This has been done to provide a varied mix of housing. The reason for a revised Preliminary Plat Plan was to allow them to switch Tract B and C. The drainage field became larger than originally thought and so they needed more room. The playfield was squared off and is no longer adjacent to the busy arterial. It appears to be a winning situation for both Tracts. Regarding the cul-de-sac, if the lots to the east were developed in the future they would extend Road A into their projects consistent with Renton road standards. At that time they would be required to remove the asphalt of the temporary turn around and install sidewalks in that area. The setbacks for Lots 6 and 7 are outside of the cul-de- sac area, that area would just be absorbed into their driveways. In the park, that area would revert to planted grass, unless it was determined that a paved semi-circle was preferable. Kayren Kittrick, Development Services stated that the 2005 King County Surface Water Design Manual would be the requested manual. The temporary turnaround that has previously been put in did not have a setback. Because it was temporary, there was no setback, but King County may be different. Approvals of fire and building would be done through the City of Renton and will be under the City of Renton's review. Kelsey's Crossing Preliminary Plat File No.: LUA-08-069,PP, ECF October 14, 2008 Page 4 Noad The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 9:37 a.m. FINDINGS, CONCLUSIONS& RECOMMENDATION Having reviewed the record in this matter,the Examiner now makes and enters the following: FINDINGS: 1. The applicant,Bill VanEngelenberg, filed a request for a Preliminary Plat. 2. The yellow file containing the staff report,the State Environmental Policy Act(SEPA) documentation and other pertinent materials was entered into the record as Exhibit#1. 3. The Environmental Review Committee (ERC), the City's responsible official issued a Determination of Non-Significance (DNS). 4. The subject proposal was reviewed by all depaitnients with an interest in the matter. 5. The subject site is located at the northeast corner of SE 192°d Street and 120`"Avenue SE. It is located in the recently annexed Benson area of the City. 6. The property while located within the City of Renton is entitled to processing under King County ',41101 zoning and platting regulations. It was initially reviewed by King County with City staff providing secondary review. 7. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of detached single-family homes,but does not mandate such development without consideration of other policies of the Plan. 8. The subject site is currently being reviewed under King County's R-6 zoning which permits six units per acre. 9. The subject site was annexed to the City with the adoption of Ordinance 5327 enacted in March 2008. 10. The subject site is approximately 2.13 acres in area. 11. The subject site slopes approximately 2 percent to 5 percent to the east and south. The subject site is located in two drainage sub-basins but has been permitted to channel stormwater in one post- development drainage system. 12. County regulations require review before trees may be removed. Street trees are required according to King County Code. 13. The applicant proposes dividing the subject site into 13 lots and 3 tracts. Tract A would be a private access roadway. Tract B would be for recreation while Tract C would be the stormwater detention area. 14. The plat will generally be aligned north and south of a new public roadway that will end in a temporary cul-de-sac. Proposed Lots 1 to 7 (west to east)will be north of the roadway. South of the public Kelsey's Crossing Preliminary Plat File No.: LUA-08-069, PP, ECF October 14, 2008 Page 5 '4100. roadway proposed Lots 8, 9 and 10 will be aligned on the east side or a new private roadway entering the site from SE 192❑d Street while Proposed Lots 11, 12 and 13, also south of the public roadway, will be aligned on the west side of this private roadway. Tract A will be the new private roadway. Tracts B and C will be south of the public road and east of the Proposed Lots 8 to 10. 15. The proposed lots will range in size from 3,835 square feet to 6,013 square feet. The lots have the appropriate overall lot area as well as lot width and length. The lots appear to support appropriate yards including the three corner lots, Proposed Lots 1, 11 and 13. Access to the lots will be provided by a new roadway intended to be extended from a temporary cul-de-sac. Staff reports that even with the cul-de- sac function, the affected lots, Lots 6 and 7,have sufficient area and dimensions to support single- family homes. 16. The subject site is located within the Renton School District. The project is expected to generate approximately 6 or 7 school age children. These students would be spread across the grades and would be assigned on a space available basis. 17. The density for the plat would be approximately 6 dwelling units per gross acre. 18. The development will increase traffic approximately 10 trips per unit or approximately 130 trips for the 13 single-family homes. Approximately ten percent of the trips, or approximately 13 additional peak hour trips will be generated in the morning and evening. 19. As noted above, the project has received a Drainage Adjustment under King County regulations. That Adjustment(L08V0030)permits the applicant to combine two sub-basins into one. Stormwater detention facilities do not generally require landscaping under King County regulations but the applicant indicated landscaping would be provided. 20. Both domestic water and sanitary sewer will be provided by the Soos Creek District. Availability certificates for both utilities have been provided. CONCLUSIONS: 1. It first needs to be stated that as noted above, this plat remains subject to King County rules. Both the land use regulations of King County in terms of lot size and general dimensions as well as the types of conditions imposed by King County on the development of a single family plat such as on-site recreation, street trees, school walkway needs, etc. The plat will be subject to review given the criteria of the former King County jurisdiction and conditions will be imposed as suggested by King County officials. 2. The proposed plat appears to serve the public use and interest. The division of the larger parcel into smaller single-family lots will provide additional detached housing choices for residents in this growing area. At the same time, the plat will provide onsite recreation, stormwater accommodations and roadways to handle the additional traffic. 3. The plat has access to the needed water and sewer utilities, which will be provided by the Soos Creek District. Fire and Police services will be provided by the City. *awe 4. Staff has determined that the new roadway ending in a temporary cul-de-sac will be adequate to provide access and maneuverability. As the roadway is extended and ultimately provides a second means of through access the cul-de-sac would be absorbed into the surrounding lots or tracts. The lots Kelsey's Crossing Preliminary Plat File No.: LUA-08-069,PP,ECF October 14,2008 Page 6 encumbered by the cul-de-sac appear to be adequate for development of detached single-family homes. 5. The plat will provide a range of lot sizes allowing it to cater to varying demands for both exterior yard space or home size. 6. The development of the plat will help increase property values and increase the tax base of the City. 7. In conclusion,the plat appears to be reasonably designed under King County standards and while somewhat different from current City standards,does not vary much from those standards. The City Council should approve the proposed plat subject to the conditions formulated by King County staff and reviewed by Renton staff. RECOMMENDATION: The City Council should approve the 13-lot plat subject to the following conditions: (The authority for discretionary review and/or modification shall lie with either King County or the City subject to the terms of the inter-local agreement.) 1. Compliance with all platting provisions of Title 19A of the King County Code. 2. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication that includes the language set forth in King County Council Motion No. 5952. 3. The plat shall comply with the base density and minimum density requirements of the R-6 zone classification. All lots shall meet the minimum dimensional requirements of the R-6 zone classification or shall be shown on the face of the approved preliminary plat, whichever is larger, except that minor revisions to the plat which do not result in substantial changes may be approved at the discretion of King County Department of Development and Environment Services (DDES). Any/all plat boundary discrepancy shall be resolved to the satisfaction of King County DDES prior to the submittal of the final plat documents. As used in this condition, "discrepancy" is a boundary hiatus, an overlapping boundary or a physical appurtenance, which indicates an encroachment, lines of possession or a conflict of title. 4. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Design and Construction Standards established and adopted by County Ordinance No. 11187, as amended (2007 KCRDCS). 5. The applicant must obtain the approval of the King County Fire Protection Engineer for the adequacy of the fire hydrant, water main, and fire flow standards of Chapter 17.08 of the King County Code. 6. Final plat approval shall require full compliance with the drainage provisions set forth in King County Code 9.04. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Preliminary review has identified the following conditions of approval, which represent portions of the drainage requirements. All other applicable requirements in K.C.C. 9.04 and the King County Surface Water Design Manual(KCSWDM)must also be satisfied during engineering and final review. Kelsey's Crossing Preliminary Plat File No.: LUA-08-069, PP, ECF October 14, 2008 Page 7 Noe a. Drainage plans and analysis shall comply with the 2005 King County Surface Water Design Manual and applicable updates adopted by King County. DDES approval of the drainage and roadway plans is required prior to any construction. b. Current standard plan notes and ESC notes, as established by DDES Engineering Review, shall be shown on the engineering plans. c. The following note shall be shown on the final recorded plat: "All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected to the permanent storm drain outlet as shown on the approved construction drawings on file with DDES and/or the King County Department of Transportation. This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be constructed at the time of the building permit and shall comply with plans on file." 7. The drainage facilities shall meet the requirements of the 2005 King County Surface Water Design Manual (KCSWDM). The drainage design shall meet at a minimum the Conservation Flow Control and Basic Water Quality requirements in the KCSWDM. 8. Drainage adjustment L08V0030 has been approved for this project. All conditions of approval for this Now adjustment shall be met prior to engineering plan approval. 9. The following road improvements are required to be constructed according to the 2007 King County Road Design and Construction Standards (KCRDCS): a. The internal access Road A shall be improved at a minimum to the urban sub-access street standard, with a temporary cul-de-sac at the east end. b. The frontage along SE 192nd Street shall be improved at a minimum to the urban principal arterial street standard. This improvement shall also meet the Street Widening Requirements in Section 4.03 of the KCRDCS. c. Provide 12 feet of additional R/W along the frontage of SE 192nd Street with a 25 ft. R/W radius at the SE 192nd Street/ 120th Ave SE intersection (Lot 11). d. The frontage along 120th Ave SE shall be improved at a minimum to the urban neighborhood collector standard. This improvement shall also meet the Street Widening Requirements in Section 4.03 of the KCRDCS. e. Tract A shall be designed to the private access tract standard per Section 2.09 of the KCRDCS. f. Modifications to the above road conditions may be considered according to the variance provisions in Section 1.12 of the KCRDCS. Kelsey's Crossing Preliminary Plat File No.: LUA-08-069,PP,ECF October 14, 2008 Page 8 10. All utilities within proposed rights-of-way must be included within a franchise approved by the King County Council prior to final plat recording. 11. The applicant or subsequent owner shall comply with King County Code 14.75,Mitigation Payment System(MPS),by paying the required MPS fee and administration fee as determined by the applicable fee ordinance. The applicant has the option to either: (1)pay the MPS fee at the final plat recording, or (2)pay the MPS fee at the time of building permit issuance. If the first option is chosen,the fee paid shall be the fee in effect at the time of plat application and a note shall be placed on the face of the plat that reads, "All fees required by King County Code 14.75,Mitigation Payment System(MPS),have been paid." If the second option is chosen,the fee paid shall be the amount in effect as of the date of building permit application. 12. Lots within this subdivision are subject to King County Code 21A.43, which imposes impact fees to fund school system improvements needed to serve new development. As a condition of final approval, fifty percent(50%)of the impact fees due for the plat shall be assessed and collected immediately prior to the recording, using the fee schedules in effect when the plat receives final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to building permit issuance. 13. Off-site school walkway: a. 120th Avenue Southeast shall be widened along the east side of the roadway, from the end of the subdivision frontage improvements (approximately mid-point between the plat street and Southeast 191st Street)to the intersection of Southeast 188th Street. The improvements shall consist of a paved walkway that provides a total width of 16 feet(11-foot northbound travel lane plus five(5) feet of walkway surface, of pavement-measured from the centerline of existing roadway to the new edge of pavement. Unless previously constructed in conjunction with the preliminary plat of Wehrman (DDES File#L04P0027), a widened paved shoulder shall be provided at the northeast corner of the intersection of Southeast 188th/120th Avenue Southeast. b. If either(1) the subdivision improvements for the plat of Jessie Glen(DDES File#L05P0005) have been completed and accepted at the time of recordation of the proposed Kelsey's Crossing subdivision, including the off-street connection between SE 189th Place and SE 191st in Jessie Glen,or, (2) the off-site subdivision walkway improvements for the plat of Wehrman have been completed,then no additional walkway improvements are required. If neither set of improvements have been constructed and accepted, then, in addition to the above-noted improvements to 120th Avenue SE: c. Southeast 188th Street(116th Ave SE to 120th Ave Southeast) shall be widened to provide a minimum 16-foot wide paved surface as measured from the construction centerline on either the north side or the south side. This will provide an 11-foot wide travel lane and a five (5)-foot wide paved shoulder.The final location (north side or south side of Southeast 188th Street) will be determined during engineering plan approval. 14. Suitable recreation space shall be provided consistent with the requirements of KCC 21A.14.180 and KCC 21A. 14.190 (i.e., sport court[s], children's play equipment,picnic table[s],benches, etc.). Kelsey's Crossing Preliminary Plat File No.: LUA-08-069, PP, ECF October 14, 2008 Page 9 a. A detailed recreation space plan(i.e., location, area calculations, dimensions, landscape specs, equipment specs, etc.) shall be submitted for review and approval by DDES and King County Parks prior to or concurrent with the submittal of engineering plans. b. A performance bond for recreation space improvements shall be posted prior to recording of the plat. 15. A homeowners'association or other workable organization shall be established to the satisfaction of DDES, which provides for the ownership and continued maintenance of the recreation tracts. 16. Street trees shall be provided as follows (per KCRDCS 5.03 and KCC 21A.16.050): a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. b. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 2007 King County Road Design and Construction Standards, unless King County Department of Transportation determines that trees should not be located in the street right-of-way. c. If King County determines that the required street trees should not be located within the right- of-way, they shall be located no more than 20 feet from the street right-of-way line. d. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the county has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. e. The species of trees shall be approved by DDES if located within the right-of-way, and shall not include poplar, cottonwood, soft maples, gum, any fruit-bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. f. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by DDES prior to engineering plan approval. g. The applicant shall contact Metro Service Planning at(206) 684-1622 to determine if SE 192nd Street is on a bus route. If so, the street tree plan shall also be reviewed by Metro. h. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat. If a performance bond is posted,the street trees must be installed and inspected within one year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond may be released after DDES has completed a second inspection and determined that the trees have been kept healthy and thriving. 17. To implement K.C.C. 21A.38.230, which applies to the site, a detailed tree retention plan shall be Nome submitted with the engineering plans for the subject plat. The tree retention plan(and engineering plans) shall be consistent with the requirements of K.C.C. 21A.38.230, as well as the conceptual tree retention plan dated February 25, 2008. No clearing of the subject property is permitted until the final Kelsey's Crossing Preliminary Plat File No.: LUA-08-069, PP, ECF October 14, 2008 Page 10 tree retention plan is approved by LUSD. Flagging and temporary fencing of trees to be retained shall be provided, consistent with K.C.C. 21A.38.230.B.4. The placement of impervious surfaces, fill material, excavation work, or the storage of construction materials is prohibited within the fenced areas around preserved trees, except for grading work permitted pursuant to K.C.C. 21A.38.230.B.4.d. (2). A note shall be placed on the final plat indicating that the trees shown to be retained on the tree retention plan shall be maintained by the future owners of the proposed lots, consistent with K.C.C. 21A.38.230.B.6. (Note that the tree retention plan shall be included as part of the final engineering plans for the subject plat.) 18. Sprinkler Requirement: a. Any future residences constructed on Lots 2 through 9 within this subdivision are required to be sprinkled NFPA 13D unless the requirement is removed by the King County Fire Marshal or his/her designee. The Fire Code requires all portions of the exterior walls of structures to be within 150 feet(as a person would walk via an approved route around the building) from a minimum 20-foot wide, unobstructed driving surface that is not over 150 feet in length if dead- end. Vehicles parked on roadway surfaces or within the cul-de-sac are obstructions. b. To qualify for removal of the sprinkler requirement the driving surface of Road A has to have a minimum curb-to-curb width of 36 feet; or if classified as private, Road A will have to be marked/signed as a fire lane per requirements outlined in KCC Title 17. *4400 ORDERED THIS 14th day of October 2008. t Vckt_ r,, , FRED J.KAUJvIAN + HEARING EXAMINER TRANSMITTED THIS 14th day of October 2008 to the parties of record: Gerald Wasser Kayren Kittrick Bill VanEngelenberg Development Services Development Services 25302 139th Place SE Renton, WA 98057 Renton,WA 98057 Kent, WA 98042 Ivana Halvorsen Alexia Dorsch Barghausen Consulting Engineers Barghausen Consulting Engineers 18215 72nd Avenue S 18215 72nd Avenue S Kent, WA 98042 Kent, WA 98042 TRANSMITTED THIS 14th day of October 2008 to the following: Mayor Denis Law Dave Pargas, Fire Jay Covington, Chief Administrative Officer Larry Meckling, Building Official Noid Julia Medzegian, Council Liaison Planning Commission Gregg Zimmerman, PBPW Administrator Transportation Division Kelsey's Crossing Preliminary Plat File No.: LUA-08-069, PP, ECF October 14, 2008 Page 11 Nose Alex Pietsch, Economic Development Utilities Division Jennifer Henning,Development Services Neil Watts,Development Services Stacy Tucker,Development Services Janet Conklin, Development Services Marty Wine, Assistant CAO Renton Reporter Pursuant to Title IV, Chapter 8, Section 100Gof the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., October 28, 2008. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen(14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m., October 28, 2008. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte(private one-on-one) communications may occur Now. concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. qtr w led Project Location: Northeast corner of SE 192"' Street and 120`h Avenue SE il t SITE , ,,_ �` s t 7 I r �gr v 3w \ �Asap y ��� s �' � g� \ ,4-4,4,;.y--�'� ,„:;::::!,.4-111,...;':;:t:i4,21,,,,,,,,•:;1:-..',-,.,', .4 i':‘1 Pra% t''' F''''I'''''A'k-'.{s'il'''5:-'''Yess':':-;::i'1:"."...7!',,,,,,:r",q;i1;"1114,""-: 44,V.',-A,iiiie � i£ r '' 47= �. 11: i i. Hexrpt08-069.doc • PRELI 'PLAT » 1112T1 ( J...-' .1).01.3. If KELSEY' CROSSING ',' A PORTION OF THE SW 1/4 OF SECTION 33,TOWNSHIP 23 N,RANGE 05 E.,W ^.M. . SITE KING COUNTY, WASHINGTON » 4 I :r:• RECREATION SPACE TABLE i ;{ NIA p.r1, :::.: I ( a Tr1m 0 PM.) Lal, I I;"Oj: -r:?07, I U 1 (lace .aw Lr.nen L.O. '...i'".I�11 CF,_ __ PORNVID c. : .:kms;:;: I 1 Ca 1 .,.Cilli I II 1 Tr.-„77, .,,.,"3..'. _ It VICMfTY MAP a ;,E". :1:.• NOTES g TRACT TABLE J`c :i� J"• ',;. ,3` y3 Jvl.;.o5 ...n.1 - «m-°,a `© 5'O- lr tum v10 _MM 41 r.) '•14,41, I ti•!•' ;,: I. m Kr.r: ualcl I.r IS,K.)) m•r.w.rt.0ern °n •`.•ii II ..am......3001'' goo r,M I` .... 4e r. 1.ua )!`- • II I I 1 , _ n°Yt KOWD / 1 ' , 1p' 1e ", n e u-v,wowlrw..014.3. • • TOPS. M a C or*r.umv 10. ,;.Yul�71')II __ / / . I. 0131.,33 1a.•.-.leo/MMp 1014 MG 17,LO w L.0 K .1:j /' f,_ , _-r:-+a ^ �L_ 4 1.w0a0 wOMLn 0-I(a./1aa1 �� /• .,� 1 :. mMlOma..,w 0.•001.41:OR..a0M1M.KO. ;Ii� :'/ 1' / H '/ a Inmla .o.r.onans PIM!'•j;,- uti / c /' 1 I r Mara.w.b1 OWN a maw.unMn R..03m c»m,M» �1I • LOT AREA TABLE �i, I'll I rRr ` / I A°. Rau..MI»,ur wool, 011 ray vr/ AKA 4,464 .mI M• aaa..r,l a.'.1„!�,, III /1 Ix 2 Ih p 6 13 I� 6 7 I 11. 4301.4003., 1x1/Mut .3101 1.10 I: II li rUuj �` I '� g . ,ta..3,.M ii. .�Mam.I..R,.� 4,316 ,0 ',111 .. I / .0161/11131 161 10 1121 4.117 Il ,.o I / I( i s 107.Alf MG 4.71.1 a.WII 01 K ,'Ii'..I�I y" ---i-_ �_.J L� ---j /f I\ g,: la. YY sof WOW O!11.13M1L a 112. .Kwl lm Ma. 1,111 Sr +:i•I: 1 a ._ -�-..J I /Ir.r ^u c « ,1"Y.1.14.41...OD n«.m, ' -1 ser..0163 nm wn.o v 7J�) 0 Ogm,L11K �. • ,,,}.'.. »4441 U _ Z' 31111 L)` 7.Ti , u or mway.rm DENSITY CALCULATIONS a"°f;`'' °.;: c7 - L 1644,1, »,,....711,,..0.17:17....4...,,,,..."'"111'''',::,,, 1"1,==-4,...1.,:.„.%),.. ;,Pt:,,..F'•:0 : ,., I I a,i 7- > I v :I_:!1 I a: .1,�_____�_ 4 I, { i III „i_______ I /- I -1 c` UTILITIES/SERVICES Zi .4160 oo.wrw P. _ • MOR MOOImMK MG I;R)!./..1.101 K "''II..I I O r• 9 /i B- / Y / ~�� ,,,..,„/ (j r,((' •O.WYl.wr / 0 A-1 ...vs.T1 aeO1 DM Mlq MO WI.Owner 1.1013. ..,0 OvryaM u,m (Lu.1.u,n) ,a,3101 1',;lil•y II i , /.;.,-- ......., a / --G7 fabA 1.30-1100....so IYOC.IIl1iO1O1 ; I II..CA��-', I .- '- " / / / -'7. VOLVO,. 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I ° �.a ' ,a -'7'011 M a` l M' SOUw'°IM 1"Mrtv6,K 2 3 111 ,,, 1 ll :^,C," .• ' I a u1Mu, „5 _ I __ J�\ Iwv{aa�iia? w 4Q „��_;N= '�,.��� nt"R:...".1.1111/1,..Inc Ylwnnrnn< H �5 77 ` 14Fµ I 1 �,,5°'F 1 _r`: - �• �' ..6F`''"• TOP r1 g �> „a:.� SURVEY yV , j I ;vurroof�°M�n 1 °0('v. . M s P d 1 I 40 4•01.2 LEOAL.DESCRIPTION t Mm Al W cmlom. wm«mccw;l , o a�"°a z,m or r,7"' S .=i': F 4' EMT a sur v RR Or nlc w ..V.1,;'.=n FIR a ni 014431,41 Rn or r Od. .y/ p 1- torr6romm AARON Wow x.133.wn 1 Km.Ow m MI ti"T.aamr 11..0 In MON(11 Or Mon 1001 10 111.401 m MO ovular WNW. 1 c 104 444,,R4 RV TMt.4.11 OAP on W 00101X01643.10 10 161 OParr 17.1 M[7tOr ty imr°rt:,I KKK111, "+01434 SUIT AT SKI va.:lc 1 a K.oval.ww.om» I y{ "el 1 r ANNA H5 - 28 T23N R5E W 1/2 SE 176th St SE Pstrovitsky Rd tu _ _. (..? - • ._ 1„"pi m EXHIBIT 5 R-4 ' SE 178th PI --_ ,. . - - RC _i ' ... : -R-8 .., _� .. ' EEtIWist _-- -�-� - - -_- __ -_ Y _ SE .. . ..__ SE 188th Sl - SE 18(1th PI --, 1111 . . R-e - Si and - w 181st St - SE 182nd Sl R-4 _ - - R-4 - - ' -SE'182nd St - N - . . .. H . w WW W $ W R-8 s gy tJ v SE 18dih St 4 W < Iro t'll .41111110#SE 186th St - : R-4 R.* N SEISM - 6th PI m - w 44 l b RC SE 188th St SE1691h St w R-8 w --- =Ew.., SE t89lh In .- ._- - � R4 , w ^ SE tSOtn Ln ,fir , -.. - N -- R-8 R-4 : 'mL - _- rna- , 17/1 , H SE 19 .- J5 - 04 T22N R5E W 1/2 NS tiY O I5 •'� © ZONING 200 400mit 33 T23N R5E W 1/2 PR'TECHNICAL SERVICES Feet �riv T 0 07/15/08 1:4,800 5333 e CITY OF RENTON COUNCIL AGENDA BILL AI#: (p . e . Submitting Data: Public Works Department For Agenda of: Dept/Div/Board.. Transportation Systems November 10, 2008 Staff Contact Nathan Jones, extension 7217 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Commute Trip Reduction (CTR) Ordinance Update Ordinance X Resolution X Old Business Exhibits: New Business X Issue Paper Study Sessions Resolution Information Ordinance CTR Plan ERC DNS Recommended Action: Approvals: Legal Dept X Council Concur Finance Dept Other Fiscal Impact: Expenditure Required N/A Transfer/Amendment Revenue N/A Generated Total Project Budget N/A City Share Total Project... N/A SUMMARY OF ACTION: The existing City's Commute Trip Reduction(CTR) Ordinance and referenced CTR Plan needs to be updated to reflect changes mandated by the State of Washington Department of Transportation, State CTR Board, and Washington State Legislature. STAFF RECOMMENDATION: Adopt the resolution and present the updated Commute Trip Reduction Ordinance for first reading. C.kf Y 0 PUBLIC WORKS DEPARTMENT MEMORANDUMet DATE: November 10, 2008 TO: Marcie Palmer, President Members of the Renton City Council VIA: Denis Law, Mayor FROM: _0r9 Gregg Zimmermakinistrator STAFF CONTACT: Nathan Jones, Transportation Planning, extension 7217 SUBJECT: Commute Trip Reduction (CTR) Ordinance Update ISSUE: Should the City update the existing Commute Trip Reduction (CTR) Ordinance and referenced CTR Plan to reflect changes mandated by the State of Washington Department of Transportation, State CTR Board, and Washington State Legislature? RECOMMENDATION: Adopt the resolution and present the updated Commute Trip Reduction Ordinance for first reading. BACKGROUND: The Washington State Legislature first passed the Commute Trip Reduction (CTR) law in 1991. Convinced of the success of CTR, the Washington State Legislature unanimously adopted changes to the CTR law in 2006, making the program more efficient. On March 29, 2006, the governor signed the Commute Trip Reduction (CTR) Efficiency Act, requiring updated CTR programs to start in 2008. The most significant changes to CTR include: • Focusing the Program on Congested Highway Corridors: The new CTR law directs the program onto urban growth areas with congested state highways. This change focuses the program on the areas of the state expected to deliver a higher return on state and private investment, while allowing exemptions for more rural, less populated and less congested counties. New Marcie Palmer,President Members of the Renton City Council Page 2 of 3 November 10,2008 Affect to Renton: No change. Renton is within an affected county and within an area with congested state highways, so we are not exempt from this law. Potentially, a portion of state funding allocations that formerly went to more rural, less populated counties could be redirected toward jurisdictions such as ours. • Increasing Planning Coordination: The new CTR law establishes a state CTR planning framework to integrate CTR with local, regional, and state transportation and land use planning and investment. Affect to Renton: Marginal change. Staff will continue to attend quarterly countywide and regional meetings. • Providing Flexibility to Local Jurisdictions: The new CTR law allows cities to establish Growth and Transportation Efficiency Centers (GTECs) where customized trip reduction programs and transportation-efficient land uses could be adopted to go beyond the requirements of the base CTR program. Affect to Renton: No change at this time. In the future, it is possible to develop a GTEC if desired. State guidelines for establishing a GTEC only allowed them in urban centers, such as Downtown Renton and/or the area south of Lake Washington. When the CTR Ordinance and CTR Plans were being developed in 2007 the status for state funding for the GTECs was unknown. Staff did not see a benefit to establishing a new program without an identified, sustained, local or state funding source for planning or implementation. • Goals Simplified to be Easier to Administrate: The goals are no longer complicated and hard to follow. From the base year survey administered in 2007, CTR-affected employers are expected to attain a 10 percent reduction in drive- alone trips and a 13 percent reduction in vehicle miles traveled by 2011. The state CTR law sets this as the minimum but does not restrict local jurisdictions from having more aggressive goals for their employers. Affect on Renton: Marginal change. Staff is proposing goals to be consistent with the minimums established by the state CTR law. Initial training sessions will be required to orient CTR-affected locations of the revised expectations. • Elimination of an Annual Report: Reporting requirements set by the state CTR law have been reduced. Rather than annual reporting, employers are required to submit reports on their worksite CTR program every other year, lessening the administrative burden to employers and jurisdictions. Affect on Renton: Renton will spend less time reviewing and approving employers' CTR programs. Nied h:\division.s\transpor.tat\planning\nathan jones\ctr\ctr_redo\new_ctr_ordinance_agenda_bill\issuepaper_ctr_ord.doc Marcie Palmer,President Members of the Renton City Council Page 3 of 3 November 10,2008 Nrimpv The Renton CTR Plan,referenced by the draft update of the Renton CTR Ordinance, was reviewed by the Washington State Department of Transportation and King County Metro Transit staff and approved by the Puget Sound Regional Council and the State of Washington CTR Board. Correspondence from these agencies is attached. Attachments: Washington State CTR Board CTR Plan Approval Letter(2/25/08) Puget Sound Regional Council CTR Plan Approval E-mail(9/11/07) King County DOT—Metro Transit CTR Plan Letter(6/27/07) WSDOT CTR Plan Letter(6/21/07) cc: Peter Hahn,Deputy PW Administrator—Transportation Jim Seitz,Transportation Planning and Programming Supervisor Nate Jones,Transportation Planning File v `'�lrrrr h:\division.s\trapspor.tat\planning\nathan jones\ctr\ctr_redo\new_ctr_ordinance_agenda_bili\issue paper_ctr_ord.doc CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ADOPTING THE 2007 CITY OF RENTON COMMUTE REDUCTION PLAN, INCLUDING POLICIES FOR MAJOR EMPLOYERS IN RENTON, TO SATISFY THE COMMUTE TRIP REDUCTION REQUIREMENTS OF STATE LAW. WHEREAS, in 1993, the City of Renton adopted a Commute Trip Reduction Plan by Resolution No. 2951; and WHEREAS, in 1993, the City of Renton adopted a Commute Trip Reduction Ordinance, No. 4392; and WHEREAS, the city's Commute Trip Reduction Ordinance was amended in 1998 by Ordinance No. 4719; and WHEREAS, the requirements previously imposed by state law have changed; and WHEREAS, amendments need to be made to the City of Renton Commute Trip Reduction Plan and the Commute Trip Reduction Ordinance; and WHEREAS, the 2007 City of Renton Commute Trip Reduction Plan is attached hereto as Exhibit A; and WHEREAS, the City of Renton will adopt contemporaneously with this Resolution amendments to the Commute Trip Reduction Ordinance, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION 1. The above recitals are found to be true and correct in all respects. SECTION II. The City Council of the City of Renton hereby adopts the 2007 City of Renton Commute Trip Reduction Plan, attached hereto as Exhibit A and incorporated by 1 RESOLUTION NO. this reference as if fully set forth herein. This Plan may, from time to time, be amended by ir.. resolution of the City Council. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Now Lawrence J. Warren, City Attorney Date of Publication: RES.1342:5/14/08:scr Niviry 2 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 13, COMMUTE TRIP REDUCTION, OF TITLE X (TRAFFIC), OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," BY INCORPORATING RECENT LEGISLATIVE AND ADMINISTRATIVE CHANGES TO THE STATE OF WASHINGTON'S COMMUTE TRIP REDUCTION PROGRAM AS REQUIRED BY RCW 70.94.527. WHEREAS, Pursuant to RCW 70.94.527 Transportation Demand Management Requirements for Counties and Cities, the City of Renton has enacted a commute trip reduction plan for major employers, and WHEREAS, The Washington Legislature has recently made legislative and administrative changes to its requirements for the commute trip reduction plans; and WHEREAS, the 'City Council has duly determined after due consideration of the testimony and evidence before it that it is necessary to amend Chapter 13 of the Renton Municipal Code, the City of Renton's Commute Trip Reduction ordinance by adopting relevant sections of the recent legislative and administrative changes; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 10-13-1, Definitions, of Chapter 13, Commute Trip Reduction, of Title X (Traffic) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended by adding or revising the following definitions to read as follows: AFFECTED EMPLOYEE: A full-time employee who is scheduled to begin his or her regular work day at a single worksite between six o'clock (6:00) a.m. and 1 ORDINANCE NO. nine o'clock (9:00) a.m. (inclusive) on two (2) or more weekdays for at least Now twelve (12) continuous months who is not an independent contractor. Seasonal agricultural employees, including seasonal employees of processors of agricultural products, are excluded from the count of affected employees. AFFECTED EMPLOYER: An employer that employs one hundred (100) or more full-time employees at a single worksite who are scheduled to begin their regular work day between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least twelve continuous months. Construction worksites, when the expected duration of the construction is less than two years, are excluded from this definition. ALTERNATIVE MODE: Commute transportation other than that in which the single-occupant motor vehicle is the dominant means of transport, including Now telecommuting and teleworking, if they result in reducing commute trips. ALTERNATIVE WORK SCHEDULES: Programs such as compressed work week schedules that eliminate work trips for affected employees. BASE YEAR: the twelve-month period which commences when a major employer is determined by the jurisdiction to be participating within the CTR program. The City of Renton uses this twelve-month period as the basis upon which it develops commute trip reduction goals. BASE YEAR SURVEY or BASELINE MEASUREMENT: The survey, during the base year, of employees at a major employer worksite to determine the drive: alone rate and vehicle miles traveled per employee at the worksite. The jurisdiction uses this measurement to develop commute trip reduction goals for Naive 2 ORDINANCli NO. the major employer. The baseline measurement must be implemented in a manner that meets the requirements specified by the City of Renton. CARPOOL: A motor vehicle, including a motorcycle, occupied by two to six people of at least 16 years-of age traveling together for their commute trip, resulting in the reduction of a minimum of one motor vehicle commute trip. COMMUTE TRIPS: Trips made from a worker's home to a worksite (inclusive) on weekdays. CTR: Commute Trip Reduction. CTR BOARD: That board established pursuant to RCW 70.94 537. CTR PLAN: Renton's plan to regulate and administer the CTR programs of affected employers within the city, a copy of which is maintained in the City Clerk's office. CTR PROGRAM: an employer's strategies to reduce employees' drive alone commutes and average VMT per employee. COMMUTE TRIP VEHICLE MILES TRAVELED PER EMPLOYEE: See, "VMT,"below. COMPRESSED WORK WEEK: An alternative work schedule, in accordance with employer policy, that regularly allows a full-time employee to eliminate at least one work day every two weeks by working longer hours during the remaining days, resulting in fewer commute trips by the employee. This definition is primarily intended to include weekly and bi-weekly arrangements, the most typical being four (4) ten (10) hour days or eighty (80) hours in nine (9) days, but may also include other arrangements. 3 ORDINANCE NO. CUSTOM BUS/BUSPOOL: A commuter bus service arranged specifically to transport employees to work. DOMINANT MODE: The mode of travel used for the greatest distance of a commute trip. DRIVE ALONE: A motor vehicle occupied by one (1) employee for commute purposes, including a motorcycle. DRIVE ALONE TRIPS: Commute trips made by employees in single occupant vehicles. EMPLOYEE TRANSPORTATION COORDINATOR (ETC): A person who is designated as responsible for the development, implementation and monitoring of an employer's CTR program. EMPLOYER: A sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district, or other individual or entity, whether public, non-profit, or private, that employs workers. EXEMPTION: A waiver from any or all CTR program requirements granted to an employer by City of Renton based on unique conditions that apply to the employer or employment worksite. FLEX-TIME: An employer policy that provides work schedules allowing individual employees flexibility in choosing the start and end time but not the number of their working hours. FULL-TIME EMPLOYEE: A person, other than an independent contractor, whose position is scheduled on a continuous basis for fifty-two (52) weeks for an average of at least thirty-five (35) hours per week. 4 ORDINANCE NO. GOALS: Those CTR Goals as the city of Renton set out in Chapters II and III of the Commute Trip Reduction Plan maintained in the City Clerk's office. GOOD FAITH EFFORT: An employer has met the Mandatory Elements identified in RMC 10-13-6A of this code and meets the conditions set out in RCW • 70.94.534(2) as those are currently worded or are hereafter amended. IMPLEMENTATION: An active pursuit by an employer of the CTR goals of RCW 70.94.521-555 and this ordinance as evidenced by appointment of an employee transportation coordinator (ETC), distribution of information to employees regarding alternatives to drive alone commuting, and commencement of other measures according to its approved CTR program and schedule. MAJOR EMPLOYER: A private or public employer, including state agencies, that employs one hundred or more full-time employees at a single worksite who , od are scheduled to begin their regular work day between 6:00 a.m. and 9:00 a.m. on weekdays for at least twelve continuous months. MAJOR EMPLOYER WORKSITE or AFFECTED EMPLOYER WORKSITE or WORKSITE: The physical location occupied by a major employer, as determined by the local jurisdiction. MAJOR EMPLOYMENT INSTALLATION: A military base or federal reservation, excluding tribal reservations, or other locations as designated by the City of Renton, at which there are one hundred or more affected employees. MODE: The means of transportation used by employees, such as single-occupant motor vehicle, rideshare vehicle (carpool or vanpool), transit, ferry, bicycle, walking, or telecommuting. NISS ORDINANCE NO. NOTICE: Written communication delivered via the United States Postal Service Nor with receipt deemed accepted three days following the day on which the notice was deposited with the Postal Service unless the third day falls on a weekend or legal holiday in which case the notice is deemed accepted the day after the weekend or legal holiday. PEAK PERIOD: The hours from six o'clock (6:00) a.m. to nine o'clock (9:00) a.m. (inclusive), Monday through Friday, except legal holidays. PEAK PERIOD TRIP: Any commute trip that delivers the employee to begin his or her regular workday between six o'clock (6:00) a.m. and nine o'clock (9:00) a.m. (inclusive), Monday through Friday, except legal holidays. PROPORTION OF DRIVE ALONE TRIPS or DRIVE ALONE RATE: The number of commute trips over a set period of time made by employees in single occupancy vehicles divided by the number of potential trips taken by employees working during that period. RIDE MATCHING SERVICE: A system which assists in matching commuters for the purpose of commuting together. TELEWORKING or TELECOMMUTING: The electronic transport of work through the use of telephones, computers, or other similar technology a) which permits an employee to work from home, thereby eliminating a commute trip. Or, b) use electronic transport of work from a work place closer to home, reducing the distance traveled in a commute trip by at least one half(1/2). TRANSIT: Multiple-occupant vehicle operated on a for-hire, shared-ride basis, including bus, passenger ferry, rail, shared-ride taxi, shuttle bus, or vanpool. 6 ORDINANCE NO. TRANSPORTATION DEMAND MANAGEMENT (TDM): A broad range of Nrisd strategies that are primarily intended to reduce and reshape demand on the transportation system. TRANSPORTATION MANAGEMENT ASSOCIATION (TMA): A group of employers or an association representing a group of employers in a defined geographic area. A TMA may represent employers within specific city limits or may have a sphere of influence that extends beyond city limits. VANPOOL: A vehicle occupied by from five (5) to fifteen (15) people traveling together for their commute trip, that results in the reduction of a minimum of one motor vehicle trip. VEHICLE MILES TRAVELED (VMT) PER EMPLOYEE: The number of the individual vehicle commute trip lengths in miles made by all employees over a set period of time divided by the number of employees during that period. WEEK: A seven-day calendar period starting on Monday and continuing through Sunday. WEEKDAY: Any day of the-week except Saturday or Sunday. WRITING, WRITTEN, or IN WRITING: An original signed and dated document(s). Electronic and/or facsimile (fax) transmissions will not substitute for an original for a document required herein. SECTION II. Section 10-13-2, Commute Trip Reduction Goals, of Chapter 13, Commute Trip Reduction, of Title X (Traffic), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended by changing the name "Commute Trip Reduction Goals" to "Commute Trip Reduction Plan" and is amended to read as follows: 7 ORDINANCE NO. *410, 10-13-2 Commute Trip Reduction Plan The goals established for the City of Renton and affected employers are set forth in the City of Renton's 2007 Commute Trip Reduction Plan. SECTION III. Section 10-13-3, Designation of CTR Zones and Base Year Values, of Chapter 13, Commute Trip Reduction, of Title X (Traffic), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended by changing the name "Designation of CTR Zones and Base Year Values" to "Commute Trip Reduction Goals" and is amended to read as follows: 10-13-3 Commute Trip Reduction Goals A. Commute Trip Reduction Goals The City of Renton's goals for reductions in the proportions of drive-alone commute trips and vehicle miles traveled per employee by affected employers in Num, this jurisdiction, major employment installations, and other areas designated by the City of Renton are set out in the City of Renton's 2007 Commute Trip Reduction Plan, as it is currently worded or is hereafter amended. These goals establish the desired level of performance for the CTR program in its entirety in the City of Renton. The City of Renton will set the individual worksite goals for affected employers based on how the worksite can contribute to the City of Renton's overall goal established in the CTR Plan. The goals will appear as a component of the affected employer's approved implementation plan outlined in RMC 10-13-6. B. Commute Trip Reduction Goals for Affected Employers lo.r 8 ORDINANCE NO. 1. The drive-alone and VMT goals for affected employers in the City of Renton are set forth in the 2007 City of Renton Commute Trip Reduction Plan, as it is currently worded or is hereafter amended. 2. If the goals for an affected employer or newly affected employer are not listed in the CTR Plan, they shall be established by the City of Renton at a level designed to achieve the City of Renton's overall goals for the jurisdiction and other areas as designated by the City of Renton. The City of Renton shall provide written notification of the goals for each affected employer worksite by providing the information when the City of Renton reviews the employer's proposed program and incorporating the goals into the program approval issued by the City of Renton. SECTION IV. Section 10-13-4, Responsible City of Renton Agency, of Chapter 13, Commute Trip Reduction, of Title X (Traffic), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: The City of Renton agency responsible for implementing this ordinance, the CTR Plan, and the City of Renton CTR program is the Public Works Department — Transportation Systems Division through the Administrator or his/her designee who is hereby given authority necessary to carry out administrative responsibilities itemized in and referenced by this Chapter. SECTION V. Section 10-13-5, Applicability, of Chapter 13, Commute Trip Reduction, of Title X (Traffic), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: The provisions of this ordinance shall apply to any affected employer within the Nomil geographic limits of the C"IR Plan adopted in RMC 10-13-2. 9 ORDINANCE NO. A. Notification of Applicability 1. In addition to the City of Renton's established public notification for adoption of an ordinance, a notice of availability of a summary of this ordinance, a notice of the requirements and criteria for affected employers to comply with the ordinance, and subsequent revisions shall be published at least once in the City of Renton's official newspaper not more than 30 days after passage of this ordinance or revisions. 2. Affected employers located in the City of Renton are to receive written notification that they are subject to this ordinance. Such notice shall be addressed to the company's chief executive officer, senior official, CTR program manager, or registered agent at the worksite. Such notification shall provide 90 days for the affected employer to perform a baseline measurement consistent with the measurement requirements specified by the City of Renton. 3. Affected employers that, for whatever reason, do not receive notice within 30 days of passage of the ordinance and are either notified or identify themselves to the City of Renton within 90 days of the passage of the ordinance will be granted an extension to assure up to 90 days within which to perform a baseline measurement consistent with the measurement requirements specified by the City of Renton. 4. Affected employers that have not been identified or do not identify themselves within 90 days of the passage of the ordinance and do not perform a baseline measurement consistent with the measurement requirements specified by the City of Renton within 90 days from the passage of the ordinance are in 1411.0 violation of this ordinance. 10 ORDINANCE NO. 5. If an affected employer has already performed a baseline measurement, or an alternative acceptable to the City of Renton, under previous iterations of this ordinance, the employer is not required to perform another baseline measurement. B. Newly Affected Employers 1. Employers meeting the definition of"affected employer" in this ordinance must identify themselves to the City of Renton within 90 days of either moving into the boundaries outlined in the CTR Plan adopted in RMC 10-13-2 or growing in employment at a worksite to one hundred (100) or more affected employees. Employers who do not identify themselves within 90 days are in violation of this ordinance. 2. Newly affected employers identified as such shall be given 90 days to perform a baseline measurement consistent with the measurement requirements specified by the City of Renton. Employers who do not perform a baseline measurement within 90 days of receiving written notification that they are subject to this ordinance are in violation of this ordinance. 3. Not more than 90 days after receiving written notification of the results of the baseline measurement, the newly affected employer shall develop and submit a CTR Program to the City of Renton. The program will be developed in consultation with the City of Renton's Public Works Administrator and/or his/her designee to be.consistent with the goals of the CTR Plan adopted in RMC 10-13- 2. The program shall be implemented not more than 90 days after approval by the City of Renton. Employers who do not implement an approved CTR program according to this schedule are in violation of this ordinance and subject to the Nod penalties outlined in RMC 10-13-9. 11 ORDINANCE NO. C. Change in Status as an Affected Employer Any of the following changes in an employer's status will change the employer's CTR program requirements: 1. If an employer initially designated as an affected employer no longer employs one hundred (100) or more affected employees and expects not to employ one hundred (100) or more affected employees for the next twelve (12) months, that employer is no longer an affected employer. It is the responsibility of the employer to notify the City of Renton that it is no longer an affected employer. The burden of proof lies with the employer. 2. If the same employer returns to the level of one hundred (100) or more affected employees within the same twelve (12) months, that employer will be considered an affected employer for the entire 12 months and will be subject to tiorr+ the same program requirements as other affected employers. 3. If the same employer returns to the level of one hundred (100) or more affected employees twelve (12) or more months after its change in status to an "unaffected" employer, that employer shall be treated as a newly affected employer and will be subject to the same program requirements as other newly affected employers. SECTION VI. Section 10-13-6, Requirements for Employers, of Chapter 13, Commute Trip Reduction, of Title X (Traffic), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: An affected employer is required to make a good faith effort, as defined in RCW 70.94.534(2) and this ordinance, to develop and implement a C"IR program that Nor✓ will encourage its employees to reduce VMT per employee and drive alone 12 ORDINANCE NO. commute trips. The CTR program must include the mandatory elements as Notod described below. A. Mandatory Program Elements Each employer's CTR program shall include the following mandatory elements: 1. Employee Transportation Coordinator (ETC) The employer shall designate an Employee Transportation Coordinator (ETC) to administer the CTR program. The ETC and/or designee's name, location, and telephone number must be prominently displayed physically or electronically at each affected worksite. The ETC shall oversee all elements of the employer's CTR program and act as liaison between the employer and the City of Renton. The objective is to have an effective transportation coordinator presence at each worksite; an affected employer with multiple sites may have one ETC for all sites. , 4110110 2. Information Distribution Information about alternatives to drive alone commuting as well as a summary of the employer's CTR program shall be provided to employees at least once a year and to new employees at the time of hire. The summary of the employer's CTR program shall also be submitted to the City of Renton with the employer's program description and regular report. B. Additional Program Elements In addition to the specific program elements described above, the employer's CTR program shall include additional elements as needed to meet CTR goals. Elements may include, but are not limited to, one or more of the following: 1. Provision of preferential parking for high-occupancy vehicles; 2. Reduced parking charges for high-occupancy vehicles; 13 ORDINANCE. NO. 3. Instituting or increasing parking charges for drive alone commuters; low 4. Provision of commuter ride matching services to facilitate employee ridesharing for commute trips; 5. Provision of subsidies for rail, trapsit, or vanpool fares and/or transit passes; 6. Provision of vans or buses for employee ridesharing; 7. Provision of subsidies for carpools, walking, bicycling, teleworking, or compressed schedules; 8. Provision of incentives for employees that do not drive alone to work; 9. Permitting the use of the employer's vehicles for carpooling or vanpooling; 10. Permitting flexible work schedules to facilitate employees' use of transit, Now carpools, or vanpools; 11. Cooperation with transportation providers to provide additional regular or express service to the worksite; 12. Construction of special loading and unloading facilities for transit, carpool, and vanpool users; _ 13. Provision of bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work; 14. Provision of a program of parking incentives such as a rebate for employees who do not use the parking facilities; 15. Establishment of a program to permit employees to work part- or full-time at home or at an alternative worksite closer to their homes which reduces commute trips; O 14 ORDINANCE NO. 16. Establishment of a program of alternative work schedules, such as a compressed work week, which reduces commute trips; 17. Implementation of other measures designed to facilitate the use of high- occupancy vehicles, such as on-site day care facilities, emergency taxi services, or guaranteed ride home programs; 18. Charging employees for parking, and/or the elimination of free parking; and 19. Other measures that the employer believes will reduce the number and length of commute trips made to the site. C. CTR Program Report and Description Affected employers shall review their program and file a regular progress report with the City of Renton in accordance with the format provided by the City of Renton. The CTR Program Report and Description outlines the strategies to be undertaken' by an employer to achieve the commute trip reduction goals for the reporting period. Employers are encouraged to consider innovative strategies and combine program elements in a manner that will best suit their location, site characteristics, business type, and employees' commuting needs. Employers are further encouraged to cooperate with each other to implement program elements. At a minimum, the employer's CTR Program Report and Description must include: 1. A general description of the employment site location, transportation characteristics, employee parking availability, on-site amenities, and surrounding services; 15 ORDINANCE NO. 2. The number of employees affected by the CTR program and the total number of employees at the site; 3. Documentation on compliance with the mandatory CTR program elements (as described in RMC 10-13-6A); 4. Description of any additional elements included in the employer's CTR program (as described in RMC 10-13-6B); and 5. A statement of organizational commitment to provide appropriate resources to the program to meet the employer's established goals. D. Biennial Measure of Employee Commute Behavior In addition to the baseline measurement, employers shall conduct a program evaluation as a means of determining worksite progress toward meeting CTR goals. As part of the program evaluation, the employer shall distribute and collect Commute Trip Reduction Program Employee Questionnaires (surveys) at least once every two years, and strive to achieve at least a 70% response rate from employees at the worksite. SECTION VII. Section 10-13-7, Record Keeping, of Chapter 13, Commute Trip Reduction, of Title X (Traffic), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: Affected employers shall maintain a copy of their approved CTR Program Description and Report, their CTR Program Employee Questionaire results, and all supporting documentation for the descriptions and assertions made in any CTR report to the City of Renton for a minimum of 48 months. The City of Renton and the employer shall agree on the record keeping requirements as part of the accepted CTR program. 16 ORDINANCE NO. SECTION VIII. Section 10-13-8, Schedule and Process for CTR Reports, Program *41100 Review And Implementation, of Chapter 13, Commute Trip Reduction, of Title X (Traffic), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended by changing the name "Schedule and Process for CTR Reports, Program Review And Implementation" to "Schedule and Process for CTR Program Description and Report" and is amended to read as follows: 10-13-8 Schedule and Process for CTR Program Description and Report A. Document Review The City of Renton shall provide the employer with written notification if a CTR program is deemed unacceptable. The notification must give cause for any rejection. If the employer receives no written notification of extension of the review period of its CTR program or comment on the CTR program or annual Ned report within 90 days of submission, the employer's program or annual report is deemed accepted. The City of Renton may extend the review period up to 90 days. The implementation date for the employer's CTR program will be extended an equivalent number of days. B. Schedule Upon review of an employer's initial CTR program, the City of Renton shall establish the employer's regular reporting date. This report will be provided in a form provided by the City of Renton consistent with RMC 10-13-6C. C. Modification of CTR Program Elements Any affected employer may submit a request to the City of Renton for modification of CTR requirements. Such request may be granted if one of the following conditions exist: 17 ORDINANCE NO. 1. The employer can demonstrate it would be unable to comply with the CTR program elements for reasons beyond the control of the employer, or 2. The employer can demonstrate that compliance with the program elements would constitute an undue hardship. 3. The City of Renton may ask the employer to substitute a program element of similar trip reduction potential rather than grant the employer's request. D. Extensions An employer may request additional time to submit a CTR Program Description and Report, or to implement or modify a program. Such requests shall be via written notice at least 30 days before the due date for which the extension is being requested. Extensions not to exceed 90 days shall be considered for reasonable causes. The City of Renton shall grant or deny the employer's extension request "nw by written notice within 10 working days of its receipt of the extension request. If there is no response issued to the employer, art extension is automatically granted for 30 days. Extensions shall not exempt an employer from any responsibility in meeting program goals. Extensions granted due to delays or difficulties with any program element(s) shall not be cause for discontinuing or failing to implement other program elements. An employer's regular reporting date shall not be adjusted permanently as a result of these extensions. An employer's annual reporting date may be extended at the discretion of the City of Renton. E. Implementation of Employer's CTR Program Unless extensions are granted, the employer shall implement its approved CTR program, including approved program modifications, not more than 90 days after receiving written notice from the City of Renton that the program has been 18 ORDINANCE NO. approved or with the expiration of the program review period without receiving .44001 notice from the City of Renton. SECTION IX. Section 10-13-9, Credit for Transportation Demand Management Efforts, of Chapter 13, Commute Trip Reduction, of Title X (Traffic), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended by changing the name "Credit for Transportation Demand Management Efforts" to "Enforcement" and is amended to read as follows: 10-13-9 Enforcement A. Compliance For purposes of this section, compliance shall mean: 1. Fully implementing in good faith all mandatory program elements as well as provisions in the approved CTR Program Description and Report; Nad 2. Providing a complete CTR Program Description and Report on the regular reporting date; and 3. Distributing and collecting the CTR Program Employee Questionnaire during the scheduled survey time period. B. Program Modification Criteria The following criteria for achieving goals for VMT per employee and proportion of drive alone trips shall be applied in determining requirements for employer .a1 CTR program modifications: 1. If an employer meets either or both goals, the employer has satisfied the objectives of the CTR plan and will not be required to improve its CTR program; 19 ORDINANCE NO. 2. If an employer makes a good faith effort, as defined in RCW 70.94.534(2) vow and this ordinance, but has not met the applicable drive alone or VMT goal, no, additional modifications are required; and 3. If an employer fails to make a good faith effort as defined in RCW 70.94.534(2) and this ordinance, and fails to meet the applicable drive alone or VMT reduction goal, the City of Renton shall direct the employer to revise its program within 30 days to come into compliance with the measures defined by RCW 70.94.534(2), including specific recommended program modifications. In response to the recommended modifications, the employer shall submit a revised CTR Program Description and Report, including the requested modifications or equivalent measures, within 30 days of receiving written notice to revise its program. The City of Renton shall review the revisions and notify the employer Now of acceptance or rejection of the revised program. If a revised program is not accepted, the City of Renton will send written notice to that effect to the employer within 30 days and, if necessary, require the employer to attend a conference with program review staff for the purpose of reaching a consensus on the required program. A final decision on the required program will be issued in writing by the City of Renton within 10 working days of the conference. C. Violations The following constitute violations if the deadlines established in this ordinance are not met: 1. Failure to self identify as an affected employer; 2. Failure to perform a baseline measurement, including: 20 ur.r•.. ORDINANCE NO. a. Employers notified or that have identified themselves to the City of Renton within 90 days of the ordinance being adopted and that do not perform a baseline measurement consistent with the requirements specified by the City of Renton within 90 days from the notification or self-identification; b. Employers not identified or self-identified within 90 days of the ordinance being adopted and that do not perform a baseline measurement consistent with the requirements specified by the City of Renton within 90 days from the adoption of the ordinance; i. Failure to develop and/or submit on time a complete CTR program; ii. Failure to implement an approved CTR program, unless the program elements that are carried out can be shown through quantifiable evidence to meet or exceed VMT and drive alone goals as specified in ordinance; iii. Submission of false or fraudulent data in response to survey requirements; iv. Failure to make a good faith effort, as defined in RCW 70.94.534 and this ordinance; or v. Failure to revise a CTR program as defined in RCW 70.94.534(4) and this ordinance. D. Penalties I. No affected employer with an approved CTR program which has made a good faith effort may be held liable for failure to reach the applicable drive alone or VMT goal; 21 ORDINANCE NC). 2. No Major Employer shall be liable for civil penalties for failure to reach Nome the applicable commute trip reduction goals; 3. Each day of failure to implement the program shall constitute a separate violation, subject to penalties as described in RCW 7.80; 4. An affected employer shall not be liable for civil penalties if failure to implement an element of a CTR program was the result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. Unionized employers shall be presumed to act in good faith compliance if they: a. Propose to a recognized union any provision of the employer's CTR program that is subject to bargaining as defined by the National Labor Relations Act; and low b. Advise the union of the existence of the statute and the mandates of the CTR program approved by the City of Renton and advise the union that the proposal being made is necessary for- compliance with state law (RCW 70.94.531). SECTION X. Section 10-13-10, Goal Modifications, of Chapter 13, Commute Trip Reduction, of Title X (Traffic), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended by combining Section 10- 13-10, Goal Modifications, and Section 10-13-14, Exemptions, into Section 10-13-10, and changing the name "Goal Modifications" to "Exemptions and Goal Modifications" and is amended to read as follows: 22 ORDINANCE NO. 10-13-10 Exemptions and Goal Modifications A. Worksite Exemptions An affected employer may request the City of Renton to grant an exemption from all CTR program requirements or penalties for a particular worksite. The employer must demonstrate that it would experience undue hardship in complying with the requirements of the ordinance as a result of the characteristics of its business, its work force, or its location(s). An exemption may be granted if and only if the affected employer demonstrates that it faces extraordinary circumstances, such as bankruptcy, and is unable to implement any measures that could reduce the proportion of drive alone trips and VMT per employee. Exemptions may be granted by the City of Renton at any time based on written notice provided by the affected employer. The notice should clearly explain the conditions for which the affected employer is seeking an exemption from the requirements of the CTR program. The City of Renton shall grant or deny the request within 30 days of receipt of the request. The City of Renton shall review annually all employers receiving exemptions, and shall determine whether the exemption will be in effect during the following program year. B. Employee Exemptions Specific employees or groups of employees who are required to drive alone to work as a condition of employment may be exempted from a worksite's CTR program. Exemptions may also be granted for employees who work variable shifts throughout the year and who do not rotate as a group to identical shifts. The City of Renton will use the criteria identified in the CTR Board Administrative Guidelines to assess the validity of employee exemption requests. 23 ORDINANCE NO. The City of Renton shall grant or deny the request within 30 days of receipt of the Nue request. The City of Renton shall review annually all employee exemption requests, and shall determine whether the exemption will be in effect during the following program year. - C. Modification of CTR Program Goals 1. An affected employer may request that the City of Renton modify its CTR program goals. Such requests shall be filed in writing at least 60 days prior to the date the worksite is required to submit its program description or annual report. The goal modification request must clearly explain why the worksite is unable to achieve the applicable goal. The worksite must also demonstrate that it has implemented all of the elements contained in its approved CTR program. 2. The City of Renton will review and grant or deny requests for goal fir+ modifications in accordance with procedures and criteria identified in the CTR Board Guidelines. (3) An employer may not request a modification of the applicable goals until one year after city/county approval of its initial program description or annual report. SECTION XI. Section 10-13-11, Employer Peer Review Group, of Chapter 13, Commute Trip Reduction, of Title X (Traffic), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended by changing the name "Employer Peer Review Group" to "Appeals" and is amended to read as follows: 10-13-11 Appeals A. Scope loalw 24 ORDINANCE NO. An Employer may appeal the final decisions of the Public Works Administrator, or his/her designee (hereinafter collectively referred to as "Administrator"), regarding the following actions: 1. Rejection of an Employer's proposed program, 2. Denial of an Employer's request for a waiver or modification of any of the requirements under this Chapter, or 3. Rejection of an Employer's modification of the Employer's program. B. Requirements to Commence Appeal 1. Notice of Appeal: Within 14 calendar days of receiving notice from the Administrator of any of the final decisions described above, the Employer desiring to appeal must file with the City Clerk, a written Notice of Appeal, which shall fully, clearly, and thoroughly specify the grounds for appeal,. The Notice of *4001 Appeal must be signed by the Employer/Appellant. The Employer/Appellant must file with the Notice of Appeal the written notice from the Administrator from which the appeal is being taken. The Notice of Appeal may not contain any factual information that was not submitted to the Administrator. 2. Appeal Fee: The Notice of Appeal shall be accompanied by a fee in the amount provided for appeals of land use decisions, as described in RMC 4-1- 170A, as that provision is currently worded and as hereafter amended. All appeal fees must be received by the City Clerk before the end of the business day on the last day of the filing period or the filing will be considered incomplete and will be rejected. 3. Facsimile Filing: The required Notice of Appeal may be filed by facsimile. However, such facsimile filing, in its entirety, must be • 25 ORDINANCE NO. ,,tior received by the City Clerk's office no later than five o'clock (5:00) p.m., on the last date for filing. The filing party bears the burden to ensure that the facsimile filing is transmitted in adequate time so that it will be received, in its entirety, by the City before five o'clock (5:00) p.m. The appeal fee must be received by the City Clerk's office as required by RMC 10-13-11B 2, above. C. Referral to and Authority of Hearing Examiner 1. The appeal will be referred to the Hearing Examiner of the City (hereinafter referred to as "Examiner"). 2. The Examiner shall have all the authority of the office from which the appeal is taken. 3. The Examiner shall have the authority to schedule a hearing, and shall have the duty to notify the Employer/Appellant and the Administrator of the hearing 'goy date, time, and location. 4. The Examiner shall have the authority to order or accept submissions by the Employer/Appellant and the Administrator and hear argument by those • participants. D. Record on Appeal: 1. The Record on Appeal shall consist of the materials submitted to the Administrator, the City's CTR Plan, the notice sent to the Employer/Appellant by the Administrator, and the Notice of Appeal. 2. No new or additional evidence or testimony will be accepted by the Examiner unless a showing is made by the party offering the evidence that the evidence could not reasonably have been available at the time of the submissions err' to the Administrator. If the Examiner determines that additional evidence is 26 ORDINANCE NO. required, the Examiner shall remand the matter to the Administrator with directions to the Employer/Appellant to submit the new information to the Administrator for a new determination. 3. The Employer/Appellant, as well as the Administrator, may submit written arguments based on the record. However, no new evidence will be permitted in these submissions, except as provided above. New evidence submitted that is not in compliance with RMC 10-13-11D2, above, shall be removed from the submissions. These submissions shall become part of the record on appeal. E. Burden of Proof and Decision: 1. The burden rests with the Employer/Appellant to show by clear, cogent, and convincing evidence that the decision being appealed is not consistent with the State law. 2. The decision of the Administrator shall carry substantial weight in any appeal proceeding. 3. The Examiner shall render a written decision within ten (10) days of the adjournment of the hearing, unless, before the hearing is adjourned he asks the parties for extra time, which shall be a time certain. 4. The Examiner's decision will be final. SECTION XII. Section 10-13-13, Enforcement and Penalties, of Chapter 13, Commute Trip Reduction, of Title X (Traffic), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby deleted. SECTION XIII. Section 10-13-15, Severability, of Chapter 13, Commute Trip Reduction, of Title X (Traffic), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby renumbered to Section 10-13-12. 27 ORDINANCE NO. SECTION XIV. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: lou"' Lawrence J. Warren, City Attorney - Date of Publication: ORD.1451:3/l 3/08:scr • 28 Washington Stale Commute Trip Reduction G Fy '�=u COMMUTE TRIP REDUCTION PLAN �'NT� 4:4'P/7:: �6� t,� Bit ��4 _ " QR y3Y A f 3 ` fir' -k, e. Midday traffic on 1405 at North 30 Street overpass Agency: City of Renton Date: October 16, 2008 TABLE OF CONTENTS TABLE OF CONTENTS INTRODUCTION 1 I. ASSESSMENT OF THE LAND USE AND TRANSPORTATION CONTEXT 3 II. AND III. BASELINE,GOALS AND TARGETS 17 IV. DESCRIPTION OF PLANNED LOCAL SERVICES AND STRATEGIES FOR ACHIEVING THE GOALS AND TARGETS 20 V: REQUIREMENTS FOR MAJOR EMPLOYERS 26 VI. DOCUMENTATION OF CONSULTATION 28 VII. A SUSTAINABLE FINANCIAL PLAN 30 VIII. IMPLEMENTATION STRUCTURE 36 IX. APPENDIX 39 Nov "Ilaw✓ • INTRODUCTION COMMUTE TRIP REDUCTION (CTR) PLAN The City of Renton, in accordance with State law, is required to have a Commute Trip Reduction (CTR) Law. The CTR Law was adopted in the early 1990s to reduce traffic congestion and improve air quality. The CTR Law requires employers with 100 or more permanent, year-round employees who arrive at work on weekdays between the hours of six and nine in the morning, to have transportation programs for their employees supporting alternatives to driving alone. The CTR Law requires CTR-affected employers to: designate an employee transportation coordinator (a person who helps educate employees about commute options), submit a CTR program report regularly and, every two years,the employers must survey their employees on their commute choices. The Washington State Legislature passed the CTR Efficiency Act in 2006 requiring local governments in counties experiencing the greatest vehicle-generated air pollution and traffic congestion to develop and implement CTR plans to reduce drive-alone commute trips. The City of Renton CTR plan has been prepared in accordance with RCW 70.94.521. erM f":'1*icT74 ' sad H £, View of traffic on 1405 The City of Renton CTR Plan compiles adopted goals and policies, accounts for facilities, services, and strategies aimed at reducing drive-alone commute trips and vehicle miles traveled. The CTR Plan documents roles of partners involved in implementing and supporting the CTR Law within Renton and also provides a financial outline detailing how this program will be funded. Building upon the success of the existing CTR program,the City of Renton strives to meet the goals of the plan by working in partnership and coordination with others. The City of Renton CTR Plan has been developed through involvement with employers, transit agencies, and other jurisdictions within King County and in the Puget Sound Region. This plan supports the City of Renton vision (Appendix I) and the vision (Appendix II) and goals(Appendix Ill)of the City of Renton Comprehensive Plan. Note: The final version of the Renton CTR Plan varies only slightly from the 5/11/07 version reviewed and approved by the regional government(PSRC) and State CTR Board. Principally, text has been revised to take into account changing conditions (such as the failure of the RTID/ST2 vote or status of a King County events center in North Renton) or suggestions from the PSRC and/or State CTR Board reviews (such as the revision of the baseline year changing from 2005 survey data to 2007 survey data). Commute Top Reduction Plan Template Page 1 INTRODUCTION Agency: City of Renton Department: Public Works—Transportation Systems Division Contact Person Nathan A. Jones, Transportation Planner (Person Preparing CTR Plan): Address 1: 1055 South Grady Way Address 2: Renton City Hall—5th floor Jurisdiction: City of Renton State: Washington Zip Code: 98057 Phone#: 425.430.7217 Fax#: 425.430.7376 Email Address: njones@ci.renton.wa.us love Nome Commute Top Reduction Plan Template Page 2 CITY OF RENTON COUNCIL AGENDA BILL AI #: C • -(\. Submitting Data: For Agenda of: November 10, 2008 Dept/Div/Board.. Public Works Department Utility Systems Division Staff Contact Abdoul Gafour (ext. 7210) Agenda Status Consent X Subject: Public Hearing.. Utility Relocation Agreement with Bilfinger/Tri State Correspondence.. Joint Venture for Protection and Relocation of City's Ordinance Water Lines in SR-167 and I-405 Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Utility Relocation Agreement Information Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept X Fiscal Impact: Expenditure Required... $200,500.00 Transfer/Amendment Amount Budgeted $232,000.00 Revenue Generated Account#425/U55590 Total Project Budget $232,000.00 City Share Total Project 100% SUMMARY OF ACTION: The Water Utility needs to enter into a Utility Relocation Agreement with Bilfinger/Tri State Joint Venture (BTJV), in the amount of$200,500.00, for the construction of necessary measures to protect an existing 16-inch City water line in SR-167 and to relocate a 12-inch water line in I-405, in conjunction with WSDOT's I-405 Stage 1 Widening project. As required by the utility franchise permits granted by WSDOT for the installation of City water lines within state-owned rights-of-way, the Water Utility is responsible for all costs related to the protection and relocation of the water lines if they are in conflict with highway improvements. In order for the City to meet WSDOT's construction schedule, Council approved both the design and construction contracts for the protection of the City's water line using BTJV as sole-source provider on May 5, 2008, as allowed under City Policy 250-02, Bidding and Contracting Requirements. • The Water Utility has budgeted sufficient funding in the 2008 Water Utility capital improvement projects to cover the cost of the work for the relocation of City water lines related to the I-405 Stage 1 project. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to approve and execute the Utility Relocation Agreement with Bilfinger/Tri State Joint Venture, in the amount of$200,500.00, for the construction of the protection and the relocation of existing City water lines in SR-167 and in I-405. H:\File Sys\WTR-Drinking Water Utility\WTR-27-Water Project Files\WTR-27-Transportation Projects(TIP)\I-405-Stage 1-1-5 to SR- 169\Correspondence with Design Builder BTJV\Agenda-bill-utility-relocation-agreement-102208.doc\AGtp �ti`SY � PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: October 27, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: \L Denis Law, Mayor FROM: GfD�Gregg ZimmermaAinistrator STAFF CONTACT: Abdoul Gafour, Water Utility Engineering Supervisor(ext. 7210) SUBJECT: Utility Relocation Agreement with Bilfinger/Tri State Joint Venture for Protection and Relocation of City's Water Lines in SR-167 and I-405 ISSUE: Should the City Council authorize the Mayor and City Clerk to approve and execute the Utility Relocation Agreement with Bilfinger/Tri State Joint Venture, in the amount of Nrime $200,500.00, for the construction of pipe protection measures for an existing 16-inch City water line in SR-167 and for the relocation of an existing City 12-inch water line in 1-405? RECOMMENDATION: Authorize the Mayor and City Clerk to approve and execute the Utility Relocation Agreement with Bilfinger/Tri State Joint Venture for the protection and relocation of existing City water lines in SR-167 and in 1-405, in the amount of$200,500.00. BACKGROUND SUMMARY: WSDOT is currently constructing the improvements to I-405/I-5 to SR-169 Stage 1 Widening project, which includes the widening of I-405 and SR-167. WSDOT selected Bilfinger/Tri State Joint Venture (BTJV) as the design-builder for the design and construction of the highway improvements. The City has existing 16-inch and 12-inch transmission water lines within state-owned rights-of-way that are impacted by the improvements for the widening of SR-167 and I-405. For the widening of SR-167, a new retaining wall and large amount of fill materials will be constructed over the water line that can cause it to settle and break. For the widening of I-405, a new 54-inch storm drain will be installed and it is in direct grade conflict with the existing 12-inch City water line. fir✓ CounciliBTJV Utility Relocation Agreement October 27,2008 Page 2of2 Since both City water lines were installed within state-owned rights-of-way and are subject to conditions of utility franchise permits granted by WSDOT, the City has legal obligation, at its own cost, to remove, relocate or protect its water lines, when the water lines are in conflict with highway improvements by WSDOT. Through competitive bids for highway construction contracts in accordance to state law RCW 47.20.785, WSDOT selected and awarded the design-build contract for the I-405 Stage 1 project to Bilfinger/Tri State Joint Venture (BTJV). WSDOT has assigned and delegated its rights under the franchise permits to BTJV regarding the City's responsibility to remove, relocate or protect the water lines for the 1-405 project. BTJV has asked the City to construct the necessary improvements to protect and relocate its water lines that are impacted by the widening of I-405 and SR-167. In order for the City to complete the construction for the protection and relocation of the water lines without significantly delaying the I-405 Stage 1 project construction schedule, Council approved both the design and construction contracts for the protection of the City's water line using BTJV as sole-source provider on May 5, 2008, as allowed under City Policy 250-02, Bidding and Contracting Requirements. The Water Utility cannot meet WSDOT's project schedule, if it were to select a consultant through the annual roster and advertise the construction contract for competitive bids. The Utility Relocation Agreement with BTJV, in the amount of$200,500.00, is needed for the construction of necessary measures to protect the City water line in SR-167 near SW 1 9th Street. Under the agreement, BTJV will install a reinforced concrete slab supported by auger cast concrete piles over the 16-inch water line to protect it from settlement. BTJV will also lower the existing 12-inch water line in 1-405 near Raymond Avenue SW to accommodate the installation of a new 54-inch storm drain for the 1-405 widening project. BTJV will provide all required traffic control, erosion control, dewatering, and site restoration. The Water Utility has budgeted sufficient funding in the 2008 Water Utility capital improvement projects to cover the cost of the work for the relocation of City water lines related to the 1-405 Stage I project. The available budget for the I-405 Utility Relocation is $232,000.00 (account # 425/U55590). CONCLUSION: Council's approval of the Utility Relocation Agreement with BTJV is needed in order for BTJV to proceed with the construction of necessary improvements to protect and relocate existing City water lines which are impacted by the improvements to I-405 Stage 1 Widening project by WSDOT. cc: Lys Hornsby, Utility Systems Director File H:\Pile Sys\W"IR-Drinking Water Utility\WTR-27-Water Project Files\WTR-27-Transportation Projects(TIP)\l- 405-Stage 1-I-5 to SR-l69\Correspondence with Design Builder BEIV\issue-paper-construction-contract- 102208.doc\AGtp BILFINGER / TRI-STATE JOINT VENTURE 1-405, 1-5 TO SR169 STAGE 1 — WIDENING DESIGN BUILD PROJECT Nemo, UTILITY RELOCATION AGREEMENT Organization and Address FOR CATEGORY # 1 UTILITY CITY OF RENTON CITY COST RESPONSIBLE 1055 S. Grady Way Renton,WA 98057 Agreement No: Section/Location: SR-167 Crossing Station 10982+75 MP 25.94 and SR-405 Crossing Sta 1162+15 MP 1.87 State Route No: Region: State Route 167 (SR-167) N W Region State Route 405 (SR-405) THIS AGREEMENT, made and entered into this day, of , 2008, between the CITY OF RENTON (hereinafter the"CITY"), and BILFINGER I TRI-STATE JOINT VENTURE (hereinafter the"BUILDER"), a Joint Venture Design/Builder for the STATE OF WASHINGTON, Department of Transportation, hereinafter the"STATE"; RECITALS: WHEREAS, the STATE has awarded the Agreement for the 1-405, 15 TO SR 169 STAGE 1 WIDENING DESIGN BUILD PROJECT to the BUILDER, as shown above, WHEREAS, the BUILDER is constructing the improvements of the state route shown above, and in connection therewith it is necessary to remove, protect-in-place, and/or relocate or construct certain WHEREAS facilities as set forth in the attached plans, and WHEREAS, the CITY owns, operates and maintains an existing 16-inch diameter ductile iron water main in a 26-inch diameter steel casing located within STATE-owned right-of-way and crossing under State Route 167 at approximate Milepost 25.94, pursuant to a CITY Permit No. Kent 3896, granted from the STATE to the CITY on December 15, 1977, WHEREAS, the CITY also owns, operates and maintains an existing 12-inch diameter ductile iron water main in a 24-inch diameter steel casing located within STATE-owned right-of-way and crossing under State Route 405 at approximate Milepost 1.87, pursuant to a CITY Permit No. 10813, granted from the STATE to the CITY on July 18, 1984, WHEREAS, the CITY is obligated to relocate its facilities at its own cost or to reimburse the STATE for any relocation costs required for that portion of CITY water mains located on STATE-owned rights of ways pursuant to the above referenced CITY Permits No. Kent 3896 and No. 10813, WHEREAS, the STATE has assigned, transferred and delegated unto the BUILDER, certain STATE rights and obligations under the above Permits/Franchises, between the STATE and the CITY, in and for the consideration of the orderly, efficient and effective relocation of CITY facilities located within the above state highway rights of ways in support of the highway improvements construction project, H:\File Sys\WTR-Drinking Water Utility\WTR-27-Water Project Files\WTR-27-Transportation Projects(TIP)\I-405-Stage 1-1-5 to SR-169\Correspondence with Design Builder BTJV\Draft Utility Relocation Agreement-rev071608.doc\AG WHEREAS, the CITY has determined that in order to meet the STATE and the BUILDER 's project schedule and to avoid significant delay to the STATE's project, it is necessary for the CITY to enter into this Agreement with the BUILDER, as a sole source provider, to construct the necessary improvements for the protection of the CITY water main impacted by the construction of the STATE's project, WHEREAS, the BUILDER has represented and by entering into this Agreement now represents, that it is in full compliance with the statutes of the State of Washington for registration for BUILDERS, has a current valid corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State and that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on staff readily available to the BUILDER to perform the work under this Agreement, WHEREAS, the BUILDER shall always comply with all Federal, State, tribal or local laws, ordinances, regulations and Governmental approvals that affect the Work under BUILDER'S contract, WHEREAS, the BUILDER has indicated that it desires to do the work set forth in the Agreement upon the terms and conditions set forth below. NOW,THEREFORE, in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: 1. GENERAL Federal-aid Policy Guide-23 CFR 645A, Subpart A, and amendments thereto, determine and establish the definitions and applicable standards for this AGREEMENT and payment hereunder, and by this reference are incorporated hereby and made a part of this AGREEMENT for all intents and purposes as if *11.00 fully set forth herein. The BUILDER and the CITY shall jointly determine who shall furnish the labor for preliminary engineering, required to protect-in-place the CITY's water mains, in accordance with and described in the Scope of Work, Exhibit"A"attached hereto, and by this reference made a part of this AGREEMENT. 2. TIME OF BEGINNING AND COMPLETION The work detailed in the Scope of Work will be performed according to the Time Schedule of Completion attached hereto. It is agreed that all the BUILDER's services are to be completed and all products shall be delivered by the BUILDER unless there are delays due to factors that are beyond the control of the Consultant. The BUILDER shall not begin work under the terms of this Agreement until authorized in writing by the CITY. If, after receiving Notice to Proceed, the BUILDER is delayed in the performance of its services by factors that are beyond its control, the BUILDER shall notify the CITY of the delay and shall prepare a revised estimate of the time and cost needed to complete the Project and submit the revision to the CITY for its approval. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise herein. Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion of the work may be considered a cause for renegotiation or termination of this Agreement by the other party. 3. PAYMENT An itemized estimate of cost for work to be performed by the BUILDER at the CITY's expense marked Exhibit"B" is attached hereto and by this reference made a part of this AGREEMENT. Partial payments may be made upon request of the BUILDER to cover costs incurred, and are not to be more frequent than one (1)per month. It is agreed that payment of any partial claim will not constitute H:\File Sys\WTR-Drinking Water Utility\WTR-27-Water Project Files\WTR-27-Transportation Projects(TIP)\I-405-Stage 1-1-5 to SR-169\Correspondence with Design Builder BTJV\Draft Utility Relocation Agreement-rev071608.doc\AG agreement as to the appropriateness of any item and that at the time of final audit; all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the BUILDER, the BUILDER agrees to refund such overpayment to the CITY. *oar During the progress of the construction and for a period not less than three (3)years from the date of final payment to the BUILDER, the records and accounts pertaining to the construction of the project and accounting therefore are to be kept available for inspection and audit by the BUILDER, State of Washington and/or Federal Government and copies of all records, accounts, documents, or other data pertaining to the project will be furnished upon request. If any litigation, claim, or audit is commenced, the records and accounts along with supplying documentation shall be retained until all litigation, claim, or audit finding has been resolved even though such litigation, claim, or audit continues past the 3-year retention period. Upon satisfactory completion of the work, BUILDER shall submit a final billing to the CITY within 90 calendar days following completion of the work involved. The CITY agrees to make payment for the work to be satisfactorily completed by the BUILDER within thirty(30) days from receipt of billing from the BUILDER. 4. AUTHORITY TO BEGIN WORK AND SCHEDULE OF WORK The BUILDER agrees not to commence work until receipt of notice to begin work in writing by the CITY and that reimbursement will be limited to those costs incurred subsequent to the date of notification. 5. EXTRA WORK In the event it is determined that any change from the description of the work contained in this AGREEMENT is required, approval must be secured from the CITY prior to the beginning of such work. Reimbursement for increased work and or change in the description of the work shall be limited to costs err covered by written modifications, change order, or extra work approved by the CITY. 6. INSPECTION AND ACCEPTANCE Both BUILDER and/or CITY's construction operations, as provided under this AGREEMENT, shall be subject to inspection by the BUILDER and/or CITY.Any costs for such inspection will be borne solely by the inspecting party. For any Relocation Work assigned to the BUILDER, final acceptance of work shall be by payment of the final and complete itemized billing certifying that all the work has been satisfactorily completed. Nothing in either inspection or acceptance of BUILDER's work shall reduce the BUILDER's responsibility for any assigned Relocation Work. The BUILDER shall retain all rights and responsibility for oversight of Maintenance of Traffic, Environmental Compliance, and Safety. 7. SALVAGE In the event BUILDER is assigned Relocation Work, all materials removed by the BUILDER shall be reclaimed or disposed of by the BUILDER and shall become the property of the BUILDER. If the CITY desires to retain these materials, and the BUILDER concurs, the CITY shall reimburse the BUILDER an amount not less than that required by the Federal-aid Policy Guide -23 CFR 645A. Subpart A. 8. COMPLIANCE The CITY agrees to comply with all applicable requirements of the BUILDER which shall be in accordance Niue with the Utilities Accommodation Policy, Chapter 468-34 WAC, and amendments thereto, and said policy H:\File Sys\WTR-Drinking Water Utility\WTR-27-Water Project Files\WTR-27-Transportation Projects(TIP)\I-405-Stage 1-1-5 to SR-169\Correspondence with Design Builder BTJV\Draft Utility Relocation Agreement-rev071608.doc\AG and amendments are hereby incorporated in and made a part of this AGREEMENT for all intents and purposes as if fully set forth herein. 9. RIGHT OF ENTRY The CITY hereby grants and conveys to the BUILDER the right of entry upon all land which the CITY has interest, within the right-of-way of the highway,for the purpose of improving and/or constructing said highway. The BUILDER hereby grants and conveys to the CITY the right of entry upon all land which the BUILDER has control, within or adjacent to the Project Right of Way, for the purpose of performing any relocation Work. 10. EASEMENT, PERMIT, FRANCHISE, and ONGOING MAINTENANCE Simultaneously with preparation of the Relocation Agreement for each Franchise/Permit CITY, the CITY shall prepare a corresponding application for a new or amended franchise or permit. The CITY shall submit said application to WSDOT no later than ten (10)days after the completion of the relocation of the CITY. Upon completion of the work outlined herein, all future operation and maintenance of the CITY'S facilities shall be at the sole cost of the CITY and without expense to the BUILDER or WSDOT. The STATE will issue the CITY an easement, permit, or franchise, as provided in Exhibit"A", for those CITY facilities which remain on or cross the STATE's right-of-way following completion of the work outlined herein. 11. LEGAL RELATIONS The BUILDER shall indemnify and hold harmless the CITY and its agents, employees, and/or officers from and shall process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, both to persons and property, or costs, of whatsoever kind or nature, brought against the CITY arising out of, in connection with, or incident to the execution of this AGREEMENT and/or the BUILDER's performance under or failure to perform any aspect of this AGREEMENT. Provided, however, that if such claims are caused by or result from the concurrent actions of the CITY, its employees, agents, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the CITY; and provided further, that nothing herein shall require the BUILDER to hold harmless or defend the CITY, its agents, employees, and/or officers from any claims arising from the sole negligence of the CITY, its agents, employees, and/or officers. Nothing herein shall require the BUILDER to indemnify the City against and hold harmless the City, from claims, demands or suits based solely upon the conduct of the City, its officers or employees and provided further that if claims or suits are caused by or result from the concurrent negligence of(a)the BUILDER's agents or employees and (b) the City, its agents, officers and employees, and involves those actions covered by RCW 4.24.115, this indemnity provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the BUILDER's negligence or the negligence of the BUILDER's agents or employees. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the BUILDER and the city, its officers, officials, employees and volunteers, the BUILDER's liability hereunder shall be only to the extent of the BUILDER's negligence. It is further specifically and expressly understood that the indemnification provided herein constitute the BUILDER's waiver of immunity under the Industrial Insurance Act, Title 51 RCW, solely for the purposes of this indemnification. `rrd H:\File Sys\WTR-Drinking Water Utility\WTR-27-Water Project Files\WTR-27-Transportation Projects(TIP)\I-405-Stage 1-1-5 to SR-169\Correspondence with Design Builder BTJV\Draft Utility Relocation Agreement-rev071608.doc\AG This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this agreement. rrr► The BUILDER agrees to name the City as an additional insured on a noncontributory primary basis. In the event the City shall, without fault on its part, be made a party to any litigation commenced by or against BUILDER, then BUILDER shall proceed and hold the City harmless and he shall pay all costs, expenses and reasonable attorney's fees incurred or paid by the City in connection with such litigation. Furthermore, BUILDER agrees to pay all costs, expenses and reasonable attorney's fees that may be incurred or paid by City in the enforcement of any of the covenants, provisions and agreements hereunder. The BUILDER shall furnish a surety bond or bonds as security for the faithful performance of the Agreement, including the payment of all persons and firms performing labor on the construction project under this Agreement or furnishing materials in connection with this Agreement; said bond to be in the full amount of the Agreement price as specified in Section 3 on payment of this Agreement and in attached Exhibit B Estimate of Cost. The surety or sureties on such bond or bonds must be duly licensed as a surety in the State of Washington. IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT as of the day and year first above written. CITY OF RENTON BILFINGER/TRI STATE JOINT VENTURE By: By: Nigo- Print: Denis Law Print: Title: Mayor Title: Date: Date: Attest: Bonnie I Walton, City Clerk losiov H:\File Sys\WTR-Drinking Water Utility\WTR-27-Water Project Files\WTR-27-Transportation Projects(TIP)\I-405-Stage 1-1-5 to SR-169\Correspondence with Design Builder BTJV\Draft Utility Relocation Agreement-rev071608.doc\AG Exhibit"A" SCOPE OF WORK Work to be performed by the BUILDER Construction Provide all labor, equipment and materials for the complete construction of: 1. Pipe protection measures for an existing 16-inch City of Renton water line located Sta. 10982+72 in SR 167, near SW 19th Street, in conjunction with 1-405/1-5 to SR-169 Stage 1-Widening for WSDOT. Work shall be performed accordance to the plans and specifications for Pipe Protection at Sta 10982+72 prepared by David Evans &Associates, dated June 12,2008 and to the shoring design plans and specifications prepared by Civil Tech Engineering, dated June 23, 2008. 2. Relocating and lowering about 25 feet of existing 12-inch City water line crossing within 1-405 right-of- way, approximate Milepost 1.87, and Raymond Avenue SW,with vertical bends, concrete blocking, and controlled-density backfill. Work shall be performed accordance to the plans and specifications prepared by the City of Renton dated June 23, 2008 Work to be performed by the CITY Review of design plans, specifications, calculations performed by the BUILDER. All CITY's review costs will be borne solely by the CITY. void Accounting The CITY shall be 100% responsible for the direct and related indirect cost for the construction of the protection of the CITY's water line. An itemized estimated of cost for work and scope of work to be performed by the BUILDER is shown in Exhibit"B". TIME FOR COMPLETION The BUILDER shall complete the above work within 30 working days from the issuance of the notice to proceed from the CITY. All work shall be completed by November 30, 2008. H:\File Sys\WTR-Drinking Water Utility\WTR-27-Water Project Files\WTR-27-Transportation Projects(TIP)\I-405-Stage 1-1-5 to SR-169\Correspondence with Design Builder BTJV\Draft Utility Relocation Agreement-rev071608.doc\AG Exhibit"B" Estimate of Cost .rr° Protection of 16-inch water line in SR 167 Provide break in limited access $ 2,200.00 Provide traffic control services $ 5,000.00 Construction staging pad for auger cast piles $ 11,000.00 Excavate and prepare for piles $ 8,300.00 Construction dewatering (force account) $ 10,000.00 Install timber pile transition zone $ 7,000.00 Install auger cats piles $ 78,000.00 Form/pour/strip and set protective slab $ 15,000.00 Remove construction entrance and restore site $ 15,000.00 Provide work plans and QA/QC $ 9,000.00 Total for work in SR 167 $160,500.00 Relocation of 12-inch water line in 1-405 Excavate and cut existing casing $ 10,200.00 Install bends, DI pipe, form &pour blocks $ 10,700.00 Strip forms and place CDF backfill $ 19,100.00 Total for work in SR 405 $ 40,000.00 Total for work in SR 167 and in SR 405 $200,500.00 *ow H:\File Sys\WTR-Drinking Water Utility\WTR-27-Water Project Files\WTR-27-Transportation Projects(TIP)\I-405-Stage 1-1-5 to SR-169\Correspondence with Design Builder BTJV\Draft Utility Relocation Agreement-rev071608.doc\AG Supplemental Information for"Exhibit B" - Estimate of Cost --------------- - ' /�EXISTING 16" DATE: a / WATE0.LINE 2'.6'_ / 2'.6• 24 0. f TRANSITION ZONE ---~ r5'. 'y I n^ ^- TRANSITION ZONE ? 84 HOOPS ISSUED FOR CONSTRUCTION -I CLEARANCE Ji--1 B 6'0 C.• 1 - 1 e; 11 4ENEAAL�L4IE5 —__— __.__ - -, /I�1 CONCRETE BLOCKOUT '%RU1G c-.12"DIA. ALL MATERIAL AND WORKMANSHIP SHALL CONFORM TO TILE STANDARD SPECIFICATIONS FOR YI3 I I X� SEE WELD PLATE DETAILS J / AUGER CONSTRUCTION OF THE WASHINOTION DEPARTMENT OF TRANSPORTATION, II THIS SHEET \ 4" CAST FILE I 1 I PRECAST SUB DESIGNED FOR HS26 LOADING. I b'_ - :__ 14:_ i"--_+T,_ Ij0'.. _f,_L , ---_ir .._7r___(4___1d__ 11 11' .8 A:1 PSEL_Eigi- (C ,O O 0 0 0 O Opt i 1 '4) 0 O O O O O 0- o rte. _ CONCRETE MEMBERS DESIGNED BY LOAD FACTOR DESIGN METHOD. J W _ OS U I ' : T'.0' i §i 1 ALL REINFORCING STEEL SHALL CONFORM TO ASTM SPECIFICATION A616,GRADE S0 OR 4706 MIE FOLLOWING SPLICE LENGTHS SHALL BE USED UNLESS SHOWN OTHERWISE). 'PO H r ,y , - O O G 0 O 0 > O G J 0 0 0 0 O— G V _ w Il • yGr VERTS. Bar Slap /3 4 I6 86 YT ID YB I10 I11 414 6 116 j O f O o 0 O O 0 OF T\ T-,K �.' 0 0 0 0 0 O 0 O • CONTRACTOR MAY USE SPIRALS IN LIEU OF Un[DalM SpII Unp[N1 1'A" i'.6' i'•6• 2'D' 1'6" 76" AJ" 6'.7" 6'.9' N 1 n� "- \- ----"- -------"- ' 'K'.' l .. __� MOORS.PROVIDE u SPIRALS WITH l'PITON. \\ CJ-/ �I \ ALL RATS SHALL BE PLACED 2"CLEAR OF THE NEAREST FACE OF CONCRETE UNLESS SHOWN OTHERWISE �L� - -SLAB TO PRE CONNECTION AUGER CAST PILE SECTION CONCRETE IN SLABS AND AUGER CAST PILES SHALL BE CLASS DBSD-1'I.'OR 4,• 1V DIA EMBEDDED TIMBERS - _ ' 16 REBAR TOTAL e 2 THREADED RODS AT CJ LOCATIONS) -LINE OF MSE WALL ABOVESEE DETAIL BELOW SCALE:1" = 1'-0" PROVIDE ID DIA.TREATED ROUND EMBEDDED TIMBERS IN TRANSITION ZONES,PACIFIC COAST \\ [TOTES EXISTING-'• }---:'•.'•'' --I '1.-.•. DOUGLAS-FIR N1TM MATERIAL PROPERTIES AS DELINEATED IN ASTM 5 1160.66a 26"DIA. ,6A"I I �"T.—AUGER CAST PILES(TYPICAL) ANCHOR RODS SHALL CONFORM TO ASTM FIRM.GRADE 36 WITH MINIMUM EMBEDMENT AS NOTED I THE AUGER CAST PILES SHOULD BE INSTALLED CASING T.T. ON PLANS PRIOR TO INSTALLING THE TIMBER PILE TRANSITION ZONES ANCHOR ROD WASHERS SHALL CONFORM TO ASTM F425. 2.TRANSITION ZONES SHOULD BEGIN A MAXIMUM EXISTING— ANCHOR ROD NUTS SHALL CONFORM TO ASTM A666 GRADE OH. I DISTANCE OF 2.S FEET FROM THE EDGE OF THE CURB __ ,_ NUT 6 WASHER 1 PROTECTION SLAG TO THE CENTER OF THE FIRST I ' ,—PL 4864114 EMBEDDED TIMBER. E0.3T VALLEY ROAD 4"810"x4'°LOCKOUT I PL 66101114 3 THE AUGER CAST PILE TIP ELEVATION SHOULD � I NI EACH PC SLAB -\ IFL 63104116 //-7- EXTEND BELOW ELEVATION•17 FEET. F-1 SOLID GROUT VOID / '.• AFTER WELDING I' �'e REFERENCE SHEET RWp6 FOR ELEVATION DATUM I , 1' EXISTING- ( CONNECTIONS. 1 I TYR,j--:.-- 4.CASING PIPE SIIALL BE 12"016 STEEL PIPE THRUST �.-� •' '"-WCLO 4 12 REBAR 2n6 v 3116 �n,P CONFORMING TO THE REQUIREMENTS OF BLOCK 1 i`,•', WELDABLE : )Jr-1( ' ASTM-A2S2(GRADE 2)AND HAVE MINIMUM - (/ 3116')I THICKNESS OF'R-. +I_—_T_� • /'/ S.GROUT SHALL BE A PREPACKAGED GROOUT PEA ` d I (21-14*12"REOAR MANUFACTURER'S SPECIFICATIONS.CONTRACTOR i PROVIDE PERMANENT CASING WELDABLE MAV ELECT TO PLACE GROUT PRODUCED USING WATERLINE PROTECTION PLAN VIEW i.' 'Jr,.I- FILL SOL WITH GROUT. AT TOP OF PILE AS REQUIRED '.~I TYPE IOR II PORTLAND CEMENT,FINE AGGREGATE / _ = CUSS IOR CUSS II,AND WATER,IN ACCORDANCE SCALE:118"= 1'-0" WTI,THE WLDOT STANDARD SPECIFICATIONS 2006. % /1.""•DIA.x 36`THREADED ROD WELD PLATE PLAN GROUT SHALL MEET THE FOLLOWING REQUIREMENTS: AUGER CAST— EXTENDED BETWEEN SLABS REQUIREMENT: COMPRESSIVE STRENGTH PILE TEST METHOD: PASHTO TEST METHOD T10G SCALE:112"= 1'-0" VALUES. 4000 PSI AT 7 DAYS �� ? i'-D" '----- i--MSE WALL 40E0 a'-s• —y WELD PLATE DETAIL - MIN, -_ �_�'— / SEE RW01 FOR DETAILS E SCALE:112..= 1,_0„ --/-- — -- -r a�=:..,,..,-„,;>. EXISTING 15" PRECAST SUB 4'-10" WATER LINE 4,-YO., DRILL 4'HOLE PRECAST SLAB MF -_:.a.;.:.ro.- ON PILES THROUGH SLAB\ I REINFORCING NOT EXISTING/FINISHED—' J t'J BOTTCM_EC WALL CLW 00 YG —� 1�I (REINFORCING FOR CURITYI GROUND VI' SPECIAL SORROW TYPE A 1Y'S O. 9 s +a rirr-'r..- fis.-:�v -• —�Dv 4F PRECAST T,o.. GROUT SOLJO AFTER PLACEMENT I '-PRECAST SLAB 1�P OJ_-S�AE_� EXTEND RE°AR INTO PC SUB 'a =1-"T-- EL 1T.60'• \ ifil $ '- J AND GROUT ROD IN --- ON PILES • �/ Y- ��---- 1 I —T I -II .1/ \ Id!y •Ill -._.- n.. I • j WATER CLEARANCE p ti'OC / I ]" ? PROVIDE PERMANENT CASINGAT D FILL ABOVE PIPE WITH SAND _ 1/2'ULA.a 06"REBAN.--------- a FILL TOPOF WITH GROW PILE AS QUIRE _ _ 1-_ - -,__ -- I _ SCE SUB TO PILE I I.IV S . _ /r__ , s.,,' ',,/1___ 6' CONNECTION DETAIL 2-.0.. 2'-p" �-,^' Imo. -- - - F-^ 11 ��-AUGER CAST PILES(TYPI AUGER CAST // L_____2_23 `T.P "1 CLEARANCE.TYP PILE '' I+'DIA.x 36"REBAR AVGER CAST - END REBAR 1'BELOW Sfi•DIA STEEL CASING PILES,TYP TOP OF PC CUB EL 12.06(APPROX.) I •COIITRACTOP TO VERIFY TOP_, 'I-`'—EXISTING`16"OIA.WATER LINE FIELU VA AT ---- OF SUB ELEVATION IN FIELD TO IN 2B"STEEL CASINGtI-f MAINTAIN 4"MIN,AIR VOID BETWEEN SUB AND WATERLINE SLAB TO PILE CONNECTION DETAIL WATERLINE PROTECTION ELEVATION WATERLINE PROTECTION TYPICAL SECTION SCALE:112" = 1'-0" N.T.S. N.T.S. SR167 DESIGN PACKAGE 5 --- -_ _ ___ ----Piot 10 FILE NAME C VAR HOPlD1PclWa_ATETJV00021cm[011841BTJV0002 OERWA 025.810^ ,v:•- y�NIfaS1AT[ �a'w"p"" 4Tse` -� 11:3522 aAi "^ FED.AIO PROJ.NO. .<`- `•dt%� -M-��'•�''� 1-405 '�_�� ' TRW D DATE e12ia00a_-----__ - -_ --- j 'c,« �j Corridor Program __. _. - - -- -----. Q 15 T SR169 s PLOTTED BY RN ____ 1 A Y O 7 DESIGNEO Br A.KUSCHELL - -'""" - ,/ p7 STAGE 1 •WIDENING °'•" ENTERED BY J.HAMMOND '4:,,,-.'"-'-',,,i,t' OILFIND[AIBESCen - _ CHECKED BV P,BOULTINGHOUSt "w"` '�""'"' 4•T " "� " --- -- --- ---�----�- --- PROJ.ENaR:'--"- L:HOULTONG I �� _W.t-� - DNvlQcnnv.l PIPE PROTECTION AT STA.10982+72 ,,,�, '.I REGIONAL ADM DOVE ___L_ REVISION ( DATE BYf _ - - o.. - -• _.-____ vi ,.. LNF .,e,... .r e..a.ery __ _ _ TTN\ vT OC t� .. (88/I ( ( Supplemental Information for"Exhibit B" - Estimate of Cost -> X cc ri CL 11',-...:.',,.:'::,',,,:;-,;',,,-.;,.,' a, w U w Z Z N ` OI w >+ w` w w Q L../0 m CO CD U J > w H.40.1„, 54"0 'CPEP G: 1 tY I e a�, I O -JN CL 2 F- F c, F-I 0' W {� w o w� w111 L., cz H n of ',A, ` "� a z, o •ins n in o ;,,Irn m•- �1 ; LL,1_,_ Zw I �'° 1''''::::'1'.1,A4";:-W.:;&:3-"':,'::;:: ,•f;;"211 i,r, CO O .:CV. w N w N W N t"-- •--- W O 1 pa:06=:::::,.:: :Xi''',N.,,:l%',,•::.,',Alisa Asit � �EX, 2" Dr CL 52 � IO=I�ils110,1=l='.1111= ij�—EX. 12"rDI CL-52 i-- ,;, X. .a" STL CASING 3.7' EX. 24 (STEEL CASING 3.0' 3.2' 3.2' • 3.4' ; .4 r IIIIII27.3' UNE�� jiiai 27LF 1." DI L-5. WATER ci I .,< <ar.sX,, I. ".u.. f� 1EXISTING I-4105% )--FINISHED ---- -J �_ GRADE . �. Q ¢ z / +I0 -i CC w w Q �� 25 PROPOSED rI-405 / \ u S o �,-- U 7 O N-. 25 \\ ZEN ww0� --_ --GRADE �^� w� N� ~ EXISTING II � ,b I I� -o ,r \ 0 `\\/� , •-m 0 1- N,w li 0 1 Z ,, Z-}{.- +f N 0 , 1, LL � .,Z //\// ���o F- w �n w u,-- h.-H _ rn N O 20 - v�l 1� \ /�/\% � 3 4�1 Iwo c Wo c� w:� ---- 20 • • U /\ mcs, m n• n / //\` O� w \ \\�\�i\\j O 0.I-- pw tJt • NON ` //\ \ - [, , O W \ NO II ° \\ //\ \ 15 — --- =w' - -- l� - — -- 15 w.� -2.09,'± I -- f CDP. ( 5g„¢ .CDS` 2.071 EX. 1 2" 01�CL,52 WATFiR _�■�' CPEP X. 12' Dl CL 52 WATE 10 — l . ;=--:-- .= .. f = --- 10 ..,,..C="-Eof"CAS;X94, r • III r- EX. 24 � ..., GDF. I • � .' : � -` . ' � �� '' I EX. 24" Q�� 'ti�f C.D STEEL C SING- +�I I®' STEEL CASING y 4 CU-YD CON G. • CIIF' • • 4 CU-YD CONC. AQP°FGISiC0.���12�y 5 ,THRUST BLOK �' THRUST BLOCK' S �s�ONAL CN 80 90 100 110 120 130 140 1-405-STA. 1162+15 OFFSET(FT) EXPIRES /27i____ 1 �SUIIRVE12O SCALE ZOROCALA to AND 198121 3 B on cNEn ROR s �,s9, 1-405 UTILITY RELOCATION Auc. 1, 2002 Ac H t"-5' ""_ "_" 1 ..T CITY OF RAYMOND AVENUE SW CROSSING oW„wN I` w.....•c.o _ AW .*o u�scu[ __ RENTON PLAN&PROFILE —^ CHECkED V 1 —5 IF R ONE,HCR Rud�c w AG/AIN AW SC E ACCOROINCLT eha.e� SHEET' or NO. REVISION BY DATE APPR"PRRO"T°AG - 1 1 II 1-1�lcI Idn( CITY OF RENTON, WASHINGTON Nre RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ADOPTING THE 2007 CITY OF RENTON COMMUTE REDUCTION PLAN, INCLUDING POLICIES FOR MAJOR EMPLOYERS IN RENTON, TO SATISFY THE COMMUTE TRIP REDUCTION REQUIREMENTS OF STATE LAW. WHEREAS, in 1993, the City of Renton adopted a Commute Trip Reduction Plan by Resolution No. 2951; and WHEREAS, in 1993, the City of Renton adopted a Commute Trip Reduction Ordinance, No. 4392; and WHEREAS, the city's Commute Trip Reduction Ordinance was amended in 1998 by Ordinance No. 4719; and WHEREAS, the requirements previously imposed by state law have changed; and `fie WHEREAS, amendments need to be made to the City of Renton Commute Trip Reduction Plan and the Commute Trip Reduction Ordinance; and WHEREAS, the 2007 City of Renton Commute Trip Reduction Plan is attached hereto as Exhibit A; and WHEREAS, the City of Renton will adopt contemporaneously with this Resolution amendments to the Commute Trip Reduction Ordinance, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The City Council of the City of Renton hereby adopts the 2007 City of Renton Commute Trip Reduction Plan, attached hereto as Exhibit A and incorporated by Now 1 RESOLUTION NO. this reference as if fully set forth herein. This Plan may, from time to time, be amended by *4100 resolution of the City Council. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: RES.1342:5/14/08:scr 2 fire Washington Stale Commute Trip Reduction o es ® ' COMMUTE TRIP REDUCTION PLAN �� 2 N0� xi ,�E L Y� a .x Y�+. fft .;,.,4 i f ' /'f -1 f .yam°LYn"i. i F '� t 4L, ', yam? m* h Midday traffic on 1405 at North 30 Street overpass Agency: City of Renton Date: October 16, 2008 ti APPENDIX Appendix I. 2009-2014 City of Renton Vision and Mission Statement Appendix II. City of Renton Comprehensive Plan Vision 12/10/2007 (3 pages) Appendix III. City of Renton Comprehensive Plan Transportation Element Goals 12/10/2007 Appendix IV. City of Renton Commute Trip Reduction(CTR) Affected Work Sites 10/09/08 Appendix V. City of Renton CTR Affected Work Sites and Transit Service Maps (3 pages) Appendix VI. Renton CTR Affected Work Site Photos and Information (25 pages) Appendix VII. City of Renton 2002-2022 20-year Arterial Plan (6 pages) Appendix VIII. City of Renton Non-Motorized Facilities Map 12/10/2007 Appendix IX. City of Renton High-Occupancy-Vehicle (HOV) Plan Map 12/10/2007 (1 page) Appendix X. King County Metro "Transit Now" Information(15 pages) Appendix XI. Renton Transit Plan Map 12/10/2007 Appendix XII. 2009-2014 Transportation Improvement Program (6-year TIP) Transportation Demand Management(TDM) Program Appendix XIII. City of Renton Comprehensive Land Use Map 12/10/2007 CITY OF RENTON, WASHINGTON New ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE FISCAL YEAR 2008 BUDGET BY INCREASING FUND 000 BY $50,840 FOR THE PURPOSE OF SUPPLEMENTAL FUNDING TO SUPPORT THE CITY'S EMERGENCY MANAGEMENT PROGRAM. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Appropriation in the General Governmental Fund is hereby increased as follows: Fund 2008 Original Budget 2008 Adjusted Budget Increase Budget REVENUES Revenue— 000 General Fund $35,000 50,840 $85,840 000.000000.000.3330.0083.50.000006 TOTALS $50,840 EXPENDITURES General Fund — Fire 000.000000.009.5250.0060.10.000000 $89,806 $32,000 $121,806 General Fund— Fire $4,000 $ 5,840 $9,840 000.000000.009.5250.0060.31.000000 General Fund— Fire 000.000000.009.5250.0060.35.000000 $7,000 $8,000 $15,000 General Fund— Fire 000.000000.009.5250.0060.49.000001 $1,500 $ 5,000 $6,500 TOTALS $50,840 Source of funds: Grant reimbursement to supplement Fund 000 in 2008 Budget. SECTION II. Funds for this line item are hereby added to the 2008 Budget. SECTION III. This ordinance shall become effective immediately upon its passage, approval and five (5) days after publication. Itow 1 ORDINANCE NO. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.151 l:10/28/08:scr Nmed 2 'err►' CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 13, COMMUTE TRIP REDUCTION, OF TITLE X (TRAFFIC), OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," BY INCORPORATING RECENT LEGISLATIVE AND ADMINISTRATIVE CHANGES TO THE STATE OF WASHINGTON'S COMMUTE TRIP REDUCTION PROGRAM AS REQUIRED BY RCW 70.94.527. WHEREAS, Pursuant to RCW 70.94.527 Transportation Demand Management Requirements for Counties and Cities, the City of Renton has enacted a commute trip reduction plan for major employers, and WHEREAS, The Washington Legislature has recently made legislative Nii.„ administrative changes to its requirements for the commute trip reduction plans; and WHEREAS, the City Council has duly determined after due consideration of the testimony and evidence before it that it is necessary to amend Chapter 13 of the Renton Municipal Code, the City of Renton's Commute Trip Reduction ordinance by adopting relevant sections of the recent legislative and administrative changes; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 10-13-1, Definitions, of Chapter 13, Commute Trip Reduction, of Title X (Traffic) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended by adding or revising the following definitions to read as follows: AFFECTED EMPLOYEE: A full-time employee who is scheduled to begin his Nome or her regular work day at a single worksite between six o'clock (6:00) a.m. and 1 ORDINANCE NO. nine o'clock (9:00) a.m. (inclusive) on two (2) or more weekdays for at least twelve (12) continuous months who is not an independent contractor. Seasonal agricultural employees, including seasonal employees of processors of agricultural products, are excluded from the count of affected employees. AFFECTED EMPLOYER: An employer that employs one hundred (100) or more full-time employees at a single worksite who are scheduled to begin their regular work day between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least twelve continuous months. Construction worksites, when the expected duration of the construction is less than two years, are excluded from this definition. ALTERNATIVE MODE: Commute transportation other than that in which the single-occupant motor vehicle is the dominant means of transport, including telecommuting and teleworking, if they result in reducing commute trips. ALTERNATIVE WORK SCHEDULES: Programs such as compressed work week schedules that eliminate work trips for affected employees. BASE YEAR: the twelve-month period which commences when a major employer is determined by the jurisdiction to be participating within the CTR program. The City of Renton uses this twelve-month period as the basis upon which it develops commute trip reduction goals. BASE YEAR SURVEY or BASELINE MEASUREMENT: The survey, during the base year, of employees at a major employer worksite to determine the drive- alone rate and vehicle miles traveled per employee at the worksite. The jurisdiction uses this measurement to develop commute trip reduction goals for kirld 2 ORDINANCE NO. the major employer. The baseline measurement must be implemented in a manner that meets the requirements specified by the City of Renton. CARPOOL: A motor vehicle, including a motorcycle, occupied by two to six people of at least 16 years of age traveling together for their commute trip, resulting in the reduction of a minimum of one motor vehicle commute trip. COMMUTE TRIPS: Trips made from a worker's home to a worksite (inclusive) on weekdays. CTR: Commute Trip Reduction. CTR BOARD: That board established pursuant to RCW 70.94 537. CTR PLAN: Renton's plan to regulate and administer the CTR programs of affected employers within the city, a copy of which is maintained in the City Clerk's office. tri✓ CTR PROGRAM: an employer's strategies to reduce employees' drive alone commutes and average VMT per employee. COMMUTE TRIP VEHICLE MILES TRAVELED PER EMPLOYEE: See, "VMT," below. COMPRESSED WORK WEEK: An alternative work schedule, in accordance with employer policy, that regularly allows a full-time employee to eliminate at least one work day every two weeks by working longer hours during the remaining days, resulting in fewer commute trips by the employee. This definition is primarily intended to include weekly and bi-weekly arrangements, the most typical being four (4) ten (10) hour days or eighty (80) hours in nine (9) days, but may also include other arrangements. 3 ORDINANCE NO. CUSTOM BUS/BUSPOOL: A commuter bus service arranged specifically to transport employees to work. DOMINANT MODE: The mode of travel used for the greatest distance of a commute trip. DRIVE ALONE: A motor vehicle occupied by one (1) employee for commute purposes, including a motorcycle. DRIVE ALONE TRIPS: Commute trips made by employees in single occupant vehicles. EMPLOYEE TRANSPORTATION COORDINATOR (ETC): A person who is designated as responsible for the development, implementation and monitoring of an employer's CTR program. EMPLOYER: A sole proprietorship, partnership, corporation, unincorporated mid association, cooperative, joint venture, agency, department, district, or other individual or entity, whether public, non-profit, or private, that employs workers. EXEMPTION: A waiver from any or all CTR program requirements granted to an employer by City of Renton based on unique conditions that apply to the employer or employment worksite. FLEX-TIME: An employer policy that provides work schedules allowing individual employees flexibility in choosing the start and end time but not the number of their working hours. FULL-TIME EMPLOYEE: A person, other than an independent contractor, whose position is scheduled on a continuous basis for fifty-two (52) weeks for an average of at least thirty-five (35) hours per week. *4400 4 ORDINANCE NO. GOALS: Those CTR Goals as the city of Renton set out in Chapters II and III of the Commute Trip Reduction Plan maintained in the City Clerk's office. GOOD FAITH EFFORT: An employer has met the Mandatory Elements identified in RMC 10-13-6A of this code and meets the conditions set out in RCW 70.94.534(2) as those are currently worded or are hereafter amended. IMPLEMENTATION: An active pursuit by an employer of the CTR goals of RCW 70.94.521-555 and this ordinance as evidenced by appointment of an employee transportation coordinator (ETC), distribution of information to employees regarding alternatives to drive alone commuting, and commencement of other measures according to its approved CTR program and schedule. MAJOR EMPLOYER: A private or public employer, including state agencies, that employs one hundred or more full-time employees at a single worksite who are scheduled to begin their regular work day between 6:00 a.m. and 9:00 a.m. on weekdays for at least twelve continuous months. MAJOR EMPLOYER WORKSITE or AFFECTED EMPLOYER WORKSITE or WORKSITE: The physical location occupied by a major employer, as determined by the local jurisdiction. MAJOR EMPLOYMENT INSTALLATION: A military base or federal reservation, excluding tribal reservations, or other locations as designated by the City of Renton, at which there are one hundred or more affected employees. MODE: The means of transportation used by employees, such as single-occupant motor vehicle, rideshare vehicle (carpool or vanpool), transit, ferry, bicycle, walking, or telecommuting. 5 ORDINANCE NO. NOTICE: Written communication delivered via the United States Postal Service Nivid with receipt deemed accepted three days following the day on which the notice was deposited with the Postal Service unless the third day falls on a weekend or legal holiday in which case the notice is deemed accepted the day after the weekend or legal holiday. PEAK PERIOD: The hours from six o'clock (6:00) a.m. to nine o'clock (9:00) a.m. (inclusive), Monday through Friday, except legal holidays. PEAK PERIOD TRIP: Any commute trip that delivers the employee to begin his or her regular workday between six o'clock (6:00) a.m. and nine o'clock (9:00) a.m. (inclusive), Monday through Friday, except legal holidays. PROPORTION OF DRIVE ALONE TRIPS or DRIVE ALONE RATE: The number of commute trips over a set period of time made by employees in single occupancy vehicles divided by the number of potential trips taken by employees working during that period. RIDE MATCHING SERVICE: A system which assists in matching commuters for the purpose of commuting together. TELEWORKING or TELECOMMUTING: The electronic transport of work through the use of telephones, computers, or other similar technology a) which permits an employee to work from home, thereby eliminating a commute trip. Or, b) use electronic transport of work from a work place closer to home, reducing the distance traveled in a commute trip by at least one half(1/2). TRANSIT: Multiple-occupant vehicle operated on a for-hire, shared-ride basis, including bus, passenger ferry, rail, shared-ride taxi, shuttle bus, or vanpool. 6 ORDINANCE NO. TRANSPORTATION DEMAND MANAGEMENT (TDM): A broad range of strategies that are primarily intended to reduce and reshape demand on the transportation system. TRANSPORTATION MANAGEMENT ASSOCIATION (TMA): A group of employers or an association representing a group of employers in a defined geographic area. A TMA may represent employers within specific city limits or may have a sphere of influence that extends beyond city limits. VANPOOL: A vehicle occupied by from five (5) to fifteen (15) people traveling together for their commute trip, that results in the reduction of a minimum of one motor vehicle trip. VEHICLE MILES TRAVELED (VMT) PER EMPLOYEE: The number of the individual vehicle commute trip lengths in miles made by all employees over a set err period of time divided by the number of employees during that period. WEEK: A seven-day calendar period starting on Monday and continuing through Sunday. WEEKDAY: Any day of the week except Saturday or Sunday. WRITING, WRITTEN, or IN WRITING: An original signed and dated document(s). Electronic and/or facsimile (fax) transmissions will not substitute for an original for a document required herein. SECTION II. Section 10-13-2, Commute Trip Reduction Goals, of Chapter 13, Commute Trip Reduction, of Title X (Traffic), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended by changing the name "Commute Trip Reduction Goals" to "Commute Trip Reduction Plan" and is amended to read as Noiry follows: 7 ORDINANCE NO. 10-13-2 Commute Trip Reduction Plan The goals established for the City of Renton and affected employers are set forth in the City of Renton's 2007 Commute Trip Reduction Plan. SECTION III. Section 10-13-3, Designation of CTR Zones and Base Year Values, of Chapter 13, Commute Trip Reduction, of Title X (Traffic), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended by changing the name "Designation of CTR Zones and Base Year Values" to "Commute Trip Reduction Goals" and is amended to read as follows: 10-13-3 Commute Trip Reduction Goals A. Commute Trip Reduction Goals The City of Renton's goals for reductions in the proportions of drive-alone commute trips and vehicle miles traveled per employee by affected employers in this jurisdiction, major employment installations, and other areas designated by the City of Renton are set out in the City of Renton's 2007 Commute Trip Reduction Plan, as it is currently worded or is hereafter amended. These goals establish the desired level of performance for the CTR program in its entirety in the City of Renton. The City of Renton will set the individual worksite goals for affected employers based on how the worksite can contribute to the City of Renton's overall goal established in the CTR Plan. The goals will appear as a component of the affected employer's approved implementation plan outlined in RMC 10-13-6. B. Commute Trip Reduction Goals for Affected Employers 8 ORDINANCE NO. 1. The drive-alone and VMT goals for affected employers in the City of Renton are set forth in the 2007 City of Renton Commute Trip Reduction Plan, as it is currently worded or is hereafter amended. 2. If the goals for an affected employer or newly affected employer are not listed in the CTR Plan, they shall be established by the City of Renton at a level designed to achieve the City of Renton's overall goals for the jurisdiction and other areas as designated by the City of Renton. The City of Renton shall provide written notification of the goals for each affected employer worksite by providing the information when the City of Renton reviews the employer's proposed program and incorporating the goals into the program approval issued by the City of Renton. SECTION IV. Section 10-13-4, Responsible City of Renton Agency, of Chapter 13, Commute Trip Reduction, of Title X (Traffic), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: The City of Renton agency responsible for implementing this ordinance, the CTR Plan, and the City of Renton CTR program is the Public Works Department — Transportation Systems Division through the Administrator or his/her designee who is hereby given authority necessary to carry out administrative responsibilities itemized in and referenced by this Chapter. SECTION V. Section 10-13-5, Applicability, of Chapter 13, Commute Trip Reduction, of Title X (Traffic), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: The provisions of this ordinance shall apply to any affected employer within the Nor geographic limits of the CTR Plan adopted in RMC 10-13-2. 9 • ORDINANCE NO. A. Notification of Applicability NIS 1. In addition to the City of Renton's established public notification for adoption of an ordinance, a notice of availability of a summary of this ordinance, a notice of the requirements and criteria for affected employers to comply with the ordinance, and subsequent revisions shall be published at least once in the City of Renton's official newspaper not more than 30 days after passage of this ordinance or revisions. 2. Affected employers located in the City of Renton are to receive written notification that they are subject to this ordinance. Such notice shall be addressed to the company's chief executive officer, senior official, CTR program manager, or registered agent at the worksite. Such notification shall provide 90 days for the affected employer to perform a baseline measurement consistent with the measurement requirements specified by the City of Renton. 3. Affected employers that, for whatever reason, do not receive notice within 30 days of passage of the ordinance and are either notified or identify themselves to the City of Renton within 90 days of the passage of the ordinance will be granted an extension to assure up to 90 days within which to perform a baseline measurement consistent with the measurement requirements specified by the City of Renton. 4. Affected employers that have not been identified or do not identify themselves within 90 days of the passage of the ordinance and do not perform a baseline measurement consistent with the measurement requirements specified by the City of Renton within 90 days from the passage of the ordinance are in violation of this ordinance. 10 ORDINANCE NO. 5. If an affected employer has already performed a baseline measurement, or an alternative acceptable to the City of Renton, under previous iterations of this ordinance, the employer is not required to perform another baseline measurement. B. Newly Affected Employers 1. Employers meeting the definition of"affected employer" in this ordinance must identify themselves to the City of Renton within 90 days of either moving into the boundaries outlined in the CTR Plan adopted in RMC 10-13-2 or growing in employment at a worksite to one hundred (100) or more affected employees. Employers who do not identify themselves within 90 days are in violation of this ordinance. 2. Newly affected employers identified as such shall be given 90 days to perform a baseline measurement consistent with the measurement requirements Noire specified by the City of Renton. Employers who do not perform a baseline measurement within 90 days of receiving written notification that they are subject to this ordinance are in violation of this ordinance. 3. Not more than 90 days after receiving written notification of the results of the baseline measurement, the newly affected employer shall develop and submit a CTR Program to the City of Renton. The program will be developed in consultation with the City of Renton's Public Works Administrator and/or his/her designee to be consistent with the goals of the CTR Plan adopted in RMC 10-13- 2. The program shall be implemented not more than 90 days after approval by the City of Renton. Employers who do not implement an approved CTR program according to this schedule are in violation of this ordinance and subject to the All'r` penalties outlined in RMC 10-13-9. 11 ORDINANCE NO. C. Change in Status as an Affected Employer Any of the following changes in an employer's status will change the employer's CTR program requirements: 1. If an employer initially designated as an affected employer no longer employs one hundred (100) or more affected employees and expects not to employ one hundred (100) or more affected employees for the next twelve (12) months, that employer is no longer an affected employer. It is the responsibility of the employer to notify the City of Renton that it is no longer an affected employer. The burden of proof lies with the employer. 2. If the same employer returns to the level of one hundred (100) or more affected employees within the same twelve (12) months, that employer will be considered an affected employer for the entire 12 months and will be subject to the same program requirements as other affected employers. 3. If the same employer returns to the level of one hundred (100) or more affected employees twelve (12) or more months after its change in status to an "unaffected" employer, that employer shall be treated as a newly affected employer and will be subject to the same program requirements as other newly affected employers. SECTION VI. Section 10-13-6, Requirements for Employers, of Chapter 13, Commute Trip Reduction, of Title X (Traffic), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: An affected employer is required to make a good faith effort, as defined in RCW 70.94.534(2) and this ordinance, to develop and implement a CTR program that will encourage its employees to reduce VMT per employee and drive alone 12 ORDINANCE NO. commute trips. The CTR program must include the mandatory elements as described below. A. Mandatory Program Elements Each employer's CTR program shall include the following mandatory elements: 1. Employee Transportation Coordinator (ETC) The employer shall designate an Employee Transportation Coordinator (ETC) to administer the CTR program. The ETC and/or designee's name, location, and telephone number must be prominently displayed physically or electronically at each affected worksite. The ETC shall oversee all elements of the employer's CTR program and act as liaison between the employer and the City of Renton. The objective is to have an effective transportation coordinator presence at each worksite; an affected employer with multiple sites may have one ETC for all sites. 2. Information Distribution Information about alternatives to drive alone commuting as well as a summary of the employer's CTR program shall be provided to employees at least once a year and to new employees at the time of hire. The summary of the employer's CTR program shall also be submitted to the City of Renton with the employer's program description and regular report. B. Additional Program Elements In addition to the specific program elements described above, the employer's CTR program shall include additional elements as needed to meet CTR goals. Elements may include, but are not limited to, one or more of the following: 1. Provision of preferential parking for high-occupancy vehicles; 2. Reduced parking charges for high-occupancy vehicles; 13 ORDINANCE NO. 3. Instituting or increasing parking charges for drive alone commuters; 4. Provision of commuter ride matching services to facilitate employee ridesharing for commute trips; 5. Provision of subsidies for rail, transit, or vanpool fares and/or transit passes; 6. Provision of vans or buses for employee ridesharing; 7. Provision of subsidies for carpools, walking, bicycling, teleworking, or compressed schedules; 8. Provision of incentives for employees that do not drive alone to work; 9. Permitting the use of the employer's vehicles for carpooling or vanpooling; 10. Permitting flexible work schedules to facilitate employees' use of transit, carpools, or vanpools; 11. Cooperation with transportation providers to provide additional regular or express service to the worksite; 12. Construction of special loading and unloading facilities for transit, carpool, and vanpool users; 13. Provision of bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work; 14. Provision of a program of parking incentives such as a rebate for employees who do not use the parking facilities; 15. Establishment of a program to permit employees to work part- or full-time at home or at an alternative worksite closer to their homes which reduces commute trips; 14 ORDINANCE NO. 16. Establishment of a program of alternative work schedules, such as a compressed work week, which reduces commute trips; 17. Implementation of other measures designed to facilitate the use of high- occupancy vehicles, such as on-site day care facilities, emergency taxi services, or guaranteed ride home programs; 18. Charging employees for parking, and/or the elimination of free parking; and 19. Other measures that the employer believes will reduce the number and length of commute trips made to the site. C. CTR Program Report and Description Affected employers shall review their program and file a regular progress report with the City of Renton in accordance with the format provided by the City of ow Renton. The CTR Program Report and Description outlines the strategies to be undertaken by an employer to achieve the commute trip reduction goals for the reporting period. Employers are encouraged to consider innovative strategies and combine program elements in a manner that will best suit their location, site characteristics, business type, and employees' commuting needs. Employers are further encouraged to cooperate with each other to implement program elements. At a minimum, the employer's CTR Program Report and Description must include: 1. A general description of the employment site location, transportation characteristics, employee parking availability, on-site amenities, and surrounding services; 15 ORDINANCE NO. 2. The number of employees affected by the CTR program and the total number of employees at the site; 3. Documentation on compliance with the mandatory CTR program elements (as described in RMC 10-13-6A); 4. Description of any additional elements included in the employer's CTR program (as described in RMC 10-13-6B); and 5. A statement of organizational commitment to provide appropriate resources to the program to meet the employer's established goals. D. Biennial Measure of Employee Commute Behavior In addition to the baseline measurement, employers shall conduct a program evaluation as a means of determining worksite progress toward meeting CTR goals. As part of the program evaluation, the employer shall distribute and collect Commute Trip Reduction Program Employee Questionnaires (surveys) at least once every two years, and strive to achieve at least a 70% response rate from employees at the worksite. SECTION VII. Section 10-13-7, Record Keeping, of Chapter 13, Commute Trip Reduction, of Title X (Traffic), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: Affected employers shall maintain a copy of their approved CTR Program Description and Report, their CTR Program Employee Questionaire results, and all supporting documentation for the descriptions and assertions made in any CTR report to the City of Renton for a minimum of 48 months. The City of Renton and the employer shall agree on the record keeping requirements as part of the accepted CTR program. 16 ORDINANCE NO. SECTION VIII. Section 10-13-8, Schedule and Process for CTR Reports, Program Review And Implementation, of Chapter 13, Commute Trip Reduction, of Title X (Traffic), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended by changing the name "Schedule and Process for CTR Reports, Program Review And Implementation" to "Schedule and Process for CTR Program Description and Report" and is amended to read as follows: 10-13-8 Schedule and Process for CTR Program Description and Report A. Document Review The City of Renton shall provide the employer with written notification if a CTR program is deemed unacceptable. The notification must give cause for any rejection. If the employer receives no written notification of extension of the review period of its CTR program or comment on the CTR program or annual Niro report within 90 days of submission, the employer's program or annual report is deemed accepted. The City of Renton may extend the review period up to 90 days. The implementation date for the employer's CTR program will be extended an equivalent number of days. B. Schedule Upon review of an employer's initial CTR program, the City of Renton shall establish the employer's regular reporting date. This report will be provided in a form provided by the City of Renton consistent with RMC 10-13-6C. C. Modification of CTR Program Elements Any affected employer may submit a request to the City of Renton for modification of CTR requirements. Such request may be granted if one of the `am following conditions exist: 17 ORDINANCE NO. 1. The employer can demonstrate it would be unable to comply with the CTR Ned program elements for reasons beyond the control of the employer, or 2. The employer can demonstrate that compliance with the program elements would constitute an undue hardship. 3. The City of Renton may ask the employer to substitute a program element of similar trip reduction potential rather than grant the employer's request. D. Extensions An employer may request additional time to submit a CTR Program Description and Report, or to implement or modify a program. Such requests shall be via written notice at least 30 days before the due date for which the extension is being requested. Extensions not to exceed 90 days shall be considered for reasonable causes. The City of Renton shall grant or deny the employer's extension request by written notice within 10 working days of its receipt of the extension request. If there is no response issued to the employer, an extension is automatically granted for 30 days. Extensions shall not exempt an employer from any responsibility in meeting program goals. Extensions granted due to delays or difficulties with any program element(s) shall not be cause for discontinuing or failing to implement other program elements. An employer's regular reporting date shall not be adjusted permanently as a result of these extensions. An employer's annual reporting date may be extended at the discretion of the City of Renton. E. Implementation of Employer's CTR Program Unless extensions are granted, the employer shall implement its approved CTR program, including approved program modifications, not more than 90 days after receiving written notice from the City of Renton that the program has been 18 ORDINANCE NO. approved or with the expiration of the program review period without receiving Nome notice from the City of Renton. SECTION IX. Section 10-13-9, Credit for Transportation Demand Management Efforts, of Chapter 13, Commute Trip Reduction, of Title X (Traffic), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended by changing the name "Credit for Transportation Demand Management Efforts" to "Enforcement" and is amended to read as follows: 10-13-9 Enforcement A. Compliance For purposes of this section, compliance shall mean: 1. Fully implementing in good faith all mandatory program elements as well as provisions in the approved CTR Program Description and Report; 2. Providing a complete CTR Program Description and Report on the regular reporting date; and 3. Distributing and collecting the CTR Program Employee Questionnaire during the scheduled survey time period. B. Program Modification Criteria The following criteria for achieving goals for VMT per employee and proportion of drive alone trips shall be applied in determining requirements for employer CTR program modifications: 1. If an employer meets either or both goals, the employer has satisfied the objectives of the CTR plan and will not be required to improve its CTR program; 'err 19 ORDINANCE NO. 2. If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this ordinance, but has not met the applicable drive alone or VMT goal, no additional modifications are required; and 3. If an employer fails to make a good faith effort as defined in RCW 70.94.534(2) and this ordinance, and fails to meet the applicable drive alone or VMT reduction goal, the City of Renton shall direct the employer to revise its program within 30 days to come into compliance with the measures defined by RCW 70.94.534(2), including specific recommended program modifications. In response to the recommended modifications, the employer shall submit a revised CTR Program Description and Report, including the requested modifications or equivalent measures, within 30 days of receiving written notice to revise its program. The City of Renton shall review the revisions and notify the employer of acceptance or rejection of the revised program. If a revised program is not accepted, the City of Renton will send written notice to that effect to the employer within 30 days and, if necessary, require the employer to attend a conference with program review staff for the purpose of reaching a consensus on the required program. A final decision on the required program will be issued in writing by the City of Renton within 10 working days of the conference. C. Violations The following constitute violations if the deadlines established in this ordinance are not met: I. Failure to self identify as an affected employer; 2. Failure to perform a baseline measurement, including: 20 ORDINANCE NO. a. Employers notified or that have identified themselves to the City of Renton within 90 days of the ordinance being adopted and that do not perform a baseline measurement consistent with the requirements specified by the City of Renton within 90 days from the notification or self-identification; b. Employers not identified or self-identified within 90 days of the ordinance being adopted and that do not perform a baseline measurement consistent with the requirements specified by the City of Renton within 90 days from the adoption of the ordinance; i. Failure to develop and/or submit on time a complete CTR program; ii. Failure to implement an approved CTR program, unless the program elements that are carried out can be shown through quantifiable Nftwe evidence to meet or exceed VMT and drive alone goals as specified in ordinance; iii. Submission of false or fraudulent data in response to survey requirements; iv. Failure to make a good faith effort, as defined in RCW 70.94.534 and this ordinance; or v. Failure to revise a CTR program as defined in RCW 70.94.534(4) and this ordinance. D. Penalties 1. No affected employer with an approved CTR program which has made a good faith effort may be held liable for failure to reach the applicable drive alone Now or VMT goal; 21 ORDINANCE NO. 2. No Major Employer shall be liable for civil penalties for failure to reach Ned the applicable commute trip reduction goals; 3. Each day of failure to implement the program shall constitute a separate violation, subject to penalties as described in RCW 7.80; 4. An affected employer shall not be liable for civil penalties if failure to implement an element of a CTR program was the result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. Unionized employers shall be presumed to act in good faith compliance if they: a. Propose to a recognized union any provision of the employer's CTR program that is subject to bargaining as defined by the National Labor Relations Act; and b. Advise the union of the existence of the statute and the mandates of the CTR program approved by the City of Renton and advise the union that the proposal being made is necessary for compliance with state law (RCW 70.94.531). SECTION X. Section 10-13-10, Goal Modifications, of Chapter 13, Commute Trip Reduction, of Title X (Traffic), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended by combining Section 10- 13-10, Goal Modifications, and Section 10-13-14, Exemptions, into Section 10-13-10, and changing the name "Goal Modifications" to "Exemptions and Goal Modifications" and is amended to read as follows: NIS 22 ORDINANCE NO. 10-13-10 Exemptions and Goal Modifications Now A. Worksite Exemptions An affected employer may request the City of Renton to grant an exemption from all CTR program requirements or penalties for a particular worksite. The employer must demonstrate that it would experience undue hardship in complying with the requirements of the ordinance as a result of the characteristics of its business, its work force, or its location(s). An exemption may be granted if and only if the affected employer demonstrates that it faces extraordinary circumstances, such as bankruptcy, and is unable to implement any measures that could reduce the proportion of drive alone trips and VMT per employee. Exemptions may be granted by the City of Renton at any time based on written notice provided by the affected employer. The notice should clearly explain the *ewe conditions for which the affected employer is seeking an exemption from the requirements of the CTR program. The City of Renton shall grant or deny the request within 30 days of receipt of the request. The City of Renton shall review annually all employers receiving exemptions, and shall determine whether the exemption will be in effect during the following program year. B. Employee Exemptions Specific employees or groups of employees who are required to drive alone to work as a condition of employment may be exempted from a worksite's CTR program. Exemptions may also be granted for employees who work variable shifts throughout the year and who do not rotate as a group to identical shifts. The City of Renton will use the criteria identified in the CTR Board Administrative Guidelines to assess the validity of employee exemption requests. 23 ORDINANCE NO. The City of Renton shall grant or deny the request within 30 days of receipt of the request. The City of Renton shall review annually all employee exemption requests, and shall determine whether the exemption will be in effect during the following program year. C. Modification of CTR Program Goals 1. An affected employer may request that the City of Renton modify its CTR program goals. Such requests shall be filed in writing at least 60 days prior to the date the worksite is required to submit its program description or annual report. The goal modification request must clearly explain why the worksite is unable to achieve the applicable goal. The worksite must also demonstrate that it has implemented all of the elements contained in its approved CTR program. 2. The City of Renton will review and grant or deny requests for goal modifications in accordance with procedures and criteria identified in the CTR Board Guidelines. (3) An employer may not request a modification of the applicable goals until one year after city/county approval of its initial program description or annual report. SECTION XI. Section 10-13-11, Employer Peer Review Group, of Chapter 13, Commute Trip Reduction, of Title X (Traffic), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended by changing the name "Employer Peer Review Group" to "Appeals" and is amended to read as follows: 10-13-11 Appeals A. Scope Nod 24 ORDINANCE NO. An Employer may appeal the final decisions of the Public Works Administrator, or his/her designee (hereinafter collectively referred to as "Administrator"), regarding the following actions: 1. Rejection of an Employer's proposed program, 2. Denial of an Employer's request for a waiver or modification of any of the requirements under this Chapter, or 3. Rejection of an Employer's modification of the Employer's program. B. Requirements to Commence Appeal 1. Notice of Appeal: Within 14 calendar days of receiving notice from the Administrator of any of the final decisions described above, the Employer desiring to appeal must file with the City Clerk, a written Notice of Appeal, which shall fully, clearly, and thoroughly specify the grounds for appeal,. The Notice of ''' Appeal must be signed by the Employer/Appellant. The Employer/Appellant must file with the Notice of Appeal the written notice from the Administrator from which the appeal is being taken. The Notice of Appeal may not contain any factual information that was not submitted to the Administrator. 2. Appeal Fee: The Notice of Appeal shall be accompanied by a fee in the amount provided for appeals of land use decisions, as described in RMC 4-1- 170A, as that provision is currently worded and as hereafter amended. All appeal fees must be received by the City Clerk before the end of the business day on the last day of the filing period or the filing will be considered incomplete and will be rejected. 3. Facsimile Filing: The required Notice of Appeal may be *Akre filed by facsimile. However, such facsimile filing, in its entirety, must be 25 ORDINANCE NO. received by the City Clerk's office no later than five o'clock (5:00) p.m., on the last date for filing. The filing party bears the burden to ensure that the facsimile filing is transmitted in adequate time so that it will be received, in its entirety, by the City before five o'clock (5:00) p.m. The appeal fee must be received by the City Clerk's office as required by RMC 10-13-11B 2, above. C. Referral to and Authority of Hearing Examiner 1. The appeal will be referred to the Hearing Examiner of the City (hereinafter referred to as "Examiner"). 2. The Examiner shall have all the authority of the office from which the appeal is taken. 3. The Examiner shall have the authority to schedule a hearing, and shall have the duty to notify the Employer/Appellant and the Administrator of the hearing Ned date, time, and location. 4. The Examiner shall have the authority to order or accept submissions by the Employer/Appellant and the Administrator and hear argument by those participants. D. Record on Appeal: 1. The Record on Appeal shall consist of the materials submitted to the Administrator, the City's CTR Plan, the notice sent to the Employer/Appellant by the Administrator, and the Notice of Appeal. 2. No new or additional evidence or testimony will be accepted by the Examiner unless a showing is made by the party offering the evidence that the evidence could not reasonably have been available at the time of the submissions to the Administrator. If the Examiner determines that additional evidence is 26 ORDINANCE NO. required, the Examiner shall remand the matter to the Administrator with Nt.r directions to the Employer/Appellant to submit the new information to the Administrator for a new determination. 3. The Employer/Appellant, as well as the Administrator, may submit written arguments based on the record. However, no new evidence will be permitted in these submissions, except as provided above. New evidence submitted that is not in compliance with RMC 10-13-11D2, above, shall be removed from the submissions. These submissions shall become part of the record on appeal. E. Burden of Proof and Decision: 1. The burden rests with the Employer/Appellant to show by clear, cogent, and convincing evidence that the decision being appealed is not consistent with the State law. Nue 2. The decision of the Administrator shall carry substantial weight in any appeal proceeding. 3. The Examiner shall render a written decision within ten (10) days of the adjournment of the hearing, unless, before the hearing is adjourned he asks the parties for extra time, which shall be a time certain. 4. The Examiner's decision will be final. SECTION XII. Section 10-13-13, Enforcement and Penalties, of Chapter 13, Commute Trip Reduction, of Title X (Traffic), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby deleted. SECTION XIII. Section 10-13-15, Severability, of Chapter 13, Commute Trip Reduction, of Title X (Traffic), of Ordinance No. 4260 entitled "Code of General Ordinances of 4446°" the City of Renton, Washington," is hereby renumbered to Section 10-13-12. 27 ORDINANCE NO. SECTION XIV. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1451:3/13/08:scr 28 CITY OF RENTON, WASHINGTON '41rw" ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ADOPTING THE ANNUAL BUDGET FOR THE YEAR 2009, IN THE AMOUNT OF$251,658,823. WHEREAS, the City of Renton has met and considered its budget for the calendar year 2009; and WHEREAS, the City Council conducted public hearings for the purpose of accepting testimony related to the 2009 Budget on November 03, 2008 and again on November 10, 2008; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. After due notice and public hearing thereon as provided by law, the annual budget for the City of Renton for the year 2009, previously prepared and filed with the City Clerk, as modified hereby, be and is hereby ratified, confirmed and adopted, in all respects, as such annual budget for the year 2009. Such annual budget is detailed in Attachment A, 2009 Budget Summary by Fund, Resources and Expenditures, which is incorporated herein as if fully set forth. SECTION II. Attachment A defines the total sums authorized and allowed for expenditures and establishes such sums in each of the funds in the annual 2009 budget. SECTION III. Acts pursuant to this Ordinance, but prior to its passage or effective date, are hereby ratified and confirmed. SECTION IV. A copy of the 2009 budget, as herein adopted, shall be transmitted to the Office of the State Auditor, Division of Municipal Corporations, and such other governmental agencies as provided by law. 1 ORDINANCE NO. SECTION V. This Ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: sArd Lawrence J. Warren, City Attorney Date of Publication: ORD.1513:l 0/31/08:scr 2 ORDINANCE NO. 2009 BUDGET SUMMARY BY FUND • ALL FUNDS Revenue Appropriation Corrections& Corrections& Increase `44N""" 2009 Proposed 2009 Base 2009 Council 2009 Final 2009 Proposed Council 2009 Final (Decrease)in Estimated Ending Fund Fund I Department Revenue Expenditure Proposed Additions Revenue Appropriation Additions Appropriation Fund Balance Beg Fund Bal Balance 000 GENERAL 70,231,228 315,260 70,546,488 74,386,134 (3,137,820) 70,000 70,616,488 71,248,314 70,000 71,318,314 (701,826) 7,451,347 6,749,521 001 COMMUNITY SERVICES 13,934,082 15,000 13,949,082 14291,186 (342,104) 13,949,082 13,949,082 13,949,082 • 1,114,069 1,114,069 003 STREETS 9,051,809 - 9,051,809 9,424,615 (372,01.) 9,051,809 9,051,809 9,051,809 • 1,549,034 1,549,634 094 COMMUNITY DEVELOPMENT BLOCK GRANT 294,596 - 294,596 294,596 - 294,596 294,596 294,596 • (66,792) (66,792) 005 MUSEUM 151,124 - 151,124 151,124 151,124 151,124 151,124 • - 006 LIBRARY 2047,775 90,493 2,138,268 2,183,481 (45,213) 2,138,268 2,138268 2,138,268 • 267,028 267,028 007 PARKING GARAGE MAINTENANCE - - • • - . 009 FARMERS MARKET 35,280 - 35,280 35,280 - 35,280 35,280 35,280 46,492 46,492 010 FIRE AND EMERGENCY SVC MEMORIAL 15,000 - 15,000 15,000 - 15,000 15,000 15,000 10,081 10,081 011 FIRE AND EMERGENCY SVC HEALTH&WELLNESS 25,00 - 25,00 25,000 - 25,000 25,000 25,000 16,783 16,783 031 PARK MEMORIAL - - - - • 170,309 170,300 201 1997 LIM GO BONDS-CITY HALL 1,980,440 • 1,980,440 1,980,440 • 1,980,440 1,980,440 1,980,440 • 23,506 23,50 207 1978 LIM GO BONDS SR CTR - - - - - - • • . 215 GENERAL GOVERNMENT MISC DEBT SVC 2,609,941 • 2,609,941 2,609,941 • 2,609,941 2,609941 2,609941 • 556,782 556,782 General Governmental 100,376,275 420,753 100,797,028 105,396,797 (3,897,943) 70,000 100,867,028 101,498,854 70,000 101,568,854 (701,826) 11,138,630 10,436,804 102 ARTERIAL STREETS 633575 - 638,575 596,70 153,30 638,575 750,00 750,000 (111,425) 316,068 204,643 108 LEASED CITY PROPERTIES 1244,322 - 1,244,322 673,532 570,790 1,244,322 1244,322 1,244,322 - 529,744 529,744 110 SPECIAL HOTEL-MOTEL TAX 341,700 - 341,700 341,70 • (1,300) 340,400 341,700 (46,700) 295,000 45,40 272,601 313001 118 CUM 2755(PATHSITRAILS) - - •- - - - - 3,183 3183 125 ONE PERCENT FOR ART - - - - - - - - 57,164 57,184 127 CABLE COMMUNICATIONS DEVELOPMENT 79,678 5,996 85,674 45,674 40,000 85,674 85,674 85,674 - 13,174 13,174 135 SPRINGBROOK WETLANDS BANK 10,500 - 10,500 - - 10,50 - - 10,500 - 10,500 2191989 UNLIM GO BONDS-SR HOUSING 5,100 - 5,100 523,2305,100 523,230 523230 (518,130) 607,839 89,709 303 COMMUNITY SERVICES IMPACT MITIGATION 300,000 - 30,000 1,300,000 - 300,000 - 300,090 1512975 1,912075 30 MPACTIPACT MITIGATION 300,000 - 300,009 300,00 - 300,000 30,000 300,000 - 2,556,013 2,556013 r'ORTATIONIMPACT MITIGATION 900,000 - 903030 900,00 - 900,00 900,000 900,000 - 3,191,711 3,191,711 316 ICIPALFACILITIESCIP 9,719,539 801,790 8,621,329 10,597,174 3,00 8,621,329 8,700,174 8,700,174 (78,845) 1,578,845 1500,00 317 CAPITAL IMPROVEMENT 22,616,348 - 22,616,348 22,675,579 - 22,616348 22,675,579 22,675,579 (59,231) 282,933 223,702 318 SOUTH LAKE WA INFRASTRUCTURE PROJECT 12,500,000 - 12,50,00 12500,000 - 12,500,00 12,50,00 12,500,000 - 51,625 51,625 402 AIRPORT OPERATIONS 1,209,511 - 1,20,511 1,395,958 (60,087) 1,209,511 1,530,379 1530,379 (320,868) 379,.0- 58,816 403 SOLID WASTE UTILITY 10,299212 - 15,123,236 11,558,50 (22,950) 15,123,236 14,922,556 (22,950) 14899,606 223,630 346,349 569,979 404 MUNICIPAL GOLF COURSE SYSTEM 2,475,953 (6,254) 2,469,699 2,478,369 - 2,469,699 2,478,369 2,478,369 (8,670) 961,591 952,921 40 WATER OPERATIONS 10,966,800 • 10,966,011 10286,843 (79,906) (954,956) 10,011,844 12,744,704 (185,834) 12,558,870 (2,547,026) 4,139,186 1,592,160 40 WASTEWATER OPERATIONS 5,529,980 - 5,529,980 5,239,827 (69,161) 5,529,980 5,389,364 (85,091) 5,304,273 225,707 2,145,158 2,370,865 407 SURFACE WATER OPERATIONS 5,595,50 - 5,595,500 4,794,482 198,696 5,595,50 5,165,368 (26,890) 5,138,478 457,022 2,345,200 2,802,222 416 KING COUNTY METRO 10,232,640 - 11,414,648 10,232,640 - 11,414,648 11,414,648 11,414,648 - (311,143) (311,143) 422 AIRPORT CAPITAL IMPROVEMENT 2,733,000 - 2,867,421 2,333,000 - 2,867,421 2,:10,00 2,808,000 59,421 (59,421) - 424 MUNICIPAL GOLF COURSE SYSTEM CIP 154,080 - 154,080 150,000 - 154,080 150,000 150,00 4,080 55,163 59,243 425 WATER CIP 1,252,250 - 4,648,769 5,00,00 - 237,450 4,00.,219 5,00,000 5,00,00 (113,781) 351,231 237,459 426 WASTEWATER CIP 2,898,624 - 2,461,899 3,375,00 - 2,461,899 3,375,00 3,375,000 (913,101) 1,136,613 223,512 427 SURFACE WATER CIP 2,623,538 - 3,735,106 3,850,00 - (2,119,341) 1,615,765 3,850,000 3,850,000 (2,234,235) 802,578 (1,431,657) 461 WATERWORKS BOND RESERVE - - - - - - - - - 471 WATERWORKS RATE STABILIZATION - - - - - - - - - 90,320 90,320 481 FUTURE WIS BOND PROCEEDS - - - - - - - - - 4,632 4,632 501 EQUIPMENT RENTAL 5,281,50 435,500 5,717,00 3,127,485 435,50 5,717,00 3,562,985 35,00 3,597,985 2,119,015 2,139,472 4,258,487 502 INSURANCE 2,891,826 - 3,108,355 8,137,464 (47,191) 3,108,355 8,090,273 8,090,273 (4,981,918) 9,981,919 5,000,01 503 INFORMATION SERVICES 4,287,319 • 4,287,319 4,963,459 (676,140) 4,287,319 4,287,316 4,287,316 3 378 381 504 FACILITIES 4,041,084 10,00 4,051,10• 4,159,614 (106,530) 4,051,084 4,051,084 4,051,084 - - 512 HEALTHCARE INSURANCE 12,249,689 - 11,040,415 11,060,216 - 11,040,415 11,060,216 11,060,216 (19,801) 2,986,268 2,966,467 522 LEOFFI RETIREES HEALTHCARE 2,040,686 - 2,040,686 1,979,217 - 2,040,686 1,979,217 1,979,217 61,469 1,322,821 1,384,290 611 FIREMENS PENSION 290,00 - 290,00 542,276 • 290,000 542,276 54Z276 (252,276) 4,386,425 4,134,149 All Other Funds 135,708,954 1,247,032 144,275,056 145,117,939 337,321 (2,838,147) 141,436,909 150,422,434 (332,465) 150,089,969 (8,653,060) 44,278,299 35,625,239 TO" 'UN DS 236,085,229 1,667,785 245,072,084 250,514,736 (3,560,622) (2,768,147) 242,303,937 251,921,288 (262,465) 251,658,823 (9,354,887) 55,416,929 46,062,042 ATTACHMENT A CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING THE PROPERTY TAX LEVY FOR THE YEAR 2009 FOR BOTH GENERAL PURPOSES AND FOR VOTER APPROVED BOND ISSUES. WHEREAS, the City of Renton has met and considered its budget for the calendar year 2009; and WHEREAS, the City of Renton, after hearing and duly considering all relevant evidence and testimony presented, determined that, in order to discharge the expected expenses and obligations of the City and in its best interest, the City of Renton requires a regular levy in the amount of $31,000,000, which includes an increase in property tax revenue from the following sources: a) an increase from the previous year of one-percent, b) amounts resulting from the addition of new construction and improvements to property, c) any increase in the value of state- assessed property, and d) amounts authorized by law as a result of any annexations that have occurred and refunds made; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The regular property tax levy is hereby authorized for the 2009 levy in the amount of$31,000,000, which is an increase of 0.76 percent from the previous year plus an amount for new construction and annexations. This increase includes revenue resulting from the following sources: a) an increase from the previous year of 0.76 percent, b) amounts resulting from the addition of new construction and improvements to property, c) any increase in the value of state-assessed property, and d) 1 ORDINANCE NO. amounts authorized by law as a result of any annexations that have occurred, and e) refunds made. SECTION II. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1514:10/31/08:scr Nod 2 g S CITY OF RENTON, WASHINGTON `4'""" ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 4, WATER, AND CHAPTER 5, SEWER OF TITLE VIII (HEALTH AND SANITATION) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," TO ALLOW FOR ADJUSTMENTS TO CURRENT UTILITY RATES. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 8-4-24A.1, Fire Protection Charge, of Chapter 4, Water, of Title VIII (Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: 1. Fire Protection Charge: The private fire protection charge are hereby fixed in the following schedule: Meter Rate 1 inch $3.78 1 '/2 inch $4.22 2 inch $5.43 3 inch $14.33 4 inch $17.64 6 inch $25.34 8 inch $34.12 10 inch $44.03 SECTION IL Subsection 8-4-31B, Metered Rates, of Chapter 4, Water, of Title VIII (Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: B. Metered Rates: 1 t ORDINANCE NO. 1. The minimum rates for metered water supplied within the City in one month or fractional period thereof are hereby fixed in the following schedule: Single-family/duplex, Size of multi-family, Private irrigation, city service non-residential irrigation 3/4" $ 10.60 $ 6.38 1" $ 21.95 $ 11.39 1 1/2" $ 40.56 $ 19.45 2" $ 63.56 $ 29.79 3" $ 130.61 $ 63.05 4" $ 199.31 $ 93.76 6" $ 388.69 $ 177.59 8" $ 760.85 $ 388.63 10" $ 1,134.11 $ 499.73 12" $ 1,650.50 $ 721.62 2. Commodity Rates: Three (3) consumption blocks will be established for single family and duplex customers. The size of the first block will be less than 500 cubic feet of water consumed per month. The second block will be 500 to *4000 1000 cubic feet of water consumed per month. The third block will be over 1000 cubic feet of water consumed per month. The rates for these three (3) blocks are as follows: Less than 500 cubic feet $1.53 500 - 1000 cubic feet $2.05 Over 1000 cubic feet $2.59 Customers that are multi-family, non-residential, private irrigation and city irrigation will pay for consumption at the following rates per one hundred(100) cubic feet. Multi-family $1.98 Non-residential $2.10 Private Irrigation $3.36 City Irrigation $2.36 vled2 i ORDINANCE NO. 3. (Rep. by Ord. 4898, 3-19-2001) (Ord. 4567, 12-11-1995; amd. Ord. 4815, 11- law 22-1999) SECTION III. Subsection 8-4-31C.1, Low Income Seniors, of Chapter 4, Water, of Title VIII (Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: 1. Low-Income Seniors: A "low-income senior citizen" is defined as a person sixty one (61) years of age or older who resides in a single-family dwelling that is separately metered with a city water meter for water usage, either as owner, purchaser, or renter, and whose total income, including that of his or her spouse or co-tenant, does not exceed the annual income threshold for low-income rate eligibility. The annual income threshold for eligibility for low-income rate shall be adjusted each calendar year, using the Income Guidelines for King County as "%ow provided annually by the U.S. Department of Housing and Urban Development (HUD) and King County's qualifying income criteria for a senior citizen/disability property tax exemption. Any household with a disposable income of thirty percent (30%) or less of the median household income for King County and qualified for a subsidy prior to May 31, 2008 will be eligible for a seventy-five percent (75%) rate subsidy. All other households with an annual disposable income less than King County's maximum qualifying income for a senior citizen/disability property tax exemption are eligible for a fifty percent (50%) rate subsidy. For the calendar year 2008 those figures for a seventy five (75%) rate subsidy shall be seventeen thousand one hundred dollars ($17,100) or less per annum for single occupancy and nineteen thousand five hundred 3 i ORDINANCE NO. ($19,500) or less per annum for double occupancy, and thirty six thousand four hundred ($36,400) or less per annum for a fifty percent (50%) rate subsidy. For households with more than two (2) individuals qualifying under subsection C of this Section, an additional five thousand dollars ($5,000) is added to the income threshold per qualifying individual. SECTION IV. Subsection 8-4-31C.4.a, For a seventy-five percent (75%) rate subsidy, of Chapter 4, Water, of Title VIII (Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: a. For a seventy-five percent (75%) rate subsidy: (1) For those senior citizens and disabled persons who qualified as economically disadvantaged, and were on this low-income rate prior to August 1, 1994, the following rate for water service relating to such single-family dwelling in which such eligible person or persons permanently reside is one dollar and twenty-five cents ($1.25) per month, limited to nine hundred (900) cubic feet of water per month. Any water consumption over nine hundred (900) cubic feet per month shall be charged as provided in subsections A and B of this Section. (2) For those senior citizens and disabled persons who qualify as economically disadvantaged, and were on this low-income rate after August 1, 1994 and prior to May 31, 2008, the following rate for water service relating to such single-family dwelling in which such eligible person or persons permanently reside is two dollars and sixty-three cents ($2.63) per month, limited to nine hundred (900) cubic feet of water per month. Any water consumption over nine hundred (900) 4 ORDINANCE NO. cubic feet per month shall be charged as provided in subsections A and B of this Section, except for those persons who qualify under home kidney dialysis. These customers are limited to one thousand seven hundred (1,700) cubic feet of water per month before any excess is charged as provided in subsections A and B of this Section. SECTION V. Subsection 8-5-15A, Disposal Rates, of Chapter 5, Sewer, of Title VIII (Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: A. Disposal Rates: The monthly rates and charges for sewage disposal service shall be as follows: 1. Single-Family: Sixteen dollars and seventeen cents ($16.17). 2. All Other Users: A base charge of two dollars and forty-four cents ($2.44) plus one dollar and eighty-three cents ($1.83) per month for each one hundred (100) cubic feet of water used, but not less than sixteen dollars and seventeen cents ($16.17) per month. 3. Charges For Sewer Service Without City Water: In the event that water obtained from sources other than purchased from the City is either discharged or drained into the sewer system, users shall be charged by one of the two (2) following methods: a. For single-family residences, sixteen dollars and seventeen cents ($16.17) per month. b. For other than single-family dwellings, the Public Works Administrator shall install a water meter into such private water system at cost to property owners, New 5 ORDINANCE NO. and the method of billing shall be in compliance with subsection A.2 of this Section. SECTION VI. Subsection 8-5-15D, Additional Charges, of Chapter 5, Sewer, of Title VIII (Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: D. Additional Charges: In addition to the foregoing charges specified in this Section, the following rates shall be charged: 1. A charge of thirty-one dollars and ninety cents ($31.90)per month and a rate adjustment charge of one dollar and sixteen cents ($1.16) per month payable to King County Wastewater for each single-family dwelling unit. 2. A charge of thirty-one dollars and ninety cents ($31.90)per month and a rate adjustment charge of one dollar and sixteen cents ($1.16) per month payable to King *4401 County Wastewater for each seven hundred fifty(750) cubic feet, or any fraction thereof, of water used for all users other than single-family. 3. Any additional charges hereafter imposed by King County Wastewater under the "Industrial Cost Recovery" or "Industrial Waste Surcharge" programs required under the FWPCA (PL 92-500), Section 204, or as same may be amended hereafter, plus fifteen percent (15%) thereof as an additional charge for the City's cost of implementing such programs. 4. Senior and/or disabled low income rates: a. For a seventy-five percent (75%) subsidy: (1) Senior and/or disabled low-income citizens who qualified under RMC 8-4- 31C for low-income rates prior to August 1, 1994, are eligible for a rate of thirty- 6 ORDINANCE NO. one dollars and ninety cents ($31.90) per month and a rate adjustment charge of one dollar and sixteen cents ($1.16) per month payable to King County Wastewater, and one dollar thirty-nine cents ($1.39) per month for City sewer charges for a total of thirty-four dollars and forty-five cents ($34.45). (2) Senior and/or disabled citizens who qualify under RMC 8-4-31 C for low- income rates after August 1, 1994, and prior to May 31, 2008, are eligible for a rate of thirty-one dollars and ninety cents ($31.90) per month and a rate adjustment charge of one dollar and sixteen cents ($1.16) per month payable to King County Wastewater, and four dollars five cents ($4.05) per month for City sewer charges for a total of thirty-seven dollars and eleven cents ($37.11). b. All other Senior and/or disabled citizens qualifying under RMC 8-4-31C for low-income rates after May 31, 2008, are eligible for a fifty percent (50%) err subsidy equal to thirty-one dollars and ninety cents ($31.90) per month and a rate adjustment charge of one dollar and sixteen cents ($1.16) per month payable to King County Wastewater, and eight dollars and nine cents ($8.09) per month for City sewer charges for a total of forty-one dollars and fifteen cents ($41.15). SECTION VII. This ordinance shall be effective on January 1, 2009. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk 7 ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1515:11/6/08:scr wrr� 8 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 1, FEE SCHEDULE, OF TITLE V (FINANCE AND BUSINESS REGULATIONS), OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," BY INCREASING CERTAIN GOLF COURSE GREEN FEES AND CLUB RENTAL FEE. WHEREAS, the City of Renton wishes to provide to its citizens the most cost effective services possible; and WHEREAS, the City Council has adopted a policy that the golf course fees shall cover the costs of services; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 5-1-5A, Greens Fees, of Chapter 1, Fee Schedule, of "rr✓ Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended by changing the title to "Green Fees: The cost of golf course green fees shall be as follows," and to read as follows: A. Green Fees: The cost of golf course green fees shall be as follows: 18 Hole/ Weekday: $29.00 18 Hole/ Weekend: $35.00 9 Hole/Weekday: $20.00 9 Hole/ Weekend: $20.00 18 Hole / Senior/ Weekday: $20.00 9 Hole/ Senior/Weekday: $15.00 18 Hole/Junior/ Weekday: $16.00 9 Hole /Junior/ Weekday: $12.00 Club Rental: $15.00 err 1 ORDINANCE NO. For purposes of this section, "weekend" shall mean Friday, Saturday, and Sunday. "Weekday" shall mean the remaining four days of the week. SECTION II. This ordinance shall become effective April 1, 2009, except that the Club Rental fee shall become effective January 1, 2009. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1508:10/9/08:scr 2 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," BY MODIFYING THE APPLICATION DEADLINE. WHEREAS, on December 22, 2003, the Renton City Council adopted Ordinance No. 5061 (codified in RMC 4-1-220) to establish a limited property tax exemption to encourage multi-family housing development in designated residential targeted areas; and WHEREAS, the provisions of Section 4-1-220, Property Tax Exemption for Multi- Family Housing in Residential Targeted Areas, have been useful in helping to encourage increased residential opportunities and stimulate new construction of multi-family housing in residential targeted areas; and New WHEREAS, the Renton City Council desires to amend RMC 4-1-220 to modify the application deadline to provide greater flexibility; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 4-1-220E, Application Procedure, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: E. APPLICATION PROCEDURE: 1. Form: The owner of property applying for exemption under this Section shall submit an application to the Administrator on a form korriv 1 ORDINANCE NO. established by the Administrator. The owner shall verify the correctness of ',411011- the information contained in the application by his/her signature and affirmation made under penalty of perjury under the laws of the State of Washington. The application shall contain such information as the Administrator may deem necessary or useful, which at a minimum shall include: a. A completed City application form, including information setting forth the grounds for tax exemption and whether the owner elects to rent or sell at least twenty percent (20%) of the multi- family housing units as affordable housing to low- and moderate- income households to qualify for the twelve (12) year exemption defined in subsection (C)(1)(b)(ii) of this Section; b. A brief written description of the project, and schematic site and floor plans of the multi-family dwelling units and the structure(s) in which they are proposed to be located; c. Floor and site plans of the proposed project, which plans may be revised by the owner provided such revisions are made and presented to the Administrator prior to the City's final action on the exemption application; d. A statement from the owner acknowledging the potential tax liability when the property ceases to be eligible for exemption under this Section. 2 ORDINANCE NO. 2. Fee: At the time of initial application under this Section, the owner `nrr shall pay to the City an initial application fee of one thousand dollars ($1,000.00). 3. Deadline: The application shall be submitted prior to the issuance of the building permit for the project, unless otherwise approved by the Council. The Administrator shall approve or deny an exemption application within ninety (90) days of receipt of a complete application. SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) days after its publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk Avow APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1512:10/3 0/08:scr 3 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 1, FEE SCHEDULE, OF TITLE V (FINANCE AND BUSINESS REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," BY ADDING A NEW SECTION 8, ENTITLED "AIRPORT FUEL FLOWAGE FEES." WHEREAS, the City of Renton holds and operates the Renton Municipal Airport (aka Clayton Scott Field) under and subject to a grant and conveyance from the United States of America; and WHEREAS, the grant and conveyance were made by the authority granted in the Surplus Property Act of 1944, as amended; and WHEREAS, the grant and conveyance of the airport by the United States of America impose on the City of Renton the requirement that the City comply with the Grant Assurances, lgirw Order 5190.6A, which includes a requirement that the city maintain a "sustainable rate" structure; and WHEREAS, the City of Renton has been charging a fuel flowage fee for JetA and 100LL fuels dispensed to any location on the Airport since January of 1966, and this fuel flowage fee has never been increased; and WHEREAS, currently, Renton Airport has the lowest fuel flowage fee of all the other airports in the region. The average fuel flowage fee for a gallon of JetA and 10OLL in the region is $0.063 and $0.06 per gallon, respectively; and WHEREAS, increasing the fee to $0.06/gallon is needed to help the airport maintain a self sustaining rate structure, as required by the federal grant assurances; and Nome 1 ORDINANCE NO. WHEREAS, the fuel flowage fees do not currently appear in the Renton Municipal Code *0104 and this ordinance will codify these fees; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Chapter 1, Fee Schedule, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended by adding a new section, entitled "Airport Fuel Flowage Fees," to read as follows: 5-1-8 AIRPORT FUEL FLOWAGE FEES: A. Aviation Fuel Flowage Fees: Wholesale fuel distributors of Aviation Fuel shall pay to the City of Renton a fuel flowage fee $.06 per gallon of JetA and 100LL fuel delivered to any location at Notii the Renton Municipal Airport with all of the revenue deposited in the Airport Fund that pays for the operation and maintenance of the Airport. B. Reporting: Wholesale fuel distributors of Aviation Fuel shall, on the last day of each month, provide to the City of Renton a Fuel Flowage Fee Report, and a copy of each invoice for Aviation Fuel distributed at the Renton Municipal Airport, for the subject month. C. Violations and Penalties: 1. Failure to pay the Fuel Flowage Fee or to provide the required Fuel Flowage Fee Report and supporting invoices shall be a violation of this section. Any violation of this section shall be a civil infraction. 2 ORDINANCE NO. 2. Any person found to have violated this section by failing to pay the Fuel Flowage Fee shall pay a fine equal to 5% of the Fuel Flowage Fee owed to the city of Renton multiplied by the number of months said Fuel Flowage Fee was unpaid. 3. Any person found to have violated this section by failing to provide the report or supporting documentation for the Fuel Flowage Fee shall pay a fine of $100. For any subsequent offense in a 12 month period, the fine shall be $200. 4. Any person found to have violated this section three times or more in a 12 month period shall be prohibited from delivering Aviation Fuel to any recipient located on the Renton Municipal Airport for a period of 6 months. SECTION IL This ordinance shall become effective upon its passage, approval and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor 3 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1509:I 0/10/08:scr Nuoi 4 CITY OF RENTON, WASHINGTON New ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 9, PERMITS — SPECIFIC, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," BY ADDING A PROVISION TO MAKE UNIFORM THE AMOUNT OF COST CONTRIBUTION TOWARD CITY CAPITAL PROJECTS REQUIRED OF PROPERTIES FOR WHICH FRONTAGE IMPROVEMENTS HAVE BEEN DEFERRED BY RESTRICTIVE COVENANT. WHEREAS, prior to December 5, 2005, the City of Renton permitted the deferral of installation of frontage improvements for certain short plats that met established criteria, upon the recording of a restrictive covenant; and WHEREAS, on December 5, 2005, by Ordinance 5170, the City of Renton revised its policy on allowing deferral of frontage improvements for short plats meeting established criteria; Nur and WHEREAS, Ordinance 5170 eliminated the process of deferral by restrictive covenant requiring cost contribution for improvements from future property owners, replacing this with the requirement that the sub divider pay an up-front fee in lieu of required street improvements; and WHEREAS, there remain many properties with restrictive covenants recorded which require the owners to financially participate in a Local Improvement District or City initiated capital improvement project that provides street frontage improvements; and WHEREAS, the costs to property owners to financially participate in these improvements can be significantly higher than the costs sustained by current sub dividers who pay an up-front fee in lieu of required street improvements; and 1 ORDINANCE NO. WHEREAS, in order to make the costs of financially participating in a Local Improvement District or a City capital improvement project that provides street frontage improvements more affordable and consistent with the costs of the fee in lieu of required street improvements; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 4-9-060C.9, Fee in Lieu of Required Street Improvements, of Chapter 9, Permits — Specific, of Title IV (Development Regulations) of Ordinance 4260 entitled "Code of General Ordinances City of Renton, Washington," is hereby amended by adding a new subsection, to read as follows: g. Cost Contribution toward a City Capital Improvement Project for Properties in which Frontage Improvements have been deferred by Restrictive Covenant. Where restrictive covenants have been recorded against a property, requiring the property owner to pay their fair share of street frontage improvements installed as part of a Local hnprovement District (LID) or a City capital improvement project and the City undertakes such capital improvement project, the owners of said properties shall pay the City an amount consistent with RMC 4-9-060C.9.d, Amount of Payment of Fee in lieu of Street Improvements. This assessment must be paid in full within one year following notice from the City of such assessment, or the payment may be paid over a ten (10) year period, with three percent (3%) per annum interest on the unpaid balance. For payment over time, the owner shall receive a bill from the City for one-tenth (1/10th) of the unpaid balance plus interest. The first yearly payment must be paid within one ,01100 2 ORDINANCE NO. year following the initial notice from the City of the assessment. Payments over *re time shall become a lien against the property. A notice of such lien specifying the charge, the period covered by the charge, and giving the address and property identification (PID) number shall be filed with the office of the King County Auditor. When the payment has been received by the City in full, a certificate of payment will be recorded with King County. SECTION II. This Ordinance shall be effective upon its passage, approval, and thirty days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk lisof APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1499:09/08/08:scr 3 1st ' I/.-aoae CITY OF RENTON, WASHINGTON Now ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 1, GARBAGE, OF TITLE VIII (HEALTH & SANITATION) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," RELATED TO YEAR 2009 SERVICES AND UTILITY RATES FOR ALL CUSTOMER CLASSES. THE CITY COUNCIL OF THE CITY OF RENTON WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 8-1-10, Rates for Services, of Chapter 1, Garbage, of Title VIII (Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: 8-1-10: RATES FOR SERVICES: The following schedule is hereby adopted as the monthly charges to be paid to the °sae✓ City for services rendered in each category: A. Residential Customers: 1. For garbage cans, carts, and/or garbage units: Every Other Week Garbage & Recycling, 2009 Renton Weekly Yard Waste & Food Scraps SWU Monthly Service Level Rates Mini Cart (20 Gallon) $11.20 35 Gallon Contractor Cart $18.41 45 Gallon Contractor Cart $23.21 64 Gallon Contractor Cart $32.32 96 Gallon Contractor Cart $47.70 Senior Mini Cart Rate (75% subsidy)/Existing $2.80 Senior Mini Cart Rate (50% subsidy) $5.60 Senior 35 Gallon Cart Rate (50% subsidy) $9.21 Senior 45 Gallon Cart Rate (50% subsidy) $11.61 Senior 64 Gallon Cart Rate (50% subsidy) $16.16 Senior 96 Gallon Cart Rate (50% subsidy) $23.85 �.i. Extra garbage, up to 15 gallons per unit/per pickup $3.42 1 ORDINANCE NO. Extra yard waste cart rental $1.90 Return Trip Charge per pickup $4.97 2. Residential customers are allowed to change their garbage service level once per year without incurring an administrative fee. Each garbage service level change per year above the once per year allowance will result in an administrative fee of$25.00. The one-year period shall begin January 1 and shall end December 31 each year. 3. Senior and/or disabled customers who qualified under Section 8-4-31 C of this Title for low-income rates for 75% subsidy prior to May 31, 2008, are eligible for a $2.80 fee for 20 Gallon Mini Cart service. For services other than Mini Cart service, the rate schedule as provided in Section 8-1-10A.1. will apply. All senior and/or disabled customers qualifying under Section 8-4-31 C for low income rates after May 31, 2008, are eligible for a 50% subsidy of the charges for the service level selected. 4. Premium Weekly Collection: Single-family residential customers may elect to have their garbage collected weekly for an additional fee of$18.80 per month. This fee will be added to the monthly garbage billing as an extra Premium Service Fee. 5. Miscellaneous Services: The City of Renton offers miscellaneous services at the following rates: Services Cost per Pick Up On-Call Bulky Waste Collection White Goods, except Refrigerators/Freezers/unit $60.19 Refrigerators/Freezers per unit $64.40 Sofas/Chairs per unit $55.97 Mattresses per unit $53.87 2 ORDINANCE NO. B. Commercial Customers: 1. Garbage Carts: Customers have the following Contractor cart-based services available: 2009 SWU Commercial Service Level Monthly Rates One 20 Gallon Mini Cart $32.85 Weekly One 35 Gallon Garbage Cart $36.52 Commercial One 64 Gallon Contractor Cart $46.93 Can and One 96 Gallon Contractor Cart $57.64 Cart Extra Cans or Units $5.64 Weekly Yard Waste Collection Cart $37.61 2. Hydraulically Handled Containers 1 — 8 Yards: The rate for the handling of hydraulically handled containers approved by the City's contractor and the City for use by commercial, industrial and multiple-family residence establishments Now shall be as follows: a. Monthly Rates: 2009 SWU Commercial Service Level Monthly Rates Commercial 1 Cubic Yard, 1 pickup/week $98.57 Detachable 1 Cubic Yard, 2 pickups/week $185.12 Container 1 Cubic Yard, 3 pickups/week $271.68 (loose) 1 Cubic Yard, 4 pickups/week $358.23 1 Cubic Yard, 5 pickups/week $444.78 1.5 Cubic Yard, 1 pickup/week $135.12 1.5 Cubic Yard, 2 pickups/week $258.23 1.5 Cubic Yard, 3 pickups/week $381.34 1.5 Cubic Yard, 4 pickups/week $504.45 1.5 Cubic Yard, 5 pickups/week $627.55 2 Cubic Yard, 1 pickup/week $170.35 2 Cubic Yard, 2 pickups/week $328.68 2 Cubic Yard, 3 pickups/week $487.01 2 Cubic Yard, 4 pickups/week $645.34 2 Cubic Yard, 5 pickups/week $803.67 Now3 I ORDINANCE NO. 3 Cubic Yard, 1 pickup/week $242.38 3 Cubic Yard, 2 pickups/week $472.75 3 Cubic Yard, 3 pickups/week $703.12 3 Cubic Yard, 4 pickups/week $933.49 3 Cubic Yard, 5 pickups/week $1,163.86 4 Cubic Yard, 1 pickup/week $314.29 4 Cubic Yard, 2 pickups/week $616.57 4 Cubic Yard, 3 pickups/week $918.86 4 Cubic Yard, 4 pickups/week $1,221.13 4 Cubic Yard, 5 pickups/week $1,523.41 6 Cubic Yard, 1 pickup/week $456.00 6 Cubic Yard, 2 pickups/week $899.99 6 Cubic Yard, 3 pickups/week $1,343.98 6 Cubic Yard, 4 pickups/week $1,787.97 6 Cubic Yard, 5 pickups/week $2,231.96 8 Cubic Yard, 1 pickup/week $596.87 8 Cubic Yard, 2 pickups/week $1,181.73 8 Cubic Yard, 3 pickups/week $1,766.58 8 Cubic Yard, 4 pickups/week $2,351.44 8 Cubic Yard, 5 pickups/week $2,936.30 Extra loose cubic yard, per pickup $19.97 .400 2009 SWU Commercial Service Level j Monthly Rates Commercial 1 Cubic Yard Compactor $235.09 Detachable 1.5 Cubic Yard Compactor $339.73 Container 2 Cubic Yard Compactor $436.62 (Compacted) 3 Cubic Yard Compactor $643.03 4 Cubic Yard Compactor $849.71 6 Cubic Yard Compactor $1,262.47 b. Rental Rates: Rental rates for 1 — 8 yard containers will be paid in the monthly rates. c. Minimum Pickups: Minimum pickups for containers and compactors between 1 — 8 yards will be once per week. 3. Temporary containers are rented and billings are handled directly by Waste Management, Inc. 4 ORDINANCE NO. 4. Extra Charges: New a. The following extra charges will apply for Commercial Services: Commercial Extra Service Fees Commercial Cart Carry out charge if> 50 feet (per time) $6.70 Additional Roll out fees over 25ft., from point of safe truck access/pickup $3.71 Unlocking & locking Gates and/or container lids, per pickup $3.84 Return Trip for containers not available for collection at regularly scheduled pickup time $29.51 b. Any extra yardage charges determined by the collection contractor due to overflowing containers will be charged per yard at the one yard rate listed under Section 8-1-10B.2.a. 5. Special Services: Whenever special services not contained within this schedule are required, the rate charged for those special services shall be negotiated by the customer with the City and the collection contractor. C. Commercial Roll Off Customers: Commercial Roll Off Customers are those who have a 10 —40 Yard container or compactor. These large disposal containers are lifted and weighed at the disposal facility. Commercial container customers pay a disposal pickup fee based upon the number of pickups, a weight based fee and a container rental fee. Compactor customers pay a pickup fee based upon the number of pickups and a weight based disposal fee. 1. Base Pick Up Fees: The base pick up fees are as follows on a per occurrence basis: Commercial Roll Off Rates are Per Pickup 10 Yard Container $182.97 15 Yard Container $196.39 20 Yard Container $201.78 30 Yard Container $218.76 *m, 40 Yard Container $234.13 5 ORDINANCE NO. 10 Yard Compactor $208.23 20 Yard Compactor $225.00 30 Yard Compactor $241.82 40 Yard Compactor $256.86 The minimum pickups are twice per month. 2. Rental Rates: The following are rental rates for roll off containers: Monthly Rental Rates 10 Yard Container $41.75 15 Yard Container $59.59 20 Yard Container $77.41 30 Yard Container $95.26 40 Yard Container $117.39 3. Disposal Fees: In addition to the Base Charge per pick up and the monthly rental fee, the customer must pay weight based disposal fees plus applicable tax. D. (Rep. by Ord. 4898, 3-19-2001) E. Classification and Appeal: Service category classifications shall be on the basis of the type and volume of solid waste and the purpose and type of the dwelling or facility being served as determined by the Public Works Administrator of the City, or the Administrator's duly authorized representative. Any person who shall deem their classification improper may appeal to the Solid Waste Coordinator within forty five (45) days following their classification or change of classification. After the decision of the Solid Waste Coordinator, if the party appealing is still aggrieved, then the party may appeal to the Public Works Administrator, whose decision shall be final. NIS 6 ORDINANCE NO. SECTION II. These rates become effective with billings computed on or after January 1, 2009. SECTION III. This ordinance shall be effective January 1, 2009. . -"*"" PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: low Lawrence J. Warren, City Attorney Date of Publication: ORD.1510:10/27/08:scr Nome 7