HomeMy WebLinkAboutCity Council Regular Meeting - 23 Nov 2020 - Minutes - AdoptedNovember 23, 2020 REGULAR COUNCIL MEETING MINUTES
CITY OF RENTON
MINUTES ‐ City Council Regular Meeting
7:00 PM ‐ Monday, November 23, 2020
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
CALL TO ORDER
Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM.
ROLL CALL
Councilmembers Present:
Ruth Pérez, Council President
Randy Corman, Council Position No. 1
Angelina Benedetti, Council Position No. 2
Valerie O'Halloran, Council Position No. 3
Ryan McIrvin, Council Position No. 4
Ed Prince, Council Position No. 5
Kim‐Khánh Vǎn, Council Position No. 7
(All councilmembers attended remotely)
Councilmembers Absent:
ADMINISTRATIVE STAFF PRESENT
Armondo Pavone, Mayor
Alex Tuttle, Assistant City Attorney
Jason Seth, City Clerk
Julia Medzegian, Council Liaison
Kristi Rowland, Organizational Development Manager
Preeti Shridhar, Deputy Public Affairs Administrator
Chip Vincent, Community & Economic Development Administrator
Martin Pastucha, Public Works Administrator
Ellen Bradley‐Mak, Human Resources and Risk Management Administrator
Kelly Beymer, Community Services Administrator
Cliff Long, Economic Development Director
Ron Straka, Utility Systems Director
Paul Hintz, Senior Planner
Angie Mathias, Long Range Planning Manager
Ian Gray, Urban Forestry and Natural Resources Manager
November 23, 2020 REGULAR COUNCIL MEETING MINUTES
Chief Ed VanValey, Police Department Administrator
Melissa Day, Administrative Assistant – Police Department
Commander Tracy Wilkinson, Police Department
(All City staff attended remotely except City Clerk Seth)
PUBLIC HEARING
a) Emergency ORD – Interim Zoning Controls ‐ Homeless Shelters: This being the date set, and
proper notices having been posted and published in accordance with local and State laws,
Mayor Pavone opened the public hearing to consider updating the Renton Municipal Code
(RMC) with an emergency ordinance regarding Interim Zoning Controls for homeless shelters.
Senior Planner Paul Hintz introduced himself to Council and noted his contact information for
the public. He reported that staff is recommending adoption of an emergency ordinance to:
1) Clarify Renton Municipal Code (RMC) land use definitions, and remove one land use;
2) Clarify and correct text related to Title IV’s unclassified use interpretation process, the
distinctions between “principal” and “accessory” uses, and staff titles;
3) Allow a single COVID‐19 De‐intensification Shelter for a limited term; and
4) Add the following land uses along with approval criteria/standards, and zoning
locational and scale limitations: “extended‐stay hotel” and “homeless services use.”
Mr. Hintz reviewed background information on this matter including the World Health
Organization’s announcement of the novel coronavirus (COVID‐19) global pandemic, King
County’s Local Health Officer authorizing King County to use only “legally available” resources
to “de‐intensify or reduce the density of existing homelessness shelters and encampments” in
response to the COVID‐19 pandemic, and that on or about April 9, 2020, in coordination with
King County and under King County’s lease with the Red Lion Hotel and Convention Center
(located at 1 S Grady Way), the Downtown Emergency Service Center (DESC) began using the
Red Lion Site as a COVID‐19 de‐intensification shelter for persons experiencing homelessness.
Mr. Hintz reported that city staff immediately made the following land use and zoning
determinations regarding the COVID‐19 shelter:
1) A “Hotel” is the only lawfully established land use on the Red Lion Site;
2) The COVID‐19 Shelter does not meet the RMC’s definition of a “Hotel”;
3) A “de‐intensification shelter” is not a recognized land use in RMC; and
4) A “diversion facility / diversion interim service facility” or “congregate residence” are
the only land use most similar to the COVID‐19 Shelter and neither of those land uses
are allowed within the Red Lion Site’s Commercial Arterial (CA) zone.
Continuing to review the matter’s background information, Mr. Hintz noted that attempts to
negotiate a Memorandum of Understanding (MOU) with King County for an agreed upon date
to terminate use of the Red Lion Site ended without commitment, subsequent to the MOU
negotiations dissolving, the City issued a two‐count Finding of Violation (FOV) for 1) land use
not allowed in zoning designation, and 2) operating without a City of Renton business license,
and King County and Red Lion Site owners both requested a hearing before the City’s Hearing
Examiner to challenge the FOV which was held on August 14, 2020, with DESC also
November 23, 2020 REGULAR COUNCIL MEETING MINUTES
participating in the hearing. (King County, DESC, and the Red Lion Site ownership are referred
to as the “shelter operators”).
Mr. Hintz also reported that a paraphrased argument from the shelter operators is that the
COVID‐19 Shelter is a hotel, and the City’s paraphrased argument is 1) the COVID‐19 Shelter
does not meet the definition of a “hotel” land use, 2) the COVID‐19 Shelter’s operations
appeared to most closely align with the RMC definitions for the “diversion facility / diversion
interim service facility” land use or the “congregate residence” land use, and 3) neither the
“diversion facility / diversion interim service facility” land use nor the “congregate residence”
land use is allowed within the CA zone (which is the Red Lion Site’s zoning designation).
Mr. Hintz also reported that the Hearing Examiner issued written decisions on the matter on
August 31, 2020 and October 2, 2020 and directed the shelter operators to either cease the
current use of the Red Lion Site within 60 days or to apply to the City for an “unclassified use”
interpretation. He noted that the Hearing Examiner opined that City staff will likely determine
that the outcome of the unclassified use interpretation may be to deem the COVID‐19 Shelter
a “Hotel” land use, a “Social Service Organizations” land use, or a combination of the two. Mr.
Hintz pointed out that the Hearing Examiner’s decision also noted in part that “The most
compelling reason to disagree with the City’s 30‐day interpretation (regarding Hotel uses) is
simply that the Renton City Council didn’t expressly adopt a 30‐day limit for hotel stays,” and
regarding the “social services organizations” land use, the Hearing Examiner’s decision states
in part “There is the argument to be made that added overnight shelter use (to a “social
services organizations” use which only expressly allows “day shelter” use) could reduce the
impacts of a day shelter and thereby make a conditional use permit unnecessary. If the
Council considered an overnight shelter a more benign use than a day shelter, it would have
expressly authorized it as a permitted use elsewhere in the use table.”
Concluding, Mr. Hintz reported the staff recommendations for Council action:
1) Clarify RMC land use definitions, and remove one land use:
a. Social Services Organization
i. Define as: “Public or nonprofit agencies that provide counseling,
therapy, job training, educational classes, food banks, clothing banks,
or other social or human services to persons needing such services
but do not provide crisis intervention, day or overnight shelter, or
case management.”
1. Hearing Examiner Conditional Use Permit (CUP) approval in R‐
14, Residential Multi‐Family (RMF), industrial zones,
Commercial Neighborhood (CN), Center Village (CV),
Commercial Arterial (CA), Commercial Downtown (CD),
Commercial Office (CO), and Commercial Office Residential
(COR) zones (no change recommended).
b. Hotel:
i. Define as: “A building or portion thereof wherein a majority of the
net floor area is dedicated for the rental of rooms for transient
occupancy for sleeping purposes in exchange for payment, and
typically based on a per night and per room basis for no more than 30
days. For the purposes of this definition, “transient” means less than
November 23, 2020 REGULAR COUNCIL MEETING MINUTES
one month, or less than 30 continuous days if the rental period does
not begin on the first day of the month. Hotel structures are at least
two stories in height, with lodging space above the first floor. Lodging
space may also be located on the first floor. Individual rooms are
accessed from a common hallway and include permanent provisions
for sanitation but do not include kitchen facilities. A commercial
kitchen and dining room catering to the hotel patrons may be
provided, event space, eating and drinking establishments, and
accessory shops and services typically located in or provided by hotels
and catering to the general public may be provided.”
1. Permitted outright in all industrial zones west of Rainier/167,
and all commercial zones except CN (no change
recommended).
c. Diversion Facility and Diversion Interim Service Facility
i. Define as: “A facility that provides inpatient healthcare for individuals
that are self‐admitted or ordered, diverted, or referred from jails,
hospitals, doctors or similar treatment facilities or professionals, or by
first responders in King County including law enforcement, first
responders, hospital emergency department social workers, and
similar professionals. Services may include an array of inpatient
healthcare treatment and support services including but not limited
to screening and assessment, psychological counseling, case
management, crisis management, detox services, substance use and
trauma‐related treatment services, behavioral/mental health care,
medical isolation, care, or treatment, counseling, respite services and
various levels of accommodations for sleeping purposes. Some
outpatient healthcare services may be provided.”
1. Hearing Examiner Conditional Use Permit (CUP) approval in
the Medium Industrial (IM) and Heavy Industrial (IH) zones
south of I‐405 (no change recommended).
2. Limited to 100 individuals.
3. Remove the “Diversion Interim Service Facility” land use.
2) Clarify and correct text related to Title IV’s unclassified use interpretation process, the
distinctions between “principal” and “accessory” uses, and staff titles.
a. Principal Uses: Permitted uses are distinct from other uses listed separately in
RMC 4‐2‐060, Zoning Use Table – Uses Allowed in Zoning Designations and/or
as defined.
b. Accessory Uses: Some accessory uses are specifically listed, whereas other
accessory uses are determined by the Administrator on a case‐by‐case basis.
c. Unclassified Uses: The Administrator, upon a proposed unclassified use, shall
indicate which zones, if any, do permit the use and may impose locational
restrictions and development standards.
d. Unclassified Use Criteria: The Administrator must find the use is in keeping
with the purpose and intent of the zone, the Renton Comprehensive Plan
policies and other adopted plans as may be applicable.
3) Allow a single COVID‐19 de‐intensification shelter for a limited term.
a. Define as: “Facility (whether situated inside or outside a building or a portion
of a building) used for the relocation of homeless shelters and encampments
November 23, 2020 REGULAR COUNCIL MEETING MINUTES
for the purposes of de‐intensifying or reducing density in response to the
novel coronavirus (COVID‐19) pandemic.
i. No more than one may operate within the CA zone.
ii. After June 1, 2021, no COVID‐19 de‐intensification shelter shall serve
more than 100 individuals at a time.
iii. No COVID‐19 de‐intensification shelter may operate within the CA
zone after the expiration of the interim zoning controls, unless City
Council extends the allowance for such facility.
4) Add the following land uses along with approval criteria/standards, and zoning
locational and scale limitations: “extended‐stay hotel” and “homeless services use”
a. Extended‐stay Hotel: Same definition as “hotel” except: Kitchen and
sanitation may be provided in individual rooms, unlike hotels where kitchen
facilities in individual rooms are prohibited. No limits on length of stay.
i. Permitted outright in all industrial zones and the CO zone west of
Rainier/167. Permitted outright in the COR zone.
b. Homeless Services Use (i.e. day shelters and overnight shelters)
i. Based on Bellevue’s Municipal Code for Homeless Services Use;
ii. Proposed for the Light Industrial (IL), IM, IH, CV, CO, and CA zones;
iii. Hearing Examiner Conditional Use Permit (CUP) approval, and limited
to 100 individuals for overnight shelters;
iv. Shelters with more than 50 beds must be separated from other
Homeless Services Uses by at least ½ mile;
v. Requires pre‐application submittal of all submittal material;
vi. Requires pre‐application community meeting; and
vii. Requires pre‐application site and building inspection.
1. Submittal Materials: Narrative, procedures, and plans to
address potential issues based on the homeless population(s)
served (e.g., code of conduct, security, maintenance,
method(s) of communication to the community, City
Departments and local and state law enforcement).
2. Minimum General Requirements:
a. Adequate toilet, bathing, sleeping, laundry and
storage facilities;
b. Access to Wi‐Fi for occupants of the homeless
services use;
c. Recycling and solid waste collection facilities to meet
the demands;
d. Designated smoking areas located a minimum of 25
feet from perimeter of property lines;
e. Front desk staff provided during operating hours for
each homeless services use;
f. Designated and dignified privacy areas (e.g., lactation
rooms, medical/counseling rooms, etc.);
g. A permanent address and mailroom; and
h. A final safety and security plan
3. Minimum Day Shelter Requirements:
a. Access to electrical outlets to meet the demands
anticipated.
November 23, 2020 REGULAR COUNCIL MEETING MINUTES
4. Minimum Overnight Shelter Requirements:
a. Overnight sleeping accommodations (not to exceed
100 beds).
b. A dedicated electrical outlet for every occupant of a
permanent bed.
5. Design:
a. Crime Prevention Through Environmental Design
(CPTED). Examples include: Visibility of entrance and
exit points to and from any structure; open and well‐
lighted pedestrian connections; and video
surveillance of entrance and exit points.
6. Common Areas:
a. Common areas shall be provided to enhance resident
enjoyment through inclusion features such as
libraries, roof decks, patios, and gardens.
7. Mitigation Measures:
a. The City may impose conditions relating to the
development, design, use, or operation of a homeless
services use to mitigate environmental, public safety,
or other identifiable impacts.
8. Independent Technical Review:
a. The City may require the applicant to pay for
independent technical review by a consultant
retained by the City for review of materials submitted
by the applicant to demonstrate compliance with the
requirements.
Mayor Pavone invited public testimony:
Howard Schneiderman, attorney for King County, noted that he had submitted
written comments objecting to the adoption of the recommended ordinance.
Lisa Chait Rahman, attorney for DESC, noted that she had submitted written
comments objecting to the adoption of the recommended ordinance.
Allison Eisinger, Director of the Coalition on Homelessness, objected to the adoption
of the recommended ordinance.
Sumeer Singla, attorney for the owners of the Red Lion Hotel, objected to the
adoption of the recommended ordinance.
Daniel Malone, Executive Director of DESC, objected to the adoption of the
recommended ordinance, and emphasized that the City could have worked with the
service agencies to develop an ordinance that works for all parties involved.
Sara Cohn, from Washington Low‐Income Housing Alliance, objected to the adoption
of the recommended ordinance.
Sasha Pollock, Seattle, opposed the adoption of the recommended ordinance.
Alex Brennan, Executive Director of Futurewise, objected to the adoption of the
recommended ordinance.
Diane Dobson, CEO of the Renton Chamber of Commerce, explained that the City and
the Chamber had invited King County staff and officials to discuss options about the
November 23, 2020 REGULAR COUNCIL MEETING MINUTES
use of the Red Lion Hotel as a deintensification at community meetings but had been
dismissed. She thanked City staff and officials for working towards lessening the
impact of the shelter on the community.
Lindsey Grad, Legislative Director for SEIU, opposed the adoption of the
recommended ordinance.
Krysta Strasbaugh, Renton, objected to the adoption of the recommended ordinance.
City Clerk Seth noted for the record that correspondence regarding this issue had
been received from Sumeer Singla, Dr. Jeffrey Durchin, Lisa Chait Rahman, Shannon
Braddock, Lindsey Grad, Marty Kooistra and Patience Malaba, and had been
forwarded to the Council and Administration. He noted that the correspondence is
available to the public by request from the City Clerk Division.
There being no further public comments or discussion, it was
MOVED BY CORMAN, SECONDED BY PÉREZ, COUNCIL CLOSE THE ORAL
TESTIMONY PORTION AND KEEP THE PUBLIC HEARING OPEN TO ACCEPT WRITTEN
TESTIMONY, WHICH CAN BE DELIVERED TO CITYCLERK@RENTONWA.GOV, UNTIL
5:00 P.M. NOVEMBER 30, 2020 DECEMBER 1, 2020.**
Councilmember McIrvin remarked that additional time may be needed due to the
upcoming Thanksgiving Holiday.
MOVED BY CORMAN, SECONDED BY PÉREZ, COUNCIL AMEND THE MOTION TO
STRIKE NOVEMBER 30, 2020 AND INSERT DECEMBER 1, 2020. CARRIED.
**MAIN MOTION CARRIED AS AMENDED.
ADMINISTRATIVE REPORT
City Clerk Jason Seth reviewed a written administrative report summarizing the City’s recent
progress towards goals and work programs adopted as part of its business plan for 2020 and
beyond. Items noted were:
Start your holiday shopping season with Small Business Saturday on November 28.
Renton’s small businesses are offering incentives to shop locally. The Renton
Downtown Partnership is providing free goodie bags to shoppers who spend $10 or
more at downtown merchants. The bags will include coupons, promotions, and
surprise treats, and will be available throughout the shopping season while supplies
last. Renton residents can win a Winter Staycation that includes a one‐night stay for
two at a Renton hotel as well as dining and shopping credits. All you have to do is
patronize a store or restaurant in Renton that is new to you. Post photos on your
Facebook or Instagram account during November and December and tag them with
#RentonHolidays. Each post gets you one entry, so the more you post, the more
chances to win.
Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
November 23, 2020 REGULAR COUNCIL MEETING MINUTES
AUDIENCE COMMENTS
Diane Dobson, CEO of Renton Chamber of Commerce, thanked City officials and staff
for their hard work during the pandemic.
Paul Hagen, Renton, objected to the adoption of the ordinance amending City Code
regarding homeless shelters.
Joseph Todd, Renton, objected to the adoption of the ordinance amending City code
regarding homeless shelters.
CONSENT AGENDA
Items listed on the Consent Agenda were adopted with one motion, following the listing. Councilmember
Corman requested that Item 6.c be removed for separate consideration.
a) Approval of Council Meeting minutes of November 16, 2020. Council Concur.
b) AB ‐ 2765 City Clerk recommended acceptance of the appraisal of Street Vacation Petition
VAC‐20‐001, with CITC (Construction Industry Training Center) for a one‐foot wide strip of
right‐of‐way, located near 1300 Bronson Way N and situated east of Garden Ave N, west of
Meadow Ave N, north of Bronson Way N, and south of N 2nd St, and submitted the staff
recommendation to set the compensation at zero dollars ($0). Refer to Transportation
(Aviation) Committee.
d) AB ‐ 2767 Community Services Department requested authorization to utilize approximately
$76,535 of the $261,505 Best Start for Kids grant to increase a term‐limited position from
0.50 FTE (full‐time equivalent) position to 0.75 FTE beginning January 1, 2021, and extending
the term of the position through December 31, 2021. Council Concur.
e) AB ‐ 2764 Community Services Department recommended approval of an agreement with the
Davey Resource Group, Inc., in the amount of $134,400, for certified arborist services for
2021. Refer to Finance Committee.
f) AB ‐ 2748 Human Resources / Risk Management Department recommended approval of the
2021‐2022 liability insurance renewal, with Alliant Insurance Services, in the estimated
amount of $480,000. Refer to Finance Committee.
MOVED BY PÉREZ, SECONDED BY CORMAN, COUNCIL CONCUR TO APPROVE THE
CONSENT AGENDA, MINUS ITEM 6.c. CARRIED.
SEPARATE CONSIDERATION ITEM 6.c
c) AB ‐ 2766 Community & Economic Development Department recommended approval of an
emergency ordinance adopting interim zoning controls to amend Renton Municipal Code to
add "homeless services use" and "extended‐stay hotel" as land uses along with associated
definitions, applicable standards, and identified zones in which the uses are permitted,
conditionally permitted or prohibited, as well as clarifying definitions of "diversion facility,"
"hotel," and "social service organization," while eliminating the definition of "diversion
interim service facility;" and additionally recommending allowing a single COVID‐19 de‐
intensification facility in the Commercial Arterial (CA) zone for a temporary period. Council
Concur.
MOVED BY CORMAN, SECONDED BY PRINCE, COUNCIL REFER ITEM 6.c TO THE
DECEMBER 7, 2020 COUNCIL MEETING. CARRIED.
November 23, 2020 REGULAR COUNCIL MEETING MINUTES
UNFINISHED BUSINESS
a) Committee of the Whole Council President Perez presented a report recommending
concurrence with the recommendation of the Administration to adopt the 2021 State Legislative,
Regional, and Federal Priorities as presented. The 2021 State Legislative Agenda and the 2021
State Support/Oppose Bills handout serves as a guidance for city staff as it works with the
legislature to achieve the city's goals. Additionally, the 2021 Regional and Federal Affairs Agenda
outlines the city's priorities and key issues related to the other government agencies and
jurisdictions that it coordinates with and that impact community. The Committee further
authorizes the Administration to work with state, local and federal agencies and the Legislature
to advances these Priorities and that the resolution regarding this matter be presented when it is
ready.
MOVED BY PÉREZ, SECONDED BY CORMAN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
b) Finance Committee Chair Prince presented a report concurring in the staff recommendation to
approve the following payments:
1. Accounts Payable – total payment of $6,484,248.35 for vouchers, 10203‐10216,
388281‐388282, 388285‐388534; payroll benefit withholding vouchers 6418‐6437,
388564‐388572 and two wire transfers.
2. Payroll – total payment of $1,505,924.28 for payroll vouchers that include 566 direct
deposits. (10/16/20‐10/31/20 pay period).
3. Kidder Mathews vouchers 6223 ‐ 6240 totaling $64,404.60.
MOVED BY PRINCE, SECONDED BY VǍN, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
c) Finance Committee Chair Prince presented a report concurring in the staff recommendation to
approve an amendment in the 2020 year end budget in the amount of $12,166,453 for an
amended total of $845,857,129.
MOVED BY PRINCE, SECONDED BY VǍN, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
d) Finance Committee Chair Prince presented a report concurring in the staff recommendation to
authorize the Mayor and City Clerk to execute the Local Agency Agreement Supplement No. 3 to
CAG‐14‐066 with the Washington State Department of Transportation for the obligation of grant
funding and all subsequent agreements necessary to accomplish the Lake Washington Loop Trail
Phase 3 Project.
MOVED BY PRINCE, SECONDED BY VǍN, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
e) Finance Committee Chair Prince presented a report concurring in the staff recommendation to
approve the purchase of the Pure Network Storage System, including 24 months of support
subscription, installation, delivery and taxes from Ivoxy Consulting Inc. and per State of
Washington Participating State Contract in the amount of $247,977.61.
MOVED BY PRINCE, SECONDED BY VǍN, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
November 23, 2020 REGULAR COUNCIL MEETING MINUTES
LEGISLATION
Ordinance for first reading:
a) Ordinance No. 5995: An ordinance was read amending the City of Renton fiscal years
2019/2020 Biennial Budget as adopted by Ordinance No. 5898, in the amount of $12,166,453,
adopting an amended 2020 City of Renton Salary Table, and establishing an effective date.
MOVED BY PRINCE, SECONDED BY VǍN, COUNCIL REFER THE ORDINANCE FOR
SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
NEW BUSINESS
Please see the attached Council Committee Meeting Calendar.
ADJOURNMENT
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED. TIME:
8:26 P.M.
Jason A. Seth, MMC, City Clerk
Jason Seth, Recorder
23 Nov 2020
Council Committee Meeting Calendar
November 23, 2020
November 30, 2020 No Meetings – FIFTH MONDAY
December 7, 2020 Monday
2:00 PM Committee on Committees, Chair Corman - VIDEOCONFERENCE
1. 2021 Council Committee Assignments
3:00 PM Finance Committee, Chair Prince - VIDEOCONFERENCE
1. Renewal of City’s Liability Insurance
2. Arborist Professional Services Agreement
3. Emerging Issues in Finance
3:30 PM Planning and Development Committee, Chair Corman - VIDEOCONFERENCE
1. City of Renton and King County Growth Targets
2. Emerging Issues in CED
4:30 PM Transportation Committee, Chair McIrvin - VIDEOCONFERENCE
1. Set Compensation for Bronson Way Street Vacation
5:00 PM Committee of the Whole, Chair Pérez - VIDEOCONFERENCE
1. Renton School District Meet and Greet
7:00 PM City Council Meeting, Chair Pérez – VIDEOCONFERENCE