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CITY OF RENTON
AGENDA - City Council Regular Meeting
7:00 PM - Monday, August 8, 2022
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
Please note that this regular meeting of the Renton City Council is being offered as a hybrid
meeting and can be attended in person at the Council Chambers, 7th floor of City Hall, 1055 S
Grady Way, Renton, 98057 or remotely through Zoom.
Zoom Participants: Speakers providing audience comments through Zoom must click the link
to the registration form (linked below), fill it out, and submit it by 5 p.m. on the day of the
Council meeting. The public may also submit comments in writing to cityclerk@rentonwa.gov
by 5 p.m. on the day of the meeting. Registration is not required for those who wish to speak
during public hearings.
Registration for Audience Comment
Registration will be open at all times, but speakers must register by 5 p.m. on the day of a
Council meeting in order to be called upon. Anyone who registers after 5 p.m. on the day of
the Council meeting will not be called upon to speak and will be required to re-register for the
next Council meeting if they wish to speak at that next meeting.
· Request to Speak Registration Form
· You may also copy/paste the following URL into your browser:
https://forms.office.com/g/bTJUj6NrEE
· You may also call 425-430-6501 or email jsubia@rentonwa.gov or
cityclerk@rentonwa.gov to register. Please provide your full name, city of residence, email
address and/or phone number, and topic in your message.
· Instructions for Virtual Attendance
For those wishing to attend by Zoom, please (1) click this link:
https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (or
copy the URL and paste into a web browser) or (2) call-in to the Zoom meeting by dialing 253-
215-8782 and entering 849 3807 2917 Passcode 156708, or (3) call 425-430-6501 by 5 p.m. on
the day of the meeting to request an invite with a link to the meeting.
Those providing audience comments will be limited to 3 minutes each speaker unless an
exception is granted by the Council. Attendees will be muted and not audible to the Council
except during times they are designated to speak. Advance instructions for how to address
the Council will be provided to those who sign up in advance to speak and again during the
meeting.
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PROCLAMATION
a) Farmers Market Week Proclamation - August 7 - 14, 2022
4. ADMINISTRATIVE REPORT
a) Administrative Report
5. AUDIENCE COMMENTS
• All remarks must be addressed to the Council as a whole, if a response is requested
please provide your name and address, including email address, to the City Clerk to
allow for follow‐up.
• Speakers must sign-up prior to the Council meeting.
• Each speaker is allowed three minutes.
• When recognized, please state your name & city of residence for the record.
NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any
ballot measure or candidate in City Hall and/or during any portion of the council meeting,
including the audience comment portion of the meeting, is PROHIBITED.
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 August 1, 2022.
Council Concur
b) AB - 3172 City Clerk reports bid opening on July 7, 2022 for CAG-22-200, 2022 Overlay
Project, and submits the staff recommendation to award the contract to the lowest
responsive and responsible bidder, CPM Development Corporation DBA ICON Materials,
in the amount of $853,488, and requests approval of a budget transfer in the amount of
$401,783 from unassigned fund balance in Fund 317 Transportation Systems Capital
Improvements, to cover all anticipated expenditures for the construction phase of this
project.
Council Concur
c) AB - 3168 Community & Economic Development Department recommends adoption of a
resolution adopting revised bylaws for the Renton Municipal Arts Commission.
Refer to Community Services Committee
d) AB - 3149 Equity, Housing, and Human Services Department recommends adopting a
resolution adopting the bylaws for the Renton Equity Commission.
Refer to Community Services Committee
e) AB - 3166 Public Works Airport recommends approval of a month-to-month lease, with
Airborne Aircraft Management, LLC for the 622 Hangar at the Renton Municipal Airport,
which will have an initial increased annual economic impact of $82,505.64.
Refer to Transportation (Aviation) Committee
f) AB - 3171 Public Works Utility Systems Division submits CAG-21-195, Taylor Ave NW
Storm Improvements project, contractor Iron Creek Construction, LLC, and request
acceptance of the project and authorization to release retainage in the amount of
$9,423.66 after 60 days, once all required State releases have been obtained.
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 further review is necessary.
a) Finance Committee: Vouchers, Sound Publishing Shop Local Program, All is Well Filming
Fee Waiver Request, Washington State Department of Commerce Agreement for the
Connecting Housing to Infrastructure Program
8. LEGISLATION
Ordinances for second and final reading:
a) Ordinance No. 6076: D-197 Tree Regulations (First Reading 8/1/2022)
b) Ordinance No. 6077: D-210 Medical Institutions in EA (First Reading 8/1/2022)
c) Ordinance No. 6078: D-211 Townhome MFTE (First Reading 8/1/2022)
d) Ordinance No. 6079: D-212 Master Plan Timing (First Reading 8/1/2022)
9. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
10. ADJOURNMENT
COMMITTEE OF THE WHOLE MEETING AGENDA
(Preceding Council Meeting)
6:00 p.m. - 7th Floor - Council Chambers/Videoconference
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
To view Council Meetings online, please visit rentonwa.gov/councilmeetings
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Mayor’s Office
Memorandum
DATE: August 8, 2022
TO: Ryan McIrvin, Council President
Members of Renton City Council
FROM: Armondo Pavone, Mayor
Ed VanValey, Chief Administrative Officer
SUBJECT: Administrative Report
• The next pop-up lunch event, sponsored by the Equity, Housing, and Human Services
(EHHS) Department and the Emergency Feeding Program, will be held Tuesday,
August 16 from 12-1:30 p.m. at Liberty Park. Lunch, personal hygiene kits, and socks will
be available to those with food insecurities and/or who are unsheltered.
• “Renton Roots Farm to You” is an eight-week food delivery program to US Service
Veterans who live at Compass Housing Alliance, the Veterans housing facility in Renton.
The program was created by Farmers Market Coordinator Carrie Olson and two of the
City’s AmeriCorps VISTAs—Sophie DeWitt and Victoria Kvitek. On Tuesdays, fresh
produce is purchased at Renton Farmers Market with funds from the Veterans, Seniors
and Human Services Levy (VSHSL) grant. The next day VISTAs, Renton staff and
volunteers, and staff from Compass Housing Alliance create produce packs that are
delivered to 53 participating veterans and their families. Food deliveries will continue
each Wednesday through August. For more information contact Carrie Olson, Farmers
Market Coordinator, at (425) 430-7214 or Carrie Nass, Recreation Director, at (425) 430-
6624.
• Information about preventative street maintenance, traffic impact projects, and road
closures happening this week can be found at http://rentonwa.gov/traffic. All projects
are weather permitting and unless otherwise noted, streets will always remain open.
Preventative street maintenance, traffic impact projects, and road closures will be at the
following locations:
Monday, August 8 through Friday, August 12, 7:00 am to 2:30 pm. Single
intermittent lane closures on the southernmost eastbound lane closure on NE
Sunset Boulevard between Aberdeen Ave NE overpass and Harrington Avenue NE
due to utility construction. Questions may be directed to Brad Stocco, 425-282-
2373.
Monday, August 8 through Friday, August 12, 8:30 am to 3:00 pm. Intermittent
lane closures on Logan Avenue N just south of N 8th Street due to roadway
construction. Questions may be directed to Brad Stocco, 425-282-2373.
AGENDA ITEM #4. a)
Ryan McIrvin, Council President
Members of Renton City Council
Page 2 of 2
August 8, 2022
Monday, August 8 through Friday, August 12, 8:30 am to 3:00 pm. Intermittent
lane closures on N 8th Street between Logan Avenue N and Park Avenue N due to
roadway construction. Questions may be directed to Brad Stocco, 425-282-2373.
Monday, August 8 through Friday, August 12, 8:30 am to 3:00 pm. Intermittent
lane closure at the 4100 block of Lincoln Ave NE due to utility and roadway
construction. Questions may be directed to Kip Braaten, 206-503-1746.
Monday, August 8 through Friday, August 12, 8:30 am to 3:00 pm. Intermittent
lane closures on 116th Avenue SE at SE 188th Street due to roadway and utility
construction. Questions may be directed to Tom Main, 206-999-1833.
Monday, August 8 through Friday, August 12, 8:30am to 3:00 pm. Intermittent lane
closure on NE 10th Street at Jefferson Ave NE due to construction. Questions may be
directed to Kit Braaten, 206-503-1746.
Tuesday, August 9, 7:00 am to 4:00 pm. Eastbound turn lane on SW 43rd from S.
180th St to East Valley Rd will be closed for asphalt repairs.
Wednesday, August 10 and Thursday, August 11, 7:00 am to 4:00 pm. Asphalt
repairs on Benson Rd S between S. 168th St and Puget Dr S. Flaggers will be directing
traffic.
On-going Street Closure through October 4, 2023 (City of Renton Resolution No.
4446). FULL STREET CLOSURE on Sunset Lane NE between NE 10th Street and
Harrington Place NE in support of the Solera Development Project (LUA20-000305).
Questions may be directed to Brad Stocco, 425-282-2373.
AGENDA ITEM #4. a)
August 1, 2022 REGULAR COUNCIL MEETING MINUTES
CITY OF RENTON
MINUTES - City Council Regular Meeting
7:00 PM - Monday, August 1, 2022
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM and led the
Pledge of Allegiance.
ROLL CALL
Councilmembers Present:
Ryan McIrvin, Council President
James Alberson, Jr., Council Position No. 1
Carmen Rivera, Council Position No. 2
Valerie O'Halloran, Council Position No. 3
Ed Prince, Council Position No. 5
Kim-Khánh Vǎn, Council Position No. 7
Councilmembers Absent:
Ruth Pérez, Council Position No. 6
MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL EXCUSE ABSENT
COUNCILMEMBER RUTH PÉREZ. CARRIED.
ADMINISTRATIVE STAFF PRESENT
Armondo Pavone, Mayor
Ed VanValey, Chief Administrative Officer
Shane Moloney, City Attorney
Jason Seth, City Clerk
Kelly Beymer, Parks & Recreation Department Administrator
Maryjane Van Cleave, Equity, Housing, and Human Services Administrator
Paul Hintz, Principal Planner
Commander Dan Figaro, Police Department
Attending Remotely:
Judith Subia, Council Liaison
Chip Vincent, Community & Economic Development Administrator
Kari Roller, Finance Administrator
Martin Pastucha, Public Works Administrator
AGENDA ITEM #6. a)
August 1, 2022 REGULAR COUNCIL MEETING MINUTES
Kristin Trivelas, Fiscal Services Director
Vanessa Dolbee, Planning Director
Kim Gilman, HR Labor Manager
Ron Straka, Public Works Utility Systems Director
April Alexander, Executive Assistant
Aaron Raymond, GIS Analyst II
PUBLIC HEARING
Warehousing and Distribution Moratorium Extension: 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 extending the moratorium on Warehousing
and Distribution Facilities.
Principal Planner Paul Hintz introduced himself to Council and noted his contact information
for the public. He reported that emergency Ordinance 6057 was adopted on February 14,
2022 which established a moratorium on the acceptance of:
• land use applications;
• building permit applications; and
• business license applications for Warehousing and Distribution Facilities.
Ord. 6057 will sunset on August 14, 2022, unless lifted sooner by City Council or extended
pursuant to state law. State law allows moratoriums to be extended for six months after a
public hearing if a work program is developed. Staff have initiated a work program and are
requesting the moratorium be extended until February 1, 2023.
Mr. Hintz reported that Warehousing and Distribution Facilities are only allowed in the City’s
industrial zones, which are intended to implement the Employment Area land use designation
of the City’s Comprehensive Plan. Policy L-18 of the City’s Comprehensive Plan states, in part,
“Employment Areas provide a significant economic development and employment base for
the City. Maintain a variety and balance of uses through zoning that promotes the gradual
transition of uses on sites with good access and visibility to more intensive commercial and
office uses.” He also reported that Warehousing and Distribution Facilities are land-intensive
uses with relatively low numbers of employees, and that trucking associated with such
facilities create significant impacts on local roadways and produce high levels of particulate
pollution. Concluding, Mr. Hintz also reported that taxes collected for these facilities are
insufficient to mitigate their impacts, and that City staff seek adequate time to complete the
initiated work program to determine appropriate zoning, development standards, and impact
fees for Warehousing and Distribution Facilities.
There being no public comments or deliberations, it was
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL CLOSE THE PUBLIC
HEARING. CARRIED.
AGENDA ITEM #6. a)
August 1, 2022 REGULAR COUNCIL MEETING MINUTES
ADMINISTRATIVE REPORT
CAO Ed VanValey reviewed a written administrative report summarizing the City’s recent
progress towards goals and work programs adopted as part of its business plan for 2022 and
beyond. Items noted were:
• Cascade Park Playground is now open! The playground was expanded and relocated
to an area with better drainage and more visibility from 126th Avenue SW. Bright,
new equipment including climbers, steppers, monkey bars, slides, spinners, and
swings provide exciting play opportunities. Final work on the project will occur in
early fall and include installation of site furnishings adjacent to the play area.
Questions may be directed to Betsy Severtsen at 425-757-6657.
• The next pop-up lunch event will be held Tuesday, August 2 from 12 to 1:30 p.m. at
Liberty Park. Lunch and personal hygiene kits will be available to those with food
insecurities and/or who are unsheltered. This event is sponsored by the Equity,
Housing, and Human Services (EHHS) Department and the Emergency Feeding
Program.
• Celebrate National Night Out at Renton Farmers Market on Tuesday, August 2, 2022,
from 3 to 7 pm. National Night Out lets residents across America send a powerful
message about neighborhood unity, awareness, safety, and police-community
partnerships. The event also sends an important message to criminals that our
community is united and dedicated to building a safer and more caring America
(https://natw.org/). Renton police command staff, officers, and staff will be on hand
at Farmers Market to talk about topics of concern for Renton residents. In addition to
getting to better know your department, they’ll be a chance to win prizes, play Plinko,
or participate in a ”stained-glass” art activity. There’s also a K9 Riley coloring contest.
To download the coloring page and entry form instructions, or for more information
on National Night Out, go to rentonwa.gov/nno
• Renton History Museum has just opened a timely new exhibit by Anna Mia Davidson
of photos from Carpathian Mountain villages of Ukraine. In spring 2004, Davidson
traveled to this remote region with special permission from the Ukraine Ministry of
Cultural Affairs to document the mountain people and their traditional ways. Her
photographs depict these proud people and the beautiful natural landscape where
they have lived for centuries. This exhibit is made possible by a grant from Renton
Municipal Arts Commission and will be at the museum until September 16.
• Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
AUDIENCE COMMENTS
• Dr. Peter van Breda, Renton, expressed concern about the increased number of small
aircraft and seaplanes landing and taking off at the Renton Municipal Airport. He
stated he has lived in Renton for many years and the noise from the increased
number of aircraft is so bad he is now thinking of moving.
CONSENT AGENDA
Items listed on the Consent Agenda were adopted with one motion, following the listing.
a) Approval of Council Meeting minutes of July 18, 2022. Council Concur.
AGENDA ITEM #6. a)
August 1, 2022 REGULAR COUNCIL MEETING MINUTES
b) AB - 3169 Human Resources / Risk Management Department recommended appointing
Maryjane Ortiz Van Cleave as the Administrator for the Equity, Housing, and Human Services
(EHHS) Department, at Step A of salary grade m49, effective August 1, 2022; and approval to
transfer the Neighborhood Program and its budget from the Executive Services Department
(ESD) to EHHS, effective August 1, 2022. Council Concur.
c) AB - 3167 Public Works Utility Systems Division recommended approval to execute a grant
agreement with the Department of Commerce, to accept $316,020 in grant funding, for the
Connecting Housing to Infrastructure Program (CHIP). These funds will be used for
reimbursement of waived utility system development charges Council approved for the
Watershed Apartments affordable housing project. Refer to Finance Committee.
MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE THE
CONSENT AGENDA, AS PRESENTED. CARRIED.
LEGISLATION
Ordinance for first reading and advancement to second and final reading:
a) Ordinance No. 6075: An ordinance was read extending by six months the moratorium on land
use, building permit, and business license applications for warehousing and distribution;
setting forth findings of fact in support of said six-month extension; providing for severability;
declaring an emergency; and establishing an immediate effective date.
MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL ADVANCE THE ORDINANCE
FOR SECOND AND FINAL READING AT TONIGHT'S MEETING. CARRIED.
Following second and final reading, it was
MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL ADOPT THE ORDINANCE AS
READ. ROLL CALL: ALL AYES. CARRIED.
Ordinances for first reading:
b) Ordinance No. 6076: An ordinance was read amending Subsections 4-2-110.A, 4-2-110.E.6,
and 4-2-110.E.32; Section 4-4-130; Subsections 4-8-120.D.1 and 4-8-120.D.20; Section 4-9-
195; and definitions in sections 4-11-040, 4-11-120, and 4-11-200; revising tree retention and
land clearing regulations in the Renton Municipal Code; authorizing corrections; providing for
severability; and establishing an effective date.
MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
c) Ordinance No. 6077: An ordinance was read amending Subsections 4-2-020.R, 4-2-060.K, 4-2-
080.A.29, and 4-2-080.A.56, and Section 4-11-130 of the Renton Municipal Code, amending
medical institutions regulations in the Employment Area (EA) land use designation,
authorizing corrections, providing for severability, and establishing an effective date.
MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
d) Ordinance No. 6078: An ordinance was read amending Subsection 4‐1‐220.D.2 of the Renton
Municipal Code, amending multi-family tax exemption housing types, authorizing corrections,
providing for severability, and establishing an effective date.
AGENDA ITEM #6. a)
August 1, 2022 REGULAR COUNCIL MEETING MINUTES
MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
e) Ordinance No. 6079: An ordinance was read amending Subsection 4-9-200.J of the Renton
Municipal Code, setting a time limit of ten years for phased master plans, authorizing
corrections, providing for severability, and establishing an effective date.
MOVED BY PRINCE, SECONDED BY ALBERSON, 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 MCIRVIN, COUNCIL ADJOURN. CARRIED.
TIME: 7:16 P.M.
Jason A. Seth, MMC, City Clerk
Jason Seth, Recorder
01 Aug 2022
AGENDA ITEM #6. a)
Council Committee Meeting Calendar
August 1, 2022
August 8, 2022
Monday
4:00 PM * Finance Committee, Chair O’Halloran
Location: Council Conference Room/Videoconference
1. Sound Publishing Shop Local Program
2. All is Well Filming Fee Waiver Request
3. Washington State Department of Commerce Agreement for the Connecting
Housing to Infrastructure Program
4. Vouchers
CANCELED * Planning & Development Committee, Chair Prince *
Location: Council Conference Room/Videoconference *
1. Docket 17, Group B *
2. Emerging Issues in CED *
6:00 PM Committee of the Whole, Chair McIrvin
Location: Council Chambers/Videoconference
1. Renton Municipal Court State of the Court Address
7:00 PM Council Meeting
Location: Council Chambers/Videoconference
* Revised 08/04/22
AGENDA ITEM #6. a)
AB - 3172
City Council Regular Meeting - 08 Aug 2022
SUBJECT/TITLE: CONTRACT AWARD: 2022 Overlay Project; CAG-22-200
RECOMMENDED ACTION: Council Concur
DEPARTMENT: City Clerk
STAFF CONTACT: Jason Seth, City Clerk
EXT.: 6502
FISCAL IMPACT SUMMARY:
Contract Amount: $853,488.00
Total Project Budget: $1,367,834.17
Engineer's Estimate: $962,728.00
Budget Adjustment Request for Contingency: $401,783
SUMMARY OF ACTION:
The City Clerk Division opened sealed bids for the 2022 Overlay project on Thursday, July 7, 2022. A total of
five bids were received. The bid opening met the following Council Criteria:
1) There was more than one bid.
2) There were no significant irregularities with the lowest responsive and responsible bidder.
However, the project budget is not sufficient to cover all anticipated expenses for the construction phase.
Specifically, engineering services during construction and/or a 15% contingency on the construction contract.
This leaves a potential shortfall of $401,783 for this project. There is sufficient amount of funds in unassigned
fund balance in the 317 Fund - Transportation Systems Capital Improvements, to cover this funding shortfall.
Upon City Council approval, the funds would be allocated as part of the next budget adjustment.
Staff has determined that the bid submitted by CPM Development Corporation DBA ICON Materials, is the
lowest responsive bid and that the bidder is responsible per the mandatory bidder responsibility criteria of
RCW 39.04.350(1). The surety has confirmed with staff that the bid bond submitted by CPM Corporation DBA
ICON Materials is valid.
Therefore, staff recommends awarding the 2022 Overlay Project to the lowest responsive and responsible
bidder, CPM Development Corporation DBA ICON Materials, in the amount of $853,488; and approval of the
recommended budget adjustment.
EXHIBITS:
A. Staff Recommendation Memo
B. TIP #1
C. Clerk Bid Tab
STAFF RECOMMENDATION:
AGENDA ITEM #6. b)
Award the 2022 Overlay Project to the lowest responsive and responsible bidder, CPM Development
Corporation DBA ICON Materials, in the amount of $853,488, and approve a budget transfer in the amount of
$401,783 from unassigned fund balance in Fund 317 Transportation Systems Capital Improvements, to cover
all anticipated expenditures for the construction phase of this project.
AGENDA ITEM #6. b)
Public Works Department
Memorandum
DATE:July 22, 2022
TO:Jason Seth, City Clerk
FROM:Martin Pastucha, Administrator
STAFF CONTACT:Hebé C. Bernardo, Transportation Project Manager
SUBJECT:2022 Overlay Project, Construction Contract CAG-22-200
The Transportation Systems Division recommends award of the construction contract for the 2022
Overlay Project, in the amount of $853,488.00, to CPM Development Corporation DBA ICON Materials,
Inc., 1508 Valentine Ave SE, Pacific, WA, 98047.
Bids for this construction contract were received and opened on Thursday, July 7, 2022. A total of five
(5) bids were submitted and are summarized below:
SUBMITTED BY BID AMOUNT
CPM Development Corporation DBA ICON
Materials $853,488.00
Miles Resources, LLC $1,026,308.00
Central Paving $1,040,071.52
Lakeridge Paving, LLC $1,091,986.00
Lakeside Industries $1,208,902.00
Staff has determined that the bid submitted by CPM Development Corporation DBA ICON Materials, is
the lowest responsive bid and that the bidder is responsible per the mandatory bidder responsibility
criteria of RCW 39.04.350(1). The surety has confirmed with staff that the bid bond submitted by CPM
Development Corporation DBA ICON Materials is valid.
The Engineer’s Estimate for construction was 962,728.00. After analysis of the bids, staff has determined
that the bid submitted by Combined Construction, Inc. is a fair representation of the cost of the work
associated with this project.
The Street Overlay Budget (317.122108) is $1,367,834.17. Project expenditures are listed in the table
below.
AGENDA ITEM #6. b)
Jason Seth
Page 2 of 3
June 22, 2022
Project Contractual Encumbrance
Description Amount Totals Remaining
Funds
Curbramp Agreement: Gray & Osborne- CAG-
19-334
$86,016.43
Previous Supplements $75,267.07
Supplement No. 2 $36,081.80
Total $197,365.30 $46,348.87
2020 Overlay Agreement: Gray and Osborne -
CAG-19-333
$23,565.16
Previous Supplements:1 $54,790.29
This Supplement No. __
Total $78,355.45
CURB RAMPS Construction Contract: CAG-22-
009
$484,228.00
Previous Change Orders:
This Change Order No:$72,634.20
Total $556,862.20
This OVERLAY Construction Contract: CAG-
22-200
$853,488.00
Previous Change Orders:
10 percent contingency $128,023.20
Total $981,511.20
SOFT CAPITAL EXPENSES $100,000.00
Total $100,000.00
Encumbrance Grand Total $1,763,077.72
Project Revenue $1,361,294.69
Remaining Constr. Revenue Budget -$401,783.03
The project budget is not sufficient to cover all anticipated expenses for the CONST phase. Specifically,
Engineering services during construction, or a 15% contingency on the construction contract. This leaves
a potential funding shortfall of -$401,783 for the project.
There is sufficient funding in unassigned fund balance in the Transportation Systems Capital
Improvement 317 Fund to cover this potential funding shortfall. The funds would be allocated as part of
the next budget adjustment. Since there is presently sufficient funding in the 317 Fund to award the
AGENDA ITEM #6. b)
Jason Seth
Page 3 of 3
June 22, 2022
construction contract, we are requesting that the Council award the construction contract to Combined
Construction, Inc. in the amount of $853,488.00.
Attachments: Bid Tabulations
cc: Jim Seitz, Transportation Director
Bob Hanson, Transportation Design Manager
Heather Gregersen, Transportation Program Coordinator
File
AGENDA ITEM #6. b)
TIP NO.-1 STREETOVERLAY
Street Overlay Functional Classification:N/A
Proj.Length:N/A Proj:122108CommunityPlanningArea:N/A TIP No.1 CONTACT:Patrick Zetner 425.430.2270
DESCRIPTION:STATUS:
Annual program for repairing and resurfacing existing roadways.Installation of ADA compliant curb ramps has The 2016 “Pavement Management Program State of the Streets Report”rated the averagebeenincorporatedintotheStreetOverlayPrograminaccordancewithfederalrequirements.This program funds Pavement Condition Index (PCI)as 68.According to the report,$78M will need to be invested inoverlaysonneighborhoodstreetsandcollectorstreets.The Arterial Rehabilitation Program funds principal and pavement rehabilitation in the next 10 years to bring the PCI to 70 and maintain it at that level.Ifminorarterials.funding is kept at the $2.0M/year to PCI will drop to 56 in the next 10 years.This program allocates $100K/yr for the overlay of alleyways.
JUSTIFICATION:CHANGES:
Asphalt concrete pavement (ACP)overlay and slurry seal of streets provide for improved driving surface and are The alley funding for 2016 was allocated to the alley at 5 2nd St and Main Ave S.highly cost-effective ways of avoiding expensive repairs and reconstruction.The Pavement Management System A new source of funding will need to be identified to accommodate any increase in expenditures.and biennial survey of roadway conditions greatly improve the efficiency of the Overlay Program.
Funded:9,507,443 lUnfunded:4,280,000ProjectTotalsProgrammedPre-2018 Six-Year Program
ITEM Programmed Spent In 2016 2017 Total 2018 2019 2020 2021 2022 2023EXPENSES:
Planning
Preliminary Engineering -28,000 4,000 24,000 4,000 4,000 4,000 4,000 4,000 4,000R-O-W (includes Admin)
-Construction 13,308,249 408,249 1,120,000 11,780,000 1,730,000 1,820,000 1,910,000 2,010,000 2,110,000 2,200,000ConstructionServices-451,194 59,194 56,000 336,000 56,000 56,000 56,000 56,000 56,000 56,000PostConstructionServices
TOTAL EXPENSES 13,787,443 467,443 1,180,000 12,140,000 1,790,000 1,880,000 1,970,000 2,070,000 2,170,000 2,260,000SOURCEOFFUNDS:
Vehicle Fuel Tax 5,477,443 467,443 660,000 4,350,000 700,000 710,000 720,000 730,000 740,000 750,000Business&Occupation Share 3,045,000 -335,000 2,710,000 290,000 390,000 450,000 490,000 530,000 560,000ProposedFundBalance185,000 185,000
Grants In-Hand (1)
Grants In-Hand (2)
-Mitigation In-Hand -800,000 .800,000 800,000
Other In-Hand (1)
-Other In-Hand (2)-
-
--
Undetermined 4,280,000 4,280,000 -780,000 800,000 850,000 900,000 950,000TOTALSOURCES13,787,443 467,443 1,180,00(12,140,000 1,790,000 1,880,000 1,970,000 2,070,000 2,170,000 2,260,00C
City of Renton 2018-2023 Transportation Improvement Program
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31 AGENDA ITEM #6. b)
Project: 2022 Overlay Project - CAG-22-200
Due Date: July 7, 2022 at 12:00 p.m.
Opening Date: July 7, 2022 at 2:00 p.m. (Video Conference)
CITY OF RENTON
BID TABULATION SHEET
Bid Total from
Cover Prop Non-Coll Bid Sub Recycle Wage Adden Schedule of Prices
Sheet Prop Sign Dec Bond List Mat Comp 1 *Includes Sales Tax
Central Paving
1410 W. Dolarway Rd
1 Ellensburg x x x x x x x x x $1,040,068.00
WA
98926
Bryce
Harem
ICON Materials
1508 Valentine Ave SE
2 Pacific x x x x x x x x x $853,488.00
WA
98047
Mark
Eichelberger
Lakeridge Paving Co, LLC
PO Box 8500
3 Covington x x x x x x x x x $1,091,986.00
WA
98042
Jon
Cheetham
Bidder
FORMS
Engineer's Estimate $1,096,215.50 AGENDA ITEM #6. b)
Project: 2022 Overlay Project - CAG-22-200
Due Date: July 7, 2022 at 12:00 p.m.
Opening Date: July 7, 2022 at 2:00 p.m. (Video Conference)
CITY OF RENTON
BID TABULATION SHEET
Bid Total from
Cover Prop Non-Coll Bid Sub Recycle Wage Adden Schedule of Prices
Sheet Prop Sign Dec Bond List Mat Comp 1 *Includes Sales Tax
Bidder
FORMS
Lakeside Industries
18808 SE 256th St
4 Covington x x x x x x x x x $1,208,902.00
WA
98042
Craig
Nickel
Miles Resources LLC
400 Valley Ave NE
5 Puyallup x x x x x x x x x $1,026,308.00
WA
98372
Krystal
Amos
6
Engineer's Estimate $1,096,215.50 AGENDA ITEM #6. b)
AB - 3168
City Council Regular Meeting - 08 Aug 2022
SUBJECT/TITLE: Update to the Renton Municipal Arts Commission bylaws
RECOMMENDED ACTION: Refer to Community Services Committee
DEPARTMENT: Community & Economic Development Department
STAFF CONTACT: Jessie Kotarski, Economic Development Manager
EXT.: 7271
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
Staff worked with the City Attorney Department and members from the Renton Municipal Arts Commission (RMAC) to
make revisions to the Bylaws for the RMAC. The final version was presented and reviewed by the Commission at the
regular RMAC meeting on July 5, 2022. After discussion the Bylaws were approved and adopted by the Commission on
July 5, 2022.
EXHIBITS:
A. RMAC Bylaws (redline version)
b. Resolution
STAFF RECOMMENDATION:
Approve the Renton Municipal Arts Commission Bylaws and adopt the Resolution establishing the Bylaws as the
Commission’s document for governing of its members and conducting business.
AGENDA ITEM #6. c)
CITY OF RENTON
MUNICIPAL ARTS COMMISSION
BYLAWS
Established consistent with Title II, Chapter 8, Code of General Ordinances, City of Renton
ARTICLE I
The name of the commission is the RENTON MUNICIPAL ARTS COMMISSION (the Commission).
ARTICLE II
The purpose of the Commission shallwill be as established in Renton Municipal Code (RMC) 2‐8‐
2.
The Commission shall advise the Mayor and City Council on matters of art in fulfillment of the goals
of the City’s Arts and Culture Master Plan and to perform the functions and duties provided for in
RMC 2-8-4 to RMC 2-8-7.
ARTICLE III
1. Membership on the Commission shall be as established in RMC 2‐8‐3.
2. In addition to the removal provisions in RMC 2‐8‐3.C, if any member has missed three or
more consecutive meetings, and such absences are not excused or permitted by the
Commission, the Commission may, by a two‐thirds majority vote of the quorum,
recommend to the Mayor that such member be relieved of office, and the resulting vacancy
be filled as in the case of ansame manner as the original appointment.
3. Commission members are “public officials” and therefore subject to the City’s Code of
Ethics at RMC 1‐6.
ARTICLE IV – OFFICERS AND ELECTIONS
1. The officers of the Commission shall be as established in RMC 2‐8‐3.B, elected from the
entire Commission, and such other officers as the Commission may select and appoint
from time to time.
2. The officers of the Commission shall be elected annually by the members at the
Commission’s first regular meeting in December of each year; term of office will begin
on January 1. If the election of officers is not held at the December meeting, the
election shall be held as soon thereafter as conveniently possible.
3. Unless removed from the Commission, each officer shall serve until a successor has
been duly elected.
4. All officers shall be elected by a majority vote of the quorum.
ARTICLE V – DUTIES OF OFFICERS
AGENDA ITEM #6. c)
1. The ChairmanChair shall presidepreserve decorum and decide all points of order,
subject to appeal to the Commission, at all meetings and serve as an ex officio member
of all committees.
2. The ChairmanChair may call special Commission and/or committee meetings. The
ChairmanChair shall appoint special committees and shall fill vacancies on said
committees as they occur.
3. The Vice Chairman‐chair shall, in the absence of the ChairmanChair, perform the duties
and possess the powers of the ChairmanChair, and, in addition, perform other duties
assigned by the ChairmanChair.
4. The Secretary shall conduct the general correspondence of the Commission, in the
absence of the Chair and Vice‐Chair, perform the duties and possess the powers of the
Chair, and in addition, perform other duties assigned by the Chair.
ARTICLE VI – MEETINGS
1. Meetings of the Commission shall be conducted in compliance with the Open Public
Meeting Act (RCW 42.30) (“OPMA”)
2. Regular meetings of the Commission shall be held on the first Tuesday of each month.
at 6:00 pm at the Renton City Hall 7th Floor Conferencing Center, Room 726.
1.3. Meetings of the Commission shall be cancelled whenever the regular meeting
day falls on a holiday and may be cancelled or changed by action of a majority of the
quorummembers.
2.4. Special meetings of the members may be called by the ChairmanChairperson, or
Vice ChairmanChairperson in absence of the ChairmanChairperson, or by the Mayor
with the concurrence of a majority of the City Council, or by written notice signed by not
less than five members of the Commission, and, in each such case, at least three days’
prior notice shall be given thereof.
5. Remote participation by Commissioners via telephone, internet, or other remote
communication technology is permitted if such remote participation technically feasible
and complies with the OPMA.
6. Any Commissioner who wishes to participate in a meeting by remote communication
shall give as much advanced notice to the staff liaison as possible, prior to the meeting.
7. GENERAL DECORUM:
a. Members: While the Commission is in session, all members must preserve
order, decency and decorum, and no member shall delay or interrupt the
proceedings of the Commission or disturb any member while speaking or refuse
AGENDA ITEM #6. c)
to obey the order of the Presiding Officer. Discussion by members of the
Committee shall relate to the subject matter at hand and shall be relevant and
pertinent to allow for the expeditious disposition and resolution of the business
before the Commission.
b. Staff: Members of the administrative staff, employees of the City and other
persons attending Commission meetings shall observe the same rules of
procedure, decorum, and good conduct applicable to the members of the
Commission.
c. Public Addressing Commission: Any person who impedes, interrupts, or
threatens the proceedings of the Commission may be barred from further
audience before the Commission by the Presiding Officer. An individual may not
return for the remainder of that meeting unless permission is granted by a
majority vote of the Commission quorum in attendance.
d. Use of Email: Email may be used to distribute information to the Commission.
Responses to the full group which stimulate dialogue, discussion of pending
action items are prohibited; such responses should be made during the next
Commission meeting during which a quorum is present.
ARTICLE VII –COMMITTEES
1. The Commission may from time to time establish Committees to assist in the fulfillment
of the Commission’s work, including without limitation, to (i) provide the Commission
with:
a. provide the Commission with readily available expertise regarding the policies
and direction of the Commission, (ii) provide
b. Provide broad community participation in Commission activities, and (iii)
examine
a.c. Examine issues brought before the Committee and make recommendations to
the Commission.
2. Accountability of Committees to the Commission. All Committees shall be accountable
to the Commission and shall have authority to make recommendations to the
Commission on matters within the Committee’s area of responsibility.Only the
Commission can take action binding the Commission; Committees are not so
empowered.
3. Only the Commission can take action binding the Commission; Committees are not so
empowered.
4. Standing Committees. The Commission shall maintain the following standing
Committees:
a. Grants Committee. The Committee shall consist of a minimum of three
Commissioners. The Grants Committee shall be responsible for review and
recommendation of funding requests received by the Commission. It shall review
AGENDA ITEM #6. c)
panel recommendations, program policy and implementation, and issues and
recommendations for grantmaking.
i. The Committee shall consist of a minimum of three Commissioners, and
fewer than a quorum of the Commission.
ii. The Grants Committee shall be responsible to develop, recommend to
the Commission, and implement a program as authorized by RMC 2‐8‐4.C
to establish and carry out a program of grants to groups or individuals
engaged in the arts, for the purpose of enabling those groups or
individuals to provide or support projects and/or productions which
provide public benefit.
iii. The Grants awards should support projects or productions including, but
not limited to:
1. offering free public performances, exhibitions, workshops,
screenings, or readings;
2. offering scholarships for ongoing, fee‐based arts educational or
training opportunities for Renton residents who would otherwise
be unable to attend; or,
3. offering services that expand access and inclusion; or
4. Production of one‐time performances, exhibits, special events or
programs that bring arts and/or cultural experiences to Renton
residents; or
5. Provision of opportunities for independent artists to develop and
present new work in all mediums; or
6. Development of arts and cultural opportunities for artists and
audiences from diverse communities; or
7. Provision of participatory and educational opportunities for
youth, multicultural, seniors, and special populations.
iv. Grant Application; regulations and procedures
1. The applicant project or production must be held in Renton.
2. No grants shall be awarded except upon receipt of an application
submitted to the Commission in accordance with the process
described here. To recommend awarding a grant, the commission
must be able to find the following:
a. The applicant demonstrates the public benefit or value to
the community and shows that the event will be broadly
advertised to the community (or, if intended to bring in
out‐of town visitors, that advertising is designed for that
purpose); and
b. The proposed project must take place in Renton.
c. The proposed project must serve and be accessible to
residents of Renton, and
AGENDA ITEM #6. c)
d. The event is accessible financially so that members of the
public are not excluded based on ability to pay admission;
and
e. Applications are consistent with the purposes of the
Commission as outlined in RMC 2‐8‐7.
v. Funding process and procedures:
1. Applicant submits a complete proposal (available on City’s
website) according to the application review schedule.
2. Proposals are reviewed by the Grants Committee and
recommendations made to the Arts Commission for approval.
3. Notification of award or non‐award of funds.
4. City issues contract.
5. Applicant submits invoice and follow‐up report to the City after
event.
6. Payment issued by City.
b. Nominating Committee.
i. The Committee shall consist of a minimum of two Commissioners. , and
fewer than a quorum of the Commission.
i.ii. The Nominating Committee shall review qualifications and availability of
Commissioners and make recommendations for officers, review
nominating procedures, develop and participate in orientation sessions
for new Commissioners, and make recommendations for public
membership on ad hoc committees and subcommitteesCommission
applicant to recommend for appointment to Mayor.
5. The Chairman shall be authorized to refer to one or more committees all matters falling
within the scope of each of the standing committees, and the Commission may define
and prescribe from time to time the functions and scope of each of the standing
committees.
ARTICLE VIII – QUORUM
A majority of members appointed to the Commission (whether 13 or less) shall constitute a
quorum for the transaction of business at any meeting.
ARTICLE IX – ORDER OF BUSINESS
At all regular and special meetings of the Commission, the order of business shall be as follows
unless otherwise determined by the Chairman with the concurrence of a majority of the
quorummembers:
1. Roll Call
2. Introduction of Guests and any presentation
3. Public Comment
1.4. Approval of minutes of previous meeting and other unapproved minutes
AGENDA ITEM #6. c)
2.5. Correspondence
3.6. Committee reports (standing and special)
4.7. Old business
5.8. New business
6.9. Announcements
7.10. Adjournment
On all questions of parliamentary procedure not covered in these Bylaws, Robert’s Rules of
Order, as amended, shall prevail.
ARTICLE X – VOTING
Each member of the Commission shall be entitled to one vote, but no proxy shall be allowed.
The majority vote at any one meeting shall be sufficient to carry a proposition.
ARTICLE XI – ASSESSION POLICY
Pursuant to RMC 2‐8‐6.F, the City Council makes all final determinations for acquisitions into
the City Art Collection (“Collection”). All acquisitions for the Collection must be reviewed by the
Arts Commission and presented to City Council before being formally accepted. The following
procedures will be followed to review and acquire an addition to the Collection:
1. Acquisitions Considerations, Procedures, and Records
a. Acquisition Considerations: An object or installation will be considered for
acquisition for the Collection when it is found to enhance or strengthen the
Collection, and that the City is able to be properly care for, store, and/or use the
object.
b. Documentation of Gift: If an acquisition is a donation to the City, and on
acceptance of the donation, the donor will be forwarded a form documenting
the gift on a template approved by the City, which will require the Donor’s
signature. The original form will be maintained by the City, and a fully executed
copy provided to the donor for their records.
c. Registration: The donation will be listed in Commission’s electronic registration
records if all or parts thereof are to be retained in the collections.
d. Catalog File: The City Art Collection will maintain electronic catalog records of all
objects in its collections.
e. Waiver/Disclaimer: Neither the City not the Commission are responsible for
unsolicited nor unacknowledged gifts that have not undergone the procedures
outlined in this collections policy.
2. Loans: Outgoing and Incoming
a. Outgoing loans from the City’s collection must meet the following criteria:
A. The borrower must demonstrate an understanding of proper
environmental, exhibit, and security standards and shall be responsible
and liable for all damages, loss, or changes in borrowed items.
B. Insurance for full value of loaned artifacts will be required of the
borrower.
AGENDA ITEM #6. c)
C. Borrowers or their personal representative must bear packing and
transportation costs and are responsible for returning the loaned
item(s) to the City at the time predetermined on the loan form.
D. City Council, with the consent of the Arts Commission, will approve all
outgoing loans.
b. Incoming Loans to the Collection.
A. Incoming loans must be accepted in accordance with 1.a. of this Article.
B. If the City accepts a temporary loan of an art object or installation, a
similar template form will be provided for execution and retention of
the original by the City. Objects or installations not retrieved after a
five‐year period shall be deemed abandoned.
ARTICLE XI ‐ DEACCESSION POLICIES AND PROCEDURE
1. Pursuant to RMC 2‐8‐6.G, the Commission may occasionally find it necessary to
deaccessiondeaccess work or works from the City Art Collection.
2. After due consideration, the Commission can find that deaccession is appropriate, in
cases that meet one (1) or more of the following criteria:
a. The artwork has been abandoned.
b. The Commission finds the artwork to be fraudulent or inauthentic;
c. The artwork possesses substantial demonstrated faults in original design or
workmanship;
d. The current condition of the artwork presents a public or environmental hazard
and repair/restoration is not feasible due to physical conditions and/or the
expense would be disproportionate to the value of the artwork;
e. The building housing the artwork or other architectural support system for the
artwork is slated for demolition and relocation is not feasible;
f. The artwork encumbers the use of public property; and/or
g. Public use and/or ownership of the site where the artwork is located has
changed or will change, rendering the artwork incompatible with the site.
3. If the Commission finds that deaccession is appropriate, it disposal will be publicly
conducted and adequately documented.
h.a. Artists whose work is being considered for deaccession shall seek
opinions onbe formally notified by mail using the dispositioncurrent address of
the subject artwork fromrecord originally provided by the artist community and
general public.
i.b. If the Commission wishes to proceed with a recommendation that the City
Council deaccession one or more pieces of artwork, the Commission shallThe
Commission will prepare and deliver to the City Council a recommendation that
includes the following:
The Commission’s findings on the appropriateness of
deaccessioning of the artwork;
AGENDA ITEM #6. c)
The Commission’s recommendations on the disposition of the
artwork, including a summary of input obtainedwhich may include
information from the artist community and general public and
consideration of whether the artwork should be returned to its
artist or his/her/its/their heirs, successors, or assigns, or in the case
of donations, to the donor or his/her/its/their heirs, successors, or
assigns.
ARTICLE XII – AMENDMENTS
These Bylaws may be amended or repealed, and new Bylaws may be adopted at any regular
meeting of the Commission by a majority vote of the membership, provided such changes are
submitted to all members in writing at least seven (7) days prior to such meeting. A special
meeting may be called for such purposes.
All amendments to the Bylaws adopted by the Commission shall be provided in writing to the
office of the Mayor and City Council for their approval. Such Bylaws shall not be in full force
and effect until approved by the City Council.
THE RENTON MUNICIPAL ARTS COMMISSION HEREBY CERTIFIES THAT THE ABOVE AND
FOREGOING VERSION OF ITS BYLAWS WERE DULY ADOPTED BY THE MEMBERS OF SAID
COMMISSION ON THE XX DAY OF XXXX, AFTER APPROVAL BY THE RENTON CITY COUNCIL.
AGENDA ITEM #6. c)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ADOPTING THE
RENTON MUNICIPAL ARTS COMMISSION BYLAWS.
WHEREAS, the Renton Municipal Arts Commission (“Commission”) Bylaws were adopted
by the Commission during its regular monthly meeting on July 5, 2022, and will be used for the
governing of the Commission members; and
WHEREAS, the Commission may recommend amendments to the Bylaws in the future,
which will be subsequently reviewed by the City Administration; and
WHEREAS, any proposed revisions to the Bylaws approved by the Commission will be
submitted by staff to the City Council for consideration of adoption;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The City Council hereby adopts the Bylaws of the Renton Municipal Arts
Commission, a copy of which is attached hereto as Exhibit “A” and incorporated by this reference.
The Commission shall file a copy of these Bylaws with the City Clerk.
PASSED BY THE CITY COUNCIL this ______ day of _____________________, 2022.
______________________________
Jason A. Seth, City Clerk
AGENDA ITEM #6. c)
RESOLUTION NO. _______
2
APPROVED BY THE MAYOR this ______ day of _____________________, 2022.
______________________________
Armondo Pavone, Mayor
Approved as to form:
______________________________
Shane Moloney, City Attorney
RES‐CED:1902:8/3/2022
AGENDA ITEM #6. c)
RESOLUTION NO. _______
3
EXHIBIT “A”
RENTON MUNICIPAL ARTS COMMISSION BYLAWS
AGENDA ITEM #6. c)
CITY OF RENTON
MUNICIPAL ARTS COMMISSION
BYLAWS
Established consistent with Title II, Chapter 8, Code of General Ordinances, City of Renton
ARTICLE I
The name of the commission is the RENTON MUNICIPAL ARTS COMMISSION (the Commission).
ARTICLE II
The purpose of the Commission will be as established in Renton Municipal Code (RMC) 2‐8‐2.
The Commission shall advise the Mayor and City Council on matters of art in fulfillment of the goals
of the City’s Arts and Culture Master Plan and to perform the functions and duties provided for in
RMC 2-8-4 to RMC 2-8-7.
ARTICLE III
1. Membership on the Commission shall be as established in RMC 2‐8‐3.
2. In addition to the removal provisions in RMC 2‐8‐3.C, if any member has missed three or
more consecutive meetings, and such absences are not excused or permitted by the
Commission, the Commission may, by a two‐thirds majority of the quorum, recommend to
the Mayor that such member be relieved of office, and the resulting vacancy be filled in the
same manner as the original appointment.
3. Commission members are “public officials” and therefore subject to the City’s Code of
Ethics at RMC 1‐6.
ARTICLE IV – OFFICERS AND ELECTIONS
1. The officers of the Commission shall be as established in RMC 2‐8‐3.B, elected from the
entire Commission, and such other officers as the Commission may select and appoint
from time to time.
2. The officers of the Commission shall be elected annually by the members at the
Commission’s first regular meeting in December of each year; term of office will begin
on January 1. If the election of officers is not held at the December meeting, the
election shall be held as soon thereafter as conveniently possible.
3. Unless removed from the Commission, each officer shall serve until a successor has
been duly elected.
4. All officers shall be elected by a majority vote of the quorum.
ARTICLE V – DUTIES OF OFFICERS
1. The Chair shall preserve decorum and decide all points of order, subject to appeal to the
Commission, at all meetings and serve as an ex officio member of all committees.
AGENDA ITEM #6. c)
2. The Chair may call special Commission and/or committee meetings. The Chair shall
appoint special committees and shall fill vacancies on said committees as they occur.
3. The Vice‐chair shall, in the absence of the Chair, perform the duties and possess the
powers of the Chair, and, in addition, perform other duties assigned by the Chair.
4. The Secretary shall, in the absence of the Chair and Vice‐Chair, perform the duties and
possess the powers of the Chair, and in addition, perform other duties assigned by the
Chair.
ARTICLE VI – MEETINGS
1. Meetings of the Commission shall be conducted in compliance with the Open Public
Meeting Act (RCW 42.30) (“OPMA”)
2. Regular meetings of the Commission shall be held on the first Tuesday of each month at
6:00 pm at the Renton City Hall 7th Floor Conferencing Center, Room 726.
3. Meetings of the Commission shall be cancelled whenever the regular meeting day falls
on a holiday and may be cancelled or changed by action of a majority of the members.
4. Special meetings of the members may be called by the Chairperson, or Vice Chairperson
in absence of the Chairperson, or by the Mayor with the concurrence of a majority of
the City Council, or by written notice signed by not less than five members of the
Commission, and, in each such case, at least three days’ prior notice shall be given
thereof.
5. Remote participation by Commissioners via telephone, internet, or other remote
communication technology is permitted if such remote participation is technically
feasible and complies with the OPMA.
6. Any Commissioner who wishes to participate in a meeting by remote communication
shall give as much advanced notice to the staff liaison as possible, prior to the meeting.
7. GENERAL DECORUM:
a. Members: While the Commission is in session, all members must preserve
order, decency and decorum, and no member shall delay or interrupt the
proceedings of the Commission or disturb any member while speaking or refuse
to obey the order of the Presiding Officer. Discussion by members of the
Committee shall relate to the subject matter at hand and shall be relevant and
pertinent to allow for the expeditious disposition and resolution of the business
before the Commission.
AGENDA ITEM #6. c)
b. Staff: Members of the administrative staff, employees of the City and other
persons attending Commission meetings shall observe the same rules of
procedure, decorum, and good conduct applicable to the members of the
Commission.
c. Public Addressing Commission: Any person who impedes, interrupts, or
threatens the proceedings of the Commission may be barred from further
audience before the Commission by the Presiding Officer. An individual may not
return for the remainder of that meeting unless permission is granted by a
majority vote of the Commission quorum in attendance.
d. Use of Email: Email may be used to distribute information to the Commission.
Responses to the full group which stimulate dialogue, discussion of pending
action items are prohibited; such responses should be made during the next
Commission meeting during which a quorum is present.
ARTICLE VII –COMMITTEES
1. The Commission may from time to time establish Committees to assist in the fulfillment
of the Commission’s work, including without limitation, to:
a. provide the Commission with readily available expertise regarding the policies
and direction of the Commission,
b. Provide broad community participation in Commission activities, and
c. Examine issues brought before the Committee and make recommendations to
the Commission.
2. Accountability of Committees to the Commission. All Committees shall be accountable
to the Commission and shall have authority to make recommendations to the
Commission on matters within the Committee’s area of responsibility.
3. Only the Commission can take action binding the Commission; Committees are not so
empowered.
4. Standing Committees. The Commission shall maintain the following standing
Committees:
a. Grants Committee.
i. The Committee shall consist of a minimum of three Commissioners, and
fewer than a quorum of the Commission.
ii. The Grants Committee shall be responsible to develop, recommend to
the Commission, and implement a program as authorized by RMC 2‐8‐4.C
to establish and carry out a program of grants to groups or individuals
engaged in the arts, for the purpose of enabling those groups or
individuals to provide or support projects and/or productions which
provide public benefit.
iii. The Grants awards should support projects or productions including, but
not limited to:
AGENDA ITEM #6. c)
1. offering free public performances, exhibitions, workshops,
screenings, or readings;
2. offering scholarships for ongoing, fee‐based arts educational or
training opportunities for Renton residents who would otherwise
be unable to attend; or,
3. offering services that expand access and inclusion; or
4. Production of one‐time performances, exhibits, special events or
programs that bring arts and/or cultural experiences to Renton
residents; or
5. Provision of opportunities for independent artists to develop and
present new work in all mediums; or
6. Development of arts and cultural opportunities for artists and
audiences from diverse communities; or
7. Provision of participatory and educational opportunities for
youth, multicultural, seniors, and special populations.
iv. Grant Application; regulations and procedures
1. The applicant project or production must be held in Renton.
2. No grants shall be awarded except upon receipt of an application
submitted to the Commission in accordance with the process
described here. To recommend awarding a grant, the commission
must be able to find the following:
a. The applicant demonstrates the public benefit or value to
the community and shows that the event will be broadly
advertised to the community (or, if intended to bring in
out‐of‐town visitors, that advertising is designed for that
purpose); and
b. The proposed project must take place in Renton.
c. The proposed project must serve and be accessible to
residents of Renton, and
d. The event is accessible financially so that members of the
public are not excluded based on ability to pay admission;
and
e. Applications are consistent with the purposes of the
Commission as outlined in RMC 2‐8‐7.
v. Funding process and procedures:
1. Applicant submits a complete proposal (available on City’s
website) according to the application review schedule.
2. Proposals are reviewed by the Grants Committee and
recommendations made to the Arts Commission for approval.
3. Notification of award or non‐award of funds.
4. City issues contract.
5. Applicant submits invoice and follow‐up report to the City after
event.
AGENDA ITEM #6. c)
6. Payment issued by City.
b. Nominating Committee.
i. The Committee shall consist of a minimum of two Commissioners, and
fewer than a quorum of the Commission.
ii. The Nominating Committee shall review qualifications and availability of
Commission applicant to recommend for appointment to Mayor.
5. The Chairman shall be authorized to refer to one or more committees all matters falling
within the scope of each of the standing committees, and the Commission may define
and prescribe from time to time the functions and scope of each of the standing
committees.
ARTICLE VIII – QUORUM
A majority of members appointed to the Commission (whether 13 or less) shall constitute a
quorum for the transaction of business at any meeting.
ARTICLE IX – ORDER OF BUSINESS
At all regular and special meetings of the Commission, the order of business shall be as follows
unless otherwise determined by the Chairman with the concurrence of a majority of members:
1. Roll Call
2. Introduction of Guests and any presentation
3. Public Comment
4. Approval of minutes of previous meeting and other unapproved minutes
5. Correspondence
6. Committee reports (standing and special)
7. Old business
8. New business
9. Announcements
10. Adjournment
On all questions of parliamentary procedure not covered in these Bylaws, Robert’s Rules of
Order, as amended, shall prevail.
ARTICLE X – VOTING
Each member of the Commission shall be entitled to one vote, but no proxy shall be allowed.
The majority vote at any one meeting shall be sufficient to carry a proposition.
ARTICLE XI – ASSESSION POLICY
Pursuant to RMC 2‐8‐6.F, the City Council makes all final determinations for acquisitions into
the City Art Collection (“Collection”). All acquisitions for the Collection must be reviewed by the
Arts Commission and presented to City Council before being formally accepted. The following
procedures will be followed to review and acquire an addition to the Collection:
AGENDA ITEM #6. c)
1. Acquisitions Considerations, Procedures, and Records
a. Acquisition Considerations: An object or installation will be considered for
acquisition for the Collection when it is found to enhance or strengthen the
Collection, and that the City is able to be properly care for, store, and/or use the
object.
b. Documentation of Gift: If an acquisition is a donation to the City, and on
acceptance of the donation, the donor will be forwarded a form documenting
the gift on a template approved by the City, which will require the Donor’s
signature. The original form will be maintained by the City, and a fully executed
copy provided to the donor for their records.
c. Registration: The donation will be listed in Commission’s electronic registration
records if all or parts thereof are to be retained in the collections.
d. Catalog File: The City Art Collection will maintain electronic catalog records of all
objects in its collections.
e. Waiver/Disclaimer: Neither the City not the Commission are responsible for
unsolicited nor unacknowledged gifts that have not undergone the procedures
outlined in this collections policy.
2. Loans: Outgoing and Incoming
a. Outgoing loans from the City’s collection must meet the following criteria:
A. The borrower must demonstrate an understanding of proper
environmental, exhibit, and security standards and shall be responsible
and liable for all damages, loss, or changes in borrowed items.
B. Insurance for full value of loaned artifacts will be required of the
borrower.
C. Borrowers or their personal representative must bear packing and
transportation costs and are responsible for returning the loaned
item(s) to the City at the time predetermined on the loan form.
D. City Council, with the consent of the Arts Commission, will approve all
outgoing loans.
b. Incoming Loans to the Collection.
A. Incoming loans must be accepted in accordance with 1.a. of this Article.
B. If the City accepts a temporary loan of an art object or installation, a
similar template form will be provided for execution and retention of
the original by the City. Objects or installations not retrieved after a
five‐year period shall be deemed abandoned.
ARTICLE XI ‐ DEACCESSION POLICIES AND PROCEDURE
1. Pursuant to RMC 2‐8‐6.G, the Commission may occasionally find it necessary to
deaccess work or works from the City Art Collection.
2. After due consideration, the Commission can find that deaccession is appropriate, in
cases that meet one (1) or more of the following criteria:
a. The artwork has been abandoned.
b. The Commission finds the artwork to be fraudulent or inauthentic;
AGENDA ITEM #6. c)
c. The artwork possesses substantial demonstrated faults in original design or
workmanship;
d. The current condition of the artwork presents a public or environmental hazard
and repair/restoration is not feasible due to physical conditions and/or the
expense would be disproportionate to the value of the artwork;
e. The building housing the artwork or other architectural support system for the
artwork is slated for demolition and relocation is not feasible;
f. The artwork encumbers the use of public property; and/or
g. Public use and/or ownership of the site where the artwork is located has
changed or will change, rendering the artwork incompatible with the site.
3. If the Commission finds that deaccession is appropriate, disposal will be publicly
conducted and adequately documented.
a. Artists whose work is being considered for deaccession shall be formally notified
by mail using the current address of record originally provided by the artist.
b. The Commission will prepare and deliver to the City Council a recommendation
that includes the following:
The Commission’s findings on the appropriateness of
deaccessioning of the artwork;
The Commission’s recommendations on the disposition of the
artwork, including a summary of input which may include
information from the artist community and general public and
consideration of whether the artwork should be returned to its
artist or his/her/its/their heirs, successors, or assigns, or in the case
of donations, to the donor or his/her/its/their heirs, successors, or
assigns.
ARTICLE XII – AMENDMENTS
These Bylaws may be amended or repealed, and new Bylaws may be adopted at any regular
meeting of the Commission by a majority vote of the membership, provided such changes are
submitted to all members in writing at least seven (7) days prior to such meeting. A special
meeting may be called for such purposes.
All amendments to the Bylaws adopted by the Commission shall be provided in writing to the
office of the Mayor and City Council for their approval. Such Bylaws shall not be in full force
and effect until approved by the City Council.
THE RENTON MUNICIPAL ARTS COMMISSION HEREBY CERTIFIES THAT THE ABOVE AND
FOREGOING VERSION OF ITS BYLAWS WERE DULY ADOPTED BY THE MEMBERS OF SAID
COMMISSION ON THE XX DAY OF XXXX, AFTER APPROVAL BY THE RENTON CITY COUNCIL.
AGENDA ITEM #6. c)
AB - 3149
City Council Regular Meeting - 08 Aug 2022
SUBJECT/TITLE: Adoption of Renton Equity Commission Bylaws
RECOMMENDED ACTION: Refer to Community Services Committee
DEPARTMENT: Equity, Housing, and Human Services Department
STAFF CONTACT: Linda Moschetti-Newing, Administrative Assistant
EXT.: 7394
FISCAL IMPACT SUMMARY:
Approving the Renton Equity Commission Bylaws has no fiscal impact to the General Fund or the Equity,
Housing, and Human Services Department.
SUMMARY OF ACTION:
The Renton Equity Commission (Commission) was established via Ordinance No. 6033 adopted by Council on
November 1, 2021. The Ordinance requires the Commission to establish a set of bylaws by which to conduct
business within the first six months of its initial meeting. The Commission’s first meeting occurred April 7,
2022.
Staff worked with the City Attorney Department to develop these Bylaws and presented them to the
Commission during its April 7, May 10, and June 14 regular meetings. After discussion and some minor
revisions, the Bylaws were approved and adopted by the Commission on June 14, 2022.
EXHIBITS:
A. Bylaws
B. Resolution
STAFF RECOMMENDATION:
Approve the Renton Equity Commission Bylaws and adopt the Resolution establishing the Bylaws as the
Commission’s document for governing of its members and conducting business.
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CITYOFRENTON
BYLAWSOFTHE
RENTONEQUITYCOMMISSION
TheCityofRenton(“City”)EquityCommission(“Commission”)hasadoptedthefollowingasitsBylaws
settingforththerulesandproceduresdeemednecessarytocarryoutitsdutiesestablishedinchapter
2Ͳ7oftheRentonMunicipalCode(“RMC”).AfterapprovaloftheseBylawsbytheRentonCityCouncil,
theCommissionwillfileacopyoftheseBylawswiththeCityClerkofRenton.
ARTICLEI–ORGANIZATION,PURPOSE,STRUCTURE,ELECTIONOFOFFICERSANDDUTIES
1.1ORGANIZATION:
i.TheCommissionservestheCityasaninstrumentthroughwhichtheemployeesand
officialsoftheCitymayobtainadviceandassistanceusingtheRentonEquityLensto
identifyandaddressinequitiesinordertoeliminateracial,economic,andsocialbarriers
identifiedinCityprograms,services,andpolicies.
1.2PURPOSE:
i.TheCommissionwasestablishedbyadoptionofCityofRentonOrdinanceNo.6033on
November1,2021.
ii.PursuanttoRMC2Ͳ7Ͳ3,theroleoftheCommissionwillbetoactinanadvisory
capacitybymakingrecommendationstotheMayorandCityCouncilonmattersreferred
totheCommissionbytheMayor,CityCouncil,andCitystaff.Theprimarydutiesand
powersoftheCommissionareintendedtoadvanceequityandinclusioninsupportof
theCity’sgoaltobuildaninclusive,informed,andhateͲfreecitywithequitable
outcomesforallinsupportofsocial,economic,andracialjustice.
1.3APPOINTMENTS,TERMS,MEMBERSHIP,ANDVACANCIES:
i.TheCommissionwillconsistofninemembersappointedbytheMayorandconfirmed
byCityCouncilasfollows:
ii.Atthetimeofinitialappointmentthreemembersshallbeappointedforoneyear;
threemembersshallbeappointedfortwoyears;threemembersshallbeappointedfor
threeyears.Attheexpirationoftheinitialterm,threemembersshallbeappointed
eachyearforthreeͲyearterms.
iii.TermsshallbefromJanuary1oftheappointmentyear,throughDecember31ofthe
termexpirationyear.
iv.MembershipshouldreflectthediversityoftheCityincludingbutnotlimitedto
ethnicity,race,age,gender,faith,genderidentityandexpression,andprofession.Due
tothesizeoftheCommission,itisunderstooditispossiblenoteverygroupmaybe
represented.
v.Membersshall,fromthetimeoftheirappointmentandconfirmationthroughtheir
term,bearesidentof,orbusinessownerin,theCityofRentonandabletoattend
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meetingsasnecessary.IftheynolongerresideorhaveabusinessinRenton,they
forfeittheirmembershipintheCommissionasofthedateoftheirmove.
vi.Applicantsforappointmentshallhaveademonstratedcommitmenttoequity.
vii.Atleastonemembershallbeayouthmemberbetweentheagesof18and25atthe
timethememberisconfirmedintheirappointment.
viii.NosittingCityCouncilmembershallbeamemberoftheCommission;ifa
CommissionmemberiselectedorappointedtoCityCouncil,theyshallforfeittheir
membershipontheCommissioneffectiveatthedateoftheirswearingͲinasaCouncil
member.NothinginthissectionisintendedtodiscourageformerCityCouncilmembers
fromapplyingforappointmentsolongastheymeetotherappointmentrequirements.
ix.NocurrentCityemployeeorconsultantshallbeamemberoftheCommission;ifa
CommissionmemberbecomesemployedorcontractedbytheCity,theyshallforfeit
theirmembershipontheCommissioneffectiveontheirfirstdayofemploymentor
contractwiththeCity.NothinginthissectionisintendedtodiscourageformerCity
employeesorconsultantsfromapplyingforappointmentsolongastheymeetother
appointmentrequirements.
x.Shouldamemberneedorwishtoresignanappointedpositionpriortotheexpiration
oftheterm,theyshallnotifytheChairpersonandstaffliaisoninwriting.Themember
willreceiveawrittenacknowledgementoftheresignation.Uponreceiptof
applications,arecommendationforanindividualtofillthevacatedpositionwillbe
presentedtotheMayorforappointmentandconfirmationaccordingtotheprocess
notedabove.Ifappointed,theindividualwillserveouttheremainingtimeofthe
vacatedterm.
xi.Upontermexpiration,Commissionmemberswhodesireservinganothertermmay
reͲapplyfortheirpositionbycompletinganapplication.Theapplicationwillbe
considered,alongwithothersreceived,forafinalrecommendationtotheMayor.
xii.Unlessthereisnotasufficientnumberofcandidates,Commissionmembersare
limitedtonotmorethantwoconsecutivefullthreeͲyeartermsinordertomaintain
diverserepresentationoftheCommission.
1.4ELECTIONOFOFFICERSPROCESSANDDUTIESOFOFFICERS
i.OfficersshallbeelectedassetforthinRMC2Ͳ7Ͳ3.E.TheChairpersonshallpresideat
allmeetings.TheChairpersoncannotmakemotionsbutmayvoteonmattersbefore
theCommission.
ii.TheCommissionmayalsoelectaViceChairpersonusingthesameelectionprocessas
setforthbelow.TheViceChairpersonshall,intheabsenceoftheChairperson,perform
thedutiesandpossessthepowersoftheChairperson,and,inaddition,performother
dutiesassignedbytheChairperson.
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iii.TheelectionprocessfortheChairpersonandViceChairpersonpositionswilloccur
annuallyatthebeginningoftheCommittee’sfirstmeeting.
iv.TheChairpersonwillbeelectedfirst.TheViceChairpersonwillthenbeelected.
v.CitystaffwillfacilitatetheprocesstoelecttheChairpersonandViceChairperson.The
processshallbethesameforbothpositionsandwillbeasfollowswiththeelectionof
theChairpersontakingplacefirst.
vi.NominationswillbeopenedforelectionofaChairpersonfirst.SelfͲnominationswill
beconsideredforallofficerpositions.
vii.Commissionvotingmembersmaynominateuptoonememberperpersonforeach
position.Anomineehastheoptiontodeclinethenominationiftheysochoose.
viii.Onceallnominationshavebeenrecognized,Citystaffwillclosenominations.
ix.Nomineesmaymakeabriefstatementabouttheirexperienceandwhytheywould
liketoserveasChairperson.
x.TheCommissionwillvote.Nomineeswillbevoteduponintheorderinwhichthey
werenominated.Votingwillbecompleteonceasimplemajorityofthevotingmembers
presentatthemeetingvoteinfavorofoneofthenominees.Votingshallbeconducted
byvoicevoteunlessashowofhandsisrequiredforclarification.
xi.StepsvthroughxwillberepeatedfortheprocesstoelectaViceChairperson.All
parametersoftheelectionshallbeconsistentwiththoseusedtoelecttheChairperson.
xii.Unlesstherearenotsufficientcandidates,noCommissionmembersshallserveas
electedofficersfortheCommissionmorethantwoconsecutiveoneͲyeartermsinorder
tomaintaindiversityinCommissionleadership.
ARTICLEII–RULESOFPROCEDURE
2.1ROBERT’SRULESOFORDER:
i.Unlessotherwiseprovidedbylawormodifiedbytheserules,theprocedurefor
CommissionmeetingsshallbegovernedbyRobert’sRulesofOrder.
ii.TheCommissionhasanobligationtothepublictobeclearandsimpleinits
proceduresandintheconsiderationofthequestionscomingbeforeit.Therefore,
Commissionmembersshouldavoidinvokingthefinerpointsofparliamentaryprocedure
whensuchpointsserveonlytoobscuretheissuesbeforetheCommissionasawhole,
andtoconfusetheaudienceatpublicmeetingsandthepublicingeneral.
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2.2PRESIDINGOFFICER:
i.TheChairperson,orintheChairperson’sabsencetheViceChairperson,shallserveas
thePresidingOfficerforpurposesofrunningaCommissionmeeting.ThePresiding
OfficercannotmakemotionsbutmayvoteonmattersbeforetheCommission.
ii.IntheabsenceofboththeChairpersonandViceChairpersonataCommission
meeting,CitystaffshallsolicitnominationsforandmanageelectionofaPresiding
OfficerinthesamemannerastheelectionoftheOfficersassetoutinArticle1.4.The
PresidingOfficersoelectedmayvoteonanymatterbeforetheCommission.
2.3.ROBERT’SRULESOFORDERASSISTANCE:
i.CitystaffmayprovideguidanceandsupporttothePresidingOfficeronanyquestions
oforder.
ARTICLEIII–MEETINGSANDTRAININGS
3.1QUORUM:
i.TheCommissionhasninevotingmembers.Morethan50%oftheseatedvoting
membersshallconstituteaquorumatanygivenmeeting.
ii.Iflessthanaquorumispresentatanymeeting,themeetingmaycontinue,however
noactioncanbetaken,onlyinformationalitemsmaybepresented.Currentitemswill
becarriedovertothenextregularmeeting.
iii.Ameetingmaybecanceledifneeded(e.g.,weather,local,state,ornational
emergency).Currentitemswillbecarriedovertothenextmeeting.
3.2REGULARMEETINGS:
i.TheCommissionshallmeetonthesecondTuesdayofeverymonthat5:30p.m.andin
persontothegreatestextentpossible.TheCommissionshallhavetheauthorityto
changearegularmeetingdateandtime,ifnecessary,byactionofamajorityofthe
CommissionataregularCommissionmeeting.Ifaregularlyscheduledmeetingfallson
acityholiday,itshallbeheldonthenextbusinessdayforwhichthereisnoconflictin
meetinglocations.
ii.AmeetingscheduleforthefollowingyearshallbeproposedbyCitystaffandplaced
ontheNewBusinessportionoftheagendaforthefinalmeetingofthecurrentyear.
TheCommissionmayapproveoramendtheproposedmeetingschedulebysimple
majorityvoteofthoseinattendance.
iii.TheChairpersonmaychange,cancel,oralterthedateofameetingonanemergency
basisasneeded.
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3.3SPECIALMEETINGS:
i.TheChairpersonmaycallspecialmeetings,worksessionsandCommissionmeetings
whenproperandasnecessarywithnoticetoCommissionmembersandthepublic.
WorksessionsshallbenoticedaspublicmeetingsandallCommissionmembersmay
participate.
3.4.OPENPUBLICMEETINGSACTANDPUBLICRECORDSACT:
i.TheCommissionshallcomplywiththeOpenPublicMeetingsAct(OPMA)andthe
PublicRecordsAct(collectivelythe“Acts”).InaccordancewithRCW42.30.205,RCW
42.56.150,andRCW42.56.152,membersarerequiredtocompleteOPMAandPublic
RecordsActtrainingwithin90daysoftheirappointment.Thesetrainingswillbe
conductedduringtheCommission’sinauguralmeeting.
ii.Thereafter,theCommissionwillreceiverefreshersessionsontheActseverytwo
years.Uponcompletionofthetrainings,membersshallsubmitaCertificateof
CompletiontotheCityClerkDivisiondocumentingattendanceofinitialtrainingand
subsequenttrainingsforpublicofficers.
3.5.RENTONEQUITYLENSTRAINING:
i.CommissionmemberswillreceivetrainingonhowtousetheRentonEquityLens
within120daysforinitialformation,andthereafterwithin90daysoftheirappointment
andconfirmationandeverytwoyearsthereafter.
3.6.SUBCOMMITTEES:
i.AmajorityofthemembersoftheCommissionmaynamesuchsubcommitteeor
subcommittees,asinitsjudgment,willaidineffectuatingthepurposeofthisChapter
andmayempoweranysuchsubcommitteetoreviewpolicies,practices,andprocedures
andadvisethefullCommissionregardingitsfindingsonequityissuesforthe
CommissiontotakeactionwithinthepurviewofthisChapter.
3.7.VIRTUALMEETINGSANDREMOTEATTENDANCE:
3.7.1.VirtualMeetings:
i.AlthoughtheCommissionshallhaveastandardpracticeofmeetinginpersonatasite
determinedbyCitystaff,ifneeded,ordirectedtodosobecauseofanemergency
situation,theCommissionwillbepermittedtoconductbusinessviaavirtualplatformif
allowedbylaw.Regardlessofhowthemeetingisconducted,memberswillbeinvited
toattendandparticipateasoutlinedinArticleI.3andinaccordancewithcurrentOPMA
guidelines.
3.7.2.RemoteAttendance:
i.Anymembermayattendameetingremotelyif(1)bytelephonicaccess,orbyother
electronic,internetorothermeansofremoteaccessacceptabletoandarrangedwith
Citystaff,and(2)ifallpersonsattendingthemeetingcanhearandbeheardbythe
memberattendingremotely.Thisparagraphwillbeinterpretedtocomplywith
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WashingtonStaterequirementsfortheOPMAandmaybesubjecttochangetocomply
withthoserequirements.
3.8.NOTICE:
i.AllmeetingswillbenoticedbytheCityClerkDivisionatleast24hoursinadvanceof
themeeting.Eachmeetingnoticeshallincludethedate,time,location,andprimary
agendatopics.
ii.Inaddition,anemailnoticemaybesenttoallinterestedpersonsprovidingalinkto
theCity’swebsiteonwhichthemeetingagendaandsupportingmaterialswillbe
posted.Ifthewebsiteisnotavailableatthetimeofthenotification,meetingmaterials
maybesentasattachmentstotheemail.
3.9.ATTENDANCEREQUIREMENTS:
i.CommissionmembersareexpectedtoattendallCommissionmeetingswithina
calendaryear.OccasionalabsenceisexcusedwithnotificationsubmittedtotheCity
staffandChairperson.TwounexcusedabsencesfromCommissionmeetingsina
calendaryearmayresultintheCommissionsubmittingaremovalrecommendationto
theMayor.TheCommissionwillvoteonallabsencestodetermineiftheyareexcused
orunexcusedfollowingtherollcallportionoftheirmeeting.
ii.Ifthecauseofabsenceisnotofanexcusableandtemporarynature,including,but
notlimitedto,illness,vacationorworknecessity,staffshallworkwiththeChairperson
tocontactthememberandremindthememberthatattendanceisakeyresponsibility
ofmembership.ACommissionerwhodoesnotattendanddoesnotprovideadvance
noticeoftheirabsencemaybepresumedtohaveanunexcusedabsence;theabsence
maybeexcusedbytheCommissionatalatermeeting.
iii.Memberswhohavemorethantwounexcusedabsencesinacalendaryearmaybe
removedbyactionoftheMayor.Vacantpositionsmayberefilledfortheunexpired
portionofthetermaccordingtotheprocessoutlinedinSection1.3above.
3.10.GENERALDECORUM:
3.10.1.PresidingOfficer:
i.ThePresidingOfficershallpreservedecorumanddecideallpointsoforder,subjectto
appealtotheCommission.
3.10.2.Members:
i.WhiletheCommissionisinsession,allmembersmustpreserveorder,decencyand
decorum,andnomembershalldelayorinterrupttheproceedingsoftheCommissionor
disturbanymemberwhilespeakingorrefusetoobeytheorderofthePresidingOfficer.
DiscussionbymembersoftheCommitteeshallrelatetothesubjectmatterathandand
shallberelevantandpertinenttoallowfortheexpeditiousdispositionandresolutionof
thebusinessbeforetheCommission.
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3.10.3.Staff:
i.CitystaffandotherrepresentativesattendingCommissionmeetingsshallobservethe
samerulesofprocedure,decorum,andgoodconductapplicabletothemembersofthe
Commission.
3.10.4.PublicAddressingCommission:
i.TherewillbeapubliccommentperiodontheregularagendaoftheCommission,any
timelimitsoncommentswillbeclearlyidentifiedonthepublishedagenda.
ii.AnypersonwhoseconductdisruptsaCommissionmeetingfromgoingforwardmay
bebarredfromthatmeetingbythePresidingOfficer.
iii.DisruptiveconductthatcontinuesafteranoticeandwarningfromthePresiding
Officermayresultintheremovaloftheindividualfromthatmeeting,oraclearingof
theroom,orthemeetingmaybeadjourned.
iv.Anindividualmaynotreturnfortheremainderofthedisruptedmeetingunless
permissionisgrantedbyamajorityvoteoftheCommissionquoruminattendance.
3.10.5.UseofEmail:
i.EmailmaybeusedtodistributeinformationtotheCommission.
ii.IncompliancewiththeOPMA,responsestothefullgroupwhichstimulatedialogue,
and/ordiscussionofpendingactionitemsareprohibited;suchresponsesshouldbe
madeduringthenextCommissionmeetingduringwhichaquorumispresent.
iii.AllcommunicationsrelatedtothebusinessoftheCommissionmaybesubjecttothe
PublicRecordsAct.
3.10.6.SETTINGTHEMEETINGAGENDA:
i.Citystaffwillcreateadraftmeetingagendapriortoeachmeeting.
ii.StaffwillprovidethedraftmeetingagendatotheChairpersonandViceChairperson
toreviewandfinalizetheagendabeforethemeetingdocumentsaredistributedtothe
Commissionmembersandpublished.
3.10.7.ORDEROFBUSINESS:
i.TheorderofbusinessforallregularCommissionmeetingsshallbeasfollows,
provided,howeverwhenitappearstobeinthebestinterestofthepublic,theorderof
businessmaybechangedforanysinglemeetingbymajorityvote:
x CalltoOrder
x RollCall
x PublicComment
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x ConsentAgenda(includingapprovalofpreviousmeetingminutes)
x SpecialPresentationsandReports
x Equity,Housing,andHumanServicesAdministrator’sReport
x StaffReport
x Chairperson’sReport
x CommitteeMemberComments
x UnfinishedBusiness
x NewBusiness
x GeneralBusinessDiscussionItems
x ActionItems
x DebateofItemsasneeded
x Adjournment
ARTICLEIV–ETHICS
4.1.STATEANDCITYETHICSCODE/OPENPUBLICMEETINGSACT:
i.MembersshallfollowtheCity’sCodeofEthicsPolicy100Ͳ07.Acopyofthispolicyis
includedintheCommissionhandbooksdistributedtomembersuponappointment.
4.2.CONFLICTS:
i.Commissionmembersarerequiredtoindicatewhethertheyhaveaconflictofinterest
concerningactionitemsontheCommissionagenda.Theymustrecusethemselvesfrom
votinganddiscussiononactionitemsiftheyhaveadirectconflict.
4.3.GIFTS:
i.Membersshallnotacceptgiftsfromanypersonhavinganinterestintheworkofthe
Committee.
ARTICLEV–SUSPENSIONANDAMENDINGTHEBYLAWS
5.1.SUSPENSION:
i.AnyprovisionoftheseBylawsmaybetemporarilysuspendedforasinglemeetingbya
majorityvoteoftheCommissionmemberspresent.Thevoteonanysuchsuspension
shallbetakenbyvoicevoteunlessashowofhandsisrequiredforclarification.The
temporarysuspensionshallremainineffectfortheremainderofthemeeting.
ii.Anyactionstakenunderasuspensionmustberatifiedatthenextregularmeeting.
5.2.AMENDMENT:
i.TheseBylawsmaybeamendedorrepealed,andnewBylawsmaybeadoptedatany
meetingoftheCommissionbyavoteofmorethan50%oftheseatedvoting
membership,providedsuchchangesaresubmittedtoallmembersbyCitystaffin
writingatleastfourdayspriortosuchmeeting.
ii.Aspecialmeetingmaybecalledforsuchpurposes.
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iii.AllamendmentstotheBylawsadoptedbytheCommissionshallbeprovidedin
writingtotheofficeoftheMayorandCityCouncilforapproval.SuchBylawsshallnot
beeffectiveuntilapprovedbytheCityCouncil.
PASSEDBYTHERENTONEQUITYCOMMISSIONTHISXXDAYOFXX2022,ANDEFFECTIVEONTHEDATE
APPROVEDBYTHERENTONCITYCOUNCILXXXX,2022.
LindaS.MoschettiͲNewing
Equity,Housing,andHumanServices
AdministrativeAssistant
ChairpersonAdministrator
RentonEquityCommissionEquity,Housing,andHumanServices
Approvedastoform:
M.PatriceKent
SeniorAssistantCityAttorney
AGENDA ITEM #6. d)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ADOPTING THE
RENTON EQUITY COMMISSION BYLAWS.
WHEREAS, the Renton Equity Commission (“Commission”) Bylaws were adopted by the
Commission during its regular monthly meeting June 14, 2022, and will be used for the governing
of the Commissioners; and
WHEREAS, the Commission may recommend amendments to the Bylaws in the future,
which will be subsequently vetted by City Administration; and
WHEREAS, any proposed revisions to the Bylaws approved by the Commission will be
submitted by staff to the City Council for consideration of adoption.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The City Council hereby adopts the Bylaws of the Renton Equity
Commission, a copy of which is attached hereto as Exhibit “A” and incorporated by this reference.
PASSED BY THE CITY COUNCIL this ______ day of _____________________, 2022.
______________________________
Jason A. Seth, City Clerk
AGENDA ITEM #6. d)
RESOLUTION NO. _______
2
APPROVED BY THE MAYOR this ______ day of _____________________, 2022.
______________________________
Armondo Pavone, Mayor
Approved as to form:
______________________________
Shane Moloney, City Attorney
RES‐EHHS:1914:7/7/22
AGENDA ITEM #6. d)
RESOLUTION NO. _______
3
EXHIBIT “A”
RENTON EQUITY COMMISSION BYLAWS
AGENDA ITEM #6. d)
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CITY OF RENTON
BYLAWS OF THE
RENTON EQUITY COMMISSION
The City of Renton (“City”) Equity Commission (“Commission”) has adopted the following as its Bylaws
setting forth the rules and procedures deemed necessary to carry out its duties established in chapter
2‐7 of the Renton Municipal Code (“RMC”). After approval of these Bylaws by the Renton City Council,
the Commission will file a copy of these Bylaws with the City Clerk of Renton.
ARTICLE I – ORGANIZATION, PURPOSE, STRUCTURE, ELECTION OF OFFICERS AND DUTIES
1.1 ORGANIZATION:
i. The Commission serves the City as an instrument through which the employees and
officials of the City may obtain advice and assistance using the Renton Equity Lens to
identify and address inequities in order to eliminate racial, economic, and social barriers
identified in City programs, services, and policies.
1.2 PURPOSE:
i. The Commission was established by adoption of City of Renton Ordinance No. 6033 on
November 1, 2021.
ii. Pursuant to RMC 2‐7‐3, the role of the Commission will be to act in an advisory
capacity by making recommendations to the Mayor and City Council on matters referred
to the Commission by the Mayor, City Council, and City staff. The primary duties and
powers of the Commission are intended to advance equity and inclusion in support of
the City’s goal to build an inclusive, informed, and hate‐free city with equitable
outcomes for all in support of social, economic, and racial justice.
1.3 APPOINTMENTS, TERMS, MEMBERSHIP, AND VACANCIES:
i. The Commission will consist of nine members appointed by the Mayor and confirmed
by City Council as follows:
ii. At the time of initial appointment three members shall be appointed for one year;
three members shall be appointed for two years; three members shall be appointed for
three years. At the expiration of the initial term, three members shall be appointed
each year for three‐year terms.
iii. Terms shall be from January 1 of the appointment year, through December 31 of the
term expiration year.
iv. Membership should reflect the diversity of the City including but not limited to
ethnicity, race, age, gender, faith, gender identity and expression, and profession. Due
to the size of the Commission, it is understood it is possible not every group may be
represented.
v. Members shall, from the time of their appointment and confirmation through their
term, be a resident of, or business owner in, the City of Renton and able to attend
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meetings as necessary. If they no longer reside or have a business in Renton, they
forfeit their membership in the Commission as of the date of their move.
vi. Applicants for appointment shall have a demonstrated commitment to equity.
vii. At least one member shall be a youth member between the ages of 18 and 25 at the
time the member is confirmed in their appointment.
viii. No sitting City Council member shall be a member of the Commission; if a
Commission member is elected or appointed to City Council, they shall forfeit their
membership on the Commission effective at the date of their swearing‐in as a Council
member. Nothing in this section is intended to discourage former City Council members
from applying for appointment so long as they meet other appointment requirements.
ix. No current City employee or consultant shall be a member of the Commission; if a
Commission member becomes employed or contracted by the City, they shall forfeit
their membership on the Commission effective on their first day of employment or
contract with the City. Nothing in this section is intended to discourage former City
employees or consultants from applying for appointment so long as they meet other
appointment requirements.
x. Should a member need or wish to resign an appointed position prior to the expiration
of the term, they shall notify the Chairperson and staff liaison in writing. The member
will receive a written acknowledgement of the resignation. Upon receipt of
applications, a recommendation for an individual to fill the vacated position will be
presented to the Mayor for appointment and confirmation according to the process
noted above. If appointed, the individual will serve out the remaining time of the
vacated term.
xi. Upon term expiration, Commission members who desire serving another term may
re‐apply for their position by completing an application. The application will be
considered, along with others received, for a final recommendation to the Mayor.
xii. Unless there is not a sufficient number of candidates, Commission members are
limited to not more than two consecutive full three‐year terms in order to maintain
diverse representation of the Commission.
1.4 ELECTION OF OFFICERS PROCESS AND DUTIES OF OFFICERS
i. Officers shall be elected as set forth in RMC 2‐7‐3.E. The Chairperson shall preside at
all meetings. The Chairperson cannot make motions but may vote on matters before
the Commission.
ii. The Commission may also elect a Vice Chairperson using the same election process as
set forth below. The Vice Chairperson shall, in the absence of the Chairperson, perform
the duties and possess the powers of the Chairperson, and, in addition, perform other
duties assigned by the Chairperson.
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iii. The election process for the Chairperson and Vice Chairperson positions will occur
annually at the beginning of the Committee’s first meeting.
iv. The Chairperson will be elected first. The Vice Chairperson will then be elected.
v. City staff will facilitate the process to elect the Chairperson and Vice Chairperson. The
process shall be the same for both positions and will be as follows with the election of
the Chairperson taking place first.
vi. Nominations will be opened for election of a Chairperson first. Self‐nominations will
be considered for all officer positions.
vii. Commission voting members may nominate up to one member per person for each
position. A nominee has the option to decline the nomination if they so choose.
viii. Once all nominations have been recognized, City staff will close nominations.
ix. Nominees may make a brief statement about their experience and why they would
like to serve as Chairperson.
x. The Commission will vote. Nominees will be voted upon in the order in which they
were nominated. Voting will be complete once a simple majority of the voting members
present at the meeting vote in favor of one of the nominees. Voting shall be conducted
by voice vote unless a show of hands is required for clarification.
xi. Steps v through x will be repeated for the process to elect a Vice Chairperson. All
parameters of the election shall be consistent with those used to elect the Chairperson.
xii. Unless there are not sufficient candidates, no Commission members shall serve as
elected officers for the Commission more than two consecutive one‐year terms in order
to maintain diversity in Commission leadership.
ARTICLE II – RULES OF PROCEDURE
2.1 ROBERT’S RULES OF ORDER:
i. Unless otherwise provided by law or modified by these rules, the procedure for
Commission meetings shall be governed by Robert’s Rules of Order.
ii. The Commission has an obligation to the public to be clear and simple in its
procedures and in the consideration of the questions coming before it. Therefore,
Commission members should avoid invoking the finer points of parliamentary procedure
when such points serve only to obscure the issues before the Commission as a whole,
and to confuse the audience at public meetings and the public in general.
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2.2 PRESIDING OFFICER:
i. The Chairperson, or in the Chairperson’s absence the Vice Chairperson, shall serve as
the Presiding Officer for purposes of running a Commission meeting. The Presiding
Officer cannot make motions but may vote on matters before the Commission.
ii. In the absence of both the Chairperson and Vice Chairperson at a Commission
meeting, City staff shall solicit nominations for and manage election of a Presiding
Officer in the same manner as the election of the Officers as set out in Article 1.4. The
Presiding Officer so elected may vote on any matter before the Commission.
2.3. ROBERT’S RULES OF ORDER ASSISTANCE:
i. City staff may provide guidance and support to the Presiding Officer on any questions
of order.
ARTICLE III – MEETINGS AND TRAININGS
3.1 QUORUM:
i. The Commission has nine voting members. More than 50% of the seated voting
members shall constitute a quorum at any given meeting.
ii. If less than a quorum is present at any meeting, the meeting may continue, however
no action can be taken, only informational items may be presented. Current items will
be carried over to the next regular meeting.
iii. A meeting may be canceled if needed (e.g., weather, local, state, or national
emergency). Current items will be carried over to the next meeting.
3.2 REGULAR MEETINGS:
i. The Commission shall meet on the second Tuesday of every month at 5:30 p.m. and in
person to the greatest extent possible. The Commission shall have the authority to
change a regular meeting date and time, if necessary, by action of a majority of the
Commission at a regular Commission meeting. If a regularly scheduled meeting falls on
a city holiday, it shall be held on the next business day for which there is no conflict in
meeting locations.
ii. A meeting schedule for the following year shall be proposed by City staff and placed
on the New Business portion of the agenda for the final meeting of the current year.
The Commission may approve or amend the proposed meeting schedule by simple
majority vote of those in attendance.
iii. The Chairperson may change, cancel, or alter the date of a meeting on an emergency
basis as needed.
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3.3 SPECIAL MEETINGS:
i. The Chairperson may call special meetings, work sessions and Commission meetings
when proper and as necessary with notice to Commission members and the public.
Work sessions shall be noticed as public meetings and all Commission members may
participate.
3.4. OPEN PUBLIC MEETINGS ACT AND PUBLIC RECORDS ACT:
i. The Commission shall comply with the Open Public Meetings Act (OPMA) and the
Public Records Act (collectively the “Acts”). In accordance with RCW 42.30.205, RCW
42.56.150, and RCW 42.56.152, members are required to complete OPMA and Public
Records Act training within 90 days of their appointment. These trainings will be
conducted during the Commission’s inaugural meeting.
ii. Thereafter, the Commission will receive refresher sessions on the Acts every two
years. Upon completion of the trainings, members shall submit a Certificate of
Completion to the City Clerk Division documenting attendance of initial training and
subsequent trainings for public officers.
3.5. RENTON EQUITY LENS TRAINING:
i. Commission members will receive training on how to use the Renton Equity Lens
within 120 days for initial formation, and thereafter within 90 days of their appointment
and confirmation and every two years thereafter.
3.6. SUBCOMMITTEES:
i. A majority of the members of the Commission may name such subcommittee or
subcommittees, as in its judgment, will aid in effectuating the purpose of this Chapter
and may empower any such subcommittee to review policies, practices, and procedures
and advise the full Commission regarding its findings on equity issues for the
Commission to take action within the purview of this Chapter.
3.7. VIRTUAL MEETINGS AND REMOTE ATTENDANCE:
3.7.1. Virtual Meetings:
i. Although the Commission shall have a standard practice of meeting in person at a site
determined by City staff, if needed, or directed to do so because of an emergency
situation, the Commission will be permitted to conduct business via a virtual platform if
allowed by law. Regardless of how the meeting is conducted, members will be invited
to attend and participate as outlined in Article I.3 and in accordance with current OPMA
guidelines.
3.7.2. Remote Attendance:
i. Any member may attend a meeting remotely if (1) by telephonic access, or by other
electronic, internet or other means of remote access acceptable to and arranged with
City staff, and (2) if all persons attending the meeting can hear and be heard by the
member attending remotely. This paragraph will be interpreted to comply with
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Washington State requirements for the OPMA and may be subject to change to comply
with those requirements.
3.8. NOTICE:
i. All meetings will be noticed by the City Clerk Division at least 24 hours in advance of
the meeting. Each meeting notice shall include the date, time, location, and primary
agenda topics.
ii. In addition, an email notice may be sent to all interested persons providing a link to
the City’s website on which the meeting agenda and supporting materials will be
posted. If the website is not available at the time of the notification, meeting materials
may be sent as attachments to the email.
3.9. ATTENDANCE REQUIREMENTS:
i. Commission members are expected to attend all Commission meetings within a
calendar year. Occasional absence is excused with notification submitted to the City
staff and Chairperson. Two unexcused absences from Commission meetings in a
calendar year may result in the Commission submitting a removal recommendation to
the Mayor. The Commission will vote on all absences to determine if they are excused
or unexcused following the roll call portion of their meeting.
ii. If the cause of absence is not of an excusable and temporary nature, including, but
not limited to, illness, vacation or work necessity, staff shall work with the Chairperson
to contact the member and remind the member that attendance is a key responsibility
of membership. A Commissioner who does not attend and does not provide advance
notice of their absence may be presumed to have an unexcused absence; the absence
may be excused by the Commission at a later meeting.
iii. Members who have more than two unexcused absences in a calendar year may be
removed by action of the Mayor. Vacant positions may be refilled for the unexpired
portion of the term according to the process outlined in Section 1.3 above.
3.10. GENERAL DECORUM:
3.10.1. Presiding Officer:
i. The Presiding Officer shall preserve decorum and decide all points of order, subject to
appeal to the Commission.
3.10.2. Members:
i. While the Commission is in session, all members must preserve order, decency and
decorum, and no member shall delay or interrupt the proceedings of the Commission or
disturb any member while speaking or refuse to obey the order of the Presiding Officer.
Discussion by members of the Committee shall relate to the subject matter at hand and
shall be relevant and pertinent to allow for the expeditious disposition and resolution of
the business before the Commission.
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3.10.3. Staff:
i. City staff and other representatives attending Commission meetings shall observe the
same rules of procedure, decorum, and good conduct applicable to the members of the
Commission.
3.10.4. Public Addressing Commission:
i. There will be a public comment period on the regular agenda of the Commission, any
time limits on comments will be clearly identified on the published agenda.
ii. Any person whose conduct disrupts a Commission meeting from going forward may
be barred from that meeting by the Presiding Officer.
iii. Disruptive conduct that continues after a notice and warning from the Presiding
Officer may result in the removal of the individual from that meeting, or a clearing of
the room, or the meeting may be adjourned.
iv. An individual may not return for the remainder of the disrupted meeting unless
permission is granted by a majority vote of the Commission quorum in attendance.
3.10.5. Use of Email:
i. Email may be used to distribute information to the Commission.
ii. In compliance with the OPMA, responses to the full group which stimulate dialogue,
and/or discussion of pending action items are prohibited; such responses should be
made during the next Commission meeting during which a quorum is present.
iii. All communications related to the business of the Commission may be subject to the
Public Records Act.
3.10.6. SETTING THE MEETING AGENDA:
i. City staff will create a draft meeting agenda prior to each meeting.
ii. Staff will provide the draft meeting agenda to the Chairperson and Vice Chairperson
to review and finalize the agenda before the meeting documents are distributed to the
Commission members and published.
3.10.7. ORDER OF BUSINESS:
i. The order of business for all regular Commission meetings shall be as follows,
provided, however when it appears to be in the best interest of the public, the order of
business may be changed for any single meeting by majority vote:
Call to Order
Roll Call
Public Comment
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Consent Agenda (including approval of previous meeting minutes)
Special Presentations and Reports
Equity, Housing, and Human Services Administrator’s Report
Staff Report
Chairperson’s Report
Committee Member Comments
Unfinished Business
New Business
General Business Discussion Items
Action Items
Debate of Items as needed
Adjournment
ARTICLE IV – ETHICS
4.1. STATE AND CITY ETHICS CODE/OPEN PUBLIC MEETINGS ACT:
i. Members shall follow the City’s Code of Ethics Policy 100‐07. A copy of this policy is
included in the Commission handbooks distributed to members upon appointment.
4.2. CONFLICTS:
i. Commission members are required to indicate whether they have a conflict of interest
concerning action items on the Commission agenda. They must recuse themselves from
voting and discussion on action items if they have a direct conflict.
4.3. GIFTS:
i. Members shall not accept gifts from any person having an interest in the work of the
Committee.
ARTICLE V – SUSPENSION AND AMENDING THE BYLAWS
5.1. SUSPENSION:
i. Any provision of these Bylaws may be temporarily suspended for a single meeting by a
majority vote of the Commission members present. The vote on any such suspension
shall be taken by voice vote unless a show of hands is required for clarification. The
temporary suspension shall remain in effect for the remainder of the meeting.
ii. Any actions taken under a suspension must be ratified at the next regular meeting.
5.2. AMENDMENT:
i. These Bylaws may be amended or repealed, and new Bylaws may be adopted at any
meeting of the Commission by a vote of more than 50% of the seated voting
membership, provided such changes are submitted to all members by City staff in
writing at least four days prior to such meeting.
ii. A special meeting may be called for such purposes.
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iii. All amendments to the Bylaws adopted by the Commission shall be provided in
writing to the office of the Mayor and City Council for approval. Such Bylaws shall not
be effective until approved by the City Council.
PASSED BY THE RENTON EQUITY COMMISSION THIS XX DAY OF XX 2022, AND EFFECTIVE ON THE DATE
APPROVED BY THE RENTON CITY COUNCIL XX XX, 2022.
Linda S. Moschetti‐Newing
Equity, Housing, and Human Services
Administrative Assistant
Chairperson Administrator
Renton Equity Commission Equity, Housing, and Human Services
Approved as to form:
M. Patrice Kent
Senior Assistant City Attorney
AGENDA ITEM #6. d)
AB - 3166
City Council Regular Meeting - 08 Aug 2022
SUBJECT/TITLE: Airborne Aircraft Management LLC
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Public Works Airport
STAFF CONTACT: Manny Cruz, Airport Business Coordinator
EXT.: 7478
FISCAL IMPACT SUMMARY:
The Puget Sound Energy Hangar lease terminated on February 28, 2022. Their former sublease tenant,
“Airborne Aircraft Management, LLC” has requested to stay in the hangar until the Airport develop s an RFP for
a new tenant, or redevelopment of the site. This RFP should be ready within the next 24 months for the
parcel. In the interim, the tenant shall pay the Airport a Minimum Monthly Rent in the sum of $6,875.47 per
month ($2,009.52 Land Component + $4,893.45 Building Component - $27.50 Lease Credit for Airport
Generator) , totaling $82,505.64 annually. If the agreement is approved, the tenant agrees to pay City for
retroactive rent going back to March 1, 2022.
SUMMARY OF ACTION:
The Renton Airport and Airborne Aircraft Management, LLC are in agreement regarding a month -to-month
term lease. Airborne Aircraft Management, LLC has been occupying the 622 Hangar on a month-to-month
basis as a subtenant since September 21, 2003. This month-to-month increases the monthly rent to a
negotiated rate of $1.10/sq.ft., up from the previous rate of $0.77 sq.ft. After Puget Sound Energy (PSE)
terminated their lease on February 28, 2022, the current subtenant to PSE, Airborne Aircraft Management LLC
indicated a desire to lease the facility as a tenant. While the City evaluates whether to go out for an RFP to
develop the parcel, the Airport would like to receive the negotiated rent for this facility, and Airborne Aircraft
Management LLC has agreed to the negotiated rate retroactively dated back to the date of the lease
termination with Puget Sound Energy.
EXHIBITS:
A. Lease Agreement
B. Lease Map
C. Aircraft Laws and Regulations
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the month-to-month Lease with Airborne Aircraft
Management, LLC. Such authorization will have an initial increased annual economic impact of $82,505.64.
AGENDA ITEM #6. e)
LEASEAGREEMENT
City of Renton to AIRBORNE AIRCRAFTMANAGEMENT LLC (Parcel 622)
MONTH-TO-MONTH BUILDING&PREMISES
THIS LEASE(hereinafter ”Lease")is made and entered into this 31 day of March 2022,by and
between THE CITYOF RENTON,a Washington municipal corporation (hereinafter "Landlord"or
the ”City”),and AIRBORNEAIRCRAFTMANAGEMENT LLC,a Washington limited liability company
(hereinafter ”Tenant”).
lniconsiderationofthecovenants and agreements set forth in this Lease,Landlord and Tenant
agreeas follows:
1.GRANT OF LEASE:
1.a.Documents of Lease:The following document constitutes this Lease,together
with:
Exhibit A -Lease Map and Legal Description
Exhibit B -Aircraft Laws and Regulations,RCW 47.68.2502 Public Highways and
Transportation
1.b.Legal Description:Landlord hereby leases to Tenant,and Tenant leases from
Landlord for the term described in Section 3 below,PARCEL 622,ON 622 W PERIMETERRD,
RENTON WA 98057]as more fully described in this Lease,with said parcels shown on Exhibit ”A”
(lease map and legal description),which is attached hereto and incorporated herein by this
reference (hereinafter,"Premises").
1.c.Common Areas:Tenant,and its Authorized Representatives,subtenants,
assignees,and licensees,shall have the right to use,in common with others,on a non-exclusive
basis and subject to the Airport Regulations and Minimum Standards (as they may be amended
from time to time)pursuant to Section 8(e)below,the public portion of the Renton Municipal
Airport (aka Clayton Scott Field,hereinafter referred to as ”Airport”),including the runway and
other public facilities provided thereon.
1.c.(1).Notwithstanding anything in this Lease to the contrary,Landlord acknowledges
that direct access to the taxiways and runway from the Premises is essential to the conduct of
Tenant's business on the Premises and,except during construction activities occurring on the
taxiways,runway or weather related events,Landlord shall ensure that Tenant and its
representatives,subtenants,assignees,agents,invitees,and licensees have direct access to the
taxiways and runway at all times during the Term.
LEASEAGREEMENT
City of Renton to Airborne Aircraft Management,LLC(Parcel 622)
AGENDA ITEM #6. e)
LAG -
2.CONDITIONS:
2.a.Specific Conditions:This Lease,and Tenant's rights and permitted uses under this
Lease are subject to the following:
2.a.(1).The Airport Regulations and Minimum Standards pursuant to Section 8(e)
of this lease agreement,including Landlord's standards concerning operation of public
aviation service activities from the Airport;and
2.a.(2).All such non-discriminatory charges and fees for such use of the Airport
as may be established from time to time by Landlord.
2.b.No Conveyance of Airport:This Lease shall in no way be deemed to be a conveyance
ofthe Airport,and shall not be construed as providing any special privilege for any public portion
of the Airport except as described herein.The Landlord reserves the absolute right to lease or
permit the use of any portion of the Airport for any purpose deemed suitable for the Airport,
except that portion that is leased hereby.
2.c.Nature of Landlord's Interest:It is expressly understood and agreed that Landlord
holds and operates the Airport and the Premises under and subject to a grant and conveyance
thereof to Landlord from the United States of America,acting through its Reconstruction Finance
Corporation,and subject to all the reservations,restrictions,rights,conditions,and exceptions
of the United States therein and thereunder,which grant and conveyance has been filed for
record in the office of the Recorder of King County,Washington,and recorded in Volume 2668
of Deeds,Page 386;and further that Landlord holds and operates said Airport and Premises
under and subject to the State Aeronautics Acts of the State of Washington (chapter 165,laws of
1947),and any subsequent amendments thereof or subsequent legislation of said state and all
rules and regulations lawfully promulgated under any act or legislation adopted by the State of
Washington or by the United States or the Federal Aviation Administration.it is expressly agreed
that the Tenant also accepts and will hold and use this Lease and the Premises subject thereto
and to all contingencies,risks,and eventualities of or arising out of the foregoing,and if this
Lease,its Term,or any conditions or provisions of this Lease are or become in conflict with or
impaired or defeated by any such legislation,rules,regulations,contingencies or risks,the latter
shall control and,if necessary,modify or supersede any provision of this Lease affected thereby,
all without any liability on the part of,or recourse against,Landlord in favor of Tenant,provided
that Landlord does not exceed its authority under the foregoing legislation,rules and regulations
and provided further that,in the event that this Lease is modified or superseded by such
legislation,rules,regulations,contingencies or risks,all compensation payable to the Landlord
for a third party's use of the improvements during the Term shall be paid to the Tenant,its
successors or its assigns.
LEASEAGREEMENT
City of Renton to Airborne Aircraft Management,LLC(Parcel 622)
AGENDA ITEM #6. e)
LAG -
2.d.Future Deve|opment[Funding:Nothing contained in this Lease shall operate or be
construed to prevent or hinder the future development,improvements,or operation of Airport
by Landlord,its agents,successors or assigns,or any department or agency of the State of
Washington or of the United States,or the consummation of any loan or grant of federal or state
funds in aid of the development,improvement,or operation of the Renton Airport,but
Landlord's exercise of such rights shall not unreasonably interfere with Tenant's rights under this
Lease.
2.f.Cleaning of Catch Basins and Oil[Water Separators:At Tenant's cost,Tenant shall
routinely inspect,and clean and remove all sediment and other debris from,the catch basins and
oil/waterseparators on the Premises.in doing so,Tenant shall comply with all applicable federal,
state,and local laws and regulations.Tenant shall provide Landlord with documentation of
inspection,cleaning,and removal.
3.ill:The term of this Lease (the ”Term”)as to the Premises shall be for a month-
to—monthterm commencing on March 1,2022 (hereinafter ”Commencement Date”),and shall
continue on a month-to-month basis until such time as one party gives the other written notice
of termination,except that Landlord may terminate this lease upon not less than three days’
notice in the case of nonpayment of rent.Either party may,upon written notice to the other
delivered at least thirty (30)days before the end of the calendar month,terminate this lease
without cause at such effective date.
4.RENT[FEES[CHARGES:
4.a.Minimum Monthly Rent:Tenant shall pay to Landlord a Minimum Monthly Rent,
PLUS Leasehold Excise Tax as described in this section,below,without deduction,offset,prior
notice or demand,payable promptly in advance on the first day of each and every month.All
such payments shall be made to the City of Renton,Attention:Fiscal Services,1055 South Grady
Way,Renton,Washington 98057.The Minimum Monthly Rent,beginning on the
Commencement Date,is based upon an estimated building lease area (which the parties stipulate
to be accurate)of 21,922 square feet,and is computed as follows:
Rental Payment Schedule
(Monthly Rental -Land Component
-(21,922 square feet)($1.10 per square foot per year)=$24,114.20/yr,($24,114.20/12
months:$2,009.52 per month)
Monthly Credit Back —Airport Generator
-(300 Square feet)($1.l0 per square foot per year)=$330.00/yr,($330.00/12 months =
$27.50 per month)
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Monthly Rental —Building Component
-(5,757 square feet)($10.20 per square foot per year)=$58,721.40/yr,($58,721.40/12
months =$4,893.45 per month)
Monthly Rental land Component $2,009.52
Credit -Airport Generator -$27.50
Monthly Rental -Building Component $4,893.45
Total monthly rental,plus leasehold excise tax $6,875.47
4b.Rental Adiustment:Landlord shall give written notification to Tenant of any change
in the rental amount at least thirty (30)days prior to the effective date of the rental adjustment.
4.c.Late Payment Charge:If any Rent is not received by Landlord from Tenant by the
tenth (10“‘)business day after such Rent is due,Tenant shall immediately pay to Landlord a late
charge equal to five percent (5%)of the amount of such Rent.Should Tenant pay said late charge
but fail to pay contemporaneously therewith all unpaid amounts of Rent,Landlord's acceptance
of this late charge shall not constitute a waiver of Tenant's default with respect to Tenant's
nonpayment nor prevent Landlord from exercising all other rights and remedies available to
Landlord under this Lease or under law.If any check received by Landlord from Tenant is
returned unpaid for any reason,Landlord reserves the right to charge,and Tenant agrees to pay,
an additional charge up to the maximum amount allowed by law.Landlord's acceptance of this
additional charge shall not constitute a waiver of Tenant's default with respect to Tenant's
returned check nor prevent Landlord from exercising all other rights and remedies available to
Landlord under this Lease or under law.Unpaid amounts of rent,late charges,or additional
charges shall bear interest at the rate of twelve (12%)percent per annum until paid.
4.d.Other Fees and Charges:Tenant shall pay,in addition to the Monthly Rent and
other charges identified in this Lease,all non-discriminatory fees and charges now in effect or
hereafter levied or established by Landlord or charged against the Premises and against other
similarly situated Tenants at the Airport by Landlord,or levied or established by,or against the
Premises by any other governmental agency or authority,being or becoming levied or charged
against the Premises,structures,business operations,or activities conducted by or use made by
Tenant of,on,and from the Premises,including without limitation,Aircraft Rescue and Fire
Fighting or services rendered to the Tenant or the Premises.
4.e.Rent Due Upon Execution:In exchange for Tenant's use and occupation of the
Premises beginning on March 1,2022,Tenant shall,within ten (10)days of the execution of this
Lease,remit all rent payments that have not already been made,in connection with Tenant's
rent and usage of the Premises for the months of March 2022 and April 2022 as though the
payments were timely made,without any additional penalty.Beginning on May 1,2022,the due
date for future rent payments will commence as described in this section.
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5.LEASEHOLDEXCISETAX:Tenant shall pay to Landlord the leasehold excise tax as
established by RCW Chapter 82.29A,as amended,or any replacement thereof,which tax shall be
in addition to the Monthly Rent and other charges payable under this Lease and shall be paid at
the same time the Monthly Rent is due.If the State of Washington or any other governmental
authority having jurisdiction thereover shall hereafter levy or impose any similar tax or charge on
this Lease or the leasehold estate described herein,then Tenant shall pay such tax or charge
when due.Such tax or charge shall be in addition to the Monthly Rent and other taxes or charges
payable under this Lease.
6.PAYMENTOF UTILITIESAND RELATEDSERVICES.Tenant shall pay for all utilities
and services used in the Premises,including without limitation electricity,gas,water,sewer,
garbage removal,janitorial service,and any other utilities and services used in the Premises.
Landlord shall not be liable for any loss or damage caused by or resulting from any variation,
interruption,or failure of any utility services due to any cause whatsoever,except,and only to
the extent caused by,Landlord's negligence.Landlord shall not be liable for temporary
interruption or failure of such services incidental to the making of repairs,alterations or
improvements,or due to accident,strike,act of God,or conditions or events not under Landlord's
control.Temporary interruption or failure of utility services shall not be deemed a breach of the
Lease or as an eviction of Tenant,or relieve Tenant from any of its obligations hereunder.
7.TENANT'SACCEPTANCEOF PREMISES:
7.a.Acceptance of Premises:By occupying the Premises,Tenant formally accepts the
Premises in ’’ASIS’’condition,and acknowledges that the Landlord has complied with all the
requirements imposed upon it under the terms of this Lease with respect to the condition of the
Premises at the Commencement Date.Tenant hereby accepts the Premises subject to all
applicable zoning,federal,state,county and municipal laws,ordinances and regulations
governing and regulating the use of the Premises,and accepts this Lease subject thereto and to
all matters disclosed thereby and by any exhibits attached hereto.Tenant acknowledges that,
except as otherwise provided in this Lease,neither Landlord nor Landlord's agents have made
any representation or warranty as to the suitability of the Premises for the conduct of Tenant's
business or use.Except as otherwise provided herein,Landlord warrants Tenant's right to
peaceably and quietly enjoy the Premises without any disturbance from Landlord,or others
claiming by or through Landlord.
8.USE OF PREMISES:
8.a.Use of Premises:The Premises are leased to the Tenant for the following
described purposes and uses necessary to said purposes:
8.a.(1).Aircraft Maintenance including inspection,major and minor repair,and major and
minor alteration of airframes,engines,avionics,interiors and aircraft components;
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8.a.(2).Storage and tie-down of aircraft,both indoors and outdoors;
8.a.(3).Commercial flight operations including flight training,aircraft rental,sightseeing,
aerial photography and any operations conducted under 14 CFR Part 91 and 14 CFR Part 135;
8.a.(4).Aircraft grooming;and
8.b.Continuous Use:Tenant covenants that the Premises shall be continuously used for
8.a.(l)and 8.a.(3),and some or all of the remaining purposes set forth above during the Term,
shall not be allowed to stand vacant or idle,subject to reasonable,temporary interruptions for
maintenance,construction,or other purposes,and shall not be used for any other purpose
without Landlord's prior written consent.Consent of Landlord to other types of aviation activities
will not be unreasonably withheld.
8.c.Non-Aviation Uses Prohibited:Tenant agrees that the Premises may not be used
for uses or activities that are not related,directly or indirectly,to aviation.
8.d.Advertising:No advertising matter or signs shall be displayed on the Premises,at
any time,without the prior written approval of Landlord,which approval will not be unreasonably
withheld.
8.e.Conformity with Laws,Rules and Regulations:Tenant shall comply with applicable
federal,state,county and municipal laws,ordinances and regulations concerning Tenant's use of
the Premises.Tenant shall keep and operate the Premises and all structures,improvements,and
activities in or about the Premises in conformity with the Airport Regulations and Minimum
Standards and other reasonable rules and regulations now or hereafter adopted by Landlord,
provided that all such Airport Regulations and Minimum Standards and other rules adopted
hereafter are non-discriminatory,all at Tenant's cost and expense.
8.f.Waste;Nuisance;Illegal Activities:Tenant shall not permit any waste,damage,or
injury to the Premises or improvements thereon,nor allow the maintenance of any nuisance
thereon,nor the use thereof for any illegal purposes or activities.
8.g.Increased lnsurance Risk:Tenant shall not do or permit to be done in or about the
Premises anything which will be dangerous to life or limb,or which will increase any insurance
rates upon the Premises or other buildings and improvements at the Airport.
8.h.Hazardous Waste:
8.h.(1).Tenant's Representation and Warranty:Tenant shall not dispose of or otherwise
allow the release of any Hazardous Substances in,on or under the Premises,the Airport,or any
tenant improvements or alterations placed on the Premises by Tenant.Tenant represents and
warrants to Landlord that Tenant's intended use of the Premises does not and will not involve
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the use,production,disposal or bringing on to the Premises of any Hazardous Substances other
than fuels,lubricants and other products which are customary and necessary for use in Tenant's
ordinary course of business,provided that such products are used,stored and disposed of in
accordance with applicable laws and manufacturer's and supplier's guidelines.Tenant shall
promptly comply with all laws and with all orders,decrees or judgments of governmental
authorities or courts having jurisdiction,relating to the use,collection,treatment,disposal,
storage,control,removal or cleanup by Tenant of Hazardous Substances,in,on or under the
Premises,or incorporated in any improvements or alterations made by Tenant to the Premises,
at Tenant's sole cost and expense.
8.h.(2).Standard of Care:Tenant agrees to use a high degree of care to be certain that
no Hazardous Substances are released or disposed or improperly used in,on or under the
Premises during the Term by Tenant,or its Authorized Representatives or assigns,or are released
or disposed or improperly used on the Premises by the act of any third party.
8.h.(3).Tenant's Non-Compliance:In the event of non-compliance by Tenant,after
notice to Tenant and a reasonable opportunity for Tenant to effect such compliance,Landlord
may,but is not obligated to,enter upon the Premises and take such actions and incur such costs
and expenses to effect such compliance with laws as it deems advisable to protect its interest in
the Premises,provided,however that Landlord shall not be obligated to give Tenant notice and
an opportunity to effect such compliance if (i)such delay might result in material adverse harm
to the Premises or the Airport,or (ii)an emergency exists.Tenant shall reimburse Landlord for
the full amount of all costs and expenses incurred by Landlord in connection with such
compliance activities and such obligation shall continue even after expiration or termination of
the Term.Tenant shall notify Landlord immediately of any release of any Hazardous Substances
in,on or under the Premises.
8.h.(4).Indemnity:
8.h.(4)(a).Landlord shall have no responsibility to the Tenant,or any other third party,
for removal or remedial action under Chapter 7OA.305 RCW,or any other federal,state,county
or municipal laws,in the event of a release of or disposal of any Hazardous Substances in,on or
under the Premises during the Term that are caused by Tenant.Tenant shall defend,indemnify
and hold harmless Landlord,its officials,employees,agents and contractors (hereinafter "City
lndemnitees”)from any claims,obligation,or expense (including,without limitation,third party
claims for personal injury or real or personal property damage),actions,administrative
proceedings,judgments,penalties,fines,liability,loss,damage,obligation or expense,including,
but not limited to,fees incurred by the Landlord or City lndemnitees for attorneys,consultants,
engineers,damages,environmental resource damages,and removal or remedial action under
Chapter 7OA.305 RCW or other remediation,arising by reason of the release or disposal of any
Hazardous Substances in,on or under the Premises during the Term that are caused by Tenant.
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8.h.(4)(c).The provisions of this Subsection 8.h.(4)shall survive the expiration or
termination of the Term.No subsequent modification or termination of this Lease by agreement
of the Parties or otherwise shall be construed to waive or to modify any provisions of this Section
unless the modification or termination agreement or other binding document expressly so states
in writing.
8.h.(5).Dispute Resolution:In the event of any dispute between the Parties concerning
whether any Hazardous Substances were brought onto the Premises by Tenant,or whether any
release of or disposal of any Hazardous Substance was caused by Tenant,the Parties agree to
submit the dispute for resolution by arbitration upon demand by either Party.Landlord and
Tenant do hereby agree that the arbitration process shall be limited to not more than one
hundred fifty (150)calendar days,using the following procedures:
8.h.(5).a.Landlord shall select and appoint one arbitrator and Tenant shall select and
appoint one arbitrator,both appointments to be made within a period of sixty (60)days from the
end of the negotiation period cited in Section 8.h.(5),and both arbitrators to be environmental
consultants with experience in the identification and remediation of Hazardous Substances.
Landlord and Tenant shall each notify the other of the identity of their arbitrator and the date of
the postmark or personal delivery ofthe letter shall be considered the date of appointment.Each
Party shall bear the cost of the arbitrator named by it.
8.h.(5).b.The two appointed arbitrators shall meet,and shall make their decision on the
dispute in writing within thirty (30)days after the date of their appointment.If the appointment
date for either arbitrator is later than the other,the latter date shall be the appointment date for
purposes of the thirty (30)day deadline.
8.h.(5).c.If the two arbitrators are unable to agree on a decision on the dispute within a
period of thirty (30)days after such appointment,they shall,within a period of thirty (30)days
after the first thirty (30)day period,select a third arbitrator who is an environmental consultant
with experience in the identification and remediation of Hazardous Substances.If such third
arbitrator has not been selected or if such third arbitrator has not accepted such appointment
within such thirty (30)day period,either of the two arbitrators,Landlord,or Tenant may apply
to the head of the Seattle office of the American Arbitration Association to appoint said third
arbitrator.
8.h.(5).d.The three arbitrators shall have thirty (30)days from the date of selection of
the third arbitrator to reach a majority decision unless the time is extended by agreement of both
Parties.The decision of the majority of such arbitrators shall be final and binding upon the
Parties.
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8.h.(5).e.The three arbitrators shall make their decision on their dispute in writing within
sixty (60)days after the third arbitrator's appointment,unless the time is extended by the
agreement of the Parties.The decision of a majority of the arbitrators shall be final and binding
upon the Parties.The Parties shall bear equally the cost of the third arbitrator.
8.i.Aircraft Registration Compliance:The Tenant is hereby notified of the Washington
State law concerning aircraft registration and the requirement that the Tenant comply therewith.
See Exhibit B ("Aircraft Laws and Regulations,RCW 47.68.25O Public Highways and
Transportation”).
8.i.(l).Tenant shall annually,during the month of January,submit a report of aircraft
status to the Airport Manager.One copy of this report shall be used for each aircraft owned by
the Tenant,and sufficient forms will be submitted to identify all aircraft owned by the Tenant
and the current registration status of each aircraft.If an aircraft is unregistered,an unregistered
aircraft report shall also be completed and submitted to the Airport Manager.
8.i.(2).Tenant shall require from an aircraft owner proof of aircraft registration or proof
of intent to register an aircraft as a condition of subleasing tie-down or hangar space for an
aircraft.Tenant shall further require that annually,thereafter,each aircraft owner using the
Tenant's Premises submit a report of aircraft status,or,if an aircraft is unregistered,an
unregistered aircraft report.Tenant shall annually,during the month of January,collect the
aircraft owners’reports and submit them to the Airport Manager.
8j.Aircraft airworthiness:Aircraft placed,parked or stored other than within hangar
buildings must be airworthy.Whenever an aircraft is temporarily undergoing repairs exceeding
30 days,the Tenant will notify the Airport Manager of the repair status,and the date repairs will
be completed.When requested by the Landlord,the Tenant must provide a schedule showing
when repairs will be completed as to each such aircraft.If Tenant fails to adhere to an agreed-
upon repair schedule,or fails to place and maintain the required red tag on the aircraft,the
Tenant may be subject to Civil Penalties or termination of this lease upon proper notice from the
City of Renton.
9.MAINTENANCE:
9.a.Maintenance of Premises:The Premises and all of the improvements or structures
thereon and authorized by the Landlord for use by the Tenant,shall be used and maintained by
Tenant in an operable,neat,orderly,and sanitary manner.Tenant is responsible for the clean-
up and proper disposal at reasonable and regular intervals of rubbish,trash,waste and leaves
upon the Premises,including that blown against fences bordering the Premises,whether as a
result of the Tenant's activities or having been deposited upon the Premises from other areas.
Tenant shall maintain in good condition and repair the Premises,subject to ordinary wear and
tear,including,the interior walls,floors,and any interior portions of all doors,windows,and
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glass,parking areas,landscaping,fixtures,heating,ventilating and air conditioning,including
exterior mechanical equipment.Tenant shall make all repairs,replacements,and renewals,
whether ordinary or extraordinary,anticipated or unforeseen,that are necessary to maintain the
Premises in the condition required by this Section.Landlord will be responsible for plumbing and
sewage facilities within the building or under the floor slab including free flow up to the main
sewer line,utility facilities,exterior utility facilities,and exterior electrical equipment serving the
Premises.
9.b.Removal of Snow[Floodwater[Mud:Tenant shall be responsible for removal from
the Premises,all snow and/orfloodwaters or mud deposited,with the disposition thereof to be
accomplished in such a manner so as to not interfere with or increase the maintenance activities
of Landlord upon the public areas of the Airport.
9.c.Maintenance,Repair and Marking of Pavement:Tenant shall be responsible for,and
shall perform,the maintenance,repair and marking (painting)of pavement surrounding the
buildings within and on the Premises.Such maintenance and repair shall include,as a minimum,
crack filling,weed control,slurry seal and the replacement of unserviceable concrete or asphalt
pavements,as necessary.To the degree the concrete and asphalt pavements are brought to FAA
standards at any time during the Term of this Lease,Tenant shall maintain the concrete and
asphalt pavements in such condition.
9.d.Right of Inspection:Tenant will allow Landlord or Landlord's agent,free access at all
reasonable times to the Premises for the purpose of inspection,or for making repairs,additions
or alterations to the Premises,or any property owned by or under the control of Landlord.
Landlord shall provide ten (10)days’advance notice of any such inspection and use reasonable
efforts not to interfere with Tenant's use of the Premises during any such inspection.
9.e.Landlord May Perform Maintenance:If Tenant fails to perform Tenant's obligations
under this section,Landlord may at its option (but shall not be required to)enter the Premises,
after thirty (30)days’prior written notice to Tenant,except in the event of an emergency when
no notice shall be required,and put the same in good order,condition and repair,and the cost
thereof together with interest thereon at the rate of twelve (12%)percent per annum shall
become due and payable as additional rental to Landlord together with Tenant's next installment
of Rent.
10.ALTERATIONS:
10.a.Protection from Liens:Before commencing any work relating to alterations,
additions and improvements affecting the Premises (”Work”),Tenant shall notify Landlord in
writing of the expected date of commencement of the Work.Tenant shall pay,or cause to be
paid,all costs of labor,services and/or materials supplied in connection with any Work.Tenant
shall keep the Premises free and clear of all mechanics’materia|men‘s liens or any other liens
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resulting from any Work.Tenant shall have the right to contest the correctness or validity of any
such lien if,immediately on demand by Landlord,it procures and records a lien release bond
issued by a responsible corporate surety in an amount sufficient to satisfy statutory requirements
therefor in the State of Washington.Tenant shall promptly pay or cause to be paid all sums
awarded to the claimant on its suit,and,in any event,before any execution is issued with respect
to any judgment obtained by the claimant in it suit or before such judgment becomes a lien on
the Premises,whichever is earlier.If Tenant shall be in default under this Section,by failing to
provide security for or satisfaction of any mechanic's or other liens,then Landlord may,at its
option,in addition to any other rights or remedies it may have,discharge said lien by (i)paying
the claimant an amount sufficient to settle and discharge the claim,(ii)procuring and recording
alien release bond,or (iii)taking such other action as Landlord shall deem necessary or advisable,
and,in any such event,Tenant shall pay as Additional Rent,on Landlord's demand,all reasonable
costs (including reasonable attorney fees)incurred by Landlord in settling and discharging such
lien together with interest thereon at the rate of twelve (12%)percent per year from the date of
Landlord's payment of said costs.Landlord's payment of such costs shall not waive any default
of Tenant under this Section.
10.b.Bond:At any time Tenant either desires to or is required to make any repairs,
alterations,additions,improvements or utility installation thereon,or otherwise,Landlord may
at its sole option require Tenant,at Tenant's sole cost and expense,to obtain and provide to
Landlord a lien and completion bond in an amount equal to one and one-half (1-1/2)times the
estimated cost of such improvements,to insure Landlord against liability for mechanics and
materialmen's liens and to insure completion of the work.
10.c.Landlord May Make Improvements:Tenant agrees that Landlord may,at its option
and at its expense,make repairs,alterations or improvements which Landlord may deem
necessary or advisable for the preservation,safety or improvement of utilities or Airport
infrastructure on the Premises,if any.Landlord shall provide ten (10)days’advance notice of
any such work and use reasonable efforts to not interfere with Tenant's use of the Premises
during any such work.
11.IMPROVEMENTS:As further consideration for this Lease,it is agreed that upon the
expiration or termination of the Term,all structures and any and all improvements of any
character whatsoever installed on the Premises (except for any fuel tanks and related structures
owned by Tenant)shall be and become the property of the Landlord,and title thereto shall
automatically pass to Landlord at such time,and none of such improvements now or hereafter
placed on the Premises shall be removed therefrom at any time without Landlord's prior written
consent.During the Term,Tenant shall hold title to all improvements placed by Tenant on the
Premises.Tenant covenants and agrees that Tenant will pay and satisfy in full all outstanding
liens,or other debts,affecting or encumbering such improvements before transfer of ownership
of such improvements to Landlord upon the expiration ortermination of the Term.Alternatively,
Landlord may,at its option,require Tenant,concurrently with the expiration or termination of
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the Term,to remove any and all improvements and structures installed by Tenant,and repair any
damage caused thereby,at Tenant's expense.
12.EXEMPTION OF LANDLORDFROM LIABILITY.Landlord or Landlord's agents shall not
be liable for injury to persons or to Tenant's business or loss of income therefrom or for damage
which may be sustained by the person,goods,wares,merchandise or property of Tenant,its
Authorized Representatives,or any other person in or about the Premises,caused by or resulting
from (a)fire,electricity,gas,water or rain which may leak or flow from or into any part of the
Premises,(b)any defect in or the maintenance or use of the Premises,or any improvements,
fixtures and appurtenances thereon,(c)the Premises or any improvements,fixtures and
appurtenances thereon becoming out of repair,(d)the breakage,leakage,obstruction or other
defects of the pipes,sprinklers,wires,appliances,plumbing,heating,ventilating or air
conditioning or lighting fixtures of the Premises,(e)flooding of the Cedar River or other body of
water,or from any other source whatsoever,whether within or without the Premises;or (f)any
act or omission of any other tenant or occupant of the building in which the Premises are located,
or their agents,servants,employees,or invitees,provided,that the foregoing exemption shall
not apply to losses to the extent caused by Landlord's or its agents’,contractors’,or employees’
negligence or willful misconduct.
13.INDEMNITYAND HOLD HARMLESS:Tenant shall defend,indemnify and hold harmless
Landlord against any and all claims arising from (a)the conduct and management of or from any
work or thing whatsoever clone in or about the Premises or the improvements or equipment
thereon during the Term,or (b)arising from any act or negligence or willful misconduct of the
Tenant or any of its agents,contractors,patrons,customers,employees,or invitees,or (c)arising
from any accident,injury,or damage whatsoever,however caused,to any person or persons,or
to the property of any person,persons,corporation or other entity occurring during the Term in,
on,or about the Premises,and from and against all costs,attorney's fees,expenses,and liabilities
incurred in or from any such claims or any action or proceeding brought against the Landlord by
reason of any such claim,except to the extent caused by the sole negligence of Landlord,its
agents,contractors,employees,or its Authorized Representatives.Tenant,on notice from
Landlord,shall resist or defend such action or proceeding forthwith with counsel reasonably
satisfactory to,and approved by,Landlord.Landlord shall indemnify,defend,and hold Tenant
harmless from and against any and all claims,losses,damages,costs,attorney's fees,expenses,
and liabilities arising from the negligence or willful misconduct of Landlord or any of the City's
Authorized Representatives.On notice from Tenant,Landlord,at Landlord's expense,shall
defend any such action or proceeding forthwith.The indemnity in this Section shall not apply to
Hazardous Substances,which is addressed elsewhere in this Lease.
14.ASSIGNMENT &SUBLETTING:
14.a.Assignmentzsublettingz Tenant shall not voluntarily assign or encumber its interest
in this Lease or in the Premises,or sublease any part or all of the Premises,without Landlord's
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prior written consent,which consent shall not be unreasonably withheld,conditioned,or
delayed.Any assignment,encumbrance,or sublease,whether by operation of law or otherwise,
without Landlord's consent shall be void and shall constitute a default by Tenant under this Lease.
No consent to any assignment or sublease shall constitute a waiver of the provisions of this
Section and no other or subsequent assignment or sublease shall be made without Landlord's
prior written consent.Before an assignment or sublease will be approved,the proposed assignee
or subtenant must comply with provisions of the then current Airport Leasing Policies,including,
but not limited to the "Analysis of Tenant's Financial Capacity,”independent of Tenant's
compliance or Financial Capacity.Consent shall not be unreasonably withheld,conditioned,or
delayed.
In the case of an assignment of the full leasehold interest and/or complete sale of the stock or
other interests in the entity constituting Tenant and concomitant transfer of ownership of said
entity,(a)in the case of an assignment,the proposed assignee shall deliver to Landlord a written
instrument duly executed by the proposed assignee stating that it has examined this Lease and
agrees to assume,be bound by and perform all of Tenant's obligations under this Lease accruing
after the date of such assignment,to the same extent as if it were the original Tenant,and (b)in
the case of a stock transfer,Transferee shall deliver a written acknowledgment that it shall
continue to be bound by all the provisions of this Lease after the transfer.Except in the case of
an assignment of the full leasehold interest,any assignment permitted herein will not relieve
Tenant of its duty to perform all the obligations set out in this Lease or addenda hereto.In no
event will the assignment of the full leasehold interest or the complete sale of the stock or other
interests in the entity constituting Tenant and concomitant transfer of ownership of said entity
cause an extension of the Term of this Lease.
14.b.Conditions to Assignment or Sublease:Tenant agrees that any instrument by which
Tenant assigns or sublets all or any portion of the Premises shall (i)incorporate this Lease by
reference,(ii)expressly provide that the assignee or subtenant may not further assign or sublet
the assigned or sublet space without Landlord's prior written consent (which consent shall not,
subject to Landlord's rights under this Section,be unreasonably withheld,conditioned,or
delayed),(iii)acknowledge that the assignee or subtenant will not violate the provisions of this
Lease,and (iv)in the case of any assignment,acknowledge that Landlord may enforce the
provisions of this Lease directly against such assignee.If this Lease is assigned,whether or not in
violation of the terms and provisions of this Lease,Landlord may collect Rent from the assignee.
Acceptance of Rent by the Landlord shall not be a waiver of any of Landlord's remedies against
Tenant for violation of provisions of this Lease.A subtenant may cure Tenant's default.In either
event,Landlord shall apply the amount collected from the assignee or subtenant to Tenant's
obligation to pay Rent under this Lease.
14.c.No Release of Tenant's Liability:Neither an assignment or subletting nor the
collection of Rent by Landlord from any Person other than Tenant,nor the application of any such
Rent as provided in this Section shall be deemed a waiver of any of the provisions of this Section
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or release Tenant from its obligation to comply with the terms and provisions of this Lease and
Tenant shall remain fully and primarily liable for all of Tenant's obligations under this Lease,
including the obligation to pay Rent under this Lease,unless Landlord otherwise agrees in writing.
Notwithstanding the foregoing,in the event that Landlord's consent to assignment is obtained
for a complete assignment and Assignee agrees in writing to assume all of the obligations and
liabilities of this Lease accruing after such assignment,Tenant shall be relieved of all liability
arising from this Lease and arising out of any act,occurrence or omission occurring after
Landlord's consent is obtained.To the extent that any claim for which indemnification of the
Landlord (including with respect to Hazardous Substances)arises after Tenant's complete
assignment for conduct predating said assignment,the Tenant shall not be relieved of obligations
or liability arising from this Lease.
14.d.Documentation:No permitted subletting by Tenant shall be effective until there
has been delivered to Landlord a copy of the sublease and an executed Operating Permit and
Agreement in which the subtenant agrees not to violate and to act in conformity with the terms
and provisions of this Lease;provided that no Operating Permit shall be required for the
subletting of hangar or tie-down space for aircraft storage purposes.No permitted assignment
shall be effective unless and until there has been delivered to Landlord a counterpart of the
assignment in which the assignee assumes all of Tenant's obligations under this Lease arising on
or after the date of the assignment.
14.e.No Merger:Without limiting any of the provisions of this Section,if Tenant has
entered into any subleases of any portion of the Premises,the voluntary or other surrender of
this Lease by Tenant,or a mutual cancellation by Landlord and Tenant,shall not work a merger
and shall terminate all or any existing subleases or subtenancies.
15.DEFAULTAND REMEDIES:
l5.a.Default:The occurrence of any of the following shall constitute a default by Tenant
under this Lease:
l5.a.(1).Failure to Pay Rent:Failure to pay Rent when due,if the failure continues for a
period of three (3)business days after notice of such default has been given by Landlord to
Tenant.
15.a.(2).Failure to Comply with Airport Regulations and Minimum Standards:Failure to
comply with the Airport Regulations and Minimum Standards,ifthe failure continues for a period
of twenty-four (24)hours after notice of such default is given by Landlord to Tenant.if the failure
to comply cannot reasonably be cured within twenty-four (24)hours,then Tenant shall not be in
default under this Lease if Tenant commences to cure the failure to comply within twenty-four
(24)hours and diligently and in good faith continues to cure the failure to comply.However,said
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inability to cure within twenty-four (24)hours,diligence and good faith notwithstanding,cannot
be based on financial incapacity.
15.a.(3).Failure to Perform or Cure:Failure to perform any other provision of this Lease,
if the failure to perform is not cured within thirty (30)days after notice of such default has been
given by Landlord to Tenant.If the default cannot reasonably be cured within thirty (30)days,
then Tenant shall not be in default under this Lease if Tenant commences to cure the default
within thirty (30)days of the Landlord's notice and diligently and in good faith continues to cure
the default.
15.a.(4).Appointment of Trustee or Receiver:The appointment of a trustee or receiver
to take possession of substantially all of the Tenant's assets located at the Premises or of Tenant's
interest in this Lease,where possession is not restored to Tenant within sixty (60)days;or the
attachment,execution or other judicial seizure of substantially all of Tenant's assets located at
the Premises or of Tenant's interest in this Lease,where such seizure is not discharged within
sixty (60)days.
15.a.(5).Failure to Comply With Laws:It shall be a default ofthis Lease if the Tenant fails
to comply with any of the statutes,ordinances,rules,orders,regulations,and requirements of
the federal,state,and/orcity governments,or any terms of this Lease.
15.b.Additional Security:If Tenant is in default under this Lease,and such default
remains uncured for more than three (3)business days after Landlord gives Tenant notice of such
default,then Landlord,at Landlord's option,may in addition to other remedies,require Tenant
to provide adequate assurance of future performance of all of Tenant's obligations under this
Lease in the form of a deposit in escrow,a guarantee by a third party acceptable to Landlord,a
surety bond,a letter of credit or other security acceptable to,and approved by,Landlord.If
Tenant fails to provide such adequate assurance within twenty (20)days of receipt of a request
by Landlord for such adequate assurance,such failure shall constitute a material breach of this
Lease and Landlord may,at its option,terminate this Lease.
15.c.Remedies:If Tenant commits a default,then following the expiration of the notice
and cure periods set forth in Section 1S.a.above,Landlord shall have the following alternative
remedies,which are in addition to any remedies now or later allowed by law,and Landlord shall
use reasonable efforts to mitigate its damages:
15.c.(1).Maintain Lease in Force:To maintain this Lease in full force and effect and
recover the Rent and other monetary charges as they become due,without terminating Tenant's
right to possession,irrespective of whether Tenant shall have abandoned the Premises.If
Landlord elects to not terminate the Lease,Landlord shall have the right to attempt to re-let the
Premises at such rent and upon such conditions and for such a term,and to perform all acts
necessary to maintain or preserve the Premises as Landlord deems reasonable and necessary,
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without being deemed to have elected to terminate the Lease,including removal of all persons
and property from the Premises;such property may be removed and stored in a public
warehouse or elsewhere at the cost of and on the account of Tenant.In the event any such
re-letting occurs,this Lease shall terminate automatically upon the new Tenant taking possession
of the Premises.Notwithstanding that Landlord fails to elect to terminate the Lease initially,
Landlord at any time during the Term may elect to terminate this Lease by virtue of such previous
default of Tenant so long as Tenant remains in default under this Lease.
15.c.(2).Terminate Lease:To terminate Tenant's right to possession by any lawful
means,in which case this Lease shall terminate,and Tenant shall immediately surrender
possession of the Premises to Landlord.In such event Landlord shall be entitled to recover from
Tenant all damages incurred by Landlord by reason of Tenant's default including without
limitation thereto,the following:(i)any and all unpaid Rent which had been earned at the time
of such termination,plus (ii)any and all Rent which would have been earned after termination
until the time of occupancy of the Premises by a new tenant following the re-letting of the
Premises,plus (iii)any other amount necessary to compensate Landlord for all the detriment
proximately caused by Tenant's failure to perform its obligations under this Lease or which in the
ordinary course of business would be likely to result therefrom,including without limitation,in
(A)retaking possession of the Premises,including reasonable attorney fees therefor,(B)
maintaining or preserving the Premises after such default,(C)preparing the Premises for re-
letting to a new tenant,including repairs or necessary alterations to the Premises for such re-
letting,(D)leasing commissions incident to re-letting to a new tenant,and (E)any other costs
necessary or appropriate to re—|et the Premises;plus (iv)at Landlord's election,such other
amounts in addition to or in lieu of the foregoing as may be permitted from time to time by
applicable state law.The amounts referenced in this Section include interest at 12%per annum.
16.BINDINGAGREEMENT:Subject to the restriction upon assignment or subletting as
set forth herein,all of the terms,conditions,and provisions of this Lease shall be binding upon
the Parties,their successors and assigns,and if the Tenant is a natural person,his or her personal
representative and heirs.
17.CONDEMNATION:If the whole or any substantial part of the Premises shall be
condemned or taken by Landlord or any county,state,or federal authority for any purpose,then
the Term shall cease as to the part so taken from the day the possession of that part shall be
required for any purpose,and the Rent shall be paid up to that date.From that day the Tenant
shall have the right to either cancel this Lease and declare the same null and void,or to continue
in the possession of the remainder of the same under the terms herein provided,except that the
Rent shall be reduced in proportion to the amount of the Premises taken for such public
purposes.All damages awarded for such taking for any public purpose shall belong to and be the
property of the Landlord,whether such damage shall be awarded as compensation for the
diminution in value to the leasehold,or to the fee of the Premises herein leased.Damages
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awarded for the taking of Tenant's improvements located on the Premises shall belong to and be
awarded to Tenant.
18.SURRENDEROF PREMISES:Tenant shall quit and surrender the Premises at the
expiration or termination of the Term in a condition as good as the reasonable use thereof would
permit,normal wear and tear excepted.Alterations,additions or improvements which may be
made by either of the Parties on the Premises,except movable office furniture or trade fixtures
put in at the expense of Tenant,shall be and remain the property ofthe Landlord and shall remain
on and be surrendered with the Premises as a part thereof at the expiration or termination of
the Term without hindrance,molestation,or injury.Tenant shall remove from the Premises,upon
request of the Landlord,movable office furniture or trade fixtures put in at the expense of
Tenant.Tenant shall,at its sole expense,properly and promptly repair to Landlord's reasonable
satisfaction any damage to the Premises occasioned by Tenant's use thereof,or by the removal
of Tenant's movable office furniture or trade fixtures and equipment,which repair shall include
the patching and filling of holes and repair of structural damage.
19.INSURANCE:
19.a.Personal Property:Tenant,at its expense,shall maintain in force during the Term
a policy of special form —causes of loss or all risk property insurance on all of Tenant's alterations,
improvements,trade fixtures,furniture and other personal property in,on or about the Premises,
in an amount equal to at least their full replacement cost.Any proceeds of any such policy
available to Tenant shall be used by Tenant for the restoration of Tenant's alterations,
improvements and trade fixtures and the replacement of Tenant's furniture and other personal
property.Any portion of such proceeds not used for such restoration shall belong to Tenant.It
is agreed that Landlord shall not be held liable in any manner for,or on account of,any loss or
damage to personal property of the Tenant,Tenant's invitees or other persons,which may be
sustained by fire or water or other peril,or for the loss of any articles by burglary,theft or any
other cause from or upon the Premises.It is acknowledged that Landlord does not cover any of
the personal property of Tenant,Tenant's invitees or other persons upon the Premises through
its insurance.Tenant,its invitees and other persons upon the Premises are solely responsible to
obtain suitable personal property insurance.
19.b.Liability Insurance.Tenant,at its expense,shall maintain in force during the Term
the following types of insurance (or equivalents):a policy of commercial general liability
insurance (including premises liability),with the following minimum limits:$1,000,000 per
occurrence,$2,000,000 annual aggregate.Landlord shall be named as an additional insured on
Tenant's liability insurance solely with respect to the operations of the named insured (i.e.,
Tenant)and that coverage being primary and non-contributory with any other po|icy(ies)carried
by,or available to,the Landlord.The Tenant shall provide the Landlord with written notice of
any policy cancellation,within two business days of their receipt of such notice.
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19.c.Insurance Policies:Insurance required hereunder shall be written by a company or
companies acceptable to Landlord.Landlord reserves the right to establish and,from time—to-
time,to increase minimum insurance coverage amounts.Insurance required herein shall provide
coverage on an occurrence basis,not a claims-made basis.Notice of increased minimum
insurance coverage amounts shall be sent to the Tenant at least forty-five (45)days prior to the
annual renewal date of the Tenant's insurance.Prior to possession the Tenant shall deliver to
Landlord documents,in a form acceptable to Landlord,evidencing the existence and amounts of
such insurance.Tenant shall,prior to the expiration of such policies,furnish Landlord with
evidence of renewal of such insurance,in a form acceptable to Landlord.Tenant shall not do or
permit to be done anything which shall invalidate the insurance policies referred to above.
Tenant shall forthwith,upon Landlord's demand,reimburse Landlord for any additional
premiums for insurance carried by Landlord attributable to any act or omission or operation of
Tenant causing such increase in the cost of insurance.If Tenant shall fail to procure and maintain
such insurance,then Landlord may,but shall not be required to,procure and maintain the same,
and Tenant shall promptly reimburse Landlord for the premiums and other costs paid or incurred
by Landlord to procure and maintain such insurance.Failure on the part of the Tenant to
maintain the insurance as required shall constitute a material breach of the Lease,upon which
the Landlord may,after giving five business days notice to the Tenant to correct the breach,
terminate the Lease or,at its discretion,procure or renew such insurance and pay any and all
premiums in connection therewith,with any sums so expended to be repaid to the Landlord on
demand.
19.d.Waiver of Subrogation:Tenant and Landlord each waives any and all rights of
recovery against the other,or against the officers,employees,agents and representatives of the
other,for loss of or damage to such waiving Party or its property or the property of others under
its control,where such loss or damage is insured against under any insurance policy in force at
the time of such loss or damage.Tenant shall,upon obtaining the policies of insurance required
hereunder,give notice to the insurance carriers that the foregoing mutual waiver of subrogation
is contained inthis Lease.
20.TAXES:Tenant shall be responsible for the payment of any and all taxes and
assessments upon any property or use acquired under this Lease and upon any alterations or
improvement made by Tenant to the Premises.
21.NO WAIVER:It is further covenanted and agreed between the Parties that no
waiver by Landlord of a breach by Tenant of any covenant,agreement,stipulation,or condition
of this Lease shall be construed to be a waiver of any succeeding breach of the same covenant,
agreement,stipulation,or condition,or a breach of any other covenant agreement,stipulation,
or condition.The acceptance by the Landlord of Rent after any breach by the Tenant of any
covenant or condition by Tenant to be performed or observed shall be construed to be payment
for the use and occupation of the Premises and shall not waive any such breach or any right of
forfeiture arising therefrom.
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22.NOTICES:All notices or requests required or permitted under this Lease shall be
in writing;shall be personally delivered,delivered by a reputable express delivery service such as
Federal Express or DHL,or sent by certified mail,return receipt requested,postage prepaid,and
shall be deemed delivered on receipt or refusal.All notices or requests to Landlord shall be sent
to Landlord at Landlord's address set forth below and all notices or requests to Tenant shall be
sent to Tenant at Tenant's address set forth below:
Landlord's Address:Airport Administration Office
Attn:Airport Manager
616 West Perimeter Road,Unit A
Renton,Washington 98057
Tenant's Address:AIRBORNEAIRCRAFTMANAGEMENT LLC
750 W Perimeter Road
Hangar C
Renton,WA 98057
Either Party may change the address to which notices shall be sent by written notice to the other
Party in accordance with this section.
23.DISCRIMINATIONPROHIBITED:
23.a.Discrimination Prohibited:Tenant covenants and agrees not to discriminate
against any person or class of persons by reason of race,color,creed,sex or national origin,or
any other class of person protected by federal or state law or the Renton City Code,in the use of
any of its facilities provided for the public in the Airport.Tenant further agrees to furnish services
on a fair,equal and not unjustly discriminatory basis to all users thereof,and to charge on a fair,
reasonable and not unjustly discriminatory basis for each unit of service;provided that Tenant
may make reasonable and non-discriminatory discounts,rebates,or other similar types of price
reductions to volume purchasers.
23.b.Minority Business Enterprise Policy:It is the policy of the Department of
Transportation that minority business enterprises as defined in 49 C.F.R.Part 23 shall have the
maximum opportunity to participate in the performance of leases as defined in 49 C.F.R.23.5.
Consequently,this Lease is subject to 49 C.F.R.Part 23,as applicable.No person shall be excluded
from participation in,denied the benefits of or otherwise discriminated against in connection
with the award and performance of any contract,including leases covered by 49 C.F.R.Part 23,
on the grounds of race,color,national origin or sex.
23.c.Application to Subleasesz Subject to the provisions of Section 14 of this Lease,
Tenant agrees that it will include the above clause in all assignments of this Lease or subleases,
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and cause its assignee(s)and sub|essee(s)to similarly include the above clause in further
assignments or subleases of this Lease.
24.FORCE MAJEURE:In the event that either Party shall be delayed or hindered in or
prevented from the performance of any act required hereunder by reason of strikes,lockouts,
labor troubles,inability to procure materials,failure of power,restrictive governmental laws or
regulations,riots,insurrections,war,or other reason of like nature not the fault of the Party
delayed in performing work or doing acts required under the terms of this Lease,then
performance of such act shall be extended for a period equivalent to the period of such delay.
The provisions of this Section shall not,however,operate to excuse Tenant from the prompt
payment of rent,or any other payment required by the terms of this Lease,to be made by Tenant.
25.TRANSFEROF PREMISES BY LANDLORD:In the event of any sale,conveyance,
transfer or assignment by Landlord of its interest in the Premises,Landlord shall be relieved of
all liability arising from this Lease and arising out of any act,occurrence or omission occurring
after the consummation of such sale,conveyance,transfer or assignment,provided that the
Landlord's transferee shall have assumed and agreed to carry out all of the obligations of the
Landlord under this Lease.
26.ATTORNEYS’FEES AND COSTS;COLLECTIONCOSTS:If either Party brings any
action for relief against the other Party,declaratory or otherwise,arising out of this Lease,
including any action by Landlord for the recovery of Rent or possession of the Premises,the
prevailing Party shall be entitled to reasonable attorneys’fees and costs of litigation as
established by the court.If the matter is not litigated or resolved through a lawsuit,then any
attorneys’fees for collection of past-due rent or enforcement of any right of Landlord or duty of
Tenant hereunder shall entitle Landlord to recover,in addition to any late payment charge,any
costs of collection or enforcement,including reasonable attorney's fees.For the purpose of this
Section (26),attorney's fees shall include a reasonable rate for attorneys employed by the City.
27.EMERGENCYRESPONSE:Tenant must provide to the Airport Manager reasonable
access and response in times of emergency or urgency.The Tenant is wholly responsible to keep
an up-to-date listing of aircraft types,identification,and owners on file and at the Airport
Manager's office.
28.
y
HOLDINGOVER.If,without execution of any extension or renewal,Tenant should
remain in possession of the Premises after expiration or termination of the Term,then Tenant
shall be deemed to be occupying the Premises as a tenant from month to month.All the
conditions,terms,and provisions of this Lease,insofar as applicable to a month-to-month
tenancy,shall likewise be applicable during such period.
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29.DEFINITIONS:As used in this Lease,the following words and phrases,shall have
the following meanings:
"Additional Rent”means any charges or monetary sums to be paid by Tenant to Landlord
under the provisions of this Lease other than Monthly Rent.
”Authorized Representative”means any officer,agent,employee,independent
contractor or invitee of either Party.
”Environmental Laws and Requirements”means any and all federal,state,local laws,
statutes,ordinances,rules,regulations and/or common law relating to environmental
protection,contamination,the release,generation,production,transport,treatment,
processing,use,disposal,or storage of Hazardous Substances,worker health or safety or
industrial hygiene,and the regulations promulgated by regulatory agencies pursuant to these
laws,and any applicable federal,state,and/or local regulatory agency-initiated orders,
requirements,obligations,directives,notices,approvals,licenses,or permits.
”Hazardous Substances"means any and all material,waste,chemical,compound,
substance,mixture or byproduct that is identified,defined,designated,listed,restricted or
otherwise regulated under any Environmental Laws and Requirements as a "hazardous
constituent,””hazardous substance,””hazardous material,”"extremely hazardous material,”
”hazardous waste,””acute|y hazardous waste,””hazardous waste constituent,””infectious
waste,”’’medical waste,””biohazardous waste,extremely hazardous waste,””po||utant,”
”toxic pollutant”or "contaminant/’The term ”Hazardous Substances”includes,without
limitation,any material or substance which is (i)hexavalent chromium;(ii)pentachlorophenol;
(iii)volatile organic compounds;(iv)petroleum;(v)asbestos;(vi)designated as a "hazardous
substance"pursuant to Section 311 of the Federal Water Pollution Control Act,33 U.S.C.§1251
et seq.(33 U.S.C.§1321);(vii)defined as a "hazardous waste”pursuant to Section 1004 of the
Federal Resource Conservation and Recovery Act,42 U.S.C.§6901 et seq.(42 U.S.C.§6903);(viii)
defined as a "hazardous substance”pursuant to Section 101 of the Comprehensive
Environmental Response,Compensation and LiabilityAct of 1980,as amended,42 U.S.C.§9601
et seq.(42 U.S.C.§9601);or (ix)designated as a ”hazardous substance”pursuant to the
Washington ModelToxics Control Act,as codified by RCW 70A.305.010 et seq.,or as is hereafter
amended.
II II
”Parties”means Landlord and Tenant."Party”means Landlord or Tenant,as indicated by
context.
"Person”means one or more human beings,or legal entities or other artificial persons,
including without limitation,partnerships,corporations,trusts,estates,associations and any
combination of human beings and legal entities.
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"Rent”or ”Renta|”means Monthly Rent,both as established as a minimum amount and
as adjusted from time to time under this Lease,and Additional Rent.
30.GENERALPROVISIONS:
30.a.Entire Agreement:This Lease sets forth the entire agreement of the parties as to
the subject matter hereof and supersedes all prior discussions and understandings between
them.This Lease may not be amended or rescinded in any manner except by an instrument in
writing signed by a duly authorized officer or representative of each Party.
30.b.Governing Law:This Lease shall be governed by,and construed and enforced in
accordance with,the laws of the State of Washington.
30.c.Severability:Should any of the provisions of this Lease be found to be invalid,
illegal or unenforceable by any court of competent jurisdiction,such provision shall be stricken
and the remainder of this Lease shall nonetheless remain in full force and effect unless striking
such provision shall materially alter the intention of the parties.
30.d.Jurisdiction and Venue:In the event any action is brought to enforce any of the
provisions of this Lease,the parties agree to be subject to exclusive in personam jurisdiction in
the Superior Court of the State of Washington in and for the County of King or in the United
States District Court for the Western District of Washington.
30.e.Waiver:No waiver of any right under this Lease shall be effective unless contained
in a writing signed by a duly authorized officer or representative of the Party sought to be charged
with the waiver and no waiver of any right arising from any breach or failure to perform shall be
deemed to be a waiver of any future right or of any other right arising under this Lease.
30.f.Captions:Section captions contained in this Lease are included for convenience
only and form no part of the agreement between the parties.
30.g.Assignee as Tenant:The term "Tenant"shall be deemed to include the assignee
where there is a full assignment of the Lease.
30.h.Effectiveness:This Lease shall not be binding or effective until properly executed
and delivered by Landlord and Tenant.
30.i.Gender and Number:As used in this Lease,the masculine shall include the
feminine and neuter,the feminine shall include the masculine and neuter,the neuter shall
include the masculine and feminine,the singular shall include the plural and the plural shall
include the singular,as the context may require.
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30.j.Time of the Essence:Time is of the essence in the performance of all covenants
and conditions in this Lease for which time is a factor.
30.k.Joint and Several Liability:If Tenant is composed of more than one Person,then
the obligations of all such Persons under this Lease shall be joint and several.
30.l.No Recordation Without Consent of Landlord:Tenant shall not record this Lease
or any memorandum of this Lease without Landlord's prior written consent.
30.m.Cumulative Remedies:No remedy or election hereunder shall be deemed
exclusive,but shall,wherever possible,be cumulative with all other remedies at law or in equity.
30.n.Corporate Authority:If Tenant is a corporation or limited liability company,each
individual executing this Lease on behalf of said corporation or limited liability company
represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of
said corporation or limited liability company pursuant to duly enacted resolutions or other action
of such corporation or limited liability company and that this Lease is binding upon said
corporation or limited liability company in accordance with its terms.
TENANT:LANDLORD:
AIRBORNE AIRCRAFTMANAGEMENT LLC THE CITYOF RENTON
a Washington limited liability company a Washington municipal
corporation
y:J7/‘ll/[2 .Félgn/54,4 Armondo Pavone
It :£215/_'l,:§££Mayor5
Datez?f Mpg Zcw-z;nC/Z/‘Z2’Date:
ATTEST:
BYE
Jason A.Seth,City Clerk
Date:
Approved as to legal form:
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Shane Moloney,City Attorney
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STATE OF WASHINGTON )
'25$.
COUNTYOF K\!]§)
I certify that I know or have satisfactory evidence that EN KC]F6hftzkk is the person
who appeared before me,and s/he acknowledged that s/he signed this instrument,on oath stated that
s/he was authorized to execute the instrumentand acknowledged it as the g3 9/Y\«h.Q)K-—
of ’('m'\,(C I‘v’l lrLW".)gn(ah\t\jl3.§EC\I'\‘)CI’i[,‘[‘g',Rube the free and voluntary act of such
4'4 g for the uses and purposes mentioned in the instrument.
Datedthis dayof ['5Q[")‘x]\_\,\,20'Q..
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[Signature of Notary]
Zbggf gq jjoiggmsipt
[Print Name of Notary]
State of Washington
THERESAKOLESINSKI
COMM.#207585
.MYCOMM
\\~\\~\\.\\t Notary Public in and for the Stateof
Washington,residing at
A
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My commission expires:'O )1 3
STATE OF WASHINGTON )
:ss.
COUNTYOF )
I certify that I know or have satisfactory evidence that is the person
who appeared before me,and s/he acknowledged that s/he signed this instrument,on oath stated that
s/he was authorized to execute the instrument and acknowledged it as the
of ,a ,to be the free and voluntary act of such
for the uses and purposes mentioned in the instrument.
Dated this day of _,201
[Signature of Notary]
[Print Name of Notary]
Notary Public in and for the State of
Washington,residing at
My commission expires:
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STATE OF WASHINGTON )
:ss.
COUNTYOF )
I certify that I know or have satisfactory evidence that is the person
who appeared before me,and s/he acknowledged that s/he signed this instrument,on oath stated that
s/he was authorized to execute the instrument and acknowledged it as the
of ,a ,to be the free and voluntary act of such
for the uses and purposes mentioned in the instrument.
Dated this day of ,201
[Signature of Notary]
[Print Name of Notary]
Notary Public in and for the State of
Washington,residing at
My commission expires:
STATE OF WASHINGTON )
:ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that is the person
who appeared.before me,and s/he acknowledged that s/he signed this instrument,on oath stated that
s/he was authorized to execute the instrument and acknowledged it as the
of a ,to be the free and voluntary act of such
for the uses and purposes mentioned in the instrument.
Dated this day of ,201
[Signature of Notary]
[Print Name of Notary]
Notary Public in and for the State of
Washington,residing at
My commission expires:
26
LEASEAGREEMENT
City of Renton to Airborne Aircraft Management,LLC(Parcel 622)
AGENDA ITEM #6. e)
EXHIBITA
Lease Map and Legal Description
{ATTACH}
LEASEAGREEMENT
City of Renton to Airborne Aircraft Management,LLC(Parcel 622)
LAG
27
AGENDA ITEM #6. e)
EXHIBITB
Aircraft Laws and Regulations,
RCW 47.68.250:Public Highways and Transportation.
[See fol|owing.]
LEASEAGREEMENT
City of Renton to Airborne Aircraft Management,LLC(Parcel 622)
LAG
28
AGENDA ITEM #6. e)
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AGENDA ITEM #6. e)
AIRCRAFT LAWS AND REGULATIONS
RCW 47.68.250
Registration of aircraft.
Every aircraft shall be registered with the department for each calendar year in which the aircraft is
operated or is based within this state. A fee of fifteen dollars shall be charged for each such
registration and each annual renewal thereof.
Possession of the appropriate effective federal certificate, permit, rating, or license relating to
ownership and airworthiness of the aircraft, and payment of the excise tax imposed by Title 82 RCW
for the privilege of using the aircraft within this state during the year for which the registration is
sought, and payment of the registration fee required by this section shall be the only requisites for
registration of an aircraft under this section.
The registration fee imposed by this section shall be payable to and collected by the secretary. The
fee for any calendar year must be paid during the month of January, and shall be collected by the
secretary at the time of the collection by him or her of the said excise tax. If the secretary is satisfied
that the requirements for registration of the aircraft have been met, he or she shall thereupon issue
to the owner of the aircraft a certificate of registration therefor. The secretary shall pay to the state
treasurer the registration fees collected under this section, which registration fees shall be credited to
the aeronautics account in the transportation fund.
It shall not be necessary for the registrant to provide the secretary with originals or copies of
federal certificates, permits, ratings, or licenses. The secretary shall issue certificates of registration,
or such other evidences of registration or payment of fees as he or she may deem proper; and in
connection therewith may prescribe requirements for the possession and exhibition of such
certificates or other evidences.
The provisions of this section shall not apply to:
(1) An aircraft owned by and used exclusively in the service of any government or any political
subdivision thereof, including the government of the United States, any state, territory, or
possession of the United States, or the District of Columbia, which is not engaged in carrying
persons or property for commercial purposes;
(2) An aircraft registered under the laws of a foreign country;
(3) An aircraft which is owned by a nonresident and registered in another state: PROVIDED,
That if said aircraft shall remain in and/or be based in this state for a period of ninety days or
longer it shall not be exempt under this section;
(4) An aircraft engaged principally in commercial flying constituting an act of interstate or foreign
commerce;
(5) An aircraft owned by the commercial manufacturer thereof while being operated for test or
experimental purposes, or for the purpose of training crews for purchasers of the aircraft;
(6) An aircraft being held for sale, exchange, delivery, test, or demonstration purposes solely as
stock in trade of an aircraft dealer licensed under Title 14 RCW;
AGENDA ITEM #6. e)
(7) (7) An aircraft based within the state that is in an unairworthy condition, is not operated
within the registration period, and has obtained a written exemption issued by the secretary.
(8) The secretary shall be notified within thirty days of any change in ownership of a registered
aircraft. The notification shall contain the N, NC, NR, NL, or NX number of the aircraft, the full
name and address of the former owner, and the full name and address of the new owner. For
failure to so notify the secretary, the registration of that aircraft may be canceled by the
secretary, subject to reinstatement upon application and payment of a reinstatement fee of
ten dollars by the new owner.
(9) A municipality or port district that owns, operates, or leases an airport, as defined in RCW
47.68.020, with the intent to operate, shall require from an aircraft owner proof of aircraft
registration as a condition of leasing or selling tiedown or hanger space for an aircraft. It is the
responsibility of the lessee or purchaser to register the aircraft. The airport shall work with
the aviation division to assist in its efforts to register aircraft by providing information about
based aircraft on an annual basis as requested by the division.
(10) [2003 c 375 § 4; 1999 c 302 § 2; 1998 c 188 § 1; 1995 c 170 § 3; 1993 c 208 § 7; 1987 c
220 § 3; 1979 c 158 § 206; 1967 ex.s. c 9 § 8; 1955 c 150 § 11; 1949 c 49 § 12; 1947 c 165 § 25;
Rem. Supp. 1949 § 10964-105. Formerly RCW 14.04.250.]
(11) Notes:
(12) Effective date -- 2003 c 375: See note following RCW 47.68.240.
(13) Severability -- 1987 c 220: See note following RCW 47.68.230.
(14) Aircraft dealers: Chapter 14.20 RCW.
(15) Definition of terms: RCW 14.20.010, 47.68.020.
AGENDA ITEM #6. e)
AB - 3171
City Council Regular Meeting - 08 Aug 2022
SUBJECT/TITLE: Project Acceptance: CAG-21-195 with Iron Creek Construction, LLC for
the Taylor Ave NW Storm Improvements Project
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Public Works Utility Systems Division
STAFF CONTACT: Jared McDonald, Surface Water Utility Engineer
EXT.: 7293
FISCAL IMPACT SUMMARY:
The original contract amount of $213,680.00 was for stormwater improvements along Taylor Ave NW from
NW 2nd Pl to Renton Ave S. The final project cost was $188,473.28. The difference between the contra ct
amount and the final cost is due to actual bid item quantities being less than the estimated bid quantity
established in the contract and the removal of the work attributed to bid item “A -17 – Controlled Density Fill
for Abandoning Existing Utilities”. As noted above, the total cost of the project is $188,473.28 and was funded
by the approved 2022 Capital Improvement Program budget for Small Scale Stormwater Projects account
(427.475015)
SUMMARY OF ACTION:
The City of Renton contracted with Iron Creek Construction, LLC to construct a new 24 -inch piped storm
system along Taylor Ave NW. This new storm system rerouted water from an existing 24 -inch CMP (Corrugated
Metal Pipe) located under the Church of Grace at 221 Hardie Ave NW to the existing 42-inch line located just
north of the intersection of Renton Ave S and Taylor Ave NW. The existing 24 -inch (CMP) has deteriorated
and eroded to the extent that surrounding soil material was exposed. In addition to rer outing storm water
from a deteriorated pipe, this project rerouted the storm system away from private property which allows
better access to the city for maintenance of the system, and eliminated future potential problems on private
property. Bid item A-17 was removed from the contract due to the concrete strike causing an inability to
acquire Controlled Density Fill (CDF) and because the Surface Water Utility has another section of failing pipe
that requires the use of CDF. The plan is to incorporate this removed portion of work from this contract into a
future project contract. The delay in this portion of work will not affect the performance of the new Taylor
Ave Storm Water System.
This project provided 330 LF of new 24-inch storm pipe, four new storm structures, minor roadway, and
landscape restoration, and 75 linear feet of curb and gutter and sidewalk. Physical completion of all required
work items was granted on June 1, 2022.
EXHIBITS:
A. WA Notice of Completion
B. Final Contract Voucher Certificate
STAFF RECOMMENDATION:
Accept the Taylor Ave NW Storm Improvements Project with Iron Creek Construction, LLCand authorize the
release of the withheld retainage in the amount of $9423.66 after 60 days, once all the required releases from
the state have been obtained.
AGENDA ITEM #6. f)
Revised #
Assigned to:
UBI Number:
Yes No
Yes
Telephone #
Bond Number:
If Retainage is not withheld, please select one of the following and List Surety's Name & Bond Number.
Date Work Commenced Date Work Completed
Contractor Address
Date Contract Awarded
Retainage Bond Contract/Payment bond (valid for federally funded transportation projects)
Name:
Department Use Only
Original
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
Project Name
Date Assigned:
Job Order Contracting
Federally funded transportation project?
Contractor's Name
Description of Work Done/Include Jobsite Address(es)
Affidavit ID*
No (if yes, provide Contract Bond Statement below)
Name & Mailing Address of Public Agency
E-mail Address
Contract Number
Notice is hereby given relative to the completion of contract or project described below
Date:Contractor's UBI Number:
Date Work Accepted
Were Subcontracters used on this project? If so, please complete Addendum A. Yes No
$
$$
$$
$$
%
$
$$
Contact Name:Title:
Affidavit ID* - No L&I release will be granted until all affidavits are listed.
Amount Disbursed
p
Sales Tax Rate
Contract Amount
NOTE: These two totals must be equal
TOTAL
Comments:
Sales Tax Amount
Reductions ( - )
Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract.
NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates.
Submitting Form: Please submit the completed form by email to all three agencies below.
TOTAL
Liquidated Damages
Email Address: Phone Number:
p
Sub-Total
Additions ( + )
Amount Retained
(If various rates apply, please send a breakdown)
Contract Release
(855) 545-8163, option # 4
ContractRelease@LNI.WA.GOV
Employment Security
Department
Registration, Inquiry,
Standards & Coordination
Unit
(360) 902-9450
publicworks@esd.wa.gov
Department of Revenue
Public Works Section
(360) 704-5650
PWC@dor.wa.gov
F215-038-000 10-2014REV 31 0020e (10/26/15)
p@g
AGENDA ITEM #6. f)
Subcontractor's Name:UBI Number: (Required)Affidavit ID*
Addendum A: Please List all Subcontractors and Sub-tiers Below
This addendum can be submitted in other formats.
Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed.
For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the
Washington Relay Service by calling 711.
REV 31 0020e Addendum (10/26/15)F215-038-000 10-2014
AGENDA ITEM #6. f)
FINALCONTRACTVOUCHERCERTIFICATECONTRACTOR’SCERTIFICATIONI,Theundersigned,havingfirstbeendulysworn,certifythatIamauthorizedtosignfortheclaimant;thatinconnectionwiththeworkperformedandtothebestofmyknowledgenoloan,gratuityorgiftinanyformwhatsoeverhasbeenextendedtoanyemployeeoftheCityofRentonnorhaveIrentedorpurchasedanyequipmentormaterialsfromanyemployeeoftheCityofRenton;Ifurthercertifythattheattachedfinalestimateis atrueandcorrectstatementshowingallthemoniesduemefromtheCityofRentonforworkperformedandmaterialfurnishedunderthiscontract;thatIhavecarefullyexaminedsaidfinalestimateandunderstandthesameandthatIreleasetheCityofRentonfromanyandallclaimsofwhatsoevernaturewhichImayhave,arisingoutoftheperformanceof saidcontract,whicharenotsetforthinsaidestimate.ContractorAuthorizedSignature(Required)J4kJDco,.iPrintedSignatureNameSubscribedandsworntobeforemethis—a=——dayofruv2022-Iyj/)JL.JcNotaryPublicinandfortheStateofikiS-irrvresidingatl-1)J)tJ.u&lv-&iI2Wci‘\iZ,&qU(Vi1O7CITYOFRENTONCERTIFICATIONI,certifytheattachedfinalestimatetobebaseduponactualmeasurements,andtobetrueandcorrect._______________G/2/Zo2(ectManagerSignaturePublicWorksDept.,SectionManagerCITYOFRENTONACCEPTANCETheCityofRentonherebyacceptsthecompletedcontract,pursuantto Section1-05.12oftheContractProvisions.PublicWorksAdministratorDateofCouncilAcceptanceContractorIronCreekConstruction,LLCStreetAddress1420NWGilmanBIvd,STE2-2298CityStateZipDateIssaquahWA980276/6/2022CityContractNumberCityProjectNumberFederal-AidNumber(ifapplicable)CAG-21-195SWP-27-4030N/AContractTitleTaylorAveNWStormImprovementsDateWorkPhysicallyCompleteFinalAmount6/1/2022$188,473.28KELLYANNESPYRANotaryPublicStateofWashingtonCommission#27015519MyComm.ExpiresApr28,2025ApprovedDateContractor’sclaims,ifany,mustbeincludedandtheContractor’sCertificationmustbelabeledindicatingaclaimisattached.8/8/2022AGENDA ITEM #6. f)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON; AMENDING
SUBSECTIONS 4‐2‐110.A, 4‐2‐110.E.6, AND 4‐2‐110.E.32; SECTION 4‐4‐130;
SUBSECTIONS 4‐8‐120.D.1 AND 4‐8‐120.D.20; SECTION 4‐9‐195; AND
DEFINITIONS IN SECTIONS 4‐11‐040, 4‐11‐120, AND 4‐11‐200; REVISING TREE
RETENTION AND LAND CLEARING REGULATIONS IN THE RENTON MUNICIPAL
CODE; AUTHORIZING CORRECTIONS; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Renton (“City”) recognizes that trees are valued natural resources;
and
WHEREAS, current development regulations pertaining to tree retention and land
clearing do not provide sufficient protections for tree preservation; and
WHEREAS, the City seeks to revise standards for tree retention and land clearing
regulations; and
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, pursuant to RCW 36.70A.106, on December 13, 2021, the City notified the
State of Washington of its intent to adopt amendments to its development regulations; and
WHEREAS, the Planning Commission held a public hearing on January 19, 2022,
considered all relevant matters, and heard all parties in support or opposition, and subsequently
forwarded a recommendation to the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
2
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits remain in effect and unchanged.
SECTION II. Subsection 4‐2‐110.A of the Renton Municipal Code is amended as shown
in Attachment A.
SECTION III. Subsections 4‐2‐110.E.6 and 4‐2‐110.E.32 of the Renton Municipal Code
are amended as shown below. All other provisions in 4‐2‐110.E remain in effect and unchanged.
6. Reserved. Within subdivisions, the minimum front yard and secondary
front yard setback may be reduced to no less than twenty feet (20') provided the
applicant can demonstrate to the Administrator’s satisfaction that the setback
reduction is necessary to preserve and maintain a landmark tree within a tree
protection tract, as each term is defined in RMC 4‐11‐200, Definitions T. An
arborist report, pursuant to RMC 4‐8‐120.D.1, shall be prepared and provided to
the City for review and concurrence, demonstrating that the setback reduction
and project proposal serves to preserve the critical root zone of the tree within a
tree protection tract.
32. Reserved. In order ensure compliance with Tier 1 requirements for
Tree Preservation Priority, pursuant to RMC 4‐4‐130.H.2.a, lot size and lot
dimensions of the zone may be decreased by a maximum of ten percent (10%),
provided the applicant can demonstrate to the Administrator’s satisfaction that
the reduction is necessary to ensure the preservation of all significant trees, as
defined in RMC 4‐11‐200, required for retention within dedicated tract(s),
pursuant to RMC 4‐4‐130.H.1.a, Minimum Tree Retention Requirements.
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
3
SECTION IV. Section 4‐4‐130 of the Renton Municipal Code is amended as follows:
4‐4‐130 TREE RETENTION AND LAND CLEARING REGULATIONS:
A. PURPOSE:
This Section provides regulations for the clearing of land and the protection
and preservation of trees, shrubs, and ground cover plants. The purposes of these
regulations are to:
1. Preserve and enhance the City’s physical and aesthetic character by
minimizing indiscriminate removal or destruction of trees, shrubs, and ground
cover;
2. Implement and further the goals and policies of the City’s
Comprehensive Plan for the environment, open space, wildlife habitat,
vegetation, resources, surface drainage, watersheds, and economics;
3. Promote land development practices that result in minimal adverse
disturbance to existing vegetation and soils within the City while at the same time
recognizing that certain factors such as condition (e.g., disease, danger of falling,
etc.), proximity to existing and proposed structures and improvements,
interference with utility services, protection of scenic views, and the realization of
a reasonable enjoyment of property may require the removal of certain trees and
ground cover;
4. Minimize surface water and groundwater runoff and diversion, and aid
in the stabilization of soil, and minimize erosion and sedimentation, and minimize
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
4
the need for additional storm drainage facilities caused by the destabilization of
soils;
5. Retain clusters of trees for the abatement of noise and for wind
protection, and reduce air pollution by producing pure oxygen from carbon
dioxide;
6. Protect trees during construction activities from damage to tree roots,
trunks, and branches; and
7. Recognize that trees increase real estate values.
B. APPLICABILITY:
The regulations of this Section apply to any developed lot, and property where
land development or routine vegetation management activities are undertaken or
planned.
C. ALLOWED TREE REMOVAL ACTIVITIES:
Tree removal, vegetation management, and associated use of mechanical
equipment is permitted as follows, without the requirement of a routine
vegetation management permit, except as provided in subsection D.3 of this
Section, Restrictions for Critical Areas – General, and in RMC 4‐3‐110E5, Urban
Separator Overlay Regulations:. Except as stated in subsection C9 of this Section,
no Routine Vegetation Management Permit is required for the following
activities/work:
1. Emergency Situations: Removal of trees and/or ground cover by the
City and/or public or private utility in emergency situations involving immediate
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
5
danger to life or property, substantial fire hazards, or interruption of services
provided by a utility.
2. Dangerous High‐Risk Trees: Removal of a dangerous high‐risk tree, as
defined in RMC 4‐11‐200, Definitions T, that has been certified as such by an
arborist with an International Society of Arboriculture (ISA) Tree Risk Assessment
Qualification (TRAQ), provided the removal is limited to three (3) high‐risk trees
within a one (1)‐year period and no landmark trees are proposed for removal. A
routine vegetation management Permit is required for the removal of more than
three (3) high‐risk trees within a one (1)‐year period and for the removal of high‐
risk landmark trees. a City approved, licensed landscape architect or certified
arborist.
3. Maintenance Activities/Essential Tree Removal – Public or Private
Utilities, Roads and Public Parks: Maintenance activities including routine
vegetation management and essential tree removal for public and private utilities,
road rights‐of‐way and easements, and public parks.
4. Installation of SEPA Exempt Public or Private Utilities: Removal of
vegetation necessary for the Iinstallation of distribution lines by public and private
utilities not including any significant tree removal; provided, that such activities
are categorically exempt from the provisions of the State Environmental Policy Act
and RMC 4‐9‐070, Environmental Review Procedures.
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
6
5. Existing and Ongoing Agricultural Activities: Clearing associated with
existing and ongoing agricultural activities as defined in RMC 4‐11‐010, Definitions
A.
6. Commercial Nurseries or Tree Farms: Removal of only those trees
which are planted and growing on the premises of a licensed retailer or
wholesaler.
7. Public Road Expansion: Expansion of public roads, unless critical areas
would be affected (refer to subsection C.12 of this Section, Utilities, Traffic
Control, Walkways, Bikeways Within Existing, Improved Right‐of‐Way or
Easements).
8. Site Investigative Work: Site investigative work necessary for land use
application submittals such as surveys, soil logs, percolation tests, and other
related activities including the use of mechanical equipment to perform site
investigative work, provided the work is conducted in accordance with the
following requirements:
a. No tree removal shall occur as part of the Iinvestigative work. Tree
alteration shall be limited to the removal of fallen tree debris and minor tree
pruning, with supervision by an ISA certified arborist or American Society of
Consulting Arborists (ASCA) certified consultant. should not disturb any more than
five percent (5%) of any protected sensitive area described in subsection D3 of this
Section, Restrictions for Critical Areas – General, on the subject property. In every
case, impacts shall be minimized and disturbed areas restored.
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
7
b. With the exception of the removal of non‐native invasive ground
cover or weeds listed by King County Noxious Weed Control Board or other
government agency, no vegetation or ground cover removal shall occur as part of
the investigative work. Vegetation or ground cover alteration shall be limited to
the removal of vegetation debris and pruning of shrubs and ground cover, with
supervision by an ISA certified arborist or ASCA certified consultant. In every
location where site investigative work is conducted, disturbed areas shall be
minimized, and immediately restored with native ground cover.
c. A notice shall be posted on the site by the property owner or owner’s
agent indicating that site investigative work is being conducted, and that the work
must minimize disturbance to the critical areas identified in subsection D3 of this
Section, Restrictions for Critical Areas – General.
d. No site investigative work shall commence without first notifying the
Administrator.
9. Minor Tree Removal Activities: Removal of up to two (2) significant
trees within a one (1) year period, but no more than five (5) significant trees within
a five (5)‐year period, provided the removal is conducted in accordance with the
following requirements:
a. There is no active land development permit, as defined in RMC 4‐11‐
120, Definitions L, or submitted application for said permit, for the subject site;
b. The tree proposed for removal is not a protected tree or a landmark
tree, as defined in RMC 4‐11‐200, Definitions T;
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
8
c. The tree proposed for removal is not located within ten feet (10’) of
a surface parking lot with ten (10) or more parking spaces;
d. The tree proposed for removal is not one of the only two (2)
significant trees remaining on the lot, unless identified as a high‐risk tree,
consistent with subsection C.2 of this Section; and
e. In conducting minor tree removal activities, rights‐of‐ways shall
remain unobstructed unless a right‐of‐way use permit is obtained.
Except as provided in subsection D3 of this Section, Restrictions for Critical
Areas – General, removal of trees and associated use of mechanical equipment is
permitted at the rates specified within the table below, provided subsections C9a
through e of this Section are satisfied. A Routine Vegetation Management Permit
is required for removal of trees in excess of the rates listed below for all
properties. A Routine Vegetation Management Permit is required for the removal
of any trees within shoreline jurisdiction if the removal is not included in another
land use permitting process.
Lot Size
Maximum number of significant
trees* allowed to be removed
in any twelve (12) month period
Maximum number of
significant trees* allowed to
be removed in five (5) years
Lots up to 10,000 sq. ft. 2 4
Lots 10,001 to 20,000 sq.
ft.
3 6
Lots 20,001 sq. ft. or
greater
6 12
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
9
Lot Size
Maximum number of significant
trees* allowed to be removed
in any twelve (12) month period
Maximum number of
significant trees* allowed to
be removed in five (5) years
*Except landmark trees (greater than a thirty inch (30") caliper) shall not be removed
without a Routine Vegetation Management Permit. Within shoreline jurisdiction, tree
removal shall occur outside of the buffer, except when necessary to remove dangerous
trees or if part of an approved shoreline vegetation conservation buffer enhancement plan.
a. There is not an active land development application for the site;
b. The trees proposed for removal are not protected trees;
c. The tree is not a landmark tree; and
d. Minimum Tree Density:
i. A minimum tree density shall be maintained on each residentially
zoned lot, as specified in the table below. The tree density may consist of existing
trees, replacement trees, trees required pursuant to RMC 4‐4‐070F1, Street
Frontage Landscaping Required, or a combination. If the number of trees required
includes a fraction of a tree, any amount equal to or greater than one‐half (1/2)
shall be rounded up; and
Type of Residential
Development
Minimum Tree
Density
Multi‐family
development
(attached
dwellings)3
Four (4) significant
trees1 for every five
thousand (5,000) sq.
ft.
Single family
development
(detached
dwellings)2
Two (2) significant
trees1 for every five
thousand (5,000) sq.
ft.
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
10
Type of Residential
Development
Minimum Tree
Density
1Or the gross equivalent of caliper inches
provided by one or more trees.
2Lots developed with detached dwellings in
the R‐10 and R‐14 zones are exempt.
3Development in the RMF zone is exempt.
ii. Property owners are responsible for maintaining these trees in a
healthy condition.
e. Rights‐of‐Way Unobstructed: In conducting minor tree removal
activities, rights‐of‐way shall not be obstructed unless a right‐of‐way use permit is
obtained.
10. Landscaping or Gardening Permitted: Land clearing in conformance
with the provisions of subsection C.9 of this Section, Minor Tree Removal
Activities, and subsection D.3 of this Section, Restrictions for Critical Areas –
General, is permitted for purposes of landscaping or gardening; provided, that no
mechanical equipment is used.
11. Operational Mining/Quarrying: Land clearing and tree removal
associated with previously approved operational mining and quarrying activities.
12. Utilities, Traffic Control, Walkways, Bikeways within Existing,
Improved Rights‐of‐Way or Easements: Within existing improved public road
rights‐of‐way or easements, installation, construction, replacement, operation,
overbuilding, or alteration of all natural gas, cable, communication, telephone and
electric facilities, lines, pipes, mains, equipment or appurtenances, traffic control
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
11
devices, illumination, walkways and bikeways. If activities exceed the existing
improved area or the public right‐of‐way, this exemption does not apply.
Restoration of disturbed areas shall be completed.
13. Land Development Permit Required: Tree removal authorized by a
land development permit Land Development Permit.
D. PROHIBITED ACTIVITIES:
1. Tree Cutting Removal in Advance of Issuance of Land Development
Permit: There shall be no tree removal or land clearing on any site for the sake of
preparing that site for future development unless a land development permit Land
Development Permit, as defined in RMC 4‐11‐120, Definitions L, has been
approved by the City for the subject site. for the City approved site.
2. Tree Cutting Removal or Vegetation Management without the
Required Routine Vegetation Management Permit:
a. Tree cutting removal in excess of the limits established in subsection
C.9 of this Section, Minor Tree Removal Activities, is prohibited unless a Rroutine
Vvegetation Mmanagement Permit or land development permit has been
granted.
b. Routine vegetation management on an undeveloped property
without a rRoutine Vvegetation Mmanagement Ppermit is prohibited.
c. Removal of a landmark tree, as defined in RMC 4‐11‐200, Definitions
T, is prohibited unless a routine vegetation management permit or land
development permit has been granted. Use of non‐exempt mechanical equipment
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
12
(mechanical equipment with more than twenty seven (27) horsepower) without a
Routine Vegetation Management Permit is prohibited.
3. Restrictions for Critical Areas – General: Unless exempted by critical
areas, RMC 4‐3‐050.C5 or Shoreline Master Program Regulations, RMC 4‐3‐090,
no tree removal, or land clearing, or ground cover management is permitted:
a. On portions of property with:
i. Critical areas, pursuant to RMC 4‐3‐050.B, Applicability; and
ii. Buffers associated with shorelines of the State, pursuant to
RMC 4‐3‐090, Shoreline Master Program Regulations. Allowed tree removal and
vegetation management activities within the Shoreline buffer can be found in
RMC 4‐3‐090.F.1.i, Vegetation Management.
b. On protected slopes except as allowed in this Section or in the
Critical Areas Regulations, RMC 4‐3‐050; or
c. Areas classified as very high landslide hazards, except as allowed in
this Section or in the Critical Areas Regulations, RMC 4‐3‐050.
4. Restrictions for Native Growth Protection Areas: Tree removal or land
clearing shall not be permitted within a native growth protection area except as
provided in RMC 4‐3‐050.G.3, Native Growth Protection Areas.
5. Tree Topping: Tree topping shall be prohibited unless the City has
approved the tree for removal.
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6. Removal of Landmark Tree: The removal of a landmark tree (a tree with
a caliper of thirty inches (30") or greater) is prohibited without an approved
Routine Vegetation Management Permit or a Land Development Permit.
E. REVIEW AUTHORITY:
1. Authority and Interpretation: The Community and Economic
Development Administrator is authorized and directed to interpret and enforce
all the provisions of this Section when no other permit or approval requires
Hearing Examiner review. The Administrator may require retention above the
minimum standards, to require phasing of tree retention plans, or to require any
other measures to meet the purpose of this Section.
2. Independent Secondary Review: The Administrator may require
independent review of any arborist report or tree retention/land clearing (tree
inventory) plan land use application that involves tree removal and land clearing
at the City’s discretion. An The independent secondary review would include an
evaluation by an independent qualified professional regarding the applicant’s or
arborist’s analysis on the effectiveness of any proposed removal, retention,
mitigation, or replacement measures, to and may include recommendations as
appropriate. This review shall be paid for by the applicant, and the City shall select
the third‐party review professional.
F. PERMITS REQUIRED:
1. Land Development Permit Required for Site Preparation: An approved
land development permit, as defined in RMC 4‐11‐120, Definitions L, is required
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in order to conduct tree removal or land clearing on any site for the sake of
preparing that site for future development.
2. Routine Vegetation Management Permit Required for the Following
Activities:
a. Routine Vegetation Management on Undeveloped Properties: Any
person who performs routine vegetation management, as defined in RMC 4‐11‐
180, Definitions R, on undeveloped property in the City must obtain a Rroutine
Vvegetation Mmanagement Ppermit prior to performing such work.
b. Use of Mechanical Equipment: Except where mechanical
equipment is twenty seven (27) horsepower or less, any person who uses
mechanical equipment for routine vegetation management, land clearing, tree
removal, landscaping, or gardening must obtain a Routine Vegetation
Management Permit prior to performing such work.
cb. Tree Removal in Excess of Maximum Allowance: A rRoutine
Vvegetation Mmanagement Ppermit shall be required for tree cutting in greater
amounts than specified under subsection C.9 of this Section, Minor Tree Removal
Activities, where tree cutting is proposed without an associated land development
permit Land Development Permit. Any tree cutting activities shall be the minimum
necessary to accomplish the intended purpose, and shall be consistent with
subsection D.3 of this Section, Restrictions for Critical Areas – General. Trees
removed in excess of the maximum amount allowed under subsection C.9 of this
Section, Minor Tree Removal Activities, shall be subject to RMC 4‐4‐130.H.1.e,
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Replacement Requirements, unless determined by the Administrator to be
unfeasible in the specific case.
dc. Removal of Landmark Tree: A land development permit Land
Development Permit or Rroutine Vvegetation Mmanagement Ppermit shall be
required for which explicitly approves the removal of a landmark tree, as defined
by RMC 4‐11‐200, Definitions T, from any property. Replacement trees are
required if the minimum tree density credit requirement for the subject property
is not maintained upon removal of the landmark tree pursuant to subsection H.1.b
of this Section. Removal of a landmark tree may be granted for situations where:
i. The tree is determined to be a dangerous high‐risk tree; or
ii. The tree is causing obvious physical damage to structures
including but not limited to buildings foundations(over two hundred (200) square
feet), driveways, or parking lots, or utilities, and it can be demonstrated to the
Administrator’s satisfaction that for which no reasonable alternatives to tree
removal exists, including tree root pruning, tree root barriers, tree cabling, or
preventive maintenance, such as cleaning leaf debris, deadwood removal, or
directional/clearance pruning; or. Routine maintenance of roofs that is required
due to leaf fall does not constitute obvious physical damage to structures; or
iii. Removal of tree(s) to provide solar access to buildings
incorporating active solar devices. Windows are solar devices only when they are
south‐facing and include special storage elements to distribute heat energy; or
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iv. The Administrator determines the removal is necessary to
achieve a specific and articulable purpose or goal of this Title.
3. Conditional Use Permit Required for Timber Stand Thinning: While
timber harvesting shall not be permitted until such time as a valid land
development is approved, a request may be made for maintenance and thinning
of existing timber stands to promote the overall health and growth of the stand.
Permits allowing thinning beyond the limits allowed in subsection C.9 of this
Section, Minor Tree Removal Activities, shall be considered as a Cconditional Uuse
Ppermit by the Hearing Examiner according to the following criteria:
a. Appropriate approvals have been sought and obtained with the
Washington State Department of Natural Resources; and
b. The activity shall improve the health and growth of the stand and
maintain long‐term alternatives for preservation of trees; and
c. The activity shall meet the provisions of subsections H4H.5,
Applicability, Performance Standards and Alternates, and H5H.6, General Review
Criteria, of this Section; and
d. Thinning activities shall conform to the basal area density
recommendations of the Washington State Department of Natural Resources, but
shall not reduce the volume of tree canopy by more than forty percent (40%); and
e. A Ttree Rretention/Lland Cclearing (Ttree Iinventory) Pplan, as
defined in RMC 4‐8‐120.D.20, Definitions T, shall be required.
G. ROUTINE VEGETATION MANAGEMENT PERMIT REVIEW PROCESS:
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Permits for routine vegetation management shall be processed consistent
with RMC 4‐9‐195, Routine Vegetation Management Permits.
H. PERFORMANCE STANDARDS FOR LAND DEVELOPMENT/BUILDING
PERMITS:
1. Protected Trees – Retention Required: Significant tTrees required to be
retained or planted pursuant to subsection H.1.a of this Section, Percentage of
Tree Retention Based on Zones, are considered “protected trees, as defined in
RMC 4‐11‐200, Definitions T.” Protected trees may contribute to each residential
lot’s required minimum tree density, but any trees that are in excess of an
individual lot’s minimum tree density shall not contribute to the total number of
trees that are required to be retained for the Land Development Permit. Protected
trees that do not contribute to a lot’s required minimum tree density shall be held
in perpetuity within a tree protection tract pursuant to subsection H2 of this
Section, Tree Protection Tract; protected trees on an individual lot are the
responsibility of the lot owner and may only be removed if in compliance with
subsection C of this Section, Allowed Tree Removal Activities. Significant
Protected trees shall be retained or planted as follows:
a. Percentage of Minimum Tree Retention Requirements Based on
Zones: Properties subject to an active land development permit Land
Development Permit or building permit shall retain the following percentages of
a minimum of thirty percent (30%) of all significant trees on‐site. based on the
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property’s zone. Trees within critical areas and proposed public rights‐of‐way shall
not contribute to the number of significant trees required to be retained.
i. RC, R‐1, R‐4, R‐6 and R‐8 Zones: At least thirty percent (30%) of the
significant trees shall be retained in a residential or institutional development.
ii. R‐10, R‐14, RMF and RMH: At least twenty percent (20%) of the
significant trees shall be retained in a residential or institutional development.
iii. All Other Zones: At least ten percent (10%) of the significant trees
shall be considered protected and retained in commercial or industrial
developments.
iv. Utility Uses and Mineral Extraction Uses: Such operations shall
be exempt from the protected tree retention requirements of this Section if the
applicant can justify the exemption in writing to the Administrator’s satisfaction.
b. Tree Credit Requirements: With the exception of interior remodels
not involving any building addition, removal of trees, or alteration of impervious
areas, properties subject to an active land development permit shall comply with
all of the following minimum tree credit requirements, and apply the tree credit
value table at (H.1.b.v).
i. Tree credit requirements shall apply at a minimum rate of thirty
(30) credits per net acre.
ii. Either tree retention or a combination of tree retention and
supplemental tree planting (with new small, medium, or large tree species) shall
be provided to meet or exceed the minimum tree credits required for the site.
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iii. Supplemental tree planting shall consist of new small, medium,
or large species trees, as defined in RMC 4‐11‐200, Definitions T. The
supplemental trees shall be planted with a minimum size of two‐inch (2") caliper,
or evergreen trees with a minimum size of six feet (6') tall. The Administrator shall
have the authority to approve, deny, or restrict the tree species for proposed
supplemental trees.
iv. Within subdivisions, location of supplemental tree replanting
shall be prioritized within tree tract(s) versus individual lots.
v. Tree credit value for each tree, existing or new, is assigned as
shown in the following table:
TREE SIZE TREE CREDITS
New small species tree 0.25
New medium species tree 1
New large species tree 2
Preserved tree 6‐9 caliper inches 4
Preserved tree 10—12 caliper inches 5
Preserved tree 12—15 caliper inches 6
Preserved tree 16—18 caliper inches 7
Preserved tree 19—21 caliper inches 8
Preserved tree 22—24 caliper inches 9
Preserved tree 25—28 caliper inches 10
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TREE SIZE TREE CREDITS
Preserved tree 29—32 caliper inches 11
Preserved tree 33—36 caliper inches 12
Preserved tree 37 caliper inches and greater 13
Example: A 0.22 net acre (9,583.2 square feet) lot would need seven (7) tree credits (30
× 0.22 = 6.6, rounded up to 7). The tree credit requirements for the lot could be met by
retaining one (1) existing seventeen‐inch (17”) tree (seven (7) tree credits) or by planting
three (3) new large species trees (two (2) tree credits each) and one (1) new medium
species tree (one (1) tree credit).
bc. Priority of Tree Retention Requirements: All significant trees
required to be retained shall be preserved in the priority order listed below, with
Priority One trees being the highest priority. Applications that propose retention
of lower priority trees in lieu of Priority One trees must demonstrate in writing to
the Administrator’s satisfaction that: (1) all reasonable efforts have been taken to
preserve trees utilizing the highest priority possible, (2) that retention of higher
priority trees is not feasible or practical for the project site, and (3) that the project
proposal meets or exceeds the purposes and intent of this Section. Significant
trees shall be retained in the following priority order:
Priority
One
i. Landmark trees;
ii. Significant trees that form a continuous canopy;
iii. Significant trees on slopes greater than twenty percent (20%);
iv. Significant trees adjacent to critical areas and their associated buffers;
v. Significant trees over sixty feet (60') in height or greater than eighteen
inches (18") caliper; and
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vi. Trees that shelter interior trees or trees on abutting properties from
strong winds, which could otherwise allow such sheltered trees to be
blown down if removed.
Priority
Two
i. Healthy tree groupings whose associated undergrowth can be preserved;
ii. Other significant native evergreen or deciduous trees; and
iii. Other significant non‐native trees.
Priority
Three
Alders and cottonwoods shall be retained when all other trees have been
evaluated for retention and are not able to be retained, unless the alders
and/or cottonwoods are used as part of an approved enhancement project
within a critical area or its buffer.
Priority
One
i. Landmark trees;
ii. Significant trees that form
a continuous canopy;
iii. Significant trees on slopes
greater than twenty
percent (20%);
iv. Significant trees adjacent
to critical areas and their
associated buffers; and
v. Significant trees over sixty
feet (60') in height or
greater than eighteen
inches (18") caliper.
Priority
Two
i. Healthy tree groupings
whose associated
undergrowth can be
preserved;
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ii. Other significant native
evergreen or deciduous
trees; and
iii. Other significant non‐
native trees.
Priority
Three
Alders and cottonwoods shall
be retained when all other
trees have been evaluated for
retention and are not able to
be retained, unless the alders
and/or cottonwoods are used
as part of an approved
enhancement project within a
critical area or its buffer.
cd. Calculating Tree Retention: Tree retention standards shall be
applied to the developable area, as defined in RMC 4‐11‐040, Definitions D, of a
property. (i.e., land within critical areas and their buffers, public rights‐of‐way,
private PUD streets, shared driveways, and Land within public trails shall be
excluded for calculation of tree retention provided the trail design serves to retain
Priority One trees, pursuant to subsection H.1.c of this Section). If the number to
be retained of trees required for compliance with minimum tree retention or
minimum tree credit requirements includes a fraction of a tree, any amount equal
to or greater than one‐half (1/2) tree shall be rounded up.
d. Minimum Tree Density: Pursuant to subsection C9e of this Section,
Minimum Tree Density, each residential lot to be created by subdivision shall have
retained, or newly planted, trees that satisfy the lot’s minimum tree density
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requirement. Any protected tree, whether retained or newly planted, that is in
excess of the individual lot’s minimum tree density shall not contribute to the total
number of trees that are required to be retained for the Land Development
Permit.
e. Replacement Requirements: As an alternative to retaining trees,
tThe Administrator may authorize the planting of replacement trees, as an
alternative to retaining trees in conformance with subsection H.1.a of this Section,
on the site if provided it can be demonstrated to the Administrator’s satisfaction
that an insufficient number of trees can be retained, the proposed removal and
replacement is the minimum necessary to accomplish the desired purpose, and
the tree replacement complies with the following:.
i. Replacement Criteria: Replacement planting in lieu of minimum
tree retention may be granted for situations where:
(a) There are special circumstances related to the size, shape,
topography, location, or surroundings of the subject property; or
(b) The strict application of the code would prevent reasonable
use of property; or
(c) The strict application of the code would prevent compliance
with minimum density requirements of the zone; or
(d) The project is a short plat with four (4) or fewer lots.
ii. Replacement Quantity and Standards: When the minimum
number of protected trees cannot be retained, replacement trees with at least a
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two‐inch (2") caliper, or evergreen trees at least six feet (6') tall, shall be planted
based on the tree credit value of each protected tree removed pursuant to the
table shown in subsection H.1.b of this Section. The protected trees used for
calculating required credit replacement shall be determined based on the priority
order of the significant trees proposed for removal on‐site. Replacement trees
shall not contribute to the total credits required pursuant to subsection H.1.b of
this Section. The City may require a surety or bond to ensure the survival of
replacement trees.
iii. Replacement Tree Species: The Administrator shall have the
authority to approve, deny, or restrict the tree species for proposed replacement
trees.
i. Replacement Ratio: When the required number of protected
trees cannot be retained, replacement trees, with at least a two‐inch (2") caliper
or an evergreen at least six feet (6') tall, shall be planted at a rate of twelve (12)
caliper inches of new trees to replace each protected tree removed. Up to fifty
percent (50%) of trees required pursuant to RMC 4‐4‐070, Landscaping, may
contribute to replacement trees. The City may require a surety or bond to ensure
the survival of replacement trees.
ii. Prohibited Types of Replacement Trees: Unless replacement
trees are being used as part of an approved enhancement project in a critical area
or buffer, they shall not consist of the following species:
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(a) All Populus species including cottonwood (Populus
trichocarpa), quaking aspen (Populus tremuloides), lombardy poplar (Populus
nigra “Italica”), etc.;
(b) All Alnus species, which includes red alder (Alnus oregona),
black alder (Alnus glutinosa), white alder (Alnus rhombifolia), etc.;
(c) Salix species, which includes weeping willow (Salix
babylonica), etc.; and
(d) All Platanus species, which include London plane tree
(Platanus acerifolia), American sycamore, buttonwood (Platanus occidentalis),
etc.
iiif. Fee in Lieu: When the Administrator determines that it is infeasible
to replace or supplement trees on the site, payment into the City’s Urban Forestry
Program fund may be approved in an amount of money approximating the current
market value of the replacement trees and the labor to install them. The City shall
determine the value of replacement trees.
2. Tree Retention within Subdivisions Protection Tract: Trees retention
within subdivisions shall be conducted in accordance with the following
requirements: required to be retained (i.e., protected trees), and/or
Administrator approved replacement trees (excluding required street trees
pursuant to RMC 4‐4‐070F, Areas Required to be Landscaped), that are not
necessary to provide the required minimum tree density for residential lots, shall
be preserved by establishing a tree protection tract that encompasses the drip line
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of all protected trees; however, multiple tree protection tracts may be approved
if it can be demonstrated, to the Administrator’s satisfaction, that multiple tracts
provide a better site design and/or support other adopted goals and purposes of
this Title.
a. Applicability Tree Preservation Priority: Tree protection tracts shall
be required for any protected trees that are not located on an individual lot. Tree
protection tracts may contribute to open space requirements, if applicable. All
trees required to be retained within a subdivision shall be preserved in the priority
order listed below, with Tier 1 being the highest priority. Applications that propose
compliance with a lower priority tier, or a combination of tiers, must demonstrate
in writing to the Administrator’s satisfaction that: (1) all reasonable efforts have
been taken to preserve trees utilizing the highest priority tier possible, (2) that
compliance with a higher tier is not feasible or practical for the project site, and
(3) that the project proposal meets or exceeds the purposes and intent of this
Section. Tree preservation shall be prioritized as follows:
i. Tier 1— Tree Protection Tract. Protection of trees or groves by
placement within a dedicated tract.
ii. Tier 2— Tree Protection Easement or Restrictive Covenant.
Protection of trees or groves by recordation of a permanent tree protection
easement (for groves of trees) or a restrictive covenant (for individual trees).
iii. Tier 3— Retention and Mitigation. Retention and removal of
trees, with subsequent mitigation by replanting.
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iv. Tier 4— Fee in Lieu of Planting. Fee in lieu of planting pursuant
to subsection H.1.f of this Section.
b. Tree Protection Tract and Easement Standards:
i. Tree protection tracts and easements should consist of an
aggregation of trees occupying a specific area and sufficiently uniform in species
composition, size, age, arrangement, and condition as to be distinguished from
adjoining areas;
ii. Trees shall be retained and maintained pursuant to the
recommendations of an ISA certified arborist or ASCA certified consultanta City
approved certified arborist or licensed landscape architect, as stated within the
required Tree Retention/Land Clearing (Tree Inventory) Plan;
iii. Amenities, as approved by the Administrator, may be installed
to facilitate passive recreation within the tract or easement. Such amenities might
include, but are not limited to, benches, picnic tables, and soft surface (semi‐
permeable) trails.
c. Replacement and Supplemental Planting Locations: The planting of
all replacement trees or supplemental trees shall be prioritized within tree
protection tract(s) or tree protection easement(s), when applicable, to the
maximum extent feasible to provide for adequate tree growth and heath.
cd. Tract Creation and Deed Restriction: The permit holder shall
establish and record a permanent and irrevocable deed restriction on the property
title of any tree protection tract or tracts easement created as a condition of a
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permit. Such deed restriction(s) shall prohibit development, alteration, or
disturbance within the tract or easement except for purposes of installing
Administrator approved amenities, or habitat enhancement activities as part of an
enhancement project, which has received prior written approval from the City. A
covenant shall be placed on the any tract restricting its separate sale.
de. Fencing: The City shall require permanent fencing of the tree
protection tract or easement. This shall be accomplished by installing a wood,
split‐rail fence with applicable signage. The Administrator may approve
pedestrian‐sized openings for the purpose of facilitating passive recreation within
the tract for the benefit of the community. The Administrator may authorize
alternate styles and/or materials for the required fencing.
ef. Signage Required: The common boundary between a tree
protection tract and the abutting land must be permanently identified. This
identification shall include permanent wood or metal signs on treated wood, or
metal posts. Sign locations and size specifications are subject to City review for
approval. Suggested wording is as follows: “Protection of these trees is in your
care. Alteration or disturbance is prohibited by law.”
fg. Responsibility for Ownership and Maintenance: The relevant
homeowners’ association, abutting lot owners, the permit applicant or designee,
or other City approved entity shall have ownership and responsibility for
maintaining the tree protection tract(s), easement(s), and protected trees.
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gh. Maintenance Covenant and Note Required: The following note
shall appear on the face of all plats, short plats, PUDs, or other approved site plans
containing at least one tree protection tract or easement, and shall also be
recorded as a covenant running with the land on the title of record for all affected
lots on the title: “MAINTENANCE RESPONSIBILITY: All owners of lots created by or
benefiting from this City action are responsible for maintenance and protection of
the tree protection tract/easement. Maintenance includes ensuring that no
alterations occur within the tract/easement and that all vegetation remains
undisturbed unless the express written authorization of the City has been
received.”
3. Tree Retention/Land Clearing (Tree Inventory) Plan Required: When a
land development permit Land Development Permit, as defined in RMC 4‐11‐120,
is submitted to the City it shall be accompanied by a Ttree Rretention/Lland
Cclearing (Ttree Iinventory) Pplan as defined in pursuant to RMC 4‐8‐120D20,
Submittal Requirements – Specific to Application Type.
4. Arborist Report Required: When a land development permit, as defined
in RMC 4‐11‐120, is submitted to the City it shall be accompanied by an Arborist
Report pursuant to RMC 4‐8‐120, Submittal Requirements – Specific to
Application Type.
45. Applicability, Performance Standards and Alternates: All land clearing
and tree removal activities shall conform to the criteria and performance
standards set forth in this Section unless otherwise recommended in an approved
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soil engineering, engineering geology, hydrology, or forest management plan and
where the alternate procedures will be equal to or superior in achieving the
purposes of this Section. All land clearing and tree removal activities may be
conditioned to ensure that the standards, criteria, and purposes of this Section
are met.
56. General Review Criteria: All land clearing and tree removal activities
shall comply with RMC 4‐4‐060, Grading, Excavation, and Mining Regulations, and
shall meet the following criteria:
a. The land clearing and tree removal will not create or contribute to
landslides, accelerated soil creep, settlement or subsidence, flooding, erosion, or
increased turbidity, siltation, or other form of pollution in a watercourse.
b. Land clearing and tree removal will be conducted to maintain or
provide visual screening and buffering between land uses of differing intensity,
consistent with applicable landscaping and setback provisions of the Renton
Municipal Code.
c. Land clearing and tree removal shall be conducted so as to expose
the smallest practical area of soil to erosion for the least possible time, consistent
with an approved build‐out schedule and including any necessary erosion control
measures.
d. Land clearing and tree removal shall be consistent with subsection
D,3 of this Section, Restrictions for Critical Areas – General, and RMC 4‐3‐050,
Critical Areas Regulations.
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e. The land clearing and tree removal shall not create or contribute to
a hazardous condition, such as increased potential for blowdown, pest infestation,
disease, or other problems that may result from selectively removing trees and
other vegetation from a lot.
f. Land clearing and tree removal shall be conducted to maximize the
preservation of any tree in good health that is an outstanding specimen because
of its size, form, shape, age, color, rarity, or other distinction as a community
landmark.
67. Timing: The City may restrict the timing of the land clearing and tree
removal activities to specific dates and/or seasons when such restrictions are
necessary for the public health, safety and welfare, or for the protection of the
environment.
78. Restrictions for Critical Areas: See subsection D.3 of this Section,
Restrictions for Critical Areas – General, and RMC 4‐3‐050, Critical Areas
Regulations.
89. Condition Measures for Tree/Ground Cover Retention: The following
measures may be used in conditioning a land development permit or building
permit proposal, to comply with the general review criteria of subsection H5 H.6
of this Section, General Review Criteria:
a. Trees shall be maintained to the maximum extent feasible on the
property where they are growing. Modification of the tree retention and land
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clearing plan, or the associated land development permit Land Development
Permit, may be required to ensure the retention of the maximum number of trees.
b. The applicant may be required to replace trees, provide interim
erosion control, hydroseed exposed soils, or other similar conditions which would
implement the intent of this Section.
c. Trees that shelter interior trees or trees on abutting properties from
strong winds that could otherwise cause them to blow down should be retained.
910. Protection Measures During Construction: Protection measures in
this subsection shall apply for all trees that are to be retained on‐site and off‐site.
Off‐site trees containing drip lines that encroach onto the site under construction
shall be considered protected trees unless the applicant obtains written
permission from the abutting property owner to remove the off‐site trees and it
is determined that the tree removal on the abutting property owner is in
compliance with subsection C of this Section, Allowed Tree Removal Activities. All
of the following tree protection measures shall apply:
a. Construction Storage Prohibited: The applicant may not fill,
excavate, stack or store any equipment, dispose of any materials, supplies or
fluids, operate any equipment, install impervious surfaces, or compact the earth
in any way within the area defined by the drip line of any tree to be retained.
ba. Fenced Protection Area Required Temporary Tree Protection
Fencing: Prior to development activities, the applicant shall erect and maintain a
six‐foot (6') high, post‐driven, chain‐link temporary construction fenceing around
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the drip lines of all retained trees, or if a tree protection tract or easement is
provided, at a distance surrounding the tree equal to one and one‐quarter feet (1‐
1/4') for every one inch (1") of trunk caliper, whichever is greater, or along the
perimeter of thea tree protection tract or easement. The temporary tree
protection fencing shall be installed with steel posts driven at a depth that will
adequately ensure the fence remains in an upright position for the duration of the
development. The temporary tree protection fencing shall not be disturbed,
removed, or relocated until the conclusion of construction activities. Protected
trees may be fenced individually or in groups of trees. Individual trees shall be
fenced on four (4) sides. If some tree or vegetation removal is necessary in order
to gain access to retained trees for the purposes of installing temporary tree
protection fencing, the applicant shall submit a phased tree removal plan for
review and approval by the Administrator, prior to all development activities.
Placards shall be placed on fencing every fifty feet (50') indicating the words, “NO
TRESPASSING – Protected Trees,” or on each side of the fencing if less than fifty
feet (50'). Site access to individually protected trees or groups of trees shall be
fenced and signed. Individual trees shall be fenced on four (4) sides. In addition,
the applicant shall provide supervision whenever equipment or trucks are moving
near trees.
b. Tree Protection Signage: Signage shall be placed on the tree
protection fencing at intervals of no more than twenty feet (20’) along the entirety
of the protective tree fence. The sign(s) shall be designed, constructed, and
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installed in accordance with official specifications provided by the Administrator
and shall convey the information deemed necessary by the Administrator.
c. Construction Storage Prohibited: The applicant may not fill,
excavate, stack, or store any equipment, dispose of any materials, supplies or
fluids, operate any equipment, or compact the earth in any way within the area
defined by the drip line of any tree to be retained.
cd. Protection from Grade Changes: If the grade level adjoining to a
tree to be retained is to be raised, the applicant shall construct a dry rock wall or
rock well around the tree. The diameter of this wall or well must be equal to the
tree’s drip line.
de. Impervious Surfaces Prohibited within the Drip Line: The
applicant may not install impervious surface material within the area defined by
the drip line of any tree to be retained, unless otherwise approved by the City.
f. Utilities Prohibited Within the Drip Line: The applicant may not
install utilities within the area defined by the drip line of any tree to be retained,
unless otherwise approved by the City.
eg. Restrictions on Grading within the Drip Lines of Retained
Trees: The grade level around any tree to be retained may not be lowered within
the greater of the following areas: (i) the area defined by the drip line of the tree,
or (ii) an area around the tree equal to one and one‐half feet (1‐1/2') in diameter
for each one inch (1") of tree caliper. A larger tree protection zone based on tree
size, species, soil, or other conditions may be required.
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
35
fh. Vegetation and Undergrowth Protection Mulch Layer
Required: With the exception of invasive species removal which has received prior
written approval from the City, removal of the existing vegetation within the drip
line of protected trees is prohibited during development activities. Native
understory trees, shrubs, and other vegetation shall be protected within the
designated tree protection area for the duration of the development activities. All
areas within the required fencing shall be covered completely and evenly with a
minimum of three inches (3") of bark mulch prior to installation of the protective
fencing. Exceptions may be approved if the, except in areas where mulch will
adversely affect protected ground cover plants.
gi. Monitoring Required during Construction: For all protected trees
required to be retained in compliance with a land use decision, Tthe applicant shall
retain an ISA certified arborist or ASCA certified consultanta certified arborist or
licensed landscape architect to ensure trees are protected from development
activities and/or to prune branches and roots, fertilize, and water as appropriate
for any trees and ground cover that are to be retained. The ISA certified arborist
or ASCA certified consultant shall supervise the installation of any required tree
protection fencing, permanent or temporary.
Hj. Alternative Protection: Alternative safeguards may be used if
determined by the Administrator that such safeguards would to provide equal or
greater tree protection.
1011. Maintenance:
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
36
a. All retained and replacement trees, including protected trees, shall
be maintained in perpetuity from the date of the final land development permit
Land Development Permit issued for the project, unless tree removal is authorized
pursuant to this Section;
b. All retained trees and vegetation shall be pruned and trimmed to
maintain a healthy growing condition or to prevent limb failure;
c. With the exception of dangerous high‐risk trees specifically retained
to provide wildlife habitat, any protected tree that becomes a dangerous high‐risk
tree, as defined in RMC 4‐11‐200, or any protected or replacement tree that is
stolen removed, shall be replaced within three (3) months or during the next
planting season if the loss does not occur in a planting season.
I. RESERVED.
J. VIOLATIONS AND PENALTIES:
1. Penalties: Penalties for any violation of any of the provisions of this
Section shall be in accordance with chapter 1‐10 RMC, Code Enforcement. In a
prosecution under this Section, each tree removed, damaged, or destroyed will
constitute a separate violation, in accordance with RMC 1‐10‐7, Failure to Comply,
and the Renton Municipal Code. and each tree protection fence (required
pursuant to subsection H.10 of this Section) removed, damaged, fallen, or
relocated in violation of the provisions of this Section, will constitute a separate
violation. Prosecution of any violation(s) of this Section shall be in accordance with
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
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RMC 1‐10‐7, Failure to Comply, and any other applicable terms of the Renton
Municipal Code.
2. Additional Liability for Damage: In addition, any person who violates
any provision of this Section or of a permit shall be liable for all damages to public
or private property arising from such violation, including the cost of restoring the
affected area to its condition prior to such violation.
3. Ground Cover Restoration Required: The City may require replacement
of all improperly removed ground cover with species similar to those which were
removed or other approved species such that the biological and habitat values will
be replaced. Restoration shall include installation and maintenance of interim and
emergency erosion control measures that shall be required as determined by the
City.
4. Tree Removal Mitigation: Tree replacement and mitigation shall be
conducted in accordance with the following requirements:
a. Tree Mitigation Fee: Upon determination that a tree, vegetation, or
tree protection fencing has been removed or altered in violation of a land
development permit or in violation of this Section, the Administrator may impose
a mitigation fee of up to two thousand dollars ($2,000) per tree or per violation,
plus the installation of replacement trees and/or paying a fee in lieu, pursuant to
subsection J.4.c and J.4.e of this Section, for the equivalent credit value of the
tree(s) removed.
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
38
b. Tree Violation Measurement: For the purposes of code
enforcement, if a tree has been removed and only the stump remains, the size of
the tree shall be determined by the diameter of the top of the stump, unless prior
documented record from an ISA certified arborist or ASCA certified consultant was
completed within one (1) year of the date of violation.
c. Tree Replacement Quantity: For each tree that was improperly cut
and/or removed in violation of this Section, replacement planting shall occur at a
rate based on the credit value of the tree(s) removed pursuant to the table shown
in subsection H.1.b of this Section.
d. Tree Replacement Standards: The Administrator shall have the
authority to approve, deny, or restrict the tree species for proposed replacement
trees. Replacement trees shall be planted with a minimum size of two‐inch (2")
caliper, or evergreen trees with a minimum size of six feet (6') tall. The City may
require a bond to ensure the survival of replacement trees.
e. Tree Replacement Fee in Lieu: If the Administrator determines that
it is infeasible to replace trees on the site, payment into the City’s Urban Forestry
Program fund may be approved in an amount of money approximating the current
market value of the replacement trees and the labor to install them. The City shall
determine the value of replacement trees.
f. Applicability: Protected and retained trees that are removed in
violation of a land development permit shall have the drip lines maintained in
perpetuity as protected tree drip lines, as defined in RMC 4‐11‐040, Definitions D.
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
39
No impervious surface, obstructions, or structures are permitted within a
protected tree drip line. Tree replacement planting shall be prioritized within the
protected tree drip line to the maximum extent feasible for optimal health of the
replacement trees.
4. Replacement Required: The City may require, for each tree that was
improperly cut and/or removed in violation of this Section, replacement planting
with one or more trees of equal quality and species at a ratio of one‐to‐one (1:1)
caliper inches. The replacement trees will be of sufficient caliper to adequately
replace the lost tree(s), and be a minimum of two (2) caliper inches. The City may
require a bond to ensure the survival of replacement trees. If the Administrator
determines that it is infeasible to replace trees on the site, payment into the City’s
Urban Forestry Program fund may be approved in an amount of money
approximating the current market value of the replacement trees and the labor to
install them. The City shall determine the value of replacement trees.
5. Stop Work: For any parcel on which trees and/or ground cover are
improperly removed and subject to code enforcement and penalties under this
Section, the City shall stop work on any existing permits and halt the issuance of
any or all future permits or approvals until the property is fully restored in
compliance with this Section and all penalties are paid.
SECTION V. The definitions of “Arborist Report” and “Arborist Report, Final” in
subsection 4‐8‐120.D.1, and “Tree Retention/Land Clearing (Tree Inventory) Plan” in subsection
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
40
4‐8‐120.D.20 of the Renton Municipal Code are amended as shown below. All other definitions
in 4‐8‐120.D remain in effect and unchanged.
Arborist Report: A report prepared by an ISA certified arborist or ASCA
certified consultant a certified arborist or licensed landscape architect that
correlates with the Tree Retention/Land Clearing (Tree Inventory) Plan and
includes the following: and identifies size, species, health, and reason for any
removal. The report shall identify the limits of disturbance for all retained trees.
a. The project location, description of proposed development, and
description of proposed tree removal; and
b. A conceptual tree removal and retention plan; and
c. An inventory of all trees on‐site to be retained and removed, with
details regarding tree species, size, health, proposed reasons for any removal, and
the tree credit value for each tree pursuant to the table shown in RMC 4‐4‐
130.H.1.b, Tree Credit Requirements; and
d. In cases where high‐risk trees are proposed for removal, the report
shall be prepared by an arborist with ISA Tree Risk Assessment Qualification
(TRAQ) and include an ISA Tree Risk Assessment standard form fully completed.
Arborist Report, Final: A report prepared by an ISA certified arborist or
ASCA certified consultant a certified arborist or licensed landscape architect
summarizing field verification of the health of the retained trees post construction
and recommendations for long‐term care.
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
41
Tree Retention/Land Clearing (Tree Inventory) Plan: A completed tree
retention worksheet accompanied by a full dimensional plan, drawn by an ISA
certified arborist, ASCA certified consultant, or a licensed landscape architect,
based on finished grade, drawn at the same scale as the project site plan with the
northern property line at the top of the sheet, clearly showing the following:
a. All property boundaries and adjacent streets;
b. Location of all areas proposed to be cleared;
c. Species and sizes of vegetation to be removed, altered, or retained
and the boundaries and predominant species of stands of trees consisting of five
(5) or more trees. This requirement applies only to trees six‐inch (6") caliper and
larger, fifty‐four inches (54") above grade, and the location, size and species of all
protected trees on the site;
d. For trees proposed to be retained, a complete description of each
tree’s health, condition, and viability;
e. For trees proposed to be retained, a description of the method(s)
used to determine the limits of disturbance (i.e., critical root zone, root plate
diameter, or a case‐by‐case basis description for individual trees);
f. For projects subject to a land development permit, as defined in
RMC 4‐11‐120, Definitions L, an analysis of minimum tree retention compliance
and minimum tree credit compliance pursuant to RMC 4‐4‐130.H.1;
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
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g. For subdivision applications, an analysis of the project proposal’s
compliance with the tree preservation priority requirements as outlined in RMC
4‐4‐130.H.2.a,Tree Preservation Priority;
fh. For trees proposed to be preserved within a tree protection tract or
easement, any special instructions for maintenance (e.g., trimming, ground
clearing, root pruning, monitoring, aftercare, etc.);
gi. For trees not viable for retention, the reason(s) for removal based
on poor health, high risk of failure due to structure, defects, unavoidable isolation
(i.e., high blow down potential), or unsuitability of species, etc., and for which no
reasonable alternative action is possible (pruning, cabling, etc.);
hj. A description of the impact of necessary tree removal to the
remaining trees, including those in a grove or on abutting properties;
ik. For development applications, a discussion of timing and
installation of tree protection measures that must include fencing and be in
accordance with the tree protection standards as outlined in RMC 4‐4‐130H9 4‐4‐
130.H.10, Protection Measures During Construction;
jl. The suggested location and species of supplemental trees to be used
when required. The report shall include planting and maintenance specifications;
km. Future building sites and drip lines of any trees which will
overhang/overlap a construction line;
ln. Location and dimensions of rights‐of‐way, utility lines, fire hydrants,
street lighting, and easements;
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
43
mo. Where the drip line of a tree overlaps an area where construction
activities will occur, this shall be indicated on the plan;
np. For allowed activities, including allowed exemptions,
modifications, and variances, show all trees proposed to be removed in priority
tree retention areas: slopes twenty‐five percent (25%) to thirty‐nine percent
(39%), high or very high landslide hazard areas, and high erosion hazard areas;
oq. Show trees to be removed in protected critical areas: wetlands,
Shorelines of the State, streams and lakes, floodways, floodplain slopes forty
percent (40%) or greater, very high landslide hazard areas, and critical habitat if
the activity is exempt or allowed by the critical areas regulations in RMC 4‐3‐
050.C.3, Exemptions – Critical Areas and Buffers;
pr. Show all trees to be retained in critical area buffers; and
qs. In all other areas of the site, trees to be removed may be indicated
generally with clearing limit lines except for protected trees. Show tThe location,
size, and species of all protected trees on a on‐site shall be shown. The plan shall
also differentiate between any proposed protected trees and any approved
proposed replacement trees or supplemental trees required pursuant to RMC 4‐
4‐130.H.1, Protected Trees. from the protected trees. Replacement trees may be
authorized in accordance with RMC 4‐4‐130H1e, Replacement Requirements, and
the number of replacement trees shall be determined pursuant to any planned
replanting areas in accordance with RMC 4‐4‐130H1c, Calculating Tree Retention.
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
44
In all other areas of the site, trees to be removed may be indicated generally with
clearing limit lines except for protected trees.
SECTION VI. Section 4‐9‐195 of the Renton Municipal Coded is amended as follows:
4‐9‐195 ROUTINE VEGETATION MANAGEMENT PERMITS:
A. PURPOSE:
This Section provides a permit process for routine vegetation management
implementing the tree retention and land clearing regulations in RMC 4‐4‐130.
B. AUTHORITY:
The Administrator is hereby authorized and directed to interpret and enforce
all the provisions of this Section.
C. APPLICABILITY:
Unless exempted by RMC 4‐4‐130.C, Allowed Tree Removal Activities, a
Rroutine Vvegetation Mmanagement Ppermit is required for any property where
routine vegetation management activities are undertaken.
D. PROCEDURES AND REVIEW CRITERIA:
Permits for routine vegetation management shall be processed as follows:
1. Submittal: An application for a routine vegetation management permit
shall be submitted to the Development Services Division together with any
necessary fees as specified in the City of Renton Fee Schedule.
2. Information Required: A routine vegetation management permit
application shall contain the information requested in RMC 4‐8‐120, Submittal
Requirements – Specific to Application Type.
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
45
3. Time: The permit shall be reviewed administratively within a reasonable
period of time.
4. Review Criteria: All land clearing and tree removal activities shall
comply with RMC 4‐4‐060, Grading, Excavation, and Mining Regulations, and shall
meet the following criteria:
a. The lot shall comply with minimum tree density credit requirements
pursuant to RMC 4‐4‐130, Tree Retention and Land Clearing Regulations;.
b. The land clearing and tree removal shall be consistent with
restrictions for critical areas, pursuant to RMC 4‐4‐130, Tree Retention and Land
Clearing Regulations, and RMC 4‐3‐050, Critical Areas Regulations;.
c. Removal of a landmark tree shall meet the review criteria for
removal of a landmark tree, pursuant to RMC 4‐4‐130, Tree Retention and Land
Clearing Regulations;.
d. Street frontage and parking lot trees and landscaping shall be
preserved, unless otherwise approved by the Administrator;.
e. The land clearing and tree removal shall not remove any landscaping
or protected trees required as part of a land development permit;.
f. The land clearing and tree removal shall maintain visual screening
and buffering between land uses of differing intensity, consistent with applicable
landscaping and setback provisions;.
g. The land clearing and tree removal shall not create or contribute to
a hazardous condition, such as increased potential for blowdown, pest infestation,
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
46
disease, or other problems that may result from selectively removing trees and
other vegetation from a lot; and.
h. The land clearing and tree removal shall be consistent with the
requirements of the Shoreline Master Program, pursuant to RMC 4‐3‐090.F.1,
Vegetation Conservation, and RMC 4‐4‐130, Tree Retention and Land Clearing
Regulations.
5. Routine Vegetation Management Permit Conditions: The routine
vegetation management permit may be denied or conditioned by the City to
restrict the timing and extent of activities or to require tree replacement in order
to further the intent of this Section including:
a. Preserve and enhance the City’s aesthetic character and maintain
visual screening and buffering.
b. Preserve habitat to the greatest extent feasible.
c. Prevent landslides, accelerated soil creep, settlement, and
subsidence hazards.
d. Minimize the potential for flooding, erosion, or increased turbidity,
siltation, or other form of pollution in a watercourse.
e. Ensure that the proposal will be consistent with RMC 4‐4‐130.D.3,
Restrictions for Critical Areas – General, and 4‐4‐130.D.4, Restrictions for Native
Growth Protection Areas.
f. Ensure that the proposal will be consistent with RMC 4‐3‐090,
Shoreline Master Program Regulations.
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
47
6. Time Limits for Routine Vegetation Management Permits: Any permit
for routine vegetation management shall be valid for one (1) year from the date
of issuance. An extension may be granted by the Administrator for a period of one
(1) year upon application by the property owner or manager. Application for such
an extension must be made at least thirty (30) days in advance of the expiration
of the original permit and shall include a statement of justification for the
extension.
E. APPEALS:
Appeal of the decision to grant, grant with conditions, or deny a routine
vegetation management permit shall be made consistent with RMC 4‐8‐110,
Appeals.
F. VIOLATIONS AND PENALTIES:
Unless otherwise specified, violations of this Section are misdemeanors
subject to RMC 1‐3‐1.
SECTION VII. Section 4‐11‐040 of the Renton Municipal Code is amended to add a new
definition of "Drip Line, Protected,” in alphabetical order, to read as shown below. All other
definitions in 4‐11‐040 remain in effect and unchanged.
DRIP LINE, PROTECTED: A tree drip line identified to be retained and preserved as
an undisturbed, vegetated area that fully encompasses the drip line of a protected
tree removed in violation of a land development permit.
SECTION VIII. The definition of “Land Development Permit” in section 4‐11‐120 of the
Renton Municipal Code is amended as follows:
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
48
LAND DEVELOPMENT PERMIT: An approved preliminary or final plat for single
family residential project, a building permit, civil construction permit, site plan, or
preliminary or final planned urban development plan.
SECTION IX. The definitions of “Tree” and “Tree Removal” in section 4‐11‐200 of the
Renton Municipal Code are amended as shown below. All other definitions in 4‐11‐200 remain in
effect and unchanged.
TREE: A woody perennial usually having one dominant trunk, or, for certain
species, a multi‐stemmed trunk system, with a potential minimum height of ten
feet (10') at maturity. Any trees listed on the Complete King County Weed List shall
not qualify as a tree.
A. Tree, Dangerous High‐Risk: Any tree that has been certified, in a written
arborist report, as dead, terminally diseased, damaged, or otherwise dangerous
to persons or property by a licensed landscape architect, or certified arborist.
prepared by an arborist with ISA Tree Risk Assessment Qualification (TRAQ), as
possessing the following ISA Tree Risk Assessment characterizations:
1. The tree has a probable or imminent likelihood of failure; and
2. The tree has a medium or high likelihood of impact; and
3. The consequences of failure for the tree are significant or severe.
B. Tree, Landmark: A tree with a caliper of thirty twenty‐four inches (3024")
or greater, except for Big Leaf Maples, Black Cottonwoods, and Red Alder trees,
which qualify as landmark trees with a caliper of thirty inches (30") or greater.
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
49
C. Tree, Protected: A significant tree identified to be retained, or a new tree
required to be planted, as a condition of approval for a land development permit
Land Development Permit.
D. Tree, Significant: A tree with a caliper of at least six inches (6"), or an except
alder or cottonwood trees, which qualify as significant trees with a caliper of at
least eight inches (8") or greater. Trees qualified certified as dangerous high‐risk
shall not be considered significant. Trees planted within the most recent ten (10)
years shall qualify as significant trees, regardless of the actual caliper.
E. Tree, Small Species: A tree with a mature height of thirty feet (30’) or less.
F. Tree, Medium Species: A tree with a mature height between thirty feet (30’)
and fifty feet (50’).
G. Tree, Large Species: A tree with a mature height of fifty feet (50’) or more.
TREE REMOVAL: The removal of a tree, through either direct or indirect actions,
including but not limited to: (1) clearing, damaging or poisoning resulting in a
dangerous high‐risk tree; (2) removal of more than forty percent (40%) of the live
crown; or (3) damage to roots or trunk that is likely to destroy the tree’s structural
integrity.
SECTION X. Upon approval of the City Attorney, the City Clerk is authorized to direct
the codifier to make necessary corrections to this ordinance, including the corrections of
scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or
regulations; or ordinance numbering and section/subsection numbering and references. The City
Clerk is further authorized to direct the codifier to update any chapter, section, or subsection
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
50
titles in the Renton Municipal Code affected by this ordinance. The City Clerk is further authorized
to direct the codifier to update any chapter, section, or subsection titles in the Renton Municipal
Code affected by this ordinance.
SECTION XI. If any section, subsection, sentence, clause, phrase, or word of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase, or word of this ordinance.
SECTION XII. This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this
ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2022.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2022.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD‐CED:2216:7/7/22
AGENDA ITEM # 8. a)
ORDINANCE NO. ________ 51 ATTACHMENT A 4‐2‐110A1 DEVELOPMENT STANDARDS FOR RESIDENTIAL ZONING DESIGNATIONS (PRIMARY STRUCTURES) RC R‐132 R‐410, 32 R‐6 R‐8 R‐10 R‐14 RMF Minimum Net Density (per Net Acre)1, 2, 15 None 3 dwelling units 4 dwelling units 5 dwelling units30 7 dwelling units30 10 dwelling units30 Maximum Net Density (per Net Acre, Except per Net 10 Acres in RC)2, 14, 15 1 dwelling unit 1 dwelling unit7, 36 4 dwelling units 6 dwelling units 8 dwelling units38 10 dwelling units29 14 dwelling units29 20 dwelling units29 Maximum Number of Dwellings (per Legal Lot)2 1 dwelling with 1 accessory dwelling unit 1 dwelling with 1 accessory dwelling unit7 1 dwelling with 1 accessory dwelling unit 1 dwelling with 1 accessory dwelling unit Detached dwellings: 1 dwelling with 1 accessory dwelling unit Attached dwellings: n/a Per Maximum Net Density Minimum Lot Size2, 28, 31 10 acres 1 acre3, 32 9,000 sq. ft.32, 34 7,000 sq. ft.32, 34 5,000 sq. ft.34 Detached dwellings: 4,000 sq. ft. Attached dwellings: n/a Detached dwellings: 3,000 sq. ft. Attached dwellings: n/a n/a AGENDA ITEM # 8. a)
ORDINANCE NO. ________ 52 RC R‐132 R‐410, 32 R‐6 R‐8 R‐10 R‐14 RMF Minimum Lot Width31 150 ft. 100 ft.32 70 ft.32 60 ft.32 50 ft. 40 ft. 30 ft. Townhouses: 25 ft. Other Attached Dwellings: 50 ft. Minimum Lot Width31 (Corner Lots) 175 ft. 110 ft. 80 ft. 70 ft. 60 ft. 50 ft. 40 ft. Townhouses: 30 ft. Other Attached Dwellings: 60 ft. Minimum Lot Depth31 300 ft. 200 ft.3, 32 100 ft.32 90 ft.32 80 ft. 70 ft. 60 ft. Townhouses: 50 ft. Other Attached Dwellings: 65 ft. Minimum Front Yard4, 5, 31 30 ft. 30 ft.6 30 ft.6, 33 25 ft.6 20 ft. except when all vehicle access is taken from an alley, then 15 ft.39 15 ft.11, except when all vehicle access is taken from an alley, then 10 ft.39 Townhouses: 15 ft.11, except when all vehicle access is taken from an alley, then 10 ft.39 Other Attached Dwellings: 20 ft. Minimum Rear Yard4, 22, 31 35 ft. 30 ft. 25 ft.33 25 ft. 25 ft.39 15 ft.21, 39 10 ft.21, 39 Townhouses: 10 ft.13, 39 AGENDA ITEM # 8. a)
ORDINANCE NO. ________ 53 RC R‐132 R‐410, 32 R‐6 R‐8 R‐10 R‐14 RMF Other Attached Dwellings: 15 ft.39 Minimum Side Yard4, 31 25 ft. 15 ft. Combined 20 ft. with not less than 7.5 ft. on either side. Combined 15 ft. with not less than 5 ft. on either side. 5 ft. Detached Units: 4 ft. Attached Units: 4 ft. for unattached side(s), 0 ft. for the attached side(s).23 Detached Units: 4 ft. Attached Units: 4 ft. for unattached side(s), 0 ft. for the attached side(s).23 5 ft. for unattached side(s), 0 ft. for the attached side(s).13 Minimum Secondary Front Yard4, 5, 31 (applies to Corner Lots) 30 ft. 30 ft.6 30 ft.6, 33 25 ft.6 15 ft.11 15 ft.11 15 ft.11 Townhouses: 15 ft.11 Other Attached Dwellings: 20 ft. Maximum Building Coverage (including Primary and Accessory) 10% 20% 35% 40% 50% 55% 65% Townhouses: 70% Other Attached Dwellings: 35% A maximum coverage of 45% may be allowed through the AGENDA ITEM # 8. a)
ORDINANCE NO. ________ 54 RC R‐132 R‐410, 32 R‐6 R‐8 R‐10 R‐14 RMF Hearing Examiner site development plan review process. Maximum Impervious Surface Area 15% 25% 50% 55% 65% 70% 80% 75% Maximum Number of Stories 3 2 3 Maximum Wall Plate Height8, 9, 12, 18, 19 32 ft. 24 ft. 24 ft., increase up to 32 ft. possible subject to administrative conditional use permit approval. Townhouses: 32 ft. Other Attached Dwellings: 32 ft., increase up to 42 ft. possible subject to administrative conditional use permit approval. Maximum Number of Units per Building2 n/a No more than 4 units per building. No more than 6 units per building. n/a AGENDA ITEM # 8. a)
ORDINANCE NO. ________ 55 RC R‐132 R‐410, 32 R‐6 R‐8 R‐10 R‐14 RMF Minimum Tree Density 2 significant trees per 5,000 sq. ft. See RMC 4‐4‐130. Attached units: 4 significant trees per 5,000 sq. ft. See RMC 4‐4‐130. n/a Minimum Freeway Frontage Setback 10 ft. landscaped setback from the street property line. Maximum Wireless Communication Facilities Height (including Amateur Radio Antennas) See RMC 4‐4‐140, Wireless Communication Facilities. Amateur radio antennas are allowed a maximum height of 6 feet without a Conditional Use Permit. Larger structures will have a maximum height determined by the Conditional Use Permit process, RMC 4‐9‐030, Conditional Use Permits. Design Standards See RMC 4‐2‐115, Residential Design and Open Space Standards. Landscaping See RMC 4‐4‐070, Landscaping. Exterior Lighting See RMC 4‐4‐075, Lighting, Exterior On‐Site. Screening See RMC 4‐4‐095, Screening and Storage Height/Location Limitations. Exception for Pre‐Existing Legal Lots See RMC 4‐10‐010, Nonconforming Lots. AGENDA ITEM # 8. a)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SUBSECTIONS 4‐2‐020.R, 4‐2‐060.K, 4‐2‐080.A.29, AND 4‐2‐080.A.56, AND
SECTION 4‐11‐130 OF THE RENTON MUNICIPAL CODE, AMENDING MEDICAL
INSTITUTIONS REGULATIONS IN THE EMPLOYMENT AREA (EA) LAND USE
DESIGNATION, AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY,
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, pursuant to RCW 36.70A.106, on May 13, 2022, the City notified the State of
Washington of its intent to adopt amendments to its development regulations; and
WHEREAS, the Planning Commission held a public hearing on June 1, 2022, considered all
relevant matters, and heard all parties in support or opposition, and subsequently forwarded a
recommendation to the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits remain in effect and unchanged.
SECTION II. Subsection 4‐2‐020.R of the Renton Municipal Code is amended as follows:
R. MEDIUM INDUSTRIAL ZONE (IM):
The purpose of the Medium Industrial Zone (IM) is to provide areas for
medium‐intensity industrial activities involving manufacturing, processing,
assembly, and warehousing. Uses in this zone may require some outdoor storage
and may create some external emissions of noise, odor, glare, vibration, etc., but
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
2
these are largely contained on‐site. Compatible uses that directly serve the needs
of other uses permitted within the district are also allowed zone‐wide.
Additionally, within the Employment Area designation, an even wider variety of
commercial and service uses may be permitted.
SECTION III. Subsection 4‐2‐060.K of the Renton Municipal Code is amended as shown
in Attachment A.
SECTION IV. Subsections 4‐2‐080.A.29 and 4‐2‐080.A.56 of the Renton Municipal Code
are amended as shown below. All other provisions in 4‐2‐080.A remain in effect and unchanged.
29. Specified use(s) are only allowed in the Employment Area (EA) land
use designation west of Rainier Avenue South/ SR‐167, provided:
a. Gambling facilities, vehicle and equipment rental, and
communication broadcast and relay towers are prohibited within the area south
of I‐405 and north of SW 16th Street.
b. Outdoor storage (existing and new), vehicle storage, and large
vehicle sales are only allowed in the area south of I‐405 and west of Rainier
Avenue South/SR‐167. Outdoor storage is allowed as an accessory use in all
industrial zones.
c. Bulk storage shall be subject to the special permits provisions of
RMC 4‐9‐220. Bulk storage is only allowed at least one hundred feet (100') from
any residential zoning designations. Bulk storage shall be consistent with the
provisions of RMC 4‐4‐110, Storage, Bulk.
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
3
d. Medical institutions shall be subject to the provisions for Urban
Design District ‘D’ pursuant to RMC 4‐3‐100, Urban Design Regulations.
56. Reserved Specified use(s) are prohibited within the Employment Area
(EA).
SECTION V. The definition of ‘Medical Institutions’ in section 4‐11‐130 of the Renton
Municipal Code is amended as shown below. All other definitions in 4‐11‐130 remain in effect
and unchanged.
MEDICAL INSTITUTIONS: Facilities providing physical or mental health services,
in‐patient accommodations, and medical or surgical care of the sick or injured.
Medical institutions are allowed one helipad as an accessory use, if functionally
and architecturally integrated into the primary use, regardless of the treatment of
helipads in the underlying zoning. This definition includes hospitals, clinics,
hospices, and holistic health centers, and nursing homes as defined in Group I‐2
of the IFC. This definition excludes medical and dental offices, convalescent
centers, assisted living, and group homes I and II.
SECTION VI. Upon approval of the City Attorney, the City Clerk is authorized to direct
the codifier to make necessary corrections to this ordinance, including the corrections of
scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or
regulations; or ordinance numbering and section/subsection numbering and references. The City
Clerk is further authorized to direct the codifier to update any chapter, section, or subsection
titles in the Renton Municipal Code affected by this ordinance.
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
4
SECTION VII. If any section, subsection, sentence, clause, phrase, or word of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase, or word of this ordinance.
SECTION VIII. This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this
ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2022.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2022.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD‐CED:2226:7/7/22
AGENDA ITEM # 8. b)
ORDINANCE NO. ________ 5 ATTACHMENT A 4‐2‐060 Zoning Use Table – Uses Allowed in Zoning Designations: USES: RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS RC R‐1 R‐4 R‐6 R‐8 RMH R‐10 R‐14 RMF IL IM IH CN CV CA CD CO COR UC‐1 UC‐2 K. SERVICES Services, General Bed and breakfast house, accessory AD AD AD AD AD AD AD AD AD P Bed and breakfast house, professional AD AD AD5 AD P Hotel P29 P29 P29 P P20 P P P P18 P18 Hotel, extended stay P29 P29 P29 P29 P Motel P29 P29 P29 P P20 Off‐site services P29 P29 P29 P29 On‐site services AD33 P29 P29 P29 P22 P P P P54 P21 P82 P82 Drive‐in/drive‐through service AC61 AC61 AC61 AC80 AC61 AC80 AC61 AC61 AC61 AC82 AC82 Vehicle rental, small P P P AD P20 Vehicle and equipment rental, large P29 P29 P29 AGENDA ITEM # 8. b)
ORDINANCE NO. ________ 6 USES: RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS RC R‐1 R‐4 R‐6 R‐8 RMH R‐10 R‐14 RMF IL IM IH CN CV CA CD CO COR UC‐1 UC‐2 Day Care Services Adult day care I AC AC AC AC AC AC AC AC AC P P P P P P P P P P100 P100 Adult day care II H H H H H H H P P P P P P P P12 P21 P100 P100 Day care centers H25 H25 H25 H25 H25 H25 H25 P P P P P P P P P21 P100 P100 Family day care AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC3 AC AC AC AC Healthcare Services Convalescent centers H H H H P AD P3 P40 AD AD96 AD96 Medical institutions H H H H H H H H H2956 H2956 H56 H H H H P40 H H H AGENDA ITEM # 8. b)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SUBSECTION 4‐1‐220.D.2 OF THE RENTON MUNICIPAL CODE, AMENDING MULTI‐
FAMILY TAX EXEMPTION HOUSING TYPES, AUTHORIZING CORRECTIONS,
PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on December 22, 2003, the Renton City Council passed Ordinance No. 5061
(codified in RMC 4‐1‐220) establishing a limited property tax exemption to encourage multi‐
family housing development in designated residential targeted areas; and
WHEREAS, the provisions of RMC 4‐1‐220, Property Tax Exemption for Multi‐Family
Housing in Residential Targeted Areas, have been successful in encouraging increased residential
opportunities and in stimulating new construction of multi‐family housing in the City’s priority
community revitalization and redevelopment areas and encouraging more affordable multi‐
family housing in the City; and
WHEREAS, the Administration believes that multi‐family housing incentives should be
used as a tool to encourage more multi‐family housing development in the City’s priority
community revitalization and redevelopment areas and to encourage more affordable multi‐
family housing in the City; and
WHEREAS, the Administration believes that an incentive should only be provided to
market‐rate multi‐family housing projects that represent the highest and best use of the
applicable zoned property; and
WHEREAS, the Administration believes that townhomes do not represent the highest and
best use of the applicable zoned property; and
AGENDA ITEM # 8. c)
2
ORDINANCE NO. ________
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, pursuant to RCW 36.70A.106, on May 13, 2022, the City notified the State of
Washington of its intent to adopt amendments to its development regulations; and
WHEREAS, the Planning Commission held a public hearing on June 1, 2022, considered all
relevant matters, and heard all parties appearing in support or in opposition, and subsequently
forwarded a recommendation to the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits remain in effect and unchanged.
SECTION II. Subsection 4‐1‐220.D.2 of the Renton Municipal Code is amended as
shown below. All other provisions in 4‐1‐220.D remain in effect and unchanged.
2.Size and Structure:
a.If the project is located in the Downtown and within the Residential‐
14 (R‐14) Zone, or in the Sunset Area and within either the Residential Multi‐
Family (RMF) Zone or the Residential‐14 (R‐14) Zone, the project shall (i) consist
of a minimum total of ten (10) new dwelling units of multi‐family housing, and (ii)
be located within a new residential structure(s) or a new mixed‐use development
as allowed by the RMC for the specific zone. At least fifty percent (50%) of the
space within the project shall be intended for permanent residential occupancy.
AGENDA ITEM # 8. c)
ORDINANCE NO. ________
3
b. If the project is located in the Downtown and within the Center
Downtown (CD) Zone, or in the Sunset Area and within the Center Village (CV)
Zone, the following applies:
i. If the project is located in the Downtown and within the Center
Downtown (CD) Zone, the project shall (a) consist of a minimum total of thirty (30)
new dwelling units of multi‐family housing and (b) be a new structure(s) and (c)
be a mixed‐use development, unless the Administrator waives one or more of
these requirements. If the Administrator waives the mixed‐use development
requirement, the multi‐family housing shall be located in a new residential
structure(s). At least fifty percent (50%) of the space within the project shall be
intended for permanent residential occupancy.
ii. If the project is located in the Sunset Area and within the Center
Village (CV) Zone, the project shall (a) consist of a minimum total of thirty (30) new
dwelling units of multi‐family housing and (b) be located in a new structure(s) and
(c) be a mixed‐use development, unless the Administrator waives the minimum
number of new units requirement or the mixed‐use development requirement.
The Administrator cannot waive the new structure(s) requirement. If the
Administrator waives the mixed‐use development requirement, the multi‐family
housing shall be located in a new residential structure(s). At least fifty percent
(50%) of the space within the project shall be intended for permanent residential
occupancy.
AGENDA ITEM # 8. c)
ORDINANCE NO. ________
4
iii. If one hundred percent (100%) of the housing units in a
homeownership project are affordable housing, the project shall (a) consist of a
minimum of ten (10) new dwelling units of multi‐family housing and (b) be located
within a new residential structure(s) or a new mixed‐use development as allowed
by the RMC for the specific zone. At least fifty percent (50%) of the space within
the project shall be intended for permanent residential occupancy. The project
shall designate and sell at least fifty percent (50%) of total housing units as
affordable for households at or below eighty percent (80%) of median income,
and designate and sell any remaining housing units as affordable for households
at or below one hundred twenty percent (120%) of median income. In addition,
the housing units affordable for households at or below eighty percent (80%) of
median income shall remain affordable in perpetuity through a community land
trust or other similar model acceptable to the City.
iv. The value of Mmarket‐rate townhomes projects are is not
eligible for the exemption.
c. If the project is located in the Rainier/Grady Junction TOD Subarea
and within the Commercial Arterial (CA), Commercial Office (CO) Zone, or in the
South Lake Washington and within the Urban Center‐1 (UC‐1), or the Urban
Center‐2 (UC‐2) Zone, the following applies:
i. If the project is located in the Rainier/Grady Junction TOD
Subarea or South Lake Washington and within the Commercial Arterial (CA),
Commercial Office (CO), Urban Center‐1 (UC‐1), or the Urban Center‐2 (UC‐2)
AGENDA ITEM # 8. c)
ORDINANCE NO. ________
5
Zone, the project shall (a) consist of a minimum total of one hundred (100) new
dwelling units of multi‐family housing, subject to subsection D2cii of this Section,
and (b) be a new structure(s) and (c) be a mixed‐use development, unless the
Administrator waives one or more of these requirements. If the Administrator
waives the mixed‐use development requirement, the multi‐family housing shall
be located in a new residential structure(s). At least fifty percent (50%) of the
space within the project shall be intended for permanent residential occupancy.
ii. If one hundred percent (100%) of the housing units in a
homeownership project are affordable housing, the project shall (a) consist of a
minimum of ten (10) new dwelling units of multi‐family housing and (b) be located
within a new residential structure(s) or a new mixed‐use development as allowed
by the RMC for the specific zone. At least fifty percent (50%) of the space within
the project shall be intended for permanent residential occupancy. The project
shall designate and sell at least fifty percent (50%) of total housing units as
affordable for households at or below eighty percent (80%) of median income,
and designate and sell any remaining housing units as affordable for households
at or below one hundred twenty percent (120%) of median income. In addition,
the housing units affordable for households at or below eighty percent (80%) of
median income shall remain affordable in perpetuity through a community land
trust or other similar model acceptable to the City.
iii. The value of Mmarket‐rate townhomes projects are is not
eligible for the exemption.
AGENDA ITEM # 8. c)
ORDINANCE NO. ________
6
SECTION III. Upon approval of the City Attorney, the City Clerk is authorized to direct
the codifier to make necessary corrections to this ordinance, including the corrections of
scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or
regulations; or ordinance numbering and section/subsection numbering and references. The City
Clerk is further authorized to direct the codifier to update any chapter, section, or subsection
titles in the Renton Municipal Code affected by this ordinance.
SECTION IV. If any section, subsection, sentence, clause, phrase, or word of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase, or word of this ordinance.
SECTION V. This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this
ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2022.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2022.
Armondo Pavone, Mayor
AGENDA ITEM # 8. c)
ORDINANCE NO. ________
7
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD‐EHHS:2231:7/12/22
AGENDA ITEM # 8. c)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SUBSECTION 4‐9‐200.J OF THE RENTON MUNICIPAL CODE, SETTING A TIME LIMIT
OF TEN YEARS FOR PHASED MASTER PLANS, AUTHORIZING CORRECTIONS,
PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, pursuant to RCW 36.70A.106, on May 13, 2022, the City notified the State of
Washington of its intent to adopt amendments to its development regulations; and
WHEREAS, the Planning Commission held a public hearing on June 1, 2022, considered all
relevant matters, and heard all parties in support or opposition, and subsequently forwarded a
recommendation to the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits remain in effect and unchanged.
SECTION II. Subsection 4‐9‐200.J of the Renton Municipal Code is amended as follows:
J. EXPIRATION AND EXTENSIONS:
1. Non‐Phased Plans:
a. Master Plans: The Hearing Examiner shall determine, and document
in writing, an appropriate expiration date for the master plan, granting up to five
(5) years. An applicant shall submit a complete site plan application for the
development within the specified time frame if a site plan was not combined with
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
2
the master plan application. The Administrator may grant a one (1) year extension
for good cause.
b. Site Plans: The final approval of a Site Plan shall expire within two
(2) years of the date of approval. A single two (2) year extension may be granted
for good cause by the Administrator. The Administrator may determine at his or
her their discretion that a public hearing before the Hearing Examiner is required
for such extension.
2. Phased Plans:
a. Master Plans: The Administrator may grant master plan approval for
large projects planned to be developed or redeveloped in phases over a period of
years exceeding the five (5) year time limit for non‐phased plans, however the
time limit shall not exceed ten (10) years. Such approval shall include clearly
defined phases and specific time limits for each phase and a determination of
eligibility for any extensions of the time limits.
b. Site Plans: An applicant may submit a site plan application for either
the entire site or a portion of the site covered by a master plan, provided the
application complies with phasing and timing requirements of the master plan
approval. In every case, the site plan application and review shall cover at least
that portion of the site which is directly related to the proposed development as
well as any areas that may be impacted by the development.
SECTION III. Upon approval of the City Attorney, the City Clerk is authorized to direct
the codifier to make necessary corrections to this ordinance, including the corrections of
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
3
scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or
regulations; or ordinance numbering and section/subsection numbering and references. The City
Clerk is further authorized to direct the codifier to update any chapter, section, or subsection
titles in the Renton Municipal Code affected by this ordinance.
SECTION IV. If any section, subsection, sentence, clause, phrase, or word of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase, or word of this ordinance.
SECTION V. This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this
ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2022.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2022.
Armondo Pavone, Mayor
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
4
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD‐CED:2230:7/22/22
AGENDA ITEM # 8. d)