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CITY OF RENTON
AGENDA - City Council Regular Meeting
7:00 PM - Monday, February 24, 2020
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PROCLAMATION
a) Rare Disease Day - February 29, 2020
4. 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 five 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 February 10, 2020.
Council Concur
b) AB - 2582 Community & Economic Development Department recommends executing the
General Fund & Density Fee Affordable Rental Housing Agreement, with the Renton
Housing Authority (RHA), which grants $700,000 ($517,540 from the General Fund and
$182,460 in Density Fee funds) to the RHA to support the 60-unit affordable housing
project called the Sunset Oaks Apartments.
Refer to Finance Committee
c) AB - 2597 Executive Department recommends executing the contract with Washington
Census Alliance in order to receive $21,000 in grant funds to support the City's 2020
Census program.
Council Concur
d) AB - 2596 Human Resources / Risk Management Department recommends establishing a
2020 Salary Commission; and requests confirmation of Mayor Pavone's appointments of
the following individuals to the commission: Kimberly Searing, Julio Amador, Don
Persson, Jeff Kelly, and David Kroeger. Commissioner terms shall expire when the salary
review is complete and a salary schedule has been filed with the City Clerk or until a
determination is made that no salary adjustment is appropriate.
Council Concur
e) AB - 2591 Transportation Systems Division recommends executing an agreement with
King County Metro, in the amount of $126,352, for the purchase of ORCA Business Cards
and ORCA Business Passport products for eligible employees.
Council Concur
f) AB - 2592 Transportation Systems Division recommends executing Local Agency
Agreement Supplement No. 1 to CAG-15-006, contractor Washington State Department
of Transportation, for obligation of $3 million in grant funding, and approval of all
subsequent agreements necessary to accomplish the Rainier Ave S Corridor
Improvements Phase 4 project. City match is $500,000.
Refer to Finance Committee
g) AB - 2594 Utility Systems Division submits the Lift Station and Force Main Improvements
Project Phase 1A, CAG-19-034, contractor Equity Builders, LLC, and requests acceptance
of the project and authority to release retainage in the amount of $48,079.71 after 60
days once all required releases from the State 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) Committee of the Whole: Sunset Latecomer Agreement*
b) Finance Committee: Vouchers; VEBA Insurance Resolution*; Conversion of a Mechanic
Position in Public Works Department
c) Planning & Development Committee: Transit-oriented Development Subarea Plan
8. LEGISLATION
Resolution:
a) Resolution No. 4399: Voluntary Employees' Beneficiary Association (VEBA) Plans (See
Item 7.b)
Ordinances for first reading:
a) Ordinance No. 5961: Sunset Latecomer Agreement (LA-16-001) (See Item 7.a)
b) Ordinance No. 5963: Outdoor Storage: D-156 (Approved via 2/10/2020 Planning &
Development Committee Report)
c) Ordinance No. 5964: Design Requirements for Assisted Living: D-161 (Approved via
9/23/2019 Planning & Development Committee Report)
d) Ordinance No. 5965: CUP Criteria Ordinance D-163 (Approved via 9/23/2019 Planning &
Development Committee Report)
e) Ordinance No. 5966: Open Space Requirements D-168 (Approved via 10/28/2019
Planning & Development Committee Report)
Ordinance for second and final reading:
a) Ordinance No. 5962: Redefining Municipal Art Duties Code Change (First Reading on
2/10/2020)
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)
5:30 p.m. - 7th Floor - Council Chambers
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
0ArmondoPavoneMayorProcCamationW’fiereas,therearenearly7,000diseasesandconditionsconsideredrare,eachaffectingfewerthan200,000AmericansintheUnitedStates,accordingtotheNationalInstitutesofHealth;and‘14/’Iiereas,whileeachofthesediseasesmayaffectsmallnumbersofpeople,rarediseasesasagroupaffectalmost30millionAmericans;andWñereas,whilemorethan450drugsandbiologicshavebeenapprovedforthetreatmentofrarediseasesaccordingtotheFoodandDrugAdministration,millionsofAmericansstillhaverarediseasesforwhichthereisnoapprovedtreatment;andWfiereas,individualsandfamiliesaffectedbyrarediseasesoftenexperiencesignificanthardshipsandimpactssuchasdiagnosisdelay,difficultyfindingamedicalexpert,andlackofaccesstotreatments;andJ4)fiereas,whilethepublicisfamiliarwithsomerarediseases,manypatientsandfamiliesaffectedbylesswidelyknownrarediseasesbearalargeshareoftheburdenoffundingresearchandraisingpublicawarenesstosupportthesearchfortreatments;andWIiereas,theNationalOrganizationforRareDisordersisorganizinganationwideobservanceofRareDiseaseDayonFebruary29,2020,toraiseawarenessamongstthegeneralpublicanddecision-makersaboutrarediseasesandtheirimpactonpatients’lives;Wow,tfierefore,I,ArmondoPavone,MayoroftheCityofRenton,doherebyproclaimFebruary29,2020,tobeRgreDiseaseDayintheCityofRenton,andIencourageallmembersofthecommunitytojoinmeinthisspecialobservation.InwitnesswfiereofIhavehereuntosetmyhandandcausedthesealoftheCityofRentontobeaffixedthis24thdayofFebruary,2020.‘MayorCityofRenton,WashingtonRentonCityHall,7thFloor1055SouthGradyWay,Renton,WA98057.rentonwa.govAGENDA ITEM #3. a)
February 10, 2020 REGULAR COUNCIL MEETING MINUTES
CITY OF RENTON
MINUTES ‐ City Council Regular Meeting
7:00 PM ‐ Monday, February 10, 2020
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:
Ruth Pérez, Council President
Randy Corman, Council Position No. 1
Angelina Benedetti, Council Position No. 2
Valerie O'Halloran, Council Position No. 3
Ryan McIrvin, Council Position No. 4
Ed Prince, Council Position No. 5
Kim‐Khánh Vǎn, Council Position No. 7
Councilmembers Absent:
ADMINISTRATIVE STAFF PRESENT
Armondo Pavone, Mayor
Robert Harrison, Chief Administrative Officer
Leslie Clark, Senior Assistant City Attorney
Jason Seth, City Clerk
Gregg Zimmerman, Public Works Administrator
Kelly Beymer, Community Services Administrator
Deb Needham, Emergency Management Director
Cailín Hunsaker, Parks & Trails Director
Ron Straka, Utility Systems Director
Jennifer Henning, Planning Director
Jillian Edge, Emergency Management Coordinator
Commander Charles Karlewicz, Police Department
AGENDA ITEM #6. a)
February 10, 2020 REGULAR COUNCIL MEETING MINUTES
SWEARING‐IN CEREMONY
COUNCIL POSITION NO. 2 – Angelina Benedetti: Former Councilmember Don Persson
administered the ceremonial oath of office to Angelina Benedetti, Council Position No. 2.
PROCLAMATION
National Black History Month: A proclamation by Mayor Pavone was read declaring the
month of February 2020 to be National Black History Month in the City of Renton,
encouraging all citizens to join in learning more about the rich history of African Americans
during this special observance. The Rev. Dr. Linda Smith and representatives from Sax Hair
Salon and Boon Boona Coffee, accepted the proclamation with thanks.
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL CONCUR IN THE
PROCLAMATION. CARRIED.
ADMINISTRATIVE REPORT
Mayor Pavone invited Deb Needham, Emergency Management Director, to speak about the
recent heavy rains and flooding in Renton. Ms. Needham introduced Community Services
Administrator Kelly Beymer, Utility Systems Director Ron Straka, and Emergency Management
Coordinator Jillian Edge. Mr. Straka provided an overview of the event and displayed charts
depicting the water flow of the Cedar and Green Rivers. Ms. Edge described the City's
response to the event. Ms. Beymer then displayed several photographs of flooding at the
Maplewood Golf Course and damage to the Cedar River Trail. Concluding, Ms. Needham
explained the process required to receive federal and state funding assistance. She also
described how residents and business owners can apply for assistance.
Councilmember Corman expressed appreciation to staff for their quick and professional
response to the event. He also noted that a lot of work had been done in the past which
significantly reduced the impact of this event.
AUDIENCE COMMENTS
David G. Lehman, Kent, stated that he had worked for the Federal Aviation
Administration (FAA) for over 27 years and is currently employed by a business
operating at the Renton Airport. He stated that his opinion was the Renton Airport is
and has been operating safely. He urged Council to encourage the FAA to rescind or
modify its re‐designation of the airport from B‐II to D‐III.
Jason Collins, Renton, spoke on a number of issues including the Renton Library not
providing a copy of City Code, Renton police officers responding to incidents at the
library instead of King County Sheriffs, and paying Airport Advisory Committee
members for their services.
Stephen Ratzlaff, speaking on behalf of the Washington Seaplane Pilots Association,
the Airplane Owners and Pilots Association, and the Renton Airport Tenants Group
summarized a White Paper entitled "Renton Airport and Seaplane Base," which he
had emailed to Council prior to the meeting.
AGENDA ITEM #6. a)
February 10, 2020 REGULAR COUNCIL MEETING MINUTES
CONSENT AGENDA
Items listed on the Consent Agenda were adopted with one motion, following the listing.
a) Approval of Council Meeting minutes of February 3, 2020. Council Concur.
b) AB ‐ 2585 City Clerk submitted the quarterly list of fully executed contracts & leases between
10/1/2019 ‐ 12/31/2019, and a report of agreements expiring between 1/1/2020 –
6/30/2020. None; Information Only.
c) AB ‐ 2587 City Clerk recommended adopting the ordinance finalizing the City‐initiated Sunset
Lane NE Improvement Project latecomer agreement for utility systems and
transportation/street improvements, in the amounts of $464,551.95 for the water portion of
said utility systems construction, $429,868.77 for the sewer portion of said utility systems
construction, and $5,293,871.25 for the transportation/street improvements construction;
and authorize the City Clerk to send the Notice of Final Assessment to the benefiting
properties. Refer to Committee of the Whole.
d) AB ‐ 2589 Community & Economic Development Department requested authorization to
execute Amendment No. 2 to the Real Estate Disposition and Development Agreement with
Cosmos International Corp. in order to extend the terms of the agreement until the earlier of
April 16, 2020 or ten (10) days after it has an opportunity to review final King County Library
System (KCLS) lease terms. Council Concur.
e) AB ‐ 2559 Human Resources / Risk Management Department recommended adopting a
resolution which grants the administration to 1) Establish and adopt the Health
Reimbursement Arrangement (HRA) Plans offered and administered by the VEBA (Voluntary
Employees' Beneficiary Association) Trust for Public Employees in the Northwest; and 2) Make
City contributions to the Plans for the benefit of employees who belong to represented or
unrepresented defined employee groups that have agreed to have benefits contributed in lieu
of amounts employees would otherwise receive in another form of compensation. Refer to
Finance Committee.
f) AB ‐ 2588 Public Works Administration requested authority to purchase an EZ‐Liner Model TS‐
AL500 Truck Mounted Striping Machine, in the amount of $383,105. Funds for the purchase
were included as part of the 2019 Carry Forward budget adjustment. Council Concur.
g) AB ‐ 2586 Public Works Administration requested authority to convert an existing
Maintenance Services Division Lead Vehicle and Equipment Mechanic position (salary grade
a19) to a Vehicle and Equipment Mechanic position (salary grade a15). Refer to Finance
Committee.
MOVED BY PÉREZ, SECONDED BY CORMAN, COUNCIL CONCUR TO APPROVE THE
CONSENT AGENDA, AS PRESENTED. CARRIED.
UNFINISHED BUSINESS
a) Community Services Committee Chair Văn presented a report concurring in the staff
recommendation to confirm Mayor Pavone's appointments of Ms. Christie Randolph (term
expiring 12/31/22) and Ms. Kiley Thornton (term expiring 12/31/20) to the Renton Municipal Arts
Commission.
AGENDA ITEM #6. a)
February 10, 2020 REGULAR COUNCIL MEETING MINUTES
MOVED BY VǍN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
b) Community Services Committee Chair Văn presented a report concurring in the staff
recommendation to approve the ordinance amending Arts Commission regulations in Municipal
Code Title 2, Chapter 8 which aligns the Arts Commission’s regulations with current practice.
MOVED BY VǍN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
c) Transportation Committee Chair McIrvin presented a report concurring in the staff
recommendation to authorize the Mayor and City Clerk to execute the agreement for consulting
services with Aviation Management Consulting Group, in the amount of $78,285, to conduct the
Airport rate study. The Committee further recommended concurrence in the staff
recommendation to approve the related budget adjustment.
MOVED BY MCIRVIN, SECONDED BY CORMAN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
d) Transportation Committee Chair McIrvin presented a report concurring in the staff
recommendation to authorize the Mayor and City Clerk to execute the Cooperative Service
Agreement with the United States Department of Agriculture and Animal and Plant Health
Inspection Service Wildlife Service for $245,501.23 for wildlife hazard mitigation services at the
Airport.
MOVED BY MCIRVIN, SECONDED BY CORMAN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
e) Finance Committee Chair Prince presented a report concurring in the staff recommendation to
approve the following payments:
1. Accounts Payable – total payment of $6,287,171.92 for vouchers, 10115‐10116, 12820,
380727‐380731, 380744‐381014, 192075891 payroll benefit withholding vouchers 6194,
6196‐6198, 6200‐6201, 6203‐6204, 6206, 6209, 380732‐380743 and five wire transfers.
2. Payroll – total payment of $1,502,723.95 for payroll vouchers which includes 660 direct
deposits and 9 checks (01/01/20‐01/15/20 pay period).
1. 3. Municipal Court – total payment of $16,158.30 for vouchers 017590‐017623.
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
f) Finance Committee Chair Prince presented a report concurring in the staff recommendation to
approve the Finance Division reorganization and reclass of the Financial Services Manager and
Supervisor positions. The estimated net cost for the change for 2020 is $106,430 including full
benefits for the addition of the FTE Payroll Analyst. The Financial Services Manager and
Supervisor position will be budget neutral.
MOVED BY PRINCE, SECONDED BY VǍN, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
g) Finance Committee Chair Prince presented a report concurring in the staff recommendation to
authorize hiring full time positions in the Community Services Department as proposed: Six (6)
positions in the Facilities division and eight (8) positions in the Parks and Trails division with
salary/wages from General Fund, and three (3) positions for Maplewood Golf Course with
AGENDA ITEM #6. a)
February 10, 2020 REGULAR COUNCIL MEETING MINUTES
salary/wages from their Enterprise Fund, in addition, to authorize revised fee schedule for
Maplewood Golf Course.
The Fiscal Impact Summary is as follows:
General Fund ‐
Facilities Custodian FTE (6) at (a01/step C) ‐ request ‐ $553,731
Parks and Trails FTE request (2) a04/step C, (6) a03/step C ‐ $579,900
The above request from both Facilities and Parks and Trails divisions include a reduction of
Supplemental staffing costs in the amount of $248,100.
Total: $1,133,631
In addition, to help offset the staffing cost request, Community Services will eliminate the 1 FTE ‐
Deputy Administrator position that was approved for 2020 hiring. ($191,840)
Net Total Impact to the General Fund ‐ $941,791
Enterprise Fund ‐
Maplewood Golf Course FTE request
(2) a04/step C ‐ $144,076
(1) a01/step C ‐ $66,898
Total: $210,974
To help offset the staffing costs, $90,367 of savings in Supplemental wages will reduce the full
impact to the Enterprise Fund to $120,607.
A budget adjustment will be included with the first quarter of 2020 adjustments.
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
h) Planning & Development Committee Chair Corman presented a report concurring in the staff
recommendation to confirm Mayor Pavone's appointments of Ms. Bayan (term expiring
1/31/23), Ms. Kannur (term expiring 1/31/23), and Ms. Rochex (term expiring 6/30/20) to the
Planning Commission.
MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
i) Planning & Development Committee Chair Corman presented a report concurring in the staff
recommendation to adopt the 2019 Title IV Docket #14 item listed below. Additionally, the
Planning and Development Committee recommended that the ordinance for this item be
presented for first reading.
• #D‐156: Outdoor Storage
MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
AGENDA ITEM #6. a)
February 10, 2020 REGULAR COUNCIL MEETING MINUTES
LEGISLATION
Ordinance for first reading:
a) Ordinance No. 5962: An ordinance was read amending Title II, Subsection 8‐6.A of the Renton
Municipal Code, by refining duties of the Renton Municipal Arts Commission (the
"Commission") and the Community and Economic Development Department related to the
City Art Collection, approving Commission bylaws, providing for severability, and establishing
an effective date.
MOVED BY VǍN, SECONDED BY MCIRVIN, COUNCIL REFER THE ORDINANCE FOR
SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
NEW BUSINESS
Please see the attached Council Committee Meeting Calendar.
ADJOURNMENT
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED.
TIME: 7:50 P.M.
Jason A. Seth, MMC, City Clerk
Jason Seth, Recorder
10 Feb 2020
AGENDA ITEM #6. a)
Council Committee Meeting Calendar
February 10, 2020
February 17, 2020
Monday
NO MEETINGS PRESIDENTS DAY – COUNCIL HOLIDAY
February 24, 2020
Monday
3:30 PM Finance Committee, Chair Prince – Council Conference Room
1. VEBA Insurance Resolution
2. Conversion of a Mechanic Position in Public Works Department
3. Vouchers
4. Emerging Issues in Finance
4:30 PM Planning & Development Committee, Chair Corman – Council Conference Room
1. 2020 CED Work Program
2. Transit-oriented Development Subarea Plan
3. Affordable Housing
4. Emerging Issues in CED
5:30 PM Committee of the Whole, Chair Pérez – Council Chambers
1. Sunset Latecomer Agreement
2. Equity and Inclusion Update
3. Census 2020
4. Emerging Issues
AGENDA ITEM #6. a)
AB - 2582
City Council Regular Meeting - 24 Feb 2020
SUBJECT/TITLE: Agreement for Grant Awards to Renton Housing Authority for Sunset
Oaks Affordable Rental Housing Project
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Community & Economic Development Department
STAFF CONTACT: Mark Santos-Johnson, Community Development and Housing Manager
EXT.: 6584
FISCAL IMPACT SUMMARY:
A $517,540 grant from the General Fund funds (approved on 11/25/19) and a $182,460 Density Fee grant
award (approved on 11/25/19) to Renton Housing Authority for the 60-unit Sunset Oaks affordable rental
housing project. A 2020 first quarter budget amendment will be necessary prior to payment.
SUMMARY OF ACTION:
The City of Renton has been working with the Renton Housing Authority (RHA) the past two years to help
secure funding for the agency's next pipeline project, the 60 -unit Sunset Oaks affordable rental housing
project.
The proposed project is located on the 1.05-acre "node" parcel across the street from the Sunset
Neighborhood Park and between Glennwood Avenue NE and Harrington Avenue NE. The 60 -unit project will
contain five studio apartments, 44 one-bedroom apartments, and 11 two-bedroom apartments. The project
will utilize income-averaging and consist of 23 units set aside at 40 percent of the Area Median Income (AMI),
17 units set aside at 60 percent AMI, and 20 units set aside at 80 percent AMI.
On November 25, 2019, the Council approved a $700,000 grant - $517,540 grant from the General Fund and
$182,460 in Density Fee funds to help support the development and construction of the Sunset Oaks
Apartments. The attached General Fund & Density Fee Affordable Rental Housing Agreement includes the
terms and conditions for the award, along with a detailed scope of work for the organization's use of the
funds.
The Sunset Oaks project is RHA's fourth replacement housing project for the former Sunset Terrace public
housing project. The project is an integral part of the Sunset Terrace Redevelopment, the Sunset Area
Community Revitalization, and the Sunset Area Transformation Plan and supports the City's 2020 - 2025
Business Plan goal to "encourage and partner in the development of quality housing choices for peop le of all
ages and income levels."
EXHIBITS:
A. Issue Paper
B. Sunset Oaks preliminary site plan, rendering & building elevations
C. General Fund & Density Fee Affordable Rental Housing Agreement
STAFF RECOMMENDATION:
AGENDA ITEM #6. b)
Staff recommends Council: (1) approve the General Fund & Density Fee Affordable Rental Housing Agreement
with Renton Housing Authority for the Sunset Oaks Apartments; and (2) authorize the Mayor to execute said
agreement in substantially the same form.
AGENDA ITEM #6. b)
DEPARTMENT OF COMMUNITY
& ECONOMIC DEVELOPMENT
M E M O R A N D U M
DATE: January 24th, 2020
TO: Ruth Perez, Council President
Members of Renton City Council
VIA: Armondo Pavone, Mayor
FROM: C.E. “Chip” Vincent, CED Administrator x6588
STAFF CONTACT: Mark Santos-Johnson, Community Development and Housing
Manager x6584
SUBJECT: Agreement for Grant Awards to Renton Housing Authority
for Sunset Oaks Affordable Rental Housing Project
ISSUE:
Should Council approve an agreement with Renton Housing Authority (RHA) for the
$517,540 General Fund grant award and the $182,460 Density Fee grant award for
Sunset Oaks, a new 60-unit affordable rental housing development project in the Sunset
Area?
RECOMMENDATION:
Staff recommends Council: (1) approve the General Fund & Density Fee Affordable
Rental Housing Agreement with RHA for the Sunset Oaks project; and (2) authorize the
Mayor to execute said agreement in substantially the same form.
BACKGROUND SUMMARY:
The City of Renton has been working with the Renton Housing Authority (RHA) the past
two years to help secure funding for the agency's next pipeline project, the 60 -unit
Sunset Oaks affordable rental housing project. The project is an integral part of the
Sunset Terrace Redevelopment, the Sunset Area Community Revitalization, and the
Sunset Area Transformation Plan and will provide much -needed additional affordable
rental housing in Renton.
The proposed project is located on the 1.05-acre "node" parcel across the street from
the Sunset Neighborhood Park and between Glennwood Avenue NE and Harrington
Avenue NE. The subject property is located in Center Village (CV) zoning designation and
is also a component of the Sunset Terrace Redevelopment Master Site Plan that was
approved in 2015.
AGENDA ITEM #6. b)
Ruth Perez, Council President
Page 2 of 3
January 6, 2020
The project will consist of three three-story buildings with a total of 47,762 square feet.
The 60-unit project will contain five studio apartments, 44 one-bedroom apartments,
and 11 two-bedroom apartments.
The project will utilize income-averaging and consist of 23 units set aside at 40 percent
of the Area Median Income (AMI), 17 units set aside at 60 percent AMI, and 20 units set
aside at 80 percent AMI. As a project funded by the federal low-income housing tax
credit (LIHTC) program, income averaging is permitted provided all units are affordable
for households with income at or below eighty percent (80%) of median income and the
average rent for all housing units does not exceed the rate affordable for households
with income at or below sixty percent (60%) of median income.
On November 25, 2019, the Council approved a $700,000 grant, including $517,540
from the General Fund and $182,460 in Density Fee funds, to help support the
development and construction of the Sunset Oaks Apartments. Additional funding for
the $25.3 million project includes $9.4 million in low-income housing tax credit (LIHTC)
equity, $5.9 million in private-placement tax exempt bonds, $5 million from the King
County Housing Opportunity Fund, and $4.3 million in equity from RHA.
Third Place Design Co-Op (the architect for Homestead Community Land Trust’s
Willowcrest affordable homeownership townhomes project in the Sunset Area) is the
Sunset Oaks project architect and Charter Construction, Inc., is the general
contractor/construction manager.
The project is currently going through the City’s land -use approval process. RHA plans to
start construction in Spring 2020 and for construction to be completed in Summer 2021
with 100 percent occupancy by December 2021.
The Sunset Oaks project is RHA’s fourth new affordable housing project in the Sunset
Area as part of the Sunset Terrace Redevelopment, Sunset Area Community
Revitalization, and/or Sunset Area Transformation Plan. RHA’s recent prior affordable
housing projects include: (1) the new 8-unit Glennwood Townhomes completed in 2012;
the new 18-unit Kirkland Avenue Townhomes completed in 2014; and the new 50 -unit
Sunset Court Apartments completed in 2018.
In 2009 the Council adopted the Sunset Area Community Investment Strategy. The
highest priority strategy was to support RHA’s redevelopment of the Sunset Terrace
public housing project. As part of the redevelopment, RHA committed to build at least
100 replacement housing units – and provide relocation assistance and the right of first
refusal for former Sunset Terrace public housing residents to occupy the new
replacement housing units. The Sunset Oaks project is RHA’s fourth replacement
housing project for the former Sunset Terrace public housing project.
AGENDA ITEM #6. b)
Ruth Perez, Council President
Page 3 of 3
January 6, 2020
CONCLUSION:
The $700,000 grant to RHA for the Sunset Oaks project will allow the agency to move
forward with construction of the affordable housing p roject in Spring 2020 and to make
60 units of affordable rental housing available by the close of 2021.
The project is an integral part of the Sunset Terrace Redevelopment, the Sunset Area
Community Revitalization, and the Sunset Area Transformation Plan and supports the
City’s 2020 – 2025 Business Plan goal to “encourage and partner in the development of
quality housing choices for people of all ages and income levels.”
cc: Bob Harrison, CAO
Jason Seth, City Clerk
Jan Hawn, ASD Administrator
Cliff Long, Economic Development Director
Hannah Bahnmiller, Housing Programs Manager
Attachments:
Sunset Oaks preliminary site plan, rendering & building elevations
General Fund & Density Fee Affordable Rental Housing Agreement
AGENDA ITEM #6. b)
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AGENDA ITEM #6. b)
Community and Economic Development Department
CITY OF RENTON
GENERAL FUND & DENSITY FEE AFFORDABLE RENTAL HOUSING AGREEMENT
This General Fund and Density Fee Affordable Housing Agreement (“Agreement”) is dated
this ____ day of ______, 2020. The parties (“Parties”) to this agreement are the City of
Renton, a non-charter code city under RCW 35A, a municipal corporation of the State of
Washington, hereinafter referred to as “Renton” and Renton Housing Authority, a public
corporation of the State of Washington , hereinafter referred to as “RHA”. Collectively,
Renton and RHA are the “Parties.”
WITNESSETH:
WHEREAS Renton has provided General Fund and Density Fee funds to help support certain
projects that serve low and/or moderate income households and/or special-needs
populations; and
WHEREAS RHA’s Sunset Oaks project is a new construction project which will help increase
the available supply of affordable housing in Renton; and
WHEREAS the project is funded by the federal low-income housing tax credit (LIHTC)
program and will offer rental housing opportunities to households earning no more than
80% of the King County median income as established by the U.S. Department of Housing
and Urban Development (HUD), given the average rent for all housing units will not exceed
the rate affordable for households with income at or below sixty percent (60%) of median
income;
WHEREAS Renton intends to provide this assistance pursuant to the authority granted by
RCW 35.21.685.
NOW, THEREFORE, in consideration of the mutual benefits and covenants herein referred
to, and incorporating the language above in this Agreement, it is hereby agreed by and
between the Parties as follows:
1. Project Summary: In an effort to help offer more rental housing opportunities to
qualifying households, the Parties agree that RHA shall use the Renton General Fund
and Density Fee funds described in Section 4 of this Agreement to help provide sixty
(60) units of affordable rental housing to households earning no more than 80% of the
King County median income, where the average rent for all housing units does not
exceed the rate affordable for households with income at or below sixty percent (60%)
of median income. Project Exhibit A, “Scope of Work,” is attached hereto and
incorporated herein by this reference.
AGENDA ITEM #6. b)
General Fund and Density Fee Affordable Rental Housing Agreement Page 2 of 8
Sunset Oaks
2. Term. The Term of this Agreement shall be in effect as of the date of execution of this
Agreement or March 1, 2020, whichever is later, and terminate no later than March 1,
2023, or three years from the date of execution of the Agreement, whichever is later,
unless extended to a later date by written agreement of both Parties.
3. Termination. Prior to the expiration of the Term, this Agreement may be terminated
or suspended immediately, with or without cause, upon written notice by Renton. RHA
may cancel this Agreement only upon thirty (30) days’ written notice to Renton. In the
event Renton terminates or suspends this Agreement, RHA will be entitled to receive
compensation for any approved costs incurred prior to the effective date of such
termination or suspension. The determination of the amount of any compensation to
be paid shall be made by the Administrator of the Community and Economic
Development Department, or any other City office, department or agency that shall
succeed to its functions with respect to this Agreement, or his or her authorized
designee. In the event of a dispute over the amount of compensation, the dispute shall
be resolved by the City’s Chief Administrative Officer and RHA's Executive Director.
4. Compensation. The total amount of funds pursuant to this Agreement shall not exceed
Seven Hundred Thousand Dollars ($700,000), including Five Hundred Seventeen
Thousand Five Hundred Forty ($517,540) in General Fund funds and One Hundred
Eighty-Two Thousand Four Hundred Sixty Dollars ($182,460) in Density Fee funds.
Subject to the additional requirements set forth in Exhibit A, d isbursement will be made
no later than forty-five (45) days after receipt of the letter requesting disbursement
subject to the letter or documentation prerequisites noted in the Agreement. If Renton
objects to any portion of the letter or documentation, it shall notify RHA. Renton
reserves the option to disburse only that portion of funds that is consistent and not in
dispute concerning RHA letter, documentation or performance prerequisites. In that
event, the Parties will immediately make every effort to settle any disputed portion or
portions.
RHA may lend the funds provided by Renton to a limited partnership of which RHA is
the sole general partner so long as the limited partnership uses the fund s for the
purposes described in Exhibit A and in compliance with the terms of this Agreement.
5. Independent Contractor. RHA and Renton agree that RHA is an independent contractor
with respect to the services provided pursuant to this Agreement. Nothing in this
Agreement shall be considered to create, and it is not the intent of the Parties to create,
an employer-employee relationship between the Parties hereto. Neither RHA nor any
employee or volunteer of RHA shall be entitled to any benefits or rights given to Renton
employees by virtue of the services provided under this Agreement. Renton shall not
be responsible for withholding or otherwise deducting federal income tax or Social
Security or contributing to the State Industrial Insurance Program, or otherwise
AGENDA ITEM #6. b)
General Fund and Density Fee Affordable Rental Housing Agreement Page 3 of 8
Sunset Oaks
assuming the duties of an employer with respect to RHA, or any employee or volunteer
of RHA. Industrial or any other insurance that is purchased for the benefit of Renton,
regardless of whether such may provide a secondary or incidental benefit to RHA, shall
not be deemed to convert this Agreement to an employment contract.
6. Agency Indemnification. RHA represents to Renton that it has or will have adequate
supervision for those participating in the project and that all applicable rules,
regulations, statutes and ordinances will be complied with in their entirety. RHA agrees
to indemnify, hold and defend Renton, its elected officials, officers, employees, agents
and volunteers harmless from any and all claims, demands, losses, actions , violations
and liabilities (including costs and all attorney’s fees) to or by any and all persons or
entities, including without limitation, their respective agents, licensees or
representatives, arising from, resulting from, or connected with the Agreement to the
extent caused by the negligent acts, errors or omissions of RHA, its partners,
shareholders, agents, employees, or by RHA’s breach of this Agreement. RHA waives
any immunity that may be granted to it under the Washington State Industrial
Insurance Act, Title 51 RCW. RHA’s indemnification shall not be limited in any way by
any limitation of the amount of damages, compensation or benefits payable to or by
any third-party under workers’ compensation acts, disability benefit acts or any other
benefits acts or federal, state or municipal benefits programs.
7. Discrimination Prohibited. In all of RHA’s services, programs, or activities, and all of
RHA’s hiring and employment made possible by or resulting from this Agreement there
shall be no discrimination by RHA or by RHA’s employees, agents, subcontractors,
volunteers or representatives against any person because of age (except minimum age
and retirement provisions), sex, marital status, sexual orientation, race, creed, color,
national origin, honorably discharged veteran or military status, or the presence of any
sensory, mental, or physical disability, unless based upon a bona fide occupational
qualification in relationship to hiring and employment. Any material violation of this
provision shall be grounds for Renton to immediately terminate this Agreement.
8. Hold Harmless. Contractor shall indemnify, defend and hold harmless Renton, its
elected officials, officers, agents, employees and volunteers, from and against any and
all claims, losses or liability, or any portion of the same, including but not limited to
reasonable attorneys’ fees, legal expenses and litigation costs, arising from injury or
death to persons, including injuries, sickness, disease or death of Contractor’s own
employees, agents and volunteers, or damage to property caused by Contractor’s
negligent act or omission, except for those acts caused by or resulting from a negligent
act or omission by Renton and its officers, agents, employees and volunteers.
Should a court of competent jurisdiction determine that this agreement is subject to
RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence
relative to construction, alteration, improvement, etc., of structure or improvement
attached to real estate…) then, in the event of liability for damages arising out of bodily
AGENDA ITEM #6. b)
General Fund and Density Fee Affordable Rental Housing Agreement Page 4 of 8
Sunset Oaks
injury to persons or damages to property caused by or resulting from the concurrent
negligence of the contractor and Renton, its officers, officials, employees and
volunteers, Contractor’s liability shall be only to the extent of Contractor’s negligence.
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Contractor’s waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
9. Insurance. RHA shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise
from or in connection with performance of the work hereunder by RHA, their agents,
representatives, employees or subcontractors.
No Limitation: The maintenance of insurance by RHA, as required by this Agreement,
shall not be construed to limit the liability of RHA to the coverage provided by such
insurance, or otherwise limit Renton’s recourse to any rem edy available at law or in
equity.
RHA shall secure and maintain:
a. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
b. Professional liability insurance, in the minimum amount of $1,000,000 for each
occurrence, shall also be secured for any professional services being provided to
Renton that are excluded in the commercial general liability insurance.
c. Automobile Liability insurance: With a minimum combined single limit for bodily
injury and property damage of $1,000,000 for each accident. This is required of all
RHA and professional service providers where a vehicle will be used on the contract.
Renton may request a copy of Consultant’ driving record abstract.
d. Workers’ compensation coverage, as required by the Industrial Insurance laws of
the State of Washington, shall also be secured.
e. It is agreed that on RHA’s commercial general liability policy, the City of Renton will
be named as an Additional Insured on a non-contributory primary basis. Renton’s
insurance policies shall not be a source for payment of any RHA Contractor liability.
f. Subject to Renton’s review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to Renton before executing the work of
this Agreement.
AGENDA ITEM #6. b)
General Fund and Density Fee Affordable Rental Housing Agreement Page 5 of 8
Sunset Oaks
g. RHA shall provide Renton with written notice of any policy cancellation, within two
(2) business days of their receipt of such notice.
h. Termination: Notwithstanding any other provision of this Agreement, the failure of
Consultant to comply with the above provisions of this section shall subject this
Agreement to immediate termination without notice to any person in order to
protect the public interest.
i. Subcontractors. RHA shall ensure that each subcontractor of every tier obtain at a
minimum the same insurance coverage and limits as stated herein for RHA.
10. Subcontracts and Purchases.
Subcontract Defined. “Subcontract” shall mean any agreement between RHA and a
subcontractor or between subcontractors that is based on this Agreement, provided
that the term “subcontract” does not include the purchase of support services not
related to the subject matter of this Agreement, or supplies.
Writing Required: Any work or services assigned or subcontracted hereunder shall be
in writing. RHA agrees that it is as fully responsible to Renton for the acts and omissions
of its subcontractors and their employees and agents, as it is for the acts and omissions
of its own employees and agents.
11. Debarred Contractors: RHA shall not make any award to any contractor, which is
debarred, suspended or excluded from participation in federal assistance programs
under Executive Order 12549, entitled “Debarment and Suspension.” The contractor
shall certify that neither the contractor nor any member of the contractor’s
development team is debarred, suspended or otherwise ineligible to participate in
Federal Assistance programs under Executive Order 12549.
12. No Benefit to Owners and Developers of Assisted Housing: No agency, developer or
sponsor (or officer, employee, agent or consultant of the owner, developer or sponsor)
whether private, for profit or nonprofit [including a community housing development
organization (CHDO) when acting as an owner, developer or sponsor] may apply for or
obtain assisted housing in the project unless agreed to in advance in writing by the
Administrator of the Community and Economic Development Department, or any other
City office, department or agency that shall succeed to its functions with respect to this
Agreement, or his or her authorized designee. Nothing in this provision should be
interpreted to preclude a Renton officer, employee, agent or consultant from applying
for or obtaining assisted housing under this agreement, so long as the person is not an
officer, employee, agent, consultant, contractor or subcontractor of RHA.
13. General Provisions.
AGENDA ITEM #6. b)
General Fund and Density Fee Affordable Rental Housing Agreement Page 6 of 8
Sunset Oaks
a. Entire Agreement. This Agreement contains all of the agreements of the Parties
with respect to any matter covered or mentioned in this Agreement and no prior
agreements shall be effective for any purpose.
b. Modification. No provision of this Agreement may be amended or modified
except by written agreement signed by the Parties.
c. Full Force and Effect. Any provision of this Agreement which is declared invalid
or illegal shall in no way affect or invalidate any other provision hereof and such
other provisions shall remain in full force and effect.
d. Assignment. Neither RHA nor Renton shall have the right to transfer or assign,
in whole or in part, any or all of its obligations and rights hereunder without the
prior written consent of the other Party.
e. Successors in Interest. Subject to the foregoing subsection, the rights and
obligations of the Parties shall inure to the benefit of and may be binding upon
their respective successors in interest, heirs, and assigns.
f. No Waiver. Failure or delay of Renton to declare any breach or default
immediately upon occurrence shall not waive such breach or default. Failure of
Renton to declare one breach or default does not act as a waiver of Renton’s
right to declare another breach or default.
g. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
h. Authority. Each individual executing this Agreement on behalf of Renton and
RHA represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of RHA or Renton.
i. Notices. Any notices required to be given by the Parties shall be delivered at
the addresses set forth below. Any notices may be delivered personally to the
addressee of the notice or may be deposited in the United States mail, postage
prepaid, to the address set forth below. Any notice so posted in the United
States mail shall be deemed received three (3) days after the date of mailing.
Written notice sent to Renton should be addressed as follows:
Chip Vincent, Administrator
City of Renton, Community & Economic Development Department
1055 South Grady Way
Renton, WA 98057-3232
Written notice sent to RHA should be addressed as follows:
AGENDA ITEM #6. b)
General Fund and Density Fee Affordable Rental Housing Agreement Page 7 of 8
Sunset Oaks
Mark Gropper, Executive Director
Renton Housing Authority
2900 NE 10th St
Renton, WA 98056
j. Captions. The respective captions of the Sections of this Agreement are inserted
for convenience of reference only and shall not be deemed to modify or
otherwise affect any of the provisions of this Agreement.
k. Performance. Time is of the essence of this Agreement and each and all of its
provisions in which performance is a factor. Adherence to the completion dates
set forth in the description of the Services is essential to RHA’s performance of
this Agreement.
l. Remedies Cumulative. Any remedies provided for under the terms of this
Agreement are not intended to be exclusive, but shall be cumulative with all
other remedies available to Renton at law, in equity, or by statues.
m. Counterparts. This Agreement may be executed in any number of counterparts,
which counterparts shall collectively constitute the entire Agreement.
n. Attorney Fees. In the event either of the Parties defaults on the performance
of any terms of this Agreement or either Party places the enforcement of this
Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay
all its own attorneys’ fees, costs and expenses.
o. Venue. The venue for any dispute related to this Agreement shall be Maleng
Regional Justice Center, Kent, King County, Washington.
AGENDA ITEM #6. b)
General Fund and Density Fee Affordable Rental Housing Agreement Page 8 of 8
Sunset Oaks
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed the day
and year set forth above.
CITY OF RENTON
By:__________________________
RENTON HOUSING AUTHORITY
By:_________________________
Armondo Pavone
Mayor
Signature
____________________________
Name (print)
____________________________
Title
_____________________________
Date
____________________________
Date
Attest
____________________________
Jason A. Seth
City Clerk
Approved as to Legal Form
By: _________________________
Shane Moloney
City Attorney
AGENDA ITEM #6. b)
General Fund and Density Fee Affordable Rental Housing Agreement – Exhibit A – Sunset Oaks Page 1 of 4
CITY OF RENTON
GENERAL FUND & DENSITY FEE AFFORDABLE RENTAL HOUSING AGREEMENT
PROJECT EXHIBIT A
SCOPE OF WORK
Project Title: Sunset Oaks Start Date:
3/1/20201
End Date:
3/1/2023
City Contact: Mark Santos-Johnson, Economic Development Manager
Telephone: (425) 430-6584
Fax: (425) 430-7300
E-mail: msantosjohnson@rentonwa.gov
RHA Contact: Mark Gropper, Executive Director
Telephone: 425-226-1850 x 223
E-mail: mrg@rentonhousing.org
1) Work Statement
Renton Housing Authority (hereinafter referred to as “RHA”) shall utilize General Fund funds and
Density Fee funds to perform the activities specified below. Such services shall be provided in a
manner that fully complies with all applicable federal, state and local laws, statutes, ordinances,
rules and regulations, as are now in effect or may be hereafter amended.
2) Project Description
The Sunset Oaks project includes sixty (60) new apartment units in three (3) buildings. Five (5)
of the units are studio units, forty-four (44) units are one-bedroom units, and eleven (11) units
are two-bedroom units. The project will utilize income-averaging and consist of 23 units set aside
at 40 percent of the Area Median Income (AMI), 17 units set aside at 60 percent AMI, and 20
units set aside at 80 percent AMI. RHA shall use Renton General Fund and Density Fee funds to
help design, develop, construct, and provide, for a minimum period of thirty (30) years,
affordable rental housing opportunities for the sixty (60) units. As a project funded by the federal
low-income housing tax credit (LIHTC) program, income averaging is permitted provided all units
are affordable for households with income at or below eighty percent (80%) of median income,
given the average rent for all housing units does not exceed the rate affordable for households
with income at or below sixty percent (60%) of median income. All City funds will be used to help
pay for construction costs of the apartment buildings as noted below.
The project is located on the 1.05-acre “node” parcel across the street from the Sunset
Neighborhood Park and between Glennwood Avenue NE and Harrington Avenue NE. The legal
description for the property is:
PARCEL A
1 See paragraph 2 of the Agreement for additional details regarding the Term of the Agreement.
AGENDA ITEM #6. b)
General Fund and Density Fee Affordable Rental Housing Agreement – Exhibit A – Sunset Oaks Page 2 of 4
Parcel 5 of City of Renton Lot Line Adjustment No. LUA16-000132, recorded under
recording no. 20160603900008, in King County, Washington;
PARCEL B
Lots 6 and 11, Block 41, Corrected Plat of Renton Highlands No. 2, according to the plat
thereof recorded
in Volume 57 of Plats, Pages 92 through 96, inclusive, in King County, Washington.
Situate in the County of King, State of Washington
3) Compensation and Method of Payment
RHA shall apply the General Fund and Density Fee funds to the project in accordance with the
Line Item Budgets below. The total amount of the funds pursuant to this Exhibit shall not exceed
Seven Hundred Thousand Dollars ($700,000).
A. General Fund Funds
City of Renton Funds $517,540
Line Item Budget
Personnel Services (detail below) $
Office or Operating Supplies $
Architectural & Engineering $517,540
Construction Contracts $
Communications $
Travel and Training $
Other (specify below): $
Total $
B. Density Fee Funds
City of Renton Funds $182,460
Line Item Budget
Personnel Services (detail below) $
Office or Operating Supplies $
Architectural & Engineering S182,460
Construction Contracts $
Communications $
Travel and Training $
Other (specify below): $
Total $
C. Invoicing
AGENDA ITEM #6. b)
General Fund and Density Fee Affordable Rental Housing Agreement – Exhibit A – Sunset Oaks Page 3 of 4
Criteria for Compensation. RHA may request up to $517,540 of the General Fund funds and up
to $182,460 of the Density Fee funds upon submittal of the inspection record demonstrating
the concrete footings of all buildings have passed final inspection.
Method of Payment. RHA will submit a letter requesting General Fund and/or Density Fee funds,
including copies of supporting documents, such as an architect and/or engineer’s invoice, to:
Mark Santos-Johnson, Economic Development Manager
City of Renton, Department of Community & Economic Development
1055 S. Grady Way, 6th Floor
Renton, WA 98057
Promise to Repay: Funding is contingent upon RHA obtaining a Certificate of Occupancy by
March 1, 20232, and ensuring that for a minimum period of thirty (30) years, the sixty (60) units
remain as affordable to households with income at or below eighty percent (80%) of median
income, and the average rent for all housing units does not exceed the rate affordable for
households with income at or below sixty percent (60%) of median income. RHA will provide a
copy of the Certificate of Occupancy for the apartment buildings to the City of Renton to “close
out” the contract. If the Certificate of Occupancy is not obtained by the deadline, or affordable
rental opportunities are not restricted to households at eighty percent (80%) of King County
median income or below, or the average rent for all housing units exceeds the rate affordable
for households with income at or below sixty percent (60%) of median income , or the units are
not used as affordable housing for a minimum period of thirty (30) years, RHA agrees to repay
the entire Seven Hundred Thousand Dollars ($700,000), with interest (unless otherwise waived
by the Renton City Council), upon receipt of repayment request by the City of Renton. The thirty-
year repayment provision related to affordable rental housing affordability shall survive the Term
of this Agreement. In the event of repayment, the Seven Hundred Thousand Dollars ($700,000)
shall bear interest at the rate of twelve percent (12%) per annum from the date of the execution
of the Agreement. The repayment of the Seven Hundred Thousand Dollars ($700,000) with
interest shall not excuse or cure any default by RHA under the Agreement. If the interest rate
specified in this Exhibit A is higher than the rate then permitted by law, the interest rate shall be
decreased to the maximum legal interest rate then permitted by law.
4) Records
2 See paragraph 2 of the Agreement for additional details regarding the Term of the Agreement.
AGENDA ITEM #6. b)
General Fund and Density Fee Affordable Rental Housing Agreement – Exhibit A – Sunset Oaks Page 4 of 4
A. Project Files
RHA shall maintain files for this project containing the following items:
1. Notice of Grant Award.
2. Motions, resolutions, or minutes documenting Board or Council actions.
3. A copy of this Scope of Work.
4. Correspondence regarding budget revision requests.
5. Copies of all invoices and reports submitted to the City of Renton for this project.
6. Bills for payment.
7. Copies of approved invoices and warrants.
AGENDA ITEM #6. b)
AB - 2597
City Council Regular Meeting - 24 Feb 2020
SUBJECT/TITLE: 2020 Census Washington Census Alliance Grant
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Executive Department
STAFF CONTACT: Preeti Shridhar, Deputy Public Affairs Administrator
EXT.: 6569
FISCAL IMPACT SUMMARY:
Amount budgeted: N/A
Revenue generated: $21,000
SUMMARY OF ACTION:
Renton was one of the most undercounted cities during the last 2010 census. It is vital for the city to receive a complete
and accurate count for the 2020 Census because the results impact our community and determine the allocation of
millions of dollars. The challenges are very high given the growing population and the diversity of our city. The 2020
Census Washington Census Alliance grant of $21,000 provides supplemental funding for the city’s plan to do outreach to
historically undercounted populations and increase 2020 Census participation. Our strategy for the use of the grant
funds includes:
• Support for administrative fees to hire trusted messengers
• Census marketing through social media and ethnic community media
• Comprehensive outreach, education and awareness including resources for organizing public meetings and
events, plus setting up Questionnaire Assistance Centers
Council approval of the grant is necessary in order for current eligible expenditures to be charged to the grant. Without
Council approval those expenditures, which were not planned under the city budget, would become ineligible for grant
reimbursement and would have to be absorbed by the city.
The Finance Committee was given a briefing on the grant as part of emerging issues. The city is not required to match
the grant amount.
EXHIBITS:
A. Washington Census Alliance Grant Agreement
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to sign the contract between Washington Census Alliance and City of
Renton.
AGENDA ITEM #6. c)
1
Introduction
Latino Community Fund, in its role as the fiscal sponsor of the Washington Census Alliance,
(“Grantor”) presents this award to the City of Renton (“Grantee”) for the explicit purpose(s)
described below and is subject to your acceptance of the following agreement and provisions.
This form must be signed and returned prior to any funds being distributed.
Grantee (or project of Grantee): City of Renton
Employer Identification Number (EIN): 91-6001271
Amount of Grant: $21,000
Grant Term: February 1, 2020 – July 30, 2020
Reports Due: March 16, 2020 (interim); June 15, 2020 (Final)
The Grantee agrees to the following conditions:
1. Purpose
Administer the Trusted Messenger program designed by the City of Renton, and generate
deliverables (as described in Table 1), on the timeline of this agreement.
2. Grant Acknowledgment
From time to time, the Grantor may issue press releases, social media announcements, and
other communications to describe the grantees and grants made related to the Washington
Census Alliance. Grantees are also encouraged to make public announcements on their own,
especially when such notices might stimulate additional support or help spread the word about
census-related efforts. Communications about the funding should be announced as a grant from
the Washington Census Alliance.
3. Expenditure of Funds
This grant is to be used only for the purpose described in the approved application and during
the grant term specified in this agreement. If changes or amendments to the grant term are
needed, please submit a request to kamau@wacensusalliance.org.
The Grantee agrees to adhere to the following restrictions on expenditures and spending related
to the grant:
A. The Grantor will pay the Grantee upon acceptance of service provided. No payment in
advance or in anticipation of services or activities to be provided under this contract shall
be made by the Grantor.
B. The Grantor agrees to use $4,000 of the reimbursable funds for Administrative Fees to
pay trusted messengers. The Grantee further agrees to take all responsibility for
creating, overseeing, and implementing payments for their trusted messengers.
C. The Grantee agrees to use $16,000 of the reimbursable funds towards materials and
other expenses related to community education and engagement sessions.
D. No funds may be used for any political campaign, or otherwise attempt to influence
legislation by any governmental body.
AGENDA ITEM #6. c)
2
E. Expenses charged against this grant may not be incurred prior to the effective date of
the grant or subsequent to the termination date and may be incurred only as necessary
to carry out the purposes and activities of the approved grant application.
F. The Grantee is responsible for the expenditure of funds and for maintaining adequate
supporting records consistent with generally accepted accounting practices.
G. The Grantor will only reimburse the Grantee for activities incurred by the Grantee.
H. While the grant is restricted for use for the purposes described in this Agreement, the
Agreement and the award of grant funds shall not be deemed to be contingent or
conditioned upon the accomplishment of any specific or measurable barrier, unless the
condition is specifically identified and communicated to the Washington Census Alliance.
Table 1: Renton 2020 Census Campaign
ACTIVITY COST DELIVERABLES
Support for Administrative Fees to hire
Trusted Messengers
$4,000 Narrative report on
the number of
people reached
through the trusted
messengers and
questionnaire
assistance centers
Materials & Expenses for Community Education & Engagement Sessions:
Translation of materials $1,000.00 Copy of Materials
translated
Marketing through social media, ethnic,
community media (Assumed similar to 2019
RMCF)
$7,000.00 Screen copy of ad
and report on
metrics related to
views, clicks, etc
Get Counted Events/Educational Sessions
facilitated by trusted Messengers
$5,000.00 Location, date &
time of event,
number of people
served
Refreshments and printing materials for
Trusted Messengers
$3,000.00
TOTAL ESTIMATED BUDGET:$21,000.00
4. Grantee Communications and Reporting
A. For any communication, please do not hesitate to write to us at
kamau@wacensusalliance.org. The Grantee is expected to participate in any check-in
calls and interim reports requested by the Washington Census Alliance.
AGENDA ITEM #6. c)
3
5. One-time Funding
Unless otherwise stipulated in writing, this grant is made with the understanding that the Grantor
has no obligation to provide other or additional support to the Grantee.
6. Required Notification
The Grantee will inform the Grantor immediately of any alterations in its structure, activities or
otherwise, which may affect its status as an organization exempt from income tax under Section
501(c)(3) of the U.S. Internal Revenue Code, a governmental unit that is tax-deductible under
section 170(c)(1), or a federally recognized tribe. The Grantor reserves the right to cancel or
rescind this grant support at any time should there be a substantial change affecting the
organization. If a grant is rescinded or cancelled for any reason, the Grantee is obligated to
return the balance of unused funds and provide a statement accounting for funds spent.
7. Indemnity
The Grantee shall indemnify, defend, and hold the Grantor harmless from and against any and
all liability to any third party for or from loss, damage or injury to persons or property in any
manner arising out of, or incident to, the performance of this Agreement, including the planning,
acquiring, constructing, equipping or use of the project, or the planning, arranging,
implementing, sponsoring or conducting of any program or activity by the grantee. In no case
shall the Grantor be liable to the grantee or any third party for consequential damages.
All grant awards are made in accordance with current and applicable laws and pursuant to the
Internal Revenue Code, as amended, and the regulations issued hereunder.
Upon signing this contract, your agency states that you agree to notify us if there is any change
in your status a governmental unit that is tax-deductible under section 170(c)(1). We agree to
the Grant Agreement and Provisions outlined above, signed:
Grantor
Latino Community Fund, the fiscal sponsor of the Washington Census Alliance
Printed Name: _______________ Title:_________________________
Signature: _______________ Date : ________________________
Washington Census Alliance, a fiscally sponsored project of Latino Community Fund
Printed Name: _______________ Title: _________________________
Signature: _______________ Date : ________________________
AGENDA ITEM #6. c)
4
Grantee
City of Renton
Printed Name: Robert Harrison Title: Chief Administrative Officer
Signature: _______________ Date : ________________________
For Grantee Completion
Make grant award check payable to:
City of Renton
Mail to:
Jan Hawn
City of Renton
1055 S Grady Way, Renton, WA 98057
Send the original, signed copy of your grant agreement to: PO Box 30669 Seattle, WA 98103
AGENDA ITEM #6. c)
AB - 2596
City Council Regular Meeting - 24 Feb 2020
SUBJECT/TITLE: Establish 2020 Salary Commission and Confirm Mayor's Appointment
of Commissioners
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Human Resources / Risk Management Department
STAFF CONTACT: Ellen Bradley-Mak, Human Resources / Risk Management
Administrator
EXT.: 7656
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
Ordinance No. 5773 was adopted on October 19, 2015. This ordinance calls for the periodic establishment of a
Salary Commission for the purpose of reviewing and setting any and all compensation that may be paid to, or
received by, Renton City Councilmembers.
Mayor Pavone has appointed the following individuals as 2020 Salary Commissioners:
Kimberly Searing
Julio Amador
Don Persson
Jeff Kelly
David Kroeger
The commissioners shall serve until the salary review is complete and a salary schedule has been filed with the
City Clerk or until a determination is made that no salary adjustment is appropriate. If the Salary Commission
deems a salary adjustment is appropriate, staff will update Ordinance No. 5773.
EXHIBITS:
A. ORD 5773
STAFF RECOMMENDATION:
Establish the 2020 Salary Commission, and confirm Mayor Pavone's appointment of the following Salary
Commissioners: Kimberly Searing, Julio Amador, Don Persson, Jeff Kelly, and David Kroeger, with terms
expiring after the salary review is complete and a salary schedule has been filed with the City Clerk or until a
determination is made that no salary adjustment is appropriate. If the Salary Commission deems a salary
adjustment is appropriate, staff will update Ordinance No. 5773.
AGENDA ITEM #6. d)
CITY OF RENTON, WASHINGTON
ORDINANCE NO. 5773
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
1-5-1 OF CHAPTER 5, COUNCIL, OF TITLE I (ADMINISTRATIVE), ADOPTING A
NEW CHAPTER 20, ENTITLED "INDEPENDENT SALARY COMMISSION," OF TITLE
II (COMMISSIONS AND BOARDS), AND AMENDING SECTION 5-3-1 OF CHAPTER
3, SALARIES, OF TITLE V (FINANCE AND BUSINESS REGULATIONS) OF THE
RENTON MUNICIPAL CODE, ESTABLISHING AN INDEPENDENT SALARY
COMMISSION.
WHEREAS, the Revised Code of Washington (RCW) section 35.21.015 authorizes
municipalities to establish an independent salary commissions to review and set the salaries for
elected officials; and
WHEREAS, The City Council currently reviews and sets compensation for the members
of the City Council, which was most recently done in July 2004 via Ordinance No. 5090; and
WHEREAS, The City Council currently sets compensation for the Mayor by ordinance in
conjunction with regular budget processes; and
WHEREAS, Ordinance No. 5245 adopted on December 11, 2006 sets the compensation
for the elected Judge to be at least ninety-five percent (95%) of a district court judge salary
which is adjusted regularly; and
WHEREAS, the Council wishes to address the compensation of the City Council
Members in a more consistent and uniform manner as other elected city officials;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
1
AGENDA ITEM #6. d)
1
ORDINANCE NO. 5773
SECTION I. Subsection 1-5-1.0 of subsection 1-5-1, Number of Councilmembers;
Duties; Salaries, of Chapter 5, Council, of Title I (Administrative) of the Renton Municipal Code,
is hereby amended as follows:
C. The salaries of the Councilmembers are hereby fixed at nine hundred
fifty dollars ($950.00) per month plus two percent (2%) of salary for deferred
com ensation lus for those Councilmembers not participating in PERS, an extrapp
one point four percent (1.4%of salary for deferred compensation. However, the
compensation of such elected officials who fix their own compensation shall not
be increased during their terms of office, and as limited by the Constitution and
statutes of the State of Washington. The salaries of Councilmembers mav also be
adiusted accordin to the procedures and rules established bv chapter RMC 2-
20. Independent Salarv Commission.
SECTION II. Title II (Commissions and Boards) of the Renton Municipal Code, is
hereby amended to add a new Chapter 20, entitled "Independent Salary Commission" to read
as follows:
CHAPTER 20
INDEPENDENT SALARY COMMISSION
SECTION:
2-20-1 Commission Established
2-20-2 Purpose
2-20-3 Qualifications
2-20-4 Membership
2-20-5 Meetin s
2
AGENDA ITEM #6. d)
ORDINANCE NO. 5773
2-20-6 Responsibilities
2-20-7 Effective Date—Salaries
2-20-8 Salarv Schedule Subiect To Referendum Petition
2-20-1 COMMISSION ESTABLISHED:
An Independent Salarv Commission is herebv established pursuant to RCW
35.21.015, hereinafter referred to as the Citv of Renton Independent Salary
Commission ("Commission"1.
2-20-2 PURPOSE:
The Commission shall review and establish the salaries of the,
Councilmembers and exercise the powers and aerform the duties established bv
RCW 35.21.015. as now existing or hereafter amended. For the purposes hereof,
the salary authoritv of the independent salarv commission shall include all
comaensation that mav be aaid to or received bv councilmembers. whether or
not it is identified as salarv.
I!
2-20-3 QUAUFICATIONS:
A. Members must be a resident of the Citu for at least one (1) vear
immediatelv precedin such appointment, and a re istered voter of Kin Countv.
B. No officer, official, or emalovee of the Citv or anv of their immediate
familv members mav serve on the Commission. "Immediate familv member" as
used in this subsection means the parents, spouse, siblin s, children, or
deaendent relatives of the officer, official, or emplovee, whether or not livin in
the household of the officer, official, or emplovee.
3
AGENDA ITEM #6. d)
ORDINANCE NO. 5773
2-20-4 MEMBERSHIP:
A. Number of Members:The Commission shall consist of five (5) members.
B. Appointment: Members shall be appointed bu the Mavor, subiect to
confirmation bv the Citv Council. Members shall be selected without respect to
political affiliations and shall serve without compensation.
C. Terms: Members of the Commission shall serve their term upon
aaaointment and Council confirmation, until the salarv review is complete and a
salarv schedule has been filed with the Citv Clerk or until determination is made.
that no salarv adiustment is appronriate. No member mau be appointed to more
than two f21 terms on the Commission, whether or not those terms are held
consecutivelv.
D. Removal: Members mav be removed bv the Mavor, onlv. durin their
terms of office for cause includin incapacitv. incompetence, ne lect of dutv. or
malfeasance in office or for a disqualifvin chan e of residence.
E. Vacancies: Vacancies occurrin shall be filled for the unexpired terms, in
the same manner as aapointments in subsection B of this section.
F. Quorum: Three f31 members shall constitute a auorum.
G. Chair and Vice-Chair: The Commission shall elect a chair and vice-chair
from amon its votin members.
2-20-5 MEETINGS:
A. The Mavor will appoint appropriate staff to assist the Commission.
4
AGENDA ITEM #6. d)
ORDINANCE NO. 5773
B. The Commission shall keep a written record of its aroceedin s, which shall
be a public record in accordance with State law, and shall activelv solicit public
comment at all meetin s. The meetin s shall be subiect to the Open Public
Meetings Act. Chapter 42.30 RCW, as amended or recodified.
C. The Commission shall meet as often as necessara in order to file a
schedule with the Citv Clerk, on or before November 30, 2015. Once a schedule
has been filed. the Commission will not meet until the Citv Council confirms a
new Commission for aurposes of further studvin Citv Council compensation.
2-20-6 RESPONSIBILITIES:
The Commission shall have the followin responsibilities:
A. To studv the relationship of salaries to the duties of Council President and
Councilmembers and to studv the costs personallu incurred bv Councilmembers
in performin such duties;
B. To studv the relationship of Renton Council salaries and benefits to those
salaries and benefits of Councilmembers in surroundin Citv iurisdictions and
other current market conditions;
C. To establish salarv and benefits bv either increasing or decreasin the
existin salarv and benefits of each position bv an affirmative vote of not less
than three (3) members: and
D. To review and file a salarv and compensation schedule with the Cit Clerk
no later than November 30. 2015. Future Commissions shall have ninetv (901
5
AGENDA ITEM #6. d)
ORDINANCE NO. 5773
davs after confirmation bv the Citv Council to complete their review and file the
necessarv salarv and compensation schedule.
2-20-7 EFFECTIVE DATE—SALARIES:
A. The Commission established or amended salaru schedule will become
effective in the amounts, at the times, and under the conditions established in
the schedule.
B. Anv increase or decrease in salarv shall become effective and incorporated
into the Citv bud et without further action of the Citu Council or the
Commission.
C. Salarv increases established bv the Commission shall be effective as to all
Council elected officials. re ardless of their terms of office.
D. Salarv decreases established bv the Commission shall become effective as
to incumbent Council elected officials at the commencement of their next
subseauent terms of office.
E. Anv adiustment of salarv bv the Commission shall supersede anv Citv
ordinance related to the bud et or to the fixin of salaries.
2-20-8 SALARY SCHEDULE SUBJECT TO REFERENDUM PETITION:
A. Salarv increases and decreases shall be subiect to referendum petition in
the same manner as an ordinance uaon filin of such petition with the Citv Clerk
within thirtv (30) davs after filin of the salarv schedule. In the event of the filin
of a valid referendum petition, the salarv increase or decrease shall not o into
effect until approved bv vote of the people.
6
AGENDA ITEM #6. d)
ORDINANCE NO. 5773
B. Referendum measures under this section shall be submitted to the voters,
of the Citv at the next followin eneral or municipal election occurrin thirtv
301 davs or more after the petition is filed, and shall be otherwise overned bv
the provisions of the Washin ton State Constitution, Chapter 1-2 Renton
Municipal Code. or laws enerallv aaplicable to referendum measures.
SECTION III. Section 5-3-1, Salaries of Elective Officers, of Chapter 3, Salaries, of Title V
Finance and Business Regulations) of the Renton Municipal Code, is hereby amended as
follows:
5-3-1 SALARIES OF ELECTIVE OFFIC RIALS:
The elective officials, consisting of the Mayor and members of the City
Council, shall receive the salaries fixed and established by City ordinances from
time to time and as otherwise provided by law. The salaries of Councilmembers
mav also be adiusted accordin to the procedures and rules established bv.
chaater RMC 2-20. Independent Salarv Commission.
SECTION IV. This ordinance shall be effective upon its passage, approval, and thirty
30) days after publication.
PASSED BY THE CITY COUNCIL this 19th day of October 2015.
6
Jaso A. Seth, ity Clerk
7
AGENDA ITEM #6. d)
ORDINANCE NO. 5773
APPROVED BY THE MAYOR this 19th day of October 2015.
i
Denis Law, Mayor
11111 IIUIlIU
F REIy y/.Approved as to form:
at.,,,,,., s._ k 5 =
Lawrence J. Warren, City Attorney 6'
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a/lIIpIIH11H111111\\\\
Date of Publication: 10/23/2015 (summary)
ORD:1885:10/5/15:scr
8
AGENDA ITEM #6. d)
AB - 2591
City Council Regular Meeting - 24 Feb 2020
SUBJECT/TITLE: 2020-2021 ORCA Business Cards and Business Passport Products
Agreement
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Transportation Systems Division
STAFF CONTACT: Dan Hasty, Transportation Planner
EXT.: 7217
FISCAL IMPACT SUMMARY:
The total expenditure required is $126,352 and the total amount budgeted for 2020 in the CTR
Transit/Guaranteed Ride Home account number 003.000000.016.595.92.43.005 is $130,000. There is
sufficient budget available to cover the cost of the agreement.
SUMMARY OF ACTION:
In order to reduce congestion and improve air quality, Washington state passed a Commute Trip Reduction (CTR) law in
the early 1990s. The CTR law requires employers with 100 or more employees arriving to work between the hours of
6:00 a.m. and 9:00 a.m. to have transportation programs for their employees that encourage the use of alternatives to
single occupancy vehicles. Under the CTR law the City of Renton is classified as a CTR affected employer.
During the past 20 years the city has entered into annual agreements with transit agencies to purchase public transit
passes in bulk at a reduced rate. These passes are provided to each regular city employee as a core fundamental piece
of the city’s CTR Program. This agreement will continue the city’s participation in all elements until February 28, 2021.
The ORCA Business Passport Program allows employers to buy annual passes in bulk at an extreme discount over the
retail pricing. The cost for the time period of March 1, 2020 to February 28, 2021 is $387.12 per eligible employee. This
is a significant savings over buying the passes through King County Metro Transit outside of the ORCA Business Passport
Program. If passes were purchased in lesser quantities each equivalent pass could cost as much as $2,484. Additionally
by purchasing in bulk through this program, other benefits are included such as:
1. Unlimited rides by card holders on bus, light rail and commuter rail services provided by King County Metro,
Pierce Transit, Sound Transit and others.
2. 100% vanpool and vanshare subsidies.
3. Guaranteed Ride Home Program for all registered participants which provides a free taxi ride home in the event
of an emergency or illness up to 8 times per year.
This program is paid for out of the general fund. The adopted 2020 budget for this program is $130,000.
This agreement allows for the purchase of 298 passes for use by eligible city employees for a total cost of $126,352. The
number of passes being purchased in 2020 is the same as the number purchased in 2019.
EXHIBITS:
A. Agreement
AGENDA ITEM #6. e)
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the agreement with King County Metro Transit for the purchase of ORCA
Business Cards and ORCA Business Passport Products.
AGENDA ITEM #6. e)
DocuSign Envelope ID:307F9D76—326A-4136-93FO—CA4C85E88F24
FCB
Agreement for Purchase of ORCA Business Cards and
ORCA Business Passport Products
THIS AGREEMENT (hereinafter,“Agreement")is made and entered into by and among City of Renton ("Business
Account")and King County Metro ("Lead Agency")on behalf of the following agencies,individually referred to as the
"Agency"and collectively as the "Agencies"in this Agreement.
The Snohomish County Public Transportation Benefit Area (“Community Transit”)
The City of Everett (“Everett Transit”)
‘
The King County Metro Transit Department (“King County Metro”)
The Kitsap County Public Transportation Benefit Area ("Kitsap Transit”)
Pierce County Public Transportation Benefit Area Corporation (“Pierce Transit”)
The Central Puget Sound Regional Transit Authority (“Sound Transit”)
The Washington State Department of Transportation,Ferries Division ("Washington State Ferries")
IN CONSIDERATION of the mutual covenants contained herein,the suf?ciency of which is hereby acknowledged,the
Parties agree as follows:
1.0 PURPOSE
1.1 This Agreement establishes the terms under which certain fare payment—related services,referred to herein as
"ORCA Services,"will be provided to the Business Account,including but not limited to the prices and terms under
which the Business Account may purchase and distribute ORCA Business Cards loaded with a Business Passport
Product to its Eligible Business Cardholders.Such ORCA Business Cards may be used to access certain
Transportation Services of the Agencies.The specific ridership privileges applicable to the Business Passport Product
provided under this Agreement are specified in Attachment 1,Products,Pricing and Terms,which is incorporated in
this Agreement by this reference,and are subject to Sections 6 and 17 below.
1.2 Attachment 1 also establishes the terms under which speci?c optional products and services (e.g.use of an
ORCA Business Card on vanpool;a guaranteed ride home program),if any,shall be provided by one or more
individual Agencies.
1.3 This Agreement also enables the Business Account to purchase Business Choice Products from the Agencies,
via the Business Account Website,at the prices and terms in effect at the time of purchase.
1.4 The Business Account understands and agrees that this Agreement applies to its use of ORCA Services
including,but not limited to,its purchase of ORCA Business Cards and ORCA Products.This Agreement does not
constitute a contract for transportation services.The Agencies have no obligation to the Business Account or any other
entity or person to provide any particular level,frequency or routing of transportation service.
2.0 TERM OF AGREEMENT AND CONTACT PERSONS
2.1 This Agreement shall take effect upon the effective date specified in Attachment 1.Unless terminated in
accordance with Section 13,this Agreement shall expire on the last day of the Program Term specified in Attachment
1,or an Amended Attachment 1 that has been signed by a person authorized to bind the Business Account.
2.2 The Business Account shall designate a Primary Contact Person in Attachment 2,Designated
Representatives,which is incorporated in this Agreement by this reference.This Primary Contact Person shall be
ORCA Passport Agreement
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AGENDA ITEM #6. e)
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responsible for managing the Business Account's roles and responsibilities under this Agreement.A Secondary
Contact Person shall also be designated in Attachment 2.The Lead Agency may communicate with and rely upon
either the Primary or Secondary Contact Person on matters relating to this Agreement.
3.0 DEFINITIONS
3.1 Business Account.The employer,educational or human services institution,government agency or other
entity that has entered into this Agreement enabling it to purchase ORCA Business Cards and ORCA Products for
distribution to their employees,students,clients or other constituency.
3.2 Business Account Website.The website used by the Business Account to manage its account,currently at
orcacard.biz.
3.3 Business Choice Products.The ORCA Products that may be purchased at retail prices to supplement the
ORCA Business Passport Product for one or more Business Cardholders (e.g.a WSF monthly pass)
3.4 Business Cardho/der(s)or Cardho/der(s).The individual(s)who are eligible to receive an ORCA Business
Card from the Business Account.The eligibilityrequirements for Business Cardholders are more fully de?ned in
Attachment 3,Eligible Business Cardholders,which is incorporated in this Agreement by this reference.
3.5 Business Passport Product.The ORCA Product loaded on the Business Account's ORCA Business Cards
under this Agreement that provides the Business Cardholders an unlimited right-to-ride the regularly scheduled
Transportation Services of,or operated by,certain Agencies to the extent speci?ed in Attachment 1.
3.6 Card Block.An ORCA system process that culminates in invalidating an ORCA Business Card.
3.7 Lead Agency.The Agency that entered into this Agreement on behalf of itself and the other Agencies and that
is responsible for administration of this Agreement on behalf of the Agencies,including invoicing,contract modi?cations
and renewals,and ORCA system support.
3.8 ORCA.The trademarked name of the system that enables use of a common fare card on the public
transportation services provided by any of the Agencies.
3.9 ORCA Business Card (or “Business Card”).An ORCA fare card issued to a Business Account to enable the
loading of ORCA Products for use by a Cardholder to whom it was distributed by the Business Account to access
Transportation Services as speci?ed in Attachment 1.
3.10 ORCA Products.Any transit fare payment mechanism or electronic voucher offered for sale within the ORCA
system by any of the Agencies.Examples include,but are not limited to,monthly or period pass,E-purse,and
electronic voucher.
3.11 ORCA Services.The materials and services that may be provided,from time to time,under the ORCA
program,including but not limited to the ORCA Business Cards,ORCA Products,ORCA Websites,data,information,
and any equipment,systems and services related to the ORCA program.
3.12 Parties.The Business Account and the Agencies (which include the Lead Agency)may be collectively referred
to as "Parties."
3.13 Primary Contact Person.The individuals identi?ed as the primary contact points for the Lead Agency and the
Business Account,as listed in Attachment 2 or as modi?ed from time to time.
3.14 Product Block.An ORCA system process that culminates in invalidating an ORCA Product without invalidating
the card on which it is loaded.
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3.15 Transportation Services.Those public transportation services provided by the Agencies that are speci?ed in
Attachment 1.
4.0 PRICES AND PAYMENT TERMS
4.1 The prices and payment terms applicable to this Agreement are speci?ed in Attachment 1.Such terms shall
include:(a)the amounts due for the Business Cards,Business Passport Product,and any other products,services and
fees;(b)the timing of payments,and (c)the acceptable method of payment.Each order submitted by the Business
Account for ORCA Business Cards and/or any ORCA Products will be subject to the provisions of this Agreement.
4.2 The Business Account's purchase of any Business Choice Products via the Business Account Website will be at
the prices and terms in effect at the time of order.The Business Account is responsible for reviewing the prices in
effect before submitting each order and shall be deemed to have agreed to the then-applicable prices by submitting the
order.
4.3 Payment in full is due as speci?ed in Attachment 1.
4.4 If for any reason payment in full is not received by the date due,if a payment is not honored due to
non-suf?cient funds (NSF)or if for any reason a payment is negated or reversed,the Lead Agency will notify the
Business Account of the payment problem and,if full and clear payment is not received within ten (10)calendar days of
such noti?cation,the Lead Agency may:
4.4.1 refuse to process new orders for ORCA Business Cards and block the loading of new ORCA Products
by or for the Business Account;
4.4.2 assess any late payment,NSF and collection fees to the maximum amount permitted by law;
4.4.3 initiate a Card Block or Product Block on the Business Cards issued to the Business Account,rendering
them ineffective for use by the Cardholders,until such time as the Business Account pays the full amount due,
including any late payment,NSF and fees,in a manner acceptable to the Lead Agency;and
4.4.4 suspend or terminate access rights to the Business Account's secured area of the website.
4.5 In addition to any other obligations it may have under this Agreement and at law,the Business Account agrees
to pay to the Lead Agency any reasonable collection fees incurred in collecting amounts due from the Business
Account.
5.0 PURCHASE,OWNERSHIP,DISTRIBUTION AND REPLACEMENT OF ORCA BUSINESS CARDS
5.1 Ordering ORCA Business Cards.The Business Account shall order ORCA Business Cards via the ORCA
Business Accounts Website,in accordance with the directions provided on that website,and shall make payment as
provided in Attachment 1,.If additional cards are required,the Business Account may be required to pay the standard
card fee and other applicable fees as speci?ed in Attachment 1.
5.2 Receipt and Ownership of ORCA Business Cards.Upon actual or constructive receipt of the ORCA
Business Cards it has ordered,the Business Account shall become the owner of the ORCA Business Cards.The
Business Account shall be deemed to have constructively received all ordered ORCA Business Cards unless it noti?es
the Lead Agency of any non-delivery or incorrect delivery within thirty (30)days after the order was placed.If the
Business Account noti?es the Lead Agency that it has not received the ordered cards,the Lead Agency will ship a
replacement order.If the Business Account subsequently receives the cards reported as missing,the Business
Account is responsible for returning them to the Lead Agency.
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5.3 Storage and Risk of Loss.The Business Account is responsible for the storage,distribution and use of the
ORCA Business Cards issued to it.The Business Account bears the sole risk of any loss,damage,theft or
unauthorized use of one of its cards,whether such card is held in its inventory or has been distributed for use.The
Business Account is responsible for the cost of any use of its Business Cards until the effective date of a Card Block
that may be initiated as provided below.
5.4 Distance Based Transit Fare.The Business Account is responsible for communicating to Cardholders that
“distance based fares”are charged on some systems such as:Link light rail,and Sounder commuter rail systems.On
distance based fare modes,when the Cardholder “taps on,”the ORCA system will record the trip to the last stop on the
line.When the Cardholder “taps off’at the end of the ride,ORCA will record the actual ride.The Business Account
then will be charged the correct fare for the actual ride taken.If the Cardholder fails to “tap off”,then ORCA will record
a ride to the end of the line.The result of not “tapping off’is that the Business Account will be charged the largest fare
for the ride even if a shorter ride was taken.
5.5 Distribution of ORCA Business Cards.The Business Account is responsible for distributing its Business
Cards for use by its Eligible Business Cardholders.The Business Account remains the owner of all Business Cards it
distributes but a cardholder may also purchase and load individual ORCA products on a Business Card and individually
register the card.To enable Cardholders to register Business Cards as provided in Section 6 below,the Business
Account may not register,or allow anyone other than the Cardholder to register,the Business Cards that are issued
under this Agreement.
The Business Account shall require that the Cardholder,as a condition of receiving a Business Card,is informed of the
Cardholder Rules of Use,incorporated in this Agreement as Attachment 4 ORCA Business Cardholder Rules of
Use,through your business’standard means of communicating policies.4
The Business Account understands and agrees that it is solely responsible for implementation and enforcement of the
Cardholder Rules of Use.
5.6 Proof of payment.The Business Account is responsible for notifying Cardholders that proof of payment must
be made by tapping the ORCA Card on the card reader in the manner required by each Agency;otherwise,the
Cardholder may be subject to a ?ne if the ORCA Card is not tapped,and the Cardholder will be personally responsible
for any ?nes that may be imposed.
5.7.Business Account Access to Personally Identifying Information.If an individual Cardholder opts to register
one of the Business Cards issued to the Business Account,any personally identifying information provided to the
ORCA System (e.g.name,address,telephone number,and credit card number)will not be accessible by the Business
Account.If the Business Account collects any personally identifying information about individuals to whom it has
distributed Business Cards,the Business Account is solely responsible for its collection,use,storage and disclosure of
such information.
5.8 Card Blocks.In the event a Business Card is determined to be lost or stolen or if a Cardholder is determined
by the Business Account to be no longer eligible to use the card,the Business Account may initiate a Card Block via
the Business Account Website to invalidate the subject Business Card.The Lead Agency may also initiate a Card
Block or a Product Block as to any of the Business Account's Business Cards at the request of the Business Account,
or at the sole discretion of the Lead Agency in accordance with Section 4.4,or if it is suspected that a card has been
altered,duplicated,counterfeited,stolen or used by an ineligible Cardholder.Once initiated,a Card Block must be
processed in the ORCA system and downloaded to all reader devices throughout the region.Until that occurs,there is
the potential that the Business Passport Product and any E-purse value or other ORCA Products on the subject card
will continue to be used.The Business Account,not the Agencies,remains responsible for all transactions,and any
loss or costs arising there from,for forty-eight (48)hours after the Card Block was initiated.
5.9 Restoration of Value After Card Block.Following a Card Block,the Business Account may request the Lead
Agency to restore value on a replacement of the blocked Business Card.An E-purse on a blocked card will be restored
ORCA Passport Agreement
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on the replacement card in approximately ten (10)calendar days after the replacement card is issued.The E-purse
amount that remained on the lost or stolen card,forty-eight (48)hours after the Card Block was initiated in the ORCA
system,will be restored to the replacement card via a remote revalue function.An E-purse on a blocked card will be
restored on the replacement card on the eighth day after the card has been issued.The card must then be tapped to
activate the E-purse value.
5.10 Card Replacement.The Business Account is responsible for ordering and paying for any new cards needed
to replace Business Cards that for any reason cease to be available or suitable for use by the Cardholders under the
program of the Business Account,including but not limited to,if the unavailability or unsuitability is caused by damage,
abuse,loss,theft,Card Block,and end of useful life.Provided,however,and notwithstanding the exclusion of
warranties in Section 14,if a Business Card malfunctions within twelve (12)months after it was delivered to the
Business Account,it shall be replaced by the Lead Agency without additional charge to the Business Account if the
malfunction was caused by a defect in design,material or workmanship and was not caused by misuse,an intentional
act,negligence or damage,reasonable wear and tear excepted.The Business Account understands and agrees that to
avoid the disruption and inconvenience caused by sporadic failures as its cards are used,it must plan for replacement
of its Business Cards on a regular basis.As a condition of continuing under the Business Passport program,the
Business Account agrees that:(a)it will retire all of its ORCA Business Cards at sometime within four years after they
are issued by the Lead Agency to the Business Account;and (b)purchase replacement Business Cards at the
then-applicable rate.
6.0 CARDHOLDER USE OF ORCA BUSINESS CARDS
Cardholder Privileges.The Business Account understands and agrees that,although it remains the owner of ORCA
Business Cards after distribution,the Cardholder has the following privileges in connection with the use of an ORCA
Business Card.
6.1 The Cardholder may present an ORCA Business Card,loaded with a valid,applicable Business Passport or
Business Choice Product,to an ORCA fare transaction processor as proof of payment of all or a portion of a required
fare on a regular transportation service operated by one or more of the Agencies.(Provided,however,an ORCA
Product that is not suf?cient to fully pay a fare will not be accepted as partial payment by the Washington State
Ferries.)In all cases,a Cardholder will be required to make other payment to the extent a fare is not covered by an
ORCA Product.
6.2 The Cardholder may individually purchase ORCA Products and load them on the Business Card in addition to
any ORCA Product loaded by the Business Account.Individual ORCA Products may be used to pay all or a portion of
a required fare on a transportation service not covered by a Business Passport Product or Business Choice Product.
(Provided,however,an ORCA Product that is not suf?cient to fully pay a fare will not be accepted as partial payment
by the Washington State Ferries.)In all cases,a Cardholder will be required to make other payment to the extent a fare
is not coveredby an ORCA Product.
6.3 The Cardholder may register his/her name and other contact information with the ORCA System and link such
personal information to the serial number of the Business Card provided to him/her.Such registration does not give the
Cardholder any ownership rights in the card but does give the Cardholder the right to access the ORCA Cardholder
Website to view the card's transaction history and current stored value,to modify travel zone preferences,and to add
retail products.
6.4 The Cardholder's personally identifying information is generally exempt from disclosure under the Washington
Public Records Act (Chapter 42.56 RCW)as more speci?cally outlined in RCW 42.56.330(5).
7.0 NO RETURNS OR REFUNDS
Except as otherwise provided herein or in Section 13.2,the Business Account understands and agrees that its
purchases of Business Cards,and Business Passport Products and Business Choice Products purchased for such
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cards,are ?nal and it is not entitled to any refunds.Provided,however,the Business Account may request a refund of
the E-purse value remaining on a Business Card if the card is surrendered by the Business Account to the Lead
Agency.Upon surrender of the subject Business Card,the Lead Agency shall initiate a Card Block and the refund
processed approximately ten (10)calendar days after the Card Block was initiated.The E-purse amount refunded will
be that which remained on the surrendered card forty-eight (48)hours after the Card Block was initiated in the ORCA
system.A processing fee of ten dollars ($10)may be payable by the Business Account to the Lead Agency for each
refund that is processed,regardless of E-purse value or number of cards refunded.The Business Account,not the
Lead Agency,is responsible for the refunding of such E-purse value,if any,to the individual Cardholder to whom the
Business Card had been distributed.
8.0 BUSINESS ACCOUNT WEBSITE
8.1 The Business Account Website is the primary means by which the Business Account shall purchase ORCA
Business Cards,Business Passport and Business Choice Products,manage its Business Cards and obtain information
about the use of said cards.As a condition of participation in the Business Passport program,the Business Account
agrees that it will use the Business Account Website when it is available and that each access and use of said website
shall be subject to the Terms of Use and Privacy Statement that are in effect and posted on the Business Account
Website at the time of such access and use.
8.2 The Business Account understands and agrees that uninterrupted access to anduse of the Business Account
Website is not guaranteed and agrees that it will contact its representative at the Lead Agency by email or telephone if
the website is not available.
8.3 At the time the Business Account enters into the ORCA program,the Lead Agency will provide a single
password to the Business Account's Primary Contact,as speci?ed in Attachment 2,to enable user access to the
Business Account's secured area of the Business Account Website.The Business Account is required to change the
temporary password to one of its own creation.The Business Account shall be solely responsible for the number and
identity of those employees with whom the Business Account's password is shared.The Business Account is also
solely responsible for complying with the security standards speci?ed in Attachment 5,ORCA Business Account
Security Standards,which is incorporated in this Agreement by this reference.
9.0 INFORMATION PROVIDED BY THE AGENCIES AND THE ORCA SYSTEM
9.1 The Business Account understands and agrees that the data,reports or any information provided to it via the
Business Account Website or othen/vise,is and remains the sole property of the Agencies and nothing shall be
construed as a transfer or grant of any copyright or other property interest in such data,reports or information.The
Agencies hereby grant to the Business Account a non—exclusive license to use any data,reports or information
provided by the Agencies,via the Business Account Website or othenivise,for any lawful purpose related to the
administration of the transportation bene?ts program of the Business Account.
9.2 The ORCA System will record data each time an ORCA Business Card is presented to an ORCA device for fare
payment and to load a product.Such transaction data includes,but is not limited to,the date,time,and location (or
route)of the transaction.The Business Account may routinely access such transaction data related to its Business
Cards to the extent provided via the Business Account Website.Said website and its reports do not provide the
Business Account Business Card transaction data linked to card serial numbers.
For the purpose of preventing fraud,the Primary Contact Person of the Business Account may submit a written request
to the Lead Agency for transaction data related to a speci?c card number or for a card number linked to a speci?c
transaction.Fraud is de?ned as intentional deception or misrepresentation by a person with knowledge that it will result
in an unauthorized bene?t to him,her,or some other person.The submittal is not intended to be used to request data
for multiple cards or all cards managed by the Business Account.
The written request shall include the following:
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9.2.1 Card number or the date,time and other known details about the speci?c transaction for which a card
serial number is being requested;
9.2.2 Detailed statement as to why the information is germane to the prevention of fraud;and
9.2.3 The signature of the Primary Contact Person.
If the Lead Agency determines that the subject transaction(s)is linked to a Business Card issued to the Business
Account,the Lead Agency will provide the Business Account with the card serial number linked to the requested
transaction(s).The Business Account agrees that it will use such card serial number information only for purposes of
enforcing the Rules of Use,as provided to the Cardholder.The Business Account must maintain its own records if it
wishes to identify the card serial number issued to an individual.
10.0 PUBLIC RECORDS
The Business Account understands and agrees that all records related to its participation in the ORCA System are
public records under the Washington Public Records Act (Chapter 42.56 RCW)("Act"),including but not limited to:(a)
this Agreement and the sales activity hereunder;(b)the orders,communications,and any other information provided
by the Business Account to the Lead Agency,the other Agencies or the ORCA System,whether provided via this
website or otherwise and whether provided in hard copy or electronic form;(c)any communications,responses,
requests,reports or information of any kind provided to the Business Account from the Lead Agency,the
other Agencies or the ORCA System;and (d)all data,reports and information of any kind related to the loading of
products on,and the use of,the Business Cards issued to the Business Account.As public records,these records will
be made available for public inspection and copying upon request,unless the Lead Agency determines they are
exempt from disclosure.
11.0 INDIVIDUAL USE OF BUSINESS CARD AFTER LEAVING A BUSINESS ACCOUNT
The Business Account is encouraged to collect Business Cards from Cardholders who are no longer eligible for the
Business Account's transportation bene?ts program.In any case,the Business Account is solely responsible for
initiating a Card Block or Product Block in accordance with this Agreement to prevent any continued use of,and
?nancial liabilityfor,a card that had been distributed to a person who is no longer eligible.
12.0 ORCA SERVICES SUBJECT TO CHANGE
The Agencies seek to continually improve and enhance the ORCA Services.With thousands of employers,schools,
and other entities entering into business account agreements at varying dates in the year,the Agencies are unable to
guarantee to each business account that the ORCA Services will not change during the term of its agreement.The
Business Account understands and agrees that one or more ORCA Services may be changed,suspended or
terminated from time to time without prior notice to,or agreement by,the Business Account,including but not limited to
changes in the look,feel,content and functions of the Business Account Website.If the Business Account is
dissatis?ed with a change in the ORCA Services,however,it may terminate this Agreement for its convenience in
accordance with the provisions of Section 13.2.
13.0 TERMINATION
13.1 The Lead Agency may at any time terminate this Agreement if the Business Account fails to make timely and
effective payment of all amounts due,or otherwise materially breaches the Agreement,or acts in manner indicating
that it intends to not comply,or is unable to comply,with the Agreement.To effect such a termination for cause,the
Lead Agency shall send email notice to the last known email address for the last known primary contact person of the
Business Account describing the manner in which the Business Account is in default and the effective date of
termination.If the basis for termination is a failure to perform that can be cured,the termination shall not take effect so
long as the Business Account cures the default within ten (10)calendar days of the sending of the email notice.Upon
the effective date of such termination,the Lead Agency may immediately terminate the website access privileges of the
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Business Account,block the Business Cards issued to the Business Account and decline to accept and ful?ll any
pending or new orders from the Business Account.In the event of such a termination for cause,the Business Account
shall not be entitled to any refund of any amounts paid.
13.2 Either the Business Account or the Lead Agency may terminate the Agreement without cause and for its own
convenience by sending the other party written or email notice at least thirty (30)days in advance of the effective date
of the termination.Upon receipt of a notice of termination for convenience from the Business Account,the Lead
Agency may,in its sole discretion,waive the advance notice period and immediately terminate the website access
privileges of the Business Account,initiate a Card Block on the Business Cards issued to the Business Account,and
decline to accept and ful?ll any pending or new orders from the Business Account.In the event of such a termination
for convenience and not cause,the amounts due under this Agreement shall be calculated by the Lead Agency.(The
amounts due for the ORCA Passport Product and any optional products listed in Attachment 1 shall be the annual
amounts due prorated for the number of months during which the Passport Product and optional products were valid
for at least one day.)If the Business Account has not paid in full all of the amounts due under this Agreement as of the
termination date,the Business Account shall immediately pay the remaining amount due.If the Business Account has
paid more than all of the amounts due under this Agreement as of the termination date,the Business Account shall be
entitled to a refund of the excess it has paid.
13.3 Notwithstanding any termination of the Agreement,the Business Account shall remain liable to satisfy and
comply with all of its obligations under this Agreement and at law with regard to,or arising out of,any orders submitted
or any of its acts or omissions occurring prior to the effective date of the termination,including but not limited to paying
all amounts due or incurred prior to the effective date of the termination and any fees,charges,collection costs or other
costs arising from a failure to make timely and effective payment.
14.0 EXCLUSION OF WARRANTIES
14.1 ALL ORCA SERVICES PROVIDED ARE PROVIDED ON AN "AS IS"AND "AS AVAILABLE"BASIS.ANY USE
OF THE ORCA SERVICES IS AT THE BUSINESS ACCOUNT'S SOLE DISCRETION AND RISK.
14.2 BY WAY OF EXAMPLE,AND NOT LIMITATION,THE LEAD AGENCY AND EACH OF THE OTHER
AGENCIES SPECIFICALLY DO NOT REPRESENT AND WARRANT THAT:
A.THE BUSINESS ACCOUNT'S USE OF THE ORCA SERVICES WILL BE UNINTERRUPTED,TIMELY,
FREE FROM ERROR AND OTHERWISE MEETING ITS REQUIREMENTS;
B.ANY INFORMATION OBTAINED BY THE BUSINESS ACCOUNT AS A RESULT OF USING THE
ORCA SERVICES WILL BE ACCURATE AND RELIABLE;AND
C.ANY USE OF THE ORCA WEBSITES,INCLUDINGBUT NOT LIMITEDTO THE CONTENT OR
MATERIALDOWNLOADED FROM SAID WEBSITES,WILL BE FREE OF DEFECTS,VIRUSES,MALWARE,
HACKS OR POTENTIALLY HARMFUL INTRUSIONS.
14.3 TO THE EXTENT PERMITTED BY LAW,THE LEAD AGENCY AND EACH OF THE OTHER AGENCIES
DISCLAIMSALLWARRANTIES OF ANY KIND,EXPRESS OR IMPLIED,INCLUDINGBUT NOT LIMITEDTO:ANY
IMPLIEDWARRANTIES OF MERCHANTABILITYOR FITNESS FOR A PARTICULAR PURPOSE;ANY
WARRANTIES OF QUIET ENJOYMENT OR NON-INFRINGEMENT;AND ANY WARRANTIES CREATED BY TRADE
USAGE,COURSE OF DEALING,OR COURSE OF PERFORMANCE.
14.4 NO ADVICE OR INFORMATION,WHETHER ORAL OR WRITTEN,OBTAINED FROM THE AGENCIES OR
THE ORCA SYSTEM SHALL REVISE OR CREATE ANY WARRANTY.
15.0 NOTICES
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15.1 Any notice required to be given under the terms of this Agreement shall be directed either by email or regular
mail to the Parties’Designated Representatives,as speci?ed in Attachment 2,or to the last person and address
provided by a Party in accordance with Section 15.2.
15.2 Each Party shall immediately notify the other Parties of any changes to its Designated Representatives’
contact information.The Business Account shall also immediately notify the Lead Agency of any changes in any other
information provided in its application.
16.0 FORCE MAJEURE
The Agencies and each of them shall be relieved of any obligations under this Agreement to the extent they are
rendered unable to perform,or comply with such obligations as a direct or indirect result of a force majeure event,or
any other circumstance not within such party’s control,including,but not limited to,acts of nature,acts of civil or
military authorities,terrorism,?re or water damage,accidents,labor disputes or actions,shutdowns for purpose of
emergency repairs,or industrial,civil or public disturbances.
17.0 APPLICATION OF AGENCY FARES AND OTHER POLICIES
The purchase,distribution and use of Business Cards and ORCA Products by the Business Account and its
Cardholders,and access to and use of the ORCA websites,shall be subject to all applicable federal,state and local
law,regulations,ordinances,codes and policies,including but not limited to the ORCA Terms of Use and Privacy
Statement (posted on the ORCA websites and available in printed form upon request to the Lead Agency),and the
Agencies‘respective fares,transfer rules,codes of conduct and other operating policies and procedures.
18.0 PROHIBITED DISCRIMINATION
The Business Account shall not discriminate on the basis of race,color,sex,religion,nationality,creed,marital status,
sexual orientation,age,or presence of any sensory,mental,or physical handicap in the administration of its
transportation bene?ts program,the provision of ORCA Business Cards and ORCA Products,or the performance of
any acts under this Agreement.The Business Account shall comply fully with all applicable federal,state and local
laws,ordinances,executive orders and regulations which prohibit such discrimination.
19.0 COMPLIANCE WITH APPLICABLE LAW
The Business Account shall be solely responsible for compliance with all applicable federal,state and local laws,
regulations,resolutions and ordinances,including,but not limited to,any provisions relating to the Business Account's
provision of compensation,bene?ts or services to employees or others (e.g.including,but not limited to,transportation
fringe bene?ts)and any reporting,tax withholding,or other obligations related thereto.The Business Account expressly
acknowledges and agrees that it has not relied on any representations or statements by the Agencies and will not rely
on them to provide any legal,accounting,tax or other advice with regard to the Business Account's provision of
compensation,bene?ts or services to employees or others (e.g.including,but not limited to,transportation fringe
bene?ts)and any reporting,withholding or other obligations related thereto.
20.0 LEGAL RELATIONS
20.1 No Partnership,Agency or Employment Relationship Formed.The Business Account and the Agencies
are independent parties and nothing in this Agreement shall be construed as creating any joint venture,partnership,
agency or employment relationship between and among them or their respective employees.Without limiting the
foregoing,the Business Account understands and agrees that none of its employees or agents shall be deemed
employees or agent,for any purpose,of any of the Agencies and the Business Account is solely responsible for the
acts of its agents and employees and their compensation,wages,withholdings and bene?ts.
20.2 LIMITATIONON LIABILITY
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A.THE LEADAGENCY AND EACH OF THE OTHER AGENCIES SHALL NOT BE LIABLEFOR,AND
THE BUSINESS ACCOUNT HOLDS EACH AGENCY HARMLESS FROM,ANY LOSS OR DAMAGEARISING
OUT OF OR RELATED TO:
1.ANY RELIANCE PLACED BY THE BUSINESS ACCOUNT ON THE COMPLETENESS,
ACCURACY OR EXISTENCE OF ANY INFORMATION PROVIDED TO THE BUSINESS ACCOUNT
BY OR THROUGH THE ORCA SERVICES;
2.ANY CHANGES TO THE ORCA SERVICES OR THE TEMPORARY OR PERMANENT
CESSATION OF ANY SUCH SERVICES (OR FEATURES WITHINA SERVICE);
3.THE DELETION OF,CORRUPTION OF,OR FAILURE TO STORE,ANY INFORMATION MADE
AVAILABLETO THE BUSINESS ACCOUNT,OR GENERATED BY THE USE OF THE ORCA
SERVICES UNDER THIS AGREEMENT INCLUDING,BUT NOT LIMITEDTO,THE USE OF THE
ORCA BUSINESS CARDS ISSUED UNDER THIS AGREEMENT;
4.THE BUSINESS ACCOUNT'S FAILURE TO PROVIDE THE LEAD AGENCY WITH ACCURATE
ACCOUNT INFORMATION;AND
5.THE BUSINESS ACCOUNT'S FAILURE TO KEEP INFORMATION SECURE AND
CONFIDENTIAL.
B.THE LEAD AGENCY AND EACH OF THE OTHER AGENCIES SHALL NOT BE LIABLEFOR,AND THE
BUSINESS ACCOUNT HOLDS EACH AGENCY HARMLESS FROM,ANY INDIRECT,INCIDENTAL,
SPECIAL,CONSEQUENTIAL,OR EXEMPLARYDAMAGES INCURRED BY THE BUSINESS ACCOUNT
UNDER ANY THEORY OF LIAIBILITY,INCLUDINGBUT NOT LIMITEDTO LOSS OF USE,LOSS OF TIME,
LOSS OF PROFITS,LOSS OF PRIVACY,LOSS OF DATA,LOSS OF GOODWILL OR BUSINESS
REPUTATION,WHEN SUCH DAMAGES ARISE OUT OF,OR ARE RELATED TO,THIS AGREEMENT OR
THE ORCA SERVICES,WHETHER OR NOT ONE OR MORE AGENCIES HAS BEEN ADVISED OF,OR
SHOULD HAVE BEEN AWARE OF,THE POSSIBILITY OF ANY SUCH DAMAGES ARISING.
C TO THE EXTENT ONE OR MORE OF THE AGENCIES INCURS ANY LIABILITYFOR A BREACH OF
THIS AGREEMENT,OR ANY DUTY RELATED TO THE ORCA SERVICES,AND SUCH LIABILITYTHAT IS
NOT EXCLUDED UNDER THE TERMS OF THIS AGREEMENT,THE EXCLUSIVE,AGGREGATE REMEDY
AGAINST THE LEADAGENCY AND EACH OTHER AGENCY WILL BE,AT THE OPTION OF THE
APPLICABLE AGENCIES:(A)THE CORRECTION,SUBSTITUTION OR REPLACEMENT OF ALL OR PART
OF THE ORCA SERVICES GIVING RISE TO THE BREACH,OR (B)A REFUND OF THE AMOUNT PAID BY
THE BUSINESS ACCOUNT FOR THE ORCA SERVICE CAUSING THE DAMAGE,THE AMOUNT OF WHICH
WILL NOT EXCEED THE DAMAGES (OTHER THAN THOSE EXCLUDED ABOVE)ACTUALLY INCURRED
BY THE BUSINESS ACCOUNT IN REASONABLE RELIANCE.
THE DAMAGE EXCLUSIONS AND LIMITATIONS ON LIABILITYIN THE AGREEMENT SHALLAPPLY EVEN
IF ANY REMEDY FAILS FOR ITS ESSENTIAL PURPOSE.
20.3 No Waiver.The Business Account agrees that if the Lead Agency does not exercise or enforce any legal right
or remedy which is contained in the Agreement or under applicable law,this will not be taken to be deemed to be a
waiver or modi?cation of the Lead Agency's rights and remedies,and that those rights or remedies will still be available
to the Lead Agency.
20.4 Governing Law and Forum.This Agreement and all provisions hereof shall be interpreted and enforced in
accordance with,and governed by,the applicable law of the State of Washington and of the United States of America
without regard to its con?ict of laws provisions.The exclusive jurisdiction and venue for conducting any legal actions
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arising under this Agreement shall reside in either the Federal District Court or the State of Washington Superior Court,
as applicable,that is located in the county in which the Lead Agency's primary administrative of?ce is located.The
Business Account hereby consents to personal jurisdiction and venue in said courts and waives any right which it might
have to conduct legal actions involving the Agencies in other forums.
20.5 Attorneys’Fees and Costs.In the event of litigation between the parties related to this Agreement,the Court
is authorized to award the substantially prevailing party its costs,fees and expenses including reasonable attorney fees
to the extent authorized by the Court and permitted by applicable law.
20.6 Survival.Sections 4,5,9,14 and 20 shall survive and remain effective notwithstanding any termination of this
Agreement.
20.7 Use of ORCA name and logos.The Business Account understands and agrees that the "ORCA"name and
logos are trademarked and that it will not copy or use them and any other trade names,trademarks,service marks,
logos,domain names,and other distinctive features or intellectual property of the Agencies without written permission.
The Agencies understand and agree the Business Account name and logo may be trademarked and that it will not
copy or use them and any other trade names,trademarks,service marks,logos,domain names,and other distinctive
features or intellectual property of the Business Account without written permission.
21.0 SUCCESSORS AND ASSIGNS
This Agreement and all terms,provisions,conditions and covenants hereof shall be binding upon the parties hereto,
and their respective successors and assigns;provided,however,no Party may assign or delegate the duties performed
under this Agreement without the written agreement by the Lead Agency,the Business Account and the assignee.
22.0 ENTIRE AGREEMENT AND WRITTEN AMENDMENTS
This Agreement constitutes the entire agreement between the Business Account andthe Lead Agency,on behalf of all
Agencies,related to the Business Account's use of and access to ORCA Services (but excluding any services which
Lead Agency may provide under a separate written agreement),and completely replaces and supersedes any prior
oral or written representations or agreements in relation to fare media consignment and sales or to ORCA Services.No
oral agreements or modi?cations will be binding on the parties and any changes shall be effective only upon a written
amendment being signed by the parties.
23.0 SEVERABILITY
In the event any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable or
invalid,then the meaning of that provision shall be construed,to the extent feasible,to render the provision
enforceable,and if no feasible interpretation would save such provision,it shall be severed from the remainder of the
Agreement which shall remain in full force and effect unless the provisions that are invalid and unenforceable
substantially impair the value of the entire Agreement to any party.
24.0 AUTHORITY TO EXECUTE
Each party to this Agreement represents and warrants that:(i)it has the legal power and authority to execute and
perform this Agreement and to grant the rights and assume its obligations herein;and (ii)the person(s)executing this
Agreement below on the party's behalf is/are duly authorized to do so,and that the signatures of such person(s)is/are
legally sufficient to bind the party hereunder.
25.0 COUNTERPARTS
This Agreement may be executed in two (2)counterparts,each one of which shall be regarded for all purposes as one
original.
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IN WITNESS WHEREOF,the parties hereto,by their duly authorized representatives,have executed this Agreement
as of the Effective Date.
BUSINESSACCOUNT
City of Renton
LEADAGENCY
Armondo Pavone Ina Percival
Mayor Transit Supv -Service Dev
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Attachment 1
PRODUCTS,PRICING AND TERMS —BUSINESS PASSPORT FLAT RATE
Business Account:City of Renton
Business Account Federal Tax ID #:91-6001271
ORCA Business ID#:2480
Agreement Type:Renewal Contract
Program Term:March 01,2020 -February 28,2021
Business Pass -ort Flat Rate Products
°Valid for full fare and unlimited rides on:
0 Bus:Community Transit,Everett Transit,King County Metro,Kitsap Transit,Pierce Transit and
Sound Transit
0 Ferry:King County Water Taxi and Kitsap Local Ferries and Fast Ferries
0 Monorail
O Rail:Sound Transit Link light rail and Sound Transit Sounder (including Rail Plus partnership with
Amtrak Cascades)
0 Seattle Streetcar
0 Access Transportation:Service on King County Metro and Kitsap Transit
°Vanpool:100%fare subsidy on Community Transit,King County Metro,Kitsap Transit,and Pierce
Transit vanpool vans
°Vanshare:100%subsidy on Community Transit,King County Metro,Kitsap Transit and Pierce
Transit vanshare vans
°Guaranteed Ride Home:Up to eight rides home per employee.(For details,see Attachment 6
Emergency Guaranteed Ride Home,or call:425-450-4555)
Annual_,Rateper 0
*
Worksite Location Employeesia Em ch ee cost
King County Suburbs if if
1055 s Grad Wa ,Renton,WA 98057 $38712 $“5’361'76
Emergency Guaranteed Ride Home
Emergency guaranteed ride home service provides up to eight rides per employee.See Attachment 6.
$115,361.76
Vanpool and Vanshare Service
The vanpool/vanshare subsidy dollar amounts specified above are based on the estimated usage by Eligible
Employees of each included Agency’s vanpool/vanshare services.
°If the vanpool/vanshare dollar amount specified above is less than the amount due for actual usage by
Eligible Employees for any of the included Agency's vanpool/vanshare services under this Agreement,
the provider Agency may invoice the Business Account for the additional use.
°If the Business Account enters into a successor agreement to this Agreement,the difference between
the speci?ed amount above and the actual amount due each included Agency under this Agreement
will be calculated.An overpayment under this Agreement will be subtracted from the amount specified
in the successor agreement.A deficit under this Agreement will be added to the amount speci?ed in
the successor agreement,if the provider Agency did not submit a supplemental invoice.
'If this Agreement is terminated or expires without the Business Account entering into a successor
agreement,the difference between the specified amount above and the actual amount due each
included Agency under this Agreement will be calculated.An overpayment under this Agreement will
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be credited against any amount still due from the Business Account,or reimbursed by the provider
Agency if none is still due.A deficit under this Agreement shall become immediately due and payable
by the Business Account to the provider Agency.
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Business Pass -ort Flat Rate Pa ment Terms
°Net 60 days from start of program term
°Payment due per the above terms.Invoice will be sent by King County Finance.
Additional Information
Additional Card Orders
Durin the areement term additional cards can be ordered at the standard card fee onl .
Amount of Eligible Employee contribution
Note:employees may contribute up to 50%of the Annual Rate per Employee
1055 S Grad Wa ,Renton.WA 98057 jg
Business Choice Products
Choice Products purchased by the Business Account will be prepaid by check or credit card,at prevailing
retail rates.
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Attachment 2
DESIGNATED REPRESENTATIVES
susmsssAccouNT—Primary LEADAGENCY-’4
Name John Dan Hasty
Title Transportation Planner Project/Program Manager II
Busmesswame <>iwofRemon —
Address 3155SGmdy Way Rem”City Ha"'5"‘201 s Jackson St,KSC-TR-0326
Te'er>h°ne
E-Ma"
BUSINESSACiC°UNT-Secondary
Name
We —
BusinessName —
Address 3155SGrady Way Re”‘°”City Ha"'5”‘201 s Jackson St,KSC-TR-0326
Renton,WA 98057 Seattle,WA 98104
Telephone (425)430-6500 (206)477-3700
apavone@rentonwa.gov business.|eadagent@kingcounty.gov
i3ILLINieINI=oRMAT|oN
Name John Dan Hasty
Title Transportation Planner
Business Name City of Renton
Renton,WA 98057
Telephone (425)430-7217
jhasty@rentonwa.gov
ORCA Passport Agreement
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Attachment 3
ELIGIBLE BUSINESS CARDHOLDERS
Definition and Number of Eligible Participants
Definition of Eligible All benefit-eligible employees:
Participants 1055 S Grady Way,Renton,WA 98057
Number of Eligible
Participants
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Attachment 4
ORCA BUSINESS CARDHOLDER RULES OF USE
As a Business Account Cardholder,I agree to the following:
1.I understand that the ORCA Business Card is owned by the employer that provided it to me and it has been
provided to me for my personal use only.I agree that I will not sell or transfer my assigned ORCA Card to another
person.If I violate these terms of use,my ORCA Card may be blocked from further use.
2.I will keep my assigned ORCA Business Card secure and in good condition,and I will immediately report a lost,
stolen,or damaged ORCA Business Card to my company's Transportation Coordinator.I understand an ORCA
Business Card will be replaced at the fee charged by my company.
3.I will return my assigned ORCA Business Card upon request or when I leave my employment or otherwise do not
meet the eligibility requirements of my company.If I do not return my ORCA Business
Card,I understand that it may be blocked for further use.
4.I understand that my ORCA Business Card is valid for the following provided by the listed transportation Agencies.
a.100%of fares on regularly scheduled transportation service on Community Transit,Everett Transit,King
County Metro,King County Water Taxi,Kitsap Transit and Kitsap Ferries,Monorail,Pierce Transit,Sound
Transit,and Seattle Streetcar.
b.100%of vanpool and vanshare fares on vanpool services provided by Community Transit,Kitsap Transit,
Metro Transit,and Pierce Transit.
5.I understand and will comply with policies of my employer or other institution that provided my ORCA Business
Card.
6.I understand that the ORCA Business Card is not valid for fare payment on transportation services not speci?ed in
Section 4 and I am responsible for paying any additional fares required for services not covered,or not fully covered,
by my assigned ORCA Business Card.
7.I understand that any additional ORCA Products I load onto my assigned ORCA Card will become the property of
the company that owns my ORCA Business Card and the refund,if any,of such products will be made by the company
according to its refund policy.
8.I understand in the event any ORCA Products I load onto my assigned ORCA Card must be replaced,I am
responsible for any fares required during the replacement period.
9.I understand the ORCA system will record data each time I use my assigned ORCA Business Card.Data will
include the date,time and location of the card when it is presented.I understand this data is owned by the transit
Agencies and is accessible to the company that owns my ORCA Business Card.
10.I understand that the ORCA Card must be “tapped"on a card reader to show proof of fare payment or issuanceof
a valid fare.Merely showing the ORCA Card on a bus,train,ferry or light rail vehicle does not constitute proof of fare
payment or issuance of a valid fare.I will be subject to a ?ne if the ORCA Card is not "tapped,"and I understand I will
be personally responsible for any ?nes that may be imposed.
11.I understand that for the correct fare to be recorded,I must “tap”off on a card reader when exiting some transit
systems.For example,I must "tap"off when exiting from a Sounder train or Link light rail.
ORCA Passport Agreement
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I acknowledge the receipt of my ORCA Business Card,and understand and agree to the terms stated above on using
the ORCA Business Card.
Employee's Signature /Date
____________/
Employee's Printed Name I Date
Transportation Coordinator Use Only —ORCA Card returned:
Employee's Signature /Date
ORCA Card Seria|#
ORCA Passport Agreement
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Attachment 5
ORCA BUSINESS ACCOUNT SECURITY STANDARDS
1.0 Application Security
1.1 At the time the Business Account enters into the ORCA program,the Lead Agency will provide a single
Business Account user id and temporary password to the Business Account's Primary Contact (as speci?ed in
Attachment 2,Designated Representatives,to enable access to the Business Account's area of the Business Account
Vvebshe.
1.2 The Business Account shall immediately change the temporary password to a strong password that meets the
following criteria:
a.Length —At least eight (8)characters in length or the maximum length permitted by the ORCA
system,whichever is shorter.
b.Elements -Contains one each of at least three (3)of the following four (4)elements:
1.English upper case letters (A,B,C...)
2.English lower case letters (a,b,c...)
3.Westernized Arabic numbers:0,1,2...9
4.Special characters:(@,#,%...)
1.3 The Business Account shall restrict access to the ORCA Business Account Website by providing its user id and
password to only the emp|oyee(s)who have a business "need to know"and who are authorized by the Business
Account as "system user(s)".
1.4 Access to the ORCA Business Account Website is restricted to the purpose of authorized administrative support
for the ORCA Business Account program
1.5 The Business Account's password shall be changed at least quarterly but also immediately upon (a)a system
user leaving the Business Account's employment or othenNise losing his/her status as an authorized user;and (b)the
Business Account learning that the password has been obtained by unauthorized persons or entities.
1.6 The Business Account's Primary Contact will review security policies and guidelines with system users at least
quane?y.
2.0 Physical Security
2.1 The Business Account shall require system users,when not at their workstations,to log off the Business
Account Website,or lock their screen using a password protected screen-saver in order to prevent unauthorized
access.
2.2 ORCA card stock shall be kept in a secure/locked location with access limited to those administering the
program.
2.3 The Business Account shall require its employees to keep printed reports containing account information in a
secure location.
3.0 Incident Management
3.1 The Business Account shall report any security incident or suspected incident immediately to the Lead Agency.
Examples of possible security incidents would be:introduction of computer viruses,unauthorized transactions or
blocked cards,or lost or stolen card stock.
ORCA Passport Agreement
City of Renton -BAID:2480 Page 20 of 23March1,2020 -February 28,2021
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Attachment 6
HOME FREE GUARANTEE PROGRAM
Home Free Guarantee (hereinafter,“HFG")is a King County program that guarantees payment for taxi fares incurred by Eligible
Employees who meet the eligible criteria,as set forth below,and taken in accordance with the terms set forth below.HFG is the
emergency guaranteed ride home service mentioned in Attachment 1 of the ORCA Business Passport Agreement.
1.0 DEFINITIONS
1.1 Approved Commute Modes
Eligible Employees must have commuted from their principal residence,transit center,or park &ride lot to the Business Account's
worksite by one of the following modes:bus,train,carpool,vanpool,walk-on or bicycle-on ferry,bicycle,or walk.
1.2 Eligible Reasons For Using HFG
The following are eligible reasons for using HFG:
a.Eligible Employee's or family member’s unexpected illness or emergency.
b.Unexpected schedule change such that the normal commute mode is not available for the return commute to the starting
place of their commute.Unexpected means the employee learns of the schedule change that day.
c.Missing the emp|oyee’s normal return commute to the starting place of their commute for reasons,other than weather or
acts of nature which are beyond the employee's control,and of which they had no prior knowledge.For example,the
employee's carpool driver left work or worked late unexpectedly.
1.3 Non-Eligible Reasons For Using HFG
Reasons which are not eligible for HFG use include,but are not limited to,the following:
a.Pre-scheduled medical or other appointments.
b.To transport individuals who have incurred injury or illness related to their occupation.An HFG ride should NEVER be
used where an ambulance is appropriate,nor should an HFG ride replace Business Account's legal responsibility under
workers’compensation laws and regulations.
c.Employee termination or reductions in force.
d.Other situations where,in the opinion of the Business Account's Program Coordinator,alternate transportation could have
been arranged ahead of time.
1.4 Eligible Destinations For An HFG Ride
a.From the Business Account's worksite to the Eligible Employee’s principal place of residence.
b.From the Business Account's worksite to the Eligible Emp|oyee’s personal vehicle,e.g.vehicle located at a transit center
or park &ride lot.
c.From the Business Account's worksite to the Eligible Employee's usual commute ferry terminal on the east side of Puget
Sound.
1.5 Intermediate Stops
Intermediate stops are permitted only if they are of an emergency nature and are requested in advance by the Eligible Employee
and are authorized in advance of the HFG ride by the Business Account's Program Coordinator (i.e.pick up a necessary
prescription at a pharmacy;pick up a sick child at school).
2.0 BUSINESS ACCOUNT RESPONSIBILITIES
2.1 HFG Program Payment
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Business Account's payment for HFG services is accounted for in the base price of the ORCA Business Passport Agreement,as
indicated in Attachment 1.
2.2 Program Coordinator
Business Account shall designate as many Program Coordinators as necessary to administer and perform the necessary HFG
program tasks as set forth in this Attachment.
2.3 Number Of HFG Rides Per Eligible Employee
Business Account shall ensure that each Eligible Employee does not exceed eight (8)HFG rides per twelve (12)month period.
2.4 Access to Service
Business Account shall make information about how to access HFG rides available to all Eligible Employees.
3.0 HFG PROGRAM TASKS
3.1 Process
To access HFG rides,Eligible Employees shall contact the Program Coordinator.The Program Coordinator shall call directly an
answering service provider,contracted for by King County.The phone number is 425-450-4555.Program Coordinator shall screen
and obtain the following information from the Eligible Employee,and provide the information to the answering service provider as
part of arranging the taxi ride for the Eligible Employee.
a.Verify the Eligible Employee has commuted to the worksite by an eligible mode.
b.Verify the Eligible Employee has an eligible reason and eligible destination for an HFG ride.
3.2 Reporting
a.Once an Eligible Employee takes the emergency taxi ride,obtain from the Eligible Employee a completed receipt of the
taxi trip.
b.Business Account’s Program Coordinator shall forward copies of such receipts to King County at the end of each month
for record keeping and accounting purposes.
4.0 KING COUNTY RESPONSIBILITIES
4.1 Participating Taxi Business Account(s)
Business Account agrees that neither King County nor answering service provider is responsible for providing transportation
services under the HFG program.Business Account further agrees that King County makes no guarantee or warranty as to the
availability,quality or reliability of taxi service,and that King County's sole obligation under the program is to make payment of the
taxi provider for trips actually taken in accordance with the terms of this Agreement.Business Account agrees it shall make no
claims of any kind or bring any suits of any kind against King County for damages or injuries of any kind arising out of or in any way
related to the HFG program.Without limiting the foregoing and by way of example only,the Business Account agrees that King
County shall not be liable for any injuries or damages caused by negligence or intentional acts occurring before,during or after a taxi
ride or for any injuries or damages caused by failure of a taxi to provide a ride due to negligence,intentional acts or causes beyond
the taxi’s control,including but not limited to incidence of fire,?ood,snow,earthquake or other acts of nature,riots,insurrection,
accident,order of any court or civil authority,and strikes or other labor actions.
4.2 Payment Of Authorized HFG Taxi Fares
King County shall pay the metered fare amount of a Business Account’s Program Coordinator-authorized HFG ride,as de?ned in
the DEFINITIONS section above,for a one-way distance of up to sixty (60)miles.Business Account or Eligible Employee taking the
ORCA Passport Agreement
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HFG ride shall pay any fare for a one-way distance in excess of sixty (60)miles.King County shall not pay anytaxi driver
gratuity.Taxi driver gratuity willbe at the sole discretion of Business Account or the Eligible Employee taking the HFG ride.
4.3 Reporting
King County shall keep a complete record of all authorized HFG ride requests and provide a copy of this record to Business
Account's designated Contact Person if requested.
4.4 Program Abuse
King County reserves the right to investigate and recover costs from the Business Account of intentional abuse of the HFG program
by Eligible Employees.Program abuse is defined as,but not limited to,taking more than the maximum eight rides per agreement
period,taking trips for inappropriate reasons,unauthorized destinations and intermediate stops,and pre-scheduled appointments
not de?ned in the DEFINITIONS section above.
ORCA Passport Agreement
City of Renton -BAID:2480 page 23 of 23
March 1,2020 -February 28,2021
AGENDA ITEM #6. e)
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Armondo Pavone
apavone@rentonwa.gov
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Ina Percival
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jhasty@rentonwa.gov
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AGENDA ITEM #6. e)
AB - 2592
City Council Regular Meeting - 24 Feb 2020
SUBJECT/TITLE: Local Agency Agreement Supplement No. 1 to CAG-15-006 with the
Washington State Department of Transportation for the Rainier
Avenue South Corridor Improvements Phase 4 Project
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Transportation Systems Division
STAFF CONTACT: Michelle Faltaous, Project Manager
EXT.: 7301
FISCAL IMPACT SUMMARY:
The total project budget is $20,300,000. The grant revenue secured to date is $10,100,000, which includes
design, right-of-way and construction of the Rainier Avenue South Corridor Improvements Phase 4 project.
This amount includes a grant for right-of-way for $3,000,000 and a City share of $500,000. The project budget
is sufficient for the right-of-way phase.
SUMMARY OF ACTION:
The Rainier Avenue South Corridor Improvements Phase 4 project was awarded a $2,600,000 Surface
Transportation Program (STP) grant for Design in 2014. The project was recently selected for another (STP)
grant in the amount of $3,000,000 for the right-of-way phase of the project. The attached Local Agency
Agreement Supplement with the Washington State Department of Transportation (WSDOT) is required in
order to obligate the additional grant funding.
The Rainier Avenue South Corridor Improvements Phase 4 project (TIP #22), continues the infrastructure
improvements to the Rainier Avenue South corridor. The approximate project area limits of Phase 4 are
between South 3rd Street and NW 3rd Place. Similar to Phase 3, this new phase includes infrastructure
improvements for enhanced transit mobility and improved traffic and pedestrian safety. Project elements
include sidewalk widening with streetscaping, adding a pedestrian actuated traffic signal, upgrading existing
traffic signals, planted buffer strips and landscaped medians.
EXHIBITS:
A. Local Agency Agreement Supplement
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the Local Agency Agreement Supplement No. 1 to CAG -15-006
with the Washington State Department of Transportation for the obligation of grant funding and all
subsequent agreements necessary to accomplish the Rainier Avenue South Corridor Improvements Phase 4
project.
AGENDA ITEM #6. f)
4 _'7,was'“"9t°"state Local Agency Agreement SupplementDepartmentofTransportation
Agency SupplementNumber
FederalAidProjectNumber AgreementNumber CFDANo,20,205
The Local Agency requests to supplement the agreement entered into and executed on 01/28/2015
All provisions in the basic agreement remain in effect except as modi?ed by this supplement.
The Local Agency certi?es that it is not excluded from receiving Federal funds by a Federal suspension or debarment
(2 CFR Part 180).Additional changes to the agreement are as follows:
Project Description
Name Rainier Ave S Corridor Improvements -Phase 4 Length 0.5 miles
Termini S 3rd St (SR 900)to NW 3rd Pl
Description of Work /No Change
Phase 4 will extend improvements from S 3rd St (SR 900)to approximately 1,000 feet north of Airport Way.Improvements include
extending a southbound BAT lane from S 2nd St to S 3rd St -see attached Exhibit A for continuation.1
Reason for Supplement
Obligating subsequent phase of project (right-of-way).
Are you claiming indirect cost rate?E|Yes /No Project Agreement End Date 12/31/2026
Does this change require additional Right of Way or Easements?ElYes /No Advertisement Date:N/A
Estimate of Fundin -
(1)(3)(4)(5)Type of work Previous Su (|2e)mentEstimatedTotal EstimatedAgency EstimatedFederal
A reement/Sua oI.pp Pro'ectFunds Funds Funds
PE
Cy0
b_.her Consultant
c_other Non—Participation
d.State
_e.TotalPE Cost Estimatea+b+c+d
R8'g“‘°‘WaY.5 °'/0 _other Consultant
:e:‘?r_a|‘£:_i:.0 her Aquisition
3 '°"’a'"
RatioforRW 1-State
'.TotalR/WCostEstimatef +Jn+i
k.Contract
l.Other A
—
The Local Agency further stipulates that pursuant to said Title 23,regulations and policies and procedures,and as a
condition to payment of the Federal funds obligated,it accepts and will comply with the applicable provisions.
FederalAid
Participation
RatioforPE
'.§l‘||S4.5.iiiiiiiiiiillllllillrF5
Construction
%
FederalAid
Participation
RatioforCN
ii|lllEE§lI|
lilI||
.iilllllinilllillll
Agency Official Washington State Department of Transportation
By By
Title Director,Local Program
Date Executed
DOT Form 140-041 .Page 1
Revised 03/2019
AGENDA ITEM #6. f)
Agency .SupplementNumber
City of Renton 1
FederalAidProjectNumber AgreementNumber CFDANo,20,205
STPUL-l6l5(O05)LA 8536 (Catalogof FederalDomesticAssistance)
VI.Payment and Partial Reimbursement
The total cost of the project,including all review and engineering costs and other expenses of the State,is to be paid
by the Agency and by the Federal Government.Federal funding shall be in accordance with the Federal Transportation
Act,as amended,2 CFR Part 200.The State shall not be ultimately responsible for any of the costs of the project.The
Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal
Government.Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal
participation in this project.
The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws.
The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred
costs.Expenditures by the Local Agency for maintenance,general administration,supervision,and other overhead
shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with
the regulations outlined in 2 CFR Part 200 -Uniform Admin.Requirements,Cost Principles and Audit Requirements for
Federal Awards,and retained for audit.
The State will pay for State incurred costs on the project.Following payment,the State shall bill the Federal Government
for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly
allocable to this project.The State shall bill the Agency for that portion of State costs which were not reimbursed by the
Federal Government (see Section IX).
VII.Audit of Federal Consultant Contracts
The Agency,if services of a consultant are required,shall be responsible for audit of the consultant's records to determine
eligible federal aid costs on the project.The report of said audit shall be in the Agency's ?les and made available to the
State and the Federal Government.
An audit shall be conducted by the WSDOT Internal Audit Of?ce in accordance with generally accepted governmental
auditing standards as issued by the United States General Accounting Of?ce by the Comptroller General of the United
States;WSDOT Manual M 27-50,Consultant Authorization,Selection,and Agreement Administration;memoranda of
understanding between WSDOT and FHWA;and 2 CFR Part 200.501 -Audit Requirements.
If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred,the
Agency shall reimburse the State for the amount of such overpayment or excess participation.
IX.Payment of Billing
The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project (e.g.,
State force work,project cancellation,overpayment,cost ineligible for federal participation,etc.)is not made to the State
within 45 days after the Agency has been billed,the State shall effect reimbursement of the total sum due from the regular
monthly fuel tax allotments to the Agency from the Motor Vehicle Fund.No additional Federal project funding will be
approved until full payment is received unless otherwise directed by the Director,Local Programs.
Project Agreement End Date -This date is based on your projects Period of Performance (2 CF R Part 200.309).
Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement.All eligible costs
incurred prior to the Project Agreement End Date must be submitted for reimbursement within 90 days after the Project
Agreement End Date or they become ineligible for federal reimbursement.
vm.Single Audit Act
The Agency,as a subrecipient of federal funds,shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as
well as all applicable federal and state statutes and regulations.A subrecipient who expends $750,000 or more in federal
awards from all sources during a given ?scal year shall have a single or program-speci?c audit performed for that year in
accordance with the provisions of 2 CFR Part 200.501.Upon conclusion of the audit,the Agency shall be responsible for _
ensuring that a copy of the report is transmitted promptly to the State.
XVII.Assurances
Local Agencies receiving Federal funding from the USDOT or its operating administrations (i.e.,Federal Highway
Administration,Federal Transit Administration,Federal Aviation Administration)are required to submit a written policy
statement,signed by the Agency Executive and addressed to the State,documenting that all programs,activities and
services will be conducted in compliance with Section 504 and the Americans with Disabilities Act (ADA).
DOT Form 140-041 Page 2
Revised 03/2019
AGENDA ITEM #6. f)
Q
Vi :.':...':':'.'.*:.';..r'.?.*.":........t......
Federal Aid Number:STPUL-1615 (005)
Agreement Number :LA 8536
Project Title :Rainier Ave S Corridor Improvements -Phase 4
Supplement Number:1
Estimate of Funding
Type of Work (1)(2)(3)(4)(5)
PREVIOUS AGREEMENTI SUPPLEMENT ESTIMATEDTOTAL ESTIMATED ESTIMATED
SUPPLEMENT PROJECT FUNDS AGENCY FUNDS FEDERALFUNDS
..a.Agency:‘
86.5%t».consultant
_
eaaatautn e.Consultant(Non-Participate)‘-
e.Consu|tant(StateFunds)
_
a other —-
e TotaIPE costEst.<atnrue>iii
Right ofway t Agency --
ae.s%9 otner-consuttant —
Feaeratnta n other-Acautsttton —
t otnet-Agency
_
eanaatpatton 'state ——
Ratio tot Rw Totat R/W cost Est.0 thru t'>Ti
construction contract ——_—_
contract (state Funds)_————
Contract(Non-Participation)_———-
%consuttant (cm Non Participant)_————
eaaeratnte at Consu|tant(CMSTPUS)———_—
eantetnatten n state.<:~‘»ta_tt=Em<t_st ——“—
Ratto tot c~Total Const.cost Est.(k tnru rt)—————
AGENDA ITEM #6. f)
Exhibit A to Supplemental LocalAgency Agreement (STPUL-1615(005)/LA8536)—Rainier Ave S
Corridor Improvements -Phase 4 Description of Work (continued):
......pedestrian improvements with street scaping,segment of a regional ped/bike path trail (Lake
Washington Loop Trail)from Airport Way to 1,000 feet north of Airport Way,installation of a pedestrian
actuated traffic signal (Hawk),pedestrian scale illumination,transit facility upgrades,access
management,new traffic signal and upgrades of existing traffic signals.
AGENDA ITEM #6. f)
AB - 2594
City Council Regular Meeting - 24 Feb 2020
SUBJECT/TITLE: Project Acceptance: CAG-19-034 with Equity Builders, LLC for the Lift
Station and Force Main Improvements Project Phase 1A
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Utility Systems Division
STAFF CONTACT: Michael Benoit, Wastewater Utility Project Manager
EXT.: 7206
FISCAL IMPACT SUMMARY:
The original contract amount was $996,545 and the final amount is $1,057,753.66, an increase of $61,208.66.
This increase was due to additional work needed to install a substitute generator (original generator was no
longer available), additional asphalt paving and minor additional electrical work requested the city.
The contract was fully funded through the Wastewater Utility (426.465508, 426.465516) and Surface Water
Utility (427.475506) Capital Improvement Program budgets for the Lift Station and Force Main Improvements
Project. There is sufficient funding in the budget to cover the project costs. The remaining budget is suff icient
to cover the construction, engineering and staff costs for Phase 1B.
SUMMARY OF ACTION:
The Lift Station and Force Main Improvements Project Phase 1A was awarded to Equity Builders, LLC on March
18, 2019. Construction began on April 22, 2019 and work was complete on December 31, 2019.
The project consisted of various improvements to lift stations and force mains to increase operational
efficiency and reliability, and provide improved inspection and maintainability. The majority of the work was
on sanitary sewer facilities. Work also included installation of updated telemetry panels at two storm water
pump stations.
EXHIBITS:
A. Notice of Completion of Public Works Contract
STAFF RECOMMENDATION:
Accept the Lift Station and Force Main Improvements Project Phase 1A CAG-19-034 with Equity Builders, LLC
and authorize the release of retainage after 60 days once all required releases from the state have been
obtained.
AGENDA ITEM #6. g)
Revised #
Assigned to:
UBI Number:
Yes No
Yes
Contractor's Name
Date:Contractor's UBI Number:
Date Work Accepted
Federally funded transportation project?
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
Description of Work Done/Include Jobsite Address(es)
Affidavit ID*
No (if yes, provide Contract Bond Statement below)
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
Project Name
Date Assigned:
Job Order Contracting
Date Contract Awarded
Telephone #
Bond Number:
Retainage Bond Contract/Payment bond (valid for federally funded transportation projects)
Name:
Department Use Only
Original
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
Were Subcontracters used on this project? If so, please complete Addendum A. Yes No
$
$$
$$
$$
$
$$
Contact Name:Title:
F215-038-000 04-2014
Email Address:Phone Number:
p
Additions ( + )
Amount Retained
REV 31 0020e (4/28/14)
Amount of Sales Tax
Contract Amount
Sub-Total
Reductions ( - ) Amount Disbursed
TOTAL
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
Comments:
(If various rates apply, please send a breakdown)
NOTE: These two totals must be equal
p
Affidavit ID* - No L&I release will be granted until all affidavits are listed.
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
V e(//)
AGENDA ITEM #6. g)
Subcontractor's Name:UBI Number: (Required)Affidavid ID*
Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed.
Addendum A: Please List all Subcontractors and Sub-tiers Below
This addendum can be submitted in other formats.
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 (04/28/14)F215-038-000 04-2014
AGENDA ITEM #6. g)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING
ADOPTION OF AND CONTRIBUTIONS TO THE HEALTH REIMBURSEMENT
ARRANGEMENT/ VOLUNTARY EMPLOYEES’ BENEFICIARY ASSOCIATION (“HRA
VEBA”) PLANS.
WHEREAS, RCW 35A.11.020 vests the City Council with the power to fix compensation
and working conditions and establish retirement and pension systems, of City employees; and
WHEREAS, the Internal Revenue Code Section 501(c)(9) allows for the creation of a
voluntary employees’ beneficiary association (VEBA) which is a tax-exempt health and welfare
trust; and
WHEREAS, pursuant to Internal Revenue Code Section 501(c)(9), a VEBA shall consist of
employees who have an employment-related common bond, including coverage under a
collective bargaining agreement or membership in a labor union ("defined employee group");
and
WHEREAS, IRS regulations and guidelines allow an employer to offer health
reimbursement arrangement (HRA) plans; and
WHEREAS, such HRA plans are available to governmental employers in the Northwest;
and
WHEREAS, the Voluntary Employees’ Beneficiary Association Trust for Public Employees
in the Northwest (“Trust”) offers and will administer two HRA VEBA plans (collectively the
“Plans”) as amended and restated: the Standard HRA Plan, which shall be integrated with the
City’s or another qualified group health plan and which shall accept Employer contributions on
AGENDA ITEM # 8. a)
RESOLUTION NO. _______
2
behalf of eligible employees who are enrolled in or covered by such qualified group health plan
and any other contributions that may be permitted under applicable law from time to time; and
the Post-separation HRA Plan, which shall accept contributions on behalf of eligible employees,
including eligible employees who are not enrolled in or covered by the Employer’s or another
qualified group health plan, and which shall provide benefits only after a participant separates
from service or retires; and
WHEREAS, the City desires to use the services of the Trust to administer such Plans; and
WHEREAS, the City has determined that it is in the best interest of the City and its
employees to establish the Plans, which provide tax-free, defined contribution accounts for
employees to reimburse qualified medical, dental, vision and tax qualified long-term care
premiums and non-covered healthcare expenses of the employees and their qualified
dependents; and
WHEREAS, the City has established the Plans for members of the defined employee group
of the Renton Police Officers' Guild as of January 2020, based on its collective bargaining
agreement with the City; and
WHEREAS, the City desires to extend access to the Plans for additional contributions and
participation by other defined employee groups;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The City Council grants authority to the Mayor, or designee, to approve all
necessary agreements and take other appropriate actions to adopt the HRA Plans offered and
administered by the Trust.
AGENDA ITEM # 8. a)
RESOLUTION NO. _______
3
Section II. The Mayor, or designee, is authorized to make City contributions to the Plans
for the benefit of employees who belong to represented or unrepresented defined employee
groups which have agreed to have benefits contributed in lieu of amounts employees would
otherwise receive in another form of compensation.
PASSED BY THE CITY COUNCIL this ______ day of _____________________, 2020.
______________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this ______ day of _____________________, 2020.
______________________________
Armondo Pavone, Mayor
Approved as to form:
______________________________
Shane Moloney, City Attorney
RES.1831:12/9/19
AGENDA ITEM # 8. a)
I, the undersigned City Clerk of the City of Renton,
Washington, certifies that this is a true and correct
copy of Ordinance No. __________. Subscribed and
sealed this ______ day of ____________, 2020.
_________________________________________
Jason A. Seth, CMC, City Clerk
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
ESTABLISHING THE LATECOMER ASSESSMENT FOR THE SUNSET LANE
NE IMPROVEMENT PROJECT, PROVIDING FOR SEVERABILITY, AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Renton (“City”) is divided into separate community
planning areas, including the Sunset sub‐area within the Renton Highlands (“Sunset
Area”); and
WHEREAS, the City established a Sunset Area community revitalization program
and adopted the Sunset Area Community Investment Strategy in order to prioritize
additional public investment in the Sunset Area and leverage public investment and
create opportunities for affordable housing, plus retail investment; and
WHEREAS, as a part of the Sunset Late NE Improvement Project (“Project”) the
City has installed certain utility systems and appurtenances thereto it elected to install
as a result of Ordinance No. 5783, adopted by the Renton City Council on February 1,
2016 (“Ordinance No. 5783"), at, near, or within the described property in the Sunset
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
2
Area and has connected same to the City’s utility system so that such improvements
now are an integral part thereof; and
WHEREAS, the owners of record of the Benefited Properties listed in Exhibit C
received a Notice of Potential Assessment, which was mailed on March 29, 2016, and
no appeal was filed within twenty (20) days of the date the notice was mailed; and
WHEREAS, the Renton City Council adopted Resolution No. 4289 on June 13,
2016 establishing the Sunset Area latecomer boundary area and latecomer assessment
methodology; and
WHEREAS, as a part of the Project, the City has installed certain street
improvements and appurtenances thereto it elected to install as a result of Ordinance
No. 5783, which required the improvements as a prerequisite to further development
and redevelopment in the Sunset Area, at, near, or within the described property; and
WHEREAS, no other property owners or users have shared in the cost and
expense of construction of such improvements, and pursuant to the provisions and
terms of Chapter 35.91 RCW (the Municipal Water and Sewer Facilities Act), specifically
RCW 35.91.020 (Contracts with owners of real estate for water or sewer facilities—
Requirements—Financing—Reimbursement of costs), and Chapter 35.72 RCW
(Contracts for Street, Road, and Highway Projects) and Renton Municipal Code (“RMC”)
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
3
chapter 9‐5 (Utility and Street Latecomer’s Agreements), the City wishes to recapture a
portion of its investments in the installation of the improvements; and
WHEREAS, the City has paid all the costs and expenses for the installation of said
improvements; and
WHEREAS, the Renton City Council held first reading of this ordinance on
_________________ and directed staff to send Notice of Final Assessment to the
owners of record of the Benefited Properties listed in Exhibit C; and
WHEREAS, the owners of record of the Benefited Properties listed in Exhibit C
received a Notice of Final Assessment, which was mailed on _______________, and no
appeal was filed within twenty (20) days of the date the notice was mailed;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,
DO ORDAIN AS FOLLOWS:
SECTION I. The Renton City Council hereby establishes the assessments
described herein, to recapture a portion of the City’s investments in the installation of
the Project improvements (“Latecomer Assessment”).
SECTION II. At the time of preliminary approval by the Renton City Council,
the City has not assigned any rights to collect the Latecomer Assessment described
herein to any other party.
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
4
SECTION III. The City has installed the following described improvements, to
wit:
A. Water: Approximately 2,324 feet of 12‐inch water main, and nine (9)
fire hydrants and related appurtenances, in Sunset Lane NE, NE 10th Street, Glennwood
Avenue NE, and in Harrington Avenue NE;
B. Sewer: approximately 1,713 feet of 12‐inch sewer main, and all
appurtenances, in Sunset Lane NE and NE 10th Street; and
C. Transportation (Street Improvements): Approximately 2,000 linear
feet of two‐lane roadway, 2,200 linear feet of sidewalk, 3,400 linear feet of curb/gutter,
together with a drainage system, street lights and relocating/undergrounding
power/natural gas/cable TV/telephone services in Sunset Lane NE, NE 10th Street and
Harrington Avenue NE;
and such installation made according to plans and specifications approved by the City of
Renton Community and Economic Development and Public Works Departments, made
in full compliance with the City’s obligations under this ordinance, and all applicable
codes and regulations of the City of Renton.
Said improvements are fit for the use for which they are intended.
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
5
SECTION IV. All expenses and claims in connection with the construction and
installation of the improvements, whether for labor or materials or both, have been paid
in full, all at the City’s expense.
SECTION V. The legal descriptions of the Benefited Properties which comprise
the latecomer boundary area (“Benefited Property”) are attached hereto as Exhibit A.
The maps showing the latecomer boundary for the water, sewer, and transportation
portions, respectively, are attached hereto as Exhibits B1, B2, and B3. The Combined
Final Assessment Roll detailing the Benefited Properties’ legal descriptions and the
amount of the assessment for each property is attached hereto as Exhibit C.
SECTION VI. Costs of Construction:
A. The total cost of the water portion of said utility systems construction as
herein above specified is $464,551.95; and
B. The total cost of the sewer portion of said utility systems construction as
herein above specified is $429,868.77; and
C. The total cost of the transportation/street improvements construction as
herein above specified is $5,293,871.25.
SECTION VII. Water Portion of Utility Systems Construction:
A. Cost and Pro Rata Reimbursement: The total amount of the cost of the water
portion of said utility systems construction shall be employed to determine the pro rata
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
6
reimbursement to the City by any owner of real estate who did not contribute to the
original cost of such improvement, and triggers the assessment as specified in
subsection VII.B, below, all subject to the laws and ordinances of the City of Renton and
the provisions of this ordinance:
Total cost associated with the water portion
of the utility systems construction:
$464,551.95
The method of assessment to be used: Per linear foot
The affected Benefited Properties:
Parcels # 1, 2, 3, 4, 5, 7, 8,
9, 10, 11, 12, 13, 14 and 15
The pro rata cost per front‐foot: $132.02112
The total assessable front‐footage : 3,519.77 linear feet
The portion the City has previously paid: $166,994.83 (for Parcel #
1)
The portion of the total cost that may be
reimbursed to the City:
$297,557.12
B. Criteria for Triggering of Water portion of Latecomer Assessment: The
Latecomer Assessment established by this ordinance related to the water portion of the
utility systems construction will be triggered when a Benefited Property within the
latecomer boundary area that is receiving water service from the existing water mains
is developed and/or redeveloped, such that the development and/or redevelopment of
the property requires fire flow demand which exceeds 1,500 gallons per minute (which
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
7
was the water system capacity before the water main improvements). The Benefited
Properties may be sold or change hands without activating the assessment.
C. Payment is due:
1. Prior to the issuance of a building permit; or
2. Pursuant to a restrictive covenant or agreement with the City of Renton;
however, in all cases prior to the issuance of a certificate of occupancy (either temporary
or final).
SECTION VIII. Sewer Portion of Utility Systems Construction:
A. Cost and Pro Rata Reimbursement: The total amount of the cost of the sewer
portion of said utility systems construction shall be employed to determine the pro rata
reimbursement to the City by any owner of real estate who did not contribute to the
original cost of such improvement, and triggers the assessment as specified in
subsection VIII.B, below, all subject to the laws and ordinances of the City of Renton and
the provisions of this ordinance.
Total cost associated with the sewer
portion of the utility systems construction:
$429,868.77
The method of assessment to be used: Per linear foot
The affected Benefited Properties:
Parcels # 1, 2, 3, 4, 5, 8
and 9
The pro rata cost per front‐foot: $159.04984
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
8
The total assessable front‐footage: 2,702.73 linear feet
The portion the City has previously paid: $225,041.21 (for Parcel
# 1)
The portion of the total cost that may be
reimbursed to the City:
$204,827.56
B. Criteria for Triggering of Sewer portion of Latecomer Assessment: The
assessment established by this ordinance related to the sewer portion of the utility
systems construction will be triggered when a property within the latecomer boundary
area that is not connected to a City sewer facility connects to the sewer system
associated with the latecomer boundary area, or that as part of development and/or
redevelopment would be required to install sewer facilities across its frontage, as
required RMC 4‐6‐010. The Benefited Properties may be sold or change hands without
activating the assessment.
C. Payment is due:
1. Prior to the issuance of a building permit; or
2. Pursuant to a restrictive covenant or agreement with the City of Renton;
however, in all cases prior to the issuance of a certificate of occupancy (either temporary
or final).
SECTION IX. Transportation/Street Improvement Construction:
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
9
A. Cost and Pro Rata Reimbursement: The total amount of the cost of the street
improvement construction shall be employed to determine the pro rata reimbursement
to the City by any owner of real estate who did not contribute to the original cost of
such improvement, and triggers the assessment as specified in subsection IX.B, below,
all subject to the laws and ordinances of the City of Renton and the provisions of this
ordinance.
Total cost associated with the street
improvement construction:
$5,293,871.25
The method of assessment to be used: Per linear foot
The affected Benefited Properties:
Parcels # 1, 2, 3, 4, 5, 6, 8
and 9
The pro rata cost per front‐foot: $1,673.18904
The total assessable front‐footage (linear
feet):
3,033.49 linear feet
(consisting of 1,414.91
linear feet for Parcel # 1
and 1,618.58 linear feet for
Parcels # 2, 3, 4, 5, 6, 8,
and 9)
The portion the City has previously paid: $2,585,680.93
[$2,367,411.90 pro rata
share + $218,269.03 costs
absorbed by the City] +
$230,431.59 (for Parcels #
1 and 6)
The portion of the total cost that may be
reimbursed to the City:
$2,477,758.73
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
10
B. Criteria for Triggering of Street portion of Latecomer Assessment: The
assessment established by this ordinance related to the street improvement
construction will be triggered when a property within the latecomer boundary area is
developed and/or redeveloped, such that the development and/or redevelopment of
the property generates new weekday trips. The Benefited Properties may be sold or
change hands without activating the assessment.
C. Payment is due:
1. Prior to the issuance of a building permit; or
2. Pursuant to a restrictive covenant or agreement with the City of Renton;
however, in all cases prior to the issuance of a certificate of occupancy (either temporary
or final).
SECTION X. It is hereby found and determined that the construction and
installation of said utility systems and street improvements are in the public interest.
SECTION XI. The City reserves the right, without affecting the validity or terms
of this ordinance, to make or cause to be made extensions to or additions of the above
improvements and to allow service connections to be made to said extensions or
additions, without liability on the part of the City.
SECTION XII. The Latecomer Assessment established by this ordinance, as it
pertains to the water and sewer utility construction latecomer assessments, and the
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
11
assessments described herein, shall be valid for a period of twenty (20) years, unless the
City Council agrees to extend it or the assessments in accordance with RCW 35.91.020(4)
as it exists or is hereinafter amended.
SECTION XIII. The Latecomer Assessment established by this ordinance, as it
pertains to the street improvement construction latecomer assessments, and the
assessments described herein, will remain valid for a period of fifteen (15) years, unless
the City Council agrees to extend it or the assessments in accordance with RCW
35.72.020 (2) as it exists or is hereinafter amended.
SECTION XIV. The decision of the Administrator of the Public Works
Department or his/her authorized representative in determining or computing the
amount due from any benefited owner who triggers any latecomer assessment
hereunder shall be final and conclusive in all respects.
SECTION XV. This ordinance shall be placed for record with the King County
Recorder’s Office within thirty (30) days of passage, approval, and publication of this
ordinance, at the City’s sole cost.
SECTION XVI. The City may collect an administration and collection fee from its
utility enterprise funds at the time any Latecomer Assessment related to the water or
sewer portions of construction is collected. The amount of the fee may be a percentage
based upon the following:
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
12
A. If the portion of total cost that may be reimbursed is $20,000 or less, the City
will retain a fee equal to fifteen percent (15%) of each amount collected.
B. If the portion of total cost that may be reimbursed is more than $20,000 but
not more than $100,000, the City will retain a fee equal to ten percent (10%) of each
amount collected.
C. If the portion of total cost that may be reimbursed is more than $100,000,
the City will retain a fee equal to five percent (5%) of each amount collected.
SECTION XVII. This ordinance, when recorded with King County, will be a
matter of public record and will serve as a notice to the owners of the Benefited
Properties should any latecomer assessment be triggered. The assessment roll listing
the Benefited Properties and the pro rata potential latecomer assessment for each will
be on file with the City or Renton.
SECTION XVIII. If any section, subsection, sentence, clause, phrase or work 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 XIX. 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 and recording
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
13
in the records of King County, Washington. The summary shall consist of this
ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ____________, 2020.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of ______________, 2020.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:2074:1/24/20
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
14
EXHIBIT A
LEGAL DESCRIPTIONS OF BENEFITED PROPERTIES
WITHIN LATECOMER BOUNDARY AREA
SUNSET LANE NE IMPROVEMENT PROJECT
PARCEL #1 King County Parcel #7227801400 and 7227801300
PARCELS 1 AND 7 OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA16‐000132 AS
RECORDED UNDER RECORDING NO. 20160603900008, RECORDS OF King COUNTY
AUDITOR.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
PARCEL #2 King County Parcel #7227801396
PARCEL 4 OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA16‐000132 AS RECORDED
UNDER RECORDING NO. 20160603900008, RECORDS OF KING COUNTY AUDITOR.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
PARCEL #3 King County Parcel #7227801055
PARCEL 3 OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA16‐000132 AS RECORDED
UNDER RECORDING NO. 20160603900008, RECORDS OF KING COUNTY AUDITOR.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
PARCEL #4 King County Parcel #7227801060
PARCEL 2 OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA16‐000132 AS RECORDED
UNDER RECORDING NO. 20160603900008, RECORDS OF KING COUNTY AUDITOR.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
15
PARCEL #5 King County Parcel #7227701075
LOT A OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA13‐001114, AS RECORDED IN
VOLUME 302 OF SURVEYS, PAGES 162 AND 163 UNDER RECORDING NO.
20131002900011, RECORDS OF KING COUNTY AUDITOR.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
PARCEL #6 King County Parcel #7227801065
LOT B OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA13‐001114, AS RECORDED IN
VOLUME 302 OF SURVEYS, PAGES 162 AND 163 UNDER RECORDING NO.
20131002900011, RECORDS OF KING COUNTY AUDITOR.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
PARCEL #7 King County Parcel #7227801205
BLOCK 39, CORRECTED PLAT OF RENTON HIGHLANDS NO. 2, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 57 OF PLATS PAGES 92 THROUGH 98 IN KING COUNTY,
WASHINGTON;
TOGETHER WITH VACATED 11TH PLACE NORTH (SUNSET LANE NORTHEAST) AS VACATED
BY CITY OF RENTON ORDINANCE NO. 1830, RECORDED UNDER KING COUNTY
RECORDING NO. 5323954;
EXCEPT THAT PORTION OF SAID BLOCK 39 DESCRIBED AS FOLLOWS;
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID BLOCK;
THENCE NORTH 35°42’00” EAST, ALONG THE SOUTHEASTERLY LINE THEREOF 125 FEET;
THENCE NORTH 54°35’42” WEST, PARALLEL TO THE SOUTHWESTERLY LINE OF SAID
BLOCK, 90.00 FEET;
THENCE SOUTH 35°42’00” WEST, PARALLEL TO THE SOUTHEASTERLY LINE OF SAID
BLOCK 125.00 FEET TO THE SOUTHWESTERLY LINE OF SAID BLOCK;
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
16
THENCE SOUTH 54°35’42” EAST, ALONG SAID SOUTHWESTERLY LINE 90.00 FEET TO THE
POINT OF BEGINNING;
AND EXCEPT THAT PORTION OF SAID BLOCK 39 DESCRIBED AS FOLLOWS;
BEGINNING AT THE MOST EASTERLY CORNER OF SAID BLOCK;
THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY MARGIN OF SUNSET
BOULEVARD 130.00 FEET;
THENCE NORTH 84°18’00” WEST 23.09 FEET;
THENCE NORTH 54°18’00” WEST 165.90 FEET;
THENCE NORTH 84°18’00” WEST 38.92 FEET TO A POINT ON THE NORTHWESTERLY
MARGIN OF VACATED 11TH PLACE NORTH;
THENCE NORTH 65°55’13” EAST ALONG SAID NORTHERLY MARGIN 190.65 FEET TO THE
INTERSECTION OF THE WESTERLY MARGIN OF “K” STREET;
THENCE SOUTHEASTERLY ALONG SAID MARGIN TO THE POINT OF BEGINNING.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
PARCEL #8 King County Parcel #7227801785
LOT 2 OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LLA‐00382, AS RECORDED UNDER
RECORDING NO. 8204219003, RECORDS OF King COUNTY AUDITOR; BEING A PORTION
OF BLOCK 40, A PORTION OF TRACT 46C, A PORTION OF THE PUBLIC USE AREA AND A
PORTION OF VACATED STREETS AS VACATED BY THE CITY OF RENTON ORDINANCE NOS.
2465 AND 2553, RECORDED UNDER KING COUNTY RECORDING NOS. 6471624 AND
6647013 RESPECTIVELY, ALL IN THE CORRECTED PLAT OF RENTON HIGHLANDS NO. 2,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 57 OF PLATS, PAGES 92
THROUGH 98, RECORDS OF KING COUNTY, WASHINGTON.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
17
PARCEL #9 King County Parcel #7227801310
PARCEL 5 OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA16‐000132 AS RECORDED
UNDER RECORDING NO. 20160603900008, RECORDS OF KING COUNTY AUDITOR.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
PARCEL #10 King County Parcel #7227801315
LOT 11 IN BLOCK 41 OF CORRECTED PLAT, RENTON HIGHLANDS NO. 2, AS PER PLAT
RECORDED IN VOLUME 57 OF PLATS, PAGES 92 THROUGH 98, RECORDS OF KING
COUNTY AUDITOR.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
PARCEL #11 King County Parcel #7227801320
LOT 12 IN BLOCK 41 OF CORRECTED PLAT, RENTON HIGHLANDS NO. 2, AS PER PLAT
RECORDED IN VOLUME 57 OF PLATS, PAGES 92 THROUGH 98, RECORDS OF KING
COUNTY AUDITOR.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
PARCEL #12 King County Parcel #7227801325
LOT 13 IN BLOCK 41 OF CORRECTED PLAT, RENTON HIGHLANDS NO. 2, AS PER PLAT
RECORDED IN VOLUME 57 OF PLATS, PAGES 92 THROUGH 98, RECORDS OF KING
COUNTY AUDITOR.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
PARCEL #13 King County Parcel #7227801385
LOT 11 IN BLOCK 42 OF CORRECTED PLAT, RENTON HIGHLANDS NO. 2, AS PER PLAT
RECORDED IN VOLUME 57 OF PLATS, PAGES 92 THROUGH 98, RECORDS OF KING
COUNTY AUDITOR.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
PARCEL #14 King County Parcel #7227801390
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
18
LOT 12 IN BLOCK 42 OF CORRECTED PLAT, RENTON HIGHLANDS NO. 2, AS PER PLAT
RECORDED IN VOLUME 57 OF PLATS, PAGES 92 THROUGH 98, RECORDS OF KING
COUNTY AUDITOR.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
PARCEL #15 King County Parcel #7227701395
LOT 13 IN BLOCK 42 OF CORRECTED PLAT, RENTON HIGHLANDS NO. 2, AS PER PLAT
RECORDED IN VOLUME 57 OF PLATS, PAGES 92 THROUGH 98, RECORDS OF KING
COUNTY AUDITOR.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
19
EXHIBIT B1
WATER PORTION OF UTILITY SYSTEMS CONSTRUCTION
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
20
EXHIBIT B2
SEWER PORTION OF UTILITY SYSTEMS CONSTRUCTION
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
21
EXHIBIT B3
TRANSPORTATION/STREET IMPROVEMENTS CONSTRUCTION
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
22
EXHIBIT C
COMBINED FINAL ASSESSMENT
ROLL
AGENDA ITEM # 8. a)
Project ElementWater (1) Sewer (2) Transportation (3) Total (1)+(2)+(3)Assessable Front FootageAssessable CostAssessable Front FootageAssessable CostAssessable Front FootageAssessable Cost Assessable CostTotal Assessable Unit/Cost3,518.77 $464,551.95 2,702.73 $429,868.77 1,618.58 $2,708,190.32 $3,602,611.04Assessable Cost per Unit$132.02112$159.04984$1,673.18904Note: Parcel # 1 Transportation Cost1,414.91 $2,585,680.93 $2,585,680.93Grand Total3,033.49 $5,293,871.25 $6,188,291.97Parcel ReferenceFront Footage Final Water AssessmentFront Footage Final Sewer AssessmentFront Footage Final Transportation AssessmentFinal Combined AssessmentParcel # 1 1,264.91 $166,994.83 1,414.91 $225,041.21 1,414.91 $2,585,680.93$2,977,716.97KC Parcel #Legal Description:Parcel # 2 200.77 $26,505.88 140.86 $22,403.76 140.86 $235,685.41$284,595.05KC Parcel #Legal Description:Parcel # 3 246.82 $32,585.45 246.82 $39,256.68 246.82 $412,976.52$484,818.65KC Parcel #Legal Description:Parcel # 4 409.16 $54,017.76 314.36 $49,998.91 409.16 $684,602.03$788,618.70KC Parcel # 7227801060Owner & Legal DescriptionCITY OF RENTON7227801400 & 7227801300PARCELS 1 AND 7 OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA16-000132 AS RECORDED UNDER RECORDING NO. 20160603900008, RECORDS OF King COUNTY AUDITOR. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.RENTON HOUSING AUTHORITY7227801396RENTON HOUSING AUTHORITY7227801055RENTON HOUSING AUTHORITYPARCEL 3 OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA16-000132 AS RECORDED UNDER RECORDING NO. 20160603900008, RECORDS OF KING COUNTY AUDITOR. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.PARCEL 4 OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA16-000132 AS RECORDED UNDER RECORDING NO. 20160603900008, RECORDS OF KING COUNTY AUDITOR. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.($2,367,411.90 pro rata share + $218,269.03 costs absorbed by the City = Transportation Assessment for Parcel # 1)EXHIBIT CAGENDA ITEM # 8. a)
Parcel ReferenceFront Footage Final Water AssessmentFront Footage Final Sewer AssessmentFront Footage Final Transportation AssessmentFinal Combined AssessmentOwner & Legal DescriptionLegal Description:Parcel # 5 291.32 $38,460.39 182.08 $28,959.79 280.32 $469,028.35$536,448.54KC Parcel #Legal Description:Parcel # 6 - $0.00 - $0.00 137.72 $230,431.59$230,431.59KC Parcel #Legal Description:Parcel # 7 100.00 $13,202.11 - $0.00 - $0.00$13,202.11KC Parcel #COLPITTS SUNSET LLC72278010757227801205LOT A OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA13-001114, AS RECORDED IN VOLUME 302 OF SURVEYS, PAGES 162 AND 163 UNDER RECORDING NO. 20131002900011, RECORDS OF KING COUNTY AUDITOR. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.PARCEL 2 OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA16-000132 AS RECORDED UNDER RECORDING NO. 20160603900008, RECORDS OF KING COUNTY AUDITOR. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.CITY OF RENTON2806 NE SUNSET BLVD, RENTON WA 980567227801065LOT B OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA13-001114, AS RECORDED IN VOLUME 302 OF SURVEYS, PAGES 162 AND 163 UNDER RECORDING NO. 20131002900011, RECORDS OF KING COUNTY AUDITOR. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.GREATER HILANDS LIMITED PARTNERSHIP ASSOCIATESEXHIBIT CAGENDA ITEM # 8. a)
Parcel ReferenceFront Footage Final Water AssessmentFront Footage Final Sewer AssessmentFront Footage Final Transportation AssessmentFinal Combined AssessmentOwner & Legal DescriptionLegal Description:Parcel # 8 180.30 $23,803.41 180.30 $28,676.69 180.30 $301,675.98$354,156.08KC Tax Act #AND EXCEPT THAT PORTION OF SAID BLOCK 39 DESCRIBED AS FOLLOWS;BEGINNING AT THE MOST EASTERLY CORNER OF SAID BLOCK;THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY MARGIN OF SUNSET BOULEVARD 130.00 FEET;THENCE NORTH 84°18’00” WEST 23.09 FEET;THENCE NORTH 54°18’00” WEST 165.90 FEET;THENCE NORTH 84°18’00” WEST 38.92 FEET TO A POINT ON THE NORTHWESTERLY MARGIN OF VACATED 11TH PLACE NORTH;THENCE NORTH 65°55’13” EAST ALONG SAID NORTHERLY MARGIN 190.65 FEET TO THE INTERSECTION OF THE WESTERLY MARGIN OF “K” STREET;THENCE SOUTHEASTERLY ALONG SAID MARGIN TO THE POINT OF BEGINNING.SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.7227801785RENTON HOUSING AUTHORITYBLOCK 39, CORRECTED PLAT OF RENTON HIGHLANDS NO. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 57 OF PLATS PAGES 92 THROUGH 98 IN KING COUNTY, WASHINGTON;TOGETHER WITH VACATED 11TH PLACE NORTH (SUNSET LANE NORTHEAST) AS VACATED BY CITY OF RENTON ORDINANCE NO. 1830, RECORDED UNDER KING COUNTY RECORDING NO. 5323954;EXCEPT THAT PORTION OF SAID BLOCK 39 DESCRIBED AS FOLLOWS;BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID BLOCK;THENCE NORTH 35°42’00” EAST, ALONG THE SOUTHEASTERLY LINE THEREOF 125 FEET;THENCE NORTH 54°35’42” WEST, PARALLEL TO THE SOUTHWESTERLY LINE OF SAID BLOCK, 90.00 FEET;THENCE SOUTH 35°42’00” WEST, PARALLEL TO THE SOUTHEASTERLY LINE OF SAID BLOCK 125.00 FEET TO THE SOUTHWESTERLY LINE OF SAID BLOCK;THENCE SOUTH 54°35’42” EAST, ALONG SAID SOUTHWESTERLY LINE 90.00 FEET TO THE POINT OF BEGINNING;EXHIBIT CAGENDA ITEM # 8. a)
Parcel ReferenceFront Footage Final Water AssessmentFront Footage Final Sewer AssessmentFront Footage Final Transportation AssessmentFinal Combined AssessmentOwner & Legal DescriptionLegal Description:Parcel # 9 293.39 $38,733.68 223.40 $35,531.73 223.40 $373,790.43$448,055.84KC Parcel #Legal Description:Parcel # 10 106.10 $14,007.44 - $0.00 - $0.00$14,007.44KC Parcel #Legal Description:Parcel # 11 100.00 $13,202.11 - $0.00 - $0.00$13,202.11KC Parcel #Legal Description:Parcel # 12 30.00 $3,960.63 - $0.00 - $0.00$3,960.637227801320LOT 2 OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LLA-00382, AS RECORDED UNDER RECORDING NO. 8204219003, RECORDS OF King COUNTY AUDITOR; BEING A PORTION OF BLOCK 40, A PORTION OF TRACT 46C, A PORTION OF THE PUBLIC USE AREA AND A PORTION OF VACATED STREETS AS VACATED BY THE CITY OF RENTON ORDINANCE NOS. 2465 AND 2553, RECORDED UNDER KING COUNTY RECORDING NOS. 6471624 AND 6647013 RESPECTIVELY, ALL IN THE CORRECTED PLAT OF RENTON HIGHLANDS NO. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 57 OF PLATS, PAGES 92 THROUGH 98, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.RENTON HOUSING AUTHORITY7227801310RENTON HOUSING AUTHORITYPARCEL 5 OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA16-000132 AS RECORDED UNDER RECORDING NO. 20160603900008, RECORDS OF KING COUNTY AUDITOR. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.1062 GLENNWOOD AVE NE, RENTON WA 980567227801315LOT 11 IN BLOCK 41 OF CORRECTED PLAT, RENTON HIGHLANDS NO. 2, AS PER PLAT RECORDED IN VOLUME 57 OF PLATS, PAGES 92 THROUGH 98, RECORDS OF KING COUNTY AUDITOR. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.CHRISTINA & MARK D JARVISLOT 12 IN BLOCK 41 OF CORRECTED PLAT, RENTON HIGHLANDS NO. 2, AS PER PLAT RECORDED IN VOLUME 57 OF PLATS, PAGES 92 THROUGH 98, RECORDS OF KING COUNTY AUDITOR.SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.ALVIN SHEN KO1130 GLENNWOOD AVE NE, RENTON WA 98056EXHIBIT CAGENDA ITEM # 8. a)
Parcel ReferenceFront Footage Final Water AssessmentFront Footage Final Sewer AssessmentFront Footage Final Transportation AssessmentFinal Combined AssessmentOwner & Legal DescriptionKC Parcel #Legal Description:Parcel # 13 98.00 $12,938.07 - $0.00 - $0.00$12,938.07KC Parcel #Legal Description:Parcel # 14 95.00 $12,542.01 - $0.00 - $0.00$12,542.01KC Parcel #Legal Description:Parcel # 15 103.00 $13,598.18 - $0.00 - $0.00$13,598.18KC Parcel #LOT 12 IN BLOCK 42 OF CORRECTED PLAT, RENTON HIGHLANDS NO. 2, AS PER PLAT RECORDED IN VOLUME 57 OF PLATS, PAGES 92 THROUGH 98, RECORDS OF KING COUNTY AUDITOR. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.SHARON BARKER, TRUSTEE OF THE SHARON BARKER LIVING TRUST1063 GLENNWOOD AVE NE, RENTON WA 98056722780139572278013901140 GLENNWOOD AVE NE, RENTON WA 980567227801325LOT 13 IN BLOCK 41 OF CORRECTED PLAT, RENTON HIGHLANDS NO. 2, AS PER PLAT RECORDED IN VOLUME 57 OF PLATS, PAGES 92 THROUGH 98, RECORDS OF KING COUNTY AUDITOR. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.EMERALD POINT 3 LLC1131 GLENNWOOD AVE NE, RENTON WA 980567227801385LOT 11 IN BLOCK 42 OF CORRECTED PLAT, RENTON HIGHLANDS NO. 2, AS PER PLAT RECORDED IN VOLUME 57 OF PLATS, PAGES 92 THROUGH 98, RECORDS OF KING COUNTY AUDITOR. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.IRENEO V & SUSAN M LALANGAN1123 GLENNWODD AVE NE, RENTON WA 98056EXHIBIT CAGENDA ITEM # 8. a)
Parcel ReferenceFront Footage Final Water AssessmentFront Footage Final Sewer AssessmentFront Footage Final Transportation AssessmentFinal Combined AssessmentOwner & Legal DescriptionLegal Description: LOT 13 IN BLOCK 42 OF CORRECTED PLAT, RENTON HIGHLANDS NO. 2, AS PER PLAT RECORDED IN VOLUME 57 OF PLATS, PAGES 92 THROUGH 98, RECORDS OF KING COUNTY AUDITOR. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.EXHIBIT CAGENDA ITEM # 8. a)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SUBSECTIONS 4‐2‐060.M, 4‐2‐080.A.29, 4‐4‐110.A, 4‐4‐110.B, 4‐4‐110.C, AND 4‐
4‐110.D.3.b.iii, AND SECTION 4‐1‐190 OF THE RENTON MUNICIPAL CODE, BY
CLASSIFYING BULK STORAGE IN THE ZONING USE TABLE, PERMITTING BULK
STORAGE IN INDUSTRIAL ZONES, PROVIDING FOR MINIMUM SEPARATION
DISTANCES FROM RESIDENTIAL ZONING DESIGNATIONS, SIMPLIFYING STORAGE
FACILITIES, BULK IN SECTION 4‐4‐110, ADDING BULK STORAGE TO THE
DEFINITIONS OF “STORAGE, INDOOR,” “STORAGE, OUTDOOR,” “STORAGE, SELF‐
SERVICE,” AND "STORAGE, VEHICLE" IN SECTION 4‐11‐190, 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 August 9, 2019, 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 September 4, 2019,
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 4‐2‐060.M, of the Renton Municipal Code is amended as shown
on Attachment A. All other provisions of RMC 4‐2‐060 remain in effect and unchanged.
SECTION III. Subsection 4‐2‐080.A.29, of the Renton Municipal Code is amended as
shown below. All other provisions of 4‐2‐080.A remain in effect and unchanged.
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
2
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.
SECTION IV. The title of section 4‐4‐110 and subsections 4‐4‐110.A, 4‐4‐110.B, 4‐4‐
110.C of the Renton Municipal Code are amended as shown below. All other provisions of RMC
4‐4‐110 remain in effect and unchanged, except as provided in SECTION V of this ordinance.
4‐4‐110 STORAGE FACILITIES, BULK:
A. INTENT:
The intent of the regulation of bulk storage facilities is to allow such facilities uses in
a location and manner so they are compatible with adjacent or abutting properties and
beneficial to the City and in accordance with the State Environmental Policy Act. It is
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
3
further the intent to insure that the safety, health, welfare, aesthetics and morals of the
community are maintained at a high level.
B. SPECIAL REVIEW AND HIGHER STANDARDS REQUIRED:
Due to the unique characteristics and problems inherent in making bulk storage
facilities compatible with surrounding properties and environment, the City Council finds
that special review of bulk storage facilities uses is required to insure ensure the intent of
these regulations; and the City Council expressly finds that in the Green River Valley, City
of Renton and surrounding areas, there has been a loss in air quality and that a potential
exists for a continuing deterioration in this air quality due in part to the unique
meteorological and topographic characteristics such as the channeling and holding of air
masses by inversions and the surrounding hills. This degradation in air quality adversely
affects the livability and desirability of the City and is injurious to the health and well‐
being of its citizens. Those uses classified as a recognized higher risk have higher standards
applied to them including, but not limited to, landscaping, traffic and access and
hazardous materials. These regulations are to supplement and be in addition to existing
code provisions.
C. SPECIAL PERMIT AND ADMINISTRATION:
1. Special Permit Required for Bulk Storage Facilities: Bulk storage facilities may
be allowed only by special permit as specified in RMC 4‐9‐220. The fee for the special
permit for bulk storage facilities is specified in the City of Renton fFee sSchedule set out
in RMC 4‐1‐170.
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
4
2. Applicability: The Department of Community and Economic Development shall
be responsible for determining whether an application is a bulk storage facility as defined
herein.
3. Authority and Responsibility: The Hearing Examiner is designated as the official
agency of the City for the conduct of public hearings, and the Community and Economic
Development Administrator is responsible for the general administration and
coordination. The Administrator shall establish administrative procedures, which shall
include, but are not limited to: preparation of application forms, determining
completeness and acceptance of application, and establishment of interdepartmental
review routing procedures.
4. Provision of Information: The responsibility of producing information and data
to establish that the proposed bulk storage facility complies with the standards set forth
in this Section shall be on the applicant.
5. Evaluation Criteria: The Hearing Examiner shall review the impact of the
proposed use to determine whether it is compatible with the proposed site and general
area. The Hearing Examiner may require any applicable bulk standard to be up to fifty
percent (50%) more strict than specified to alleviate a potential problem, providing it shall
be shown:
a. That because of special circumstances applicable to subject property,
including size, topography, location or surroundings and special characteristics
applicable to subject facilities including height, surface drainage, toxic substances,
traffic and access, sound, liquid waste, light and glare, odorants, flammable and
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
5
explosive materials and gaseous wastes, the strict application of the zoning code and
bulk storage regulations is found to deprive neighboring properties of rights and
privileges enjoyed by other properties in the vicinity and under identical zone
classification.
b. That the application of more strict standards will not be materially
detrimental to the subject facility and will maintain the full rights, privileges and
environment of neighboring properties.
c. That the application of such modifications shall be supported by
documented evidence of a clear and compelling nature to justify such stricter
standards.
SECTION V. Subsection 4‐4‐110.D.3.b.iii of the Renton Municipal Code is amended as
shown below. All other provisions in 4‐4‐110.D remain in effect and unchanged.
3. Landscaping and Screening:
a. Intent: The intent of landscaping and screening is to minimize the
visual impact of bulk storage as viewed from adjacent or nearby properties or
facilities and to enhance the image of the industrial areas and the City.
b. Screening Required for Recognized Higher Risk Storage: Those bulk
storage uses which are considered as having a recognized higher risk shall have a
barrier as specified in subsection D12 of this Section, Hazardous Materials, with a
screen that is at least eighty percent (80%) opaque on top of the barrier and set
back at least twenty feet (20') from the property line.
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
6
i. Height of Screen: The barrier shall have a maximum height of four
feet (4') when measured as in subsection D12d of this Section. The combined
height of the four‐foot (4') (maximum) barrier and screen shall be at least twenty
five percent (25%) of the height of the bulk storage provided such combination is
at least eight feet (8') high. An optional security fence shall have at least a twenty‐
foot (20') setback.
ii. Landscaping Required: All areas between the property lines and
the screen shall be landscaped except for ingress and egress areas and except
when a second bulk storage facility has a contiguous side or rear property line with
an existing bulk storage facility constructed to the standards specified in this
Section. The landscape plan shall be prepared by a licensed landscape architect
and approved by the Administrator.
iii. Tree Retention and Land Clearing: Bulk storage facilities and
accessory uses shall comply with tree retention and land clearing regulations in
RMC 4‐4‐130.
c. Screening Required for Other Bulk Storage: Those bulk storage uses
not included in subsection D3b of this Section shall have a screen including gates
and shall be at least eighty percent (80%) opaque surrounding the property area.
Said screen shall be at least twenty five percent (25%) as high as the bulk storage
containers or stock piles provided said screen is at least eight feet (8') high. The
screen and optional security fence shall be set back at least twenty feet (20') from
all property lines except that for those bulk storage facilities whose total
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
7
ownership is less than two and one‐half (2‐1/2) contiguous acres in area, the
Hearing Examiner may reduce this setback up to fifty percent (50%) for good cause
and upon proper written application. All areas between the property lines and the
screen shall be landscaped except for ingress and egress areas and except when a
second bulk storage facility has a contiguous side or rear property line that abuts
an existing bulk storage facility constructed to the standards specified in this
Section provided there is at least a twenty‐foot (20') landscaped strip. The
landscape plan is to be approved by the Administrator. A landscaped berm may
be used by itself or in combination with a screen provided the required height is
met. The slopes of said berm shall be a maximum of two feet (2') horizontal to one
foot (1') vertical. There shall be a flat area on top of the berm with a minimum
width of two feet (2'). A retaining wall may be substituted for the internal side of
the berm provided the retaining wall is approved by a licensed engineer.
d. Landscaping Maintenance: The maintenance of landscaping shall be
assured prior to the issuance of a building permit by requiring one of the following
options: (i) the posting of a performance bond for one hundred fifty percent
(150%) of the estimated cost of maintenance of landscaping for a three (3) year
period, (ii) the depositing with the City Clerk of a certified or cashier’s check for
one hundred fifty percent (150%) of the estimated cost of maintenance of
landscaping for a three (3) year period, (iii) filing with the City Clerk a copy of a
service contract for maintenance of landscaping for a three (3) year period, or (iv)
such other written commitments that will assure satisfactory maintenance of
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
8
landscaping for a three (3) year period. Any of the four (4) options above are to be
approved as to legal form prior to acceptance by the City. Landscaping is to be
maintained in a healthy, neat manner and shall be subject to periodic inspection
by the City.
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
9
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
10
SECTION VI. The definitions of “Storage, Indoor,” “Storage, Outdoor,” “Storage, Self‐
Service,” and “Storage, Vehicle” in section 4‐11‐190 of the Renton Municipal Code are amended
as shown below. All other definitions in 4‐11‐190 remain in effect and unchanged.
STORAGE, INDOOR: A use engaged in the storage of goods and/or materials
characterized by infrequent pick‐up and delivery, and located within a building. The
definition excludes bulk storage, hazardous material storage, self‐service storage,
warehousing and distribution, and vehicle storage.
STORAGE, OUTDOOR: The outdoor accumulation of material or equipment for the
purpose of sale, rental, use on site, or shipping to other locations. This definition excludes
bulk storage, hazardous material storage, warehousing and distribution, vehicle storage,
and outdoor retail sales.
STORAGE, SELF‐SERVICE: A building or group of buildings consisting of individual, self‐
contained units leased to individuals, organizations, or businesses for self‐service storage
of personal property. This definition excludes indoor storage, warehousing, outdoor
storage, bulk storage, and hazardous material storage.
STORAGE, VEHICLE: An indoor or outdoor area for parking or holding of motor
vehicles and boats or wheeled equipment for more than seventy‐two (72) hours. This
definition excludes bulk storage, vehicle sales, vehicle rental, tow truck operation/auto
impoundment yard, auto wrecking yard, outdoor storage, and indoor storage.
SECTION VII. If any section, subsection, sentence, clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
11
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 ___________________, 2020.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2020.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD: 2087:2/13/20
AGENDA ITEM # 8. b)
ORDINANCENO.4-2-060.MAUACHMENTAtSECTIONII]RESIDENTIALZONINGDESIGNATIONSINDUSTRIALCOMMERCIALZONINGDESIGNATIONSUSES:R-RRCR-1R-4R-6R-8RMH1014RMFILIMIHCN1CVCACDCOCORUCM.STORAGEBulkStorageP29P29P29Hazardousmaterialstorage,onsiteH24H24H24oroffsite,includingtreatmentIndoorstoragePPpAC11AC11AC11AC11AC11AC11Outdoorstorage,existingP29P29P29P64Outdoorstorage,newP29P29P29P64Self-servicestorageAD29P59PH22H22VehiclestorageAD29AD29AD29WarehousingPPP12[ATTACHMENTA]AGENDA ITEM # 8. b)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SUBSECTION 4‐3‐100.B.1.b OF THE RENTON MUNICIPAL CODE, BY REVISING
DESIGN DISTRICT APPLICABILITY REGULATIONS IN THE CITY’S URBAN DESIGN
DISTRICTS ‘B’ AND ‘D,’ 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 10, 2019, 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 September 4, 2019,
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
strike‐through and underline edits remain in effect and unchanged.
SECTION II. Subsection 4‐3‐100.B.1.b of the Renton Municipal Code is amended as
shown below. All other provisions in 4‐3‐100.B remain in effect and unchanged.
B. APPLICABILITY AND CONFLICTS:
1. Applicability:
a. The following development activities shall be required to comply
with the provisions of this Section:
AGENDA ITEM # 8. c)
ORDINANCE NO. ________
2
i. All subdivisions including short plats;
ii. All new structures;
iii. Conversion of vacant land (e.g., to parking or storage lots);
iv. Conversion of a residential use to a nonresidential use;
v. Alterations, enlargements, and/or restorations of
nonconforming structures pursuant to RMC 4‐10‐050, Nonconforming Structures.
vi. Exterior modifications such as facade changes, windows,
awnings, signage, etc., shall comply with the design requirements for the new
portion of the structure, sign, or site improvement.
b. Any of the activities listed in subsection B1a of this Section and
occurring in the following overlay areas or zones shall be required to comply with
the provisions of this Section:
i. District ‘A’: All areas zoned Center Downtown (CD).
ii. District ‘B’: All areas zoned Residential Multi‐Family (RMF), and
assisted living and convalescent centers within the Resource Conservation (RC),
Residential‐1 (R‐1), Residential‐4 (R‐4), Residential‐6 (R‐6), Residential‐8 (R‐8),
Residential‐10 (R‐10), Residential‐14 (R‐14), and Residential Manufactured Home
Park (RMH) Zones.
iii. District ‘C’: All areas zoned Urban Center (UC) or Commercial
Office Residential (COR).
iv. District ‘D’: All areas zoned Center Village (CV), or Commercial
Arterial (CA), Commercial Neighborhood (CN), and mixed use buildings with
AGENDA ITEM # 8. c)
ORDINANCE NO. ________
3
attached dwelling units in or the Commercial Office (CO) Zone, except for those
properties included in the Automall District and used for small vehicle sales or a
secondary use identified in RMC 4‐3‐040.C.1, Uses Permitted in the Renton
Automall District.
2. Conflicts: Where there are conflicts between the design requirements
in subsection E of this Section and other sections of the Renton Municipal Code,
the regulations of this Section shall prevail.
SECTION III. 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 ___________________, 2020.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2020.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:2170:12/5/19
AGENDA ITEM # 8. c)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SUBSECTIONS 4‐1‐045.G.3, 4‐1‐045.G.4, 4‐2‐120.A, 4‐2‐120.B, 4‐2‐120.C, 4‐2‐
130.A, AND 4‐2‐130.B, AND SECTION 4‐9‐030 OF THE RENTON MUNICIPAL CODE,
REVISING CONDITIONAL USE PERMIT CRITERIA, ADDING NEW SUBSECTIONS 4‐
9‐030.F AND 4‐9‐030.G REGARDING DECISION CRITERIA FOR HEIGHT INCREASES
AND DENSITY INCREASES, 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 July 23, 2019, 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 September 4, 2019,
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. Subsections 4‐1‐045.G.3 and 4‐1‐045.G.4 are amended as shown below.
All other provisions in 4‐1‐045.G remain in effect and unchanged.
G. MODIFICATIONS:
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
2
Proposed modifications to an application listed in subsection B of this Section,
as it exists or may be amended (excluding Building Permits), which have been
deemed to be complete, shall be subject to the requirements below:
1. Modifications proposed by the Department of Community and
Economic Development to an application shall not be considered a new
application.
2. Any modification to an application may require revised public notice
and/or additional review time.
3. Modifications proposed by the applicant to an application which meet
or exceed any of the criteria for a major revision and/or amendment, pursuant to
the criteria in RMC 4‐7‐080.M or 4‐9‐030.JG, as they exist or may be amended,
shall require a new application. The new application shall conform to the
development regulations which are in effect at the time the new application is
submitted.
4. Proposed modifications to applications that do not exceed the major
revision and/or amendment criteria pursuant to RMC 4‐7‐080.M or 4‐9‐030.JG, as
they exist or may be amended, shall be reviewed for the development regulations
in effect on the date of the original complete application.
SECTION III. The Height standards in subsection 4‐2‐120.A of the Renton Municipal
Code are amended as shown below. All other standards in 4‐2‐120.A remain in effect and
unchanged.
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
3
4‐2‐120.A DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING
DESIGNATIONS (CN, CV, CA, & UC)
CN CV CA UC
HEIGHT
Maximum Building
Height,6, 14, 16 except
for Public Facilities6, 20
35 ft. 50 ft., except
70 ft. for
vertically
mixed use
buildings
(commercial
and
residential).
Heights may
exceed the
Zone’s
maximum
height with a
Conditional
Use Permit.
50 ft., except 70
ft. for vertically
mixed use
buildings
(commercial and
residential).
Heights may
exceed the
Zone’s
maximum height
with a
Conditional Use
Permit.16
10 stories along
primary and
secondary
arterials.
6 stories along
residential/minor
collectors.
Maximum Height for
Wireless
Communication
Facilities6
See RMC 4‐4‐140
SECTION IV. The Density and Height standards in subsection 4‐2‐120.B of the Renton
Municipal Code are amended as shown on Attachment A. All other standards in 4‐2‐120.B remain
in effect and unchanged.
SECTION V. Subsection 4‐2‐120.C of the Renton Municipal Code is amended as follows:
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
4
4‐2‐120.C CONDITIONS ASSOCIATED WITH DEVELOPMENT STANDARDS
TABLES FOR COMMERCIAL ZONING DESIGNATIONS
1. A density bonus may be granted for developments that satisfy the
criteria and standards of RMC 4‐9‐065, Density Bonus Review.
2. The following table indicates the maximum requested size/standard
change that may be allowed by an Administrative Conditional Use Permit.
Increases above these levels may not be achieved by a variance or the conditional
use permit process.
APPLICABLE
ZONE
STANDARD CHANGE
REQUEST
CN
Uses restricted to 3,000 gross
sq. ft. – increases:
Between 3,000 – 5,000 sq. ft.
CN
Uses restricted to 5,000 gross
sq. ft. – increases up to:
20% or 1,000 gross sq. ft.
All of the
CV Zone
Uses restricted to 65,000
gross sq. ft. – increases up to:
40% or 26,000 gross sq. ft.
3. These provisions may be modified through the site plan review process
where the applicant can show that the same or better result will occur because of
creative design solutions, unique aspects or use, etc., that cannot be fully
anticipated at this time.
4. UC Zone Upper‐Story Setback: Buildings or portions of buildings that
exceed fifty feet (50') in height and are located within one hundred feet (100') of
a shoreline shall include upper story setbacks for the facade facing the shoreline
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
5
and for facades facing publicly accessible plazas as follows: The minimum setback
for a fifth story and succeeding stories shall be ten feet (10') minimum from the
preceding story, applicable to each story. Projects not meeting the upper story
setbacks defined above may be approved through the modification procedure
pursuant to RMC 4‐9‐250.D, when superior design is demonstrated the decision
criteria are met.
5. Shoreline Master Plan Setbacks in the UC Zone: In the UC Zone, where
the applicable Shoreline Master Program setback is less than fifty feet (50'), the
City may increase the setback up to one hundred percent (100%) if the City
determines additional setback area is needed to ensure adequate public access,
emergency access or other site planning or environmental considerations.
6. In no case shall building height exceed the maximum allowed by the
Airport Compatible Land Related Height and Use Restrictions, for uses located
within the Federal Aviation Administration Airport Zones Airport Influence Area
and Safety Compatibility Zones designated under RMC 4‐3‐020.
7. Abutting is defined as “Lots sharing common property lines.” Reserved.
8. UC Zone Architectural Requirement: Buildings that are immediately
adjacent to or abutting a public park, open space, or trail shall incorporate building
articulation and textural variety, in addition to at least one (1) of the following
features:
a. Incorporate building modulation to reduce the overall bulk and
mass of buildings; or
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
6
b. Provide at least one (1) architectural projection for each dwelling
unit of not less than two feet (2') from the wall plane and not less than four feet
(4') wide; or
c. Provide vertical and horizontal modulation of roof lines and facades
of not less than two feet (2') at a minimum interval of forty feet (40') per building
face, or an equivalent standard that adds interest and quality to the project.
9. Use‐related provisions are not variable. Use‐related provisions that are
not eligible for a variance include: building size, units per structure/lot, or
densities. Unless bonus size or density provisions are specifically authorized, the
modification of building size, units per structure, or densities requires a legislative
change in the code provisions and/or a Comprehensive Plan amendment/rezone.
10. Heights may exceed the maximum height under an Administrative
Conditional Use Permit. Reserved.
In consideration of a request for a Conditional Use Permit for a building
height in excess of ninety five feet (95'), the Community and Economic
Development Administrator shall consider the following factors in addition to the
criteria in RMC 4‐9‐030, Conditional Use Permits, among all other relevant
information:
a. Location Criteria: The proximity of arterial streets which have sufficient
capacity to accommodate traffic generated by the development. Developments
are encouraged to locate in areas served by transit shall be considered.
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
7
b. Comprehensive Plan: The proposed use shall be compatible with the
general purpose, goals, objectives and standards of the Comprehensive Plan, the
zoning regulations and any other plan, program, map or regulation of the City.
c. Effect on Adjacent or Abutting Properties: Buildings in excess of ninety
five feet (95') in height at the proposed location shall not result in substantial or
undue adverse effects on adjacent or abutting property. When a building in excess
of ninety five feet (95') in height is adjacent or abutting to a lot designated
residential on the City Comprehensive Plan, then setbacks shall be equivalent to
the requirements of the adjacent or abutting residential zone.
d. Bulk: Buildings near public open spaces should permit public access
and, where feasible, physical access to the public open space. Whenever
practicable, buildings should be oriented to minimize the shadows they cause on
publicly accessible open space.
e. Light and Glare: Due consideration shall be given to mitigation of light
and glare impacts upon streets, major public facilities and major public open
spaces.
11. Freestanding signs are restricted to monument signs in the
Commercial Arterial (CA) Zone along Rainier Avenue North.
12. Heights may exceed the maximum height by up to fifty feet (50') with
bonuses for plazas and other amenities, subject to an Administrative Conditional
Use Permit. Reserved.
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
8
13. A reduced minimum setback of no less than fifteen feet (15') may be
allowed for structures in excess of twenty‐five feet (25') in height through the site
plan review process.
14. The vehicle entry for a personal garage (not structured parking) or
carport shall be set back twenty feet (20') from any public right‐of‐way where
vehicle access is provided; all other facades of a garage shall be subject to the
applicable zone’s minimum setback.
15. Maximum Setback:
a. The maximum setback may be modified through the site plan
review if the applicant can demonstrate that the proposed development meets
the following criteria:
i. Orients development to the pedestrian through such measures
as providing pedestrian walkways beyond those required by the Renton Municipal
Code (RMC), encouraging pedestrian amenities and supporting alternatives to
single occupant vehicle (SOV) transportation; and
ii. Creates a low‐scale streetscape through such measures as
fostering distinctive architecture and mitigating the visual dominance of extensive
and unbroken parking along the street front; and
iii. Promotes safety and visibility through such measures as
discouraging the creation of hidden spaces, minimizing conflict between
pedestrian and traffic, and ensuring adequate setbacks to accommodate required
parking and/or access that could not be provided otherwise.
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
9
b. Alternatively, the maximum setback requirement may be modified
if the applicant can demonstrate that the preceding criteria cannot be met by
addressing the criteria below. However, those criteria that can be met shall be
addressed in the site development plan.
i. Due to factors including but not limited to the unique site design
requirements or physical site constraints such as critical areas or utility easements,
the maximum setback cannot be met; or
ii. One (1) or more of the above criteria would not be furthered
or would be impaired by compliance with the maximum setback; or
iii. Any function of the use which serves the public health, safety
or welfare would be materially impaired by the required setback.
16. The following height requests may be allowed by an administrative
conditional use permit: Reserved.
APPLICABLE
ZONE HEIGHT CHANGE REQUEST
All of the
CV Zone
Exceed height of 50 feet
Exceed height of 45 feet when
abutting R‐6, R‐8, or R‐10
Zone
All of the
CA Zone Exceed maximum height
In consideration of a request for a Conditional Use Permit for additional
building height, all relevant information and the following factors shall be
considered along with the criteria in RMC 4‐9‐030, Conditional Use Permits:
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
10
a. Location Criteria: Proximity of arterial streets that have sufficient
capacity to accommodate traffic generated by the development. Developments
are encouraged to locate in areas served by transit.
b. Comprehensive Plan: The proposed use shall be compatible with
the general purpose, goals, objectives and standards of the Comprehensive Plan,
the zoning regulations and any other plan, program, map or regulation of the City.
c. Effect on Adjacent or Abutting Properties: Building heights shall
not result in substantial or undue adverse effects on adjacent and abutting
property. When a building in excess of the maximum height is proposed adjacent
to or abutting a lot zoned residential, the setbacks shall be equivalent to the
requirements of the adjacent Residential Zone if the setback standards exceed the
requirements of the Commercial Zone.
17. Heights may exceed the zone’s maximum height under Hearing
Examiner Conditional Use PermitReserved.
18. Allowed Projections into Setbacks:
a. Steps and decks having no roof and being not over forty‐two inches
(42") in height may be built within a front yard setback.
b. Eaves and cornices may project up to twenty‐four inches (24") into
any required setback.
c. Accessory buildings when erected so that the entire building is
within a distance of thirty feet (30’) from the rear lot line may also occupy the side
yard setback of an inside lot line.
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
11
d. Where below‐grade structures are permitted to have zero (0) front
yard/street setbacks, structural footings may minimally encroach into the public
right‐of‐way, subject to approval of the Community and Economic Development
Administrator.
19. Specified development standards may be modified with an approved
Master Plan.
20. Public facilities are allowed the following height bonus: publicly
owned structures shall be permitted an additional fifteen feet (15') in height above
that otherwise permitted in the zone if “pitched roofs,” as defined herein, are used
for at least sixty percent (60%) or more of the roof surface of both primary and
accessory structures. In addition, in zones where the maximum permitted building
height is less than seventy‐five feet (75'), the maximum height of a publicly owned
structure may be increased as follows, up to a maximum height of seventy‐five
feet (75') to the highest point of the building:
a. When abutting a public street, one (1) additional foot of height for
each additional one and one‐half feet (1‐1/2') of perimeter building setback
beyond the minimum street setback required at street level unless such setbacks
are otherwise discouraged; and
b. When abutting a common property line, one (1) additional foot of
height for each additional two feet (2') of perimeter building setback beyond the
minimum required along a common property line; and
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
12
c. On lots four (4) acres or greater, five (5) additional feet of height
for every one percent (1%) reduction below a twenty percent (20%) maximum lot
area coverage by buildings for public amenities such as recreational facilities,
and/or landscaped open space areas, etc., when these are open and accessible to
the public during the day or week.
21. Assisted living facilities are eligible for bonus density pursuant to RMC
4‐9‐065, Density Bonus Review.
22. Minimum density requirements do not apply to assisted living
facilities in the CO zone.
23. Reserved.
24. Reserved.
25. Reserved.
SECTION VI. The Height standards in subsection 4‐2‐130.A of the Renton Municipal
Code are amended as shown below. All other standards in 4‐2‐130.A remain in effect and
unchanged.
4‐2‐130.A DEVELOPMENT STANDARDS FOR INDUSTRIAL ZONING
DESIGNATIONS
IL IM IH
LOT DIMENSIONS
Minimum Lot Size for
lots created after
September 1, 1985
35,000 sq. ft.
Minimum Lot
Width/Depth for lots
None
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
13
IL IM IH
created after
September 1, 1985
LOT COVERAGE
Maximum Lot
Coverage for Buildings
65% of total lot area
or 75% if parking is
provided within the
building or within a
parking garage
None
HEIGHT
Maximum Building
Height5, except for
Public Facilities5,13
50 ft., except 100 ft. if
lot is located in the
Employment Area
(EA). Heights may
exceed the Zone’s
maximum height with
a Conditional Use
Permit.4,13
None
Maximum Height for
Wireless
Communication
Facilities5
See RMC 4‐4‐140.
SETBACKS8,11
Minimum Front Yard Principal Arterial
streets:12 20 ft.
Other streets: 15 ft.;
provided, that 20 ft. is
required if a lot is
adjacent to or
abutting a lot zoned
residential.
Principal Arterial
streets:12 20 ft.
Other streets: 15 ft.
Except 50 ft. is
required if a lot is
adjacent to or
abutting a lot zoned
residential.
Principal Arterial
streets:12 20 ft.
Other streets: 15 ft.
Minimum Secondary
Front Yard
Principal Arterial streets:12 20 ft.
Other streets: 15 ft. Except 50 ft. is required if
a lot is adjacent to or abutting a lot zoned
residential.
Principal Arterial
streets:12 20 ft.
Other streets: 15 ft.
Minimum Freeway
Frontage Setback
10 ft. landscaped setback from the property line.
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
14
IL IM IH
Minimum Rear and
Side Yards11
None, except 20 ft. if
lot is adjacent to or
abutting a lot zoned
residential; which may
be reduced to 15 ft.
through the Site Plan
development review
process.
None, except 50 ft. if
lot is adjacent to or
abutting a lot zoned
residential.
None, except 50 ft. if
lot abuts a lot zoned
residential.
20 ft. if lot abuts a lot
zoned CN, CV, CA, CD,
CO, COR, or lot with
Public Facilities.
Clear Vision Area In no case shall a structure over 42 in. in height intrude into the 20 ft.
clear vision area defined in RMC 4‐11‐030.
LANDSCAPING
General See RMC 4‐4‐070
SCREENING
Minimum Required
for Outdoor Loading,
Repair, Maintenance
or Work Areas;
Outdoor Storage,
Refuse or Dumpster
Areas
See RMC 4‐4‐095
Special Screening
Requirements for Tow
Truck Operations and
Impoundment Yards
NA 6 to 10 ft. high solid wall or sight‐obscuring
fence required.
LOADING DOCKS
Location Not permitted on the side of the lot that is
adjacent to or abutting a lot zoned
residential.2
NA
DUMPSTER/RECYCLING COLLECTION STATION OR CENTER
Location of Refuse or
Recycling Areas
See RMC 4‐4‐090
PARKING
General See RMC 4‐4‐080 and 10‐10‐13
SIGNS
General See RMC 4‐4‐100
CRITICAL AREAS
General See RMC 4‐3‐050 and 4‐3‐090
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
15
SECTION VII. Subsection 4‐2‐130.B of the Renton Municipal Code is amended as follows:
4‐2‐130.B CONDITIONS ASSOCIATED WITH DEVELOPMENT STANDARDS
TABLE FOR INDUSTRIAL ZONING DESIGNATIONS
1. Reserved.
2. These provisions may be modified through the site development plan
review where the applicant can show that the same or better result will occur
because of creative design solutions, unique aspects or use, etc., which have not
been fully planned at the time of site plan development review.
3. Reserved.
4. To construct a building or structure in excess of fifty feet (50'), outside
the EA, requires an Administrative Conditional Use Permit Reserved.
5. For uses located within the Federal Aviation Administration Airport
Zones Airport Influence Area and Safety Compatibility Zones designated under
RMC 4‐3‐020, Airport Related Height and Use Restrictions, in no case shall building
height exceed the maximum allowed by that Section.
6. Reserved.
7. Reserved.
8. Specified development standards may be modified by an
Administrative Conditional Use Permit in the Employment Area, or by a Hearing
Examiner Conditional Use Permit outside the Employment Area.
9. Reserved.
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
16
10. Reserved.
11. Allowed Projections into Setbacks:
a. Eaves and cornices may extend over the required setback for a
distance of up to twenty‐four inches (24").
b. Accessory buildings when erected so that the entire building is
within a distance of thirty feet (30') from the rear lot line may also occupy the side
yard setback of an inside lot line.
c. Steps and decks having no roof and not exceeding forty‐two inches
(42") high may be built within a front setback.
12. References to “principal arterial streets” include principal arterials as
defined in the Arterial Street Plan and depicted in RMC 4‐2‐080.E.
13. Public facilities are allowed the following height bonus: publicly
owned structures shall be permitted an additional fifteen feet (15') in height above
that otherwise permitted in the zone if “pitched roofs,” as defined herein, are used
for at least sixty percent (60%) or more of the roof surface of both primary and
accessory structures. In addition, in zones where the maximum permitted building
height is less than seventy‐five feet (75'), the maximum height of a publicly owned
structure may be increased as follows, up to a maximum height of seventy‐five
(75') to the highest point of the building:
a. When abutting a public street, one (1) additional foot of height for
each additional one and one‐half feet (1‐1/2') of perimeter building setback
AGENDA ITEM # 8. d)
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beyond the minimum street setback is required at street level unless such
setbacks are otherwise discouraged (e.g., inside the Center Downtown Zone);
b. When abutting a common property line, one (1) additional foot of
height for each additional two feet (2') of perimeter building setback beyond the
minimum is required along a common property line; and
c. On lots four (4) acres or greater, five (5) additional feet of height
for every one percent (1%) reduction below a twenty percent (20%) maximum lot
area coverage for public amenities such as recreational facilities, and/or
landscaped open space areas, etc., when these are open and accessible to the
public during the day or week, is permitted.
SECTION VIII. Section 4‐9‐030 of the Renton Municipal Code, as it reads after passage
and adoption of Ordinance No. 5960, is amended as follows:
4‐9‐030 CONDITIONAL USE PERMITS:
A. PURPOSE:
The purpose of this Section is to set forth procedures and criteria for reviewing
Conditional Use Permit applications. Conditional Use Permits allow for review of
certain uses with special characteristics that may not generally be appropriate
within a zoning district, but may be permitted subject to conditions and mitigation
measures that protect public health, safety and welfare and ensure compatibility
with other uses in the district.
B. APPLICABILITY:
AGENDA ITEM # 8. d)
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Except for Shoreline Conditional Uses per RMC 4‐9‐190, Shoreline Permits, the
provisions of this Section shall apply to all Conditional Use Permit applications. No
existing building or structure shall be converted to a conditional use unless such
building or structure complies, or is brought into compliance, with the provisions
of this Section.
C. REVIEW AUTHORITY:
1. General: RMC 4‐2‐050C explains how to interpret the Zoning Use Tables.
Uses identified with an “AD” (Conditional Use – Administrative) in RMC 4‐2‐060,
Zoning Use Table, shall be reviewed administratively by the Community and
Economic Development Administrator while uses identified with an “H”
(Conditional Use – Hearing Examiner) shall require a public hearing and review by
the Hearing Examiner.
2. Exception when Significant Concerns Remain: In cases where the
Administrator and/or the Environmental Review Committee determines that
there are significant unresolved concerns raised by a proposal that would
otherwise be reviewed administratively, the Administrator and/or the
Environmental Review Committee may issue a determination that a public hearing
and Hearing Examiner review is required. Such determination may be appealed to
the Hearing Examiner pursuant to RMC 4‐8‐110E.
D. DECISION CRITERIA:
AGENDA ITEM # 8. d)
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Except for wireless communication facilities, and increases to maximum height
and/or density, the Administrator or the Hearing Examiner shall consider, as
applicable, the following factors for applications:
1. Consistency with Plans and Regulations: The proposed use shall be
compatible with the general goals, objectives, policies and standards of the
Comprehensive Plan, the zoning regulations and any other plans, programs, maps
or ordinances of the City of Renton.
2. Appropriate Location: The proposed location shall not result in the
detrimental overconcentration of a particular use within the City or within the
immediate area of the proposed use. The proposed location shall be suited for the
proposed use.
3. Effect on Adjacent Properties: The proposed use at the proposed
location shall not result in substantial or undue adverse effects on adjacent
property.
4. Compatibility: The proposed use shall be compatible with the scale and
character of the neighborhood.
5. Parking: Adequate parking is, or will be made, available.
6. Traffic: The use shall ensure safe movement for vehicles and pedestrians
and shall mitigate potential effects on the surrounding area.
7. Noise, Light and Glare: Potential noise, light and glare impacts from the
proposed use shall be evaluated and mitigated.
AGENDA ITEM # 8. d)
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8. Landscaping: Landscaping shall be provided in all areas not occupied by
buildings, paving, or critical areas. Additional landscaping may be required to
buffer adjacent properties from potentially adverse effects of the proposed use.
9. Specific Requirements for Kennels and Pet Day Cares: In addition to the
criteria above, the following criteria shall also be considered for kennel and pet
day care applications:
a. History: Past history of animal control complaints relating to the
applicant’s dogs and cats at the address for which the kennel and/or pet day care
is located or to be located. Conditional Use Permits shall not be issued for kennels
or pet day cares to applicants who have previously had such permits revoked or
renewal refused, for a period of one year after the date of revocation or refusal to
renew.
b. Standards for Keeping Animals: The applicant or facility owner shall
comply with the requirements of RMC 4‐4‐010, Animal Keeping and Beekeeping
Standards.
10. Specific Requirements for Secure Community Transition Facilities
(SCTF), Crisis Diversion Facilities (CDF) and Crisis Diversion Interim Service
Facilities (CDIS): In addition to the criteria in subsections D1 through D8 of this
Section, the following criteria shall be considered for secure community transition
facilities, crisis diversion facilities, and interim service facilities:
a. Whether alternative locations were reviewed and consideration was
given to sites that are farthest removed from any risk potential activity;
AGENDA ITEM # 8. d)
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b. Whether adequate buffering is provided from abutting and adjacent
uses;
c. Whether adequate security is demonstrated by the applicant;
d. Whether public input was provided during the site selection process;
and
e. For SCTF there is no resulting concentration of residential facility
beds operated by the Department of Corrections or the Mental Health Division of
the Department of Social and Health Services, the number of registered sex
offenders classified as Level II or Level III, and the number of sex offenders
registered as homeless in a particular neighborhood, community, jurisdiction or
region.
11. Specific Requirements for Live‐Work Units: In addition to the criteria
in subsections D1 through D8 of this Section and the development standards of
the zone where the unit(s) is proposed, the following criteria shall be considered:
a. Each unit shall:
i. Not exceed a maximum of one thousand (1,000) square feet of
nonresidential space for commercial activity;
ii. Include all nonresidential space, to the maximum allowed,
constructed to commercial building standards;
iii. Provide an internal connection between the residential and
nonresidential space within each unit; and
AGENDA ITEM # 8. d)
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iv. Provide a street presence and pedestrian‐oriented facade for
the nonresidential space.
b. Only the following uses are allowed within the nonresidential space
of a unit:
i. Eating and drinking establishments;
ii. On‐site services; and
iii. Retail sales.
c. Within the Residential‐14 (R‐14) Zone, live‐work units shall only be
allowed along primary, minor, and collector arterials.
d. Within the Commercial Arterial (CA) Zone, live‐work units shall only
be allowed at a distance of one hundred fifty feet (150') or greater from an arterial.
E. DECISION CRITERIA – WIRELESS COMMUNICATION FACILITIES:
1. Decision Criteria: In lieu of the criteria in subsection D of this Section,
Decision Criteria, the following criteria in subsections E1a through i of this Section
shall be considered in determining whether to issue a conditional use permit for a
wireless communication facility (WCF) except a small cell facility; however, the
Administrator may waive or reduce the burden on the applicant of one or more of
these criteria if the Administrator concludes that the goals of RMC 4‐4‐140,
Wireless Communication Facilities, are better served by the applicant’s proposal.
In lieu of the criteria in subsection D of this Section, Decision Criteria, the following
criteria in subsections E1a through d and f of this section shall be considered in
determining whether to issue an administrative conditional use permit for a small
AGENDA ITEM # 8. d)
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cell facility; however, the Administrator may waive or reduce the burden on the
applicant of one or more of these criteria if the Administrator concludes that the
goals of RMC 4‐4‐140, Wireless Communication Facilities, are better served by the
applicant’s proposal:
a. Height and Design: The height of the proposed tower and/or
antenna as well as incorporation of design characteristics that have the effect of
reducing or eliminating visual obtrusiveness.
b. Proximity to Surrounding Uses: The nature of uses on adjacent and
nearby properties and the proximity of the tower and/or antenna to residential
structures and residential district boundaries.
c. Nature of Surrounding Uses: The nature of uses on adjacent and
nearby properties. The proposed use at the proposed location shall not result in
substantial or undue adverse effects on adjacent property.
d. Topography and Vegetation: The surrounding topography and tree
canopy coverage.
e. Ingress/Egress: The proposed ingress and egress.
f. Impacts: The potential noise, light, glare, and visual impacts.
g. Collocation Feasibility: The availability of suitable existing towers
and other structures to accommodate the proposal.
h. Consistency with Plans and Regulations: The compatibility with the
general purpose, goals, objectives and standards of the Comprehensive Plan, this
Title, and any other City plan, program, map or ordinance.
AGENDA ITEM # 8. d)
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i. Landscaping: Additional landscaping may be required to buffer
adjacent properties from potentially adverse effects of the proposed use.
2. Revisions to Conditional Use Permits for Wireless Communication
Facilities: In lieu of the criteria in RMC 4‐9‐030G, Major and Minor Revisions, the
following criteria shall be considered in determining whether a proposed
alteration to a wireless communication facility, including a small cell facility,
constitutes a major or minor revision to a previously approved conditional use
permit:
a. Major Revision: A proposed major alteration to an existing WCF
tower, as defined by RMC 4‐4‐140E, Alteration of Existing Tower, shall be deemed
a major revision. Major revisions to an approved Conditional Use Permit shall
require a new application. For major revisions that, due to extraordinary
circumstances, would result in a highly unreasonable and unconscionable burden
on the applicant or permit holder, if the applicant or permit holder were required
to go through a new application process, the Administrator may permit the major
revision to be treated as a minor revision.
b. Minor Revision: A proposed minor alteration to an existing WCF
tower, as defined by RMC 4‐4‐140E, Alteration of Existing Tower, shall be deemed
a minor revision. Minor revisions may be permitted by an administrative
determination.
F. DECISION CRITERIA – HEIGHT INCREASES:
AGENDA ITEM # 8. d)
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In lieu of the criteria in subsection D of this Section, Decision Criteria, the
following criteria in subsections F1 through 5 of this section shall be considered in
determining whether to issue a conditional use permit to exceed the maximum
height allowed when indicated as an option in the development standards for the
particular zone:
1. Comprehensive Plan: The proposed height increase shall be compatible
with the general purpose, goals, objectives and standards of the Comprehensive
Plan, the zoning regulations and any other plan, program, map or regulation of the
City.
2. Effect on Abutting and Adjacent Properties: Building heights shall not
result in substantial or undue adverse effects on adjacent and abutting
property. When a building in excess of the maximum height is proposed adjacent
to or abutting a lot with a maximum height less than the subject property,
increased setbacks and/or step‐backs may be appropriate to reduce adverse
effects on adjacent or abutting property.
3. Bulk and Scale: Upper floor step‐backs, varied tower heights with
separation, and/or other architectural methods shall be integrated into the design
to provide a human‐scaled building edge along the street with access to sky views.
Bulk reduction methods such as varied building geometry, variety in materials,
texture, pattern or color, architectural rooftop elements, and/or other techniques
shall be provided.
AGENDA ITEM # 8. d)
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4. Light and Glare: Buildings(s) shall be designed so that light and glare
impacts upon streets, public facilities, and public open spaces are minimized.
5. Shade and Shadow: Building(s) shall be designed so that shade and
shadow impacts on adjacent shadow‐sensitive uses (e.g., residential, outdoor
restaurants, open spaces, and pedestrian areas) are minimized.
G. DECISION CRITERIA – DENSITY INCREASES:
In lieu of the criteria in subsection D of this Section, Decision Criteria, the
following criteria in subsections G1 through 5 of this section shall be considered
in determining whether to issue a conditional use permit to exceed the maximum
net residential density allowed when indicated as an option in the development
standards for the particular zone:
1. Comprehensive Plan: The proposed density increase shall be
compatible with the general purpose, goals, objectives and standards of the
Comprehensive Plan, the zoning regulations and any other plan, program, map or
regulation of the City.
2. Location: The surrounding street network contains sufficient capacity to
accommodate pedestrian and vehicle traffic. Public transit shall be accessible to
residents.
3. Diverse unit mix: The development shall not be limited to studio and/or
one (1) bedroom units and shall provide a mix of bedroom counts to
accommodate families with more than two (2) members.
AGENDA ITEM # 8. d)
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4. Light and air: Units shall provide adequate access to light and air. Units
shall abut the building’s exterior walls and contain windows.
5. Parking: The development shall provide adequate parking for residents
and guests.
H. DECISION CRITERIA – ACCESSORY DWELLING UNIT (ADU) OWNER
OCCUPANCY EXEMPTION:
In addition to the criteria in subsection D of this Section, Decision Criteria, the
following criteria in subsections H1 through H5 of this Section apply to an ADU
application seeking an exemption from owner occupancy requirements.
1. New Construction: As a condition of approval, both the primary and
ADU must be new construction. Building permit review for the primary dwelling
and ADU shall be submitted simultaneously.
2. Maintenance Bond: As a condition of approval, the person or persons
holding title to the property shall execute a maintenance bond to ensure the
property owner remains responsible for continued maintenance of dwellings, on‐
site landscaping, and other site maintenance as determined by the Administrator.
3. Quantity: There shall be a minimum of two (2) lots each with a primary
structure and an ADU. The two lots shall be abutting unless otherwise approved
as part of a plat application.
4. Affordability: Fifty percent (50%) of the total units shall be designated
as and remain affordable at sixty percent (60%) of the Area Median Income (AMI).
AGENDA ITEM # 8. d)
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The property owner/applicant shall demonstrate experience and/or ability
to provide affordable housing and identify a third‐party entity who will document
compliance with the affordable housing requirements for annual reporting.
Within thirty (30) days after the first anniversary of the issuance the Certificate of
Occupancy and each year thereafter for thirty (30) years, the applicant/owner
shall file an annual report with the Administrator. The report shall contain such
information as the Administrator may deem necessary or useful, and shall at a
minimum include the following information:
a. A certification that the project has been in compliance with the
affordable housing requirements since the City issued the project’s Certificate of
Occupancy and that the project continues to be in compliance with the contract
entered into with the City per subsection H5 and with the requirements of this
subsection;
b. The number of dwellings sold during the twelve (12) months ending
with the anniversary date;
c. The total sale amount of each affordable housing unit for
households at or below sixty percent (60%) of the area median income sold during
the twelve (12) months ending with the anniversary date, as applicable;
d. The income of each purchaser (at the time of purchase) of an
affordable housing unit for households at or below sixty (60%) percent of median
income during the twelve (12) months ending with the anniversary date, as
applicable; and
AGENDA ITEM # 8. d)
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e. Documentation that a third‐party entity has monitored the
project’s compliance with the non‐owner occupancy exemption, including but not
limited to the affordable housing requirements.
5. Contract: If the Conditional Use Permit is approved, the
applicant/owner shall enter a contract with the City, approved by the
Administrator, regarding the terms and conditions of this project under this
subsection H. The contract shall be executed and recorded against the subject real
property at the applicant/owner’s expense before the issuance of the Certificate
of Occupancy. If the applicant/owner fails to timely execute and record the
contract the CUP shall be revoked and onsite owner occupancy shall be required.
FI. PROCEDURES:
1. General: Applications shall be reviewed in accordance with chapter 4‐8
RMC, Permits – General and Appeals.
2. Pre‐application Conference: Applicants are encouraged to consult early
and informally with representatives of the Planning Division and other affected
departments.
3. Submittal Requirements and Application Fees: Submittal requirements
shall be as listed in RMC 4‐8‐120C, Land Use Permit Submittal Requirements, as it
exists or may be amended.
4. Public Notice and Comment Period Required: Whenever a complete
application is received, the Planning Division shall be responsible for providing
AGENDA ITEM # 8. d)
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public notice of the pending application, pursuant to RMC 4‐8‐090, Public Notice
Requirements, as it exists or may be amended.
5. Determining Necessity for Public Hearing: Upon receipt of the final
departmental comments and after the close of the public comment period, the
Administrator and/or the Environmental Review Committee shall determine the
necessity for a public hearing pursuant to subsection C2 of this Section.
6. Administrative Approvals: For projects not requiring a public hearing,
the Administrator shall take action on the proposed Conditional Use Permit in
accordance with the procedures in RMC 4‐8‐100, as it exists or may be amended.
7. Hearing Process and Examiner Authority: For projects requiring a public
hearing, the Hearing Examiner shall take action in accordance with the procedures
in RMC 4‐8‐100, Application and Decision – General, as it exists or may be
amended.
8. Decision and Conditions: The Administrator may grant a Conditional
Use Permit, with or without conditions, or deny the requested Conditional Use
Permit. The Administrator or Hearing Examiner shall have authority to grant the
Conditional Use Permit upon making a determination, in writing, that the use is
consistent with the applicable decision criteria in this Section. The Administrator
or Hearing Examiner may require additional setbacks, fencing, screening,
soundproofing, public improvements or any other appropriate measures
necessary to ensure compatibility with the surrounding neighborhood, and may
specify the term and duration of the Conditional Use Permit. Conditions imposed
AGENDA ITEM # 8. d)
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by the Administrator or Hearing Examiner shall reasonably assure that nuisance
or hazard to life or property will not develop.
9. Timeline to Apply for Associated Permits: Building permits, licenses or
land use permits required for the operation of a Conditional Use Permit shall be
applied for within two (2) years of the date of Conditional Use Permit approval,
unless an extended time frame is granted by the Administrator or Hearing
Examiner. A single two (2) year extension may be granted for good cause by the
Administrator.
GJ. MAJOR AND MINOR REVISIONS:
1. Major Revisions: Major revisions to an approved Conditional Use Permit
shall require a new application. For major revisions that due to extraordinary
circumstances would result in a highly unreasonable and unconscionable burden
on the applicant or permit holder, if the applicant or permit holder was required
to go through a new application process, the Administrator may permit the major
revision to be treated as a minor revision.
2. Minor Revisions: Minor revisions may be permitted by an administrative
determination if the revision does not:
a. Involve more than a ten percent (10%) increase in area or intensity
of the use; or
b. Result in any significant environmental impact not adequately
reviewed or mitigated by previous documents; or
c. Expand onto property not included in original proposal.
AGENDA ITEM # 8. d)
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SECTION IX. If any section, subsection, sentence, clause, phrase or work 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 X. 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 ___________________, 2020.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2020.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:2100:2/10/2020
AGENDA ITEM # 8. d)
ORDINANCE NO. ________ 33 [ATTACHMENT A] 4‐2‐120.B DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CD, CO, & COR) CD CO COR DENSITY (Dwelling Units per Net Acre) Minimum Net Residential Density 25 dwelling units per net acre.9The minimum density requirements shall not apply to the subdivision and/or development of a legal lot 1/2 acre or less in size as of March 1, 1995. 75 dwelling units per net acre.22Where a development involves residential, the minimum density shall be 30 dwelling units per net acre.9 The same area used for commercial and office development can also be used to calculate residential density. Where commercial and/or office areas are utilized in the calculation of density, the City may require restrictive covenants to ensure the maximum density is not exceeded should the property be subdivided or in another manner made available for separate lease or conveyance. Maximum Net Residential Density9 100 dwelling units per net acre.Density may be increased to 150 dwelling units per net acre subject to administrative conditional use permit approval.1, 21 150 dwelling units per net acre.Density may be increased up to 250 dwelling units per net acre subject to administrative conditional use permit approval.1, 21 50 dwelling units per net acre.1, 21 The same area used for commercial and office development can also be used to calculate residential density. Where commercial and/or AGENDA ITEM # 8. d)
ORDINANCE NO. ________ 34 [ATTACHMENT A] CD CO COR office areas are utilized in the calculation of density, the City may require restrictive covenants to ensure the maximum density is not exceeded should the property be subdivided or in another manner made available for separate lease or conveyance. HEIGHT Maximum Building Height 95 ft. Heights may exceed the Zone’s maximum height with a Conditional Use Permit.6,10 250 ft.6,12 10 stories and/or 125 ft.6 Maximum Building Height When a Lot Is Abutting7 a Lot Designated as Residential 20 ft. more than the maximum height allowed in the abutting residential zone. Heights may exceed the maximum height with a Hearing Examiner Conditional Use Permit.6,17 20 ft. more than the maximum height allowed in the abutting residential zone.6 Determined through site plan review. Maximum Height for Wireless Communication Facilities6 See RMC 4‐4‐140 AGENDA ITEM # 8. d)
CITYOFRENTON,WASHINGTONORDINANCENO._______ANORDINANCEOFTHECITYOFRENTON,WASHINGTON,AMENDINGSUBSECTION4-2-115.E.2OFTHERENTONMUNICIPALCODE,AMENDINGRESIDENTIALSTANDARDSFORCOMMONOPENSPACE,PROVIDINGFORSEVERABILITY,ANDESTABLISHINGANEFFECTIVEDATE.WHEREAS,openspaceisasignificantelementinthedevelopmentoflivablecommunitiesandcreatesopportunitiesforgoodhealth;andWHEREAS,usableopenspacebecomesincreasingimportantasdensityincreases;andWHEREAS,thismatterwasdulyreferredtothePlanningCommissionforinvestigationandstudy,andthematterwasconsideredbythePlanningCommission;andWHEREAS,thePlanningCommissionheldapublichearingonOctober2,2019,consideredallrelevantmatters,andheardallpartiesinsupportoropposition,andsubsequentlyforwardedarecommendationtotheCityCouncil;andWHEREAS,pursuanttoRCW36.70A.106,onOctober16,2019,theCitynotifiedtheStateofWashingtonofitsintenttoadoptamendmentstoitsdevelopmentregulations;NOW,THEREFORE,THECITYCOUNCILOFTHECITYOFRENTON,WASHINGTON,DOORDAINASFOLLOWS:SECTIONI.AllportionsoftheRentonMunicipalCodeinthisordinancenotshowninstrikethroughandunderlineeditsremainineffectandunchanged.SECTIONII.Subsection4-2-115.E.2oftheRentonMunicipalCodeisamendedasshownbelow.Allotherprovisionsin4-2-115.Eremainineffectandunchanged.2.OpenSpace:1AGENDA ITEM # 8. e)
ORDINANCENO.OPENSPACE:Openspaceisasignificantelementinthedevelopmentoflivablecommunitiesandcreatesopportunitiesforgoodhealth.Guidelines:Allopenspaceshallbedesignedtopreserveexistingtreesparticularlynativeconifers,nativedeciduoustrees,andothernativevegetationconsistentwithRMC4-4-070,Landscaping.ExceptforNativeGrowthProtectionAreas,allcommonopenspaceareasshallbedesignedtoaccommodatebothactiveandpassiverecreationalopportunitiesandbevisibleandopentothestreet.Pocketparksshallbedesignedtoservefour(4)toten(10)homes.Privateyardsarelocatedattherearorsideofhomesandcanincludetrees,plantingbeds,andprivacyfences.Reciprocaluseeasementscanprovidegreaterusabilityofprivateyards.Landscaping:R-10andSeeRMC4-4-070,Landscaping.R-14[StandardsforParks:Fordevelopmentsthatarelessthanten(10)netacres:Noparkisrequired,butisR-10allowed.andR-14Fordevelopmentsthataregreaterthanten(10)netacres:Aminimumofoneone-half(.5)acrepark,inadditiontothecommonopenspacerequirement,isrequired.[StandardsforCommonOpenSpace:Developmentsofthree(3)orfewerdwellingunits:Norequirementtoprovidecommonopenspace.Developmentsoffour(4)ormoreunits:Requiredtoprovidecommonopenspaceasoutlinedbelow.Abovegrounddrainagefacilities(i.e.,ponds,swales,ditches,raingardens,etc.)shallnotbecountedtowardsthecommonopenspacerequirement.R-101.Foreachunitinthedevelopment,threehundredfifty(350)squarefeetofandcommonopenspaceshallbeprovided.R-142.Openspaceshallbedesignedasapark,commongreen,pea-patch,pocketpark,orpedestrianentryeasementinthedevelopmentandshallincludepicnicareas,spaceforrecreationalactivities,andotheractivitiesasappropriate.3.Openspaceshallbelocatedinahighlyvisibleareaandbeeasilyaccessibletotheneighborhood.2AGENDA ITEM # 8. e)
ORDINANCENO.4.Openspace(s)shallbecontiguoustothemajorityofthedwellingsinthedevelopmentandaccessibletoalldwellings.Forsitesone(1)acreorsmallerinsize,openspace(s),andshallbeatleasttwentythirtyfeet(230’)inatleastone(1)dimension.Forsiteslargerthanone(1)acreinsize,openspace(s)shallbeatleastfortyfeet(40’)inatleastone(1)dimension.Forallsites,toallowforvariation,openspace(s)oflessthantheminimumdimension(thirtyfeet(30’)orfortyfeet(40’),asapplicable)areallowed;providedthatwhenallofasite’sopenspacesareaveragedtheapplicabledimensionrequirementismet.5.Apedestrianentryeasementcanbeusedcountedasopenspacetomeettheaccessrequirementsifithasaminimumwidthoftwentyfeet(20’)withandwithinthattwentyfeet(20’)aminimumfivefeet(5’)ofsidewalkisprovided.6.Pea-patchesshallbeatleastonethousand(1,000)squarefeetinsizewithindividualplotsthatmeasureatleasttenfeetbytenfeet(10’x10’).Additionally,thepea-patchshallincludeatoolshedandacommonareawithspaceforcompostbins.Watershallbeprovidedtothepea-patch.Fencingthatmeetsthestandardsforfrontyardfencingshallsurroundthepea-patchwithaonefoot(1’)landscapeareaontheoutsideofthefence.Thisareaistobelandscapedwithflowers,plants,and/orshrubs.7.Grass-creteorotherpervioussurfacesmaybeusedinthecommonopenspaceforthepurposeofmeetingtheonehundredfiftyfeet(150’)distancerequirementforemergencyvehicleaccessbutshallnotbeusedforpersonalvehicleaccessortomeetoff-streetparkingrequirements.8.Commonopenspaceareasshallhaveamaximumslopeoffivepercent(5%).9.Obstructions,suchasretainingwallsandfences,shallnotbeplacedincommonopenspaces.fStandardsforPrivateYards:3AGENDA ITEM # 8. e)
ORDINANCENO.Developmentsofthree(3)orfewerdwellingunits:Eachindividualdwellingshallhaveaprivateyardthatisatminimumsixhundred(600)squarefeetinsize.Backyardpatiosandreciprocaluseeasementsmaybeincludedinthecalculationofprivateyard.R-10Developmentsoffour(4)ormoredwellingunits:Eachground-relateddwellingshallandR44haveaprivateyardthatisatleasttwohundredfifty(250)squarefeetinsizewithnodimensionlessthaneightfeet(8’)inwidth.Anadditionaltwohundredfifty(250)squarefeetofopenspaceperunitshallbeaddedtotherequiredamountofcommonopenspaceforeachunitthatisnotgroundrelated.CommonOpenSpaceorParkSubstitutions:R-10SeeRMC4-1-240.andR-14[Sidewalks,Pathways,andPedestrianEasements:Allofthefollowingarerequired:1.Sidewalksshallbeprovidedthroughouttheneighborhood.Thesidewalkmaydisconnectfromtheroad,provideditcontinuesinalogicalroutethroughoutthedevelopment.Permeablepavementsidewalksshallbeusedwherefeasible,consistentwiththeSurfaceWaterDesignManual.2.Frontyardsshallhaveentrywalksthatareaminimumwidthofthreefeet(3’)R40andamaximumwidthoffourfeet(4’).andR143.Pathwaysshallbeusedtoconnectcommonparks,greenareas,andpocketparkstoresidentialaccessstreets,limitedresidentialaccessstreets,orotherpedestrianconnections.Theymaybeusedtoprovideaccesstohomesandcommonopenspace.Theyshallbeaminimumthreefeet(3’)inwidthandmadeofpavedasphalt,concrete,orporousmaterialsuchas:porouspavingstones,crushedgravelwithsoilstabilizers,orpavingblockswithplantedjoints.Sidewalksorpathwaysforparksandgreenspacesshallbelocatedattheedgeofthecommonspacetoallowalargerusablegreenandeasyaccesstohomes.4AGENDA ITEM # 8. e)
ORDINANCENO._______4.PedestrianEasementPlantings:Shallbeplantedwithplantsandtrees.Treesarerequiredalongallpedestrianeasementstoprovideshadeandspacedtwentyfeet(20’)oncenter.Shrubsshallbeplantedinatleastfifteenpercent(15%)oftheeasementandshallbespacednofurtherthanthirtysixinches(36”)oncenter.5.Forallhomesthatdonotfrontonaresidentialaccessstreet,limitedresidentialaccessstreet,apark,oracommongreen:Pedestrianentryeasementsthatareatleastfifteenfeet(15’)wideplusafive-foot(5’)sidewalkshallbeprovided.SECTIONIII.Ifanysection,subsection,sentence,clause,phraseorworkofthisordinanceshouldbeheldtobeinvalidorunconstitutionalbyacourtorcompetentjurisdiction,suchinvalidityorunconstitutionalitythereofshallnotaffecttheconstitutionalityofanyothersection,subsection,sentence,clause,phraseorwordofthisordinance.SECTIONIV.Thisordinanceshallbeinfullforceandeffectfive(5)daysafterpublicationofasummaryofthisordinanceintheCity’sofficialnewspaper.Thesummaryshallconsistofthisordinance’stitle.PASSEDBYTHECITYCOUNCILthis_______dayof___________________,2020.JasonA.Seth,CityClerkAPPROVEDBYTHEMAYORthis_______dayof______________________,2020.ArmondoPavone,Mayor5AGENDA ITEM # 8. e)
ORDINANCENO.Approvedastoform:ShaneMoloney,CityAttorneyDateofPublication:_______________ORD:2099:12/2/196AGENDA ITEM # 8. e)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SUBSECTION 2‐8‐6.A OF THE RENTON MUNICIPAL CODE, BY REFINING DUTIES OF
THE RENTON MUNICIPAL ARTS COMMISSION (THE "COMMISSION") AND THE
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT RELATED TO THE
CITY ART COLLECTION, APPROVING COMMISSION BYLAWS, PROVIDING FOR
SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, it is necessary to update RMC 2‐8‐6.A to refine the Commission’s
responsibilities and duties related to the City Art Collection; and
WHEREAS, pursuant to RMC 2‐8‐4, the Commission's bylaws shall be approved by 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 2‐8‐6.A of the Renton Municipal Code is amended as follows:
A. The Commission shall serve as steward of the City Art Collection
(“Collection”). The Community and Economic Development Department may
manage the Collection by maintaining an inventory of works. It is the responsibility
of the Commission to manage the Collection by maintaining an accurate inventory
of works. The Commission shall, on an annual basis, inspect the Collection in order
to provide verification to the Mayor or designee and City Council of the location
and condition of all works in the Collection.
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
2
SECTION III. The Commission bylaws, attached hereto as Exhibit "A" and incorporated
by this reference, are approved. A copy of the approved bylaws shall be on file with the City Clerk.
SECTION IV. Amendments to the Commission bylaws, and/or new Commission bylaws,
may be approved by Council resolution.
SECTION V. If any section, subsection, sentence, clause, phrase or work 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 VI. This ordinance shall be in full force and effect thirty (30) 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 ___________________, 2020.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2020.
Armondo Pavone, Mayor
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
3
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:2102:12/19/19
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
4
EXHIBIT “A”
RENTON MUNICIPAL ARTS COMMISSION
BYLAWS
AGENDA ITEM # 8. a)
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 shall be as established in Renton Municipal Code (RMC) 2‐8‐2.
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 an original appointment.
ARTICLE IV – OFFICERS AND ELECTIONS
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.
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. Unless removed from the Commission, each officer shall
serve until a successor has been duly elected. All officers shall be elected by a majority vote of
the quorum.
ARTICLE V – DUTIES OF OFFICERS
1. The Chairman shall preside at all meetings and serve as an ex officio member of all
committees. The Chairman may call special Commission and/or committee meetings.
The Chairman shall appoint special committees and shall fill vacancies on said
committees as they occur.
2. The Vice Chairman shall, in the absence of the Chairman, perform the duties and
possess the powers of the Chairman, and, in addition, perform other duties assigned by
the Chairman.
3. The Secretary shall conduct the general correspondence of the Commission.
AGENDA ITEM # 8. a)
ARTICLE VI – MEETINGS
Regular meetings of the Commission shall be held on the first Tuesday of each month.
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 quorum.
Special meetings of the members may be called by the Chairman, or Vice Chairman in absence
of the Chairman, 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.
ARTICLE VII –COMMITTEES
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
readily available expertise regarding the policies and direction of the Commission, (ii) provide
broad community participation in Commission activities, and (iii) examine issues brought before
the Committee and make recommendations to the Commission.
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.
Standing Committees. The Commission shall maintain the following standing Committees:
1. 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 panel recommendations, program
policy and implementation, and issues and recommendations for grantmaking.
2. Nominating Committee. The Committee shall consist of a minimum of two
Commissioners. 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
subcommittees.
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.
AGENDA ITEM # 8. a)
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
quorum:
1. Approval of minutes of previous meeting and other unapproved minutes
2. Correspondence
3. Committee reports (standing and special)
4. Old business
5. New business
6. Announcements
7. 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.
ARTICLE XI ‐ DEACCESSION POLICIES AND PROCEDURE
1. Pursuant to RMC 2‐8‐6.G, the Commission may occasionally find it necessary to
deaccession 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 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 shall seek opinions on the
disposition of the subject artwork from the artist community and general public.
4. If the Commission wishes to proceed with a recommendation that the City Council
deaccession one or more pieces of artwork, the Commission shall prepare and deliver to
the City Council a recommendation that includes the following:
a. The Commission’s findings on the appropriateness of deaccessioning the
artwork;
b. The Commission’s recommendations on the disposition of the artwork, including
a summary of input obtained from the artist community and general public and
AGENDA ITEM # 8. a)
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 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 CERTIFIES THAT THE ABOVE AND FOREGOING
VERSION OF ITS BYLAWS WERE DULY ADOPTED BY THE MEMBERS OF SAID COMMISSION ON
THE ___ DAY OF ________, _____, AFTER APPROVAL BY THE RENTON CITY COUNCIL.
AGENDA ITEM # 8. a)