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Home My WebLink AboutMalone 12.14.20From: Daniel Malone <dmalone@desc.org> To: Armondo Pavone <APavone@Rentonwa.gov>; Ed Prince <EPrince@Rentonwa.gov>; Ryan McIrvin & lt;RMcIrvin@Rentonwa.gov>; Randy Corman <Rcorman@Rentonwa.gov>; Valerie O'Halloran <VOHa lloran@Rentonwa.gov>; Ruth Pérez <RPerez@Rentonwa.gov>; Kim-Khánh Văn <KVan@Rentonwa.gov >; Angelina Benedetti <ABenedetti@Rentonwa.gov> Cc: Julia Medzegian <Jmedzegian@Rentonwa.gov>; Lisa Chaiet Rahman <lrahman@nwresourcelaw.com&g t;; "Cc: CityClerk" <CityClerk@Rentonwa.gov> Date: 2020-12-14 17:10 Subject: updated comments on City of Renton Emergency Ordinance 5996 Attachments: image001.png CAUTION:ThisemailoriginatedfromoutsidetheCityofRenton.Donotclicklinks,replyoropenattachmentsunlessyouknowthecontentissafe. Dear Mayor Pavone and Renton City Councilmembers: Since I submitted comments to you on Friday 12/11 I became aware that a new version of Emergency Ordinance 5996 had been produced. Below please see comments from DESC’s counsel to the Renton City Attorney’s office describing changes we believe are important to make the ordinance workable. Please consider those comments an update to my email of last Friday. I also wanted to share brief comments about our efforts to collaborate with the police and fire services in Renton. From the beginning of this arrangement at the Red Lion, DESC has talked with Renton officials, including leaders at the police and fire departments, in order to effectively collaborate in managing and mitigating the effects of crisis situations that come up from time to time. We have appreciated these conversations and information-sharing, which have allowed us to effectively reduce the number of calls to 911 that require an on-site response by police or fire services. To clarify, the number of on-site responses is a low percentage of the publicly-reported 911 calls received. Additionally, fire responses are not accompanied by police escorts, as is stated in the draft ordinance. Thank you for your consideration of these comments and information from DESC. Daniel Malone Daniel Malone Executive Director DESC www.desc.org 515 Third Avenue Seattle WA 98104 206-515-1523 dmalone@desc.org From: Lisa Chaiet Rahman Sent: Monday, December 14, 2020 11:14 AM To: Leslie Clark <LClark@Rentonwa.gov> Cc: Elaine Spencer <espencer@nwresourcelaw.com>; Shane Moloney <SMoloney@Rentonwa.gov> Subject: RE: comments on City of Renton Emergency Ordinance 5996 Thank you for the update, Leslie. We are glad to see that the City has made several of our suggested deletions from the ordinance. As outlined in the memorandum, several revisions remain necessary to make the ordinance workable. The following revisions are important to ensure that a homeless services use can feasibly be sited in Renton without unreasonable financial burdens and geographic barriers: LR - 000918 •Insert the underlined language into RMC 4-4-045 Homeless Services Use as shown: •I.2.a. Number of Parking Stalls: Homeless services uses are unspecified under the terms of RMC 4‐4‐080.F.10.d, and required parking stalls shall be established by the Administrator, based on staff demand, feasibility, and available transit, and approved by the Hearing Examiner. •J.2. Common Areas: Common areas shall be provided to enhance resident enjoyment through inclusion of features such as libraries, roof decks, patios, and gardens. Unavailability of any one or more of these features will not prevent the approval of a homeless services use application. •K. Mitigation Measures: The City may impose reasonable and feasible conditions relating to the development, design, use, or operation of a homeless services use to mitigate environmental, public safety, or other identifiable impacts. • Delete the following provisions in their entirety from RMC 4-4-045 Homeless Services Use: • F.2.g(ii): A plan for deployment (including time, place and manner) of security patrols; • F.2.g(vi): A plan for managing individuals excluded from accessing the proposed homeless services; • I.3.b.(ii): Shelters shall locate greater than one‐half (0.5) mile from any other homeless services use, unless they are co‐located as part of a single development and do not serve more than a combined one hundred (100) residents. • L. Independent Technical Review: The City may require the applicant pay for independent technical review by a consultant retained by the City for review of materials submitted by the applicant to demonstrate compliance with the requirements of this Section. • Delete the language from the definition of “Homeless Services Use” in RMC 4-11-080 as shown below: •2. Overnight Shelter: Any facility that is operated for a long-term and indefinite period (and not in response to a single sudden event such as a natural disaster) for the primary purpose of providing temporary shelter for people experiencing homelessness in general or for specific populations of people experiencing homelessness. Supportive services may or may not be provided in addition to the provision of shelter. A COVID-19 deintensification shelter meeting this definition is a Homeless Services Use - Overnight Shelter. • Delete the language from the definition of “Social Service Organizations” in RMC 4-11-190 as shown below: •Social Service Organizations: Public or nonprofit agencies that provide counseling, therapy, job training, educational classes, food banks, clothing banks, or other social or human services to persons needing such services, but do not provide crisis intervention, day or night shelter, or case management. This does not include religious institutions, offices, government facilities, schools, hospitals, clinics, day care, homeless services uses, medical institutions, diversion facilities, lodging in any form, or residential uses. •Revise RMC 4-2-060 Zoning Use Table – Uses Allowed in Zoning Designations to allow homeless services uses in some residential zones and additional commercial zones. Specifically, we ask that, in addition to those currently included in the Ordinance, homeless services uses be permitted by Hearing Examiner Conditional Use Permit pursuant to the ordinance in the following zones: Residential-14 (R-14), Residential Multi-Family (RMF), Commercial Neighborhood Zone (CN), and Commercial Arterial (CA). The table should read as follows: USES:RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS RC R-1 R-4R-6 R-8 RMH R-10R-14 RMF IL IM IH CN CV CA CD CO COR UC G. OTHER COMMUNITY AND PUBLIC FACILITIES Homeless services use H H H H H H H H H As of the most recent draft, the City has declined to adopt our suggested changes to the zoning table and has elected to open a very limited number of zoning districts to homeless services uses. If the City again declines our proposed revision to the zoning use table, we request that the City allow for Hearing Examiner discretion in the conditional use permitting process in allowing a homeless services use to operate outside of these limited zones. As DESC and King County search for a location for a homeless services use that complies with the new ordinance, the limitations on siting within the approved zoning districts will prove a great barrier. Experienced and competent homeless services providers like DESC should be allowed to operate a facility in the zone where these types of buildings currently exist, which are the City’s other commercial zones and zones with multi-family housing. Insisting that homeless services providers operate almost exclusively in industrial zones is discriminatory and will prevent the siting of a facility. In addition to the above, we object to the findings of fact outlined in Attachment B to the extent that this narrative describes DESC’s actions as hostile or uncooperative with the City and describes DESC’s clients as dangerous to the citizens of Renton. We also disagree that the ordinance moots the ongoing lawsuit. Since its previous draft of the ordinance, the City has added statements regarding the letter sent to King County by the RRFA Fire Chief and Fire Marshal on December 9. The letter describes the RRFA’s perceived safety concerns regarding operations at the Red Lion and attempts to declare DESC’s use of the Red Lion an assisted living facility for fire code purposes. The letter was not sent to the owners of the building and DESC was cc’d on the letter along with numerous political figures. While DESC will be issuing a detailed response to RRFA’s letter, it objects to all statements in the ordinance regarding its use of the Red Lion being any sort of institutional occupancy for fire code purposes. LR - 000919 Understanding that the Council is likely to adopt this ordinance as written, our primary objective, as outlined in the memorandum, is to confirm the City’s stated intent to work with DESC to establish a homeless services use in Renton prior to June 1, 2021. We would like the Council to specifically commit at tonight’s meeting to: • Support efforts to locate and obtain a suitable pre-existing building for a homeless services use; • Help to ensure the designated pre-existing building complies with fire and building codes; • Assist DESC in efficiently completing its permit application under the ordinance; • Collaborate with DESC to efficiently move its permit application through the City’s approval process; and • Support DESC in its relocation. Please feel free to reach out to me with questions regarding this proposal. Thank you, Lisa Lisa Chaiet Rahman, Attorney lrahman@nwresourcelaw.com 206.971.1568 (d) 208.290.6014 (c) 101 Yesler Way, Suite 205 Seattle, WA 98104 www.nwresourcelaw.com CONFIDENTIALITY NOTICE: This email message and any included attachments are for the sole use of the intended recipient(s), and may contain confidential and/or privileged information. Do not read, copy, forward, or print this email message or any attachments unless you are the intended recipient. If you are not the intended recipient, please notify the sender and destroy all copies and printouts of this email message and/or attachments. From: Leslie Clark <LClark@Rentonwa.gov> Sent: Friday, December 11, 2020 4:52 PM To: Lisa Chaiet Rahman <lrahman@nwresourcelaw.com> Cc: Elaine Spencer <espencer@nwresourcelaw.com>; Shane Moloney <SMoloney@Rentonwa.gov> Subject: FW: comments on City of Renton Emergency Ordinance 5996 Hi, Lisa – LR - 000920 Thank you for the additional comments from DESC, attached. DESC’s attached memorandum appears to respond to the December 7 version of the proposed ordinance; we wanted to alert DESC that the version attached to the City Council’s December 14 agenda packet contains updates (as noted at Item 7.a of the 12/14 agenda). Thanks, Leslie Leslie Clark | Senior Assistant City Attorney City of Renton | 1055 S. Grady Way | Renton WA 98057 LClark@Rentonwa.gov Remote Work Numbers: Voicemail (unstaffed) (425) 430-6482 | Mobile (206) 369-5584 From: Daniel Malone <dmalone@desc.org> Sent: Friday, December 11, 2020 3:56 PM To: Armondo Pavone <APavone@Rentonwa.gov>; Angelina Benedetti <ABenedetti@Rentonwa.gov>; Randy Corman <Rcorman@Rentonwa.gov>; Ryan McIrvin <RMcIrvin@Rentonwa.gov>; Valerie O'Halloran <VOHalloran@Rentonwa.gov>; Ruth Pérez <RPerez@Rentonwa.gov>; Ed Prince <EPrince@Rentonwa.gov>; Kim-Khánh Văn <KVan@Rentonwa.gov> Cc: CityClerk <CityClerk@Rentonwa.gov>; Julia Medzegian <Jmedzegian@Rentonwa.gov> Subject: comments on City of Renton Emergency Ordinance 5996 CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless you know the content is safe. Dear Mayor Pavone and Renton City Councilmembers: Please find attached a memo re: Ordinance No. 5996: Emergency Ordinance Interim Zoning Controls - Homeless Shelters, which is on your agenda for Monday, December 14. I invite you to contact me to discuss this in further detail. Thank you. Daniel Malone Daniel Malone Executive Director DESC LR - 000921 515 Third Avenue Seattle WA 98104 206-515-1523 LR - 000922