HomeMy WebLinkAboutCity Council Committees - Committee of the Whole - 04/16/2024 KENT CITY COUNCIL
• COMMITTEE OF THE WHOLE
KENT Tuesday, April 16, 2024
W A S H IN G T O N
4:00 PM
Chambers
A live broadcast is available on Kent TV21,
www.facebook.com/CitvofKent, and
www.youtube.com/user/KentTV21
To listen to this meeting, dial
253-215-8782 or 253-205-0468
Enter Meeting ID: 87459075269
Join the meeting
Mayor Dana Ralph
Council President Satwinder Kaur
Councilmember Bill Boyce Councilmember Marli Larimer
Councilmember John Boyd Councilmember Zandria Michaud
Councilmember Brenda Fincher Councilmember Toni Troutner
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Item Description Action Speaker Time
1. CALL TO ORDER
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. DEPARTMENT PRESENTATIONS
Operations-Council President Kaur, Subject Matter Chair
A. Approval of Minutes YES
i. Committee of the Whole - Committee of the Whole - Regular Meeting - Apr
2, 2024 4:00 PM
B. Payment of Bills - Approve YES Paula Painter 01 MIN.
Economic and Community Development-Council member Larimer, Subject
Matter Chair
C. INFO ONLY: 2044 NO Kristen Holdsworth 15 MIN.
Comprehensive Plan Update
Committee of the Whole Committee of the Whole - April 16, 2024
Regular Meeting
Public Safety-Councilmember Boyce, Subject Matter Chair
D. Ordinance Amending KCC 9.36 YES Tammy White 09 MIN.
Relating to Traffic Camera
Violation Fines - Adopt
Public Works-Councilmember Fincher, Subject Matter Chair
E. 2024 Traffic Signal Shop Lease - YES Rob Brown 05 MIN.
Authorize
F. Reith Road Roundabouts - YES Thomas Leyrer 05 MIN.
Additional Transportation
Improvement Board Grant
Funding - Authorize
S. ADJOURNMENT
Unless otherwise noted, Council will hold Committee of the Whole at 4 p.m. on the first and third Tuesday of
each month.
Public Comment may be submitted in writing to the City Clerk at the meeting,which will be distributed to
each councilmember and admitted into the record, but will not be read aloud at the meeting. In order to
be admitted into the record,written comments shall be submitted not less than three hours prior to the start
of the Committee of the Whole meeting to Cityclerk@kentwa. ov, unless a person appears in-person,in
which case,the written comments will be handed to the City Clerk and will be admitted into the record of
the Committee of the Whole meeting.
For additional information, please contact Kimberley A. Komoto, City Clerk at 253-856-5725,or
email CityClerk@kentwa.gov.
Any person requiring a disability accommodation should contact the City Clerk at 253-856-5725 in advance
of the meeting. For TDD relay service, call Washington Telecommunications Relay Services at 7-1-1.
4.A.1
Pending Approval
Kent City Council - Committee
• of the Whole
KENT Committee of the Whole -
WAS M IN G 7 0 N
Regular Meeting
Minutes
April 2, 2024
Date: April 2, 2024
Time: 4:00 p.m.
Place: Chambers
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1. CALL TO ORDER
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Council President Kaur called the meeting to order.
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2. ROLL CALL o
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Attendee Name Title Status Arrived a
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Satwinder Kaur Council President Present
Bill Boyce Councilmember Present a.
John Boyd Councilmember Present
Brenda Fincher Councilmember Present
Marli Larimer Councilmember Present N
Zandria Michaud Councilmember Present N
Toni Troutner Councilmember Present 0
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3. AGENDA APPROVAL
A. I move to approve the agenda as presented.
ER SULT: MOTION PASSES [UNANIMOUS]
MOVER: Bill Boyce, Councilmember a
SECONDER: John Boyd, Councilmember
AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner a
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4. DEPARTMENT PRESENTATIONS
A. Approval of Minutes YES
i. Committee of the Whole - Committee of the Whole - Regular Meeting -
Mar 19, 2024 4:00 PM
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4.A.1
Kent City Council - Committee of the Whole April 2, 2024
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
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RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Boyce, Councilmember
SECONDER: John Boyd, Councilmember
AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner
B. INFO ONLY: Wildland-Urban Interface Code
Economic and Community Development Deputy Director Matt Gilbert advised
that the State needs additional time to evaluate the Wildland-Urban Interface N
Code. It may take more than a year before the State is ready to move
forward and another public hearing may be required.
C. Chou Property Purchase Agreement - Kherson Park Expansion - 0
Authorize >
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Deputy Parks Director Brian Levenhagen provided details on the purchase of a
the Chou property at Kherson Park. This purchase will allow the City to move Q
forward with the design process.
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MOTION: I move to authorize the Mayor to take all action and o
sign all documents to purchase the Li Chou property for
$347,000, plus closing costs, on final terms acceptable to the o
Parks Director and City Attorney and ratify all actions N
consistent with this motion. N
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RESULT: MOTION PASSES [UNANIMOUS] Next: 4/2/2024 7:00 PM 0
MOVER: Zandria Michaud, Councilmember a
SECONDER: Marli Larimer, Councilmember
AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner
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D. Agreement with EarthCorps for Mill Creek Canyon Trail Repair - a
Authorize 0
Parks Planner Bryan Higgins provided information on the work that will be Q
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done by EarthCorps in the Mill Creek canyon to repair an area where a slide
occurred in November of 2022. c
MOTION: I move to authorize the Mayor to sign a trail repair
agreement with EarthCorps, subject to final terms and
conditions acceptable to the Parks Director and City Attorney.
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4.A.1
Kent City Council - Committee of the Whole April 2, 2024
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
RESULT: MOTION PASSES [UNANIMOUS] Next: 4/16/2024 7:00 PM
MOVER: Zandria Michaud, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner
E. Consultant Services Agreement with Herrera Environmental for
the Boeing Rock Enhancement Project - Authorize
Senior Biologist Christina Neff detailed the work that will be done by Herrera
Environmental on the Boeing Rock Recreation/Habitat Enhancement project,
that will include a feasibility and alternatives assessment.
MOTION: I move to authorize the Mayor to sign a Consultant o
Services Agreement with Herrera Environmental Consultants, 'o
Inc. subject to final terms and conditions acceptable to the City a
Attorney and the Directors of Public Works and Parks. Q
RESULT:T: MOTION PASSES [UNANIMOUS] Next: 4/16/2024 7:00 PM 1 a
MOVER: Brenda Fincher, Councilmember o
SECONDER: Toni Troutner, Councilmember
AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner N
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F. Highway Safety Improvement Program - City Safety Road Diets a
Grant - Accept Additional Funds c
Public Works Engineer Drew Holcomb provide details on the City Safety Road a
Diets Highway Safety Improvement Program Grant Acceptance and advised
the following three projects have received additional funding from WSDOT.
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• 4th Avenue North (South 228th Street to West James Street)
• West Meeker Street - Lincoln Avenue North - East Smith Street (Washington
Avenue North to 4th Avenue North)
• South 260th Street - South 259th Place (Pacific Highway South to Military Road N
South)
MOTION: I move to accept additional grant funds from the
Washington State Department of Transportation in the amount
of $283,605, for the City Safety Road Diets Grant, amend the
budget, authorize expenditure of the grant funds, and
authorize the Mayor to sign all necessary documents, subject to
final terms and conditions acceptable to the City Attorney and
Public Works Director.
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Kent City Council - Committee of the Whole April 2, 2024
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
RESULT: MOTION PASSES [UNANIMOUS] Next: 4/16/2024 7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner
G. 132nd Avenue S.E. Multi-Use Path - Transportation
Improvement Board Grant - Authorize
Public Works Engineer III Toby Hallock detailed the 132nd Avenue SE Multi-
Use - Transportation Improvement Board Grant.
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The grant funds will be utilized to create a separate path for pedestrians and —
cyclists on 132nd Avenue S.E. from S.E. 240th Street - SE 228th Place - 3/4
mile of added walkway and road improvements. 0
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All work will be done within the right of way and construction is scheduled for Q
the summer of 2024. a
MOTION: I move to accept grant funds in the amount of o
$500,000 from the Transportation Improvement Board for the
Complete Streets Award, amend the budget, authorize the o
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expenditure of funds, and authorize the Mayor to sign all N
necessary documents, subject to final terms and conditions a
acceptable to the City Attorney and Public Works Director. a
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RESULT: MOTION PASSES [UNANIMOUS] Next: 4/16/2024 7:00 PM a
MOVER: Brenda Fincher, Councilmember c
SECONDER: Toni Troutner, Councilmember
AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner
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5. ADJOURNMENT
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Council President Kaur adjourned the meeting. 2
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Meeting ended at 4:23 p.m.
City Clerk
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4.B
FINANCE DEPARTMENT
Paula Painter, CPA
220 Fourth Avenue South
\117KENT Kent, WA 98032
WASHINGTON 253-856-5264
DATE: April 16, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Payment of Bills - Approve
MOTION: I move to approve the payment of bills.
SUMMARY:
BUDGET IMPACT:
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ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
Kurt Hanson, AICP, EDFP
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5454
DATE: April 16, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: 2044 Comprehensive Plan Update
SUMMARY: At the upcoming meeting Council will receive an update on recent work
for the 2044 Comprehensive Plan Update project, including:
• The Comprehensive Plan Community Advisory Group;
• Draft Environmental Impact Statement (DEIS) coordination and early
analysis;
• A preview of upcoming Round 2 Community Engagement; and
• Project schedule.
Staff will ask Council to provide input and feedback on the following questions:
1. Are there community events between mid-May and mid-July you recommend
staff attend for community engagement? Of the events we discussed, which
community events are a priority for our attendance?
2. Which three elements would you like to focus on during upcoming workshop
meetings? As a reminder, the elements include land use, housing,
transportation, economic development, parks and recreation, climate
resiliency, capital facilities, and utilities.
3. As the project moves into the next phase of reviewing the results of the
DEIS/growth alternatives and selection of a preferred alternative, would
Council be interested in joining LUPB for any combined meetings/workshops?
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
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Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
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4.D
OFFICE OF THE CITY ATTORNEY
Tammy White, City Attorney
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5770
DATE: April 16, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Ordinance Amending KCC 9.36 Relating to Traffic Camera
Violation Fines — Adopt
MOTION: I move to adopt Ordinance No. 4487 amending sections 9.36.140
and 9.36.150 of the Kent City Code to incorporate state legislative changes
that take effect June 6, 2024 related to traffic safety camera violations.
SUMMARY: During the 2024 legislative session, the state adopted Engrossed
Substitute House Bill (ESHB 2384), which made a number of changes to the laws
concerning traffic safety cameras. The bill expanded the uses for which traffic
safety cameras could be used, placed limits on how revenue generated from some
traffic safety camera violations could be used, revised the fine amounts that apply
to traffic safety camera violations, and reduced fine amounts for first-time violators
who receive state public assistance.
The City of Kent currently uses traffic safety cameras to detect speed violations in
school zones and red-light traffic control violations. Because the Kent City Council
previously took action to limit how revenue generated from these camera violations
could be used within the City of Kent, the state legislature exempted revenue from
those cameras from the use limitations set out in ESHB 2384. As a result, the City
of Kent may continue to dedicate revenue generated from violations of its existing
traffic safety camera program to fund personnel, programs, services, and
equipment related to the enforcement and processing of traffic and criminal laws
within the City of Kent.
RCW 46.63.170(2) currently provides that traffic safety camera violations are to be
assessed a fine that does not exceed the fine amount assessed for parking
violations within the jurisdiction. Fines assessed in Kent for parking violations range
between $30 and $450. As such, fines for traffic safety camera violations in Kent
were set within that range. The current fine amount is $136, and for traveling at a
speed of 30 mph or more in a school zone, the fine is $248. The base fine of $136
for traffic safety camera violations was last adjusted on December 11, 2018,
through Ordinance No. 4298. No adjustments have been made to those fine
amounts to account for inflation.
Through ESHB 2384, the state legislature repealed RCW 43.63.170 and enacted a
new statute that uncouples fines for traffic safety camera violations from parking
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4.D
violations, and simply provides fines may not exceed $145, as that amount may be
adjusted for inflation by the state Office of Financial Management every five years,
beginning January 1, 2029, based upon changes in the consumer price index during
that time period. The legislature further provided authorization for the fine amount
to double for speed violations within school zones, which is consistent with fines
assessed for school zone violations that are on-viewed by police officers. The bill
also provides that registered owners of vehicles who receive state public assistance
or benefits through the Washington Women, Infants, and Children (WIC) program,
shall be granted upon request a reduction in the fine assessed for traffic safety
camera violations to an amount that is 50% of the original fine amount. However,
this fine reduction applies only to such registered owner's first traffic safety camera
violation, and subsequent traffic safety camera violations that occur within 21 days
of issuance of the first violation notice.
The ordinance presented to Council for consideration increases the base fine for
traffic safety camera violations from $136 to $145. Further, instead of doubling the
fine for all school zone speed violations captured by traffic safety cameras as
authorized by ESHB 2384, violations would only be subject to that increased fine
amount if the vehicle was traveling at a speed of 30 mph or more, i.e. 10 mph over
the posted 20 mph zone. These fine amounts would thereafter increase consistent
with any adjustments provided for by the state Office of Financial Management as
provided for by ESHB 2384.
BUDGET IMPACT: The budget impact is not yet known. While there will be an
unknown decrease in revenue for those violators who are on public assistance and
receive discounted fine amounts for first offenses, that decrease should be offset by
the slight increase in fine amounts.
SUPPORTS STRATEGIC PLAN GOAL:
Thrivinci City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Draft Ordinance Amending KCC 9.36 (PDF)
2. Engrossed Substitute House Bill 2384 (PDF)
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ORDINANCE NO. 4487 U
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AN ORDINANCE of the City Council of the
City of Kent, Washington, amending sections
9.36.140 and 9.36.150 of the Kent City Code to
incorporate state legislative changes adopted
through ESHB 2384 that take effect June 6, 2024.
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RECITALS U
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A. During the 2024 legislative session, the state adopted S
Engrossed Substitute House Bill (ESHB 2384), which made a number of
changes to the laws concerning traffic safety cameras. The bill expanded the
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uses for which traffic safety cameras could be used, placed limits on how
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revenue generated from some traffic safety camera violations could be used,
revised the fine amounts that apply to traffic safety camera violations, and O
reduced fine amounts for first-time violators who receive state public
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assistance. t°
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B. The City of Kent currently uses traffic safety cameras to detect M
speed violations in school zones and red-light traffic control violations. °'
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Because the Kent City Council previously took action to limit how revenue U
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generated from these camera violations could be used within the City of
Kent, the state legislature exempted revenue from those cameras from the
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use limitations set out in ESHB 2384. As a result, the City of Kent may E
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Amend KCC 9.36 —Re: Traffic Safety 5
Camera Violations,Incorporate ESHB 2384
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continue to dedicate revenue generated from violations of its existing traffic 0
safety camera program to fund personnel, programs, services, and ca
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equipment related to the enforcement and processing of traffic and criminal
laws within the City of Kent. `m
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C. RCW 46.63.170(2) currently provides that traffic safety camera U
violations are to be assessed a fine that does not exceed the fine amount
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assessed for parking violations within the jurisdiction. Fines assessed in Kent
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for parking violations range between $30 and $450. As such, fines for traffic
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safety camera violations in Kent were set within that range. The current fine
amount is $136, and for traveling at a speed of 30 mph or more in a school
zone, the fine is $248. The base fine of $136 for traffic safety camera to
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violations was last adjusted on December 11, 2018, through Ordinance No. °'
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4298. No adjustments have been made to those fine amounts to account for U
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inflation.
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D. Through ESHB 2384, the state legislature repealed RCW 0
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43.63.170 and enacted a new statute that uncouples fines for traffic safety Q
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camera violations from parking violations, and simply provides fines may
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not exceed $145, as that amount may be adjusted for inflation by the state
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Office of Financial Management every five years, beginning January 1, 2029, OL
based upon changes in the consumer price index during that time period. Ln
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The legislature further provided authorization for the fine amount to double M
for speed violations within school zones, which is consistent with fines to
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assessed for school zone violations that are on-viewed by police officers. ai
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E. For those registered owners of vehicles who receive state public Y
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assistance or benefits through the Washington Women, Infants, and 9
Children (WIC) program, ESHB 2384 requires they be granted, upon CD
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request, a reduction in the fine assessed for traffic safety camera violations Q
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Amend KCC 9.36 —Re: Traffic Safety 5
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to an amount that is 50% of the original fine amount. However, this fine o
reduction applies only to such registered owner's first traffic safety camera ca
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violation, and subsequent traffic safety camera violations that occur within
21 days of issuance of the first violation notice.
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F. This ordinance increases the base fine for traffic safety camera U
violations from $136 to $145. Further, instead of doubling the fine for all
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school zone speed violations captured by traffic safety cameras as F-
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authorized by ESHB 2384, violations would only be subject to an increased
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fine amount if the vehicle was traveling at a speed of 30 mph or more, i.e.
10 mph over the posted 20 mph zone. These fine amounts would thereafter
increase consistent with any adjustments provided for by the state Office of to
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Financial Management as provided for by ESHB 2384. °'
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
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WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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ORDINANCE E
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SECTION 1. - Amendment KCC 9.36.140. Section 9.36.140 of the
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Kent City Code, entitled "School speed zone traffic safety cameras", is
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hereby amended as follows: O`
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Sec. 9.36.140. School speed zone traffic safety cameras. rn
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A. Authorized use of automated traffic safety cameras. Pursuant to the to
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Commented[TWi]:This statute was repealed and new sections authority provided for by Ch. 46.63 RCW ef*G W-- .o-,.n-�,, the city Is 0)
adopted.However the code reviser has not yet completed U
codification to assign new statutory numbers to these new sections. authorized to use automated traffic safety cameras and related automated U
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systems in order to detect, record, and enforce and prosecute school speed
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zone violations.
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B. Limitation on photos - Use of photos. Q
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Amend KCC 9.36 -Re: Traffic Safety 5
Camera Violations,Incorporate ESHB 2384
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1. Limitation on photos. Automated traffic safety cameras may o
only take pictures of the vehicle and vehicle license plate and only while an 2
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infraction is occurring. The picture must not reveal the face of the driver or >
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of passengers in the vehicle.
2. Use of photos. Notwithstanding any other provision of law, all M
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photographs, microphotographs, or electronic images prepared under this
section are for the exclusive use of law enforcement in the discharge of a
duties under this section and are not open to the public and may not be used c
in a court in a pending action or proceeding unless the action or proceeding c
relates to a violation under this section. No photograph, microphotograph, c
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or electronic image may be used for any purpose other than enforcement of W
violations under this section nor retained longer than necessary to enforce r?
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this section. U
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C. Infraction processing - Responsibilities - Presumption. 0
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1. In general. Infractions detected through the use of automated
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traffic safety cameras are not part of the registered owner's driving record ;=
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under RCW 46.52.101 and 46.52.120. Additionally, infractions generated by 0
the use of automated traffic safety cameras shall be processed in the same
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manner as parking infractions, including for the purposes of RCW 3.50.100,
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Commented[TW2]:This re-numbering occurred through a bill 35.20.220,46.16A.120, and 146.20.270(23),I O
adopted September 2013,in a special legislative session,after the
City had adopted its original ordinance in May2013. LO
2. Notice of infraction. A notice of Infraction must be mailed to the to
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registered owner of the vehicle within 14 days of the violation, or to the
renter of a vehicle within 14 days of establishing the renter's name and to
address under subsection (C)(4) of this section. The law enforcement officer °'
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issuing the notice of infraction shall include with it a certificate or facsimile U
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thereof, based upon inspection of photographs, microphotographs, or
electronic images produced by an automated traffic safety camera, stating
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the facts supporting the notice of infraction. This certificate or facsimile is Q
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Amend KCC 9.36 -Re: Traffic Safety 5
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prima facie evidence of the facts contained in it and is admissible in a 0
proceeding charging a violation under this section. Any citation or notice of ca
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infraction issued pursuant to this section may be initiated by electronic
signature of the issuing police officer. The photographs, microphotographs, `m
or electronic images evidencing the violation must be available for inspection M
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and admission into evidence in a proceeding to adjudicate the liability for
the infraction. A person receiving a notice of infraction based on evidence a
detected by an automated traffic safety camera may respond to the notice c
by mail. c
3. Registered owner responsible - Rental car business. The c
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registered owner of a vehicle is responsible for an infraction issued pursuant W
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to this section unless the registered owner overcomes the presumption in Ci
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subsection (C)(5) of this section, or, in the case of a rental car business, U
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satisfies the conditions under subsection (C)(4) of this section. If appropriate Y
under the circumstances, a renter identified under subsection (C)(4) of this
section is responsible for an infraction.
4. Rental cars. If the registered owner of the vehicle is a rental
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car business, the law enforcement agency shall, before a notice of infraction
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is issued under this section, provide a written notice to the rental car
business that a notice of infraction may be issued to the rental car business O
if the rental car business does not, within 18 days of receiving the written
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notice, provide to the issuing agency by return mail: M
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a. A statement under oath stating the name and known a
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mailing address of the individual driving or renting the vehicle when the Ci
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infraction occurred; or U
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b. A statement under oath that the business is unable to Y
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determine who was driving or renting the vehicle at the time the infraction
occurred because the vehicle was stolen at the time of the infraction. A
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Amend KCC 9.36 -Re: Traffic Safety 5
Camera Violations,Incorporate ESHB 2384
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statement provided under this subsection must be accompanied by a copy 0
of a filed police report regarding the vehicle theft; or
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C. In lieu of identifying the vehicle operator, the rental car
business may pay the applicable penalty.
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Timely mailing of the statements described in subsections (C)(4)(a) and (b) 2
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of this section to the issuing law enforcement agency relieves a rental car
business of any liability under this section for the notice of infraction. c
5. Presumption. Pursuant to RCW 46.63.075, in a traffic infraction
case involving an infraction detected through the use of an automated traffic c
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safety camera under this section, proof that the particular vehicle described W
in the notice of traffic infraction was in violation of a law enforced through �?
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the use of the automated traffic safety camera, together with proof that the U
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person named in the notice of traffic infraction was at the time of the Y
violation the registered owner of the vehicle, constitutes in evidence a prima
facie presumption that the registered owner of the vehicle was the person
in control of the vehicle at the point where, and for the time during which, E
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the violation occurred. This presumption may be overcome only if the
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registered owner states, under oath, in a written statement to the court or
in testimony before the court that the vehicle involved was, at the time, O
stolen or in the care, custody, or control of some person other than the
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registered owner. M
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D. Infraction - Penalty. It shall be an infraction to exceed the posted M
speed limit in a school speed zone enforced through the use of an automated °'
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traffic safety camera. The penalty for an infraction committed in a school U
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speed zone which is detected through the use of an automated traffic safety
camera shall be 145"; provided, the penalty shall be 290$248 for a c
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violation in which the vehicle was operated at a speed of 30 miles per hour E
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or more. In addition to the fines provided herein, a violator may be assessed o
any costs and assessments as required or permitted by state law or court ca
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rule. The penalty assessed under this section shall adjust consistent with
those inflation adjustments made by the state Office of Financial
Management every five years, beginning January 1, 2029, based upon M
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changes in the consumer price index during that time period, as provided 2
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for by Laws of 2024, Ch. 207 5 16.
Registered owners of vehicles who receive notices of infraction for 0
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automated traffic safety camera-enforced infractions and are recipients of
public assistance under Title 74 RCW or participants in the Washington c
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Women, Infants, and Children (WIC) program, and who request reduced W
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penalties for infractions detected through the use of automated traffic safety Ci
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camera violations, must be granted reduced penalty amounts of 50% of V
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what would otherwise be assessed for a first automated traffic safety camera Y
violation and for subsequent automated traffic safety camera violations
issued within 21 days of issuance of the first automated traffic safety camera
violation. Eligibility for medicaid under RCW 74.09.510 is not a qualifying
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criterion under this subsection.
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E. Signs - Payment to vendor-Alternative enforcement.
1. School zones must be signed. All locations where an automated O
traffic safety camera is used must be clearly marked at least 30 days prior to
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to activation of the camera by placing signs in locations that clearly indicate
to a driver that he or she is entering a zone where traffic laws are enforced M
by an automated traffic safety camera. °'
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2. Payment made to vendor. The compensation paid by the city U
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to the manufacturer or vendor of the automated traffic safety camera
equipment must be based only upon the value of the equipment and services
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provided or rendered in support of the system, and may not be based upon Q
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a portion of the fine or civil penalty imposed or the revenue generated by 0
the equipment.
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3. Alternative enforcement. Nothing in this section prohibits a law
enforcement officer from issuing a notice of traffic infraction to a person in `m
control of a vehicle at the time a violation occurs pursuant to RCW M
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46.63.030(1)(a), (b), or (c).
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F. Use of funds. Funds derived from the use of automated traffic safety
0
cameras shall be used to pay the costs of administering the automated traffic
safety camera program, including but not limited to personnel costs, vendor
costs, and equipment costs. Funds in excess of these costs may be used to m
fund personnel, programs, services, and equipment related to the to
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enforcement and processing of traffic and criminal laws within the city. M
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G. Definition. For the purposes of this section_,"automated traffic safety �
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camera" means a device that uses a vehicle sensor installed to work in
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conjunction with an intersection traffic control system, a railroad grade 0
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crossing control system, or a speed measuring device, and a camera Q
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synchronized to automatically record one or more sequenced photographs,
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microphotographs, or electronic images of the front or rear of a motor
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vehicle at the time the vehicle fails to stop when facing a steady red traffic 0
control signal or an activated railroad grade crossing control signal, or Ln
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exceeds a speed limit in a school speed zone as detected by a speed M
measuring device; and "school speed zone" shall have the same meaning as to
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described in RCW 46.61.440 (1) and (2).. ai
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SECTION 2. - Amendment KCC 9.36.150. Section 9.36.150 of the M
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Kent City Code, entitled "Stoplight traffic safety cameras", is hereby
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amended as follows: m
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Sec. 9.36.150. Stoplight traffic safety cameras. o
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A. Authorized use of automated traffic safety cameras. Pursuant to the 0
authority of Ch. 46.63 RCW ^6�9, the city is authorized to use
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automated traffic safety cameras and related automated systems in order
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to detect, record, and enforce and prosecute stoplight violations. U
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B. Limitation on photos - Use of photos. a
1. Limitation on photos. Automated traffic safety cameras may c
only take pictures of the vehicle and vehicle license plate and only while an CO
infraction is occurring. The picture must not reveal the face of the driver or c
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of passengers in the vehicle. W
2. Use of photos. Notwithstanding any other provision of law, all �?
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photographs, microphotographs, or electronic images prepared under this U
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section are for the exclusive use of law enforcement in the discharge of Y
duties under this section and are not open to the public and may not be used
in a court in a pending action or proceeding unless the action or proceeding
relates to a violation under this section. No photograph, microphotograph, Q
or electronic image may be used for any purpose other than enforcement of
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violations under this section nor retained longer than necessary to enforce
this section. -a
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C. Infraction processing - Responsibilities - Presumption. to
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1. In general. Infractions detected through the use of automated
traffic safety cameras are not part of the registered owner's driving record M
under RCW 46.52.101 and 46.52.120. Additionally, infractions generated by °'
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the use of automated traffic safety cameras shall be processed in the same U
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manner as parking infractions, including for the purposes of RCW 3.50.100,
35.20.220, 46.16A.120, and 46.20.270(3).
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2. Notice of infraction. A notice of infraction must be mailed to the 0
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registered owner of the vehicle within 14 days of the violation, or to the ca
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renter of a vehicle within 14 days of establishing the renter's name and
address under subsection (C)(4) of this section. The law enforcement officer `0
issuing the notice of infraction shall include with it a certificate or facsimile M
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thereof, based upon inspection of photographs, microphotographs, or 0
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electronic images produced by an automated traffic safety camera, stating a
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the facts supporting the notice of infraction. This certificate or facsimile is 0
prima facie evidence of the facts contained in it and is admissible in a
proceeding charging a violation under this section. Any citation or notice of c
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infraction issued pursuant to this section may be initiated by electronic W
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signature of the issuing police officer. The photographs, microphotographs, Ci
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or electronic images evidencing the violation must be available for inspection U
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and admission into evidence in a proceeding to adjudicate the liability for Y
the infraction. A person receiving a notice of infraction based on evidence
detected by an automated traffic safety camera may respond to the notice
by mail.
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3. Registered owner responsible - Rental car business. The
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registered owner of a vehicle is responsible for an infraction issued pursuant
to this section unless the registered owner overcomes the presumption in O
subsection (C)(5) of this section, or, in the case of a rental car business,
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satisfies the conditions under subsection (C)(4) of this section. If appropriate M
under the circumstances, a renter identified under subsection (C)(4) of this C
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section is responsible for an infraction. M
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4. Rental cars. If the registered owner of the vehicle is a rental U
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car business, the law enforcement agency shall, before a notice of infraction Y
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is issued under this section, provide a written notice to the rental car
business that a notice of infraction may be issued to the rental car businessCD
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if the rental car business does not, within 18 days of receiving the written o
notice, provide to the issuing agency by return mail:
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a. A statement under oath stating the name and known
mailing address of the individual driving or renting the vehicle when the `m
infraction occurred; or M
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b. A statement under oath that the business is unable to
determine who was driving or renting the vehicle at the time the infraction a
occurred because the vehicle was stolen at the time of the infraction. A 0
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statement provided under this subsection must be accompanied by a copy
of a filed police report regarding the vehicle theft; or c
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C. In lieu of identifying the vehicle operator, the rental car W
business may pay the applicable penalty. �?
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Timely mailing of the statements described in subsections (C)(4)(a) U
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and (C)(4)(b) of this section to the issuing law enforcement agency relieves Y
a rental car business of any liability under this section for the notice of
infraction.
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5. Presumption. Pursuant to RCW 46.63.075, in a traffic infraction Q
case involving an infraction detected through the use of an automated traffic
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safety camera under this section, proof that the particular vehicle described
in the notice of traffic infraction was in violation of a law enforced through O
the use of the automated traffic safety camera, together with proof that the
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person named in the notice of traffic infraction was at the time of the M
violation the registered owner of the vehicle, constitutes in evidence a prima C
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facie presumption that the registered owner of the vehicle was the person Ci
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in control of the vehicle at the point where, and for the time during which, U
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the violation occurred. This presumption may be overcome only if the Y
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registered owner states, under oath, in a written statement to the court or
in testimony before the court that the vehicle involved was, at the time, CD
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stolen or in the care, custody, or control of some person other than the 0
registered owner. ca
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D. Infraction - Penalty. A driver facing a steady red traffic control signal
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shall stop and shall remain stopped until an indication to proceed is shown. E
It shall be an infraction to proceed through a stoplight at the intersections U
of two arterials enforced through the use of an automated traffic safety
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camera. The penalty for a stoplight infraction detected through the use of
0
an automated traffic safety camera shall be 145+146. In addition to the
fine provided herein, a violator may be assessed any costs and assessments
as required or permitted by state law or court rule. The penalty assessed
under this section shall adjust consistent with those inflation adjustments to
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made by the state Office of Financial Management every five years, °'
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beginning January 1, 2029, based upon changes in the consumer price index U
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during that time period, as provided for by Laws of 2024, Ch. 207 � 16.
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Registered owners of vehicles who receive notices of infraction for
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automated traffic safety camera-enforced infractions and are recipients of
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public assistance under Title 74 RCW or participants in the Washington 0
Women, Infants, and Children (WIC) program, and who request reduced
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penalties for infractions detected through the use of automated traffic safety
camera violations, must be granted reduced penalty amounts of 50% of O
what would otherwise be assessed for a first automated traffic safety camera to
M
violation and for subsequent automated traffic safety camera violations
issued within 21 days of issuance of the first automated traffic safety camera M
violation. Eligibility for medicaid under RCW 74.09.510 is not a qualifying °'
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criterion under this subsection. U
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E. Signs - Payment to vendor-Alternative enforcement.
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1. Stoplight locations must be signed. All locations where an m
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automated traffic safety camera is used must be clearly marked at least 30 Q
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days prior to activation of the camera by placing signs in locations that 0
clearly indicate to a driver that he or she is entering a zone where traffic ca
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laws are enforced by an automated traffic safety camera.
2. Payment made to vendor. The compensation paid by the city
to the manufacturer or vendor of the automated traffic safety camera M
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equipment must be based only upon the value of the equipment and services
provided or rendered in support of the system, and may not be based upon a
a portion of the fine or civil penalty imposed or the revenue generated by c
the equipment.
3. Alternative enforcement. Nothing in this section prohibits a law c
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enforcement officer from issuing a notice of traffic infraction to a person in W
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control of a vehicle at the time a violation occurs pursuant to RCW �?
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46.63.030(1)(a), (b), or (c). U
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F. Use of funds. Funds derived from the use of automated traffic safety
cameras shall be used to pay the costs of administering the automated traffic
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safety camera program, including, but not limited to personnel costs, vendor
a
costs, and equipment costs. Funds in excess of these costs may be used to 0
fund personnel, programs, services and equipment related to the
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enforcement and processing of traffic and criminal laws within the city.
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G. Definition. For the purposes of this section- ,—"automated traffic safety Ln
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camera" means a device that uses a vehicle sensor installed to work in M
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conjunction with an intersection traffic control system, a railroad grade to
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crossing control system, or a speed measuring device, and a camera of
synchronized to automatically record one or more sequenced photographs, U
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microphotographs, or electronic images of the rear of a motor vehicle at the
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time the vehicle fails to stop when facing a steady red traffic control signal '0
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or an activated railroad grade crossing control signal, or exceeds a speed m
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limit in a school speed zone as detected by a speed measuring deviceLmand a
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"school speed zone" shall have the same meaning as described in RCW 0
46.61.440 (1) and (2). ca
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SECTION 3. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such M
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decision shall not affect the validity of the remaining portion of this ordinance
and the same shall remain in full force and effect. a
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SECTION 4. - Corrections by City Clerk or Code Reviser. Upon a�
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
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references to other local, state, or federal laws, codes, rules, or regulations. °'
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SECTION 5. - Effective Date. This ordinance shall take effect and be
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in force thirty days from the time of final passage as provided for by law.
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May 7, 2024 Q
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DANA RALPH, MAYOR Date Approved
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ATTEST: OL
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May 7, 2024 o
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
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May 10, 2024 C
Date Published U
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APPROVED AS TO FORM:
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TAMMY WHITE, CITY ATTORNEY E
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CERTIFICATION OF ENROLLMENT o
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ENGROSSED SUBSTITUTE HOUSE BILL 2384 i
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Chapter 307, Laws of 2024 0
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68th Legislature '>
2024 Regular Session
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AUTOMATED TRAFFIC SAFETY CAMERAS
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EFFECTIVE DATE : June 6, 2024
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Passed by the House March 5, 2024 CERTIFICATE
Yeas 55 Nays 38
I, Bernard Dean, Chief Clerk of the m
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House of Representatives of the Q
LAURIE JINKINS State of Washington, do hereby v
Speaker of the House of certify that the attached is
Representatives ENGROSSED SUBSTITUTE HOUSE BILL
2384 as passed by the House of p
Representatives and the Senate on
the dates hereon set forth.
Passed by the Senate February 29, �y
2024 ..
Yeas 26 Nays 23 BERNARD DEAN 00
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Chief Clerk N
DENNY HECK m
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President of the Senate N
Approved March 26, 2024 2 :08 PM FILED =
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March 27, 2024
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Secretary of State
JAY INSLEE State of Washington W
Governor of the State of Washington a
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ENGROSSED SUBSTITUTE HOUSE BILL 2384
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AS AMENDED BY THE SENATE Q
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Passed Legislature - 2024 Regular Session
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State of Washington 68th Legislature 2024 Regular Session o
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By House Transportation (originally sponsored by Representatives o
Donaghy, Fitzgibbon, Walen, and Pollet) >
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READ FIRST TIME 02/05/24 . E
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1 AN ACT Relating to automated traffic safety cameras; amending RCW Y
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2 46 . 16A. 120, 46 . 63 . 030, 46 . 63 . 180, 46 . 63 . 075, and 46 . 68 . 480; adding 5
3 new sections to chapter 46 . 63 RCW; and repealing RCW 46 . 63 . 170 . m
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4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: c
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5 NEW SECTION. Sec. 1 . A new section is added to chapter 46 . 63 O
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6 RCW to read as follows :
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7 The definitions in this section apply throughout this section and
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8 sections 2 through 6 of this act unless the context clearly requires co
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9 otherwise . _
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10 (1) "Automated traffic safety camera" means a device that uses a N
11 vehicle sensor installed to work in conjunction with an intersection 0
12 traffic control system, a railroad grade crossing control system, or
13 a speed measuring device, and a camera synchronized to automatically w
14 record one or more sequenced photographs, microphotographs, or in
15 electronic images of the front or rear of a motor vehicle at the time w
16 the vehicle fails to stop when facing a steady red traffic control o
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17 signal or an activated railroad grade crossing control signal, or w
18 exceeds a speed limit as detected by a speed measuring device . c
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19 "Automated traffic safety camera" also includes a device used to E
20 detect stopping at intersection or crosswalk violations; stopping r
21 when traffic obstructed violations; public transportation only lane Q
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1 violations; stopping or traveling in restricted lane violations; and
2 public transportation bus stop zone violations detected by a public
3 transportation vehicle-mounted system. o
4 (2) "Hospital speed zone" means the marked area within hospital a
5 property and extending 300 feet from the border of the hospital
6 property (a) consistent with hospital use; and (b) where signs are 'L
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7 posted to indicate the location is within a hospital speed zone,
8 where "hospital" has the same meaning as in RCW 70 . 41 . 020 .
9 (3) "Public park speed zone" means the marked area within public
10 park property and extending 300 feet from the border of the public E
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11 park property (a) consistent with active park use; and (b) where U
12 signs are posted to indicate the location is within a public park
13 speed zone . o
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14 (4) "Public transportation vehicle" means any motor vehicle, S
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15 streetcar, train, trolley vehicle, ferry boat, or any other device,
16 vessel, or vehicle that is owned or operated by a transit authority M
17 or an entityproviding service on behalf of a transit authority that U
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18 is used for the purpose of carrying passengers and that operates on Y
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19 established routes . "Transit authority" has the same meaning as c
20 provided in RCW 9 . 91 . 025 .
21 (5) "Roadway work zone" means an area of any city roadway, a
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22 including state highways that are also classified as city streets C
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23 under chapter 47 . 24 RCW, or county road as defined in RCW 46 . 04 . 150,
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24 with construction, maintenance, or utility work with a duration of 30
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25 calendar days or more . A roadway work zone is identified by the
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26 placement of temporary traffic control devices that may include
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27 signs, channelizing devices, barriers, pavement markings, and/or work CO
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28 vehicles with warning lights . A roadway work zone extends from the =
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29 first warning sign or high intensity rotating, flashing, oscillating, N
30 or strobe lights on a vehicle to the end road work sign or the last =
31 temporary traffic control device or vehicle .
32 (6) "School speed zone" has the same meaning as described in RCW w
33 46 . 61 . 440 (1) and (2) . in
34 (7) "School walk zone" means a roadway identified under RCW w
35 28A. 160 . 160 or roadways within a one-mile radius of a school that
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36 students use to travel to school by foot, bicycle, or other means of w
37 active transportation.
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38 NEW SECTION. Sec. 2 . A new section is added to chapter 46 . 63 r
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39 RCW to read as follows :
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1 (1) Nothing in this section prohibits a law enforcement officer
2 from issuing a notice of traffic infraction to a person in control of
3 a vehicle at the time a violation occurs under RCW 46 . 63 . 030 (1) (a) , -°a
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4 (b) , or (c) . i
5 (2) Any city or county may authorize the use of automated traffic c
6 safety cameras and must adopt an ordinance authorizing such use 'L
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7 through its local legislative authority. °
8 (3) The local legislative authority must prepare an analysis of °
9 the locations within the jurisdiction where automated traffic safety m
10 cameras are proposed to be located before adding traffic safety E
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11 cameras to a new location or relocating any existing camera to a new U
12 location within the jurisdiction. The analysis must include equity
13 considerations including the impact of the camera placement on o
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14 livability, accessibility, economics, education, and environmental S
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15 health when identifying where to locate an automated traffic safety
16 camera. The analysis must also show a demonstrated need for traffic M
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17 cameras based on one or more of the following in the vicinity of the U
18 proposed camera location: Travel by vulnerable road users, evidence Y
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19 of vehicles speeding, rates of collision, reports showing near 5
20 collisions, and anticipated or actual ineffectiveness or E
21 infeasibility of other mitigation measures . a
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22 (4) Automated traffic safety cameras may not be used on an on-
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23 ramp to a limited access facility as defined in RCW 47 . 52 . 010 .
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24 (5) A city may use automated traffic safety cameras to enforce
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25 traffic ordinances in this section on state highways that are also
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26 classified as city streets under chapter 47 . 24 RCW. A city government
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27 must notify the department of transportation when it installs an CO
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28 automated traffic safety camera to enforce traffic ordinances as =
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29 authorized in this subsection.
30 (6) (a) At a minimum, a local ordinance adopted pursuant to this
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31 section must contain the restrictions described in this section and °�'
32 provisions for public notice and signage . Cities and counties must w
33 also post such restrictions and other automated traffic safety camera in
34 policies on the city' s or county' s website . Cities and counties using w
35 automated traffic safety cameras before July 24, 2005, are subject to 0
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36 the restrictions described in this section, but are not required to w
37 adopt an authorizing ordinance .
38 (b) (i) Cities and counties using automated traffic safety cameras t
39 must post an annual report on the city' s or county' s website of the r
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40 number of traffic crashes that occurred at each location where an
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1 automated traffic safety camera is located, as well as the number of
2 notices of infraction issued for each camera. Beginning January 1,
3 2026, the annual report must include the percentage of revenues o
4 received from fines issued from automated traffic safety camera a
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5 infractions that were used to pay for the costs of the automated c
6 traffic safety camera program and must describe the uses of revenues 'L
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7 that exceeded the costs of operation and administration of the 2
8 automated traffic safety camera program by the city or county. °
9 (ii) The Washington traffic safety commission must provide an m
10 annual report to the transportation committees of the legislature, E
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11 and post the report to its website for public access, beginning July 2
12 1, 2026, that includes aggregated information on the use of automated
13 traffic safety cameras in the state that includes an assessment of o
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14 the impact of their use, information required in city and county S
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15 annual reports under (b) (i) of this subsection, and information on
16 the number of automated traffic safety cameras in use by type and M
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17 location, with an analysis of camera placement in the context of area U
18 demographics and household incomes . To the extent practicable, the Y
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19 commission must also provide in its annual report the number of 5
20 traffic accidents, speeding violations, single vehicle accidents, E
21 pedestrian accidents, and driving under the influence violations that a
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22 occurred at each location where an automated traffic safety camera is
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23 located in the five years before each camera ' s authorization and
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24 after each camera ' s authorization. Cities and counties using
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25 automated traffic safety cameras must provide the commission with the
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26 data it requests for the report required under this subsection in a
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27 form and manner specified by the commission. CO
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28 (7) All locations where an automated traffic safety camera is =
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29 used on roadways or intersections must be clearly marked by placing N
30 signs at least 30 days prior to activation of the camera in locations =
31 that clearly indicate to a driver either that : (a) The driver is
32 within an area where automated traffic safety cameras are authorized; w
33 or (b) the driver is entering an area where violations are enforced in
34 by an automated traffic safety camera. The signs must be readily w
35 visible to a driver approaching an automated traffic safety camera. o
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36 Signs placed in automated traffic safety camera locations after June w
37 7, 2012, must follow the specifications and guidelines under the a
38 manual of uniform traffic control devices for streets and highways as t
39 adopted by the department of transportation under chapter 47 . 36 RCW. r
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40 All public transportation vehicles utilizing a vehicle-mounted system
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1 must post a sign on the rear of the vehicle indicating to drivers
2 that the vehicle is equipped with an automated traffic safety camera
3 to enforce bus stop zone violations . o
4 (8) Automated traffic safety cameras may only record images of a
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5 the vehicle and vehicle license plate and only while an infraction is c
6 occurring. The image must not reveal the face of the driver or of LL
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7 passengers in the vehicle . The primary purpose of camera placement is 2
8 to record images of the vehicle and vehicle license plate when an °
9 infraction is occurring. Cities and counties must consider installing
10 automated traffic safety cameras in a manner that minimizes the E
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11 impact of camera flash on drivers .
12 (9) A notice of infraction must be mailed to the registered owner
13 of the vehicle within 14 days of the violation, or to the renter of a o
a�
14 vehicle within 14 days of establishing the renter ' s name and address S
ca
15 under subsection (17) of this section. The notice of infraction must
16 include with it a certificate or facsimile thereof, based upon M
CD
17 inspection of photographs, microphotographs, or electronic images U
18 produced by an automated traffic safety camera, stating the facts Y
a�
19 supporting the notice of infraction. This certificate or facsimile is c
20 prima facie evidence of the facts contained in it and is admissible E
21 in a proceeding charging a violation under this chapter. The a
a�
22 photographs, microphotographs, or electronic images evidencing the
c
23 violation must be available for inspection and admission into
L
24 evidence in a proceeding to adjudicate the liability for the
LO
25 infraction. A person receiving a notice of infraction based on
M
26 evidence detected by an automated traffic safety camera may respond
v
27 to the notice by mail .
N
28 (10) The registered owner of a vehicle is responsible for an =
m
29 infraction under RCW 46 . 63 . 030 (1) (d) unless the registered owner N
30 overcomes the presumption in RCW 46 . 63 . 075, or, in the case of a =
31 rental car business, satisfies the conditions under subsection (17)
32 of this section. If appropriate under the circumstances, a renter w
33 identified under subsection (17) (a) of this section is responsible in
34 for an infraction. w
35 (11) Notwithstanding any other provision of law, all photographs, o
a�
36 microphotographs, or electronic images, or any other personally w
37 identifying data prepared under this section are for the exclusive a
38 use of authorized city or county employees, as specified in RCW t
39 46 . 63 . 030 (1) (d) , in the discharge of duties under this section and r
a
40 are not open to the public and may not be used in a court in a
p. 5 E S H packet Pg. 31
4.D.b
1 pending action or proceeding unless the action or proceeding relates
2 to a violation under this section. No photograph, microphotograph, or
3 electronic image, or any other personally identifying data may be o
4 used for any purpose other than enforcement of violations under this a
i
5 section nor retained longer than necessary to enforce this section. c
6 Transit authorities must provide to the appropriate local LL
c
7 jurisdiction that has authorized traffic safety camera use under 2
8 section 6 (2) of this act any images or evidence collected
9 establishing that a violation of stopping, standing, or parking in a
10 bus stop zone has occurred for infraction processing purposes M
U
11 consistent with this section.
12 (12) If a county or city has established an automated traffic
13 safety camera program as authorized under this section, the o
a�
14 compensation paid to the manufacturer or vendor of the equipment used S
ca
15 must be based only upon the value of the equipment and services
16 provided or rendered in support of the system and may not be based M
CD
17 upon a portion of the fine or civil penalty imposed or the revenue U
p p p Y P t�
18 generated by the equipment . If the contract between the city or Y
a�
19 county and manufacturer or vendor of the equipment does not provide
20 for performance or quality control measures regarding camera images, E
21 the city or county must perform a performance audit of the a
a�
22 manufacturer or vendor of the equipment every three years to review C
c
23 and ensure that images produced from automated traffic safety cameras
L
24 are sufficient for evidentiary purposes as described in subsection
LO
25 (9) of this section.
as
M
26 (13) (a) Except as provided in (d) of this subsection, a county or
v
27 a city may only use revenue generated by an automated traffic safety CO
N
28 camera program as authorized under this section for: _
m
29 (i) Traffic safety activities related to construction and N
30 preservation projects and maintenance and operations purposes =
31 including, but not limited to, projects designed to implement the (�'
32 complete streets approach as defined in RCW 47 . 04 . 010, changes in w
33 physical infrastructure to reduce speeds through road design, and in
34 changes to improve safety for active transportation users, including w
35 improvements to access and safety for road users with mobility, o
a)
36 sight, or other disabilities; and w
37 (ii) The cost to administer, install, operate, and maintain the a
38 automated traffic safety cameras, including the cost of processing
39 infractions . r
a
40 (b) Except as provided in (d) of this subsection:
p. 6 E S H packet Pg. 32
4.D.b
1 (i) The automated traffic safety camera program revenue used by a
2 county or city with a population of 10, 000 or more for purposes
3 described in (a) (i) of this subsection must include the use of o
4 revenue in census tracts of the city or county that have household a
i
5 incomes in the lowest quartile determined by the most currently c
6 available census data and areas that experience rates of injury LL
c
7 crashes that are above average for the city or county. Funding 2
8 contributed from traffic safety program revenue must be, at a °
9 minimum, proportionate to the share of the population of the county
10 or city who are residents of these low-income communities and E
U
11 communities experiencing high injury crash rates . This share must be U
12 directed to investments that provide direct and meaningful traffic
13 safety benefits to these communities . Revenue used to administer, o
a�
14 install, operate, and maintain automated traffic safety cameras, S
ca
15 including the cost of processing infractions, are excluded from W
16 determination of the proportionate share of revenues under this M
CD
17 subsection (13) (b) ; and U
c�
18 (ii) The automated traffic safety camera program revenue used by Y
a�
19 a city or county with a population under 10, 000 for traffic safety c
20 activities under (a) (i) of this subsection must be informed by the E
21 department of health' s environmental health disparities map. a
a�
22 (c) Except as provided in (d) of this subsection, beginning four
c
23 years after an automated traffic safety camera authorized under this
L
24 section is initially placed and in use after the effective date of
LO
25 this section, 25 percent of the noninterest money received for
M
26 infractions issued by such cameras in excess of the cost to
v
27 administer, install, operate, and maintain the cameras, including the
N
28 cost of processing infractions, must be deposited into the Cooper =
m
29 Jones active transportation safety account created in RCW 46 . 68 . 480 . N
30 (d) (i) (A) Jurisdictions with an automated traffic safety camera
x
31 program in effect before January 1, 2024, may continue to allocate °�'
32 revenue generated from automated traffic safety cameras authorized w
33 under sections 3 and 5 (2) (c) of this act as determined by the in
34 jurisdiction, as well as for the purposes established in (a) through w
35 (c) of this subsection, by: G
L
36 (I) Up to a 10 percent increase in the number of traffic safety w
37 camera locations authorized to detect violations for automated c
m
38 traffic safety cameras authorized under section 3 of this act; and
r
a
p. 7 E S H packet Pg. 33
4.D.b
1 (II) Up to a 10 percent increase in the number of traffic safety
2 camera locations authorized to detect violations for automated
3 traffic safety cameras authorized under section 5 (2) (c) of this act . o
4 (B) (I) Any automated traffic safety camera program in effect a
i
5 before January 1, 2024, with fewer than 10 traffic safety camera c
6 locations for automated traffic safety cameras authorized under LL
C
7 section 3 of this act, which adds automated traffic safety cameras to 2
8 one additional location for the use of cameras authorized under
9 section 3 of this act, may continue to allocate revenue generated
10 from automated traffic safety cameras authorized under section 3 of E
U
11 this act as determined by the jurisdiction, as well as for the U
12 purposes established in (a) through (c) of this subsection.
13 (II) Any automated traffic safety camera program in effect before o
a�
14 January 1, 2024, with fewer than 10 traffic safety camera locations S
ca
15 for automated traffic safety cameras authorized under section 5 (2) (c)
16 of this act as of January 1, 2024, which adds automated traffic M
CD
17 safety cameras to one additional location for the use of cameras U
18 authorized under section 5 (2) (c) of this act, may continue to Y
a�
19 allocate revenue generated from automated traffic safety cameras
20 authorized under section 5 (2) (c) of this act as determined by the E
21 jurisdiction, as well as for the purposes established in (a) through a
a�
22 (c) of this subsection. C
23 (C) For the purposes of this subsection (13) (d) (i) , a location
L
O
24 is :
LO
25 (I) An intersection for automated traffic safety cameras
M
26 authorized under section 3 of this act where cameras authorized under
v
27 section 3 of this act are in use; and CO
N
28 (II) A school speed zone for automated traffic safety cameras =
m
29 authorized under section 5 (2) (c) of this act where cameras authorized N
30 under section 5 (2) (c) of this act are in use .
x
31 (ii) The revenue distribution requirements under (a) through
32 (d) (i) of this subsection do not apply to automated traffic safety w
33 camera programs in effect before January 1, 2024, for which an in
34 ordinance in effect as of January 1, 2024, directs the manner in w
35 which revenue generated from automated traffic safety cameras o
a)
36 authorized under section 3 or 5 (2) (c) of this act must be used. W
w
37 (14) A county or city may adopt the use of an online ability-to- a
38 pay calculator to process and grant requests for reduced fines or t
39 reduced civil penalties for automated traffic safety camera r
a
40 violations .
p. 8 E S H Packet Pg. 34
4.D.b
1 (15) Except as provided in this subsection, registered owners of
2 vehicles who receive notices of infraction for automated traffic
3 safety camera-enforced infractions and are recipients of public o
4 assistance under Title 74 RCW or participants in the Washington a
i
5 women, infants, and children program, and who request reduced c
6 penalties for infractions detected through the use of automated 'L
c
7 traffic safety camera violations, must be granted reduced penalty 2
8 amounts of 50 percent of what would otherwise be assessed for a first
9 automated traffic safety camera violation and for subsequent
10 automated traffic safety camera violations issued within 21 days of E
U
11 issuance of the first automated traffic safety camera violation. U
12 Eligibility for medicaid under RCW 74 . 09 . 510 is not a qualifying
13 criterion under this subsection. Registered owners of vehicles who 0
a�
14 receive notices of infraction must be provided with information on S
ca
15 their eligibility and the opportunity to apply for a reduction in
16 penalty amounts through the mail or internet . M
CD
17 (16) Infractions detected through the use of automated traffic U
18 safety cameras are not part of the registered owner ' s driving record Y
aM
19 under RCW 46 . 52 . 101 and 46 . 52 . 120 . Additionally, infractions c
20 generated by the use of automated traffic safety cameras under this E
21 section must be processed in the same manner as parking infractions, a
a�
22 including for the purposes of RCW 3 . 50 . 100, 35 . 20 . 220, 46 . 16A. 120, C
23 and 46 . 20 . 270 (2) . The amount of the fine issued for an infraction
L
24 generated through the use of an automated traffic safety camera may
LO
25 not exceed $145, as adjusted for inflation by the office of financial
M
26 management every five years, beginning January 1, 2029, based upon
v
27 changes in the consumer price index during that time period, but may
N
28 be doubled for a school speed zone infraction generated through the =
m
29 use of an automated traffic safety camera. N
30 (17) If the registered owner of the vehicle is a rental car 0
x
31 business, the issuing agency must, before a notice of infraction
32 being issued under this section, provide a written notice to the w
33 rental car business that a notice of infraction may be issued to the in
34 rental car business if the rental car business does not, within 18 w
35 days of receiving the written notice, provide to the issuing agency
a�
36 by return mail : w
37 (a) A statement under oath stating the name and known mailing a
38 address of the individual driving or renting the vehicle when the t
39 infraction occurred; or r
a
P. 9 E S H packet Pg. 35
4.D.b
1 (b) A statement under oath that the business is unable to
2 determine who was driving or renting the vehicle at the time the
3 infraction occurred because the vehicle was stolen at the time of the o
4 infraction. A statement provided under this subsection must be a
i
5 accompanied by a copy of a filed police report regarding the vehicle c
6 theft; or LL
c
7 (c) In lieu of identifying the vehicle operator, the rental car
8 business may pay the applicable penalty. Timely mailing of this
9 statement to the issuing agency relieves a rental car business of any m
10 liability under this chapter for the notice of infraction. M
U
v
r-
11 NEW SECTION. Sec. 3. A new section is added to chapter 46 . 63
12 RCW to read as follows : o
a�
13 (1) Automated traffic safety cameras may be used to detect S
ca
14 stoplight violations, subject to section 2 of this act .
15 (2) Automated traffic safety cameras used to detect stoplight M
16 violations are restricted to intersections of two or more arterials U
17 with traffic control signals that have yellow change interval Y
a�
18 durations in accordance with RCW 47 . 36 . 022, which interval durations
19 may not be reduced after placement of the camera.
a
a�
20 NEW SECTION. Sec. 4 . A new section is added to chapter 46 . 63 C
21 RCW to read as follows :
L
22 (1) Automated traffic safety cameras may be used to detect
LO
23 railroad grade crossing violations, subject to section 2 of this act .
M
24 (2) Automated traffic safety cameras at railroad grade crossings
v
25 may be used only to detect instances when a vehicle fails to stop CO
N
26 when facing an activated railroad grade crossing control signal . _
m
m
27 NEW SECTION. Sec. 5. A new section is added to chapter 46 . 63 0
x
28 RCW to read as follows :
29 (1) Automated traffic safety cameras may be used to detect speed w
30 violations, subject to section 2 of this act . in
31 (2) Automated traffic safety cameras may be used to detect speed w
32 violations within the following locations : o
a)
33 (a) Hospital speed zones; w
34 (b) Public park speed zones;
35 (c) School speed zones;
36 (d) School walk zones; r
a
p. 10 E S H packet Pg. 36
4.D.b
1 (e) Roadway work zones, except that a notice of infraction may
2 only be issued if an automated traffic safety camera captures a speed
3 violation when workers are present; and o
4 (f) State highways within city limits that are classified as city a
i
5 streets under chapter 47 . 24 RCW.
6 (3) In addition to the automated traffic safety cameras that may 'L
c
7 be authorized for specified zones or roads in subsection (2) of this
8 section, the local legislative authority may authorize the use of one °
9 additional automated traffic safety camera per 10, 000 population to
10 detect speed violations in locations deemed by the local legislative E
U
11 authority to experience higher crash risks due to excessive vehicle U
12 speeds . For automated traffic safety cameras authorized to detect
13 speed violations as part of a pilot program prior to the effective o
a�
14 date of this section, the location must be deemed by a local S
ca
15 legislative authority to have experienced higher crash risks due to
16 excessive vehicle speeds prior to installation of the automated M
ai
17 traffic safety camera. U
18 (4) Notices of infraction for automated traffic safety camera- Y
a�
19 detected speed violations may not be issued to the registered vehicle c
20 owner of: m
E
21 (a) A marked fire engine equipped with emergency lights and a
a�
22 siren; or C
23 (b) An ambulance licensed by the department of health and
L
24 equipped with emergency lights and siren.
LO
co
as
M
25 NEW SECTION. Sec. 6. A new section is added to chapter 46 . 63
v
26 RCW to read as follows : CO
N
27 (1) (a) Subject to section 2 of this act and as limited in this =
m
28 subsection, automated traffic safety cameras may be used in cities N
29 with populations of more than 500, 000 residents to detect one or more =
30 of the following violations :
31 (i) Stopping when traffic obstructed violations; w
32 (ii) Stopping at intersection or crosswalk violations; in
33 (iii) Public transportation only lane violations; or w
34 (iv) Stopping or traveling in restricted lane violations . o
a)
35 (b) Use of automated traffic safety cameras as authorized in this w
36 subsection (1) is restricted to the following locations only: a
37 Intersections as described in section 3 (2) of this act; railroad E
38 grade crossings; school speed zones; school walk zones; public park r
a
39 speed zones; hospital speed zones; and midblock on arterials . The use
p. 11 E S H packet Pg. 37
4.D.b
1 of such automated traffic safety cameras is further limited to the
2 following:
3 (i) The portion of state and local roadways in downtown areas of o
4 the city used for office and commercial activities, as well as retail a
i
5 shopping and support services, and that may include mixed residential c
i
6 uses; iC
7 (ii) The portion of state and local roadways in areas in the city 2
8 within one-half mile north of the boundary of the area described in °
9 (b) (i) of this subsection;
10 (iii) Portions of roadway systems in the city that travel into E
U
11 and out of (b) (ii) of this subsection that are designated by the U
12 Washington state department of transportation as noninterstate
13 freeways for up to four miles; and c
a�
14 (iv) Portions of roadway systems in the city connected to the S
ca
15 portions of the noninterstate freeways identified in (b) (iii) of this
16 subsection that are designated by the Washington state department of M
CD
17 transportation as arterial roadways for u to one mile from the U
p Y P t�
18 intersection of the arterial roadway and the noninterstate freeway. Y
a�
19 (2) Subject to section 2 of this act, automated traffic safety c
20 cameras may also be used in cities with a bus rapid transit corridor E
21 or routes to detect public transportation only lane violations . a
a�
22 (3) Subject to section 2 of this act, automated traffic safety C
c
23 cameras that are part of a public transportation vehicle-mounted
L
24 system may be used by a transit authority within a county with a
LO
25 population of more than 1, 500, 000 residents to detect stopping,
M
26 standing, or parking in bus stop zone violations if authorized by the
v
27 local legislative authority with jurisdiction over the transit CO
N
28 authority. _
m
29 (4) Subject to section 2 of this act, and in consultation with N
30 the department of transportation, automated traffic safety cameras =
31 may be used to detect ferry queue violations under RCW 46 . 61 . 735 .
32 (5) A transit authority may not take disciplinary action w
33 regarding a warning or infraction issued pursuant to subsections (1) in
34 through (3) of this section against an employee who was operating a w
35 public transportation vehicle at the time the violation that was the o
a)
36 basis of the warning or infraction was detected. w
r
c
m
37 Sec. 7 . RCW 46 . 16A. 120 and 2012 c 83 s 5 are each amended to
38 read as follows : r
a
p. 12 E S H packet Pg. 38
4.D.b
1 (1) Each court and government agency located in this state having
2 jurisdiction over standing, stopping, and parking violations, the use
3 of a photo toll system under RCW 46 . 63 . 160, the use of automated o
4 traffic safety cameras under ( (R 46 . 6Z3 . 1:�9) ) sections 2 through 6 a
i
5 of this act, and the use of automated school bus safety cameras under c
6 RCW 46 . 63 . 180 may forward to the department any outstanding: LL
c
7 (a) Standing, stopping, and parking violations;
8 (b) Civil penalties for toll nonpayment detected through the use °
9 of photo toll systems issued under RCW 46 . 63 . 160;
10 (c) Automated traffic safety camera infractions issued under RCW E
U
11 46 . 63 . 030 (1) (d) ; and
12 (d) Automated school bus safety camera infractions issued under
13 RCW 46 . 63 . 030 (1) (e) . c
a�
14 (2) Violations, civil penalties, and infractions described in S
ca
15 subsection (1) of this section must be reported to the department in
16 the manner described in RCW 46 . 20 . 270 (3) .
M
17 (3) The department shall : U
18 (a) Record the violations, civil penalties, and infractions on Y
a�
19 the matching vehicle records; and c
20 (b) Send notice approximately ( (ene lieie,T4�w�t m) ) 120 days in 0
21 advance of the current vehicle registration expiration date to the a
a�
22 registered owner listing the dates and jurisdictions in which the
c
23 violations, civil penalties, and infractions occurred, the amounts of
L
24 unpaid fines and penalties, and the surcharge to be collected. Only
LO
25 those violations, civil penalties, and infractions received by the
M
26 department ( (ene IidnE4Lae t—w -r,-;1r) ) 120 days or more before the current
v
27 vehicle registration expiration date will be included in the notice . co
N
28 Violations, civil penalties, and infractions received by the =
m
29 department later than ( (erne—Itr�r�eTt-, ent-m) ) 120 days before the N
30 current vehicle registration expiration date that are not satisfied =
31 will be delayed until the next vehicle registration expiration date .
32 (4) The department, county auditor or other agent, or subagent w
33 appointed by the director shall not renew a vehicle registration if in
34 there are any outstanding standing, stopping, and parking violations, w
35 and other civil penalties issued under RCW 46 . 63 . 160 for the vehicle
a�
36 unless :
w
37 (a) The outstanding standing, stopping, or parking violations and a
38 civil penalties were received by the department within ( (e e Iidn(4 d t
39 may) ) 120 days before the current vehicle registration expiration; r
a
40 (b) There is a change in registered ownership; or
p. 13 E S H packet Pg. 39
4.D.b
1 (c) The registered owner presents proof of payment of each
2 violation, civil penalty, and infraction provided in this section and
3 the registered owner pays the surcharge required under RCW 46 . 17 . 030 . o
4 (5) The department shall : a
i
5 (a) Forward a change in registered ownership information to the c
6 court or government agency who reported the outstanding violations, 'L
c
7 civil penalties, or infractions; and
8 (b) Remove the outstanding violations, civil penalties, and °
9 infractions from the vehicle record.
m
E
M
U
10 Sec. 8 . RCW 46 . 63 . 030 and 2023 c 17 s 1 are each amended to read U
11 as follows :
12 (1) A law enforcement officer has the authority to issue a notice o
a�
13 of traffic infraction:
ca
14 (a) When the infraction is committed in the officer ' s presence,
15 except as provided in RCW 46 . 09 . 485; M
16 (b) When the officer is acting on t�
u the request of a law U
p q
17 enforcement officer in whose presence the traffic infraction was Y
a�
18 committed;
19 (c) If an officer investigating at the scene of a motor vehicle E
20 accident has reasonable cause to believe that the driver of a motor a
a�
21 vehicle involved in the accident has committed a traffic infraction; C
22 (d) When the infraction is detected through the use of an
L
23 automated traffic safety camera under ( (RG;4 ) ) sections-2
LO
24 throuah 6 of this act . A trained and authorized civilian employee of
M
25 a General authority Washington law enforcement agency, as defined in
v
26 RCW 10 . 93 . 020, or an employee of a local public works or CO
N
27 transportation department performing under the supervision of a =
m
28 aualified traffic engineer and as designated by a city or county, has N
29 the authority to review infractions detected throuah the use of an 0
x
30 automated traffic safety camera under sections 2 throuah 6 of this
31 act and to issue notices of infraction consistent with section 2 (9) w
32 of this act . These employees must be sufficiently trained and '
33 certified in reviewing infractions and issuing notices of infraction w
34 by aualified peace officers or by traffic engineers employed in the o
CM
35 jurisdiction ' s public works or transportation dep Nothing in Nothin in w
36 this subsection impairs decision and effects collective baraainina c
d
37 rights under chapter 41 . 56 RCW; E
t
38 (e) When the infraction is detected through the use of an r
a
39 automated school bus safety camera under RCW 46 . 63 . 180 . A trained and
p. 14 E S H packet Pg. 40
4.D.b
1 authorized civilian employee of a General authority Washington law
2 enforcement agency, as defined in RCW 10 . 93 . 020, or an employee of a
3 local public works or transportation department performing under the o
4 supervision of a qualified traffic engineer and as designated by a a
i
5 city or county, has the authority to review infractions detected m
c
6 through the use of an automated school bus safety camera under RCW LL
c
7 46 . 63 . 180 and to issue notices of infraction consistent with RCW
8 46 . 63 . 180 (1) (b) . These employees must be sufficiently trained and °
9 certified in reviewing infractions and issuing notices of infraction
m
10 by q p ualified eace officers or by traffic engineers employed in the M
U
11 jurisdiction ' s public works or transportation department . Nothing in U
12 this subsection impairs decision and effects collective bargaining
13 rights under chapter 41 . 56 RCW; or o
a�
14 (f) When the infraction is detected through the use of a speed S
ca
15 safety camera system under RCW 46 . 63 . 200 .
16 (2) A court may issue a notice of traffic infraction upon receipt M
17 of a written statement of the officer that there is reasonable cause U
18 to believe that an infraction was committed. Y
a�
19 (3) If any motor vehicle without a driver is found parked, c
20 standing, or stopped in violation of this title or an equivalent E
21 administrative regulation or local law, ordinance, regulation, or a
a�
22 resolution, the officer finding the vehicle shall take its C
c
23 registration number and may take any other information displayed on
L
24 the vehicle which may identify its user, and shall conspicuously
LO
25 affix to the vehicle a notice of traffic infraction.
as
M
26 (4) In the case of failure to redeem an abandoned vehicle under
v
27 RCW 46 . 55 . 120, upon receiving a complaint by a registered tow truck CO
N
28 operator that has incurred costs in removing, storing, and disposing =
m
29 of an abandoned vehicle, an officer of the law enforcement agency N
30 responsible for directing the removal of the vehicle shall send a =
31 notice of infraction by certified mail to the last known address of
32 the person responsible under RCW 46 . 55 . 105 . The notice must be w
33 entitled "Littering—Abandoned Vehicle" and give notice of the )
34 monetary penalty. The officer shall append to the notice of y
35 infraction, on a form prescribed by the department of licensing, a °
a)
36 notice indicating the amount of costs incurred as a result of w
37 removing, storing, and disposing of the abandoned vehicle, less any
38 amount realized at auction, and a statement that monetary penalties t
39 for the infraction will not be considered as having been paid until r
a
40 the monetary penalty payable under this chapter has been paid and the
p. 15 ESH Packet Pg. 41
4.D.b
1 court is satisfied that the person has made restitution in the amount
2 of the deficiency remaining after disposal of the vehicle .
Q.
0
3 Sec. 9. RCW 46 . 63 . 180 and 2013 c 306 s 716 are each amended to a
i
4 read as follows : m
c
5 (1) School districts may install and operate automated school bus 'L
c
6 safety cameras on school buses to be used for the detection of
7 violations of RCW 46 . 61 . 370 (1) if the use of the cameras is approved
8 by a vote of the school district board of directors . School districts m
9 are not required to take school buses out of service if the buses are E
U
10 not equipped with automated school bus safety cameras or functional U
11 automated safety cameras . Further, school districts shall be held
12 harmless from and not liable for any criminal or civil liability o
a�
13 arising under the provisions of this section. S
ca
14 (a) Automated school bus safety cameras may only take pictures of 0
15 the vehicle and vehicle license plate and only while an infraction is M
CD
16 occurring. The picture must not reveal the face of the driver or of U
P t�
17 passengers in the vehicle . Y
a�
18 (b) A notice of infraction must be mailed to the registered owner 5
19 of the vehicle within ( ( ) ) 14 days of the violation, or to E
20 the renter of a vehicle within ( ( ) ) 14 days of establishing a
a�
21 the renter ' s name and address under subsection (2) (a) (i) of this C
22 section. The ( (law enrEeLaeeme„} e�E�E'___ _s��„�e
_ � ) ) notice of �
L
23 infraction ( (Eil-nall) ) must also include a certificate or facsimile of
LO
24 the notice, based upon inspection of photographs, microphotographs,
M
25 or electronic images produced by an automated school bus safety
v
26 camera, stating the facts supporting the notice of infraction. This
N
27 certificate or facsimile is prima facie evidence of the facts =
m
28 contained in it and is admissible in a proceeding charging a N
29 violation under this chapter. The photographs, microphotographs, or 0
30 electronic images evidencing the violation must be available for
31 inspection and admission into evidence in a proceeding to adjudicate w
32 the liability for the infraction. A person receiving a notice of in
33 infraction based on evidence detected by an automated school bus w
34 safety camera may respond to the notice by mail . 0
L
0)
35 (c) The registered owner of a vehicle is responsible for an w
36 infraction under RCW 46 . 63 . 030 (1) (e) unless the registered owner a
37 overcomes the presumption in RCW 46 . 63 . 075, or, in the case of a t
38 rental car business, satisfies the conditions under subsection (2) of r
a
39 this section. If appropriate under the circumstances, a renter
p. 16 ESH packet Pg. 42
4.D.b
1 identified under subsection (2) (a) (i) of this section is responsible
2 for an infraction.
3 (d) Notwithstanding any other provision of law, all photographs, o
4 microphotographs, or electronic images prepared under this section a
i
5 are for the exclusive use of ( (law en€er-eeffient) ) authorized city or c
6 county emplovees, as specified in RCW 46 . 63 . 030 (1) (e) , in the 'L
c
7 discharge of duties under this section and are not open to the public
8 and may not be used in a court in a pending action or proceeding °
9 unless the action or proceeding relates to a violation under this
10 section. No photograph, microphotograph, or electronic image may be M
U
11 used for any purpose other than enforcement of violations under this U
12 section nor retained longer than necessary to enforce this section.
13 (e) If a school district installs and operates an automated o
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14 school bus safety camera under this section, the compensation paid to S
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15 the manufacturer or vendor of the equipment used must be based only 0
16 upon the value of the equipment and services provided or rendered in M
17 support of the system, and may not be based upon a portion of the U
PP Y � Y P P U
18 fine or civil penalty imposed or the revenue generated by the Y
a�
19 equipment . Further, any repair, replacement, or administrative work 5
20 costs related to installing or repairing automated school bus safety E
21 cameras must be solely paid for by the manufacturer or vendor of the a
a�
22 cameras . Before entering into a contract with the manufacturer or C
23 vendor of the equipment used under this subsection (1) (e) , the school
L
24 district must follow the competitive bid process as outlined in RCW
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25 28A. 335 . 190 (1) .
M
26 (f) Any revenue collected from infractions detected through the
v
27 use of automated school bus safety cameras, less the administration CO
N
28 and operating costs of the cameras, must be remitted to school =
m
29 districts for school zone safety projects as determined by the school N
30 district using the automated school bus safety cameras . The =
31 administration and operating costs of the cameras includes infraction
32 enforcement and processing costs that are incurred by local law w
33 enforcement or local courts . During the 2013-2015 fiscal biennium, in
34 the infraction revenue may also be used for school bus safety w
35 projects by those school districts eligible to apply for funding from o
a)
36 the school zone safety account appropriation in section 201, chapter w
37 306, Laws of 2013 .
38 (2) (a) If the registered owner of the vehicle is a rental car t
39 business, the ( (law enlEeiaeeffient) ) issuing agency shall, before a r
a
40 notice of infraction is issued under this section, provide a written
p. 17 E S H packet Pg. 43
4.D.b
1 notice to the rental car business that a notice of infraction may be
2 issued to the rental car business if the rental car business does
3 not, within ( (ei ) ) 18 days of receiving the written notice, -°a
4 provide to the issuing agency by return mail : a
i
5 (i) A statement under oath stating the name and known mailing c
6 address of the individual driving or renting the vehicle when the 'L
c
7 infraction occurred;
8 (ii) A statement under oath that the business is unable to °
9 determine who was driving or renting the vehicle at the time the
10 infraction occurred because the vehicle was stolen at the time of the E
U
11 infraction. A statement provided under this subsection (2) (a) (ii) 2
12 must be accompanied by a copy of a filed police report regarding the
13 vehicle theft; or o
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14 (iii) In lieu of identifying the vehicle operator, the rental car S
ca
15 business may pay the applicable penalty.
16 (b) Timely mailing of a statement under this subsection to the M
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17 issuing ( (Iaw enfleiFeemen}) ) agency relieves a rental car business of U
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18 any liability under this chapter for the notice of infraction. Y
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19 (3) For purposes of this section, "automated school bus safety
20 camera" means a device that is affixed to a school bus that is m
E
21 synchronized to automatically record one or more sequenced a
a�
22 photographs, microphotographs, or electronic images of the rear of a C
c
23 vehicle at the time the vehicle is detected for an infraction
L
24 identified in RCW 46 . 61 . 370 (1) .
LO
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as
M
25 Sec. 10 . RCW 46 . 63 . 075 and 2023 c 17 s 2 are each amended to
v
26 read as follows : CO
N
27 (1) In a traffic infraction case involving an infraction detected =
m
28 through the use of an automated traffic safety camera under ( (RGWN
29 sections 2 throuah 6 of this act, detected through the =
30 use of a speed safety camera system under RCW 46 . 63 . 200, or detected
31 through the use of an automated school bus safety camera under RCW w
32 46 . 63 . 180, proof that the particular vehicle described in the notice in
33 of traffic infraction was in violation of any such provision of w
34 sections 2 throuah 6 of this act or RCW 46 . 63 . 200 ( (r) ) 0
a)
35 and 46 . 63 . 180, together with proof that the person named in the w
36 notice of traffic infraction was at the time of the violation the c
m
37 registered owner of the vehicle, constitutes in evidence a prima E
38 facie presumption that the registered owner of the vehicle was the r
a
p. 18 E S H packet Pg. 44
4.D.b
1 person in control of the vehicle at the point where, and for the time
2 during which, the violation occurred.
3 (2) This presumption may be overcome only if the registered owner o
4 states, under oath, in a written statement to the court or in a
i
5 testimony before the court that the vehicle involved was, at the c
6 time, stolen or in the care, custody, or control of some person other LL
c
7 than the registered owner.
0
8 Sec. 11 . RCW 46 . 68 . 480 and 2023 c 431 s 8 are each amended to
m
9 read as follows : M
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10 The Cooper Jones active transportation safety account is created U
11 in the state treasury. All receipts from penalties collected under
12 ( (RG;4 46 . 6� . 1�9) ) section 2 (13) (c) of this act and funds designated o
a�
13 by the legislature shall be deposited into the account . Expenditures S
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14 from the account may be used only to fund grant projects or programs
15 for bicycle, pedestrian, and nonmotorist safety improvement M
16 administered b the Washington traffic safety commission. B December U
Y g Y Y t�
17 1, 2024, and every two years thereafter, the commission shall report Y
0
18 to the transportation committees of the legislature regarding the c
19 activities funded from the account . The account is subject to E
20 allotment procedures under chapter 43 . 88 RCW. Moneys in the account a
a�
21 may be spent only after appropriation.
c
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22 NEW SECTION. Sec. 12 . RCW 46 . 63 . 170 (Automated traffic safety
LO
23 cameras—Definition) and 2022 c 182 s 424, 2022 c 182 s 423, 2020 c
M
24 224 s 1, 2015 3rd sp. s . c 44 s 406, 2015 1st sp. s . c 10 s 702, & 2013
v
25 c 306 s 711 are each repealed. M
N
Passed by the House March 5, 2024 . 00
Passed by the Senate February 29, 2024 . 3
Approved by the Governor March 26, 2024 . _
Filed in Office of Secretary of State March 27, 2024 .
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--- END --- w
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p. 19 E S H packet Pg. 45
4.E
PUBLIC WORKS DEPARTMENT
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
W A S H i N G T O N 253-856-5600
DATE: April 16, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: 2024 Traffic Signal Shop Lease - Authorize
MOTION: I move to authorize the Mayor to sign a Lease agreement with
Plemmons Industries, Inc., subject to final terms and conditions
acceptable to the Public Works Director and City Attorney.
SUMMARY: Public Works has leased approximately 5,600 square feet of warehouse
space for the traffic signal technicians since 2006. The existing lease expires at the
end of May 2024. The lease provides traffic signal technicians a space to store
equipment and parts for the traffic signal system and test and repair controllers and
other electronic devices. There is no space in existing city-owned facilities to house
these operations.
The proposed lease is $2,425.00 per month for rent plus a $800.00 common area
charge for a total of $3,225 per month. The proposed lease also requires a one-
time additional security deposit of $275.00.
The proposed new lease period is June 1, 2024 through May 31, 2027.
BUDGET IMPACT: No new budget impacts. This expense has been budgeted in the
Transportation Operating Budget
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Signal Shop Lease (PDF)
Packet Pg. 46
4.E.a
PLEMMONS INDUSTRIES, INC.
1311 CENTRAL AVE SOUTH,SUITE 201 KENT,WASHINGTON 98032
TELEPHONE(253)854-2600 FACSIMILE(253)852-7368
PLEMMONS INDUSTRIES
...................1...11.A R1,,s"r," 1 o 6 s .._.................... BILLING:P.O.BOX 1068 KENT,WA 98035
www.plemmonsindustries.com
LEASE WAREHOUSE
THIS LEASE,dated the 29th day of February,2024„by and between PLEMMONS INDUSTRIES,INC..,as "Landlord",and
CITY OF KENT as "Tenant", is upon the following terms and conditions:
1. Premises: Landlord leases to Tenant and Tenant leases from Landlord the premises situated in Kent, Washington, (the N
"Premises")legally described as follows: o
t
Unit(s) 24 & 25, Plemmons Industrial Park, 1621 Central Avenue South, Kent, Washington, being a portion of
Lot 19,Horseshoe Acre Tracts to Kent, as per plat recorded in Volume 15 of Plats on Page 10, Records of King Q
County,Except the East 10 feet thereof conveyed to King County for Road; and Except the West 15 feet thereof,
Situate in the City of Kent,County of King, State of Washington. J
2.Term of Lease: The term of this Lease shall be for 3 (Three)Years,0(Zero)Months,and 0 (Zero)Days,and shall commence o
on the 1 st day of June,2024„ (the"Commencement Date")and end on the day of 31 st of May,2027„(the"Expiration Date"). U
R
3. Minimum Rent; CAM Charges; Common Areas: a)Tenant covenants and agrees to pay to Landlord as base rental for the a�
Premises,without deduction,offset,prior notice or demand,in advance,a minimum monthly rental of$2,425.00(Two Thousand (n
Four Hundred Twenty-Five Dollars and 00/100). All rents specified herein to be paid to Landlord are payable in advance on ;2
or before the first day of each month during the term of this Lease. Rent shall be payable to the Landlord at P.O. Box 1068,
Kent, WA 98035, or to such other party or such other place as the Landlord may hereafter designate in writing. If Landlord
consents, Tenant may occupy the Premises prior to such commencement date upon payment of rent on a prorated basis and N
compliance with all terms of this Lease. Last Month Rent/CAM:Deposit increase of the lease term shall be paid upon execution N
of this lease, refer to Addendum C. Any monetary'amounts due under this lease agreement shall be considered "Rent" or
"Additional Rent." to
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b)Tenant shall pay to Landlord,as additional rents,an amount estimated by Landlord to be Tenant's share of Common N
Area Maintenance Charges("CAM Charge(s)")(as defined in this section). This amount is payable on or before the first day of
CD
each month during the term of this Lease. The monthly CAM Charge at the start of the lease term shall be $800.00 (Eight
Hundred Dollars and 00/100). The Landlord,can adjust the monthly CAM Charge at any time during the term of this Lease on o
the basis of Landlord's then reasonable anticipated costs for the current accounting period. An accounting period is one(1)full
calendar year, except that the first accounting period shall commence on the date the term commences and the last accounting
period shall end on the date the term expires or terminates. The term"Common Area Maintenance Charges"means and includes
all sums expended by Landlord for the supervision,management,operation,maintenance and repair of the common areas and an U)
allowance to Landlord for Landlord's supervision of maintenance and operation of the common areas, including without
limitation, the costs of each and all of the following items: sweeping; resurfacing and re-striping of parking lots; repainting; a)
building and improvements repair; landscaping; ice and snow removal;supplying directional signs and other markers;car stops; E
lighting;insurance premiums,water and all utilities not paid directly by Tenant;and other costs necessary in Landlord's judgment
for the supervision, management, operation, maintenance and repair of the common areas. CAM charges for the first and last Q
months of the lease term shall be paid upon execution of this lease.
c)Landlord reserves the right from time to time to alter said common areas and to exercise control and management of
the common areas and to establish,modify,change and enforce such rules and regulations as Landlord in its discretion may deem
necessary and desirable. Tenant agrees to abide by and conform to such rules and regulations and shall be responsible for
compliance by its employees,agents,customers and invitees. The failure of Landlord to enforce any of such rules and regulations
against Tenant shall not be deemed as a waiver of same. Landlord shall have the right to implement access hours to the common
areas or close all or any portion of common areas at such times and for such periods as may, in the opinion of the Landlord, be
necessary to prevent a dedication thereof, or to preserve the status thereof as private property, or to prevent the accrual of any
rights in any person;and Landlord may also close said common areas for purposed of maintenance and repairs as may be required
from time to time.
1A
1, INA I Packet Pg. 47
4.E.a
4.Security Deposit: Upon execution of this Lease,Tenant currently has on deposit$1,500.00(One Thousand Five Hundred
Dollars and 00/100), with Landlord (hereinafter referred to as "the Security Deposit"), to secure the faithful performance by
Tenant of each term, covenant and condition of the Lease. If Tenant at any time, fails to make any payment or fail to keep or
perform any term,covenant and condition on its part to be made or performed or kept under this Lease,Landlord may,but shall
not be obligated to and without waiving or releasing Tenant from any obligation under this Lease,use,apply or retain the whole
or any part of the Security Deposit(a)to the extent of any sum due to Landlord;(b)to make any required payment on Tenant's
behalf, or(c)to compensate Landlord for any loss, damage, attorneys' fees, or expense sustained by Landlord due to Tenant's
default. In such event, Tenant shall, within five(5) days of written demand by Landlord, remit to Landlord sufficient funds to
restore the Security Deposit to its original sum,and Tenant's failure to do so shall be considered a material breach of the Lease.
Tenant shall not be entitled to interest on such deposit. The rights of the Landlord against the Tenant for a breach of this Lease
shall in no way be limited or restricted by the Security Deposit,but Landlord shall have the absolute right to pursue any available
remedy to protect its interests herein, as if this deposit had not been made. Should Tenant comply with all the terms, covenants
and conditions required by this Lease,the Security Deposit,less any sums owing to Landlord,shall be returned to Tenant within
a reasonable time after termination of the Lease,vacation of the Premises by Tenant. Should the Premises be sold,Landlord may N
transfer or deliver the Security Deposit to purchaser of the interest and Landlord shall then be discharged from any further liability o
with respect to the Security Deposit.
Q
5. interest and Late Charges: (a)All amounts payable by Tenant to Landlord, including without limitation,rent,CAM
Charges,other charges due to Landlord and any amounts paid by Landlord on behalf of Tenant and reimbursable to Landlord,
not paid within ten(10)days of when due,as required herein,shall bear interest at the rate of twelve percent(12%)per year J
from the date of any delinquency in payment thereof to the date paid. In addition,Rent,CAM charges,and all other monies c-
owed are due and payable on the V day of each month.If however,all such amounts due have not been received by 0
Landlord by the 1st day of the month,Tenant shall incur a$75.00(Seventy Five Dollars and 00/100)late fee and on the 2"d of U)
the month and an additional$10.00(Ten Dollars and 00/100)a day charge for each day thereafter,until all monies are paid in
full.The late charges are due when late rent is paid.Rent can be mailed to P.6,Box 1068 Kent,WA 98035 and must be post
marked by the 15Lto avoid late penalties.
(b) Tenant agrees to pay Thirty-Eight and No/100 Dollars($38.00)to Landlord on any NSF check tendered to Landlord
by Tenant.The above late charge applies to rent for which payment has been attempted on a NSF check until said NSF check is ~
replaced with a cashier's or certified check. No personal checks will be accepted after the 2"d NSF check. c
N
(c)Any amounts owed by Tenant under this Section shall be considered additional rent.
to
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6. Taxes; Assessments: Tenant agrees to pay any increase in real estate taxes due and payable on the Premises for each full
calendar year during the term of this Lease over the real estate taxes due and payable on the Premises for the year in which the y
Commencement Date occurs. On or before March 31st of each year, or as soon thereafter as reasonably practicable, Landlord
shall certify to Tenant,(a)the amount of the total increase,if any,in real estate taxes due and payable for that year for the project J
of which the Premises are a part(the"Project"),and(b)Tenant's"proportionate share"of the total increase,which shall be equal 0
to that portion of the total increase which bears the same relation to the total increase as the total floor area of the Premises bears cn
to the total floor area of all rentable space in the Project.Tenant shall pay the proportionate share so certified on or before April '@
30 of such year,or within thirty(30)days of the date Landlord gives Tenant its certification.For the calendar year in which this _r
Lease terminates,the provisions of this section shall apply,but Tenant's liability for its"proportionate share"of any tax increase in
for said year shall be appropriately prorated. Should there presently be in effect or should there be enacted during the term of
this Lease, any law,statute or ordinance, levying any tax(other than Federal, State or local income tax)upon rents,Tenant shall E
pay such tax or shall reimburse Landlord on demand for any such taxes paid by Landlord. t
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Page 2 of 16
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4 racket Pg. 48
4.E.a
7.Use of Premises: The Premises are to be used for the purpose of conducting therein the business of general warehouse use
for City of Kent and traffic signal maintenance shop, and for no other business or purpose without the written consent of
Landlord, which consent may be withheld in Landlord's sole discretion. If any change in the use of the Premises or alteration
thereof by Tenant results in an increase in Landlord's insurance premiums, Tenant, promptly upon request, shall reimburse
Landlord for the increased cost of such insurance. The common areas are NOT to be used for storage, car repair, washing of
vehicles or anything deemed as damaging to the property. Tenants agree not to store any food, perishable or hazardous items.
Tenant agrees to only store property which is wholly owned by Tenant.. Tenant agrees that no illegal goods or contraband of
anytime is permitted to be stored in unit. Occupant agrees to comply with all applicable laws(federal,state and local),rules and
regulations promulgated thereunder.Under no circumstance shall any living persons,or animals,reside in unit.Tenant shall not
store any items or materials which are flammable,combustible,or dangerous is any nature.Landlord reserves the right to disallow
any item to be stored on the Premises.
Tenant shall not build, attach or alter anything on or to the building walls, floor or ceiling with any fasteners. Tenant shall not
operate any type of heater,refrigerator,or any other large appliance within the storage Unit.] o
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(a)Prohibited Uses.Except as expressly permitted herein,the Tenant shall not use or allow the Premises to be used for
any improper,unlawful or objectionable purposes or do or permit anything to be done in,on or about the Premises,nor possess Q
or maintain anything therein which would(i)increase the existing rating of or affect any policy of fire or other insurance upon y
the Premises or any of its contents, or cause a cancellation of any insurance policy covering any part thereof or of any of its m
contents; (ii)obstruct or interfere in any way with the rights of the other tenants occupying the other commercial space within _J
the Premises or(iii)injure or unreasonably or unnecessarily annoy any of the other tenants of any buildings within the Premises 0
in terms of excessive noise or odors caused by the Tenant beyond those that would be expected from Tenant's type of business. co
The Tenant shall not cause,maintain,or permit any nuisance in,on or about the Premises,nor shall the Tenant commit or suffer
to be committed any waste in,on or about the Premises or the Exterior Common Area.Except as expressly permitted herein,the aM
Tenant shall not place any object or barrier within, or otherwise obstruct, the Exterior Common Area without the prior written co
V
approval of the Landlord.
L
(b) Compliance with Laws. The Tenant shall at'all times comply with applicable laws, ordinances and regulations ~
14
promulgated by any governmental authority having jurisdiction over the Premises.`With the exception of any Additional Tenant c
Improvements by the Tenant, compliance with the Americans with Disabilities Act will be the responsibility of the Landlord. C`!
The Landlord shall not object to any requests for accommodations for the benefit of the employees or customers of the Tenant r-
that require physical modifications to the Premises,provided thaf(i)sucbmodifications to the Premises do not impose an undue CD
financial or administrative burden on the Landlord, (ii)the Tenant agrees4o pay for such modifications to the Premises,unless
the existing conditions are in violation of the Americans with Disabilitie§Act, in which case the Landlord shall be responsible y
for such modifications to the Premises, and(iii)the Tenant agrees to restore the Premises to its pre-existing condition(normal d
wear and tear excepted),unless the Landlord accepts such modifications and refuse such restoration to the Premises or unless the _J
existing conditions are in violation of the Americans with Disabilities Act, in which case the Landlord shall be responsible for o
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such desired restoration(if any). Cn
8. Conduct of Business: (a)Tenant shall not leave the Premises unoccupied or vacant,but shall continuously during the entire a�
term of this Lease carry on its business. Said business shall be kept open continuously each day during the hours customary for y
business of like character to be open.If the business is not continuously used for a period of 30 days or more it will be assumed
as abandoned.
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(b) Tenant shall not do anything which may injure the Building, commit waste on the Premises or be a nuisance or M
menace to other Tenants in the project. Tenant shall not allow any objectionable liquid, odor or noise to be emitted from the Q
Premises. Tenant shall not store gasoline or other highly combustible materials on the Premises, which would violate any
applicable fire code or regulation nor conduct any operation that will increase Landlord's fire insurance rate for the Premises.
Tenant shall not overload the floors of the Premises or the electrical lines and circuits in the Premises. If Tenant desires to use
electrical equipment that require more capacity than the capacity of the existing electrical lines and circuits in the Premises,then
before using such equipment Tenant shall, at its expense, increase the capacity of such lines and circuits. All such work and
changes shall comply with all applicable building and electrical codes and shall be subject to Landlord's prior consent. Tenant
shall not burn any trash of any kind in or about the Premises.
Page 3 of 16
F• I I Sc
A I Packet Pg. 49
4.E.a
(c)Tenant shall permit no damage to,or the defacement of the Premises. The plumbing facilities shall not be used for
any other purpose than that for which they were constructed, and no foreign substance of any kind shall be thrown therein. The
expense of any breakage, stoppage or damage resulting from a violation of this provision shall be borne by Tenant.
9.Outside Storage:Tenant hereby agrees that no item(s)shall be stored outside of the unit.Tenant shall not keep or display any
merchandise or other personal property in areas outside the Premises or otherwise obstruct such areas. This includes all refuse
receptacles and other collection containers,whether personal or business related other than on the date of collection.Tenant shall
be allowed dumpsters up to 1-yard capacity, without Landlord's prior approval. Tenants using a dumpster understand that
dumpsters or cans must be kept inside the Premises. Tenant hereby agrees that all dumpsters and cans will comply with the
Uniform Fire Code, Section 11.20.1(d). The outside storage of any item is strictly prohibited and will be enforced.
Any Tenant storing an item outside of their unit will be served a 72 hour notice to comply and/or have their tenancy terminated.
10. Inside Storage: Tenant shall not store any item(s)above the office,restroom,or hallways. All storage must be on approved N
storage racking or on the warehouse floor surface. O
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11. Signs and Advertising: Tenant may erect signage stating its name, business or product only after first securing Landlord's Q
approval of the size,color,design and verbiage and all necessary governmental approvals ON DOOR WINDOWS ONLY. All
signage installed by Tenant shall be removed upon termination of this Lease with the sign location restored to its former state. U)
Tenant shall not install any signs or advertising media or window or door lettering or plaques visible from outside the Premises a)
without previous written consent of Landlord,except as hereinafter mentioned.The Tenant agrees to conform to the standard 3" a
white vinyl lettering. Tenant agrees not to use any advertising media that shall be objectionable to Landlord, such as loud 0
speakers,phonographs or radio broadcasts in a manner to be heard outside the Premises without the prior written permission of v)
the Landlord.No flags,Aboards or LED boards can be used on premises or in front of the premise.
M
12. Alterations and Improvements: Tenant shall make no alterations, additions or improvements to the Premises without (0
Landlord's prior written approval and without a valid building permit issued by the appropriate governmental agency. Detailed
plans and specifications for such alterations and improvements shall first be submitted and approved by the Landlord in writing.
Landlord shall not unreasonably withhold its approval.Tenant shall not install any exterior lighting fixtures, shades or awnings
or do any exterior decoration or painting, or make any structural alterations without the previous written consent of Landlord. c
Any and all such alterations, additions and improvements will be made in a good and workmanlike manner at the sole expense N
of Tenant.All alterations,additions,or other improvements that may be made on or to the Premises by either of the parties hereto,
to
except trade fixtures put in at the expense of Tenant, shall be the property of Landlord and'shall remain on and be surrendered rn
with the Premises as a part thereof at the termination of this Lease without hindrance,molestation, or injury by Tenant, except
that Landlord, at its option, may require Tenant, at Tenant's expense,to remove any part or all of the alterations, additions or N
improvements made by Tenant. Any injury caused by Tenant's moving its trade fixtures in and out of the Premises or by the y
removal of the alterations, additions or improvements made by Tenant shall be repaired by Landlord at Tenant's expense. Q.
0
Nothing contained herein, however, shall prohibit Tenant from making necessary, normal, and emergency repairs to said U)
improvements without Landlord's consent.
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13. Property Damage or Personal Injury: Landlord shall not be liable for any personal property damage or personal injury in
occurring on or to the Premises or to any persons in or on the Premises including but not limited to: (1)any loss of property by
theft or burglary,(2)any damage to person or property on or about the Premises from the operation of any elevator or the use of E
any utility on the Premises,(3)any damage or injury caused by action of the natural elements,(4)any damage or injury resulting E
from the conduct of the employees of Tenant, whether negligent or otherwise, or(5)any damage or injury that may result from
any bursting, stoppage, or leakage of any water, steam,or gas pipe,sewer,basin,toilet,hot water tank, or drain. Q
14. Exterior Maintenance: Landlord shall repair and maintain the roof,gutters, downspouts, exterior walls, foundation, curbs
and exterior paved areas in good condition. Landlord shall be under no liability for repair of or maintenance to any store front
installed by Tenant. Except for such obligations of Landlord, Tenant shall keep the Premises neatly maintained and in good
order and repair. If the Premises has a separate entrance, Tenant shall keep the entrance free and clear of snow, ice, debris and
obstructions of every kind.
Page 4 of 16
�I.
- packet fig. 50
4.E.a
15. Interior Maintenance: Tenant shall,at its own expense maintain the interior of the Premises at all times in good condition
and repair,all in accordance with the laws of the State of Washington and in accordance with all directions and regulations of
any proper officer of the governmental agencies having jurisdiction,and Tenant shall comply with all requirements of law
touching the Premises other than with respect to structural repairs. Tenant's responsibility shall include maintenance and repair
of the electrical system,plumbing, drainpipes to sewers,air-conditioning and heating systems, doors and locks, including
overhead doors,carpet,blinds,windows and glass.Tenant will make sure to have a carpet or protection under all desks
and office chairs to maintain integrity of flooring. It is the responsibility of the Tenant to maintain pest and or rodent control
for the said interior Premises. At the expiration of the term hereof,Tenant shall surrender the Premises in good condition,
reasonable wear and tear and damage by fire or other casualty expected. The term"good condition"means the good physical
condition and cleanliness of the Premises and each portion of the Premises, including the items listed above,all alterations,
additions,or other improvements made by Tenant,and all trade fixtures installed by Tenant. In the event that Tenant request
Landlord to perform maintenance and/or repairs for Tenant's Office/warehouse interior,on Tenant's behalf,Tenant agrees to
pay Landlord a fee of$40.00 per hour plus the cost of parts and/or equipment rental. If such repairs and/or maintenance are
completed in less than an hour's time,$40.00 shall remain the minimum charge.All maintenance/repair costs&fees are due N
upon completion of work. O
t
16. Heating/Air Conditioning: Landlord, at its option, may initiate a maintenance program for Tenant's heating, ventilating, Q
and air conditioning system, if any, servicing the Premises. Tenant shall pay to Landlord, or at Landlord's election, directly to
the maintenance firm,the cost of such maintenance,which shall be in addition to the CAM Charges.
a�
17. Inspection and Repair: Tenant agrees and covenants that the Landlord or his agents at all reasonable times and during all J
0-
reasonable hours shall have free access to the Premises, and through any building or structure that may at any time be thereon, 0
or any part thereof, for the purpose of examining or inspecting the conditions of the same or of exercising any right or power v)
reserved to the Landlord under the terms and provisions of this Lease.
M
If Landlord deems any repairs required to be made by Tenant necessary, it may demand that Tenant make the same forthwith, N
and if Tenant refuses or neglects to commence such repairs and complete the same with reasonable dispatch,Landlord may make
or cause such repairs to be made.
LLL
r
Tenant agrees to forthwith,on demand,pay the Landlord the cost of labor and materials thereof with interest at 12%percent per c
year. 04
Tenant also hereby waives any claim for damages, including loss of business, resulting from any such repairs or alterations; rn
provided that in the exercise of its rights under this section,Landlord shall provide adequateaccess to the Premises and shall not
unreasonably interfere with the conduct of Tenant's business.
m
18.Parking Area:Landlord hereby grants to Tenant and to its employees,agents,customers and invitees the non-exclusive right J
for and during the term of this Lease,to use the parking area; such use to be in common with all other occupants of the project, o
whether as Tenants or as owners, and their employees,agents,customers and invitees. Guest parking is only for temporary use. y
This should not be used for overnight storage.Overnight parking is any vehicle that remains stationary for over 24 hours.Vehicles
in guest parking must only be onsite during working business hours. Tenant shall control the use of such parking spaces so that
there will be no unreasonable interference with the normal traffic flow,and shall not permit any parking in landscaped or unpaved in
surface. Landlord reserves the unrestricted right to make changes in the parking areas which shall at all times be subject to the
exclusive control and management of the Landlord.Landlord shall have the right from time to time to establish reasonable rules E
and regulations with respect to the parking areas. Under no circumstances shall trucks serving the Premises be permitted to block E
traffic flow.All vehicles must be road worthy and operational with current vehicle tags. No vehicle repair,washing, waxing, or
oil changes may be performed in the premises. Q
Unregistered, abandoned vehicles, cars parked in a designated handicap parking spot, parked in a Fire Lane, blocking the free
flow of traffic, or blocking a driveway will be towed immediately. Unfit and improperly parked vehicles are subject to tag and
towing, and 24 hours after a vehicle/trailer is tagged it will be towed. Towing is at owners' expense, and Landlord is not
responsible for notification to vehicle owner of towing. Towing will be performed by Payless Towing & Recovery. Location
is: 33905 Pacific Hwy S,Federal Way, WA 98003.Payless Towing's contact number is 253-941-4565.
Page 5 of 16
Af INA
Packet fig. 51
4.E.a
19. Liens; Exculpation; Tenant's Indemnity; Tenant is required to disclose any lien holders or secured parties who have an
interest in property that is or will be stored within Tenant's space.Name(s)and address(es)of all lien holders shall be disclosed
to Landlord, in writing, prior to the inception of tenancy, or as soon as reasonably possible. Tenant shall not allow any liens to
attach to the Premises as a result of its activities. Tenant is required to provide a name and address for delivery of any Notices
under this Lease.
Tenant shall defend, indemnify and hold Landlord harmless from and against any and all liability, claims, damages, costs and
expenses of any kind whatsoever, arising out of or relating to any injury to persons or property, or death of persons however
occurring on or about the Premises,except to the extent caused by Landlord's negligence of Landlord.
20.Tenant's Insurance:Tenant,at its cost,shall procure and maintain in full force and effect during the term of this Lease a policy
of commercial general liability insurance (including contractual liability and products and completed operations liability) with N
liability limits of not less than $2,000,000.00 (Two Million and No/100) single limit, insuring against all liability of Tenant, its O
employees, agents and contractors arising out of or in connection with Tenant's use and occupancy of the Premises and property
damage insurance with liability limits of not less than $2,000,000.00 (Two Million and No/100) . All such commercial general Q
liability and property damage insurance shall insure performance by Tenant of the indemnity provisions of Section 19 above. '
Landlord and Landlord's Agent shall be additional named insureds on such insurance policy. All insurance policies required to be U)
carried by Tenant under this Lease shall:(i)be issued by insurance companies authorized to do business in the State of Washington J
with a rating of A/VII or better as rated in the most recent edition of Best's Insurance Reports;(ii)be issued as a primary policy,and a
(iii)contain an endorsement requiring thirty(30)days'prior written notice from the insurance company to both Landlord and Tenant, 0
and, if requested by Landlord,to Landlord's lender,before cancellation or change in the coverage,scope,or amount of any policy. U)
Each policy or a certificate of the policy,together with evidence of payment of premiums, shall be deposited with Landlord on or
before the Commencement Date,and on renewal of the policy not less than ten(10)days before expiration of the term of the policy. aM
Landlord and tenant each hereby waive all rights of recovery against the other and against the officers,employees, independent
contractors, agents and representatives of the other, on account of loss by or damage to the waiving party of its property of the
property of others under its control, to the extent that such loss or damage is insured against under any Cause of Loss- Special
Form Insurance policy which either may have in force, or may be required by this Sublease Amendment to have in force, c
whichever is greater,at the time of the loss or damage.Each party shall,upon obtaining the policies of insurance required under 04
this Sublease Amendment, give notice to its insurance carrier or carriers that the foregoing mutual waiver of subrogation is �
contained in this lease, is such notice is required to give effect so such waiver. M
21. Personal Property Insurance: All personal property is the sole responsibility and risk of Tenant. Tenant understands that y
Landlord will not insure Tenant's personal property. To the extent Tenant does not obtain insurance coverage for the full value
of Tenant's personal property stored in or on the Premises, Tenant agrees that Tenant will personally assume all risk of loss, Q.
including without limitation,damage or loss by burglary,fire,vandalism or act of God. z
22. Release and Subrogation: Landlord and Tenant release each other, and their respective employees, agents and contractors,
from, and waive their entire claim of recovery for, any claims for damage to the Premises and the Project and to Tenant's a�
alterations,additions and improvements,trade fixtures and personal property that are caused by or result from fire, lightening or Fn
any other perils normally included in an"all risk"or"special causes of loss"property insurance policy whether or not such loss
or damage is due to the negligence of Landlord,or its employees,agents or contractors,or of Tenant,or its employees,agents or
contractors. Landlord and Tenant shall cause each insurance policy obtained by it to provide that the insurance company waives t
all right of recovery by way of subrogation against either party in connection with any damage covered by such insurance policy. M
Q
Page 6 of 16
Packet Pg. 52
4.E.a
23. Utilities and Amenities: Tenant shall fully and promptly pay for all water, sewer, storm drainage, natural gas, garbage
collection,telephone service,electricity, and all other public utilities of any kind furnished to the Premises throughout the term
hereof and all other costs and expenses of any kind whatsoever in connection with the use, operation, and maintenance of the
Premises and all activities conducted thereon. Landlord shall have no responsibility of any kind for any costs thereof and
Landlord shall have no liability resulting from any interruption of utility services caused by fire or other casualty, strike, riot,
vandalism,the making of necessary repairs or improvements, or any other cause beyond Landlord's reasonable control. If(i)
any utilities or services to the Premises are interrupted due to a cause within Landlord's reasonable control,and Tenant is unable to,
and does not,use the Premises as a result of such interruption,and(ii)Tenant shall have given notice respecting such interruption
to Landlord, and Landlord shall have failed to cure such interruption or discontinuance within seven (7) consecutive days after
receiving such notice,then rent hereunder shall thereafter be abated until such time as such services or utilities are restored or Tenant
begins using the Premises again,whichever shall first occur. Such abatement of rent shall be Tenant's sole recourse in the event of
an interruption of services or utilities required to be provided by Landlord hereunder. Tenant shall control the temperature in the
Premises to prevent freezing of any plumbing or sprinkler system. N
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24. Assignment and Subletting: Tenant shall not assign or in any manner transfer this Lease or interest herein, or sublet the
Premises or any part thereof,or allow anyone to occupy the Premises,without the prior written consent of Landlord.At no time Q
is subleasing allowed.Any attempt to sublease could result in immediate eviction,forfeit of deposits,and remaining cost of lease
term due.Tenant shall not change the name under which it does business in the Premises without Landlord's prior written consent. W
m
25.Bankruptcy: If Tenant becomes a Debtor under Chapter 7 of the Bankruptcy Code "Code" or a petition for reorganization or J
P Y� P P Y ( ) P g a
adjustment of debts is filed concerning Tenant under Chapters 11 or 13 of the Code,or a proceeding is filed under Chapter 7 of the 0
Code and is transferred to Chapters 11 or 13 of the Code, the Trustee or Tenant,as Debtor and as Debtor-In-Possession,may not CO
elect to assume this Lease or to assign this Lease to a third party unless,,at or before the time of such assumption and/or assignment, c
the Trustee or Tenant has:(a)cured all defaults under the Lease and paid all sums due and owing to Landlord under the Lease,and _M
(b)deposited with Landlord a sum equal to two(2)month's rent to be held by Landlord(without any allowance for interest thereon) CO
to secure Tenant's future performance under the Lease'.
L
26. Eminent Domain: If the whole of the Premises hereby leased shall be taken by eminent domain,then the term of this Lease ~
14
shall cease as of the day possession is taken by such public authority and the rent shall be paid up to that date. If only a part of c
the Premises shall be taken by eminent domain and the remainder of the Premises not so taken can be made tenantable for the N
purposes for which Tenant has been using the Premises,then this Lease shall continue in full force and effect as to the remainder r�
of the Premises and all of the terms herein provided shall continue in effect, except that the minimum rent shall be reduced in M
proportion to the amount of the Premises taken, and Landlord, at its own cost and expense, shall make all necessary repairs and �-
alterations in the Premises required by such taking;provided,however,that if more than fifty percent(50%)of the floor area of y
either the building in which the Premises are located or the Project shall be taken by eminent domain,,then Landlord may elect d
to terminate this Lease as of the date possession thereof is taken.All damages awarded for such taking shall belong to and be the J
CL
property of the Landlord whether such damages shall be awarded as compensation for diminution of the value of the leasehold o
or to the fee of the Premises, but Landlord shall not be entitled to any portion of the award made to Tenant for cost of removal aj
of stock and fixtures.
c
2
27. Destruction of the Premises: If the Premises are partially or totally destroyed by fire or other casualty,then Landlord may CO
elect to either(a)restore the Premises to substantially the same condition as they were in immediately before such destruction, or
(b)terminate this Lease effective as of the date of such destruction. If Landlord does not give Tenant notice within sixty(60)days E
after the date of such destruction of its election to restore the Premises,then Landlord shall be deemed to have elected to terminate z
this Lease. If Landlord elects to restore the Premises,then Landlord shall use commercially reasonable efforts to complete such M
restoration within one hundred eighty(180)days after the date on which Landlord obtains all permits necessary for such restoration, Q
provided,however,that such one hundred eighty(180)day period shall be extended by a period equal to any delays caused by Force
Majeure, and such destruction shall not terminate this Lease. The term "Force Majeure"means strikes, lockouts, labor disputes,
shortages of labor or materials,fire or other casualty,Acts of God or any other cause beyond the reasonable control of Landlord.
28.Default: The occurrence of any of the following shall constitute a default by Tenant under this Lease:
(a) Failure to Pay Rent. The failure by Tenant to make any payment of Minimum Monthly Rent,or pro-rata share of
taxes, insurance and CAM Expenses, or any other payment required to be made by Tenant hereunder, as and when due,where
such failure shall continue for a period of three(3)days after written notice thereof by Landlord to Tenant..
Page 7 of 16
9RIONA I
Packet fig. 53
4.E.a
(b) Failure to Comply with Rules and Regulations. Failure to comply with the Rules and Regulations, if any, if the
failure continues for a period of ten(10)days after notice of such default is given by Landlord to Tenant. If the failure to comply
cannot reasonably be cured within twenty-four(24)hours,then Tenant shall not be in default under this Lease if Tenant commences
to cure the failure to comply within twenty-four(24)hours and diligently and in good faith continues to cure the failure to comply.
(c) Other Defaults. Failure to perform any other provision of this Lease, if the failure to perform is not cured within ten
(10)days after notice of such default has been given by Landlord to Tenant. If the default cannot reasonably be cured within ten
(10) days, then Tenant shall not be in default under this Lease if Tenant commences to cure the default within ten (10) days and
diligently and in good faith continues to cure the default.
(d) Appointment of Trustee or Receiver. The appointment of a trustee or receiver to take possession of substantially all
of the Tenant's assets located at the Premises or of Tenant's interest in this Lease,where possession is not restored to Tenant within
sixty(60)days;or the attachment,execution or other judicial seizure of substantially all of Tenant's assets located at the Premises
or of Tenant's interest in this Lease,where such seizure is not discharged within sixty(60)days. N
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(e)Insolvency of Tenant,a transfer by Tenant in fraud of creditors,or assignment by Tenant for the benefit of
creditors. '
Q
(f)Commencement by or against Tenant proceedings in bankruptcy,or for reorganization of Tenant,or for the re- N
adjustment or arrangement of Tenant's debts,whether under the Bankruptcy Act of the United States of America or under any J
other law,whether State or Federal,now or hereafter existing for the relief of debtors, or commencement of any analogous 0-
statutory or non-statutory proceeding involving Tenant. The acceptance by Landlord of Tenant's monthly payment as provided 0
in this Lease subsequent to the occurrence of any such event of default,or that set forth in subparagraph(e)below,shall be as U)
compensation for use and occupancy of the leased premises,and shall in no way constitute a waiver by Landlord of its right to c
exercise any of the remedies provided below on the occurrence of any event of default. aM
V
(g)Appointment of a Receiver or Trustee.The appointment of a trustee or receiver to take possession of substantially
all of the Tenant's assets located at the Premises or of Tenant's interest in this Lease,where possession is not restored to Tenant
within 60(Sixty)days;or the attachment,execution or other judicial seizure of substantially all of Tenant's assets located at the
Premises or of Tenant's interest in this Lease,where such seizure is not discharged within 60(Sixty)days. N
(h) Abandonment. The vacating or abandonment of the Premises by Tenant or the failure of Tenant to be open for
business for a continuous period in excess of 30 days (except in the event of damage'or destruction to the Premises or Force Cn
M
Majeure which prevents Tenant from conducting any,.business:thereon).
29. Remedies: On the occurrence of any of such events of default,Landlord shall have the option to pursue any one or more of J
the following remedies without any notice or demand whatsoever: J
0.
(a) Maintain Lease in Force. Maintain this Lease in full force and effect and recover the rent and other monetary charges U)
as they become due, without terminating Tenant's right to possession, irrespective of whether Tenant shall have abandoned the c
Premises. If Landlord elects to not terminate the Lease,Landlord shall have the right to attempt to re-let the Premises at such rent _r
and upon such conditions and for such a term,and to do all acts necessary to maintain or preserve the Premises as Landlord deems U)
reasonable and necessary without being deemed to have elected to terminate the Lease including removal of all persons and property c
from the Premises; such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account CD
of Tenant. In the event any such re-letting occurs,this Lease shall terminate automatically upon the new Tenant taking possession
of the Premises. Notwithstanding that Landlord fails to elect to terminate the Lease initially, Landlord at any time during the term c�a
of this Lease may elect to terminate this Lease by virtue of such previous default of Tenant. Q
Page 8 of 16
WIN
�' Packet Pg. 54
4.E.a
(b) Terminate Lease. Terminate Tenant's right to possession by any lawful means, in which case this Lease shall
terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled
to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including without limitation thereto, the
following: (i)The worth at the time of award of any unpaid Rent which had been earned at the time of such termination;plus(ii)
the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the
time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided;plus(iii)the worth at
the time of award of the amount by which the unpaid Rent for the balance of the Term after the time of award exceeds the amount
of such rental loss that is proved could be reasonably avoided;plus(iv)any other amount necessary to compensate Landlord for all
the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of
things would be likely to result therefrom,including without limitation,any costs or expenses incurred by Landlord in(A)retaking
possession of the Premises,including reasonable attorney fees therefor,(B)maintaining or preserving the Premises after such default,
(C)preparing the Premises for reletting to a new tenant,including repairs or necessary alterations to the Premises for such reletting,
(D)leasing commissions,and(E)any other costs necessary or appropriate to relet the Premises;plus(v)at Landlord's election,such
other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable state law. Upon any N
such re-entry Landlord shall have the right to make any reasonable repairs, alterations or modifications to the Premises, which O
Landlord in its sole discretion deems reasonable and necessary. As used in Subsection 29(b)(i)the"worth at the time of award"is
computed by allowing interest at the rate of twelve percent(12%)per year from the date of default. As used in Subsections 29(b)(ii) Q
and(iii)the"worth at the time of award"is computed by discounting such amounts at the discount rate of twelve(12%)per year.
d
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(c) Lien on Personal Property. All goods, wares, merchandise and property of any description stored in Tenant's J
unit/space are subjected to a lien for all unpaid charges, including by not limited to expenses of transfer, storage, sales, legalities, Q.
rents,fees and all other applicable charges and may even be sold by private or public sale to satisfy the lien,if that balance remains 0
unpaid for fourteen(14)consecutive days.Landlord may.then take possession of the premises and all of Tenant's property therein co
and store at the expense of Tenant.This lien and its enforcement are authorized by Ch.294.1988 Laws of Washington(RCW 19.150) c
as they are now or future amended.Any Notice of Lien shall be sent to the address listed in Section 31 below.
65
30. Deliveries to Premises and Trash: All deliveries of merchandise, supplies and materials to the Premises and removal of
trash,garbage and other waste shall be made at such hours and in accordance with such rules as Landlord shall prescribe for the 2
project. In event Landlord's rules so prescribe, Tenant shall provide adequate covered metal receptacles for trash, garbage and ~
other waste, located at Landlord's directions and shall not be visible to members of the public. Tenant shall not permit an c
accumulation of boxes,waste or other refuse`matter:All trash cans must be stored inside the unit unless it is on collection day. N
Any trash gathered from outside the Tenants immediate space will be rebilled a minimum of$40.00/hour and dump fees re-billed I-
to the Tenant.
31. Surrender on Termination: (a) On the expiration or sooner termination of this Lease, Tenant shall deliver all keys to y
Landlord,have final utility readings completed showing paid for by the date of move out,and surrender and vacate the Premises d
in good condition,clean and free of debris inside and out,with all mechanical,electrical and plumbing systems in good operating _J
CL
condition;all signage removed and any damage to the Premises resulting from removal of signage properly repaired to Landlord's o
reasonable satisfaction and all repairs called for under the Lease completed. The Premises shall be delivered in the same or better Cn
condition as at the commencement of the term,subject only to ordinary wear and tear. Tenant acknowledges that Tenant will be ra
charged for the cleaning of carpet,blinds, and any excess dirt, debris, and or rubbish caused by the nature of Tenant's business a�
and such will not be considered ordinary wear and tear. These cleaning charges are not included in the Non-Refundable Cleaning co
Fee. Should Tenant paint walls a different color or walls become excessively stained or dirty,Tenant will be held responsible at
Tenant's sole expense, for patching and priming walls prior to move-out. Tenant further agrees to remove all of its furnishings E
and trade fixtures that remain its property and properly repair all damage resulting from such removal to Landlord's reasonable z
satisfaction. Failure to remove said property shall be abandonment of same and Landlord may dispose of it in any manner M
without liability.Any trade fixtures left in the Premises after the expiration or sooner termination of this Lease shall be considered Q
as abandoned by the Tenant and shall become and remain property of Landlord.
(b)If Tenant fails to vacate the Premises upon the expiration or sooner termination of this Lease,then Landlord may
elect either(i)to treat Tenant as a tenant from month-to-month, subject to all provisions for term and for base rent which shall
be equal to 150%of the last monthly base rental plus all other charges,taxes and expenses to be paid to Landlord as specified
herein,or(ii)to eject Tenant from the Premises and recover damaged caused by wrongful holdover.
32. Subordination of Lease: Tenant agrees that it will, at any time upon request from Landlord, execute a subordination
agreement in recordable form, subordinating this Lease to any mortgage or mortgages, deed or deeds of trust, or other
encumbrance on the Premises which may be executed by the Landlord.
Page 9 of 16
R 10 k
Packet fig. 55
4.E.a
33.Building Planning:In the event Landlord requires the Premises for use in conjunction with another suite or for other reasons
connected with the Project planning program,upon notifying Tenant in writing,Landlord shall have the right to move Tenant to
other space in the Project, at Landlord's sole cost and expense, and the terms and conditions of the original Lease shall remain
in full force and effect, save and excepting that an "Exhibit" reflecting the location of the new space shall become part of the
Lease and Page 1 of this Lease shall be amended to include and state all correct data as to the new space. However, if the new
space does not meet with Tenant's approval, Tenant shall have the right to cancel this Lease upon giving Landlord thirty (30)
days notice within ten (10)days of receipt of Landlord's notification. If Tenant cancels this Lease pursuant to this Section 33,
Tenant shall vacate the Building and the Premises within thirty(30)days of its delivery to Landlord of the notice of cancellation.
34. Notice to Vacate: Tenant shall provide to Landlord a written notice of intent to vacate Premises. Said notice is to be
received by Landlord not less than ninety(90)days prior to the expiration of the lease term. If said intent is to vacate the
Premises after the expiration of the lease term,then Landlord may elect to treat Tenant as a month-to-month tenant,subject to
all provisions for term and for base rent which shall be equal to 150%of the last monthly base rental plus all other charges, N
taxes and expenses.Ninety(90)day written notice to vacate is still required prior to the expiration of the term. 0
z
35. Hold-Over: If the Tenant shall, with the written consent of Landlord,hold over after expiration of the term of the Lease, or Q
extension hereof, such tenancy shall be for an indefinite period of time on a month-to-month tenancy, which tenancy may be
terminated as provided by the laws of the State of Washington. During such tenancy, Tenant agrees to pay to the Landlord the U)
holdover rate as set forth in Paragraph 31(b),unless a different rate is agreed upon,and to be bound by all the terms,covenants, J
and conditions herein specified,as far as applicable. 0-
0
36. Heirs and Successors: Subject to the provisions herein pertaining to assignment and sub-letting, the covenants and U)
agreements to this Lease shall be binding upon the heirs, legal representative, successors and assigns of any or all of the parties
hereto. a�
37. Notices: All notices to this Lease provided to be given by either party hereto shall be deemed to have been given, when
made in writing and deposited in the United States mail,and postage prepaid and addressed as follows:
H
TO LANDLORD: Plemmons Industries, Inc. N
0
P.O. Box;1068 N
Kent, WA 98035
to
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TO TENANT: City of Kent
Attn: Mike Sorensen
220 4th Ave S
m
Kent, WA 98032 J
Q.
0
The address to which any notice,demand or other writing may be given,made or sent to either party may be changed by written cCn
notice given by such party as above provided. '@
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LM
38.Fees;Deposits: If Tenant vacates the Premises or defaults before the end of lease term,the last one month's rent and security U)
deposit shall be forfeited. This does not alleviate Tenant's monthly responsibility to the monthly rent. If Tenant faithfully
performs in accordance with the terms of this Lease,the rent on deposit will be applied to the last one month's rent, providing E
notice of termination is given in the timely manner set forth within. t
ca
Any violation of this lease agreement that requires a legal notice will have a reasonable fee charged to Tenant. Q
Tenant hereby agrees to pay a one-time$300.00(Three Hundred Dollars and 00/100)non-refundable cleaning fee,per unit,
upon move out.This fee excludes the cost of cleaning the carpet and blinds and servicing the HVAC unit(if any).
Tenant's using a dumpster understands that the dumpster or cans must be kept inside the Premises.All dumpsters or trash bins
need to be picked up before move-out.Landlord will not accept keys if receptacles are still on the property.
To change the name on this agreement the Tenant will receive an administration fee of$150.00 (One Hundred Fiftv Dollars
and 00/100).Any other lease changes are subject to additional fees.
Page 10 of 16
Packet fig. 56
4.E.a
39.Severability: If any provision of the Lease is held to be invalid,unenforceable or illegal,the remaining provisions shall not
be affected and will be enforced to the fullest extent permitted by law.
40.Attorney's Fees: If either party shall bring any action for relief against the other party,declaratory or otherwise,arising out of
this Lease, including any action by Landlord for the recovery of rent or possession of the Premises, any trial, any appeal, or any
post judgment proceedings,or if either party engages an attorney to represent it in connection with the bankruptcy or reorganization
of the other party,then the losing party shall pay the successful party a reasonable sum for attorney's fees which shall be deemed to
have accrued on the commencement of such action and shall be paid whether or not such action is prosecuted to judgment.
41.Time of Essence: Time is of the essence in this Lease and of every provision hereof.
42.Right to Change Name of Building:Landlord reserves the right to change the name or street address of the building without
notice or liability of Landlord to Tenant.
a�
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43. Rider: Tenant and Landlord hereby agree that no paint spraying, or paint boxes, auto body, or auto repair, personal or O
otherwise,is to be conducted on the Premises.This premise is for commercial use only.It cannot in any way be used as a personal
residency,no showers,or household items are to occupy a warehouse space.No illegal activity is to occur on the Premises. Q
44. Environmental: The term "Environmental Law" shall mean any federal, state or local statute,regulation or ordinance or
any judicial or other governmental order pertaining to the protection of health,safety or the environment. The term"Hazardous J
Substance"shall mean any hazardous, toxic, infectious or radioactive substance, waste and material as defined or listed by any Q.
Environmental Law and shall include,without limitation,petroleum oil and its fractions. 0
CO
(a) Use of Hazardous Substances. Tenant shall not cause or permit any Hazardous Substance to be spilled, leaked, c
disposed of or otherwise released on or under the Premises. Tenant may use and sell on the Premises only those Hazardous 2
Substances typically used and sold in the prudent and safe operation of the business permitted by Paragraph 7 of this Lease. CO
Tenant may store such Hazardous Substances on the Premises,but only in quantities necessary to satisfy Tenant's reasonably
anticipated needs. Tenant shall comply with all Environmental Laws and exercise the highest degree of care in the use,handling
and storage of Hazardous Substances and shall take all practicable measures to minimize the quantity and toxicity of Hazardous
Substances used,handled or stored on the Premises. N
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(b) Notices. Tenant shall immediately notify Landlord upon becoming aware of the following: (i) any spill, leak, r�
disposal or other release of a Hazardous Substance on,under or adjacent to the.Premises;(ii)any notice or communication from M
a governmental agency or any other person._relating:to any Hazardous Substance on,under or adjacent to the Premises; (iii)any
violation of any Environmental Law with respect to the Premises or Tenant's activities on or in connection with the Premises. y
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(c)Spills and Releases.In the event of a spill,leak,disposal or other release of a Hazardous Substance on or under the —J
Premises caused by Tenant or any of its contractors, agents or employees or invitees, or the suspicion or threat of the same, 0
Tenant shall(i)immediately undertake all emergency response necessary to contain,cleanup and remove the released Hazardous an
Substance, (ii) promptly undertake all investigatory, remedial, removal and other response action necessary or appropriate to M
ensure that any Hazardous Substances contamination is eliminated to Landlord's reasonable satisfaction, and (iii) provide r_
Landlord copies of all correspondence with any governmental agency regarding the release(or threatened or suspected release) CO
or the response action,a detailed report documenting all such response action,and a certification that any contamination has been
eliminated. All such response action shall be performed, all such reports shall be prepared and all such certifications shall be E
made by an environmental consultant reasonably acceptable to Landlord. z
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(d)Condition Upon Termination. Upon expiration of this Lease or sooner termination of this Lease for any reason, Q
Tenant shall remove all Hazardous Substances and facilities used for the storage or handling of Hazardous Substances from the
Premises and restore the affected areas by repairing any damage caused by the installation or removal of the facilities. Following
such removal,Tenant shall certify in writing to Landlord that all such removal is complete.
Page 11 of 16
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4.E.a
(e) Indemnity by Tenant. Tenant shall defend, indemnify and hold Landlord harmless from and against any and all
damages, charges,cleanup costs,remedial actions,costs and expenses,which may be imposed on, incurred or paid by,or asserted
against Landlord, the Premises or the Project by reason of, or in connection with (i)any misrepresentation, breach of warranty or
other default by Tenant under this Lease,or(ii)the acts or omissions of Tenant, or any of its contractors, agents or employees or
invitees, or any subtenant or other person for whom Tenant would otherwise be liable, resulting in the release of any Hazardous
Substance on the Premises or the Project. The provisions of this Section 44 shall survive the expiration or sooner termination of this
Lease.
45.The following Addendums are hereby incorporated and made part of this lease agreement: "A", "B", "C".
46.The following Exhibit is hereby incorporated and made part of this Lease agreement:"A".
47.All rents are calculated based on a per unit cost and not per square foot cost. (All warehouse square footages are estimated).
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48. The tenant is provided with bay door in working condition and no visual damage at the commencement of the lease term. o
Any damage to bay door due to Tenants negligence will be subject to a charge of$750.00 (Seven Hundred Fifty Dollars and
00/100)per each damaged panel.This amount is subject to change based on the cost to replace/repair.
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49. The tenant is provided with a working condition tract which contains no visual damage at the commencement of the lease N
term. Any damage to bay door tract due to Tenants negligence will be subject to a charge of$750.00 (Seven Hundred Fifty
Dollars and 00/100) for the replacement and or repair of bay door tract. This amount is subject to change based on the cost to J
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replace/repair. 0
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EXECUTED THIS DAY OF ,2024 ;2
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LANDLORD: PLEMMONS INDUSTRIES,INC. c
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ATTEST:
BY: N
Sherry Daffin,General Manager
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EXECUTED THIS DAY OF ,2024 in
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TENANT: CITY OF KENT E
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BY:
Dana Ralph, Mayor
Page 12 of 16
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4.E.a
ADDENDUM"A"
IMPORTANT INFORMATION FOR CENTRAL PARK TEN
WAREHOUSE TENANTS
PHONE NUMBER FOR UTILITIES AND SERVICES:
Puget Sound Energy 1-888-225-5773
Post Office(Kent-Main,to set up delivery) 253-520-7576
Republic Services 206-652-8832
Century Link 1-866-642-0444
Comcast 1-800-934-6489
UTILITIES/SERVICES:
Will have meter read as close to day of possession as possible. The Landlord will allow three (3) business days before N
instructing to discontinue service. It is the responsibility of the Tenant to contact the above utilities/services and put these O
services into their name prior to or on the first day of occupancy. The Gas and Electric Utility Services are provided by Puget z
Sound Energy. Tenant hereby understands that Tenant will be fully responsible for any charges incurred during the lease Q
term for services provided by said Puget Sound Energy Company. ,
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SIGNAGE: m
All window signage must be in uniform WHITE lettering. The suite door signage must be in the uniform lettering also. J
Signage is a Tenant cost.Raven Copy Center is familiar with our requirement,please call(253)220-8120. 0
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KEYS/LOCKS: @
Re-keying of any office/unit door is not permitted without the prior consent of the Landlord. Plemmons Industries Inc will a�
not release a key nor allow entry to any Tenants unit to any person(s) except lessee without the prior written consent of the co
lessee. Such consent memo must include full name of person and reason for key release. Person receiving key must have V
verifiable identification. NO EXCEPTIONS! Call the Property Manager for more information. All keys assigned at the M
commencement of Lease must be returned.Each key not returned will be$15.00/key. If no keys are returned the Tenant will H
be charged for a drill out and new lock fee of$150.00. N
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RENT PAYMENT:
Rent is due on the FIRST of each month. Are payments ire made out to PLEMMONS INDUSTRIES,INC.A NOTICEto
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OR INVOICE WILL NOT BE SENT OUT. It is the Tenant's responsibility to mail the rent payment or deliver it to the
main office during business hours. Monday-Friday 800.a.m. - 5:00 p.m. Tenants may mail the rent payment to Plemmons m
Industries,Inc.,P.O. Box 1068,Kent WA 98035. M
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WATER METERS: Q-
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Access to the unit for the sole purpose of reading the meter is hereby considered authorized by the Tenant.Report any water
leaks or running toilets immediately,tenants will be responsible for and billed for excessive usage caused by a leak. n
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WATER/SEWER/STORM DRAINAGE BILLING: 2
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Water meters will be read at time of occupancy or installation,and on the I`of the month and usage charges will be posted
on the 111. A Plemmons and a City of Kent access and backflow charge will be added to each unit in the amount of$3.00 d
(Three Dollars and 00/100), as well as a monthly City of Kent Sewer fee in the amount of$4.00 (Four Dollars and 00/100) E
per unit. Both of these charges are subject to change. A monthly City of Kent Strom Drainage Fee of$40.82(Forty Dollars
and 82/100)will be charged per unit(this is subject to change with a City of Kent rate change). The water/sewer and storm Q
drainage bill is due and payable with the next months rent&CAM payment on the first of the month.Water/sewer and storm
drainage bills not paid by the 10th of the month will incur a $25.00 (Twenty-Five Dollars) late fee. There is no grace
period. If a water meter is not installed in your unit,you will be billed a pro rata share of the remaining water bill from the
City of Kent.
Page 13 of 16
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4.E.a
MAINTENANCE
Please refer to paragraphs 14, 15, 16, and 17 of your lease. These paragraphs explain in detail the responsibility of both
Landlord and Tenant in regards to repairs and maintenance.If you have a problem and feel it is our responsibility,please call
(253)854-2600 and report it.We will attend to it in a timely manner and emergency needs will be seen to as soon as possible.
If you are a new Tenant and have occupied your unit for 30 days or less and experience a problem, call us. It could be
something we missed during our inspection and/or something we believe we should fix for you. Please feel free to call us if
you have any questions.
REBILLED MAINTENANCE COSTS:
The Tenant shall at its own expense maintain the interior of the Premises at all times,as well as all doors,windows and glass.
If the Tenant fails to maintain the Premises or to make such repairs,the Tenant hereby agrees that the Landlord's maintenance
staff shall make such repairs and bill the Tenant at the hourly rate of$40.00(Forty Dollars)plus the cost of materials. If an N
outside contractor of vendor is used, it will be charged back to the Tenant at their cost.
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GARBAGE:
Remember that garbage cans,dumpsters,recycling containers,and other trade related containers must be kept inside Q
your warehouse. They may be put out on pick-up day only.At no time is any trash to be left outside,including pallets. m
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Leaving trash/pallets/furniture outside is a violation of the lease and can result in significant fines&charges. f°
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DELIVERIES: c
Landlord accepts no responsibility for and is to be held harmless for any packages, materials,etc.,delivered to the corporate U)
offices by couriers or any delivery service for the Tenants.
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MAIL/MAIL BOXES: (n
If keys are not returned a drill out and a re-key charge fee of$150.00.For each individual mail key not returned,a$15.00 fee .2
will be charged. Contact the Main Post Office located at 10612 SE 240th in Kent regarding mail delivery and your mailbox. a
Their phone number is(253)852-3950. We cannot set up your mail service or handle your mail in any manner.
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PARKING/STORAGE: N
Do not park in front of any unit(s)other than your own. Center area parking is common parking for Tenants and customers
only.Guest parking does not allow overnight parking for Tenants or Guest. Storage of any vehicle or trailer is not permitted.
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Any vehicle leftover night, in guest-parking or another tenants parking spaces,without written consent of the Landlord will
be subject to immediate towing at owner's expense. Parking may be available for overnight parking at an additional monthly N
cost.All vehicles must be operational,as dictated by Washington Law.All trailers and trucks filled with items must be tarped.
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No garbage/trash is to be stored in truck beds or trailers.Failure to remove an unfit vehicle or trailer will result in removal by J
a tow company at the Tenant's expense. Any items left outside are subject to removal,without notice,by landlord at tenants o
cost. Removal costs starts at$25.00 per item, $40.00 per hour for labor fees, and any additional costs accrued for removal.
ALARM SYSTEM&SURVEILLANCE CAMERA:
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If you wish to install an alarm system,the Landlord does not object. However,you need to secure written permission from cn
the Landlord. When ascertaining permission for your alarm system,you must provide the Landlord with the pass code,name,
address,and phone number of alarm service provider and an emergency number to call in case of accidental activation of the E
system or an emergency. Tenant is allowed to put a camera on the outside of your unit. It can only be used for surveillance t
of the front of your unit. Nothing can be drilled into the outside of the building or bay door.
WAREHOUSE FLOORS:
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Painting of warehouse floors is strictly prohibited.
WAREHOUSE WALLS:
Nothing can be attached or bolted to any of the warehouse walls for support. If the unit is in a corner space and if a wall is
brick or concrete nothing is to damage or compromise the integrity of it.
Page 14 of 16
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4.E.a
SMOKING AND/OR USE OF TOBACCO PRODUCTS IS PROHIBITED IN ANY OF THE PLEMMONS
INDUSTRIAL PARK OFFICES OR BUILDINGS.
Call the Property Manager at(253)854-2600 if you have any needs or questions.
Landlord: PLEMMONS INDUSTRIES,INC.
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Sherry Daffin, General Manager Date o
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Tenant: CITY OF KENT J
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Dana Ralph,Mayor Date N
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EXHIBIT"A"
Page 15 of 16
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4.E.a
SIGN CRITERIA
Northwest
Tape & Audio
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Tape & 3x6 J
Aiticliti RECEIVING 12^X48" SHIPPING G
16 UP FROM D
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• All signs must be 3' X 6' and centered 16"up from door and windows(as per above sample.)
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• All signs must have radius corners,the body of the sign must be painted in Rodda Paint Company's CP 13 Pigeon
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#532001 with the edge trimmed in the Rodda Teal color#KT2496J 179 1. Any"shipping"or"receiving"signs will
be in the Pigeon color base with Teal letters. Q-
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• Use of any color of letters identifying your business name is acceptable and logos are also acceptable. �a
Advertising of any kind,however, is not acceptable. Phone numbers are not acceptable. a-
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• Only one sign per Tenant will be allowed.
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• All signs must be approved by the Landlord prior to installation. It is advised to have the drawing approved, t
prior to fabrication.
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In lieu of 3' x 6' sign above door,Tenant may install the following:
• White vinyl lettering of business name may be applied to window. Letters shall not exceed 3"in height and must
be centered on window, 16"down from top portion of window.
Page 16 of 16
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Packet fig. 62
4.F
PUBLIC WORKS DEPARTMENT
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
W A S H i N G T O N 253-856-5600
DATE: April 16, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Reith Road Roundabouts - Additional Transportation
Improvement Board Grant Funding - Authorize
MOTION: I move to authorize the Mayor to accept additional grant funds in
the amount of $239,2S0 for a total grant funding amount of $1,834,2S0
from the Transportation Improvement Board for the Reith Road
Roundabouts project, amend the budget, and authorize the expenditure of
funds.
SUMMARY: On April 2, 2024, Council authorized award of the Reith Road
Roundabouts Project (Project) to Northwest Cascade, Inc.
The Project includes the construction of compact roundabouts at the intersections of
Reith Road and South 253rd Street and Reith Road and Lake Fenwick Road,
including illumination, storm drainage, water, and other utility work.
The Transportation Improvement Board (TIB) has authorized an additional
$239,250 of TIB funds for a total grant funding amount of $1,834,250 for this
Project. The City entered into an agreement with TIB in 2022. Under the terms of
this agreement, the City is allowed to request additional funding and an
amendment is not required.
BUDGET IMPACT: $239,250 in TIB grant funds will be added to the budget.
Remaining project cost will be paid for using a combination of funds from the Street
Fund and Transportation Impact Fees.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
ATTACHMENTS:
1. Transportation Improvement Board Approval to Award Letter (PDF)
Packet Pg. 63
�gist,tn8t°n s�° 4.F.a
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Washington State
4 ' m Transportation Improvement Board
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TIB Members Q-
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Chair fC
Councilmember Sam Low L
Snohomish County March 28, 2024 ~
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Vice Chair
Mayor Hilda Gonzalez .0
City of Granger
Amy Asher Mr. Chad Bieren, P.E. a
Mason Transit Authority Public Works Director
Aaron Butters City of Kent
HW Lochner Inc. 220 4th Avenue South
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Susan Carter Hopelink Kent, WA 98032-5838
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Kent Cash
Port of Vancouver Dear Mr. Bieren:
Barbara Chamberlain 0
WSDOT
Elizabeth Chamberlain Based on your Updated Cost Estimate for the Reith Road project, TIB #
City of Walla Walla 8-1-106(034)-1, your authorized TIB funds are $1,834,250, which reflects an
Dongho Chang increase of $239,250. 00
WSDOT
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Scott Chesney Spokane County You may now award the construction contract. v
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Vicky Clarke J
Cascade Bicycle Club and Washington We would be happy to assist you with any questions. You can contact Greg
Bikes Armstrong, TIB Project Engineer, at (360) 586-1142 or via e-mail at
Andrew Denham Town of Twisp GregA@TIB.wa.gov. a O
Commissioner Al French
Spokane County Sincerely,
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Commissioner Scott Hutsell i
Lincoln County � Q'
Councilmember Jon Pascal � OPA4 6,4AQ
City of Kirkland
Les Reardanz Ashley Probart m
Whatcom Transportation Authority },
Executive Director
Peter Rogalsky N
City of Richland E
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Mayor Kim Roscoe 0
City of Fife cc: Tammy Johnson a
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Maria Thomas
Office of Financial Management 0
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Jennifer Walker l0
Thurston County
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Jane Wall y
County Road Administration Board
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Ashley Probart
Executive Director ++
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P.O.Box 40901
Olvmoia.WA 98504-0901
Investing in your local community Packet Pg. 64