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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 06/21/1994City of City Council Meeting Agenda Mayor Jim White Council Members Judy Woods, President Jim Bennett Tim Clark Christi Houser Jon Johnson Paul Mann Leona Orr June 21, 1994 Office of the City Clerk CITY OF SUMMARY AGENDA KENT CITY COUNCIL MEETING June 21, 1994 Council Chambers 7:00 p.m. MAYOR: Jim Jim Bennett Jon Johnson White COUNCILMEMBERS: Judy Tim Clark Paul Mann Woods, President Christi Houser Leona Orr CALL TO ORDER ROLL CALL 1. PUBLIC COMMUNICATIONS IK-. Introduction of Mayor's Appointees Drinking Driver Task Force Community Partnership Award ,.e. Proclamation - Hire A Veteran Week �. Update on Vision 2020 2. PUBLIC HEARINGS -1C Ramstead/East Hill Annexation (AN -94-3) - Ordinance 3. CONSENT CALENDAR 'A- Approval of Minutes ,B: Approval of Bills R_. 45th Place South Street Vacation - Resolution -g. Regular Part -Time Block Grant Funded Human Services Planner - Authorization and Budget Change Appointment - Drinking Driver Task Force Reappointment - Board of Adjustment -G. Comprehensive Park Plan - Adoption Green/Duwamish Watershed Alliance - Resolution _r. Langston Landing - Bill of Sale d: �ouncil Absence - Approval t 4. OTHER BUSINESS .-sof. Penal Code - Emergency Ordinance ,B: Curfew/Parental Responsibility Ordinance 1C. Youth/Teen Center Report 5. BIDS ,k. Hearing Protection System Contract - Approval 6. CONTINUED COMMUNICATIONS 7. REPORTS 8. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City in advance for more information. For TDD relay service call 1-800-635-9993 or the City of Kent (206) 854-6587. PUBLIC COMMUNICATIONS Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) Intr'IIoduction of 'Mayor's Appointees B) Drinking Driver Task Force Community Partnership Award 0n '�)i ) a,t-ktq"� C) Proclamation - Hire A Veteran Week D) Update on Vision 2020 M Kent City Council Meeting Date June 21, 1994 Category Public Hearings 1. SUBJECT: RAMSTEAD/EAST HILL ANNEXATION (AN -94-3) - ORDINANCE 2. SUMMARY STATEMENT: This date has been set for the public hearing on adoption of the ordinance necessary for the incorporation of the Ramstead/East Hill Annexation area as part of the City. The City Engineer will give a brief overview of the annexation area. 3. EXHIBITS: Ordinance, vicinity map, Memorandum from Public Works Director 4. RECOMMENDED BY: Council Action (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 51 EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: 7. CITY COUNCIL ACTION: /`? Councilmember 1%1)moves, Councilmembery C-Vd' seconds that Ordinance _ be adopted incorporating the Ramstead/East Hili Annexation as part of the City. DISCUSSION: ACTION: kA -4) Council Agenda Item No. 2A ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, annexing to the City certain contiguous lands, comprising approximately 608.5 acres generally bounded on the north by S.E. 264th St. and the Kent- Kangley Road (S.R. 516), on the east by the extension of 120th Ave. S.E., on the south by the extension of S.E. 280th St., and on the west by the Green River, and more particularly described as set out in the attached Exhibits A and B, and commonly known as the Ramstead/East Hill Annexation. WHEREAS, in accordance with Chapter 35A.14 RCW, the owners of not less than 60 percent of the assessed valuation for general taxation of certain real property, the "Ramstead/East Hill Annexation" area, which is more particularly described in Exhibit A to this ordinance, filed with the Kent City Council their petition to annex the Ramstead/East Hill Annexation area to the City of Kent; and WHEREAS, the City determined the Ramstead/East Hill Annexation area annexation petition to be sufficient in all respects; and WHEREAS, in accordance with Chapter 35A.14 RCW various proceedings were had, specifically including environmental review under the State Environmental Policy Act, wherein a Determination of Nonsignificance was issued; and WHEREAS, a Notice of Intention to annex was filed with the King County Boundary Review Board ("BRB"); and WHEREAS, jurisdiction was not invoked for review by the BRB, and the BRB has deemed the proposed Ramstead/East Hill Annexation approved as of May 12, 1994; and WHEREAS, the City has published and posted notice of a public hearing on the proposed Ramstead/East Hill Annexation in accordance with RCW 35A.14.130 so that interested persons could voice their approval or disapproval of the annexation; and WHEREAS, the City Council of the City of Kent held the public hearing on the Ramstead/East Hill Annexation in the City Council Chambers at a regularly scheduled meeting of the Kent City Council at 7:00 p.m. on June 21, 1994; and WHEREAS, it appears to the City of Kent that the Ramstead/East Hill Annexation meets all requirements specified by ' law, to and including consideration of the passage of this ordinance, and that the land to be annexed is contiguous to the City of Kent and has not heretofore been incorporated in or as a city or town; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The foregoing recitals are by this reference incorporated herein and made a part hereof. Section 2. There shall be annexed to the City of Kent, Washington certain property situated in King County, Washington, which property is legally described in Exhibit A attached hereto and incorporated by this reference, and having the boundaries 2 indicated in the map attached hereto as Exhibit B and incorporated by this reference. Section 3. That, in accordance with the Ramstead/East Hill annexation property owner's petition, the property hereby annexed shall be assessed and taxed at the same rate and on the same basis as other property within the City of Kent is assessed and taxed to pay for any outstanding general indebtedness of the City to which the area was annexed and which indebtedness has been approved by the voters, contracted for, or incurred prior to, or existing at the effective date of this annexation. Section 4. That the annexation of said property will become effective upon the effective date of this Ordinance, and said property shall become a part of the City of Kent, subject to all the laws and ordinances of the City then and thereafter in effect except as otherwise provided by law. Section S. Within thirty (30) days from the effective date of this Ordinance as provided by law, the City Clerk of the City of Kent shall, under the direction of the Mayor of the City of Kent, determine the resident population of the annexed territory, which population determination shall consist of an actual enumeration of the population that shall be made in accordance with the practices and policies and subject to approval of the State of Washington's Office of Financial Management and which population shall be determined as of the effective date of this annexation as specified in this ordinance. Section 6. Within thirty (30) days after the effective date of the annexation referred to in this Ordinance, the City [e3 Clerk of the City of Kent, pursuant to RCW 35A.14.700, shall prepare a certificate signed by the Mayor and attested by the City Clerk in such form and containing such information as shall be prescribed by the State Office of Financial Management, and the City Clerk shall thereafter submit said certificate in triplicate to the Office of Financial Management together with the population determination of the annexed territory. Section 7. Upon passage of this annexation ordinance, the City Clerk of the City of Kent, pursuant to RCW 35A.14.140, shall send to the Office of the Clerk of the County Council a certified copy of this ordinance together with a copy of a letter from the Executive Secretary of the King County Boundary Review Board that declares the BRB's decision relating to this annexation (Exhibit C). Section 8. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 9. Effective Date. This ordinance shall take effect and be in force commencing July 1, 1994, which date is more than five (5) days from and after the date of passage of this ordinance. ATTEST: JIM WHITE, MAYOR C] BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED day of APPROVED day of PUBLISHED day of 1994. NEWORTIN 1994. I hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. ramstead.ord BRENDA JACOBER, CITY CLERK M (SEAL) Legal description Those portions of Sections 28, 29, 31 and 32 all in Township 22 North, Range 5 East, W.M., in King County, Washington; including any recorded plats and unrecorded plats and any Rights of Way lying therein; described as follows: The south half of Section 29, Township 22 North, Range 5 East, W.M., ....., King County, Washington, EXCEPT those portions lying within Kent City Limits established under ordinances 1891, 2728 and Ordinance 2144; AND ALSO the southeast quarter of the northeast quarter of Section 29, Township 22 North, Range 5 East, W.M., in King County, Washington, lying southerly of Kent City Limits established under Ordinance 1529; AND ALSO that portion of the southwest quarter of the northwest quarter of Section 28, Township 22 North, Range 5 East W.M., in King County, Washington, lying southerly of the southerly margin of Kent-Kangley Highway; AND ALSO the north half of the northwest quarter of the southwest quarter of Section 28, Township 22 North, Range 5 East, W.M., in King County Washington, EXCEPT that portion lying northeasterly of the southwesterly margin of Kent-Kangley Highway; AND ALSO Lots A, B, C & D of King County Short Plat #SP475049, recorded under King County Recording #7604210673; AND ALSO the west half of the west half of the southwest quarter of the southwest quarter of Section 28, Township 22 North, Range 5 East, W.M., in King County, Washington; AND ALSO the north half of the northwest quarter and the north half of the northeast quarter of Section 32, Township 22 North, Range 5 East, W.M., in King County, Washington; AND ALSO the southwest quarter of the northwest quarter of Section 32, Township 22 North, Range 5 East, W.M., in King County, Washington; AND ALSO the north 165 feet of the southeast quarter of the northwest quarter of Section 32, Township 22 North, Range 5 East, W.M., in King County, Washington EXCEPT the east 30 feet thereof being right-of-way for 108th Avenue SE; AND ALSO that portion of the southeast quarter of the northwest quarter of Section 32, Township 22 North, Range 5 East, W.M., in King County, Washington described as follows: Beginning at the southeast corner of said northwest quarter; thence North 88056140" West 1302.73 feet to the west line of the east half of said northwest quarter and the True Point of Beginning; thence North 01°48'05" East along said subdivision a distance of 1141.94 feet; thence South 88"46'16" East a distance of 296.15 feet; thence South 06054156" West a distance of 92.80 feet; thence South 19"42'46" West a distance of 168.51 feet; thence South 26038102" West a distance of 145.59 feet; thence South 19045129" West a distance of 363.39 feet; thence South 47043140" West a distance of 87.51 feet; thence South 01048105" West a distance of 140.50 feet; thence South 05016112" East a distance of 107.08 feet; thence South 08"50'42" West a distance of 107.50 feet to the True Point of Beginning; EXCEPT the south 30 feet thereof; AND ALSO those portions of the northeast quarter of Section 31, Township 22 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at the southeast corner of said subdivision; said point being the True Point of Beginning; thence North 03044108" East along the east line of said subdivision a distance of 1479.60 feet; thence North 55034134" West a distance of 253.21 feet; thence South 85040110" West a distance of 513.91 feet to the easterly margin of Green River Road South; thence southwesterly along a line perpendicular to said easterly margin to its intersection with the thread of the Green River; thence southeasterly along said thread of the Green river to the Ci`-' limits of Auburn as established by Ordinance 2511; thence continuing southerly along the thread of the Green River and said City limits to the south line of said northeast quarter of Section 31; thence east along said south line to the True Point of Beginning; AND ALSO Lots 2, 3 and 4 of King County Short Plat #SP1078096R, recorded under King County Recording #8011070874; FXN I R IT Ar . Ppt-- i of L AND ALSO Lots 11 2 and 3 of King County Short Plat #SP279079R, recorded under King County Recording #8011070875, said short plats lying within the southwest quarter of Section 32, Township 22 North, Range 5 East, W.M., in King County, Washington. EXHIBIT. CiE 2oFZ May 16, 1994 CITY OF KE`•F Washington State Boundary Review 'Bwrd Fo Wjin, grGo j Central Building, Suite 608, 810 3rd Avenue, Seattle, WA 98104-1693 (206) 296-6800 TO: THE HONORABLE CITY COUNCIL CITY OF KENT FROM: ALDA H. WILKINSON, Executive Secretary IN RE: CLOSING LETTER FILE NO. 1858 - CITY OF KENT - RAMSTEAD ANNEXATION You have been advised that the above file was filed effective March 17, 1994. The Board has received no request for review as specified in RCW 36.93. Therefore, the 45 -day filing period having elapsed, this notice is hereby deemed approved as of May 12, 1994. Sewer and water district proposals and some other actions are also subject to approval by the County Council. If there are changes by the Council, the Board may be required to hold a public hearing at that time. In order for the proposed action to be finalized, it is necessary that you complete the other statutory requirements or procedures specified in your Notice of Intention. Where required, please file one certified copy of your final resolution or ordinance accomplishing this action with the Council Administration, Room 402 King County Courthouse, Seattle, Washington 98104, ATTN: Ms. Donna Dimof, together with a copy of this letter. ,mWr,c CC: Council Administration, ATTN: Donna Dimof Craig Larsen, Acting Director, Parks, Planning & Resources Department, ATTN: Jim Reid, Manager, Planning Division K.C. Department of Public Works, ATTN: William Vlcek K.C. Department of Assessments, ATTN: Diane Murdock Manager, Division of Records and Elections, ATTN: Bob Bruce, Elections Superintendent King County "911" Program Q\da vomi\=3 EXHIBIT C DEPARTMENT OF PUBLIC WORKS JUNE 21, 1994 TO: Mayor & City Cou cil FROM: Don wickstro� RE: ,East Hill Annexation (aka Ramstead Annexation) Action of the Ordinance before you is that last step necessary for completion of the annexation process. Once passed, the above referenced area would officially become part of the City on July 1st. As denoted on the attached maps, the annexation is located in the southeasterly corner of the City and encompasses approximately 594 acres which is equivalent to approximately 1 square mile. It is within the City's annexation boundaries as established by Council and is within the County's urban growth area proposed for the City. It has an assessed value of $68,928,209 and an estimated population of 1,540. It is zoned predominately single family residential under the County's Land Use Plan and is anticipated to remain similarly zoned, once annexed based on the City's East Hill Comprehensive Land Use Plan. It is presently serviced by City sewer and water and the drainage therefrom predominately flows into Mill Creek. Fire service is provided by Fire District #37. The estimated fiscal impact is a deficit $42,994 per year based on an estimated expense of $441,164 and an estimated revenue of $398,170. The fiscal impact to the residences as shown in the attached Table is a $13.21 savings. It is recommended that the annexation ordinance be adopted. PROPOSED EAST HILL ANNEXATION VICINITY MAP EXISTING CITY LIMITS NORTH NOR0 NOTES ''--'-Ty LINES 8H0nm ARE APPKO*w«TE KENT CITY L|mTS AS SHADED AREA PROPERPROPOSED TABLE 2 PAGE 34 f��)��CO\IRlate Tax Comi)al-lsl)ll i�Ov Anne\a(1011 1993 Levy Fates Property Taxes: State County Co. Road District City Regular Levy City Voted Excess Levy G O Bonds Fie District #37 Library Hospital Kent School District #415 Port of Seattle EMS Flood Total Property Taxes "'Property Tax Example: For $100,000 Home City County City Tax Total Total Difference 3.301 3.301 0 2.14039 2.14039 0 Electricity/Natural Gas 1.47678 (1.47678) 2.56714 0 0 2.56714 0.49537 186.36 0.49537 1.18441 (1.18441) Phone 0.56134 (0.56134) 0.16238 0.16238 0 5.00877 5.00877 0 0.30518 0.30518 0 0.23942 0.239^^-.2 0 0.04373 0.04373 0 14.26338 14.4234 (0.16002) $1,426.34 $1,442.34 $(16.00) Total Property Tax, Utility Tax & Other $1,516.13 $1529.34 $(13.21) Yearly Avg City Tax City Total County Total Difference Utility Taxes: Billing Rate Electricity/Natural Gas $924.00 0.035 2.34 $3 6 52 0 0 $32.34 6.52 186.36 0.035 0 Phone 115.32 Water 230.40 0 Sewer 27.00 0 0 7.02 Drainage 108.00 0.065 7.02 Garbage Total Avg Utility $1591.08 $45.88 0 $45.88 City County Total Total Difference Due to Annexation: (32.89) (32.89) Reduction in Water Rates 54.00 54.00 Drainage Utility Charge 87.00 (87.00) Surface Water Management Fee 22.80 - 22,80 Street Utility 43.91 87.00 (43.09) Total Due to Annexation Total Property Tax, Utility Tax & Other $1,516.13 $1529.34 $(13.21) M CONSENT CALENDAR City Council Action: Councilmember Wn" moves3, so Goin-i'_m--h"r sethat Consent Calendar Items A through be approved, Discussion Action �- 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of June 7, 1994. Council Agenda Item No. 3 A -B r, 3B. Approval of Bills. Approval of payment of the bills received through May 31, 1994 1 and paid on May 31, 1994, after auditing by the Operations Committee on June 8, 1994. Approval of checks issued for vouchers: Date Check Numbers Amount 5/17/94 - 5/31/94 143283-143830 $1,517,224.68 Date Check Numbers Amount 6/5/94 Checks 195113-195526 $ 263,602.21 Advices 15526-15899 402,488.72 $ 666,090.93 Council Agenda Item No. 3 A -B Kent, Washington June 7, 1994 Regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor White. Present: Councilmembers Bennett, Clark, Houser, Mann, Orr and Woods, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Fire Chief Angelo, Police Chief Crawford, Parks Director Hodgson, Human Resources Division Manager Viseth, and Governmental Affairs Division Manager Martin. Councilmember Johnson was excused from the meeting. Approxi- mately 75 people were at the meeting. PUBLIC oath of office. Police Chief Crawford intro - COMMUNICATIONS duced new Police Officers Derek Von Kammerzell and Thomas L. Hankins. The Officers were then sworn in by the City Clerk, and presented with their badges by the Mayor. Bob Bradley Day. Police Officer Bob Bradley was called forward and presented with a pro- clamation declaring June 9, 1994, as Bob Bradley Day in the City of Kent. The Mayor noted that Officer Bradley has been Kent's D.A.R.E. officer and has done a great job for the City and for the students. He noted that Bradley is retiring as the D.A.R.E. officer and will serve in other ways in the Police Department. Employee of the Month. Mayor White noted that Rosalie Givens, of the Central Services Divi- sion, has been selected as Employee of the Month for June. He noted that she is dedicated to helping other people, learning new tasks, and taking on new challenges. He added that she volunteers many hours for City programs such as the Balloon Classic and Canterbury Faire, as well as the Wellness Program and the Special Pops Resource Center. Division Manager Charlie Lindsey commended her for her can -do attitude and helpfulness. Flag Day. Mayor White read a proclamation noting that Pause For The Pledge of Allegiance is part of the celebration of National Flag Day throughout the nation and urged all citizens of Kent to pause at 7:00 p.m. EDT on June 14th and join all Americans in reciting the Pledge of Allegiance to our Flag and Nation. city of Yanghou. The Mayor announced that an agreement with the City of Yangzhou, China was signed on June 6, 1994, calling for the 1 June 7, 1994 PUBLIC promotion of economic development, trade, COMMUNICATIONS cultural exchanges and business negotiations between the cities. He noted that the agree- ment also encourages an exchange of students between the school systems and a voluntary exchange of City personnel. Parks Department Comprehensive Plan Update. Parks Director Hodgson noted that in order for the Parks Department to be approved for grants through the State Interagency For Outdoor Recreation, their Comprehensive Plan must be adopted and submitted by July 1, 1994. He explained that staff has been working with Beckwith & Associations for several months and that the Parks Committee examined and approved the plan earlier today. He stated that the Parks Department Comprehensive Plan can be amended as the City proceeds through the Capital Facilities Plan, and that the only item which could not be changed is the proposal sub- mitted by the Public Works Department for the lagoon project in the amount of $500,000. He introduced Tom Beckwith, who explained that the Executive Summary which was provided to the Council is a draft outline of a forecast of needs for next six years, and noted that the final document will be ready for the Council meeting of June 21. Regional Justice Center Update. Wendy Keller, Project Director, noted that Howard Manu- facturing has moved off the site, that the pentatank has been removed, and that asbestos removal has begun. She stated that demolition bid documents will be done next and that demo- lition is scheduled to begin the 1st of August. She also noted that the staffing plan will be completed in October and design documents will be finished the end of December. She noted that the Citizens and Business Advisory Group will meet on June 8th regarding potential impacts to South King County human resources and invited interested persons to attend. Keller stated that they have met with the Kent School District regarding carpeting and ex- pressed appreciation for their help. She noted that urban design review has been completed, and that artists are now doing conceptual presentations. 2 June 7, 1994 PUBLIC ADDED PUBLIC COMMUNICATIONS ITEM lE COMMUNICATIONS Stratford Arms and Colonial Square Sewage Flooding. Council President Woods noted re- ceipt of a letter and packet from Paul Morford, Partner, SDM Properties regarding the Stratford Arms and Colonial Square sewage flooding. She read the letter aloud and MOVED that the letter and packet be made a part of the public record. Orr seconded and the motion carried. ADDED PUBLIC COMMUNICATIONS ITEM 1F Board of Adjustment. Councilmember Orr noted that the Council voted three weeks ago to dis- solve the Board of Adjustment and explained the background of the issue. She said that she just learned that the Board of Adjustment mem- bers were not told of the action and that they read about it in the newspaper. She voiced concern about the lack of communication, noting that she would have informed Boardmembers if she had been aware that they had not been con- tacted. She apologized to the Boardmembers and requested that in the future notice of similar kinds of actions be given to all affected parties. She then thanked the Boardmembers for their past work. CONSENT WOODS MOVED that Consent Calendar Items A CALENDAR through K be approved, with the exception of Items C, D & E which were removed by Council - members. Orr seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of May 17, 1994, and the special meeting of May 24, 1994. WATER (BIDS - ITEM 5A) James Street Water Main Replacement. Bid opening for this project was held on June 1st with nine bids received. The low bid was submitted by Lloyd Enterprises, Inc. in the amount of $466,663.76. The Engineer's estimate was $475,112.70. The project consists of the installation of a new water main, storm sewer, water service lines and temporary erosion/ sedimentation control provisions. 3 June 7, 1994 WATER The Public Works Director has recommended that this bid be accepted and the contract awarded to Lloyd Enterprises, Inc., in the amount of $466,663.76. MANN SO MOVED. Houser seconded and the motion carried. SEWER (OTHER BUSINESS - ITEM 4B) (ADDED ITEM) Stratford Arms and Colonial Square Apartments Sewage Flooding. Tom Sharp, 11126 SE 256th, distributed copies of, and read into the re- cord, a letter from Paul Morford, Partner, SDM Properties, dated June 7, 1994, regarding immediate action to correct conditions causing raw sewage backups at the Stratford Arms and Colonial Square Apartments. Sharp noted that he had written a letter dated March 25th con- cerning their agreement with the staff for an interim solution, and that they agreed to let the City come onto their property to put check valves in. He noted that another interim solution was to put a main down 256th. He said that this is an urgent matter concerning the health, safety and welfare of Kent residents. He added that they must do something for their tenants, and their only recourse is through the Council since they have been unable to get action from staff. He pointed out that the apartments were built before all the current development, and that they hope to avoid taking drastic action which would affect everyone east of the area. He stated that the sewage line is over capacity and urged the Council to take action. City Attorney Lubovich noted for Mann that this item was added to the executive session and that action is expected. Sharp said that they are not contemplating litigation at this time and that he does not understand why their pro- perty would be discussed in executive session. He explained that the easement item is separate from this item; Lubovich agreed that they are two separate items. Mann expressed the desire to address the issue, and White explained that this is a complicated issue and that the liti- gation involved is with another sewer district, which will be explained during the executive session. Woods noted that the Council will be 4 June 7, 1994 SEWER better prepared to discuss this after the executive session, where more information will be made available. SOLID WASTE (OTHER BUSINESS - ITEM 4A) Addendum to Garbage Contract. Staff has nego- tiated with representatives of Kent Disposal on the addendum to the garbage contract necessary to implement the garbage rate increase approved by Council. McFall noted that the rate increase is re- troactive to January 1, 1994, and that the difference for January through June would be spread over a 24 -month period and would not be built into the base rate. MANN MOVED that the Addendum to the Solid Waste Collection and Disposal Contract between the City of Kent and Kent Meridian Disposal be approved and that the Mayor be authorized to sign said addendum. Houser seconded and the motion carried. ANNEXATION (CONSENT CALENDAR - ITEM 3F) Ramstead/East Hill Annexation. AUTHORIZATION to set June 21st as the public hearing date on the Ramstead/East Hill Annexation. The City has received Boundary Review Board approval to proceed with the annexation. CURFEW (PUBLIC HEARING - ITEM 2A) Curfew/Parental Responsibility Ordinance. This date has been set for a public hearing on an ordinance which would prohibit juveniles 15 years of age or younger in public places in the City of Kent between the hours of 12 midnight through 6 a.m. each day. City Attorney Lubovich noted that in 1973 the Washington State Supreme Court ruled that the Seattle juvenile curfew ordinance was uncon- stitutional but that did not eliminate the possibility of a curfew ordinance. He ex- plained the Court's ruling, and noted that the 5th Circuit Court of Appeals recently upheld the City of Dallas' curfew ordinance. He added that on June 1, the U.S. Supreme Court denied review of the Dallas case. He pointed out that the Washington Supreme Court could reach a dif- ferent conclusion under its review of a similar local ordinance. 5 June 7, 1994 CURFEW Lubovich stated that the proposed ordinance was drafted with a conservative approach in an attempt to minimize potential constitutional challenges and, as a result, it lacks some of the teeth that would be desired in a curfew ordinance. He recommended that the ordinance attempt to define problem areas in the City and apply only to those areas. He noted that the proposed ordinance is modeled after Bellingham's recently adopted ordinance and that Bellingham's ordinance was recently found unconstitutional by a juvenile court commis- sioner. He added that that decision has been appealed by the County and the City of Bellingham. Lubovich outlined the proposed ordinance as follows: • The ordinance is a curfew and parental responsibility ordinance. It applies to juveniles 15 years of age or younger. • The curfew hours are 12 o'clock midnight through 6 a.m. each day. • It is not in violation for a juvenile to be in a public place between the hours of 12 and 6 a.m. if a: 1. juvenile is accompanied by a parent, guardian or adult person having custody; 2. juvenile is traveling to or from an official school, political, religious or recreational activity; 3. juvenile is on an errand at the direc- tion of a parent, guardian or other adult person having custody; 4. juvenile is engaged in lawful employ- ment or traveling to or from such place of employment; C. CURFEW June 7, 1994 5. juvenile is in a motor vehicle engaged in interstate travel; 6. juvenile is on the sidewalk of his or her legal residence or next door neighbor; 7. juvenile is involved in emergency situation; S. juvenile is exercising First Amendment rights. An officer may stop and question a juvenile for his or her name, address, parents' name, and nature of his or her business in a public place. Upon a violation, the officer may direct the juvenile to proceed home or offer to transport the juvenile home. If the officer believes that the juvenile is in danger, pursuant to RCW 13.32A, the officer may take the juvenile into custody and deliver or arrange to deliver the juvenile to his or her home or, if not to his or her home, to an extended family member, to a residential crisis center, or to another responsible adult under certain circumstances. Upon a first violation by the juvenile, a warning shall be sent to the parent, guardian or adult person having custody. Upon a second or subsequent violation, a citation may be issued to the parent, guardian or other adult person. A citation may also be issued to a juvenile for a second or subsequent violation. A monetary penalty for a violation is $150.00. Upon receipt of a citation, either pay the assessment, matter in municipal court, or participate or volunteer 7 a person may contest the or take a class in a program or June 7, 1994 CURFEW perform community service as may be pre - approved by the Human Services Commission at his or her cost and established for this purpose. It shall be a defense to a parent, guardian or other adult person having care, custody and control of a juvenile that he or she had no reasonable control over the juvenile's actions which provide for the violation. Pursuant to RCW Chapter 7.80, failure to respond to a citation is a misdemeanor. This ordinance expires 240 days from the effective date unless extended by City Council. Upon Woods' question, Lubovich responded that he is not aware that the Human Services Commis- sion had been contacted about this ordinance. Woods stated that she feels it may not be appropriate for the Human Services Commission to perform that activity, and urged Council - members to take that into consideration. The Mayor opened the public hearing. Mand Silverman, 25329 121st Place SE, said that violence is a problem but that a curfew is not the way to solve it. She said there should be a place for kids to hang out, and expressed concern for homeless children. Reverend Bill Carleton, 10201 SE 270th Place, said there is a need for adults and kids to work together on this problem and said there are things adults could do in the way of programs. James Cobb, 226 Titusville Alley, said the curfew is censorship and he is against it. He suggested that the young people be introduced to music, video, art and so forth. Jennifer Stokesberry, 6329 S. 251st Street, noted that although she is 17, she looks much younger, and expressed fear that the curfew could cause harassment to people who may be stopped by an officer because they appear to be under 15. Tim Hees, 731 5th Avenue South, noted that when he was young there was a curfew which did not stop kids from being out. He said a curfew would tie up 0 June 7, 1994 CURFEW Police time which could be spent dealing with other things. He noted that there are many homeless children under 16 living in the woods in Kent, who will have to hide from the Police if there is a curfew. Jack Cosby, 525 Van de Vanter, noted that the City and the Kent School District have long worked together to benefit the citizens. He agreed that the curfew is not the answer and that the things volunteers from the City, the School District and the Parks Department can bring to the community, such as music and sports, will make Kent a great city. There were no further comments from the audience and WOODS MOVED to close the public hearing. Houser seconded and the motion carried. Bennett asked that this item be placed on the Council agenda for June 21, 1994, for action. Mayor White also urged the Council to take action at that time. COUNCIL (CONSENT CALENDAR - ITEM 3K) (ADDED BY COUNCIL PRESIDENT WOODS) Council Absence. APPROVAL of an excused absence for Councilmember Johnson who was unable to attend tonight's meeting. PARKS (CONSENT CALENDAR - ITEM 3C) (REMOVED BY COUNCILMEMBER HOUSER) Riverbend Proposed 1994 Greens Fee Schedule. Approval of the proposed Green Fee Schedule, effective July 15, 1994, was recommended by the Parks Committee at its April 5, 1994 meeting. This proposal follows the staff recommended fee increase schedule, but the Parks Committee added a special discount for City residents. The discount is $.50 below 1993 greens fee rates. Houser noted that this was discussed again by the Parks Committee today who recommended that the fees be increased effective July 15th, but that the reduced fee for residents of the City be delayed until January 1st. She explained that the increase will provide funding for capital improvements such as mowers. SHE THEN MOVED to adopt the proposed rate increase effective July 15, 1994, and delay a reduced 9 June 7, 1994 PARKS resident fee until January 1, 1995, by which time staff will have developed an implementa- tion process for a resident fee. Woods seconded and the motion carried. (CONSENT CALENDAR - ITEM 3E) (REMOVED BY COUNCILMEMBER HOUSER) Director of Golf. Houser noted that this item, approval of the appointment of Thomas Sovay as Director of Golf at Riverbend Golf Complex, was discussed at the Parks Committee meeting this date, and that Mr. Sovay was unanimously selected. She introduced Mr. Sovay and noted that his credentials are impeccable. SHE THEN MOVED to approve the appointment of Thomas Sovay as Director of Golf at Riverbend Golf Complex. Bennett seconded an the motion carried. CITY HALL (CONSENT CALENDAR - ITEM 3D) (REMOVED BY COUNCILMEMBER BENNETT) City Hall Remodel - Change order and Budget Change. Approval of funding is requested for the final two change orders for the City Hall Remodel Project. This includes $9,500 for miscellaneous chiller and lighting adjustments, $237,225 for completion of heating and elec- trical modifications, as well as removing old offices and adding new offices as appropriate on the first, second and third floors of the north wing of City Hall. Bennett noted that two years ago the estimated cost to upgrade the mechanical system was $300,000, and that last fall the cost increased to $750,000 because the system could not be adapted. He said he had voted against it at that time because there was no plan set forth. He noted that there is now a $237,000 change order before the Council, that the work has already been done, and that he is opposed to that process. WOODS MOVED to approve the change order and budget change on the City Hall Remodel, Item 3D. Houser seconded. White commented that this is one of the items the new administration is attempting to finish up. Orr agreed with Bennett regarding the process, and noted that this also came to the Operations 10 June 7, 1994 CITY HALL Committee after the fact. She added that since the work has been done, the bill must be paid, but it would have been nice to know in advance of the cost overrun. The motion to approve the City Hall Remodel Change Order and Budget Change then carried. HUMAN RESOURCES (CONSENT CALENDAR - ITEM 3G) Voluntary Retirement Incentive Program. AUTHORIZATION to offer eligible employees a monetary incentive for electing to retire within a specific time period, as requested by the Human Resources Division. (CONSENT CALENDAR - ITEM 3H) Safety Awards and Safety Incentive_ Program• AUTHORIZATION to approve the Safety Awards and Incentive Program by the Operations Committee. The City's Risk Manager has been looking for several years for a Safety Awards Program that can be administered fairly throughout the City, and has recommended the program. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through May 16, 1994 and paid on May 31, 1994, after auditing by the Operations Committee on May 25, 1994. Approval of checks issued for vouchers: Date Check Numbers Amount 5/1/94-5/16/94 142775-143282 $1,995,843.95 Date Check Numbers Amount 5/20/94 Checks 194697-195112 $ 272,710.33 5/20/94 Advices 15145-15525 424,090.07 $ 696,800.40 (CONSENT CALENDAR - ITEM 3I) Extension of Banking Contract. AUTHORIZATION to extend the bank service contract for the second one-year term extension, as allowed by the contract. U.S. Bank has agreed to continue the low rates currently offered. During a Treasurer's Conference the Finance Manager attended last April, it was discovered that U.S. Bank has very competitive rates and is becoming the low bidder for most recent banking bids. 11 June 7, 1994 FINANCE (CONSENT CALENDAR - ITEM 3J) City Shops Rewiring. AUTHORIZATION to esta- blish a $25,000 budget to rewire the city shops offices for electrical to provide dedicated circuits for computers. Productivity has been lost because of computers downtime caused by circuits being overloaded because they are on the same circuits as air conditioners, vending machines and various other equipment. REPORTS Council President. Woods noted that Public Works Director Wickstrom has provided copies of a resolution regarding transportation funding which is being considered at the A.W.C. Conven- tion in Spokane, and asked Councilmembers who are attending to review it. Woods thanked Charlie Lindsey and his crew for their work on the new Council dais, and noted that it is very nice. Operations Committee. Houser noted that the Operations Committee will meet tomorrow morning at 9:30 a.m. Public Safety Committee. Bennett noted that a citizen had suggested to him that a bench be placed in one of the gardens, and that he spoke with Public Works about it. He commended Don Millett and Mike Pulliam for their quick and efficient action. EXECUTIVE At 8:20 p.m., White announced an executive SESSION session of approximately thirty minutes. The meeting reconvened at 9:00 p.m. Labor Negotiations. BENNETT MOVED to authorize the Mayor to enter into a contract with the Kent Police Guild. Houser seconded and the motion carried. Property Sale and Acquisition. City Attorney Lubovich noted that during the executive session some property acquisition and easement issues which affect the Colony Park Apartments were discussed. He noted receipt of a letter from Merrill Gerstel on a proposal for the property and easement issue to acquire a 12 June 7, 1994 EXECUTIVE portion of a piece of property from the city SESSION and to obtain some easements in return for com- pensation and so forth. He suggested a motion to accept into the record a letter dated June 6, 1994, from Merrill Gerstel along with the accompanying site plan, and further to accept Mr. Gerstel's proposal to sell him for $1,000 approximately 2400 sq. ft. of property bordering the east boundary of his property, the Colony Park Condominiums, which adjoin the Riverbend Driving Range, and to grant to Mr. Gerstel easements on the north and south ends of the property as set forth in the site plan solely and limited for the purpose of vehicle turn -around and parking for the condo- minium complex during the duration of it's current use as apartments or condominiums, and that in exchange Mr. Gerstel will grant the city a right of first refusal to purchase the apartment complex property, and further that City Administration is hereby authorized to execute any and all documents necessary to finalize the transaction and that the passage of this motion does not in any way grant or guarantee Mr. Gerstel any permit or variance that may be needed for the construction of carports as noted in his letter. HOUSER SO MOVED. Woods seconded. Motion carried. Potential Litigation. Public Works Director Wickstrom displayed a map showing the Cascade Sewer Interceptor which is a joint line used by Soos Creek Sewer and Water District and the City of Kent. He noted that as one of the first steps to try to resolve an overflow pro- blem at Stratford Arms and Colonial Square Apartments, he would propose to construct a temporary bypass down 256th connecting into the sewer system at 109th. He noted that the cost will be approximately $250,000, and that it should provide some temporary relief to the overflow problems. Wickstrom noted that they chose not to put in check valves because that would cause more problems. He noted that an interlocal Memorandum of Understanding has been prepared, as well as a resolution to take emer- gency actions to put in the temporary bypass. He explained that long -terms solutions may involve a force main and other trunk work to 13 June 7, 1994 EXECUTIVE regain the original capacity which would SESSION tie into the system at 264th and 108th. Wickstrom noted for Houser that the main line on 256th should be under construction within two weeks and could then be completed within 30 days. Lubovich noted that the flapper valve system was deemed to be not workable which is the reason it was not installed, and that that was conveyed to SDM. Bill Dinsdale of SDM Properties, 13700 SE 266th, said he had been told two days ago that the concept of putting the line down 256th had been abandoned and that a line down 116th was being considered. He expressed concern that three months has gone by and nothing has happened, and said it is critical that the city commit to taking this action within a parti- cular time frame and abide by it. MANN MOVED to adopt Resolution No. 1390 relat- ing to the correction of a backup problem in a portion of the city sewer system in the vicin- ity of S.E. 256th Street and 116th Avenue S.E., finding that an emergency exists and requiring the immediate construction of a bypass to pro- vide short-term relief by diverting a portion of the city's sewer system away from that portion of the system affected by this problem. Woods seconded. Bennett urged that the dead- lines be met, and Orr noted that the City will do all in its power to remedy the situation. The motion to adopt Resolution No. 1390 then carried. Assistant City Attorney Brubaker explained that the Memorandum of Understanding between the Soos Creek Water and Sewer District and the City establishes a future working policy to remedy this problem on an immediate basis, on a long-term basis, and to address future regional needs. WOODS MOVED for the approval of the Memorandum of Understanding. Clark seconded. Lubovich suggested that the Mayor be authorized to sign the Memorandum of Understanding between the City and the Soos Creek Water and Sewer District after final approval from the City's Public Works Director and City Attorney 14 June 7, 1994 EXECUTIVE following review of any amendments by the Soos SESSION Creek Water and Sewer District. WOODS SO MOVED. Clark seconded and the motion carried. The meeting adjourned at 9:15 p.m. a_(-,� Brenda Jac er CMC City Cler 15 t Kent City Council Meeting Date June 21. 1994 Category Consent Calendar 1. SUBJECT: 45TH PLACE SOUTH STREET VACATION - RESOLUTION SETTING HEARING DATE 2. SUMMARY ST TEMENT: s recommended by the Public Works Director,uthorization to adopt Resolution 0,471 establishing August 2, 1 94 as the hearing date for the 45th Place Street Vacation. 3. EXHIBITS: Public Works Director memo, vicinity map, Resolution 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. 3 VA UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember, DISCUSSION: ACTION: econds Council Agenda Item No. 3C DEPARTMENT OF PUBLIC WORKS June 21, 1994 TO: Mayor & City Coun it FROM: Don Wickstrom RE: 45th Place Street Vacation This application is a resubmittal of street vacation application STV -93-2, for which the approval has lapsed. Mardel Investment Company, has resubmitted the petition and as such, it is the recommendation of the Public Works Director that a public hearing be set for August 2nd on this street vacation. KMIDWAY \aINTERCHANGE VIN's I DWAY I 116 15 21 22 » GREEN R/y X14 23 s 250TH s 242NDi ST •` ice. ?; g q` p. (� S 2 IST ST st » rn ` PL S 252N 1 S 252ND E n 243RD Y 52ND = S ST opt ST a5 2522NO i PL VS S 52NDp g Xon ST W J a W » � » S < o 1 S 1x- « a a 54 1?li 9t t ~ 4 r h 2 TH am 5255TH S 256TH ST ST Y WAFiHINGTON 245TH Cr x x NATIONAL 246 W 6 _ >` n n n GUARD 27 26 Cr n 5 '^ '^ ARMORY c T PL » ST UNDA 6UNNYCREST 24 p nLNnt v µ ELEMENTARY S 269 �S 7 t•AHK �~•;+. t. S 5CMOOLrE 24 7.j r,.e :i.�ti: 24 ST 'K :� l s 24dTH ST I Q1. 29�q S 249TH < ST < - 1� L.: i• t 'L�!.,,\-r- •-lC�•:. •. ,; 3 r�S J f t63" ST Fublic Buit Lsu,.Ch ` b d 6t LN -kVr CT Wflitf 11 N N » GREEN R/y X14 23 ti.T.S. '—Ok Colony Park Golf Course 516 s 250TH sT of "'N f: ice. ?; L W A s 2 251 PROJECT LOCATION q` p. (� S 2 IST ST st » rn ` PL S 252N 1 S 252ND S 52ND = S ST opt ST a5 2522NO i PL VS S 52NDp g Xon 1 J'Ac » ST Rp d 3380 PL 253RD "sr » S n 2 i sz 5T o 1 S 1x- « a a 54 1?li 9t t ~ 4 r h G 5255TH S 256TH ST 3 255TH ST Ls--2MTK— ST22 a_ n ~= 111, F Q 5236 H W 6 _ >` s CT .'` 27 26 n 5 523 W ` c T PL » th µ S 269 » �~•;+. t. ' ' 260 r,.e :i.�ti: ST 'K SIMS l °� FF. ?'N If.-•.j....':)j%1::,- b 261ST t•A ttK 262ND ST fT i L.: i• t 'L�!.,,\-r- •-lC�•:. •. ,; ,q W b 46 ,D r f t63" ST Fublic Buit Lsu,.Ch ` 2 i 6t LN -kVr CT Wflitf 11 N N s ERstr Rett/Utii, i {� are.lT�y aW -- J a. •. _ Cr ti.T.S. '—Ok Colony Park Golf Course 516 piWPOSED STRI?ET VACA'HON 1,01:'1'ION OF 45'fll PLACE S. JUS 2 91993 r CITYOF KENT `, RESOLUTION #1364.(#STV-93-2) CITY CLERK ` , I I I I 8 9.1U'29'• E' t S L ------30.0----- �1 I �1U' Sr RM DR not vE�1 n1 I —� ;Ido CUli9 - Z•t].1— — -- — ----- 1 S I — � I — — — I � I I O Ln 7. I - I C� I � eza�c+c•rr-•r :- , r 0 ul ci C s c' m to L y1 c � � u v I I n \ \ \y \ kn.I 2 5.17 �� \ RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, regarding the vacation of a portion of 45th Place South as petitioned for by the applicant, Mardel Investment Company, owner of property abutting said street sought to be vacated, and setting a public hearing on the proposed street vacation for August 2, 1994. WHEREAS, a proper petition has been filed by Mardel Investment Company, owner of property abutting portions of 45th Place South, to vacate a portion thereof to accommodate the construction of a single family residence and a hammerhead turnaround; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. A public hearing on the street vacation petition (attached hereto with related documents as Exhibit A and incorporated herein by this reference) shall be held at a regular meeting of the Kent City Council at 7 o'clock p.m., Tuesday, August 2, 1994, in the Council Chambers of City Hall located at 220 Fourth Avenue South, Kent, Washington 98032. Section 2. The City Clerk shall give proper notice of hearing and cause the notice to be posted as provided by law. Section 3. The Planning Director shall obtain the necessary approval or rejection or other information from the Public Works Department and other appropriate departments, and shall transmit information to the Council so that the Council may consider the matter at its regularly scheduled meeting on August 2, 1994. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of , 1994. Concurred in by the Mayor of the City of Kent, this day of , 1994. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. , passed by the City Council of the City of Kent, Washington, the day of , 1994. vacate.res (SEAL) BRENDA JACOBER, CITY CLERK 2 MAIL To: APPLICANT: Gerald n. McCaughan' Name: MARVIN LAUKALA CITY OF KENT 220 So. 4th Ave. Address:j:VQRn}wri- fl_ Sai2dwir•k Kent, IIA 90032 4,Q4 West Titus St., Kent, NA. 98032 _Phone: -(206) 354-8118 STREET AILD/OR ALLEY VACATION APPLICATION AND PETITION E X N iBI T .A.. Dear Mayor and Kent City Council We, the undersigned abutting property dtaners, hereby respectfully request that J certain right Of way hereby.be vacated. (General Location) --Legal Description That .portion of .45th Place South right-of-way lying east of a line commencing at the Northwest corner of Lot 6, Block 1, Pierce's First Addition according to the plat thereof recorded in Volume 65 of Plats, page 75, Records of King County, Washington and descrived as follows: Beginning at said Northwest corner of said Lot 6; thence a distance of 110.79 feet, more or less, to the Southwest corner of said Lot 6 and the terminus of said described line; comprising an area of 1703.25 square feet. BRIEF STATEMENT 14I1Y VACATION IS BEING SOUGHT This application is supplemental to street vacation application STV -93-2,. the approval of which has lapsed. That application was pared with concurrent variances and has lapsed. Reapproval is being sought. -F - r Sufficient proof, copy of deed contract etc. supported by King County Tax Polls shall be submitted for verification of signatures. Without these a "CURRENT" title report shall be required. When Corporations, Partnerships etc. are being signed for, then proof of individual's authority to sign for same shall also be submitted. Attach a color coded map of a scale of not less than 1" = 200' of the area sought for vacation. (NOTE) Map must correspond oiith legal description. ABUTTING PROPERTY OWNERS _ TAX LOT N SIGNATURES AND ADDRESSES LOT, BLOCK & PLAT/SEC. TWN. RG MARVIN LAUKALA PRES. v MARDEL INVESTMENT' COMPANY 5150.00 Fee Paid � Treasurer's Receipt No. Appraisal Fee Paid Treasurer's Receipt No. Land Value Paid Treasurer's Receipt 11o. Deed Accepted Date Trade Accepted Date 5224-33A Geral d B. MCC 1 Iln h (;=,�Ilaule Kir Dcl csUncnL- Ccmptu1y CITY OF KENT I'J l5IILII JIIjN 220 So.,4th Ave, ddress: c/o MUERr D. &- DF rICK Kent, WA 90032 JUhi 2 9 1993 404 W. TitUS, Ken L-, WTD. 90032 CITY OF KENT Phone CITY CLERK (206) 054-0110 STREET AIID/OR ALLEY VACATIOFI APPLICATION AMID PETITIOII Dear Mayor and rent City Council: We, the undersigned abutting property o,mers, hereby respectfully request that certain right of ,ray hereby be vacated. (General Location) Legal Description That portion of 45th Place South right-of-way lying cast of a line cc -- cirg at the Northwest corner of Lot 6, Block 1, Pierce's First Addition according to the plat thereof recorded in Volume 65 of. Plats, page 75, Records of King County, washing -ton and described as follors: Beginning at said Northwest corner of said Lot G; thence a distance of 110.79 feet, more or less, to the Southwest corner of said Lot 6 and the. terminus of said described line; c=rising an area of 1703.25 square feet. BRIEF STATEMEIIT WHY VACATION IS DEIHG SOUGHT �t G) Determination has tr n made t_v the City of Kent during i- street improver.ents that the portico of 45th Place South fon<tlich vacation is sought, is no lccger necessary for public right -of -•:.ay. (See site Plan.) Sufficient proof, copy of deed contract etc. supported by King County Tax Rolls shall be submitted for verification of signatures. Without these a "CURRENT" title report shall be required. When Corporations, Partnerships etc. are being signed for, then proof of individual's authority to sign for same shall also be submitted. Attach a color coded map of a scale of not less than 1" = 200' of the area sought for vacation. (NOTE) Map must correspond with legal description. ABUTTIIIG PROPERTY OWNERS SIGIlATURES AND ADDRESSES TAX LOT # LOT, BLOCK S PLAT/SEC. TWIT. RG $150.00 Fee, Paid Appraisal Fee Paid Land Value Paid Deed Accepted Trade Accepted 522.1-33A ireasurer's Receipt Ilo. Trcann•cr's Rcccipt Ilo. . ll-casurerIs Receipt Ilo. Date. Date EXHIBIT 6 I u: API'uCMI : Gerald 0. McCaughan Name: Par Del Invenunent Company CITY Of KEIIT 220 So. 4th Ave. Address: C/O ROBEITf D. ShNDWICK Kent, WA 90032 I uJ � Ll9 � � U � D I11f1`W 404 W. Titus, Kent, WA. 98032 J N� CITY OF KENT Phone: (206) 354-8118 CATV C Liz Rl( STREET AND/OR ALLEY -VACATION APPLICATION MD PETITION Dear Mayor and Kent City Council: We, the undersigned abutting property owners, hereby respectfully request that certain right of way hereby be vacated. (General Location) vz Legal Description That portion of 45th Place South right-of-way lying east of a line commencing at the Northwest corner of Lot 6, Block 1, Pierce's First Addition according to the plat thereof recorded in Volume 65 of Plats, page 75, Records of King County, Washington and described as follows: Beginning at said Northwest comer of said Lot 6; thence a distance of 110.79 feet, more or less, to the Southwest corner of said Lot 6 and the terminus of said described line; comprising an area of 1703.25 square feet. BRIEF STATEMENT 1111Y VACATION IS DEING SOUGHT L/U Determination has been made by the City of Kent- during n street improvements that the portion of 45th Place South fonehicil vacation is sought, is no longer necessary for public right--of-way. (sec site plan.) Sufficient proof, copy of deed contract etc. supported by King County Tax Rolls shall be submitted for verification of signatures. Without these a "CURREhIT" title report shall be required. When Corporations, Partnerships etc. are being signed for, then proof of individual's authority to sign for same shall also be submitted. Attach a color coded map of a scale of not less than 1" = 200' of the area sought for vacation. (NOTE) Map must correspond with legal description. ABUTTIIIG PROPERTY OWNERS SIGNATURES AND ADDRESSES TAX LOT N LOT, BLOCK & PLAT/SEC. TMI. RG $150.00 Fee Paid Appraisal Fee Paid Land Value Paid Deed Accepted Trade Accepted 5224-33A Treasurer's Receipt No. Treasurer's Receipt No. Treasurer's Receipt No, Date Date Kent City Council Meeting Date June 21, 1994 Category Consent Calendar 1. SUBJECT: REGULAR PART-TIME BLOCK GRANT FUNDED HUMAN SERVICES PLANNER - APPROVAL AND BUDGET CHANGE ,) a5 �;6 2. SUMMARY STATEMENT: The Office of Housing and Human Services. -ttrs thorizat10 to create a regular part-time Human Services Planner posit�on w' benefits to be funded totally from Block Grant funds)) urrently here is a Block Grant w kiGh funded temporary part-time Human ervices ntern position, Tn _ern z ns t;4, would change to a regular part-time benefitted Human Services Planner. 3. EXHIBITS: Memo 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO, MR SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: : $ 15, Doo YES Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3D . KENT CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM June 14, 1994 TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS FROM: LIN BALL, HUMAN SERVICES MANAGER SUBJECT: CREATION OF REGULAR PART-TIME BLOCK GRANT FUNDED HUMAN HUMAN SERVICES PLANNER We currently have on staff in the Office of Housing and Human Services, a temporary part-time human services intern. This position is funded entirely out of Community Development Block Grant (CDBG) funds. It is important at this time to change this position into a regular part-time position, for the following reasons: 1. This position requires a high level of skill, knowledge and experience, commensurate with a planner position. The person currently in the intern position works at this skill level. 2. This position is responsible for a number of programs in our Department: Block Grant Program (contract development; agency monitoring; grant review and analysis; auditing requirements; bills and voucher reimbursements); Lead Planner on our Homeless partnership project with the churches; Human Services Commission support; Needs Assessment development; Youth at Risk support. This employee is expected to make public presentations and facilitate community meetings. 3. It is difficult to recruit and retain a qualified person at the current temporary intern level. I am asking that the City Council approve the creation of the regular part-time Human Services Planner position as follows: 1. Create the position at the current Human Services Planner, 32 range level, beginning July 1, 1994. This position would replace the current Human Services Intern position. 2. The cost to create this position for the remainder of 1994 (July 1 - December 31) is $15,125. This includes benefits. 3. The position would be paid for entirely out of Community Development Block Grant funds. There is sufficient money in the 1994 CDBG Planning & Administration project to pay for CREATION OF REGULAR PART-TIME BLOCK GRANT FUNDED HUMAN SERVICES PLANNER June 14, 1994 Page 2 this position for the remainder of 1994. There are also adequate funds in the 1995 CDBG Planning and Administration budget to continue to fund this position in 1995. There will be no impact on the general fund budget. I feel that changing this position from a temporary to a regular part-time benefitted position will best serve both the Office of Housing and Human Services and the City as a whole. The Operations Committee considered this request at its June 8, 1994 meeting and unanimously recommended approval to create this position. Requested Action: Approval of the request to create a benefitted regular part-time Human Services Planner position effective July 1, 1994, to be funded with Community Development Block Grant dollars. LB/mp:a:lb#1:Council6.21 CC: James P. Harris, Planning Director Kent City Council Meeting Date June 21, 1994 Category Consent Calendar 1. SUBJECT: DRINKING DRIVER TASK FORCE 2. SUMMARY STATEMENT: Confirmation of the Mayor's reappoint- ment of Senator Adam Smith to continue serving as a member of the Drinking Driver Task Force. Senator Smith's new appoint- ment will continue to 1/1/97. Confirmation of the Mayor's appointment of Gwen Dupress and Kristen Langley to serve as Task Force members. Ms. Dupress will replace Mike Jasper, whose term expired, and Ms. Langley will replace Ed White. Their terms will continue to 1/1/97. 3. EXHIBITS: Memorandum from Mayor White 4. RECOMMENDED BY: Mayor White (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ,/ YES [IF 7. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember, DISCUSSION: ACTION: econds Council Agenda Item No. 3E MEMORANDUM TO: JUDY WOODS, CITY COUNCI EN` CITY COUNCIL MEMBERS FROM: JIM WHITE, MAYOR DATE: JUNE 14, 1994 SUBJECT: REAPPOINTMENT AND APPOINTMENTS TO DRINKING DRIVER TASK FORCE I have recently reappointed Senator Adam Smith to continue serving as a member of the Kent Drinking Driver Task Force. Senator Smith's new term will continue to 1/1/97. I have also appointed Gwen Dupree and Kristen Langley to serve as members of the Drinking Driver Task Force. Ms. Dupree is Assistant Superintendent of Secondary Programs in the Kent School District and is an 18 year resident of Kent. Ms. Dupree will replace Mike Jasper, whose term expired. Her new term will continue to 1/1/97. Ms. Langley is employed as Assistant Transportation Engineer in the City of Kent's Public Works Department and will serve as the transportation department's representative on the Task Force. Ms. Langley will replace Ed White and her new term will continue to 1/1/97. I submit this for your confirmation. JW:jb Kent City Council Meeting Date June 21, 1994 Category Consent Calendar 1. SUBJECT: R PQ* ME* - BOARD OF ADJUSTMENT 2. SUMMARY STATEMENT: Confirmation of the Mayor's ment of Ron Banister as a member of the Kent Board Adjustment. Mr. Banister's new term will continue Ordinance No. 3169, which eliminates the Board of becomes effective. 3. EXHIBITS: Memorandum from Mayor White 4. RECOMMENDED BY: Mayor White (Committee, Staff, Examiner, Commission, etc.) reappoint - of until Adjustment, 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES Im 7 EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3F MEMORANDUM TO: JUDY WOODS, CITY COUNCI RESIDENT''' CITY COUNCIL MEMBERS /J1'jl. amu. FROM: JIM WHITE, MAYOR DATE: JUNE 14, 1994 SUBJECT: REAPPOINTMENT OF RON BANISTER TO KENT BOARD OF ADJUSTMENT I have recently reappointed Ron Banister as a member of the Kent Board of Adjustment. Mr. Banister's new term will continue until Ordinance No. 3169, which eliminates the Board of Adjustment, becomes effective. I submit this for your confirmation. JWJb "1XV-1 Kent City Council Meeting Date June 21, 1994 Category Consent Calendar 1. SUBJECT: COMPREHENSIVE PARK PLAN - ADOPTION 2, SUMMARY STATEMENT: Adoption of the Comprehensive Park Plan as recommended by the Parks Committee on 6/7/94. The adopted plan must be received by the Interagency Commission for Outdoor Recreation (IAC) prior to July 1, 1994, in order for the city to be eligible to receive matching grants. The Public Works Department has submitted a grant application on this funding cycle. 3. EXHIBITS: Draft Comprehensive Parks & Recreation Plan was previously distributed 4. RECOMMENDED BY: Parks Committee (3-0) (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES W 7 EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3G 1 2. 3. 4. l.7 RE 7. Kent City Council Meeting Date June 21, 1994 Category Consent Calendar SUBJECT: GREEN/DUWAMISH WATERSHED ALLIANCE - RESOLUTION SUMMARY STATEMENT: As recommended by the Public Works Committee, *option of Resolution 7 endorsing the goals and objectives of the Green/Duwamish Watershed Alliance. EXHIBITS: Public Works Minutes, Public Works Director memo, Resolution RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: NTQ0U* ►1A Council Agenda Item No. 3H In response to Clark, Wickstrom said we will be widening the road width to 321. Wickstrom said our intent is to straighten the road out and move the S-curve to the north. Clark asked if it was necessary to have sidewalks on both sides of the road. Wickstrom said the amount of savings of not doing both sides is not significant in terms of the assessments. He said that right now, the proposal is to put sidewalks on both sides. After further discussion, the Committee agreed to defer this item to the July 25th Public Works meeting. Green/Duwamish Watershed Alliance Wickstrom explained that this is an alliance with concerns about the Green/Duwamish watershed in that they are essentially trying to protect it. Wickstrom said we are asking that the resolution endorsing the goals of the alliance be forwarded on to Council for adoption. Committee unanimously recommended adoption of the Green/Duwamish Watershed Alliance Resolution. Kingsport Industrial Condemnation ordinance This item was deleted from the agenda due to the absence of the City Attorney. Meeting adjourned at 5:00 p.m. DEPARTMENT OF PUBLIC WORKS NNE 13, 1994 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTROM 1"" RE: GREEN/DUWAMISH WATERSHED ALLIANCE The attached resolution endorses the goals and objectives of the Green/Duwamish Watershed Alliance. We request that this resolution be forwarded on to Council for adoption. ACTION: Recommend that the Green/Duwamish Watershed Alliance Resolution be adopted by Council. RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, endorsing the goals and objectives of the Green/Duwamish Watershed Alliance. WHEREAS, the watershed of the Green and Duwamish Rivers is the largest watershed in King County; and WHEREAS, more than one million people live, work, learn, or play in the lands embraced by this watershed; and WHEREAS, land uses in the watershed include a wide variety of industry, transportation, public services, businesses, forest uses, fishing, recreation, education, and residents; and WHEREAS, the health of these rivers and their watersheds is critical to the economic vitality, natural beauty, and quality of life of King County and the entire Puget Sound region; and WHEREAS, several agencies and private organizations are undertaking major initiatives to assure the clean-up and preservation of this watershed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the City Council supports the efforts of the Green/Duwamish Watershed Alliance to accomplish the following goals and objectives: Goal: Coordinate, develop and implement a common vision for the watershed. Objectives: * Foster and encourage stewardship. * Assure effective exchange of information and use of resources. * Enable broad-based participation in watershed decision-making processes. * Establish a process to coordinate and assure implementation of our common vision. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of , 1994. Concurred in by the Mayor of the City of Kent, this day of , 1994. WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of , 1994. (SEAL) BRENDA JACOBER, CITY CLERK utrshed.res WHAT IS THE GREEN RIVER WATERSHED? A watershed is an area drained by a river and its system of tributary streams. The Green River Watershed, which includes the Duwamish River, encompasses 480 square miles of King County, spanning seven cities and the Muckleshoot Iridian Reservation. The entire basin supports residential, heavyindustry, shipping, agriculture, forestry, recreational and commercial activities. More than 200,000 people live in the watershed and its subbasins. Geographcially, the watershed begins near Stampede Pass in the Cascade Moutains and runs westward through Black Diamond and Auburn, then northward through Kent, Tukwila and South Seattle. THE GREEN/DUWAMISH WATERSHED ALLIANCE The Alliance formed in 1993 to promote awareness, protection and restoration of water quality within the Green River watershed. The membership includes residents and neighborhood groups, tribes, and government agencies, private businesses, schools and environmental groups. The Alliance functions by direction of its executive committee and a committee of the whole, which meet monthly. Activities are organized 7primarily by three subbasin committees. GOALS AND OBJECTIVES The goal of the Green/Duwamish Watershed of a common d Alliestablish a process to coordinate and assure implementation vision for the watershed. The Process will entail these objectives: • foster and encourage stewardship of the watershed • assure effective exchange of information and use of resources along the watershed _ - — • enable broad-based participation in watershed decision-making processes MAJOR ACTIVITIES Leadership Conference In fall, 1994, the Green/Duwamish Watershed Alliance will sponsor a leadership conference to promote a common vision for the watershed. This conference will bring together a broad spectrum of communities that liveand waterways °mand attemptt o evaluate luat thethe or historical influences o current problems and future challenges for the area's water resources. Subbasin Meetings The range of activities that takes place within the Green/Duwamish watershed varies widely. Subbasin work groups address issues relevant to specific parts of the watershed. Three subbasins have been identified: the upper, middle and lower subbasins. The upper subbasin comprises all area upstream of the City of Tacoma's diversion dam and includes the Howard Hanson Dam and reservoir/ Logging is done on public and private lands within the subbasin. The middle subasin is the watershed area west of the City of Tacoma's diversion dam and upstream. of the confluence -of Big Soos Creek and the Green -River. Rapidly developing areas such as Enumclaw and Black Diamond lie within this subbasin. The lower subbasin encompasses much of Auburn, Kent and Tukwila; parts of Renton and Seattle; and the Duwamish and Black rivers. This area is extensively developed and heavily industrialized. CONTACTS - For more information, contact Alliance co-chairs John Beal (206) 762- 3640 or Bob Swartz (206) 684-1713. r: .�\�1•s r,�1�.1�'\ -� *.�,I� �'�\�J f—'rtF! '.S a�. � �a��,� ,i� -. I } I jJ y - � x � 1 •rs .. 7. �' � s �.. 3 I� �J a Kent City Council Meeting Date June 21, 1994 Category Consent Calendar 1. SUBJECT: LANGSTON LANDING - BILL OF SALE 2. SUMMARY ST TEMENT: As recommended by the Public Works Director, thorization to accept the bill of sale and warrant agreement submitted by Alex Cugini, Jr. for continuous maintenance and operation of 143 feet of watermain extension, 608 feet of sanitary sewer extension, 890 feet of street improvements and 1,246 feet of storm sewer improvements and, release of bonds after expiration of the maintenance period. The project is located at 210 Washington Avenue South. 3. EXHIBITS: vicinity map, Public Works Director memo. 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES 6. EXPENDITURE REQUIRED: SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3I DEPARTMENT OF PUBLIC WORKS JUNE 21, 1994 TO: Mayor & City Council FROM: Don Wickstrom 01) RE: Langston Landing - Bill of Sale Alex Cugini, Jr. the developer of Langston Landing has completed the water, sanitary sewer, street and storm sewer improvements for this project. Langston Landing is located at 210 Washington Avenue South. It is the recommendation of the Public Works Director that this Bill of Sale be accepted and bonds released after the one year maintenance period. � h 1,1 f s2zitH rt. '•' 1 � IN /J N > w w = « 1 ST t f , �'^� 22f1T1 ui p � " r 2 y w UJ A N 11 _ INDUSTRIAL AREA � Z r LANDINO ^ WAY F \ n NOVAK L 167 1978 400 a� 1983 popL ATIO 40 > IF Z 1990 POP AT10N - S. 2341-H m s r ST S W W C v \ <ST COLE S 256TH Sr ; = I 1 `kh I Z cc > N H � < CLOUDY ST W W CLOU Y S Z p: 1y► > W C i < U S 238T}i S 77. GEPRGE O S < z ST tYN a Z S z Z i 1 z Es sT = 14 a 13 W DANES ST 2 1 .:L' uulil�r.�"� R HL 24 i < ,• 23 24 : I•I \� f IF Lu 1 W SCHOOL c cED > W < �Atz hletic Fld c > x ' SAM ST < PIONEER S. _� S p tI 2 O M ILLA U E U = > ST _ (Pull Z MILWAUKi-V- t M7 Z . M I•I.AYI-'tra.0 < LT ST K 4 r > NT w SMITH sT 4 M NTL . w SMITH ST �< Z ` Z p We I Z < h WARD �C£ £ Z h p y W HARRI aA ST t' HARRISON ST N i ` Kent City Council Meeting Date June 21, 1994 Category Consent Calendar 1. SUBJECT: COUNCIL ABSENCE 2. SUMMARY STATEMENT: Approval of an excused absence from the Council meeting of July 5, 1994, for Councilmember Clark. 3. 4. 5. 6. 7. EXHIBITS: Memorandum from Councilmember Clark. RECOMMENDED BY: Councilmember Clark (Committee, Staff, Examiner, Commission, etc.) UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember, DISCUSSION: ACTION: econds Council Agenda Item No. 3J LI& Co G 7�r,7/0 3K A WED co v &t(p, Pki�1Of�" Woo t)5 1. SUBJECT: Kent City Council Meeting Date June 21, 1994 Category Other Business PENAL CODE - EMERGENCY ORDINANCE 2. SUMMARY STATEMENT: The proposed emergency ordinance would amend the Penal Code, Chapter 9.02 KCC, to bring penalty and related provisions into uniformity with state law. As an emergency ordinance, passage requires the affirmative vote of one plus a majority (5) Councilmembers. 3. EXHIBITS: Memo from City Attorney, proposed emergency ordinance. 4. 5 20 RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) UNBUDGETED FISCAL/PERSONNEL IMPACT• EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: NO ✓ YES 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to adopt Ordinance No. -31J �- amending the Penal Code. DISCUSSION• ACTION: Council Agenda ��� Item No. 4A MEMORANDUM OFFICE OF THE CITY ATTORNEY TO: CITY COUNCIL FROM: ROGER LUBOVICH, CITY ATTORNEY DATE: JUNE 17, 1994 RE: PENAL CODE - EMERGENCY ORDINANCE The Municipal Court recently dismissed a charge filed under the penal code because the penalty provision of the code defines what constitutes a gross misdemeanor under state statutes and in that particular case the state has differing penalties for the same comparable state charge. This ruling may impact other charges filed in the municipal court. The provisions of the penal code contain both gross misdemeanors and simple misdemeanors as defined under state statute. The concern is that what is chargeable as a simple misdemeanor under state filing amounts to a gross misdemeanor under the Kent City Code and, therefore, results in a potential violation of equal protection. Although this office is filing a motion for reconsideration, this will be a moot issue because recently enacted state legislation will require that a municipality's penalties provisions be in conformance with those of similar crimes under the state. In order to rectify the situation and to minimize loss of cases, I am proposing the enclosed emergency ordinance to the Council to bring the City's penal code penalty provisions in compliance with state law. Other related amendments to the code are also being made to bring the penalty provisions into uniformity with those of the state. Due to the urgency of the issue, the ordinance is on the agenda for the June 21st Public Safety Committee meeting. \ x pp�v Y{ ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 9.02 relating to the penalty provisions and making other related amendments to be in compliance with state statutes and declaring a public emergency necessary for the protection of public health, safety, property and peace. WHEREAS, the Kent Municipal Court recently dismissed a charge filed under Kent's penal code, Chapter 9.02, because the penalty provision of the code defines what constitutes a gross misdemeanor under state statute, and that the provisions of the penal code contain what amounts to both gross misdemeanors and simple misdemeanors as defined under state statute, and that due to these discrepancies, the particular provision of the penal code as applied to the case at hand was ruled unconstitutional; and WHEREAS, this ruling affects numerous other provisions of the penal code, thereby impacting the outcome of numerous criminal cases; and A�1" WHEREAS, recently adopted state legislation will require that penalties for acts that constitute a crime under the Kent City Code be the same as penalties prescribed for the same crime by state statute; and WHEREAS, RCW 35A.11.090 and RCW 35A.12.130 allow for the adoption of emergency ordinances; and WHEREAS, pursuant to Lince v Bremerton, 25 Wn.App. 309 (1980) and RCW 35A.11.020, the provisions of RCW 35A.12.130 apply in this particular instance for the enactment of emergency ordinances; and WHEREAS, due to the constitutional questions raised with regard to the City's penal code and the potential impact on cases being prosecuted under the penal code, enactment of an emergency ordinance is appropriate and necessary to minimize effective challenges to the penal code and to the prosecution of cases thereunder; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The above listed recitals are found to be true and correct in all respects. 2 SECTION 2. The City Council finds that the constitutional issues raised with regard to the City's penal code constitute an emergency situation necessitating immediate action, and that a public emergency ordinance is the appropriate and necessary action to take for the protection of public health, public safety, public property and_the public peace. SECTION 3. Kent City Code Chapter 9.02 entitled "Penal Code" is hereby amended in its entirety to read as follo�;s: CHAPTER 9.02. PENAL CODE Sec. 9.02.04. Public officer defined. Public officer, as used herein, comprises police officers, fire chief, city health officer and director of public works or their duly authorized deputies or the mayor or city administrator when performing the official duties of any of such offices. Sec. 9.02.08. Principal defined. Every person concerned in the commission of a misde-eanor in violation of any city ordinance, whether he directly com-its the act constituting the offense or aids or abets and every Terson who directly or indirectly counsels, encourages, hires, commands, induces or otherwise procures another to commit a misdemeanor, is a principal and shall be proceeded against and punished as such. The fact that the person aided, abetted, counseled, encouraged, hired, commanded, induced or procured, could not or did not entertain a criminal intent shall not be a defense to an_•- person aiding, abetting, counseling, encouraging, hiring, commanding, inducing or procuring him. 3 Sec. 9.02.12. Attempted crime. A person is guilty of an attempt to commit a crime if, with intent to commit a specific crime, he does any act which is a substantial step toward the commission of that crime. Sec. 9.02.16. Obstructing public officers. A. A person is guilty of obstructing a public officer if, with knowledge that the personby `r trifle ec is a public officer, he: 1. Intentionally and physically interferes with a public officer; 2. Intentionally hinders or delays a public officer by disobeying an order to stop given by such officer; 3. Intentionally refuses to cease an activity or behavior that creates a risk of injury to any person when ordered to do so by a public officer; 4. Intentionally destroys, conceals or alters or attempts to destroy, conceal or alter any material which he knows the public officer is attempting to obtain, secure, or preserve during an investigation, search or arrest; or 5. Intentionally refuses to leave the scene of an investigation of a crime while an investigation is in progress after being requested to leave by a public officer. 6. Intentionally hinders or delays a public officer in the discharge of his or her official duties by making any untrue or misleading statement report or identification B. No person shall be convicted of violating this section if the judge determines with respect to the person charged with violating this section that the public officer is not acting lawfully in a governmental function. 4 0 C. For purposes of this section a public officer means those individuals responsible for the enforcement of the provisions in the Code and empowered to make arrest for offenses under the Code or those individuals responsible for the enforcement of the criminal laws of the state. D. Obstructing a public officer is a misdemeanor. Sec. 9.02.17. Hindering law enforcement. A. As used in this section hindering law enforcement means to intentionally prevent, hinder or delay the apprehension or prosecution of another person whom the actor knows: 1. Has committed a crime; 2. Is being sought by law enforcement officials for the commission of such offense; or 3. Has escaped from jail or prison. B. A person is guilty of hindering law enforcement if respect to a person described in subsection A.1., 2. or 3. he knowingly: 1. Harbors or conceals such person; 2. Warns such person of impending discovery or of apprehension; 3. Provides such person with money, transportation, disguise or other means of avoiding discovery or apprehension; 4. Prevents or obstructs by use of force or threat, a private person from performing an act that might aid in the discovery or apprehension of such person; or S. Conceals, alters or destroys any physical evidence that might aid in the discovery or apprehension of such person. 5 C. Hindering law enforcement is a misdemeanor. Sec. 9.02.18. Escape. A. offense; official detention means: 1 2. Facility; or Restraint pursuant to a lawful arrest for an Lawful confinement in the Kent Corrections 3. Custody for purposes incident to the foregoing including but not necessarily limited to: a. Transportation; b. Medical diagnosis or treatment; C. Court appearances; or d. Work and recreation. B. A person is guilty of escape if, without lawful authority he intentionally removes himself from official detention or fails to return to official detention following temporary leave granted for a specified purpose or limit. A violation of this section is a cross misdemeanor. Sec. 9.02.1-8A19. Disruption of government offices. A person is guilty of disruption of government offices if he comes into or remains in any government building, office or public way adjacent thereto, without lawful reason, and intentionally causes substantial disruption of the activities or functioning of a government office. As used in this section, the term "government offices" has its ordinary meaning including city, county, state and federal government offices. A violation of this section is a gross misdemeanor._ 0 Sec. 9.02.20. Interfering with or resisting public officers. A. A person is guilty of resisting arrest if he intentionally prevents or attempts to prevent a peace officer from lawfully arresting him. B. Interfering with or Rresisting arrest is a misdemeanor. Sec. 9.02.24. Refusing to summon aid for a public officer. A. A person is guilty of refusing to summon aid for a public officer, if, upon request by a person he knows to be a public officer, he unreasonably refuses or fails to summon aid for such public officer. B. Refusing to summon aid for a public officer is a misdemeanor. Sec. 9.02.28. Assault. A. A person is guilty of assault when: 1. With intent to cause bodily injury to another person, he or she causes or attempts to cause bodily injury to any person; or 2. He or she intentionally engages in a physical act which creates in another a reasonable apprehension or fear of imminent bodily injury; or 3. He or she intentionally and without permission touches another and that touching is offensive, regardless of whether any actual physical harm is done to the other person. B. Assault is arg oss misdemeanor. 7 Sec. 9.02.32. Provoking assault. Every person who shall, by word, sign or gesture, willfully provoke or attempt to provoke another person to commit an assault or breach of the peace shall be guilty of a misdemeanor. Sec. 9.02.33. Patronizing a prostitute. A. It is unlawful for anyone to patronize a prostitute. A person is guilty of patronizing a prostitute if: 1. Pursuant to a prior understanding he pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct with him; 2. He pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor, the other person or a third party will engage in sexual conduct with him; 3. He solicits or requests another person to engage in sexual conduct with him in return for a fee, exchange, reward or promise. B. For purposes of this section "sexual conduct" means "sexual intercourse" or "sexual contact" defined as follows• 1. "Sexual intercourse" (a) has its ordinary meaning and occurs upon any penetration however slight and (b) also means any penetration of the vagina or anus however slight by any object, when committed on one person by another, whether such persons are of the same or oplosite sex except when such penetration is accomplished for medically recognized treatment or diagnostic purposes and (c) also means any act of sexual contact between Tersons involving the sex organs of one person and the mouth or anus of another whether such persons are of the same or opposite sex. 9 2. "Sexual contact" mean I s an touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party. $C. For persons charged with violations of this section, it shall not be a defense that the person agreeing to accept a fee to engage in sexual conduct or who is solicited or requested to accept such a fee is a law enforcement officer acting in his official capacity. D. Patronizing a prostitute is a misdemeanor. Sec. 9.02.34. Indecent exposure. A. A person is guilty of indecent exposure if he intentionally makes any open and obscene exposure of his person or the person of another knowing that such conduct is likely to cause reasonable affront or alarm. B. Indecent exposure is a misdemeanor unless such _person exposes himself toa person under the acre of fourteen (14) years in which case indecent exposure is a gross misdemeanor. Sec. 9.02.35. Urinating in public. A. A person is guilty of urinating in public if the person intentionally urinates or defecates in a public place, other than a washroom or toilet room, under circumstances where such act could be observed by any member of the public. B. Any violation of the provisions of this section shall be an infraction, and any person found in violation shall be subject to a penalty not to exceed two hundred fifty dollars ($250.00). Sec. 9.02.36. Disorderly enelue` Public Disturbance. A. A person is guilty of diserderly e"""lide` public disturbance if he or she: 0 Uses abesive 1. al' a_elk--, 31. Causes a public nuisance disturbance or is in possession and control of property on which a public neise nuisance disturbance occurs. The following sounds are determined to be public nesse nuisance disturbances: a. The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law. b. The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residential district, so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property. C. Yelling, shouting, hooting, whistling or singing on or near the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time and place so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property. d. The creation of frequent, repetitive or continuous sounds which emanate from any building, structure, apartment, condominium, or yard adjacent thereto which unreasonable interferes with the peace, comfort, and repose of owners or possessors of real property such as sounds from musical instruments, audio sound systems, band sessions, or social gatherings. 10 e. The creating of frequent, repetitive or continuous sounds made by any animal, such as barking or howling except that such sounds made in animal shelters, commercial kennels, veterinary hospitals, pet shops or pet kennels licensed under and in compliance with chapter 8.03 of the Kent City Code shall be exempt from this subsection. f. Sound from motor vehicle audio sound systems such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than fifty (50) feet from the vehicle itself. g. Sound from portable audio equipment, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than fifty (50) feet from the source, and if not operated upon the property of the operator. h. i. The forgoing provision shall not apply to regularly scheduled events at parks, such as public address systems for baseball games or park concerts. }h. The creation of frequent, repetitive or continuous sounds made in connection with outdoor construction or the movement of construction related materials, including noise made by devices capable of producing sound by either striking or cutting objects, such as hammers, saws or other equipment with internal combustion engines; provided, however, such sounds shall be exempt from the provisions of this Code under the following circumstances: +4:+i.. During the hours of 7:00 a.m. through 8:00 p.m., Monday through Sunday; or In commercial areas not adjacent to residential areas. B. Prev de that 45 -The foregoing enumeration of acts and noises shall not be construed as excluding other acts and noises which offend the public peace. 11 n; _derl , - n4tt t Public'disturbance is a misdemeanor. Sec. 9.02.38. PedesbriaR _t'____ -e Disorderly conduct. A. A person is guilty of ee disorders conduct if, in a pub r,� he or she intentiane44Y: 1. Uses abusive language and thereby intentionally creates a risk of assault; 2. Intentionally disrupts any lawful assembly or meeting of persons without lawful authority; or -1-3. Intentionally oobstructs pedestrian or vehicular traffic without lawful authority; or -14. Aggressively begs in a public place. B. The following definitions shall apply in this section: 1. Aggressively begs means to beg and engage in conduct that would likely intimidate a reasonable person, including touching, following, persistently begging after being refused, using violent or threatening language or gestures, or taking similar actions for the purpose of inducing another person into giving money or goods. 2. Beg means to ask for money or goods as a charity, whether by words, bodily gestures, signs or other means. 3. obstruct pedestrian or vehicular traffic means to walk, stand, sit, lie, grasp a person, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized as an exercise of one's constitutional right to picket or legally protest shall not constitute obstruction of pedestrian or vehicular traffic. 12 4. Public place means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks, and streets open to the general public including places that serve food or drink or provide entertainment, in the doorways and entrances to buildings or dwellings and the grounds enclosing them. C. Disorderly conduct is a misdemeanor. Sec. 9.02.40. Failure to disperse. A. A person is guilty of failure to disperse if: 1. He congregates with a group of three (3) or more other persons and there are acts of conduct within that group which create a substantial risk of causing injury to any person or substantial harm to property; and 2. He refuses or fails to disperse when ordered to do so by a peace officer or other public servant engaged in enforcing or executing the law. B. Failure to disperse is a misdemeanor. Sec. 9.02.44. Telephone calls to harass, intimidate, torment or embarrass. A. Every person who, with intent to harass, intimidate, torment or embarrass any other person, shall make a telephone call to such other person: 1. Using any lewd, lascivious, profane, indecent, or obscene words or language, or suggesting the commission of any lewd or lascivious act; 2. Anonymously or repeatedly or at an extremely inconvenient hour, whether or not conversation ensues; or 13 3. Threatening to inflict injury on the person or property of the person called or any member of his family or household. B. A violation of this section is a gross misdemeanor. Sec. 9.02.48. Discharge of firearms or dangerous instrumentalities. It is unlawful for any person to aim any gun, pistol, revolver or other firearm, whether loaded or not, at or towards any human being, or wilfully discharge any firearm, air gun or other weapon or throw any deadly missile in a public place, or in any place where any person might be endangered thereby even though no injury results. The discharge of certain firearms as bona fide gun clubs, etc., shall be as provided in section 5.04.010. A violation of this section shall be punishable, upon conviction, as a misdemeanor dnd e law. Sec. 9.02.56. Criminal trespass. A. In the first degree. Every person, knowing that he is not licensed or privileged to do so, who enters or remains in any building or occupied structure or separately secured or occupied portion thereof including but not limited to publicly owned or occupied buildings, structures or portions thereof or defies an order by the owner or other authorized person to_leave said building or structure is guilty of criminal trespass which is a gross misdemeanor. B. In the second degree. Every person, knowing that he is not licensed or privileged to do so, who enters or remains in any public or private place or on any public or private premises as to which notice against trespass thereon is given by the owner or some other authorized person, through: 1. Actual communication to the actor,,—: 14 2. Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders—/,- or 3. Fencing or other enclosure manifestly designed to exclude intruders—/,- shall be guilty of criminal trespass which is a misdemeanor. :1 r7y $-C. Defenses. It is a defense to prosecution for criminal trespass under this section if: 1. The building or occupied structure referred to in subsection A. above was abandoned; 2. Any place or premises referred to in this section was at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or 3. The actor reasonably believed that the owner of any of the places or premises referred to in this section or other person empowered to license access thereto would have licensed him to enter or remain. 4. The actor was attempting to serve legal process which includes any document required or allowed to be served upon persons or property, by any statute rule ordinance regulation, or court order, excluding delivery by the mails of the United States This defense applies only if the actor did not enter into a private residence or other building not open to the public and the entry onto the premises was reasonable and necessary for service of the legal process 15 Sec. 9.02.60. Third degree theft. A. Theft means: 1. To wrongfully obtain or exert unauthorized control over the property or services of another or the value thereof, with intent to deprive him of such property or services; or 2. By color or aid of deception to obtain control over the property or services of another or the value thereof, with intent to deprive him of such property or services; or 3. To appropriate lost or misdelivered property or services of another, or the value thereof, with intent to deprive him of such property or services. B. In any prosecution for theft, it shall be a sufficient defense that the property or service was appropriated openly and avowedly under a claim of title preferred in good faith, even though the claim be untenable. C. A person is guilty of theft in the third degree if he commits theft of property or services which does not exceed two hundred fifty dollars ($250.00) in value. Theft in the third degree is arg oss misdemeanor. Sec. 9.02.64. Unlawful issuance of bank checks or drafts. It is a gross misdemeanor for any person with intent to defraud, to make, draw, utter or deliver to another person any check or draft in any amount on a bank or other depository for the payment of money, knowing at the time of such drawing or delivery that he has not sufficient funds in or credit with the bank or depository to meet the check in full upon its presentation. The word "credit" as used herein shall be construed to mean an arrangement or understanding with the bank for payment of such check or draft. The uttering or delivery of such check or draft to another person without such funds or credit to meet the same shall be prima facie evidence of intent to defraud. 16 Sec. 9.02.72. False advertising. Any person who, with intent to sell or otherwise dispose of goods or services to the public, uses some form of advertising medium in which the advertisement for the goods or services contains an assertion, representation or statement of fact which is untrue, deceptive or misleading shall be guilty of a misdemeanor. Sec. 9.02.76. Unlawful to allow underage persons where intoxicants served. Any person having charge of a public place in the city where intoxicating liquors are served, who shall admit or allow any person under twenty-one (21) years of age to remain in the premises contrary to the laws of the state or the city is guilty of a misdemeanor. Sec. 9.02.82. Furnishincr.licruor to minors - Possession use - Exhibition of effects - Exceptions. 1. It is unlawful for any person to sell aive,_or otherwise supply liquor to any person under the acre of twenty -on years or permit any person under that age to consume liquor on his or her 1premises or on any premises under his or her control. For the purposes of this subsection "premises" includes real property houses buildinas and other structures, and motor vehicles and watercraft. 17 2. It is unlawful for any person under the acre of twenty- one years to possess consume or otherwise acquire any liquor. 3. It is unlawful for a Terson under the age of twenty-one years to be in a public place or to be in a motor vehicle in a public place while exhibiting the effects of having consumed liquor. For purposes of this subsection exhibiting the effects of having consumed liquor means that a person has the odor of liquor on his or her breach and either: i. Is in possession of or close proximity to a container that has or recently had liquor in it; or iiio by speech manner, appearance behavior, lack or coordination or otherwise exhibits that he or she is under the influence of liquor. This subsection (3) does not a]23ply if the person is in the presence of a parent or guardian or has consumed or is consuming liquor under circumstances described in subsection (5) or (6) of this section. 4. Subsections (1) and (2) of this section do not apply to liquor liven or permitted to be given to a person under the acre of twenty-one years by a parent or guardian and consumed in the presence of the parent or guardian This subsection shall not authorize consumption or possession of liquor by a person under the age of twenty-one years on any premises licensed under chapter 66.24 RCW. 5. This section does not apply to liquor given for medicinal purposes to a person under the age of twenty-one years by a iarent guardian physician or dentist 6. This section does not apply to liquor given to a person under the age of twenty-one years when such liquor is being used in connection with religious services and the amount consumed is the minimal amount necessary for the religious service. m Rill jjw� Sec. 9.02.88. Certain persons frequenting taverns or cocktail lounges. A. It shall be a misdemeanor for any person under the age of twenty-one (21) to: 1. Enter or remain on the premises of any tavern or cocktail lounge; or 2. Represent his age as being twenty-one (21) or more years for the purpose of securing admission to or remaining on the premises of any tavern or cocktail lounge. B. The classification of establishments for the purpose of determining whether persons under the age of twenty-one (21) shall not be allowed shall be made by the state liquor control board. Provided, that the exceptions to this section for musicians eighteen (18) years and older established by RCW ch. 66.44 shall apply. Sec 9.02.90. Violation - Penalty. Everter person guilty of a violation of Sections 9.02.76 9 02 82 and 9 02 88 above shall be liable upon conviction, for a first offense to a penalty of not more than five hundred dollars, or to imprisonment for not more than two months or both• fora second offense to imprisonment for not more than six months• and for a third or subsequent offense to imprisonment for not more- han one year. If the offender convicted of an offense referred 19 to in this section is a corporation it shall for a first offense be liable to a penalty of not more than five hundred dollars, and for a second or subsequent offense to a penalty of not more than ten thousand dollars or to forfeiture of its corporate license or both. Sec. 9.02.92. Liquor defined. The terms "liquor" or "intoxicating liquor" as used in this chapter are hereby defined to mean alcohol, spirits, wine and beer as defined by the state liquor act, and all spirituous, vinous or malt liquor, or combinations thereof, and mixed liquor, a part of which is fermented, spirituous, vinous or malt liquor, or otherwise intoxicating; and every liquid or semisolid or other substances, patented or not, containing alcohol, spirits, wine or beer, and all drinks or drinkable liquids, and all preparations or mixtures capable of human consumption, any liquid, semisolid or solid, or other substance which contains more than one (1) percent of alcohol by weight, shall be conclusively deemed to be intoxicating. Sec. 9.02.96. Loaded rifles in motor vehicles. It shall be unlawful for any person to carry, transport or convey or to have in his possession or under his control in any motor -driven vehicle any shotgun or rifle containing shells or cartridges therein. A violation of this section shall, upon conviction, be punishable as a misdemeanor under state letw• Sec. 9.02.100. Pistols. No person shall carry a pistol in any vehicle unless it is unloaded or carry a pistol concealed on his person, except in his place of abode or fixed place of business, without a license arefor as provided in RCW 9.41.070, provided that the .ceptions set forth in RCW 9.41.060 shall apply to this section. violation of this section shall, upon conviction, be punishable s a misdemeanor under state lat. 20 Sec. 9.02.104. Weapons apparently capable of producing bodily harm, carrying, exhibiting, displaying or drawing unlawful; penalty; exceptions. A. It shall be unlawful for anyone to carry, exhibit, display or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club or any other weapon apparently capable of producing bodily harm in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons. Any person violating the provisions of this subsection shall be guilty of a misdemeanor. A violation of this section shall, upon conviction, be punishable as ar� oss misdemeanor dndeic state law. B. Subsection A. of this section shall not apply to or affect the following: 1. Any act committed by a person while in his place of abode or fixed place of business; 2. Any person who by virtue of his office or public employment is vested by law with a duty to preserve public safety, maintain public order or make arrests for offenses while in the performance of such duty; 3. Any person acting for the purpose of protecting himself against the use of presently threatened unlawful force by another or for the purpose of protecting another against the use of such unlawful force by a third person; 4. Any person making or assisting in making a lawful arrest for the commission of a felony; or 5. Any person engaged in military activities sponsored by the federal or state governments. 21 Sec. 9.02.106. Sale, manufacture, possession of certain weapons. A. It shall be unlawful for anyone to sell, manufacture, purchase, possess or carry: 1. Any device commonly known as nunchuka sticks, consisting of two (2) or more lengths of wood, metal, plastic or similar substance connected with wire, rope or other means; or 2. Any device commonly known as throwing stars, which are multipointed, metal objects designed to embed upon impact from any aspect in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons. B. It shall be unlawful for anyone to manufacture, sell or dispose of or have in his possession any instrument or weapon of the kind usually known as a slung shot, sand club, metal knuckles, spring blade knife or any knife the blade of which is automatically released by a spring mechanism or other mechanical device or any knife having a blade which opens or falls or is ejected into position by the force of gravity or by an outward, downward, or centrifugal thrust or movement. C. Anyone who shall furtively carry with intent to conceal any dagger, dirk, pistol, or other dangerous weapon as previously outlined, or who shall use any contrivance or device for suppressing the noise of any firearm shall be guilty of a misdemeanor as provided under state law. AM Sec. 9.02.112. Costs of prosecution. Whenever anyone is convicted of an offense under any section of this chapter, or section of any city ordinance, the court mays as authorized by law, impose t -he reasonable costs of prosecution in addition to the fine imposed. The court may also impose costs for issuance of bench warrants in an amount not to exceed $100.00. Sec. 9.02.116. State law adopted by reference --Title 9. The following sections of RCW Title 9 are hereby adopted by reference by the city and shall be given the same force and effect as if they were adopted in their entirety: 1. 9.08.010, Allowing vicious animals at large. 2. 9.23.010, Criminal contempt. 3. 9.40.100, Injuring or tampering with fire alarm apparatus or equipment --Sounding false alarm. 4. 9.41.240, Use of firearms by minor. 5. 9.45.040, Frauds on innkeeper. 6. 9.45.060, Encumbered, leased or rented personal property --Construction. 7. 9.45.062, Failure to deliver leased personal property --Requisites for prosecution --Construction. 8. 9.47.030, Possession of gambling devices. 9. 9.61.120, Throwing glass, tacks, rubbish, etc., in highway. 10. 9.66.010, Public nuisance. 23 11. 9.66.030, Maintaining or permitting nuisance. 12. 9.91.060, Leaving children unattended in parked automobile. 13. 9.21.120, Food stamps and food purchased with stamps --Reselling or purchasing. 14. 70.93.060, Littering prohibited --Penalties. Sec. 9.02.120. Same --Title 9A. The following sections of RCW Title 9A are hereby adopted by reference and shall be given the same force and effect as if they were adopted in their entirety: 1. 9A.08.020, Liability for conduct of another --Complicity. 2. 9A.28.030, Criminal solicitation. 3. 9A.28.040, Criminal conspiracy. 4. 9A.36.050, Reckless endangerment. 5. 9A.36.070, Coercion. 6. 9A.48.090, Malicious mischief in the third degree. 7. 9A.48.100, Definition. 8. 9A.52.100, Vehicle prowling. 9. 9A.56.170, Possessing stolen property in the third degree. 10. 9A.72.040, False swearing. 11. 9A.72.150, Tampering with physical evidence. PAS 12. 9A.76.050, Rendering criminal assistance. 13. 9A.76.100, Compounding. 14. 9A.76.160, Introducing contraband in the third degree. 15. 9A.84.010, Riot. 16. 9A.84.040, False reporting. 17. 9A.88.030, Prostitution. 18. 9A.88.090, Permitting prostitution. The definition of rendering criminal assistance as set forth in RCW 9A.76.050 is hereby adopted. Sec. 9.02.124. Offenses against police dogs. No person shall willfully or maliciously torment, beat, kick or strike any dog owned or being used by the police department in the performance of its official duties. No person shall willfully hinder, delay, or obstruct any dog used by a law enforcement officer in discharging or attempting to discharge his official duties. Any person violating the provisions of this section shall be guilty of a misdemeanor. Sec. 9.02.300. Domestic violence --Definition. For the purposes of sections 9.02.302 through 9.02.306, the following words shall have the meaning ascribed in this section: Domestic violence means physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members or sexual assault of one (1) family or household member by another. Family or household members means spouses, former spouses, persons who have a child in common regardless of whether they 25 have been married or have lived together at any time, adult ;persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons sixteen (16) years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons sixteen (16) years of age or older with whom a respondent sixteen (16) years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren. Dating relationship means a social relationship of a romantic nature. Factors that the court may consider in making this determination includes the length of time the relationship has existed, the nature of the relationship, and the frequency of interaction between the parties. Sec. 9.02.302. Same --Violation of a no contact order. When any person arrested for or charged with a crime involving domestic violence is released from custody before arraignment or trial on bail or personal recognizance or after trial before sentencing or as a condition of any sentence imposed, the court authorizing the release may prohibit the person from having any contact with any victim. The written order releasing the defendant shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under RCW ch. 10.99 and will subject a violator to arrest. Any assault or reckless endangerment that is a violation of this order is a felony. Wilful violation of a court order issued under this section or of an order issued by any court of competent jurisdiction under equivalent statute or ordinance is a misdemeanor subject to the penalty provided in section 9.02.310. A certified copy of the order shall be provided to the victim. Sec. 9.02.304. Same --Violation of a protection order. Whenever an order for protection is granted under RCW ch. 26.50 and the respondent or person to be restrained knows of the order, a violation of the restraint provisions or of a provision excluding the person from a residence is a misdemeanor subject to the penalty provided in section 9.02.310. Sec. 9.02.306. Same --Violation of a restraining order. A. Whenever a restraining order is issued pursuant to RCW ch. 26.09 and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or of a provision excluding the person from a residence is a misdemeanor subject to the penalty provided in section 9.02.310. B. A person is deemed to have notice of a restraining order if: 1. The person to be restrained or the person's attorney sign the order; 2. The order recites that the person to be restrained or the person's attorney appeared in person before the court; 3. The order was served upon the person to be restrained; 4. The peace officer gives the person oral or written evidence of the order by reading from it or handing to a person a certified copy of the original order which is certified to be an accurate copy of the original by a notary public or by a clerk of the court; or S. Service by publication pursuant to RCW ch. 26.09. 27 C. It is a defense to prosecution under this section that the court erroneously issued the order contrary to law or court rule. D. Restraining orders issued under RCW ch. 26.09 restraining a person from harming or disturbing another party or from entering a party's home shall bear the legend: Violation of this order with actual notice of its contents is a criminal offense under RCW ch. 26.09 and will subject the violator to criminal prosecution. Sec. 9.02.310. Same --Penalty. A. A violation of sections 9.02.302, 9.02.304 and 9.02.306 shall be a misdemeanor in seeti:eiq ,o 9—�moQ. B. Violations of sections 9.02.302, 9.02.304, and 9.02.306 may also constitute contempt of court, and are subject to the penalties prescribed by law. Sec. 9.02.312. Stay out of areas of prostitution orders. A. Stay out of areas of prostitution orders, hereinafter known as "SOAP" orders, may be issued by the Kent Municipal Court to anyone charged with prostitution, permitting prostitution, or patronizing a prostitute under chapter 9.02 of the Kent City Code as a condition of pre-trial release. B. SOAP orders may be issued by the Kent Municipal Court to anyone convicted of prostitution, permitting prostitution, or patronizing a prostitute under chapter 9.02 of the Kent City Code as a condition of probation. C. Whenever a police officer shall have probable cause to believe that a person has received a SOAP order as a condition of pre-trial release or of probation and in the officer's presence is seen violating or failing to comply with any requirement or ME restriction imposed by the court as a condition of such pre-trial release or probation, such officer may arrest the violator without warrant or other process for violation of the SOAP order and bring such person before the court issuing the order. D. The SOAP order shall warn the person named in the order to stay out of the following "high risk prostitution areas." 1. Pacific Highway South from 260th to the Puget Sound Bank Building at the corner of State Route 516, including all adjacent businesses. E. A person is deemed to have notice of the SOAP order when: 1. The signature of the person named in the order or their attorney is affixed to the bottom of the order, signifying that they have read the order and have knowledge of the contents of the order; or 2. The order recites that the person named in the order or the person's attorney appeared in person before the court. F. The written SOAP order shall contain the court's directives and shall bear the legend: "Violation of this order is a criminal offense under Chapter 9.02. KCC and will subject the violator to arrest." G. Whenever a SOAP order is issued under this section, and the person named in the order knows of the order, a violation of the provisions of the order is a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than ninety (90) days, or both such fine and imprisonment. 29 Sec. 9.02.320. Probation violations. A. For purposes of this section, the word "probationer" means any person who after conviction of violation of an ordinance of the city or a law of the state has been placed on probation in connection with the suspension or deferral of sentence by either a district court of this county, municipal court or the superior court. B. Whenever a police officer shall have probable cause to believe that a probationer, prior to the termination of his probation is in such police officer's presence, violating or failing to comply with any requirement or restriction imposed by the court as a condition of such probation, such officer may cause the probationer to be brought before the court wherein sentence was deferred or suspended, and for such purpose such police officer may arrest such probationer without warrant or other process. Sec 9.02.330. Violations - penalty. Unless otherwise provided for in this chapter- violation of any provision of this chapter shall be punishable by: 1. Gross misdemeanor. Every person convicted of a gross misdemeanor defined in Chapter 9 02 KCC shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than one (1) year, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000-00), or by both such imprisonment and fine. 2. Misdemeanor. Every person convicted of.a misdemeanor defined in Chapter 9.02 KCC shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than ninety (90) days or by a fine in an amount fixed by the court of not more than one thousand dollars (Sl 000 00) or by both such imprisonment and fine. 30 SECTION 4. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 5. Effective Date. This emergency ordinance shall take effect and be in force immediately upon adoption. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY 31 PASSED day of APPROVED day of PUBLISHED day of . 1994. � 61:1 1994. I hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. penal.ord BRENDA JACOBER, CITY CLERK 32 (SEAL) Kent City Council Meeting Date June 21, 1994 Category Other Business 1. SUBJECT: CURFEW/PARENTAL RESPONSIBILITY ORDINANCE 2. SUMMARY STATEMENT: The proposed ordinance would establish a curfew for juveniles 15 years of age or younger between 12 ��*-`✓ midnight and 6 a.m. each day. Under this ordinance, it also be be unlawful for any parent, guardian or other adult person to permit or allow such a juvenile to be in violation of the curfew. The monetary penalty for each violation is $150. In lieu of the monetary penalty, any person may perform community service as approved by the court (not the Human Services Commission as discussed at the last Council meeting). This ordinance as proposed shall expire March 20, 1995 unless extended by the City Council. 3. EXHIBITS: Outline summary, page showing changes regarding Human Services Commission, ordinance. 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCALIPERSONNEL IMPACT: NO ✓ YES 3 7. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 4B OUTLINE OF CURFEW ORDINANCE The ordinance is a curfew and parental responsibility ordinance. • It applies to juveniles is years of age or younger. • The curfew hours are 12 o'clock midnight through 6 a.m. each day. • It is not in violation for a juvenile to be in a public place between the hours of 12 and 6 a.m. if a: 1. juvenile is accompanied by a parent, guardian or adult person having custody; 2. juvenile is traveling to or from an official school, political, religious or recreational activity; 3. juvenile is on an errand at the direction of a parent, guardian or other adult person having custody; 4. juvenile is engaged in lawful employment or traveling to or from such place of employment; 5. juvenile is in a motor vehicle engaged in interstate travel; 6. juvenile is on the sidewalk of his or her legal residence or next door neighbor; 7. juvenile is involved in emergency situation; 8. juvenile is exercising First Amendment rights. • An officer may stop and question a juvenile for his or her name, address, parents' name, and nature of his or her business in a public place. Upon a violation, the officer may direct the juvenile to proceed home or offer to transport the juvenile home. • If the officer believes that the juvenile is in danger, pursuant to RCW 13.32A, the officer may take the juvenile into custody and deliver or arrange to deliver the juvenile to his or her home or, if not to his or her home, to an extended family member, to a residential crisis center, or to another responsible adult under certain circumstances. • Violations are civil not criminal. Upon a first violation by the juvenile, a warning shall be sent to the parent, guardian or adult person having custody. Upon a second or subsequent violation, a citation may be issued to the parent, guardian or other adult person. • A citation may also be issued to a juvenile for a second or subsequent violation. • The monetary penalty for a violation is $150.00. • Upon receipt of a citation, a person may perform community service as approved by the court. • This ordinance expires 11:59 p.m. March 20, 1995. curfewL mem manner prescribed in RCW 7.80.080. Pursuant to RCW 7.80.080(5), if any person issued a notice of infraction fails to respond to the notice, or fails to appear at a hearing requested, the Court shall enter an appropriate order assessing the monetary penalty prescribed for the civil infraction. C. A person found to have committed an infraction shall be assessed a monetary penalty of $150.00 for each violation. Each day or part of a day during which the violation is committed, continued or permitted shall constitute a separate violation. D. In lieu of payment of the monetary penalty assessed herein, any person receiving a notice of infraction may eleet te attendperform community service e -r the Kent 14,dfflan Gerviees expense and- under such terms and conditions as may be prescribed by the eeffifaissien and,lerCourt.„ , te e:e at siieh time said fReneta:ey penalty is due and payable. in sueh ease, the payment ef the penalty shall be ether E. Pursuant to RCW 7.80.160, a person who fails to sign a notice of civil infraction or willfully violates his or her written and signed promise to appear in court or his or her written and signed promise to respond to a notice of civil infraction is guilty of a misdemeanor punishable by a fine not to exceed One Thousand Dollars ($1,000.00) and/or imprisonment not exceeding ninety (90) days. A person who willfully fails to pay a monetary penalty as required by a court under this chapter may be found in contempt of court as provided in chapter 7.21 RCW. 11 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, adding a new Chapter 9.07 to Title 9 of the Kent City Code, entitled "Curfew and Parental Responsibility for Juveniles"; establishing a curfew for juveniles and defining duties of parents or others in care of juveniles; and providing for penalties for violations thereof. WHEREAS, the City Council finds that the City is facing a mounting crisis caused by juvenile crime and delinquency which threatens peaceful citizens, residents, visitors, and juveniles themselves, and further determines that this criminal activity, both individual and collectively, presents a clear and present danger to the citizenry, to the juveniles and to the public order and safety; and WHEREAS, the economic cost of crime in the City of Kent continues to drain existing resources and that the effect on victims, both economic and psychological, is traumatic and tragic; and WHEREAS, the City Council finds that fighting crime effectively requires a multi -faceted effort, in part focusing on those age groups likely to commit crimes and engage in acts of delinquency; and 1 WHEREAS, juveniles in the City of Kent have themselves become victims of crime and violence in steadily increasing numbers, and that violent crimes against juveniles in the City of Kent have dramatically increased over the last several years; and WHEREAS, it is appropriate to take measures in order to protect those juveniles who are not subject to adequate parental control from harm to themselves or others or the property of others based upon certain proscribed conduct, and to foster better parental responsibility among the parents and guardians of juveniles found within the City of Kent to achieve better protection of the community and the juveniles; and WHEREAS, juveniles who are not adequately supervised by their parents and/or guardians have become engaged in criminal activity at certain times within the City. Therefore, it is the intent of this chapter to impose measures to assist parents and/or guardians or others responsible for juveniles to control and to protect their children and the community; and WHEREAS, there is a disproportionate crime problem with juveniles throughout the City during late evening and early morning hours, including a disproportionate number of crimes of violence, potential violence, and drug and alcohol-related activity and that since this problem cannot be identified to specific areas of the City, to reasonably and adequately enforce a curfew ordinance, a City-wide curfew is appropriate; and WHEREAS, the combination of juveniles and alcohol and drug-related criminal activity leads to public safety problems, including increased assaults and incidents involving disorderly 2 conduct and instances of the sale and delivery of controlled substances; and WHEREAS, this ordinance is enacted in recognition of the peculiar vulnerability of juveniles, their frequent inability to make critical decisions in an informed, mature manner, and the importance of the parental role in -child rearing; and WHEREAS, it is the intent of the City Council to create and implement a juvenile program to reduce juvenile crime and the direct and indirect consequences thereof, to substantially reduce, if not eradicate, acts of crime and delinquency committed by juveniles and to provide for the care, safety and protection of law abiding juveniles and other citizens, residents and visitors, to reduce injuries to juveniles as victims while promoting juvenile safety and well being, to provide additional options for dealing with gang problems, and to reduce juvenile peer pressure to stay out late; and WHEREAS, it is in the community's best interest to establish laws to assist in these goals for the protection of juveniles from this type of criminal activity, as well as to alleviate the instances of criminal activity caused by unsupervised juveniles and establishing a curfew will assist in this effort; and WHEREAS, the Washington State Legislature passed Engrossed Second Substitute House Bill 2319 during the 1994 legislative session adding a new section to chapter 35A.11 RCW providing that municipalities have the authority to enact an ordinance, for the purpose of preserving the public safety or c reducing acts of violence by or against juveniles that are occurring at such rates as to be beyond the capacity of the police to assure public safety, establishing times and conditions under which juveniles may be present on the public streets, in the public parks, or in any other public place during specified hours and further amending chapter 13.32A RCW relating to curfews; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. There is hereby added to Title 9 of the Kent City Code, Chapter 9.07 entitled "Curfew and Parental Responsibility for Juveniles" as follows: CHAPTER 9.07. CURFEW AND PARENTAL RESPONSIBILITY FOR JUVENILES. Section 9.07.010. Short Title. This ordinance shall be known and may be cited as the "Curfew and Parental Responsibility for Juveniles Code". Section 9.07.020. Purpose. The purpose of this chapter is: A. To protect juveniles and other citizens, residents and visitors of the City of Kent from the dangers of crimes which occur on sidewalks, streets, and public places during the late night and early morning hours. B. To decrease the amount of criminal activity engaged in by juveniles. C. To promote and enhance parental control over juveniles. 4 Section 9.07.030. Definitions. A. "Adult person" means any person 18 years of age or older and authorized by a parent or guardian to have the care and custody or control of a juvenile or is in loco parentis to a juvenile. B. "Direct route" means immediately and directly before or after participation in such activity, a direct path of travel selected to reach the destination within a reasonable amount of time to complete such travel without detours or additional stops at other destinations along the way between the beginning or end of such event and the time that the juvenile leaves or returns to his or her residence or such other place as shall be authorized by his or her parent, guardian or other adult person having care, custody and control of such juvenile. C. "Emergency" means any unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to obtain immediate medical care or to prevent serious bodily injury or a loss of life. D. "Extended family member" means a grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin with whom the child has a relationship and is comfortable, and who is willing and available to care for the child. E. "Guardian" means a person, other than a parent, who, under court order, is the guardian of the person of a juvenile. F. "Juvenile" means any unemancipated person, male or female 15 years of age or younger. 6 G. "Parent" means the mother, father, or both (both being referred to in the single as "parent") being a natural parent, adoptive parent, or step-parent of another person. H. "Public place" means any street, alley, highway, parking lot, sidewalk, park, playground or place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose. Public place shall include, but not be limited to any store, shop, restaurant, tavern, bowling alley, cafe, theater, drug store, golf course, pool room, shopping center, public facility, and any other place open to the general public and devoted to business, amusement or entertainment of the general public or other lawful purpose, whether publicly or privately owned or operated. It shall also include the front or immediate area of the above, including, but not limited to, roads, sidewalks, alleyways, parking lots, parks or other similar areas open to the general public. Section 9.07.040. Curfew for Juveniles. No juvenile shall remain in or upon a public place within the City of Kent between the hours of 12:00 midnight and 6:00 a.m., unless: A. The juvenile is accompanied by a parent, guardian, or other adult person having care, custody and control of such juvenile; B. The juvenile is attending or traveling by direct route to or from an official school, political, religious, or a recreational activity, including, but not limited to, dances, theater presentations, and sporting events, supervised by adults and sponsored by the City of Kent, the Kent School Board, a civic organization, or another similar entity; 0 C. The juvenile is on an errand at the direction of his or her parent, guardian, or other adult person having care, custody and control of such juvenile traveling by direct route without any detour; D. The juvenile is engaged in lawful employment or traveling to or from such place of lawful employment or to or from his or her current residence from such place of lawful employment by direct route without any detour; E. The juvenile is in a motor vehicle and engaged in interstate travel with the consent of a parent, guardian, or other adult person having care, custody and control of such juvenile; F. The juvenile is on the sidewalk of his or her legal residence or on the sidewalk of either next door neighbor; G. The juvenile is involved in an emergency concerning his or her safety or welfare or that of his or her family or another. H. The juvenile is exercising First Amendment rights protected by the Constitution, such as free exercise of religion, freedom of speech, and the right of assembly. Section 9.07.050. Parental Responsibility. It shall be unlawful for any parent, guardian or other adult person having care, custody and control of such juvenile to knowingly permit or by insufficient control to allow such person to be or to remain in any public place within the City in violation of Section 9.07.040. As used in this subsection, the phrase "by sufficient control to allow" shall also include those situations where the parent, guardian or other adult person has failed to take reasonable measures to monitor or account for the 7 child's location or was indifferent to the activities, conduct or whereabouts of such juvenile. Section 9.07.060. Enforcement Procedures. A. Law enforcement officers of the City may stop and question a person they reasonably believe to be a juvenile in order to obtain his or her name, age and address, the nature of his or her business in the public place, as well as the name and address of his or her parent, guardian or other adult person having care, custody or control of such juvenile whenever said law enforcement officer shall reasonably suspect that the juvenile is in violation of the curfew established in Section 9.07.040. Any law enforcement officer, upon finding a juvenile in violation of Section 9.07.040, shall advise the juvenile that he or she is in violation of the curfew and direct the juvenile to proceed at once to his or her home or usual place of abode or, such officer may, in his or her discretion, offer to transport the juvenile to his or her home or usual place of abode. The law enforcement officer shall report such action to the Police Department, who in turn shall notify the parents, guardian or other adult person having care, custody and control of such juvenile by sending or serving a written warning notice of the violation or a citation pursuant to subsection (D) below. The Police Department shall maintain a record of any such violation and the written notices or citations given as a result thereof. B. If a law enforcement officer reasonably believes, considering the juvenile's age, the location, and the time of day, that the juvenile is in circumstances which constitute a danger to the juvenile's safety, the law enforcement officer may take a juvenile into custody pursuant to RCW 13.32A.050. An officer taking a juvenile into custody shall inform the juvenile that he or she is in violation of the curfew set forth in Section 9.07.040 and shall deliver or arrange to deliver the juvenile either to: 1. The juvenile's home; or 2. The home of an adult extended family member, a designated crisis residential center established pursuant to chapter 74.13 RCW, or the home of a responsible adult pursuant to RCW 13.32A.070 (in which case the Department of Social and Health Services local community service office shall be notified) after attempting to notify the parent, legal guardian or other adult person having care, custody and control of such juvenile if: a. it is not practical to deliver or arrange to deliver the juvenile to his or her home; b. there is no parent, guardian or other adult person having care, custody and control of such juvenile available to accept custody of the child; or C. the child expresses fear or distress at the prospect of being returned to his or her home which leads the officer to believe there is a possibility that the child is experiencing in the home some type of child abuse or neglect, as defined in RCW 26.44.020. C. The officer releasing a juvenile into the custody of a parent, guardian, or other adult person having care, custody or control of such juvenile or an extended family member or a responsible adult shall inform the same that the juvenile is in violation of the curfew set forth in Section 9.07.040, and further inform the juvenile and the parent, guardian, other adult person having care, custody or control of such juvenile, extended family member or responsible adult of the nature and location of appropriate services available in the community. 9 D. Upon finding reasonable cause to believe that a juvenile is in violation of the curfew for a second or subsequent time, and that the parent, guardian or other adult person having care, custody or control of such juvenile is in violation of Section 9.07.050 above and has received a prior written warning pursuant to subsection 9.07.060(A) above, a citation may be issued to said parent, guardian or -other adult person having care, custody or control of such juvenile charging that person with a violation of the ordinance as set forth in Section 9.07.070 below. A citation may also be issued to a juvenile for a second or subsequent violation. Section 9.07.070. Violations - Penalty. A. A violation of the provisions of Section 9.07.040 and Section 9.07.050 above is designated as a civil infraction. The Kent Municipal Court shall have jurisdiction over all civil infractions issued under this chapter. Civil infractions shall be issued and processed in accordance with chapter 7.80 RCW which7_ is incorporated herein by reference. Civil infractions shall be issued as follows: 1. A law enforcement officer has the authority to issue a notice of infraction when the infraction is committed in the officer's presence. 2. The court may issue a notice of infraction upon receipt of a written statement of the officer that there is reasonable cause to believe that an infraction was committed. 3. The notice of infraction shall be in substantially the same form as prescribed in RCW 7.80.070 for civil infractions. B. Any person who receives a notice of infraction shall respond within fifteen (15) days of the notice in the manner prescribed in RCW 7.80.080. Pursuant to RCW 7.80.080(5), if any person issued a notice of infraction fails to respond to the notice, or fails to appear at a hearing requested, the Court shall enter an appropriate order assessing the monetary penalty prescribed for the civil infraction. C. A person found to have committed an infraction shall be assessed a monetary penalty of $150.00 for each violation. Each day or part of a day during which the violation is committed, continued or permitted shall constitute a separate violation. D. In lieu of payment of the monetary penalty assessed herein, any person receiving a notice of infraction may perform community service under such terms and conditions as may— be prescribed by the Court. E. Pursuant to RCW 7.80.160, a person who fails to sign a notice of civil infraction or willfully violates his or her written and signed promise to appear in court or his or her written and signed promise to respond to a notice of civil infraction is guilty of a misdemeanor punishable by a fine not to exceed One Thousand Dollars ($1,000.00) and/or imprisonment not exceeding ninety (90) days. A person who willfully fails to pay a monetary penalty as required by a court under this chapter may be found in contempt of court as provided in chapter 7.21 RCW. F. Except for Section 9.07.070(E) above, all proceedings under this ordinance shall be civil in nature. Section 2. Expiration. This ordinance shall expire 11:59 p.m. March 20, 1995 unless prior to that date, the City Council, by ordinance, extends the duration of this ordinance. 11 Section 3. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED APPROVED day of day of PUBLISHED day of 12 . 1994. . 1994. 1994. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. curfeA.ord BRENDA JACOBER, CITY CLERK 13 (SEAL) SUBJECT: YOUTH/TEEN CENTER REPORT Kent City Council Meeting Date June 21. 1994 Category Other Business 2. SUMMARY STATEMENT: The City Council has received the report of the Youth/Teen Task Force regarding construction of a Youth/Teen Center. The report was referred to Administration for review and recommendation. Subsequently, public hearings have been held, and staff review has been conducted. -91:aff - -- be — -r v 3. EXHIBITS: Youth/Teen Report 4. RECOMMENDED BY: Youth/Teen Task Force Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO --,L— YES. 6. EXPENDITURE REQUIRED: $ See attached Youth/Teen Report SOURCE OF FUNDS: See attached Youth/Teen Report CITY COUNCIL ACTION: Councilmember moves, Councilmember DISCUSSION: ACTION: econds Council Agenda Item No. 4C CITY OF KENT PARKS AND RECREATION YOUTH/TEEN REPORT BACKGROUND: The Kent City Council authorized the formation of a task force to investigate the feasibility of creating a youth/teen center. The task force was assigned objectives that included funding sources, location, types of activities, staffing needs and operating costs. The task force was also asked to explore the option of using school district facilities. On May 2, the task force presented its report to Kent City Council. This was a culmination of sixteen months of extensive research related to the objectives requested of the task force. Following the presentation, the City Council passed a motion to refer the proposal to the Parks Committee to conduct public hearings and have administration analyze the report. The motion further stated that the council discuss the feasibility of the Youth/Teen Center proposal and that the Council make a final decision on the future of the Youth/Teen Center task force's project no later than the Council's June 21, regular meeting. CURRENT SITUATION: At the direction of the Parks Committee, staff conducted three public hearings in the downtown, east and west hills of Kent. Staff also researched what nine other cities are doing as it relates to youth and teen programs. These cities were from within the region, throughout Washington and other states. Staff also met with Kent School District staff to discuss mutual activities and facility use as it pertains to non-traditional programs as opposed to traditional activities currently conducted such as sports, arts, crafts and dance. CONCLUSIONS: A. The task force concluded and proposed the following recommendations: • Place a $7.6 million bond issue on the November ballot for the construction of a youth/teen center. • Acquire the 13.2 acre Morrill homestead property for building a youth/teen center. • offer two satellite programs twice a week at school sites in West Hill and downtown Kent. • The youth/teen center to operate with shared support from human services, businesses, law enforcement, churches, community groups and volunteers. . Pursue bus service to and from the teen/youth center. • Continue the partnership of the task force and Kent School District. B. Public Hearings: (Conclusions not determined as of 6/14/94). C. Staff: • Allocate funds to develop programs for at -risk youth to allow for activities close to neighborhoods using centers, schools, churches, apartment complexes. These funds should not be taken from current programs (maintain same level of traditional programs). • Develop partnerships with school districts beyond current use of facilities and programs by emphasizing communication and cooperation at the highest level including elected officials. Re-examine use of school facilities. _ • Involve the family in programs so as not to isolate youth/teens. Provide activities and events that generate family interaction. • Develop partnerships with other youth organizations, businesses, other city departments, churches, and social and health agencies. • Secure transportation (city vans) to provide trips and outings similar to the senior program. Also provide transportation to reintroduce the "funmobile" that takes recreation staff and activities into neighborhoods. • Kent Commons could be used for youth/teen programs from 3:00 p.m. - 7:00 p.m. weekdays, late night Fridays and Saturdays. Approximate loss of revenue is $100,000. cost for staffing not determined. (Assume cost $143,750 from updated teen center budget plus cost of police). OPTIONS: Item Net Operating Cost 1. • If approved by voters, construct $539,000 (1996) youth/teen center • Expand Project Lighthouse as per $218,920 (1995) task force • Encourage partnerships option 1 Cost $747,920 2. • Allocation additional funds to expand $300,000 (1995) youth/teen programs within neighborhoods and apartments in the east and west hills and downtown Kent • Continue current level of city support $113,000 (1995) to Project Lighthouse • Re-examine school partnership beyond current programs to include different uses of school buildings and joint programs Option 2 Cost _$413,000 3. Continue current level of city support to Project Lighthouse • Encourage partnerships Option 3 Cost FUNDING SOURCES FOR MAINTENANCE AND OPERATION: $113,000 (1994 funding level) Includes one FTE, part-time & supplies $113,000 C. Approve a dedicated source of new -revenue equal to finance the option chosen. options for raising such revenue are: 1. Increase utility tax (each 1/10 of 1% is equal to $100,000) * 2. Levy the 2nd quarter percent real estate excise tax (generates $500,000). * Real estate excise tax funds are used for capital improvement; if approved, city sales tax funds would be transferred from the capital to general fund budget. Y Kent City Council Meeting Date June 21, 199 Category Bids 1. SUBJECT: HEARING PROTECTION SYSTEM CONTRACT - APPROVAL 2. SUMMARY STATEMENT: A project related to a hearing protection/communication system for emergency response apparatus was authorized within the 1994 Capital Improvement Program, based on previous information that indicated noise levels in and around apparatus may be contributing to hearing loss of personnel and interfering with communications. 3. The responses received from the Request For Proposals were evaluated based on previous criteria. As a result, Bear Communications of Seattle, with the Sigtronics Ultra Sound System, is being recommended along with the purchase of related portable radios. Authorization is requested for the Mayor to sign the necessary contracts and for the Fire Department to purchase the related portables, after review and approval of the contract by the City Attorney's Office. Summary 4. ommittee WQS�SLvSSed 5. �CL-fb, CD tMYYtte �YttS YES a v�d 4- hit `rete y U D fe d 1aY\aY1i rvlov sly +� a PP�o�e ��k-. 6. identified St�L EN AA0QED 1 7 J/v seconds that the proposal for a hearing protection system be awarded to Bear Communications of Seattle for the Sigtronics Ultra Sound System in the amount of $36,482.95, that the Fire Department be authorized to purchase the associated portable radios in the amount of $24,280, and that the Mayor be authorized to sign the contracts after review and approval by the City Attorney. DISCUSSION• sem 100W ACTION: ,Rj "A? Ove" CAN - Council Agenda Item No. 5A TO: Chief Angelo FROM: Lt. Carroll SUBJ.: Headset Committee Report DATE: June 7, 1994 RE: Hearing Protection/Communication Headset Selection Chief, The headset committee has concluded it's RFP process after lengthy demonstrations, as well as having reviewed and scored the returned RFP responses from vendors of six different products. The Sigtronics Ultrasound System, bid by Bear Communications of Seattle is the unanimous choice of the committee. It -outscored all other products, and was particularly strong in the following areas: 1) The SE -2 headsets are universal: any headset can operate in any position on any apparatus thereby reducing spares required and any downtime involved with maintenance. 2) The Ultrasound is the only system that allows the officer to select either a voice-activated intercom or a "hot-mic" intercom depending on the situation, background noise, crew preference, etc. 3) The Ultrasound has the simplest controls for operating in a dual -radio environment. When units respond on mutual aid into non -Valley Comm districts, they use the same radio push -to -talk switch, and have a one - switch selection of the priority radio. They can choose to either monitor or ignore their "home" frequency during the incident with a single switch. 4) The Ultrasound received universally high recommendations, not only from local users including District 43, but also from large departments like Los Angeles County and Phoenix. Phoenix reported 75+ systems in service for 3+ years without a single system failure. 5) The Ultrasound system represents a $48,000+ savings over the "industry leader" system which scored significantly lower in performance. At the same time the Ultrasound best meets our overall operational objectives. 6) Bear Communications is located in SouthPark and is an authorized Motorola dealer. Our representative is a former Motorola rep of 15 years and was extremely knowledgeable and helpful during the demonstration period. It is the recommendation of the Headset Committee that the Department award the contract for purchase and installation of the hearing protection/communication headsets to Sigtronics Ultrasound as proposed by Bear Communications of Seattle. EXECUTIVE SUMMARY JUNE 14, 1994 TO: KENT PUBLIC SAFETY COMMITTEE FROM: NORM ANGELO, FIRE CHIEF /7020 , SUBJECT: HEARING PROTECTION SYSTEM/CONTRACT BACKGROUND Within the 1994 Capital Improvement Program a project related to hearing protection/communication system for emergency response apparatus was authorized. This is based on previous information that indicated noise levels in and around apparatus was possibly contributing to the hearing loss of personnel. The noise was also interfering with communications. Hearing protection options were researched and all interested vendors were allowed to demonstrate systems. Systems in use in other fire departments were researched and field testing was conducted with Kent Fire units. After having received responses from the Request For Proposals, evaluations based on previously set criteria were made. As a result of that evaluation the project committee and the department are recommending awarding the proposal to Bear Communications of Seattle for the Sigtronics Ultra Sound System. Also as part of the hearing protection system the necessary portable radios will be purchased from Motorola based on the already awarded contract and in order to be compatible with the existing 800MHz system. Original budget was $82,000 the Sigtronic system will be $36,482.95. The purchase of portables from Motorola will cost $24,280. The total project costs will be $60,762.95 which is more than $20,000 under budget. We request that the remaining budget be left in place until the completion of the project for unanticipated costs which we expect to be minimal. After reviewing of the contract and approval by the City Attorney's office we are requesting authorization for the Mayor to sign the necessary contracts. We are also requesting authority for the Fire Department to purchase the related portables. CONTINUED COMMUNICATIONS A. R E P O R T S A. COUNCIL PRESID B. OPERATIONS C. PUBLIC WORKS COMMI D. PLANNING COMMI E. PUBLIC SAFETY COMMITT F. PARKS G. ADMINISTRATIVE REPORTS OPERATIONS COMMITTEE MINUTES MAY 119 1994 COMMITTEE MEMBERS PRESENT: Jon Johnson, Leona Orr STAFF PRESENT: Roger Lubovich, Brent McFall, May Miller, Kelli O'Donnell MEMBERS OF THE PUBLIC: Cheryl Reid The meeting was called to order at 9:33 a.m. by Chairperson Johnson. Approval of Vouchers All claims for the period ending April 29, 1994, in the amounts of $1,756,949.93 were approved for payment. Authorization for Full Time Admin Assist I - Operations Director of Operations McFall informed the Committee that the Mayor's Office/Operations combined currently has two support personnel. He noted that one is a full time position held by Jan Banister and the other is a part time position which is at the 60% level that is held by Kelli O'Donnell. McFall reported that the workload has increased with the addition of a full time mayor as well as the Director of Operations and Arthur Martin. The workload was compounded previously when the department absorbed the loss of the receptionist. McFall concluded that the current incumbent is willing to go full time which would be a big help in providing support for the Office and Council with an annual cost of $18,000 which would come out of the general fund. Committeemember Orr asked if the current part time position receives full benefits. McFall responded that medical is at full time equivalent but the rest are pro rated such as retirement, etc. After further discussion, Orr moved to approve the request to change the position to full time. Johnson seconded the motion which passed 2-0. 1 st Quarter Financial Report (Cont.) Finance Manager Miller reviewed the First Quarter Financial Report with the Committee. During her review, Miller noted that on Page 3 the receivables reflected special assessments which require over a year before foreclosure. Miller noted that the city is continuing to work with a collection agency and will be looking at possible options for Court collections. McFall added that under the best circumstances court collections tend to run low and the city is planning to aggressively pursue delinquencies. During further review, Miller noted that as of April sales tax is ahead overall by 6.3%. Miller cautioned that it is too early to tell how long this trend will continue. Miller noted on page I 1 that there was a decrease in contracting and manufacturing but an increase of 8.6% in retail and 15.5% in services. During review of building permits, McFall noted that a leading indicator that is positive is the number of SEPA reviews which have been high. He added that they are not showing in building projects yet but it is a hopeful sign. Miller noted that citation revenues are way up which may be reflective of the new municipal court. After completing the review, Miller noted the budget process calendar stating that the budget call is scheduled for 6/1/94. Miller stated that the second quarter report will come to the Operations Committee on July 27th and will give a better idea of what the 1995 baseline should be followed by department meetings with administration in August. Miller pointed out that this is a draft calendar and can be changed if Council wishes. McFall stated that it is up to Council how much of the budget they wish to deal with as a committee of the whole or through the Operations Committee . Miller asked to be notified if Council has any suggestions or changes. Committee Chair Johnson adjourned the meeting at 9:57 a.m