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.
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1,01:'1'ION OF 45'fll PLACE S.
JUS 2 91993 r
CITYOF KENT `,
RESOLUTION #1364.(#STV-93-2)
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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:
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�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.
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` 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
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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
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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•
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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