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City Council Meeting - Council - Agenda - 08/07/2001
� City of. Kent City Council Meeting Agenda Please note special time for this meeting: 5:00 p.m. �3 KENT W A S H I N G T O N Mayor Jim White Councilmembers Leona Orr, President Tom Brotherton Judy Woods Tim Clark Rico Yingling Connie Epperly August 7, 2001 Office of the City Clerk e K E N T SUMMARY AGENDA WASH INOTON KENT CITY COUNCIL MEETING August 7, 2001 Council Chambers 5:00 p.m. Special Meeting MAYOR: Jim White COUNCILMEMBERS: Leona Orr, President Tom Brotherton Tim Clark Connie Epperly Judy Woods Rico Yingling 1. CALL TO ORDER/FLAG SALUTE 2 . ROLL CALL 3 . CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC 4 . PUBLIC COMMUNICATIONS A. Introduction of Yangzhou, China Exchange Students B. Introduction of Acting Fire Chief C. Employee of the Month 5 , PUBLIC HEARINGS None 6 . CONSENT CALENDAR A. Minutes - Approval B. Bills - Approval C. Capital Improvement Plan - Set Hearing Date for August 21, 2001 D. Agricultural Lands Moratorium - Set Hearing Date for September 4, 2001 L` E. Neglect of a Child or Dependent Person - Ordinance 3 F. Hobby Cannon Fuse Material - Ordinance .360 G. Firearms, Dangerous Weapons and Explosives - Ordinance3 VPIT'' H. Towing/Impoundment - Ordinance 15891 I . So. 196th' Street Bridge - Accept as Complete 7 . OTHER BUSINESS A. Acceptance of Applications and Establishment of Process for Evaluation and Appointment to Vacant Council Position 8 . BIDS None (continued next page) SUMMARY AGENDA CONTINUED 9. REPORTS FROM STANDING COMMITTEES AND STAFF 10 . REPORTS FROM SPECIAL COMMITTEES 11 . CONTINUED COMMUNICATIONS 12 . EXECUTIVE SESSION A. Property Acquisition 13 . ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page is on the City of Kent web site at www.ci .kent .wa.us. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388 . r k �' RMVES TV,�B°' E11mA 1 i Citizens wishing to address the Council vAll, at this time, make known the subject of interest, so al;I sty be properly heard. A) FROM COUNCIL, ADMINISTRATION, QR STAFF eOil B) FROM THE PUBLIP Oi `r t rG s F p k � 1. I , Wf p „k:o PUBLJC COIF#"'ICATIONS A) INTRODUCTION OF YANd=t, CHINA E*C� S.TUDENTS B) INTRODUCTION OF JhCTINO 'FIRE CHIEF fi a� i C).' EMPLOYEE OF THE XONTH ! r. I - - I 4 1! , I „ . 1 � k h: • i ' k I t k i tF u ' . ,r SENT CI► PJI7 E 4h ? Councilmember moves, Caunc�:l mb r W seconds to approve Cc ont Calendar ItemsAl'thiOugh I. Discussion Action 6A. A02roval of Minutes. Approval of the minutes, of the 'regular ,,C6 ci - M eting of July 17, 2001 . `;u , 6B. Avproyal of Bills,. The Operations Committee was cancelled,, ©val of payment of bills received through Jul 15 and ! �3 Y paid,; 'JUly 16, were approved prior to the Council meeting of, L �l'y 17 ' 2001. Approval - of checks iss d for youcherg: Date 2 ck Numbers 7/1/01 New series of tecks - 'New system, !49a fect for this run , 7/16/01 520001-520�360 $i 3; 9,4;37 i pproal -Of gherksd fora,? fo ', and paid on July 5, 2001; as we'll as checks issued fOP. 4W,0 1 of July 15 and paid on July 20, 20PI: Date Ch ct Mag2grs Ami 7/5/01 Checks 2$�047-253435 7/5;/01 Advices 11U01-114329 7 6!5�"'o61.18 7/20/01 Checks 253436-253811 $ ' 2 ° '68.73 7/20/01 Advices 114330-114992 ° ` �.�" Council.49 Item No.A6eA-El Kent, Washington July 17, 2001 The regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White . Councilmembers present : Brotherton, Clark, Epperly, Orr, and Yingling. Others present : Interim Chief Administrative Officer Martin, City Attorney Lubovich, Police Chief Crawford, Fire Chief Angelo, Public Works Director Wickstrom, Acting Community Development Director Satterstrom, Finance Director Miller, Parks, Recreation and Community Services Director Hodgson and Employee Services Director Viseth. Councilmembers Woods was excused from the meeting. Approximately 50 people were at the meeting. CHANGES TO THE AGENDA Orr added an excused absence for Councilmember Woods as Consent Calendar Item 6I . Martin took Public Communications Item 4B off the agenda. The City Attorney added pending litigation and labor negotiations to the Executive Session. Continued Communications Items 11A, B and C were added at the request of citizens . PUBLIC COMMUNICATIONS National Night Out. Mayor White read a proclamation noting that it is important that all citizens of the City of Kent know the value of crime prevention programs and the impact that citizen participation can have on reducing crime and drug abuse, and proclaimed August 7, 2001, as National Night Out in the City of Kent . He encouraged citizens, neighborhoods and communities to participate . Judy Mauhl, Public Education Specialist in the Police Department, accepted the proclamation, explained the Block Watch program, and said anyone interested in participating could call her at the Police Department . Introduction of Appointees. Mayor White introduced Diana Albertson, his appointment to the Kent Arts Commission. CONSENT CALENDAR ORR MOVED to approve Consent Calendar Items A through I . Clark seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 6A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of July 3 , 2001 . 1 Kent City Council Minutes July 17, 2001 BILLS OF SALE (CONSENT CALENDAR - ITEM 6E) Silver Springs Apartments Bill of Sale. ACCEPT the Bill of Sale for the Silver Springs Apartments submitted by Silver Springs Apartments, LLC for continuous operation and maintenance of 1, 999 feet of water mains, 1, 772 feet of sanitary sewer, 1, 270 feet of street improvements and 525 feet of storm sewer, as recommended by the Public Works Director. (CONSENT CALENDAR - ITEM 6F) Rhododendron Estates Bill of Sale. ACCEPT the Bill of Sale for Rhododendron Estates submitted by N & G Developments LLC for continuous operation and mainte- nance of 1, 784 feet of sanitary sewers, 960 feet of street improvements and 1, 205 feet of storm sewer, as recommended by the Public Works Director. WATER (CONSENT CALENDAR - ITEM 6C) Best Management Practices for Road, Water and Wastewater Maintenance Activities. PASSAGE of Resolution No. 1598 establishing Best Management Practices (BMP ' s) for road maintenance and water and wastewater maintenance activi- ties, as recommended by the Public Works Committee. Adopting these BMP ' s promotes the conservation and protection of threatened or endangered species as they are affected by the City' s maintenance and operation of its street and utility systems . (CONSENT CALENDAR - ITEM 6D) Seattle 2001 Water Supply Agreement. AUTHORIZATION for the Mayor to negotiate and execute a Water Purchase Agreement with the City of Seattle as outlined in the memorandum of the Public Works Director subject to the concurrence with the language, terms and conditions by the Public Works Director and the City Attorney, as recommended by the Public Works Committee . STREETS (OTHER BUSINESS - ITEM 7C) 72nd Avenue South Pavement Reconstruction and Overlay Funding. In a memorandum, the Public Works Director requested authorization to transfer funds for the 72nd Avenue South Pavement Reconstruction project . This matter was not considered by the Public Works Committee 2 Kent City Council Minutes July 17, 2001 STREETS due to time constraints, and is therefore being sent directly to the full Council for action. Wickstrom noted that this project will provide a link on 72nd Avenue South from 196th north to 180th. He explained the proposed transfer of funds and the reasons for it . CLARK MOVED to authorize the recommended budget transfer of funds, in accordance with the Public Works Director' s memorandum of July loth, for the construction of the 72nd Avenue South Pavement Reconstruction pro- ject . Epperly seconded. Clark reminded the public that 180th will be closed which will cause considerable congestion, and that this project will provide an alternative . The motion then carried. (BIDS - ITEM 8A) 72nd Avenue South Pavement Reconstruction and Overlay. The bid opening for this project was held on July 3rd with three bids received. The low bid was submitted by Scarsella Brothers in the amount of $768 , 768 . 68 . The Engineer' s estimate was $916, 903 . 56 . The Public Works Director recommends awarding this contract to Scarsella Brothers . CLARK MOVED that the 72nd Avenue South Pavement Reconstruction project be awarded to Scarsella Brothers for the bid amount of $768, 768 . 68 , including applicable tax. Epperly seconded and the motion carried. (BIDS - ITEM 8B) BID 352, 1st, 3rd and 5th Avenue S . Storm Drain Improvements . The bid opening for this project was held on July 3rd with 13 bids received. The low bid was submitted by Scarsella Brothers in the amount of $1, 124 , 166 . 43 . The Engineer' s estimate was $1, 284, 063 . 04 . The Public Works Director recommends awarding this contract to Scarsella Brothers . CLARK MOVED that the LID 352 - 1st, 3rd & 5th Avenue S . Storm Drain Improvements project be awarded to Scarsella Brothers for the bid amount of $1 , 124 , 166 .43 , including applicable tax. Epperly seconded and the motion carried. 3 Kent City Council Minutes July 17, 2001 ANNEXATION ZONING (PUBLIC HEARINGS - ITEM 5A) DeMarco Annexation Zoning, First Hearing. On May 21, 2001, the Land Use and Planning Board held a public hearing on both the annexation zoning map amendments and the comprehensive plan amendments for the DeMarco Annexation area. This is the first of two public hearings to be held; the second is scheduled for August 21 . Acting Community Development Director Satterstrom dis- played a map of the area and noted that most of it is residential, with the exception of the corner of 116th and 240th which the Board recommended NCC (Neighborhood Convenience Commercial) , and the area east of that running down to 120th which was recommended MRT16 . He explained that MRT zoning only allows condominiums, and that 16 would be the maximum density. He noted receipt of letters from Dan and Kathy Withem and from Brad and Gina Martin on this issue. ORR MOVED to make those letters part of the record. Clark seconded and the motion carried. The Mayor declared the public hearing open. Greg Nick, 11660 SE 234th, questioned whether the R6 zoning would be changed. Kevin Joyce, 11858 SE 236th Street, submitted a stack of letters and some photos, and said the home- owners within or adjacent to the DeMarco 'Annexation are adamantly opposed to the four proposed alternatives pertaining to zoning. He said their concerns are school overcrowding, traffic congestion, wetlands, and adverse affect to surrounding land values . He said the Lotto, Toppano and Teters properties seem to be given maximum financial benefit without regard to the adverse affect to the other properties and issues . He proposed that the East Hill Nursery zoning be maintained and that all other properties maintain SR6 or less zoning. Fred Mendoza, 555 West Smith St . , representing the owners of East Hill Nursery, explained that the owners had petitioned King County to change the zoning designation to a commercial designation to be consistent with its current use, which was accomplished in 2000 . He noted that the City has a close equivalent which is NCC and requested that the zoning be retained as commercial . He stated that placing neighborhood-oriented small businesses in this area would 4 Kent City Council Minutes July 17, 2001 ANNEXATION ZONING be beneficial to the neighborhood and would likely decrease traffic. Mendoza added that he will present a letter to the City Clerk' s Office before the next Council meeting. Julie DeMarco, 13004 SE 234th, stated that residents have seen commercial buildings in the area sit vacant for years and seen drivers speed through the neighborhood to avoid traffic . She said the decision of the Land Use and Planning Board does not reflect the feelings of the community and asked that the Council either give the area a single family density or give it the least density townhome designation. Jean Lambert, 12451 SE 235th Street, said their concerns about increased density, increased traffic and increased vandalism have not changed. She urged the Council to consider keeping owner-occupied townhomes, and keeping the density as low as possible . Bob Fuchs, 12125 SE 236th, voiced concern about traffic near the school and said speed bumps may be needed. He also said density would mean more children attending the school and that it is already saturated. Ted Kogita, 25227 Reith Road, said traffic on Military Road is so slow that people are using side roads to avoid it, which is dangerous for the residents . Diana Banksend, 12401 SE 235th, submitted traffic reports from King County regarding traffic volumes and speeds . Don Huling, 12320 SE 235th, reiterated that residents want low density. There were no further comments from the audience and ORR MOVED to close the public hearing. Clark seconded and the motion carried. Satterstrom explained that the density which the Land Use and Planning Board is proposing is very similar to what the County zoning was, and pointed out that the major difference is that in the City single family houses must be detached and that the County allows units to be attached in a townhouse configuration. In regard to multifamily, Satterstrom said the Land Use and Planning Board' s recommendation is 16 units per acre density with condominiums only and the County' s was 18 units per acre density with no stipulation as to condominium or apartment . 5 Kent City Council Minutes July 17, 2C01 ANNEXATION ZONING ORR MOVED to make all of the documents received a part of the public record. Clark seconded and the motion carried. PLAT (CONSENT CALENDAR - ITEM 6H) Hillside Manor Final Plat (FSU-96-26/KIVA #2010868) . APPROVAL of the Hillside Manor Final Plat with condi- tions and authorization for the Mayor to sign the final plat mylar. This final application was submitted by Baima & Holmberg Inc . The Hearing Examiner issued the Findings with conditions on the preliminary plat on April 2 , 1997 . Based upon a Plat Alteration filed by the applicant, new Findings with conditions were issued by the Hearing Examiner on November 22 , 2000 . AGRICULTURAL LAND MORATORIUM (OTHER BUSINESS - ITEM 7B) Agricultural Land Moratorium. The Land Use and Planning Board is reviewing land use policies related to agricul- tural lands with the zoning designations of Agricultural (Al) and Agricultural General (AG) . During this review period, it is possible that the City could receive applications for subdivisions or short plats or other similar applications, including rezones, which would significantly increase the number of lots and/or the density of the current .agricultural lands, defeating the purpose of the agricultural land policies . Therefore, a moratorium is recommended for such land use applications on agricultural lands designated Agricultural (A-1) and Agricultural General (AG) until additional review and analysis has been completed by the Land Use and Planning Board and the City Council . Satterstrom predicted that the Land Use and Planning Board would have a proposal in about four months . Lubovich noted that if passed tonight, the moratorium goes into effect immediately and a hearing would have to be held within 60 days. He also explained which lots would be affected. BROTHERTON MOVED to pass Resolution No. 1599 which establishes a six-month moratorium on the acceptance of applications for subdivisions or short plats or other 6 Kent City Council Minutes July 17, 2001 AGRICULTURAL LAND MORATORIUM similar applications, including rezones, which would significantly increase the number of lots and/or density of agricultural lands . Orr seconded. Brotherton said many changes have occurred in the last 17 years and it is time to look at the policy again. The motion then carried. COUNCIL (OTHER BUSINESS - ITEM 7A) Resignation of Councilmember Amodt. As set forth in a letter to the Public Disclosure Commission dated June 15, 2001 and an unsigned fax to Council President Orr and the City Council, Ms . Sandy Amodt has resigned from the Kent City Council effective June 30, 2001 . ORR MOVED to accept Ms . Sandy Amodt ' s resignation from the Kent City Council effective June 30, 2001, and to make the letters of resignation a part of the record. Clark seconded and the motion carried. ORR announced that, due to this resignation, the City will be soliciting candidates for the position. She explained the process and timing, and MOVED to accept resumes or letters of interest through the close of business on August 6, 2001, for the interim position. Clark seconded and the motion carried. (CONSENT CALENDAR - ITEM 6I) (ADDED BY COUNCIL PRESIDENT ORR) Council Absence. APPROVAL of an excused absence from tonight ' s meeting for Councilmember Woods, as she is unable to attend. PARKS (CONSENT CALENDAR - ITEM 6G) Arts Commission Appointment. CONFIRMATION of the Mayor' s appointment of Diana Albertson to serve as a member of the Kent Arts Commission. Ms . Albertson is a 14 year resident of the City of Kent and she and her family reside on Scenic Hill . She is President of Paradigm Consulting Services, serves on the Board of Directors of the Kent Chamber of Commerce, and has been active in the arts. She will replace June Leonard, who resigned, and her term will continue until 10/31/2005 . 7 Kent City Council Minutes July 17, 2001 FINANCE (CONSENT CALENDAR - ITEM 6B) Approval of Bills. APPROVAL of payment of the bills received through June 29 and paid on June 29 after auditing by the Operations Committee on July 3 , 2001 . Approval of checks issued for vouchers : Date Check Numbers Amount 6/29/01 515116-515378 $1, 326, 831 .41 6/29/01 515379-515954 2 , 566 , 904 . 70 $3 , 893 , 736 . 11 Approval of checks issued for payroll for June 1 through June 15 and paid on June 20 , 2001 : Date Check Numbers Amount 6/20/01 Checks 252691-253046 $ 306 , 378 . 90 6/20/01 Advices 112956-113600 1 , 028 , 817 . 19 $1, 335, 196 . 09 REPORTS Public Works . Clark announced that he will attend the GMPC meeting regarding a proposed amendment to the Growth Management Act which affects the City' s agricultural policy and will reiterate the City' s objection to the proposal . Administrative Reports. Martin reminded Councilmembers of the executive session dealing with potential litiga- tion, pending litigation and labor negotiations, which would take 20-30 minutes . ADDED ITEMS (CONTINUED COMMUNICATION - ITEM 11A) Editing of Council Tapes. Joe Rubio, 3831 S . 248th, voiced opposition to editing tapes of meetings before the public can see them. He said some people feel intimidated by the Mayor and some Councilmembers, not by the cameras . He said people who make libelous state- ments should be punished, but that others should see the meetings in tact . He urged that the issue never be brought up again. 8 Kent City Council Minutes July 17, 2001 ADDED ITEMS (CONTINUED COMMUNICATION - ITEM 11B) Golf Course Proposal. Robert O 'Brien, 1131 Seattle St . , updated information he submitted previously on putting the 9-hole golf course, driving range and miniature golf facility out to bid to Kent small business contractors . He said he had listed: expenses, maintenance at $186, 000, equipment at $21, 000 , and PGM Management Company at $115, 000 . He explained that these figures are estimates as final data for 2000 has not been provided, and noted that the $115, 000 should be $218, 000 . He apologized to the Council for not getting the number right and said when final figures are received, he will do another update . (CONTINUED COMMUNICATION - ITEM 11C) Government TV Channel 21. Ted Koaita, 25227 Reith Road, objected to the City spending money and using time to do a study on the Channel 21 issue . He said he has been intimidated and that there is an error on the web page regarding his comments on lawn watering and that Clark' s comments on freedom of speech do not appear on the web page, which is censorship. Clark stated that meetings of the City Council are not a forum for free speech, and that the Council is bound by policy. He pointed out that Councilmembers can be ejected from the meeting for behavior which disturbs the public meeting, and that that is necessary for the public order. He said that the truthfulness of some of the statements and allegations made at the microphone is a matter of concern because of the morale factor, in terms of untrue statements which are carried forward as if they are truths that go unchallenged. He said it has always been the policy of the Council to accept in any public hearing the testimony of the audience, but that there needs to be legitimacy in the assertions . He said it is a problem when the meeting becomes a forum to expound that which is false and in some cases injurious, and that it is in the interest of the Council to not support that type of abuse of freedom of speech. He explained that freedom of speech is not an unlimited right, and has never been. Clark said it is appropriate for this Council to review a policy in terms of what conduct will be accepted at the microphone . 9 Kent City Council Minutes July 17, 2001 ADDED ITEMS Brotherton said intimidation is a problem, that some citizens feel their issues are important only to them, or are too minor to bring up on tv, and that there should be a way for such citizens to talk to the Council . He noted that citizens often ask questions and said he ' d like notice of the questions ahead of time . He also expressed concern about broadcasting attacks on private citizens . Mayor White reminded Councilmembers that attacks on them in a public setting come with the territory, and urged them not to cut off public debate . He challenged citizens who come to the Council and make allegations to establish some truth to them. EXECUTIVE SESSION At 8 : 09 the meeting recessed to Executive Session for approximately 20 minutes . The meeting reconvened at 8 :45 . Labor Negotiations. YINGLING MOVED, upon final review and approval from the City Attorney' s Office, to authorize the Mayor to sign a three-year collective bargaining agreement with the Washington State Council of County and City Employees (AFSCME) Union, Local 2617 , effective January 1, 2001 through December 31, 2003 . Brotherton seconded and the motion carried. ADJOURNMENT At 8 :46 p.m. , Orr moved to adjourn, Clark seconded and the motion carried. Brenda Jacober, CMC City Clerk 10 KentCity Council Meeting Date; _„ Auctust 7, 2001 Category Consent Calendar 1. SUBJECT: CAPITAL IMPROVEMENT PLAN - SEV HEARING DATE 2 . SiTNOGM STATEYOW: The public hearing on the annual Capital Improvement Plan is hereby scheduled for August 21, 2001. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Finance Director (Committee, Staff, Examiner, Commission, ! etp. ) 5 . UNBUDGETED FISCAL/PE QMM IMPACT: NOS YES X 6 . rbXPEIMITURE REQUIRED: $ SOURCE OF FUNDS,: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember , seconds DISCUSSION: ' ACTION• Council Agenda Item No. 6C Kent E City, "Council Meeting ` Date' Aught 7 01 Category. Cc�nsen dal 1 . SUBJECT: AGRICULTURAL LANDS MORATORIUM - 'SET REARING DATE 2 . STATEMOIT: Pursuant to Resoluti;Qn No. 1599, the public hearing on the Agricultural Lands Moratorium is hereby scheduled for September,, 4, 2001. 3 . EXHIBITS: None 4 . RECOIEATDED BY: Staff R (Committee, Staff, EXAminer, Commission, �et�,, ) I 5. UNBUDGETED FISCAL/PERS L Ili„ =: Np :,� YES 6. ZXP=ITURE REQUIREDa " ,f SOURCE OF FUNDS: 7. CITY COUNCIL ACTIOAj: Councilmember moves, Councilmembe�r seconds DISCUSSION: ACTION: Council Agenda Item No. 6D 9 y 'Council meeting Dat ug t 7. Cat, otS? t Qal ar 1 . SUBJECT: NEGLECT 01*IIA CHILD OR DEPEND ,PERSON - ORDINANCE 2 . SUMMARY S=EMENT: Adoption of Ordinance 140. amending KCC 9.02 .25 pertaining to negligent behavior. , Many cases of child neglect or neglect of dependant persons go unprosecuted because they do not meet the ,.Otatutory definition of child abandonment in RCW 9A.42 .060, RCW ,;9,A.42 ..070, and RCW 9A.42 .080 . Because thASe cases do not meetthe state statutory definition of child abandonment, the City has,, by previous ordinance, made it a crime to withhold tho basic necessities of life or to maintain li;v�ing conditions that, 'would endanger these children or dependent persons. However, gome ' ohildren and dependant persons are Also put at risk whew t# y are left unattended and unsupervised for minutes tq ,ho*'rs at a time, leaving them vulnerable and at risk to bodily„'injury (for example, and without limitation, by leavi ' �,chiildren asleep and unattended at home, or failing to supervise a ;home, allowing a child to leave the home; and wander away) . Section 9.02 .25 of the Kent City Code, as currently enacted, doeia not pertain to issues of neglectful supervision and lack bf "upervision; - therefore, the revision's in the proposed p3o'dixiance are necessary in order to criminalize neglectful Oupe'rvision and lack of supervision. 3 . EXHIBITS: Ordinance 4 . RZCO24K NDBD BY: " (Committee, Staff, 'E*m;iner, Commissibij ''a t �' ) 5. UNA 91TED FISCAL/PLR ' , L IMPACT: NO YES 6 . EXPENDITURE REOUIRED: SO2 CE OF F-UNDS 7 . CITY C9-MMIL ACTION: Councilmember moves, Councilmembel seconds r.---- art— • DISCUSSION: ACTION: Council Agenda Item No. 6E ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 9.02.25 of the Kent City Code, entitled "Neglect of a child or dependent person," by adding two additional subsections pertaining to negligent behavior. WHEREAS, many cases of child neglect or neglect of dependant persons go unprosecuted because they do not meet the statutory definition of child abandonment in RCW 9A.42.060, RCW 9A.42.070, and RCW 9A.42.080; and WHEREAS, because these cases do not meet the state statutory definition of child abandonment, the City has, by previous ordinance, made it a crime to withhold the basic necessities of life or to maintain living conditions that would endanger these children or dependent persons; and WHEREAS, some children and dependant persons are also put at risk when they are left unattended and unsupervised for minutes to hours at a time, leaving them vulnerable and at risk to bodily injury (for example, and without limitation, by leaving children asleep and unattended at home, or failing to supervise at home, allowing a child to leave the home and wander away); and 1 Neglect of a Child or Dependent Person WHEREAS, Section 9.02.25 of the Kent City Code, as currently enacted, does not pertain to issues of neglectful supervision and lack of supervision; 0 therefore, the revisions are necessary in order to criminalize this neglectful supervision and lack of supervision; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 9.02.25 of the Kent City Code, entitled "Neglect of a child or dependent person," is hereby amended by adding two additional subsections to read as follows: Sec. 9.02.25. Neglect of a child or dependent person. A. A person is guilty of the crime of neglect of a child or dependent person if the person is a parent of a child, a person entrusted with the physical custody of a child or other dependent person, or a person employed to provide to the child or dependent person any of the basic necessities of life, and with criminal negligence, the person: 1. Withholds any of the basic necessities of life; or 2. Maintains living conditions that place the child or dependent person at a significant risk of disease, illness, or bodily injury.-; or 3. Supervises the child or dependent person and: a. as a result of such supervision the child or dependent person suffers bodily injury; or b. the supervision creates a substantial risk that the child or dependent person will suffer bodily injury, or 4. Fails to supervise the child or dependent person and: a. as a result of such failure the child or dependent person suffers bodily injury; or b. such failure creates a substantial risk that the child or dependent person will suffer bodily injury. 2 Neglect of a Child or Dependent Person B. In any prosecution for neglect of a child or dependent person, it shall be a defense that the withholding of the basic necessities of life or the maintenance of living conditions that place the child or dependent person at a significant risk of disease, illness, or bodily injury is due to financial inability only if the person charged has made a reasonable effort to obtain adequate assistance. This defense is available to a person employed to provide the basic necessities of life only when the agreed-upon payment has not been made. C. A person is criminally negligent or acts with criminal negligence when he or she fails to be aware of a substantial risk that a wrongful act may occur and his or her failure to be aware of such substantial risk constitutes a gross deviation from the standard of care that a reasonable person would exercise in the same situation. D. Child means a person under eighteen (18) years of age. E. Dependent person means a person who, because of physical or mental disability or because of advanced age, is dependent upon another person to provide the basic necessities of life. A resident of a nursing home as defined in RCW 18.51.010, a resident of an adult family home as defined in RCW 70.128.010, and a frail elderly or vulnerable adult as defined in RCW 74.34.020(8) is presumed to be a dependent person for purposes of this section. F. For the purposes of this section, bodily injury means physical pain, injury, illness, or impairment of physical condition that is more than minor or transient. G. Neglect of a child or dependent person is a gross misdemeanor. SECTION 2. — Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. 3 Neglect of a Child or Dependent Person SECTION 3. Effective Date. This Ordinance shall take effect and be in force thirty(30) days from and after its passage as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER LUBOVICH, CITY ATTORNEY PASSED: day of , 2001 APPROVED: day of , 2001. PUBLISHED: day of 92001. 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. (SEAL) BRENDA JACOBER, CITY CLERK P\Civil\Ordinance\ChtldNeglect-9-02-25 doc 4 Neglect of a Child or Dependent Person fit. ,of d 1 Kent .Ciay Council Meeting ' Date' August 7. 2001 Category-Consent Calendar 1. SUBJECT: HOBBY CANON FUSE MATERIAL - ORDINANCE 2 . SiTOMY STATEMENT: Adoption of Ordinance No. - which requires a gun store, dealer, or show doing; buoiness in the City of Kent to maintain a written record of any sale or exchange of fuse material for the purpose of, setting off hobby cannons. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Public §afety Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDOXTED FISCAL/PERS=& IMPACT• NO_-; � YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmembez seconds • DISCUSSION: ACTION: Council Agenda Item No. 6F • ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, enacting a new section 9.02.104 to the Kent City Code requiring the keeping of written records of sale transactions of hobby cannon fuse materials. THE CITY COUNCIL OF THE CITY OF KENT,WASHINGTON,DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The following new section 9.02.104, entitled "Hobby cannon fuse material—sale transaction—written record required,"is hereby added to the Kent City Code: Sec. 9.02.104. Hobby cannon fuse material—sale transaction—written record required. A. Every gun store, gun dealer, or gun show doing business in the city shall maintain a written record of any sale or exchange of fuse material used for the purpose of detonating hobby cannons. This record shall be in English and shall be written or electronically stored in an easily obtainable manner. The following information must be documented for each sale or exchange transaction: 1 Hobby Cannon Fuse Material 1. The signature of the person with whom the transaction is made; and 2. The date and time of the transaction; and 3. The name of the person or employee or the identification number of the person or employee conducting the transaction; and 4. The name, date of birth, sex, address and telephone number of the person with whom the transaction is made; and 5. The type of identification, including identifying number,used by the person with whom the transaction was made; and 6. The amount of cannon fuse purchased. B. The type of identification relied upon for the sale or exchange must consist of(1)a valid driver's license or identification card, issued by any state or (2) two pieces of identification issued by a governmental agency, one of which shall be descriptive of the person identified. At all times, at least one piece of current governmental identification will be required. C. This record shall at all times during the ordinary hours of business, or at reasonable times if ordinary hours of business are not kept, be open for inspection by any commissioned law enforcement officer. The person or entity who conducted the sale or exchange shall maintain these records for at least three years following the date of the transaction. SECTION 2. If any one or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. JIM WHITE, MAYOR 2 Hobby Cannon Fuse Material ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER LUBOVICH, CITY ATTORNEY PASSED: day of , 2001. APPROVED: day of , 2001. PUBLISHED: day of , 2001. 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. (SEAL) BRENDA JACOBER, CITY CLERK P L')R IAWAOfICC..iI U.LuesGu¢Rsadds 3 Hobby Cannon Fuse Material x Kent, City Council Meeting Date; August 7, 2001 Cate0o }r ColIg t Calendar 1. SUBJECT: FIREARMS, DANGEROUS WEAPONS AND EXPLOSIVES - ORDINANCE 2 . SUMMARY STATEMENT: Adoption of Ordinance No. amending Title 9 of the Kent City Code relating to firearms, dangerous weapons, and explosives. The proposed ordinance removes the RCW adoption by reference and adopts as a specific Kent City Code segtion with language that is substantially similar to RCW 70.74.310. The proposed ordinance makes it a gross misdemeanor for ,any person to either possess, leave, or to assist someone else in depositing any non-incendiary device in, any building or ar#y place. A non- incendiary device consists of a stink bomb,j stink paint, tear bomb, tear shell, explosive or flame-producing device, acid bomb, dry ice bomb or any other device, material, chemical or substance, which may annoy, injure, endanger or inconvenience • any person. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Public Safety Committee (Committee, Staff, Examiner, Commission, ,etc. ) 5. UNBUDgETED FISCAL/PER$ L IMP CT: N0 YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds y r DISCUSSION: ACTION: Council Agenda Item No. 6G ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Ch. 9.02 of the Criminal Code and adding a new section, all relating to illegal use of non-incendiary devices. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 9.02.100 of the Kent City Code, entitled "Firearms, dangerous weapons and explosives," is hereby amended to read as follows: Sec. 9.02.100. Firearms, dangerous weapons and explosives. The following sections of Chapters 9.41, 9.91 and 70.74 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. A. RCW 9.41.010 Terms defined. B. RCW 9.41.050 Carrying firearms. C. RCW 9.41.060 Exceptions to restrictions on carrying firearms. 1 Title 9 Revisions (Firearms,Dangerous Weapons&Bombs) D. RCW 9.41.140 Alteration of identifying marks—Exceptions. E. RCW 9.41.230 Aiming or discharging firearms, dangerous weapons. F. RCW 9.41.240 Possession of pistol by person from eighteen to twenty-one. G. RCW 9.41.250 Dangerous weapons—Penalty. H. RCW 9.41.260 Dangerous exhibitions. I. RCW 9.41.270 Weapons apparently capable of producing bodily harm — Unlawfully carrying or handling —Penalty—Exceptions. J. RCW 9.41.280 Possessing dangerous weapons on school facilities—Penalty—Exceptions. K. RCW 9.41.300 Weapons prohibited in certain places — Local laws and ordinances—Exceptions—Penalty. L. RCW 9.41.810 Penalty. M. RCW 9.91.160 Personal protection spray devices. N. RCW 70.74.010 Definitions. O. RCW 70.74.295 Abandonment of explosives. P. RCW 70.74.300 Explosive containers to be marked—Penalty. , stink , SECTION 2. The following new section, section 9.02.102, entitled "Non-incendiary devices" is hereby added to the Kent City Code: Sec. 9.02.101. Non-incendiary devices. A. For the purposes of this Chapter, a "non-incendiary device" shall include, without limitation, any stink bomb, stink paint, tear bomb, tear shell, explosive or flame-producing device, acid bomb, dry ice bomb or any other device, material, 2 Title 9 Revisions (Firearms,Dangerous Weapons&Bombs) chemical or substance, which, when exploded, opened, used or otherwise deployed does or will annoy, injure, endanger or inconvenience any person or persons. B. Any person who shall (1) deposit, leave, place, spray, scatter, spread, throw or otherwise deploy in any building, or any place, or (2) counsel, aid, assist, encourage, incite or direct any other person or persons to deposit, leave, place, spray, scatter, spread, throw or otherwise deploy in any building, or any place, or (3) have in his or her possession for the purpose of depositing, leaving, placing, spraying, scattering, spreading, throwing or otherwise deploying in any building, or any place, or (4) counsels, aids, assists, encourages, incites or directs any other person or persons to deposit, leave, place, spray, scatter, spread, throw or otherwise deploy in any building, or any place, any non-incendiary device shall be guilty of a gross misdemeanor. C. Anyone who enhances any non-incendiary device by adding either internally or externally any additional material that would create greater damage by becoming fragmentation or shrapnel will be subject to a mandatory minimum penalty of 90 days in jail, which cannot be served on work release or electronic home monitoring. D. This section shall not apply to persons in the military service or commissioned law enforcement officers actually engaged in the performance of his or her duty or training or in the course of any training acting pursuant to orders from competent authority nor shall this section apply to any property owner or person acting under his or her authority in providing protection against the commission of a felony. SECTION 3. . If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. 3 Title 9 Revisions (Firearms,Dangerous Weapons A Bombs) SECTION 4. This Ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER LUBOVICH, CITY ATTORNEY PASSED: day of , 2001 APPROVED: day of , 2001. PUBLISHED: day of , 2001. 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. (SEAL) BRENDA JACOBER, CITY CLERK P\Civil\Ordinance\TnIe9Revisions-FtrearmsBombs doc 4 Title 9 Revisions (Firearms,Dangerous Weapons&Bombs) merit; City Council Meeting Dat.ei August 7, 2001 Cate,4ory_Consent Calendar 1 . SUBJECT: TOWING/IMPOUNDMENT - ORDINANCE 2 . ,SUMMARY STATEMENT: Adoption of Ordinance No. which corrects KCC 9.39.030 to cite to the recodified RCW and removes the mandatory impound period. Section 9.39.030 of the Kent City Code makes numerous references to RCW 46.20.420; however, in the Fall of 1999, the Office of the Code Reviser recodified RCW' 46.20 .420 to RCW 46 .20 .345. Accordingly, it is now necessary to reflect this recodification in the Kent City Code. Further; this ordinance removes the mandatory impound periods for persons who drive with a suspended license in the third degree. Hopefully, this will encourage offenders to obtain a valid license in a short period of time to prevent the additional costs for storage of the vehicle. • 3 . EXHIBITS: Ordinance 4 . RZC0WMXMZD BY: Public' Safety Committee , (Committee, Staff, Examiner, Commission, letc. ) 5 . M UDGETED FISCAL/PERS L IMPACT: N0_„ YES 6 . EXPENDIT M REQUIRED; $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6H ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Section 9.39.030 of the Kent City Code relating to the impoundment of vehicles when driver arrested for violation of driving while license suspended or revoked or operation of motor vehicle under other license while suspended. WHEREAS, Ordinance No. 3464, adopted July 6, 1999, repealed the existing Chapter 9.39 of the Kent City Code and enacted a new Chapter 9.39 relating to the towing of vehicles, including those vehicles driven by persons with suspended licenses; and WHEREAS, Section 9.39.030 of the Kent City Code makes numerous references to RCW 46.20.420; and WHEREAS, in the Fall of 1999, the Office of the Code Reviser recodified RCW 46.20.420 to RCW 46.20.345. Accordingly, it is now necessary to reflect this recodification in the Kent City Code; WHEREAS, the removal of mandatory impound periods for persons who drive with a suspended license in the third degree will deter such drivers from committing future violations and will encourage them to obtain a valid license in a 1 Towing/Impoundment short period of time to prevent the additional costs for storage of the vehicle; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 9.39.030 of the Kent City Code, entitled "Impoundment of vehicles when driver arrested for violation of driving while license suspended or revoked or operation of motor vehicle under other license while suspended,"is hereby amended to read as follows: See. 9.39.030. Impoundment of vehicles when driver arrested for violation of driving while license suspended or revoked or operation of motor vehicle under other license while suspended. A. Impoundment of Vehicles Authorized. 1. Whenever the driver of a vehicle is arrested for a violation of driving while license suspended or revoked (RCW 46.20.342) or operation of motor vehicle under other license or permit prohibited while license is suspended or revoked (RCW 46.29:420 46.20.345), as these provisions are currently enacted or hereafter amended, the vehicle is subject to impoundment at the direction of a law enforcement officer. 2. It shall be the responsibility of the owner or other person lawfully charged with possession of a vehicle to ensure that any person driving such vehicle has a valid license. It shall not be a defense to impoundment or to the payment of any of the costs of impound that the owner or other person lawfully charged with the vehicle was not aware that the driver's license was suspended, revoked, or otherwise invalid. B. Impoundment Periods. 1. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342 (1)(c) (driving while license suspended or revoked in the third degree) or 46.20.4220 RCW 46.20.345, and the W..shiagEe Depa4.,'e^* „f Lieensin 2 Towing/Impoundment 46 20 420,„ equivalent leeal eFdi,anee within the past five (5) . e the vehicle shall be redeemable immediately pursuant to subsection(B)($6) of this section. past five (5) years, the vehiele shall be impetinded fer-fifteen (15) days. past five (5) years, the yehie a shall be : f„aea rl,k4y iZm days 42. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342 (1)(a) (driving while license suspended or revoked in the first degree) or 46.20.342(1)(b) (driving while license suspended or revoked in the second degree) and the Washington Department of Licensing's records show that the driver has not been convicted of a violation of RCW 46.20.342(l)(a) or (b) or equivalent local ordinance within the past five (5) years, the vehicle shall be impounded for thirty(30) days. -53. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(a) or (b) and the Washington Department of Licensing's records show that the driver has been convicted one (1) time of a violation of RCW 46.20.342(1)(a) or(b) or equivalent local ordinance within the past five (5) years, the vehicle shall be impounded for sixty(60) days. 64. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342 (1)(a) or (b) and the Washington Department of Licensing's records show that the driver has been convicted of a violation of RCW 46.20.342(1)(a) or (b) or equivalent local ordinance two (2) or more times within the past five (5) years, the vehicle shall be impounded for ninety(90) days. 3 Towin /Im oundment g P -75. At the conclusion of the applicable period of impoundment, if any, the registered owner, a person authorized by the registered owner, or one who has purchased the vehicle from the registered owner,who produces proof of ownership or authorization and signs a receipt therefor, may redeem an impounded vehicle. A towing contractor may use any reasonable means necessary to confirm that the person redeeming the vehicle is authorized to redeem the vehicle, and neither the City no the tow company shall be responsible for any loss resulting from a delay during the time in which the towing contractor is confirming authorization. aeemin �e e hiele impeunded pufsuant te this seetien must,-pr-ier- te r-edemptien, establish that he er- she has a valid driver's heense. 96. Prior to redeeming the impounded vehicle, any person redeeming a vehicle impounded pursuant to this section shall pay the towing contractor for the costs of impoundment, including removal, towing, and storage fees accrued as a result of theafter- the appheable-impoundment—Verged. The towing contractor shall accept payment as provided in RCW 46.55.120 and other applicable statutes as currently enacted or hereafter amended. If the vehicle was impounded pursuant to this section and was being operated by the registered owner when it was impounded, it may not be released to any person until all traffic-related penalties, fines, and forfeitures owed by the registered owner have been satisfied.—a }e 97. A vehicle impounded pursuant to this section may be searched incident to the arrest of the driver, or inventoried incident to the impound of the vehicle pursuant to the laws of the state of Washington and' the United States. With the exception of personal property seized by a police officer, personal property contained within an impounded vehicle shall continue to be the responsibility of its owner, or the person driving the vehicle, and shall be dealt with pursuant to the requirements of RCW 46.55.090 and other applicable statutes as now enacted or hereafter amended. Property which is attached to the vehicle with electronic wiring, or by bolts, screws, glue, or other adhesive material, shall be considered a component of, or a part of, the vehicle for purposes of impoundment. 4 Towing/Impoundment C. Impound Hearing. 1. When a vehicle is impounded pursuant to this section, the tow truck operator shall send notice to the legal and registered owners as required by RCW 46.55.110 and other applicable statutes as now enacted or hereafter amended. 2. Any person seeking to redeem a vehicle impounded pursuant to this section has a right to a hearing in the Kent municipal court without a jury. The purpose of this hearing is solely to contest the validity of the impoundment or the amount of removal, towing, and storage fees. A person may waive the right to a hearing and, subject to the requirements of subsection (B) of this section, redeem the vehicle at the end of the applicable period. Failure to request a hearing pursuant to this subsection(C) shall constitute a waiver of the hearing. 3. A request for a hearing must: (a) be in writing in a form approved by the administrator of the Kent municipal court, (b) be signed by the person contesting the impound, and (c) be received by the Kent municipal court within ten (10) days of the date the notice of impoundment was mailed or given to such person pursuant to RCW 46.55.110 or 46.55.120(2)(a), whichever is later. At the time of the filing of the request for hearing, the petitioner must pay to the court a filing fee in the amount of thirty-nine dollars ($39.00). 4. The hearing shall be provided as follows: a. The court, within five (5) days after a proper request for a hearing has been received, shall set the hearing date and send notice of the date, time, and location of the hearing to the registered and legal owners of the vehicle or other item of personal property registered or titled with the Department of Licensing, the person requesting the hearing if not the owner, the tow truck operator, and the person or agency authorizing the impound. b. If the vehicle is still impounded at the time the written request is received, the court shall set the hearing within seven (7) days of receipt of the written request. If the vehicle has been released from impound at the time the written request is received, the court shall set the hearing within forty-five (45) days. 5 Towin /Im oundment g P C. Any person seeking a hearing who has failed to request such hearing within the time requirements set forth in subsection (C)(3) of this section may petition the court for an extension to file a request for hearing. Such extension shall be granted only upon the demonstration of good cause as to the reason(s) the request for hearing was not timely filed and only in the event that notice of the auction of the vehicle has not been published by the tow truck operator pursuant to the requirements of RCW 46.55.110, 46.55.130, and other applicable statutes as now enacted or hereafter amended. For the purposes of this section, "good cause" shall be defined as circumstances beyond the control of the person seeking the hearing that prevented such person from filing a timely request for hearing. In the event such extension is granted, the date of granting the extension shall be treated as the date the hearing request was received. In the event that an extension is granted, additional fees resulting from the storage of the vehicle caused by the delay in the hearing shall be paid by the person requesting the extension, regardless of whether the impound is determined to be lawful or unlawful. d. If a person fails to file a request for hearing within the time periods required, and no extension to file a request has been granted, the right to a hearing is waived, the impoundment and the associated costs of impoundment are deemed to be proper, and the city shall not be liable for any charges arising from the impound. e. For the purposes of this section, any computation of time shall be in accordance with Civil Rule 6(a) of the Washington Court Rules. f Delivery of notices required by this section shall be deemed proper three (3) calendar days after the date such notice is sent by regular first class mail or in any other manner reasonably calculated to reach the intended recipient. For the purposes of delivering_notices required by this section, the address of the intended recipient which is either listed' on a citation issued by a police officer, or which appears on any record maintained by or for the Department of Licensing, or which Upears on any document or correspondence filed with the court by the 6 Towing/Impoundment intended recipient, shall be an appropriate and accurate address of the intended recipient. 5. Hearings shall, at the discretion of the court, be held by a judge, commissioner, judge pro tempore, or magistrate of the Kent municipal court, who shall determine whether the impoundment was proper and/or whether the associated removal, towing, storage, and any administrative fees were proper. The court may not adjust fees or charges that are in compliance with the posted or contracted rates. 6. The court may consider the criminal citation, the notice of traffic infraction, the authorization to impound created pursuant to KCC 9.39.040, and any other written report made under penalty of perjury submitted by the City of Kent or other impounding agency in lieu of the officer's personal appearance at the hearing. The court may also consider an abstract of driving record and electronically printed registration information, without further evidentiary foundation. Such records shall constitute prima facie evidence of the status of the driver's or contestant's license to drive a motor vehicle, the proper period of impoundment, or the ownership of the impounded motor vehicle. The person named in the notice may subpoena witnesses, including the officer, and has the right to present evidence and examine witnesses present in court. 7. The burden of proof is upon the city to establish that the impound was proper by a preponderance of the evidence. 8. If the impoundment is found to be proper, the court shall enter an order so stating. The court's order shall provide that the impounded vehicle shall be released only after the applicable impound period has expired and the redemption requirements of subsections (B)(-7) (5) and (9) (6) of this section have been satisfied. The court shall grant time payments only in the cases of extreme financial need, and only after a finding of such extreme financial need, and only where there is an assured and effective guarantee of payment. 9. If the impoundment is found to be improper, the court shall enter an order so stating and order the immediate release of the vehicle. If the costs of impoundment have already been paid, the court shall order the refund by the city of 7 TowingAmpoundment the costs of impoundment. If the impoundment is determined to be improper, and a filing fee was paid, the filing fee shall be returned to the payor. 10. In the event the court finds that the impoundment was proper, but the removal, towing, storage, or administrative fees charged for impoundment were not in compliance with the posted or contracted rates, the court shall determine the correct fees to be charged. If the costs of impoundment have been overpaid, the court shall order a refund by the eitytowing company of the costs of impoundment for the amount of the overpayment. If the costs of impoundment have been overpaid, and a filing fee was paid, the filing fee shall be returned to the payor. 11. No determination of facts made at a hearing under this section shall have any collateral estoppel effect on a subsequent criminal prosecution and such determination shall not preclude litigation of those same facts in a subsequent criminal prosecution. 12. The hearing procedures set forth in this subsection shall apply only to hearings set pursuant to this section. 13. The court, in its discretion, may waive the filing fee required by subsection (C)(3) of this section upon proof by competent evidence that the person who is requesting the hearing is indigent as that term is defined in RCW 10.101.010(1). D. Economic or personal hardship — Rental cars — Vehicle dealer or lender with perfected security interest—Exceptions. l. The court is authorized to release a vehicle impounded pursuant to this section prior to the expiration of any period of impoundment upon petition of a family member or dependent person the-speuse of the driver based upon economic or personal hardship to such family member or dependent person spease resulting from the unavailability of the vehicle and after consideration of the threat to public safety that may result from the release of the vehicle, including, but not limited to, the driver's criminal history, driving record, license status and access to the vehicle. If such release is authorized, the person redeeming the vehicle must satisfy the redemption requirements of subsection (B)(-7) (Q and (8) & of this section. The 8 Towing/Impoundment decision to release the vehicle pursuant to this subsection shall not create any duty to protect any individual. The release of a vehicle pursuant to this subsection shall be available to a relative or dependent person of the driver one (1) time only. 2. Pursuant to RCW 46.55.120, as now enacted or hereafter amended, a rental car business may immediately redeem a rental vehicle it owns prior to the expiration of any period of impoundment upon payment of the costs of removal, towing, and storage. 3. Pursuant to RCW 46.55.120, as now enacted or hereafter amended, and ..,.twiths*anding the .. ,.f subsee fie.. (B) „f this seetie.., a motor vehicle dealer or lender with a perfected security interest in the vehicle may immediately redeem or repossess a vehicle it owns prior to the expiration of any period of impoundment upon payment of the costs of removal, towing, and storage. E. Sale of Vehicle. Any vehicle impounded pursuant to this section shall be subject to the sale provisions of RCW 46.55.130 and other applicable statutes, as now enacted or hereafter amended. F. Authority to Enforce. The chief of police, or his or her designee, and the court are hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this section. SECTION 2. — Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. 9 Towing/Impoundment SECTION 3. Effective Date. This Ordinance shall take effect and be in force thirty(30) days from and after its passage as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER LUBOVICH, CITY ATTORNEY PASSED: day of , 2001. APPROVED: day of , 2001. PUBLISHED: day of , 2001. 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. (SEAL) BRENDA JACOBER, CITY CLERK P\Civil\Ordinance\Towmglmpound-Revisioe2 doc 10 Towing/Impoundment i Kent. City Council Meeting" Date August 7. 2g01 Category Qonsent Calendar 1. SUBJECT: SO. 196TH STREET BRIDGE - ACCEPT AS COMPLETE 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, accept as complete the South '196th Street Bridge contract and release of retainage to Frontier-Kemper Constructors upon standard releases from the State and release of any liens. The original contract amount was $13, 644,339.00. Final construction cost was $13, 758, 775 .38. 3 . EXHIBITS: None 4 . -RECO ED BY: Public jJo_rks Director (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDQZTED .FISCAL/PERS EjFACT= NO_;__ YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: . r 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmembe�r seconds DISCUSSION• ACTION• Council Agenda Item No. 6I E y � q Kerat '! Ci_ty;Council Meeting DialtWlAucrugt 7, 200 Cate5oiy, Otla„Bus i gggs 1. SUBJECT: ACCEPTANCE; F APPLICATIONS AND ESTABLISHMENT OF PROCESS FO$k, 1EVALUATION AND APPOINTMENT TO VACANT COUNCIL POSITION 2 . SUk9MY STATEMENT: Acceptance of applications and establishment of process for evaluation and appointment to the vacant Council position. t 3 . EXHIBITS: None 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission,, ?etc. ) 5 . fETSD FISCAL/PERSONNEL IMPACT: NO YES 6. EXRMWITURE REQUIRED: $ SO R,CA OF FUNDS: { 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmemk seconds DISCUSSION• ACTION• Council Agenda Item No. 7A f v: h f i - REPORTS FROX ANDING COMKITTMO lam 11,48TA" A. COUNCIL PRESIDENT r B. OPERATIONS COMMITTEE C. PUBLIC SAFETY COMITTEE D. PUBLIC WORKS E. PLANNING COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REjPORTSJ REPORTS PROM SPECIAL CON@dITT S r r Y A. r 40 k � ' I } F' I { l S , � � J i 31;ECUTIVE- gssiox, ` A) Property Acq#s,4#on __ .`�rill III II I�Ij II�17 1 I�T� _ F ' � d 1 4 1 ' I , Y � F ` J t ' ` I � i f i t 2 ' • I v < i I 4 C � E i 1 �