HomeMy WebLinkAboutCity Council Committees - Public Safety (Committee) - 11/12/2013 (3) Public Safety Committee Agenda
T Councilmembers: Les Thomas • Dana Ralph • Bill Boyce, Chair
(CEN
wa�,an�.n
November 12, 2013
5:30 p.m.
Item Description Action Speaker(s) Time Paqe
1. Approval of October 8, 2013 minutes Yes Bill Boyce 5 min 1
2. Professional Services Contract — E-S Press
Emotional Survival Yes A.C. Padilla 5 min 5
3. School Resource Officer Agreement Yes A.C. Padilla 5 min 15
4. WTSC Memorandum of Understanding
DUI and Seatbelt Enforcement Yes Chief Ken Thomas 5 min 23
5. Six-Month Marijuana Zoning and Business
License Moratorium — Ordinance Yes Pat Fitzpatrick 15 min 33
6. Police Chief's Update No Chief Ken Thomas 5 min 47
Illegal Street Racing Enforcement
Unless otherwise noted, the Public Safety Committee meets the 2ntl Tuesday of each month at 5:30 p.m.
in Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895.
For information please contact Kim Komoto at (253) 856-5788 or via email at kkomoto@kentwa.gov.
Any person requiring a disability accommodation should contact the City Clerk's Office at(253) 856-5725 in advance. For
TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388.
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i
KETlT
CITY OF KENT
PUBLIC SAFETY COMMITTEE MEETING MINUTES
October 8, 2013
COMMITTEE MEMBERS: Council President Dennis Higgins, Les Thomas. (Absent - Dana
Ralph - ill, Bill Boyce - out of town on work assignment). The meeting was called to order by
Council President Higgins at 5:31 p.m.
Changes to the Agenda:
Item number 8 was removed from the agenda. Council President Higgins approved the move.
1. Approval of Minutes
Councilmember Thomas MOVED and Council President Higgins SECONDED a Motion to
approve the September 10, 2013 minutes. Motion PASSED 3-0 with concurrence from
Council member Ralph.
2. Target Zero manager Grant and Memorandum of Understanding
Sara Wood, Public Education Specialist and King County Target Zero Manager presented
information on the Target Zero Manager Grant and Memorandum of Understanding. This is the
third year of the Target Zero Teams DUI enforcement project. This $26,336 grant will fund the
traffic unit and other officers in our department; overtime for the law enforcement liaison; and
an education outreach campaign.
Council President Higgins expressed concerns over potentially not receiving this grant in the
future. Sara Wood indicated that this grant is funded through the Washington Traffic
Commission who then allocates funds to the counties. Council President Higgins questioned if
the City will continue to receive these grant funds. Sara Wood indicated that the Washington
Legislature allocates monies for this program and she is waiting to see what is decided for the
next fiscal year.
After deliberating, Councilmember Thomas MOVED and Council President SECONDED a
Motion to recommend Council accept the Target Zero Teams Community Outreach
grant in an amount of $26,336.00 for funding the Target Zero Teams Enforcement,
media outreach, target zero teams manager, and law enforcement liaison overtime,
amend the budget, and authorize expenditure of the funds in accordance with the
grant terms acceptable to the police chief and city attorney. Motion PASSED 3-0, with
concurrence from Councilmember Ralph.
3. DOJ Bulletproof Vest Partnership Grant Award
Debra Leroy, Research and Development Analyst with the Kent Police Department, presented
information regarding the Department of Justice Bulletproof Vest Partnership Grant. The City
has received this grant annually for over 10 years. This year's allocation maximum was $13,151
which funds 50% (28 vests) of new hire and replacements vests.
After deliberating, Councilmember Thomas MOVED and Council President Higgins
SECONDED a Motion to recommend Council accept the Bulletproof Vest Partnership FY
2013 grant in an amount of $13,151.46, amend the budget, and authorize expenditure
of the funds in accordance with the grant terms acceptable to the police chief and city
attorney. Motion PASSED 3-0 with concurrence from Councilmember Ralph.
Public Safety Committee Minutes
October 8, 2013 1
z
4. Kent Drug Free Communities Support Program Grant
Debra Leroy, Research and Development Analyst with the Kent Police Department, presented
information regarding the Kent Drug Free Communities Support Program Grant that funds Kent's
Drug Free Communities Grant.
The City received a no-cost extension for the 5th year on the City's Drug Free Communities
Grant. The City works to prevent youth from using any type of drug, alcohol, marijuana or
prescription drugs.
In the no-cost extension, the City had a previous unused balance from 2011 that the City had
deobligated. The Substance Abuse and Mental Health Services Administration advised that the
2011 funds were awarded to the City and are for their use. The total, including the carryover
from year four brings the total funds available for year five to $104,988. There is a $72,000
balance that needs to be spent by June 30, 2014, which will be used to support the Game of Life
and follow up projects in addition to supporting a town hall meeting. Additional youth activities
will also be supported with these grant funds. Although the City applied for and was denied the
6th year of the grant, the City, in conjunction with a consultant, is preparing a reapplication for
the 6" year of the grant.
After deliberating, Councilmember Thomas MOVED and Council President Higgins
SECONDED a Motion that Council accept the Kent Drug Free Coalition grant from the
Department of Health and Human Services in the amount of $104,988, amend the
budget and authorize expenditure of the funds in accordance with the grant terms
acceptable to the police chief and city attorney. Motion PASSED 3-0 with concurrence
from Councilmember Ralph.
S. Emergency Management Performance Grant Contract
Brian Felczak, Deputy Emergency Manager of Emergency Management, presented information
regarding the Emergency Management Performance Grant that is awarded through the
Department of Homeland Security. The Washington State Military Department, Emergency
Management Division, receives grant monies each year from the Department of Homeland
Security through the Emergency Management Performance Grant. A portion of this grant is
earmarked by the State to be passed through to local jurisdictions that have emergency
management programs to supplement their local emergency management operating budget in
an effort to enhance their emergency management programs. This is the eighth consecutive
year that the City has received this grant and has used it to protect against, militate against,
respond to, and recover from disasters.
Funds are used to support the maintenance of core and extension capabilities. Funds can be
used to purchase equipment, training, as well as communication and organization which allows
for the enhancement of capabilities beyond the core capabilities.
Council President Higgins asked about future funding. Brian Felczak indicated that this is a top
priority for the Emergency Management Performance Grant managers. Formulas may be
revised to increase funding to counties that may not have capabilities which would decrease
funding to larger cities.
Councilmember Thomas indicated that the filth legislative district is missing from the grant
paperwork. Brian Felczak will make the change and provide an updated version of the grant
agreement.
Public Safety Committee Minutes
October 8, 2013 2
3
After deliberating, Councilmember Thomas MOVED and Council President Higgins
SECONDED a Motion to recommend the Mayor accept the 2013 Emergency
Management Performance Grant from the State of Washington Military Department,
Emergency Management Division, in the amount of $108,112, authorize amending the
budget and authorize execution of any related documents, subject to final terms and
conditions acceptable to the city attorney and emergency manager. Motion PASSED 3-
0 with concurrence from Councilmember Ralph.
6. Law Enforcement Mutual Aid & Mobilization Interlocal Agreement
Pat Fitzpatrick, Acting City Attorney, presented information on the Law Enforcement Mutual Aid
and Mobilization Interlocal Agreement. Pat Fitzpatrick indicated that the Interlocal Agreement
(ILA) in the committee packet is incorrect and he provided copies of the Interlocal Agreement
that is currently in effect. The parties to this ILA include agencies within the Puget Sound area
for mutual cooperation when responding to an emergency event.
The City currently has this type of agreement with every city in the State of Washington. This
ILA establishes protocol of how assistance is to occur. The current ILA is expiring and needs to
be resigned.
Discussion will take place at a Chief's meeting that may make minor changes to the Agreement,
mainly to the names of the parties signing the Interlocal Agreement.
After deliberating, Councilmember Thomas MOVED and Council President Higgins
SECONDED a Motion to recommend the Mayor sign an interlocal cooperative
agreement between numerous law enforcement agencies to provide law enforcement
mutual aid and mobilization between the numerous participating agencies, subject to
terms acceptable to the police chief and city attorney. Motion PASSED 3-0 with
concurrence from Councilmember Ralph.
7. School Sneed zone Traffic Safety Camera Program — Information Only
Pat Fitzpatrick provided an update on the School Speed Zone Traffic Safety Camera Program.
Due to issues with the contractor's inability to get plans in on time for permits, the program will
be delayed. As of today, the signs are up at Sunrise elementary and Neely-Obrien, so people
are now on notice that school speed zone camera photo enforcement is coming. These are
school speed zone cameras, not red light cameras, which will be operating at two elementary
schools in Kent during the period of time that children will be travelling to and from school.
The purpose of these cameras is to improve traffic safety and slow traffic down in high
pedestrian areas.
The delay in this program was due to the inability to tap into a power source at Sunrise
elementary. Permits and construction should start soon. Automated Traffic Solutions assured
Pat that the system will be operable on November 18th• A warning period will begin on
November 18th. Beginning on January 6, 2014, the first day of school after the winter break,
citations will start being issued.
Public education will include press releases and the Kent School District will help inform parents
of the program.
Council President Higgins asked about City's plan for public relations. Pat advised that Michelle
Wilmot, Communications/Public Affairs Manager is planning three public relations outreach
notices in addition to creating a webpage for this program.
Public Safety Committee Minutes
October 8, 2013 3
4
Councilmember Thomas reiterated that these are not red light cameras; they are school zone
traffic safety cameras.
S. Police Chief Uodate
Chief Ken Thomas informed the committee that if the City did not continue to receive Target
Zero grant funding, that the City would find a way to fund the program since it is a matter of
public safety to keep impaired drivers off the roadway.
The Kent Police Department is one of five jurisdictions in the State that will participate in a pilot
program that monitors repeat DUI offenders. Chief Thomas and Assistant Chief Padilla have
indicated that the extra work for staff will be minimal compared to the benefits of keeping our
community safe. The Cities of Kent and Centralia, and the Counties of Spokane, Chelan, and
Thurston are the participating agencies.
Chief Thomas indicated that Debra Leroy, Research and Development Analyst, is retiring and
Sara Wood, currently the Community Education Specialist (CES) with the police department will
replace Debra. Recruitment is currently in the process for filling the soon-to-be vacant CES
position.
Council President Higgins and Councilmember Thomas thanked Debra Leroy and indicated they
appreciated their interactions with her and all of the contributions she has made to the police
department. Chief Thomas also indicated that the funding that Debra has secured for the
department has been amazing.
Commander Diane McCuistion and Administrative Assistant All Fuller presented information on
the medical billing process at the jail. Jill explained the process that is in place for verifying all
aspects of the medical bills received for medical services provided to inmates. Jill Fuller has
created a review process for the medical billing that has saved the City a tremendous amount of
money.
The City contracts with Interplan, a discount medical billing service. The City enters all of the
medical information into Interplan and then Interplan discounts the bill. Interplan receives 25%
of the savings realized. Over the last three years there has been a total savings of $21,000 of
which Interplan received $5,200, so the total savings for the City was $15,000. For the years
2011 through 2013, Jill has saved the City $156,872; 2012 $69,400; and for 2013, year-to-date
$17,600, due to her declining to pay the random bills for inmates that were either never in
custody, or released prior to the services provide.
Council President Higgins was pleased that the savings to the Kent Residents can be used for
other productive uses.
Commander McCuistion presented information on the Bureau of Justice Assistance Grant for the
State Criminal Alien Assistance Program. Funds can be used when the City is holding an INS
inmate. The total grant for the year is $3,890 and will be used for disaster preparedness
training for corrections. The training will be in cooperation with corrections, the fire department,
the police department, and facilities. This is the third year the City has received this grant.
Adiournment
Council President Higgins adjourned the meeting at 6:10 p.m.
0-
Kim A. Komoto
Public Safety Committee Minutes
October 8, 2013 4
�••/ KENT
PROFESSIONAL SERVICES AGREEMENT
between the City of Kent and
Kevin M. Gilmartin, Ph.D.
dba E-S Press, Inc
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Kevin M. Gilmartin, Ph.D., d/b/a E-S Press, Inc organized under the
laws of the State of Arizona, located and doing business at 8340 N. Thornydale Road #110-314, Tucson,
Arizona 85741 (hereinafter the "Contractor").
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City:
See Exhibit A — Scope of Work
Contractor further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement, and Contractor shall complete the
work by February 28, 2014.
III. COMPENSATION. The City shall pay Contractor a total amount not to exceed $27,500.00
for the services described in this Agreement. The Contractor shall invoice the City monthly based on time
and materials incurred during the preceding month.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Contractor has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Contractor maintains and pays for its own place of business from which
Contractor's services under this Agreement will be performed.
C. The Contractor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Contractor's services, or the Contractor is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Contractor is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Contractor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Contractor's
PROFESSIONAL SERVICES AGREEMENT - 1
(Over$10,000)
business, and has obtained a Unified Business Identifier (UBI) number f6pm the
State of Washington.
F. The Contractor maintains a set of books dedicated to the expenses and earnings of
its business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party seven (7) calendar days written notice at its address set forth on the signature
block of this Agreement.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the
Contractor or subcontractor shall not discriminate against any person who is qualified and available to
perform the work to which the employment relates as provided for by the City of Kent's Equal
Employment Opportunity Policy. Contractor shall execute the attached City of Kent Equal Employment
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the
contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be
grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive
the expiration or termination of this Agreement.
VIII. INSURANCE. The Contractor shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B, attached and incorporated
by this reference.
XII. CONTRACTOR'S WORK AND RISK. The Contractor agrees to comply with all federal,
state, and municipal laws, rules, and regulations that are now effective or in the future become applicable
to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those services. All work shall be done at Contractor's own risk, and
Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held
for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
PROFESSIONAL SERVICES AGREEMENT - 2
(Over$10,000)
7
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Contractor.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. Should any language in any of the exhibits to this
Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall
prevail.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below.
CONTRACTOR: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its:
(title) Its Mayor
DATE:
DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Kevin M. Gilmartin, Ph.D Assistant Chief Padilla
8340 N. Thornydale Road #110-314 City of Kent Police Department
Tucson, AZ 85741 400 W. Gowe Street
Kent, WA 98032
(520) 744-0703 (telephone)
(520) 744-9298 (facsimile) (253) 856-5800 (telephone)
(253) 856-6802 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
P:\Civil\Fles\Open Files\1697-Police Contracts\Professionalservicesagreement-Emotional Survival.Doc
PROFESSIONAL SERVICES AGREEMENT - 3
(Over$10,000)
8
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of 20.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT 9
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
io
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on the_
(date) , between the firm I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of 20__.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
Exhibit A
Emotional Survival
By
Kevin M. Gibnartin, Ph.D.
8340 N Thornydale Road 4110-314
Tucson,AZ 85741
520-744-0703 (T) 520-744-9298 (F)
W W W.EmotionalSurvival.com
Course Description
This presentation is designed to assist law enforcement professionals by the development of behavioral
strategies to inoculate against loss of idealism and inappropriate behavior patterns. It will review the short
and long-term effects on law enforcement officers on both the personal and professional aspects of their
lives. The course will discuss how the initial enthusiasm and desire to professionally contribute can be
transformed into negative cynicism, social distrust and hostility to the world at large that significantly
impacts the professionals work performance, decision-making and ultimately over-all quality of life. The
course will also review the impact on the children of law enforcement families in terms of school
functioning and health. The goal of the course is to have the law enforcement professional review the
potential impact the career causes in the personal life and to develop strategies for overall emotional
survival. The strategies are designed to permit the professional to continue functioning effectively and
ethically without"burning-out"and without resorting to emotional isolation from friends and colleagues.
The course addresses the dynamics that can transform within a matter of a few years, idealistic and
committed officers/employees into cynical, angry individuals who begin having difficulties in both the
personal and professional aspects of their lives. The course outlines the issues that can potentially see
officers engaging in inappropriate behavior patterns and decision-making that leads to both administrative
and can unfortunately in some officers criminal difficulties. The purpose of the class is to provide
information that lets the special assignment officer see how the deterioration process can take place and
what specific preventative strategies can be employed.
The goal of the course is to provide information that lets agencies keep officers committed and engaged in
productive police work. The course also gives information to employees on how not to become a "self-
perceived victim", a descriptor for an officer or employee that spends inordinate amounts of time resenting
and resisting organizational and supervisory directive, as well as, suffering unnecessary destruction in the
personal dimensions of their life.
Experience tells us that most law enforcement agencies have to deal with inappropriate behavior on the part
of some officers or employees who previously had exemplary records, yet we find that agencies typically
do not offer training in attempting to preserve idealism, motivation and overall emotional survival for it's
employees.
This course is presented at all FBI LEEDS and Executive Development Institutes at the FBI Academy in
Quantico, Virginia.
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EXHIBIT B
INSURANCE REQUIREMENTS FOR
PROFESSIONAL SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the Consultant's Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant's
profession.
Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate and a $1,000,000 products-completed operations
aggregate limit.
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EXHIBIT B (Continued)
3. Professional Liability insurance shall be written with limits no less
than $1,000,000 per claim and $1,000,000 policy aggregate limit.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the Consultant and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Consultant's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
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15
POLICE DEPARTMENT
� Ken Thomas, Chief of Police
KENT Phone: 253-856-5800
Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: November 12, 2013
TO: Public Safety Committee
SUBJECT: School Resource Officer Agreement
MOTION: Move to recommend the Council authorize the Mayor to sign the School
Resource Officer Agreement between the Kent Police Department and Kent School District
for the 2013-2014 school year, with terms and conditions acceptable to the Police Chief
and City Attorney.
SUMMARY: The Kent School District and Police Department finds it beneficial to have the
presence and assistance of commissioned law enforcement officers on the middle and high
school campuses for the purpose of working collaboratively with school personnel to
enforce the law and school rules, while building healthy relationships with students.
This School Resource Officer Agreement between the Kent Police Department and the
Kent School District ("District') for 2013-2014 will provide two commissioned police
officers to work as School Resource Officers in the District for the purpose of assisting
school personnel in enforcing the law and school rules, while maintaining a safe,
sustainable, healthy, and respectful learning environment for students and staff.
The total cost for the City to employ two officers is $225,409.56. The District agrees to
reimburse the city 60% of the total compensation which equals $135,234.74.
Exhibits: Agreement
Budget Impact: $135,234.74 revenue (via reimbursement from District)
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SCHOOL RESOURCE OFFICER (SRO) AGREEMENT
BETWEEN THE KENT POLICE DEPARTMENT
AND
THE KENT SCHOOL DISTRICT
2013-2014
THIS SCHOOL RESOURCE OFFICER (SRO) AGREEMENT (hereinafter "Agreement') is made and entered
into by and between the City of Kent/Kent Police Department (hereinafter referred to collectively as the
"Department") and the Kent School District, hereinafter referred to as the "District," for the provision of
School Resource Officers (SROs).
WHEREAS, the District desires to have the presence and assistance on school campuses of
commissioned law enforcement officers who can work collaboratively with school personnel to enforce
the law and school rules, while building healthy relationships with students of the District;
WHEREAS, the Department desires to partner with local school districts and seeks an opportunity for its
officers to positively impact the community; and
WHEREAS, the District and the Department share a compelling common value in seeing that the
community enjoys a safe, sustainable, healthy, and respectful learning environment for its students and
staff;
NOW, THEREFORE, for and in consideration of the mutual promises set forth herein, the parties hereto
mutually agree as follows:
1. TERM
The Agreement shall be effective September 1, 2013 through August 31, 2014, subject to any prior
termination as provided herein and unless extended by written agreement of parties hereto.
2. DUTIES OF THE DEPARTMENT AND ASSIGNED SROs
The Department shall provide two (2) commissioned police officers to work as SROs in the District
for the twelve (12) month period beginning September 1, 2013, for the purpose of assisting school
personnel in enforcing the law and school rules, while maintaining a safe, sustainable, healthy, and
respectful learning environment for students and staff. The placement of a particular officer in the
role of SRO will be a decision mutually agreed upon by the Department and District.
a. One SRO will be assigned to the campuses of Kent-Meridian High School and Mill Creek Middle
School, with time split between the campuses as deemed appropriate by school administrators
and the respective school principals.
b. One SRO will be assigned to the campuses of Kentridge High School and Meridian Middle
School, with time split between the campuses as deemed appropriate by school administrators
and the respective school principals.
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c. Each SRO shall respond to school incidents in the District as necessary and support District
administrators and staff with school safety inquiries and/or needs for assistance.
d. Each SRO will provide assistance to enforce the law and school rules on school grounds, conduct
investigations as necessary, and advise/consult with school personnel regarding best practices
for ensuring a safe and secure learning environment.
e. Each SRO will develop a daily routine that ensures high visibility to staff, students, parents and
community stakeholders.
f. Each SRO will have access to education records of District students consistent with access
available to members of the District's Safety Services, but the Department acknowledges that
each SRO is restricted in the same manner as other District personnel by the Family Educational
Rights and Privacy Act (FERPA), 20 U.S.C. 1232g, accompanying regulations, corresponding state
law, and District policies from nonconsensual disclosure of such records to third parties without
lawful authorization.
g. Each SRO will be a positive adult role model and develop positive relationships with students
that promote learning and citizenship.
h. Each SRO will work collaboratively with the District's Safety Services Director, including the
preparation of reports as needed regarding school safety activity for the Superintendent and
Board of Directors.
i. Each SRO will assist, as needed, in the establishment and implementation of emergency
operation procedures and threat assessment procedures for buildings.
j. Each SRO will assist with contacting truant children and their parents.
k. Each SRO will perform other duties as mutually agreed upon by the Kent School District and the
Department.
I. The Department reserves the right to utilize one or both of the SROs from the end of the school
year to the beginning of the next school year for emergency Department operational needs as
determined or declared by the mayor of the City of Kent. Emergency operational needs include
but are not limited to the following: severe staffing shortages, natural and/or manmade
disasters, or unforeseen city emergencies. In the event that such an emergency arises, the
Department will make reasonable efforts to give timely advanced notice to the District and will
make reasonable efforts to minimize the duration of their utilization. The Department will also
refund the District for all time that one or both SROs are not performing work for the District
pursuant to this section 2(I).
3. CONSIDERATION
The total compensation for two (2) commissioned officers for the length of this Agreement is set
forth in Attachment A to this Agreement. Attachment A reflects the District's agreement to
reimburse the Department sixty percent (60%) of the total compensation (salaries, benefits, cost to
the Department of equipment, etc) for two (2) commissioned SROs, as mutually agreed by the
parties in Attachment A. The sixty (60%) reimbursement obligation of the total compensation
amount shall be spread across twelve (12) approximately equal monthly payments payable to the
Department; provided, in the event this Agreement is executed after the term of this Agreement
begins, the District shall pay the total compensation as set forth in Attachment A, but will have
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fewer months to make such payments. The District shall pay said reimbursement upon submission
by the Department of a monthly invoice.
4. WORK SCHEDULE
It is the intent of this Agreement that the SROs work during scheduled class times and cover the
start of school and release of school. Each SRO shall work other hours and days agreed upon by the
District, Department, and the officer providing the services; provided, that each SRO's work
schedule shall be subject to the terms and conditions set forth in his or her collective bargaining
agreement, which sets forth hours of work, days off, vacation, holidays, etc. One SRO will be
assigned to work Monday through Thursday. The second SRO will be assigned to work Tuesday
through Friday.
5. OVERTIME
Costs associated with approved overtime for District business shall be paid by the District, except
that costs associated with overtime for any Department trainings or functions not relating to District
business will be paid by the Department. Overtime costs for District business shall be determined
by the officers' collective bargaining agreement with the City of Kent.
6. MODIFICATION
No waiver or modification of this Agreement or any covenants, conditions, or limitations herein
contained shall be valid unless in writing and duly executed by the parties to be charged therewith;
and no evidence of any waiver of modification shall be offered or received in evidence of any
proceeding or litigation between the parties hereto arising out of or affecting this Agreement, or the
rights or obligations of the parties hereunder, unless such waiver or modification is in writing duly
executed as aforesaid; and the parties further agree that the provisions of this section may not be
waived except as herein set forth.
7. TERMINATION OF AGREEMENT
This Agreement may be terminated without cause at any time by mutual agreement of the parties
hereto, or by either party after thirty (30) days following the other party's receipt of a written intent
to terminate.
Each party shall have the right to cancel and immediately terminate this Agreement without prior
notice upon material breach of the Agreement by the other party.
In the event of termination under this section, the Department will be entitled to receive, to the
date of such termination on a pro rata basis, the compensation as set forth in section 3 above.
In addition, each party shall have the right to remove a specific SRO from District. Any officer
selected to replace an SRO will be mutually agreed upon by the Department and District as set forth
in section 2 above.
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8. TRAINING
The District agrees to permit SROs to attend training sessions required by the Department, provided
the Department notifies the District of such training ten (10) days in advance. The Department shall
provide the District's Chief Information and Digital Strategy Officer, who oversees the District's
Safety Services department, notice sufficiently in advance to allow the District to make other
security arrangements in the absence of a school's SRO. The District may likewise provide training
to SROs on school in-service days.
9. INDEMNIFICATION
To the extent permitted by law, the District shall defend, indemnify and hold harmless the
Department and its officers, agents and employees, or any of them, from any and all claims, actions,
suits, liability, loss, costs, expenses and damages of any nature whatsoever, arising out of any act or
omission of the District, its officers, agents, and employees or any of them relating to or arising out
of the performance of the Agreement. The District shall not defend, indemnify or hold the
Department harmless from any claims, actions or suits for injury, damage or loss of any kind caused
by either intentional act(s) or the negligence of the Department, its officers, agents and employees
or any of them where the District did not contribute to such negligence.
Similarly, the Department shall defend, indemnify and hold harmless the District and its officers,
directors, agents and employees, or any of them from any and all claims, actions, suits, liability, loss,
costs, expenses and damages of any nature whatsoever, out of any act or omission of the
Department, its officers, agents and employees, or any of them in the performance of this
Agreement. The Department shall not defend, indemnify or hold the District harmless from any
claims, actions or suits for injury, damage or loss of any kind caused by either intentional act(s) or
the sole negligence of the District, its officers, directors, agents and employees or any of them.
Notwithstanding any other provision of this Agreement, in executing this Agreement, the
Department does not assume liability or responsibility for, or in any way release the District from,
any liability or responsibility which arises in whole or in part from the existence, effect, or
enforcement of District policies, rules or regulations. If any cause, claim, suit, action, or
administrative proceedings is commenced in which the enforceability or validity of any such District
policy, rule or regulation is at issue, the District shall defend the enforceability or validity of such
policy, rule or regulation at its sole expense, and if judgment is entered or damages are awarded
against the District, the Department or both, the District shall satisfy the same, including all
chargeable costs and attorney's fees.
10. MEDICAL/HEALTH AND WORKER' COMPENSATION BENEFITS
In the event of any injury to, or the illness or death of, an SRO, such officer will be considered an
employee of the Department while acting in performance of this Agreement, and the Department
agrees to extend to any Department SRO the medical/health and workers' compensation benefits
and other compensation, to the same extent and in the same manner as in such injury, illness, or
death had occurred during regular work assignment in and for the Department. Any SRO provided
pursuant to this Agreement is not an employee of the District, and the District shall have no
obligation to provide an SRO with any workers' compensation or other benefits.
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11. VENUE STIPULATION
This Agreement shall be construed as having been made and delivered within the state of
Washington, and the laws of the state of Washington shall be applicable to its construction and
enforcement. Any action at law, suit in equity, or judicial proceeding for the enforcement of this
Agreement or any provision hereto shall be instituted in King County, Washington.
12. COMPLIANCE WITH LAWS
The parties hereto agree to, in carrying out the terms of this Agreement, comply with all applicable
federal, state, and local laws, ordinances, and regulations, including but not necessarily limited to,
the laws pertaining to civil rights and laws pertaining to the District and the Department. The
Department and its officers, agents and employees in carrying out this Agreement agree that they
will not in any way discriminate against others on the basis of sex, race, creed, religion, color,
national origin, age, honorably discharged veteran or military status, sexual orientation including
gender expression or identity, or the presence of any sensory, mental or physical disability.
13. NOTICES
All notices given herein shall be in writing and shall be sent by personal service or registered mail to
the parties at their recognized business addresses. For the District, notice shall be sent by personal
service or registered mail to the to the District's Chief Information and Digital Strategies Officer who
oversees the District's Safety Services.
15. HEADINGS
The article headings contained in this Agreement are inserted solely as a matter of convenience and
for reference and in no way do they define, limit, or describe the scope or intent of the provisions of
this Agreement.
16. AGREEMENTS OUTSIDE OFTHIS AGREEMENT
This Agreement contains the complete agreement between the parties and shall, as of the effective
date hereof, supersede all agreements, either written or oral, between the parties. The parties
agree that neither of them has made any representation with respect to the subject matter of this
Agreement or any representations, including the executing and delivery hereof, except such
representations as are specifically set forth herein, and each of the parties hereto acknowledges
that it has relied on its own judgment in entering into this Agreement.
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IN WITNESS WHEREOF, the parties have affixed their signature on the dates below.
KENT SCHOOL DISTRICT CITY OF KENT/KENT POLICE DEPARTMENT
Dr. Edward Lee Vargas, Superintendent Suzette Cooke, Mayor
Date Date
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ATTACHMENT 'A' TO SRO AGREEMENT
The parties agree that the total compensation for all SROs provided by the Department under this
agreement will be $225,409.56. Unless modified by mutual agreement as set forth in section 6, this will
be considered the total compensation for all SROs provided by the Department for the duration of the
performance period of this Agreement, regardless of actual salary or benefit adjustments that may be
made by the Department for its officers.
The District's reimbursement obligation, sixty percent (60%) of this total compensation for all SROs
provided by the Department, equals $135,245.74. Unless modified by mutual agreement as set forth in
section 6, this will be considered the District's total reimbursement obligation for all SROs provided by
the Department for the duration of the performance period of this Agreement, regardless of actual
salary or benefit adjustments that may be made by the Department for its officers, subject to the
Department's obligations to refund the District as set forth in section 2(I) .
The District shall pay said reimbursement in twelve (12) approximately equal monthly payments spread
over a one year period starting September 1, with each payment being made upon submission by the
Department of a monthly invoice; provided, in the event this Agreement is executed after the term of
this Agreement begins, the District shall pay the total compensation as set forth in this Attachment, but
will have fewer months to make such payments.
IN WITNESS WHEREOF, the parties have affixed their signature on the dates below.
KENT SCHOOL DISTRICT CITY OF KENT/KENT POLICE DEPARTMENT
Dr. Edward Lee Vargas, Superintendent Suzette Cooke, Mayor
Date Date
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POLICE DEPARTMENT
� Ken Thomas, Chief of Police
KENT Phone: 253-856-5800
Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: November 12, 2013
TO: Public Safety Committee
SUBJECT: WTSC Memorandum of Understanding - DUI and Seatbelt Enforcement
MOTION: Move to recommend authorizing the Mayor to sign the Memorandum
of Understanding between the Washington Traffic Safety Commission and the
city of Kent in the amount of $8,000, reimbursing the city for DUI and Seatbelt
enforcement, amend the budget, and authorize expenditure of the funds in
accordance with terms and conditions acceptable to the Police Chief and City
Attorney.
SUMMARY: The Washington Traffic Safety Commission will provide overtime funding to
the City for the police department to conduct high visibility enforcement traffic safety
emphasis patrols, in support of Target Zero priorities.
The City's Target Zero manager and Law Enforcement Liaison will coordinate the impaired
driving and seatbelt emphasis in an effort to reduce traffic related deaths and serious
injuries.
Exhibits: Memorandum of Understanding
Budget Impact: Unanticipated revenue
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'" °�
MEMORANDUM OF UNDERSTANDING
WASHINGTON TRAFFIC SAFETY COMMISSION
THIS AGREEMENT, pursuant to Chapter 39.34 RCW, is made and entered into by and
between the KENT POLICE DEPARTMENT (Agency) and the Washington Traffic
Safety Commission (WTSC).
IT IS THE PURPOSE OF THIS AGREEMENT to provide overtime funding to law
enforcement agencies to conduct multijurisdictional, high visibility enforcement (HVE),
traffic safety emphasis patrols (as outlined in Addendum A), in support of Target Zero
priorities. The Target Zero Manager and Law Enforcement Liaison assigned to
your county shall coordinate the Scope of Work as outlined below:
TERM: October 1, 2013 - September 30, 2014
AMOUNTS
Impaired Driving: $6,600
CFDA# 20.600
Seat Belts: $1,600
CFDA # 20.602
These funds shall not be commingled and are only to be
utilized for the specific emphasis area.
SWV 0000662-00
(Agency) Statewide Vendor Number
IT IS, THEREFORE, MUTUALLY AGREED THAT:
1 . GOAL: To reduce traffic related deaths and serious injuries by engaging in impaired
driving and occupant protection multijurisdictional HVE patrols.
2. SCOPE OF WORK:
Impaired Driving:
Agency will engage in multijurisdictional HVE patrols for all or part of the following:
Holiday DUI Patrols; November 27, 2013 — January 1 , 2014
Summer Kick-Off DUI Patrols; July 1 , 2014 — July 13, 2014
Drive Sober or Get Pulled Over Labor Day DUI Crackdown;
August 15, 2014 — September 1 , 2014.
Created:August 7,2013 Page 1 of 9
25
These DUI patrols shall be deployed at locations where the data indicates that the
most traffic safety benefit can be realized as determined by the local Traffic Safety
Task Force. Patrols shall not begin before 4:00 pm and will occur Friday-Sunday,
with the exception of:
Wednesday and Thursday, November 27 and 28, (Thanksgiving);
Tuesday, December 31 and Wednesday, January 1 (New Year's Eve);
Thursday, July 3 (4h of July holiday), and;
Monday, September 1 (Labor Day.)
Seat Belts:
Agency will engage in multijurisdictional HVE seat belt-focused patrols on some or
all of the following dates:
Click it or Ticket - May 19 — June 1 , 2014
These patrols shall be deployed at locations where the data indicates that the most
traffic safety benefit can be realized as determined by the local Traffic Safety Task
Force. Wherever possible these patrols shall occur in areas with the lowest seat belt
use rates. These patrols will not begin before 4:00 pm. Agency agrees to take a
zero tolerance approach to seat belt and child car seat violations.
Law enforcement officers will complete the Emphasis Patrol Activity Logs and
forward to their Target Zero Manager within 48 hours of the completion of the seat
belt patrols.
3. CONDITIONS:
For each of the emphasis patrols listed above, Multilurisdictional High Visibility
Enforcement Protocols, as outlined in Addendum A of this document will be
followed. These protocols are incorporated in their entirety to this document by
reference. Exceptions to these protocols may only be provided by the WTSC
Program Director.
These are enforcement activities intended to apprehend impaired drivers, and
unbuckled vehicle occupants. It is expected that Notices of Infraction/Citation
(NOI/C's) will be issued at contact unless circumstances dictate otherwise.
Standardized Field Sobriety Testing (SFST) Training Requirement
Agency certifies that all officers participating in these patrols are SFST trained. To
meet this requirement:
• Officer must be BAC certified and have passed the SFST refresher
training within the prior three years, or
• Officer must have successfully completed Advanced Roadside Impaired
Driving Enforcement (ARIDE), or
• Officer must be a certified Drug Recognition Expert.
Created:August 7,2013 Page 2 of 9
26
Media Contacts:
All of these patrols are conducted as part of a highly publicized, statewide effort. As
such, publicity campaigns about these patrols are planned to alert the public to the
fact that extra patrols are targeting these violations. Therefore, Agency must
provide the names of at least two agency officers who can be available for media
requests and questions. *At least one of the individuals listed below must be
available for weekend media contacts, beginning at noon on Fridays before
mobilizations:
Name/Title Name/Title
Office Phone & e-mail Office Phone & e-mail
Cell Phone Cell Phone
❑ Available weekends per above?* ❑ Available weekends per above?*
4. PAYMENT FOR LAW ENFORCEMENT: Agency will provide commissioned law
enforcement with appropriate equipment (vehicle, radar, PBTs etc.) to participate in
these emphasis patrols. WTSC will reimburse for overtime at 1 .5 times officer's
normal rate plus Agency's contributions to employee benefits including FICA,
Medicare, Worker's Compensation and unemployment.
5. SHIFT LENGTH: Agency will not schedule individual officer shifts for longer than
eight hours. (WTSC understands there may be instances when more than eight
hours are billed because of DUI processing, etc.)
6. RESERVE OFFICERS: Agency certifies that any reserve officer for whom
reimbursement is claimed has exceeded his/her normal monthly working hours when
participating in this emphasis patrol and is authorized to be paid the amount
requested. Agency understands that reserve officers are not eligible for overtime for
this project.
7. DISPATCH: WTSC will reimburse communications officers/dispatch personnel for
work on this project providing Agency has received prior approval from their local
Target Zero Manager.
Created:August 7,2013 Page 3 of 9
27
8. GRANT AMOUNT: WTSC will reimburse Agency for overtime salary and benefits.
The total cost of overtime and benefits shall not be exceeded in any one campaign
area and funds may not be commingled between campaign areas.
Upon agreement by the Agency and the local Target Zero Manager, the DUI or
Occupant Protection allocation may be increased or decreased without amending
this agreement PROVIDED THAT the increase in the allocation does not exceed
50% of the original agreed amount for the specific emphasis area. Any increase in
allocation exceeding 50% will require an amendment to this document.
9. PERFORMANCE STANDARDS:
a. Participating law enforcement officers are required to make a minimum of 3
self-initiated contacts per hour of enforcement.
b. Some violator contacts may result in related, time-consuming activity. This
activity is reimbursable.
c. Other activities, such as collision investigation or emergency response that
are not initiated through emphasis patrol contact WILL NOT be reimbursed.
10. REIMBURSEMENT OF CLAIMS: Claims for reimbursement must include:
a. Invoice Voucher (Al9 Form).
1) Agency identified as the "Claimant'
2) Statewide Vendor Number
3) A Federal Tax ID #
4) Original signature of the agency head, command officer or
contracting officer, and
5) Other information denoted by arrows on the form.
b. Payroll support documents (signed overtime slips, payroll documents, etc.).
c. Emphasis Patrol Activity Logs showing 3 or more self-initiated contacts per hour.
Emphasis Patrol Activity Logs cannot be modified.
Payment cannot be made unless these activity logs are included.
The Invoice Voucher (A19 Form), payroll supporting documents, and Emphasis
Patrol Activity Logs shall be submitted to your Target Zero Manager for review and
approval. The Target Zero Manager will forward these documents to WTSC for
processing and payment.
Created:August 7,2013 Page 4 of 9
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11 . DEADLINES FOR CLAIMS
All claims must be approved by your Target Zero Manager, please allow
adequate time for processing in order to meet the following deadlines:
a. First Deadline: All claims for reimbursement for emphasis conducted from
October 1 , to June 30, must be received by WTSC no later than August 15,
2014.
b. Second Deadline: All claims for reimbursement for emphasis conducted
between July 1 and September 30 must be received by WTSC no later than
November 15, 2014.
Invoices submitted for reimbursement after the above dates, will not be paid.
WTSC will NOT accept faxed invoices.
12. DISPUTES: Disputes arising under this Memorandum shall be resolved by a panel
consisting of one representative of the WTSC, one representative from Agency, and a
mutually agreed upon third party. The dispute panel shall decide the dispute by majority
vote.
13. TERMINATION: Either party may terminate this agreement upon 30 days written
notice to the other party. In the event of termination of this Agreement, the terminating
party shall be liable for the performance rendered prior to the effective date of
termination.
14. SUPPLANTING DISCLAIMER: I certify that none of the funds for this project
supplant the normally budgeted funds of this agency nor do these funds pay for routine
traffic enforcement normally provided by this agency.
Created:August 7,2013 Page 5 of 9
29
IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT.
Agency Signature WTSC Signature
Printed Name Printed Name
(Date) (Date)
Agency Address (where fully executed copy of this document will be mailed):
Street
City, State Zip Attn:
Please return this signed MOU (No later than October 18, 2013) to
your Target Zero Manager:
Sara Wood
Kent Police Department
220 4th Ave. S.
Kent, WA 98032
Target Zero Manager will forward this signed document to:
Angie Ward, WTSC
621 — 8th Avenue SW, Suite 409
PO Box 40944
Olympia, WA 98504-0944
360.725.9888
o later than October 31 , 213
Created:August 7,2013 Page 6 of 9
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Addendum A
Multijurisdictional High-Visibility Enforcement Protocols
Purpose
This protocol is intended to guide Target Zero Managers, Law Enforcement
Liaisons, and law enforcement agencies in coordinating multijurisdictional
high visibility enforcement (HVE) mobilizations to address impaired driving
and seat belt use. These mobilizations are funded by federal highway
safety grants.
Goal
The goal of multijurisdictional high-visibility campaigns is to reduce fatal
and serious injury collisions through the coordination of:
• Publicity addressing increased enforcement, and
• Increased contacts and arrests of violators.
Method
Funding from the Washington Traffic Safety Commission (WTSC) will
support multijurisdictional HVE patrol activities to increase the number of
officers working on impaired driving, and occupant protection enforcement.
Public education and media will be coordinated by the Target Zero
Manager and Law Enforcement Liaison. The law enforcement activity will
support the media effort by demonstrating to the public that the media
messages are true; i.e., that "extra enforcement patrols (with a particular
focus) are going on now" so that the public takes the media messages
seriously.
The media work will support the police effort by encouraging voluntary
compliance with the law. The objective of multijurisdictional HVE patrol
activities is to change driver behavior by raising the awareness of
increased enforcement.
Definitions:
• HVE is enforcement of the law in conjunction with publicity that draws
the attention of the public to the enforcement activity.
Created:August 7,2013 Page 7 of 9
31
• Multijurisdictional enforcement is defined as a minimum of three law
enforcement agencies (LEA's) or patrol units participating at a
designated date and time, enforcing a specific activity, in a location
determined by the local Target Zero Task Force.
Responsibilities
WTSC:
• Provide Funding.
• Provide state/local traffic fatality and serious injury data
• Coordinate paid media at the state level.
• Lead news media efforts (if not lead by local TZM) for:
o Holiday DUI
o Click It or Ticket
o Drive Hammered Get Nailed.
• Summarize enforcement activity.
• Report results to the National Highway Traffic Safety Administration.
Target Zero Manager and Law Enforcement Liaison:
• Lead the development of Multijurisdictional High Visibility
Enforcement Mobilization Plans.
• Coordinate mobilization briefings.
• Lead news media efforts for:
o Summer DUI
• Lead news media efforts (optional) for all other mobilizations.
• Review and approve all MOUs, invoices, and other documentation
before submission to WTSC. This includes follow-up on incomplete
invoicing paperwork and Emphasis Patrol Activity Logs with
unexplained low contacts.
Law Enforcement Agencies:
• Send a representative to local task force meetings to plan mobilization
locations and exact dates.
Created:August 7,2013 Page 8 of 9
32
• Ensure availability of agency media contact, noted on page 3 of this
agreement, prior to and during all mobilization dates.
• Provide commissioned police officer(s) (active or paid reserve) with
appropriate equipment (vehicle, radar, etc.) to participate in
multijurisdictional HVE patrols.
• Ensure that officers assigned to the multijurisdictional HVE campaigns
are qualified to enforce the impaired driving laws as outlined on page 2,
section 3 of this agreement.
• Require all officers participating in multijurisdictional HVE patrols to
attend mobilization briefings.
• Ensure officers working the overtime conduct a minimum of three (3)
self-initiated contacts per hour.
This is an enforcement activity that is intended to apprehend violators. It
is expected that a Notice of Infraction/Citation (NOI/C) will be issued at
contact unless circumstances dictate otherwise. It is understood that
violator contacts may result in related, time-consuming activity. Such
activity will be considered for reimbursement.
Activity other than that initiated through HVE patrol contact
(investigating collisions, emergency responses, etc.) will be the
responsibility of the contracting agency and may not be
considered for reimbursement.
• Require officers to complete and submit multijurisdictional HVE patrol
productivity on WTSC Emphasis Patrol Activity Log.
Agency Signature Date
Created:August 7,2013 Page 9 of 9
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POLICE DEPARTMENT
� Ken Thomas, Chief of Police
KENT Phone: 253-856-5800
Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: November 12, 2013
TO: Public Safety Committee
SUBJECT: Six-Month Marijuana Zoning and Business License Moratorium - Ordinance
MOTION: Move to recommend Council adopt an Ordinance adopting a six-month
moratorium within the city of Kent prohibiting the establishment, location,
operation, licensing, maintenance or continuation of marijuana processors,
producers, and retailers claiming authorization under Chapter 69.50 RCW or any
other law of the state of Washington and setting a date for a public hearing.
SUMMARY:
At the Council Workshop on June 4, 2013, the Law Department presented an
update on marijuana land use issues. Council was advised that under the Kent City
Code, recreational marijuana production, processing, and retail sales are not specifically
identified as permitted uses, and thus, in accordance with KCC 15.09.065, these uses are
not automatically permitted uses within the City. The Law Department advised the
Council that because medical marijuana uses are specifically prohibited in all zoning
districts, the Planning Director's likely determination will be that recreational marijuana
land uses under I-502 most closely resemble medical marijuana land uses, and therefore
will not be permitted. Based on this information, Council decided to take no action, the
implication being that it is the policy of a majority of the City Council that marijuana land
uses, whether medical or recreational, are not permitted in the city of Kent, and that this
policy can be achieved without a zoning code amendment.
On October 21, 2013, the Liquor Control Board ("LCB") issued draft
recommendations to the legislature, recommending the elimination of medical marijuana
collective gardens and recommending that production, processing and retail sales of
medical marijuana be absorbed by the recreational marijuana regulations established
pursuant to I-502. This recommendation comes just before the LCB begins to accept
applications for recreational marijuana licenses. While the LCB may issue three licenses
for the retail sale of marijuana in Kent, there is no set limit on how many marijuana
producer or processor licenses the LCB may issue for Kent. Both the Law Department
and Planning staff have recently received multiple inquiries from individuals interested in
operating licensed marijuana facilities in Kent.
If the LCB's recommendations are adopted by the legislature, the Kent City Code
will refer to medical marijuana dispensaries and collective gardens, both of which will no
longer be permitted under state law. While the Law Department believes that marijuana
land uses will continue to be prohibited under the City's zoning code if the Council does
not take action, the Law Department is concerned that the lingering references to
34
medical marijuana dispensaries and collective gardens may cause confusion to the
general public, and may result in unnecessary litigation to determine the meaning of
Kent's code.
It is the Law Department's responsibility to ensure that the policy of the City
Council is achieved. At this stage, and in order to best support the Council's policy, the
Law Department is recommending a code amendment that will prohibit land uses and
business licenses for uses that constitute a federal crime unless the uses are specifically
permitted by the Kent City Code. Moreover, because the LCB will be accepting state
licenses for Kent starting November 18, 2013, the Law Department is recommending a
six-month moratorium prohibiting all marijuana land uses and business licenses. This
will allow the proposed code amendment to work its way through the Land Use and
Planning Board and the Economic and Community Development Committee process,
which will take approximately two or three months.
A moratorium may be passed without a public hearing on the condition that a
public hearing is held by the Council within 60 days after its passage. If the moratorium
is adopted, the hearing will be scheduled for January 7, 2014. A moratorium becomes
effective five days after its publication, though it may become effective immediately upon
passage if an emergency is declared and a majority-plus-one of the Council votes in
favor of its passage. A moratorium can be effective for up to six-months.
Exhibits: Moratorium Ordinance and Memorandum dated November 8, 2013
Budget Impact: None
CITY N
NT
LAW DEPANT
CIVIL DIVISION
220 4`"Avenue South
Kent, WA 98032
K C r I Fax: 253-856-6770
WASHGINIGVToN
PHONE: 253-856-5770
Memorandum
To: City Council
Suzette Cooke, Mayor
Tom Brubaker, Interim Chief Administrative Officer
Ken Thomas, Police Chief
Robert Nachlinger, Finance Director
Ben Wolters, Economic and Community Development Director
Fred Satterstrom, Planning Director
From: Arthur "Pat' Fitzpatrick, Acting City Attorney q'
Date: November 8, 2013
Re: Marijuana Zoning and Business License Code Revisions and Moratorium
On June 5, 2012, after numerous public hearings, the City Council passed Ordinance
4036, prohibiting medical marijuana collective gardens and dispensaries in each zoning district
within the City.
On November 6, 2012, the voters of Washington approved Initiative 502. I-502, which
amended Ch. 69.50 RCW, provides that the state licensed production, processing and retail
sale of marijuana does not constitute a crime under state law. I-502 requires the state Liquor
Control Board ("LCB") to develop rules for the implementation of the licensing provisions of I-
502. The LCB recently finalized the rules.
I-502 required the LCB to establish rules to determine the number of state licensed
retail outlets that may be located in each county. No similar provision exists for the state
licensed production or processing of marijuana. Recently, the LCB determined that it would
issue three state licenses for the retail sale of recreational marijuana in the city of Kent. For
production and processing, the location of these businesses will be market-driven. Thus,
production and processing land uses may be spread across the state or may be concentrated
in one city or county, which could include Kent.
Neither I-502 nor the rules established by the LCB address the location within a city of
state-licensed production, processing or retail sales facilities, other than a 1000 foot buffer
from elementary schools, secondary schools, playgrounds, recreation centers, child care
centers, public parks, transit centers, libraries, or game arcades.
While the state-licensed production, processing and retail sale of marijuana does not
constitute a crime under state law, the production, processing, distribution and possession of
marijuana continues to be a violation of the federal Controlled Substances Act ("CSA").
Marijuana continues to be a Schedule I controlled substance under both state and federal law.
In fact, the Kent Police Department partners with the federal Drug Enforcement Agency to
November 8, 2013 36
Page 12
investigate federal drug crimes, including crimes related to the manufacture, distribution and
possession of marijuana, which occur within the City and the surrounding community.
At a Council Workshop on June 4, 2013, the Law Department presented an update on
marijuana land use issues. Council was advised that under the Kent City Code, recreational
marijuana production, processing, and retail sales are not specifically identified as permitted
uses, and thus, in accordance with KCC 15.09.065, these uses are not automatically permitted
uses within the City. Rather, a person wishing to engage in one of these land uses will be
required to seek an administrative interpretation pursuant to KCC 15.09.060 and .065 that the
use closely resembles an existing land use that is expressly permitted in the zoning district.
The Law Department advised the Council that because medical marijuana uses are specifically
prohibited in all zoning districts, the Planning Director's likely determination will be that
recreational marijuana land uses under I-502 most closely resemble medical marijuana land
uses, and therefore will not be permitted.
Based on this information, Council decided to take no action, the implication being that
it is the policy of a majority of the City Council that marijuana land uses, whether medical or
recreational, are not permitted in the city of Kent, and that this policy will be achieved without
a zoning code amendment.
In a budget proviso this past session, the state legislature mandated that the LCB work
with the state Department of Health and Department of Revenue to create recommendations
for legislative amendments to integrate medical marijuana laws with the recreational system
developed under I-502. These recommendations must be submitted to the legislature by
January 1, 2014. On October 21, 2013, the LCB issued its draft recommendations for public
comment. The draft recommendations include both the elimination of medical marijuana
collective gardens and the ability of medical marijuana patients to grow their own marijuana,
and instead provides that the production, processing and retail sale of medical marijuana be
absorbed by the recreational marijuana production, processing and retail sales regulations
established pursuant to I-502.
If the LCB's recommendations are adopted by the legislature, the Kent City Code will
refer to medical marijuana dispensaries and collective gardens, both of which will no longer be
permitted under state law. While the Law Department believes that marijuana land uses will
continue to be prohibited under the City's zoning code if the Council does not take action, the
Law Department is concerned that the lingering references to medical marijuana dispensaries
and collective gardens will cause confusion to the general public, and may result in
unnecessary litigation to determine the meaning of Kent's code.
As this Council is aware, the area of marijuana regulation in the state of Washington
has been rapidly evolving, and we are presented with continual change in this arena. It is the
Law Department's responsibility to ensure that the policy of the City Council is achieved. At
this stage, and in order to best support the Council's policy, the Law Department is now
recommending a code amendment.
In order to place the Council in the best position to carry out its policy of prohibiting
marijuana land uses, the Law Department is recommending that Kent's zoning code be
amended to simply prohibit land uses that constitute a violation of state or federal law unless
specifically permitted by the Kent City Code. The Law Department is recommending a similar
2
November 8, 2013 37
Page 13
change to the City's business licensing code. With these changes, if a land use that may be
impliedly permitted by state law will result in the commission of a federal offense, the use will
not be permitted unless the Council takes positive action to make an exception in the Kent
City Code. This approach puts the Council in the driver's seat on these controversial issues,
and eliminates the reactionary approach that the City has been trying to keep pace with.
In addition, the LCB's preliminarily recommendation for the elimination of collective
gardens comes just before the LBC begins to accept applications for recreational marijuana
licenses. While the LCB may issue three licenses for the retail sale of marijuana in Kent, there
is no set limit on how many marijuana producer or processor facilities the LCB may license in
Kent. Both the Law Department and Planning staff have recently received multiple inquiries
from individuals interested in operating licensed marijuana facilities in Kent. In light of this,
the Law Department is recommending Council consider a six-month moratorium prohibiting all
marijuana land uses and business licenses. This will allow the above proposed code
amendment to work its way through the Land Use and Planning Board and the Economic and
Community Development Committee process, which will take approximately two or three
months.
A moratorium may be passed without a public hearing on the condition that a public
hearing is held by the Council within 60 days after its passage. A moratorium becomes
effective five days after its publication, though it may become effective immediately upon
passage if an emergency is declared and a majority-plus-one of the Council votes in favor of
its passage. A moratorium can be effective for up to six-months.
Attached you will find a moratorium for your consideration. This moratorium makes all
marijuana land uses prohibited for a period of six months, and prohibits the issuance of
business licenses related to marijuana business for that same period. The moratorium also
directs staff to process a permanent code provision consistent with the above recommendation
through the Land Use and Planning Board and the Economic and Community Development
Committee ultimately for consideration of the full Council.
P:\Civil\Files\Open Files\1789-Recreational Marijuana\Memo.docx
3
38
ORDINANCE NO.
AN ORDINANCE of the City Council of the
city of Kent, Washington, adopting a six-month
moratorium within the city of Kent prohibiting the
establishment, location, operation, licensing,
maintenance or continuation of marijuana
processors, producers, and retailers claiming
authorization under Chapter 69.50 RCW or any
other law of the state of Washington and setting a
date for a public hearing on the moratorium.
RECITALS AND PRELIMINARY FINDINGS OF FACT
A. On November 30, 1998, Washington voters approved Initiative 692,
now codified as Ch. 69.51A RCW, which created a limited affirmative
defense to certain marijuana-related criminal charges under state law if
the person charged could demonstrate that he or she was a qualifying
patient or designated provider as those terms are defined in Ch. 69.51A
RCW. Ch. 69.51A RCW has been amended a number of times. Most
recently, the state legislature passed a third amendment to the law,
ESSSB 5073, Chapter 181, Laws of 2011, portions of which the Governor
vetoed. The newly amended law took effect on July 22, 2011. As a result
of Ch. 69.51A RCW and its amendments, the City experienced an influx of
businesses which, either in the form of medical marijuana dispensaries or
collective gardens, distributed marijuana.
1 Six-Month Moratorium
Marijuana
39
B. On June 5, 2012, after numerous public hearings, the City Council
passed Ordinance 4036, prohibiting medical marijuana collective gardens
and dispensaries in each zoning district within the City.
C. On November 6, 2012, the voters of Washington approved Initiative
502. I-502, which amended Ch. 69.50 RCW, provides that the state
licensed production, processing and retail sale of marijuana does not
constitute a crime under state law. I-502 requires the state Liquor Control
Board ("LCB") to develop rules for the implementation of the licensing
provisions of I-502. The LCB recently finalized the rules.
D. While the state licensed production, processing and retail sale of
marijuana does not constitute a crime under state law, the production,
processing, distribution and possession of marijuana continues to be a
violation of the federal Controlled Substances Act ("CSA"). Marijuana
continues to be a Schedule I controlled substance under both state and
federal law. In fact, the Kent Police Department partners with the federal
Drug Enforcement Agency to investigate federal drug crimes, including
crimes related to the manufacture, distribution and possession of
marijuana, which occur within the City and the surrounding community.
E. While the Department of Justice ("DOY) issued a letter on August
29, 2013, indicating that enforcement of marijuana related regulations in
Washington should primarily rest with state and local law enforcement
agencies, the DO] also stated that if robust measures were ineffective to
guard against certain identified harms or in the event of reluctance on the
part of the state to ensure against the occurrence of identified harms, the
federal government reserved the right to enforce federal laws despite the
state's regulatory structure, and to challenge the state licensing structure
itself. In a letter dated August 30, 2013, and in response to the letter
from the DO], the National Sheriff's Association, the International
2 Six-Month Moratorium
Marijuana
40
Association of Chiefs of Police, the National Narcotic Officers Associations'
Coalition, the Major Cities Chiefs Police Association, and the Association of
State Criminal Investigative Agencies expressed extreme disappointment
in the position of the DO].
F. I-502 required the LCB to establish rules to determine the number
of state licensed retail outlets that may be located in each county. No
similar provision was made for state licensed production or processing.
Recently, the LCB determined that it would issue three state licenses for
the retail sale of recreational marijuana in the city of Kent. For production
and processing, the location of these businesses will be market-driven.
Thus, production and processing land uses may be spread across the state
or may be concentrated in one city or county, which could include Kent.
G. Neither I-502 nor the rules established by the LCB address the
location within a city of state licensed production, processing or retail sales
facilities, other than a 1000 foot buffer from elementary schools,
secondary schools, playgrounds, recreation centers, child care centers,
public parks, transit centers, libraries, or game arcades.
H. In 2005, in Gonzales v. Raich, 545 U.S. 1 (2005), the United States
Supreme Court determined that the intrastate regulation of marijuana is a
valid exercise of the power of Congress and that in the event of a conflict
between a state law that permits marijuana production, processing,
distribution and possession and the federal CSA, the federal CSA will be
deemed supreme. Therefore, it is unlikely that a court will determine that a
state law can require a city to permit a land use that constitutes a federal
crime under the federal CSA.
I. As a non-charter code city, Kent has specific authority to determine
the appropriate uses of land through its zoning authority. I-502 contained
3 Six-Month Moratorium
Marijuana
41
no language specifically limiting the authority of cities to determine
whether to permit marijuana land uses within city boundaries. In addition,
the LCB rules provide that the issuance of a state license shall not be
construed as a license for, or an approval of, any violations of local rules or
ordinances including, but not limited building and fire codes, zoning
ordinances, and business licensing requirements.
J. The production, processing, and retail sale or marijuana, which
remains illegal under federal law, has only recently become a permitted
activity under Washington state law. Colorado is the only other state that
permits the retail production, processing and sale of marijuana. Thus, the
land use impacts associated with state licensed production, processing and
retail sale of marijuana have not been established and are not understood.
K. While I-502 purports to create a system under state law to legally
produce, process, and sell marijuana, the operators of marijuana-related
businesses that have held themselves out as legally operating businesses
have consistently demonstrated an unwillingness to follow City
regulations. For example:
• Medical marijuana dispensaries in the City remained in operation
despite two moratoria on the maintenance of medical marijuana
dispensaries.
• Medical marijuana dispensaries ignored City business licensing
requirements or engaged in deception when completing business
license applications.
• Medical marijuana operators remained in operation despite the
pendency of criminal charges related to violations of City
ordinances.
• Property owners who leased space to medical marijuana
dispensaries have been unwilling to require tenants to operate
within the bounds of the City's zoning code.
4 Six-Month Moratorium
Marijuana
42
L. In at least one instance, a medical marijuana dispensary located in
the City was robbed at gun point, and the owner of the dispensary was
reluctant to report the crime to the Kent Police Department.
M. The City Council has determined that the passage of a six-month
moratorium on the production, processing or retail sale of marijuana will
serve the public health, safety and welfare.
N. The City Council has also determined that the passage of a six-
month moratorium on the issuance of any business license for the
production, processing or retail sale of marijuana will serve the public
health, safety and welfare.
O. The City Council has also determined that during the six-month
moratorium, staff shall develop and process a permanent zoning code
amendment that shall prohibit, in all zoning districts of the City, any land
use that constitutes a violation of a state or federal law, unless specifically
permitted in a specified zoning district, as well as a permanent amendment
to the business license code, that shall prohibit the issuance of a business
license to any business that constitutes a violation of a state or federal
law, unless the business is specifically permitted in the Kent City Code.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
S Six-Month Moratorium
Marijuana
43
ORDINANCE
SECTION 1, — Preliminary Findings of Fact. The recitals and
findings of fact set forth above are adopted as the city council's preliminary
findings in support of the moratorium imposed by this ordinance. The city
council may, in its discretion, adopt additional findings at the conclusion of
the public hearing referenced in Section 5 below.
SECTION 2, — Moratorium Imposed. Pursuant to the provisions of
Article 11, Section 11 of the Washington State Constitution, and RCW
35A.63.220 and RCW 36.70A.390, a moratorium is hereby enacted
prohibiting within the city of Kent the establishment, location, operation,
maintenance, continuation, permitting or licensing of any producer,
processor or retail seller of marijuana that is licensed by the state of
Washington pursuant to I-502 and Chapter 69.50 RCW. No building
permit, occupancy permit, or other development permit or approval shall
be issued for any of the purposes or activities listed above, and no
business license shall be granted or accepted while this moratorium is in
effect. Any land use permits, business licenses or other permits or
authorizations for any of these operations that are issued as a result of
error or by use of vague or deceptive descriptions during the moratorium
are null and void, and without legal force or effect.
SECTION 3, — No Nonconforming Uses. No use that constitutes or
purports to be a use prohibited in Section 2 this ordinance, that was
engaged in prior to the enactment of this ordinance shall be deemed to
have been a legally established use under the provisions of the Kent City
Code and that use shall not be entitled to claim legal nonconforming
status.
6 Six-Month Moratorium
Marijuana
44
SECTION 4, — Effective Period for Moratorium. This moratorium
shall take effect beginning five days from the date of its publication, and
shall be in effect for a period of six months thereafter, and shall
automatically expire at the conclusion of that six month period unless the
same is extended as provided in RCW 35A.63.220 or RCW 36.70A.390, or
unless terminated sooner by the city council.
SECTION S. — Public Hearing. Pursuant to RCW 35A.63.220 and
RCW 36.70A.390, the city council will hold a public hearing regarding this
moratorium at the city council's regular meeting, at 7:00 p.m. in Council
Chambers, Kent City Hall, on Tuesday, January 7, 2014, or as soon
thereafter as the business of the city council shall permit.
SECTION 6, — Referral to Staff. The planning director is hereby
authorized and directed to develop and recommend an appropriate land
use regulation that will prohibit within the City any land use that
constitutes a violation of federal or state law, unless otherwise specifically
identified as permitted in the Kent City Code. The finance director is
hereby authorized and directed to develop and recommend appropriate
business licensing and other regulations that will prohibit within the City
any business that constitutes a violation of federal or state law, unless
otherwise specifically identified as permitted in the Kent City Code.
SECTION 7, — Severabilitv. If any one or more section, subsection,
or sentence of this ordinance is 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.
7 Six-Month Moratorium
Marijuana
45
SECTION S. — Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; references to other local, state or federal laws,
codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
SECTION 9, — Effective Date. This ordinance shall become effective
five (5) days after its publication. The city clerk is directed to publish a
summary of this ordinance at the earliest possible publication date.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
ARTHUR 11PAT" FITZPATRICK, ACTING CITY ATTORNEY
8 Six-Month Moratorium
Marijuana
46
PASSED: day of 2013.
APPROVED: day of 2013.
PUBLISHED: day of 2013.
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)
RONALD F. MOORE, CITY CLERK
P:\Civil\Ordinance\Moratorium Marijuana Land Uses 2013.DRAFT.docx
P:\Civil\Ordinance\Moratorium Marijuana Land Uses 2013.DRAFT.docx
9 Six-Month Moratorium
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POLICE DEPARTMENT
� Ken Thomas, Chief of Police
KENT Phone: 253-856-5800
Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: November 12, 2013
TO: Public Safety Committee
SUBJECT: Police Chief's Update — Information Only
Information Only
SUMMARY: Ken Thomas, city of Kent Police Chief, will present information regarding
current events affecting the police department including:
Kent Police Conduct Illegal Street Racing Enforcement Operations
Enforcement made possible by State Farm Insurance grant.
KENT, Wash. — November 5, 2013 — Kent Police conducted three illegal street racing
enforcement operations in August and September 2013 resulting in 131 contacts, 101
traffic infractions including one for an intermediate driver's license violation, 39 equipment
violations, 14 for no insurance, 2 reckless driving arrests, and one misdemeanor warrant
arrest. In the weekends following the enforcement activity, officer's report responding to
less 9-1-1 calls involving racing in the Kent valley.
State Farm Insurance provided a grant in the amount of $3,750 to staff officers on three
nights in areas known for racers to congregate. On any given weekend, during nice
weather, it is not uncommon for over 200 cars to congregate preparing to race. South
King County Police Departments have been working for years to change the environment
that racers enjoy and create ordinances making this dangerous behavior illegal. In Kent,
the Stay Out of Areas of Racing (SOAR) ordinance is in effect which makes it unlawful to
be in any SOAR identified area.
"The racer issue will likely not go away in the valley area of South King County. We will
continue to enforce SOAR and work with our Police Department neighbors to implement
effective enforcement strategies aimed at illegal street racing. Kent will continue its
important work of strictly enforcing traffic laws, keeping our roads safe, and reduce
serious injuries and fatalities caused by excessive speed and racing," said Traffic Unit
Sergeant Robert Constant.
City of Kent's goal is to reach zero serious injuries and fatalities by 2030 as part of the
Washington State's "Target Zero" goal.