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HomeMy WebLinkAboutCity Council Committees - Public Safety (Committee) - 11/10/2015 Public Safety Committee Agenda Councilmembers: Dana Ralph - Les Thomas - Jim Berrios, Chair November 10, 2015 4:30 p.m. Item Description Action Speaker Time Page 1. Call to order Chair Berrios 1 2. Roll Call Chair Berrios 1 Council President Ralph - Excused Absence 3. Changes to the Agenda Chair Berrios 1 4. Approval of Minutes, dated October 13, 2015 YES Chair Berrios 5 1 5. SAMHSA Drug Free Communities Grant - YES Stacy Judd 5 3 Recommend 6. SAMHSA STOP Act Grant Award - NO Stacy Judd 5 17 Information Only 7. Ordinance Prohibiting Fireworks - YES Tammy White, 5 21 Recommend Assistant City Attorney 8. Parking of Commercial Trucks on City NO Tammy White, 5 33 Streets - Discussion Only Assistant City Attorney 9. Police Chief's Update - Information Only NO Chief Ken 15 51 • School Zone Camera Report Thomas • Staffing Update • Police/Community Projects Unless otherwise noted, the Public Safety Committee meets at 4:30 p.m. on the second Tuesday of each month in Kent City Hall, Council Chambers East, 220 41h Ave S, Kent, 98032. For additional 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 Washington Telecommunications Relay Service at 1-800-833-6388. 1 Public Safety Committee Minutes October 13, 2015 Item 1 - CALL TO ORDER Committee Chairperson Les Thomas called the meeting to order at 4:30 p.m. Item 2 - COMMITTEE MEMBERS PRESENT Council President Dana Ralph, Committee member Les Thomas and Councilmember Bill Boyce were present. Committee Chair Jim Berrios had an excused absence. Item 3 - Changes to the Agenda None Item 4 — Aporoval of meeting minutes dated September 8, 2015 Council President Ralph MOVED to approve the minutes of September 8, 2015. The motion was SECONDED by Councilmember Boyce and PASSED 3- 0. Item 5 — Grant Update Sara Wood, Research and Development Analyst, presented information regarding the 2015 Washington Traffic Safety Commission grant for data driven approaches to crime and traffic safety. The city was awarded $33,400 to implement a new approach to crime and traffic safety. Police officers deploy traditional traffic enforcement in areas of the city where repeated crimes occur. The grant was written for the 108th and 208th, 256th and 104th and the downtown core area. Kent is the only city on the west coast using this approach to crime and safety. Sara indicated that they will use the 240th & 104th area as the control group of the study. $10,000 has been set aside for community outreach. Sara provided information regarding the correlation between crimes and driving offenses. A lot of crime is committed by people in cars and basic traffic enforcement may deter crimes in those areas. Funds were received October ist, officers will start enforcement in November and the grant term ends September of 2016. Sara will follow up with the committee regarding the results of the program. Item 6. — Fifth Amendment to Corrections Facility Medical Services Agreement — Recommend. Diane McCuistion, Jail Commander, presented information regarding the Fifth Amendment to Corrections Facility Medical Services Agreement extending the contract for an additional five year term. The contract is for healthcare services for inmates that are provided by Valley Medical Center. The contract originated in 2004. The new contract's changes to services and hours reduce the annual cost from $459,904 to $344,340 plus a $60,000 administrative fee. Lifetime of 5 year contract's overall savings will total $277,820. The city is required to provide medical care for inmates while they are incarcerated. Council President Ralph clarified that an inmates' private insurance is suspended during the time they are incarcerated. Page I 1 2 Councilmember Boyce MOVED to recommend Council authorize the Mayor to approve a five year extension to the contract between the Kent Correctional Facility and Valley Medical Center/Occupational Health Services for inmate health care in the amount of $344,340 annually with terms and conditions acceptable to the city attorney and police chief. The motion was SECONDED by Council President Ralph and PASSED 3-0. Item 7. — Police Chief's Update — Information Only Chief Ken Thomas advised the committee regarding current events affecting the police department: A. Chief Thomas reminded everyone of the police community meeting on Thursday, October 15, 2015, at 7:00 p.m. at Panther Lake Elementary. Crime statistics and crime data will be presented to the community. Additionally, the Chief will present information regarding the department's efforts regarding gang activity. Traffic Sergeant Mike Schanbacher will present information on the traffic unit in addition to Commanders talking about crimes in their respective sectors. B. Chief Thomas presented additional information regarding the data driven approach to crime and traffic safety. The majority of crime studies show that a higher police presence drives down the crime in those areas in addition to providing a sense of safety for the residents in those areas. C. Chief Thomas presented an update regarding racing. The police department decided to implement a "heavy presence" vs. 'heavy enforcement" when dealing with racers. Since the officers were not tied up with enforcement, they were able to spend their time enforcing, the racers ended up leaving town. The Police department is adapting their strategies. The meeting was adjourned at 4:30 p.m. by Council Member Thomas. Resp ctfully bmitt wvt Kim Komoto Public Safety Committee Secretary S:W9ugGy auks Ufre\CM mewgWenu Wmnnees\h9"a sxery Icmmnc^liou\aooegv.ntez.mc Page 12 3 POLICE DEPARTMENT \ � Ken Thomas, Chief of Police v KtNT Phone: 253-856-5800 . . ..... Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: November 10, 2015 TO: Public Safety Committee SUBJECT: SAMHSA Drug Free Communities Grant - Recommend MOTION: Move to recommend Council authorize the Mayor to sign the Drug Free Communities Support Program Grant from the Substance Abuse and Mental Health Services Administration in the amount of $125,000, amend the budget, and authorize expenditure of the grant funds in accordance with the grant's terms and conditions. SUMMARY: The City has been awarded this competitive federal Drug Free Communities Grant by the Department of Health and Human Services and the Office of National Drug Control Policy. This is a five year grant funded separately each year. Kent has been awarded $125,000 for the Federal fiscal year of September 30, 2015 through September 29, 2016. This grant project requires a 100% match, which the City will achieve mostly through salaries and benefits of staff who work on the grant project. The grant funds will be used for drug and alcohol prevention activities identified by the Kent Drug Free Coalition, Kent Police youth board projects, including the Game of Life youth conference. Exhibit: Notice of Award Budget Impact: Matching funds achieved through the payment of salaries and benefits. Notice of Award 4 t DFC Issue Date: 08/06/2015 Department of Health and Human Services 14� Substance Abuse and Mental Health Services Administration Center for Substance Abuse Prevention Grant Number: 5H79SP02 041 9-07 FAIN: SP020419 Program Director: Stacy Judd Project Title: DFC Grantee Address Business Address CITY OF KENT Kenneth Thomas Stacy Judd Chief of Police City of Kent Kent Police Department 220 4th Avenue South 220 4th Avenue South Kent, WA 980325895 Kent, WA 980325895 Budget Period: 09/30/2015—09/29/2016 Project Period: 09/30/2014—09/29/2019 Dear Grantee: The Substance Abuse and Mental Health Services Administration hereby awards a grant in the amount of $125,000 (see "Award Calculation" in Section I and "Terms and Conditions" in Section III) to CITY OF KENT in support of the above referenced project. This award is pursuant to the authority of the DFC Act 1997 (PL 105-20) reauth.PL107-82,115 STAT 814 and is subject to the requirements of this statute and regulation and of other referenced, incorporated or attached terms and conditions. Award recipients may access the SAMHSA website at www.samhsa.gov (click on "Grants" then SAMHSA Grants Management), which provides information relating to the Division of Payment Management System, HHS Division of Cost Allocation and Postaward Administration Requirements. Please use your grant number for reference. Acceptance of this award including the "Terms and Conditions" is acknowledged by the grantee when funds are drawn down or otherwise obtained from the grant payment system. If you have any questions about this award, please contact your Grants Management Specialist and your Government Project Officer listed in your terms and conditions. Sincerely yours, Karen Warner Grants Management Officer Division of Grants Management See additional information below Page-1 5 SECTION I—AWARD DATA—5H79SP020419-07 Award Calculation (U.S. Dollars) Salaries and Wages $8,209 Fringe Benefits $1,005 Personnel Costs (Subtotal) $9,214 Supplies $25,125 Consortium/Contractual Cost $58,230 Travel Costs $18,468 Other $13,963 Direct Cost $125,000 Approved Budget $281,250 Federal Share $125,000 Non-Federal Share $156,250 Cumulative Prior Awards for this Budget Period $0 AMOUNT OF THIS ACTION (FEDERAL SHARE) $125,000 SUMMARY TOTALS FOR ALL YEARS YR I AMOUNT 7 $125,000 8 $125,000 9 $125,000 10 $125,000 *Recommended future year total cost support, subject to the availability of funds and satisfactory progress of the project. Fiscal Information: CFDA Number: 93.276 EIN: 1916001254A2 Document Number: 14SP20419A Fiscal Year: 2015 IC CAN Amount SP C96R655 $125,000 IC CAN 2015 2016 2017 2018 SP C96R655 $125,000 $125,000 $125,000 $125,000 SP Administrative Data: PCC: DFC/OC: 4145 SECTION 11 —PAYMENT/HOTLINE INFORMATION —5H79SP020419-07 Payments under this award will be made available through the HHS Payment Management System (PMS). PMS is a centralized grants payment and cash management system, operated by the HHS Program Support Center (PSC), Division of Payment Management (DPM). Inquiries regarding payment should be directed to: The Division of Payment Management System, PO Box 6021, Rockville, MD 20852, Help Desk Support—Telephone Number: 1-877-614-5533. The HHS Inspector General maintains a toll-free hotline for receiving information concerning Page-2 6 fraud, waste, or abuse under grants and cooperative agreements. The telephone number is: 1- 800-HHS-TIPS (1-800-447-8477). The mailing address is: Office of Inspector General, Department of Health and Human Services, Attn: HOTLINE, 330 Independence Ave., SW, Washington, DC 20201. SECTION III —TERMS AND CONDITIONS—SH79SP020419-07 This award is based on the application submitted to, and as approved by, SAMHSA on the above-title project and is subject to the terms and conditions incorporated either directly or by reference in the following: a. The grant program legislation and program regulation cited in this Notice of Award. b. The restrictions on the expenditure of federal funds in appropriations acts to the extent those restrictions are pertinent to the award. c. 45 CFR Part 75 as applicable. d. The HHS Grants Policy Statement. e. This award notice, INCLUDING THE TERMS AND CONDITIONS CITED BELOW. Treatment of Program Income: Additional Costs SECTION IV— SP Special Terms and Conditions—SH79SP020419-07 REMARKS A grant award recipient, also referred to as recipient, may carryover previous unobligated balance (UOB) of funds up to 10 percent of the total Federal share from the current budget period (the year in which the funds will be needed) without prior approval from the Grants Management Officer (GMO). The intention to carryover up to this threshold must be reflected in the remarks section of the Federal Financial Report (FFR) submitted for the FY 2015 budget period. The subsequent FFR must reflect the actual UOB carryover amount in the remarks section. If the amount of carryover exceeds 10 percent, the GMO will notify the recipient that they must return the Federal share over the threshold due to noncompliance and may rescind this authority. However, the recipient may request for approval, a carryover above the 10 percent threshold, but must submit a detailed budget and narrative justification if the program requires additional funds. The total amount requested and justified must be both the 10 percent plus the amount requested over that in order to analyze the total unobligated balance of funds. The applicability of this authority for your project is stated above. DFC recipients are strongly encouraged to keep DFC Federal staff informed of any modifications to a previously approved budget. Please refer to the DFC Grant Award Recipient Handbook at http://www.whitehouse.gov/ondcp/information-for-current-grantees for Roles and Responsibilities of the Recipient, as well as the Federal staff that support the DFC Program. Federal staff contact information is available at http://www.whitehouse.gov/ondcp/Drug-Free-Communities-Support- Program/contacts. PROGRAM OVERVIEW The Drug-Free Communities (DFC) Support Program is a collaborative effort between the Office of National Drug Control Policy (ONDCP) and the Substance Abuse and Mental Health Services Administration (SAMHSA). ONDCP issues grant awards to community coalitions through an interagency agreement with SAMHSA. According to the Drug-Free Communities Act of 1997, the purpose of DFC funding is to address two major goals: 1) establish and strengthen collaboration among communities, public and private non-profit agencies, and Federal, state, local and Tribal Page-3 7 governments to support the efforts of community coalitions and 2) reduce substance use among youth and, over time, among adults. While responsibility rests with the recipient for achieving the primary goals of the program, SAMHSA shall monitor and provide continuing technical assistance, consultation, and coordination in the implementation of the project during the funding period. You can find additional details about the support available to you as a recipient on the program's website at http://www.wh ite ho use.gov/ondcp/Drug-Free-Communities-Support-Prog ram. In addition to these Terms and Conditions and the applicable statutes and regulations, recipients are bound by all requirements in the Request for Applications (RFA) for the FY 2015 Drug-Free Communities (DFC) Support Program available at hftp:/Avww.samhsa.gov/grants/grant- announcements/sp-15-001. TERMS AND CONDITIONS OF AWARD Failure to comply with Terms and Conditions may result in a financial drawdown restriction on your Payment Management System Account or denial of funding in the future as outlined in the following section. Sub-recipients and contractors under grants are subject to the requirements of the cost principles otherwise applicable to their type of organization and to any requirements placed on them by the recipient to be able to comply with the Terms and Conditions of the award. PROGRESSIVE DISCIPLINE AND APPEALS PROCESS If for any reason you do not comply with the applicable terms, conditions, rules and regulations for the DFC Program, your grant will be subject to the Progressive Discipline and Appeals Process developed by ONDCP and SAMHSA. There are three progressive discipline actions that can be taken: 1) High Risk status, 2) Suspension, and 3) Termination. Failure to comply with special Terms and Conditions may also result in a financial drawdown restriction on your Payment Management System Account or denial of funding in the future. An overview of this plan and the complete explanation and procedures are posted on the Drug- Free Communities Support Program website at http://www.whitehouse.gov/ondcp/information-for- current-grantees or can be linked through http://www.samhsa.gov/Grants/management.aspx. ROLES AND RESPONSIBILITIES OF THE RECIPIENT For the purposes of the DFC Program, a "recipient" is either a coalition that has received a grant or is an outside agent that is serving as the recipient on behalf of a community coalition. The following Statutory Eligibility Requirements must be met each year while the coalition is funded by the DFC Program. Failure to meet any of these requirements is considered non-compliance with grant regulations (see Progressive Discipline and Appeals Process). Statutory Eligibility Requirements for DFC-funded coalitions (if you are the recipient for a separate coalition, you are still responsible for ensuring all eligibility criteria are met by the coalition): o The coalition must at all times have at least one representative from the required 12 sectors, as outlined in the RFA and the Drug-Free Communities Act of 1997, The coalition must maintain meeting minutes that demonstrates it is a unique entity that has substantial involvement from its members and is working toward the two goals of the DFC Program, 11 The coalition must address multiple (more than one) drugs in its 12-Month Action Plans for each year of funding, The coalition must have as its principal mission the reduction of youth substance use, The coalition has not received more than 10 years of DFC funding, The coalition must capture and provide specific data as required in the Request for Applications (RFA) and vetted by the DFC National Evaluation team, The recipient must be an entity eligible to receive Federal funds, Page-4 8 The recipient must not request more than $125,000 per year; The recipient must document the level of non-Federal match defined in the DFC Act, and 11 The recipient can only be awarded one DFC Grant at a time. Other Requirements for all DFC Recipients (coalitions or outside agents): 11 The recipient must continue implementing the specific goals and objectives outlined in their approved application for DFC funding. The recipient must develop a funding plan that ensures (1) the required match of requested Federal funds and (2) solicits substantial financial support from non-Federal sources for sustainability purposes. 11 The lead paid "key" personnel (Program Director/Project Coordinator) of the DFC- funded coalition must participate in DFC Me link(https://www.whitehouse.gov/ondcp/dfcme) so that he/she receives information from ONDCP DFC Staff on a timely basis (see Special Term#7 below for more details). 11 The recipient must use the Strategic Prevention Framework (SPF), a five-step evidence based process for community planning and decision making. 11 The recipient must plan and implement appropriate environmental strategies as part of their comprehensive 12-Month Action Plan. Requirements for Recipients in Year 3 and 7: The coalition must submit via email a Sustainability Plan to the Government Project Officer (GPO) within 60 days of the start of years 3 and 7 of DFC funding. The GPO will review and provide the coalition with feedback on this plan within 30 days of receipt. RESTRICTIONS ON RECIPIENT LOBBYING (c) Title 18 > Part I > Chapter 93 > Section 1913: No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, a jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law, ratification, policy, or appropriation, whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy, or appropriation, but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to any such Member or official, at his/her request, or to Congress or such official, through the proper official channels, requests for any legislation, law, ratification, policy, or appropriations which they deem necessary for the efficient conduct of the public business, or from making any communication whose prohibition by this section might, in the opinion of the Attorney General, violate the Constitution or interfere with the conduct of foreign policy, counter-intelligence, intelligence, or national security activities. Violations of this section shall constitute as a violation of section 1352(a) of title 31. SPECIAL TERMS OF AWARD 1. The recipient must receive and expend non-Federal matching funds as required in the Request for Applications (RFA) and the Drug-Free Communities Act. In-kind support (i.e., donations, volunteer time, etc.) may also be used to satisfy the match requirement. 2. The recipient must comply with the DFC National Evaluation requirements. ONDCP requires all recipients to collect core measures data specific to the geographic area designated in the approved application. The core measures data collection size must be sufficient to provide an accurate and meaningful statistical representation of the people being surveyed in each of the geographical areas served by the coalition. Data for the following four core measures must be collected and reported every two years on alcohol, tobacco, marijuana, and prescription drugs for three grades (6th - 12th) with a recommended combination of at least one middle school and at least one high school grade: Page-5 9 1. Past 30-day use 2. Perception of risk or harm 3. Perception of parental disapproval of use 4. Perception of peer disapproval of use The recipient is responsible for providing these core measures data every two years on or before the deadline established for each reporting period as highlighted on the program website at http://www.wh ite ho use.gov/ondcp/Drug-Free-Communities-Support-Prog ram. Failure to meet established deadlines could result in the GPO placing the recipient on High-Risk status, which could lead to an eventual suspension or termination of the grant for failure to comply with reporting requirements. ONDCP reserves the right to change measures for effective and meaningful evaluation of the program. 3. When requested, the recipient must develop a Corrective Action Plan (CAP) and complete the approved plan within the designated timeframe designated by the GPO. The Corrective Action Plan must be designed to address identified deficiencies in performance and/or in the conditions contributing or causing the identified unsatisfactory performance. 4. Recipients are required to adhere to all the sections of the Roles and Responsibilities of Grantees, as outlined in earlier sections of the Notice of Award (NoA). 5. The recipient must continue to meet the Statutory Eligibility Requirements, as required by the original RFA and the Drug-Free Communities Act during each year of funding. 6. Requests to carryover funds from one fiscal year to another are due to the GMO by the first Monday in February. All such requests must include existing budget line item detail and carryover line item detail and a copy of the coalition meeting minutes showing coalition approval of the request. 7. The lead paid "key" personnel (Program Director/Project Coordinator of the DFC-funded coalition must participate in DFC Me at https://www.whitehouse.gov/ondcp/dfcme so that he/she receives information from ONDCP DFC Staff on a regular basis. This includes submitting the lead paid "key" personnel contact information, as well as the contact information of one member from each of the required 12 sectors. The lead paid "key" personnel is required to discuss the use of DFC Me with sector members chosen to represent each sector, so that they understand their role in distribution of information sent to them. Information sent to specific sectors will always be sent to the lead paid "key" personnel. 8. The DUNS number recipients use on their application must be registered and active in the System for Award Management (SAM) which can be accessed at https://www.sam.gov. Recipients must update their SAM information at least every 12 months to maintain an active account. STANDARD TERMS OF AWARD 1. Performance Goals: Recipients must comply with the implementation, monitoring, and evaluation of the accepted goals, milestones, and expected outcomes as reflected in both the 12-Month Action Plan and the RFA. All requirements specified around grant implementation and four core measures data collection must be followed. 2. Indirect Cost Rates: §200.414/§75.414 Page-6 10 (f) In addition to the procedures outlined in the appendices in paragraph (e) of this section, any non-Federal entity that has never received a negotiated indirect cost rate, except for those non- Federal entities described in Appendix VII to Part 200/Appendix VI to part 75 -States and Local Government and Indian Tribe Indirect Cost Proposals, paragraph D.1.1b, may elect to charge a de minimis rate of 10% of modified total direct costs (MTDC)which may be used indefinitely. As described in §200.403/§75.403 Factors affecting allowability of costs, costs must be consistently charged as either indirect or direct costs, but may not be double charged or inconsistently charged as both. If chosen, this methodology once elected must be used consistently for all Federal awards until such time as a non-Federal entity chooses to negotiate for a rate, which the non-Federal entity may apply to do at any time. (g) Any non-Federal entity that has a current federally negotiated indirect cost rate may apply for a one-time extension of the rates in that agreement for a period of up to four years. This extension will be subject to the review and approval of the cognizant agency for indirect costs. If an extension is granted the non-Federal entity may not request a rate review until the extension period ends. At the end of the 4-year extension, the non-Federal entity must re-apply to negotiate a rate. Subsequent one-time extensions (up to four years) are permitted if a renegotiation is completed between each extension request. 3. Mandatory disclosures The non-Federal entity or applicant for a Federal award must disclose, in a timely manner, in writing to the Federal awarding agency or pass-through entity all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Failure to make required disclosures can result in any of the remedies described in §200.338 Remedies for noncompliance, including suspension or debarment. (See also 2 CFR part 180 and 31 U.S.C. 3321). 4. English Language All Federal financial assistance announcements and Federal award information must be in the English language. Applications must be submitted in the English language and must be in the terms of U.S. dollars. If the Federal awarding agency receives applications in another currency, the Federal awarding agency will evaluate the application by converting the foreign currency to United States currency using the date specified for receipt of the application. Non-Federal entities may translate the Federal award and other documents into another language. In the event of inconsistency between any terms and conditions of the Federal award and any translation into another language, the English language meaning will control. Where a significant portion of the non-Federal entity's employees who are working on the Federal award are not fluent in English, the non-Federal entity must provide the Federal award in English and the language(s) with which employees are more familiar. 5. The Division of Grants Management created a Public Assistance (P) Account in the Division of Payment Management's (DPM) Payment Management System to provide a separate accounting of Federal funds per the SAMHSA grant. When discussing your account with the DPM's Account Representative, provide the document number identified on Page 2 of the Notice of Award under Section I - AWARD DATA, Fiscal Information.6As the recipient organization, you acknowledge acceptance of the grant Terms and Conditions by drawing down or otherwise obtaining funds from the Payment Management System. In doing so, your organization must ensure that you exercise prudent stewardship over Federal funds and that all costs are allowable, allocable and reasonable. 6. Recipients must adhere to all applicable requirements of the Fiscal Year 2012 Consolidated Appropriations Act provisions in PL 112-74 for the Department of Labor, Health and Human Services, and Education and the Department of Interior and Related Agencies and from the Consolidated and Further Continuing Appropriations Act, Fiscal Year 2012, Public Law 112- 55 for the United States Department of Agriculture, and Related Agencies. Page-7 11 7. This grant is subject to the Terms and Conditions as stated in Section III (Terms and Conditions) of the NoA. Refer to the "order of precedence"that explains the laws and regulations that govern the award. 8. The recipient organization is legally and financially responsible for all aspects of this grant. The Department of Health and Human Services' (HHS), Office of General Counsel (OGC) has provided guidance on how the lobbying restrictions in the Fiscal Year 2012 Consolidated Appropriations Act (CAA, 2012) will affect HHS programs. Section 503 of the Labor, HHS, and Education Appropriation Act (Division F of the CAA, 2012) is the most comprehensive provision focused on lobbying restrictions. Recent changes to this section may have implications for SAMHSA and its recipients. Language provided by OGC, below provides specific guidance on: agency actions, recipient lobbying, tax increases and other restrictions on legal consumer products, and clarification of Internal Revenue Code provisions. Section 503 - Agency Actions a) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111-148 shall be used, other than for normal and recognized executive- legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat the enactment of legislation before the Congress or any state or local legislature or legislative body, except in presentation to the Congress or any state or local legislature itself, or designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any state or local government, except in presentation to the executive branch of any state or local government itself. Section 503(b) - Recipient and Contractor Lobbying b) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111-148 shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, regulation, administrative action, or Executive Order proposed or pending before the Congress or any state government, state legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a state, local or tribal government in policymaking and administrative processes within the executive branch of that government. c) The prohibitions in subsections (a) and (b) shall include any activity to advocate or promote any proposed, pending or future Federal, state or local tax increase, or any proposed, pending, or future requirement or restriction on any legal consumer product, including its sale or marketing, including but not limited to the advocacy or promotion of gun control. 9. Grant funds cannot be used to supplant current funding of existing activities. Under the HHS Grants Policy Directives, 1.02 General--Definition: Supplant is to replace funding of a recipient's existing program with funds from a Federal grant. 10. The recommended future support as indicated on the NoA reflects TOTAL costs (direct plus indirect). Funding is subject to the availability of Federal funds, the demonstration of matching funds, and acceptable documentation of the progress of the grant. 11. Confidentiality of Alcohol and Drug Abuse Patient Records Regulations (42 CFR 2) are applicable to any information about alcohol and other drug abuse patients obtained by a program (42 CFR 2.11) if the program is Federally-assisted in any manner (42 CFR 2.12b). Accordingly, all project patient records are confidential and may be disclosed and used only in accordance with (42 CFR 2). The recipient is responsible for assuring compliance with these regulations and principles, including responsibility for assuring the security and confidentiality of all electronically transmitted patient material. Page-8 12 12. Accounting Records and Disclosure: Awardees and sub-recipients must maintain records which adequately identify the source and application of funds provided for financially assisted activities. These records must contain information pertaining to grant or sub-grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays or expenditures, and income. The awardee, and all its sub-recipients, should expect that SAMHSA, or its designee, may conduct a financial compliance audit and on-site program review of grants with significant amounts of Federal funding. 13. Per (45 CFR 75) and the HHS Grants Policy Statement, any copyrighted or copyrightable works developed under this cooperative agreement/grant shall be subject to a royalty-free, non- exclusive and irrevocable license to the government to reproduce, publish, or otherwise use them and to authorize others to do so for Federal government purposes. Income earned from any copyrightable work developed under this grant must be used as program income. 14. A notice in response to the President's Welfare-to-Work Initiative was published in the Federal Register on May 16, 1997. This initiative is designed to facilitate and encourage recipients and their sub- recipients to hire welfare recipients and to provide additional needed training and/or mentoring as needed. The text of the notice is available electronically on the OMB home page at http://www.whitehouse.gov/omb/fedreg/omb-not.html. 15. Program income accrued under the award must be accounted for in accordance with (45 CFR 75.307 (e)(2)) as applicable. Program income must be reported on the Federal Financial Report (FFR), Standard Form 425. Program income accrued under this award may be used in accordance with the additional costs alternative described in (45 CFR 75.307(e)(2)) as applicable. Program income must be used to further the grant objectives and shall only be used for allowable costs as set forth in the applicable OMB Circulars A-102 (Grants and Cooperative Agreements with State and Local Governments) and A-110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations). 16. Actions that require prior approval must be submitted in writing to the Grants Management Officer (GMO), SAMHSA. The request must bear the signature of the authorized business official of the recipient organization as well as the Program Director. Approval of the request may only be granted by the GMO and will be in writing. No other written or oral approval should be accepted and will not be binding on SAMHSA. Post-award changes and instructions may be found at http://www.samhsa.gov/grants/grants-management/post-award-changes . 17. The recipient is required to notify the GMO and Government Program Official (GPO) in writing if the Program Director (PD) or Project Coordinator (PC) "key" personnel specifically named in the NoA will withdraw from the project entirely, be absent from the project during any continuous period of three months or more, or reduce time devoted to the project by 25 percent or more from the level that was approved at the time of award (for example, a proposed change from 40 percent effort to 30 percent or less effort). SAMHSA must approve any alternate arrangement proposed by the recipient, including any replacement of the PD or key personnel named in the NoA. The request for approval of a substitute PD/key personnel should include a justification for the change, the biographical sketch of the individual proposed, other sources of support (if applicable), and any budget changes resulting from the proposed change. If the arrangements proposed by the recipient, including the qualifications of any proposed replacement, are not acceptable to SAMHSA, the grant may be suspended or terminated. If the recipient wants to terminate the project because it cannot make suitable alternate arrangements, it must notify the GMO, in writing and copy the GPO, of its wish to terminate. The GMO will forward closeout instructions. Key personnel (or key personnel positions, if personnel has not been selected) are listed below: Page-9 13 Stacy Judd, Program Director @ 80% level of effort Sara Wood, Project Coordinator @ 20% level of effort All changes in key personnel including level of effort must be sent electronically to the GPO including a biographical sketch and other documentation and information as stated above who will make a recommendation for approval or disapproval to the assigned Grants Management Specialist (GMS). Only the GMO may approve key personnel changes. 18. Refer to the NoA under Section II (Payment/Hotline Information) regarding the Payment Management System and the HHS Inspector General's Hotline concerning fraud, waste or abuse. 19. As the recipient organization, you acknowledge acceptance of the grant Terms and Conditions by drawing or otherwise obtaining funds from the Payment Management System. In doing so, your organization must ensure that you exercise prudent stewardship over Federal funds and that all costs are allowable, allocable, and reasonable. 20. No HHS funds may be paid as profit (fees) per (45 CFR Part 75.215 (b)). 21. Where a conference is funded by a grant or cooperative agreement, the recipient must include the following statement on all conference materials (including promotional materials, agenda, and Internet sites): Funding for this conference was made possible (in part) by (insert grant or cooperative agreement award number) from ONDCP and SAMHSA. The views expressed in written conference materials or publications and by speakers and moderators do not necessarily reflect the official policies of the Office of National Drug Control Policy or the Department of Health and Human Services, nor does mention of trade names, commercial practices, or organizations imply endorsement by the U.S. Government. 22. If Federal funds are used by the recipient to attend a meeting, conference, etc. and meal(s) are provided as part of the program, then the per diem applied to the Federal travel costs (M&IE allowance) must be reduced by the allotted meal cost(s). 23. This award is subject to the requirements of Section 106 (g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. 7104). For the full text of the award term, go to: http://www.sam hsa.gov/grants/g rants-manage ment/policies-regulations/add itional-directives 24. Recipients must comply with the requirements of the National Historical Preservation Act and EO13287, Preserve America. The HHS Grants Policy Statement provides clarification and uniform guidance regarding preservation issues and requirements (pages I-20, Preservation of Cultural and Historical Resources). For questions concerning historical preservation, please contact SAMHSA's Office of Program Services, Building, Logistics and Telecommunications Branch at240-276-1001. 25. Executive Order 13410: Promoting Quality and Efficient Health Care in Federal Government Administered or Sponsored Health Care Programs promotes efficient delivery of quality health care through the use of health information technology, transparency regarding health care quality and price, and incentives to promote the widespread adoption of health information technology and quality of care. Accordingly, all recipients that electronically exchange patient level health information to external entities where national standards exist must: 11 Use recognized health information interoperability standards at the time of any Health Information Technology (HIT) system update, acquisition, or implementation, in all relevant Page-10 14 information technology systems supported, in whole or in part, through this agreement/contract. Please consult http://www.healthit.gov for more information, and 11 Use Electronic Health Record systems (EHRs) that are certified by agencies authorized by the Office of the National Coordinator for Health Information Technology (ONC), or that will be certified during the life of the grant. For additional information contact: Jim Kretz at 240-276-1755 or Jim.Kretz@samhsa.hhs.gov , Kathryn Wetherby at 240-276-2899 or Kathryn.Wetherby@samhsa.hhs.gov . Questions and issues may be raised on SAMHSA's HIT Forum at http://cmhbbs.samhsa.gov/. 26. By signing the Application for Federal Assistance (SF- 424) Item#21, the Authorized Representative (AR) certifies (1) to the statements contained in the list of certifications and (2) provides the required assurances and checking the I AGREE box provides SAMHSA with the AR's agreement of compliance. It is not necessary to submit signed copies of these documents, but should be retained for your records. Assurance and Certification pages can be located at the following link: http://www.samhsa.gov/grants/continuation-grants or contained within the Request for Applications (RFA). REPORTING REQUIREMENTS 1. Semi-Annual Progress Report: The DFC Semi-Annual Progress Reports, submitted through DFC Me are completed twice a year in August and February. Completion of the DFC Semi-Annual Progress Report requires in part that DFC recipients report activity data within each strategy type. DFC recipients may enter activity data into the DFC Me system throughout the reporting period as activities are completed. DFC recipients are NOT required to report the core measures during every reporting period. It is the responsibility of the recipient to know when core measure data is required and to enter it at the proper time (every two years starting with baseline collection year). February 2016 August 2016 ONDCP and SAMHSA will notify all DFC recipients of exact due dates at a later date. Final Program Closeout Report: Due no later than 90 days following grant ending date. (See Closeout Report information below). 2. Annual Coalition Classification Tool: In addition, all DFC recipients must complete the Coalition Classification Tool (CCT) once per year: August 2016 3. Financial Reports: The Federal Financial Report (FFR), Standard Form 425 (SF-425) is required on an annual basis and must be submitted each budget period on the report due date(s) schedule after the close of the 12- month budget period. The FFR is required for each 12-month period, regardless of the overall length of the approved extension period authorized by SAMHSA. In addition, a final FFR is due within 90 days after the end of the extension. The FFR must be submitted no later than: Friday, January 30, 2016 Page-11 15 a) NOTE: SINGLE GRANT REPORTING IS REQUIRED FOR EACH SAMHSA PROJECT AS STATED ON THE FFR (#10 d-o). Do not include any amount in Line 10f that has been reported in Line 10e. If applicable, include the required match on this form under Recipient Share (#10 i-k) and Program Income (I-o) in order for SAMHSA to determine whether matching is being provided and the rate of expenditure is appropriate. Adjustments to the award amount, if necessary, will be made if the recipientfails to meet the match. b) The FFR must be prepared on a cumulative basis and all program income must be reported. c) If your organization intends to automatically carryover an unobligated balance of funds from the prior year(s) up to 10 percent of the Federal share as reflected in the current Notice of Award, it must be stated in the Remarks section (#12) of the FFR. The subsequent FFR must reflect the actual carryover amount in the Remarks section (#12) also. If the actual carryover amount exceeds the 10 percent threshold, the excess grant funds must be returned. SAMHSA reserves the right to change and/or suspend the practice of permitting recipients to automatically carryover unobligated balances of funds without prior approval. d) When submitting the FFR to SAMHSA, the amounts reported under Transactions (#10 a-c) to the (DPM), must equal or be reconciled with the Federal Expenditures and Unobligated Balance reported in (#10d-h). The FFR may be accessed from the following website at http://www.whitehouse.gov/omb/grants forms including instructions. The data can be entered directly on the form and the system will calculate the figures, it then can be printed and mailed to this office. 4. Submission of the Federal Cash Transactions Report PSC 272 is due 45 days after the end of each fiscal quarter. This Division of Payment Services report is completed on-line. To access the information and review the exact due dates go to http://www.dpm.psc.gov/. 5. The recipient must comply with the GPRA requirements that include the collection and periodic reporting of performance data as specified in the RFA or by the Program Official. This information is needed in order to comply with PL 102-62 which requires information is needed in order to comply with PL 102-62 which requires that SAMHSA report evaluation data to ensure the effectiveness and efficiency of its programs. 6. Audit requirements for Federal award recipients are detailed at 2 CFR 200 Subpart F via http:/A,vww.ecfr.gov/cgi-bin/text idx?SID=704835d27377ef5213a51c149de40cab&node=21.1.2.2.1&rgn=div5. Specifically, non- Federal entities that expend a total of$750,000 or more in Federal awards, during each Fiscal Year, are required to have an audit completed in accordance with OMB Circular 2 CFR 200 Subpart F. The Circular defines Federal awards as Federal financial assistance (grants) and Federal cost-reimbursement (contracts) received both directly from a Federal awarding agency as well as indirectly from a pass-through entity and requires entities submit, to the Federal Audit Clearinghouse (FAC), a completed Data Collection Form (SF-SAC) along with the Audit Report, within the earlier of 30 days after receipt of the report or 9 months after the fiscal year end. The Data Collection Forms and Audit Reports must be submitted to the FAC electronically at http://harvester.census.gov/fac/collect/ddeindex.html. For questions and information concerning the submission process, please visit http://harvester.census.gov/sac/or call the FAC 1-800-253- 0696. Failure to comply with the above stated Terms and Conditions may result in suspension, classification as High Risk status, termination of this award, or denial of funding in the future. Page-12 16 All responses to Terms and Conditions of award and post-award requests must be electronically mailed to the Division of Grants Management Specialist and to the Government Project Officer as identified on your Notice of Award. It is essential that the Grant Number be included in the SUBJECT line of the email. CONTACTS All responses to special Terms and Conditions of award and post-award requests must be mailed to the Division of Grants Management, Office of Financial Resources (OFR) SAMHSA below. For Regular Delivery: For Overnight or Direct Delivery: Division of Grants Management Division of Grants Management OFR, SAMHSA OFR, SAMHSA 1 Choke Cherry Road, Room 7-1091 1 Choke Cherry Road, Room 7-1091 Rockville, MD 20857 Rockville, MD 20850 ALL PREVIOUS TERMS AND CONDITIONS REMAIN IN EFFECT UNTIL SPECIFICALLY APPROVED AND REMOVED BY THE GRANTS MANAGEMENT OFFICER. Barbara Howes, Program Official Phone: (240) 276-2547 Email: barbara.howes@samhsa.hhs.gov Erwin Morales, Grants Specialist Phone: (240) 276-1425 Email: erwin.morales@samhsa.hhs.gov Fax: (240) 276-1430 Page-13 17 POLICE DEPARTMENT � Ken Thomas, Chief of Police � T Phone: 253-856-5800 WASH INGrox Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: November 10, 2015 TO: Public Safety Committee SUBJECT: SAMHSA STOP Act Grant Award — Information Only Information Only SUMMARY: The Substance Abuse and Mental Health Services Administration awarded the City of Kent a grant in the amount of $48,258 per year for four years. This is the fourth year of the four-year period with an annual application required. The funds must be used to prevent and reduce alcohol use among youth in the community. The City must plan and implement a comprehensive approach inclusive of multiple strategies as emphasized in the 2007 Surgeon General's Call to Action to Prevent and Reduce Underage Drinking, in addition to emphasizing environmental strategies for the prevention and reduction of underage drinking that incorporate prevention efforts aimed at changing or influencing community conditions, standards, institutions, structures, systems, and policies. This grant supplements the City's Drug Free Communities grant that was previously awarded to and accepted by the City in 2008. Exhibit: Grant Award Notification Budget Impact: No City match is required. Notice of Award 1$ t STOP Act Issue Date: 06/19/2015 Department of Health and Human Services 14� Substance Abuse and Mental Health Services Administration Center for Substance Abuse Prevention Grant Number: 5H79SP019035-04 REVISED FAIN: SP019035 Program Director: Stacy Judd Project Title: Kent Drug Free Coalition Reducing Underage Drinking Project Grantee Address Business Address CITY OF KENT Kenneth Thomas Kenneth Thomas Chief of Police Chief of Police Kent Police Department Kent Police Department 220 4th Avenue S 220 4th Avenue S Kent, WA 98032 Kent, WA 98032 Budget Period: 09/30/2015—09/29/2016 Project Period: 09/30/2012—09/29/2016 Dear Grantee: The Substance Abuse and Mental Health Services Administration hereby revises this award (see "Award Calculation" in Section I and "Terms and Conditions" in Section III) to CITY OF KENT in support of the above referenced project. This award is pursuant to the authority of PHS Act (42 U.S.C. 290bb-25b) Section 5198 and is subject to the requirements of this statute and regulation and of other referenced, incorporated or attached terms and conditions. Award recipients may access the SAMHSA website at www.samhsa.gov (click on "Grants" then SAMHSA Grants Management), which provides information relating to the Division of Payment Management System, HHS Division of Cost Allocation and Postaward Administration Requirements. Please use your grant number for reference. Acceptance of this award including the "Terms and Conditions" is acknowledged by the grantee when funds are drawn down or otherwise obtained from the grant payment system. If you have any questions about this award, please contact your Grants Management Specialist and your Government Project Officer listed in your terms and conditions. Sincerely yours, Virginia Simmons Grants Management Officer Division of Grants Management See additional information below Page-1 19 SECTION I—AWARD DATA—5H79SP0l9035-04 REVISED Award Calculation (U.S. Dollars) Salaries and Wages $5,251 Fringe Benefits $792 Personnel Costs (Subtotal) $6,043 Supplies $4,960 Consortium/Contractual Cost $17,700 Travel Costs $7,803 Other $11,752 Direct Cost $48,258 Approved Budget $48,258 Federal Share $48,258 Cumulative Prior Awards for this Budget Period $48,258 AMOUNT OF THIS ACTION (FEDERAL SHARE) $0 SUMMARY TOTALS FOR ALL YEARS YR I AMOUNT 4 $48,258 *Recommended future year total cost support, subject to the availability of funds and satisfactory progress of the project. Fiscal Information: CFDA Number: 93.243 EIN: 1916001254A2 Document Number: 12SP19035A Fiscal Year: 2015 IC CAN Amount SP C96V060 $48,258 IC CAN 2015 SP C96V060 $48,258 SP Administrative Data: PCC: DFC-STOP/OC: 4145 SECTION 11 —PAYMENT/HOTLINE INFORMATION—5H79SP019035-04 REVISED Payments under this award will be made available through the HHS Payment Management System (PMS). PMS is a centralized grants payment and cash management system, operated by the HHS Program Support Center (PSC), Division of Payment Management (DPM). Inquiries regarding payment should be directed to: The Division of Payment Management System, PO Box 6021, Rockville, MID 20852, Help Desk Support—Telephone Number: 1-877-614-5533. The HHS Inspector General maintains a toll-free hotline for receiving information concerning fraud, waste, or abuse under grants and cooperative agreements. The telephone number is: 1- 800-HHS-TIPS (1-800-447-8477). The mailing address is: Office of Inspector General, Department of Health and Human Services, Attn: HOTLINE, 330 Independence Ave., SW, Washington, DC 20201. Page-2 20 SECTION III—TERMS AND CONDITIONS—5H79SP019035-04 REVISED This award is based on the application submitted to, and as approved by, SAMHSA on the above-title project and is subject to the terms and conditions incorporated either directly or by reference in the following: a. The grant program legislation and program regulation cited in this Notice of Award. b. The restrictions on the expenditure of federal funds in appropriations acts to the extent those restrictions are pertinent to the award. c. 45 CFR Part 75 as applicable. d. The HHS Grants Policy Statement. e. This award notice, INCLUDING THE TERMS AND CONDITIONS CITED BELOW. Treatment of Program Income: Additional Costs SECTION IV— SP Special Terms and Conditions—5H79SP019035-04 REVISED REMARKS This award reflects an administrative correction to change CAN #: C96P119 to CAN#: C96V060. ALL PREVIOUS TERMS AND CONDITIONS REMAIN IN EFFECT UNTIL SPECIFICALLY APPROVED AND REMOVED BY THE GRANTS MANAGEMENT OFFICER CONTACTS: Barbara Howes, Program Official Phone: (240) 276-2547 Email: barbara.howes@samhsa.hhs.gov Erwin Morales, Grants Specialist Phone: (240) 276-1425 Email: erwin.morales@samhsa.hhs.gov Fax: (240) 276-1430 Page-3 zi OFFICE OF THE CITY ATTORNEY \ Tom Brubaker, City Attorney v KtNT Phone: 253-856-5770 ... ..... Fax: 253-856-6770 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: November 10, 2015 TO: Public Safety Committee SUBJECT: Ordinance Banning Fireworks— Recommend MOTION: Recommend Council adopt an Ordinance prohibiting the sale, possession, and discharge of consumer fireworks, and allowing public displays of fireworks as well as the use of fireworks in theatrical presentations, both conditioned upon the issuance of a city permit. SUMMARY: Through its adoption of Resolution No. 1913 on July 28, 2015, the council determined that the interests of the city would be best served by placing before the voters an advisory proposition asking voters whether the sale, possession, and discharge of consumer fireworks should be prohibited in Kent. Advisory Proposition 1 appeared on the November 3, 2015 ballot, and asked the following question of the voters: Whether the sale, possession, and discharge of consumer fireworks should be prohibited in the city of Kent. The prohibition of the sale, possession and discharge of consumer fireworks would not affect properly licensed and permitted public displays of fireworks. At the November 3, 2015, election, a majority of voters answered the question set forth in Advisory Proposition 1 in the affirmative. In light of the recommendation of the voters, Chair Berrios asked the Law Department to prepare an ordinance for council consideration that repeals the city's existing fireworks regulations, and enacts a new ordinance that will prohibit the sale, possession, and discharge of consumer fireworks, but will allow, in certain circumstances, the public display of fireworks and the use of firework in theatrical presentations conditioned upon a permit issued by the city. In accordance with RCW 70.77.250, this ordinance will become effective one year from the date of its adoption. Exhibit: Ordinance Budget Impact: None s:\public\city clerk's office\city council\council committees\public safety committee\2015\november\motion -ordinance banning fireworks.docx zz ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, prohibiting the sale, possession, and discharge of consumer fireworks, while allowing public displays of fireworks and the use of fireworks in theatrical presentations, both conditioned upon the issuance of a city permit. RECITALS A. Through its adoption of Resolution No. 1913 on July 28, 2015, the council determined that the interests of the city would be best served by placing before voters an advisory proposition asking whether the sale, possession, and discharge of consumer fireworks should be prohibited in Kent. B. Advisory Proposition 1 appeared on the November 3, 2015, ballot, and asked the following question of the voters: Whether the sale, possession and discharge of consumer fireworks should be prohibited in the city of Kent. The prohibition of the sale, possession and discharge of consumer fireworks would not affect properly licensed and permitted public displays of fireworks. C. As of November 10, 2015, a majority of voters have answered the question set forth in Advisory Proposition 1 in the affirmative. 1 Repeal and Reenact Ch. 13.05 KCC Fireworks 23 D. In light of voter recommendation, the council repeals the city's existing fireworks regulations, and enacts an ordinance that will prohibit the sale, possession, and discharge of consumer fireworks, but will allow, in certain circumstances, the public display of fireworks and the use of fireworks in theatrical presentations conditioned upon a permit issued by the city. E. In accordance with RCW 70.77.250, this ordinance will become effective one year from the date of its adoption. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Repeal Chapter 13.05. Chapter 13.05 of the Kent City Code, entitled "Fireworks," is repealed in its entirety. SECTION 2. — Enact New Chapter 13.05. The Kent City Code is amended to add a new Chapter 13.05 of the Kent City Code, entitled "Fireworks," as follows: CHAPTER 13.05 FIREWORKS Sec. 13.05.010. Intent. At the November 3, 2015, election, the Kent City Council certified Advisory Proposition 1 to the voters. Advisory Proposition 1 asked the following question: Whether the sale, possession and discharge of consumer fireworks should be prohibited in the city of Kent. The prohibition of the sale, possession and discharge of consumer fireworks would not affect properly licensed and permitted public displays of fireworks. 2 Repeal and Reenact Ch. 13.05 KCC Fireworks 24 At the November 3, 2015, election, a majority of voters answered the above question in the affirmative. The city council, having determined that the prohibition of the sale, possession, and discharge of consumer fireworks is requested by the voters and is in the interests of the public health, safety, and welfare, establishes this ordinance to prohibit the sale, possession, and discharge of consumer fireworks, to establish the circumstances in which public displays of fireworks and fireworks used in theatrical presentations are permitted, and to establish the penalty for a violation of the ordinance. Sec. 13.05.020. Definitions — References to Revised Code of Washington. A. The words and phrases used in this chapter shall be given the definitions contained in Chapter 70.77 of the Revised Code of Washington ("RCW") as now enacted or hereafter amended or recodified. B. Any reference to a section of the RCW or the Washington Administrative Code ("WAC") in this chapter shall refer to the chapter or section referenced and any amendment or recodification thereof. Sec. 13.05.030. Prohibited acts—Exceptions. A. Except as permitted in this chapter, the sale, possession, and discharge of fireworks of any kind within the city is prohibited. B. Notwithstanding the prohibition set forth in subsection A, the following shall be permitted in the city of Kent: 1. The public display of fireworks authorized by permit issued by the city; 2. The use of articles pyrotechnic and special effects, as defined by RCW 70.77.138 and RCW 70.77.146, when used in accordance with RCW 70.77.535 and when authorized by permit issued by the city; 3 Repeal and Reenact Ch. 13.05 KCC Fireworks 25 3. The use by law enforcement or emergency response agencies of devices that may fall within the definition of firework, when such devices are used in furtherance of law enforcement or emergency response operations or training; 4. The transportation of consumer fireworks through the city as part of interstate commerce; 5. The use of flares to warn motor vehicles of road hazards; or the use of torpedoes, flares, or fuses by railroads or other government transportation agencies for signal purposes as provided in RCW 70.77.530; 6. The use of agricultural and wildlife fireworks as defined by RCW 70.77.141 when used in accordance with RCW 70.77.311; 7. The possession, storage, or transportation of fireworks that is incidental to the permitted uses in this subsection. Sec. 13.05.040. Permits. A. The city council designates the city's fire marshal or the fire marshal's designee as the fire official authorized to review permits required by this chapter or Chapter 70.77 RCW. B. Except as required elsewhere in this chapter, the procedures, requirements, and conditions set forth in Chapter 70.77 RCW and Chapter 212-17 WAC, which are applicable to the submittal, consideration, or granting of permits filed with a city shall apply to the filing, review, and issuance of any permit required by this chapter. C. In reviewing an application for a permit, the fire official may consider relevant provisions in the fire codes, building codes, and health and sanitation codes adopted by the city in determining whether the discharge, possession, or storage of fireworks is performed in a safe manner or presents a risk to public health, safety, or welfare. D. A permit shall be obtained from the city fire official to: 4 Repeal and Reenact Ch. 13.05 KCC Fireworks 26 1. Conduct an indoor or outdoor public display of fireworks of any kind; 2. Discharge special effects or articles pyrotechnic as defined in RCW 70.77.146; or 3. Engage in any other activity that is not prohibited by this chapter but for which a city permit is required by Chapter 70.77 RCW or Chapter 212-17 WAC. E. As a condition of the issuance of any permit, the fire official retains the authority to revoke a permit at any time due to safety concerns. F. The fee for any permit issued in accordance with this chapter shall be established by city council resolution. Sec. 13.05.050. Public display of fireworks — When permitted. A. A public display of fireworks may only be issued for the following events: 1. The city sanctioned July 4 celebration; 2. The city sanctioned annual tree lighting ceremony; 3. Events held at the Kent ShoWare Center, as that facility is currently named or as may be referred to by some other name in the future; 4. A high school or post-secondary education event; provided, the event is officially sanctioned by the governing body of the high school or post-secondary educational institution; 5. For wedding ceremonies; or 6. For cultural events. B. The issuance of a permit for a public display of fireworks for any other time or purpose is not permitted unless approved by the city council following consideration of the review, investigation, and recommendation 5 Repeal and Reenact Ch. 13.05 KCC Fireworks 27 of the fire official and subject to a public display permit issued by the fire official. Sec.13.05.060. Violations and penalties. A. It shall be a gross misdemeanor, punishable by imprisonment not to exceed one (1) year and a fine not to exceed five thousand dollars ($5,000), for any person to: 1. Conduct an indoor or outdoor public display of fireworks without a properly issued city permit or in violation of a properly issued city permit; 2. Discharge special effects or articles pyrotechnic without a properly issued city permit or in violation of a properly issued city permit; 3. Make any misrepresentation of fact, or knowingly permit any misrepresentation of fact, on any application for a city permit required pursuant to this chapter; 4. Possess or store in excess of 20 pounds of fireworks, except when such possession or storage is incidental to a properly issued city permit; or 5. Discharge or use fireworks in a reckless manner. "Reckless manner' exists when the use or discharge creates a substantial risk of death or serious physical injury to any person or damage to any property. B. Any person violating any provision of this chapter not set forth in subsection A of this section shall be deemed to have committed a class 1 civil infraction as set forth in RCW 7.80.120. An infraction issued pursuant to this section shall be filed in the Kent municipal court and processed in the same manner as other infractions filed in the Kent municipal court. C. For the purposes of this section, the term "person" shall be defined as it is in RCW 9A.04.110 as now enacted or hereafter amended or recodified. 6 Repeal and Reenact Ch. 13.05 KCC Fireworks 2s D. When a corporation, joint stock association, or unincorporated association is deemed guilty of a gross misdemeanor under subsection A of this section, the corporation shall, in lieu of jail, be punished by a fine of $5,000 plus any applicable costs and assessments. E. Restitution shall be considered, and when appropriate, assessed against any person, corporation, joint stock association, or unincorporated association deemed guilty of an offense set forth in subsection A of this section. Sec. 13.05.070. Seizure of fireworks. A. Fireworks that are sold, possessed, or discharged in violation of this chapter are subject to seizure and forfeiture, and no property right shall exist in them. B. Fireworks may be seized by the city by process issued by municipal or superior court. A law enforcement officer may seize, without process, fireworks that the officer has probable cause to believe were sold, possessed, or discharged in violation of this chapter, or fireworks that were seized incident to a lawful arrest. C. In the event of seizure pursuant to this section, proceedings for forfeiture shall be deemed commenced by the seizure. The city shall cause notice to be served within 15 days following the seizure on the owner of the property seized and the person in charge thereof and any person having any known right or interest therein, including any community property interest, of the seizure and intended forfeiture of the seized property. The notice of seizure may be served by any method authorized by law or court rule, including without limitation service by certified mail with return receipt requested. Service by mail shall be deemed complete upon mailing within the 15 day period following the seizure. 7 Repeal and Reenact Ch. 13.05 KCC Fireworks 29 D. If no person notifies the city in writing of the person's claim of ownership or right to possession of the items specified in subsection (A) of this section within 30 days of the seizure, the item seized shall be deemed forfeited. E. If a person notifies the city in writing of the person's claim of ownership or right to possession of the seized property within 30 days of the seizure, the city shall give the person a reasonable opportunity to be heard as to the claim or right. The hearing shall be before the city fire official and shall occur within 90 days of the city's receipt of written notice of the claim of right. Property deemed forfeited may be destroyed or otherwise disposed of after 15 days from the issuance of the determination of forfeiture, unless the city receives written notice of an appeal to superior court. The city shall promptly return the property to the claimant upon a determination that the claimant is the present lawful owner or is lawfully entitled to possession of the property. F. In lieu of the above process, the person from whom the fireworks were seized may waive his or her claim to any right in the fireworks, and upon such waiver, the city shall deem the fireworks forfeited. G. In the event fireworks in the presence of an officer are not claimed by any person then present, the fireworks will be deemed abandoned property, and the officer may seize them. Abandoned fireworks may be summarily destroyed or otherwise disposed of, and the process set forth in this section shall not apply. SECTION 3, — Savings. The existing Chapter 13.05 of the Kent City Code, which is repealed and replaced by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION 4, — Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are 8 Repeal and Reenact Ch. 13.05 KCC Fireworks 30 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 5, — Severabilitv. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6, — Effective Date. This ordinance shall take effect and be in force one year from and after its adoption as provided by RCW 70.77.250. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 2015. APPROVED: day of 2015. PUBLISHED: day of 2015. 9 Repeal and Reenact Ch. 13.05 KCC Fireworks 31 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 10 Repeal and Reenact Ch. 13.05 KCC Fireworks 32 33 OFFICE OF THE CITY ATTORNEY \ Tom Brubaker, City Attorney v KtNT Phone: 253-856-5770 . . ..... Fax: 253-856-6770 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: November 10, 2015 TO: Public Safety Committee SUBJECT: Parking of Commercial Trucks on City Streets — Discussion Only --DISCUSSION ONLY-- SUMMARY: The parking of commercial vehicles, including semi-truck tractors and semi-trailers, is regulated through the Kent City Code ("KCC"). The parking of these trucks and trailers on City streets is regulated under KCC 9.38.130 and KCC 9.38.140, while their parking on private property is regulated under the City's zoning code provisions at KCC 15.08.085. Under the City's zoning code, commercial vehicles are not allowed to be parked upon residentially zoned property with an SR-2 or greater zoning designation if they have a gross vehicle weight rating (GVWR) of 26,001 Ibs or morel. If residentially zoned property has a zoning designation of SR-1 and a land use of US (urban separator), truck tractors used in the hauling of semi-trailers are not allowed, nor are any other commercial vehicles that are longer than 19 feet. To the knowledge of the Law Department, there have been no enforcement issues with these zoning provisions.2 Under the City's parking code, some vehicles may not be parked upon City streets due to their weight. KCC 9.38.130(A) provides as follows: 9.38.130. Parking and storage of certain vehicles — Penalty. A. No commercial truck, vehicle, van, trailer, or semi-trailer, whether licensed or unlicensed, exceeding eight thousand (8,000) pounds as defined in RCW 46.44.036, 46.44.037, or 46.44.041 may be stored or parked upon any city street for longer than two (2) hours, except for those periods of time when such vehicle is being loaded or unloaded or where parking or storage is otherwise prohibited. 'Trucks are classified according to their weight. A truck bearing a gross vehicle weight rating (GVWR) of 26,001 Ibs to 33,000 Ibs is referred to as a"Class 7"truck, which includes, for illustration purposes only, a garbage truck, a large furniture truck, a city transit bus, or a semi- truck tractor. 2 The Law Department does not propose that any changes be made to these zoning provisions. When this zoning provision was amended in 2006, there was an extensive public hearing process. Considerable time was also devoted to this issue by the Land Use and Planning Board, the Economic and Community Development Committee, and the City Council. The result was a well thought-out zoning decision. 34 Public Safety Committee November 10, 2015 Page: 2 Based upon a citizen complaint concerning his neighbor's parking of a tow truck, the Law Department became aware of some practical enforcement difficulties with KCC 9.38.130. First, it is not clear if the word "commercial" applies only to "truck" or whether it applies and modifies the remaining vehicle types identified. Second, the weight designated of 8,000 pounds is a low number that includes many vehicles used by citizens for regular transportation purposes, including many minivans, cargo vans, and full-size pickups. Third, it is not clear what terms or provisions are intended to be defined by references to RCW 46.44.036, RCW 46.44.037, and RCW 46.44.041. These RCW provisions describe what combination of truck and trailer may be pulled along Washington roads and the maximum weight each axle may bear. However, they are unrelated to determining a vehicle's weight. Therefore, reference to these RCW provisions in KCC 9.38.130's present form creates considerable confusion and enforcement difficulties. An amendment to KCC 9.38.130 is needed, but direction from the Public Safety Committee is required before the Law Department can prepare an ordinance for the Committee's future consideration. There are a number of options available to the Committee, including without limitation: 1. Keeping the weight limit at 8,000 pounds, removing the RCW references, and removing or clarifying the word "commercial." 2. Increasing the weight limit to match the weight identified within the zoning code (26,001 pounds or greater), removing the RCW references, and removing or clarifying the word "commercial." 3. Increasing the weight limit to an amount greater than 8,000 pounds, but less than 26,001 pounds, removing the RCW references, and removing or clarifying the word "commercial." 4. Proposing other revisions, including restrictions based on height, length, or width. Exhibits: (1) Copies of RCWs 46.44.036, 46.44.037, and 46.44.041; (2) Photo Example; (3) Truck Classification Reference Sheet; and (4) Agency Parking Comparison. Budget Impact: None RCW 46.44.036: Combination of units — Limitation. Page3�of 1 RCW 46.44.036 Combination of units— Limitation. i Except as provided in RCW 46.44.037, it is unlawful for any person to operate upon the public highways of this state any combination of vehicles consisting of more than two vehicles. For the purposes of this section a truck tractor-semitrailer or pole trailer combination will be considered as two vehicles but the addition of another axle to the tractor of a truck tractor- semitrailer or pole trailer combination in such a way that it supports a proportional share of the load of the semitrailer or pole trailer shall not be deemed a separate vehicle but shall be considered a part of the truck tractor. For the purposes of this section a converter gear used in converting a semitrailer to a full trailer shall not be deemed a separate vehicle but shall be considered a part of the trailer. [1975-76 2nd ex.s. c 64 § 8; 1961 c 12 §46.44.036 . Prior: 1955 c 384 § 2; 1951 c 269 § 23; prior: 1949 c 221 § 1, part; 1947 c 200 § 5, part; 1941 c 116 § 1, part; 1937 c 189 § 49, part; Rem. Supp. 1949 § 6360-49, part.] Notes: Rules of court: Monetary penalty schedule -- IRLJ 6.2. Effective dates -- Severability -- 1975-'76 2nd ex.s. c 64: See notes following RCW 46.16A.455. http://app.leg.wa.gov/RCW/default.aspx?cite=46.44.036 11/5/2015 RCW 46.44.037: Combination of units — Lawful operations. Pag(A of 1 RCW 46.44.037 Combination of units — Lawful operations. Notwithstanding the provisions of RCW 46.44.036 and subject to such rules and regulations governing their operation as may be adopted by the state department of transportation, operation of the following combinations is lawful: (1)A combination consisting of a truck tractor, a semitrailer, and another semitrailer or a full trailer. In this combination a converter gear used to convert a semitrailer into a full trailer shall be considered to be a part of the full trailer and not a separate vehicle. A converter gear being pulled without load and not used to convert a semitrailer into a full trailer may be substituted in lieu of a full trailer or a semitrailer in any lawful combination; (2) A combination consisting of a truck tractor carrying a freight compartment no longer than eight feet, a semitrailer, and another semitrailer or full trailer that meets the legal length requirement for a truck and trailer combination set forth in RCW 46.44.030. [2011 c 230 § 1; 1991 c 143 § 2; 1985 c 351 § 2; 1984 c 7 § 53; 1979 ex.s. c 149 § 3; 1975- '76 2nd ex.s. c 64 § 9; 1965 ex.s. c 170 § 37; 1963 ex.s. c 3 § 53; 1961 c 12 § 46.44.037. Prior: 1957 c 273 § 16; 1955 c 384 § 3.] Notes: Severability -- 1984 c 7: See note following RCW 47.01.141. Effective dates -- Severability -- 1975-'76 2nd ex.s. c 64: See notes following RCW 46.16A.455. http://app.leg.wa.gov/RCW/default.aspx?cite=46.44.037 11/5/2015 RCW 46.44.041`: Maximum gross weights - Wheelbase and axle fac... Page317of 4 RCW 46.44.041 Maximum gross weights-Wheelbase and axle factors. No vehicle or combination of vehicles shall operate upon the public highways of this state with a gross load on any single axle in excess of twenty thousand pounds, or upon any group of axles in excess of that set forth in the following table, except that two consecutive sets of tandem axles may carry a gross load of thirty-four thousand pounds each, if the overall distance between the first and last axles of such consecutive sets of tandem axles is thirty-six feet or more. the Maximum load in pounds carried extremes of on any group of 2 or more any group consecutive axles of 2 or more 2 3 4 5 6 7 8 9 consecutive axles axles axles axles axles axles axles axles axles 4 34,000 5 34,000 6 34,000 7 34,000 8 & less 34,000 34,000 more 38,000 42,000 than 8 9 39,000 42,500 10 40,000 43,500 11 44,000 12 45,000 50,000 13 45,500 50,500 14 46,50051,500 15 47,000 52,000 16 48,000 52,500 58,000 17 48,500 53,500 58,500 18 49,500 54,000 59,000 19 50,000 54,500 60,000 20 51,00055,500 60,500 66,000 21 51,500 56,000 61,000 66,500 22 52,50056,500 61,500 67,000 http://app.leg.wa.gov/RCW/defauIt.aspx?cite=46.44.041 11/5/2015 RCW 46,44.041: Maximum gross weights - Wheelbase and axle fac... PageAof 4 23 53,000 57,500 62,500 68,000 24 54,000 58,000 63,000 68,500 74,000 25 54,500 58,500 63,500 69,000 74,500 26 55,500 59,500 64,000 69,500 75,000 27 56,000 60,000 65,000 70,000 75,500 28 57,000 60,500 65,500 71,000 76,500 82,000 29 57,50061,500 66,000 71,500 77,000 82,500 30 58,500 62,000 66,500 72,000 77,500 83,000 31 59,000 62,500 67,500 72,500 78,000 83,500 32 60,000 63,500 68,000 73,000 78,500 84,500 90,000 33 64,000 68,500 74,000 79,000 85,000 90,500 34 64,500 69,000 74,500 80,000 85,500 91,000 35 65,500 70,000 75,000 80,500 86,000 91,500 36 66,000 70,500 75,500 81,000 86,500 92,000 37 66,500 71,000 76,000 81,500 87,000 93,000 38 67,500 71,500 77,000 82,000 87,500 93,500 39 68,000 72,500 77,500 82,500 88,500 94,000 40 68,500 73,000 78,000 83,500 89,000 94,500 41 69,500 73,500 78,500 84,000 89,500 95,000 42 70,000 74,000 79,000 84,500 90,000 95,500 43 70,500 75,000 80,000 85,000 90,500 96,000 44 71,500 75,500 80,500 85,500 91,000 96,500 45 72,000 76,000 81,000 86,000 91,500 97,500 46 72,500 76,500 81,500 87,000 92,500 98,000 47 73,500 77,500 82,000 87,500 93,000 98,500 48 74,000 78,000 83,000 88,000 93,500 99,000 49 74,500 78,500 83,500 88,500 94,000 99,500 50 75,500 79,000 84,000 89,000 94,500100,000 51 76,000 80,000 84,500 89,500 95,000100,500 52 76,500 80,500 85,000 90,500 95,500101,000 53 77,500 81,000 86,000 91,000 96,500102,000 54 78,000 81,500 86,500 91,500 97,000102,500 55 78,500 82,500 87,000 92,000 97,500103,000 56 79,500 83,000 87,500 92,500 98,000103,500 57 80,000 83,500 88,000 93,000 98,500104,000 58 84,000 89,000 94,000 99,000104,500 59 85,000 89,500 94,500 99,500105,500 60 85,500 90,000 95,000 100,500 105,500 61 86,000 90,500 95,500 101,000 105,500 http://app.leg.wa.gov/RCW/default.aspx?cite=46.44.041 11/5/2015 RCW 46.44,041: Maximum gross weights - Wheelbase and axle fac... Page�of 4 62 86,500 91,000 96,000 101,500 105,500 63 87,500 92,000 96,500 102,000 105,500 64 88,000 92,500 97,500 102,500 105,500 65 88,500 93,000 98,000 103,000 105,500 66 89,000 93,500 98,500 103,500 105,500 67 90,000 94,000 99,000 104,500 105,500 68 90,500 95,000 99,500 105,000 105,500 69 91,000 95,500 100,000 105,500 105,500 70 91,500 96,000 101,000 105,500 105,500 71 92,500 96,500 101,500 105,500 105,500 72 93,000 97,000 102,000 105,500 105,500 73 93,500 98,000 102,500 105,500 105,500 74 94,000 98,500 103,000 105,500 105,500 75 95,000 99,000 103,500 105,500 105,500 76 95,500 99,500 104,500 105,500 105,500 77 96,000 100,060 105,000 105,500 105,500 78 96,500 101,000 105,500 105,500 105,500 79 97,500 101,500 105,500 105,500 105,500 80 98,000 102,000 105,500 105,500 105,500 81 98,500 102,500 105,500 105,500 105,500 82 99,000 103,000 105,500 105,500 105,500 83 100,000 104,000 105,500 105,500 105,500 84 104,500 105,500 105,500 105,500 85 105,000 105,500 105,500 105,500 86 or 105,500 105,500 105,500 105,500 more When inches are involved: Under six inches take lower, six inches or over take higher. The maximum load on any axle in any group of axles shall not exceed the single axle or tandem axle allowance as set forth in the table above. The maximum axle and gross weights specified in this section are subject to the braking requirements set up for the service brakes upon any motor vehicle or combination of vehicles as provided by law. Loads of not more than eighty thousand pounds which may be legally hauled in the state bordering this state which also has a sales tax, are legal in this state when moving to a port district within four miles of the bordering state except on the interstate system. This provision does not allow the operation of a vehicle combination consisting of a truck tractor and three trailers. Notwithstanding anything contained herein, a vehicle or combination of vehicles in i http://app.leg.wa.gov/RCW/defauIt.aspx?cite=46.44.041 11/5/2015 RCW 46.44.041: Maximum gross weights — Wheelbase and axle fac... Page4bof 4 operation on January 4, 1975, may operate upon the public highways of this state, including the interstate system within the meaning of section 127 of Title 23, United States Code, with an overall gross weight upon a group of two consecutive sets of dual axles which was lawful in this state under the laws, regulations, and procedures in effect in this state on January 4, i 1975. [1997 c 198 § 1; 1995 c 171 § 1. Prior: 1993 c 246 § 1; 1993 c 102 § 3; prior: 1988 c 229 § 1; 1988 c 6 § 2; 1985 c 351 § 3; 1977 c 81 § 2; 1975-76 2nd ex.s. c 64 § 22.] Notes: Effective date of 1993 c 102 and c 123 -- 1993 sp.s. c 23: See note following RCW 46.16A.455. Effective dates --Severability --19752 76 2nd ex.s. c 64: See notes following RCW 46.16A.455. http://app.leg.wa.gov/RCW/defauIt.aspx?cite=46.44.041 11/5/2015 I l I f 1. U J� n r a I! v r �? 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Kent, WA. 98032-5895 DATE: November 10, 2015 TO: Public Safety Committee SUBJECT: Police Chief's Update — Information Only Information Only SUMMARY: Chief Ken Thomas will present information regarding the current events affecting the police department: • School Zone Camera Report • Staffing Update • Police/Community Project