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HomeMy WebLinkAboutCity Council Committees - Public Safety Committee - 02/09/2016 Public Safety Committee Minutes February 9, 2016 Item 1 - CALL TO ORDER Committee Chairperson Jim Berrios called the meeting to order at 4:30 p.m. Item 2 - COMMITTEE MEMBERS PRESENT Committee Chairperson Jim Berrios, committee member Les Thomas and committee member Dana Ralph were present. Item 3 - Changes to the Agenda None. Item 4 — Approval of meetina minutes dated November 13 2015 Council member Thomas MOVED to approve the minutes of November 13, 2015. The motion was SECONDED by committee member Ralph and PASSED 3-0. Item 5 — Ordinance Amendina KCC 13.05 - Fireworks - Recommend Deputy City Attorney Arthur "Pat" Fitzpatrick, provided a revised version of the ordinance to the committee and indicated that he would like to go over revisions to ordinance and reserve the issue of public display until after discussion regarding all other revisions. Pat indicated the fireworks issue was before the council during the January 19, 2016, City Council Workshop. Council indicated what portions of the ordinance they agreed to and Pat revised the ordinance accordingly and that version is what is being reviewed during this meeting. Pat read the new provisions of KCC 13.05.030(C), "It shall be unlawful for an owner of property, or a person renting, leasing, or who has control over the use of property, to knowingly permit the property that he or she owns, rents, leases or has control over, to be utilized for the discharge of fireworks when the discharge of fireworks is not property permitted..." When the police department cannot identify the person that is in violation, the property owner will be responsible. This is not a criminal offense; it will likely be an infraction offense. This is what the City Council was in agreement with during the council workshop. Pat indicated KCC 13.05.030(D), deals with the quantities of fireworks garbage on property, This will give the property owner an opportunity to clean up their property within 72 hours. If the Fourth of July holiday falls on a Friday, this timeframe will allow the property owner to clean up their property once they return from a long holiday weekend. Council member Thomas was glad that this provision was included in the ordinance since it was a top complaint of residents and business owners. Council member Ralph agreed with Council member Thomas. She indicated that this section of the ordinance helps to solve some of the problems of garbage on commercial properties. Page I i Pat indicated that KCC 13.05.040(D) is repetitive and unnecessary considering that KCC 13.05.030 acknowledges that a person can discharge fireworks pursuant to a public display permit. Striking the language does not affect the provisions of the ordinance. KCC 13.05.040(E) in the current draft will become KCC 13.050.040(D), that clarifies existing law requiring a pyrotechnic operator license. Based on discussion during the workshop, Council was in agreement with the revisions. Pat indicated that except for the deletion of the word "high" in KCC 13.05.050, he would like to come back to this section. Pat indicated that if the council desired to allow public displays of fireworks at schools, it should allow for the public displays at all schools, not just high schools. Pat indicated that Council member Thomas requested a revision to KCC 13.05.060(B), to tie the infraction amount for a juvenile to their age. A person under the age of 18 who commits an infraction while not under the supervision of a responsible adult shall be subject to a fine not to exceed 10 times their age at the time of the infraction. Additional language was added to the end of this section to require the court to provide the violator with the option of converting the fine into community services hours. Committee Chair Berrios indicated that it is important to have this provision in the city's ordinance providing a fair and compassionate option to avoid placing a financial burden on a family. Pat conveyed that the city only has jurisdiction over juveniles 16 and older and that the juvenile court could accept the filing for a juvenile under 16 years of age. If a 16 year old is charged, it is a personal charge to the juvenile, not the parent. Committee member Ralph indicated that this section is important to her since the council is going to pass an ordinance that is going to work against a lot of really good people in an effort to prevent bad people from doing bad things. She is thrilled to have the community service penalty option that will benefit both the community and the families of the offenders and this makes her feel good about passing this ordinance. KCC 13.05.050. During the workshop the council discussed the permitting provisions. Option 1 - retain current code language - make no revisions. Current code makes it difficult to enforce the code with any meaning due to the language allowing a public display permit for a cultural event. Pat indicated that in prior discussions, Fire Marshall Napier voiced concerns and asked the question - Who is he to make a decision as to how to define a cultural event? Pat recently conducted extensive research trying to define a cultural event and indicated it was impossible to locate a definition. The current code language is a phrase without meaning under the code. If we keep current language in code, anyone can seek a public display permit. Option 2 - Simplifies everything greatly. Recommendation is to eliminate the entire Section 1. The current code has a provision regarding how to obtain a public Page 12 display permit that would be issued for any day of the year so long as requirements are met regarding insurance, setbacks, having a pyrotechnic operator, etc., rather than provide for when a public display will be issued. The Community will not need to question whether or not their event meets the requirements of a cultural event. Council member Ralph wanted to confirm that if you cannot meet the requirements of the permit, you will not be able to obtain the permit. The setback requirements will be the biggest hurdle that will be difficult to meet. Pat indicated that Lake Meridian would meet the setback requirements due to the discharge of fireworks taking place in the middle of the lake. Golf course and Fenwick Park may meet the setback requirements. It will be extraordinarily unlikely that the average neighborhood would be able to pool their funds and meet the requirements to obtain a permit for a public display of fireworks in their neighborhood. It will be nearly impossible for a neighborhood to come together and be able to meet the setback requirements in order to discharge fireworks in a neighborhood cul-de-sac. This option would preserve the ability of the Lake Meridian show, which is a partnership with the city of Kent, to continue on. Additionally, schools, private businesses, or the Kent Station could potentially obtain a public display permit if they meet the requirements of the permit. This is a valid and important point for the community to be educated about. Pat noted that when council set this matter out for the advisory opinion, it was clear that the City was not removing the ability to obtain a public display permit. The third option only allows public display permits for the Kent Splash event, Kent's tree lighting ceremony, ShoWare center and High Schools. Pat does not recommend this option since it eliminates an opportunity for the people to rent out a large parcel of property in order to have a public display of fireworks. Pat does not recommend Option 3, which takes weddings and cultural events out, but otherwise leaving the code the same. Pat recommends simplifying things by allowing for a permit if you can meet the permit requirements. If, in the future, council desires to make additional revisions, the council can always make further changes. Pat recommends, from a staff point of view, adopting Option 2 that would eliminate the section dealing with what events would qualify for a public display permit and would allow for anyone to apply for a public display permit. Jon Napier, City Fire Marshall, indicated that he reviewed the options with the City Attorney's office and agrees that the easiest way to enforce the code is to allow for anyone to apply for a public display permit and if they can meet the requirements, a permit could be issued. Safety is being built into the permit process. Chief Napier indicated that if a permit is issued for a day other than the Fourth of July, he may need to address concerns regarding noise complaints. Page 13 Council member Thomas inquired regarding the current cost of a permit and Chief Napier indicated the approximate cost is $115. Council member Thomas also inquired as to the number of possible locations that may qualify for a permit display permit. Chief Napier detailed the requirements regarding setbacks and indicated the minimum set back is 280 feet, but could not guess how many locations are within the City. Committee Chair Berrios indicated that it will be difficult, but not impossible to obtain a permit for the public display of fireworks. Committee member Thomas MOVED to strike section 13.05.050 of this ordinance. The motion was SECONDED by committee member Ralph and PASSED 3-0. Pat asked for a Point of Order. Committee Chair Berrios approved. Pat asked if this committee is prepared to move this on, Council will need to consider which council meeting it would appear and if it would appear on "other business." Chair Berrios indicated, his personal preference and out of consideration for the entire council to allow the entire council to review this ordinance and have it approved or denied at a council meeting where all council members are present. Two council members will not be in attendance at the February 16, 2016 meeting. March 1, 2016, would be the next available meeting where all council members are present. Council member Thomas indicated he preferred that this ordinance go to the February 16, 2016, meeting. Council member Ralph indicated that she had no objection. Committee Chair Berrios indicated that he spoke with Council member Higgins and he had no objection placing this ordinance on the February 16, 2016, agenda. Pat indicated that Chair Berrios could contact Council President Boyce regarding which meeting he would like this ordinance to go before. Committee Chair Berrios indicated he would contact President Boyce, and would recommend placing this ordinance under Other Business for the February 16, 2016 City Council meeting. Committee member Ralph MOVED to adopt an ordinance amending KCC 13.05 with changes as discussed relating to fireworks regulations in the City. The motion was SECONDED by committee member Ralph and PASSED 2-0. Committee member Ralph and Chair Berrios voted in favor of motion and Committee member Thomas voted in opposition to the motion. Committee member Ralph indicated she would be voting to support this ordinance only because of the advisory vote. She feels like we are taking away the rights of a lot of people in an effort to get to those that may be reckless or are breaking laws that are already in place. She is sad that there will be kids that grow up not knowing what a sparkler is. Because of the advisory vote and for those that did take the time to vote, she will be supporting it. Page 14 Committee member Thomas indicated that the November advisory vote represented approximately 11,000 people or 9% of the City's population and that he would be voting no to represent the approximately 67,000 people under 18 that were ineligible to vote and voice their opinion. He indicated that it would have been quite different if the vote was open to all 120,000 residents of Kent. He went onto indicated that it was an advisory vote rather than a mandate. He does not believe that the ban will be effective due to the proximity of the reservation in addition to what has happened in Renton since their ban. He indicated that, even though Renton implemented a ban, there are just as many fireworks being discharged in Renton as in Kent. Committee Chair Berrios conveyed that he appreciated the process and the communications that have taken place during this process including emotional discussions. Council member Ralph wanted to confirm that this ban will not go into effect until 2017, due to a state requirement. She also thanked the Police Department for the work that they have done and indicated that they have a big job ahead of them. Pat Fitzpatrick provided clarification that since we are making the public display permit less strict than the current law, it will not go into effect for one year. Pat and Committee member Ralph indicated that it will be important to educate the public on the effective date of this ordinance. Item 6. — Police Chief's Update — Information Only Assistant Chief Padilla provided information on current issues in the Police Department on behalf of Chief Thomas. 1. School Zone Traffic Safety Cameras. Implemented two additional school zones. Currently have cameras in four school zones: Neely, Sunrise, Meridian and Millennium elementary schools. Schools with highest rates of violations were selected. Springbrook elementary and Meadowridge elementary were also identified as schools of concern. Digital speed warning signs were installed. In 2015, there were 8,122 tickets issued, down from 8,366 tickets issued in 2014. Assistant Chief Padilla speculated the decrease is due to the reduced traffic volumes in the new school zones in addition to the reduced volumes during the fall and winter seasons. Committee member Thomas confirmed that with the addition of the cameras in the two additional schools, the total number of tickets issued were below the prior year. All committee members confirmed the intent was to create a safer environment for kids and it appears the cameras are working. Assistant Chief Padilla indicated that funds from the school zone traffic camera safety program are used to purchase and install speed warning signs. The Police Department is researching the speed radar trailers that can be used in communities and school zones. Page 15 2. Data Driven Approaches to Crime and Traffic Collisions (DDACTS) Grant. The Police Department received a $33,000 grant. $23,000 was stipulated for traffic enforcement and $10,000 for traffic safety education programs. The theory around DDACTS is that if you concentrate areas in the city where there is high crime and high traffic collisions by applying education and high visibility enforcement, that effort will reduce crime overall in the area - similar to hot spot policing initiatives. The areas chosen for emphasis are 108th & S 208th, 104th & S.E. 256th, in addition to the main arteries around the Kent Station area. These are the busiest intersections within the City. Since November, 13+ emphasis, 313 tickets issued 186 warnings and 2 DUI arrests. The emphasis requires three officers. Assistant Chief Padilla indicated that the Police Department will report back to the committee in the next few months regarding the results of the emphasis. Council member Ralph asked for clarification on the statistics in the agenda regarding how we could have 13 contacts and 15 tickets. Assistant Chief Padilla indicated that one violator could be issued multiple citations. Committee member Thomas asked about how the emphasis is implemented regarding the details of the staging of officers. Assistant Chief Padilla indicated that the traffic division implements the emphasis patrols and positions themselves where they can watch violations. Their presence deters criminal activity in those areas of emphasis. The meeting was adjourned at 5:20 p.m. by Committee Chair Berrios. Respectfully =mit�d Kim Komoto t Public Safety Committee Secretary 5:\CUBLIC\Gry Oxak4�\�Cow2d\�'aul Gmirt'ltees\Cub`c5a'xly Cemm3lex\t016�etrvary�xbnary93416 Y.rutxs Gac Page 16