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City Council Meeting - Council - Regular Agenda - 04/19/2022
KENT CITY COUNCIL AGENDA Tuesday, April 19, 2022 7:00 PM Chambers A live broadcast is available on Kent TV21, www.facebook.com/CityofKent, and www.youtube.com/user/KentTV21 To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID: 846 2336 5645, Passcode: 660876 Mayor Dana Ralph Council President Bill Boyce Councilmember Brenda Fincher Councilmember Zandria Michaud Councilmember Satwinder Kaur Councilmember Toni Troutner Councilmember Marli Larimer Councilmember Les Thomas ************************************************************** COUNCIL MEETING AGENDA - 7 P.M. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff. Changes from Council, Administration or Staff 4. PUBLIC COMMUNICATIONS A. Public Recognition 1. Proclamation for Arbor Day 2. Appointments to Kent's Human Services Commission B. Community Events C. Public Safety Report 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report B. Chief Administrative Officer's Report C. Councilmembers' Reports City Council Meeting City Council Regular Meeting April 19, 2022 6. PUBLIC HEARING A. Public Hearing on the South 224th Phase III Project - Garrison Creek Park Impacts and De minimus Determination 7. PUBLIC COMMENT The Public Comment period is your opportunity to speak to the Council and Mayor on issues that relate to the business of the city of Kent or to agenda items Council will consider at this meeting. Comments that do not relate to the business of the city of Kent are not permitted. Additionally, the state of Washington prohibits people from using this Public Comment period to support or oppose a ballot measure or candidate for office. If you wish to provide comment to the Mayor and Council at this meeting, please contact the City Clerk by 4 p.m. on the day of the meeting at 253-856-5725 or CityClerk@KentWA.gov. If you intend to speak in person, please see the Clerk at the beginning of the meeting to sign up. When called to speak during the meeting, please state your name and city of residence for the record. You will have up to three minutes to provide comment. Please address all comments to the Mayor and Council as a whole. The Mayor and Council may not be in a position to answer questions during the meeting. Alternatively, you may email the Mayor and Council at Mayor@KentWA.gov and CityCouncil@KentWA.gov. Emails are not read into the record. 8. CONSENT CALENDAR A. Approval of Minutes 1. Council Workshop - Workshop Regular Meeting - Apr 5, 2022 5:00 PM 2. City Council Meeting - City Council Regular Meeting - Apr 5, 2022 7:00 PM B. Payment of Bills - Authorize C. Appointments to Kent's Human Services Commission - Confirm D. Ordinance Amending Chapter 9.38 of the Kent City Code Related to Parking - Adopt E. East Hill Police Substation - Lease Extension – Re-Authorize F. Resolutions for Grant Applications to the Recreation and Conservation Office for the Mendel Property Acquisition, Springwood Park Renovation and the Ruth Property Acquisition - Adopt G. Agreement with Berger Partnership PS for Springwood Park Renovation Design and Construction Administration - Authorize H. Agreement with EarthCorps for Mill Creek Canyon Trail Repair - Authorize 9. OTHER BUSINESS A. Resolution Expressing Intent to Explore De-annexation of the “Bridges,” in Order for the Property to be Annexed to the City of Auburn pursuant to RCW 35.10.217(2) - Adopt 10. BIDS 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION City Council Meeting City Council Regular Meeting April 19, 2022 12. ADJOURNMENT NOTE: A copy of the full agenda is available in the City Clerk's Office and at KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at 253-856-5725. For TDD relay service, call the Washington Telecommunications Relay Service 7-1-1. PROCLAMATION WHEREAS, Arbor Day was established in L87.2; and WHEREAS, the city of Kent recognizes the value of trees in making the city environmentally sound and aesthetically pleasing, which promotes good business and a sense of community; and WHEREAS, the city of Kent established a "Tree Ordinance" and a tree maintenance crew for the purpose of maintaining, protecting, and regulating street trees for beautification of the city; and WHEREAS, in recognition of its commitment to trees and the environment, the city of Kent has been named Tree City USA by the National Arbor Foundation every year since 2003, making this our 19th anniversary; and, WHEREAS, the city of Kent continues to engage the community through annual volunteer events that beautify and conserve valuable trees and natural areas in parks. WHEREAS, 2022 marks Kent's t32d year as an incorporated city; NOW, THEREFORE, r, DANA RALPH, MAYOR OF\KENT, DO HEREBY PROCLATM APRIL 3Ot 2024 TO BE Arbor Day in the city of Kent, Washington, and I encourage all residents to consider planting a tree on their property, to take a moment to enjoy the trees in our local parks, to appreciate the beautiful green open spaces and forests that we enjoy here in the Northwest and to join the environmental restoration efforts at Clark Lake Park. In witness whereof, I have hereunto set my hand and caused the seal of Kent to be affixed this 30th day of April2022. lph KENT WaSHTNGToN Mayor Dan 4.A.1 Packet Pg. 4 Communication: Proclamation for Arbor Day (Public Recognition) Page 1 of 11 Administration • We are excited to have Pat Fitzpatrick filling the Interim CAO role while the search is conducted for our next Chief Administrative Officer. With Pat’s deep knowledge and experience, the transition is going very smoothly. We are also grateful to Tammy White for stepping in as Interim City Attorney while Pat is filling in here. • The Executive Leadership Team held their annual retreat on April 7. Two of the main topics of discussion were preparation for the next biennial budget process and the upcoming budget kick-off meeting, and the hiring process for the new CAO. The search firm has begun interviews with the leadership team regarding qualifications they are looking for. Next steps will include creating the position announcement. Stay tuned for more information as this process progresses. Race and Equity • The REDI office continues to work with community members and internal core team members to develop the City’s first Equity & Inclusion plan. The area of focus for the month of April is equitable representation. Community members have identified equitable representation as the most important area of focus. • The CARE employee resource group coordinators will be presenting at the Government Alliance on Race & Equity (GARE) national conference on April 20th. GARE’s national conference is the largest convening of government employees who are working on normalizing equity and inclusion throughout their organizations. • We want to thank all who attended this year’s first Equity & Inclusion speaker series presentation. Our fist speaker, Karen Stiller, presented on the History of Anti- Semitism, providing both employees and residents tools and resources to learn how to identify and address this type of prejudice. The employee presentation was recorded and is available for employees to view. Our next speaker series presentation is currently in the works and is scheduled for July. Current Planning • Undergraduate Urban Design students at UW Tacoma are learning about Kent this semester! The students selected three sites in downtown Kent for design of (theoretical) community gardens. Current Planning Manager Erin George presented to the students on 3/31 to teach them about Kent’s vision, design & development standards. As a result, we expect some students to expand their designs to include a mix of uses beyond just a garden. Ms. George will be joined by a Kent Parks representative to help critique the students’ designs in their midterm and final presentations on 5/10 and 6/7. The continued partnership with UWT’s urban design program provides an excellent learning opportunity for the students and may eventually result in a future project ADMINISTRATION ECONOMIC AND COMMUNITY DEVELOPMENT April 19, 2022 5.B Packet Pg. 5 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 2 of 11 where the city benefits from student design work. • Land use permitting and development speculation remains high, keeping Planning staff busy answering over 200 questions per week. The first week of April was an all-time high with 278 questions spread among 4 planners. Inquiries are managed primarily through email & phone, with only a handful (7) of in-person questions. Planners also reviewed 77 permits that same week. Our Pre-Application meeting calendar (another indicator of development speculation) is booked solid through early May. Economic Development Most City funded travel and tourism promotion activities have been on a Covid necessitated hiatus since early 2020, when travel restrictions caused lodging tax revenue receipts to plummet. However, Federal ARPA dollars recently allocated to backfill the Lodging Tax Fund, enabled the Advisory Committee to open up a full grant funding cycle for the first time since that initial Covid Spring. The city received nine applications for tourism and travel related events and activities, which were evaluated by the Lodging Tax Advisory Committee last week. The requests for sponsorship ranged from single day celebrations designed to bring people into our historic downtown, to multi- day or serial meetings with industry specific topics focusing on the business traveler for networking, commercial opportunities, and to showcase what Kent has to offer as a business location. Long Range Planning LRP staff are working closely with SKHHP and other South King County city planning staff to kickstart the Affordable Housing Inventory and Monitoring Program. This project, which implements a key strategy in Kent’s Housing Options Plan, is funded by Housing Action Plan Implementation funding from the Department of Commerce (pooled with four other cities). The end result will be an interactive and highly useable database of both regulated and unregulated affordable housing properties— data that is otherwise surprisingly difficult to come by. The intention is for the database to be both a resource for planning/policy work, as well as (and perhaps more importantly) a key tool to direct preservation funding. The staff group recently held interviews with consultants and will be working with the chosen team over the coming months to define replicable methodology and set up the database, anticipated to be complete in the fall of 2022. • Pursuant to federal grant subrecipient monitoring requirements and consistent with prior years, the City and the Puget Sound Regional Fire Authority developed a Memorandum of Understanding governing two Emergency Management Performance Grant (EMPG) awards received by the City. This MOU was signed by the Mayor and is currently awaiting approval by the RFA. The City will be executing a consultant services agreement with a firm providing for RFA site visits and review of EMPG expenditures as part of its subrecipient monitoring requirements. • The Tax Division developed a statement of procedure (SOP) governing business license refund operations designed to obtain reasonable assurance that refunds issued by the City are properly authorized, calculated, supported, and valid. The Tax Division is in the process of development of an SOP governing the issuance of City business licenses which incorporates FileLocal Portal operations. • The Finance Department updated business license application questions for the 2023 relicensing period and provided draft recommendations to other City departments for review and feedback. The annual relicensing period commences on December 1; however, we anticipate completion of this project by September 1, 2022 in order to facilitate a timely and effective relicensing process for the business community. • The State Auditor’s Office issued the following reports for the City of Kent: Financial Statement and Single Audit (2020) and Accountability Audit (2019- 2020). The City received unmodified (clean) opinions in all areas including: (1) FINANCE 5.B Packet Pg. 6 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 3 of 11 financial statements, (2) internal controls over financial reporting, its major federal programs, and the safeguarding of public resources; and (3) compliance with federal grant requirements and compliance with applicable state laws, regulations, and its own policies. As part of the Accountability Audit, SAO issued a letter to the City related to certain matters of operations for review. • Customer Service is working with IT and Public Works on a new contract for handheld meter reading equipment. The current handheld devices used by the meter readers are no longer supported by the vendor. The Meter Readers enter the reads into these devices and upload them into the utility billing system. • Customer Service Account Representative Nathan Wee accepted another job offer. His last day in Customer Service was on April 1. His position is currently posted in- house for recruitment. • The General Ledger Team is working diligently on year-end tasks and closing the 2021 books. A draft filing, along with other required schedules, are due to the State Auditor’s Office by May 30, 2022. Per our standard protocols the closing of the first few months of the year have been delayed. January 2022 was closed in late March. February closed on April 12 and the March target is April 15. A huge ‘thank you’ to the Finance Team members who have pitched in to assist with the year-end closing and reporting. • The budget book for the adopted 2022 Mid- Biennium Adjustment has been posted on the website Finance | City of Kent (kentwa.gov). The budget group is now transitioning to working on the 2023-24 biennial budget. The budget kickoff presentation for the upcoming budget season has been scheduled for May 25. Over the next six weeks, the group will be working on revenue forecasts, internal service and central cost allocations, salary and benefit forecasts, and establishing department baseline budgets. Workday • Configuration and testing of change for new KPOA contract • Workday training continues for SME’s • Working with consultant to fix departmental reports • Design, configure and test new Workday- only accounts for temporary employees • Workday Issue Tracking 21/22 year to date 211 (includes citywide and department specific requests/issues): total closed 137, total open in progress 23, total open 51 • Workday March Statistics o 7863 business process events initiated during the month o 367 business process events initiated by a manager during the month o 162 business processes completed including new hires, terminations and job changes o 84 employee benefits business processes completed in the month, including retirement savings changes, addition of dependents to an enrollment, new enrollments, and changes to eligibility Benefits • Working with the Wellness committee to identify additional Wellness activities • Spring It! Step Challenge – 4/20/22 to 5/31/22; registration closes 4/19/22 • We’ve received an update for HSA plan participants’ HSA debit cards: with the transition to the new Optum Financial experience, there are some differences in how the payment card works to access account funds. The new Optum Financial payment card is set for health care registered spending. This helps ensure purchases made with the card are qualified medical expenses/services. The former card was an open spend card that would allow for purchases of non-eligible health care items. This required ensuring funds used were linked to a qualified medical expense. Merchants, such as pharmacies, use an IIAS (inventory information approval system) for health care registered programs and must properly code items as a qualified medical expense (QME). If an HR 5.B Packet Pg. 7 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 4 of 11 account holder attempts to use their card to purchase a QME and the purchase is declined, it may mean that the merchant has not properly coded the item as a qualified expense. If account holders encounter this scenario, Optum recommends that they pay out-of-pocket and reimburse themselves with account funds via their online account or the Optum Financial mobile app. Recruiting • Hires and promotions: Jason Barry promoted to Capital Projects Supervisor in PW effective 4/16, Jonathan Perkins hired as a Custodian effective 4/16, Tracey Turner hired as a Community Engagement Specialist effective 5/2, Samantha Miller and Travis Jewell hired as MW II’s for Parks/PW effective 4/16, Kirk Fitzharris promoted to Custodial Lead effective 4/16 • Accounting Supervisor interviews on 4/21 • e McLean Supervisor Training concludes on April 13 with presentations of the group projects • Finalizing the contract with Segal for the non-rep salary study • Following the process to recruit for and select a new Civil Service Commissioner Labor/Class & Comp • AFSCME labor management meeting on 4/12/2022 Information Technology Projects • GolfNow Upgrade – to migrate the on premise GolfNow system to the providers hosted G1 environment. With this move we will be on GolfNow’s supported platform and will allow us to upgrade the technology that it runs on at the Point-of-Sale locations. • Multimedia Asset Management System Replacement - to configure and implement a cloud based Digital Asset Management system (DAM) for the Communications Division of the Administration Office. Information Technology operational support for April 03, 2022 to April 12, 2021 • Number of tickets opened – 196 • Number of tickets closed – 385 Enterprise GIS General • Continued normalization of address database • EGIS Analyst III started and is being onboarded regarding GIS data and applications • Working with PW Transportation to deploy TIP Storymap • Meeting with the cities that are represented by PSRFA to discuss data needs and standards within our GIS environments • Working with Esri to complete preparation on the rearchitect of GIS system implementation • Assessing needs for DEI data • Amanda stabilization Weekly Customer Service Requests • Monthly GIS data update • Working with staff on various dashboard access • Providing customer support to help staff connect to GIS data • Managing Connect Explorer login access • EGIS participating in citywide software implementations and providing GIS support • Assisted staff in meeting the federal environmental procedural requirements related to the S. 224th Street Corridor Project, Phase III. • Continued to help support the negotiations with Avenue 55 for the purchase and development of the Naden assemblage. • Assisted the Clerk’s Office in preparing the agenda for the City Council meetings. • Revised the City’s social media policy, and began planning a training session for City staff in advance of the policy’s implementation. • Assisted the HR Department in a number of sensitive employment and labor related matters. • Assisted City departments in reviewing and negotiating contract terms on a number of contracts related to construction, technological, and development projects. • Assisted outside counsel on a number of cases currently in litigation. IT LAW 5.B Packet Pg. 8 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 5 of 11 Recreation and Cultural Services • Kent Creates exhibit “Here Comes the Sun” is now open through June 30. Five winners will be selected based on Arts Commissioner votes. • Artwork by Susanne Kelly and Enid Smith Becker is currently on display in the Centennial Gallery through May 20. Gallery hours are 8 a.m. to 5 p.m. • The annual Summer Art Exhibit will return in 2022. We received applications from 73 artists who submitted 582 artworks for consideration! A panel of professional artists is currently judging the submissions. Based on their scores and input, approximately 50-60 artworks will be accepted in the show. • A call to artists for the 2022 Traffic Signal Control Box Art Wrap Program was released on March 1 with an April 18 deadline. Nine boxes will be wrapped as part of this year’s project. • Following a two-year COVID hiatus, Staff are preparing for the Annual Fishing Experience scheduled for Saturday, May 21. Plans are already underway for pond clean-up and site access; stocking of the pond with trout; and preparation of fishing equipment. The team is now reaching out to service clubs in Kent (and anyone reading this CAO report!) to recruit volunteers to serve as fishing guides, fish cleaners, equipment technicians (pole repair!) and parking attendants. • Staff are working with Multimedia and the Parks Marketing and Engagement Coordinator to develop a promotional video highlighting the Lü Interactive Playground at Spring Break Camp at Kent Commons. The Lü Interactive playground transforms any space into an active and immersive educational environment where “kids of all ages” are engaged physically, intellectually, and socially-emotionally by projecting interactive video game applications onto a wall that require the users to move and think to score points either individually or for their team. • Adaptive Recreation spring sports programming including track, cycling and swimming, kicked off this week with 65 athletes. Athletes are excited to get in shape and fine-tune their skills in preparation for competition in Special Olympics Tournaments this season. Swimmers will compete on Saturday, April 23rd at King County Aquatic Center; Track and Field participants will compete on Sunday, May 1st at Marysville Pilchuck High School; and all cyclists qualify and will race during the 2-day state tournament at Joint Base Lewis McChord on June 18th & 19th. • Kent Parks and Recreation’s 2022 Track season is back after an extended COVID break and is in full swing with the first three weeks of a five-week program completed. This school-based program includes over 1,100 kids representing twenty elementary schools across the Kent School District. While the athletes take a breath during Spring Break, the Recreation team is preparing for the Junior Olympics; the culmination of the track season. The Junior Olympics is slated for May 7 at French Field with teams split into two meets. • Baseball is back at Kent Parks! A jamboree for young athletes playing t-ball (age 4- kindergarten) and tossball (grades 1 and 2) will be held Saturday, April 16 at Service Club Ballfields. The jamboree is a lead-up to league play where each player will get their individual and team picture taken and play in a practice game. This season, 136 athletes will learn good sportsmanship and the basic fundamentals of hitting, fielding, throwing, catching and baserunning while participating in practices and playing in 8 league games. Play Ball!!!! • The Spring Coed Soccer league kicks off with a jamboree slated for Saturday, April 30, at Wilson Playfields. This popular program includes 216 youngsters from the age of 3 years old to 1st grade. The goal of this program, over the course of several practices and 6 games, is for the athletes to learn the basic skills of dribbling, passing and shooting on the goal. PARKS, RECREATION, AND COMMUNITY SERVICES 5.B Packet Pg. 9 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 6 of 11 Facilities • Detectives TI project at Centennial Center 3rd floor is at substantial completion. Furniture will arrive in about 4 weeks. New chairs all arrived as of 4/12/22. • Centennial Center new 3rd floor lunchroom reopened and ready to use. • Generator Building clean up complete. Repairs are scheduled to begin on 5/2/22. Generator 2 still online and operational. • Facilities Condition Assessment and Master Plan is continuing to take shape. • Courthouse and Corrections generator project approved by Council 3/15/22 and contract is being compiled. Generator lead time is anticipated to be 8-12 months. • Police HQ Renovation is underway. Concrete for the grade beams and pile caps are poured. Lockers have arrived and being stored on-site. Framing and electrical for the new locker room upstairs is complete. • Senior Center Roof consultant contract is complete. Targeting end of summer for this project. • IT Annex remodel submitted for permit 3/3/22. • Custodial Lead position has been offered. • New Custodian, Jonathan Perkins, starts full time 4/18/22. • TLT Capital Project Coordinator candidate narrowed down and looking to fill and have them start in May. • UpKeep (CMMS) implementation is underway. Go-live date for the City is 4/18/22. Training has been taking place the week of 4/11/22. • Senior Center Coffee Bar upgrades almost complete. New coffee station scheduled to be installed by the week of 4/25/22. • Senior Center modifications to the Computer Lab and Health Center underway. • Maintenance Supervisor, Tony Thiessen, is out until end of May / early June. • Parking lot seal coating projects for the summer are being finalized. A full list is still forthcoming. • New sign installed for the Kent Historical Museum. • EV charging station for the City Hall campus parking garage is ordered and install scheduled as soon as it arrives in about 4-6 weeks. • KMP roof top unit (RTU) scheduled to be replaced, still working through their engineering. Parks Planning & Development • The Titus Park renovation is underway. The park paving was removed, along with the mural on the adjacent building. Parks Operations staff have laid down the paver path and seating areas and a planting plan is being developed to compliment these hardscape improvements. New concrete ADA ramp and sidewalks with biking parking areas will be poured this week with completion of the project expected at the end of April. • East Hill North Community Park project is underway with the consultant team chosen and the contract signed. Kick-off meeting was held the first week of April with information collection being the first step in the process. Next steps include wetland delineation and cultural resources assessment. • Design for the Salt Air Vista Park renovation was completed in March and the project is in the final stages of permitting. The project is currently out to bid with start of construction anticipated for late spring. • Chestnut Ridge Park renovation is underway. Select demolition of the playground and non-compliant sidewalks is complete with the contractor beginning to grade and layout new pathways. The project scope will include a new and expanded children's play area, new swings, upgraded site furnishings, stone stairs built into the hillside, and art installation. The project is anticipated for completion in early summer. Staff Changes - Hiring/Retirement/ Recruitment/Leaves/Promotions • Officer Joe Johnson separated from the department 3/15. • Officer Trevor Wolcott separated from the department 4/1. • Entry Level Officer Jacob Pursley started 4/1. POLICE 5.B Packet Pg. 10 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 7 of 11 Significant crime activities/arrests /investigations • On March 28, at 6:08 pm, officers were dispatched to a suspicious subject with a gun in the area of 272nd and Pacific Hwy S. Officers recognized the subject description from a shooting which occurred in Des Moines at 5:40 am. The subject was seen getting onto a bus. The suspect exited the bus a short time later. The suspect refused to comply with orders to stop and continued walking away. As he encountered several more officers in front of him, he complied with commands and was taken into custody. Officers confirmed the suspect was the same suspect from the prior shooting. The suspect had an extensive criminal history with multiple felony convictions. Des Moines PD took custody of the suspect for the previous shooting. • On March 30, at 1:56 am, officers were dispatched to an unwanted subject at Lynn’s Towing, located at 841 Central Ave N. A tow truck driver called to report the fence had been cut leading into the secured lot. Officers searched the lot and located a subject hiding in the back seat of a vehicle. The subject was placed under arrest without incident. The suspect had jacked the vehicle off the ground and was in possession of several tools including a reciprocating saw, various saw blades, and a jack. Based on the tools the suspect was likely stealing catalytic converters. A criminal history of the subject revealed he has been arrested 14 times for various crimes. • On March 30, at 3:00 am, officers were conducting extra patrol around the Thea Bowman Apartments on the West Hill of Kent. A vehicle was observed leaving the private property/dead end near the location with expired tabs. A stop was conducted, and the occupants contacted. While an officer was on the passenger side of the vehicle, the officer observed a firearm inside the vehicle. The occupants were detained, and the firearm was recovered. The subject with the firearm claimed he had purchased the weapon for $100. He was a convicted felon and had several warrants for his arrest, including a warrant for burglary. He was booked on his warrants and the weapons case is being investigated further. • On March 30, at 11:12 am, officers were dispatched to an occupied stolen vehicle in the Big 5 parking lot at 24216 104 Ave SE. As officers arrived, the suspect saw officers and despite room to maneuver around the officer's vehicle, the suspect drove head on at the officer’s vehicle, striking it in the front passenger side. The suspect then fled around the officer’s vehicle striking it a second time. The suspect then drove into a second officer’s vehicle, striking that vehicle on the front driver side significantly damaging the vehicle. A pursuit of the suspect vehicle ensued. The suspect collided with an uninvolved motorist, halting their progress, and was taken into custody and booked. • On April 1, at 9:52 am, officers were dispatched to a bank robbery at Key Bank located at 10304 SE 256 St. Three suspects had robbed the location by handing a note to the teller. While the suspects took money, one of them kept their hand in their pocket and pointed it in a way that made it seem they were armed. The suspects fled. Officers were able to follow the suspects. Officers conducted a stop of the vehicle, which attempted to flee by driving along the shoulder. An officer was able to displace the suspect vehicle and four subjects were detained. During the incident, loose US Currency could be seen falling from the vehicle to the ground. All four subjects were booked into the RJC and the case was referred to detectives for investigation. • On April 2, at 3:15 am, officers were dispatched to a stabbing at the Driftwood Apartments. A male had been stabbed in the shoulder. They were able to determine that the suspect was the victim’s girlfriend, and she was no longer there. Detectives are investigating. • On April 7, at 5:30 pm, officers were dispatched to a drive-by shooting at the Hillcrest Cemetery. One subject had been shot and multiple vehicles were leaving. Lifesaving efforts were started and taken 5.B Packet Pg. 11 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 8 of 11 over by medics but were ultimately unsuccessful. Detectives are investigating. • April 7, at 7:21 pm, officers were dispatched to a robbery that occurred at the Subway located in the 23200 block of Pacific Hwy S. An unknown suspect came into the business and began to order food. When the cash register was opened, the suspect attempted to take money. When the employee resisted, the suspect sprayed the employee in the face with pepper spray. The suspect left the restaurant with about $30 in change from the till. Detectives are investigating. • On April 7, at 10:00 pm, officers were dispatched to a robbery that occurred in the 23900 block of 109th Ave SE. The victim had parked his vehicle and was approached by a subject walking on foot speaking to him. The victim did not understand what was being said and then two other suspects approached him. They began to physically assault the victim and stole his cell phone. Detectives are investigating. • On April 10, at 5:12 am, officers were dispatched to a robbery at the 7-Eleven located at 24012 104th Ave SE. A subject had come into the store armed with a handgun and robbed the clerk of the money in the cash register. Detectives are investigating. • On April 11, at 10:20 pm, officers were dispatched to a robbery near the East Hill Market at 240th & 108th. Officers intercepted the victim as he was being forced to drive to a different location by the suspect. They detained the suspect and learned the victim was initially with him voluntarily. However, the suspect forced the victim at gunpoint to drive away from East Hill Market. The victim's car was seized for a search warrant and the suspect was booked into KCJ for Kidnapping, Robbery, Assault, and UPFA. Major Emphasis Patrol • Kent Valley Emphasis: o April 2; 6 contacts, 1 trespass arrest o April 3; 2 contacts, 2 trespass warnings, 1 warrant arrest • Walker/Roller Safety Enforcement Grant Project along Highway 99 April 10-23. Kent, Federal Way, Des Moines, SeaTac, and Tukwila Police Departments will be deploying enforcement overtime along HWY 99 geared at driver behaviors most harmful to walkers and rollers. This is following a series of observation surveys done along HWY 99 at six spots which resulted in an alarming number of drivers speeding, failing to yield right of way to walkers and rollers, and encroachment on crosswalks and sidewalks. Events and awards • Letters of Commendation: In February of 2021, Officers Tessa Melville and Trevor Wolcott were asked to become certified Active Bystander for Law Enforcement (ABLE) instructors through the Georgetown University School of Law. The ABLE Project is a national hub for training, technical assistance, and research, all with the aim of creating a police culture in which officers routinely intervene as necessary to: prevent misconduct, avoid mistakes, and promote officer health and wellness. Officers Melville and Wolcott completed their instructor course and teach-back sessions in June of 2021. Together, Officers Melville and Wolcott successfully trained the entire Kent Police Department at Session 3 in-service training from August to December 2021. This is a huge accomplishment that should be acknowledged. Officers Melville and Wolcott were recognized for their dedication, professionalism, and willingness to take on this important training endeavor. Land Survey/PW GIS • Land Survey field staff have completed design mapping for Earthworks Park and forwarded data on to Parks Planning for review. Field Crews continue design mapping the Leber property. Office staff have continued preparing Record of Surveys (ROS) for recording at King County, written legal property descriptions for projects, reviewed private and public project plans and participated in LEAN PUBLIC WORKS 5.B Packet Pg. 12 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 9 of 11 exercises with the ECD and Right of Way teams. • Public Works GIS staff continued entry of GIS as-built data from capital improvement projects. Private development project as- builts have been caught up and are entered in GIS as they are received from ECD. Staff have completed assigned Public Records Requests for GIS related data and record as-builts. PW GIS Supervisor and Staff continue with their support of Cityworks implementation and the Public Works teams in Engineering and Operations now using the Collector App for managing their asset data. Construction • West Hill Reservoir: tank - hung 11th course, fitted and welded week of 4/11. Layout and installation of spiral staircase continues to follow ring install. Chlorination/control building – roof framing complete. Hanging doors and louvers.38th Ave S is closed between S 248th St and S 247th St for the duration of the project. Pedestrian access through this closure will be maintained. • 2021 Asphalt Overlays: grinding and overlay of S 208th complete. S 256th grinding complete. Weather permitting, paving 256th week of 4/11. The operation will move to 93rd/94th/96th Ave location following the completion of the activities on SE 256th. • Skyline Sanitary Sewer Extension: work began on site 3/28. NW Cascade is making low point connection between existing manhole in ADA school driveway and side sewer manhole (SSMH) #5. NW Cascade completed final side sewer 4/12. Grinded existing HMA on 4/13. TV line inspections completed. • Ovation at Meeker (625 W Meeker St.) – Water main and storm pipe installation on Harrison St between 4th Ave N and 6th Ave N are ongoing during daytime hours on weekdays. The intersection of 4th Ave N and W Harrison St. will be closed with a detour in place between the hours of 8:00 AM and 6:00 PM on Saturday and Sunday for the following 5 weekends for the installation of water, storm, sewer, concrete crosswalks, curb ramps, and asphalt paving: 4/16, 4/23, 5/7, 5/14, and 5/21. Environmental • Solid Waste Program: staff met with the King County Solid Waste Division staff to discuss King County’s Solid Waste Rate Restructure Proposal. King County is restructuring the way it receives income moving away from only getting revenue via its tipping fee. One of King County’s main goals is to reduce the amount of material entering the landfill that has an economic value, by 70% by 2030. To guarantee revenue with this new way of thinking, the County will restructure its way of receiving income to receive fixed dollars from cities depending on the amount of materials they generate that go into the landfill. The city is evaluating an opportunity to work with a consultant, commissioned/selected by the County, to create templates for each of the 5.B Packet Pg. 13 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 10 of 11 three major haulers within the county to amend the cities’ current garbage contracts pertaining to the disposal component. • 2022 Recycle Collection Events: the first Mini Recycle Event was Friday, April 8 at the Kent Swim & Tennis Club on Scenic Hill. The event ran from 1 – 4 pm and saw 125 residents recycle textiles, shredding, and electronics. The next mini event will be on Earth Day, Friday, April 22 at Hogan Park from 1-4 pm. Residents can recycle the usual textiles, shredding, and electronics as well as mattresses and, for the very first time, paint! This is a free event. More recycle events to follow through this year. Streets • Street Maintenance performed hot patch repairs on SE 261st St and on the walking path on 64th Ave S, bladed alleyways and shoulders at South Park, stripped forms, prepped for pour, and poured new sidewalks on Reith Rd, swept sidewalks and inspected bridges on S 196th St, placed messaging boards and flagged for bridge inspections on W Meeker St, cleaned sidewalks on 40th Pl S, repaired the gravel walking path on Woodland Way, cleaned traffic islands on SR 516 and swept debris from the round-a-bout on 4th Ave S. • Signs and Markings installed type 3 bases and signs for retro-reflectivity on S 254th Pl, installed bases for Retro-Reflectivity on SE 248th St and performed sign maintenance on the East Hill, West Hill and Valley South areas. • Solid Waste cleaned up debris on Pacific Hwy S and on S 216th St. • Water Vegetation mowed and line trimmed at the East Hill well, PS #5, Blue Boy tank and at the West Hill sites. • Street Vegetation mowed, line trimmed and picked up litter along S 208th/212th St, N Lincoln Ave and on S 218th St, sprayed along Veteran’s Dr and picked up litter, pulled weeds and cleared debris from the traffic islands on Pacific Hwy S, SE 256th St, Kent Kangley Rd, SE 223rd Dr, S 204th St, 4th Ave N and on W James St. • The Sidearms mowed on Kent Kangley Rd, SE 256th St, 116th Ave SE, E Valley Hwy, 80th Ave S, S 202nd St, 132nd Ave SE, SE 216th St, SE 218th Pl, S 259th Pl and on 80th Pl S and finished installing a fence along Kent Kangley Rd. • Wetland Mitigation transplanted and potted up bare root plants at the GRNRA nursery, line trimmed and cleaned up litter at the KOA and Alvin’s Pond sites and cleaned up litter at the 64th Ave, Hytek, Downey and Leber sites. • Wetland Maintenance mowed and line trimmed at Tahoma Vista on 133rd Pl SE, Birdsong Meadows on 116th Ave SE, Maplewood Grove on 108th Ave SE, Redondo on 27th Ave S, Signal Electric on 3rd Ave S, 72nd Ave Diversion Channel on 68th Ave S, ShoWare Center on 4th Ave N, and at Horseshoe Bend on 80th Ave S, repaired a retaining wall at the 72nd Ave Diversion Channel on 68th Ave S, mowed and maintained wetlands located on 115th Ave SE, SE 272nd Pl, SE 273rd Ct, SE 264th Pl and on SE 272nd St and monitored and cleaned up homeless camps at various sites. • Holding Pond crew mowed and line trimmed at Nancy’s Grove Bioswale, Tract E and Tract F on SE 278th St, Meridian Ridge, Taylor’s Glen and Pacific Park on 152nd Ave SE, Plat of Hawkesbury and Meridian Pacific on SE 280th St, Eagle Creek on 136th Pl SE, South Ridge Estates Holding Pond on SE 281st St, Allenbach IV on 148th Way SE, Roytberg SP on 138th Pl SE, Dravon and Country Club Village #2 on 137th Ave SE, SR 516 #1, #2 and #4 on SE 272nd St, Chateau Meridian on SE 262nd St, Meridian Place on 139th Ave SE, Lake Meridian North on 146th Ave SE, Kangley Grove on SE 274th St, Orme and Canary Hill on SE 256th St, Green Meadow Townhomes on SE 255th Pl, Madison Place on 137th Pl SE and at Heatherglen Estates and Cedar Pointe on SE 253rd Pl, line trimmed at Brookside Court front on 132nd Ave SE, Brookside Court back on SE 280th St, Eagle Creek on 136th Ave SE, South Ridge Estates Bioswale on SE 282nd St, Meridian Park Vista BS on SE 276th PL and 149th Pl SE and at SR 516 #3 on SE 272nd St and line trimmed and remote controlled mowed at Parkview on SE 288th St, Killa 5.B Packet Pg. 14 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 11 of 11 Hans on 142nd Pl SE and at Kingsley Glen on SE 279th St Water • Staff continued water main cleaning on Kent’s East Hill in the southern portion of the water service area. With construction season just around the corner in May, staff have worked on procuring supplies for water main replacement work as part of our Shops Inc. projects. Our annual large water meter testing has concluded (meters 3-inches and larger) and staff have worked through the system replacing water meter’s that were identified to be replaced through testing. Staff have also worked through fire hydrant repairs on hydrants that were damaged in vehicle incidents around the City. Storm/Sewer • Storm crews performed ditch maintenance on 132nd Ave SE, 129th Pl SE and on 125th Ave SE, inventoried ditches on SE 200th St and on SE 218th Pl, installed a new asphalt berm at 850 E Temperance St, bladed shoulders at North Park, installed lights at the Vactor site and cleaned for 2023 overlays on SE 217th St. Crews also performed National Pollutant Discharge Elimination System (NPDES) assessing on 110th Pl SE, 104th Ave SE and on 106th Pl SE, pumping on 116th Ave SE and on SE 248th St and repairs at various locations Citywide. • Sewer crews TV’d for 2022 and 2023 overlays Citywide, cleaned existing sewer lines between W James St and SE 258th St from 68th Ave S to Kennebeck Ave N, installed sound attenuating panels at Lindental and cleaned wet well at various Sewer Pump Stations. Fleet/Warehouse • The Warehouse crew continued to assist with CDL training, maintained the shops yard, keeping it clean and free of litter and debris, cleaned and maintained the wash rack, washed and vacuumed motor pool vehicles, issued personal protection equipment (PPE’s) and motor pool vehicles to staff and hydrant meters and public notice boards to contractors, repaired small equipment as needed, received parts and inventory orders, hauled spoils as time and equipment were available and continued to manually open and close the broken East Gate daily and locked and unlocked the gates in the employee south parking lot at the beginning and close of the work day. • Fleet staff performed repairs of wrecked vehicles, set up vehicles as they came in, sent a truck out to have a Tommy Lift installed, worked on scheduled and non- scheduled maintenance and repairs and met with departments to discuss ARPA vehicle replacements. • The Radio Shop met to discuss the vacant position for Radio Tech. ### 5.B Packet Pg. 15 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) DATE: April 19, 2022 TO: Kent City Council SUBJECT: Public Hearing on the South 224th Phase III Project - Garrison Creek Park Impacts and De minimus Determination MOTION: Adopt Resolution No. 2037, determining that any effects of the S. 224th Street Corridor Project, Phase III, to Garrison Creek Park will be “de minimis” for purposes of federal law; and authorizing the Mayor and Parks Director to sign all necessary documents related to this determination. SUMMARY: The City is planning improvements along the S.224th St. corridor between 94th Pl. S. and 99th Ave. S. to extend the improvements completed as part of Phases I and II (the “Project”). Phase III of the Project consists of widening the existing street cross-section to three lanes, adding shoulders, planter strips, a concrete sidewalk, lighting, and channelization. Garrison Creek Park is located within the Project limits. The Project will include a new sidewalk and planter strip on S.218th St. at the north end of the park where no sidewalk currently exists. A portion of the new sidewalk and planter strip will need to be installed a few feet beyond the right of way limits and on the Garrison Creek Park parcel. Because the Project is federally funded, it requires federal environmental documentation. Part of the documentation required is a letter from the City confirming that the Project will only have a “de minimis” impact on the Park, meaning that the Project will not adversely affect the activities, features, or attributes of the park. Federal law also requires that the City hold a public hearing about the Project and its minimal impacts to the Park. This public hearing will be held on April 19th at the regularly scheduled City Council meeting. After this public hearing, Council will be asked to adopt a resolution with its determination that the Project’s impact on Garrison Creek Park is “de minimis” and to authorize any other necessary actions to meet the federal environmental requirements. According to Parks staff, adding the new sidewalk and planter strip will enhance the community connection to the Park and provide a safe environment for the community. The Project will not adversely affect any activities, feature, or 6.A Packet Pg. 16 attributes of the park. BUDGET IMPACT: None SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Garrison Creek Resolution-De Minimis Determination (PDF) 6.A Packet Pg. 17 1 S. 224th Street Corridor Project – De Minimis impact Determination RESOLUTION NO. 2037 A RESOLUTION of the City Council of the City of Kent, Washington, that (1) declares any effects of the S. 224th Street Corridor Project (“Project”), Phase III to Garrison Creek Park are “de minimis” for purposes of federal law; and (2) authorizes the Mayor and Parks Director to sign all documents necessary to convey the City of Kent’s support for the Project and the determination that any impacts of the Project to the Garrison Creek Park are de minimis and will not adversely affect the features, attributes, or activities of the Park. RECITALS A. The City is planning further improvements along the S. 224th Street Corridor between 94th Place S. and 99th Avenue S (“Project”). The Project is the third phase of improvements to this corridor and will widen the existing street to three lanes; add shoulders, planter strips, a concrete sidewalk; and add lighting. B. Garrison Creek Park (“Park”) is located within the Project limits and a portion of the planned improvements will need to be installed a few feet past the right-of-way limits and on the Park parcel. Specifically, the Project will include the installation of a new sidewalk and planter strip on S. 218th Street at the north end of the Park (“Improvements”). Currently, no sidewalk exists at this location. 6.A.a Packet Pg. 18 Attachment: Garrison Creek Resolution-De Minimis Determination (3129 : S. 224th Phase III Project - Garrison Creek Park Impacts and De- 2 S. 224th Street Corridor Project – De Minimis impact Determination C. The City’s Parks Department welcomes these Improvements because they will provide sidewalks where none exist and as a result, will enhance the community connection to the Park. D. Because the Project is federally funded, any impacts to public parks must be “de minimis,” defined as impacts that will “not adversely affect the features, attributes, or activities” of the park. See 23 CFR § 774.17. Before making a determination that impacts are “de minimis,” the City must first provide public notice and an opportunity for public review and comments regarding the effected of the Project on the Park. See 23 CFR § 774.5(b)(2)(i). Then, the City’s Park Director must submit a letter to the federal government (via the Washington Department of Transportation) documenting support of the Project and the de minimis determination. E. After providing timely notice, City Council held a public hearing on April 19, 2022, at a regularly scheduled city council meeting and invited comments regarding the impacts of the Project to the Park. Staff also presented information on the Project to the Parks and Human Services Committee on April 7, 2022. F. Having complied with the applicable procedural requirements, the City Council has determined that any impacts of the Project to the Park are de minimis. Certain Project improvements, including the construction of new sidewalks, will directly benefit the Park. Accordingly, this resolution authorizes the Mayor and Parks Director to take all steps and sign all documents necessary to convey its determination to the federal government. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 6.A.a Packet Pg. 19 Attachment: Garrison Creek Resolution-De Minimis Determination (3129 : S. 224th Phase III Project - Garrison Creek Park Impacts and De- 3 S. 224th Street Corridor Project – De Minimis impact Determination RESOLUTION SECTION 1. – Recitals Incorporated. The foregoing recitals are incorporated into the body of this resolution and constitute the findings of the Kent City Council on this matter. SECTION 2. – De Minimis Impact Determination. After giving timely notice, a public hearing was held on April 19, 2022, at a regular meeting of the Kent City Council to evaluate the impacts to Garrison Creek Park (“Park”) from the S. 224th Street Corridor Project, Phase III (“Project”). Having given due consideration, the City Council determines that the Project is beneficial to the City and any impacts from the Project will be “de minimis” and not adversely affect the activities, features, or attributes of the Park. SECTION 3. – Ratification and Authorization. The City Council ratifies all acts consistent with the authority of this resolution and prior to the passage of this resolution, and authorizes the Mayor and the Parks Director to take all acts necessary, and to sign all documents required to implement, fulfill, and otherwise carry out the terms and intent of this resolution, subject to final document terms and conditions as the City Attorney may determine are appropriate and consistent with the authority granted herein. SECTION 4. – Severability. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. SECTION 5. – Corrections by City Clerk. Upon approval of the city attorney, the city clerk is authorized to make necessary corrections to this 6.A.a Packet Pg. 20 Attachment: Garrison Creek Resolution-De Minimis Determination (3129 : S. 224th Phase III Project - Garrison Creek Park Impacts and De- 4 S. 224th Street Corridor Project – De Minimis impact Determination resolution, including the correction of clerical errors; resolution, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 6. – Effective Date. This resolution shall take effect and be in force immediately upon its passage. April 19, 2022 DANA RALPH, MAYOR Date Approved ATTEST: April 19, 2022 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted APPROVED AS TO FORM: TAMMY WHITE, ACTING CITY ATTORNEY 6.A.a Packet Pg. 21 Attachment: Garrison Creek Resolution-De Minimis Determination (3129 : S. 224th Phase III Project - Garrison Creek Park Impacts and De- Pending Approval City Council Workshop Workshop Regular Meeting Minutes April 5, 2022 Date: April 5, 2022 Time: 5:00 p.m. Place: Chambers I. CALL TO ORDER Council President Boyce called the meeting to order. Attendee Name Title Status Arrived Bill Boyce Council President Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Zandria Michaud Councilmember Present Toni Troutner Councilmember Present Les Thomas Councilmember Excused Dana Ralph Mayor Present II. PRESENTATIONS 1 Low Income Housing Institute - Tiny Homes LIHI Staff Kurt Hanson Chief Padilla 60 MIN. The Low Income Housing Institute presentation was given by: Tye Whitfield, Executive Director of King County Gathering Outreach Josh Castle, Community Engagement Director with Low Income Housing Institute The Rev. Dr. Joyce Parry Moor, Rector of St. James Episcopal Church La Tanya VH DuBois, Referral and Support Team, The Silent Task Force Lady Jacqueline Boles, Behavior Trauma Center Peter Ostrander, Minister of Community Engagement, St. James Episcopal Church Tracy Williams, Village Organizer & former village resident, LIHI Theresa Hohman, Tiny House Programs Manager, LIHI LIHI provided examples of affordable housing units. Tiny House Villages: ● LIHI operates 16 tiny house villages (626 tiny houses) in Seattle, Skyway, Tacoma, Olympia, and Bellingham. ● High quality, non-congregate, Covid-safe enhanced shelter. ● Each tiny house is 8 feet by 12 feet, is insulated, and has heat, electricity, 8.A.1 Packet Pg. 22 Minutes Acceptance: Minutes of Apr 5, 2022 5:00 PM (Approval of Minutes) City Council Workshop Workshop Regular Meeting Minutes April 5, 2022 Kent, Washington Page 2 of 5 and a locking door. ● Villages include hygiene and kitchen facilities, community spaces, and offices for on-site staff. ● Villages serve populations not served by traditional shelters such as families, couples, and people with pets. Tiny Houses: ● Tiny houses are built by neighbors, volunteers, businesses, schools, faith organizations, pre-apprenticeship programs, and others. ● Fully furnished - include a mattress, bedding, storage, heater, and a welcome kit with other essential items. ● LIHI abides by all fire safety standards. Each tiny house includes CO2/smoke detector, and fire extinguishers are distributed throughout village. Tiny House Villages Management and Operations: ● Villages have 24/7 staffing: ○ Village Operations Manager - manages site ○ Case Manager - provides services and support to residents ○ Village Organizers - provides security and operational support ● Residents required to agree to and abide by a Code of Conduct as a condition of staying at the site. ● LIHI employs grievance procedures to address resident concerns. Tiny House Village Supportive Services: ● Full-time Case Managers work on-site. ● Case Managers support residents in obtaining housing, employment, health care, childcare, getting IDs, education, and more. ● Residents are required to work with the Case Manager as outlined in Code of Conduct. ● Tiny houses villages serve as a steppingstone from homelessness to permanent housing. Case Managers are crucial to this! Tiny House Village Outcomes in King County ● Provided shelter for over 2,516 people since 2015. ● 745 people sheltered in 2021. ● 56% of village residents exiting found homes. 50% into permanent housing and 6% into transitional housing. Tiny house villages have significantly higher rate of exit to permanent housing than other shelter programs ● 114 day median length of stay in villages. Population, Referral Process, Rules: ● Referrals - Local organizations and agencies providing referrals of individuals, couples, families, and people with pets who are unsheltered in Kent. ● Client population - Serving unhoused folks in Kent who just need a step up. Will serve populations such as refugee families, single mothers, transitional 8.A.1 Packet Pg. 23 Minutes Acceptance: Minutes of Apr 5, 2022 5:00 PM (Approval of Minutes) City Council Workshop Workshop Regular Meeting Minutes April 5, 2022 Kent, Washington Page 3 of 5 young adults, employed but currently unable to afford housing, and others that can live in a community and are a good fit for the program. ● Code of Conduct - Residents agree to and abide by as condition of staying at site. Requirement to work with case management, prohibition on drugs and alcohol, no hoarding behavior, pet policy, quiet hours, chores. Community Outreach and Engagement: ● Good neighbor - Village committed to being a good neighbor and asset to the Kent community. ● Public community meeting in May for future site to present plan for village and answer questions. ● Community Advisory Council - Forming council of close by neighbors, local businesses, church congregants, other neighborhood stakeholders to provide neighborhood oversight, input and support. Monthly meetings. ● Meetings by request - LIHI meets with any neighborhood group, organization, or business by request to discuss plan for village. ● Staff follow up - LIHI staff respond promptly to questions, concerns, ideas, or offers of support or donations from community and neighbors. Castle reviewed a proposed site map and reviewed LIHI’s timeline that included action by the Council during today’s meeting and indicated the site set up and residents would move in during June or July. Kurt Hanson, the City’s Economic and Community Development Director advised of the information that was discussed during the Council's retreat earlier this year. Hanson advised of recent code amendments relating to emergency housing and emergency shelters, and permanent supportive housing. The details of Ordinance 4358 that was passed by the Council in June of 2020 was reviewed. Permanent supportive housing was the ultimate goal for housing the homeless. It is allowed in every mixed-use and single-use family areas in the City. Hanson reviewed the definition of emergency housing and emergency shelters as adopted in the Code. Tiny Homes are not regulated under the building and fire codes and are temporary in nature. Tiny homes would require a conditional use permit - Hanson detailed the process after a conditional use permit is submitted and also went over the requirements of operating a Tiny home village, including they can operate 90 days on, 90 days off, not to exceed six months in a calendar year. Application for a conditional use permit comes in, staff makes a recommendation to the Hearing Examiner who then makes the decision. The 8.A.1 Packet Pg. 24 Minutes Acceptance: Minutes of Apr 5, 2022 5:00 PM (Approval of Minutes) City Council Workshop Workshop Regular Meeting Minutes April 5, 2022 Kent, Washington Page 4 of 5 decision can be appealed. Chief Padilla and Commander O'Reilly provided data relating to public safety at tiny villages. The data only includes what was reported relating to tiny villages. Commander O'Reilly detailed police calls to tiny villages throughout the region. Castle advised LIHI has applied for a grant through King County for a South King County village. LIHI would cover utilities, insurance, legal liability. 28 houses - limit of 35 residents would be the maximum. $800K operational costs Set up costs $600K Tiny homes 96 square feet, eaves bring them to 120 square feet The tiny homes can house a couple or parent and child Multiple tiny homes are utilized for families Hanson provided examples of why a conditional use permit for a tiny home would be denied, including taking into consideration public comment in opposition. Hanson advised a code amendment process would be required to remove the 90 days' off requirement. Castle advised the goal is to move residents out within 6 months. Mayor Ralph advised the City provides grants using Human Services dollars for shelters via Catholic Community Services and also funds the Multifamily Service Center for family shelters. Castle advised there is no current funding from King County after 2024. The tiny homes in Kent will only be for those unsheltered in Kent. The Silent Task Force will ensure only Kent unsheltered will be referred for services. Hanson indicated the current code allows for conditional use permits throughout the entire City. If Council wants to pursue an exception to any of those standards, that would require a code amendment. The Council would make the decision to pursue site specific or zoning changes citywide. Larimer did her own research and provided statistics on how much money it takes to live in Kent and spoke in support of moving forward with a code amendment with restrictions. 8.A.1 Packet Pg. 25 Minutes Acceptance: Minutes of Apr 5, 2022 5:00 PM (Approval of Minutes) City Council Workshop Workshop Regular Meeting Minutes April 5, 2022 Kent, Washington Page 5 of 5 Kaur spoke in support of moving forward with a code amendment with restrictions and expressed concerns over housing large families. Troutner confirmed the median stay is 114 days. 50% of those exiting the village move into permanent housing and 6% move into transitional housing. The remaining percent don't want to take advantage of the permanent housing option. Adam Long, Assistant City Attorney advised that the City does not have the ability to dictate who can be admitted into the tiny home village. Boyce clarified that the Council does not make decisions at Council workshops. Workshops are only for the Council to hear about issues. Meeting ended at 6:45 p.m. Kimberley A. Komoto City Clerk 8.A.1 Packet Pg. 26 Minutes Acceptance: Minutes of Apr 5, 2022 5:00 PM (Approval of Minutes) Pending Approval Kent City Council City Council Regular Meeting Minutes April 5, 2022 Date: April 5, 2022 Time: 7:04 p.m. Place: Chambers 1. CALL TO ORDER/FLAG SALUTE Mayor Ralph called the meeting to order. 2. ROLL CALL Attendee Name Title Status Arrived Dana Ralph Mayor Present Bill Boyce Council President Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Toni Troutner Councilmember Present Les Thomas Councilmember Excused Zandria Michaud Councilmember Present 3. AGENDA APPROVAL Changes from Council, Administration or Staff Interim Chief Administrative Officer, Pat Fitzpatrick added Consent item 8.O, an Excused Absence for Councilmember Thomas. I move to approve the agenda as amended. RESULT: MOTION PASSES [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Michaud 4. PUBLIC COMMUNICATIONS A. Public Recognition i. Employee of the Year - 2021 Mayor Ralph and Judge Gipe recognized Janene Johnstone as the City's 2021 Employee of the Year. Johnstone expressed words of appreciation for her staff and the award. ii. Employee of the Month 8.A.2 Packet Pg. 27 Minutes Acceptance: Minutes of Apr 5, 2022 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes April 5, 2022 Kent, Washington Page 2 of 12 Mayor Ralph and Human Resources Director, Teri Smith recognized Michael Mage, the City's Government and Performance Coordinator as the City's April employee of the month. Mage expressed appreciation of the award. iii. Appointments to the Kent Bicycle Advisory Board Mayor recognized Connie Stolpp, Wendy Graves, Mack Middleton, Jeff Culver, Brian Smith and Steve Bourke as her recommendations to the Kent Bicycle Advisory Board and requested the Council confirm these appointments. iv. Appointments to the Kent Parks and Recreation Commission Mayor Ralph recognized Beth Carter, Michael Javelli, Taek Kim and Matthew Morgan as her recommended appointments to the Kent Parks and Recreation Commission and requested the Council confirm these appointments. v. Reappointment to the Lodging Tax Advisory Committee Mayor Ralph recognized Andrew Hutchison and requested the Council confirm his reappointment to the Lodging Tax Advisory Committee. vi. Proclamation for Distracted Driving Awareness Month Mayor Ralph presented the Proclamation for Districted Driving Awareness Month to the Puget Sound Regional Fire Authority Aaron Tyerman. vii. Proclamation for Sexual Assault Awareness Month Mayor Ralph accepted the Proclamation for Sexual Assault Awareness Month for former City Councilmember Dennis Higgins. B. Community Events Council President Boyce provided details on upcoming events at the accesso ShoWare Center. Visit accessoshowarecenter.com for information. Councilmember Michaud advised of two upcoming conservation events: Earth Day, April 23rd at Clark Lake Park from 9-noon, and an Arbor Day event at Riverview Park on Saturday April 30th from 9-noon. C. Parks Seasonal Staffing Parks, Recreation and Community Services Director, Julie Parascondola presented the Council with an extensive report on the Parks, Recreation and Community Services 2022 seasonal staffing efforts. Department Staffing Needs: • 115 Career Staff • 250-320 temp/seasonal staff annually, depending on need • Recreation Division is also seeking 100s of volunteers 3x a year 8.A.2 Packet Pg. 28 Minutes Acceptance: Minutes of Apr 5, 2022 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes April 5, 2022 Kent, Washington Page 3 of 12 Parascondola detailed the annual temporary staffing need at Riverbend and Park Operations and Recreation. The department is currently hiring for spring and summer programs. Parascondola reviewed long and short-term recruiting strategies and then detailed potential program cancellations and service adjustments if staffing can’t meet it’s needed staffing minimum for program and service safety. Council expressed appreciation of the extend of outreach Parascondola and her team are taking to find staff. 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report Mayor Ralph recently visited Ms. Maxwell's second grade classroom at Panther Lake Elementary. Students have been doing a project studying the City of Kent and creating advertising brochures. Mayor Ralph recognized the Seattle Majestic football team that has their home field at French Field at Kent Meridian High School. Mayor Ralph serves as the chair of the Transportation Policy Board that has been working through the Regional Transportation Plan and reviewing all the public comments received. Mayor Ralph was recently elected as the chair of the Flood Control Advisory Board. The board makes recommendations to the Flood Control District Board (King County Council) on how funding should be spent. Kent has been a recipient of funding. The recent meeting was to discuss the budget. B. Chief Administrative Officer's Report Interim Chief Administrative Officer, Pat Fitzpatrick advised of the upcoming Executive Leadership Team retreat on April 7th that will include discussions on the 2023-2024 budget. The City has entered into a contract with a recruiting firm to conduct the recruitment process for a Chief Administrative Officer. Fitzpatrick advised there is no executive session tonight, but there is a closed session to discuss labor agreements that is expected to last for 10 minutes with action when the Council reconvenes into regular session. Fitzpatrick's written report is included in today's agenda packet. C. Councilmembers' Reports 8.A.2 Packet Pg. 29 Minutes Acceptance: Minutes of Apr 5, 2022 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes April 5, 2022 Kent, Washington Page 4 of 12 Councilmember Boyce serves as the chair of the Operations and Public Safety Committee and provided a recap of today's agenda items. Councilmember Boyce serves as the chair of the City Council Workshop and provided a recap of today's presentation on tiny homes. Councilmember Boyce serves as the chair of the Sound Cities Association Public Issues Committee that will discuss countywide planning policies, climate change, and solid waste utility rates during the upcoming meeting. Councilmember Michaud serves on Kent's Human Service Commission that is preparing for the upcoming grant making process. There is additional technical support that will be available during the grant process. Michaud provided details on the recent presentations the Commission received related to education. Michaud serves on the Sound Cities Association Law, Safety and Justice Committee that received an update on the Sequential Intercept Model that details how individuals with mental and substance abuse disorders come into contact with and move through the criminal justice system. Councilmember Kaur serves on K4C - King County - Cities Climate Collaboration that recently discussed recent proposed legislation and the transportation and climate initiatives that passed. Councilmember Larimer encouraged the public to visit the Greater Kent Historical Museum that recently held a grand opening event. Councilmember Troutner is vice chair of the Regional Transit Committee that recently received a presentation on King County's Safety, Security and Fare Enforcement (SaFE) Reform. King County Metro is looking to reform its transit safety, security, and fare enforcement policies and practices through the SaFE reform initiative. Metro believes SaFE reform is a necessary step on its journey to becoming and anti-racist mobility agency, fulfilling its commitment to the King County Executive's True North and Values, and adhere to Metro's Mobility Framework. Councilmember Fincher serves as the chair of the Public Works Committee and provided a recap of the agenda items from the April 4th meeting. Fincher serves on Kent's Arts Commission that is currently in the judging stage for the "Inspired by Greatness" contest. Fincher advised the new Kent Creates contest is "Here Comes the Sun" that runs through June 30th. The call for artists for the nine new traffic box wraps is currently open until April 18th. The Kent student art walk exhibit just wrapped up. 8.A.2 Packet Pg. 30 Minutes Acceptance: Minutes of Apr 5, 2022 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes April 5, 2022 Kent, Washington Page 5 of 12 Fincher serves on the Sound Cities Association Mental Illness and Drug Dependency Advisory Council that recently received a report on the underspend recommendations relating to funds not spent during the pandemic. The Council also received a presentation from the Somali Mental Health Foundation. 6. PUBLIC HEARING None. 7. PUBLIC COMMENT Mayor provided opening instructions relating to the public comment period. Shai Singh, a student in Kent, attended today's meeting as part of their civics project and thanked the Mayor for today's proclamation for Sexual Assault Awareness Month and advised they will continue to communicate the benefits of the King County Sexual Assault Resource Center. Kyra Griffen, a student in Kent, attended today's meeting as part of their civics project and expressed appreciation of Mayor Ralph's proclamation for Sexual Assault Awareness Month and will get further information about the King County Sexual Assault Resource Center. Ankita and Rohan Goel provided public comment in opposition to a tiny home village in Kent. Martin Piszkiewicz, a Kent resident spoke in support of a tiny home village in Kent. The Reverend Dr. Joyce Parry Moore, a Kent resident and Reverend at the St. James church, spoke in support of a tiny home village in Kent. SuYoung Yun, a Kent resident and Civic Engagement Program Manager at Utopia, spoke in support of a tiny home village in Kent. Michael Janvelli, a Kent resident spoke in support of a tiny home village in Kent. Peter Ostrander, an Auburn resident and Minister of Community Engagement at St. James church, spoke in support of a tiny home village in Kent. Agaiotupu Viena, a Kent resident and Deputy Director at Utopia, spoke in support of a tiny home village in Kent. 8.A.2 Packet Pg. 31 Minutes Acceptance: Minutes of Apr 5, 2022 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes April 5, 2022 Kent, Washington Page 6 of 12 Cliff Cawthon, a Kent resident spoke in support of a tiny home village in Kent. David Stoettcing, a Kent resident spoke in support of a tiny home village in Kent. Margaret Luke, an Auburn resident spoke in support of a tiny home village in Kent. Brenda Farwell, a Kent resident, past president of the Kent Community Foundation, and host of the Kent Community Partner meetings, spoke in support of a tiny home village in Kent. Dave Wicklander, a Kent resident spoke in opposition of a tiny home village in Kent. Rebecca Rittle, a Kent resident spoke in support of a tiny home village in Kent. Pastor Henry Jenkins, a Tukwila resident suggested everyone love their neighbor. Donald Richardson, a Kent resident spoke in support of a tiny home village in Kent. Patrick Moore, a Kent resident, spoke in support of a tiny home village in Kent. Tye Whitfield, a Kent resident, spoke in support of a tiny home village in Kent. Sean Los, a Kent resident, spoke in opposition of a tiny home village in Kent. Kimberly Watson, a Kent resident and Kent business owner, spoke in support of a tiny home village in Kent. Tanveer Sangha, a Kent resident, spoke in opposition of a tiny home village in Kent. Josh Castle, a Tukwila resident and Community Engagement Director with the Low Income Housing Institute, spoke in support of a tiny home village in Kent and provided a brief overview of the proposed process to get a 8.A.2 Packet Pg. 32 Minutes Acceptance: Minutes of Apr 5, 2022 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes April 5, 2022 Kent, Washington Page 7 of 12 tiny home village set up at the St. James church site in Kent. Alisha Figg, a Kent resident, spoke in support of a tiny home village in Kent. Brian Steward, a Kent resident and City of Kent employee that works with teens, and spoke in support of a tiny home village in Kent. Navia Taylor, a Kent resident spoke in support of a tiny home village in Kent. T.J. Petersen, a Kent resident, spoke in support of a tiny home village in Kent. Mayor Ralph advised if the City Council decides to move forward with a tiny home village proposal, there will be a process that is followed that will include extensive public outreach. A. I move to submit the written comments received into the record. Written comments were received by: Christopher Tran, a Kent resident. Ankita Goel, a Kent resident. David Wicklander, on behalf of Bandon Estates RESULT: MOTION PASSES [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Michaud 8. CONSENT CALENDAR I move to approve Consent items A - O. RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Michaud A. Approval of Minutes 1. Council Workshop - Workshop Regular Meeting - Mar 15, 2022 5:00 PM 2. City Council Meeting - City Council Regular Meeting - Mar 15, 2022 7:00 PM B. Payment of Bills - Authorize 8.A.2 Packet Pg. 33 Minutes Acceptance: Minutes of Apr 5, 2022 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes April 5, 2022 Kent, Washington Page 8 of 12 MOTION: I move to authorize the payment of bills received through 2/28/22 and paid on 2/28/22 and approve the checks issued for payroll 2/16/22-2/28/22 and paid on 3/4/22. C. Accept the Armstrong Well #1 Rehabilitation and Component Replacement Project as Complete - Authorize MOTION: I move to authorize the Mayor to accept the Armstrong Well #1 Rehabilitation and Component Replacement Project as complete and release retainage to Gary Harper Construction, Inc. upon receipt of standard releases from the State and the release of any liens. D. Accept the 2021 Paint Line Striping and RPM Replacement Project as Complete - Authorize MOTION: I move to authorize the Mayor to accept the 2021 Paint Line Striping and Raised Pavement Marking Replacement Project as complete and release retainage to Specialized Pavement Marking, Inc. upon receipt of standard releases from the State and the release of any liens. E. Accept the Green River Natural Resources Area South Stormwater Pump Station Project as Complete - Authorize MOTION: I move to authorize the Mayor to accept the Green River Natural Resources Area South Stormwater Pump Station Project as complete and release retainage to Tapani, Inc. upon receipt of standard releases from the State and the release of any liens. F. Appointments to the Kent Bicycle Advisory Board - Confirm MOTION: I move to confirm the reappointment of Connie Stolpp and Wendy Graves to the Kent Bicycle Advisory Board for additional three-year terms that will expire on March 31, 2025; confirm the new appointments of Mack Middleton, Jeff Culver and Brian Smith to the Kent Bicycle Advisory Board for three- year terms expiring on March 31, 2025; confirm the appointment of Steve Bourke to the Kent Bicycle Advisory Board to fill the vacant position for the remainder of its unexpired term that will expire on March 31, 2023. G. Appointments to the Kent Parks and Recreation Commission - Confirm MOTION: I move to confirm the appointments of Beth Carter, Michael Javelli, Taek Kim and Matthew Morgan to the Kent Parks and Recreation Commission for three-year terms beginning April 5, 2022 and expiring on April 4, 2025. 8.A.2 Packet Pg. 34 Minutes Acceptance: Minutes of Apr 5, 2022 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes April 5, 2022 Kent, Washington Page 9 of 12 H. Reappointment to the Lodging Tax Advisory Committee - Appoint MOTION: I move to reappoint Andrew Hutchison to the Lodging Tax Advisory Committee for a new 3-year term effective from April 4, 2022 thru April 3, 2025. I. Lodging Tax Advisory Committee Grant to Economic and Community Development for a Contract with JayRay for the VisitKent Tourism Promotion Campaign - Authorize MOTION: I move to authorize approve a lodging tax grant to the Economic and Community Development Department in the amount of $98,000 to be used for contracting with JayRay to maintain the VisitKent tourism promotion program and web/media presence; and authorize the Mayor to execute a contract with JayRay, subject to final terms and conditions acceptable to the City Attorney and Economic and Community Development Director. J. Ordinance Amending Kent City Code 9.39 "Towing" - Adopt MOTION: I move to adopt Ordinance No. 4427, amending Chapter 9.39 of the Kent City Code entitled “Towing,” to make clarifying revisions to the City’s local code provisions. K. Contract with Info-Tech Research Group – Authorize MOTION: I move to authorize the Mayor to sign a contract with Info-Tech Research Group, Inc. for an initial 3-year term and options to renew for three additional 1-year terms at a total contract cost not to exceed $265,000.00, subject to final contract terms acceptable to the IT Director and the City Attorney. L. King County WaterWorks Grant Agreement for Lake Fenwick Alum Treatment - Authorize MOTION: I move to authorize the Mayor to sign the King County WaterWorks Grant Agreement, in the amount of $150,000, for Lake Fenwick Alum Treatment, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. M. Resolution Revising the Residential Traffic Calming Program - Adopt MOTION: I move to adopt Resolution No. 2036 that repeals Resolution No. 2012 and amends the Residential Traffic Calming Program to revise voting thresholds. N. Clark Springs Habitat Conservation Measure - Purchase and Sale Agreement - Authorize 8.A.2 Packet Pg. 35 Minutes Acceptance: Minutes of Apr 5, 2022 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes April 5, 2022 Kent, Washington Page 10 of 12 MOTION: I move to authorize the Mayor to sign all documents necessary for the City to purchase property from Clarence and Heidi McElderry, in an amount not to exceed $985,000.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 9. BIDS A. City of Kent Police Firing Range Ventilation Upgrade Bid – Award Chris Sprague, Manager of the Police Department’s firing range provided information regarding the project that involves replacing the ventilation system. The scope of work includes removing and disposing of the existing ballistic range ventilation system and installing a new system based on the indoor firing range ventilation system upgrade provided by SSC Engineering, Inc. Sprague recommended awarding the bid to Westmark Construction, Inc. MOTION: I move to award the City of Kent Police Firing Range Ventilation Upgrade Project to Westmark Construction, Inc in an amount not to exceed $448,968.19 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the Police Chief and City Attorney. RESULT: MOTION PASSES [UNANIMOUS] MOVER: Zandria Michaud, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Michaud B. Downey Side Channel Restoration Final Phase Project Bid – Award Public Works Director, Chad Bieren presented the bid results for the Downey Side Channel Restoration Final Phase Project that will include the excavation of approximately 88,000 cubic yards of soil from the project site, installation of 44 habitat logs, connection of the side channel to the Green River and preparation of the soil for the future planting of 30,000 native plants. Bieren recommended awarding the project to Olson Brothers Excavating, Inc. MOTION: I move to award the Downey Side Channel Restoration Final Phase Project to Olson Brothers Excavating, Inc. in the amount of $3,129,996.84 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 8.A.2 Packet Pg. 36 Minutes Acceptance: Minutes of Apr 5, 2022 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes April 5, 2022 Kent, Washington Page 11 of 12 RESULT: MOTION PASSES [UNANIMOUS] MOVER: Brenda Fincher, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Michaud C. 84th Avenue South (East Valley Highway) Slump Repair Project Bid – Award Public Works Director, Chad Bieren presented information on the 84th Avenue South Slump Repair Project Bid that includes the repair of an existing slump on East Valley Highway, adjacent to Les Schwab and Tacoma Screw Products by removing the existing pavement and rebuilding the roadway to raise the road, adjacent sidewalk and driveways to original elevations. In addition to the roadway repair, this project will expose the existing 16” diameter watermain to inspect it’s condition, remove and replace 8” diameter water lines and associated infrastructure that serve the two adjacent businesses, and repair a leaning luminaire. Bieren recommended awarding the project to Active Construction, Inc. MOTION: I move to award the 84th Avenue South (East Valley Highway) Slump Repair Project to Active Construction, Inc. in the amount of $466,466.00 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. RESULT: MOTION PASSES [UNANIMOUS] MOVER: Brenda Fincher, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Michaud 10. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION None. 11. CLOSED SESSION TO DISCUSS COLLECTIVE BARGAINING PURSUANT TO RCW 42.30.140 The Council moved into the closed session at 9:35 p.m. At 9:47 p.m., Council reconvened into regular session. A. Action Following Closed Session - 2022-2024 KPOA Collective Bargaining Agreement - Officers and Sergeants - Authorize Human Resources Director, Teri Smith provided an overview of the three- year Collective Bargaining Agreement with the Kent Police Officers Association for Officers and Sergeants Unit. 8.A.2 Packet Pg. 37 Minutes Acceptance: Minutes of Apr 5, 2022 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes April 5, 2022 Kent, Washington Page 12 of 12 MOTION: I move to authorize the Mayor to sign a three-year labor agreement with the Kent Police Officers Association, Officers and Sergeants Unit, effective January 1, 2022 through December 31, 2024 and amend the budget as needed to implement the agreement's terms. RESULT: MOTION PASSES [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Michaud B. Action Following Closed Session - 2022-2024 KPOA Collective Bargaining Agreement - Assistant Chiefs and Commanders - Authorize Human Resources Director, Teri Smith provided an overview of the three- year Collective Bargaining Agreement with the Kent Police Officers Association for the Assistant Chiefs and Commanders Unit. MOTION: I move authorize the Mayor to sign a three-year labor agreement with the Kent Police Officers Association, Assistant Chiefs and Commanders Unit, effective January 1, 2022 through December 31, 2024 and amend the budget as needed to implement the agreement’s terms. RESULT: MOTION PASSES [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Michaud 12. ADJOURNMENT Mayor Ralph adjourned the meeting. Meeting ended at 9:50 p.m. Kimberley A. Komoto City Clerk 8.A.2 Packet Pg. 38 Minutes Acceptance: Minutes of Apr 5, 2022 7:00 PM (Approval of Minutes) DATE: April 19, 2022 TO: Kent City Council SUBJECT: Payment of Bills - Authorize MOTION: I move to authorize the payment of bills received through 3/15/22 and paid on 3/15/22; the payment of bills received through 3/31/22 and paid on 3/31/22; approve the checks issued for payroll 3/1/22-3/15/22 and paid on 3/18/22; and the checks issued for payroll 3/16/22 - 3/31/22 and paid on 4/5/22, all audited by the Operations and Public Safety Committee on 4/5/22. SUMMARY: 8.B Packet Pg. 39 Approval of payment of the bills received through:03/15/22 and paid 03/15/22 Approval of checks issued for Vouchers: Date Amount 03/15/22 Wire Transfers 9120 9140 $2,392,573.16 03/15/22 Regular Checks 759649 759950 $2,535,923.72 03/15/22 Payment Plus 103972 104019 $340,666.39 Void Checks ($17,335.00) 03/15/22 Use Tax Payable $2,249.52 $5,254,077.79 Approval of payment of the bills received through:03/31/22 and paid 03/31/22 . Approval of checks issued for Vouchers: Date Amount 03/31/22 Wire Transfers 9141 9159 $2,882,663.49 03/31/22 Regular Checks 759951 760474 $6,690,505.36 03/31/22 Payment Plus 104020 104086 $352,765.94 Void Checks ($700.00) 03/31/22 Use Tax Payable $378.23 $9,925,613.02 Approval of checks issued for Payroll:03/01/22-03/15/22 and paid 03/18/22 Date Amount 03/18/22 Checks $2,022,101.23 Voids and Reissues $0.00 03/18/22 Advices FR&P 463333 463341 $8,444.94 Total Payroll:$2,030,546.17 Approval of checks issued for Payroll:03/16/22-03/31/22 and paid 04/05/22 Date Amount 04/05/22 Checks $2,031,964.63 Voids and Reissues $0.00 04/05/22 Advices FR&P 463342 463350 $8,444.94 Total Payroll:$2,040,409.57 Total Accounts Payable: Document Numbers Document Numbers Total Accounts Payable: Document Numbers Document Numbers 8.B Packet Pg. 40 04/05/22 Operations and Public Safety Committee MOTION PASSES 8.B Packet Pg. 41 RESULT: MOTION PASSES [UNANIMOUS] Next: 4/19/2022 7:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Troutner 8.B Packet Pg. 42 DATE: April 19, 2022 TO: Kent City Council SUBJECT: Appointments to Kent's Human Services Commission - Confirm MOTION: I move to confirm the Mayor’s appointments of Gwen Allen- Carston, Brian Chandler and Erika Henry to three-year terms on the Human Services Commission that will begin on May 1, 2022 and end on April 30, 2025. SUMMARY: An extensive recruitment process was conducted and included promotion on the City's webpage and a recruitment announcement sent directly to existing commission members. Staff reviewed the candidate applications and interviews were facilitated via Teams. Staff believes the candidates’ perspectives and experiences would be an asset to the Human Services Commission and recommend the appointment. Erika Henry Erika has 17+ years of experience working with a diverse population of stakeholders. She is employed as a supervisor with Washington Department of Social and Health Services. Erika is a Kent resident and has a history of volunteer experience, including past work with homeless women and youth. Her interest in the Commission reflects her interest in becoming more involved directly in Kent and learning more about the nonprofits providing services to Kent residents. Brian Chandler: Brian is a Kent resident, a proud husband of 33 years, father of three and a border collie named Blue, and grandfather of three children and three grand-dogs. Brian has worked in sales in the Midwest, pastored for 13 years, operated and directed businesses from freight logistics to temporary labor companies. In this he sought to help people, to stand up for the misunderstood and to help others believe in themselves again. He has worked with men, women and children in homelessness since 1993 and has spent the last of those thirteen years with Seattle’s Union Gospel Mission, where he currently serves as the Director of Outreach. Brian has taken a special interest in serving his neighbors, his city, and those on the streets in Kent. Over the last ten years he has been giving what was once given to him in effort, a chance to succeed, and a strong belief that together we can make even a bigger impact in our City. 8.C Packet Pg. 43 Gwen Allen-Carston: Gwen was born and raised in Leesburg, Florida in 1952. Her parents, Edward and Mozella Allen, loved her and named her Gwendolyn Cynthia, and referred to her as their "symphony of love". She has lived and worked in many capacities in Washington state since 1972, when she left home, to come to Seattle. Kent has been her home since 2004. As a homeowner and business/salesperson, she has engaged in endeavors that all have been centered on service and advocacy for others, in one capacity or another. Some of them were: Member of Kent Chamber of Commerce and served on the board as Membership Chair; President of a BNI Network Chapter; President of Kent Lions Club; ran for City Council in Kent; owned and operated a business in Kent for 9 years, C&G Hair and Beauty Supply. Her most precious and humbling appointment and work has been serving as Executive Director of KENT BLACK ACTION COMMISSION since 2011. One of Gwen's greatest accomplishments is when she married Charles Carston in May of 2005! Along her life journey, Gwen has lived, as best she can, to help and serve others. Humbly, she looks forward to yet another opportunity to learn more about resources that will help and support our residents and citizens in Kent. SUPPORTS STRATEGIC PLAN GOAL: Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. 8.C Packet Pg. 44 DATE: April 19, 2022 TO: Kent City Council SUBJECT: Ordinance Amending Chapter 9.38 of the Kent City Code Related to Parking - Adopt MOTION: I move to adopt Ordinance No. 4428, amending Chapter 9.38 of the Kent City Code entitled “Parking,” to make clarifying revisions. SUMMARY: Chapter 9.38 of the Kent City Code (KCC), entitled “Parking”, is where Kent’s local provisions are located that identify those areas around the City where parking is not allowed, is time limited, or is otherwise regulated (e.g. parking permits). Currently, Chapter 9.38 KCC provides that vehicles parked in violation of the City’s ordinance may be ticketed and towed. Consistent with changes presented to Council at its March 15, 2022, Operations and Public Safety Committee, the City Attorney’s Office recommends that Chapter 9.38 KCC be amended to limit the use of tows to those situations where that remedial action is necessary in order to protect public health, safety, and welfare. Toward this end, the ordinance provides that if an officer exercises their discretion to have a vehicle towed, the officer will not contemporaneously issue a ticket for any law violation that relates solely to the manner in which the vehicle is parked or otherwise located. Tickets may still be issued for law violations unrelated to how or where the vehicle is located (running a red light, driving without insurance, etc.). Finally, this ordinance identifies the public works director or designee as the “public official having jurisdiction over public property” to take action as may be necessary to dispose of a junk vehicle left on City property or within City right of way. This authority has previously been inferred based on other provisions within the Kent City Code, but an express delegation for this purpose would be helpful for staff and the public. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. 8.D Packet Pg. 45 ATTACHMENTS: 1. Parking Penalties Ordinance - KCC 9.38 (PDF) 04/05/22 Operations and Public Safety Committee MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS] Next: 4/19/2022 7:00 PM MOVER: Brenda Fincher, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Troutner 8.D Packet Pg. 46 1 Amend KCC 9.38- Re: Parking ORDINANCE NO. 4428 AN ORDINANCE of the City Council of the City of Kent, Washington, amending chapter 9.38 of the Kent City Code entitled, “Parking” to clarify that vehicles that are towed and impounded under that chapter are to be authorized for remedial purposes and not to penalize the vehicle’s owner. RECITALS A. In the event vehicles are parked within public areas, police officers must evaluate and determine if it is necessary to have them towed because the vehicles either: present a hazard to the public who use roadways, block driveway access, or create other potential hazards. In making that determination, officers apply the provisions of Chapter 46.55 of the Revised Code of Washington (“RCW”), adopted through the Washington Model Traffic Ordinance in Chapter 308-330 of the Washington Administrative Code (“WAC”) and Kent City Code (“KCC”) section 9.36.010. Those provisions include a right for the vehicle’s registered owner, or others authorized under the law to redeem a towed vehicle,1 to request a non-jury hearing before the Kent Municipal Court, or to challenge the validity of the 1 Vehicles towed under Ch. 46.55 RCW may be redeemed by, among others: the registered owner; the legal owner; a person authorized in writing by the registered owner; the vehicle’s insurer or its authorized vendor; and a person who has purchased the vehicle and provides proof of ownership or written authorization and signs a receipt. See RCW 46.55.120(1). 8.D.a Packet Pg. 47 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 2 Amend KCC 9.38- Re: Parking tow or the impound and storage costs imposed by the tow company. See, KCC 9.36.010, WAC 308-330-406, and RCW 46.55.120. B. On April 5, 2022, the City Council approved Ordinance No. 4427, which amended Chapter 9.39 of the Kent City Code to clarify that an officer’s decision to tow a vehicle is remedial in nature and not intended to punish the driver or registered owner. Similarly, this ordinance amends Chapter 9.38 of the Kent City Code to make the same clarification that tows are to be used to remediate the public way of the hazard or obstruction created by unauthorized, abandoned, or junk vehicles, not to punish the registered owner. Costs associated with a vehicle’s tow and impoundment are not paid to or recovered by the City and are simply meant to allow a private tow company to recoup its costs in performing a public service. The state legislature has determined that the financial responsibility for these costs presumptively rests with the registered owner of the vehicle towed, as opposed to the public. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment KCC 9.38. Chapter 9.38 of the Kent City Code, entitled “Parking” is hereby amended as follows: Chapter 9.38 Parking Sec. 9.38.010. Findings. The Kent Traffic Code adopts by reference the Model Traffic Ordinance, set forth in Chapter 308-330 WAC. The Model Traffic Ordinance, pursuant to RCW 46.61.570, authorizes a municipality such as the city of Kent, by ordinance, to restrict parking and establish no 8.D.a Packet Pg. 48 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 3 Amend KCC 9.38- Re: Parking parking zones on city streets and other rights-of-way. The city council finds that it is necessary and appropriate, for public safety reasons, to adopt an ordinance establishing restricted parking and no parking zones on city streets and other rights-of-way within the city of Kent. Sec. 9.38.015. Vehicle impoundment. A. Remedial Action. In addition to those tows and impounds generally authorized under the law or the Model Traffic Ordinance adopted through KCC 9.36.010, a police officer may additionally authorize a vehicle towed in accordance with Ch. 9.39 KCC if the officer: (1) finds the vehicle is parked in violation of this chapter, (2) determines such remedial action is needed to preserve the public health, safety, and welfare, and (3) has first pursued reasonable alternatives before exercising their discretion to have the vehicle removed. An impound decision is not punitive. Accordingly, if a police officer elects to have a vehicle towed and impounded under Ch. 46.55 RCW, the police officer shall not also issue an infraction for any civil violation that relates solely to the manner in which the vehicle is parked, stopped, or otherwise located. This limitation, however, does not apply to any criminal charges or to any infractions issued for moving, licensing, registration, inspection, or insurance violations. B. Junk vehicles – Authority. For purposes of authorizing the removal of any junk vehicle located on public property or within the right of way in accordance with RCW 46.55.230, the City’s public works director or designee is deemed the public official having jurisdiction over such property within the city limits of Kent. Sec. 9.38.020. No Parking Zones. A. At such time as the traffic engineer shall place the appropriate sign or signs, it shall be illegal to park any motor vehicle or other vehicle, as those terms are defined in Chapter 46.04 RCW, at any time upon and on either 8.D.a Packet Pg. 49 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 4 Amend KCC 9.38- Re: Parking side of, unless otherwise indicated, the following roadways or portions thereof: 1. 1st Avenue North: from the intersection of West James Street to the north end of 1st Avenue North, east side only. 2. 1st Avenue North: from West James Street to West Smith Street, east side only. 3. 2nd Avenue North: from West Smith Street to West Harrison Street. 4. 2nd Avenue North: from South 228th Street to south end of street. 5. 4th Avenue North and South: from SR 516/West Willis Street to South 228th Street. 6. 5th Avenue North: from West James Street to north end of 5th Avenue North. 7. 6th Avenue North: from South 228th Street to south end of street. 8. 6th Avenue South: from West Meeker Street to West Gowe Street. 9. 26th Avenue South: both sides from South 272nd Street to 500 feet north of South 272nd Street and on 26th Avenue South from South 272nd Street to end of 26th Avenue South, east side only. 10. 27th Avenue South: from South 240th Street to end of 27th Avenue South. 11. 27th Place South: from South 259th Place north to South 256th Street. 12. 28th Avenue South: from South 240th Street to end of 28th Avenue South. 13. 30th Avenue South: from South 240th Street to Kent-Des Moines Road (SR 516). 14. 36th Place South: from South 272nd Street to 35th Lane South. 8.D.a Packet Pg. 50 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 5 Amend KCC 9.38- Re: Parking 15. 42nd Avenue South: from Reith Road to South 260th Street. 16. 43rd Avenue South: the cul-de-sac north of 42nd Place South and the attached spur road to the north. 17. 54th Avenue South: from South 228th Street to South 226th Street. 18. 58th Place South: from Russell Road to South 194th Street. 19. 58th Place South: from South 226th Street to south end of 58th Place South. 20. 62nd Avenue South: from South 190th Street to South 196th Street. 21. 64th Avenue South: from south end of road to South 212th Street. 22. 66th Avenue South: from South 196th Street to South 190th Street. 23. 72nd/70th Avenue South: from South 228th Street to South 180th Street (43rd Avenue South). 24. 72nd Avenue South: from South 262nd Street to South 277th Street. 25. 74th Avenue South: from South 259th Street to West Willis Street (SR 516). 26. 76th Avenue South: from South 228th Street to South 212th Street. 27. 77th Avenue South: from South 212th Street to north end of road. 28. 80th Avenue South: from South 180th Street (43rd Avenue South) to South 196th Street, and 80th Avenue South from South 200th Street to South 208th Street. 29. 80th Place South: from 80th Avenue South to 84th Avenue South. 8.D.a Packet Pg. 51 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 6 Amend KCC 9.38- Re: Parking 30. 81st Avenue South: from South 200th Street to South 196th Street. 31. 83rd Avenue South: from South 228th Street to South 224th Street. 32. 84th Avenue South/East Valley Highway/Central Avenue North/Central Avenue South: from South 180th Street (43rd Avenue South) to the Green River Bridge. 33. 88th Avenue South: from East James Street to South 218th Street. 34. 94th Avenue South: from Canyon Drive to South 240th Street. 35. 97th Place South: from Canyon Drive to 100th Avenue Southeast. 36. 100th Avenue Southeast: from Southeast 248th Street to Southeast 218th Street. 37. 101st Avenue Southeast: from Southeast 256th Street (SR 516) to Southeast 260th Street. 38. 102nd Avenue Southeast: from Southeast 240th Street to the north end of 102nd Avenue Southeast. 39. 104th Avenue Southeast (SR 515): from Southeast 272nd Street to north city limits. 40. 108th Avenue Southeast: from Southeast 281st Street to Kent- Kangley Road (SR 516). 41. 108th Avenue Southeast: from Southeast 244th Street to Southeast 236th Place. 42. 109th Avenue Southeast: from Southeast 256th Street to Southeast 248th Street. 43. 112th Avenue Southeast: from south end of 112th Avenue Southeast to Southeast 232nd Street. 44. 114th Avenue Southeast: from Kent-Kangley Road to south end of street. 8.D.a Packet Pg. 52 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 7 Amend KCC 9.38- Re: Parking 45. 116th Avenue Southeast: from Southeast 227th Place to Southeast 274th Way. 46. 116th Avenue Southeast: from Southeast 248th Street to Southeast 256th Street, west side only. 47. 117th Avenue Southeast: from Southeast 244th Street to end of street. 48. 118th Avenue Court Southeast: from Southeast 244th Street to the north end of street. 49. 119th Avenue Court Southeast: from Southeast 244th Street to the north end of street. 50. 119th Avenue SoutheastWay/119th120th Place Southeast: from Southeast 244th Street to Southeast 244th Street. 51. 120th Avenue Southeast: from the gate on Southeast 268th Street to Southeast 270th Street, north and east sides only. 52. 124th Avenue Southeast: from Southeast 248th Street to Southeast 282nd Street. 53. 128th Avenue Southeast: from Southeast 226th Place to Southeast 227th Street, west side only. 54. 128th Avenue Southeast/Southeast 227th Street: on the curve from 128th Avenue Southeast to Southeast 227th Street, northeast side only. 55. 128th Place Southeast: from Southeast 226th Place to Southeast 227th Street, east side only. 56. 129th Place Southeast: from 70 feet north of Southeast 225th Court to Southeast 225th Court, west side only. 57. 129th Place Southeast: from 120 feet south of Southeast 225th Court to Southeast 226th Place, east side only. 58. 129th Place Southeast: from Southeast 226th Place to 185 feet north of end of road, west side only. 8.D.a Packet Pg. 53 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 8 Amend KCC 9.38- Re: Parking 59. 132nd Avenue Southeast: from Southeast 236th Street to Southeast 288th Street. 60. 132nd Place Southeast: from Southeast 227th Street to Southeast 227th Place, east side only. 61. 133rd Place Southeast: from Southeast 226th Street to Southeast 227th Street, west side only. 62. 134th Place Southeast: from Southeast 224th Place to Southeast 225th Place, east side only. 63. 134th Place Southeast: from Southeast 227th Street to Southeast 227th Place, east side only. 64. 135th Avenue Southeast: from Southeast 252nd Street to Southeast 253rd Place, west side only. 65. 140th Avenue Southeast: from Southeast 256th Street to Southeast 260th Street. 66. 144th Avenue Southeast: from Kent-Kangley Road (SR 516) to Southeast 288th Street. 67. 148th Avenue Southeast: from Southeast 256th Street to Southeast 240th Street. 68. 148th Avenue Southeast/152nd Way Southeast: from north city boat ramp to Kent-Kangley Road (SR 516). 69. 152nd Avenue Southeast/152nd Way Southeast: from Kent- Kangley Road (SR 516) to SR 18. 70. Alder Lane/South 262nd Street: from Central Avenue South to 500 feet east of Central Avenue South. 71. Cambridge Way: 200 feet south of South 262nd Street, west side only. 72. East Canyon Drive: from Hazel Avenue North to 101st Avenue Southeast. 73. East Gowe Street/West Gowe Street: from Railroad Avenue South to 1st Avenue South. 8.D.a Packet Pg. 54 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 9 Amend KCC 9.38- Re: Parking 74. East Gowe Street: from Railroad Avenue South to Central Avenue South, south side only, and from Central Avenue South to Kennebeck Avenue South. 75. East Harrison Street: from 140 feet west of 4th Avenue North to 4th Avenue North, south side only. 76. East Meeker Street/West Meeker Street: from Railroad Avenue South to 1st Avenue South. 77. East Pioneer Street: from 170 feet east of Central Avenue to State Avenue, south side only, and from Central Avenue South to 200 feet east of Central Avenue, north side only. 78. East Pioneer Street: from Railroad Avenue North to Central Avenue North. 79. East Titus Street: from 3rd Avenue South to 4th Avenue South, north side only; police vehicle parking only. 80. East Titus Street: from West Gowe Street to Reiten Road South, southeast side only. 81. East Titus Street/West Titus Street: from Railroad Avenue South to 1st Avenue South. 82. East Titus Street: from East Smith Street to Reiten Road South. 83. Frager Road South: from West Meeker Street to South 204th Street. 84. Green River Road: from the north city limits to a point 600 feet southerly of the north city limits. 85. Green River Road: from a point 700 feet southerly of the north city limits to a point 830 feet southerly of the north city limits, west side only. 86. Green River Road: from a point 790 feet southerly of the north city limits to a point 885 feet southerly of the north city limits, east side only. 8.D.a Packet Pg. 55 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 10 Amend KCC 9.38- Re: Parking 87. Green River Road: from a point 770 feet northerly of the south city limits to a point 200 feet northerly of the south city limits, west side only. 88. Green River Road: from a point 775 feet northerly of the south city limits to the south city limits, east side only. 89. Green River Road: from a point 50 feet northerly of the south city limits to the south city limits, west side only. 90. Interurban Trail Street: from Meeker Street to Smith Street. 91. Kennebeck Avenue South: from East Smith Street to East Ward Street. 92. Lake Fenwick Road: from South Reith Road to South 272nd Street. 93. Lakeside Boulevard East: from South 240th Street to South 228th Street. 94. Lakeside Boulevard West: from Lakeside Boulevard East to South 228th Street. 95. Landing Way: from 64th Avenue South to West Valley Highway. 96. Lincoln Avenue North: from West Meeker Street to West James Street. 97. Maple Street South: from Woodland Way South to Garfield Avenue South, south side only. 98. Military Road South/36th Avenue South/Military Road South: from South 228th Street to South 272nd Street. 99. Novak Lane: from Central Avenue to west end of street. 100. Ramsay Way: from 4th Avenue North to 230 feet east of 4th Avenue North. 101. Ramsay Way: from 350 feet east of 4th Avenue North to 440 feet east of 4th Avenue North, south side only. 102. Ramsay Way: from 350 feet east of 4th Avenue North to 480 feet east of 4th Avenue North, north side only. 8.D.a Packet Pg. 56 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 11 Amend KCC 9.38- Re: Parking 103. Ramsay Way: from 520 feet east of 4th Avenue North to 150 feet north of West Temperance Street. 104. Ramsay Way: from West Temperance Street to West Smith Street. 105. Riverview Boulevard: from South 216th Street to South 232nd Street. 106. Russell Road South: from end of street at Green River Trail to West James Street. 107. Russell Road South: from South 228th Street to South 212th Street. 108. South 188th Street: from West Valley Highway (SR 181) to 72nd Avenue South, and South 188th Street from a point 960 feet west of 80th Avenue South westerly to the end of the street at the BNSF Railway Company tracks. 109. South 190th Street: from West Valley Highway to 72nd Avenue South. 110. South 192nd Street: from the west end of the road to 84th Avenue South. 111. South 194th Street: from 58th Place South to 66th Avenue South. 112. South 194th Street: from 84th Avenue South to west end of street at BNSF Railway Company tracks. 113. South 196th Street/Russell Road/South 200th Street: from 84th Avenue South to the Green River. 114. South 200th Street: from 80th Avenue South to 84th Avenue South. 115. South 202nd Street: from 80th Avenue South to west end of street at BNSF Railway Company tracks. 116. South 204th Street: from West Valley Highway (SR 181) to 72nd Avenue South. 8.D.a Packet Pg. 57 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 12 Amend KCC 9.38- Re: Parking 117. South 206th Street: from 72nd Avenue South to 77th Avenue South. 118. South 208th Street: from 80th Avenue South to west end of street at BNSF Railway Company tracks. 119. South 208th Street: from 84th Avenue South to 96th Avenue South. 120. South 212th Street: from west city limits to east city limits. 121. South 216th Street: from 64th Avenue South to 72nd Avenue South. 122. South 216th Street: from 84th Avenue South to the west end at BNSF Railway Company tracks. 123. South 218th Street: from 84th Avenue South to SR 167. 124. South 220th Street: from West Valley Highway (SR 181) to 72nd Avenue South. 125. South 222nd Street: from west end at BNSF Railway Company tracks to SR 167. 126. South 224th Street: from 83rd Avenue South to east end of road. 127. South 226th Street: from 54th Avenue South to 64th Avenue South. 128. South 228th Street: from Russell Road South to 83rd Avenue South. 129. South 231st Way: from Military Road South to Russell Road South. 130. South 234th Street: from West Valley Highway to east end of street. 131. South 236th Street: from Lakeside Boulevard East to 64th Avenue South. 132. South 240th Street: from 27th Avenue South to I-5. 8.D.a Packet Pg. 58 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 13 Amend KCC 9.38- Re: Parking 133. South 252nd Street: from Canyon Drive (SR 516) to east end of road. 134. South 256th Street: from 27th Place South east to the traffic control gate. 135. South 259th Street: from 74th Avenue South to east city limits. 136. South 260th Street/South 259th Place/Reith Road: from SR 99 (Pacific Highway South) to Kent-Des Moines Road (SR 516). 137. South 268th Street: from Military Road South to Princeton Avenue South. 138. South 272nd Street: from Lake Fenwick Road South to 42nd Avenue South, north side only. 139. South 277th Street and Southeast 274th Way: from 700 feet east of L Street NE to 116th Avenue Southeast. 140. South Central Place: from South 266th Street to the end of South Central Place. 141. Southeast 211th Street: from 160 feet east of 127th Place Southeast to end of street, north side only. 142. Southeast 224th Place: from 133rd Avenue Southeast to 134th Place Southeast, south side only. 143. Southeast 225th Court: from 60 feet south of end of road to 129th Place Southeast, southwest side only. 144. Southeast 225th Place: from 132nd Place Southeast to 133rd Avenue Southeast, north side only. 145. Southeast 226th Place: from 130 feet east of 127th Avenue Southeast to 128th Avenue Southeast, south side only. 146. Southeast 226th Place: from 128th Avenue Southeast to 129th Place Southeast, north side only. 147. Southeast 227th Street: from 128th Avenue Southeast to 128th Place Southeast, south side only. 8.D.a Packet Pg. 59 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 14 Amend KCC 9.38- Re: Parking 148. Southeast 227th Street/128th Place Southeast: on the curve from Southeast 227th Street to 128th Place Southeast, northwest side only. 149. Southeast 227th Street: from 132nd Place Southeast to 134th Place Southeast, south side only. 150. Southeast 236th Street: from 104th Avenue Southeast (SR 515) to 108th Avenue Southeast, south side only. 151. Southeast 239th Street: from 102nd Avenue Southeast to 104th Avenue Southeast. 152. Southeast 244th Street: from 120th Avenue Southeast to 116th Avenue Southeast. 153. Southeast 248th Street: from 104th Avenue Southeast to 116th Avenue Southeast, south side only. 154. Southeast 248th Street: in front of George Daniels Elementary School. 155. Southeast 252nd Street: from 200 feet west of 133rd Place Southeast to 135th Avenue Southeast, north side only. 156. Southeast 253rd Place: from 90 feet west of 135th Avenue Southeast to 136th Avenue East, south side only. 157. Southeast 256th Street: from 101st Avenue Southeast to 148th Avenue Southeast. 158. Southeast 260th Street: from 100th Avenue Southeast/97th Place South to 108th Avenue Southeast. 159. Southeast 264th Street: from 124th Avenue Southeast to 127th Avenue Southeast, north side only. 160. Southeast 267th Street: from 102nd Avenue Southeast to 104th Avenue Southeast, north side only. 161. Southeast 282nd Street: from 132nd Avenue Southeast to 144th Avenue Southeast. 162. SR 99 (Pacific Highway South): from Kent-Des Moines Road (SR 516) to South 272nd Street. 8.D.a Packet Pg. 60 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 15 Amend KCC 9.38- Re: Parking 163. West Cloudy Street: from 4th Avenue North to 5th Avenue North. 164. West Gowe Street: from 6th Avenue South to 300 feet east of 6th Avenue South. 165. West James Street/East James Street/South 240th Street/Southeast 240th Street: from Russell Road to 148th Avenue Southeast. 166. West Meeker Street: from Kent-Des Moines Road (SR 516) to 6th Avenue South. 167. West Saar Street: from west end of street to 4th Avenue South, south side only. 168. West Sam Street: from West Valley Highway (SR 181/Washington Avenue) to end of street. 169. West Smith Street/East Smith Street: from 64th Avenue South to Jason Avenue South. 170. West Temperance Street: from Ramsay Way to 1st Avenue North. 171. West Valley Highway South/Washington Avenue South/Washington Avenue North/68th Avenue South: from south city limits to north city limits. 172. West Willis Street/East Willis Street: from 4th Avenue South to Central Avenue South. 173. Woodland Way South: from East Maple Street to South 262nd Street. B. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of $50.00. Vehicles parked in violation of this section are subject to impoundment as provided by law. 8.D.a Packet Pg. 61 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 16 Amend KCC 9.38- Re: Parking Sec. 9.38.025. Loading zones and passenger loading zones. A. As authorized pursuant to WAC 308-330-265, 308-330-439, and 308- 330-442, the traffic engineer shall have the authority to establish loading zones and passenger loading zones at such locations and during said times as posted by the traffic engineer. Except to load and unload vehicles, it shall be illegal to park any motor vehicle or other vehicle at any time upon that portion of the road right-of-way established as a loading zone or passenger loading zone as posted by the traffic engineer, unless otherwise indicated. B. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of fifty dollars ($50). Vehicles parked in violation of this section are subject to impoundment as provided by law. Sec. 9.38.030. Parking in fire lanes – Penalty. A. Parking prohibited. Except when necessary to temporarily avoid conflict with other moving traffic or in compliance with the direction of a police officer, fire official, traffic control sign, signal, or device, no person shall: 1. Stop, stand, or park a vehicle, whether occupied or not, within any fire lane except: a. Momentarily to pick up or discharge a passenger or passengers; or b. Temporarily for the purpose of and while actually engaged in loading or unloading property. 2. Allow continued violations of this section on private property which they own or manage. B. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of fifty dollars ($50). Vehicles 8.D.a Packet Pg. 62 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 17 Amend KCC 9.38- Re: Parking parked in violation of this section are subject to impoundment as provided by law. Sec. 9.38.035. Electric vehicle parking space – Penalty. A. No person shall park any nonelectric vehicle in a parking space designated as an electric vehicle parking space. B. No person shall park an electric vehicle in an electric vehicle parking space if the vehicle is not connected to charging equipment. C. No person shall park an electric vehicle in an electric vehicle parking space for longer than the posted time. D. It is a violation of this chapter for any person to stop, stand, or park an electric vehicle in an electric vehicle parking space which requires a fee for charging without paying the posted fee. E. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of $50. Vehicles parked in violation of this section are subject to impoundment as provided by law. Sec. 9.38.040. Arterial and highway parking prohibited. A. Parking is prohibited on four (4) lane highways or arterials unless otherwise designated by sign or posting. B. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of fifty dollars ($50). Vehicles parked in violation of this section are subject to impoundment as provided by law. 8.D.a Packet Pg. 63 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 18 Amend KCC 9.38- Re: Parking Sec. 9.38.045. Parking prohibited from 10:00 p.m. to 6:00 a.m. A. At such time as the traffic engineer shall place the appropriate sign, it shall be illegal to park any motor or other vehicle between the hours of 10:00 p.m. and 6:00 a.m., unless otherwise indicated, at the following locations: 1. Green River Road: from a point 600 feet southerly of the north city limits to a point 700 feet southerly of the north city limits, west side only. 2. Green River Road: from a point 600 feet southerly of the north city limits to a point 790 feet southerly of the north city limits, east side only. 3. Green River Road: from a point 955 feet northerly of the south city limits to a point 770 feet northerly of the south city limits, west side only. 4. Green River Road: from a point 915 feet northerly of the south city limits to a point 775 feet northerly of the south city limits, east side only. 5. Green River Road: from a point 200 feet northerly of the south city limits to a point 50 feet northerly of the south city limits, west side only. 6. South 203rd Street: from 100th Avenue SE westerly approximately 600 feet to the westerly boundary of Chestnut Ridge Park. 7. SE 276th Place: from the easterly boundary of Springwood Park westerly approximately 425 feet to the westerly boundary of Springwood Park, north side. B. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of $50.00. Vehicles parked in violation of this section are subject to impoundment as provided by law. 8.D.a Packet Pg. 64 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 19 Amend KCC 9.38- Re: Parking Sec. 9.38.050. Parking prohibited from 4:00 a.m. to 7:00 a.m. A. At such time as the traffic engineer shall place the appropriate sign, it shall be illegal to park any motor or other vehicle between the hours of 4:00 a.m. and 7:00 a.m., except Sundays and holidays, on either side of, unless otherwise indicated, the following locations: 1. Meeker Street: from Fourth Avenue to State Avenue. 2. Gowe Street: from Meeker Street to State Avenue. 3. Titus Street: from Fourth Avenue to Central Avenue. 4. First Avenue: from Smith Street to Titus Street. 5. Second Avenue: from Harrison Street to Saar Street. 6. Railroad Avenue: from James Street to Titus Street. 7. State Avenue: from Smith Street to Gowe Street. 8. First Avenue: from James Street to Smith Street. B. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of $50. Vehicles parked in violation of this section are subject to impoundment as provided by law. Sec. 9.38.055. Parking in City Hall parking lot and Centennial Center parking garage. Except as provided for under KCC 9.38.070 and 9.38.170, it is illegal to park a vehicle in the parking lot between City Hall and the Centennial Center, or within the Centennial Center parking garage, in violation of this section. A. No general public parking during business hours. Monday through Friday, between the hours of 9:00 a.m. and 6:00 p.m., the parking lot between City Hall and the Centennial Center, and the first floor of the Centennial Center parking garage, are reserved for use by individuals who visit the City Hall campus to attend a city-sponsored event at City Hall, the Centennial Center, or the Kent police department; to conduct business at City Hall, the Centennial Center, or the Kent police department; or to 8.D.a Packet Pg. 65 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 20 Amend KCC 9.38- Re: Parking otherwise make use of the amenities or services offered at City Hall, the Centennial Center, or the Kent police department. Such visitors may park within the City Hall parking lot, or within those spaces on the first floor of the Centennial Center parking garage that are marked or otherwise designated as available for use by visitors, and as limited in time or otherwise restricted by this chapter and official signs or markings. During such business hours, these parking facilities are not otherwise open for use by the general public. Visitors may not park vehicles in any parking space that is marked or otherwise designated for use by city employees or reserved for city vehicles. B. Reserved parking. The second and third floors of the Centennial Center parking garage, including the ramps leading to and from each floor, are reserved exclusively for use by authorized city employees or to park city vehicles as determined appropriate by the mayor or designee. These parking facilities are not otherwise open for use by the general public or visitors to the City Hall campus. C. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of $50. Vehicles parked in violation of this section may be towed and impounded as provided by law. Sec. 9.38.060. Two-hour parking zones. A. Two-hour parking limit. Except as provided for under KCC 9.38.070 and 9.38.170, at such times as the director of public works or designee shall place the appropriate sign, or the facilities superintendent for municipal parking facilities, it shall be illegal to park any motor or other vehicle for an uninterrupted period in excess of two hours between the hours of 9:00 a.m. and 6:00 p.m. on either side of, unless otherwise indicated, the following streets, parking lots, parking garages, or portions thereof: 8.D.a Packet Pg. 66 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 21 Amend KCC 9.38- Re: Parking 1. Centennial Parking Garage: that portion of the first floor as posted or otherwise marked. A vehicle that displays a valid disabled parking placard or disabled license plate is exempt from the two-hour limitation. 2. City Hall parking lot between City Hall and the Centennial Building: all parking stalls unless otherwise posted or marked. A vehicle that displays a valid disabled parking placard or disabled license plate is exempt from the two-hour limitation. 3. Clark Avenue North: from East Smith Street to East Temperance Street, west side only. 4. East Pioneer Street: from Central Avenue North easterly approximately 150 feet to the alley east of Central Avenue North, south side only. 5. First Avenue North and First Avenue South: from a point 200 feet north of West Meeker Street to West Titus Street. 6. Railroad Avenue North and Railroad Avenue South: from East James Street to East Smith Street, east side only; and from East Smith Street to East Gowe Street. 7. Ramsay Way: from 230 feet east of 4th Avenue North to 350 feet east of 4th Avenue North. 8. Ramsay Way: from 440 feet east of 4th Avenue North to 520 feet east of 4th Avenue North, south side only. 9. Ramsay Way: from 480 feet east of 4th Avenue North to 520 feet east of 4th Avenue North, north side only. 10. Ramsay Way: from 30 feet north of West Temperance Street to 150 feet north of West Temperance Street. 11. Second Avenue North and Second Avenue South: from West Harrison Street to West Titus Street. 12. State Avenue North and State Avenue South: from East Smith Street to East Gowe Street. 8.D.a Packet Pg. 67 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 22 Amend KCC 9.38- Re: Parking 13. West Gowe Street and East Gowe Street: from Fourth Avenue South to Central Avenue South. 14. West Meeker Street and East Meeker Street: from Fourth Avenue to State Avenue. 15. West Harrison Street: from Fourth Avenue North to Second Avenue North. 16. West Titus Street: from Second Avenue South to First Avenue South, north side only. Provided, that this section shall not apply on Sundays or holidays. B. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of $30. Vehicles parked in violation of this section may be towed and impounded as provided by law. Sec. 9.38.065. Four-hour parking zones. A. Four-hour parking limit – During business hours. Except as provided for under KCC 9.38.070 and 9.38.170, at such times as the director of public works or designee shall place the appropriate sign, it shall be illegal to park any motor or other vehicle for an uninterrupted period in excess of four hours between the hours of 9:00 a.m. and 6:00 p.m. on either side of, unless otherwise indicated, the following streets, public parking lots, public parking garages, or portions thereof: 1. East George Street: from Central Avenue North to State Avenue North. 2. State Avenue North: from 175 feet south of East George street to north end of road, west side only. 3. Railroad Avenue North and Railroad Avenue South: from East Smith Street to East Gowe Street. Provided, that this section shall not apply on Sundays or holidays. 8.D.a Packet Pg. 68 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 23 Amend KCC 9.38- Re: Parking B. Four-hour parking limit – At all times. Except as provided for under KCC 9.38.070 and 9.38.170, at such times as the director of public works or designee shall place the appropriate sign, it shall be illegal to park any motor or other vehicle for an uninterrupted period in excess of four hours at any time on either side of, unless otherwise indicated, the following streets, public parking lots, public parking garages, or portions thereof: 1. West Smith Street: from 64th Avenue South to Washington Avenue. C. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of $30. Vehicles parked in violation of this section may be towed or impounded as provided by law. Sec. 9.38.070. Holiday parking – Penalty. A. From the day after Thanksgiving until January 2nd of the following year, all two (2) hour parking zones shall be considered three (3) hour parking zones, and it shall be illegal to park any motor or other vehicle for an uninterrupted period in excess of three (3) hours between the hours of 9:00 a.m. and 6:00 p.m. on the roadways designated in KCC 9.38.060 as two (2) hour parking zones. There shall be no enforcement of limited duration parking restrictions, in those zones designated for two (2) hour parking, on Saturdays during the period from the day after Thanksgiving until January 2nd of the following year. B. A violation of this section shall be an infraction and punishable by a monetary penalty of fifty dollars ($50). Vehicles parked in violation of this section are subject to impoundment as provided by law. 8.D.a Packet Pg. 69 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 24 Amend KCC 9.38- Re: Parking Sec. 9.38.080. Thirty (30) minute parking zones. A. At such times as the traffic engineer shall place the appropriate sign, it shall be illegal to park any motor or other vehicle for an uninterrupted period in excess of thirty (30) minutes, between the hours of 9:00 a.m. and 6:00 p.m., unless otherwise indicated, at the following locations: 1. First Avenue: The first stall north of Meeker Street on the west side of First Avenue. 2. First Avenue: The first stall south of Meeker Street on the west side of First Avenue. 3. Second Avenue: The first stall south of Meeker Street on the east side of Second Avenue. 4. Second Avenue: The first stall south of Meeker Street on the west side of Second Avenue. 5. Gowe Street: The first stall east of Railroad Avenue on Gowe Street, north side. 6. Fourth Avenue: The stalls north of Titus Street on the east side of Fourth Avenue. 7. Centennial Building: The first four (4) stalls on the east side of the building as posted. B. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of fifty dollars ($50). Vehicles parked in violation of this section are subject to impoundment as provided by law. Sec. 9.38.085. Seasonal no parking zone – Lake Meridian. A. At such times as the traffic engineer shall place the appropriate sign, it shall be illegal to park any motor vehicle, or other vehicle or trailer, for 8.D.a Packet Pg. 70 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 25 Amend KCC 9.38- Re: Parking the period of May 15th through September 15th of each year, between the hours of 12:00 p.m. and 8:00 p.m., at the following locations: 1. 150th Place S.E.: from S.E. 272nd Street to the end of the road. 2. 270th Place: from 150th Place S.E. to the end of the road. 3. 271st Place: from 150th Place S.E. to the end of the road. B. A violation of this section shall be an infraction and shall be punishable by a monetary penalty of fifty dollars ($50). Vehicles parked in violation of this section are subject to impoundment as provided by law. Sec. 9.38.090. Parking reserved for physically disabled, penalty. - Repealed Sec. 9.38.095. Re-parking in same block to avoid citation. A. It shall be an infraction for any person to move and re-park a vehicle from one (1) parking space within a parking time limit area to another parking space within a parking time limit area that is within one (1) block of the original parking space. B. It shall be an infraction for any person to move and re-park a vehicle parked in a parking lot with a parking time limit to another space within the same parking lot with a parking time limit. C. For the purposes of this section, a “block” is a city street, roadway, highway, or alley section located between consecutive intersections. D. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of fifty dollars ($50). Sec. 9.38.100. Compliance with state law. The traffic engineer is directed to obtain from the State Department of Transportation approval and ratification of any no-parking zone where required by RCW 47.24.020. 8.D.a Packet Pg. 71 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 26 Amend KCC 9.38- Re: Parking Sec. 9.38.110. Parking prohibited within ten (10) feet of mailboxes – Penalty. A. No motor vehicle shall be parked within ten (10) feet of a clearly visible, residential mailbox which is located directly adjacent to curbside or on a public right-of-way between the hours of 8:00 a.m. and 6:00 p.m., except Sundays and holidays. B. Any violation of this section shall be an infraction and punishable by a monetary penalty of fifty dollars ($50). Vehicles parked in violation of this section are subject to impoundment as provided by law. Sec. 9.38.120. Parking and storage of large vehicles on city streets – Finding. A. The city council finds that the parking and storage of trucks, vans, tractor trailers, semi-trailers, and other vehicles, with a maximum gross vehicle weight rating that exceeds 14,001 pounds, present unacceptable risks and hazards to public health, safety, and welfare when such vehicles are parked or stored on city streets at times when such vehicles are not engaged in activity. B. The city council also recognizes that under some circumstances, it may benefit the public health, safety, and welfare to park the above described vehicles on certain city streets, and that there should be a mechanism to permit the chief of police to suspend the enforcement of parking restrictions relating to those vehicles to allow those vehicles to park on city streets temporarily and during certain time frames. 8.D.a Packet Pg. 72 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 27 Amend KCC 9.38- Re: Parking Sec. 9.38.130. Parking and storage of large vehicles on city streets – Penalty and exemptions. A. Parking prohibited. No vehicle, including a truck, van, trailer, or semi- trailer, whether licensed or unlicensed, with a maximum gross vehicle weight rating that exceeds 14,001 pounds may be stored or parked upon any city street. B. Exemptions. The parking limitation provided in this section shall not apply to the following: 1. A vehicle that is being actively loaded or unloaded. 2. A vehicle that is being used for the exclusive purpose of providing active construction or other hired services to a property at that location, including construction, carpentry, plumbing, landscaping, and moving services. 3. Recreational vehicles whose parking is regulated under KCC 9.38.145. 4. City of Kent or other government vehicles, public utility vehicles, or emergency vehicles. C. Penalty and impoundment. Any violation of this section shall be an infraction and punishable by a monetary penalty of $250. Vehicles parked in violation of this section are subject to impoundment as provided by law. D. Authority to suspend enforcement. The chief of police shall have the authority to suspend the enforcement of this section in the event he or she, in his or her discretion, determines that suspension of enforcement will benefit the public health, safety, and welfare. Any suspension of enforcement of this section shall be in writing delivered to the office of the mayor and shall specify the times and dates in which the suspension shall be effective. The suspension of enforcement shall also suspend the enforcement of KCC 9.38.180(A)(15), (B)(6), and (C)(2), as well as 8.D.a Packet Pg. 73 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 28 Amend KCC 9.38- Re: Parking applicable sections of KCC 9.38.020. Any truck, vehicle, van, trailer, or semi- trailer parked in accordance with the terms of the suspension of enforcement shall be parked in compliance with applicable requirements of the Revised Code of Washington and the Washington Administrative Code. Sec. 9.38.140. Parking of certain trailers or semi-trailers – Penalty. A. Except as provided in KCC 9.38.130, no trailer or semi-trailer shall be parked upon any city street unless the trailer or semi-trailer is attached to a vehicle by which it may be propelled or drawn. In case of accident, such trailer or semi-trailer may be moved to the side of the street, and if a good and sufficient red signal is displayed at both ends of the trailer or semi- trailer during the hours of darkness, such trailer or semi-trailer may be permitted or allowed to remain for a period not exceeding twenty-four (24) hours pending removal except that such trailer or semi-trailer shall not remain upon any portion of a city street where standing or parking is limited or prohibited for a period longer than is necessary to effect its removal. B. Any violation of this section shall be an infraction and punishable by a monetary penalty of two hundred fifty dollars ($250). Vehicles parked in violation of this section are subject to impoundment as provided by law. C. The chief of police shall have the authority to suspend the enforcement of this section in the event he or she, in his or her discretion, determines that suspension of enforcement will benefit the public health, safety, and welfare. Any suspension of enforcement of this section shall be in writing delivered to the office of the mayor and shall specify the times and dates in which the suspension shall be effective. The suspension of enforcement shall also suspend the enforcement of KCC 9.38.180(A)(15), (B)(6), and (C)(2), as well as applicable sections of KCC 9.38.020. Any trailer or semi-trailer parked in accordance with the terms of the suspension 8.D.a Packet Pg. 74 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 29 Amend KCC 9.38- Re: Parking of enforcement shall be parked in compliance with applicable requirements of the Revised Code of Washington and the Washington Administrative Code. Sec. 9.38.145. Parking of recreational vehicles, boats or vessels, and trailers. A. No person shall park any recreational vehicle, boat or vessel, or trailer on any street, highway, roadway, alley, or public right-of-way in any residential neighborhood in the city for more than twenty-four (24) hours. For purposes of this section, the following terms shall have the following prescribed meanings: 1. Recreational vehicle shall be as defined in KCC 8.09.030(G). 2. Boat or vessel shall mean every description of watercraft used or capable of being used as a means of transportation on the water. 3. Trailer shall mean every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a hitch or other connector, and ordinarily used for transporting items upon public streets and highways. B. Any violation of this section shall be an infraction and punishable by a monetary penalty of fifty dollars ($50). Vehicles parked in violation of this section are subject to impoundment as provided by law. Sec. 9.38.150. Parking an unlicensed vehicle or a vehicle with switched license plates or tabs – Penalty. A. No person shall stop, stand, or park a vehicle, on a street, highway, roadway, alley, or public property unless the vehicle possesses a license plate and license tab registration that is proper and current for that vehicle. Such license plate and tab registration shall be properly mounted on the vehicle in accordance with the State Department of Licensing rules and regulations. 8.D.a Packet Pg. 75 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 30 Amend KCC 9.38- Re: Parking B. Any violation of this section shall be an infraction and punishable by a monetary penalty of fifty dollars ($50). Vehicles parked in violation of this section are subject to impoundment as provided by law. Sec. 9.38.160. Municipal parking facilities regulated – Penalty. A. Municipal parking facilities – Definition. Municipal parking facilities means the adjacent parking lot or parking garage that serves the following municipal facilities: Kent City Hall, the Centennial Center, Kent Municipal Court, Kent Corrections Facility, Kent Commons, Riverbend Golf Complex, Kent Senior Center, the parks department’s maintenance shop facility, the public works department’s operations shop facility, and all parks or recreation facilities owned or operated by the city. B. Municipal parking facilities – Reserved exclusively for users of municipal facility. Except as otherwise provided by KCC 9.38.055, those parking lots or parking garages that are connected or adjacent to a municipal facility are reserved exclusively for use by individuals who are visiting the municipal facility during its regular hours of operation to attend a city- sponsored event, to conduct business with the city, or to otherwise make use of the amenities or services offered by the municipal facility. Such visitors may park within those spaces that are marked or otherwise designated as available for use by visitors, and as limited in time or otherwise restricted by the mayor or designee through official signs or markings. During a municipal facility’s regular hours of operation, its parking lot is not otherwise open for use by the general public. Visitors may not park vehicles in any parking space within the municipal parking facility that is marked or otherwise designated for use by city employees, for city vehicles, or for other reserved uses or vehicles. It is illegal for a vehicle to be parked in violation of this section. 8.D.a Packet Pg. 76 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 31 Amend KCC 9.38- Re: Parking C. Public parking facilities. A public parking lot is available for general use by the public in downtown Kent, which is located adjacent to Titus Street and between Second Avenue and First Avenue, as limited in time or otherwise restricted by official signs or markings. D. Penalty. Any violation of this section shall be an infraction and punishable by a monetary penalty of $50. Vehicles parked in violation of this section may be towed and impounded as provided by law. Sec. 9.38.170. Parking permits and passes or exemptions. A. Authority to create and issue – Mayor or designee. The mayor or designee may designate, assign, restrict, and authorize parking within all municipal parking facilities. This authority specifically includes the ability to regulate parking through the issuance of parking permits or parking passes that either authorize the bearer to park in a particular place or area, or exempt the bearer from some or all of the parking limitations imposed by this chapter, including the time limitations imposed under KCC 9.38.060 and 9.38.065. B. Form of permits and passes. Permits or passes may be in any form the mayor or designee determines to be appropriate and conspicuous. Such permits or passes should contain a rendition of the city’s corporate seal or official logo, the signature of the issuer, or some other means of authentication to identify the bearer as a person who is authorized to park in the applicable location, or as a person who is exempt from one or more of the parking restrictions established under this chapter, excluding disabled parking stalls. For any permit or pass to be valid, it must be displayed at all times while the vehicle is parked within the applicable location. If the permit or pass is not displayed, any permission or exemption the permit or pass conveys is ineffective and no infraction shall be dismissed on such basis. 8.D.a Packet Pg. 77 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 32 Amend KCC 9.38- Re: Parking C. Exception to permit or pass requirement – Police or government vehicles. Marked police vehicles and other police or government vehicles displaying exempt license plates are exempt from the parking and time restrictions imposed by KCC 9.38.060, 9.38.065, and 9.38.160, without the necessity of a permit or pass. D. Residential parking zone manager. The residential parking zone manager, appointed pursuant to KCC 9.38.175(C), is authorized to issue temporary parking permits for the personal and business vehicles of city contractors, subcontractors, and their employees for use only while engaged in city contract work that requires such persons to be present in residential parking zones. E. Human resources department – Commute trip reduction program. The city’s director of human resources or designee may recommend the mayor or designee issue carpool parking permits under the city’s commute trip reduction program, which entitle the bearer to park a vehicle within designated carpool spaces on the first floor of the Centennial Center parking garage, which spaces are exempt from any time limitation otherwise imposed. Sec. 9.38.175. Residential parking zone. A. Purpose of residential parking zone. The city establishes this residential parking zone (RPZ) program in response to parking concerns expressed by residents of the neighborhood surrounding destinations that are expected to generate significant demand for offsite parking in those neighborhoods, and as required to mitigate parking impacts of those destinations. This RPZ program will reserve parking on the surface streets in the RPZs established herein for neighborhood owners, residents, and their visitors, who might otherwise be displaced by visitors to these destinations. 8.D.a Packet Pg. 78 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 33 Amend KCC 9.38- Re: Parking B. Residential parking zones established. 1. The following described area, also known as the North Park Neighborhood, is established as Kent RPZ No. 1: That area bounded on the west by Fifth Avenue North, to the south by West James Street, to the north by State Route 167, and to the east by the Burlington Northern main line (First Avenue North). Residential parking zone permits are required at all times to park in Kent RPZ No. 1. 2. The following roadways or portions thereof, within the area known as the Mill Creek Neighborhood, are established as Kent RPZ No. 2: a. Cedar Street: from Clark Avenue North to Jason Avenue North. b. Clark Avenue North: from 150 feet north of East Smith Street to East Temperance Street, east side only. c. Clark Avenue North: from East Temperance Street to East James Street. d. East George Street: from State Avenue North to Woodford Avenue North. e. East Temperance Street: from Kennebeck Avenue North to Jason Avenue North. f. Jason Avenue North: from East Smith Street to East James Street. g. Kennebeck Avenue North: from East Temperance Street to north end of road. h. State Avenue North: from East James Street to 175 feet south of East George Street. i. State Avenue North: 175 feet south of East George Street to north end of road, east side only. j. Woodford Avenue North: from East James Street to north end of road. 8.D.a Packet Pg. 79 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 34 Amend KCC 9.38- Re: Parking Residential parking zone permits are required to park between 8:00 a.m. and 5:00 p.m. on weekdays in Kent RPZ No. 2. 3. The following roadways or portions thereof, within portions of Glencarin Division 1, Shadow Run, and Jason Lane are established as Kent RPZ No. 3: a. 124th Avenue Southeast: from Southeast 208th Street to Southeast 211th Street. b. 125th Avenue Southeast: from Southeast 209th Street to north end of road. c. 125th Avenue Southeast: from Southeast 209th Street to Southeast 211th Street. d. 126th Avenue Southeast: from Southeast 208th Street to Southeast 211th Street. e. 127th Place Southeast: from Southeast 208th Street to Southeast 211th Street. f. Southeast 208th Place: from 126th Avenue Southeast to end of road. g. Southeast 209th Street: from 170 feet west of 124th Avenue Southeast to 125th Avenue Southeast. h. Southeast 209th Court: from 126th Avenue Southeast to end of road. i. Southeast 210th Court: from 126th Avenue Southeast to end of road. j. Southeast 210th Court: from 127th Place Southeast to end of road. k. Southeast 210th Place: from 124th Avenue Southeast to end of road. l. Southeast 210th Street: from 124th Avenue Southeast to end of road. 8.D.a Packet Pg. 80 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 35 Amend KCC 9.38- Re: Parking m. Southeast 211th Street: from 125 feet west of 124th Avenue Southeast to 124th Avenue Southeast. n. Southeast 211th Street: from 125th Avenue Southeast to 160 feet east of 127th Place Southeast. Residential parking zone permits are required between 10:00 a.m. and 2:00 p.m. on weekdays during the months of September through June, excluding holidays, to park in Kent RPZ No. 3. C. RPZ manager. The mayor will appoint from city staff the RPZ manager who shall administer the RPZ program as set forth in this section. The duties of the RPZ manager may be carried out by more than one person and may be delegated to the customer services division of the city’s finance department as appropriate. D. Residential parking zone permit. When properly issued and displayed, an RPZ permit or a visitor parking permit will authorize a vehicle to park within the RPZ for which the permit was issued. A property is included within the RPZ only if its address includes, and/or sole access to the property is via, a street that is within the RPZ. The permit shall not guarantee a parking space, nor shall it exempt the vehicle or operator from observing zones where parking is otherwise prohibited, including but not limited to permanent or temporary no parking zones, loading zones, fire zones, and all zones where parking is regulated or prohibited by other applicable laws or regulations of this code. E. Permit eligibility. 1. Zone owners and residents. Permits may be issued only to persons who own property or reside in the RPZ established by subsection (B) of this section. At this time, all permits will be issued to RPZ owners and residents free of charge. 8.D.a Packet Pg. 81 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 36 Amend KCC 9.38- Re: Parking 2. Resident visitors. The RPZ manager may issue additional permits to each residence within the RPZ for temporary use by residents’ visitors. Visitor permits may not be sold or redistributed for any purpose. 3. Government vehicles. Government vehicles will not be required to obtain permits for the purpose of conducting official business in the North Park Neighborhood. Government vehicles associated with the conduct of business at the Kent Events Center may not park in the RPZ. F. Use and validity of permits. 1. The RPZ permit is valid only if displayed on the rear left window of the vehicle and only for so long as the permit holder owns or controls the vehicle and resides at the address for which the permit was issued. 2. A visitor parking permit shall be valid only if the hang tag is hung from the vehicle’s rearview mirror. G. Issuance of permits. The RPZ manager will send four RPZ window decals to the owner of record and to the occupant of each dwelling unit or residence within the RPZ. In addition, the RPZ manager will send 15 hang tag visitor permits to each owner of record and the occupant of each dwelling unit or residence for temporary use. Each permit issued shall contain the number of the RPZ for which it was issued and a serial number for the permit, together with such other information as determined by the RPZ manager. The RPZ manager is authorized to issue additional RPZ and/or visitor permits, if a demonstrated need exists. Any RPZ resident may make application for additional necessary permits by returning to the RPZ manager a completed application supplied by the city identifying the additional permits required and the reason for the request. Additional permits will be issued at the discretion of the RPZ manager and at no cost at this time. H. Proof of ownership or residence. The following will be sufficient proof of ownership or residence within the RPZ: 8.D.a Packet Pg. 82 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 37 Amend KCC 9.38- Re: Parking 1. Appearance as owner of record on the King County recorder’s office website; or 2. A valid driver’s license showing residence at a current address located within the RPZ; or 3. A deed, lease, rental agreement, or other document which, at the discretion of the RPZ manager, establishes residency, and which shows residency within the RPZ. I. Revocation or denial of permits – Cause. Any of the following shall be cause for the revocation or suspension of RPZ permits and/or visitor permits by the RPZ manager: 1. The making of any false or misleading statement in application for a permit. 2. The transfer to an unauthorized person or address. 3. The alteration of a permit in any respect in order to gain privileges not authorized by the permit. 4. The display on a vehicle of a permit that has been suspended or revoked. 5. The sale of a permit and the receipt of anything of value in exchange for a permit. J. Revocation or denial of permits – Process. If the RPZ manager finds that a RPZ permit or a visitor permit should be revoked or denied for any of the reasons set forth in subsection (I) of this section, the RPZ manager will send a written notice of revocation or denial to the permit holder, which notice shall contain the following information: 1. That the permit is denied or will be revoked not sooner than 10 calendar days from the date of the letter. 2. The reasons for permit revocation or denial. 8.D.a Packet Pg. 83 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 38 Amend KCC 9.38- Re: Parking 3. That unless a written notice of appeal is filed with the community development director not later than 10 calendar days from the date of the notice of revocation or denial, the permit will be deemed finally revoked or denied. 4. That the basis for the appeal must be contained in the written notice of appeal. K. Revocation or denial – Appeal. An applicant aggrieved by the RPZ manager’s revocation or denial of an RPZ or visitor permit may file a notice of appeal with the community development director who upon consideration of the written documentation submitted in the notice of revocation or denial and the notice of appeal will affirm, reverse, or modify the revocation or denial decision, or order suspension for a specified period. L. Violation – Penalty. It shall be a parking infraction to park within an RPZ unless the parked vehicle properly displays a valid RPZ permit or a visitor parking permit. Any violation of this section shall be an infraction punishable by a monetary penalty of $50. Vehicles parked in violation of this section may be towed or impounded as provided by law. Sec. 9.38.180. Stopping, standing, or parking prohibited in specified places. Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall: A. Stop, stand, or park a vehicle: 1. On the roadway side of any vehicle stopped or parked at the edge or curb of a street. 2. On a sidewalk or street planting strip. 3. Within an intersection. 4. On a crosswalk. 8.D.a Packet Pg. 84 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 39 Amend KCC 9.38- Re: Parking 5. Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless official signs or markings indicate a different no parking area opposite the ends of a safety zone. 6. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic. 7. Upon any bridge or other elevated structure upon a highway or within a highway tunnel. 8. On any railroad tracks. 9. In the area between roadways of a divided highway including crossovers. 10. Outside of the limits of an individual parking stall or parking space designated for vehicular on-street parking. An individual parking stall or parking space is that portion of the paved section of the roadway, of sufficient length and depth from the sidewalk curb to accommodate a vehicle to be parked, as shall be specified and marked by the city. 11. Within a marked bicycle lane, which is that portion of the paved section of the roadway specified and marked by the city for the movement of bicycles on the roadway. 12. Upon any portion of the street, roadway, or public way for the purpose of doing any work on, maintaining, or repairing any vehicle, except for those repairs necessitated by an emergency. 13. Upon any portion of the street, roadway, or public way for the principal purpose of displaying the vehicle for sale or for advertising services for vehicles. 14. Alongside or adjacent to any traffic island, which is the curbed area in a roadway from which traffic is excluded. 15. At any place where official signs prohibit stopping. 8.D.a Packet Pg. 85 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 40 Amend KCC 9.38- Re: Parking B. Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers: 1. In front of a public or private driveway or within five (5) feet of the end of the curb radius leading thereto; 2. Within fifteen (15) feet of a fire hydrant; 3. Within twenty (20) feet of a crosswalk; 4. Within thirty (30) feet upon the approach to any flashing signal, stop sign, yield sign, or traffic control signal located at the side of a roadway; 5. Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of said entrance when properly signposted; or 6. At any place where official signs prohibit standing. C. Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers: 1. Within fifty (50) feet of the nearest rail of a railroad crossing; or 2. At any place where official signs prohibit parking. D. Parking or standing shall be permitted in the manner provided by law at all other places, unless otherwise prohibited by this chapter. E. No person shall move a vehicle not lawfully under his or her control into any such prohibited area or away from a curb such a distance as is unlawful. F. It shall be unlawful for any person to reserve or attempt to reserve any portion of a highway for the purpose of stopping, standing, or parking to the exclusion of any other like person, nor shall any person be granted such right. 8.D.a Packet Pg. 86 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 41 Amend KCC 9.38- Re: Parking G. Any violation of the provisions of this section shall be an infraction and punishable by a monetary penalty of fifty dollars ($50). Vehicles parked in violation of this section are subject to impoundment as provided by law. Sec. 9.38.185. Parking too far from the curb. A. Except as otherwise provided in this section, every vehicle stopped or parked upon a two (2) way roadway shall be so stopped or parked with the right-hand wheels parallel to and within twelve (12) inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder. B. Except when otherwise provided by local ordinance, every vehicle stopped or parked upon a one (1) way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within twelve (12) inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder, or with its left-hand wheels within twelve (12) inches of the left- hand curb or as close as practicable to the left edge of the left-hand shoulder. C. Angle parking shall only be allowed as provided for in this chapter or elsewhere in the Kent City Code. D. Any violation of the provisions of this section shall be a traffic infraction and punishable by a monetary penalty of fifty dollars ($50). Vehicles parked in violation of this section are subject to impoundment as provided by law. Sec. 9.38.190. Penalty for violation of certain sections. Any violation of any section of this chapter for which no penalty is specifically provided shall be an infraction and punishable by a monetary penalty of $50. 8.D.a Packet Pg. 87 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 42 Amend KCC 9.38- Re: Parking Vehicles parked in violation of this section are subject to impoundment as provided by law. Sec. 9.38.195. Failure to respond – Penalty. Any person who fails to respond to a notice of infraction relating to parking shall, in addition to all other penalties and assessments, be assessed a penalty of twenty-five dollars ($25) for failing to respond. For the purposes of this section, a person shall be deemed to have failed to respond if he or she fails to timely pay any required penalty as stated on the notice of infraction or as required by the court, or fails to appear at the properly scheduled hearing to contest or mitigate the parking infraction. Sec. 9.38.200. Flood emergency hazardous materials parking zone. A. Purpose of the flood emergency hazardous materials parking zone. The city establishes this flood emergency hazardous materials parking zone (FEHMPZ) program for the purpose of providing upland parking for commercial motor vehicles carrying hazardous materials, as hereinafter defined, from city businesses when such materials must be relocated to avoid potential hazardous materials release. This program will allow for hazardous material truck parking on certain upland public right-of-way to the extent of available capacity. This program does not excuse any person or entity responsible for hazardous materials from proper protection, handling, and storage of such hazardous materials. B. Definitions. 1. Flood emergency means an emergency declared by the mayor, the county executive, the governor, or federal officials by reason of floods or potential floods in the vicinity of the city. 2. Hazardous material means a substance or material which has been determined by the Secretary of Transportation to be capable of posing 8.D.a Packet Pg. 88 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 43 Amend KCC 9.38- Re: Parking a risk to health, safety, and property when transported in commerce, and which has been so designated. 3. Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle: a. Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of four thousand five hundred thirty-six (4,536) kilograms (ten thousand one (10,001) pounds) or more, whichever is greater; or b. Is designed or used to transport more than eight (8) passengers (including the driver) for compensation; or c. Is designed or used to transport more than fifteen (15) passengers, including the driver, and is not used to transport passengers for compensation; or d. Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 USC 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under Title 49 CFR, Subtitle B, Chapter I, Subchapter C. C. Flood emergency hazardous materials parking zone established. Up to three (3) lanes of South 231st Street west of the Green River bridge to the intersection of Military Road South. D. FEHMPZ manager. The city emergency manager shall administer the FEHMPZ program as set forth in this section. The duties of the FEHMPZ manager may be carried out by more than one (1) person and may be delegated to the fire prevention staff as appropriate. The FEHMPZ manager will adopt such rules and procedures as are necessary for notice of availability of the FEHMPZ for parking and for its management. 8.D.a Packet Pg. 89 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 44 Amend KCC 9.38- Re: Parking E. FEHMPZ permits. When properly issued and displayed, a FEHMPZ permit, in the form of a hang tag, will authorize a vehicle to park within the FEHMPZ during a flood emergency. The permit will not guarantee a parking place nor shall it allow the permitted vehicle to block private access to abutting properties or fire zones. The FEHMPZ manager will determine the capacity of the FEHMPZ zone and issue, on a first-come, first-served basis, only so many permits as the FEHMPZ will accommodate vehicles. F. Permit eligibility. 1. Kent businesses. Permits will be issued only to owners of licensed city businesses which business shall require the use and/or storage of hazardous materials. 2. Vehicles. Each permit will be issued for a specific commercial motor vehicle. Vehicles with trailers will be required to remain attached during the duration of their use of the FEHMPZ. Vehicles and trailers will be required to have their wheels chocked. 3. Government vehicles. Government vehicles will be permitted to park in the FEHMPZ without permits. G. Use and validity of permits – Fee. 1. The FEHMPZ permit shall be valid only if the hang tag is hung from the vehicle’s rearview mirror and only so long as the permit holder owns or controls the vehicle and maintains the business for which the permit was issued. 2. Each permit, unless terminated under subsection (G)(1) of this section or revoked by the FEHMPZ manager, shall expire on June 30th of each calendar year. 3. A one-hundred-dollar ($100) administrative fee shall be charged for each permit issued to help defray the cost of administering the FEHMPZ program. 8.D.a Packet Pg. 90 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 45 Amend KCC 9.38- Re: Parking H. Issuance of permits. 1. Each permit applicant shall submit an application to the FEHMPZ manager along with a copy of the business license and vehicle registration(s). The application shall be upon a city form with such information as the FEHMPZ manager shall require. Such information shall include, but not be limited to, proof of insurance as required by the city risk manager. Upon request, the applicant will appear in person to show the original business license and vehicle registration(s). Each applicant shall agree, in writing, that submission of an application is not a guarantee of a parking place and does not excuse any compliance with any state, local, or federal regulations respecting hazardous materials or otherwise. 2. The FEHMPZ manager shall issue up to two (2) permits suitable for display for each approved application to Kent businesses that are members of the local emergency planning committee. Other Kent businesses will then be issued permits on a first-come, first-served basis until capacity within the FEHMPZ is exhausted. 3. Each permit shall show the date of expiration together with a license plate number and such other information as the FEHMPZ manager shall require. I. Revocation or denial of permits – Cause. Any of the following shall be cause for the denial or revocation of the FEHMPZ permit: 1. The unavailability of capacity in the FEHMPZ. 2. A false or misleading statement in the application for permit. 3. The transfer of a permit to an unauthorized business or vehicle by sale or otherwise. 4. The alteration of a permit in any respect. 8.D.a Packet Pg. 91 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 46 Amend KCC 9.38- Re: Parking J. Revocation or denial of permit – Process. If the FEHMPZ manager finds that a FEHMPZ permit should be revoked or denied for any of the reasons set forth in subsection (I) of this section, the FEHMPZ manager will send a written notice of revocation or denial to the permit holder at the business address, which notice shall contain the following information: 1. That the permit is denied or will be revoked not sooner than ten (10) calendar days from the date of the letter. 2. The reasons for the permit revocation or denial. 3. That unless a written notice of appeal is filed with the FEHMPZ manager not later than ten (10) calendar days from the date of the notice of revocation or denial, the permit will be deemed finally revoked or denied. 4. That the basis for the appeal must be contained in the written notice of appeal. K. Revocation or denial – Appeal. An applicant aggrieved by the FEHMPZ manager’s revocation or denial of a permit may file a notice of appeal with the FEHMPZ manager, who shall submit the same to the city hearing examiner. The hearing examiner, upon consideration of the written documentation submitted in the notice of revocation or denial and the notice of appeal, will affirm, reverse, or remand the revocation or denial. L. Violation – Penalty and remedial action. Any violation of this section shall be an infraction punishable by a monetary penalty of fifty dollars ($50). A vehicle may be towed and impounded if it is determined that such remedial action is needed to preserve the public health, safety, and welfare, including during an emergency flood eventVehicles parked in violation of this section during an emergency flood event are subject to impoundment as provided by law; provided, however, that all other rules and regulations regarding traffic, transportation, and the public right-of-way will be in effect during such times as an emergency flood event is not in effect. 8.D.a Packet Pg. 92 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - 47 Amend KCC 9.38- Re: Parking SECTION 2. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4. – Effective Date. This ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. April 19, 2022 DANA RALPH, MAYOR Date Approved ATTEST: April 19, 2022 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted April 22, 2022 Date Published APPROVED AS TO FORM: TAMMY WHITE, ACTING CITY ATTORNEY 8.D.a Packet Pg. 93 Attachment: Parking Penalties Ordinance - KCC 9.38 (3100 : Ordinance Amending Chapter 9.38 of the Kent City Code Relating to Parking - DATE: April 19, 2022 TO: Kent City Council SUBJECT: East Hill Police Substation - Lease Extension – Re- Authorize MOTION: I move to authorize the Mayor to enter into a lease extension agreement with Kent Hill, LLC, for an additional 5-year term to maintain a police substation on the East Hill, subject to final lease terms and conditions acceptable to the Police Chief and City Attorney. SUMMARY: Staff is seeking reauthorization for this lease extension due to a dollar figure error in the previous presentation. The “controllable” expenses were estimated at $7 per month. The actual annual expense estimate, however, is calculated at $7 per square foot of rental space and includes both types of expenses. For 2022, the combination of controllable and non-controllable expenses the City is responsible for paying is estimated at $781.72 per month. The total monthly cost for the lease is estimated at $2,581.72. The purpose of this lease extension agreement is to maintain the police substation on the East Hill. The space has been leased in the Kent East Hill Shopping Center, located at 25635 104th Avenue S.E. since July 2016. While staff is working with the Law Department to finalize the lease extension agreement, Council approval is being sought for the Mayor to sign the agreement once all terms are finalized. Although some minor provisions of the lease may change from those in the attached draft, changes are not anticipated to any substantive provisions such as rental term or rental rate, as summarized below. If approved by Council, the term of the lease extension will be for a 5-year period, commencing retroactively on August 1, 2021, and ending on July 31, 2026. Pursuant to the lease terms, the City will pay monthly rent in the amount of $1,800, plus an additional monthly amount to cover the City’s pro-rata share of the property’s expenses. Those expenses that are defined as “controllable”, like grounds maintenance, landscaping, and trash removal, will be established at a flat rate, which amount may increase by no more than five percent annually. expenses that are defined as “non-controllable”, such as King County property taxes or snow removal, will be prorated and based on a percentage of leased space the City occupies as it relates to the overall leasable space at the East Hill Shopping Center. The total expenses for 2002 are estimated to be around $7.36 per square foot of rental space for the year. For 2022, the cost to the City is estimated at $781.72 per 8.E Packet Pg. 94 month. The monthly rent that will be due during years two through five of the five-year term will increase on August 1st of each year by an amount equal to two percent of the previous year’s monthly rent. BUDGET IMPACT: Budgeted for 2022. At this time the department anticipates using budgeted funds to cover future lease payments. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. East Hill - K2 Substation Lease Extension Agreement (PDF) 04/05/22 Operations and Public Safety Committee MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS] Next: 4/19/2022 7:00 PM MOVER: Brenda Fincher, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Troutner 8.E Packet Pg. 95 LEASE EXTENSION AGREEMENT THIS LEASE EXTENSION AGREEMENT is made and entered into by and between Henry and Maureen Buys Family Trust and Kent Hill LLC, Tenants in Common ("Landlord") and the City of Kent, a Washington Municipal Corporation (hereinafter referred to as, "Tenant"). RECITALS A. WHEREAS, Kent Hill LLC and the City of Kent entered into that certain Shopping Center Lease dated August 4th, 2016 (hereinafter referred to as the "Lease"), covering certain store Premises containing approximately 1,274 rentable square feet, located in the Kent East Hill Shopping Center, City of Kent, County of King, State of Washington, more commonly known as 25635 104tr Ave SE. Kent. Washington 98030, and more particularly described in the Shopping Center Lease, (hereinafter referred to as the 'Premises') B. WHEREAS, the Lease Term expired on July 31,202I; ar:dr C. WHEREAS, Landlord and Tenant desire to extend the term of the Lease and to provide for the rental amounts to be paid during the Extension Period, defined herein. NOW, THEREFORE, for good and valuable consideration including the mutual agreements contained herein, it is hereby agreed by and between Landlord and Tenant that the Lease is amended as follows: Landlord and Tenant agree that the term of this Lease shall be extended for a period commencing August I , 2021 and expiring on July 31, 2026 (the "Extension Period"). The extension is in replacement for and in lieu of any other options (or extensions) as are otherwise set forth in the Lease. Except as expressly set forth herein, no other options or extension are available or granted to Tenant. Tenant shall pay to Landlord as fixed Minimum Rent during the Extension Period, payable as follows: (D For the period of August 1,2021, through July 31, 2022,frxed Minimum Rent shall be payable in monthly installments of One Thousand Eight Hundred Dollars ($1,800.00) on the first day of each month throughout such period commencing August 1,2021. (ii) For each subsequent year, of the extended term the fixed Minimum Rent will be increased by two (2) percent over the previous year. In addition to the fixed Minimum Rent due during the Extension Period, as set forth in Paragraph 2 above, Tenant shall pay all items of Additional Rent, and other charges required to be paid pursuant to the Lease. 1 2. 3 8.E.a Packet Pg. 96 Attachment: East Hill - K2 Substation Lease Extension Agreement (3101 : East Hill Police Substation - Lease Extension – Re-Authorize) 4 5 6 7 8. All capitalized terms, if not defined in this Lease Agreement, shall have the same meaning as defined in the Lease. Wherever the term, "term of this Lease" or "Lease Term" or similar phrase is used in the Lease, such term or phrase shall be deemed to include the Extension Period. AGENCY DISCLOSURE: Westlake Associates, Inc. represented the Landlord. Landlord and tenant each confirm the prior oral and/or written disclosure of agency was provided to each Party in this transaction (WAC 308-124D-040) COMMISSION: Tenant specifically agrees that there are no real estate brokers involved in this proposed lease except for Westlake Associates, Inc. Landlord shall be responsible for paying the commission to Westlake Associates, Inc. Except as expressly modified herein, all of the provisions of the Lease shall remain unmodified and in full force and effect. Counterparts and Signatures by Fax or Email. This Lease Extension Agreement may be executed in any number of counterparts, each of which shall constifute an original, and all of which will together constitute this one Lease Extension Agreement. Further, upon executing this Lease Extension Agreement, either party may deliver the signafure page to the other by email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Lease Extension Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Lease Extension Agreement and prior to its effective date are ratified and affirmed, and the terms of the Lease Extension Agreement shall be deemed to have applied. Henry and Maureen Buys Family Trust and Kent Hill in Common By: Its:m AdJAg',st* N\AAW By: Its: City of Kent, a Washington municipal corporation 8.E.a Packet Pg. 97 Attachment: East Hill - K2 Substation Lease Extension Agreement (3101 : East Hill Police Substation - Lease Extension – Re-Authorize) This record was acknowredged before me on@ ,2e,uv A\[An fiiedWEr], STATE OF WASHINGTON COUNTYOF vtna illltrt oFv.l STATE OF WASHINGTON COI.JNTY OF This record was acknowledged before me Notary forthe Staie My commission expires: 20_, Notary Public for the State ofWuhington My commission expires: STATE OF WASHINGTON COUNTYOF This record was acknowledged before me on_,20_, Notary Public for the State ofWashington My commission expires: 8.E.a Packet Pg. 98 Attachment: East Hill - K2 Substation Lease Extension Agreement (3101 : East Hill Police Substation - Lease Extension – Re-Authorize) STATE OF WASHINGTON COIJNTY OF This record was acknowledged before me on_,20_, by-s Notary Public for thc Stde of Washington My commission expires: 8.E.a Packet Pg. 99 Attachment: East Hill - K2 Substation Lease Extension Agreement (3101 : East Hill Police Substation - Lease Extension – Re-Authorize) DATE: April 19, 2022 TO: Kent City Council SUBJECT: Resolutions for Grant Applications to the Recreation and Conservation Office for the Mendel Property Acquisition, Springwood Park Renovation and the Ruth Property Acquisition - Adopt MOTION: I move adopt Resolution Nos 2039, 2040, 2041 and 2042, authorizing the submittal of grant applications #22-1362, #22-1372, #22- 1478 and #22-1479 to the Recreation and Conservation Office, to assist in funding the acquisition of the Mendel property at Upper Mill Creek Canyon, the renovation of Springwood Park and the acquisition of the Ruth property at Clark Lake. SUMMARY: Each grant cycle (every other year), staff pursues funding for park development and/or acquisition of property through the Washington Recreation and Conservation Office (RCO). Staff is requesting authorization to submit four grant applications to the RCO for reimbursement for the acquisition of the Mendel property at the south end of Mill Creek Canyon, the Ruth property at Clark Lake, and the renovation of Springwood Park. BUDGET IMPACT: None SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. 2039 COK Authorizing Resolution Mendel #22-1362A (PDF) 2. 2040 COK Authorizing Resolution Springwood (PDF) 3. 2041 COK Authorizing Resolution Ruth #22-1478A (PDF) 4. 2042 COK Authorizing Resolution Ruth #22-1479A (PDF) 04/07/22 Parks and Human Services Committee RECOMMENDED TO COUNCIL 8.F Packet Pg. 100 RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 4/19/2022 7:00 PM MOVER: Satwinder Kaur, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Zandria Michaud, Satwinder Kaur, Toni Troutner 8.F Packet Pg. 101 1 Recreation & Conservation Office Grant— Mendel Property for Upper Mill Creek Canyon RESOLUTION NO. 2039 A RESOLUTION of the City Council of the City of Kent, Washington, that: (1) authorizes the submission of applications for grant funding assistance through the Recreation and Conservation Office to assist with the cost of acquiring the Mendel Property for Upper Mill Creek Canyon Park (Project #22-1362A), and (2) identifies the Parks Director and Mayor, or their designees, as the City’s authorized representatives for purposes of securing the grants and binding the City to the grants’ terms and conditions. RECITALS A. Under the provisions of the Local Parks Category of the Washington Wildlife and Recreation Program, the City of Kent is seeking grant assistance through the state Recreation and Conservation Office to aid the City in financing the cost to acquire the Mendel Property for Upper Mill Creek Canyon Park (Project #22-1362A). B. The City of Kent considers it in the best public interest to complete the project described in the application and to seek grant assistance through the Recreation and Conservation Office to aid in financing the cost of this project. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 8.F.a Packet Pg. 102 Attachment: 2039 COK Authorizing Resolution Mendel #22-1362A (3105 : Resolutions for Grant Applications to the Recreation and 2 Recreation & Conservation Office Grant— Mendel Property for Upper Mill Creek Canyon RESOLUTION SECTION 1. – Intent to Apply. The City has applied for or intends to apply for funding assistance managed by the Washington State Recreation and Conservation Office (“RCO”) to assist with the cost of acquiring the Mendel Property for Upper Mill Creek Canyon Park (Project #22-1362A) (“Project”). SECTION 2. – Authorized Representative. The City authorizes the following persons, or subsequent holders of the positions identified below, to execute the following documents binding the City of Kent on the above Project: Grant Document Name of Signatory or Title of Person Authorized to Sign Grant application (submission thereof) Bryan Higgins, Parks Facilities Planning & Development Coordinator Project contact (day-to-day administering of the grant and communicating with RCO) Bryan Higgins, Parks Facilities Planning & Development Coordinator RCO Grant Agreement (Agreement) Dana Ralph, Mayor Agreement amendments Dana Ralph, Mayor Authorizing property and real estate documents (Notice of Grant, Deed of Right or Assignment of Rights, if applicable). These are items that are typically recorded on the property with King County. Dana Ralph, Mayor The above persons are considered “authorized representatives/agents” for purposes of the documents indicated. The City shall comply with a request from RCO to provide documentation of persons who may be authorized to execute documents related to the grant. SECTION 3. – Grant Agreement. The City has reviewed the sample Grant Agreement on RCO’s website at: https://rco.wa.gov/wp- content/uploads/2019/06/SampleProjAgreement.pdf. The City understands and acknowledges that if offered an agreement to sign in the future, it will contain 8.F.a Packet Pg. 103 Attachment: 2039 COK Authorizing Resolution Mendel #22-1362A (3105 : Resolutions for Grant Applications to the Recreation and 3 Recreation & Conservation Office Grant— Mendel Property for Upper Mill Creek Canyon an indemnification and legal venue stipulation and other terms and conditions substantially in the form contained in the sample agreement and that such terms and conditions of any signed agreement shall be legally binding on the City if its representative/agent enters into an agreement on the City’s behalf. RCO will reserve the right to revise the agreement prior to execution. SECTION 4. – Legal Authority. The City acknowledges and warrants, after conferring with its legal counsel, that its authorized representatives/agents identified above have full legal authority to act and sign on behalf of the City for their assigned role/document. SECTION 5. – Contingent Funding. Grant assistance is contingent on a signed agreement. Entering into any agreement with RCO is purely voluntary on the City’s part. SECTION 6. – Varying Policies and Requirements. The City understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the agreement, the characteristics of the project, and the characteristics of the City. SECTION 7. – Revisions to Agreement. The City further understands that prior to its authorized representatives/agents executing any of the documents listed above, RCO may make revisions to its sample agreement and that such revisions could include the indemnification and the legal venue stipulations. The City accepts the legal obligation that it shall, prior to execution of any agreement, confer with its authorized representatives/agents as to any revisions to the project agreement from that of the sample agreement. The City also acknowledges and accepts that if its authorized representatives/agents execute agreements with any such 8.F.a Packet Pg. 104 Attachment: 2039 COK Authorizing Resolution Mendel #22-1362A (3105 : Resolutions for Grant Applications to the Recreation and 4 Recreation & Conservation Office Grant— Mendel Property for Upper Mill Creek Canyon revisions, all terms and conditions of the executed agreements shall be conclusively deemed to be executed with the City’s authorization. SECTION 8. – Allowable Costs. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above. SECTION 9. –Matching Funds Availability. If match is required for the grant, the City understands it must certify the availability of match at least one month before funding approval. In addition, the City understands it is responsible for supporting all non-cash matching share commitments to the Project should they not materialize. SECTION 10. – Reimbursement Basis. The City acknowledges that if it receives grant funds managed by RCO, RCO will pay the City on only a reimbursement basis. The City understands reimbursement basis means that the City will only request payment from RCO after the City incurs grant eligible and allowable costs and pays them. RCO may also determine an amount of retainage and hold that amount until all project deliverables, grant reports, or other responsibilities are complete. SECTION 11. – Property Dedication for Land Acquisitions. Project #22-1362A includes land acquisition for Upper Mill Creek Canyon Park. As a result, the City acknowledges that any property acquired with grant assistance must be dedicated for purposes of the grant in perpetuity unless otherwise agreed to in writing by the City and RCO. For that project, the City agrees to dedicate the property in a signed “Deed of Right” for fee acquisitions, or an “Assignment of Rights” for other than fee acquisitions, which documents will be based upon RCO’s standard versions of those documents, to be recorded on the title of the property with the county auditor. The City acknowledges that any property acquired in fee title must 8.F.a Packet Pg. 105 Attachment: 2039 COK Authorizing Resolution Mendel #22-1362A (3105 : Resolutions for Grant Applications to the Recreation and 5 Recreation & Conservation Office Grant— Mendel Property for Upper Mill Creek Canyon be immediately made available to the public unless otherwise provided for in policy, the agreement, or authorized in writing by the Office’s Director. SECTION 12. - Resolution a Part of Application. This resolution is deemed to be part of the formal grant application to RCO. SECTION 13. – Certification. The City warrants and certifies that this resolution was properly and lawfully adopted following the requirements of the City and applicable laws and policies, and that the City has full legal authority to commit itself to the warranties, certifications, promises and obligations set forth herein. SECTION 14. - Effective Date and Approval. This resolution will take effect immediately, and is signed and approved by the Mayor through a majority vote of the City Council for the City of Kent. A copy of this resolution is on file with the Kent City Clerk at 220 Fourth Avenue South, Kent, WA. April 19, 2022 DANA RALPH, MAYOR Date Approved ATTEST: April 19, 2022 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted APPROVED AS TO FORM: TAMMY WHITE, ACTING CITY ATTORNEY P:\Civil\Resolution\Drafts\RCO-Mendel Property for Upper Mill Creek Canyon #22-1362A.docx 8.F.a Packet Pg. 106 Attachment: 2039 COK Authorizing Resolution Mendel #22-1362A (3105 : Resolutions for Grant Applications to the Recreation and 1 Recreation & Conservation Office Grant— Springwood Park Renovation RESOLUTION NO. 2040 A RESOLUTION of the City Council of the City of Kent, Washington, that: (1) authorizes the submission of applications for grant funding assistance through the Recreation and Conservation Office to assist with development and construction of the renovation of Springwood Park (Project #22- 1372D), and (2) identifies the Parks Director and Mayor, or their designees, as the City’s authorized representatives for purposes of securing the grants and binding the City to the grants’ terms and conditions. RECITALS A. Under the provisions of the Local Parks Category of the Washington Wildlife and Recreation Program, the City of Kent is seeking grant assistance through the state Recreation and Conservation Office to aid the City in financing the cost to develop and construct the renovation for Springwood Park (Project #22-1372D). B. The City of Kent considers it in the best public interest to complete the project described in the application and to seek grant assistance through the Recreation and Conservation Office to aid in financing the cost of this project. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 8.F.b Packet Pg. 107 Attachment: 2040 COK Authorizing Resolution Springwood (3105 : Resolutions for Grant Applications to the Recreation and Conservation 2 Recreation & Conservation Office Grant— Springwood Park Renovation RESOLUTION SECTION 1. – Intent to Apply. The City has applied for or intends to apply for funding assistance managed by the Washington State Recreation and Conservation Office (“RCO”) for the development and construction of the renovation of Springwood Park (Project #22-1372D) (“Project”). SECTION 2. – Authorized Representative. The City authorizes the following persons, or subsequent holders of the positions identified below, to execute the following documents binding the City of Kent on the above Project: Grant Document Name of Signatory or Title of Person Authorized to Sign Grant application (submission thereof) Bryan Higgins, Parks Facilities Planning & Development Coordinator Project contact (day-to-day administering of the grant and communicating with RCO) Bryan Higgins, Parks Facilities Planning & Development Coordinator RCO Grant Agreement (Agreement) Dana Ralph, Mayor Agreement amendments Dana Ralph, Mayor Authorizing property and real estate documents (Notice of Grant, Deed of Right or Assignment of Rights, if applicable). These are items that are typically recorded on the property with King County. Dana Ralph, Mayor The above persons are considered “authorized representatives/agents” for purposes of the documents indicated. The City shall comply with a request from RCO to provide documentation of persons who may be authorized to execute documents related to the grant. SECTION 3. – Grant Agreement. The City has reviewed the sample Grant Agreement on RCO’s website at: https://rco.wa.gov/wp- content/uploads/2019/06/SampleProjAgreement.pdf. The City understands and acknowledges that if offered an agreement to sign in the future, it will contain an indemnification and legal venue stipulation and other terms and conditions 8.F.b Packet Pg. 108 Attachment: 2040 COK Authorizing Resolution Springwood (3105 : Resolutions for Grant Applications to the Recreation and Conservation 3 Recreation & Conservation Office Grant— Springwood Park Renovation substantially in the form contained in the sample agreement and that such terms and conditions of any signed agreement shall be legally binding on the City if its representative/agent enters into an agreement on the City’s behalf. RCO will reserve the right to revise the agreement prior to execution. SECTION 4. – Legal Authority. The City acknowledges and warrants, after conferring with its legal counsel, that its authorized representatives/agents identified above have full legal authority to act and sign on behalf of the City for their assigned role/document. SECTION 5. – Contingent Funding. Grant assistance is contingent on a signed agreement. Entering into any agreement with RCO is purely voluntary on the City’s part. SECTION 6. – Varying Policies and Requirements. The City understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the agreement, the characteristics of the project, and the characteristics of the City. SECTION 7. – Revisions to Agreement. The City further understands that prior to its authorized representatives/agents executing any of the documents listed above, RCO may make revisions to its sample agreement and that such revisions could include the indemnification and the legal venue stipulations. The City accepts the legal obligation that it shall, prior to execution of any agreement, confer with its authorized representatives/agents as to any revisions to the project agreement from that of the sample agreement. The City also acknowledges and accepts that if its authorized representatives/agents execute agreements with any such revisions, all terms and conditions of the executed agreements shall be conclusively deemed to be executed with the City’s authorization. 8.F.b Packet Pg. 109 Attachment: 2040 COK Authorizing Resolution Springwood (3105 : Resolutions for Grant Applications to the Recreation and Conservation 4 Recreation & Conservation Office Grant— Springwood Park Renovation SECTION 8. – Allowable Costs. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above. SECTION 9. –Matching Funds Availability. If match is required for the grant, the City understands it must certify the availability of match at least one month before funding approval. In addition, the City understands it is responsible for supporting all non-cash matching share commitments to the Project should they not materialize. SECTION 10. – Reimbursement Basis. The City acknowledges that if it receives grant funds managed by the Office, the Office will pay the City on only a reimbursement basis. The City understands reimbursement basis means that the City will only request payment from RCO after the City incurs grant eligible and allowable costs and pays them. RCO may also determine an amount of retainage and hold that amount until all project deliverables, grant reports, or other responsibilities are complete. SECTION 11. – Property Dedication for Development, Renovation, Enhancement, and Restoration Projects. Springwood Park, which will be renovated under Project #22-1372D, is located upon property wholly owned by the City of Kent. The City acknowledges that any property owned by the City that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy or RCO in writing and per the Agreement or an amendment thereto. SECTION 12. - Resolution a Part of Application. This resolution is deemed to be part of the formal grant application to RCO. 8.F.b Packet Pg. 110 Attachment: 2040 COK Authorizing Resolution Springwood (3105 : Resolutions for Grant Applications to the Recreation and Conservation 5 Recreation & Conservation Office Grant— Springwood Park Renovation SECTION 13. – Certification. The City warrants and certifies that this resolution was properly and lawfully adopted following the requirements of the City and applicable laws and policies, and that the City has full legal authority to commit itself to the warranties, certifications, promises and obligations set forth herein. SECTION 14. - Effective Date and Approval. This resolution will take effect immediately, and is signed and approved by the Mayor through a majority vote of the City Council for the City of Kent. A copy of this resolution is on file with the Kent City Clerk at 220 Fourth Avenue South, Kent, WA. April 19, 2022 DANA RALPH, MAYOR Date Approved ATTEST: April 19, 2022 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted APPROVED AS TO FORM: TAMMY WHITE, ACTING CITY ATTORNEY P:\Civil\Resolution\Drafts\RCO-Springwood Park #22-1372D.docx 8.F.b Packet Pg. 111 Attachment: 2040 COK Authorizing Resolution Springwood (3105 : Resolutions for Grant Applications to the Recreation and Conservation 1 Recreation & Conservation Office Grant— Ruth Property for Clark Lake Park (Local Parks Category of Washington Wildlife and Recreation Program) RESOLUTION NO. 2041 A RESOLUTION of the City Council of the City of Kent, Washington, that: (1) authorizes the submission of applications for grant funding assistance through the Recreation and Conservation Office to assist with the cost of acquiring the Ruth Property for Clark Lake Park (Project #22-1478A), and (2) identifies the Parks Director and Mayor, or their designees, as the City’s authorized representatives for purposes of securing the grants and binding the City to the grants’ terms and conditions. RECITALS A. Under the provisions of the Local Parks Category of the Washington Wildlife and Recreation Program, the City of Kent is seeking grant assistance through the state Recreation and Conservation Office to aid the City in financing the cost to acquire the Ruth Property for Clark Lake Park (Project #22-1478A). B. The City of Kent considers it in the best public interest to complete the project described in the application and to seek grant assistance through the Recreation and Conservation Office to aid in financing the cost of this project. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 8.F.c Packet Pg. 112 Attachment: 2041 COK Authorizing Resolution Ruth #22-1478A (3105 : Resolutions for Grant Applications to the Recreation and Conservation 2 Recreation & Conservation Office Grant— Ruth Property for Clark Lake Park (Local Parks Category of Washington Wildlife and Recreation Program) RESOLUTION SECTION 1. – Intent to Apply. The City has applied for or intends to apply for funding assistance managed by the Washington State Recreation and Conservation Office (“RCO”) to assist with the cost of acquiring the Ruth Property for Clark Lake Park (Project #22-1478A) (“Project”). SECTION 2. – Authorized Representative. The City authorizes the following persons, or subsequent holders of the positions identified below, to execute the following documents binding the City of Kent on the above Project: Grant Document Name of Signatory or Title of Person Authorized to Sign Grant application (submission thereof) Bryan Higgins, Parks Facilities Planning & Development Coordinator Project contact (day-to-day administering of the grant and communicating with RCO) Bryan Higgins, Parks Facilities Planning & Development Coordinator RCO Grant Agreement (Agreement) Dana Ralph, Mayor Agreement amendments Dana Ralph, Mayor Authorizing property and real estate documents (Notice of Grant, Deed of Right or Assignment of Rights, if applicable). These are items that are typically recorded on the property with King County. Dana Ralph, Mayor The above persons are considered “authorized representatives/agents” for purposes of the documents indicated. The City shall comply with a request from RCO to provide documentation of persons who may be authorized to execute documents related to the grant. SECTION 3. – Grant Agreement. The City has reviewed the sample Grant Agreement on RCO’s website at: https://rco.wa.gov/wp- content/uploads/2019/06/SampleProjAgreement.pdf. The City understands and acknowledges that if offered an agreement to sign in the future, it will contain an indemnification and legal venue stipulation and other terms and conditions 8.F.c Packet Pg. 113 Attachment: 2041 COK Authorizing Resolution Ruth #22-1478A (3105 : Resolutions for Grant Applications to the Recreation and Conservation 3 Recreation & Conservation Office Grant— Ruth Property for Clark Lake Park (Local Parks Category of Washington Wildlife and Recreation Program) substantially in the form contained in the sample agreement and that such terms and conditions of any signed agreement shall be legally binding on the City if its representative/agent enters into an agreement on the City’s behalf. RCO will reserve the right to revise the agreement prior to execution. SECTION 4. – Legal Authority. The City acknowledges and warrants, after conferring with its legal counsel, that its authorized representatives/agents identified above have full legal authority to act and sign on behalf of the City for their assigned role/document. SECTION 5. – Contingent Funding. Grant assistance is contingent on a signed agreement. Entering into any agreement with RCO is purely voluntary on the City’s part. SECTION 6. – Varying Policies and Requirements. The City understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the agreement, the characteristics of the project, and the characteristics of the City. SECTION 7. – Revisions to Agreement. The City further understands that prior to its authorized representatives/agents executing any of the documents listed above, RCO may make revisions to its sample agreement and that such revisions could include the indemnification and the legal venue stipulations. The City accepts the legal obligation that it shall, prior to execution of any agreement, confer with its authorized representatives/agents as to any revisions to the project agreement from that of the sample agreement. The City also acknowledges and accepts that if its authorized representatives/agents execute agreements with any such revisions, all terms and conditions of the executed agreements shall be conclusively deemed to be executed with the City’s authorization. 8.F.c Packet Pg. 114 Attachment: 2041 COK Authorizing Resolution Ruth #22-1478A (3105 : Resolutions for Grant Applications to the Recreation and Conservation 4 Recreation & Conservation Office Grant— Ruth Property for Clark Lake Park (Local Parks Category of Washington Wildlife and Recreation Program) SECTION 8. – Allowable Costs. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above. SECTION 9. –Matching Funds Availability. If match is required for the grant, the City understands it must certify the availability of match at least one month before funding approval. In addition, the City understands it is responsible for supporting all non-cash matching share commitments to the Project should they not materialize. SECTION 10. – Reimbursement Basis. The City acknowledges that if it receives grant funds managed by RCO, RCO will pay the City on only a reimbursement basis. The City understands reimbursement basis means that the City will only request payment from RCO after the City incurs grant eligible and allowable costs and pays them. RCO may also determine an amount of retainage and hold that amount until all project deliverables, grant reports, or other responsibilities are complete. SECTION 11. – Property Dedication for Land Acquisitions. Project #22-1478A includes land acquisition for Clark Lake Park. As a result, the City acknowledges that any property acquired with grant assistance must be dedicated for purposes of the grant in perpetuity unless otherwise agreed to in writing by the City and RCO. For that project, the City agrees to dedicate the property in a signed “Deed of Right” for fee acquisitions, or an “Assignment of Rights” for other than fee acquisitions, which documents will be based upon RCO’s standard versions of those documents, to be recorded on the title of the property with the county auditor. The City acknowledges that any property acquired in fee title must be immediately made available to the public unless otherwise provided for in policy, the agreement, or authorized in writing by the Office’s Director. 8.F.c Packet Pg. 115 Attachment: 2041 COK Authorizing Resolution Ruth #22-1478A (3105 : Resolutions for Grant Applications to the Recreation and Conservation 5 Recreation & Conservation Office Grant— Ruth Property for Clark Lake Park (Local Parks Category of Washington Wildlife and Recreation Program) SECTION 12. - Resolution a Part of Application. This resolution is deemed to be part of the formal grant application to RCO. SECTION 13. – Certification. The City warrants and certifies that this resolution was properly and lawfully adopted following the requirements of the City and applicable laws and policies, and that the City has full legal authority to commit itself to the warranties, certifications, promises and obligations set forth herein. SECTION 14. - Effective Date and Approval. This resolution will take effect immediately, and is signed and approved by the Mayor through a majority vote of the City Council for the City of Kent. A copy of this resolution is on file with the Kent City Clerk at 220 Fourth Avenue South, Kent, WA. April 19, 2022 DANA RALPH, MAYOR Date Approved ATTEST: April 19, 2022 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted APPROVED AS TO FORM: TAMMY WHITE, ACTING CITY ATTORNEY P:\Civil\Resolution\Drafts\RCO-Ruth Property for Clark Lake Park #22-1478A.docx 8.F.c Packet Pg. 116 Attachment: 2041 COK Authorizing Resolution Ruth #22-1478A (3105 : Resolutions for Grant Applications to the Recreation and Conservation 1 Recreation & Conservation Office Grant— Ruth Property for Clark Lake Park (Land and Water Conservation Program) RESOLUTION NO. 2042 A RESOLUTION of the City Council of the City of Kent, Washington, that: (1) authorizes the submission of applications for grant funding assistance through the Recreation and Conservation Office to assist with the cost of acquiring the Ruth Property for Clark Lake Park (Project #22-1479A), and (2) identifies the Parks Director and Mayor, or their designees, as the City’s authorized representatives for purposes of securing the grants and binding the City to the grants’ terms and conditions. RECITALS A. Under the provisions of the Land and Water Conservation Program, the City of Kent is seeking grant assistance through the state Recreation and Conservation Office to aid the City in financing the cost to acquire the Ruth Property for Clark Lake Park (Project #22-1479A). B. The City of Kent considers it in the best public interest to complete the project described in the application and to seek grant assistance through the Recreation and Conservation Office to aid in financing the cost of this project. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 8.F.d Packet Pg. 117 Attachment: 2042 COK Authorizing Resolution Ruth #22-1479A (3105 : Resolutions for Grant Applications to the Recreation and Conservation 2 Recreation & Conservation Office Grant— Ruth Property for Clark Lake Park (Land and Water Conservation Program) RESOLUTION SECTION 1. – Intent to Apply. The City has applied for or intends to apply for funding assistance managed by the Washington State Recreation and Conservation Office (“RCO”) to assist with the cost of acquiring the Ruth Property for Clark Lake Park (Project #22-1479A) (“Project”). SECTION 2. – Authorized Representative. The City authorizes the following persons, or subsequent holders of the positions identified below, to execute the following documents binding the City of Kent on the above Project: Grant Document Name of Signatory or Title of Person Authorized to Sign Grant application (submission thereof) Bryan Higgins, Parks Facilities Planning & Development Coordinator Project contact (day-to-day administering of the grant and communicating with RCO) Bryan Higgins, Parks Facilities Planning & Development Coordinator RCO Grant Agreement (Agreement) Dana Ralph, Mayor Agreement amendments Dana Ralph, Mayor Authorizing property and real estate documents (Notice of Grant, Deed of Right or Assignment of Rights, if applicable). These are items that are typically recorded on the property with King County. Dana Ralph, Mayor The above persons are considered “authorized representatives/agents” for purposes of the documents indicated. The City shall comply with a request from RCO to provide documentation of persons who may be authorized to execute documents related to the grant. SECTION 3. – Grant Agreement. The City has reviewed the sample Grant Agreement on RCO’s website at: https://rco.wa.gov/wp- content/uploads/2019/06/SampleProjAgreement.pdf. The City understands and acknowledges that if offered an agreement to sign in the future, it will contain an indemnification and legal venue stipulation and other terms and conditions substantially in the form contained in the sample agreement and that such terms 8.F.d Packet Pg. 118 Attachment: 2042 COK Authorizing Resolution Ruth #22-1479A (3105 : Resolutions for Grant Applications to the Recreation and Conservation 3 Recreation & Conservation Office Grant— Ruth Property for Clark Lake Park (Land and Water Conservation Program) and conditions of any signed agreement shall be legally binding on the City if its representative/agent enters into an agreement on the City’s behalf. RCO will reserve the right to revise the agreement prior to execution. SECTION 4. – Legal Authority. The City acknowledges and warrants, after conferring with its legal counsel, that its authorized representatives/agents identified above have full legal authority to act and sign on behalf of the City for their assigned role/document. SECTION 5. – Contingent Funding. Grant assistance is contingent on a signed agreement. Entering into any agreement with RCO is purely voluntary on the City’s part. SECTION 6. – Varying Policies and Requirements. The City understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the agreement, the characteristics of the project, and the characteristics of the City. SECTION 7. – Revisions to Agreement. The City further understands that prior to its authorized representatives/agents executing any of the documents listed above, RCO may make revisions to its sample agreement and that such revisions could include the indemnification and the legal venue stipulations. The City accepts the legal obligation that it shall, prior to execution of any agreement, confer with its authorized representatives/agents as to any revisions to the project agreement from that of the sample agreement. The City also acknowledges and accepts that if its authorized representatives/agents execute agreements with any such revisions, all terms and conditions of the executed agreements shall be conclusively deemed to be executed with the City’s authorization. 8.F.d Packet Pg. 119 Attachment: 2042 COK Authorizing Resolution Ruth #22-1479A (3105 : Resolutions for Grant Applications to the Recreation and Conservation 4 Recreation & Conservation Office Grant— Ruth Property for Clark Lake Park (Land and Water Conservation Program) SECTION 8. – Allowable Costs. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above. SECTION 9. –Matching Funds Availability. If match is required for the grant, the City understands it must certify the availability of match at least one month before funding approval. In addition, the City understands it is responsible for supporting all non-cash matching share commitments to the Project should they not materialize. SECTION 10. – Reimbursement Basis. The City acknowledges that if it receives grant funds managed by RCO, RCO will pay the City on only a reimbursement basis. The City understands reimbursement basis means that the City will only request payment from RCO after the City incurs grant eligible and allowable costs and pays them. RCO may also determine an amount of retainage and hold that amount until all project deliverables, grant reports, or other responsibilities are complete. SECTION 11. – Property Dedication for Land Acquisitions. Project #22-1479A includes land acquisition for Clark Lake Park. As a result, the City acknowledges that any property acquired with grant assistance must be dedicated for purposes of the grant in perpetuity unless otherwise agreed to in writing by the City and RCO. For that project, the City agrees to dedicate the property in a signed “Deed of Right” for fee acquisitions, or an “Assignment of Rights” for other than fee acquisitions, which documents will be based upon RCO’s standard versions of those documents, to be recorded on the title of the property with the county auditor. The City acknowledges that any property acquired in fee title must be immediately made available to the public unless otherwise provided for in policy, the agreement, or authorized in writing by the Office’s Director. 8.F.d Packet Pg. 120 Attachment: 2042 COK Authorizing Resolution Ruth #22-1479A (3105 : Resolutions for Grant Applications to the Recreation and Conservation 5 Recreation & Conservation Office Grant— Ruth Property for Clark Lake Park (Land and Water Conservation Program) SECTION 12. - Resolution a Part of Application. This resolution is deemed to be part of the formal grant application to RCO. SECTION 13. – Certification. The City warrants and certifies that this resolution was properly and lawfully adopted following the requirements of the City and applicable laws and policies, and that the City has full legal authority to commit itself to the warranties, certifications, promises and obligations set forth herein. SECTION 14. - Effective Date and Approval. This resolution will take effect immediately, and is signed and approved by the Mayor through a majority vote of the City Council for the City of Kent. A copy of this resolution is on file with the Kent City Clerk at 220 Fourth Avenue South, Kent, WA. April 19, 2022 DANA RALPH, MAYOR Date Approved ATTEST: April 19, 2022 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted APPROVED AS TO FORM: TAMMY WHITE, ACTING CITY ATTORNEY P:\Civil\Resolution\Drafts\RCO-Ruth Property for Clark Lake Park #22-1479A.docx 8.F.d Packet Pg. 121 Attachment: 2042 COK Authorizing Resolution Ruth #22-1479A (3105 : Resolutions for Grant Applications to the Recreation and Conservation DATE: April 19, 2022 TO: Kent City Council SUBJECT: Agreement with Berger Partnership PS for Springwood Park Renovation Design and Construction Administration - Authorize MOTION: I move to authorize the Mayor to sign a consultant services agreement with Berger Partnership PS, in the amount of $320,830, for design and construction support services for Springwood Park Renovation, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: In September 2017, Berger Partnership was selected through an RFQ process to create a Master Plan for Springwood Park Renovation. This agreement constitutes the next phases of park design and construction administration during the renovation, building upon the work recently completed in the planning phase. BUDGET IMPACT: Expense impact to the Springwood Park Renovation capital budget SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Consultant Services Agreement (PDF) 04/07/22 Parks and Human Services Committee RECOMMENDED TO COUNCIL 8.G Packet Pg. 122 RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 4/19/2022 7:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Zandria Michaud, Satwinder Kaur, Toni Troutner 8.G Packet Pg. 123 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and Berger Partnership P.S. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Berger Partnership organized under the laws of the State of Washington, located and doing business at 1927 Post Alley, Suite 2, Seattle, WA 98101 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: As described in attached Exhibit A, incorporated herein, consultant shall provide design through construction administration services for Springwood Park Renovation. The Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the work described in Section I by 10/31/2024. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $324,380.00, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. C. Card Payment Program. The Consultant may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Consultant. If the Consultant voluntarily participates in this Program, the Consultant will be solely responsible 8.G.a Packet Pg. 124 Attachment: Consultant Services Agreement (3106 : Agreement with Berger Partnership PS for Springwood Park Renovation Design and CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which the Consultant’s services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Consultant’s services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Consultant’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the City’s use of the Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. 8.G.a Packet Pg. 125 Attachment: Consultant Services Agreement (3106 : Agreement with Berger Partnership PS for Springwood Park Renovation Design and CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Consultant to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Consultant. VII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VIII. INDEMNIFICATION. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and the Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then the Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and 8.G.a Packet Pg. 126 Attachment: Consultant Services Agreement (3106 : Agreement with Berger Partnership PS for Springwood Park Renovation Design and CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. The Consultant shall make such data, documents, and files available to the City upon the City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use or reuse of any of the documents, data, and files created by the Consultant for this project by anyone other than the Consultant on any other project shall be without liability or legal exposure to the Consultant. XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. 8.G.a Packet Pg. 127 Attachment: Consultant Services Agreement (3106 : Agreement with Berger Partnership PS for Springwood Park Renovation Design and CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. 8.G.a Packet Pg. 128 Attachment: Consultant Services Agreement (3106 : Agreement with Berger Partnership PS for Springwood Park Renovation Design and CONSULTANT SERVICES AGREEMENT - 6 (Over $20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: Print Name: Its DATE: CITY OF KENT: By: Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Greg Brower Berger Partnership 1927 Post Alley, Ste 2 Seattle, WA 98101 206-325-6877 (telephone) gregb@bergerpartnership.com (email) NOTICES TO BE SENT TO: CITY OF KENT: Kerry O'Connor City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5115 (telephone) koconnor@kentwa.gov (email) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk \\PKUPFPP1V\PKPublic\Planning\Springwood Park\Reimagining PK20-04\Design\Berger-Design Thru CA-CONTRACT 8.G.a Packet Pg. 129 Attachment: Consultant Services Agreement (3106 : Agreement with Berger Partnership PS for Springwood Park Renovation Design and EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: __________________________________________ For: _________________________________________ Title: ________________________________________ Date: ________________________________________ 8.G.a Packet Pg. 130 Attachment: Consultant Services Agreement (3106 : Agreement with Berger Partnership PS for Springwood Park Renovation Design and EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 8.G.a Packet Pg. 131 Attachment: Consultant Services Agreement (3106 : Agreement with Berger Partnership PS for Springwood Park Renovation Design and EEO COMPLIANCE DOCUMENTS - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: __________________________________________ For: _________________________________________ Title: ________________________________________ Date: ________________________________________ 8.G.a Packet Pg. 132 Attachment: Consultant Services Agreement (3106 : Agreement with Berger Partnership PS for Springwood Park Renovation Design and Landscape Architecture Urban Design Berger Partnership PS 1927 Post Alley, Ste. 2 Seattle, WA 98101 206 325 6877 bergerpartnership.com 2.25.22 Terry Jungman, Parks Planning and Development Manager Kerry O’Connor, Park Planner City of Kent, Parks, Recreation & Community Services 220 Fourth Avenue South Kent, WA 98032 Proposal for Landscape Architectural Services – Springwood Park Dear Terry and Kerry: We are pleased to have the opportunity to work with the community and city staff to prepare design progress, construction documents, and permit documents for Springwood Park. With the completion of the preferred plan, we will move into 30% design documentation, which will further the design and prepare documentation for the RCO grant submittal. The following design phases include 60% design, permitting, 90% and 100% design, bid administration, and construction administration. Project Team The project team includes consultants with specialized skills required to complete the necessary work. They include the following: •Civil Engineering: KPFF •Environmental and Cultural Resources: Environmental Science Associates (ESA) •Electrical Engineering and Design: Mazzetti •Irrigation Design: Design 2426 Park Program The elements to be included in the park based on the approved preferred plan include: •Grand lawn •Shelter •Multi-purpose court •Children’s play •Adventure play •Walkways, paved and crushed rock •Walkway lighting •Stormwater management facilities •Irrigation •Site furnishings •Planting and lawn EXHIBIT A 8.G.a Packet Pg. 133 Attachment: Consultant Services Agreement (3106 : Agreement with Berger Partnership PS for Springwood Park Renovation Design and 2.25.22 Terry Jungman and Kerry O’Connor City of Kent Proposal for Landscape Architectural Services – Springwood Park Page 2 of 8 30% Complete Design and RCO Grant Application In this phase, we will prepare plans for the park that define the layout and finishes. The plans will also show grading, drainage, and landscape treatments. These documents are the next phase in the development of the park and can be used as part of the RCO grant submittal. Specific services include: • Prepare a schedule for the project including assistance with the submittal to RCO. • Conduct code research and establish project permit requirements. • Review topographic survey and determine if additional survey information is needed. • Prepare a base layout drawing. • Prepare drawings for inclusion in the project document set. These may include: Cover Sheet Site Survey TESC Plan Site Preparation Plan Materials Plan Layout Plan Grading and Drainage Plan Utilities Plan Planting Plan/Irrigation Diagram Design Details • Prepare an outline of specifications. • Update estimate of probable cost of construction. • Attend three meetings with city staff to review progress and deliverables. • Provide plan set for review and input. • Make corrections and respond to review comments. • Provide quality control review of documents. • Coordinate document set with RCO presentation. • Attend pre-application meeting at or near the end of the 30% design phase. • Prepare graphic materials for outreach to the community. This may include selection of play equipment or other park finishes. • Provide project administration. Deliverables • Schematic Design Plan Set • Cost Estimate • Graphics and materials for outreach 8.G.a Packet Pg. 134 Attachment: Consultant Services Agreement (3106 : Agreement with Berger Partnership PS for Springwood Park Renovation Design and 2.25.22 Terry Jungman and Kerry O’Connor City of Kent Proposal for Landscape Architectural Services – Springwood Park Page 3 of 8 60% Design We will establish the character for the park, determine the materials, and establish layout and location of all park features. Our work will begin with reconciling the master plan with the budget. Once the features from the master plan to be implemented are determined, we will proceed with the preparation of plans and draft specifications. Regulatory Code and Permit Review • Review the project for code compliance and note or realign the design as necessary. • Compile list of required permits. Review permit requirements and duration of permit approval process and add to project schedule. Schedule • Confirm a project schedule including dates for document review, permit submittal, DD phase, CD phase, bidding, and construction. General • Prepare a drawing set that locates and describes the improvements. Drawing set to include: Survey Site Preparation Plan Layout Plans Restroom Plans and Elevations Picnic Shelter Plans and Elevations Grading and Drainage Plan Utility – Water Supply Lighting and Electrical Plan Irrigation Plan Planting Plan Details in sketch and image format • Prepare water quality calculations and determine stormwater treatment/detention needs. • Prepare a stormwater report. • Review existing geotechnical information and provide recommendation for infiltration and pavement sections. • Review city standard general conditions. Provide input as necessary • Prepare outline specifications in CSI format. • Submit plans and written materials for review. • Respond to review comments; revise plans, specifications, and cost estimates as required. • Prepare one 60% Design cost estimate. • Attend three meetings with the city and design team. 8.G.a Packet Pg. 135 Attachment: Consultant Services Agreement (3106 : Agreement with Berger Partnership PS for Springwood Park Renovation Design and 2.25.22 Terry Jungman and Kerry O’Connor City of Kent Proposal for Landscape Architectural Services – Springwood Park Page 4 of 8 • Provide project administration. Deliverables • 60% Design Documents • Outline Specifications • 60% Design Cost Estimate • Stormwater Report Permitting/Approvals We will provide the services necessary for obtaining approvals for construction. Permits may include clearing and grading, building, and environmental. • Building Permits – Shelter • Site Development • SEPA Checklist • Demolition • Utility Permits – Water • Electrical (through state L&I) Specific services include: • Schedule and attend a pre-application meeting (during 60% Design). • Prepare documents for submittal review and approval including notes and calculations. • Prepare necessary forms and paperwork for permit submittal. • Arrange and attend intake meeting with the City of Kent permit center. • The city will develop a project-level SEPA checklist with support from the design team as needed. • Submit plans to the City of Kent. • Review comments and provide written responses and plan revisions. Response and revision time for permitting is limited to 12 hours. Additional time will be billed on an hourly basis. Deliverables • Permit Documents 8.G.a Packet Pg. 136 Attachment: Consultant Services Agreement (3106 : Agreement with Berger Partnership PS for Springwood Park Renovation Design and 2.25.22 Terry Jungman and Kerry O’Connor City of Kent Proposal for Landscape Architectural Services – Springwood Park Page 5 of 8 90% and 100% Design Upon approval from Parks, Construction Documents will be prepared. Specific services include the following: • Respond to comments on the 60% Design documents. • Prepare a drawing set that locates and describes the improvements. Drawing set to include: Survey Site Preparation Plan Temporary Erosion Control Plan Layout Plans Site Details Grading and Drainage Plans Drainage Details and Calculations Utility Plan – Water Supply Electrical and Lighting Plans, and Details Irrigation Plan Irrigation Details and Schedules Planting Plan Planting Details and Schedules • Prepare Construction Specifications in CSI format with city standard general conditions. CSI documents will be a special provision to the city standard. • Submit draft Construction Documents and meet with Parks staff to review plans and specifications. • Respond to review comments; revise plans, specifications, and cost estimates as required. • Prepare an update of the cost estimate. • Attend three meetings with Parks staff and the design team. • Provide project administration. Deliverables • 90% Documents • 90% Design - Construction Documents • Specifications • 90% Design - Construction Cost Estimate • 100% Documents • 100% Design Construction Documents and Estimate 8.G.a Packet Pg. 137 Attachment: Consultant Services Agreement (3106 : Agreement with Berger Partnership PS for Springwood Park Renovation Design and 2.25.22 Terry Jungman and Kerry O’Connor City of Kent Proposal for Landscape Architectural Services – Springwood Park Page 6 of 8 Bid Administration We will provide the following support services during the bidding and negotiation of the site work. • Prepare bid packages using format provided by the city, including a detailed baseline project schedule. • Submit bid packages to Parks for review. • Prepare documents for bid and provide digital documents for posting. • Conduct a pre-bid meeting. • Review and respond to bidder questions with input from the owner. • Prepare bid addenda, if required. Construction Administration We will make visits to the project site to observe construction of the elements in our scope of work as follows: • Lead preconstruction meeting and prepare meeting notes. • Lead weekly construction meetings for a total of 32 meetings; prepare meeting notes and track issues. Assumes eight months for construction. • Review submittals and shop drawings. • Review, coordinate, and monitor contractor schedule. • Review and verify contractor pay application. • Prepare modification proposals and change orders for approval by the city. • Conduct walk-through, prepare punchlist, and confirm substantial completion. • Conduct back check of punchlist and confirm physical completion. • Review contractor as-builts. • Obtain maintenance manuals, operating manuals, equipment brochures, and material brochures from contractor. • Provide project administration. Deliverables • Construction meeting notes within two days of meeting • Obtain three copies of maintenance manuals from the contractor and provide within two weeks of final acceptance. • Contractor as-builts Assumptions • Drawings will be provided on our title block with signature block as required by the City of Kent. 8.G.a Packet Pg. 138 Attachment: Consultant Services Agreement (3106 : Agreement with Berger Partnership PS for Springwood Park Renovation Design and 2.25.22 Terry Jungman and Kerry O’Connor City of Kent Proposal for Landscape Architectural Services – Springwood Park Page 7 of 8 • Specifications will be prepared in CSI format and included with city standard as a special provision. • We will support the bid process led by the city and will follow established protocols utilizing established forms and standards. The city will advertise the project for bid. • Meetings and site visits in addition to those indicated will be billed on an hourly basis. • Geotechnical engineering services are not included at this time. If they are discovered to be necessary, we will obtain a proposal for approval prior to proceeding. • Site utilities: Water and electricity are available on site or in the right of way adjacent to the site. Stormwater will be treated on site prior to release. • Fees for permits and bid announcements will be paid by the City of Kent and are not included. • The city will prepare and negotiate contracts with the successful lowest responsible bidder. • Construction testing services will be provided by the City of Kent. • Construction duration is assumed to be eight months (32 weeks). Fees for services beyond this duration will be provided on an hourly basis or by approved scope and fee. • Site information in the form of a topographic/boundary survey will be provided by the City of Kent. • Meetings in addition to those indicated will be billed on an hourly basis. • RCO grant application support will be completed under a separate contract. Fees Based on the scope of services identified at this time, we have established a fee for landscape architectural services as follows: 30% Design $30,965.00 60% Design/Permitting $50,220.00 90% and 100% Design $32,015.00 Bid Administration $10,900.00 Construction Administration $60,380.00 Subtotal $184,480.00 KPFF $66,350.00 Mazzetti $14,750.00 ESA $29,105.00 Design 2426 $13,750.00 Subtotal $123,955.00 Mark-up $12,395.00 Subtotal $136,350.00 TOTAL $320,830.00 8.G.a Packet Pg. 139 Attachment: Consultant Services Agreement (3106 : Agreement with Berger Partnership PS for Springwood Park Renovation Design and 2.25.22 Terry Jungman and Kerry O’Connor City of Kent Proposal for Landscape Architectural Services – Springwood Park Page 8 of 8 Reimbursable Expenses $4,000.00 Fees will be billed monthly based upon the percentage of work completed. Services beyond those noted in this proposal will be billed as additional services on an hourly basis as follows, or lump sum fees can be negotiated: Principal $215.00 per hour Associate $170.00 per hour Project Manager $140.00 per hour Landscape Architectural Staff $115.00 per hour Administrative Staff $100.00 per hour Printing, reprographic expenses, CAD plots, travel costs, and other reimbursable expenses will be billed at cost plus a 10% administrative mark-up and are included in the proposed fee. All accounts are due in ten days. Invoices not paid within 30 days of invoice date will be subject to late charges of 1% per month. If payment for services is not received within 90 days of the invoice date, all subsequent services and/or issuance of documents may be postponed until receipt of payment, unless special arrangements are made prior to providing the services. If you have questions, would like more information, or wish to make any modifications, please do not hesitate to contact us. We are looking forward to our continuing work on Springwood Park. Sincerely, Berger Partnership PS Greg Brower, PLA Principal 8.G.a Packet Pg. 140 Attachment: Consultant Services Agreement (3106 : Agreement with Berger Partnership PS for Springwood Park Renovation Design and EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant’s profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 8.G.a Packet Pg. 141 Attachment: Consultant Services Agreement (3106 : Agreement with Berger Partnership PS for Springwood Park Renovation Design and EXHIBIT B (Continued ) 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than 2,000,000 per claim. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. 8.G.a Packet Pg. 142 Attachment: Consultant Services Agreement (3106 : Agreement with Berger Partnership PS for Springwood Park Renovation Design and EXHIBIT B (Continued ) F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. 8.G.a Packet Pg. 143 Attachment: Consultant Services Agreement (3106 : Agreement with Berger Partnership PS for Springwood Park Renovation Design and DATE: April 19, 2022 TO: Kent City Council SUBJECT: Agreement with EarthCorps for Mill Creek Canyon Trail Repair - Authorize MOTION: I move to authorize the Mayor to sign an agreement with EarthCorps in the amount of $192,036, for trail repair in Mill Creek Canyon, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: This contract will build on the success of the initial phase of trail work completed in Mill Creek Canyon in 2021. This second phase will include additional trail brushing, tread improvements in wet sections of the trail, general trail maintenance, and construction of a trail reroute around the washout that occurred in November of 2021. BUDGET IMPACT: Expense impact to Mill Creek Canyon Trail Renovation capital budget SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Contract agreement (PDF) 04/07/22 Parks and Human Services Committee RECOMMENDED TO COUNCIL 8.H Packet Pg. 144 RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 4/19/2022 7:00 PM MOVER: Satwinder Kaur, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Zandria Michaud, Satwinder Kaur, Toni Troutner 8.H Packet Pg. 145 AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 1 (City of Kent and EarthCorps – Mill Creek Canyon Park Trail) AGREEMENT FOR PARK TRAIL RESTORATION SERVICES between City of Kent and EarthCorps THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and EarthCorps, a Washington public benefit corporation, located and doing business at 6310 NE 74th Street, Suite 201E, Seattle, WA 98115-8168 (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. The Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Phase Two trail, vegetation, and environmental repair work of the Mill Creek Canyon Trail within Mill Creek Canyon Park, including area of 2021 trail washout, in accordance with the 3/7/2022 Scope of Work attached and incorporated as Exhibit A. The Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. This Agreement is being entered into pursuant to RCW 35.21.278 and RCW 79A.35.130, which allows the City to enter into contracts with community service organizations to provide maintenance improvements to parks, surface water facilities, and environmentally sensitive areas without regard to competitive bidding for public works, or statutory rates of compensation for environmental and trail maintenance work performed by conservation corps programs offered by nonprofit organizations affiliated with a national service organization established under the authority of the National and Community Service Trust Act of 1993, P.L. 103-82. Contractor represents and affirms that the work it is performing under this Agreement meets the exceptions provided for by RCW 35.21.278 and RCW 79A.35.130. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above within 30 calendar days after the City issues its Notice to Proceed. Upon the effective date of this Agreement, all physical work shall thereafter be completed by 12/31/2022. The term of this Agreement shall continue until all work has been completed, final acceptance has occurred, and all Contractor obligations have been fulfilled. III. COMPENSATION. A. The City shall pay the Contractor, based on time and materials, a total amount not to exceed $192,035.87, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this Agreement. The Contractor agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one year from the effective date of this Agreement. The Contractor’s billing rates shall be as delineated in Exhibit A. 8.H.a Packet Pg. 146 Attachment: Contract agreement (3107 : Agreement with EarthCorps for Mill Creek Canyon Trail Repair) AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 2 (City of Kent and EarthCorps – Mill Creek Canyon Park Trail) B. The Contractor shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt od an invoice. If the City objects to all or any portion of an invoice, it shall notify the Contractor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. C. Card Payment Program. The Contractor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Contractor. If the Contractor voluntarily participates in this Program, the Contractor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Contractor shall not charge those fees back to the City. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which the Contractor’s services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Contractor’s services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Contractor’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Contractor’s possession pertaining to this project, which may be used by the City without restriction. If the City’s use of the Contractor’s records or data is not related to this project, it shall be without liability or legal exposure to the Contractor. VI. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, the Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine 8.H.a Packet Pg. 147 Attachment: Contract agreement (3107 : Agreement with EarthCorps for Mill Creek Canyon Trail Repair) AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 3 (City of Kent and EarthCorps – Mill Creek Canyon Park Trail) the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by the Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Contractor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Contractor. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. 8.H.a Packet Pg. 148 Attachment: Contract agreement (3107 : Agreement with EarthCorps for Mill Creek Canyon Trail Repair) AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 4 (City of Kent and EarthCorps – Mill Creek Canyon Park Trail) FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR’S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Upon acceptance of the contract work, the Contractor must provide the City a one-year warranty bond in a form and amount acceptable to the City. The Contractor shall correct all defects in workmanship and materials within one (1) year from the date of the City’s acceptance of the Contract work. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. 8.H.a Packet Pg. 149 Attachment: Contract agreement (3107 : Agreement with EarthCorps for Mill Creek Canyon Trail Repair) AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 5 (City of Kent and EarthCorps – Mill Creek Canyon Park Trail) The Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. The Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. 8.H.a Packet Pg. 150 Attachment: Contract agreement (3107 : Agreement with EarthCorps for Mill Creek Canyon Trail Repair) AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 6 (City of Kent and EarthCorps – Mill Creek Canyon Park Trail) D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, the Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. / / / / 8.H.a Packet Pg. 151 Attachment: Contract agreement (3107 : Agreement with EarthCorps for Mill Creek Canyon Trail Repair) AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 7 (City of Kent and EarthCorps – Mill Creek Canyon Park Trail) IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: By: Print Name: Its DATE: CITY OF KENT: By: Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONTRACTOR: Attn: Whitney Bowman EarthCorps 6310 NE 74th Street, Suite 201E Seattle, WA 98115 (206) 322-9296 (telephone) whitney@earthcorps.org (email) NOTICES TO BE SENT TO: CITY OF KENT: Attn: Bryan Higgins City of Kent Parks, Recreation, and Community Services Department 220 Fourth Avenue South Kent, WA 98032 (253) 856-5113 (telephone) bhiggins@kentwa.gov (email) ATTEST: __________________________________ Kent City Clerk APPROVED AS TO FORM: Kent Law Department 8.H.a Packet Pg. 152 Attachment: Contract agreement (3107 : Agreement with EarthCorps for Mill Creek Canyon Trail Repair) Equal Employment Opportunity – Certification Documents - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of _____ , 2022. By: _______________________________________________ For: _______________________________________________ Title: ______________________________________________ Date: _____________________________________________ 8.H.a Packet Pg. 153 Attachment: Contract agreement (3107 : Agreement with EarthCorps for Mill Creek Canyon Trail Repair) Equal Employment Opportunity – Certification Documents - 2 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 8.H.a Packet Pg. 154 Attachment: Contract agreement (3107 : Agreement with EarthCorps for Mill Creek Canyon Trail Repair) Equal Employment Opportunity – Certification Documents - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200___. By: _______________________________________________ For: _______________________________________________ Title: ______________________________________________ Date: _____________________________________________ 8.H.a Packet Pg. 155 Attachment: Contract agreement (3107 : Agreement with EarthCorps for Mill Creek Canyon Trail Repair) Scope of Work: Mill Creek Canyon Trail Bypass Prepared for: Bryan Higgins Parks Planning and Development 220 Fourth Ave South Kent, WA 98032 Tel: 253-856-5113 Email: BHiggins@kentwa.gov March 7, 2022 EarthCorps 6310 NE 74th St, Suite 201E Seattle, WA 98115 www.earthcorps.org EarthCorps © 2022 All rights reserved EXHIBIT A8.H.a Packet Pg. 156 Attachment: Contract agreement (3107 : Agreement with EarthCorps for Mill Creek Canyon Trail Repair) Scope of work: Mill Creek Canyon Trail Bypass NARRATIVE SCOPE OF WORK EarthCorps and the City of Kent have partnered to revitalize the Mill Creek Canyon Trail in Mill Creek Earth Works Park. The revitalization project's primary goal is to enhance the existing trail through sustainable trail design, enabling long-term success and reduce the need for frequent maintenance. A sustainable trail will protect the surrounding environments, meet the users' needs and expectations, and require little maintenance. This scope of work is considered phase two of a larger trail revitalization plan and will focus on the first 2 miles of the Mill Creek Canyon trail as well as the 2021 washout reroute. Phase two will include maintaining the trail corridor that was brushed in 2021, bringing the trail to the outlined trail standards noted in the trail standard document. Phase two also includes, continued structural installations of the phase one construction plan. Structures have been prioritized based on budgetary needs and are outlined below. In winter of 2021, a significant washout occurred in one of the steepest areas of Mill Creek Canyon effectively eliminating a 30-40 foot section of the main trail. After assessing the washout area for a sustainable reroute or structural solutions, EarthCorps is recommending that the trail bypasses this area by constructing a new trail out of the canyon and at the least temporarily connects to the American Legion Hall Property (see attached map and link below). From this location trail users may reenter the canyon on the trail constructed by EarthCorps in 2021. https://earthcorps.maps.arcgis.com/home/item.html?id=c0f08f8259c54200839ed67640cf 2c60 All trail work will align with the trail standards provided by EarthCorps February of 2021. 8.H.a Packet Pg. 157 Attachment: Contract agreement (3107 : Agreement with EarthCorps for Mill Creek Canyon Trail Repair) Scope of work: Mill Creek Canyon Trail Bypass Tasks 1. Priority phase two Trail work Feature Priority Ranking Point Number Existing bridge replaced with turn pike 2 2 Check steps 3 5 Turnpike steps 3 9 Outslope logs 3 10 Check steps/stump work 1 15 General Tread maintenance 1 n/a Brushing 1 n/a Phase 1 switchback check step replacement 1 21 2. Switchback installation a. Switchbacks will be reinforced with crib walls and box steps structures Structure Estimate Switch Backs ~350 linear feet Crib wall ~255 linear feet Box steps ~50 steps *Structures are subject to change due to onsite conditions EarthCorps will provide the following: • An assigned project manager to coordinate with the City of Kent, schedule crews, and ensure project goals/ objectives are met. • Basic hand tools along with access to power tools (mechanical wheel barrows, saws etc.) • Personal Protective Equipment and procedures for the use of tools and mitigating the spread of the COVID 19 virus. • Safety signage and personnel when actively working on the trail. • Training and education in trail construction and design, leadership and community communication. • Workers’ compensation, health insurance, and related taxes. • Washington Labor & Industries documentation • Administrative/ payroll and human resource services. 8.H.a Packet Pg. 158 Attachment: Contract agreement (3107 : Agreement with EarthCorps for Mill Creek Canyon Trail Repair) Scope of work: Mill Creek Canyon Trail Bypass Agency will provide the following: • Access to the site • Any necessary permits to perform work SCHEDULE Task Month Notes Task 2: Phase 2 trail work Spring-fall 2022 Exact dates will be provided once finalized. Crew days:22 Contingency:5 Total:27 Task2: Bypass trail installation Spring – early summer 2022 Exact dates will be provided once finalized. Crew days: 30 Contingency: 5 Total: 35 BUDGET 8.H.a Packet Pg. 159 Attachment: Contract agreement (3107 : Agreement with EarthCorps for Mill Creek Canyon Trail Repair) Scope of work: Mill Creek Canyon Trail Bypass Fee Schedule: Crew day including crew leader- $1,792.25/day An EarthCorps Crew Day is a 9-hour day that includes load, unload, and transportation time to and from the worksite and tools needed to complete project tasks. In addition, crews are trained in trail construction and maintenance, erosion control and prevention, ecological restoration, and the safe operation of hand and power tools. An EarthCorps crew includes a trained crew leader who leads the crew and acts as an onsite communication liaison and is trained in specialized equipment and vehicle use, such as three-ton dump trucks. Project Manager - $85/hr An EarthCorps Project manager collaborate with agency partners to design ecological restoration and trail construction projects. They coordinate communication and logistics to ensure crews are equipped with the knowledge and skills to perform the requested tasks. In addition, they provide updates and project status reports. Lastly, they adaptively manage projects to ensure the project's goals and objects meet the agency partner's satisfaction. Specialized tools 3- ton truck and 4 x 4 pickup truck fee- $95/day – billed upon use as needed Specialized tools, such as impact hammer & miter saw- $90/day – billed upon use as needed Material cost, disposal fees and equipment rentals – billed upon receipt EARTHCORPS BACKGROUND EarthCorps is a non-profit organization founded in 1993 with a mission to build a global community of leaders through local environmental service. EarthCorps provides a year- long intensive program for young adults from the US and 80 other countries to learn best practices in ecological restoration, trail construction and maintenance and develop their leadership skills through hands on experiences. Global Leadership Based in Seattle, Washington, EarthCorps brings together emerging environmental leaders from more than 60 countries to work on projects in the Puget Sound region and Cascade Mountains. As part of EarthCorps' intensive hands-on curriculum, they learn multiple restoration and trail construction techniques, try out project design and management, develop leadership and team-building skills, and help manage thousands of local volunteers on projects. 8.H.a Packet Pg. 160 Attachment: Contract agreement (3107 : Agreement with EarthCorps for Mill Creek Canyon Trail Repair) Scope of work: Mill Creek Canyon Trail Bypass EARTHCORPS PROJECT LEAD: Whitney Bowman, Field Operations Manager Tel: 206-420-5587 Email: whitney@earthcorps.org 8.H.a Packet Pg. 161 Attachment: Contract agreement (3107 : Agreement with EarthCorps for Mill Creek Canyon Trail Repair) Mill Creek Revitalization Phase 2 County of King, Bureau of Land Management, Esri Canada, Esri, HERE, Garmin, INCREMENT P, Intermap, USGS, METI/NASA, EPA, USDA, EagleView Technologies, Inc. 5/18/2021 0 0.1 0.20.05 mi 0 0.15 0.30.07 km Legend 8.H.a Packet Pg. 162 Attachment: Contract agreement (3107 : Agreement with EarthCorps for Mill Creek Canyon Trail Repair) EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 8.H.a Packet Pg. 163 Attachment: Contract agreement (3107 : Agreement with EarthCorps for Mill Creek Canyon Trail Repair) EXHIBIT B (Continued ) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it. 2. The Contractor’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. 8.H.a Packet Pg. 164 Attachment: Contract agreement (3107 : Agreement with EarthCorps for Mill Creek Canyon Trail Repair) DATE: April 19, 2022 TO: Kent City Council SUBJECT: Resolution Expressing Intent to Explore De-annexation of the “Bridges,” in Order for the Property to be Annexed to the City of Auburn pursuant to RCW 35.10.217(2) - Adopt MOTION: I move to adopt Resolution No. 2038, expressing the Council’s intent to explore the de-annexation of the “Bridges” neighborhood in order for the property to be annexed to the City of Auburn pursuant to RCW 35.10.217(2). SUMMARY: RCW 35.10.217(2) authorizes the legislative body of a city, on its own initiative by resolution, to indicate its desire to be annexed to a city in whole or in part, which annexation shall become effective upon the adoption of a resolution by the other city concurring in the annexation. The neighborhood known as the “Bridges,” is a community located on Lea Hill that constitutes the municipal limits of the City of Kent. However, the Bridges is entirely surrounded by the City of Auburn. Some community members have shown an interest in the de-annexation of the Bridges from Kent and annexation to Auburn, and Kent and Auburn have been discussing the potential for this de-annexation and annexation since 2019. Some portions of the Bridges remain undeveloped, which is cause to consider transferring regulatory and infrastructure authority and responsibilities to the City of Auburn. With this resolution, staff for each city will more formally explore community interest in de-annexation of the Bridges from Kent and annexation to Auburn. The cities will ask the homeowners association and other stakeholders whether they support annexation to Auburn, and staff will report the results to each respective City Council. Moreover, the cities of Auburn and Kent are committed to coordinating and cooperating with respect to any issues that affect the cities, and will collaborate on all information and communication shared with the public. Contemporaneous with the Kent City Council’s consideration of this Resolution, the Auburn City Council is considering this same expression of intent to explore annexation/de-annexation. In the event de-annexation and annexation move 9.A Packet Pg. 165 forward, the cities will follow the resolution process set forth in RCW 35.10.217. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. Resolution of Annexation (PDF) 9.A Packet Pg. 166 1 Intent to Explore De-Annexation to Auburn Resolution RESOLUTION NO. 2038 A RESOLUTION of the City Council of the City of Kent, Washington, expressing the intent to explore the de-annexation of certain property currently located within the City of Kent, known as the “Bridges,” in order for the property to be annexed to the City of Auburn, pursuant to RCW 35.10.217(2). RECITALS A. RCW 35.10.217(2) authorizes the legislative body of a city, on its own initiative by resolution, to indicate its desire to be annexed to a city in whole or in part, which annexation shall become effective upon the adoption of a resolution by the other city concurring in the annexation; B. The neighborhood known as the “Bridges,” (hereinafter “Subject Property”) is a community located on Lea Hill that is within the municipal limits of the City of Kent but is entirely surrounded by the City of Auburn. The Subject Property is denoted in Exhibit A. C. Some community members have shown an interest in the de- annexation of the Subject Property from Kent and annexation of the Subject Property to Auburn consistent with discussions that have occurred between the cities of Kent and Auburn from 2019 to present; 9.A.a Packet Pg. 167 Attachment: Resolution of Annexation (3123 : Resolution Expressing Intent to Explore De-annexation of the "Bridges," in Order for the 2 Intent to Explore De-Annexation to Auburn Resolution D. The cities of Auburn and Kent have been working together and will continue to work collaboratively to ensure that the Bridges infrastructure meets appropriate regulatory requirements and maintenance standards if the property is annexed to Auburn; E. Some portions of the Subject Property remain undeveloped, which is cause to consider transferring regulatory and infrastructure authority and responsibility to the City of Auburn given that the Subject Property is surrounded by Auburn residents; F. The City Council desires that representatives of the cities of Kent and Auburn formally explore community interest in de-annexation of the Subject Property from Kent and annexation to Auburn by asking the Living at Bridges Homeowners Association, along with other stakeholders, whether members support annexation of the Subject Property to Auburn, with the results to be reported to each respective City Council; G. In connection with such annexation/de-annexation, the cities of Auburn and Kent hereby commit to coordinate and cooperate with respect to any issues that affect the cities, along with collaborating on all information and communication shared with the public; H. Contemporaneous with the City Council’s consideration of this Resolution, the City of Auburn is considering this same expression of intent to explore annexation/de-annexation because of the mutual benefits to both cities and their common infrastructure needs; I. In the event de-annexation and annexation move forward, the cities will follow the resolution process set forth in RCW 35.10.217. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 9.A.a Packet Pg. 168 Attachment: Resolution of Annexation (3123 : Resolution Expressing Intent to Explore De-annexation of the "Bridges," in Order for the 3 Intent to Explore De-Annexation to Auburn Resolution RESOLUTION SECTION 1. – Recitals Incorporated. The above Recitals are incorporated into this Resolution and constitute findings of the Kent City Council. SECTION 2. – Resolution of Intent. The City Council of the City of Kent directs City staff to explore community interest in the de-annexation of the Subject Property from Kent and annexation to Auburn, with the results to be reported to the City Council. SECTION 3. - Mayor Authority. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this resolution, including directing appropriate staff to work with the City of Auburn and other stakeholders in the Subject Property. SECTION 4. – Severability. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this resolution and the same shall remain in full force and effect. SECTION 5. – Corrections by City Clerk. Upon approval of the city attorney, the city clerk is authorized to make necessary corrections to this resolution, including the correction of clerical errors; resolution, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 6. – Effective Date. This resolution shall take effect and be in force immediately upon its passage. 9.A.a Packet Pg. 169 Attachment: Resolution of Annexation (3123 : Resolution Expressing Intent to Explore De-annexation of the "Bridges," in Order for the 4 Intent to Explore De-Annexation to Auburn Resolution DANA RALPH, MAYOR Date Approved ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted APPROVED AS TO FORM: TAMMY WHITE, ACTING CITY ATTORNEY 9.A.a Packet Pg. 170 Attachment: Resolution of Annexation (3123 : Resolution Expressing Intent to Explore De-annexation of the "Bridges," in Order for the