HomeMy WebLinkAboutCity Council Committees - Operations and Public Safety Committee - 08/16/2022 (2)
Operations and Public Safety
Committee
Tuesday, August 16, 2022
4:00 PM
Chambers
To listen to this meeting,
call 1-888-475-4499 or 1-877-853-5257
and enter Meeting ID 897 2158 5577, Passcode: 039148
Chair Bill Boyce
Councilmember Brenda Fincher Councilmember Satwinder Kaur
Councilmember Marli Larimer Councilmember Zandria Michaud
Councilmember Les Thomas Councilmember Toni Troutner
**************************************************************
Item Description Action Speaker Time
1. Call to Order Chair
2. Roll Call Chair
3. Agenda Approval Chair
4. Business Chair
A. Approval of Minutes
Approval of August 2, 2022
Minutes
YES Chair 01 MIN.
B. Payment of Bills - Authorize YES Paula Painter 01 MIN.
C. Consolidating Budget
Adjustment Ordinance for
Adjustments between April
1, 2022 and June 30, 2022
- Adopt
YES Michelle Ferguson 05 MIN.
D. Redesignate Remaining
ARPA Flex Fund Allocation
for Commercial Affordability
Projects: City Allocation -
Authorize
YES Bill Ellis 05 MIN.
E. ARPA Grant Recipient
Agreement with Project
Feast - Authorize
YES Bill Ellis 05 MIN.
F. Ordinance Restricting the YES Tammy White 10 MIN.
Operations and Public Safety Committee CC Ops and
PS Regular Meeting
August 16, 2022
Sale of Aerosol Paint
Containers - Adopt
G. Ordinance Prohibiting
Solicitation of Occupants of
Vehicles - Adopt
YES Tammy White 10 MIN.
H. Ordinance Prohibiting the
Unlawful Use of Dangerous
Drugs in Public Places -
Adopt
YES Tammy White 10 MIN.
I. INFO ONLY: Priority
Prosecution Program
NO Michele Walker 10 MIN.
5. Adjournment Chair
The public may submit written public comments that relate to a committee agenda item by emailing:
cityclerk@kentwa.gov by 3:30 p.m. on the day of this committee meeting. After 3:30 p.m., written
public comments may only be submitted in person by presenting them to the committee secretary at
the public meeting. Written public comments that do not relate to a committee agenda item are not
permitted. Written public comments are not read into the record.
Unless otherwise noted, the Operations and Public Safety Committee meets at 4 p.m. on the first and
third Tuesday of each month in the Kent City Hall, Council Chambers, 220 Fourth Avenue South, Kent,
WA 98032
For additional information please contact Kim Komoto at 253-856-5728, or email
Kkomoto@kentwa.gov.
Any person requiring a disability accommodation should contact the City Clerk’s Office at 253 -856-
5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1.
Page 1 of 5
Pending Approval
Operations and Public Safety
Committee
CC Ops and PS Regular Meeting
Minutes
August 2, 2022
Date: August 2, 2022
Time: 4:00 p.m.
Place: Chambers
Members: Bill Boyce, Chair
Brenda Fincher, Councilmember
Satwinder Kaur, Councilmember
Marli Larimer, Councilmember
Zandria Michaud, Councilmember
Les Thomas, Councilmember
Toni Troutner Councilmember
Agenda:
1. Call to Order 4:00 p.m.
Council President Boyce called the meeting to order.
2. Roll Call
Attendee Name Title Status Arrived
Bill Boyce Chair Present
Brenda Fincher Councilmember Present
Satwinder Kaur Councilmember Present
Marli Larimer Councilmember Present
Zandria Michaud Councilmember Present
Les Thomas Councilmember Present
Toni Troutner Councilmember Present
3. Agenda Approval
No changes.
4. Business
A. Approval of Minutes
Approval of Minutes dated July 19, 2022
MOTION: Move to approve the Minutes dated July 19, 2022
Packet Pg. 3 Minutes Acceptance: Minutes of Aug 2, 2022 4:00 PM (Approval of Minutes)
Operations and Public Safety Committee CC Ops
and PS Regular Meeting
Minutes
August 2, 2022
Kent, Washington
Page 2 of 5
RESULT: APPROVED [UNANIMOUS]
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner
B. Payment of Bills - Approve
MOTION: I move to approve the payment of bills.
RESULT: MOTION PASSES [UNANIMOUS] Next: 8/16/2022 7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner
C. INFO ONLY: Equity Strategic Plan Update
Uriel Varela, Race and Equity Manager provided information on the Equity
Strategic Plan relating to citywide training and community engagement.
The City will provide anti-racist and culturally-relevant training, along with
other topics that foster constructive communication and cross-cultural
understanding for city representatives and the broader community.
Community engagement: The City of Kent engages in relationship building
through ongoing dialogue, outreach and inclusion, cente4ring racial equity in
its approach.
Action items for training include:
1. Employees will complete yearly, mandatory training
2. The Equity and Inclusion Speaker Series will continue
3. City will reinstate the Cultural Conversations program
4. Employees will receive training on the City’s Language Access Plan & Title VI
plan
5. Community engagement best practices to be developed
Community Interest: Social media event
1. The Equity & Inclusion Speaker series will provide public presentations and
workshops free of charge
2. The City will partner with community groups to provide a streamlined, inn-
language, Kent 101 program.
Area of focus: Community Engagement
The Goal: The City of Kent engages in relationship building through ongoing
dialogue, outreach, and inclusion, centering racial equity in its approach.
Varela reviewed the community indicators, actions, timeline, accountability,
Packet Pg. 4 Minutes Acceptance: Minutes of Aug 2, 2022 4:00 PM (Approval of Minutes)
Operations and Public Safety Committee CC Ops
and PS Regular Meeting
Minutes
August 2, 2022
Kent, Washington
Page 3 of 5
performance measures and timeframe for progress reports.
Action items for community engagement include:
1. The City will analyze procurement process using equity lens & recommend
actionable steps to diversify contracting
2. City will publish disaggregated Women & Minority-owned business and
Community Based Organizations contract data
3. City staff will participate in local Minority Business Expos
4. The Parks Department will analyze cultural arts programs using equity lens &
recommend actionable steps to diversify community offerings
5. City Departments will continue to provide community members the
opportunity to co-design city-wide strategic plans.
6. REDI office will create a co-designing planning and implementation toolkit for
all city departments.
Varela advised the next step is to meet with the Executive Leadership Team
and staff members regarding meeting action items. The plan is to return to
Council for the adoption of the plan in the fall.
D. Purchase and Sale Agreement for Ruth Property at Clark Lake -
Authorize
Deputy Parks Director, Brian Levenhagen provided the Council with details on
the purchase of the Ruth property at Clark Lake.
Levenhagen indicated the Ruth property contacted the City and detailed a
timeline that would allow for the City to purchase the property. This purchase
will complete the Clark Lake Park assemblage. Once purchased, the City will
be able to complete the trail around the entire park.
Levenhagen detailed the sources of funding to purchase this property and
also advised the City will preserve an acre of the property for a potential
indoor facility.
Preserve acre for indoor facility.
Levenhagen advised that after the sale is closed, the seller anticipates
making a significant donation to the City.
MOTION: I move to authorize the Mayor to take all action necessary
and sign all documents to purchase the Ruth property, located at
12410 SE 248th Street, Kent, Washington 98030, for $7,200,000,
plus closing costs, and subject to final purchase terms and conditions
acceptable to the Parks Director and City Attorney.
Packet Pg. 5 Minutes Acceptance: Minutes of Aug 2, 2022 4:00 PM (Approval of Minutes)
Operations and Public Safety Committee CC Ops
and PS Regular Meeting
Minutes
August 2, 2022
Kent, Washington
Page 4 of 5
RESULT: MOTION PASSES [UNANIMOUS] Next: 8/2/2022 5:00 PM
MOVER: Zandria Michaud, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner
E. Re-adoption of Laws and Regulations Adopted by Reference –
Emergency Ordinance – Adopt
Tammy White, Acting City Attorney provided an overview of the emergency
ordinance re-adopting, ratifying, and confirming all provisions adopted by
reference in Title 9 of the Kent City Code, including the crime of cyber-
harassment, and amending the code to clarify the filing obligations for future
adoptions by reference under RCW 35A.12.140.
Under state law, the City of Kent is responsible for prosecuting adult
misdemeanants who violate the law within the city limits of Kent. In adopting
its criminal code, the City largely relies on crimes defined by the state
legislature. However, in order to prosecute those crimes in Kent Municipal
Court, the City must adopt them into the Kent City Code. This adoption
occurs by referencing the state laws and indicating Council’s intent that those
laws be enforced in Kent through its municipal court.
An allegation was recently made that failing to maintain in print, directly in
the City Clerk’s Office, a copy of all laws adopted by reference affects the
City’s ability to enforce the law. While the Clerk’s and public’s access to the
RCW should be sufficient to satisfy the requirement that a copy be filed in the
Office of the City Clerk, the City elects to re-adopt the various statutes,
codes, and regulations previously adopted by reference in Title 9 of the Kent
City Code, and to confirm and ratify all actions taken in reliance on that
previous adoption and consistent with this ordinance.
MOTION: I move to declare an emergency and adopt Ordinance No.
4437, re-adopting, ratifying, and confirming all provisions adopted by
reference in Title 9 of the Kent City Code, including the crime of
cyber-harassment, and amending the code to clarify the filing
obligations for future adoptions by reference under RCW 35A.12.140.
RESULT: MOTION PASSES [UNANIMOUS] Next: 8/2/2022 5:00 PM
SECONDER: Les Thomas, Toni Troutner
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner
F. INFO ONLY: Kent School District School Resource Officer and Liaison
Contract Renewals
Chief Padilla informed the Council on the contract extensions with the Kent
School District for two full time school resources officers.
Packet Pg. 6 Minutes Acceptance: Minutes of Aug 2, 2022 4:00 PM (Approval of Minutes)
Operations and Public Safety Committee CC Ops
and PS Regular Meeting
Minutes
August 2, 2022
Kent, Washington
Page 5 of 5
The initial term was for the 2021-2022 school years that allowed for
extensions of five successive years.
This is being presented to the Council as an information only item, there is
no action required.
G. INFO ONLY: June 2022 Financial Report
Financial Planning Manager, Michelle Ferguson provided the June 2022
Monthly Financial Report.
Ferguson provided details on sales tax, utility tax and other revenues, in
addition to details on other revenues and expenditures, including the
unemployment fund.
Revenues are coming in better than budget and it is anticipated to continue
through the end of 2022.
5. Adjournment 4:27 p.m.
Council President Boyce adjourned the meeting.
The public may submit written public comments that relate to a committee agenda item by emailing:
cityclerk@kentwa.gov by 3:30 p.m. on the day of this committee meeting. After 3:30 p.m., written
public comments may only be submitted in person by presenting them to the committee secretary at
the public meeting. Written public comments that do not relate to a committee agenda item are not
permitted. Written public comments are not read into the record.
Unless otherwise noted, the Parks and Human Services Committee meets at 4 p.m. on the first and
third Tuesday of each month in the Kent City Hall, Council Chambers East, 220 Fourth Avenue South,
Kent, WA 98032.
For additional information please contact Kim Komoto at 253-856-5728, or email
Kkomoto@kentwa.gov.
Any person requiring a disability accommodation should contact the City Clerk’s Office at 253 -856-
5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1.
Packet Pg. 7 Minutes Acceptance: Minutes of Aug 2, 2022 4:00 PM (Approval of Minutes)
FINANCE DEPARTMENT
Paula Painter, CPA
220 Fourth Avenue South
Kent, WA 98032
253-856-5264
DATE: August 16, 2022
TO: Operations and Public Safety Committee
SUBJECT: Payment of Bills - Authorize
MOTION: I move to authorize the payment of bills.
SUMMARY:
BUDGET IMPACT:
4.B
Packet Pg. 8
FINANCE DEPARTMENT
Paula Painter, CPA
220 Fourth Avenue South
Kent, WA 98032
253-856-5264
DATE: August 16, 2022
TO: Operations and Public Safety Committee
SUBJECT: Consolidating Budget Adjustment Ordinance for Adjustments
between April 1, 2022 and June 30, 2022 - Adopt
MOTION: I move to adopt Ordinance No. 4439, consolidating budget
adjustments made between April 1, 2022 and June 30, 2022, reflecting an
overall budget increase of $16,463,769.
SUMMARY: Authorization is requested to approve the technical gross budget
adjustment ordinance reflecting an overall budget increase of $16,463,769.
Adjustments totaling $11,159,990 have previously been approved by Council and
are summarized as follows:
$11,059,990 in grants as follows:
· $6,415,680 in Puget Sound Regional Council grants for the South
218th/98th project ($4.9m) from 94th Place South to South 216th Street
and South 212th Preservation Green River Bridget to Orillia Road/City
limits project ($1.5m).
· $3,226,880 Department of Ecology Grant for the Downy Farmstead
project for side channel restorations.
· $1,163,590 Department of Transportation Grant to create rectangular
rapid flashing beacons as part of the 2021-23 Pedestrian & Bicycle Safety
Program.
· $149,900 Transportation Alternatives Program Grant for the Meeker
Street-Kent Elementary project.
· $103,940 in public safety grants including a 2021 Justice Assistance Grant
($45k), 2021-22 Walker-Roller Grant ($28k), Washington Office of Public
Defense Grant ($25k) and 2022 Police Department Mini-Grant ($5k).
$100,000 in Parks Department carryforward budgets that were previously
authorized in 2020.
The remaining adjustments totaling $5,303,779 have not been previously approved
by Council. Highlights include:
· $2,350,000 for the transfer ($1.175m) and use ($1.175m) of Street Sign
Replacement fund balance for the 240th Hogan Park Sidewalks and Reith
Road Roundabout projects.
· $1,520,000 for a settlement agreement.
4.C
Packet Pg. 9
· $1,107,510 correction to the 2016 Limited Tax General Obligation
Refunding debt service budget.
· $230,000 transfer of the Public, Educational, and Government Fees
project from the Information Technology Capital Project Fund to the Other
Capital Project Fund.
· $195,000 reallocation of Residential Street funds to the 2022 Contracted
Overlays project.
· $20,410 use of Business and Occupation Sidewalk funds for the Titus Park
Sidewalks project.
· $(119,141) in reductions due to Liability Insurance Adjustments ($110k)
and Community Development Block Grant true-ups ($8k).
BUDGET IMPACT: These expenditures are funded by grants, existing fund
balance, or other new revenues.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Budget Adjustment Ordinance Q2 2022 Supp (PDF)
4.C
Packet Pg. 10
1 2021-2022 Budget Adjustment
Second Quarter 2022
ORDINANCE NO. 4439
AN ORDINANCE of the City Council of the
City of Kent, Washington, approving the
consolidating budget adjustments made between
April 1, 2022 and June 30, 2022, reflecting an
overall budget increase of $16,463,769.
RECITALS
A. Expenditures as classified in the final, adopted budget
constitute the City’s appropriations for that year. After adoption, there are
a variety of events that will precipitate the need to amend the adopted
budget, such as grant awards, bonds issuance, collective bargaining
agreements and additional budget requests. These modifications are
periodically consolidated into a supplemental budget adjustment ordinance
amending the original adopted budget.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Budget Adjustments. The 2021-2022 biennial budget
is amended to include budget fund adjustments for the second quarter of
2022 from April 1, 2022 to June 30, 2022, as summarized and set forth in
Exhibit A, which is attached and incorporated into this ordinance. Except as
4.C.a
Packet Pg. 11 Attachment: Budget Adjustment Ordinance Q2 2022 Supp (3240 : Consolidating Budget Adjustment Ordinance for Adjustments between April
2 2021-2022 Budget Adjustment
Second Quarter 2022
amended by this ordinance, all terms and provisions of the 2021-2022
biennial budget Ordinance No. 4381, as amended by Ordinance Nos. 4404,
4411, 4413, 4419, 4421 and 4429, shall remain unchanged.
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 five days after publication, as provided by law.
September 6, 2022
DANA RALPH, MAYOR Date Approved
ATTEST:
September 6, 2022
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
September 9, 2022
Date Published
APPROVED AS TO FORM:
TAMMY WHITE, ACTING CITY ATTORNEY
4.C.a
Packet Pg. 12 Attachment: Budget Adjustment Ordinance Q2 2022 Supp (3240 : Consolidating Budget Adjustment Ordinance for Adjustments between April
Fund Title Previously
Approved
Approval
Requested
Total
Adjustment
Ordinance
General Fund 125,250 1,329,650 1,454,900
Settlement Agreement - 1,637,090 1,637,090
Criminal Justice Fund 78,690 (580) 78,110
Housing & Community Development Fund - (8,371) (8,371)
Non-Voted Debt Service Fund - 1,107,510 1,107,510
Street Capital Projects 7,729,170 1,339,660 9,068,830
Parks Capital Projects - 20,410 20,410
Other Capital Projects - 192,040 192,040
Facilities Capital Projects - (302,040) (302,040)
Water Operating Fund - 19,130 19,130
Sewerage Operating Fund - 11,790 11,790
Drainage Operating Fund 3,226,880 (64,540) 3,162,340
Golf Operating Fund - 4,590 4,590
Fleet Services Fund - 1,630 1,630
Central Services Fund - 440 440
Facilities Management Fund - 15,370 15,370
Total 11,159,990 5,303,779 16,463,769
Exhibit A
City of Kent
Budget Adjustment Ordinance
Adjustments April 1, 2022 to June 30, 2022
4.C.a
Packet Pg. 13 Attachment: Budget Adjustment Ordinance Q2 2022 Supp (3240 : Consolidating Budget Adjustment Ordinance for Adjustments between April
Approval
Date or
Other Fund
Previously
Approved by
Council
Not Previously
Approved by
Council
Total
Adjustment
Ordinance
General Fund
Parks 2020 Carryforward 2020 100,000 100,000
Settlement Agreement 1,520,000 1,520,000
WA Office of Public Defense Grant KCC 3.70 25,250 25,250
Liability Insurance Adjustment (190,350) (190,350)
Total General Fund 125,250 1,329,650 1,454,900
Street Fund
Liability Insurance Adjustment 11,750 11,750
Transfer B&O Sidewalk funds for Titus Park Sidewalks Project 20,410 20,410
Reduce B&O Sidewalk budget to transfer to Parks Capital 3200 (20,410) (20,410)
Reallocate Unallocated B&O Funds 3100 640,340 640,340
Reduce Residential Streets to transfer to 2022 Contracted Overlays (195,000) (195,000)
Transfer Residential Streets to 2022 Contracted Overlays 3100 195,000 195,000
Reallocate B&O Lifecycle for 2022 Contracted Overlays 3100 (190,000) (190,000)
Transfer of Street Sign Replacement Fund Balance for Projects 3100 1,175,000 1,175,000
Total Street Fund - 1,637,090 1,637,090
Criminal Justice Fund
Liability Insurance Adjustment (580) (580)
2021-2022 Walker-Roller Grant KCC 3.70 28,200 28,200
2022 PD Mini-Grant KCC 3.70 4,970 4,970
2021 JAG Funding KCC 3.70 45,520 45,520
Total Criminal Justice Fund 78,690 (580) 78,110
Housing & Community Development Fund
True up CDGB Funds (8,371) (8,371)
Total Housing & Community Development Fund - (8,371) (8,371)
Non-Voted Debt Service Fund
Correct 2016 LTGO Refunding 1,107,510 1,107,510
Total Non-Voted Debt Service Fund - 1,107,510 1,107,510
Street Capital Projects
TAP Grant for Meeker Street-Kent Elementary Project 5/17/2022 149,900 149,900
DOT Grant for 21-23 Ped/Bicycle Safety Program 8/17/2021 1,163,590 1,163,590
PSRC Grant for South 218th/98th Project 6/22/2021 4,915,680 4,915,680
PSRC Grant for South 212th Preservation GRB 5/17/2022 1,500,000 1,500,000
Reallocate Unallocated B&O Funds 1100 (640,340) (640,340)
Reallocate Drainage Funds to 2022 Contracted Overlays 4400 80,000 80,000
Reallocate Meeker Funds to MMOM 64th Avenue Project 3300 340,000 340,000
Reallocate B&O Lifecycle Funds for 2022 Contracted Overlays 1100 190,000 190,000
Reallocate Residential Streets Funds for 2022 Contracted Overlays 1100 195,000 195,000
Use of Street Sign Replacement Fund Balance for Projects 1100 1,175,000 1,175,000
Total Street Capital Projects Fund 7,729,170 1,339,660 9,068,830
Parks Capital Projects
Use of Streets B&O Sidewalk funds for Titus Park Sidewalks Project 1100 20,410 20,410
Total Parks Capital Projects - 20,410 20,410
Other Capital Projects
Move Printshop Upgrade Project from Facilities to Other Capital 3500 302,040 302,040
Move PEG Fees from IT Project to Other Capital 3400 230,000 230,000
Reallocate Meeker Funds to MMOM 64th Avenue Project 3100 (340,000) (340,000)
Total Other Capital Projects Fund - 192,040 192,040
Technology Capital Projects
Reduce budgeted PEG expenses to transfer to other capital 3300 (230,000) (230,000)
Transfer PEG funds to other capital 3300 230,000 230,000
Total Technology Capital Projects Fund - - -
Facilities Capital Projects
Move Printshop Upgrade Project from Facilities to Other Capital 3300 (302,040) (302,040)
Total Facilities Capital Projects - (302,040) (302,040)
Water Operating Fund
Liability Insurance Adjustment 19,130 19,130
Total Water Operating Fund - 19,130 19,130
Budget Adjustment Detail for Budget Changes
April 1, 2022 to June 30, 2022
4.C.a
Packet Pg. 14 Attachment: Budget Adjustment Ordinance Q2 2022 Supp (3240 : Consolidating Budget Adjustment Ordinance for Adjustments between April
Approval
Date or
Other Fund
Previously
Approved by
Council
Not Previously
Approved by
Council
Total
Adjustment
Ordinance
Budget Adjustment Detail for Budget Changes
April 1, 2022 to June 30, 2022
Sewerage Operating Fund
Liability Insurance Adjustment 11,790 11,790
Total Sewerage Operating Fund - 11,790 11,790
Drainage Operating Fund
Liability Insurance Adjustment 15,460 15,460
DOE Grant for Downy Farmstead 1/18/2022 3,226,880 3,226,880
Reallocate Drainage Funds to 2022 Contracted Overlays (80,000) (80,000)
Total Drainage Operating Fund 3,226,880 (64,540) 3,162,340
Golf Operating Fund
Liability Insurance Adjustment 4,590 4,590
Total Golf Operating Fund - 4,590 4,590
Fleet Services Fund
Liability Insurance Adjustment 1,630 1,630
Total Fleet Services Fund - 1,630 1,630
Central Services Fund
Liability Insurance Adjustment 440 440
Total Central Services Fund - 440 440
Facilities Management Fund
Liability Insurance Adjustment 15,370 15,370
Total Facilities Management Fund - 15,370 15,370
Grand Total All Funds 11,159,990 5,303,779 16,463,769
4.C.a
Packet Pg. 15 Attachment: Budget Adjustment Ordinance Q2 2022 Supp (3240 : Consolidating Budget Adjustment Ordinance for Adjustments between April
ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
Kurt Hanson, AICP, EDFP
220 Fourth Avenue South
Kent, WA 98032
253-856-5454
DATE: August 16, 2022
TO: Operations and Public Safety Committee
SUBJECT: Redesignate Remaining ARPA Flex Fund Allocation for
Commercial Affordability Projects: City Allocation - Authorize
MOTION: I move to authorize the redesignation of the remaining FlexFund
American Rescue Plan Act allocation in the amount of $1.1 million for
commercial affordability projects and work with Community Development
Financial Institution partners to support Black, Indigenous, and people of
color businesses and developers in Kent.
SUMMARY: A number of notable changes have taken place since the City allocated
$2.75 million of American Rescue Plan Act (ARPA) funding to the FlexFund in 2021.
These changes mean that more capital and assistance for Kent businesses will be
made available in coming years. Among other efforts:
• The state legislature put in place several new programs for small business
supports with their own ARPA funds.
• The state FlexFund, and state plans for “FlexFund 2.0” mean more capital for
Kent businesses will be made available in coming years.
• $10 billion nationally in new federal financial support from the “State Small
Business Credit Initiative” will benefit Community Development Financial
Institutions (CDFIs) working in Washington state.
• The Department of Commerce announced a $34.5 million “Small Business
Innovation Fund” to support new ideas for Black, Indigenous, and people of
color (BIPOC) business programs that have potential to advance initiatives in
King County and Kent particularly.
Access to capital remains an impediment for BIPOC business owners and
developers, particularly in the upfront phases of tenant improvement and
predevelopment costs. Because partnership with community development financial
institutions (CDFIs) remains a ‘best practice’ to counter wealth equity gaps,
Economic Community Development staff recommends transferring $1.1 million from
the Council’s original $2.75 million Flex Fund to other projects administered by
CDFIs that focus upon improving local “commercial affordability” issues separate
from on-going lending programs.
4.D
Packet Pg. 16
An earlier commercial (un)affordability presentation to Council referenced possible
strategies to address this challenge including investments in BIPOC entrepreneur
capital funds, technical assistance for permitting, land use approvals, and tenant
improvements. The challenges for non-profits and local businesses to afford
commercial real estate improvements in Kent’s downtown business district have
been presented and shared with Council. The special challenges faced by BIPOC
entrepreneurs scaling their food industry businesses facing the challenges of scarce
and unaffordable commercial kitchen space has also been presented to ECDC and
Council. Commercial affordability investment strategies could complement and help
to address these particular problems.
This redesignation does not authorize the signing of any contracts. Any contracts
entered into that spend these funds will be processed in accordance with the
authority and approvals required by Ch. 3.70 KCC.
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.
4.D
Packet Pg. 17
ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
Kurt Hanson, AICP, EDFP
220 Fourth Avenue South
Kent, WA 98032
253-856-5454
DATE: August 16, 2022
TO: Operations and Public Safety Committee
SUBJECT: ARPA Grant Recipient Agreement with Project Feast -
Authorize
MOTION: I move to authorize the Mayor sign an ARPA Grant Agreement
with Project Feast, in an amount not to exceed $160,836, subject to final
terms acceptable to the Economic and Community Development Director
and City Attorney.
SUMMARY: Project Feast is a non-profit organization that operates Café Ubuntu, a
teaching kitchen and restaurant in Kent’s historic downtown for refugees and
immigrants. The restaurant lies within a federal-qualified census tract that is known
to be disproportionately impacted by the Coronavirus. Project Feast focuses on the
non-profit’s recovery of direct customer training experiences. Project Feast was
ineligible for nearly all previous rounds of federal pandemic assistance (Economic
Injury Disaster Loans, Paycheck Protection Program, etc.). However, the number of
refugees they serve in our community is anticipated to grow in the next two years.
An award of American Rescue Plan Act (ARPA) grant funds to Project Feast would
allow them to expand programming and offset impacts suffered by their
organization over the previous two years due to Coronavirus induced restrictions.
If the grant agreement is approved by Council at its Operations and Public Safety
Committee meeting tonight, it will also proceed to the full City Council tonight on
the Consent Calendar portion of its agenda.
BUDGET IMPACT: $165,000 has been budgeted.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. Grant Recipient Agreement (PDF)
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Grant Recipient Agreement – Exhibit 1
FEDERAL TERMS
In case of conflict between these Federal Terms and the Agreement, the following order
of priority shall be utilized: (1) Federal Terms, and (2) Agreement.
1. Grantee understands and agrees that funds provided under this Agreement may come
from a federal source and agrees to comply with any and all additional applicable terms.
A. Grantee Capacity. Grantee agrees and confirms that it has the institutional,
managerial and financial capacity to ensure proper planning, management and
completion of the work detailed in the Scope of Work (Exhibit 2).
B. Technical Assistance. If, at any time, Grantee believes its capacity is compromised
or Grantee otherwise needs any sort of assistance, it shall immediately notify the
City. The City will make best efforts to provide timely technical assistance to
Grantee to bring Grantee into compliance.
C. Compliance with Act. Grantee understands and agrees that funds provided under
the Agreement may only be used in compliance with section 603(c) of the Social
Security Act (the “Act”), as added by section 9901 of the American Rescue Plan Act
(“ARPA”), the U.S. Department of Treasury’s (“Treasury’s”) regulations
implementing that section, and guidance issued by Treasury regarding the
foregoing.
D. Definitions. The term “Grantee” shall refer to an individual or entity who receives
funds from the City, but shall not include a “Subrecipient,” as defined in 2 C.F.R.
200.1 and as determined in the City’s sole discretion.
2. Agreement Requirements and Incorporated Exhibits.
Grantee shall meet the requirements included in the Agreement and in the following
attached exhibits, each of which is incorporated into the Agreement by reference:
A. Scope of Eligible Expenditures. Grant funds may only be used to pay or reimburse
eligible expenditures as described in the Agreement, these Federal Terms (Exhibit
1), and Scope of Work (Exhibit 2). No grant funds may be used to pay or reimburse
costs cannot be used for expenditures for which Grantee has received any other
funding, whether state, federal or private in nature, for that same expense.
B. Grantee Certifications. Prior to any disbursement of funds authorized by this
Agreement, Grantee shall provide the City with: Cost Certification (Exhibit 3), Civil
EXHIBIT NAME NUMBER
Federal Terms Exhibit 1
Scope of Work Exhibit 2
Cost Certification Exhibit 3
Civil Rights Certification Form Exhibit 4
Lobbying Certification Form Exhibit 5
Lobbying Disclosure Form (if activity occurs) Exhibit 6
City EEO Compliance Documents Exhibit 7
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Packet Pg. 19 Attachment: Grant Recipient Agreement (3251 : Contract with a disproportionately impacted Kent non-profit, Project Feast, with American
Rights Certification Form (Exhibit 4), the Lobbying Certification Form (Exhibit 5),
and, if activity occurs, the Lobbying Disclosure Form (Exhibit 6).
C. Reports. Grantee shall provide the City with additional information and
documentation upon request, including completing any reports deemed necessary
for the City to comply with documentation, reporting, or audit requirements.
3. Access to Records. The Treasury Office of Inspector General and the Government
Accountability Office, or their authorized representatives, shall have the right of access to
records (electronic and otherwise) of Grantee in order to conduct audits or other
investigations.
4. Uniform Guidance Compliance.
A. Remedial Actions. In the event of Grantee’s noncompliance with section 603(c) of
the Act, Treasury’s regulations implementing that section, guidance issued by
Treasury regarding the foregoing, or any other applicable federal laws or
regulations, Treasury may take available remedial actions as set forth in 2 C.F.R.
200.339.
B. Recoupment.
1. Grantee agrees that it is financially responsible for and will repay the City any
and all indicated amounts following an audit exception which occurs due to
Grantee’s failure, for any reason, to comply with the terms of the Agreement.
This duty to repay the City shall not be diminished or extinguished by the
termination of the Agreement.
2. In the event of a violation of section 603(c) of the Act, the funds shall be
subject to recoupment by the City.
3. Any funds paid to Grantee (1) in excess of the amount to which Grantee is
authorized to retain under the terms of the Agreement; (2) that are
determined by the Treasury Office of Inspector General to have been
misused; (3) are determined by Treasury to be subject to a repayment
obligation pursuant to section 603(e) of the Act; or (4) are otherwise subject to
recoupment by the City, and have not been repaid by Grantee to the City
shall constitute a debt to the City.
4. Any debts determined to be owed the City must be paid promptly by Grantee.
A debt is delinquent if it has not been paid by the date specified in the City’s
initial written demand for payment, unless other satisfactory arrangements
have been made or if the City knowingly or improperly retains funds that are a
debt. The City will take any actions available to it to collect such a debt.
C. Return of Unused Funds. If Grantee has any unspent funds on hand as of the
earlier of December 31, 2024, or the termination of this Agreement, Grantee shall
return all unspent funds to the City within ten (10) calendar days.
5. Disclaimer.
A. The United States expressly disclaims any and all responsibility or liability to
Grantee or third persons for the actions of Grantee or third persons resulting in
death, bodily injury, property damages, or any other losses resulting in any way
from the performance of this award or any other losses resulting in any way from
the performance of this grant or any contract, or subcontract under this grant.
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Packet Pg. 20 Attachment: Grant Recipient Agreement (3251 : Contract with a disproportionately impacted Kent non-profit, Project Feast, with American
B. The acceptance of this grant by Grantee does not in any way establish an agency
relationship between the United States and Grantee.
6. Protection for Whistleblowers.
A. In accordance with 41 U.S.C. § 4712, Grantee may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the
list of persons or entities provided below, information that the employee reasonably
believes is evidence of gross mismanagement of a federal contract or grant, a gross
waste of federal funds, an abuse of authority relating to a federal contract or grant,
a substantial and specific danger to public health or safety, or a violation of law,
rule, or regulation related to a federal contract (including the competition for or
negotiation of a contract) or grant.
B. The list of persons and entities referenced in the paragraph above includes the
following:
1. A member of Congress or a representative of a committee of Congress;
2. An Inspector General;
3. The Government Accountability Office;
4. A Treasury employee responsible for contract or grant oversight or
management;
5. An authorized official of the Department of Justice or other law enforcement
agency;
6. A court or grand jury; or
7. A management official or other employee of Grantee, contractor, or
subcontractor who has the responsibility to investigate, discover, or address
misconduct.
C. Grantee shall inform its employees in writing of the rights and remedies provided
under this section, in the predominant native language of the workforce.
7. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62
FR 19217 (Apr. 18, 1997), Grantee is encouraged to adopt and enforce on-the-job seat
belt policies and programs for its their employees when operating company-owned, rented
or personally owned vehicles.
8. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR
51225 (October 6, 2009), Grantee is encouraged to adopt and enforce policies that ban
text messaging while driving, and to establish workplace safety policies to decrease
accidents caused by distracted drivers
9. False Statements. Grantee understands that making false statements or claims in
connection with this Agreement may be a violation of federal law and may result in
criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages
and penalties, debarment from participating in federal or City awards or contracts, and/or
any other remedy available by law.
10. Applicable Laws.
A. The Agreement shall be governed by and construed in accordance with the laws of
the State of Washington.
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Packet Pg. 21 Attachment: Grant Recipient Agreement (3251 : Contract with a disproportionately impacted Kent non-profit, Project Feast, with American
B. Grantee agrees to comply with the requirements of section 603 of the Act, the
Treasury’s regulations implementing that section, and guidance issued by Treasury
regarding the foregoing. Grantee also agrees to comply with all other applicable
federal laws, regulations, and executive orders, and Grantee shall provide for such
compliance by other parties in any agreements it enters into with other parties
relating to this Agreement.
C. Federal regulations applicable to this grant may include, without limitation, the
following:
1. Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, 2 C.F.R. Part 200, including the following:
a. Subpart A, Acronyms and Definitions;
b. Subpart B, General Provisions;
c. Subpart C, Pre-Federal Award Requirements and Contents of Federal
Awards;
d. Subpart D, Post-Federal Award Requirements;
e. Subpart E, Cost Principles; and
f. Subpart F, Audit Requirements.
2. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part
25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part
25 is hereby incorporated by reference.
3. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part
170, pursuant to which the award term set forth in Appendix A to 2 C.F.R.
Part 170 is hereby incorporated by reference.
4. OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement
to include a term or condition in all lower tier covered transactions (contracts
and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is
subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31
C.F.R. Part 19.
5. Grantee Integrity and Performance Matters, pursuant to which the award term
set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated
by reference.
6. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
7. New Restrictions on Lobbying, 31 C.F.R. Part 21.
8. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
(42 U.S.C. §§ 4601-4655) and implementing regulations.
9. Generally applicable federal environmental laws and regulations.
C. Statutes and regulations prohibiting discrimination applicable to this award include,
without limitation, the following:
1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and
Treasury’s Implementing regulations at 31 C.F.R. Part 22, which prohibit
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Packet Pg. 22 Attachment: Grant Recipient Agreement (3251 : Contract with a disproportionately impacted Kent non-profit, Project Feast, with American
Grant Recipient Agreement - Exhibit 2
SCOPE OF WORK
Grantee, a non-profit that serves refugees and immigrants in King County from a location within a
qualified census tract (Full Tract Number 53033029203; or 292.03 in King County), has long operated
Café Ubuntu—a direct service culinary and restaurant trade training restaurant in Kent’s historic
downtown. Due to Covid-19, the non-profit suffered extraordinary, disproportionate impacts from
operating a kitchen and direct customer service due to pandemic induced restrictions on operations.
As Grantee seeks to recover and build back, it will recruit, hire, and train a new General Manager (GM)
to join its staff and add capacity for job training. This additional position will allow the Executive Director
to step back from general operations of the kitchen (duties she assumed due to the impacts of the
pandemic) and re-focus attention on the administrative needs of the non-profit such as development,
strategic planning, and partnership building. Grantee will also hire and train a part-time outreach
coordinator to recruit new apprentices to its program. Recent renovations opened Café Ubuntu’s
commissary kitchen space to allow for more workstations, and so Grantee plans to increase the number
of apprentices by at least 20% (from 10 apprentices in 2021 to 12 in 2022 and 15 in 2023). The outreach
coordinator will research new markets and promote its programs to these communities.
A new GM will grow Grantee’s impact as a social venture that trains immigrants and refugees in the
culinary arts. Further, a new GM will allow for full re-opening of Café Ubuntu’s dine-in services and
increase its catering jobs, as well as sustain and grow the Community Meals food assistance program,
which serves communities disproportionally impacted by the pandemic by providing free meals to food
banks, homeless shelters, and newly resettled refugees. With a dedicated GM to sustain and grow
kitchen operations, the Executive Director can work with the outreach coordinator to grow Grantee’s
community impact in a variety of ways:
• Increase the number of participants enrolled in its culinary apprenticeship program where
apprentices gain 400 hours of hands-on training;
• Grow and strengthen Grantee’s partnerships to provide job placement assistance and other
wrap-around resources to apprentices;
• Increase the number of people served. Grantee’s additional kitchen member can increase the
numbers of meals prepared for the food assistance program. This program currently serves
approximately 150 people weekly in South King County, mostly people of color and/or
immigrants and refugees, all food-insecure and a portion of them homeless or in transitional
housing. Each meal costs approximately $12, including packaging and labor. Plans are to
increase weekly numbers of meals served to 250 under the General Manager.
Reporting
To track progress, Grantee will submit the following information in quarterly reports:
• Number of apprentices participating; hours of tutelage per apprentice; demographic
information concerning apprentices;
• Number of people served through the food assistance program; GM contribution of hours to
food assistance program. Reports will identify communities served that were disproportionately
impacted by the pandemic;
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Packet Pg. 23 Attachment: Grant Recipient Agreement (3251 : Contract with a disproportionately impacted Kent non-profit, Project Feast, with American
• Time the executive director spends on supervision and training of GM as compared to
apprentices;
• Updates on outreach and partnership building, including narrative on any significant
developments.
Invoicing
Grantee will submit the above quarterly reports and any required documents establishing expenses
related to:
• Salary and benefits for General Manager;
• Percentage of salary for Executive Director for supervising of the General Manager;
• Hourly wage for part-time Outreach Coordinator (up to 20 hours a week).
Budget
Item Amt Y1 % Total Amt Y2 % Total
General Manager Salary $ 55,000 100 $ 55,000 $ 57,750 100 $ 57,750
GM Benefits $ 4200 100 $ 4200 $ 4,200 100 $ 4200
ED Supervising of GM $ 73,830 10 $ 7383 $ 77,522 10 $ 7752
Outreach Coordinator, P/T, Year 2 $ 23,000 100 $ 23,000
TOTAL $ 66,583 $ 94,253
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Packet Pg. 24 Attachment: Grant Recipient Agreement (3251 : Contract with a disproportionately impacted Kent non-profit, Project Feast, with American
discrimination on the basis of race, color, or national origin under programs
or activities receiving federal financial assistance;
2. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§
3601 et seq.), which prohibits discrimination in housing on the basis of race,
color, religion, national origin, sex, familial status, or disability;
3. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794),
which prohibits discrimination on the basis of disability under any program or
activity receiving federal financial assistance;
4. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et
seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which
prohibit discrimination on the basis of age in programs or activities receiving
federal financial assistance; and
5. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C.
§§ 12101 et seq.), which prohibits discrimination on the basis of disability
under programs, activities, and services provided or made available by state
and local governments or instrumentalities or agencies thereto.
D. Hatch Act. Grantee agrees to comply, as applicable, with requirements of the
Hatch Act (5 U.S.C.§§ 1501-1508 and 7324-7328), which limits certain political
activities of federal employees, as well as certain other employees who work in
connection with federally funded programs.
E. Grantee agrees to comply with the Prohibition on Providing Funds to the Enemy (2
C.F.R. 183).
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Packet Pg. 25 Attachment: Grant Recipient Agreement (3251 : Contract with a disproportionately impacted Kent non-profit, Project Feast, with American
Grant Recipient Agreement – Exhibit 3
COST CERTIFICATION
I certify that:
1. I have authority and approval from the governing body on behalf of ______________________
(“Grantee”) to accept proceeds from the City of Kent (the “City”) per the Agreement by and between
the City and Grantee from the City’s allocation of the Coronavirus State Local Fiscal Recovery Fund
(“CLFR”) as created by the American Rescue Plan Act of 2021, Section 9901 (“ARPA”) for eligible
expenditures included on the corresponding invoice voucher for report period March 3, 2021 through
December 31, 2024.
2. I understand that as additional federal guidance becomes available, an amendment to the Contract
between the City and Grantee may become necessary and agree to execute necessary amendments.
3. I understand the City will rely on this certification as a material representation in processing
reimbursements or payment requests.
4. I understand the Grantee receiving funds pursuant to this certification shall retain documentation of
all uses of the funds, including but not limited to invoices and/or sales receipts in a manner consistent
with §200.333 Retention requirements for records of 2 CFR 200 Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Such
documentation shall be produced to the City upon request and may be subject to audit by the State
Auditor.
5. I understand any funds provided pursuant to this certification cannot be used for expenditures for
which Grantee has received any other funding whether state, federal or private in nature, for that
same expense.
I hereby certify that I have read the above certification, and that the information and my statements
provided herein by me are true and correct to the best of my knowledge, and by my signature on this
document, acknowledge my understanding that any intentional or negligent misrepresentation or
falsification of any of the information in this document could subject me to punishment under federal
and/or civil liability and/or in criminal penalties, including but not limited to fine or imprisonment or both
under Title 18, United States Code, Sec. 1001, et seq. and punishment under federal law.
_____________________________ ______________________________
Printed Name Signature
_____________________________ ______________________________
Title Date
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Packet Pg. 26 Attachment: Grant Recipient Agreement (3251 : Contract with a disproportionately impacted Kent non-profit, Project Feast, with American
Grant Recipient Agreement – Exhibit 4
CIVIL RIGHTS CERTIFICATION FORM
The funds provided to the grantee named below (hereinafter referred to as the “Grantee”) are available
under section 603 of the Social Security Act, as added by section 9901 of the American Rescue Plan Act.
Grantee understands and acknowledges that:
As a condition of receipt of federal financial assistance from the Department of the Treasury, with
monies distributed through the City of Kent, Grantee provides the assurances stated herein. The
federal financial assistance may include federal grants, loans and contracts to provide assistance to
Grantee, the use or rent of Federal land or property at below market value, Federal training, a loan
of Federal personnel, subsidies, and other arrangements with the intention of providing assistance.
Federal financial assistance does not encompass contracts of guarantee or insurance, regulated
programs, licenses, procurement contracts by the Federal government at market value, or programs
that provide direct benefits.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of
the operations of Grantee’s program(s) and activity(ies), so long as any portion of Grantee’s
program(s) or activity(ies) is federally assisted in the manner prescribed above
Grantee certifies the following:
1. Grantee ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as
amended, which prohibits exclusion from participation, denial of the benefits of, or subjection
to discrimination under programs and activities receiving federal financial assistance, of any
person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et
seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22
and other pertinent executive orders such as Executive Order 13166, directives, circulars,
policies, memoranda, and/or guidance documents.
2. Grantee acknowledges that Executive Order 13166, “Improving Access to Services for Persons
with Limited English Proficiency,” seeks to improve access to federally assisted programs and
activities for individuals who, because of national origin, have Limited English proficiency (LEP).
Grantee understands that denying a person access to its programs, services, and activities
because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil
Rights Act of 1964 and the Department of the Treasury’s implementing regulations. Accordingly,
Grantee shall initiate reasonable steps, or comply with the Department of the Treasury’s
directives, to ensure that LEP persons have meaningful access to its programs, services, and
activities. Grantee understands and agrees that meaningful access may entail providing
language assistance services, including oral interpretation and written translation where
necessary, to ensure effective communication in Grantee’s programs, services, and activities.
3. Grantee agrees to consider the need for language services for LEP persons when Grantee
develops applicable budgets and conducts programs, services, and activities. As a resource, the
Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information
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on taking reasonable steps to provide meaningful access for LEP persons, please visit
http://www.lep.gov.
4. Grantee acknowledges and agrees that compliance with the assurances constitutes a condition
of continued receipt of federal financial assistance and is binding upon Grantee and its
successors, transferees, and assignees for the period in which such assistance is provided.
5. Grantee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits Grantees of
federal financial assistance from excluding from a program or activity, denying benefits of, or
otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C.
§ 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31
CFR Part 22, which are herein incorporated by reference and made a part of this contract (or
agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any
program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as
implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and
herein incorporated by reference and made a part of this contract or agreement.
6. Grantee understands and agrees that if any real property or structure is provided or improved
with the aid of federal financial assistance by the Department of the Treasury, this assurance
obligates Grantee, or in the case of a subsequent transfer, the transferee, for the period during
which the real property or structure is used for a purpose for which the federal financial
assistance is extended or for another purpose involving the provision of similar services or
benefits. If any personal property is provided, this assurance obligates the Contractor for the
period during which it retains ownership or possession of the property.
7. Grantee shall cooperate in any enforcement or compliance review activities by the Department
of the Treasury of the aforementioned obligations. Enforcement may include investigation,
arbitration, mediation, litigation, and monitoring of any settlement agreements that may result
from these actions. Grantee shall comply with information requests, on-site compliance reviews
and reporting requirements.
8. Grantee shall maintain a complaint log and inform the Department of the Treasury of any
complaints of discrimination on the grounds of race, color, or national origin, and limited English
proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and
provide, upon request, a list of all such reviews or proceedings based on the complaint, pending
or completed, including outcome. Grantee also must inform the Department of the Treasury if
Contractor has received no complaints under Title VI.
9. Grantee must provide documentation of an administrative agency’s or court’s findings of non-
compliance of Title VI and efforts to address the non-compliance, including any voluntary
compliance or other agreements between the Contractor and the administrative agency that
made the finding. If Grantee settles a case or matter alleging such discrimination, Grantee must
provide documentation of the settlement. If Grantee has not been the subject of any court or
administrative agency finding of discrimination, please so state.
10. The United States of America has the right to seek judicial enforcement of the terms of this
assurances document and nothing in this document alters or limits the federal enforcement
measures that the United States may take in order to address violations of this document or
applicable federal law.
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I hereby certify that I have read and understood the obligations described above, that Grantee is in
compliance with the above-described nondiscrimination requirements, and by my signature on this
document, acknowledge my understanding that any intentional or negligent misrepresentation or
falsification of any information submitted in conjunction with this document could subject me to
punishment under federal, civil liability and/or in criminal penalties, including but not limited to fine
or imprisonment or both under Title 18, United States Code, Sec. 1001, et seq. and punishment under
federal law.
_____________________________ ______________________________
Printed Name Signature
_____________________________ ______________________________
Title Date
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Packet Pg. 29 Attachment: Grant Recipient Agreement (3251 : Contract with a disproportionately impacted Kent non-profit, Project Feast, with American
Grant Recipient Agreement – Exhibit 5
LOBBYING CERTIFICATION FORM
The undersigned certifies, to the best of the undersigned’s knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions, as
attached.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
I hereby certify that I have read the above certification, and that the information and my statements
provided herein by me are true and correct to the best of my knowledge, and by my signature on this
document, acknowledge my understanding that any intentional or negligent misrepresentation or
falsification of any of the information in this document could subject me to punishment under federal
and/or civil liability and/or in criminal penalties, including but not limited to fine or imprisonment or both
under Title 18, United States Code, Sec. 1001, et seq. and punishment under federal law.
_____________________________ ______________________________
Printed Name Signature
_____________________________ ______________________________
Title Date
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31 CFR Subtitle A (7–1–06 Edition) Pt. 21, App. B
APPENDIX B TO PART 21—DISCLOSURE FORM TO REPORT LOBBYING
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Office of the Secretary of the Treasury Pt. 21, App. B
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31 CFR Subtitle A (7–1–06 Edition) Pt. 21, App. B
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EEO COMPLIANCE DOCUMENTS - 1 of 3
Grant Recipient Agreement – Exhibit 7
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 Grantee 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 Grantee 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 Grantee 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 Grantee, 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 Grantee, that the
Grantee complied with the requirements as set forth above.
By signing below, I agree to fulfill the five requirements referenced above.
By: _______________________________________________________
For: _______________________________________________________
Title: ______________________________________________________
Date: ______________________________________________________
4.E.a
Packet Pg. 34 Attachment: Grant Recipient Agreement (3251 : Contract with a disproportionately impacted Kent non-profit, Project Feast, with American
EEO COMPLIANCE DOCUMENTS - 2 of 3
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.
4.E.a
Packet Pg. 35 Attachment: Grant Recipient Agreement (3251 : Contract with a disproportionately impacted Kent non-profit, Project Feast, with American
EEO COMPLIANCE DOCUMENTS - 3 of 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Grantee 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: ______________________________________________________
4.E.a
Packet Pg. 36 Attachment: Grant Recipient Agreement (3251 : Contract with a disproportionately impacted Kent non-profit, Project Feast, with American
Grant Recipient Agreement – Exhibit 8
INSURANCE REQUIREMENTS
Insurance
The Grantee 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 Grantee, their agents, representatives,
employees or subcontractors.
A. Minimum Scope of Insurance
Grantee 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 Grantee’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
Grantee 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.
4.E.a
Packet Pg. 37 Attachment: Grant Recipient Agreement (3251 : Contract with a disproportionately impacted Kent non-profit, Project Feast, with American
EXHIBIT 8 (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 Grantee’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 Grantee’s insurance and shall not contribute with it.
2. The Grantee’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 Grantee 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 Grantee’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
Grantee 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 Grantee before commencement of the work.
F. Subcontractors
Grantee 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 Grantee.
4.E.a
Packet Pg. 38 Attachment: Grant Recipient Agreement (3251 : Contract with a disproportionately impacted Kent non-profit, Project Feast, with American
OFFICE OF THE CITY ATTORNEY
Tammy White, Acting City Attorney
220 Fourth Avenue South
Kent, WA 98032
253-856-5770
DATE: August 16, 2022
TO: Operations and Public Safety Committee
SUBJECT: Ordinance Restricting the Sale of Aerosol Paint Containers -
Adopt
MOTION: I move to approve Ordinance No. 4440, that amends Chapter
9.02 of the Kent City Code to make housekeeping revisions to KCC 9.02.660
related to the crime of possessing graffiti tools and to enact new code
sections that restrict public access to aerosol paint containers and prohibit
sales of those paint containers to minors.
SUMMARY: Graffiti is becoming an increasing problem in Kent and adjacent cities,
which causes community members significant costs in time and materials to
remove. Cities across the United States spend a combined $12 billion dollars
cleaning up graffiti each year, with the majority of offenders being males between
the ages of 12 and 19.1 In 2021, the City’s Public Works Department had 268
complaints of graffiti to remove from public facilities.
It is often difficult for law enforcement to arrest graffiti offenders because they
commit their crimes at night, and if a community member calls 911 to report
graffiti in progress, the offender is often gone by the time law enforcement can
respond. Since 2008, the Kent Police Department has taken 700 cases involving
complaints of graffiti. Of those cases, officers were only able to establish probable
cause and arrest 14 individuals on graffiti-related charges, 7 of whom were
juveniles.
In an effort to help curb graffiti, the proposed ordinance would limit a minor’s
access to spray paint by requiring businesses to verify that any purchaser is over
18 years of age. Additionally, the ordinance would limit the general public’s access
to spray paint by requiring employee assistance before access is obtained.
Considering the business practices that will be impacted if this ordinance is
adopted, enforcement would not occur until 6 months after the ordinance takes
effect.
Finally, the ordinance revises KCC 9.02.660 to make housekeeping revisions for
clarity and to refer the public to existing provisions under state law that provide a
civil right of action to owners damaged by graffiti: (i) against the parents of
juvenile offenders; and (ii) against adults who commit street gang tagging and
graffiti.
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1 www.statisticsdatabase.com/facts/graffiti-statistics-united-states/
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. Graffiti and Minors Ordinance (PDF)
4.F
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1 Amend KCC 9.02 Re: Graffiti and
Sale of Aerosol Paint Containers
ORDINANCE NO. 4440
AN ORDINANCE of the City Council of the
City of Kent, Washington, addressing graffiti-related
crimes by amending Kent City Code section
9.02.660 related to the unlawful possession of
graffiti tools to incorporate housekeeping revisions,
and adopting new Kent City Code Sections 9.02.662
and 9.02.664, limiting the sale of aerosol paint
containers to persons over the age of 18 years,
requiring businesses to restrict public access to
aerosol paint containers, and requiring businesses to
post signs informing customers of the age
requirement to purchase aerosol paint containers.
RECITALS
A.Graffiti is becoming an increasing problem in Kent and adjacent
cities, which causes community members significant costs in time and
materials to remove. Even when graffiti is removed, it returns shortly
thereafter. In 2021, the City’s Public Works Department had 268 complaints
of graffiti to remove from public facilities.
B.It is often difficult for law enforcement to arrest graffiti
offenders because they commit their crimes at night, and if a community
member calls 911 to report graffiti in progress, the offender is often gone
by the time law enforcement can respond. Since 2008, the Kent Police
Department has taken 700 cases involving complaints of graffiti. Of those
cases, officers were only able to establish probable cause and arrest 14
individuals on those charges, seven of whom were juveniles.
4.F.a
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C. In an effort to help curb graffiti, this ordinance will limit a
minor’s access to aerosol paint containers by requiring businesses to verify
that any purchaser of an aerosol paint container is over 18 years of age.
Additionally, the ordinance will limit the general public’s access to aerosol
paint containers by requiring employee assistance before access is obtained.
Considering the business practices that will be impacted by implementation
of this ordinance, enforcement of the provision limiting public access to
aerosol paint containers will not occur until _____________, 2023, which is
at least 180 days after the date the ordinance takes effect.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Amendment – KCC 9.02.660. Section 9.02.660 of the
Kent City Code entitled “Possession of graffiti tools”, is amended as follows:
Sec. 9.02.660. Possession of graffiti tools.
A. It shall be unlawful for any person to possess graffiti tools.
B. A person possesses graffiti tools when they possess any paint,
marking pen, glass-cutting tool, glass-etching tool, materials, instruments,
or any other item adapted, designed, or commonly used to for committing
or facilitating the commission of an offense involving damageing, defaceing,
or destroying public or private property, and they possess the item under
circumstances evincing an intent to use or employ the item, or an intent to
allow the same to be used or employed by another, to damage, deface, or
destroy any public or private building or other structure or any real or
personal property owned by any other person without the written
permission of the owner or operator of the property.in the commission of
such an offense, or under circumstances evincing an intent that some other
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3 Amend KCC 9.02 Re: Graffiti and
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person will use or employ the thing possessed in the commission of such
offense.
C. Defaceing as used in subsection (B) of this section shall include, but
not be limited to, the writing, painting, inscribing, drawing, scratching,
cutting, etching, or scribbling of any inscription, figure, or mark of any type
upon any wall or surface owned, operated, or maintained by any property
owner or the city unless the city or the property owner grants written
permission for the such writing, painting, inscribing, drawing, scratching,
cutting, etching, or scribbling of such inscription, figure, or mark.
D. The unlawful possession of graffiti tools is a misdemeanor. In
addition, any property owner whose property has been damaged by graffiti
may be entitled to seek the recovery of civil damages in accordance with
RCW 4.24.190 and RCW 4.24.330, as currently enacted or hereafter
amended.
SECTION 2. – Amendment – New KCC 9.02.662. Chapter 9.02 of the
Kent City Code, entitled “Criminal Code”, is amended to add a new Section
9.02.662 entitled “Sale of aerosol paint container to minor prohibited—
Penalty,” as follows:
Sec. 9.02.662. Sale of aerosol paint container to minor
prohibited– Penalty.
A. It is unlawful for any person, firm, business, or corporation to sell to
another person who is in fact under the age of 18 years, any aerosol
container of paint without first obtaining bona fide evidence of the person’s
identity and age of majority.
B. For purposes of this section, “bona fide evidence of identity and age
of majority” is any document showing the age and identity of an individual
4.F.a
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4 Amend KCC 9.02 Re: Graffiti and
Sale of Aerosol Paint Containers
which has been issued by a federal, state, or local government entity and
includes without limitation a motor vehicle operator’s license or an
identification card issued by the State Department of Licensing.
C. Every person who owns, conducts, operates, or manages a retail
commercial establishment selling aerosol paint containers shall post a sign
at each cash register or place where such aerosol paint containers are
displayed stating that such items will not be sold to anyone under 18 years
of age.
D. The sale of an aerosol container of paint to a minor in violation of this
section is punishable as a civil infraction as set forth in RCW 7.80.120, as
currently enacted or hereafter amended or recodified, as follows:
1. First violation – class 3 civil infraction;
2. Second violation – class 2 civil infraction; and
3. Third and subsequent violations – class 1 civil infraction.
SECTION 3. – Amendment – New KCC 9.02.664. Chapter 9.02 of the
Kent City Code, entitled “Criminal Code”, is amended to add a new Section
9.02.664 entitled “Sale of aerosol paint containers—Restricted access
required,” as follows:
Sec. 9.02.664. Sale of aerosol paint containers—Restricted
access required.
A. Restricted access required. Beginning [a date 180 days after we
anticipate the ordinance will take effect], it shall be unlawful for any person
who owns, conducts, operates, or manages a retail commercial
establishment where aerosol containers of paint are sold to store or display,
or cause to be stored or displayed, aerosol containers of paint in an area
that is accessible to the public without employee assistance in the regular
course of business pending legal sale or other disposition. By way of
4.F.a
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5 Amend KCC 9.02 Re: Graffiti and
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example, compliance with this section may occur through placement of
aerosol containers of paint behind a service counter, within a locked display
case, or within such other areas where access is restricted to the
establishment’s employees.
B. Visual displays allowed if possession restricted. Nothing herein shall
preclude the storage or display of aerosol paint containers in an area
viewable by the public so long as such items are not accessible to the public
without employee assistance.
C. Violations. Violations of this section shall be punished as a civil
infraction as set forth in RCW 7.80.120, as currently enacted or hereafter
amended or recodified, as follows:
1. First violation – class 3 civil infraction;
2. Second violation – class 2 civil infraction; and
3. Third and subsequent violations – class 1 civil infraction.
Additionally, compliance with and enforcement of the restrictions
provided for herein may be pursued through civil code enforcement efforts
as provided for under Chapter 1.04 KCC.
SECTION 4. – Adoptions by Reference. A true and correct copy of
RCWs 4.24.190 and 4.24.330, adopted and incorporated by reference in
Section 1 of this ordinance; and RCW 7.80.120, adopted and incorporated
by reference in Sections 2 and 3 of this ordinance; are attached as Exhibit
A.
SECTION 5. – 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.
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6 Amend KCC 9.02 Re: Graffiti and
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SECTION 6. – 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 7. – Effective Date. This ordinance shall take effect and be
in force thirty days from and after its passage as provided by law.
DANA RALPH, MAYOR Date Approved
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
TAMMY WHITE, ACTING CITY ATTORNEY
September 6, 2022
September 6, 2022
September 9, 2022
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7 Amend KCC 9.02 Re: Graffiti and
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EXHIBIT A
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8 Amend KCC 9.02 Re: Graffiti and
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4.F.a
Packet Pg. 48 Attachment: Graffiti and Minors Ordinance (3242 : Ordinance Restricting the Sale of Aerosol Paint Containers - Adopt)
OFFICE OF THE CITY ATTORNEY
Tammy White, Acting City Attorney
220 Fourth Avenue South
Kent, WA 98032
253-856-5770
DATE: August 16, 2022
TO: Operations and Public Safety Committee
SUBJECT: Ordinance Prohibiting Solicitation of Occupants of Vehicles -
Adopt
MOTION: I move to approve Ordinance No. 4441 adding Section 9.02.645
to the Kent City Code that prohibits any person from entering or remaining
on an arterial roadway or median with the intent to conduct a solicitation
of the occupant of any vehicle traveling on or stopped on the arterial
roadway.
SUMMARY: At many locations throughout the City, solicitors enter public roadways
and medians to make their requests and to accept their solicitations from the
motoring public.
The City has a fundamental interest in maintaining traffic flow and safety, and
pedestrian solicitation from vehicle occupants disrupts traffic flow, poses public
safety risks, and has harmful secondary effects. Motor vehicle drivers approached
by pedestrians may become distracted, may stop suddenly, or may linger at traffic
control devices thereby posing a significant risk of physical injury to themselves,
other motorists, and pedestrians.
The distraction of motorists occasioned by solicitation not only threatens to impede
the orderly flow of traffic, but also raises serious concerns of traffic and public
safety. The proposed ordinance would make it unlawful for any person to enter or
remain on an arterial roadway or a median in the city with the intent to conduct a
solicitation directed to, or intended to, attract the attention of the occupant of any
vehicle traveling on or stopped on the arterial roadway. Violation of the prohibition
would be punishable as a misdemeanor.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. Solicitors on Roadway Ordinance (PDF)
4.G
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1 Amend KCC 9.02 Re: Solicitation of
Occupants of Vehicles on Public Roadways
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 9.02 of
the Kent City Code to add a new Section 9.02.645,
entitled “Solicitation of occupants of vehicles on
public roadways”, making it unlawful for any person
to enter or remain on an arterial roadway or a
median with the intent to conduct a solicitation of
the occupant of any vehicle traveling on or stopped
on the arterial roadway.
RECITALS
A.At many locations throughout the City, solicitors enter public
roadways and medians to make their requests and to accept their
solicitations from the motoring public.
B.The City has a fundamental interest in maintaining traffic flow
and safety, and pedestrian solicitation from vehicle occupants disrupts traffic
flow, poses public safety risks, and has harmful secondary effects. Motor
vehicle drivers approached by pedestrians may become distracted, may stop
suddenly, or may linger at traffic control devices thereby posing a significant
risk of physical injury to themselves, other motorists, and pedestrians.
C.The distraction of motorists occasioned by solicitation not only
threatens to impede the orderly flow of traffic, but also raises serious
concerns of traffic and public safety. The City Council seeks to promote the
4441
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2 Amend KCC 9.02 Re: Solicitation of
Occupants of Vehicles on Public Roadways
City’s interest in traffic flow and safety by implementing regulations on
solicitations in public places that are applicable to all people within the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Amendment – KCC 9.02.645. Chapter 9.02 of the Kent
City Code is amended to add a new Section 9.02.645, entitled “Unlawful
solicitation of occupants of vehicles on public roadways”, as follows:
Sec. 9.02.645. Solicitation of occupants of vehicles on public
roadways. It is unlawful for any person to enter or remain on an arterial
roadway or a median in the city with the intent to conduct a solicitation
directed to, or intended to, attract the attention of the occupant of any
vehicle traveling on or stopped on the arterial roadway. An offense occurs
when the solicitation is made, whether or not an actual employment
relationship is created, a transaction is completed, or an exchange of
money, goods, or services takes place.
A.Exempted conduct. The following conduct is exempt from the
prohibition in this section:
1.Summoning aid or requesting assistance in an emergency
situation;
2.Engaging in the performance of official duties, including those
performed by law enforcement officers, firefighters, emergency workers,
public works employees, or certified flaggers and construction workers; or
3.Engaging transportation licensed for hire (e.g., a taxi, shuttle,
or bus).
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3 Amend KCC 9.02 Re: Solicitation of
Occupants of Vehicles on Public Roadways
B.Definitions. For purposes of this section, the following terms or words
shall be interpreted as follows:
1.“Arterial roadway” means a public roadway with a marked or
painted yellow centerline.
2.“Enter” means to cross the vertical plane of the edge of an
arterial roadway. It includes crossing the vertical plane by any part of a
person’s body or any extension thereof.
3.“Goods” means real property, as well as tangible and intangible
personal property.
4.“Median” means the portion of an arterial roadway separating
the traveled ways for traffic in opposite directions.
5. “Services” means any work done for the benefit of another
person.
6. “Solicit” and all derivative forms of “solicit” means to request,
petition, or seek something from another person, or persons, or business or
businesses, by words, physical gestures, or written or symbolic signs or
displays in a public place.
7. “Vehicle” has the meaning given that term in RCW 46.04.670,
as currently adopted or as it may be amended in the future.
C.Penalty. A violation of or failure to comply with this section is a
misdemeanor.
SECTION 2. – Adoptions by Reference. A true and correct copy of
RCW 46.04.670, adopted and incorporated by reference in Section 1 of this
ordinance, is attached as Exhibit A.
SECTION 3. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
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4 Amend KCC 9.02 Re: Solicitation of
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decision shall not affect the validity of the remaining portion of this ordinance
and the same shall remain in full force and effect.
SECTION 4. – 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 5. – Effective Date. This ordinance shall take effect and be
in force thirty days from and after its passage as provided by law.
DANA RALPH, MAYOR Date Approved
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
TAMMY WHITE, ACTING CITY ATTORNEY
September 6, 2022
September 9, 2022
September 6, 2022
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Exhibit A
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OFFICE OF THE CITY ATTORNEY
Tammy White, Acting City Attorney
220 Fourth Avenue South
Kent, WA 98032
253-856-5770
DATE: August 16, 2022
TO: Operations and Public Safety Committee
SUBJECT: Ordinance Prohibiting the Unlawful Use of Dangerous Drugs
in Public Places - Adopt
MOTION: I move to adopt Ordinance No. 4442, amending Chapter 9.12 of
the Kent City Code related to dangerous drugs to prohibit the use of those
drugs in public places, and to repeal or revise other code sections to
ensure consistency with the state Uniform Controlled Substances Act.
SUMMARY: Last year, the Washington State Supreme Court decided State v. Blake
and found former RCW 69.50.4013, which made it a strict liability offense to
possess a controlled substance in violation of the Uniform Controlled Substances
Act, unconstitutional because the statute did not require proof that the offender
knowingly possessed a controlled substance. Without proof of knowledge, the Court
held the statute violated constitutional due process. In response, the state
legislature amended RCW 69.50.4013 through ESB 5476 during its 2021 legislative
session to temporarily make it unlawful for a person to knowingly possess a
controlled substance. Through this same legislation, however, the legislature
enacted RCW 10.31.115, which prohibits law enforcement from arresting or citing
someone for unlawful possession of a controlled substance until the offender has
twice before been “diverted” to voluntary social services. As a result, while it is still
a crime to knowingly possess a controlled substance, law enforcement is prohibited
from arresting a person who violates that law.
There are a number of practical difficulties with RCW 10.31.115, including the lack
of any regional or statewide tracking and referral system. Those difficulties have
essentially led to the decriminalization of drug possession, even if an offender
knowingly possesses a controlled substance illegally. In response, offenders began
more openly using and possessing controlled substances in public places. This
conduct, coupled with the legislature’s simultaneous removal of law enforcement’s
ability to arrest offenders for illegal drug possession, has negatively impacted the
community and subjected its members to the adverse impacts associated with the
public use of controlled substances. An example of the danger posed by such
conduct occurred on August 4th when a two-year old child became gravely ill after
ingesting a fentanyl pill that was left in a Tacoma park.
While the use of cannabis or alcohol, both legal substances, is prohibited in public,
there is no comparable state law that prohibits the public use of controlled
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substances, like methamphetamine, heroin, and fentanyl. Cities are authorized to
enact local laws that are not inconsistent with the state’s Uniform Controlled
Substances Act. Because the Uniform Controlled Substances Act does not expressly
permit or otherwise protect the public use of controlled substances, the City is
authorized to regulate or prohibit that use.
Currently, the City regulates the use of controlled substances through a 1972
ordinance that is codified at Chapter 9.12 KCC. Portions of that prior ordinance do
include conduct regulated by the Uniform Controlled Substances Act and it is
appropriate to revise those provisions to ensure they are consistent with state law.
Additionally, this ordinance revises the existing use prohibition to narrow its scope
to directly address use of controlled substances in a public place or in view of the
general public, or the deposit of controlled substances on the ground or in any body
of water. Finally, the ordinance repeals sections within Ch. 9.12 of the Kent City
Code which are no longer necessary as the conduct prohibited therein is regulated
under other state and local laws.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. Narcotics and Barbiturates Ordinance (PDF)
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1 Amend Ch. 9.12 KCC
Re: Narcotics and Barbiturates
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington: (1) amending section
9.12.20 of the Kent City Code to make it illegal to
use dangerous drugs in a public place; (2) to revise
a number of other sections in Chapter 9.12 of the
Kent City Code to make them consistent with state
law and to incorporate revisions required by State v.
Blake; and (3) to repeal Kent City Code sections
9.12.04, 9.12.08, 9.12.12, 9.12.16, 9.12.24,
9.12.28, 9.12.32, 9.12.36, 9.12.40, and 9.12.48,
which prohibit conduct regulated under other laws
and are therefore no longer necessary.
RECITALS
A. In State v. Blake, 197 W.2d 170 (2021), the Washington State
Supreme Court found former RCW 69.50.4013, which made it a strict liability
offense to possess a controlled substance in violation of the Uniform
Controlled Substances Act, unconstitutional because the statute did not
require proof that the offender knowingly possessed a controlled substance.
Without proof of knowledge, the Court held the statute violated
constitutional due process. In response, the state legislature adopted RCW
69.50.4013 during its 2021 legislative session, which provided a temporary
correction to the law to make it unlawful for a person to knowingly possess
a controlled substance. However, through this same legislation, the
legislature enacted RCW 10.31.115, which prohibits law enforcement from
arresting or citing someone for unlawful possession of a controlled substance
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until the offender has twice before been “diverted” to voluntary social
services.
B. The limitation imposed by RCW 10.31.115 has resulted in
offenders openly using and possessing illegal drugs in public places, while
simultaneously removing law enforcement’s ability to effectively remove the
problem, all to the detriment of community members who face an increased
risk of harm attributable to the adverse impacts associated with the use of
illicit drugs in public.
C. While the use of cannabis and alcohol, both legal substances,
is prohibited in public, there is no comparable state law that prohibits the
use of illegal or controlled substances, like methamphetamine, heroin, and
fentanyl, in public. Public use of controlled substances also increases the
potential for innocent community members to be injured. On August 4,
2022, a two-year old child was injured at a Tacoma park when he picked up
and ingested a fentanyl pill that had been left on the ground at the park.
D. Although state law does preempt the field of setting penalties
for violations of the state’s Uniform Controlled Substances Act, Ch. 69.50
RCW, cities are authorized to enact local laws that are not inconsistent with
that state law. Because the Uniform Controlled Substances Act does not
expressly permit or otherwise protect the public use of controlled
substances, the City is authorized to regulate or prohibit that use within its
jurisdiction.
E. Currently, the City regulates the use of controlled substances
through a broad ordinance codified at KCC 9.12.20, which was originally
adopted in 1972 through Ordinance No. 1787. Portions of that prior
ordinance do include conduct regulated by the Uniform Controlled
Substances Act and it is appropriate to revise those provisions to ensure
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Re: Narcotics and Barbiturates
they are consistent with state law. Additionally, this ordinance revises the
use prohibition to narrow its scope to directly address use of controlled
substances in a public place, or the deposit of controlled substances on the
ground or in any body of water. Finally, the ordinance repeals sections within
Ch. 9.12 of the Kent City Code which are no longer necessary as the conduct
prohibited therein is regulated under other state and local laws, and makes
other housekeeping amendments to ensure compliance with State v. Blake.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Amendment – KCC 9.12.20. Section 9.12.20 of the
Kent City Code entitled “Sale, possession or use of dangerous drugs”, is
amended as follows:
Sec. 9.12.20. Sale, possession or uUse of dangerous drugs in
public.
A. It is unlawful for any person to intentionally use any dangerous drug
in a public placesell, offer to sell, purchase, offer to purchase, give away,
barter, exchange, distribute, possess, or use any dangerous drug, except as
now or hereafter authorized or expressly permitted by the laws of the state
or except upon the written or oral order or prescription of a physician,
surgeon, dentist, or other medical veterinary professional surgeon, licensed
to practice in the state and legally authorized to prescribe controlled
substances, which order or prescription shall not be refilled without the
written or oral order of the prescriber.
B. Definitions. For purposes of this section, the following terms or words
shall be interpreted as follows:
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1. The term “dDangerous drug” for the purpose of this chapter
shall means and include marijuana (cannabis sativa) and any controlled
substance classified in Schedule I, II, III or IV of Chapter 69.50 RCW,
excluding cannabis, as it now exists or shall hereafter be added to, deleted
from, modified, or amended.
2. “Public place” means an area generally visible to public view
and includes without limitation any place where the public has a right of
access, which includes without limitation sidewalks, parking lots and parking
garages, streets, alleys, highways, or roads; public buildings and grounds,
including schools, parks, playgrounds, and meeting halls; establishments to
which the public is invited including restaurants, theaters, stores, gas
stations, meeting halls, lobbies, halls and dining rooms of hotels,
establishments where beer or soft drinks may be sold, and their associated
parking lots, parking structures, walkways, doorways, and entrances;
railroad trains, light rail facilities, buses, and other public conveyances of all
kinds and character, and their associated stations and platforms used in
conjunction therewith which are open to unrestricted use and access by the
public; and all other places of like or similar nature.
3. “Use” means any effort taken in furtherance of an attempt to
inject, ingest, inhale or otherwise introduce a controlled substance into the
human body.
SECTION 2. – Amendment – New KCC 9.12.22. Chapter 9.02 of the
Kent City Code related to narcotics and barbiturates is amended by enacting
a new section, Section 9.12.22 of the Kent City Code entitled “Unlawful
deposit of dangerous drugs and drug paraphernalia”, as follows:
Sec. 9.12.22. Unlawful deposit of dangerous drugs and drug
paraphernalia. It shall be unlawful for any person to knowingly dump,
throw, deposit, or discharge onto the ground or into any body of water any
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dangerous drug, as that term is defined in KCC 9.12.20(B)(1), or drug
paraphernalia, as defined in RCW 69.50.102, as those referenced provisions
are currently enacted or hereafter amended or recodified.
SECTION 3. – Amendment – New KCC 9.12.52. Section 9.12.52 of
the Kent City Code entitled “Unlawful to aid or abet furnishing certain drugs
to persons in jail or custody of police”, is amended as follows:
Sec. 9.12.52. Unlawful to aid or abet furnishing certain drugs
to persons in jail or custody of police. It is unlawful for any person not
acting under the direction of the director of public health to knowingly
furnish or aid or abet the furnishing of any opium, morphine, cocaine,
hydrate of chloral, isonipecaine, amidone, isosmidone, keto-bemidone or
any substance neither chemically nor physically distinguishable from any
one (1) of them or any opiate or narcotic, or narcotic derivative thereof or
any of the “dangerous drugs” mentioned in KCC 9.12.20 to any person
confined in the city jail or in the custody of the police department, unless
the substance in question is lawfully prescribed for the person by a doctor
or physician and is given to such person under the direction of that person’s
physician or doctor.
SECTION 4. – Amendment – KCC 9.12.56. Section 9.12.56 of the
Kent City Code entitled “Places of resort for users of narcotics and/or
dangerous drugs declared nuisance”, is amended as follows:
Sec. 9.12.56. Places of resort for users of narcotics and/or
dangerous drugs declared nuisance. It shall be unlawful for any person,
firm, corporation or agent, holding, leasing, renting, occupying or having
charge and control of, any building, structure or premises or room or rooms
therein to knowingly permit the same to be used as a place of resort for
persons known to be users of narcotics, narcotic drugs or dangerous drugs
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mentioned in KCC 9.12.08 and 9.12.20 or to permit therein for the unlawful
sale, gift, use, or distribution of narcotics, narcotic drugs or dangerous drugs
mentioned in KCC 9.12.08 and 9.12.20, and any such place or any place
which is a resort for users of narcotics, narcotic drugs or dangerous drugs
mentioned in KCC 9.12.08 and 9.12.20 is hereby declared to be a public
nuisance and may be abated as such in the manner provided by this chapter.
SECTION 5. – Amendment – KCC 9.12.64. Section 9.12.64 of the
Kent City Code entitled “Sale, possession or use of dangerous drugs”, is
amended as follows:
Sec. 9.12.64. Unlawful to frequent or be in place where
narcotics and/or dangerous drugs are unlawfully kept, used or
disposed of. It is unlawful for anyone, not lawfully authorized, to frequent,
enter, be in, or be found in any place they know to be a location where
narcotics, narcotic drugs, their derivatives, or dangerous drugs mentioned
in KCC 9.12.08 and 9.12.20 are unlawfully used, kept, or disposed of.
SECTION 6. – Amendment – KCC 9.12.68. Section 9.12.68 of the
Kent City Code entitled “Sale, possession or use of dangerous drugs”, is
amended as follows:
Sec. 9.12.68. Penalty for violations. Unless another section
expressly provides otherwise, any person who violates any provision of this
chapter shall be guilty of a misdemeanor.A person who is convicted of a
misdemeanor violation of any provision of this chapter shall be punished by
imprisonment for not less than twenty-four (24) consecutive hours, and by
a fine of not less than two hundred fifty dollars ($250). On a second or
subsequent conviction, the fine shall not be less than five hundred dollars
($500). These fines shall be in addition to any other fine or penalty imposed.
Unless the court finds that the imposition of the minimum imprisonment will
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pose a substantial risk to the defendant’s physical or mental well-being or
that local jail facilities are in an overcrowded condition, the minimum term
of imprisonment shall not be suspended or deferred. If the court finds such
risk or overcrowding exists, it shall sentence the defendant to a minimum of
forty (40) hours of community service. If a minimum term of imprisonment
is suspended or deferred, the court shall state in writing the reason for
granting the suspension or deferral and the facts upon which the suspension
or deferral is based. Unless the court finds the person to be indigent, the
minimum fine shall not be suspended or deferred.
SECTION 7. – Amendment – KCC 9.12.75. Section 9.12.75 of the
Kent City Code entitled “Drug-traffic loitering”, is amended as follows:
Sec. 9.12.75. Drug-traffic loitering.
A. As used in this section:
1. Conviction means an adjudication of guilt pursuant to RCW Title
10 or 13, or the equivalent provisions of any federal statute, state statute,
or ordinance of any political subdivision of this state, and includes a verdict
of guilty, a finding of guilty, and an acceptance of a plea of guilty.
2. Drug paraphernalia means drug paraphernalia as the term is
defined in the Uniform Substance Act, RCW 69.50.102, excluding
hypodermic syringes or needles in the possession of a confirmed diabetic or
a person directed by his or her physician to use such items.
3. Illegal drug activity means unlawful conduct contrary to any
provision of Chapter 69.41, 69.50 or 69.52 RCW, or the equivalent federal
statute, state statute, or ordinance of any political subdivision of this state.
4. Known drug trafficker means a person who has, within the
knowledge of the arresting officer, been convicted within the last two (2)
years in any court of any felony illegal drug activity.
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5.Public place is an area generally visible to public view and
includes, but is not limited to, streets, sidewalks, bridges, alleys, plazas,
parks, driveways, parking lots, transit stations, shelters and tunnels,
automobiles visible to public view (whether moving or not), and buildings,
including those which serve food or drink, or provide entertainment, and the
doorways and entrances to buildings or dwellings and the grounds enclosing
them.
6.Use means any effort taken in furtherance of an attempt to
inject, ingest, inhale, or otherwise introduce a controlled substance into the
human body.
B.A person is guilty of drug-traffic loitering if he or she remains in a
public place and intentionally solicits, induces, entices, or procures another
to engage in unlawful conduct contrary to Chapter 69.50, 69.41 or 69.52
RCW.
C.The following non-exclusive list of circumstances do not by
themselves constitute the crime of drug-traffic loitering, but they may be
relevant in evaluating the criminal intent required by subsection (B):. Among
the circumstances which may be considered in determining whether the
actor intends such prohibited conduct are that he or she:
1.Is seen by the officer to be in possession of drug paraphernalia
under circumstances that demonstrate an intent to use a controlled
substance other than cannabis; or
2.Is a known drug trafficker; or
3.Repeatedly beckons to, stops or attempts to stop passersby, or
engages passersby in conversation; or
4.Repeatedly stops or attempts to stop motor vehicle operators
by hailing, waving of arms or any other bodily gesture; orand
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5. Circles an area in a motor vehicle and repeatedly beckons to,
contacts, or attempts to stop pedestrians.
D. No person may be arrested for drug-traffic loitering unless probable
cause exists to believe that he or she has remained in a public place and has
intentionally solicited, induced, enticed or procured another to engage in
unlawful conduct contrary to Chapter 69.50, 69.41, or 69.52 RCW.
E. A person convicted of drug-traffic loitering under this section shall be
punished by a fine of not more than five thousand dollars ($5,000) or term
of imprisonment of not more than 364 days one (1) year, or both.
SECTION 8. – Repealer – Various Sections in Ch. 9.12 KCC. Chapter
9.02 of the Kent City Code related to narcotics and barbiturates is amended
to repeal the following sections in their entirely:
Sec. 9.12.04. Unlawful to use or be under influence of
narcotics – Exception.
Sec. 9.12.08. Unlawful to possess narcotics without proper
license or prescription.
Sec. 9.12.12. Unlawful to sell or give away narcotics without
prescription.
Sec. 9.12.16. Prescribing narcotics.
Sec. 9.12.24. Unlawful to possess without prescription.
Sec. 9.12.28. Unlawful to possess unless specifically
prescribed for person in possession.
Sec. 9.12.32. Unlawful to administer except as prescribed.
Sec. 9.12.36. Unlawful to be under influence in public place.
Sec. 9.12.40. Prosecution for violation.
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Sec. 9.12.48. Possession as prima facie evidence of
violation.
SECTION 9. – 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 10. – 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 11. – Effective Date. This ordinance shall take effect and
be in force 30 days from and after its passage as provided by law.
DANA RALPH, MAYOR Date Approved
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
TAMMY WHITE, ACTING CITY ATTORNEY
September 6, 2022
September 6, 2022
September 9, 2022
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OFFICE OF THE CITY ATTORNEY
Tammy White, Acting City Attorney
220 Fourth Avenue South
Kent, WA 98032
253-856-5770
DATE: August 16, 2022
TO: Operations and Public Safety Committee
SUBJECT: INFO ONLY: Priority Prosecution Program
SUMMARY: Michele Walker, the City’s Chief Prosecutor, will present to Council a
“Priority Prosecution Program” developed by the Law Department to target those
offenders who have a significant impact on the Kent community. The Program’s
goals are to hold the most impactful offenders appropriately accountable for their
continued criminal behavior, to increase and improve the Law Department’s
communication with crime victims and witnesses, and to reduce chronic offenders
from reoffending in Kent.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
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