Loading...
HomeMy WebLinkAboutCity Council Meeting - Council - Regular Agenda - 09/21/2021 KENT CITY COUNCIL AGENDA Tuesday, September 21, 2021 7:00 PM Chambers Masks are required regardless of vaccination status. A live broadcast is available on Kent TV21, www.facebook.com/CityofKent, and www.youtube.com/user/KentTV21 To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID 815 9206 8737 Mayor Dana Ralph Council President Toni Troutner Councilmember Bill Boyce Councilmember Marli Larimer Councilmember Brenda Fincher Councilmember Zandria Michaud Councilmember Satwinder Kaur Councilmember Les Thomas ************************************************************** COUNCIL MEETING AGENDA - 7 P.M. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff. 4. PUBLIC COMMUNICATIONS A. Public Recognition 1. Appointment to Public Facilities District Board B. Community Events C. Public Safety Report 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report B. Chief Administrative Officer's Report C. Councilmembers' Reports City Council Meeting City Council Regular Meeting September 21, 2021 6. PUBLIC HEARING 7. PUBLIC COMMENT The Public Comment period is your opportunity to speak to the Council and Mayor on issues that relate to the business of the city of Kent or to agenda items Council will consider at this meeting. Comments that do not relate to the business of the city of Kent are not permitted. Additionally, the state of Washington prohibits people from using this Public Comment period to support or oppose a ballot measure or candidate for office. If you wish to provide comment to the Mayor and Council at this meeting, please contact the City Clerk by 4 p.m. on the day of the meeting at 253-856-5725 or CityClerk@KentWA.gov. If you intend to speak in person, please see the Clerk at the beginning of the meeting to sign up. When called to speak during the meeting, please state your name and city of residence f or the record. You will have up to three minutes to provide comment. Please address all comments to the Mayor and Council as a whole. The Mayor and Council may not be in a position to answer questions during the meeting. Alternatively, you may email the Mayor and Council at Mayor@KentWA.gov and CityCouncil@KentWA.gov. Emails are not read into the record. 8. CONSENT CALENDAR A. Approval of Minutes 1. Council Workshop - Workshop Regular Meeting - Sep 7, 2021 5:00 PM 2. City Council Meeting - City Council Regular Meeting - Sep 7, 2021 7:00 PM B. Payment of Bills - Authorize C. Excused Absences for Councilmember Thomas - Approve D. Possession of Drug Paraphernalia Ordinance - Adopt E. Reappointment to the Public Facilities District Board - Appoint 9. OTHER BUSINESS A. Approval of Memorandum of Understanding with Kent Police Officers Association - Authorize 10. BIDS 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda is available in the City Clerk's Office and at KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at 253-856-5725. For TDD relay service, call the Washington Telecommunications Relay Service 7-1-1. Page 1 of 7 Administration • The Mayor’s Office and Finance Department have finalized the mayor’s proposed mid- biennium adjustment for presentation to the City Council on September 28. The council is scheduled to adopt a budget adjustment prior to Thanksgiving. • We’re starting work on our 2022 state legislative agenda. Contract lobbyist Briahna Murray is beginning to meet with each department director. The Operations & Public Safety Committee will see a draft agenda in October-November. • We’re currently advertising for a “communication and engagement supervisor” position. This position will assist the communications manager with strategy, writing, media relations, social media, and supervision of some communications staff. Communications The Comms team took home five awards at the 3CMA conference last week! 3CMA is the nation's premiere network of local government communicators. Top honors for the “Let’s Taco-bout the Census” event and the numerous mask giveaway pop-ups won first place. Other winning entries for photography were Shop with a Cop and the Kent Valley collateral. Congratulations to the team! Upcoming events: • Dining with Derek featuring Parks Director, Julie Parascondola, online via Teams - September 29, 12-1 p.m. • Convos with Councilmember Marli Larimer, September 30, online via Facebook, 6-7 p.m. • Love Them, License Them – Pet licensing event at Kent Station with RASCK, September 30, 5-6 p.m. Race and Equity The CARE employee resource group has published the second newsletter of the year. You can access the second edition of the newsletter by visiting the CARE Sharepoint site at, https://cok.sharepoint.com/sites/CARESite/Sit ePages/Home.aspx Economic Development • Economic Development staff, along with Mackenzie Architects, convened a design envisioning process to create a document that captures stakeholders’ goals and facility requirements for a possible STEM/Advanced Technology Center at the City’s Naden Avenue site. The envisioned center aims to benefit underserved youth in our community and region by expanding education and entrepreneurial offerings, whether it’s robotics, satellites, aerospace, or other fields relevant to regional industries. • Along with Mayor Ralph, staff met with the CEO and other company leadership of EZ Raider, a manufacturer of all-terrain, military-grade electric vehicles. While located in Kent after relocating from Israel, the company intends to open a US assembly production plant in Kent. Staff is ADMINISTRATION ECONOMIC AND COMMUNITY DEVELOPMENT September 21, 2021 5.B Packet Pg. 3 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 2 of 7 assisting with the facility search and connecting the CEO with area manufacturers to determine what components can be sourced locally. • Staff is sharing with stakeholders the first draft of Small Business Technical Assistance Guide developed on the City’s behalf by the National Development Council (utilizing grant funds from the Port of Seattle). The guide includes a list of local small business technical assistance providers, including their specific areas of expertise, services provided, eligibility requirements, and language capabilities. Stakeholder feedback will be incorporated into the final version, and with this information already compiled, Kent and South King County will be in a strong position when the County rolls out its regional Trusted Community Partner Network to support small businesses, as well as the state’s rollout of SourceLink, an electronic database of business support services. • Along with King County’s Local Food Economy Manager, staff reviewed and provided feedback to New Venture Advisors, the consultants retained to develop a workplan, and conduct research (including a charette) to determine viability of a Kent Food Hub – envisioned as a multi-functional, shared-use facility that would serve the community through skill and wage progression, job training, entrepreneurial support, and community development. • As part of the King County Aerospace Alliance, King County and neighboring city economic development staff interviewed three national consulting firms to assist in documenting the strengths, opportunities, and threats for King County’s aerospace ecosystem. This work, last done 10 years ago, is necessary to shape a value proposition and inform an aerospace specific strategy to retain and attract business activity, while also developing specific tactics worthy of newly available federal funding to support this crucial local industry. • Staff continues to promote and share with community-based organizations new information about emergency business supports, including updated guidelines for EIDL loans, Flex Funds and new grant opportunities. Additionally, staff are tracking and sharing with stakeholders new federal, state and county mandates pertaining to employee vaccination. Permit Center/Building Services • Testing for the Permit Center TLT Permit Tech position was held the week of the 6th on Thursday, and interviews will be taking place this week. • Amanda User Acceptance Training continues through the end of this week. The Budget division is finalizing the changes to the 2022 Mid-Biennium Budget Adjustment, which include baseline adjustments, updates to allocations and the Capital Improvement Plan and approved department requests. The Mayor’s Proposed Mid-Biennium Budget Adjustment will be presented to City Council on Tuesday, September 28 at 4 pm at a Special City Council Meeting followed by a Special Workshop at 4:30 pm to discuss the budget. Workday • Continue design and configuration to streamline processes and procedures for the LEAN Temporary Hiring project. • Went live with Workday 2021 Release 2 (there are two major releases every year, spring and fall). • Configuring and testing new potential Police Patrol shifts • We’ve had 185 items logged on the issue tracker: 115 closed, 21 in progress and 49 are open. • 7080 - total number of business process events initiated during the selected month. • 66 business processes completed including new hires, terminations and job changes in the past month. • 48 employee benefits business processes completed, including retirement savings changes, addition of dependents to an enrollment, new enrollments, and changes to eligibility in the past month. FINANCE HR 5.B Packet Pg. 4 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 3 of 7 • 253 business process events that were initiated by a manager in the past month. Benefits • Began special enrollment for eligible employees and their spouses September 7 – September 24 for voluntary Long-Term Care (LTC) alternative to the state’s Long- Term Services and Support Act (LTSS). Recruitment • Maintenance Worker II- Street practicals/interviews taking place on 9/14 • Interviews for the Administrative Assistant II position in the City Clerk’s/Mayor’s Office were on 9/14 • Commander position open for application through 9/28 • Processing temporary hires for Parks • Continuing to partner with PW and Parks on the LEAN Temp hiring project Labor • AFSCME ULP discussion w/Summit Law • Re-class paperwork – Parks: Human Services • Continuing negotiation sessions with KPOA • Staffing discussion with Police • Police/KPOA MOU discussion • Laserfiche discussion (preparing to convert paper documents to Laserfische) Information Technology Projects • SCADA System Upgrade - Network Separation – To upgrade and replace the current Supervisory Control and Data Acquisition (SCADA) system per a series of program identified, outlined, and approved projects in order to ensure that the SCADA platform and network optimize and streamline workflow while maintaining a dedicated independent City secure network infrastructure equipped with outage redundancies. • End Point Privilege Management – to remove excessive user privileges and control end users’ rights on specifically called out applications and computer functions. For the City of Kent, most importantly, it is to remove the "administrative rights" on their workstations/computers. Information Technology operational support for September 05, 2021 to September 14, 2021 • Number of tickets opened – 123 • Number of tickets closed – 197 Enterprise GIS General: • Continued normalization of address database with access to State of WA addressing database • EGIS Intern working on updating Kent GeoPortal • Staff training opportunities for mural software which allows staff to collaborate visually and problem-solve faster with an easy-to-use digital canvas. • Assisting with GIS needs for CMS refresh project • Rearchitected plan for GIS system citywide • Working with PW GIS on impervious surface workflow citywide • EGIS supporting Cityworks data streaming on devices Weekly Customer Service Requests: • Monthly GIS data update • Providing customer support to help staff connect to GIS data • Managing AutoCAD license renewal • Managing ArcGIS Esri license requests • EGIS participating in citywide software implementations and providing GIS support • The City successfully settled its Model Toxic Control Act case against Hytek Finishes Co. This settlement resolves the City’s claims against Hytek related to the cadmium contamination on the properties the City acquired to complete its wetland mitigation requirements related to the S. 224th project. Work to clean up the contamination is underway, and the Law Department will continue to work with outside counsel on finalizing the terms of the settlement and wrapping up the litigation. • Continued to assist the Clerk’s office with public records requests as needed, and Public Works, ECD, IT and Parks with a number of high priority contracts and development projects, including property IT LAW 5.B Packet Pg. 5 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 4 of 7 rights and access issues involving Naden Avenue. • Assisted the Clerk’s Office in preparing the agenda for the City Council meetings and Committee of the Whole meetings. • Assisted the HR Department in a number of sensitive employment and labor related matters. Recreation and Cultural Services • Downtown murals by Nick Goettling and Ian Shearer will be officially dedicated on Friday, September 24 at 3 p.m. The festivities will take place at the vacant lot on the corner of 2nd Avenue and Meeker Street, adjacent to Nick Goettling’s mural. • A new batch of art wrapped traffic signal control boxes have been installed. Nine new designs join the other twenty-one art wrapped boxes located at intersections throughout Kent. Navigate to “public art map” from kentarts.com to find the locations of these colorful utility box covers. The nine recent additions will be added to the map shortly. • Kent Creates is back up and running! The following artists were selected as winners of the Hope Blooms exhibit: Jill Erickson, John Armstrong, Emily Wamsley, Naoko Morisawa, and Branden Huxtable. The new exhibit, “Free to Roam”, is currently accepting submissions, through Nov 30. • The Centennial Gallery is featuring paintings by Ian Shearer and Tsehaye Hadish. The display runs through Oct 29. • The 2021-2022 Spotlight Series brochure has been released and tickets are on sale now! A total of 581 tickets have been sold. Masks will be required and, in keeping with the policies of our host venues (Kent School District), we will maintain social distancing between seating groups. Significant crime activities/arrests/investigations • On August 31, at 8:12 pm, officers responded to reports of a large fight with knives at the Driftwood Apartments. An adult female was taken into custody and booked at King County Jail for felony harassment for chasing juveniles with a knife. • On September 3, at 11:33 pm, a shooting was reported at 7-11 and Ishtar on Central Ave S. A female told dispatch her boyfriend was shot in the foot by an unknown transient male. Both the female and her boyfriend initially did not want contact. The male had a felony warrant for robbery-2 and told the female via text he did not want the police to know where he was at. Two casings were recovered at Ishtar. The suspect was not located. • On September 5, at 8:13 am, patrol responded to the 9800 block of S 252nd St. for shots fired after a dispute at a party that went into the morning. There were no victims. • On September 5, at 7:13 pm, two uncooperative suspects were arrested for strong arm robbery at Walgreens on 104th and 256th. Officers were able to take both subjects into custody without using force and dealt with numerous associates that arrived at the scene after the arrests. • On September 5, at 7:20 pm, a male was working under a semi-truck in his driveway when the jack failed and the semi crushed the male, killing him. Sadly, his 11- year-old son was outside and watched the incident occur. • On September 9, at 3:55 am, a suspect boyfriend seriously assaulted his girlfriend in violation of an no contact order. The suspect fled into the wooded area when patrol arrived. Detectives are investigating. • On September 13, at 9:17 pm, officers provided trauma aid to a male victim who had been stabbed in the neck. The male was transported to Harborview and taken to surgery. There was a family BBQ at Country Glen Apartments when a family member walked up to the victim, and without any provocation, hit him on the neck with a wine glass that shattered and cut his neck. Detectives are investigating. Land Survey/PW GIS • Land Survey field staff completed design topography mapping for the 224th St. Corridor Phase 2 ramp design, Lindental PARKS, RECREATION, AND COMMUNITY SERVICES POLICE PUBLIC WORKS 5.B Packet Pg. 6 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 5 of 7 Pump Station Monitoring and collected culvert invert elevations at the 212th St. crossing of Mill Creek. Staff also completed staking on the Clark Springs Generator replacement and the property line staking at Kent Springs as requested. Land Survey office staff completed writing legal descriptions for Right of Way (ROW) dedications and ROW calculations for city CIP (Capital Improvement Projects) plans, drafted records of survey and legal exhibits. Office staff have completed internal reviews of upcoming CIP project plans and conducted research of local FEMA benchmarks for certification processes. • Public Works GIS staff have performed data editing and maintenance as required. Staff have also completed public records requests, entered infrastructure utility project as-builts and updated the data shared at the public download interface on the City website. Staff have completed a significant portion of scripting for data validation processes to aid in GIS editing in daily workflows. Staff have also completed analysis and calculations on various impervious surfaces in question for other departments. Design • East Valley Highway Slump: continuing negotiating with King County Wastewater Treatment Division (KC WTD) on an interlocal agreement. Comments received September 10. • WA Ave South Stormwater Pump Station: utilities - CenturyLink beginning construction relocation overhead and underground utilities mid-September. Zayo is coordinating with PSE to relocate onto PSE pole(s). Sanitary sewer line has been potholed. Additional locates needed since facility was not where expected • E Tacoma St. – Kensington Ave. drainage improvements: SEPA DNS received September 13 with no conditions or mitigation measures. Team continues to research function of pipe found crossing the ditch. • Mill Creek at 76th Ave flood protection improvements: working with Right of Way team to acquire final easement. Counteroffer from property owner is in review. JARPA complete. Preparing to send to agency for review this week. Design team continues working with utility companies for potholing and determining which relocations are necessary. PSE power and gas will need to relocate prior to construction and are working on their designs. • Meet Me on Meeker at 64th intersection and Kent Elementary (design only): design has started for MMOM at 64th and Kent Elementary, completed utility locates and survey. 30% design review expected mid- September. Construction • West Hill Reservoir: steel delivery is ongoing with the barrel steel all scheduled for delivery this week. Steel setting and welding is ongoing. 38th Ave S is closed between S 248th St and S 247th St for the duration of the project. Pedestrian access through this closure will be maintained. • S. 212th Street Preservation – 72nd Ave S to 84th Ave S: concrete flatwork within the UP and BNSF railroad ROW’s was completed last week. Grinding and paving in these areas took place at night on Monday (9/13) with one lane open in one direction during work hours…the other direction will be detoured. Final striping and pavement marking installation will begin on Monday, 9/20 (weather permitting) with the exception of the zones within the RR ROW’s. The work within these zones will be completed following the appropriate cure time for the new asphalt paving. Utility and monument casting adjustments will begin on Monday (9/20). • 2021 Asphalt Overlays: concrete flatwork is ongoing in Seven Oaks. 5.B Packet Pg. 7 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 6 of 7 • Mill Creek Culvert Cleaning: cleaning at the 212th culvert is complete and dam removal/cleanup is taking place this week. The Chandler’s Bay culvert cleaning began on Thursday (9/16). • Totem Elementary / Star Lake Middle School (26812 40th Ave S) – on S 270th St. demolition, grading, and concrete flatwork for half-street improvements took place last week. Paving took place on Tuesday (9/14). The same work will continue on 40th Ave S after completion of the S 270th St paving. Paving on 40th Ave S happened on Saturday (9/18). Reconstruction of the curb return between S 270th St and 40th Ave S will begin the first week in October. Environmental • TeamUp2CleanUp: residents, business, and organizations continue to register for the Saturday, September 18 TeamUp2CleanUp. Participants can select from three different areas to check-in and collect supplies or clean their own area. The event is from 9 am to noon and folks can register at KentWA.gov/TalkingTrash. • Mini Recycle Events: the inaugural 2021 mini recycle events successfully concluded. Eight free events (4 in the spring and 4 in the summer) were held throughout the three regions of Kent on Fridays from 1-4 pm. The events averaged 112 vehicles a day and we recycled 28,420 pounds of shredded paper, 7,400 pounds of electronics, 5,374 pounds of textiles, 800 pounds of batteries, and 155 mattresses. • Green River Flood Prep: coordinated with design and operations to hold the River Flood Coordination Meeting Thursday, September 9. Had participation from Puget Sound Regional Fire Authority, King County and the Corps and there was good discussion about the potential higher risk areas along the river and steps needed to prepare. Streets • Street Maintenance ground and performed hot patch inlays on 124th Ave SE, ground shoulders, prepped for repairs and hot patched repairs on Military Rd, marked areas for striping on SE 240th St, bollard repairs on Frager Rd and 104th Ave SE, shoulder repair on 135th Ave SE, hot patch repair on SE 222nd Ct, swept and cleaned along berm on S 208th St and added rock to people path on Woodland Way. • Signs and Markings completed sign maintenance on the East Hill and West Hill, installed bases on Woodland Way and installed signs and bases Hazel Ave, Reiten Rd and E Maple St. • Solid Waste performed a homeless encampment cleanup on Novak Ln and removed debris and illegal signage on Thompson Ave N and James St overpass. • Water Vegetation line trimmed and picked up litter at Clark Springs, West Hill Sites, Garrison Creek Well, O’Brien Well, 212th Treatment Plant, Kent Springs upper, East Hill well and the Ravensdale properties. • Street Vegetation line trimmed and removed debris on people paths City wide and pulled weeds on traffic islands. The Sidearms mowed on 132nd Ave SE, Russell Rd, Kennebeck Ave, Green River Rd, 80th Ave S and upper Kent Springs. Wetland Mitigation line trimmed at the KOA and Downey sites, ran irrigation at multiple project sites, sprayed weeds at 72nd Ave site, vegetation monitoring at KRT and Leber sites and performed GRNRA nursery work. • Wetland Maintenance mowed and line trimmed Maplewood Grove on 108th Ave SE, Redondo on 27th Ave S, Signal Electric on 3rd Ave S, 72nd Ave diversion channel on 68th Ave S, ShoWare Center on 4th Ave N, Horseshoe Bend on 80th Ave S, Wildwood Ridge on SE 268th St, pond on 70th Ave S and pond on S 242nd Pl. • Holding Pond crew mowed and line trimmed at Estes on S 222nd St, Falkner on 92nd Ave S, Dover Place on SE 227th St, Benson state pond on 104th Ave SE, Beast Holler on 84th Ave S, Swan Vista on 98th Ave S, Tomlinson Plat on 100th Ave S, Stonewood on 96th Ave S, Ridge at Garrison on 100th Ave SE, Country View Estates #2 on 100th Ave SE, Wendy’s Ditch on Kennebeck Ave N, 98th Ave S pong on 100th Ave SE, Garrison Heights on S 218th St, Garrison on 94th Pl S, Canyon Crest Estates on S 221st St, Hillside Manor on 98th Ave S, top of hill on SE 244th St, Canterbury, Eastwood and Lang on 100th 5.B Packet Pg. 8 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 7 of 7 Ave SE, Strawberry Place Division 2 on 100th Ave SE, Bandon East on 94th Ave S, High Ridge 3 on Woodland Way S and Pheasants Hollow #2 on 127th Ave SE. Water • Staff completed lead and copper water sampling in the distribution system. Results from water analysis continue to show detections well below the federal action levels of 0.015 mg/L for lead and 1.3 mg/L for copper. Staff are currently working on third-quarter disinfection byproduct sampling in the distribution system and wellhead protection sampling within our wellhead protection area around our eastern water sources. 8-inch water main installation continues on 5th Ave S and a fire hydrant replacement on Kent’s East Hill at SE 233rd St and 115th Pl SE. Storm/Sewer • Storm performed ditch maintenance on E Valley Hwy, Vactor site maintenance, installed Gibeon Baskets on 121st Pl SE, catch basin and manhole repair on 147th Ave SE and storm line cleaning on S 208th St and 148th Ave SE for the 2022 overlays. Crews also performed National Pollutant Discharge Elimination System (NPDES) assessing on SE 276th St, SE 275th St and SE Kent Kangley and NPDES pumping on 130th Ave SE and 116th Pl SE. • Sewer crews installed a block heater on Victoria Ridge Generator and Foster Park Generator, performed a manhole installation on 88th and 228th, potholed sewer lines on N State St, graded the Lindental easement road, completed PS upgrades and station pressure washing at Lindental, TV’d for 2022 overlays on 112th Ave SE and on SE 256th St and cleaned wet wells. Fleet/Warehouse • The Warehouse crew continued to assist with CDL training and perform forklift trainings, maintained the shops yard, keeping it clean and free of litter and debris, cleaned and maintained the wash rack, washed and vacuumed motor pool vehicles, issued personal protection equipment (PPE’s) and motor pool vehicles to staff and hydrant meters and public notice boards to contractors, repaired small equipment as needed, received parts and inventory orders, continued to manually open and close the broken East gate daily as well as set out and remove the type 3 barricades in the employee back lot at the beginning and close of the work day. • Fleet crews worked on scheduled and non- scheduled maintenance, new vehicle set ups which included finishing the traffic van, three Police vehicles sent to the body shop and prepared older vehicles for auction as well as worked weekly City Space write ups. The Radio Shop performed regular radio maintenance and new vehicle set up. ### 5.B Packet Pg. 9 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Pending Approval City Council Workshop Workshop Regular Meeting Minutes September 7, 2021 Date: September 7, 2021 Time: 5:04 p.m. Place: Chambers I. CALL TO ORDER Attendee Name Title Status Arrived Toni Troutner Council President Present Bill Boyce Councilmember Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Zandria Michaud Councilmember Present Les Thomas Councilmember Present Dana Ralph Mayor Present II. PRESENTATIONS 1 Internal Sewer and Drainage Projects Jens Vincent 45 MIN. Sewer/Storm Drainage Manager Jens Vincent presented the Sewer and Storm Drainage Internal Projects for 2020 - 2021. Vincent advised he is always looking for opportunities to expand the skill sets of the sewer group staff. Vincent provided details on sewer pipe repairs and restoration, washout repairs, rock slinging and compacting, inside drop repairs, sewer access projects, sewer easement work, work at the pump stations and pipeline inspections. The motto of the sewer and drain group is "Only Rain Down the Drain." Vincent talked about some easement improvements, culvert cleaning and the installation of a catch basins. Vincent closed by talking about the replacement of failing culverts. 2 Green Kent Update Brian Levenhagen 45 MIN. Deputy Parks Director Brian Levenhagen presented the Green Kent update and Natural Resource Management that includes the past, present and future of natural resource management in the Parks Department and how Green Kent would fit into the management of natural areas in the future. Levenhagen advised Natural Resource Management includes urban forestry, 8.A.1 Packet Pg. 10 Minutes Acceptance: Minutes of Sep 7, 2021 5:00 PM (Approval of Minutes) City Council Workshop Workshop Regular Meeting Minutes September 7, 2021 Kent, Washington Page 2 of 3 natural area stewardship, and managing public access for recreation. 2019 data was used for this presentation. Levenhagen advised the 2016 Parks and Open Space Plan documented the parks with the highest potential recreational value and their significant natural areas, including Mill Creek Canyon Park, Clark Lake Park, West/Lake Fenwick Park, Green River Corridor, Future Panther Lake Community Park. Levenhagen indicated the 2019 NRPA survey included responses on how people want to recreate in natural areas. Kent Parks Recreation Comprehensive Program Plan rated top recreation program areas that depend on the highest priorities for investment depend on safe and easy access to recreational areas. The benefits of investing in Kent's Natural Resources include: · Improve social equity and inclusion · Improve health and community wellness · Steward our public lands and facilities · Improving and maintaining environmental sustainability Parks Operations Superintendent Garin Lee provided information on the Green Kent program and detailed why the City paused the program in 2019. Lee advised of the limited programming in 2019 and discussed the impacts of COVID. Without stewardship, many areas previously managed by Green Kent are being retaken by invasives, at the same time, managing Kent's natural areas is getting more challenging. Lee discussed the challenges with managing the natural resource of Mill Creek Canyon. Lee reviewed the current Natural Resource staff that includes maintenance Worker Margaret Wagner. Lee discussed the difficulties in building momentum and continuity with part time staff. Wagner joined the team in February and talked about the challenges of part time staffing. Wagner detailed the work currently being done, including managing Mill Creek Park post clean-up - what can and can’t be done. Wagner talked about the levels of service to manage Mill Creek and the rest of the 510 acre park system. Lee provided details on what it would take to bring back Green Kent and increase the level of service of the City’s natural areas. Lee detailed what Kirkland’s Green program entails and indicated an increased investment in Kent’s natural areas would raise the level of service in priority natural areas. 8.A.1 Packet Pg. 11 Minutes Acceptance: Minutes of Sep 7, 2021 5:00 PM (Approval of Minutes) City Council Workshop Workshop Regular Meeting Minutes September 7, 2021 Kent, Washington Page 3 of 3 Lee detailed the work that could be done with increased investment in natural areas. The Natural Resource group would need 4.5 FTE, volunteer coordinator and the restoration of MW3 from previous cuts. Lee advised it is now time to invest and talked about why Kent should consider an increased investment in Natural Resource management now. Proactive natural resource management is now generally seen as a core business of cities that supports overall community health and equity, saves financial resources from invasive species impacts and costly cleanups in the long run, and leverages regional funding to our city while ensuring we have a seat at the table as permit requirements change to advocate for alignment with Kent’s needs and goals. Next steps include: · Keeping Mill Creek Canyon as the City’s top priority · Plan to have a limited number of volunteer events in 2022 · 2022 Park and Open Space Plan will take a deeper dive into the value of our Natural areas · Evaluate submitting a budget request to increase of level of service for natural areas in the 2023-2024 budget. Meeting ended at 6:18 p.m. Kimberley A. Komoto City Clerk 8.A.1 Packet Pg. 12 Minutes Acceptance: Minutes of Sep 7, 2021 5:00 PM (Approval of Minutes) Pending Approval Kent City Council City Council Regular Meeting Minutes September 7, 2021 Date: September 7, 2021 Time: 7:02 p.m. Place: Chambers 1. CALL TO ORDER/FLAG SALUTE Mayor Ralph called the meeting to order. 2. ROLL CALL Attendee Name Title Status Arrived Dana Ralph Mayor Present Toni Troutner Council President Present Bill Boyce Councilmember Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Les Thomas Councilmember Present Zandria Michaud Councilmember Present 3. AGENDA APPROVAL A. I move to approve the agenda as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Toni Troutner, Council President SECONDER: Les Thomas, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud 4. PUBLIC COMMUNICATIONS A. Public Recognition Mayor Ralph recognized Jalene Roberts for winning silver metals at the Paralympic Games in Tokyo. Roberts is a graduate of Kent Meridian High School and also served as a youth member on the Parks and Human Services Commission. 1. Employee of the Month Mayor Ralph recognized Plans Examiner Katie Ball as the September employee of the month. Building Official Steve Wilson expressed appreciation of Katie's work on the Blue Beam implementation project. 2. Proclamation for Childhood Cancer Awareness Month Mayor Ralph presented Stacy, Jack, Cooper and Madi Judd, along with 8.A.2 Packet Pg. 13 Minutes Acceptance: Minutes of Sep 7, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes September 7, 2021 Kent, Washington Page 2 of 7 Stacy's mother Cheryl Nowacki with the Proclamation for Childhood Cancer Awareness Month. Stacy’s husband Bill was not able to attend tonight’s meeting. Judd expressed appreciation for this proclamation and for the continued support of the City staff in helping her and her family through the past three years of Jack's medical treatments. B. Community Events Troutner advised of the Fall Winter Clean Up event that will be held on September 18th at 9 a.m. Troutner invited the public to attend an upcoming Spotlight series concert. Visit Kentwa.gov for event details. 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report Mayor Ralph took a personal point of privilege to wish Derek Matheson and his wife a Happy Anniversary. Mayor Ralph also wished her husband a Happy 30th year wedding anniversary. B. Chief Administrative Officer's Report Chief Administrative Officer Derek Matheson advised of a special City Council meeting on September 28th, followed by a special workshop to discuss the budget. Matheson advised his written report is in today’s agenda packet and there is an Executive Session tonight to discuss collective bargaining that is expected to last 30 minutes with no action following. C. Councilmembers' Reports Troutner provided a recap of the two workshop presentations: Internal Sewer and Drainage Projects and Green Kent Update. Councilmember Michaud serves on the King County Regional Water Committee that recently received a briefing on the West Point Water Treatment Plant and a recent spill and a briefing on the Clean Water Plan Strategies. Michaud indicated she attended the Kent Parks and Recreation Commission special meeting. Previous commissioners were invited to attend to discuss the Parks and Open Space Plan. The public can visit KentParks.com to provide public comment on the Plan. 8.A.2 Packet Pg. 14 Minutes Acceptance: Minutes of Sep 7, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes September 7, 2021 Kent, Washington Page 3 of 7 Councilmember Thomas advised the Puget Sound Regional Fire Authority Governance Board will meet on September 15th at 5:30 p.m. via Zoom. Councilmember Fincher advised the King Conservation District’s new Executive Director is Rosa Mendez and the board is updating financial reporting and account policies. Fincher invited the public to attend upcoming Spotlight Series events. Visit Kentwa.gov/arts. 6. PUBLIC HEARING None. 7. PUBLIC COMMENT Pauly Giuglianotti, representing Next Steps Washington provided public comment regarding a police service call in response to a suicidal subject. 8. CONSENT CALENDAR RESULT: APPROVED [UNANIMOUS] MOVER: Toni Troutner, Council President SECONDER: Les Thomas, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud A. Approval of Minutes i. Council Workshop - Workshop Regular Meeting - Aug 17, 2021 5:00 PM ii. City Council Meeting - City Council Regular Meeting - Aug 17, 2021 7:00 PM iii. Committee of the Whole - Committee of the Whole - Regular Meeting - Aug 24, 2021 4:00 PM B. Payment of Bills - Authorize MOTION: I move to authorize the payment of bills received through 8/15/21 and paid on 8/15/21 and authorize the checks issued for payroll 8/1/21-8/15/21 and paid on 8/20/21, all audited by the Committee of the Whole on 8/24/21. C. Ordinance Amending Title 15 of the Kent City Code Consistent with House Bill 1220 – Adopt 8.A.2 Packet Pg. 15 Minutes Acceptance: Minutes of Sep 7, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes September 7, 2021 Kent, Washington Page 4 of 7 MOTION: I move to adopt Ordinance No. 4410, amending Title 15 of the Kent City Code to allow indoor emergency shelters, permanent supportive housing, and transitional housing in a greater range of zoning districts with restrictions related to intensity of use, consistent with House Bill 1220, as recommended by staff. D. Accept the 2020 Asphalt Overlays Project as Complete - Authorize MOTION: I move to authorize the Mayor to accept the 2020 Asphalt Overlays Project as complete and release retainage to Tucci & Sons Inc. upon receipt of standard releases from the State and the release of any liens. E. Authorize the Use of accessoShoWare Center Operating Fund Balance for Capital Repair and Replacement - Authorize MOTION: I move to authorize the use of $338,925 of the accessoShoWare operating fund balance for the repair and replacement of capital assets, to include the scoreboard, arc flash test, administration carpet and transformer for fiscal year 2021. F. First Addendum to Lease with Half Lion Public House, LLC at the Riverbend Golf Complex - Authorize MOTION: I move to authorize the Mayor to execute the first addendum to the Retail Lease with Half Lion Public House, LLC at the Riverbend Golf Complex, as presented by staff, subject to final terms and conditions acceptable to the Parks Director and City Attorney. G. Supplemental Parks Property Levy Agreement - Authorize MOTION: I move to authorize the Mayor to sign a supplemental property tax levy agreement with King County, and receive funds in the amount of $1,440,000, to help fund improvements to the Green River Trail, subject to final terms and conditions acceptable to the City Attorney and Parks Director. H. Contract with Chet’s Roofing & Construction, Inc to Replace Roof of Kent Police Station – Authorize MOTION: I move to authorize the Mayor to enter into an agreement with Chet’s Roofing & Construction, Inc to replace the roof of the Kent Police Station, in an amount not to exceed $189,922.50, subject to final terms and conditions acceptable to the Parks Director and City Attorney. 8.A.2 Packet Pg. 16 Minutes Acceptance: Minutes of Sep 7, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes September 7, 2021 Kent, Washington Page 5 of 7 I. Interagency Agreement with the Washington Traffic Safety Commission for 2021-2022 Walker/Roller Safety Program – Pacific Highway South - Authorize MOTION: I move to authorize the Mayor to sign the 2021-2022 Pacific Highway South (SR Hwy 99) Walker and Roller Safety Program grant in the amount of $117,968, amend the budget, and authorize expenditure of the grant funds, subject to final grant terms and conditions acceptable to the Police Chief and City Attorney. J. Downey Side Channel Restoration – RCO Grant Resolution – Adopt MOTION: I move to adopt Resolution No. 2031 in support of the City’s application for Grant #20-1067 to the Washington Recreation and Conservation Office to assist with funding for completion of the Downey Side Channel Restoration Project. K. Amendments to Consultant Services Agreements for IT Temporary Staff - Authorize MOTION: I move to authorize the Mayor to sign contract amendments with Protingent Inc., Robert Half International, Inc., and Viri Technology LLC to increase the available contract funding for all IT temporary service contracts by an additional $1,224,500.00 through December 31, 2021, subject to final contract terms and conditions acceptable to the IT Director and City Attorney. L. Consultant Services Agreement with TEKsystems, Inc. for Temporary IT Staff - Authorize MOTION: I move to authorize the Mayor to sign an agreement with TEKsystems, Inc. to provide temporary IT staff, subject to final contract terms and conditions acceptable to the Information Technology Director and the City Attorney. M. First Amendment to Master License and Services Agreement for Amanda Platform – Authorize MOTION: I move to authorize the Mayor to sign a First Amendment to the Master License and Services Agreement to authorize the assignment and assumption of the original agreement by Granicus, LLC, the successor to CSDC, Inc. and Calytera US, Inc, subject to final terms and conditions acceptable to the IT Director and City Attorney. N. Amanda (KIVA Replacement) Permitting System Deployment Project – Amend Budget and Approve Contract Amendment - Authorize 8.A.2 Packet Pg. 17 Minutes Acceptance: Minutes of Sep 7, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes September 7, 2021 Kent, Washington Page 6 of 7 MOTION: I move to authorize establishing a new budget for the Amanda (KIVA Replacement) project at $2,226,483; authorize the Mayor to sign all contract amendments, change orders, and other documents necessary to advance the Amanda project that cumulatively do not exceed the project budget, subject to final terms and conditions acceptable to City Administration and the City Attorney; provide that future change orders beyond the project budget, but within the overall City budget, be authorized according to their amended contract values and in accordance with the Kent City Code; authorize the Mayor to approve subscription or other renewals authorized through previously approved project contracts, and ratify past actions consistent with this motion, subject to final terms and conditions acceptable to the IT Director and City Attorney. 9. OTHER BUSINESS None. 10. BIDS A. Skyline Sanitary Sewer Extension Project Bid - Award Public Works Director Chad Bieren provided a recap of the Skyline Sanitary Sewer Extension Project Bid and recommended award to Northwest Cascade, Inc. MOTION: I move to award the Skyline Sanitary Sewer Extension Project to Northwest Cascade, Inc. in the amount of $515,218.46 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. RESULT: APPROVED [UNANIMOUS] MOVER: Brenda Fincher, Councilmember SECONDER: Toni Troutner, Council President AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION At 7:31 p.m., Council convened into Executive Session. A. Collective Bargaining, as per RCW 42.30.140(4)(a) 12. ADJOURNMENT At 8:04 p.m., Council reconvened into regular session. At 8:05 p.m., Mayor Ralph adjourned the meeting. 8.A.2 Packet Pg. 18 Minutes Acceptance: Minutes of Sep 7, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes September 7, 2021 Kent, Washington Page 7 of 7 Meeting ended at 8:05 p.m. Kimberley A. Komoto City Clerk 8.A.2 Packet Pg. 19 Minutes Acceptance: Minutes of Sep 7, 2021 7:00 PM (Approval of Minutes) DATE: September 21, 2021 TO: Kent City Council SUBJECT: Payment of Bills - Authorize MOTION: I move to authorize the payment of bills received through 8/31/21 and paid on 8/31/21 and approve the checks issued for payroll 8/16/21 through 8/31/21 and paid on 9/3/21. SUMMARY: Approval of payment of the bills received through-----08/31/21 and paid 08/31/21 Approval of checks issued for Vouchers: Date Amount 08/31/21 Wire Transfers 8878 8895 $2,391,114.61 08/31/21 Regular Checks 755227 755561 $3,919,589.97 08/31/21 Payment Plus 103490 103627 $227,260.26 Void Checks ($500.05) 08/31/21 Use Tax Payable $1,058.32 $6,538,523.11 Approval of checks issued for Payroll:8/16/21-8/31/21 and paid 9/3/2021 Date Amount 9/3/2021 Checks $1,872,307.68 Voids and Reissues 9/3/2021 Advices FR&P 463216 463224 $7,074.04 Total Payroll $1,879,381.72 Document Numbers Document Numbers 09/07/21 Operations and Public Safety Committee MOTION PASSES 8.B Packet Pg. 20 RESULT: MOTION PASSES [5 TO 0] Next: 9/21/2021 7:00 PM MOVER: Les Thomas, Councilmember SECONDER: Bill Boyce, Councilmember AYES: Troutner, Boyce, Larimer, Michaud, Thomas AWAY: Brenda Fincher, Satwinder Kaur 8.B Packet Pg. 21 DATE: September 21, 2021 TO: Kent City Council SUBJECT: Excused Absences for Councilmember Thomas - Approve MOTION: I move to authorize the Mayor to approve excused absences for Councilmember Thomas for the meetings of September 21, 2021 and September 28, 2021. SUMMARY: Councilmember Thomas is unable to attend the meetings of September 21, 2021 and September 28, 2021 and has requested excused absences. 8.C Packet Pg. 22 DATE: September 21, 2021 TO: Kent City Council SUBJECT: Possession of Drug Paraphernalia Ordinance - Adopt MOTION: I move to adopt Ordinance No. 4412, repealing section 9.02.850 of the Kent City Code to ensure the City’s code provisions and enforcement of drug paraphernalia laws are consistent with new state legislation. SUMMARY: On February 25, 2021, the Washington State Supreme Court issued an opinion in State of Washington v. Blake declaring RCW 69.50.4013, the state’s drug possession law, in violation the due process clause of the state and federal constitutions. The court ruled that the law was unenforceable as a conviction did not require proof of intent to possess. In 2021, the state enacted ESB 5476 to fix the “lack of intent” flaw in the statute by adding the intent element of “knowing” possession. This bill criminalizes drug possession with the inclusion of the “knowing” element of intent. ESB 5476 also amended the state law (RCW 69.50.412) regarding drug paraphernalia. Prior to ESB 5476, RCW 69.50.412 provided that the simple possession of any paraphernalia used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance constituted a misdemeanor. While the City adopts RCW 69.50.412 by reference in its criminal code, it also has a local code provision (KCC 9.02.850) that largely mirrors the Revised Code of Washington as it existed prior to the passage of ESB 5476. Pursuant to ESB 5476, it is now a misdemeanor under state law only when a person possesses, delivers, or possesses with the intent to deliver drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process or prepare a controlled substance. The bill effectively decriminalized the possession of drug paraphernalia that is used for the personal possession and use of controlled substances, but maintained as a crime the possession of drug paraphernalia that is used to produce and distribute controlled substances. With the passage of ESB 5476, the City’s code provision regarding drug paraphernalia, KCC 9.02.850, is now in conflict with the state’s drug paraphernalia 8.D Packet Pg. 23 statute because the City’s code maintains as a crime the possession of drug paraphernalia associated with the personal possession and use of drugs. The City’s ordinance must be repealed as, pursuant to RW 69.50.608, local controlled substances laws relating penalties for violations must be consistent with state law. This is a simple housekeeping measure and will not impact enforcement of paraphernalia laws by the City, as the City already adopts the state laws amended by ESB 5476. BUDGET IMPACT: None SUPPORTS STRATEGIC PLAN GOAL: Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. Possession of Drug Paraphernalia Ordinance (PDF) 09/07/21 Operations and Public Safety Committee MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS] Next: 9/21/2021 7:00 PM MOVER: Les Thomas, Councilmember SECONDER: Bill Boyce, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Michaud, Thomas 8.D Packet Pg. 24 1 Amend Ch. 9.02 KCC Drug Paraphernalia ORDINANCE NO. 4412 AN ORDINANCE of the City Council of the City of Kent, Washington, repealing section 9.02.850 of the Kent City Code entitled “Possession of Drug Paraphernalia.” RECITALS A. On February 25, 2021, the Washington State Supreme Court issued an opinion in State of Washington v. Blake declaring RCW 69.50.4013, the state’s drug possession law, in violation of the due process clause of the state and federal Constitutions. The court ruled that the law was unenforceable as a conviction did not require proof of intent to possess. B. In 2021, the state enacted ESB 5476 to fix the “lack of intent” flaw in the statute by adding the intent element of “knowing” possession. This bill criminalizes drug possession with the inclusion of the “knowing” element of intent. C. ESB 5476 also amended the state law (RCW 69.50.412) regarding drug paraphernalia. Prior to ESB 5476, RCW 69.50.412 provided that the simple possession of any paraphernalia used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, 8.D.a Packet Pg. 25 Attachment: Possession of Drug Paraphernalia Ordinance (2832 : Possession of Drug Paraphernalia Ordinance - Adopt) 2 Amend Ch. 9.02 KCC Drug Paraphernalia ingest, inhale, or otherwise introduce into the human body a controlled substance constituted a misdemeanor. D. While the City adopts RCW 69.50.412 by reference in its criminal code, it also has a code provision (KCC 9.02.850) that largely mirrored the Revised Code of Washington as it existed prior to the passage of ESB 5476. E. Pursuant to ESB 5476, it is now a misdemeanor only when a person possesses, delivers, or possesses with the intent to deliver drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process or prepare a controlled substance. The bill effectively decriminalized the possession of drug paraphernalia that is used for the personal possession and use of controlled substances, but maintained as a crime the possession of drug paraphernalia that is used to produce and distribute controlled substances. F. With the passage of ESB 5476, the City’s code provision regarding drug paraphernalia, KCC 9.02.850, is now in conflict with the state’s drug paraphernalia statute because the City’s code maintains as a crime the possession of drug paraphernalia associated with the personal possession and use of drugs. The City’s ordinance must be repealed as, pursuant to RW 69.50.608, local controlled substances laws relating penalties for violations must be consistent with state law. This is a simple housekeeping measure and will not impact enforcement of paraphernalia laws by the City, as the City already adopts the state laws amended by ESB 5476. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 8.D.a Packet Pg. 26 Attachment: Possession of Drug Paraphernalia Ordinance (2832 : Possession of Drug Paraphernalia Ordinance - Adopt) 3 Amend Ch. 9.02 KCC Drug Paraphernalia ORDINANCE SECTION 1. - Repeal. Section 9.02.850 of the Kent City Code, entitled “Possession of drug paraphernalia,” is hereby repealed in its entirety. SECTION 2. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4. – Effective Date. This ordinance shall take effect and be in force 30 days from and after its passage. September 21, 2021 DANA RALPH, MAYOR Date Approved ATTEST: September 21, 2021 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted September 24, 2021 Date Published 8.D.a Packet Pg. 27 Attachment: Possession of Drug Paraphernalia Ordinance (2832 : Possession of Drug Paraphernalia Ordinance - Adopt) 4 Amend Ch. 9.02 KCC Drug Paraphernalia APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 8.D.a Packet Pg. 28 Attachment: Possession of Drug Paraphernalia Ordinance (2832 : Possession of Drug Paraphernalia Ordinance - Adopt) DATE: September 21, 2021 TO: Kent City Council SUBJECT: Reappointment to the Public Facilities District Board - Appoint MOTION: I move to appoint Greg Haffner to Position 2 of the Public Facilities District board for a four-year term starting on September 1, 2021 and ending August 31, 2025. SUMMARY: The accesso ShoWare Center was originally constructed and financed through a partnership between the City and the Public Facilities District (PFD), a governing body that, pursuant to RCW 35.57.020, may be established for the purposes of acquiring, constructing, owning, remodeling, maintaining, repairing, financing, and operating a regional center. The PFD was primarily established to assist in financing the construction of the accesso ShoWare Center. The PFD board is made up of five members who are appointed by the City Council. Three of the five members of the board are appointed by the Council after receiving a recommendation from local organizations that may include but are not limited to the local chamber of commerce, local economic development council, and local labor council. RCW 35.57.020. The other two positions do not require this recommendation. Pursuant to state law, PFD board members serve four-year terms. In May 2019, Mike Miller, who occupied Position 2 that does not require a recommendation from the chamber of commerce, local economic development council, or local labor council, resigned from his position. Shortly after his resignation, the Council appointed Greg Haffner to fill the remainder of Mr. Miller’s term. Mr. Haffner has served in that position for just over two years. KCC 2.50.060(G)(1) provides, “If a member was appointed to an inaugural term that was less than three years in length, then that member shall be permitted to serve two consecutive three-year terms after the inaugural term expires.” Mr. Haffner has served less than three years in Mr. Miller’s vacated position, and thus is eligible to serve two terms on the PFD board. Mr. Haffner was an original board member of the PFD and served on the PFD board from approximately September 2007 to September of 2012. He did not serve on the board between September 2012 and May of 2019. Pursuant to KCC 8.E Packet Pg. 29 2.50.060(G)(2), Mr. Haffner is eligible to serve on the board as more than two years elapsed between September 2012 and May of 2019. This is a reappointment, and a recruitment for this position was not conducted. The Mayor and staff recommend Mr. Haffner’s reappointment to the PFD board. BUDGET IMPACT: None SUPPORTS STRATEGIC PLAN GOAL: Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. 09/13/21 Economic and Community Development Committee MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS] Next: 9/21/2021 7:00 PM MOVER: Bill Boyce, Committee Chair SECONDER: Zandria Michaud, Councilmember AYES: Bill Boyce, Marli Larimer, Zandria Michaud 8.E Packet Pg. 30 DATE: September 21, 2021 TO: Kent City Council SUBJECT: Approval of Memorandum of Understanding with Kent Police Officers Association - Authorize MOTION: I move to authorize the Mayor to sign the Memorandum of Understanding between the City of Kent and the Kent Police Officers Association establishing new 12-hour and 10.5-hour overtime exempt shifts and a compensation increase that accounts for the additional hours of work, a market adjustment, and a cost-of-living adjustment, subject to final terms and conditions acceptable to the Human Resources Director and City Attorney. SUMMARY: The protection of the public health, safety and welfare is the primary purpose of government, and public safety is integral to the City’s Vision and Mission. The Kent Police Department’s fundamental purpose is to protect and serve the Kent community through crime prevention and crime resolution efforts. Over the past several months, Kent Police Department staffing levels have been decreasing. Numerous officers have retired early from service, others have taken positions with police agencies in other states, while other have left law enforcement for work in another career field. In addition, applications for open police officer positions have been declining across the region. In Kent, applications have declined by over 50% in the past two years. This has created a perfect storm where the need for police retention and recruitment is at an all-time high, and applications appear to be at an all-time low. This situation is not unique to Kent. Many police departments in the Puget Sound region are experiencing the same challenge. Many police agencies in Washington utilize a testing service that conducts a written exam and physical agility assessment to determine whether candidates are minimally qualified for service. The list of available and preliminarily qualified individuals is made available by the testing agency to multiple police agencies for use. This creates an environment in which departments compete for new recruits. As a result, it is critical that the Kent Police Department stay competitive and maintain its standing as an attractive agency for employment. Historically, Kent has attempted to stay in the top third of law enforcement agencies in terms of wages as compared to comparable Washington jurisdictions. Kent has fallen below this standard. 9.A Packet Pg. 31 Recently, due to low staffing levels, patrol officers have been mandated to work overtime on a daily basis. This high level of overtime has strained the Department budget and has created a difficult work environment. Staffing has recently become so low that the Chief has enacted policies requiring all sworn officers to cover patrol shifts and help respond to calls for service. Thus, detectives and command level staff who typically do not work patrol shifts are being required to do so to ensure there is sufficient coverage across the City. These patrol assignments impact the ability of the Department to satisfy its non-patrol duties. The collective bargaining agreements (CBAs) for sworn personnel in the KPD are currently being negotiated as the current contracts expire on December 31, 2021. However, due to low staffing levels, the Chief has decided to implement an emergency change to officer shifts that will increase the hours officers work per shift, and for patrol, consolidates the number of officers on a shift while decreasing the number of shifts worked in a pay cycle. The newly structured shifts will result in the ability to staff patrol shifts with a sufficient number of officers without mandating overtime. The need to create these new patrol shifts now has become critical due to the Department’s decreased staffing, and the Department cannot wait until labor negotiations for the successor CBA are concluded and the new CBA becomes effective. Over the course of the past weeks, the City has been negotiating the implementation and impacts of the new shifts with the Kent Police Officers Association (KPOA). The City and the KPOA agreed to carve the issue of the new shifts, as well as the salary for the remainder of 2021 and for 2022 (the first year of the new CBA) out of the successor CBA negotiations process to address the immediate implementation of the new shifts. The Memorandum of Understanding (MOU) memorializes the tentative agreement reached by the City and the KPOA as a result of those negotiations. During typical CBA negotiations, in accordance with Washington Public Employment Relations Commission guidance, two factors are considered to establish salaries when negotiating a successor CBA: (1) salaries of comparable jurisdictions; and (2) changes in the cost of living (reflected in the consumer price index). In negotiating this MOU, implementation of the new shifts also requires the negotiation of a third factor - the impacts of the increase in work hours without payment of overtime. These three factors form the basis of a tentative agreement that is memorialized in the MOU that is before the Council for consideration tonight. As explained in detail below, the MOU calls for a 16% increase in wages. New 12-Hour or 10.5-Hour Schedule. The new schedule will require patrol officers to work four 12-hour shifts one week with three days off, then three 12-hour shifts the following week with four days off. This will result in 84 hours of work for each work period as opposed to 80 hours. Typically, officers must be paid overtime for hours worked in excess of 40 in a work week. However, there is an exception in federal law for police and fire employees that allows alternate shifts that result in up to 86 hours in a two-week period with no overtime payment (this FLSA provision is commonly referred to as “7(k)”). Numerous agencies in the region have 9.A Packet Pg. 32 converted to 7(k) patrol shifts. In Kent, patrol officers will work 84 hours in a pay period without overtime pay. This will result in each patrol officer working an additional 104 hours per year at their regular rate of pay. Normally, the City would be required to pay these additional hours at the overtime rate of 1.5 times the employee’s hourly rate. All non-patrol personnel (detectives, recruitment, etc.) in all ranks will continue to work four days per week. However, instead of working 10 hours per shift, they will be required to work 10.5 hours per shift. They will not receive overtime pay for the additional ½ hour of work per shift. This will result in each non-patrol officer working an additional 104 hours per year at their regular rate of pay. The new schedule will result in fewer patrol shifts with more officers on each shift. Currently, the Department operates with six shifts with two “sides” (or days in which officers are scheduled to be on and off of work). This results in patrol staff being spread out over 12 different scheduled shifts. The new 12-hour patrol shifts will result in a total of two shifts with two sides. Thus, staff will be spread over only four different shifts. This will mean more officers will be scheduled for each shift. It is anticipated that this will reduce the need for overtime to cover officer absences. The new schedule will start in October. As a result, those with scheduled vacation or medical time off may be adversely impacted because they will be required to use more leave to cover a 12-hour day instead of a 10-hour day. To address this, officers will receive a one-time contribution of 12 hours of vacation and six hours of sick leave in their leave banks. Those officers that are moving to 10.5-hour shifts will receive an additional two hours of holiday pay in their banks to cover the remaining holidays for the 2021 calendar year. Cost of Living (COLA) Increase. Historically, the parties have used the CPI-W for Seattle-Tacoma-Bellevue for June of the previous year to address cost of living increases. The CPI-W for 2021 for Seattle-Tacoma-Bellevue for June 2021 is 6.3%. Market Adjustment. A market adjustment ensures an agency’s wages remain competitive with comparable jurisdictions. It is one of the cornerstones of the analysis of the Public Employment Relations Commission when it is asked to intervene in the settlement of public safety collective bargaining agreement negotiation disputes. The City’s comparable jurisdictions are Everett, Kirkland, Bellevue, Auburn, Vancouver, Federal Way and Renton. After a review of the City’s comparable jurisdictions, it was determined that, after accounting for issuance of a 6.3% COLA, Kent police officers would likely fall to number six in the market with regard to base wages. The City of Kent has historically tried to place its police officers in the top third of the market based on data available from its comparable cities at the time of negotiations. Adding an additional 5% to the COLA, as a market adjustment, should place Kent police officers at number four in the market. New 12-Hour and 10.5-Hour Shift - Offset to Otherwise Earned Overtime. To 9.A Packet Pg. 33 compensate officers for working the additional hours as required by the new 12- hour and 10.5-hour shifts, the agreement will provide an additional 4.7% wage increase. This 4.7% wage increase will take the place of the otherwise required payment of overtime for hours worked in excess of 10 hours per shift as required by the current CBA. (note the total overtime would otherwise be 104 hours per officer, per year, multiplied by 1.5 times the officer’s hourly pay). If the Chief mandates the 12-hour/10.5-hour shift without this MOU, the City will be required to pay each employee at the overtime rate of 1.5 times the hourly rate for the additional hours worked per shift. The overtime will cost the City approximately $1.25 million in 2022. By agreeing to this MOU with the 4.7% wage increase, it will cost the City approximately $900K in 2022. Other jurisdictions have taken similar approaches when implementing shifts under the 7(k) exemption. For example, Renton paid their officers an additional 6.25% of base wages per pay period. In 2018, they rolled this 6.25% into officer base wages. Tukwila currently adds 110 hours of leave annually to officer leave banks. This can be cashed out or used as annual leave. Issaquah pays their officers roughly 5.1% of base wages per pay period. Timing. The parties have reached a tentative agreement that, if approved by the council and the KPOA, will take effect on October 3, 2021. BUDGET IMPACT: The total impact to the 2021 budget will be $700,000 accounting for the 6.3% cost of living adjustment, the 5% market value adjustment, and the 4.7% wage increase to compensate for the shift change. The 2022 annual impact will be $2.8 million dollars funded from both the General and Criminal Justice Funds. SUPPORTS STRATEGIC PLAN GOAL: 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. ATTACHMENTS: 1. Schedule Change MOU - As Approved by KPOA and City (PDF) 9.A Packet Pg. 34 MEMORANDUM OF UNDERSTANDING by and between the CITY OF KENT and KENT POLICE OFFICERS ASSOCIATION Representing the POLICE SERGEANTS AND OFFICERS and POLICE ASSISTANT CHIEFS AND COMMANDERS Regarding Schedule Change and Related Impacts This Memorandum of Understanding (“MOU”) is entered into by and between the City of Kent (the “City”) and the Kent Police Officers Association (“KPOA”) representing the Police Sergeants and Officers’ bargaining unit and the Police Assistant Chiefs and Commanders’ bargaining unit regarding a work schedule change and related impacts. Section 1 – Purpose of the MOU The City and KPOA are parties to a Collective Bargaining Agreement (“CBA”),1 with a term of January 1, 2019 through December 31, 2021. The City and the KPOA are currently in the process of negotiating the successor agreement to the CBA. Independent of the negotiations of the successor agreement, the City met with the KPOA regarding its desire to deploy and utilize a new work schedule (12-hour shifts for patrol officers and 10.5-hour shifts for non-patrol officers) in order to address a staffing shortage. The parties negotiated the impacts of the City’s desire to deploy and utilize a new work schedules. The purpose of this MOU is to memorialize the agreement between the City and the KPOA. Section 2 – Terms and Conditions The City and the KPOA hereby agree to the following: 1. Effective October 3, 2021, two work shifts shall be added to the CBA as options for assignment of KPOA members as follows: i. A 12-hour work shift for those working in the patrol division. ii. A 10.5-hour work shift for all KPOA members working in a division other than patrol. 1 For purposes of this MOU, the term “CBA” refers collectively to the City’s CBA with the Officers and Sergeants’ bargaining unit and to the Commanders and Assistant Chiefs’ bargaining unit. 9.A.a Packet Pg. 35 Attachment: Schedule Change MOU - As Approved by KPOA and City (2852 : Approval of Memorandum of Understanding with Kent Police 2. The chief shall retain the exclusive right to assign positions to either the 12-hour or 10.5- hour shift. 3. The parties agree the City will utilize a “7(k) exemption”, with a 14-day FLSA cycle (for overtime calculation purposes), for any KPOA member assigned to a 12-hour or 10.5- hour shift. 4. The parties acknowledge that working a 12-hour shift or 10.5-hour shift will result in KPOA members working approximately 104 additional regularly assigned hours per year. The additional 104 hours will not be considered overtime hours, and KPOA members working the 12-hour or 10.5-hour shifts will not receive overtime pay for any of the 104 additional hours. 5. KPOA members working a 12-hour shift or 10.5-hour shift will not receive overtime compensation unless: i. The member works more than 84 hours during a 14-day FLSA cycle; ii. The member works more than his or her 12-hours or 10.5 hours per shift as applicable; iii. The member performs work outside of his or her regularly scheduled shift; or iv. Overtime pay is required by another provision of the CBA. 6. The Chief shall have discretion to determine which positions and assignments will work the new 12-hour or 10.5-hour shift established by this MOU. 7. As consideration for agreeing to this MOU, all KPOA members shall receive a 16% base wage increase, effective October 1, 2021. The parties acknowledge that this 16% base wage increase incorporates the increase the KPOA will receive for the first year (January 1, 2022 – December 31, 2022) of the successor CBA, and therefore, no other base wage increase shall be forthcoming for the period of January 1, 2022 – December 31, 2022. This base wage increase takes into consideration, among other things, the wages of comparable cities, the consumer price index, and the impact of the 12-hour and 10.5- hour shifts. 8. To effectuate this MOU, and to assist with logistics, the parties agree to delay the October 2021 normal shift bid process (for the February 2022 rotation) set forth in the CBA by one month to November 2021. 9. The City agrees that sergeant positions will not be eliminated solely as a result of the implementation of 12-hour shifts. No individual will be demoted due to the implementation of this MOU. 10. The parties acknowledge that implementing 12-hour and 10.5-hour shifts may interfere with vacation plans or medical procedures requiring an absence and may result in the need for employees to use more vacation or sick leave than previously anticipated. The City will make a one-time addition of 12 hours of vacation and six hours of sick leave to the leave banks of those who are assigned to 12-hour or 10.5-hour shifts as an 9.A.a Packet Pg. 36 Attachment: Schedule Change MOU - As Approved by KPOA and City (2852 : Approval of Memorandum of Understanding with Kent Police immediate impact of this MOU. This addition of vacation and sick leave shall apply to those assigned to a 12-hour or 10.5-hour shift as a result of the initial implementation of this MOU. 11. The parties acknowledge that implementing 10.5-hour shifts will require officers assigned to this shift to use an additional 30 minutes of city holiday leave accruals for each of the remaining four (4) city holidays in 2021. The City will make a one-time addition of two (2) hours of city holiday to the city holiday leave bank of those officers and sergeants who are assigned to a 10.5-hour shift as an immediate impact of this MOU. 12. The parties agree to continue negotiations for the successor CBA in good faith, with the intention of completing the same on or before December 31, 2021. Section 3 – Term The City and KPOA agree this MOU, and the schedules established pursuant to this MOU, shall remain in effect until the parties agree upon a successor CBA. Section 4 – Interpretation and Signatures All other language of the CBA not in conflict with the terms or spirit of this MOU or not made superfluous by this MOU shall remain in full force and effect and shall not be altered by this MOU. KPOA and the City jointly drafted this MOU. In the event of an ambiguity in any term in this MOU, it shall be interpreted evenly, and not for or against either party as “the drafter”. By signing below, the parties agree that the above represents their full and entire agreement with respect to the subject matter of this MOU. This MOU shall not be interpreted to create a past practice, nor does it waive the other party’s right to bargain over wages, hours, and working conditions as provided by statute and other applicable law. This MOU shall be deemed executed and agreed to upon on the later of both approval of the Kent City Council and the signature of the parties below. FOR KPOA: FOR THE CITY: ______________________________ ______________________________ Wayne Graff Dana Ralph KPOA President Mayor Date: ____________________________ Date: ____________________________ ______________________________ ______________________________ Cory Eaton Teri Smith KPOA Vice President Director of Human Resources Date: ____________________________ Date: ____________________________ 9.A.a Packet Pg. 37 Attachment: Schedule Change MOU - As Approved by KPOA and City (2852 : Approval of Memorandum of Understanding with Kent Police