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HomeMy WebLinkAboutCity Council Meeting - Council Workshop - Special Agenda - 02/05/20211/29/2021 1:58 PM KENT CITY COUNCIL SPECIAL WORKSHOP February 5, 2021 THIS IS A REMOTE MEETING 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 NOTICE IS HEREBY GIVEN that the Kent City Council will hold a SPECIAL WORKSHOP MEETING February 5, 2021 Noon – 5 p.m. LOCATION: DUE TO COVID-19 AND HEALTH SAFETY REQUIREMENTS, AND BY ORDER OF THE GOVERNOR THIS IS A REMOTE MEETING You can listen to the meeting by calling 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID: 917 0802 7158 for the Purpose of The Kent City Council Annual Planning Session See the attached agenda This is an open public meeting under Washington law, and the public is invited to listen to the meeting. Public testimony will not be accepted during this meeting. NOTE: A copy of the full agenda packet is available in the City Clerk's Office. The agenda summary page and complete packet are available 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 at 7-1-1. CITY OF KENT CITY COUNCIL ANNUAL PLANNING SESSION Friday, 5 February 2021 12:00 – 5:00 p.m. Via Zoom Conferencing AGENDA PACKET CITY OF KENT CITY COUNCIL ANNUAL PLANNING SESSION Friday, 5 February 2021 12:00 – 5:00 p.m. Via Zoom Conferencing AGENDA MEETING GOALS: 1. Discuss strategic issues of interest and importance to Council members. 2. Ensure systems support the Council in being the leaders we are striving to be and to ensure effective engagement between the community and City Hall. _____________________________________________________________________________________________________________________ To ensure we convene on time, please plan to log onto the Zoom invitation 5-10 minutes early. Derek and Jim will be waiting to greet you! 12:00 Welcome! Review Meeting’s Purpose - Council President Toni Troutner 12:05 Approve Agenda and Guiding Principles - Council / Facilitator Jim Reid We are testing a new set of principles to guide the discussions and decisions. At the end of the meeting Jim will ask: “How did they work for you? How might they be improved? Are you interested in using them throughout the year to guide Council discussions?” 12:15 Highlight Major Accomplishments of 2020 - Council / Mayor Dana Ralph ▪ What is the City accomplishment of 2020 that you are most proud of? ▪ Were there any lessons from this past year that we need to keep in mind as we go forward? 12:40 Review Vision, Mission, and Goals - Council / Mayor / Executive Leadership Team ▪ From a high level, are the vision, mission and goals leading us toward the future we want for Kent? ▪ Is there anything we would change about them before this spring, when we’ll assess them more deeply? 1:00 Discuss Committee of the Whole (COW) - Council / Mayor /ELT At last year’s retreat Council agreed to review the strengths and weaknesses of this structure in October 2020. Because the pandemic prevented us from meeting in-person, the assessment was not conducted. The outcome of this discussion should be to agree to continue with the COW, either permanently or until a new date when it is reassessed, or to return to the structure of multiple committees. ▪ What are the Council and Administration’s mutual interests? ▪ Does the current structure achieve those interests? ▪ If not, what modifications to it would achieve them? When would we assess how it is working? ▪ Or should we return to the structure of multiple committees? How might it be modified to achieve our shared interests? 1:50 Break 2:10 Discuss Boards and Commissions - Council / Mayor / ELT It appears that everyone shares four interests: 1) balance historical experience and knowledge with new voices and fresh perspectives; 2) ensure each member is interested, enthusiastic, and brings some level of knowledge; 3) ensure the Boards and Commissions reflect the diversity of the community, in terms of gender, age, race and ethnicity, length of residency, and learning and decision-making styles; and 4) provide consistent practices and procedures among the Boards and Commissions. ▪ What is the current system for recruiting and appointing Board and Commission members? ▪ Some have term limits, others don’t. Why is there a difference? ▪ Are there other differences in how the various Boards and Commissions operate? Does it matter? ▪ What refinements or revisions would more effectively achieve the interests listed above? ▪ What role should the Council in promoting and advancing this process? 3:05 Explore Points of Common Interest on Rental Housing Protections - Council / Mayor Prior to this retreat, there appeared to be interest among the Council in providing sufficient notice to renters when they must vacate a home or apartment they are renting. There was interest in discussing and assessing if sixty or ninety days’ notice would be fairer to renters than the required thirty days’ notice. ▪ What are the benefits and weaknesses of the policy that requires thirty days’ notice? ▪ What could be the benefits and weaknesses of a policy that allows for sixty days’ notice? For ninety days? ▪ Having assessed the benefits and weaknesses of these options, are there other options? ▪ What is the sense of the Council? Is there a consensus for one of the options? ▪ What are the other issues related to just cause evictions that the Council is interested in addressing, if any? Do we have the information we need to discuss them today? ▪ If we held a more in-depth discussion at the Spring retreat, what information would help inform that discussion? 4:05 Strengthening Communications - Council / Mayor / ELT Two interests were mentioned during the preparation for this meeting: 1) promote the City to the public; and 2) accurately hear the public’s interests, needs, concerns, and preferences. To achieve the first interest, some mentioned that the Council’s priorities, initiatives, and activities should be more frequently communicated to the community. ▪ What are examples of Council initiatives or activities that could be more effectively communicated? ▪ How might the Council and Administration work together to promote them and ensure Kent residents and businesses know the good the City is doing? ▪ Are there things the City should do to ensure that communications from the public to City Hall are more accessible? ▪ Are there issues of communication between the Council and Administration that should be addressed? 4:30 Update the Council on HB1590 Sales Tax Implementation - Council / CAO Derek Matheson ▪ What is the status of the Administration’s development of options and recommendations for use of this new tax to fund projects for housing and to address homelessness? ▪ Is there feedback from the Council? What are its interests? 4:50 What are We Taking Away From Today’s Meeting? - Council / Mayor / ELT ▪ Does the Council approve using the guiding principles we used today to guide discussions at their meetings until next year’s retreat, at which time they could be reassessed? 5:00 Adjourn 2 0 2 0 KENT CITY COUNCIL ANNUAL STRATEGIC PLANNING RETREAT Friday, 7 February, 1 - 4:45 p.m.; Saturday, 8 February, 8 a.m. – 3:30 p.m. Green River College, Auburn; Student Union Building, Emerald City Room SUMMARY OF THE MEETING’S KEY DISCUSSIONS, DECISIONS, AND AGREEMENTS FRIDAY’S ATTENDEES: Mayor Dana Ralph; Council President Toni Troutner; Council members Bill Boyce, Brenda Fincher, Satwinder Kaur, Marli Larimer, Zandria Michaud, and Les Thomas; Chief Administrative Officer Derek Matheson; Executive Leadership Team (ELT) members Mike Carrington, Pat Fitzpatrick, Kurt Hanson, Kim Komoto, Tim LaPorte, Paula Painter, Julie Parascondola, Raf Padilla, Teri Smith, Bailey Stober, and Margaret Yetter; City staff members Michael Mage (Government Performance Coordinator) and Uriel Varela (Community Engagement Coordinator); and facilitator Jim Reid SATURDAY’S ATTENDEES: Mayor Ralph; Council President Troutner and all the other Council members; Derek and the ELT members; City staff Commander Rob Scholl, Long Range Planning Manager Hayley Bonsteel, and Human Services Manager Merina Hanson; Parks and Recreation Commissioner Annie Seeger; and facilitator Jim Reid __________________________________________________________________ The goals of the 2020 Kent City Council retreat were: 1) Discuss strategic issues of interest and importance to all the members of the Council; and 2) Provide opportunities for Council members to hear the issues of interest and concern to their colleagues and learn if there might be a consensus among the entire Council to address any of them. This is a summary of the major discussions, decisions, and agreements from the retreat. SUMMARY OF THE COUNCIL’S AGREEMENTS AND DIRECTION Here are the City Council’s consensus agreements and direction from the 2020 retreat: Communications: 1. Council supports the Communications philosophy, plan, and strategies that Bailey Stober presented. Everyone responded positively to telling the City’s stories in a more human and relatable way. 2. Council supports the Administration’s proposal to delay the next resident survey, and instead conduct public outreach that is based on need and tailored to a specific issue or initiative. For example, the City could conduct a resident survey to gauge support for a potential ballot initiative on public safety. The Administration agreed with the Council request to share findings from surveys, telephone polls, and other public outreach with the Council. Financial Structural Deficit: 3. Council agreed that the Administration should hire a consultant to help the City develop a 15-year budget strategy. The strategy will generate data and options and, equally if not more importantly, develop a comprehensive strategy by which to engage the public. 4. Council agreed that the consultant should be informed that “nothing is off the table” in terms of the options for resolving the structural deficit. The Council also requested that the consultant be told that the Council’s highest priorities for the General Fund are public safety and parks and recreation. Everyone also supports directing the consultant to examine whether or not the City is maximizing the use of existing resources by being as efficient as possible. 5. To address the structural deficit in the short-term, Council supports the use of reserve funds to maintain a balanced budget when the Administration develops and proposes the next biennial budget (2021-’22). The Administration will review this strategy with Council later this year in a budget mini-retreat. 6. The Council members gave the Mayor and ELT support to develop a proposed ballot initiative for public safety that would be submitted to the voters in November 2020. At this time the proposal appears likely to be for $10 million per year for six years to fund fifty-ish Full-Time Equivalents (FTEs), including additional officers and support staff. The proposal will be formally presented to Council in March. Mayor Ralph urged the entire Council to publicly support the initiative. There was agreement that talking points should be developed and provided to all the elected officials so that the City articulates a clear and consistent message when discussing the ballot measure with the community. Code Enforcement: 7. Council members support the City’s approach to Code Enforcement, which Commander Rob Scholl stated is to first seek voluntary compliance, and then, after a number of steps to achieve voluntary compliance have failed, pursue legal action. Commander Scholl detailed the progress in Code Enforcement since its staff was transferred from Economic and Community Development (ECD) to the Police Department’s Special Operations Unit in 2019. Commander Scholl, with Kurt Hanson and Margaret Yetter weighing in, cited these improvements in the system: 1) response times are quicker; 2) resources are more dedicated and focused because employees each have one major assignment, whether investigations or administration; 3) internal communications and coordination are improved even though coordination requires a great amount of time and energy; and 4) judges are more aware of the problems that result from Code violations and the challenges and complexities of bringing offenders to justice. Housing: 8. Council agreed with the Administration that cities need to appeal to the State Legislature to refrain from enacting housing legislation that reduces local control. Rather than dictate a single solution, the legislature should motivate and incentivize higher density and greater variety of housing types by recognizing the differences among cities across the state in terms of the amount of land available for development or redevelopment and in housing stock and affordability. 9. The Council also recognized that Kent needs a more diverse housing stock, particularly: 1) entry level and workforce housing for first-time homeowners, many of whom are young people, including those who grew up in Kent, moved away, and would like to come home; and 2) townhomes and condos for elderly residents who would like to remain in Kent but need more housing choices to be able to do so, and for others who may not own a car but rely on transit. Downtown and Midway were mentioned as areas where the City should encourage transit-oriented development. Council members also mentioned that the City may need both additional permanent, supportive housing to help reduce homelessness and higher cost housing to attract more upper middle class residents. Homelessness: 10. The Council agreed that Kent and regional service providers need to focus more on preventing homelessness, and that to do so, communities must identify and address the root causes of homelessness. Best practices focus on housing first, and then employment and other services. Merina Hanson speculated that addressing the prevention side of the issue of homelessness could mean that the City helps fund a project in S outh King County that is not in Kent. 11. Council members responded with concern to the presentations by the ELT members about the ways in which cleaning up homeless camps and other impacts of homelessness are diverting resources from the core missions of departments, particularly Police, Parks and Recreation, and Public Works. 12. Council members agreed with the Administration’s priorities for addressing homelessness and support the interdepartmental approach. They also agreed that more resources, including more staff, may be needed. Council and the Administration will revisit the issue of resources as part of the development and deliberations of the 2021-’22 budget. 13. Regarding tenants rights, the Council agreed that the City needs to work closely with the Rental Housing Association. It also agreed that in six months or so the landscape around tenants rights will be clearer because a lawsuit should have been settled by then. Committee of the Whole: 14. Council agreed to reassess the use of the Committee of the Whole in October. In the meantime, the current COW structure should ensure that these interests of the Council are addressed: 1) sufficient control of the process; 2) meaningful, in depth discussions of the issues; 3) trust between the Council and Administration; and 4) efficiency. Departments should periodically provide reports and updates on what they are doing and trends they are witnessing. When assessing the Council’s structure, workshops and Council meetings could be included, too, to provide a complete picture and ensure that the whole system of meetings achieves the interests and needs of both the Council and Administration. RESPONSES TO ISSUES INDIVIDUAL COUNCIL MEMBERS RAISED Below are listed the issues that individual Council members raised during their phone conversations with Jim Reid prior to the retreat. Each of these issues was discussed during the retreat, some at the end of the day on Friday and some as the last item of business on Saturday. The issue appears below in italics; the response or recommended course of action immediately follows. 1. Enhance the focus on littering, graffiti, and other environmental issues. The shared interest expressed by both Council members and the Administration is to make littering and graffiti socially inappropriate and unacceptable. Bailey Stober volunteered to begin an educational campaign that uses humor to motivate people to keep their properties and public spaces clean, safe, and healthy. 2. Start an urban forestry program. The City catalogues and maintains trees in parks, street rights-of-way, and other public spaces. On March 18th the Parks and Recreation Department will brief the Council on its program to preserve trees on parklands. 3. Bring back the Green Kent Stewards Program. This is included in the natural resources management plan. 4. Placemaking: Allow residents to take ownership of certain areas by cleaning them up and/or creating wall murals, signs, crosswalks, etc. The Council and Administration support this concept. A goal of revitalizing three neighborhood councils is to stimulate neighborhood efforts to clean up and maintain public and private spaces. And staff could emphasize this idea with functioning neighborhood councils. 5. Work with Puget Sound Energy to advance the use of solar energy. The City is already partnering with Puget Sound Energy on this initiative. 6. “Beef up” the speakers series and workshops on Racial Equity and Social Justice. Get more people involved, including City employees. Derek stated that the Administration plans to grow this program. Fortunately, the events that have been conducted to date have attracted diverse audiences. The City can build on these successes. 7. ShoWare Center: What is happening there? Although it loses money, how does it benefit the City? As a result of the brief discussion, there was a general consensus that the City needs to tell the story of ShoWare Center’s benefits. 8. What does the data show about red light cameras and body cameras on police officers? Is the data indicating that the goals are being achieved? The Police Department plans to share the findings with Council at a summer workshop when there will be more data on how the red light cameras and body cameras are working. 9. ShoWare Center: Sikhs cannot bring the small knives that they carry into the facility. Consequently, Sikhs cannot attend events there. Change the practice? Council member Kaur is going to talk to Tim Higgins of the ShoWare Center about this issue. 10. What is the City doing with the feedback from citizens regarding their vision of Kent in twenty years that was obtained during the recent Town Hall meetings? Do we plan to report the results to the public? If so, how? And how will the public know about the action plan? Some of the ideas are already being implemented, while some others were not realistic. Approximately 40% of the ideas focused on communications between the City and public. Bailey is addressing many of the issues in the new communications strategic plan he is developing and implementing. 11. No clear path in terms of how Council members can introduce new legislation other than it appears something is assigned to the legal department. How does the issue get researched before it is decided to move forward to draft an ordinance, or to not do so? The procedures for placing an item on the Council’s agenda are included in Council Rules. A Council member may suggest to the Mayor that she propose legislation to the Council or can convince the majority of the Council to agree to take up an issue or item. 12. Create a Metropolitan Parks District (MPD)? This idea is included in the Parks Recreation Plan as one to explore in the future. As Derek stated, however, an MPD is probably not necessary because Kent already has voter-approved property tax capacity that residents could levy for parks and recreation. THE CITY’S MAJOR ACCOMPLISHMENTS OF 2019 Below are the City’s major accomplishments during 2019 that the Council and ELT cited at the beginning of this year’s strategic planning retreat. Some comments also defined future aspirations. These comments are reflections and perceptions of individuals; they do not imply consensus among the Council and between the Council and Administration. Each achievement made the person who cited it proud of the City, the community, the Council, and/or staff. ! City’s financial position is solid. ! Economic development initiatives such as Rally the Valley and Meet Me on Meeker are changing the perceptions of Kent in very positive ways. ! Our community is diverse and people are involved in the community at all levels and in many ways. ! Throughout the state and in Olympia Kent is recognized for the influence it wields in strengthening the economy and revenues. Aerospace is one example. ! Kids who grew up in Kent and left for college or for other reasons want to come back to raise their families. ! The community is becoming increasingly pedestrian and bike friendly. ! All communities are part of the conversation about the quality of life here and Kent’s future. ! The Council and Administration share the same vision. Together we are working to change negative perceptions about Kent and to tangibly improve the quality of life. ! Continuing to create jobs in Kent will also help change perceptions as well as put Kent in an even stronger financial position. ! We need to tell our story. Part of that story is that people are CHOOSING to live here. They desire to be here rather than just ended up here for a job or because housing is more affordable. ! The City can make a real difference in the quality of people’s lives. We should be mindful of that and harness the power. ! We are proud of both the Police and the Parks and Recreation Departments. We need to ensure they have stable, consistent, predictable funding sources. ! We are and need to continue to advance environmental programs. ! Kent should be more visible, including on freeway signs or on local weather reports. ! Beautification should be a priority; we could use fountains and other waterworks to achieve the goals. ! West Hill residents should be more included and involved. ! We should have a water park that would be both a recreational and economic development benefit. ! Keep Kent safe. ! We need higher end homes as well as housing for both low and middle income residents. ! Brought the lunar landing module to Kent. ! YMCA opening. ! Plastic bag ban. ! Opening the 224th St. Bridge. ! The work of ECD to attract businesses and strengthen the economic position of the City. ! Communications “stepped up” to engage more people. ! Kent’s presence and position in the region continue to grow. ! Kent 101: Kudos to the Administration for conducting this creative and effective civics training program for Kent residents. High school kids are even involved in it! So we should continue to expand its reach. ! We need to work even more closely with the Kent School District. The District is going through some adjustments so this may be the right time to engage with its leaders. ! The use of body cameras by police officers. ! The ELT is working as an effective team, not in functional silos. We are ONE KENT. ! First round of rental inspections. ! Sound Transit Operations Maintenance Facility (OMF). ! Blue Origin Agreement provided funding to improve roads in the area. ! The sale of the property on Naden Avenue. ! The move of Code Enforcement into the Police Department. ! O Court. ! Enhanced website funded by funding from red light camera revenues. ! Laserfiche: It has required the involvement and cooperation of all departments and creates greater public transparency. ! Two new judges. ! Two labor contracts were successfully negotiated. ! The new Human Resources payroll system. ! IT and ECD are working together to launch the new permitting system. In 2020 more systems and services will also go on-line. ! IT staff has worked long hours and creatively to get systems deployed. ! IT and the Legal Department achieved the Cable Franchise Agreement. ! Committee of the Whole allows all Council members to hear everything simultaneously and relieves staff of a lot of burden. For example, creating agendas for COW is accomplished within the system for producing the Council meeting agendas, making the task far more efficient. ! Meet Me on Meeker is very impressive and has “taken off.” ! Former employees such as Paula and Teri have returned to work for the City; we are attracting qualified new employees, too. By stabilizing the City’s finances, the Council has created an environment that retains good employees and attracts new ones. ! Kent’s regional involvement in many issues. ! The annual financial report and budget were team efforts by all departments. ! The auditor did not recommend corrections to our Comprehensive Annual Financial Report. ! Improved utility bill payment processing with new point of sale system. ! The Council’s willingness to compromise and work hard, and to collaborate with the Administration led to the significant accomplishments of 2019. ! Blue Origin illustrated that the City’s vision and goals are “very much in play.” Thank you to the Council for authorizing the development agreement. ! Rally the Valley is now one-year old and five cities now call themselves part of the Kent Industrial Valley. ! The Council continued to allow the departments to take risks. An example: the new YMCA. ! The City got a new partner for the golf course. With Council support, we blew up the old model and created something creative and reflective of the times and circumstances. ! The $1.4 million levy for seniors. ! The Parks and Recreation Department continually talks to the people of Kent and involves them in its strategic planning. ! We are working to double the number of volunteers who are involved with us. An example: Adopt a Street program. ! Staff willingly provides answers to the Council so that we can do our jobs better. “You guys are very, very good.” ! The staff is also excellent at showing the Council how “you got to where you are. This helps us understand the issues and your recommendations better.” ! We need to continue to get Kent out in front of the world. MAJOR CHALLENGES FACING KENT IN THE FUTURE The Council also some major challenges that are likely to face the community and City government in the future. ! Homelessness, a current problem that is likely to become even more challenging on the local, regional, state, and national levels. ! The financial structural imbalance. ! In the immediate future, participation of everyone in the 2020 U.S. Census. ! Retirements of long-time employees with institutional memory. This requires the City to have a succession plan in place to prepare the next generation of leaders. ! Recruitment and retention of employees, particularly in competition with the private sector that pays better. ! Sufficiently fund the Police Department to reduce or at least not increase the department’s reliance on the General Fund. ! Transportation, particularly moving people efficiently within the city. ! Protecting tenants. WHAT THE VISION,VALUES, MISSION, AND GOALS MEAN TO US Council members and Mayor Ralph discussed what the vision, mission, and goals mean to them. ! “They are our road map. They allow us to fulfill our responsibilities with integrity. They guide us in determining whether or not a proposed policy or action fits within our mission. I refer people to them so that they understand better what we are doing and why.” ! “They hold us together and tell a story. They provide or stimulate innovation, integrity, and teamwork. “ ! As Council members “we are individuals. But our values and vision unite us into a team.” ! How can we do an even better job of telling our story to the public using these tools? ! In 2019 the ELT conducted activities around the values. What do they mean? How do they guide us? ! We should showcase our vision, values, mission, and goals across the community—to the public and to businesses. ! This provides the opportunity to create one giant Makerspace to educate the public and build community. Michael Mage told the Council that he is working with the ELT in 2020 to create SMART goals or objectives (Specific, Measurable, Achievable, Relevant, and Timed) and performance measures that will implement the goals as well as link departmental operations to the goals. Before the discussion ended, a suggestion was made to replace the value “Communication” with “Engagement.” This might signal more of a two-way street in the relationship between the people of Kent and their City government. It was pointed out that elsewhere all six values are headlined with one word but have a little longer definition. For example: “Communication: Connect to understand.” And the goal of “Inclusive Community” includes this definition: “Embracing our diversity and advancing equity through genuine community engagement.” As this conversation continued, Council members expressed enthusiasm for the Vision statement: “Where people choose to live and businesses change the world.” They also said that it may be challenging to build enthusiasm for the mission, values, and goals unless the public sees that they are real. For this to happen, the City must demonstrate that its projects and programs clearly, directly, and tangibly reflect and bring to life the mission, values, and goals. KEY POINTS OF THE DISCUSSION ABOUT COMMUNICATIONS The last session on Friday focused on communications. As noted in the summary of the agreements that emerged from the retreat, as a result of Bailey Stober’s presentation, the Council voiced its support for the plan’s direction and for delaying the resident survey in favor of conducting public outreach that is targeted to soliciting public input on specific issues or proposals. One of the first things Bailey said as he began his overview of the communications strategic plan was that the Council is correct in believing that the vision, mission, values, and goals will be more meaningful and more effective marketing tools when the public sees tangible results and benefits from them. “They have to be real and relevant.” Other highlights of Bailey’s comments and the comments of Council and ELT members were: 1. Mayor Ralph wants a new approach to communications and wants everyone from the Council to front-line employees to be involved by communicating clear, consistent messages that will resonate with the public. 2. The Council’s vision, values, and mission guide the communications strategic plan; the plan’s twenty-seven objectives/goals/metrics are intended to implement the vision, values, and mission. 3. We are building on the vision to “brand” the City externally. This involves telling stories that are meaningful to people. Bailey’s approach is to focus on the human interest in those stories. 4. Major projects need to be branded. What does a project mean to people and the community? What are their benefits? “What’s in it for me?” 5. Build customer service through social media platforms. Using humor and pictures gets many more “likes” and attention than messages that are only words. Instagram is even more useful than Twitter and Facebook. 6. We need to tell the good news stories, too. 7. We must recognize that our approach is transformational and will take time. 8. Bailey is working closely with the Public Information Officers in the departments. He’ll work in collaboration with the new communications coordinator that the Police Department will soon hire, and he is working closely with the PIOs from Public Works and Parks and Recreation. He chairs a monthly meeting of the communications employees of every department. 9. An innovation in the City’s approach to communications is the State of the City address by Mayor Ralph will be held at Blue Origin on March 5th. It will focus on innovation, jobs, and public safety. 10. Kurt suggested that the billboards notifying the public of land use actions could be changed to become more eye-catching and to more effectively communicate key messages from the City. 2020 CITY COUNCIL RETREAT QUIZ CHAMPION Congratulations Chief Padilla! At the end of the retreat on Saturday afternoon, Police Chief Raf Padilla won the First Annual City Council Strategic Planning Retreat Quiz, “How Well Do You Know Kent?” Congratulations Raf! Better luck next year everyone. Start studying! CITY OF KENT CITY COUNCIL ANNUAL PLANNING SESSION Friday, 5 February 2021 12:00 – 5:00 p.m. Via Zoom Conferencing GUIDING PRINCIPLES to Guide the Council’s Discussions and Decision-Making 1. Assume that others are acting with good intent. 2. Respect differing views. 3. Remain open-minded. 4. Be candid, but kind. 5. No surprises! 6. Have each other’s backs. 7. Think about who is not at the table. What are their needs, concerns, and interests? 8. Look for common ground. Whenever possible, seek consensus. 9. Once a decision is made, join together to make it work. 10. Show up to meetings prepared. 11. Extend grace to others – cut them some slack. Our vision Integrity Caring Communication Teamwork Innovation Achievement Thriving City Evolving Infrastructure Inclusive Community Innovative Government Sustainable Services goals The City of Kent is committed to building a safe, thriving, sustainable and inclusive community. values mission Meeting Subject to OPMA?Week Day of Week Time Frequency Location Contact Person Contact Number Appointments Committee of the Whole or Council Only 2021 Boards and Commissions S:\PUBLIC\City Clerk's Office\City Council City Council Workshop Council Representative(s) - All City Council Members Bill Boyce - Chair Y 1st/3rd Tuesday 5 p.m.Monthly CC East Kimberley A. Komoto Katy McKee 253-856-5728 253-856-5729 City Council Council Representative(s) - All City Council Members Dana Ralph - Mayor Y 1st/3rd Tuesday 7 p.m.Monthly CC East/West Kimberley A. Komoto Katy McKee 253-856-5728 253-856-5729 Committee of the Whole Council Representative(s) - All City Council Members Bill Boyce - Chair Y 2nd/4th Tuesday 4 p.m.Monthly CC East/West Kimberley A. Komoto Katy McKee 253-856-5728 253-856-5729 Arts Commission Council Representative: Brenda Fincher Appointed by Council President KCC 4.02.030 Y 2nd Wednesday 5:30 p.m.Monthly Centennial 402 Ronda Billerbeck Calleen Bidman 253-856-5055 253-856-5052 Mayor Appoints/Council Confirms Council Only Bicycle Advisory Board N Last Monday 5:45 p.m.Monthly Centennial North Erik Preston 253-856-5596 Mayor Appoints/Council Confirms Council Only Civil Service Commission KCC 2.51.010 Y 4th Wednesday 5:30 p.m.Monthly CC West Natalie Winecka 253-856-5282 Mayor Appoints NONE Cultural Communities Board N 4th Tuesday 6:30 p.m.Monthly Varies Uriel Varela 253-856-6064 Mayor Appoints/Council Confirms Council Only Disability Retirement Board (LEOFF 1) Council Representatives: Les Thomas, Toni Troutner Appointed by Mayor KCC 2.55.020 Y 2nd Thursday 3 p.m.Quarterly Centennial, Rm 401 Amy Caraballo 253-856-5279 Mayor Appoints NONE Firemen's Relief Pension Board Council Representative: Les Thomas Chair of Operations Committee RCW 41.26.020 Y 3rd Tuesday 3:30 p.m.Quarterly Mayor's Conf Rm Kimberley A. Komoto 253-856-5728 Human Services Commission Council Representative: Dennis Higgins 1 Council Representative KCC 2.53.040 Y 3rd Thursday 2:30 p.m.Monthly Centennial, Rm 401 Christine Cain 253-856-5063 Mayor Appoints/Council Confirms Council Only Land Use & Planning Board Y 2nd/4th Monday 6 p.m.Monthly Council Chambers Tanya Kosen 253-856-5461 Mayor Appoints/Council Confirms Council Only Lodging Tax Advisory Committee Council Representative: Bill Boyce Appointed by Council President to Serve as Chair KCC 2.54.020 Y 4th Monday 4 p.m.Every other month Centennial N & S Michelle Wilmot Rhonda Bylin Bill Ellis 253-856-5709 253-856-5457 253-856-5707 Council Appoints Committee of the Whole AND Council Puget Sound Regional Fire Authority Council Representative: Bill Boyce, Toni Troutner, Les Thomas Parks and Recreation Commission Y 4th Wednesday 6 p.m.Monthly Centennial 105/107 Ron Lashley 253-856-5101 253-856-5111 Mayor Appoints/Council Confirms Council Only Public Facilities District Board Y Last Thursday 4:30 p.m.January, April, July, and October ShoWare Center Kimberley A. Komoto 253-856-5728 Council Appoints Committee of the Whole AND CouncilAdvisory committeesCity Council Arts Commission Position #Title Name Term Initial Term Term Expiration 1 Corresponding Secretary Christy Caravaglio 4 years 06/21/16 10/1/2017 10/1/2021 2 Commissioner Sandi Westman 4 years 03/20/18 10/31/21 3 Vice Chair Dan Cox 4 years 10/31/21 4 Commissioner Bayard DuBois 4 years 10/31/2019 10/31/2023 5 Commissioner Tonya Goodwillie 4 years 10/31/21 6 Treasurer Gerard Philpotts 4 years 04/01/16 10/31/21 7 Commissioner Susan Machler 4 years 10/31/21 8 Commissioner Linda Mackintosh 4 years 10/31/21 9 Commissioner Hal O'Brien 4 years 12/08/15 10/31/21 10 Chair Suzanne Smith 4 years 10/31/21 11 Commissioner Michael Taskey 4 years 10/31/2019 10/31/23 12 Recording Secretary Susan Bagrationoff 4 years 12/01/18 10/31/22 13 Commissioner Campbell Kristenson 4 years 02/05/19 10/31/22 14 Commissioner Colleen Maloney 4 years 2/7/2017 10/31/2021 Alternate Alternate Commissioner Sherelle Owens 1 year 2/5/2019 10/31/2022 Councilmember Brenda Fincher 1 year 01/01/18 12/31/20 14 Members - Appointed by Mayor and confirmed by the City Council (Does not go through CoW) Four year terms - Youth Representative can serve from one, up to three year term(s) One Council representative, appointed by the Council President Meets second Wednesday @ 5:30 p.m., Centennial 402 Officers occupy positions for one year NO TERM LIMITS ADMINISTRATOR: Ronda Billerbeck Kent City Code Chapter 2.61 Bicycle Advisory Board Position #Title Name Term Appointment Term Expiration 1 Mel Roberts 2 years 1/15/2019 3/31/2021 2 Aaron Dent 2 years 4/21/2020 3/31/2022 3 Julie Dunn 2 years 7/16/2019 3/31/2021 4 Connie Stolpp 2 years 4/21/2020 3/31/2022 5 Nik Shetye 2 years 2/4/2020 3/31/2021 6 Vice-Chair Andrew Sobczyk 2 years 4/21/2020 3/31/2022 7 Dave Peterson 2 years 2/4/2020 3/31/2021 8 Chair Wendy Graves 2 years 4/21/2020 3/31/2022 9 Daren Osborn 2 years 7/16/2019 3/31/2021 10 Vacant 3/31/2022 11 Secretary Joe Cimaomo 2 years 9/17/2019 3/31/2021 ADMINISTRATOR: Rob Brown and Erik Preston Chapter 2.62 Kent City Code (Ordinance No. 4319) NO TERM LIMITS Terms are two years long and staggered by a year, terms begin April 1 and end March 31 two years later, odd numbered positions begin in odd numbered years and even positions begin in even years No more than 11 members appointed by the Mayor and confirmed by the City Council - Directly to Council Members are from bicycle organizations or dealers, business representatives and interested citizens. Civil Service Commission Title Name Term Initial Appointment Term Expiration Commissioner Pauline Thomas 6 years 5/17/2002 4/30/2022 Commissioner Callius Zaratkiewicz 6 years 5/31/1990 4/30/2026 Chair Jeff Piecewicz 6 years 3/1/2014 4/30/2024 ADMINISTRATOR & Chief Examiner: Natalie Winecka Chapter 2.51 Kent City Code (Ordinance Nos. 778, 2868), RCW 41.12 Members appointed by the Mayor - DO NOT need to be confirmed by the Council Members must have been a resident of Kent for three years prior to appointment Meets 4th Wednesday of each month @ 5:30 p.m. - Chambers West Six Year Terms NO TERM LIMITS Cultural Communities Board Positon #Name Initial Appointment Term Expiration Rand Al Hammadi 7/19/2016 7/31/2021 Vaivao Semisi-Tupou 7/19/2016 7/31/2021 Marvin Eckfeldt 7/19/2016 7/31/2021 Yusuf Bashir 7/19/2016 7/31/2021 Oleg Pynda 9/20/2018 7/31/2021 Tanya Medina 9/20/2019 7/31/2021 Ayat Murad 9/20/2018 7/31/2021 Taffy Johnson 9/20/2018 7/31/2021 Caitlin Konya 8/20/2019 7/31/2021 Lelei Masina 9/20/2018 7/31/2021 Mizanur Rahman 7/19/2016 7/31/2021 Davies Chirwa 9/20/2016 7/31/2021 Chair Sara Franklin-Phillips 8/15/2017 7/31/2021 Norma Maldonado 9/20/2016 7/31/2021 Padiet Thoa 3/17/2020 3/17/2021 ADMINISTRATOR: Uriel Varela Board shall consist of UP TO 18 members, two shall be youth members Terms are one year - Mayor can reappoint & Council can confirm successive one-year terms Meets NO LESS THAN once per quarter - Meets 4th Tuesday of Each Month Appointed by Mayor and Confirmed by Council - Directly to Council NO TERM LIMITS Any member who misses three consecutive meetings without being excused by the board may be recommended for dismissal to the Mayor KCC 2.56 (Ordinance No. 4184) (Consist of Kent residents who are representative of cultural & ethnic diversity of Kent community) Disability Retirement Board Title Name Initial Appointment Term Term Expiration Fire Representative, Chair Bill Johnson 01/01/11 2 years 12/31/20 Police Representative Bob Holt 01/01/12 2 years 12/31/21 Member at Large Leslie Eskridge 09/19/19 2 years 12/31/21 Council Member Toni Troutner 01/01/18 2 Years 12/31/21 Council Member Les Thomas 01/01/18 2 Years 12/31/21 ADMINISTRATOR: Ana-Maria Nemes Meets Quarterly, 2nd Thursday of January, April, August, and November at 3 p.m KCC 2.55 (Ordinance 2183), RCW 41.26.110 -.115 Two Councilmembers appointed by the Mayor - DOES NOT need to go through Council Two-year terms Chair is elected by membership for a one-year term Administrator sends notice to Mayor for the reappointment of two councilmembers NO TERM LIMITS One firefighter employed by or retired from the City elected by the firefighters employed or retired by the City One member of the public who resides in the City to be appointed by the other four appointed and elected members One law enforcement officer employed by or retired from the City elected by the law employement officers employed or retired by the City Firemen's Relief Pension Board Position Title Name Term Initial Appointment Term Expiration 1 Board member Sam Grubbs 2 years 7/1/2012 6/30/2022 2 Board member Al Bond 2 years 7/1/2013 6/30/2021 ALTERNATE Alternate Marvin Berg 2019 Mayor Chair Dana Ralph City Clerk Secretary Kimberley A. Komoto Councilmember Board member Les Thomas 1 year 1/1/2018 12/31/2020 Three votes = quorum Open to the public ADMINISTRATOR: Kimberley A. Komoto NO TERM LIMITS RCW 41.06 and 41.18 Mayor, City Clerk, Councilmember appointed by Council President and two regularly employed or retired firefighters and a firefighter alternate (in case one firefighter is absent) Firefighter Board members are elected by secret ballot of the firefighters and serve two-year terms Meet Quarterly @ City Hall - 3rd Tuesday at 3:30 p.m. Human Services Commission Title Name Term Limits Initial Appointment Term Expiration Chair Rickie Robinson 3 years 1/1/2020 12/31/2022 Chair (Elect)Connie Stolpp 3 years Commissioner Zenovia Harris 3 years 12/31/2017 12/31/2022 Commissioner Gina Bellisario 3 years 1/1/2019 12/31/2022 Commissioner Mike Heinisch 3 years 2/1/2020 12/31/2020 Commissioner Bill Hallerman 3 years 1/1/2018 12/31/2020 Commissioner Selamavit Demssie 3 years 1/30/2019 12/31/2021 Council Representative Zandria Michaud 1 year 1/1/2020 12/31/2020 Youth Member Sara Roach 1 to 3 years 4/1/2018 4/1/2020 Youth Member VACANT 1 to 3 years Commissioner (Alternate)Dr. Rev. Joyce Parry Moore 2 years 2/1/2020 2/1/2021 ADMINISTRATOR: Christine Cain Kent City Code Chapter 2.53 (Ordinance Nos. 2655, 2891, 3861, 4029) Ten members only Appointed by Mayor and confirmed by the City Council - Directly to Council Four (4) members must be RESIDENTS of the City of Kent One Council representative appointed to a one-year term Meets Third Thursday of Each Month NO TERM LIMITS Appointments shall reflect a balance of interests and should be equally proportionate and contain no more than two (2) representatives, to the extent practicable, from each of the following communities, entities, or interest groups: business, educational, spiritual, charitable, civic, past or present receivers of human services, and providers of human services One youth representative of high school age appointed to at least a one-year term, but may be appointed to as much as a three-year term In case of a vacancy, the Mayor appoints a new commisioner, Council confirms, to serve the remainder of the unexpired term Land Use & Planning Board Title Name Term Length Initial Appointment Expiration Date Chair Ali Shasti 3 years 12/12/2017 12/31/2020 Vice-Chair Shane Amodei 3 years 7/18/2017 12/31/2021 Boardmember Paul Hintz 3 years 7/18/2017 12/31/2022 Boardmember Katherine (Kathi) Jones 3 years 2/4/2014 12/31/2022 Boardmember Gwen Allen-Carston 3 Years 1/2/2018 12/31/2020 Boardmember Joseph O'Toole 3 years 1/1/2020 12/31/2022 Boardmember Dione Dittmar 3 years 1/1/2020 12/31/2022 Secretary Hayley Bonsteel Permanent ADMINISTRATOR:Tanya Kosen Kent City Code Chapter 2.57 (Ordinance No. 3512), RCW 35.21.200 Seven members All terms expire on December 31st of the last year of the term. Meets second and fourth Mondays at 6 p.m., Council Chambers NO TERM LIMITS Officers are elected during November - Term January 1 - 12/31. Appointed by Mayor and confirmed by the City Council (Appointments shall be deemed confirmed if not acted on within thirty (30) days following the Mayor’s submittal of his or her nomination to the Council President) - Directly to Council ALL members must be residents of the City of Kent. (When making the appointments, the Mayor shall consider appointments from residents residing at different locations of the City) In case of a vacancy, the Mayor shall appoint a new board member, subject to Council confirmation, to serve the remainder of the unexpired term Lodging Tax Advisory Committee Position #Title Name Term Length Term Expiration 2 Hotel Industry David Kwok 3 years 7/31/2022 6 ?John Casey 3 years 7/31/2022 7 Activites Funded by Tax Visitor Promotion Gaila Guttierez 3 years 12/31/2021 5 ?Tim Higgins 3 years 9/5/2022 3 ?Andrew Hutchison 3 years 12/31/2021 4 - Collects Tax Bryan Powell ?????5/31/2022 8 Visitor Promotion Erin McCallum 3 years 11/20/2022 Councilmember Committee Chair Bill Boyce 1 year 12/31/2020 Staff Kurt Hanson Staff Rhonda Bylin Staff Paula Painter Advisory Member Visitor Promotion Zenovia Harris ADMINISTRATOR: Rhonda Bylin Kent City Code Chapter 2.54 (Ordinance Nos. 3417, 3930, 4176, 4187) Nine members only Council President shall appoint a member of Council to serve as chair of the committee Meets Fourth Monday of Each Month Appointed by the City Council - Must go through Committee of the Whole then to Council NO TERM LIMITS Four members appointed by the City Council who are representatives of business required to collect lodging tax under RCW Chapter 67.28 4 members appointed by the City Council, involved in activities authorized to be funded by lodging tax revenues received under RCW Ch. 67.28 Parks and Recreation Commission Title Name Original Term Initial Appointment Term Expiration Term Length Bonnie Williams 3 years 7/16/2019 7/15/2022 3 years Caitlin K Hepworth 3 years 1/7/2020 1/6/2023 3 years Chad McClung 3 years 5/5/2020 5/4/2023 3 years Jennifer Ritchie 3 years 1/17/2017 1/16/2023 3 years Kristie Duggan 3 years 10/16/2018 10/15/2021 3 years Vice-Chair Richard Minutoli 3 years 1/17/2017 1/16/2023 3 years Chair Scott R Taylor 3 years 10/16/2018 10/15/2021 3 years Seong Yoon 3 years 3/3/2020 3/2/2023 3 years Todd Minor 3 years 10/16/2018 10/15/2021 3 years Vacant Vacant Alternate Vacant ADMINISTRATOR: Ron Lashley Kent City Code Chapter 2.60 (Ordinance No. 4117, Amended 2018 ) 12 members + 1 optional alternate Three year terms Appointed by the Mayor and confirmed by the City Council - Directly to Council Chair and Vice-Chair - elected annually. Quorum = Majority Monthly Meetings Members of the parks and recreation commission shall be removed for unexcused absence from more than three (3) consecutive regular meetings, or may be removed by a majority vote of the entire parks and recreation commission for neglect of duty, conflict of interest, malfeasance in office, or other just cause. The decision of the parks and recreation commission shall be final, and there shall be no appeal. When a vacancy occurs on the parks and recreation commission, appointment for that position shall be for three (3) years, or for the remainder of the unexpired term, whichever is the shorter period of time. At least ten persons appointed to serve on the parks and recreation commission shall reside within the corporate limits of the city. To the extent practicable, appointment shall reflect a balance and diversity of users of and interests in Kent’s parks and recreation services, and shall include not more than two youth representatives of high school age who live within the city’s municipal boundaries. NO TERM LIMITS Public Facilities District Board Position #Title Name Initial term Original Appointment Expiration Date 1 - Appointed by the Council Vice Chair Jeff Piecewicz 4 years 9/1/2012 8/31/2024 2 - Appointed by the Council Chair Greg Haffner 5/21/2019 8/31/2021 3 - Appointed by the Council from recommendations received from local organizations Secretary Randal Smith 4 years 9/4/2007 8/31/2022 4 - Appointed by the Council from recommendations received from local organizations Board Member Carmen Goers 4 years 9/1/2015 8/31/2023 5 - Appointed by the Council from recommendations received from local organizations Board Member Zenovia Harris 4 years - Complete Lew's term 5/19/2020 8/31/2023 Finance Director Treasurer Paula Painter City Clerk Kimberley A. Komoto ADMINISTRATOR: Kimberley A. Komoto Meets Quarterly, Last Thursday of Month TERM LIMITS UNDEFINED After the initial term, all Directors shall be appointed to four year terms The anniversary date of each appointment shall be September 1 of each year Ordinance No. 3852 Positions 1 and 2 are appointed by the Council (after recommendation from the Economic and Community Development Committee), Positions 3, 4, and 5 are appointed by the Council based on recommendations from local organizations - Must go through Committee of the Whole and then through Council Washington State Landlord–Tenant Laws P a g e | 1 WASHINGTON STATE LANDLORD–TENANT LAWS RESIDENTIAL-LANDLORD TENANT LAWS The landlord-tenant relationship in Washington is defined through several state laws encompassed in Title 59 RCW. Notably, the Residential-Landlord Tenant Act (RLTA) codified in Chapter 59.18 RCW regulates the rights and duties of both landlords and tenants, as well as provides procedures for either party to enforce their respective rights in the event a violation of the RLTA should occur. The RLTA covers most landlord-tenant relationships with the general exception of the following: • Residence in a medical, religious, educational, or recreational institution, including but not limited to, correctional facilities, licensed nursing homes, monasteries and convents, and hospitals • Residence in a hotel, motel, or other transient lodging • Residence in manufactured or mobile homes (controlled by Chapter 59.20 RCW Manufactured/Mobile Home Landlord-Tenant Act) It is unlawful for a landlord to remove or exclude a tenant from the premises except through the unlawful detainer/eviction process. UNLAWFUL DETAINER/EVICTION PROCESS If a tenant fails to comply with their obligations under the RLTA or a term of a rental agreement, the landlord may seek the removal of the tenant through the unlawful detainer/eviction process pursuant to Chapter 59.12 RCW. The unlawful detainer/eviction process can be broken down into the following steps: 1) Landlord provides proper notice to the tenant to correct the issue and/or vacate; 2) If the issue is not corrected and/or the tenant remains in the rental unit, the landlord may file a Summons & Complaint with the court (with copies served upon the tenant) to initiate the formal eviction process; 3) If the tenant does not respond to the action, the landlord may move for a default judgment without further notice to the tenant; 4) If the tenant appears and responds to the complaint, the landlord must schedule a Show Cause hearing with the court which requires that they demonstrate good cause for the eviction; 5) If the court rules in favor of the landlord, a Writ of Restitution is issued and possession of the property is returned to the landlord. The writ is served on the tenant by the sheriff’s office, who is also afforded the authority to assist in carrying out the physical eviction if needed. The attached Washington Flow Chart explains the eviction process. The timeline for this process is dependent on the reason for the eviction. Washington State Landlord–Tenant Laws P a g e | 2 ANTI-DISCRIMINATION LAWS Washington law prohibits discrimination with regards to rental housing on the basis of sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, families with children status, honorably discharged veteran or military status, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability. RCW 49.60.222/WAC 162-36-005. An act of discrimination can take many different forms. State law provides specific examples of unlawful discriminatory acts including but not limited to: • Refusal to rent • Discriminatory acts with respect to terms, conditions, or privileges of a rental • Refusal to transmit a bona fide offer to rent • Falsely representing that property is not available for rent • Eviction Further protections against discrimination are extended by statute to individuals with disabilities, including, sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person who is blind, deaf, or physically disabled. Reasonable accommodations must be provided by a landlord with respect to rules, policies, practices, or services when necessary for the person with the disability to fully enjoy the dwelling unit. If reasonable modifications to the dwelling unit are necessary for the disabled person to be afforded full enjoyment of the unit, the landlord may be required to provide those modifications. Costs associated with the modifications are at the expense of the person with a disability and the landlord may require that the dwelling unit be restored to its original condition when the tenant leaves. RETALIATION Tenants who are in compliance with the terms of the RLTA and the rental agreement are protected by RCW 59.18.240-250 with the ability to assert their rights as a tenant and to make valid, good-faith complaints without fear of retaliation by the landlord. If a tenant believes the landlord has failed to substantially comply with any code, statute, ordinance, or regulation governing the maintenance or operation of the premises, and the condition may endanger or impair the health or safety of the tenant, they may submit a complaint or report to the appropriate agency to seek enforcement or relief. If a tenant chooses to seek enforcement or relief measures, it is unlawful for a landlord to engage in any type of retaliatory action in response. Retaliation or retaliatory acts include, but are not limited to, eviction, rent increase, reduction of services to the tenant, and increasing the tenant’s obligations. Eviction Notice Timelines State Law Compared to Seattle Just Cause Ordinance Note: Seattle’s just cause ordinance limits the ability of the landlord to terminate the landlord-tenant relationship to specified circumstances, many of which are reflected above under “Reason for Eviction.” The following constitute the additional bases to terminate the landlord-tenant relationship under Seattle’s ordinance. Under some of the circumstances below, the landlord must provide the tenant with relocation assistance, and no notice time is specified: • Owner seeks to discontinue sharing with tenant of housing unit in which owner resides or an accessory dwelling unit of the lot on which owner resides • Owner is found in violation of regulations regarding an accessory dwelling unit and must discontinue use to come into compliance • Tenant’s occupancy is conditioned on employment on premises (e.g. on-site manager) • Tenant seeks to reduce the number of individuals to comply with building/zoning codes • There is an emergency condition requiring housing unit(s) be vacated or closed Reason for Eviction Current State Law (RCW) Applicable in Kent Days of notice required before starting eviction process in court Seattle Just-Cause Ordinance Days of notice required before starting eviction process in court Tenant fails to pay rent 14 days’ notice RCW 59.18.057/RCW 59.12.030(3) 14 days’ notice SMC 22.206.160(C)(1)(a) Note: Seattle also has provision for habitual violations of rental agreement Tenant violates term of rental agreement 10 days’ notice RCW 59.12.030(4) 10 days’ notice SMC 22.206.160(C)(1)(a) Note: Seattle also has provision for habitual violations of rental agreement Tenant damages units, engages in illegal business or nuisance behavior 3 days’ notice RCW 59.12.030(5) 3 days’ notice SMC 22.206.160(C)(1)(a) Tenant engages in criminal behavior on the property 0 days for gang-related activity – Possibly 3 days for other criminal activity RCW 59.12.030(7) 0 days for any criminal activity that endangers other tenants or owners SMC 22.206.160(C)(1)(p) Owner or immediate family member wants to occupy unit 20 days’ notice RCW 58.19.200(1)/RCW 58.19.200(2)(c)(ii)(B) (no specific time provided – requires only general 20 day notice) 90 days’ notice which may be reduced to 20 days if hardship on owner SMC 22.206.160(C)(1)(e) Owner wants to sell the property 20 days’ notice RCW 58.19.200(1) (no specific time provided – requires only general 20 day notice) 90 days’ notice for single family residence rental which may be reduced to 60 days if hardship on owner SMC 22.206.160(C)(1)(f) Owner plans to convert property to condo 120 days’ notice RCW 59.18.200(2) RCW 64.34.440(1) 120 days’ notice SMC 22.903.030 (refers to RCW 64.34.440(1)) Tenant displacement caused by major renovation, demolition of building or conversion of building to non-residential use 120 days’ notice RCW 59.18.200(2) 90 + 10 days’ notice SMC 22.210.080-120 Termination of a month-to- month tenancy Written notice of 20 days or more prior to the end of the month RCW 59.18.200(1)(a) Not permitted without other reason – Not considered just cause Comparison of Tenant Rights Ordinances in South King County Subject Auburn Burien Federal Way [Note: Passed by Initiative] To what rental relationships does ordinance apply? Single family and multi- family – appears to apply to room rentals in single family Single family and multi- family – appears to apply to room rentals in single family Single family and multi- family – appears to apply to room rentals in single family Distribution of Information Regarding Rental Regulations to Tenants • Info packet developed by city • Landlord must provide to tenant at time of application for new tenants • Landlord must provide to existing tenants within 30 days • Info packet developed by city • Landlord must provide to tenant at time of application for new tenants • Landlord must provide to existing tenants within 30 days No provision Rent Increase • If increase 5% or less = 60-day notice per RCW 59.18.140(3) • If increase over 5% = 120-day notice • Cannot increase rent during term of a fixed lease and must give 120- day notice for rent increase for renewed fixed term No provision No specific provision, but 60-90 days prior to expiration of rental agreement, landlord must offer to extend rental agreement, but may increase rent and must provide tenant with 30 days to consider changes Rental Deposits (security deposit and last month’s rent) Permitted on following conditions: • Cannot exceed monthly rent • Installment payments permitted • Security deposit placed in trust account • Rental agreement must be in writing • Landlord must provide damage review/checklist at time of deposit Permitted on following conditions: • Installment payments permitted • Security deposit placed in trust account • Rental agreement must be in writing • Landlord must provide damage review/checklist at time of deposit No provision Late Payment of Rent Fees cannot exceed $10 No provision No provision Listing of Property for Sale • 60-day notice of sale must be provided to city prior to listing • Applies only to multi- family property of five units or more and then only if any one of the units is considered affordable housing. • 60-day notice of sale must be provided to city prior to listing • Applies only to multi- family property of five units or more and then only if any one of the units is considered affordable housing. No provision Just Cause Eviction Tracks Seattle ordinance Tracks Seattle ordinance Tracks Seattle ordinance to some degree – though language might make enforcement challenging Enforcement • ECD Director charged with enforcement • Violations = $1,000 • ECD Director charged with enforcement • Violations = $1,000 • Violation of the just cause provisions constitutes a defense to eviction • Matter enforced through hearing examiner • Tenant may also enforce as individual via private civil action in superior court • Violation of the just cause provisions constitutes a defense to eviction • Matter enforced through hearing examiner • While a violation of the just cause provisions constitutes a defense to eviction, ordinance does not give individual the right to bring private civil action in superior court • Tenant may enforce as individual via private civil action in superior court Other • Establishes Office of Housing Ombudsman who reports to city manager • Prohibits landlord from retaliating against tenant for asserting tenant rights • Prohibits evictions based on tenant status as military, first responder, senior, family member, health care provider, educator • 60-90 days prior to expiration of rental agreement, landlord must offer to extend rental agreement but may change duration and financial terms of agreement and must provide tenant with 30 days to consider changes Lawsuits None – Adverse determination in lawsuits in Burien and Federal Way will impact Auburn ordinance Burien’s ordinance is being challenged in superior court on the following basis: (1) state preemption based on conflict with state law; (2) violates state prohibition on rent control; (3) violates free speech by controlling landlord communications; (4) constitutes unconstitutional taking of landlord property by infringing upon landlord’s right to exclude those who do not comply with lease terms, and interfering with sale of property; (5) violates substantive due process for requiring deposits in installments and interfering with landlord’s ability to remove tenants; (6) impairs the constitutional right to contract; (7) allows unconstitutional seizure of records by city; (7) violates the 30-day effective date required of ordinances. A summary judgement motion has been argued, but no decision has been issued. We can expect a decision within the next six weeks. The decision will likely result in an appeal. Federal Way’s ordinance is being challenged in superior court on the following basis: (1) the ordinance violated the city’s initiative process; (2) the ordinance does not express a single subject in its title; (3) numerous sections of the ordinance are administrative matters beyond the reach of the initiative process; (4) state preemption based on conflict with state law; (5) violates substantive due process for not specifying how penalties are set; (6) constitutes unconstitutional taking of landlord property by infringing upon landlord’s right to exclude those who do not comply with lease terms; (7) impairs the constitutional right to contract. Summary judgement was recently argued and claims 1-5 were dismissed. The remainder of the case is on hold pending the lifting of the state moratorium against evictions. The decision will likely result in an appeal.