HomeMy WebLinkAboutCity Council Committees - Operations and Public Safety Committee - 09/07/2021 (2)
Operations and Public Safety
Committee
Tuesday, September 7, 2021
4:00 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 828 3234 3327
Chair Toni Troutner
Councilmember Bill Boyce Councilmember Brenda Fincher
Councilmember Satwinder Kaur Councilmember Marli Larimer
Councilmember Zandria Michaud Councilmember Les Thomas
**************************************************************
Item Description Action Speaker Time
1. Call to Order Chair 01 MIN.
2. Roll Call Chair 01 MIN.
3. Agenda Approval Chair 01 MIN.
4. Business Chair 01 MIN.
YES
A. Payment of Bills - Authorize Paula Painter 01 MIN.
NO
B. INFO ONLY: Second Quarter Joe Bartlemay 15 MIN.
2021 Investment Report
YES
C. Possession of Drug Paraphernalia Pat Fitzpatrick 05 MIN.
Ordinance - Adopt
NO
D. INFO ONLY: Race and Equity Uriel Varela 15 MIN.
Update Merina Hanson
Unless otherwise noted, the Operations and Public Safety Committee meets at 4 p.m. on the
first and third Tuesday of each month in Kent City Hall, Council Chambers East, 220 Fourth
Avenue South, Kent, WA 98032.
For additional information please contact Kim Komoto at 253-856-5728, or mail
Kkomoto@kentwa.gov.
253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay
Service at 7-1-1.
Operations and Public Safety Committee CC Ops and September 7, 2021
PS Regular Meeting
5. Adjournment Chair 01 MIN.
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FINANCE DEPARTMENT
Paula Painter, CPA
220 Fourth Avenue South
Kent, WA 98032
253-856-5264
DATE: September 7, 2021
TO: Operations and Public Safety Committee
SUBJECT: Payment of Bills - Authorize
MOTION: I move to authorize the payment of bills.
SUMMARY:
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FINANCE DEPARTMENT
Paula Painter, CPA
220 Fourth Avenue South
Kent, WA 98032
253-856-5264
DATE: September 7, 2021
TO: Operations and Public Safety Committee
SUBJECT: INFO ONLY: Second Quarter 2021 Investment Report
SUMMARY: Cash and Investment Officer Joe Bartlemay will present the Second
Quarter 2021 Investment Report.
ATTACHMENTS:
1. Q2 2021 Investment Report_ (PPTX)
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ent
ortfolio
2021
-
Q2
City of K
Investment P
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June 30,2021.
–
rant funding. In addition,
A g
ARP
July 1, 2020
$14.1M of
the period of
time funds of
-
of SST Mitigation for
*In June 2021, the City received onethe City received $3.6M
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OFFICE OF THE CITY ATTORNEY
Pat Fitzpatrick, City Attorney
220 Fourth Avenue South
Kent, WA 98032
253-856-5770
DATE: September 7, 2021
TO: Operations and Public Safety Committee
SUBJECT: Possession of Drug Paraphernalia Ordinance - Adopt
MOTION: I move to adopt Ordinance No. 4412, repealing section 9.02.850
of drug paraphernalia laws are consistent with new state legislation.
SUMMARY: On February 25, 2021, the Washington State Supreme Court issued an
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.
possession with the inclusion of
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
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paraphernalia associated with
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)
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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,
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1 Amend Ch. 9.02 KCC
Drug Paraphernalia
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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:
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2 Amend Ch. 9.02 KCC
Drug Paraphernalia
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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
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3 Amend Ch. 9.02 KCC
Drug Paraphernalia
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APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
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4 Amend Ch. 9.02 KCC
Drug Paraphernalia
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OFFICE OF THE MAYOR
Mayor Dana Ralph
220 Fourth Avenue South
Kent, WA 98032
253-856-5710
DATE: September 7, 2021
TO: Operations and Public Safety Committee
SUBJECT: INFO ONLY: Race and Equity Update
SUMMARY: Race and Equity Manager Uriel Varela and Human Services Manager
Merina Hanson will provide an update on the Race and Equity project.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
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