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Home My WebLink AboutCity 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. 5/B 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: Qbdlfu!Qh/!4 5/C 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) Qbdlfu!Qh/!5 Buubdinfou;!R3!3132!Jowftunfou!Sfqpsu`!!)3946!;!JOGP!POMZ;!Tfdpoe!Rvbsufs!3132!Jowftunfou!Sfqpsu* 5/C/b Qbdlfu!Qh/!6 ent ortfolio 2021 - Q2 City of K Investment P Buubdinfou;!R3!3132!Jowftunfou!Sfqpsu`!!)3946!;!JOGP!POMZ;!Tfdpoe!Rvbsufs!3132!Jowftunfou!Sfqpsu* 5/C/b Qbdlfu!Qh/!7 Buubdinfou;!R3!3132!Jowftunfou!Sfqpsu`!!)3946!;!JOGP!POMZ;!Tfdpoe!Rvbsufs!3132!Jowftunfou!Sfqpsu* 5/C/b Qbdlfu!Qh/!8 Buubdinfou;!R3!3132!Jowftunfou!Sfqpsu`!!)3946!;!JOGP!POMZ;!Tfdpoe!Rvbsufs!3132!Jowftunfou!Sfqpsu* 5/C/b Qbdlfu!Qh/!9 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 Buubdinfou;!R3!3132!Jowftunfou!Sfqpsu`!!)3946!;!JOGP!POMZ;!Tfdpoe!Rvbsufs!3132!Jowftunfou!Sfqpsu* 5/C/b Qbdlfu!Qh/!: Buubdinfou;!R3!3132!Jowftunfou!Sfqpsu`!!)3946!;!JOGP!POMZ;!Tfdpoe!Rvbsufs!3132!Jowftunfou!Sfqpsu* 5/C/b Qbdlfu!Qh/!21 Buubdinfou;!R3!3132!Jowftunfou!Sfqpsu`!!)3946!;!JOGP!POMZ;!Tfdpoe!Rvbsufs!3132!Jowftunfou!Sfqpsu* 5/C/b Qbdlfu!Qh/!22 Buubdinfou;!R3!3132!Jowftunfou!Sfqpsu`!!)3946!;!JOGP!POMZ;!Tfdpoe!Rvbsufs!3132!Jowftunfou!Sfqpsu* 5/C/b Qbdlfu!Qh/!23 5/D 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 Qbdlfu!Qh/!24 5/D 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) Qbdlfu!Qh/!25 5/D/b 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, Buubdinfou;!Qpttfttjpo!pg!Esvh!Qbsbqifsobmjb!Psejobodf!!)3943!;!Qpttfttjpo!pg!Esvh!Qbsbqifsobmjb!Psejobodf!.!Bepqu* 1 Amend Ch. 9.02 KCC Drug Paraphernalia Qbdlfu!Qh/!26 5/D/b 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: Buubdinfou;!Qpttfttjpo!pg!Esvh!Qbsbqifsobmjb!Psejobodf!!)3943!;!Qpttfttjpo!pg!Esvh!Qbsbqifsobmjb!Psejobodf!.!Bepqu* 2 Amend Ch. 9.02 KCC Drug Paraphernalia Qbdlfu!Qh/!27 5/D/b 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 Buubdinfou;!Qpttfttjpo!pg!Esvh!Qbsbqifsobmjb!Psejobodf!!)3943!;!Qpttfttjpo!pg!Esvh!Qbsbqifsobmjb!Psejobodf!.!Bepqu* 3 Amend Ch. 9.02 KCC Drug Paraphernalia Qbdlfu!Qh/!28 5/D/b APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY Buubdinfou;!Qpttfttjpo!pg!Esvh!Qbsbqifsobmjb!Psejobodf!!)3943!;!Qpttfttjpo!pg!Esvh!Qbsbqifsobmjb!Psejobodf!.!Bepqu* 4 Amend Ch. 9.02 KCC Drug Paraphernalia Qbdlfu!Qh/!29 5/E 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. Qbdlfu!Qh/!2: