HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 5/2/2023 ^*4
KENT CITY COUNCIL AGENDA
• Tuesday, May 2, 2023
KENT 7:00 PM
WASH I NGTON
Chambers
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Mayor Dana Ralph
Council President Bill Boyce
Councilmember Brenda Fincher Councilmember Zandria Michaud
Councilmember Satwinder Kaur Councilmember Toni Troutner
Councilmember Marli Larimer Councilmember Les Thomas
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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
i. Employee of the Month
ii. Proclamation for Provider Appreciation Day
iii. Proclamation for Bike Everywhere Month
iv. Proclamation for National Correctional Officers' Week
V. Proclamation for Affordable Housing Week
City Council Meeting City Council Regular Meeting May 2, 2023
B. Community Events
C. Economic and Community Development Report
S. REPORTS FROM COUNCIL AND STAFF
A. Mayor Ralph's Report
B. Chief Administrative Officer's Report
C. Councilmembers' Reports
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.
Public Comment may be provided orally at the meeting, or submitted in writing, either by
emailing the City Clerk by 4 p.m. on the day of the meeting at CityClerkCDkentwa.aov or
delivering the writing to the City Clerk at the meeting. If you will have difficulty attending the
meeting by reason of disability, limited mobility, or any other reason that makes physical
attendance difficult, and need accommodation in order to provide oral comment remotely,
please contact the City Clerk by 4 p.m. on the day of the meeting at 253-856-5725 or
CityClerkOkentwa.go v.
When called to speak during the meeting, please state your name and city of residence for 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
Mayor0KentWA.gov and CityCouncilOKentWA.gov. Emails are not read into the record.
S. CONSENT CALENDAR
A. Approval of Minutes
i. City Council Meeting - City Council Regular Meeting - Apr 18, 2023
7:00 PM
B. Payment of Bills - Approve
C. Excused Absence for Councilmember Thomas - Approve
9. OTHER BUSINESS
A. Drug and Alcohol Possession - Ordinance - Adopt
10. BIDS
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
12. ADJOURNMENT
City Council Meeting City Council Regular Meeting May 2, 2023
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.
4.A.2
PROCLAMATION
WHEREAS, child care provides a safe, nurturing place for the enrichment and
development of millions of children nationwide, prepares them for
a lifetime of learning and growth and is a vital force in our
economy; and
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WHEREAS, the pandemic illuminated how indispensable child care providers 2
are for the well-being and economic security of Washington's
young children, families, and communities; and
WHEREAS, child care programs, which are mostly small businesses, run and .2
staffed predominantly by women, are still recovering from health a
and financial hardships stemming from the pandemic while they
have continued to meet the needs of families; and o
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WHEREAS, Kent recognizes that child care has been a lifeline for families,
communities and the economy; and
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WHEREAS, our future depends on the quality of the early childhood Q
experiences provided to young children today; support for high-
quality child care represents a worthy commitment to our
children's future. °
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NOW, THEREFORE, I, DANA RALPH, MAYOR OF KENT, DO HEREBY 0
PROCLAIM MAY 12, 2023 TO BE o
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Provider ,appreciation Day o
In Kent Washington and call upon our residents to recognize child care c
providers for their important work.
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In witness whereof, I have hereunto set my hand this 2nd day of May 2023.
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Mayor Dana Ralph
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SCENT
W A S H I N O T O N
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4.A.3
PROCLAMATION
WHEREAS, Kent residents find that bicycling is a popular and viable means
of personal transportation; and
WHEREAS, The Kent city Council desires to promote the use of bicycling as a
mode of urban transportation in the city; and
WHEREAS, the role of the bicycle, in Kent is an economical mode of personal c
transportation that decreases traffic congestion, reduces
demands on parking facilities and will continue to increase in o
importance in coming years; and
WHEREAS, bike facilities like the Interurban trail, the Green River trail and
the Soos Creek trail are intensively used for commuting, a
recreation, and other bike trips; and
WHEREAS, concerns for personal health, having clean air to breathe and o
preserving the planet make the bicycle an increasingly attractive
alternative to unrestrictive use of the automobile; and
WHEREAS, the city desires to have an active role in promoting the safety
and well-being of those who use bicycles for all transportation w
purposes.
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NOW, THEREFORE, I, Dana Ralph, Mayor of Kent, do hereby proclaim r_
May 2023 as °
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Bile Everywhere Month o
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In Kent Washington and call upon the people of the city to support this E
observance by riding their bicycles everywhere, while educating and
encouraging others to utilize this mode of travel.
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In witness whereof, I have hereunto set my hand this 2nd day of May 2023. 0
Mayor Dana Ralph
KE ON
W A 9 H I N O T O N
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4.A.4
PROCLAMATION
WHEREAS, correctional officers are trained law enforcement professionals
dedicated to maintaining safe correctional facilities and ensuring public
safety; and
WHEREAS, correctional facilities across the U.S., both civilian and military, public
and private, adult and juvenile, are run by highly qualified and
experienced individuals with a deep understanding of the challenges o
within the profession; and
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WHEREAS, correctional officers and employees are responsible for the custody,
care and rehabilitation of thousands of offenders every year, as well
as the maintenance of safe and secure facilities; and
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WHEREAS, correctional officers and employees are resourceful, capable,
committed, patient and persistent professionals in criminal justice and
our nation; and
WHEREAS, correctional officers and employees serve admirably in many different
capacities, including jail administrators, wardens, chaplains, nurses,
supervisors, social workers, teachers, managers and directors; and 0
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WHEREAS, correctional officers and employees teach, train, mentor, counsel and
treat thousands of offenders; and
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WHEREAS, correctional officers and employees provide offenders with direction, c)
hope and a new focus while assisting with reentry and life outside
corrections; and 0
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WHEREAS, correctional officers and employees rise to meet any challenge and Z
serve this honorable profession nobly and admirably. °
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NOW, THEREFORE, I, Mayor Dana Ralph, call upon all residents of Kent and a
upon all patriotic, civic and educational organizations to observe the week E
of May 7 through 13, 2023 as o
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NATIONAL CORRECTIONAL OFFICERS WEEK
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and join me in commemorating correctional officers and employees who deserve
recognition for their service and should be commended by leaders in the profession
and the public for the tremendous job they do and exceptional performance of duties E
under the most difficult of circumstances. 0
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In witness whereof, I have hereunto set my hand this 2nd day of May 2023.
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Mayor Dana Ralph
KENT
WASH I N O T O N
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4.A.5
PROCLAMATION
Whereas, all people should have access to safe, healthy, and affordable homes
within communities of opportunity; and
Whereas, the US Department of Housing and Urban Development (HUD) defines
affordable housing as "housing on which the occupant is paying no
more than 30 percent of gross income for housing costs, including
utilities."; and
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Whereas, 12.6% of rental households in Kent are cost-burdened; spending more
than 30% of their income on housing and may have difficulty affording 0
other necessities such as food, transportation and medical care; and
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Whereas, everyone benefits from affordable housing, including the people who 3
reside in these properties, their neighbors, businesses, employers and a
the community as a whole; and
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Whereas, the COVID-19 pandemic has exacerbated many existing financial
constraints for low- and moderate-income households; and N
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Whereas, the CDC recognizes safe, healthy, and affordable housing within =
communities of opportunity as key social determinants of health; and
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Whereas, the City of Kent endorses the goals, objectives, and purposes of °
Affordable Housing Week and, in doing so, firmly recommits itself to a
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ensuring that our community's recovery from the crises at hand is 0
equitable, and that all people in Kent live with dignity in safe, healthy, o
and affordable homes;
Now therefore, I, Mayor Dana Ralph, do hereby proclaim the week of o
May 7 through 13, 2023 to be a
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Affordable Housing Week
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in the city of Kent and urge our residents to join the city in ensuring that our 0
community thrives with opportunity, and that all people in it live with dignity in safe,
healthy, and affordable homes.
In witness whereof, I have hereunto set my hand and caused to be affixed the seal
of the city of Kent this 2nd day of May 2023.
Mayor Dana Ralph
KEN T
W A 9 H I N G T O N
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A rei6co
of department highlights P
May 2, 2023 E-
3:30 p.m. in Chambers. May the 4t" Be Cl)
ADMINISTRATION With You! _
• We are excited to partner with Kent Station
Administration for Paw Fest 2023. Join us June 3, 12-3 ;
• The legislative session ended on Sunday, pm for afun-filled furry event! Animal
April 23. City of Kent staff did a fabulous rescues from all over Western Washington E
job and a tremendous amount of work will have sweet animals up for adoption, ,°
representing Kent's interests during the and Regional Animal Services of King
session. Special thanks goes out to ECD County will be on hand to help with the a
staff, staff in the Legal, Police and Parks
licensing process. There will be a pet �
Department, and the Mayor. They testified parade, best pet costume contest, pup
in Olympia, attended meetings with our o
legislators, and reviewed and commented cups, demonstrations from dog agility
on draft le islation. This went on until the teams and dog trainers. Also, be sure and
evening oft he end of the legislative stop by the Kent International Fest at a
session. Briahna Murray will be here on accesso ShoWare from 10 am - 5 pm thesame day! o
June 6 to brief the Council on the
legislative session. . >
• We will be working with the Council 2
president to establish the date, time, and Long Range Planning h
agenda for part two of the Council Long range planning staff presented the
retreat. We are looking at dates in June proposed accessory dwelling unit ordinance a
and July. A major topic will be the impact to the Land Use and Planning board on
to Kent of legislation surrounding April 24, 2023. During the hearing portion
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affordable housing. of the meeting, there were comments from
Clerk's Office the audience, largely in support of the
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• During the month of April, the City Clerk's ordinance, and a unanimous 6-0 vote to
office processed 117 contracts and move the proposed ordinance on to the
conducted four bid/RFP openings. Economic and Community Development E
• For the first quarter of 2023, the Clerk's Committee (ECDC) for recommendation to 5
Office closed out more than 3,000 requests council as proposed.
for public records and processed 526 body ECDC meets again on May 8, and final
worn camera videos totaling nearly 12,700 adoption at full council is anticipated June
minutes of footage. 6, 2023. This marks a year and a half of
Communications work and closes out a Department of
• City employees are invited to join the Commerce grant, which helped fund the
Mayor and your coworkers on Star Wars work.
day for galactic fun, nachos and more! A Long range staff and consultant team MIG
FORCE FOR KINDESS, Thursday, May 4, 2- are working on final details for the
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upcoming launch of the comprehensive 13t" period adjustments and year-end
plan outreach campaign. Starting with the closing questions.
Teddy bear clinic on May 13, staff will Tax and License
spread the word and gather feedback at Tax Division and Economic and Community
multiple community events. Development staff met to discuss how
Permit Center Business Licensing and B&O Tax databases
There is more exciting news from the Permit can be utilized for analyzing economic
Center, related to Amanda - all new activity in the City of Kent.
RESIDENTIAL building applications and MINOR • Quarter 1 2023 B&O Tax returns are due
(aka over-the-counter) applications are now May 1. Over 880 returns have been
processed 100% through Amanda. First received and processed so far, with
quarter numbers: another 500 returns expected to be filed by
• Amanda the due date. Annual 2022 B&O Tax
o New Applications - 483 returns are due April 30. 750 Annual co
o Issued Applications - 101 returns have been received and processed, _
• KIVA with an additional 170 returns expected to
o New Applications - 767 be filed by the due date. ;
o Issued Applications - 740 U
It's going to be exciting to see the Amanda E
stats grow and the KIVA stats shrink as °
progress continues forward. Benefits
• New hire orientation on May 1 0
• Healthcare Board Meeting April 26 0
• Working on reports for the state Budget Labor o
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• The Budget group is working on the March • Non-represented Salary Survey project
monthly report that will be presented at • AFSMCE Labor Management Meeting on
the Operations and Public Safety May 5, 2023. a)
Committee meeting on May 2, and the Q1 . Salary surveys for AFSCME
Supplemental Budget Adjustment that will • Run the CDL clearinghouse queries o
be presented at the May 16 meeting. . Take Reasonable Suspicion training >
Customer Service Run Teamsters report for Teamsters 2
• 134 delinquent utility accounts were shut representative T)
off in April. Twenty-four customers Recruiting E
requested payment arrangements and Eight employees starting on May 1: Holly a
were given additional time to make Harvey-Smith-Director (Human
payment to avoid shut off. Resources); ]osee Hildebrant - Resource
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• The vacant Financial Services Supervisor Coordinator (Court), Matthew Kinney -
position posted internally on April 21. Police Officer (PD), David Lemenager -
Danae Gulling, Account Representative, is Data/Systems Engineer (IT), Duy Nguyen - mu
currently serving as the acting Financial Civil Engineer Designer I (Public Works),
Services Supervisor. Esther Salinas - Custodian (Parks), E
Accounting and Reporting Elizabeth Stekovic - Program Coordinator 0
• The 2021 Accountability Audit is wrapping (Parks), and Neill Woods - Payroll
up. Thanks again to all affected Supervisor (Finance)
departments for their help and cooperation • Eligibility list for Records Specialist
in completing this as quickly as possible. established on April 24
• 2022 ACFR preparation is underway, and • Attending the Career Showcase job fair at
the 2022 financial audit will begin soon. ShoWare on April 27
• Please continue to reach out to
accounting@kentwa.gov or
accountspayable@kentwa.gov regarding
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5.6
Risk Management After preparing 64 cases for jury trial
• Ellaine Wi, the new Risk Manager, started during the month of April, seven cases
on April 17. She's been touring different were confirmed for trial. Three of those
City facilities and meeting with staff. resulted in guilty pleas on the morning of
• There are 40 General liability claims YTD as trial. Two of them were continued to a
well as 14 Worker Comp claims YTD future jury term and two cases proceeded
to trial.
• In the first trial, the defendant was charged
Information Technology Projects with Assault in the Fourth Degree -• Radix Replacement - to replace the existing Domestic Violence. The defendant was
Radix Utility Meter Reading System as it is alleged to have pushed his girlfriend to the
no longer supported by the original Vendor ground twice, and grabbed her arm, wrist,
as of the end of 2021. and ankle. The girlfriend had visible injuries 0
• Municipal Court A/V Refresh - to connect to her upper arm. At the time of the =
all the workspaces within each of the City investigation, the defendant admitted he
of Kent's Municipal courtrooms using argued with his girlfriend but claimed she
purpose-built audio visual (A/V) technology struck him first and he only pushed her
to enhance communication, collaboration away. The victim,s testimony at trial was E
and digital information sharing capabilities. partially inconsistent with the statement ,°
The technology enhancements will fully she made to police, and one of those
integrate with a parallel project to versions supported the defendant's theory a
significantly modernize the accessibility of the case that he was lawfully defending
and ergonomics of each courtroom himself. The jury returned a verdict of not
sponsored by the Parks-Facilities o
guilty. a
department. In the second trial, the defendant was
Information Technology Operational Support charged with Refusal to Give Information )
for April 16, 2023 to April 25, 2023 or Cooperate with an Officer. In this case, W
• Number of tickets opened - 141 officers attempted to initiate a traffic stop
• Number of tickets closed - 280 after seeing the defendant driving without 0
any running lights or headlights during
hours of darkness. The defendant pulled N
• Our office welcomed a new paralegal on into a parking lot, but then kept driving, c
April 17—Ashleigh Miller. Ashleigh joins our sped up, and tried to exit the parking lot. It E
office with a master's degree in Legal took three patrol cars to keep the w
Studies and over six years of experience as defendant from fleeing. Four officers and 2
a paralegal and legal assistant. We are the defendant testified, and the jury
thrilled to have Ashleigh on our team; returned a verdict of guilty. A procedural c
welcome, Ashleigh! error was discovered after the verdict was W
• Attorneys from both the criminal rendered, which resulted in the prosecutor .2
prosecution and civil divisions attended the requesting that the conviction be
Washington State Association of Municipal overturned, and the case dismissed. c
Attorneys (WSAMA) spring conference, Prosecutors participated in a focus group U
held April 19-21. discussion organized by the Office of
• Continued to assist accesso ShoWare Forensic Mental Health Services and led by
Center in the procurement of facility outside consultants. Through this group,
upgrades, including a new audio system. local prosecutors discussed the hurdles
• Assisted ECD in drafting the new accessory related to competency and restoration
dwelling unit code provisions. services for defendants charged with
• Assisted Finance in resolving tax and utility crimes.
billing issues. Assisted outside counsel on a number of
cases currently in litigation.
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5.B
• Worked with staff to acquire the property Registration for the Cornucopia Days 5k is
rights necessary to complete various open and off to a strong start with
projects throughout the City. approximately 75 people signed up in the
• Assisted the Clerk's Office on various public first week. Participants aged 60 and over
records requests. register for free courtesy of sponsor, Long
Painting.
PARKS, RECREATION, ' Paintings and textile artwork by Leslie
COMMUNITY SERVICES Barber and Renee Hazen are on display in
the Centennial Gallery through May 23. The
Recreation and Cultural Services gallery is free and open to the public from
• Spring Break Camp, April 10 - 14, was a 8 am to 5 pm, Monday through Friday.
huge success. Each day, 23 kindergarten- Renee Hazen held a reception on Thursday,
6th grade campers were active, creative, April 20 from 6:00 to 7:30 pm, which was
and engaged in arts and crafts, games, attended by approximately 25 people.
sports, story time, cooking, the Lu Professional artist jurors Rohini Mathur and a
interactive playground, movie day and Kelly Lyles reviewed nearly 900 pieces to
much more. The week started out with the select 62 artworks from 38 artists for the ;
participants creating posters of, "how to 2023 Summer Art Exhibit which runs in the L)
spread kindness," and it just got better Centennial Gallery during June, July, and E
from there. August. The exhibit will open with a free ,°
• Spring Adaptive sports are off to a fast reception on Wednesday, June 7 from 6:30
start. Since Fall 2022, 22 swimmers have to 8:00 pm. a
been training to compete at the Regional Park Operations
Special Olympics Swim meet held Sunday, Park Operations has transitioned to peak
April 23 at the King County Regional season service levels as of April 1. The a
Aquatic Center. Saturday, April 29, 18 seasonal hiring program has been much
track and field athletes will compete at more successful this year in comparison to )
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Juanita High School in their Special last year with almost all the seasonal
Olympics Athletics Regional Meet. All positions being filled as of mid-April. o
athletes in each sport will be competing Restrooms at Arbor Heights and Garrison
with the goal of advancing to the State Creek remain closed and awaiting repairs to
tournament June 9-11. the entry doors due to damage sustained N
• Countess Stekovic has been selected to fill from vandalism. The replacement period
the vacant Parks Program Coordinator has been very long due to challenges with E
position within the Youth and Teen division. supply and scheduling contractors. w
She will coordinate summer and school 2
break camps as well as eight Elementary '
After School Energy sites during the school Staff Changes - Hiring/Retirement/ °
year. Countess will be a great addition to
the team as she brings a wealth of Recruitment/ Leaves/Promotions
experience and knowledge in cultural arts • Administrative Assistant II Kristy Rorie ,
started April 17. E
and recreation. She served as the Youth E
Manager at Gage Academy of Art in • Officer Travis Medalla separated April 19. 0
Seattle, planning and implementing Major Emphasis Patrol
summer camps/classes for youth ages 5-18 On April 11, at 10:46 pm, Kent PD officers
and eventually became the Director of were dispatched to a Welfare Check at the
Programs, overseeing many aspects of the Central Flats Apartments. A male was
art school, including programming, passed out in a running vehicle at that
staffing, facilities, and event location with a firearm sitting in his lap.
planning. Countess has also served on the The driver had a felony warrant for his
Kent Arts Commission since 2021. arrest for Assault 2 and Unlawful
Possession of a Firearm 2. The subject was
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arrested and transported to the King casings were found in the street in front of
County Jail where he was booked for his the house.
confirmed warrant. On April 15, at 9:18 pm, officers were
• On April 11, at 11:07 pm, officers were dispatched to a shooting that occurred near
dispatched to a robbery that occurred at Sees Candies at Kent Station. The suspect
the Webster Court Apartments. The victim vehicle was speeding through the parking
was in the smoking area behind the lot and shooting at an unknown subject(s).
apartment building when the suspect About an hour and half later, two subjects
approached him armed with a suffering from gunshot wounds were
handgun. The suspect demanded money, dropped off at Velley Medical Center. The
but the victim declined and fought back subjects were interviewed but unknown if
with a broomstick. The suspect fought with they were injured because of this incident.
the victim but eventually gave up and ran • On April 16, at 10:57 pm, officers were a
away. A K9 track was conducted with doing an area check in the surrounding co
negative results. neighborhood of a runaway. As Officer
• On April 13, at 9:11 am a vehicle was Bertolacci was approaching S 262nd he saw
traveling westbound on S 259t" St when it a vehicle which appeared to be a blocking ;
left the roadway on the right side, over- disabled and so he initiated contact to 0
corrected, then left the roadway on the left conduct a welfare check. He noticed the E
side. This caused his vehicle to vault into driver was acting strange and a leg was ,°
the side of the "A" building at Madison on sticking out from under clothing in the �
the River Apartments. The passenger passenger seat. It turned out the female a
received a broken femur and a possible was the 13-year-old runaway, and the
broken pelvis. The driver was booked into driver was a 35-year-old with no relation.
King County Jail for Vehicular Assault She appeared to be under the influence a
(felony). He blew .13 on a Portable Breath and the male was detained. The female
Tester. was taken to Seattle Children's Hospital. )
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• On April 12, at 7:40 am, officers were On April 17, at 7:20 am, officers responded
dispatched to a carjacking and kidnap that to reports of gunshots inside the Central o
began near the Chevron located at 26220 Flats Apartments. No victims were
116t" Ave SE. The victim was at this reported. A short time later there was a
location around 2:00 am working on his report of a stolen car from Central Flats. N
vehicle when four armed suspects The reporting party confessed that he had c
approached and assaulted him. The victim fired several shots into the air as his E
was pistol whipped, his keys and wallet girlfriend's car was being stolen. The gun w
were taken, and he was placed in the trunk was taken as evidence and he was charged 2
of another vehicle. The suspects talked with reckless endangerment.
about shooting him and drove away from • On April 17 at 7:58 am, officers responded c
the area. The victim was able to escape out to an accidental self-inflicted gunshot W
of the trunk. The victim stated he knew wound to the thigh in the 10500 block of .2
one of the suspects. SE 230t" PI. The female victim was
• On April 15, at 4:27 am, officers responded attended to by Puget Sound Regional Fire c
to a possible shooting inside a house in the Authority and transported for treatment. U
12600 block of SE 214t" St, where a male She had used a 3D printed gun. She also
had shot a gun inside the house with 15+ had several felony warrants.
others inside. Family took the gun away • On April 18, at 5:50 am, officers were
from the male and the reporting party left dispatched to an illegal discharge at the
and went around the corner to call 911. Ramada hotel located at 22318 84t" Ave
The family was uncooperative and insisted S. The subject caught a vehicle prowler
nothing happened. No victims were there breaking into his vehicle. The subject used
but the male was seen shooting a shotgun a 9mm handgun to move the vehicle
into the ground in the backyard, and
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prowler along, but it did not appear anyone safely retrieved. The driver was then
was hit. physically woken up and detained. The
• On April 18, at 7:59 pm, officers were driver was arrested for DUI and a weapons
dispatched to a shooting that occurred violation.
within the Dollar Tree parking lot located at On April 21, at 9:12 pm, officers responded
23406 Pacific Highway South. A female had to a threat with a weapon at Quality Inn.
been hit with gun fire and was down on the The suspect had threatened two employees
pavement. Those involved with the with a knife as they confronted him about
incident, picked up the female, put her in a stealing clothing from the laundry room.
vehicle and sped away northbound on The suspect also had a Felony warrant for
Pacific Highway South. No victims or Felony Harassment. He was booked into
suspects have been identified. King County Jail.
• On April 20, at 4:01 am, officers were • On April 22, at 3:34 am, an officer was a
dispatched to a robbery that occurred in dispatched to Valley Medical Center due to
the parking lot of 1110 W Meeker St. The a patient who had a gunshot wound. The =
victim was getting gas when the two victim had been attending the street races
suspects abruptly walked up and robbed and watching a specific vehicle drifting in ;
him at gun point. They took his money and the parking lot. The vehicle ended up U
car keys but threw the car keys across the striking the vehicle the victim was in and E
parking lot and fled on foot. the driver got out with a gun. The driver ,°
• On April 21, at 11:49 pm, officers were randomly started firing the handgun and
dispatched to a threat with a weapon call in hit the victim in the back near his shoulder a
the 10800 block of SE 200t" St. The victim blade. W
had given a female a ride home and the On April 22, at 9:04 pm, officers responded V_
female "pulled a gun" on her. The victim to a robbery case involving three chronic a
ran from the vehicle to hide and the juvenile offenders. When the same
suspect got into a vehicle and fled. Officers suspects jumped more victims on April 23, N
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conducted a High-Risk Stop. The stolen they were quickly taken into custody. All
vehicle was occupied by the suspect and a were booked into the appropriate King o
male driver. Both the suspect and the County Jail (2 to Juvy and 1 to Adult Jail). >
driver were taken into custody and This group has been a regular problem in
transported to King County Jail. The the K5 (North Central Area). N
suspect was booked for Assault 2 and the • On April 22, at 9:04 pm, officers initiated a c
driver was booked for Possession of a traffic stop with a black Honda sedan with E
Stolen Vehicle. no headlights at 100t" and S 240t". The w
• On April 21, at 1:18 am officers were vehicle immediately fled westbound on S °'
dispatched to a welfare check at Atrium on 2401" and officers did not pursue. The
James St Apartments. A male driver was vehicle was last seen going down S 240t" at c
passed out in a running car blocking the a high rate of speed crossing Central Ave
entrance off 64th. The sole occupant/driver S. At approximately 9:07pm, officers
had a gun on his lap and his hand was on located a collision at W James and 4t" Ave
the gun. Officer attempted numerous PA's N. The Honda had collided with a pickup in c
in an attempt to wake the driver. There the intersection and became stuck on top U
was no response. Officers pinned the of a power pole on the NW corner of the
vehicle from the back, which jostled the intersection. The vehicle was about 1"
vehicle, but still no movement from the above a live and damaged 120K powerline.
driver. After other less lethal and verbal The driver was trapped in the vehicle.
attempts were made, there was no Puget Sound Regional Fire Authority and
response. Officers then used a 40mm Medic 1 responded quickly and extracted
launcher to break the front driver's side the male for transport to Harborview. It
window. The window was broken and still appeared there was a 2nd subject in the
no response from the driver. The gun was Honda based on blood on the passenger
Page 6 of 11
Packet Pg. 13
5.6
seat airbags and witnesses saying a improving the lives of our community
subject fled the collision scene. members.
• On April 22, at 11:46 pm, officers
responded to a DV at Hawthorne Suites PUBLIC WORKS
where the victim was strangled by her
boyfriend. The male suspect was reluctant Survey
to meet officers, but he was arrested Land Survey field staff have provided
without incident. staking for the 761h Ave improvements,
• On April 23, at 3:03 am, officers responded Russell Rd. and the railroad flashing
to a DV Assault 2 case. The victim was able beacon projects. Field crews are also
to flee the residence. Probable Cause for mapping topographic features at Garrison
Felony Harassment and Assault 2 by Creek Park. Professional staff are writing
Strangulation was developed, and the legal descriptions and drafting Record of
suspect was reportedly armed with a Surveys (ROS) to be filed with King Countyco
handgun. Officers arrested and booked the for the Kent East Hill Operation Center Lot
suspect. Line Adjustment, West Hill Reservoir
• On April 23, at 1:31 pm officers were boundary, Railroad Ave. & Saar St Right of
dispatched to a robbery/carjacking within Way and for the Reith Road (SR516 to 0
the 5th Ave Apartments. The victim was a Military Rd) Right of Way. E
locksmith and was at the apartment Public Works GIS staff welcomed Jasmine o
complex to make a duplicate keyfor the Palaganas to their team. Jasmine is a y
female suspect who paid cash for his recent graduate of the University of a
work. When the victim was making sure Washington and assumed the role of the
vacant Analyst 1. Sarah Pyle, Analyst 2,
the new key worked, the suspect pulled out --
a gun, robbed him of his keys, phone and filled the vacant position from Jim o
0.
work vehicle. Cordova's retirement last year. Staff
• On April 24, at 9:08 am, officers responded
continue entering the water, storm & sewer
to the Midtown 64 Apartments regarding a asset as-built data from completed CIP and W
male who had fired several rounds through Private Development projects. Sarah Pyle
has been working weekly with Gisele
his apartment window into a neighboring a)
window. The suspect's apartment was Matias in Design Engineering on gathering
surrounded, and he came out shortly after and inputting legacy CIP project as-builts
announcements were made. The suspect into GIS. Heath Brackett, Supervisor, has r_
was booked in the King County Jail. provided support on software initiatives in
Letters of Commendation PW Operations & Engineering including the a
• Officer Heyne was being commended for Cityworks asset system. Heath is a
his vigilance and persistence to return a coordinating with our Aerial Imagery
kidnapped child to his mother. Officer Contractor on capturing data citywide c
Heyne embodies the vision of the Kent during the recent spring weather break. W
Police Department providing the highest Post processed & validated Aerial Imagery
level of law enforcement service and by our GIS staff is tentatively scheduled for ,
late fall availability.
improving the lives of its community E
members. Officer Lontz was being Environmental 0
commended for his extraordinary patience Rock Creek Snorkel Surveys: snorkel
and effort to get a patient the help he surveys are required to be completed per
the City of Kent Clark Springs Water
needs as well as sparing the community a
potentially dangerous situation. Officer Supply System Habitat Conservation Plan
Lontz exemplifies the Kent Police (HCP). The snorkel surveys will count the
Department's mission of protecting and number of salmonids and other species to
caring for people in our community, our document fish utilization within Rock
value of service, and our vision of Creek. A contract has been executed with
Page 7 of 11
Packet Pg. 14
5.6
the consultant and the Notice to Proceed Transportation:
has been issued. The Kent Bicycle Advisory Board will host
• TeamUp2CleanUp: Staff is promoting the their second annual Bike Rodeo at the Kent
upcoming TeamUp2CleanUp. The event will YMCA on Saturday, May 20 between 10 am
run from 9 am to noon on Saturday, May and 1 pm. This event is intended for
6. Participants can visit elementary-age children to learn about
www.kentwa.gov/talkingtrash to register bicycling, safety, bicycle skills. The event
for either litter cleanup or graffiti removal. will include free bicycle tune-ups, a
2023 Recycle Collection Events handling and skills course, and an
• The mini recycling event on Friday, April 21 opportunity to ride with bicycle officers
at the Kent Library saw record breaking from the Police Department. The Kent
numbers of about 250 cars from 1-4 pm. Bicycle Advisory Board will provide snacks
To avoid a line up, doors opened earlier and prizes for participants. A limited a
closer to 12:30. Everyone was very pleased number of bicycle helmets will be given co
by the volumes taken in and the away with support from the Kent Police =
partnership with the Kent Library will most Department and Public Health - Seattle
likely mutually continue next year. and King County. The event is supported ;
• The next mini event is Friday, May 12 at by staff from the Kent Police Department L)
the Kent United Methodist Church from and Public Works. E
9:00 am to noon where we'll accept TV's, Design: ,°
electronics, paint, and documents for Safe Routes to School - School Zone
shredding. Flashers: reviewing project scope and a
• Lake Fenwick Alum Treatment: staff critical path items. Evaluating placement to
preparing for advertisement. Tetra Tech to determine if right-of-way or easements are
review the draft Kent Special Provisions to needed. a
ensure all bid items are included. Schedule HSIP - 108th Ave SE & SE 264th St -
for alum application: Specifications Compact Roundabout: WSDOT issued )
L
/Checklist due - May 23, 2023, Ad dates - approval to advertise. Project Advertised
May 30 & June 6, 2023, Bid Opening - April 25. o
June 13, 2023 at 11:00 am, City Council - Washington Ave Pumpstation: Project >
June 20, 2023 Advertised April 25.
• Source Control and O&M Inspection HSIP - Road Diet Locations: team working N
Program: to incorporate final round of comments - c
o Staff will conduct source meeting with reviewers to reconcile E
control/stormwater system inspections, conflicting comments. Designer transition is w
provide technical guidance, and in progress.
research of 12 commercial and Reith Road - vicinity S 253rd ST to SR 516:
industrial properties including grading design underway to validate limits c
reinspection's, complaints/ERTs, and and finalize easement needs. SEPA
onsite meetings with contractors, submitted. Geotechnical explorations
property managers and business complete - analysis of data has started. '
E
owners. Linda Heights: RCO conversion signed. E
o Staff remains focused on Source Control* Meeker Street Bridge Painting and Deck U
Program planning which includes Repair: PMP kickoff meeting to be
implementation of program, private scheduled for April 28.
storm updates in GIS, training/spill Mill Creek Reestablishment: U.S. Army
material and training new staff. Corps of Engineers (CORPS) has received
o Staff continues to participate and permit application and assigned a project
provide feedback for the PRISM NPDES reference number (NWS-2023-351).
replacement project. The testing phase Construction:
will roll out shortly and will involve West Hill Reservoir: civil site work is
everyone's time and input. ongoing. Placement of asphalt for driveway
Page 8 of 11
Packet Pg. 15
5.6
and around perimeter of the tank Rectangular Rapid Flashing Beacon
completed Friday, April 21. Now that Crossing Improvements:
asphalt around tank is complete main o Site #1 - 104t" Ave SE: crews have
access gate and fence at the base of tank completed the center island. Waiting on
stairs can be installed, working on RRFB pole and luminaire delivery.
scheduling fence. May 8 & 9 painter to o Site #2 - SE 240t" St: crews have
wash down interior of tank and will flush completed the center island. Waiting on
piping to tank. May 10, 11 tank will begin RRFB pole and luminaire delivery.
to fill. Once 1/3 filled, VOC testing samples o Site # 3 - Central Ave N (near Novak
will be taken, likely week of May 15. Lane): electricians scheduled this week
Generator start-up anticipated within next to install conduit and pole bases.
two weeks. Concrete pours scheduled for
• 6MG1 Reservoir Recoating and Vent Wednesday and Thursday. Encountered a
Replacement: contractor started painting extremely shallow signal interconnect co
sides of tank week of April 24. If weather conduits at new driveway location
holds, topcoat of tank sides should be preventing construction. Working
complete by Saturday, April 29. through designing scope and directing ;
• 2022 Asphalt Overlays: paving on 196t" extra work to lower conduits. 0
and 94t" have both been completed. o Site #4 - Central Ave N (at Kent E
Grinding, pavement repairs and paving on Memorial Park) - crews have completed ,°
S 248t" schedule through Friday, April 28. the center island. Waiting on RRFB pole
Traffic calming feature installation on 144t" and luminaire delivery. a
(near Lake Meridian) to conclude the end of 2023 Asphalt Overlays: notice to proceed
next week. will be issued for May 8, with work to begin
• 76t" Avenue South - North Segment: a on the 8th. a
change order is being negotiated to change Streets
the north end asphalt paving to PCCP up to Street Maintenance prepared for pouring, )
the 212t" intersection. Will extend overall poured and backfilled new sidewalks at 64t" U
completion to late May. Sidewalk on west Ave S, prepared and poured new sidewalks o
side 90% complete, sidewalk on east side at SE 219t" PI, replaced the bollards at >
90% complete. Parking lot in NW quadrant 108t" Ave SE, bladed the alleys at North
paved. Gate modifications underway. Park, bladed the shoulders and alleys at N
Parking lot and private gate work in SW the Mill Creek area and set out barricades c
quadrant being done now. at the Downtown Core. E
• 2022 Sanitary Sewer CIPP Lining: working Signs and Markings updated the w
to complete change order 1 adding two information into the Geographic °'
locations; 98 LF on SE 239t" line and 343 Information System (GIS), installed bases U
LF in alley between 1st and 2nd Ave off of and signs at various locations Citywide, c
James in North Park. Emergency spot removed revision signs and flags at W W
repair completed on location ID #12 line James St, fabricated signs and located for •2
between Kennebeck Ave and Clark Ave sign replacement, installed signs at Reith '
(work completed on force account, time Rd, installed bases at SE 274t" Way and c
and materials). The pipe lining operation Veterans Way, performed walk thru for U
started Monday, April 24. Lumar Ridge and Quiet Meadows and
• S 240t" Street and Russell Road TIB performed sign maintenance at various
Sidewalk Improvements: crews have locations Citywide.
relocated to Russell Road from Hogan Park Solid Waste cleaned up debris in several
to Meeker. Road scheduled to be closed locations including along Central Ave N,
during the workday beginning April 25 removed graffiti from the Don Wickstrom
through April 27. Overlay paving started on Bridge, Veterans Dr, S 259t" St and on
240t" for Friday. 108t" Ave SE.
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Packet Pg. 16
5.6
• Water Vegetation line trimmed and mowed Water Quality Report and began the annual
at Clark Springs, Pumpstation #5, 212t" Fluoride Saturator cleaning.
Treatment Plant, 208t" well, 108t" well, SCADA staff conducted testing on SCADA
Summit Reservoir, Blue Boy tank, East Hill backup systems and server updates
well, 3.5 tank, 640 Zone tank and at Citywide, Program Logistic Controller (PLC)
Guiberson. at Seven Oaks, work with consultants on
• Street Vegetation staff repaired the plant SCADA upgrades, meet with contractors for
bed irrigation near W James St, sprayed startup and finalized the SCADA
the plant beds on James hill, performed programing at the West Hill Reservoir and
walk thru for Quiet Meadows and Lumar conducted the chlorine shut off valve
Ridge, set up and calibrated the spray installation at Kent Springs.
trucks, spray planted traffic islands Pumpstation crews prepared the
Citywide, cleared debris and litter within submersible install at GRNRA North, Lake a
the Pacific Hwy traffic islands, mow and Fenwick testing, and performed the yearly �
line trim at S 218t" St and at SE 256t" St. maintenance of lubing, oil, and filter
• The Sidearm crews mowed at 132nd Ave change at various locations Citywide.
SE, SE 256t" St, SE 208t" St, 42nd Ave SE, Storm Drainage/Vegetation
Reith Rd, SE 192nd St, Military Rd S and at Storm crews replaced the casting at SE 0
Lake Fenwick Rd. 272n1 St and SE 208t" St. Performed control E
• Wetland Mitigation crews planted at the structure and permeable pavement °
Hytek site, transplanting and pot up bare inspections and repairs at various locations
root plants at the GRNRA nursery. Citywide, crews also performed National a
Water/Sewer Pollutant Discharge Elimination System
• Water staff are gearing up for the first (NPDES) assessing on S 204t" St, 64t" Ave
construction project of the season. The first S, 715t Ave SE, 62nd Ave S, West Valley a
water main project will occur in the Hwy, S 212tn PI, Riverview Blvd S, S 204tn
Derbyshire neighborhood on Kent East Hill St, S 1961n St, and Kent Des Moines Rd and N
L
on SE 276t" St between 116t" Ave SE and pumping on West Valley Hwy, S 212t" St U
118tn Ave SE. Staff are potholing for and on S 222th St, TV cleaning at 124tn o
utilities and delivering pope and parts. Ave SE, SE 202nd PI, SE 204tn PI and SE >
Staff continued to exercise fire hydrants in 206t" PI, hauled Vactor spoils, cleaned
the north and central valley portion of the decant stations Citywide, installed a culvert N
water distribution system and repairing at 1161n Ave SE and opened and cleared c
hydrants found with operational issues. the culvert at SE 215t" St.
• Sewer staff are cleaning lines on Kent East Wetland Maintenance worked on trimming, w
hill in the area of SE 264t" St between mowing and blowing the wetlands at 106tn 40
108tn Ave SE and Woodland Way. Storm Ave SE, 105t" Ave SE, SE 2715t St, 114tn
lines are being video inspected in the area Ave SE, 272nd St SE, 111t" Ave SE and at c
of SE 201st PI and 127t" PI SE, and sewer 114t"Ave SE. Inspected wetlands for
manhole inspections continue transient activity and removed litter as
Source, Supply and Pumpstations necessary at Birk on S 260tn St, Maplewood
• Source and Supply staff worked on Grove on 108t" Ave SE, Redondo on 27t" E
installing door lock panels at various sites Ave S, Signal Electric on 3rd Ave S, 72nd U
Citywide, ran offline wells, performed Ave Diversion Channel on 72nd Ave S,
pressure regulating valve (PRV) checks Horseshoe Bend on 80t" Ave S, the GRNRA
Citywide, prepared the 2121" St treatment bike path, South Tower, the 196tn Corridor
plant during the West Hill tank fill and Wetland on S 196t" St and at ShoWare
continued the recycle pump installation, Center on W James St. Sprayed for poison
assisted with the West Hill Reservoir start- hemlocks at 80t" Ave S.
up testing, prepared generators for Holding Pond crews line trimmed and
servicing Citywide, worked on the 2022 mowed at SR 516, SE 288t" St, 132nd PI SE,
142nd Ave SE, SE 240t" St, 137t" Ave SE,
Page 10 of 11
Packet Pg. 17
5.B
SE 272"d St, 133,d PI SE, SE 253rd PI, 137th
PI SE, SE 242"d St, SE 277th PI, SE 279th PI,
SE 282"d Way, SE 255th PI, SE 256th St and
at 124th Ave SE.
Fleet/Warehouse
• The Warehouse crew continued to assist
with CDL training, 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) and motor pool vehicles
to staff and hydrant meters and public a
notice boards to contractors, repaired small CO
equipment as needed, received parts and C
inventory orders and hauled spoils as time
and equipment were available. ;
• Fleet staff worked on receiving, ordering L)
and setting up new vehicles for service, E
repaired side arm mowers and prepare for °
spring season, upfitting multiple new
vehicles, vehicles at vendors for repairs, a
perform monthly air brake inspections and
received new vehicle arrivals.
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Packet Pg. 18
8.A.1
Pending Approval
Kent City Council
• City Council Regular Meeting
KENT Minutes
WAS H IN G70 IN
April 18, 2023
Date: April 18, 2023
Time: 7:01 p.m.
Place: Chambers
1. CALL TO ORDER/FLAG SALUTE
Mayor Ralph called the meeting to order.
2. ROLL CALL
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Attendee Name 1Title Status Arrived °
Dana Ralph Mayor Present >
Bill Boyce Council President Excused °
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Brenda Fincher Councilmember Present °-
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Satwinder Kaur Councilmember Present
Marli Larimer Councilmember Present a.
Toni Troutner Councilmember Present o
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Les Thomas Councilmember Present
Zandria Michaud Councilmember Present c
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3. AGENDA APPROVAL
L
A. I move to approve the agenda as amended. Q
Item D. Excused Absence for Councilmember Larimer was removed from the °
consent agenda.
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RESULT: MOTION PASSES [UNANIMOUS]
MOVER: Zandria Michaud, Councilmember
SECONDER: Les Thomas, Councilmember
AYES: Fincher, Kaur, Larimer, Troutner, Thomas, Michaud
Q
4. PUBLIC COMMUNICATIONS
°
A. Public Recognition
L Appointments and Reappointments to the Kent Bicycle Advisory Board
Mayor Ralph recommended appointing Gordon Dona and Prem Subedi in
addition to reappointing Julie Dunn, Maria Castro, and Erik Jacobs to the Kent
Bicycle Advisory Board and requested the council confirm their appointments.
B. Community Events
Councilmember Michaud advised that there will be a Drug Take Back Day on
April 22nd at City Hall and the Thunderbirds are in the play-offs, additional
information for these events can be found online.
Packet Pg. 19
8.A.1
Kent City Council City Council Regular Meeting April 18, 2023
Minutes Kent, Washington
Councilmember Fincher advised that there will be a Centennial Gallery Artists
Reception on April 20th and a recycling event on April 21st, additional
information for these events can be found online.
C. Public Safety Report
Chief Rafael Padilla presented the Public Safety Report by starting with the
swearing in of Police Officer Adrian Rojas-Medina.
The Life Saving Award was presented to Corrections Officer Autumn
Heerspink. On November 18th, 2022, Heerspink provided lifesaving efforts to
an unresponsive inmate at Kent City Jail.
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Chief Padilla provided information regarding an officer involved shooting that
took place at 2 pm on Tuesday, April 18th, 2023. Further investigation is o
being handled by the Valley Independent Investigation Team. a
a
5. REPORTS FROM COUNCIL AND STAFF
a
A. Mayor Ralph's Report and Chief Administrative Officer's Report o
Mayor Ralph recognized Prem Subedi, recommended for the Kent Bicycle M
Advisory Board, for being present at the meeting and volunteering for the N
advisory board. C
Mayor Ralph is Chair for the Transportation Policy Board, where they are
continuing to work on the Regional Transportation Plan. She also sits on the Q
South King Area Transportation Board, where they recently received o
presentations from Sound Transit, Light Rail and Metro. a
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Mayor Ralph recognized the passing of long time Kent resident Harry
Williams, commending his service to this community and acknowledged the 6
great number of lives impacted by Harry and his late wife, Marge.
a
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Chief Administrative Officer, Pat Fitzpatrick, shared legislative session
updates, the Human Resources Director start date of May 1st, 2023 and a
advised the Chief Administrative Officer's full report is included in today's
agenda packet.
B. Councilmembers' Reports
Councilmember Michaud Chairs the Operations and Public Safety Committee
meeting. She provided a recap of the presentation from accesso ShoWare
General Manager, Tim Higgins.
Councilmember Kaur had no report, but shared that Harry Williams had a
heart for service. She recalled his service at Rotary, the Fishing Hole events
and the Kent Food Bank.
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 2 of 6 Packet Pg. 20
8.A.1
Kent City Council City Council Regular Meeting April 18, 2023
Minutes Kent, Washington
Councilmember Larimer serves on the Advisory Council for Aging and
Disability Services and advised that she did not attend the last meeting due
to family vacation.
Councilmember Troutner Chairs the Economic and Community Development
Committee. They met on April 10th and had no action items. Troutner
advised that the agenda, minutes and video from that meeting are available
online.
Councilmember Thomas serves as the Chairs of the Puget Sound Regional
Fire Authority and advised that they are meeting tomorrow.
Councilmember Fincher serves on the King Conservation District where they -
discussed rates and fees. She also serves on the Kent Arts Commission and
Chairs the Public Works Committee. She referred back to community events o
portion of this meeting for details on their upcoming activities. a
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6. PUBLIC HEARING
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None. N
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7. PUBLIC COMMENT
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None. a
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S. CONSENT CALENDAR a
r
Councilmember Michaud moved to approve the Consent Calendar letters A
through G.
a�
RESULT: APPROVED [UNANIMOUS]
MOVER: Zandria Michaud, Councilmember
SECONDER: Les Thomas, Councilmember
a
AYES: Fincher, Kaur, Larimer, Troutner, Thomas, Michaud y
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A. Approval of Minutes
1. Council Workshop - Workshop Special Meeting - Apr 4, 2023 5:00 PM
2. City Council Meeting - City Council Regular Meeting - Apr 4, 2023 7:00 PM
B. Payment of Bills - Approve
MOTION: I move to approve the payment of bills received
through 3/31/23 and paid on 3/31/23 and approve the checks
issued for payroll 3/16/23-3/31/23 and paid on 4/5/23, all
audited by the Operations and Public Safety Committee on
4/4/23.
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 3 of 6 Packet Pg. 21
8.A.1
Kent City Council City Council Regular Meeting April 18, 2023
Minutes Kent, Washington
C. Excused Absence for Council President Boyce - Approve
MOTION: I move to approve an excused absence for Council
President Boyce for the City Council meeting of April 18, 2023.
D. Appointments to the Kent Bicycle Advisory Board - Confirm
MOTION: I move to confirm the Mayor's appointments of the
following individuals to the Kent Bicycle Advisory Board: Julie
Dunn, Maria Castro and Erik Jacobs for additional three-year
terms from April 1, 2023 to March 31, 2026; Gordon Dona for
an inaugural one-year term from April 1, 2023 to March 31, a
2024; and Prem Subedi to a three-year term April 1, 2023 to
March 31, 2026.
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E. Voice Permits License Agreement with Selectron Technologies,
Inc. - Authorize o
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MOTION: I move to authorize the IT Director to sign a renewal
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of the Voice Permits License Agreement with Selectron
Technologies, Inc. in the amount of $11,632.07, to sign all a
future annual renewals that are within established budgets, o
subject to final terms and conditions acceptable to the IT
Director and City Attorney, and to ratify past actions consistent o
with this motion. N
C
F. Condemnation Ordinance 218th - 98th Avenue South Project -
Adopt Q
MOTION: I move to adopt Ordinance No. 4460, authorizing the
condemnation of property rights necessary to construct the
South 2181" Street/98t" Avenue South from 94t" Place South to
South 216t" Street.
a�
G. Rock Creek/SE Summit Landsburg Road Bridge - Interlocal
Agreement with King County - Approve
MOTION: I move to authorize the Mayor to sign an Interlocal a
Agreement with King County for the maintenance of the Rock
Creek Bridge, subject to final terms and conditions acceptable
to the City Attorney and Public Works Director.
9. OTHER BUSINESS
None.
10. BIDS
A. 2023 Plastic Markings Bid - Award
Public Works Director, Chad Bieren provided an overview of the 2023 Plastic
Marking project and recommended awarding Specialized Pavement Marking,
LLC.
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 4 of 6 Packet Pg. 22
8.A.1
Kent City Council City Council Regular Meeting April 18, 2023
Minutes Kent, Washington
MOTION: I move to award the 2023 Plastic Markings Project to
Specialized Pavement Marking, LLC., in the amount of $199,920
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: MOTION PASSES [UNANIMOUS]
MOVER: Brenda Fincher, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Fincher, Kaur, Larimer, Troutner, Thomas, Michaud N
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B. 2023 Asphalt Grinding Bid - Award
4-
Public Works Director, Chad Bieren provided an overview of the 2023 Asphalt 0
Grinding project and recommended awarding AAA Contractors, Inc. o
L
MOTION: I move to award the 2023 Asphalt Grinding Project to a
AAA Contractors, Inc., in the amount of $87,115 and authorize a
the Mayor to sign all necessary documents, subject to final a
terms and conditions acceptable to the City Attorney and Public o
Works Director.
M
RESULT: MOTION PASSES [UNANIMOUS]
N
MOVER: Brenda Fincher, Councilmember o0
SECONDER: Satwinder Kaur, Councilmember a
AYES: Fincher, Kaur, Larimer, Troutner, Thomas, Michaud Q
4-
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C. 2023 Watermain Replacement Bid - Award r
Public Works Director, Chad Bieren provided an overview of the 2023
Watermain Replacement project and recommended awarding Scarsella Bros., 6
Inc. c
0
MOTION: I move to award the 2023 Watermain Replacement
Project to Scarsella Bros., Inc. in the amount of $1,346,673.84 a
and authorize the Mayor to sign all necessary documents, ,n
subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
R SE ULT: MOTION PASSES [UNANIMOUS]
MOVER: Brenda Fincher, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Fincher, Kaur, Larimer, Troutner, Thomas, Michaud
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
None.
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 5 of 6 Packet Pg. 23
8.A.1
Kent City Council City Council Regular Meeting April 18, 2023
Minutes Kent, Washington
12. ADJOURNMENT
Mayor Ralph reminded everyone to vote, gave locations of drop boxes and
adjourned the meeting.
Meeting ended at 7:32 p.m.
Ki4�Ley A. Kamoto-
City Clerk
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Page 6 of 6 Packet Pg. 24
8.B
•
KENT
W A S M I N G T O N
DATE: May 2, 2023
TO: Kent City Council
SUBJECT: Payment of Bills - Approve
MOTION: I move to approve the payment of bills received through 4/15/23
and paid on 4/15/23 and approve the checks issued for payroll 4/1/23 -
4/15/23 and paid on 4/20/23, all audited by the Operations and Public
Safety Committee on 4/18/23.
SUMMARY:
Approval of payment of the bills received through: 04/15/23
and paid 04/15/23
Approval of checks issued for Vouchers:
Date Document Numbers Amount
04/15/23 Wire Transfers 9648 9665 $2,599,249.59
04/15/23 Regular Checks 769005 769309 $2,271,770.13
04/15/23 Payment Plus 104979 105010 $107,035.63
Void Checks $0.00
Void Payment Plus $0.00
04/15/23 Use Tax Payable $3,385.06
Total Accounts Payable: $4,981,440.41
Approval of checks issued for Payroll: 4/1/23 - 4/15/23
and paid 04/20/23
Date Document Numbers Amount
04/20/23 Checks $2,328,007.30
Voids and Reissues $0.00
04/20/23 ANces FR&P 463548 463554 $4,370.65
Total Payroll: $2,332,377.95
BUDGET IMPACT: None.
Packet Pg. 25
8.6
04/18/23 Operations and Public Safety Committee MOTION
PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 5/2/2023
7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Fincher, Kaur, Larimer, Michaud, Thomas, Troutner
Packet Pg. 26
8.0
440
KENT
DATE: May 2, 2023
TO: Kent City Council
SUBJECT: Excused Absence for Councilmember Thomas - Approve
MOTION: I move to approve an excused absence for Councilmember
Thomas for the City Council meeting of May 2, 2023.
SUMMARY: Councilmember Thomas is unable to attend the City Council meeting of
May 2, 2023, and has requested an excused absence.
Packet Pg. 27
9.A
•
KENT
W A S M I N G T O N
DATE: May 2, 2023
TO: Kent City Council
SUBJECT: Drug and Alcohol Possession - Ordinance - Adopt
MOTION: I move to adopt Ordinance No. 4461, repealing and re-enacting
Chapter 9.12 of the Kent City Code to prohibit the unlawful possession of
drugs, to prohibit the use of drugs in public places, and to create a new
alternative two-year deferred prosecution program for individuals charged
with such crimes, which will connect them with treatment and allow their
charges to be dismissed or their convictions vacated upon successful
completion of treatment.
SUMMARY: The state Legislature adjourned its legislative session on April 23,
2023, without adopting any new laws concerning the unlawful possession of drugs.
The lack of state action means that effective July 1, 2023, Washington will be left
with no enforceable law prohibiting the possession of drugs. While the City's local
ordinance that prohibits the public use of drugs would still be in effect, there would
no longer be an enforceable state law prohibiting the simple possession of drugs-
only when drug possession turns into public use of those drugs would law
enforcement be able to act.
In the absence of enforceable state legislation, the Mayor requests that Council
adopt a City ordinance prohibiting the possession of drugs in Kent. However, in
enforcing that prohibition, the Mayor has worked with the City Attorney's Office to
propose a pretrial diversion process through an alternative two-year deferred
prosecution program. Overall, the proposed ordinance offers several off-ramps
through which an individual can connect with treatment services, and upon
successful completion of treatment, pending drug charges can be dismissed and
drug convictions can be vacated. Once a charge is dismissed or a conviction is
vacated, the individual may truthfully state, in responding to questions on
employment or housing applications, that they have never been convicted of that
crime. The proposed ordinance seeks to strike an appropriate balance between
access to treatment, and accountability for those who refuse treatment.
The Mayor also requests Council consider amending the budget to allocate proceeds
the City receives from the opioid class action lawsuit to assist indigent individuals
who wish to receive treatment under the alternative deferred prosecution program
created by this ordinance.
Packet Pg. 28
9.A
BUDGET IMPACT: N/A
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. Drug Possession-Post 2023 Leg Session-05.02.2023 Council (PDF)
Packet Pg. 29
9.A.a
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ORDINANCE NO. 4461 0
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AN ORDINANCE of the City Council of the o
City of Kent, Washington, repealing Chapter 9.12 of a
the Kent City Code and reenacting a new Chapter
9.12 of the Kent City Code, entitled "Drug and 0
Alcohol Possession", to: (i) prohibit the unlawful Q
possession of controlled substances, legend drugs,
counterfeit controlled substances, and drug
paraphernalia; (ii) to prohibit the public use of o
controlled substances, legend drugs, and counterfeit
controlled substances, and (iii) to create a newLO
alternative two-year deferred prosecution program
for individuals charged with such crimes to connect U
them with necessary treatment, while allowing them c
to have their criminal charges dismissed and their L)
convictions vacated upon their successful o
completion of treatment and compliance with the N
court's orders. o
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RECITALS y
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A. In State v. Blake, 197 Wn.2d 170 (2021), the Washington State
J
Supreme Court found former RCW 69.50.4013, which made it a strict liability N
0
offense to possess a controlled substance in violation of the Uniform N
0
Controlled Substances Act, unconstitutional because the statute did not a
require proof that the offender knowingly possessed a controlled substance.
Without proof of knowledge, the Court held the statute violated y
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constitutional due process. In response, the state legislature adopted RCW a
69.50.4013 during its 2021 legislative session, which provided a temporary o
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1 Amend KCC 9.12 - M
Re: Drug and Alcohol Possession
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Packet Pg. 30
9.A.a
correction to the law to make it unlawful for an individual to knowingly
possess a controlled substance. However, before any arrests could occur, c
this legislation required officers to inform individuals on their first two Q
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violations that they could voluntarily enter treatment. The legislation
provided no incentive for offenders to enter treatment, and for a number of
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other reasons, the legislation proved impractical. This legislation sunsets on
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July 1, 2023, and the statute will revert to its prior form, which the state •0
Supreme Court has previously held was unconstitutional and void. As a N
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result, starting July 1, 2023, Washington will be left with no enforceable law a
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prohibiting the possession of controlled substances. c
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B. Substance use disorder is ravaging this region, and the number
of controlled substance-related deaths continues to rapidly increase. The
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lack of adequate laws surrounding controlled substances creates an
opportunity for those who produce, import, and sell deadly drugs to prey on M
those suffering from addiction. The illicit drug market drives violent crime U
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throughout the region. Property crimes, which are committed to fund 0
addiction, have impacted our residents and business community. The City is o
not willing to sit by while the use of deadly drugs is normalized, drug o
LO
behavior increases, more people become addicted, additional deaths occur, o
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and crime fueled by drugs increases. •0
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C. Substance use disorder is a medical issue and treatment
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services are necessary. However, without proper encouragement, an N
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individual with a substance use disorder cannot be expected to make the N
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decision to stop using on their own. The power of addiction continues to a
control individuals and there is no incentive to end the cycle of use. While
no single response will solve the drug epidemic facing our community, y
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continued inaction will only exacerbate the problem by normalizing drug use, a
creating a bigger market for the distribution of controlled substances, and o
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2 Amend KCC 9.12 - M
Re: Drug and Alcohol Possession
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Packet Pg. 31
9.A.a
increasing the opportunity for people to become addicted. In turn, deaths
will increase as will drug-related violence and property crimes. c
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D. In response to state legislation that limited a police officer's
c
arrest powers when an individual unlawfully possessed drugs, the Kent City c
Council adopted Ordinance No. 4442 on September 6, 2022, which focused o
on those individuals who openly use drugs in public places and made such 0
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conduct a misdemeanor crime. Ordinance No. 4442 allowed police officers
to once again take action at the local level when they observe an individual 0
openly use drugs in public. Action by law enforcement and prosecutors
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allows these individuals to be connected with treatment providers through Q
our municipal court system.
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E. This ordinance will make it a gross misdemeanor crime in Kent
for individuals to knowingly possess a controlled substance, a legend drug, LO
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or a counterfeit controlled substance, and a misdemeanor to possess drug —
paraphernalia or to unlawfully dispose of a controlled substance, counterfeit o
controlled substance, a legend drug, or drug paraphernalia. It will M
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additionally prohibit the public use of those same substances, which will be N
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punished as a gross misdemeanor. Importantly, the ordinance includes LO
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treatment as an alternative to jail. o
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F. As an alternative to jail, this ordinance includes a new two-year M
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deferred prosecution program, which is more favorable to an individual than M
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the program currently offered at the state level through Chapter 10.05 of N
the Revised Code of Washington ("RCW"). Under this ordinance, the duration 0
a
of the program is reduced from five years to two years, and the court is 0
given broader discretion to continue the deferred prosecution program if a N
N
participant relapses or otherwise violates a program condition. 0
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3 Amend KCC 9.12 -
Re: Drug and Alcohol Possession
Q
Packet Pg. 32
9.A.a
G. Once an individual successfully completes the alternative
deferred prosecution program, their criminal charges are dismissed and no 0
conviction will appear on their criminal history. Additionally, if an individual Q
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violates the deferred prosecution program and they are ultimately convicted
of the charge, this ordinance provides that the City will not object to the
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individual receiving a deferred sentence, which also will allow the individual's
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charge to be dismissed if they successfully complete treatment. •0
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H. If an individual is not successful in complying with the 0
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conditions of a deferred sentence to receive the benefit of a dismissal, they
0
would still be able to have their criminal conviction vacated. Once a person a
successfully completes treatment, the City will not object to the court
vacating the individual's conviction. Once the court vacates a conviction, the
0
individual is released from the burden of that conviction, and for all
purposes, including responding to questions on employment or housing M
applications, the vacation statute expressly provides that the person may U
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state that they have never been convicted of that crime. 0
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I. This ordinance creates a process that is treatment focused. The N
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purpose statement set forth in KCC 9.12.010 communicates the City LO
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Council's intent that incarceration be requested by prosecutors and imposed o
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by judges only as a sanction when an individual chooses to not engage in
treatment or otherwise comply with their recommended treatment program
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or other court conditions. Otherwise, the provisions are to be interpreted N
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and implemented so as to help individuals find a path to treatment. At each
U)
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stage of the process, there are avenues for an individual to have their a
charges dismissed or convictions vacated upon completion of treatment.
N
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J. Finally, if an individual is indigent and unable to pay the cost a
for treatment through the alternative deferred prosecution program, 3
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including costs to conduct the required investigation, examination, report,
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4 Amend KCC 9.12 - M
Re: Drug and Alcohol Possession
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Packet Pg. 33
9.A.a
and treatment plan, the City Council is committed to evaluating what funds
it may appropriate for that purpose. c
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
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WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: c
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ORDINANCE
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SECTION 1. - Repealer - Ch. 9.12 KCC. Chapter 9.12 of the Kent
City Code, entitled "Narcotics and Barbiturates", is repealed in its entirety. 0
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SECTION 2. - Amendment - New Ch. 9.12 KCC. The Kent City Code Q
is amended to add a new Chapter 9.12, entitled "Drug and Alcohol
Possession", as follows:
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CHAPTER 9.12
DRUG AND ALCOHOL POSSESSION
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Sec. 9.12.010. Purpose. Substance abuse is taking an increasing 0
toll on the health and safety of our community. The purpose of this chapter N
0
is to help those suffering from addiction find a path to treatment through o
LO
our municipal court system, and to hold accountable those unwilling to seek o
treatment for the harm caused to our community. If an individual is charged •0
N
with a crime under this chapter and they comply with their recommended cn
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substance use disorder treatment program, their criminal charge will be
M
dismissed and no conviction will result. If an individual fails to comply with o
N
their treatment program and they are later convicted of the charge after o
a
being found noncompliant by the court, they will still have the opportunity c
to have their conviction vacated if they comply with their recommended
treatment program. The Kent City Council intends that incarceration be o
a
utilized as a sanction only when an individual fails to comply with their
L
recommended treatment program or other conditions imposed by the court.
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5 Amend KCC 9.12 -
Re: Drug and Alcohol Possession
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Packet Pg. 34
9.A.a
Sec. 9.12.020. Definitions. For purposes of this section, the 0-
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following terms or words shall be interpreted as follows: Q
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A. Controlled substance means any controlled substance classified in
Schedule I, II, III, IV, or V of Chapter 69.50 RCW, excluding cannabis, as it o
now exists or shall hereafter be added to, deleted from, modified, or
0
amended.
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B. Counterfeit controlled substance means a controlled substance that is a
0
falsely labeled so as to appear to have been legitimately manufactured or c
distributed. Q
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C. Drug paraphernalia has the same meaning as provided for in RCW
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69.50.102, which statute is adopted by this reference, as currently enacted
and hereafter amended or recodified from time to time. M
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D. Legend drug means any drug which is required by state law or c
regulation of the pharmacy quality assurance commission to be dispensed M
N
on prescription only or is restricted to use by practitioners only. N
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E. Public place means an area generally visible to public view and 9
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includes without limitation any place where the public has a right of access, y
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which includes without limitation sidewalks, parking lots and parking (n,
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garages, streets, alleys, highways, or roads; public buildings and grounds,
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including schools, parks, playgrounds, and meeting halls; establishments to N
which the public is invited including restaurants, theaters, stores, gas 0
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stations, meeting halls, lobbies, halls and dining rooms of hotels, bars, o
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taverns, pubs, or establishments where beer or soft drinks may be sold, and y
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their associated parking lots, parking structures, walkways, doorways, and a
entrances; railroad trains, light rail facilities, buses, and other public
0
conveyances of all kinds and character, and their associated stations and
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6 Amend KCC 9.12 - M
Re: Drug and Alcohol Possession
Q
Packet Pg. 35
9.A.a
platforms used in conjunction therewith which are open to unrestricted use
and access by the public; and all other places of like or similar nature. c
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F. Use means actual use or a substantial step taken that evidences an
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intent to inject, ingest, inhale, or otherwise introduce a controlled substance
into the human body. o
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Sec. 9.12.030. Controlled substances—Possession or use in N
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public—Penalty. o
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A. Possession. It is unlawful for any person to knowingly possess a c
controlled substance unless the controlled substance has been lawfully Q
prescribed to the person possessing it.
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B. Public use. It is unlawful for any person to intentionally use a
controlled substance in a public place unless the controlled substance has M
been lawfully prescribed to the person using it. U
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C. Exception. It shall not be a violation of this section if the person M
N
possesses a controlled substance prescribed to another person for whom the N
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person is a legal guardian and the controlled substance is possessed in the LO
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container in which it was originally dispensed. o
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D. Penalty. A violation of this section is punishable as a gross (n,
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misdemeanor.
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7 Amend KCC 9.12 - M
Re: Drug and Alcohol Possession
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Packet Pg. 36
9.A.a
Sec. 9.12.040. Legend drugs—Possession or use in public—
Penalty. c
a
A. Possession. It is unlawful for any person to knowingly possess any
legend drug unless the legend drug has been lawfully prescribed to the
person possessing it. o
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B. Public use. It is unlawful for any person to intentionally use a legend N
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drug in a public place unless the legend drug has been lawfully prescribed o
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to the person using it. c
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C. Exception. It shall not be a violation of this section if the person Q
possesses a legend drug prescribed to another person for whom the person
is a legal guardian and the legend drug is possessed in the container in which o
it was originally dispensed.
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D. Penalty. A violation of this section is punishable as a gross U
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misdemeanor. o
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Sec. 9.12.050. Counterfeit controlled substances—Possession N
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or use in public—Penalty.
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A. Possession. It is unlawful for any person to knowingly possess a y
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counterfeit controlled substance. `n
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B. Public use. It is unlawful for any person to intentionally use a o
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counterfeit controlled substance in a public place. o
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C. Penalty. A violation of this section is punishable as a gross
misdemeanor.
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8 Amend KCC 9.12 - M
Re: Drug and Alcohol Possession
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Packet Pg. 37
9.A.a
Sec. 9.12.060. Possession of drug paraphernalia. It is unlawful
for any person to knowingly possess drug paraphernalia, other than that c
drug paraphernalia associated with the lawful possession and use of Q
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cannabis. A violation of this section is punishable as a misdemeanor.
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Sec. 9.12.070. Minor in possession of alcohol. It is unlawful for o
any person under the age of twenty-one years to knowingly possess, o
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consume, or otherwise acquire any liquor, in violation of KCC 9.02.490 and
RCW 66.44.270, which is punishable as a gross misdemeanor. a
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Sec. 9.12.080. Unlawful deposit of dangerous drugs and drug
Q
paraphernalia. It shall be unlawful for any person to knowingly dump,
throw, deposit, or discharge onto the ground or into any body of water any
L
controlled substance, counterfeit controlled substance, or legend drug, or
any drug paraphernalia. A violation of this section is punishable as aLO
M
misdemeanor.
3
Sec. 9.12.090. Alternative deferred prosecution program. In ci
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lieu of the process provided for under Ch. 10.05 RCW, an individual charged N
with a crime under this chapter may petition the court to have that charge R
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considered under the alternative deferred prosecution program provided for
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by this section. N
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A. Petition—Eligibility. An individual charged with a crime under this
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chapter may petition the court to be considered for this alternative deferred o
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prosecution program. The petition may include, upon agreement of the o
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parties, multiple charges that are pending at the time the petition is filed, c
which may be consolidated into a single program. However, this alternative
deferred prosecution program is not available for any offense under Title 46 0
a
RCW, any domestic violence offense, or any offense under Chapter 9A.42
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RCW, which offenses may only be petitioned for under the deferred
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9 Amend KCC 9.12 -
Re: Drug and Alcohol Possession
Q
Packet Pg. 38
9.A.a
prosecution program procedures provided for in Ch. 10.05 RCW.
Misdemeanor charges that result from the county declining to file felony c
charges for the sale, delivery, or possession with an intent to deliver Q
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controlled substances, counterfeit controlled substances, or legend drugs,
are not eligible for this alternative deferred prosecution program, unless the
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parties otherwise agree.
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The petition shall be filed with the court at least three court days prior •2
to the date set for trial but, upon a written motion and affidavit establishing N
0
good cause for the delay and failure to comply with this section, the court a
0
may waive this requirement subject to the defendant's reimbursement to 0
the court of the witness fees and expenses due for subpoenaed witnesses Q
who have appeared on the date set for trial.
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B. Statement of availability. At the time of arraignment an individual
charged with an offense under this chapter may be given a statement by the M
court that explains the availability, operation, and effects of this alternative
deferred prosecution program. 0
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C. Requirements of petition—Rights of petitioner—Court findings. N
N
1. In the petition, the petitioner shall allege under oath that the LO
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wrongful conduct charged is the result of or was caused by a substance use r-
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disorder for which the individual is in need of treatment and unless treated Ch
(D
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the probability of future recurrence is great, along with a statement that the
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individual agrees to pay the cost of a diagnosis and treatment of the alleged N
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problem or problems, if financially able to do so. The petition shall also N
0
contain a case history and written assessment prepared by an approved a
substance use disorder treatment program as designated in chapter 71.24
RCW.
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10 Amend KCC 9.12 -
Re: Drug and Alcohol Possession
Q
Packet Pg. 39
9.A.a
2. Before entry of an order deferring prosecution, a petitioner
shall be advised of their right as an accused and execute, as a condition of c
receiving treatment, a statement that contains the following: Q
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a. An acknowledgment of their rights;
b. An acknowledgment and waiver of the right to testify,
the right to a speedy trial, the right to call witnesses to testify, the right to
present evidence in their defense, and the right to a jury trial; •0
C. A stipulation to the admissibility and sufficiency of the N
0
facts contained in the written police report; a
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d. An acknowledgment that the statement will be entered o
and used to support a finding of guilty, if the court finds cause to revoke the Q
order granting deferred prosecution;
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e. An agreement to sign a release of information allowing o
the program provider to share information with the court, defense counsel,
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and the prosecutor, subject to the condition that information learned shall
be used only to determine the individual's compliance with treatment
approved through this alternative deferred prosecution program and not for ci
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prosecution of a criminal offense; and N
f. An acknowledgment that the individual may opt out of R
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this alternative deferred prosecution program at their first review hearing
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and have their criminal case sent back to pre-trial status. The petitioner shall
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also be advised that they may, if they proceed to trial and are found guilty, U),
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be allowed to seek suspension of some or all of the fines and incarceration M
N
that may be ordered upon the condition that they seek treatment and, N
further, that they may seek treatment from public and private agencies at 0
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any time without regard to whether or not they are found guilty of the o
.2
offense charged. They shall also be advised that the court will not accept a N
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petition for deferred prosecution from an individual who: (i) sincerely 0
believes that they are innocent of the charges; or (ii) sincerely believes that
0
they did not, in fact, suffer from a substance use disorder.
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11 Amend KCC 9.12 -
Re: Drug and Alcohol Possession
Q
Packet Pg. 40
9.A.a
3. Before entering an order deferring prosecution, the court shall
make specific findings that: c
a. The petitioner has stipulated to the admissibility and Q
a�
sufficiency of the facts as contained in the written police report;
b. The petitioner has acknowledged the admissibility of the
L
stipulated facts in any criminal hearing on the underlying offense or offenses
held subsequent to revocation of the order granting deferred prosecution; •0y
C. The petitioner has acknowledged and waived the right to N
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testify, the right to a speedy trial, the right to call witnesses to testify, the a
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right to present evidence in their defense, and the right to a jury trial; and c
d. The petitioner's statements were made knowingly and Q
voluntarily.
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Such findings shall be included in the order granting deferred prosecution.
LO
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D. Investigation and examination. The program to which such individual -
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is referred shall conduct an investigation and examination to determine: c
1. Whether the individual suffers from the problem described; M
N
2. Whether the problem is such that if not treated there is a N
N
probability that similar misconduct will occur in the future; LO
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3. Whether extensive and long term treatment is required; o
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4. Whether effective treatment for the individual's problem is
available; and
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5. Whether the individual is amenable to treatment. N
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12 Amend KCC 9.12 - M
Re: Drug and Alcohol Possession
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Packet Pg. 41
9.A.a
E. Report to court—Recommended treatment plan—Commitment to 0-
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provide treatment. a
1. The program shall make a written report to the court stating
its findings and recommendations after the examination required by KCC c
9.12.090(E). If its findings and recommendations support treatment, it shall o
also recommend a treatment or service plan setting out: o
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a. The type;
b. Nature; 0
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C. Length;
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d. A treatment or service time schedule; and a
e. Approximate cost of the treatment. C
2. The report with the treatment or service plan shall be filed with
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the court and a copy given to the petitioner and petitioner's counsel. A copy
of the treatment or service plan shall be given to the prosecutor by M
petitioner's counsel. The evaluation facility making the written report shall U
c
append to the report a commitment by the treatment program that it will 0
provide the treatment in accordance with this section. If the individual is o
monitored by the court's probation department, the facility or the service o
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provider shall agree to provide the court with a statement every three o
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months for the first year and every six months for the second year regarding •0
N
(a) the petitioner's cooperation with the treatment proposed, and (b) the
petitioner's progress or failure in treatment. If the individual is not monitored
M
by the court's probation department, such statements must be filed with the c
N
court, along with a copy sent to the prosecutor and defense attorney, every o
a
month or as the court may otherwise order. These statements shall be made c
as a declaration by the individual who is personally responsible for providing
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the treatment or services. c
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13 Amend KCC 9.12 - M
Re: Drug and Alcohol Possession
Q
Packet Pg. 42
9.A.a
F. Procedure upon approval of plan. If the report recommends
treatment, the court shall examine the treatment plan. If the court approves c
the plan and the petitioner agrees to comply with its terms and conditions Q
a�
and agrees to pay the cost thereof, if able to do so, or arrange for the
treatment, an entry shall be made upon the individual's court docket
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showing that the individual has been accepted for deferred prosecution
c
under this alternative program. A copy of the treatment plan shall be filed •0
with the court.
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G. When treatment rejected. When treatment is either not recommended
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or not approved by the judge, or the petitioner declines to accept the Q
treatment plan, the charge shall proceed through the criminal justice system C
in regular course.
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H. Evidence, uses, and admissibility. If the petition is not approved or isLO
M
withdrawn before approval, evidence pertaining to or resulting from the -
.5
petition and/or investigation is inadmissible in any trial on the charges, but c
shall be available for use after a conviction in determining a sentence. M
N
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I. Procedure upon breach of treatment plan. If a petitioner, who has o
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been accepted for a deferred prosecution, fails, or neglects to carry out and 9
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fulfill any term or condition of the petitioner's treatment plan, the facility, y
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center, institution, or agency administering the treatment shall immediately (n,
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report such breach to the court, the prosecutor, and the petitioner or M
N
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petitioner's attorney of record, together with its recommendation. The court N
upon receiving such a report shall hold a hearing to determine whether the 0
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petitioner should be removed from the deferred prosecution program. At the o
hearing, evidence shall be taken of the petitioner's alleged failure to comply y
N
with the treatment plan and the petitioner shall have the right to present 0
evidence on their own behalf. The court shall either order that the petitioner
0
continue on the treatment plan or be removed from deferred prosecution. If
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14 Amend KCC 9.12 - M
Re: Drug and Alcohol Possession
Q
Packet Pg. 43
9.A.a
removed from deferred prosecution, the court shall enter judgment pursuant
to KCC 9.12.090(C). c
Q
J. Conviction of similar offense. If a petitioner is subsequently convicted
c
of a similar offense that was committed while the petitioner was in a deferred c
prosecution program, upon notice the court may remove the petitioner's o
docket from the deferred prosecution file, and if removed, shall enter o
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judgment pursuant to KCC 9.12.090(C).
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K. Trial delay not grounds for dismissal. Delay in bringing a case to trial c
caused by a petitioner requesting deferred prosecution as provided for in 0
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this section shall not be grounds for dismissal.
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L. Dismissal of charges. Following proof to the court that the petitioner o
has complied with the conditions imposed by the court following successful
LO
completion of the recommended treatment program, but not before two M
years following entry of the order of deferred prosecution pursuant to a
petition brought under KCC 9.12.090, or earlier upon agreement of the ci
M
parties, the court shall dismiss the charges pending against the petitioner. N
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M. Services provided for indigent defendants. If an individual is indigent o
and has sufficiently demonstrated to the court that they are unable to pay •N
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the cost of any program of treatment, including costs to provide cn
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investigation, examination, report and a treatment plan, those costs may be �
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eligible for payment using available funds appropriated by the City or the o
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state for that purpose. o
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15 Amend KCC 9.12 - M
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N. Conditions of granting. a
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1. As a condition of granting a deferred prosecution petition, the Q
court may order the petitioner to make restitution and to pay costs as
defined in RCW 10.01.160. c
2. To help ensure continued sobriety and reduce the likelihood of o
re-offense, the court may order reasonable conditions during the period of 0
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the deferred prosecution including, but not limited to, attendance at self-
help recovery support groups for substance use disorders, complete 0
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abstinence from alcohol and all nonprescribed mind-altering drugs, periodic
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urinalysis or breath analysis, and maintaining law-abiding behavior. The Q
court may terminate the deferred prosecution program upon violation of any
term or condition provided for in the deferred prosecution order.
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O. Minimum program requirements. A deferred prosecution programLO
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shall be for a two-year period and shall include, but not be limited to, the -
following requirements: c
1. Total abstinence from alcohol and all other nonprescribed M
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mind-altering drugs; N
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2. Participation in an intensive inpatient or intensive outpatient LO
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program in a state-approved substance use disorder treatment program; o
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3. Participation in a minimum of two meetings per week of a self-
help recovery support group, as determined by the assessing agency, for
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the duration of the treatment program; N
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4. Participation in a self-help recovery support group, as N
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determined by the assessing agency, from the date of court approval of the a
plan to entry into intensive treatment;
5. Not less than weekly approved outpatient counseling, group or y
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individual, for a minimum of six months following the intensive phase of a
treatment; o
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16 Amend KCC 9.12 -
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9.A.a
6. Not less than monthly outpatient contact, group or individual,
for the remainder of the two-year deferred prosecution period; c
7. The decision to include the use of prescribed drugs to treat a Q
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substance use disorder, including but not limited to disulfiram, methadone,
buprenorphine, and naltrexone, as a condition of treatment shall be reserved
to the treating facility and the petitioner's physician;
8. All treatment within the purview of this section shall occur •0
within or be approved by a state-approved substance use disorder treatment N
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program as described in Chapter 71.24 RCW; a
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9. Signature of the petitioner agreeing to the terms and conditions 0
of the treatment program. Q
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P. Appeal of deferred prosecution order. The prosecutor may appeal an
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order granting deferred prosecution if the evaluation facility fails to provide
the information required in KCC 9.12.090(E) and KCC 9.12.090(F), if the M
petitioner has been referred to the facility for treatment. If an appeal on
such basis is successful, the trial court may consider the use of another 0
treatment program. N
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Q. Supervision as condition—Levy of assessment. As a condition of LO
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granting a deferred prosecution, the court may order supervision of the o
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petitioner by the probation department during the period of deferral and
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may levy a monthly assessment upon the petitioner as provided in KCC
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9.12.090(M), to the extent the petitioner is able to pay the assessment. N
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Sec. 9.12.100. No objection to deferred sentence following 0
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revoked deferred prosecution. If an individual declines the alternative o
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deferred prosecution program created through this chapter, a deferred N
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prosecution program as provided for in Chapter 10.05 RCW, or a deferred 0
prosecution program under this chapter or Chapter 10.05 RCW is revoked
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due to noncompliance, the city will not object to the individual being granted
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17 Amend KCC 9.12 - M
Re: Drug and Alcohol Possession
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Packet Pg. 46
9.A.a
a deferred sentence conditioned on compliance with a state-approved
substance use disorder treatment program. c
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Sec. 9.12.110. Vacation of conviction. If a person convicted of an
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offense under this chapter is ordered by the court to complete a substance
use disorder treatment program, the city will not object to the court vacating o
the individual's conviction(s) if the person successfully completes the court-
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approved treatment program and they file proof of such completion with the
court. Vacation shall include all convictions for offenses under this chapter 0
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that were entered at the time the individual completed the court-approved
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substance use disorder treatment program. Q
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SECTION 3. - Adoptions by Reference. A true and correct copy of
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RCW 69.50.102 adopted and incorporated by reference in Section 2 of this
ordinance is attached as Exhibit A. LO
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SECTION 4. - Severability. If any one or more section, subsection,
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or sentence of this ordinance is held to be unconstitutional or invalid, such L)
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decision shall not affect the validity of the remaining portion of this ordinance N
and the same shall remain in full force and effect. o
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0 SECTION 5. - Savings. The existing Chapter 9.12 of the Kent City •°
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Code, which is repealed and replaced by this ordinance, shall remain in full
force and effect until the effective date of this ordinance.
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SECTION 6. - Corrections by City Clerk or Code Reviser. Upon N
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approval of the city attorney, the city clerk and the code reviser are a
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or y
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references to other local, state, or federal laws, codes, rules, or regulations. a
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18 Amend KCC 9.12 - M
Re: Drug and Alcohol Possession
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9.A.a
SECTION 7. - Effective Date. This ordinance shall take effect and be
in force at 12:01 a.m. on July 1, 2023, which date is at least thirty days c
from and after its passage. Until that date, the existing provisions of Chapter Q
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9.12 KCC shall remain in effect.
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May 2, 2023 •O
DANA RALPH, MAYOR Date Approved
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ATTEST:
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May 2, 2023
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
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May 5, 2023
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Date Published
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APPROVED AS TO FORM:
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TAMMY WHITE, CITY ATTORNEY o
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19 Amend KCC 9.12 -
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9.A.a
EXHIBIT A
RCW 69.50.102 Drug paraphernalia—Definitions. (a) As used in p
this chapter, "drug paraphernalia" means all equipment, products, and Q
materials of any kind which are used, intended for use, or designed ,
for use in planting, propagating, cultivating, growing, harvesting, y
manufacturing, compounding, converting, producing, processing,
preparing, testing, analyzing, packaging, repackaging, storing,
containing, concealing, injecting, ingesting, inhaling, or otherwise :a
introducing into the human body a controlled substance. It includes, O
but is not limited to:
(1) Kits used, intended for use, or designed for use in planting,
propagating, cultivating, growing, or harvesting of any species of O
plant which is a controlled substance or from which a controlled y
N substance can be derived; ai
(2) Kits used, intended for use, or designed for use in y
manufacturing, compounding, converting, producing, processing, or O
preparing controlled substances; a
(3) Isomerization devices used, intended for use, or designed for O
use in increasing the potency of any species of pl
ant which is a 0
controlled substance;
(4) Testing equipment used, intended for use, or designed for use Q
in identifying or in analyzing the strength, effectiveness, or purity
of controlled substances; to
(5) Scales and balances used, intended for use, or designed for
3
use in weighing or measuring controlled substances;
(6) Diluents and adulterants, such as quinine hydrochloride,
mannitol, mannite■ dextrose, and lactose, used, intended for use, or to
designed for use in cutting controlled substances;
(7) Separation gins and sifters used, intended for use, or
designed for use in removing twigs and seeds from, or in otherwise
cleaning or refining, cannabis;
(8) Blenders, bowls, containers, spoons, and mixing devices used, 3
intended for use, or designed for use in compounding controlled V
substances;
(9) Capsules, balloons, envelopes, and other containers used, N
intended for use, or designed for use in packaging small quantities of
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controlled substances; nj
(10) Containers and other objects used, intended for use, or
designed for use in storing or concealing controlled substances; c
(11) Hypodermic syringes, needles, and other objects used,
intended for use, or designed for use in parenterally injecting C
controlled substances into the human body; y
(12) Objects used, intended for use, or designed for use in y
ingesting, inhaling, or otherwise introducing cannabis, cocaine,
hashish, or hashish oil into the human body, such as; d
(i) Metal, wooden, acrylic, glass, stone, plastic, or ceramic
pipes with or without screens, permanent screens, hashish heads, or M
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punctured metal bowls; c
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(ii) water pipes;
(iii) Carburetion tubes and devices; N
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(iv) Smoking and carburetion masks; a
(v) Roach clips: Meaning objects used to hold burning material, o
such as a cannabis cigarette, that has become too small or too short
to be held in the hand; y
(vi) Miniature cocaine spoons, and cocaine vials; d
(vii) Chamber pipes; o
(viii) Carburetor pipes; d
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20 Amend KCC 9.12 -
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9.A.a
(ix) Electric pipes;
(x) Air-driven pipes; G
(xi) Chillums;
(xii) Bangs; and Q
(xiii) Ice pipes or chillers. d
(b) In determining whether an object is drug paraphernalia under 0
this section, a court or other authority should consider, in addition M
to all other logically relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object O
concerning its use;
(2) Prior convictions, if any, of an owner, or of anyone in C
control of the object, under any state or federal law relating to any
controlled substance; N
(3) The proximity of the object, in time and space, to a direct N
violation of this chapter; w
(4) The proximity of the object to controlled substances; a
(5) The existence of any residue of controlled substances on the c
object;
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(6) Direct or circumstantial evidence of the intent of an owner,
or of anyone in control of the object, to deliver it to persons whom Q
he or she knows, or should reasonably know, intend to use the object
to facilitate a violation of this chapter; the innocence of an owner, O
or of anyone in control of the object, as to a direct violation of C)
this chapter shall not prevent a finding that the object is intended
or designed for use as drug paraphernalia;
(7) Instructions, oral or written, provided with the object to
concerning its use;
(8) Descriptive materials accompanying the object which explain
or depict its use; —_
(9) national and local advertising concerning its use;
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(10) The manner in which the object is displayed for sale; C
(11) Whether the owner, or anyone in control of the object, is a V
legitimate supplier of like or related items to the community, such as M
a licensed distributor or dealer of tobacco products; c
(12) Direct or circumstantial evidence of the ratio of sales of C14
the object (s) to the total sales of the business enterprise; c
(13) The existence and scope of legitimate uses for the object in In
the community; and c
(14) Expert testimony concerning its use. [2022 c 16 § 52; 2012 0
c 117 § 366; 1981 c 48 § 1 _ ] N
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Intent—Finding-2022 c 16: See note following RCW 69.50.101. y
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5everability-1981 c 48: "If any provision of this act or its J
application to any person or circumstance is held invalid, the N
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remainder of the act or the application of the provision to other
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persons or circumstances is not affected." [1981 c 48 § 4. ] N
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21 Amend KCC 9.12 -
Re: Drug and Alcohol Possession
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Packet Pg. 50