HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 5/2/2023 Approved
Kent City Council
• City Council Regular Meeting
KENT Minutes
WAS M IN G 7 0 N
May 2, 2023
Date: May 2, 2023
Time: 7:03 p.m.
Place: Chambers
1. CALL TO ORDER/FLAG SALUTE
Mayor Ralph called the meeting to order.
2. ROLL CALL
Attendee Name 1Titie ,_ Status Arrived
Dana Ral h Mayor Present
Bill Boyce Council President Present
Brenda Fincher Councilmember Present
Satwinder Kaur Councilmember Remote
Marli Larimer Councilmember Present
Toni Troutner Councilmember Present
Les Thomas Councilmember Excused
Zandria Michaud Councilmember Present
3. AGENDA APPROVAL
A. I move to approve the agenda as presented.
RESULT: MOTION PASSES [UNANIMOUS]
MOVER: Bill Boyce, Council President
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Michaud
4. PUBLIC COMMUNICATIONS
A. Public Recognition
Chief Administrative Officer, Pat Fitzpatrick recognized Tammy White, the
City Attorney, for her 24-year anniversary with the City.
i. Employee of the Month
Mayor Ralph announced Melissa Edlund-Oakley as the May, 2023, Employee
of the Month. City Attorney, Tammy White conveyed her appreciation of
Melissa and the work that she does.
Melissa expressed appreciation of the honor and indicated how thriled she is
to have received this award.
ii. Proclamation for Provider Appreciation Day
Kent City Council City Council Regular Meeting May 2, 2023
Minutes Kent, Washington
Mayor Ralph presented the Proclamation for Provider Appreciation Day to
Amram Ibrahim, a Kent childcare provider.
iii. Proclamation for Bike Everywhere Month
Mayor Ralph presented the Proclamation for Bike Everywhere Month to
Wendy Graves, the Chair of the Kent Bicycle Advisory Board. Graves
expressed appreciation of the Proclamation and encouraged everyone to
support the upcoming bike rodeo.
iv. Proclamation for National Correctional Officers' Week
Mayor Ralph presented the Proclamation for National Correctional Officers'
Week to City of Kent Jail Commander, Diane McCuistion and Chief Rafael
Padilla.
Chief Padilla expressed appreciation of the Correctional Facility staff and
Commander McCuistion.
V. Proclamation for Affordable Housing Week
Mayor Ralph presented the Proclamation for Affordable Housing Week to Cliff
Cawthon from Habitat for Humanity.
Cawthon expressed appreciation of the Proclamation.
B. Community Events
Council President Boyce announced upcoming events at the accesso ShoWare
Center, including the Thunderbirds playoff games.
Councilmember Fincher announced the Juneteenth Celebration on June 17th
at the Kent YMCA.
The City will host a Bike Rodeo on May 20th from 10-1 p.m. at the Kent
YMCA, and there is a Team-up2Clean-up event on May 6th. Visit
Kentwa.gov/talkingtrash to register.
Councilmember Michaud announced a Kent Parks Conservation Day Event on
May 6th at 9 a.m. at North Meridian Park.
C. Economic and Community Development Report
Chief Economic Development Officer, Bill Ellis presented the Economic and
Community Development Report.
Ellis advised U.S. shippers are seeing a 20% drop in ocean freight orders and
ocean carriers are canceling as much as 50% of sailings to rebalance vessel
capacity to demand.
New job postings are declining within King County. Inflation is causing
consumer spending to trend down. Total spending is up, but retail, restaurant
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Kent City Council City Council Regular Meeting May 2, 2023
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and hotel revenues are down.
There are commercial real estate concerns caused by the uncertainty in office
and banking markets that are affecting the industrial market. Ellis advised he
expects to see a slowdown in construction.
Ellis reviewed Kent Valley Industrial Statistics and indicated vacancies are
still at a healthy replacement level, he expects rents to go higher as supply
tamps. Bulwarks against macroeconomic trends in industrial area: aerospace
recovery and defense spending.
Seattle is adopting new industrial zoning: Urban Industrial; "Maker and
Creative Industry Zones"; "Curb Self Storage"; New openness to housing;
encourage high employment new light link transit stations.
Tacoma and Fife are closer to more affordable housing for lower wage
warehouse work and more land = larger target for new construction.
Kent Valley is outperforming the region in aerospace, 3PLs and
manufacturing.
Other uncertainties:
Future of medical office and telehealth
Future of electric freight - heavy trucking; diffuse or centralized recharging
stations
Kroger and Albertson merger - Amazon and Indie opening if divest other
stores
Return or fundamental change to the business travel trip/cost cutting
Ellis talked about the upcoming opportunities to utilize ARPA funds for
acceleration services in Kent with local partners, the Kent School District and
the National Development Council.
Ellis closed his report, by indicating it's time to start thinking about future of
Seattle Landfills - Environmental Justice High Priority for Federal Funding;
Kents has a few legacy superfunds in areas highly burdened by air pollution,
public health.
S. REPORTS FROM COUNCIL AND STAFF
A. Mayor Ralph's Report
Mayor Ralph serves on the Puget Sound Regional Council's Executive Board
that recently finalized project tracking strategies relating to federal funding.
May Ralph serves on the Puget Sound Regional Council's Policy Council that
recently discussed the renewal of the Veterans, Seniors, and Human Services
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Kent City Council City Council Regular Meeting May 2, 2023
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levy that will be on the August ballot.
Mayor Ralph advised voters approved the Crisis Care Levy and discussed
partnering with Couth County cities to ensure the process moves forward.
Mayor Ralph talked about the STEM Path Innovation Network that provides
access to STEM learning. Springbrook elementary will be running a summer
STEM program.
B. Chief Administrative Officer's Report
Chief Administrative Officer, Pat Fitzpatrick advised that the City's Human
Resources Director started on May 1st. Fitzpatrick expressed appreciation of
Natalie Winecka for serving as the Interim Human Resources Director.
Fitzpatrick announced the City has onboarded eight new staff members this
month and recruiting has picked-up.
Fitzpatrick indicated his report in today's agenda packet and there is no
executive session tonight.
C. Councilmembers' Reports
Council President Boyce serves as the chair of the City Council Workshop and
provided a recap of the two presentations from today's meeting.
Boyce serves as the chair of the Operations and Public Safety Committee and
provided a recap of today's agenda item.
Councilmember Michaud talked about speaking at the Seattle Southside
Chamber of Commerce 2023 PNW Education and Workforce Summit held at
the accesso ShoWare Center.
Michaud also talked about volunteering at the Earth Day event at Clark Lake
Pa rk.
Finally, Michaud has been appointed as the AWC representative on the
Washington Community Forestry Council. The Program's mission is to provide
leadership to create self-sustaining urban and community forestry programs
that preserve, plant and manage forests and trees for public benefits and
quality of life.
Michaud talked about $1 billion in federal funds available to any
city/organization/non-profit for forestry programs. The grant application
deadline is June 1st
Councilmember Larimer advised she filled-in on the April 20t" Human
Services Commission that received a presentation on the Community
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Kent City Council City Council Regular Meeting May 2, 2023
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Engagement Plan and the related community planning tool that will be used
to gather feedback from diverse stakeholders.
Councilmember Troutner serves on the Regional Transit Committee that
recently discussed the Service Recovery Plan. Metro is currently operating at
90% from pre-pandemic numbers, but only have 50% ridership. The
Committee also received a briefing on Metro's Zero Emissions Fleet Plan.
Troutner serves on the Puget Sound Regional Fire Authority Governance
Board that presented a proclamation for Nurses Week during their April
meeting.
Councilmember Fincher serves on the Arts Commission and talked about the
art exhibit in the Centennial Building.
Councilmember Fincher serves as the chair of the Public Works Committee
and provided an overview of the agenda items from the May 1st meeting
Fincher advised of the May 20t" Fishing Derby event at the Old Fishing Hole.
Volunteers are needed.
6. PUBLIC HEARING
None.
7. PUBLIC COMMENT
None.
8. CONSENT CALENDAR
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Boyce, Council President
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Michaud
A. Approval of Minutes
i. City Council Meeting - City Council Regular Meeting - Apr 18, 2023 7:00
PM
B. 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.
C. Excused Absence for Councilmember Thomas - Approve
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Kent City Council City Council Regular Meeting May 2, 2023
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MOTION: I move to approve an excused absence for
Councilmember Thomas for the City Council meeting of May 2,
2023.
9. OTHER BUSINESS
A. Drug and Alcohol Possession - Ordinance - Adopt
Mayor Ralph provided a brief history of legislation known as the Blake
decision relating to drug possession laws. The current law sunsets on July 1,
2023.
Last year, the City Council passed the first public use law in the state of
Washington.
Mayor talked about the extensive legislative work done during the 2023
legislative session. On April 29, 2023, the vote before the senate failed by 13
votes and on May 1, 2023, the legislative session ended with no fix for Blake.
Mayor Ralph is bringing the ordinance that proposes a solution for the City of
Kent. This is a treatment-forward ordinance with the goal to get people into
treatment. If they don't choose treatment, they are ultimately choosing the
legal path.
Mayor Ralph advised that Kent's proposed ordinance is a roadmap for the
entire state and hopes the legislature takes a look at the City's Ordinance.
City Attorney, Tammy White, provided corrected versions of pages 6 and 9 of
the ordinance. The online version of the agenda packet reflects these
corrections.
White advised this ordinance strikes an appropriate balance between
treatment and accountability and replaces the existing chapter 9.12 of the
Kent City Code and adds in new crimes that are not enforceable under the
state's version.
This Ordinance retains the existing crimes adopted by the Council in
September. Additionally, the crime of minor in possession of alcohol is
includes to ensure minors have access to the programs.
White reviewed the treatment phase and also talked about the creation of a
2-year deferred prosecution program.
To pay for treatment or assessment, the Kent Municipal Court utilizes the
Community Court funds. White advised ARPA funding can be utilized and
there is a potential to also utilize Opioid settlement funds for treatment.
White provided responses to council's questions regarding which crimes could
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Kent City Council City Council Regular Meeting May 2, 2023
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be deferred and the process to enter in deferral programs. Additionally,
White walked the council through the arrest, court, deferral, treatment and
probation process.
White talked about what will happen to Kent's laws if the state passes new
legislation.
Council President spoke in support of the motion and encouraged all
residents to reach out to their 47t" Legislative District legislators.
Councilmember Fincher spoke in support of the ordinance.
Councilmember Larimer spoke in support of the motion and appreciates the
three opportunity to avoid conviction and the accountability piece.
Councilmember Kaur spoke in support of the motion and indicated it's
important to keep in mind constituents concerns and to also support
community members struggling with illness.
Councilmember Troutner spoke in support of the motion and expressed
appreciation of all the work of the Mayor and staff.
Mayor Ralph provided closing remarks and Council President Boyce thanked
the Mayor for her leadership.
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.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bill Boyce, Council President
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Michaud
10. BIDS
None.
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
None.
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12. ADJOURNMENT
Mayor Ralph adjourned the meeting.
Meeting ended at 8:41 p.m.
Ki4 Ley A. Kamoto-
City Clerk
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utilized as a sanction only when an individual fails to comply with their
recommended treatment program or other conditions imposed by the court.
Sec. 9.12.020. Definitions. For purposes of this section, the
following terms or words shall be interpreted as follows:
A. Controlled substance means any controlled substance classified in
Schedule I, II, III, e�IV, or V of Chapter 69.50 RCW, excluding cannabis, as
it now exists or shall hereafter be added to, deleted from, modified, or
amended.
B. Counterfeit controlled substance means a controlled substance that is
falsely labeled so as to appear to have been legitimately manufactured or
distributed.
C. Drug paraphernalia has the same meaning as provided for in RCW
69.50.102, which statute is adopted by this reference, as currently enacted
and hereafter amended or recodified from time to time.
D. Legend drug means any drug which is required by state law or
regulation of the pharmacy quality assurance commission to be dispensed
on prescription only or is restricted to use by practitioners only.
E. Public place means an area generally visible to public view and
includes without limitation any place where the public has a right of access,
which includes without limitation sidewalks, parking lots and parking
garages, streets, alleys, highways, or roads; public buildings and grounds,
including schools, parks, playgrounds, and meeting halls; establishments to
which the public is invited including restaurants, theaters, stores, gas
stations, meeting halls, lobbies, halls and dining rooms of hotels, bars,
taverns, pubs, or establishments where beer or soft drinks may be sold, and
6 Amend KCC 9.12 -
Re: Drug and Alcohol Possession
I
i
Sec. 9.12.060. Possession of drug paraphernalia. It is unlawful
for any person to knowingly possess drug paraphernalia, other than that
drug paraphernalia associated with the lawful possession and use of
cannabis. A violation of this section is punishable as a misdemeanor.
Sec. 9.12.070. Minor in possession of alcohol. It is unlawful for
any person under the age of twenty-one years to knowingly possess,
consume, or otherwise acquire any liquor, in violation of KCC 9.02.490 and
RCW 66.44.270, which-.A•°elatien-ef this subseetien -ispunishable as a
gross misdemeanor.
Sec. 9.12.080. Unlawful deposit of dangerous drugs and drug
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
controlled substance, counterfeit controlled substance, or legend drug, or
any drug paraphernalia. A violation of this section is punishable as a
misdemeanor.
Sec. 9.12.090. Alternative deferred prosecution program. In
lieu of the process provided for under Ch. 10.05 RCW, an individual charged
with a crime under this chapter may petition the court to have that charge
considered under the alternative deferred prosecution program provided for
by this section.
A. Petition—Eligibility. An individual charged with a crime under this
chapter may petition the court to be considered for this alternative deferred
prosecution program. The petition may include, upon agreement of the
parties, multiple charges that are pending at the time the petition is filed,
which may be consolidated into a single program. However, this alternative
deferred prosecution program is not available for any offense under Title 46
9 Amend KCC 9.12 -
Re: Drug and Alcohol Possession