HomeMy WebLinkAboutCity Council Committees - Committee of the Whole - 11/05/2024 (2) KENT CITY COUNCIL
• COMMITTEE OF THE WHOLE
KENT Tuesday, November 5, 2024
W A S H IN G T O N
4:00 PM
Chambers
A live broadcast is available on Kent TV21,
www.facebook.com/CitvofKent, and
www.youtube.com/user/KentTV21
To listen to this meeting, dial
253-215-8782 or 253-205-0468
Enter Meeting ID: 87459075269
Join the meeting
Mayor Dana Ralph
Council President Satwinder Kaur
Councilmember Bill Boyce Councilmember Marli Larimer
Councilmember John Boyd Councilmember Zandria Michaud
Councilmember Brenda Fincher Councilmember Toni Troutner
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Item Description Action Speaker Time
1. CALL TO ORDER
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. DEPARTMENT PRESENTATIONS
Operations-Council President Kaur, Subject Matter Chair
A. Approval of Minutes YES
i. Committee of the Whole - Committee of the Whole - Regular Meeting - Oct
15, 2024 4:00 PM
B. Payment of Bills - Approve YES Paula Painter 01 MIN.
C. Consolidating Budget YES Michelle Ferguson 10 MIN.
Adjustments between July 1,
2024, and September 30, 2024 -
Ordinance - Adopt
D. Ordinance Amending KCC YES Paula Painter 05 MIN.
Committee of the Whole Committee of the Whole - November 5, 2024
Regular Meeting
3.28.050 - B&O Tax
Manufacturing Gross Receipts
Rate Change and Retailing Gross
Receipts Maximum Change -
Adopt
E. Property Tax Levy Ordinance - YES Paula Painter 05 MIN.
Adopt
F. Ordinance Adopting the 2025- YES Paula Painter 05 MIN.
2026 Biennial Budget - Adopt
Economic and Community Development-Council member Larimer, Subject
Matter Chair
G. INFO ONLY: Upcoming NO Kristen Holdsworth 10 MIN.
Ordinances related to the
Comprehensive Plan Update
H. Exemption from Permit Fee YES Matt Gilbert 05 MIN.
Refund Penalties - Resolution -
Adopt
Public Safety-Councilmember Boyce, Subject Matter Chair
I. Washington Traffic Safety YES Sara Wood 05 MIN.
Commission Interagency
Agreement for the 2024-2025
Corridor Traffic Safety Project -
Authorize
J. Ordinance - Repealing and YES Christina Schuck 10 MIN.
Replacing Section 9.02.710
Relating to Exclusion of Illegal
Activity in Public Facilities - Adopt
K. Ordinance Amending Chapter YES Christina Schuck 10 MIN.
8.09 KCC - Camping on Public
Property - Adopt
Public Works-Councilmember Fincher, Subject Matter Chair
L. Easement to Puget Sound Energy YES Cheryl Rolcik-Wilcox 05 MIN.
at the Kent East Hill Operations
Center (KEHOC) - Authorize
S. ADJOURNMENT
Unless otherwise noted, Council will hold Committee of the Whole at 4 p.m. on the first and third Tuesday of
each month.
Committee of the Whole Committee of the Whole - November 5, 2024
Regular Meeting
Public Comment may be submitted in writing to the City Clerk at the meeting,which will be distributed to
each councilmember and admitted into the record, but will not be read aloud at the meeting. In order to
be admitted into the record,written comments shall be submitted not less than three hours prior to the start
of the Committee of the Whole meeting to Cityclerk@kentwa.gov, unless a person appears in-person,in
which case,the written comments will be handed to the City Clerk and will be admitted into the record of
the Committee of the Whole meeting.
For additional information, please contact Kimberley A. Komoto, City Clerk at 253-856-5725,or
email CityClerk@kentwa.gov.
Any person requiring a disability accommodation should contact the City Clerk at 253-856-5725 in advance
of the meeting. For TDD relay service, call Washington Telecommunications Relay Services at 7-1-1.
4.A.1
Pending Approval
Kent City Council - Committee
• of the Whole
KENT Committee of the Whole -
WAS M IN G 7 0 N
Regular Meeting
Minutes
October 15, 2024
Date: October 15, 2024
Time: 4:00 p.m.
Place: Chambers
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1. CALL TO ORDER
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Council President Kaur called the meeting to order. o
2. ROLL CALL °
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Attendee Name Title Status Arrived a
Satwinder Kaur Council President Present
Bill Boyce Councilmember Present a
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John Boyd Councilmember Present
Brenda Fincher Councilmember Present N
Marli Larimer Councilmember Excused N
Zandria Michaud Councilmember Present
Toni Troutner Councilmember Present
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3. AGENDA APPROVAL
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A. I move to approve the agenda as presented.
ER SULT: MOTION PASSES [UNANIMOUS]
MOVER: Bill Boyce, Councilmember
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SECONDER: John Boyd, Councilmember
AYES: Kaur, Boyce, Boyd, Fincher, Michaud, Troutner a
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4. DEPARTMENT PRESENTATIONS
1. Approval of Minutes YES
i. Committee of the Whole - Committee of the Whole - Regular Meeting - Oct
1, 2024 4:00 PM
Packet Pg. 4
4.A.1
Kent City Council - Committee of the Whole October 15, 2024
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Boyce, Councilmember
SECONDER: John Boyd, Councilmember
AYES: Kaur, Boyce, Boyd, Fincher, Michaud, Troutner
2. Payment of Bills - Approve
MOTION: I move to approve the payment of bills.
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RESULT: MOTION PASSES [UNANIMOUS] Next: 11/5/2024 5:00 PM
MOVER: Bill Boyce, Councilmember
SECONDER: John Boyd, Councilmember c
AYES: Kaur, Boyce, Boyd, Fincher, Michaud, Troutner c
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3. Write-offs of Uncollectable Accounts - Authorize a
Customer Service Manager, Molly Bartlemay presented details on the Write- a
offs of Uncollectable Accounts. o
MOTION: I move to authorize the Mayor to write-off
uncollectable accounts owed to the City in the amount of o
$74,232.26, subject to final approval of the Finance Director.
RESULT: MOTION PASSES [UNANIMOUS] Next: 11/5/2024 5:00 PM o
MOVER: Satwinder Kaur, Council President o
SECONDER: Bill Boyce, Councilmember a
AYES: Kaur, Boyce, Boyd, Fincher, Michaud, Troutner c
4. INFO ONLY: August 2024 Financial Report
Financial Planning Manager, Michelle Ferguson presented details on the �.
August 2024 Financial Report and indicated sales tax revenues through
August are $225K lower than 2023, but coming in above budget. Q
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Utility tax revenues in 2024 are higher than 2023 and higher than budget.
Criminal Justice revenues continue to increase.
Ferguson explained the debt service payments and advised that insurance
revenues are coming in over budget due to interest income, but property
insurance revenues are expected to come in lower than expected.
5. Agreement with Dynamic Language Center, LTD for ARPA-
Funded Document Translation Services - Authorize
Race and Equity Coordinator, Maria Tizoc talked about the Language Access
Plan and the agreement with Dynamic Languages for the translation of
vital documents.
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Page 2 of 4 Packet Pg. 5
4.A.1
Kent City Council - Committee of the Whole October 15, 2024
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
Tizoc provided an overview of the Sharepoint site and talked about the
tools the City is utilizing for translation services.
Tizoc advised the language data to determine top languages included:
• County Health Department
• Kent School District
• American Community Survey
• Internal Language Line data
Tizoc reviewed the language line data that has been gathered to date.
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Next steps include the:
• Translation of vital documents 0
• Internal data collection a
• Continued staff training
• Public dissemination a
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MOTION: I move to authorize the Mayor to sign an agreement
with Dynamic Language Center, LTD for document translation N
services, subject to final terms acceptable to the Chief N
Administrative Officer and City Attorney.
RESULT: MOTION PASSES [UNANIMOUS] Next: 11/5/2024 5:00 PM o
MOVER: Satwinder Kaur, Council President 0
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SECONDER: Bill Boyce, Councilmember 2
AYES: Kaur, Boyce, Boyd, Fincher, Michaud, Troutner
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6. Cooperative Purchasing Agreement - Angel Armor, LLC -
Authorize Q
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Commander Matt Wheeler presented details on the Agreement with Angel Q
Armor for ballistic vests.
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MOTION: I move to authorize the Police Chief to purchase law
enforcement equipment through a cooperative purchasing
agreement the state Department of Enterprise Services has
with Angel Armor, LLC, if those purchases are within the City's
established budgets and made during the term of the
cooperative contract, including any authorized extensions.
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Page 3 of 4 Packet Pg. 6
4.A.1
Kent City Council - Committee of the Whole October 15, 2024
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
RESULT: MOTION PASSES [UNANIMOUS] Next: 11/5/2024 5:00 PM
MOVER: Bill Boyce, Councilmember
SECONDER: John Boyd, Councilmember
AYES: Kaur, Boyce, Boyd, Fincher, Michaud, Troutner
7. INFO ONLY: 2025 King County Flood Control District Sub-
Regional Opportunity Grant
Melissa Dahl provided details on the 2025 King County Flood Control District
Sub-Regional Opportunity Fund.
Staff proposes to use these funds to support two projects: the Woodford c
Avenue North Storm Connection project and the Mill Creek Little Property
Floodplain Reconnection project. Both projects will reduce flood risk in their o
surrounding areas. a
The Woodford project is stormwater focused and will add a new connection a
directly to the James Street Stormwater Pump Station. This will reduce flood o
risk along Woodford Avenue N north of James Street. The Mill Creek Little
Property project provides both habitat restoration and flood risk reduction. N
North of James Street, Mill Creek will be moved to the east, away from N
homes along Woodford Avenue North. This project also restores critical r
salmon habitat along Mill Creek. The project is currently in the design and
permitting phase. o
Dahl provided details on how the Opportunity Funds are allocated.
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S. ADJOURNMENT ai
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Council President Kaur adjourned the meeting. Q
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Meeting ended at 4:44 p.m. y
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K�*n ley A- Kam otc-
City Clerk
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Page 4 of 4 Packet Pg. 7
4.B
FINANCE DEPARTMENT
Paula Painter, CPA
220 Fourth Avenue South
\117KENT Kent, WA 98032
WASHINGTON 253-856-5264
DATE: November 5, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Payment of Bills - Approve
MOTION: I move to approve the payment of bills.
SUMMARY:
BUDGET IMPACT:
Packet Pg. 8
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FINANCE DEPARTMENT
Paula Painter, CPA
220 Fourth Avenue South
\117KENT Kent, WA 98032
W A S ENT
N G T O N 253-856-5264
DATE: November 5, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Consolidating Budget Adjustments between July 1, 2024, and
September 30, 2024 — Ordinance - Adopt
MOTION: I move to adopt Ordinance No. 4502, consolidating budget
adjustments made between July 1, 2024, and September 30, 2024,
reflecting an overall budget increase of $28,979,300.
SUMMARY: Authorization is requested to approve the technical gross budget
adjustment ordinance reflecting an overall budget increase of $28,979,300.
Adjustments totaling $28,979,300 have previously been approved by Council and
are summarized as follows:
$28,979,300 in grants as follows:
$20,600,000 WSDOT grant for 224t" Corridor Completion, including street
improvements ($19.96 million) and drainage improvements ($638k).
$4,484,300 WSDOT grant for Meeker Street Bridge painting and deck
repairs.
$1,807,000 WSDOT grant for the Meeker Street/Kent Elementary
pedestrian and bicycle safety program.
$1,400,000 WSDOT grant for the East Valley Highway Preservation project.
$471,600 TIB grant for 132nd Avenue SE pavement preservation.
$300,000 RCO grant for the Lower Russell Levee Setback-Habitat A project.
$217,120 in Criminal Justice grants including an AWC grant for Project Be
Free ($205k) and HIDTA Prevention Initiative Grant ($18k), offset by the
true up of a WTSC grant for manager overtime (-$6k).
$77,700 TIB grant for Rapid Rectangular Flashing Beacon (RRFB)
Crossings.
$60,000 Department of Ecology grant for litter cleanup on highway ramps.
$60,000 KC Water Quality Monitoring grant for Lake Meridian and Lake
Fenwick.
$(498,420) to correct a prior KCFCD grant true up for unspent funds
($249k) that was debited instead of credited in a prior quarter.
Packet Pg. 9
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The remaining adjustments have not been previously approved by Council, but
have a net zero impact Citywide as follows:
Reallocate Miscellaneous Street Funding to Street capital projects ($395k).
Reallocate 240th Hogan Park Drainage project to Miscellaneous Drainage
($116k).
BUDGET IMPACT: These expenditures are funded by grants, existing fund
balance, or other new revenues.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Budget Adjustment Ord Q3 2024 (PDF)
Packet Pg. 10
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ORDINANCE NO. 4502Cn
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AN ORDINANCE of the City Council of the C"
City of Kent, Washington, approving the
consolidating budget adjustments made between
July 1, 2024 and September 30, 2024, reflecting an
overall budget increase of $28,979,300.
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RECITALS E
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A. Expenditures as classified in the final, adopted budget Q
constitute the City's appropriations for that year. After adoption, there are
a variety of events that will precipitate the need to amend the adopted m
budget, such as grant awards, bonds issuance, collective bargaining
agreements, and additional budget requests. These modifications are o
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periodically consolidated into a supplemental budget adjustment ordinance 0
amending the original adopted budget. M
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, N
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WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: M
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ORDINANCE O
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SECTION 1. - Budget Adjustments. The 2023-2024 biennial budget E
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is amended to include budget fund adjustments for the third quarter of 2024 .21
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from July 1 to September 30, 2024, as summarized and set forth in Exhibit aD
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A, which is attached and incorporated into this ordinance. Except as m
amended by this ordinance, all terms and provisions of the 2023-2024
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1 2023-2024 Budget Adjustment
Third Quarter 2024 r
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biennial budget Ordinance No. 4451, as amended by Ordinance Nos. 4465, 1
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4472, 4475, 4479, 4481, 4492 and 4497, shall remain unchanged. N
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SECTION 2. - Severability. If any one or more section, subsection, �
or sentence of this ordinance is held to be unconstitutional or invalid, such
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decision shall not affect the validity of the remaining portion of this ordinance cn
and the same shall remain in full force and effect.
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SECTION 3. - Corrections by City Clerk or Code Reviser. Upon `"
approval of the City Attorney, the City Clerk and the Code Reviser are 3
authorized to make necessary corrections to this ordinance, including the
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correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations. r
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SECTION 4. - Effective Date. This ordinance shall take effect and be 0
in force five days after publication, as provided by law. Q
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November 19, 2024 =
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DANA RALPH, MAYOR Date Approved
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ATTEST: o
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November 19, 2024
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted N
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November 22, 2024 M
Date Published
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APPROVED AS TO FORM: E
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TAMMY WHITE, CITY ATTORNEY
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2 2023-2024 Budget Adjustment
Third Quarter 2024 r
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Exhibit A CD
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City of Kent M
Budget Adjustment Ordinance a�
Adjustments July 1, 2024 to September 30, 2024 E
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Previously Approval
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Fund Title Adjustment Cl)
Approved requested
Ordinance �
Street Fund 60,000 (395,000) (335,000) cC
Criminal Justice Fund 217,120 - 217,120 N
Street Capital Projects Fund 28,202,240 279,000 28,481,240 N
Drainage Operating Fund 499,940 116,000 615,940 -
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Total 28,979,3D0 - 28,979,3D0
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3 2023-2024 Budget Adjustment
Third Quarter 2024
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Budget Adjustment Detail for Budget Changes N
July 1, 2024 to September 30, 2024 O
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Approval Previously Not Previously Total O
Date or Approved by Approved by Adjustment M
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Other Fund Council Council Ordinance y
Street Fund E
Reallocation of Miscellaneous Street Funding to Capital Projects 3100 (395,000) (395,000) r
Departmentof EcniDgy Grant KCC 3.7 60,000 60,000 Q.
Total Street Fund 60,000 (395,000] (335,000) d
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Criminal Justice Fund
AWC Project Be Free Grant 8J2012024 205,000 205,000
Adjust WTSC Giant-Manager OT KCC 3.7 (6,000) (6,000)
HIDTA Prevention Intitiative Grant KCC 3.7 18,120 18,1--0 N
Total Criminal Justice Fund 217,120 - 217,120 O
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Street Capital projects Fund
WS60T Grant for224th Corridor 7/1812023 19,961,640 19,961,640 >%
WSDOTGrant for Meeker Street Bridge 8/17/2023 4,484,300 4,484,300 j
WSDOT Grant foa-Meeker Street-Kent Elementary 7/1812023 1,807,000 1,607,000 7
WSDOT Grant for East Valley Highway 2/2112023 1,400,000 4400,000 C
Reallocation of Miscellaneous Street Funding to Capital Projects 1100 395,000 395,000
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TIB Grant for Pavement Preservation-132nd Avenue SE 412IZo24 471,600 471,600 3
Reallocate 240th Hogan Park Drainage to Miscellaneous❑coinage 4400 (116,000) (116,000)
TIB Grant for for RRFB Grossing 12/121ZD23 -7,700 77,700
Total Street Capital Projects Fund 28,202,240 279,000 28,481,240 N
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Drainage Operating Fund y
WSDOT Grant for 224th Corridor 7/18/2023 638,360 633,360 E
RC0 Grant for Lower Russell Levee KOC 3.7 300,000 300,000
Reallocate 240th Hogan Paris Drainage to Miscellaneous Drainage 31oo 116,000 116,000
KC Water Quality Grant-Lake Meidian/Fenwick 512/2024 60,000 60,000
True Up KCFCO Grant far unspent funds 2/26/2024 (499,420) (498,420) Q
Total Drainage Operating Fund 499,940 116,000 615,940 ++
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Grand Total All Funds 28,979,300 - 28,979,300 �
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Third Quarter 2024
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4.D
FINANCE DEPARTMENT
Paula Painter, CPA
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5264
DATE: November 5, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Ordinance Amending KCC 3.28.050 — B&O Tax Manufacturing
Gross Receipts Rate Change and Retailing Gross Receipts
Maximum Change - Adopt
MOTION: I move to adopt Ordinance No. 4503, amending Kent City Code
section 3.28.050, related to business and occupation taxes, to increase the
manufacturing gross receipts tax rate and adjust the retailing gross
receipts maximum.
SUMMARY: Currently, the City's business and occupation tax (B&O Tax) within
chapter 3.28 of the Kent City Code provides a maximum cap of $20 Million per
calendar year, against which the gross receipt tax may be levied against retailers.
This maximum cap applies equally to small local retailers as it does to large
nationwide chain retailers, regardless of the overall gross receipts they may earn
from doing business within the City of Kent. Through this ordinance, and effective
January 1, 2025, an upper threshold of $100 Million will be added. With this new
upper threshold in place, a business with taxable retailing gross receipts in the
amount of $100 Million or more in a calendar year will pay retailing gross receipts
tax on the entire amount of their taxable retailing gross receipts. However, a
business that makes less than $100 Million will pay retailing gross receipts tax only
on their taxable retailing gross receipts up to $20 Million.
Beginning January 1, 2026, and on January 1 of each calendar year thereafter, the
$20 Million retailing maximum cap along with the $100 Million upper threshold will
be adjusted upward annually based on the Consumer Price Index (CPI), specifically
for Seattle-Tacoma-Bellevue, measured from June 1st through June 1st of the
previous calendar year if the CPI reflects an upward adjustment from the previous
annual June to June period.
This ordinance also increases the B&O tax rate for gross receipts for the
manufacturing classification from 0.001 to 0.00125, effective January 1, 2025.
BUDGET IMPACT: It will increase B&O Tax revenue by approximately $1,145,000
annually. Changes in the retailing gross receipts tax will generate an estimated
$300,000 while the increase in the manufacturing gross receipts rate will generate
about $845,000.
Packet Pg. 15
4.D
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Rate Increase Ordinance - KCC 3.28.050 (PDF)
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ORDINANCE NO. 4503
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AN ORDINANCE of the City Council of the
City of Kent, Washington, relating to Business and M
Occupation Tax, which amends section 3.28.050 of o
the Kent City Code, entitled "Imposition of the tax", Ca
to increase the gross receipts tax levied upon
manufacturers effective January 1, 2025, and o
removes the gross receipts maximum cap on N
retailing once a retailer has attained $100,000,000 M
or more in retailing gross receipts during any given U
calendar year. Y
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RECITALS a
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A. Currently, the City's business and occupation tax provides a c
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maximum cap of $20 Million per calendar year against which the gross o
receipts tax may be levied against retailers. This maximum cap applies cm
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equally to small local retailers as it does to large nationwide chain retailers,
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regardless of the overall gross receipts they may earn from doing business o
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within the City of Kent. Through this ordinance, and effective January 1, M
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2025, an upper threshold of $100 Million will be added. With this new upper Y
threshold in place, a business with taxable retailing gross receipts in the
amount of $100 Million or more per calendar year will pay retailing gross c
receipts tax on the entire amount of their taxable retailing gross receipts. o
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B. Beginning January 1, 2026, and on the first day of each
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calendar year thereafter, both the $20 Million retailing maximum cap and U
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1 Amend KCC 3.28.050 - r
Re: Rate Increase
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the $100 Million upper threshold will be adjusted by the Consumer Price
Index (CPI), specifically the CPI Seattle-Tacoma-Bellevue, measured from
June 1st through June 1st of the previous calendar year, if the CPI reflects
an upward adjustment from the previous annual June to June period. o
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C. This ordinance also increases the manufacturing gross receipts
tax rate from 0.001 to 0.00125, effective January 1, 2025.
D. This ordinance amends Section 3.28.050 of the Kent City Code 3
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to implement these changes.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, 0
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WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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ORDINANCE M
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SECTION 1. - Amendment - KCC 3.28.050. Section 3.28.050 of the =
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Kent City Code, entitled "Imposition of the tax", is hereby amended as
follows: a
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Sec. 3.28.050. Imposition of the tax. Except as provided in
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subsections (C) and D of this section, there is hereby levied upon and shall
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be collected from every person a tax for the act or privilege of engaging in
business activities within the city, whether the person's office or place of o
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business be within or without the city. The gross receipts tax and square N
footage tax are separate business and occupation taxes imposed by this U
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chapter. The amount for the gross receipts tax shall be determined by Y
application of rates against the gross proceeds of sale, gross income of
business, or value of products, including byproducts as described in
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subsection (A) of this section. The amount for the square footage tax shall
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be determined by application of rates against the square footage of the L
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business space within the city as described in subsection (B) of this section.
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2 Amend KCC 3.28.050 - r
Re: Rate Increase
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The amount of tax due to the city shall be the larger of the amounts
calculated under each tax, as measured for each tax reporting period.
A. Gross receipts tax. N
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1. Upon every person engaging within the city in business as an c�
extractor; as to such persons the amount of the tax with respect to such
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business shall be equal to the value of the products, including byproducts,
extracted within the city for sale or for commercial or industrial use,
multiplied by the rate of 0.00152 through December 31, 2021, and X
multiplied by the rate of 0.002 effective January 1, 2022. The measure of 0
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the tax is the value of the products, including byproducts, so extracted, 0°
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regardless of the place of sale or the fact that deliveries may be made to 0
points outside the city. N
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2. Upon every person engaging within the city in business as a
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manufacturer, as to such persons, the amount of the tax with respect to
such business shall be equal to the value of the products, including
byproducts, manufactured within the city, multiplied by the rate of 0.00046 a
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through December 31, 2021, and multiplied by the rate of 0.001 effective
January 1, 2022 through December 31, 2024, and multiplied by the rate of
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0.00125 effective January 1, 2025. The measure of the tax is the value of
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the products, including byproducts, so manufactured, regardless of the place T"
of sale or the fact that deliveries may be made to points outside the city. o
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3. Upon every person engaging within the city in the business of N
making sales at wholesale, as to such persons, the amount of tax with U
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respect to such business shall be equal to the gross proceeds of such sales Y
of the business without regard to the place of delivery of articles,
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December 31, 2019, and multiplied by the rate of 0.002 effective January 0
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4. Upon every person engaging within the city in the business of
making sales at retail, as to such persons, the amount of tax with respect
to such business shall be equal to the gross proceeds of such sales of the
business, without regard to the place of delivery of articles, commodities, or o
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merchandise sold, multiplied by the rate of 0.00046 through December 31,
2021, and multiplied by the rate of 0.001 effective January 1, 2022.
5. Upon every person engaging within the city in the business of -
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(a) printing, (b) both printing and publishing newspapers, magazines,
periodicals, books, music, and other printed items, (c) publishing M
newspapers, magazines, and periodicals, (d) extracting for hire, and (e) Ca
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processing for hire; as to such persons, the amount of tax on such business
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shall be equal to the gross income of the business multiplied by the rate of o
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0.00046 through December 31, 2021, and multiplied by the rate of 0.001 M
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effective January 1, 2022. Y
6. Upon every person engaging within the city in the business of =
making sales of retail services; as to such persons, the amount of tax with
respect to such business shall be equal to the gross proceeds of sales
multiplied by the rate of 0.00152 through December 31, 2021, and
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multiplied by the rate of 0.002 effective January 1, 2022.
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7. Upon every other person engaging within the city in any N
business activity other than or in addition to those enumerated in the above
subsections; as to such persons, the amount of tax on account of such o
activities shall be equal to the gross income of the business multiplied by Cl
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the rate of 0.00152 through December 31, 2021, and multiplied by the rate U
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of 0.002 effective January 1, 2022. This subsection includes, among others,
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and without limiting the scope hereof (whether or not title to material used
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in the performance of such business passes to another by accession, merger,
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or other than by outright sale), persons engaged in the business of y
developing or producing custom software or of customizing canned software, U
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producing royalties or commissions, and persons engaged in the business of
4 Amend KCC 3.28.050 - r
Re: Rate Increase
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Packet Pg. 20
4.D.a
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rendering any type of service which does not constitute a sale at retail, a
sale at wholesale, or a retail service.
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B. Square footage tax. Upon every person who leases, owns, occupies, N
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or otherwise maintains an office, warehouse, outdoor warehouse, or other c�
place of business within the city for purposes of engaging in business
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activities in the city, the tax shall be measured by the number of square feet
of business warehouse floor space, outdoor warehouse space, or other C
business floor space for each office, warehouse, outdoor warehouse, or other X
place of business leased, owned, occupied, or otherwise maintained within 0
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the city during the reporting period, calculated to the nearest square foot. 0°
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1. The amount of the tax due shall be equal to the sum of the o
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number of square feet of business warehouse floor space and outdoor N
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warehouse space for each business warehouse or outdoor warehouse leased, L)
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owned, occupied, or otherwise maintained within the city multiplied by the
rate for each calendar year listed below, and the number of square feet of
other business floor space for each office or other place of business leased, a
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owned, occupied, or otherwise maintained within the city multiplied by the
rate for each calendar year listed below.
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2. For purposes of this section, business warehouse means a CM
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building or structure, or any part thereof, in which goods, wares,
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merchandise, or commodities are received or stored, whether or not for o
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compensation, in furtherance of engaging in business. The storage units of N
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self-storage businesses are not business warehouses. L)
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3. For purposes of this section, outdoor warehouse means an area
that is outdoors and is primarily used for the transloading of goods, wares,
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merchandise, or commodities on property for purposes of switching modes o
or vehicles of conveyance for the primary purpose of wholesaling, y
distributing, or reorganizing goods, wares, merchandise, or commodities en U
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route to final destinations of sale or other transaction. Transloading
6 Amend KCC 3.28.050 - r
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Packet Pg. 22
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generally involves the transfer of goods from one mode of transportation to
another en route to an ultimate destination and, for purposes of the square
footage tax, includes areas used for crossdocking, waylaying, temporary
embarkment, and other similar activities. o
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4. For purposes of this section, other business floor space means
the floor space of an office or place of business, other than a business
warehouse or outdoor warehouse. 3
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5. For purposes of this section, the square footage of a business
warehouse and other business floor space shall be computed by measuring M
to the inside finish of permanent outer building walls and shall include space Ca
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used by columns and projections necessary to the building. Square footage
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shall not include stairs, elevator shafts, flues, pipe shafts, vertical ducts, o
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heating or ventilation shafts, janitor closets, and electrical or utility closets. M
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6. For purposes of this section, the square footage of an outdoor Y
warehouse shall only include those areas used for the receipt or storage of =
goods, wares, merchandise, or commodities that are being received and
temporarily stored for transloading, whether or not for compensation, in a
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furtherance of engaging in business. Such areas will typically include those
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areas where goods, wares, merchandise, and commodities, in transit to their o
ultimate destination, are parked, packaged, or stored after transloading, N
waylaying, or crossdocking. Square footage shall not include areas used only
for employee, customer, or visitor parking, dock high loading areas used o
primarily for a business warehouse, buildings, areas used only for direct N
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sales or rentals to consumers, landscaped areas, stormwater facilities, U
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maneuvering areas and drive aisles, areas used only for garbage or recycling
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pickup, rights-of-way, or other areas clearly not used for the temporary Ca
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storage of goods, wares, merchandise, and commodities in transit. Outdoor a
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areas used for storage of agricultural products or for ancillary storage of y
materials utilized in, or products resulting from, onsite manufacturing U
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operations are not considered outdoor warehouses.
7 Amend KCC 3.28.050 - r
Re: Rate Increase
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Packet Pg. 23
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7. Persons with more than one office, business warehouse,
outdoor warehouse, or other place of business within the city must include
all business warehouse floor space, outdoor warehouse space, and other
business floor space for all locations within the city. Except in the case of o
L
self-storage units, when a person rents space to another person, the person
occupying the rental space is responsible for the square footage business
tax on that rental space only if the space is used by the renter for purposes 3
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of engaging in business activities and the renter has exclusive right of
possession in the space as against the landlord. Space rented as self-storage M
units shall be included in the other business floor space of the person that Ca
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operates the self-storage business. Space rented for the storage of goods in
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a warehouse or outdoor warehouse where no walls or other barriers separate o
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the goods, and where the exclusive right of possession in the space is not M
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held by the person to whom the space is rented, shall be included in the Y
business warehouse floor space of the person that operates the business =
warehouse, and not by the person renting the warehouse space.
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C. Gross receipts and square footage threshold.
1. Gross receipts threshold. The gross receipts tax imposed in
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subsection (A) of this section shall not apply to any person engaging in any
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one or more business activities which are otherwise taxable pursuant to this
section, whose value of products, including byproducts, gross proceeds of o
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sales, and gross income of the business, as the case may be, from all 00
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activities conducted within the city during any calendar year does not exceed U
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the threshold amount of $250,000. Y
2. Square footage threshold. The square footage tax on business
warehouse floor space and other business floor space imposed in subsection C
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(B) of this section shall not apply to any person unless that person's total 0
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area of business warehouse space and other business floor space within the L
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city exceeds one of the following thresholds:
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8 Amend KCC 3.28.050 - r
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Packet Pg. 24
4.D.a
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a. Four thousand taxable square feet of business
warehouse space; or
b. Twelve thousand taxable square feet of other business
floor space. o
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If the square footage tax applies to business warehouse floor space or other
business floor space, it applies to all business warehouse space and other
business floor space leased, owned, occupied, or otherwise maintained by C
the taxpayer during the applicable reporting period. X
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The square footage tax on outdoor warehouse space imposed in subsection Ca
(6) of this section shall not apply to any person unless that person's total
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area of outdoor warehouse space within the city exceeds 261,360 taxable N
square feet (six acres) of outdoor warehouse space. If the square footage U
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tax applies to outdoor warehouse space, it applies to all outdoor warehouse Y
space leased, owned, occupied, or otherwise maintained by the taxpayer
during the applicable reporting period. E
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D. Gross receipts maximum - Retailing .,yes. Effeeti
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The gross receipts tax imposed on retailing in subsection (A) of this o
section shall not apply to Fetailing aetivities emeeeding $29,900,000N
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following: o
1. For calendar years 2022 through 2024, retailing exceeding N
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$20,000,000 in any calendar year which is otherwise taxable pursuant to L)
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this section.
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2. For calendar year 2025, retailing that exceeds $20,000,000,
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but is less than $100,000,000 in any calendar year which is otherwise
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taxable pursuant to this section. However, for retailing that equals or y
exceeds $100,000,000 in a calendar year, the gross receipts tax provided U
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for in subsection (A) of this section shall apply to all gross receipts.
9 Amend KCC 3.28.050 - r
Re: Rate Increase
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3. Beginning with the calendar year 2026, and each calendar year
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thereafter, the dollar amounts provided for in subsection (D)(2) of this •2
section will be adjusted upward annually by the percentage change in the W
Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI- o
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W) as published by the Bureau of Labor Statistics for the Seattle-Tacoma-
Bellevue area, measured from the previous annual June to June period. The
adjusted dollar amounts will be rounded to the nearest $1,000. Cu
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E. Rules. The director may adopt rules and regulations
regarding the manner, means, and method of calculating any tax imposed 06
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under this section.
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SECTION 2. - Severability. If any one or more section, subsection, M
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or sentence of this ordinance is held to be unconstitutional or invalid, such Y
decision shall not affect the validity of the remaining portion of this ordinance =
and the same shall remain in full force and effect. a
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SECTION 3. - Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
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authorized to make necessary corrections to this ordinance, including the
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correction of clerical errors; ordinance, section, or subsection numbering; or T"
references to other local, state, or federal laws, codes, rules, or regulations. o
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SECTION 4. - Effective Date. This ordinance shall take effect and be M
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in force thirty days from the time of final passage, as provided by law. Y
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November 19, 2024 0
DANA RALPH, MAYOR Date Approved y
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10 Amend KCC 3.28.050 -
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ATTEST:
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November 19, 2024
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted N
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November 22, 2024
Date Published
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APPROVED AS TO FORM:
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Packet Pg. 27
4.E
FINANCE DEPARTMENT
Paula Painter, CPA
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5264
DATE: November 5, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Property Tax Levy Ordinance — Adopt
MOTION: : I move to adopt Ordinance No. 4510, approving the property tax
levy for the 2025 budget.
SUMMARY: State law limits the amount by which the property tax levy may
increase from year-to-year. This limit is set at last year's property tax levy, plus 1%
or plus the cost of inflation, whichever amount is less. Inflation for purposes of
calculating the property tax levy is determined by the implicit price deflator for
personal consumption expenditures of the United States published by the Bureau of
Economic Analysis of the federal Department of Commerce ("IPD").
The IPD rate for property taxes due in 2025 is 2.57%. Because this inflation rate
exceeds 1%, this ordinance levies a property tax increase of 1.0% as capped by
state law over the previous year's levy.
BUDGET IMPACT: Increase of $347k to the adopted 2025 Property Tax budget for
a total budget of $35,518,129.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Property Tax Levy-2025 (PDF)
Packet Pg. 28
4.E.a
ORDINANCE No. 4510
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AN ORDINANCE of the City Council of the
City of Kent, Washington, levying 2025 property
taxes for the first year of the 2025-2026 biennial
budget for the City of Kent.
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RECITALS
A. Pursuant to RCW 84.55.120 and after providing all appropriate a
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notice, the City Council held public hearings on October 1, 2024, and a.
October 15, 2024, to consider the City of Kent's proposed operating and LO
capital biennial budget for the 2025 and 2026 calendar years, to address
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the City's property tax levy to be imposed in 2024 for collection in 2025, N
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and to review revenues and limit factors. a
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B. In accordance with RCW 84.55.120, any increase in property X
tax revenue other than that resulting from the addition of new construction
and improvements to property; newly constructed wind turbines, solar, bio c
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mass, and geothermal facilities; annexations; and any increase in the value a
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of state-assessed property and the refund fund levy, requires the adoption
of an ordinance or resolution specifically authorizing the increase in terms
of both dollars and percentage. Q
C. The property tax levy is limited by state law to increase each
year by no more than one percent or the cost of inflation, whichever is less.
The cost of inflation for purposes of the 2025 property tax levy is 2.57%.
1 Property Tax Levied (1%)
2025 Budget Ordinance
Packet Pg. 29
4.E.a
Therefore, the 2025 property tax levy may increase by no more than 1%
over last year's levy.
C. Pursuant to RCW 84.52.010 and WAC 458-19-020, taxes shall
be levied in specific dollar amounts.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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ORDINANCE a
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SECTION 1. - Recitals Incorporated. The foregoing recitals are
incorporated into this ordinance. o
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SECTION 2. - Property Tax Levied. There is hereby levied against J
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the assessed value of the property in the City of Kent, Washington, a tax to >
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be collected during the first year of the City's 2025-2026 biennial budget in a
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the following amount for the General Fund and the Capital Resources Fund, a
for the purpose of paying the general expenses of municipal government: LO
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Levy per $1,000 of
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assessed valuation Ni
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Fund (estimated) Dollar Amount J
General and Capital Resources Funds $1.04489 $35,518,129
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This property tax levy represents a 1.0% increase over last year as shown a
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below. a
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2024 Regular Property Tax Levy $35,518,129 E
Less 2023 Regular Property Tax Levy (34,728,368)
Less New Construction Levy (311,166) Q
Less Refund Levy (131,311)
Property Tax Increase $347,284
% Change 1.0%
2 Property Tax Levied (1%)
2025 Budget Ordinance
Packet Pg. 30
4.E.a
Unless otherwise directed by the City Council in its budget process, the total
property tax revenues levied shall be allocated as follows: 47.5 percent to
the General Fund for the purpose of paying the general expenses of
municipal government and 52.5 percent to the City's Capital Resources Fund
for use in one-time capital projects and debt repayment subject to the
following three exceptions:
A. Revenues shall be allocated to the City's Parks Department for the o
design, development, construction, maintenance, improvement, and a
renovation of City parks. Beginning in 2023, the amount shall total
$2.75 million and increase by two percent each year thereafter. The
total allocation for 2025 is $2,861,100.
L
B. Revenues shall be allocated to the City's Public Works Department for O
the design, construction, maintenance, improvement, operation, and
repair of the City's transportation infrastructure and appurtenant J
improvements. Beginning in 2023, the amount shall total $8.25
million and increase by two percent each year thereafter. The total
allocation for 2025 is $8,583,300. a
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C. Revenues shall be allocated to the City's Information Technology a
Capital Program directed at funding long- and short-term hardware LO
and software replacement. Beginning in 2023, the amount shall total
$1.65 million and increase by two percent each year thereafter. The N
total allocation for 2025 is $1,716,660. N
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SECTION 3. - Limitation on Levy. The application of the General J
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Fund and Capital Resources Fund levy shall be consistent with and shall not >
result in tax revenue in excess of the limitation imposed by RCW 84.55.010 a
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and RCW 84.55.0101. a
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SECTION 4. - Severability. If any one or more section, subsection, E
or sentence of this ordinance is held to be unconstitutional or invalid, such
a
decision shall not affect the validity of the remaining portion of this ordinance
and the same shall remain in full force and effect.
3 Property Tax Levied (1%)
2025 Budget Ordinance
Packet Pg. 31
4.E.a
SECTION 5. - Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
SECTION 6, - Effective Date. This ordinance shall take effect and be a
0
in force five days after the date of its publication; however, the property tax a
levied through this ordinance shall not be assessed for collection until
January 1, 2025. c
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December 10, 2024 X
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DANA RALPH, MAYOR Date Approved �,
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ATTEST: a
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December 10, 2024 7T-
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KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
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December 13, 2024
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Date Published J
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APPROVED AS TO FORM: a
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TAMMY WHITE, CITY ATTORNEY E
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4 Property Tax Levied (1%)
2025 Budget Ordinance
Packet Pg. 32
4.F
FINANCE DEPARTMENT
Paula Painter, CPA
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5264
DATE: November 5, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Ordinance Adopting the 2025-2026 Biennial Budget — Adopt
MOTION: I move to adopt Ordinance No. 4511, establishing the 2025-2026
biennial budget.
SUMMARY: This ordinance adopts the final 2025-2026 biennial budget. The total
gross expenditure budget for 2025 is $452,455,550 and 2026 is $431,613,760.
A crosswalk from the Mayor's Proposed Budget to the City Council's Adopted
Budget is provided in the attached Exhibits A and B.
BUDGET IMPACT: As described.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Budget Adoption_2025-2026 (PDF)
Packet Pg. 33
4.F.a
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ORDINANCE NO. 4511
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AN ORDINANCE of the City Council of the m
City of Kent, Washington, relating to budgets and N
finance and adopting the final 2025-2026 biennial N
budget. N
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RECITALS a
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A. Tax estimates and the preliminary budget for the City of Kent, Q
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Washington, for the 2025-2026 biennial years have been prepared and filed cc
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as provided by law, and the budget has been printed and distributed.
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B. Notice has been published in the official paper of the City of
Kent setting the time and place for public hearings on the budget. The notice o
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also stated that all taxpayers calling at the Office of the City Clerk would be N
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furnished a copy of the 2025-2026 biennial budget. N,
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C. Public hearings were held on October 1, 2024, and October 15, a
2024.
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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1 2025-2026
Biennial Budget Adoption
Ordinance
Packet Pg. 34
4.F.a
ORDINANCE
SECTION 1. - Budget Adoption. Pursuant to RCW 35A.34.120, the
budget for the 2025-2026 biennium, as summarized in Exhibit "A" and as
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set forth in the 2025-2026 biennial Preliminary Comprehensive Budget, Q
which is on file with the City Clerk and which is amended by Exhibit "B", all �!
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of which are incorporated into this ordinance by this reference, is hereby
adopted in the amounts and for the purposes established in that budget as 00
the final budget for the City's 2025-2026 biennium.
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SECTION 2. - Transmittal. The Finance Director shall transmit a N
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complete copy of the final adopted budget to the Division of Municipal N
Corporations in the Office of the State Auditor and to the Association of
Washington Cities.
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SECTION 3. - Budciet Administration. City administration shall
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administer the biennial budget and may authorize expenditures,
appropriations, and transfers pursuant to RCW 35A.34.200 and as otherwise p
provided by law. 1*
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SECTION 4. - SeverabilitY. If any one or more section, subsection, N
or sentence of this ordinance is held to be unconstitutional or invalid, such o
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decision shall not affect the validity of the remaining portion of this r-
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ordinance and the same shall remain in full force and effect. a
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SECTION 5. - Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the clerk and the code reviser are authorized 00
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to make necessary corrections to this ordinance, including the correction of
clerical errors; ordinance, section, or subsection numbering or lettering; or
references to other local, state, or federal laws, code, or regulations. a
2 2025-2026
Biennial Budget Adoption
Ordinance
Packet Pg. 35
4.F.a
SECTION 6, - Effective Date. This ordinance shall take effect and be
in force five days after its publication, as provided by law. However, the
funds appropriated through this budget adoption shall not be available for
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use until January 1, 2025. Q
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December 10, 2024 00
DANA RALPH, MAYOR Date Approved
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ATTEST: c
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December 10, 2024
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
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December 13, 2024 c
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APPROVED AS TO FORM:
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Biennial Budget Adoption
Ordinance
Packet Pg. 36
4.F.a
2025-26 Biennial Budget
Exhibit A
2025 Proposed 2026 Proposed
Expenditures Expenditures
Governmental Funds
O.
General Fund 128,022,970 131,340,970 0
Special Revenue Funds Q
Street Operating Fund 21,571,220 21,429,130
LEOFFI Retiree Benefits Fund 1,212,320 1,236,520 O
Lodging Tax Fund 290,600 295,020
Youth/Teen Fund 1,158,500 1,199,790 m
Capital Resources Fund 28,109,650 25,625,480
Criminal Justice Fund 15,303,930 14,525,320
Human Services Fund 8,233,380 8,308,570
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City Arts Program Fund 104,620 100,600 m
ShoWare Operating Fund 2,554,910 2,607,600 (p
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Debt Service Funds o
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Non-Voted Debt Service Fund 7,700,100 5,197,510 uj
Special Assessments Fund 311,500 311,500 N
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Capital Projects Funds m
Street Capital Projects Fund 8,540,540 8,655,800 r
Parks Capital Projects Fund 6,958,920 5,066,720 0)
Other Capital Projects Fund 202,730 202,820 Q
Technology Capital Projects Fund 4,095,480 3,699,180 O
Facilities Capital Projects Fund 13,897,100 175,410
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Proprietary Funds
Enterprise Funds cOC
Water Fund 49,580,780 47,070,840
Sewer Fund 45,995,170 48,294,910
Drainage Fund 38,628,490 35,278,010
Solid Waste Fund 990,730 1,028,950
to
Golf Complex Fund 3,865,670 4,010,820 V-
Internal Service Funds S
Fleet Services Fund 8,463,600 7,811,410 N
Central Services Fund o
N
Central Stores 386,400 394,130 LO
Multimedia 1,310,380 1,359,040 0
Information Technology 12,152,130 12,706,410 NI
Facilities Fund 9,102,420 8,982,340 r—
Insurance Fund O
Unemployment 248,360 260,700 0
O
Wo r kers Com pen sat i o n 3,568,420 3,787,840 Q
Health and Employee Wellness 17,036,330 17,281,270 },
Liability Insurance 6,747,990 7,063,150 m
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Property Insurance 1,357,000 1,467,180 3
Other Funds m
Firefighters Pension Fund 414,990 414,250
Impact Fee Trust Fund 4,338,220 4,424,570
Total Gross Budget 452,455,550 431,613,760 v
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4 2025-2026
Biennia/Budget Adoption
Ordinance
Packet Pg. 37
4.F.a
2025-26 Biennial Budget
Exhibit B
2025 2025 2026 2026
Revenues Expenditures Revenues Expenditures
Governmental Funds
General Fund 126,695,510 128,022,970 128,111,150 131,340,970 4'
CL
B&O Tax Retailing Gross Receipts Max Cap Adj 213,200 213,200 O
126,908,710 128,022,970 128,324,350 131,340,970
Q
Special Revenue Funds
Street Operating Fund 22,356,510 21,571,220 22,170,940 21,429,130
LEOFFI Retiree Benefits Fund 1,123,240 1,212,320 1,119,420 1,236,520 'I
Lodging Tax Fund 290,600 290,600 295,020 295,020 3
Youth/Teen Fund 1,158,500 1,158,500 1,199,790 1,199,790 m
Capital Resources Fund 27,520,110 28,109,650 26,905,750 25,625,480
CriminaIJusticeFund 13,795,010 15,303,930 12,799,820 14,525,320
Human Services Fund 8,233,380 8,233,380 8,308,570 8,308,570 d
City Arts Program Fund 104,620 104,620 100,600 100,600
ShoWare Operating Fund 2,300,000 2,554,910 2,307,000 2,607,600 N
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Debt Service Funds N
Non-Voted Debt Service Fund 7,700,100 7,700,100 5,197,510 5,197,510
N
Special Assessments Fund 311,500 311,500 311,500 311,500 G
N
Capital Projects Funds G1
Street Capital Projects Fund 8,836,300 8,540,540 8,940,960 8,655,800 r
Parks Capital Projects Fund 7,219,650 6,958,920 5,269,120 5,066,720 t)
C
Other Capital Projects Fund 248,600 202,730 241,310 202,820 Q
Technology Capital Projects Fund 4243,960 4,095,480 3,810,600 3,699,180 O
Facilities Capital Projects Fund 14,145,680 13,897,100 369,320 175,410
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Proprietary Funds N
V
Enterprise Funds
Water Fund 44,777,490 49,580,780 46,812,440 47,070,840
Sewer Fund 44,212,380 45,995,170 46,625,730 48,294,910 'O
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Drainage Fund 36,296,430 38,628,490 36,5&6,020 35,278,010 O
Solid Waste Fund 892,390 990,730 911,140 1,028,950
Golf Complex Fund 4,109,770 3,&65,670 4,332,530 4,010,820
Internal Service Funds
Fleet Services Fund 7,602,490 8,463,600 7,811,410 7,811,410
Central Services Fund N
Central Stares 336,400 386,400 394.130 394,130 C
N
Multimedia 1,309,800 1,310,380 1,358,140 1,359,040 N
I information Technology 12,152,130 12,152,130 12,706,410 12,706,410 O
Facilities Fund 8,911,420 9,102,420 8,945,480 8,982,340 NI
Insurance Fund 0
O
Unemployment 193,260 248,360 195,000 260,700 Q
Workers Compensation 3,568,420 3,568,420 3,787,840 3,787,840 O
Health and Employee Wellness 16,659,130 17,036,330 16,730,000 17,281,270
Q
Liability Insurance 6,747,990 6,747,990 7,063,150 7,063,150
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Property Insurance 1,457,000 1,357,000 1,492,180 1,467,180
Other Funds
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Firefighters Pension Fund 478,150 414,990 492,210 414,250
Impact Fee Trust Fund 4.338,220 4,338,220 4,424,570 4,424,570 C
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Total Gross Budget 440589,340 452,455,550 428,239,860 431,613,760 E
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5 2025-2026
Biennial Budget Adoption
Ordinance
Packet Pg. 38
4.G
ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
Kurt Hanson, AICP, EDFP
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5454
DATE: November 5, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: Upcoming Ordinances related to the
Comprehensive Plan Update
SUMMARY: Staff will provide an overview of three ordinances that are schedule for
hearings at the LUPB on November 12, 2024, at 6 p.m., and City Council on
November 19, 2024 at 7 p.m.
1. Ordinance to adopt the Comprehensive Plan
The Kent Comprehensive Plan is the guiding policy document for all land use and
development regulations in Kent. State law requires the City to plan for and
accommodate 10,200 new housing units and 32,000 jobs over the next 20 years.
The project team has spent the past two years working with the community to
make updates to the plan to better reflect a shared vision and guiding principles to
inform how we plan for Kent's future.
The Comprehensive Plan includes ten chapters:
Introduction, Community Profile, Vision
Land Use Element
Housing Element
Transportation Element
Parks and Recreation Element
Economic Development Element
Capital Facilities Element
Utilities Element
Shoreline Element
Climate Element
Kent's updated Comprehensive Plan includes its first ever Climate Element as well
as changes to more holistically address sustainability, human services, and equity.
The 2044 Comprehensive Plan also includes substantive changes to content, goals,
and policies in all chapters and map amendments to the future land use
designations to implement the vision for growth.
The Draft 2044 Comprehensive Plan must be adopted by the end of 2024 and
needs to be consistent with the WA state Growth Management Act, Puget Sound
Regional Council (PSRC) Multicounty Planning Policies, and King County Countywide
Planning Policies.
Packet Pg. 39
4.G
The Draft 2044 Comprehensive Plan can be found online at
www.Engage.KentWA.gov/FutureKent
<http://www.Engaae.KentWA.gov/FutureKent>.
2. Ordinance related to zoning and Kent City Code zoning code
To implement the Comprehensive Plan, cities are required to also review and
update their zoning maps and development regulations. The city is initiating
rezones to support the land use changes being made through the Comprehensive
Plan.
At the upcoming meeting, staff will share the rezones being initiated as well as the
proposed changes to Kent's wholesale and retail land use table. There are two
changes proposed in response to community input for commercial zones:
1. Allowing nurseries, greenhouses, garden supplies, tools, etc. in the
Neighborhood Convenience Commercial (NCC) zone; and
2. Restricting new gasoline service stations in the NCC zone as well as lots with
mixed use future land use designations and downtown zoning districts
Additional zoning code changes are anticipated through the housing implementation
effort (expected adoption date is June 2025) and the Benson Corridor Project
(starting in 2025).
3. Ordinance to update SEPA Exemptions
This ordinance will utilize a new SEPA exemption for development that supports the
City and state's goal of accommodating more housing within urban growth areas
and supporting sustainable growth by streamlining development permitting.
In 1971, the Washington State Environmental Policy Act (SEPA) was established to
help agencies identify likely environmental impacts from specific development. In
1990, the Washington State Growth Management Act was adopted, requiring state
and local governments to manage Washington's growth by identifying and
protecting critical areas and natural resource lands, designating urban growth
areas, preparing comprehensive plans and implementing them through capital
investments and development regulations.
As a city planning under RCW 36.70A.040, Kent is authorized to establish
categorical exemptions to SEPA if the criteria can be met and the development
proposed supports infill within urban growth areas. There are several different types
of SEPA exemptions. Some are authorized by state law and do not require a
jurisdiction to adopt any ordinances. Others require a jurisdiction to take specific
action in order to authorize an exemption.
The City of Kent intends to:
1. Adopt a new SEPA infill exemption for development consistent with the
Comprehensive Plan EIS (RCW 43.21C.229, established in the 2023 WA
Packet Pg. 40
4.G
State legislative session);
2. Update the flexible thresholds categorical exemption for minor new
construction that is not covered under the new infill exemption (WAC 197-
11-800); and
3. Repeal the Downtown Kent Planned Action Ordinance (PAO) and Infill
Development categorical exemption because it would result in conflicting
processes.
Staff are proposing to retain some of the standards in the Downtown PAO (KCC
11.03.215) and relocate it to more appropriate locations in KCC (such as
development standards).
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
Packet Pg. 41
4.H
ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
Kurt Hanson, AICP, EDFP
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5454
DATE: November 5, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Exemption from Permit Fee Refund Penalties — Resolution -
Adopt
MOTION: I move to adopt Resolution No. 2283 affirming the City's
exemption from the permit fee refund penalties under RCW 36.70B.080.
SUMMARY: During its 2023 session, the state Legislature adopted Second
Substitute Senate Bill 5290 to address affordable housing by encouraging efficiency
in local land use permit review. The bill imposes permit fee refund obligations if
agencies fail to implement efficiencies while also failing to meet permit processing
timelines.
Through continuous process improvements, investments in technology, and new
positions the City Council has added to assist with the permitting process, the City
of Kent has worked to minimize delays and the resulting impacts on housing
affordability.
Given efficiencies the City has already implemented, the bill exempts the City from
the permit fee refund obligation should the City fail to meet the permit processing
timelines established by the bill. This resolution simply memorializes the City's
exempt status.
BUDGET IMPACT:
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
ATTACHMENTS:
1. Resolution (PDF)
2. Second Substitute Senate Bill 5290 (PDF)
Packet Pg. 42
4.H.a
RESOLUTION NO. 2083 a
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A RESOLUTION of the City Council of the
City of Kent, Washington, affirming the City's
exemption from the permit refund penalties under
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RCW 36.70B.080(1)(1)(ii) because the City's current
permit operations incorporate three of the ten
practices set forth in RCW 36.70B.160(1)(a)-(j). a
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RECITALS
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A. The State of Washington enacted Second Substitute Senate Bill
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5290 (2SSB 5290) during the 2023 legislative session to address affordable a
housing by encouraging efficiency in local land use permit review c
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timeframes.
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B. The City of Kent supports the goals of efficiency, timeliness,
and transparency in the review and inspection of permit applications. w
Through continuous process improvements, investments in technology, and
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new positions added to assist with the permitting process, the City has zt
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worked to minimize delays and the resulting impacts on housing 0
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affordability. 0
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C. 2SSB 5290 includes several provisions designed to both assist
and hold local jurisdictions accountable for prompt and efficient review of
project permit applications. Among these measures are permit processing U
deadlines and requirements that jurisdictions refund a portion of permit fees a
as a penalty for exceeding these deadlines. However, 2SSB 5290 exempts
from refund penalties those jurisdictions who have implemented at least
1 SSB 5290 - Implementation
Resolution
Packet Pg. 43
4.H.a
three project review and code provisions that support prompt, coordinated,
and objective review of permit applications, as provided for in RCW
36.70B.160(1)(a) - (j).
D. As part of its permit review and inspection operation, the City
previously implemented the following three provisions, which exempt the
City from the refund penalties of RCW 36.70B.080(1)(1)(i): o
1. Annual adoption of permit fees, paid by applicants to Q
cover the City's cost to process, review and inspect o
permit applications and plans (RCW 36.70B.160(1)(b));
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2. Optional pre-application meetings as described in Kent
City Code section 12.01.080 (RCW 36.70B.160(1)(g));
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And ;
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3. Acceptance of certifications from licensed professional a
wetland scientists and geo-technical engineers of
stream, wetland, and sensitive slope boundaries, buffers,
and mitigation plans by, as administered by the
Economic and Community Development Department
(RCW 36.70B.160(1)(i)).
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E. The purpose of this resolution is to memorialize and inform the a
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public of the express code provisions and practice in place at the City that o
exempt its permit processing from the refund penalty provisions provided o
for by RCW 36.70B.080(1)(1)(i). E
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
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WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
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RESOLUTION '
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SECTION 1. - Recitals Incorporated. The above Recitals are
as
incorporated into this Resolution and constitute findings of the Kent City E
Council.
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SECTION 2. - Exempt from Refund Penalties. By its adoption of this
resolution, the Kent City Council affirms that the City currently has in place
2 SSB 5290 - Implementation
Resolution
Packet Pg. 44
4.H.a
three of the ten practices set forth in RCW 36.70B.160(1)(a)-(j) that assist
in providing prompt and coordinated review of permit applications, in
accordance with RCW 36.70B.080(1)(1)(ii), which exempt the City from the
refund penalties set forth in RCW 36.70B.080(1)(1)(i).
SECTION 3. - Severability. If any one or more section, subsection, a
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or sentence of this resolution is held to be unconstitutional or invalid, such Q
decision shall not affect the validity of the remaining portion of this resolution o
and the same shall remain in full force and effect. o
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SECTION 4. - Ratification. Any act consistent with the authority and
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prior to the effective date of this resolution is hereby ratified and affirmed.
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SECTIONS. - Effective Date. This resolution shall take effect and be
in force immediately upon its passage.
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November 5, 2024 a
DANA RALPH, MAYOR Date Approved o
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ATTEST: a
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November 5, 2024
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
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APPROVED AS TO FORM:
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TAMMY WHITE, CITY ATTORNEY
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3 SSB 5290 - Implementation
Resolution
Packet Pg. 45
4.H.b
CERTIFICATION OF ENROLLMENT
SECOND SUBSTITUTE SENATE BILL 5290
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Chapter 338, Laws of 2023 Q
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68th Legislature '
2023 Regular Session
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PROJECT PERMITS—LOCAL PROJECT REVIEW—VARIOUS PROVISIONS
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EFFECTIVE DATE: July 23, 2023—Except for section 7, which takes
effect January 1, 2025 .
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Passed by the Senate April 17, 2023 CERTIFICATE ,0
Yeas 47 Nays 0
I, Sarah Bannister, Secretary of .2
the Senate of the State of E
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DENNY HECK Washington, do hereby certify that K
President of the Senate the attached is SECOND SUBSTITUTE W
SENATE BILL 5290 as passed by the
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Senate and the House of
Re
Passed by the House April 10, 2023 seprforthatives on the dates hereon
Yeas 98 Nays 0 N
SARAH BANNISTER m
LAURIE JINKINS +;
Speaker of the House of Secretary a
Representatives V)
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Approved May 8, 2023 1:17 PM FILED
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May 10, 2023
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Secretary of State
JAY INSLEE State of Washington t
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Governor of the State of Washington m
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Packet Pg. 46
4.H.b
SECOND SUBSTITUTE SENATE BILL 5290
AS AMENDED BY THE HOUSE
Passed Legislature - 2023 Regular Session a
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State of Washington 68th Legislature 2023 Regular Session Q
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By Senate Ways & Means (originally sponsored by Senators Mullet,
Kuderer, Fortunato, Liias, Nobles, Saldana, and C. Wilson; by request '
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of Office of the Governor) y
READ FIRST TIME 02/24/23 .
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1 AN ACT Relating to consolidating local permit review processes; a
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2 amending RCW 36. 70B. 140, 36. 70B. 020, 36. 70B. 070, 36. 70B. 080, and
3 36. 70B. 160; reenacting and amending RCW 36. 70B. 110; adding new o
4 sections to chapter 36. 70B RCW; creating new sections; and providing E
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5 an effective date. x
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6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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7 Sec. 1 . RCW 36 . 70B. 140 and 1995 c 347 s 418 are each amended to `"
8 read as follows :
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9 (1) A local government by ordinance or resolution may exclude the a
10 following project permits from the provisions of RCW 36. 70B. 060
11 through 36. 70B. 090 and 36. 70B. 110 through 36. 70B. 130 : Landmark
12 designations, street vacations, or other approvals relating to the
13 use of public areas or facilities, or other project permits, whether
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14 administrative or quasi-judicial, that the local government by a00i
15 ordinance or resolution has determined present special circumstances
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16 that warrant a review process or time periods for approval which are
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17 different from that provided in RCW 36. 70B. 060 through 36. 70B. 090 and 5
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18 36. 70B. 110 through 36. 70B. 130 . a
19 (2) A local government by ordinance or resolution also may
20 exclude the following project permits from the provisions of RCW
21 36. 70B. 060 and 36. 70B. 110 through 36. 70B. 130 : Lot line or boundary
P. 1 2 S S packet Pg. 47
4.H.b
I adjustments and building and other construction permits, or similar
2 administrative approvals, categorically exempt from environmental
3 review under chapter 43 . 21C RCW, or for which environmental review
4 has been completed in connection with other project permits .
5 (3) A local government must exclude project permits for interior a
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6 alterations from site plan review, provided that the interior 'a
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7 alterations do not result in the following: c
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8 (a) Additional sleeping quarters or bedrooms; 3
9 (b) Nonconformity with federal emergency management agency
10 substantial improvement thresholds; or
11 (c) Increase the total square footage or valuation of the 2
12 structure thereby requiring upgraded fire access or fire suppression aa�
13 systems .
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14 (4) Nothing in this section exempts interior alterations from ,F
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15 otherwise applicable building, plumbing, mechanical, or electrical
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16 codes . LL
17 (5) For purposes of this section, "interior alterations" include E
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18 construction activities that do not modify the existing site layout a
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19 or its current use and involve no exterior work adding to the
20 building footprint . o
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21 NEW SECTION. Sec. 2 . A new section is added to chapter 36. 70B w
22 RCW to read as follows :
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23 (1) Subject to the availability of funds appropriated for this :
24 specific purpose, the department of commerce must establish a N
LO 25 consolidated permit review grant program. The department may award =
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26 grants to any local government that provides, by ordinance, .-
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27 resolution, or other action, a commitment to the following building
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28 permit review consolidation requirements :
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29 (a) Issuing final decisions on residential permit applications
30 within 45 business days or 90 calendar days .
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31 (i) To achieve permit review within the stated time periods, a
32 local government must provide consolidated review for building permit d
33 applications . This may include an initial technical peer review of
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34 the application for conformity with the requirements of RCW
35 36. 70B. 070 by all departments, divisions, and sections of the local 0
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36 government with jurisdiction over the project . a
37 (ii) A local government may contract with a third-party business
38 to conduct the consolidated permit review or as additional inspection
p. 2 2 S S packet Pg. 48
I staff. Any funds expended for such a contract may be eligible for
2 reimbursement under this act .
3 (iii) Local governments are authorized to use grant funds to
4 contract outside assistance to audit their development regulations to
5 identify and correct barriers to housing development . a
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6 (b) Establishing an application fee structure that would allow a
7 the jurisdiction to continue providing consolidated permit review
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8 within 45 business days or 90 calendar days . 3
9 (i) A local government may consult with local building
10 associations to develop a reasonable fee system. i
11 (ii) A local government must determine, no later than July 1, 2
12 2024, the specific fee structure needed to provide permit review a00i
13 within the time periods specified in this subsection (1) (b) . a
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14 (2) A jurisdiction that is awarded a grant under this section ,F
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15 must provide a quarterly report to the department of commerce. The
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16 report must include the average and maximum time for permit review LL
17 during the jurisdiction' s participation in the grant program. E
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18 (3) If a jurisdiction is unable to successfully meet the terms a
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19 and conditions of the grant, the jurisdiction must enter a 90-day
20 probationary period. If the jurisdiction is not able to meet the o
21 requirements of this section by the end of the probationary period, E
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22 the jurisdiction is no longer eligible to receive grants under this w
23 section.
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24 (4) For the purposes of this section, "residential permit" means
25 a permit issued by a city or county that satisfies the conditions of N
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26 RCW 19. 27 . 015 (5) and is within the scope of the international
27 residential code, as adopted in accordance with chapter 19 . 27 RCW. m
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28 NEW SECTION. Sec. 3 . A new section is added to chapter 36. 70B
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29 RCW to read as follows :
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30 (1) Subject to the availability of funds appropriated for this
31 specific purpose, the department of commerce must establish a grant
32 program for local governments to update their permit review process a00i
33 from paper filing systems to software systems capable of processing y
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34 digital permit applications, virtual inspections, electronic review,
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35 and with capacity for video storage.
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36 (2) The department of commerce may only provide a grant under a
37 this section to a city if the city allows for the development of at
38 least two units per lot on all lots zoned predominantly for
39 residential use within its jurisdiction.
p. 3 2 S S packet Pg. 49
1 NEW SECTION. Sec. 4 . A new section is added to chapter 36. 70B
2 RCW to read as follows :
3 (1) Subject to the availability of amounts appropriated for this
4 specific purpose, the department of commerce must convene a digital
5 permitting process work group to examine potential license and a
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6 permitting software for local governments to encourage streamlined a
7 and efficient permit review.
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8 (2) The department of commerce, in consultation with the 3
9 association of Washington cities and Washington state association of
10 counties, shall appoint members to the work group representing groups
11 including but not limited to:
12 (a) Cities and counties;
13 (b) Building industries; and a
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14 (c) Building officials . '
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15 (3) The department of commerce must convene the first meeting of
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16 the work group by August 1, 2023 . The department must submit a final a
17 report to the governor and the appropriate committees of the E
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18 legislature by August 1, 2024 . The final report must : a
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19 (a) Evaluate the existing need for digital permitting systems,
20 including impacts on existing digital permitting systems that are o
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21 already in place; E
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22 (b) Review barriers preventing local jurisdictions from accessing w
23 or adopting digital permitting systems;
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24 (c) Evaluate the benefits and costs associated with a statewide :
25 permitting software system; and N
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26 (d) Provide budgetary, administrative policy, and legislative
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27 recommendations to increase the adoption of or establish a statewide a,
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28 system of digital permit review.
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29 Sec. 5 . RCW 36. 70B. 020 and 1995 c 347 s 402 are each amended to
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30 read as follows :
31 Unless the context clearly requires otherwise, the definitions in
32 this section apply throughout this chapter.
33 (1) "Closed record appeal" means an administrative appeal on the
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34 record to a local government body or officer, including the
35 legislative body, following an open record hearing on a project 5-
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36 permit application when the appeal is on the record with no or a
37 limited new evidence or information allowed to be submitted and only
38 appeal argument allowed.
39 (2) "Local government" means a county, city, or town.
p. 4 2 S S packet Pg. 50
4.H.b
1 (3) "Open record hearing" means a hearing, conducted by a single
2 hearing body or officer authorized by the local government to conduct
3 such hearings, that creates the local government ' s record through
4 testimony and submission of evidence and information, under
5 procedures prescribed by the local government by ordinance or a
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6 resolution. An open record hearing may be held prior to a local a
7 government ' s decision on a project permit to be known as an "open
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8 record predecision hearing. " An open record hearing may be held on an 3
9 appeal, to be known as an "open record appeal hearing, " if no open
10 record predecision hearing has been held on the project permit . i
11 (4) "Project permit" or "project permit application" means any d
12 land use or environmental permit or license required from a local aa�
13 government for a project action including but not limited to a
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14 ( (bald' , ) ) subdivisions, binding site plans, planned unit
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15 developments, conditional uses, shoreline substantial development
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16 permits, site plan review, permits or approvals required by critical a
17 area ordinances, site-specific rezones ( (autheLnized by a E
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18 Lcehe..s_.p-lane-ubare plan) ) which do not require a E
19 comprehensive plan amendment, but excluding the adoption or amendment
20 of a comprehensive plan, subarea plan, or development regulations o
21 except as otherwise specifically included in this subsection. E
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22 (5) "Public meeting" means an informal meeting, hearing, w
23 workshop, or other public gathering of people to obtain comments from
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24 the public or other agencies on a proposed project permit prior to :
25 the local government ' s decision. A public meeting may include, but is N
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26 not limited to, a design review or architectural control board =
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27 meeting, a special review district or community council meeting, or a .-
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28 scoping meeting on a draft environmental impact statement. A public
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29 meeting does not include an open record hearing. The proceedings at a
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30 public meeting may be recorded and a report or recommendation may be
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31 included in the local government ' s project permit application file.
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32 Sec. 6 . RCW 36. 70B. 070 and 1995 c 347 s 408 are each amended to
33 read as follows :
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34 (1) (a) Within ( (twenty-ei-g t) ) 28 days after receiving a project
35 permit application, a local government planning pursuant to RCW 0
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36 36. 70A. 040 shall ( (��4: eLa) ) provide ( ( ' ) ) a written a
37 determination to the applicant ( ( , ) )_
38 (b) The written determination must state either:
39 ( (+a+) ) (i) That the application is complete; or
p. 5 2 S S packet Pg. 51
1 (ii) That the application is incomplete and that the
2 procedural submission requirements of the local government have not
3 been met. The determination shall outline what is necessary to make
4 the application procedurally complete.
5 (c) The number of days shall be calculated by counting every a
0
6 calendar day.
Q
7 (d) To the extent known by the local government, the local
0
8 government shall identify other agencies of local, state, or federal 3
9 governments that may have jurisdiction over some aspect of the
10 application. i
11 (2) A project permit application is complete for purposes of this 2
12 section when it meets the procedural submission requirements of the aa�
13 local government ( (an el ims suffi-eient fein eentin ed pr-eeessi -even
IL
c
14 theugh additienalnf erfRatienred eLn pine�e 42
d
15 ��f imeatimens FRay be undeintaken s�ibseq�ient y) ) , as outlined on the
d
16 project permit application. Additional information or studies may be LL
17 required or project modifications may be undertaken subsequent to the E
m
18 procedural review of the application by the local government . The a
E
19 determination of completeness shall not preclude the local government
20 from requesting additional information or studies either at the time o
21 of the notice of completeness or subsequently if new information is E
m
22 required or substantial changes in the proposed action occur. w
23 However, if the procedural submission requirements, as outlined on
LO
24 the project permit application have been provided, the need for :
25 additional information or studies may not preclude a completeness N
LO
26 determination. -
27 (3) The determination of completeness may include or be combined m
28 with the following ( (as eptienal infeLnfftatien) ) : 0
c
m
Cn
29 (a) A preliminary determination of those development regulations
0
30 that will be used for project mitigation;
31 (b) A preliminary determination of consistency, as provided under
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32 RCW 36. 70B. 040; ( (ems) )
33 (c) Other information the local government chooses to include; or U
34 (d) The notice of application pursuant to the requirements in RCW y
c
35 36. 70B. 110 .
36 (4) (a) An application shall be deemed procedurally complete on 0
M
37 the 29th day after receiving a project permit application under this a
38 section if the local government does not provide a written
39 determination to the applicant that the application is procedurally
40 incomplete as provided in subsection (1) (b) ii of this section. When
P. 6 2 S S packet Pg. 52
4.H.b
I the local government does not provide a written determination, they
2 may still seek additional information or studies as provided for in
3 subsection (2) of this section.
4 (b) Within ( (men) ) 14 days after an applicant has submitted
5 to a local government additional information identified by the local a
0
6 government as being necessary for a complete application, the local a
7 government shall notify the applicant whether the application is
0
8 complete or what additional information is necessary. 3
9 (c) The notice of application shall be provided within 14 days
10 after the determination of completeness pursuant to RCW 36. 70B. 110 .
d
11 Sec. 7 . RCW 36. 70B. 080 and 2004 c 191 s 2 are each amended to c
a)
12 read as follows : a
c
13 (1) (a) Development regulations adopted pursuant to RCW 36. 70A. 040 ,F
as
14 must establish and implement time periods for local government
m
d
15 actions for each type of project permit application and provide LL
16 timely and predictable procedures to determine whether a completed E
m
17 project permit application meets the requirements of those a.
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18 development regulations . The time periods for local government
19 actions for each type of complete project permit application or o
20 project type should not exceed ( (e_ e hianel = :tee ty elays, unless e E
a)
21 lmeeal Effeyernment makes writtenfindings that --if;a sp ,-eel ameicin Lt of j
22 additienal t, is eeed tepr-eeess s=-ifie eempltpre eet permit 1-
23 applieatiens enter-e ' ) ) those specified in this section.
24 ( (ire) ) (b) For project permits submitted after January 1, 2025, 0
N
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25 the development regulations must, for each type of permit =
'm
26 application, specify the contents of a completed project permit a,
0
27 application necessary for the complete compliance with the time
28 periods and procedures .
0
29 ( (+2}) ) (c) A jurisdiction may exclude certain permit types and
30 timelines for processing project permit applications as provided for
31 in RCW 36. 70B. 140 .
c
32 (d) The time periods for local government action to issue a final a0Ui
33 decision for each type of complete project permit application or
c
34 project type subject to this chapter should not exceed the following
E
35 time periods unless modified by the local government pursuant to this 0
M
36 section or RCW 36. 70B. 140 : a
37 (i) For project permits which do not require public notice under
38 RCW 36. 70B. 110, a local government must issue a final decision within
39 65 days of the determination of completeness under RCW 36. 70B. 070;
p. 7 2 S S packet Pg. 53
4.H.b
1 (ii) For project permits which require public notice under RCW
2 36. 70B. 110, a local government must issue a final decision within 100
3 days of the determination of completeness under RCW 36. 70B. 070; and
4 (iii) For project permits which require public notice under RCW
5 36. 70B. 110 and a public hearing, a local government must issue a a
0
6 final decision within 170 days of the determination of completeness
Q
7 under RCW 36. 70B. 070 .
0
8 (e) A jurisdiction may modify the provisions in (d) of this 3
9 subsection to add permit types not identified, change the permit
10 names or types in each category, address how consolidated review time
i
11 periods may be different than permits submitted individually, and d
12 provide for how projects of a certain size or type may be aa�
13 differentiated, including by differentiating between residential and a
c
14 nonresidential permits . Unless otherwise provided for the ,F
d
15 consolidated review of more than one permit, the time period for a
m
aD
16 final decision shall be the longest of the permit time periods LL
17 identified in (d) of this subsection or as amended by a local E
m
18 government . a
E
19 (f) If a local government does not adopt an ordinance or
20 resolution modifying the provisions in (d) of this subsection, the o
21 time periods in (d) of this subsection apply. E
m
22 (q) The number of days an application is in review with the w
23 county or city shall be calculated from the day completeness is
LO
24 determined under RCW 36. 70B. 070 to the date a final decision is :
25 issued on the project permit application. The number of days shall be N
26 calculated by counting every calendar day and excluding the following LO
27 time periods : m
28 (i) Any period between the day that the county or city has 0
cn
m
29 notified the applicant, in writing, that additional information is
0
30 required to further process the application and the day when
31 responsive information is resubmitted by the applicant;
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32 (ii) Any period after an applicant informs the local government,
33 in writing, that they would like to temporarily suspend review of the d
34 project permit application until the time that the applicant notifies y
c
35 the local government, in writing, that they would like to resume the
E
36 application. A local government may set conditions for the temporary 0
M
37 suspension of a permit application; and a
38 (iii) Any period after an administrative appeal is filed until
39 the administrative appeal is resolved and any additional time period
40 provided by the administrative appeal has expired.
P. 8 2 S S packet Pg. 54
4.H.b
1 (h) The time periods for a local covernment to process a permit
2 shall start over if an applicant proposes a chancre in use that adds
3 or removes commercial or residential elements from the original
4 application that would make the application fail to meet the
5 determination of procedural completeness for the new use, as required a
0
6 by the local government under RCW 36. 70B. 070 .
Q
7 (i) If, at any time, an applicant informs the local government,
0
8 in writincr, that the applicant would like to temporarily suspend the 3
9 review of the project for more than 60 days, or if an applicant is
10 not responsive for more than 60 consecutive days after the county or
11 city has notified the applicant, in writing, that additional d
12 information is required to further process the application, an aa�
IL
13 additional 30 days may be added to the time periods for local
c
14 government action to issue a final decision for each type of project ,F
d
15 permit that is subject to this chapter. Any written notice from the
m
d
16 local government to the applicant that additional information is w
17 required to further process the application must include a notice E
m
18 that nonresponsiveness for 60 consecutive days may result in 30 days a
E
19 being added to the time for review. For the purposes of this
20 subsection, "nonresponsiveness" means that an applicant is not making o
21 demonstrable progress on providing additional requested information E
am
22 to the local government, or that there is no ongoing communication w
23 from the applicant to the local government on the applicant ' s ability
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24 or willingness to provide the additional information. 7T-
25 Annual amendments to the comprehensive plan are not subject N
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26 to the requirements of this section.
27 (k) A county' s or city' s adoption of a resolution or ordinance to m
28 implement this subsection shall not be subject to appeal under
0
m
29 chapter 36. 70A RCW unless the resolution or ordinance modifies the
0
30 time periods provided in (d) of this subsection by providing for a
31 review period of more than 170 days for any project permit .
32 (1) (i) When permit time periods provided for in (d) of this
33 subsection, as may be amended by a local government, and as may be u
34 extended as provided for in (i) of this subsection, are not met, a
c
35 portion of the permit fee must be refunded to the applicant as
E
36 provided in this subsection. A local government may provide for the
37 collection of only 80 percent of a permit fee initially, and for the a
38 collection of the remaining balance if the permitting time periods
39 are met . The portion of the fee refunded for missing time periods
40 shall be:
P. 9 2 S S packet Pg. 55
4.H.b
1 (A) 10 percent if the final decision of the project permit
2 application was made after the applicable deadline but the period
3 from the passage of the deadline to the time of issuance of the final
4 decision did not exceed 20 percent of the original time period; or
5 (B) 20 percent if the period from the passage of the deadline to a
0
6 the time of the issuance of the final decision exceeded 20 percent of 'a
Q
7 the original time period.
0
8 (ii) Except as provided in RCW 36. 70B. 160, the provisions in 3
9 subsection (1) (i) of this section are not applicable to cities and
10 counties which have implemented at least three of the options in RCW
11 36. 70B. 160 (1) (a) through (1 ) at the time an application is deemed )
12 procedurally complete.
13 (2) (a) Counties subject to the requirements of RCW 36. 70A. 215 and a
c
14 the cities within those counties that have populations of at least ,F
d
15 ( (twenty t eds,nd) ) 20, 000 must, for each type of permit application, �
m
aD
16 identify the total number of project permit applications for which a
17 decisions are issued according to the provisions of this chapter. For E
(D
18 each type of project permit application identified, these counties a
E
19 and cities must establish and implement a deadline for issuing a ,°
20 notice of final decision as required by subsection (1) of this o
r
21 section and minimum requirements for applications to be deemed E
a)
22 complete under RCW 36. 70B. 070 as required by subsection (1) of this w
23 section.
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24 (b) Counties and cities subject to the requirements of this :
25 subsection also must prepare an annual performance report ( (-&) ) that N
LO
26 ( (4:ne1ue ,,'e �- mt h e fellewing infeinmatien €er �_e�typ{- e-f _
27 p3ce ' 4m-� applieatien i-denti f ee amn eeeieIanee w4mth #JqP m
28 r�uin its f (a) of thisa
�ubTseeT i e (D
V)
29 (4:) Tetal nufftber- of eempl-etapplreatiemirs—neee; ve,l elu , r J t�,, 0
0
30 yeai=;
v,
31 (44) Nd rber of eempleJce apielreatiens - - - --=e6 6i,7i,�n J the ye --_f
32 whieh a net ee of final eleeisien was issimied lee fe,he—eleadline �
c
33 established under- this subseetiep,-,- 0
0
34 (4:44) Ndmber ef—applieetie rs—neee-. ed li rin they year €er whieh a
c
35 E
E
0
37 (4:v) P,idmber ef—appldmea4ciemirs e- -- e`i Fk7iring the ye --fe�� h eh an Q
38 e3,tensi e n ef t4fte was FR ,, ,T,,_ l y agreed y the ap p l r r} and t h e
39 eeunty ei= eity;
p. 10 2 S S Packet Pg. 56
4.H.b
1 'modariane=efac dal pe3c€e3cfft ne,emelddin(� applimeatiens fe��
2 wh,4:ehi Brut ,,,,,_mil. agrw e—emtenslers heeeuri=ed, te the E,�_re
3 established rd r th; sabsctie the e-
4 (vim) The Fftean � - he � 13� sz-a �viatien
r,��'I�E� timer, the
5 f r-ehe Fftean.
0.
0
6 -(e) Geuntles re eit _ sub Eeqai its ef thl
7 sc s e chi eat. !
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0
8 ( ) PEevie— nel iee ef and aeeess e the annual pyr fei m r. - 2
9 E ei-ems;E e e� sweb s i t e; y
10 (ii)P-est eleet�nenie—€aesiFftll-es—ef the—an _,,=, pe€e �
i
11 thine e r e }y' see.b s i to Pester—en a 2
12 e-ity' s website indieating that- the reperts arcavailable--y c
a)
13 eentaeting the appLcep iiateer- e-ity elepartfftent —e r e f f i ei awe 'a
c
14 net—eeffiply with t h e e f t h; si:ileseetien. 0
d
15 3z a—der ei}y si7ilej;.et t the L=e r}s e���_ m
;, ti t th, t
as
1 robe-cam t e �e�c�a�r �^�e-i t��re�-ee—e-f��rep ,_ e U.
17 �x reasenabl e- me t h e�'�e-lam iced=tie E
m
18 metre de -s p ere el i n RG 3 6.V G B11 (4) . a
E
19 +3+) ) includes information outlining time periods for certain
20 permit types associated with housing. The report must provide: 0
21 (i) Permit time periods for certain permit processes in the E
a)
22 county or city in relation to those established under this section, w
23 including whether the county or city has established shorter time 1-
24 periods than those provided in this section;
25 (ii) The total number of decisions issued during the year for the N
LO
26 following permit types : Preliminary subdivisions, final subdivisions, _
m
27 binding site plans, permit processes associated with the approval of a,
0
28 multifamily housing, and construction plan review for each of these
m
29 permit types when submitted separately;
0
30 (iii) The total number of decisions for each permit type which
31 included consolidated project permit review, such as concurrent
cn
32 review of a rezone or construction plans;
33 (iv) The average number of days from a submittal to a decision u
34 being issued for the project permit types listed in subsection y
c
35 (2) (a) (ii) of this section. This shall be calculated from the day
36 completeness is determined under RCW 36. 70B. 070 to the date a 0
m
37 decision is issued on the application. The number of days shall be a
38 calculated by counting every calendar day;
39 (v) The total number of days each project permit application of a
40 type listed in subsection (2) (a) (ii) of this section was in review
p. 11 2 S S packet Pg. 57
4.H.b
I with the county or city. This shall be calculated from the day
2 completeness is determined under RCW 36. 70B. 070 to the date a final
3 decision is issued on the application. The number of days shall be
4 calculated by counting every calendar day. The days the application
5 is in review with the county or city does not include the time a
0
6 periods in subsection (1) (g) (i) - (iii) of this section;
Q
7 (vi) The total number of days that were excluded from the time
0
8 period calculation under subsection (1) (a) (i) - (iii) of this section 3
9 for each project permit application of a type listed in subsection
10 (2) (a) (ii) of this section. i
11 (c) Counties and cities subject to the requirements of this 2
12 subsection must : c
IL
13 (i) Post the annual performance report through the county' s or
c
14 city' s website; and ,F
aD
15 (ii) Submit the annual performance report to the department of
m
as
16 commerce by March 1st each year. LL
17 (d) No later than July 1st each year, the department of commerce E
m
18 shall publish a report which includes the annual performance report a
E
19 data for each county and city subject to the requirements of this
20 subsection and a list of those counties and cities whose time periods o
21 are shorter than those provided for in this section. E
am
22 The annual report must also include key metrics and findings from w
23 the information collected.
LO
24 (e) The initial annual report required under this subsection must :
25 be submitted to the department of commerce by March 1, 2025, and must N
LO
26 include information from permitting in 2024 .
m
27 (3) Nothing in this section prohibits a county or city from d
0
28 extending a deadline for issuing a decision for a specific project
Cn
29 permit application for any reasonable period of time mutually agreed
0
30 upon by the applicant and the local government .
31 ( (
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32 6ee-le f , t s,alw��wi}�, t�,e �c r,� e� 4 ��,e �
ice^-��=----- i-eS--co—r��s-cad--cnc
c
3 3pet-enti al implefftentatien ee s t s e fie—reqairements—ef subs e e t ien --(-2+
34 ez�is s-eeti-e n. The elepartment, in eeepeEatieni 1-e eal };
c
35 �eveinnfftents, shall prepare a r epo-rs-ufFffaaa z i n the p r-e j eeteeee s ts,
36 T ti'�ete- with feE state funding assist-anee fer 0
M
37 4ffi n� } ' e—Eeprtte geveineie r and, Q
���ee- r-e�i-d
app3Fep3Fra fie—^------- - ---- of the senate and I�ieeeti e-f inepin--en^- ve =-1'
39 . ) )
p. 12 2 S S packet Pg. 58
1 Sec. 8 . RCW 36. 70B. 160 and 1995 c 347 s 420 are each amended to
2 read as follows :
3 (1) Each local government is encouraged to adopt further project
4 review and code provisions to provide prompt, coordinated review and
5 ensure accountability to applicants and the public ( ( , _neA:iidi+ n
0
6 e3�,pedimteel review fer pr-ej eet peLcmit applreatiemirs €er pr-ej cts that
Q
7 aLe—eens stent with ep t o el d evelepmertLneq,,Am a t i emirs—and within }h e
0
8 eepaeity ef systefftwide infLnastLnuetu ) ) by: 3
9 (a) Expediting review for project permit applications for
10 projects that are consistent with adopted development regulations; i
11 (b) Imposing reasonable fees, consistent with RCW 82 . 02 . 020, on )
12 applicants for permits or other governmental approvals to cover the aa�
13 cost to the city, town, county, or other municipal corporation of IL
c
14 processing applications, inspecting and reviewing plans, or preparing 4-
CD
15 detailed statements required by chapter 43 . 21C RCW. The fees imposed
m
CD
16 may not include a fee for the cost of processing administrative LL
17 appeals . Nothing in this subsection limits the ability of a county or E
m
18 city to impose a fee for the processing of administrative appeals as a
E
19 otherwise authorized by law;
20 (c) Entering into an interlocal agreement with another o
21 jurisdiction to share permitting staff and resources; E
am
22 (d) Maintaining and budgeting for on-call permitting assistance w
23 for when permit volumes or staffing levels change rapidly;
LO
24 (e) Having new positions budgeted that are contingent on :
25 increased permit revenue; N
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26 (f) Adopting development regulations which only require public
m
27 hearings for permit applications that are required to have a public
M
28 hearing by statute;
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29 (q) Adopting development regulations which make preapplication
30 meetings optional rather than a requirement of permit application
31 submittal;
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32 (h) Adopting development regulations which make housinca types an
33 outright permitted use in all zones where the housing type is
34 permitted; Cn
};
c
35 (i) Adopting a program to allow for outside professionals with m
E
36 appropriate professional licenses to certify components of 0
M
37 applications consistent with their license; or a
38 (1 ) Meeting with the applicant to attempt to resolve outstanding
39 issues during the review process . The meeting must be scheduled
40 within 14 days of a second request for corrections during permit
p. 13 2 S S packet Pg. 59
4.H.b
1 review. If the meeting cannot resolve the issues and a local
2 government proceeds with a third request for additional information
3 or corrections, the local government must approve or deny the
4 application upon receiving the additional information or corrections .
5 (2) (a) After January 1, 2026, a county or city must adopt a
0
6 additional measures under subsection (1) of this section at the time 'a
Q
7 of its next comprehensive plan update under RCW 36. 70A. 130 if it
0
8 meets the following conditions : 3
9 (i) The county or city has adopted at least three project review
10 and code provisions under subsection (1) of this section more than
11 five years prior; and )
12 (ii) The county or city is not meeting the permitting deadlines a0�
13 established in RCW 36. 70B. 080 at least half of the time over the a
c
14 period since its most recent comprehensive plan update under RCW ,F
aD
15 36. 70A. 130 . W
aD
aD
16 (b) A city or county that is required to adopt new measures under a
17 (a) of this subsection but fails to do so becomes subject to the E
m
18 provisions of RCW 36. 70B. 080 (1) (1) , notwithstanding RCW a
E
19 36. 70B. 080 (1) (1) (ii) . °
20 ( (+2+) ) (3) Nothing in this chapter is intended or shall be o
21 construed to prevent a local government from requiring a E
m
22 preapplication conference or a public meeting by rule, ordinance, or w
23 resolution.
LO
24 ( (+3+) ) (4) Each local government shall adopt procedures to :
25 monitor and enforce permit decisions and conditions . N
26 �'( (��) ) �� Nothing in this chapter modifies any independent _
m
27 statutory authority for a government agency to appeal a project
0
28 permit issued by a local government .
m
a�
0
29 NEW SECTION. Sec. 9 . A new section is added to chapter 36. 70B
45
30 RCW to read as follows :
31 (1) The department of commerce shall develop and provide
32 technical assistance and guidance to counties and cities in setting a00i
33 fee structures under RCW 36. 70B. 160 (1) to ensure that the fees are
c
34 reasonable and sufficient to recover true costs . The guidance must
35 include information on how to utilize growth factors or other 0
M
36 measures to reflect cost increases over time. a
37 (2) When providing technical assistance under subsection (1) of
38 this section, the department of commerce must prioritize local
p. 14 2 S S packet Pg. 60
1 governments that have implemented at least three of the options in
2 RCW 36. 70B. 160 (1) .
3 Sec. 10 . RCW 36. 70B. 110 and 1997 c 429 s 48 and 1997 c 396 s 1
4 are each reenacted and amended to read as follows : a
0
5 (1) Not later than April 1, 1996, a local government planning Q
6 under RCW 36. 70A. 040 shall provide a notice of application to the
0
7 public and the departments and agencies with jurisdiction as provided 3
8 in this section. If a local government has made a threshold
9 determination under chapter 43 . 21C RCW concurrently with the notice
10 of application, the notice of application may be combined with the d
11 threshold determination and the scoping notice for a determination of aa�
CL
12 significance. Nothing in this section prevents a determination of
c
13 significance and scoping notice from being issued prior to the notice 4-
CD
14 of application. Nothing in this section or this chapter prevents a
m
d
15 lead agency, when it is a project proponent or is funding a project, LL
16 from conducting its review under chapter 43 . 21C RCW or from allowing E
m
17 appeals of procedural determinations prior to submitting a project a
E
18 permit ( (app , ,t-_r) ) .
19 (2) The notice of application shall be provided within o
20 ( (men) ) 14 days after the determination of completeness as E
m
21 provided in RCW 36. 70B. 070 and, except as limited by the provisions w
22 of subsection (4) (b) of this section, ( ( 4 ) ) must include the
LO
23 following in whatever sequence or format the local government deems :
24 appropriate: N
LO
25 (a) The date of application, the date of the notice of completion _
26 for the application, and the date of the notice of application; m
27 (b) A description of the proposed project action and a list of c
m
28 the project permits included in the application and, if applicable, a
0
29 list of any studies requested under RCW 36. 70B. 070 ( (oLn 36 . VGG) ) ;
30 (c) The identification of other permits not included in the
31 application to the extent known by the local government;
32 (d) The identification of existing environmental documents that
33 evaluate the proposed project, and, if not otherwise stated on the
c
34 document providing the notice of application, such as a city land use
E
35 bulletin, the location where the application and any studies can be 0
M
36 reviewed; a
37 (e) A statement of the public comment period, which shall be not
38 less than fourteen nor more than thirty days following the date of
39 notice of application, and statements of the right of any person to
p. 15 2 S S packet Pg. 61
4.H.b
I comment on the application, receive notice of and participate in any
2 hearings, request a copy of the decision once made, and any appeal
3 rights . A local government may accept public comments at any time
4 prior to the closing of the record of an open record predecision
5 hearing, if any, or, if no open record predecision hearing is a
0
6 provided, prior to the decision on the project permit; 'a
Q
7 (f) The date, time, place, and type of hearing, if applicable and
0
8 scheduled at the date of notice of the application; 3
9 (g) A statement of the preliminary determination, if one has been
10 made at the time of notice, of those development regulations that
11 will be used for project mitigation and of consistency as provided in d
12 RCW 36. 70B. 030 (2) and 36. 70B. 040; and
13 (h) Any other information determined appropriate by the local 'a
c
14 government . ,F
d
15 (3) If an open record predecision hearing is required for the
m
d
16 requested project permits, the notice of application shall be LL
17 provided at least fifteen days prior to the open record hearing. E
m
18 (4) A local government shall use reasonable methods to give the a
E
19 notice of application to the public and agencies with jurisdiction
20 and may use its existing notice procedures . A local government may o
21 use different types of notice for different categories of project E
am
22 permits or types of project actions . If a local government by w
23 resolution or ordinance does not specify its method of public notice,
LO
24 the local government shall use the methods provided for in (a) and
25 (b) of this subsection. Examples of reasonable methods to inform the N
LO
26 public are:
27 (a) Posting the property for site-specific proposals; m
28 (b) Publishing notice, including at least the project location,
m
29 description, type of permit (s) required, comment period dates, and
0
30 location where the notice of application required by subsection (2)
45
31 of this section and the complete application may be reviewed, in the
Cn
32 newspaper of general circulation in the general area where the
33 proposal is located or in a local land use newsletter published by
34 the local government; ;
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35 (c) Notifying public or private groups with known interest in a
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36 certain proposal or in the type of proposal being considered; 0
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37 (d) Notifying the news media; a
38 (e) Placing notices in appropriate regional or neighborhood
39 newspapers or trade journals;
p. 16 2 S S packet Pg. 62
1 (f) Publishing notice in agency newsletters or sending notice to
2 agency mailing lists, either general lists or lists for specific
3 proposals or subject areas; and
4 (g) Mailing to neighboring property owners .
5 (5) A notice of application shall not be required for project a
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6 permits that are categorically exempt under chapter 43 . 21C RCW, a
7 unless an open record predecision hearing is required or an open
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8 record appeal hearing is allowed on the project permit decision. 3
9 (6) A local government shall integrate the permit procedures in
10 this section with ( (tea) ) environmental review under chapter 43 . 21C i
11 RCW as follows :
12 (a) Except for a threshold determination and except as otherwise aa�
13 expressly allowed in this section the local government may not issue a
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14 a decision or a recommendation on a project permit until the ,F
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15 expiration of the public comment period on the notice of application.
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16 (b) If an open record predecision hearing is required, the local LL
17 government shall issue its threshold determination at least fifteen E
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18 days prior to the open record predecision hearing. a
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19 (c) Comments shall be as specific as possible.
20 (d) A local government is not required to provide for o
21 administrative appeals of its threshold determination. If provided, E
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22 an administrative appeal ( ( l) ) must be filed within fourteen days w
23 after notice that the determination has been made and is appealable.
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24 Except as otherwise expressly provided in this section, the appeal
25 hearing on a threshold determination ( (fl�i fieanee shal- ) ) N
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26 must be consolidated with any open record hearing on the project =
27 permit . m
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28 (7) At the request of the applicant, a local government may
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29 combine any hearing on a project permit with any hearing that may be
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30 held by another local, state, regional, federal, or other agency, if:
31 (a) The hearing is held within the geographic boundary of the
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32 local government; and
33 (b) ( (The jeint hearingean be held within the of=pe _ed
34 speeifimeel in RGW 36. I0n . 090 ein the) ) The applicant agrees to the y
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35 schedule in the event that additional time is needed in order to E
36 combine the hearings . All agencies of the state of Washington,
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37 including municipal corporations and counties participating in a a
38 combined hearing, are hereby authorized to issue joint hearing
39 notices and develop a joint format, select a mutually acceptable
40 hearing body or officer, and take such other actions as may be
p. 17 2 S S packet Pg. 63
4.H.b
I necessary to hold joint hearings consistent with each of their
2 respective statutory obligations .
3 (8) All state and local agencies shall cooperate to the fullest
4 extent possible with the local government in holding a joint hearing
5 if requested to do so, as long as : a
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6 (a) The agency is not expressly prohibited by statute from doing a
7 so;
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8 (b) Sufficient notice of the hearing is given to meet each of the 3
9 agencies ' adopted notice requirements as set forth in statute,
10 ordinance, or rule; and
11 (c) The agency has received the necessary information about the 2
12 proposed project from the applicant to hold its hearing at the same aa�
13 time as the local g g government hearing a
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14 (9) A local government is not required to provide for
15 administrative appeals . If provided, an administrative appeal of the
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16 project decision and of any environmental determination issued at the a
17 same time as the project decision, shall be filed within fourteen E
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18 days after the notice of the decision or after other notice that the a
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19 decision has been made and is appealable. The local government shall
20 extend the appeal period for an additional seven days, if state or o
21 local rules adopted pursuant to chapter 43 . 21C RCW allow public E
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22 comment on a determination of nonsignificance issued as part of the w
23 appealable project permit decision.
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24 (10) The applicant for a project permit is deemed to be a
25 participant in any comment period, open record hearing, or closed N
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26 record appeal .
27 (11) Each local government planning under RCW 36. 70A. 040 shall m
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28 adopt procedures for administrative interpretation of its development
29 regulations .
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30 NEW SECTION. Sec. 11 . The department of commerce shall develop
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31 a template for counties and cities subject to the requirements in RCW
32 36. 70B. 080, which will be utilized for reporting data.
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33 NEW SECTION. Sec. 12 . The department of commerce shall develop
34 a plan to provide local governments with appropriately trained staff 0
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35 to provide temporary support or hard to find expertise for timely a
36 processing of residential housing permit applications . The plan shall
37 include consideration of how local governments can be provided with
38 staff that have experience with providing substitute staff support or
p. 18 2 S S packet Pg. 64
4.H.b
1 that possess expertise in permitting policies and regulations in the
2 local government ' s geographic area or with jurisdictions of the local
3 government ' s size or population. The plan and a proposal for
4 implementation shall be presented to the legislature by December 1,
5 2023 . a
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6 NEW SECTION. Sec. 13 . Section 7 of this act takes effect
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7 January 1, 2025 .
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Passed by the Senate April 17, 2023 .
Passed by the House April 10, 2023 . i
Approved by the Governor May 8, 2023 . m
Filed in Office of Secretary of State May 10, 2023 .
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--- END ---
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p. 19 2 S S packet Pg. 65
4.1
POLICE DEPARTMENT
Rafael Padilla, Police Chief
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-852-2121
DATE: November 5, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Washington Traffic Safety Commission Interagency
Agreement for the 2024-2025 Corridor Traffic Safety Project
- Authorize
MOTION: I move to accept grant funds in the amount of $125,000 from the
Washington Traffic Safety Commission for the 2024-2025 Corridor Traffic
Safety grant program, amend the budget, authorize expenditure of funds,
and authorize the Mayor to sign all necessary agreements and other
documents, subject to terms and conditions acceptable to the Chief of
Police and City Attorney.
SUMMARY: This project was developed in response to widespread public
engagement following a tragic high speed fatal crash resulting in the death of four
people. King County Target Zero Managers have worked with local municipalities to
develop a Corridor Traffic Safety Project: A 10.5-mile stretch of road on 140th Ave
SE/132nd Ave SE beginning at the intersection with SR 169 (north point), passing
SR 516 (mid-point) and terminating just before SR 18 interchange. Local
jurisdictional partners from the cities of Renton, Kent, and Auburn, and
unincorporated King County, approached the King County Target Zero Managers to
address this stretch of roadway following a deadly high-speed crash. There were
many community members, law enforcement agencies, elected leaders, educational
partners, and community-based organizations involved in scoping the project.
Multiple municipalities indicated a need for and commitment to engage in focused
traffic safety work along the identified corridor.
This grant project will fund a variety of initiatives supporting traffic safety
enhancement along this specific stretch of roadway. Hoping to reach a vast array of
community members, initiatives include delivering the Teen Target Zero training
program to high schools located along the corridor; implementing the Safest Ride
program to elementary schools, which focuses on young children riding in the back
seat; conducting high visibility speed enforcement one time per month; and
purchasing signage and educational materials to educate drivers on the dangers of
speed and the importance of traffic safety. The Washington Traffic Safety
Commission will also assist in gathering driver telematics data to help better
understand the driving issues along this roadway and highlighting areas where the
worst driving behaviors occur to better target intervention locations.
Packet Pg. 66
4.1
The one-year grant amount is $125,000. The Kent Police Department will serve as
the fiscal agent and Target Zero Manager responsible for administering the
program.
BUDGET IMPACT: Grant funding for a total of $125,000 over one-year period.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Interagency Agreement-2025-FG-5322-King County Traffic Safety Corridor
Support (PDF)
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INTERAGENCY AGREEMENT CU
BETWEEN THE
Washington Traffic Safety Commission 0
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Kent Police Department 0
2025-FG-5322-King County Traffic Safety Corridor Supportcc
THIS AGREEMENT is made and entered into by and between the Washington Traffic SafetyCU
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Commission, hereinafter referred to as "WTSC," and Kent Police Department, hereinafter referred to as
"SUB-RECIPIENT." _
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NOW THEREFORE, in consideration of the authority provided to WTSC in RCW 43.59 and RCW 39.34,
terms, conditions, covenants, and performance contained herein, or attached and incorporated and mad( N
a part hereof, the parties mutually agree as follows:
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1. PURPOSE OF THE AGREEMENT: LO
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The purpose of this Agreement is to provide funding, provided by the United States Department of N
Transportation (USDOT) National Highway Traffic Safety Administration (NHTSA) and allowed under the a'
Assistance Listing #20.600, for traffic safety grant project 2025-FG-5322-King County Traffic Safety E
Corridor Support.
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2. PERIOD OF PERFORMANCE
The period of performance of this Agreement shall commence upon the date of execution by both partieE
or October 01, 2024, whichever is later, and remain in effect until September 30, 2025, unless terminatec
sooner, as provided herein.
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3. STATEMENT OF WORK E
The SUB-RECIPIENT shall carry out the provisions of the traffic safety project described here as the
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Statement of Work (SOW). If the SUB-RECIPIENT is unable to fulfill the SOW in any manner on this
project, the SUB-RECIPIENT must contact the WTSC program manager immediately and discuss a in
potential amendment. All Federal and State regulations will apply.
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3.1 SCOPE OF WORK 0
3.1.1 Problem ID and/or Opportunity
0
This project was developed in response to widespread public engagement following a tragic high speed
fatal crash resulting in the death of four people. King County Target Zero Managers have worked with
local municipalities to develop a Corridor Traffic Safety Project: A 10.5-mile stretch of road is 140th Ave
SE/132nd Ave SE beginning at the intersection with SR 169 (north point), passing SR 516 (mid-point) c
and terminates just before SR 18 interchange. Local jurisdictional partners from Renton, Unincorporated a
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King County, Kent, and Auburn approached the region 7/8 Target Zero Managers to address this �
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dangerous roadway after a deadly high-speed crash killed four people. There were a large number of
community members, law enforcement agencies, elected leaders, educational partners, and community- o
based organizations involved in scoping the project. Multiple municipalities indicated a need for and
commitment to engage in focused traffic safety work along the identified corridor.
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3.1.2 Project Purpose and Strategies
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This project seeks to reduce speeding and the number of injuries and deaths among King County
community members along 140th Ave SE/132nd Ave SE corridor between Renton, Unincorporated King 0
County, Kent and Auburn.
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3.2 PROJECT GOALS M
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1) Strengthen the coordination of traffic safety initiatives, including the creation of educational materials, 4
with local jurisdictions, community partners, and law enforcement partners by September 30, 2025. N
2) Decrease the percent of drivers speeding, and the occurrence of serious injuries and deaths along the
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corridor in King County by September 30, 2025. E
3) Increase the deployment of monthly high visibility enforcement campaigns along the corridor in King aD
County, by September 30, 2025.
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3.2.1 The objectives, measures and timelines listed in Appendix A will be reviewed at least annually by I
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the designated contacts of the SUB-RECIPIENT and WTSC, and may be updated pursuant to clause 6 c
this AGREEMENT. For the purposes of this section only, the parties' DESIGNATED CONTACTS, as ;
listed in clause 42, are authorized to execute these amendments to Appendix A.
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3.3. COMPENSATION c°�
3.3.1 The cost of accomplishing the work described in the SOW will not exceed $125,000.00, for the d
entire period of performance, as allocated to each year of this agreement in Section 3.4 PROJECT (n
COSTS. Unspent contract funds from each year do NOT carry over into subsequent years and each
year's budget is independent of the others.
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3.3.2 Payment for satisfactory performance of the work shall not exceed this amount unless the parties c
mutually agree to a higher amount in a written Amendment to this Agreement executed by both parties. y
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3.3.3 After the first year, continuation is subject to funding availability, agreement on future objectives ani
measures, and satisfactory progress toward completion of agreed upon goals (as determined by WTSC);
as set forth in the SOW.
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3.3.4 If the SUB-RECIPIENT intends to charge indirect costs, an Indirect Cost Rate must be established in
in accordance with WTSC policies, and an approved cost allocation plan may be required to be submittei -L°0
to the WTSC before any performance is conducted under this Agreement. Indirect cost rates are subject .o
to change based on updated Indirect Rate Letters from a cognizant federal agency or approved cost
allocation plans. If the indirect rate increases, the budget will be modified by deducting the amount of the
indirect rate increase from other budget categories so that the total budget does not increase. The total Cn
budget may not increase without an amendment to this agreement executed by both parties.
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3.3.5 WTSC will only reimburse the SUB-RECIPIENT for travel related expenses for travel defined in the r
scope of work and budget or for which approval was expressly granted. The SUB-RECIPIENT must 0
submit a travel authorization form (A-40) to request approval for any travel not defined in the SOW and c
for all travel outside of the continental United States. Y
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3.3.6 WTSC will reimburse travel related expenses consistent with the written travel policies of the SUB-
RECIPIENT. If no written policy exists, state travel rates and policies (SAAM Chapter 10) apply. If WTSC
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makes travel arrangements on behalf of the SUB-RECIPIENT, state travel policies must also be followed N
Washington State Administrative & Accounting Manual (SAAM) Chapter 10 can be obtained at this
website: https://www.ofm.wa.gov/sites/default/files/public/legacy/policy/l0.htm. If for any reason, this E
information is not available at this website, contact the WTSC office at 360-725-9860 to obtain a copy. If
following state travel policies, the SUB-RECIPIENT must provide appropriate documentation (receipts) tc
support reimbursement requests, including the A-40 Travel Authorization form if required.
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3.3.7. Any equipment that will be purchased under this agreement with a purchase price over $5,000
must be pre-approved by NHTSA prior to purchase. Pre-approval must also be gained if funding from thi.,
agreement is used to purchase a portion of an item with a purchase price of$5,000 or higher. Approval E
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for these purchases will be facilitated by WTSC. WTSC will notify the SUB-RECIPIENT when approval E
has been gained or denied. Failure to receive pre-approval will preclude reimbursement. SUB- U
RECIPIENT will provide WTSC with purchase price, quote, manufacturer, description of its use in the
project, and documentation showing that it is made in America. Any equipment purchased with NHTSA cn
funds, must be used exclusively for traffic safety purposes or the cost must be pro-rated.
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3.3.8. All equipment must be inventoried by the SUB-RECIPIENT. The SUB-RECIPIENT agrees to c
maintain the equipment, continue to use it for project purposes, and report on its status to WTSC each
year when requested. N
3.3.9. Equipment is defined as any asset with a useful life greater than one year AND a unit cost of
$5,000 or greater, and small and attractive assets. Small and attractive assets are the following if they a
unit cost of $300 or more:
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• Laptops and Notebook Computers cn
• Tablets and Smart phones 0
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Small and attractive assets also include the following if they have a unit cost of $1000 or more:
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• Optical Devices, Binoculars, Telescopes, Infrared Viewers, and Rangefinders cn
• Cameras and Photographic Projection Equipment
• Desktop Computers (PCs)
• Television Sets, DVD Players, Blu-ray Players and Video Cameras (home type) r
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3.4 PROJECT COSTS N
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The costs for the work under the SOW to be provided by the SUB-RECIPIENT are as follows:
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Year 1: $125,000.00 r
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APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS:
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4. ACTIVITY REPORTS
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The SUB-RECIPIENT will submit progress reports on the activity of this project in the form provided by =
the WTSC using the WTSC Enterprise Management System (WEMS) Progress Reporting process or
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other alternate means pre-approved by WTSC. The SUB-RECIPIENT will include copies of publications, E
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training reports, advertising, social media posts, meeting agendas, and any statistical data generated in 0
project execution in the reports. The final report will be submitted to WTSC within 30 days of termination
4"of this Agreement. WTSC reserves the right to delay the processing of invoices until activity reports are cn
received and approved.
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5. ADVANCE PAYMENTS PROHIBITED c
No payments in advance of or in anticipation of goods or services to be provided under this Agreement
shall be made by the WTSC. N
6. AGREEMENT ALTERATIONS AND AMENDMENTS r
This Agreement may be amended by mutual agreement of the parties in the form of a written Amendmer
to this Agreement. Such amendments shall only be binding if they are in writing and signed by personnel L
authorized to bind each of the parties. a
7. ALL WRITINGS CONTAINED HEREIN 0
This Agreement contains all the terms and conditions agreed upon by the parties. No other o
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to
exist or to bind any of the parties hereto.
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8. SUBCONTRACTING REQUIREMENTS
The SUB-RECIPIENT may not assign the work to be provided under this Agreement, in whole or in part,
without the express prior written consent of the WTSC, which consent shall not be unreasonably withhelc
The SUB-RECIPIENT shall provide the WTSC a copy of all third-party contracts and agreements enterec
into for purposes of fulfilling the SOW. Such third-party contracts and agreements must follow applicable
federal, state, and local law, including but not limited to procurement law, rules, and procedures. If any of Y
the funds provided under this Agreement include funds from NHTSA, such third-party contracts and M
agreements must include the federal provisions set forth in this Agreement in sections 33 through 42.
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9. ATTORNEYS' FEES o
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In the event of litigation or other action brought to enforce the Agreement terms, each party agrees to
bear its own attorney fees and costs. E
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10. BILLING PROCEDURE a
The SUB-RECIPIENT shall submit monthly invoices for reimbursement to WTSC with supporting
documentation as WTSC shall require. All invoices for reimbursement shall be submitted through the
WEMS invoicing process, or via alternate method if approved by WTSC. Payment to the SUB-
RECIPIENT for approved and completed work will be made by warrant or account transfer by WTSC c
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within 30 days of receipt of such properly documented invoices acceptable to WTSC. Upon expiration of
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the Agreement, any claim for payment not already made shall be submitted within 45 days after the E
expiration date of this Agreement. All invoices for goods received or services performed on or prior to U
June 30, must be received by WTSC no later than August 10 of the same calendar year. All invoices for
4"goods received or services performed between July 1 and September 30, must be received by WTSC nc Cn
later than November 15 of the same calendar year. WTSC reserves the right to delay the processing of
invoices until activity reports required by Section 4 of this agreement, are received and approved.
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11. CONFIDENTIALITY / SAFEGUARDING OF INFORMATION
The SUB-RECIPIENT shall not use or disclose any information concerning the WTSC, or information N
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which may be classified as confidential, for any purpose not directly connected with the administration of 3:
this Agreement, except with prior written consent of the WTSC, or as may be required by law.
12. COST PRINCIPLES L
Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E.
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13. COVENANT AGAINST CONTINGENT FEES o
The SUB-RECIPIENT warrants that it has not paid, and agrees not to pay, any bonus, commission, o
brokerage, or contingent fee to solicit or secure this Agreement or to obtain approval of any application
for federal financial assistance for this Agreement. The WTSC shall have the right, in the event of breach
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of this section by the SUB-RECIPIENT, to annul this Agreement without liability. N
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14. DISPUTES
14.1. Disputes arising in the performance of this Agreement, which are not resolved by agreement of the
parties, shall be decided in writing by the WTSC Deputy Director or designee. This decision shall be final
and conclusive, unless within 10 days from the date of the SUB-RECIPIENT's receipt of WTSC's written
decision, the SUB-RECIPIENT furnishes a written appeal to the WTSC Director. The SUB-RECIPIENT's Y
appeal shall be decided in writing by the Director or designee within 30 days of receipt of the appeal by M
the Director. The decision shall be binding upon the SUB-RECIPIENT and the SUB-RECIPIENT shall
abide by the decision. LO
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14.2. Performance During Dispute. Unless otherwise directed by WTSC, the SUB-RECIPIENT shall
continue performance under this Agreement while matters in dispute are being resolved. E
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14.3 In the event that either Party deems it necessary to institute legal action or proceedings to enforce a
any right or obligation under this Agreement, the Parties hereto agree that any such action or
proceedings shall be brought in the superior court situated in Thurston County, Washington.
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15. GOVERNANCE E
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15.1. This Agreement is entered into pursuant to and under the authority granted by the laws of the state
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of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to E
conform to those laws.
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15.2. In the event of an inconsistency in the terms of this Agreement, or between its terms and any M
applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order
15.2.1. Applicable federal and state statutes and rules
15.2.2. Terms and Conditions of this Agreement c
15.2.3. Any Amendment executed under this Agreement
15.2.4. Any SOW executed under this Agreement y
15.2.5. Any other provisions of the Agreement, including materials incorporated by reference
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16. INCOME r
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Any income earned by the SUB-RECIPIENT from the conduct of the SOW (e.g., sale of publications, r_
registration fees, or service charges) must be accounted for, reported to WTSC, and that income must bE a
applied to project purposes or used to reduce project costs. Cn
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17. INDEMNIFICATION E
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17.1. To the fullest extent permitted by law, the SUB-RECIPIENT shall indemnify and hold harmless the
WTSC, its officers, employees, and agents, and process and defend at its own expense any and all
claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs of whatsoever kind N
("claims") brought against WTSC arising out of or in connection with this Agreement and/or the SUB-
RECIPIENT's performance or failure to perform any aspect of the Agreement. This indemnity provision
applies to all claims against WTSC, its officers, employees, and agents arising out of, in connection with, r
or incident to the acts or omissions of the SUB-RECIPIENT, its officers, employees, agents, contractors, 0
and subcontractors. Provided, however, that nothing herein shall require the SUB-RECIPIENT to
indemnify and hold harmless or defend the WTSC, its agents, employees, or officers to the extent that Y
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claims are caused by the negligent acts or omissions of the WTSC, its officers, employees or agents; an( M
provided further that if such claims result from the concurrent negligence of (a) the SUB-RECIPIENT, its
officers, employees, agents, contractors, or subcontractors, and (b) the WTSC, its officers, employees, oLO
agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein N
shall be valid and enforceable only to the extent of the negligence of the SUB-RECIPIENT, its officers,
employees, agents, contractors, or subcontractors. E
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17.2. The SUB-RECIPIENT agrees that its obligations under this Section extend to any claim, demand
and/or cause of action brought by, or on behalf of, any of its employees or agents in the performance of
this agreement. For this purpose, the SUB-RECIPIENT, by mutual negotiation, hereby waives with
respect to WTSC only, any immunity that would otherwise be available to it against such claims under thi
Industrial Insurance provisions chapter 51.12 RCW.
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17.3. The indemnification and hold harmless provision shall survive termination of this Agreement. E
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18. INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this Agreement shall rn
continue to be employees or agents of that party and shall not be considered for any purpose to be
employees or agents of the other party.
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19. INSURANCE COVERAGE c
19.1. The SUB-RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial Insurance, if y
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required by law.
19.2. If the SUB-RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prio
to the start of any performance of work under this Agreement, the SUB-RECIPIENT shall provide WTSC
with proof of insurance coverage (e.g., vehicle liability insurance, private property liability insurance, or a
commercial property liability insurance), as determined appropriate by WTSC, which protects the SUB- in
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RECIPIENT and WTSC from risks associated with executing the SOW associated with this Agreement. -0
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20. LICENSING, ACCREDITATION, AND REGISTRATION
The SUB-RECIPIENT shall comply with all applicable local, state, and federal licensing, accreditation, 2
and registration requirements and standards necessary for the performance of this Agreement. The SUB n
RECIPIENT shall complete registration with the Washington State Department of Revenue, if required,
and be responsible for payment of all taxes due on payments made under this Agreement. 2
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21. RECORDS MAINTENANCE 0
21.1. During the term of this Agreement and for six years thereafter, the SUB-RECIPIENT shall maintain c
books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect Y
costs expended in the performance of the services described herein. These records shall be subject to M
inspection, review, or audit by authorized personnel of the WTSC, the Office of the State Auditor, and
federal officials so authorized by law. All books, records, documents, and other material relevant to thisLO
Agreement will be retained for six years after expiration. The Office of the State Auditor, federal auditors, N
the WTSC, and any duly authorized representatives shall have full access and the right to examine any c
these materials during this period. E
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21.2. Records and other documents, in any medium, furnished by one party to this Agreement to the
other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party
will not disclose or make available this material to any third parties without first giving notice to the
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furnishing party and giving them a reasonable opportunity to respond. Each party will utilize reasonable
security procedures and protections to assure that records and documents provided by the other party ;
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are not erroneously disclosed to third parties.
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22. RIGHT OF INSPECTION 0
The SUB-RECIPIENT shall provide right of access to its facilities to the WTSC or any of its officers, or to
any other authorized agent or official of the state of Washington or the federal government, at all M
reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance
under this Agreement. The SUB-RECIPIENT shall make available information necessary for WTSC to
comply with the right to access, amend, and receive an accounting of disclosures of their Personal
Information according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any
regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washingtoi
State law. The SUB-RECIPIENT shall upon request make available to the WTSC and the United States
Secretary of the Department of Health and Human Services all internal policies and procedures, books,
and records relating to the safeguarding, use, and disclosure of Personal Information obtained or used a.,
a result of this Agreement. _
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23. RIGHTS IN DATA Cn
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23.1. WTSC and SUB-RECIPIENT agree that all data and work products (collectively called "Work
Product") pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright c
Act, 17 USC §101 et seq., and shall be owned by the state of Washington. Work Product includes, but is >%
not limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies,
computer programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, n
and/or databases to the extent provided by law. Ownership includes the right to copyright, register the
copyright, distribute, prepare derivative works, publicly perform, publicly display, and the ability to
otherwise use and transfer these rights. ;
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23.2. If for any reason the Work Product would not be considered a work made for hire under applicable
law, the SUB-RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all N
rights in the Work Product and any registrations and copyright applications relating thereto and any M
renewals and extensions thereof. c�
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23.3. The SUB-RECIPIENT may publish, at its own expense, the results of project activities without prior N
review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment a
of the support provided by NHTSA and the WTSC. Any discovery or invention derived from work
performed under this project shall be referred to the WTSC, who will determine through NHTSA whether a
patent protections will be sought, how any rights will be administered, and other actions required to
protect the public interest.
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24. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
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after the effective date of this Agreement and prior to completion of the SOW under this Agreement, the E
WTSC may terminate the Agreement under the "TERMINATION FOR CONVENIENCE" clause, without 00
the 30 day notice requirement. The Agreement is subject to renegotiation at the WTSC's discretion under
any new funding limitations or conditions. Cn
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25. SEVERABILITY L
If any provision of this Agreement or any provision of any document incorporated by reference shall be c
held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given
effect without the invalid provision, if such remainder conforms to the requirements of applicable law and y
the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declare �m:
to be severable.
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26. SITE SECURITY
While on WTSC premises, or while interacting with WTSC's personnel, the SUB-RECIPIENT, its agents, a
employees, or sub-contractors shall conform in all respects with all WTSC physical, fire, or other security in
policies and applicable regulations and not interfere with WTSC's operations. `0
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27. TAXES
All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other such
expenses for the SUB-RECIPIENT or its staff shall be the sole responsibility of the SUB-RECIPIENT. in
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28. TERMINATION FOR CAUSE 2
If the SUB-RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreement
or violates any of these terms and conditions, the WTSC will give the SUB-RECIPIENT written notice of 00
such failure or violation, and may terminate this Agreement immediately. At the WTSC's discretion, the
SUB-RECIPIENT may be given 15 days to correct the violation or failure. In the event that the SUB- Y
RECIPIENT is given the opportunity to correct the violation and the violation is not corrected within the M
15-day period, this Agreement may be terminated at the end of that period by written notice of the WTSC
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29. TERMINATION FOR CONVENIENCE o
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Except as otherwise provided in this Agreement, either party may terminate this Agreement, without
cause or reason, with 30 days written notice to the other party. If this Agreement is so terminated, the E
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WTSC shall be liable only for payment required under the terms of this Agreement for services rendered 2
or goods delivered prior to the effective date of termination. a
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30. TREATMENT OF ASSETS
30.1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property
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furnished by the SUB-RECIPIENT for the cost of which the SUB-RECIPIENT is entitled to be reimbursed ;
as a direct item of cost under this Agreement shall pass to and vest in the WTSC upon delivery of such E
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property by the SUB-RECIPIENT. Title to other property, the cost of which is reimbursable to the SUB- E
RECIPIENT under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such ci
property in the performance of this Agreement, or (ii) commencement of use of such property in the
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performance of this Agreement, or (iii) reimbursement of the cost thereof by the WTSC in whole or in par Cn
whichever first occurs.
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30.2. Any property of the WTSC furnished to the SUB-RECIPIENT shall, unless otherwise provided c
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herein or approved by the WTSC, be used only for the performance of this Agreement.
30.3. The SUB-RECIPIENT shall be responsible for any loss or damage to property of the WTSC which
results from the negligence of the SUB-RECIPIENT or which results from the failure on the part of the r
SUB-RECIPIENT to maintain and administer that property in accordance with sound management
practices. L
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30.4. If any WTSC property is lost, destroyed, or damaged, the SUB-RECIPIENT shall immediately notify
the WTSC and shall take all reasonable steps to protect the property from further damage. 0
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30.5. The SUB-RECIPIENT shall surrender to the WTSC all property of the WTSC prior to settlement,
upon completion, termination, or cancellation of this Agreement.
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30.6. All reference to the SUB-RECIPIENT under this clause shall also include SUB-RECIPIENT's
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employees, agents, or sub-contractors.
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31. STATE NONDISCRIMINATION 0
31.1 Nondiscrimination Requirement. During the term of this Contract, Contractor, including any U,
subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, Y
Contractor, including any subcontractor, shall give written notice of this nondiscrimination requirement to M
any labor organizations with which Contractor, or subcontractor, has a collective bargaining or other
agreement.
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31.2 Obligation to Cooperate. Contractor, including any subcontractor, shall cooperate and comply with
any Washington state agency investigation regarding any allegation that Contractor, including any E
subcontractor, has engaged in discrimination prohibited by this Contract pursuant to RCW 49.60.530(3). L
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31.3 Default. Notwithstanding any provision to the contrary, WTSC may suspend Contractor, including
any subcontractor, upon notice of a failure to participate and cooperate with any state agency a,
investigation into alleged discrimination prohibited by this Contract, pursuant to RCW 49.60.530(3). Any
such suspension will remain in place until WTSC receives notification that Contractor, including any E
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subcontractor, is cooperating with the investigating state agency. In the event Contractor, or
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subcontractor, is determined to have engaged in discrimination identified at RCW 49.60.530(3), WTSC E
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may terminate this Contract in whole or in part, and Contractor, subcontractor, or both, may be referred 0
for debarment as provided in RCW 39.26.200. The Contractor or subcontractor may be given a
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reasonable time in which to cure this noncompliance, including implementing conditions consistent with cn
any court-ordered injunctive relief or settlement agreement.
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31.4 Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Contract c
termination or suspension for engaging in discrimination, Contractor, subcontractor, or both, shall be
liable for contract damages as authorized by law including, but not limited to, any cost difference betweei N
the original contract and the replacement or cover contract and all administrative costs directly related to 30:
the replacement contract, which damages are distinct from any penalties imposed under Chapter 49.60,
RCW. WTSC shall have the right to deduct from any monies due to Contractor or subcontractor, or that
thereafter become due, an amount for damages Contractor or subcontractor will owe WTSC for default
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32. WAIVER 0
A failure by either party to exercise its rights under this Agreement shall not preclude that party from o
subsequent exercise of such rights and shall not constitute a waiver of any other rights under this
Agreement.
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APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 CFR
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PART 1300 APPENDIX A):
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33. BUY AMERICA ACT 0
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The SUB-RECIPIENT will comply with the Buy America requirement (23 U.S.C. 313) when purchasing
items using federal funds. Buy America requires the SUB-RECIPIENT to purchase only steel, iron, and Y
manufactured products produced in the United States, unless the Secretary of Transportation determine, M
that such domestically produced items would be inconsistent with the public interest, that such materials L9
are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will
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increase the cost of the overall project contract by more than 25 percent. In order to use federal funds to N
purchase foreign produced items, the WTSC must submit a waiver request that provides an adequate
basis and justification, and which is approved by the Secretary of Transportation. E
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34. DEBARMENT AND SUSPENSION a
Instructions for Lower Tier Certification
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34.1. By signing this Agreement, the SUB-RECIPIENT (hereinafter in this section referred to as the 10WE +;
tier participant") is providing the certification set out below and agrees to comply with the requirements of cr
2 CFR part 180 and 23 CFR part 1200.
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34.2. The certification in this section is a material representation of fact upon which reliance was placed 0
when this transaction was entered into. If it is later determined that the lower tier participant knowingly W
rendered an erroneous certification, in addition to other remedies available to the federal government, the N
department or agency with which this transaction originated may pursue available remedies, including
suspension and/or debarment. L
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34.3. The lower tier participant shall provide immediate written notice to the WTSC if at any time the IOWE
tier participant learns that its certification was erroneous when submitted or has become erroneous by y
reason of changed circumstances.
34.4. The terms covered transaction, civil judgement, debarment, suspension, ineligible, participant,
person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and
1200. 0.
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34.5. The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into any `o
lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpai 'L
9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered 00
transaction, unless authorized by WTSC.
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34.6. The lower tier participant further agrees by signing this Agreement that it will include the clause
titled "Instructions for Lower Tier Certification" including the "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without modification .
in all lower tier covered transactions and in all solicitations for lower tier covered transactions, and will 0
require lower tier participants to comply with 2 CFR part 180 and 23 CFR part 1200.
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34.7. A participant in a covered transaction may rely upon a certification of a prospective participant in a M
lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, c2
debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows the 4
the certification is erroneous. A participant is responsible for ensuring that its principals are not N
suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility
of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, E
but is not required to, check the System for Award Management Exclusions website L
(https://www.sam.gov/). a
34.8. Nothing contained in the foregoing shall be construed to require establishment of a system of
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records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
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34.9. Except for transactions authorized under paragraph 34.5. of these instructions, if a participant in a 0
covered transaction knowingly enters into a lower tier covered transaction with a person who is proposec
for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded n
from participation in this transaction, in addition to other remedies available to the Federal government,
the department or agency with which this transaction originated may pursue available remedies, includini
suspension or debarment. c
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Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower TierCU
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Covered Transactions
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34.10. The lower tier participant certifies, by signing this Agreement, that neither it nor its principals are
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded frorr L
participation in this transaction by any federal department or agency. a
33.11. Where the lower tier participant is unable to certify to any of the statements in this certification, 0
such participant shall attach an explanation to this Agreement.
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35. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
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35.1. The SUB-RECIPIENT shall: CU
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35.1.1 . Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the SUB-RECIPIENT'S workplace, and shal
specify the actions that will be taken against employees for violation of such prohibition. 0
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35.1.2. Establish a drug-free awareness program to inform employees about the dangers of drug abuse Y
in the workplace; the SUB-RECIPIENT's policy of maintaining a drug-free workplace; any available drug N
counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed
upon employees for drug violations occurring in the workplace.
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35.1.3. Make it a requirement that each employee engaged in the performance of the grant be given a r
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copy of the statement required by paragraph 35.1.1. of this section.
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35.1.4. Notify the employee in the statement required by paragraph 35.1.1 . of this section that, as a a
condition of employment under the grant, the employee will abide by the terms of the statement, notify th
employer of any criminal drug statute conviction for a violation occurring in the workplace no later than
five days after such conviction, and notify the WTSC within 10 days after receiving notice from an
employee or otherwise receiving actual notice of such conviction. E
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35.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 35.1 .4. of E
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this section, with respect to any employee who is so convicted: take appropriate personnel action agains 0
such an employee, up to and including termination, and/or require such employee to participate
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satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a cn
federal, state, or local health, law enforcement, or other appropriate agency.
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35.1.6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of c
all of the paragraphs above.
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36. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)
In accordance with FFATA, the SUB-RECIPIENT shall, upon request, provide WTSC the names and tote r
compensation of the five most highly compensated officers of the entity, if the entity in the preceding
fiscal year received 80 percent or more of its annual gross revenues in federal awards, received L
$25,000,000 or more in annual gross revenues from federal awards, and if the public does not have a
access to information about the compensation of the senior executives of the entity through periodic cn
reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the
Internal Revenue Code of 1986. o
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37. FEDERAL LOBBYING
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37.1. The undersigned certifies, to the best of his or her knowledge and belief, that: N
37.1.1 . No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connectio
with the awarding of any federal contract, the making of any federal grant, the making of any federal loan
the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, o Y
modification of any federal contract, grant, loan, or cooperative agreement. M
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37.1.2. If any funds other than federal appropriated funds have been paid or will be paid to any person fo
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influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an N
officer or employee of Congress, or an employee of a Member of Congress in connection with this federe
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard E
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Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions.
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37.1.3. The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under grant,
loans, and cooperative agreements), and that all sub-recipients shall certify and disclose accordingly.
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37.2. This certification is a material representation of fact upon which reliance was placed when this
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transaction was made or entered into. Submission of this certification is a prerequisite for making or E
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entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file 0
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
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$100,000 for each such failure. cn
38. FEDERAL NONDISCRIMINATION (Title VI, 42 U.S.C. § 2000d et seq.)
38.1. During the performance of this Agreement, the SUB-RECIPIENT agrees: c
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38.1.1 . To comply with all federal statutes and implementing regulations relating to nondiscrimination N
("Federal Nondiscrimination Authorities"). These include but are not limited to: �
38.1.1 .1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252 r
38.1.1 .2. 49 CFR part 21
38.1.1 .3. 28 CFR section 50.3 L
38.1.1 .4. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 a
38.1.1 .5. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.) cn
38.1.1 .6. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.) 0
38.1.1 .7. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.) o
38.1.1 .8. The Civil Rights Restoration Act of 1987
38.1.1 .9. Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189)
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38.1.1 .10. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority N
Populations and Low-Income Populations
38.1.1 .11. Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency 3
38.1.1 .12. Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities 0
through the Federal Government
38.1.1 .13. Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender N
Identity or Sexual Orientation
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38.1.2. Not to participate directly or indirectly in the discrimination prohibited by any federal nonLO
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discrimination law or regulation, as set forth in Appendix B of 49 CFR Part 21 and herein. N
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38.1.3. To keep and permit access to its books, records, accounts, other sources of information, and its E
facilities as required by the WTSC, USDOT, or NHTSA in a timely, complete, and accurate way.
Additionally, the SUB-RECIPIENT must comply with all other reporting, data collection, and evaluation
requirements, as prescribed by law or detailed in program guidance.
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38.1.4. That, in the event a contractor/funding recipient fails to comply with any nondiscrimination
provisions in this contract/funding Agreement, the WTSC will have the right to impose such
contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to
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withholding payments to the contractor/funding recipient under the contract/agreement until the E
contractor/funding recipient complies, and/or cancelling, terminating, or suspending a contract or funding ci
agreement, in whole or in part.
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38.1.5. In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy,
memoranda, and/or guidance, the SUB-RECIPIENT hereby gives assurance that it will promptly take and
measures necessary to ensure that: "No person in the United States shall, on the grounds of race, color, c
or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected c
to discrimination under any program or activity, for which the Recipient receives Federal financial
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assistance from DOT, including NHTSX. 3:
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38.1.6 To insert this clause, including all paragraphs, in every sub-contract and sub-agreement and in
every solicitation for a sub-contract or sub-agreement that receives federal funds under this program. o
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39. POLITICAL ACTIVITY (HATCH ACT) cn
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The SUB-RECIPIENT will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limit the �0
political activities of employees whose principal employment activities are funded in whole or in part with .o
federal funds.
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40. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE N
The SUB-RECIPIENT will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage E
or to create checkpoints that specifically target motorcyclists. This Agreement does not include any
aspects or elements of helmet usage or checkpoints, and so fully complies with this requirement.
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41. STATE LOBBYING
None of the funds under this Agreement will be used for any activity specifically designed to urge or Y
influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal M
pending before any state or local legislative body. Such activities include both direct and indirect (e.g.,
"grassroots") lobbying activities, with one exception. This does not preclude a state official whose salary
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is supported with NHTSA funds from engaging in direct communications with state or local legislative N
officials, in accordance with customary state practice, even if such communications urge legislative
officials to favor or oppose the adoption of a specific pending legislative proposal. E
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42. CERTIFICATION ON CONFLICT OF INTEREST a
General Requirements
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42.1. No employee, officer or agent of the SUB-RECIPIENT who is authorized in an official capacity to c
negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving any r
subaward, including contracts or subcontracts, in connection with this grant shall have, directly or
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indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest E
would arise when the employee, officer, or agent, any member of his or her immediate family, his or her ci
partner, or an organization which employs or is about to employ any of the parties indicated herein, has E
financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. cn
42.2. Based on this policy:
42.2.1 . The SUB-RECIPIENT shall maintain a written code or standards of conduct that provide for 0
disciplinary actions to be applied for violations of such standards by officers, employees, or agents. The
code or standards shall provide that the SUB-RECIPIENT's officers, employees, or agents may neither N
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solicit nor accept gratuities, favors, or anything of monetary value from present or potential sub-
awardees, including contractors or parties to subcontracts and establish penalties, sanctions or other
disciplinary actions for violations, as permitted by State or local law or regulation.
42.2.2. The SUB-RECIPIENT shall maintain responsibility to enforce the requirements of the written codE o
or standards of conduct. a
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Disclosure Requirements 0
42.3. No SUB-RECIPIENT, including its officers, employees or agents, shall perform or continue to 0
perform under a grant or cooperative agreement, whose objectivity may be impaired because of any ;,
related past, present, or currently planned interest, financial or otherwise, in organizations regulated by 1-
NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. n
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42.3.1 . The SUB-RECIPIENT shall disclose any conflict of interest identified as soon as reasonably
possible, making an immediate and full disclosure in writing to WTSC. The disclosure shall include a 3
description of the action which the recipient has taken or proposes to take to avoid or mitigate such
conflict.
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42.3.2. NHTSA will review the disclosure and may require additional relevant information from the M
recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine 0
that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provision: LO
to mitigate or avoid such conflict. N
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43.3.3 Conflicts of interest that require disclosure include all past, present or currently planned E
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organizational, financial, contractual or other interest(s) with an organization regulated by NHTSA or with
an organization whose interests may be substantially affected by NHTSA activities, and which are relate(
to this award. The interest(s) that require disclosure include those of any SUB-RECIPIENT, affiliate,
proposed consultant, proposed subcontractor and key personnel of any of the above. Past interest shall
be limited to within one year of the date of award. Key personnel shall include any person owning more
than a 20 percent interest in a SUB-RECIPIENT, and the officers, employees or agents of a recipient whi
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are responsible for making a decision or taking an action under an award where the decision or action E
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can have an economic or other impact on the interests of a regulated or affected organization.
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43. DESIGNATED CONTACTS
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The following named individuals will serve as designated contacts for each of the parties for all
communications, notices, and reimbursements regarding this Agreement:
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The Contact for the SUB-RECIPIENT is: The Contact for WTSC is: N
Sara Wood Janine Koffel
swood@kentwa.gov jkoffel@wtsc.wa.gov
253-856-5856 360-725-9860 ext.
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44. AUTHORITY TO SIGN
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The undersigned acknowledge that they are authorized to execute this Agreement and bind their
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respective agencies or entities to the obligations set forth herein.
IN WITNESS WHEREOF, the parties have executed this Agreement.
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WASHINGTON TRAFFIC SAFETY COMMISSION
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Signature
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APPENDIX A °
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Project Costs
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Year 1 ~
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Indirect
BUDGET DESCRIPTION DIRECT Cost Indirect Total
CATEGORY AMOUNT Rate Amount Budget
Employee
salaries and TZM position + HVE officer hours $58,800.00 0%p $0.00 $58,800.00 a
benefits
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Travel $0.00 0% $0.00 $0.00 °
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Educational campaign U
Contract development/deployment, Road °
Services signage, community engagement, $66,200.00 0/o $0.00 $66,200.00 N
telematics data purchase
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Goods and
$0.00 0% $0.00 $0.00 r
Services
0
Equipment $0.00 0% $0.00 $0.00 v
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TOTAL $125,000.00 $0.00 $125,000.00 N
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Employee salaries and Benefits: N
Kent TZM ($10,800) project management, HVE enforcement ($40,000), and staff time to implement Teer N
Target Zero ($8,000).
Contract Services: E
Educational campaign development and deployment campaign ($10,000) may include
brochures/informational materials for young drivers/parents, Safest Ride promotion at the elementary scl GIs
along the corridor, materials to hand out at community meetings, some sort of GIS or geocache targeting
Pandora, FB, others about safety for those who live in the GIS area and general media outreach; focus is 001
Slower is Safer messaging and young driver outreach. These funds are ineligible for local expenditure
consideration.
Road safety signage ($56,200) to educate drivers about laws and driving safely which may include
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flat/reflective road signs, flashing beacons, school zone signs, dynamic sign (no right turn on red, etc.) ar E
lawn signs. Community engagement activities to identify the types and locations of signs may also be
included.
Telematics data may include purchasing reports.
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Important Notes:
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1. Indirect cost rates are subject to change based on updated Indirect Rate Letters from a cognizant fede o
agency or approved cost allocation plans. If the indirect rate increases, the budget will be modified by
deducting the amount of the indirect rate increase from other budget categories so that the total budget d
not increase.
2. The total annual budget may not increase without a written amendment to this agreement executed by
both parties.
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3. Adjustments between budget categories within the same year can be made upon mutual agreement o- cn
contact for WTSC and the contact for the SUB-RECIPIENT. o
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Objectives and Measures U)
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Goal 1 - Strengthen the coordination of traffic safety initiatives, including the creatic
of educational materials, with local jurisdictions, community partners, and law U
enforcement partners by September 30, 2025. Y
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Objective Objective Details Completion Di
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Develop and implement an educational N
campaign to reduce speeding, injuries, and
deaths along the corridor through the Renton, 09/30/2025
Unincorporated King County, Kent and Auburn ;v
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regions. Q
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Deploy multiple youth education programs to a,
support safe driving and occupant protection
including 1) Teen Target Zero: focusing on
Kentwood and Kentridge High schools, 2) Efforts will span the 2024-2025 and a portion
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Teens in the Driver's Seat: focusing on all 09/30/2025 E
middle schools, high schools, and colleges of the 2025-2026 school years. c
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within the corridor area, 3) Safest Ride
program to support occupant protect at 2-3
elementary schools along the corridor. Cn
Convene all local jurisdictional partners
quarterly to support speed reduction planning c
including local engineering groups, law 0
enforcement, EMS, trauma hospitals, 09/30/2025
community partners, target zero managers,
and other partners as appropriate.
Create and deploy education on the use of
drivers assistant controls and safe vehicle
maintenance to reduce speeding and increase 09/30/2025 a
vehicle safety along the corridor. in
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Distribute educational materials to community �
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partners, law enforcement, EMS, local 0
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schools, and other partners. Local schools
near the corridor include: Carriage Crest
Elementary, Renton Christian School, U)
Fairwood Elementary School, Lake Youngs
Elementary School, Soos Creek Elementary Efforts will span the 2024-2025 and a portion
School, Sunrise Elementary School, Martin of the 2025-2026 school years. 09/30/2025
Sortun Elementary School, Sunrise Mountain o
Christian School, Meridian Elementary School,
Horizon Elementary School, Kentridge c
Highschool, Kentwood Highschool, Lindbergh Y
Senior High School, Meeker Middle School, N
Auburn Mountainview, Greenriver College, c2
Renton Technical College. U-
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Measure Reporting Type Targi E
Frequency a)
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The number of educational materials created. Annual Process 10 Q
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The number of the Teen Target Zero and Safest Ride programs Annual Process 12
conducted.
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The number of meetings convened. Annual Process 12
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The number of educational materials distributed to community Annual Process 100( o
organizations and partners. L)
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A percent reduction of drivers speeding, injuries and deaths Annual Outcome 5
along the corridor. 2
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The number of impressions of any market campaigns. Annual Process 5000(
0
The evaluation of telematics data revealing a percent change in Annual Outcome 5
driver behaviors. N
The adoption and implementation of Teens in the Driver Seat Annual Process 3
program.
The diversity of partners in corridor project initiatives from all 0
municipalities. Annual Process 10
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The number of organizations/partners who distribute educational Annual Process 10
materials through their networks. `o
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The number of languages educational materials are transcreated Annual Process 2
into. f°
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Goal 2 - Decrease the percent of drivers speeding, and the occurrence of serious
injuries and deaths along the corridor in King County by September 30, 2025.
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Objective Objective Details Completion Dz
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Coordinate with local jurisdictional lawLO
enforcement agencies from Renton, Kent, N
Auburn, and King County Sherriff's Office to
plan and deploy high visibility enforcement 09/30/2025 °'
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campaigns monthly. Develop media and
marketing campaigns to support the Q
enforcement events.
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Measure Reporting Type Targi c
Frequency
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Number of speed enforcement campaigns and speeding E
infractions deployed along the corridor. Annual Outcome 12 0
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A percent reduction of drivers speeding, injuries and deaths Annual Outcome 5
along the corridor. Cn
Number of impressions of media and marketing campaigns. Annual Outcome 1000(
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Goal 3 - Increase the deployment of monthly high visibility enforcement campaigns
along the corridor in King County, by September 30, 2025.
Objective Objective Details Completion Dz a
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Convene local jurisdictional partners from o
Renton, Unincorporated King County, Kent, �
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and Auburn to identify and implement 09/30/2025 Lo
engineering solutions to reduce speeding, U,
injuries and deaths along this corridor.
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Identify and purchase signage to support
engineering goals. 09/30/2025
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Measure Reporting Type Targi �,
Frequency
Y
Number of traffic control signs purchased. Annual Process 10 M
A reduction in speeding drivers as measured by comparing the
telematics baseline data for this corridor with telematic analysis N
following the completion of the project. Note that this measure is Annual Process 5 N
contingent on the availability of this data.
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Number of traffic control signs installed along the corridor. Annual Process 10
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OFFICE OF THE CITY ATTORNEY
Tammy White, City Attorney
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5770
DATE: November 5, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Ordinance — Repealing and Replacing Section 9.02.710
Relating to Exclusion of Illegal Activity in Public Facilities -
Adopt
MOTION: I move to adopt Ordinance No. 4S00, repealing Kent City Code
9.02.710 and replacing it with a new section which modifies periods of
exclusion from public facilities and updates the procedure to issue and
appeal orders to exclude an individual from a public facility.
SUMMARY: As a steward of public resources, the City has the authority and
responsibility to establish and enforce reasonable rules to help ensure the public
can safely use and access public facilities for their intended purpose. One important
tool is the ability for City staff and police officers to exclude individuals whose
behavior is disruptive, unsafe, prohibited, and/or illegal from these facilities so that
the public remains free to use them for their intended purpose.
Section 9.02.710 of the Kent City Code (KCC) currently gives police officers the
authority to issue orders excluding a person from a public facility or an assemblage
of public facilities for a set period of time. The City's public facilities include its
buildings, parks, recreational areas, and watershed areas and these public facilities
serve important and designated purposes for the public.
Although this ordinance repeals and replaces the provisions within KCC 9.02.710,
its core functions remain the same. Specifically, it authorizes police officers to
exclude individuals for specified illegal and prohibited activity for periods of 45, 90,
and 180 days depending upon the severity of the activity involved and if the
individual has been excluded from public facilities within the last year. Additionally,
it allows City staff (non-police officers) to exclude individuals from public facilities
for a period of 48-hours for violations of public facility rules.
This ordinance also sets forth an appeals procedure for any individual so excluded
under this section to request a hearing to seek to modify, rescind, and/or stay the
exclusion before the City's Director of Parks, Recreations, and Community Services,
or their designee.
Packet Pg. 93
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ATTACHMENTS:
1. Trespass KCC 9.02.710 - Ordinance (PDF)
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ORDINANCE NO. 4500
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AN ORDINANCE of the City Council of the N
City of Kent, Washington, repealing Section o
9.02.710 of the Kent City Code, entitled "Public r-
facility - Illegal activity - Exclusion", and replacing
it with a new Section 9.02.710, entitled "Public Cn
facility - Prohibited and illegal activity - Exclusion",
in order to modify periods of exclusion from public
facilities based upon the activity involved; set forth �.
the contents of exclusion orders issued by police
officers; and update the procedure available to
appeal any exclusion orders issued.
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RECITALS i
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A. The City's "public facilities", which include but are not limited
to its buildings, parks, recreational areas, and watershed areas, serve
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specific and designated purposes for the public. When individuals engage in
prohibited and illegal activity at these public facilities, their unlawful or a)
unauthorized activity creates disruption and safety concerns and prevents
the facilities from being used for their designated purposes. 0
B. The City has both the authority and responsibility to regulate
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public facilities pursuant to Article XI, Section 11 of the Washington o
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Constitution and RCW 35A.11.020. As a steward of public facilities, the City
must wisely employ its limited resources to establish and enforce reasonable y
rules to help ensure the public can safely use and access public facilities for -
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their intended purpose. This includes providing City staff and police officers
with the authority to temporarily exclude individuals whose behavior is o
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disruptive, unsafe, prohibited, or illegal so that the public remains free to •y
use these facilities for their intended purpose. x
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C. The Kent City Code currently provides police officers with the o
authority to issue exclusions from public facilities for set periods of time after
providing individuals with notice and an opportunity for a hearing to appeal
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exclusion orders. Although this ordinance repeals and replaces the ti
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provisions within Kent City Code 9.02.710, its core functions remain the
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same. Specifically, it continues to allow police officers to exclude individuals o
from public facilities for specified illegal and prohibited activity for periods of
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45, 90, and 180 days. It also codifies existing authority for City staff to
exclude individuals who violate public facility rules for a period of 48 hours. �.
D. Individuals subject to an exclusion order issued by a police
officer can request a hearing to seek to modify, to rescind, and/or to stay
their exclusion before the City's director of parks, recreation, and community
services or their designee.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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ORDINANCE
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SECTION 1. - Repeal. Section 9.02.710 of the Kent City Code,
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entitled "Public facility - Illegal activity - Exclusion", is hereby repealed in
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its entirety. ti
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SECTION 2. - New Section. A new Section 9.02.710 of the Kent City Y
Code, entitled "Public facility - Prohibited and illegal activity - Exclusion", is
hereby enacted as follows:
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Section 9.02.710. Public facility - Prohibited and illegal o
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activity — Exclusion. •y
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A. Findings. The city council finds that, from time to time, the right of c
the general public to enjoy public facilities provided by the city is infringed
upon by persons who engage in disruptive, unsafe, or otherwise prohibited W
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or illegal activity at the public facilities. This activity is often engaged in by ti
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a comparatively small number of repeat offenders. The city council further
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finds that the right of persons who engage in such activities to remain at or o
frequent public facilities is outweighed by the right of law-abiding residents
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to use such facilities without the interference or fear of the disruptive,
unsafe, or otherwise prohibited or illegal activity of others. �.
B. Authority to exclude persons.
1. Exclusion order by police officer. Whenever a police officer has
probable cause to believe that a person has committed either a violation of
the law or a violation of public facility rules by engaging in any act set forth
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in subsection (F) of this section on or at any public facility as described in
subsection (G) of this section, the officer may, by written order and on the 0
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basis of such a violation, exclude that person from entering the public facility
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where the act was committed for a specified period as set forth in subsection
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(C) of this section; or if the public facility where the act was committed is U
part of a public facility assemblage as described in subsection (H) of this C
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section, the officer may, by written order, exclude that person from entering
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all public facilities within that assemblage. ti
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2. 48-Hour exclusion notice by city staff. Whenever a city staff CR
member in charge of a public facility or their designee (Facility Manager) Y
has good cause to believe that a person has violated any public facility rule,
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the Facility Manager may exclude that person from entering that public
facility by oral or written notice for a time period of 48 hours. o
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C. Exclusion periods by written exclusion order. A person may be x
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excluded from a public facility or public facility assemblage by a written o
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exclusion order from a police officer as set forth in Section (13)(1) as follows: r
1. For a period of 45 days from the date of the exclusion order W
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when: (i) the person has not been issued an exclusion order within one year
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prior to the date of the current violation, and (ii) the current violation is not
a felony violation, a weapon violation, or a violation involving an act of o
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violence or threat of violence.
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2. For a period of 90 days from the date of the exclusion order =
when either: (i) the person has been issued a prior exclusion order within a
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one year prior to the date of the current violation, or (ii) the current violation
is a felony violation or a weapon violation.
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3. For a period of 180 days from the date of the exclusion order
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when either: (i) the person has been issued two or more exclusion orders
from the same public facility or public facility assemblage in which the
current violation has occurred within one year prior to the date of the
current violation, or (ii) when the current violation is a felony weapon o
violation or a violation involving an act of violence or threat of violence.
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D. Contents of exclusion order. The exclusion order issued by a police
officer pursuant to Section (13)(1) shall be in writing and shall contain the
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following:
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1. the date of issuance; ti
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2. the factual basis for the exclusion;
3. the duration of the exclusion; Y
4. the location of the public facility from which the person is N
excluded;
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5. a warning of the consequences for the person's failure to
comply with the exclusion order; o
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6. the procedure for seeking a hearing to modify or rescind the
exclusion order; and x
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7. the issuing officer's name and signature. 2
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E. Hearing procedure. The person subject to the exclusion order issued
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by a police officer pursuant to Section (13)(1) shall have the right to a ti
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hearing to seek to modify or rescind their exclusion from the identified public
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facility. For the purposes of exclusion modification or rescission hearings, o
the city's hearing officer shall be the city of Kent's director of parks,
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recreation, and community services or their designee.
1. Request for a hearing and stay. A person subject to an �.
exclusion order can request a hearing by submitting a request in writing to
the City Clerk. The request must include a copy of the exclusion order for
which the hearing is sought and contain contact information for the person
subject to the exclusion order. It is the responsibility of the person
requesting the hearing to notify the City Clerk of any change in their contact
information. The person subject to an exclusion order may also request a
stay of the exclusion order in their hearing request. o
2. Timing of the hearing. The hearing shall occur and a decision
rendered, absent good cause to the contrary, within 10 calendar days after
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the date the City Clerk receives the request for hearing. The city will notify
the person requesting the hearing of the hearing date using the contact
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information provided.
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3. The hearing. The parties to the hearing shall be the city and ti
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the person subject to the exclusion order. At the hearing, and in order to
uphold the exclusion order, the violation that forms the basis of that Y
exclusion order must be proved by the city by a preponderance of the
evidence. The person subject to the exclusion order need not be charged
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with a crime or civil infraction in a court of law and need not be convicted
or found to have committed the alleged violation in a court of law, for the o
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exclusion to be upheld. The city's hearing officer shall consider the exclusion •y
notice and a sworn report or a declaration made under penalty of perjury x
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as authorized by RCW 5.50.050 written by the police officer who issued the o
exclusion order, without further evidentiary foundation. Both the city and
the person who requested the hearing may submit physical or written
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evidence, or call witnesses to testify. The city's hearing officer may consider ti
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information and evidence that would not be admissible in a court of law
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under the evidence rules, but which the hearing officer considers relevant o
and trustworthy. Each party shall be responsible for securing the attendance
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of any witnesses it intends to call to testify.
4. Decision of hearing officer. If the violation is proved, the �.
exclusion order shall be upheld; however, upon good cause shown, the city's
hearing officer may shorten the duration of the exclusion. If the violation is
not proved by a preponderance of the evidence, the city's hearing officer
shall rescind the exclusion order. If an exclusion order is rescinded, it shall
not be considered a prior exclusion for purposes of subsection (C) of this
section.
5. Final decision. The decision of the city's hearing officer is final. o
An offender seeking judicial review of a decision of the city's hearing officer
shall file an appeal or an application for a writ of review in the King County
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superior court within 14 calendar days of the date of the decision.
6. Effectiveness of exclusion order. The exclusion order shall
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remain effective during the pendency of any administrative or judicial
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proceeding, unless a stay is obtained from superior court. ti
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7. Effect on subsequent proceedings. The determination of the
city's hearing officer shall not have any collateral estoppel effect on a Y
subsequent criminal prosecution or civil proceeding and shall not preclude
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litigation of those same facts in a subsequent criminal prosecution or civil
proceeding. o
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F. Qualifying acts for exclusion order. An exclusion order from a public x
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facility or public facility assemblage may be issued by a police officer for the o
following acts committed on or at a public facility:
1. Any act that qualifies as a felony crime;
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2. Any act that qualifies as a gross misdemeanor or misdemeanor ti
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crime, excluding all traffic offenses except for the following negligent,
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reckless, and impaired driving offenses RCW 46.61.500, RCW 46.61.502, o
RCW 46.61.503, RCW 46.61.504, RCW 46.61.525, and RCW 46.61.530;
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3. Any act that qualifies as a public or open use violation involving
liquor or cannabis, including RCW 66.44.100 and RCW 69.50.445; �.
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4. Any act that qualifies as a violation of park rules, including:
a. KCC 4.01.020 Same - Damaging property.
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b. KCC 4.01.030 Same - Animals.
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C. KCC 4.01.040 Same - Discharging weapons, fireworks.
d. KCC 4.01.080 Prohibited activities - Speed limits,
vehicles, and horses.
e. KCC 4.01.100 Same - Littering. 0
f. KCC 4.01.120 Same - Fires.
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g. KCC 4.01.130 Same - Alcoholic beverages.
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h. KCC 4.01.140 Same - Golf. c
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i. KCC 4.01.150 Use of facilities. C
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j. KCC 4.01.160 Hours.
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k. KCC 4.01.190 Sales of refreshments. ti
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I. KCC 4.01.210 Traffic regulations.
5. Any act related to urinating or defecating on property, other Y
than within proper facilities provided for that purpose, including a violation
of KCC 9.02.840.
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G. Public facility. For the purpose of this section, a public facility consists o
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of the buildings, structures, and equipment, and the adjoining grounds, •y
appurtenances, and parking areas of any of the following when located x
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within the city of Kent: c
1. Any building maintained or operated by the city of Kent.
2. Any park maintained by the city of Kent, and any King County
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park or Kent School District property when subject to an authorizing ti
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agreement with the city of Kent.
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3. Any recreational area maintained by the city of Kent and any o
King County or Kent School District recreational area when subject to an
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authorizing agreement with the city of Kent, including but not limited to any
skateboard park, athletic complexes, the Kent Commons, the Kent Senior �.
Activity Center, the Riverbend Golf Complex, the Green River Trail, and the
Green River Natural Resources Area.
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4. The city's ShoWare Center, located at 625 W. James Street.
5. The bodies of water known as Lake Meridian and Lake Fenwick
and associated boat ramps and areas of ingress and egress.
6. Any public school maintained by the city of Kent, the Kent
School District, King County, or the state of Washington, when subject to 0
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an authorizing agreement with the city of Kent.
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7. The watershed areas owned and operated by the city of Kent,
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including Armstrong Springs, Clark Springs, and Kent Springs. U
8. Any public library or pool maintained by the city of Kent, or
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King County or another entity when such library or pool is subject to an
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authorizing agreement with the city of Kent. ti
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H. Public facility assemblage. For the purpose of this section, a public Y
facility assemblage consists of a group of public facilities so related to one
another geographically that exclusion from one public facility within the
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group would be ineffective without exclusion from the other or others in the
same group. A violation occurring at any public facility within a public facility o
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assemblage shall be deemed to have occurred within the public facility •y
assemblage. Public facility assemblages include the following: x
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1. Downtown public facility assemblage, consisting of Town o
Square Plaza, Burlington Green/Yangzhou Park, Kaibara Park, Rosebed
Park, and the Kent Library.
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I. Violation and penalty. The violation of an exclusion order or 48-hour o
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exclusion notice is a misdemeanor. o
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SECTION 3. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such �.
decision shall not affect the validity of the remaining portion of this ordinance
and the same shall remain in full force and effect.
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SECTION 4. - Savings. The existing Section 9.02.710 of the Kent
City 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 5. - Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
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authorized to make necessary corrections to this ordinance, including the U
correction of clerical errors; ordinance, section, or subsection numbering; or
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references to other local, state, or federal laws, codes, rules, or regulations.
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SECTION 6. - Effective Date. This ordinance shall take effect and be
in force thirty days from the time of final passage, as provided by law. o
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DANA RALPH, MAYOR Date Approved
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ATTEST: c
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November 19, 2024
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted r
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November 22, 2024 Cn,
Date Published
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APPROVED AS TO FORM:
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TAMMY WHITE, CITY ATTORNEY
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4.K
OFFICE OF THE CITY ATTORNEY
Tammy White, City Attorney
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5770
DATE: November 5, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Ordinance Amending Chapter 8.09 KCC - Camping on Public
Property - Adopt
MOTION: I move to adopt Ordinance No. 4501, amending Chapter 8.09 of
the Kent City Code regarding camping on public property.
SUMMARY: Federal and state law require the City to invest taxpayer funds to
preserve and protect natural areas so they can serve critical functions of reducing
flooding, and providing clean drinking water, sufficient tree canopy, and habitat for
wildlife necessary to preserve the ecological health of the area. Additionally, these
natural areas support the physical health and mental wellbeing of residents. As
such, the City invests significant resources in parks and other open spaces to
increase access by making them ADA accessible and safe for pedestrians and other
modes of non-vehicular travel.
But the use of these natural areas and other public property for unlawful camping
creates dangerous public health and safety conditions; damages the environment;
and prevents these areas from being used for the purposes for which they were
intended. In areas where larger unlawful camps exist, the City has experienced
higher incidents of open drug use and reported crime. City residents have voiced to
City leaders that reducing incidents of crime is their primary concern and demand
of government. These residents have expressed that they do not feel safe, nor do
they feel that their property is secure, in areas near unlawful camps.
City residents have invested millions of taxpayer dollars in local and regional efforts
to address housing and homelessness, despite having a significantly higher share of
lower-income housing. Specifically, to the extent high housing costs could be said
to have contributed to homelessness, Kent has more naturally occurring affordable
housing than King County as a whole, and more than any other city in south King
County. Further, compared to other cities in King County, Kent has a
disproportionately lower share of middle and higher-income housing. Homelessness
and housing is a regional issue that requires a regional approach.
Contemporaneously, Kent has an obligation to its residents to address the
detrimental impacts to their physical safety and property, and to the investments in
public property they fund.
Packet Pg. 105
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The City further invests by employing staff whose primary duties include helping
residents in unlawful camps find shelter and connect with other services. The City
has partnered with the Puget Sound Regional Fire Authority to provide co-responder
services to the City. Nurses and social workers partner with and assist law
enforcement with individuals who are experiencing a mental health crisis. The City
is also increasing its investment in homelessness outreach and housing through
services provided by the Salvation Army. However, it is the City's experience that a
majority of individuals who unlawfully camp on public property reject shelter and
other assistance when offered. When assistance is refused, the City is left with few
options.
Unlawful camping causes substantial damage to the location of the camp and
surrounding area. The City has spent significant funds and dedicated considerable
resources to address the damage to and dangerous conditions in its public spaces
caused by this issue. The City continually needs to clean and rehabilitate public
property harmed by the accumulation of garbage; restore the ecological function of
property damaged by the removal of vegetation and earth from wetlands and other
critical areas; and restore public facilities that have been damaged or vandalized,
such as bathroom facilities, play equipment, and covered picnic areas in parks.
The City regulates camping on public property in chapter 8.09 of the Kent City Code
(KCC) and camping has been prohibited in public spaces throughout the City since
at least 2000. These provisions have been amended from time to time, most
recently in 2022. The proposed revisions are intended to reconcile the City's code
provisions with current law and to provide tools to address the concerns expressed
by Kent residents to City leaders, while at the same time remain compassionate
and helpful to those experiencing homelessness who wish to accept offers of
assistance.
In enforcing these provisions, City staff will continue to provide assistance to those
who wish to leave unlawful camps and seek alternative shelter and assistance.
Additionally, if criminal charges are filed, the City will not impose fines and will
agree to deferred sentences in all cases where individuals in need of treatment
services agree to comply with a treatment provider's recommended treatment plan.
Finally, the City will not object to a future request to vacate a prior conviction for
violation of this chapter.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. 4501 Camping on Public Property Ch 8.09 KCC (PDF)
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ORDINANCE No. 4501
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AN ORDINANCE of the City Council of the L)
City of Kent, Washington, amending Chapter 8.09 of Y
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the Kent City Code entitled, "Camping on Public o
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Property", to prohibit the unlawful storage of other
property on public property; to update the definition �.
section; to add a new section regarding offers of
assistance and guidance for officers; and to remove 01
the suspension of enforcement for unlawful camping
and storage of camp facilities when no shelter is
available. E
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RECITALS
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A. Under both state and federal law, the City is required to invest
taxpayer funds to preserve and protect natural areas such as wetlands,
streams, fish and wildlife habitat, steep slopes, geologic hazard areas,
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critical aquifer recharge areas, and flood hazard areas. These investments o
serve the critical purposes of helping to ensure the health, safety, and M
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welfare of the public by providing clean drinking water; reduce flooding;
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provide a sufficient tree canopy to address the impacts of global warming; o
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provide the ability for clean water to infiltrate the soil; and provide habitat U
in an urban environment for the small animals and bugs necessary for a
ecological health. Additionally, the City invests significant resources in other 0
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public spaces, including parks and open spaces, which studies have shown
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help improve the mental and physical health of youth and adults, and in the M
maintenance of pathways that are ADA accessible and safe for pedestrian o
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and other modes of non-vehicular travel. When unlawful camping occurs in
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these public spaces, the very purpose for which they were constructed or c
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for which they are maintained and intended to be used is interfered with and .
degraded. a
B. In areas where larger unlawful camps exist, the City has c
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experienced higher incidents of open drug use and reported crime. City Q
residents have voiced to City leaders that reducing incidents of crime is their
primary concern and demand of government. These residents have �
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expressed that they do not feel safe, nor do they feel that their property is Y
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secure in areas with unlawful camps. 00
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C. Kent residents have invested millions of taxpayer dollars in �.
local and regional efforts to address housing and homelessness, despite 0
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having a significantly higher share of lower-income housing. Specifically, to
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the extent high housing costs could be said to have contributed to
homelessness, Kent has more naturally occurring affordable housing than
King County as a whole, and the most naturally occurring affordable housing
of any city in south King County. Further, compared to other cities in King o
County, Kent also has a disproportionately lower share of middle and higher-
income housing. Homelessness, available shelter, and housing is a regional
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issue that requires a regional approach. Contemporaneously, Kent has an U
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obligation to its residents to address the detrimental impacts caused to their o
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physical safety and property, and to the public investments they fund. M
D. The City employs staff whose primary duties include helping
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residents in unlawful camps find shelter and services. However, it is the °
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City's experience that a majority of individuals who unlawfully camp in these .2
public spaces reject available shelter and other services when offered. When a
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help is refused, the City is left with few options. The City has partnered with °
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the Puget Sound Regional Fire Authority to provide co-responder services to
the City. Nurses and social workers partner with and assist law enforcement L)
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with individuals who are experiencing a mental health crisis. The City is also
2 Amend KCC 8.09 - m
Re: Camping on Public Property M
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increasing its investment in homelessness outreach and housing through
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services provided by the Salvation Army. c
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E. The City has invested significant funds to address and mitigate .
the negative impacts caused by unlawful camping. Significant resources a
have been invested in cleaning and rehabilitating public property harmed by 0
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the accumulation of garbage; in restoring the ecological function of property
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damaged by the removal of vegetation and earth from wetlands and other
critical areas; and in restoring public facilities that have been damaged or
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vandalized, such as bathroom facilities, play equipment, and covered picnic Y
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areas in parks, by unlawful camps and those who reside within them. 00
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F. Since at least 2000, the City has prohibited camping in public �.
spaces throughout the City. These provisions have been amended from time 0
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to time, with the most recent revisions occurring in 2022. These latest
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revisions are made to reconcile the City's code provisions with current law,
and to address the concerns expressed by Kent's residents to City leaders,
while remaining compassionate and helpful to those experiencing
homelessness who wish to receive services and shelter. o
G. When the provisions of this ordinance are enforced, City staff
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will continue to provide assistance to those who wish to leave unlawful
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camps and seek alternative shelter. Additionally, if criminal charges are filed, L)
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the City will not impose fines and will agree to deferred sentences in all cases o
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where individuals in need of treatment services agree to comply with a M
treatment provider's recommended treatment plan. Finally, the City will not
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object to a future request to vacate a prior conviction for violation of this 0
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chapter.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
as
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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ORDINANCE
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SECTION 1. - Amendment Ch. 8.09 KCC - Camping on Public
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Property. Chapter 8.09 of the Kent City Code, entitled "Camping on Public E
Property", is amended as follows:
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CHAPTER 8.09 0�
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CAMPING ON PUBLIC PROPERTY co
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Sec. 8.09.010. Purpose. It is the purpose of this chapter to prevent
the harm to public property caused by the activities of unlawful camping;
unlawful storing of camp facilities and property; unlawful fires; littering; and
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altering or damaging the natural environment such as diverting water, E
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removing vegetation, and excavation. Camping on public property - erecting
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and occupying camp facilities for the purpose of facilitating occupation,
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habitation, or residing in a location - that is not designated as an area for o
camping creates dangerous public health and safety concerns for those
experiencing homelessness, the general public, city employees, and first L)
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responders. These activities foster unsanitary conditions, damage the Y
natural environment and critical areas, and interfere with the rights of others o
to use public property for the purposes for which they were intended. L)
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It is the purpose of this chapter to promote the public health, safety, a
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general welfare, environmental health, economic health, and well-being of a
the city by keeping public streets, sidewalks, parks, and other public
property within the city safe and readily accessible to the public.
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Sec. 8.09.020. Definitions. The following words, terms, and
phrases, when used in this chapter, shall have the meaning ascribed to them ci
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in this section, except where the context clearly indicates a different
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meaning: c
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A-. Available eveffiight shelter n9eans a publie eF PFivate shelter-, with an
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8-.A. Camp means to pitch, erect, or occupy camp facilities for the purpose U
of, or in such a way as will facilitate habitation, the occupation of, or residing L)
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in a location.
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G.B. Camp facilities include, but are not limited to, motor vehicles, trailers, �.
tents, huts, temporary shelters, or other structures that evidence an intent 0
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to function as a temporary or permanent place of residence or to demarcate
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public property under circumstances that evidence an intent to take or hold
possession or control of that public property as a person's residence or
tenancy, to the exclusion of others or other uses.
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9-.C. Critical area means an area that possesses important natural
functions and embodies a variety of important natural and community
values. Such areas include wetlands, streams, fish and wildlife habitat, steep
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slopes, geologic hazard areas, critical aquifer recharge areas, and flood o
hazard areas as well as the buffers which serve to protect the M
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aforementioned areas.
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D. Hazardous material means any material, including any substance, L a
waste, or combination thereof, which because of its quantity, concentration,
physical, chemical, or infectious characteristics, may cause or significantly r-
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contribute to a present or potential hazard to human health, safety,
property, or the environment when improperly treated, stored, transported, E
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disposed of, or otherwise managed. r
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F-.E. Litter is as defined in KCC 8.04.020 as now enacted or hereafter a
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amended or recodified. a
GF. Park means and includes all city parks, public squares, park drives, a
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parkways, boulevards, golf courses, park museums, zoos, bathing beaches, 0
gardens, lakes, rivers, ponds, and play and recreation grounds under the
jurisdiction of the city of Kent parks and recreation department and their
associated parking lots, paths and sidewalks, playfields, recreational
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structures, picnic shelters, restrooms, and other appurtenances. o
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H-.G. Pollutant means and includes anything that may contaminate or �.
contribute to the contamination of any place, area, or location. Examples 0
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include without limitation: hazardous materials; paints, varnishes, and
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solvents; oil and other automotive or motor fluids; liquid and solid wastes,
human waste, food wastes, and yard wastes; refuse, rubbish, garbage,
litter, or other discarded or abandoned objects and accumulations;
floatables such as closed or open cell foam; plastics; pesticides, herbicides, o
and fertilizers; sewage, fecal coliform and pathogens; dissolved and
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particulate metals; animal wastes; wastes and residues that result from
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constructing a building or structure; electronics; electric and combustion U
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engines and devices that use electric and combustion engines including parts o
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thereof; hazardous cleaning liquids and materials; any drug as defined by L)
RCW 69.50.101; and any drug paraphernalia. as defined On RGW 69.50.101.
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-I--.H. Public property means all property in which the city has a property .
interest, including parcels, tracts, easements, and public rights-of-way. The a
term includes, without limitation, all parks, docks, piers, streets, sidewalks, 0
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critical areas and water supply properties, trails, forests, museums, pools, Q
beaches, open spaces, public squares, city-owned buildings and M
appurtenances, the grounds around the city-owned buildings, including but o
6 Amend KCC 8.09 - m
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not limited to parking lots and structures, breezeways, entryways, planter
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areas, and storage areas, and any other property in which the city has a c
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property interest of any type. a
I. Recreational vehicle means a travel trailer, motor home, truck
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camper, or camping trailer that is primarily designed and used as temporary
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living quarters, is either self-propelled or mounted on or drawn by another E
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vehicle, is transient, is not occupied as a primary residence, and is not
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immobilized or permanently affixed to a mobile home lot.
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+<-.J. Store or storage means to put aside, accumulate, or to place or leave
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in a location for preservation or later use or disposal.,
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L-.K. Street means any highway, avenue, lane, road, street, drive, place,
boulevard, alley, right-of-way, and every way or place in the city of Kent
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open as a matter of right for public vehicular travel.
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M-.L. Vegetation means trees, shrubs, grass, weeds, bushes, vines, turf,
flowers, seaweed, fungus, and other plant materials, including but not
limited to clippings, fallen leaves, fruit, or branches.
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Sec. 8.09.030. Unlawful camping on public property.
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A-. Unlawful
. It shall be unlawful for any person to camp on
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public property, except as allowed in KCC 4.01.090. 0
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8-.—Publie preperq, with sensitive A- _Rtible uses. The prohibition
en eangping shall apply at all tinges en publie pr-eper-ty with the uses listed in c
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this subsectmen: C
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7 Amend KCC 8.09 - a
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events, epen fields er- maintained grassy areas, designated eff leash deg picnic shelters, play fields, areas designated OF maintained fE)F spectatE)Fs ef
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lets-,
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2--.GrmtOcaI aFeas and wateF supply prepeFties that are owned by 0
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buildings, lets, and appUFtenances used toU
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Centennial
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/ Kent CeFrectiens Facility, and its Pregram Annex Building; U
Kent Senmer / Kent / Rover-bend Gelf /
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rQE-at2d-t?t24611 11-6rrr Ave. SE, Kent, A 98939; and the �
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Center.
4-.Streets and smdewalks-.-
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and which are pested with signs pFehibiting tFespass.
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a vielatmen ef thms seetien shall be suspended any tinge there is Re availabl-e
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/ any peFSOn camp
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Sec. 8.09.040. Unlawful storage of camp facilities or other
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Property on public property. c
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A. It shall be unlawful for any person to store camp facilities or other
property on public property.
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B. The provisions of this chapter shall not prohibit any vehicle, including
a trailer, recreational vehicle, or camper not being used as a residence from L)
being parked within or on any park, in the right-of-way, or other public v
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property in accordance with parking regulations, unless otherwise prohibitedCO
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by law.
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C—sEnfercement ef thus section shall be suspended On the event a persen
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and theFe is no available evefflight shelter fOF the individual camping.
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C9. No citation shall be issued for a violation of this section if the person
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identified as the owner of the camp facilities or other property immediately
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removes the camp facilities or other property upon request.
Sec. 8.09.045. Offer of assistance — Officer guidance —
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Considerations. Y
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A. Offer of assistance. An officer with probable cause that a person has L)
violated either KCC 8.09.030 or KCC 8.09.040 will offer assistance to the
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person in violation; provided, neither a person's acceptance of assistance 0
nor the ability of the officer to secure assistance shall interfere with the
ability of the officer to issue a citation for the violation. a
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B. Development of policy or procedure. The police department shall Q
develop a policy or procedure to assist officers in enforcing the provisions of
this chapter. The policy or procedure should address the following o
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considerations for an officer to evaluate in deciding whether to issue a
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citation to a person for violating KCC 8.09.030 or KCC 8.09.040: c
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1. The extent of damage or potential damage to public property; a
2. Whether there is evidence of other criminal conduct at or
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immediately surrounding the unlawful camp; c
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3. The extent to which property surrounding the unlawful camp
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has been impacted by criminal conduct; M
4. The proximity of the unlawful camp to improved parks and U
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recreation facilities, critical areas, schools, shopping areas, or businesses Y
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5. Whether officers have had previous contact with the person CO
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responsible for the unlawful camp or storage of camp facilities or other �.
property on public property under similar circumstances; U
6. Whether officers have had previous contact with the individual
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under circumstances in which the person was offered shelter but rejected
shelter or failed to make substantial efforts to enter shelter; and
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7. The extent to which other calls for police service or other
obligations of police officers are pending at the time the officer makes o
contact with the person unlawfully camping or storing camp facilities or
property on public property.
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Sec. 8.09.050. Unlawful use of fires. It shall be unlawful for anyCO
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person to build any fire or maintain open flames for any purpose on public
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property except in designated areas in parks when parks are open. r
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Sec. 8.09.060. Unlawful environmental damage to public a
property. It shall be unlawful for any person to do the following on public
property, unless expressly permitted or otherwise authorized by the city:
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1. Dump, throw, deposit, or discharge any pollutant;
2. Deposit urine or feces into or onto a place other than a E
receptacle intended for the deposit of urine or feces;
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3. Destroy or alter vegetation through cutting, clearing, grading,
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or harvesting; c
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4. Construct or create trails not expressly authorized by the city, .
or damage existing city trails; a
5. Remove or excavate soil, sand, gravel, minerals, or organic 0
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matter of any kind; provided it shall not be unlawful to do so at a public park
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in areas intended for digging as a form of recreation;
6. Drain or increase the water level of a body of water, river,
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creek, or stream, or divert or impede water flow of any river, creek, or Y
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stream; or 00
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7. Disturb wildlife dens, burrows, or nests. �.
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Sec. 8.09.070. Unlawful camp — Removal. Upon a determination
by the city that a camp has been established on public property in violation
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of this chapter, camp facilities, and all other pei=senalproperty, contraband, a
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and pollutants shall be removed subject to the following provisions:
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A. Immediate removal of unlawful camp. Unlawful camping on public o
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property with sensitive or incompatible uses, including environmentally
sensitive areas and on public property that has been improved and
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developed for a particular purpose, causes significant damage to the purpose Y
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and functionality of these areas. For these reasons, lif an unlawful camp is o
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on public property described in , in this subsection (AZ the L)
city may immediately remove any pei=senakproperty, camp facilities, and all Q
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other peeper-j,contraband, pollutants, and waste and store it or dispose of a.
it as set forth in subsection (C) of this section; provided, the owner shall be
provided an opportunity to immediately remove the property if present or if r-
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they arrive during the removal of the property. The following are designated
as public property with sensitive or incompatible uses: E
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1. Portions of parks that are developed, improved, or maintained for
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a specified purpose, such as but not limited to recreational structures, picnic c
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shelters, play fields, areas designated or maintained for spectators of
events, open fields or maintained grassy areas, designated off-leash dog a
areas, restrooms, sidewalks, golf courses, designated trails, and parking c
lots.
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2. Critical areas and water supply properties that are owned by the
city for the purposes of producing, pumping, storing, treating, and �
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protecting domestic drinking water sources. Y
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3. City-owned buildings, parking lots, and appurtenances used to 00
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conduct the business of the city, including, but not limited to, City Hall, the �.
Centennial Center, and the Annex Building located to the east of the 0
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Centennial Center; Kent Police Station and police substations; Kent
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Municipal Court, Kent Corrections Facility, and its Program Annex Building;
Kent East Hills Operations Center; Kent Municipal Building at Centerpoint;
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Kent Senior Center; Kent Commons; Riverbend Golf Complex; public works
and parks shops properties; the police and fire station and training center o
located at 24611 116th Ave. SE, Kent, WA 98030; and the accesso Showare
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Center.
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4. Streets and sidewalks.
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5. Properties owned by the city that are not open to the public and o
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which are posted with signs prohibiting trespass. L)
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B. Removal of unlawful camp following posted notice. For all ether o
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unlawful camps on other public property, the following shall occur: U
1. At least 48 hours before the removal of the camp facilities a
or othera+=property, the city will post a notice to remove property o
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containing:
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a. The requirement to remove the camp facilities for M
pers other property within the designated time period. o
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b. Information on the process individuals camping or
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storing personal property within the camp area may use to petition for a c
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reasonable amount of additional time to leave the camp area and remove a
their property. a
c. Information regarding the availability of assistance from c
social services and available overnight shelter options.
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2. If the camp facilities or other property, M
contraband, pollutants, and waste remain at the end of the notice period set
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forth in subsection (13)(1) of this section, it may be removed by the city; Y
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provided, the owner shall be provided an opportunity to immediately remove CO
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the property if they arrive during the city's removal of the property and do �.
not unreasonably delay the city's removal of the property. U
C. Storage of property associated with an unlawful camp.
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1. In the event the city removes the camp facilities and persena4or a
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other property in accordance with this section, the city will attempt to
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determine the owner of any property of obvious value (e.g., iterns need-ed TO
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legal documents, personal papers,
government identification, labeled medications), will arrange for storage of
the property, and will attempt to provide notice to the owner of the property
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as to how they may claim the property. CO
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2. The city will not store property that it has reasonable grounds
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to believe is stolen or illegal to own or possess, nor shall the city be required r
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to store property that is hazardous to health or safety, perishable, or of no 0
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apparent value. 0
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Sec. 8.09.080. Penalties. a
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A. Except as otherwise provided, a violation of any of the provisions of Q
this chapter is a misdemeanor.
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B. Fines shall not be imposed as a penalty for a violation of any of the
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provisions of this chapter. c
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C. The city will not object to the entry of a deferred prosecution pursuant
to Chapter 10.05 RCW if eligible, nor will the city object to the court entering r-
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a deferred sentence for violations of this chapter in all cases where: (1) a
licensed or certified medical professional or certified agency recommends E
mental health or substance use disorder treatment; (2) the defendant
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agrees to comply with, and the court orders the defendant to comply with, U
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the treatment plan recommended by the medical professional or certified o
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agency as a condition of the deferred sentence; and (3) the defendant °'
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understands and agrees that the court will revoke any deferred sentence if
the offender fails to comply with any of the terms of the deferred sentence.
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D. The city will also not object to a future request by an individual to E
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vacate a record of conviction for any conviction related to an offense
prosecuted under this chapter.
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SECTION 2. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
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decision shall not affect the validity of the remaining portion of this ordinance Y
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SECTION 3. - Corrections by City Clerk or Code Reviser. Upon a
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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 r-
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references to other local, state, or federal laws, codes, rules, or regulations.
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14 Amend KCC 8.09 - m
Re: Camping on Public Property E
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SECTION 4. - Effective Date. This ordinance shall take effect and be
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in force thirty days from the time of final passage, as provided by law.
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November 19, 2024 a
DANA RALPH, MAYOR Date Approved c
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ATTEST:
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November 19, 2024
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KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
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November 22, 2024 Q
Date Published
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APPROVED AS TO FORM:
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TAMMY WHITE, CITY ATTORNEY
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Re: Camping on Public Property
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PUBLIC WORKS DEPARTMENT
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
W A S H i N G T O N 253-856-5600
DATE: November 5, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Easement to Puget Sound Energy at the Kent East Hill
Operations Center (KEHOC) — Authorize
MOTION: I move to authorize the Mayor to sign the Easement Agreement
with Puget Sound Energy, subject to final terms and conditions acceptable
to the Public Works Director and City Attorney.
SUMMARY: This easement is necessary to allow Puget Sound Energy (PSE) to
provide power to the Kent East Hill Operations Center (KEHOC). The easement area
is located on King County Tax Parcel 212205-9132 and will be 1,126 square feet in
size. PSE will use the easement area to install and maintain power infrastructure
required for power service at KEHOC as provided in the contract between the City
and PSE that was authorized by Council on August 20, 2024.
This item will be presented to the Committee of the Whole and placed on the City
Council consent agenda on November 5, 2024.
BUDGET IMPACT: No unbudgeted impacts.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
ATTACHMENTS:
1. Easement (PDF)
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RETURN ADDRESS: o
Puget Sound Energy, Inc. t
Attn: ROW Department/PT Q
PO Box 97034/BEL08W
Bellevue,WA 98009-9734
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PUGET SOUND ENERGY
EASEMENT U
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REFERENCE#:
GRANTOR(Owner): CITY OF KENT `m
GRANTEE(PSE): PUGET SOUND ENERGY, INC. 0-
SHORT LEGAL: Por. of SE21,T22N, R05E,W.M. O
ASSESSOR'S PROPERTY TAX PARCEL: 212205-9132
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For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CITY OF KENT, w
a Washingon municipal corporation ("Owner"), hereby grants and conveys to PUGET SOUND ENERGY, INC.,
a Washington corporation("PSE"),for the purposes hereafter set forth,a nonexclusive perpetual easement over,under, Y
along, across and through the following described real property (the "Property" herein) in King County, State of t
Washington: +'
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SEE EXHIBIT"A"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Im
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Except as may be otherwise set forth herein PSE's rights shall be exercised upon that portion of the Property w
("Easement Area"herein)described as follows:
SEE EXHIBIT"B"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. f)
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A DIAGRAM DEPICTING THE APPROXIMATE LOCATION OF THE EASEMENT AREA IS ATTACHED
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HERETO AS EXHIBIT"C",AS A VISUAL AID ONLY. G
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1. Purpose. PSE shall have the right to use the Easement Area to construct, operate, maintain, repair,
replace, improve, remove, upgrade and extend one or more utility systems for purposes of transmission, distribution w
and sale of electricity. Such systems may include, but are not limited to:
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Underground facilities. Conduits, lines, cables, vaults, switches and transformers for electricity; fiber optic co
cable and other lines, cables and facilities for communications; semi-buried or ground-mounted facilities and 'n
pads, manholes, meters,fixtures, attachments and any and all other facilities or appurtenances necessary or
convenient to any or all of the foregoing.
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Following the initial construction of all or a portion of its systems, PSE may,from time to time, construct such E
additional facilities as it may require for such systems.
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2. Access. PSE shall have a reasonable right of access to the Easement Area over and across the Property
to enable PSE to exercise its rights granted in this easement.
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3. Easement Area Clearing and Maintenance. PSE shall have the right to cut, remove and dispose of any U
and all brush,trees or other vegetation in the Easement Area. PSE shall also have the right to control, on a continuing r
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basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in
the Easement Area.
4. Trees Outside Easement Area. PSE shall have the right to cut, trim remove and dispose of any trees N
located on the Property outside the Easement Area that could, in PSE's reasonable judgment cause damage to PSE's O
systems and/or present a hazard to the general public health, safety or welfare as defined in RCW 64.12.035. PSE r
shall,except in the event of an emergency,prior to the exercise of such right,identify such trees and make a reasonable
effort to give Owner prior notice that such trees will be cut, trimmed, removed or disposed. Owner shall be entitled to Q
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compensation for the actual market value of merchantable timber(if any)cut and removed from the Property by PSE. V
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5. Restoration. Following the initial installation, repair or extension of its facilities, PSE shall, to the extent W
reasonably practicable, restore landscaping and surfaces and portions of the Property affected by PSE's work to the Y
condition existing immediately prior to such work. PSE shall use good faith efforts to perform its restoration obligations i
under this paragraph as soon as reasonably possible after the completion of PSE's work.
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6. Owner's Use of Easement Area. Owner reserves the right to use the Easement Area for any purpose V
not inconsistent with the rights herein granted, provided, however, Owner shall not perform the following activities
without PSE's prior written consent: (1) excavate within or otherwise change the grade of the Easement Area; (2) g
construct or maintain any buildings, structures or other objects on the Easement Area; and/or(3)conduct any blasting
within 300 feet of PSE's facilities. a
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7. Indemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner as a result of =
PSE's negligence, or the negligence of PSE's employees, agents or contractors in the exercise of the rights herein =
granted to PSE,but nothing herein shall require PSE to indemnify Owner for that portion of any such liability attributable y
to the negligence of Owner, its employees, agents or contractors or the negligence of third parties. w
8. Attorneys' Fees. The prevailing party in any lawsuit brought to enforce or interpret the terms of this Y
Easement shall be entitled to recover its reasonable attorneys'fees and costs incurred in said suit, including on appeal.
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9. Successors and Assigns. This Easement is binding upon and will inure to the benefit of the successors r
and permitted assigns of the parties. PSE may not assign or otherwise transfer any of its rights, obligations or interest 0
under this Easement without the prior written consent of Owner, which consent may not be unreasonably withheld. L
Notwithstanding the foregoing,PSE may assign this Easement to an affiliate or in connection with a merger,acquisition,
corporate reorganization,sale of assets or other change in control. w
10. Complete Agreement; Amendment; Counterparts. This Easement contains the entire agreement of
the parties with respect to this subject matter and supersedes all prior writings or discussions relating to the Easement. 0
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This Easement may not be amended except by a written document executed by the authorized representatives of
Owner and PSE. This Easement may be executed in counterparts,each of which shall be treated as an original for all
purposes and all executed counterparts shall constitute one agreement.
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11. Warranty and Representation of Authority. The parties each represent to the other that the person or
persons executing this Easement have authority to do so and to bind the parties hereunder. All consents, permissions
and approvals related to this Easement, and the obligations hereunder, have been obtained. Owner further warrants E
to PSE that it has the necessary right, title and interests in the Property to grant the easement rights set forth herein. N
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12. Severability. Invalidation of any of the provisions contained in this Easement,or of the application thereof co
to any person, by judgment or court order, shall in no way affect any of the other provisions thereof or the application 'n
thereof to any other person and the same shall remain in full force and effect. If a provision is found to be unenforceable
or invalid, that provision shall be modified or partially enforced to the maximum extent permitted by law to effectuate
the purpose of this agreement. y
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13. Non-Waiver. The failure of any party to insist upon strict performance of any of the terms, covenants or
conditions hereof shall not be deemed a waiver of any rights or remedies which that party may have hereunder or at w
law or equity and shall not be deemed a waiver of any subsequent breach or default in any of such terms, covenants r
or conditions.
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DATED this day of 20. N
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OWNER: CITY OF KENT,a Washingon municipal corporation Q
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By: _
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STATE OF WASHINGTON )
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COUNTY OF ) Q-
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On this day of 20 , before me, the undersigned, a Notary Public r
in and for the State of Washington, duly commissioned and sworn, personally appeared w
to me known to be the person(s) who signed +,
as of CITY OF KENT, a Washingon municipal
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corporation, the municipal corporation that executed the within and foregoing instrument, and acknowledged said Y
instrument to be his/her free and voluntary act and deed and the free and voluntary act and deed of said municipal
corporation for the uses and purposes therein mentioned; and on oath stated that he/she was authorized to execute
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the said instrument on behalf of said municipal corporation. M
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IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written.
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(Signature of Notary) o
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(Print or stamp name of Notary) a
NOTARY PUBLIC in and for the State of Washington, residing
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Notary seal,text and all notations must be inside 1"margins co
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EXHIBIT"A"
PROPERTY DESCRIPTION _
APN: 212205-9132
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THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, 0
TOWNSHIP 22 NORTH, RANGE 5 EAST,W.M., IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: Q
BEGINNING AT THE CENTER OF SAID SECTION;
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THENCE SOUTH 88°54'55" EAST 939.50 FEET ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF =
SECTION 21, TO THE WEST LINE OF THE LANDS OF KENT SCHOOL DISTRICT AS RECORDED IN KING w
COUNTY, RECORDED NUMBER 8507179005, BOOK 45, PAGE 207; Y
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THENCE SOTH 01 001'02"WEST 988.80 FEET ALONG SAID WEST LINE,TO THE NORTH LINE OF THE SOUTH
HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF V
SECTION 21;
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THENCE ALONG SAID NORTH LINE, NORTH 88°56'14"WEST 570.79 FEET;
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THENCE NORTH 00°58'35"EAST 7.00 FEET AND PARALLEL TO THE WEST LINE OF THE SOUTHEAST Q-
QUARTER OF SECTION 21;
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THENCE NORTH 88°56'14"WEST 134.00 FEET; y
THENCESOUTH 00°56'35"WEST 7.00 FEET; w
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THENCE NORTH 88°56'14"WEST 234.00 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF Y
SECTION 21;
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THENCE ALONG SAID WEST LINE NORTH 00°56'35" EAST 989.16 FEET TO THE POINT OF BEGINNING;
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EXCEPT THE NORTH 30 FEET FOR SE 248T"STREET;
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SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. o
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EXHIBIT"B"
EASEMENT AREA
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THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21,TOWNSHIP o
22 NORTH, RANGE 5 EAST,WILLAMETTE MERIDIAN,CITY OF KENT, IN KING COUNTY,WASHINGTON,LYING 0
WITHIN A STRIP OF LAND 10.00 FEET IN WIDTH,5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED Q
CENTERLINE:
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COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER;THENCE ALONG THE WEST V
LINE THEREOF S00°58'35"W 433.47 FEET;THENCE S89°01'25"E 35.00 FEET TO THE EAST LINE OF THE WEST =
35.00 FEET OF SAID SOUTHEAST QUARTER BEING THE POINT OF BEGINNING OF THIS STRIP DESCRIPTION; w
THENCE CONTINUING S89°01'25"E 72.59 FEET TO A POINT HEREIN REFERRED TO AS POINT"A"BEING THE Y
TERMINUS OF THE HEREIN DESCRIBED CENTERLINE.
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TOGETHER WITH A STRIP OF LAND 20.00 FEET IN WIDTH, 10.00 FEET ON EACH SIDE OF THE FOLLOWING U
DESCRIBED CENTERLINE:
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BEGINNING AT AFORMENTIONED POINT"A";THENCE S89°01'25"E 20.00 FEET TO THE TERMINUS OF THE
HEREIN DESCRIBED CENTERLINE. `m
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CONTAINING 1,126 SQUARE FEET, MORE OR LESS. 0
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EXHIBIT"C"
EASEMENT AREA
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NW CORNER SE QUARTER
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1,126 SQ FT a
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THIS IS NOT'A SURVEY.IT IS
FURNISHED AS A CONVENIENCE d
TO LOCATE THE LAND IN
INDICATED HEREON WITH fN
REFERENCE TO STREETS AND
OTHER LAND.NO LIABILITY IS W
ASSUMED BY REASON OF
RELIANCE HEREON. 00
Project#22-3035 LO
PSE EASEMENT
DRAWN BY: TLM EXHIBIT N
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KENT SCALE: 1"=30'
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CITY OF KENT DATE: 10/02/2024 W
LOCATED IN THE SE 1/4 OF SEC r
21,TOWNSHIP 22 N, RANGE 5 E, LAND SURVEY
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