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HomeMy WebLinkAboutCity Council Meeting - City Council Meeting - 11/19/2024 (3) KENT CITY COUNCIL AGENDA 40!00�9 Tuesday, November 19, 2024 KENT 7:00 PM VV A 5 H I N G T O N Chambers A live broadcast is available on Kent TV21, www.facebook.com/CityofKent, and www.youtube.com/user/KentTV21 To listen to this meeting, dial 253-215-8782 or 253-205-0468 Enter Meeting ID: 82979108067 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 ************************************************************** COUNCIL MEETING AGENDA - 7 P.M. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff. 4. PUBLIC COMMUNICATIONS A. Public Recognition i. Presentation of Charitable Giving Campaign Proceeds to Akin ii. Proclamation for Small Business Saturday iii. Proclamation for Holodomor Remembrance Day iv. Proclamation for Native American Indian Heritage Month B. Community Events C. Public Safety Report S. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report B. Chief Administrative Officer's Report C. Councilmembers' Reports City Council Meeting City Council Regular Meeting November 19, 2024 6. PUBLIC HEARING A. Public Hearing for the 2044 Comprehensive Plan B. Public Hearing Regarding Adopting and Updating SEPA Categorical Exemptions C. Public Hearing on Various Rezones and Zoning Code Changes to Implement the 2044 Comprehensive Plan 7. PUBLIC COMMENT The Public Comment period is your opportunity to speak to the Council and Mayor on issues that relate to the city of Kent or to agenda items Council will consider. This is not an open public forum and comments that do not relate to the business of the city of Kent are not permitted. Additionally, the state of Washington strictly prohibits people from using this public comment opportunity for political campaign purposes, including to support or oppose a ballot measure or any candidate for public office. Speakers may not give political campaign speeches but must instead speak concerning a matter on the City Council's agenda or matters concerning the general business of the City of Kent. Further, in providing public comment, speakers must address the Mayor and Council as a whole; remarks intended to target an individual on the dais are not permitted. Finally, please note that this public comment opportunity is for you to provide information to the Mayor and City Council that you would like us to consider, but we will not be able to answer questions during the meeting itself. The City Clerk will announce each speaker. When called to speak, please step up to the podium, state your name and city of residence for the record, and then state your comments. You will have up to three minutes to provide comment. Public Comment may be provided orally at the meeting, or submitted in writing, either by emailing the City Clerk by 4 p.m. on the day of the meeting at CityClerk@kentwa.gov or delivering the writing to the City Clerk at the meeting. If you will have difficulty attending the meeting by reason of disability, limited mobility, or any other reason that makes physical attendance difficult, and need accommodation in order to provide oral comment remotely, please contact the City Clerk by 4 p.m. on the day of the meeting at 253-856-5725 or CityClerk0kentwa.gov. Alternatively, you may email the Mayor and Council at MayorpKentWA._gov and CityCounci10KentWA..ocovv. Emails are not read into the record. 8. CONSENT CALENDAR A. Approval of Minutes i. City Council Meeting - City Council Regular Meeting - Nov 5, 2024 5:00 PM B. Payment of Bills - Approve C. Ordinance - Repealing and Replacing Section 9.02.710 Relating to Exclusion of Illegal Activity in Public Facilities - Adopt D. Ordinance Amending Chapter 8.09 KCC - Camping on Public Property - Adopt E. Consolidating Budget Adjustments between July 1, 2024, and September 30, 2024 - Ordinance - Adopt City Council Meeting City Council Regular Meeting November 19, 2024 F. Ordinance Amending KCC 3.28.050 - B&O Tax Manufacturing Gross Receipts Rate Change and Retailing Gross Receipts Maximum Change - Adopt G. Exemption from Permit Fee Refund Penalties - Resolution - Adopt H. Washington Traffic Safety Commission Interagency Agreement for the 2024-2025 Corridor Traffic Safety Project - Authorize 9. OTHER BUSINESS 10. BIDS 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT For additional information, please contact Kimberley A. Komoto, City Clerk at 253-856-5725, or email CityClerk@kentwa.cov. NOTE:A copy of the full agenda is available in the City Clerk's Office and at KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk at 253-856-5725 in advance of the meeting. For TDD relay service, call Washington Telecommunications Relay Services at 7-1-1. 4.A.2 PROCLAMATION WHEREAS, the City of Kent celebrates our local small businesses and the contributions they make to our local economy and community; and WHEREAS, according to the United States Small Business Administration, there are 32.5 million small businesses in the United States and small businesses make up a significant portion of Kent's downtown core; and c WHEREAS, over 95 percent of Kent's businesses have less than 100 employees yet 2 r comprise 62 percent of our community's jobs; and 0 U WHEREAS, two-thirds of Kent's businesses employ less than 10 people; and WHEREAS, consumers who shop on Small Business Saturday® agree that shopping at small, independently-owned businesses supports their commitment a to making purchases that have a positive social, economic, and environmental impact and agree that small businesses are essential to their community; and c� WHEREAS, most consumers who shop on Small Business Saturday report the day V) makes them want to shop or eat at small, independently-owned businesses all year long, not just during the holiday season; and N WHEREAS, the City of Kent supports our local businesses that create jobs, boost m our local economy, and preserve our community; and WHEREAS, advocacy groups, as well as public and private organizations across the o country have endorsed the Saturday after Thanksgiving as Small Business Saturday. o r Now, therefore, I, Dana Ralph, Mayor of Kent, do hereby proclaim November 30, 2024 0 L Small Business Saturday 2 In Kent Washington and urge the residents of our community and communities across the country, to support small businesses and merchants on Small Business E E Saturday and throughout the year. G U In witness whereof, I have hereunto set my hand this 19th day of November 2024. Mayor a Ralph KENT WASHINGTON Packet Pg. 4 4.A.3 PROCLAMATION WHEREAS, the Holodomor, or "murder by starvation," was one of the most tragic historical events in the history of Ukraine that resulted in the deaths of at least five million men, women, and children in Ukraine; and WHEREAS, the Holodomor was a genocide committed by the Soviet regime under the rule of Joseph Stalin against the people of Ukraine; and 0 WHEREAS, Washington State is home to nearly 100,000 recent immigrants with Ukrainian heritage, making it the fifth largest Ukrainian-American c°, population in the United States; and WHEREAS, with over 4000 Ukrainian-Americans, the City of Kent enjoys one of the largest Ukrainian diaspora of Washington State; and a WHEREAS, Americans with Ukrainian heritage living in Kent have enriched our city o through their leadership and contributions in business, academia, government, and the arts; and L WHEREAS, this year marks the 90th anniversary of the Holodomor genocide; and E E a) WHEREAS, Russia's ongoing invasion of Ukraine has led to the displacement of nearly seven million people and forced over six million to flee to E neighboring countries, creating the fastest growing refugee crisis in 0 Europe since World War II; and o 0 WHEREAS, the commemoration of the Holodomor is meant to ensure that it will not = be forgotten and that history doesn't repeat itself. ° c 0 NOW, THEREFORE, I, DANA RALPH, MAYOR OF KENT, DO HEREBY PROCLAIM NOVEMBER 23, 2024 TO BE E U 0 L Holodomor Remembrance Day a. H 0 In Kent Washington and encourage all residents, as well as our elected representatives, to commemorate the Holodomor with appropriate activities designed to honor its victims and educate future generations about this episode in the world's E history. E 0 U In witness whereof, I have hereunto set my hand this 19th day of November 2024. Mayor alph KENT WASH I N O T O N Packet Pg. 5 4.A.4 PROCLAMATION WHEREAS, Native American Heritage Month is recognized annually to honor Indigenous cultures, histories, traditions, art, and achievements; and WHEREAS, in the face of broken treaties, violent displacement, and genocide, c Native Americans have persevered and continued with remarkable 0 :r strength, resistance, resilience, and self-determination; and 0 WHEREAS, Native Americans, including local Muckleshoot, Duwamish and many m others have been protectors and stewards of our natural resources and c, environment since time immemorial; and a WHEREAS, the City of Kent values the many contributions made to society by Native people in technology, science, philosophy, the arts; and especially our c local Indigenous volunteers and leaders; and 0 WHEREAS, the City of Kent recognizes that we must work to combat the impacts of discrimination and racist policies on Native people, past and present, and eliminate inequities stemming from colonization; and = c WHEREAS, Native American Awareness Week began in 1976 and recognition was f° expanded by Congress and approved by President George Bush in c August 1990, designating the month of November as National American Indian Heritage Month; a� NOW, THEREFORE, I, Dana Ralph, Mayor of Kent, do hereby proclaim E November 2024 as �a z Native American Indian Heritage Month r_ 0 In Kent Washington and encourage all residents, as well as our elected representatives, to recognize and commemorate the important contributions that E Native American people have made to our country and communities. c L In witness whereof, I have hereunto set my hand this 19th day of November 20 a H 0 0 E N E Mayor Da Ral h U JU tiJ � f SCENT WASHINGTON Packet Pg. 6 5.B 14 w • department a November1 4 F c� ADMINISTRATION Equity co • Maria and Uriel will be attending this year's v Administration Race Forward Conference in St. Louis U • City staff are currently working with the Missouri. Race forward is the nation's Puget Sound Regional Fire Authority to largest multiracial, intergenerational racial ci renew the City's interlocal agreement with justice conference in the U.S. E the PSRFA. Since the inception of the • The contract to translate the City's vital PSRFA, the City and RFA have contracted documents has been signed. Each c with each other for various services, department went through an exercise as including arson investigations, fire part of the Title VI team, using a vital inspections, emergency management, and document toolkit to identify documents that building maintenance. Staff will bring a needed to be translated into the top 6 a revised agreement to the Council for community languages. The documents approval soon. should be available as soon as March of • Administration is excited to announce that it next year. has hired Capricia to fill the vacant 0 Executive Assistant position. Capricia has > been working as a temporary employee for many weeks and we are excited to bring Accounting N her into the Kent family as a fulltime The official exit conference for the City's ` employee. 2023 Financial, Federal Single (Grant) and a • On November 4, the Washington State Accountability Audits is scheduled for Office of the Courts notified numerous November 20th. Any member of Council Washington courts, including the Kent who wishes to attend is welcome to attend Municipal Court, that the OAC's computer this virtual meeting. To ensure compliance 2 system had detected unauthorized activity with the Open Public Meetings Act, M and was taken offline. OAC has indicated interested councilmembers should inform that there is no indication that any court or Kim Komoto and Paula Painter and they will E personal data has been accessed. ensure the requirements are met, if a o Unfortunately, due to the system being quorum of councilmembers will be in U taken offline, the Kent Municipal Court, attendance. which relies on the OAC system, has limited The 2023 Year-End procedures information operation. However, while case processing and documents are in progress. A meeting has temporarily slowed, the City is still able to disseminate the most critical information to file cases into court. The OAC has and answer any general questions will be indicated that it expects the system to be scheduled for the first week in December. back online sometime next week. Page 1 of 12 Packet Pg. 7 5.B Budget to the business, and provides much better • The 2025-2026 Biennial Budget and 2025 customer service. Property Tax Ordinances were approved by Business license renewal letters will be Council at Committee of the Whole on mailed out on December 2 for the 2025 November 5th and will be included on the renewal season. The renewal forms have December 10th Council agenda for been reviewed and updated. The master adoption. The first 4th Quarter Budget business license application is also being Adjustment and the September Monthly updated so it is more user-friendly and Report will be presented at the November clearer for our customers. 19th Committee of the Whole meeting. • The Budget Group is working on year-end HUMAN RESOURCES budget changes and budgeted transfers. The final 2024 budget changes will be a presented at the December 10t" Committee Benefits to of the Whole and will go straight to the • Open Enrollment Ends November 14 Council meeting that evening. The Budget • Working on contract renewals Group has also been working on gathering • Working with Employees and Managers on 3 information needed to create the new Protected Leave cases and ADA o Accommodations L) positions that will be added after the 2025- E 2026 budget is approved. • Laserfiche project - scanning options o Customer Service • Deferred Compensation meeting on y 11/13/2024 0 • On September 1, 2024, Customer Service a mailed letters with a renewal application to • Review Leave Balances for year-end limits customers currently receiving a utility Labor -- discount through our Lifeline program. This Continued KPOA Negotiations o g p g • Working on Org charts renewal process is to ensure that customers on the program remain eligible to receive Workday ) the discount. So far, we have received • Continue evaluation of impacts for Workday 4) approximately 300 renewal applications Migration to Public Cloud. back from the 753 letters mailed. On • Continue preparing for yearend processing. o December 2, we will be sending a 2nd letter • Configure, test, and rollout Performance 2 to customers that have not completed the Evaluation for Public Works Operations. renewal application process. Customers • Review and configure new features in T) must renew by December 31, 2024, to Workday Time Tracking. E continue to receive discounted rates. • Preparing for the kickoff of the Workday a w • We are continuing to turn off a higher-than- Learn implementation project. average number of delinquent water Workday October 2024 Statistics accounts each month. Between 2015-2019, 7898 - Total number of business c the average number of accounts shut off process events initiated during the W each month was less than 100. So far in selected month. r_ 2024, we have averaged 162 accounts 214 - Total number of business process being turned off each month. 179 payment events that were initiated by a manager E arrangements were approved this year to during the selected month U allow customers additional time to make 72 - Total number of business processes payment and avoid a water shut off. completed including new hires, Tax & Licensing terminations, and job changes. • Beginning mid-November, Kent business 86 - Total number of employee benefits license certificates will be automatically business processes completed in the emailed to businesses rather than mailed selected month. This includes out weeks later. This is a huge retirement savings changes, addition of improvement to our processes which will dependents to an enrollment, new reduce costs, provide a certificate instantly enrollments, and changes to eligibility. Page 2 of 12 Packet Pg. 8 5.6 Project Management Office • Working with the Police Department to replace the jail management system, Administration Tiburon with a scalable solution that will • Ongoing coordination of IT's integrate with other department systems contracts/procurements/accounting and for centralized management and administrative processes. secure/encrypted data share. The solution Application Development will streamline the current jail management • Working with AlertMedia to provide system landscape resulting in more templates / verbiage for texting services for efficient, accurate tracking of inmate network and system alerts. Answered records, long term physical security goals, various questions from AlertMedia regarding and maintenance contract savings. recipients and provided examples of alerts. . Collaborating with ECD to further stabilize a Asked for clarification on functionality of and enhance the functionality and usability 0 system. With Verizon deprecating of Amanda, the department's permit = @Vtext.com" text functionality, alerts are management system. currently being significantly delayed or not Security received at all. This has a significant impact • o Identity Access Management project is L) on response times for on-call personnel actively being worked, and currently going E using city issued phones with Verizon, thru Vendor demos and documentation. ° resulting in delayed response times and Advanced Email Search project, 4 extended downtimes in the case of an candidates were chosen, and vendor demos a outage. are scheduled this week and next. • Working with Verizon to provide • Varonis Data Classification Proof of Concept V_ connectivity solution for KEHOC is currently deployed and beginning to Q. construction container Nate and Team is evaluate the product. working from. Provided location and specifics to Verizon, awaiting reply with L, equipment suggestions / ability to provide service. Will engage IT Admin to procure if Verizon can provide viable solution. Received a total of 228 cases from the > • Met with vendor at FS74 to begin process of Police Department to review and assess for 12 replacing UPS batteries. Met with vendor to the filing of criminal charges during the .h do walk through / inventory of system. month of October. Of those cases, 90 were 'E Vendor discovered control panel is quite old for in-custody defendants which a and could use an upgrade. Vendor has necessitated rush filing the next business provided quotes for replacement of day after arrest. batteries, replacement of control panel, as Covered 72 court calendars in October, well as regular service plan for system. which included 1,754 cases scheduled for Currently evaluating quotes for next steps. hearing, spread across 1,173 defendants. Business Systems Of those, 444 cases were for 238 • Amanda: Began testing an improved refund defendants who were held in-custody. Of E process as well as the Commercial the remaining 935 defendants who were 0 Mechanical application type, updated required to appear in court on an out-of- multiple info pages for applications, and custody basis, 197 of them failed to appear added an option to request application (a 21% FTA rate). cancellation by the customer in Portal. Represented the City on an appeal before • General: Installed monthly Microsoft the hearing examiner related to the City's patches for servers and workstations to denial of a business license. The business, a improve security. hookah lounge, was attempting to operate in violation of state and local law by allowing indoor smoking in a place open to Page 3 of 12 Packet Pg. 9 5.6 the public and where employees are a vibrant community of talented vendors present. The hearing examiner will issue a and enthusiastic shoppers, creating a ruling in the coming weeks. festive atmosphere that was enjoyed by all. • Advised City staff on a business license The event was well-attended, and the application and subsequent notice of denial feedback we received from both vendors for a massage business attempting to and shoppers has been overwhelmingly operate in violation of Kent City Code. positive. • Drafted and advised Human Services staff We are proud to celebrate the longevity on renewal and amendment of agreements and continued success of our Outdoor with Stewart MacNichols and Harmell, Inc. Recreation Program, a cornerstone of P.S. and Valley Defenders, PLLC for public community engagement for Kent's senior defense services related to cases population. Program Coordinator John prosecuted in the Kent Municipal Court. Fiskum has dedicated more than 35 years a • Reviewed and produced records in response to providing enriching outdoor experiences to several subpoenas duces tecum issued for seniors, helping to create a tradition of = by defense counsel in felony criminal cases. active living and connection. • Worked with staff to draft amendments to The 2024/2025 Winter Outdoor Sport ; Chapter 8.09 of the Kent City Code (KCC) Program marks a special milestone in the L) regarding Camping on Public Property, and history of our senior center. For the first E to KCC 9.02.710 regarding exclusions from time, we are thrilled to welcome a third- ,° public facilities. generation participant—a current • Continued to work with staff and outside registrant whose father and grandmother a entities in their efforts to deploy fiber optic both shared a passion for the very same networks throughout the City to help programs. This generational connection provide residents with more options for highlights the lasting impact of these a internet service. outdoor activities. • Assisted the Clerk's Office with processing The third quarter numbers are in for the ) L and responding to large public records Kent Senior Activity Center, and they requests. reflect a bustling season of engagement o • Assisted the HR Department with a number and service. From July 1 to September 30, > of sensitive employment and labor-related we served over 2,700 lunches in our matters. kitchen. Additionally, we recorded more N • Advised City departments on several than 16,650 activity check-ins, showcasing c procurement and contract matters related the vibrant participation of our community. E to various ongoing projects. Our Meals on Wheels program reached 664 w • Assisted outside counsel on a number of households, ensuring that many seniors °' cases currently in litigation. received nutritious meals at home. U • Worked with staff to acquire the property The Kent Senior Activity Center hosted the c rights necessary to complete various annual Wellness and Resource Fair on W projects throughout the City. October 10 with over 200 attendees and 34 •2 • Assisted the Neighborhood Response Team vendors. Many participants took the and code enforcement staff to address a opportunity to receive their flu shots, c number of code enforcement issues further promoting health and well-being in u throughout the City. our community. • Afterschool programs at Meridian and Mill PARKS, RECREATION, AND Creek Middle Schools are thriving! The COMMUNITY SERVICES Open Gym Sports Program is a big hit, with over 120 students registered at each Recreation and Cultural Services school. Every day, students get active in • The Senior Activity Center's 36th Annual basketball, volleyball, soccer, and Holiday Craft Market was a tremendous badminton, with 40-90 participants joining success! This year's event brought together in daily. Page 4 of 12 Packet Pg. 10 5.B • The Middle School based cooking program (SWS) hosted by Holy Spirit Church. The continues to be extremely popular. SWS will be activated in the event weather Operating at capacity at two Middle conditions meet established criteria, and Schools, there are more than 20 students the space and volunteers to support the on the waitlist at Meridian Middle School. shelter are available. Kent Lutheran Church This year, our chefs in training have will continue to support SWS activation already cooked up delicious dishes like red with supplies and volunteers. velvet cake, pizza, chicken fettuccine Staff are completing monitoring visits with alfredo, wings, cinnamon rolls, spring rolls, all funded agencies. The monitoring visits spaghetti, and pico de gallo. It's an exciting include contract deliverables, program and engaging year for afterschool changes, and reviewing financial back up activities. that support expenditures. • The fall session of the elementary school • Washington state's "hub and spoke" aid a based After School Energy Program has network for asylum seekers who have co been a resounding success, with come to the area in recent years launched = participation numbers surpassing those of November 1st. Asylum-seekers can now call the previous year. Two coordinators are the "hub," a virtual and phone hotline at 1- ; overseeing 300+ children across nine 541-703-8336 0 elementary schools, while also or bit.ly/washingtonmass, operated by the E collaborating with the Puget Sound International Rescue Committee (IRC), to ,° Educational Service District (PSESD) to be assessed and assigned to organizations extend programming to an additional four to provide services needed. a schools. True to its name, After School Riverbend Golf Energy is designed to keep kids engaged • Aeriated and sanded greens and collars in and active. With the support of dedicated September. a high school and college-age staff, the • Aeriated and sanded tee boxes in coordinators lead a variety of fun and September. ) L dynamic activities that promote movement, • High priority, high traffic golf cart path teamwork, sportsmanship, mindfulness, removed and replaced by AA Asphalting in o and healthy habits, including nutrition. This September. Over 8,000 square feet > program helps students learn to stay active removed and placed on holes 12, 13, 15 while having fun. and 16. N • The Adaptive Recreation and Youth/Teen • Removed trees and limbed trees adjacent c staff took home 1st place at the annual to hole 13. E Kent Station Halloween Event on October • Plants and trees installed on Meeker Street a w 31. Over 1,500 kiddos and their families adjacent to the west parking lot. enjoyed the spooky "selfie" backdrop and • Riverbend Winter Series starts November werewolf themed booth. Many daring kids 301", which features 4 off season events. c attempted to touch Cerberus, the 3-headed Hosted the final Riverbend Men's and W fire breathing dog and lived to tell their Ladies Club events in October and wild tale! November respectively. Human Services Davey Resource Group completed a level 1 E • Staff is participating as a grant application tree assessment. U reviewer for the South King Count Severe • Implemented an online booking feature for Weather Response RFP lead by the King golf lessons. County Regional Homelessness Authority. • Installed 1 heater at the driving range to Approximately $100,000 is available to evaluate efficacy and user experience, support increasing access to Severe looking to install heaters over the next Weather Shelter. month. • Human Services entered into an agreement with the Urban League to provide staffing for the City's Severe Weather Shelter Page 5 of 12 Packet Pg. 11 5.B minor by Nampa PD (ID) with a bail set at • $1 million was taken into custody without Events and awards received: incident. • Events: On October 26, 2024, around 5:30 a.m., 0 2024 Fall Community Police Academy patrol responded to SE 233rd St and 132nd 0 10/26, Drug Take Back Day for damage to a Comcast site. The Comcast • Awards: representative reported that cables had 0 10/29, Letter of Commendation, Officer been cut around 2:30 a.m. While nothing Patrick Baughman had been taken, the estimated damage at 0 11/16, 20th Anniversary, Doug Whitely this site was approximately $30,000. 0 11/16, 20th Anniversary, Travis Wilson • On October 26, 2024, at 9:30 p.m., units 0 11/17, Chief's Award of Exceptional Duty, were dispatched to Lake Meridian Cleaners Nick Lontz for two subjects refusing to leave the a • Staff Changes/Off-Boarding/On- business. Dispatch reported hearing yelling 0 Boarding/Div Change/Promotions: in the background and subsequently 0 11/3, Detectives, Patrick Baughman advised that one of the subjects had 0 11/3, Patrol, Erin Lai brandished a utility knife. One victim locked ; 0 11/3, Patrol, Justin Campbell himself inside the business while the L) Significant crime suspects remained outside. Probable cause E activities/arrests/investigations was established for robbery and burglary. ,° • On October 24, 2024, at 4:58 a.m., officers Both suspects were arrested, and the knife responded to the 7-11 at 511 S. Central to was recovered. One suspect was booked a take a report of a carjacking. The reporting into King County Jail, while the other was party stated that they exited their vehicle to interviewed and released. V_ investigate a strange noise and were On October 27, 2024, officers were 0 subsequently robbed at gunpoint, resulting dispatched to a civil standby but diverted to in the theft of their vehicle, which remains a blocking collision en route. Neighbors ) outstanding. The case has been referred to reported that the situation had escalated, detectives. with blood present and two individuals o • On October 24, 2024, an officer conducted fighting, one being struck in the head with a > a traffic stop in the Quality Inn parking lot. metal pot. It was determined that the When confronted by the officer, the driver female victim had been invited inside by her N exited the vehicle and began to walk away. boyfriend, with whom she was having a civil c The suspect then concealed a MAC10 on top standby. The suspect assaulted the female E of a parked vehicle. The individual was victim and subsequently locked her in a w arrested after backup arrived. The suspect, bedroom. The male victim and a witness 2 a convicted felon, was booked into King attempted to assist, leading to sounds of U County Jail for violation of the Uniform distress and calls to 911. They managed to c Firearms Act and has pending felony firearm gain entry and evacuated four minor cases. children. During this time, the female victim •2 • On October 24, 2024, around 11:14 p.m., was assaulted again by the suspect. The patrol responded to 3900 Veterans Dr for a suspect threw boiling water on the male c report of a large fight. Approximately 15 victim, causing possible second-degree U juveniles were reported to be fighting, some burns and potentially third-degree burns to armed with bats, knives, and other objects. himself. The suspect also struck the male Upon arrival, the patrol found that the victim in the head with the pot. A physical fighting had ceased. Interviews revealed altercation continued until law enforcement that the altercation had originated at school detained the suspect. Both males were and had developed into an ongoing issue transported to Valley Medical for burn between several groups of juveniles. evaluations. • On October 25, 2024, an individual wanted On October 28, 2024, at approximately for two counts of child molestation of a 3:57 a.m., officers were dispatched to the Page 6 of 12 Packet Pg. 12 5.B Shell Gas Station for a robbery. The suspect the officer performed a PIT maneuver, did not harm the cashier but threatened to pinning the vehicle and ending the pursuit. do so if the cashier did not provide money The driver, a local individual with a known from the register. The suspect was given history, was taken into custody without approximately $1,000 in cash and fled the injuries. Minor damage was sustained to the area. A K9 track was conducted, but the officer's vehicle during the maneuver. suspect was not located. On October 30, 2024, an officer observed a • On October 29, 2024, an officer located an stolen vehicle heading westbound on Willis occupied stolen vehicle traveling Street through a license plate reader. The southbound on 132nd Avenue South. The officer set up spike strips while a second vehicle entered a residential area, where officer spotted the vehicle and followed it at the officer attempted a traffic stop, but the a distance. The suspect attempted to flee in vehicle fled southbound. The pursuit the vehicle but stalled due to inexperience a continued westbound on SE 256th Street, with the manual transmission. The officers where spike strips were deployed near quickly contained the vehicle and detained = 116th Avenue SE. The vehicle proceeded both the driver and a passenger. westbound and turned eastbound on Kent On October 31, 2024, at approximately ; Kangley Road, where it eventually rear- 9:06 p.m., officers responded to an alarm L) ended another vehicle in front of a grocery at a construction company at 20400 84th E store at 132nd Avenue SE. The driver, Avenue South. Officers discovered two ,° accompanied only by a small dog, exited vehicles on site, one of which attempted to the vehicle while moving at approximately flee. Following a brief pursuit, one occupant a 20-25 mph and fled southbound toward was apprehended. The business, a tool Birch Creek Apartments. During the escape, warehouse, had been previously targeted. V- the driver dropped a firearm magazine and On October 31, 2024, an officer was a later the firearm itself. Following a foot dispatched to investigate a report of a pursuit, the suspect was apprehended at young child left unattended in a room at a ) L Birch Creek. The unoccupied vehicle local establishment. The child was found continued eastbound, crossing the median upset and unable to locate their guardian. o and striking several westbound vehicles. Upon the guardian's return, they were > Only minor injuries were reported. taken into custody on charges of neglect. W • On October 29, 2024, at approximately On November 1, 2024, officers responded N 11:37 p.m., officers responded to an alarm to an unwanted subject displaying erratic c at Hong Kong Market and discovered behavior. After establishing probable cause, E several broken windows, though no entry officers detained the individual and w appeared to have been made. While searched, finding an object resembling a 2 checking the area, another alarm was potential hazard. The individual was booked U triggered at a nearby business. Officers on an outstanding warrant. c observed a suspect attempting to flee on On November 3, 2024, at approximatelycc foot and apprehended the individual at the 1:28 a.m., officers responded to suspicious •2 scene, while a second suspect fled in a activity reports at a business. A vehicle with ' E vehicle. Aerial support was used to track visible damage was observed. Investigation c the suspect vehicle to Tacoma, where the revealed that individuals in a separate U suspect switched to a second vehicle. The vehicle discharged projectiles at the individual was eventually apprehended with business before fleeing. Evidence was the assistance of a K9 unit. collected at the scene, and no injuries were • On October 30, 2024, an officer attempted reported. to stop an unlicensed vehicle near Central On November 3, 2024, at approximately and Pioneer. The vehicle accelerated 1:58 a.m., officers responded to an incident northbound, prompting the officer to initiate at a recovery center involving an a pursuit, joined by two additional officers. uncooperative patient. Officers detained the As the vehicle approached Highway 167, Page 7 of 12 Packet Pg. 13 5.B individual without injury, and the case has ECD. Heath Brackett is working with the been referred for additional review. ESRI vendor on a needed support contract • On November 4, 2024, officers responded for the GIS Re-architecture project. to a two-vehicle collision near a local Environmental business. The crash occurred when one Planet Protectors Summit: It's still about 6 vehicle attempted a turn and was struck by months away and currently, over 773 another. The passenger in one vehicle students registered from 11 total schools - received medical attention but succumbed 9 from Kent School District and 2 from to injuries on the scene. Both drivers Federal Way Public Schools. Working on appeared to be impaired. The investigation securing presenters to fill out schedules and remains ongoing. need to send emails to the KSD • On Monday, November 6, 2024, at transportation and all registered schools. approximately 11:03 p.m., patrol • Republic Services Solid Waste Management a responded to an attempted robbery at Contract: City approved the 2025 rates on 10600 SE 250th Place. The victim reported Tuesday, October 15t". Info Only that, while outside with her dog, an presentation to the COW to be made on Nov unknown individual approached her and 19. ; tried to take her wedding ring. The victim Recycling Events: Staff has begun the L) attempted to deter the suspect and contracting process for a manager of E sustained minor injuries. Officers responded recycle events for 2025. ° swiftly to the scene, utilizing K9 support King County Strategic Climate Action Plan: and Guardian resources in an extensive Staff will attend an in-person workshop on a search, but could not locate the individual. Friday organized by King County Solid • On Tuesday, November 7, 2024, at Waste Division regarding the updates to the approximately 11:51 p.m., patrol 2020 Strategic Climate Action Plan. a responded to a verified alarm at Baja Fresh • National Stormwater Awareness Week: This at 8800 S 180th Street. Officers found that week is National Stormwater Awareness ) L entry had been gained through a pried-open Week. Staff will be attending some of the window. The premises were found vacant, free training that will be available o and video footage, reviewed on-site with an throughout the week on topics including employee, revealed a possible suspect. illicit discharge prevention and response, source control inspections and N PUBLIC WORKS investigations, pollution prevention •c education and outreach, and the benefits of E Survey green stormwater infrastructure. w • Survey Field staff continue staking Levee Patrol and Flood Safety Training: A E construction improvements on 761" Ave and 30-minute Flood Safety training will be 218t" Street roadway projects. Staff provided during an Operations Safety c continue providing topographic mapping for meeting on November 14th. This training W the West Hill Booster Station, Pacific with review the following: Highway Pedestrian Beacons and East Hill Flood Safety: Essential techniques to E Operation Center. Survey Office staff are protect yourself and others during flood c preparing CIP project boundary records for events. Levee Patrol: Guidelines on U the 116t" Ave and SE 248t" roundabout, inspecting levees, identifying potential writing legal descriptions for the Clark Lake issues, and reporting concerns during or Grant, and providing professional review of after high-flow events on the Green River. private development project submittals. Design • GIS staff continue planning for GIS Day Pavement Preservation: 60% review Events on November 20t", testing the New postponed. Working to secure Traffic GIS Portal request system, public data Control consultant to support development sharing, updating portal content standards, site specific plans. Anticipate one site where and making changes to the Zoning Maps for traffic control devices are likely to extend Page 8 of 12 Packet Pg. 14 5.6 into WSDOT Limited Access Right-of-Way Linda Heights Sewer Pump Station: and require WSDOT review and approval. Advertised project on Tue 10/15, with 11/7 Current WSDOT review and approval Bid Opening. RL Alia Co apparent low bidder timeline exceeds 6 weeks. and currently checking references. • Mill Creek ReEstablishment - Little Property Construction Floodplain Channel: Lumen directional Mill Creek / 761h Avenue S Culvert boring design is moving forward - received Improvements: Crews began grading preliminary construction agreement and private driveways and parking lots. schedule for review. Met with Washington Pavement placement scheduled for late this Department of Fish and Wildlife (WDFW) week, weather permitting. Concrete and Muckleshoot Indian Tribe (MIT) Nov 6 driveway, curb and west side sidewalk for to finalize stream channel cross-section and this phase has been completed. Crews wood placement. Feedback received was began concrete sidewalk forming on west a positive and both groups are looking side Monday, 11/11. The bridge co forward to project construction in the subcontractor is forming and pouring summer of 2025. barriers for both bridges; concrete pour • MMoM - Washington/Thompson Ave to scheduled for 11/14. West approach slab ; Interurban Trail: 60% review anticipated and final one at Saia Freight was poured U mid-Nov. 11/6. PSE gas crews have completed gas E • Canyon Dr & Weiland St Access Control: reconnection. Electrician crews have ° 30% review distributed Nov 1. Comments completed streetlighting conduit due Nov 15. installation, in addition to luminaire bases a • 104th Ave Pedestrian Safety on the North half of the project. Improvements: 30% review distributed Nov 1. Comments due Nov 15. 0 • SR 99 Pedestrian Hybrid Beacon - S 250th St Vic.: 30% review distributed Nov !) L 1. Comments due Nov 15. - . • Pedestrian Hybrid Beacon - 108th Ave SE at o Panther Lake Library: 30% review ., distributed Nov 1. Comments due Nov 15. - -4 M • 74th and Willis Intersection Improvements: - - Construction Contract Executed and waiting c on WSDOT traffic control plan's review and - approval before beginning work. • West Hill Water Booster Pump Station: Site visits with consultant on Nov. 12th to U discuss Trans Main coordination, discuss _ c draft 30% site plans, Pump Selection, and design alternatives. • West Hill Water Transmission Main: Evaluating existing 12" WM crossing on _ c west side of SR516 (Benefit Cost Analysis U underway). Met with Design and Operations ` on 11/5 to discuss/finalize watermain route and booster pump station coordination Reith Road Roundabouts: Construction related items. Additional modeling work will detour is ongoing. Reith Road is closed from be proposed to minimize pipe sizes and 253rd to Lake Fenwick Rd. Contractor address system concerns. pouring truck apron at S 253rd and Reith • 81s' Stormwater Pump Station: Woodford Road this week. Also forming concrete Ave improvements will be advertised with moment slab sidewalk at NE corner of 46th this project. Page 9 of 12 Packet Pg. 15 5.6 and Reith Rd this week. The electrical working on wall 6 currently. Working to subcontractor is installing temp lighting for schedule relocation of conflicting existing the roundabouts. Base lift paving was PSE conduit at wall 5. Attempting to completed at both roundabouts last week. schedule grinding of stumps at wall 4 this Scheduling temp striping for upcoming week. First PSE vault delivery scheduled for traffic shift as weather permits. this week with installation to begin. !A U c L titer � N 0 Meeker Street Multimodal, Kent Elementary L School and Meeker St at 64th Ave N Intersection: Material and subcontract .9 submittals being delivered and processed. a Mobilization and preliminary potholing work has taken place. Notice to proceed issued • Safe Routes to Schools - School Zone 10/28. Project remains suspended this Flashers: Notice to proceed to be issued on week while design and construction details c Monday (10/28). Work on West Hill continue to be ironed out. Traffic will be U beginning 11/12 near Sunnycrest restricted to 1 lane each direction upon Elementary (Beacons 1-4). Star Lake start of construction. E (Beacon 5) and Park Orchard (Beacon 6) to Streets o follow. Street Maintenance crews cleaned traffic U • S 218' Street/98th Avenue S from 941h islands at Military Rd S and S 2591h PI, Place S to S 216th Street: The closure of S ground sidewalks on SR515 between SE 218th St / 98th Ave S from 94th PI S to S 192"d St and SE 2081h St, cleaned mid-block 216th St is in place. This closure and its crosswalks at 25700 104th Ave SE, on W detour routes will be in place until October Meeker St between 64th Ave S and Frager 2025. New storm drain system installation Rd and on S 260th St, east of 25th PI S, is ongoing this week. Mainline crew is removed, poured new sidewalk and heading north on 98th now. Contractor backfilled sidewalk at 21793 108th Ave SE, continues building retaining walls this week, Page 10 of 12 Packet Pg. 16 5.6 cleaned sidewalks on S 2601" St between Wetland Mitigation crews line trimmed, 25t" PI S and Military Rd S, repaired the removed weeds and dead plants and handrail at E Willis St and Central Ave S, planted at the Little Property and Downey replaced missing tuff curb at various sites, planted at Veterans Dr and sowed locations citywide, made repairs from seeds. concrete pour in the east Fleet bays and Water/Sewer loaded sanders and plows in preparation of • Distribution crews repaired the air vac at winter weather. 24919 1215t PI SE, shutdown the fire line for • Signs and Markings crews installed bases Cross Connection at S 228' St and 76' Ave and replaced signs for the retro-reflectivity S, used the Vactor for hydrants at 10300 SE program on SE 224t" St, east of 104t" Ave 264t" St, potholed at Blue Boy at 112t" Ave SE, installed bases and signs for WO #25- SE and SE 236t" PI, planned cubing at the 054 at S 243rd PI and 93rd Ct S, inspected 590 Pressure Zone, worked on the racking and replaced blue stars and performed sign for the new parts yard at KEHOC, and maintenance for service requests at various performed dead-end flushing at various locations citywide. locations citywide. • Solid Waste staff cleaned up debris along S • The Hydrant and large meter crews have ; 228t" St from W Valley Hwy to Central Ave replaced a 3" meter assembly at Air Liquide 0 N and performed hot spot inspections and on S 222nd St, repaired a foot valve at E garbage can work, and responded to service 10300 SE 264t" St, installed purity on the 3" 0 requests at various locations Citywide. meter at KEHOC, cleaned out and organized • Water Vegetation crews line trimmed, the water shed area, worked with GIS on a mowed, and cleared debris at Armstrong mapping assets, performed hydrant Springs, the 208t" Well, the 212t" Treatment operations on the East Hill, installed radio Plant, Seven Oaks, Pump Station #5, Kent read meters for Customer Service, and set a Springs and at the West Hill sites. new meters for new construction sites at • Street Vegetation staff maintained the various locations citywide. ) L planted beds along W Meeker St, S 204t" Sewer staff have used the Vactor and TV U St, at the Hong Kong Market on E Meeker inspected the sewer and storm lines on 981" o St and at S 240t" St in front of the Shops, Ave S from S 234t" PI to the dead end and > performed leaf blowing on Canyon Dr and at the sewer lines at S 238t" St and 68t" Ave S, other various locations Citywide, removed performed sewer line cleaning at SE 216t" N leaves at N Lincoln Ave and W Meeker St, St and 100t" Ave SE, maintained the c scheduled the lift truck for some tree work, easement area and checked lines at E and disassembled the water and spray Lindental at 26432 118t" PI SE, performed w trucks. sewer inspections at S 2315t St and 591" PI °' • The Sidearm mower crews mowed along S, and performed line cleaning, flushes and U 144t" Ave SE from SE Kent Kangley Rd to drop checks at various locations citywide. c City limits, S 248t" St from 120t" Ave SE to Source, Supply and Pumpstations W 132nd Ave SE, 120t" Ave SE from S 2401" St Source and Supply staff put the 6 MG 1 to S 248t" St, Military Rd S from Kent Des tank back online, changed the block heater Moines Rd to S 272nd St, S Reith Rd from S on the generator at Armstrong Springs, c 253rd St to Pacific Hwy S, SE 192nd St from switched to gravity supply at Kent Springs U 108t" Ave SE to 124t" Ave SE, Frager Rd S and performed Pressure Reducing Valve from W Meeker St to the access gate and (PRV) and Pumpstation checks at various from S 216t" St to S 204t" St and along S locations citywide. 259t" PI from Military Rd S to Pacific Hwy S, Water Quality staff have performed cleared vision obstructions on 104t" Ave SE maintenance at the 212t" Treatment Plant, and at 148t" Ave SE and S 256t" St and repaired a caustic pump at Pumpstation #5, finished up their list to begin the process of worked on November work orders, collected shutting down mowers for the season. and shipped annual per and polyfluoroalkyl substances (PFAS) samples, and performed Page 11 of 12 Packet Pg. 17 5.6 T-run and wellhead sampling at various 11411 SE 195t" PI, Schuver Estates at locations citywide. 23628 116t" Ave SE, West Creek Meadows • SCADA staff worked on troubleshooting at 21725 116t" Ave SE, Kara Crest/Cofield issues at Pump Station #3 and #4 for the at 9902 S 220t" PI, Jame's Place Channel at Reith Rd tank fill, moved the IT addresses 13812 SE 237t" PI and at Cottonwood Court for the DMZ server, hooked up the at 11324 SE 212t" St, and removed pond input/output at Victoria Ridge, and worked trees at the Village at Soos Creek at 23861 on Wonderware and Win-911 140t" Ln SE. improvements. Fleet/Warehouse • Pumpstation crews installed the Wet Well The Warehouse crews have continued with Wizard at Lindental, repaired the concrete staff training on Cityworks, warehouse pad blower at the Frager Pump Station, purchase orders and other various updated the program at the Horseshoe warehouse processes, worked on forklift a Storm Pump Station, and performed wet certification and recertification classes, well cleaning and Sewer and Storm pump continued to assist with CDL training, station checks at various locations citywide. maintained the shops yard, keeping it clean Storm Drainage/Vegetation: and free of litter and debris, cleaned and ; • Storm crews placed asphalt at a berm at maintained the wash rack, washed and 0 26121 145t" Ave SE, moved the sandbags vacuumed motor pool vehicles, issued E at KEHOC, performed leaf cleaning with Personal Protection Equipment (PPE) and ,° Snuffy, the leaf vacuum, at various motor pool vehicles to staff and hydrant locations citywide, cleaned the Meeker St meters and public notice boards to a Bridge in preparation for winter, performed contractors, repaired small equipment as root cutting in preparation for winter at needed, received parts and inventory various locations citywide, and performed orders, picked up and delivered the inner- a leaf clean-up, line cleaning, hot spot checks office mail, and hauled spoils as time and and dam inspections at various locations equipment were available. ) L citywide. Crews also performed National Fleet staff have set-up two new vehicles, Pollutant Discharge Elimination System worked on the new Parks truck, had o (NPDES) inspections at S 212t" Way and multiple vehicles out for repairs at Ford, the > 96t" Ave S, 108t" Ave SE and SE 204t" St, E vendor and the body shop, performed air James St and Clark Ave N, S 212t" St and brake inspections, prepared vehicles for the N 84t" Ave S, S 214t" PI and 94t" PI S and at S December auction, and worked on City c 218t" St and 95t" PI S, and NPDES pumping Space write ups and scheduled and non- E at various locations citywide. scheduled maintenance repairs. The Street w • Wetland Maintenance crews repaired split section poured new concrete in the east °' rail fencing at 25020 117t" Ct SE, 26402 bays and are finishing up the concrete U 110t" PI SE, 27905 126t" PI SE, 25902 146t" work. ii 0 Ave S, Sun Preet at 24308 116t" PI SE, Heritage Lakeland East at 10528 SE 271s' St, Village Creek Estates at 117t" PI SE and ### SE 248t" St and at GRNRA at 22306 Russell E Rd, trimmed the blackberry bushes at U 24424 118t" Ct SE, picked up litter for service request at 26504 115t" PI SE, and cleaned up the Red Barn vegetation and mowed at the GRNRA at 22306 Russell Rd. • Holding Pond crews mowed and line trimmed at Kentridge Estates at 21304 130t" Ave SE, Fern Crest Div 3 at 22806 135t" Ave SE, Fern Crest Div 1A and 1B at 22521 132"d PI SE, Plateau at Panther at Page 12 of 12 Packet Pg. 18 6.A • KENT *A S M IN G T O N DATE: November 19, 2024 TO: Kent City Council SUBJECT: Public Hearing for the 2044 Comprehensive Plan SUMMARY: Staff will provide a brief presentation before Council holds a hearing on the Draft 2044 Kent Comprehensive Plan. On November 12, 2024, after a public hearing, the Land Use and Planning Board recommended Council adopt the draft Comprehensive Plan, subject to final incorporation of edits to address community input and minor revisions by the City Attorney during the final ordinance review. Staff will provide a summary of anticipated edits. The City has received two comment letters from property owners with concerns about changes to the Future Land Use Map (FLU) and zoning regarding future development potential on individual lots (Exhibits 1 and 2). A third letter was received from Washington State Department of Natural Resources (DNR) related to Washington Geological Survey (WGS) and is included as Exhibit 3. BACKGROUND: 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 It also includes appendices with supporting analysis, documentation, and six-year capital financing plans for the City of Kent, all school districts serving Kent, and the Puget Sound Regional Fire Authority. Packet Pg. 19 6.A 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 can be found online at www.Engage.KentWA.gov/FutureKent. 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. Comment Letter - Baker Property (PDF) 2. Comment Letter - Devore Property (PDF) 3. Comment Letter - DNR (PDF) Packet Pg. 20 6.A.a Holdsworth, Kristen From: Clint Absher <absher.cd@gmail.com> Sent: Tuesday, November 12, 2024 6:18 PM To: Future Kent; Kosen, Tanya Subject: Comment Period - 11029 SE 192nd St Follow Up Flag: Follow up Flag Status: Completed a m This message originated outside the City of Kent. Use caution when following links or opening t attachments as they can be malicious. Please contact IT Security at ISP@KentWA.gov with any a questions. E 0 Hi there, I tried joining the zoom meeting tonight to provide a public comment on the comp plan update that is going to impact N the property I am working on. c The address is in the subject line. 0 0 1 am working with the owners of the property(Bruce and Mary Baker) and we have a pre-app meeting scheduled for E �L December 10th. m x Our intent is to entitle the property for single family lots to further develop the adjacent property to the east that is another single family development. a3 co The property owner received a notice that the zoning was going to be changed. We would ask that the current zoning for the property be maintained and not changed to the community commercial zoning that the comp plan is stating that it is going to be changed to. m Q. 0 Please let me know if there are further discussions needed to keep the zoning the same for this property. a- L Thank you m L J ClintAbsher r c m Bonney Lake, WA E E 0 U c E t U r Q 1 Packet Pg. 21 6.A.b Holdsworth, Kristen From: Justin Devore <jdevore777@gmail.com> Sent: Tuesday, November 12, 2024 10:00 PM To: Future Kent Subject: Fwd: Parcel #2822059164: Request to stop zoning change proposed via Kent Comprehensive Plan 2044 Attachments: image002.png; image003.png c ca Follow U Fla Follow u a p g� p ° Flag Status: Flagged .N c m a� L Q This message originated outside the City of Kent. Use caution when following links or opening o attachments as they can be malicious. Please contact IT Security at ISP@KentWA.aov with any V questions. 0 N d t It appears the text from Soundview Consultants didn't convey in my original email, thus I am including it here. Thank 0 you. c L Chapter 5. Results The results include data from historic aerial photograph interpretations, drainage basin maps, and a field investigations. Interpretation of historical aerial photographs suggests that most of the subject property had been used for agricultural use and was most likely not wetland during that time. An � assessment of the drainage basin suggests an increase in the volume of water being directed into streams that cross the subject property resulting in an artificially expanded wetland area. The wetland findings show that the current wetland area covers the majority of the subject property. a 0 L a. In addition, the excavated channel associated with the south tributary appears to have not been o maintained and may have filled in in the area between 1241h Avenue Southeast and the subject y property. The apparent lack of maintenance and filling in of the channel, coupled with the direct surface runoff, would most likely have resulted in a substantial increase in frequency of on-site flooding,saturation,and wetland area. J C N ---------- Forwarded message --------- E From:Justin Devore ° v Date:Tue, Nov 12, 2024 at 11:57 PM c Subject: Parcel #2822059164: Request to stop zoning change proposed via Kent Comprehensive Plan 2044 ° To: <Future Kent@kentwa.gov> c� Q To whom it may concern: I am sending this email to formally dispute a proposed zoning change in relation to my parcel,#2822059164(12633 SE 270th Street, Kent 98030). Kristen Holdsworth, Long Range Planning Manager from the City of Kent directed me to email this box. Packet Pg. 22 6.A.b Please note that I am the legal executor of my deceased father, David DeVore's estate,which includes this property. I am hereby requesting to maintain the existing MR-H zoning for the northern portion of my deceased father's property. Changing the zoning now, at a time when I have the property listed for sale, will create an immense financial hardship for my family and will likely make the property substantially more difficult to sell. My wife and I are a single- income family, have a modest income and live a very modest lifestyle. We don't have the financial resources to further develop the property, including having it sub-divided. We are firm believers in giving-back to the community (and regularly practice doing so with our time and limited resources) and thus I would love to see a small development of low-income housing or senior, income-restricted apartments (which my mother happens to live in in Puyallup and has made a world of difference in her quality of life) along the portion of the property that runs adjacent to Kent-Kangley Road. I believe such a development would well-serve the local community and align cohesively with existing area shops and services. c ca a As an aside, prior to his passing, my father had some analysis of his property performed by Soundview Consultants-who concluded that a portion of the existing wetland area was likely caused by runoff from nearby development(manmade) as well as the lack of maintenance of an excavated channel (see below text). a� L Q E O U 0 N d t C O C L Many thanks for your time and consideration. Please let me know if you have any questions. x Justin DeVore 602-697-4002 a m r d Q O L a. d L O d L J C N E E O U C N E t v cC Q 2 Packet Pg. 23 6.A.c Holdsworth, Kristen From: Sears, Tricia (DNR) <Tricia.Sears@dnr.wa.gov> Sent: Wednesday, November 13, 2024 3:47 PM To: Holdsworth, Kristen Cc: Sears, Tricia (DNR); Holman, Carol (COM) Subject: Kent's Comprehensive Plan update (Commerce ID# 2024-5-7620): WGS comments Follow Up Flag: Follow up Flag Status: Flagged c c� a as This message originated outside the City of Kent. Use caution when following links or opening attachments as they can be malicious. Please contact IT Security at ISP@KentWA.gov with any questions. ;v a E 11/13/24 0 U Hello Kristen, N m z In keeping with the interagency correspondence principles, I am providing you with comments on Kent's Comprehensive r Plan update (Commerce ID#2024-5-7620). 0 a� c L For this proposal submitted via Planview, I looked at the proposal and focused on areas related to WGS work. Of note, but not limited to, I look for language around the geologically hazardous areas, mineral resource lands, mining, climate = change, and natural hazards mitigation plans. 0 IL Specifically in this proposal, I reviewed the Kent Comp Plan Commerce Checklist 10-11-24 PDF. cc ti r On pages 6-7 of the Checklist, as part of the Land Use Element,the table includes these three items related to critical areas and natural resource lands. C The Compr nsil shows UGA i la h. Identification of open space corridors and green spaces UGA.While ap within and between urban growth areas, including lands Ch 2 Ch 4 Ch 5 specific op E ;pa( useful for recreation,wildlife habitat,trails and Goal LU-10 and No and critical E as, connection of critical areas,and urban and community supporting policies described; 0 mal forests within the UGA. RCW 36.70A.070(11 amended in (chapters. 2023, RCW 36.70A.160 and WAC 365-196-335 Recreation E tra (Transport; i)a a i Packet Pg. 24 6.A.c k. Policies to designate and protect critical areas including wetlands,fish and wildlife habitat protection areas,frequently flooded areas, critical aquifer recharge areas and geologically hazardous areas. In Goal LU — f j th developing these policies,the city must have included conservath mh, the best available science(BAS)to protect the wildlife hat s, ri functions and values of critical areas, and give"special Yes, Goal LU — 8 No resources, er c consideration"to conservation or protection measures necessary to preserve or enhance anadromous The Shorel =lei fisheries. topic. RCW 36.70A.0M 60, RCW 36.70A.172,WAC 365-190- _ 080. Best Available Science:see WAC 365-195-900 through-925 a- a� I. If forest or agricultural lands of long-term commercial c significance are designated inside a city: a program Yes,Ch 2, The Natura t eas authorizing Transfer(or Purchase) of Development p. 2-9 No informatioi a out Rights. RCW 36.70A.060(4). RCW 36.70A.170 Agricultura o soy U 0 N t C O a1 C •L R d 2 v 7 d Z L J C O E E The Shoreline Element includes information about critical areas. U r c The Climate Change and Resiliency Element is included, even though Kent is not yet required to have one, nice work.The E table for that information begins on page 23. There is information about the natural resource lands development regulations. Q In summary, the tables in the Checklist indicate the existing provisions for areas of focus for WGS are remaining the same/not proposed for changes with the exception of the climate change information.That information is new. Note, the Planview submittal does not include the Land Use Element,the Natural Environment Element, or the Climate Change and Resiliency Element as separate attachments. 2 Packet Pg. 25 6.A.c Suggest that Kent include in the comp plan, language that demonstrates the relationship of the Land Use, Natural Element, and Climate Change and Resilience Elements. Describe related plans such as the hazard mitigation plan and the climate action plan,to further connect the multi-disciplinary aspects of land use planning. Below, I include our usual language for future endeavors. Recognizing the limitations of the current proposals, I want to mention that it would be great for you to consider these in current or future work, be it in your comprehensive plan, development code, and SMP updates, and in your work in general: • Consider adding a reference to WAC 365-190-120 geologically hazardous areas for definitions in other areas besides the CAO. In addition, consider adding a reference to WAC 365-196-480 for natural resource lands. c� • Consider adding a reference to the WGS Geologic Information Portal in other areas besides the CAO. If you have a not checked our interactive database, the WGS Geologic Information Portal, lately,you may wish to do so. Geologic Information Portal I WA- DNR • If you have not checked out our Geologic Planning page,you may wish to do so. Geologic Planning I WA- DNR a E Thank you for considering our comments. If you have any questions or need additional information, please contact me. v For your convenience, if there are no concerns or follow-up discussion,you may consider these comments to be final as 3* of the 60-day comment deadline of 12/10/24. N m z Cheerio, 0 Tricia a� c L Tricia R. Sears (she/her/hers) m x Geologic Planning Liaison 2 Washington Geological Survey(WGS) 0 Washington Department of Natural Resources(DNR) a Cell: 360-628-2867 Email:tricia.sears@dnr.wa.gov r W Z L J C N E E O V C N E t v cC Q 3 Packet Pg. 26 6.B • KENT *A S M IN G T O N DATE: November 19, 2024 TO: Kent City Council SUBJECT: Public Hearing Regarding Adopting and Updating SEPA Categorical Exemptions SUMMARY: Planning Staff will provide a brief summary prior to the public hearing about new categorical exemptions allowed under state law for SEPA review related to development that supports the State's goal of accommodating more housing within urban growth areas and supports sustainable growth by streamlining development permitting. A Hearing was held before the Land Use and Planning Board on November 12, 2024, where members voted to recommend adoption. Staff have received two written comments from state agencies and they are included as Exhibits 2 and 3. Background: 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 Planning City under RCW 36.70A.040 of the Growth Management Act, Kent is authorized to establish categorical exemptions to SEPA review 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, and others require a jurisdiction to take specific action in order to authorize an exemption. With this background in mind, staff proposes the following: Adopt a new SEPA infill exemption for development consistent with the Comprehensive Plan EIS (RCW 43.21C.229, established in the 2023 WA State legislative session); Update the flexible thresholds categorical exemption for minor new construction that is not covered under the new infill exemption (WAC 197- 11-800); and Packet Pg. 27 6.B Repeal the Downtown Kent Planned Action Ordinance (PAO) and Infill Development categorical exemption because it would result in conflicting processes. Staff also proposes to retain some of the standards in the Downtown Planned Action Ordinance (KCC 11.03.215) and relocate them to the development standards section of Chapter 15.04 of the Kent City Code. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Draft SEPA Exemption Code Changes for Council (PDF) 2. Comment Letter - WSDOT (PDF) 3. Comment Letter - DNR SEPA (PDF) Packet Pg. 28 6.B.a c SECTION 1. - Amendment - KCC 11.03.210. Section 11.03.210 of the a Kent City Code, entitled "Thresholds for categorical exemptions", is x W amended as follows: 70 L O Sec. 11.03.210. Thresholds for categorical exemptions. A. The city establishes the following infill development exempt levels under a W RCW 43.21C.299 to realize the goals and policies of City's Comprehensive a) Plan adopted according to chapter 36.70A RCW. 1. The following development is categorically exempt from SEPA review: . a. Residential developments Q. b. Mixed-Use developments -°a a c. Commercial (nonresidential) development up to 65,000 c square feet, excluding retail development. a x 2. This exemption only applies if the proposed development is found 2 to be consistent with the Comprehensive Plan and all applicable development a' regulations- . B. The city establishes the following exempt levels for minor new construction under WAC 197-11-800(1)(c) based on local conditions: c 3 O feF development- leeated eutsmde ef the residential mixed use and U L d . M Ordinance No 4996: � � d • FeF single family Fesidential dwelling units in WAG 197 O V C less. O ._ GN 800(i)(e): sixty (60) dwelling units OF less.- K W 1. For agricultural structures in WAC 197-11-800(1)(c): w forty thousand (40,000) square feet or less. M L 1 Amend KCC 11.03 & 15.04 - Re: SEPA Exemptions E s Q Packet Pg. 29 6.B.a c 2. For e ffi e heeleen9n9eFeial, tie l ° a storage buildings—retail development—in WAC 197-11-800(1)(c): x w buildings of thirty thousand (30,000) square feet or less and ninety @ (90) or fewer parking spaces. 0 3. For fill or excavations in WAC 197-11-800(1)(c): one thousand (1,000) cubic yards or less. a w U) 8-.— o a D C Cl C Q C.—FeF exeffipt PFejeets, the eity shall fellew the eHltHFal FeseuFee O Q C L V C. If any of the following exceptilt a then a proposal is not exempt a from the SEPA exemptions in section (A) or (B) 1. The proposal includes other non-exempt activities WAC 197-11- 305:(1)(b)); Nooundertaken wholly or partly on lands covered by o L) watpnWAC jMW-800: 1 a KiD ,o 3. The proposal requires a non-exempt NPDES permit, including construction stormwater general permits for sites 5 acres and above WAC U 197- 0: 1 a i i O 4. ro osal requires a non-exempt license governing emissions U C 0 to air (WAC 197-11-800:(1)(a)(iii)h a E 5. The proposal requires a land use decision that is not exempt under x w WAC 197-11-800:(6) (WAC 197-11-800:(1)(a)(iv)); a w in L 2 Amend KCC 11.03 & 15.04 - Re: SEPA Exemptions E c� Q Packet Pg. 30 6.B.a c 0 6. The proposal includes demolition of structures or facilities with a recognized historical significance such as a listing in a historic register (WAC x w 197-11-800:(2)(g)); or E 7. The proposal requires a Class IV forest practices approval (RCW 0 43.21C.037). U Q a w D. For exempt projects, the city shall follow the following cultural c resource protection procedures: , 1. In the event that a proposed d ment is proposed on or a immediately surrounding a site containing an archaeological resource as C defined in Chapter 27.53 RCW, the potential impa on the archaeological Q. resource shall be considered and, if needed, ,a study conducted by a 0 a professional archaeologist shall be required to be conducted at the applicant's expense to determine whether the proposeAlevelopment project a x would materially impact the archaeological resource, 2 2. If the impacts impactsibbo archaeolo ical resources cannot be avoided the a' city shall reaui at an applicant obtain all appropriate permits consistent with state and federal laws and that Agauired archaeological studies are completed before permitting any project that would disturb archaeological c M resource(s). Under Chapter 27.53 RCW, a permit must be obtained from the U L Department of Archaeology and Historic Preservation (DAHP) prior to '° as disturbing a known archaeological resource or site. The avoidance of 0 archaeological resources through selection of project alternatives and as changes iiL desigamof project features in the specific area of the affected c U resource() woul eliminate the need for measuring or mitigating impacts. `o 3. Developers and property owners shall immediately stop work and a) notify the city, DAHP and affected tribes if archaeological resources are w uncovered during excavation. Following such notification, the city may w CO require implementation of subsections (F)(1) and (F)(2) of this section. M L 3 Amend KCC 11.03 & 15.04 - Re: SEPA Exemptions E s Q Packet Pg. 31 6.B.a c 4. If impacts cannot be avoided on a historic resource that is a determined eligible for listing on either state or national historic registers x W the applicant shall consult with DAHP regarding mitigation options and shall @ provide documentation of consultation to the city. 0 5. To include DAHP in the review of historic properties that may be U exempt, the city will notify the State Historic Preservation Officer (SHPO) a W regarding proposals involving eligible or designated historic properties U) through the evaluation of proposals consistent with Chapter 12.01 KCC. a SECTION 2. - Amendment - KCC 11.03.215. Section 11.03.215 of the Kent City Code, entitled 'Categorical exemptions for residential mixed a use and residential infill development" is hereby repealed in its entirety. -°a Q c Sec. 11.03.215. Categorical exemptions for residential mixed x use and residential infill development. 2 a fir- designated. The eity designates a eategerical exemption for 7 O r000) squaFe feetV L U m O V c O :r E (D K W Q d W U) O L 4 Amend KCC 11.03 & 15.04 - Re: SEPA Exemptions E c� Q Packet Pg. 32 6.B.a c 0 -Downtown Subarea a Action Fla o { x Legend =-_, w MAP-WYArea E3x� I L ©$A Panels2OM2 O ill IL Uj L63 , { �J L1 nil 0 T - a — IM —2 _ .. ■wwwww* Q V iea4mu�ars.�m. 7 IL ti B— : C c res O use and Will development categerical exen9ptien area designated U L d C 0and infill development and tFip bank. d O i U T— C O E d W exceed sixty five thousand (65,000) square feet On so Q IL w CO M L 5 Amend KCC 11.03 & 15.04 - Re: SEPA Exemptions E s Q Packet Pg. 33 6.B.a c 0 Base Year(20W Alternatl.,e 7 neede. tp Altprnathfp?—Ne* � n.e.. Type E LU HGuseholds 4,595 3-,47-3 'L O CM 38bs4 3,494 2,32-3 U Tetal Gt4V*ty I L,rto 7, cd 5_, N a w ( ebs and Households) � C M " rr Q. the presentation ef gFewth figures in the prier 2011 EIS. C / M C r O a I 'L / 0 eengffieFeial Elevelepngents less than sixty five theusand (65,-94(4� V squa e feet on size, and mixed use develepments en unused and ILunderutmimzed lands Within the designated mixed use and in.fill ti ti c 3 O U L O y I%kk�f= 9 M d 0 ided/ prev / that at least twenty five (25) pereent of the ress fleer U d area, as defoned On KGG / O ��/ / the O peFeentage ef gFOSS fleeF area that must be a permitted cengngercial E d X W Q IL w M L 6 Amend KCC 11.03 & 15.04 - Re: SEPA Exemptions E s Q Packet Pg. 34 6.B.a c 2. — Q. E building,prepesal includes the censtFuctien of a new the miniFni am x w height shall be twe steFies. The maxingung height shall be Fu eoi=rs sten ,i}�TeSe stuared On the Ceribffined DSnn Planned O r !C U 3.—FOF infill resmdentffial and rnoxed use development in theQ IL w c v ever the existing trips, censistent with Alternative 2, as establish c M Subarea /••CCCfQTI Plan Planned cITeTT Draft SLTSTS SAeA r �- l••n e 21, 1 d-)EtebeF4���urrz��2 0vtr.TaTr , , Fespectively. O� a IM G— m x a tFaffie analysis based en the quantity ef develepicnent units and the IL Felated ---ngpt'! development applications shall c 7 O U L Plan, y spa ce estabYtshed m-n the 2013 DSAP SPIN C M 2.— U updated,Plan and impact Fee eFdmiganee aFe O U / O E d the DSAP Study AFea fee PFOgFang in addition to the 2008 X W T-Fanspertatien MasteF Plan and associated impact fee PFegFan=i-7 Q IL w CO Fees. M L 7 Amend KCC 11.03 & 15.04 - Re: SEPA Exemptions E s Q Packet Pg. 35 6.B.a c 0 a Alternative 2— Mitigation Measure rest Estimates n r Trip m K w in ill Exemption Area V L Mitigation Measure 0 4 7AA Trip Growth Over C..isHn.. � e fQ Type V CARt Cost Per Tr'p Q IL w c+po+ $7,000 $ate c r Pe,-estrm $1,4 00,0 $374.33 co a D BiGYGle $1,428,808 $33a-82 TAW $2,835,000 $758.$2 cm a O N etes: c I The total cost of ten theusand dellaFS �L / V 3 nungber of trips geneFaVad (thiFty (30) percent by the Planned Actien Area d ti r c 7 Sedree. Fehi= & Peers,-2013 V L pay Transpertatien Master Plan and provides guidance fer hew fees are to be assessed, U O U 4— c O 41 E N tFip / eensistent with the institute ef TFaffie EngineeFSK W Q d W cn L 8 Amend KCC 11.03 & 15.04 - Re: SEPA Exemptions E c� Q Packet Pg. 36 6.B.a c 0 a E permit appineation proposed under this seetion. m x w Fu D- Lo a� unless denied by cenCUFrency. Q IL and olgeti speee. Unto' sueh tinge as ^s a new paFks and epen space plan, and adepts I(ent City Code amendng and requiFengents applicable te the mixed use and infill develepment Q. c a� c sa. 0 apply. Fellewing adeptien ef a new parks and epen space plan and meaSUFes •L helew. 2 • en9ptien AFepesal s a3 ti ti ure per rule fee On of dedmeat"err � C 3 2— U L d /for lemsure— lay/ (200) square feet peF dwelling unit. Eaeh Fesidential eF nqixed us-e d �O F V 0 W — 0. a. E d �H it X �t w Q b.-Sn9all, shaFed e8UFtyaFds and a fwnis a w CO M L 9 Amend KCC 11.03 & 15.04 - Re: SEPA Exemptions E s Q Packet Pg. 37 6.B.a c 0 e.—Reef tep epen space Feef gaFEleig eF gangea eeart 0 w Fu L The Fecreation space prepesed by the applicant shall be approved by the O U Q IL w a� c r 3. c� —Threugh a negetiated veluntary agreernent the city mayup te ene hundFed (100) percent of the public recreation space 1-R - c c Q. 0 a S �L 2 IL F- 1.—in the event that a fUtUFe development pFejeet on the c M 0 U AV"--M.--- ­ L / U) d 0 RCW, the petential impacts en the archaeelegiEal resource shall-b-e C and/ if needed, a study eendueted by a pFefessienalns d O U O E d 2— x w Q avoided, the eity shall FequiFe that an applicant. ebtain IL w CO appFepF ate peffigits censistent with state and federal laws and t L 10 Amend KCC 11.03 & 15.04 - Re: SEPA Exemptions E s Q Packet Pg. 38 6.B.a c 0 Q. itting any project that would disturb archaeolegm E perrn m x w �L O U Q IL w a� c need for er mitigating impacts weFk and netify the city, DAHP and affected tribes if archaeelegicat c� a a� Q. 0 a IM �L 4.—Ifimpacts cannet be aveided en a histeric reseurce that,s determined eligible feF listing en eitheF state eF natienal histe i IL ti ti te the city.- C c 7 O -S-.— U L the eity will net fy the St Jq / y d C U d �„nt with r�.-,pteF i 2 0 v 0 ��6139�s�sE61�'_'sF-'_'_-.._ . _.._�_ci-zzv-rT�� p O Er-Water / 2916, GN K W Q IL w CO L 11 Amend KCC 11.03 & 15.04 - Re: SEPA Exemptions E s Q Packet Pg. 39 6.B.a c O a E A development (LID) techniques deSCFmbed on the 2012 Ecology m X w feasible. As paFt Of FeqUiFed land 'L / building, OF cenStRictien 0 ++ U a IL w a� H-.- a M aetovotues. The aiF quality eentFel plans will inelude best management practices (BMPs) te centFel fugitive dust and eders engitted by diesel a� c a 0 Q n eas rem a� c 'L l— a� x 2— 4ino wphiele speed while tFave"ng en unpaved ti ti UFfaees 4�PFevent track eut ef mud ente publie StFec 0 U L 7.—Maontamn the engines ef eenStFUEtien equipment, U m O 8- Minimize idling ef equipment while the equipment is not, U O E 0 9— ill X W peFM d W U) R L 12 Amend KCC 11.03 & 15.04 - Re: SEPA Exemptions E t r a Packet Pg. 40 6.B.a c 0 a E m x w 1. — 0 a� Cu U a IL w Gity ef Kent, Gefflpi=ehensive Plan Review and Midway Subai=ea Planned (n a� c Cu a M c a� application. c a O Q j.—SelaF access feF public pedestrian c •L x h h.. level F..r b e preserved b y r2q ai i g "YF,f s t e �-r�a�r-setbacks �vr c� Te the gFeatest extent 3 adjaeent ' , d ti ti C 7 O K.—The city may cendotmen Woll exemptien preposals te site U L O U m O U des O r 1—.— Q. E O fellewing n9itigatien measures shall be x w a a w L 13 Amend KCC 11.03 & 15.04 - Re: SEPA Exemptions E t r a Packet Pg. 41 6.B.a c 0 a.— a E m x w b. —EFeeting peFtable neise baffiieFs aFeund Fu •loud statienaFy equipment located near sensitive L 0 teFE'd--- U E— Q IL w 10:90 p.m. and 7:99 a.m. te aveid sensitive nighttime heuFs. —Turning eff idling censtructien equipmena d. c r � Q. 0 a S L ente the ground er dragging steel plates aCFOSS pavement) V aFeas near no se .-:F'.. F.. ...,1. ee se ..FF....F.. 7 IL the eity may FeqUiFe all ffeSpeetive infillti adequate te ensure compliance with the eity's daytime and c 7 O n ghttime nemse ordinance limits. Depending en the nature ef th-e U L PfepeseEl /Eenduct a nemse impact study to feFeeast future nemse levels and to y d U d / / O U discretion, O _ }i glass windows eF etheF building insulatien meaSUFes using its- 0. N X w a CO M L 14 Amend KCC 11.03 & 15.04 - Re: SEPA Exemptions E s Q Packet Pg. 42 6.B.a c - M. a E a) x w E L- subsections (B)(1) and (B)(3) of this section. These exempt levels are 0 units, ' U }u miz'z� Q (L w a� N- of this section, whetheF censidered exempt er net, in eFder te ensure c a� Q. 0 grewth planned for the designated mixed use and infill development IM L V SECTION 3. - Amendment - KCC 11.03.220. Section 11.03.220 of a' the Kent City Code, entitled "Use of exemptions", is amended as follows: � Sec. 11.03.220. Use of exemptions. c 0 U L A. Each department within the city that receives an application for a as license or, in the case of governmental proposals, the department 0 initiating the proposal, shall determine whether the license and/or the as proposal is exempt. The department's determination that a proposal c V is exempt shall be final and not subject to administrative review. If a c W proposal is exempt, none of the procedural requirements of this 0. a) chapter apply to the proposal. The city shall not require completion of w an environmental checklist for an exempt proposal. w 0 L 15 Amend KCC 11.03 & 15.04 - Re: SEPA Exemptions E s 0 Q Packet Pg. 43 6.B.a c 0 B. In determining whether or not a proposal is exempt, the department a shall make certain the proposal is properly defined and shall identify x w the governmental licenses required (WAC 197-11-060). If a proposal 70 includes exempt and nonexempt actions, the department shall 0 determine the lead agency, even if the license application that triggers the department's consideration is exempt. a w a� C. If a proposal includes both exempt and nonexempt actions, the city may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that: C 1. The city shall not give authorization for: Q. a. Any nonexempt action; 0 a b. Any action that would have an adverse c environmental impact; or M 0 x c. Any action that would limit the choice of 2 reasonable alternatives. a' 2. A department may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt c 0 actions were not approved; and ci L 3. A department may withhold approval of exempt actions '° as that would lead to substantial financial expenditures by a private c 0 applicant when the expenditures would serve no purpose if as nonexempt actions were not approved. c V 0 - E 0 x w Q a w CO . 0 L 16 Amend KCC 11.03 & 15.04 - Re: SEPA Exemptions E s Q Packet Pg. 44 6.B.a c 0 a SECTION 4. - Amendment - KCC 15.04.190. Section 15.04.190 of 0 w the Kent City Code, entitled "Commercial and industrial zone development 70 standards", is amended as follows: 0 CU U a IL w a� c r a c a� c a O Q a� c •L a� x a c O U L U m 0 U c O E N K W Q d W R L 17 Amend KCC 11.03 & 15.04 - Re: SEPA Exemptions E t r a Packet Pg. 45 6.B.a c a� c r Q. Sec. 15.04.190. Commercial and industrial zone development standards. a a� L Zoning Districts x N V Z L) 0 U t9 = N E2 Q a ti 10,000 10,000 5,000 5,000 7,500 7,500 sq 7,500 sq 10,000 10,000 10,000 15,000 15,000 1 acre Minimum lot area: sq ft sq ft sq ft sq ft sq ft ft ft sq ft sq ft sq ft sq ft sq ft U c square feet or acres, as (1) (66) (66) o noted (66) U L O Maximum site coverage: 40% 40% 100% 100% 80% 100% 80% 50% 40% 60% 65% 75% 60% percent of site U a� Minimum yard U requirements: feet o a Front yard loft 15 ft (2) (3) 20 ft (68) 20 ft 15 ft 20 ft 15 ft 15 ft 25 ft (5) m x w (8) (9) (2) (3) (68) (68) (68) (10) (10) loft loft 15 ft (12) Q a Side yard (10) (10) (10) LU r L 18 Amend KCC 11.03 & 15.04 - Re: SEPA Exemptions r Q Packet Pg. 46 6.B.a c a� c r Q. 0 Zoning Districts -0 Q N C Z U U N 0 CD M Q 2 v Side yard on flanking 15 ft 15 ft 20 ft a street of corner lot ti (8) 20 ft (2) (3) (68) (68) (68) (19) (19) (20) (20) (20) (20) v Rear yard (19) (19) (19) (2) (21) (21) (21) — U c Yards, transitional (24) (24) (24) (24) V L conditions 0 m Additional setbacks (29) (29) (29) (29) t U 2 stry/ 3 stry/ 4 stry/ (32) 7 16 16 2 stry/ 2 stry/ 8 stry/85 8 stry/85 8 stry/85 2 stry/ Height limitation: in 35 ft 40 ft 60 ft stry/65 stry/200 stry/200 35 ft 35 ft ft ft ft 35 ft U stories/not to exceed in (30) ft ft ft (30) (30) (35) 0 feet (69) (70) (70) (70) 0 w Landscaping The landscaping requirements of Chapter 15.07 KCC shall apply. Q a w (52) (52) r L 19 Amend KCC 11.03 & 15.04 - E Re: SEPA Exemptions M r Q Packet Pg. 47 6.B.a c a� c r Q. 0 Zoning Districts -0 Q N C CD M Q 2 v (39) (39) (40) (40) 15%of 30% of 50%of (43) d Outdoor storage (41) site area site area site area (43) (43) (43) v (44) (44) (45) �" U Si ns The sign regulations of Chapter 15.06 KCC shall apply. o 9 U L 0 Vehicle drive-through, (46) (46) (46) (46) (46) (46) (46) (46) (46) (46) 0 drive-in, and service c 0 bays V a) Loading areas (47) (47) (47) (47) c (48) (48) (48) c 0 Off-street parking The off-street parking requirements of Chapter 15.05 KCC shall apply. a E m (57) (57) (57) (57) (57) (57) (57) (57) x w Q a w r L 20 Amend KCC 11.03 & 15.04 - E Re: SEPA Exemptions M r Q Packet Pg. 48 6.B.a c a� c r Q. 0 Zoning Districts -0 Q N C CD M Q 2 v (4)(11) (31) (31) (71) (71) (71) (4)(72) (4)(11) (73) (73) (73) a (15) (15) Design review (72) u c (50) (50) (50) (50) (50) (50) (50) (50) (50) (50) (50) U (56) (56) (56) (56) (56) (56) (56) (54) (54) (54) (53) 0 (62) (50) (50) (55) (55) (55) (54) an Additional standards (63) (56) (56) (56) (56) (56) (55) (64) (67) (59) (59) (59) (56) (65) (63) (63) (63) (59) c (16) C 0 a E 0 x w Q a w r L 21 Amend KCC 11.03 & 15.04 - E Re: SEPA Exemptions M r Q Packet Pg. 49 6.B.a c 0 SECTION 5. - Amendment - KCC 15.04.195. Section 15.04.195 of the Kent a) City Code, entitled "Commercial and industrial land use development standard w conditions", is amended as follows: E L 0 Sec. 15.04.195. Commercial and industrial land use development a standard conditions. a w 1. Minimum lot of record or 5,000 square feet, whichever is less. S 2. None, except as required by landscaping, or if off-street parking Q. is provided onsite. See the downtown design review criteria outlined in KCC c 15.09.046. ° 3. No minimum setback is required. If a rear and/or side yard abuts a 0 a residential district, a 20-foot setback may be required for any yard Q am abutting a residential district. See the downtown design review criteria S L M outlined in KCC 15.09.046. _ 4. Independent senior living facilities, assisted living facilities, and Z ° residential facilities with health care are subject to the requirements of KCC a ti 15.09.045(D) for multifamily design review, unless they are located within downtown or along Meeker Street from 64th Avenue South to Kent-Des - Moines Road, where they are subject to downtown design review pursuant c U to KCC 15.09.046. `o 5. . The following private onsite recreation and open space requirements Wapply,: c a. Each proposal shall provide private onsite recreation space for leisure, play, and sport activities at a ratio of two hundred 0 c (200Muare feet per dwelling unit. ° a b. b. Each residential or mixed-use development is 4) x required to provide the private space in one (1) or more of the w a following arrangements. LU i. An individual balcony or screened patio for each unit. 2 0 ii. Small, shared courtyards and a furnished children's play area. a� iii. Roof-top open space - roof garden or game court. E ° 22 Amend KCC 11.03 & 15.04 - a Re: SEPA Exemptions Packet Pg. 50 6.B.a c. The recreation space proposed by the applicant shall o be approved by the planning director. 0 6. EReseFve . Development shall comply with KCC Chapter 8.05 and the w following noise mitigation measures: L 0 a. To address traffic and transit noise, the city may, at its discretion require new residential development to install triple-pane glass windows or other U a building insulation measures using its authority under the Washington State Energy w U) Code (KCC 14.01.010L r 7. [Reserved]. a 8. No side or rear yard is required, except when abutting a district D c other than NCC, in which case the yard shall be not less than five feet in width; provided, however, that if the abutting district or use is residential, a 0 then the yard shall be 10 feet in width and fully landscaped. Q 9. No side yard is required, except when abutting a more restrictive 9 �L district, in which case the side yard shall be not less than 20 feet in width. _ 10.No side yard is required, except when abutting a residential 0 district, in which case the side yard shall be not less than 20 feet in width. a ti 11.All projects along Meeker Street from 64th Avenue South to Kent- r Des Moines Road are subject to KCC 15.09.046 for downtown design review. — 12.[Reserved]. o c� 13.[Reserved]. o Jq 14.[Reserved]. a� 15.Design review for mixed use development is required as provided for in KCC 15.09.045(F); see KCC 15.04.200 for mixed use development standards. U c 16.In the I1 zoning district only, the following dock-high door to Q. building footprint square footage ratios shall apply, and shall be cumulative x such that first tier applies to the first 30,000 square feet of larger buildings, w A a the second tier applies to the square footage above 30,000 square feet and LU below 100,000 square feet, and so on. Square footage refers to the building 2 0 footprint; each building shall be allotted a number of doors available based r c 0 on size of building and presence of enhanced options within the project. E 0 23 Amend KCC 11.03 & 15.04 - a Re: SEPA Exemptions Packet Pg. 51 6.B.a Enhanced options are described in the industrial design guidelines adopted o in KCC 15.09.047. Allotted doors may be reapportioned amongst any a) building within the project after the total project allotment has been w determined. Decimals shall be rounded up. 2 L 0 as ca Building Footprint Possible Building Number of Applicable Total Doors v Q Square Footage Tier Footprint Square Enhanced Options Ratio Available per w Footage Available in Project Tier c 1 0—30,000 sf Up to 30,000 sf Any 1:3,000 sf Up to 10 coo a 2 30,000 sf to Up to 70,000 sf 0 1:15,000 sf Up to 5 D 100,000 sf C 1 1:10,000 sf Up to 7 f° a� c 2 or more 1:7,500 sf Up to 9 0 3 100,000 sf to Up to 100,000 sf 0 or 1 1:20,000 sf Up to 5 Q a� 200,000 sf 2 1:15,000 sf Up to 7 2 3 or more 1:10,000 sf Up to 10 2 4 200,000 sf or No cap 0 or 1 1:30,000 sf No cap a more ti 2 1:20,000 sf r 3 1:15,000 sf 4 or more 1:10,000 sf o v L 0 17.[Reserved]. a� 18.[Reserved]. 19.No rear yard is required, except when abutting a residential district, in which case the rear yard shall be not less than 20 feet in width. U c 20.No rear yard is required, except as may be required by other a setback provisions of this section. x 21.No rear yard is required, except as may be required by transitional a a conditions. cn 22.[Reserved]. 2 0 23.[Reserved]. r c 0 E 0 24 Amend KCC 11.03 & 15.04 - Q Re: SEPA Exemptions Packet Pg. 52 6.B.a 24.Transitional conditions shall exist when an AG, I1 or I3 district o adjoins a residential district containing a density of two dwelling units or a) more per acre or a proposed residential area indicated on the city w comprehensive plan. Such transitional conditions shall not exist where the 2 L 0 separation includes an intervening use such as a river, freeway, railway main line, major topographic differential, or other similar conditions, or U a where the industrial properties face on a limited access surface street on w U) which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than 50 feet shall be provided a between the uses. D c 25.[Reserved]. 0 c 26.[Reserved]. a 0 27.[Reserved]. Q 28.[Reserved]. L 29.Development abutting the Green River, or Russell Road or Frager = Road where such roads follow the river bank, shall be set back from the 0 ordinary high-water mark of the river a minimum of 200 feet. Such setbacks a ti are in accordance with the state Shoreline Management Act of 1971, and r shall be no more or less restrictive than the Shoreline Management Act. — 30.The economic and community development director shall be o L) authorized to grant one additional story in height, if during development o plan review it is found that this additional story would not detract from the continuity of the area. More than one additional story may be granted by the land use and planning board. 31.The downtown design review requirements of KCC 15.09.046 shall U c apply. a 32.No maximum height limit is required, except for parcels located x within a downtown commercial enterprise - transitional overlay (DCE-T), w a a where the height limit is 35 feet. See also the downtown design review LU criteria outlined in KCC 15.09.046. 2 0 33.[Reserved]. r c 0 34.[Reserved]. E 0 25 Amend KCC 11.03 & 15.04 - a Re: SEPA Exemptions Packet Pg. 53 6.B.a 35.13eyond this height, to a height not greater than either four stories o or 60 feet, there shall be added one additional foot of yard for each one foot 0 of additional building height. The economic and community development w director shall be authorized to approve one additional story, provided such L 0 height does not detract from the continuity of the area, and may impose such conditions as may be necessary to reduce any incompatibility with U a surrounding uses. Any additional height increase may be granted by the w U) land use and planning board. 36.[Reserved]. a 37.[Reserved]. D c 38.[Reserved]. 0 39.Outdoor storage areas are prohibited. a 0 40.Outdoor storage areas shall be fenced for security and public Q safety by a sight-obscuring fence unless it is determined through the 9 �L development plan review that a sight-obscuring fence is not necessary. _ 41.Any unfenced outdoor storage areas shall be paved with asphaltic 0 concrete, cement, or equivalent material to be approved by the city a ti engineer. 42.[Reserved]. — 43.Outside storage or operations yards in the I1, I2 and I3 districts o U shall be permitted only as accessory uses. Such uses are incidental and o subordinate to the principal use of the property or structure. Outdoor storage is limited to 15 percent of the total site area in the I1 district, 30 percent of the total site area in the I2 district, and 50 percent of the total site area in the I3 district. U c 44.Outside storage or operations yards shall be confined to the area Q. to the rear of a line which is an extension of the front wall of the principal x building, and shall be reasonably screened from view from any street by w A a appropriate walls, fencing, earth mounds, or landscaping. LU 45.Outside storage or operations areas shall be fenced for security 2 0 and public safety at the property line. 0 E 0 26 Amend KCC 11.03 & 15.04 - a Re: SEPA Exemptions Packet Pg. 54 6.B.a 46.Wherever feasible, drive-up/drive-through facilities shall be o accessed from the rear of a site and run along an interior lot line or building 0 elevation. Landscaping, sufficient to soften the visual impact of vehicle w stacking areas, may be required. L 0 47.Truck courts and loading areas must be located in such a manner that no loading, unloading, or maneuvering of trucks associated therewith U a takes place on public rights-of-way. w U) 48.Earth berms and landscaping shall be provided along street frontages as necessary to screen dock-high loading areas from public rights- of-way. Berms shall be a minimum of 36 inches and a maximum of 42 inches D c in height. Landscaping located on the berm shall conform to Type III landscaping as described in KCC 15.07.050. a 0 49.[Reserved]. Q 50.Development plan approval is required as provided in KCC 9 �L 15.09.010. _ 51.[Reserved]. 0 52.Where building walls face adjacent streets and are unfenestrated a ti for more than 40 feet at any point along the facade, additional landscaping T" shall be required to reduce visual impacts. In such circumstances, Type II — landscaping, as defined in KCC 15.07.050, shall be required; provided, that o U evergreen trees shall be at least 10 feet in height and deciduous trees shall o Jq be a minimum of two-inch caliper at the time of planting. 53.[Reserved]. 54.Multitenant buildings shall be permitted. 55.All required yards, parking areas, storage areas, operations yards, U c and other open uses on the site shall be maintained in a neat and orderly 2 0. manner appropriate for the district at all times. The economic and x community development director shall be authorized to reasonably pursue w a a the enforcement of this subsection where a use is in violation, and to notify LU the owner or operator of the use in writing of such noncompliance. The L 0 property owner or operator of the use shall be given a reasonable length of r c a) time to correct the condition. E 0 27 Amend KCC 11.03 & 15.04 - a Re: SEPA Exemptions Packet Pg. 55 6.B.a 56.The performance standards as provided in KCC 15.08.050 shall o apply. 0 57.Off-street parking may be located in required yards except in w areas required to be landscaped. L 0 58.[Reserved]. 59.Development within 500 feet of a regional trail is subject to the U a following regional trail corridor development standards: w U) a. Regional trails for the purposes of this section shall include scenic and recreational roads and the Green River Trail, Interurban Trail, a and Puget Power Trail. D c b. Regional trail access. No building or lot shall be constructed or created within 500 feet of a regional trail without providing public access a 0 to the regional trail via public sidewalks or a trail system dedicated for public Q use by a public access easement. Such sidewalks or private trail systems L shall connect to regional trails at intervals of 500 feet or less, and shall be = accomplished with minimal street crossings. 0 c. All public access easements shall be no less than 20 feet a ti wide. r d. All public access points shall have standard city of Kent — signage indicating trail access. o L) e. No street connections to scenic and recreational roads shall o be permitted unless no other vehicle access is practical. f. Additional requirements for buildings in Regional Trail Corridors with footprint areas greater than 75,000 square feet are included in KCC 15.09.047, Industrial design review. U c 60.[Reserved]. ° 61.[Reserved]. W x 62.Parking should be located either next to or behind the building. w a a Parking should not be placed between the street and the building. LU 63.A direct pedestrian connection shall be provided from the street 2 0 to the building at intervals of no more than 500 feet. If the property abuts c a� E 0 28 Amend KCC 11.03 & 15.04 - a Re: SEPA Exemptions Packet Pg. 56 6.B.a a public park or trail a direct pedestrian connection shall be provided from o the park or trail to the building. 0 64.Screening by either an enclosure and/or evergreen landscaping w shall be provided for mechanical equipment, service doors, and garbage 2 L 0 areas. Rooftop equipment shall be enclosed with a parapet or similar design �a feature. U a 65.Structures shall be designed to maintain the residential character w U) of the surrounding neighborhood. Modulating the building mass, adding dormer windows, covered entryways, or porches are ways to enhance the a human scale and provide a residential dimension to structures. D c 66.Minimum lot area requirements do not apply to multifamily development in the Kent downtown planning area identified in KCC a 0 15.09.046. Q 67.Within the downtown commercial enterprise-transitional overlay L (DCE-T), downtown design review guidelines regarding balconies and/or = upper floor setbacks (sections III.B and III.C) are required elements, not 0 optional elements. a ti 68.No yard, except as required by landscaping, or if surface parking is provided onsite. See the Midway Design Guidelines and KCC 15.09.045. — 69.The height limitation of new construction in MTC-1 zoning district o L) abutting a residential district shall be 35 feet in height within 20 feet from o the residential district and 45 feet in height within 40 feet from the a residential district. o 70.New construction shall conform to applicable Federal Aviation Administration regulations, including 14 C.F.R. Part 77, as presently U c constituted or as may be subsequently amended. ° 71.The transit-oriented community design review requirements of W x KCC 15.09.045(G) shall apply. w a a 72.Transitional housing with three or more families outside of LU downtown is subject to multifamily design review as provided in KCC 2 0 15.09.045(D). r c 0 E 0 29 Amend KCC 11.03 & 15.04 - a Re: SEPA Exemptions Packet Pg. 57 6.B.a 73.Development in the I1, I2, and I3 districts shall be subject to KCC o 15.09.047, Industrial design review. a) x w L O R U a a w a� c r a c n: a� c a O Q a� c •L a� x a S c O U L O U m O U c O E N K W Q d W R L r C a) E V Y r 30 Amend KCC 11.03 & 15.04 - Q Re: SEPA Exemptions Packet Pg. 58 6.B.b Holdsworth, Kristen From: Holdsworth, Kristen Sent: Thursday, November 14, 2024 9:35 AM To: McColloch, Duffy; Future Kent Cc: Pazooki, Ramin; Bieren, Chad; Peterson, Kelly Subject: RE: [EXTERNAL] Notice of Availability: Final EIS for 2044 Kent Comprehensive Plan o a E m Hi Duffy- w Will do! Thank you! o Best, U Kristen a IL w U) c 4\111111, Comprehensive Plan 2044 "a KENT Building Our Future Together' ca Cl C We're planning for Kent's future! Learn more and share your ideas at a Enaaae.KentWA.uov/FutureKent. O Q Kristen Holdsworth,AICP (she/her), Long Range Planning Manager Planning Services I Economic &Community Development 400 West Gowe, Kent, WA 98032 2 Main 253-856-5428 1 Office 253-856-5441 1 Cell 206-580-5673 kholdsworthaKentWA.gov 3 d CITY OF KENT,WASHINGTON KentWA.aov Facebook itter YouTube Instaaram L ti PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL � H O a From: McColloch, Duffy<duffy.mccolloch@wsdot.wa.gov> U) Sent:Thursday, November 14, 2024 7:22 AM L To: Holdsworth, Kristen <KHoldsworth@kentwa.gov>; Future Kent<Future Kent@kentwa.gov> Cc: Pazooki, Ramin <ramin.pazooki@wsdot.wa.gov>; Bieren, Chad <CBieren@kentwa.gov>; Peterson, Kelly <KPeterson@kentwa.gov> Subject: RE: [EXTERNAL] Notice of Availability: Final EIS for 2044 Kent Comprehensive Plan E E 0 U This message originated outside the City of Kent. Use caution when following links or opening attachments as they can be malicious. Please contact IT Security at ISP(&KentWA.aov with any a) questions. 0 Thanks Kristen, a Can you be sure to use my email as the contact for these public notices? I've only been receiving SEPA notices from Kent and if this is the direction you are going I should be getting these as well. Packet Pg. 59 6.B.b Thanks, Duffy McColloch, PE 206-440-4713 Local Agency/Developer Services Engineer WSDOT- NW Region Development Services From: Holdsworth, Kristen <KHoldsworth@kentwa.gov> c Sent: Wednesday, November 13, 2024 10:51 AM To: McColloch, Duffy<duffy.mccolloch@wsdot.wa.gov>; Future Kent<Future Kent@kentwa.gov> E Cc: Pazooki, Ramin <ramin.Pazooki@wsdot.wa.gov>; Bieren, Chad <CBieren@kentwa.gov>; Peterson, Kelly w <KPeterson@kentwa.gov> I Subject: RE: [EXTERNAL] Notice of Availability: Final EIS for 2044 Kent Comprehensive Plan •L 0 Hi Duffy- U Thank you for your email acknowledging receipt of the Comprehensive Plan Final EIS and Notice w of Intent to adopt updated SEPA exemptions. U) You noted that WSDOT wants to become aware of new development adjacent to state facilities M and to achieve this the preference is that developments within 1/2 mile of the interchange of a state intersection still be subject to SEPA review. c 0 The city shares your commitment to realizing State GMA goals and mitigating impacts while we facilitate desperately needed housing infill development. To this end and to address WSDOT's c concerns, I wanted to let you know that the City has a public notice process for projects and Q WSDOT is on the notification list (Kent City Code Chapter 12.01). This notification process is a1 separate from SEPA (although they are combined if the project is subject to SEPA). To further L address WSDOT's concerns will update our notification list to ensure WSDOT receives notice of every project subject to public notice. Through this process, WSDOT will continue to be notified c, of projects and have the opportunity for review and comment. We believe this accomplishes 3 WSDOT's aims and continues to allow streamlined development review utilizing the infill and a housing categorical exemption throughout the City. r Please let me know if you would like to discuss further. 0 Best, U) Kristen L d J 4\, Comprehensive Plan 2044 N E KENT Building Our Future Together' C N We're planning for Kent's future! Learn more and share your ideas at E Enaaae.KentWA.aov/FutureKent. 0 Kristen Holdsworth,AICP (she/her), Long Range Planning Manager Q Planning Services I Economic &Community Development 400 West Gowe, Kent, WA 98032 Main 253-856-5428 1 Office 253-856-5441 1 Cell 206-580-5673 kholdsworthCa)KentWA.gov 2 Packet Pg. 60 6.B.b CITY OF KENT,WASHINGTON KentWA.4ov Facebook Twitter YouTube Instaaram PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL From: McColloch, Duffy<duffy.mccolloch@wsdot.wa.gov> Sent:Tuesday, November 12, 2024 11:41 AM To: Future Kent<Future Kent@kentwa.gov>; Holdsworth, Kristen <KHoldsworth@kentwa.gov> Cc: Pazooki, Ramin <ramin.pazooki@wsdot.wa.gov> ° Subject: Re: [EXTERNAL] Notice of Availability: Final EIS for 2044 Kent Comprehensive Plan E am x w This message originated outside the City of Kent. Use caution when following links or opening attachments as they can be malicious. Please contact IT Security at ISPaKentWA.gov with any o questions. Hi, UQ a w The Washington State Department of Transportation (WSDOT)appreciates the opportunity to review and comment on the Final Environmental Impact Statement(FEIS)for the 2044 Kent Comprehensive Plan Update, specifically S r the Notice of Intent to update SEPA Exemptions.Alignment between local, regional, and state planning efforts is vital to advance shared interests in the comprehensive planning process. c WSDOT understand that local jurisdictions across Washington State are re-examining their permitting processes to remove barriers toward housing construction. Our agency appreciates the work City of Kent has done to assess and mitigate the impacts of the proposed increased SEPA exemption thresholds.SEPA review is the primary Q- O mechanism by which WSDOT becomes aware of new development adjacent to state facilities, and the Q mechanism by which we acquire information about those developments' potential impact to said facilities.As c such,WSDOT's preference is that developments within'/2 mile of the interchange of a state intersection still be subject to SEPA review. x WSDOT appreciates being included in the City of Kent's planning process. Please reach out if you would like to discuss opportunities for ongoing engagement and coordination on SEPA and development related issues. a- ti ti Thanks, � Duffy McColloch, PE 206-440-4713 0 U) Local Agency/Developer Services Engineer L WSDOT—NW Region Development Services J C N E E O U r c a� From: Kosen,Tanya<TKosen@kentwa.gov> E Sent: Friday, November 8, 2024 11:38 AM Cc: Holdsworth, Kristen <KHoldsworth@kentwa.gov>; Kosen,Tanya <TKosen@kentwa.gov> a Subject: [EXTERNAL] Notice of Availability: Final EIS for 2044 Kent Comprehensive Plan WARNING:This email originated from outside of WSDOT. Please use caution with links and attachments. 3 Packet Pg. 61 6.B.b The City of Kent has issued the Final Environmental Impact Statement (FEIS) for the 2044 Kent Comprehensive Plan Update. The Final EIS is available in electronic format on the project website and is directly linked here. It is also available for review as a printed report at several locations throughout the city. Copies for purchase may be made available upon request, at the cost of material. c 0 To learn more about the Kent Comprehensive Plan periodic update please see the project website Kent Comprehensive Plan 2044: Building Our Future Together I EngaaeKent. 0 w L 0 Background Information: �a U The City of Kent is updating its Comprehensive Plan, which is a 20-year plan for land use and a growth based on the community's vision for the future. In June 15, 2024 the City issued a Draft Lu EIS that evaluated the impacts of three alternatives at a programmatic level: Alternative 1: No a� Action, Alternative 2: Nodes and Corridors, and Alternative 3: Core with Transit Links. The City accepted written comments on the Draft EIS through July 15, 2024. The opportunity for oral a comments was provided at the City of Kent's June 24, 2024 Land Use and Planning Board D (LUPB) meeting. All comments were considered and are included in the Final EIS. a 0 The Final EIS evaluates a Preferred Alternative, which blends features of Alternative 2 and Q Alternative 3, and falls within the range of alternatives studied in the Draft EIS. The Preferred L Alternative has capacity for 32,563 jobs and 12,688 housing units, meeting and slightly exceeding the allocated 2044 targets for employment and housing growth. The Preferred = Alternative supports continued growth of East Hill's existing activity centers along the Benson and Kent-Kangley Corridors and the creation of new locally serving commercial areas in a appropriate locations. The Preferred Alternative also supports the infill and redevelopment of the ti Kent-Canyon Ridge Candidate Countywide Growth Center. It assumes continued development r and redevelopment in Kent's downtown area and continued implementation of the Rally the Valley plan for Kent's industrial area. Continued development of the Midway area would occur, o supported by regional high capacity transit investments. The Preferred Alternative includes a allowances for middle housing development and redevelopment throughout the City's neighborhoods as required by State law. The Final EIS has identified mitigation measures for the Preferred Alternative J C N E E Ways to Provide Public Comment on the Draft Comprehensive Plan: 0 The Final EIS and this Notice of Availability are issued in accordance with the Washington Administrative Code 197-11-460. The City will not act on the proposal associated with the EIS for at least seven days following this notice. a The Draft 2044 Kent Comprehensive Plan was released October 11, 2024. The City of Kent will hold two public hearings, a Land Use and Planning Board Special Meeting and a City Council 4 Packet Pg. 62 6.B.b Meeting, on the Kent 2044 Comprehensive Plan. These hearings will be held online and at 220 Fourth Avenue South, Kent, on the following dates: • Tuesday, November 12, 2024 at 6:00 PM: Land Use and Planning Board Special Meeting • Tuesday, November 19, 2024 at 7:00 PM: City Council Meeting Members of the public may present testimony during the hearings virtually or in person. To learn more about the hearings, please visit the project website o https://engage.kentwa.gov/FutureKent. Written comments may be emailed to a futurekent@kentwa.gov or mailed to Economic and Community Development, Attn: Kristen E Holdsworth, 220 4th Avenue S, Kent, WA 98032. All comments must be received by November u, 12, 2024. 70 L O as ca U Sincerely, Q (L w Tanya Kosen, Planning Technician U) c r Planning Services I Economic & Community Development a 400 West Gowe, Kent, WA 98032 c� CM Main 253-856-5454 1 Direct 253-856-5461 tkosen@KentWA.gov c Q c L CITY OF KENT, WASHINGTON = KentWA.gov Facebook Twitter YouTube Instagram d ti ti r C) a U) L d J C N E E O U r c a� E t v Q 5 Packet Pg. 63 6.B.c Holdsworth, Kristen From: Sears, Tricia (DNR) <Tricia.Sears@dnr.wa.gov> Sent: Wednesday, November 13, 2024 3:14 PM To: Holdsworth, Kristen Cc: Sears, Tricia (DNR); Holman, Carol (COM) c Subject: Kent's SEPA Exemptions: RCW 43.21 C.229 and WAC 197-11-800 update (Commerce ID# a 2024-5-7619):WGS comments E m x Follow Up Flag: Follow up w Flag Status: Flagged L 0 U This message originated outside the City of Kent. Use caution when following links or opening Q a. attachments as they can be malicious. Please contact IT Security at ISP@KentWA.aov with any Lw questions. c 11/13/24 a Hello Kristen, c� In keeping with the interagency correspondence principles, I am providing you with comments on Kent's SEPA Exemptions: RCW 43.21C.229 and WAC 197-11-800 update (Commerce ID#2024-5-7619). Q- 0 Q For this proposal submitted via Planview, I looked at the proposal and focused on areas related to WGS work. Of note, but not limited to, I look for language around the geologically hazardous areas, mineral resource lands, mining, climate r change, and natural hazards mitigation plans. _ Specifically in this proposal, I reviewed the Infill Exemption Code Changes—Draft 10-11-24 PDF. IL Based on the information in the document, the proposal is not related to WGS focus areas and thus WGS has no ti r comments. a Below, I include our usual language for future endeavors. w Recognizing the limitations of the current proposals, I want to mention that it would be great for you to consider these o in current or future work, be it in your comprehensive plan, development code, and SMP updates, and in your work in L general: a� • Consider adding a reference to WAC 365-190-120 geologically hazardous areas for definitions in other areas J besides the CAO. In addition, consider adding a reference to WAC 365-196-480 for natural resource lands. E • Consider adding a reference to the WGS Geologic Information Portal in other areas besides the CAO. If you have c not checked our interactive database, the WGS Geologic Information Portal, lately,you may wish to do so. U Geologic Information Portal I WA- DNR c a� • If you have not checked out our Geologic Planning page,you may wish to do so. Geologic Planning I WA- DNR c� Thank you for considering our comments. If you have any questions or need additional information, please contact me. a For your convenience, if there are no concerns or follow-up discussion,you may consider these comments to be final as of the 60-day comment deadline of 12/10/24. Cheerio, i Packet Pg. 64 6.B.c Tricia Tricia R. Sears (she/her/hers) Geologic Planning Liaison Washington Geological Survey(WGS) Washington Department of Natural Resources(DNR) Cell: 360-628-2867 Email: tricia.searsPdnr.wa.gov ° a E am x w L O U Q a w c ° a c c� a� c a O Q a� c �L d V a ti ti r a a w z 0 L J C N E E O U ;.; C N E t v cC r Q 2 Packet Pg. 65 6.0 1�# KENT DATE: November 19, 2024 TO: Kent City Council SUBJECT: Public Hearing on Various Rezones and Zoning Code Changes to Implement the 2044 Comprehensive Plan SUMMARY: Planning Staff will provide a brief summary prior to the public hearing about proposed updates to the City's zoning maps and code provisions to implement changes consistent with the new 2044 Comprehensive Plan. A Hearing was held before the Land Use and Planning Board on November 12, 2024, where members voted to recommend Council adopt the proposed changes. The City has received two comment letters from property owners with concerns about changes to the Future Land Use Map (FLU) and zoning regarding future development potential on individual lots (Exhibits 2 and 3). These letters are identical to the letters for Agenda Item 6A (Public Hearing for the 2044 Kent Comprehensive Plan). The Washington State Department of Natural Resources submitted a letter noting the proposal is not related to Washington Geological Survey (WGS) focus areas and thus WGS has no comments (Exhibit 4). The letter includes additional information for future endeavors not related to the topic of this hearing. Background: Every ten years, cities and counties that are "fully planning" under the Growth Management Act must conduct a thorough review of their comprehensive plan and development regulations. As part of Kent's new 2044 Comprehensive Plan, City staff recommend that several changes be made to the City's zoning maps for consistency with the new Comprehensive Plan. At the November 19t" public hearing, City staff will provide a brief summary and update about the changes needed to update the City's zoning maps and code provisions. Additionally, there are two changes proposed that are in response to community input for commercial zones: Allowing nurseries, greenhouses, garden supplies, tools, etc. in the Neighborhood Convenience Commercial (NCC) zone; and Restricting new gasoline service stations in the NCC zone as well as sites with mixed use Future Land Use designations Packet Pg. 66 6.0 Additional future zoning code changes are anticipated through the housing implementation effort (expected adoption date is June 2025) and the Benson Corridor Project (starting in 2025). SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. Draft—Comp Plan Implementation Zoning Changes (PDF) 2. Comment Letter - Baker Property (PDF) 3. Comment Letter - Devore Property (PDF) 4. Comment Letter - DNR (PDF) Packet Pg. 67 6.C.a Zoning Changes to Implement Kent 2044 Comprehensive Plan to 0 L 1. Zoning Map Changes o This map summarizes the 2044 Comprehensive Plan Future Land Use Map changes (submitted to separately L through the Comprehensive Plan periodic update 60-day notice). The table on the following pages zoning changes for 84 parcels for consistency to implement changes to the Comprehensive Plan Future Land Use Map. Zoning Designation Map Changes Parcels IL Q City Limits .. City of Kent Comprehensive Plan Update Zoning Changes-Districts 00 MR-M&MR-G 1% to CC-MU Single-Family(SR-6) Arinted 11/13/24 -� c Townhouse/Condo MRT-12Jt v Townhouse/Condo MRT-16 Garden Density Multifamily fn Neighborhood Convenience Commercial aI Community Commercial Community Commercial/Mixed Use t ® SR-6 to rsc Midway Commercial Residential V _ � � MRT-16 i<i-rnernia� � 1. — _r O F N ® T> a SR-6 to MCR j O LSR-6 to MR-G � oes Moores ® SR-6 to CC-MU y A! SR-4.5& SR-6 to NCC SR-6 to CC y ®® 3rTe. SR-8 to CC-MU d CZ MR-H to SR-6 C to SR-6 O cC to MRT-i2 U CC to CC-MU � � coPmymn �I r V _ _ Q 0.5 1 2 3 4 Kirtg County,WA Stale PaPcs GIS,Esrl,TomTom,Ga'min,Sa(eGPapN,GeoTec3nologies,Inc,MEryNASA,USGS,�reEPA,NPS,DSDA 9lI5fW5 Miles L) R a+ a Packet Pg. 68 6.C.a Zoning District Map Changes for consistency with 2044 Comprehensive Plan Future Land Use Map U) 0 •L Parcel Number Site Address City,State Zip Current Land Use Proposed Land Use Current Zoning Proposed Zoning > 1522049108 22904 Military Rd S Kent,WA 98198 SF-6 TOC SR-6 MCR 1522049142 3427 S 229th PI Kent,WA 98198 SF-6 TOC SR-6 MCR 1522049060 3433 S 229th PI Kent,WA 98198 SF-6 TOC SR-6 MCR = 1522049140 3435 S 229th PI Kent,WA 98198 SF-6 TOC SR-6 MCR 2 2622059070 15238 SE 272nd St Kent,WA 98042 C R2 CC SR-6 IL 2622059067 15242 SE 272nd St Kent,WA 98042 C RC CC SR-6 EO 2622059063 C RC CC SR-6 2622059091 15326 SE 272nd St Kent,WA 98042 C RC CC SR-6 N 12819 SE Kent-Kangley a, 2822059118 Rd Kent,WA 98030 C MU CC CC-MU 13204 SE Kent-Kangley c) 6792200010 Rd Kent,WA 98030 C MU CC CC-MU c 12845 SE Kent-Kangley o 2822059120 Rd Kent, WA 98030 C MU CC CC-MU N c 12901 SE Kent-Kangley o 2822059113 Rd Kent,WA 98030 C MU CC CC-MU 2822059114 27050 128th PI SE Kent,WA 98030 C MU CC CC-MU E E 12911 SE Kent-Kangley a 2822059125 Rd Kent, WA 98030 C MU CC CC-MU E 12925 SE Kent-Kangley 2822059344 Rd Kent, WA 98030 C MU CC CC-MU a a 13101 SE Kent-Kangley E 3322059135 Rd Kent,WA 98030 C MU CC CC-MU v 13101 SE Kent-Kangley rI 3322059222 Rd Kent,WA 98030 C MU CC CC-MU p` 13003 SE Kent-Kangley 3322059205 Rd Kent,WA 98030 C MU CC CC-MU 3322059171 1 27333 132nd Ave SE Kent,WA 98042 C MU CC CC-MU R .r r a 2 Packet Pg. 69 6.C.a Parcel Number Site Address City,State Zip Current Land Use Proposed Land Use Current Zoning Proposed Zoning U) 13121 SE Kent-Kangley 0 L 3322059206 Rd Kent,WA 98030 C MU CC CC-MU j 13204 SE Kent-Kangley 0 6792200010 Rd Kent,WA 98030 C MU CC CC-MU 6792200021 C Mu CC CC-MU m 6792200030 C Mu CC CC-MU x 6792200031 C MU CC CC-MU 13240 SE Kent-Kangley a 2722059167 Rd Kent,WA 98042 C MU CC CC-MU 00 2722059173 27112 132nd Ave SE Kent,WA 98042 C MU CC CC-MU 2722059053 27006 132nd Ave SE Kent, WA 98042 C MU CC CC-MU N 2722059189 29622 132nd Ave SE Kent, WA 98042 C MU CC CC-MU c, c 12808 SE Kent-Kangley 0 2822059074 Rd Kent, WA 98030 C R3 CC MRT-12 v 12818 SE Kent-Kangley 2822059122 Rd Kent, WA 98030 C R3 CC MRT-12 0 N 2822059141 C R3 CC MRT-12 c 0 2822059137 C R3 CC MRT-12 2822059164 12633 SE 270th St Kent,WA 98030 MDMF R2 MR-H SR-6 0 11426 SE Kent-Kangley E 2922059056 Rd Kent,WA 98030 LDMF MU SR-8 CC-MU 11404 SE Kent-Kangley E 2922059119 Rd Kent,WA 98030 LDMF MU SR-8 CC-MU a 2922059232 26041 116th Ave SE Kent,WA 98030 LDMF MU SR-8 CC-MU 2922059144 26015 116th Ave SE Kent,WA 98030 LDMF MU SR-8 CC-MU 0 2922059145 26007 116th Ave SE Kent,WA 98030 LDMF MU SR-8 CC-MU $� 2922059072 LDMF Mu SR-8 CC-MU C 2922059132 25913 116th Ave SE Kent,WA 98030 LDMF MU SR-8 CC-MU 2922059130 26047 116th Ave SE Kent,WA 98030 SR-8 CC-MU E 11504 SE Kent-Kangley 2922059120 Rd Kent,WA 98030 SR-8 CC-MU Q 3 Packet Pg. 70 6.C.a Parcel Number Site Address City,State Zip Current Land Use Proposed Land Use Current Zoning Proposed Zoning U) 2122059052 11615 SE 248th St Kent, WA 98030 SF-6 NS SR-6 NCC 2122059023 11624 SE 248th ST Kent,WA 98030 SF-6 NS SR-6 NCC > 2122059136 24608 116th Ave SE Kent,WA 98030 SF-6 NS SR-6 NCC o 2122059148 SF-6 NS SR-6 NCC •L 2122059042 24436 116th Ave SE Kent,WA 98030 SF-6 NS SR-6 NCC m x 2222059102 24440 132nd Ave SE Kent,WA 98042 SF-6 C SR-4.5 CC 2 2222059071 24260 132nd Ave SE Kent,WA 98042 ,A SF-6 C SR-6 CC 2222059046 SF-6 C SR-6 CC a 2222059079 24240 132nd Ave SE Kent,WA 98042 SF-6 C SR-6 CC ti 2222059060 24230 132nd Ave SE Kent,WA 98042 SF-6 C SR-6 CC 1722059080 23105 104th Ave SE Kent,WA 98031 SF-6 R3 SR-6 MR-G 1722059008 23023 104th Ave SE Kent,WA 98031 SF-6 R3 SR-6 MR-G 1722059161 23201 104th Ave SE Kent,WA 98031 SF-6 R3 SR-6 MR-G v 1722059222 23204 104th Ave SE Kent,WA 98031 SF-6 R3 SR-6 MR-G 1722059077 23210 104th Ave SE Kent, WA 98031 SF-6 R3 SR-6 MR-G 0 N 1722059014 23435 104th Ave SE Kent, WA 98031 SF-6 MU SR-6 CC-MU r- 0 0822059053 SF-6 R4 SR-6 MRT-16 a 0822059081 21421 108th Ave SE Kent,WA 98031 SF-6 R4 SR-6 MRT-16 0822059217 21429 108th Ave SE Kent, WA 98031 SF-6 R4 SR-6 MRT-16 a 0822059015 10502 SE 216th St Kent,WA 98031 SF-6 R4 SR-6 MRT-16 E 0822059074 10604 SE 216th St Kent,WA 98031 SF-6 R4 SR-6 MRT-16 0822059114 SF-6 R4 SR-6 MRT-16 a- a 0822059098 SF-6 R4 SR-6 MRT-16 0 0822059151 SF-6 R4 SR-6 MRT-16 V I 0822059150 10626 SE 216th ST Kent, WA 98031 SF-6 R4 SR-6 MRT-16 0822059078 21507 108th Ave SE Kent, WA 98031 SF-6 R4 SR-6 MRT-16 r 0822059176 10712 SE 216th ST Kent,WA 98031 SF-6 R4 SR-6 MRT-16 0822059042 SF-6 R4 SR-6 MRT-16 0822059191 10605 SE 216th ST Kent,WA 98031 SF-6 R4 SR-6 MRT-16 r a 4 Packet Pg. 71 6.C.a Parcel Number Site Address City,State Zip Current Land Use Proposed Land Use Current Zoning Proposed Zoning 3 6623400153 11011 SE 192nd St Kent,WA 98055 LDMF MU MR-G CC-MU ° •L 6623400150 LDMF Mu M R-G CC-MU > c 6623400151 LDMF Mu M R-G CC-MU O a� 6623400152 11029 SE 192nd St Kent,WA 98055 LDMF MU MR-G CC-MU L 6623400260 LDMF Mu M R-G CC-MU x 6623400251 10850 SE 196th St Kent,WA 98055 LDMF MU MR-G CC-MU 2 6623400241 10810 SE 196th St Kent,WA 98055 LDMF U MR-G CC-MU 6623400246 10808 SE 196th St Kent,WA 98055 LDMF MR-G CC-MU00 a 6623400240 19516 108th Ave SE Kent,WA 98055 LDMF M MR-G CC-MU 6623400253 10860 SE 196th St Kent, WA 98055 MDMF MU MR-M CC-MU 6623400166 19300 108th Ave SE Kent,WA 98055 MDMF MU MR-M CC-MU 6623400245 19422 108th Ave SE Kent,WA 98055 MDMF MU MR-M CC-MU t 6623400244 19416 108th Ave SE Kent,WA 98055 MDMF MU MR-M CC-MU v a� c O N C O r R C O E O Q E C R IL Q E O U I R L cd G V Q 5 Packet Pg. 72 6.C.a 2. Development Code Changes: Summary of changes to use table based on community engagement ° Use Change Reasoning o 0 Gasoline service stations Remove from Neighborhood Over-saturation of larger, commercial service i Convenience Commercial (NCC) stations which has had more intensive impacts = than what was originally expected ° Nurseries, greenhouses, Add to Neighborhood Existing facilities have been in operation prior to a Lo garden supplies, tools, etc. Convenience Commercial (NCC) zoning regulations with low impacts. This is to correct legal, non-conformities within our code. Sec. 15.04.070. Wholesale and retail land uses. L) c Zoning Districts O Key N C P=Principally Permitted Uses O S=Special Uses C=Conditional Uses N f0 A=Accessory Uses o I? v oo = a U w ci U E M=Minor Conditional Uses Q ¢ m m m (n co Z I en 2 2 2 CM O 11 12 13 O' E Bakeries and confectioneries P P P P P P P F R Wholesale bakery P P P P F IL (28) (28) (2 0. O Bulk retail P P P P P P F U I (28) (28) (2 L Recycling centers C r C tv E t v t4 r a 6 Packet Pg. 73 6.C.a Zoning Districts 3 Key O •L P=Principally Permitted Uses S=Special Uses O C=Conditional Uses O N t0 A=Accessory Uses o 1? ? 1? a? = a U w M=Minor Conditional Uses ¢ Q to to m (n m 2 2 2 2Z v CM O 11 12 13 d 2 Retail sales of lumber,tools, P P P P P F V and other building materials, (28) (28) (2 including preassembled 3 IL products 00 (- Hardware,paint,tile and P P P P P P P P P P F wallpaper(retail) (11) (28) (28) (2 to d Farm equipment P P P P F (28) (28) (2 V General merchandise:dry P P P P P P P P P P F goods,variety,and (11) (28) (28) (2 •O C department stores(retail) O N c Food and convenience stores P P P P P P P P P P P F O (retail) (11) (28) (28) (2 C Automobile,aircraft, P P P P F O E motorcycle,boat and (2) (2) (, N recreational vehicles sales (28) (28) (2 O" E (retail) C R Automobile,aircraft, P P P P P P P F d motorcycle,boat and marine (2) (2) (' Q' E accessories(retail) (28) (28) (2 O U I Gasoline service stations S S S S S S S R (6) (6) (6) (6) (6) (6) (6) (E 0 Apparel and accessories P P P P P P P P P P F (retail) (11) (28) (28) (2 d t t, R r a Packet Pg. 74 6.C.a Zoning Districts 3 Key O •L P=Principally Permitted Uses S=Special Uses C=Conditional Uses O N t0 A=Accessory Uses o 1? ? 1? a? = a U w 0 W W W W W 0! 0! W = U U U U H U U L M=Minor Conditional Uses ¢ Q to to m (n m 2 2 2 2 Z v CM O 11 12 13 d 2 Furniture,home furnishing P P P P P P P P P P F V (retail) (11) (28) (28) (2 7 IL Eating and drinking P P P P P P P P P P P F 00 establishments(no drive- (11) (28) (28) (2 through) to d Eating and drinking S M P P F establishments(with drive- (6) (7) (20) (20) (2 through) (20) (20) (28) (28) (2 V Eating facilities for employees P P P P P F •� C (28) (28) (2 N c O O Drive-through/drive-up M P P P P P P P P F N businesses(commercial/retail (22) (20) (20) (24) (24) (20) (20) (20) (20) (2 N —other than eating/drinking (28) (28) (2 0- establishments) E C Miscellaneous retail:drugs, P P P P P P P P P P P F antiques,books,sporting (11) (28) (28) (2 Q. goods,jewelry,florist,photo E supplies,video rental, L) computer supplies,etc. O L Liquor store P P P P P P P P P P P F D (11) (28) (28) (2 d E t t, R r a s Packet Pg. 75 6.C.a Zoning Districts 3 Key O •L P=Principally Permitted Uses S=Special Uses C=Conditional Uses O N t0 A=Accessory Uses o 1? a? = a U w C7 W W W 0: tY W = U U U U H U U L M=Minor Conditional Uses ¢ Q to to m (n m 2 2 2 2 Z v CM O 11 12 13 d 2 Farm supplies,hay,grain, P P P P P F V feed,fencing,etc.(retail) (2) (2) (28) (28) (2 d Nurseries,greenhouses, P P P P P P P F 00 garden supplies,tools,etc. (2) (2) (28) (28) (2 •� to d Pet shops(retail and P P P P P P F grooming) (28) (28) (2 V Computers and electronics P P P P P P P F (retail) (28) (28) (2 •� C O Hotels and motels P P P P P P P P N C (11) (25) O ca Complexes which include P P P F C combinations of uses, (28) (28) (2 N including a mixture of office, N light manufacturing,storage, a E and commercial uses C R Outdoor storage(including P A A A « truck,heavy equipment,and (19) (19) (2) (2) 0. contractor storage yards as (19) (19) (1 O allowed by development UI standards,KCC 15.04.190 $ O L and 15.04.195) C r Accessory uses and A A A A A A A A A A A A A A A A A A A A A A A A < y structures customarily (9) (27) (27) (27) (27) (16) (16) (17) (17) (17) (17) (17) (16) (16) t (27) r a 9 Packet Pg. 76 6.C.a Zoning Districts 3 Key 0 L P=Principally Permitted Uses S=Special Uses 0 C=Conditional Uses 0 N t0 A=Accessory Uses o 1? ? 1? a? = a U Lu C7 W W W W W 0 0: X = U U U U H U U L M=Minor Conditional Uses ¢ Q to to m (n m 2 2 2 2Z v CM 0 11 12 13 d 2 appurtenant to a permitted v use .0 7 Agriculturally related retail M P P F a (21) (2) (2) (, ti (28) (28) (2 Battery exchange station S S A A A A A S S S S < (23) (23) (23) (23) (23) (23) (23) (23) (23) (23) (23) (2 Cl t V 15.04.080 Wholesale and retail land use development condiffas. 1. [Reserved]. o 2. Outside storage or operations yards ee 1 2, and I3 districts shall be permitted only as accessory uses. Such uses N are incidental and subordinate to the puse of the property or structure. Outdoor storage is limited to 15 percent 0 of the total site area in the I1 district, 30 percent of the total site area in the I2 district, and 50 percent of the total site c area in the I3 district. 3. [Reserved]. a 4. [Reserved]. E 5. [Reserved]. 6. Special uses must conform to the development standards listed in KCC 15.08.020. Gasoline service stations are only a a allowed on lots with a Mixed-Use fire land use designation if established prior to January 1, 2025. E 7. Drive-through restaurants, only if located in a building having at least two stories. Li 8. Accessory uses are only allowed in cases where development plans demonstrate a relationship between these uses and the principal uses of the property. c` 9. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. E 10. [Reserved]. r a 10 Packet Pg. 77 6.C.a 11. The ground level or street level portion of all buildings in the pedestrian overlay of the DC district, set forth in the U) map below, must be retail or pedestrian-oriented. Pedestrian-oriented development shall have the main ground floor c •L entry located adjacent to a public street and be physically and visually accessible by pedestrians from the sidewalk, and > may include the following uses: o a. Retail establishments, including but not limited to convenience goods, department and variety stores, specialty i shops such as apparel and accessories, gift shops, toy shops, cards and paper goods, home and home accessory shops, florists, antique shops, and book shops; c, b. Personal services, including but not limited to barber shops, beauty salons, and dry cleaning; a c. Repair services, including but not limited to television, radio, computer, jewelry, and shoe repair; ti d. Food-related shops, including but not limited to restaurants (including outdoor seating areas and excluding drive- in restaurants) and taverns; c, e. Copy establishments; U a� f. Professional services, including but not limited to law offices and consulting services; and 0 g. Any other use that is determined by the economic and community development director to be of the same r_ general character as the above permitted uses and in accordance with the stated purpose of the district, pursuant to KCC 15.09.065, Interpretation of uses. a� 12. Retail convenience grocery sales are allowed in conjunction with a gasoline service station as a special permit use subject to the development standards listed in KCC 15.08.020. E 13. [Reserved]. 14. [Reserved]. a 15. [Reserved]. E 16. Includes incidental storage facilities and loading/unloading areas. U 17. Includes incidental storage facilities, which must be enclosed, and loading/unloading areas. 18. [Reserved]. c` 19. Reference KCC 15.07.040(B), outdoor storage landscaping. 20. Whenever feasible, drive-up/drive-through facilities shall be accessed from the rear of a site and run along an E interior lot line or building elevation. Landscaping, sufficient to soften the visual impact of vehicle stacking areas, may be 0 required. Q 11 Packet Pg. 78 6.C.a 21. Retail use must be for sale of agricultural or horticultural products, at least 25 percent of the gross sales value of U) which are grown within Washington State. Up to 50 percent of the gross sales value may be for seed, gardening c �L equipment and products, private label foods, and locally hand-made products. Any structures must be designed to > maintain or enhance the agricultural appearance of the area. o 22. Any drive-up/drive-through facility shall be accessory to the principal use to which it is attached. 23. All battery exchange activities and associated storage shall take place within an enclosed building. The development standards listed in KCC 15.08.020(B) shall apply, except that KCC 15.08.020(B)(3) shall not apply. _ 24. Drive-through/drive-up businesses are permitted only under the following conditions: .2 a. The development must be within a strip-mall or shopping center. a 25. The ground floor or street level must be retail or pedestrian-oriented following the Midway Design Guidelines. The main ground floor entry shall open to a public street with accessory retail uses accessible by pedestrians. N 26. [Reserved]. 27. Accessory structures composed of at least two walls and a roof, not including accessory uses or structures customarily appurtenant to agricultural uses, are subject to the provisions of KCC 15.08.160. 28. In the I1, I2, and I3 districts, commercial, office, and retail uses are allowed, but shall be limited to 30,000 square feet per occupancy. 0 c 0 c aD E m a E a a E 0 U I cv L 0 C d E V R a 12 Packet Pg. 79 6.C.b Holdsworth, Kristen From: Clint Absher <absher.cd@gmail.com> N Sent: Tuesday, November 12, 2024 6:18 PM To: Future Kent; Kosen, Tanya Subject: Comment Period - 11029 SE 192nd St E a� Follow U Fla Follow u E p g� p E Flag Status: Completed c m c cc This message originated outside the City of Kent. Use caution when following links or opening t) attachments as they can be malicious. Please contact IT Security at ISP@KentWA.gov with any questions. v a) Hi there, E E I tried joining the zoom meeting tonight to provide a public comment on the comp plan update that is going to impact N the property I am working on. The address is in the subject line. I am working with the owners of the property(Bruce and Mary Baker) and we have a pre-app meeting scheduled for N December 10th. Our intent is to entitle the property for single family lots to further develop the adjacent property to the east that is o �L another single family development. > c O The property owner received a notice that the zoning was going to be changed. 0 c We would ask that the current zoning for the property be maintained and not changed to the community commercial zoning that the comp plan is stating that it is going to be changed to. _ Please let me know if there are further discussions needed to keep the zoning the same for this property. IL Thank you ti -- m ClintAbsher o a L Bonney Lake, WA Y m L J r C d E E O U c O E t U r Q 1 Packet Pg. 80 6.C.c Holdsworth, Kristen From: Justin Devore <jdevore777@gmail.com> N Sent: Tuesday, November 12, 2024 10:00 PM r To: Future Kent Subject: Fwd: Parcel #2822059164: Request to stop zoning change proposed via Kent E Comprehensive Plan 2044 m a Attachments: image002.png; image003.png E O r Follow Up Flag: Follow up Flag Status: Flagged tU m O This message originated outside the City of Kent. Use caution when following links or opening v attachments as they can be malicious. Please contact IT Security at ISP@KentWA.aov with any questions. c 0 N c It appears the text from Soundview Consultants didn't convey in my original email, thus I am including it here. Thank y you. O N N Chapter 5. Results 0 The results include data from historic aerial photograph interpretations, drainage basin maps, and field investigations. Interpretation of historical aerial photographs suggests that most of the subject 0 property had been used for agricultural use and was most likely not wetland during that time. An 0 tM assessment of the drainage basin suggests an increase in the volume of water being directed into streams that cross the subject property resulting in an artificially expanded wetland area. The wetland findings show that the current wetland area covers the majority of the subject property. x 0 n_ In addition, the excavated channel associated with the south tributary appears to have not been maintained and may have filled in in the area between 1241h Avenue Southeast and the subject r property. The apparent lack of maintenance and filling in of the channel, coupled with the direct surface runoff, would most likely have resulted in a substantial increase in frequency of on-site flooding,saturation,and wetland area. a O L d ---------- Forwarded message --------- From:Justin Devore<idevore777@�mail.com> °' 0 Date:Tue, Nov 12, 2024 at 11:57 PM L Subject: Parcel #2822059164: Request to stop zoning change proposed via Kent Comprehensive Plan 2044 To: <FutureKent@kentwa.gov> _J c m E To whom it may concern: c U I am sending this email to formally dispute a proposed zoning change in relation to my parcel,#2822059164(12633 SE 270th Street, Kent 98030). Kristen Holdsworth, Long Range Planning Manager from the City of Kent directed me to E email this box. Q Packet Pg. 81 6.C.c Please note that I am the legal executor of my deceased father, David DeVore's estate,which includes this property. I am hereby requesting to maintain the existing MR-H zoning for the northern portion of my deceased father's property. Changing the zoning now, at a time when I have the property listed for sale, will create an immense financial hardship for my family and will likely make the property substantially more difficult to sell. My wife and I are a single- N income family, have a modest income and live a very modest lifestyle. We don't have the financial resources to further a, develop the property, including having it sub-divided. We are firm believers in giving-back to the community (and regularly r practice doing so with our time and limited resources) and thus I would love to see a small development of low-income housing or senior, income-restricted apartments (which my mother happens to live in in Puyallup and has made a world of OE difference in her quality of life) along the portion of the property that runs adjacent to Kent-Kangley Road. I believe such a m CL development would well-serve the local community and align cohesively with existing area shops and services. E O r As an aside, prior to his passing, my father had some analysis of his property performed by Soundview Consultants-who a� concluded that a portion of the existing wetland area was likely caused by runoff from nearby development(manmade) as well as the lack of maintenance of an excavated channel (see below text). j m O U c O N c cv N N C O N N Many thanks for your time and consideration. Please let me know if you have any questions. N 7 Justin DeVore 602-697-4002 > c O a� c L V Q_ r d Q O L a. d L O d L J C N E E O U C N E t v cC r Q 2 Packet Pg. 82 6.C.d Holdsworth, Kristen From: Sears, Tricia (DNR) <Tricia.Sears@dnr.wa.gov> Sent: Wednesday, November 13, 2024 3:05 PM To: Holdsworth, Kristen N Cc: Sears, Tricia (DNR); Holman, Carol (COM) t r Subject: Kent's Development Regulations update (Commerce ID#2024-5-7617): WGS comments .r c M E m a E This message originated outside the City of Kent. Use caution when following links or opening o attachments as they can be malicious. Please contact IT Security at ISP@KentWA.gov with any N � questions. � � c 11/13/24 U Hello 0 U 0) In keeping with the interagency correspondence principles, I am providing you with comments on Kent's Development •9 Regulations update (Commerce ID#2024-5-7617). N c For this proposal submitted via Planview, I looked at the proposal and focused on areas related to WGS work. Of note, N but not limited to, I look for language around the geologically hazardous areas, mineral resource lands, mining, climate c change, and natural hazards mitigation plans. N Specifically in this proposal, I reviewed the Draft Comp Plan Implementation Zoning Changes PDF. c •L ca Based on the information in the document, the proposal is not related to WGS focus areas and thus WGS has no > c comments. o a� c Below, I include our usual language for future endeavors. x Recognizing the limitations of the current proposals, I want to mention that it would be great for you to consider these .2 E in current or future work, be it in your comprehensive plan, development code, and SMP updates, and in your work in a general: Go • Consider adding a reference to WAC 365-190-120 geologically hazardous areas for definitions in other areas r besides the CAO. In addition, consider adding a reference to WAC 365-196-480 for natural resource lands. `" W • Consider adding a reference to the WGS Geologic Information Portal in other areas besides the CAO. If you have o not checked our interactive database,the WGS Geologic Information Portal, lately, you may wish to do so. Geologic Information Portal I WA- DNR J • If you have not checked out our Geologic Planning page,you may wish to do so. Geologic Planning I WA- DNR m E Thank you for considering our comments. If you have any questions or need additional information, please contact me. c For your convenience, if there are no concerns or follow-up discussion,you may consider these comments to be final as v of the 60-day comment deadline of 12/10/24. E Cheerio, Tricia Q 1 Packet Pg. 83 6.C.d Tricia R. Sears (she/her/hers) Geologic Planning Liaison Washington Geological Survey(WGS) Washington Department of Natural Resources (DNR) Cell: 360-628-2867 Email:tricia.sears(o)dnr.wa.gov 0 N O t a+ C N E N Q E O r N N C cC t U O O U C O N C cv N N C O N N N 7 O •L cC C O C �L V Go r Z L J C N E E O U C N E t C� O r Q 2 Packet Pg. 84 8.A.1 Pending Approval Kent City Council • City Council Regular Meeting KENT Minutes WAS M IN G 7 0 N November 5, 2024 Date: November 5, 2024 Time: 5:00 p.m. Place: Chambers 1. CALL TO ORDER/FLAG SALUTE Mayor Ralph called the meeting to order. a 2. ROLL CALL Attendee Name Status Arrived c Dana Ralph mayor Present Satwinder Kaur Council President Present ° a Bill Boyce Councilmember Present a John Boyd Councilmember Present Brenda Fincher Councilmember Remote a 0 Marli Larimer Councilmember Present LO Toni Troutner Councilmember Present N Zandria Michaud Councilmember Present N U 3. AGENDA APPROVAL 'o z A. I move to approve the agenda as presented. o a� RESULT: MOTION PASSES [UNANIMOUS] MOVER: Satwinder Kaur, Council President SECONDER: Bill Boyce, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Troutner, Michaud .2 a� 4. PUBLIC COMMUNICATIONS a N A. Public Recognition c L Employee of the Month Mayor Ralph recognized Police Corrections Officer, Michael Anderson as the November Employee of the Month. B. Community Events Council President Kaur announced upcoming events at the accesso ShoWare Center. Councilmember Fincher announced upcoming Spotlight Series events. Packet Pg. 85 8.A.1 Kent City Council City Council Regular Meeting November 5, 2024 Minutes Kent, Washington S. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report Mayor Ralph provided details regarding today's Coffee and Conversations with the Mayor and indicated she was joined by Covington Mayor Jeff Wagner. B. Chief Administrative Officer's Report Chief Administrative Officer, Pat Fitzpatrick advised his report is included in today's agenda packet. a� C. Councilmembers' Reports Council President Kaur advised today's Committee of the Whole meeting is 4- available online. 0 0 Kaur advised the Association of Washington Cities is working on legislative a priorities. Q Councilmember Boyce talked about the Public Safety items on today's a Committee of the Whole agenda. o LO Councilmember Boyd announced recent events held by the Puget Sound N Regional Fire Authority. Ci 0 Councilmember Fincher talked about the King Conservation District's plant Z sale and free classes. 0 a� r 6. PUBLIC HEARING = None. ai c 7. PUBLIC COMMENT .2 None. Q 8. CONSENT CALENDAR a 0 c RESULT: APPROVED [UNANIMOUS] MOVER: Satwinder Kaur, Council President SECONDER: Bill Boyce, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Troutner, Michaud A. Approval of Minutes i. Council Workshop - Workshop Regular Meeting - Oct 15, 2024 5:15 PM ii. City Council Meeting - City Council Regular Meeting - Oct 15, 2024 7:00 PM ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 2 of 5 Packet Pg. 86 8.A.1 Kent City Council City Council Regular Meeting November 5, 2024 Minutes Kent, Washington B. Payment of Bills - Approve MOTION: I move to approve the payment of bills received through 9/30/24 and paid on 9/30/34, and approve the checks issued for payroll 9/16/24 - 9/30/24 and paid on 10/5/24, all audited by the Committee of the Whole on 10/15/24. C. Write-offs of Uncollectable Accounts - Authorize MOTION: I move to authorize the Mayor to write-off uncollectable accounts owed to the City in the amount of $74,232.26, subject to final approval of the Finance Director. D. Agreement with Dynamic Language Center, LTD for ARPA- Funded Document Translation Services - Authorize 4- 0 MOTION: I move to authorize the Mayor to sign an agreement with Dynamic Language Center, LTD for document translation o services, subject to final terms acceptable to the Chief a Administrative Officer and City Attorney. -- E. Cooperative Purchasing Agreement - Angel Armor, LLC - a Authorize o LO MOTION: I move to authorize the Police Chief to purchase law N enforcement equipment through a cooperative purchasing N agreement the state Department of Enterprise Services has L with Angel Armor, LLC, if those purchases are within the City's 0 established budgets and made during the term of the - cooperative contract, including any authorized extensions. r F. Easement to Puget Sound Energy at the Kent East Hill = Operations Center (KEHOC) - Authorize ai MOTION: I move to authorize the Mayor to sign the Easement Agreement with Puget Sound Energy, subject to final terms and Q conditions acceptable to the Public Works Director and City Attorney. Q N 9. OTHER BUSINESS c A. Parayil Rezone Ordinance - Adopt City Attorney, Tammy White provided an overview of the rezone of 3.56 acres of property, located at off of Canyon Drive from MR-D (Duplex Multifamily Residential District) to MRT-16 (Multi-Family Residential Townhouse District). White advised the property is owned by Parayil, LLC and the applicant filing the rezone request is Babu Parayil. When the matter was before the hearing examiner, no one spoke in opposition to the rezone request. • An open record hearing was previously held before the Hearing Examiner on October 2, 2024. Public notice of that hearing was given as required by the ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 3 of 5 Packet Pg. 87 8.A.1 Kent City Council City Council Regular Meeting November 5, 2024 Minutes Kent, Washington Kent City Code, which staff will explain in their presentation. After the hearing, the Hearing Examiner recommended Council approve the rezone request, and it is that recommendation before you tonight for consideration and, if you agree with the Hearing Examiner, adoption of the implementing ordinance. • Because this matter would change the zoning on a specific parcel of property, it is considered a "quasi-judicial matter". • Typically, Council sits as a legislative body where it develops policy for the City. • On legislative matters, outside influences can and often do help shape Council's policy decisions. ; • However, in a quasi-judicial matter, Council sits as a panel of judges determining the legal rights of specific parties by applying previously - developed policy to a particular property in a hearing or other proceeding. L • When it is applying policy (as opposed to developing it), Council must a be impartial, fair, and free from outside influences. a • To help insure fairness and impartiality in quasi-judicial matters, the Appearance of Fairness Doctrine was developed through the courts and later o codified into state law at Ch. 42.36 RCW. LO • Before tonight's Council meeting, each Council Member completed an N Appearance of Fairness Disclosure Statement and provided that statement to N me or the City Clerk. L • I have reviewed those disclosure statements. All Council Members advised 'o (1) they did not have any ex parte communication with any proponent or - opponent to the rezone request, (2) they do not have any personal interest in the proposed rezone, and (3) they are able to consider the rezone request fairly and impartially. _ White asked the audience if any had a lawful basis to ask for the recusal of a council member due to the Appearance of Fairness Doctrine. There were no responses. 2 a� Planner, DeJai Mitchell provided the staff presentation. Q N The MRT-16 zoning district is consistent with the existing Comprehensive Plan Land Use Map designation of LDMF - Low Density Multifamily. Both the existing zoning designation of MR-D and the proposed MR-T16 are allowed zoning designations for the LDMF land use under the City's Comprehensive Plan. The property under MRT-16 zoning would remain compatible with the existing development in the vicinity. Abutting the Parayil property are five apartment complexes, a church, one condominium building, and one single- family home. The existing zoning in the area includes MR-M, MR-D, SR-6, and MR-T16, all of which are residential zones. Kent City Code 15.09.050 establishes five criteria for granting a request for rezone which help ensure consistency with the Comprehensive Plan, nearby ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 4 of 5 Packet Pg. 88 8.A.1 Kent City Council City Council Regular Meeting November 5, 2024 Minutes Kent, Washington land uses, and available infrastructure and services. After conducting an open record public hearing on October 2, 2024, the hearing examiner recommended the Parayil rezone application be approved. City planning staff agree with the hearing examiner's recommendation and recommend Council accept it. There was nobody signed up to provide comment and no comments were received. Council President Kaur moved to admit the Quasi-Judicial Disclosure Statements submitted by the Councilmembers into the record for this quasi- ; judicial matter, seconded by Councilmember Boyce. The motion passed unanimously 7-0. 4- 0 MOTION: I move to accept the Findings, Conclusions, and > Recommendation of the Hearing Examiner on the Parayil 0 a rezone application and to adopt Ordinance No. 4499, approving a the Parayil rezone application from MR-D (Duplex Multifamily Residential District) to MRT-16 (Multi-Family Residential a Townhouse District). o LO RESULT: MOTION PASSES [UNANIMOUS] c MOVER: Satwinder Kaur, Council President C" Li SECONDER: Bill Boyce, Councilmember o AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Troutner, Michaud Z RESULT: MOTION PASSES [UNANIMOUS] MOVER: Satwinder Kaur, Council President SECONDER: Bill Boyce, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Troutner, Michaud c r 10. BIDS a� None. Q N r 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION c None. 12. ADJOURNMENT Mayor Ralph adjourned the meeting. Meeting ended at 5:25 p.m. Ki,vyt b-eAey A. Ko-wwtcr City Clerk ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 5 of 5 Packet Pg. 89 8.B • KENT *A 3 M IN G T 0 N DATE: November 19, 2024 TO: Kent City Council SUBJECT: Payment of Bills - Approve MOTION: I move to approve the payment of bills received through 10/15/24 and paid on 10/15/24; approve the checks issued for payroll 10/1/24 - 10/15/24 and paid on 10/18/24; approve the payment of bills received through 10/31/24 and paid on 10/31/24; and approve the checks issued for payroll 10/16/24 - 10/31/24, all audited by the Committee of the Whole on 11/5/24. Approval of payment of the bills received through: 10/15/24 and paid 10/15/24 Approval of checks issued for Vouchers: Date Document Numbers Amount 10/15/24 Wire Transfers 10370 10394 $ 3,284,257.16 10/15/24 Regular Checks 712440 712111 $ 4,278,091.32 10/15/24 Payment Plus 106318 106352 $ 69,215.71 Void Checks $ - Void Payment Plus $ - 10/15/24 Use Tax Payable $ 4,565.10 Total Accounts Payable: $ 7,636,129.29 Approval of checks issued for Payroll: 10/1124-10/15/24 and paid 10/18/24 Date Document Numbers Amount 10/18/24 Checks $2,524,257.29 Voids and Reissues $0.00 10/18/24 Addces FR&P 463800 463806 $4,541.59 Total Payroll: $2,528,798.88 Approval of payment of the bills received through: 10/31124 and paid 10/31/24 Approval of checks issued for Vouchers: Date Document Numbers Amount 10/31/24 Wire Transfers 10395 10412 $ 2,737,206.70 11/11/24 Regular Checks 112112 111321 $ 11,867,386.41 10/31/24 Payment Plus 106353 106406 $ 126,103.12 Void Checks $ (52,757.70) Void Payment Plus $ - 10/31/24 Use Tax Payable $ 7,714.37 Total Accounts Payable: $ 14,685,652.90 Approval of checks issued for Payroll: 10116/24-10/31124 and paid 11/05/24 Date Document Numbers Amount 11/05/24 Checks $2,572,655.35 Voids and Reissues $0.00 11/05/24 AdNces FR&P 463807 463813 $4,541.59 Total Payroll: $2,577,196.94 Packet Pg. 90 8.B 11/05/24 Committee of the Whole MOTION PASSES RESULT: MOTION PASSES [6 TO 0] Next: 11/19/2024 7:00 PM MOVER: Bill Boyce, Councilmember SECONDER: John Boyd, Councilmember AYES: Kaur, Boyce, Boyd, Larimer, Michaud, Troutner AWAY: Brenda Fincher Packet Pg. 91 8.0 • KENT *A S M IN G T O N DATE: November 19, 2024 TO: Kent City Council 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. 4500, 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. 92 8.0 ATTACHMENTS: 1. Trespass KCC 9.02.710 - Ordinance (PDF) 11/05/24 Committee of the Whole MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 11/19/2024 7:00 PM MOVER: Bill Boyce, Councilmember SECONDER: John Boyd, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner Packet Pg. 93 8.C.a �a a� m 0 c 0 .y 7 V K W O ORDINANCE NO. 4500 0 as 0 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. a� a a� RECITALS i as c 0 c A. The City's "public facilities", which include but are not limited to its buildings, parks, recreational areas, and watershed areas, serve to 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 ti public facilities pursuant to Article XI, Section 11 of the Washington o a� 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 - a� L 1 Amend KCC 9.02.710 - Re: Public Facility - Illegal Activity E z U Q Packet Pg. 94 8.C.a �a their intended purpose. This includes providing City staff and police officers with the authority to temporarily exclude individuals whose behavior is o r- disruptive, unsafe, prohibited, or illegal so that the public remains free to •y use these facilities for their intended purpose. x w 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 0 exclusion orders. Although this ordinance repeals and replaces the ti N provisions within Kent City Code 9.02.710, its core functions remain the CD same. Specifically, it continues to allow police officers to exclude individuals o from public facilities for specified illegal and prohibited activity for periods of Cn 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. i U NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: r� to ORDINANCE as U c SECTION 1. - Repeal. Section 9.02.710 of the Kent City Code, L entitled "Public facility - Illegal activity - Exclusion", is hereby repealed in 0 its entirety. ti N O O 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: L 2 Amend KCC 9.02.710 - Re: Public Facility - Illegal Activity E z U Q Packet Pg. 95 8.C.a �a a� m Section 9.02.710. Public facility - Prohibited and illegal o c activity — Exclusion. •y x w 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 0 or illegal activity at the public facilities. This activity is often engaged in by ti N a comparatively small number of repeat offenders. The city council further a� 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 Cn 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 U 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 o` basis of such a violation, exclude that person from entering the public facility to where the act was committed for a specified period as set forth in subsection a� (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 L section, the officer may, by written order, exclude that person from entering 0 all public facilities within that assemblage. ti N 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, a a� L 3 Amend KCC 9.02.710 - Re: Public Facility - Illegal Activity °' E z U Q Packet Pg. 96 8.C.a R 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 c 0 3 C. Exclusion periods by written exclusion order. A person may be x w excluded from a public facility or public facility assemblage by a written o 0) 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 0 when: (i) the person has not been issued an exclusion order within one year N 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 r violence or threat of violence. Cn 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 a� one year prior to the date of the current violation, or (ii) the current violation is a felony violation or a weapon violation. c 3. For a period of 180 days from the date of the exclusion order CL 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. r d 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 L following: 0 1. the date of issuance; ti N 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; L 4 Amend KCC 9.02.710 - Re; Public Facility - Illegal Activity E V a Packet Pg. 97 8.C.a �a 5. a warning of the consequences for the person's failure to comply with the exclusion order; o r- 6. the procedure for seeking a hearing to modify or rescind the exclusion order; and x w 7. the issuing officer's name and signature. 2 c E. Hearing procedure. The person subject to the exclusion order issued 0 by a police officer pursuant to Section (13)(1) shall have the right to a ti N hearing to seek to modify or rescind their exclusion from the identified public CD 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, Cn 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 a� 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 L information provided. 0 3. The hearing. The parties to the hearing shall be the city and ti N 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 L 5 Amend KCC 9.02.710 - Re: Public Facility - Illegal Activity °' E z U Q Packet Pg. 98 8.C.a �a 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 r- 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 w 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 0 evidence, or call witnesses to testify. The city's hearing officer may consider ti N information and evidence that would not be admissible in a court of law CD under the evidence rules, but which the hearing officer considers relevant o and trustworthy. Each party shall be responsible for securing the attendance Cn 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 a� superior court within 14 calendar days of the date of the decision. 6. Effectiveness of exclusion order. The exclusion order shall L remain effective during the pendency of any administrative or judicial 0 proceeding, unless a stay is obtained from superior court. ti N 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 a a� L 6 Amend KCC 9.02.710 - Re: Public Facility - Illegal Activity E z U Q Packet Pg. 99 8.C.a �a litigation of those same facts in a subsequent criminal prosecution or civil proceeding. o c 0 .y 7 F. Qualifying acts for exclusion order. An exclusion order from a public x w 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; 0 2. Any act that qualifies as a gross misdemeanor or misdemeanor ti N crime, excluding all traffic offenses except for the following negligent, CD 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; Cn 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; �. as 4. Any act that qualifies as a violation of park rules, including: a. KCC 4.01.020 Same - Damaging property. c b. KCC 4.01.030 Same - Animals. a� 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. c� g. KCC 4.01.130 Same - Alcoholic beverages. as h. KCC 4.01.140 Same - Golf. c cc i. KCC 4.01.150 Use of facilities. C L j. KCC 4.01.160 Hours. 0 k. KCC 4.01.190 Sales of refreshments. ti N 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. a� L 7 Amend KCC 9.02.710 - Re: Public Facility - Illegal Activity °' E z U Q Packet Pg. 100 8.C.a �a a� m G. Public facility. For the purpose of this section, a public facility consists o c of the buildings, structures, and equipment, and the adjoining grounds, •y appurtenances, and parking areas of any of the following when located x w 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 0 park or Kent School District property when subject to an authorizing ti N agreement with the city of Kent. CD 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 Cn 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. c 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 o` an authorizing agreement with the city of Kent. to 7. The watershed areas owned and operated by the city of Kent, a� including Armstrong Springs, Clark Springs, and Kent Springs. U 8. Any public library or pool maintained by the city of Kent, or L King County or another entity when such library or pool is subject to an 0 authorizing agreement with the city of Kent. ti N O 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 L 8 Amend KCC 9.02.710 - Re: Public Facility - Illegal Activity E z U Q Packet Pg. 101 8.C.a �a 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 r- assemblage shall be deemed to have occurred within the public facility •y assemblage. Public facility assemblages include the following: x w 1. Downtown public facility assemblage, consisting of Town o Square Plaza, Burlington Green/Yangzhou Park, Kaibara Park, Rosebed Park, and the Kent Library. 0 ti N I. Violation and penalty. The violation of an exclusion order or 48-hour o CD exclusion notice is a misdemeanor. o a� 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. a� 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. L O SECTION 5. - Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are a� authorized to make necessary corrections to this ordinance, including the U correction of clerical errors; ordinance, section, or subsection numbering; or L references to other local, state, or federal laws, codes, rules, or regulations. O ti N O O U U Y N N Q N d L 9 Amend KCC 9.02.710 - Re: Public Facility - Illegal Activity E z U Q Packet Pg. 102 8.C.a R 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 c 0 3 V x November 19, 2024 w 0 r DANA RALPH, MAYOR Date Approved r a� ATTEST: c r ti N R November 19, 2024 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted r a� November 22, 2024 Cn, Date Published a o: APPROVED AS TO FORM: as CL c a� TAMMY WHITE, CITY ATTORNEY i a� c c L 0 ti r d V C R C L 0 Q r ti N R a) U U Y R d L 10 Amend KCC 9.02.710 - Re; Public Facility - Illegal Activity E a Packet Pg. 103 8.D • KENT *A S M IN G T O N DATE: November 19, 2024 TO: Kent City Council 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. 104 8.D 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) 11/05/24 Committee of the Whole MOTION PASSES Packet Pg. 105 8.D RESULT: MOTION PASSES [UNANIMOUS]Next: 11/19/2024 7:00 PM MOVER: Bill Boyce, Councilmember SECONDER: John Boyd, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner Packet Pg. 106 8.D.a m a 0 L- a. V a. c 0 ORDINANCE No. 4501 .Q E U AN ORDINANCE of the City Council of the L) City of Kent, Washington, amending Chapter 8.09 of Y CD the Kent City Code entitled, "Camping on Public o 00 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 a a� RECITALS L O 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, U Y critical aquifer recharge areas, and flood hazard areas. These investments o serve the critical purposes of helping to ensure the health, safety, and M U welfare of the public by providing clean drinking water; reduce flooding; a� provide a sufficient tree canopy to address the impacts of global warming; o L 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 a) public spaces, including parks and open spaces, which studies have shown .Q 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 LO 1 Amend KCC 8.09 - m Re: Camping on Public Property E U 0 r r a Packet Pg. 107 8.D.a and other modes of non-vehicular travel. When unlawful camping occurs in a� these public spaces, the very purpose for which they were constructed or c L 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 0) 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 � U expressed that they do not feel safe, nor do they feel that their property is Y 0 secure in areas with unlawful camps. 00 L C. Kent residents have invested millions of taxpayer dollars in �. local and regional efforts to address housing and homelessness, despite 0 a� having a significantly higher share of lower-income housing. Specifically, to c 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 U issue that requires a regional approach. Contemporaneously, Kent has an U Y CD obligation to its residents to address the detrimental impacts caused to their o 00 physical safety and property, and to the public investments they fund. M D. The City employs staff whose primary duties include helping Q. residents in unlawful camps find shelter and services. However, it is the ° a 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 c help is refused, the City is left with few options. The City has partnered with ° c 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) r CD 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 U r r a Packet Pg. 108 8.D.a increasing its investment in homelessness outreach and housing through a� services provided by the Salvation Army. c L- 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 0) the accumulation of garbage; in restoring the ecological function of property .Q damaged by the removal of vegetation and earth from wetlands and other critical areas; and in restoring public facilities that have been damaged or U vandalized, such as bathroom facilities, play equipment, and covered picnic Y 0 areas in parks, by unlawful camps and those who reside within them. 00 L F. Since at least 2000, the City has prohibited camping in public �. spaces throughout the City. These provisions have been amended from time 0 a� to time, with the most recent revisions occurring in 2022. These latest c 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 r will continue to provide assistance to those who wish to leave unlawful U camps and seek alternative shelter. Additionally, if criminal charges are filed, L) Y CD the City will not impose fines and will agree to deferred sentences in all cases o 00 where individuals in need of treatment services agree to comply with a M treatment provider's recommended treatment plan. Finally, the City will not Q. object to a future request to vacate a prior conviction for violation of this 0 a chapter. a c 0 a� c .Q E 0 U r 0 LO 3 Amend KCC 8.09 - m Re: Camping on Public Property E U 0 r r a Packet Pg. 109 8.D.a NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, as WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 0 V ORDINANCE a c 0 SECTION 1. - Amendment Ch. 8.09 KCC - Camping on Public .Q Property. Chapter 8.09 of the Kent City Code, entitled "Camping on Public E Property", is amended as follows: U U Y CHAPTER 8.09 0� 0 CAMPING ON PUBLIC PROPERTY co L d 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 a� altering or damaging the natural environment such as diverting water, E a removing vegetation, and excavation. Camping on public property - erecting 0 and occupying camp facilities for the purpose of facilitating occupation, E L 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) U 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) r It is the purpose of this chapter to promote the public health, safety, a 0 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. 0 a� c Sec. 8.09.020. Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meaning ascribed to them ci 0 LO v 4J 4 Amend KCC 8.09 - a Re: Camping on Public Property 0 r r Q Packet Pg. 110 8.D.a in this section, except where the context clearly indicates a different a� meaning: c L- a. V A-. Available eveffiight shelter n9eans a publie eF PFivate shelter-, with an c 0 a� .Q E 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) Y in a location. 0 00 L 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 a� to function as a temporary or permanent place of residence or to demarcate c 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. L O 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 U Y slopes, geologic hazard areas, critical aquifer recharge areas, and flood o hazard areas as well as the buffers which serve to protect the M U aforementioned areas. a� Q. 0 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- 0 contribute to a present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, E 0 disposed of, or otherwise managed. r 0 LO 5 Amend KCC 8.09 - m Re: Camping on Public Property E U 0 r r a Packet Pg. 111 8.D.a F-.E. Litter is as defined in KCC 8.04.020 as now enacted or hereafter a 0 amended or recodified. a GF. Park means and includes all city parks, public squares, park drives, a c 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 Y structures, picnic shelters, restrooms, and other appurtenances. o 00 L H-.G. Pollutant means and includes anything that may contaminate or �. contribute to the contamination of any place, area, or location. Examples 0 a� include without limitation: hazardous materials; paints, varnishes, and c 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 r particulate metals; animal wastes; wastes and residues that result from U constructing a building or structure; electronics; electric and combustion U Y CD engines and devices that use electric and combustion engines including parts o 00 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. Q. 0 L -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 a) 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 Re: Camping on Public Property E U 0 r r a Packet Pg. 112 8.D.a not limited to parking lots and structures, breezeways, entryways, planter a� areas, and storage areas, and any other property in which the city has a c L property interest of any type. a I. Recreational vehicle means a travel trailer, motor home, truck 0 camper, or camping trailer that is primarily designed and used as temporary .Q living quarters, is either self-propelled or mounted on or drawn by another E M vehicle, is transient, is not occupied as a primary residence, and is not U immobilized or permanently affixed to a mobile home lot. CO o� 0 +<-.J. Store or storage means to put aside, accumulate, or to place or leave r in a location for preservation or later use or disposal., U c c 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 c open as a matter of right for public vehicular travel. L O 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. 00 Y 0 Sec. 8.09.030. Unlawful camping on public property. U A-. Unlawful . It shall be unlawful for any person to camp on a public property, except as allowed in KCC 4.01.090. 0 a 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 0 a� this subsectmen: C Q U o LO v 7 Amend KCC 8.09 - a Re: Camping on Public Property 0 r r Q Packet Pg. 113 8.D.a m events, epen fields er- maintained grassy areas, designated eff leash deg picnic shelters, play fields, areas designated OF maintained fE)F spectatE)Fs ef 0 L lets-, IL 0 2--.GrmtOcaI aFeas and wateF supply prepeFties that are owned by 0 a� c E U buildings, lets, and appUFtenances used toU U Centennial Y 0 / 00 L d �+ / Kent CeFrectiens Facility, and its Pregram Annex Building; U Kent Senmer / Kent / Rover-bend Gelf / d E rQE-at2d-t?t24611 11-6rrr Ave. SE, Kent, A 98939; and the � c Center. 4-.Streets and smdewalks-.- O -5-.1. and which are pested with signs pFehibiting tFespass. U Y 0 00 a vielatmen ef thms seetien shall be suspended any tinge there is Re availabl-e U / any peFSOn camp L Q 0 L IL 0_ Z a c 0 a� c .Q E U 0 LO v 8 Amend KCC 8.09 - a Re: Camping on Public Property E r r Q Packet Pg. 114 8.D.a Sec. 8.09.040. Unlawful storage of camp facilities or other a� Property on public property. c 0 V A. It shall be unlawful for any person to store camp facilities or other property on public property. 0 a� c 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 Y property in accordance with parking regulations, unless otherwise prohibitedCO o by law. r C—sEnfercement ef thus section shall be suspended On the event a persen U . and theFe is no available evefflight shelter fOF the individual camping. c d E Q d C9. No citation shall be issued for a violation of this section if the person c identified as the owner of the camp facilities or other property immediately 0 removes the camp facilities or other property upon request. Sec. 8.09.045. Offer of assistance — Officer guidance — U Considerations. Y 0 CO 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 a 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 c 0 0 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 LO v 9 Amend KCC 8.09 - a Re: Camping on Public Property 0 r r Q Packet Pg. 115 8.D.a considerations for an officer to evaluate in deciding whether to issue a a� citation to a person for violating KCC 8.09.030 or KCC 8.09.040: c L 1. The extent of damage or potential damage to public property; a 2. Whether there is evidence of other criminal conduct at or a immediately surrounding the unlawful camp; c 0) 3. The extent to which property surrounding the unlawful camp .Q has been impacted by criminal conduct; M 4. The proximity of the unlawful camp to improved parks and U U recreation facilities, critical areas, schools, shopping areas, or businesses Y o� 0 5. Whether officers have had previous contact with the person CO L 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 c under circumstances in which the person was offered shelter but rejected shelter or failed to make substantial efforts to enter shelter; and c 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. U U Y Sec. 8.09.050. Unlawful use of fires. It shall be unlawful for anyCO o person to build any fire or maintain open flames for any purpose on public U property except in designated areas in parks when parks are open. r L Q 0 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: 0 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; 0 LO v 10 Amend KCC 8.09 - a Re: Camping on Public Property r r Q Packet Pg. 116 8.D.a 3. Destroy or alter vegetation through cutting, clearing, grading, a� or harvesting; c L 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 0) matter of any kind; provided it shall not be unlawful to do so at a public park .Q in areas intended for digging as a form of recreation; 6. Drain or increase the water level of a body of water, river, U creek, or stream, or divert or impede water flow of any river, creek, or Y 0 stream; or 00 L 7. Disturb wildlife dens, burrows, or nests. �. U Sec. 8.09.070. Unlawful camp — Removal. Upon a determination by the city that a camp has been established on public property in violation E of this chapter, camp facilities, and all other pei=senalproperty, contraband, a a� and pollutants shall be removed subject to the following provisions: c L A. Immediate removal of unlawful camp. Unlawful camping on public o �o property with sensitive or incompatible uses, including environmentally sensitive areas and on public property that has been improved and U developed for a particular purpose, causes significant damage to the purpose Y o� and functionality of these areas. For these reasons, lif an unlawful camp is o M on public property described in , in this subsection (AZ the L) city may immediately remove any pei=senakproperty, camp facilities, and all Q 0 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- 0 they arrive during the removal of the property. The following are designated as public property with sensitive or incompatible uses: E 0 U r O LO 11 Amend KCC 8.09 - m Re: Camping on Public Property E U 0 r r a Packet Pg. 117 8.D.a 1. Portions of parks that are developed, improved, or maintained for a� a specified purpose, such as but not limited to recreational structures, picnic c L a. 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. .Q 2. Critical areas and water supply properties that are owned by the city for the purposes of producing, pumping, storing, treating, and � U protecting domestic drinking water sources. Y 0 3. City-owned buildings, parking lots, and appurtenances used to 00 L 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 a� Centennial Center; Kent Police Station and police substations; Kent c Municipal Court, Kent Corrections Facility, and its Program Annex Building; Kent East Hills Operations Center; Kent Municipal Building at Centerpoint; c 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 r Center. U 4. Streets and sidewalks. Y 5. Properties owned by the city that are not open to the public and o 00 which are posted with signs prohibiting trespass. L) a� B. Removal of unlawful camp following posted notice. For all ether o L 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 a� containing: .Q a. The requirement to remove the camp facilities for M pers other property within the designated time period. o LO 12 Amend KCC 8.09 - m Re: Camping on Public Property M U r r a Packet Pg. 118 8.D.a b. Information on the process individuals camping or a� storing personal property within the camp area may use to petition for a c L 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. .Q 2. If the camp facilities or other property, M contraband, pollutants, and waste remain at the end of the notice period set U forth in subsection (13)(1) of this section, it may be removed by the city; Y o� 0 provided, the owner shall be provided an opportunity to immediately remove CO L 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. E 1. In the event the city removes the camp facilities and persena4or a a� other property in accordance with this section, the city will attempt to c determine the owner of any property of obvious value (e.g., iterns need-ed TO 0 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 U Y as to how they may claim the property. CO o 2. The city will not store property that it has reasonable grounds U to believe is stolen or illegal to own or possess, nor shall the city be required r L to store property that is hazardous to health or safety, perishable, or of no 0 L IL apparent value. 0 Z Sec. 8.09.080. Penalties. a c 0 0 A. Except as otherwise provided, a violation of any of the provisions of Q this chapter is a misdemeanor. 0 LO v 13 Amend KCC 8.09 - a Re: Camping on Public Property E r r Q Packet Pg. 119 8.D.a B. Fines shall not be imposed as a penalty for a violation of any of the a� provisions of this chapter. c L- a. V 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- 0 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 U agrees to comply with, and the court orders the defendant to comply with, U Y the treatment plan recommended by the medical professional or certified o 00 agency as a condition of the deferred sentence; and (3) the defendant °' 0. 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. c a� D. The city will also not object to a future request by an individual to E a vacate a record of conviction for any conviction related to an offense prosecuted under this chapter. L O SECTION 2. - Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such U decision shall not affect the validity of the remaining portion of this ordinance Y o� and the same shall remain in full force and effect. o M U SECTION 3. - Corrections by City Clerk or Code Reviser. Upon a as 0 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- 0 references to other local, state, or federal laws, codes, rules, or regulations. .Q E 0 U r O LO 14 Amend KCC 8.09 - m Re: Camping on Public Property E U 0 r r a Packet Pg. 120 8.D.a SECTION 4. - Effective Date. This ordinance shall take effect and be a� in force thirty days from the time of final passage, as provided by law. 0 V November 19, 2024 a DANA RALPH, MAYOR Date Approved c a� c .Q ATTEST: U U November 19, 2024 Y KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted 0 00 L November 22, 2024 Q Date Published U c APPROVED AS TO FORM: E Q a� c TAMMY WHITE, CITY ATTORNEY E L O r U U Y 0 co t U r L Q 0 L a 2 a c 0 a� c .Q E U 0 LO v 15 Amend KCC 8.09 - a Re: Camping on Public Property r r Q Packet Pg. 121 8.E KENT DATE: November 19, 2024 TO: Kent City Council 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. 122 8.E 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) 11/05/24 Committee of the Whole MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 11/19/2024 7:00 PM MOVER: Satwinder Kaur, Council President SECONDER: Bill Boyce, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner Packet Pg. 123 8.E.a i It N O N O M L M E Q ORDINANCE NO. 4502Cn CU 4 N O 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. a� N r _ d RECITALS E U) Z 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 U) periodically consolidated into a supplemental budget adjustment ordinance 0 amending the original adopted budget. M r NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, N 0 WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: M c� L ORDINANCE O r _ a� SECTION 1. - Budget Adjustments. The 2023-2024 biennial budget E N is amended to include budget fund adjustments for the third quarter of 2024 .21 a from July 1 to September 30, 2024, as summarized and set forth in Exhibit aD a� A, which is attached and incorporated into this ordinance. Except as m amended by this ordinance, all terms and provisions of the 2023-2024 a� E 1 2023-2024 Budget Adjustment Third Quarter 2024 r a Packet Pg. 124 8.E.a biennial budget Ordinance No. 4451, as amended by Ordinance Nos. 4465, 1 It N 4472, 4475, 4479, 4481, 4492 and 4497, shall remain unchanged. N 0 M L SECTION 2. - Severability. If any one or more section, subsection, � 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 cn and the same shall remain in full force and effect. N O 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 aD correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. r a� E SECTION 4. - Effective Date. This ordinance shall take effect and be 0 in force five days after publication, as provided by law. Q In November 19, 2024 = r DANA RALPH, MAYOR Date Approved 0 ATTEST: o U M November 19, 2024 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted N O November 22, 2024 M Date Published L 0 APPROVED AS TO FORM: E N 7 Q r d TAMMY WHITE, CITY ATTORNEY m r c a� E 2 2023-2024 Budget Adjustment Third Quarter 2024 r a Packet Pg. 125 8.E.a I N Exhibit A CD N City of Kent M Budget Adjustment Ordinance a� Adjustments July 1, 2024 to September 30, 2024 E (D r Previously Approval Total Q- 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 - r Total 28,979,3D0 - 28,979,3D0 3 C N d 3 a� N r C d E N 3 a zs m 0 c 0 U ch co N O N M CY Z3 L 0 E 0 7 "6 Q r d C1 7 m r C N E 3 2023-2024 Budget Adjustment Third Quarter 2024 Q Packet Pg. 126 8.E.a I Budget Adjustment Detail for Budget Changes N July 1, 2024 to September 30, 2024 O N Approval Previously Not Previously Total O Date or Approved by Approved by Adjustment M L 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 V) 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 N 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 d 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 C 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 ++ d Z7J Grand Total All Funds 28,979,300 - 28,979,300 � 7 m i� C O to C O C) M to T- 14 Iq N O N M Cy L 0 2 C N E fn 7 Q i� 7 m C d E 4 2023-2024 Budget Adjustment Third Quarter 2024 Q Packet Pg. 127 8.F • KENT *A S M IN G T O N DATE: November 19, 2024 TO: Kent City Council 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. 128 8.F 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) 11/05/24 Committee of the Whole MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 11/19/2024 7:00 PM MOVER: Satwinder Kaur, Council President SECONDER: Bill Boyce, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner Packet Pg. 129 8.F.a am Q. Z a� 0 ,L^ V ORDINANCE NO. 4503 L 3 V R 3 C R 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 c a� E RECITALS a as c A. Currently, the City's business and occupation tax provides a c E 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 r equally to small local retailers as it does to large nationwide chain retailers, LO regardless of the overall gross receipts they may earn from doing business o 00 N within the City of Kent. Through this ordinance, and effective January 1, M U 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 a� B. Beginning January 1, 2026, and on the first day of each a� L calendar year thereafter, both the $20 Million retailing maximum cap and U a� 1 Amend KCC 3.28.050 - r Re: Rate Increase E a Packet Pg. 130 8.F.a m 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 L 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 c to implement these changes. x NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, 0 m WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 0 LO 0 00 N ORDINANCE M U U Y SECTION 1. - Amendment - KCC 3.28.050. Section 3.28.050 of the = a Kent City Code, entitled "Imposition of the tax", is hereby amended as follows: a as c Sec. 3.28.050. Imposition of the tax. Except as provided in L subsections (C) and D of this section, there is hereby levied upon and shall N 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 0 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 U 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 L subsection (A) of this section. The amount for the square footage tax shall a� be determined by application of rates against the square footage of the L U business space within the city as described in subsection (B) of this section. a� 2 Amend KCC 3.28.050 - r Re: Rate Increase E a Packet Pg. 131 8.F.a m 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 0 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 0 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 Ca the tax is the value of the products, including byproducts, so extracted, 0° i regardless of the place of sale or the fact that deliveries may be made to 0 points outside the city. N M 2. Upon every person engaging within the city in business as a Y 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 a� 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 L 0.00125 effective January 1, 2025. The measure of the tax is the value of N 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 0 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 U 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, 0 commodities, or merchandise sold, multiplied by the rate of 0.00152 through C L December 31, 2019, and multiplied by the rate of 0.002 effective January 0 a� 1, 2020. L U c as 3 Amend KCC 3.28.050 - r Re: Rate Increase E a Packet Pg. 132 8.F.a m 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 L 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 - c (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 m processing for hire; as to such persons, the amount of tax on such business 0 LO shall be equal to the gross income of the business multiplied by the rate of o 00 N 0.00046 through December 31, 2021, and multiplied by the rate of 0.001 M U 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 c multiplied by the rate of 0.002 effective January 1, 2022. 0 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 M the rate of 0.00152 through December 31, 2021, and multiplied by the rate U Y of 0.002 effective January 1, 2022. This subsection includes, among others, a� and without limiting the scope hereof (whether or not title to material used c in the performance of such business passes to another by accession, merger, 0 or other than by outright sale), persons engaged in the business of y developing or producing custom software or of customizing canned software, U S producing royalties or commissions, and persons engaged in the business of 4 Amend KCC 3.28.050 - r Re: Rate Increase E a Packet Pg. 133 8.F.a m rendering any type of service which does not constitute a sale at retail, a sale at wholesale, or a retail service. as o: B. Square footage tax. Upon every person who leases, owns, occupies, N 0 or otherwise maintains an office, warehouse, outdoor warehouse, or other c� place of business within the city for purposes of engaging in business 0 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 Ca the city during the reporting period, calculated to the nearest square foot. 0° i 1. The amount of the tax due shall be equal to the sum of the o Go number of square feet of business warehouse floor space and outdoor N M warehouse space for each business warehouse or outdoor warehouse leased, L) Y 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 a� owned, occupied, or otherwise maintained within the city multiplied by the rate for each calendar year listed below. L O N Business Warehouse Lo 0 Floor Space/ Other Business N Effective Date Outdoor Floor Space V U Warehouse Y Space c0i c 0 1/1/2019 0.06 quarterly 0.02 quarterly rate C a rate 0.08 annual rate 0 a� 0.24 annual m L V rate m c� 5 Amend KCC 3.28.050 - r Re: Rate Increase E a Packet Pg. 134 8.F.a m Business N Q. Warehouse Z a� Floor Space/ Other Business Effective Date uNi Outdoor Floor Space Warehouse c L Space 1/1/2020 0.09 quarterly 0.02 quarterly rate 3 c c� rate 0.08 annual rate x 0.36 annual M O rate Ca m i 1/1/2025 0.12 quarterly 0.02 quarterly rate LO 0 rate 0.08 annual rate 00 N M 0.48 annual cU U rate Y a� c 1/1/2028 0.15 quarterly 0.03 quarterly rate rate 0.12 annual rate Q 0.60 annual c rate =a L O 2. For purposes of this section, business warehouse means a CM r building or structure, or any part thereof, in which goods, wares, 0 merchandise, or commodities are received or stored, whether or not for o 00 compensation, in furtherance of engaging in business. The storage units of N M self-storage businesses are not business warehouses. L) Y 3. For purposes of this section, outdoor warehouse means an area that is outdoors and is primarily used for the transloading of goods, wares, c 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 E route to final destinations of sale or other transaction. Transloading 6 Amend KCC 3.28.050 - r Re: Rate Increase E Q Packet Pg. 135 8.F.a m 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 L 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 c 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 m used by columns and projections necessary to the building. Square footage 0 LO shall not include stairs, elevator shafts, flues, pipe shafts, vertical ducts, o Go N heating or ventilation shafts, janitor closets, and electrical or utility closets. M U 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 a� furtherance of engaging in business. Such areas will typically include those c 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 M sales or rentals to consumers, landscaped areas, stormwater facilities, U Y maneuvering areas and drive aisles, areas used only for garbage or recycling a� pickup, rights-of-way, or other areas clearly not used for the temporary Ca c storage of goods, wares, merchandise, and commodities in transit. Outdoor a 0 areas used for storage of agricultural products or for ancillary storage of y materials utilized in, or products resulting from, onsite manufacturing U c operations are not considered outdoor warehouses. 7 Amend KCC 3.28.050 - r Re: Rate Increase E a Packet Pg. 136 8.F.a m 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 c 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 m operates the self-storage business. Space rented for the storage of goods in 0 LO a warehouse or outdoor warehouse where no walls or other barriers separate o Go N the goods, and where the exclusive right of possession in the space is not M U 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. a a� C. Gross receipts and square footage threshold. 1. Gross receipts threshold. The gross receipts tax imposed in L subsection (A) of this section shall not apply to any person engaging in any N one or more business activities which are otherwise taxable pursuant to this section, whose value of products, including byproducts, gross proceeds of o 0 sales, and gross income of the business, as the case may be, from all 00 N activities conducted within the city during any calendar year does not exceed U U 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 L (B) of this section shall not apply to any person unless that person's total 0 a� area of business warehouse space and other business floor space within the L U city exceeds one of the following thresholds: a� 8 Amend KCC 3.28.050 - r Re: Rate Increase E a Packet Pg. 137 8.F.a m a. Four thousand taxable square feet of business warehouse space; or b. Twelve thousand taxable square feet of other business floor space. o ,L^ V 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 0 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 LO 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 U 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 a a� D. Gross receipts maximum - Retailing .,yes. Effeeti c The gross receipts tax imposed on retailing in subsection (A) of this o section shall not apply to Fetailing aetivities emeeeding $29,900,000N the following: o 1. For calendar years 2022 through 2024, retailing exceeding N M $20,000,000 in any calendar year which is otherwise taxable pursuant to L) Y this section. a� 2. For calendar year 2025, retailing that exceeds $20,000,000, c but is less than $100,000,000 in any calendar year which is otherwise 0 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 S for in subsection (A) of this section shall apply to all gross receipts. 9 Amend KCC 3.28.050 - r Re: Rate Increase E a Packet Pg. 138 8.F.a m r 3. Beginning with the calendar year 2026, and each calendar year r 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 L 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 c Cu a E. Rules. The director may adopt rules and regulations regarding the manner, means, and method of calculating any tax imposed 06 m under this section. 0 LO 0 cw N SECTION 2. - Severability. If any one or more section, subsection, M U 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 E Q a� SECTION 3. - Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are L authorized to make necessary corrections to this ordinance, including the N correction of clerical errors; ordinance, section, or subsection numbering; or T" references to other local, state, or federal laws, codes, rules, or regulations. o R 00 N SECTION 4. - Effective Date. This ordinance shall take effect and be M U in force thirty days from the time of final passage, as provided by law. Y a� c c November 19, 2024 0 DANA RALPH, MAYOR Date Approved y a� L V Q� NN� I.b 10 Amend KCC 3.28.050 - Re. Rate Increase 0 E t r a Packet Pg. 139 8.F.a m r ATTEST: r Q. November 19, 2024 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted N 0 L November 22, 2024 a� Date Published L CU APPROVED AS TO FORM: CU x O TAMMY WHITE, CITY ATTORNEY m i 0 tn 0 cw N M U U Y c c m E Q m v c R c :a O N O O LO O co N M U U Y m v c c E L O 0 L V Q� NN� I.b 11 Amend KCC 3.28.050 - Re; Rate Increase E t r a Packet Pg. 140 8.G • KENT *A S M IN G T O N DATE: November 19, 2024 TO: Kent City Council 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) 11/05/24 Committee of the Whole MOTION PASSES Packet Pg. 141 8.G RESULT: MOTION PASSES [UNANIMOUS]Next: 11/19/2024 7:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Bill Boyce, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner Packet Pg. 142 8.G.a RESOLUTION NO. 2083 a 0 Q c A RESOLUTION of the City Council of the City of Kent, Washington, affirming the City's exemption from the permit refund penalties under N 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 0 RECITALS as as A. The State of Washington enacted Second Substitute Senate Bill E 5290 (2SSB 5290) during the 2023 legislative session to address affordable a housing by encouraging efficiency in local land use permit review c 0 timeframes. 0 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 LO new positions added to assist with the permitting process, the City has zt r- worked to minimize delays and the resulting impacts on housing 0 0 affordability. 0 a� 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. 143 8.G.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)); 0 2. Optional pre-application meetings as described in Kent City Code section 12.01.080 (RCW 36.70B.160(1)(g)); N And ; 0 c 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)). E L E. The purpose of this resolution is to memorialize and inform the a E 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 N x w NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, LO WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: c 0 :r RESOLUTION ' 0 N N SECTION 1. - Recitals Incorporated. The above Recitals are as incorporated into this Resolution and constitute findings of the Kent City E Council. a 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. 144 8.G.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 0 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 a� SECTION 4. - Ratification. Any act consistent with the authority and a� prior to the effective date of this resolution is hereby ratified and affirmed. c a� a SECTIONS. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. a� a� w E L November 5, 2024 a DANA RALPH, MAYOR Date Approved o L 4- O ATTEST: a E 0 x w November 5, 2024 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted c 0 r APPROVED AS TO FORM: c a� E TAMMY WHITE, CITY ATTORNEY r Q 3 SSB 5290 - Implementation Resolution Packet Pg. 145 8.G.b CERTIFICATION OF ENROLLMENT SECOND SUBSTITUTE SENATE BILL 5290 0. 0 Chapter 338, Laws of 2023 Q c 0 68th Legislature ' 2023 Regular Session i PROJECT PERMITS—LOCAL PROJECT REVIEW—VARIOUS PROVISIONS m c d a EFFECTIVE DATE: July 23, 2023—Except for section 7, which takes effect January 1, 2025 . m as Um E L d a E 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 E 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 Ln 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) d Approved May 8, 2023 1:17 PM FILED .r May 10, 2023 0 c 0 d 0) c Secretary of State JAY INSLEE State of Washington t c� Governor of the State of Washington m .r Q Packet Pg. 146 8.G.b SECOND SUBSTITUTE SENATE BILL 5290 AS AMENDED BY THE HOUSE Passed Legislature - 2023 Regular Session a 0 State of Washington 68th Legislature 2023 Regular Session Q c By Senate Ways & Means (originally sponsored by Senators Mullet, Kuderer, Fortunato, Liias, Nobles, Saldana, and C. Wilson; by request ' 0 of Office of the Governor) y READ FIRST TIME 02/24/23 . d M c d a c 0 as m as UM E L 0 1 AN ACT Relating to consolidating local permit review processes; a E 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 am 5 an effective date. x w ti Ln 6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 0 w N 7 Sec. 1 . RCW 36 . 70B. 140 and 1995 c 347 s 418 are each amended to `" 8 read as follows : d 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 c 14 administrative or quasi-judicial, that the local government by a00i 15 ordinance or resolution has determined present special circumstances c 16 that warrant a review process or time periods for approval which are E 17 different from that provided in RCW 36. 70B. 060 through 36. 70B. 090 and 5 M 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. 147 8.G.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 0 6 alterations from site plan review, provided that the interior 'a Q 7 alterations do not result in the following: c 0 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 . a c 14 (4) Nothing in this section exempts interior alterations from ,F d 15 otherwise applicable building, plumbing, mechanical, or electrical m aD 16 codes . LL 17 (5) For purposes of this section, "interior alterations" include E m 18 construction activities that do not modify the existing site layout a E 19 or its current use and involve no exterior work adding to the 20 building footprint . o a E am 21 NEW SECTION. Sec. 2 . A new section is added to chapter 36. 70B w 22 RCW to read as follows : LO 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 = 'm 26 grants to any local government that provides, by ordinance, .- 0 27 resolution, or other action, a commitment to the following building Cn 28 permit review consolidation requirements : 0 29 (a) Issuing final decisions on residential permit applications 30 within 45 business days or 90 calendar days . Cn 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 c 34 the application for conformity with the requirements of RCW 35 36. 70B. 070 by all departments, divisions, and sections of the local 0 M 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. 148 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 0 6 (b) Establishing an application fee structure that would allow a 7 the jurisdiction to continue providing consolidated permit review 0 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 c 14 (2) A jurisdiction that is awarded a grant under this section ,F d 15 must provide a quarterly report to the department of commerce. The m aD 16 report must include the average and maximum time for permit review LL 17 during the jurisdiction' s participation in the grant program. E (D 18 (3) If a jurisdiction is unable to successfully meet the terms a E 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 a) 22 the jurisdiction is no longer eligible to receive grants under this w 23 section. LO 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 LO 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 0 c m 28 NEW SECTION. Sec. 3 . A new section is added to chapter 36. 70B 0 29 RCW to read as follows : v, 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 c 34 digital permit applications, virtual inspections, electronic review, E 35 and with capacity for video storage. M 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. 149 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 0 6 permitting software for local governments to encourage streamlined a 7 and efficient permit review. 0 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 c 14 (c) Building officials . ' d 15 (3) The department of commerce must convene the first meeting of m d 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 (D 18 legislature by August 1, 2024 . The final report must : a E 19 (a) Evaluate the existing need for digital permitting systems, 20 including impacts on existing digital permitting systems that are o a 21 already in place; E a) 22 (b) Review barriers preventing local jurisdictions from accessing w 23 or adopting digital permitting systems; LO 24 (c) Evaluate the benefits and costs associated with a statewide : 25 permitting software system; and N LO 26 (d) Provide budgetary, administrative policy, and legislative 'm 27 recommendations to increase the adoption of or establish a statewide a, 0 28 system of digital permit review. m d 0 29 Sec. 5 . RCW 36. 70B. 020 and 1995 c 347 s 402 are each amended to v, 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 c 34 record to a local government body or officer, including the 35 legislative body, following an open record hearing on a project 5- M 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. 150 8.G.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 0 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 0 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 g p j g 'a c 14 ( (bald' , ) ) subdivisions, binding site plans, planned unit CD 15 developments, conditional uses, shoreline substantial development m CD 16 permits, site plan review, permits or approvals required by critical a 17 area ordinances, site-specific rezones ( (autheLnized by a E m IL 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 a) 22 (5) "Public meeting" means an informal meeting, hearing, w 23 workshop, or other public gathering of people to obtain comments from LO 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 LO 26 not limited to, a design review or architectural control board = m 27 meeting, a special review district or community council meeting, or a .- 0 28 scoping meeting on a draft environmental impact statement. A public Cn 29 meeting does not include an open record hearing. The proceedings at a 0 30 public meeting may be recorded and a report or recommendation may be v, 31 included in the local government ' s project permit application file. c 32 Sec. 6 . RCW 36. 70B. 070 and 1995 c 347 s 408 are each amended to 33 read as follows : c 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 M 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. 151 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 Cn 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. 152 8.G.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. E 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 LO 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 a0ci 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. 153 8.G.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; cn 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. 154 8.G.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 LO 24 or willingness to provide the additional information. 7T- 25 Annual amendments to the comprehensive plan are not subject N LO 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. 155 8.G.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. LO 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 ,ee 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. 156 8.G.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. ! c 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 a0ci 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. 157 8.G.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 ( ( Cn 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-eetie n. The elepartment, in eeepeEatieni le 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. 158 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 LO 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; Cn 29 (q) Adopting development regulations which make preapplication 30 meetings optional rather than a requirement of permit application 31 submittal; Cn 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. 159 8.G.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 as 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. 160 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. 161 8.G.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; ; c 35 (c) Notifying public or private groups with known interest in a E 36 certain proposal or in the type of proposal being considered; 0 M 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. 162 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 0 6 permits that are categorically exempt under chapter 43 . 21C RCW, a 7 unless an open record predecision hearing is required or an open 0 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 P Y � g Y � a 14 a decision or a recommendation on a project permit until the ,F CD 15 expiration of the public comment period on the notice of application. m CD 16 (b) If an open record predecision hearing is required, the local LL 17 government shall issue its threshold determination at least fifteen E 0 18 days prior to the open record predecision hearing. a E 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 m 22 an administrative appeal ( ( l) ) must be filed within fourteen days w 23 after notice that the determination has been made and is appealable. LO 24 Except as otherwise expressly provided in this section, the appeal 25 hearing on a threshold determination ( (fl�i fieanee shal- ) ) N LO 26 must be consolidated with any open record hearing on the project = 27 permit . m 0 28 (7) At the request of the applicant, a local government may Cn 29 combine any hearing on a project permit with any hearing that may be 0 30 held by another local, state, regional, federal, or other agency, if: 31 (a) The hearing is held within the geographic boundary of the Cn 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 a 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, M 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. 163 8.G.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 0 6 (a) The agency is not expressly prohibited by statute from doing a 7 so; 0 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 'a c 14 (9) A local government is not required to provide for 15 administrative appeals . If provided, an administrative appeal of the m aD 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 (D 18 days after the notice of the decision or after other notice that the a E 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 a) 22 comment on a determination of nonsignificance issued as part of the w 23 appealable project permit decision. LO 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 LO 26 record appeal . 27 (11) Each local government planning under RCW 36. 70A. 040 shall m 0 28 adopt procedures for administrative interpretation of its development 29 regulations . 0 30 NEW SECTION. Sec. 11 . The department of commerce shall develop Cn 31 a template for counties and cities subject to the requirements in RCW 32 36. 70B. 080, which will be utilized for reporting data. Cn c 33 NEW SECTION. Sec. 12 . The department of commerce shall develop 34 a plan to provide local governments with appropriately trained staff 0 M 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. 164 8.G.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 O Q 6 NEW SECTION. Sec. 13 . Section 7 of this act takes effect 0 7 January 1, 2025 . 0 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 . c d --- END --- c a� a� a� LL r E L E O L 4 O r Q E 0) X W ti LO r O 6� N LO m N r R C N N r 7 r N 7 N C O v N U) C N E t v cC Q p. 19 2 S S packet Pg. 165 8.H • KENT *A S M IN G T O N DATE: November 19, 2024 TO: Kent City Council 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. 166 8.H 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) 11/05/24 Committee of the Whole MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 11/19/2024 7:00 PM MOVER: Bill Boyce, Councilmember SECONDER: John Boyd, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner Packet Pg. 167 8.H.a c 0 E E 0 U r 4- M WEMS .2 Cn R L INTERAGENCY AGREEMENT CU BETWEEN THE Washington Traffic Safety Commission 0 AND c2 0 •L 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 L Commission, hereinafter referred to as "WTSC," and Kent Police Department, hereinafter referred to as "SUB-RECIPIENT." _ 0 U 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: c� 1. PURPOSE OF THE AGREEMENT: LO N 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. a 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. a� E 0 r r Q a e 1 of 25 Packet Pg. 168 8.H.a c 0 .y 2 3. STATEMENT OF WORK E The SUB-RECIPIENT shall carry out the provisions of the traffic safety project described here as the W 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. L 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 0 King County, Kent, and Auburn approached the region 7/8 Target Zero Managers to address this � L 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. Cn V 3.1.2 Project Purpose and Strategies L W 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. Y 3.2 PROJECT GOALS M U2 0 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 a� 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. U 3.2.1 The objectives, measures and timelines listed in Appendix A will be reviewed at least annually by I L 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. a page 2 of 25 Packet Pg. 169 8.H.a c 0 .N N E E 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. c 0 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 M 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. 0 0. a 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. L 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 N N M 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 LO 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. 0 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 0 a page 3 of 25 Packet Pg. 170 8.H.a c 0 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. L 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: 0 a a • Laptops and Notebook Computers cn • Tablets and Smart phones 0 •L L 0 Small and attractive assets also include the following if they have a unit cost of $1000 or more: 4- • 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 c 0 U c Y 3.4 PROJECT COSTS N M The costs for the work under the SOW to be provided by the SUB-RECIPIENT are as follows: LO N O Year 1: $125,000.00 r c E a a L Q APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS: a� a� 4. ACTIVITY REPORTS a� 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 a� E 0 r r Q a e4of25 Packet Pg. 171 8.H.a c 0 other alternate means pre-approved by WTSC. The SUB-RECIPIENT will include copies of publications, E E 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. L 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. cc 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. LO 9. ATTORNEYS' FEES o N 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 a L 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 r within 30 days of receipt of such properly documented invoices acceptable to WTSC. Upon expiration of 0 r r Q a e5of25 Packet Pg. 172 8.H.a c 0 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. 0 11. CONFIDENTIALITY / SAFEGUARDING OF INFORMATION The SUB-RECIPIENT shall not use or disclose any information concerning the WTSC, or information N CU 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. g P p a 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 CU of this section by the SUB-RECIPIENT, to annul this Agreement without liability. N CU 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 N O N 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 aD L 01 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. L d 15. GOVERNANCE E r 15.1. This Agreement is entered into pursuant to and under the authority granted by the laws of the state r Q a e6of25 Packet Pg. 173 8.H.a c 0 .N N of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to E conform to those laws. d 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 �o 16. INCOME r S 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 L 0 17. INDEMNIFICATION E 0 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 N 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 L 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. c d E 0 0 a page 7 of 25 Packet Pg. 174 8.H.a c 0 .N An 17.3. The indemnification and hold harmless provision shall survive termination of this Agreement. E 0 t� 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. 0 19. INSURANCE COVERAGE c 19.1. The SUB-RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial Insurance, if y 0 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 L RECIPIENT and WTSC from risks associated with executing the SOW associated with this Agreement. -°a L L 0 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 c 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 as L 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 L 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 ; c are not erroneously disclosed to third parties. a page 8 of 25 Packet Pg. 175 8.H.a c 0 .N N E E 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. _ 0. a 23. RIGHTS IN DATA Cn L. 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. ; 0 0 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� LO N 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. IM 0 L 24. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way d E 0 a page 9 of 25 Packet Pg. 176 8.H.a c 0 .N An 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 2 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. T 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 L L 0 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 :� 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 LO 29. TERMINATION FOR CONVENIENCE o N 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 0 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 U c 30. TREATMENT OF ASSETS 30.1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property c 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 a page 10 of 25 Packet Pg. 177 8.H.a c 0 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 4- performance of this Agreement, or (iii) reimbursement of the cost thereof by the WTSC in whole or in par Cn whichever first occurs. L 30.2. Any property of the WTSC furnished to the SUB-RECIPIENT shall, unless otherwise provided c 0 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 0 a a 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 •L L 0 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. CU 30.6. All reference to the SUB-RECIPIENT under this clause shall also include SUB-RECIPIENT's CU employees, agents, or sub-contractors. r c 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. LO N O 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 a� Q 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 r subcontractor, is cooperating with the investigating state agency. In the event Contractor, or E 0 r r Q a e 11 of 25 Packet Pg. 178 8.H.a c 0 subcontractor, is determined to have engaged in discrimination identified at RCW 49.60.530(3), WTSC E E 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 4- reasonable time in which to cure this noncompliance, including implementing conditions consistent with cn any court-ordered injunctive relief or settlement agreement. L 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 0 under this provision. a 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. M APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 CFR co PART 1300 APPENDIX A): r c 33. BUY AMERICA ACT 0 U 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 Lo 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 a L 34. DEBARMENT AND SUSPENSION a Instructions for Lower Tier Certification a� a� 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. r Q a e 12 of 25 Packet Pg. 179 8.H.a _ 0 .N An E E 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 _ 0 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. a 0 CO 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. 0 W 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. Y 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 cc 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. a page 13 of 25 Packet Pg. 180 8.H.a c 0 E E 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 a� c Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower TierCU N Covered Transactions r 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. 0 U 35. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) 4- 35.1. The SUB-RECIPIENT shall: CU N 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 U M 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. LO N O 35.1.3. Make it a requirement that each employee engaged in the performance of the grant be given a r c copy of the statement required by paragraph 35.1.1. of this section. aD aD L 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 r a� E r Q a e 14 of 25 Packet Pg. 181 8.H.a c 0 35.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 35.1 .4. of E E 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 4- 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. L 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. CU 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 U 37. FEDERAL LOBBYING CU 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 a 37.1.2. If any funds other than federal appropriated funds have been paid or will be paid to any person fo LO 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 aD Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. a 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. c r 37.2. This certification is a material representation of fact upon which reliance was placed when this 0 r r Q a e15of25 Packet Pg. 182 8.H.a c 0 transaction was made or entered into. Submission of this certification is a prerequisite for making or E E 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 4- $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 0 a� c 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) M 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 cD 38.1.2. Not to participate directly or indirectly in the discrimination prohibited by any federal nonLO - discrimination law or regulation, as set forth in Appendix B of 49 CFR Part 21 and herein. N r c 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. a� L 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 r r Q a e 16 of 25 Packet Pg. 183 8.H.a c 0 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. M Cn 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 CU assistance from DOT, including NHTSX. 3: r 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 a a 39. POLITICAL ACTIVITY (HATCH ACT) cn L 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. 4- CU 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. 0 U 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 LO 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 aD L 42. CERTIFICATION ON CONFLICT OF INTEREST a General Requirements L 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 r Q a e 17 of 25 Packet Pg. 184 8.H.a c 0 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 CU 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 L 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 CU 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. Y 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 r c 43.3.3 Conflicts of interest that require disclosure include all past, present or currently planned E ID 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 a� E r Q a e 18 of 25 Packet Pg. 185 8.H.a c 0 are responsible for making a decision or taking an action under an award where the decision or action E E can have an economic or other impact on the interests of a regulated or affected organization. a� 43. DESIGNATED CONTACTS Cn The following named individuals will serve as designated contacts for each of the parties for all communications, notices, and reimbursements regarding this Agreement: 0 c 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. 0 a a L 44. AUTHORITY TO SIGN L L 0 The undersigned acknowledge that they are authorized to execute this Agreement and bind their a� respective agencies or entities to the obligations set forth herein. IN WITNESS WHEREOF, the parties have executed this Agreement. c 0 Kent Police Department U Y N N M U2 Signature LO N O N C Printed Name E as a� L Q Title c a� L d Date a� E Q a e 19 of 25 Packet Pg. 186 8.H.a c 0 E E 0 U WASHINGTON TRAFFIC SAFETY COMMISSION L 0 Signature Printed Name 0 Title 3 L 0 �L L Date ° U a� U) LL r r 0 U c Y N N M T LL Lo N O N C N E N N L Q V d L d d E V Q a e 20 of 25 Packet Pg. 187 8.H.a c 0 E E APPENDIX A ° U m Project Costs L Year 1 ~ 0 c 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 L Travel $0.00 0% $0.00 $0.00 ° L L 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 �a L Goods and $0.00 0% $0.00 $0.00 r Services 0 Equipment $0.00 0% $0.00 $0.00 v c TOTAL $125,000.00 $0.00 $125,000.00 N N M U2 LL 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 E Q page 21 of25 Packet Pg. 188 8.H.a c 0 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. Cn Important Notes: L 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. 0 a 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 L L �0♦ V Objectives and Measures U) LL r 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 N N M LO Objective Objective Details Completion Di LO N O 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 a� regions. Q c 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 E r r Q page 22 of 25 Packet Pg. 189 8.H.a c 0 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 U 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 L 0 Distribute educational materials to community � L partners, law enforcement, EMS, local 0 U 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- N O N Measure Reporting Type Targi E Frequency a) CD L 0 The number of educational materials created. Annual Process 10 Q U c The number of the Teen Target Zero and Safest Ride programs Annual Process 12 conducted. as c The number of meetings convened. Annual Process 12 as E 0 r r Q page 23 of 25 Packet Pg. 190 8.H.a c 0 E The number of educational materials distributed to community Annual Process 100( o organizations and partners. L) as A percent reduction of drivers speeding, injuries and deaths Annual Outcome 5 along the corridor. 2 L 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 L The number of organizations/partners who distribute educational Annual Process 10 materials through their networks. `o U The number of languages educational materials are transcreated Annual Process 2 into. f° �a LL r 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. N Objective Objective Details Completion Dz C� 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 °' E campaigns monthly. Develop media and marketing campaigns to support the Q enforcement events. a� L Measure Reporting Type Targi c Frequency r c as E r r Q page 24 of 25 Packet Pg. 191 8.H.a c 0 Number of speed enforcement campaigns and speeding E infractions deployed along the corridor. Annual Outcome 12 0 U 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( c 0 c 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 a Convene local jurisdictional partners from o Renton, Unincorporated King County, Kent, � L and Auburn to identify and implement 09/30/2025 Lo engineering solutions to reduce speeding, U, injuries and deaths along this corridor. �a U) Identify and purchase signage to support engineering goals. 09/30/2025 r c 0 0 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. E a� Number of traffic control signs installed along the corridor. Annual Process 10 a c as a� L d d E V R Q page 25 of 25 Packet Pg. 192