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HomeMy WebLinkAboutESJ 2026-05-07 Agenda PacketTukwila Equity and Social Justice Commission City of Tukwila — City Hall 6200 Southcenter Boulevard, Tukwila, WA 98188 NOTICE IS HEREBY GIVEN that the Equity and Social Justice Commission meeting will be held on May 7, 2026, at 5:30PM. Join the meeting video on your computer or mobile app: Click here to join the meeting Participate in the meeting by phone: 253-292-9750, Phone Conference ID: 125 348 618# For in -person, please join us at 5:30Pm Tukwila City Hall, 6200 Southcenter Blvd, Tukwila, WA 98188 For assistance during the meeting, please call Jo Anderson, Equity and Social Justice Staff Liaison, at 206-658-7849 ET N E T u s ay, ay 7, 2 2 5: P Call to Order 11 Introduction (2 minutes) 111 Approval of Agenda (2 minutes) IV Approval of Minutes, April 2, 2026 (2 minutes) V Written Public Comments VI Business Items • An Ice Breaker COMMISSION ACTION ITEM: Commissioners will get to know one another. • Finalize Process for Supporting Community -Led Initiatives COMMISSION ACTION ITEM: Commissioners to discuss a process to fairly distribute resources in 2026. • Revisit Tukwila Municipal Code Amendments Regarding Encampments on Public Property Tukwila Equity and Social Justice Commission City of Tukwila — City Hall 6200 Southcenter Boulevard, Tukwila, WA 98188 COMMISSION ACTION ITEM: Commissioners will develop questions for a facilitated meeting between internal and external partners. • 2026 Work Plan COMMISSION ACTION ITEM: Commissioners to discuss. Relationship building in the community: • Supporting community -led programming and cultural celebrations. • Pride, Juneteenth, and World Refugee Day support. Awareness, Forums, Trainings: • Know Your Rights • Racial Covenants Equity Policy and Accountability: • Reintroducing the ESJ Commission to the Council and develop a working relationship consistent with the stated purpose in the Commission's bylaws. VII Miscellaneous VIII Adjournment Tukwila Equity and Social Justice Commission City of Tukwila — City Hall 6200 Southcenter Boulevard, Tukwila, WA 98188 TTENDEES: Jo Anderson Maryan Abdow Aaron Draganov Joe Duffle Kathy Hougardy EETI TES Thusay, ri 2, 2 2 5: PM Kristen Schwabe -Frye Eric Lund, Guest Kris Kelly, Guest CaII to Order II Introduction (2 minutes) III Approval of Agenda (2 minutes) Commissioners voted unanimously to reorder business items — tabling the Ice Breakers to discuss the proposed Encampment Ordinance Amendments. IV Approval of Minutes, March 5, 2026 (2 minutes) V Business Items • Proposed Tukwila Municipal Code Amendments Regarding Encampments on Public Property Deputy Chief of Police, Eric Lund, presented; Parks Deputy Director Kris Kelly joined a few minutes later for Q&A. Lund described the underlying issue being addressed is liability for the City; amendment provides TPD legal authority to make it a misdemeanor. Commissioner discussion and questions included the following: o Must it be classified a misdemeanor? And if so, more about the Courts' policies/procedures for handling fines/jail time for such cases. o Is it possible to codify TPD's procedures for providing support services in the ordinance? Currently TPD procedure is to go to the site with a co -responder, provide a warning that individuals must leave within 7 days. When are TPD policies/procedures updated and how are these changes flagged? o Commissioners requested that the ordinance read 'punishable with up to $1,000 fine/90 days in jail' if an individual refuses to leave/must be removed after a 7- Tukwila Equity and Social Justice Commission City of Tukwila — City Hall 6200 Southcenter Boulevard, Tukwila, WA 98188 day warning expires. TPDs protocol is to offer support services, but most decline or shelter is not available/criteria not met. o Removing people and cleaning encampments is costly; what can be done to invest in prevention? Dedicated staff, shelters, etc. o What are other human -centered approaches to protect everyone involved, including the environment. o A roundtable discussion with service providers and those most impacted to be scheduled; Commissioners suggest the City's human services staff and potentially a rep from Neighborhood House, KCHA and Plymouth Housing. o We will discuss again at our May 7 meeting. Ordinance Timeframe will likely be as follows: 6/22 Community Safety & Services > 7/13 COW > 7/20 Regular for adoption. There will also likely be a public hearing. • Review Supporting Community -Led Programming and Cultural Celebrations Commissioners reviewed a draft Cultural Programs & Recognition — Interest Application. General feedback was positive with a request to translate. The application and process will be finalized at the May meeting. • 2026 Work Plan Tabled. VI Miscellaneous • The State of the City is April 29, doors open at 5pm at Foster High School; the Voices of Tukwila Choir is still seeking volunteers to participate. • The Tukwila Historical Society is holding the next Stories of Arrival featuring former Tukwila Councilmember Mohamed Abdi on April 15, 7pm. Seeking ideas for upcoming speakers. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO CAMPING ON CITY PROPERTY, ADOPTING A NEW CHAPTER 8.41 OF THE TUKWILA MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Article XI, Section 11 of the Washington Constitution and RCW 35A.11.020 authorize the City of Tukwila ("City") to regulate public property, including City parks, rights of way, and public utility property; and WHEREAS, camping on public property is a public health, safety, and risk concern due to interference with other intended uses, such as daily government operations, public events, recreational activities, utility service, and pedestrian, bicycle, and vehicular traffic; and WHEREAS, camping without adequate sanitation services, such as sewer, water, and garbage removal, presents a public health hazard due to the increased risk of disease and virus transmission; and WHEREAS, many public properties are developed for specific uses and should be available to the public for the property's intended purpose, including City operations, recreation, transportation, utility service, public service events, environmental protection, and other public uses; and WHEREAS, in City of Grants Pass v. Johnson, 603 U.S. 520 (2024), the United States Supreme Court held that generally applicable laws regulating or prohibiting camping on public property do not constitute cruel and unusual punishment under the Eighth Amendment to the United States Constitution, and that cities may enforce such laws to manage the use of public spaces; and WHEREAS, the Tukwila City Council is committed to a service first philosophy that ensures members of our homeless community are treated with dignity and respect, and that city staff implement administrative practices where housing, mental health, drug addiction, employment, and other types of services are offered prior to punitive enforcement action; and WHEREAS, under prior Ninth Circuit precedent, including but not limited to Martin v. City of Boise, 920 F.3d 584 (9th Cir. 2018), enforcement of municipal regulations restricting camping or sleeping on public property was understood to be constitutionally limited where no practically available shelter space existed, and although such a requirement is no longer mandated as a matter of federal constitutional law, the City elects as a matter of local policy to condition enforcement of its public camping regulations on 2026 Legislation: Adopt ch. 8.41 TMC Version: Staff: Page 1 of 5 the availability of adequate shelter space, consistent with that prior Ninth Circuit framework and in alignment with the policy objectives reflected in Substitute House Bill 2489, a proposed measure of the Washington State Legislature. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Adoption of New Chapter 8.41 of the Tukwila Municipal Code. TMC Chapter 8.41 is hereby adopted to read as follows: Sections 8.41.010 8.41.020 8.41.030 8.41.040 Chapter 8.41 CAMPING Unlawful Camping Definitions Rules Penalties and Enforcement Section 2. TMC Section 8.41.010, "Unlawful Camping," is hereby adopted to read as follows: 8.41.010. Unlawful Camping A. Camping Prohibited. It is unlawful for any person to camp, occupy camp facilities, or use camp paraphernalia on city property, except as set forth in subsection C of this section. B. Storage of Camping Facilities and Paraphernalia Prohibited. It is unlawful for any person' to store camp facilities and camp' paraphernalia on city property, except as otherwise provided by ordinance. C. Exceptions. The prohibitions contained in subsections A and B of this section shall not apply if: 1. The person is experiencing homelessness and there is no available overnight shelter for persons experiencing homelessness on the date that the prohibited activity occurs; or 2. The person is camping or using camp paraphernalia or camp facilities as permitted under this subsection: a. The director of parks and recreation or designee(s) may approve a permit for camping on city park property if the director finds, based upon a permit application and information otherwise obtained, that: Adequate sanitary facilities are provided and accessible at or 2026 Legislation: Adopt ch. 8.41 TMC Version: Staff: Page 2 of 5 near the camp site; ii. Adequate trash receptacles and trash collection will be provided; iii. The camping activity will not unreasonably disturb or interfere with the peace, comfort and repose of park users or adjacent or nearby private property owners; iv. The camping activity is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct, or to create a disturbance; v. Any tent or shelter being used will provide an unobstructed view through such tent or shelter from at least two sides; and vi. Allowing the camping is in the public interest. b. The director of parks and recreation is authorized to promulgate rules and regulations regarding the implementation and enforcement of this section. c. Seven days is the maxi camping on city property period of time a permit may authorize Section 3. TMC Section 8.41.020, "Definitions," is hereby adopted to read as follows: 8.41.020. Definitions A. "Available overnight shelter" means a public or private shelter, with an available overnight space, open to an individual or family unit experiencing homelessness at no charge. If an individual or family unit cannot use available space because of the individual or family member's sex, familial or marital status, religious beliefs, disability, or a shelter's length -of -stay restrictions, the space is not considered to be available. The space is also not considered to be available if an individual has attempted to secure a bed at the shelter by lining up in advance of the shelter opening for the day and has denied entry due to lack of available space. The space is considered available if the individual could not use the space due to voluntary actions such as intoxication, drug use or unruly behavior. B. "City property" as used in this section means all improved and unimproved real property owned or leased by the City of Tukwila, and all City of Tukwila easements, including but not limited to all portions of city parks, as defined in chapter 12.08 TMC, city buildings, rights -of -way, city parking lots, and city environmentally sensitive areas. City property shall not include religious organization property subject to RCW 35A.21.360. C. "Camp" or "camping" means to pitch, create, use, or occupy camp facilities 2026 Legislation: Adopt ch. 8.41 TMC Version: Staff: Page 3 of 5 for the purposes of habitation, living accommodation, or dwelling, as evidenced by the storage of personal belongings in "camp facilities" or the use of "camp paraphernalia." D. "Camp facilities" include, but are not limited to, tents, tarps configured for shelter, huts, and temporary shelters. "Camp facilities" does not include shelters when used temporarily in a park for recreation or play during hours when the park is open to the public. E "Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks, or non -city -designated cooking facilities and similar equipment. F. "Director of Parks and Recreation" means the Director or their designee(s). G. "Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location. Section 4. TMC Section 8.41.030, "Rules," is hereby adopted to read as follows: 8.41.030. Rules The Chief of Police is hereby authorized to adopt rules, regulations, administrative policies, and procedures for implementing sections 8.41.010 and 8.41.020. Section 5. TMC Section 8.41.040, "Penalties and Enforcement," is hereby adopted to read as follows: 8.41.040. Penalties and Enforcement A. A violation of this section is a misdemeanor punishable by 90 days in jail and/or a $1 000 fine. B. When any police officer has probable cause to believe that any person has violated this chapter, the officer may: 1. Issue a misdemeanor pursuant to TMC 8.41.040(A); 2. Order such person to immediately leave the property where the violation is occurring. Any person refusing to comply with such an order or returning to the property on the same calendar day as such an order is subject to prosecution for criminal trespass pursuant to chapter 9A.52 RCW and/or TMC 8.40.040; or 3. Issue the person a trespass warning excluding them from the property where the violation is occurring, as set forth in chapter 8.23 TMC. 2026 Legislation: Adopt ch. 8.41 TMC Version: Staff: Page 4 of 5 Section 6. Implementation of Ordinance. The Mayor and designee(s) are authorized to take such further actions and implement any administrative procedures necessary to implement and/or carry out the directives of this Ordinance. Section 7. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this Ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 8. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance or its application to any other person or situation. Section 9. Effective Date. This Ordinance or a summary thereof shall be published in the official newspaper of the City and shall take effect and be in full force five (5) days after passage and publication as provided by law., PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2026. ATTEST/AUTHENTICATED: Andy Youn-Barnett, City Clerk APPROVED AS TO FORM BY: Office of the City Attoi Thomas McLeod, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: 2026 Legislation: Adopt ch. 8.41 TMC Version: Staff: Page 5 of 5 City of Tukwila Cultural Programs & Recognition - Interest Application Thank you for your interest in creating opportunities for the community to honor and celebrate the diversity of our City. Tell us more about what you are hoping to achieve and what supports are needed for success. Individual/Group Name : Contact Name: Phone: Email: Mailing Address: Tell us about the cultural event you are honoring/celebrating: What support is requested: P r Promotion Proclamation n Venue/Space - Estimated Attendance: Supplies - Cost: $ n Speaker Honorarium - Fee: $ Resource Table Attendance by a City Official Other (Please Describe). This application does not indicate approval of support. Applications are subject to approval. Completing this document you agree applicant and agency shall defend, indemnify and hold harmless the City, its officials, officers, directors, employees, volunteers and agents from any and all claims, injuries, damages, tosses or suits, including all legal costs and attorney's fees, arising out of or in connection with the applicants participation of this application, except for injuries and damages caused by the City's sole negligence. Signature Print Name Date A member of the Equity & Social Justice Commission will reach out to request more information and to answer questions. The City of Tukwila reserves the right to change approval status at any time. Please Return to: Jo Anderson) Jo.And rsor 1iukv i[aVlireCov 206-658-7849 6200 Southcenter Blvd, Tukwila, WA 98188 By signing the above, I hereby waive and release any and all rights and claims that may be had or might arise against the City of Tukwila, rental agencies, agents or representatives for any and all losses suffered in connection with the programs sponsored or co -sponsored by Tukwila. The City of Tukwila is not responsible for any personal articles lost or stolen.