HomeMy WebLinkAboutReg 2011-11-07 Item 4A - Ordinance - Repeal Ord 2332 Regarding Crisis Diversion FacilitiesCOUNCIL AGENDA
SYNOPSIS
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ITEM NO.
Aleetiri� Date Prepared by I Mayor's review I Ca rczl review
10/24/11 1 BJM 1 0 C
4.A.
11/07/11 BJM
ITEM INFORMATION
�C>>SNUN:IBr.R: STArr SPONSOR: BRANDON MILES 0RIGINAL Ac-L:NDADA'1'1 10/24/11
A(;kNDA i'ri ;lm Ti An Ordinance Repealing Ordinance No. 2332 regarding Crisis Diversion Facilities.
CA')'1r,GORY .DiSCUS.4011 Motion Resolution Ordinance .BidAward Public Hearirag Otber
1 Ltd Date 10124111 A1tg Date Alt
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,g Date 11/7/11 l7tg Date 12tg Date 10124111 112tg Date
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SPONSOR'S On May, 2, 2011, the City Council declared an emergency and adopted Ordinance No. 2332
S I I IiiY in order to respond to a decision by the Central Puget Sound Growth Management Hearing
Board, which invalidated Ordinance No. 2287. Since the Council adopted Ordinance No.
2332, King County Superior Court reversed the Board's decision regarding Ordinance No.
2287. As a result of the Court's decision, Ordinance 2287 remains in effect. The Council is
being asked to conduct the public hearing and repeal Ordinance No. 2332 on 11/7/11.
RI? D BY cow Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
D,�T'E: OCTOBER 10, 2011 COMMITTEE CHAIR: S EAL
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
CM /fmI'1 '1'rr. Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
l:\I'I�;NDI "I umI RI ?c>UIRID AMOUNT BUDGETED APPROPRIATION REQUIRED
$N /A $N /A $N /A
hmd Source: N/A
Colninenb;. N/A
I MTG. DATE I RECORD OF COUNCIL ACTION
10/24/11 Forward to next Regular meeting.
MTG. DATE
10/24/11
1 11/7/11
ATTACHMENTS
Informational Memorandum dated 9/30/11
Draft Ordinance
Minutes from the Community Affairs and Parks Committee meeting of 10/10/11
Ordinance in final form.
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Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2332;
AMENDING ORDINANCE NO. 2287, AS CODIFIED IN TUKWILA
MUNICIPAL CODE CHAPTER 18.06, TO MODIFY THE DEFINITION
OF CRISIS DIVERSION FACILITIES; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on May, 17, 2010, following considerable public input and a
recommendation from the City's Planning Commission, the Tukwila City Council
adopted Ordinance No. 2287, which provided definitions of Diversion Facilities and
Diversion Interim Services Facilities and permitted such uses within portions of the
Commercial /Light Industrial zone; and
WHEREAS, Ordinance No. 2287 became effective on May 25, 2010; and
WHEREAS, on January 4, 2011, the Central Puget Sound Growth Management
Hearings Board "the Board invalidated Ordinance No. 2287 based on the Board's
belief that the ordinance did not comply with the Washington State Growth Management
Act; and
WHEREAS, the City promptly filed an appeal of the Board's decision to King
County Superior Court seeking review under the Administrative Procedures Act; and
WHEREAS, while the City's appeal of the Board's order was pending and in order
to respond to the Board's order of invalidity, the City Council adopted Ordinance No.
2332, which expanded the geographical area for Diversion and Diversion Interim
Services Facilities; and
WHEREAS, in order to meet the compliance date specified by the Board the City
was forced to declare an emergency and adopted the ordinance without the level of
public participation and outreach typically provided such issues; and
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WHEREAS, on Friday, September 16, 2011, the Honorable Judge Jay White
considered the City's appeal of the Board's decision and found that the Board engaged
in an unlawful procedure and the Board's decision was an erroneous interpretation
and /or application of law and was not supported by substantial evidence, and Judge
White reversed the Board's decision in its entirety, including its finding of invalidity, and
WHEREAS, as a result of the decision by King County Superior Court, Ordinance
No. 2287 remains a valid ordinance and Ordinance No. 2332 is not necessary to comply
with the Growth Management Act; and
WHEREAS, as part of the adoption of Ordinance No. 2332, the City Council was
briefed regarding changes to State law with respect to Diversion Facilities and the
Council used the adoption of Ordinance No. 2332 as an opportunity to amend and
update the definition of Diversion Facilities;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Repealer. Ordinance No. 2332, adopted by the City Council on May 2,
2011, is hereby repealed in its entirety.
Section 2. Definition Amended. Ordinance No. 2287 §1, as codified in Tukwila
Municipal Code Chapter 18.06, is amended to read as follows:
"Diversion facility" is a facility that provides community crisis services, which diverts
people from jails, hospitals or other treatment options due to mental illness or chemical
dependency, including those facilities that are considered "Triage facilities" under RCW
71.05.020 (43) and those facilities licensed as crisis stabilization units by the State of
Washington.
Section 3. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 4. 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 5. 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 days
after passage and publication as provided by law.
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PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 2011.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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