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City Council Services, Safety & Parks Committee Auto captions

Tuesday, September 20, 2022

6:30 PM · Council Chambers, 135 E. Sunset Way, Issaquah WA
3. APPROVAL OF MINUTES
3a
Minutes of July 19, 2022
packet pp.5–6
Staff report:
APPROVAL OF MINUTES a) 07-19-22 City Council Services, Safety & Parks Page (0000) Committee Minutes CITY OF ISSAQUAH City Council Services, Safety & Parks Committee 6:30 PM Council Chambers, 135 E. July 19, 2022 MINUTES Sunset Way, Issaquah WA
4. AGENDA ITEMS
4a
Vehicle Trespass Ordinance ID 1235
60 min · Rachel Bender-Turpin, City Attorney · packet pp.7–26
Topics: Land Use
Staff report:
The Administration recommends adoption of the proposed ordinance as a measure to combat the growing tide of property crime in the region.
0:00 I am ready when
0:02 the team is ready
0:08 welcome welcome everyone I council
0:11 member tolemartz call the Tuesday
0:14 September 20th 2022 city council
0:17 services safety and Parks committee
0:19 meeting to order
0:21 there are multiple public comment
0:22 opportunities at tonight's meeting
0:24 there's a general public comment
0:26 opportunity at the beginning of the
0:27 meeting or you can make comments after
0:29 the presentation and Council question
0:31 and answer period on tonight's single
0:34 agenda item
0:35 members of the public May address
0:37 council at this time in person or
0:39 virtually those who are signed up in
0:41 advance to make comments will be called
0:42 on first if you are joining us virtually
0:45 and would like to make comments please
0:46 raise your virtual hand that means if
0:48 you're on the phone press star 3 or if
0:51 you have joined by computer or
0:52 smartphone look for a hand icon this
0:55 varies by device one option may be
0:58 to go to the participant panel and
1:00 choose the raise hand icon in the lower
1:02 right hand corner
1:04 uh there's not anybody in the room so I
1:07 know we don't have any sign ups there uh
1:10 I uh I will ask for other speakers
1:12 before closing this portion of the
1:14 meeting I will wait for a moment to see
1:15 if anyone raises their hand either
1:17 electronically or well it would be
1:20 electronically
1:21 um clerk has anyone signed up to speak
1:22 or indicated a desire to speak this
1:24 evening
1:25 chair Martz no one has signed up to
1:28 speak previously and we have no virtual
1:30 attendees at the moment
1:32 well there we go thank you so much as a
1:34 reminder written comments can be
1:36 submitted at any time to city council at
1:39 issaquah.gov
1:44 so with that we will move on to as I
1:49 mentioned we have one item for
1:50 consideration this evening that is ID
1:53 one two three five vehicle trespass
1:56 ordinance and we're going to get a
1:57 presentation from Rachel Bender Turpin
2:00 our City attorney
2:16 hi everybody sorry I'm just trying to
2:18 figure out I want to make sure I was
2:20 unmuted but looks like you have me
2:21 unmuted and can you see the presentation
2:24 of my shirt I have to share my screen
2:25 here hold on a second
2:28 hey I want to share this one we
2:32 certainly hear you just fine
2:34 perfect
2:38 this is this is it okay I'm sure right
2:41 okay hello good evening thanks for
2:44 having me here um I'm Rachel Bender
2:46 Turpin I'm your City attorney and I'm
2:48 here to discuss this legislation which
2:50 is uh legislation establishing new
2:54 sections of the municipal code relating
2:57 to vehicle trespass and uh vehicle uh
3:02 trespass tools
3:06 the purpose of this presentation is to
3:08 provide you a brief overview of the
3:11 proposed ordinance and then to obtain
3:13 Council Direction on moving forward with
3:16 the legislation or committee or
3:19 committee recommendation back to the
3:20 full Council right recommendation thank
3:23 you
3:24 the direct specific Ally the darker
3:27 direction that we're looking for is
3:29 feedback on whether to proceed with
3:32 bringing forward uh proposed ordinance
3:35 amending chapter 9.40 of the Issaquah
3:39 Municipal Code which is
3:41 um the crimes pertaining to property to
3:45 add a new section criminalizing vehicle
3:48 trespass which we'll discuss in Greater
3:51 detail momentarily and adopting by
3:54 reference and an RCW which is a state
3:57 statute that criminalizes the making or
4:00 possessing of Motor Vehicle tools
4:05 all right
4:07 a little background for you uh there's
4:10 been a Statewide increase in crime over
4:13 the past year including vehicle prowls
4:16 and thefts according to a report from
4:19 the Washington Association of sheriffs
4:22 and police Chiefs there was a Statewide
4:26 increase in motor vehicle thefts of 27.3
4:30 percent and a hundred percent increase
4:32 in depth of motor vehicle parts over the
4:35 past or in um 2021
4:38 so that's a pretty significant increase
4:40 and so we are looking at additional
4:43 tools to help our police department and
4:45 prosecutor deal with those uh motor
4:48 vehicle theft is a felony which means
4:50 that it's typically uh well that means
4:52 that it can only be charged as a felony
4:54 by the King County prosecutor's office
4:56 here in Issaquah
4:59 um but it unfortunately due to caseload
5:03 demands it's not always charged there so
5:06 we're looking for ways that our police
5:09 department and our city prosecutor can
5:12 still deal with these important cases in
5:15 those instances when King County is not
5:18 able to proceed with a case whether it
5:20 be for Pace loads or maybe perhaps it
5:23 doesn't meet quite meet their
5:25 evidentiary standards
5:28 okay the the
5:30 proposed ordinance
5:32 uh would amend this chapter of the uh
5:37 the city's criminal code which is Title
5:39 IX to add a new section of code that
5:43 criminalizes what's called vehicle
5:45 trespass and then to add another section
5:48 of state law that we adopt by reference
5:52 will
5:54 this is the language for the vehicle
5:57 trespass code that would be added to uh
6:00 chapter 9.40 it would criminalize a
6:04 person being found or um knowingly
6:08 entering a vehicle and remaining
6:10 unlawfully in it
6:12 when they had not essentially not been
6:15 invited to be in that vehicle so if they
6:18 were in a vehicle without permission of
6:21 the vehicle's owner to be in that
6:24 vehicle and
6:26 um essentially broke into the vehicle or
6:29 were found in it under circumstances
6:32 that's for whatever reason didn't quite
6:35 reach the threshold of effect of a motor
6:39 vehicle that would be pursued as a
6:41 felony in King County we would be able
6:43 to cite them and punish them for a
6:47 misdemeanor in Issaquah Municipal Code
6:49 or Court under this code provision
6:55 and then this is making or possessing
6:58 motor vehicle theft tools which is a
7:00 state statute that is um one of the
7:04 state statutes that the City of Issaquah
7:06 hasn't yet adopted by reference and this
7:10 statute
7:11 uh prohibits and criminalizes the
7:15 possession or making of various tools
7:20 that are commonly
7:23 used for breaking into vehicles or uh
7:29 uh used to essentially hot wire vehicles
7:33 uh to to steal Vehicles so things like
7:37 Slim Jims
7:39 um is a very common example of it uh
7:43 the Jiggler tees are kind of fake keys
7:47 that are
7:48 um used to to start vehicles that don't
7:50 belong to you this
7:53 um and obviously there's a whole whole
7:56 list here of other of other tools that
7:58 would qualify as these types of tools
8:02 the in order to be found
8:05 um as having committed a violation of
8:08 this section it would have to be you
8:11 would have to be found to have
8:13 evidenced an intent to use these tools
8:17 to in the commission of a crime such as
8:20 theft of a motor vehicle or you know
8:22 breaking into a motor vehicle so it's
8:25 it's not intended or would it be able to
8:27 be used to
8:29 penalize locksmiths or anyone like that
8:32 who is
8:33 who has a lawful purpose to have those
8:37 tools with them this is this is for uh
8:40 people who
8:42 clearly have these tools
8:45 under circumstances that evidence and
8:49 intent to use them to break into a or
8:54 steal a vehicle
8:57 okay um I I have a I have a question so
9:02 um so so there's two parts of this right
9:04 the first is this vehicle trespass part
9:06 the second being the tools part what
9:09 does it mean well actually first things
9:11 first the vehicle trespass part what is
9:14 the regional pedigree of this of this
9:16 ordinance my understanding is other
9:19 municipalities have adopted it and how
9:21 how has that how has how has that worked
9:25 in our understanding
9:27 I well I took this I can't believe that
9:31 this language came from
9:37 I'm gonna say I looked at several I
9:39 think this one is from Auburn but it
9:41 might have been from Kent
9:43 well like you said many many
9:45 jurisdictions have
9:47 ones that are pretty similar to this
9:51 I was aware of the Auburn because I
9:53 believe Auburn was the first city in
9:55 King County to have uh this sort of an
9:57 ordinance so how has it worked how's it
10:00 worked for cities that have adopted it
10:03 well it allows them to to proceed when
10:06 King County won't
10:08 won't take action I mean I think that's
10:10 the the biggest yeah no I I wasn't I'm
10:13 sorry I wasn't I wasn't clear in my
10:14 question
10:15 um I mean what's been the public safety
10:17 impact and has there been any legal uh
10:20 issues associated with adopting this
10:24 any legal issues
10:27 are going to have any statistics on
10:29 whether or not there's been you know a
10:31 drop in property crimes there
10:35 okay now then on the second part
10:39 um I'm not as familiar uh with this one
10:42 about vehicle theft tools and what does
10:44 it mean to adopt the RCW what is the
10:47 Practical impact of of doing that
10:52 there are um there have actually been
10:54 cases uh in in court court cases about
10:58 this but
11:00 the state statutes essentially authorize
11:05 the state courts and the state
11:09 prosecutors to
11:12 enforce those laws they're enacted by
11:16 the state legislature and unless they
11:18 specifically
11:21 delegate
11:22 enforcement responsibility to local
11:25 jurisdictions
11:26 the the
11:28 jurisdiction uh to enforce those is is
11:33 is state courts
11:35 and so there have been cases that have
11:39 found that when municipalities have
11:43 attempted to enforce those State
11:46 statutes
11:47 that they were it was invalid unless the
11:51 municipality had specifically adopted
11:54 those State statutes by reference which
11:58 means within their own Municipal Code
12:01 they
12:03 state that they have the intent to
12:07 adopt this particular
12:10 State Statute as though it were
12:15 set forth in their municipal code in its
12:17 entirety as though it were a City of
12:20 Issaquah
12:21 uh provision got it so that it would
12:25 that it could be enforced with uh by the
12:28 Issaquah police department and so that
12:31 jurisdiction is properly held within
12:34 Issaquah Municipal Court
12:36 all right
12:38 um have we talked to
12:42 um I've talked to the chief about the
12:45 vehicle trespass portion and I know the
12:48 ipd is is comfortable with this
12:51 potentially have we talked to the ipd
12:54 about the uh adopting the RCW on vehicle
12:58 theft tools do we know that the ipd is
13:00 supportive of this potential action
13:03 yes the ipd is supportive of both pieces
13:07 of the legislation as is the
13:09 prosecutor's office uh Lynn Moberly the
13:12 is a prosecutor was going to be here
13:14 this evening but unfortunately uh at a
13:18 last minute
13:19 um medical issue and couldn't attend but
13:22 yes she's reviewed it all and is
13:24 supportive and
13:26 um thought that it looked good
13:29 thank you Barb do you have any questions
13:31 right now before I I realize we're still
13:34 in the middle of the presentation but
13:35 since yeah but we're pretty close to the
13:37 end I think so
13:39 um I had sent I sent Rachel a couple of
13:41 questions ahead of time and I told her
13:43 not to respond
13:45 um because I wanted to ask them in
13:47 public so that the community knows the
13:50 answers
13:51 so my first question what what
13:54 distinguishes motor vehicle theft tools
13:57 from other tools and would such tools be
14:00 ready readily identifiable by officers
14:02 and I think he's sort of answered this
14:05 Rachel but the reason I asked that
14:07 question is
14:09 I'm wondering if an officer could spot
14:11 these as just motor vehicle theft tools
14:14 or if there has to be an Associated
14:16 crime to so identify the tools I think
14:20 you did answer that but do you want to
14:23 explain it again
14:25 absolutely well the the RCW is helpful
14:29 because it does give a pretty good
14:32 um list of what examples of Motor
14:36 Vehicle theft tools would include
14:40 it does say you know included but not
14:42 limited to so if folks get real creative
14:45 we um
14:47 we can
14:49 we can still bring charges against
14:51 people if they come up with another tool
14:53 or they're using creatively using a an
14:56 existing tool for these purposes but
14:59 it's essentially a tool that
15:03 shown by the facts and circumstances of
15:06 its use
15:07 is clearly be intended to be at to be
15:11 used in the commission of a motor
15:15 vehicle related theft so either to break
15:18 into a vehicle or to steal a vehicle
15:21 so a person just driving around with
15:24 tools in their trunk or something
15:27 um who's maybe stock for a traffic stop
15:29 is not going to be
15:31 would not be subject to this if there's
15:34 no related vehicle break-in crime
15:37 associated with that person
15:40 no they would not they would not because
15:42 they wouldn't there would be no
15:43 circumstances evidencing a crime okay
15:47 um and then my other question was
15:49 um I'm assuming that a person using a
15:51 vehicle with the permission of the owner
15:54 is not entering unlawfully no matter how
15:57 long they remain in the vehicle and the
15:59 reason I asked that question is because
16:01 we do have a number of people in our
16:04 community experiencing homelessness some
16:07 of them it could happen that they could
16:10 be living in a car that doesn't belong
16:12 to them but with the permission of the
16:14 owner and so I'm wondering uh first of
16:17 all
16:18 I think it's pretty clear that that
16:21 wouldn't initially at least affect them
16:24 but what kind of documentation would you
16:26 have to have for a police officer to
16:29 know that you had the permission of the
16:31 owner
16:32 I think that you would well I think in
16:35 order to to prosecute this you would
16:38 have to have a statement from the owner
16:40 saying that you didn't have that they
16:42 didn't have permission I think is the
16:44 most important thing here because you
16:46 wouldn't be able to proceed with this
16:48 unless we could established that they
16:51 didn't have permission
16:53 so there there would no be no assumption
16:57 that they didn't have permission but I
16:58 think if they had you know even a note
17:00 that would be enough and then of course
17:02 the police might need to follow up on
17:04 that but they're not
17:06 duress someone
17:08 from what you know if they haven't they
17:11 have some sort of you know documentation
17:13 from an owner from a registered owner
17:16 I just always worry about how people
17:19 inter interpret laws
17:22 um but in your mind it's clear that that
17:25 would not apply to someone who has
17:27 permission even if they're homeless and
17:29 living in a car
17:32 no yeah correct yes because they yeah as
17:35 long as they've been
17:37 it's it's it's someone's only not
17:41 invited if they are not licensed or
17:44 invited or otherwise privileged so if
17:47 someone's given them permission then the
17:50 elements of this crime are not met and
17:53 you can't that couldn't be established
17:54 in court you wouldn't even have probable
17:57 cause okay thank you
18:00 those are my two questions
18:02 I want to expound on that last one so
18:04 I'm driving down the street in a car and
18:07 the ipd pulls me over and they say
18:11 license and registration and I give them
18:13 my license and I pull the registration
18:16 on the glove box and the car is
18:17 registered to Bob Smith
18:19 and uh they say you're not Bob Smith and
18:22 I say no but I have Bob Smith's
18:24 permission
18:25 to use this car what happens then
18:34 I think at that point they would
18:40 they would then contact Bob Smith I mean
18:43 in general normally normally when what
18:47 to to pursue they assume that you have
18:50 permission to
18:51 people drive people other people's cars
18:54 all the time when you typically when you
18:56 get cited for stealing a car
19:00 there's it's because there's a there's a
19:03 there's a I can blinking on the word but
19:06 there's a
19:10 it's reported stolen
19:11 it's the report it's stolen yeah they
19:14 put out a
19:15 bulletin or I think or something I think
19:17 it's what it's called yeah but it's been
19:18 reported as stolen okay so it's not just
19:21 going to be I get pulled over for
19:23 speeding or busted tail light or
19:26 whatever and because my license doesn't
19:28 match the registration uh they're going
19:31 to automatically assume that I've stolen
19:33 the car or
19:35 are they gonna in those situations are
19:37 they going to have to double check is it
19:40 sufficient that they double check that
19:41 the car has not been reported stolen or
19:43 will they actually yeah that's usually
19:44 what they do is they they just check to
19:46 make sure the car hasn't been reported
19:48 stole unless there's really some sort of
19:50 there have to be really suspicious
19:52 circumstances I mean if if the car
19:55 hasn't been reported stolen but there is
19:58 a slim jim on the passenger or the
20:01 steering column is broken yeah exactly
20:05 if there's if it seems you know if it
20:07 seems otherwise really suspicious then
20:09 yeah then they might do a little bit
20:11 more um investigation but
20:15 um without that report of being stolen
20:18 there's the I don't once again I don't
20:21 think they have
20:22 I don't think that alone establishes
20:24 probable cause okay all right
20:27 thank you
20:28 so I will let you continue with the
20:31 remainder of your presentation
20:33 okay
20:35 oh I'm here
20:37 so the options before the council this
20:39 evening are to adopt or to well the
20:43 options moving forward would be to adopt
20:45 the proposed ordinance which would
20:48 result in a couple more tools to combat
20:50 crime
20:51 not to adopt the proposed ordinance
20:54 which would result in no additional
20:57 tools which we would just continue to
20:59 rely on the tools that we already have
21:01 which we we do have tools or we could
21:04 adopt an amended version of the proposed
21:06 ordinance for instance adopting one of
21:08 these two tools but not the other so
21:14 um the committee really has the uh
21:16 choice to make a recommendation
21:19 to the full Council on either of those
21:22 any of those three options but the
21:24 administration recommends forwarding the
21:27 proposed ordinance as written to the
21:29 full Council for adoption at the regular
21:31 meeting on October 3rd
21:35 okay which is the next steps which would
21:40 be that we
21:41 um we recommend that it come back to the
21:43 city council meeting uh at
21:47 the next meeting
21:48 um we recommend that it be put on
21:49 consent for the next meeting but once
21:52 again that is up to this body to uh make
21:56 a recommendation on
21:58 here for any additional questions but if
22:01 not otherwise I'll take whatever
22:04 Direction
22:05 um you would like to provide after you
22:07 discuss thank you certainly
22:10 uh so I think I had one other question
22:16 oh yeah how did we
22:19 um find what's what was the Genesis of
22:22 this adding of the theft tools because I
22:25 I had been aware that Auburn had adopted
22:28 the vehicle trespass piece but I had not
22:32 it was somewhat of a surprise to me to
22:34 see this theft tools is has that also
22:36 been adopted
22:37 um like where did where did this come
22:39 from the second part
22:41 it's been adopted by many cities most
22:44 the cities I've worked in so it was on
22:46 my radar and the police department
22:48 specifically asked for it got it that
22:51 that answers my question
22:53 so I will ask the clerk if uh we have if
22:56 anyone has joined remotely that might
22:59 potentially offer public comment
23:02 chair Martz there is nobody attending
23:04 virtually
23:06 disappointing uh uh council member G
23:10 Michelle if you don't have any other
23:11 questions then we can move to uh
23:14 discussion and deliberation on our
23:16 recommendation back to the full Council
23:17 thank you
23:19 um I will uh be supporting this and
23:22 support sending it forward to the full
23:25 Council
23:27 Chief Swann and I were in a a public
23:30 forum about a week and a half ago and we
23:33 heard stories from members of that group
23:38 of audience members about car thefts and
23:42 the rise in crime and the concern about
23:45 crime increasing in neighborhoods that
23:48 have not ever experienced it before or
23:51 haven't experienced it at the level
23:53 that's occurring now and so
23:56 I think that we should be giving our
23:59 police officers as many tools as they
24:02 can have to obviously control the
24:05 situation
24:06 as far as putting on the consent agenda
24:10 I'm a little bit torn because
24:14 this is a question that is high concern
24:17 to our community
24:18 it might be important for them to know
24:22 that we're doing this and sometimes
24:24 things on the consent agenda are not
24:26 noticed
24:27 and so I'm just wondering if it might be
24:31 worth a brief discussion at the council
24:35 I I can't imagine that the council will
24:37 not
24:38 support it but of course that's up to
24:39 them but just for public information I'm
24:43 wondering if we want to put it on the
24:44 regular agenda but I did hear the
24:48 recommendation from our lawyers so
24:51 I'll listen to what councilmember Martz
24:54 has to say about that was there a
24:56 recommendation to put this on consent
24:58 agenda I'm not that's just what you just
25:00 said yeah oh I'm not seeing it in the
25:01 written materials no
25:03 and usually I
25:05 am fine with whatever with that I just
25:08 it seems like a it seems like you know
25:11 it seems like it would not be
25:12 controversial which is why I um I agree
25:16 it's just that however I do see the um I
25:20 see the
25:21 the
25:22 the wisdom in discussing it publicly
25:27 yeah we're receiving a number of emails
25:29 kind of on a regular basis from uh
25:31 people in different parts of our
25:33 community and then again having been at
25:36 that Forum uh that public discussion
25:38 about a week and a half ago
25:40 um it's really a deep level of concern
25:43 in our community and that's I agree with
25:46 you that it's kind of a slam dunk but
25:50 um I just wonder if it isn't worth
25:52 calling out so that our community knows
25:55 we're taking action on their behalf
25:58 I couldn't agree more I would like to
26:01 have a giant Banner in the sky that says
26:03 we've just adopted uh you know assuming
26:06 the full Council were to adopt it yeah
26:07 uh this measure and I know that uh there
26:12 is a movement afoot uh led by South King
26:14 County cities right to have a while
26:17 still maintaining a compassionate and uh
26:21 you know uh uh reform based uh legal
26:26 system to put more teeth into addressing
26:30 property crime and these uh the crimes
26:32 that are occurring in higher frequency
26:34 in King County so
26:36 um I think as many you know I hope every
26:38 city that does this
26:41 um and so I'm totally with you I think
26:42 it should be regular business I think it
26:44 could be a very short I don't even think
26:45 staff needs to make a presentation I
26:47 think I would be comfortable presenting
26:50 this as the as the committee chair yeah
26:52 and uh and having you be on regular
26:54 business and and
26:56 um uh maybe having our attorney I mean
26:58 you're there for our Council meetings
27:00 anyhow right or you're there so you know
27:03 you could just be available for
27:05 questions but I'd be I'd be fine
27:06 Fielding it just myself
27:08 on a regular business but
27:10 um so I think what you're hearing is a
27:11 two to O recommendation to bring this
27:13 back to the full Council on regular
27:15 business October 3rd yep
27:17 and like I said I'll be happy to make
27:19 the a short presentation on it yeah well
27:22 I'm happy to do this one as well it
27:24 doesn't it doesn't matter to me
27:28 yeah I just I don't think we need the
27:29 full uh you know the presentation you
27:32 gave us here today I don't think we need
27:34 to go through that at full Council I
27:36 think I can just uh report it out
27:41 I think yeah yeah have fun with that
27:45 all right
27:47 um well uh that concludes our one piece
27:50 of business this evening uh so uh
27:54 according to the agenda we're done so uh
27:58 we uh uh this meet this meeting is
28:01 adjourned at 6 58 pm
28:05 and thank you everyone watching at home