Published June 29 2023
Plus, council gives local authority to prosecute new state crimes, learns about implications of new drug laws, appoints commission and board members, and commends Utilities director
Taking another step to facilitate more affordable housing in Bellevue, the City Council on Monday amended the city land use code to allow certain properties owned by religious organizations to be rezoned for affordable, multifamily housing.
Part of implementation of the city’s Affordable Housing Strategy, the code amendment and a related rezone make it possible for affordable multifamily housing to be built on 36 sites in single-family zones around the city. These sites are located near public transit with frequent service and multifamily residential or commercial use districts.
The council voted unanimously for the code amendment and rezone. Details are available in the council materials.
Local authority to prosecute new crimes
The council also voted unanimously to amend the Bellevue criminal code to give the City Attorney’s Office the authority to prosecute new misdemeanor crimes created by the state Legislature, including a new drug possession and use law passed in May and other crimes related to weapons possession.
Crimes committed in Bellevue must violate the city’s criminal code to be prosecuted by the City's prosecutors, so any new misdemeanor or gross misdemeanor crimes added at the state level must be adopted by city code. Recent legislative sessions, including a special session in May to amend state drug laws as a result of the Washington State Supreme Court ruling in State v. Blake, have added new crimes. The city must adopt these new state crimes in city code in order to prosecute them locally.
Details about the code amendments to provide the City Attorney’s Office the local authority to prosecute new state crimes is available in the council memo for the criminal code amendment.
Implications of new drug laws
The council received a briefing on the implications of the new state drug law that makes it a gross misdemeanor to knowingly possess illegal drugs or use them in public places. Drug possession had been a felony in the past and was reduced to a misdemeanor following the Blake case.
The law encourages police and prosecutors to refer people using or possessing controlled substances to treatment programs. Bellevue police officers and prosecutors will continue to offer treatment referrals for people in certain circumstances where a variety of factors are considered. Officers will make arrests if other crimes or intent to distribute controlled substances are also evident.
“We believe in a balanced approach to addressing people experiencing addiction and and want to help encourage them to connect with the treatment services they need,” explained Police Chief Wendell Shirley. “We also want to send a clear message that if you use or possess illegal drugs in Bellevue while committing a crime, we will hold you accountable for all those crimes.”
Councilmembers cited the opioid crisis, which has claimed Bellevue youth, as a driver in the need for a focus on treatment and continued local education and prosecution where appropriate.
The full presentation is available on replay through Bellevue Television.
Tree canopy code amendments
The council also received an update on the first phase of work to amend Bellevue’s codes to better support citywide tree canopy goals.
It has been 40 years since the city first added tree retention requirements to the land use code. While the city has updated those requirements periodically, Development Services staff is now performing a comprehensive review of code provisions related to trees.
Councilmembers provided comments and asked questions in advance of phase two of the code amendment process, during which staff will continue public engagement and include feedback from phase one as they develop code recommendations. Updates and information on opportunities to engage are on the Tree Canopy Code Amendments page.
Board and commission appointments
The council appointed three people to the Environmental Services Commission – Gabby Lacson, Kurt Lutterman and Michael Margolis – and one, Michelle Valverde, to the Parks & Community Services Board. All were appointed to serve full terms expiring in 2027.
Commendation for Utilities director, proclamation for parks
The council issued a commendation for Nav Otal, who is retiring after 12 years at the helm of the Utilities Department and 30 years at the city overall. Otal was credited with “exceptional dedication and service to meeting the current and future needs of the Bellevue community.”
In a proclamation, the council designated July Parks and Recreation Month in Bellevue. The proclamation noted that “Bellevue’s parks and natural recreation areas are fundamental to our community’s environmental well-being by improving air and water quality, protecting groundwater, preventing flooding and providing habitat for wildlife.”
