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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 05/21/2002 City of Kent City Council Meeting Agenda KEN T WASH IN G T O N Mayor Jim White Councilmembers Tim Clark, Council President Connie Epperly Bruce White Leona Orr Judy Woods Julie Peterson RicoYingling May 21 , 2002 Office of the City Clerk SUMMARY AGENDA ��� KENT CITY COUNCIL MEETING KE NT May 21, 2002 WASHINGTON Council Chambers 7:00 p.m. MAYOR: Jim White COUNCILMEMBERS: Tim Clark, President Connie Epperly Leona Orr Julie Peterson Judy Woods Bruce White Rico Yingling 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 1 CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC - 1, L 4. PUBLIC COMMUNICATIONS A. Drinking Driver Task Force Design Contest Winner Presentation B. Western States Seismic Policy Council's 2001 Award in Excellence for Outreach to Schools Presentation -Glen Woodbury C. Police Department Re-accreditation Certificate Presentation D. Introduction of Appointees 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes - Approval B. Bills -Approval C. Fire Safe Families Project Grant Award-Accept D. Budget Increase for Sprntgwood HUD Grant-Accept 1 E. SE 256th Flume Restoration Project Condemnation-Ordinance 3 F. 218th Street/Garrison Creek Water Main Relocation-Accept G. 272nd/277th Wetland Mitigation Improvements-Accept H. West Hill Traffic Signal Interconnect-Accept I. S. 277th/SE 274th Way Corridor Project- Accept J. Surface Water Design Manual -Ordinance 3 b 6 2" K. Central Commerce Center Phase 2 Bill of Sale-Accept L Covington Memorial Street Improvements Bill of Sale-Accept M. Criminal Conduct at Public Facilities -Ordinance 36©?, N. Additional Judicial Position at Kent Municipal Court-Ordinance 3&A O. Washington Traffic Safety Commission Grant-Accept P. Civil Service Commission Re-appointment-Confirm t 0'W.r l � (continued next page) SUMMARY AGENDA CONTINUED 7. OTHER BUSINESS �5 A. DeMarco Annexation Zoning and Comprehensive Plan Ordinance B. Technology Plan 2002 C. Judicial Appointment 8. BIDS A. Sale of Two 1986 Pierce Engine/Aid Units B. Sale of 3-1/2" Fire Hose 9. REPORTS FROM STANDING COMMITTEES AND STAFF 10. REPORTS FROM SPECIAL COMMITTEES it. CONTINUED COMMUNICATIONS 12. EXECUTIVE SESSION A. Contract Negotiations 13, ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page is on the City of Kent web site at www.ci.kent.wa.us. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-900-833-6388. CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC PUBLIC COMMUNICATIONS A) DRINKING DRIVER TASK FORCE DESIGN CONTEST WINNER PRESENTATION B) WESTERN STATES SEISMIC POLICY COUNCIL'S 2001 AWARD IN EXCELLENCE FOR OUTREACH TO SCHOOLS PRESENTATION C) POLICE DEPARTMENT RE-ACCREDITATION CERTIFICATE PRESENTATION D) INTRODUCTION OF APPOINTEES . CONSENT CALENDAR 6 Citv Council Action. Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through P. p Discussion Action 6A Approval of Minutes. Approval of the minutes of the regular Council meeting of May 7, 2002. 6B Approval of Bills. Approval of payment of the bills received through April 30 and paid on April 30 after auditing by the Operations Committee on May 7, 2002. Approval of checks issued for vouchers. . Date Check Numbers Amount 4/30/02 Wire Transfers 1162-1172 $1,082,956 56 4/30/02 Prepays & 532427 1,868,845 40 4/30/02 Regular 533088 2,475,226.93 $5,427,028.89 Approval of checks issued for payroll for April 1 through April 15 and paid on Apnl 19, 2002: Date Check Numbers Amount 4/19/02 Checks 259622-259961 $ 282,185 99 4/19/02 Advices 127460-128140 1,125,984.22 $1,408,170 21 Approval of checks issued for payroll for April 16 through April 30 and paid on May 3, 2002: Date Check Numbers Amount 5/3/02 Checks 259962-260344 $ 265,327 18 5/3/02 Advices 128141-128885 1,097,805.76 $1,363,132.94 Council Agenda Item No. 6 A-B -.000,0" • K EN T Kent , Washington W..SHIM OTOH May 7 , 2002 The regular meeting of the Kent City Council was called to order at 7 : 00 p .m by Mayor White Councilmembers present : Clark, Epperly, Orr, Peterson, White, Woods, and Yingling . Others present : Chief Administrative Officer Martin, City Attorney Brubaker, Police Chief Crawford, Public Works Director Wickstrom, Community Development Director Satterstrom, Finance Director Miller, Parks , Recreation and Community Services Director Hodgson, and Information Technology Director Mulholland. Approximately 75 people were at the meeting. (CFN-198) CHANGES TO THE AGENDA Clark added Other Business Item 7B, Meadow Hills Sanitary Sewer (CFN-198) PUBLIC COMMUNICATIONS Public Works Week. Mayor White read a proclamation noting that public works services are an integral part of citizens ' everyday lives, and that the quality and effectiveness of public works facilities are dependent upon the efforts and skill of public works officials He proclaimed the week of May 20-24 as Public Works Week in the City of Kent and encouraged citizens and organiza- tions to recognize the contributions public works officials and staff make every day to the health, safety, comfort and quality of life Public Works Director Wickstrom accepted the proclamation Martin outlined some of the amazing achievements made recently by the Public Works Department (CFN-155) Letter Carrier' s Food Drive Day. The Mayor declared May 11, 2002 , as Letter Carrier' s Food Drive Day in the City of Kent He explained that letter carriers are having a food drive and that the food would be distri- buted to the Kent Community and Springwcod Food Banks and to Storehouse 98042 . Karen Kirkmeyer-Wilson accepted the proclamation and expressed her appreciation (CFN-155) Employee of the Month. Mayor White announced that Mike Lane, Senior Systems Analyst in Information Technology, has been chosen as Employee of the Month for May He noted that Lane has shown exceptional talent and commit- ment by taking over the permitting system duties and moving the permit projects forward. Stan Waldrop, Business Systems Manager, explained that the permitting system is very challenging and that Lane truly deserves this award. (CFN-147) 1 Kent City Council Minutes May 7 , 2002 PUBLIC COMMUNICATIONS Mental Health Month. Mayor White noted that untreated or under treated mental illness costs public and private employers billions of dollars annually and that Kent has made a commitment to community-based systems of mental health care in which all residents can receive high quality and consumer responsive services . He declared the month of May 2002 as Mental Health Month in the City of Kent , and presented the proclamation to Marilyn LaCelle . LaCelle, Chief Executive Officer of Valley Cities Counseling and Consultation, expressed thanks for leading the way in support of human services (CFN-155) Introduction of Appointees . Mayor White introduced Richard Ternes and Douglas Smith, his appointees to the Golf Advisory Board. (CFN-118) CONSENT CALENDAR CLARK MOVED to adopt Consent Calendar Items A through J. Woods seconded and the motion carried CLARK MOVED to amend the previous motion to include addition and approval of Item K, appointments to the Golf Advisory Board. Woods seconded and the motion carried MINUTES (CONSENT CALENDAR - ITEM 6A) (CFN-198) Approval of Minutes . Approval of the minutes of the regular Council meeting of April 16 , 2002 STREET VACATION (CONSENT CALENDAR - ITEM 6C) (CFN-102) S. 206th Street Vacation. Adoption of Ordinance No . 3599 vacating a portion of South 206th Street . (CONSENT CALENDAR - ITEM 6D) (CFN-102) 48th Avenue South Street Vacation. Passage of Resolution No 1618 , which amends the public hearing date on the surplus SR 516 (48th Place South) street vacation petition from May 21, 2002 , to June 18 , 2002 . Resolution No. 1612 submitted for Council ' s review at the April 16, 2002 , Council meeting contained an incorrect legal description. In correcting this matter, it is necessary to reschedule the public hearing to June 18 , 2002 This Resolution corrects the error 2 Kent City Council Minutes May 7 , 2002 STREET VACATION (CONSENT CALENDAR - ITEM 6E) (CFN-102) Street Vacation, SE 266th Street. Passage of Resolution No. 1619 setting a public hearing date of June 18th for vacating a portion of SE 266th Street , as recommended by the Public Works Committee. HAZARDOUS WASTE MANAGEMENT (CONSENT CALENDAR - ITEM 6F) (CFN-738) Public Health Hazardous Waste Management Program D22059D, Amendment 7 . Authorization for the Mayor to sign Amendment 47 , Memorandum of Understanding to the Public Health Hazardous Waste Management Program, direct staff to accept a grant in the amount of $17, 350 84 and esta- blish a budget for the funds to be used within said program, as recommended by the Public Works Committee PUBLIC WORKS (CONSENT CALENDAR - ITEM 6G) (CFN-1217) 277th Corridor Fish Habitat. Accept the 277th Corridor Fish Habitat project as complete and release retainage to Scoccolo Construction upon standard releases from the state and release of any liens, as recommended by the Public Works Committee The original contract amount was $193 , 160 . 00 The final contract amount was $338 , 819 61 Adequate funds exist within the project budget to cover this overage . (CONSENT CALENDAR - ITEM 6H) (CFN-136) Donation of Surplus Equipment (Radios) . Authorization to declare the obsolete portable and mobile radios that were removed from replaced vehicles as surplus and donate them to North Seattle Community College, as recommended by the Public Works Committee (CONSENT CALENDAR - ITEM 6J) (CFN-103) 72nd Avenue South Pavement Reconstruction. Accept the 72nd Avenue South Pavement Reconstruction project as complete and release retainage to Scarsella Brothers upon standard releases from the state and release of any liens, as recommended by the Public Works Director . The original contract amount was $768 , 768 . 68 The final contract amount was $706, 157 . 95 3 Kent City Council Minutes May 7 , 2002 PUBLIC WORKS (OTHER BUSINESS - ITEM 7B) (CFN-1038) Meadow Hills Sanitary Sewer. ORR MOVED that the Mayor be authorized to award the Meadow Hills Sanitary Sewer contract to the apparent low bidder, upon concurrence of the Public Works Director. Woods seconded. Orr explained that this item had gone to the Public Works Committee yesterday and that a breakdown in the sewer line has been patched. She said allowing the Mayor to award the contract after the bids are opened tomorrow will save two weeks time if the patch doesn' t work. Her motion then carried. (BIDS - ITEM 8B) (CFN-1038) 98th Avenue South Widening. The bid opening for this proDect was held on April 18th with three bids received. The low bid was submitted by R. W. Scott Construction in the amount of $417, 861 . 70 , including tax. The Engineer' s estimate was $383 , 634 . 50 including tax. The Public Works Director recommends awarding this contract to R W Scott Construction, establishing a budget for the project and declaring the City' s intent to bond for a portion of the funds ORR MOVED to award the 98th Avenue South Widening con- tract to R.W. Scott Construction, establish a budget for the pro]ect and to declare intent to bond for a portion of the funds Peterson seconded and the motion carried. LID 350 (CONSENT CALENDAR - ITEM 6I) (CFN-1144) LID 350, Big R Sanitary Sewer and Del Webb Sanitary Sewer Interceptor Project, Charge in Lieu of Assessment. Authorization for the Public Works Department to esta- blish a charge in lieu of assessment for the affected properties as indicated within the boundaries of 124th Avenue S . E . and SE 270th Street and along SE 268th Street, as recommended by the Public Works Committee ZONING CODE AMENDMENT (OTHER BUSINESS - ITEM 7A) (CFN-131) Zoning Code Amendment Phase 2A (ZCA-2001-1) . On April 8, 2002 , the Land Use and Planning Board recommended amend- ing Kent City Zoning Code Sections 15 . 02 , 15 . 04 , 15 08 , 41 and 12 01 as outlined in the proposed ordinance This 4 Kent City Council Minutes May 7, 2002 ZONING CODE AMENDMENT group of amendments is largely corrective in nature and is meant to solve code conflicts or provide additional clarifying language . Kim Marousek of the Planning Department explained that most of the amendment rectifies scrivener ' s errors and provides clarification. She emphasized that no new land uses were added and said substantive changes relate to MRT zoning setbacks and the period of validity for conditional use and variance applications ORR MOVED to approve the Land Use and Planning Board ' s recommendation for the Zoning Code Amendments Phase 2A and Chapter 12 01 and adopt Ordinance No 3600 . Woods seconded and the motion carried. PARKS, RECREATION AND COMMUNITY SERVICE (BIDS - ITEM SA) (CFN-120&118) Kent Commons Re-roof. The bid opening for this pro3ect was held on April 5 , 2002 with 9 bids received. The low bid was submitted by Pacific Sheet Metal in the amount of $110 , 140 00 The Engineer ' s estimate was $148 , 000 00 . The Parks Director recommends awarding the contract to Pacific Sheet Metal , for $110 , 140 . 00 plus Washington State Sales Tax. WOODS MOVED that the Commons Re-roof pro] ect be awarded to Pacific Sheet Metal for the bid amount of $110, 140 . 00 plus Washington State Sales Tax Epperly seconded and the motion carried. COMPREHENSIVE PLAN (PUBLIC HEARING - ITEM 5A) (CFN-1240&377) DeMarco Annexation Zoning and Comprehensive Plan Amendment AZ-2001-1 and CPA-2001-1. On March 11, 2002 , the Land Use and Planning Board held a public hearing on both the annexation zoning map amendments and the compre- hensive plan land use map amendments for the DeMarco Annexation area. Charlene Anderson of the Planning Department showed maps of the area and explained that the Board recommended a two acre square at the corner of 116th and 240th be zoned commercial, but because of traffic ingress and egress , Planning staff suggests a rectangle of 200 ' along 240th and 435 ' along 116th with a buffer of low density multifamily if Council decides to go with Commercial in that area. Wickstrom explained 5 Kent City Council Minutes May 7, 2002 COMPREHENSIVE PLAN that driveways should be 200 ' from major arterials and 100 ' from minor arterials, that the preferred access would be from 116th, and that the rectangle would be the preferred shape. Mayor White opened the public hearing. Joseph Paolino, 23306 115th Place SE, said that commercial development is unnecessary and that any commercial zoning would be detrimental to the area Nancy Moore, 12305 SE 237th Place, agreed and listed all the businesses within a mile of her neighborhood She spoke in support of the Land Use and Planning Board ' s recommendation, citing traffic and school concerns . Bob O' Brien, 1131 Seattle Street, urged the Council to take into consideration the fact that Mr. Lotto has made a generous offer to accommodate his neighbors, which will cost him millions of dollars . David Eastern, 5031 165th Place SE, Bellevue, said that people would shop at businesses in the area even though there are others nearby. He noted that people prefer no development, but said that is not an option. Amy Kosterlitz, attorney for the Lottos, urged the Council to support their compromise alternative to retain their eight acres of zoning. She said the Lottos have agreed to down zone the majority of their property to single family, and that there is strong support for the requested commercial zoning. She said approving the eight acres of neighborhood commercial is fair and in line with public rights policies , and that it won' t cause traffic problems Brad Martin, 23628 116th Avenue SE, voiced opposition to any commercial or multifamily development of the Lotto property. He said he did not see notification of a pro- posed zoning change for Lotto ' s property from the County, and that he would have opposed it at that time He said he could reluctantly accept the proposed compromise Martin Durkin, Jr. , 22401 Sweeney Road, Maple Valley, disputed the size of the Meridian Shopping Center property and said the Lotto property was converted to commercial zoning in 2000 because residents of the area . complained about multifamily zoning He distributed copies of an article regarding sprawl and a chart of 6 Kent City Council Minutes May 7, 2002 COMPREHENSIVE PLAN vacant lands in the city which shows that the city has an abundance of SR-6 land available but no neighborhood business land. He said pedestrian friendly neighborhoods are needed and urged the Council to be fair with Mr. Lotto. Mark Mockitell , 23601 126th Place SE, urged the Council not to expand the commercial potential of the area, and said the Planning Board' s compromise is reasonable . Julie DeMarcc, 13004 SE 234th Street, was opposed to commercial because of increased traffic, overcrowded schools and safety concerns Gina Martin, 23628 116th Avenue SE, presented over one hundred letters signed by Kent residents requesting that the Council support the Land Use and Planning Board ' s recommendation to limit the Lotto property to two acres commercial and the remainder SR-6 She expressed concern that commer- cial buildings would be placed as close as possible to her property, and said it is not easy for the Council to stand up for what is best for the community and for what the ma]ority of citizens want . CLARK MOVED to make the letters a part of the public record Woods seconded and the motion carried. Darlene Jevne, 23636 120th SE, spoke in opposition to commercial zoning and in support of the recommendation for two acres of commercial and the remainder SR-6 Mike Lotto, 11644 SE 240th Street , reminded the Council that his property has been zoned 18 units an acre since 1992 and eight acres has been zoned commercial for two years, and that he has conceded quite a bit in giving up multiple zoning for SR-6 . He said he had been assured that if the area was annexed to the City of Kent , he could keep the zoning he had in the county and urged the Council to be fair and reasonable and give him at least five acres of commercial . David Swanson, 27228 120th Avenue SE, said there are many issues to consider before voting, including problems associated with a fluid school environment Lena Teeter, 23607 120th Avenue SE, said Mr Lotto should be able to retain the zoning that he had in the county. Ted Nixon agreed with Ms . Teeter Kevin Joyce, 11858 SE 236th Street , urged the Council to adopt the proposed zoning of 2 acres commercial and the remainder SR-G . He cited traffic issues, shortage of parks and ballfields for children, and overcrowded schools as reasons 7 Kent City Council Minutes May 7, 2002 COMPREHENSIVE PLAN Bill Moore, 12305 SE 237th, stated that the county did not inform citizens in the area of the zoning change, and that that was part of the reason for the annexation. He said there is a financial impact to all residents of the area, as well as to Mr. Lotto, and urged the Council to support the compromise . Joe Rubio, 3831 S . 248th, said growth can' t be stopped and should be accepted, and Mr. Lotto should be compensated. Steven Mack, 12334 SE 236th Place, said the self-interested appeals should be sepa- rated from community interests . He urged the Council to accept the recommendation of the Land Use and Planning Board. There were no further comments and PETERSON MOVED to close the public hearing. Woods seconded and the motion carried. ORR MOVED to make the other materials received tonight a part of the record. Clark seconded and the motion carried. ORR MOVED to approve the Land Use and Planning Board ' s recommendation for the DeMarco Annexation initial zoning and comprehensive plan amendment , and to direct the City Attorney to prepare the ordinance . Woods seconded. Orr said there is no need for more commercial land, that two acres is enough for access, and that she would not ob3ect to having the configuration changed should her motion pass . She added that Kent has built more housing than required, so higher density zoning is not necessary. She said the City of Kent was not notified by the county of the zoning change in the area, and said that zoning was not appropriate . She emphasized that the Council has to consider what is best for the whole city, not lust one corner. She said she is unaware of who promised Lotto the same zoning and emphasized that the Council makes that decision. Woods explained that the Council does the best they can in every situation to consider all sides, but that everyone won ' t agree on everything Clark explained that the wetlands through the Lotto property are covered under Federal law and cannot be built on. He added that the Kent School District is the . fourth largest in the state, but that only one-third of the school district is inside the city limits of Kent 8 Kent City Council Minutes May 7 , 2002 COMPREHENSIVE PLAN He said the Council has to consider Growth Management and that their decisions are not arrived at lightly Epperly pointed out that the people who moved into the area in the past ten to fifteen years impacted the lives of those who were there before then. She said she feels a pro- perty owner should get as much value for their property as they can, and said she would be willing to give Mr. Lotto four acres instead of two . Yingling said the fact that commercial would ruin a pro- perty owner' s view is a legitimate concern He pointed out that the more commercial zoning in the area, the less impact on schools He added that more commercial would also help with traffic impacts He said the wetlands would provide a huge buffer for the neighborhood, and that single-family homes would have more impact on the wetlands, due to drainage from their yards He opined that the fair thing to do regarding the zoning is to follow past practices and not punish Mr Lotto White said this is a property rights issue to which everyone has a right, and that it would be cruel to put Mr Lotto through the up zoning process again. He estimated that this motion would strip $7, 440 , 000 from Lotto ' s equity Orr responded that she would be more comfortable if there had been any public process before the county up zoned his property, but there was no opportunity for public input . Peterson expressed concern about fairness , economic viability of the commercial development, and property rights . She said there are no guarantees regarding compatibility between city and county ]urisdictions, and that the vision of the residents of the area is not harmful to the city Upon a roll call vote, the motion to approve the Planning Board' s recommendation for the DeMarco annexation zoning carried 4-3 with Clark, Orr, Peterson and Woods in favor and Epperly, White and Yingling opposed FINANCE (CONSENT CALENDAR - ITEM 6B) (CFN-104) Approval of Sills _ Approval of payment of the bills received through April 15 and paid on April 15 after auditing by the Operations Committee on April 16 , 2002 9 Kent City Council Minutes May 7, 2002 FINANCE Approval of checks issued for vouchers : Date Check Numbers Amount 4/15/02 Wire Transfers 1151-1161 $1 , 154 , 148 . 97 4/15/02 Prepays & 531824 325 , 575 31 4/15/02 Regular 532426 2 , 908 , 007 . 31 $4, 387, 731 . 59 Approval of checks issued for payroll for March 16 through March 31 and paid on April 5, 2002 . Date Check Numbers Amount 4/5/02 Checks 259278-259621 $ 266, 048 03 4/5/02 Advices 126734-127459 1, 058 , 035 . 28 $1, 324 , 083 . 31 APPOINTMENTS (CONSENT CALENDAR - ITEM 6K) (CFN-118) Golf Advisory Board Appointments . Confirmation of the Mayor ' s appointment of Richard Ternes and Douglas Smith to the Golf Advisory Board Mr Ternes is a retired high school math teacher He was a high school golf coach for seven years, volunteered at the local food bank, and spent time as a golf volunteer He has also volunteered with the Little League organization. He is a charter member of Riverbend Men' s Club Mr. Ternes will replace George Billings. Mr. Douglas Smith is self-employed and is a member of the River Bend Men' s Club He will replace Gary Tomlinson REPORTS Council President . Clark reminded Council members of the Suburban Cities Association Board meeting on Thursday at 7 00 o'clock, and the Valley Com dedication at 3 : 00 p.m. on May 31st . He encouraged interested citizens to tour the building between one and five p m. that day. Public Safety Committee. Epperly noted that the next meeting will be at 5 : 00 p .m. on May 14 Public Works Committee. Orr noted that the next meeting will be held at 5 . 00 p .m. on May 20 . 10 Kent City Council Minutes May 7, 2002 REPORTS Planning Conmiittee. Orr said the next meeting will be at 3 00 p.m. on May 21 Administrative Reports. Martin noted that there is an executive session of one item dealing with pending litigation, and that action may be taken after the ten minute executive session EXECUTIVE SESSION The meeting recessed to executive session at 9 : 12 p m and reconvened at 9 25 p m. Pending Litigation. ORR MOVED to authorize the Mayor to sign all documents necessary to settle the current tariff dispute and pending litigation with Puget Sound Energy, subject to approval of all final terms and conditions by the City Attorney. Clark seconded and the motion carried ADJOURNMENT CLARK MOVED to adjourn at 9 25 p m. Woods seconded and the motion carried Brenda Jacober, CMC City Clerk 11 • Kent City Council Meeting Date May 21, 2002 Category Consent Calendar 1 SUBJECT: FIRE SAFE FAMILIES PROJECT GRANT AWARD - ACCEPT 2 SUMMARY STATEMENT: Accept grant funds in the amount of$5,000 and the in-kind grant of 350 smoke detectors (10-year lithium). The Fire Department applied for and received grant monies from State of Washington Department of Health, Injury Prevention Program. The grant provides Kent Fire & Life Safety with 350 10-year lithium smoke detectors and $5,000 Three hundred (300) of the detectors are provided directly to Kent Fire & Life Safety from State of Washington Department of Health Fifty (50) detectors are provided by a second grant written by the King County Fire &Life Safety Association. The grant also provides that the $5,000 be used on fire & life safety public education programs within our response area. The target audience for the 10-year lithium smoke detector installation is low income, older adults living in mobile homes. Kent Fire & Life Safety responded to 175 • residential fires in 2001, thirty percent of these residents did not have working smoke detectors. Implementing the 10-year lithium smoke detector program will assist in meeting the goals of increasing the number of working smoke detectors in high-risk residences. 3 EXHIBITS: Grant application and letter received from Mary Borges, Coordinator Fire Safe Families Project 4. RECOMMENDED BY: Fire Chief Schneider &Public Safety Committee (3-0) (Committee, Staff, Examiner, Commission, etc ) 5. UNBUDGETED FISCALIPERSONNEL IMPACT: NO X YES 6 EXPENDITURE REQUIRED: $ SOURCE OF FUNDS 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds • DISCUSSION ACTION. Council Agenda Item No. 6C Kent Fire & Life Safety Fire Safe Families Project Award Grant Application Contact Information Pat Pawlak, Lieutenant' Karen Stewart, Public Education Specialist Kent Fire & Life Safety Mailing Address 220 4`i' Ave S Kent, WA 98032 Physical Address 400 W Gowe St Kent, WA 98032 Phone 253-856-4400 Fax 253-856-6400 Email ppawlak(cbcl kent wa us kstewart(&cl kent wa us Summary Kent Fire & Life Safety responded to 175 residential fires in 2001 Thirty percent of these residents did not have a working smoke detector Implementing an aggressive proactive lithium smoke detector program, utilizing the 300 smoke detectors received from the Fire Safe Families Project Award, will assist us in attaining our department's goals These goals include increasing the number of working smoke detectors in residences and protecting the lugh-nsk senior citizen from fire related deaths or injuries Targeting high- risk populations in our mobile home complexes will also assist in attaining these goals These complexes home to many senior citizens living on fixed incomes. The US Fire Administration recognizes that income level, advanced age, and type of residential structure all play a role in increasing the chances of surviving a residential fire Our targeted audience is at high risk in all three areas mentioned above Introduction Kent Fire & Life Safety is requesting 300 ten-year lithium smoke detectors from Fire Safe Families Project Award The target population for these smoke detectors will be communities of approximately 500 mobile homes Seniors on fixed incomes are the primary occupants of these mobile homes The requested smoke detectors will be a fantastic addition to the safe living environment of these residents The ten-year lithium detectors will reduce not only the chances of fire deaths in theses residents, but also injuries from falls due to the seniors trying to change the batteries in the traditional smoke detectors available from Kent Fire & Life Safety Kent Fire & Life Safety has been successful in implementing smoke detector programs in the past and is currently involved in a successful home installation program Public educators will attend the mandatory training The public education unit will also submit the monthly reports t Targeted Community ,The city of Kent is the target community for this grant request Kent is geographically located between Seattle and Tacoma. Kent's largest employers include the Boeing Company, Kent School District, and City of Kent According to the 2000 census, the population of Kent has increased 109% in the past 10 years to 82,782. Fourteen percent of these residents are seniors, 55 years old or older The senior residential housing complexes have increased from two in 1994 to ten in 2002 The City of Kent serves a wide variety of citizens The Kent School District reports that there are 72 languages spoken within the school district and 28% of the students are included in the free lunch program The free lunch program is offered to low-income families The Kent Community Service Center also assists low-income families by providing food and clothing In 2001 the Kent Community Service Center helped a total of 42,113 people The latest census report we are basing income levels on is from 1990 The 1990 census indicates that 52% of Kent's 1990 population was considered low- income (see attachment 1) Organization Kent Fire & Life Safety is a fire department served by 145 career firefighters, 16 volunteer firefighters, and 16 non-uniformed personnel The organization serves a culturally and economically diverse community and encompasses approximately 58 square miles, which includes the City of Kent, King County Fire District #37, and a portion of the City of Covington The total estimated population served by Kent Fire & Life Safety is 148,000 Seven fire stations responded to over 13,000 calls for assistance in 2001 Of these calls, 175 were for residential fires The reports indicate that less than 30% of these residential fires had working smoke detectors present at the time of the fire Experience Kent Fire & Life Safety has planned and implemented several smoke detector programs throughout its history These programs have included media blitzes, billboard campaigns, utility flyers, educational brochures, and door to door smoke detector checks and installations We currently carry smoke detectors on our fire engines, ladder truck, and aid cars When appropriate, the firefighters install smoke detectors in homes they respond to The detectors we currently use are photoelectric and battery operated Although we have had several successful smoke detector campaigns in the past, we have never had the opportunity to place ten-year lithium smoke detectors in homes Kent Fire & Life Safety is currently implementing several successful public education and public service programs These programs include, • A trip and fall prevention program for senior citizens In 2001, Kent Fire &Life Safety helped reduce the potential for falling in 69 homes We install risk reduction devices in the home of seniors, provide them with educational information, and fall prevention brochures Partnerships with Kent Housing and Human Services, King County Fire &Life Safety Association, and Lowes Hardware store contribute to the success of this program. 2 • The targeted population for the `Fire Stoppers' program is children who have set fires In 2001 Kent Fire & Life Safety intervened in 57 youth set fires The youth and their families are given help in the form of smoke detectors installed in the home, evaluation of fire setting behavior, educational information and material, and if needed, counseling Partnerships with local community mental health, family advocates, and youth and children services as well as the Fire Stoppers of King County Committee contribute to the success of this program • Evacuation planning and education is done for single family residences, apartment complexes, home daycares, daycare centers, small businesses, manufacturing facilities, and large businesses Classes are taught at monthly orientation sessions to new home daycare providers and new daycare centers Kent Fire & Life Safety performs evaluations of business evacuation drills Identifying Target Population The communities currently identified for the Smoke Detector Installation Program include Pink Thunderbird Trailer Park, Paradise Mobile Homes, Maple Lane Mobile Homes, Willow Vista Trailer Park, Soos Creek Estates, and Cascade Mobile Homes These communities consist of almost 500 older manufactured homes and trailers whose residents are predominately senior citizens. The citizens in these residences have three risk factors that contribute to the high-risk rating The factors include building construction, age, and income level of residents According to the US Fire Administration, all of these factors have been associated with increased risks for fires, fire injury, or fire death 41 Potential Partners Partners for this program include • Kent Housing and Human Services for the identification and installation in low- income senior residents • Kent Semor Center will be a partner in identifying, advertising, and promoting the Smoke Detector Installation program • The Golden Kiwanis, Kent's senior Krwams club, will be used to get referrals and to advertise the program • Firefighters will identify, educate, and install smoke detectors while on service or emergency calls throughout the community • Community Emergency Response Team (CERT) volunteers will be used to assist firefighters in the installation of the smoke detectors • The installation dates will coincide with the dates already established by Kent Fire & Life Safety for public relations Project Implementation The smoke detector installation program will be coordinated out of the public education unit All documentation and record keeping will be generated, distributed, and compiled by the education unit The educators will assign communities to firefighters and CERT team members All paperwork and tracking will be returned to the public education unit for data collection and retention 3 The targeted senior mobile home complexes identified above will receive a letter of ,introduction explaining the parameters of the program This letter will announce that Kent Fire & Life Safety is conducting a smoke detector check, installation, and education program in their neighborhood The letter will include the installation days, a sign-up section, educational information, and contact information. The implementation will focus on changing the environment of the mobile homes so there is a working smoke detector in each home Implementation will also focus on changing the behavior of the residents so they will evacuate when the alarm sounds Firefighters and CERT members will canvas the targeted communities on the installation date The installers will engage the resident in an educational discussion about the ten- year lithium smoke detectors and what to do when the detector sounds. The installers will record the address of the installation, number of detectors installed, name and phone number of resident A date sticker will identify each detector This sticker will be placed on the detector at the time of installation The stickers will record installation date and replacement date The firefighters and CERT members will leave our"Fire Escape Planning", "Smoke Detector", and "Fire Prevention for Your Home"brochures with the residents (attachment 2-4) The public educators will schedule and organize the referrals that are made through Kent Housing and Human Services and the Kent Senior Center Classes will be offered at the Kent Senior Activity Center and to the Golden Kiwams to educate the citizens on smoke detectors and escape planning The new ten-year lithium smoke detectors will be carved on all fire department vehicles, including inspector's cars, fire engines, ladder truck, and aid cars These detectors can be installed in homes that are identified as needing smoke detector protection Project Coordinator The project coordinator will be Assistant Chief Steve Hamilton Cluef Hamilton has worked with two smoke detector programs in the past, the first being in the early 1990's That program began from an officer's promotional process Firefighters went out into the community and canvassed door-to-door to ensure that high-risk neighborhoods had been evaluated for working smoke detectors If smoke detectors were not working or were not found, batteries and/or smoke detectors were installed. The canvassing efforts were the initial part of the program. After accomplishing the canvassing phase by rotating through neighborhoods approximately every three years, the program concentrated on carrying smoke detectors and batteries on responding apparatus When on the scene and when the timing is appropriate, the crews check the occupant's smoke detector If a working detector is not found, the crews install a battery or detector(s) Chief Hamilton is a 27-year veteran of the Fire Service and believes very strongly in the program and wants to see an increased emphasis on ensuring that our citizens have working smoke detectors Letters of Support See attachment 5 4 2 V ST1F O O j � - 2 N � N � ieea STATE OF WASHINGTON DEPARTMENT OF HEALTH INJURY PREVENTION & SAFETY PROGRAMS Olympia, Washington 98504-7932 • (360) 236-3687 • FAX(360) 753-9100 April 22, 2002 Kent Fire and Life Safety Karen Stewart 220 —4" Ave S Kent, WA 98032 Dear Karen. I am pleased to announce that Kent Fire & Life Safety has been selected to receive a Fire Safe Families Project Award Your application was chosen from among other outstanding applications You will receive a copy of the award contract in the mad in the next few weeks The Statement of Work in the contract will describe the requirements of the Project On Friday, May 10th, an award recipient training will be held Please plan to attend The training will consist of the details of the project including timelines, forms and other pertinent information The location and time of the meeting will be announced to you in a letter in the next week I will be contacting you in the next few days to inquire about a shipping address for the alarms Please don't hesitate to contact me if you have any question Looking forward to a great year with you as a Fire Safe Families Project Sincerely, J Mary ,es, oordinator Fire Safe Families Project • Kent City Council Meeting Date MU 21, 2002 Category Consent Calendar 1. SUBJECT: BUDGET INCREASE FOR SPRINGWOOD HUD GRANT— ACCEPT 2. SUMMARY STATEMENT: Authorization for the Police Department to accept an increase in the Springwood HUD grant funding, to decrease the city share of funding, and to make budget amendments The budget was originally presented and approved during the budget process The actual grant funding came in slightly higher than expected. The original grant expected was $84,452 and the actual award was $86,985. This will reduce the city share from $15,980 to $13,447 or $2,533 cut. 3. EXHIBITS: Public Safety Committee memo dated 5/14/02 from Mary Ann Kern 4. RECOMMENDED BY: Police Chief Crawford & Public Safety Committee (3-0) 5/14 (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 52,533 increase in grant share of funding $2,533 decrease in city share of funding 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION • ACTION Council Agenda Item No 6D Department KENKent Police Memo To: Public Safety Committee �\ From: Mary Ann Kem, Admin Services Support Manager via Chief Crawford CC: Lorna Rufener, Division Commander Date: 04/23/02 Re: Accept Grant Funding Amendment and authorize Budget Modification The Police Department requests Council acceptance of the Springwood HUD Grant for the Working Together Program The budget was presented and approved during the budget process The Actual grant funding came in slightly higher than expected The original grant expected was S84,452 and the actual award was S86,985 This will reduce the city share from $15,980 to S13,447 or$2,533 cut Thank you ` Re U\Userdata\Word Documents\Public Safety Memo Spnngwood 2002 doc e,Page 1 M Kem 04 Kent City Council Meeting Date May 21, 2002 Category Consent Calendar 1. SUBJECT: SE 256TH FLUME RESTORATION PROJECT CONDEMNATION — ORDINANCE 2. SUMMARY STATEMENT: Adoption of Ordinance No. _ authorizing eminent domain procedures over certain real property for the SE 256th Flume Restoration Project. The SE 256th Flume Project may require the acquisition of certain property and/or property rights for restoration of the SE 256th Flume. This Ordinance would allow for acquisition of such real property, as depicted in Exhibit "A" of the ordinance, to complete the project should ongoing negotiations fail. 3. EXHIBITS: Ordinance, Public Works Director memorandum and vicinity map • 4. RECOMMENDED BY: Public Works Committee and Staff (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: S SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION ACTION: Council Agenda Item No 6E PUBLIC WORKS DEPARTNIENT Don E Wickstrom, P E Public Works Director • Phone 253-856-5500 K E N T Fax 253-856-6500 WASHINOTON Address 220 Fourth Avenue S Kent, WA 98032-5895 Date May 6, 2002 To : Publvickstrom, orks Committee From: Don Public Works Director Subject - SE 256th Flume Project - Condemnation Meridian Valley Creek currently flows thru a concretp�€lume for a distance of approximately 1200 feet on the south side of SE 256th Street near the city boundary of 148th Ave SE . The stream is a highly productive salmon system. The stormwater capital improvement plan for the Soos Creek Basin includes a project involving the relocation of the stream into a new natural stream system. The relocation will also be required to accommodate future road improvements for SE 256th Street . This same project is also identified by the Army Corp of Engineers with respect to the Green River system salmon recovery efforts as one of the earlier action projects . As such upon the City providing engineered plans, the right of way, and the local permits, the Corp will do the construction at no cost to the City. This will save the City hundreds of thousands of dollars in project costs The Corp is anticipating to do the construction in 2003 We have negotiated with the owners of the three parcels involved. Two of the parcels are publicly owned either by King County or Soos Creek Water & Sewer District Per said parcels we have either secured or will secure the necessary easement rights . The third parcel is privately owned (Bhatia) and our negotiations are miles apart . As such, at this time we are requesting condemnation authority MOTION: Recommend authorization to adopt the respective condemnation ordinance should current property negotiations fail 25Gflume c P � O o J VQC V. I v p U OIcaV 13d I^ �,3 p iZ3 2? 120. 1 _ Z 3- 'S 6,5 � P 8 P O J O P p g ' 'pC P /34 O P � 123v � �s a L` ^' �'o �� _ s u ` o o a2 a azz 17 v III r„ 5 P� 75 m Iuu a i 'III + ' �l O- Pa" 00 rsc 9 NV l�J/ fy�i �11 hIl OCR •�`a,% cillr aR ,1I'/ 1 I I� ♦ - >' _ n 750 9650643 "()))V i l`i y , RJ I� me �� ➢s � _ j � `-;I ��,� � -a ® 9 O T It /cs _ 71 4 � - g L H y Gen, rn 1 _ 7311 , R 240' o � do I L C 7B0 v d' 1309 06 148TH AVE SE $ 148T1 �d z9- --^— f -K= BGGr'O1 t1 KD ,l'Y- 1�MGN7 �Drv� I e Z) CL ,n-,, KO n1Y11 O;r y�r J.�. 33. 33-:-, ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, providing for the acquisition of certain property and/or property rights in order to construct, extend, widen, improve, alter and maintain the SE 256th Flume Project, providing for the condemnation, appropriation, taking and damaging of such property rights as are necessary for that purpose, providing for the payment thereof out of the "256th Flume Project" fund (Fund D00043 64420 330), and directing the City Attorney to prosecute the appropriate legal proceedings, together with the authority to enter into settlements, stipulations or other agreements, all of said properties located within King County, Washington THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. After receiving the report of City staff, and after reviewing the planned improvements for the SE 256th Flume Project(the "Project"), the City Council finds and declares that the public convenience, use, health, safety, and necessity demand that the City of Kent condemn, appropriate, take, and damage all or portions of certain real i properties located in King County, Washington, in order to acquire the necessary property and/or property rights for the construction of the Projects, including all necessary appurtenances These properties are legally described in Exhibit A, attached and incorporated by this reference (the "Properties") The purposes for which this condemnation is authorized shall include, without limitation, all acts necessary to complete the construction, extension, improvement, widening, alteration, maintenance and 1 SE 256th Flume Project Condemnation reconstruction of the Project, including improvements for drainage, curbs and gutters, sidewalks, bicycle paths, landscaping, illumination, signal improvements, electrical facilities, utilities, utility adjustments, relocations, and any other street or municipal purposes that may become necessary from time to time on the Properties SECTION 2 The City authorizes the acquisition by condemnation of all or a portion of the Properties for the construction, extension, improvement, widening. alteration, maintenance, and reconstruction of the Projects, including acquisition of property and/or property rights, together with all necessary appurtenances and related work to make a complete improvement according to City standards i SECTION 3. The City shall condemn the Properties only after just compensation has first been made or paid into court for the owner or owners in the manner i prescribed by law SECTION 4. The City shall pay for the entire cost of the acquisition by condemnation provided for in this ordinance through the City's "256th Flume Project" fund (Fund D00043 64420 330) or from any of the City's general funds, if necessary, as may be provided by law SECTION 5. The City authorizes and directs the City Attorney to commence those proceedings provided by law that are necessary to condemn the Properties In commencing this condemnation procedure, the City Council authorizes the City Attorney to enter into settlements, stipulations, or agreements in order to minimize damages,which settlements, stipulations, or agreements may include, but not be limited to, the amount o just compensation to be paid, the size and dimensions of the property condemned, and the acquisition of temporary construction easements and other property interests 2 SE 256th Flume Project Condemnation SECTION 6. Any acts consistent with the authority and prior to the effective date of this ordinance are ratified and confirmed SECTION Z The provisions of this ordinance are declared to be separate and severable The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstances shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances SECTION 8. This ordinance, being the exercise of a power specifically delegated to the City's legislative body, is not subject to referendum, and shall take effect and be in force five (5) days after publication as approved by law JLM WHITE, MAYOR ATTEST BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM TOM BRUBAKER, CITY ATTORNEY I i 3 SE 256th Flume Project Condemnation PASSED the day of , 2002 APPROVED the_ day of 2002 PUBLISHED the_day of 2002 I hereby certify that this is a true and correct copy of Ordinance No _ passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated BRENDA JACOBER, CITY CLERK P\QwWrdmmc6SE256EWUu Proiat doc 4 SE 256th Flume Project Condemnation PARCEL A: The east three-quarters of the northeast quarter of the northeast quarter of Section 27, Township 22 North, Range 5 East, W M , in - - King County, Washington, EXCEPT that portion thereof lying southerly of a line parallel w to the south line of said subdivision and 660 feet northerly of said south line and measured along the west line of said subaivision, AN'D EXCEPT the east 330 feet thereof, AND EXCEPT the north 40 feet thereof conveyed to King County for road purposes by deeds recorded under Recording Numbers 169017 41253134, AND EXCEPT the west 135 00 feet of the south 322 67 feet tnereof PARCEL B: The east 330 feet of the north 660 feet of the northeast quarter of the northeast quarter of Section 27, Township 22 Ncrtl, Range 5 East, W bl , in King County, Washington, EXCEPT that portion conveyed to King County for Southeast 256`'' Street by deed recoreed under Recording Nwwer 5125314, AND EXCEPT the east 150 feet thereof EXHIBIT "A" Page 1 WEST'S REVISED CODE OF WASHINGTON ANNOTATED TITLE 36. COUNTIES CHAPTER 36.70A.GROWTH MANAGEMENT—PLANNING BY SELECTED COUNTIES AND CITIES Copr Z West Group 2002 All rights reserved Current through Chapter 3 of 2002 Regular Session 36 70A 130 Comprehensive olans--Review—Amendments (AMENDED) WASHINGTON 2002 LEGISLATIVE SERVICE 57th Legislature,2002 Regular Session Copr z West Group 2002 All rights reserved Additions are indicated by<<+Text+>>, deletions by <<-Text->> Changes in tables are trade but not highlighted Vetoed provisions within tabular matenal are not displayed CHAPTER 320 S S B No 5841 GROWTH MANAGEMENT--COMPREHENSIVE PLAN REVIEW A` ACT Relatmg to establishing a schedule for review of comprehensive plans and development regulations adopted under the growth management act, and amending RCW 36 70A 130 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON Sec 1.RCW 36 70A 130 and 1997 c 429 s 10 are each amended to read as follows <<WA ST 36 70A 130>> (l)<<+(a)+>>Each comprehensive land use plan and development regulations shall be subject to continuing review and evaluation by the county or city that adopted them <<-Not later than September 1, 2002, and at least every five years thereafrer->> <<+A+>> county or city shall take <<+ legislative,>> action to review and, if needed, revise its comprehensive land use plan and development regulations to ensure <<-that->> the plan and regulations <<-are compilving->> « comply+>> with the requirements of this chapter <<+according to the time penods specified in subsection(4) of this section A county or city not planning under RCN 36 70A 040 shall take action to review and, if needed, revise its policies and development regulations regarding critical areas and natural resource lands adopted according to this chapter to ensure these policies and regulations comply with the requirements of this chapter according to the time penods specified in subsection (4) of this section Legislative action means the adopnon of a resolution or ordinance followme nonce and a public heanng indicating at a mimmum, a finding that a review and evaluation has occurred and identifyine the revisions made, or that a revision was not needed and the reasons therefore+>> The review and evaluation required by this subsection may be combined with the review required by subsection (3) of this section <<+The review and evaluation required by this subsection shall include, but is not limited to, consideration of critical area ordinances and, if planning under RCW 36 70A 040, an analysis of the population allocated to a city or county from the most recent ten-year population forecast by the office of financial management+>> <<+(b)+>> Any amendment <<+of+>> or revision to a comprehensive land use plan shall conform to this chapter<<-, and-»«+ A+>>nv <<- change->> <<+amendment of or revision+>> to development regulations shall be consistent with and implement the comprehensive plan (2)(a)Each county and city shall establish and broadly disseminate to the public a public participation program<<- identifying->> <<+consistent with RCN 36 70A 035 and 36 70A 140 that idennfies+>> procedures <<+and schedules+>> whereby <<+upaaies,+>>proposed amendments<<+,,» or revisions of the comprehensive plan are considered by the governing body of the county or city no more frequently than once every year <<-except that- Copr Z West 2002 No Claim to Ong U S Gov i Works Page 2 >><<+ "Updates" means to review and revise, if needed, according to subsection (1) of thus section, and the time periods specified in subsection (4) ofthis section A+»mendments may be considered more frequently <<+than once per year+>>under the following circumstances (i)The initial adoption of a subarea plan<<+that does not modify the comprehensive plan policies and designations applicable to the subarea+>>, (u) The adoption or amendment of a shoreline master program under the procedures set forth in chapter 90 53 RCW, and (m) The amendment of the capital facilities element of a comprehensive plan that occurs concurrently with the adoption or amen&rent of a county or city budget (b) Except as otherwise provided in (a) of this subsection, all proposals shall be considered by the pverrung body concurrently so the cumulative effect of the various proposals can be ascertained However, after appropriate public participation a county or city may adopt amendments or revisions to its comprehensive plan that conform with this chapter whenever an emergency exists or to resolve an appeal of a comprehensive plan filed with a growth management hearings board or with the court (3) Each county that designates urban growth areas under RCW 36 70A 110 shall review, at least eery ten vears, its designated urban growth area or areas, and the densities permitted within both the incorporated and unincorporated portions of each urban growth area In coniunction with this review by the county, each city located witlun an urban growth area shall review the densities permitted within its boundaries, and the extent to which the urban growth occurring within the county has located within each city and the unincorporated portions of the urban growth areas The county comprehensive plan designating urban growth areas, and the densities pemmned in the urban growth areas by the comprehensive plans of the county and each city located within the urban growth areas shall be revised to accommodate the urban growth projected to occur in the county for the succeeding rwenty-year period The review required by this subsection may be combined with the review and eialuation required by RCN 36 70A 215 <<+(4) The department shall establish a schedule for counties and cities to take action to review and, of needed, revise their comprehensive plans and development regulations to ensure the plan and regulations comply with the requirements of this chapter The schedule established by the department shall provide for the reviews and evaluations to be completed as follows +>> <<+(a) On or before December 1, 2004, and every seven years thereafter, for Clallair Clark Jefferson, Kmg, Kitsap, Pierce, Snohomish,Thurston, and WTiatcom counties and the cores within those counties,+>> <<+(b) On or before December 1, 2005, and every seven years thereafter, for Cowlitz, Island, Lewis, Mason, San Juan, Skagit, and Skamama counties and the cities within those counties T» <<+(c) On or before December 1, 2006, and every seven years thereafter, for Benton, Chelan, Douglas, Grant, Krmtas, Spokane, and Yakima counties and the cures within those counties, and+>> <<+(d) On or before December 1, 2007, and every seven years thereafter, for Adams Asotin Columbia, Ferry, Franklin, Garfield Grays Harbor, Klickitat, Lincoln, Okanogan Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and Whitman counties and the cores within those counties +>> <<+(5)(a)Nothing in this section precludes a county or city from conducting the review and evaluation required by this section before the time limits established in subsection (4) of this section Counties and cures may begin this process early and may be eligible for grants from the department, subject to available funding, if they elect to do SO+>> <<+(b) State agencies are encouraged to provide technical assistance to the counties and cities in the review of critical area ordinances, comprehensive plans, and development regulations +>> Copr ® West 2002 No Claim to Ong U S Govt Works Page 3 <<+(6)A county or city subject to the time periods in subsection(4)(a)of this section that,pursuant to an ordinance adopted by the county or city establishing a schedule for periodic review of its comprehensive plan and development regulations, has conducted a review and evaluation of its comprehensive plan and development regulations and, on or after January 1, 2001, has taken action in response to that review and evaluation shall be deemed to have conducted the first review required by subsection (4)(a) of this section Subsequent review and evaluation by the county or city of its comprehensive plan and development regulations shall be conducted in accordance with the time penods established under subsection(4)(a)of this section+>> <<+(7) The requirements imposed on counties and cities under this section shall be considered "requirements of this chapter" under the terms of RCW 36 70A 040(1) Only those counties and cities in compliance with the schedules in this s:ction shall have the requisite authority to receive grants, loans, pledges, or financial guarantees from those accounts established in RCW 43 155 050 and 70 146 030 Only those counties and cores in compliance with the schedules in this section shall receive preference for grants or loans subject to the provisions of RCW 43 17 250+>> Approved April 2, 2002 Effective June 13, 2002 WEST'S REVISED CODE OF WASHINGTON ANNOTATED TITLE 35A. OPTIONAL MUNICIPAL CODE CHAPTER 35A.63. PLANNIM1G AND ZONING IN CODE CITIES Copr C West Group 2002 All rights reserved Current through Chapter 3 of 2002 Regular Session 35A 63 060 Comprehensive plan—General(AMENDED) WASHINGTON 2002 LEGISLATIVE SERVICE 57th Legislature,2002 Regular Session is Copr (0 West Group 2002 All rights reserved Additions are indicated by<<+Text y» deletions by <<-Text->> Changes in tables are made but not hiehlighted Vetoed provisions within tabular material are not displaved CHAPTER 189 S S B No 5748 TRANSPORTATION--LAND USE--PLANS AND SPECIFICATIONS AN ACT Relating to integration of transportation and land use planing, amending RCW 35 63 060, 35A 63 060, 47 05 051, and 47 06 040, and adding a new section to chapter 47 26 RCW BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON <<WA ST 35 63 060>> Sec. 1 RCW 35 63 060 and 1988 c 127 s 1 are each amended to read as follows The commission may act as the research and fact finding agency of the municipality To that end it may snake such surveys, analyses, researches and reports as are generally authorized or requested by its council or board, or by the state with the approval of its council or board The comrmssion, upon such request or authority may also (1) Make inquiries, investigations, and surveys concerning the resources of the county, including but not linuted to the potential for solar energy development and alternative means to encourage and protect access to direct sunlight Copr ® West 2002 No Claim to Ong U S Govt Works Page 4 for solar energy systems, (2) Assemble and analyze the data thus obtained and formulate plans for the conservation of such resources and the systemanc utilization and development thereof, (3) Make recommendations from time to time as to the best methods of such conservation, utilization, and development, (4)Cooperate with other commissions and with other public agencies of the mumcipahty, state and United States in such planning, conservation, and development, and (5) In particular cooperate with and aid the state within its territorial limirs in the preparation of the state master plan provided for in RCW 43 21A 350 and in advance planning of public works programs <<+In carrying out its powers and duties, the comrmssion should demonstrate how land use planning is integrated with transportation planning +>> <<WA ST 35A 63 060>> Sec.2.RCW 35A 63 060 and 1967 ex s c 119 s 35A 63 060 are each amended to read as follows Every code cirv, by ordinance shall direct the planning agency to prepare a comprehensive plan for anticipating and influencing the orderly and coordinated development of land and building uses of the code city and its emuons The comprehensive plan may be prepared as a whole or in successive parts <<+The plan should integrate transportation and land use planning +>> <<WAST4705051 >> MSec.3 RCW 47 05 051 and 2002 c 5 s 406(ESB 2304) are each amended to read as follows (1) The comprehensive six-year investment program shall be based upon the needs identified in the state-owned highway component of the statewide multimodal transportation plan as defined in RCN 47 01 071(3) and pnonn selection systems that incorporate the following cnrena (a) Priority programrrung for the preservation program shall take into account the following, not necessarily in order of importance (i) Extending the service life of the existing highway system including using the most cost-effective pavement surfaces, considering (A) Life-cycle cost analysis, (B)Traffic volume, (C) Subgrade soil conditions (D)Envuonmenial and weather conditions, (E)Materials available, and (F) Construction factors, (ii) Ensuring the structural ability to cam loads imposed upon highways and bridges, and (m) Minimizing life cycle costs The transportation commission in carrying out the provisions of this section may Copr C West 2002 No Claim to Ong US Govt Works Page 5 delegate to the department of transportation the authority to select preservation projects to be included in the six- year program. (6) Priority programming for the improvement program must be based primarily upon the followmg<<—, not necessarily in order of importance+>> (i)Traffic congestion, delay, and accidents, (it)Location within a heavily traveled transportation corridor, (ill) <<+Except for projects in cities having a population of less than five thousand persons, s+>>ynchronizanon with other potenn-,l transportation projects, including transit and multirnodal projects,,within the heavily traveled comdor, and (iv) Use of benefit/cost analysis wherever feasible to determine the value of the proposed project (c) Pnonry programming for the improvement program may also take into account (1) Support for the state's economy, including lob creation andlob preservation, (11)The cost-effective movement of people and goods, (ill) Accident and accident risk reduction, (iv)Protection of the state's natural environment (v) Continuity and systematic development of the highway transportation network (vi) Consistency with local comprehensive plans developed under chapter 36 70A RCW <<—including the following if they have been included in the comprehensive plan+>> <<+(A) Support for development in and revitalization of existing downtowns,+>> <<+(B) Extent that development implements local comprehensive plans for rural and urban residential and nonresidentialdensnies,+>> <<+(C) Extent of compact, transit-oriented development for rural and urban residential and nonresidential densities,+>> <<+(D)Opportunities for multi nodal transportation, and+>> <<+(E) Extent to which the project accommodates planned growth and economic development+>>, (vu) Consistency with regional transportation plans developed under chapter 47 80 RCW, (vui) Public views concerning proposed improvements, (ix)The conservanon of energy resources, (x)Feasibility of financing the full proposed improvement, (xi) Commirments established in previous legislative sessions, (xn) Relative costs and benefits of candidate programs is Copr C West 2002 No Claim to Ong U S Govt Works Page 6 (d) Major projects addressing capacity deficiencies which prioritize allowing for preliminary engineering shall be repnontized during the succeeding bienmurn, based upon updated project data Repnontized projects may be delayed or canceled by the transportation commission if higher priority projects are awaiting funding (e) Major project approvals which significantly increase a project's scope or cost from original pnontizanon estimates shall include a review of the project's estimated revised priority rank and the level of funding provided Projects may be delayed or canceled by the transportation commssion if higher priority projects are awaiting funding (2)The commission may depart from the priority programming established under subsection(1) of this section (a) To the extent that otherwise funds cannot be unlined feasibly within the program, (b) as may be required by a court judgment, legally�indmg agreement, or state and federal laws and regulations, (c) as may be required to coordinate with federal, local, or other state agency construction orojects, (d) to take advantage of some substantial financial benefit that may be available, (e) for continuity of route development, or (f) because of changed financial or physical conditions of an unforeseen or emergent name The commission or secretary of transportation shall maintain in its files information sufficient to show the extent to which the commission has departed from the established priority (3) The commission shall identify those projects that yield freight mobility benefits or that alleviate the impacts of freight mobility upon affected communities << WA ST 47 06 040>> See.4 RCW 47 06 040 and 1998 c 199 s 1 are each amended to read as follows The department shall develop a statewide mulumodal transportation plan under RCW 47 01 071(3) and in conformance with federal requirements, to ensure the continued mobile v of people and goods within regions and across the state in a safe, cost-effective manner The statewide multimodal transportation plan shall consist of (1)A state-owned facilities component which shall guide state investment for state highways including bicycle and pedestrian facilities, and state ferries, and (2) A state-interest component, which shall define the state interest in aviation, marine ports and navigation freight rail intercity passenger rail, bicycle transportation and pedestrian walkways and public transportation, and recommend actions in coordination with approonate public and private transportation providers to ensure that the state interest in these transportation modes is met The plans developed under each component must be consistent with the state transportation policy plan and with each other, reflect punlic involvement, be consistent with regional transportation planning, high-capacity transportation planning, and local comprehensive plans prepared under chapter 36 70A RCW, and include analysis of mtermodal connections and choices A primary emphasis for these plans shall be the relief of congestion, the preservation of existing investments <<+and downtowns, ability to attract or accommodate planned population, and employment growth+>>, the improvement of traveler safety, the efficient movement of freight and goods, and the improvement and integration of all transportation modes to create a seamless intermodal transponation system for people and goods In the development of the statewide mulumodal transportation plan, the department shall identify and document potential affected environmental resources, including, but not hinted to, wetlands, storm water runoff, flooding, air quality, fish passage, and wildlife habitat The department shall conduct its envirotunental identification and documentation in coordination with all relevant environmental regulatory authorities, including, but not limited to, local governments The department shall give the relevant environmental regulatory authorities an opportunity to review the department's environmental plans The relevant environmental regulatory authorities shall provide comments on the department's environmental plans in a timely manner Environmental identification and documentation as provided for in RCW 47 01 300 and this section is not intended to create a private right of action or require an environmental impact statement as provided in chapter 43 21C RCW Copr m West 2002 No Claim to Ong U S Govt Works Page 7 NEW SECTION Sec.5.Anew section is added to chapter 47 26 RCW to read as follows In any project funded by the transportation improvement board, except for projects in cities having a population of less than five thousand persons, and in addition to any other items required to be considered by statute, the board also shall consider the land use implicanons of the project, such as whether the programs and projects (1) Support development in and revitalization of existing downtowns, (2)Implement local comprehensive plans for rural and urban residential and nonresidential densities, (3) Have land use planning and regulations encouraging compact development for rural and urban residential and nonresidential densities, and (4)Promote the use of multimodal transportation Approved March 27, 2002 Effective June 13, 2002 35A 63 061 Comprehensive plan—Required elements The comprehensive plan shall be in such form and of such scope as the code city's ordinance or charter may require It may consist of a map or maps aiagrams, charts, reports and descriptive and explanatory text or other devices and materials to express, explain, or depict the elements of the plan, and a shall include a recommended plan scheme, or design for each of the following elements (1) A land-use element that designates the proposed general distribution general location and extent of the uses of land These uses may include, but are not limited to, agricultural, residential, commercial industrial, recreational, educational, public, and other categories of public and private uses of land The land-use element shall also include estimates of future population growth in, and statements of recommended standards of population density and building intensity for, the area covered by the comprehensive plan The land use element shall also provide for protection of the quality and quantity of ground water used for public warer supplies and shall review drainage flooding, and storm water run-on in the area and nearby jurisdictions and provide guidance for corrective acnons to min Rare or cleanse those discharges that pollute Puget Sound or waters enmermg Puget Sound (2) A circulation element consisting of the general location, alignment and extent of existing and proposed major thoroughfares, major transportation routes, and major terminal facilities, all of which shall be correlated with the land-use element of the comprehensive plan 35A 63 062 Comprehensive plan—Optional elements The comprehensive plan may include also any or all of the following optional elements (1)A conservation element for the conservation, development, and utilization of natural resources (2)An open space,park, and recreation element (3) A transportation element showing a comprehensive system of surface, au, and water transportation routes and facilities (4)A public-use element showing general locations, designs, and arrangements of public buildings and uses Copr C West 2002 No Clain to Ong U S Govt Works Page 8 (5)A public utilities element shoving general plans for public and franchised services and facilities (6) A redevelopment or renewal element showing plans for the redevelopment or renewal of slum and blighted areas (7)An urban design element for general organization of the physical parts of the urban landscape (8)Other elements dealing with subjects that,in the opinion of the legislative body, relate to the development of the municipality, or are essential or desirable to coordinate public services and programs with such development (9)A solar energ} element for encouragement and protection of access to direct sunlight for solar energy systems 35A 63 070 Comnrehensrve olan--Notice and hearing After preparing the comprehensive plan, or successive parts thereof, as the case may be, the planning agency shall hold at least one public hearing on the comprehensive plan or successive pan Notice of the time, place and purpose of such public hearing shall be given as provided by ordinance and including at least one publication in a newspaper of general circulation delivered in the code city and in the official gazette, if any, of the code city, at least ten days prior to the date of the hearing Continued hearings may be held at the discretion of the planning agency but no additional notices need be published 35A 63 071 Comprehensive plan--Famarding to legtslatve bodv Upon completion of the hearing or hearings on the comprehensive plan or successive parts thereof, the planning agency, after making such changes as it deems necessary following such hearing, shall transmit a copy of its recommendations for the comprehensive plan. or successive parts thereof, to the legislative body through the chief administrative officer, who shall acknowledge receipt thereof and direct the clerk to certify thereon the date of receipt 35A 63 072 Comnrehensrve plan--Approval by legislative bodv Within sixty days from its receipt of the recommendation for the comprehensive plan, as above set forth, the legislative body at a public meeting shall consider the same The legislative body within such period as it may by ordinance provide, shall vote to approve or disapprove or to modify and approve, as modified, the comprehensive plan or to refer it back to the planning agency for further proceedings, in which case the legislative body shall specify the time within which the planning agency shall report back to the legislative body its findings and recommendations on the matters referred to it The final form and content of the comprehensive plan shall be determined by the legislative body An affirmative vote of not less than a majority of total members of the legislative body shall be required for adoption of a resolution to approve the plan or its parts The comprehensive plan, or its successive parts, as approved by the legislative body shall be filed with an appropriate official of the code city and shall be available for public inspection 35A 63 073 Comprehensive Plan--Amendments and modifications All amendments, modifications, or alterations to the comprehensive plan or any part thereof shall be processed in the same manner as set forth in RCW 35A 63 070 through 35A 63 072 Copr Z West 2002 No Claim to Ong US Govt Works Page 9 35A 63 080 Comprehensive plan--Effect From the date of approval by the legislative body the comprehensive plan, its parts and modifications thereof, shall serve as a basic source of reference for future legislative and administrative action PROVIDED, That the comprehensive plan shall not be construed as a regulation of property rights or land uses PROVIDED, FURTHER, That no procedural irregularity or informality in the consideration heanng, and development of the comprehensive plan or a part thereof, or any of its elements, shall affect the validity of any zoning ordinance or amendment thereto enacted by the code city after the approval of the comprehensive plan The comprehensive plan shall be consulted as a preliminary to the establishment, improvement, abandonment or vacation of any meet,park,public way,public building, or public structure, and no dedication of any street or other area for public use shall be accepted by the legislative body until the location, character, extent, and effect thereof shall have been considered by the planning agency with reference to the comprehensive plan The legislative body shall specify the time within which the planning agency shall report and make a recommendation with respect thereto Recommendations of the planning agency shall be advisory only 35A 63 100 Municipal authoritv After approval of the comprehensive plan, as set forth above, the legislative body, in developing the municipality and in regulating the use of land, may implement or give effect to the comprehensive plan or pans thereof by ordinance or other action to such extent as the legislative body deems necessary or appropriate Such ordinances or other action may provide for (1) Adoption of an official map and regulations relating thereto designating locations and requirements for one or more of the following Streets, parks, public buildings, and other public facilities, and protecting such sites against encroachment by buildings and other physical structures (2) Dividing the municipality, or portions thereof, into appropnate zones within which specific standards, requirements, and conditions may be provided for regulating the use of public and private land, buildings, and structures, and the location, height, bulk, number of stores, and size of buildings and structures, size of yards, courts, open spaces, density of population, ratio of land area to the area of buildings and structures, setbacks, area required for off-street parking, protection of access to direct sunlight for solar energy systems, and such other standards, requirements, regulations, and procedures as are appropriately related thereto The ordinance encompassing the matters of this subsection is hereinafter called the "zoning ordinance" No zoning ordinance, or amendment thereto, shall be enacted by the legislative body without at least one public hearing, notice of which shall be given as set forth in RC W 35A 63 070 Such hearing may be held before the planning agency or the board of adjustment or such other body as the legislative body shall designate (3) Adoption of design standards, requirements, regulations, and procedures for the subdivision of land into two or more parcels, including, but not limited to, the approval of plats, dedications, acquisitions, improvements, and reservation of sites for public use (4) Scheduling public improvements on the basis of recommended priorities over a period of years, subject to penodic review (5) Such other matters as may be otherwise authorized by law or as the legislative body deems necessary or appropriate to effectuate the goals and objectives of the comprehensive plan or parts thereof and the purposes of this chapter Copr © West 2002 No Claim to Ong U S Govt Works Kent City Council Meeting Date May21, 2002 Category Consent Calendar 1. SUBJECT: 218TH STREET/GARRISON CREEK WATER MAIN RELOCATION - ACCEPT 2 SUMMARY STATEMENT: As recommended by the Public Works Committee, accept the South 218th Street/Gamson Creek Water Main Relocation project as complete and release retamage to Elite Construction upon receipt of standard releases from the state and release of any liens The original contract amount was $46,350.48 The final contract amount was $127,687 65. Adequate funds exist within the project budget to cover this overage 3. EXHIBITS: Public Works Director memorandum • 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 EXPENDITURE REQUIRED: $ SOURCE OF FUNDS. 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION ACTION- Council Agenda Item No 6F PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director Phone Fax 253-856-6500 V/ASXIMGTOH Address 220 Fourth Avenue S Kent, WA 98032-5895 Date May 6, 2001 To Public Works Committee From Don Wickstrom, Public Works Director Subject S 218`h Street/Garrison Creek Water Main Relocation The S 218rn Street/Garrison Creek Water Main Relocation contract was awarded to Elite Construction Engineering in the amount of $46, 350 48 The project was to raise the water mains crossing the creek to provide additional freeboard and to armor the bridge so that it could withstand annual overtopping The final construction cost was $127, 687 65 The overage on this project occurred due to the following reasons • The Garrison Creek Bridge itself was found to be structurally deficient and as such the repair thereof was added to the contract • Additional storm drainage and landscaping was added to the original contract • Upon exposing the water mains it was determined that now was the time to also add the necessary additional gate valves and thrust blocking in order to minimize their damage potential, attributed to an earthquake • The roadway adjacent to the bridge repair failed which required reconstruction Adequate funds exist within the project budget to cover this overage MOTION Recommend Council acceptance of this project as complete S218th9arrisonwate=ain • Kent City Council Meeting Date May 21, 2002 Category Consent Calendar 1. SUBJECT: 272ND/277TH WETLAND MITIGATION IMPROVEMENTS — ACCEPT 2 SUMMARY STATEMENT: As recommended by the Public Works Committee, accept the 272nd/277th Wetland Mitigation Improvements project as complete and release retainage to Scarsella Brothers upon receipt of standard releases from the state and release of any liens. The original contract amount was $397,077.55. The final contract amount was $433,751.34 Adequate funds exist within the project budget to cover this overage. 3. EXHIBITS: Public Works Director memorandum 4 RECOMMENDED BY: Public Works Committee • (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS. 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION- ACTION: Council Agenda Item No 6G PUBLIC WORKS DEPARTMENT Don E Wtckstrom, P E Pubhc Works Director Phone Fax 253-856-6500 W wSHIHGTON Address 220 Fourth Avenue S Kent, WA 98032-5895 Date May 6 , 2001 To Publi Works Committee From Don lickstrom, Public Works Director SubDect 272nd/277th Wetland Mitigation Improvements The 272nd/277th Wetland Mitigation Improvements contract was awarded to Scarsella Brothers in the amount of $397 , 077 . 55 . The final construction cost was $433 , 751 . 34 . The overage on this pro] ect occurred because additional material was required during construction and also, it was necessary to rebuild the fish habitat which was in disrepair Adequate funds exist within the project budget to cover this overage MOTION Recommend Council acceptance of this proDect as complete . we tlandmitigationimprovements Kent City Council Meeting Date May 21, 2002 Category Consent Calendar 1. SUBJECT: WEST HILL TRAFFIC SIGNAL INTERCONNECT - ACCEPT 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, accept the West Hill Traffic Signal Interconnect project as complete and release retainage to Potelco, Inc. upon receipt of standard releases from the state and release of any hens. The original contract amount was $77,120.00. The final contract amount was $93,283.00. Funds within other projects have been re-shuffled to adequately cover this overage. 3. EXHIBITS: Public Works Director memorandum 4. RECOMMENDED BY: Public Works Committee is (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 EXPENDITURE REQUIRED: S SOURCE OF FUNDS 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: Is ACTION: Council Agenda Item No. 6H PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director • Phone 253-856-5500 KEN T Fax 253-856-6500 W ns r+ivcro� Address 220 Fourth Avenue S Kent, WA 98032-5895 Date May 6 , 2002 To Puhlli� Works Committee SJ From: Don Wickstrom, Public Works Director Subject : West Hill Traffic Signal Interconnect - Accept The West Hill Traffic Signal Interconnect contract was awarded to Potelco, Inc . in the amount of $77, 120 00 . The final construction cost was $93 , 283 00 We have re-shuffled funds within other projects (as noted in the attached memo) to adequately cover this overage . The Public Works Director recommends acceptance of this project . MOTION- Recommend Council acceptance of this project as complete . West HillTrafficsignalInterconnect COMMUNITY DEVELOPMENT Mike H Martin, Interim Chief Administrative Officer PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director one 253-856-5500 � 1cFNT PhFax 253856-6500 wws HiNcrou Address 220 Fourth Avenue S Kent,WA 98032-5895 Date August 10, 2001 To Don Wickstrom, Public Works Director From John Rostad, Signal Operations Engineer Through Steve Mullen, Transportation Engineering Manager Regarding Excess costs of West Hill Traffic Signal Interconnect Project This is to explain total billings that slightly exceed project funds for the referenced project Background The project was awarded to Potelco, Inc for $77,120 00 Funds available at start were $84,030 46 During the project construction some change orders became necessary 1 ) We lacked continuous existing conduit under driveways on Meeker Street (workaround cost $3810) 2 ) Original design included cable attachment to a pole near Lake Fenwick Road We were not initially aware that this is a Qwest pole and didn't notice it was also damaged Attaching to this pole would have introduced delay in the project by having to wait for the pole to be replaced and initiating an attachment/lease agreement We had Potelco install additional conduit over to the first PSE pole to complete this project on time (cost $3850) 3 ) Our previously installed conduit route near the intersection of Kent-Des Moines and Reith was bored too deep to allow easy connection to the signal at that intersection (to enable us to execute a joint operating agreement with WSDOT from 1996) We were able to make the connection a different way (cost $4163) All of these problems were unknown to us when the project was being designed The estimate for Traffic Control Labor hours on this project was 40 The actual total number of hours charged was 195 This item added $4340 to the job over the estimated amount This brings the project total to $93,283, including 5% retamage I suggest the following to cover the additional costs of this project 1 ) pay the additional traffic control costs and part of the Change Order costs from the remaining funds for this project ($6910 46) 2 ) The rest of the Change Order billings exceed project funding by $9252 54 I believe these could be charged to (R28, balance $75.000) Miscellaneous Intersection 5ignalizahon Attachments Kent City Council Meeting Date May 21, 2002 Category Consent Calendar 1. SUBJECT: S. 277TH/SE 274TH WAY CORRIDOR PROJECT - ACCEPT 2 SUMMARY STATEMENT: As recommended by the Public Works Committee, accept the S.277th/S.E.274th Way Corridor project as complete and release retainage to MKB Contractors upon standard releases from the state and release of any liens. The original contract amount was $8,519,365.32. The final contract amount was $11,244,093.95 or, $2,724,728.63 over As noted in the Public Works Director memorandum attached, several factors initiated this overage, most of it resulting from Metro asking to add work to the contract, which the City accommodated. Metro added $1,543,000 worth of work to the construction of their sewer dissipation structure as well as other miscellaneous items. Metro has paid the City for all costs attributable to this additional work. Adequate funds exist within the project budget to cover this overage. 3 EXHIBITS: Public Works Director memorandum 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCALIPERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION. ACTION: Council Agenda Item No. 6I PUBLIC WORKS DEPARTMENT Don E Wickstrotn, P E Public Works Director V K N T Phone 253-856-5500 Fax 253-856-6500 WASHINGTON Address 220 Fourth Avenue S Kent, WA 98032-5895 Date May 6, 2001 To Pub1�-c,Works Committee From Don Wickstrom, Public Works Director Subject S 277°h/S E 274`h Way Corridor Project - Accept The S 277°h/S E 274ih Way Corridor contract was awarded to MKB Contractors in the amount of $8,519, 365 32 This contract was for construction of the 108Ch Avenue Bridge and the Green River Bridge The final construction cost was $11,244, 093 95 or, $2, 724, 728 63 over Several items contributed to the overage of this project as listed below • Most of the overage was a result of Metro asking to add work to the contract for which the City accommodated Metro added $1, 543, 000 worth of work as attributed to the construction of their sewer dissipation structure and other miscellaneous items • PSE added both work and delay issues during installation of their undergrounding and our storm drainage system They have paid for the extra work ($29, 000) and the City will have to pursue a claim for the balances • As the result of the bridge settlement at Pier 1, an additional cost of $248,700 plus survey and engineering costs occurred Our engineering consultants contributed $100, 000 reimbursement towards same • Other major and unforeseen events, not normal on a project of this magnitude included girder modifications $62, 666, slope failure restoration from previous contracts ($51, 000) resulting from winter rains and added survey work contracted out for $58, 000 because our surveyors were too busy on other projects • Finally, we added new civil work to this contract (storm and road work $137, 733 00) which was part of another contract but was dropped from same and added here due to a timing issue All this work added together accounted for all of the overage except miscellaneous change orders and quantity overages in the amount of $535,320 00 which is 6 3% of the original contract It is not unusual to have 5% overage for this type of contract The Public Works Director recommends acceptance of this project MOTION Recommend Council acceptance of this project as complete MKB ® Kent City Council Meeting Date May 21, 2002 Category Consent Calendar 1 SUBJECT: SURFACE WATER DESIGN MANUAL - ORDINANCE 2. SUMMARY STATEMENT: Adoption of Ordinance No. relating to the City's Surface Water Design Manual ("Manual"). The ordinance would adopt the Manual to reduce public hazards due to floods, erosion and landslides and enhance public health, safety, and welfare. If approved, Section 5 of the Kent Construction Standards, which was adopted by Ordinance No. 3117, would be repealed as it pertains to standards for stormwater systems, which is incorporated into the Manual. 3. EXHIBITS: Public Works Director memorandum, ordinance and Executive Summary for the new Kent Surface Water Design Manual. (Note: The proposed City of Kent Surface Water Design Manual is available for inspection in the Council's office—2nd Floor City Hall) 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION ACTION: Council Agenda Item No. 6J PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director Phone 253-856-5500 KEN T Fax 253.856-6500 W ASXIX GTON Address 220 Fourth Avenue 5 Kent,WA 98032-5895 Date : May 6 , 2001 To: Public Works Committee From: Do\�Y�1}AWJ�ickstrom, Public Works Director Subject Proposed New City of Kent Surface Water Design Manual We have enclosed for your review and comment , the draft New City of Kent Surface Water Design Manual . The items attached include • Draft City of Kent Surface Water Design Manual • Executive Summary of the Proposed New Kent Surface Water Design Manual • Technical memorandum that provides a comparison of the proposed new Stormwater Standards with the current Stormwater Standards • A map (based on the technical memorandum) titled. "Change in Percent of Site Required for Stormwater Control from Current to Proposed Standards" • A table listing the status of Stormwater Manuals in South County jurisdictions • Two background articles - one published by the Washington State Department of Ecology and the other published by the U. S .EPA Bill Wolinski, Public Works Department Environmental Engineering Manager will make a presentation on this item and will be available to answer any questions the Committee may have . MOTION. Recommend Council authorization to adopt the appropriate ordinance establishing the New City of Kent Surface Water Design Manual surfacewaterdesignmanual , ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, repealing Section 5, entitled Standards for Stormwater Systems, of Ordinance No 3117, and adopting the Surface Water Design Manual dated February, 2002, to implement the policies codified in Chapters 7 05, 7 06 and 7 07 of the Kent City Code i WHEREAS, section five of the Kent Construction Standards entitled "Standards for Stormwater Systems", originally adopted by Ordinance No 3117 on May 18, 1993, has not been updated or amended since the date of adoption, and WHEREAS, the public health, safety, and welfare of the residents of the City of Kent require the proper design, construction, and maintenance of surface water and stormwater control systems, and WHEREAS, during the preparation of the Surface Water Design a Manual ("Manual"), staff met with the development community and a consulting firm and the manual was subject to the SEPA process, and WHEREAS, the Manual presents the City's strategy to reduce public hazards due to floods, erosion and landslides and enhance public health, safety, and welfare, better protects the City's environmental resources, specifically our native salmon, improves regulatory review by introducing more certainty in the 1 Surface Water Design Manual requirements, assists developers/engineers by providing more detailed information about how to analyze and design acceptable stormwater control systems, provides the City with the latest technology available for designing and constructing stormwater controls, and meets state and federal regulatory requirements for local municipalities under the Endangered Species Act and Clear Water Acts, and WHEREAS, on May 6, 2002, the Public Works Committee recommended the Manual for adoption by the City Council, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Section 5 of the Kent Construction Standards entitled "Standards for Stormwater Systems", which was originally adopted by Ordinance No 3117, is hereby repealed in its entirety, PROVIDED, that all other sectionb of the Kent Construction Standards adopted by Ordinance No 3117 shall remain in effect unless previously or hereafter amended or repealed SECTION 2. Adoption The Surface Water Design Manual attached hereto as Exhibit A to this Ordinance, is hereby adopted. SECTION 3. Severabihty If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance SECTION 4. Effective Date This ordinance shall take effect and be in force thirty(30) days from and after its passage as provided by law 2 Surface Water Design Manual PASSED at a regular open public meeting by the City Council of the City of Kent, Washington,this day of 2002 CONCURRED in by the Mayor of the City of Kent this day of , 2002 JIM WHITE, MAYOR ATTEST BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Ordinance No passed by the City Council of the City of Kent, Washington, the day of 12002 BRENDA JACOBER, CITY CLERK P\Civil\Ordiancc\SmfaccWamrD ignManualdoc I 3 Surface Water Design Manual Executive Summary Proposed New Kent Surface Water Design Manual What is the Surface Water Design Manual? Numerous streams and an extensive constructed stormwater system collect, store, convey and treat surface water in the City of Kent. Kent's streams support runs of fish and other aquatic life. They are also linked to wetlands, which provide additional biological function The constructed stormwater system includes pipes, stormwater control facilities, and outfalls that link the built drainage system to the natural drainage system. In addition, the City has constructed several larger regional facilities for flood control and water quality treatment throughout the City Urban development causes significant changes in stormwater quantity and quality as water runs over the land surface and through the built system to downstream receiving waters Water quality is affected when runoff collects pollutants Changes in the volumes and intensities of stormwater flows can alter streams by eroding channel beds and banks These changes can impact human health and welfare due to contact with polluted waters, loss of property due to erosion/landslides, and flooding. The Surface Water Design Manual contains the requirements and standards for designing surface and stormwater management systems in the City of Kent. The intent of these requirements and standards are to minimize potential impacts to human health and welfare and the environment resulting from changes to the surface water system associated with development The following are the major elements of the manual- Specific requirements to be met when developments are proposed are presented at the beginning of the manual (see page 5 1-12 in the Manual) These requirements vary depending on the type of development planned For example, stormwater quantity and quality control is generally required for all developments Single family residential projects can usually meet these requirements through dispersing or infiltrating runoff Larger subdivision and commercial developments are typically required to construct stormwater control systems to reduce quantity and quality impacts. • A detailed description of what documentation needs to be submitted to the Public Works department with the development proposal The documentation is provided to indicate how surface water will be handled on-site and how potential off-site impacts are to be adressed This documentation is called a "Drainage Plan". • Guidance for analyzing site-specific impacts to the surface water system and designing water quality, water quantity, and erosion and sediment controls • Example design plans and specifications that can be tailored to the site requirements How does the new Surface Water Manual differ from current Kent Stormwater Regulations? The proposed new Surface Water Manual will replace a portion of the City's Construction Standards. Different portions of these standards have been developed over many years, with the most recent revision occurring almost 10 years ago As a result, they are not up to date. The proposed new Surface Water Manual is based on King County's Manual, which was most recently updated in 1998. The King County manual is a regionally accepted document, and many local municipalities have adopted it (See attached table). It has also gone through extensive stakeholder review, including both environmental and development interests [Kent Public Works also solicited input from the development community by mailing draft copies of the proposed Kent Manual to 28 developers/engineers who regularly develop property in the City of Kent The same group was invited to a meeting to further discuss the new manual Four individuals attended.] Major differences in terms of what is regulated and how are as follows • A wider range of land development activities are included in the new manual This will help to reduce cumulative impacts. • Requirements are tailored to type of development and location in the City. For example, small residential developments will be allowed to 2 provide less complex and smaller scale systems, in line with the level of development These developments will not require engineered designs Developments draining to specific existing and planned regional facilities will be exempt from certain stormwater requirements • Larger ponds will be required. Stormwater runoff from development sites is typically routed to a pond constructed on the site These ponds collect runoff and meter out flows to the downstream system in a more con'-rolled fashion Improvements in our understanding of how these ponds work and updated tools for designing them have resulted in an understanding that many of the ponds previously designed were not adequately sized to prevent downstream flooding and erosion As a result, pond volumes are expected to increase by 1.25 to 4.3 times. • More advanced water quality treatment will be required We have increased our understanding of the types of pollutants generated by urban land uses and their affect on the natural environment At the same time, the technology available to remove these pollutants has improved and become more widely available These improved water quality facilities will serve to better protect beneficial uses of our regional streams for water supply, fish habitat, and recreational use. These improved water quality facilities are also associated with increased site area needs. • Submittal requirements will be more comprehensive and clear. The new manual is more detailed and comprehensive in providing guidance in terms of analysis, design, and submittal requirements. This will help to alleviate questions on the part of the developer and developer's engineer and improve the permit review process. Many developers and engineers are already familiar with the King County Manual. Kent Public Works completed a separate study to evaluate the potential impact of the new requirements in terms of the site area that will need to be set aside for stormwater facilities The evaluation was completed for several different land use scenarios A copy of that study and an associated map showing how different areas of the City will be affected is included with this executive summary. 3 Why Do It? The following are the reasons why the new Surface Water Design Manual is proposed The now Manual will • Further reduce public hazards due to flooding, erosion and landslidmg and enhance public health. • Better protect the City's environmental resources, specifically our native salmon • Improve regulatory review by introducing more certainty in the requirements • Assist developers/engineers with better documentation about how to analyze and design acceptable stormwater control systems • Keep the City up-to-date with the latest technology available for designing and constructing stormwater controls • Meet state and federal regulatory requirements for local municipalities under the Endangered Species Act and Clean Water Acts 4 Appendix A: Sections Chapter 90.71 RCW 9071005 Findings Puions et Sound 907100 Puget Sou g 9071020 P Puget Sound action team Water Quality 1111030 Puget Sound council 9011 1140 Chair of action team Protection 9071050 Work plans 9071 060 Puget Sound research and monitoring 90 71 070 Work plan implementation (As amended in 1999) 90 71 080 Public participation 9071 090 Senior environmental corps—Authority powers and duties 9071 900 Short title-1996 c 138 9071 901 Captions not law 90 71 902 Implementation and requirements of plan not affected by repeal-1990 c 115 9071 903 Transfer of powers,duties,and functions—References to executive director or Puget Sound water quality authority 10 Rule Making RCW 90,71.005 Findings. water quality of Puget Sound have diverse interests (1)The legislature finds that and hmited jurisdictions that cannot adequately address the cumulative,wide-ranging impacts that (a) Puget Sound and related inland marine contribute to the degradation of Puget Sound, and waterways of Washington state represent a unique and unparalleled resource A rich and varied range (d) Coordination of the regulatory programs, at of marine organisms, comprising an interde- the state and local level,is best accomplished pendent,sensitive communal ecosystem reside in through the development of interagency mecha- these sheltered waters Residents of this region nisms that allow these entities to transcend their enjoy a way of life centered around the waters of diverse interests and limited jurisdictions Puget Sound,featuring accessible recreational (2) It is therefore the policy of the state of opportunities,world-class port facilities and water Washington to coordinate the activities of state and transportation systems, harvest of marine food local agencies by establishing a biennial work plan resources,shoreline-oriented life styles, that clearly delineates state and local actions neces- water-dependent industries, tourism, irreplaceable sary to protect and restore the biological health and aesthetics, and other activities, all of which to some diversity of Puget Sound It is further the policy of degree depend upon a clean and healthy marine the state to implement the Puget Sound water qual- resource, ity management plan to the maximum extent pos- (b)The Puget Sound water quality authority has sible To further the policy of the state,a recovery done an excellentjob in developing a comprehen- plan developed under the federal endangered sive plan to identify actions to restore and protect species act for a portion or all of the Puget Sound the biological health and diversity of Puget Sound, shall be considered for inclusion into the Puget Sound water quality management plan [1996 c 138 (c)The large number of governmental entities 11 1998] that now have regulatory programs affecting the 131 2000 Puget Sound Water Quality Management Plan RCW 90.71.010 Definitions. chair as provided in RCW 90 71040, Unless the context clearly requires otherwise, the (d) Coordinate permitting requirements as nec- definrtions in this section apply throughout this essary to expedite permit issuance for any local chapter watershed plan developed pursuant to rules adopt- (1) "Action team" means the Puget Sound water ed under this chapter, quality action team (e) Identify and resolve any policy or rule con- (2) "Chair" means the chair of the action team fhcts that may exist between one or more agencies (3) "Council" means the Puget Sound council represented on the action team, created in RCW 90 71 030 (f) Periodically amend the Puget Sound man- agement plan, (4) "Puget Sound management plan" means the � Enter into, amend, and terminate contracts as it Pugs[Sound water quality management plan a with individuals,corporations,or research mstrtu- it exists June 1996,and as subsequently bons for the purposes of this chapter, amended by the action team p � ter,P (5) "Support staff" means the staff to the action (h) Receive such gifts,grants, and endowments, team in trust or otherwise,for the use and benefit of the purposes of the action team The action team may (6) "Work plan" means the work plan and budg- expend the same or any income therefrom accord- et developed by the action team [I996 c 138°2 ] ing to the terms of the gifts,grants, or endowments, (i) Promote extensive public participation, and RCW 90.71.020 Puget Sound action team. otherwise seek to broadly disseminate information (1)The Puget Sound action team is created The concerning Puget Sound, action team shall consist of The directors of the 0) Receive and expend funding from other pub- departments of ecology,agriculture,natural lic agencies, resources, fish and wildlife, and community, trade, (k)To reduce costs and improve efficiency, and economic development,the secretaries of the review by December 1, 1996,all requirements for departments of health and transportation, the reports and documentation from state agencies and director of the parks and recreation commission, local governments specified in the plan for the pur- the director of the interagency committee for out- pose of eliminating and consolidating reporting door recreation,the administrative officer of the requirements,and conservation commission designated in RCW 89 08 050,one person representing cities,appoint- s h Beginning in December 1998,and every two years thereafter,submit a report to the appropriate ed by the governor, one person representing coun- policy and fiscal committees of the legislature that ties,appointed by the governor,one person repre- describes and evaluates the successes and short- senting federally recognized tribes, appointed by comings of the current work plan relative to the pri- the governor, and the chair of the action team The onty problems identified for each geographic area action team shall also include the following ex offs- of Puget Sound cio nonvoting members The regional director of the United States environmental protection agency, (3) By July 1, 1996,the action team shall begin the regional administrator of the national marine developing its initial work plan,which shall include fisheries service, and the regional supervisor of the the coordination of necessary support staff United States fish and wildlife service The mem- (4)The action team shall incorporate,to the bers representing cities and counties shall each be maximum extent possible, the recommendations of reimbursed for travel expenses as provided in RCW the council regarding amendments to the Puget 43 03 050 and 43 03 060 Sound management plan and the work plan (2)The action team shall (5) All proceedings of the action team are sub- (a) Prepare a Puget Sound work plan and budg- Ject to the open public meetings act under chapter et for inclusion in the governor's biennial budget, 42 30 RCW [1996 c 138 3, 1998] (b) Coordinate monitoring and research pro- grams as provided in RCW 90 71 060, (c)Work under the direction of the action team 132 APPENDIX A Chapter 90.71 RCW—Puget Sound Water Quality Protection RCW 90.71.030 Puget Sound council, team The chair shall serve at the pleasure of the (1)There is established the Puget Sound coun- governor cil composed of eleven members Seven members (2) The chair shall be responsible for shall be appointed by the governor In making these (a) Organizing the development of the council appointments, the governor shall include represen- recommendations, tation from business,the environmental com- (b) Organizing the development of the work munity,agriculture, the shellfish industry,counties, plan required under RCW 90 71050, cities,and the tribes Two members shall be mem- bers of the senate selected by the president of the (c) Presenting work plan and budget recom- senate with one member selected from each caucus mendations to the governor and the legislature, in the senate,and two members shall be members (d) Overseeing the implementation of the ele- of the house of representatives selected by the ments of the work plan that receive funding speaker of the house of representatives with one through appropriations by the legislature,and member selected from each caucus in the house of (e) Serving as chair of the council representatives The legislative members shall be nonvoting members of the council Appointments ti The chair e the action team shall be a to the council shall reflect geographical balance full-time employee responsible for the and the ra- and the diversity of population within the Puget council, ci all functions of the action team and the Sound basin Members shall serve four-year terms council, including hiring and terminating support Of the initial members appointed to the council, staff, budget goverprepnor, theon,contracting, coordinating with the governor, the legislature, and other state two shall serve for two years, two shall serve for and local entities, and the delegation of responsibil- three years,and two shall serve for four years ities as deemed appropriate The salary of the chair Thereafter members shall be appointed to four-year shall be fixed by the governor, subject to RCW terms Vacancies shall be filled by appointment in 43 03 040 [1996 c 138 5 ] the same manner as the original appointment for the remainder of the unexpired term of the position being vacated Nonlegislative members shall be NOTES Effective date-1996 c 138 5 "Section 5 reimbursed for travel expenses as provided in RCW of this act is necessary for the immediate preserva- 43 03 050 and 43 03 060 Legislative members shall tion of the public peace, health,or safety, or sup- be reimbursed as provided in RCW 44 04 120 port of the state government and its existing public (2)The council shall institutions, and shall take effect immediately (a) Recommend to the action team projects and [March 25, 1996] ' [1996 c 138 19] activities for inclusion in the biennial work plan, (b)Recommend to the action team coordina- RCW 90.71.050 Work plans. tion of work plan activities with other relevant (1)(a) Each biennium,the action team shall activities, including but not limited to, agencies' prepare a Puget Sound work plan and budget for activities other than those funded through the plan, inclusion in the governor's biennial budget The local plan initiatives,and governmental and work plan shall prescribe the necessary federal, nongovernmental watershed restoration and pro- state,and local actions to maintain and enhance tection activities, and Puget Sound water quality, including but not limit- (c) Recommend to the action team proposed ed to, enhancement of recreational opportunities, amendments to the Puget Sound management and restoration of a balanced population of indige- plan nous shellfish,fish, and wildlife The work plan and (3)The chair of the action team shall convene budget shall include specific actions and projects the council at least four times per year and shall pertaining to salmon recovery plans jointly convene the council and the action team at (b)In developing a work plan, the action team least two times per year [1999 241 3] shall meet the following objectives (1) Use the plan elements of the Puget Sound management plan to prioritize local and state RCW 90.71.040 Chair of action team, actions necessary to restore and protect the biologi- (1) By June 1, 1996, the governor shall appoint a cal health and diversity of Puget Sound, person in the governor's office to chair the action 133 2000 Puget Sound Water Quality Management Plan (u) Consider the problems and priorities identi- (4) The work plan shall be implemented consis- fied ip local plans,and tent with the legislative provisos of the biennial (m) Coordinate the work plan activities with appropriation acts [1996 c 138 6 , 19981 other relevant activities,including but not limited to,agencies' activities that have not been funded RCW 90.71.060 Puget Sound research and through the plan,local plans, and governmental monitoring. and nongovernmental watershed restoration activi- ties In addition to other powers and duties specified in (c) In developing a budget,the action team this chapter,the action team shall ensure imple- shall identify mentation and coordination of the Puget Sound ambient monitoring program established in the (i)The total funds to implement local projects originating from the planning process developed Puget Sound management plan The program shall for nonpomt pollution,and include, at a minimum (1) A research program,including but not limit- (u)The total funds to implement any other projects designed primarily to restore salmon habi- ti to methods to provide current research establish a- tat on to managers and scientists, and to establish priorities based on the needs of the action team, (2) In addition to the requirements identified under RCW 90 71 020(2)(a), the work plan and monitoring program,including baselines, budget shall protocols,guidelines,and quantifiable perform- ance measures In consultation with state agencies, (a) Identify and prioritize the local and state local and tribal governments, and other public and actions necessary to address the water quality private interests, the action team shall develop and problems in the following locations track quantifiable performance measures that can (i) Area 1 Island and San Juan counties, be used by the governor and the legislature to (u) Area 2 Skagit and Whatcom counties, assess the effectiveness over time of programs and actions initiated under the plan to improve and (iii) Area 3 Clallam and Jefferson counties, protect Puget Sound water quality and biological (iv) Area 4 Snohomish,King,and Pierce coun- resources The performance measures shall be ties, and developed by June 30, 1997 The performance mea- (v)Area 5 Kitsap,Mason,and Thurston counties, sures shall include, but not be limited to a method- (b) Provide sufficient funding to characterize ology to track the progress of Fish and wildlife local watersheds, provide technical assistance,and habitat,sites with sediment contamination,wet- implement state responsibilities identified in the lands,shellfish beds, and other key indicators of work plan The number and qualifications of staff Puget Sound health State agencies shall assist the assigned to each region shall be determined by the action team in the development and tracking of types of problems identified pursuant to (a) of this these performance measures The performance subsection, measures may be limited to a selected geographic ] (c) Provide sufficient funding to implement and area [1996 c 138 7 coordinate the Puget Sound ambient monitoring plan pursuant to RCW 90 71060, RCW 90.71.070 Work plan implementation. (d) Provide funds to assist local jurisdictions to (1) Local governments are required to imple- implement elements of the work plan assigned to ment local elements of the work plan subject to the local governments and to develop and implement availability of appropriated funds or other funding local plans, sources (e) Provide sufficient funding to provide sup- (2)The council shall review the progress of port staff for the action team,and work plan implementation Where prescribed (f) Describe any proposed amendments to the actions have not been accomplished in accordance Puget Sound management plan with the work plan, the responsible agency shall (3) The work plan shall be submitted to the submit to the council written explanations for the appropriate policy and fiscal committees of the leg- shortfalls, together with proposed remedies [1996 c islature by December 20th of each even-numbered 13881 year 134 APPENDIx A.Chapter 90.71 RCW—Puget Sound Water Quality Protection RCW 90.71.080 Public participation.The Sound water quality protection act [1996 c 138 15 chair of the action team shall hold public hearings to solicit public comment on the work plan [1996 c RCW 90.71.901 Captions not law. 13891 Captions used in this chapter do not constitute any RCW 90.71.090 Senior environmental part of the law [1996 c 138 14 1 corps—Authority powers and duties. RCW 90.71.902 Implementation and (1) The*Puget Sound water quality authority shall requirements of plan not affected by have the following powers and duties in carrying eat-1990 c 115. out its responsibilities for the senior environmental re P corps created under RCW 43 63A 247 Nothing in RCW 43 131 370 shall affect the imple- Appoint a representative to the coordinating mentation and requirements of the Puget Sound council, water quality management plan existing on June 30, 1995, or such other effective date of repeal of Develop protect proposals, the laws referenced in RCW 43 131 370 The imple- Admmister project activities within the agency, mentation of the plan on and after that date shall Develop appropriate procedures for the use of be the responsibility of such entities as are provided volunteers, by the legislature [1990 c 115 13 Formerly RCW Provide project orientation, technical training, 90 70 902 1 safety training, equipment, and supplies to carry out RCW 90.71.903 Transfer of powers,duties, project activities, and functions—References to executive Maintain project records and provide project director or Puget Sound water quality reports, authority. Apply for and accept grants or contributions for (1)The powers,duties, and functions of the Puget corps approved projects, and Sound water quality authority pertaining to the With the approval of the council,enter into cleanup and protection of Puget Sound are trans- memoranda of understanding and cooperative ferred to the Puget Sound action team All refer- agreements with federal,state, and local agencies ences to the executive director or the Puget Sound to carry out corps approved projects water quality authority in the Revised Code of (2)The authority shall not use corps volunteers Washington shall be construed to mean the chair of to displace currently employed workers [1992 c 63 the action team or the action team when referring 15 Formerly RCW 90 70 027 1 to the functions transferred in this section (2)(a) All reports, documents, surveys, books, NOTES *Reviser's note The Puget Sound water records, files, papers, or written material in the quality authority and its powers and duties, pur- possession of the authority pertaining to the pow- scant to the Sunset Act, chapter 43 131 RCW,were ers, functions, and duties transferred shall be dehv- termmated June 30, 1995,and repealed June 30, ered to the custody of the action team All cabinets, 1996 See 1990 c 115 11 and 12 Powers,duties, and furniture,office equipment, motor vehicles and functions of the Puget Sound water quality author- other tangible property employed by the authority ty pertaining to cleanup and protection of Puget in carrying out the powers, functions, and duties Sound transferred to the Puget Sound action team transferred shall be made available to the action by 1996 c 138 11 See RCW 90 71 903 team All funds, credits, or other assets held in con- nection with the powers, functions, and duties 63A transferred shall be assigned to the action team RCW 43 3A 240 Sevey-1992 c 63 See note following (b) Any appropriations made to the authority for carrying out the powers, functions, and duties transferred shall, on June 30, 1996, be transferred RCW 90.71.900 Short title-1996 a 138. and credited to the action team This act may be known and cited as the Puget (c)Whenever any question arises as to the 135 2000 Puget Sound Water Quality Management Plan transfer of any personnel,funds,books docu- ments,records,papers,files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial man- agement shall make a determination as to the proper allocation and certify the same to the state agencies concerned (3) All rules and all pending business before the authority pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the action team All existing contracts and obligations shall remain in full force and shall be performed by the action team (4)The transfer of the powers,duties, functions, and personnel of the authority shall not affect the validity of any act performed before June 30, 1996 (5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the cer- tification [1996 c 138 111 [The following section is in statute but has not been codified into Chapter 90 71 RCW] Sec.10.RULE MAKING. By January 1, 1997, the action team shall adopt chapter 400-12 WAC with revisions that (1) Direct counties to develop a prioritized list of watershed improvement projects,and (2) Identify all funding sources that can be used to implement local plans [1996 c 1381 136 ti ; T E C 0 L 0 G I Stormwater Management Manual for Western Washington Volume I - Minimum Technical Requirements and Site Planning Volume II - Construction Stormwater Pollution Prevention Volume III - Hydrologic Analysis and Flow Control Design/BMPs Volume IV - Source Control BMPs Volume V - Runoff Treatment BMPs Prepared by Washington State Department of Ecology Water Quality Program August 2001 Publication Numbers 99-11 through 99-15 40 (Replaces Publication Number 91-75) AM t$$I Printed on Recycled Papet 1.6.1 The Puget Sound Water Quality Management Plan Stormwater Comprehensive Programs The Puget Sound Water Quality Management Plan (the Plan) directs every city and county in the Puget Sound Basin to develop and implement a comprehensive stormwater management program The Plan recognizes that stormwater programs will vary among jurisdictions, depending on the jurisdiction's population, density, threats posed by stormwater, and results of watershed planning efforts Under the Plan, cities and counties are encouraged to form intergovernmental cooperative agreements in order to pool resources and carry out program activities most efficiently Comprehensive stormwater management programs under the Plan are to include • Stormwater Controls for New Development and Redevelopment — Local governments are directed to adopt ordinances that require the use of best management practices (BMPs) to control stormwater flows, provide treatment, and prevent erosion and sedimentation from all new development and redevelopment projects They are also directed to adopt and require the use of Ecology's stormwater technical manual (or an approved alternative manual) to meet these objectives All new development in the basin, particularly new development sited outside of urban growth areas, are to seek to achieve no net detrimental change in natural surface runoff and infiltration • Stormwater Site Plan Review— Local governments are directed to review new development and redevelopment projects to ensure that stormwater control measures are adequate and consistent w ith local requirements • Inspection of Construction Sites—Local governments are directed to regularly inspect construction sites and to adopt ordinances to ensure clear authority to inspect construction sites, to require maintenance of BMPs, and to enforce violations They are also directed to provide local inspectors with training on erosion and sediment control practices • Maintenance of Permanent Facilities—Local governments are directed to adopt ordinances that require all permanent stormwater facilities to be regularly maintained to ensure performance They are also directed to develop necessary provisions, such as agreements or maintenance contracts, to ensure that facilities on private land (e g , residential subdivisions and commercial complexes) are maintained The Plan directs local government to provide training for professionals who maintain stormwater facilities August 2001 Volume 1— Minimum Technical Requirements 1-7 • Source Control—Local governments are directed to develop and implement a program to control sources of pollutants from new development and redevelopment projects and from existing developed lands, using BMPs from Ecology's stormwater technical manual, or an equivalent manual Source control activities are to include pollution from roadways and landscaping activities. Integrated pest management practices are to be used to manage roadside vegetation • Illicit Discharges and Water Quality Response—Local governments are directed to adopt ordinances to prohibit dumping and illicit discharges and to carry out activities to detect, eliminate and prevent illicit discharges, and respond to spills and water quality violations. • Identification and Ranking of Problems—The Plan directs local government to identify and rank existing problems that degrade water quality, aquatic species and habitat, and natural hydrologic processes Local governments may choose to achieve this through watershed or basin planning or another process Local governments are directed to conduct a hydrologic analysis and map stormwater drainages, outfalls, and impervious surfaces by watershed and to develop plans and schedules and identify funding to fix the problems • Public Education and Involvement—The Plan directs local government to educate and involve citizens, businesses. elected officials, site designers, developers, builders and other members of the community to build awareness and understanding of stormwater and water quality issues. Local governments are to provide practical alternatives to actions that degrade water quality and biological resources • Low Impact Development Practices—Local governments are directed to adopt ordinances that allow and encourage low impact development practices These are practices that infiltrate stormwater (using proper safeguards to protect ground water) on-site rather than collecting, conveying and discharging stormwater off-site The goals of low impact development practices are to enhance overall habitat functions, reduce runoff, recharge aquifers, maintain historic in-stream flows and reduce maintenance costs • Watershed or Basin Planning—The Plan directs local government to participate in watershed or basin planning processes, such as planning under Chapter 400-12 WAC or Chapter 90 82 RCW The objective is to coordinate efforts, pool resources, ensure consistent methodologies and standards, maintain and restore watershed health, and protect and enhance natural hydrology and processes - including natural surface runoff, infiltration and evapotranspiration Basin plans are to address water quality, aquatic habitat, ground water recharge and water re-use 1-8 Volume !— Minimum Technical Requirements August 2001 Basin plans may prescnbe stronger stormwater management measures to protect sensitive resources in a certain basin or sub-basin Stormwater management measures in all basins are to at least meet the minimum requirements of Ecology's technical manual Cities and counties are directed to incorporate recommendations from watershed or basin plans and specific requirements from Total Maximum Daily Load (TMDL) Water Cleanup Plan processes into their stormwater programs, land use comprehensive plans and site development ordinances • Funding— The Plan directs local government to create local funding capacity, such as a utility, to ensure adequate, ongoing funding for program activities and to provide funding to contribute to regional stormwater projects • Monitoring—The Plan directs local government to monitor program implementation and environmental conditions and trends over time to measure the effectiveness of program activities Local governments are directed to periodically share monitonng results with local and state agencies, citizens and others Stormwater Technical Manual The Plan states that"A single technical stormwater manual for the region provides uniform standards and a central repository for BMPs" The Plan directs Ecology to maintain the region's technical stormwater manual for new development and redevelopment Publication of this manual partially fulfills Ecology's responsibilities under the Puget Sound Water Quality Management Plan Alternative Technical Manuals Cities and counties that choose to develop an alternative technical manual are directed to submit their manual to Ecology The submittal is to include an outline of significant differences between the manuals and demonstrate how the alternative manual is substantively equivalent to Ecology's The Plan directs Ecology to work with Jurisdictions to ensure that all alternative manuals meet or exceed the standards in Ecology's technical manual Jurisdictions choosing to develop an alternative manual are directed to use Ecology's technical manual in the interim Ecology published guidance for equivalency reviews ("Guidance for Local Governments When Submitting Manuals and Associated Ordinances for Equivalency Review," 3/94, Publication#94-45) The criteria in that guidance are replaced with the following criteria 1 The Minimum Requirements (Chapter 2) for new development and redevelopment, or their equivalents, must be included in ordinance or enforceable rules adopted by the local government More stringent August 2001 Volume I— Minimum Technical Requirements 1-9 requirements may be used, and/or the Minimum Requirements may be tailored to local circumstances through the use of basin plans or other similar water quality and quantity planning efforts 2 The thresholds for and definitions of new development, redevelopment, land disturbing activities, impervious surfaces, maintenance, and pollution-generating surfaces should provide equivalent protection of receiving waters or equivalent levels of pollution treatment as those provided by Ecology's criteria 3 The substantially equivalent manual must include BMP selection and site planning processes that have outcomes that provide equivalent or greater protection to those in Ecology's manual 4 The types of BMPs and design criteria for those BMPs specified by local governments must provide equivalent or greater protection than those contained in Volumes II through V of Ecology's manual 5 Adjustment and Variance criteria similar to those in Volume I must be included Where Ecology is uncertain that a local government requirement provides equivalent or better protection, it may provisionally approve the local requirement The provisions would require the local government to implement an approved monitoring effort to assess the performance of the local requirement Ecology has used bold highlighting of statements in Chapter 2 of Volume I for which local governments must have equivalent statements if they are to comply with cntena 1,2, and 5 above 1.6.2 Phase I - NPDES and State Waste Discharge Stormwater Permits for Municipalities Certain municipalities and other entities are subject to permitting under the U S Environmental Protection Agency (EPA) Phase I Stormwater Regulations (40 CFR Part 122) In Western Washington, Ecology has issued joint NPDES and State Waste Discharge permits to regulate the discharges of stormwater from the municipal separate storm sewer systems operated by the following cities and counties • Clark County, • King County, • Pierce County, • Snohomish County, • Seattle, and • Tacoma 1-10 Volume 1— Minimum Technical Requirements August 2001 The Washington Department of Transportation is also a Phase I municipal stormwater permittee for its stormwater discharges within the Jurisdictions of the above cities and counties As a condition (Special Condition S7 b.8 a ) of the permits issued in July 1995. these entities are required to implement stormwater programs that must include " ordinances (except WSDOT's program), minimum requirements and best management practices (BMPs) equivalent to those found in Volumes I-IV of Ecoloey's Stormwater Management Manual for the Puget Sound Basin (1992 edition, and as amended by its replacement) These entities had until the end of the permit terms, July 2000 to comply with this requirement Ecology has administratively extended these municipal permits until it can reissue updated permits In the reissued permits, Ecology intends to include a special condition similar to the above with a reference to this updated stormwater manual Ecology will also add a deadline or deadlines within the term of the permit for compliance with the condition 1.6.3 Phase 11 - NPDES and State Waste Discharge Stormwater Permits for Municipalities The EPA adopted Phase II stormwater regulations in December 1999 Those rules identify additional municipalities as subject to NPDES municipal stormwater permitting requirements An initial estimate is that 78 municipalities will be subject to the requirements, and 13 additional municipalities may be subject to the requirements, depending upon an analysis that Ecology must perform These Phase II permits must be issued by December 2002 The Phase II communities must submit their stormwater programs to comply with permit requirements by March 2003 The proposed regulations specify minimum measures for the stormwater programs developed to comply with the Phase II permits One of those measures is the adoption of a program for "post-construction stormwater management in new development and redevelopment " Another is a program for "construction site stormwater runoff control " To at least partially fulfill these requirements, Ecology intends to require the Phase II municipalities in Western Washington to adopt ordinances, minimum requirements, and BMPs equivalent to those in this updated manual Essentially, this would be the same permit condition as currently required of the Phase I municipalities However, a different schedule for compliance maybe necessary for some municipalities Municipalities within the Puget Sound Basin should have already completed these tasks August 2001 Volume I— Minimum Technical Requirements 1-11 as required by the Puget Sound Water Quality Management Plan, and as encouraged by the State's strategy for salmon recovery. 1.6.4 Municipalities Not Subject to the Puget Sound Water Quality Management Plan nor NPDES Stormwater Permits for Municipalities Municipalities not subject to the Puget Sound Plan nor NPDES stormwater permits for municipalities are encouraged to adopt stormwater programs at least equivalent to the Puget Sound Basic Stormwater Program. This would include adoption of ordinances, minimum requirements described in the 1994 Puget Sound Plan, and BMPs equivalent to those in Ecology's manual. Any municipalities in areas where urban stormwater has been identified as a limiting factor to salmon recovery are expected to have an equivalent stormwater manual as part of a Comprehensive Stormwater Program as defined by the Puget Sound Water Quality Management Plan 1.6.5 Industrial Stormwater Permit (i.e. NPDES and State Waste Discharge Baseline General Permit for Stormwater Discharges Associated With Industrial Activities) Businesses subject to the Baseline General Permit for Stormwater Discharges Associated With Industrial Activities have to prepare and implement a Stormwater Pollution Prevention Plan in accordance with the terms of that permit The permit issued in November 2000 requires a description and implementation of generic 'operational BMPs" (the same category of BMPs referred to as operational source control BMPs in this manual), and "source control BMPs" (the same category of BMPs referred to as "structural source control" BMPs in this manual) from Volume IV of Ecology's Stormwater Management Manual for Western Washington (SWMM). Additionally, application of erosion and sediment control BMPs, flow control BMPs and treatment BMPs from the SWMM and other published guidance is required if necessary to address an erosion, flow, or pollution problem. The permit requires selection of BMPs from "the most recent published edition of the SWMM, or other equivalent manuals, available at least 120 days before the selection of the BMPs is necessary " This language will likely be included in all future revisions of this permit so that new facilities and facilities implementing new BMPs are always using the most current guidance on managing stormwater. Although this permit does not expire until November 2005, Ecology has begun an examination of the industrial stormwater general permit and expects to issue a revised permit by March 2003. That revised permit will incorporate identified changes and implement applicable EPA Phase II regulations Ecology anticipates that the permit will continue to focus on 1-12 Volume I— Minimum Technical Requirements August 2001 developing and implementing stormwater pollution prevention plans, with BMPs adequate to protect beneficial uses of the waters of the state 1.6.6 Construction Stormwater Permit (i.e. NPDES and State Waste Discharge General Permit for Stormwater Discharges Associated With Construction Activity) Construction sites that will disturb five acres or more and will have a discharge of stormwater from the project site to surface water must apply for Ecology's construction stormwater permit The permit requires application of stabilization and structural practices to reduce the potential for erosion and the discharge of sediments from the site The stabilization and structural practices cited in the permit are similar to the minimum requirements for sedimentation and erosion control in Volume I of the SWMM. The permit also requires construction sites within the Puget Sound basin to "select from BMPs described in Volume II of the most recent edition of Ecology's Stormwater Management Manual (SWMM) that has been available at least 120 days prior to the BMP selection " Sites outside the basin are required to select BMPs from the manual, from the Erosion and Sediment Control Handbook, by Goldman et al, or to select other appropriate BMPs The permit also states that where Ecology has determined that the local government requirements for construction sites are at least as stringent as Ecology's, Ecology will accept compliance with the local requirements The existing construction stormwater general permit expires in November 2005 However, Ecology has begun a thorough examination of the construction stormwater general permit and expects to issue a revised permit by March 2003 This revised permit will incorporate identified changes and implement applicable EPA Phase II regulations Ecology anticipates that this permit will require western Washington sites to apply the appropriate BMPs listed in the current version of the western Washington stormwater management manual A separate manual will be developed for eastern Washington and eastern Washington sites will be expected to implement BMPs identified in that manual, or an equivalent manual The EPA Phase II stormwater regulations require construction sites of one acre and larger to apply for an NPDES permit, effective March 2003 There is greater flexibility on options for implementing coverage for sites under five acres. Ecology has not determined ho" it will implement coverage for these small construction sites, but any strategy must require implementation of those BMPs necessary to protect the beneficial uses of surface water 1.6.7 Endangered Species Act With the listing of multiple species of salmon as threatened or endangered across much of Washington State. and the probability of more listings in August 2001 Volume !— Minimum Technical Requirements 1-13 the future, implementation of the requirements of the Endangered Species Act will have a dramatic effect on urban stormwater management The manner in which that will occur is still evolving Provisions of the Endangered Species Act that may apply directly to stormwater management include the Section 4(d)rules, Section 7 consultations, and Section 10 Habitat Conservation Plans (HCP) Under Section 4(d) of the statute, the federal government issues regulations to provide for the conservation of the species. A 4(d) rule may require new development and redevelopment to comply with specific requirements It remains to be seen whether the federal government will cite the requirements of this manual in a 4(d) rule Under Section 7 of the statute, all federal agencies must insure that any action they authorize, fund, or carry out is not likely to jeopardize the continued existence of any endangered or threatened species (or a species proposed for listing), nor result in the destruction or adverse modification of designated critical habitat The responsibility for initially determmmg whether jeopardy is likely to occur rests with the "action" agency. If an action "may affect" a listed species, the "action" agency must consult with the National Marine Fisheries Service (NMFS), or the U.S Fish and Wildlife Service (USFWS) depending on the species involved, to determine whether jeopardy is likely to occur Where NMFS or USFWS believes thatjeopardy would result, it must specify reasonable and prudent alternatives to the action that would avoid jeopardy if any such alternatives are available. If the "action" agency rejects these, the action cannot proceed This manual may playa role in these jeopardy decisions and the alternatives cited to avoidjeopardy Under Section 10 of the ESA, through voluntary agreements with the federal government that provide protections to an endangered species, a non-federal applicant may commit an "incidental take" of individuals of that species as long as it is incidental to an otherwise lawful activity (such as developing land or building a road) This provision of the ESA may help resolve conflicts between development pressures and endangered species protection A "Habitat Conservation Plan" (HCP) is an example of this type of agreement Under an HCP. the applicant's plan must • Outline the impact that will likely result from the taking, • List steps the applicant will take to minimize and mitigate such impacts, and funding available to implement such steps, and • Include alternative actions the applicant considered and reasons alternative acts are not being used The federal government may grant a permit if it finds that the taking will be incidental, the applicant will minimize and mitigate impacts of taking, and the applicant will ensure that adequate funding for the conservation 1-14 Volume t— Minimum Technical Requirements August 2001 plan will be provided The USFNA'S and NMFS mad require additional measures as necessary or appropriate for purposes of the plan This manual may play a key role in any proposed Habitat Conservation Plans 1.6.8 Section 401 Water Quality Certifications For projects that require a fill or dredge permit under Section 404 of the Clean Water Act Ecology must certify to the permitting agency, the U S Army Corps of Engineers, that the proposed project will not violate water quality standards In order to make such a determination, Ecology may do a more specific review of the potential impacts of a stormw ater discharge from the construction phase of the project and from the completed project As a result of that review. Ecology may condition its certification to require • Application of the minimum requirements and BMPs in this manual, or • Application of more stringent requirements 1.6.9 Hydraulic Project Approvals (HPAs) Under Chapter 77 55 RCW, the Hydraulics Act, the Washington State Department of Fish and Wildlife has the authority to require actions when stormwater discharges related to a project would change the natural flow or bed of state waters The implementing mechanism is the issuance of a Hydraulics Project Approval (HPA) permit Jb exercising this authority, Fish and Wildlife may require • Compliance with the provisions of this manual, or • Application of more stringent requirements that they determine are necessary to meet their statutory obligations to protect fish and wildlife 1.6.10 Aquatic Lands Use Authorizations The Department of Natural Resources (DNR), as the steward of public aquatic lands, may require a stormwater outfall to have a valid use authorization, and to avoid or mitigate resource impacts Through its use authorizations, which are issued under authority of Chapter 79 90 through 96, and in accordance with Chapter 332-30 WAC, DNR may require • Compliance with the provisions of this manual, or • Application of more stringent requirements that they determine are necessary to meet their statutory obligations to protect the quality of the state's aquatic lands August 2001 Volume !— Minimum Technical Requirements 1-15 1.6.11 Requirements Identified through Watershed/Basin Planning or Total Maximum Daily Loads A number of the requirements of this manual can be superseded by the adoption of ordinances and rules to implement the recommendations of watershed plans or basin plans Local governments may initiate their own watershed or basin planning processes to identify more stringent or alternative requirements. They may also choose to develop a watershed plan in accordance with the Watershed Management Act (Chapter 90 82 RCW) that includes the optional elements of water quality and habitat They may also choose to develop a basin plan in accordance with Chapter 400-12 WAC As long as the actions or requirements identified in those plans and implemented through local or state ordinances or rules comply with applicable state and federal statutes (e.g., the federal Clean Water Act and the Endangered Species Act), they can supersede the requirements in this manual The decisions concerning whether such locally derived requirements comply with federal and state statutes rest with the regulatory agencies responsible for implementing those statutes A requirement of this manual can also be superseded or added to through the adoption of actions and requirements identified in a Total Maximum Daily Load (TMDL) that is approved by the EPA However, it is likely that at least some TMDLs will require use of the BMPs in this manual 1.6.12 Underground Injection Control Authorizations To implement provisions of the federal Safe Drinking Water Act, Ecology has adopted rules (Chapter 173-218 WAC) for an underground injection control (UIC) program. Depending upon the manner in which it is accomplished, the discharge of stormwater into the ground can be classified as a Class V injection well Federal UIC regulations, 40 CFR Part 144,were revised in 2000 to include subsurface distribution systems, drywells, catch basins, and similar devices that discharge to the ground To date, Ecology's activity under this program has been primarily in regard to registering all UIC wells 1.6.13 Other Local Government Requirements Local governments have the option of applying more stringent requirements than those in this manual They are not required to base those more stnngent requirements on a watershed/basin plan or their obligations under a TMDL Project proponents should always check with the local governmental agency with jurisdiction to determine the stormwater requirements that apply to their project 1-16 Volume I— Minimum Technical Requirements August 2001 Introduction The legislature finds that Puget Sound and related Inland marine waterways of Washington state represent a unique and unparalleled resource A rich and varied range of marine organisms,comprising an Interdependent,sensitive communal ecosystem reside in these sheltered waters Residents of this region enjoy a way of life centered around the waters of Puget Sound, featuring accessible recreational opportunities,world-class port facilities and water transportation systems,harvest of marine food resources,shoreline-oriented life styles,water-dependent Industries, tourism,Irreplaceable aesthetics,and other activities,all of which to some degree depend upon a clean and healthy marine resource. -Puget Sound Water Quality Protection Act 1996(Chapter 90 71 RCW) What is the Puget Sound Water Quality Management Plan? The Puget Sound Water Quality Management Plan is Washington State's long-term strategy for protecting and restoring Puget Sound The management plan provides the framework for managing and protecting the Sound and coordinating the roles and responsibilities of �000 federal,state, tribal and local governments To coordinate government actions for protecting and restoring the Sound, the 1996 legislature established the Puget Sound Water Quality ' -, Action Team, the Puget Sound Council and a governor-appointed chair who manages both of these Together, the Action Team and Council pen- �' odically review and update the management plan to reflect changing issues,advances in technology, public expectations,and political and budgetary concerns Mann cmrni 19,m The management plan also serves as the federally approved Comprehensive Conservation and Management Plan (CCMP) for Puget Sound under Section 320 of the federal Clean Water Act, which established the National Estuary Program What does"shall"mean? The Action Team has determined that the actions in this plan are needed to protect and restore Puget Sound Consistent with the importance of these actions,this plan says that appropriate implementers"shall"perform the actions However,implementa- tion of many of these actions is a long-term process The Action Team's work plans will identify the actions that need to be taken each biennium to implement this management plan Implementation of actions in the work plans is subject to the availability of funds and public input into the decision-making processes of implementing entities When an action is included in a biennial work plan,the Action Team expects that it will be Implemented in accordance with the relevant provisions of the Puget Sound management plan,in accordance with Chapter 90 71 RCW — 1 2000 Puget Sound Water Quality Management Plan It is...the policy of the The Goal state to implement the The goal of the Puget Sound Management Plan is to restore and protect the Puget Sound water biological health and diversity of Puget Sound by quality management • preserving and restoring wetlands and aquatic habitats and the nat- ural processes and functions that created them, plan to the maximum • preventing increases in the introduction of pollutants to the Sound extent possible. and its watersheds, and • reducing and ultimately eliminating harm from the entry of pollu- -RCW 90 71 005 tants to the waters,sediments and shorelines of Puget Sound The management plan's emphasis on prevention recognizes that it will cost us far more to clean up pollution later than to prevent it now The management plan recognizes that we all share responsibility for the Puget Sound region and that fish, wildlife,water and pollutants crosslunsdic- tional lines It establishes a framework based on a partnership among lev- els of government,each having a defined set of responsibilities in different program areas And it recognizes and includes actions of federal,state, local and tribal governments,the private sector and citizens The Approach This management plan guides the efforts of federal and state agencies as well as tribal and local governments in Clallam, Island,Jefferson, King, Kitsap, Mason, Pierce, San Juan,Skagit, Snohomish,Thurston and Whatcom counties In total, 122 cities and counties and hundreds of spe- cial districts are involved in implementing the management plan Federal, provincial and municipal agencies and First Nations in British Columbia are also active in protecting the shared inland marine waters associated with Puget Sound—the Strait of Juan de Fuca and the Strait of Georgia The management plan gives governmental entities specific assign- ments based on the nature of their missions and authority These govern- ments work with businesses,community organizations and citizen groups to achieve the goals of reducing pollution and protecting biological The work plan shall be resources in Puget Sound implemented consistent Every two years, the Action Team and Council develop a Puget Sound Water Quality Work Plan to identify actions to maintain and improve Puget with the legislative Sound's health during the next two-year state funding cycle Work plan provisos of the biennial actions are guided by the management plan's long-term goals for restoring appropriation acts. and protecting the Sound This management plan takes a strategic approach to improving and - RCW 90 71 050 adding programs to protect and restore Puget Sound This plan acknowl- edges existing programs and calls for necessary enhancements and addi- Local governments are tions Throughout the years the following considerations guided develop- required to implement ment of enhanced or new programs • What is the magnitude of harm for the environment and human local elements of the health? work plan subject • What is the persistence of the threats to the health of the Sound and to the availability of the difficulty of mitigating or resolving them? appropriated funds or • Is there a loss that could be construed as irreversible? other funding sources. • Are all threats to the Sound being addressed? • Are the significant threats in each portion of the Sound being - RCW 90 71 070 addressed adequately? 2 Introduction • How adequate are existing management programs? • What is the most cost-effective approach to address a problem? • Which programs have long start-up periods, and have these pro- grams begun yet? • What funding sources exist to implement programs and are they being fully used? Geographic Scope of This Plan This management plan addresses the waters of Puget Sound,the Strait of Juan de Fuca and all waters flowing into them �A For convenience in this management • plan, marine waters will be referenced as "Puget Sound"and the total land area that drains into Puget Sound as the"Puget & ` F Sound basin Figure 1 also shows the Puget Sound .r..r. basin and waters in the Province of British Columbia that are considered s 'shared waters"Thejurisdiction of this + ' management plan covers only the Puget Sound basin However,implemen- tation of this man- , agement plan is coordinated with various entities with- m British Columbia to address the t �4 integrity of the entire • I ,, ,�i;t shared waters CIO ecosystem Figure 1.The Puget Sound basin (above) The Puget Sound }' and the shared waters(left) basin covers more than 16,000 square ' miles of which 80 percent is land and Pacific 20 percent is water Oman Two-thirds (3 915,000) of ' Washington State's population lives in this area As an ecosystem, the Puget Sound basin boasts a diverse collection of habitats and species The local marine environment alone supports more than 220 species of Fish, 26 species of marine mammals, 100 species of seabirds,shorebirds, and waterfowl, and numerous invertebrate and plant species 3 2000 Puget Sound Water Quality Management Plan History of the Management Plan During the 1960s and 1970s, there was increasing concern that the health of Puget Sound was deteriorating This came in spite of many efforts to protect the Sound at every level of government By 1985, there was general agreement that better coordination among programs would improve pro- gram effectiveness and efficiency—and ultimately improve the health of Puget Sound That year, the Washington State Legislature created the Puget Sound Water Quality Authority to develop and oversee implementation of a management plan for the Puget Sound basin and Puget Sound (RCW 90 70) The Authority developed the first Puget Sound Water Quality Management Plan in 1987 Updates were prepared in 1989, 1991, 1994 and 1996 During this time,the management plan evolved along with the issues Some plan elements (actions)were completed, some were revised and new programs and elements were added Responding to similar concerns at the national level,Congress estab- lished the National Estuary Program as Section 320 of the Clean Water Act in 1987 The Environmental Protection Agency approved the Puget Sound Management Plan as the federal Comprehensive Conservation and Management Plan for the basin in 1991 In July 1996,the authorizing legislation for the Puget Sound Water Quality Authority expired That year, the Washington State Legislature enacted the Puget Sound Water Quality Protection Act (RCW 90 71) Under this law, the Puget Sound Water Quality Action Team and Puget Sound Council assumed the Authority's responsibilities, including review and adoption of the Puget Sound Management Plan Benefits of Puget Sound Citizens of Washington depend on the Sound for a variety of benefits Culture—The natural beauty and abundant wildlife of Puget Sound are essential to the northwest experience Puget Sound environmental val- ues are fundamental to the culture of tribal communities Ecosystem Functions—The natural functions of the Puget Sound ecosystem are vital to the welfare of animals, plants and humans Forests and wetlands provide wildlife habitat, and they reduce flooding and sedi- mentation by slowing down surface runoff and helping water soak into the ground They also return water to the atmosphere through evaporation and transpiration Erosion of sediments and woody debris from marine bluffs help maintain the habitat for nearshore fish and other species The turbulent marine waters support rich plankton communities that feed hundreds of species through a complex food web from geoducks to whales Shipping and Transportation—In 1998, Puget Sound ports imported and exported almost 96 percent of the total value of all commodities moved through Washington ports—totaling more than$50 billion The Port of Seattle ranked fifth out of the top 10 U S ports to total dollar value for waterborne trade The Sound's waterways are also important trans- portation links among the coastal communities Ferries carry nine million 4 Introduction vehicles across the Sound each year Fishing and Shellfish Harvesting—The fish and shellfish of Puget Sound are important parts of the region's heritage and valuable economic resources The state's fishing and aquaculture industries rely on salmon, clams and oysters Cod, halibut,perch,smelt,sole, dogfish and flounder are also harvested from the Sound In 1998, total revenue from commercial fish harvesting in Puget Sound was more than$12 million,and the indus- try employed nearly 900 people Revenues from commercial shellfishing that year hit the$40-million mark, and that industry employed approxi- mately 1,800 people Many tribes in the region rely on harvest of fish and shellfish as an important part of their food supplies and economies Recreational Fishing and Shellfish Gathering—Recreational activities also benefit the state's economy The Puget Sound region accounts for well over 50 percent of the state's recreational salmon catch Annually, recre- ational clam diggers collect about three million pounds of hard-shell clams from around the Sound Boating—Thousands of residents and tourists enjoy the Puget Sound waters through various boating activities Puget Sounders own more than 165,000 powerboats, 21,000 sailboats and 43,000 canoes and kayaks Almost 80 percent of the state's 350 marinas and more than 85 percent of the state's 39,400 moorage slips are located along the shores of Puget Sound Tourism—In 1998, spending on travel in the Puget Sound basin exceeded $7 billion (80 percent of statewide expenditures) and the number goes up every year The Puget Sound region accounts for 75 percent of the slate's tourism-related jobs Status and Trends We can't take the benefits of Puget Sound for granted Some of Puget Sound's resources are already in trouble and there are signs that the future will be even more challenging • Puget Sound Chinook,Hood Canal summer chum and bull trout are listed as threatened under the Endangered Species Act • Numerous other species that live in Puget Sound are declining, including Pacific herring,rockfish, coho salmon, scoters,Western grebes and great blue herons • An estimated 70 percent of tidally influenced wetlands in Puget Sound have been lost in the past century and 33 percent of marine shorelines have been modified • Since 1980,roughly one-quarter of the area classified for commercial shellfish harvesting has been downgraded and taken out of produc- tion • Of 15,300 surveyed acres of tidelands and submerged marine beds in the urban portion of Puget Sound, 38 percent of sediments failed to meet state standards for acceptable levels of contamination For more information about the health of Puget Sound, refer to the Puget Sound Action Team's report Puget Sound's Health 2000 at hup //www wa gov/puget_sound/Publications/Pub_Master htm 5 2000 Puget Sound Water Quality Management Plan Figure 2. Puget Sound's population,19s1-2020 Puget Sound/Georgia Basin Population What changes will we see in the 100 future?The population of the 9A Puget Sound and the Georgia z �7°Gila P'"t° w Q Gnw9M11Pi Basin is expected to grow by a 70 +us • two million in the next 20 years as *card+ This is equivalent to adding g� more than 20 new cities the d size of Everett or more than 10 a p Tacomas,with all the houses, 2 businesses,roads,water sup- 1 a plies,sewer discharges,indus- 00 tries and recreation areas this 19W 1910 1W MCI :LOR 2010 2320 ' ■ growth will demand British Columbia Stats(tabulated for the Georgia Basin Ecosystem Initiative)and Washington State Office of Financial Management(tabulated by Puget Sound Water Quality Action Team staff) Accomplishments During the 13-year history of the Puget Sound Management Plan,we've seen significant improvements in programs to protect and restore the Sound Here are some examples Managing stormwater and protecting habitat:Almost half of the local governments in the Puget Sound basin have developed stormwater pro- grams that are called out in the Puget Sound Management Plan, and many have created utilities to fund those programs Local programs to enhance wetlands have been developed and incorporated into critical areas ordi- nances required under the state's Growth Management Act Marine reserves and marine protected areas have been designated Preventing sewage pollution from homes and boats All 12 Puget Sound counties are developing or enhancing programs to ensure proper operation and maintenance of on-site sewage systems Puget Sound boaters now have access to sewage disposal facilities around the Sound Restoring shellfish beds. Together, state agencies,tribal and local gov- ernments and community and industry groups have restored a number of commercial shellfish growing areas around the Sound In addition, nearly 150 recreational shellfish areas have been classified as either open or closed for public harvest Reducing toxic pollutants Dunng the past decade, progress has been made to decrease the discharge of toxic chemicals to Puget Sound Issued or re-issued permits require enhanced treatment levels and monitoring Facility inspectors and permit writers are better trained Permit backlogs have been reduced or eliminated Dischargers receive technical assistance, and pollution prevention programs have been improved Cleaning up contaminated sediments Washington was the first state to adopt standards for sediment quality and, in some areas of the Sound, contaminated sediments have been cleaned up 6 Introduction Tracking the vital signs of Puget Sound The Puget Sound Ambient Monitoring Program,coordinated by the Action Team, has measured trends in water quality,habitat and biological resources for the last 10 years Monitoring results are a key consideration in developing actions to protect the Sound Building new partnerships. Groups that may not have worked togeth- er in the past have cooperated on finding and implementing solutions These include businesses, environmentalists, farmers shellfish growers, and others Getting people involved. The Action Team has funded more than 250 projects to educate and involve the public in taking action to enhance Puget Sound Five field agents (from both University of Washington Sea Grant and Washington State University Cooperative Extension Service) provide direct education to community groups,schools and business groups Working with Canada to protect the Shared Marine Waters Since 1992, the Puget Sound/Georgia Basin International Task Force has worked to protect the shared marine waters between the two countries Washington State produced and implements forage and ground fish man- agement plans for the area and has established marine reserves Working in the watershed With help from the Action Team's local liaisons and technical assistance from Action Team agencies, 44 watershed plans have been developed Preventing spills of oil and hazardous substances The number and volume of oil spills greater than 10,000 gallons has remained relatively low i since 1992 with the exception of a 277,000 gallon spill in Bellingham in June 1999 What's New in the 2000 Management Plan? The Action Team and Council decided to update the management plan in order to address new issues and improve existing programs In recent years, new issues have come to the forefront,such as threats to wild salmon stocks and invasions of aquatic nuisance species The Environmental Protection Agency is developing new federal guidance for stormwater programs Researchers are emphasizing the importance of land-use decisions to protect water quality The new Northwest Straits Commission is working to protect waters of the Strait of Juan de Fuca and northern Puget Sound Existing programs for coordinating management of shared waters with British Columbia are being strengthened For the 2000 management plan update, the Action Team decided to add two new programs, to review and amend three existing programs, and to edit the balance of the 1994 management plan This decision balanced the need to update the plan with available resources and time The two programs added for 2000 are the Puget Sound/Georgia Basin Shared Waters Program and the Aquatic Nuisance Species Program The Shared Waters Program embraces the work already underway by the Puget Sound/Georgia Basin International Task Force The new program pro- motes and coordinates efforts in Washington and British Columbia to ensure the protection, conservation and enhancement of the shared marine waters and resources The Aquatic Nuisance Species Program — 7 2000 Puget Sound Water Quality Management Plan enhances the efforts of state and local governments to prevent nonnative aquatic species from entering Puget Sound and to control those already present The new program identifies gaps in existing management pro- grams and recommends steps to correct them Three programs in the 1994 management plan were reviewed and updated Stormwater and Combined Sewer Overflows,Wetlands Protection, and Fish and Wildlife Habitat Protection Changes to the stormwater program recognize our improved under- standing about the critical effect that Stormwater has on water quality, as well as habitat The Wetlands Protection and the Fish and Wildlife Habitat Protection programs from the 1994 management plan are updated and combined into one comprehensive Marine and Freshwater Habitat Protection Program This combination acknowledges that wetlands need to be managed in the overall context of habitat protection New measures are added to provide for establishment of marine protected areas and to improve knowledge about habitat gams and losses in the basin The remaining programs from the 1994 management plan have been edited to streamline language, update some target dates, and correct out- dated references to programs and agencies However, there was no intent to substantively change the policy approaches in these programs The Action Team decided not to include budget estimates in the management plan, believing this function is better served through development of the biennial work plans to implement the management plan The Action Team and Council will consider the need for future updates to this management plan as time and resources allow The 21 programs in this management plan address major concerns about Puget Sound and its resources The first program in the manage- ment plan—Estuary Management—discusses the overall framework of the management plan This includes the management structure, funding sources and interaction of the management plan and biennial work plans Other programs address pollution sources, resources that need special attention and techniques and tools Each program provides a brief description of the issues and institutional structure in place to address and presents the goal,strategy and elements (actions) necessary to protect and restore Puget Sound The 15-year history of the Puget Sound Water Quality Management Plan demonstrates that governments, in cooperation with business, inter- est groups and citizens can make a difference to the health of Puget Sound The future will present us with even greater challenges This man- agement plan provides a flexible road map for dealing with current prob- lems and learning from experience If we all do our part,we can have a productive,healthy Puget Sound 8 Stormwater Directory of Program Elements 1W-1 Local Government Planning and Stormwater Programs 100 and Combined SW-2 Stormwater Technical Manual and Federal Permits 102 SW-3 Guidance, 104 Sewer SW-4 Stormwater Runoff from State Highways 105 Overflows SW-5 Runoff from Federal Facilities and Tribal Lands 106 SW-6 Reducing Combined Sewer Overflows 106 Program SW-7 Research 107 SW-6 Measuring Program Effectiveness 107 Stormwater has been found to be a significant contributor to water pollution and habitat loss Problem Definition When Stormwater travels over developed land, Stormwater, or urban runoff, is rain or snow that pollutants (such as heavy metals,oil and grease, orgamc toxins, bacteria, nutrients and sediment) falls on impervious surfaces[ and is routed to natu- are carried into the stormwater stream The sources ral or artificial drainage systems or water bodies of these pollutants are diverse Oil,grease and met- Thus also includes runoff from homes and busi- als come from motor vehicles and poor household nesses that results from excessive lawn or garden and business practices Improperly used or stored watering,car or equipment washing, spills or leak- pesticides, paints, preservatives and solvents con- ing storage containers Stormwater can cause sig- tribute organic toxins Bacteria can be introduced nificant problems if not adequately managed and from pet and farm animal wastes and failing septic treated systems Nutrients can come from improperly The first stormwater management controls applied fertilizers Sediment flows from unprotect- were designed to prevent flooding and property ed development sites damage Conveyance systems were built to effi- These pollutants can have severe effects on ciently carry stormwater offsite to streams, rivers aquatic resources Heavy metals, oil and grease, and bays However,as our ability to monitor water and organic toxins can contaminate sediments and and sediment quality has improved,stormwater be toxic to fish and other aquatic life Bacteria can Impervious surfaces are hard surfaces that either prevent or retard the entry of water into the sod mantle as under natural con- ditions prior to development A hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development Common impervious surfaces include,but are not limited to,roof tops,walkways,patios,driveways,parking lots or storage areas,concrete or asphalt paving, gravel roads,packed earthen materials,and oiled,macadam or other surfaces which similarly impede the natural infiltration of stormwater Open,uncovered retention/detention facilities shall not be considered as impervious surfaces(Stormwater Management in Washington State,Department of Ecology,Final Draft August 2000) What does"shal I"mean? The Action Team has determined that the actions in this plan are needed to protect and restore Puget Sound Consistent with the importance of these actions,this plan says that appropriate implementers"shall"perform the actions However,implementa- tion of many of these actions is a long-term process The Action Team's work plans will identify the actions that need to betaken each biennium to implement this management plan Implementation of actions in the work plans is subject to the availability of funds and public input into the decision-making processes of implementing entities When an action is included in a biennial work plan,the Action Team expects that it will be implemented in accordance with the relevant provisions of the Puget Sound management plan,in accordance with Chapter 90 71 RCW — 97 2000 Puget Sound Water Quality Management Plan close productive shellfish beds and public beaches Figure 5 Sediment can smother fish habitat,clog fish gills, impair plant growth and transport other pollutants Where does precipitation go? Nutrients can cause plant blooms in lakes and bays _ that prevent swimming and deplete oxygen needed 11"p°train*ratkm by fish and other aquatic life Most recently, atten- '. ;r tion has focused on the role of stormwater runoff inj 's, the loss of salmon habitat in Puget Sound,especial- ly since chinook and chum salmon and bull trout ! ( pLM" were listed as threatened under the Endangered a Species Act a Studies show that as a watershed is developed, ~ Gramidrratr and forests are replaced by impervious surfaces,a number of changes take place in the environmentz First, runoff from developed lands during the wet �k � winter months is much greater When discharged to �Ir streams,this increased runoff destabilizes stream �> ad s nLan"se Tyyppee channels and degrades or destroys valuable fish `1°¢ KOM TMACnoitinI'M and wildlife habitat Next,the impervious surface area prevents ram and snowfall from seeping into Comprehensive land-use planning under the the ground and recharging streams,wetlands and Growth Management Act (GMA),including sizing aquifers The result is a disruption of the hydrologic urban growth areas, assigning zoning and densities, cycle Streams experience exceptionally high flows and protecting critical areas and natural resource during the wet months and exceptionally low flows lands,is critical to managing stormwater and pro- during the dry summer months Fish passage tecting water resources Watershed or basin plan- becomes difficult or impossible due to insufficient nmg is an excellent tool for assessing natural water flow Wetlands experience extreme fluctua- resources and pollution sources Low-impact devel- tions of water level (washing away nests and eggs) opment practices, such as using native vegetation and aquifers receive less recharge (affecting our to treat and infiltrate stormwater, provide a viable water supply) These effects can be detected in alternative to traditional development techniques watersheds with less than 10 percent impervious Retaining minimum forest cover and setting water- surface coverage Effects grow more serious when shed goals for impervious surfaces helps manage impervious coverage exceeds 15 percent of a water- the effects of development at the landscape or shed Figure 5 shows how surface water runoff watershed scale Combined,these techniques may (shown in black) vanes dramatically among various prove to be the most effective best management land uses practices we can employ Explosive growth in the Puget Sound region within the last 10 to 15 years has led to significant Combined Sewer Overflows alteration of the landscape In many areas,forest cover has been lost, replaced by a range of impervi- Problem Definition ous surfaces The cumulative effects of this develop- ment can't be fully mitigated by engineered solutions Combined sewer systems collect sanitary sewage, at individual development sites Care must be taken industrial wastewater and stormwater in a single in determining where development is allowed,the sewer system During large rainstorms,total flows extent of impervious surface area within each water- can exceed the capacity of sewer collection systems shed,and how forests,streams,wetlands and other or treatment facilities When this occurs, the system sensitive areas are protected Discharging stormwa- is designed to overflow to streams, lakes and bays— ter to shallow injection wells can also threaten discharging a combination of untreated sewage and groundwater resources and pose liability risks to stormwater Discharges from combined sewer over- municipalities that are out of compliance with state flows frequently contain large amounts of bacteria, regulations (Chapter 173-218 WAC) "Watershed Urbanization and the Decline of Salmon in Puget Sound Streams;'Horner and May,Salmon in the City Conference, 1998 98 Stormwater and Combined Sewer Overflows pathogens, nutrients, suspended solids and float- eons for the region The Governor's Salmon able matter These contaminants can pose public Recovery Office published the Statewide Strategy to health risks, contribute to shellfish harvest restric- Recover Salmon in November 1999 King, tions, and degrade aquatic habitat Snohomish and Pierce counties are also developing Since the mid-1950s the US Environmental a stormwater management framework for federal Protection Agency (EPA) policy and standard engi- review neenng practice have been to install separate sani- The Puget Sound Water Quality Management tary and storm sewers for newly developed areas Plan calls on all local governments to develop com- However, 10 municipalities around Puget Sound prehensive stormwater management programs that have combined sewer systems built prior to that include the tools described above The state is to time 3 Fortunately, all have developed reduction maintain standards, issue permits, and provide plans that have been approved by the Department assistance,guidance and training State, federal and of Ecology Ecology estimates that since 1988,the tribal governments are to manage runoff from their average annual volume of untreated combined lands Cities and counties are to achieve the great- sewer overflow to state waters has decreased from est reasonable reduction in combined sewer over- 3 3 billion to 2 billion gallons 4 flows Universities and local,state,federal and trib- al governments are to cooperate to conduct research and disseminate findings Progress will be Institutional Framework measured through performance measures and the Federal and state statutes require stormwater man- program will be adjusted as needed agement in the Puget Sound basin Under the fed- eral Clean Water Act and RCW 90 48,Ecology Program Goal administers National Pollutant Discharge Elimination System (NPDES) stormwater permits To protect and enhance the health of Puget Sound's for municipalities, industries, construction sites aquatic species and habitat, natural hydrology and and the Washington State Department of processes, and water quality,and to achieve stan- Transportation (WSDOT) Municipalities with pop- dards for water and sediment quality by managing ulations over 100,000 are currently covered by stormwater runoff and reducing combined sewer NPDES"Phase I" permits In Puget Sound,this overflows includes King,Pierce and Snohomish counties and the cities of Seattle and Tacoma Municipalities program Strategy with populations under 100,000 located in urban- ized areas will be covered under"Phase II" permits The strategy for achieving this goal is to by March 2003 In addition, a number of other a Develop and carry out local programs that smaller Jurisdictions located outside urbanized combine land use and watershed planning areas will be reviewed for coverage under this per- mit Ecology also maintains the region's stormwater and comprehensive stormwater manage- technical manual,which contains minimum tech- nical standards and best management practices for b Maintain minimum technical standards, managing stormwater from all new development issue municipal, industrial and construction and redevelopment projects in the basin NPDES permits that are consistent with this The EPA issues NPDES permits to federal facili- program, and provide guidance, technical ties located in Puget Sound and financial assistance and training, The recent listing of Puget Sound chinook and c Manage runoff on state,federal and tribal chum salmon and bull trout as threatened under government land the Endangered Species Act has profound implica- d Achieve the greatest reasonable reduction in combined sewer overflows, King County and the cities of Anacortes,Bellingham,Bremerton,Everett,Mount Vernon,Olympia,Port Angeles,Seattle and Snohomish 4Department of Ecology,&ref Sheet on Combined Sewer Overflows,January 1999 99 2000 Puget Sound Water Quality Management Plan e Conduct cooperative research and dissemi- d Incorporating measures to retain natural nate findings, and hydrology and processes,such as establish- f Measure progress through performance ing goals for limiting effective impervious measures and adjust the program as needed surfacess and preserving open spaces and forests SW-1. Local Government Planning and Stormwater Programs SW-1.2.Comprehensive Stormwater Programs for Cities and Counties Local government planning and stormwater man- Every city and county shall develop and implement agement programs are critical components of a a comprehensive Stormwater management pro- strategy to protect Puget Sound Tools available to local governments include growth management gram Stormwater programs will vary among juns- dictions, depending on the jurisdiction's popula- and watershed planning, development regulations, tion,density,threats posed by stormwater, and capital investment and stormwater management results of watershed planning efforts Cities and programs This element calls on local governments counties are encouraged to form intergovernmental to use all these tools to gain maximum benefit from all these measures cooperative agreements in order to pool resources and carry out program activities most efficiently Programs shall include SW-1.1.Growth Management Planning a Stormwater Controls for New Development Every city and county required to plan under the and Redevelopments-Adopt ordinances Growth Management Act (GMA) shall review and that require the use of best management revise,as necessary, countywide planning policies, practices (BMPs) to control Stormwater local comprehensive plans and policies,zoning, flows,provide treatment, and prevent ero- capital facilities plans and development regulations sion and sedimentation from all new devel- to ensure that development does not degrade water opment and redevelopment projects Adopt quality,aquatic species and habitat, and natural and require the use of the Department of hydrology and processes Cities and counties Ecology's stormwater technical manual (or should also incorporate provisions for managing an alternative manual developed under SW- stormwater into updates of their local shoreline 1 3) to meet these objectives All new devel- master programs, and should designate appropri- opment in the basin, particularly new devel- ate land for future Stormwater mitigation purposes opment sited outside of urban growth areas, This review shall be completed according to GMA shall seek to achieve no net detrimental amendment timelines using best available science change in natural surface runoff and infiltra- and shall include tion a Designating urban growth management b Stormwater Site Plan Review-Review new areas with appropriate densities and suffi- development and redevelopment projects to cient capital facilities to reduce sprawl, ensure that stormwater control measures are b Providing sufficient vegetative buffers and adequate and consistent with local require- development setbacks in critical areas ordi- ments nances to protect riparian zones,shorelines, c Inspection of Construction Sites-Regularly wetlands and other sensitive areas, inspect construction sites and maintain tem- c Assessing how full build-out according to the porary BMPs according to guidance devel- comprehensive plan will alter natural hydrol- oped under SW-2 and 3 Adopt ordinances to ogy,water quality and aquatic species,and ensure clear authority to inspect construc- Effective impervious surfaces are impervious surfaces that are connected via sheet flow or discrete conveyance to a drainage system(adapted from Stormwater Management in Washington State,Department of Ecology,Final Draft August 2000) 60n an already developed site,the creation or addition of impervious surfaces,the expansion of a building footprint or addition or replacement of a structure,structural development including an increase in gross Floor area and/or exterior con- struction or remodeling,replacement of impervious surface that is not part of a routine maintenance activity,land disturbing activities associated with structural or impervious redevelopment (Stormwater Management in Washington State,Department of Ecology,Final Draft August 2000) 100 Stormwater and Combined Sewer Overflows tion sites,to require maintenance of BMPs ordinances that allow and encourage low and to enforce violations Provide local impact development practices These are inspectors with training under SW-3 on ero- practices that infiltrate stormwater (using sion and sediment control practices proper safeguards to protect groundwater) d Maintenance of Permanent Facilities-Adopt on-site rather than collecting, conveying and ordinances that require that all permanent discharging stormwater off site The goals of stormwater facilities be regularly maintained low impact development practices are to according to guidance developed under SW-2 enhance overall habitat functions, reduce and 3 to ensure performance Develop provi- runoff, recharge aquifers, maintain historic sions as necessary,such as agreements or in-stream flows and reduce maintenance maintenance contracts, to ensure that facili_ costs Low impact development provides a ties on private land (e g , residential subdivi- variety of benefits, including cost savings and lions and commercial complexes) are main- added market appeal, additional green space tained Provide training under SW-3 for pro- for recreational users and greater esthetic fessionals who maintain stormwater facilities appeal than traditional facilities Low impact e Source Control-Develop and implement a development practices may not be appropri- program to control sources of pollutants ate for all sites Low impact principles from new development and redevelopment include projects and from existing developed lands, i Maintain the pre-developed,undisturbed using BMPs from Ecology's stormwater tech- stormwater flows and water quality, nical manual Source control activities shall ii Retain native vegetation and soils to inter- include pollution from roadways and land- cept, evaporate and transpire stormwater scapmg activities Integrated pest manage- on the site (rather than using traditional ment practices shall be used to manage road- ponds and conveyances), side vegetation in Emphasize a higher standard of sod quali- f Illicit Discharges and Water Quality ty in disturbed soils (by using compost Response-Adopt ordinances to prohibit and other methods) to improve infiltra- dumping and illicit discharges Carry out tion,reduce runoff and protect water activities to detect, eliminate and prevent quality, illicit discharges, and respond to spills and iv Cluster development and roads on the site water quality violations and retain natural features that promote g Identification and Ranking of infiltration, and Problems-Identify and rank existing prob- v Reduce impervious surface area and use lems that degrade water quality, aquatic permeable surfaces instead species and habitat, and natural hydrologic Low impact development projects should processes Local governments may choose to include methods to collect and reuse achieve this through watershed or basin stormwater from rooftops for household planning h d to is another process reuse (e g toilets and washing machines) and Conduct a hydrologic analysis and map for landscape watering stormwater drainages, outfalls and impervi- ous surfaces by watershed Develop plans l Watershed or Basin Planning-Participate in and schedules and identify funding to fix the watershed or basin planning processes, such problems as planning under Chapter 400-12 WAC or h Public Education and Involvement-Educate Chapter 90 82 RCW, in order to coordinate and involve citizens, businesses,elected offi- efforts, pool resources, ensure consistent cials, site designers, developers, builders and methodologies and standards, maintain and other members of the community to build restore watershed health, and protect and awareness and understanding of stormwater enhance natural hydrology and processes, and water quality issues Provide practical including natural surface runoff, infiltration alternatives to actions that degrade water and evapotranspiration Progress in achiev- quality and biological resources ing this goal shall include biological monitor- ing Cities and counties may choose water- i Low Impact Development Practices-Adopt shed or basin planning processes to identify 101 2000 Puget Sound Water Quality Management Plan and rank existing stormwater problems, to Ecology's Ecology shall work with jurisdictions develop a plan and schedule to fix the prob- to ensure that all alternative manuals meet or lems,and set goals for limiting effective exceed the standards in Ecology's technical manual impervious surfaces and preserving open Jurisdictions choosing to develop an alternative spaces and forests Basin planning should manual shall use Ecology's technical manual in the use continuous runoff modeling to simulate interim existing and potential impacts of land use and water management on natural hydrolo- gy Basin plans shall address water quality, SW-1.4.Local Program Evaluation,Reporting aquatic habitat,groundwater recharge and and Modification water re-use Basin plans may prescribe Cities and counties shall review their monitoring stronger stormwater management measures data and program records at least every five years to protect sensitive resources in a certain (or according to another schedule approved by the basin or sub-basin Stormwater management Action Team) to evaluate whether program goals measures in all basins shall at least meet the are being met and whether any modifications to the minimum requirements of Ecology's techni- program are needed Ecology and the Action Team cal manual Cities and counties shall incor- support staff shall work with cities and counties to porate recommendations from watershed or develop a system to assess regional progress basin plans and specific requirements from Target Dates for SW-1 1 through 1 4 Cities and Total Maximum Daily Load (TMDL)Water counties shall revise their stormwater programs to Cleanup Plan processes7 into their stormwa- incorporate the elements described above by March ter programs, land use comprehensive plans 2003, or earlier,according to the requirements and and site development ordinances schedule in the municipal NPDES permit (Under k Funding-Create local funding capacity,such the 1994 Puget Sound Management Plan,junsdic- as a utility,to ensure adequate,ongoing tions were to have adopted basic stormwater pro- funding for program activities and to provide grams by 1995) All alternative manuals shall be funding to contribute to regional stormwater completed by March 2003 projects 1 Monitoring-Monitor program implementa- SW.2.Stormwater Technical Manual tion and environmental conditions and and Federal Permits trends over time (according to guidance developed under SW-2 and 3) to measure the A single technical stormwater manual for the region effectiveness of program activities provides uniform standards and a central reposito- Periodically share monitoring results with ry for BMPs Ecology will maintain the region's local and state agencies, citizens and others technical stormwater manual, and issue and over- in Schedule for Implementation-Develop an see National Pollutant Discharge Elimination implementation schedule with specific target System (NPDES) permits for municipalities,mdus- dates and funding sources to help plan pro- tries and construction activities gram activities SW-2.1.Stormwater Technical Manual SW-1.3.Alternative Technical Manuals Ecology shall maintain a stormwater technical Cities and counues that choose to develop an alter- manual for new development and redevelopment native technical manual (SW-1 2a) shall submit with overall goals of protecting and restoring aquat- their manual to Ecology The submittal shall is species and habitat, water quality and natural include an outline of significant differences hydrology and processes, including achieving no between the manuals and shall demonstrate how net detrimental change in natural infiltration and the alternative manual is substantively equivalent surface runoff,particularly for new development The Total Maximum Daily Load(TMDL)or Water Cleanup Plan process is established by section 303(d)of the Clean Water Act Federal law requires states to identify sources of pollution in waters that fail to meet state water quality standards,and to devel- op Water Cleanup Plans to address those pollutants The Water Cleanup Plan establishes limits on pollutants that can be dis- charged to the water body and still allow state standards to be met(Department of Ecology) 102 Stormwater and Combined Sewer Overflows sited outside of urban growth areas The manual vu Collecting and using stormwater from shall rooftops for household uses (e g toilets a Encourage use of stormwater as a resource to and washing machines) and for landscape recharge aquifers,streams and wetlands and watering maintain the natural hydrology of the water- 1 Provide guidance on preparing stormwater shed, site plans, selecting BMPs and strengthening b Incorporate recent research findings regard- minimum requirements through watershed ing techniques for stormwater management or basin planning, and monitoring, and including low impact development practices, J Provide performance standards for BMPs need for and feasibility of matching pre- developed surface runoff,infiltration and evapotranspiration, recommended percent- SW-2.2.Performance Standards for BMPs ages for maintaining forest cover and limiting Ecology,in cooperation with the American Public impervious surfaces,and effects of urbaniza- Works Association (APWA), local governments, um- tion and stormwater runoff on aquatic versities and the Washington State Department of resources, Transportation (WSDOT),shall develop perform- ance standards for BMPs,currently approved in the c Discuss the relationship of the technical manual to local, state and federal - technical manual Ecology shall include perform- ance standards in future updates of the technical tions, manual Groundwater shall be protected in accor- d Describe the role of local land use planning dance with Ecology's Underground Injection in effective stormwater management and Control Program suggest guidance materials such as those developed by the Office of Community Development (OCD), SW-2.3.New and Experimental BMPs e Provide minimum technical requirements for Ecology, in cooperation with the APWA,local gov- all new development and redevelopment, ernments, universities and WSDOT,shall develop f Provide standards for the design,operation protocols for evaluating and reviewing new and maintenance of public and private tern- experimental BMPs Entities conducting research and and and permanent stormwater facilities on the effectiveness of BMPs under this element porand structures, and SW-7 shall follow these protocols Ecology shall periodically distribute supplemental information g Provide a design storm and hydrologic runoff on BMPs to local governments,state agencies, trib- model to estimate runoff, al governments, businesses and others h Provide BMPs for i Controlling erosion and sedimentation S W-2.4.Revisions to the Technical Manual from construction activities (including Ecology shall convene a committee at least once methods to ensure that disturbed, post- every rive years to review continued adequacy of construction soils possess a minimum the technical manual The committee shall include level of quality), representatives from local,state,federal and tribal u Controlling and infiltrating stormwater governments, non-profit groups,business and citi- flow with proper safeguards to protect zens National experts shall also be consulted groundwater, to protect natural hydrology Based on the review,Ecology shall update portions and processes and maintain adequate of the technical manual to ensure that the manual stream flows, continues to reflect the best approaches to in Treating and removing pollutants, stormwater management iv Controlling sources of pollutants, v Low impact development practices (see SW-2.5.National Pollutant Discharge SW-1 21), Elimination System Stormwater Permits vi Innovative land clearing practices,includ- Ecology shall issue NPDES stormwater permits for ing clearing in sections and preserving municipalities, construction sites and industries as forests, vegetation and open spaces,and required by state and federal regulations In deter- 103 2000 Puget Sound Water Quality Management Plan mining whether small municipalities outside of programs under SW-I Guidance shall be available census urbanized areas must obtain municipal on stormwater permits,Ecology shall develop criteria a Adopting ordinances and development regu- to evaluate whether stormwater discharges result in lations, or have the potential to result in exceedances of b Adopting stormwater utilities, water quality standards,including impairment of designated uses,or other significant water quality c Educating and involving the public, impacts,including habitat and biological impacts d Land use planning to protect sensitive areas The evaluation criteria shall be based on a balanced and aquatic resources, consideration of the following criteria on a water- a Minimizing impervious surfaces on individ- shed or other local basis discharge to sensitive ual sites and throughout watersheds, waters, high growth or growth potential,high popu- lation density,contiguity to an urbanized area,sig- f Using low impact development practices to nifiicance of the contribution of pollutants to waters treat and infiltrate runoff on site, of the United States,and the effectiveness of pro- g Preserving trees and native vegetation, tection of water quality by other programs Ecology h Inspecting and maintaining stormwater facil- shall ensure that all municipal permits issued for ities, Puget Sound cities and counties are consistent with i Implementing a source control program, the elements described in SW-1 2,Before issuing Handling and disposal of street waste, permits, Ecology shall consult with interested par- ties that include permittees local,state, federal and k Monitoring program effectiveness and envi- tribal governments,businesses, environmental ronmental response, groups and citizens 1 Prioritization science together with cost-ben- Target Dates for SW-2 1 through 2 5 Ecology shall efit analysis,and begin issuing performance criteria and protocols in Use of alternative mitigation policy that does for evaluating new BMPs starting in June 2001 notjeopardize water quality standards Ecology shall reissue federal NPDES phase I munic- Ecology, OCD, the Governor's Salmon Recovery ipal permits by April 2001 and issue NPDES phase Office, Fish and Wildlife,WSDOT and the Action II municipal permits to Puget Sound jurisdictions Team support staff shall develop guidance on rank- by December 2002 Ecology shall conduct a review ing existing stormwater problems that degrade of the technical manual at least every five years, water quality and fish and wildlife habitat Ecology, starting in 2005 in cooperation with area businesses,shall develop guidance for businesses covered by NPDES SW-3.Guidance,Assistance and stormwater permits Training SW-3.2.Model Ordinances Cities and counties will need assistance to develop Ecology and the Action Team support staff,with effective local stormwater programs The state will advice from local governments,shall ensure that help by developing additional guidance and model model ordinances are available to cities and coun- ordinances,and providing technical and financial ties that are developing comprehensive programs assistance (see the Estuary Management Program under SW-1 2 for financial assistance) A broad-based committee will regularly assess training needs and make rec- ommendations for new or enhanced training SW-3ti Cal Ass/stance The Acctionn Team support staff shall coordinate state technical assistance to cities and counties that SW-3.1.Guidance are developing comprehensive stormwater pro- Ecology, OCD, the Department of Fish and Wildlife grams State agencies providing technical assis- and the Action Team support staff,with advice from tance shall include Ecology, OCD, Fish and Wildlife local governments and WSDOT, shall periodically and the Action Team Ecology shall provide techni- review existing guidance and develop additional cal assistance to industries that are implementing guidance as necessary to ensure that guidance is NPDES stormwater permits available to cities and counties developing local 104 Stormwater and Combined Sewer Overflows SW-3.4. Training out a program to manage stormwater runoff from The Action Team support staff shall convene a com- all state highways that includes mittee at least every two years to assess current a Methods to ensure that stream channels, and training opportunities and make recommendations aquatic species and their habitat are protect- to the Council and Action Team on the need for ed and stream crossings are minimized, additional training for local government staff, the b Implementation of a federal NPDES permit, building community and others on stormwater c Adoption and use of a stormwater technical management techniques The committee shall include umversities, local governments, Ecology, manual that has been approved by Ecology, OCD, Fish and Wildlife and WSDOT d Regular inspection of construction sites and use of BMPs to control erosion, SW-3.5.Public Educational Materials a Regular maintenance of temporary and per- The Action Team, Ecology,OCD, Fish and Wildlife manent stormwater facilities and structures, and other state agencies shall develop and distrib- f Improvement of existing facilities when road- ute educational materials related to this program to ways are redeveloped, the general public, local governments, businesses g Identification and ranking of existing and others stormwater problems that degrade water quality and fish and wildlife habitat, and planning and scheduling to fix these prob- SW-3.6.Agency Coordination and Permit lems, Streamlining h Recognition of stormwater as a resource to State and local agencies that issue stormwater- recharge aquifers, streams and wetlands, related permits (e g,NPDES permits, Hydraulic Project Approvals), with the assistance of Action Use of low impact development practices, Team support staff, shall seek opportunities to when appropriate, to treat and infiltrate coordinate efforts and streamline the permitting runoff on site rather than collecting and con- process veying the runoff off site, Target Dates for SW-3 I through 3 6 Additional J Preservation of native vegetation, use of per- guidance and model ordinances shall be made meable surfaces and use of amended soils to available to cities and counties beginning June improve infiltration, 2001 The Action Team support staff shall convene a k Use of integrated pest management practices committee to discuss training needs and develop to manage roadside vegetation, recommendations every two years,beginning in l Activities to respond to spills and water qual- June 2001 ity violations, in An implementation schedule, and SW-4.Stormwater Runoff from State n Monitoring to measure program implemen- Highways tation and environmental response WSDOT shall phase in the technical standards Runoff from state highways can have a significant of Ecology's technical manual once it is adopted, in effect on the Sound's water quality and biological accordance with the NPDES permit schedule and resources WSDOT can avoid or mitigate these with accommodation to the project development effects through project planning, controls at con- process Ecology shall review and approve the structon sites,operation and maintenance, WSDOT manual to ensure that it is technically research,interagency coordination and retrofit of equivalent to Ecology's manual for the basin existing facilities SW-4.2.NPDES Permit SW-4.1.Highway Runoff Program Ecology, in consultation with WSDOT,Fish and WSDOT, in consultation with Ecology, Fish and Wildlife, Natural Resources, local governments and Wildlife, the Department of Natural Resources (Natural Resources), local governments and the the Action Team support staff, shall revise the Action Team support staff, shall develop and carry NPDES permit according to a schedule determined by Ecology and in accordance with federal law 105 2000 Puget Sound Water Quality Management Plan SW-4.3.Puget Sound Highway Runoff Rule SW-5.2.Runoff from Tribal Lands Ecology,in consultation with WSDOT,Fish and Tribal governments shall manage stormwater Wildlife, Natural Resources,local governments and runoff on tribal lands consistent with the practices the Action Team support staff,shall review the described in SW-1 2 Tribal governments shall con- Puget Sound Fhghway Runoff Rule (Chapter 173- duct monitoring to measure program implementa- 270 WAC) and revise it as necessary non and environmental response and periodically evaluate and modify their programs as necessary SW-4.4. WSDOT Research The EPA Region 10 Indian Programs Office shall WSDOT shall continue and expand its efforts to provide technical and financial assistance to help research and demonstrate improved methods for tribal governments develop effective stormwater managing stormwater from state highways and management programs roads, and integrate findings from the National Target Dates for SW-5 1 through 5 2 Ongoing Cooperative Highway Research Program WSDOT shall participate in and share research findings with SW-6. Reducing Combined Sewer state, federal and tribal governments as described in SW-7 Overflows Target Dates for SW-4 1 through 4 4 WSDOT shall Combined sewer overflows (CSOs) can significantly implement a stormwater management program for degrade the Sound's water quality and biological state highways according to a schedule determined resources Jurisdictions with CSOs will continue to by federal NPDES stormwater permit deadlines and reduce the number of CSO events to meet state Ecology WSDOT shall phase in the technical stan- standards dards of Ecology's technical manual once it is adopted,in accordance with the NPDES permit schedule and with accommodation to the project SW-6.1.Local Reduction Plans development process Ecology shall review the Cities and counties with CSOs shall continue to Puget Sound Highway Runoff Rule by December carry out reduction plans that have been approved 2001 and revise it as necessary by Ecology under Chapter 173-245 WAC The goal of these plans shall be to meet state objectives for SW-5.Runoff from Federal Facilities achieving the greatest reasonable reduction of and Tribal Lands combined sewer overflows at the earliest possible date Greatest reasonable reduction has been Federal and tribal governments manage a signifi- defined in Chapter 173-245 WAC as no more than cant portion of land area in the Puget Sound basin, one overflow event per year Ecology shall define including military bases and tribal reservations The ',CSO event"with input from local, state and federal same practices that are used to manage stormwater agencies,tribes, environmental groups,businesses on private and state lands can be used effectively and citizens Reduction plans shall include sam- on federal and tribal lands plmg of receiving water sediments adjacent to each CSO to determine the presence and extent of SW-5.1.Runoff from Federal Facilities potential contaminants,as called for by Chapter Managers of federal facilities shall control stormwa- 173-245 WAC Jurisdictions shall provide Ecology ter runoff on federal lands according to practices with data concerning the number of discharges and outlined in SW-1 2 and use Ecology's stormwater volume discharged from each CSO, and shall assess technical manual The Environmental Protection the effectiveness of their reduction plans to date Agency (EPA) shall ensure that all NPDES permits Jurisdictions that choose to separate stormwa- issued to federal facilities,including military bases, ter as a reduction technique shall use treatment are at least as stringent as municipal, industrial and BMPs, a source control program,and monitoring to construction NPDES permits issued by Ecology The ensure that aquatic resources are protected When a EPA shall review and modify,as necessary, existing jurisdiction has reduced CSOs to an average of one permits to ensure that these requirements are overflow event per year,Ecology shall consider included Federal facilities shall conduct monitor- reducing monitoring requirements to frequency of ing to measure program implementation and envi- overflow events as per Chapter 173-245 WAC ronmental response and periodically evaluate and Ecology shall continue to review and approve new . modify their programs as necessary or modified CSO reduction plans as needed 106 Stormwater and Combined Sewer Overflows SW-6.2. Combined Sewer Overnow Reduction construction sites, Guidance d Effectiveness of best management practices Ecology shall review the existing CSO Reduction such as long-term effects on hydrology and Guidance at least once every five years to ensure groundwater,including summer low flows that the guidance continues to reflect best science and groundwater recharge,and and current research findings Ecology shall involve a Effects of stormwater on wetlands, streams local,state,federal and tribal governments and and aquatic species members of the public in this review Research findings shall be submitted for peer Target Dates for SW-6 1 through 6 2 Ecology shall review to appropriate organizations,including um- review the CSO Reduction Guidance at least once versifies. APWA and local,state,federal and tribal every five years starting in 2002 governments SW-7. Research SW-7.3.Sharing of Research Findings A broad-based committee will assess research The Action Team support staff,in cooperation with needs and share research findings on a biennial universities, local,state,federal and tribal govern- basis to ensure that the region continually increases ments, environmental organizations and the devel- its understanding of stormwater management and opment community, shall coordinate workshops at resource protection least every two years to share research findings SW-7.1.Review of Research Needs SW-7.4. Using Research Findings to Improve The Action Team support staff shall convene a com- the StormwaterProgram mittee at least once every two years to assess State and local governments shall use research research needs and make recommendations to the findings to improve local programs (SW-1), the Council and Action Team regarding the need for technical manual and NPDES permits (SW-2), pro- new or enhanced research efforts The committee grams to control runoff from state highways, (SW-4) shall include representatives from universities, local and CSO reduction plans (SW-6) Federal and tribal governments, Ecology, Fish and Wildlife,WSDOT, governments shall use research findings to improve OCD, EPA and tribal governments stormwater management practices on their lands (SW-5) Businesses shall use research findings to SW-7.2.Cooperative Research Activities improve their practices (SW-2) Universities, non-profit organizations and local, Target Dates for SW-7 1 through 7 4 The Action state, federal and tribal governments that carry out Team support staff shall convene committees to research related to stormwater management shall assess research needs and share research findings seek opportunities to cooperate and collaborate every two years, beginning in July 2001 with one another on research projects These groups shall share research findings with one another through organizations such as the APWA Stormwater Managers Group and at conferences SW-8. Measuring Program such as the Puget Sound Research Conference Effectiveness Research shall include The Puget Sound Action Team support staff shall a Low impact development practices to treat evaluate program results through use of program and infiltrate runoff on site rather than col- and environmental performance measures This lecting and conveying runoff off site, supports the adaptive management approach b Percentage of forest cover needed to protect described in the Estuary Management Program of streams and aquatic resources, need for and the Puget Sound Management Plan At a minimum, feasibility of matching pre-developed surface these evaluations should incorporate information runoff, infiltration and evapotranspiration, from the following monitoring and assessment and effectiveness of the current design storm sources in meeting goals, a Program measures that track implementa- c Improved measures to control erosion from tion of this program 107 2000 Puget Sound Water Quality Management Plan • Adoption of local comprehensive stormwater programs, • Timely issuance of federal stormwater permits, and • Reduction of combined sewer overflows b Case studies that assess the effectiveness of program actions • Findings of local government monitoring as called for in SW-1 c Performance of environmental conditions for which this program is a major or important determinant(recognizing that these meas- ures may be affected by several plan pro- grams) • Area of sediments that exceeds sediment management standards, • Extent of toxic contamination,as meas- ured by liver lesions in fish, • Changes in conditions and classifications of shellfish growing areas that are affected by stormwater runoff, • Surface waters listed on the state's 305(b) list due to stormwater runoff,and • Percentage of salmon streams with flows that, over time, closely mimic natural con- ditions (from the Governor's Salmon Recovery Scorecard) 108 • Kent City Council Meeting Date May 21, 2002 Category Consent Calendar I SUBJECT: CENTRAL COMMERCE CENTER PHASE 2 BILL OF SALE— ACCEPT 2 SUMMARY STATEMENT: As recommended by the Public Works Director, accept the Bill of Sale for Central Commerce Center Phase 2 submitted by Sound Venture Five, LLC for continuous operation and maintenance of 22 feet of watermam, 368 feet of street improvements and 45 feet of storm sewers. Bonds will be released after the maintenance period. This project is located at 8302 South 259th Street 3. EXHIBITS: Map 4. RECOMMENDED BY: Public Works Director • (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 EXPENDITURE REQUIRED: $ SOURCE OF FUNDS 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION- ACTION Council Agenda Item No. 6K > N VAK Q S 234TH T F 00 2-- P ST LO LO S ST U) w U) SMITH T > > w a MEEK S o ~ m z �� rn LO = w n > 3 E 2N ST o C T10 r 3 WAL T S x S 2 9TH ST �p 4 OQ 3 < J � 9l z LLJ u SE U / rn � u� 0 N r^ O V, O � o z m 3 a F S 277 H ST C) 0 U 0 a CENTRAL COMMERCE CENTER PHASE 2 0 • Kent City Council Meeting Date May 21, 2002 Category Consent Calendar 1. SUBJECT: COVINGTON MEMORIAL STREET IMPROVEMENTS BILL OF SALE - ACCEPT 2. SUMMARY STATEMENT: As recommended by the Public Works Director, accept the Bill of Sale for Covington Memorial submitted by Covington Memorial Service for continuous operation and maintenance of 440 feet of street improvements and 312 feet of storm sewers. Bonds will be released after the maintenance period. This project is located at 27221 156th Ave Southeast 3 EXHIBITS: None 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 EXPENDITURE REQUIRED: $ SOURCE OF FUNDS. 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION ACTION- Council Agenda Item No. 6L CLARK LK i w w o z N � M SE 256TH ST w 7z �11 'o/ SR 16 516 E23RDS PR W LO W �V) w S 27ST w �a z z KT CITY LIMITS uV EN a 0 N N 1l/ 0 0 N O N O 3 0 E / w I o 18 m 'o 0 COVINGTON MEMORIAL a C5 U' Kent City Council Meeting Date May 21, 2002 Category Consent Calendar 1. SUBJECT: CRIMINAL CONDUCT AT PUBLIC FACILITIES - ORDINANCE 2. SUMMARY STATEMENT: Adoption of Ordinance No , which relates to criminal conduct at public facilities. This ordinance will permit a police officer who has probable cause to believe a person is committing a crime at a public facility to issue a notice prohibiting that person from entering the public facility. The current city ordinance relating to prohibiting persons from entering public facilities is being substantially revised. Therefore, the current ordinance is being repealed and replaced by this ordinance. This ordinance also makes it a misdemeanor for a person to intentionally cause substantial disruption to the functioning of a public facility or to use the facility in a manner for which it is not intended and which interferes with the proper use of the facility. Again, the current ordinance is being substantially revised and therefore replaced by this ordinance. • 3 EXHIBITS: Ordinance 4 RECOMMENDED BY: Public Safely Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: S SOURCE OF FUNDS• 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION. ACTION Council Agenda Item No 6M ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, repealing section 9 02 56 of the Kent City Code, entitled "Public Facility—Criminal activity— Prohibition of entry," creating a new, section 9 02 56 entitled "Public Facility—Cnmmal activity—Prohibition of entry," repealing section 9 02 19 entitled "Disruption of government offices," and creating a new section 9 02 19 entitled "Disruption of public facilities " WHEREAS, the City Council desires that all public facilities, including parks, be welcoming and inviting for the general public and that the public is able to visit and access these facilities without interference or fear, and WHEREAS. from time to time, the right of the general public to access and enjoy these facilities is hindered by persons who engage in criminal conduct at the facilities or who interfere with the proper use of the facility by using the facilities in a manner other than that for which the facility is intended, and WHEREAS, the purpose of this ordinance is to encourage the lawful use of public facilities and discourage and present the unlawful use of the facilities, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT. WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS 1 Disruption of Public Facilities SECTION 1. Section 9 02 56 of the Kent City Code, entitled "Public Facility—Criminal activity—Prohibition of entry," is hereby repealed in its entirety SECTION2. A new section, Section 9 02 56, entitled "Public Facility—Criminal activity—Prohibition of entry," is hereby added to the Kent City Code to read as follows Sec. 9.02.56. Public facility— Criminal activity—Prohibition of entry. A The city council finds that from time to time, the right of the general public to enjoy public facilities provided by the City is infringed upon by persons who engage in criminal conduct at the public facilities or who possess and consume alcohol at the public facilities The city council further finds that the right of persons who engage in criminal activity at public facilities is outweighed by the right of law abiding citizens ,to use such facilities without the interference or fear of the criminal activity of others B Whenever a police officer or a judge, commissioner or judge pro tempore of the Kent municipal court has probable cause to believe that a person has committed any act set forth in subsection (D) of this section on any public facility as described in subsection (E) of this section, that person may be given a written order prohibiting that person from entering the public facility where the act was committed When issued by a police officer, the order shall remain effective for forty-five (45) days, PROVIDED, that in the event the person is charged with a crime or infraction that gives rise to the issuance of such order, the order shall remain effective until the person is arraigned for such charge or appears for a hearing for such infraction In the event the person is charged with the crime or infraction that gives rise to the issuance of the prohibition of entry, the judge, commissioner or judge pro tempore shall, upon finding probable I cause, issue, reissue or extend the order which shall remain effective for the period in which the court retains jurisdiction over the matter C Whenever a police officer has probable cause to believe that a person is on or has entered a public facility and such person is prohibited from being on or entering the 2 Disruption of Public Facilities public facility pursuant to this section, the officer may arrest the person for violating the prohibition of entry D An act which may result in the issuance of a written order prohibiting a person from entering a public facility may consist of any of the following when committed on the public facility 1 Any act which qualifies as a felony crime, 2 Any act which qualifies as a gross misdemeanor or misdemeanor crime. excluding all traffic offenses except for violations of RCW 46 61 500, RCW 46 61502, RCW 46 61 503, RCW 46 61 504, RCW 46 61 525, or 3 Any act which qualifies as a violation of RCW 66 44 100, or 4 Any act which involves entering an area designated in subsection (E) after the area is closed to the public E For the purpose of this section, a public facility consists of the buildings, structures, and equipment, and the adjoining grounds and appurtenances of any of the following 1 Any park maintained by the city of Kent, the county of King, or the state of Washington 2 Any recreational area maintained by the city of Kent, the county of King, or the state of Washington, including but not limited to any skateboard park, the Kent Commons, the Kent Senior Activity Center, the Kent Resource Center, the Riverbend Golf Complex, the Green River Trail and the Intenuban Trail 3 The bodies of water known as Lake Meridian and Lake Fenwick and associated boat ramps and areas of ingress and egress 4 Any public school maintained by the city of Kent, the county of King, or the state of Washington 5 Any public library maintained by the city of Kent, the county of King, i or the state of Washington F In the event that no criminal charges are filed as a result of the activity which leads to the police officer's issuance of the order prohibiting entry, the party prohibited from entering the public facility may request to have the order removed prior to the 3 Disruption of Public Facilities expiration of the forty-five (45) day period Such request shall be filed with the Legal Department of the City of Kent Such request shall contain a return address or contact information which will remain valid and be sufficient to enable the court to provide written notice of court dates Within five (5) days of receipt of the request for hearing, the Legal Department shall submit a request for hearing to the Kent Municipal Court The court shall set a hearing to be held within ten (10) days of the date such request for hearing is received by the court from the Legal Department The city must establish that probable cause exists to believe that the person committed any act set forth in subsection (D) Proof of probable cause may be established based upon the swom declaration incorporated by reference in a police officer's report that substantially conforms to the requirements of 9A 72 085 without further evidentiary foundation The sworn declaration may be supplemented by the testimony of witnesses and the presentation of other evidence The person against whom the order was issued shall have the opportunity to present evidence and testimony when challenging the order G A person who violates any prohibition of entry issued pursuant to this section shall be guilty of a misdemeanor SECTION 3. Section 9 02 19 of the Kent City Code, entitled "Disruption of government offices," is hereby repealed in its entirety SECTION 4. A new section, Section 9 02 19, entitled "Disruption of public facilities," is hereby added to the Kent City Code to read as follows Sec. 9.02.19. Disruption of public facilities. A A person is guilty of disruption of a public facility if he or she enters or remains in a public facility and 1 intentionally interferes with the proper functioning of the public facility by causing a substantial disruption of the public facility or the activities occurring at the public facility, or 4 Disruption of Public Facilities 2 intentionally interferes with the use of the public facility by other members of the public and such interference is caused while the person is using the public facility in a manner other than that for which the public facility was intended B As used in this section, the term "public facility" shall include, but not be limited to, the facilities commonly referred to as the Kent Commons, the Kent Resource Center, the Kent Senior Activity Center, the Riverbend Golf Complex, the Kent Library, Kent City Hall, the Centennial Center, and any other building, structure, equipment and adjoining grounds and appurtenances of city, county, state and federal government offices C A violation of this section is a misdemeanor SECTION 5. — Sayznzs The existing sections 9 02 56 and 9 02 19 of the Kent City Code, which are repealed and replaced by this ordinance, shall remain in full force and effect until the effective date of this ordinance SECTION 6. —Severabduy If anyone or more sections, subsections, or sentences of this Ordinance are 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 SECTION 7 — Effective Date This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law iJIM WHITE, MAYOR ATTEST BRENDA JACOBER, CITY CLERK 5 Disruption of Public Facilities APPROVED AS TO FORM TOM BRUBAKER, CITY ATTORNEY PASSED day of 2002 APPROVED day of 12002 PUBLISHED day of 2002 I hereby certify that this is a true copy of Ordinance No passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated (SEAL) BRENDA JACOBER, CITY CLERK I I 6 Disruption of Public Facilities i Kent City Council Meeting Date May 21, 2002 Category Consent Calendar 1. SUBJECT: ADDITIONAL JUDICIAL POSITION AT KENT MUNICIPAL COURT - ORDINANCE 2. SUMMARY STATEMENT: Adoption of Ordinance No. which relates to the Kent Municipal Court judicial positions. The Kent Municipal Court currently has one full-time judge and one commissioner to handle the filings in the Kent Municipal Court Adoption of this Ordinance will amend Section 2.34 040 of the Kent City Code by providing a second judicial position, and it will eliminate the need for a court commissioner 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Public Safety Committee (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES ' 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION- Council Agenda Item No 6N ORDINANCE NO AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 2 34 040 of the Kent City Code, entitled "Judges - Appointment - Qualifications," to create an additional judicial position WHEREAS, approximately 20,000 cases were filed in the Kent Municipal Court in the year 2001, and WHEREAS, the Kent Municipal Court currently has one fulltime judge and one commissioner to handle the filings in the Kent Municipal Court, and I WHEREAS, court rules direct that a municipal court judge manage the day to day operations of the court, and WHEREAS, the addition of a second fulltime judge and elimination of the court commissioner position will provide an additional judge to manage the day to day operation of the court, and WHEREAS, the addition of a second fulltime judge will ensure diversity of decision making within the Kent Municipal Court, and 1 Chapter 2.34—Municipal Court WHEREAS, the addition of a fulltime Judge and elimination of the commissioner position will have little financial impact on the budget of the Municipal Court, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Section 2 34 040 of the Kent City Code, entitled "Judges - Appointment - Qualifications," is hereby amended to read as follows See. 2.34.040. Judges—Appointment— Qualifications. A The municipal court shall have two (2) full-time judicial positions titled "Position I" and "Position II" Subject to subsection 3 of this section, each position shall be filled for a term of four (4) vears "' thiii il N "-"` aa_,s a`"- '"' effe6tiN ' v B Position I has been filled by election with the term beginning January 1, 2002 Position one shall be filled by election on January 1, 2006, and every four (4) years thereafter Exeept as set F, Ia in h, et. (C) belay,, the ,.I a„n i' iy shall shall L RiaJ eii ar I Fere D h 1 F 1. ,eatpfeee7 he yeaf in Mu eh heten:ns to eammenee C Pursuant to RCW 3 50 070 within thirty (30) days of the passage of this ordinance the mayor shall appoint a judge to fill the initial term of Position II The mayor's appointment shall be subject to the approval of the City Council The initial term of Position II shall expire at midnight December 31 2005 Position II shall be filled by election beginning with the term that commences on January 1, 2006, and 2 Chapter 2.34—Municipal Court every four (4) years thereafter The .a,....c.pu al • i slid!! be el e, 'ed f F the �� �� 1 1r ,..h f !1 time eq ,. „letit , ,dteial position shAl be filled by I,,.r, n jEfdg are efflple�'E!ElA 1„ R11 the .. Siidvir 7 T., .. ,ty ,.,th .. e (i) OF e +till t. .., Si>�ns half(1 '2) fa F. 11tm equtA pesitiaii, shall lse be fill.. ! eleettofi D A person appointed or elected as municipal Judge shall be a citizen of the United States of America and of the state of Washington and a resident of King County, and an attorney admitted to practice law before the courts of record of the state I of Washington E An election required by this section shall be conducted in the same manner as other elective officials of the city are elected SECTION 2. — Severability If any one or more section, subsections, or sentences of this Ordinance are 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 SECTION 3. — Effective Date This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law JIM WHITE, MAYOR ATTEST BRENDA JACOBER, CITY CLERK 3 Chapter 2.34—Municipal Court APPROVED AS TO FORM TOM BRUBAKER, CITY ATTORNEY PASSED day of 12002 APPROVED day of 12002 PUBLISHED day of 12002 I hereby certify that this is a true copy of Ordinance No passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated (SEAL) BRENDA JACOBER, CITY CLERK I P\Civil\Ordinance\MumapalCourt Scaion234 NO doc 4 Chapter 2.34—Municipal Court ADMINISTRATION Mike Martin, � Chief Administrative Officer KET Phone 253-856- 70 O Fax 253-856-6700 WAS HINGTGN Address 220 Fourth Avenue S Kent,WA 98032-5895 To: Jun White, Mayor From: Mike Martin, Chief Administrative Officer Re: Addition of Full-Time Judicial Positron to Kent Municipal Court Date: May 8, 2002 This memo is a follow-up to the conversations we have had regarding the addition of a fulltime Judicial position to the Kent Municipal Court I am recommending that the fulltime positron be added, and that in turn, the commissioner positron at the court be eliminated I am also recommending that the current Commissioner at the Kent Municipal Court be appointed to fill the second Judicial position There are a number of reasons that the addition of a second fulltime Judge would be advantageous to the city First, approximately 20,000 cases are filed in the municipal court Thus, workload alone Justifies the addition of the second Judicial positron Second, the addition of a second Judicial position would ensure diversity of Judgement on the court Third, pursuant to a rule recently issued by the Supreme Court, each court must have a presiding Judge who is responsible for the day to day management of the court The addition of a Judicial position would enable the positron of presiding Judge to be alternated between the two Judges The current commissioner performs most of the duties that a Judge performs, however, the commissioner is unable to make policy decisions or officially preside over the court in the absence of the fulltime Judge The addition of the fulltime Judicial position in exchange for the commissioner position would have relatively little impact to the court budget The city has employed a commissioner in a fulltime capacity since 1994 Replacing the commissioner position with a fulltime Judicial position will result in an additional $15,000 in expenditures for salary and benefits It is important to note that the Finance Department has projected that court related revenue are expected to exceed budget estimates by approximately $75,000 Therefore, there is more than ample funding within the court budget to cover the additional cost According to state law, the Mayor of a city has the authority to appoint a judge to fill a judicial position subject to approval by the City Council The appointment remains effective until the following scheduled judicial election at which time the judicial position is filled by MEMORANDUM Jim White, Mayor May 8, 2002 Page 2 election If you appoint a judge to fill the second judicial position, the appointment will remain effective until December 31, 2005, at which time the position will be filled by election Upon the creation of a second judicial position, I would recommend that you appoint Commissioner Glenn Philips to serve as Municipal Court Judge Commissioner Philips has occupied the position of Commissioner of the Kent Municipal Court since 1994 and has served the citizens of Kent with honor, dignity, and expertise Commissioner Philips has extensive knowledge of the law and municipal court operations He is well respected and often consulted by the Municipal Court Judges Association He is known as a fair and impartial Commissioner and has gained the respect and support of the attorneys who have appeared before him From the inception of the Kent Municipal Court, Commissioner Phillips has been instrumental in its operation In summary, I recommend that a second fulltime judicial position be created in place of the current commissioner positron In addition, I recommend that you appoint the city's current commissioner, Commissioner Glenn Phillips, to the position of full time judge, subject to the approval of the City Council Page 2 Citation Search Result Rank 5 of 6 Database Wa-h. AGO 1995 NO 9 WA-AG (Oe as : 1995 WL 418501 (Wash.A.G. ) ) - Office of the Attorney General State of Washington *1 AGO 1995 No 9 June 30 , 1995 MUNICIPAL JUDGES - MUNICIPAL COURTS - MUNICIPAL DEPARTMENTS - CITIES - COUNTIES - ELECTIONS - FILLING VACANT MUNICIPAL COURT OR MUNICIPAL DEPARTMENT POSITIONS 1 If a vacancy occurs in a municipal court position established under Chapter 35 20 RCW (cities of over four hundred thousand population) , or Chapter 3 50 RCW (all other cities) , the vacancy will be filled by appointment for the remainder of the term, with no midterm special election 2 . If a vacancy occurs in a municipal department of a district court operating pursuant to Chapter 3 46 RCW, the vacancy in the district court position will be filled by appointment by the county legislative authority with subsequent special election for the remainder of the term served (but any such election must occur only in an even-numbered year) ; the city will subsequently decide which judges on the district court will be designated as municipal department judges . 3 If a city creates a new municipal court position or a new municipal *rtment position, to take effect during the term prescribed by statute for s 1 positions, the new position will be filled in the same manner as if a vacancy had occurred in an existing position in the same court . 4 . If a city creates a new municipal court position pursuant to Chapter 3 . 50 of Chapter 35 . 20 RCW, effective as of the beginning of the next statutory term for such a judgeship, the initial judge will be chosen by election if it is a full-time position or a part-time position covered by RCW 3 50 . 055 , otherwise, the city may elect to make the position elective or appointive 5 If a city creates a new municipal department position within a district court pursuant to Chapter 3 . 46 RCW, and the judge is to serve the municipal department full-time, and the position will take effect with the beginning of the next term for district court judges , the initial judge will be nominated and elected in the manner for district court judges but with only electors of the city voting for the position 6 . If a city creates a new municipal department position within a district court pursuant to Chapter 3 46 RCW, to take effect with the beginning of the next term for district court judges, and the judge is to serve the municipal department part-time, the city may either designate an existing district judge to serve the municipal department, or provide tha= a new district judge nominated and elected by the judicial district will serve in the new municipal department position The Honorable Ralph Munro etary of State Box 40232 Copr © West 2001 No Claim to Orig U. S . Govt . Works Page 3 Wash AGO 1995 NO. 9 (Cite as : 1995 WL 418501, *1 (Wash.A.G. ) ) Olympia, WA 98504-0232 _ Dear Secretary Munro : By letter previously acknowledged, you have requested our opinion on the following two questions : e I I Will an unexpired term election be required for any vacancy occurring in an existing judicial position in either a municipal court or a municipal department of a district court, in light of the provisions of RCW 3 . 46 063 , 3 . 46 100 3 50 . OS5 , 3 . 50 093 , and RCW 29 . 13 . 010 and 29 21 410'� fmHow should newly-created positions on such courts be filled initially, and under what circumstances, if any, should an unexpired term election be held for such positions? BRIEF ANSWER L respaise-toour a�stwqu st173H#kwe conclude that no unexpired term election would be required as to any vacancy occurring in an existing position on a municipal court . As to municipal departments of the district court, however, we conclude that an unexpired term election would be required in the same manner as for any other district court position. No additional procedure, or designation of the position on the ballot , would be required by virtue of the position also serving a municipal department . The judge to serve the municipal department would be selected by the city from among the judges of the distri court , including any judge appointed by the county legislative authority to the vacancy or any judge who might have already been a member of the court . Inrespanseo--,your-seeonaa-quxest�on , we conclude that unless the legislation authorizing the new position directs that it be filled at a regular, full term election, it would be filled as a vacancy, in the same manner described in response to your first question. If the authorizing legislation specifically requires the position to be filled at a regular, full term election, that election would be conducted in the manner more fully described in oar answer BACKGROUND In order to provide context to your questions, it is helpful to examine the three different municipal court systems authorized by state law, as well as recent legislation affecting the selection of judges . Laws of 1993 , ch 317 (effective January 1, 1995) . A city may either operate its own municipal court pursuant to chapter 3 . 50 or 35 20 RCW (depending upon population) , or establish a municipal department in the county district court within which the city lies . RCW 3 46 [FN1] Municipal Courts The Legislature has provided for two separate systems of municipal courts, depending upon the population of the city. Municipal courts are established law in all cities with populations exceeding four hundred thousand. RCW Copr. 0 West 2001 No Claim to Orig U. S . Govt . Works Page Wash AGO 1995 NO 9 (Cite as : 1995 WL 418501, *2 (Wash.A.G. ) ) 3 . 010 (1) Courts in these larger cities are governed by chapter 35 . 20 RCW, ra _ er than by the provisions of Title 3 of the RCW upon which we will focus most of our analysis . At their option, such cities may enter agreements with counties under which the municipal court would be terminated and the city would pay the county the costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the termination RCW 35 . 20 101 (2 ) Most of our discussion will focus on municipal courts in cities with populations of below four hundred thousand. At their option, such cities may either establish their own municipal courts, governed by chapter 3 50 RCW, or use a municipal department of the district court under chapter 3 .46 RCW RCW 3 50 . 007 and 3 . 50 . 010 . A municipal court established under chapter 3 50 RCW operates as a separate court, and not as a part of the district court system. AGO 1991 No. 13 at 3 . *3 In the past , cities opting to create municipal courts under chapter 3 50 RCW could choose to select their judges either by appointment or by election RCW 3 . 50 050 A new statute, enacted in 1993 but effective on January 1, 1995 , requires that all full-time equivalent judicial positions , and some part-time positions , on such courts, "shall be filled by election. " RCW 3 . 50 055 (1) [FN2] We have recently advised that this statute removes the option of making such positions appointive, but neither shortens the terms of office of judges sitting by virtue of appointment as of its effective date, nor alters the schedule for holding elections to full terms AGO 1995 No . 4 at 6 *cipal Departments of District Court Cities that do not operate their own, independent, municipal courts may instead secure the establishment of a "municipal department of the district court " RCW 3 . 46 010 . Even though such departments hear cases arising under city ordinances, they are a part of the larger district court system established in each county RCW 3 46 030 , AGO 1991 No 13 at 2 As sucr_, " [e] ach judge of a municipal department shall be a judge of the district tour in which the municipal department is situated. " RCW 3 . 46 . 020 . Because the municipal department is part of the larger district court , the judges sitting in that capacity are drawn from the district court bench In the past , full-time judges for municipal departments could be selected from among the district court judges either, "by election, or by appointment in such manner as the city legislative body determines " RCW 3 46 . 050 The same legislative enactment that altered this rule with regard to municipal courts operating under chapter 3 . 50 RCW also removed the option of appointing most judges for a municipal department RCW 3 46 . 063 As with municipal courts , the city may still decide to appoint some part-time judges from among the district court judges , under certain circumstances . See footnote 2 , supra ANALYSIS our first question, repeated for ease of reference, inquired. 1 Will an unexpired term election be required for any vacancy occurring in Copr '�' West 2001 No Claim to Orig U. S Govt . Works f ?age 5 Wash AGO 1995 NO . 9 (Cite as : 1995 WL 418501, *3 (Wash.A.G. ) ) an existing 3udicial position in either- a municipal court or a municipal department of a district court , in light of the provisions of RCW 3 .46, 063 , 3 . 46 . 100 , 3 50 . 055 , 3 . 50 . 093 , and RCW 29 . 13 010 and 29 21 . 410? We consider this question separately under each of the three possible statutory models . We first answer your question as it relates to municipa= courts in cities with populations over four hundred thousand, second as It applies to cities with populations below that level, and finally as it relates to municipal departments of district courts . [FN3] We note at the outset that as to all three of these situations our answers are not limited to a transitional period made necessary by the enactment of La.:s of 1993 , ch 317 Our previous opinion, AGO 1995 No 4 , concluded that the 1993 act changed the affected ]udicial positions from appointive offices to elective ones . We concluded that this transition did not require early elections so long as appointed incumbent budges continued to serve the terms to which they were appointed The first full-term election would not occur until the regular expiration of the current term (which will vary depending upon which variety of court is at issue) . We also concluded that , even though early elections o,ere not necessary in all cases, vacancies that occur during the current term would be treated as vacancies in an elective office . AGO 1995 No. 4 at 6 We discern no special rule that would govern such vacancies in positions to which the previous incumbent was appointed. Municipal Coarts Governed by Chapter 35 . 20 RCW *4 Municipal courts in cities with populations exceeding four hundred teusk are governed by chapter 35 20 RCW The 1993 act did not amend or add to that chapter Lars of 1993 , ch. 317 . Your question may therefore be readily answered as to these courts , without reference to the new law RCW 35 . 20 150 provides that vacancies on municipal courts in larger cities, "shall be filled by the mayor, to serve out the unexpired term. Such appointment shall be subject to confirmation by the legislative body of t:e city. " This statute does not call for an unexpired term election It si-ply provides for the appointment of a new judge, "to serve out the unexpired term. " Id. As to municipal courts governed by chapter 35 . 20 RCW, we therefore answer your first question in the negative . The individual appointed by the mayor and confirmed by the legislative body may complete the unexpired term, withou an unexpired term election Municipal Cosrts Governed by Chapter 3 50 RCW Your quest-on raises additional issues in the context of municipal courts for cities below four hundred thousand in population. The 1993 act added a new statute to chapter 3 50 RCW, without amending or repealing pre-existing statute: governing the selection of municipal court ]udges We therefore endeavor to read the various statutes together in such a manner as to harmonize their results and give affect to the intent of the legislature in enacting all relevant sections State ex rel . Royal v. Yakima Cy. Commis, 123 Wn. 2d 4510 Copr. ° West 2001 No Claim to Orig U. S. Govt . Works Page 6 Wash AGO 1995 NO 9 (Cite as : 1995 WL 418501, *4 (Wash.A.G. ) ) 4 0 , P. 2d (1994) - _cancies on the municipal court are filled according to RCW 3 50 . 093 That section provides Any vacancy in the municipal court due to a death, disability, or resignation of a municipal court judge shall be filled by the mayor, for the remainder of the unexpired term. The appointment shall be subject to confirmation by the legislative authority of the city or town if the legislative authority has the general power of confirmation over mayoral appointments The appointed judge shall be qualified to hold the position of judge of the municipal court as provided in this chapter. The answer to your first question turns upon the relationship between this statute and RCW 3 . 50 . 055 , which was added by Laws of 1993 , ch 317, § 4 , effective this year. That new section requires that , with the exception cf certain part-time positions, all positions shall be " filled by election. " As we recently concluded, "The effect of RCW 3 . 50 055 . is to eliminate the option cities have to make many of their municipal judgeships appointive " AGO 1995 No 4 at 3 We also noted in that opinion that the new statute gives no instructions as to when and how elections shall take place . Id We therefore conclude that RCW 3 50 055 acts merely to change the nature of certain judicial positions from appointive to elective offices, and note that it does so without amending any statutes related to vacancies . *5 RCW 3 . 50 . 093 does not explicitly state , in so many words, that no unexpired term election shall be held Instead, it provides that the person appointed to fie the vacancy, "shall be qualified to hold the position of judge of the n cipal court as provided in this chapter Id Since RCW 3 . 50 055 now provides that such positions shall be "filled by election, " it could be argued that the new statute now requires an unexpired term election The two statutes are better harmonized, however, by concluding that no unexpired term election is required. RCW 3 . 50 093 states that mayor shall fill a vacancy by appointment , "forthe remainder of the unexpired term " Id The legislature is "presumed to have full knowledge of existing statutes affecting the matter upon which they are legislating. " Louthan v. King Cy. , 94 Wn 2d 422 , 429 , 617 P 2d 977 (1980) . The legislature generally expressly provides for an unexpired term election when one is intended See , e .g , RCW 42 . 17 . 070 (6) (describing unexpired term elections for certain local nonpartisan governing bodies) It seems reasonable to conclude that if the legislature had meant to require unexpired term elections it would have done so more explicitly This view is further supported by the fact that prior to January 1 , 1995 , cities that had voluntarily opted for elected judges would not have been required to hold unexpired term ejections upon the happening of a vacancy The new legislation must be viewed as operating the same way in all cities , without regard to whether they used appointed or elected judges previously It is therefore reasonable to conclude that RCW 3 50 055 merely requires that certain positions become elective, it does not affect those positions in any other way. We therefore decline to interpret RCW 3 50 . 055 as requiring an unexpired term election. While adding this section, requiring certain positions to be " filled lection, " the legislature neither expressly provided for unexpired term ticns nor amended the pre-existing statute authorizing the mayor to fill Copr. 1�' West 2001 No Claim to Orig. U. S . Govt Works Page 7 Wash. AGO 1995 NO. 9 (Cite as : 1995 WL 418501, *5 (Wash.A.G. ) ) vacancies by appointment for the remainder of the term. In this context , the phrase "filled by election, " in RCW 3 .50 . 055 would be a thin thread from which to spin a new requirement of unexpired term elections . [FN4] For these reasons we also answer your first question in the negative as it relates to cities operating municipal courts pursuant to chapter 3 . 50 RCW Municipal Departments of District Courts Municipal departments of district courts are very different in their nature from municipal courts . Unlike municipal courts , the municipal department of a district court is not a stand-alone court It is part of the larger county district court AGO 1991 No . 13 at 2 . Its judges are judges of the district court . RCW 3 46 . 020 A vacancy in a municipal department would therefore ordinarily also be a vacancy on the district court For this reason, it is necessary to examine the statutes regarding vacancies on the district court , as well as those for the municipal department *6 Vacancies on district courts are filled according to the instruction of RCW 3 . 34 . 100 That statute provides, in pertinent part , that , " [t] he county legislative authority shall fill all vacancies by appointment and the judge thus appointed shall hold office until the next general election and until a successor is elected and qualified. " Id. This statute therefore calls for an unexpired term election, because it only authorizes the appointed judge to serve, "until the next general election. " Id. [FN5] Since judges serving in the municipal department are also judges of the largh district court, it is clear that judges selected to fill a vacancy must be selected according to RCW 3 34 . 100 . The county legislative authority fills the vacancy on the district court by appointment , subject to an unexpired term election This process , however, only determines who shall be entitled to serve on the district court . We must also consider how a vacancy is filled on the municipal department , given that the judge of the municipal department must be a judge of the district court _ RCW 3 . 46 . 020 Vacancies in the municipal department are governed by RCW 3 . 46 100 , which readst A vacancy in a position of full time municipal judge shall be filled for the unexpired term by appointment in such manner as the city may determine In districts having more than one judge, a vacancy in a position of part time municipal judge shall be filled for the unexpired term by appointment in such manner as the city shall determine from the judges of the district, including any judges appointed by the county commissioners to fill an unexpired term The 1993 legislation added a new Section to chapter 3 . 46 RCW, governing municipal departments, that is virtually identical to RCW 3 . 50 . 055 , discussed above with respect to municipal courts That section, codified as RCW 3 46 063 , merely requires that certain positions on the municipal court are to be "filled by election. " For the same reasons that we concluded that the new legislation did not create a new requirement for unexpired term elections on the municipal court , we conclude that RCW 3 46 . 063 does not create such a requirement as to municipal departments When read together, RCW 3 34 . 100 and 3 .46 . 100 describe the following proces Copr ° West 2001 No Claim to Orig. U S . Govt Works Page 8 Wash. AGO 1995 NO 9 (Cite as : 1995 WL 418501, *6 (Wash.A.G. ) ) T ounty legislative authority fills the vacancy on the larger district court bench by appointing a new judge That judge holds office until the next applicable general election, at which time the position will appear on the ballot for an unexpired term RCW 3 34 . 100 . This appointment and unexpired term election merely entitles the judge to serve on the district court bench The city selects a judge from among the district court bench to fulfill the remainder of the term for the vacancy in the municipal department This selection may be the newly-appointed judge , or another member of the bench of that district . If the city chooses the newly-appointed judge, and he or she loses the unexpired term election, the department would again be vacant , requiring another appointment from among the district judges [FN6] *7 We considered, but rejected, the possibility that this analysis could be altered by the last sentence of RCW 3 46 . 070, which reads, "Only voters of the city shall vote for municipal judges . " Since it is codified in chapter 3 46 RCW, this provision was clearly intended to address district court judges serving on municipal departments , even though such judges are judges of the larger district, which may include areas outside the city The selection process we have outlined results in a new judge serving the district court, without an election taking place that is limited to voters of the city, even though an election may take place throughout the district . Our resolution of this issue flows from our conclusion that the 1993 legislation that added RCW 3 46 063 did not create a new requirement for an upired term election. It also did not alter the application of RCW 3 . 34 . 100 , ting to the district court as a whole Our reasoning is the same as was set f._ _ _h with regard to municipal courts, in relation to RCW 3 . 50 . 055 . The legislature did not amend RCW 3 46 100 , which allows for appointments to fill vacancies, when it determined that most municipal judicial positions should be elective in nature . [FN7] As to municipal departments of the district court, we therefore respond to your first question by concluding that the 1993 legislation did not create a new or additional requirement of holding an unexpired term election Since such vacancies will usually also entail a vacancy on the district court , an unexpired term election would take place as to the district court position We turn now to your second question, which, repeated for ease of reference, inquired 2 How should newly-created positions on such courts be filled initially, and under what circumstances, if any, should an unexpired term election be held for such positions? The answer to this question depends upon the effective date of the newly- created position. Either the position will be vacant as of the effective date of its creation, or it will be created so as to coincide with a regular, full term election Mid-Term Vacancies If the position is not created to coincide with a regular, full term election that position, a vacancy would be created as of its effective date Our reme court has held that a vacancy exists in a newly-created judicial Copr ° West 2001 No Claim to Orig. U. S . Govt . Works Page 9 Wash AGO 1995 NO . 9 (Cite as : 1995 WL 418501, *7 (Wash.A.G. ) ) position as of the date the legislative act creating it takes effect . Fain vo Chapman, 89 Wn 2d 48 , 51, 569 P 2d 1135 (1977) The vacancy should be treated in the same manner as any other vacancy, whether created by death, resignation, or otherwise. Id [FN8] , This means that the vacancy should be filled according to the same principles discussed in response to your first question Depending upon which type of court is involved, the process outlined above should be followed, including the holding of an unexpired term election in the case of a district court judge . New Positions to be Filled by Elections to Full Terms *8 Your question is somewhat more complex if the new position is created so as to coincide with an election for a full term. [FN91 Although your questions concern unexpired terms for the most part, this possibility makes it necessary for us to discuss elections for full terms as well In the case of a position on the municipal court , the election for the new position would be held in the same manner as any other position on the ballot for a full term. RCW 3 . 50 . 050 In the case of a municipal department of a district court, the analysis becomes more complex As we noted in response to your first question, judges serving the municipal department of a district court assume a dual character. In order to be eligible for service in the municipal department, they must be judges of the district court in which the city is situated. RCW 3 46 . 020 . They also must be selec for the municipal department . After January 1, 1995, as for full terms, thi selection must be made by election RCW 3 46 . 063 . [FN10] 4 The question of how positions on the municipal department of the district should appear on the ballot , and which voters are eligible to participate in the election, requires further review. It is clearly now necessary for the ballot to disclose that one or more positions on the district court will serve the municipal department , whether full-time or part-time RCW 3 . 46 063 . The case of Nollette v Christianson, 115 Wn. 2d 594 , 800 P . 2d 359 (1990) , suggests the variety of ways in which a municipal department of a district court may be organized In that case, as a part of its recitation of the facts, the court described the evolution and organization of the Spokane County District Court, and particularly its municipal department serving the City of Spokane . The district court included eight judges . The mayor of Spokane appointed four of those judges to serve the municipal department, part-time . Each of those fou judges would also hear cases as a regular district judge for the remainder of their time . Id. at 601-603 , This illustrates one option for organizing the court A city might instead designate one or more district court judges to hear cases in the municipal department full-time . A city could also designate a combination of full-time and part-time judges . We see nothing in the statutes that would preclude a cit from choosing any of these options [FN11] We also note that under the last sentence of RCW 3 . 46 . 070, "Only voters of th city shall vote for municipal judges . " The question arises as to how the voter shall select the district judges serving the municipal department pursuant to RCW 3 46. 063 , given that a full-time district judge might serve either full- Copr ° West 2001 No Claim to Orig U S . Govt Works Page 10 Wash. AGO 1995 NO. 9 (Cite as : 1995 WL 418501, *8 (Wash.A.G. ) ) part-time, or not at all in the municipal department Our task is refore to harmonize the statutes specifying (a) that only voters of the city are to vote for municipal positions (RCW 3 46 . 070) , (b) that the judges from whom the selection is made to the municipal department must also be elected as judges of the district court, potentially serving the entire district as well as the city (RCW 3 46 . 020) , and (c) that the selection of which district judges serve the municipal department is to be made by the voters (RCW 3 46 063) See Royal , 123 Wn 2d at 459-60 *9 This matter is easiest to resolve when a particular position on the district court is designated to serve full-time in the municipal department Although the winning candidate would still be elected to the office of district ]udge, RCW 3 .46 . 070 informs us that only voters of the city would be eligible t<, vote for that position Since the judge serving in that position would not ordinarily hear cases as a district judge for the larger district outside the city, the fact that voters outside the city limits would not participate in the election does not seem inconsistent with legislative intent . The issue becomes more difficult if the position is to serve the municipal department part-time, and the judge is to hear other district court cases as an additional part of his or her regular duties RCW 3 46 . 070 only tells us that "municipal judges" shall be voted upon by city voters alone If the judge is tc- hear district court cases as well, the statute does not clearly express a legislative intent to disenfranchise the voters outside the city who would fall within the judicial jurisdiction of the position. CW 3 46 063 (added by the 1993 act) .instructs that , as to positions with thi- ae of division of time , the municipal department is to be "filled by election. " That statute clearly comprehends that some part-time positions must be filled by election, and in fact establishes a fairly complex standard designed to assure this result in many situations It is therefore clear that voter approval, specifically related to service in the municipal department, is now required We therefore must determine the extent of participation by voters within and without the city limits, as to a mixed position Since the position is that of district judge, and will regularly hear district court cases, it seems most reasonable to conclude that all voters of the district would be eligible to vote as to this position. RCW 3 34 050 anticipates that all voters of the district shall be able to vote for district judges . [FN12] RCW 3 . 46 . 070 describes its application as affecting only, "municipal judges , " a term that under these circumstances, and in context , can reasonably be construed to mean only fudges serving full-time in the municipal department We considered, but rejected, the possibility that RCW 3 . 46 . 070 could be given partial effect in this situation by construing it to empower the voters of the city to reject the district-wide winner as a judge of the municipal department In other words , it could be argued that if two candidates seek the position, an the candidate who garners the most votes overall does not do so within the city the election would establish that this candidate would be entitled to serve on the district court, but not on the municipal department . The city would then 11 the vacancy on the municipal department by appointment from among the ges of the larger district court This possible interpretation breaks down Copr West 2001 No Claim to Orig. U. S . Govt . Works Page 11 Wash AGO 1995 NO. 9 (Cite as : 1995 WL 418501, *9 (Wash.A.G. ) ) for three reasons, however First , it could not be applied to a multi-candi race, in which a primary would screen the candidates to two finalists The significance of the city vote would not be apparent in that situation. Second, it is entirely possible that, depending upon the size of the district court and number of judges designated to the municipal department , there might not be any additional judges on the district court available for selection. Finally, and perhaps most importantly, this construction seems an unnatural blending of the various statutes without an obvious grounding in legislative intent . [FN13] *10 For these reasons, we conclude that if the new position is created so as to be filled initially by an election to a full term, the procedure for conducting the election will depend upon the nature of the position A new position on a stand-alone municipal court should be filled by an election conducted in the same manner as any other city election. As to a municipal department of the district court , the position must appear on the ballot as a district court position serving the municipal department . If the position is to serve the municipal department full-time, only the voters of the city should participate in the election If the position is to both serve the municipal department and additionally function as a regular district court position, hearing non-city cases, the voters of the entire district should participate in the election We trust this opinion will be of assistance to you Very truly yours , Christine O. Gregoire Attorney General Jeffrey T. Even Assistant Attorney General [FN1] Throughout this opinion, we omit any consideration of possible variations under local city or city-county charters . We draw no conclusions as to whether charters may, or may not, vary these arrangements . [FN2] The 1993 legislation requires that most part-time positions be elective if the city uses at least one full-time equivalent (FTE) position, even if that FTE is divided among a number of part-time judges . Part-time positions can, optionally, be appointive if the city uses less than one FTE in total If the city uses more than one FTE, the fractional portion of an FTE may or may not be required to be elective, depending on whether the portion is greater than, or less than, one-half of an FTE, without regard to how many judges combine to provide that fractional portion. RCW 3 46 . 063 and 3 50 055 [FN3] . Although Washington statutes contain a chapter devoted to vacancies in office, chapter 42 . 12 RCW, its provisions do not affect our conclusions . RCW 42 . 12 070 , which provides for vacancies in nonpartisan offices, relates only governing bodies of special districts , towns , and some cities . RCW 42 12 03 16 which describes the term in office served by the winner of an unexpired term Copr. 0 west 2001 No Claim to Orig. U. S . Govt . Works Page 12 Wash. AGO 1995 NO . 9 (Cite as : 1995 WL 418501, *10 (Wash.A.G. ) ) e0-ion, does not provide instruction as to when such elections are required [FN4] . The other statutes recited in your question would not change our answer. RCW 29 13 010 and 29 21 410 relate to the timing of city elections , but do not specifically authorize unexpired term elections . If an unexpired term election were required, those statutes would help determine when the election should be held. Given our conclusion that an unexpired term election does not take place, those statutes are not implicated. [FNS] An unexpired term election for district court judge, however, would occur only in an even-numbered year The general elections in odd-numbered years are limited to those positions listed in RCW 29 . 13 . 010 District court judges are not included in that list, and therefore an unexpired term election as to that position can be held only in an even-numbered year. We have previously so concluded informally AGLO 1973 No. 76 [FN6] In this situation, the municipal department would be vacant , even though the district court bench would be filled. The winner of the unexpired term election would be elected to the district court bench, but since there is no independent requirement of an unexpired term election for the municipal department , the election would not determine the successor to that department . A vacancy in a municipal department could conceivably also occur if a judge resigns from the municipal department , while remaining an active ]udge on the *er district court In this eventuality, the city would simply appoint a s_ essor to fill the vacancy from among the judges of the district court ; RCW 3 46 100 . There would be no need for a new appointment by the county legislative authority, followed by an unexpired term election, because there would be no vacancy on the district court itself [FN7] . We should be clear, however, that these conclusions relate only to vacancies , and not to elections to full terms . Our analysis regarding elections to full terms is significantly different, and is presented as part of our discussion of your second question. [FN8] . See also AGO 1995 No . 4 at 4 , in which we summarized the court Is previous holdings toward filling newly created judicial positions [FN9] The question whether a position should be filled initially by appointment or election has occasionally been the subject of litigation See Hallin v Trent, 94 Wn.2d 671 , 619 P . 2d 357 (1980) [FN10] See footnote 2 , supra, for a discussion of the exceptions to this rule for certain part-time judges [FN11] . A city ' s decision as to whether to use full-time or part-time judges is significant for another reason As we have previously observed - The jurisdiction of a district judge , while serving a municipal department , imited to matters arising from city ordinances unless otherwise conferred b, Copr '�) West 2001 No Claim to Orig U. S Govt . Works Page 13 Wash. AGO 1995 NO. 9 (Cite as : 1995 WL 418501, *10 (Wash.A.G. ) ) statute , RCW 3 46 . 030 When a district judge is not serving the municipal 40 department , his or her jurisdiction is much more extensive in both civil and criminal matters See RCW 3 66 020 , 060 . AGO 1991 No . 13 at 2 . This is all the more true following the approval by the voters of Amendment 87 to the state constitution in 1993 , which extended district court jurisdiction to cases in equity. This means that a judge serving full-time in a municipal department would exercise a more limited jurisdiction, despite having been elected to a position on the district court . [FN12] It is possible that , under some circumstances , the issues discussed in text could be avoided or ameliorated either in the context of a countv districting plan, under RCW 3 . 38 . 020 , or by adopting electoral districts within a county-wide court district under RCW 3 . 38 . 070 . A full consideration of these possibilities would exceed the bounds of this opinion We note, however, that such options may reduce the flexibility the county would otherwise have in designing its districting plan. [FN13] The legislature may wish to review the statutes under discussion, and consider how best to treat municipal department positions . Wash. AGO 1995 NO. 9, 1995 WL 418501 (Wash.A.G. ) END OF DOCUMENT Copr. C West 2001 No Claim to Orig U S . Govt Works This document has been updated.Use KEYCITE. WEST'S REVISED CODE OF WASH INGTON ANNOTATED TITLE 3 DISTRICT COURTS--COURTS OF LIMITED JURISDICTION CHAPTER 3 50 MUNICIPAL COURTS--ALTERNATE PROVISION Copr ©West Group 2002 All rights reserved Current through Chapter 3 of 2002 Regular Session 3 50 040 Municipal judges--Appointed--Terms qualifications--District Judge as part time municipal Judge Within thirty days after the effective date of the ordinance creating the municipal court, the mayor of each city or town shall appoint a municipal Judge or Judges of the municipal court for a term of four years The terms of Judges serving on July 1, 1984, and municipal Judges who are appointed to terms commencing before January 1, 1986, shall expire January 1, 1986 The terms of their successors shall commence on January 1, 1986, and on January I of each fourth year thereafter, pursuant to appointment or election as provided in this chapter Appointments shall be made on or before December 1 of the year next preceding the year in which the terms commence The legislatne authority of a city or town that has the general power of confirmation over mayoral appointments shall hat e the power to confirm the appointment of a municipal Judge A person appointed as a full-time or part-time municipal Judge shall be a citizen of the United States of Amenca and of the state of Washington, and an attorney admitted to practice law before the courts of record of the state of Washington PROVIDED, That in a municipality having a population less than five thousand persons, a person other than an attorney may be the Judge Any city or town shall have authority to appoint a district Judge as its municipal Judge when the municipal Judge is not required to serve full time In the event of the appointment of a district Judge, the city or town shall pay a pro rata share of the salary WEST'S REVISED CODE OF WASHNGTON ANNOTATED TITLE 3 DISTRICT COURTS--COURTS OF LIVi IITED JURISDICTION CHAPTER 3 50 MUNICIPAL COURTS--ALTERNATE PROVISION Copr ©West Group 2002 All rights reserved Current through Chapter 3 of 2002 Regular Session 3 50 050 Mumcipa:Judge may be elective position--Qualifications, term The legislatne authority of the city or town may, by ordinance, provide that the position of municipal judge within the city or town shall be an elective position The ordinance shall provide for the qualifications of the municipal judge which shall be the same as the qualifications necessary for the appointment thereof, and further, shall pro�tde that the municipal Judge shall be elected in the same manner as odrer elective city officials are elected to office, and that the term of the municipal Judge shall be for a term of four years commencing on January 1, 1986, and eery four years thereafter WEST'S REVISED CODE OF WASHINGTOS ANNOTATED TITLE 3 DISTRICT COURTS--COURTS OF LMTED JURISDICTION CHAPTER 3 50 MUNICIPAL COURTS-:ALTERN ATE PROVISION Copr Z West Group 2002 All rights reserved Current through Chapter 3 of 2002 Regular Session 3 50 055 Judicial positions--Fillm�.--Circumstances permitted Notwithstanding RCW 3 50 040 and 3 50 050, Judicial positions ma} he filled only by election under the following circumstances (1) Each full-time equivalent Judicial position shall be filled by election This requirement applies regardless of how many Judges are employed to fill the position For purposes of this section, a full-time equivalent position is thirty-fire or more hours per week of compensated time (2) In any city with one or more full-time equivalent Judicial positrons, an additional Judicial position or positions that is or are in combination more than one-half of a full-time equivalent position shall also be filled by election Kent City Council Meeting Date MU21, 2002 Category Consent Calendar 1 SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION GRANT— ACCEPT 2. SUMMARY STATEMENT: Accept the grant from the Washington Traffic Safety Commission in the amount of$5,000 and establish budget document, as required The funds from this grant will be used to fund officer overtime for the seat belt enforcement program entitled, "Click It Or Ticket." This is an enforcement activity with "zero tolerance" for seat belt violators. The program period will run from May 20th to June 2nd and will include media and public education activities. 3. EXHIBITS: Approval letter dated 4/29/02 from WTSC; Chief Crawford's letter of request dated 4/23/02 to WTSC; and Memorandum of Understanding between WTSC and Kent Police Department • 4 RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember op" seconds b� DISCUSSION. v� ACTION. Council Agenda Item No. 60 4}�ITAT[ O { S n= Y STATE OF WASHINGTON — — WASHINGTON TRAFFIC SAFETY COMMISSION 1000 S. Cherry St., PO Box40944 • Olympia, Washington 98504-0944 • (360) 7534797 April 29,2002 Lieutenant Glenn Woods Kent Police Department 220 Fourth Avenue South Kent, WA 98032-5895 Dear Lieutenant Woods Your request for a$5.000 grant to participate in the Click It Or Ticket seat belt mobdization May 20-June 2. 2002, is approved. Attached you will find a signed copy of the Memoranaum of Understanding between your agency and the Washington Traffic Safety Commission. As outlined in the grant announcement. funding is on a"reimbursement" basis and requires submission of a State invoice voucher upon completion of activity Support documents for reimbursement must include signec overture sups or payroll/expense records showing payments made, officer activity logs demonstrating performance. and a completed post mobilization 100- car seat belt survey If you need copies of these forms they are available at www wa ooviwisc!grants or you can call Cvnttna Coleman. (360) 586-3865 Performance standaras for funded personnel are a minimum of three (3) self-imuated contacts per hour funded with a "desired outcome" of three (3) seat belt cimnons per hour Allowaole use of funds is for overtime salary (@ 1 5 tunes normal rate), and wages and benefits of commissioned personnel in duect support of operational activity. No equipment purchases are authorized. Because statistics from this mobilization are needed for a report to congress we must receive your submission for reimbursement and the support documents no later than June 21,2002. Faxes cannot be accepted. Thank you for your participation in tins program If you have questions, please don't hesitate to contact me. Sincerely, " u~ u, a Angie Ward U- Occupant ProtectionProgram Manager (360)753-0877 award(a),wtsc.wa.eov • April 23, 2002 ` KENT WAS 1 cTon Angle Ward • Occupant Protection Program Manager —^ Washington Traffic Safety Commission POLICE ' P.O. Box 40944 EdCmwfordxJ Chief o2 Olympia, WA 98 04-0944 f • __ y - maw,:02w G Phone:253-856i5gGe" Re. Overtime Funding for "Click It or Ticket" Enforcement Fmc 253-85VZ& - _ - no Dear Angie, 220 Fourth Ave-S.- Kent WA 98032-5895�_ The Kent Police Department requests overtime officer fanding for the "Click It or Ticket" seat belt enforcement campaign GlenrtWoads from May 20 through June 2, 2002 We are= requesting $5, J00 to Lieutenant cover a total of 80 overtime hours The enforcement sc.edule Phone 253-856-587T is as follows May 20 3 Officers @ 3 hours each = 9 nours .gay 21 Z Jff-cars 0 3 Hours each = 6 nours Mav 22 1 Officer @ 3 nours = 3 hours Mav 23 2 Officers @ 3 hours 6 hours Mao 24 2 Officers @ 3 hours each = u hours Va,, 24 _ Officers G - acurs 1 nours Mav 25 1 Officer @ 4 nouns = 4 hours Mav 27 & 23 3 Officers @ 3 hours each = 18 hours Mav 29 & 30 1 Officer @ 3 tours = 6 hours Mav 31 2 Officers @ 3 hours =_acn = 6 lours May 31 2 Officers 9 _ tours each = 8 Hours jLn__ 1 1 Officer @ 4 nours - 4 hours Total Hours = 80 "he polnz of contact for Kent Police Department is Lie_tenant ,Glenn Wocas for overtime enforcement coordinarion and ;rant aaministrat_on :_ will ensure _nat r__ required documents for request for reimoursement are submitt=_c by Jure 21, 20C2 lieutenant Glenn Woods can oe reachea at 220 1" Avenue South, Tent, WA 98032, ?none 253-8566-5871, Fax 253-856-6802 or email address of gwocas@ci {ent wa us . Public Information Plan. Vance Mathews iili ccorninate -edia and public eaucation activities Nancy Mathews, Communiry Education Program Coordinator can be reached at 220 4" Avenue South, Kent, WA 98032, Phone 253-856-5882, Fax 253-856-8802 or email address of Hmathews@ci kent wa us We have attached the signed Memorandum of Understanding (MOU) and the pre-event 100-car survey We are preparea to complete the scheauled activities above when we receive a confirmation letter and cony of the fully executed MOU from you by May 10, 2002 Sincerely, �► �` I Ea Craw r� Chief of Police ryrye MEMORANDUM OF UNDERSTANDING WASHINGTON TRAFFIC SAFETY COMMISSION 1000 So.Cherry St, PO Box 40944,Olympia,WA 98504-0944 THIS AGREEMENT is made and entered into by and between. Kent Police Department Agency name Hereinafter referred to as 'Contractor and the WASHINGTON TRAFFIC SAFETY COMMISSION, hereinafter referred to as"WTSC' IT IS THE PURPOSE OF THIS AGREEMENT to provide overtime funding to law enforcement agencies to conduct "Zero Tolerance—Safety Belt Emphasis Patrols"during the period between May loth and June Zr", 2002 The goal or this project is to contao: as ,many ioiaioiss as pcss,oie with a "Zero Tolerance' Tor seat belt violations IT IS, THEREFORE, MUTUALLY AGREED THAT: 1 Contractor will provide a commissioned police officer(active or paid reserve)with appropnate'equipment (vehicle, radar, etc) on an "overtime' basis (not to exceed 1 5 times normal salary) to enforce seat belt laws No on-duty Dersonnel will be funded 2 The oenod of activity will begin on May 20 and extend through 2 June, 2002 Funding is not available for activity before or afterthis period and funding may not exceed the amount prescnbed in the attached Request for Proposal 3 cerronmance standards for funded personnel are a minimum of three (3) self-initiated contacts oer hour funded with a "desired outcome" of three (3) seat belt citations per hour This is an enforcement activity with "zero tolerance" for seat belt violations It is expected Notices of Infraction (NOI's) will be issued at contact unless circumstances dictate otherwise It is understood that violator contacts may resultin related, time consuming activity Such activity will be considered for reimbursement. Activity other than that initiated through empnasis patrol contact jinvestigating collisions, emergency responses, etc) will be the responsibility of the contracting agency and may not be considered for reimbursement 4 Contractor must suomit for reimbursement not later than June 21, 2002. Billings will include • Invoice Voucner, A19-1A Form (attached) Please note that we cannot accept a FAX. We must have ,our agency identified as the "Claimant', a Federal Tax ID T and an onoinal signature of the aeencv head, command officer or contracting officer on the A-19 form • Payroll support documents (overtime slips, payroll documents, etc) • Officer worksheets (showing 3 or more self-initiated contacts oer hour) • Post-event 100-car seat belt survey 5 Disputes ansing under this agreement shall be resolved by a panel consisting of one representative of the Washington Traffic Safety Commission, one representative from your agency and a mutually agreed upon third party The dispute panel shall thereafter decide the dispute with the ma)onty prevailing. 6 Either party may terminate this agreement upon (30) days written notice to the other patty. In the event of termination of this agreement, the terminating party shall be liable for the performance rendered prior to the erfecWe date of termination. IN WITNESS WHEREOF, PARTIES HAVE EXECUTED THIS AGREEMENT APPRO DIDISAPPROVED Kent Police Departripnt Agency Washington T ffic Safety Commission Ed Crawford, Chief of Police Return to: WTSC Cd a g ent (Pnn pe N e) PO Box 40944 Olympia,WA 98592-09" Signature Kent City Council Meeting Date May 21, 2002 Category Consent Calendar 1 SUBJECT: CIVIL SERVICE COMMISSION RE-APPOINTMENT - CONFIRM 2. SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Mr. Callms Zaratkiewicz to continue serving as a member of the Kent Civil Service Commission... MrGZaratkiiiewicz' new term will continue until 5/31/08. �� � 1 LZL..M1.,+4 M HIV^'✓' Gh 3 EXHIBITS: Memo 4. RECOMMENDED BY: Mayor White • (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: S SOURCE OF FUNDS. 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION. Council Agenda Item No 6P OFFICE OF THE MAYOR Jim White, Mayor Phone 253-856-5700 Fax 253-856-6700 • Address 220 Fourth Avenue S KENT Kent,WA 98032-5895 W ASHINGTON TO TIM CLARK, COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM JIM WHITE, MAYOR DATE MAY 13, 2002 RE REAPPOINTMENT TO KENT CIVIL SERVICE COMMISSION I have reappointed Calhus Zaratkiewrcz to continue serving as a member of the Kent Civil Service Commission Mr Zaratkiewicz' new term will continue until 5/31/2008 I submit this for your confirmation Jb Kent City Council Meeting Date May 21, 2002 Category Other Business 1. SUBJECT: DEMARCO ANNEXATION ZONING AND COMPREHENSIVE PLAN ORDINANCE 2 SUMMARY STATEMENT: The proposed ordinance establishes the comprehensive plan designations of Single Family Residential (SR-6) and Neighborhood Services, and zoning designations of Single Family Residential (SR-6) and Neighborhood Convenience Commercial (NCC) for the DeMarco Annexation Area. All consistent with the motion approved by Council at its May 7 meeting. 3. EXHIBITS: Ordinance • 4 RECOMMENDED BY: City Council (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 CITY COUNCIL ACTION: 3 k "f N. Councilmember e moves, Councilmember W seconds to adopt Ordinance No. 5 establishing comprehensive p n and zoning designations for the DeMarco Annexation area DISCUSSION: ACTION• Council Agenda Item No 7A i ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, relating to and implementing comprehensive plan and zoning designations for the DeMarco Annexation WHEREAS, on June 19, 2001, the Kent City Council adopted Ordinance No 3562, effective on July 1, 2001, approving the annexation of the DeMarco Annexation (the "Annexation Area") into the City of Kent, and WHEREAS, the Annexation Area is approximately 266 acres of land contiguous with the City's existing boundary, and is generally bound on the west by 116th Avenue SE. on the east by 132nd Avenue SE, on the north by SE 231 st, and on the I south by SE 240th, and is more particularly described in Exhibit "A" and "B" to this ordinance, and WHEREAS, the comprehensive plan designation for the Annexation Area is an issue of community-wide significance that promotes the public health, safety, and general welfare of the citizens of Kent, and WHEREAS, the City's Planning staff began work on the comprehensive plan and zoning designation for the Annexation Area, as outlined in Section 15 09 055 of the Kent Zoning Code, and 1 DeMarco Annexation Comprehensive Plan and Zoning Designations WHEREAS, the Land Use and Planning Board, prior to making a recommendation to the City Council, conducted a public hearing on May 21, 2001, to take public testimony on amendments to the comprehensive plan and zoning map for the Annexation Area, and WHEREAS, the City Council held two public hearings on the comprehensive plan and zoning designation for the Annexation Area, the first public hearing was held on July 17, 2001, and the second public hearing was held on August 21, 2001, and WHEREAS, during the September 18, 2001, meeting, the City Council adopted Ordinance number 3572 which adopted a comprehensive plan designation of Single Family Residential, 6 units per acre (SF-6) for the Annexation area and further adopted zoning of Single Family Residential (SR-6) and Single Family Residential (SR- 4 5) for the Annexation area, and WHEREAS, the Washington State Environmental Policy Act (SEPA) requires that comprehensive plans be reviewed as to their potential environmental impact, and that on May 23, 2001, the City of Kent issued an Addendum to the Environmental Impact Statement that was prepared for the Kent Comprehensive Plan, and that this Addendum analyzed the comprehensive plan and zoning designations inclusive of those adopted by the City Council on September 18, 2001, and i WHEREAS, on September 25, 2001, there was filed Lotto and Toppano i City of Kent in King County Superior Court, cause number 01-2-26006-5 KNT, which included allegations of procedural defects in the City's public process used to adopt Ordinance No 3572, and 2 DejVarco Annexation Comprehensive Plan and Zoning Designations WHEREAS, on October 25, 2001, there was filed Lotto and Toppano v City of Kent before the Central Puget Sound Growth Management Hearings Board, Case No 01-3-0024, which included allegations of procedural defects in the City's public process used to adopt Ordinance number 3572 in violation of the requirements of Chapter 36 70A RCW, the Growth Management Act, and WHEREAS, in accordance with RCW 36 70A 130(2)(b) and in consideration of the Superior Court and Growth Management Heanngs Board causes of action being dismissed, the City Council on November 20, 2001, authorized execution of stipulations or agreements whereby Ordinance No 3572 would be repealed, interim zoning of SR-2 would be adopted, and an appropriate public process would be followed to reconsider and adopt comprehensive plan and zomng designations for the annexation area, WHEREAS, Ordinance No 3572 was repealed in its entirety on December 11, 2001, and WHEREAS, the Land Use and Plammng Board conducted a public heann- on March 11, 2002, to take public testimony on amendments to the comprehensive plan and zoning map for the Annexation Area, and WHEREAS, the City Council held two public hearings on the comprehensive plan and zoning designation for the Annexation Area, the first public heanng was held on April 2, 2002, and the second public hearing was held on May 7, 2002, and i WHEREAS, during the May 7, 2002, meeting the City Council adopted comprehensive plan designations of Single Family Residential, 6 units per acre(SF-6) and Neighborhood Services for the Annexation Area, as depicted in Exhibit "A" attached, and 3 DeMarco Annexation Comprehensive Plan and Zoning Designations WHEREAS, during the May 7, 2002, meeting the City Council adopted zoning designations of Single Family Residential (SR-6) and Neighborhood Convemence Commercial for the Annexation Area, as depicted in Exhibit `B" attached hereto, and WHEREAS, the Washington State Environmental Policy Act (SEPA) requires that comprehensive plans be reviewed as to their potential environmental impact, and on March 4, 2002, the City of Kent issued a Revised Environmental Impact Statement Addendum (Revised Addendum), and this Revised Addendum analyzed the comprehensive plan and zoning designations inclusive of those adopted by the City Council on May 7, 2002, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Pursuant to Chapter 12 02 of the Kent City Code and RC W 36 70A 130, the comprehensive plan designations of Single Family Residential, 6 units per acre (SR-6) and Neighborhood Services for the area known as the DeMarco i Annexation area shall be established as outlined in Exhibit A attached hereto and incorporated herein by reference SECTION 2. Pursuant to Kent City Code Section 15 09 055 and the laws of the State of Washington, the zoning designations of Single Family Residential (SR-6) and Neighborhood Convenience Commercial District (NCC) for the area known as the DeMarco Annexation area shall be established as outlined in Exhibit B attached hereto and incorporated herein by this reference 4 DeMarco Annexation Comprehensive Plan and Zoning Designations I SECTION 3. Severabilia, If any one or more sections, subsections, or sentences of this Ordinance are 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 SECTION 4. Effective Date This Ordinance shall take effect and be in force thirty(30) days from the time of its final approval and passage as provided by law JIM WHITE, MAYOR I (ATTEST • BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM I TOM BRUBAKER, CITY ATTORNEY 5 DeMarco Annexation Comprehensive Plan and Zoning Designations i PASSED day of 12002 APPROVED day of 2002 PUBLISHED day of 2002 I hereby certify that this is a true copy of Ordinance No passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated (SEAL) BRENDA JACOBER, CITY CLERK P\O W%OrdmanccZeMmo trmexawn ZonmgO M doc 6 DeMarco Annexation Comprehensive Plan and Zoning Designations d d N ,� V R N m W. _ X .S R Y. C: o d E Jf� 1 UCL + . I , cz U �1 16 .I sl r _ j + a � tiI �'� ff • •T S� / II III --WON"J �,� _ .y t �i ♦ * mar '� �• ,' 4r'M'rwara,ll AN ffir ,�s�la a"•�+'+4 -�I M +t11 t bra ��t v s 7 i _ t i I� ♦ Iyri `� _ Ol f�fie rr� I�'r, 7►iTr +4 � sit +,� f sr ���♦ 3R f E JL + • ru. i 1�� raV JVI ■ra.i 1 It Vol t ! # f, t • m r Qi ar i t �ru 1 i } 3s AV OZL Mai �� "-Ij( E +� 1 Itlet } i � NEC••M-77M, ♦ 3S6AVL119L� EXHIBIT "A" o CD z ,I L •0 IN C �r Q C 3 C @ LO lie C Ye 0 °L# E # v oo N , r� I cz r fef nl s.i� t•�.3'�: 4 IF ♦ �� �►iii ia�..' '• tar I t i' r, a. ,•� ■ 7 IIII i1■ 0 4♦ # ± mar :I��►, ,1 4.�'�u+a+l • •w ■ ■9 r "o �' 1� ■ o I I o s Intl IST • � ,�♦ li I � I I � � r i4 � Yr �f-r 11� 7f�� �rf• - �_ Y T 1 s r 7 i■ t � { 1 � ' ." �. .�. � i ■ems i F �•t 1 '�♦Ir' Fell 4ti�rTr}�+f aa + In 1 drualukil ado., r k r1 Ilk a law 1 3S AV OZL as Fi- A tip, a�. :d.�,l.�l•l-� . PLC" ■ir • l 313 EXHIBIT "B" Kent City Council Meeting Date May 21, 2002 Category Other Business 1 SUBJECT: TECHNOLOGY PLAN 2002 2. SUMMARY STATEMENT: Attached for your review is a proposed Technology Plan 2002 This Plan represents technology capital investments for the next three to four years, with a budget total of$7 01 million. Please note that the investment of$7 01 million represents a substantial reduction from the $11.2 million dollar estimate as of summer 2001. Significant reductions have taken place such that this plan consists primarily of lifecycle replacement programs for hardware and software. A key investment is the replacement of Police and Corrections systems, with a total public safety investment of$3.1 million. The Plan document consists of an easy-to-read Executive Summary, with information about planning process and project details in subsequent sections. Appendices provide additional details of prior Technology Plan successes and other supporting information. This Plan obviously represents a significant commitment of City financial resources. I would be pleased to meet with Council members at your convenience to discuss any and all elements of this Plan. May Miller is also available to discuss financial elements of this plan. 3. EXHIBITS: Technology Plan 2002 and supporting materials 4 RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $7.01 Million SOURCE OF FUNDS: Councilmamc Bonds. CIP/Utility funds, Police Criminal Justice 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to approve Technology Plan 00 , to establish a project budget of$7.01 million, to approve an intent to authorize issuance of LTGO (Councilmanic)bonds in amounts not to exceed $2 million in 2002 and $4 million in 2004 to partially fund implementation of the Plan, and to continue to authorize the Mayor subject to the City's purchasing rules for bidding, RFP and RFQ requirements, to sign purchase orders without further Council approval in amounts up to $50,000 for purchases made in implementation of this Technology Plan as approved • DISCUSSION ACTION: Council Agenda Item No. 713 KENT INFORMATION TECHNOL00" MEMORANDUM DATE April 28, 2002 TO: City Council Operations Committee / FROM: Marty-Mulholland, Director of I.T1�! RE: Technology Plan 2002 JJJ Background: Attached for your review is a proposed Technology Plan 2002 This Plan represents technology capital investments for the next three to four years, with a budget total of S7 01 million Please note that the investment of S7 01 million represents a substantial reduction from the S 112 million dollar estimate as of summer 2001 Significant reductions have taken place such that this plan consists primarily of lifecycle replacement programs for hardware and software A key imestment is the replacement of Police and Corrections systems, with a total public safety investment of So 1 million The Plan document consists of an easy-to-read Executive Summary, with information about planning process and project details in subsequent sections Appendices provide additional details of prior Technology Plan successes and other supporting information This plan obviously represents a significant commitment of City financial resources I would be pleased to meet with Council members at your convenience to discuss anv and all elements of this Plan May Miller is also available to discuss financial elements of this plan Motion before Council: The Council Motion below includes a provision that permits the Mayor to authorize Technology Plan expenditures up to $50,000 subject to City purchasing requirements This provision was established and approved by the City Council as part of Technology Plan 199E and has allowed us to streamline purchasing efforts related to Technology We ask that you continue this practice by approving the motion below Council Motion. I move that the Council approve Technology Plan 2002, to establish a project budget of S7 01 million, to approve an intent to authorize issuance of LTGO (Councilmanic) bonds in amounts not to exceed S2 million in 2002 and S4 million in 2004 to partially fund implementation of the Plan, and to continue to authorize the Mayor subject to the city's purchasing rules for bidding, REP and RFQ requirements, to sign purchase orders without further Council approval in amounts up to $50,000 for purchases made in implementation of this Technology Plan as approved KEN• T WASHINGTON DATE April 30, 2002 FINANCE May Miller TO Mayor White and Cttv Council Members Director ' Phone 253-856-5260 FROM May Miller Fax 253-856-6255 220 Fourth Ave S SUBJECT Financing of Technology 2002 Plan Kent, WA 98032-5895 The 2002 Technology Plan will continue the funding of capital technology core lifecycle replacements This plan was included in the six year Capital Plan and in the adopted 2002 Budget In light of today s economic picture, many meetings have taken place over the last few months to reduce the plan to the most critical needs The request today is for a three to four year plan of$7 1 million It will be funded by$6 million in councilmanic bonds $2 million to be issued in 2002 and the final $4 million to be issued in 2004(down from $5 million in the 2002 Budget) The balance of$1 1 million will come from cash from several sources including carry-over Technology 1 funds, Police Criminal Justice funds, and a blend of Capital Improvement and Utility funds The bonds will be for ten years at an expected low rate of approximately 4 25% It is important to match the life of the bond to the expected life of the projects and use cash for the shorter life projects The debt service payments for Technology 2002 (Tech II) will be from the existing funds set aside in the Capital Improvement Fund The revenue for this is from the 25% Sales Tax and the first quarter percent of Real Estate Excise Tax Kent is one of the few cities that sets aside funds specificall} for Capital Projects and enjoys a good credit rating from the bond rating agencies because we do not use property tax to fund capital projects Also, we can show a continued source of sales tax funding to pay for the debt service The only time property tax would be used for bond debt sery ice would be for a voted bond issue where citizens would vote to increase their own property taxes to pay for a specific issue such as the Harrison House voted issue of 1986 that will be paid in 2006 The bonds requested for Tech 11 are councilmanic which require Council's approval and use existing revenues and do not require public vote To save on debt issuance costs several capital needs will be combined into one councilmanic bond issue We will be back to the Operations Committee with a Parks piece for the East Hill Sports Complex and some facility improvements. a Public Works piece for street improvements, and the Kent Station infrastructure piece Separate approval will be asked for each piece and then final authorization to proceed with the planned 2002 councilmanic bonds The projects were anticipated and are included in the adopted 2002 Budget We will be presenting separate bond pieces at the May, June, and July meetings with the bond funds expected in July or early August I inancing of Technology 2002 Plan -2- April 30, 2002 The expected councilmanic bonds for all the projects are within the RCW allowed bond capacity with an anticipated net 49% capacity used and 51% remaining This is down from the net 54 7% used in 2000 and well below a stated"not-to-exceed" 85% of capacity used Not only are we within legal capacity, we have anticipated the debt payments from the CIP and Street Funds for each specific piece and they are included in the 2002 Budget In conclusion, the Technology 2002 plan will need authorization for"intent to issue bonds' for the $6 million bonds to ensure funding for the projects Forty-five percent(or$3 1 million) of the plan meets Council s strategic goal of a"safe community" by replacing the 14 year old Police system and mcluding a new records management system,jail management system. crime analysis tools, officer reporting software, and mugshot management system Also included is the corn backbone replacement that will keep all of our systems functioning Funding Tech II now will mitigate risk of system failure, will utilize interest rates while they are low and will be timely as we are ready to proceed on core replacement of the system backbone and Police systems Lifecycle replacement of parks, streets, and technology is a wise investment in efficiency and will provide a sound technology basis for expected growth in Kent in the next few years ./� 0 �� KENT INFORMATION TECHNOLOGY Date: May 13, 2002 To: City Council From: Marty Mulholland, Director of LT- TVII11-Y Re: Tech Plan 2002 —Typographical Error Please know that there was a minor typographical error in the copy of Technology Plan 2002 that was sent as part of the Council Operations Committee packet The error was on page 24 and indicated that telephone upgrades would occur in 2004—these upgrades are scheduled for 2002 The correction has been made in the Council Meeting packets I am available to answer any questions about the Technology Plan KENT W..MINGTON City of Kent w PLAN 2002 ^Y 'J 'k�Yii h b�+ wS_ �,, .I .,s.., , .,yam • 7 P 1 Prepared b} City of Kent Information Technology Department Presented to Council Operations Committee May 7, 2002 CITY OF KENT . TECHNOLOGY PLAN 2002 TABLE OF CONTENTS EXECUTIVE SUMMARY. . 3 10 BACKGROUND ... ... .. ....... .. .. . . ..... . . .......... 5 101 Background 5 102 Objectives Achieved in Technology Plan 1998 5 1 03 Today's Technology Infrastructure 5 20 TECHNOLOGY PLAN 2002— PLAN DEVELOPMENT .. . . . .... .... . ............... . . 7 201 Plan Development 7 202 Priority issues for future Technology Plans 7 30 PROPOSED PROJECTS........... . . .. . ..... . . .... .. .. .... 9 3 01 Budget Summaries 9 3 02 Public Safety Systems 12 3 03 Network/E-mail 14 3 04 Business Systems 17 3 05 End User Hardware and Software 20 3 06 Financial Systems 23 • 3 07 Miscellaneous 24 40 CONCLUSION. ... . ...... ................. . . .............. .. . .......... ....... . . . 25 APPENDICES... . . . ....... . . . . ........... 26 501 Appendix A-Historical Timeline-Technology Plan I projects 26 502 Appendix B—Technology Plan 2002-Planning Timelme 28 5 03 Appendix C—Current Profile of Desktop Computers 29 City of Kent Technology Plan 2002-2004 2 Executive Summary The City Council accepted Technology Plan 1998, with a total budget of$12 8 million, on April 21, 1998 That plan provided the City with a framework and funding to build an enterprise computer network, to upgrade telephones throughout the City, to replace the 10-year-old Financial/Payroll systems, to implement an enterprise permit/license/inspection system, and to provide updated e-mail, personal productivity software, and computers to department employees Background information about the City's Technology Plan 1998 investments is presented in Section 10 Preparation for Technology Plan 2002 began in summer 2000 and continued through early 2002 Planning processes and efforts are described in Section 2 0, along with project selection criteria The total Technology Plan 2002 cost is $7 01 million, with projects targeted for completion over the next three to four years Technology Plan 2002 budget and projects are presented in Section 3 0 Key projects include the following • Replacement of the City's 14-year old Police systems • Replacement of the critical network backbone • Investment in security systems • Lifecycle replacement for network servers • Participation as pilot city in "One-stop"Washington State /City of Kent Master Business License project • Replacement programs and upgrades for end user equipment and personal productivity software Key elements of the Plan and the planning processes are presented below Technology Investments are Consistent with City Strategic Goals and Objectives The City Council goal of Valued Government Services includes a key objective of providing"Proactive, High Quality, Dependable Technology and Multimedia Services" Toward that end, this Plan substantially consists of "lifecycle" investments so that dependable technology services can continue to be provided This Plan is consistent with the City goal of a Safe Community A significant investment in Police systems is recommended in order to remove risks associated with unsupported systems, and to provide dependable operational systems for the future Protect Selection considers current economic climate and other City goals Consideration was given to the liming and necessity of all projects, particularly in light of current economic conditions Original 2000 budget estimates placed Technology Plan 2002 at $12 5 million Technology Plan 2002 estimates exceeded $11 million as of summer 2001 After 15 budget review meetings between summer 2001 and early 2002, the total project budget request was reduced to the current figure of$7 million Many projects were removed, reduced, or deferred in recognition of the current economic situation and the City's commitment to other important capital projects City of Kent Technology Plan 2002-2004 3 . Invest in Police Systems The City has made a significant investment and time commitment toward the replacement of 14-year old Police records and jail systems The current Jail system is unsupported, is not Year 2000 compliant, and Hewlett-Packard has announced an end-of-life for the computer platform delivering these computer applications Police Department staff have partnered with Information Technology to make the best possible choices to create a new foundation for Police technology. A request for proposals was issued,nine software vendors responded, three semi-finalists were selected after a team of 7 scored the proposals, several on- site product demonstrations took place, and three site visits were conducted to see proposed solutions in use Upon adoption of this Technology Plan by the City Council, contract negotiations will conclude and implementation planning will commence Implementation of the new police systems will be a multi-year effort By the time the old systems are replaced they will have been in use for 14 to 16 years The new integrated Police/Corrections system is expected to have a seven to ten year life . Network Infrastructure Investment: Unify Network Management and Administration The City's network backbone will be 4 years old in June 2002 This critical piece of infrastructure was expected to last 5 years,however the product is no longer supported and some critical components cannot be obtained on the market The inability to procure these critical components and obtain support represents a significant nsk for network failure that would seriously jeopardize the City's ability to conduct business Network security investments are another key area of investment in order to prevent unauthorized or adverse use of City network resources Today's network utilizes two network operating systems, Novell and Windows NT, that must be synchronized to operate effectively Most agencies operate using only one network operating system in order to simplify network operations This plan proposes to eliminate the Novell network operating system in 2003 Added network administration efficiencies will be realized as part of an e-mail system upgrade also scheduled for 2003 Continue with Three Year Technology Plan Cycle As part of the Technology Plan presented in 1999, a recommendation was made that we shorten the Technology Plan cycle from six years to three years Due to the length of time to complete Technology Plan I projects, and also in part because of the need to reduce all budgets, this plan is being presented four years rather than the recommended three years after the prior plan With the rapid pace of change in technology, it is recommended that the City continue to review Technology Plans on a three to four year cycle City of Kent Technology Plan 2002.2004 4 1.0 Background 1.01 Background In 1998 the City Council approved a $12 8 Million Dollar Technology Plan This was the first Technology Plan that had been presented in many years Key goals were to build a network, replace and/or remediate systems in order to operate through the Year 2000 transition, purchase a new Finance/HR/Payroll system,replace an end-of-life telephone system, and update PCs and desktop software Specific Technology Plan 1998 objectives and associated accomplishments to date are described in the next section A timeline of Technology Plan 1998 accomplishments is presented in Appendix A 1.02 Objectives Achieved in Technology Plan 1998 Following is a list of major technology challenges that were published in Technology Plan I, along with overall status information ✓ Our central Phone switch is at capacity and needs to be replaced -done ✓ Many department needs for business systems are not being met—many systems replaced, with the exception of Police ✓ We do not have a scalable network capable of handling additional network traffic—done, hox ever additional investment now needed ✓ We need to replace PCs and build a network to accommodate new business systems—replacement program developed, network infrastructure built ✓ Our Year 2000 vulnerability is tremendous, and given the above background, we are poorly positioned to meet the challenges that the Year 2000 problem will bring—Successful transition to Year 2000 ✓ We have a significant population of 486 PCs that will not accommodate new business systems—PC replacement program now in place ✓ The wiring within our facilities does not meet current recommended standards -done ✓ There is no access to a centrally managed electronic mail system- done ✓ There is no central access to the Internet-done ✓ Our employees need training to be able to utilize new technology-done ✓ We need to create a funding mechanism for other equipment that will age in the next 3 years, which includes the cable television production equipment, and we need to prepare ourselves strategically to be better-positioned three years from now—solutions pi oposed as part of Tech Plan 2002 1.03 Today's Technology Infrastructure Today the City now utilizes a significantly larger technology base as part of daily operations Our network reaches 20 sites via fiber optic cable We utilize over 40 servers and 4 minicomputers to deliver network services and applications to City personnel and to the public via our web site All City City of Kent Technology Plan 2002-2004 5 departments rely on the technology put in place over the past 4 years for day-to-day operations The enhanced telephone services, Internet presence, computer workstations and business applications have provided valuable tools for City personnel to communicate with and serve Kent citizens In spite of the significant Technology investments over the past four years, the City is not on the "bleeding edge" of the technology curve Our end user hardware and software installations are not current Few agencies still operate on dual network operating systems Implementation of this Plan would bring the City up to current common standards in network operating systems and end user software by 2003 City of Kent Technology Plan 2002-2004 6 2.0 Technology Plan 2002 — Plan Development 2.01 Plan Development Development of this Technology Plan began in summer 2000 with a rough estimate of proposed projects and costs More rigorous development and review began in summer 2001 and continued through January 2002 Between September 2001 and January 2002, there were approximately 15 meetings to review and prioritize projects, discuss merits and risk factors, and to analyze budget impacts Administration, Finance, and Information Technology jointly reviewed and discussed all projects Key criteria leading to recommendations are presented below, along with a timeline of plan development Note that timelines here represent overall efforts with regard to internal development of the Technology Plan Each investment area is presented in Section 3 0 Specific planning and preparation efforts, along with key issues, are presented in the area sections of the document Project Selection Criteria included: • Longstanding commitment to and/or investment in the project • Lifecycle investments required to maintain the technology infrastructure and software delivery • Appear to provide financial benefit to the City • Reduces Risk to the City • Provide operational efficiencies Additional factors influencing recommendations: • Timing of projects given IT staff availability • Commitment to projects from departments • Sensitivity to overall City financial resources A timeline for Technology Plan 2002 development is presented in Appendix B 2.02 Priority issues for future Technology Plans As a part of any plan, it is often valuable to review the projects or objectives currently not addressed, so that potential future projects are identified Key Issues that are likely to be presented as part of a future Technology Plan 1 HP-3000 computing platform—Hewlett-Packard has announced an end-of-life for this computing platform, with sales continuing through 2003 and support concluding in 2006 A key issue that may affect our next Technology Plan will be the need to transition software applications from the HP- 3000 computing platform to other, more "open" environments Key software applications still running on the HP-3000 include Police Records, Police Jail Management, Payroll, Utility Billing, LID Management, and Pawn records The payroll system will migrate to anew platform in 2002, and Police systems are expected to migrate to a new platform as part of this Plan City of Kent Technology Plan 2002•2004 7 2 Telephone System Upgrades—City telephone systems were upgraded in 1999 By the conclusion of this Plan, the City's telephone systems will be 6 years old and may be ready for replacement 3 Data Center Expansion—The City's primary Data Center is currently near capacity with regard to space and air conditioning equipment Racks have been purchased to maximize space for server and equipment storage Alternate data center space maybe requested as part of a future Technology Plan if such space does not become available over the next three years 4 Court Systems—Court systems continue to improve, with some significant development efforts taking place at the State level Improved court systems may require future City investments 5 Geographic Information Systems (G I S)—The City has an excellent G I S foundation which is largely utilized to support Public Works and Planning departments By the time of the next Technology Plan cycle, an enhanced investment may be recommended to provide integration and services to other departments 6 Hand-held technologies—Many agencies are investing in hand-held devices, particularly in field operations Investments of this nature are not currently proposed Wireless Technologies—A limited pilot effort is proposed in the current plan Many agencies are investing more broadly in wireless technologies to improve field operations Investments of this nature are not currently proposed 8 Continuing lifecycle—The City reliance on computers and applications will continue Therefore lifecycle investments are always likely to be a key part of future operating or capital Technology budgets 9 Web site—Although this Plan proposes enhancements to the City's external web site, there may be many additional enhancements recommended by the next Plan cycle in order to continue to enhance government services via the Internet City of Kent Technology Plan 2002-2004 8 3.0 PROPOSED PROJECTS 3.01 Budget Summaries The overall cost of the Technology Plan will be $7 01 million The following tables and graphs identify the plan components and associated costs Technology Plan Budget Allocation by Percentage Financial Systems Misc 3% 6% End User Hardware and yap ` i;:d, 4�-} Yoh } Software 13% '. _ Public Safety - ' 45% Business Systems 16% Network/E-mail 17% Notes About High Percentage Technology Plan Components: • Public Safety (45%)—The key investment includes replacement of City Police and Jail Records Systems • Network/E-mail (17%) —Replacement for central network infrastructure, hfecycle replacement of servers, consolidation of network operating systems, investment in network security • Business Systems (16%)—Includes extensions to current Document Imaging project, eGovemment initiatives including online permitting, and contingency funding for entire Technology Plan • End User Hardware and Software (13%)—Includes replacement funding for City laptop computers (primarily in Fire, Police, Public Works), mobile data computers (Fire, Police, and Public Works), and investment in upgraded standard products (pnmarily Microsoft products) City of Kent Technology Plan 2002.2004 9 All spreadsheets show proposed budgets in thousands of dollars Major project areas are listed in descending order based on project area budget recommendation Technology Revenue& Expense Summary: Revenue & Expense Summary 2002 2003tt Revenues: Councllmanic Bonds* 2000 4000 6000 Blend of CIP & Utility Funds 400 400 35 835 Police Transfer In 25 25 Technology Plan 1998 Carryover 150 150 Total Technology Revenues(m thousands) 2575 400 4035 7010 Technology Plan 2002 Expenditures: Public Safety Systems 764 1620 745 3129 Network/E-mail 544 541 131 1216 Business Systems, Tech Plan Contingency 156 450 485 1091 End User Hardware & Software 376 257 275 908 Financial Systems 45 75 100 220 Miscellaneous (Multimedia,Telephones, etc ) 137 120 189 446 Technology Plan 2002 Total Cost (in thousands) i Notes: • Expenditures listed above do not include costs related to conclusion of Technology Plan 1998 Key projects still under way include additional phases of the JDE project including the 2002 implementation of core Payroll/HR functions Other projects still underway include the final phase of the Document Imaging project and installation of Council Chambers improvements • No staffing increases are projected as part of this plan There is concern about the ability to execute this plan if the current hiring freeze continues • Desktop computer replacements are not included as part of Technology Plan 2002 Desktop computers, monitors, and printer replacements are funded by a blend of CIP and Utility funds • First year operating/maintenance expenses are generally included in project budgets Operating costs for 2nd and subsequent years would then migrate to the IT Operating budget Projected adjustments to City Operating costs as a result of this plan are presented in the next table Existing CIP Sales Tax and Real Estate Excise tax revenue will make Debt Service payments City of Kent Technology Plan 2002-2004 10 Operating Budget Impacts. Estimated Operating Budget Impacts 2002 2003 200A Public Safety 0 124 63 Network/E-mail 4 18 8 Business Systems 1 17 23 Financial Systems 0 0 1 Multimedia 0 2 2 End User Hardware and Software 0 30 30 Total Estimated Operating Budget Impacts (in 5 155 111 thousands Operating Budget Impacts are rough estimates at this early stage of the planning cycle The primary impact is in increased maintenance costs for the new Police system The network operating costs decrease because of the elimination of the Novell operating system annual support City of Kent Technology Plan 2002-2004 11 3.02 Public Safety Systems Public Safety Systems 2002 20042003 Public Safety Systems — primarily Police 764 1 1620 1 745 1 3129 Total Cost (in thousands) 1 764 1 1620 1 7451 3129 Public Safety Systems Funded (listed alphabetically): • Field Reporting Software (Includes Patrol Officer Field Reporting, Electronic Report Routing and Approval) • Jail Management Software (Includes Inmate Booking,Release Processing, Facility Management, himate Program Management,himate Disciplinary Tracking,Inmate Visitor Tracking, Inmate Property Tracking,Integrates with Police Records) • Police Records Software (Includes Master Name System,Master Location System, Property/Evidence Tracking,Incident/Arrest Tracking, Special Flags/Hazards, Crime Analysis, Crime Mapping) • Police System Interface Software (Mugshot Capture Interface Software, Acorde (Document Imaging)Interface Software, Automated Fingerprint Identification System (AFIS) Interface Software, ACCESS (Washington State NLETS) Interface Software) • Prosecution—A budget allocation to address Law department/prosecution objectives is included in the third year of this Plan Evaluation of specific objectives and ability to integrate into purchased Police system would be undertaken prior to final project determination • Wireless Pilot—Proof of concept for extending the City's network connection to Patrol vehicle Used in conjunction with Field Reporting and Police/Jail records to facilitate report transfers, MDC updates, and access to network services ) Background: At the time Technology Plan 1998 was presented to City Council, the necessary technology projects were substantial in scope because the City needed to "catch up" in many Network/Infrastructure areas in order to be able to overcome a number of business systems challenges Although it may have been appropriate to consider an investment in Police systems, which were 10 years old at that time, such an investment was deferred until this Plan cycle Current Situation with Police Systems: • Police Records/Jail systems were installed in approximately 1987/88 • Jail software is unsupported • Jail software is not Year 2000 compliant—Jail personnel utilize workarounds to analyze data • Uncertain support for Police Records from West Covina, CA Police Department • No integration between Police Records and Jail Records • Redundant data entry by Patrol Officers,Records personnel, and Corrections officers • Hewlett-Packard announces end of life for HP-3000 platform(see Section 2 03) City of Kent Technology Plan 2002-2004 12 Police and Jail Records system selection timeline, • October 2000 - Sr Systems Analyst hued to support Public Safety departments (Fire and Police) and to lead efforts to replace Police Systems • January 2001 —RFP issued for procurement assistance • March 2001 —Selected vendor to assist with preparation of detailed RFP • August 2001 —RFP issued for Police and Jail records systems • September 2001 —Nine vendors respond to RFP, Seven team members score proposals based on over 500 evaluation criteria • October/December 2001 —Software demonstrations of 3 vendor semi-finalists • December 2001 —Top vendor identified • January/February 2002 —Site visits to check out top vendor • March 2002—Decision to begin contract negotiations with top vendor Summary: The City has made a significant investment and commitment to this project. The new Police system will form the foundation upon which future enhancements may be built to serve Kent residents Notes: The recommended investment is pr-,sented at a very high level because final budget determinations will not be available until the conclusion of contract negotiations All hardware, database licensing, and implementation costs (vendor assistance) for new Police systems are included in the proposed budget City of Kent Technology Plan 2002-2004 13 3.03 Network/E-mail 2002Network/ E-mail 200300 Network Backbone 379 F-22-37 0 602 Network— Server Llfec cle 108 103 64 275 Network— E-mail, Security, Other 57 215 67 339 Total Cost (in thousands) 544 541 131 1216 Network/Email Systems Funded (in alphabetical order): • E-mail system Upgrade • Network backbone replacement • Network Operating System Consolidation • Security Enhancements for Network • Server Replacement Program • Wiring Background: City network infrastructure was largely installed in 1998 and 1999, and now operates in 20 major facilities via fiber optic cable,plus 4 additional sites via leased services The City network utilizes both Novell and NT network operating systems City staff support eleven(11)Novell servers and thirty-seven (37) Windows NT/2000 servers Virtually all departments utilize computer systems and networks as part of their daily operations In order to prepare for this Technology Plan, the City brought in three consultants on a one-day engagement to review and discuss all aspects of network infrastructure, standards, practices, and known future issues This proved to be a highly effective forum for discussing issues and developing top pnorities for the future of our network Key recommendations from the formal network review 1 Replace the network backbone 2 Consolidate network operating systems 3 Improve security throughout the network 4 Continue practice of utilizing Citrix for enabling remote network access Network Backbone Replacement: Our existing network backbone was installed in 1998 and utilized a technology known as Asynchronous Transfer Mode(ATM)to provide reliable central network functionality The product, known as the VIVID ATM enterprise backbone system, was purchased from Newbndge Networks and has been quite reliable Network downtime resulting from ATM failures has been almost non-existent In 1999 Newbndge was purchased by Alcatel Alcatel subsequently discontinued the VIVID product line This left the City with no support for our installed network system We have been able to purchase some equipment and parts from 3 d parties in order to continue operations at the edges of our network,but do not have backup equipment to support the City in the event of a central network failure City of Kent Technology Plan 2002-2004 14 Although the City had expected to utilize the ATM network for 5 years, we are now proposing to replace the central network technology in 2002, one year earlier than expected The three network experts who participated in our formal network review identified the replacement of the central network components as their top priority All three consultants concurred that a Gigabit Ethernet solution would bean excellent technology choice given the City's infrastructure City staff conducted research to identify appropriate Gigabit Ethernet solutions Best choices were discussed in technical conference calls with the Gartner Group Subsequently, an outside consultant was hired to review designs and company profiles for two finalist solutions The final consultant recommendation and I T recommendation is that the City utilize a Cisco Gigabit Ethernet solution The Network backbone project consists of two phases Phase I would occur in 2002 and includes all hardware, implementation, and training costs to replace our unsupported Newbndge equipment Phase II would occur in 2003 and would replace remaining network equipment at outlying facilities with Cisco equipment The primary equipment being replaced in Phase II consists of 3Com switch devices, which will be five years old and at end of life Gigabit Ethernet performance will not be available at outlying facilities until the Phase II project is complete Network— Server Lifecycle and Network Consolidation: The Lifecycle portion of this plan would fund replacements for our Novell and NT servers Of the 48 servers we currently utilize, this plan proposes to replace 20 Two more servers are replaced as part of the e-mail system upgrade Servers are replaced between three and four years of age, with some sen ers replaced at a three-year level and others replaced at a four-year level A key goal for this plan In the network area is to consolidate network operating systems The Network Operating System Consolidation portion of this plan would take place in 2002 and in 2003 Proposed is replacement for key Novell servers in 2002, an elimination of the IPX protocol in 2002, and conversion to an NT/Windows 2000 network in 2003 Server upgrades are necessary to achieve this consolidation because the NT/Wmdows 2000 network requires more powerful servers Some servers will be eliminated as a result of the network operating system consolidation Values to the City in elinunatmg the Novell Operating system are as follows • Reduces technical support impacts of maintaining, troubleshooting, and configuring two network operating systems • Simplifies password management difficulties for employees, thus increasing the likelihood that employees will successfully follow password management practices, will also eliminate help desk calls and lost productivity arising from confusion with regard to password management • Allows us to eliminate ongoing support costs for Novell (S21,000 annually) • Allows us to eliminate ongoing support costs for password synchronization product(S4,000) annually Network—E-mail, Security, Other- The City currently utilizes Microsoft Exchange version 5 5 as an e-mail and calendar management system Microsoft Exchange was installed in 1999 as part of Technology Plan 1998 Calendar management functions are used extensively throughout the City. Proposed is an upgrade in 2003 to Exchange 2000 Values to the City in upgrading to Exchange 2000 City of Kent Technology Plan 2002-2004 15 • Consolidates network administration so that maintenance and configuration of the network and e- mail systems are managed concurrently • Improved database management • Simplifies group administration • Provides web calendar integration, something that has been in demand for improved meeting room management • Improved web client The proposal includes replacement of City e-mail computers as part of the upgrade in 2003 Other investments in the network area include an investment in network security Intrusion detection provides the City with the ability to detect unusual or unauthorized internal or external access to City network resources Also included is an allocation of funds for building wiring, troubleshooting tools to assist in network monitoring and event management, training for network personnel, and contingency money for unanticipated network-related expenditures Timeline: • July 2001 —Onsite formal network review conducted with network consultants from 3 different companies • August 2001 —October 2001 —internal research on Network backbone solutions • January 2002 —Conference call with Gartner Network consultants to discuss City network backbone decision • March 2002—Consultant hired to review proposed designs, costs, and vendor viability This effort lead to recommendation of Cisco for central network solution Summary: Network and e-mail systems are now a key component of daily City operations The proposed network projects will maintain the established network infrastructure and provide more efficient network management and operations Additional benefits include risk reduction as unsupported equipment is replaced and increased security as more sophisticated security systems are installed City of Kent Technology Plan 2002-2004 16 3.04 Business Systems Business Systems 2002 200311 eGovernment 54 140 60 254 Document Management 0 50 50 100 Business Systems - Other 52 110 100 262 TechnologyPlan — Overall Contingency50 150 275 475 Total Cost (in thousands) 156 450 485 1091 Business Systems Funded(in alphabetical order) • Database Licensing and Tools • Document Management—Project extensions beyond Technology Plan 1998 • EGovernment functionality • Permitting-related project funding • Records Tracking software for City Clerk to track archival boxes • Contingency Budget for Technology Plan—changes most likely to occur within the business systems area Background: This area of the Technology Plan includes investments in systems for a variety of departments Major areas are briefly described below Also included is a contingency budget for the Technology Plan as a whole Note specific projects and/or project areas may additionally contain appropriate contingency budgets The overall contingency budget is to address unanticipated Technology needs not previously identified as part of this Plan This budget is listed in the Business Systems area because we have seen and continue to see changes in business systems and technology companies, and therefore this is the area where unanticipated expenditures are likely to anse EGovernment (electronic Government): EGovernment focuses on web-based information and services In 2001 the City developed a vision for the City eGovernment by soliciting input from community representatives and employees EGovernment status was presented to the City Council at a September 2001 workshop Key recommendations for the City public web site included extensions to Permittin¢ functionality online, development of a community portal, providing transportation information online, and providing an e-mail information subscription program This Plan calls for an investment in online payment infrastructure so that credit card payments can be taken online,providing online over-the-counter permits, presenting GIS image-based maps online, and offering calendar functionality online A key initial effort will focus on payment infrastructure and online permit issuance strategy City of Kent Technology Plan 2002-2004 17 Document Management: A major project in Technology Plan 1998 was the purchase of an Electronic Document Management System This system went into production in 2001, with a fourth and final project phase still underway The following types of records are now scanned and available via electronic means within the City • Contracts • Ordinances&Resolutions • Jail Records • Police Records • Permit-related records Over 17 nullion pages of information are now contained in the system The value of this system is in efficiency gams due to ease of record retrieval, elimination of paper storage, elimination of duplicate and/or older copies of similar documents, and a strong tie-in to City Records Management efforts Many other City functions would benefit by converting paper storage to electronic storage Key interested parties include Employee Services, the Municipal Court, and the Legal department This system provides an allocation for services and/or hardware in order to further extend the use of the document management technology Business Systems—Other: The projects included in this area primarily build upon applications that have been put into place over the last three years These projects include • Increase Permitting System Licenses The current permitting system is used by five departments to process building, public works, and fire permits as well as business licenses Additional licenses need to be purchased to accommodate the increased system utilization • Permitting System/Confidence Testing Integration The Fire Prevention Confidence Testing program data is currently maintained in a prototype Microsoft Access application The prototype application must be completed and integrated into the Permitting System to realize the full benefits for Fire Prevention and the City • Training Software Upgrade Fire, Police, Employee Services, and Information Technology departments have standardized on a single application to track the training requirements and transcripts for their personnel This project would provide training for the personnel from each of these departments on the new features and functionality provided with the latest Training software upgrade • Records Center Software This project would supply software to track the location and disposition of boxed paper records The software will work in conjunction with the ongoing records management program to enable better accountability of the boxed records • System Tools and Database Upgrades This area provides funding for tools to integrate the City's various information systems and upgrades to current versions of the tools and databases This is necessary to maintain compatibility with the City's computing environment and maintain vendor support for the City's computing environment Technology Plan Contingency: City of Kent Technology Plan 2002-2004 t 8 A contingency budget of S475,000 is included in the Business Systems area to pay for Technology Plan . projects not anticipated at the time of this Plan Because of the changes in business systems with company acquisitions, support changes, etc it is likely that future events would lead to spending in the business system area City of Kent Technology Plan 2002-2004 19 3.05 End User Hardware and Software End User Hardware and Software 2002 20042003 MDC Replacements 59 84 173 316 Laptop Replacements 27 86 47 160 Microsoft software upgrades 195 0 0 195 Other End User software, training, etc 95 87 55 237 Total Cost (in thousands) 376 257 275 908 End User Hardware and Software systems funded (in alphabetical order): • Create replacement funding for laptops • Create replacement funding for MDCs • Update Microsoft Office Suite to Office xp • Upgrade Microsoft PC Operating system licenses • Upgrade other City end user software, provide training for above software upgrades Background: In 1997 the City began a regular process of replacing older PCs throughout the City The desktop PC replacement program is funded from an annual C I P budget allocation, separate from this Technology Plan Computer monitors and network printers are also replaced from this fund as failures occur See Appendix C for a profile of current desktop computers by department The City standardized on the Microsoft Office Suite (Word, Excel, PowerPoint, and Access) and by late 1998 most computers used Office 97 Professional The City elected to bypass the subsequent release of the Office Suite (Office 2000) As computers were replaced, the City began supporting newer versions of the Microsoft Operating system, although a significant installed base of Windows 95 remains Laptop and Mobile Data computer replacement: In 1998 the City owned 37 laptop computers There were few computers installed in vehicles In subsequent budget cycles the City made a significant investment in additional laptop computers and in MDCs (mobile data computers), which are "rugged" laptop computers specifically designed to withstand the harsher operating environment that occurs in the field Most laptop and mobile data computers are installed in Police, Fire, and Public Works departments This Plan creates a replacement program for laptop and mobile data computers The next section provides information with regard to laptop and mobile data computer use City of Kent Technology Plan 2002•2004 20 Current Profile- Laptop computers and mobile data computers: The following tables provide summary information with regard to our end user computer installation Data was gathered in December 2001 The inventory is broken down by department and by chip speed in megahertz(MHz) Mobile data computers are special laptop computers that are installed in City vehicles Laptop December 2001 DEPARTMENT =<200MH 233-266 300-366 400-450 500-600 650-866 900-1000 Total z MHz I MHz MHz MHz MHz MHz Admen, Mayor, Clerk, 0 Council Community Development 0 Employee Services 0 1 0 0 3 0 4 Finance 0 1 0 0 1 0 2 Fire & Life Safety 1 7 4 6 1 5 1 24 Info Tech /Loaners 2 2 1 2 2 0 9 Legal 0 0 0 0 5 0 5 Municipal Court 0 0 3 0 0 0 3 Parks 1 0 2 2 1 0 6 Police 3 1 1 4 2 2 0 13 Public Works 6 0 2 3 0 1 0 12 Total 9 11 11 19 7 20 1 78 Mobile December 2001 DEPARTMENT =<200MH 233-266 300-366 400-450 500-600 650-666 Total z MHz MHz MHz MHz MHz Fire & Life Safety 0 3 39 0 0 0 42 Info Tech /Loaner 0 1 0 0 0 0 1 Police 6 20 3 0 4 0 33 Public Works 4 0 0 0 0 0 4 Total 10 24 42 0 4 0 80 Microsoft Licensing Change: In July 2001 Microsoft announced that it was discontinuing the version upgrade program,which the City has been utilizing for many years to purchase software updates The new licensing programs will have a significant impact on Microsoft product expenditures for the City, and for all agencies using Microsoft products and tools This Plan allocates enough funding for City to become current with both the personal productivity suite (migration from Office 97 to Office xp) and personal computer operating systems (to achieve a Windows xp baseline) Almost all employees currently use Office 97 The current install base of computer operating systems is provided in the next section City of Kent Technology Plan 2002-2004 21 Note that the funding variations are highly complex, and a final strategy has not yet been developed, other than to achieve a level of currency in this area Because the State contracts have not concluded, a specific and final recommendation will not be made until June 2002 Current Profile- Computer Operating Systems: The following table provides summary information of the computer operating systems used on desktop, laptop, and mobile data computers PC •p• if PC Operating System Count Windows 95 230 Windows 98 211 Windows NT 4 Windows 2000 351 Windows xp 4 Total 800 Summary: In addition to replacement programs for laptop computers and mobile data computers, this Plan has sufficient funding to achieve currency for the Microsoft Office product and for the Microsoft computer operating system Note that a final purchasing strategy and recommendation will not be made until all options can be evaluated A recommendation is expected to be made in June 2002 City of Kent Technology Plan 2002-2004 22 3.06 Financial Systems Financial Systems 2002 2003 2004 Total Cashierin Projects 1 20 0 100 120 Master Business License Project 25 75 0 100 Total Cost (in thousands) 45 75 100 220 Financial Systems Funded (in alphabetical order): • Convert cashiering at Finance Customer Service to utilize alternate City-owned cashiering project (2002) • Master Business License project—"One-Stop"Washington State/City of Kent business license program • Purchase or extend cashiering functionality and integration with key financial systems (2004) Cashiering Projects: Cash at the City Finance Customer Service counter is currently taken in and counted manually Extensive procedures are followed daily to count, reconcile, and prepare deposit information Due to the high dollar volume and transaction counts. an automated solution to verify accurate deposits and to eliminate manual procedures has been a long time goal of the Finance department The JDE system does not offer an integrated cashiering system which would have been an ideal solution for the City, so implementation of an automated cashiering solution will involve a vendor other than JDE In 2002 we plan to implement the Escom system currently used by the Parks Department as an interim automated Cashiering solution This will address immediate accounting objectives at Finance Customer Services In 2004 we will seek a full solution to meet Finance Customer Service needs, by integrating cashiering systems and financial systems Project Description -Master Business License Project: Currently the City utilizes the Kiva product to capture and manage business license information This system is also used to bill businesses annually for renewals The City actively worked at the legislative level to encourage the State adoption of a "One-stop" Washington State /City of Kent Master Business License Efforts include integration into the State Licensing systems so that businesses could apply either at the State or at the City to receive both State & City licenses Additional sales tax revenues may be realized from this process by identifying businesses currently operating in Kent but not having sales tar revenue distributed to the City The State will take over renewals and billing for the City The City of Kent is a pilot site in order to improve business license processing, other cities are planning to follow This project includes integration with the Kiva system and alignment of the City's business license practices with the State and other cities City of Kent Technology Plan 2002-2004 23 3.07 Miscellaneous Miscellaneous 2002 2003 2004 Total Multimedia 57 1 55 35 147 Telephone 62 20 35 117 Other - Various 18 45 119 182 Total Cost (in thousands) 137 120 189 446 Miscellaneous Technology Items Funded (in alphabetical order): • Cable TV—Replacement for 6-year-old equipment • Cable TV—Upgrade mastering station hardware and software • Council Chambers—Replace robotics and modify lighting • Telephone Systems—Purchase e911 management software, minor upgrades to telephone systems products and software for continued reliability and support • Training—Technical training, replace aging training room equipment Planned Expenditures: Projects in this area include relatively minor investments in Cable TV, Telephones, and technical training In Cable TV funding would allow us to replace equipment(most equipment is over 8 years old)to avoid an adverse impact on the Cable TV operation Replacement of the Cable TV mastering software in 2003 will allow parties to submit items for cable broadcast such as PowerPoint presentations Telephone-related investments include upgrades to the central phone switch software, voice mail software, and automatic call distribution software in order to maintain sufficient product currency to receive product support Purchase of software to provide direct access to City addressing databases to maintain e911 information is included Hardware upgrades for voice mail and automatic call distribution systems are proposed in 2002 The "Other" area includes technical training for I T staff to deploy and support upgraded software products Also included are equipment replacements for training room projectors Also included is an interest expense should 2ud year Technology Plan expenditures require temporary borrowing from other City funds Summary Most of the projects in this area represent lifecycle replacements for equipment and software Some technical training is also includes for I T staff City of Kent Technology Plan 2002-2004 24 4.0 Conclusion Technology Plan 2002 is a critical step in continuing to provide reliable and supported systems and software to the City Significant planning took place to limit the scope of this Plan to only include projects deemed to be the most important to the City A key investment includes the replacement of the City's 14-year-old Police records and corrections systems These systems have limited support and the hardware platform end-of-life has been announced The City has made a multi-year commitment to seeking a replacement system that will last for the neNt seven to ten years, and provide a framework for future expansion in the Public Safety arena Critical network infrastructure will be replaced in order to avoid a catastrophic network failure Network security is also a priority and tools to ensure that unauthorized use of network resources is prevented The City is a pilot agency in the "One-stop"Washington State/City of Kent Master Business License project This project will benefit our customers and further streamline business license issuance and renewal This project may even enhance City revenues by identifying businesses not yet licensed City enterprise users will benefit by gaining access to updated software and hardware that can be supported for the future Technical staff and end user efficiencies will be gained as the Network Administration is migrated to a single unified platform All projects of significance will be returned to the City Council for final authorization Early projects are expected to include the network backbone replacement, the Police systems project, and hardware lifecycle replacements With the fast pace of change in the Technology industry, it is important to constantly review and update Technology plans This Plan is projected to last between three and four years A subsequent Plan should be created and presented in 2005/2006 City of Kent Technology Plan 2002.2004 25 Appendices 5.01 Appendix A - Historical Timeline - Technology Plan I projects Here Is a summary list of major technology investments and successes, Including major I T operating Improvement milestones Key expenditures are also presented 1998 • Network upgraded-network backbone installed—this is the "heart" of the network and was necessary in order to expand the City network across the enterprise ($408k) • Help Desk created—I T developed Central Help desk to provide accountability to departments for I T related services The Help Desk has been well accepted, illustrated by increase in volume of calls from 4,470 calls in 1998 to 10,325 in 2001 • PC updates begin-began extensive PC updates, replacements, standardized software and updates, replacement program($1 3 M including four years of PC,printer, and software replacement) Replacement program continued each year thereafter 1999 • Telephone upgrade -upgrade of Central telephone equipment, all telephone handsets, voice mail system, transition to new standardized telephone numbers with a single prefix($1 ISM) • Successful Y21K transition- Included extensive testing on systems that had to be modified for Year 2000 operations, also included coordination and documentation related to computer systems devices, and business preparedness ($253k) • Network extended Citywide -network now extended to most City facilities Included rewiring of most facilities to meet industry standards for data traffic (Wiring $414k, Servers and server upgrades $189k) • E-mail available-enterprise e-mail system installed, used for both messaging and citywide calendar management(S310k includes hardware, software,training programs) • Permitting System- the KIVA Permitting System went live in April 1999 For the first time, the City has the opportunity to obtain status on all permits in one central system • Parks Registration System- the Escom Parks Registration System went live in June 1999 The point-of-sale cashiering system was installed at all Parks locations • G.I.S. Standardized -the G I S system was migrated to an industry standard product (Arc-Info) This allowed City employees to have the ability to access the mapping data that had been created over the past 10 years at their desktop using Arc-Explorer software to access and create maps • Fiber Network built -TCI Fiber Project The use of this fiber has resulted in significant phone cost savings to the City and has provided better performance • P • Public web site launched -Internet web site (htto //www ci kent wa us) • Fire Records System—SunPro software officially went jive in January, 2000 City of Kent Technology Plan 2002•2004 26 • Valley Com records integrate with Fire records - Interface added between Valley Communications PRC Computer Aided Dispatch System and the SunPro Fire Records Management System • Intranet web site launched -The City internal webstte "KentNet"was launched in 2000 Most departments have content in place by January 2001 2001 • Parks signups via Internet and touch-tone telephone- Customers/Citizens can register for Parks and Recreations classes via the Internet or via touch-tone telephone • Permit status via Internet-Customers can check on the status of a permit via the Internet • Financial system launched -JDE System—goes "live"within City for general accounting, accounts payable, budget status • Cable TV improvements -Digital Editing System was added which allowed for improvements in taped programming • Document Imaging with web-based document retrieval launched- Optika Document Imaging Product in production • Positive Pay installed -Positive Pay System was implemented which increased the City's protection against fraud • Enhanced 911 for the City—the dispatcher now receives detailed location information about the caller aiding in fast response to the proper address 2002 • Golf Course Cashiering System—went live March 2002 • Permitting Inspection Requests via touch-tone telephone—went live March 2002—will make it easy for customers to request permit inspections and will save data entry on the part of permitting staff Results available via City of Kent web site • Payroll/Benefits/Recruitment Systems (anticipated) -JDE System—anticipate going"live" with Payroll/HR functions and additional Finance functions • Council Chambers Improvements (anticipated) - Multimedia presentation improvements— anticipate installing equipment in City Council chambers including improved presentation and projection equipment, ability to include in KentTV 21 broadcasts City of Kent Technology Plan 2002-2004 27 5.02 Appendix B— Technology Plan 2002 - Planning Timeline The following is the timeline for development of Technology Plan 2002 • Summer 2000—Rough outline of projects and costs provided to Finance as part of budget process - S 12 5 Million • Summer 2001 —Slightly more detailed outline of projects and costs submitted as part of budget process - $11 2 Million • October 2001 /January 2002—Projects prioritized both within area and by overall priority Extensive review meetings to refine priorities and reduce budgetary impact Many worthy projects removed because they were not deemed top priority-$7 5 Million • December 2001 /February 2002—Extensive Financial analysis and review of funding mechanisms, cash flow issues, etc Consideration given to impact of other key City investments, including Kent Station • February 2002—Final Acceptance of projects to be undertaken and funding mechanisms • February 2002/April 2002—Detailed review of supporting budgets, additional projects delayed due to mid-year acceptance and reduced staffing levels, final refinements made -$7 01 Million • May 2002 —Scheduled for Presentation to City Council Operations Committee City of Kent Technology Plan 2002-2004 28 5.03 Appendix C— Current Profile of Desktop Computers The following table provides summary information with regard to our desktop computer installation Data was gathered in December 2001 The inventory is broken down by department and by chip speed in megahertz(MHz) Desktop December 2001 DEPARTMENT ='20OMH 233-266 1 300-350 400-450 500-600 667-866 933-1600 Total z MHz I MHz MHz MHz MHz MHz Admen, Mayor, Clerk, 3 2 5 2 1 2 3 18 Council Community Development 0 1 ' 24 7 6 4 11 53 Employee Services 0 2 6 1 2 3 5 19 Finance 0 1 12 4 5 7 12 41 Fire & Life Safety 0 4 21 8 4 7 22 1 66 Information Technology 1 2 5 5 22 6 11 52 I T Training/Storage 0 2 13 3 13 1 0 32 Legal 0 6 6 0 1 0 5 18 Municipal Court 1 3 5 0 1 1 13 24 Parks 8 1 35 10 7 8 22 91 Police 4 7 31 10 10 13 35 j 110 Public Works 1 8 36 22 8 16 27 '2Total 18 39 199 72 80 68 166 642 City of Kent Technology Plan 2002-2004 29 KENT WASHINGTON DATE May 14, 2002 FINANCE May Miller TO Mayor White and City Council Members Director \_ Phone 253-856-5260 FROM May Miller \� Fax 253-856-6255 chno SUBJECT Financing of Telogy 2002 Plan 220 Fourth Ave 5 Kent,WA 98032-5895 The 2002 Technology Plan will continue the funding of capital technology core lifecycle replacements This plan was included in the six year Capital Plan and in the adopted 2002 Budget In light of today's economic picture, many meetings have taken place over the last few months to reduce the plan to the most critical needs The request today is for a three to four year plan of$7 1 million It will be funded by$6 million in councilmanic bonds, $2 million to be issued in 2002 and the final $4 million to be issued in 2004(down from $5 million in the 2002 Budget) The balance of$1 1 million will come from cash from several sources including carry-over Technology 1 funds, Police Criminal Justice funds,and a blend of Capital Improvement and Utility funds The bonds will be for ten years at an expected low rate of approximately 4 25% It is important to match the life of the bond to the expected life of the projects and use cash for the shorter life projects The debt service payments for Technology 2002 (Tech II) will be from the existing funds set aside in the Capital Improvement Fund The revenue for this is from the 25% Sales Tax and the first quarter percent of Real Estate Excise Tax Kent is one of the few cities that sets aside funds specifically for Capital Projects and enjoys a good credit rating from the bond rating agencies because we do not use property tax to fund capital projects Also, we can show a continued source of sales tax funding to pay for the debt service The only time property tax would be used for bond debt service would be for a voted bond issue where citizens would vote to increase their own property taxes to pay for a specific issue such as the Harrison House voted issue of 1986 that will be paid in 2006 The bonds requested for Tech Il are councilmanic which require Council's approval, use existing revenues, and do not require public vote To save on debt issuance costs several capital needs will be combined into one councilmanic bond issue We will be back to the Operations Committee with a Parks piece for the East Hill Sports Complex and some facility improvements, a Public Works piece for street improvements, and the Kent Station infrastructure piece Separate approval will be asked for each piece and then final authorization to proceed with the planned 2002 councilmanic bonds The projects were anticipated and are included in the adopted 2002 Budget We will be presenting separate bond pieces at the May, June, and July meetings with the bond funds expected in July or early August Financing of Technology 2002 Plan -2- May 14,2002 The expected counc\lmamc bonds for all the projects are within the ACW allowed bond capacity with an anticipated net 49% capacity used and 51% remaining This is down from the net 54 7% used in 2000 and well below a stated"not-to-exceed" 85% of capacity used Not only are we within legal capacity, we have anticipated the debt payments from the CIP and Street Funds for each specific piece and they are included in the 2002 Budget In conclusion, the Technology 2002 plan will need authorization for' intent to issue bonds' for the $6 million bonds to ensure funding for the projects Forty-five percent(or V 1 million) of the plan meets Councll's strategic goal of a"safe community" by replacing the 14 year old Police system and including a new records management system,jail management system, crime analysis tools_ officer reporting software, and mugshot management system Also included is the core backbone replacement that will keep all of our systems functioning Funding Tech II now will mitigate risk of system failure,will utilize interest rates while they are low, and will be timely as we are ready to proceed on core replacement of the system backbone and Police systems Lifecycle replacement of parks. streets, and technology assets is a wise investment It will also provide for efficiency and a sound technology base for expected growth in Kent in the next few years IU\Luis's Fi1es\2002\Council\Tech 2002 Plan doc Kent City Council Meeting Date May 21, 2002 Category Other Business 1. SUBJECT: JUDICIAL APPOINTMENT 2. SUMMARY STATEMENT: The Mayor wishes to appoint our longstanding Court Commissioner, Glenn Phillips, as the Kent Municipal Court's second Municipal Judge to become effective on the effective date of the ordinance creating this second Judicial position Glenn has acted as the full-rime Court Commissioner since 1994, and already performs many of the duties required of a full-time Judge. Once effective, Judge Phillips' term would run until December 31, 2005, and thereafter be filled by election. 3 EXHIBITS: Letter from Mayor White to Councilmembers dated 5/8/02 & letter from Judge McSeveney to Mayor White dated 4/3/02 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember _moves, Councilmember seconds to confirm the Mayor's appointment of Commissioner Glenn Phillips as the City's second full-time Municipal Court Judge, upon the effective date of the ordinance amending the Kent City Code to add a second Judicial position. DISCUSSION ACTION: Council Agenda Item No. 7C KENT W ASHIN GTON OFFICE OF THE MAYOR Jim White, Mayor May 8, 2002 220 Fourth Ave S Kent,WA 98032-5895 Phone 253-856-5700 Fax 253-856-6700 Kent City Councilmembers 220 4th Avenue S Kent, WA 98032 Re Judicial Appointment of Glenn Phillips Dear Councilmembers It is my pleasure to appoint Commissioner Glenn Philips as the second Judge of the Kent Mumcipal Court, to become effective when the ordinance establishing the second Judicial position takes effect Commissioner Phillips has served as our Court Commissioner since the inception of the Court in 1994 He has played a vital role handling the approximately 20,000 cases filed at the Kent Municipal Court each year He has earned the respect and support of the Municipal Court staff and the attorneys that appear before the court Commissioner Phillips is a member of the District and Municipal Court Judges Association, has served on a number of Judicial committees, and has been a faculty member of the Washington State Judicial College I am confident that Commissioner Phillips will fulfill his new role as Judge of the Kent Municipal Court with honor, dignity and integrity For all the foregoing reasons, I ask for your confirmation of this appointment Regards Jim White Mayor JW re cc Judge Robert McSeveney Commissioner Glenn Phillips Mike Martin, Chief Administrative Officer Tom Brubaker, City Attorney Sue Viseth, Employee Services Director P\Cnd\FILES\Op nPEcd0365\MayorvPhdLpsAppmnt let doc A,o.kf KENT MUNICIPAL COURT 4� S � 6 A E _ 0 1220 S Central•Kent,Washington 98032 _ Robert B C McSeveney, Judge ' Phone 253-856-5730 Glenn M Phillips,Commissioner Fax 253-856-6730 ��^ Margaret M Yeller, Administrator O rc 3 2002 - - April 3, 2002 �— _, r APR o 8 zooz Mayor Jim White 220 41h Ave S Kent, Washington 98032 Dear Mayor White, As you know, the Kent Municipal Court has been in operation since January of 1994 Currently it is the second largest municipal court in King County with approximately 20,000 annual filings and twenty-four employees to date I have been the sole Judge of the court and am writing requesting that the City of Kent create and fill a second full-time Judge position The reasons Justifying a second elected Judge are as follows First, the Administrative Office of the Courts reviewed our caseload statistics for 2001 and determined the number of filings Justifies 2 1 Judges Second, both the Wilson Report and the Walsh Commission concluded that the public is best served with elected Judges Third, a second Judge would allow for rotation of a presiding Judge to manage the court from year to year as authorized in ARLJ 5 Currently, if I became ill or incapacitated, there would not be a Judge available to preside over the court, set policy or make statutonly mandated decisions Fourth, a second judge would give greater credence to an independent Judiciary at the municipal level Last, Commissioner Phillips is currently a full-time employee compensated at 40-hours per week A"full-time equivalent Judicial position" is defined as "thirty-five or more hours per week of compensated time " RCW 3 50 055 I am also recommending that the city consider appointing Commissioner Glenn Phillips to fill the second Judge position Commissioner Phillips has served as commissioner since 1994 and has an extensive knowledge of the law and municipal court operations He has helped me form Judicial policy here at the court, taught at the Judicial college and is well respected and utilized by the District and Municipal Court Judges Association for `� KENT committees and advice Further, Commissioner Phillips would make an excellent candidate for this position and could easily move into the office without any disruption to the court administration, calendars and daily operations I have enclosed a copy of his curriculum vitae for your perusal If you have any questions, se feel free to call me Sincere Robert McSeveney Judge cc ''Mike Martin, Chief Administrative Officer Commissioner Glenn Phillips Margaret Yetter, Court Administrator 0 GLENN M. PHILLIPS Kent Municipal Court 1220 S Central Kent, Washington 98032 Work Phone (253) 856-5734 LEGAL EDUCATION: Gonzaga University School Of Law, Spokane, Washington Degree J D , Graduated Cum Laude May 1981 Honors Amencan Junsprudence Award for excellent achievement in the study of UCC III & IV, Spring 1979 Activities Army ROTC UNDERGRADUATE EDUCATION University of Evansville, Evansville, Indiana Degree B S Law Enforcement, June 1976 Honors Deans List Outstanding College Athletes Of America, 1975 Activities Blue Key National Honor Fraternity Captain, Varsity Soccer Northern Virginia Community College, Annandale, Virginia Honors Dean s List PROFESSIONAL MEMBERSHIPS/ACTIVITIES District and Municipal Court Judges Association (1994— Present) Committees Courts Helping Courts Committee (1997 — 1998) Education Committee (1998 —2001) --DMCJA Education Cumculum Plan Subcommittee (1999) DOL Liaison Committee (2001 — Present) Legislative Committee (2001 — Present) Long Range Planning Committee (2001 — Present) Other Faculty Member, 2002 Washington State Judicial College Access To Justice— Pro-Se Litigants Washington State Bar Association (1981 — Present) Status Judicial Committees Access To Justice Education Committee (1998— Present) Other Commrttees/Workgroups: Failure-To-Appear Reduction Taskforce (2000-2C01) Adult Justice Operation Master Plan Misdemeanant Work Group (2001 — Present) Best Practices For DV Orders Work Group (2002 — Present) EMPLOYMENT• KENT MUNICIPAL COURT(1994-Present) Court Commissioner Authorized to hear and dispose of all criminal and civil matters appearing before the Court Full time as of January 1, 1998 —Other Judicial Exaenence/Traunno 1984— 1997 Sat actively in a pro-tem capacity for the majority of King County Municipal and District Courts as well as Snohomish County District Court(South District Court), 1995 Graduate, Washington State Judicial College; 1999 The National Judicial College Faculty Development Workshop —Traffic Safety Cases HUBBARD & PHILLIPS (1992— 1996) Law practice focusing primarily on family law and misdemeanor criminal defense LAW OFFICE OF GLENN M. PHILLIPS(1981— 1982; 1985— 1992) Law practice focusing primarily on family law and misdemeanor criminal defense Public Defender for City of Bellevue 1990 and 1991 RICHARD CARRITHERS LAW OFFICES (1983— 1985) Associate with law firm handing general civil and criminal litigation SCHARF& SCHARF LAW OFFICES (1982— 1983) Associate Practice limited to family law REFERENCES: Available upon request Kent City Council Meeting Date May 21, 2002 Category Bids 1. SUBJECT: SALE OF TWO 1986 PIERCE ENGINE/AID UNITS 2. SUMMARY STATEMENT: The Fire Department was authorized to surplus and to advertise for bid two (2) 1996 Pierce Engine/Aid Units at the February 19, 2002 Council Meeting. One bid for one of the 1986 Pierce Engine/Aid Units, Apparatus #713, VIN #40121, in the amount of$37,005 was received from Black Diamond Fire Department. These funds will be placed into the Apparatus Replacement Fund. No bids were received for the other 1986 Pierce Engine/Aid Unit, Apparatus #712, VIN #40115. The Fire Department was contacted by the State Fire Academy who expressed an interest in purchasing this apparatus. If they do not make an offer to purchase this vehicle, staff recommends that this apparatus be re-advertised for sale by sealed bid in a few months. 3 EXHIBITS: Copy of bid received from Black Diamond Fire Department 4 RECOMMENDED BY: Fire Chief& Public Safety Committee (3-0) (Committee, Staff, Examiner, Commission, etc ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember Wep seconds to accept the sealed bid received from Black Diamond Fire Department in the amount of$37,005 for the purchase of one (1) 1986 Pierce Engine/Aid Unit (VIN#40121), and to direct that the funds from this transaction be placed into a Facilities Maintenance Capital account. DISCUSSION: ACTION: Council Agenda Item No. 8A ♦ BLACK DIAMOND FIRE DEPARTMENT ESTABLISHED 1943 22015 SE 296TH ST. PO BOX 249 BLACK DIAMOND,WA 98010 (253)631-2608 OR(360)886-1229 FAX(253)631-1899 April 23, 2002 Office of the City Clerk City of Kent 220 4th Ave South Kent, WA 98032 To Whom It May Concern The Black Diamond Fire Department would like to submit a bid of S37.005 for the purchase of the 1986 Pierce Lance Fire Engine, VIN 40121, App 713 This vehicle would be used as a reserve apparatus here in the City of Black Diamond Payment in full can be arranged within 30 days of your acceptance of our bid If you have any questions, please feel free to contact me Sincerely John Herbert 'Fire Chief • Kent City Council Meeting Date MU21, 2002 Category Bids I. SUBJECT: SALE OF 3-1/2" FIRE HOSE 2. SUMMARY STATEMENT: The Fire Department was authorized to surplus and to advertise for bid the sale of surplus 3-1/2 inch fire hose at the February 19, 2002 Council meeting. One bid for the surplus hose in the amount of$2,232 was received from Michael Hammes. Staff recommends that the bid be awarded to Michael Hammes and that the monies be placed into the Fire Department's current year budget to assist with the purchase of new hose. 3. EXHIBITS: Copy of bid received from Michael Hammes 4 RECOMMENDED BY: Fire Chief& Public Safety Committee (3-0) (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to accept the sealed bid received from Michael Hammes for the purchase of the surplus fire hose, and to direct that the funds from this transaction be placed into the Fire Department's current year budget to assist with the purchase of new hose. DISCUSSION: 1A AJW , ACTION: Council Agenda Item No 8B BID FOR SURPLUS HOSE IHEREBY BID TWELVE DOLLARS ($12.00) PER 50 FOOT LENGTH OF 3-1/2" FIRE HOSE FOR ALL 186 PIECES. $2232.00, TWENTY TWO HUNDRED THIRTY TWO AND NO/100. 20 PIECE LOTS $240.00/EACH. THANK YOU FOR THE OPPORTUNITY TO BID. MICHAEL HAMMES 224 SUDDEN VALLEY BELLINGHAM, WA 98226 360.815.1144 REPORTS FROM STANDING COMMITTEES AND STAFF A COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC SAFETY COMMITTEE D. PUBLIC WORKS E. PLANNING COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS REPORTS FROM SPECIAL COMMITTEES OPERATIONS COMMITTEE MINUTES APRIL 16, 2002 COMMITTEE MEMBERS PRESENT Chair Rico Yingling, Leona Orr, Judy Woods STAFF PRESENT May Miller, Mike Martin, Tom Brubaker, Tim Clark, Jackie Bicknell PUBLIC PRESENT Ted Kogita The meeting was called to order by Chair Rico Yingling at 4 18 PM Approval of Minutes of March 19, 2002 Committee Member Leona Orr moved to approve the minutes of March 18, 2002 The motion was seconded by Committee Member Judy Woods and passed 3-0 Approval of Vouchers Dated March 31, 2002 and April 15, 2002 Judy Woods moved to approve the vouchers dated March 31 , 2002 and April 15, 2002 The motion was seconded by Leona Orr and passed 3-0 December. January, and February Finance Reports Finance Director May Miller handed out the December Financial Report, and began discussion on page 10 which showed year ending balances for all the General Fund revenues In October, the General Fund was 1 3% under budget for revenue but declined further still to 2 2% for an overall down of $1,268,332 for last year Ms Miller said 2 2% of a $57,000,000 budget was not a horrible amount, but the City still likes to end the year with revenues over budget Last year, the City ended the year at 5'/z% or $2 9 million over budget Over budget money is rolled into the next year's budget so that positions can be added In the previous year, 34 positions were added to the following year's budget This last year, part of one position was added The City continued a hiring freeze from September on, and in September was 7% under budget and in October was 11 2% under, and that was maintained in November and December The year ended $2 5 million under budget in Expenditures, which helped to offset some of the downfall in revenue Property Tax on page 12 shows a big appeal in the $250,000 range from one of the City's businesses last year The business won the appeal (the City doesn t know about appeals until they're over and a letter is received and the money taken away) However, the money is added back into the rolls the following year and distributed amongst all the residents Page 13 shows that October car sales (after September 11'h) brought the Sales Tax up some, but November ended $121 ,000 under budget and December ended 3'/z% or $263,000 under budget Utility Tax rates, shown on page 14, had been coming in way over budget right up through October, then there was some adjustment to the way commercial was being billed late in the year, and all of a sudden the Electric Utility Tax fell way off Rates had been very high all year long and were anticipated to continue at that level About $354,000 was lost that hadn't been anticipated when the budget was put together 0 Building Permits, page 16, dropped off in July and stayed down all year long Other cities in the area also experienced the same down trend in building permits The year ended 31% under budget, or about $500,000 The value of permits, page 17, wasn't quite as severe, down only 16%, so the total value wasn't off quite as much Plan Check Fees, page 18, depicted a dismal Operations Committee,4/16/02 2 story, down 36% or $679,000 by the yearend Recreation Fees, page 19, came in almost exactly at budget and was only $3,500 under Page 20 shows Fines and Forfeits ending 5 3% over budget or $67,000 Water, page 21, shows that last summer's conservation worked is Revenue was down 6.4% or $464,000 Sewer, page 22, was down almost the same percent but the dollar amount was a bit higher The adjustment column on page 23 shows the total dollar amounts over or under for all the different revenues, and that the budget, overall, was under $1 2 million as depicted in the first graph The amount of revenue taken in was $56,230,000. In 2000, $56,474,000 was taken in, so there was a drop from the previous year in actual dollars received The expenditure side shows considerable savings, which was needed to not end up in worse shape Variance from the Preliminary Budget was $594,000 less at year's end than what had been thought there would be to start the new year A shortage of about $200,000 was expected, but then another $368,000 short was primarily due to the Electric Utility falling off and the continuation of the Permit and Plan Check Utilities did come in over budget, but dropped off towards the end of the year and wasn't as much over budget as had been expected The shortage is being recovered in January and February by continuing a severe salary freeze Chief Administrative Officer Mike Martin added that the shortage was a significant number as the additional $300,000 wasn't taken into consideration or accounted for when staff went back in and did the budget reductions to reduce the fund balance going into the current year Ms Miller continued with Vacant Positions on page 24, which showed 43 total positions short The General Fund was 27 short this year, and 17 last year The Street Fund, page 25, actually ended $123,000 more in revenue than was expected and was within budget On page 27, the Lodging Tax Fund ended $387 less than when the budget was put together, and on the project side with $23,000 Rico Yingling noted that it was $10,000 below the previous year and this year was expected to be even lower May Miller continued on page 28 with the Youth/Teen Budget The variance from the budget was $77,000, primarily due to the Electric/Utility Tax $287,000 in that fund is accumulating towards another skateboard park The Capital Improvement Fund, page 30, ended $179,000 over budget It was short in the Sales Tax area but came in higher in Real Estate Excise Tax, showing there was more commercial or other pieces of property sold (probably due to the low interest rates last year) The Criminal Justice Fund, page 31, came in higher than anticipated The Golf Operations' revenue side, page 34, was budgeted in 2001 at $2,650,000 and ended at $2,533,000, so ended the year a little bit under budget (Ms Miller explained that a budget report is not the same as a profit and loss statement for the whole Golf Course Fund as had been described in a newspaper article ) Comparing 2001 to 2000, the expenditure side showed some savings in 2001, the amount of revenue taken in over expenditures was $609,012 In 2000, revenue over expenditures was $528,274 In response to Rico Yingling's question about the debt service of$654,591, Ms. Miller said the last payment would be in 2010 Another, smaller, open space piece paid out of the CIP Fund would disappear in 2004, part of which is paid by CIP Sales Tax money (some of which is earned at the golf course restaurant and from the sale of some of their items) and Real Estate Excise Tax, and part is paid from the Lodging Tax The Equipment Rental Fund, page 35, was about $196,649 short Central Services, Page 36, was $24,797 short, but was very close on their fund balance as they don't keep much fund Operanons Committee,4/16/02 3 balance except for postage, photocopies, storage, etc The IT Fund, Page 37 was $17,714 short. Fire Equipment Reserve, page 38, earmarked to buy pieces of fire equipment, was $73,406 over the preliminary budget because of some interest earnings that hadn't been anticipated The Facilities Fund, page 39, was short $84,580 as some tenants moved out last year and the City occupied more of the space Unemployment was down $17,731 because of higher claims since last year Workers Compensation, page 41, was over $24,486 and has sufficient fund balance Health, page 42, had been in trouble for a while but has pulled out now and was $35,692 over budget last year, ending the year with $1,246,000 in the fund balance Liability Insurance, page 43, had some challenges and ended at $95,189 — very close to their fund balance The City does have a reserve of $546,000 for claims not yet turned in Property and Liability, page 44, was $10,601 over budget February Report (Ms Miller skipped the January report) The General Fund, shown on page 3, is right now 4 4% under budget or $276,103 Last year it was 1 1% under budget by February and some of the decline in revenue was already starting to show Expenditures are currently over budget by $526,653 and the revenue shortfall is being offset right now by keeping positions pretty tight Sales Tax, page 6, was 4 8% under budget January's revenue is from November sales, Februarys from December sales (4 3% under budget), and March sales tax from January sales (8 6% under budget) The City was 17 1% under for March and the state 16% under, so that compares very closely to what the whole state is running Year to date Contracting is down 5%, Wholesale is down 7 4%, Manufacturing 9 1%, and Retail 7 3% The Miscellaneous money is mostly car sales and they have done pretty well The only + two categories that showed holding their own are Services and Miscellaneous (from January and February sales, which are November and December business sales), all the other categories were down The Utility Tax, page 7, continues to be down, but an electrical rate increase of 8% has been approved for April 1 sc Most of the Utility Tax is electrical and that should help offset the down somewhat Building Permits, page 8, is down 5 1%, or $10,000 in revenue, but the City doesn't usually do many building permits in January and February The value of the permits has come in ahead of last year More permits are coming in for residential spec houses so they don't take as many plan check dollars to do them, and Plan Check Fees, page 10, was down almost 40% Recreation Fees, page 11 , was above budget as was Fines & Forfeits, page 12 Water Operating Revenues, page 13, was pretty much right an budget at 03% under Sewer, page 14, was 1 8% under budget The Golf Complex, page 15, was down in January and February compared to last year in the 18 hole, the 9 hole, the driving range, and the mini golf The only area that was up was merchandise sales and the restaurant lease The under budget amount was $639 The General Fund, page 16, would end the year almost right on budget if the trend continues Vacant Positions, page 17, stands at 43, this time last year the number was 52 vacancies because 35 brand new positions had just been added that weren't filled If those new positions are subtracted out, vacancies were really down only 17 positions last year compared to 43 this year The same is true for the General Fund Last year would have been down 18 positions as opposed to 28 now if the brand new positions were subtracted out that had lust been added and not yet filled The Street Fund, page 18, was down a little bit The Lodging Tax Fund, page 20, is actually running a little bit above trend The Youth/Teen Programs, page 21 , is still down, again due to the Utility Tax in the electricity area The CIP Fund, page 22, shows that Real Estate Excise Tax (which really depends a lot on interest rates) was up, but Sales Tax was Operations Committee,4/16/02 4 down The CIP could end $500,000 over budget if it stayed right at trend Criminal Justice, page 24, looks like it's coming in pretty much on budget Ms. Miller handed out a Finance Report for Golf Page 1 (which Ms. Miller said was the page given to the newspapers) shows the profit and loss for December The annual report shows that operating revenue was up $1,988 and expenses for maintenance were actually down $40,000. Operating expenses were down another $24,000 for a savings of $65,000 in expenses The number the newspaper picked up for their article is the operating income, which shows $253,000 for this year compared to $250,000 last year The newspaper also cited the non operating expenses, and the difference in the income or loss last year of a $77,759 deficit compared to a positive this year of $73,255 This is retained earnings which is all of the assets over all of the liabilities Budget reports usually don't look at or include those figures because they are more for accounting purposes and include depreciation and things that don't cost money A report through February in the same format shows that revenue is down $3,504 (classified in the same way as in the accounting report) and incfudes any interest on debt money that is being held until the debt payments It shows savings of $9,008 in maintenance expenditures and the operating side as being up $47,743 Part of that may be some merchandise items bought for resale, but which aren't yet broken out on this statement It's early in the year, but it looks like, through February, that things are off maybe $46,000 in total compared to what the trend showed it should be The expense side is up about $22,000 CIP and Budget Schedules May Miller handed out the Capital Improvement Plan Process Calendar and Operating Budget Calendar which shows the different kick off dates for the budget and the process of meetings and when things will go to Council The calendar is patterned after last year and will be gotten out to the departments so people will know when items are coming and so the City Clerk will know when to schedule hearings and meetings Ms Miller said staff is always willing to add or change dates The meeting adjourned at 4 58 PM Jackie Bicknell City Council Secretary PUBLIC SAFETY COMMITTEE MINUTES APRIL 9, 2002 COMMITTEE MEMBERS PRESENT Chair Connie Epperly, Julie Peterson, Rico Yingling STAFF PRESENT Jim Schneider, Ed Crawford, Steve Hamilton, Pat Fitzpatrick, Jackie Bicknell PUBLIC PRESENT Laurel Nelson The meeting was called to order by Chair Connie Epperly at 5 10 PM Two items were added to the agenda Police Operational Policy on Sexual Predators, and Police Mini Grant Approval of Minutes of February 12, 2002 Committee Member Rico Yingling moved to approve the minutes of February 12, 2002 The motion was seconded by Committee Member Julie Peterson and passed 3-0 Criminal Code Amendment —Adoption of RCW bV Reference Deputy City Attorney Pat Fitzpatrick said current City code adopts many RCWs although there are numerous RCWs that are not adopted The effect of adopting the Criminal Code Amendment and adoption of RCW by Reference would be that the Revised Code of Washington Misdemeanors and Gross Misdemeanors would all be adopted In the City of Kent, if an officer wishes to site a person or arrest a person for one of the RCWs that is not specifically adopted by the City, the City Attorney's Office cannot prosecute The City is required to investigate and prosecute misdemeanors and gross misdemeanors within the City limits If there is no criminal code regarding certain conduct, it cannot be prosecuted and the person cannot be arrested The person potentially cannot even be investigated for a violation of a crime if it's not a crime in the City The City has adopted most of the major gross misdemeanors and misdemeanors that the state has enacted, and very few RCWs would be adopted in this ordinance for the purposes of handling a specific problem that is currently occurring Rarely violated laws would be adopted For example, the law regarding concealing childbirth Mr Fitzpatrick said that in the 7'/2 years he had been with the City, he had never heard of a single incidence where that crime had been investigated However, it is very important to adopt that law along with all the RCW's for ease in investigation by City police officers City of Kent Police officers are trained by the Criminal Justice Training Center to enforce the Revised Code of Washington Attorney's who graduate from law schools and take the Washington State Bar Association are trained in the Revised Code of Washington There is no specific training for the Kent Municipal Code Public Safety Commmee,4/9/02 2 Most surrounding jurisdictions have adopted the Revised Code of Washington, including Auburn, Tukwila, Federal Way, Renton, and SeaTac, and that creates continuity of enforcement Oftentimes police officers from other jurisdictions come into Kent to investigate or assist in investigations and vice versa And, when a city chooses to enact its own ordinances that mirror the RCWs, there are minor discrepancies In the laws and those discrepancies may lead to technical challenges in criminal type cases (defense attorneys find little loopholes to challenge) The benefit to adopting the Revised Code of Washington is that the City will be able to rely on the Court of Appeals in Supreme Court cases where issues have already been challenged with regard to the Revised Code of Washington Mr Fitzpatrick said there were two separate actions to the ordinance There would be a wholesale adoption of the Revised Code of Washington where every misdemeanor and gross misdemeanor and all the laws necessary to support an investigation, prosecution, and sentencing of the laws would be adopted A second component lists the gross misdemeanors and misdemeanors that can be found in the City code It will be done both ways to cover any gross misdemeanors and misdemeanors in the RCW's that may have been missed in the specific list, and because there are few jurisdictions that adopt wholesale the Revised Code of Washington like Kent will do Section 9 02 020, page 3, refers to the wholesale adoption of the RCW's By adopting the RCW's in this manner, all future state amendments to the Revised Code of Washington and any changes in renumbering that the state might make will be adopted Mr Fitzpatrick stressed that it is much easier to adopt the RCWs wholesale than to pick and choose because, inevitably, an important law would be left out Also, if the state changed the language of the title of the code or the code number, there could be a time and situation of fluctuation where something may not actually be a crime This would not necessarily mean that if the state developed a new law that Kent would automatically have it in the City The Council would have to specifically adopt a new law and then wholesale adopt the RCWs all over again For example, the City has an ordinance regarding the negligent abandonment of children that is similar to the state RCW As of July 1 , 2002, the State of Washington will basically adopt Kent's statute as a state statute, so sometime after July 1, this issue will be brought back to Council to repeal the City's version and adopt the state's to be able to track with any appeals that occur on the state's law Julie Peterson asked if any of Kent's ordinances had greater punishments than the RCWs Mr Fitzpatrick said a city cannot make a punishment more strict for the same conduct if there is a mirroring state statute He went on to say there were three codes not being adopted because Kent already has its own which are better Kent's definitions for Obstructing a Public Officer are more clear than the state's The Disorderly Conduct code, which is Public Safery Cocmmttee,4/9/02 3 often challenged at the state level as a violation of constitutional right, has much more clear language and would be subject to less challenge The other code, Escape (from Kent Correction Facility, essentially), is being kept because Kent's definition of custody accounts for electronic home monitonng and will account for work crews and day reporting when those programs are in place and operational With the state's code, a person couldn't necessarily be charged for escaping their electronic home monitoring, work crew, or a day reporting facility Mr Fitzpatrick handed out a new version of the ordinance and said the significant difference in it and the draft version supplied with the agenda packet was that the new version specifically provides, on page 4, that the City is not adopting the state's Obstructing, Escaping, and Disorderly codes A six page list of new crimes would be adopted as a result of complete adoption of the Revised Code of Washington, and until adoption, it would be okay to commit those crimes in Kent The City's web site, Code Publishing, would provide a direct link to every Revised Code of Washington that is adopted Rico Yingling expressed that this was a lot of new laws and he would want to take some time to review them and see if he had any questions Connie Epperly suggested bringing the matter back to the next Public Safety Committee Julie Peterson asked how citizens would be notified If and when the new laws were made an ordinance She suggested there should possibly be some public education if 100 new laws were to be adopted Mr Fitzpatrick said there hadn't been notification in the past when a new law was adopted, but there had never been an adoption of such magnitude before Connie Epperly clarified that just because something was on the list as new didn't mean people could get away with it She stated that some things have been prosecuted in Kent under the state law Pat Fitzpatrick added that some of the laws were listed as new because Kent has its own language which doesn't necessarily mirror the RCWs Kent would be getting rid of its own definition and going with the Revised Code of Washington Rico Yingling said he would like more information and a statement on each new RCW stating whether it was replacing one of Kent's laws, if there would be no significant change, or whether the law was new and what its impact would be SOAR Code Revisions — Ordinance Amending Time and Adding New Area Pat Fitzpatrick said the area that the SOAR Ordinance affects is being expanded and would include a street near Boeing being used by racers and a sidewalk on the border of Renton, Kent, and Tukwila The street is actually not in the City of Kent, but the sidewalk where the spectators gather is, and the spectators are the ones that will be regulated There have been a number of incidents where racing has occurred at 4 15 AM and the cut off in the ordinance is 4 00 AM so that has been amended to go until 5:00 AM Public Safety Committee 4/9/02 4 Julie Peterson asked if Kent was working with the other cities to try and get them to enact a similar ordinance Mr Fitzpatrick said he thought they were considering similar types of ordinances, but that Kent was probably the testing ground for the issue Kent is pushing the racers into other cities and, if that continues, those cities will take some steps to correct the issue In response to Rico Yingling's question on whether racing was allowed in some parts of the public streets, Mr Fitzpatrick said that all racing was illegal and is specifically defined by a separate RCW as reckless driving It's a gross misdemeanor and major offense which results in a license suspension This ordinance deals with the spectator portion, the thought being that if the spectator can be removed, then the interest will be removed It has been very effective The folks who race are somewhat sophisticated in that they use cell phones and have people watching for police. When they see police officers converging on a scene, the racers leave and the people left are the spectators who can't get to their cars in time Rico Yingling recommended to Council adoption of the proposed ordinance to extend the prohibition against racing within the designated areas to 5:00 AM and to include additional streets in the designated "No Racing" zones. The motion was seconded by Julie Peterson and passed 3-0. Assistant Fire Chief Steve Hamilton introduced the City of Kent's new Fire Chief, Jim Schneider King County EMS Regional Cooperative Purchasing Agreement Assistant Chief Steve Hamilton said the best prices for medical supplies and equipment could be received through the cooperative regional purchasing agreement with King County, which is based on volume purchasing It is a non binding agreement Julie Peterson moved to recommend that Council authorize the Mayor to sign the Cooperative Purchasing Agreement with King County. The motion was seconded by Rico Yingling and passed 3-0. King County Basic Life Support Services Contract for 2002 Asst Chief Hamilton said the contract for basic life support services was similar to the contracts that have been signed since 1981 with the Seattle/King County Department of Health Emergency Medical Services Division Kent's portion of the six year EMS levy is $714,898 Rico Yingling recommended that the Council authorize the Mayor to sign the contract with the Seattle-King County Department of Public Health, 011 Public Safety Conumttee, 4/9/02 5 Emergency Medical Services Division. The motion was seconded by Julie Peterson and passed 3-0. Purchase of Evac-U-Splints with Monies Received from Grant Steve Hamilton said that every year the state offers Kent the Pre-hospital Trauma Grant of$1,200 and the City only has to let them know how the money will be spent Evac-U-Splints are a brand name for vacuum splints Julie Peterson moved to recommend to the Council that grant funds in the amount of$1,200 from the State of Washington be accepted and the Fire Department be authorized to apply said funds towards the purchase of Evac-U-Splints. The motion was seconded by Rico Yingling and passed 3-0. Chair Connie Epperly asked Fire Chief Jim Schneider to tell the public a little bit about himself Chief Schneider said he started with the Eugene Fire Department in Eugene, Oregon, and was there for 21 years, working up through the ranks to become Assistant Chief He then moved to Clovis, CA, where he was Fire Chief for 7%years He is married and has two sons in college King County Regional Disaster Plan Laurel Nelson, Program Coordinator for the King County Office of Emergency Management, gave a presentation to explain the King County Regional Disaster Plan for public and private organizations King County is a very large county with close to 2200 square miles and has 1 7 million people There are 39 separate cities and close to 20 special purpose districts which include fire, school, water, and sewer, plus a couple of hospitals, which are also considered special purpose districts Currently there is no plan that mandates that all those separate agencies coordinate with one another for emergency management issues There is an RCW for emergency management, Chapter 38 52, that states any political entity that incorporates is responsible for emergency management within its own jurisdiction The City of Kent's emergency management lies within the Fire Department, and allows the City to establish an ability to deal with hazards that may exist within the boundaries of the City of Kent Emergency management deals with public education and participates in certain programs such as earthquake preparedness and response and recovery issues The Regional Disaster Plan is designed for a multi jurisdictional, multi agency incident It is not for the day to day, smaller type event, but for ones that go beyond jurisdictional boundaries It is a voluntary plan, but does have a legal and financial agreement that outlines the issues of borrowing and lending resources (similar to a Mutual Aid Agreement) and allows for an inter-linking of public and political entities and creates the framework to work with one another to become more efficient in utilizing resources for all the population in King Pubhc Safety Committee, 4/9/03 6 County There are close to 500 elected officials in King County and, along with the 39 cities, there are 30 fire districts, 19 school districts, 16 sewer districts, 32 water districts, and a slew of hospitals and private industries Currently, there are four existing fire zones with fire services utilizing mutual aid back and forth on a regular basis. (Effective July 15`, Zones 3 and 4 will be merging, which should be a benefit for all of south county ) Zone movement is when resources have to be moved back and forth from one zone to another There may be a 4 or 5 alarm fire which goes beyond the local resources within a particular zone to respond, and that activates a cross disciplinary interaction that goes beyond public works, fire, police and other agencies that are typically thought of for response during emergencies There is a King County Regional Fire Resource Plan as well as a South Regional/Puget Sound Resource Plan, and also the State Fire Mobilization Plan The fire service has done an incredible job and has learned a lot from California's trial and error with wild fires and the systems they have implemented, such as the Incident Command structure, that allow them to be more efficient in their management of incidents It has been a good system to establish in King County and is the same model that will be used for an Emergency Regional Disaster Plan The Omnibus Legal Agreement outlines the legal and financial grounds, the incident command system is a management tool, and the RCW mandates the number of incidents with hazardous material situations, search and rescue . efforts, and mobilization through fire A common set of communication standards is also being established The Regional Disaster Plan is the framework for and addresses the concept of operations The Omnibus Legal and Financial Agreement addresses payment for borrowing or lending resources and whether there are any liability issues and their legalities ♦ APPDX 1 is completed and gives the direction and coordination for the plan The Washington State Comprehensive Emergency Management Planning Guide is being followed in relation to the Federal Response Planning Guide It is a unified command with representatives from all the different disciplines acting together ♦ ESF 1 Transportation is also completed There are cross representatives that are involved in developing those documents and the WSDOT, Port of Seattle, and Seattle Tacoma International Airport have been at the table, there was also a local representative from the marine side, and the City of Kent 's John Hawkins was involved in the initial process ♦ ESF 8 is Health and Medical Services Seattle/King County Public Health is regional so there is already a regional ESF in the local King County Emergency Management Plan There were changes made after September 11 th last year to make sure that bio terrorism related issues were addressed ♦ ESF 6 is Mass Care, which deals with sheltering and taking care of people ♦ ESF 2 is Communications —the how to in communicating with one another Public Safety Committee, 4/9/02 7 ♦ ESF 3 is Debris Management A lesson was learned from New York City with all the debris they had to deal with, and there is the possibility that a terrorism event could affect this area with the potential of having to deal with contaminated debris ♦ APPDX 2 is Public Information — making sure that all the citizens get a common message ♦ APPDX 6 is the training and expedition of the Regional Disaster Plan It is critical that everyone understands what the Plan is so it can subsequently be exercised when needed ♦ On top of the others are the Plans and Procedures from all the participating organizations All of the four zones feed their information into the King County EOC and that information is then fed into the state If federal resources are needed, the state handles it Some regional providers are also Included Puget Sound Energy has signed on, and AT&T and other representatives have been sitting at the table The Regional Disaster Plan is for major Incidences It may not necessarily be a regional disaster, but could be an intensive situation that depletes a jurisdiction's resources The affected organization would then request mutual aid Depending on the incident, fire resources from a nearby jurisdiction may not be available when needed because they could be taking care of their own people If no mutual aid resources were available, the Regional Disaster Plan would be used Resources in another area of the county or Seattle that may not be as affected could be pulled in to help the affected communities get back up and running The support requests are done through the King County EOC and through the coordination of the different zones, which operate by the incident command structure The Incident Command System is required in search and rescue efforts, HAZMAT, and fire mobilization If it's a multi jurisdictional incident, a unified command approach is taken Emergencies don't recognize jurisdictional boundaries and no one person is in control of the plan in any way When there are representatives from different jurisdictions, one person can't be saying something over another jurisdiction, so it's a unified command Unified command establishes one set of objectives so jurisdictions are working together rather than combating one another An Emergency Management Advisory Committee was formed to give advice and direction on issues that need to be addressed in regards to the Regional Disaster Plan (Kent Police Chief Ed Crawford serves as a Suburban Cities representative on the Committee ) The process began in October of 1998 through an initiative of the Regional Policy Committee which is made up of elected officials from the suburban cities A King County staff member's time has been dedicated to putting the Plan together, and the County has been facilitating the process for the multi representatives that are sitting at the table to develop the documents Public Safety Committee,4/9/02 8 Rico Yingling asked if the Plan addressed funding on the disaster level Laurel Nelson said when there is a declaration of disaster, federal funds may come down with a reimbursement of up to 75%, the local jurisdictions then may have to make up the excesses. Last year's earthquake was a prime example of the release of federal funds after the Governor sent the President a need for a declaration. The Omnibus Legal Agreement does follow through that if there is a federal declaration, the federal processes must be followed for reimbursement FEMA procedures are separate from the Plan but are mentioned in the document Julie Peterson moved to recommend that Council authorize the Mayor to sign the King County Regional Disaster Plan. The motion was seconded by Rico Yingling and passed 3-0. Police Operational Policy on Sex Predators Police Chief Ed Crawford said there has been a change in the Police operational policy on sexual predators There was recently a sexual predator in the community and the community wasn't notified, however, in the future, the community will always be notified of Level III and Level II sexual predators In the meantime, a protocol has been developed for registered sex offenders Chief Crawford handed out the protocol materials that would be issued to the police department regarding sex offenders and a copy of the sex offender information that would go on the City's web site He said there were three levels of Sex Offenders. I, II, and III, with one being the less severe, and the law allows the City and police discretion as to notification Julie Peterson went on record as saying she thought that Chief Crawford spoke very eloquently at the recent public meeting as he gave a very heartfelt apology to the community She said she appreciated what he said and how he said it Rico Yingling asked if there had been any negative incidents to the previous policy Chief Crawford said there hadn't been, and the reason the policy was being changed was because of community input The new protocol provides the police department a list of mechanics to follow when there is a registered sex offender in the City ie, "Public meetings will occur on all Level 111 offenders unless extenuating circumstances exist " RCW 98 44 135 gives the City direction as to what to do with registered sex offenders, and outside of that, the process is part of the protocol The Department did not have a previous protocol but followed the law, which gave the police discretion In response to Julie Peterson's question about the need for an ordinance, Chief Crawford said an ordinance would take away the discretion from the police chief provided in the law. He said the difficulty the state has had with the law is that there's been vigilantism in some neighborhoods and things happening to people that are sex offenders. Everyone has to be very careful in how the law is enacted 10 Public Safety Committee, 4/9/02 9 Police Mini Grant Chief Ed Crawford said a $500 mini grant was received from King County Community Services Division to promote the Domestic Violence Program safe houses. Julie Peterson moved to accept the Mini Grant in the amount of$500 from King County Community Services Division. The motion was seconded by Rico Yingling and passed 3-0. The meeting was adjourned at 6:25 PM Jackie Bicknell City Council Secretary PUBLIC WORKS COMMITTEE MINUTES APRIL 15, 2002 COMMITTEE MEMBERS PRESENT Chair Leona Orr, Rico Yingling STAFF PRESENT Don Wickstrom, Tom Brubaker, Alice Conrad, Gary Gill, Jackie Bicknell The meeting was called to order by Chair Leona Orr at 5 00 PM Committee Member Julie Peterson was absent and Ms Orr asked the Council Secretary to obtain Ms Peterson's concurrence for the action items Approval of Minutes of March 18. 2002 Committee Member Rico Yingling moved to approve the minutes of March 18, 2002 The motion was seconded by Leona Orr and passed 2-0 Street Vacation, SE 266th Street— Set Public Hearing Date Public Works Director Don Wickstrom said a valid petition was received to vacate a portion of SE 2661h Street In accordance with state law a public hearing must be held and staff is seeking action to set the public hearing on June 18th Rico Yingling moved to recommend to Council adoption of a resolution setting a public hearing date of June 181h for the street vacation located along Southeast 266th Street. The motion was seconded by Leona Orr and passed 2-0. Public Health Hazardous Waste Management Program D22059D — Amendment 7 Don Wickstrom said that an amendment to the agreement between Kent and the Health Department's Local Hazardous Waste Management Program would add $17,000 to that fund Kent would do two pickups, collecting batteries, anti freeze, petroleum-based products, and automobile tires Rico Yingling recommended authorization for the Mayor to sign Amendment #7, and direct staff to accept the funds of$17,350.84 and establish a budget for the same. The motion was seconded by Leona Orr and passed 2-0. 277th Street Corridor Fish Habitat — Accept as Complete Don Wickstrom said the contract to build the 277,nStreet Corridor fish habitat ran over the original bid of $193,160 and came in with a final cost of $338,819 61 As part of the 277th Corridor Project a fishway passage had to be built on a drainage canal that services the residential and farming community east of the Green River area and encompasses all of the county's parks and play-fields there The City bought wetlands from the property and enhanced the outlet that Public Works Corrmvttee,4/15/02 2 serviced the area to make it fish friendly The problem was that the bank of the drainage canal was made up of a very saturated material that wouldn't stabilize and that part had to be redesigned after construction was underway which resulted in the additional cost The overall project cost wasn't affected Rico Yingling recommended Council acceptance of the project as complete. The motion was seconded by Leona Orr and passed 2-0. Surplus Equipment — Radios Don Wickstrom said the list of obsolete portable and mobile radios was no longer needed and staff would like to declare them surplus and then donate them to the North Seattle Community College for use in its Radio Technician Training Program Rico Yingling recommended declaring the listed radios as surplus and donating them to North Seattle Community College. The motion was seconded by Leona Orr. In answer to Mr Yingling's question, Fleet Superintendent Alice Conrad said the radios were very old — of 20-30 year old technology She said radio technology moves so fast that about every three years radios become outdated The college will use the donated radios in school projects for basic transmission and receiving The motion then passed 2-0. LID 350 Big "K" Sanitary Sewer and Del Webb Sanitary Sewer Interceptor Project — Charge in Lieu of Assessment Don Wickstrom said as part of the LID 350 Big "K" Sanitary Sewer project, which was a retrofit of sewers into an existing neighborhood, a big interceptor had to be constructed which created a delay on the whole project The project is funded primarily by the LID assessments, however the City provided funding ($66,000) for eight (out of the 55 parcels in the LID) of the larger subdivideable pieces with the anticipation of a charge in lieu of assessment When those larger pieces divide, they will connect to the sewer system and the City will get reimbursed The same connection charge was used as for the LID and was disbursed over the area which means that as people connect, the City will collect $185,000 in total ($66,000 plus $119,000 in additional charges for more connections as the properties subdivide) Mr Wickstrom said it's a great deal for those properties as they don't have to pay until they develop or until the existing residents need sewer. Rico Yingling asked if the few homes in the area on their own systems would be required to connect to the sewer line Mr Wickstrom said that under City ordinance if a home is within 200 feet of the sewer, it could be required to connect, but it hasn't been the practice of the City to require the connection The Public Works Comnnttee,4/15/02 3 Health Department could require a property to connect if it's within 300 feet Kent has never forced an existing home to connect and those do, typically, if they have a problem with their septic system not functioning satisfactorily If a property is redeveloped or subdivided, it would be required to connect which would also require a permit and payment of the latecomer charges or charge in lieu of assessment The rate to connect would be $7,000 plus 24 cents a square foot of the total property If a property subdivides in the area of the LID and they have already paid the $7000 as part of their assessment, they would then lust have to pay the 24 cents per square foot reimbursement Rico Yingling recommended authorization for the Public Works Department to establish a charge in lieu of assessment for the affected properties as shown on the designated LID 350-Del Webb Interceptor Sewer map. The motion was seconded by Leona Orr and passed 2-0. The meeting adjourned at 5 17 PM Jackie Bicknell City Council Secretary CONTINUED COMMUNICATIONS A • EXECUTIVE SESSION A Contract Negotiations