HomeMy WebLinkAboutCity Council Meeting - Council Workshop - Agenda - 03/06/2001 KEN T
\� WAS HI NGTON COUNCIL WORKSHOP
March 6, 2001
The Council Workshop will be held in Chambers East in Kent City Hall at 5:00 PM
on Tuesday, March 6, 2001.
Council Members: President Leona Orr, Sandy Amodt, Tom Brotherton,
Tim Clark, Connie Epperly, Judy Woods, Rico Yingling
Speaker Time
1. Water Supply— Summer Forecast Mike Martin 40 min.
Don Wickstrom
Brad Lake
2. Legislative Update Dena Laurent 20 min.
The Council Workshop meets each month on the first and third Tuesdays at 5:OOPM in
Chambers East unless otherwise noted. For agenda information please call Jackie
Bicknell at (253) 856-5712.
ANY PERSON REQUIRING A DISABILITY ACCOMMODATION SHOULD
CONTACT THE CITY CLERK'S OFFICE AT (253) 856-5725 IN ADVANCE.
FOR TDD RELAY SERVICE, CALL THE WASHINGTON
�"" TELECOMMUNICATIONS RELAY SERVICE AT 1-800-833-6388.
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COMMUNITY DEVELOPMENT
Mike H. Martin, Deputy Chief Administrative Officer
PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
�® Phone:253-856-5500
® K E Hd T Fax: 253-856-6500
WASHINGTON
Address: 220 Fourth Avenue S.
Kent,WA 98032-5895
Date: February 21, 2001
To: Pub i orks Committee
From: Don Wickstrom, P.E., Public Works Director
Subject: Water Supply Projections
As you might have thought ever since the City declared its intent to pursue a habitat
`.._ conservation plan (HCP) and the respective incidental take permit for our Clark
Springs water supply facility, we have been wondering what the affects thereof will be
on our water supply delivery capabilities. As we got into this issue it became
apparent that ESA is only one factor. Of more significance is the impact of this dry
winter we are presently experiencing. At Clark Springs which lies 15 miles east of the
City and provides 60% of our total water supply capability the average annual rain
fall thereat as reflected in the attached table is roughly 60 inches. To date we have
had 17.06 inches which is 54.2% of the average amount of rain fall for the same
monthly period. As a result the flows in Rock Creek as it passes through our property
have been low around 4 to 5 cfs when normally they would be 20 cfs or more.
Further because of our fish related concerns therein that 4 to 5 cfs is the result of our
supplementing the stream flow with Ito 2 cfs from our Clark. Springs source. We
have however as of recent, quit supplementing Rock Creek based on the
recommendation of our biologist regarding the adequacy of the flows for fish. This
supplementing however has resulted in us having to utilize our other sources such as
East Hill Well and Armstrong Springs when we would normally have let them rest
and get recharged for next summers demand season.
At Kent Springs which is located 13 miles east of the City and is our other major
source we are presently running the wells where normally at this time we would be
�"' running off of our gravity flow infiltration gallery system thereat. This is unusual and
is directly attributed to the lack of rain. Presently we have only seen a 5 foot rise in
�... the aquifer water table where for this time of year a 12 to 15 foot rise would be
normal. To further aggravate the problem we have lost about 54% of the capability
(600 gpm or 0.85 mgd) at one of our wells at our 212`' St source. While we have
been working to determine the cause of this problem we have just concluded that it
steins from plugged packing around the screens of the well itself. Apparently this is
not an unusual problem when dealing with artesian wells and the only solution is to
drill a replacement well.
With all these issues affecting our water supply capability I asked our Water
Superintendent to prepare his view of what our supply availability (reliable) would be
for this coming Summer demand season. As reflected in his attached memo the
picture is not pretty. First of all even though last Summer's peak demand was only
14.5mgd our projections denote we could see up to 16.5 - 17.5 mgd this Summer.
Naturally it will be a function of the weather. If we have a long hot dry Summer the
demand will be high. As noted in the Superintendent's memo because of the existing
situation out of our 8 existing sources we believe we will reliably have only 12.92 mgd
of supply available. This means we have a potential short fall of 3.58 to 4.58mgd.
To cover this short fall we do have emergency interties with our surrounding
neighbors (City of Renton, City of Tukwila, Highline Water District, City of Auburn
and Water District #111); however, having interties is one thing getting the water to
flow is another. The agreements with Renton and Highline WD are the most current
and to date Renton has confirmed (letter attached) that they can provide up to 3.5
mgd. In fact we have already put that intertie into service. We did so with the intent
to relax the use of our oven sources to facilitate the respective recharge of their
aquifers. Per Highline WD physically we could get up to 1.54 mgd and per Tukwila
we could get 1.5 to 2 mgd. These purveyors however get their water from Seattle and
as such before water could flow, an agreement with Seattle would most likely be
required. Further they are also members of the Cascade Water Alliance so joining the
Alliance would also be a requirement.
These are sticky issues which could involve conditions and or terms which may not be
to our long term interest. Particularly when were just looking at a short term
temporary water supply gap issue. While we will pursue same Auburn, Tacoma,
Lakehaven Utility District and Soos Creek Water and Sewer District have all
expressed a willingness to provide us with emergency water. Since agreements with
these purveyors would be less cumbersome we will pursue them first. The challenge
will be, however, how to physically get the water into our system since no interties
presently exist except for Auburn which has limited capacity (0.42 mgd) and will get
torn out with the construction of Auburn's 277`' Corridor project. One slim possible
saving grace is that if this winter drought continues than both Seattle and Tacoma
14— could also be faced with water supply shortages too. During the early `90s when they
did experience drought conditions the publicity surrounding same was enough to
curve our peals Summer demand by 30 percent even though we weren't experiencing
any supply problems nor pursued no public conservation effort.
Besides pursuing water from other purveyors we are also pursing the installation of a
replacement well at Kent Springs (Drilling contract awarded at Feb 5th Council
meeting) and one at our 212`h St source. If we're successful with these replacement
wells they could add another 1.3 mgd to our available supply. Further we have been
approached by a property owner who has an existing well with a water right for
approximately 0.76mgd that is worth exploring for possible use. Knowing the issues
involved its potential use would more likely be available per the 2003 versus the
2001 season. Further on the demand side we will be advising all City departments
that we have gone to condition "yellow" on the status condition of our water system
(copy attached defines conditions) and we plan to start notifying our customers on a
regular basis of our water situation status and asking them to practice conservation
now and into the summer.
Lastly, we may also need to involve Ordinance # 2227 (copy attached) which
essentially grants the Public Works Director police powers with respect to water uses.
While these actions may get us through this summer what about next summer? The
answer is that we are pursuing the implementation of Tacoma's Second Supply
�. project (SSP). With its implementation we would ultimately secure 7.4 mgd of
peaking Summer water. Said project is anticipated to be fully implemented by 2005.
In the interim Covington Water District and the City are proceeding with early
implementation of the easterly segment of the pipe line (10 miles) portion of this
supply project. Such early implementation could be on line by the July of 2002. By
wheeling water through Covington's water system to our Kent Springs facility we
could have up to 5 mgd of additional water available to us for the 2002 Summer
demand season. Under this interim solution we would be buying water from
Tacoma until the Second Supply Project was sufficiently in place to allow diversion
of water under its water right permit. To do all this excluding the cost associated
with the SSP, like anything else costs money. The following table reflects our
estimate of same.
Water Purchases $325,000
Kent Springs Replacement Well $225,000
212`h St Replacement Well $350,000
New Well Source $400,000
Ift.-
Total $1,300,000
The good is no new funding is needed at this time. This is because funds within the
2001 Water Operating budget and the Water Capital Improvement budget already
exist to cover these expenses. In the 2001 Water Operating budget we included
$125,000 for water purchase. We simply plan to over run this line item if necessary
and make adjustments later in the year if required. We could have a wet Summer
and end up not having to purchase any or as much water as we presently anticipate.
For the Kent Springs Replacement Well we budgeted a combined total of $340,000
over 98 and 99 budget years to both develop an additional off site well and to
reconstruct the infiltration gallery thereat. The off site well project was dropped due
to the unlikelyhood of receiving the necessary permits. Our replacement well is on
site and therefore falls within legal definition of a replacement well and as such a
DOE permit is not required.
The infiltration gallery work is yet to be started simply because of workload. We feel
the monies therein may be adequate to accomplish both. For the 212"' St
replacement well we have about $400,000 remaining in our Additional Water Source
Development fund which was originally budgeted to develop our O'Brien well, install
a replacement/recharge well at our Seven Oaks well facility and explore an intertie
with Lakehaven Utility District. The O'Brien Well is operational however more work
is required thereat. The Seven Oaks replacement well is on hold because the 212`'
replacement well is higher priority as it would provide greater yield plus the fact that
Seven Oaks well is much more complicated because it would be used both as means
of recharging the aquifer and withdrawing therefrom. With respect to the new well
source, as I indicated earlier its doubtful that it could be available for this coming
season and as such could be budgeted for in the 2002 budget cycle. While we will be
pursuing same due to its location our choice would be to get its water right
transferred to wells that we have in our impoundment site. In 1993 we did some
water supply exploration on our site for which since that time we have had a pending
water right application for 1200 gpm (1.71 mgd) thereon. If we could get the water
transferred along with a change to an existing right we already have on the site we
could develop a 1 mgd source thereon. Further we have adequate funds within the
Impoundment project fund to develop same.
As we explore the possibility of this new source we propose to fund that effort from
the impoundment project fund. With respect to implementation of Ordinance
#2227 we propose to wait under the latter part of March to review are status and
then make a decision thereon.
0301 nip
Date: January 19,2001
To: Don Wickstrom, Public Works Director
- From: Brad Lake, Water Superintendent
Re: 2001 Summer Water Projections
This is our first effort at projecting the water supply for this coming summer given the conditions
we are presently under. As you know,we still do not have any streamflow from the upper
sections of Rock Creek.Normally in winter we have 20 plus CFS flow from the upper section.
Also, our well levels at Kent Springs are slowly rising-from a low of 3 feet over suction to the
present level of 6 feet(well 1)and 8.7 feet(well 2).Normal well levels are in the 15 to 18 foot(or
higher)range, and I believe that we normally start seeing the beginning of gravity flows at 12 or
14 feet over suction on the wells.
We continue to pump at East Hill Well and Armstrong Springs because of low flow from Clark
Springs, depleting water normally reserved for summer.
We are estimating a reliable yield of 12.92 MGD if nothing improves beyond what we are seeing
right now. Although we had a peak demand of 14.5 last year,we could easily hit 16.5 to 17.5 if
the summer is hot and dry, so a shortfall of 3.5 to 4.5 is anticipated. I have not obtained a reliable
long range forecast so I am uncertain what to expect at this time.We believe that it is probable
that we will not have to augment at Rock Creek, so we should pick up 1 MGD. The next most
likely supply is from Renton, estimated at a reliable 2.5 MGD supply. They are not expecting any
problems and should be able to supply water starting now until September.If we use Renton
occasionally now,we would reduce the risk that East Hill Well and Armstrong Springs will be
over pumped before this summer arrives, although they may not fully recharge to normal levels
due to previous pumping and the dry winter. The next most probable yields are from Garrison and
212ffi well 2 redevelopment,although there is some uncertainty with both of them. Expected yield
may be up to .7 MGD.
12.92 Reliable Yield estimated-Kent System
1.0 No augmentation at Clark Springs
2.5 Renton Intertie
.7 Redevelopment of 212t'and Garrison
17.12 Probable Supply
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Precipitation data used to generate the following tables was obtained by Water
Department Personnel at the Clark Springs rain guage. The first table reflects the data in
a calendar year format. From the years 1997-1999 the average annual precipitation was
approximately 59.58 inches. Precipitation for the year 2000 was approximately 67.5
percent of the average. A 2000 precipitation difference of approximately 20 inches.
The second table presents the same precipitation data over the fall/winter aquifer recharge
period.
Month 1997 1998 1999 2000
January 9.19 7.72 7.33 4.03
February 4.75 3.24 5.61 5.79
March 8.36 6.08 8.5 4.76
April 5.76 1.81 3.2 3.38
May 2.56 3.42 3.23 4.6
June 4.94 2.81 4.17 2.73
July 3.4 0.53 2.16 0.45
August 1.41 0.49 1.42 0.59
September 3.23 0.76 0.27 2.14
October 8.51 3.33 3.59 5.25
November 4.19 12.39 13.14 4.11
December 3.95 16.62 6.66 2.41
- Total 60.25 59.20 59.28 40.24
Annual Three Year (1997, 1998, & 1999) Precipitation Average= 59.58
Percent of 101% 99.4% 99.5% 67.5%
Annual
Average
Month 1996-1997 1997-1998 1998-1999 1999-2000 2000-2001
September 2.09 3.23 0.76 0.27 2.14
October 6.93 8.51 3.33 3.59 5.25
November 4.92 4.19 12.39 13.14 4.11
December 6.99 3.95 16.62 6.66 2.41
January 9.19 7.72 7.33 4.03 3.15
February 4.75 3.24 5.61 5.79 -
March 8.36 6.08 8.5 4.76 -
April 5.76 1.81 3.2 3.38 -
Total 30.12 27.6 40.43 27.69 17.06
September-
January
September to January (1996-2000) Precipitation Average=31.46
Percent of 95.7% 87.7% 128.5% 88% 54.2%
Average
Total from January 1 -23 Only.
7.12.460 Kent City Code
7.12.460 Interpretation. Chapter 7.13
A franchisee shall comply with all pertinent
rules, regulations and requirements of the FCC, or WATER SHORTAGE
any other federal or state body or agency having EMERGENCY REGULATIONS*
jurisdiction in regard to cable television systems.
(Ord. No. 3107, § 2, 5-4-93) Sections:
7.13.010 Purpose.
7.12.470 Effect on prior franchises. 7.13.020 Intent.
Nothing contained in this chapter shall abridge, 7.13.030 Definitions.
impair,alter,modify or in any way affect any right, 7.13.040 Application.
privilege or immunity of either a franchisee or the 7.13.050 Mandatory regulations.
city conferred by or arising under any cable fran- 7.13.060 Large water users.
chise granted prior to and remaining in effect on 7.13.070 Site design review.
the effective date of the ordinance; provided, that 7.13.080 Director may prohibit irrigation.
the acceptance of a franchise granted under this 7.13.090 Fines and penalties.
chapter for any cable service area shall be deemed 7.13.100 Enforcement.
to constitute the surrender by a franchisee of the
right to operate a cable television system in that *Cross reference(s)—Department of public works,ch.2.28;
water,ch.7.02.
cable service area under any prior franchise.
(Ord. No. 3107, § 2, 5-4-93) State law reference(s)—Water shortage,RCW 43.83B.400 et
seq.; water use efficiency and conservation programs and
7.12.480 Incorporation by reference into practices,RCW 90.54.180.
each franchise.
The Cable Communications Ordinance shall be 7.13.010 Purpose.
incorporated in its entirety by reference into and A. The provisions of this chapter shall be in full
become a part of each and every cable television force and effect only upon adoption by the city
franchise granted by the city. council of the declaration that a water emergency
(Ord. No. 3107, § 2, 5-4-93) condition prevails.
B. The provisions of this chapter shall be of no
further force or effect after October 15 or any year
in which a water shortage emergency is declared or
when the city council may extend the effective date
of the chapter in any year by adopting a resolution
to that effect.
(Ord. No. 2227, § 10. Formerly Code 1986,
§ 9.24.40)
7.13.020 Intent.
If the city council has and does declare that a
water shortage emergency condition prevails in the
area served by the city water division due to a lack
of supply and transmission capabilities, this chap-
ter is intended to allocate equitably the water avail-
able to the city water division during such
emergency to the end that sufficient water will be
available for human consumption, sanitation and
fire protection.
(Ord. No. 2227, § 1. Formerly Code 1986,
§ 9.24.04)
7-70
Kent City Code 7.13.090
7.13.030 Definitions. one hundred thirty-three thousand six hundred
For the purpose of this chapter, the following ninety (133,690) cubic feet per month, hereinafter
terms, phrases, words, and their derivations shall called "large water users", shall irrigate, sprinkle,
have the meaning given in this section: or water any shrubbery,trees, lawns,grass,ground
Customer shall mean any person using water covers, plants, vines, gardens, vegetables, flowers
supplied by the city. or any other vegetation except on days assigned in
Director shall mean the director of public works each week during which this chapter is in effect.
of the city. The days shall be assigned by the director after
East side of Kent is all that portion of the city consultation with the individual large water users.
east of SR 167. (Ord. No. 2227, § 5. Formerly Code 1986,
Water shall mean water from the water division § 9.24.20)
of the city public works department.
West side of Kent shall mean all that portion of 7.13.070 Site design review.
the city west of SR 167. While this chapter is in effect, no planting or
(Ord. No. 2227, § 2. Formerly Code 1986, landscaping required by the site design review pro-
§ 9.24.08) cess or other city action shall be implemented
unless the city determines that the health, safety or
Cross reference(s) — Definitions and rules of construction welfare of the public might be endangered.
generally,§ 1.01.030. (Ord. No. 2227, § 6. Formerly Code 1986,
7.13.040 Application. § 9.24.24)
The provisions of this chapter shall apply to all 7.13.080 Director may prohibit irrigation.
customers using water both in and outside the city, Whenever the director determines that the water
regardless of whether any customer using water available to the city's water utility division is insuf-
shall have a contract for water service with the city. ficient to permit any irrigation, watering or sprin-
(Ord. No. 2227, § 3. Formerly Code 1986, kling and that all water then available should be
,_ § 9.24.12) used solely for human consumption, sanitation and
7.13.050 Mandatory regulations. fire protection, he may order and direct that irriga-
From and after the fifteenth day of May in each tion, watering, or sprinkling shall not be permitted
year in which this chapter is effective,no person or by any person or customer. While such order is in
customer shall sprinkle, water or irrigate any effect, no person or customer shall irrigate, sprin-
shrubbery, trees, lawns, grass, ground covers, kle or water any shrubbery, trees, lawns, grass,
plants, vines, gardens, vegetables, flowers or any ground covers, plants, vines, gardens, vegetables,
other vegetation or wash any sidewalk, driveway, flowers or any other vegetation.Violations shall be
porch or other outdoor surfaces except as follows: punished as provided in KCC 7.13.090. The direc-
t. Such irrigation, sprinkling, watering and for shall use every available means to advise cus-
washing shall be permitted on the west side of the tomers that such order is in effect.
city on even-numbered days of the calendar. (Ord. No. 2227, § 7. Formerly Code 1986,§ 9.24.28)
2. Such irrigation, sprinkling, watering and
washing shall be permitted on the east side of the 7.13.090 Fines and penalties.
city on odd-numbered days of the calendar. Except as otherwise provided in this chapter,
(Ord. No. 2227, § 4. Formerly Code 1986, violations of any provision of this chapter shall be
§ 9.24.16) punishable as follows:
7.13.060 Large water users.
The requirements of KCC 7.13.050 to the con- violation within a twelve
trary notwithstanding, no person or customer (12)month period Classification Fine
whose historic monthly average water use for the 1. First violation Warning None
period from May 15 through August 31 exceeds 2. Second violation Infraction $10.00
7-71
7.13.100 Kent City Code
Violation within a twelve
(12)month period Classification Fine
3. Third violation within a Infraction 25.00
twelve-month period
4. Fourth and subsequent Infraction 50.00
violations
Each day any violation of this chapter is com-
mitted or permitted to continue shall constitute a
separate offense and shall be punishable as such
hereunder.
(Ord. No. 2227, § 8. Formerly Code 1986,
§ 9.24.32)
7.13.100 Enforcement.
A. Each police officer of the city shall, in con-
nection with his duties imposed by law, diligently
enforce the provisions of this chapter.
B. The director and all employees of the city
water utility division,public works department and
fire department are authorized to enforce the provi-
sions of this chapter including the power to issue
written notice to appear.
(Ord. No. 2227, § 9. Formerly Code 1986,
§ 9.24.36)
7-72
1
REPORT-- WEEK 8 OF SESSION
Doug Levy—3/5/01
EARTHQUAKE NOTE: Wednesday's 6.8 quake did considerable damage to the Capitol Building and
John L. O'Brien House Building in particular—and as the Legislature gets ready to resume today(March
5), the Capitol Building will remain closed at least 1-2 weeks. The John L. O'Brien House Building will
reopen on Tuesday. The Senate moved its deadline for action on policy bills to 5 p.m. today(March 5) and
both the House and Senate have a 5 p.m. Thursday deadline for action on fiscal and transportation-related
bills. The O'Brien and the Senate's John A. Cherberg Building will have to be used for floor action as
well, so it is going to be a bit of a fishbowl down in Olympia these next two weeks. The Legislature may
well work through the upcoming weekend, as 1 understand it, so that an original deadline of having all bills
clear their House of origin by March 14 would still be met.
• Status of Kent bills,ensuring plans for tracking during NLC: While I am at the National
League of Cities(NLC)March 9-13,there will be a significant amount of floor action on bills of
interest and impact to Kent. I will be tracking the floor schedule until my departure on the early
morning of March 9,and I will coordinate with AWC staff to see that contacts are made on bills
where we have strong support/opposition. Kent bills on which I plan to make some prior
arrangements are SB 5260,HB 1419,and HB 1243. 5260/1419 are our DWI ignition interlock
companion bills,while HB 1243 ensures that a driver's refusal to take a blood record for`driving
while drugged' stops can be admissible in court as evidence. I will be working with Sen. Steve
Johnson to ensure SB 5260 can proceed out of Rules and onto the Senate Floor, and Rep. Chris
Hurst,our prime sponsor on both HB 1419 and 1243,sits on House Rules. One other bill on our
legislative agenda is SB 5120,which provides local-option misdemeanor arrest authority to cities
and towns for certain open container alcohol violations. That bill is in Senate Rules and I will
work to ensure it can proceed to the Senate Floor,where I will coordinate with the office of Sen.
Jeri Costa, D-38(prime sponsor on the legislation). Finally,SB 6061, Sen. Julia Patterson's bill
to make Fire Pension Board meetings quarterly instead of monthly(what I jokingly called the 'why
have meetings when you don't have to Act of 2001')easily moved out of Senate Ways&Means
and to the Rules Committee. I'll work to make arrangements on that measure as well.
• Municipal Water Rights on hold—but so is a DOE rule-making: Last week the House
Agriculture&Ecology Co-Chair,Kelli Linville,was unable to move any municipal water rights
legislation out of her Committee. Also,with the Governor's Office,through his lead negotiator
Jim Waldo,consistently saying municipal water rights/'growing communities' measures need to
wait a year, it looks very unlikely that meaningful action will occur on this issue in 2001. On the
positive side,however,the Governor's Office has instructed the Department of Ecology to hold in
abeyance the water rights rule-making it had planned to embark upon. The key,however,will be
to ensure that DOE also avoids any restrictive interpretations of water rights in its reviews of water
system plans and the like while the rule-making is on hold.
• 695 Backfill: We are trying to send the message in Olympia that larger cities such as Kent should
not be left out of the mix when a budget-challenged Legislature determines whether it needs to
make cutbacks to the 2001-03 budget package presented by the Governor, in which he
recommended maintaining the ongoing backfill in total. Additionally,the AWC is being asked to
provide House and Senate leadership and fiscal committee chairs with some feedback on what
potential taxing/revenue source might be useful to cities in the 2003-05 biennium and beyond,
since the chances of the `backfill' lasting beyond 2001-03 are becoming more remote. Any
particular ideas are welcomed in terms of what new taxing authority/new tax-revenue sources
might make the most sense for cities.
• Design-build: The earthquake delayed a session of the Senate State/Local Government
Committee at which Committee Chair Sen. Patterson,D-33,was going to pass out an amended
version of SB 5060. We expect that to occur today(March 5). SB 5060 still will contain language
provisions to both extend and expand the current authority and eligibility for jurisdictions to use
design-build and General Contractor/Construction Management(GC/CM)on $10 million+public
works projects. Cities 70,000 and over would be eligible.
`... • Transportation: Two newfangled ideas on regional transportation governance and consolidation
of transportation agencies are emanating from Sen. Mary Margaret Haugen, D-Camano Island,
Chair of Senate Transportation. We'll have to watch both closely and will have some concerns
with both, I believe. The first is Sen. Haugen's spin on what a"region"could look like and act
like for transportation needs—premised on the use of Capital Facilities Districts that can be as
small as school district boundaries or legislative district boundaries in size(that's good—offers
flexibility). Unfortunately,the proposal,Proposed Substitute Senate Bill 5756(PSSB 5756)still
has a County Legislative Authority governing body,something we do not support.On the good
side,the bill does specify several new regional revenue/taxing sources,does allow regions to use
design-build for their projects, and does envision the state coming up with matching dollars on
major corridor investments within a region. On the not-so-good side,the bill also has 60%voter
approval requirements,the aforementioned county governing body,and an initiation process that
starts with counties(though it requires every city/town to agree before something could be
forwarded to the ballot). We can expect more regional governance proposals to come—and
Wednesday, Sen. Ken Jacobsen,D-Seattle,suggested to myself and others that we try and devise
our own legislative proposal and preferences. Meanwhile,we have just received a copy of a Sen.
Haugen proposal on consolidating the boards of the Transportation Improvement Board(TIB),
Freight Mobility Stratetic Investment Board(FMSIB), and Transportation Commission,while still
retaining all their granting authority,funding authority,and bonding authority,albeit leaving the
WSDOT Highways and Local Programs division to administer that. I will be awaiting some
specific thoughts,concerns,perspectives,etc.to this proposal,which will be heard as PSSB 5755
soon after the Legislature resumes. Tim LaPorte of Public Works has weighed in with a concern
that we not`fix' something that is not broken—a very good point. However,the question of how
we broach this issue politically still needs more careful thought, I believe.
• "Buildable Lands" legislation—HB 2056/SB 6070: I previously reported that the House Local
Government Committee, following a divided and contentious hearing on this issue,was not likely
to advance HB 2056. Last Monday,there was a Senate hearing on SB 6070,with Dave Williams
of AWC,a representative of Issaquah,and Rob Odle of King County testifying in opposition. The
Issaquah representative noted that his City already is due to spend$500,000 on updating its
shorelines plan, incorporating best available science into its GMA and critical areas plans, and
doing other plan updates already required by the Legislature. Translation: Don't give us more to
do. Rob Odle estimated the provisions of SB 6070 could add$100,000 a year in costs and
requirements for a typical city. A 19-page proposed striking amendment—which I faxed to City
Hall Thursday evening--has since been prepared by Sen. Patterson. It appears to be a marked
improvement to the initial draft of SB 6070,with less onerous economic development and housing
elements,and a plugged-in extension of time for updates to GMA comprehensive plans that we
like(this is the language from SB 58411HB 1588 that we signed in support oJ). I will wait for
specific thoughts from City Hall before determining what Kent's position is on the legislation,
which would become SSB 6070.
• Tax/Fiscal Legislation: It was reported at a meeting of city/county lobbyists that there have been
at least 75 different bills introduced this session seeking state and local property or sales tax
exemptions that would negatively impact local government. At this point,fortunately, it does not
appear that many of these bills have much of a chance,due partly to the significant budget crunch
in which the state finds itself.
• Economic Development: On Wednesday morning,pre-earthquake,the Senate Economic
Development Committee passed the Senate version of the Governor's economic development
package—SB 5636. It is the companion to HB 1518,which passed House Trade and Economic
Development last week and now awaits a hearing in House Finance. The Governor's bill
earmarks up to$6 million in state sales taxes over the biennium,with economic development
projects eligible for a maximum$500,000 per project.
• Drug Seizure legislation—SB 5935/HB 1995: The Senate Judiciary Committee passed a
substitute language of SB 5935,but it is little better than the original version of the bill which
would restrict police drug seizures to post-conviction only and require most revenues collected to
`..- be spent on drug treatment. However,the House version of the measure,HB 1995,has `died' for
lack of meeting the cutoff deadline.
• SB 5703: Some city building officials have weighed in with concerns on this legislation,which
would transfer the burden of inspecting mobile homes for repairs and alterations from the State
Department of Labor&Industries down to local governments. SB 5703 had not yet cleared the
Senate Labor&Commerce Committee as of the original Wednesday,February 28 cutoff date(and
that committee had held all of its meetings pre-earthquake)and so may be `dead.' I'll check
further when the Legislature resumes.
• HB 1881 —employee reference checks: We signed in support of HB 1881,which provides
liability immunity to employers for giving out reference information on former or prospective
employees. At a hearing last week,panels of business and public agency representatives(Jim
Justin of AWC,City of Bellevue,King County)said that current law,and the fear of lawsuits,
restricts them to playing it safe and only giving out`Name,Rank, Serial Number,"type
information,which,among other things,precludes them from saying good things about good
employees. The employer immunity in HB 1881 would only go away if there was `clear and
convincing evidence' that the employer did not act in good faith in passing on the information.
One House Judiciary Committee member,Rep.Mary Lou Dickerson(D-Seattle),had
unsuccessfully proposed a lesser standard of evidence—"preponderance of the evidence." HB
1881 received a Do Pass action by the House Judiciary Committee and is now in House Rules.
• 120-day permit processing timeline—HB 1458: With local government interests and building
interests at an impasse over language in HB 1458,the House Local Government Committee
passed a"title only"version of the legislation in which the bill has no language provisions at this
time. The Co-Chairs,Rep. Hans Dunshee, D-Snohomish, and Rep. Joyce Mulliken, R-Ephrata,
expect negotiations among the parties to continue. We are resistant to re-enactment of statutory
language that would require local governments to process land-use and building permits within
120 days without the liability waiver that used to exist in statute when the measure was in place
from 1995 to 2000. Rep. Fred Jarrett,R-Mercer Island,a former city councilmember,proposed a
compromise under which local governments report on their progress and timeliness in processing
permit requests. Interestingly, in the `politics makes strange bedfellows' department: While Rep.
Dunshee is resistant to the bill and a Republican(Jarrett)has joined him in that resistance, a
Democratic member who used to serve on a City Council(Rep.Jeanne Edwards,D-Bothell) is
pushing for the legislation along with Rep. Mulliken.
• Pipeline safety legislation—SSB 5182/SHB 1452: This is another case in which a bill moves
forward without resolution—but is advanced so that negotiations can continue. SSB 5182/SHB
1452 establishes a fee-based program of pipeline inspections and monitoring,to be administered
by the Washington Utilities and Transportation Commission. Pipeline operators are complaining
the fee program is marked by a fee system that is unduly burdensome and out-of-whack with other
states. The WUTC and most cities,as well as the AWC,believe the fee program is fair and is
barely adequate as it is. SHB 1452 was moved to House Rules to allow negotiations to continue.
• Executive Session Legislation—HB 1384/SB 5655: The House State Government Committee
passed the amended version of HB 1384—one which we described in last week's report. The
amended 1384/5655 says that executive sessions on legal matters cannot be held solely because an
attorney is present and that executive session matters related to litigation must involve"Litigation
that has been specifically threatened,""Litigation that the agency reasonably believes may be
commenced,"or"Litigation or legal risks of a proposed action"are involved. The previous
legislation had much stricter limits on the calling of an executive session for pending litigation and
required that minutes(which could later be subject to discovery)be kept of any such sessions.
L
Draft
REGIONAL GOVERNANCE—KEY ITEMS FOR CITIES
• Allow cities to self-determine formation of a `region'
• Initiation should be joint and collaborative
• Cities should have to fully agree before governance goes forward
• Cities part of governing body—equal voice
• Flexible definition of a `region' —should not have to be county or multi-county
• Funding—menu of items
• Voter approval—simple majority, not 60%
• State corridors— state should not offload its responsibilities onto regions. Must be
shared funding of major corridors, not `region only'. At the very least, these
should be 50-50 arrangements
• Perhaps look at two kinds of regions— 1 for the big mega projects, 1 for all other
regionally significant corridors