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2008 - COFW Legslative Priorities (2008-002)CITY CLERKS OFFICE PERMANENT GS50-05A-04 City of Federal Way 2008-002 2008 Legislative Agenda As adopted by the Federal Way City Council November 20, 2007 .� Federal Way CITY OF FEDERAL WAY 2008 LEGISLATIVE AGENDA CITY COUNCIL Jack Dovey, Mayor Eric Faison, Deputy Mayor Jeanne Burbidge Dini Duclos Jim Ferrell Linda Kochmar Michael Park CITY ADMINISTRATION Neal Beets, City Manager Linda Farmer, Communications and Government Affairs Manager City of Federal Way 2008 Legislative Agenda About This Document The City of Federal Way's 2008 Legislative Agenda is organized as follows: State Legislative Issues (pages 4-13) The State Legislative Issues portion of the agenda reflects the City's position on matters expected to arise either as legislation or through the state budget process, or both. Each issue lists local government financing, tax/revenue, and transportation issues, with remaining issues categorized in alphabetical order. The 2008 Agenda helps note the City's level of involvement in an issue by listing it as: "Active" — meaning the City, as an individual entity, plans to actively involve itself in advocating for or against a given legislativeibudget provision; • "Support'— meaning the City has a great deal of interest in a given legislativeibudget provision, but is more likely to support an advocacy or opposition effort than to lead it; NOTE: Issues marked with an asterisk (*) indicate that Federal Way's position is consistent with, in support of, or in league with similar issues being worked on by the Association of Washington Cities. The AWC 2008 Legislative Agenda is listed on pages 14-16 for your convenience. Federal Legislative Issues (not included) The Federal Legislative Issues portion of this agenda reflects the City's position on issues that directly impact local government funding and capacity to provide general services, maintain adequate tax revenues, address transportation, deal with core services such as law enforcement and parks, and do its part on the critical issue of homeland defense. (Note: This section is being finalized as of 1.11.08.) Note: For more information on legislative and policy matters at the City of Federal Way, contact Linda Farmer, Communications and Government Affairs Manager, 253.835.2411. City of Federal Way 2008 Legislative enda STATE LEGISLATIVE ISSUES -- ACTIVE ITEMS Listed in subject -area priority. Assuming these items arise during the 2008 Session, Federal Way will actively involve itself in advocating for or against the following issues: Economic Development/Infrastructure/Tourism/Community Events Performing Arts Center For many years, there has been a strong citizen interest in Federal Way in a new performing arts center to serve the musical, cultural and artistic needs of a growing and vibrant community. During the 2007 Session of the Legislature, the City sought to insert language in a bill dealing with Public Facilities Districts, Engrossed House Bill 2388, that would have provided Federal Way with enough time to "commence construction" of a performing arts center and still qualify for a .033 percent state sales tax credit to help with financing construction and debt -service costs of such a facility. The Federal Way amendment language was taken out of EHB 2388 in the final days of the 2007 Session, with area legislators hearing that the City needed to present more feasibility information about a performing arts center before coming back with a PFD bill. The City Council commissioned a feasibility study in September 2007 and received a final report in January 2008 showing that a strong market exists for a combination performing arts and conference/meeting center. Federal Way will actively pursue a PFD financing tool during the 2008 Session, or other financing mechanisms if needed, to help assist with the costs of a new facility (likely to be $25 million or more). • New infrastructure funding for cities/local government* As a legislative Task Force on Local Infrastructure inventories the core infrastructure and economic development -related infrastructure needs of local governments, Federal Way has helped to spearhead an effort among large cities and the Association of Washington Cities (AWC) to show state lawmakers that one of the biggest gaps in the state's infrastructure system is funding. Good programs such as the Transportation Improvement Board (TIB), Public Works Trust Fund (PWTF), and Job Development Fund (JDF) are badly over -subscribed, with several times more applications than money available. In 2008, Federal Way will join an active effort by cities and others to look for new funding and other improvements in the state's programs for assisting with local infrastructure. Environmental/Cleanup Issues • Beach Management District tool and other funding for sea lettuce cleanup at Dumas Bay During the 2007 Session, Federal Way worked with area lawmakers to secure 2007-09 Operating Budget funds to help with the cleanup of odorous seaweed known as sea lettuce that has significantly impacted the Dumas Bay beach area in recent summers. A last-minute glitch in the 2007-09 Operating Budget bill resulted in a loss of earmarked funds for the sea lettuce cleanup, but the City and its legislators successfully worked with the Department of Ecology to secure programmed Ecology funding, combined with City funds, for short-term cleanup needs. To deal with longer -term issues, the City believes several steps are needed: 1) enabling legislation to authorize cities and counties to form "Beach Management Districts" for cleanup needs, much as Lake Management Districts can be formed now; 2) funding to look at the kinds of implementation, permitting and technical issues that must accompany any sea lettuce cleanup; and 3) potentially additional 2008 Supplemental Budget funds for the current Dumas Bay sea lettuce cleanup. In 2008, Federal Way will actively pursue the Beach Management District enabling authority and other funding provisions and tools needed to help with the cleanup of sea lettuce at Dumas Bay and other bay areas around the Puget Sound. The City is also committed to working with the new Puget Sound Partnership agency to look at underlying, long-term causes related to the sea lettuce problem. GMA/Land-Use/Housing Affordable housing* As the cost of housing in our state — and especially in the Central Puget Sound — continues to soar, state legislators and stakeholder groups that work closely with the Legislature are becoming increasingly concerned. Groups of legislators, an AWC advisory group, a Prosperity Partnership committee, and the Low -Income Housing Alliance (LIHA) are just a few of the groups looking at items such as increasing Housing Trust Fund funding levels, market -driven tax incentives, and more. Federal Way will support new funding tools, creative local government approaches, and market -driven tax incentives to enhance the supply of affordable housing. The City does not believe that "buildable lands" land supply restrictions are the way to address affordable housing. Specifically, the City is prepared to support items such as increased funding for the Housing Trust Fund, rental assistance vouchers to aid homelessness prevention efforts, a state sales tax exemption for low-income housing construction, state tax credits for employer -assisted housing, and local government assistance such as targeted waivers of SEPA that can expedite construction of low-income or work force housing. Additionally, Federal Way is prepared to support legislation that would provide a tax incentive to preserve mobile- and manufactured -home communities — particularly with an estimated 1,116 manufactured homes within eight parks within the City. On the Housing Trust Fund front, the City wants to ensure that increases sought by LIRA and others are not so huge that they drown out core infrastructure funding efforts by cities. Home Rule/Local Control/Prevent Unfunded Mandates & Erosion of Local Tax Revenue No pre-emption of local authority; local control; prevent unfunded mandates; prevent adverse measures that remove or erode local tax authority or local revenue* As a wide-ranging staple of its 2008 Legislative Agenda, the City will emphasize the need for legislators to recognize local government "home rule" authority and local control. Additionally, as is customarily the case, the City urges lawmakers to refrain from imposing "unfunded mandates" that burden local governments with new requirements without providing funds to carry out those requirements. Finally, the City reminds lawmakers that local governments have 4 only the taxing authority and revenue authority established under state law, and asks that existing authorities be preserved and not undermined. Federal Way will urge legislators to refrain from legislation that would pre-empt local government authority, restrict the flexibility of local governments, impose new unfunded mandates, or remove existing authority and revenue sources. The Legislature is to be commended for its restraint in this area in 2007, particularly with regard to proposed Growth Management Act (GMA) bills that would have undermined local authority and control. Further, legislators said no to legislation that would have restricted local business license fee authority. Transportation Continuing state transportation needs* Federal Way urges state lawmakers to recognize that significant needs remain in terms of investing in the state transportation system, both road improvements and transit. The Nov. 6, 2007, rejection of the "Roads and Transit" Proposition 1 in Central Puget Sound means that road improvement projects such as the I-5/SR 18/SR 161 interchange are not fully funded and that most of the revenue for the I-5/SR 509 project still needs to be secured. Other road improvement needs remain, such as the new City Center Access project, work on Pacific Highway South, and the I-5/272"a Street interchange. In addition, to address commute congestion in and out of Federal Way, more transit options are needed. Federal Way is strongly encouraging state lawmakers to fund three light rail stations within city limits along the Sound Transit II corridor. Federal Way urges legislators to continue to look for ways to address critical congestion levels as well as to improve safety and function of the state's important transportation corridors, such as I-5/SR-18/SR-161 and I-5/SR-509. Additionally, as the Governor and state lawmakers look for 2008 Session methods by which to fmance the rebuild of the SR- 520 floating bridge, Federal Way urges legislators not to fund 520 in a way that undermines any of the existing 2003 "Nickel Package" and 2005 "Transportation Partnership Act" investments in projects in Federal Way and elsewhere around South King County and the region. Additionally, the City wants to ensure that the state maintains funding commitments for local and regional transit, Commute Trip Reduction, the Regional Mobility program, and other state -funded accounts that provide transportation alternatives for the citizens of Federal Way, South King County and the greater region. Citv of Federal Wav 2008 Le0siative Agenda STATE LEGISLATIVE. ISSUES — SUPPORT/OPPOSE ITEMS Listed in alphabetical order by subject area Assuming these items arise during the 2008 Session, Federal Way will join in efforts led by others on issues in the following areas: Criminal justice/courts/jails/law enforcement Tools for funding new jails* By the year 2012, given the likelihood that cost concerns and other matters will result in the termination of agreements with King County, it is estimated that Federal Way and other suburban cities throughout King County will need to find an estimated 1,400 to 1,500 jail beds for misdemeanor offenders. This likely will require several jail capital facilities, one of which a consortium of Federal Way, Tukwila, Des Moines, and Renton are currently exploring. Recognizing that the collective capital cost of new jail facilities for King County cities could be in the $150 to $200 million range, Federal Way may join with other jurisdictions in seeking jail funding tools from the 2008 Legislature. • Subject -matter jurisdiction for municipal courts* During the past few sessions of the Legislature, Federal Way and other cities have dealt with legislative provisions that would have required all Municipal Courts to take on new Anti - Harassment Order (AHO) and Domestic Violence Protection Order (DVPO) caseloads. It is currently at the discretion of judges to take on such cases. Federal Way's Municipal Court does not seek these cases out, because A) they already are handled through nearby District Court, so to do so would be duplicative; and B) these new cases means significant new court and staff costs. Federal Way will strongly oppose efforts to impose new caseloads on Municipal Courts without new funding to handle the extra caseload — a definite unfunded mandate upon cities that run Municipal Courts. Sex offender monitoring, sentencing, etc.* The recent and tragic events that unfolded with the Adhahn case in Tacoma have sparked a series of debates among state lawmakers over how much further the state should go in monitoring sex offenders, requiring them to wear GPS tracking devices, and more. A Governor's Task Force issued a recent report and recommendations that focus on additional Level 1 sex offender monitoring (and funding to do so), as well as additional GPS tracking devices and funding. The House Republican Caucus proposes to go further and has a package of eight bills it will bring forth in January 2008. The City of Federal Way is open to looking at new ways to monitor, track, sentence and restrict the movements of sex offenders who can be dangerous to communities and their most vulnerable children and adults. The City encourages legislators and the Governor's [e Office to look for bi-partisan solutions that do not put significant new unfunded costs or burdens on local government. Enhanced felony penalties for eluding a police officer while fleeing a crime scene* The Washington Association of Sheriffs and Police Chiefs (WASPC) and other stakeholders will bring legislation in 2008 to stiffen penalties for those who attempt to flee a crime scene and elude pursuing police officers/vehicles. While Federal Way has worked hard to adopt internal policies to minimize the number of police chases, the City is prepared to support 2008 legislation to further crack down on those eluding police. Expanded use of ignition interlock devices in DUI sentencing A Bellingham -area senator will be among several lawmakers pushing in 2008 to expand the use of ignition interlock devices as a sentencing tool for DUI. Federal Way is prepared to support legislation broadening the use of the ignition interlock tool, though the City will want to carefully examine, respond to, and comment on proposed bill language. Tools to seize or impound cars used by `Johns' in the commission of prostitution Kent and a number of other South King County jurisdictions are likely to ask the 2008 Legislature for seizure or impound tools to undercut the "Johns" that cater to an increasing number of prostitutes on South Pacific Highway. The City is prepared to support seizure or impound legislation that can assist Federal Way and other South King County jurisdictions. • ID theft The State Attorney General will be requesting 2008 legislation that requires police to take a complaint and file a report whenever ID theft is alleged. The AG's legislation is consistent with City policy and will not be anything Federal Way objects to. Gang intervention* A legislatively -formed and directed Gangs Task Force is currently meeting around the state, hearing from citizens and looking at providing new tools under state law to help communities such as Yakima and Sunnyside deal with increasing gang activity. The City is prepared to support 2008 legislation to address any gang issues that arise, particularly based on the fact that the Task Force is A) looking at additional local tools; and B) has anti -graffiti efforts on its to-do list. Economic Development/Infrastructure/Tourism Local Infrastructure Financing Tool (LIFT) Projects Last September, the state's Community Economic Revitalization Board (CERB) chose Federal Way as one of three recipients of competitive -grant monies under the LIFT program enacted by the Legislature in 2006 and modified by the 2007 Legislature. CERB selected Federal Way, Bothell and Everett to divide its $2.5 million in competitive funding. For Federal Way, the CERB selection means the City will be able to receive up to $1 million per year for 20 years for infrastructure work that fosters additional redevelopment and upgrading of the downtown core that is set to gain momentum with the "Symphony" downtown development project. While Federal Way is not asking the 2008 Legislature for anything in terms of LIFT, the City will inform its legislators of the legitimacy of job figures, revenue figures and other data from the City's application. (Cities that competed for but did not receive LIFT grant monies have expressed concerns to their local legislators). • Expediting construction cycle for Public Works Trust Fund low -interest loan projects* Separate from their pursuit of legislation to enhance funding for local infrastructure, the AWC and numerous cities will seek legislation that expedites the construction of low -interest loan projects selected by the Public Works Board. The legislative ratification of these Public Works Trust Fund projects sometimes results in a time delay that costs the projects a construction season, which ends up being a significant time -and -money loss. Federal Way will support legislative efforts to expedite the approval of low -interest loan projects selected by the PWB. Environmental/Cleanup Issues Climate change legislation* In 2008 on the heels of discussions by a Governor's Climate Change Task Force, the environmental group Future Wise likely will bring forward legislation that calls on local governments to incorporate climate change elements and measurements into their comprehensive plan updates and other GMA planning. Federal way understands the desire to see climate change provisions woven into the GMA and comprehensive planning processes, but will want to work with others to ensure this is not done in a way that imposes new costs or burdens on local governments. Placeholder -- Puget Sound Partnership The Puget Sound Partnership, a newly -formed state agency, is not expected to finalize its 2020 Action Agenda until Oct. 1, 2008. However, given that additional Puget Sound funding issues may arise, and with Federal Way City Council Member Jeanne Burbidge having been named to the Partnership's advisory -level Ecosystem Coordination Board, the City has this item on its 2008 Legislative Agenda for placeholder purposes. Fiscal Issues • Offender medical costs* The AWC, counties and numerous cities that operate jails will be active in 2008 in pressing the Legislature to find additional funding to address the soaring medical costs of housing offenders. While Federal Way does not operate a jail, the City may be part of a future consortium that does so, and will support efforts to better fund rising offender medical costs. • Levy -lid -lift authority for cities, counties, and special taxing districts* In 2003, lawmakers passed a measure that provided new revenue options for local governments to take to their voters, including a 6-year "levy lid lift" authority for cities and counties. The levy -lid -lift authority was expanded to special districts in 2007 through the passage of Engrossed Senate Bill 5498. Certain lawmakers, angered by comments and interpretations by n. the King County Assessor that 5498 bestows new permanent levy -lid -lift authority upon local governments, are determined to roll this authority back. Federal Way will join with other local governments in working to ensure that 6-year levy lid lift authority is not unduly or unnecessarily pared back in 2008. GMA, Annexation, Housing, Land -Use & Permitting Certainty for zoning restrictions involving mini -casino gambling establishments* During the past two sessions of the Legislature, lawmakers have come close to enacting measures that would freeze the overall number of mini -casino gambling establishments, while also grandfathering in past efforts by cities to condition or restriction the location of those establishments via zoning actions. Federal Way strongly supports such legislation and is prepared to support it again in 2008. Buildable lands* The hallways and hearing rooms of Olympia have hosted a several -years -running debate among realtors and cities/local government on the subject of buildable lands. Realtors have tended to bring proposals to legislators to require "no net loss" of buildable lands, and have asked local governments to perform new duties and measurements within their comp plans and Countywide Planning Policies — perhaps with an end -game objective of moving Urban Growth Area boundary lines. Local governments have pointed to buildable lands reports (including the most recent one) showing there is sufficient buildable land within current UGAs, and that individual cities such as Federal Way are doing their part to meet their targets. Federal Way will join AWC, other cities, counties, etc., in resisting buildable lands statutory changes that put new unfunded expectations or requirements on cities and other local governments. Best Available Science* The open-ended nature of just how Best Available Science is defined under GMA, and just who decides what BAS is, has sparked considerable debate in the State Legislature. Federal Way expects some cities and counties to again approach the Legislature in 2008, asking for increased flexibility to make BAS determinations at the local level. Environmental groups such as FutureWise likely will resist such attempts. Federal Way's planners do not see BAS as a major issue for the City, but the City is nonetheless supportive of additional flexibility for local government. Eminent Domain/Condemnation Issues* A barrelful of furor and emotions spilled into the Legislature a few years ago after the Kelo vs. New London decision by the U.S. Supreme Court affirmed broad eminent domain powers and authority for that Connecticut city. In the ensuing sessions, constitutional law experts such as Hugh Spitzer argued successfully that Washington is NOT a Kelo state and already has significant restrictions to prevent unfettered condemnation or "eminent domain" determinations by local jurisdictions. The Initiative 933 property -rights initiative fueled in part by the Kelo case was voted down, and in 2007 the Legislature addressed the notice part of this issue by passing a law requiring broad -based written notice before any condemnation activities could commence. Whether this issue arises in 2008 depends partly on the outcomes of discussions of an Attorney General's Task Force on Eminent Domain. Federal Way will closely watch the eminent domain/condemnation issue to see what unfolds in 2008. LEOFF/PERS/Personnel Issues LEOFF 2 Enhancement* Organizations representing police and firefighters will be approaching the 2008 Legislature, looking to establish a toehold in state statute that would allow for future enhancements in LEOFF 2 retirement system benefits, perhaps even including medical coverage that is not currently received. Federal Way stands to be potentially significantly impacted by LEOFF 2 benefit enhancement costs as they relate to police officers. Federal Way and other cities will work through AWC in attempting to hold the line on LEOFF 2 costs and employer rates that already have risen significantly in recent years. Family & Medical Leave* As the Legislature prepares to return in 2008, an interim Task Force is mulling over ideas and recommendations as to how to fund a new state Family Leave program enacted through the 2007 passage of Engrossed Second Substitute Senate Bill 5659. Federal Way will likely join other cities in working this issue primarily through AWC. The City believes it already has a very good leave plan for its employees and wants to ensure that a new state program does not result in significant new (unfunded) costs for local government. Local Government In General/Miscellaneous Requiring all Executive Sessions to be tape-recorded* The State Attorney General's Office already has announced that request legislation will be submitted to the 2008 Legislature in this issue area. While Federal Way is committed to an open communication and dialogue with the public it serves, the City is concerned that a blanket requirement to tape-record all Executive Sessions could significantly compromise sensitive discussions that deal with property costs, personnel matters and the like. The AG's legislation will enable the media and other organizations to request all tapes of executive sessions. Federal Way will join AWC and other local government groups in working on this issue and is not certain at all that legislation is needed. If the Legislature determines a bill is necessary, Federal Way will work with others on "fenceposts" and conditions that would become very important detail parts of any legislation. Protecting bid laws and local government authority in contracts, competitive bidding* Rarely does a session go by in Olympia without a group promoting legislation to make it more difficult for local governments to reject all bids, or to enforce on -time -payment claims with contractors, etc. Federal Way will join other local governments in working to protect local government authority in contracting and bidding laws in 2008. • Public records requests/Public Disclosure* Whether the Legislature takes up public disclosure and public records matters in 2008 will depend in part on the progress of a new "Sunshine Committee" that is looking at public 10 disclosure exemptions currently on the books and which, if any, to repeal. The committee is still in the very early stages of its work. Federal Way will closely monitor public records and public disclosure issues. While the overwhelming majority of public records requests make sense, are legitimate, and can be easily responded to, the City wants to ensure that additional public records and copying burdens are not imposed on local governments which are sometimes victimized by "harassment" requests. Parks & Recreation Increased flexibility in use of "REET" and Conservation Futures funds* The Washington Recreation and Parks Association, which represents the interests of Parks Directors, is likely to promote 2008 legislation to authorize a local -option discretion for cities and counties to use up to 25 percent of their first- and second-quarter Real Estate Excise Tax (REET) monies for parks maintenance and operations needs. Additionally, the WRPA likely will pursue additional Conservation Futures taxing authority for counties. Federal Way is supportive of the REET local -option tool provided it leaves discretion in the hands of local city and county councils. The City also supports additional Conservation Futures authority for counties. Stormwater Placeholder — NPDES Phase II requirements* Federal Way and numerous other cities and counties that are expected to significantly upgrade their stormwater programs as part of the NPDES Phase II permit issued by the Department of Ecology have challenged certain components of the DOE permit. With the potential for settlement discussions to occur, the Legislative Agenda contains a placeholder for this issue, in the event any agreed -upon legislative remedies emerge from settlement discussions. Telecommunications Oppose statewide franchising authority* In 2007, Qwest approached the Washington State Legislature seeking legislative assistance with a statewide franchise for cable and video services. Had the legislation succeeded, it would have pre-empted local franchising authority that guides cable service in Federal Way and other markets all around the state. Qwest and others that have been stymied in their efforts to win federal changes may again approach Olympia in 2008. The 2008 effort may also seek to undermine local utility tax authority, making it even more dangerous to local interests. Federal Way will join the AWC and other cities in strongly opposing attempts to undercut local utility tax and franchising authority. Transportation • Regional Transportation Governance* The failure of the "Roads and Transit" Proposition 1 ballot measure last November has stimulated discussion in Olympia as to "who is in charge" of transportation in the region and whether a whole new governance model and entity needs to be formed. 11 Federal Way is prepared to join other local governments, the PSRC, Sound Transit, etc., in preaching caution when it comes to any radical governance overhauls in the Central Puget Sound. Water -Sewer Districts • Resist changes in "assumption" laws* As a staple of its Legislative Agenda, Federal Way has resisted attempts by a statewide water - sewer district association to weaken current state laws governing how a city can "assume" a water or sewer district and the process by which that needs to occur. Federal Way believes the current Lakehaven Utility District Management is doing a good job of running its system, and the City has no imminent plans to look at assumption, but, nonetheless, wants to preserve its future options and not see assumption law weakened. 12 Note: The Legislative Priorities of the Association of Washington Cities is provided here at the request of the 2007 Federal Way City Council. AWC 2008 Legislative Priorities MAJOR PRIORITIES • I-747: Advance legislation that establishes a cap tied to the Implicit Price Deflator or 1 %, whichever is greater. ■ Annexation and City/County Governance Transition: Advocate for changes to annexation statutes that will better facilitate annexations, and explore legislative ideas to encourage cities and counties to better coordinate boundary, finance and governance transition issues. • Infrastructure Funding — Increase Existing Grant and Loan Programs: Seek increased funding for infrastructure and economic development programs. • LEOFF 1 Medical and Long -Term Care Costs: Seek legislation that provides financial assistance for cities in paying for these liabilities. • Community Economic Revitalization Board (CERB) and Job Development Fund: Seek permanent funding for the CERB and the Job Development Fund. • Gang Task Force Recommendations: AWC will support local option tools and funding for use by cities. OTHER PRIORITIES • REET: Seek legislation that provides greater flexibility for REET by expanding the uses of the second quarter REET to match the first quarter. • Housing Affordability: Seek passage of legislation addressing housing affordability through infrastructure funding and new fiscal incentives; oppose new mandates or pre-emptive zoning legislation; oppose elimination of impact fee authorities unless replaced with something that provides equal or more revenue. • Local Solutions to Climate Change: Support proposals that provide cities with additional flexible tools to continue creating sustainable communities; engage in discussions about the most effective means to meet Greenhouse Gas Emission goals established in 2007; oppose new unfunded mandates and "one size fits all" solutions to sustainability challenges, and; provide outreach and education to cities • Mitigating Medical Costs for Offenders: Seek passage of legislation to remove the 2-year sunset provision in Sec. 66 of SSB 5930; expand the uses of the extraordinary criminal justice account to include extraordinary medical costs for offenders; support individual city proposals to provide additional funds for offender medical costs. • Increase Local Funding Options for Public Safety: Seek passage of legislation providing additional local funding options for public safety purposes, including jail construction. • Financial Assistance for Cities and Towns with an Insufficient Tax Base: Explore options to expand financial assistance as opportunities are presented. 13 • Municipal Phase II Stormwater Permit: Oppose new conditions that exceed Federal minimum standards, advocate for funding assistance to help cities implement the permit, and consider legal/legislative remedies. • Public Health Financing: Pursue legislation that increases funding for local health jurisdictions (LHJs) while working to ensure cities are not mandated to fund LHJs. • Puget Sound Clean -Up: Stay actively engaged in development of the Puget Sound Partnership's ACTION AGENDA and advance proposals that help restore and protect the Sound while preserving local land use authority and spending priorities. • Local Infrastructure Finance Tool (LIFT): Continue to message to legislature to expand LIFT, increase eligibility, and make technical corrections to this authority. • Alternative Public Works Legislation: Pursue modifications to Design -Build authority; repeal $1 OM floor and broaden definition. • Filling a Vacancy in the Office of Mayor: Pursue legislation to clarify that incumbent councilmembers in mayor -council cities are eligible to be appointed to fill a vacancy in the office of mayor without first having to resign their council seat. • Balancing Environmental Protection, Economic Development and Protection of Property Rights: Continue to support efforts to provide greater deference to cities to determine how best to balance protection of property rights, local environmental resources and economic development, including potential clarification on how to find, consider and apply Best Available Science. Also engage is consideration of city eminent domain authorities to help insure appropriate existing community redevelopment tools are maintained. • Land Use/Gambling: Defend cities' ability to fully ban gambling and seek legislation that provides cities the ability to zone or partially ban gambling facilities. • Outdoor Burning in Small Cities/Towns: Seek relief for cities under 5,000 in population from the January 1, 2007 deadline banning residential burning. • Expedite Grant and Loan Programs: Pursue/support legislation to accelerate the approval of proposed PWB project lists. • Bid Limit Flexibility: Pursue legislation to increase current city bid limits and provide additional flexibility. ENDORSE • Citizens Initiative Review: Support creation of a Citizens Initiative Review panel of random citizens to review statewide initiatives and issue reports on their findings, for inclusion in voters' pamphlets. • Sex Offenders: Vigorously resist any mandates unless sufficient funding is available; endorse expansion of monitoring tools; support services to victims; review sentencing enhancements • Liability for Fire Department Standards: Clarify the statute to grant immunity to cities if response time goals are not met, or pass legislation similar to HB 2881 (introduced in 2004). • Public Disclosure of Victims' Records: Support legislation exempting records of sexual assault on a child from public disclosure. • Civil Penalty for Malicious Mischief • Limiting Liability for Local Government • Enhanced Penalties for Eluding Police • Courts of Limited Jurisdiction Work Group Recommendations • Administrative Warrants Authority • Creating a DUI Surcharge and Ignition Interlock Requirement 14 • Increasing Penalties for Assault of a Code Enforcement Officer • The VA to Include Mental Health and Chemical Dependency in Their Medical Center • Establishing Mandatory Minimums for DUI with Children in the Car • Jail Booking Fees: Support proposal to create a due process procedure so cities can continue to collect jail booking fees. • Victims Records Availability: Reaffirm the authority of local agencies to protect from disclosure sensitive criminal investigation records concerning sexual assault crimes. • Elimination of Election Dates: Endorse a solution that local governments could generally support STORNGLY DEFEND AGAINST • Telecommunications and Statewide Franchise Agreements: Defeat legislation that eliminates authority of local governments to issue franchise agreements. • Taping of Executive Sessions: Defeat legislation to require local governments to tape executive sessions. ■ Pole Attachment Fees: Defend against any effort to implement a state pole attachment rate process. ■ Requiring All Judges to Be Elected: Oppose efforts to require that all municipal court judges, regardless of the number of hours they work, be elected. .• Expanding Subject Matter Jurisdiction in Municipal Courts • Changing the Requirements for, and Expanding Liabilities and Recoveries Under, a Wrongful Injury or Death Cause of Action • Mandating that Cities Must Allow Tent Cities • Commissioning Tribal Law Enforcement • No Additional Diversion from the Public Works Trust Fund: Support more funding for infrastructure and economic development, not the redirecting of existing funds. • Reject All Bids Legislation: Oppose legislation that erodes cities' ability to reject all contracting bids. • Contracting Claims Legislation: Oppose legislative that erodes cities' ability to receive notice and manage contracts. ■ Authority of Cities to Assume Water -Sewer Districts: Defend against efforts to eliminate the authority of cities to assume water -sewer districts. • LEOFF 2 Benefit Enhancements: Oppose costly LEOFF 2 benefit enhancements. • Municipal Business and Occupation Tax — AWC strongly opposes any further changes to the municipal B&O statutes that would reduce local authority regarding the implementation of this tax or result in additional revenue loss to cities. 15