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2009
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
Table of Contents
About the City's Legislative Agenda
Top Priorities
Support/Oppose Policy Positions
Appendix A: Washington's Infrastructure Crisis
Appendix B: AWC Legislative Priorities
X
X
X
X
Not included**
About the City of Federal Way 2009 Legislative Agenda
The City of Federal Way's 2009 Legislative Agenda reflects the City's position on
matters expected to arise either as legislation or through the State budget process, or both.
The City's level of involvement can be broken down into two categories:
Top Priorities. The City plans to actively involve itself in advocating for or against a
given legislativeibudget provision.
Support/Oppose Policy Positions. The City has chosen to join others in either
supporting or opposing these legislative/budget issues.
An asterisk (*) indicates that Federal Way's position is consistent with the Association of
Washington Cities.
For More Information
For more information about the City's 2009 Legislative Agenda, contact Linda Farmer,
APR, Communications and Government Affairs Manager, 253.835.2411 or
linda.farmer(t�cityoffederalwa .c�om.
**As obleadline, the AWC uad not finalized its 2009 Legislative Priorities. The packet Deleted: is stated to adopt it
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will be dish-ibuted at the Dec. 2 2008 City-Counctl nzeeti_nz {"oeleted: onNov. 21, Zoos
Top Priorities
1. Funding for Performing Arts Center
2. State assault statute change for look -alike guns
3. Funding for seaweed cleanup at Dumas Bay
4. Affordable housing
5. New infrastructure funding for local government
6. Continuing state transportation needs
1. Funding for a new Performing Arts Center
Federal Way is pursuing funding for a 700-seat Performing Arts Center that will drive
economic development in its downtown.
Background.• For nearly two decades, there has been a strong grass -roots interest in a new
performing arts center (PAC). In addition, the PAC is a cornerstone of the City's
downtown redevelopment strategy. A feasibility study showed that a 500-to-700-seat
performing arts center in the downtown - combined with conference and hotel facilities -
is viable and sustainable. Several sites are being evaluated and the grass -roots community
commissioned the Collins Group to complete a fundraising feasibility study that should
be complete in April 2009. Thanks to the leadership of its 30t' District legislators, the
State has already provided $500,000 toward pre -construction design of the PAC.
Session specifics: The City will actively pursue PAC funding on three fronts:
1. Ongoing funding distribution (preferably direct) from the King County Local
Financing Options Task Force recommendations.
2. Earmarked funding of up to $5M in the 2009-11 Capital Budget under
"Local/Community Projects"
3. Ensuring that a $325,000 funding recommendation through the Building for the
Arts program is held intact during budget deliberations.
2. Changing the State assault statute for look -alike guns
Federal Way is pursuing a change to state law4 joughen penalties for assault charges in tDeleted_that j
cases where a look -alike gun is used to threaten a police officer in criminal incidents. Deleted: allows a second-degree j
Background: In May 2008, a Federal Way officer in pursuit of a vehicle prowler saw the Deletes: police
suspect pull out a pistol, point it at the officer, and demand the officer stop chasing him.
The officer, fearing for his life, drew his pistol and fired two shots that missed the
suspect. AfterAie prowler was taken into custody, police discovered the "gull" WSS an Deleted: a standoff ensued and -
-......... —- =
air -soft pistol and not a real one. . he officer involved had no way of the
that. -i Deleted: Yet the
Deleted: in the chase
Session specifics: 30`h District legislators will sponso�the legislation= which has,support __...{ Deleted: be
` (— the Washington Association of Sheriffs and Police Chiefs (WASPC), the Del
eted: ing
Washington Association of Prosecuting Attorneys (WAPA), and the AWC. It will add
', (Deleted: the .
up to 1.2 months to third-degree assault charges in incidents where a look -alike gun is
f Deleted: and/or endorsement of
used to threaten a police officer(s). —
3. Funding for seaweed cleanup at Dumas Bay
Federal Way will actively pursue creation of a dedicated and reliable funding source for
beach and bay -area cleanups, as well as funding to address underlying causes of
excessive seaweed growth.
Background: During the 2008 Session, Federal Way successfully worked with area
lawmakers to secure passage of legislation that allows for creation of "Beach
Management Districts" (E2SHB 3186) to help finance beach and bay -area cleanups. In
Federal Way's case, the BMD would be used to help with cleanup of sea lettuce, a type
of seaweed, that periodically grows in an uncontrollable manner on Dumas Bay. The
seaweed blooms smother sea life, emit a noxious odor and may pose a human health
hazard. As part of the BMD legislation, specific funding for Dumas Bay cleanup efforts
were approved by the Legislature but vetoed by the Governor. Still, the City believes
progress has been made, particularly with an Ecology -led pilot cleanup of Dumas Bay in
late 2008.
Session Specifics: .Rep. Sharon Nelson, D 34t" District.. will be sponsoring legislation to __-----],Formatted: Superscript
ensure a reliable and ongoing funding source for sea lettuce cleanupand "root cause"
analvses.
4. Affordable housing*
Federal Way will actively work with the AWC and others to provide funding and tools to
address affordable housing.
Background: Affordable work force housing and readily -available low-income housing
continue to be major challenges in South King County and throughout the Central Puget
Sound. Federal Way actively worked on this issue in 2008 as well.
Session specifics:
• Secure a revised "Housing for Everyone Tool" that the City of Seattle and others
have worked on using a tax -increment financing approach to build housing in
combination with new infrastructure, retail, and mixed -use centers,
• Protect existing funding for the Housing Trust Fund in the Capital Budget
• Secure state tax credits for employers who provide assistance or vouchers to
employees for housing purchase and rentals,
• Continue Rapid Response loan and grant programs to keep mobile home parks
from being converted to other uses,
• Allow cities to waive SEPA requirements for low-income housing projects,
• Potential funding package for Transit -Oriented Development (TOD) projects that
accommodate housing,
• rotect,_f_uiclin fgr other assistance programs for housing such as tihe "THOR" -- Deleted: Pursue
program.
5. New infrastructure funding for local government*
Federal Way continues to be involved in an effort by cities, the AWC and others to look
for new funding and improvements in the state's programs for assisting with local
infrastructure.
Background: A "Washington's Infrastructure Crisis" brochure just published by AWC
(see Appendix B) documents the growing backlog of needs across roads and streets,
water, sewer, storm water, parks and open space, and provides a series of options to
address it. Additionally, in order to fulfill the goals of Puget Sound cleanup and
restoration, compact development in urban centers, Vehicle Miles Traveled reductions,
and climate change, the state will need to provide local jurisdictions with infrastructure
funding and funding tools.
Sec_sion S eci ics. A series of fimdinT/toc.7ls bills are expected to be Rursued.
6. 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 roads and transit.
Background: Voter approval of the 2008 "Mass Transit NOW" package will help extend
light rail south to Federal Way City limits (272nd Street) and will beef up regional bus and
commuter rail service, but much more remains to be done in terms of road improvements,
transit, and maintenance and operation of local systems. Looking ahead to 2009, Federal
Way recognizes that major deficits in the state transportation budget will preclude the
Legislature from adding new funding for state transportation projects.
Session specifics: Federal Way urges legislators to protect all current funding for
important transportation projects. The top priority among these is the 1-5!SR-18/SR-161
"Triangle" Interchan e,._a„project the City wants explicitly called out on all _,project lists at
the state level. Additionally. the City will look to protect fundint; and a place in the
queue for the I-5/SR-509 and,-5/272nd Street interchange projectsm-ther, the City will
support new local -option tools such as a "Street Utility" for local road needs and M&O,
as well as funding requests for transit and Commute Trip Reduction.
Support/Oppose Policy Positions
CRIMINAL JUSTICE
Protect criminal justice, law enforcement, and courts funding
SUPPORT. Federal Way will work closely with other local agencies, law enforcement organizations, and
courts organizations to protect operating budget funding for key criminal justice, law enforcement, and
courts priorities. These include municipal criminal justice, auto theft prevention, law enforcement academy
funding, and court interpreters.
Deleted: ,. especially the I-5/SR-18/SR-
161 "Triangle Interchange," as well as
Deleted: the
{ Deleted: Additionally
nsure funding is in place if the Legislature changes state law on how eropeM crimes are
_
Deleted: Increase the monetary
charged
_
threshold for which property
SUPPORT. Legislators may well charge state law regarding the monetary threshold that is used to
crimes are a misdemeanor vis-5-
dificrentiate a misdemeanor from a_feloty in propert�._criule cases. _Fhe currc11t threshold of $250 has not
_� _
vis felony
changed for many years. Federal Way understands the legislative desire to update the law, but will work
with AWC and others to ensure any shift in caseloads from the county level to cities is accompanied by
adequate funding to address the increased municipal prosecution and Municipal Court workloads
'Local -option authority to impound vehicles of those who solicit prostitutes
-. ----
Deleted: Federal Way strongly supports I
SUPPORT. The City of Kent is expected to bring forward 2009 legislation that provides police with a
likely AWC efforts to ensure that funding
local -option tool to impound vehicles used by customers of prostitutes, particularly under -aged prostitutes.
is part of the equation if cities and
municipal courts take increased caseloads
Extending 9-1-1 taxes to "Voice Over Internet Protocol" providers
as a result of this statutory change. ¶
¶
SUPPORT. Federal Way will support this legislation to be promoted by law enforcement and regional
dispatch providers.
Gangs Prevention Funding
SUPPORT. Federal Way4s VrM. aced to strongly support efforts to enhance funding for gangs intervention
_-- j Deleted: will support efforts
specifically any efforts to add funding for prevention.
Registered Sex Offenders
SUPPORT. If legislation arises in 2009 to require the Department of Corrections to more consciously
factor individual neighborhood over -concentration into its decision on released RSO address approvals,
Federal Way will support it.
Protecting privacy of rank -and -file police officers
SUPPORT. Federal Way will support legislation to better ensure this, if it is brought forth.
Funding for medical costs incurred by jail offenders
SUPPORT. Federal Way will support efforts by AWC and others to obtain state funding assistance.
Jury Pay
SUPPORT. If the District and Municipal Court Judges' Association brings forth 2009 legislation to
enhance jury pay, Federal Way will support it.
Requiring municipal courts to take on AHOs and DVPOs
OPPOSE. If legislation arises to turn this local -discretion authority into a requirement for Municipal
Courts, Federal Way will join others in opposing it.
ECONOMIC DEVELOPMENT & INFRASTRUCTURE
Infrastructure programs that support cities, feed economic development efforts
SUPPORT. As part of its active work in the infrastructure arena, Federal Way also will strongly support
funding and reauthorization efforts for the following:
• Municipal Stormwater
• Local Infrastructure Financing Tool (LIFT) program reauthorization and elimination of the one -
per -county limitation
• Brownfield cleanup funding
• Puget Sound Partnership cleanup/restoration "early action" projects
• Vehicle Miles Traveled reduction goals, compact development, Transit -Oriented Development,
etc.
FIRE PREVENTION AND EMERGENCY SERVICESMAZMAT
Impact fee authority for cities served by fire districts
NOT OPPOSE. Current state law allows most cities to charge GMA impact fees for fire service capital
facilities. However, that authority does not extend to some 39 cities served by fire districts. In 2008, the
Legislature attempted to remedy this with EIB 2110, which passed the House and advanced to Senate
Rules. Advocates of EIB 2110 will be bringing similar legislation forward in 2009, and Federal Way will
not oppose this effort.
FISCAL ISSUES
Unfunded mandates, legislation that erodes local authority, and/or legislation that erodes
local tax revenue
OPPOSE. This is an annual staple of the City's legislative agenda.
Countywide utility tax authority
OPPOSE. If King County or the Washington State Association of Counties promotes legislation to
establish countywide utility tax authority in state statute, Federal Way will join numerous other
municipalities and the AWC in opposing that. A countywide utility tax would result in a "double tax" on
city residents who already pay this tax. (Federal Way will remain neutral on proposals that involve new
utility tax authorityfor counties in unincorporated areas only.)
Clarifying authority for the state and cities to impose a brokered natural gas tax
SU PPORT. Federal Way will join the Department of Revenue, AWC, and other cities in supporting this
effort to clarify authority in the wake of a recent adverse State Supreme Court decision.
Protect Operating and Capital Budget funding for cities and local governments
KSUPPORT. While the state's Operating and Capital budgets do not impact cities and local governments as Deleted: !
directly as they do schools, Federal Way will nonetheless join with AWC and others in strongly supporting
efforts to hold intact funding for programs where the state partners up with cities and local governments.
This includes everything from Streamlined Sales Tax mitigation funding to shoreline update grants to
Model Toxics Control Act (MTCA) grants to the sales tax credit incentive for large-scale annexations.
Restrict business license authority
OPPOSE. The Washington State Retailers Association is expected to advance 2009 legislation to restrict
cities' authority to impose business license fees. Federal Way will join AWC and others in opposing this
local pre-emption effort.
Removing "non -supplanting" provisions in state statute
SUPPORT. Cities and counties may be teaming up in 2009 to recommend areas of state law where the
Legislature can give local governments more flexibility in expending funds, and thus remove restrictive
"non -supplanting" provisions in statute. Federal Way will support these efforts, provided they do not
involve changes in the way funds are expended from any voter -approved measures already on the books.
ENVIRONMENTAL ISSUES
Puget Sound Partnership, Climate Change, Green Building, etc.
SUPPORT. Federal Way is prepared to support initiatives for early -action funding, infrastructure funding,
and tax incentives involving environmental issues such as Puget Sound cleanup and restoration, compact
development and transit -oriented development in urban centers, "Green Building," and reduction of
Vehicle Miles Traveled (VMT).
Expand electronic wastes recycling statute
SUPPORT. Federal Way supports any effort to add things such as latex paint, pesticides and mercury
products to the list of those for which specific recycling requirements are imposed.
T.............. ...
GMA/HOUSING/ANNEXATION/LAND USE AND PERMITTING
SEPA,
SUPPORT. The City is supportive of any efforts to streamline duplicative processes between SEPA and
substantive building, subdivision, and other codes
Buildable lands
OPPOSE. In recent years, the Washington Association of Realtors has promoted legislation to require "no
net loss of density" for buildable lands within urban growth areas. The legislation typically requires local
governments to do more — more data collection, more measuring of the land supply in their countywide
planning policies — without more funding. If such legislation arises in 2009, Federal Way will join the
AWC, other cities, counties and others in opposing it.
Requiring consistent development standards in PAAs or UGAs
SUPPORT. The AWC may well promote legislation in 2009 to require that counties have development
standards in Potential Annexation Areas or Urban Growth Areas that are consistent with those in place for
neighboring cities. Absent the more direct legislation, a 2009 initiative may also require that counties
engage in a higher level of joint planning with respect to these areas. Federal Way will support either type
of legislative initiative.
Annexation Tools
SUPPORT. Federal Way will support the extension of the state sales tax credit mechanism in SSB 6686,
Laws of 2006, as well as other initiatives by AWC and local jurisdictions to expand and enhance
annexation tools for cities.
Making GMA update cycles more consistent with federal census updates
SI. PPORT. Current law requires that GMA comprehensive plans be updated at least once every seven
years. The updates are dependent on accurate population and census data — and yet census numbers are
updated only once every 10 years. Planning Directors, AWC, and others may advance 2009 legislation to
better "harmonize" the riming of these and other required updates. If such legislation is advanced, Federal
Way will be prepared to support it.
Local Zoning Control over Location of Mini -Casinos
SUPPORT. Federal Way will support legislation to explicitly clarify cities' authority to zone the location of
mini -casinos, to grandfather in mini -casinos brought into a city through annexation, and to grandfather in
existing zoning restrictions.
Urban Forestry
SUPPORT. There maybe 2009 legislation providing cities with funding incentives for enhanced urban
forestry.
Imposing development standards in areas outside city limits where municipal water and
sewer service is provided
SUPPORT. The City of Gig Harbor is likely to advance 2009 legislation to clarify this authority.
Deleted: ¶
{ Deleted: !!
Deleted: Federal Way will support
legislation in these areas and may
initiative draft language on the issue of
SEPA impacts to neighboring
jurisdictions.¶
HUMAN AND SOCIAL SERVICES
Full funding of 2-1-1 system
SUPPORT. Continued efforts to obtain state funds to help fully fund the new 2-1-1 emergency
communications system to help seniors, the disabled, and vulnerable populations within Washington State
access social services.
Public Health funding
St PPORT. Ensure a reliable and ongoing state revenue source for Public Health.
LEOFF/PERS/EMPLOYEE SERVICES ISSUES
LEOFF 2 enhancement
OPPOSE. If groups representing police and firefighters bring forward legislation that enhances LEOFF 2
system benefits and thus impacts cities' costs, Federal Way will join AWC in urging legislators to hold the
line on such benefit costs. Federal Way values its employees, but does have cost concerns regarding
LEOFF 2 enhancements on top of a series of LEOFF 2 and PERS rate increases that already have occurred
in recent years. Federal Way will work through AWC in this area.
"Presumptive Disease" for police
OPPOSE. Existing state law provides workers' compensation benefits for firefighters, and families of
firefighters, if their disease is presumed to have occurred as a result of the inherently dangerous conditions
they faced during their terms of employment. This is defined narrowly within state law. In 2009,
organizations representing rank -and -file police officers may bring forward a "presumptive disease"
legislative proposals. This presents cost impacts and concerns for Federal Way. The City will work through
AWC in this area.
MISCELLANEOUS GENERAL GOVERNMENT
Protecting bidding laws and contracting authority
OPPOSE. It is rare for a session in Olympia to go by without some group putting a bill in front of the
Legislature to add new requirements to bidding, or to make it more difficult to reject all bids, or to change
notice provisions and claim rules for contractors. Federal Way will join other local governments in working
to protect local government authority in contracting and bidding laws.
Requiring that all Executive Sessions be tape-recorded
OPPOSE. Key legislators are likely to re -introduce the required taping of local executive sessions — at least _
under certain conditions. ,Federal Way will oppose, but will work through AWC. ___ ......... { Formatted: Font: Italic
Permanent revenue stream for "4Culture"
S[PPORT. Assuming this recommendation is included in those advanced by a King County Local
Financing Options Task Force that worked over the interim, Federal Way will support legislation to ensure
a permanent, ongoing revenue stream for King County "4Culture."
Public records requests
OPPOSE. Over the last several years, the Legislature has wrestled with how broadly "attorney -client
privilege" can be cited in exempting local agencies from public records requests — along with considering
several other matters related to the Public Disclosure Act. 2009 is expected to be no different. An additional
wrinkle for 2009 is that some local agencies may request relief in terms of being able to recover the
mounting costs of -retrieving public records either by paper or electronically. Federal Way will work
through the AWC on this issue.
Expansion of wrongful death and injury claims
OPPOSE. Legislation to expand wrongful death and injury claims against local agencies and the private
sector narrowly failed in 2008, and is expected to be re -introduced in 2009. Federal Way will work through
the AWC on this issue.
.___._. . _ _____._._
PARKS AND RECREATION
Camp Kilworth
SUPPORT. Depending on the outcome of a pending court case challenging the Boy Scout Council of
America's sale of the Camp Kilworth property to the City, Federal Way may need to work with its 30`b
District legislators to re -appropriate 2007-09 Capital Budget funding toward this purchase.
Gender Equity Reporting Requirements
OPPOSE:. Federal Way will support efforts to ensure equity for all genders, races, and religions in the use
of local playing fields and in who may participate in local parks programs. However, the City will join
others in opposing costly "gender equity" measures modeled on the unsuccessful 2008 legislation.
TELECOMMUNICATIONS
Statewide franchise fee authority
OPPOSE. In 2007 and 2008, Qwest approached the Legislature, seeking enactment of a statewide
franchising structure 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 local markets around the
state. Qwest and possibly others will be back with this legislative proposal in 2009. If so, Federal Way will
join AWC in strongly opposing this attack on local control.
TRANSPORTATION/TRANSIT
Transit/CTR funding
SU PPORT. In 2009, transit agencies will recommend that the state be more of a partner in funding local
transit if it wishes to provide more viable alternatives to single -occupancy -vehicle modes of travel. Federal
Way supports enhanced state funding for transit, and for the successful Commute Trip Reduction (CTR)
program.
Permission for motorcycles to turn left at inoperable traffic signals
OPPOSE. Federal Way will join the Washington State Patrol, the AWC, and others in opposing this type of
legislation.
WATER /STORMWATER
Water -sewer district assumptions
OPPOSE, Federal Way joins AWC and other cities in opposing changes to state law that add hurdles to the
"assumption" of water -sewer districts by city water utilities. However, there may be a trade-off solution to
this perennially -debated topic, one which would subject "assumptions" to voter -approval requirements if,
in return, cities are provided new authority to impose a utility tax on water -sewer service provided inside
their corporate boundaries by water -sewer districts. An inequity exists now in that water or sewer service
provided by a city utility inside the corporate boundaries is currently subject to the utility tax, but water or
sewer service provided by a district inside the corporate boundaries is not. Federal Way will oppose efforts
to undermine cities' authority, and will track the trade-off discussion as it arises.
{ Deleted: