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2009 - COFW Legislative AgendaAOL CITY OF OPM i-ed&W �a ,b My 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 --- S------- - --= — 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: