HomeMy WebLinkAbout3576RESOLUTIONNO. 3576
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, ADOPTING THE 2003 LEGISLATIVE AGENDA AND
REQUESTING THE MAYOR OF THE CITY OF AUBURN TO TRANSMIT
SAID AGENDA TO MEMBERS OF THE WASHINGTON STATE
LEGISLATURE
WHEREAS, the City of Auburn maintains a responsibility to ensure the health, safety and
well-being of the citizens and businesses in the city; and
WHEREAS, matters which come before the Washington State Legislature may have a
direct or indirect impact on the city's residents and businesses; and
WHEREAS, the Mayor and City Council are dedicated to preserving the City's revenue
stream, resisting unfimded mandates, enhancing funding for transportation needs, and
maintaining local authority in such areas as land use, City rights-of-way, and public safety,
among others; and
WHEREAS, these issues of concern, and numerous others which may be considered by
the Washington State Legislature during the 2003 legislative session, should be examined by the
City and their final form reflect, in so far as is reasonably possible, the City's perspective and
needs;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
resolves that:
Resolution No. 3576
February 11, 2003
Page 1
Section 1. The 2003 City of Auburn Legislative Agenda, a copy of which is attached
hereto, denominated as Exhibit "A" and made a part hereof as though set forth in full herein, is
hereby adopted by the City Council of the City of Auburn, Washington.
Section 2. The Mayor is hereby authorized to transmit said Lcgislative Agenda to
members of the Washington State Legislature for their consideration.
DATED and SIGNED this 18h day of February, 2003.
CITY ~ URN
Peter B. Lewis
MAYOR
ATTEST:
D~'~tle E. Daskam,
City Clerk
City Attorney
Resolution No. 3576
February 11, 2003
Page 2
CITY OF AUBURN
2003 STATE LEGISLATIVE AGENDA
Transportation
Legislation that will ensure development and maintenance of adequate or needed
transportation systems is essential to preservation of a reasonable quality of life and the
economic well-being of the State and local jurisdictions. The City supports an increase in
existing and future non-regressive revenues to cities, counties, and the Transportation
Improvement Board to help meet local needs for both improvements and preservation.
ESSB 6140 created the Regional Transportation Investment District (RTID), which is
proving to be a challenge in the aftermath of the failure of Referendum #51. The
legislation provides no provision of funding for districts to perform project formulation,
planning and preliminary engineering to develop reliable scopes of work, yet it assumes
that districts will somehow determine reliable costs of projects that have no certain scope
of work. This defect in the process is a significant one because it places an unfunded
mandate on local governments to finance project formulation with local funds, which
normally would be spent on local street improvements rather than planning for regional
highway improvements.
A city the size of Auburn, with a population of 45,000 and over 150 miles of streets to
maintain, should be spending about $2 to 3 million dollars annually on street preservation.
Auburn receives about $640,000 in motor vehicle fuel tax revenues from the State and
spends $2 million dollars just to pay for the Street Division to operate and maintain streets
at a basic level of service. Auburn's preservation budget has not exceeded $400,000 due to
lack of a consistent dedicated revenue stream to finance preservation. In summary, Auburn
is currently subsidizing the preservation of streets some $1.8 million over and above annual
revenues. Auburn supports a local Street Utility Tax dedicated to no other purpose than to
repair and rebuild our existing road system.
The City of Auburn is committed to the FAST partnership and will actively pursue, through
the State Legislature, the State's Freight Mobility Strategic Investment Board (FMSIB) and
the regional FAST Corridor program, funding necessary to improve the movement of rail
and track freight throughout the Central Puget Sound Corridor. Funding for the FAST
Corridor project to separate the at-grade crossing at "M" Street SE is essential to the
economic vitality of the Auburn community.
4. Auburn supports the concept of a single, regional (multi-county) transportation group that
has the authority and responsibility to resolve regional transportation issues. Such
resolution must respect local authority and must not be predicated upon use of local
maintenance and repair dollars. The City views the PSRC as this regional transportation
group.
Resolution No. 3576
Exhibit "A"
Page 1
The City requests the State's assistance in obtaining the designation of the City of Auburn
as a site for a future Amtrak passenger rail station location to serve the South King County
and North Pierce County area.
The City supports State Route 167 as a major state highway and treatment of this highway
as a corridor road. Further, the City supports improvements to SR 167, including an
additional general purpose lane on each side from I 405 to SR 512, the completion of the
HOV system on SR 167 from I 405 to SR 512, and the addition ora 'hot' or express lane
on SR 167 from 1 405 to SR 512. The City supports the completion of the SR 18 to SR 167
interchange as indicated by our recent support of this project in the RTID regional
priorities.
The Governor's proposal to combine TIB, CRAB and FMSIB should not occur unless a
reasonable transition plan is in place to assure the servicing of ongoing state and federal
grant administration.
The City requests State assistance in acquiring funding for an alternate or link road
connecting State Route 164 with SR 18 at the Green River Road junction. The emergency
headquarters of the City of Auburn, the site of the FAA facility that has 350 employees on
a 13~acre campus responsible for 300,000 square miles of airspace stretching from Canada
to Northern California and Western Montana, are now at risk. A major elementary and
high school campus located on the Auburn Adventist Academy property are now at risk,
and a new retirement community will also be at risk, as there is no mitigated solution by
WSDOT for emergency services access to SR 164 after June 2003.
Municipal Finance
The Legislature should ensure that no legislation enacted by that body either directly or
indirectly impose unfunded service or program mandates upon local government.
Protection against such action is required by Initiative 601 and should be respected by all
levels of government.
The initiative process should be modified to require that all initiative proposals tbr added
service include income to fund the service, and that initiatives that propose revenue
reductions also specify service reductions necessary as a result of the revenue that was
eliminated.
3. The City supports imposition of equitable sales and use taxes on all remote sales regardless
of the point of origin or sale.
4. The City opposes any legislative efforts to reduce or eliminate City revenue resources
without enacting offsetting reduction in State and Federal program and service
requirements. The City encourages the Legislature to provide alternative revenues to
Resolution No. 3576
Exhibit "A'
Page 2
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replace those lost either directly or indirectly through legislative actions or lack thereof.
The City opposes transfer of any financial or management responsibility to local
government for those programs or initiatives reduced as a result of passage of 1-695, 1-747
or other initiative or legislative action.
The City supports the inclusion of factors such as a city's ability to pay, local labor market
conditions, and internal equity with other employees in arbitrator's determinations as
required under PERC regulations, as well as inclusion of the Implicit Price Deflator as the
appropriate cost-of-living measure if such measure is retained to limit growth in
government.
The City opposes any effort to reduce the 2% set aside for provision of local services
contained in the State compact on Indian Gaming.
The City supports State funding of essential human and health services at appropriate
service levels since providing for the safety and essential health needs of its citizens is a
paramount responsibility of state and federal government.
The City supports State funding for public health needs, including mental health and health
in our environment, including the immediate need for dealing with a possible West Nile
Fever outbreak caused by untreated standing water.
The City continues to oppose implementation of"ergonomics regulation" as proposed by L
& I until scientific evidence to support the role of ergonomics in a safe workplace is made
clear.
The City supports extension of State funding necessary for the achievement of the goals of
the Growth Management Act.
The City of Auburn supports continuation of affordable energy rates for domestic and
business usage. The City also supports protection of state and municipal rights to impose
use taxes on all utility services whether the provider is located in or out of state.
The City supports a voted excess levy for multiple years for capital projects, program
expansion or operating purposes. The levee could be used for projects on a pay-as-you-go
basis and not be tied to one project, but be used to fund any project in the adopted capital
facilities plan. The excess levy could also be used to implement new programs or meet
operating needs to continue current service levels.
The City opposes imposition of any additional State-mandated caps on local gambling
taxes.
Local Authori ,ty/Safe .ty
Resolution No. 3576
Exhibit "A"
Page 3
The City continues to support unqualified local control over local rights-of-way and all
other public facilities, land use decisions and revenue streams related to
telecommunications, energy transmission, etc. activities within or directly impacting their
respective jurisdictions.
Cities should not be liable for acts of citizens on probation or pretrial supervision. The
State Supreme Court in Hertzog v. City of Seattle significantly extended the City's liability
in misdemeanor probation or pretrial release situations. The Court held that probation
officers and pretrial release counselors who have supervisory responsibilities and their
employment agencies have a duty to protect others from foreseeable harm resulting from
the dangerous propensity of probationers and pretrial releases under this supervision.
Legislation is needed to eliminate or reasonably control such liability.
The City supports efforts to protect the identities of public safety personnel by eliminating
public disclosure requirements for names and addresses, allowing private entities such as
credit agencies to withhold names and addresses without prior consent of the individual
and allowing such individuals to register personal vehicles at their places of employment.
The City of Auburn continues to support legislation that will ensure a safer environment
for cross-state pipeline operations that impact citizens and their communities. Citizens who
live, work or recreate near pipeline routes should be provided with the assurance that the
pipelines will be inspected and tested regularly and operated with the safety of the citizen
and community as a paramount concem.
The City opposes continuing imposition of increased training, response, and/or manning
requirements and standards for public safety personnel without appropriation of adequate
funding from state and federal sources to pay for increased obligations.
The City supports the Governor's Fire Protection Task Force, whose purpose is to increase
public safety by making Washington residents safe from life and property losses due to fire.
This is accomplished through promotion of incentives and recommendation of strategies
that encourage the use of fire protection equipment, built-in fire suppression systems,
education, and the court-authorized access to inspection of potentially dangerous structures.
State increases in mandatory criminal penalties that require extended jail time or legislation
that requires additional police, court, probationary or jail services, including rehabilitation,
juvenile diversion and involvement in courts of limited jurisdiction must be accompanied
by funding necessary to construct and operate facilities to accommodate such increases and
fund additional personnel and indirect costs necessary to carry out the requirements.
8. The City opposes legislation and/or other efforts to remove the authority of municipalities
to provide local law enforcement services regardless of the potential for service
contracting. The City would also oppose actions or legislation that would transfer
incarceration responsibilities and/or funding from the state or county to municipalities.
Resolution No. 3576
Exhibit "A"
Page 4
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The City would support efforts to allow police officers to enforce the State's laws
anywhere within the state. This extension of powers would reduce the liability for cities
with officers who assist with incidents outside the city's borders. As it stands now,
jurisdictions must exchange letters giving consent to officers to enforce law outside of their
jurisdictions.
The City opposes any preemption of local legislative or regulatory authority over
regulation of rental housing or the siting of manufactured residential structures.
The City supports refinements to current domestic violence law necessary to afford
appropriate protection to victims, enable improved enforcement and support the effective
prosecution of domestic violence cases. Supportive services such as safe housing and
shelter and improved access to economic subsistence should be continued.
The City supports adoption of a certificate of merit procedure as a requirement to validate
negligence claims against government jurisdictions. The City also supports efforts to
exempt cities from joint and severable liability provisions and exemption of employees
from civil liability for their good faith disclosure of information regarding former or current
employees' job performance.
The City requests exemption of records that would reveal the strategy of a local
government regarding collective bargaining, legal defense or grievance procedures from
public disclosure.
The City supports legislative action related to tort reform to clarify that it should not be
mandatory that the defendant join all potential "at fault" entities in litigation or risk losing
the ability to apportion fault to the third party(s). Any move to the contrary would
inappropriately shift the burden of proof from the plaintiff to the defendant in proving fault.
The City supports legislation to reinstate administrative search warrants as a tool for use by
Fire Marshals.
The City opposes any proposal from the State or County to site further human service
facilities, including sexual predator housing, within the South King County or North Pierce
County area.
The City supports legislation to continue the inspection by WUTC employees of hazardous
materials transported by rail.
Social and Human Services
1. The City supports legislation that would maintain support for human service programs
including those that may be delegated to the State from the federal government. Such
Resolution No. 3576
Exhibit "A"
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legislative action should ensure proper funding support and appropriate local government
input into development of dispersal regulations or procedures.
The City supports efforts by the State to provide incentives to cities and school districts to
work collaboratively in addressing local youth issues.
Gambling, Liquor Control and Adult Entertainment
The City supports legislation to require the State Liquor Control Board to support a
community's ability to manage the expansion, creation or reestablishment of liquor retail
establishments when licensing such enterprises would contribute to crime or blighting
influences.
The City supports giving local governments the authority to regulate the siting of gambling
establishments and enact moratoriums on the acceptance of applications for gambling
establishments. The City also supports legislation allowing the State Gambling
Commission to limit the number of licenses it approves for a given geographic area.
The City supports authorizing local governments to minimize the negative secondary
impacts of adult establishments on their communities by adopting strict requirements for
location and hours of operation.
Water Resources
1. The City remains committed, with the Association of Washington Cities (AWC) and
Washington Water Utilities Council (WWUC), in supporting key principles to successful
new water resources legislation. These guidelines include: 1) preservation of flexibility
regarding the definition of "place of use" for water rights; 2) reasonable, locally sensitive,
and scientifically-based conditions on water use that do not hamper a utility's ability to
serve in its service area; 3) preservation of "perfected" and "inchoate" water rights for
water systems planning in accordance with GMA--the City needs at least a 50-year
timeframe allowed to perfect its inchoate rights without threat of loss; 4) application of
outcome-based conservation measures uniformly to all water resources, and not just to
domestic water purveyors; 5) funding assistance for new large infrastructure projects
required by Federal legislation (treatment facilities); storage projects, including Aquifer
Storage and Recharge (ASR) projects, to enhance in stream flows; and replacement of
aging infrastructure; 6) requiring fluoridation only on approval by the municipal governing
board or vote of users.
Resolution No. 3576
Exhibit "A"
Page 6
Environment
The State has taken a leadership role in developing strategies to save the region's salmon
runs and respond to the Endangered Species Act listing. The City of Auburn supports
these efforts and would like to be a part of the solution under the following conditions:
Reliable soumes of additional funding must be available to cities and other agencies
that participate in habitat restoration projects. Local funding is committed to
maintaining essential public health, safety and direct citizen services. State and federal
requirements to protect environment must be accompanied by funding necessary fbr
their implementation.
No community should be expected to bear the burden of ESA because of location,
geography or land use. No City should be asked to remedy the results of historic
practices or habitat destruction outside their jurisdictions.
In the State's plan the State assumes almost total responsibility for management of
issues related to harvest, Tribal concerns, dams and forest practices. Local government
is limited to input regarding habitat restoration through WRIA planning. Aggrieved
parties can file lawsuits against local government for perceived failures or violations of
ESA. It is possible that salmon restoration may fail or prove inadequate even if the
cities are able to optimize fish habitat within the geographical limits of their
jurisdictions. The State's process may permit cities to be sued for failure essentially
beyond local control. The State must assume liability for ESA issues arising from
harvest, Tribal concerns and practices and dam operations and forest practices. Failure
to do so could result in a breakdown of the State's ESA process and force each city and
county to confront the concern on its own.
The City requests the State work with local municipalities, King County and the Army
Corps of Engineers to restore Mill Creek and find solutions to the flooding of portion of
West Auburn near SR 167 at Main Street caused by incursions on the City of Auburn by
outside influents.
The City supports full funding for the Washington Wildlife and Recreation Program
(WWRP). The City of Auburn should support funding at the $55 million dollar level. In
2002 the legislature funded $45 million. Governor Locke's budget shows $30 million.
These funds are vital to our community, as money is needed for trails, a community center,
park improvements and acquisitions.
Provision of Affordable Housing
1. Basic housing is being priced out of the range of families of modest means. The State
needs to recognize that market fomes such as material, labor and land costs are for the
Resolution No. 3576
Exhibit "A"
Page 7
most part responsible for escalating home prices. Over the past decade, zoning ordinance
provisions that have resulted in some additional cost have been modified or deleted, and
time required to obtain required permits has been reduced. Permits and impact fees do
elevate home prices to a degree, but are still a small fraction of the total cost and do not
reflect full recovery of the indirect costs of development. Real progress in meeting the
housing needs of families can be accomplished only through commitment of substantial
State and Federal funding in addition to such programs as first time buyers, builder
incentives, loan guarantees and similar programs.
Land values and other fomes operating within the Puget Sound housing market are creating
large areas of low-income housing. The result of such practice is to permit segregation
based upon wealth or ability to pay. Credit should be given to communities that have
accepted low-income housing in the past, and every effort should be made to effect a more
representative distribution of future affordable housing stocks throughout the Puget Sound
region.
Legislation regarding affordable housing density requirements should be modified to
reflect changing lifestyles to include condominium zoning as a substitute for high-density
apartments.
The City of Auburn opposes efforts to reduce the twenty-year GMA housing targets into
more limited time intervals and punish cities not meeting targets. Additional reporting
requirements, if enacted, should be accompanied by requisite funding.
The City will oppose legislation that pre-empts local zoning authority by attempting to
mandate at the State level the inclusion of manufactured housing in single-family zones.
Such controls must be at the local level and left to individual communities that best
understand the community's needs and issues.
Growth Management Act
The City endorses the Growth Management Act (GMA) as an essential and responsible
planning tool. The Legislature should continue to monitor the efforts of local agencies and
address necessary refinements to the Act in an effective and timely manner. Such
refinements may include clarification of the role and responsibilities of the State in
developing policies and capital plans in conformance with adopted comprehensive plans,
assuring the adequacy of funding sources to provide adequate infrastructure, and providing
urban services, housing and employment opportunities within urban growth areas.
2. The City supports legislation preserving flexibility in meeting GMA requirements.
Growth Management Hearings Boards should defer to local decisions, policies and
processes implementing the goals of the GMA when these actions are otherwise consistent
with the GMA.
Resolution No. 3576
Exhibit "A"
Page 8
Thc City supports legislation that further defines, coordinates, simplifies and streamlines
land use decisions and permitting under the GMA as well as under the State Environmental
Policy Act and the Shorelines Management Act. Such legislation should balance the
benefits of statewide uniformity with the need for local communities to govern themselves.
The City supports the State Building Code Council's jurisdiction over building codes and
other State codes, and the Council's request for legislation adopting the International
Building Residential, Fire and Mechanical Codes in Washington, as approved by the
Governor.
The City supports continued efforts to integrate shoreline management planning into local
comprehensive plans and eliminate the requirement for separate shoreline master plans.
Separate State-level shoreline use permits should be eliminated in favor of permits issued
by cities in accordance with approved plans.
The City supports the participation of local governments in policy discussions relating to
restructuring of energy providing entities, protecting authority of municipal utilities and
other matters concerning possible deregulation of the electrical energy industry.
The City supports practical solutions to private property disputes that address specific
concerns of property owners, including regulatory reform if necessary. These solutions
should not alter the Constitutional definition of takings, place an undue financial burden on
taxpayers, or diminish local governments' ability to protect the public health, safety and
welfare of their communities.
Resolution No. 3576
Exhibit "A"
Page 9