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HomeMy WebLinkAbout3312 d RESOLIITION NO. 3 3 1 2 A RESOLUTION OF THE CZTY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ADOPTING TFiS 2001 LEGISLATIVE AGENDA AND REQUESTING THE MAYOR OF THE CIT1' OF AUBURN TO TRANSMIT SAID AGENDA TO MEMBERS OF THE WASHINGTON STATE LEGISLATURE. WHEREAS, the Gity of Auburn maintains a responsibility to ensure the health, safety and well-being of the citizena and �: businesaes in the CiEy; 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 uafunded. 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 coneern, and numeroua others which may be considered by the washington State Legislature during the 2001 legislative session, should be examined by the City and their final form reflect, in so far as is reasonably poasible, the City' s perspective and needs; NOW, THEREFORE, THE G3TY GOUNC3L OF THB CITY OF AUBURN, KING COUNTY, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, I HEREWITH RESOLVES THAT: Resolution No: 3312 December 28, 2000 Page i Section 1. The 2001 City o£ Auburn Legislative Agenda, a copy of which is attached hereto, denominated as Exhibit "A" and made a part hereof as though set for:th 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 Legislative Agenda to members of the Washington State Legislature for their consideratson. DATED and SIGNED this 2nd day of January, 2001 . CITY OF AIIBURN �� � .�o� CHARliES A. BOOTH ' MAYOR ATTEST: /�' Dan lle E. Daskam, City Cler-k APPROVED AS TO FORM: � Michael J. Reynolds, City Attorney ---------------------- Resolution No. 3312 December 28, 2000 Page 2 CITY OF AUBURN 2001 STATE LEGISLATIVE AGENDA Transportation 1. Legislation that will ensure development and maintenance of adeguate or needed transportation systeins is essendal to preservation of a reasonable quality of life and the econorriic well-being of the State and local jurisdicdons. Little Has lieen offered in long- term remediation of transpo;tation infrastructure concems; passage of I-695 effectively ;emoved the very limited, altho.ngh critical, support oftransportation improvements at the counry and local levels. The City supports an increase in eaqsting and futtue non- regressive reVenues to cities, counties, and the TransportaUon Improvement Boazd to help meet local needs. 2. State and federal requirements to protect the environment must be accompanied by funding necessary for their implementation. Transportation projects have bome a hea�y burden for environniental preservation and restoration. (Appmximately 30%of transportatibn funding is nowspent on environmental work.) 3, The City of Aubnrn will acdvely pnrsbe, through the State Legislature, the State's Freight Mo6ility" Strategic Investment Boazd (FMSIB) and the regional "FAST Corridor"progtam, funding necessary to improve the movement of rail and truck freight thtoughout,the Central Puget Sound Corridor.. Funding for the FAST Corridor projects to separate at-grade c;ossings at 3'd Street SW, 272°d and "M" Street SE will be vigorously pursued. Working with the Blue Ribbon Coniiiiission's support, the City supports bonding by the Transportation Improvement Boazd as a means to provide immediate funding. 4. Aubum supports the concept of singl.e regional (multi-connty) transportarion groups that have the authority and respbnsib'ility or resolutioa of regional transportation issues. Such resolution must respect local authority and mi�st not be predicated upon use of local maintenance and repair dollars. S. The City requests the State's assistance in obtaining the designation of the Ciry of Aubatn as a site for a future Amhak passenger rail station locatiqn to serve the South King County and North Pieree County azea Municipal Finance 1. 1'he Legislature should ensure that no legislation enacted by that body either directly or indueclly impose unfunded service or program mandates upon local government. Page 1 — _ _ ExhibiY"A" Resolution No. 3312 December 28, 2000 Protecrion against such action is required by Initiative 601 and should be respected by all le4els of govaminent. 2. The City supports imposition of equitable sales and use taxes on all remote sales regazdless of the point of origin or sale. 3. The City will vigorously oppose any legisla6ve efforfs to reduce or eliminate City revenue re"sourcas without enacting offsetting reduction in State and Federal program and service requirements. The City encourages the Legislature to provide alternative revenues to replace those lost either direcdy or ind'uectly through legislatiye actions or lack theieof. Annual reductions suffered in the past by this city include $1.7 million to ezemption of large nianufacturers from payment of sales tax, $600,000 to I-695 passage, as well as potential losses under I-722 estimated at $1.2 million this year alone. The City would strongly oppose transfer of any financial or management responsibility to local government. for those programs or initiatives reduced as a result of passage of I-695 or other iriitiative or legislative aotion. 4.. The City supports the inclusion of factors such as a city's abili,ty to pay, local labor market conditions, and intemal equity with other employees in azb.itrator's detemvnations as required under PERC regulations, as well as inclusion of the Implicit Price Deflator as the appropriate cost-of-living measure if such measute is retained to limit growth in goveriiinent. S. The City opgoses any effort to ;educe the 2% set aside for provision of local services contained in the State compact on Indian Gaming. 6. 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. 7. Tax increment financing would allow cities to pay for the infrastructure costs related to economic development oc redevelopment projects by earmazking tax revenues aftributable to increases in tax receipts resulting from funded projects in the apportionment district. The tax increment would be dedicated to pay back indebtedness issued. After the debt Has been retued the taxes would be distributed iq the same manner as property taxes. 8.. The City continues to oppose an "ergonoinics:regulation" by L & I un61 scientific evidence - to support the role of ergonoinics in a safe workplace is made.clear. 9. The City supports extension of Statq funding necesgary for the achievement of the goals of the Growth Management Act. Page2 Exhibit"A" Resolutron No. 3312 December 28,2000 10: The City of Auburn supports condnuation of affordable energy rates foT domestic and business usage. The City also sdpp6rts protecdon of State and municipal rights to impose use taxes on all utility services whether the piovider is located in or out of state. Local Authoritv/Safetv . 1. T'he City continues to support unqualified local control over local rights-of-:way and all other pnblic facilities, land use decisions and revenue streams related to telecommunications, energy transmission, etc: activities within or directly impacting their respective jurisdictions. 2. Cities should not b:e 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 rasponsibilities and their employment agencies have a duty to protect others from foreseeable harm resulting from tHe dangerous prbpensity of probationers and pretrial releases under this supervision, Legislation is needed to eliminate or reasonably control such liability. 3. The City supports efforts to protect the idenriries 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 aliowing such individuals to register personal vehicles at their places of employment. 4. The City of Auburn supports legislation that will eusdre asafer environment for cross-state pipeline operations that iinpact,citizens and their communities. Citizens who live, work or recreate neaz pipeline routes should be provided with the assurance that the pipelines will be inspected and tested regulazly and operated with the safety of the citizen and qommnnity as a pazamount concern. 5. 1'he City opposes continuirig imposition of incieased training, response, and/or manning reqnirements and standaids for public safety personnel without appmpriation of adequate funding from State ai►d Fedetal sources to pay for increased obligations. � 6. The City supports the Govemor's Fi=e Protection Task Fo.rce, whose purpose is to increase public safety by making Washington residents safe from life arid property losses due to fue. This is accomplished through promotion of incentives and recoinmendation of strategies that encourage the iise of fire protection equipment, built-in fire supp;ession .systems, education, and the court-authorized access to inspection of potentially dangerous structures. 7. State increases in mandatory criminal penalties that requue extended jail time or legislation that requires additional police, court; prbbationary or jail services, including rehabilitarion, Page 3 Exfiibit"A" Resolution No. 3312 December 28, 2000 juvenile diyersion and involvement in courts of limited jurisdicUon must be accompanied by fiinding necessary to construct facilities to accommodate the increases and fund additional persoiinel attd indirect oosts necessary to cazty out the requirements. 8. The City opposes legislation and/or other efforts to remove the authority.of munieigaliries to provide local law enforcement services regardless of the potenrial for service contracting. The City would also oppose acdons or legislaUon fhat would fransfer incarceraUon responsibilities and/or fiinding from the state or county to municipalities: 9. 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 ontside the city's borders. As it stands now, jurisdictions must ezchange letters giv'►ng consent to officers to enforce law outside of theu jurisdictions. 10; The City opposes any preemption of local legislariye or regulatory authority over regalation of rental housing. 1 L 'The City supports refinements to current domestic violence law to afford appropriate protection to victims, enable impmved enforcem@nt and support the effective prosecution of domestic violenc.e. cases. Supportive services such as safe housing and shelter and iiriproved access to welfaze piograms shotild be provided. L2. The City supports adoption of a certificate of inerit procedure as a requirement to validate negligence claims against govemment jurisdictions. The Gity also supports efforts to exempt cities from joint and severable liabiliry provisions and exemption of employees from civil liability fortheir good faith disclosnre ofinformation regazding former or current employees'job performance. 13. The City re,quests exemption of rec,ords that would reveal the strategy of a local govemment regazding collective bargaining or grievance procedures from publio disclostire. 14. The City supports legislative action related to tort reform to clarify that the defendant should not be required to mandatorily join all potential "at faulY' entities into litigation or risk losing the ability to apportion fault to the tliird party(s). Any move to the contrary would inappropriately shift the burden of proof,from the plaintiff to the defendant in proving fault. 15. 1'he City supports legislation to reinstate administrative search warrants as a tool for use by Fire Mazshals. Page 4 Exhibit"A" Resolution No. 3312 December 28;2000 Social and Human Services 1. The City supports legislation that would maintain support for human service pmgrams including those that may be delegated to the State from the federal govemment. Such legislative action should ensure proper funding support and appmpriate local government input into development of dispersal regulatio.ns or procedures, 2. T'he City supports efforts by the State to provide incentives to cities and school districts to work collaboratively in addressing local youth issues. Gambline.Liauor Control and Adult Entertainment 1. The City supportg legislation to require the State Liguor Control Board to snpport a communiry's ability to manage the expansion, creation or reestablisfunent of liqudr retail establiskiii►ents when licensing such enterprises would contribute to crime or blighting influences. 2. The City supports giving local govemments the authority to regulate the siting of gambling _ establishments and enact morat6riums on tHe acceptance of applications for gambling establislimenfs. T'he City also supports legislation allowing the State Gambling Commission to limit the number of licenses it approves for a given geographic area. 3.. The City supports authorizing local govemments to minimize the negative secondary impacts of adult establishments on their communities by adopting strict requiremenfs foi location and hours of operatibn. Water Resodrees 1. The City remains committed, with the Association of Washington C'►ties (AWC) and Washington Water Utilities Council (WWiJC), in supporting key principles to successful new water resoyrces 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 tkiat do not hamper a udlity's ability to serve in its seivice area; 3) preservation of "perfected" and "inchoate" water rights for water systems planning in accordance -with GMA; 4) applicadon of outcome-based conservation measures uniformly to al1 water regources; and not just to domestic water purveyors; 5)treatment of reqnests for water rights cliauges and t�ansfers as separate from, and of higher priority, than requests for new water rights and the balancing of human and fish needs in the allocation of rights. Page 5 Exhibit"A" Resolution.No. 33.12 December 28, 2000 Endaneered Species Act 1. The State has taken a leadership role in developing strategies to save the region's salmon rans and respond to the Endangered Species Act listing, The City of Aubum supports these efforts and would like to be a part of the solution under the following condiUons: . e Reliable souices of additional funding riiust be available to cities and other agencies ttiat 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 enviionment must be accompanied by fiuiding necessary for their implementation. • No coininunity should be expected to beaz the burden of ESA because of location; geography or land use. No City should be asked to remedy the results of historic practicesor habitat destruction outside their jprisdictions. o In the State's plan the State assnmes almost total responsi6ility for management of issaes related to harvest, Tribal concems, dams and forest practices. Local govemment is limited to input regazding habitat restoration through WRIA planning.. Aggrieved parties can file lawsuits against local government forperceiyed 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 geograplucal limits of their jurisdictions. The State's process may pernut cifies to be sued for failure essentially beyond local control. The State must assume liability for ESA issues azising &om harvest, Tribal concerns and practices and dam operations and forest pracrioes. Eailiue to do so could resalt.in a breakdown of the State's ESA process and force each city and counry to confront the concem on its own. Provision of Affordable Housine 1. Basic housing is being priced out of Uie range of families of modest means. 'The State needs to recognize tliat markat forces such as material, labor and land costs are for the most part responsibie for escalating home prices. Over the past decade, zoning ordinance provisions that have resulted in some additional cost have been modifed or deleted, and time required to obtain required permits has been reduced. Permits and impact fees do elevate home prices to a degree, but aze still a small fraction of the total cost and do not reflect full recovery of the iridirect wsts of development. Real progress in meeting the housing needs of families can be accomplished only through commitment of spbstantial State and Federal funding in addition to such programs as first time buyeis; builde:r incentives, loan guarantees and similar programs. pa9e 6 - - — _. Exhibit"A" Resolution No. 3312 December 28, 2000 2. Land values and other forces operating within the Puget Sound housing market aze creating lazge azeas of low-income housing. The result of such practice is to permit segregation based upon wealth or ability to pay. Credit shopld be given to communities that bave accepted low-income housing in the past, and every effort should be made to effect a more representative distribution of future affordalile hoiuing stoaks throughout.the Puget Sound region. 3. Legislation regarding affordable housing density reguirements should be modified to reflect changing lifestyles to include condominium zoning as a substitute for high-density apartments. 4. The City of Aubum opposes efforts to reduce the twenty-year GN1A housing taiazgets into more limited time intervals and punish cities not meeting targets. Additional reporting requirements, if enacted, should be accompanied by requisite funding. 5. The City will oppose legislation that pre-empts local zoning authority by attempting to mandate at the Stafe level the inclusioq of manufactured housing in single-family zones. Such controls must be at the local level and left to individual communities that best iiudecstand the coriiinunity's needs and issues. Growth Manaeement Act 1. The City endorses the Growth Management Act (GMA) as an essentia! and responsible planning tool. However, the Act does create challenges for the State; counties and cities: To meet these challenges the Legislature should continue to monitor the efforts of local agencies and address necessary refinements to the Act 'tn an effective and 6mely maziner. Such refinements may include clarification of tkie role and responsibilities of the.State in developirig policies and capital plans in conforniance with adopted comprehensive plans, as'siiring 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 flexi6ility in meeting GMA requirements. Growth Managemant Hearings Boards should defer to looal ilecisions, policies anii processes implementirig the goals of the GMA when these acUons aze otherwise consistent with the GMA. 3. The City supports legislation that further defines, coordinates, simplifies and streanilines land use decisions and permitting under the GMA as well as under the State Envimnmental Policy Aot ai►d the Shorelines Management Act. Such legislation should balance the benefits of statewide uniformity with the need for local communities to govern themselves. Page 7 I Exhibit"A' Resolution No.3312 December 28, 2000 4: The City supports State Building Code.s Council jurisdiction over the Uniform building Code, Plumbing Code, Mechanical Code, Fire Code and ottier State codes presendy under its jurisdictions. 5. The City supports continued efforts to integrate shoreline management planning into local comprehensive plans and eliminate the re_quirement for sepazate shoreline mastei plans: Separate State-leyel shoreline use peimits should be eliiriinated in favor of permits issued by citie"s in accordance with approved plans. 6. The City supports the participation of local govemments in policy discussions relating to electric restructuring, grotecting authority of municipal utilities and ottier matters concerning possible deregulation of the electrical energy industry. 7. The City supports practical solutions to private pmperty disputes that address specific concerns of pmperty owners; including regulatory reform if n.ecessary. These solutions should not alter the Constitutional definition of takings, place an undue financial burden on taxpayefs, or dimiriish local goveriiments' atiility to protect the public health, safety and welfaze of their communities. Page 8 _. Exhibit"A" Resolution No.3312 December 28,;2000 CITY OF AUBURN __ _ _ 2001 STATE LEGISLATIVE AGENDA Transportation 1. Legislation that will ensure development and maintenance of adequate or needed transportation systems is essenUal to preservation of a reasonable quality of life and the economic well-being of the State and local jurisdictions. Little has been offered in long- term remediation of transportation infrastructura concerns; passage of I-695 effectively removed the very limited, although critical, support of transportation impmvements at the wnnty and local levels. The City supports an increase in e�gsting and future non- regressive revenues to cities, counties; and the Transportation Improvement Board to help meet local needs. 2. State and federal requvements to protect the environment must be accompanied by funding necessary for their implementation. Transportation projects have borne a heavy burden for environmgntal preservation and restoration. (Approximately 30%of transportation.funding is now spent on environmental work.) 3. The City of Auburn will actively pursue, through the State Legislature, the State's Freight Mobility Strategic Inveshnent Boazd(FMSIB) and the regional "FAST Corridor"program, funding necessary to improve the movement of rail and trdck freight throdghoat ttie Central Puget Sound Corridor. Fnnding for the FAST Corri3or projects to sepazate at=grade crossings at 3`d Street SW, 272nd and "M" Street SE will be vigorously pursued: Working with the Biue Ribbon Commission's support, the .City supports bonding by the Transportation Improvement Board as a means to proyide immediate funding. 4. Auburn snpports the concept of single regional (mulfi-county) transportation groups that have the authority and responsibility or resolution of regional transporta6on issues.. Such resolufion must respect local authority and must not be predicated upon use of local maintenance and repair dollars. 5. The Gity reguests the State's assistance in obtaining the designation of the Ciry of Auburn as a site for a future Amtrak passenger rail stadon location to serve the South King County and North Pieice Counry area Manicipal Finance 1. 1'he Legislature shoultl ensure that no legislation enacted by that body either d'uectly or indirectly impose unfunded service or program. mandates upon local govetumerit. Page 1 I Exfiibit"A" Resolution No. 3312 December 28, 2000 Protection against such action is required by Initiarive 601 and should be r8spected by all levels of godefciment 2. The City supports imposition of equitable sales and use taxes on all remote sales regazdless of the point of origin or sale: 3. The City will vigorously oppose any legisla6ve efforts to reduce or eliminate City revende resources without enacdng offsetting reduction in State and Federal program and service requirements: The Ciry encourages the Legislature to pmvide altemative revenues to . replace those lost eithe; directly or indirectly through legislafiye actions or lack thereof. Annual reductions suffered in the past by this oity include $1.7 million to exemption of large manufacturers from payment of sales taz, $600,000 to I-695 passage, as well as potential losses under I-722 estimated at $1.2 million this yeaz alone. The City would strongly oppose transfer of any financial ormanagement responsibilityto local government for those programs or initiatives reduced as a result of passage of I-695 or other initiative or legislatiVe action. 4. The.City supports the inclusion of factors such as a city's ability to pay;local labor market cond.itions, and internal equity with other employees in arbitrator's determinations as required under PERC reguladons, as well as inolusion of the Implicit Price Deflator as the appropriate cost-of-living measure if such measure is retained to limit growth in government. 5. The Ciry opposes any effort to reduce the 2% set aside for provision of local services contained in tlie State compact on Indian Gaming. 6. The City supports State funding of essential human and health services at appropriate service levels since pmviding for the safety and essential health needs of its citizens is a pazamount resgonsibility of state aud federal government. 7. Tax increment financing would allow cities to pay for the infrastructure wsts related to economic development or redevelopment projects by earmazking tax revenues attributable to increases in tax receipts resulting from funded projects in the apportionment district. The tax increment would be dedicated to pay bac$indebtedness issued, Atter the deb.t has been retire.d the ta��es wo.uld be distributed in the same manper as properiy tazes. 8. The City oontinnes to oppose an"ergonoriucs regulation" by L & I nntil soieri6fic evi3ence to support the role of ergonomics in a safe workplace is made clear. 9. The City supports extension of State funding necessary for the achievement of the goals of the Gi�owth ManagementAct Page 2 . Exhibit"A" Resolu4ion No. 3312 December 28, 2000 10. The City of Auburn supgorts continuation of affordable energy rates for domestic and liusidess usage. The City also suppoits protection of State and municipal rights to impose use ta�ces on all utility services whether the pmvider is located in or out of state: Local Authority/Safety 1. The City continues to support unqualified local controi over local rights-of-way and all other public facilifies, land use decisions and revenue streams related to telecommunications, energy transmission, etc. activities within or directly impacting tlieit respective jurisdictions. 2. 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 p;etrial release situations. The Court held that prbbati6n officers and pretrial release counselors who have saperVisory resporisibilities and their employment agencies have a duty to protect others from foreseeable harm resulting from the dangerous propensity of probadoners and pretrial releases under this superyision: Legislation is needed to eliminate or reasonably control such liability. 3. The City supports efforts to proteot ttie identities ofpublic 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 indiyidusls to registerpersonal vehicles at their places of employment. 4. Tlie Cify of Aubnm supports legislation that will ensure a safer environment for cross=state pipeline operations that impact citizens and their communities. Citizens who live, work or ;ecreate nea; pipeline mutes should be provided with the assurance that the pipelines will be inspected and tested regularly and operated with the safety of the citizen and cbmmunity as a paraznonnt concern. 5.. The City opposes continuing imposi6on of increased training, response, and/or manning requirements and standazds for public_safety personnel without appmpriation of adequate funding from State and Federai sources topay for increased obligations. 6. The City supports the Governor's Fire Protection Task Force, whose puipose is to ii►crease public safety liy making Wastiington 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 protecdon. equipment, built-in fire suppression systems, e.ducation, and the court-authorized access to inspection of potentially dangerous stractures. Z. State increases in mandatory criminal penalties that require extended jail time or legislation that requires additional police, court, p;obationary or jail services, including rehabilitafion, Page 3 Exhibit"A" Resolution No. 3312 December 28, 2000 juvenile diversion and involvement in courts of limited jurisdictiom m�st be accompanied by funding necessary to construct facilities to accommodate the increases and fund addiUonal personnel and ind'uect costs necessary to carry out the requirements. 8. The City opposes legislation and/or other efforts to remove the authority of municipaliries fo provide local law enforcement services regardless of the potential foz service contracting. The City would also oppose actions or legislation that woald trdnsfer incazceration responsibilities and/or funding from the state or county to municipalities. 9. The, City would support efforts to allow police officers to enforcg the State's laws anywhere within the state. This extension of powers would reduce the liabiliry for cities with officecs who assist with incidents outside the city's borders. As it stands now, jurisdictions must ezchange letters giving consent to officers to enforce law outside of their jurisdictions. 10. The City opposes any preempt'►on of lo.cal legislative or regulatory authority over regulation of rental housing. 11. The City supports refinements to current domestic violence law to afford appmpriate protection to victims; enable improved enforcement and suppoR the effective proseourion of domestic violence cases. Supportive services such as safe housing and shelter and impYoved access to welfare programs shotild be proVided. 12. The City supports adoption of a certificate of inerit pmcedure as a requirement to validate negligence claims against government jurisdicUons. The Gity also supports efforts to exempt cities from joint and sevetable liability provisions and exemption of employees from civil liability for ttieir good faith disclosure ofinforniation regazding former or current employees'job performance. 13. The City requests exemprion of records that would reveal tlie strategy of a local government regarding collecdve ,kiazgaining or grievance proceduies fiom public disclosure. 14. The City supports legislative action related to tort reform to clarify that the defendant should not be required to mandatorily join all potential ``at fault" enti6es into litigation or risk losing the abili.ry 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. 15. The City supports legislation to reinstate administrative search warrants as a tool for use by Fire Mazshals. Page 4 Exhibit"A" Resoiution No:3312 December 28, 2000 Social and Human 5ervices 1. The City supports legislation that wodld maintain support for human service programs including those that may be delegated to the State from the federal govemment. Such legislative.action should ensure pmper funding support and appmpriate local govemment input into development of dispersal regulations:or procedure.s. 2. The City supports efforts by the State to provide incentives to cities and school districts to work collaboratibely in addressing local youth issues. Gamblin¢,Liquor Controland Adult Entertainment 1. T'he City supports legislation to require the State Liquor Control Board to support a community's ability to manage the expansion, creation or reestablislunent of liquor retail establishments when licensing such enterprises would contribute to crime or blighting influences. 2. 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 siipports legislation allowing the State Gambling Commission to limit the number of licenses it approves for a given geograpHic area. 3. The City supgorts authorizing local govemments to minimize the negative secondary impacts of adult establishments ou their commnnities by adopting strict reqnirements for location and hours of operation. V1'ater Resources 1. 11ie City remains committed, with the Association of Washington Cities (AWC) and Washington Water Utilities Council (WWiJC), in supporting key principles to successful new water resources legislation. These guidelines include: 1) preserva6on of flexib'tlity regarding the definition of"place of use" for water rights; 2) reasonable, locally sensitive, and scientifically-base"d conditions, on water dse that do not hamper a atility's ability to serve in its service azea; 3) pre5eivaGon of"`perfected" and "inchoate" water rights for water systems planning in accordance with GMA; 4) application of outcome-based conservation measures unifomily to all watgr resources, and not just to domesric water p.nrveyors; 5)treatment of requests for water rights changes and h�ansfers as separate frbm, and of higher priority, than reqnests for uew water rights and the balancing of human and fish needs in the allocation of rights. Fage 5 Exhibit"A' Resolution No.3317 December28,2000 Endan e¢ �ed Species Act 1. 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 Aubum supports these efforts and would like to be a part of the solution underthe following c.onditions: • Reliable sources of additional funding must be available to cities and other agencies that participate in habitat restoration projects. Local funding is commifted to maintaining essential public health; safety and direct citizen services: State and federal requirements to protect environment must be accompanied by funding necessary for theu implementation. o No community should be expected to beaz the burden of ESA because of locadon; geography or land use,. No City should be askgd to remedy the results of historic praotioes or habitat destruction outside their jurisdictions. e In the State's plan the StaYe assumes almost total responsibility for management of issues related to harvest, Tribal concerns, dams and forest practices. Local govemment is limited to input regarding habitat restorarion through WRIA planning. Aggrieved parties can file lawsuits against local government for perceiyed failures oi violations of ESA. It is possible that salinon 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 liabiliry for ESA issdes arising from harvest, Tribal concems and practices and dam dperdtions 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 concem on.its own: 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 mazket forces such as material, labor and land costs are for the most.part responsible for escalating home prices. Over the past decade, zonipg ordinance provisions that have resulted in some additional cost have been modified or deleted, and time required to obtain required p.ermits has been reduced. Permits and impact fees do elevate home prices to a degi�ee, bdt aze s611 a small ftaction 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 Fedeial funding in additibn to such pmgrazns as first time buyers, builder incentives, loan guarantees and similaz programs. Page 6 Exhibi4"A" Resolution No.3312 December 28, 2000 2_: Land values and other forces operating within the Puget Sound housing mazket aze oieating tatge areas of low-income housing. The result of such practice is to periiut sagiegation based upon wealth or ability to pay. Credit should be given to comirianities that have accepted low-income housing in the past, and every effort sliould be made to effect a more representative distribution of future affordable housing stocks throughout the Puget Sound region. 3. Legisladon regazding affordable housing density requiremeats should be modified to reflect ct►angirig lifestyles to include condominium zoning as a substitute for high-density apartments. 4. The City of Auburn opposes efforts to reduce the twenty-yeaz GMA housing taigets into inore limifed dme interVais and punish ciUes not meeting targets. Additional reporting requirements, if enacted, should be accompanied by requisite funding. 5. The Gity will oppose legislation that pre-empts local zoning authority by attempting to mandate at the State level tlie inclusion of maziufactared housing in"single-family wnes. Such controls must lie at the local level and left to individual communities that best understand the community's needs and issues. Growth Management Act 1. The City endorses the Growth Management Act (GMA) as an essenual and responsible planning tool. However, the Act does create challenges for the State, counties and cities. To meet these challenges the Legislature should continue to monitor the efforts of local agencies and ad.dress necessary refinements to the Act in an effective and timely manner. Such refinements may include clarificadon 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 gtowth areas. 2. The City supports legislation preserving flexibility in meetirig GMA requirements. Growth Management I-Iearings Boazds should defer to local decisions, policies and processes implementing ttie goals of ttie GMA when these aotions aze otherwise consistent with the GMA. 3. The City supports legislation that further defines, coordinates, simplifies and streanilides land use decisions aad permitting undar the GMA as well as under the State Environmental Policy Act and the Shorelines Management Act. Such legislation should balance thg benefits of statewide uniformity with the need for local communities to govern themselves. Page 7 - - Exhibit"A" Resolution No. 3312 December 28, 2000 4. The City supports State Building Codes Council jiuisdiction over the Uniform building Code, Plumbing Code, Mechanical Code, Fire Code:.and other State codes presently under its jurisdictions. 5. 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. 6. The City supports the participation of local govemriments in policy discussions relating to electric restructuring, protecting authority of municipal utili6es and other mafters concerning possible deregulation of the electrical energy industry. 7. The. Ciry supports practical soln6ons to priVafe property disputes that add"ress specific concems of property owners, including regulatory reform if necessary. These solutions should not alter the Constitutional defuution of takings, place an undue f nancial burden on taxpayers, or diminish local governments' ability to protecY the public health, safety and welfaie of theu communities. - _ Page'.8' Exfiibit"A' Resolution No. 3312 December28, Z000