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HomeMy WebLinkAboutCOW 2010-01-11 Item 4D - Resolution - 2010 Legislative Priorities1 CAS NUMBER: 10-004 Fund Source: Comments: MTG. DATE I 10 -DLLLI Meeting Date Prepared by Mgy is review 1 'oarncil review 01/11/10 KAM I( AL( ,R 01/19/10 KAM 1 1 I AGENDA ITEM TITLE Draft Resolution for Council's 2010 State Legislative Priorities CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 01/11/10 Mtg Date Mtg Date 01/19/10 Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal El P&7R Police 111 PWI SPONSOR'S Staff has prepared a DRAFT 2010 Legislative Agenda for Council consideration. The agenda SUMMARY is intended to be utilized as a tool for Councilmembers when they meet with state legislators in Olympia later this month. The Council is being asked to adopt a Resolution that identifies the agreed upon priorities. REVIEWED BY COW Mtg. CA &P Cmte Utilities Cmte Arts Comm. DA'Z'E: RECOMMENDATIONS: SPONSOR /ADMIN. Council President COMMITTEE EXPENDITURE REQUIRED COUNCIL AGENDA SYNOPSIS Initials ITEM INFORMATION J ORIGINAL AGENDA DA 1'h: JANUARY 11, 2010 n F &S Cmte Parks Comm. RECORD OF .COUNCIL ACTION MTG. DATE ATTACHMENTS 01/11/10 Memo regarding recommended 2010 Legislative Agenda /Priorities. AWC's 2010 Legislative Priorities. City of Tukwila 2009 Legislative Agenda. Draft Resolution (Attachment A to be provided at 01/19/10 Regular Meeting). ITEM NO. n Transportation Cmte Planning Comm. COST IMPACT /;FUND: SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED 37 38 Tukwila City Council Kimberly Matej, Council Legislative Analyst Mayor Haggerton Shawn Hunstock, Interim City Administrator DATE: January 5, 2010 SUBJECT: Legislative Agenda /Priorities for 2010 Session TO: FROM: CC: MEMORANDUM City of Tukwila City Council The State Legislature will begin a short 60 -day session on Monday, January 11, 2010. This is the second year of the Legislature's biennium legislative cycle, and Governor Gregoire released her proposed 2010 supplemental budget on December 9. However, it is anticipated that the Governor will release a second budget sometime in early January which will still cut substantial state expenditures. It appears as if it is in the City's best interest to continue working with the priorities set forth in the 2009 Legislative Agenda that Council passed by resolution last year. This recommendation is based on consideration of the upcoming short 60 -day session as well as the continued need to ensure the safety of state shared revenues, flexibility of use of existing local revenues and the significant budget reductions already implemented by the City. As with most legislative agendas, it is important to note that usually a city will choose items for highlighting to local representatives (i.e.: priorities); however, that does not preclude the City from supporting, opposing, monitoring issues or directly contacting legislators regarding additional items not specifically highlighted on the published legislative agenda. For example, City departments will often advocate for the Council to support or oppose specific items in response to which the Council can meet directly with the appropriate state representatives regarding said issues. For your review and discussion, continued issues from 2009 are below, and 2010 updates and /or applicable comments have been incorporated in red. The order in which items are listed does not reflect the importance of any item. After Council discussion, staff will provide a 2010 Legislative Agenda State Issues in final form for review at the January 19 Regular Council Meeting. City Fiscal Health MONITOR: Streamlined Sales Tax Ensure that state monies committed for streamlined sales tax mitigation continue to remain dedicated to that source and are not utilized to balance the state budget. Also, insure transparency in the mitigation calculation process and consistent application of mitigation policies among all cities, counties and transit districts. 2010 Update: $53.4 million is appropriated to this account; however, another $10 million was transferred to the State's General Fund. According to AWC, it appears as if this is an excess balance and will not impact distributions to cities. SUPPORT: Flexibility on Use of Existing Revenue Sources Increased flexibility in the spending of revenues such as locally imposed Real Estate Excises Taxes (REST) will allow cities to respond more appropriately to growth needs and essential services. Transportation Infrastructure SUPPORT: Transportation Enhancement Support legislation which increases flexibility of use of existing revenues and implements new revenues for use in expansion, maintenance and repair of transportation mechanisms; including such items as street utility capability for cities and counties. 39 40 2010 Council Legislative Priorities page 2 General Government Operations OPPOSE: Taping of Executive Sessions It is anticipated that this issue may be re- introduced in the 2010 Session. MONITOR OPPOSE: Legislation that Prohibits Local Jurisdictions from Requiring Dwelling Unit Inspections This item may also appear as a component of Crime Free Multi Housing legislation. City of Tukwila staff is working diligently with AWC to ensure bill language which protects and encourages the rights of cities to assist in providing safe and livable housing to its community members. SUPPORT: Pro Active Approaches to Reducing the Impact of Public Records Requests to Cities Take an active role in efficient responses to and delivery of public records requests while reducing substantial impacts of arduous requests. Enhancement of Funding for Human Services The Tukwila City Council is committed to continue funding of human services programs in relation to the increasing cost of living. In consideration of this local commitment, we encourage our State legislators to support human services funding recognizing the need of these vital services throughout our local communities and the State. Partnerships The City of Tukwila recognizes that the fiscal condition of the state budget impacts every city by reducing state funding opportunities. We also acknowledge that state aid for local governments is becoming increasingly more difficult to secure. City officials are committed to doing their part to foster relationships within local, regional and state entities that encourage opportunities for joint partnership and outreach in budget reduction as well as other activities that address management of local resources. New Priorities SUPPORT: Fiscal Reimbursement for Flood Preparation Relative to the Howard Hanson Dam Seek reimbursement for fiscal expenditures related to the preparation and protection efforts in response to the potential flood risk related to the Howard Hanson Dam. SUPPORT: Extension of Cities Liability Protections Regarding Howard Hanson Dam Clarify and refine language regarding statute liability immunity for cities that perform and conduct good -faith efforts in response to the potential flood risk relative to concerns with the Howard Hanson Dam. For your review, I have attached a copy of AWC's 2010 Legislative Priorities and the City's 2009 Legislative Agenda. 41 42 D e c e m b e r 2 0 0 9 AWC Board adopts 2010 egislative priorities AWC's top priorities City flexibility package In 2009 AWC advanced a broad city flexibility package that eased restrictions and requirements in areas like: Fiscal health Land use Infrastructure Community safety Public records A big emphasis was placed on giving locals more authority and flexibility with allocating existing revenues. Cities looked to what the state did in adopting its 2009 -1 1 budget.The state gave itself flexibility as a way to deal with the state's fiscal stress.Why shouldn't cities have the same latitude, even if it was for a limited period? This year,AWC continues to pursue ideas that give cities fiscal flexibility and cost effective options. Cities want to be able to decide locally how to allocate our resources.We know what our communities want and we need the flexibility to provide essential services in a way that makes fiscal sense. Please see more information regarding the city flexibility package in our fact sheet on our website at www.awcnet.org. Municipal stormwater funding 137 cities are impacted by Phase land 11 NPDES stormwater requirements and Puget Sound cleanup work.These cities need a long -term state funding mechanism to help them meet the stormwater requirements.AWC will aggressively pursue ESHB 1614 (from the 2009 session).The bill places a barrel fee on unrefined oil approximately $120 million a year in revenue. The governor and Legislature needed to close over a $9 billion deficit during the 2009 session. The state now faces a new shortfall estimated at $2.6 billion that must be closed in the 2010 supplemental budget.The last time the state faced such a daunting gap was 25 years ago. With that backdrop, the AWC Board of Directors adopted your 2010 legislative agenda last week. It's an ambitious list. Success is going to be difficult. But we're already working the issues and what will make a huge difference is your direct help.Your contacts from home create the biggest, most significant impacts with legislators. ASSOCIATION OF WASHINGTON C i i i E S AWC remains open to alternative legislation that provides equivalent funding. Please see more information regarding stormwater funding in our fact sheet on our website at www.awcnet.org. Street maintenance utility A city option Just like the state's 18th amendment and the County Road Levy, cities want a permanent transportation funding source for basic street maintenance and preservation.Three out of every four city transportation dollars depend on general fund transfers. Street funding competes with other city services coming out of the general fund. AWC proposes to create a street maintenance utility, similar to a sewer or water utility. With a city option utility, charges are based on different types of trips made by users and what it costs the city to maintain and preserve its streets. Maintaining and preserving streets avoids costly reconstruction.When compared to other approaches like increasing property taxes, the city option is far more equitable. A successful utility starts with community awareness. Extensive public involvement during the utility's creation helps broaden community support for the option. Accountability measures help boost public confidence, showing that funds will only be used for street preservation. Please see more information regarding street maintenance utility in our fact sheet on our website at www.awcnet.org. Association of Washington Cities 1076 Franklin St SE o Olympia,WA 98501 o www.awcnet.org continued 43 44 Other priorities Brokered natural gas tax Pursue legislation addressing the Court of Appeals decision that: Impacts city collection of the brokered natural gas tax; Clarifies the definition of use; and Ensures equal treatment between business and residential users. State budget Continued appropriation of committed state funds Cities must continue to closely monitor the state budget, watching over their continued allocation of state shared revenues and state funds, including: Full mitigation for streamlined sales tax Continuation of the city- county assistance account Continuation of important shared revenues like the criminal justice assistance account, liquor excise tax account and liquor revolving account Maintenance of nearly full funding for local public health jurisdictions. Fire hydrant general fund responsibility In October 2008 the Supreme Court ruled that fire hydrants are a general government responsibility, paid for by the local government's general fund. Many water utilities now cover the charges for this service. Cities with their own water utility must pay for the service out of their general fund. If they receive service from another city or water utility district, they'll be billed by that jurisdiction.This adds a greater burden to each city's general fund.With many questions still remaining over the ruling,AWC will pursue a legislative clarification. Oppose the requirement to tape executive sessions and any restrictions of attorney client privilege or attorney work product Pursue pro- active public records proposals that address some of the problems that accompany burgeoning public records requests AWC staff will work with other local government associations to identify proposals for 2010. Pursue a change in population thresholds that determine the availability of local funds and the number of councilmembers for cities that host correctional facilities This bill affects the cities of Connell and Airway Heights. When a public facility like a state prison is located within a small city's boundaries, the increased population disqualifies the city from receiving small city pavement and sidewalk funds.The city also doesn't receive additional property or sales tax revenue to offset the loss. A city with a prison population increase is required to expand its council, going from five to seven councilmembers. For the purposes of eligibility for small city pavement and sidewalk fund and changing the number of council seats, this bill gives cities the option of including or not including the state correctional facility population. Increase existing grant and loan programs to stay current with construction inflation, including: Public Works Assistance Account (Public Works Trust Fund) stormwater component, high growth area grants/ loans, housing component Transportation Improvement Board WSDOT Highways and Local Programs (bicycle/ pedestrian programs) MTCA (Model Toxics Control Act) funding for one -time capital investments Transportation Benefit Districts Clarify that projects within a local capital facilities plan are eligible expenses in aTBD instead of by reference; Enable latecomer fees to be applied to projects not "owned" by the TBD (i.e. a state highway); and Pursue repeal of the 10 year sunset on voter approved sales tax.This would allow bonding of this revenue stream. Pursue taxable bond issuance flexibility The advent of Build America Bonds highlights the challenge a city council (or other public entities) faces when investors sign up to purchase the bonds the council frequently must approve the sale within minutes. Coordinating city councilmember's schedules to pursue this action (and potentially save taxpayer money) is problematic. Association ofWashington Cities 1076 Franklin St SE Olympia,WA 98501 www.awcnet.org continued The proposed sotution:Allow the city governing body to adopt a bond ordinance or bond resolution, and delegate to an authorized representative the authority to finalize the maturity amounts, interest rates, etc all within tight parameters fixed by the governing body. Funding for gang intervention and prevention activities Support local tools and innovation for gang prevention and intervention; seek sustainable, ongoing funding for gang prevention and intervention, graffiti removal programs, and law enforcement suppression activities. Support the creation of new offenses for criminal gang intimidation and school criminal gang intimidation and sentence enhancements for gang related offenses. Limiting liability for local government Continue to pursue reforms that limit joint liability for public entities, especially in the context of proposed expanded wrongful death claimants and damages; Continue to work to amend the law so that juries know if a person involved in an injury accident was wearing his or her seatbelt; and Do not advance legislation relating to establishing a willful and wanton level of misconduct for emergency workers, but support others who may wish to take the lead. Public safety impacts of charging decisions and expanding caseload and subject matter jurisdiction in municipal court If additional cases are shifted to cities and municipal courts, continue to insist on a reasonable increase and seek funding to assist with this new caseload and public safety implications of charging decisions. Require counties to charge misdemeanants in Superior Court, within the threshold limits for which they are responsible. Reform of annexation statutes and those dealing with the role of cities, counties and special purpose districts in urban areas AWC will look for opportunities to advance any annexation and /or governance reform if and when the opportunity arises. Example: Joint planning in unincorporated urban growth areas. Climate change issues Action shifted to Congress and it's not anticipated that major legislation will be introduced this session.AWC will look for opportunities to facilitate local actions to address climate change issues and impacts. Continue to defend against mandates for minimum density around transit stations. Land use /Gambling Not likely that this issue will be addressed this session. However,AWC will look for opportunities to defend cities' ability to fully ban gambling and seek legislation that provides cities the ability to zone and partially ban gambling facilities if the opportunity arises. Puget Sound Partnership /Action Plan Possible legislation introduced to ban copper brake pads. AWC will monitor and support other ideas that help protect and restore the Sound's health with emphasis on need for long -term state funding. Best Available Science help for smaller cities Pursue help for small cities to address BAS in their next update or defer requirement to update in the smallest cities and towns that aren't growing (may be part of Flexibility Package). Housing affordability Support legislation /budget ideas that address affordable housing through infrastructure funding and new fiscal incentives; Work with coalitions to identify and remove barriers to crating new affordable or workforce housing; Oppose new mandates or pre emptive zoning legislation; and Closely monitor and respond to proposed reductions in existing housing support programs for low- income or disadvantaged residents. Information to landowners on being in an unincorporated UGA AWC will consult with county assessors, seeking their support, and introduce legislation. UGA expansion in flood plains under certain conditions Follow -up to legislation from 2009 session.AWC will support language worked out between Mt.Vernon and the bill's prime sponsor (Rep. Scott White, D- Seattle). Association ofWashington Cities o 1076 Franklin St SE o Olympia,WA 98501 e www.awcnet.org continued 45 46 Issues to endorse E91 I funding Support efforts to: Secure additional funding needed to keep pace with advances in technology such as VolP, photos, video, instant messaging and text messages; and Ensure the tax base is comprehensive by amending the current statute to insure the tax is levied on all technologies. False alarm information Seek an exemption for false alarm information under RCW 42, public records City of Spokane Amend public records disclosure requirements for "complainants" A City of Everett proposal that would allow the city to withhold a complainant's name whenever disclosure endangers the complainant. Community Facilities Districts Enabling legislation Cities create a CFD through an ordinance process. Essentially an LID, but enables the funding of infrastructure outside of the defined area. Developer imposes tax —the tax is not part of the city's tax capacity. Permanently fund the Community Economic Revitalization Board (CERB) Seek permanent revenue for CERB and support technical corrections. CERB authority was modified in 2008 it retains a 75% rural /urban split for the first $20M appropriated. $20M and over is a 50 %/50% rural /urban split. State brownfield redevelopment funding EPA provides assessment grants on a nationally competitive basis, and the State's Brownfields revolving loan program is $5.9 million federally- funded. However, assessment grants are too few, and loans do not work for everyone, especially municipal governments. Increasing the state's program and adding a grants component will clean up the environment and generate new development, infilling, and higher tax revenues. Communications infrastructure Interoperability Example: Spokane region requires a communications infrastructure investment ranging from $44 million to $88 million, including financing expenses.Area voters recently passed a one -tenth of one percent sales tax measure to provide initial infrastructure funding as well as instituting a reverse 91 1 system, providing sustenance to the 91 1 system and augmenting a crime reporting system.The sales tax measure does not raise enough revenue to implement all of the initiatives included in the successful ballot issue. Progress on the infrastructure depends on the region receiving federal or state grants. Assault by vehicle Support Seattle as it works to amend current law to allow a local option for criminalizing "assault by vehicle." Basic Law Enforcement Training Academy (BLEA) funding AWC will continue to support additional BLEA funding to ensure that cities have adequate capacity to train new police officers and support appropriate and effective training methods. City access to criminal background checks for license enforcement Support legislation that would authorize the state patrol to conduct criminal background checks, including NCIC access, for for -hire license applicants when requested by the city. Photo enforcement authority Support legislation to broaden and clarify authority for cities to use photo- enforcement. Water /sewer districts: Utility taxes and assumptions For many years,AWC opposed efforts by districts to eliminate the authority of cities to assume (takeover) all or portions of districts serving cities. For the past several years, districts opposed efforts by AWC to allow cities served in whole or part by districts to charge city customers a utility tax.A compromise has been reached that would allow a city to impose the utility tax, but if in the future an assumption is sought in that city, it may be done only by a vote of district customers. Association of Washington Cities 1076 Franklin St SE Olympia,WA 98501 www.awcnet.org continued Annexation to fire protection district AWC will endorse legislation amending RCW 52.04.061 to allow cities with population exceeding 100,000 to annex to a fire protection district. Issues to strongly defend against B &O tax /business license fee Oppose any changes advanced that further negatively impact local B &O tax revenues. Utility lien authority Defend against proposals to eliminate the utility lien authority or the authority of cities to collect unpaid utility bills from property owners. No additional diversion from the Public Works Trust Fund Support more funding for infrastructure and economic development not the redirecting of existing funds. Issues to monitor Clean -up of disincorporation statutes City of Spokane Valley is pursuing. Mitigating medical costs for offenders Pursue state funding to help local jurisdictions pay for offender medical costs; seek assistance with mental health costs to reduce impacts on the criminal justice system. Funding for auto theft prevention authority Monitor funding to ensure 2009 -1 1 budget transfers are one -time. Continue to support dedicated funds for auto theft enforcement. Federal emergency management funding/ Communications interoperability Seek state and federal funding to meet interoperability standards and reform of 91 1 structure to address modern technology. Regulating guns on city property Association of Washington Cities Outdoor burning in cities and towns under 5,000 in population AWC will work with cities and DOE to help small cities develop programs allowing them to dispose of residential yard waste by ways other than burning, and continue to work with legislators to evaluate how small cities can deal with residential yard waste issues. Mandating that cities allow tent cities Continue to defend local authority to impose reasonable conditions on tent cities, understanding that cities are not seeking authority to refuse to allow tent cities within their boundaries. Oppose efforts to diminish current authority to access property for public safety, health and other business purposes Oppose preemption of local authority to conduct rental housing inspections. Recommendations from the Courts of Limited Jurisdiction /Domestic Violence Work Group Monitor any efforts to introduce legislation that was considered by this work group which will mandate new court responsibilities.A group reconvened in the 2009 interim to look at domestic violence issues. It may reappear with recommendations like requiring municipal courts to issue domestic violence and anti harassment protection orders, and standardizing court hours and staffing. Natural Resource Agency reform Monitor for opportunities to support or oppose legislative or budget proposals from the Gregoire Administration focusing on streamlining state permitting and improving customer service. Water resources Muni water law court case and other issues Monitor any proposals that modify existing municipal water law. Helping less "urban" cities prosper Monitor and support proposals that provide less urban cities tools they need to prosper. 1076 Franklin St SE Olympia,WA 98501 www.awcnet.org 47 48 City of Tukwila 2009 Leeislative Atenda State Issues The City of Tukwila seeks sustainability of services, flexibility in local decision making and transparency in government in order to continue serving our community in the ways our residents and businesses need and expect. During questionable economic times, this desire can be more difficult to achieve. Solutions to challenges can be identified more quickly when local leaders retain the ability to manage their resources in a manner that works best in their community. During the first year of the Washington State Legislature's biennium legislative cycle, the City will focus on the following legislative priorities: City Fiscal Health MONITOR: Streamlined Sales Tax Ensure that state monies committed for streamlined sales tax mitigation continue to remain dedicated to that source and are not utilized to balance the state budget. Also, insure transparency in the mitigation calculation process and consistent application of mitigation policies among all cities, counties and transit districts. SUPPORT: Flexibility on Use of Existing Revenue Sources Increased flexibility in the spending of revenues such as locally- imposed Real Estate Excises Taxes (REET) will allow cities to respond more appropriately to growth needs and essential services. Transportation Infrastructure SUPPORT: Transportation Enhancement Support legislation which increases flexibility of use of existing revenues and implements new revenues for use in expansion, maintenance and repair of transportation mechanisms. SUPPORT: Federal Stimulus Package In anticipation of a proposed Federal stimulus package, the City of Tukwila has several projects ready to implement and eligible for regional, state and federal funding opportunities: Klickitat Project Tukwila Pond Park Duwamish Riverbend Hill Phase II Non- motorized Capital Facilities as Identified in the Tukwila Walk Roll Plan General Government Operations OPPOSE: Taping of Executive Sessions Transparency in government operations and decision making is extremely important to City of Tukwila elected officials. There are very few exceptions to the Open Public Meeting Act in which legislative bodies have the right to discuss matters in an executive session. Limiting these exemptions further by mandating recordings of executive session can interfere with and hinder the optimization of City processes and candid discussions. Enhancement of Funding for Human Services The Tukwila City Council is committed to continue funding of human services programs in relation to the cost of living through consistent review of regional, state and federal budgets affecting such services. With that local commitment, we encourage our State legislators to support human services funding recognizing the need of these vital services throughout our local communities and the State. Partnerships The City of Tukwila recognizes that the fiscal condition of the state budget impacts every city by reducing state funding opportunities. We also acknowledge that state aid for local governments is becoming increasingly more difficult to secure. City officials are committed to doing their part to foster relationships within local, regional and state entities that encourage opportunities for joint partnership and outreach in budget reduction as well as other activities that address management of local resources. 1/5/2010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A LEGISLATIVE AGENDA/PRIORITIES FOR USE IN THE 2010 WASHINGTON STATE LEGISLATIVE SESSION. WHEREAS, the City Council has agreed to pursue certain legislative issues for 2010; and WHEREAS, the City Council recognizes that this agenda is not necessarily all encompassing in that certain additional items may arise during the legislative session that require support or opposition; WHEREAS, a legislative agenda outlines the priority issues that elected officials may discuss when speaking to members of the Washington State Legislature; and WHEREAS, the City Council agreed to these priorities at the Regular Council Meeting on January 19, 2010; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Tukwila City Council has identified priorities for the 2010 Legislative Session that are integral to serving the Tukwila community in the manner in which the residents and businesses have come to expect. The City of Tukwila 2010 Legislative Agenda is hereby incorporated by reference hereto as Attachment A. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST/ AUTHENTICATED: Chirsty O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney i lL J Dennis Robertson, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Attachment A: City of Tukwila 2010 Legislative Agenda 4 9