Section 20.72, Homeless Drop-In Centers and Overnight Shelters … · 2019-09-05 · Presidential election, rising construction costs, the cost for voters, location, ... Mayor Palmer

City Council Regular Meeting AgendaPuyallup City Council Chambers333 S Meridian, Puyallup 98371

Tuesday, September 10, 20196:30 PM

PLEDGE OF ALLEGIANCE

ROLL CALL

APPROVAL OF AGENDA

1. CONSIDERATION OF MINUTES

1.a Minutes of June 4, 2019June 4, 2019 Draft Minutes

2. PRESENTATIONS AND PROCLAMATIONS

2.a Introduction to Puyallup 101: Your Community's CivicsPuyallup 101 Flier

2.b Proclamation: Domestic Violence Awareness Month - October 2019DV Awareness Month Proclamation

CITIZEN COMMENTS

3. CONSENT AGENDA

3.a Accept work completed by Stumpy Tree Services for the 2019 Clark's Creek ElodeaManagement

3.b Approve the Annual Service Contract with the Washington State Fair WSF Services Agreement 2019 Fall and 2020 Spring Fairs

3.c Authorize supplementary scope of work for public safety building site feasibilityPublic Safety Building Site Feasibility Letter

3.d Approve a resolution authorizing the finance director to invest City of Puyallup funds inthe local government investment pool (LGIP)Resolution

3.e Approve accounts payable, payroll, and electronic fund transfers of $7,957,463.93Warrant Cover Sheets

4. PUBLIC HEARINGS 1

4.a Public hearing and first reading of an ordinance amending Puyallup Municipal CodeSection 20.72, "Homeless Drop-In Centers and Overnight Shelters" Staff MemoDraft OrdinanceDraft Zoning Scenario Map

5. ORDINANCES

5.a First Reading of an ordinance amending the 2019 Budget2019 Budget Amendment Ordinance Second Adjustment2019 Second Budget Adjustments Summary Report Exhibit A2019 Second Budget Adjustments Details Report Exhibit B

6. RESOLUTIONS

6.a Adopt a resolution approving the final plat of Stewart Crossing Phases 5-7Resolution - Stewart Crossing Ph 5-7Staff Report for Stewart Crossing Ph 5-7Exhibit A

7. CONSIDERATIONS AND REQUESTS

7.a Approval of VISION 2050 comment letter to the Puget Sound Regional CouncilDraft VISION 2050 Comment Letter

8. OTHER BUSINESS

CITY MANAGER'S REPORT

COUNCIL REPORTS

MAYOR'S REPORT

EXECUTIVE SESSION

ADJOURNMENT

TENTATIVE UPCOMING AGENDA ITEMS

September 17 Study Session: City Entrance SignsElectronic Permitting System Upgrade

The City Council Chambers is wheelchair accessible. Those needing assistance with hearing devicesshould contact the City Clerk's Office (253-841-5480) the Friday preceding the meeting.

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City Council Agenda Item Report

Submitted by: Aimee PearsonSubmitting Department: Meeting Date: 9/10/2019

Subject:Minutes of June 4, 2019

Presenter:

Recommendation:

Background:

Council Direction:

Fiscal Impacts:

ATTACHMENTSJune 4, 2019 Draft Minutes

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City of Puyallup Regular City Council Meeting

June 4, 2019 COUNCILMEMBERS PRESENT: Mayor Palmer, Deputy Mayor Swanson, Councilmember Door, Councilmember Farris, Councilmember Jacobsen, Councilmember Kastama, and Councilmember Johnson APPROVAL OF THE AGENDA Council Action: A motion was made by Deputy Mayor Swanson and seconded by Councilmember Johnson to approve the agenda. The motion passed 7-0. CONSIDERATION OF MINUTES Council Action: A motion was made by Deputy Mayor Swanson and seconded by Councilmember Johnson to approve the minutes of May 7 and May 22, 2019. The motion passed 7-0. PRESENTATIONS AND PROCLAMATIONS Recognition of Eagle Scout Bryon Hill and Boy Scout Troop 769 for their rehabilitation of the Hummingbird Hill Trail Connection Assistant City Manager Steve Kirkelie introduced Troop 679 and thanked them for their work on the Hummingbird Hill Loop Trail and commented on the history of the trail and what an asset it is to the community. Mayor Palmer presented Eagle Scout Bryon Hill and the troop members with a certificate of appreciation and thanked them for their service. The troop’s scout leader thanked the Council and explained the importance of community service in the Boy Scout program. Councilmember Kastama congratulated the troop on their achievement and thanked them for their service. CITIZEN COMMENTS Mr. Tom McClain: issues on 5th Street behind Walmart and Bradley Lake Park and new construction. Mr. Eli Berniker: new public safety building cost. Mr. Bud Metzger: condition of current public safety building, impacts of Sully’s Glen development, and the rehabilitation of Hummingbird Loop Trail. Mr. Al Sullivan: no knowledge of previous water drainage issues at Sully’s Glen property, length of process to get land developed.

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City Council Minutes June 4, 2019

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CONSENT AGENDA Approve a public works contract with Sound Pacific Construction for the re-construction of two sections of failing sanitary sewer mains in the city’s northwest section on 6th Ave. and 7th Ave. NW Acceptance of the Washington Auto Theft Prevention Authority (WATPA) Grant awarded to the Puyallup Police Department Approve and accept the work completed by the King County Directors Association (KCDA) and FieldTurf USA, Inc., for Phase 1 of the Puyallup Valley Sports Complex Field Conversion Project Approve and accept the work completed by Scarcella Brothers, Inc., for Phase 2 of the Salmon Springs Main Replacement Approve a bill of sale with the City of Sumner for the transfer of improvements made as part of the Salmon Springs Phase 2 Water Main Replacement Project Amendment to the Traffic Maintenance Services agreement with Pierce County Approve and accept the work completed by Transportation Systems, Inc., for the 9th Street SW and River Road Safety Improvement Project Approve accounts payable, payroll and electronic fund transfers of $7,294,554.76; ratify and confirm payments as previously authorized by the finance director Council Action: A motion was made by Deputy Mayor Swanson and seconded by Councilmember Johnson to approve the consent agenda. The motion passed 7-0. ORDINANCES First reading of an ordinance to repeal certain business license provisions of the Puyallup Business License Code City Attorney Joe Beck explained that the chapter of the City code pertaining to the Significant Impact Business License is better repealed at this point, noting that it has yet to be effectively implemented. He further elaborated that the consensus of the police department and code enforcement is to repeal this code section. Council Action: A motion was made by Deputy Mayor Swanson and seconded by Councilmember Door to approve first reading of the ordinance. The motion passed 7-0.

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City Council Minutes June 4, 2019

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First reading of an ordinance regarding a privately-initiated Municipal Code (Zoning) text amendment to allow pre-existing major commercial recreational uses (e.g. golf courses) in multi-family residential zones Associate Planner Kendall Wals gave an overview and background on the current zoning relating to Linden Golf and Country Club (LGCC). She explained that LGCC is defined by the code as a major commercial recreational use and is currently in zone RM-20, which does not allow for such use. She stated that the applicant is requesting an amendment to the RM-20 zoning code to allow pre-existing major commercial recreational uses to continue and expand, subject to specific parameters and standards. In response to Councilmember Jacobsen’s questions, Ms. Wals stated that Linden Golf and Country Club first contacted the city about these amendments in late summer of 2018. Council Action: A motion was made by Councilmember Jacobsen and seconded by Deputy Mayor Swanson to approve first reading of the ordinance. The motion passed 7-0. RESOLUTIONS Adopt a resolution approving the final plat of Sully’s Glen Deputy Mayor Swanson voiced his support of the resolution and stated that he believes adequate measures have been taken to mitigate the stormwater issues that the property has experienced in the past. Mayor Palmer supported the resolution and commented that advanced stormwater technology is being used on the property. Council Action: A motion was made by Deputy Mayor Swanson and seconded by Councilmember Jacobsen to approve the resolution. The motion passed 7-0.

RESOLUTION NO. 2373

A RESOLUTION of the City of Puyallup, Washington, approving the final plat of Sully’s Glen subject to the conditions contained herein

CONSIDERATIONS AND REQUESTS SS911 Change of Governance City Manager Kevin Yamamoto presented the requested change of governance for SS911 to make it a Public Development Authority Corporation (PDA). Mr. Yamamoto explained the process required for each jurisdiction. He also discussed the appointment of Councilmember Julie Door to the governing board of the South Sound 911 PDA.

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City Council Minutes June 4, 2019

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Council Action: A motion was made by Deputy Mayor Swanson and seconded by Councilmember Johnson to approve the resolution agreeing to the formation of the South Sound 911 Public Development Authority by the City of Tacoma. The motion passed 7-0.

RESOLUTION NO. 2374

A RESOLUTION of the City Council of the City of Puyallup authorizing the execution and delivery of an interlocal agreement regarding South Sound 911; approving the formation of the South Sound 911 Public Authority by the City of Tacoma; and approving other matters related thereto

Council Action: A motion was made by Deputy Mayor Swanson and seconded by Councilmember Johnson appointing Councilmember Door as the City Council representative to the South Sound 911 Public Development Authority. The motion passed 7-0.

RESOLUTION NO. 2375

A RESOLUTION of the City Council of the City of Puyallup appointing Councilmember Julie Door to the Governing Board of the South Sound 911 Public Authority Corporation upon its formation

Consideration of a priority list for Safe Routes to School Sidewalk Links Project Public Works Director Rob Andreotti presented the Safe Routes to School Master Plan List. He provided background information on the links projects 1, 3, 4, 7, and 10 and responded to council questions regarding project prioritization, grant requirements, and costs. He also identified the rationale behind certain project decisions regarding curb, gutters, and adding sidewalks to one or both sides of the road. He explained that choosing three projects to focus on would be ideal. Mayor Palmer, Deputy Mayor Swanson, and Councilmember Door supported choosing projects 1, 3, and 7 as the focus; with no objections. Mr. Andreotti noted that by choosing these three projects it does not prevent other projects on the list from getting potential grants. Public Safety Building Deliberation – Continuation City Manager Kevin Yamamoto recapped the status of the Public Safety Building and previous Council deliberations. Council discussed concerns with putting the bond on the November 2020 ballot due to the Presidential election, rising construction costs, the cost for voters, location, and voter education.

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City Council Minutes June 4, 2019

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Councilmember Door spoke against placing the bond on the November 2020 ballot and said more education is needed for the public. She commented on the importance of being a united elected body, the costs associated with the aging police building, keeping the proposed location, and focusing on voter education. Deputy Mayor Swanson supported a portion of Councilmember Kastama’s motion to have a committee, but not the timeline. He also did not support going on the November 2020 ballot and noted that waiting can lead to higher costs due to inflation. Councilmember Farris requested that the full amount needed is asked for in the bond.

Councilmember Jacobsen supported the July 9th deadline for a decision on the current plan, and the November 2019 ballot for the bond. Mayor Palmer stated that he does not think a bond could be finalized for the November 2019 ballot, but may be ready for the April, August, or November 2020 ballot. He emphasized the need for an education communication plan and to address the concerns about location. He also supported keeping the jail and using a councilmanic bond. Police Chief Scott Engle responded to questions regarding the location of the facility and the effect on public safety. He explained that moving critical facilities to South Hill was a logical way to keep those facilities safe from the risk of flooding, lahar, and a major train accident. City Manager Yamamoto suggested using a committee of three to study the 2019 bonds and have them come back with more information for Council and then to focus on the August 2020 election. Councilmember Johnson supported a new building including all three facilities and using mixed source funding. Council Action: A motion was made by Councilmember Kastama and seconded by Deputy Mayor Swanson to have the Mayor appoint a council committee of three to outline a strategy for constructing a new public safety facility to include potential locations, design formats, and associated costs to also develop a process to assess electoral viability based on the information collected. The first report will be due November 19th, 2019 with a Council decision on final design and location by March 1st, 2020. It is the goal of this council to have a capital request for voters for the November 3rd, 2020 election. The motion failed 6-1 (Kastama). Council Action: A motion was made by Deputy Mayor Swanson and seconded by Councilmember Jacobsen to have a resolution ready for the Council at the July 9th meeting for an $88 million bond for the Public Safety Building. The motion passed 7-0. Council Action: A motion was made by Mayor Palmer and seconded by Councilmember Farris to amend Deputy Mayor Swanson’s motion from a $60 million bond to a $88 million bond. The motion passed 5-2 (Swanson, Kastama).

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City Council Minutes June 4, 2019

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COUNCIL REPORTS Councilmember Door reported that the Battle of the Badges blood drive is coming up in the week of June 24th and encouraged councilmembers to participate. Councilmember Johnson advised of his attendance the government affairs meeting at the Chamber of Commerce and reported that a reform for condominium liability has passed. He explained that he felt this would be a benefit to economic development for the City’s downtown core. Councilmember Jacobsen attended a meeting where Krista Linden spoke about the Step by Step house and how it is helping mothers and babies. She also reported an update on the Gateway project for State Route 167 to I-5 and the Cafaro Foundation donation of $10,000 to the Puyallup High School (PHS) athletic department in honor of the Soccer Team’s first place finish. Deputy Mayor Swanson announced the upcoming Meeker Days and SummerCon events. He also reported that he met with Fosters Creative about a potential event proposal and provided a reminder about D-Day. Councilmember Kastama commented that he was on the first Puyallup High School soccer team and noted the success of the current Puyallup High School soccer team. MAYORS REPORT Mayor Palmer commented on the success of the Puyallup High School soccer team and announced their attendance at the next Council meeting on June 11th. He mentioned the grand opening of the new sports complex and Van Lierop Park, the progress of the Puyallup Tacoma extension of the Foothills Trail and noted the public workshop at the Pavilion on June 27th. EXECUTIVE SESSION At 8:45 p.m. Mayor Palmer called for an executive session of approximately 30 minutes to discuss potential litigation and performance of a public employee with legal counsel. City Manager Kevin Yamamoto, Assistant City Manager Steve Kirkelie, City Attorney Joe Beck, Mayor Palmer and the councilmembers recessed into executive session At 9:13 p.m., the session was extended for an additional 15 minutes. Mayor Palmer returned to open session at 9:37 p.m. to adjourn the meeting with no action taken. ADJOURNED at 9:37 p.m.

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City Council Agenda Item Report

Submitted by: Erica UnruhSubmitting Department: City Manager's OfficeMeeting Date: 9/10/2019

Subject:Introduction to Puyallup 101: Your Community's Civics

Presenter:Erica Unruh, Community Relations Coordinator

Recommendation:

Background:Introduction to the new City civics course, Puyallup 101: Your Community's Civics. A briefoverview of the 10-week program will be provided, including content, course objectives andcontact information for those individuals interested in registering.

Council Direction:

Fiscal Impacts:

ATTACHMENTSPuyallup 101 Flier

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CITY OF PUYALLUP

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

PUYALLUP

101 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

YOUR COMMUNITY’S CIVICS

CLASSES BEGIN SEPTEMBER 26TH

City Hall – Council Chambers 333 Meridian S, Puyallup WA 98371

Have you ever wondered how your City operates? How does it maintain streets and parks? Manage the budget? Make decisions? If so, we encourage you to

register for this free course, Puyallup 101.

COURSE OBJECTIVES

✓ Offer a behind-the-scenes look into how City departments operate and how decisions are made.

✓ Foster communication between the City and residents, businesses and non-profit organizations.

✓ Encourage community members to become involved in decisions that affect Puyallup’s quality of life.

Classes meet Thursday each week, from 6-8pm, beginning September 26th – December 5th.

Participants will learn about Puyallup’s local government from City department representatives and elected City Councilmembers. Sessions will alternate between classroom learning and behind-the-scene department tours.

ELIGIBILITY

✓ Must be a City of Puyallup resident, business owner, or employee. All participants must be 18 years or older.

✓ Must not be running for, or currently serving in, a political office.

✓ Must be willing to commit to attending 8 of the 10 classes in order to participate in graduation at the close of the program.

APPLICATION PROCESS

Participation is limited to 25 eligible participants. Interested individuals can learn more and apply on our main City webpage. Applications must be submitted by Friday, September 20th.

Questions? Contact Community Relations Coordinator, Erica Unruh, at: [email protected]

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City Council Agenda Item Report

Submitted by: Joe BeckSubmitting Department: Legal Meeting Date: 9/10/2019

Subject:Proclamation: Domestic Violence Awareness Month - October 2019

Presenter:Jeanette Merod, Domestic Violence Victims Advocate; Joe Beck, City Attorney

Recommendation:Issue a proclamation declaring October 2019 as Domestic Violence Awareness Month in theCity of Puyallup.

Background:October is nationally known as Domestic Violence Awareness Month.

PURPLE LIGHT NIGHTS CAMPAIGN:

In an effort to increase awareness about Domestic Violence to the citizens of Puyallup, thisyear we would like the City to start participating in the Purple Light Nights campaign.(www.purplelightnights.org). This year our participation would include using purple lightingon the large evergreen tree in Pioneer Park as well as four lamp posts on Meridian in front ofCity Hall. Signage would also be used to inform observers about Purple Light Nights.Displays and cooperation from local businesses and organizations may also be used. Wewould like to start small this year and build on the campaign each subsequent year.

WHY WE NEED AWARENESS:

Domestic violence is a public health crisis that affects all communities and people regardlessof age, race, income, ethnicity, sexual orientation, profession, religion or gender. It is mostlylearned behavior being passed on from parents to children and it is destroying families.

Statistics show that 1 in 4 women and 1 in 7 men experience severe intimate partner physicalviolence (beating, burning, strangling). On average, nearly 20 people per minute arephysically abused by an intimate partner. Three out of four Americans know someonepersonally affected by domestic violence and on average, three or more women are murdereda day by their abuser in this country.

Men are also victims of abuse by their partners regardless of whether they are involved in12

same sex or opposite sex relationships. Approximately one-third of the victims of reported DVcrimes in Puyallup are men. Reported statistics do show that women are more likely to bevictims of abuse, however male victims of abuse are less likely to report being victims due toongoing social stigma.

Children raised in homes where there is violence are not only learning unhealthy habitsaround relationships, they are also living in survival brain which hinders access to the part oftheir brain that allows for learning and creativity. They oftentimes suffer from anxiety anddepression and may even blame themselves for the violence going on at home. These childrenstruggle learning basic concepts in school and often act out, setting themselves up for anunsuccessful experience in school and cumulatively, life. In Puyallup specifically, we haveseen a rise in teen dating violence over the last few years.

Council Direction:City Council will receive a presentation about the need for awareness around domesticviolence as well as the Purple Light Nights campaign.

Fiscal Impacts:$1,000 to $2,000 from the legal department budget

ATTACHMENTSDV Awareness Month Proclamation

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PROCLAMATION

WHEREAS, domestic violence is a public health crisis that involves a pattern of behavior

used by one individual to establish and maintain power and control over another; and

WHEREAS, domestic violence shatters lives, robs children of their innocence, and can

destroy the life of any citizen regardless of their age, race, income, ethnicity, sexual orientation or

gender; and

WHEREAS, the Puyallup City Council applauds, encourages and supports the ongoing

robust and compassionate efforts by police, prosecutor’s office and volunteer agencies to support

victims of domestic violence; and

WHEREAS, the City of Puyallup, as part of its commitment to end domestic violence,

employs a domestic violence victim advocate to support victims during the criminal process,

accessing vital and necessary resources, and assists in the prosecution of cases; and

WHEREAS, the City of Puyallup urges all citizens to reaffirm their commitment that

domestic violence in any form, and to any degree, is not acceptable and is preventable; and

WHEREAS, the City of Puyallup recognizes the need for community awareness around

domestic violence and therefore supports the efforts of the Purple Light Nights program which

REMEMBERS the victims who have lost their lives to domestic violence, SUPPORTS those who

have survived domestic violence and provides HOPE for those still living with abuse.

NOW, THEREFORE, I, Mayor John Palmer, on behalf of the City Council of the City of

Puyallup, hereby declare the month of October 2019 as

“Domestic Violence Awareness Month”

in the City of Puyallup and urge all citizens to agree that domestic violence is not acceptable.

IN WITNESS WHEREOF, I have set my hand and cause the seal of the City to be affixed

this 10th day of September, 2019.

__________________________________

John Palmer, Mayor 14

City Council Agenda Item Report

Submitted by: Michelle GehringSubmitting Department: Stormwater EngineeringMeeting Date: 9/10/2019

Subject:Accept work completed by Stumpy Tree Services for the 2019 Clark's Creek ElodeaManagement

Presenter:Hans Hunger, P.E.

Recommendation:

Background:Excessive native elodea growth in Clark's Creek has contributed to problems in and aroundthe creek for over 20 years. The 2019 Diver Assisted Suction Harvesting (DASH) project wasthe seventh year of the diver method of elodea removal. In early May the water levels in thecreek are inches lower than each recorded previous year(s). The City's historic and ongoingefforts to reduce the volume of the elodea in Clark's Creek has been to manage seasonalelevation changes in the creek as well as improve water quality impairments that the elodeacontribute to.

This year a total of 16,000 linear feet of elodea was removed from Clark's Creek, equaling23,585 bags removed.

Council Direction:Accept the work completed by Stumpy Tree Services for the 2019 Clark's Creek ElodeaManagement in the final amount of $219,316.44 and begin the one year warranty period.

Fiscal Impacts:Total Project Amount: $219,316.44 (this includes project final cost plus tax). The City has aInter-local Agreement with Pierce County to be re-reimbursed for half of the total cost, up to$115,000.00

ATTACHMENTSFinal Contract Voucher Certificate

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City Council Agenda Item Report

Submitted by: McKenzi KentSubmitting Department: Police DepartmentMeeting Date: 9/10/2019

Subject:Approve the Annual Service Contract with the Washington State Fair

Presenter:Chief of Police, Scott Engle

Recommendation:Authorize the City Manager to execute an annual agreement with the Washington State Fairthat outlines the services and associated costs for services provided to the Washington StateFair by the City's police and public works department and amend the police department 2019budget as appropriate.

Background:The annual agreement pertains to the following services and taxes/fees associated with the2019 Washington State Fair and the 2020 Spring Fair: 1) cost reimbursement for policecommand staff to manage the security within the fairgrounds for the 2019 Washington StateFair and the 2020 Spring Fair, 2) cost reimbursement for PPD Police Services for gate safetyand security for the 2019 Fall Fair, 3) cost reimbursement for services provided by publicworks streets division associated with the Rodeo parade and cattle drive, and 4) establishingthe annual admission tax rate and the business license fee for the Washington State Fair.

Since 2011, the Puyallup Police Department has managed all law enforcement and privatesecurity personnel within the fairgrounds during the fall and spring fairs. The PoliceDepartment has found that managing the law enforcement and security functions within thefairgrounds has noticeably enhanced public safety in and around the fairgrounds. As part ofthe agreement, the Washington State Fair will reimburse the City approximately $50,000-$55,000 for such management services and approximately $51,000-$69,000 for gate safetyand security for the 2019 Fall Fair. In addition, consistent with previous agreements, the Fairwill pay a five-percent (5%) admission tax on all admission tickets to the fairgrounds and paya $50,000 annual business license fee that not only covers the Washington State Fair but alsoall vendors operating within the fairgrounds.

Similar agreements have been approved each year since 2011.

Council Direction:

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Fiscal Impacts:The City of Puyallup agrees to contribute $10,000 in 2019 only for Police Services at theentrance gates due to the mutual interest of safety and security at the public entrances to thefair. The 2019 police department budget will need to be amended.

ATTACHMENTSWSF Services Agreement 2019 Fall and 2020 Spring Fairs

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Multiple Services Agreement Western Washington Fair Association

Washington State Fair 2019 and Spring Fair 2020 Page 1 of 9

MULTIPLE SERVICES, TAX, LICENSE FEE, AND COMPENSATION AGREEMENT BETWEEN

THE CITY OF PUYALLUP AND THE WESTERN WASHINGTON FAIR ASSOCIATION 2019 Washington State Fair and 2020 Spring Fair

The parties to this Agreement, the City of Puyallup (“City”) and the Western Washington Fair Association (“WWFA”) do hereby mutually covenant and agree as follows: WHEREAS, every year the WWFA brings more than a million visitors into the City of Puyallup to enjoy its Spring Fair and Washington State Fair; and WHEREAS, the size and scope of the Spring Fair and Washington State Fair places increased demands on City services, including without limitation police, public safety communications, public works, utility, finance, legal, licensing, and municipal court operations; and WHEREAS, over the years the WWFA and the City have worked cooperatively to provide continuity of public safety services to the patrons that attend the Spring Fair and Washington State Fair and the citizens of Puyallup, including making all reasonable efforts to ensure direct communications between the Puyallup Police Department (“PPD”) and Fair Police; and WHEREAS, the law enforcement function of the Fair Police is to enforce laws and keep the peace inside of the fairgrounds under the direction of the PPD and the function of the PPD is to enforce laws and keep the peace outside of the fairgrounds; and WHEREAS, in recent years the WWFA and City have determined that public safety services to patrons are best served by an enhanced degree of coordination between Fair Police and the PPD, and so have arranged to provide an increased PPD presence inside the fairgrounds; and WHEREAS, the City finds this Agreement to be in the public interest, as it provides an efficient and enforceable method to apply and collect charges and revenues necessary to cover otherwise applicable city license, admission tax, and other municipal service reimbursement charges associated with operation of the Spring Fair and Washington State Fair; and WHEREAS, the City and the WWFA affirm that this Agreement constitutes a mutually acceptable and equitable method of determining adequate funds to the paid by the WWFA for City licenses, taxes, fees and services; and WHEREAS, the City and the WWFA enter into this agreement for multiple services

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Multiple Services Agreement Western Washington Fair Association

Washington State Fair 2019 and Spring Fair 2020 Page 2 of 9

from the Puyallup Police Department and for tax, license fee, and compensation for services and other costs associated with the Spring Fair and Washington State Fair. NOW THEREFORE, THE CITY AND WWFA AGREE AS FOLLOWS:

1. Police Services Provided by the City of Puyallup

A. Scope of Services. For each day of the 2019 Washington State Fair and the 2020

Spring Fair, the PPD will designate a member of its command staff (Captain or higher) to serve the WWFA as the onsite and acting law enforcement Chief. The PPD command staff member shall be in charge of the Fair Police from 8:00 a.m. to close. The PPD command staff member will provide the following Police Services:

• Work with the Fair Police supervisors and Pierce County Security on Fair law enforcement and security issues.

• Be on the grounds on the hours identified above.

• Be responsible for ensuring that the Fair Police adhere to PPD policies and procedures for arrests, reports, evidence and record keeping.

• Be responsible for compiling a daily report for the Fair CEO detailing the activity of the Fair Police as well as reporting any issues to follow up on.

If it becomes necessary for the designated member of PPD command staff to handle a PPD emergency, another command staff member will be designated by the City to replace the person on the fairgrounds as soon as practical. In addition to the foregoing, the PPD will provide a commissioned Executive Staff member to oversee coordination of the WWFA’s law enforcement needs, which services shall include but not be limited to coordination and scheduling of the “Fair Police” employees for the WWFA.

B. Compensation and Payment. WWFA shall reimburse the City for the above described Police Services based on actual hours worked by PPD personnel. Actual hours worked includes pre-Fair planning, Fair time, and post-Fair reporting. Reimbursement to be at the following rates: Police Services Rate A. Deputy Chief - on-duty time $111.87 per hour B. Commissioned Executive Staff – off duty $127.41 per hour (PPD Chief and Deputy Chief) C. Command Presence (4 p.m. – 12 a.m.) – off-duty $125.54 per hour* (PPD Captains) D. Command Presence (4 p.m. – 12 a.m.) – off-duty $166.49 per hour*

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Multiple Services Agreement Western Washington Fair Association

Washington State Fair 2019 and Spring Fair 2020 Page 3 of 9

(PPD Captains) (Labor Day Weekend pay) *Subject to upward adjustment based on any changes in collective bargaining agreements

The estimated costs for the PPD Police Services are $50,000.00 - $55,000; however, both parties agree that the City will invoice WWFA for actual hours worked. The WWFA shall reimburse the City for Police Services based on actual hours worked and invoiced no later than 30 days after WWFA’s receipt of an invoice for the same. C. Recommended security measure. The City’s police department recommends the Fair conduct security screenings, such as bag checks, at the public entrances to the WWFA premises. D. Entrance Gate Safety and Security. For the 2019 Washington State Fair the

WWFA desires to have Puyallup Police officers on-duty at the following public entrances: Blue Gate, Gold Gate, and Red Gate. The City of Puyallup agrees to assign a Puyallup Police officer to each gate from opening to a ½ hour prior to closing each day of the fall fair. The Puyallup Police officer assigned to gate duty shall assist with general safety and security at the entrance gate as well as general security screening measures as necessary and appropriate. WWFA shall reimburse the City for the above described Police services based on actual hours worked by PPD personnel. Reimbursement to be at the following rates of pay:

Police Services Rate A. Police Officer 4th Class (Labor Day Weekend Rate) $95.79 per hour B. Police Officer 3rd Class (Labor Day Weekend Rate) $114.41 per hour C. Police Officer 2nd Class (Labor Day Weekend Rate) $120.61 per hour D. Police Officer 1st Class (Labor Day Weekend Rate) $126.82 per hour A. Police Officer 4th Class $72.52 per hour B. Police Officer 3rd Class $86.59 per hour C. Police Officer 2nd Class $91.14 per hour D. Police Officer 1st Class $95.80 per hour

The estimated costs for the PPD Police Services for gate safety and security for 2019 fall fair are $51,000.00 - $69,000; however, both parties agree that the City will invoice WWFA for actual hours worked. The WWFA shall reimburse the City for Police Services based on actual hours worked and invoiced no later than 30 days after WWFA’s receipt of an invoice for the same. The City of Puyallup agrees to contribute $10,000.00 in 2019 only for Police Services at the entrance gates due to the mutual interest of safety and security at the public entrances to the fair.

2. Emergency Communications Services

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Multiple Services Agreement Western Washington Fair Association

Washington State Fair 2019 and Spring Fair 2020 Page 4 of 9

A. Equipment. The City will provide the necessary 800 MHz radios (not to exceed 48) to the Fair staff. All equipment and radio frequencies owned and operated by the City prior to or after the effective date of this Agreement will remain the property of the City. Upon expiration or earlier termination of this Agreement, the City’s equipment shall immediately be returned to the City.

B. Rules and Regulations. The WWFA agrees to abide by and comply with such reasonable rules and regulations as shall from time to time be established by the Puyallup City Manager or his designee to facilitate orderly and efficient emergency communication services under the terms of this Agreement.

3. Rodeo Parade and Cattle Drive – September 6, 2019. The WWFA shall reimburse

the City up to $8,300.00 for work conducted by its Public Works Department as a result of the parade. Such work includes, but is not limited to, placing and removing signs and equipment associated with closing streets and setting up detours, and cleaning streets after the parade. The City will submit an invoice to the WWFA within thirty (30) calendar days after the parade for the City’s actual costs. The WWFA shall submit to the City, pursuant to Chapter 5.34 of the Puyallup Municipal Code, an application for a special event permit.

4. Service, Tax and License Fees.

A. Definitions. For purposes of this Agreement, and based upon RCW 35.21.280, the term “admission charge” includes:

i. A charge made for season tickets or subscriptions; ii. A cover charge, or a charge made for use of seats and tables reserved or

otherwise, and other similar accommodations; iii. A charge made for food and refreshment in any place where free

entertainment, recreation or amusement is provided; iv. A charge made for rental or use of equipment or facilities for purposes of

recreation or amusement; if the rental of the equipment or facilities is necessary to the enjoyment of a privilege for which a general admission is charged, the combined charges shall be considered as the admission charge;

v. Automobile parking charges if the amount of the charge is determined according to the number of passengers in the automobile; and

vi. A charge for all ticket sales including without limitation discount, gate, grandstand, rodeo, carnival, extreme or other rides for which there is a charge of any sort or value.

B. Admissions Tax. The WWFA shall pay to the City a 5% (five percent) admissions tax (one cent on every twenty cents or fraction thereof) on all Admission Charges collected. The admissions tax for the 2019 Washington State Fair and the 2020 Spring Fair

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Washington State Fair 2019 and Spring Fair 2020 Page 5 of 9

shall be remitted on or before October 15th of each year, provided the Fair shall reconcile its books and pay any additional taxes due on or before December 1st.

C. Business Licenses. The WWFA will pay the sum of $50,000.00 dollars for an annual license fee which the City is authorized to impose pursuant to PMC 5.04.030 (or as hereinafter amended). The City recognizes that the WWFA is unique and that it is in the mutual interest of the City and the WWFA to consider all the activities conducted upon the fairgrounds during the term of this agreement as a single business enterprise and to issue a single business license to the WWFA. Payment will be remitted to the City by January 31st of each year.

D. Bingo, Gambling, Amusement. All utility charges, gambling taxes, license charges, fees and other expenses applicable to operation of the Spring Fair and Puyallup Fair shall be paid pursuant to applicable state and local laws, except as expressly modified by this Agreement. The City expressly acknowledges that, because law enforcement costs are to be reimbursed as provided in Section 1 of this Agreement, it does not intend to collect any amusement game taxes as permitted by RCW 9.46.110.

E. Other Events. The amounts due under in this Agreement are for the 2019 Washington State Fair and 2020 Spring Fair. Additional City services for events other than the Spring Fair and Washington State Fair may be negotiated between the WWFA and the City separately, or may be negotiated between the sponsor of the event and the City.

F. Sales Tax Coding. The WWFA shall include in each and every space lease agreement, during all activities, a requirement that the lessee obtain and use a City of Puyallup sales tax coding number from the Washington State Department of Revenue.

5. Mutual Benefits. The parties acknowledge that from time to time one of the parties may have equipment, services, or facilities available which may be of value or not immediately available to the other. It is agreed that the exchange of such equipment, services, or facilities is of mutual benefit and that said mutual benefit may be adequate consideration for the exchange of such equipment, services, and facilities provided, however, that any significant exchanges of equipment, services, or facilities will be examined on an individual basis to determine whether additional compensation not otherwise provided for in this agreement may be required. In the event an emergency is declared by the appropriate governmental authority, all equipment, services, or facilities of either party used by the other, shall be deemed of mutual benefit.

6. Term. This agreement shall remain in effect for the 2019 Washington State Fair and

the 2020 Spring Fair commencing upon mutual execution of this agreement, and shall terminate at midnight on August 1, 2019, unless extended in writing by an amendment

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Multiple Services Agreement Western Washington Fair Association

Washington State Fair 2019 and Spring Fair 2020 Page 6 of 9

or subsequent agreement. 7. Termination. This Agreement may be terminated, without cause and for

convenience, by either party by serving written notice of termination upon the other party hereto sixty (60) days prior to the anticipated date of termination. Should the WWFA terminate this agreement prior to the closing of all activities relating to the 2019 Washington State Fair and the 2020 Spring Fair, the City shall be entitled to invoice the WWFA for time expended by the Puyallup Police Department in the planning for and staffing of the Spring Fair and Washington State Fair, and WWFA shall reimburse the City for time expended no later than 30 days after receipt of an invoice for the same.

8. Insurance. The WWFA shall maintain liability insurance policies to protect against

claims for injuries to persons or damage to property which may arise from or in connection with the performance of services by City staff members under the terms of this Agreement.

A. Minimum Scope of Insurance. WWFA shall obtain insurance of the types and

shall maintain the following insurance limits described below: i. Automobile Liability insurance with a minimum combined single limit for

bodily injury and property damage of $1,000,000 per accident, covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage.

ii. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $5,000,000 general aggregate on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the WWFA’s Commercial General Liability insurance policy with respect to the work performed for the City.

iii. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington.

B. Other Insurance Provisions. The insurance policies shall name the City as an

additional insured as to all services to be provided under this agreement. The WWFA’s insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it.

The WWFA’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.

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Multiple Services Agreement Western Washington Fair Association

Washington State Fair 2019 and Spring Fair 2020 Page 7 of 9

Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.

The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination.

C. Verification of Coverage. The Fair shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of The Fair before commencement of the work.

9. Indemnification. The WWFA shall indemnify, defend, and hold harmless the City, its officials, officers, agents, employees, and volunteers, from any and all claims, demands, damages, lawsuits, liabilities, losses, liens, expenses and costs arising out of the subject matter of this Agreement; provided that this provision shall not apply to the extent that damage or injury results from the fault of the CITY, or its officers, agents, or employees. The term “fault” as used herein shall have the same meaning as set forth in RCW 4.22.015, as that statute may hereafter be amended. The WWFA specifically assumes potential liability for actions brought by the PPD Command Staff member against the CITY for any workplace injury arising out the performance of duties as swing shift superintendent and, solely for the purpose of this indemnification and defense, the WWFA specifically waives any immunity under the state industrial insurance law, Title 51 RCW. THE WWFA RECOGNIZES THAT THIS WAIVER WAS SPECIFICALLY ENTERED INTO AND WAS THE SUBJECT OF MUTUAL NEGOTIATION. These indemnifications shall survive the termination of this Agreement. These indemnifications shall extend to and include attorneys’ fees and the cost of establishing the right of indemnification hereunder in favor of the City.

10. Notices. Any notices or other contacts required under the terms of this Agreement

must be directed to the following in writing and delivered to the parties at the following addresses:

To the City: To the WWFA: City of Puyallup Western WA Fair Assoc. Attn: Steve Kirkelie, Interim City Manager Attn: Kent Hojem, CEO 333 South Meridian 110 Ninth Ave SW Puyallup, WA 98371 Puyallup, WA 98371

11. Dispute Resolution. If a dispute arises from or relates to this Agreement or the breach thereof and if the dispute cannot be resolved through direct discussions, the parties agree to endeavor first to settle the dispute in an amicable manner by

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Multiple Services Agreement Western Washington Fair Association

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mediation administered by a mediator under JAMS Alternative Dispute Resolution service rules or policies before resorting to arbitration. The mediator may be selected by agreement of the parties or through JAMS. Following mediation, or upon written agreement of the parties to waive mediation, any unresolved controversy or claim arising from or relating to this Agreement or breach thereof shall be settled through arbitration which shall be conducted under JAMS rules or policies. The arbitrator may be selected by agreement of the parties or through JAMS. All fees and expenses for mediation or arbitration shall be borne by the parties equally. However, each party shall bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence.

12. Compliance. Failure to comply with any of the provisions stated herein shall

constitute a material breach of this Agreement and cause for termination. Forgiveness of non-performance of any provision of this Agreement does not constitute a waiver of the relevant provision nor of any other provisions of this Agreement.

13. Governing Law; Venue. This Agreement shall be construed and interpreted in

accordance with the laws of the State of Washington and, in the event of a dispute, the venue of any action brought hereunder shall be in Pierce County Superior Court.

14. Severability. If any term, provision, covenant, or condition of this Agreement is held

by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated as a result of such decision.

15. Assignment. Neither the WWFA nor the City shall have the right to transfer or assign,

in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party.

16. Attorney Fees. In the event either of the Parties defaults on the performance of any

terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses.

17. Equal Opportunity to Draft. The parties have participated and had an equal

opportunity to participate in the drafting of this Agreement, and the Exhibits, if any, attached. No ambiguity shall be construed against any party upon a claim that that party drafted the ambiguous language.

18. Amendments. This agreement shall be amended only by written amendment

mutually agreeable to the parties and there are not other agreements written or oral of the subject matter of this agreement.

19. Severability. Any provision of this Agreement that is declared invalid or illegal shall

in no way affect or invalidate any other provision hereof and such other provisions

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Multiple Services Agreement Western Washington Fair Association

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shall remain in full force and effect. 20. Entire Agreement. This Agreement contains all of the agreements of the Parties with

respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose.

21. Counterparts. This Agreement may be executed in two or more counterparts, each

of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF the parties hereto have set their hands and seals this ____

day of August, 2019.

CITY OF PUYALLUP WESTERN WASHINGTON FAIR ASSOCIATION Steve Kirkelie, Interim City Manager Daniel McClung, President Approved as to form: Joseph Beck, City Attorney Kent Hojem, CEO

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City Council Agenda Item Report

Submitted by: Steve KirkelieSubmitting Department: City Manager's OfficeMeeting Date: 9/10/2019

Subject:Authorize supplementary scope of work for public safety building site feasibility

Presenter:Interim City Manager Steve Kirkelie

Recommendation:Authorize the Interim City Manager to execute a contract in the amount of $67,520 withMacKenzie Architects for supplementary work pertaining to the public safety building sitefeasibility project.

Background:On July 9th, City Council approved a motion requesting supplementary work be completedpertaining to the public safety building site feasibility project. The motion provided thefollowing feasibility work be completed:

i. Analyze the expansion / renovation of the current Puyallup Police Department facility tomeet current needs with growth projections outlined in the current South Hill Public SafetyFacility plan and include an analysis of a Public Safety Facility adjacent to the City Hall;

ii. Analyze a downtown police presence, store front or substation in City Hall, with theassessment including any cost savings that can be obtained by a reduction in the footprint ofthe South Hill Location;

iii. Analyze the remodel of the current police station, with a report due back to council byDecember 1st; and

iv. Instruct staff to have a public workshop in November pertaining to the needs for a newfacility and prepare to hire a public education consultant in January.

A copy of the proposed scope of work accompanies this agenda bill. The scope of workpertains to foregoing Items i, ii, and iii. Item iv, the public workshop, will be completed byCity staff.

Council Direction:

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Fiscal Impacts:The costs for this work will be paid from the Facilities Project Fund within the City’s 2019approved budget.

ATTACHMENTSPublic Safety Building Site Feasibility Letter

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City Council Agenda Item Report

Submitted by: Barbara LopezSubmitting Department: FinanceMeeting Date: 9/10/2019

Subject:Approve a resolution authorizing the finance director to invest City of Puyallup funds in thelocal government investment pool (LGIP)

Presenter:Barbara Lopez, Finance Director

Recommendation:Approve a resolution authorizing investment of City of Puyallup monies in the localgovernment investment pool (LGIP) and designating Barbara Lopez, Finance Director, as the"authorized individual" on the account.

Background:The Local Government Investment Pool (LGIP) is a voluntary investment mechanismoperated by the State Treasurer. Over 530 local governments, including the City of Puyallup,participate in the pool as a safe, liquid and competitive investment option pursuant to RCW43.250. By investing with the LGIP, the City of Puyallup uses the State Treasurer’s resourcesto safely invest funds and earn a competitive interest rate on those funds.

This is a routine, housekeeping change to the resolution to reflect the change in FinanceDirector.

Council Direction:

Fiscal Impacts:

ATTACHMENTSResolution

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Page 1 of 3

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PUYALLUP, WASHINGTON AUTHORIZING INVESTMENT OF CITY OF PUYALLUP FUNDS IN THE LOCAL GOVERNMENT INVESTMENT POOL

WHEREAS, pursuant to Chapter 294, Laws of 1986, the Legislature created atrust fund to be known as the public funds investment account (commonly referred to as the Local Government Investment Pool (LGIP)) for the contribution and withdrawal of money by an authorized governmental entity for purposes of investment by the Office of the State Treasurer; and

WHEREAS, from time to time it may be advantageous to the authorized governmental entity, City of Puyallup, the "governmental entity", to contribute funds available for investment in the LGIP; and

WHEREAS, the investment strategy for the LGJP is set forth in its policies and procedures; and

WHEREAS, any contributions or withdrawals to or from the LGIP made on behalf of the governmental entity shall be first duly authorized by the City Council, the "governing body" or any designee of the governing body pursuant to this resolution or a subsequent resolution; and

WHEREAS, a prior resolution 2258 was passed and adopted by the City Council of the City of Puyallup on July 5, 2014 and it is the intent of Council to replace resolution 2258 with this resolution; and

WHEREAS, the governmental entity will cause to be filed a certified copy of said resolution with the Office of the State Treasurer; and

WHEREAS, the governing body and any designee appointed by the governing body with authority to contribute or withdraw funds of the governmental entity has received and read a copy of the prospectus and understands the risks and limitations of investing in the LGJP; and

WHEREAS, the governing body attests by the signature of its members that it is duly authorized and empowered to enter into this agreement, to direct the contribution or withdrawal of governmental entity monies, and to delegate certain authority to make

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Page 2 of 3

adjustments to the incorporated transactional forms, to the individuals designated herein.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PUYALLUP, WASHINGTON, DOES RESOLVE AS FOLLOWS:

Section 1. The City Council of the City of Puyallup (Council) does herebyauthorize the contribution and withdrawal of governmental entity monies in the LGIP in the manner prescribed by law, rule, and prospectus.

Section 2. The Council has approved the Local Government Investment Pool Transaction Authorization Form (Form) as completed by Barbara Lopez, City of Puyallup Finance Director, and incorporates said form into this resolution by reference and does hereby attest to its accuracy.

Section 3. The City of Puyallup designates Barbara Lopez, Finance Director, as the "authorized individual" to authorize all amendments, changes, or alterations to the Form or any other documentation including the designation of other individuals to make contributions and withdrawals on behalf of the City of Puyallup.

Section 4. This delegation ends upon the written notice, by any method set forth in the prospectus, of the governing body that the authorized individual has been terminated or that her delegation has been revoked. The Office of the State Treasurer will rely solely on the governing body to provide notice of such revocation and is entitled to rely on the authorized individual's instructions until such time as said notice has been provided.

Section 5. The Form as incorporated into this resolution or hereafter amended by delegated authority, or any other documentation signed or otherwise approved bythe authorized individual shall remain in effect after revocation of the authorized individual's delegated authority, except to the extent that the authorized individualwhose delegation has been terminated shall not be permitted to make further withdrawals or contributions to the LGIP on behalf of the governmental entity. No amendments, changes, or alterations shall be made to the Form or any other documentation until the entity passes a new resolution naming a new authorizedindividual.

Section 6. The Council acknowledges that it has received, read, and understood the prospectus as provided by the Office of the State Treasurer. In addition, the Councilagrees that a copy of the prospectus will be provided to any person delegated or otherwise authorized to make contributions or withdrawals into or out of the LGIP and that said individuals will be required to read the prospectus prior to making any withdrawals or contributions or any further withdrawals or contributions if authorizations are already in place.

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Page 3 of 3

Section 7. The City Clerk is authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener’s/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto.

PASSED this ___________ day of ______________________, 20__.

APPROVED:

JOHN PALMERMAYOR

ATTEST:

MARY WINTERCITY CLERK

APPROVED AS TO FORM:

JOSEPH N. BECKCITY ATTORNEY

FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.:

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City Council Agenda Item Report

Submitted by: Tom UtterbackSubmitting Department: Development Services Meeting Date: 9/10/2019

Subject:Public hearing and first reading of an ordinance amending Puyallup Municipal Code Section20.72, "Homeless Drop-In Centers and Overnight Shelters"

Presenter:Tom Utterback, Development Services Director

Recommendation:First, conduct a public hearing and then conduct first reading of an ordinance amending PMCSec. 20.72.

Background:During 2017-18, Puyallup City Council considered potential zoning standards for homeless-serving daytime drop-in centers and overnight shelters at multiple meetings. City Council’sdeliberation included the iterative review of multiple zone district scenarios, sensitive usebuffers and various procedural requirements. This work culminated in City Council’s approvalof Ordinance #3179, on 10/2/18, which codified those standards as PMC Sec. 20.72. Briefly,Ordinance #3179 included:

- Use definitions for daytime drop-in centers and overnight shelters- Provision for facility requests to be processed either as a Conditional Use Permit (CUP) or,with City Council consent, as a Development Agreement- Allowance for facilities to be sited in the ML (Limited Manufacturing) zone district under aCUP or any applicable zone under a Development Agreement- Establishment of a 1000’ buffer from various “sensitive uses” (e.g. schools, parks,daycare/preschool, library, special needs senior care, residential zones) within which suchfacilities may not be sited- A number of procedural submittal requirements for any application, including a StandardOperating Procedure Plan, Code of Conduct, Safety & Security Plan and Good NeighborAgreement.

Subsequently, that approved ordinance was appealed to the Growth Management HearingsBoard (GMHB), a State board which hears local legislative land use appeals. After a hearingand consideration of related documentation, the GMHB issued a decision on 6/3/19, in whichthey ruled on nine specific challenges to portions of Ordinance #3179. The decision upheldthe ordinance on six issues, but directed the City to re-evaluate the adopted code text in order

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to achieve compliance with the decision by 10/2/19. In brief, the GMHB decision found thatOrdinance #3179 requires amendment to address:-- The "physically removed" (i.e., isolated or remote) locations of potentially-available parcelsfor these uses; -- The sufficiency of pedestrian access to potentially-available parcels for these uses; -- The sufficiency of transit access to potentially-available parcels for these uses;

On September 10, 2019, City Council will hold a public hearing to consider draft coderevisions to the address the GMHB decision. Please see the attached staff memo, draftordinance and map depiction for further information about this matter.

Council Direction:

Fiscal Impacts:City review of any new land uses under the proposed ordinance would be expected to behandled by existing budgeted staff resources.

ATTACHMENTSStaff MemoDraft OrdinanceDraft Zoning Scenario Map

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CITY OF PUYALLUP Development Services Department

Puyallup City Hall 333 S. Meridian Puyallup WA 98371

TO: City Council

FROM: Development Services staff

DATE: August 28, 2018

RE: Draft ordinance for daytime drop-in centers & overnight shelters:

City Council public hearing of 9/10/19

SUMMARY

On 9/10/19, staff will present a draft ordinance, for City Council’s 1st reading consideration,

related to homeless-serving daytime drop-in centers and overnight shelters. This ordinance

contains revisions to previously-approved code standards in Puyallup Municipal Code (PMC)

Sec. 20.72, which were approved by City Council under Ordinance #3179 on 10/2/18. After

that adoption, Ordinance #3179 was appealed to the State Growth Management Hearings

Board (GMHB), which issued a decision (6/3/19) on the ordinance. As outlined further in this

report, this new ordinance proposes revisions to PMC Sec. 20.72 to address applicable points

from the GMHB decision.

BACKGROUND

During 2017-18, City Council considered potential zoning standards for homeless-serving

daytime drop-in centers and overnight shelters at multiple meetings. The City Planning

Commission had previously forwarded recommendations to City Council on those potential code

standards. City Council’s deliberation included the iterative review of multiple combinations of

allowable zoning map scenarios and various procedural requirements. This work culminated in

City Council’s approval of Ordinance #3179, on 10/2/18, which codified those standards as PMC

Sec. 20.72. In summary, PMC Sec. 20.72 included:

- Use definitions for daytime drop-in centers and overnight shelters

- Requirement of an applicant to hold an upfront pre-application meeting with City staff

and an informational neighborhood meeting with the public

- Provision for facility requests to be processed either as a Conditional Use Permit (CUP)

or, with City Council consent, as a Development Agreement

- Allowance for facilities to be sited in the ML (Limited Manufacturing) zone district

under a CUP or any applicable zone under a Development Agreement

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- Establishment of a 1000’ buffer from various “sensitive uses” (e.g. schools, parks,

daycare/preschool, library, special needs senior care, residential zones) within which such

facilities may not be sited

- A number of procedural submittal requirements for any application, including a Standard

Operating Procedure Plan, Code of Conduct, Safety & Security Plan and Good Neighbor

Agreement.

Subsequently, Homeward Bound in Puyallup appealed that ordinance action to the Growth

Management Hearings Board (GMHB), a State board which hears local legislative land use

appeals. After a hearing and submittal of related briefs, the GMHB issued a decision on 6/3/19,

in which they ruled on nine specific challenges to portions of Ordinance #3179. The decision

upheld the ordinance on six issues, but found in favor of the appellant on three points, which

resulted in an order that the City re-evaluate the Ordinance in order to achieve compliance with

the decision by 10/2/19. In brief, the GMHB decision found that Ordinance #3179 requires

amendment to address:

o The "physically removed" (i.e., isolated or remote) locations of potentially-available

parcels for these uses;

o The sufficiency of pedestrian access to potentially-available parcels for these uses;

o The sufficiency of transit access to potentially-available parcels for these uses;

The Board decision did not specify any minimum amount/location of potentially-available

parcels, nor did it expressly require changes to procedures/submittal requirements under

Ordinance #3179.

PROPOSED CODE REVISIONS

City staff has reviewed the GMHB decision to determine appropriate revisions to the previously-

adopted code standards so as to best address the Board’s findings. These revisions include both

locational (e.g. allowable zone districts, sensitive use buffers) and procedural (e.g. submittal

requirements, appeals) standards. Given this analysis, the proposed new ordinance – for City

Council first reading consideration on 9/10/19 – contains the following proposed amendments to

the previously-adopted PMC Sec. 20.72:

1. Add additional zone districts to ML as potentially-available for these uses under a CUP:

General Commercial (CG), Community Business (CB) and Medical (Med). These

additional zone districts, which accommodate a variety of general commercial,

professional services, lodging, public facility and related uses, are spatially distributed in

other areas of the community to a greater extent than solely the ML zone district cited in

Ord. #3179.

2. Use a 500’ sensitive use buffer vs. the original 1000’ buffer. (NOTE: the draft new code

standards carry on the allowance in Ord. #3179 that affected facilities may be sited on

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portions of a parcel touched by a buffer so long as the facility is outside of the buffer

radius). This reduction in buffer width is intended to address Board concerns with the

effect of Ord. #3179’s 1000’ sensitive use buffers on potentially-available sites.

3. Reduce the required mailed notice for the Informational Neighborhood Meeting from a

full City Council District to 1000’, as well as other minor clarifications to that meeting

requirement.

4. Change the appeal body for a Hearing Examiner decision on a CUP, under this code

section, from City Council to the Appellate Hearing Examiner, thus conforming to the

standard Municipal Code process for appeals of Hearing Examiner decisions.

5. Under the Safety & Security Plan submittal item, specify that requisite City Police Dept.

input on that plan will be forwarded onto eventual permit decision-makers vs. requiring

that the Security Plan be first revised to incorporate that Police feedback.

6. Under the Good Neighbor Agreement (GNA), reduce the required membership of the

GNA Committee and clarify a few other portions of that procedural standard, with the

intent of making it a more workable process.

Based upon the above-cited proposed code revisions (ML, CG, CB, Med zones with 500’

sensitive use buffer), staff has compiled an updated map which depicts potentially-available

parcels (including partial parcels, where applicable) for siting of the subject facilities. This map

is attached to the September 10th Council agenda packet. As shown therein, the total-available

parcels, Citywide, under this scenario are 270; the total available acres, Citywide: 475. That

acreage represents 6.2% of the total zoned land in the City. In addition, City staff performed

further review of transit routes/bus stops and pedestrian/sidewalk facilities in the vicinity of the

newly-available areas to verify that the GMHB concerns about the adequacy of those facilities

are being addressed. That information is also depicted on the map, illustrating the presence of

transit and pedestrian facilities in general proximity to the available areas. As noted in the draft

ordinance, the originally-proposed Development Agreement process option still remains,

allowing the potential consideration of other zone districts/areas of the City for these facilities.

DECISION CRITERIA

Per PMC Sec. 20.91.010, any amendment to Title 20 (City Zoning code) shall be

reviewed given the consistency of said amendment with the goals, objectives and policies of the

City Comprehensive Plan. Potentially applicable policies of the City Comprehensive Plan

include the following policies:

a. Land Use Element Policy LU-1: Establish clear and predictable land use permit

processes that encourage public input and provide consistent application of

regulations.

b. Land Use Element Policy 7.1: Community services, including schools, community

centers and medical centers, should be focused in central locations and/or near transit

centers.

c. Housing Element Policy H-6: Promote a variety of housing for people with special

needs, such as the elderly, disabled, homeless, and single householders.

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d. Housing Element Policy H-6.1: Encourage and support the development of

emergency, transitional and permanent housing with appropriate on-site services for

persons with special needs.

e. Housing Element Policy H-6.2: Encourage the distribution of special needs housing

throughout the City, recognizing that some clustering may be appropriate if in

proximity to public transportation, medical facilities, or other essential services.

f. Housing Policy H-6.6: Work with other jurisdictions and health and social services

organizations to develop a coordinated, regional approach to homelessness.

g. Transportation Element Policy T-3.1: Ensure consistency between land use and the

associated transportation system. Sub-section (a). Coordinate land use and

transportation plans and policies to ensure they are mutually supportive.

h. Transportation Element Policy T-4.4: Increase pedestrian safety, emphasize

connectivity, and reduce operations and maintenance costs through developing

walkways. Sub-section (a). Prioritize pedestrian facilities in the vicinity of schools,

retail districts, community centers, health care facilities, parks, transit stops and

stations, and other pedestrian generators.

The amended zoning standards proposed to be adopted under this ordinance provide more than

double the allowable lands for the potential siting of homeless-serving facilities (via conditional

use permits), relative to comparable areas accommodated under Ordinance #3179, which was the

subject of the appeal. The accompanying map illustrates that those additional parcels are also

located in more centralized (e.g. not concentrated in one peripheral area) portions of the City

relative to those under Ordinance #3179, including the greater East Main vicinity, the Good

Samaritan Hospital district and other locales elsewhere in the community. These additional areas

are also found to have reasonably adequate access to transit and pedestrian facilities, based upon

staff’s inventory/evaluation of current transit lines, bus stops, pedestrian ways (both formal

sidewalks and walkable road shoulders) in those areas. The draft code text also revises certain

procedural and performance standards, which are intended to improve the processing of requests

for homeless-serving drop-in centers and overnight shelters in the community. As such,

amendments proposed to be codified under this draft ordinance are found to be generally

consistent with the intent of the above-cited Comprehensive Plan policies.

SEPA REVIEW

During the aforementioned City process of adopting PMC Sec. 20.72, the City issued two SEPA

Determinations:

- On 6/13/17, the City issued a Determination of Non-Significance (DNS), which pertained

to the non-project action (zoning code text) under consideration at the Planning

Commission public hearing on this topic. That project action cited a range of

potentially-available non-residential zone districts (e.g. commercial, manufacturing), with

a 500’ buffer from sensitive uses.

- On 9/20/18, the City issued an addendum to the above-cited DNS. This addendum

addressed the further code text changes, from that covered in the original DNS, which

were under consideration by City Council at that time (e.g. zone districts, buffers). 48

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The Responsible Official has concluded that the code amendments currently under consideration

by City Council are sufficiently similar in scope to the non-project actions included under the

aforementioned environmental documents such that no separate additional SEPA determination

is warranted at this time.

At the September 10, 2019 public hearing, staff will outline the proposed code amendments in

further detail.

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ORDINANCE NO. ______

AN ORDINANCE of the City Council of the City of Puyallup,

Washington, revising previously-adopted zoning standards for the

permitting of daytime drop-in centers and overnight shelters

intended to serve homeless individuals.

WHEREAS, the Puyallup Land Use Code previously did not have any land use

standards expressly pertaining to overnight shelters, drop-in centers, and similar uses that

provide services to homeless persons, although City Council and City staff spent a considerable

amount of time in various contexts hearing public comment and deliberating on homelessness-

related issues;

WHEREAS, the Planning Commission at its June 14, 2017 meeting held a public

hearing on proposed legislation concerning land use standards expressly pertaining to overnight

shelters, drop-in centers, and similar uses that provide services to homeless persons, and

subsequently approved recommendations to the City Council at the Commission’s June 21, 2017

meeting;

WHEREAS, these recommendations were initially presented to the City Council on July

18, 2017 and August 29, 2017 to begin the process of City Council review of potential zoning

standards relative to drop-in centers and overnight shelters and initial City Council direction was

received relative to proposed zoning text and map standards. That City Council process

continued with staff presentations and Council deliberation on January 23, 2018, April 17, 2018,

May 8, 2018, July 10, 2018, August 21, 2018 and September 11, 2018;

WHEREAS, on October 2, 2018, the City Council approved Ordinance #3179, which

adopted Puyallup Municipal Code Section 20.72, “Homeless Drop-In Centers and Overnight

Shelters”. As reflected in its legislative declarations and findings, Ordinance 3179 was intended

to establish reasonable locational and procedural standards for the siting of pertinent homeless-

serving facilities, either via a Conditional Use Permit or a Development Agreement;

WHEREAS, Homeward Bound in Puyallup, a local non-profit, subsequently appealed

Ordinance #3179 to the Growth Management Hearings Board;

WHEREAS, after reviewing the parties’ briefs and record submissions, the Growth

Management Hearings Board held a hearing on May 1, 2019 and subsequently issued a Final

Decision and Order on June 3, 2019, in which they considered nine distinct challenges to

Ordinance #3179 as contained within the Homeward Bound appeal;

WHEREAS, the Growth Management Hearings Board denied the Homeward Bound

appeal on six of those challenges, but on three of them granted the appeal and held the City out

of compliance, setting October 2, 2019 as the due date for City compliance;

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WHEREAS, the City has diligently reviewed Ordinance #3179 and the Board’s Final

Decision and Order and identified specific amendments to previously-approved Puyallup Code

Section 20.72 which are intended to satisfy the Board decision. This includes adding additional

zone districts (General Commercial, Community Business and Medical) as potentially-available

parcels, and reducing the sensitive use buffer from 1000 feet to 500 feet;

WHEREAS, pursuant to PMC Sec. 20.91.010, the proposed amendments satisfy the

Board’s Decision and are consistent with applicable goals, objectives and policies of the City

Comprehensive Plan;

WHEREAS the amendments being adopted under this ordinance provide more than

double the allowable lands for the potential siting of homeless-serving facilities (via conditional

use permits), relative to comparable areas accommodated under Ordinance #3179, which was the

subject of the appeal. Further, those additional parcels are located in more centralized portions

of the City, including the greater East Main vicinity and other locales. In addition, the City has

specifically reviewed to determine that these additional areas generally have reasonable access to

transit and pedestrian facilities;

WHEREAS in response to Board comments, the amendments also modify certain

procedural and performance standards intended to improve the processing of requests for

homeless-serving drop-in centers and overnight shelters in the community;

WHEREAS, this ordinance is needed to preserve the health, safety, and welfare of the

residents of Puyallup, to provide clear permit procedures for potential applicants for daytime

drop-in center or overnight shelter uses, and to comply with the Board Final Decision and Order;

WHEREAS, on September 10, 2019, the Puyallup City Council held a public hearing to

receive and consider any public testimony on the proposed amendments under this ordinance;

NOW THEREFORE, the City Council of the City of Puyallup ordains as follows:

Section 1. The recitals set forth in the preamble of this ordinance are hereby adopted

as findings of fact supporting the action taken herein.

Section 2. Title 20 of the Puyallup Municipal Code is hereby amended as contained

in Exhibit A to this Ordinance;

Section 3. Publication. A summary of this ordinance shall be published as required

by law.

Section 4. Severability – Construction. If a section, subsection, paragraph, sentence,

clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason by any

court of competent jurisdiction, such decision shall not affect the validity of the remaining

portions of this ordinance unless the invalidity destroys the purpose and intent of this ordinance.

If the provisions of this ordinance are found to be inconsistent with other provisions of the

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Puyallup Municipal Code, this ordinance is deemed to control.

Section 5. Effective Date. This Ordinance shall take effect and be in force five days

after its passage, approval, and publication as provided by law.

Passed and approved by the City Council of the City of Puyallup at a regularly scheduled

open public meeting on the __th day of _______, 2019.

John Palmer

Mayor

Approved as to form: Attest:

Joseph N. Beck Mary Winter

City Attorney City Clerk

Published:

Effective:

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Exhibit A

Chapter 20.72 - AMENDED

HOMELESS DROP-IN CENTERS AND OVERNIGHT SHELTERS

Sections:

20.72.010 Purpose.

20.72.020 Definitions

20.72.030 Applicable procedures.

20.72.040 Applicable zone districts

20.72.050 Other zoning standards

20.72.060 Submittal requirements

20.72.070 Good Neighbor Agreement

20.72.080 Review Procedures

20.72.010 Purpose.

To provide within the Puyallup Municipal Code a reasonable process to meet the need for

daytime drop-in centers and overnight shelters intended to serve homeless persons, and to help

those homeless individuals transition out of homelessness, consistent with state and federal

statutes and laws including the Religious Land Use and Institutionalized Persons Act of 2000

(RLUIPA) while protecting the health, safety and welfare of the community.

20.72.020 Definitions

(1) “Daytime drop-in center” means a center which has a primary purpose of serving homeless

individuals, whose clientele may spend time during day or evening hours, but with no overnight

stays. Services may include counseling and/or medication monitoring on a formal or informal

basis, personal hygiene supplies, facilities for showering, shaving, napping, laundering clothes,

making necessary telephone calls and other basic supportive services. Centers may also

provide meals or facilities for cooking.

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(2) “Overnight shelter” means a facility with overnight sleeping accommodations, the primary

purpose of which is to provide temporary shelter for the homeless in general or for specific

populations of the homeless. Temporary shelter facilities associated with disaster relief are

excluded from this use category. Homeless drop-in center services may also be provided on

the same site during daytime hours.

20.72.030 Applicable procedures.

In addition to any applicable requirements found elsewhere in the Puyallup Municipal Code, the

following procedures apply:

(1) Pre-application Meeting Required. Applicants interested in establishing either a daytime

drop-in center or overnight shelter, pursuant to this section, shall be required to participate in a

pre-application meeting about their proposal with applicable City staff, prior to the submittal of a

formal application for the proposal. This meeting shall follow standard City pre-application

meeting procedures.

(2) Two Process Options: Applications for a daytime drop-in center or overnight shelter, as

provided in this section, shall be processed pursuant to one of the following options.

(a) Development Agreement. A daytime drop-in center or overnight shelter requires

approval of a Conditional Use Permit pursuant to this section unless the City Council

agrees to negotiate a development agreement in response to a formal request from the

applicant. The City Council may by resolution accept or decline to negotiate a

development agreement that would allow a daytime drop-in center or overnight shelter to

be established and constructed pursuant to the provisions of Chapter 36.70B RCW,

PMC Sec. 1.15 and this section. Nothing in this paragraph shall preclude an applicant

from requesting the Director to initiate processing of their application under the

Conditional Use Permit provisions of this section without requesting the City Council to

consider negotiation of a development agreement.

(b) Conditional Use Permit. A daytime drop-in center or overnight shelter requires approval

of a Conditional Use Permit unless the City Council agrees to negotiate a development

agreement pursuant to the process and decision criteria contained in this section. Where

the City Council has not adopted a resolution to initiate negotiation of a development

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agreement to allow a daytime drop-in center or overnight shelter to be established, a

Conditional Use Permit approval shall be processed pursuant to the provisions of PMC

Sec. 20.80 and this section.

(3) Informational Neighborhood Meeting Required. The applicant shall conduct a at least one

public informational meeting within, or close to, the location where the proposed daytime drop-in

center or overnight shelter will be located, within eight weeks following the filing of the subject

application, but prior to completion of a staff report for either a conditional use permit or

development agreement for the proposal. The time and location of the meeting shall be agreed

upon between the city and the applicant. All property owners of parcels within a 1000 foot

radius of the parcel on in the subject City Council District within which the proposed daytime

drop-in center or overnight shelter is proposed shall be notified by mail at least 14 days in

advance of the meeting by the applicant. In addition, notice of the Neighborhood Meeting, in a

sign size and format consistent with applicable City standards, shall be posted in a conspicuous

location on the property on which the facility is proposed at least 14 days prior to the date of the

meeting. Posting of this notice within public right-of-way adjacent to the subject property shall

be considered as meeting this requirement. The intent of this neighborhood meeting is to

facilitate information-sharing by the applicant about the proposed use and to respond to

questions and input from the community.

(4) CUP appeals:

Any appeals of a Conditional Use permit approval from the Hearing Examiner, processed

under this section, shall be to Appellate Hearing Examiner, in accord with the the City Council.

In considering such an appeal, the City Council shall use the review criteria established in PMC

Sec. 2.54.170.

Any party of record for a particular application, consistent with the provisions of PMC Sec. 2.54.

may file an appeal under this section.

20.72.040 Applicable zone districts

Daytime drop-in centers or overnight shelters permitted under this section shall be allowed, via

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a Conditional Use Permit , in the Limited Manufacturing (“ML”), General Commercial (CG),

Community Business (CB), or Medical (MED) zone districts.

20.72.050 Other zoning standards

Any daytime drop-in center or overnight shelter permitted under this section shall be subject to

the following standards:

(1) A finding shall be made that any property containing a daytime drop-in center or

overnight shelter shall have adequate on-site lighting and clear visibility from public rights-

of-way, including the absence of substantive sight-obscuring vegetation and related

obstructions. A finding shall also be made that the proposed facility, whether involving a

new or existing structure, has an adequate internal waiting area to accommodate expected

visitor and client levels without requiring exterior queuing during operating hours.

(2) Buffer Setbacks from Sensitive Uses

Any portion of a daytime drop-in center or overnight shelter facility permitted under this

section shall not be located within 500 1000 feet of a parcel containing any of the following

sensitive uses:

(a) Public or private school, not including a college;

(b) Public park, including public trails;

(c) Public library;

(d) Licensed day care center or licensed preschool facility;

(e) Special needs senior housing facility (e.g., assisted living, rehabilitation

center, retirement apartments);

(f) Any residentially-zoned parcel.

Buffer setbacks do not apply across the Puyallup River.

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(3) A finding that shall be made that any property containing a daytime drop-in center or

overnight shelter shall be in general proximity to public transportation and shall have

adequate on-site parking, unless sited in a zone district which would not otherwise have

an off-street code parking requirement.

20.72.060 Submittal requirements.

Any Conditional Use Permit application, or Development Agreement application if accepted by

City Council pursuant to PMC 20.72.030(2), for a daytime drop-in center or overnight shelter

shall include the following material in order to be considered a complete application:

(1) Site Information: Any Conditional Use Permit or, if applicable, Development Agreement application for a daytime drop-in center or overnight shelter shall include adequate site information (e.g. site plans, building details, vicinity map) as specified on the Conditional Use Permit application form.

(2) In addition to the applicable Conditional Use Permit submittal requirements identified in

PMC Sec. 20.80 and this section or, if applicable, Development Agreement submittal

requirements consistent with PMC Sec. 1.15 and this section, information identified in this

paragraph shall also be included with the respective permit application. All applications for

daytime drop-in center or overnight shelter shall include the following:

(a) A description of the homeless population to be served by the proposed daytime

drop-in center or overnight shelter, dates and times of operation, and associated

occupancy targets.

(b) A statement of the Operator’s experience at providing daytime drop-in center or

overnight shelter, including examples of similar facilities managed by the Operator.

(3) A Standard Operating Procedures Plan including, but not limited to;

(a) A description of how the proposed daytime drop-in center or overnight shelter

will serve the homeless population that will be accommodated by the use;

(b) A description of staffing for the proposed daytime drop-in center or overnight

shelter and the training provided to staff hired to fulfill the identified staffing demand;

(c) A description of the anticipated providers that will serve the population that will

be accommodated by the daytime drop-in center or overnight shelter;

(d) A description of the proposed area around the site where the Code of Conduct

and applicable sections of the Safety and Security Plan will apply;

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(e) A map of proposed travel routes that the Operator will suggest individuals use

when seeking access to the daytime drop-in center or overnight shelter;

(f) A description of the procedures used to manage intake of the homeless

population that is proposed to be served;

(g) A plan for encouraging prospective occupants to provide personal identification

for inclusion in the Homeless Management Information System (HMIS) to help

increase opportunities to provide access to housing and services and to secure

public funding for the proposed Homeless Services Use;

(h) Where applicable, a plan to ensure that school-aged residents of the use are

enrolled in school during their stay;

(i) Identification of a primary point of Operator contact for assistance and referrals to

send homeless individuals seeking services;

(j) A plan for managing exterior appearance of the proposed daytime drop-in center

or overnight shelter, including trash/litter, hazardous materials, and biohazards in

the vicinity of the site;

(k) A description of how the Operator will inform and educate occupants of the

daytime drop-in center or overnight shelter regarding the Code of Conduct; and

(l) A description of consequences to be imposed for violating the Code of Conduct.

(4) A Code of Conduct that applies within the vicinity to all individuals granted access to

the proposed daytime drop-in center or overnight shelter including, but not limited to:

(a) Respect the rights of property owners to restrict access to areas of their property

that are not open to the public;

(b) Use Operator-suggested routes of travel to access the daytime drop-in center or

overnight shelter;

(c) Maintain the site aesthetics;

(d) Respect state law restrictions on smoking and use designated smoking areas

where provided;

(e) Comply with City of Puyallup regulations governing public conduct (including but

not limited to the prohibition on public camping, loitering, trespassing, panhandling,

etc.); and

(f) Comply with terms of Good Neighbor Agreement provisions that apply to

occupants of the daytime drop-in center or overnight shelter Use.

(5) A Safety and Security Plan describing measures that the Operator will employ to

promote the safety of drop-in center or shelter occupants and surrounding residents and

businesses, including but not limited to:

(a) Criteria for rejection or removal of an individual seeking access to the proposed

daytime drop-in center or overnight shelter;

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(b) A plan for deployment (including time, place and manner) of security patrols;

(c) A plan to address disruptive behavior within a daytime drop-in center or

overnight shelter and in the area that infringes on the safety of occupants or

employees of the use, and a description of the consequences for engaging in

disruptive behavior;

(d) A plan for managing loitering, panhandling, and unpermitted camping in the area

of the daytime drop-in center or overnight shelter;

(e) Identification of site specific magnet areas (e.g., greenbelts, parks, libraries,

transit facilities, etc.) and a plan to address behavior that is inconsistent with the

Code of Conduct and Puyallup City Code;

(f) Implementation of registered sex offender background checks and compliance

with applicable registration and notification requirements;

(g) A plan for managing individuals excluded from accessing the proposed daytime

drop-in center or overnight shelter;

(h) A plan for coordination between the Operator, City of Puyallup Police, Central

Pierce Fire & Rescue and any private security forces employed by surrounding

property and business owners;

(i) A plan for coordination and communication between the Operator, Puyallup

Police, and other local and regional law enforcement agencies to ensure timely

information sharing between agencies;

(j) A plan for coordination with state and local law enforcement to ensure

compliance with conditions of parole, probation, or community custody, including but

not limited to any residency restrictions;

(k) Provision of a phone number and point of contact at the site of the proposed

daytime drop-in center or overnight shelter for the community to report concerns;

(l) A plan for addressing reported concerns and documenting resolution, and

making this information publicly available; and

(m) Identification of performance metrics that will be used to track compliance with

the Safety and Security Plan.

(n) The Puyallup Police Department shall specifically review the Safety & Security

Plan as submitted by the applicant. The Police will also review site information

related to “CPTED” (Crime Prevention Through Environmental Design) factors, as

required in PMC Sec. 20.72.050(1). Any Police Departments comments on said

Safety & Security Plan shall become part of the record and shall be provided to the

decision makers be incorporated into an updated version of the Plan which is part of

the record for the Conditional Use Permit or Development Agreement public

hearing.

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20.72.070 Good Neighbor Agreement

In addition to the submittal requirements specified in PMC Sec. 20.72.060, any proposal under

this section shall be subject to the following Good Neighbor Agreement Advisory Committee

process and resultant Good Neighbor Agreement.

(1) Purpose. The purpose of a GNA Advisory Committee formed under the terms of this

section is to foster communication between the community and daytime drop-in center or

overnight shelter operators by:

(a) Dedicating the time necessary to represent community, neighborhood and

Citywide interests in the daytime drop-in center or overnight shelter approval

process:

(b) Ensuring that issues of importance are identified early in the daytime drop-in

center or overnight shelter approval process while there is still time to address

design issues while minimizing cost implications;

(c) Considering the neighborhood and land uses within which the daytime drop-in

center or overnight shelter is proposed;

(d) Helping guide daytime drop-in center or overnight shelter design to ensure that

specific neighborhood conditions are considered and design is context sensitive by

engaging in ongoing dialogue with the Operator and the City during permit review;

and

(e) Ensuring the GNA Advisory Committee participation is streamlined and

effectively integrated into the daytime drop-in center or overnight shelter permit

process to avoid delays that jeopardize funding or place people experiencing

homelessness at risk.

(2) GNA Membership. Following submittal of a valid Conditional Use Permit or

Development Agreement application, the Director shall constitute a Staff Technical

Support Team and GNA Advisory Committee:

(a) Staff Support Team to work with the GNA Advisory Committee. The Director

shall consult with department heads in relevant City departments to identify staff

that will represent the City on the GNA Advisory Committee in a neutral manner

(free of self-interest). One City staff person will act as a neutral facilitator for the

GNA Advisory Committee. Other City representatives shall represent other

applicable interests (e.g. Police, land use).

(b) Member Composition. It is the responsibility of the Director to constitute the GNA

Advisory Committee in a timely manner upon submittal of a valid application.

Membership should be composed of individuals meeting the below-described

locational or subject matter expertise requirements. A single individual may be

identified to represent more than one of the roles requiring subject matter expertise.

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(i) Up to a maximum total of three eight residents that live within the City

of Puyallup who reside within one-quarter mile of the proposed daytime

drop-in center or overnight shelter who will represent residents in the

vicinity. Participation priority should be given to those residents living in

closest proximity to the proposed daytime drop-in center or overnight

shelter.

(ii) If school-age children are expected to be served by the daytime

drop-in center or overnight shelter, a representative of the Puyallup

School District shall be invited to participate on the GNA Advisory

Committee to represent the K-12 student perspective.

(iii) Up to twothree representatives from businesses located within one-

quarter mile of the proposed daytime drop-in center or overnight shelter

who will represent business interests in the vicinity. Participation priority

should be given to those representatives of businesses located in

closest proximity to the proposed daytime drop-in center or overnight

shelter.

(iv) One representative of the proposed daytime drop-in center or

overnight shelter Operator.

(v) One representative of the agencies or organizations identified as a

Provider (providing support services) for the proposed daytime drop-in

center or overnight shelter.

(vi) Up to one representative of the population of individuals who has

experienced homelessness in the past, or is currently experiencing

homelessness, and is willing to serve on the GNA Advisory Committee.

(vii) Up to one representative of the human service community with a

background in the provision of human services in Pierce County.

(c) Member Commitment. Members of the GNA Advisory Committee are expected

to:

(i) Be reliable and available to attend meetings of the GNA Advisory

Committee;

(ii) Bring subject matter expertise regarding issues related to

homelessness or unique knowledge of a proposed site to help inform

the Committee’s work;

(iii) Accept different perspectives and ideas, and be willing to learn and

share rather than just advocate for a position;

(iv) Steer conflict toward positive and creative results;

(v) Contribute to completion of the GNA Advisory Committee scope of

work described in this section; and

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(vi) Understand that consensus is not required, and that failure of the

group to reach agreement will not be grounds for denial of a permit

application.

(3) Scope of GNA Advisory Committee Work. The scope of work for the GNA Advisory

Committee is intended to support the GNA Advisory Committee purpose described in this

section. The GNA Advisory Committee is advisory to the decision maker for the

development agreement or and Conditional Use Permit processes identified for a specific

daytime drop-in center or overnight shelter, and its scope includes:

(a) Becoming informed on the proposed daytime drop-in center or overnight shelter

Standard Operating Procedures and project design;

(b) Participating in context setting to describe the community within which the

daytime drop-in center or overnight shelter is proposed to be located;

(c) Providing early and ongoing advice to the daytime drop-in center or overnight

shelter Operator on how to incorporate appropriate design into the proposed

project;

(d) Providing advisory guidance to permit decision makers as described in more

detail below regarding daytime drop-in center design and operational concerns

prior to any recommendation from the Director on a development agreement or

Conditional Use Permit proposal;

(e) Collaborating with the Operator to establish a plan for communications, and

engagement in any ongoing communication between the Operator and neighbors

after the use is established, constructed and operational; and

(f) Collaborating with the Operator to consider and evaluate metrics for success of

the shelter operations, including security, sanitation, and transitioning shelter

clients out of homelessness.

(4) Involvement Process - Timing, Focus of Involvement, and Work Product.

(a) Process Summary. The GNA Advisory Committee process is intended to be

aligned with the daytime drop-in center or overnight shelter permit process to

optimize process efficiency and funding predictability.

(b) Timing of GNA Advisory Committee Involvement.

(i) The GNA Advisory Committee process should occur early in the

process to avoid delays that jeopardize participation in funding cycles,

require shelters to operate under emergency declarations or place

homeless individuals at risk.

(ii) The actual timing of GNA Advisory Committee review and

participation will be scheduled by the facilitator to ensure that GNA

Advisory Committee input is consolidated into the applicable city

application review and recommendation process, and provided to the

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decision makers for the respective permit public hearing as described

in this section.

(iii) The GNA Advisory Committee will be dissolved once its scope of

work has been completed.

(c) Work Product. The work of the GNA Advisory Committee review phase shall

culminate in an Advisory Document or Good Neighbor Agreement that describes

the phase of review and GNA Advisory Committee feedback consistent with the

scope of work described in this section. City staff will support the GNA Advisory

Committee preparation of this work product.

20.72.080 Review Procedures

(1) Decision Criteria applicable to Development Agreements and Conditional Use

Permits for a daytime drop-in center or overnight shelter. The City may approve or

approve with modifications a development agreement or conditional use permit

application for a daytime drop-in center or overnight shelter if the applicant demonstrates

that:

(a) A Conditional Use Permit proposal complies with the criteria of PMC Sec.

20.80;

(b) The proposal complies with other applicable requirements of the Puyallup

Municipal Code;

(c) The proposal includes a Standard Operating Procedure plan meeting the

requirements of this section:

(d) The proposal includes a Code of Conduct meeting the requirements of this

section;

(e) The proposal includes a Safety and Security Plan meeting the requirements

of this section and incorporating the feedback provided by the Puyallup Police

Department;

(f) The input of the GNA Advisory Committee developed pursuant to this section

has been integrated into the daytime drop-in center or overnight shelter proposal,

to the maximum extent feasible; and

(g) The proposal addresses all applicable design guidelines and development

standards of this section and any other applicable zone district standards in a

manner which fulfills their purpose and intent.

(2) Minimum required notice and public engagement procedures for daytime drop-in

center or overnight shelter shall specifically include the following:

(a) Notice of the Informational Neighborhood Meeting shall be provided pursuant

to this section and prospective members of the GNA Advisory Committee shall

be invited to attend. Required mailed notice for that meeting shall include the

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owners of real property for the City Council District in which the facility is

proposed;

(b) Notice of Application for a Conditional Use Permit or Development

Agreement to establish a daytime drop-in center or overnight shelter shall occur

pursuant to established City procedures;

(c) Hearing Examiner and City Council public hearings on the Conditional Use

Permit or Development Agreement request, respectively, shall be noticed

pursuant to established City procedures.

(3) Mitigation Measures. The City may impose conditions relating to the development,

design, use, or operation of a daytime drop-in center or overnight shelter to mitigate

environmental, public safety, or other identifiable impacts.

(4) Public Hearing and Appeals

(a) Development Agreements. Public Hearings on Development Agreements

applied for to establish a daytime drop-in center or overnight shelter shall be

held by the City Council pursuant to Chapter 36.70B RCW, PMC Sec. 1.15

and adopted City Council rules of procedure.

(b) Conditional Use Permits. Public Hearings on Conditional Use Permits

applied for to establish a daytime drop-in center or overnight shelter shall be

held by the Hearing Examiner pursuant to PMC Sec. 20.80 and other

applicable City procedures. Any appeals of Hearing Examiner decisions

pursuant to this section shall be heard by the Appellate Hearing Examiner City

Council .

(5) Modifications to an approved daytime drop-in center or overnight shelter.

Conditions of approval for a daytime drop-in center or overnight shelter apply for the life

of the project. Any proposed minor additions or modifications to an approved daytime

drop-in center or overnight shelter which conform to PMC Sec. 20.80.031 may be

processed administratively, whether originally approved via Conditional Use Permit or

Development Agreement. Any more substantive modifications to an approved daytime

drop-in center or overnight shelter shall be processed as a new Conditional Use Permit

or Development Agreement, as applicable.

(6) Revocation of an approved Conditional Use Permit. Upon cause shown, the

Hearing Examiner may revoke a Conditional Use Permit approved under this section

pursuant to the terms of Sec. 20.80.040 or based upon a finding that the permitted

facility is not compliant with applicable conditions or is otherwise injurious to the public

health, safety or welfare.

(7) Abandonment. Any established daytime drop-in center or overnight shelter

established under this section that is abandoned for a continuous period of one year or

more shall not be permitted to be re-established, except as allowed in accordance with

the standards and requirements for a new or expanding use in this section.

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City Council Agenda Item Report

Submitted by: Barbara LopezSubmitting Department: FinanceMeeting Date: 9/10/2019

Subject:First Reading of an ordinance amending the 2019 Budget

Presenter:Barbara Lopez, Finance Director

Recommendation:Approve first reading of an ordinance amending the 2019 Budget.

Background:This is primarily a housekeeping item. The ordinance provides adjustments to the 2019Budget as authorized by RCW 35A.33.120. The amendments reflect changes that haveoccurred since City Council adoption of the 2019 Budget via Ordinance No. 3181, and theamendments adopted in Ordinance No. 3190. Most of these adjustments have already beenapproved by prior Council action. Changes that Council has not yet approved are indicated as"pending" in the approval date column in Exhibit B and are each explained in detail below.

Categories by Type: 1. Previously Approved by Council action. Nearly all necessary changes fall into thisgrouping. Typical examples are new revenues, new appropriations, and adjustments to actualbased on better information. Approval date is indicated. This category includes an adjustmentto move funds from the Motel Tax Fund to the Facility Projects Fund for the construction ofthe Meridian Cross Street Banner and an increase of $1,500,000 in FHWA Grant Funds forthe Milwaukee Bridge Replacement Project. Other previously approved items include theacceptance of a $30,000 Kiwanis donation to revamp the children’s section at the PuyallupLibrary, a $20,000 WATPA Grant for the purchase of an automated license plate reader, a$22,726 Emergency Management Performance Grant, $21,654 in WTSC grant funds to beused for pedestrian safety, and $22,205 in WATSC funds to be used for traffic safety patrols.These changes account for $1,984,854 in expenditures and related transfers.

2. Project Continuation. These changes move the unexpended portion of projects previouslyapproved by Council into the current year. There are none of these in this ordinance.

3. Technical adjustments have not yet been specifically approved by Council but areconsistent with prior Council direction. They update the budget based on improvedinformation or relate to necessary expenditures that were not provided for previously or were

66

classified incorrectly. An adjustment of $185,000 was made to reflect the revenue receivedfrom the WA State Criminal Justice Training Commission for a Puyallup Police Officerinstructing at the State’s Basic Law Enforcement Academy. Budgeted revenue was alsoincreased for the Seizure and Forfeiture Fund and the Traffic Impact Fees within the ArterialStreet Fund based on higher actuals. $375,000 was moved out of a Street Fund capital projectback to the LIFT Grant Fund to reserve those monies for other capital projects. Also adjustedin June was the delaying of two Water Fund capital projects to align with fund balancing.These changes account for a total of $1,193,350.

4. Project Transfers. A fourth type of adjustment is the transfer of budget authority betweenprojects. It is common for projects to vary from engineer estimates. While it is within theauthority of the City Manager to transfer budgets between programs within funds by statelaw, the City Manager believes it is in the best interest of transparency to disclose thesetransfers. Budgets are transferred from projects where it is no longer needed and applied toprojects that have seen costs higher than earlier estimates. In all such cases these transfersremain within the total expenditures previously authorized by Council, by fund, as required bylaw. This ordinance transfers $100,000 from N Levee Rd Overlay to Shaw Rd 12th to 23rd,$660,000 from N Levee Rd Overlay to Shaw Rd 23rd to Manorwood, $75,000 from theTraffic Calming Program to the 5th & Main Curb Widening project, $73,419 from theCorporate Yards Decant Facility to E Main-Deer Creek project, $605,324 from Sewer SystemImprovements to the 6th & 7th Ave NW Alleys project, and $40,000 from Street Repair &Replacement to the 6th & 7th Ave NW Alleys. It also includes $48,000 being transferred intothe Parks, Rec, & Open Space Plan; $30,000 from Parks Equipment & Minor Projects, and$18,000 from the Rec Open Space Bond Con Survey. The net effect of these changes is zero.

5. Recommended Adjustments are those that Council has not yet specifically approved butare consistent with prior Council direction. The current recommended adjustments includeincreasing the City Council Admin travel budget by $15,500 to allow the Council to attendthe NLC Summit in San Antonio, Texas. Also included in this ordinance are the $52,000increase to complete the OCourts project, $75,000 for homeless encampment cleanup, and$114,934 for additional scope by the Public Safety Building consultant MacKenzie. TheSewer Fund portion of the 9th Ave SW Meridian-5th project was increased by $375,000.These changes account for a total of $632,434 in new expenditures.

Authorized FTE Adjustment: One (1) School Resource Officer position was converted toSchool Resource Sergeant position with no additional budgeted expenditures needed for thisyear. No additional FTE’s were added.

Previous Actions (Discussions/Presentations):The 2019 Budget was adopted by Ordinance No. 3181 on November 27, 2018 and amendedby Ordinance No. 3190 on May 14, 2019. This is the second ordinance amending the 2019Budget this year.

Summary of Proposal:This ordinance formally amends the 2019 budget consistent with prior Council direction. 67

Nearly all changes have already been approved by prior Council action, but not in ordinanceform.

Alternatives/Options:Any amendments to the budget made during the year may be adopted by a series of budgetamendment ordinances. The best management practice--and preferred approach by the Stateauditor--is to have all adjustments adopted by ordinance by year-end.

We have found it to be more efficient to collect various budget amendments and combinethem into budget adjustment ordinances periodically. This practice reduces the number ofordinances, and therefore the impacts on Legal and Finance staff as well as the Council.Furthermore, it makes for a much clearer trail of changes for the auditors to review duringtheir accountability and compliance audit each year.

Council Direction:

Fiscal Impacts:

ATTACHMENTS2019 Budget Amendment Ordinance Second Adjustment2019 Second Budget Adjustments Summary Report Exhibit A2019 Second Budget Adjustments Details Report Exhibit B

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ORDINANCE NO. __________

AN ORDINANCE of the City of Puyallup, Washington, relating to municipal finance, amending the 2019 budget adopted by Ordinance No. 3181, and amended by Ordinance No. 3190, and authorizing certain expenditures in the amounts specified in this ordinance to conform with previous direction provided by the City Council

Whereas, the City Council is authorized to amend the City’s budget within the limitations set forth in RCW 35A.33.120; and

Whereas, the City Council finds that current revenue and expenditure reports for the City differ from forecasts used to create the 2019 Budget enacted by Ordinance No. 3181 and amended by Ordinance No. 3190; and

Whereas, the City Council finds that such differences justify certain adjustments regarding obligations incurred and expenditures of revenues for the 2019budget; and

Whereas, the City Council finds that any increases, decreases, revocations or recalls set forth herein are in the best interests of the City;

NOW THEREFORE, THE CITY COUNCIL FOR THE CITY OF PUYALLUP ORDAINS AS FOLLOWS:

Section 1. Findings. Each and every of the findings expressed in the recitals to this ordinance are hereby adopted and incorporated herein.

Section 2. Amendments to 2019 Budget. The 2019 Budget, originally approved by Ordinance No.3181, passed on November 27, 2018 and amended by Ordinance No. 3190, passed on May 14, 2019, is amended as summarized in Exhibit A reflecting detailed changes itemized in Exhibit B:

a. Authorized FTE Adjustment

One (1) School Resource Officer position was converted to School Resource Sergeant position with no additional budgeted expenditures needed for this year. No additional FTE’s were added.

Section 3. Ratification and Confirmation. All acts taken by City officers and staff prior to the enactment of this ordinance that are consistent with and in furtherance of the purpose or intent of this ordinance are hereby ratified and confirmed by the City Council.

Section 4. Severability – Construction. If a section, subsection, paragraph, sentence, 69

Ordinance ______2019 Budget Amendment No. 1

Page 2

clause or phrase of this ordinance is declared unconstitutional or invalid for any reason by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. If the provisions of this ordinance are found to be inconsistent with other provisions of the Puyallup Municipal Code, this ordinance deems control.

Section 5. Effective Date. This ordinance shall take effect and be in full force, five (5) days after its passage, approval and publication according to law.

PASSED at an open public meeting by the City Council for the City of Puyallup on the

__________ day of ____________________, 2019.

___________________________John PalmerMayor

Approved as to form: Attest:

_________________________________ ______________________________Joseph N. Beck Mary WinterCity Attorney City Clerk

Published: ____________________________

Effective:______________________________

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Exhibit A - Budget Adjustment Summary for 2019 Second Budget AdjustmentFund Description Begin Revenues Trfs In Expenses Trfs Out End

0 271,585 30,000 162,154 0 139,431General Fund0 30,000 0 0 30,000 0Donations to Puyallup0 10,870 0 0 0 10,870Seizure and Forfeits0 0 0 0 191,600 -191,600Motel Tax Fund0 0 0 0 -375,000 375,000LIFT Grant Fund0 500,000 0 0 0 500,000Street Fund Operations0 1,500,000 -375,000 1,125,000 0 0Street Projects0 0 0 0 0 0Capital Improvement Projects0 0 0 0 114,934 -114,934Facility/Civic Ctr Projs0 0 306,534 306,534 0 0Facility Projects0 0 0 0 -818,350 818,350Water Operations0 0 -818,350 -818,350 0 0Water Projects0 0 0 0 375,000 -375,000Sewer Operations0 0 375,000 375,000 0 0Sewer Projects0 0 0 0 0 0Storm Projects0 0 0 0 0 -52,000Info Tech & Communication0 0 0 52,000 0 0IT Projects

0 2,312,455 -481,816 1,202,338 -481,816 1,110,117Grand Total

Wednesday, August 28, 2019 Page 1 of 1

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Exhibit B - Budget Adjustment Details for 2019 Second Budget AdjustmentFund Description Approval Date Begin Revenues Trfs In Expenses Trfs Out End

General FundsGeneral Fund

ApprovedPedestrian Safety -WATSC Grant 0 21,654 0 21,654 0 020181002Traffic Safety Patrols -WATSC Grant 0 22,205 0 0 0 22,20520181002Emergency Mgmt Performance Grant 0 22,726 0 0 0 22,72620181204Automated License Plate Reader-WATPA Grant 0 20,000 0 20,000 0 020190604Remodel Children's Area at Library-Kiwanis Donation 0 0 30,000 30,000 0 020190709

Technical AdjustmentWSJTC Instructor Contract 0 185,000 0 0 0 185,000Pending

Recommended ChangeHomeless Encampment Cleanup 0 0 0 75,000 0 -75,000PendingNLC Summit for Council Members 0 0 0 15,500 0 -15,500Pending

0 271,585 30,000 162,154 0 139,431Total General Fund

Donations to PuyallupApprovedRemodel Children's Area at Library-Kiwanis Donation 0 30,000 0 0 30,000 020190709

0 30,000 0 0 30,000 0Total Donations to Puyallup

0 301,585 30,000 162,154 30,000 139,431Total General Funds

Special Revenue FundsSeizure and Forfeits

Technical AdjustmentIncreased Seizure Revenue Based on Actuals 0 10,870 0 0 0 10,870Pending

0 10,870 0 0 0 10,870Total Seizure and Forfeits

Motel Tax FundApprovedMotel Tax for Meridian Cross Street Banner 0 0 0 0 191,600 -191,60020190514

Wednesday, August 28, 2019 Page 1 of 4

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Fund Description Approval Date Begin Revenues Trfs In Expenses Trfs Out End

0 0 0 0 191,600 -191,600Total Motel Tax Fund

LIFT Grant FundTechnical AdjustmentReserve LIFT Money for Other Projects 0 0 0 0 -375,000 375,000Pending

0 0 0 0 -375,000 375,000Total LIFT Grant Fund

0 10,870 0 0 -183,400 194,270Total Special Revenue Funds

Capital Project FundsStreet Fund Operations

Technical AdjustmentIncreased Traffic Impact Fees Based on Actuals 0 500,000 0 0 0 500,000Pending

0 500,000 0 0 0 500,000Total Street Fund Operations

Street ProjectsApprovedMilwaukee Bridge Replacement-FHWA Grant-Loan 0 1,500,000 0 1,500,000 0 020190416

Project TransfersTo 5th & Main Curb Widening 0 0 0 75,000 0 0PendingFrom N Levee Rd Overlay 0 0 0 -760,000 0 0PendingFrom Street Repair and Replacement 0 0 0 -40,000 0 0PendingFrom Traffic Calming 0 0 0 -75,000 0 0PendingTo 6th & 7th Ave NW Alleys 0 0 0 40,000 0 0PendingTo Shaw Rd; 12th to 23rd 0 0 0 100,000 0 0PendingTo Shaw Rd; 23rd to Manorwood 0 0 0 660,000 0 0Pending

Technical AdjustmentReserve LIFT Money for Other Projects 0 0 -375,000 -375,000 0 0Pending

0 1,500,000 -375,000 1,125,000 0 0Total Street Projects

Capital Improvement ProjectsProject TransfersFrom Parks Equipment and Minor Projects 0 0 0 -30,000 0 0PendingFrom Rec Open Space Bond Con Survey 0 0 0 -18,000 0 0PendingTo Park, Recreation, and Open Space Plan 0 0 0 48,000 0 0Pending

Wednesday, August 28, 2019 Page 2 of 4

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Fund Description Approval Date Begin Revenues Trfs In Expenses Trfs Out End

0 0 0 0 0 0Total Capital Improvement Projects

Facility/Civic Ctr ProjsRecommended ChangeAddl Scope for Public Safety Bldg-MacKenzie 0 0 0 0 114,934 -114,934Pending

0 0 0 0 114,934 -114,934Total Facility/Civic Ctr Projs

Facility ProjectsApprovedMotel Tax for Meridian Cross Street Banner 0 0 191,600 191,600 0 020190514

Recommended ChangeAddl Scope for Public Safety Bldg-MacKenzie 0 0 114,934 114,934 0 0Pending

0 0 306,534 306,534 0 0Total Facility Projects

0 2,000,000 -68,466 1,431,534 114,934 385,066Total Capital Project Funds

Enterprise FundsWater Operations

Technical AdjustmentMoved Project Out to Align with Fund Balance 0 0 0 0 -818,350 818,350Pending

0 0 0 0 -818,350 818,350Total Water Operations

Water ProjectsTechnical AdjustmentMoved Project Out to Align with Fund Balance 0 0 -818,350 -818,350 0 0Pending

0 0 -818,350 -818,350 0 0Total Water Projects

Sewer OperationsRecommended ChangeIncrease Sewer aspect of 9th Ave SW; Meridian-5th 0 0 0 0 375,000 -375,000Pending

0 0 0 0 375,000 -375,000Total Sewer Operations

Sewer ProjectsProject TransfersFrom System Improvements 0 0 0 -605,324 0 0Pending

Wednesday, August 28, 2019 Page 3 of 4

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Fund Description Approval Date Begin Revenues Trfs In Expenses Trfs Out End

To 6th & 7th Ave NW Alleys 0 0 0 605,324 0 0Pending

Recommended ChangeIncrease Sewer aspect of 9th Ave SW; Meridian-5th 0 0 375,000 375,000 0 0Pending

0 0 375,000 375,000 0 0Total Sewer Projects

Storm ProjectsProject TransfersFrom Corporate Yards Decant Facility 0 0 0 -73,419 0 0PendingTo E Main - Deer Creek 0 0 0 73,419 0 0Pending

0 0 0 0 0 0Total Storm Projects

0 0 -443,350 -443,350 -443,350 443,350Total Enterprise Funds

Internal Service FundsInfo Tech & Communication

Recommended ChangeTo Complete OCourt Project 0 0 0 0 0 -52,000Pending

0 0 0 0 0 -52,000Total Info Tech & Communication

IT ProjectsRecommended ChangeTo Complete OCourt Project 0 0 0 52,000 0 0Pending

0 0 0 52,000 0 0Total IT Projects

0 0 0 52,000 0 -52,000Total Internal Service Funds

0 2,312,455 -481,816 1,202,338 -481,816 1,110,117Grand Total

Wednesday, August 28, 2019 Page 4 of 4

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City Council Agenda Item Report

Submitted by: Robyn BuckSubmitting Department: EngineeringMeeting Date: 9/10/2019

Subject:Adopt a resolution approving the final plat of Stewart Crossing Phases 5-7

Presenter:Hans Hunger, P.E., City Engineer

Recommendation:Adopt a resolution approving the final plat of Stewart Crossing Phases 5-7, consisting of 130single family lots, and authorize the Mayor to sign the final plat.

Background:Stewart Crossing Phases 5-7 is a single family housing subdivision located at 2800 Block ofWest Stewart. The Puyallup hearing examiner approved the Preliminary Plat on June 25, 2013to be constructed in six phases: Phase 1A and 1B, consisting of 118 lots and 35 lotsrespectively; Phase 2 consisting of 49 lots; Phase 3 consisting of 36 lots; Phase 4 consisting of52 lots; Phase 5 consisting of 38 lots; and Phase 6 consisting of 40 lots. Upon recording ofPhase 1A, Phase 1B was renamed to Phase 2 and all of the subsequent phases were renamedaccordingly; original Phase 3 is Phase 4, original Phase 4 is Phase 5, original Phase 5 is Phase6, original Phase 6 is Phase 7.

Per State and local codes, multiple steps are involved in the subdivision process. Followingpreliminary plat approval, the developer receives permits for major site work (e.g. grading,street/utility installation, stormwater detention, etc.). After satisfactory completion of the sitedevelopment, the applicant can apply for final plat approval. Upon City Council approval, thefinal plat is recorded, which formally creates the individual lots, allowing unit-by-unit homeconstruction to commence.

The utilities and roadways within Stewart Crossing Phases 5-7 have been constructed, testedand inspected by Engineering Department staff. All conditions set by the Puyallup hearingexaminer in the June 25, 2013 Notice of Decision have either been met, or surety assignmentshave beenposted to guarantee their completion.

Alternatives/Options:According to the regulations by which plats are applied for and authorized, staff has reviewedthe final plat and determined that it substantially conforms with the preliminary plat as

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required. The applicant has either met all standards established by state law and PuyallupMunicipal Code, or has posted surety guaranteeing the completion of all necessary sitedevelopment work. The City Council cannot modify the plat or impose additional conditionsat this stage.

Council Direction:

Fiscal Impacts:None.

ATTACHMENTSResolution - Stewart Crossing Ph 5-7Staff Report for Stewart Crossing Ph 5-7Exhibit A

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Resolution No. ____ - Page | 1

RESOLUTION No. _______

A RESOLUTION OF THE CITY OF PUYALLUP, WASHINGTON, approving the final plat of Stewart Crossing Phases 5-7 subject to the conditions contained herein.

WHEREAS, under Chapter 19.08 of the Puyallup Municipal Code, the City’s Hearing Examiner is given authority to review and approve preliminary plat applications; and

WHEREAS, on June 25, 2013 the Hearing Examiner approved the preliminary plat of Stewart Crossing Phases 5-7 pursuant to chapter 21.06 PMC; and

WHEREAS, the Development Services Division has confirmed that the proposed final plat of Stewart Crossing Phases 5-7, as conditioned, satisfies all conditions of the Hearing Examiner preliminary plat approval and meets zoning requirements; and

WHEREAS, all utility and street improvements have been inspected by the Engineering Services Division staff and are substantially complete. The Review Engineer has reviewed and approved the financial surety provided by the Developer guaranteeing the remaining items will be completed in accordance with this Resolution.

WHEREAS, pursuant to Puyallup Municipal Code 19.08.170, the City Council is authorized to issue final plat approval, and staff recommends final approval be granted for the plat addressed herein;

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUYALLUP AS FOLLOWS:

Section 1. Finding. As required by RCW 58.17.195 and PMC 19.08.170, the City Council finds that the proposed Stewart Crossing Phases 5-7 subdivision is in conformity with applicable City zoning and other land use controls as such exist on the date of this resolution.

Section 2. Approval. The final plat of Stewart Crossing Phases 5-7 is herebyapproved subject to the following conditions:

a. The street survey monuments, utility grade adjustments, second lift of asphalt, andsidewalks must be completed within eighteen (18) months of final plat approval,or when 90% of the homes are constructed within the plat (as assignment of fundsis on file with the Engineering Services Division to guarantee completion of theinfrastructure improvements);

b. The punchlist must be completed within sixty (60) days of final plat approval (asurety is on file with the Engineering Services Division to guarantee completionof the infrastructure improvements);

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Resolution No. ____ - Page | 2

c. Maintenance of the public infrastructure is guaranteed by the developer for a one-year period from the date of final construction approval/acceptance and proper surety is on file with the Engineering Services Division;

d. Street trees and landscaping, as proposed within this development for planting strips abutting residential building lots shall be planted upon completion of the sidewalks (an Assignment of Funds is on file with the Planning Division to guarantee completion). The Assignment of Funds or portion thereof for these trees shall be released upon a finding of healthy establishment and following completion of a full growing season after planting;

e. The stormwater pond outlet structure shall be adjusted to increase the available pond capacity to accommodate the final 40 lots of Phase 7 (an Assignment of Funds is on file with the Engineering Services Division to guarantee completion of the pond outlet adjustments).

Section 3. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution.

Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed.

Section 5. Corrections. The City Clerk is authorized to make necessary corrections to this resolution and the City Engineer is authorized to make necessary corrections to the final plat including, but not limited to, the correction of scrivener’s/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto.

Section 6. Effective Date. This resolution shall take effect and be in force immediately upon its passage.

ADOPTED by the City Council of the City of Puyallup, Washington, this 10th day of September, 2019 and signed in authentication thereof this 10th day of September, 2019.

______________________________ John Palmer, Mayor

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Resolution No. ____ - Page | 3

ATTEST:

_________________________________Mary Winter, City Clerk

APPROVED AS TO FORM:

_________________________________Joseph N. Beck, City Attorney

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STAFF REPORT

To: Mayor and City Council

From: Mark Higginson, P.E., Senior Engineer

Re: Adjacent Neighbor Concerns

Prior to preliminary plat, the development team had conversations with the following neighbors adjacent

to the plat:

Karla Struble- Stormwater drainage along Ms. Struble’s westerly property line was accommodated by the

installation of a stormwater catch basin which connects to an interceptor ditch with perforated pipe and

ultimately discharges to the Stewart Crossing Phase 5-7 storm system through an easement.

However, in Sept. of 2018, Ms. Struble separately contacted the original developer, Soundbuilt Homes

(Kurt Wilson) and the City (City Engineer, Hans Hunger), and discussed the potential of connecting her

parcel to the new sanitary sewer being constructed in Stewart Crossing Phase 5-7.

At that time, the preliminary plat documents were approved and the contractor, Lennar Northwest, Inc.

had already started construction. Mr. Wilson advised Ms. Struble that at this stage of the plat process it

was unlikely that a new sewer connection outside of the plat boundary could be accommodated, but he

suggested that Ms. Struble contact Lennar directly to discuss the possibility of an easement between two

plat lots and the potential costs involved with providing a sewer stub. Mr. Wilson indicates that he

followed up with Ms. Struble at a later date, but never heard back.

Similarly, Mr. Hunger noted in a September 2018 email to Ms. Struble that he did not recall sewer hookup

being mentioned during discussions with Ms. Struble while visiting at her property, but did suggest that

Ms. Struble contact a licensed professional engineer to design the sewer and submit a formal application

to the City. No application has been received by the City.

Doug Weese- Mr. Weese raised concerns about drainage along his westerly property line. Mr. Weese’s

drainage concerns were addressed by the construction of the interceptor ditch with perforated pipe that

also accommodates the Struble property.

Wayne Needham- Mr. Needham also raised concerns about drainage near his property. Mr. Needham’s

property is not immediately adjacent to the Stewart Crossing Phase 5-7 plat, and his specific concerns will

be addressed during the design of Stewart Crossing Phase 8 (currently being processed through land use

review and SEPA). The developer, Soundbuilt Homes, has stated that they will provide a drainage inlet

at Mr. Needham’s property line in the Phase 8 design.

Please see Exhibit A provided by the developer mapping the location of the homeowners' properties referenced in this staff report.

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DavidToomey

WayneNeedham

KarlaStruble

DougWeese

EXHIBIT A

STEWART CROSSING PHASE 5-7 602673

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ING

PH

AS

E 3

-4 6

0270

1

STEWART CROSSING PHASE 1

ST

EW

AR

T C

RO

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ING

PH

AS

E 2

602

681

EXHIBIT A

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City Council Agenda Item Report

Submitted by: Katie BakerSubmitting Department: Development Services Meeting Date: 9/10/2019

Subject:Approval of VISION 2050 comment letter to the Puget Sound Regional Council

Presenter:Katie Baker, Senior Planner

Recommendation:Approve the mayor to sign a letter to the Puget Sound Regional Council providing Puyallup-specific comments on VISION 2050.

Background:At the August 27, 2019 study session, City Council received a presentation on the PugetSound Regional Council's (PSRC) update to VISION 2050. Following the presentation,Council provided direction to city staff that a comment letter should be sent from the City ofPuyallup, addressing the impacts of growth allocations to Core Cities, the region-widejobs/housing balance, and the expectations for policy implementation as it relates toComprehensive Plan certification. Attached to this agenda item is a draft letter for Council'sconsideration. Staff will be on-hand to provide explanation and receive direction if anychanges are needed.

Council Direction:

Fiscal Impacts:

ATTACHMENTSDraft VISION 2050 Comment Letter

89

City of Puyallup333 South Meridian • Puyallup, Washington • 98371

1

September 10, 2019

Puget Sound Regional Council1011 Western Avenue, Suite 500Seattle, WA 98104-1035

Subject: Draft VISION 2050 Plan Comments

Mr. Paul Inghram,

Thank you for the opportunity to provide comments on the Draft VISION 2050 Plan (“the Plan”) released for public review by the Puget Sound Regional Council (PSRC) in July 2019. The Puyallup City Council discussed the Plan at its meetings in August and September 2019 and has voted to submit the following comments as a body, in addition to supporting comments forthcoming from the Pierce County Regional Council.

The Plan begins with a bold vision statement to reduce our contributions to climate change, develop distinct and unique communities throughout the region, ensure economic opportunities for all people, and sustain a high quality of life by 2050. The vision statement further calls for social and economic equity so that people in our region can attain resources and opportunities to improve their quality of life in healthy communities which promote physical, social and mental wellbeing for healthier and more active lives in a range of housing types which provide healthy, safe and affordable housing choices.

To realize the vision, or move towards it, will be challenging considering how the region functions today, the population growth projected to occur between now and 2050, while recognizing the advantages and constraints of the distinct communities within the region. To that point, the City of Puyallup is providing comments that address:

1) Regional Growth Strategy and growth projections, 2) Jobs-Housing Balance, and3) Implications for Comp Plan Certification

REGIONAL GROWTH STRATEGY PROJECTIONS FOR PUYALLUP ARE CONCERNING

The City is concerned that the Regional Growth Strategy paints the region with too broad of a brush when it comes to allocating growth percentages to each regional geography. It does not sufficiently take into account the variation experienced even among individual cities within a county, including geographical and environmental constraints, transportation access, and external growth pressures.

In the Regional Growth Strategy chapter of the Plan, it states: 90

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“The Regional Growth Strategy is a cornerstone of VISION 2050, providing specific numeric shares to achieve a development pattern with fewer environmental impacts and a more compact urban form.”

and “The Regional Growth Strategy calls for different regional geographies to accommodate different shares of population and employment growth—within the region as a whole, as well as within each county. While relative amounts may differ somewhat between counties, the roles of regional geographies within each county are consistent for the region as a whole. Within each county, the relative distribution of growth to individual cities and unincorporated places will be determined through countywide target-setting, taking into account local circumstances.”

Core Cities in particular are expected to accommodate a greater percentage of both housing and employment growth that was anticipated under VISION 2040. This is concerning to cities such as Puyallup, as we have not seen growth rates over the past decade that would indicate the projectionsestablished for the next 30 years.

Additionally, the “Guidance for Aligning Growth Targets” section states:“PSRC will provide updated guidance and technical assistance to counties and cities as they develop countywide growth targets and prepare for comprehensive plan updates. Guidance will address housing, regional centers, goals for transit-oriented development, support for jobs-housing balance, and other aspects of VISION 2050.”

We strongly request that the guidance provided by PSRC allow for flexibility in whether a jurisdiction has met adopted targets at the time of certification, recognizing the unique local differences and actual growth occurring that are beyond a jurisdiction’s control or not in line with a jurisdiction’s own vision for their community.

JOBS-HOUSING BALANCE IS NOT FAVORABLE TO PUYALLUP AND PIERCE COUNTY

Puyallup and Pierce County have become King County’s affordable housing outlet while King County has experienced exponential job growth. The Plan continues this imbalance as evidenced by the freeway congestion and transportation demands resulting from persons commuting to Seattle and other parts of King County for work from their homes in the surrounding counties.

Although this concept continues to be acknowledged as a priority of VISION 2050, the Jobs-Housing Index identified in the Draft SEIS demonstrates that King County will continue to experience greater job growth, with Kitsap, Pierce, and Snohomish counties would still have fewer jobs compared to housing units by 2050.

The Regional Growth Strategy identifies the importance of a jobs-housing balance in all counties in the region, noting that:

“Uneven economic prosperity has also contributed to long commutes and the need for auto trips to retail and services. The Regional Growth Strategy encourages shifting expected employment growth from King County to Kitsap, Pierce, and Snohomish Counties.”

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However, the Housing chapter recognizes:“A lack of housing, especially affordable housing close to job centers, will push demand for affordable homes to more distant areas, increasing commute times and the percentage of household income spent on transportation costs.”

Additionally, the Economy chapter of the Plan acknowledges that not all counties have benefitted equally from recent job growth, stating:

“Nearly all this job growth in the region has been concentrated in a few urban areas. VISION 2050 calls for a better balance of job creation among the counties to broaden opportunity and create a better jobs-housing balance.”

The City concurs with the comments included in the letter submitted by the Pierce County Regional Council on this issue. We would like to emphasize the need for policies that promote housing growth, particularly affordable housing, within King County in addition to policies that promote job growth in areas with a lower jobs-housing index, such as Pierce County.

The City supports the action items identified in the Economy chapter of the Plan, particularly where support is given to local jurisdictions related to job creation. In addition, we request strengthening the language related to the anticipated distribution of housing, particularly in areas of King County with the highest job growth and the greatest shortages of affordable housing.

IMPLEMENTATION AND COMPREHENSIVE PLAN CERTIFICATION

The plan provides the following direction related to implementation of the VISION 2050 policies and action items:

“State law requires regional “guidelines and principles” for regional transportation planning (RCW 47.80.026). The multicounty planning policies in VISION 2050 serve as the region’s guidelines and principles.”

and“PSRC reviews and certifies the transportation-related provisions of local comprehensive plans based on three things:1. Established regional guidelines and principles2. The adopted long-range Regional Transportation Plan3. Transportation planning requirements in the Growth Management Act”

This chapter and the Plan’s “Action” items make clear that providing guidance is the purpose and responsibility of PSRC, and more specifically PSRC is to review and certify the transportation-related provisions of local comprehensive plans.

However, following the previous update and certification process, there was considerable dialogue regarding the role and level of oversight by PSRC, particularly as it related to the treatment of cities in differing regional geographies and their plan consistency with adopted growth targets. For example, growth targets for Small Cities were treated as a ceiling, while growth targets for Core Cities, such as Puyallup, were treated as a floor, even though there is no clear policy basis for this in the Plan and all urban areas are treated equally under the Growth Management Act.

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We anticipate that PSRC will consider the challenging experiences of local jurisdictions during the last update and certification process, including input provided through the Taking Stock Report, and limit their review specifically to the transportation-related provisions as defined in the Growth Management Act.

Thank you for your consideration of these comments on the Draft VISION 2050 Plan. We look forward to seeing the final plan adopted and implemented as a guidance document for the region.

Sincerely,

John PalmerMayor

Cc: Steve Kirkelie, Interim City ManagerTom Utterback, Development Services DirectorKatie Baker, Senior Planner

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