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LACEY CITY COUNCIL AGENDA DECEMBER 21, 2017

7:00 P.M. 420 COLLEGE STREET, LACEY CITY HALL

CALL TO ORDER:

1. PLEDGE OF ALLEGIANCE

2. APPROVAL OF AGENDA & CONSENT AGENDA ITEMS*A. Council meeting minutes of December 7, 2017B. A motion to approve payment of claims, wages, and transfers for 11/29/2017 through

12/12/2017.

3. PUBLIC RECOGNITIONS AND PRESENTATIONS:

A. Compassion is Contagious (Candice Bock)B. Tip a Cop Presentation (Chris Ward)C. Recognition of the City’s Support for AUSA’s 1-2 Stryker Brigade Combat Team Military

Appreciation Day at the RAC (Tina Torfin) D. Recognition of Lu Carlson for Parks Board Service (Mayor Ryder)

4. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA*

5. PUBLIC HEARING:

6. PROCLAMATION:

7. REFERRAL FROM PLANNING COMMISSION:

A. LMC 14.27 Stormwater Management and Illicit Discharges Ordinance (Samra Seymour)

8. REFERRAL FROM HEARINGS EXAMINER:

A. Project #17-285 Conditional Use Permit for Restoration Church (Sarah Schelling)

9. RESOLUTIONS:

10. ORDINANCES:

A. Ordinance Adopting 2018 Budget (Troy Woo)

CITY COUNCIL ANDY RYDER

Mayor CYNTHIA PRATT

Deputy Mayor VIRGIL CLARKSON

LENNY GREENSTEIN JASON HEARN

MICHAEL STEADMAN RACHEL YOUNG

CITY MANAGER SCOTT SPENCE

* Items listed under the consent agenda are considered to be routine and will be enacted by one motionand one vote. There will be no separate discussion of these items. If discussion is desired, that item will beremoved from the Consent Agenda and will be considered separately.

*The City Council will allow comments under this section on items NOT already on the agenda. Whereappropriate, the public will be allowed to comment on agenda items as they are addressed during the meeting.

11. MAYOR'S REPORT:

A. Recommend Reappointment of Sharon Kophs for Planning CommissionB. Recommend Reappointment of Peg Evans-Brown for Planning Commission

12. CITY MANAGER'S REPORT:

A. Thurston County Media Contract One Year Extension (Steve Kirkman)B. Interlocal Cooperative Agreement for Thurston County Emergency Management Council

(Scott Egger) C. Energy Service Company (ESCO) Services Contract Amendment (Rick Walk)D. South Sound Military and Communities Partnership Amended MOA (Scott Spence)

13. STANDING GENERAL COMMITTEE

A. Community Relations (12.04)

14. OTHER BUSINESS:

15. BOARDS, COMMISSIONS, AND COMMITTEE REPORTS:

A. Mayor Andy Ryder:1. Mayors’ Forum2. Transportation Policy Board (TPB)3. Thurston Chamber Shared Legislative Committee

B. Deputy Mayor Cynthia Pratt: 1. Olympic Region Clean Air Agency (ORCAA)2. LOTT3. Thurston Thrives

C. Councilmember Virgil Clarkson: 1. Intercity Transit (IT)2. Health & Human Services Council (HHSC)

D. Councilmember Rachel Young 1. Economic Development Council (EDC)2. Thurston Regional Planning Council (TRPC)

E. Councilmember Lenny Greenstein 1. Olympia-Lacey-Tumwater Visitor & Convention Bureau (VCB)2. Solid Waste Advisory Committee (SWAC)3. TCOMM911

F. Councilmember Jason Hearn: 1. Thurston County Coalition Against Trafficking (TCCAT)2. Lacey South Sound Chamber3. Lodging Tax Advisory Committee4. Joint Animal Services Commission (JASCOM)

G. Councilmember Michael Steadman: 1. Community Action Council (CAC)2. Emergency Medical Services (EMS)3. Thurston County Law & Justice

16. ADJOURN

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MINUTES OF A REGULAR MEETING OF THE LACEY CITY COUNCIL HELD THURSDAY, DECEMBER 7, 2017, IN LACEY COUNCIL CHAMBERS.

CALL TO ORDER: Mayor Ryder called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE: Mayor Ryder led the Pledge of Allegiance. COUNCIL PRESENT: A. Ryder, C. Pratt, V. Clarkson, M. Steadman, R. Young,

L. Greenstein COUNCIL EXCUSED: J. Hearn STAFF PRESENT: S. Spence, D. Schneider, S. Egger, T. Woo, R. Walk,

J. Burbidge, D. Pierpoint, C. Bock, P. Edmonds APPROVAL OF AGENDA AND CONSENT AGENDA: Consent Agenda Items:

A. Council meeting minutes of November 2, 2017 B. Council meeting minutes of November 9, 2017 C. A motion to approve payment of claims, wages, and

transfers for 11/21/17 through 11/28/17. Mayor Ryder amended the agenda to remove Agenda Item 3.A. – Recognition of the City’s support for AUSA’s 1-2 Stryker Brigade Combat Team Military Appreciation Day, and to add Agenda Item 6.A. - Proclamation – National Wreaths Across America Day. COUNCILMEMBER GREENSTEIN MOVED TO APPROVE THE CONSENT AGENDA AND AMENDED AGENDA. COUNCILMEMBER CLARKSON SECONDED. MOTION CARRIED.

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PUBLIC RECOGNITION & PRESENTATIONS: Senator Karen Fraser and Roel van der Lugt, District

Representative for Congressman Denny Heck, presented the City with an American flag that was flown over the United States Capitol in Washington D.C. on December 5, 2016, in honor of the City’s 50th anniversary of incorporation.

Jerry Farmer was presented with the Spirit of Lacey Award

for his exceptional volunteerism for over 20 years of service to the community.

PUBLIC COMMENT: Dr. Rachel Wood, Thurston County Department of Health,

spoke in favor of banning smoking and vaping in the City’s public parks.

Holly Paxson, Lacey Timberland Library Manager, provided

an update on upcoming events at the Lacey Library. The Timberland Regional Library Board of Directors approved placing a kiosk in northeast Lacey at Baby-Boomer Bikes and Café. Completion should be late spring 2018.

Kenneth Colvin, Electrino Group, presented information on

a new model of science known as the Unified Field Theory. The Electrino Group is based in Lacey, and plan to build a company that will bring high paying jobs to the area. The company is awaiting a grant proposal submitted to Governor Inslee for $100 million dollars to construct and build the first two reactors at the Hanford nuclear site.

PUBLIC HEARING: Mayor Ryder opened the final public hearing at 7:23 p.m. to

receive public comment on the proposed 2018 Budget.

The purpose of the Final 2018 Budget Hearing is to accept public testimony and for City staff to receive final direction for any budget changes. The 2018 Budget is scheduled for adoption on Thursday, December 21, 2017.

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Mayor Ryder noted the Lacey-Minsk Sister City Association submitted a request for additional funds for $15,000 to acquire insurance for the student exchange program. Terri Long, President of the Lacey-Minsk Sister City Association, stated the Association has been working diligently to secure insurance coverage for their student exchange program. Without insurance, the program will end. They received an estimated cost of $15,000 from a local insurance company. MAYOR RYDER MOVED TO APPROVE FUNDING AN ADDITIONAL $15,000 TO THE LACEY-MINSK SISTER CITY ASSOCIATION FOR THE STUDENT EXCHANGE PROGRAM. COUNCILMEMBER STEADMAN SECONDED. MOTION CARRIED. COUNCILMEMBER CLARKSON AMENDED THE MOTION TO APPROVE FUNDING AN ADDITIONAL AMOUNT NOT TO EXCEED $18,000 TO THE LACEY-MINSK SISTER CITY ASSOCIATION FOR THE STUDENT EXCHANGE PROGRAM. COUNCILMEMBER STEADMAN SECONDED. MOTION CARRIED.

Tom Crawford, Interim Chair, Thurston Climate Action Team (TCAT) requested Council include $80,000 for a regional climate action plan in the City’s 2018 budget. TCAT estimates a regional plan would cost $200,000. The cities of Olympia and Tumwater budgeted $80,000 and $40,000, respectively.

The following people testified in favor of the Thurston Climate Action Team’s funding request:

Phyllis Farrell Madeline Goodwin Carolyn Treadway Ray Treadway Glen Anderson

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Rhonda Hunter Phyllis Sturges Jean Garwood Bill Copeland Joel Carlson Mayor Ryder noted Lacey, Olympia, and Tumwater will

discuss next steps after the first of the year. Information will be brought back to a Council worksession for further discussion.

Mayor Ryder closed the public hearing at 8:20 p.m. PROCLAMATION: Mayor Ryder and Council proclaimed December 16, 2017,

as National Wreaths across America Day.

RESOLUTIONS: Resolution No. 1054 authorizes Ad Valorem Tax increases.

Taxing districts are required to certify their property tax (Ad Valorem tax) by November 30. The City Council adopted Ordinance No. 1522 on November 9, which allowed for City staff to certify the property tax on November 13.

Upon review of the City’s certification packet, the Thurston County Assessor’s Office suggests the adoption of a separate resolution or ordinance to satisfy the provisions of RCW 84.55.120 (3)(a), which states:

Except as provided in (b) of this subsection (3), no increase in property tax revenue may be authorized by a taxing district, other than the state, except by adoption of a separate ordinance or resolution, pursuant to notice, specifically authorizing the increase in terms of both dollars and percentage. The ordinance or resolution may cover a period of up to two years, but the ordinance must specifically state for each year the dollar increase and percentage change in the levy from the previous year.

The exceptions referenced above relate to new construction, improvements to property, newly construction wind turbines, and state-assessed utility property.

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The proposed resolution simply includes provisions to comply with this requirement, which will allow the County Assessor’s Office to assess the City’s 2018 property tax as authorized by Ordinance No. 1522. The resolution authorizes an increase of one percent, which is equal to $61,856.

DEPUTY MAYOR PRATT MOVED TO APPROVE RESOLUTION 1054 RELATING TO THE AD VALOREM TAX INCREASE. COUNCILMEMBER STEADMAN SECONDED. MOTION CARRIED.

ORDINANCES: Ordinance No. 1524 amends LMC 2.04.010 to extend Council meetings to the first and third Thursday of the month from November through January.

Currently, Section 2.04.010 of the Lacey Municipal Code establishes the regular meetings of the City Council to be on the second and fourth Thursdays of each month except November and December, where the date is set for the first and third Thursdays.

Every two years, the City Council elects a Mayor at the first regular council meeting of the calendar year, which is the second Thursday of January. At this time, the Mayor appoints Councilmembers to committee and intergovernmental board assignments. As a result, the first committee meetings of the year are generally held in February. This schedule may result in time-sensitive agenda items potentially being delayed during the month of January.

In addition, representatives from neighboring jurisdictions who have been assigned to intergovernmental boards and commissions prior to January 1, begin attending these meetings in January. Lacey Councilmembers begin attending in February due to the delay of appointments in mid-January.

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COUNCILMEMBER GREENSTEIN MOVED TO APPROVE ORDINANCE 1524 AMENDING LACEY MUNICIPAL CODE 2.04.010 TO EXTEND COUNCIL MEETINGS TO THE FIRST AND THIRD THURSDAY OF THE MONTH FROM NOVEMBER THROUGH JANUARY. COUNCILMEMBER STEADMAN SECONDED. MOTION CARRIED.

MAYOR’S REPORT: COUNCILMEMBER GREENSTEIN MOVED TO APPOINT JAMES MURRY TO AN UNEXPIRED TERM ON THE LIBRARY BOARD; SARAH DANIEL TO AN UNEXPIRED TERM ON THE PARKS BOARD; TROY KIRBY TO A FIRST TERM ON THE PARKS BOARD; ERWIN VIDALLON TO AN UNEXPIRED TERM ON THE PARKS BOARD; AND RE-APPOINT SHARLA DESY TO A FIRST FULL TERM ON THE LIBRARY BOARD. COUNCILMEMBER STEADMAN SECONDED. MOTION CARRIED.

CITY MANAGER’S REPORT: Ryan Andrews, Planning Manager, presented Council with the Barr Annexation, Project #17-330.

The City received a notice of intent to commence annexation proceedings filed by Gregory and Michelle Bar. The filing of the notice is the first step in the annexation procedure under the petition method. After filing the petition, the Council must pass a motion notifying the petitioners of its approval, rejection, or modification of the annexation area’s geographical boundaries. If the Council votes to approve the petition, then the applicant moves forward on obtaining a petition from a total 60% of the assessed valuation of the areas. Once the City receives the 60% petition, the City can move forward on annexation proceedings.

The area proposed for annexation is located in the Hawks Planning Area and within the Lacey Urban Growth Area south of 32nd Avenue NE, north of the future Gateway Division 2 subdivision, east of Bonanza Drive NE, and west

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of Eagle Loop NE. The total area includes 9.59 acres in three separate tax parcels. Other than the existing residential structures, the area is undeveloped and primarily forested with third-growth Douglas Fir trees.

COUNCILMEMBER STEADMAN MOVED TO APPROVE PROCEEDING WITH THE PROPOSED BARR ANNEXATION PROPOSAL THAT INCLUDES THE FOLLOWING PROVISIONS:

1. AUTHORIZE THE APPLICANTS TO CIRCULATE A PETITION AND GATHER SIGNATURES OF PROPERTY OWNERS REPRESENTING AT LEAST 60% OF THE ASSESSED VALUE OF THE ANNEXATION PROPERTY DEMONSTRATING THEIR CONSENT TO ANNEX;

2. REQUIRE THE TWO PARCELS EAST OF THE SUBMITTED NOTICE OF INTENT TO COMMENCE ANNEXATION (ASSESSOR’S PARCEL NO.’S 11803130401 AND 11803130400) ALSO BE INCLUDED WITHIN THE BOUNDARY OF THE AREA TO BE CONSIDERED FOR ANNEXATION;

3. REQUIRE THE ASSUMPTION OF ALL OR OF ANY

PORTION OF EXISTING CITY INDEBTEDNESS BY THE AREA TO BE ANNEXED; AND

4. WAIVE THE REQUIREMENT FOR COMPLETION OF AN ANNEXATION STUDY IN ACCORDANCE WITH THE CITY’S ANNEXATION POLICIES PRIOR TO ADOPTION OF AN ORDINANCE TO FORMALLY ANNEX THE AREA.

DEPUTY MAYOR PRATT SECONDED. MOTION CARRIED.

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STANDING GENERAL COMMITTEES: Finance Committee Deputy Mayor Pratt reported the Committee met on

November 1, 2017, to discuss the 2018 Budget update and 2017 3rd Quarter Financial Report.

Land Use Committee Deputy Mayor Pratt reported the Committee met on

November 6, 2017, to discuss an amendment to Title 15, Land Division & Title 9 Public Peace, Safety and Morals.

Utilities Committee

Councilmember Young reported the Committee met on November 17, 2017, to discuss Barr Annexation Request, New Stormwater codes, and Lacey Water Bill.

General Government & Public Safety Committee Mayor Ryder reported the Committee met on November 13,

2017, to discuss amendment to LMC 2.04.010 – City Council meetings, smoking on park property, and adopt a trail program.

Transportation Committee Councilmember Young reported the Committee met on

November 15, 2017, to discuss 2017 state of the street report, and mastic asphalt seal.

Mayor Ryder recognized Councilmember-elect Carolyn Cox

in the audience. BOARDS & COMMISSIONS: MAYORS’ FORUM Mayor Ryder reported the Mayors’ Forum met on

December 1, 2017. No agenda items discussed related to the City of Lacey. THURSTON THRIVES Deputy Mayor Pratt reported Thurston Thrives met on November 20, 2017, and received updates on the Law

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Enforcement Diversion Program, the HOPE project, and the Housing Action Team. INTERCITY TRANSIT

Councilmember Clarkson reported Intercity Transit met December 6, 2017. Due to scheduling conflicts, both Councilmember Clarkson and the alternate were unable to attend.

HEALTH & HUMAN SERVICES COUNCIL Councilmember Clarkson noted the December 11, 2017,

meeting will be cancelled. JASCOM Councilmember Young reported JASCOM met on

December 7, 2017, and approved their 2018 budget. They have hired a certified animal welfare administrator to perform an assessment of the organization.

EDC Councilmember Young reported the Economic

Development Council held their Regional Economic Forecast and Innovation Expo on December 7, 2017, with over 300 in attendance.

TRPC Councilmember Young reported TRPC met on December

1, 2017, and discussed the 2018-2020 Surface Transportation Program (STP) grant and Congestion Mitigation Air Quality Improvement Program (CMAQ) grant proposals, the draft Climate Adaptation Plan, and 2018 Legislative Priorities.

THURSTON COUNTY LAW & JUSTICE COUNCIL

Councilmember Steadman reported the Law & Justice Council met on November 16, 2017, but was unable to attend due to a scheduling conflict. Chief Dusty Pierpoint attended the meeting, and provided an update in Councilmember Steadman’s absence. They discussed funding received by Thurston-Mason Behavioral Health

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Organization through the Trueblood lawsuit, which deals with competency hearings for subjects in jail with mental illness.

Mayor Ryder adjourned the meeting at 9:06 p.m. and Council entered into a closed session.

MAYOR: ____________________________________ ATTESTED BY CITY CLERK: ___________________ DATE APPROVED: ____________________________

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LACEY CITY COUNCIL MEETING December 21, 2017

SUBJECT: Disbursement Approval

_________________________________________________________________________ RECOMMENDATION: By motion, approve payment of claims, wages, and transfers.

________________________________________________________________________ STAFF CONTACT: Troy Woo, Finance Director

ORIGINATED BY: Troy Woo, Finance Department

________________________________________________________________________ BACKGROUND: The action requested of the City Council is by motion to approve payment of claims, wages and transfers for 11/29/2017 through 12/12/2017. The disbursements consist of the following: Checks: Week of Beg. Check No. End. Check No. Amount 11/30/2017 235600 235602 2,298.84 12/1/2017 235491 235599 123,022.03 12/8/2017 235603 235775 1,279,982.93 Electronic Transfers: Week of Amount 11/30/2017 43,289.57 *11/30/2017 28,732.00 *11/30/2017 1,244,489.58 12/1/2017 118,280.52 12/1/2017 1,497,490.18 12/4/2017 489.00 12/4/2017 163.85 12/7/2017 14,619.13 12/8/2017 745,958.44 12/11/2017 2,414.00 12/12/2017 59,073.50 Payroll: Month Ended: Wages *11/30/2017 1,213,148.97 * Disbursements for employee out-of-pocket deductions and employee benefits.

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Significant Disbursements: Vendor Amount Description LOTT $1,017,444.98 Rates & Capacity Development Charges SCI Infrastructure $ 646,005.43 Hogum Bay Road Improvements

City Council Meeting December 21, 2017

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SUBJECT: New code chapters regarding Stormwater Management and Illicit Discharges

________________________________________________________________________

RECOMMENDATION: Approve ordinance to adopt two new chapters into the Lacey Municipal Code.

STAFF CONTACT: Scott Spence, City Manager Rick Walk, Director of Community & Economic Development Ryan Andrews, Planning Manager Samra Seymour, Senior Planner Doug Christenson, Water Resources Engineer

ORIGINATED BY: Community & Economic Development and Water Resources

ATTACHMENTS: 1. Ordinance adopting two new chapters to LMC Title 14: Chapter 14.27 - Stormwater ManagementChapter 14.29 - Illicit Discharges

FISCAL NOTE: None

PRIOR REVIEW: Planning Commission briefing on July 18, 2017 Planning Commission discussion on August 15, 2017 Planning Commission Public Hearing on October 3, 2017 Utilities Committee briefing on November 17, 2017

BACKGROUND:

The Western Washington NPDES Phase II Municipal Stormwater Permit required the City of Lacey to make revisions to our local stormwater-related codes, rules and standards by December 31, 2016, and this was accomplished by adoption of the LID Code Revisions and 2016 Stormwater Design Manual under Ordinance No. 1496, on October 13, 2016. During that process, City staff reviewed and revised all pertinent City regulations and documents, including the Lacey Municipal Code, the 2014 Development Guidelines & Public Works Standards, and the 2010 Stormwater Design Manual.

From this comprehensive review, it became clear that two issues needed to be addressed with new sections of the LMC. First, some stormwater management policies and provisions


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were not clearly articulated anywhere; and second, some existing regulatory language was obscurely located and needed reorganizing and minor updating. To resolve these issues, two new chapters are proposed for inclusion in LMC Title 14 – Buildings and Construction: Chapter 14.27 “Stormwater Management” and Chapter 14.29 “Illicit Discharges.” CONTENT Both new chapters provide information and wording in conformance with the Western Washington Phase II Municipal Stormwater Permit, with the overall purpose of protecting water quality of surface waters and groundwater. Proposed Chapter 14.27 “Stormwater Management” provides an overview of the stormwater requirements for construction, development, and redevelopment sites, applicability and vesting (see below), and inspections and maintenance of stormwater facilities. Proposed Chapter 14.29 “Illicit Discharges” describes the prohibited, allowable, and conditionally-allowable discharges to the City of Lacey stormwater drainage system, along with wording pertaining to inspections, Lacey’s spill response hotline, and enforcement as required under the Phase II Permit. The wording regarding inspection and maintenance of facilities, and illicit discharges, have been updated but are largely unchanged from the versions adopted under Ordinance 1332 in 2009. These two topics had been combined into the “Stormwater Maintenance Code” in the Development Guidelines, but they are distinct topics which both apply city-wide, so they are more appropriately located (and easier to find) in separate chapters of the LMC. VESTING AND APPLICABILITY One of the biggest challenges permitting staff has encountered in recent years in terms of stormwater, relates to vesting. As stormwater regulations have become increasingly restrictive and complex (and continue to evolve), staff has had to adopt vesting policies from a more reactive position as certain projects have brought new scenarios to light. The NPDES Phase 2 Permit requirements, as well as a recent Washington State Supreme Court decision (Snohomish County, et al. v. Pollution Control Hearings Bd.) have created both an impetus and a framework for the City to adopt a codified vesting policy as it relates to stormwater regulations. The proposed vesting language can be found in the ‘Stormwater Management’ chapter 14.27.020. One primary goal of the proposed language is to provide clarity and consistency to both staff and the public as to how the City will apply its stormwater regulations. The other goal is to strike a balance between recognizing stormwater improvements that were made for the benefit of multiple properties under old stormwater regulations, and protecting water quality from contamination by reducing the discharge of pollutants to the “maximum extent practicable” (as required by the permit) by applying the latest standards.

https://www.courts.wa.gov/opinions/pdf/928053.pdf


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PUBLIC PROCESS The Planning Commission held two discussions at regular meetings this past summer. Discussion centered on the topics of vesting, thresholds for small projects and maintenance requirements. A public hearing was held in early October. No members of the public provided testimony. The Planning Commission made a recommendation to move the proposed ordinances to Council for approval. The Utilities Committee was briefed on the two new chapters on November 17, 2017. ADVANTAGES:

1. The Stormwater Management code provides an overview of the regulatory framework

for stormwater requirements, provides policy clarification regarding project vesting and regional facilities, and makes facility inspection and maintenance requirements more apparent and accessible.

2. The Illicit Discharge code has been updated, and moving it into a dedicated chapter of the LMC makes it more apparent and accessible.

DISADVANTAGES: 1. None.

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ORDINANCE NO _____

CITY OF LACEY AN ORDINANCE OF THE CITY OF LACEY RELATED TO STORMWATER REGULATIONS, ADDING CHAPTERS 14.27 AND 14.29 TO THE LACEY MUNICIPAL CODE AND ADOPTING A SUMMARY FOR PUBLICATION.

WHEREAS, during a 2016 review of all stormwater related codes, city staff identified

opportunities for improvement to the city’s stormwater management policies and regulations;

and

WHEREAS, staff proposed additions to the Lacey Municipal Code to clarify,

organize, and update the city’s stormwater management policies and regulations; and

WHEREAS, after two discussions at regular meetings and a public hearing on October

3, 2017, the Planning Commission recommended the proposed additions be forwarded to the

City Council for approval; and

WHEREAS, the City Council finds that the proposed amendments to the Lacey

Municipal Code contained in this ordinance will be in the public interest;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY

OF LACEY, WASHINGTON, as follows:

Section 1: There is hereby added to the Lacey Municipal Code a new Chapter, 14.27,

to read as follows:

14.27.000 Purposes.

The provisions of this Chapter are intended to: A. Set forth standards for managing stormwater runoff from construction and

development sites to minimize:

1. Degradation of surface water quality by controlling the scouring and sedimentation of creeks, streams, wetlands, ponds, lakes, and other water bodies.

2. Degradation of groundwater quality.

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3. Damage to adjacent and other downstream private properties from erosion or other impacts from stormwater runoff.

4. Damage to city-owned parcels, city roads, rights-of-way, and associated infrastructure.

B. Establish the minimum level of compliance that must be met, and provide standards and procedures for inspection, maintenance, and repair of stormwater facilities in Lacey to help contribute to an effective and functional stormwater system.

C. Control stormwater runoff generated by development, redevelopment, construction sites, or modifications to existing stormwater systems that directly or indirectly discharge to the city stormwater system, in a manner that complies with requirements in the National Pollutant Discharge Elimination System (NPDES) Phase II Municipal Stormwater Permit as issued by the Washington State Department of Ecology (Ecology).

D. Complement site planning activities that minimize:

1. Impervious surfaces area.

2. The loss of native or non-native site vegetation.

3. The generation of stormwater runoff.

E. Make low impact development (LID) the preferred and commonly used approach to site development; to require LID be considered at the site planning stage; and to implement LID BMPs unless they are infeasible.

F. Require that all publicly-owned and privately-owned Stormwater Treatment and Flow Control best management practices (BMPs)/Facilities are operated, maintained and repaired in manner that conforms to this chapter.

G. Guide and advise all who conduct inspection, maintenance, or repair of stormwater facilities, and provide the authority for the city to inspect privately-owned Stormwater Treatment and Flow Control BMPs/Facilities.

H. To provide enforcement procedures for ensuring compliance with this chapter.

14.27.010 Definitions.

For the purposes of this chapter, the following definitions shall apply. See also the definitions within the Glossary of the Stormwater Design Manual. “Best management practices (BMPs)” means the physical, structural, and/or managerial practices that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State. “City” means city of Lacey, Washington. “Flow Control BMP or Facility” means a drainage facility designed to mitigate the impacts of increased surface and stormwater runoff flow rates generated by development. Flow control facilities are designed either to hold water for a considerable length of time and then release it

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by evaporation, plant transpiration, and/or infiltration into the ground, or to hold runoff for a short period of time, releasing it to the conveyance system at a controlled rate. “Groundwater” means water in a saturated zone or stratum beneath the surface of the land or below a surface water body. “Low Impact Development (LID)” means a stormwater and/or land use management strategy that strives to mimic pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design. “MS4” means a municipal separate stormwater sewer system. A system of conveyances (including streets, curbs, gutters, catch basins, pipes and ditches) owned or operated by a city or other public entity, that is used for collecting or conveying stormwater (excluding combined sewers). “Native vegetation” means vegetation including trees, comprised of plant species that are either indigenous or naturalized to the Puget Sound region. Native vegetation does not include noxious weeds. “Person” means any individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, agency of the state, or local governmental unit, however designated. “Started construction” means, at a minimum, issuance of a grading permit and the site work associated with and directly related to the approved project has begun. “Stormwater” means surface runoff due to precipitation or snowmelt; that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, channels, or pipes into a defined surface water channel or a constructed infiltration facility. “Stormwater Design Manual” means the City of Lacey Stormwater Design Manual as currently adopted. “Stormwater facility” means constructed component of a stormwater system, designed or constructed to perform a particular function or multiple functions. Stormwater facilities include, but are not limited to, pipes, swales, ditches, culverts, street gutters, detention basins, retention basins, constructed wetlands, infiltration devices, catch basins, oil/water separators, and sediment basins. Stormwater facilities are described in the Stormwater Design Manual. “Stormwater facility” includes both public and privately owned facilities. “Stormwater system” means constructed and natural features which function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat, or filter stormwater. “Stormwater system” includes both public and privately owned features. “Waters of the State” means those waters defined as “waters of the United States” in 40 CFR Subpart 122.2 within the geographic boundaries of Washington State and “waters of the state” as defined in Chapter 90.48 RCW which includes lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and water courses within the jurisdiction of the state of Washington. 14.27.020 Applicability/Regulated Activities.

A. This chapter applies to applications submitted on or after January 1, 2017, and applications submitted prior to January 1, 2017, which have not started construction by January 1, 2022.

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B. Existing regional or shared stormwater facilities - Commercial.

1. Development projects proposed in areas that were previously designed to convey on-site stormwater runoff to regional or shared facilities shall be permitted to do so provided the existing facility is functioning per the approved design and has remaining capacity.

2. New development projects shall meet water quality standards identified in the current Stormwater Design Manual. If a development project proposes to convey stormwater runoff to a regional or shared facility that does not meet current water quality standards then on-site stormwater treatment shall be required prior to conveyance to the regional or shared facility.

C. Subdivision – Residential.

1. Individual lots shall manage on-site stormwater runoff in accordance to the current Stormwater Design Manual in effect at the time of complete building permit application, unless the subdivision’s stormwater management system was designed to accommodate runoff from individual lots.

D. This chapter applies to the following actions on sites that discharge to the city’s MS4 or discharges to waters of the state whether or not a city-issued permit is required:

1. Land-disturbing activity, or

2. Creation of new hard surfaces, or

3. Replacement of existing hard surfaces, or

4. Conversion of pervious surfaces, or

5. New connections to the city’s MS4, or

6. Any other actions that can increase the volume or rate of stormwater runoff, or cause the generation of pollutants, from the site.

14.27.030 Exemptions.

A. Exemptions. Unless otherwise indicated in this section, the practices described in this section are exempt from the core requirements, even if such practices meet the definition of new development or redevelopment.

1. Forest Practices. Forest practices regulated under Title 222 WAC, except for Class IV General Forest Practices that are conversions from timberland to other uses, are exempt.

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2. Commercial Agriculture. Commercial agriculture practices involving working the land for production are generally exempt; however, the conversion from timberland to agriculture, and the construction of impervious surfaces are not exempt.

3. Pavement Maintenance. The following pavement maintenance practices are exempt from the core requirements, but shall use appropriate BMPs to minimize erosion and sediment transport: pothole and square cut patching, grinding/inlays, overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage, shoulder grading, reshaping/regrading drainage systems, crack sealing, resurfacing with in-kind material without expanding the road prism, and vegetation maintenance. The following pavement maintenance practices are not categorically exempt:

a. Removing and replacing a paved surface to base course or lower, or repairing the pavement base. If impervious surfaces are not expanded, Core Requirements #1 through #5 apply.

b. Extending the pavement edge without increasing the size of the road prism, or paving graveled shoulders. These are considered new impervious surfaces and are subject to the core requirements that are triggered when the thresholds identified for new or redevelopment projects are met.

c. Resurfacing by upgrading from dirt to gravel, asphalt, or concrete; upgrading from gravel to asphalt, or concrete; or upgrading from a bituminous surface treatment (“chip seal”) to asphalt or concrete. These are considered new impervious surfaces and are subject to the core requirements that are triggered when the thresholds identified for new or redevelopment projects are met.

4. Underground Utility Projects. Underground utility projects that replace the ground surface with in-kind material or materials with similar runoff characteristics are only subject to Core Requirement #2: Construction Stormwater Pollution Prevention.

14.27.040 Administration and Authority.

A. The city shall administer, implement, and enforce the provisions of this chapter.

B. The city shall have the authority to develop, implement, and enforce policies and procedures to administer and enforce this chapter.

C. Application, Submittals, and Review.

1. The city of Lacey shall review and approve all plans and all other submittals required for compliance with this chapter when:

a. An application for a city permit is required under all other chapters of LMC, or

b. Stormwater management is required and shall comply with the current City of Lacey Stormwater Design Manual, or

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c. In all other situations when actions under LMC 14.27.020 apply to a project site, review shall be under a city stormwater permit. The stormwater permit shall follow the procedure for limited administrative review described in Chapter 1 of the Development Guidelines and Public Works Standards.

2. All stormwater review submittals shall contain, in addition to the information required under any other applicable city code, a Stormwater Site Plan as described in the Stormwater Design Manual and any other information required by the city of Lacey.

D. Inspections.

1. The city shall inspect projects at various stages of the work to determine if they comply with the requirements of this chapter, and enforcement actions shall be taken as necessary. These inspections will include, but not be limited to, the following:

a. Prior to site clearing and construction to assess site erosion potential, and

b. During construction to verify proper installation and maintenance of required erosion and sediment controls and other approved plan components, and

c. All permanent stormwater treatment and flow control BMPs/facilities and catch basins in new residential developments every six months until 90 percent of the lots are constructed (or when construction is stopped and the site is fully stabilized) to identify maintenance needs and enforce compliance with maintenance standards as needed, and

d. Upon completion of construction and prior to final approval to ensure proper installation of permanent stormwater control facilities and verify that a maintenance plan is completed and responsibility for maintenance is assigned for stormwater treatment and flow control BMPs/facilities, and

2. When reasonably required by the city to accomplish the purpose of this chapter or to comply with local, state or federal law or regulation on stormwater, special inspection or testing shall be performed by the applicant.

E. Fees. Application, review and inspection fees shall be paid as required, in accordance with the schedule as established by the City.

14.27.050 Requirements for New and Redevelopment.

A. All projects shall comply with the Stormwater Design Manual. See Chapter 2 of the Stormwater Design Manual for details and applicability of the 9 Core Requirements:

Core Requirement #1: Preparation of stormwater site plans. Core Requirement #2: Construction stormwater pollution prevention plan (SWPPP). Core Requirement #3: Source control of pollution. Core Requirement #4: Preservation of natural drainage systems and outfalls. Core Requirement #5: On-site stormwater management. Core Requirement #6: Runoff treatment. Core Requirement #7: Flow control. Core Requirement #8: Wetlands protection.

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Core Requirement #9: Operation and maintenance.

14.27.060 Inspection and Maintenance of Stormwater Facilities.

These maintenance standards are intended to give support and guidance to all persons and property owners who must comply with local stormwater management requirements. All privately owned stormwater systems, including flow control and water quality treatment facilities, shall be inspected annually and maintained by the owner at his/her expense. The stormwater system owner shall complete and file an inspection and maintenance form with the city following inspection and maintenance. A. All parts of the privately owned stormwater systems shall be inspected annually and

maintained and/or restored to assure performance as designed and intended. All physical parts of the stormwater system shall be repaired and maintained per the Stormwater Design Manual, Development Guidelines and Public Works Standards, and any guidelines specific to the respective facility.

B. Stormwater system modifications or major repairs must be reviewed and approved by the city of Lacey prior to implementation. This is required to ensure that the intent of the originally approved stormwater system is achieved. The city may require the property owner to submit detailed drawings and/or specifications regarding proposed modifications and/or repairs.

C. A licensed, bonded, and insured contractor must accomplish all maintenance of privately owned stormwater systems except for normal vegetation maintenance of facilities.

D. All State and Federal confined space entry regulations and requirements must be followed.

E. All privately owned pipes, catch basins, manholes, inlets, ditches, swales/bioswales, flow control facilities, vaults, water quality facilities, oil/water separators, sedimentation ponds, and stream channels located on (or running through) commercial properties, multi-family developments, private plats, and private short plats shall be inspected annually unless vested under a different frequency of inspection by the city and/or property owner and shall be maintained by the property owner when inspection identifies maintenance needs.

F. Stormwater system maintenance shall be required and performed in accordance with the Stormwater Design Manual or other standards identified by the city within one year for typical maintenance of facilities, within six months for catch basins, and within two years for maintenance that requires capital construction of greater than $25,000.

G. Stormwater Maintenance Inspection Procedures.

1. City inspection procedures will be maintained and updated as necessary in the “Private Stormwater Facilities Inspection Program” standard operating procedure within Public Works Operations.

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2. Prior to making any inspections on private property that has no dedicated access easements to the city, the inspector shall present identification credentials, state the reason for the inspection, and request entry.

3. If the property or any building or structure on the property is unoccupied the inspector shall first make a reasonable effort to locate the owner or other person(s) having charge or control of the property or portions of the property and request entry.

4. If, after reasonable effort, the inspector is unable to locate the owner or other person(s) having charge or control of the property and has reason to believe the condition of the stormwater system creates an immediate hazard to persons or property, the inspector may enter the property.

5. Unless entry is consented to by the owner or person(s) in control of the property or portion of the property, the city inspector shall obtain a search warrant prior to entry as authorized by the laws of the State of Washington except where one of the following conditions exist:

a. conditions are reasonably believed to exist which create imminent hazard, or

b. an access easement to the stormwater facility was dedicated to the city.

6. The inspector may inspect the stormwater system without obtaining a search warrant provided for above, provided the inspection can be conducted while remaining on the public property or other property on which permission to enter is obtained.

H. Inspection and maintenance records.

1. Owners of storm drainage systems will be required to provide the city with all existing inspection, maintenance, and repair records, as well as any record drawings or diagrams that they may have for their storm drainage systems when requested.

14.27.070 Applicability to Government Entities.

All municipal corporations and governmental entities shall be required to comply with the terms of this chapter when developing and/or improving land, including but not limited to road building and widening, within the areas of the city.

14.27.080 Related Requirements.

It is recognized that many other city, county, state and federal permit conditions may apply to the proposed action and that compliance with the provisions of this chapter does not constitute compliance with such other requirements.

14.27.090 Appeals.

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Any decision of the city of Lacey in the administration of this chapter may be appealed in accordance with Chapter 1D of the City of Lacey Development Guidelines and Public Works Standards.

14.27.100 Enforcement.

If any person violates or fails to comply with any of these provisions, Chapter 14.40 LMC regarding civil violations shall be applied.

14.27.110 Conflict.

In the event of a conflict between this chapter and any other provision of any Lacey Municipal Code, the most restrictive shall apply.

14.27.120 Severability.

If any one or more sections, subsections, or sentences of this chapter are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this chapter and the same shall remain in full force and effect.

Section 2: There is hereby added to the Lacey Municipal Code a new Chapter, 14.29,

to read as follows:

14.29.000 Purposes.

The purposes of this chapter are: A. To provide for the health, safety, and general welfare of the citizens of the City of Lacey,

Washington, through the regulation of non-stormwater discharges to the city’s municipal separate storm sewer system (MS4), as well as to all groundwaters and waterbodies, to the maximum extent practicable as required by federal and state law.

B. To establish methods for controlling the introduction of pollutants into the city’s MS4 in order to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. Specifically: 1. To regulate the contribution of pollutants to the MS4 by stormwater discharges from

any user. 2. To prohibit illicit connections and illegal discharges to the MS4, as well as to all

groundwaters and waterbodies. 3. To define the city’s legal authority to carry out all inspection, surveillance and

monitoring necessary to effectuate said purposes. C. To protect and enhance water quality and aquatic wildlife and its habitat by preventing

harmful discharges to local waterbodies.

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14.29.010 Definitions.

For the purposes of this chapter, the following shall mean: “AKART” means all known, available, and reasonable methods of prevention, control, and treatment (AKART). See also the State Water Pollution Control Act, sections 90.48-010 RCW and 90.48.520 RCW. “Allowable discharges” means types of discharges that are not considered illegal discharges for the purposes of this chapter unless the city determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or groundwater. “Best Management Practices (BMPs)” means schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices approved by the Department of Ecology that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State. “City” means city of Lacey, Washington. “Conditionally allowable discharges” means types of discharges that are not considered illegal discharges for the purposes of this chapter if they meet the stated conditions, or unless the city determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution to surface water or groundwater. “Groundwater” means water in a saturated zone or stratum beneath the surface of the land or below a surface water body. “Hazardous Materials” means substances that may create a public nuisance or constitute a hazard to humans, animals, fish or fowl, or any solid, dangerous, or extremely hazardous waste, as defined by the Chapter 173-304 of the Washington Administrative Code (WAC) or Chapter 173-303 WAC. Harmful materials also include substances that, when released into the environment, may cause non-compliance with the following Chapters of the WAC: 246-290, 173-200, 173-201, 173-204, and/or 173-340. “Hyperchlorinated” means water that contains more than 10mg/liter chlorine. “Illicit Discharge” means any direct or indirect non-stormwater discharge to the city’s stormwater system, except as expressly allowed by this chapter. “Illicit connection” means any man-made conveyance that is connected to a municipal separate storm sewer system without a permit, excluding roof drains and other similar type connections. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the municipal separate storm sewer system. “Municipal separate storm sewer system (MS4)” means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):

a. Owned or operated by the city of Lacey;

b. Designed or used for collecting or conveying stormwater;

c. Which is not part of a Publicly Owned Treatment Works (POTW). “POTW” means any device or system used in treatment of a municipal sewage or industrial wastes of a liquid nature which is publicly owned; and

d. Which is not a combined sewer. “Combined sewer” means a system that collects sanitary sewage and stormwater in a single sewer system.

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e. Which is defined as “large” or “medium” or “small” or otherwise designated by the Ecology pursuant to 40 CFR 122.26.

“National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit” means a permit issued by the Environmental Protection Agency (EPA) (or by the Washington Department of Ecology under authority delegated pursuant to 33 USC Section 1342(b)) that authorizes of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. “Non-stormwater discharges to the stormwater system” means discharges to any portion of the public or privately owned stormwater system that are not composed entirely of stormwater (i.e. rainfall or snow melt). Examples may include, but are not limited to, sanitary wastewater, laundry wastewater, non-contract cooling water, vehicle wash wastewater, radiator flushing wastewater, spills from roadway accidents, and improperly disposed motor oil, solvents, lubricants, and paints. “Person” means any individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, agency of the state, or local governmental unit, however designated. “Pollutant” means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes, sewage, fecal coliform and pathogens; dissolved and particulate metals; animals wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. “Stormwater” means surface runoff due to precipitation or snowmelt. That portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, channels, or pipes into a defined surface water channel or a constructed infiltration facility. “Stormwater Design Manual” means the City of Lacey Stormwater Design Manual as currently adopted. “Stormwater facility” means a constructed component of a stormwater system, designed or constructed to perform a particular function or multiple functions. Stormwater facilities include, but are not limited to, pipes, swales, ditches, culverts, street gutters, detention basins, retention basins, constructed wetlands, infiltration devices, catch basins, oil/water separators, and sediment basins. Stormwater facilities are described in the Stormwater Design Manual. “Stormwater facility” includes both public and privately owned facilities. “Stormwater pollution prevention plan (SWPPP)” means a document which describes the best management practices and activities to be implemented by a person to identify sources of pollution or contamination at a premises and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable. “Stormwater system” means any stormwater facilities, including the city's municipal separate storm sewer system, by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or

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altered drainage channels, reservoirs, and other drainage structures. “Stormwater system” includes both public and privately owned features. “Waters of the State” means those waters defined as “waters of the United States” in 40 CFR Subpart 122.2 within the geographic boundaries of Washington State and “waters of the state” as defined in Chapter 90.48 RCW which includes lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and water courses within the jurisdiction of the state of Washington. “Waterbody” means surface water feature, whether standing or flowing, including, but not limited to, sounds, lakes, ponds, rivers, streams, and creeks including waters of the state.

14.29.020 Applicability.

This chapter shall apply to all non-stormwater discharges entering the MS4, groundwaters, or a waterbody from any developed or undeveloped lands, unless explicitly exempted by the city.

14.29.030 Administration.

The city shall administer, implement, and enforce the provisions of this chapter.

14.29.040 Stormwater Discharges.

A. Prohibition of Illicit Discharges. No person shall discharge or cause to be discharged into the city’s storm drainage system, groundwater, or a waterbody any materials (including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable State of Washington Department of Ecology water quality standards) other than stormwater. This prohibition of the discharge of pollutants shall include discharges from a stormwater facility that is not maintained properly by the owner per the city of Lacey maintenance standards. Pollutants include, but are not limited to, the following: 1. All non-stormwater discharges to the stormwater system, unless such discharges are

authorized in accordance with Chapter 173-216 of the Washington Administrative Code. (WAC) (State Waste Discharge Permit Program) or Chapter 173-220 WAC (National Pollutant Discharge Elimination System Permit Program).

2. Any solid, dangerous, or extremely hazardous waste, as defined by Chapters 173-304 WAC (Minimum Functional Standards for Solid Waste Handling) or Chapter 173-303 WAC (Dangerous Waste Regulations).

3. Any substance that, when released into the environment, may cause non-compliance with Chapters 246-290 WAC (Public Water Supplies); 173-200 WAC (Water Quality Standards for Ground Waters of the State of Washington), 173-201 WAC (Water Quality Standards for Surface Waters of the State of Washington), 173-204 WAC (Sediment Management Standards); or 173-340 WAC (The Model Toxics Control Act Cleanup Regulation).

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4. Trash or debris; 5. Construction materials and residues; 6. Petroleum products, including but not limited to; oil, gasoline, grease, fuel oil and

heating oil; 7. Antifreeze and other automotive products; 8. Metals in either particulate or dissolved form; 9. Flammable or explosive materials; 10. Radioactive material; 11. Batteries; 12. Acids, alkalis, or bases; 13. Paints, stains, resins, lacquers, or varnishes; 14. Degreasers and/or solvents; 15. Drain cleaners; 16. Pesticides, herbicides, or fertilizers; 17. Steam cleaning wastes; 18. Uncured concrete wash water (generated during cleaning, finishing or during exposure

of aggregate). 19. Soaps, detergents, or ammonia; 20. Swimming pool or spa filter backwash; 21. Chlorine, bromine, or other disinfectants; 22. Heated water; 23. Animal wastes; 24. Sewages; 25. Recreational vehicle waste; 26. Animal carcasses; 27. Earth in quantities which cause violation of State water quality standards. 28. Wash water, sediment, and debris from street sweeping and street washing 29. Food wastes; 30. Bark and other fibrous materials; 31. Lawn clippings, leaves, or branches; 32. Silt, sediment, concrete, cement or gravel; 33. Dyes (except as described in subsection (C) of this section under “allowable

discharges”); 34. Chemicals, including suspected metals, not normally found in uncontaminated water; 35. Any other process-associated discharge except as otherwise allowed in this section; 36. Any hazardous material or waste not listed above.

B. Prohibition of Illicit Connections. 1. The construction, use, maintenance or continued existence of illicit connections to the

storm drain system is prohibited. 2. This prohibition expressly includes, without limitation, illicit connections made in the

past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

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3. A person is considered to be in violation of this chapter if the person connects a line conveying sewage to the municipal separate storm sewer system, or allows such a connection to continue.

C. Allowable Discharges. The following types of discharges shall not be considered illicit discharges for the purposes of this chapter unless the city determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of groundwater or a waterbody: 1. Diverted stream flows; 2. Rising groundwaters; 3. Uncontaminated groundwater infiltration (as defined in 40 CFR 35.2005(20)); 4. Uncontaminated pumped groundwater, 5. Discharge from foundation drains; 6. Air conditioning condensation; 7. Irrigation water from agricultural sources that is commingled with urban stormwater; 8. Springs; 9. Uncontaminated water from crawl space pumps; 10. Water from footing drains; 11. Flows from riparian habitats and wetlands; 12. Discharges resulting from dye testing authorized by the city; 13. Non-stormwater discharges covered by another NPDES permit; 14. Discharges from emergency firefighting activities by a fire department or a fire

district. D. Conditionally Allowable Discharges. The following types of discharges shall not be

considered illicit discharges for the purposes of this chapter if they meet the stated conditions, or unless the city determines that the type of discharge, whether singly or in combination with others, is causing or likely to cause pollution of surface water or groundwater: 1. Potable water, including water from water line flushing, hyperchlorinated water line

flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be dechlorinated to a concentration of 0.1 parts per million (ppm) or less, pH-adjusted, if necessary, and in volumes and velocities controlled to prevent resuspension of sediments in the stormwater system.

2. Lawn watering and other irrigation runoff are permitted but shall be minimized through, at minimum, public education and water conservation efforts.

3. De-chlorinated swimming pool, spa and hot tub discharges. These discharges shall be de-chlorinated to a total residual chlorine concentration of 0.1 ppm or less, pH-adjusted, and re-oxygenated, if necessary and in volumes and velocities controlled to prevent re-suspension of sediments in the stormwater system. Discharge shall be thermally controlled to prevent increase in temperature of the receiving water.

4. Street and sidewalk wash water, used to control dust, and routine external building wash down that does not use detergents are permitted if the amount of street wash and dust control used is minimized. At active construction sites, street sweeping must be performed prior to washing the street.

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5. Non-stormwater discharges covered by another NPDES permit; provided, that the discharger is in full compliance with all requirement s of the permit, waiver, or order and other applicable laws and regulations; and provided, that written approval has been granted for any discharge to the storm drain system.

6. Other non-stormwater discharges. The discharges shall be in compliance with the requirements of a stormwater pollution prevention plan (SWPPP) reviewed and approved by the city which addresses control of such discharges by applying AKART to prevent pollutants from entering the municipal storm drainage system, groundwaters, or a waterbody. A permit is required for all construction site dewatering and may be required by the city for other non-stormwater discharges approved by the city in a SWPPP.

14.29.050 Inspections and monitoring of discharges.

A. Access to Facilities. 1. As a condition of service, all persons and premises connected to the municipal storm

drainage system shall allow the city to: a. Enter onto a person’s property at reasonable times after notice to, and with the

permission of, the property owner to inspect the system and any connection made to the system by the property owner or to install appropriate monitoring equipment. This provision shall not be interpreted to limit the city’s rights under any easement, license or right arising from public right-of-way.

b. Inspect records of the person relating to discharges to the city system upon request and at reasonable times.

2. Failure to permit entry or inspection may result in the following actions or consequences: a. The city may at its sole option seek a search warrant from a court of competent

jurisdiction. b. If it is later determined that a violation of this chapter has occurred, the violation

shall be assumed to have been occurring from the date of the city’s original request and to have continued until discovered by the city. Each and every day shall be a separate violation. This presumption may be overcome by the presumed violator only by clear and convincing evidence that the violation began at a later date.

B. Confidential information. Information and data furnished to the city with respect to the nature and frequency of discharge into the stormwater system shall be available to the public or to other governmental agencies without restriction unless the person specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets or proprietary information of the person. When requested by a person furnishing a report, the portions of a report or other information which may disclose trade secretes or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses

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related to these regulations, the NPDES permit and/or other programs as amended; however, such portions of a report or other information shall be available for use by the city, the state, or any other public agency in enforcement proceedings involving the person furnishing the report. The constituents and characteristics of the stormwater will not be recognized as confidential information. Information accepted by the city as confidential shall not be transmitted to any governmental agency or to the general public by the city until and unless a 10-day notification is given to the person to the extent permitted by law.

C. The city may require either partial or complete cleaning of a stormwater system whenever a prohibited substance (see subsection 14.29.040.A) is found to be present in a stormwater system.

14.29.060 Industrial or Construction Activity Discharges.

Any person or activity subject to an NPDES stormwater discharge permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the federal Environmental Protection Agency or Washington State Department of Ecology, shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the city of Lacey prior to allowing discharges to the MS4.

14.29.070 Source Control Requirements.

The city of Lacey has developed a Stormwater Design Manual that outlines requirements identifying best management practices, including pollutant source control for any activity, operation, or facility that may cause or contribute to pollution or contamination of stormwater, the storm drain system, or waters of the United States. The owner or operator of a commercial or industrial establishment shall provide, at its own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drainage system or waterbody through the use of these structural and nonstructural BMPs. Further, any person responsible for a premises which is, or may be, the source of an illicit discharge may be required to implement, at said person’s expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed in compliance with the provisions of this section. These BMPs shall be part of a SWPPP as necessary for compliance with requirements of the NPDES permit. Technical assistance materials and information may be provided by the city upon reasonable request.

14.29.080 Spill Hotline and Response.

Notwithstanding other requirements of law, as soon as any person responsible for a premises or operation, or responsible for emergency response for a premises or operation, has information of any known or suspected release of materials which are resulting or may result in illicit discharges or pollutants discharging into stormwater, the storm drainage system, or waterbodies, said person shall take all necessary steps to ensure the discovery, containment,

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and cleanup of such release. In the event of such a release of hazardous materials, said person shall immediately notify: A. Emergency response agencies of the occurrence via emergency dispatch services; and B. The City of Lacey Spill Response Hotline at (360) 491-5644, Monday through Friday

7:00 am to 3:30 pm. After hours, leave a voicemail at the number above, or select the option to be connected to Thurston County Central Dispatch, who will notify the city of Lacey’s stand-by Spill Response Staff.

In the event of a release of nonhazardous materials, said person shall notify the city in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the city of Lacey within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.

14.29.090 Appeals.

Any decision of the city of Lacey in the administration of this chapter may be appealed in accordance with Chapter 1D of the City of Lacey Development Guidelines and Public Works Standards.

14.29.100 Enforcement.

If any person violates or fails to comply with any of these provisions, Chapter 14.40 LMC regarding civil violations shall be applied. The NPDES Phase II permit requires escalating enforcement, and LMC 14.40 addresses this enforcement action.

14.29.110 Conflict.

In the event of a conflict between this chapter and any other provision of any Lacey Municipal Code, the most restrictive shall apply.

14.29.120 Severability.

If any one or more sections, subsections, or sentences of this chapter are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this chapter and the same shall remain in full force and effect.

Section 3: Severability. If any section, subsection, sentence, clause, phrase, or other

portion of this Ordinance, or its application to any person, is for any reason declared invalid in

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whole or in part by any court or agency of competent jurisdiction, said decision shall not

affect the validity of the remaining portions hereof.

Section 4: Corrections. The City Clerk and the codifiers of this ordinance are

authorized to make necessary corrections to this ordinance including, but not limited to, the

correction of scrivener's/clerical errors, references, ordinance numbering, section/subsection

numbers and any references thereto.

Section 5: The Summary attached hereto is hereby approved for publication.

PASSED BY THE CITY COUNCIL OF THE CITY OF LACEY,

WASHINGTON, at a regularly-called meeting thereof, held this _____ day of

, 2017.

CITY COUNCIL

By: ______________________ Mayor Approved as to form: ___________________ City Attorney Attest: _____________________ City Clerk

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SUMMARY FOR PUBLICATION

ORDINANCE NO _____

CITY OF LACEY

The City Council of the City of Lacey, Washington, passed on _________________, Ordinance No. _____, entitled “AN ORDINANCE OF THE CITY OF LACEY RELATED TO STORMWATER REGULATIONS, ADDING CHAPTERS 14.27 AND 14.29 TO THE LACEY MUNICIPAL CODE AND ADOPTING A SUMMARY FOR PUBLICATION.” The main points of the Ordinance are described as follows:

1. The Ordinance adds Chapter 14.27, Stormwater Management, to the Lacey Municipal Code.

2. The Ordinance adds Chapter 14.29, Illicit Discharges, to the Lacey Municipal

Code. 3. The Ordinance approves this Summary for Publication.

A copy of the full text of this Ordinance will be mailed without charge to any person requesting the same from the City of Lacey. Published: _____________________, 2017.

SUMMARY OF HEARINGS EXAMINER REPORT TO CITY COUNCIL SUBJECT: Conditional Use Permit Application for Restoration Church; Case #17-285 DESCRIPTION: OF PROPOSAL: Request for approval to operate a church in an 8,200 square foot tenant

space at the Hawks Prairie Mall; a portion of the space that was formerly occupied by South Puget Sound Community College. The space is located at 1401 Marvin Road Northeast, Suite 215 and is zoned general commercial.

SUMMARY OF CONCLUSIONS: The Hearings Examiner conducted a public hearing on Tuesday November

28, 2017. Staff and the applicant provided testimony in regards to the project. One member of the community attended the hearing and provided testimony is support of the project. Topics of discussion at the hearing included parking requirements and traffic impacts.

The Hearings Examiner has recommended approval of the conditional use permit application. The conditions of approval recommended to the City Council for the project are as suggested by staff. Staff is requesting the Council approve the proposal including adoption of findings, conclusions and conditions outlined in the written recommendation of the Hearings Examiner received December 12, 2017.

ACTION OPTIONS FOR CITY COUNCIL: The City Council may take one of the following actions:

1. Approve the recommendation of the Hearings Examiner.

2. Reverse the decision of the Hearings Examiner.

3. Modify the recommendation of the Hearings Examiner. Any decision to modify or reject the Examiner’s decision shall be made based on the open record hearing and supported by findings of fact and conclusions.

Findings, Conclusions, and Recommendation City of Lacey Hearings Examiner Restoration Church CUP No. 17-285 Page 1 of 9

BEFORE THE HEARINGS EXAMINER

FOR THE CITY OF LACEY In the Matter of the Application of ) No. 17-285 ) John Kitterman, on behalf of ) Restoration Church CUP Restoration Church ) ) ) FINDINGS, CONCLUSIONS, For a Conditional Use Permit ) AND RECOMMENDATION

SUMMARY OF RECOMMENDATION The Hearings Examiner recommends that the request for a conditional use permit to operate a church in approximately 8,200 square feet of space located within the Hawks Prairie Mall, at 1401 Marvin Road NE, Suite 215, be APPROVED. Conditions are necessary to mitigate project impacts.

SUMMARY OF RECORD Hearing Date: The City of Lacey Hearings Examiner held an open record hearing on the request on November 28, 2017. Testimony: The following individuals presented testimony under oath at the open record hearing: Sarah Schelling, City Senior Planner John Kitterman, Applicant Representative Bill Kelley Exhibits: The following exhibits were admitted into the record: 1. List of Exhibits 2. Staff Report, dated November 17, 2017 3. General Land Use Application, received September 29, 2017 4. Conditional Use Permit Application, received September 29, 2017 5. Commercial Traffic Generation Worksheet, dated September 28, 2017 6. Supplemental Project Narrative, undated 7. Site Aerial Photograph, dated September 2017 8. Site and Parking Plan, undated 9. Hawks Prairie Mall Site Plan, dated September 2017 10. Notice of Application, undated


11. Transmittal Memorandum, dated October 16, 2017 12. Comments from Wade Duffy, Building Official/Fire Marshal, dated October 29, 2017;

Building Division Pre-submission Conference Notes, dated August 23, 2017 13. Comments from Pat McGuin, Transportation Engineer, undated 14. Comments from Rick Walk, Community and Economic Development Director, undated 15. Comments from Terry McDaniel, Fire Code Reviewer, undated 16. Email from Tom Stiles, City Development Review Engineer, to Sarah Schelling, dated

October 30, 2017 17. Notice of Public Hearing, undated 18. Certification of Public Notice, dated November 11, 2017 The Hearings Examiner enters the following findings and conclusions based upon the testimony at the open record hearing and the admitted exhibits:

FINDINGS

Application and Notice 1. John Kitterman, on behalf of Restoration Church (Applicant), requests a conditional use

permit (CUP) to operate a church in approximately 8,200 square feet of space located within the Hawks Prairie Mall, at a site formerly occupied by South Puget Sound Community College. The property is located at 1401 Marvin Road NE, Suite 215.1 Exhibit 2, Staff Report, page 1; Exhibits 3 through 9.

2. The City of Lacey (City) determined that the application was complete on October 16, 2017. The City posted notice of the application at the subject property and published notice in The Olympian on October 17, 2017. The same day, the City routed notice to applicable City departments and government agencies. On November 17, 2017, the City published notice of the open record hearing associated with the application in The Olympian, mailed notice of the hearing to all owners of property within 300 feet of the property, and posted notice of the hearing at the property. As discussed below, the City received several comments from applicable agencies in response to its notice materials.

Exhibit 2, Staff Report, page 3; Exhibit 10; Exhibits 11 through 16; Exhibit 18.

State Environmental Policy Act 3. The City determined that, because no external modifications are proposed to the existing

building, the proposed project is exempt from analysis under the State Environmental Policy Act (SEPA), Chapter 43.21C Revised Code of Washington (RCW), in accord with Washington Administrative Code (WAC) 197-11-800(6)(b). Exhibit 2, Staff Report, page 2.

Comprehensive Plan, Zoning, and Surrounding Properties

4. The City and Thurston County have designated the property as General Commercial within the Hawks Prairie Planning Area in the “City of Lacey and Lacey Urban Growth

1 The property is identified by tax parcel number 52860000100. Exhibit 2, Staff Report, page 1.


Area Comprehensive Plan” (Comprehensive Plan). Staff identified a number of Comprehensive Plan goals and policies relevant to the proposed project.2 These goals and policies include: creating vibrant, integrated, and well-designed commercial districts in designated areas; providing a sense of positive identity, visual interest, and high quality gateways to the city with urban design standards; enriching the quality of life in the city by building an attractive, inviting, and secure community; accommodating carefully planned levels of development that promote efficient use of land, reduce sprawl, encourage alternative modes of transportation, safeguard the environment, promote healthy neighborhoods, protect existing neighborhood character, and maintain a sense of community; supporting efforts for job creation, new livable-wage jobs, and promotion of the diversification of the community’s business and employment sector; and planning for and promoting an economically healthy city center. Exhibit 2, Staff Report, pages 2 and 3.

5. The property is zoned General Commercial (GC). The intent of the GC zone is to: permit commercial uses and activities that depend more heavily on convenient vehicular access than pedestrian access in designated areas; limit the location of general commercial areas to sites having safe and efficient access to major transportation routes; identify the types of commercial uses appropriate in the general commercial district; and provide development standards that enhance the efficient operation of commercial districts and achieve minimum adverse impacts on the community as a whole. Lacey Municipal Code (LMC) 16.27.010. Churches are a permitted use in the GC zone subject to review and approval of a conditional use permit application. LMC 16.66.020.B.1. Exhibit 2, Staff Report, page 2.

6. As noted above, the proposed church would be located within tenant space at the Hawks Prairie Mall, a large commercial site that is fully developed. The mall includes several retail and commercial tenants, including a grocery store, a daycare center, a big box store, restaurants, and several smaller retailers. The space proposed for use by the Applicant is a portion of the space that was formerly occupied by South Puget Sound Community College, which vacated the space in 2015. The site has ample parking, an existing stormwater system, and existing landscaping improvements. Marvin Road borders the site to the east, Martin Way borders the site to the south, and Quinault Drive borders to the site to the north. It is surrounded by other commercial developments, including The Landing at Hawks Prairie, the Lacey Marketplace, and the Freedom Point commercial development. Exhibit 2, Staff Report, page 2; Exhibit 5; Exhibit 6; Exhibit 7; Exhibit 8; Exhibit 9; Exhibit 10.

2 City staff specifically identified the following goals and policies of the Comprehensive Plan as relevant to the proposal: Chapter III, Community Vision, Section A: Framework Land Use Policies and Policies A through D; and Section C, Commercial and Industrial Lands, Goal 2 and Policy C. Exhibit 2, Staff Report, pages 2 and 3.


Conditional Use Permit 7. The municipal code makes certain uses conditional in specific zoning districts. LMC

16.66.010, .020. A conditional use is one that—because of special requirements; unusual character, size, or shape; infrequent occurrence; possible detrimental effects on surrounding property; or other, similar reasons—is allowed in certain districts only with a CUP granted by the City Council. LMC 16.06.240.

8. LMC 16.66.050 dictates that the design standards established for the underlying zoning district serve as the initial base of reference in determining the design standards for conditional uses in the zoning district. Here, the GC district was envisioned as a zone that would permit uses and activities that depend more heavily on convenient vehicular access than pedestrian access and limit the location of general commercial areas to sites having safe and efficient access to major transportation routes. Here, the use would occupy approximately five percent of the total floor area of the 155,000 square foot mall, in a portion of the space formerly occupied by the South Puget Sound Community College. The Applicant would use the space primarily for Sunday church services and administrative office space and would obtain interior building permits to facilitate conversion of the space for church use. No changes to the exterior of the building or site alterations are proposed. All frontage improvements in the area have already been built. Exhibit 2, Staff Report, page 4; Exhibit 4; Exhibit 6; Exhibit 8; Exhibit 9.

9. The Applicant submitted a traffic generation worksheet analyzing potential traffic impacts from the proposal. The City’s Transportation Department reviewed the worksheet, and other available information, and determined that the proposed use would have fewer traffic impacts than occurred when the site was used as a community college, and, accordingly, no additional traffic mitigation fees are required. Exhibit 2, Staff Report, page 4; Exhibit 5; Exhibit 13.

10. All conditional uses must satisfy the environmental standards of Chapter 16.57 LMC. The standards govern maximum noise levels; emissions, including those of air pollutants, toxic substances, sewage, waste, and radioactive materials; and vibration or concussions. LMC 14.57.040. City staff reviewed the application and other information submitted by the Applicant and determined that the project would comply with the provisions of Chapter 16.57 LMC. Exhibit 2, Staff Report, page 2.

11. All conditional uses must also ensure that adequate protection is provided for the locality where the use is to be permitted. LMC 16.66.100. Parking is often a concern for uses, like churches, that involve large meetings. Here, however, there are 120 parking stalls on the west side of the mall adjacent to the proposed church location and 700 total parking stalls available throughout the Hawks Prairie Mall development. With an expected seating capacity of 250, adequate parking is available for the proposed use. In addition, only one other business has immediate access to the west side of the mall, a commercial recreation facility that would have peak operational hours at times different than the church. Other uses typically associated with a church that could impact adjacent


businesses—including a daycare or school—are not proposed at this time and would require additional review if proposed in the future. It is anticipated that church members would take advantage of the commercial services and restaurants in the mall after Sunday services, thus benefitting existing commercial tenants. In addition, the space has been vacant since 2015 and is on the backside of the mall, a less desirable location for retail tenants. In terms of economic impact, the Applicant is a tax-exempt organization and would occupy space previously occupied by another tax-exempt organization (the community college). The Applicant would fill a vacant space and provide potential customers for other tenants within the mall. Exhibit 2, Staff Report, pages 4 and 5; Exhibit 3; Exhibit 4; Exhibit 6.

Public Comments 12. The City received several written comments from applicable agencies in response to its

notice materials. Specifically: Fire Code Reviewer Terry McDaniel noted that he had no comments on the

proposal. Exhibit 15. Building Official/Fire Marshal Wade Duffy noted that a licensed architect would

need to be involved with the proposal, that the proposal would need to comply with applicable accessibility standards, that it would need to comply with the 2015 International Building Code and 2015 International Fire Code, that the space would need to be provided with applicable occupancy separations from adjacent tenant spaces, and that a reduced pressure backflow assembly would need to be retrofitted to isolate the building supply from the proposed tenant space. Exhibit 12.

Pat McGuin, City Transportation Engineer, noted that no additional traffic mitigation fees would be required for the proposal. Exhibit 13.

Rick Walk, City Director of Community and Economic Development, noted that the proposal would not have adverse economic impacts and would be a good use of the space. Exhibit 14.

Tom Stiles, City Development Review Manager, noted that, because no external work is proposed and the existing location has ample parking and adequate utilities, the Public Work Department has no specific requirements and recommends project approval. Exhibit 16.

Testimony

13. City Planner Sarah Schelling testified generally about the application and explained how the proposal would comply with the City’s Comprehensive Plan and zoning ordinances. She explained the history of the site and discussed the community college vacating the space after building its new facility. Ms. Schelling stressed that the site is located on the backside of the mall, a difficult space to lease to a traditional retail tenant, and that there would be no negative revenue consequences for the City because the proposal would involve replacing one tax-exempt entity with another. She also noted that the use is expected to generate additional traffic for other tenants within the mall. Ms. Schelling


stated staff determined that, with appropriate conditions, the use would not have detrimental impacts on the surrounding community. Testimony of Ms. Schelling.

14. John Kitterman, Applicant Representative, also testified generally about the application. He explained that the Applicant has operated in the Lacey area for almost 15 years but is excited to move to a downtown location. Mr. Kitterman stressed that the Applicant strives to be a benefit to the community, working with local school to support teachers and families, as well as supporting the local Boys & Girls Club. He also noted that the Applicant looks forward to working with the City to make a positive impact on homelessness in the area. Testimony of Mr. Kitterman.

15. Area resident Bill Kelley testified that he supports the proposal because Lacey is a great community to live in and he looks forward to having the church in the downtown area. Testimony of Mr. Kelley.

Staff Recommendation and Applicant Response 16. City staff recommends approval of the CUP application, subject to 11 conditions. Ms.

Schelling also recommended that any approval lapse if the project is not completed within 3 years. Mr. Kitterman stated that the Applicant understands and accepts the conditions of approval proposed by the City. Exhibit 2, Staff Report, pages 6 through 7; Testimony of Ms. Schelling; Testimony of Mr. Kitterman.

CONCLUSIONS

Jurisdiction The Hearings Examiner has authority to hear and make a recommendation on conditional use permit applications according to the quasi-judicial process and timelines in Section 1C.050 of the City of Lacey Development Guidelines and Public Works Standards. LMC 2.30.090.B.5; LMC 16.66.030 through .090. The Hearings Examiner may recommend approval, approval with conditions, or denial of the application. LMC 2.30.140; City Development Guidelines and Public Works Standards 1C.050.H. A conditional use may be granted by the City Council, after public hearing and review, for those uses requiring such permits. LMC 16.66.070.

Criteria for Review Conditional use permits are reviewed under Chapter 16.66 LMC. In order to recommend approval of a conditional use permit, the Hearings Examiner must: Ensure that conditional uses comply with the environmental performance standards, as

described in Chapter 16.57 LMC, and meet stricter environmental performance standards upon a finding that stricter standards are necessary and reasonable to protect adjacent properties, community health, or the general welfare. LMC 16.66.040.A.

Use the design standards for permitted uses in a given district as the initial base of

reference in determining the design standards for conditional uses in the same district


while allowing for alternations of those design standards, including size and shape of lots, building coverage, development coverage, parking, and landscaping. LMC 16.66.050.

Impose all Title 16 LMC requirements for the proposed use, as well as other conditions

and safeguards necessary to secure adequate protection for the locality where the use is to be permitted. LMC 16.66.100.

Recommend a time limit for beginning or completion, or both, of action on the

conditional use. LMC 16.66.100.

The criteria for review adopted by the Lacey City Council are designed to implement the requirement of Chapter 36.70B RCW to enact the Growth Management Act. In particular, RCW 36.70B.040 mandates that local jurisdictions review proposed development to ensure consistency with City development regulations, considering the type of land use, the level of development, infrastructure, and the characteristics of development. RCW 36.70B.040.

Conclusions Based on Findings 1. With conditions, the proposed project would satisfy the criteria governing uses in

the General Commercial zoning district. The City adopted the General Commercial zoning district to: permit commercial uses and activities that depend more heavily on convenient vehicular access than pedestrian access in designated areas; limit the location of general commercial areas to sites having safe and efficient access to major transportation routes; identify the types of commercial uses appropriate in the general commercial district; and provide development standards that enhance the efficient operation of commercial districts and achieve minimum adverse impacts on the community as a whole. The proposed use is consistent with the enumerated goals for the General Commercial district.

Conditions are necessary to mitigate project impacts, including conditions designed to ensure that: the addition of future uses at the church, including proposals for a childcare center or school, receive additional review; additional review occurs if exterior alterations to the structure are proposed; the Applicant obtains a sign permit; all applicable requirements of the zoning code are satisfied; the Applicant obtains all necessary permits required to facilitate the conversion of the space into a place of assembly; an architect is involved with the proposal; the project meets applicable accessibility standards and complies with the LMC and relevant City Development Guidelines and Public Works Standards, including applicable building and fire codes; the tenant space is provided with applicable occupancy separations from adjacent tenant spaces; and a reduced pressure backflow assembly is installed to isolate the building water supply from the proposed tenant space. Findings 1, 4 – 16.

2. With conditions, the proposed project would satisfy the criteria for CUP approval found in Chapter 16.66 LMC, including those governing compliance with


environmental and zoning standards and protection of the locality. The City provided reasonable notice of the application and associated open record hearing. The City reviewed the Applicant’s application materials and determined that, because no external modifications are proposed to the existing building, the project would be exempt from environmental review under SEPA. The proposed project would involve converting an existing tenant space within the Hawks Prairie Mall for use as a church. There would be no significant increase in toxic substances, odors, radiation, heat, glare, vibration, or concussion from the project. The City determined that the proposed project would not require traffic impact mitigation fees. Sewer, water, and electrical service are already available to the property. As conditioned, the project would not be detrimental to the public health, safety, or general welfare. As detailed above in Conclusion 1, conditions are necessary to ensure that the proposal meets all criteria required for conditional use approval. Findings 1 – 16.

3. The Hearings Examiner recommends that the CUP lapse three years after the City

Council’s approval if the project has not been completed. Staff recommends requiring completion of the project within three years. The Hearings Examiner concludes that the time period recommended by staff is appropriate. Finding 16.

RECOMMENDATION

The Hearings Examiner recommends that the request for a conditional use permit to operate a church in approximately 8,200 square feet of space located within the Hawks Prairie Mall, at 1401 Marvin Road NE, Suite 215, be APPROVED, with the following conditions:3 1. The addition of future uses at the church, including proposals for a childcare center or

school, shall be reviewed by the City of Lacey and, if considered an intensification of use on the site, may be subject to an applicable land use approval process.

2. If exterior alterations are proposed in the future, a design review application shall be

submitted to the City of Lacey Community and Economic Development Department. 3. A sign permit shall be issued by the City of Lacey prior to the installation of any signs on

the subject site (Chapter 16.75 LMC). 4. All applicable requirements of the City Zoning Code shall be satisfied (Title 16 LMC).

5. The Applicant shall submit applications for all required tenant improvement permits to

facilitate the conversion of the space into a place of assembly.

3 This recommendation includes conditions required to reduce project impacts as well as conditions required to meet City code standards.


6. A Washington State licensed architect is required for the proposed project (Chapter 18.08 RCW).

7. The project shall comply with the applicable accessibility standards (IBC Chapter 11 & ICC A117.1 – 2009).

8. The project shall comply with all of the codes and ordinances adopted by the City of Lacey, including the 2015 International Building Code and 2015 International Fire Code.

9. The tenant space shall be provided with the applicable occupancy separations from the adjacent tenant spaces (IBC Table 508.4).

10. The architect of record shall determine, under the applicable code requirements, whether

additional plumbing fixtures (toilets, lavatories, and drinking fountains) will be required as part of the required scope of work (IBC Chapter 29).

11. A reduced pressure backflow assembly (RPBA) device shall be installed to isolate the building water supply from the proposed tenant space (UPC Section 603).

Recommended this 12th day of December 2017.

ANDREW M. REEVES Hearings Examiner Sound Law Center

AGENDA

CITY OF LACEY HEARINGS EXAMINER PUBLIC HEARING

Tuesday November 28, 2017 10:00am

Lacey City Hall Council Chambers 420 College Street SE, Lacey, WA 98503

I. CALL TO ORDER

II. ADMINISTRATIVE AFFAIRS

Ill. PUBLIC HEARING Project #17-285: Restoration Church Conditional Use Permit Application Request for conditional use permit approval to operate a church in approximately 8200 square feet of space located within the Hawks Prairie Mall formerly occupied by South Puget Sound Community College. The site is zoned General Commercial. No exterior building or site improvements are proposed. The property is located at 1401 Marvin Road Northeast Suite 215, Lacey, Thurston County, Washington. The parcel number is 52860000100.

IV. ADJOURN

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Exhibit#

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LIST OF EXHIBITS Restoration Church Conditional Use Permit

City of Lacey Project #17-285

Description

List of Exhibits Staff Report General land use application Conditional use permit supplemental Commercial Traffic Generation Worksheet Proposed building use and projected needs submittal Restoration Church Marvin Road Site Aerial Photograph Restoration Church Site and Parking Plan Hawks Prairie Mall Overall Site Plan by ROIC Notice of Application Agency Routing Sheet Comments from Wade Duffy dated 10/29/17 with presubmission conference comments dated 8/13/17 Routing sheet with comments from Pat McGuin, Transportation Engineer Routing sheet with comments from Rick Walk, Community and Economic Development Director Routing sheet with comment from Terry McDaniel, Fire Code Reviewer Email recommending project approval from Tom Stiles, Public Works Development Review, dated 10/30/17 Notice of Hearing Certification of Notice

• llSV·NAVILIN EIDMSOOCS\HTL T R\PZLTR\PR\)D\PZ2017\P0024932 DOC I EXHIBIT

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STAFF REPORT

Date: November 17, 2017

To: City of Lacey Hearings Examiner From: City of Lacey Community Development Department

Subject: City of Lacey Project #17-285 - Restoration Church Conditional Use Permit

I. GENERAl. INFORMAllON

A. Property Owner: Susan Benton, ROIC Washington LLC (858)255-7563

B. Applicant/Authorized Representative: John Kitterman, Restoration Church

(360)791-7636

II. DESCRIPTION OF PROPOSAL

Request for conditional use permit approval to operate a church in approximately 8200 square feet of space located within the Hawks Prairie Mall formerly occupied by South Puget Sound

Community College. The site is zoned General Commercial. No exterior building or site improvements are proposed.

Ill. ADDRESS OF PROPERTY

1401 Marvin Road Northeast Suite 215, Lacey, Thurston County, Washington. The parcel

number is 52860000100.

IV. SITE PLAN INFORMATION Project Size: 8200 square feet of space within a 150,000 square foot shopping center, the

Hawks Prairie Mall. The Hawks Prairie Mall is a multi-tenant space commercial development.

Water: The shopping center is served by the City of Lacey Water

Sewer: The shopping center is served by the City of Lacey Sanitary Sewer

Power/Natural Gas: Puget Sound Energy Fire Protection: Fire District 3

Site Characteristics: The applicant is proposing to operate a church within a tenant space at the Hawks Prairie Mall.

No exterior building or site alterations are proposed. The Hawks Prairie Mall is a large

commercial development located at 1401 Marvin Road Northeast. The Hawks Prairie Mall is a

fully developed commercial site, with ample parking, an existing stormwater system and

existing landscape improvements. Marvin Road is located to the east of the site. Martin Way is

located to the south, and Quinault Drive is located to the north. The Hawks Prairie Mall is

surrounded by other commercial developments including The Landing at Hawks Prairl~·-~~~-~ Marketplace and the Freedom Point commercial development.

City of LilCl!y Project Ill 7·285 - Restoration Church Conditional Use Perm•!

The mall includes several retail and commercial tenants including a grocery store, a daycare center, a big box store, and several smaller retailers. The total size of the mall is 154,781 square feet with approximately 21 tenant spaces. The space proposed for use by Restoration Church is a portion of space that was formerly occupied by South Puget Sound Community College. The College vacated the space in 2015.

Zoning: The site is zoned General Commercial. The General Commercial zone permits a wide variety of commercial and retail uses including grocery stores, service stations, professional and business services; sales and service uses, including appliance and home furnishings, lumber yards and hardware; eating and drinking establishments; commercial recreation and many other similar type of commercial uses. The zoning district also permits uses identified in LMC 16.66 Conditional uses and permits. Churches are permitted to locate in the General Commercial zone subject to review and approval of a conditional use permit application.

V. ENVIRONMENTAL EVALUATION The proposal is to site a church in an existing commercial building. There are no exterior alterations to the building or the site proposed. The application is exempt from SEPA review.

VI. APPLICABLE COMPREHENSIVE GOALS AND POLICIES The Citv of Lacey Comprehensive Plan: This document was prepared as a joint planning document by the City of Lacey and Thurston County for Lacey and the Lacey Urban Growth Area. The following sections of the Comprehensive Plan apply to this proposal:

a. Chapter Ill. Community Vision i. Section A: Framework Land Use Policies:

1. Policy A - It is the City's overall goal to enrich the quality of life in Lacey for all our citizens by building an attractive, inviting, and secure community. The City will work in partnership with the community to foster pride, to develop a vibrant and diversified economy, to plan for the future, and to preserve and enhance the natural beauty of our environment. All policies and proposed development code changes should be reviewed with this goal in mind.

2. Policy B - Lacey's land use pattern should accommodate carefully planned levels of development that promote efficient use of land, reduce sprawl, encourage alternative modes of transportation, safeguard the environment, promote healthy neighborhoods, protect existing neighborhood character, and maintain Lacey's sense of community.

3. Policy C- Support efforts for job creation, new livable wage jobs, and promote the diversification of the community's business and employment sector.

4. Policy D- Plan for and promote an economically healthy City center that is unique; attractive; and offers a variety of retail, office, service, residential, cultural, civic, and recreational opportunities.

ii. Section C: Commercial and Industrial Lands

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1. Goal 2: Create vibrant, integrated and well-designed commercial districts in

designated areas in the community. 2. Policy C: Urban design standards along Lacey's arterial entrance corridors should

provide a sense of positive identity, visual interest, and high quality gateways to the City.

VII. APPLICABLE MUNICIPAL CODE STANDARDS The following list depicts the applicable sections of the Lacey Municipal Code that

Planning staff relied upon when evaluating this proposal for land use approval: ,. Title 14 - Buildings and Construction

,. Title 16 - Zoning

o 16.27 General Commercial o 16.66 Conditional Uses

o 16. 72 Off-street parking

VIII. NOTIFICATION

The application for conditional use permit approval was received on September 29, 2017, and was deemed complete pursuant to RCW 36.708.070 on October 16, 2017. The comment period

for the Notice of Complete Application had a 14-day comment period that ended on October 30, 2017. A notice was published in The Olympian and the site was posted with the notice of complete application. These notices are attached to this report as exhibit #10. The City

received internal department comments from the Building Department and the Public Works Department. These comments are attached to this report as exhibit numbers 12, 13, 14, 15, & 16.

Written notice of the public hearing was sent to all property owners within 300 feet of the site

on November 17, 2017, and notice was published in The Olympian on November 17, 2017, at least 10 days prior to the public hearing. Notice was posted on-site on November 17, 2017.

IX. COMMUNITY DEVELOPMENT DEPARTMENT ANALYSIS

In review of this proposal it is important to consider the goals and policies of the comprehensive

plan, the required findings and general provisions of the Zoning ordinance of the Lacey

Municipal Code (LMC). Staff has reviewed this project in light of the code requirements and

offers the following discussion and analysis:

Conditional Use Permit Review The conditional use permit review process allows the City to provide a higher level of review for

certain uses which tend to be difficult to locate in specific land use zoning districts or for uses

where it may be inappropriate to limit to them to certain zones. The process further allows the

City to review certain types of land use applications and determine on a case by case basis

whether the use is appropriate for the proposed site and zoning district, and to place conditions on the project to ensure that it is compatible and complementary to adjacent activity.

p ' ,,. : ". 7

In this particular case the applicant is proposing to occupy approximately 8,200 square feet of space in mixed use mall approximately 155,000 square feet in size. This use will occupy approximately 5% of the total floor area of the mall. The proposal will not be the primary use on the site, but is intended to add to and complement the existing users at the Hawks Prairie mall. The space is a portion of floor area that was formerly occupied by South Puget Community College. The space was vacated in 2015, and the larger portion of the college space will be occupied by a commercial recreation facility (Charlie Safari). The church is proposing to use the space for Sunday Services as well as for administrative office space. Interior building permits will be obtained to facilitate conversion of the space for church use. There are no changes to the exterior of the building or site alterations proposed. The church intends to hold Sunday services from 8:00am - l:OOpm weekly; they also intend to hold evening meetings at the facility.

As previously mentioned the conditional use permit process allows the City to review uses which should not be limited to certain zones and to place conditions on the proposal to mitigate potential impacts of the use within a certain zone. For this application, negative impacts are not anticipated. Traffic impacts have been analyzed by the City of Lacey Transportation Department based on the submitted traffic generation worksheet. Based on the review, no traffic impacts are anticipated as a result of this change of use. This determination was based on a comparison of the trips generated by a church and those that would be generated by the previous use as a community college. The church trip generation rate is 0.55 trips per thousand square feet of space; Restoration Church would generate 4.5 vehicular trips in the evening PM peak. The community college trip generation rate is 2.54 trips per 1000 square feet; for the 8,200 square feet proposed for use by the church, the number of trips generated by the community college would be approximately 21 trips. Mitigation fees for these trips have already been paid and they are considered vested to the site; because the church generates far fewer vehicular trips than the community college no new transportation related impacts are anticipated and no additional mitigation fees are required.

In addition to reviewing for traffic impacts, Staff reviewed the proposal for any potential parking impacts. There are 120 parking stalls located on the west side of the Hawks Prairie Mall adjacent to the proposed location of the church. The applicant states that the initial seating capacity of the church will be 108 seats, with an eventual maximum seating capacity of 250 occupants. Parking requirements for a church are based on seating, with 1- 2 stalls required per 4 seats. At 250 seats between 63 and 125 parking stalls are required. There is adequate parking located for the church on the west side of the Hawks Prairie Mall directly in front of the church tenant space. There are more than 700 parking stalls throughout the Hawks Prairie Mall development that are available for church members and business patrons alike.

It is important to note that the tenant space for the church is located on the west side of the mall, which is the back side of the mall. There is only one other business on this side of the site that has access to the parking stalls on the west side of the mall. Charlie Safari, a commercial recreation facility, is located in the remainder of the space previously occupied by the community college. Charlie Safari has building access to the business from both the east and west sides of the mall. The east side of the mall is the primary mall entrance and has the primary parking areas available to all the mall tenants. Although Charlie Safari has an entry

City of Lac<>y Project Ul7-!85- Restoration C1'1urch Co11Llitionaf Use Permit

point on the west side of the mall its primary business entrance Is on the east side of the mall. lt is likely the Charlie Safari customers will park and enter the business from the east side of the mall. If customers do park on the west side of the mall, church services, which will generate the most trips associated with the use, will only occur on Sundays between 8:00 am and 1:00 pm, with no impact during weekly operations of the mall. If any parking conflicts occur, it is likely they would be limited to Sunday morning, during atypical retail operating hours. The church will have some secondary uses, including evening meetings and some training classes, and anticipates needing between 10 and 30 parking stalls for those uses. This need is accommodated easily with existing parking stalls. With the stalls on the west side of the mall and the parking on the east side of the mall, there is little potential for parking conflicts and no additional parking stalls should be required.

At this time, other uses that may typically be associated with a church and that could have additional impacts on adjacent businesses, including a daycare or a school, are not proposed. A condition is included that would require that should additional uses be proposed in the future they should be reviewed by the City and may be subject to additional requirements to mitigate any impacts associated with them. Because the church is proposing to occupy space in a developed commercial mall, water and sewer service is already provided to the building. No additio~al provisions need to be made for water, sewer or other utility services.

The conditional use permit process also allows the City to review proposed uses for compatibility with the surrounding uses and neighbors. As mentioned this use proposes to occupy approximately 5% of the floor area of the Hawks Prairie Mall, occupying a portion of the space previously used by South Puget Sound Community College. The church will primarily operate on Sundays between the hours of 8:00am and l:OOpm, with some evening meetings during the week. It is anticipated that church members will take advantage of the commercial services of the surrounding area after Sunday services, and during and after meetings; thus benefitting the existing commercial tenants. Additionally, this space has been unoccupied since South Puget Sound Community College vacated the space in 2015. Because it is on the back side of the mall, it is less desirable for retail tenants. The Church as a tenant provides a user for the space and brings additional people to the mall. In terms of economic impact, South Puget Sound Community College was a tax exempt organization operating in the space, so the church as a tax exempt organization will not be taking space that was occupied by a user that would generate tax revenue for the City. Further the larger portion of the space that was previously occupied by South Puget Sound Community College is being converted to an indoor commercial recreation facility that will be revenue generating tenant. It is not anticipated that the church will be incompatible with existing or future commercial uses, or that the church will be incompatible from an economic development standpoint for the City. Restoration Church will fill a vacant tenant space and will provide customers for existing uses at the mall.

Based on review of the application materials and applicable code sections, staff finds that the proposal is consistent with the goals and policies of the City of Lacey Comprehensive Land Use Plan and recommends approval of the project.

•' .: =r'·~·.•· 1: - -; , , · t-.c-~ ·-- r •I I 11 '· ••• ; '. 'i ·:.-,, J

X. HEARING EXAMINER AUTHORITY The Hearings Examiner has the responsibility and authority to recommend action to the City Council on conditional use permits. Pursuant to section 2.30.140 of the Lacey Municipal Code, the Examiner has the authority to render a decision on the application which may be to grant, deny, or grant with such conditions, limitations, modifications and restrictions as the Examiner finds necessary to make the application compatible with its environment, the comprehensive plan, other official policies and objectives and land use regulatory enactments.

XI. SUMMARY OF STAFF ANALYSIS Staff finds that the proposed conditional use permit is consistent with the City Comprehensive Development Plan, the City Zoning Code, and other applicable codes and regulations provided that the conditions recommended below, under Section XII, are implemented.

XII. STAFF RECOMMENDATIONS CONCERNING ACTION ON THE PROPOSED Conditional Use Permit Based upon the above analysis, city staff recommends approval of the conditional use permit. The project shall proceed in substantial conformance with the plans on file, except as modified below:

Community Development Department: 1. The addition of future uses at the church, Including proposals for a childcare center, or

school, shall be reviewed by the City of Lacey and if considered an intensification of use on the site may be subject to an applicable land use approval process.

2. If exterior alterations are proposed in the future a design review application shall be submitted to the City of Lacey Community and Economic Development Department.

3. A sign permit shall be issued by the City of Lacey prior to the installation of any signs on the subject site. (LMC 16.75)

4. All applicable requirements of the City Zoning Code shall be satisfied {LMC Title 16).

5. The applicant shall submit applications for all required tenant improvement permits to facilitate the conversion of the space into a place of assembly.

6. A Washington State licensed architect is required for the proposed project (RCW 18.08).

7. The project shall comply with the applicable accessibility standards (IBC Chapter 11 & ICC All7.1-2009).

8. The project shall comply with all of the codes and ordinances adopted by the City of Lacey, including the 2015 International Building Code and 2015 International Fire Code.

9. The tenant space shall be provided with the applicable occupancy separations from the adjacent tenant spaces {IBC Table 508.4).

10. The architect of record shall determine per the applicable code requirements if additional plumbing fixtures (toilets, lavatories, and drinking fountains) will be required as part of the required scope of work (IBC Chapter 29).

11. A reduced pressure backflow assembly (RPBA) device shall be installed to isolate the building water supply from the proposed tenant space (UPC Section 603).

City of l;K~Y Pro)ett Ul7·285- Restoration Church Coritlilional Use Permit Paee 7 of7

CllJ:MCEY

Slaapurg our cormmmity togetl111r

R~CE.iVED .,. ~

SEP 2 4 101J

-- OFFICL\L USE Ol:\L \"

Dare: -J . ."t-l 7 Case#: - ~ $?.)"

CL DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT ./JO College Street SE. Lacey, ff",.I 9850J (J60) ./9/-56./2 Related Cases: ---

GENERAL LAND USE.APPLICATION

0 Bin.cling Sire Plan (Ptelimicary) 0 Binding Site: PlAo (Final)

~ Boundary line Adjustment Conditiocud Use Permit Emimnmcntal Checklist (SEPA) (must include 2

en•. cootaiAing .pelf copies of all submittal materials, including application•)

BJoint Aquaric Re.c;ources Pennit Appliation CTARP.-\) Landclcariog Pemiit/Class IV Forest Prnctices ,

•Applicant/Property Owner Information

lication:

0 Planned Residetttial Development (Prelimhwy) 0 Planned Residential Da·dopmcnt (F.irual) 0 Short Subdh-ision (Prc:limin~~ 0 Sbott Sulxfu-ision (Fioal) 0 Site Plan Re\·icw 0 Street 'McrchRnt SupplcmentJtl 0 Subdivision (P.rclimina.c}·) 0 Subdilision (Final)

§ Townhouse Development Permit \'('c:tland DC\'Clopment Pcnnit \"('oodland District Supplcm.ental

0wner: ____ _...g....._tJ......,l....:~~())i:;..;;;....;;;tJ$°"""""""''1.....,1~-.L.l!~~-rz--'l--'L.,,...G=--------l\lailiog.Addrcss: /5{plJ() ALE i~ #~-ls- 6et/e11u-e. w4q.gt;o~ PhoocNumbct(s): __ t_~_g ___ "_s_s_~ __ -z.....,51'"'""~==.3;;...._ _______ ' ____ _

~nWJAddre:.~ __ ~G __ b~tM;/b-----n~--~-a~·~~e----i+_._n~~--f-~~----------~-

Applicant {?J;s7oBBf/OCJ C Ht J{lC<H

Mailing Address: /b70Q MAp..T I l\J (...Vf\Y £:. #tJt.j PhoocNumbcr(s): 36o '155 008.2

E~mail Address: (') r c. I°' c,e •Authorized Representative: :J0ftl\J J< ITTE&M AN Mailing Addre!!!: 53"2-7 R uf.l':&r, Og SG'

1 01 '( fVl?/A '18S 13

Phone Number(s): 360 /9 ( 7G 36

OJltMIUt.

f:()R;\J: (ff~l.l - I IU/U/tl EXHIBIT

13

Project Information

Project Name: RE~&r:ttio~l (,f:h2 P-.Cf::I ProjectDescription: ()~r-rJ~. 8..esf12tsh"r10i t'' :±b:e .. .Sp&(:f ~ ~:te.'v\OJ'.::.~{ b~ ~P~CC:..: I ~~ .;r\f-:,c,\.._..._c) ~~·~c.:r-~;¢=' hi"'\

cC1·-up1'ej

Property Description

Site Address: l~'2l t1 AR..'vltJ RoAO NE S~lf~ fOl~ 2.15 Full Legal Description of Subject Property (attached 0):

Section: l I Township: l '8 Range: llAI Assessor Tax Parcel Number(s): .57 8.~ ()t)ti?lrn Zoning District:

Shoreline Designation (if applicable):

Area of Project Site (in square feet if less thnn 1 acre; in acres if greater):

Critical Areas on or near Site (show areas on site plan):

~ None D Wetland

D Creek or stream (name): D Steep slopes/ draw I gully I ravine

D Lake or pond (nrune): D Historic site or structure

D Endangered or threatened species (identify): D Flood hazard area, provide FElv1A flood :zone and map number:

D Encumbrances, such as wells with radius, and easements:

Utilities (Existing and Proposed)

Water: Existing LBrE.'f.. Proposed LAc/i..'f..

Sewer: Existing Ll-t~":f.. Proposed t..tr::~'r' Access (name of street(s) from which access will be gained): GAt..A'2<'f 1

' ~8B-Iu~J Mt}.Q.y IN Qr 110li$LI

1

I affinn, under penalty of perjury, that all answers, statements, and information submitted with this application are correct and accurate to the best of my knowledge. I also affirm that I am the owner of the subjecc site or am duly authorized by the owner ro act with respect to this application. Further, I grant permission from the owner to any and all employees and representatiV.es of the City of Lacey and other governmental agencies to enter upon and inspect said property as reasonably necessary to process this application. I agree to pay all fees of the City that apply to this application. ·

7/?21zv17 Print Name Date

Please artach all applicable supplemenral forms

FORM: GENLU - 1 I0/13/l l

0'bf=LACEY

Shaping OH1' community togetlier

RECEIVE SEP 2 g 20l7

DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT 420 College SJreetSE, Lacey, WA 98503 (360) 491-5642

CONDITIONAL USE PERMIT SUPPLEMENTAL (Thir form lo bt a«0mpallied b.J llH Gtntml Lmd Ure Appliratio11)

Project Information

OFFICIAL USE ONLY

Date: -1-J~t--1-...L.....~

Cue #:...-!/~~=.ic.,~

. Planner,_· ...i.::;.,;:...;.;.~~-:1 Related Cases: __ _

11 Applicant Name and Phone Number: ....1fS€.~~~~V~Mi.=u.T..u.IO"""rJ.=......~C"""/::J...LlU"'-=-=R~c...._1=..L..\ ___ ::S...;;- G..;;;;O_j......,.:;S--=_S-_-..;;:;CTJ~&::11118~--

! Authorized Rep. Na:me and Nwnber: ....:::3S~o:uHN~....1K..:::a...i.tTI...J....L:t:..=-:..:..R~fv'\.....;.:..A.;..:tJ:..;;._ ___ ___.::3~6~0:;.......;7....,JCful:..-..:°J~6:....3..;;.. . ..:;{, __ _

Project Name: Resrof?.AJ)arJ Cfts.1RG.H 1·

1

Planning Project Nwnbcr:._---=1~7-'--_-_..;:2.E?=~S=----------------------1

1

Summarv Of Request <list tvPes of uses)

Hours of Operation (include number of days per week): 5v,YQA'J'5 ~ - I Z. . S("'e.. ahcbi-.d ;

Total Square Footage of Site: ---- Total Sciuare Footage in Paved or Covered Surfaces: ____ _

Number of Dwelling Units: Proposed: ---------- Permitted: ---------

Existina Zonina

Existing Zot?ing Designation:-'G-. ... C...-<;.._.--- Comprehensive Plan Designation:_4'.:::s...;!o.C .... <::..-----

1 How ~oe~fthc projec)t?conform to the Comprehensive Plan and Zoning Ordinance (attach additional sheets with 1

1 narrattve 1 necessary

Essential Public Facility? No Type One: ____ Type Two: ____ Type Three: ___ _

Commercial Uses Total gross square footage of commercial buildings: ____________________ _

Description of each commercial use: __________________________ l I

What provisions have been made to safeguard the adjoining properties against any detrimental effects caused by 1 the developmenr? , - . ,

- EXHIBIT FOUi\!: CUP - 2 S/11/ 111

I ~1 I.

\Vhat provisions have been made to make the dcvdopment compatible with che appearance and character of

the surrounding neighborhood? tl.a ar\c\ i±i boa 1 eyj°u-ni;l 1 Je.ve lopine...n+ £.S

re,cpu1r~ for th,'S &ff2{1C.;,f ,on Mi1i ~1..llt t,,sc, ii11 ~~1siina< -6~ ~ 1~ I D.ff Ol1~ 1 ~-f!:i! ~t(!ic..-tur e

I Protective Covenants

Are there protective covenants for the subdivision in which this use is to be located? N(tJ •

If so, attach a copy of the covenants and explain how the proposed use does or does not conform to the covenants. Cite specific section(s) of the covenants for reference:

Day Care Centers And Nursery Schools

Ma.'<imum Number of Students: Estimated M.a.ximum VehicuL'l!' Trips Generated:

How are these vehicular trips distributed by mode and time of day?

Attach a commercial ~ffic generation worksheet to the application form.

Essential Public Facilities Identified:

Does the proposed use meet the definitioo and crireri.a of 16.66.060 for essential public facilities review:

0Yes 0No

If yes, what type of facilicy is it classified as:

D Type 1 D Type 2 D Type 3

Please see additional submittal requirements for Type 1 and 2 essential public facilities below.

I affirm, under penalty of petjury, that all answers, sratements, and information submitted with this application are correct and accurate to the best of my knowledge. I also affirm that I am the owner of the subject site or am duly authorized by the owner to act with respect to this application. Further, I grant permission from the owner to any and all employees and representatives of the City of Lacey and other governmental agencies to enter upon and inspect said property as reasonably necessary to process this application. I agree to pay all fees of the Cicy that apply to this application.

.,,}OHN /( 17(&-R.JVJAN Print Name

f:!o.'t ate Siw/ature

Please attach all applicable supplemental forms

FO!ll\I: CUI' - 2 :S/!l/lO l':Jf."' 2nf4

City of Lacey DEPARTMENT OF PUBLIC WORKS 420 College Street S.E. Lacey, WA 98503-1238 (360) 491-5600

COMMERCIAL TRAFFIC

GENERATION WORKSHEET

Date: 1/2,z/-z.o1# ProjectNo.: / 7-zi5 ProjectName: Re.S!<gA11oN CHlleG.H ParcelNo.: ______ _

Project Address: / '-f () I t'\e.B,'1\C\,) Pq\'O NE: Sv1+e... 215'

Applicant's Name: .;roHI\) k 1JIE/{MAN Phone: 360 7Cf/ 7636 Applicant's Address: 6 7av M AR:-T If\.) tN$ y E -#tot.j

Existing Use

Is there an existing use on the proposed project site:

Has the existing use been vacant for more than 18 months?

Will any of the existing buildings be demolished?

~Yes

8}Yes

0Yes

0No

0No

~No

Please explain the current use, if any (type of business; business license number, if available; size in gross square feet; number of employees; hours of operation, etc.):

cuf!l<E.NiLy VAGANT. F'RC..Yt()v.5>l-Y SouTH Pv~ SuoND

CoMMVNITY CDl..-J...E:~f.:£ •

EXHIBIT

FORM: CTRAFF-2 PAGEL 0 2005 City ofLacc:y, W I ?"

Proposed Use (Include Site Plan}

Commercial projects can cover a wide variety of land uses, not all uses are covered in the Trip Generation Manual A private traffic engineer may be required for exceptional proposals. Please provide as much infonnation as possible, if applicable to your development:

Project Site Gross Acres: Number of Gas Pumps I Fueling Positions:

Building Size Gross Square Feet: Number of Drive-through Windows:

Number of Employees: Number of Service Bays:

Number of Parking Stalls: Number of Car Wash Stalls:

Number of Students I Children: hci Number of Seals (Theaters, etc.): ?SD Number of Rooms (Hotels, etc.): Number of Courts I Fields I Tees:

Please explain the proposed use (type of business and all other infonnation not provided above that you feel is relevant in determining traffic generation): }11£ /:;Q.oro.Se:D vS~ I!, ro C>feR..ffTS: A c HU~ CJ./ Af..JD c_b/vflc.,H OFf/~l::.-5

AT l'fO\ Nl\~'lil\J K..o1'D sum; -z..15'". P~1ivi~P--Y v~e:- 1 '5 10 Ho'-C> seRv1c,e-.5

Su ND'lf\V l'1. o(<.,UIN4$ fR,orJ\ e'A M 10 1 z. PfVI. s·e:coivDA R.. 'r' vseS A Rt:: l'-\eJ:T/NGi ~ ot-J c.ve:i::;K QA'( G'v#<Nlf'ttr.5 P,£:qv1(1.IN6t AfJ E.&f1fVlf1Tel:J Zo --3o PA P-K/NC, 'STAJ....L..S • St::.l?" A IJAC-HE"b vse:- b/;:S t:.R..JPT 101'1.

I declare that I have completed this fonn and to the best of my knowledge and belief the above information is true and correct. I understand the City is relying on this information to accurately determine the traffic impacts from my development.

For Official Use Only:

HTE Development

I.and Use

Number:

Reviewer:

Code:

Total PM Peak Hour Trips: __ _

for Traffic Division By: Approved

Planner: ~~~~~~~~~~~~~~

Discounts Applied:

New PM Peak Hour Trips:-------

Comments:~~~~~~~~~~-~~~~~~~~~~~~-~~~-CalcuJated by: _____ _

FORM: CTRAFF·2 PAGE2 0200s Cityofl.al:cy, Washington, USA

Restoration Church Project Project Number: 17-285

Proposed building use and projected needs

The proposed use is to operate a church and church offices in approximately 8200 sq. ft. at 104

Marvin Road E #201A. Access is provided on the west side of the building. Restoration Church

will not be operating a daycare or school from this location.

Parking

Parking requirements are 1 to 2 stalls per 4 seats. There are 119 existing parking spaces on the

west side of the building which are shared amongst the tenants. Additionally there are

hundreds of stalls available on the site.

Primary Use - Sunday morning service(s}

1} The primary use is to hold services on Sunday mornings from approximately 8:00AM -l:OOPM. Initial seating capacity of 108 seats would require 27 to 54 parking spaces.

2) Anticipated maximum seating capacity of 250 requires 62 to 125 stalls. 3) Growth beyond the seating capacity would be handled by holding multiple services

Sunday morning - effectively distributing the parking load over a greater period of time.

Secondary Uses - Evening meetings or training classes

4) Secondary use during week days/evenings requiring an estimated 10 - 20 parking spaces with random scheduling.

5} Occasional special training or events requiring an estimated 25 - 30 day/evening parking spaces.

Other mitigating factors

• There is one other tenant that could potential have patrons entering from the west side of the building.

o The church's primary hours of use are not prime operation times for Charlie's Safari

o Charlie's Safari patrons can enter from the east side of the building entrancet which is effectively the front of the building.

Compatibility

This use is compatible with the neighborhood and the existing businesses.

• Church peak operation times are opposite the surrounding businesses

• Church attenders will frequent surrounding restaurants following services

• There is adequate on-site parking

• This location has been unoccupied for a number of years

EXHIBIT

I (e

Proposed location of Restoration Church.

RESTORATION CHURCH MARVIN ROAD SITE

RESTO RATIO

SEP 2017 I 7 info@rclacey. -......!--~-

111 II 11111

011~1111111

RESTORATION CHURCH ...--..... PARKING PLAN I EX;IT

Oturch _ CJ

l~~ I

_rrmb ....__

:(57777~

: G<<<\\~<«D

QUINALT DRIVE NE

NOTICE OF APPLICATION

The City of Lacey Department of Community Development has received the following application for a conditional use permit;

Date Application Received:

Project Name:

Project Description:

Project Location:

September 28, 2017

Restoration Church

Operate a church in approximately 8200 square feet of space located within the Hawks Prairie Mall formerly occupied by South Puget Sound Community College. The site is zoned General Commercial. No exterior building or site improvements are proposed.

1401 Marvin Road Northeast Suite 215, Lacey, Thurston County, Washington. The parcel number is 52860000100.

The following studies and/or reports are required as a part of this application: None at this time.

This Application will undergo the following approval process: Other Permits/Approvals1Required: Building permits for interior tenant improvements

No preliminary determination of consistency with City plans or standards has been made. At minimum, this project will be subject to the following regulations: LMC Title 14 "Building and Construction", Title 16 "Zoning", International Building and Fire Codes, as well as the Development Guidelines and Public Works Standards.

On October 16, 2017 this application was deemed complete pursuant to RCW 36.708.070. This determination of completeness means that the application is sufficient for continued review. This determination does not preclude the City of Lacey or other reviewing agencies from requesting additional information or studies either at the time of this notice or subsequently, if new information is required or if substantial changes in the proposal occur.

Anyone may review any document submitted as part of this project application and may comment on this proposal. No action will be taken on this application for 14 days from the date of this notice or before October 30, 2017.

' This application and related studies are available for review at the Department of Community Development, Lacey City Hall, 420 College Street SE, Lacey, Washington. For more information please contact the Community_ Development Department at 360-491-5642 during normal business hours, typically between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. IJj•ll!!!~~!!ll!pmlll!"

EXHJBIT

I 10

Shaping our community i ·! toge~er

C/6~LACEY

Date: October 16, 2017

Project Name: Restoration Church H.T.E. Case Number: 17-285 Parcel Number(s}: 52860000100

TRANSMITTAL MEMORANDUM Department of Community Development 420 College St. SE, Lacey, WA 98503

360-491-5642

Please review the attached project information and notify Sarah Schelling, AICP, Senior Planner, in our office in writing of any comments or recommendations by October 30, 2017. Your comments will become part of the record and utilized in the decision-making process. You may either mail your comments to the above-mentioned address or e-mail them to [email protected].

TYPE OF APPLICATION: Conditional use permit application

TO: ./ Building Codes - Wade ./ Fire Codes - Terry ./ Development Review Division - Tom S . ./ Traffic Division - Martin

./ Site Plan Review Committee o R. Walk, S. Egger, S. Spence

If comments are not received by the date noted above, it will be construed that your agency/department does not have any comments or objections to the project as proposed.

EXHIBIT

I If

Shaping - our community i ' · 'l!'o~~er

Cl6~LACEY


Project Name: Restoration Church H.T.E. Case Number: 17-285 Parcel Number(s): 52860000100


360-491-5642



TO: ./ Building Codes - Wade ./ Fire Codes - Terry ./ Development Review Division - Tom S . ./ Traffic Division - Martin ./ Site Plan Review Committee

o R. Walk, S. Egger, S .. Spence


1012cr\\~ SM~h-r-

No vvew ~~

l ,

CITY OF LACEY BUILDING DIVISION

PRESUBMISSION CONFERENCE NOTES

CASE NUMBER: 17-285

RELATED CASES: None

TYPE: Church T.I.

APPLICANT: Restoration Church

PROJECT ADDRESS: 1401 Marvin Rd (#1028)

MEETING DA TE: 8123117

APPLICABLE STANDARDS AND COMMENTS:

1. RCW 18. 08 - A Washington State licensed architect is required for the proposed project.

2. /BC Chapter 11 & ICC A 117. 1 - 2009 - The proposed project shall comply with the applicable accessibility standards.

3. The proposed project shall comply with all of the codes and ordinances adopted by the City of Lacey, including the 2015 International Building Code and 2015 International Fire Code.

4. /BC Table 508.4-The proposed tenant space shall be provided with the applicable occupancy separations from the adjacent tenant spaces.

5. /BC Chapter 29 - The architect of record shall determine per the applicable code requirements if additional plumbing fixtures (toilets, lavatories and drinking fountains) will be required as part of required scope of work.

6. UPC Sec. 603 - As part of your required scope of work, a reduced pressure backflow assembly device shall be retro-fitted to isolate the building supply from the proposed tenant space.

Please understand that the items noted items are only preliminary comments based on the information received. Please call me at (360)491-5642 if you have any questions regarding this project.

Sincerely,

Wade R. Duffy Building Official/Fire Marshal

P0024698.DOC

Shaping our community I l! loge~~ TRANSMITTAL MEMORANDUM

cr6'f= LACEY Date: October 16, 2017


Department of Community Development 420 College St. SE, Lacey, WA 98503

360-491-5642



TO: ./ Building Codes - Wade ./ Fire Codes - Terry

./ Development Review Division - Tom S. • .

./ Traffic Division - Martin /V"o ~rfl~~~g f ~ /111JrT'J~//PYJ ~

./ Site Plan Review Committee / o R. Walk, S. Egger, S. Spence


l/UA11~ ~m ~

~huJ2~7' 2-... ~-¥ ~,e_/~Dll

?> .. ?~ /Ee- /&O' FT

EXHIBIT

I 13

Shaping our community I ' I mg.~.,

Cl6~L.4CEY




360-491-5642

Please review the attached project information and notify Sarah Schelling, AICP, Senior Planner, in our office in writing of any comments or recommendations by October 30, 2017. Your comments will

become part of the record and utilized in the decision-making process. You may either mail your comments to the above-mentioned address or e-mail them to [email protected].


TO: ./ Building Codes - Wade ./ Fire Codes - Terry ./ Development Review Division -Tom S . ./ Traffic Division - Martin ./ Site Plan Review Committee

o R. Walk, S. Egger, S. Spence


EXHIB11i

I Ji_

Shaping our community . . Ii together

~ Cl6~LACEY




360-491-5642

Please review the attached project information and notify Sarah Schelling, AICP, Senior Planner, in our office in writing of any comments or recommendations by October 30, 2017. Your comments will become part of the record and utilized in the decision-making process. You may either mail your

comments to the above-mentioned address or e-mail them to [email protected].


TO: ./ Building Codes - Wade ./ Fire Codes - Terry ../ Development Review Division - Tom S . ./ Traffic Division - Martin ./ Site Plan Review Committee

o R. Walk, S. Egger, S. Spence

If comments are not received by the date noted above, it will be construed that your agency/department does not.have any comments or objections to the project as proposed.

I

EXHIBIT

I /1J

Sarah Schelling

From: Sent: To: Subject:

Good Afternoon Sarah,

Tom Stiles Monday, October 30, 2017 3:3S PM Sarah Schelling Restoration Church H.T.E. 17-28S

As presented in the application, no external work is proposed with this application. Since this is an existing location with ample parking and adequate water and sewer, there are not any Public Works requirements for this project.

Public Works Development Review recommends this project for approval.

Tom Stiles Development Review Engineer

EXHIBfli

1 t· 16

NOTICE OF PUBLIC HEARING

This is, to notify you that the City of Lacey Hearings Examiner will conduct a public hearing on November 28, 2017, at lOam, at Lacey City Hall, 420 College Street SE, in the Council Chambers, for consideration of the following item(s):

Application tt 17-285: Request by John Kitterman of Restoration Church to operate a church in approximately 8200 square feet of space located within the Hawks Prairie Mall. The space was formerly occupied by South Puget Sound Community College. The site address is 1401 Marvin Road Northeast, Suite 125, Lacey, Washington. The parcel number is 52680000100.

If you want to state your opinion of this project, please attend the public hearing. Be prepared to speak briefly to the Hearings Examiner. What you say will then become part of the public record. If you cannot come to the public hearing but wish to comment, please write a letter to: Hearings Examiner, 420 College St. SE, Lacey, WA 98503. Your letter will become part of the public record if we receive it before the hearing.

Information on this project, including a study of possible environmental impacts, is available at City Hall. Or, you may phone the Community Development Department at (360} 491-5642.

If you need special accommodations to participate in this meeting, please call us at (360) 491-5642 by 10:00 a.m. the business day before the hearing.

LACEY COMMUNITY DEVE.LOPMENT DEPARTMENT Sarah Schelling, AICP, Senior Planner

420 College St. SE Lacey, WA 98503

DID YOUR NEIGHBORS RECEIVE THIS NOTICE? PLEASE SHARE IT WITH TH EM!

EXHIBIT

I 17 I

Proposed location of Restoration Church.

RESTORATION CHURCH MARVIN ROAD SITE

RESTORATION CHURCH

SEP 2017 [email protected]

CERTIFICATION OF PUBLIC NOTICE

I, Sarah Schelling, Senior Planner, for the City of Lacey hereby certify that public notice for the Restoration Church Conditional Use Permit Application was given as follows:

APPLICATION Notice of Application Published: Notice of Application Posted:

HEARING Notice of Public Hearing Published: Notice of Public Hearing Posted: Notice of Public Hearing Mailed to Mailing List:

October 17, 2017 October 17, 2017

November 17, 2017 November 17, 2017 November 17, 2017

The above is an accurate accounting of the public notice provided for the project.

arah Schelling, Senior Planner

STATE OF WASHINGTON) ) SS.

County of Thurston )

This is to certify that on I I/; 7 , !._]_ before the undersigned Notary Public, personally appeared& r .JJ ~J. t-/ t.1 ~ Planner for the City of Lacey.

IN WITNESS WHEREOF, I have ktf reunto set my hand and affixed my official seal the day and year first above written.

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EXHIBIT - 1

I /~ II '•

Page 1 of 2


SUBJECT: 2018 Budget Ordinance _________________________________________________________________________

RECOMMENDATION: Motion to adopt the 2018 Budget ordinance setting the total budget in the amount of $130,017,984 and the General Fund total budget in the amount of $47,178,157.

________________________________________________________________________

STAFF CONTACT: Scott Spence, City Manager Troy Woo, Finance Director

ORIGINATED BY: Troy Woo, Finance Department

ATTACHMENTS: 1. Ordinance No. 1525

FISCAL NOTE: 2018 Total Budget $130,017,984 2018 General Fund Budget $47,178,157

PRIOR REVIEW: Public revenue hearing (11/2/17) and two public hearings on the budget (11/9/17 and 12/7/17) were conducted.

________________________________________________________________________

BACKGROUND:

After many hours of hard work by the City Council, Finance and Economic Development Committee, and City staff, the final step of the 2018 Budget process has been reached.

The budget ordinance that is presented for your consideration contains the following change to the original Proposed 2018 Budget document that was presented on October 26, 2017:

The 2018 Sister City Program has been increased $18,000 for liability insurancepremiums relating to the student exchange program.

The total Proposed 2018 Budget is $130,017,984. This is a decrease of $5,946,587 compared to the amended 2017 Budget. Increasing labor costs, workforce considerations, and strategic economic development investments are offset by reductions to capital improvement program expenditures.

Page 2 of 2

The total proposed General Fund Budget is $47,178,157. This is an increase of $2,618,018 or 5.8 percent compared to the amended 2017 General Fund Budget. The primary reason for the General Fund increase is related to the aforementioned workforce considerations and strategic economic development initiatives. The overall 2018 Budget focuses on maintaining service, while continuing to fund capital projects that have been in the planning and concept stages for many years, address priorities established by the City Council, and plan for the City’s future.

________________________________________________________________________ ADVANTAGES:

1. The Proposed 2018 Budget is balanced and preserves service levels.

2. Activities necessary for the City to plan and ensure that future services can be

maintained are included in the Proposed 2018 Budget. DISADVANTAGES: 1. This is a challenging economic time to increase property tax collections and utility rates.

However, these modest increases allow the City of Lacey to preserve its service levels.

Ordinance No. 1525 Page 1 of 4

ORDINANCE NO. 1525 CITY OF LACEY AN ORDINANCE ADOPTING THE ANNUAL BUDGET OF THE CITY OF LACEY FOR THE 2018 FISCAL YEAR AND APPROVING A SUMMARY FOR PUBLICATION. WHEREAS, the City Manager of the City of Lacey has prepared and submitted to the City Council the preliminary budget of the fiscal year ending December 31, 2018, and has filed this preliminary budget with the City Clerk, and WHEREAS, notice of the legislative budget hearings were published in the official newspaper of the City once a week for two consecutive weeks designating the dates, the times, and the place of said public hearings, and WHEREAS, the City Council, at two public hearings held at Lacey City Hall on November 9, 2017 and December 7, 2017, did meet to consider the fixing of the final budget, now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LACEY, WASHINGTON, AS FOLLOWS: Section 1. The preliminary budget of the City of Lacey for the fiscal year 2018, on file with the City Clerk, as presented at the public hearings held on November 9, 2017 and December 7, 2017, as modified by the City Council after such hearings, and each and every item thereof including the salaries and positions contained therein or attached thereto, is incorporated by reference and adopted as the final budget of the City of Lacey for the fiscal year 2018. The totals of estimated revenues and appropriations for each fund and the aggregate totals for all such funds combined in said budget are as follows:

FUND NAME ESTIMATED REVENUE ESTIMATED EXPENDITURE City of Lacey Budget: Current Expense Fund $38,890,228 $38,890,228 Criminal Justice Fund 844,719 844,719 Community Center Fund 562,614 562,614 Regional Athletic Complex 1,147,276 1,147,276 City Street Fund 3,509,707 3,509,707 Arterial Street Fund 9,257,604 9,257,604 Transportation Improvement Fund 2,121,448 2,121,448 Lodging Tax Fund 513,500 513,500 Community Dev. Block Grant Fund 200 200 Hicks Lake Management District 51,000 51,000 GO Debt Fund 1,696,126 1,696,126 LID Debt Fund 77,691 77,691 Building Improvement Fund 523,032 523,032


Capital Equipment Fund 2,223,613 2,223,613 Parks & Open Space Fund 750,507 750,507 Reg. Athletic Complex Capital 1,288,997 1,288,997 Water Utility Fund 12,234,179 12,234,179 Wastewater Utility Fund 16,272,511 16,272,511Stormwater Utility Fund 3,465,816 3,465,816 Reclaimed Water Utility Fund 400 400 Water Capital Fund 8,089,370 8,089,370 Wastewater Capital Fund 11,692,701 11,692,701 Stormwater Capital Fund 1,122,210 1,122,210 Reclaimed Water Capital Fund 10,000 10,000 Water Debt Fund 4,024,795 4,024,795 Wastewater Debt Fund 2,495,580 2,495,580 Stormwater Debt Fund 1,752,056 1,752,056 Equipment Rental Fund 3,383,773 3,383,773 Information Mgt. Services Fund 2,016,331 2,016,331 TOTAL CITY OF LACEY FUNDS $130,017,984 $130,017,984 Joint Animal Services Budget $2,113,800 $2,113,800 Joint Drug Unit Budget 540,425 540,425 Section 2. Upon adoption of this ordinance, the City Clerk shall transmit a complete copy of the final budget to the Division of Municipal Corporations in the office of the Washington State Auditor and the Association of Washington Cities. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. The Summary attached hereto is hereby approved for publication. PASSED BY THE CITY COUNCIL OF THE CITY OF LACEY, WASHINGTON, THIS 21st DAY OF DECEMBER, 2017. ____________________________ Mayor, Andy Ryder ATTEST: _____________________________ Carol Litten, City Clerk


Approved as to Form: ____________________________ City Attorney, David Schneider Publish: December 26, 2017


SUMMARY FOR PUBLICATION

ORDINANCE NO. 1525

CITY OF LACEY

The City Council of the City of Lacey, Washington, passed on December 21, 2017, Ordinance No. 1525, entitled “AN ORDINANCE ADOPTING THE ANNUAL BUDGET OF THE CITY OF LACEY FOR THE 2018 FISCAL YEAR AND APPROVING A SUMMARY FOR PUBLICATION.” The main points of the Ordinance are described as follows: 1. The Ordinance adopts the final budget and sets forth the separate fund

resources, expenditures, and aggregate totals for all funds combined for 2018.

2. The Ordinance authorizes the City Clerk to transmit copies of the budget to

the Washington State Auditor and Association of Washington Cities. 3. Provides provisions for corrections. 4. The Ordinance approves this Summary for Publication. A copy of the full text of this Ordinance will be mailed without charge to any person requesting the same from the City of Lacey. Published: December 26, 2017.

Page 1 of 2


SUBJECT: Memorandum of Understanding Extending the Public, Education, and Government Television Production and Studio Maintenance, Operation, and Administrative Services Agreement with Thurston Community Media (TCTV) for a One-Year Term (2018)

RECOMMENDATION: Authorize the City Manager to approve a one-year extension of the City of Lacey operating agreement with TCTV.

STAFF CONTACT: Scott Spence, City Manager Candice Bock, General Services Director Stephen Kirkman, Public Affairs Manager

ORIGINATED BY: Public Affairs Department

ATTACHMENTS: 1. Proposed Memorandum of Understanding Extending the Present TCTV Operating Agreement

2. TCTV Operating Agreement

FISCAL NOTE: The extension will increase the portion of Comcast cable television franchise fees forwarded to TCTV by approximately $261.25 per month. The existing operating agreement prescribes annual adjustments to payments for TCTV services tied to the Seattle-Tacoma-Bremerton Consumer Price Index (CPI) for the first half of each year. The associated CPI was 3.2 percent for 2017.

PRIOR REVIEW: December 11, 2017 – General Government Committee

BACKGROUND: Since 1986, the City of Lacey has contracted with Thurston Community Media (TCTV) to manage community access cable television on the City’s behalf. An operating agreement with the City governs services provided by TCTV, including production, studio operation, and administrative services. The cities of Olympia and Tumwater, as well as Thurston County, have similar operating agreements with TCTV.

TCTV’s channels, including Public, Education, and Government (PEG) programming, provide an outlet to televise Lacey City Council meetings and local community events, as well as opportunity for interested citizens to air self-produced content.

Page 2 of 2

In January of 2014, the City entered into a three-year operating agreement with TCTV, and last January exercised an option for a one-year extension through 2017. There is one optional one-year extension remaining on the contract. TCTV has requested exercising the remaining one-year extension, and city staff agree it would be beneficial to the city’s interests to extend the agreement. The General Government Committee reviewed the Memorandum of Understanding for the TCTV Operating Agreement on December 11, 2017, and recommended approval by the full City Council.

ADVANTAGES:

1. The contract extension maintains a longstanding relationship with TCTV, and continues current government and community access cable television services provided to the City of Lacey and its residents.

2. The extension will provide 700 hours of direct production support to the City of Lacey in 2018

that can be used to televise City Council and other public meetings, as well as numerous community events

DISADVANTAGES:

1. No disadvantages are foreseen by this proposal.

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF LACEY AND THURSTON COMMUNITY MEDIA EXTENDING OPERATING AGREEMENT

This Memorandum of Understanding is made and entered into this ____ day of December, 2017, by and between the City of Lacey, a municipal corporation, hereinafter referred to as “City” and Thurston Community Media, a Washington nonprofit corporation, hereinafter referred to as “TCTV.” WHEREAS, on December 19, 2013, the City and TCTV entered into a three-year operating agreement providing the City with TCTV production and distribution services through December 31, 2016; and WHEREAS, on January 26, 2017, the City and TCTV executed a one-year extension of said agreement, continuing such services through December 31, 2017; and WHEREAS, section D.1 of the operating agreement provides that the term may be extended for an additional one-year period if so agreed upon by the parties; and WHEREAS, the City and TCTV believe it is in the best interest of the parties to extend the term of the operating agreement; NOW, THEREFORE, in consideration of the mutual obligations of the parties contained in the operating agreement between the City of Lacey and Thurston Community Media, the parties hereby agree to further extend said operating agreement for one (1) additional year, ending on December 31, 2018. _______________________________ _______________________________ SCOTT SPENCE DEBORAH VINSEL City Manager Executive Director of Thurston City of Lacey Community Media (TCTV) Approved as to form: ____________________________________ David Schneider Lacey City Attorney

THURSTON COMMUNITY TELEVISION OPERA TING AGREEMENT

PUBLIC, EDUCATION, AND GOVERNMENT (PEG) TELEVISION PRODUCTION AND STUDIO MAINTENANCE, OPERATION AND ADMINISTRATIVE SERVICES

This agreement is made and entered into this !i__day ofQt=Cfl"lfJr>t 2013 by and between the City of Lacey, a municipal corporation, hereinafter referred to as "City," and Thurston Community Television, a Washington nonprofit corporation, hereinafter referred to as "TC1V."

WHEREAS, the City has a franchise agreement with Comcast of Washington IV, Inc., hereinafter "Comcast," to provide cable television services to residents of the City; and

WHEREAS, the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996 authorize cable franchising authorities to establish franchise requirements for facilities and equipment, and to require channel capacities for public, educational, and governmental use from franchised cable companies and other companies providing similar services; and

WHEREAS, TCTV has been organized to develop end promote the concepts of public, educational and governmental access for existing and future cable television providers, and to establish and operate one or more media access centers to educate and assist individuals and organizations in the use of tools and techniques for the production of local cable television programming; and

WHEREAS, voting membership in TCTV is open to any resident or nonprofit organization in the City, and the membership ofTCTV is broadly representative of the social service, cultural, educational, charitable and religious groups in the City; and

WHEREAS, TC1V has established, operated, and maintained an access operation of service to the citizens, nonprofit organizations and government agencies of City during the terms of previous Agreements.

NOW, THEREFORE, in consideration of the mutual undertakings and processes contained herein and the benefits to be realized by each party, and in further consideration of the benefit to the general public to be realized by the performance of this Agreement, the parties agree as follows:

A. RESPONSIBILITIES OF TCTV

1. Services Provided-General: During the term of this Agreement, TCTV shall operate, maintain end administer four or more public, educationaJ and government access channels and one or more public community production facilities.

TC1V shall administer public, educational and government access television channels, as defined in Addendum A: Definitions, and community production facilities for the benefit of area residents, nonprofit organizations, and government and educational

OPERA TING AGREEMENT - Thur.;ton Community Television Page I

agencies in conformity with the Addendums, Articles of Incorporation, Bylaws and Operating Policies ofTCTV attached hereto and incorporated herein by reference.

a. Promotion: TCTV shall use its best efforts to promote and publicize the use of the access channel(s). TCTV shall not discriminate in favor or against any organization, group or individual in promoting channel use.

b. Production Facilities and Equipment: TCTV shall maintain community television production facilities with regular hours of operation for use by qualified users in accordance with the TCTV Operating Policies. These facilities include, but are not limited to, a production studio, editing facilities and corporate offices located within the LaceyOlympia-Tumwater metro area.

TCTV shall perform such services and accomplish such tasks, including the furnishing of all materials and equipment necessary for full performance thereof, and the designated responsibilities throughout this Agreement and as detailed in Addendum C: Scope of Services and associated Attaclunents, attached hereto and made a part hereof.

All content, programming, documents, templates, and deliverables produced as part of this agreement shall become the property of the City and may be used, modified and I or reproduced at the City's discretion.

2. Public Access Programming:

a. Programming: Public Access Programming shall appear on a channel dedicated for this purpose and separate from the other PEG channels. Public Access Programming is presently broadcast on Comcast cable system's channel 22. TCTV shall schedule all access programs on a nondiscriminatory basis and otherwise in accordance with the Operating Policies ofTCTV. TCTV shall also endeavor to schedule programming consistently to maximize audience potential by developing a regular program schedule using the scheduling process detailed in Addendum B: Program Scheduling Process for the Public Access Channel.

b. Program Preview: In accordance with the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996, neither the City nor TCTV may regulate the content of public access programming unless such programming has been found in accordance with law to be obscene or otherwise unprotected by the Constitution of the United States, or in direct violation oflocal, state, or federal law. TCTV agrees that, in cooperation with the City, it will:

(1) Require all public access producers or program suppliers to sign a contract with TCTV, prior to airing of a program or series of programs, which reasonably describes the nature of the programming.

(2) Invoke mandatory pre-broadcast review by TCTV of any program by the producer which, as described in the contract, portrays or depicts material

considered sensitive for children under the Federal Cable Act of 1992 and Telecommunication Act of 1996.

OPERATING AGREEMENT - Thu~ton Community Television Page2

(3) Provide for mandatory suspension of the program or series of programs ifTCTV detennines that the producer materially misrepresented the content or nature of the production.

(4) Provide for mandatory suspension pending legal resolution of any program or series of programs if a court order should be issued against the program or

series for any reason.

(S) Provide for mandatory suspension of any program or series of programs ifthe content is obscene or otherwise unprotected by the Constitution of the United States, or is in direct violation oflocal, state, or federal law.

c. Dissemination of Public lnfonnation: TCTV shall, at the request of the City, disseminate infonnation regarding City-sponsored events, public hearings, and public safety information on all channels. TCTV will also cablecast public infonnation programming at the request of the City including, but not limited to, City sponsored activities and public forums.

d. Training: TCTV will schedule production and equipment training workshops on a regular basis. Training will be available to individuals and organizations as described in the TCTV Operating Policies. Training will include an explanation of the producer's responsibility and legal accountability for the content of programming they produce. TCTV will distribute printed infonnation to all trainees that will include, but is not limited to, local statutes regarding the distribution of illegal material. Additionally, TCTV shall, at the City's request, coordinate an informational workshop for municipal employees on the use of video and cable access as a communications tool.

3. Education Access Programing:

a. Programming: Education Access Programming shall appear on a channel dedicated for this purpose that is separate from the other public access channels. Education Access Programming is presently broadcast on Comcast cable system's channel 77. This channel is shared by the City of Lacey, the City of Olympia, and Thurston County.

b. Program Content: Programming from schools must be sanctioned by the district or college administration. Programs will be produced by the various educational institutions and districts or may be imported. Scheduling of programs on the educational access channel rests with TCTV. The Education Access Channel is not open for use by the general public.

Administration and rules for use of the Educational Access Channel are guided by existing federal cable legislation, City's cable franchise with Comcast of Washington rv, Inc., and the Operating Policies ofTCTV.

c. Supplemental Content: Programs produced by TCTV may appear on the Education Access Channel to supplement educational access programming. Events that are sponsored by the fundingjurisdictions, school activities, public meetings, cultural events, and

OPERA TING A GREEM ENT Thur.;1on Community T clevision Page3

parades, but are not included in the contractual production requirements are examples of community service programming. Generally, TCTV will take the initiative in production of these programs.

4. Government Access Programming:

a. Programming: Government Access Programming shall appear on a channel dedicated for this purpose that is separate from the other public access channels. Government Access Programming is presently broadcast on Comcast cable system's channel 3. This channel is shared with the City of Olympia and Thurston County. Addendum D of this Agreement will be used to guide the equitable scheduling and use of channel 3 amongst Thurston County and the cities of Lacey and Olympia. From time to time, but no less than annually, TCTV shall, in cooperation with Thurston County and the cities of Lacey and Olympia, review and modify rules and procedures regarding the equitable scheduling and use of channel 3.

b. Government Access Production Support: The TCTV Executive Director, or other designated staff, will act as the liaison with the funding jurisdictions when TCTV production services are requested. The TCTV Executive Director, or assigned staff, wil1 provide the appropriate technical support required for the development of govenunent access· programming. Addendum C - Scope of Services outlines the City's production needs for the duration of this Operating Agreement. The City's Public Affairs Department wilt be the liaison to TCTV to coordinate production support identified within Addendum C - Scope of Services. Production efforts by Thurston Community Television on behalf of municipal agencies must be scheduled reasonably in advance. TCTV recognizes that on occasion there are production needs thnt require a short advance notice and timely playback. TCTV will make every effort to accommodate these special circumstances.

TCTV shall allocate 700 staff hours to the City for direct production support each year for the remainder of the term of this Agreement. Unused hours will expire at the end of the fiscal year.

c. Program Content: The City has primary responsibility for coordinating program content. Additionally, the City will work with TCTV to cJarify details to ensure h.igh production quality, and serve as an interface between TCTV and event coordinators to ensure minimal interference with the functioning of public meetings, hearings or events. Govenunent access production support by TCTV will be for the primary purpose of creating programs for cablecast on the access channels but may, in addition, be used for training and other public purposes.

5. Channel Designations:

It is recognized that from time to time Comcast of Washington lV, lnc., may realign PEG access channels. When that realignment occurs, the government access channel shaJI be placed on the lowest channel number available.

Should a new channel be designated beyond the current four channels (i.e., channels 3, 22, 26, & 77), TCTV shall advocate that the new channel be branded for the exclusive use of the City. At its option, the City may waive this right of request for exclusive use of a fifth channel, but retains the right of request for the exclusive use of a succeeding channel in the future.

OPERATING AGREEMENT Thu~ton Community Television P<1gc4

6. Rules and Procedures:

The policies and procedures in TCTV Operating Policies, charges, and hours of operation may be modified to reflect changes in access operation provided that the City receives written notification forty-five ( 45) days prior to the effective date of said changes. Said changes require the approval of the funding jurisdictions but shall not be unreasonably denied. If there is no response within forty-five (45) days of notification, the approval shall be deemed granted.

7. Fiscal Responsibility:

TCTV shall maintain fiscal records and accounts and shall annually render to the City a written financial operating statement within ninety (90) days after the end of the fiscal year. TCTV shall also provide the City with summary reports of revenues and expenditures upon request. Such fiscal records and reports shall be retained in a manner consistent with the Budgeting, Accounting, and Reporting System for Counties and Cities and other Local Governments as issued by the State Auditor. Fiscal records provided to the City will also include a copy of the annual TCTV budget for each year of the Agreement. The City shall have the right to monitor and audit the fiscal components ofTCTV to ensure actual expenditures are consistent with the terms of the contract.

Additionally, TCTV shall submit invoices at the end of ea.ch month totaling 1/12 the total contract amount for each year the Agreement is in effect. Payments are compensation for all for direct services as enumerated in Addendum C: Scope of Services, including 2(a)- (d). Invoices shall also include the number of staff hours (production hours) used for production support for the City, together with the balance of remaining hours for the calendar year. Production hours shall be subtotaled within the following service categories established in Addendum C - Scope of Services: Lacey City Council Meetings; Lacey City Events; Lacey Public Meetings; Lacey Public Services Announcements; and Special Programs.

None of the funds provided under this Agreement shall be used by TCTV for any partisan political activity, or to further the election or defeat of any candidate for public office, or to lobby for or against federal, state or local legislation of any kind whatsoever. This is not intended to restrict programs presenting factual information on topics of general community interest.

8. Access Operations Records and Reports:

a. TCTV shall keep daily program logs containing the program title and playback time of ea.ch program. Maintenance records for all production equipment shall be kept for a period of three (3) years. Within 90 days of the close of the fiscal year, TCTV shall provide the City with an annual report, consisting of the total number of members ofTCTV, the number of total members that are Lacey residents, the numbers of training attendees and user certifications, hours of equipment and studio use, numbers of first-run and replayed programs by origin, and use of facilities by Lacey residents.

OPERA TING AGREEMENT Thuiston Com1nunity Television Pages

b. TCTV shall keep records of the amounts of all PEG fees received from the City and any other jurisdiction. Such records shall indicate the amount of PEG fees received from each separate jurisdiction.

TCTV shall also keep records for all assets purchased with PEG fees. Such records shall clearly describe the asset purchased and indicate which jurisdiction's PEG fees-or what percentages thereof.-were used for each asset purchased.

TCTV shall provide the City with an annual report that includes the amount of PEG fees received from each jurisdiction together with a listing of all assets purchased with PEG fees. Such report shall clearly indicate which jurisdiction's PEG fees - or what percentages thereof -were used for each asset purchased.

In the event this Operating Agreement is not extended or tenninates for any reason, the City shall immediately receive the depreciated value of assets purchased by TCTV with PEG fees received from the City together with any unused PEG fees that were received from the City.

9. Liability Insurance:

TCTV shall obtain liability insurance coverage for program content of $1 million. naming the City as an additional party.

10. Nondiscrimination:

TCTV agrees that in operating the access facilities pursuant to this Agreement, it shall not discriminate in any way against any person, group or organization on the basis of race, color, national origin, sex, religion, age, marital status, veteran status, sexual orientation, political affiliation or disability in violation of the ordinances or resolutions of the City or the laws or Constitutions of the State of Washington or the United States of America. TCTV shall take necessary steps to fully comply with all provisions of the Americans with Disabilities Act including efforts to expand access for those with disabilities; including but not limited to an assessment of closed or open caption devices for the hearing impaired, and greater access to TCTV services and facilities for all those with disabilities.

B. RESPONSIBILITIES OF THE CITY

1. Payment for Direct Services:

The City shall pay to TCTV a flat-rate amount equal to $93,000 for the 2014 calendar year. For the remaining term, this base amount shall be increased by the SeattleTacoma-Bremerton Consumer Price Index (CPl-W, 1982-84=100, Half 1), but in no case by an amount greater than thirty-five percent (35%) of the franchise fees collected by the City from the cable operator(s) in the preceding calendar year. Such payments for direct services as enumerated in Addendum C: Scope of Services 2(a)- (d) shall be made in 12-equal monthly installments within fifteen (I 5) days after receipt of invoice.

Provided, that, upon giving no less than twelve months notice, the City may reallocate in whole or in part its financial support from any of the public (community) access programming to any

OPERATING AGREEMENT ·· Thurston CommunityTcle11ision P:iie 6

govenunental, educational or other public access programming or any combination thereof. Any programming resulting from a funding reallocation under this section may be assigned by the City to TCTV, City personnel or another entity.

2. Capital Equipment Procurement

During the term of this agreement, the City shall disperse an amount equal to fifty (50) percent of all PEG fees collected by the City to TCTV for the purpose of procuring capital equipment in support of PEG Access.

PEG fees shall be dispersed on a quarterly schedule with payments due on February 28, May 31, August 31, and November 30. Payments will be based upon PEG fees collected from subscribers during the three (3) months preceding the month prior to the month that payment is due. For example, the May 31 payment would be based upon total PEG fees collected from Comcast of Washington IV, Inc., for January, February, and March.

TCfV may only use PEG Fees for capital expenditures, whether through purchase or lease, related to PEG Access, including but not limited to studio equipment, Council Chambers equipment, portable production equipment, editing, program and playback equipment, Access related facilities or equipment purchases, renovation or construction, local origination, new return feeds and for I-NET purposes. These capital equipment purchases made with PEG fees shall be identified in a "Capital Equipment Plan" approved by the City and the other funding jurisdictions ofTCTV.

J. Content and Indemnification:

The City shall have no responsibility for program content on either the public or educational access channels, unless the programming was produced by an agent or employee of the City as part of the City's access programming efforts. TCTV shall indemnify and hold hannless the City from any claims, suits, liability, loss or damage, including attorney fees, caused by or arising out of any public access programming not produced by the City including but not limited to, any claim or legal action for alleged violation or infringement of copyright or other intellectual property right, invasion of privacy, obscenity or defamation, provided further that the City shall infonn TCTV in writing within twenty (20) working days of its receipt of notice of the existence of any such claim or action.

TCTV shall have sole discretion and authority for decisions regarding standards for program, quality and scheduling except as provided herein. It shall be TCTV's responsibility to insure compliance with the standards provided by law relating to defamation, privacy or obscenity.

4. Production Guidelines-City Facilities:

The City shall establish written guidelines for access to City-owned facilities by TCTV production crews. A copy of the written guidelines can be obtained from the City's Public Affairs Department upon request

OPERATiNG AGREEMENT - Thurston Community Television Page 1

C. TCTV BOARD APPOINTMENTS

The TCTV Board shall, during the term of this Agreement, include one appointed representative from Thurston County and each of the cities who have entered into funding agreements with TCTV, as designated by their respective elected bodies.

D. TERMSOFAGREEMENT

1. Term:

The term of this Agreement shall be three (3) years and will be in full force and effective from January I, 2014 through December 31, 2016, with the option for two one-year extensions (2017 and 2018) upon mutual agreement by both parties.

2. Termination:

Either party shall have the right to terminate this agreement by reason of the other party's default. Notice of termination shall be by ninety (90) days written notice by registered or certified mail, return receipt requested. A notice of termination shall specify the basis thereof, including a detailed explanation of any alleged events of default.

a. At least one of the following shall constitute an event of default of the part of the City:

I) Failure to make 11ny payment to TCTV required by this Agreement when due, or within a thirty (30) day grace period thereafter.

2) Any other material breach of the Agreement.

b. At least one of the following shall constitute an event of default on the part ofTCTV:

1) Any material failure byTCTV to comply with the Operating Policies, or Bylaws of TCTV.

2) Material failure to maintain fiscal records and accounts regarding TCTV operations.

3) Material change to any of the policies and procedures in TCTV Operating Policies without the City's approval.

4) Any other material breach of the Agreement.

Upon receipt of written notice of termination and/or of alleged events of default, the recipient shall have thirty (30) days to cure the default(s) before termination shall become effective. The availability of this remedy shall not bar any action by either party for specific performance of the provisions of the Agreement or any other remedy.

OPERA TING AGREEMENT - Thurston Community Television Pages

3. Independent Relationship

a. The parties intend that an independent relationship will be created by this Agreement. The CITY is interested primarily in the results to be achieved; the implementation of services will lie solely with TCTV. No agent, employee, servant or representative ofTCTV shall be deemed to be an employee, agent, servant or representative of the CITY for any purpose, and the employees of TCTV are not entitled to any of the benefits the CITY provides to its employees. TCTV will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractors or representatives during the performance of this Agreement.

b. In the performance of the services herein contemplated, TCTV is an independent contractor with the authority to control and direct the performance of the details of the work; however, the results of the work contemplated herein must meet the approval of the CITY and shall be subject to the CITY'S general rights of inspection and review to secure the satisfactory completion thereof as outlined in this Agreement.

4. Assignment/Subcontracting

a. TCTV shall not assign any portion of this Agreement without the written consent of the CITY, and it is further agreed that said consent must be sought in writing by TCTV not less than thirty (30) days prior to the date of any proposed assignment.

b. Any technicaVprofessional service subcontract not listed in this Agreement which is to be charged to the CITY under this Agreement, must have express advance approval by the CITY.

5. Arbitration:

In the event that any dispute shall arise to the interpretation of this Agreement, or in the event of a breach of this Agreement and if the parties cannot mutually settle such differences, then the matter shall first be referred to mediation with a mutually selected mediator and, if necessary, to arbitration with an arbitrator mutually selected by the parties.

6. Notices:

Any notice herein provided to be given to the City shall be addressed and delivered to the City of Lacey, 420 College Street SE, Lacey, Washington 98503.

Any notice to be given to TCTV shall be addressed and delivered to TCTV, 440 Yauger Way SW, Suite C, Olympia, WA 98502.

7. Reopen er:

Either party may request that this agreement be reopened for renegotiation of all or part of the provisions set forth herein. Additionally, this contract shall be reopened at

OPERA TINO AOREEM ENT - Thurston Community Television Pagc9

the time a request for activation of additional access channels is made for the purpose of discussion and determination of appropriate policies and operating procedures for the new channels. Further, should the Cable Communications Policy Act be further amended by Congress and/or different rules are promulgated by the FCC which affect this Agreement, the Agreement shall be reopened to address those changes.

IN WITNESS THEREOF, the parties have hereunto set their hands the day and year first above written.

TCTV/;~~ By:/!; Its (}_,,£0

APPROVED,~~0R1Vf:.

;_ff-~ -CITY ATIORNEY~

OPERATING AGREEMENT Thurston Community Television Page 10

CITYOF6€= By:

~b ~cc Its

ADDENDUM A

Defmitions

Capital Equipment Plan: A document produced by TCTV, and approved by the City and other funding jurisdictions that identifies capital purchases made with PEG fees in support of PEG access. The Plan will be produced annually and shall identify purchases made for the current calendar year as well as include a 3-year and 5-year plan for future capital purchases.

Community Service Programming: Programs produced by TCTV may appear on the Education Access Channel to supplement educational access progranuning. Events that are sponsored by the funding jurisdictions, school activities, public meetings, cultural events, and parades, but are not included in the contractual production requirements are examples of community service programming. Generally, TCTV will take the initiative in production of these programs.

Education Access Channel: A local cable channel dedicated for use by public educational institutions. Programming scheduled on the educational access channel must be by, for, or about a local public educational institution. Programming from schools must be sanctioned by the district or college administration. Programs will be produced by the various educational institutions and districts or may be imported. Programming may include: Distance Learning; After School Enrichment such as homework help with programs for students (i.e., Tech Time); Teacher In-service Training; School-to-work; Community Information such as school menus, policies, calendar of events, parent information; Telecourses; Satellite delivered services such as the NASA Channel, The Classic Arts Showcase, policy and informational teleconferences. Scheduling of programs on the educational access channel rests with TCTV. Educational access channels are not open for use by the general public. Administration and rules for use of the public educational access channel are guided by existing federal cable legislation, City's cable franchise with Comcast of Washington IV, Inc., and the Operating Policies ofTCTV.

Facilities: Generally meaning to include channels, equipment, buildings administered by TCTV for the purpose of providing access television services to government, educational, and public access program producers or suppliers. Facilities are provided or funded through the individual funding jurisdiction's cable franchise agreements with Comcast of Washington IV, Inc, funding jurisdiction's PEG fees, individual operating agreements between TCTV and the funding jurisdictions, and TCTV's own fundraising efforts and donations from TCTV supporters.

Funding Jurisdictions: The associated designation given to the primary local government funding partners of TCTV that include Thurston County and the cities of Lacey, Olympia, and Tumwater.

Government Access Channel: A local cable channel dedicated for use by local govenunent offices and agencies. Programming on the government access channel must be by, for or about a local government office or agency. Unless otherwise agreed to by City, programming support from TCTV staff will be provided to the City without additional charge. Full production services may be provided by contract with other government agencies such as the LOTT Partnership, the Port of Olympia, Timberland Regional Library, Thurston Conservation District; Thurston Regional Planning Council, lntercity Transit, Animal Services, local fire districts, and other

OPERA TING AGREEMENT - Thurston Community Television Page 11

recognized local governmental agencies. On occasion, programming from state or federal agencies may also be shown on this channel. Program scheduling on the government access channel rests with TCTV but shall generally follow the outline set forth in Addendum D: Program Scheduling Process for the Government Access Channel. Government access channels are not open for use by the general public. Administration and rules for use of the government access channel are guided by existing federal cable legislation, the City's cable franchise with Comcast ofWashington IV, Inc., and the Operating Policies ofTCTV.

PEG: Tenn used in reference to local access channels and programming involving three primary elements: Public, Education, and Government.

PEG Fees: Money contributed by Lacey residents subscribing to cable services provided by Comcast of Washington IV, Inc. The City franchise allows PEG fees to be collected at $0.30 per scriber, per month in support oflocal access. Revenue generated by PEG fees may only be applied toward capital expenditures, whether through purchase or lease, related to PEG Access, including but not limited to studio, council chamber equipment, portable production equipment, editing, program playback equipment, Access related facilities or equipment purchases, renovation or construction, local origination, new return feeds and for I-NET purposes.

Production Hours: Tenn used to describe TCTV's cost of creating programming on behalf of the City. Production hours are calculated by adding the total time of the staff including setup, taping, taJce down, and editing.

Public Access Channel: A local cable channel used as a public forum and dedicated for noncommercial television programming presented by local residents or non-profit organizations free from editorial control. Responsibility for the content of programs on the public access channel rests with the program producer or local sponsor and must not violate any local, state, or federal law. Administration and rules for use of the public access channel are guided by existing federal cable legislation, the City's cable franchise with Comcast of Washington IV, Inc., and the Operating Policies ofTCTV.

OPERA TING AGREEMENT -Thur.;ton Community Tekvision P;ige 12

ADDENDUMB

Program Scheduling Process for the Public Access Channel

The program scheduling process is governed by Section 5.6, 5. 7, & 5.8 of the 2009 Thurston Community Television Operating Policies and Procedures.

Scheduling

The Public Access Channel is available for use by local individuals and nonprofit organizations. It is scheduled in two six-month seasons. The season program schedule on the Public Access channel is dependent on the demand for available time. Producers or program sponsors who supply more than one program or series for a programming season will be asked to rank their programs in the order they wish to have them scheduled. TCTV will then schedule the public access channel schedule based on the rankings provided by the producers. For example, all #I ranked programs and all single programs submitted will be scheduled first. The remaining channel time will then be scheduled with all #2 ranked programs, then all #3 ranked programs, until all programs have been assigned time in the season schedule.

Local / Imported Programming

Any non-commercial program with a majority of material produced by a TCTV Production Member or a Thurston County resident, whether it was produced through TCTV, a school or other institution, or a private production facility, is considered "local" programming for purposes of scheduling. Non-commercial programming produced by non-residents is considered to be "imported11 programming. Only organizations who are current Organizational Members of TCTV may schedule imported programming onto the access channel(s). Local program scheduling has priority over imported programming. Unless a program receives a special waiver, it must be scheduled for cablecast at least two weeks in advance. The program producer or supplier must complete a Programming Contract acknowledging their legal responsibility for program content.

Producers may request specific times for cablecast. TCTV will make every effort to accommodate these requests within the limits of available channel time but will not guarantee that all requests can be honored.

Series Programming

New producers are required to complete at least two programs for cablecast before TCTV will assign them a series time slot. In order to be assigned a regular, series time slot, producers must submit a new episode at least once a month, that has never aired on TCTV channels before. Series programs that are scheduled at the beginning of a programming season will be assigned regular time slots for at least six months. Mid-season additions will be assigned a time slot for the duration of the programming season. In order to make time available for all current and future programs, TCTV reserves the right to make schedule changes at the beginning of each programming season. Series programs must be delivered as scheduled on the programming contract. If a new episode is not received as scheduled, TCTV will air the current program for

OPERA TING AGREEMENT -Thurston Community Television P;ige 13

one additional week. If a new episode is not received by the end of the one- week grace period, the series time slot may be discontinued and other programming will be scheduled in it.

Single programs will not be scheduled until both the completed program and a Programming Contract have been delivered to the Programming Coordinator.

The number of repeat showings any program receives after its first cablecast will be based on the available channel time and may change as demand for channel time increases. TCTV reserves the right to pre-empt program repeats to facilitate the scheduling of special programming. TCTV will make a good faith effort to notify producers in advance if their program schedule is being changed.

Videotaped programs scheduled to air must be delivered to the TCTV at least 14 days prior to the air date. Programs not delivered in accordance with this schedule may be delayed for playback. TCTV reserves the right to change delivery requirements. Producers of programs that appear LCVE on the channel should record a copy during the production and tum it in the same day as the live telecast

OPERATING AGREEMENT -Thurston Community Television Page 14

ADDENDUMC

Scope of Services

1. As the City's Designated Access Provider, TCTV will provide the maintenance and operations as well as the administration of Lacey's Public, Education, and Government Access channels and studio including but not limited to the following services:

• Providing access to the production facilities and equipment for public use at least 40 hours each week.

• Maintaining and upgrading production equipment as needed. • Offering regularly scheduled media production training workshops for community groups

and residents. • Scheduling and airing programs on all PEG channels. • Publishing program schedule. • Operating a community message board for nonprofit groups and government agencies. • Providing technical production assistance to community groups, and individuals. • Provide a communication outlet to the greater Thurston County community during times

of emergencies and or localized events.

2. Direct services provided by TCTV to the City to include but not limited to the following services:

(a) Lacey City Council Meeting: 260 Hours Annually - Live television broadcasts and tapings of Lacey City Council Meetings. Scheduled for the 2nd and 4th Thursday of each month from January through October, and the 151 and 3rd Thursday of each month from November through December. Estimated staff and production time totals 260 hours (i.e., 26 meetings using two TCTV personnel at five hours of setup, taping, and takedown).

(b) Lacey City Events: 120 Hours Annually-Taping and production of Lacey city events such as Lacey in Tune, Music in the Park, Children's Entertainment Series, Alternative Fuel Fair - Grand Prix Race, Lacey Loves to Read, Jazz Festival, Fire & lee Basketball Game (Fire vs. Police), Ethnic Celebration, and other special community events as identified by Lacey's Public Affairs Department. Estimated staff and production time totals 120 hours (i.e., 15 events/performances using two TCTV personnel at four hours of setup, taping, takedown, and post production).

(c) Lacey Public Meetings: 160 Hours Annually-Taping and/or live television broadcasts of Lacey public meetings, and community forums as identified by the Lacey Public Affairs Department. Estimated staff and production time totals 160 hours (i.e., 16 meetings using two TCTV personnel at five hours of setup, taping, takedown, and post production).

(d) Lacey Public Service Announcements: 160 Hours Annually- Concept development/preproduction support, storyboarding/script development support, set location shooting, editing, and post production of thirty-second public service

OPERATING AGREEMENT· Thur.itan Community Television Page 15

announcements. Estimated total hours 160 (i.e., Five Public Services Announcements using a two hours for concept development, two hours for story boarding, 12 hours for set location shooting, eight hours for editing, and eight hours post production).

(e) Special Programs: Specific Lacey programming that highlights Lacey services to residents and businesses in the community. Special programs may range in length of three to 15 minutes. Lacey's Public Affairs Department will collaborate with TCTV staff to identify overall production hours necessary for the development of special programs. If production hours are not available to complete the program, the City agrees to pay an hourly rate of $50 for TCTV staff time.

(f) Capital Equipment Procurement: TCTV shall purchase capital equipment in support of local access t~levision with PEG fees allocated by the City in accordance with federal cable legislation, Lacey's cable franchise with Comcast of Washington IV, Inc., and Section A - Responsibilities ofTCTV, paragraph 7 incorporated here to by reference. Capital equipment purchases made with PEG fees will be identified .in a "Capital Equipment Plann approved by the City and the funding jurisdictions of TCTV.

NOTE: Production support identified in the Scope of Services - Section 2 are good faith estimates only. Total production hours identified in the service categories identified above are subject to change depending on priorities. As per the Agreement, TCTV shall allocate a total of 700 production hours. Unused hours will expire at the end of each fiscal year. If Lacey's total hours of production exceed five percent of the total annual allocation, the City will pay a production rate of $50 for TCTV staff time for each hour over five percent.

TCTV shall provide the City with a minimum of one copy in DVD format of all programs produced under Direct Services 2 (a), (b), (c), (d), and (e). Additional copies will be charged at a flat rate of $5.

OPERA TING AGREEMENT - Thur.;ton Community Television Poige 16

ADDENDUM D

Program Scheduling Process for the Government Access Channel

Government Access Programming is presently broadcast on Comcast cable system's channel 3. This channel is a shared with the City of Olympia and Thurston County. From time to time, but no less than annually, TCTV shall, in cooperation with the Thurston County and the cities of Lacey and Olympia, review and modify rules and procedures regarding the equitable scheduling and use of channel 3.

The following shall be used to guide the equitable scheduling and use of channel 3.

OPERATING AGREEMENT-·- Thurston Community Television Page 17

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Page 1 of 2


SUBJECT: Interlocal Cooperative Agreement for Thurston County Emergency Management Council (EMC)

RECOMMENDATION: Forward to the full City Council with a recommendation to authorize the City Manager to approve a five-year extension of the Interlocal Agreement for Thurston County EMC.

STAFF CONTACT: Scott Spence, City Manager Scott Egger, Public Works Director Bracy DiLeonardo, HR Analyst Joe Upton, Police Commander

ORIGINATED BY: Public Works Department and Administrative Services Department

ATTACHMENTS: 1. Interlocal Cooperative Agreement for Thurston County Emergency Management Council

FISCAL NOTE: There is minimal cost for participation. The City is assessed dues of $495.00 per year, which comes out of the Emergency Services Program budget.

PRIOR REVIEW: General Government Committee, December 11, 2017.

BACKGROUND:

The Emergency Management Council of Thurston County (EMC) was created in 1993 by an Interlocal Agreement, which was renewed in 2013 to coordinate the local emergency management activities of Thurston County and its associated cities and tribes. The Council is comprised of emergency managers and/or designee of the member jurisdictions.

The purpose of the agreement is to coordinate amongst the member jurisdictions in developing effective and economical emergency management functions. This is the guiding principle of the group, which meets monthly sharing emergency management news, best practices and experience. This document does not contemplate mutual aid

Page 2 of 2

during a disaster; such mutual aid is covered under a number of other more specific mutual aid agreements. At its December 11, 2017 meeting, the General Government Committee reviewed the five-year extension of the Interlocal Agreement for Thurston County EMC and recommended approval by the full City Council. ADVANTAGES:

1. Participation in this cooperative group is beneficial for the City of Lacey, for the Thurston

County and our signatory neighbors in the agreement: Olympia, Tumwater, Rainier, Tenino, Yelm, Town of Bucoda, Chehalis Tribe, and Nisqually Indian Tribe.

DISADVANTAGES: 1. None

Thurston County Resolution No. ____ _

INTERLOCAL COOPERATIVE AGREEMENT FOR THURSTON COUNTY EMERGENCY MANAGEMENT COUNCIL

WHEREAS the parties/signatories below entered into the Interlocal Cooperative Agreement on April 9th, 2013, and;

Whereas, Section VII of the Agreement allows for up to five years extension of the Original Agreement by consent of the parties, and;

WHEREAS, the Original Agreement is attached to this Resolution and is incorporated by this reference;

NOW, THEREFORE, Be It Resolved that the Thurston County Board of Commissioners and the parties/signatories to the Original Agreement, below and attached hereto hereby Consent and Agree to extend the Interlocal Cooperative Agreement for five (5) years from the original date authorized of December 31, 201 7, to now terminate on December 31, 2022.

ATTEST:

Clerk of the Board

Approved as to form: Jon Tunheim Prosccutin&. Attorney / c:: ~) ~-_'\ By .(_,~ . ..:.o---,___

Seputy Pro~ecuting A~~omey

BOARD OF COUNTY COMMISSIONERS Thurston County, Washington

Chair

Vice-Chair

Commissioner

City of Lacey

DATED: _____________________ ______________________________

Mayor

Attest: _______________________

City Clerk

City of Olympia

DATED: _____________________ ______________________________

Mayor

Attest: _______________________

City Clerk

City of Tumwater

DATED: _____________________ ______________________________

Mayor

Attest: _______________________

City Clerk

City of Rainier

DATED: _____________________ ______________________________

Mayor

Attest: _______________________

City Clerk

City of Tenino

DATED: _____________________ ______________________________

Mayor

Attest: _______________________

City Clerk

City of Yelm

DATED: ____________________ ______________________________

Mayor

Attest: ______________________

City Clerk

Town of Bucoda

DATED: ____________________ ______________________________

Mayor

Attest: ______________________

City Clerk

Chehalis Tribe

DATED: ____________________ ______________________________

Title

Attest: ______________________

City Clerk

Nisqually Indian Tribe

DATED: ____________________ ______________________________

Title

Attest: ______________________

City Clerk

December 21, 2017Page 1 of 3

LACEY CITY COUNCIL December 21, 2017

SUBJECT: Amendment to existing Interagency Agreement with Washington State Department of Enterprise Services.

___________________________________________________________________________

RECOMMENDATION: Motion to authorize the City Manager to sign a contract extension to the City’s interagency Agreement with the Washington State Department of Enterprise Services. The new agreement will extend the period of performance to December 31, 2019.

STAFF CONTACT: Scott Spence, City Manager Rick Walk, Community Development Director Jeff Cook, Building Code Specialist/Resource Conservation Specialist

ORIGINATED BY: City Manager and Community Development Department

ATTACHMENTS: 1. Amended Interagency Agreement between the City of Lacey and the

Department of Enterprise Services - dated 9/5/2017

2. Interagency Agreement Between City of Lacey and Department of General Administration - executed 12/28/2010

BUDGET IMPACT/ SOURCE OF FUNDS: There are no additional funds related to this contract extension request;

funds have previously been allocated for this energy conservation project, which totaled approximately $442,837. Funding for this project came from an Energy Efficiency Grant Award totaling $108,000 with the remaining $322,493 spent from budget reserves.

PRIOR COUNCIL/ COMMISSION/ COMMITTEE REVIEW: Council General Government Committee meeting, December 11, 2017.

BACKGROUND:

Performance-based contracts for energy equipment and water conservation, outlined in 39.35A RCW, provide options for local governments to finance capital upgrades by applying the savings realized from reduced energy and resource consumption. This allows municipalities to initiate upgrades that otherwise could not be completed due to lack of funds.

The City of Lacey’s Energy Efficiency and Conservation Strategy identified goals to increase energy efficiency in government buildings and facilities. Building and energy audits conducted

December 21, 2017 Page 2 of 3

through the City’s Resource Conservation Manager (RCM) program identified opportunities for maximizing energy savings. Most city facilities were found to be energy efficient, but several buildings and services were identified that could benefit from capital upgrades in lighting, heating, heat recovery ventilation systems, and efficiency equipment upgrades to yield energy and fiscal savings for the City. To participate in the performance contracting program through the State of Washington, the City entered into an Interagency Agreement with the Department of General Administration (GA), now known as Department of Enterprise Services, to provide project management services. In 2012, Ameresco Quantum performed an investment grade audit. The audit results recommended facility improvements to City Hall, Animal Services and the Community Center to gain greater energy efficiency. The Department of Enterprise Services has managed the work of Ameresco Quantum on behalf of the City through the existing Interagency Agreement to date. The Interagency Agreement dated June 17, 2013, provided for maintenance and verification of the energy efficiency upgrades. The work has taken longer than expected and this contract extension will allow the scope of the original contract to be completed. The work remaining to be completed is the maintenance and verification phase of the energy efficiency upgrades. The benefit of using the ESCO program is that the projected energy savings are guaranteed. If the projected energy savings do not meet or exceed the energy use goals, the Energy Service Company is obligated to provide the city a partial refund.

The following is a summary of energy conservation projects identified by the audit and completed as a part of this project:

Lacey City Hall Project Mechanical Conservation Measures

The addition to City Hall, built in 1995, the outdated controls were replaced. Occupancy sensors were be installed in the police locker rooms to turn off the heating unit when the space is unoccupied

Lighting Conservation Measures

Old lights were replaced with energy efficient lights, and areas that are over lit had lower wattage lamps installed.

Community Center Mechanical Conservation Measures

Occupant sensors controls have been installed on the HVAC units allowing unoccupied

rooms to turn off HVAC equipment when the room in not in use.

December 21, 2017 Page 3 of 3

Animal Services Mechanical Conservation Measures

The heat recovery system was cleaned and the exhaust air intakes were retrofitted with

air filters. Lighting Conservation Measures

The old exterior lights were replaced with energy efficient lights.

The average payback for the proposed energy conservation improvement projects is approximately 21 years. Excluding the City Hall HVAC controls project, no single project on the proposed list has a payback longer than 12 years with 2 years being the shortest payback period overall (i.e., Community Center mechanical conservation measures). The City Hall HVAC upgrade, however, is part of the project due to age, failing parts, and the difficulty of finding replacement parts to keep the HVAC operational. ADVANTAGES:

1. Extending the contract will allow the City to ensure that the projected savings are realized as well as maintain the project’s warranties and guarantees.

2. Energy conservation is in alignment with the city’s carbon reduction strategy.

3. This energy conservation project will benefit taxpayers by reducing the City’s operational costs through lower energy bills.

DISADVANTAGES:

1. None.

INTERAGENCY Amendment Department of Enterprise Services Date: Agreement No: Amendment No:

September 5. 2017 2011-ERG-558 2

Interagency Agreement Between the

State of Washington

Department of Enterprise Services

and

City of Lacey

The parties to this Agreement, the Department of Enterprise Services, Engineering & Architectural Services, hereinafter referred to as "DES", and City of Lacey, hereinafter referred to as the "CLIENT AGENCY'', hereby amend the Agreement as follows:

3. Period of Performance

Subject to its other provisions, the period of perfonnance of this Agreement shall commence on December 28, 2010, and be completed on December 31, 2019 unless altered or amended as provided herein.

All sections above have been fully amended and are shown in their entirety.

All other tenns and conditions of this Agreement remain in full force and effect. The requirements of RCW 39.34.030 are satisfied by the underlying Agreement and are incorporated by reference herein.

Each party signatory hereto, having first had the opportunity to read this Amendment and discuss the same with independent legal counsel, in execution of this document hereby mutually agree to all tenns and conditions contained herein, and as incorporated by reference in the original Agreement.

City of Lacey

Title Date

2011558am:?.ko

lnteragency Agreement No. 20 I 1-ERG-558

Department of Enterprise Services Engineering & Architectural Services

Roger A. Wigfield, P.E., Energy Program Manager Title Date

State of Washington

Department of General Administration Facilities Division

Engineering & Architectural Services 210 11 111 Avenue, SW• PO Box 41012 • Olympia, WA 98504-1012

(360) 902.7272 • FAX (360) 753.2848 December 28, 2010

Jeff Cook City of Lacey PO Box 3400 Lacey, WA 98509

RE: lnteragency Agreement No. 2011-ERG-558 Energy Conservation Project Management Services City of Lacey

NOTICE TO PROCEED

This is your official notice that we wm proceed with the work of our lnteragency Agreement. Enclosed is your executed copy of our Interogency Agreement.

Should you have any questions or concerns, please call me at (360) 902-7281.

Sine~

1 ~es,P.E. ~:Ysystems Engi eer

JH:em

Enclosure

lnteragency Agreement Department of General Administration Intoragency Agreement No: 20l l-ERG-558 Dnte: December 3. 2010

Interngcncy Agreement Between the Depnrtmcnt of Gcncrul Administrntion

and City of Lacey

Th.is Agreement, pursuant to Chapter 39.34 RCW, is mHde und c:mtered into l>y and between the Department of General Administration, Facilities Division, Engineering & Architectural Services, hereinafter referred to as "GA", and City of Lacey, hereinafter referred to as the "CITY".

The purpose of this Agreement is to establish a vehicle for GA to provide future Energy/Utility Conservation Project Management and Monitoring Services to the CITY and to authorize the development of the energy services proposal.

Now therefore, in consideration of the tmns and conditions contained herein, or attached and incorporated by reference and made a pa.rt herco~ the above-named parties mutually agree as follows:

1. Statement of Work

GA shall fumisb the necessary persormel and services and otherwise do all things necessary for Ol'

incidental to the performance of the work set forth in Attachment" A" and Attaclunenl "C", attached h~eto and incorporated herein by reference. Unless otherwise specified, GA shall be responsible for performing nll fiscal nnd progrllm responsibilities as set forth in Attachment "A" nnd AUnchmcnt "C". Energy/Utility Conservation projec~ shall be audiorized by Amendment to this Agreement.

2. Terms aud Conditfons

AU rights and obligetions of the parties to this Agreement shall be subject to llJld governed by ti:e term 1i

nnd conditions contained in the text of this Agreement

The CITY shnll prnvtde the Energy Scrvicc.t Company (ESCO) with any additionnl contrnct language necessnry to comply with federal requirements uuder the Amc1ic1m Recovery & Reinvestment Act of 2009 (AURA) and the Energy Efficiency nnd Conscrvatloo Block Grunt (EECBG). The ESCO and tbefr 1mbcontractor11 nre required to comply with nil itppllcnblll federal rr.gu.lations nod reporilng procedures.

3. Pctiod of Performance

Subject to its other provisions, lhe period of perfonnance of this master Agreement shall commence when this Agreement ls properly signed, nnd be completed on December :n. 2013 unless altered or amended ns provided herein.

4. Consideration

CompeMation under this Agreement shall be by Amendment to this Agreement for each outhoriied project. F..ach Amendment wi.J include a payment schedule for the speeific project.

lltlur11gonoy Agreement No. 2011-BRG-558 Pogo 1 of4

For Project Management Services provided by GA under Attachment "A" of this Agreement, U1e CITY wm pay GA a Project Mnnngement Fee for services based OD the totnl project vulue per Project Management Fees Scl1edule set forth in Attacbmtlllt 0 B".

If the CITY decides not to proceed with an Energy/Utility Conservation prQject that meat.cl CITY's cost effeotive criteria, then the CITY will be charged a Te1minution Fco por Attachment ''B,,. The Termination Feo will be based on the estimated Total Pl'oject Value outlined in the Energy Audit and Energy Sotvices Proposal prepared by ESCO.

lfmonitoiing and varjficntion services are request.ed by Lhe CITY and provided by GA under Attachment "C" of thls Agreement, the CITY will pay GA $2,000.00 annually for each year of monitoring and verification services requested.

Compensation for services provided by the ESCO ahull be paid directly to the ESCO by the CITY, after GA hes reviewed, approved and sent the invoices to the CIT_Y for payment.

S. Billing Procedure

GA shall submit e single invoice to the CITY upon completion of each authorized project, unless a project specifies n Special Billing Condition in 1hc Amendment. Bach invoice will indicate clearly that it is for the servicea rendered in pcrfonnancc Wlder this Agreement and shall reflect the Agreement mnnber.

GA will it1voice for any remaining servlces within 60 days of the termination of this Agreement.

6. Payment Procedure

The CITY shall pay nll invoices received from GA within 90 dnys of receipt of properJy executed invoice vouchers. The CTIY shall notify GA in writing if th~ CITY cannot pay llD invoice within 90 days.

7. Non·Discrlmlnntfon

In the pc.rfonnancc of this Agrccm~nt, GA shull comply with the pruviaions of Title VI of the Civil Rights Act of 1964 (42 USC 200cl), Section 504 of the Rehabilitation Act of 1973 (29 USC 794), end Chapter 49.60 RCW, as now or hereafter amended. GA Rhall not discriminate on the grounds of race, color, national origin, sex, religion, marital status, age, creed, Vietnam·Era and Disabled Vetet'llilB stutus, or the presence of nny sensory, mental, or phyaicul disability in:

a) Any tetlilS or conditions of employment to include taldng affirmntivo action necessary to accomplish the objectives of this pm't and

b) Denying an indlvidual the opp01tunity to participate in llilY progrrun provided by this Agreement tlu·ough the provision of services, or otherwise ailbrded others.

In the event of GA's nou-compliimoe or refusul to comply with the above provisions, this Agrocmcnt may be rescinded, c11I1celed, or terminated in whole or in part, and GA declared ineligible for forther Agreement with the CITY. GA sbnll, however, be given a rcosonnble time in which to cure this noncomplinnce. Any dispute rney be resolved in accordance with the "D1sputes" procedure set forth therein.

Intcrngcncy Agreement No. 2011-ERG-558 Pago 2 of 4

8. Records Maintennnce

Tho CITY and GA shnll each mninlnin boo:c.s, rec01lls, documents, and other evidenco that S\lfficiently and properly retlect all direct nod indirect costs expended by either party in the perfonnance of the services d~cnbed herein. These records shall be subject to inspection, review, or audit by persocnel of both pnrtios, other personnel duly authorized by either purty, the Office of the State Auditor, o.nd federal officials so authorized by law. GA will retain all books, records, doouments, and othe1· materinl relevant to this agreement for six years after expiration; and the Offieo of the State Auditor, federal auditors, and any persons duly authorizod by the parties sho.11 have full access and U1e right to examine any of these materials during this period.

9. Contract Manngement

a. The CITY Representative on this Agreement shall be:

Jeff Cook City of Lacey PO Box 3400 Lacey, WA 98509 Telephone (360) 491·5642

The Representative sha11 be responsible for working with GA, approving billings and expenses submitted by GA, and accepting nny reports from GA.

b. The GA Project Manager on this Agreement shall be:

Jim Hayes, P.E. Dept. of Gcnel'al Administration Fncilitics .Division Engineering and Architectural Services POBox410l2 Olympia, WA 98504-1012 Telephone (360) 902-7281

Jim Hayes wiU be tho contact person for nU communications regarding the conduct of work under this Agreement

10. Hold Ha1·mlcss

Euch pii.rty to tlUa Agreement sbnll be responsible for Its own acts ancVor omissions nnd !hose of its officers, employees and agents. No party to this Agreem~nt shall be r~onsib1e for the acts nnd/or omissions of entities or individuals not n party to this Agreement.

11. Agreement AltcrnUons nnd Amendments

The CITY and GA may mutuully mnend this Agreement. Such Amendment.a shall not be binding unless Utey Die in writing and signed by personnel authorized to bind the CITY nnd GA 01· thcit' rt!Spt:etive delegates.

12. Termhrnfion

Except as otherwise provided in this Agreement, either party may terminate thls Agreement upon thit1y (30) days written notification. If this Agreement i!I so terminated, the tenninating pnrty shall be liable

Jnterag~noy Agreement No. 20 I l-ERG-558 Pago 3 of4

only for performance in accordance with the tonns of this Agreement for perfo1mnnce rendered prior to the ~ffoctive dnte of termination.

13. DlsputC11

If 11 dispute arises under this Agreement, it shall be determined in the following manner: The CITY shall appoint a member to tho Dispute Board. The Diroctor of GA shall nppoint n member to the Dispute Board. The CITY and GA shaU jointly appoint a t.~d member to the Dispute Board. The Dispute Board shall evnluate the diRpute and make a determination of the dispute, TI1e determination of the Dispute Board shall be final and binding on lhe pa.rlies hereto.

14. Order of Precedence

In the event of an inconsistency in this Agreement, unless otherwise provided heroin, the inconsistency ahnll be resolved by giving _precedence in the following order:

a) Applicable Federal and State Statutes Wld Regulutions b) Terms and Conditions c) Attachment 0 N', Project Management Scope of Work; Attachments 1'B", Project Manngement

Fees; and Attachment .. C", Monitoring Services Scope of Work, 1111d d) Any other provisions of the Agreement incorporated by reference.

15. All Writings Contained Herein

This Agreement contains all the tenns u.nd conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the pnrtics hereto.

AUTHORIZATION TO PROCEED

Agreed to and signed by.

City of Lacey Department of General AdmlnJstrnUou FnciUticg Dlvislt.m Engineering & Archltectnrnl Services

Name,,

Energy Program Manager Title

Dute \ ~ \ 'L-1$ I 'o

The Department of Gonel'81 Acbnhtlstrntion provides eq\lal access for nll people without regard to mce, creed, color, religion, national origin, age, gend6r> sex, marital status, or disability. Contract informntion ls a.vniluble in olter.untive f01mnts. For more infomi.ation. please call Eddie Miller at (360) 902-7219. 20HSS8IAAcm llBVlllWJU>DY OA CFO 12fl/IO

Interagoaoy Aeroomont No. 2011~.ERG-558 Pnge4 of4

ATTACHMENT A

Scope of Work Energy/Utility Conservation Projects

Management Services

Statewide Energy Performance Contracting Program Master Energy Services Agreement No. 2009~15 l

GA will provide the following project management services for ench specific project for the CITY. Each individual project shall be authorized by Amendment to thls Agreement.

1. Assist the CITY in the selection of an Energy Se!Y'ice Company (ESCO) consistent with the requirements of RCW 39.35A for local governments; 01· 39.35C for state agencies and school districts.

2. Assist in identifying potential energy/utility conservation mCB.'lurcs and cstimntcd cost savings.

3. Negotiate scope of work nnd fee for ESCO audit of the fociJity(s).

4. Assist in identifying appropriate project funding sources and assist with obtaining project funding.

5. Ncgolinto the technical, financial nnd legal issues associated with the ESCO's Energy Services Proposal.

6. Review and recommend approvul of ESCO energy/utility audits and Enorgy Services Proposals.

7. Provide EtS&istnnce during the deBign, construction and commissioning processes.

8. Review and approve the ESCO invoice vouchers fol' payment.

9. Assist with tinnl project acceptance.

l 0. Provide other .services as required to complete u suc1.:cssfuJ l-111 .. Tgy p<..'Tformancc contract.

Jntcragcncy Agreemont No. 2011-ERG-558

ATTACI-IMENT B

2009-11 Interagency Reimbursement Costs for Project Management Fees to Administer

Energy!Utility Conservation Projects

PROJECT TOTAL PROJECT VALUE MANAGEMENT FEE IERMINATION $5,000,000 - or more 1.1 % of project cost $25,500

Below 5,000,000 S68,800 $25,500 II 4,000,000 64,900 23,600 II 3,000,000 59,900 21,700 n 2,000,000 52,800 19,600 " 1,500,000 47,800 17,150 IJ J,000,000 40,800 16,lSO

" 900,000 38,900 15,000 n 800,000 36,900 13,950

" 700,000 34,600 12,800 II 600,000 31,900 l l,500 II 500,000 28,700 10,100 " 400,000 24,800 8,800 " 300,000 19,800 7,300

" 200,000 10,500 4,400 II 100,000 6,500 3,000 ,,

50,000 4,000 2,000

" 20,000 2,000 1,000

1. These tees cover p1·oject mnnagement serviceff for energy/utility conscrvotion projects manngcd by GA's Energy Program.

2. Tennination foes cover the selection und project manngernent costs associated with mnnaging the ESCO's investment grade audit and proposal that identifies cost effective conservation meuStU"es if the CITY dooidcs not to proceed with the project through OA.

3. If the project meets lhc CITY's cost effectiveness criteria. a.nd the CITY decides not to move forward with n project, then the CI1Y will be Invoiced per Attachment B Termination or .t25,500.00 whichever ia !ess. If the CITY decides to proceed with the project then the Agreement will be amended per Attachment B for Project Mrumgeroent Fee.

4. If the audit foils to pmduce n project that meets the CITY's established Cost Effectiveness Critcrin, then there is no cost to 1.1c CITY nnd no further obligation by the CITY.

In1or11gc.moy Agreement No. 20 l l-ERU-558

ATTACHMENT C

Scope of Work Energy/Utility Conservation Projects

Monitoring Services

Statewide Energy Performance Contracting Program Master Energy Services Agreement No. 2009-151

If requested GA will provide the following monitoring services for each specific project for the CITY.

1. Monitor actual energy use and dollar costs, compare with the ESCO's annual Measurement and Verification (M&V) report und any ESCO guarantee, resolve differences, ifnooded, and approve any vouchers for pnyment.

2. Monitor facility operations including any changes in operating hours, changes in square footage, a.dditionnl energy consuming equipment and negotiate changes in baseline energy uso which mny impact energy savings.

3. Provide annual letter report describing t'1e ESCO's performance, equipment pcrformliilce imd operation, energy savings and ndditional opportunities, if any, to reduce t..'11.ergy cost!!.

lnt.cmgency Agreement Ko. 201 l-ERO-S58

Page 1 of 3


SUBJECT: Amended Memorandum of Agreement related to the ongoing support of the South Sound Military and Communities Partnership.

___________________________________________________________________________

RECOMMENDATION: Approve amended Memorandum of Agreement related to the ongoing support of the South Sound Military and Communities Partnership, and authorize the City Manager to sign agreement.

STAFF CONTACT: Scott Spence, City Manager

ORIGINATED BY: City Manager’s Office

ATTACHMENTS: 1. South Sound Military and Communities Partnership Memorandum of Agreement – approved by City Council on January 22, 2015 (Current).

2. Amended South Sound Military and Communities Partnership Memorandum of Agreement (Proposed)

FISCAL NOTE: City of Lacey’s current annual contribution to SSMCP is $50,000 per year as a member of the Executive Leadership Team.

PRIOR REVIEW: The Elected Officials Council recommended approval of the proposed amendments at a SSMCP event held at Eagles Pride Golf Course on November 21, 2017

Note: The activities of the South Sound Military and Communities Partnership have been presented to Council several times in the past. This specific amended Memorandum of Agreement, however, is new.

BACKGROUND:

In early 2010, the Department of Defense (DOD) Office of Economic Adjustment (OEA) awarded a grant for the region to study the military growth impacts in the area. The grant recognized that Joint Base Lewis-McChord (JBLM) is the largest Army installation in the western United States, and is a significant employer in the State of Washington Its presence is recognized throughout Pierce and Thurston counties and Washington State as a significant economic benefit to the South Puget Sound. In turn, communities surrounding JBLM enhance the quality of life for military personnel and families by providing high quality neighborhoods, schools, recreation opportunities, and other services.

The outcome of the grant is the JBLM Growth Coordination Plan, which generated detailed analyses and recommendations for a study area that extends from the southern portion of Tacoma in Pierce County south to the cities of Lacey and Yelm in Thurston County, including the

Page 2 of 3

towns of Steilacoom and Roy, the cities of DuPont and Lakewood, and eastward to State Route 507, including parts of unincorporated Pierce County. Upon completion of this year-long study, areas of greatest impact were identified and recommendations were determined. The ten keys areas identified by the JBLM Growth Coordination Plan included the following:

Economics Transportation Social Services Housing Land Use Policy Public Safety Education, Childcare, and Schools Health Utilities and Infrastructure Quality of Life

Given the scope of issues identified and potential opportunities for collaboration, the JBLM Growth Coordination Plan stressed the need for a unified voice and decision making process to address military-related issues impacting communities adjacent to JBLM. This recommended action eventually led to the formation of the South Sound Military and Communities Partnership (SSMCP) formalized in a Memorandum of Agreement (MOA) signed by governments in both Pierce and Thurston counties as well as organizations including United Way of Pierce County and Tacoma- Pierce Chamber of Commerce. On March 24, 2011, the Lacey City Council approved the original Memorandum of Agreement. More recently, the Lacey City Council approved an amended SSMCP MOA on January 22, 2015. At that time, the amended MOA included language to better clarify its function and focus of support. The amended MOA also added new members to the partnership such as City of University Place and Tacoma Pierce County Department of Health. Minor amendments to the timing of invoicing were also part of this revision. In addition, the MOA increased the City of Lacey’s financial contrition to $50,000, making the City’s funding commitment equal to the City of Lakewood and Pierce County. STRUCUTURE: SSMCP receives policy direction from an Elected Officials Council (EOC). The EOC is comprised of elected officials representing local governments adjacent to Joint Base Lewis-McChord; the Lacey Mayor currently serves on the EOC. Additionally, oversight and strategic direction is provided to SSMCP by a Steering Committee. The chief appointed official from each local government, and other charter organizations, serve on this committee and meets monthly; Lacey’s City Manager attends the monthly Steering Committee meetings. In addition, an Executive Leadership Team (ELT) oversees the day-to-day operations of the SSMCP and responds to emerging issues. Lacey is one of three members serving on the ELT. The other two members are the City of Lakewood and Pierce County. At present, the Lacey City Manager attends ELT meetings. Currently, the SSMCP budget totals approximately $400,000. This pays for two fulltime staff, coordination events, special projects, travel and other related expenses. Current activities initiated by SSMCP include the North Clear Zone project (i.e., McChord Airfield) and a future survey of active-duty military and civilians on JBLM

Page 3 of 3

PROPOSAL: SSMCP is recommending new language to the existing MOA (see attached documents) related to membership, corporate involvement, and the ELT. The following highlights some of the proposed changes:

Membership Structure –

The update reclassifies the general membership into four categories: local government, non-profit, corporate, and individual.

New language distinguished between membership and sponsorship.

Corporate Involvement –

Amendments provide an avenue for corporate involvement in SSMCP activities.

Sponsorship activities shall be subject to review by ELT and Steering Committee. Additional oversight by the Elected Officials Council is also included.

ELT – Expanded Responsibilities -

ELT will negotiate and approve terms of corporate memberships and sponsorships. The Elected Officials Council recommended approval of the proposed amendments at a SSMCP event held at Eagles Pride Golf Course on November 21, 2017

ADVANTAGES:

1. The partnership provides an effective regional voice representing the combined interests of Thurston and Pierce counties centered on JBLM.

2. Establishes an effective communication channel and collaborative opportunities among participants of the SSMCP and military representatives from JBLM.

DISADVANTAGES:

1. None Foreseen.

2015 SSMCP Memorandum of Agreement Page 1 of 9

MEMORANDUM OF AGREEMENT This agreement is made between the undersigned parties and hereto it is agreed as follows: I. Establishment: This Memorandum of Agreement (MOA) establishes the structure, roles and responsibilities of the South Sound Military & Communities Partnership (SSMCP, or the Partnership). This MOA supersedes previous SSMCP MOAs. II. Purpose: The Partnership provides a framework for collaboration in the south Puget Sound region between local governments, military installations, State agencies, and Federal agencies to better coordinate efforts in areas such as: military relations; transportation and land use planning; environmental protection; emergency preparedness; data coordination; funding requests (e.g., grant applications); health care coordination; population forecasting; workforce development; education; housing; community development; economic development; and other issues that may arise. The Partnership provides actionable recommendations to regional leaders on initiatives, programs, and topics that strengthen the role that Joint Base Lewis-McChord (JBLM), the National Guard, and Reserves play in America's defense strategy and the economic health and vitality of the region and the State of Washington. The Partnership:

a. Focuses on the intersection of issues between local governments and the military community, engaging the support of the business, healthcare, education, workforce development, and social services communities;

b. Assists in the coordination of governmental efforts so that all citizens of the community can receive the full benefits of the economic, civil, commercial, cultural, and educational opportunities presented to them, and so that the impact of the military community will be fairly shared;

c. Promotes the general welfare of the region; d. Acts on behalf of the members as the regional organization recognized by the Federal

government for applying for community assistance and grants related to mission changes and/or growth at JBLM and Camp Murray;

e. Coordinates state and federal legislative educational and advocacy efforts by members and SSMCP staff related to the promotion of common interests as approved by the Steering Committee; and

f. Acts as the regional representative of the member governments to coordinate with JBLM and Camp Murray regarding the ability of each installation to accomplish its current and future projected mission.

III. Objectives: 1. Work collaboratively to create, expand, and improve opportunities to collect and disseminate

information and best practices that address the challenges of the local communities, residents,


businesses, and military installations in our region to succeed in meeting their own needs without preventing the others from meeting their needs, both now and in the future. Specifically: a. Coordinate and provide recommendations to the region’s leaders to remedy and protect JBLM

and Camp Murray from encroachment or other initiatives that could result in degradation of or restriction to military operations on or based out of JBLM and Camp Murray.

b. Notify the local military installations of development proposals or other projects in the surrounding communities that may impact military operations.

2. Coordinate with commanders, communities, and State and Federal agencies on affairs that affect the installation and may require State coordination and assistance.

3. Serve as a “single point of contact” to ensure that communities, the military, Washington State’s congressional delegation, and other Federal agencies, as appropriate, are fully aware of activities likely to result in impacts or benefits to the region.

4. Support efforts by agencies and service providers in the region to implement the recommendations and strategies of the 2010 JBLM Growth Coordination Plan (GCP) and more recently identified SSMCP priorities, which include: a. A sound infrastructure system, adequate housing and education, and transition support into

Pierce and Thurston county workforces for military members and their families, military retirees, and veterans;

b. Support for economic development organizations and initiatives that focus on leveraging the military and related business opportunities to help create jobs and expand defense and homeland security related economic development activity in the South Sound.

5. Adopt processes, similar to those already in place for artillery firing notices, to ensure that the military installations provide timely advance notification of operations which are likely to impact other partner members, and that other partner members provide the same courtesy to the military installations.

6. Discuss and potentially act upon other issues or matters that the SSMCP deems essential to fulfilling its purpose.

IV. Responsibilities: 1. Maintain a vision, organizational structure, brand, and a Work Plan for the Partnership consistent

with the recommendations and strategies identified in the GCP and subsequent documents as well as other SSMCP priorities.

2. Form Working Groups (WGs) that support the Partnership and the implementation of the recommendations in the GCP. Consider stakeholders involved in the ten Expert Panels of the GCP effort for these working groups, but also be open to new stakeholders.

3. Develop and commit to a schedule of regular meetings for the Partnership and the WGs. 4. Hold an annual public forum that includes speakers from JBLM, regional stakeholders, and/or any

other relevant organizations to share news; report on major changes at JBLM, Camp Murray, and in local jurisdictions; discuss progress on GCP strategies, SSMCP priorities and other plans; network among current and seek new SSMCP members; recognize outstanding service; and celebrate new partnerships and programs.

5. Hold one or more member-exclusive events (in person, via social media, etc.) annually during which data concerning progress and information about JBLM, Camp Murray, and SSMCP priorities would be shared (including, for instance, actual and projected military-connected (active duty, civilian employee, and military family( population and employment changes, construction projects, funding changes, mobilization and deployment, etc.)


6. Formalize a method for data sharing between JBLM and Camp Murray and the surrounding communities which would include the most recent military related population changes, including incoming personnel, deployments, Department of Defense (DoD) civilian operations, and construction projects.

7. Develop periodic memoranda, schedules or press releases to share with members regarding expansion/contraction of JBLM personnel, mobilization, and deployment.

8. Support information-sharing and appropriate advocacy with state and federal legislative bodies. 9. Accept an active role to ensure that GCP-related recommendations and other SSMCP priorities

are funded and sustained through the foreseeable future. V. Membership: To ensure efforts of the Partnership are planned, coordinated, and implemented with a focus on outcomes, the structure of the SSMCP is as follows: 1. General Members. Role: The primary role of the general membership is to provide expertise, perspective and

guidance to the Steering Committee on specific topics that promote the objectives of the SSMCP. Members will gather at least annually (more often, if necessary) to share best practices and receive information on changes at JBLM and Camp Murray, and in adjacent communities. They will also be encouraged to share their insights on existing conditions and growth trends; assist in the development of the GCP and other SSMCP priority implementation; and to review any studies, products, and other information developed by staff. Working Groups (WGs) will be established based on the strategies outlined in the GCP and on other topics of interest within the SSMCP membership. Each WG will select a spokesperson/chair that will serve on the Steering Committee to represent their strategy area/topic of interest. WG chairs will be expected to report on GCP strategy and SSMCP priority progress, and may also take new initiatives to the Steering Committee for consideration as part of the Partnership’s annual work plan. The WGs already established include Transportation & Infrastructure (TI), Business & Development (BD), Social Services (SS), and Healthcare (HC).

Participants: The Partnership is open to any person, association, group, or organization having an

interest in the purpose and objectives of the SSMCP, and such will be considered a member upon payment of the annual dues established by the Steering Committee. The Partnership is intended to be as inclusive as necessary to address the numerous topical areas covered in the GCP and other SSMCP priorities.

Benefits: a. Participate on one or more Working Groups of the member’s choice; b. Participate in member-exclusive events and information sharing opportunities. 2. Executive Leadership Team. Role: The Executive Leadership Team (ELT) is operational in nature, overseeing the day-to-day

work of Partnership staff, activities and budget and serving as a sounding board for staff on emerging issues, problems, and initiatives that may occur during the interval between meetings of the full Steering Committee. The ELT is structured to promote timely and manageable communication and coordination between leadership and staff.


Participants: The Executive Leadership Team (ELT) is open to any person, association, group, or organization having an interest in the purpose and objectives of the SSMCP, and such will be considered a member upon payment of the annual dues established by the Steering Committee.

3. Steering Committee. Role: The Steering Committee (SC) is the foundation of the Partnership and the members are

committed to remaining actively involved in the Partnership moving forward. The SC provides broad oversight to the implementation of the recommendations, strategies and action items outlined in the GCP and subsequent documents and identified as other SSMCP priorities. The SC coordinates the work of assigned staff with members of the Partnership, helps develop an annual work plan to implement GCP strategies and other SSMCP priorities, approves the annual work plan, authorizes the annual budget, and is committed to ensuring that the SSMCP remains sustainable and has high value for the region. Finally, the SC is responsible for authorizing the creation of Working Groups (WGs) that reflect the needs, opportunities and intersection of military and community issues. Regular members will typically represent the local military installations, local and state governments, and affected service districts in the region. The SC shall meet as necessary, but not less than quarterly, in order to coordinate the activities of assigned staff and clarify issues, formulate strategies, and propose action plans.

Participants: The Steering Committee (SC) is open to any person, association, group, or

organization having an interest in the purpose and objectives of the SSMCP, and such will be considered a member upon payment of the annual dues established by the Steering Committee.

4. Elected Officials Council.

Role: The current Elected Officials Council (EOC) role and structure will be maintained to continue advocating for military issues of mutual concern in the south Puget Sound region. Participants: All elected leaders within Pierce and Thurston Counties, the surrounding cities and legislative districts are invited to attend EOC meetings, but a single representative from each governmental body is requested to represent their interests on the EOC. The EOC is convened by the Mayor of Lakewood, the Pierce County Executive, and the Chair of the Thurston County Commissioners 2-3 times annually to receive updates on military and community issues, review the annual work plan, coordinate legislative strategies, and suggest outreach efforts to maintain a high level of visibility for these priorities. EOC meetings will conform to the Open Public Meetings Act of the State of Washington, 42.30 RCW.

VI. Funding: There is a financial commitment required to participate in the Partnership. To ensure smooth and continuous operations over time, it is desirable to structure for maximum financial stability. To that end, the dues for Executive Leadership team (ELT) and Steering Committee (SC) members are set based on the funds needed for pay, benefits, and program overhead for two full-time SSMCP staff members to focus on the work plan priorities established by the SC. Costs are also expected to include operations and administration, consultant efforts, and the commissioning of special studies as well as other activities as approved by the Steering Committee. Each year, in conjunction with preparation of the Annual Work Plan and Budget, dues will be calculated based on a methodology


agreed to by a majority of the combined ELT and SC members. This commitment is outlined in Appendix A of this Agreement. VII. Formation of Subcommittees: The Partnership may be supported by technical experts, advisors, and community staff and leadership in various agency, jurisdictional, non-profit, and institutional capacities. Subcommittees will be formed by action of the SC as necessary to carry out the specific recommendations and strategies of the GCP or other SSMCP priorities. VIII. Review/Changes: The signatories (or their successors) will review this MOA periodically, but no less than annually. Proposed changes to this MOA will be in writing and shall be subject to approval in any event by the signatories or their successors. IX. Effective Date and Termination: This Agreement is effective when signed and shall remain in effect until terminated by a majority of the Steering Committee members in good standing. Any member partner may terminate its membership in the Partnership by providing no less than 30 days written notice to the Partnership of the desired termination date. X. Indemnification: Each Party shall defend, indemnify and hold each other harmless from any and all claims, demands, suits, actions, judgments, recoveries, liabilities, penalties, costs and expenses, including, but not limited to reasonable attorneys’ fees, resulting from damage or bodily injury, including death, to the extent caused by a Party’s breach of this Agreement or the negligent actions or omissions of that Party, or its employees, agents, or officers, elected or appointed. The foregoing indemnity specially covers actions brought by the Party’s own employees, and each Party agrees that the foregoing indemnity is specifically and expressly intended to constitute a waiver of immunity under Washington’s Industrial Insurance Act, RCW Title 51, but only as to the Party entitled to indemnity and only to the extent necessary to provide a full and complete indemnity as required under this Section. The indemnification obligation provided in this section shall survive the expiration or earlier termination of this Agreement for the duration of any applicable statute of limitations. XI. Effect of Agreement: This MOA is an internal agreement and does not confer any rights upon any individual or other entity. This MOA sets forth mutual goals and approaches. This MOA is not intended to create any rights, benefits, or other responsibilities, either substantive or procedural, nor is it enforceable as law or equity by a party against the U.S., its agencies, its officers, or any other person. Nothing in this MOA shall obligate members to expend other monies or enter into any contract or other obligation. Nothing in the MOA shall be interpreted as limiting, superseding, or otherwise affecting the Parties’ normal operations or decisions in carrying out their statutory or regulatory duties. This MOA does not limit or restrict members from participating in similar activities or arrangements with other agencies.


Signed, dated and acknowledged:

Pierce County

City of Lacey

City of DuPont

Tacoma Pierce County Chamber of Commerce


Tacoma Pierce Co. Department of Health


EXHIBIT A

Membership and Annual Financial Commitment

The Executive Leadership Team (ELT) will be comprised of the following members: 1. City of Lacey 2. City of Lakewood 3. Pierce County 4. Joint Base Lewis-McChord Headquarters (advisory only)

The chief appointed official from each of the local governments will represent their jurisdiction on the ELT. JBLM will be represented by the Joint Base Commander (JBC) and/or his Chief of Staff. ELT members will also be members of the Steering Committee, and on an annual rotating basis (or other arrangement) each member of the ELT will serve as chair of the Steering Committee at the regular monthly meeting. The Steering Committee (SC) will be comprised of regular members and Working Group (WG) Chairs. Regular members will consist of government representatives from the following:

1. City of DuPont 2. City of Tacoma 3. City of University Place 4. City of Yelm 5. Nisqually Tribe 6. Joint Base Lewis-McChord Headquarters 7. Thurston County 8. Thurston Regional Planning Council 9. Town of Steilacoom 10. Washington Military Department (Camp Murray)

The chief appointed official from each of the local governments will represent their jurisdiction on the SC. Working Groups (WG) consist of the numerous public and private sector interests in our region that interact with JBLM and Camp Murray. WG Chairs will be the chief appointed officials or their designees from the following:

1. Tacoma-Pierce County Chamber (as Chair of the Business and Development WG) 2. Tacoma-Pierce County Health Department (as Chair of the Health Care WG) 3. United Way of Pierce County (as Chair of the Social Services WG) 4. Washington State Department of Transportation (as Chair of the Transportation WG). 5. If needed, other WGs will be formed at the request of the SC, and Chairs will be appointed

accordingly.

Financial Commitments Financial commitments are tiered based on level of involvement, as follows:

1. Executive Leadership Team (ELT): City of Lacey $20,000, City of Lakewood $50,000, Pierce County $50,000.

2. Steering Committee: $6,500 annually unless this amount is prohibited by law, regulation, or local policy.

3. Working Group (WG) Chairs: $2,500 annually for as long as they actively chair a WG.* 4. General Members: $500 annually.


Membership costs may be reduced through in-kind donations with advance approval of the majority of SC members in good standing. An example of an acceptable in-kind donation is staff time dedicated to SC Work Plan priorities that is significantly above and beyond that expected of all SC members in their role on the SC. *As approved by the Steering Committee, in 2015, the Tacoma-Pierce County Health Department shall pay $500 and donate in-kind effort by its representative to cover its WG Chair costs. The City of Lakewood will act as the fiduciary agent for the SSMCP and will be responsible for invoicing the members pursuant to this agreement.

Invoicing After signature, members will be invoiced for annual membership fees. Invoicing will begin in October of the preceding year. Membership fee payment that is not received by February 1will be considered late and will suspend the member’s meeting attendance and voting privileges. A member’s good standing will be reinstated upon receipt of the full membership fee. Annual fees shall be prorated on a monthly basis during the first year for members who join after January 1 of that year; such members will pay full fees in subsequent years.

MEMORANDUM OF AGREEMENT This agreement is made between the undersigned parties and hereto it is agreed as follows: I. Establishment: This Memorandum of Agreement (MOA) establishes the structure, roles and responsibilities of the South Sound Military & Communities Partnership (SSMCP, or the Partnership). This organization has evolved and requires new language that better reflects the status of the organization. This MOA entirely supersedes any previous SSMCP MOAs. The SSMCP is a regional partnership that may provide funding for employees to support the work of the organization but does not directly employ any individual. Per this MOA, the City of Lakewood (the City) shall serve as the fiduciary agent of the SSMCP as well as providing legal advice and other administrative services as necessary to the Partnership. When acting on behalf of the Partnership, City staff will act pursuant to SSMCP direction. In carrying out duties pursuant to SSMCP direction, City staff shall follow the administrative and financial procedures of the City of Lakewood. In the event City staff, acting on behalf of the SSMCP, develop a conflict or the appearance of conflict, in direction between the SSMCP and the interests of the City, action shall be taken to allocate separate staff to the SSMCP and the City for that issue. II. Purpose: The Partnership provides a framework for collaboration in the south Puget Sound region between local governments, military installations, State agencies, Federal agencies, and community organizations to better coordinate efforts in areas such as: military relations; transportation and land use planning; environmental protection; emergency preparedness; data coordination; funding requests (e.g., grant applications); health care coordination; population forecasting; workforce development; education; housing; community development; economic development; and other issues that may arise. The Partnership provides actionable recommendations to regional leaders on initiatives, programs, and topics that strengthen the role that Joint Base Lewis-McChord (JBLM), the National Guard, and Reserves play in America's defense strategy, the economic health and vitality of the region, and the State of Washington. The Partnership: 1. Focuses on the intersection of issues between local governments and the military community,

engaging the support of the business, healthcare, education, workforce development, charitable, and social services communities;

2. Assists in the coordination of governmental efforts so that all citizens of the community can receive the full benefits of the economic, civil, commercial, cultural, and educational opportunities presented to them via the presence of the military installation, and so that the impact of the military community will be fairly shared;

3. Provides a venue for regular communication and coordination between military, local government, and community organizations regarding issues of common interest.

4. Promotes the general welfare of the region;

5. Acts on behalf of the members as the regional organization recognized by the Federal government for applying for community assistance and grants related to mission changes and/or growth at JBLM and Camp Murray;

6. Coordinates state and federal legislative educational and advocacy efforts by members and SSMCP staff related to the promotion of common interests as approved by the Steering Committee;

7. Acts as the regional representative of the member governments to coordinate with JBLM and Camp Murray regarding the ability of each installation to accomplish its current and future projected mission, and,

8. Participates on the Washington Military Alliance (WMA) on behalf of the SSMCP membership.

III. Objectives: 1. Work collaboratively to create, expand, and improve opportunities to collect and disseminate

information and best practices that address the challenges of the local communities, residents, businesses, and military installations in our region to succeed in meeting their own needs without preventing the others from meeting their needs, both now and in the future. Specifically: a. Coordinate and provide recommendations to the region’s leaders to remedy and protect

JBLM and Camp Murray from encroachment or other initiatives that could result in degradation of or restriction to military operations on or based out of JBLM and Camp Murray.

b. SSMCP will make good faith efforts to notify local military installations of comprehensive plan updates and land use regulations or other projects in the surrounding communities that may impact military operations. Notification by SSMCP does not relieve local jurisdictions of any notification requirements under state law.

2. Coordinate with commanders, communities, and State and Federal agencies on affairs that affect the installation and may require State coordination and assistance.

3. Develop and advocate for a consensus State legislative agenda on behalf of SSMCP members. 4. Serve as a “single point of contact” to ensure that area communities, the military, Washington

State’s congressional delegation, and Federal agencies, as appropriate, are fully aware of activities likely to result in impacts or benefits to the region.

5. Support efforts by agencies and service providers in the region to implement the relevant recommendations and strategies informed by the 2010 JBLM Growth Coordination Plan (GCP), the 2015 JBLM JLUS, and more recently identified SSMCP priorities, which include: a. A sound infrastructure system, adequate housing and education, and transition support

into Pierce and Thurston county workforces for military members and their families, military retirees, and veterans;

b. Support for economic development organizations and initiatives that focus on leveraging the military and related business opportunities to help create jobs and expand defense and homeland security related economic development activity in the South Sound.

6. Coordinate the development of processes, similar to those already in place for artillery firing notices, to ensure that the military installations provide timely advance notification of

operations which are likely to impact other partner members, and that other partner members provide the same courtesy to the military installations.

7. Discuss and potentially act upon other issues or matters that the SSMCP deems essential to fulfilling its purpose.

IV. Responsibilities: 1. Maintain a vision, organizational structure, brand, and a Work Plan for the Partnership

consistent with the recommendations and strategies identified in the GCP and subsequent documents as well as other SSMCP priorities.

2. Form Working Groups (WGs) that support the Partnership and the implementation of Partnership goals and priorities. Consider stakeholders involved in the ten Expert Panels of the GCP effort for these working groups, but also be open to new stakeholders.

3. Develop and commit to a schedule of regular meetings for the Partnership and the WGs. 4. Hold an annual public forum that includes speakers from JBLM, regional stakeholders, and/or

any other relevant organizations to share news; report on major changes at JBLM, Camp Murray, and in local jurisdictions; discuss progress on GCP and Working Group strategies, SSMCP priorities and other plans; network among current and seek new SSMCP members; recognize outstanding service; and celebrate new partnerships and programs.

5. Hold a member-exclusive event (in person, via social media, etc.) annually during which data concerning progress and information about JBLM, Camp Murray, and SSMCP priorities would be shared (including, for instance, actual and projected military-connected (active duty, civilian employee, and military family (population and employment changes, construction projects, funding changes, mobilization and deployment, etc.)

6. Formalize a method for data sharing between JBLM and Camp Murray and the surrounding communities which would include the most recent military related population changes, including incoming personnel, deployments, Department of Defense (DoD) civilian operations, and construction projects.

7. Develop periodic publications (e.g., newsletters, memoranda, schedules, press releases, etc.) to share with members regarding expansion/contraction of JBLM personnel, mobilization, training cycles, and deployment, Partnership survey results, and other issues of interest.

8. Support information-sharing and appropriate advocacy with state and federal legislative bodies.

9. Accept an active role to ensure that efforts to implement SSMCP priorities are funded and sustained through the foreseeable future.

V. Membership: Financial commitments are tiered based on level of membership involvement (i.e., Individual, Non-profit, Corporate, General, Working Group Chair, Steering Committee, Executive Leadership Team.) Membership costs may be reduced through in-kind donations with advance approval of the majority of Steering Committee members in good standing. The Steering Committee reserves the right to review and approve memberships.

Participants: The Partnership is open to any person, association, group, or organization having an interest in supporting the purpose and objectives of the SSMCP and such will be

considered a member upon approval by the Steering Committee and payment of the established annual dues. The Partnership is intended to be as inclusive as necessary to address the numerous topical areas included in SSMCP priorities.

To ensure efforts of the Partnership are planned, coordinated, and implemented with a focus on outcomes, the structure of the SSMCP is as follows:

1. General Members:

Role: The primary role of the general membership is to provide expertise, perspective and guidance to the Steering Committee on specific topics that promote the objectives of the SSMCP. Members will gather at least annually (more often, if necessary) to share best practices and receive information on changes at JBLM and Camp Murray as well as in adjacent communities. They will also be encouraged to share their insights on existing conditions and growth trends; assist in the development of the GCP and other SSMCP priority implementation; and to review any studies, products, and other information developed by staff.

a. Local government: Role: Local governments helped establish SSMCP to improve regional collaboration and coordination with JBLM. Any local government with a mutual interest in military affairs and JBLM training and operations may be granted membership in the SSMCP. b. Corporate Members:

Role: Corporations whose goals, objectives, and business operations are consistent with military values and SSMCP’s mission, Strategic Plan and Work Plan will be considered for membership in the SSMCP. Steering Committee members have authority to approve or disapprove corporate membership by majority vote when a quorum is present.

c. Non-Profit Members:

Role: Non-profit organizations provide expertise, perspective, and guidance on specific topics and can provide information and leadership to SSMCP and can serve on working groups, ad hoc subcommittees, and the Steering Committee. Non-Profits with a mutual interest in military affairs and JBLM training and operations may be granted membership in SSMCP.

d. Individual Members: Role: Individual community members may join the SSMCP and to learn about and support the objectives of SSMCP. Any individual with a mutual interest in military affairs and JBLM training and operations may be granted membership in SSMCP.

2. Working Group Chairs: Role: Working Groups (WGs) will be established based on the strategies outlined in the GCP,

the JLUS and on other topics of interest within the SSMCP membership. Each WG will be

represented by a spokesperson/chair that will serve as a non-voting member of the Steering Committee to represent their strategy area/topic of interest. WG chairs will be expected to report on priority implementation progress, and may also take new initiatives to the Steering Committee for consideration as part of the Partnership’s annual work plan. Current WGs include Transportation & Infrastructure (T), Social Services (SS), Education (ED), Healthcare (HC), and the Business and Economic Development (BED).

3. Steering Committee: Role: The Steering Committee (SC) is the foundation of the Partnership and the members are

committed to remaining actively involved in the Partnership moving forward. The SC provides broad oversight to the implementation of the recommendations, strategies and action items outlined in the GCP and subsequent documents and identified as other SSMCP priorities. The SC coordinates the work of assigned staff with members of the Partnership, helps develop an annual work plan to implement GCP strategies and other SSMCP priorities, approves the annual work plan and annual budget, and is committed to ensuring that the SSMCP remains sustainable and has high value for the region. Finally, the SC is responsible for authorizing the creation of Working Groups (WGs) that reflect the needs, opportunities and intersection of military and community issues. Regular members will typically represent the local military installations, local and state governments, community organizations, and affected service districts in the region. The SC shall meet as necessary, but not less than quarterly, in order to coordinate the activities of assigned staff and clarify issues, formulate strategies, and propose action plans.

4. Executive Leadership Team: Role: The Executive Leadership Team (ELT) is operational in nature, overseeing the day-to-

day work of Partnership staff, activities and budget and serving as a sounding board for staff on emerging issues, problems, and initiatives that may occur during the interval between meetings of the full Steering Committee. The ELT is structured to promote timely and manageable communication and coordination between leadership and staff. The ELT has authority to negotiate and approve the terms of corporate memberships and sponsorships. The Executive Leadership Team (ELT) is open to any person, association, group, or organization having an interest in the purpose and objectives of the SSMCP, and such will be considered a member upon payment of the annual dues established by the Steering Committee.

5. Elected Officials Council:

Role: The Elected Officials Council (EOC) is the policy-making board for the SSMCP. The EOC’s role is to advocate for military issues of mutual concern in the south Puget Sound region. The EOC is convened by its co-chairs, the Mayor of Lakewood, the Pierce County Executive, and the Chair of the Thurston County Commissioners at least two times annually to receive updates on military and community issues, review the SSMCP annual work plan, coordinate legislative strategies, and suggest outreach efforts to maintain a high level of visibility for these priorities. EOC meetings will conform to the Open Public Meetings Act of the State of Washington, 42.30 RCW. Each EOC member is allocated one vote on action items.

All elected leaders within Pierce and Thurston Counties, the surrounding cities and legislative districts are invited to attend EOC meetings, but a single representative from each governmental body is requested to vote and represent their interests on the EOC.

VI. Funding: There is a financial commitment required to participate in the Partnership. To ensure smooth and continuous operations over time, it is desirable to structure for maximum financial stability. To that end, the financial commitment for Executive Leadership Team (ELT) and Steering Committee (SC) members are set based on the funds needed for pay, benefits, and program overhead for two full-time SSMCP staff members to focus on the work plan priorities established by the SC. Costs are also expected to include operations and administration, consultant efforts, and the commissioning of special studies as well as other activities as approved by the Steering Committee. Each year, in conjunction with preparation of the Annual Work Plan and Budget, dues will be calculated based on a methodology agreed to by a majority of the combined ELT and SC members. This commitment is outlined in Appendix A of this Agreement.

Sponsorship is encouraged to support SSMCP activities but is separate and distinct from corporate membership. 1. Sponsorship:

Role: Organizations may sponsor SSMCP events, projects, or operational costs (e.g., staff time, administrative resources, marketing, etc…). Sponsorships can be at any amount agreed upon by the sponsor and SSMCP’s ELT. Terms of sponsorships shall be individually negotiated. Sponsorships of SSMCP operational costs shall not affect SSMCP’s mission. a) Sponsorships shall be subject to review and recommendation for approval or denial by

the Executive Leadership Team to the Steering Committee; and either a vote by the Steering Committee or, should the sponsorship be for an item or action that affects the mission of the SSMCP, a vote by the Elected Officials Council. Sponsorships will be time limited to one year or for the duration of the event sponsored.

b) Sponsors may: 1) Request to present information relevant to their sponsorship to the Executive

Leadership Team and/or Steering Committee periodically 2) Attend Elected Official, Steering Committee and Working Group meetings 3) Interact with SSMCP members and the general public via SSMCP as provided for in

their sponsorship agreement. 4) Request contact information for SSMCP members (i.e., mailing and e-mailing

addresses)

VII. Formation of Ad hoc Subcommittees: The Partnership may be supported by technical experts, advisors, and community staff and leadership in various agency, jurisdictional, non-profit, and institutional capacities. Ad hoc subcommittees will be formed by action of the SC as necessary to carry out the specific recommendations and strategies of the GCP or other SSMCP priorities.

VIII. Review/Changes: The signatories (or their successors) will review this MOA periodically, but no less than bi-annually. Proposed changes to this MOA will be in writing and shall be subject to approval in any event by the signatories or their successors. IX. Effective Date and Termination: This Agreement is effective when signed and shall remain in effect until terminated by a majority of the Steering Committee members in good standing. Any member partner may terminate its membership in the Partnership by providing no less than 30 days written notice to the Partnership of the desired termination date. Upon terminating its membership, a member forfeits its membership dues to SSMCP. Upon termination without renewal or replacement of this MOA, or upon dissolution of the SSMCP, any unencumbered SSMCP funds shall be returned, pro rata, to its then current membership (i.e., General, Working Group, Steering Committee, and Executive Leadership Team members will each receive an amount proportional to the percentage of each type of membership within SSMCP’s total membership divided by the total number of their type of member.) X. Indemnification: Each Party shall defend, indemnify and hold each other harmless from any and all claims, demands, suits, actions, judgments, recoveries, liabilities, penalties, costs and expenses, including, but not limited to reasonable attorneys’ fees, resulting from damage or bodily injury, including death, to the extent caused by a Party’s breach of this Agreement or the negligent actions or omissions of that Party, or its employees, agents, or officers, elected or appointed. The foregoing indemnity specially covers actions brought by the Party’s own employees, and each Party agrees that the foregoing indemnity is specifically and expressly intended to constitute a waiver of immunity under Washington’s Industrial Insurance Act, RCW Title 51, but only as to the Party entitled to indemnity and only to the extent necessary to provide a full and complete indemnity as required under this Section. The indemnification obligation provided in this section shall survive the expiration or earlier termination of this Agreement for the duration of any applicable statute of limitations. XI. Effect of Agreement: This MOA is an internal agreement and does not confer any rights upon any individual or other entity. This MOA sets forth mutual goals and approaches. This MOA is not intended to create any rights, benefits, or other responsibilities, either substantive or procedural, nor is it enforceable as law or equity by a party against the U.S., its agencies, its officers, or any other person. Nothing in this MOA shall obligate members to expend other monies or enter into any contract or other obligation. Nothing in the MOA shall be interpreted as limiting, superseding, or otherwise affecting the Parties’ normal operations or decisions in carrying out their statutory or

regulatory duties. This MOA does not limit or restrict members from participating in similar activities or arrangements with other agencies. Signed, dated and acknowledged:

Pierce County

City of Lakewood

City of Lacey

City of DuPont

City of Yelm

Joint Base Lewis – McChord Headquarters

Nisqually Tribe

Thurston County

City of Tacoma

City of University Place

EXHIBIT A

Membership and Annual Financial Commitment

The Executive Leadership Team (ELT) will be comprised of:

1. Joint Base Lewis-McChord Headquarters (advisory only, ex officio) 2. Members who pay the identified financial commitment

Local governments will be represented by the chief appointed official, or his/her designee, of their jurisdiction. JBLM will be represented by the Joint Base Commander (JBC) and/or his Chief of Staff. ELT members will also be members of the Steering Committee, and on an annual rotating basis (or other arrangement) each member of the ELT will serve as chair of the Steering Committee at the regular monthly meeting. The Steering Committee (SC) will be comprised of ELT members, regular members and Working Group (WG) Chairs who pay the identified financial commitment.

The chief appointed official, or his/her designee, from local governments will represent their jurisdiction on the SC. Working Groups (WG) consist of representatives from the numerous military, public and private sector interests in SSMCP’s region that interact regarding issues arising from the presence of JBLM and Camp Murray. WG Chairs will be the chief appointed officials, or their designees, of those members that pay the financial commitment to serve as chair.

Financial Commitments

Financial commitments are tiered based on level of involvement, as follows: 1. Executive Leadership Team (ELT): $50,000 annually unless this amount is prohibited by

law, regulation, or local policy. 2. Steering Committee (SC): $6,500 annually unless this amount is prohibited by law,

regulation, or local policy. 3. Working Group (WG) Chairs: $2,500 annually for as long as they actively chair a WG.* 4. General Members: $500 annually.

a. Corporate Members: individually negotiated by the ELT and reviewed and approved by the SC.

b. Non-profit Members: $100 annually for non-profits with annual revenue under $1,000,000 and a negotiated membership rate for those with higher annual revenue.

c. Individual Members: $50 annually 5. Corporate Sponsorships: Individually negotiated by the ELT. Sponsorships may or may

not include the amount for a corporate membership. Membership costs may be reduced through in-kind donations with advance approval of the majority of SC members in good standing. An example of an acceptable in-kind donation is staff

time dedicated to SC Work Plan priorities that is significantly above and beyond that expected of all SC members in their role on the SC. *An exception has been approved by the Steering Committee for the Tacoma-Pierce County Health Department who shall pay $500 to cover its WG Chair costs and the remainder through in-kind services. SSMCP Members Executive Leadership Team:

1. City of Lacey 2. City of Lakewood 3. Pierce County 4. Joint Base Lewis-McChord Headquarters (ex officio) 5. Other members who may join by paying financial commitment

Steering Committee Members:

1. City of DuPont 2. City of Tacoma 3. City of University Place 4. City of Yelm 5. Thurston County 6. Nisqually Tribe 7. Joint Base Lewis-McChord Headquarters 8. WA Military Department 9. Other members who may join by paying financial commitment

2018 Working Group Chairs: WG Chairs will be the chief appointed officials, or their designees, of those members that pay the financial commitment to serve as chair.

1. Tacoma-Pierce County Chamber (as Chair of the Business & Economic Development WG) 2. Tacoma-Pierce County Health Department (as Chair of the Health Care WG) 3. United Way of Pierce County (as Chair of the Social Services WG) 4. Washington State Department of Transportation (as co-Chair of the Transportation WG). 5. Thurston Regional Planning Council (as co-Chair of the Transportation WG) 6. Pierce Transit (as co-Chair of the Transportation WG) 7. Clover Park School District (Chair of the Education WG) and South Puget Sound

Community College (Chair of the Higher Education WG) 8. If needed, other WGs will be formed at the request of the SC, and Chairs will be appointed

accordingly.

Invoicing The City of Lakewood will act as the fiduciary agent for the SSMCP and will be responsible for invoicing the members pursuant to this agreement. After signature, members will be invoiced for annual membership fees. Invoicing will begin in October of the preceding year. Membership fee payment that is not received by February 1will be considered late and will suspend the member’s meeting attendance and voting privileges. A member’s good standing will be reinstated upon receipt of the full membership fee. Annual fees shall be prorated on a monthly basis during the first year for members who join after January 1 of that year; such members will pay full fees in subsequent years.

INTERLOCAL COOPERATIVE AGREEMENT FOR THURSTON COUNTY EMERGENCY MANAGEMENT COUNCIL

THIS AGREEMENT is made and entered into in duplicate by and between Thurston County, Washington, a municipal corporation of the State of Washington, and those cities, towns and tribes located within or bordering Thurston County which are a signatory hereto, hereinafter "parties".

WITNESSETH:

WHEREAS, the Interlocal Cooperation Act, Chapter 39.34 RCW, authorizes cooperative undertakings by public agencies as defined in the Act;

WHEREAS, it is in the best interest of the residents of Thurston County that all of the political subdivisions in the county cooperate and coordinate with each other in developing emergency management plans and programs; and

WHEREAS, a unified approach to providing emergency management is cost efficient and can prevent the duplication of effort.

NOW, THEREFORE, in consideration of the mutual covenants, promises and conditions contained herein the parties agree as follows:

I. PURPOSE

It is the purpose of this Agreement that each participating member meet regularly and mutually advise each other regarding the effective and economical preparation for, coordination of and carrying out of emergency management functions, other than functions for which the military forces are primarily responsible; and to meet regularly and mutually advise each other regarding the mitigation of, preparation for, response to, and recovery from emergencies and disasters; and to mutually advise each other regarding aid to victims suffering from injury or damage resulting from emergencies or disasters caused by all hazards, whether natural, technological or human caused, and to mutually advise each other regarding the provision of support for search and rescue operations for persons and property in distress.

II. ORGANIZATION

A. There is hereby created a coordinating organization for purposes of mutual advice and discussion regarding emergency management, to be composed of the county, cities, towns and tribes, to be known as the Thurston County Emergency Management Council, hereinafter "EMC."

Interlocal Cooperative Agreement for Thurston County Emergency Management Council - March 2013 Page 1 of8

B. The EMC shall commence its existence upon the approval of this Agreement by a minimum of six (6) parties, through their respective governing bodies by ordinance or resolution; and following recordation of this Agreement with the Thurston County Auditor. Thereafter, any incorporated city or town within the county or any federallyrecognized tribe that shares a border with Thurston County may become a participating member of the joint organization. New membership will require an addendum to the original Agreement, pursuant to Section X, herein. This Agreement will supercede any other previous Interlocal Cooperative Agreement for the Emergency Management Council within Thurston County.

III. EMERGENCY MANAGEMENT COUNCIL

A. Membership. The EMC shall consist of the designated agent of each signatory party.

The election of officers, terms of office, subcommittee appointments, and other operational issues are addressed in the EMC Bylaws.

B. Duties and Responsibilities.

1. Consult on emergency management and mutual aid plans and make recommendations to the designated agents of the parties to this Agreement, for further discussion with their respective legislative bodies.

2. Make recommendations for the implementation of county-wide emergency management activities, make recommendations as to the scope of work necessary to implement such activities, make recommendations for an operating budget to support such activities, and make decisions regarding the distribution of costs should the EMC incur costs. Recommendations may need review and approval by the governing bodies that are signatories to this Agreement.

3. Establish broad policy guidelines and program priorities for the EMC.

IV. FINANCES

A. There is hereby created and established a special pooled fund, designated the "Emergency Management Council Fund." It is agreed by the parties hereto that said fund will be maintained and administered by Thurston County. All monies received by EMC, including financial contributions by the parties to this Agreement, shall be deposited in said fund.

Revenue to support the annual budget shall be derived from the following sources:

1. Federal or state funds.


2. Grants (other than federal or state), contributions, and donations by other agencies, groups, or individuals not signatory to this Agreement.

3. Parties to this Agreement shall be responsible for that portion of the annual budget not funded by sources 1 and 2 above. A formula for each party's contribution will be determined by the executive heads of each political subdivision that is a signatory to this Agreement, if such funding becomes necessary. This formula will be based on a recommendation from the EMC. The formula will be per capita, based on population. A funding formula established pursuant to this subsection will be considered an amendment to this Agreement, to be executed pursuant to the requirements of Section X, herein.

4. Special programs/projects shall be funded by a formula to be agreed to by the parties.

V. PROPERTY & EQUIPMENT

A. The ownership of all property, equipment and monies owned by signatory parties prior to the execution of this Agreement shall remain the property of said parties notwithstanding its use by the EMC subsequent to the execution of this Agreement.

B. The ownership of property or equipment loaned or contributed for use by the EMC by any party hereto shall remain with the lending or contributing party.

C. In the event that any party withdraws from this Agreement prior to its termination as provided herein, any property or equipment loaned or contributed by such party shall be returned to such party within 90 days following the date of the party's withdrawal.

D. Upon termination of this Agreement, should any property be purchased by the EMC, the EMC shall liquidate the property and the proceeds shall be shared by the parties to this Agreement in proportion to the financial contribution of each party in the year of acquisition of such property, equipment or monies.

E. The terms of this section shall survive termination of this Agreement.

VI. SERVICES TO BE PROVIDED TO PARTICIPATING SUBDIVISIONS

A. General. The EMC may provide assistance to individual participating parties to assist them in effecting their emergency management plans and programs. Provision of such assistance under this Agreement does not establish an enforceable mutual aid agreement between the parties. The provision of assistance may include, but is not limited to, the following: ·


1. Coordination of organizational activities in order to minimize death, injury and damages for periods before, during and after a natural or human-caused emergency/ disaster.

2. The implementation of local emergency management plans adopted by the signatory parties, the federal government, State of Washington, neighboring counties, military organizations and other support agencies.

3. Effective utilization of resources within or from outside these jurisdictions to minimize the effects of an emergency/disaster and to facilitate the request of assistance through established emergency management channels, county to state, to region, to national.

4. Volunteer management.

5. Training for volunteer service providers.

6. Dissemination of disaster information, guidance and disaster education to the general public.

7. Superfund Amendments and Reauthorization Act (SARA) Title III activities.

VII. DURATION

This Agreement shall commence March 2013 and shall terminate December 31, 2017. A five (5) year extension of this agreement may be executed upon the concurrence of the signatory agencies to this agreement.

VIII. WITHDRAW AL

Any party to this Agreement may withdraw from this Agreement effective December 31 of any year during the term hereof, provided such notice to withdraw is provided in writing 90 days prior to December 31. The withdrawal of any party shall not require dissolution of this Agreement antl no compensation shall be owed to any withdrawing party.

IX. TERMINATION

This Agreement may be terminated effective December 31 of any year during the term of this Agreement in the event a majority of the signatory parties exercise their right to withdraw from this Agreement as set forth in Section VIII.


X. AMENDMENTS

This Agreement may be amended upon the mutual agreement of all parties hereto. Amendments must be in writing, be approved by the governing bodies of each jurisdiction, and be recorded with the Thurston County Auditor. A written addendum will be required in the event that an incorporated city or town or a federally-recognized tribe wishes to become a participating member, to be executed in accordance with the requirements of Section II.B, herein.

XI. INDEMNITY

Each party shall be responsible for its own wrongful and negligent acts or omissions, or those of its officer, agents, or employees, and shall indemnify, defend, and hold the other parties harmless from any such liability. In the case of negligence of more than one party, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party and each party shall have the right to seek contribution from each of the other parties in proportion to the percentage of negligence attributable to each of the other parties.

XII. POLITICAL ACTIVITY PROHIBITED

None of the funds, materials, property or services provided directly or indirectly under this Agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office.

XIII. NOTICE

Notice provided for in this Agreement shall be sent by certified mail to the addresses designated herein for the parties.

XIV. JURISDICTION AND VENUE

A. This Agreement has been and shall be construed as having been made and delivered with the State of Washington, and it is agreed by each party hereto that this Agreement shall be governed by laws of the State of Washington, both as to interpretation and performance.

B. Any action of law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provisions thereof, shall be instituted and maintained only in any of the courts of competent jurisdiction in Thurston County, Washington.

XV. SEVERABILITY

A. It is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is held by the courts to be illegal, the validity of the remaining


provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid.

B. If it should appear that any provision hereof is in conflict with any statute of the State of Washington, said provision which may conflict therewith shall be deemed modified to confonn to such statutory provision.

XVI. ENTIRE AGREEMENT

The parties agree that this Agreement is the complete expression of the tenns hereto and any oral representations or understandings not incorporated herein are excluded.

DATED:~~ dofJ

BOARD OF COUNTY COMMISSIONERS Thurston County, Washington

ATrEST: ~ ~ ~Tl~~~-~

'L-Ylc 4 Approved as to fonn: Jon Tunheim

Atta~~ . .---.

Commissioner

City of Olympia

DATED: ________ _ Mayor

City Clerk

lnterlocal Cooperative Agreement for Thurston County Emergency Management Council - Mardi 2U 1.3

provisions shall not be affected, and the rights and obligations of the parties shall he construed and enforced as if the Agreement did not contain the particular provision held lo be invalid.

B. If it should appear that any provision hereof is in conflict with any statute of the State of Washington. said provision which may conflict therewith shall be deemed modified to confC>nn to such statutory provision.

XVI. ENTIRE AGREEMENT

The parties agree that this Agreement is the complete expression of the tenns hereto and any oral representations or understandings not incorporated herein are excluded.

ATTEST:

Clerk of the Board

Approved as to fonn: Jon Tunheim Prosecuting Attorney

By: _________ _

Deputy Prosecuting Attorney

DATED: ·/ /:-

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BOARD OF COUNTY COMMISSIONERS Thurston County. Washington

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City of Lacey

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lnterlocal Cooperative Agreement for Thurston County Emergency Management Council - March 2013 Page 7 of!l

DATED: 11/!s--jr7

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Page 1 of 2

COMMUNITY RELATIONS & PUBLIC AFFAIRS COMMITTEE DECEMBER 4, 2017 11:00 – 11:43 A.M.

COUNCIL PRESENT: CHAIR VIRGIL CLARKSON, MICHAEL STEADMAN COUNCIL EXCUSED: LENNY GREENSTEIN STAFF PRESENT: TROY WOO, CANDICE BOCK, JENNY BAUERSFELD, STEVE KIRKMAN,

DONNA FELICIANO, CAROL LITTEN ACTION: APPROVE COMMUNITY RELATIONS & PUBLIC AFFAIRS COMMITTEE

AGENDA. MOTION: MOTION MADE, SECONDED, AND CARRIED BY COUNCILMEMBERS

STEADMAN AND CLARKSON PREVIEW OF 2018 COMMUNICATION PLAN

STAFF: CANDICE BOCK, ADMINISTRATIVE SERVICES DIRECTOR DONNA FELICIANO, COMMUNICATION SPECIALIST - PA

ACTION: INFORMATION ONLY The Public Affairs Department is in the process of developing a more comprehensive communications plan for 2018. In an effort to leverage available resources to best support the communication needs of all departments, staff will meet with department representatives. Discussion will include an assessment of 2018 plans for each department and how public affairs can best support those efforts.

In January the city will be relaunching both City Highlights and Lacey Life publications. City Highlights’ will be a weekly newsletter with a target audience of the Council and staff, but will also be posted to the city website and may be used as content in social media. Lacey Life will be a monthly newsletter for city residents.

Several options are being considered to increase public visibility and tell the city’s story:

− Discussing opportunities to stage Council on the Road meetings in more convenient locations to increase public participation.

− Live streaming Council meetings and community events. − Using videos and social media to spotlight different aspects of city operations, i.e.

public works roads, water and parks. − Creating informational video clips, i.e. how to clean a storm pond.

Page 2 of 2

− Using digital media production specialist to create short vignettes of city places, people and activities.

− Developing a YouTube channel as a repository for live streaming. − Increasing followings on Facebook, twitter and Instagram. − Repurpose information into social media. − Spotlight employees and jobs performed. − Keep recordings fresh with changes in technology.

BOY SCOUTS CHRISTMAS TREE ROUNDUP

STAFF: JENNY BAUERSFELD, COMMUNITY RELATIONS SPECIALIST ACTION: INFORMATION ONLY

Boy Scout Troops 222 and 101 will participate again this year in the annual Christmas tree pickup on January 6, 2018. This event is a fundraiser and community service project for the scouts.

The City is partnering with Lemay and Asplundh again this year. LeMay is donating 4 large disposal containers for chips and trees – drop off and delivery to the Waste and Recovery Center. Asplundh is donating chippers and personnel to assist on January 6. The Waste and Recovery center has agreed to allow free disposal of trees and chips. Troops will be organized to cover tree pick-up for all areas inside Lacey City limits. Trees from the NE area of Lacey will be taken directly to the Thurston County Waste and Recovery Center. The remainder of trees will be collected at Rainier Vista Park. Donations can be made to the troops via mail or using the city’s online website. There is ongoing discussion about recognizing the troops, families, and partner agencies after the event with a gathering at the future museum building.