City Council

LAKEWOOD CITY COUNCIL STUDY SESSION AGENDA Monday, May 8, 2017 7:00 P.M. City of Lakewood City Council Chambers 6000 Main Street SW Lakewood, WA 98499 ________________________________________________________________ Page No. CALL TO ORDER ITEMS FOR DISCUSSION: ( 3) 1. Review of Six Year (2018-2023) Transportation Improvement Program. – (Memorandum) (36) 2. Review of public art proposals at Gravelly Lake Drive and Washington Boulevard. – (Memorandum) (70) 3. Review of pedestrian interference ordinance. - (Memorandum) REPORTS BY THE CITY MANAGER ITEMS TENTATIVELY SCHEDULED FOR THE MAY 15, 2017 REGULAR CITY COUNCIL MEETING: 1. Business showcase – J&J Autobody – Ms. Connie Pena, Office Manager 2. Appointing members to serve on the Lakewood’s Promise Advisory Board. – (Motion –Consent Agenda) 3. Appointing a member to serve on the Lakewood Arts Commission. – (Motion – Consent Agenda) 4. Appointing a member to serve on the Community Services Advisory Board. – (Motion – Consent Agenda) 5. Awarding a bid for frontage improvements at Union Avenue. – (Motion – Consent Agenda) 6. Awarding a bid for 2017 stormwater pipe repairs. – (Motion – Consent Agenda) The Council Chambers is accessible to persons with disabilities. Equipment is available for the hearing impaired. Persons requesting special accommodations or language interpreters should contact the City Clerk’s Office, 589-2489, as soon as possible in advance of the Council meeting so that an attempt to provide the special accommodations can be made. http://www.cityoflakewood.us City Hall will be closed 15 minutes after adjournment of the meeting. Lakewood City Council Agenda -2- May 8, 2017 Page No. 7. This is the date set for a public hearing on the Six Year (2018-2023) Transportation Improvement Program. – (Public Hearing and Appeals – Regular Agenda) 8. Adopting amendments to the Lakewood Municipal Code relative to pedestrian interference. – (Ordinance – Regular Agenda) 9. Approving the Fiscal Year 2017 Consolidated Annual Action Plan and Fiscal Year 2013, 2014 and 2015 Consolidated Annual Action Plan amendments for Community Development Block Grant and HOME Investment Partnership Act Grants funding allocations. – (Resolution – Regular Agenda) 10. Authorizing the execution of an agreement for public art at Gravelly Lake Drive and Washington Boulevard. – (Motion – Regular Agenda) COUNCIL COMMENTS ADJOURNMENT The Council Chambers is accessible to persons with disabilities. Equipment is available for the hearing impaired. Persons requesting special accommodations or language interpreters should contact the City Clerk’s Office, 589-2489, as soon as possible in advance of the Council meeting so that an attempt to provide the special accommodations can be made. http://www.cityoflakewood.us City Hall will be closed 15 minutes after adjournment of the meeting. To: Mayor and City Councilmembers From: John Cunningham, Interim Public Works Director Through: John J. Caulfield, City Manager Date: May 2, 2017 Subject: 6-Year Transportation Improvement Program(TIP) (2018-2023) Over the past month, the Public Works Department with assistance from the Planning Commission has developed the attached final draft of the 6-Year Transportation Improvement Program (TIP) (2018- 2023), (attachment A). The Planning Commission review process included review of traffic accident data for the past one, three and five years and the historical pavement management data. At the April 19, 2017 Planning Commission meeting, the final edits were made, and the Planning Commission recommends the attached final draft TIP for the City Council’s review, public hearing, and approval. The following is the proposed review and adoption schedule for the 2018 – 2023 6-Year TIP: Date Topic May 1, 2017 Final draft 6-Year TIP distributed to stakeholders and posted on City of Lakewood website May 8, 2017 Present final draft of 6-Year TIP at Study Session May 15, 2017 Public Hearing on final draft of 6-Year TIP (Council Mtg.) June 5, 2017 Adoption of 6-Year TIP As can be seen in the attached Final Draft 6-Year TIP (2018-2023), the City of Lakewood is constructing a large number of projects in 2018. In addition many past projects in the previous TIP have come to fruition and are now removed. Attachment B shows the projects removed from the recently amended (2017-2022) TIP. Please also note that the 6-Year TIP can be modified any time up to and prior to its final adoption which is tentatively scheduled for June 20, 2016. Further note that we have provided two weeks between the Public Hearing and adoption date so comments received from the Public Hearing can be incorporated into the final 2018-2023 6-Year TIP adopted by Council. Attachments: A- Final Draft 6-Year TIP (2018-2023) B- Projects Removed from Amended 6-Year TIP (2017-2022) 003 004 005 006 007 008 009 010 011 012 013 014 015 016 017 018 019 020 021 022 023 024 025 026 027 028 029 030 031 032 033 034 035 To: Mayor and City Councilmembers From: Dennis Higashiyama, Arts Commission staff liaison Through: John J. Caulfield, City Manager Date: May 2, 2017 Subject: Public Art Proposal – Gravelly Lake Dr. SW & Washington Blvd. SW Attachments: Public Art Proposals: Lotus Blossom – Karsten Boysen; Cultivate – Craig Breitbach; The Prairie – Brandon Ziebold; Various Themes, Chuck Fitzgerald Art proposals for the site at Gravelly Lake Drive SW and Washington Blvd. SW were reviewed and scored on March 13th by a selection panel. The panel consisted of two Arts Commission members (Kat Flores & Robert Fox), Kate Read (Lakewold Board President), Greg Rediske (Lakewood Water District Board member), Nida Caswell (resident at Washington Blvd. SW and Interlaaken Drive SW) and Councilmember Jason Whalen. Scoring was based on the following criteria: Artist relevant experience – 5 pts Interpretation of the theme – 10 pts Esthetics: When viewed from all directions – 5pts Safety – 5pts Appropriateness for the location and setting – 5pts Viewing at 35mph – 5pts Durability: Materials – 5pts Exposure to weather – 5pts Maintenance requirements: Cleaning – 5pts Misc – 5 pts Installation requirements: 036  Ability to reinstall – 5pts Lighting enhancement? – 5pts Creative approach to implementing the project with the project budget – 10 pts The first request for proposals resulted in only two submissions and the rfp was advertised a second time with over a dozen submissions received. The selection panel reviewed all the proposals and have submitted their top four selection as their recommendation to Council. The four proposals are: Lotus Blossom – Karsten Boysen Cultivate – Craig Breitbach The Prairie – Brandon Ziebold Various Themes – Chuck Fitzgerald 037 038 039 040 041 042 043 044 045 046 047 048 049 050 051 052 053 054 055 056 057 058 059 060 061 062 063 064 065 066 067 068 069 To: Mayor and City Councilmembers From: Matthew S. Kaser, Asst. City Attorney Through: John J. Caulfield, City Manager Date: May 8, 2017 Subject: Pedestrian Interference Ordinance Following the consideration (and rejection) of Ordinance 660 relative to revising the City’s Aggressive Begging Code, codified at chapter 9A.04 LMC, the City’s Legal Department met with the American Civil Liberties Union (ACLU) to address the First Amendment issues which they believed were presented in the former Ordinance. The attached proposed Ordinance addresses some, but not all, of their concerns. In broad strokes, this Ordinance does two things. First, it creates an offense of Pedestrian Interference. Second, it amends current LMC 9A.04.020 (Begging in Restrictive Areas) by deleting the two specific code sections which the Washington Supreme Court invalidated in City of Lakewood v. Robert Willis. The impacts of each are discussed below. 1. Creation of Pedestrian Interference Language. In response to the concerns raised by both the ACLU and the City Council, new language relative to Pedestrian Interference is located within the City’s Traffic Code and is proposed to be codified at Section 10.16.050 LMC. Although there is already Code language there, a rewrite is appropriate for several reasons. First, the current code lacks a specific intent action (intentionally vs. accidently). Second, it lacks an objective measurement by which to determine whether someone has violated this section. This language substantially tracks the language that was present in Ordinance 660, but has been edited in a way that addresses the primary First Amendment concerns 070 expressed by the ACLU, while also balancing the public safety needs identified by the City. The ACLU has suggested (although it is not reflected in the text of the Ordinance) that Lakewood consider limiting the use of this proposed Code to certain intersections. The Code language invalidated by Willis limits application to “intersections of the principal arterials,” as defined by LMC 12A.09.022. Statistics pulled from the Lakewood Police Department identified the following traffic accident rates from 2011 to 2016: Grand Traffic Accidents 2011 2012 2013 2014 2015 2016 Total Pedalcycle Driver 11 20 10 14 25 13 93 5435 Injury 10 14 4 6 14 12 60 5436 Non-Injury 1 3 2 4 9 1 20 5437 H&R Injury 2 4 3 1 10 5438 H&R Non-injury 1 1 1 3 Pedalcycle 1 1 2 Passenger 5435 1 1 5436 1 1 Pedestrian 21 23 33 25 30 39 171 5435 Injury 17 18 26 20 20 21 122 5436 Non-injury 1 1 3 2 3 3 13 5437 H&R Injury 3 3 4 3 7 11 31 5438 H&R Non-injury 1 4 5 Pedestrian Fatality 1 1 1 1 4 5430 Fatality 1 1 1 3 5439 H&R Fatality 1 1 Grand Total 34 43 43 40 56 54 270 When further narrowed, the following intersections involving pedestrian (or bicycle)/vehicle conflicts as follows: 2011 Bridgeport Wy Sw/112Th St Sw 92ND St S/S Tacoma Wy 2012 59TH Av Sw/Bridgeport Wy Sw 5605 Lakewood Towne Center Bl Sw Bridgeport Wy Sw/I5 Hw N 4500 Steilacoom Bl Sw Lakeview Av Sw 108TH St Sw 071  8327 S Tacoma Wy 2013 108TH St Sw Bridgeport Wy Sw 2014 96TH St Sw S Tacoma Wy 2015 8300 Blk Stielacoom Blvd Sw Steilacoom Bl Sw Gravelly Lake D 2016 10223 Gravelly Lake Dr Sw x3 Pacific Hwy Sw/Bridgeport Wy Sw Direction is sought from Council as to whether further limiting language is appropriate. 2. Willis-Based Amendments. In Willis, the Washington Supreme Court invalidated two specific locations within LMC 9A.04.020: (a) the on-ramp language; and (2) the intersections. The draft Ordinance deletes these two areas. An argument could be made that, in the wake of Willis, the entirety of chapter 9A.04 LMC could be invalidated as violating the First Amendment. Statistics of criminal charges for either Aggressive Begging (LMC 9A.04.010) or Begging in a Restrictive Area (LMC 9A.04.020) for which narrative reports could be obtained from 2011 1 to the present reflect that all but three of the 55 reports (regardless of how the incident was originally charged) involved interstate ramps. A synopsis of that review is as follows: • A combined 73 cases were filed initially asserting a violation of either code provision. • In the majority of the 55 narrative reports available2, a freeway ramp was the locale giving rise to the criminal charge. • In descending order of frequency, of these 55 reports, the site of the incident were identified as the following: o Berkley Avenue Ramp/Overpass: 26 o Bridgeport Way Ramp: 7 o Gravelly Lake Dr. Ramp 5 o Thorne Lane Ramp 4 o SR 512 Ramp 3 o Bridgeport Way SW 3 o Lakewood Towne Center 3 o Bridgeport/Pac. Hwy 1 o Gravelly Lake Dr. 1 o 100th St. SW 1 1 The current restrictive areas code was adopted in April 2011 via Ordinance 532. 2 18 files were archived and narratives were unavailable. 072  o 108th St. SW 1 • Based on a review of the available narratives, as to those incidents which did not occur at a ramp and which qualify as “aggressive,” the following conduct formed the basis of the charges: o Drunk 1 o Harassing inside business 1 o Harassing with repeated asks 1 Against this backdrop, Council has several options relative to Section 2 available to it: • Adopt as-is. This incurs the risk of a court challenge, likely under 42 USC 1983, invalidating the balance of chapter 9A.04 LMC. • Repeal 9A.04 LMC. Based on the incident reports available, the primary area forming criminal charges for chapter 9A.04 LMC offenses pertains to off-ramps. Section 1 of this Ordinance likely addresses these concerns. • Adopt as-is but defer consideration on whether to repeal LMC 9A.04 later. As shared in the prior discussions on Ordinance 660, other criminal charges (Criminal Trespass, Disorderly Conduct, Reckless Endangerment, Stalking) may be available to address the ills which the balance of chapter 9A.04 LMC seeks to curb. 073  ORDINANCE NO. XXX AN ORDINANCE of the City Council of the City of Lakewood, Washington, amending Section 9A.04.020A of the Lakewood Municipal Code; amending Section 10.14.050 related to Pedestrian Interference. WHEREAS, in July 2016, the Washington Supreme Court in City of Lakewood v. Willis, 186 Wn.2d 210, 375 P.3d 1056 (2016) invalidated two provisions of chapter 9A.04 of the City of Lakewood Municipal Code relative to Aggressive Begging as violating the First Amendment of the United States Constitution; and WHEREAS the purpose of streets, highways, and roads is to move people and goods both safely and efficiently, and streets, highways, and roads are not designed for the purpose of soliciting funds. Direct personal solicitation from drivers distracts them from their primary duty to watch the traffic and potential hazards in the road, observe all traffic control signals or warnings, and prepare to move through the intersection; and WHEREAS laws which are narrowly tailored to serve the significant governmental interest in traffic flow and roadway safety have been upheld, including a ruling from the Fifth Circuit of the United States Court of Appeals, which upheld an ordinance that prohibited individuals from soliciting the occupants of vehicles while the individual was in the street or roadway, street or roadway shoulder, or neutral ground of any street or roadway in International Society for Krishna Consciousness of New Orleans, Inc. v. City of Baton Rouge, 876 F.2d 494 (5th Cir. 1989); and WHEREAS legislation which prohibits pedestrians from entering traffic to approach traffic has been held to “serve[] a compelling interest at the heart of the government's function: public safety" in Houston Chronicle Publishing Co. v. City of League City, Texas, 488 F.3d 613 (5th Cir. 2007); and WHEREAS in the City of Lakewood, police documented thirty-four recorded accidents involving pedestrians in 2011. One pedestrian was killed in these accidents. Twenty-seven people were injured in these accidents; and WHEREAS in the City of Lakewood, police documented forty-three recorded accidents involving pedestrians in 2012. Thirty two-people were injured in these accidents; and WHEREAS in the City of Lakewood, police documented forty-three recorded accidents involving pedestrians in 2013. Thirty people were injured in these accidents; and WHEREAS in the City of Lakewood, police documented forty recorded accidents involving pedestrians in 2014, one of which was a fatality. Twenty-six people were injured in these accidents; and 074  WHEREAS in the City of Lakewood, police documented fifty-six recorded accidents involving pedestrians in 2015, one of which was a fatality. Thirty-four people were injured in these accidents; and WHEREAS in the City of Lakewood, police documented fifty-six recorded accidents involving pedestrians through mid-December 2016, one of which was a fatality. Thirty-three people were injured in these accidents; and WHEREAS the Lakewood Police Department received no less than 193 calls for service (CFS) for panhandling in 2011, 130 in 2012, 145 in 2013, 163 in 2014, 176 in 2015 and 83 CFS in 2016; and WHEREAS, a safety hazard has been identified with pedestrians attempting to interact with the drivers and passengers of vehicles at busy intersections within the City of Lakewood, including pedestrians leaving the edge of the curb and actively entering the roadway; and WHEREAS, the practice of pedestrians interacting with the drivers and passengers of vehicles while the pedestrian is in the roadway has been identified as being unsafe for both the pedestrians and for traffic in general; and WHEREAS, the practice of pedestrians interacting with the drivers and passengers of vehicles while the pedestrian is in the roadway constitutes an impediment to the normal and safe flow of traffic in the City of Lakewood; and WHEREAS, the City may impose reasonable time, place and manner restrictions in a traditional public forum that serve the City's significant public safety interests; and WHEREAS, the City finds that limiting the interaction between pedestrians and occupants of vehicles at intersections controlled by traffic signal lights promotes the safety of not only pedestrians but also vehicular traffic and, leaves open ample alternative channels of communication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEWOOD, WASHINGTON, DO ORDAIN as follows: Section 1: Section 10.16.050 LMC entitled “Pedestrian Obstruction of Traffic” is renamed “Pedestrian Obstruction in Roadways,” and amended to read as follows: It shall be unlawful for any pedestrian to walk or be on a public roadway in a manner which unnecessarily or unreasonably interferes with, delays, obstructs or halts the travel of vehicles over and/or across the public roadway. Violation of this section shall constitute a misdemeanor punishable by a fine not to exceed $1,000.00, in addition to other costs and assessments provided by law. A. As used in this section: 075  (1) “Curb” means the lateral lines of a roadway, whether constructed above grade or not, which are not intended for vehicular travel. (2) “Roadway” means that portion of the public street including the vertical airspace above such portion of the public street, which is improved, designed or ordinarily used for vehicular travel, exclusive of the curb, berm or shoulder. B. No person shall intentionally interrupt, or obstruct the movement of vehicle or bicycle travel by walking on, standing on or going into any roadway used for vehicle or bicycle travel and contacting any vehicle, bicycle or occupant therein or halting the travel of such vehicle, bicycle or occupant therein. C. Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor. Section 2: Section 9A.04.020A LMC entitled “Restrictive Areas,” is amended to read as follows: Begging shall be deemed a violation of this section of the municipal code under the following conditions: (1) at on and off ramps leading to and from state intersections from any City roadway or overpass; (2) at intersections of major/principal arterials (or islands on the principal arterials) in the City; (31) within twenty five (25) feet of an ATM machine, or financial institution; (42) within fifteen (15) feet of any (a) occupied handicapped parking space, (b) taxicab stand, or (c) bus stop, train station or in any public parking lot or structure or walkway dedicated to such parking lot or structure; (53) before sunrise or after sunset at any public transportation facility or on any public transportation vehicle or (64) while a person is under the influence of alcohol or controlled substances. Section 3: Severability. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other section, sentence, clause, or phrase of this ordinance. Section 4: Effective Date. This ordinance shall become effective thirty (30) days after its publication or publication of a summary of its intent and contents. ADOPTED by the City Council this 8th day of May, 2017. CITY OF LAKEWOOD _________________________ Don Anderson, Mayor 076 Attest: _______________________________ Alice M. Bush, MMC, City Clerk Approved as to Form: _______________________________ Heidi A. Wachter City Attorney 077