City Council

LAKEWOOD CITY COUNCIL AGENDA Monday, May 15, 2017 7:00 P.M. City of Lakewood City Council Chambers 6000 Main Street SW Lakewood, WA 98499 Page No. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE PROCLAMATIONS AND PRESENTATIONS 1. Business showcase. – J&J Autobody - Ms. Connie Pena, Office Manager PUBLIC COMMENTS C O N S E N T A G E N D A ( 4) A. Approval of the minutes of the City Council meeting of May 1, 2017. (10) B. Approval of the minutes of the City Council Study Session of May 8, 2017. (15) C. Motion No. 2017-24 Awarding a bid to Northwest Cascade, Inc., in the amount of $132,683, for frontage improvements on Union Avenue. 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 15, 2017 Page No. (18) D. Items Filed in the Office of the City Clerk: 1. Lakewood’s Promise Advisory Board meeting minutes of April 6, 2017. 2. Landmarks & Heritage Advisory Board meeting minutes of March 23, 2017. 3. Planning Commission meeting minutes of April 19, 2017. R E G U L A R A G E N D A PUBLIC HEARINGS AND APPEALS (26) This is the date set for a public hearing on the Six Year (2018-2023) Transportation Improvement Program. ORDINANCE (58) Ordinance No. 669 Amending Sections 9A.04.020A and 10.14.050 of the Lakewood Municipal Code relative to pedestrian interference. - City Attorney UNFINISHED BUSINESS NEW BUSINESS (66) Motion No. 2017-25 Authorizing the City Manager to enter into an agreement with Karsten Boysen, in the amount of $80,000, for the construction of public art at Gravelly Lake Drive and Washington Boulevard. – Parks, Recreation and Community Services Director 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 -3- May 15, 2017 Page No. REPORTS BY THE CITY MANAGER (72) Legislative Update CITY 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.  LAKEWOOD CITY COUNCIL MINUTES Monday, May 1, 2017 City of Lakewood City Council Chambers 6000 Main Street SW Lakewood, WA 98499 ________________________________________________________________ CALL TO ORDER Deputy Mayor Whalen called the meeting to order at 7:02 p.m. ROLL CALL Councilmembers Present: 6 – Deputy Mayor Jason Whalen; Councilmembers Mary Moss, Mike Brandstetter, John Simpson, Marie Barth and Paul Bocchi. Councilmembers Excused: 1- Mayor Anderson PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Deputy Mayor Whalen. PROCLAMATIONS AND PRESENTATIONS Proclamation recognizing Sergeant First Class Dan Figuracion. DEPUTY MAYOR WHALEN PRESENTED A PROCLAMATION RECOGNIZING SERGEANT FIRST CLASS DAN FIGURACION TO HIS FAMILY. Proclamation declaring the month of May 2017 as Hunger Awareness Month. YOUTH COUNCIL DANTE OST PRESENTED A PROCLAMATION DECLARING THE MONTH OF MAY 2017 AS HUNGER AWARENESS MONTH TO MS. HELEN MCGOVERN-PILANT, CEO, EMERGENCY FOOD NETWORK. Proclamation declaring May 7-13, 2017 as National Travel and Tourism Week. YOUTH COUNCIL LINDON COULTER-PETERSON PRESENTED A PROCLAMATION DECLARING MAY 7-13, 2017 AS NATIONAL TRAVEL AND TOURISM WEEK TO MR. BENNISH BROWN, PRESIDENT & CEO, TRAVEL TACOMA & PIERCE COUNTY AND MR. DEAN BURKE, EXECUTIVE DIRECTOR, TACOMA SOUTH SOUND SPORTS COMMISSION. 004 Lakewood City Council Minutes -2- May 1, 2017 Proclamation declaring May 1 – 5, 2017 as Certificated Employee Appreciation Week. YOUTH COUNCIL THERESE PACIO PRESENTED A PROCLAMATION DECLARING MAY 1-5, 2017 AS CERTIFICATED EMPLOYEE APPRECIATION WEEK TO MR. JIM SCHELL, PRESIDENT, CLOVER PARK EDUCATION ASSOCIATION. Proclamation declaring May 21-27, 2017 as National Public Works Week. YOUTH COUNCIL ALBERT JAMES PRESENTED A PROCLAMATION DECLARING MAY 21-27, 2017 AS NATIONAL PUBLIC WORKS WEEK TO MR. WESTON OTT, TRANSPORTATION DIVISION MANAGER. Proclamation declaring May 15-21, 2017 as National Police Week. DEPUTY MAYOR WHALEN PRESENTED A PROCLAMATION DECLARING MAY 15-21, 2017 AS NATIONAL POLICE WEEK TO POLICE CHIEF MIKE ZARO. Pierce County Prosecuting Attorney’s Office update. Mr. Mark Lindquist, Pierce County Prosecuting Attorney, provided an update on the elderly abuse unit program at the Pierce County Prosecuting Attorney’s Office. He also spoke about the high priority offender program. Discussion ensued on the efforts being made on domestic violence and human sex trafficking prosecution and burglaries. Further discussion ensued on crime statistics and trends in Pierce County. Youth Council Report. The Youth Council reported on Parks Appreciation Day, Relay for Life, National College Decision Day, and school activities at Bellarmine Prep, Clover Park High School, Covenant High School, Harrison Prep and Lakes High School. Clover Park School District Board Report. Clover Park School District (CPSD) Board Director Wagemann commented on the Certificated Employee Appreciation Week, Public Works Week and Police Week Proclamations. He announced that the School District will be holding public budget hearings. He then commented on a District meeting that was held for 75 new teachers. 005 Lakewood City Council Minutes -3- May 1, 2017 PUBLIC COMMENTS Speaking before the Council was: Dennis Haugen, Lakewood resident, spoke about attention deficit order and conflict of interest. C O N S E N T A G E N D A A. Approval of the minutes of the City Council meeting of April 17, 2017. B. Approval of the minutes of the City Council study session of April 24, 2017. C. Approval of payroll checks, in the amount of $2,309,355.20, for the period March 16, 2017 through April 15, 2017. D. Approval of claims vouchers, in the amount of $2,714,794.02, for the period March 16, 2017 through April 17, 2017. E. Motion No. 2017-21 Authorizing the execution of an agreement with J.A. Cunningham, in an amount not to exceed $92,400, for interim Public Works Director services from May 2, 2017 through October 31, 2017. F. Items Filed in the Office of the City Clerk: 1. Planning Commission meeting minutes of April 5, 2017. 2. Parks and Recreation Advisory Board meeting minutes of March 23, 2017. 3. Community Services Advisory Board meeting minutes of March 8, 2017. COUNCILMEMBER MOSS MOVED TO ADOPT THE CONSENT AGENDA AS PRESENTED. SECONDED BY COUNCILMEMBER BARTH. VOICE VOTE WAS TAKEN AND CARRIED UNANIMOUSLY. 006 Lakewood City Council Minutes -4- May 1, 2017 R E G U L A R A G E N D A ORDINANCE Ordinance No. 668 approving the 2017-2018 Biennial Budget amendments. COUNCILMEMBER SIMPSON MOVED TO ADOPT ORDINANCE NO. 668. SECONDED BY COUNCILMEMBER BRANDSTETTER. VOICE VOTE WAS TAKEN AND CARRIED UNANIMOUSLY. UNFINISHED BUSINESS None. NEW BUSINESS Motion No 2017-22 authorizing the City Manager to execute HOME Investment Act Partnership Act agreements with Tacoma-Pierce County Habitat for Humanity, in the amount of $87,840.48, and the Homeownership Center of Tacoma, in the amount of $250,000, for the acquisition and redevelopment of four single-family dwelling properties for affordable housing. COUNCILMEMBER BARTH MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE HOME INVESTMENT ACT PARTNERSHIP AGREEMENTS WITH TACOMA-PIERCE COUNTY HABITAT FOR HUMANITY, IN THE AMOUNT OF $87,840.48, AND THE HOMEOWNERSHIP CENTER OF TACOMA, IN THE AMOUNT OF $250,000, FOR THE ACQUISITION AND REDEVELOPMENT OF FOUR SINGLE-FAMILY DWELLING PROPERTIES FOR AFFORDABLE HOUSING. SECONDED BY COUNCILMEMBER MOSS. VOICE VOTE WAS TAKEN AND CARRIED UNANIMOUSLY. Motion No. 2017-23 authorizing the execution of an employment agreement with John J. Caulfield as City Manager effective January 1, 2017. COUNCILMEMBER SIMPSON MOVED TO AUTHORIZE THE EXECUTION OF AN EMPLOYMENT AGREEMENT WITH JOHN J. CAULFIELD AS CITY MANAGER EFFECTIVE JANUARY 1, 2017. SECONDED BY COUNCILMEMBER BARTH. VOICE VOTE WAS TAKEN AND CARRIED UNANIMOUSLY. REPORTS BY THE CITY MANAGER Review of Central Business District Subarea Plan Public Outreach Structure Assistant City Manager for Development Services Bugher reviewed the options for a public outreach structure for review of the Central Business District Subarea Plan. 007 Lakewood City Council Minutes -5- May 1, 2017 He explained that the Planning Commission is interested in taking the lead in this project and City staff is recommending that the Planning Commission be involved. Discussion ensued on the Planning Commission’s role and interest in this project. It was the consensus of the Council that the Planning Commission take the lead in this project. ********** City Manager Caulfield asked for Council approval of a draft letter to the Puget Sound Regional Council (PSRC) growth management policy board that will be meeting on May 4, 2017. It is recommended the PSRC maintain the status go and consider changes to the regional growth centers as part of Vision 2040 or 2050. He explained that the second recommendation regarding manufacturing and industrial centers, is arbitrary and will have a devastating impact in Pierce County and the recommendation is to truly address what is manufacturing and industrial centers. The last item concerns military centers. It is recommended that military installations be recognized as regional centers, and support the Pierce County Regional Council’s (PCRC) recommendation to support military installations as regional centers. Secondly, it is recommended that the draft letter and another letter that addresses 20 questions that was addressed at the Growth Management Coordinating Committee be brought forward to the PCRC at the local level. Discussion ensued on sending the 20 questions letter to the City of University Place Planning Director and three military installations; using the term “economic parity” versus “social justice” in the letter; and what feedback has the City heard following THE NEWS TRIBUNE article about this issue. He then reported that memorial service for Officer Grant is scheduled for May 8, 2017. More information to follow. City Manager Caulfield then reviewed the following calendar of meetings and events: • May 3, 6:00 PM, The Pierce County Law Enforcement Memorial, McGavick Center • May 5, 6:50 AM, Pierce County Prayer Breakfast, Tacoma Dome, special guest speaker Clint Gresham • May 5, 5:30 PM to 9:30 PM, Centerforce 'Just Like You' Dinner & Auction, Centerforce Events Center, Kick-off Fundraising • May 11, 7:30 AM breakfast, 8:00 AM to 10:00 AM program, SSMCP Elected Officials Council, Eagles Pride Golf Course • May 13, 9:00 AM, Studio Fitness 4th Annual Healthy Start 5K, Studio Fitness 008 Lakewood City Council Minutes -6- May 1, 2017 CITY COUNCIL COMMENTS Councilmember Bocchi spoke about the Lakes High School annual student photo exhibits that are on display at St. Clare Hospital. Councilmember Moss commented on the Lakes High School photo exhibits at St. Clare Hospital. She also commented on the Patriot’s Landing open house and SSMCP meeting she attending. She then spoke about the Healthy Day event at nd the YMCA she attended, and a 62 change of command event she attended. Councilmember Brandstetter also commented on the Lakes High School annual photo exhibits at St. Clare Hospital he attended. He then commented on the South Sound 911 Policy Board meeting he attended and their vote on a pre-development contract for a first responder communications campus by 2019 and discussions about integrating fire dispatching services. He then commented on touring several South Sound Outreach housing projects. He also complimented City staff on the retirement celebration for Public Works Director Don Wickstrom. Councilmember Simpson commented on the rededication of three civil war union veterans at Ft. Steilacoom Park cemetery. Deputy Mayor Whalen commented on Public Works Director Don Wickstrom’s retirement. He then spoke about visiting the Police Department following the loss of a Police Officer Grant. He then commented about the Volunteer Appreciation breakfast. He spoke about a business downtown improvement area meeting he attended. He commented on delivering food to fire fighters on Steilacoom Boulevard. He noted that a Tacoma Concert Band (60 member band) expressed an interest in performing at Ft. Steilacoom Park on August 20, 2017. ADJOURNMENT There being no further business, the meeting adjourned at 9:50 p.m. _____________________________________ JASON WHALEN, DEPUTY MAYOR ATTEST: ____________________________ ALICE M. BUSH, MMC CITY CLERK 009  LAKEWOOD CITY COUNCIL STUDY SESSION MINUTES Monday, May 8, 2017 City of Lakewood City Council Chambers 6000 Main Street SW Lakewood, WA 98499 ________________________________________________________________ CALL TO ORDER Mayor Anderson called the meeting to order at 7:04 p.m. ROLL CALL Councilmembers Present: 6 – Mayor Don Anderson; Deputy Mayor Jason Whalen; Councilmembers Mary Moss, Mike Brandstetter, Marie Barth and Paul Bocchi. Councilmember Excused: 1 – Councilmember Simpson (arrived 7:10 p.m.) ITEMS FOR DISCUSSION: Review of Six Year (2018-2023) Transportation Improvement Program. Transportation Division Manager Ott reviewed the Six Year 2018-2023 Transportation Improvement Program. He then reviewed the projects that will be completed in 2017. ********** Councilmember Simpson arrived at 7:10 p.m. ********** Discussion ensued on sidewalks and planting strips that are included in the Comprehensive Plan and why planting strips are not included in the Six Year Transportation Improvement Program; when is the Gravelly Lake Drive Non-Motorized Trail Phase 2 project completion date scheduled so late into 2022; and providing for data and information on types of pedestrian lighting and cost differentials. Review of public art proposals at Gravelly Lake Drive and Washington Boulevard. Recreation Coordinator Higashiyama reviewed the four (4) recommendations of the selection panel for public art at the Gravelly Lake Drive and Washington Boulevard site. He noted that the Lotus Blossom art proposal by Karsten Boysen scored the highest. 010 City Council Study Session Minutes -2- May 8, 2017 Discussion ensued on the site location of the public art and would it be better placed in the center of Lakewood; the art location would serve as a gateway for the veterans hospital and North Gate; and what are the maintenance requirements for the Lotus Blossom art piece. It was the consensus of the Council to proceed with the Lotus Blossom art piece for the Gravelly Lake Drive and Washington Boulevard site. Review of pedestrian interference ordinance. Assistant City Attorney Kaser reviewed the proposed pedestrian interference ordinance. Discussion ensued on the definition of accidental and intentional; how the ordinance doesn’t seem to address a pedestrian holding a sign or creating a dangerous situation who tries to get someone in a vehicle to stop; consider adopting by reference the State of Washington statute of not allowing any pedestrian interference; modify the intent language to show that it is reasonably calculated; and removing taxicab stands from the ordinance as there are no taxicab stands in Lakewood. REPORTS BY THE CITY MANAGER City Manager Caulfield reported that the City of Gig Harbor has approached the City and asked if our Municipal Court may be interested in providing Court services. They have also reached out to Pierce County District Court. He reported on the Pierce County Regional Council (PCRC) May 4, 2017 meeting and their discussion on military installations. Pierce County Councilmember Derek Young provided informational options about military installations. Lakewood’s letter to the Puget Sound Regional Council was shared with the PCRC as well as the 20 question letter. He reported that he has contacted Pierce County City Managers and Lakewood’s letter was also shared with the Tacoma-Pierce County Economic Development Board and Snohomish County. He then reported that Pierce Transit has requested the City for an endorsement into the AWC Employee Benefit Trust. He announced that Youth Council member Claudia Penney was selected for an AWC Center for Quality Communities Scholarship award. He announced that the Lakewood Connections newsletter has been released and distributed to Lakewood residents. He then reported that a Memorandum of Agreement between the City and the Washington State Department of Transportation has been drafted for the City to identify the property for WSDOT maintenance facility to relocate to, assist in 011 City Council Study Session Minutes -3- May 8, 2017 securing funding for building the WSDOT facility and allowing the City to market WSDOT’s current property. He then requested that Council leave their ipads with the City Clerk for email maintenance. He then announced the following meetings and events:. • May 11, 7:30 AM breakfast, 8:00 AM to 10:00 AM program, SSMCP Elected Officials Council, Eagles Pride Golf Course. • May 13, 9:00 AM, Studio Fitness 4th Annual Healthy Start 5K, Studio Fitness 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) 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) 012 City Council Study Session Minutes -4- May 8, 2017 CITY COUNCIL COMMENTS Councilmember Moss commented on the Operations Red Recruitment Dinner at St. Martin’s University she attended. Councilmember Brandstetter commented on Officer Grant’s memorial service. He then commented on the Planning Commission meeting he attended last week. He also spoke about the Pierce County Prayer Breakfast he attended. He then commented on an email he received from Ms. Macklin about her denial of a marijuana business license. Councilmember Barth commented on the Pierce County Law Enforcement Memorial Center she attended. She also commented on the Tillicum Neighborhood Association meeting she attended. She then spoke about the Pierce County Prayer Breakfast and Officer Grant’s memorial service she attended. Deputy Mayor Whalen commented on the Bethel School District Superintendent concerns regarding the challenges of Bethel that the PSRC is promulgating. He spoke about a meeting with the architects on finalizing the plans and specifications for the Pavilion at Ft. Steilacoom Park. He then commented about the Pierce County Prayer Breakfast he attended. ********** Executive Session Mayor Anderson announced that Council will recess into Executive Session for approximately 30 minutes to discuss potential litigation. ********** Council recessed into Executive Session at 9:00 p.m. At 9:30 p.m., Mayor Anderson announced Executive Session will be extended an additional five minutes. Council reconvened at 9:35 p.m. 013 City Council Study Session Minutes -5- May 8, 2017 ADJOURNMENT There being no further business, the meeting adjourned at 9:35 p.m. _____________________________________ DON ANDERSON, MAYOR ATTEST: ____________________________ ALICE M. BUSH, MMC CITY CLERK 014  REQUEST FOR COUNCIL ACTION DATE ACTION IS TITLE: Motion authorizing award of a TYPE OF ACTION: REQUESTED: construction contract to Northwest Cascade in the amount of $132,683.00 for the ORDINANCE May 15, 2017 construction of Union Avenue Frontage. RESOLUTION REVIEW: X MOTION NO.2017-24 ATTACHMENTS: May 15, 2017 Vicinity Map OTHER Bid Tabulations SUBMITTED BY: John Cunningham, P.E., Interim Public Works Director/City Engineer. RECOMMENDATION: It is recommended that the City Council authorize award of a construction contract to Northwest Cascade, Inc. in the amount of $132,683.00 for the construction of Union Avenue Frontage, City Project 302.0010a. DISCUSSION: Through this project, the City will construct 360 linear feet of curb, gutter, sidewalk, and street lighting improvements along the southeast side of Union Avenue northeast of West Thorne Lane through the Popeye’s frontage. It is anticipated that construction will begin in June, 2017 with completion in September, 2017. ALTERNATIVE(S): There is no practical alternative other than to reject all bids and to not construct the project. The City received 3 bids. Attached are the Bid Tabulations for the project. It is not anticipated that rebidding the project would result in lower bids. FISCAL IMPACT: This project is funded from a developer frontage contribution from Popeye’s Restaurant in the amount of $54,200.00, the City’s surface water fund (401) will contribute $34,977.00 for surface water improvements related to the project, $18,000.00 will be allocated from the City’s new LED Street Lighting project (302.0002), and the remaining $25,506.00 will emanate from the unallocated capital project funds (302). Construction inspection and administration will be done utilizing City staff. Prepared by City Manager Review Department Director 015 016  Wednesday, May 10, 2017 BID TABULATIONS Union Avenue Frontage Note: We hereby certify that these tabulated bids represent 302.0010a all bids received and that the additions of all prices shown May 9, 2017 have been checked and corrected. ENGINEER'S ESTIMATE Northwest Cascade, Inc. Hoffman Construction Inc R.W. Scott Construction ITEM UNIT UNIT UNIT UNIT NO. DESCRIPTION QTY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1 Mobilization 1 LS $5,000.00 $5,000.00 $13,000.00 $13,000.00 $12,000.00 $12,000.00 $30,000.00 $30,000.00 2 Minor Change 1,000 FA $1.00 $1,000.00 $1.00 $1,000.00 $1.00 $1,000.00 $1.00 $1,000.00 3 Roadway Surveying 1 LS $2,500.00 $2,500.00 $3,300.00 $3,300.00 $4,500.00 $4,500.00 $7,500.00 $7,500.00 4 SPCC Plan 1 LS $1,000.00 $1,000.00 $2,000.00 $2,000.00 $750.00 $750.00 $750.00 $750.00 5 Project Temporary Traffic Control 1 LS $7,500.00 $7,500.00 $13,250.00 $13,250.00 $14,600.00 $14,600.00 $45,000.00 $45,000.00 6 Removal of Structures and Obstructions 1 LS $2,000.00 $2,000.00 $7,000.00 $7,000.00 $12,900.00 $12,900.00 $14,000.00 $14,000.00 7 Sawcutting 400 LF $4.00 $1,600.00 $4.00 $1,600.00 $4.00 $1,600.00 $4.00 $1,600.00 8 Roadway Excavation Incl. Haul 50 CY $50.00 $2,500.00 $45.00 $2,250.00 $60.00 $3,000.00 $75.00 $3,750.00 9 Shoring or Extra Excavation Class B 1 LS $250.00 $250.00 $550.00 $550.00 $500.00 $500.00 $300.00 $300.00 10 Crushed Surfacing Base Course 25 TN $50.00 $1,250.00 $82.00 $2,050.00 $90.00 $2,250.00 $100.00 $2,500.00 11 HMA Cl. 1/2", PG 64 -22 for Pavement Repair 50 TN $150.00 $7,500.00 $275.00 $13,750.00 $170.00 $8,500.00 $225.00 $11,250.00 12 Commercial HMA 10 TN $175.00 $1,750.00 $290.00 $2,900.00 $170.00 $1,700.00 $300.00 $3,000.00 13 Planing Bituminous Pavement 260 SY $10.00 $2,600.00 $22.00 $5,720.00 $25.00 $6,500.00 $10.00 $2,600.00 14 Schedule A Storm Sewer Pipe, 8-In. Diam. 7 LF $100.00 $700.00 $110.00 $770.00 $115.00 $805.00 $250.00 $1,750.00 15 Catch Basin Type 1 1 EA $1,500.00 $1,500.00 $1,575.00 $1,575.00 $1,400.00 $1,400.00 $1,500.00 $1,500.00 16 Catch Basin Type 1P/Down Turned Elbow 1 EA $1,500.00 $1,500.00 $1,900.00 $1,900.00 $1,500.00 $1,500.00 $1,750.00 $1,750.00 17 Connection To Drainage Structure 1 EA $500.00 $500.00 $450.00 $450.00 $400.00 $400.00 $750.00 $750.00 18 Water Quality Treatment Gallery, 12-In. Diam. 20 LF $125.00 $2,500.00 $160.00 $3,200.00 $170.00 $3,400.00 $120.00 $2,400.00 19 Adjust Valve Box 1 EA $500.00 $500.00 $450.00 $450.00 $530.00 $530.00 $500.00 $500.00 20 Cement Concrete Traffic Curb and Gutter 360 LF $25.00 $9,000.00 $34.80 $12,528.00 $42.00 $15,120.00 $35.00 $12,600.00 21 Cement Concrete Driveway Entrance Type 1 68 SY $50.00 $3,400.00 $107.00 $7,276.00 $123.00 $8,364.00 $75.00 $5,100.00 22 Cement Concrete Sidewalk 172 SY $40.00 $6,880.00 $62.00 $10,664.00 $77.00 $13,244.00 $60.00 $10,320.00 23 Illumination System Complete 1 LS $25,000.00 $25,000.00 $25,500.00 $25,500.00 $27,750.00 $27,750.00 $40,000.00 $40,000.00 TOTAL $87,930.00 $132,683.00 $142,313.00 $199,920.00 017 K:\New Public Works Projects\1177 Madigan Access Improvement Project\Bid\Phase 3 - Popeye's Frontage\Bid Tab\ Bid Tab.xls 1 of 1 printed 05/10/2017  LAKEWOOD'S PROMISE ADVISORY BOA RD MINUTES Thursday, April 6, 2017 Lakewood City Hall Conference Room 1 E 6000 Main Street SW, Lakewood, WA CALL TO ORDER Chair, Ellie Wilson called the meeting to order at 7:30 a.m. ATTENDANCE Board Members Present: Ellie Wilson, Echo Curry, Judi Weldy, Mary Dodsworth Dr. Michele Johnson, Debbie LeBeau, Deborah Gist Board Members Excused: Clayton DeNault, Dr. Joyce Loveday Youth Council Representative: Carolina Robles City Council Liaison: Mary Moss Staff Members Present: Karmel Shields APPROVAL OF MINUTES Mary Dodsworth moved that the February 9, 2017 be approved as written, Mary Moss seconded the motion. The Lakewood's Promise Advisory Board February minutes were unanimously approved. PUBLIC COMMENT None NEW BUISNESS Staffing for Promise Board Ms. podsworth informed the board that Karmel Shields will be providing staffing to the Promise Advisory Board. She is a part-time City employee and her hours have been increased to incorporate this assignment. She will be assisting in building new strategies for Lakewood's Promise. Recap Lakewood Community Collaboration Meeting Lakewood's Promise Board did not have a March board meeting; instead the members of the board presented the Five Promises to the Lakewood Community Collaboration on March 8, 2017. The notes, taken during the breakout table discussion, were summarized and reviewed. Members noted that two Promises, Safe Places and Caring Adults, received a lot of interest and dialogue. It was also noted that organizations are willing to make their programs more portable; however, resource constraints prevented them from starting new programs. The members discussed how partnerships between the agencies could bring more services to youth and families, and that we need to encourage partners to participate in each other's already existing events and outreach activities. It was also mentioned that well trained volunteers are essential to delivering an effective portable program. 018 019  LANDMARKS & HERITAGE ADVISORY BOARD March 23, 2017 Meeting Minutes Third Floor Mt. Rainier Conference Room 6000 Main Street SW Lakewood, WA 98499 "The mission of the City of Lakewood Landmarks and Heritage Advisory Board is to preserve, protect and promote the unique heritage and historic resources of the City of Lakewood." CALL TO ORDER The meeting was called to order at 6:04 p.m. by Ms. Stephanie Walsh, Chair. MEETING PROTOCOL Roll Call Landmarks & Heritage Advisory Board Members Present: Stephanie Walsh, Chair; Glen Spieth, Vice-Chair; Joan Cooley, and Bob Jones Landmarks & Heritage Advisory Board Members Excused: Beth Campbell Landmarks & Heritage Advisory Board Members Absent: Walter Neary Council Liaison to LHAB: Councilmember John Simpson Landmarks & Heritage Advisory Board Consultant: Jennifer Schreck Youth Council Liaison Absent: Cassie Daniels Staff Present: Ramon Rodriguez, Assistant Planner and Karen Devereaux, Administrative Assistant Acceptance/Changes to Agenda Ms. Stephanie Walsh, Chair requested to add to Unfinished Business a discussion of the retreat details and each members commitment to working on a high priority item discussed at the retreat. Mr. Bob Jones made the motion to accept those agenda items. Mr. Glen Spieth seconded the motion. A voice vote was taken with the motion passing, 4-0. Approval of Minutes The minutes of the meetings held on January 21 and February 23, 2017 were approved by voice vote, M/S/C Spieth/Cooley. The motion to approve the minutes (with amendment to the incorrect title of Retreat Minutes on the February set) passed unanimously, 4-0. Announcements Ms. Stephanie Walsh shared that she has decided to seek employment elsewhere and will be leaving Lakewold Gardens in May. She added that she isn't sure which direction she will take next or if she will continue with Landmarks and Heritage Advisory Board for the entire year. Mr. Glen Spieth, Vice-Chair shared that he had toured the Mueller-Harkins hangar and viewed all the changes made in a recent renovation in which they tore down second story and threw away all the materials. Mr. Spieth added he found information on the Portland, Oregon Deconstruction of Building Law Chapter 17.106, which basically states significant historical buildings should be carefully deconstructed, taken apart carefully with as much of the materials being re-used as possible. He 03-23-2017 Meeting Landmarks & Heritage Advisory Board 020 021 022  PLANNING COMMISSION REGULAR MEETING MINUTES April 19, 2017 City Hall Council Chambers 6000 Main Street SW Lakewood, WA 98499 Call to Order The meeting was called to order at 6:30 p.m. by Mr. Don Daniels, Chair. Roll Call Planning Commission Members Present: Don Daniels, Chair; Robert Estrada, Vice - Chair; Connie Coleman-Lacadie, James Guerrero and Nancy Hudson-Echols Planning Commission Members Excused: Paul Wagemann Planning Commission Members Absent: Christopher Webber Staff Present: David Bugher, Assistant City Manager, Community and Economic Development Director; Bill Adamson, SSMCP Program Manager, Weston Ott, Public Works Department Transportation Division Manager, and Karen Devereaux, Administrative Assistant, Community Development Department Council Liaison: Councilmember Mr. Michael Brandstetter Acceptance of Agenda No changes were requested. Approval of Minutes The minutes of the meeting held on April 5, 2017, were approved by voice vote, M/S/C Coleman-Lacadie/Estrada. The motion to approve the minutes as written passed unanimously, 5-0. Public Comments None Public Hearing None Unfinished Business 2018-2023 Six-Year Transportation Improvement Program Final Draft Presentation Mr. Weston Ott reviewed the final draft of the TIP with commissioners. He answered questions and informed the group that 15 completed projects have been removed from the TIP this year. The final draft addresses those minor changes to project timelines and estimated costs. No other changes were suggested. A public hearing of the 2018-2023 6-Year TIP is scheduled for May 151\ then adoption by City Council on June 5, 2017. City of Lakewood Planning Commission April 19, 2017 023 024 025 April 24, 2017 NOTICE OF PUBLIC HEARING RE: 2018-2023 Six-Year Transportation Improvement Program On Monday May 15, 2017, at 7:00 p.m., or soon thereafter, the Lakewood City Council will hear public testimony and receive additional information regarding the City of Lakewood 2018-2023 Six-Year Transportation Improvement Program. The objective of the review is to assure consistency with comprehensive planning, to review the work accomplished under the plan, and to determine current transportation needs, including any new or enhanced bicycle or pedestrian facilities identified as needed to promote non-motorized transit. If you have concerns about this matter and want those concerns to be known and considered, they must be presented at the hearing or written comments can be submitted to the City Clerk, 6000 Main Street SW, 3rd floor, Lakewood, WA 98499, prior to the hearing. Comments may also be emailed prior to 4:30 p.m., May 15, 2017 to abush@cityoflakewood.us This hearing will take place in the City Council Chambers, 6000 Main Street SW, Lakewood, Washington. All persons will have an opportunity to present their oral comments at the hearing. For further information about the program, please call Weston Ott, Transportation Division Manager, at 253-983-7725. Copies of the 2018-2023 Six-Year Transportation Improvement Program can be viewed on the City’s website at https://www.cityoflakewood.us/public- works/related-documents or examined at the City of Lakewood, Public Works Department, 6000 Main Street SW, 2nd floor, Lakewood, Washington. Alice M. Bush, MMC City Clerk 026 -----Original Message----- From: Chere Clark [mailto:cclark1712@msn.com] Sent: Monday, May 08, 2017 6:17 PM To: Council <Council@cityoflakewood.us> Subject: For Monday Night City Council Meeting To All Council Members: I am writing the Council to express my strong support for your vote to include Oakbrook in the next budgeted road and community improvements efforts in Lakewood; Oakbrook residents have been on the back burner for far too long, and we are long past due for sidewalks and streetlights. In addition, Oakbrook is in dire need of new road paving, with unsightly patches and potholes making for difficult driving. Many of us have questioned why some areas of Lakewood have been prioritized over Oakbrook for these improvements--when we travel through such areas, there is little or no residential housing around, in some cases; very few cars driving at night; and virtually no one walking down the beautiful new sidewalks! Why were these areas provided new lights, sidewalks, and road paving!? Oakbrook residents make up a good-sized portion of the population of Lakewood. Hardworking, taxpaying people who contribute much to the greater Lakewood community live here! It's time we received a fair share of the budgeted infrastructure improvements! We deserve to live in a safe, secure, and well-maintained neighborhood. Sincerely, Chere Clark 253 208-6195 Sent from my iPhone Disclaimer: Public documents and records are available to the public as required under the Washington State Public Records Act (RCW 42.56). The information contained in all correspondence with a government entity may be disclosable to third party requesters under the Public Records Act. 027 From: Bill and Margarethe Davis [mailto:margadavis@msn.com] Sent: Monday, May 08, 2017 8:43 PM To: Council <Council@cityoflakewood.us> Subject: Street lights and Side walks for Oakbrook Community We have been advised the subject items are scheduled to be discussed at the next council meeting on May 15th, 2017. Since we will be out of state and not able to attend, please submit the following in our behalf: We have lived at our current address for the past 32 years. While many improvements have been accomplished, the most important ones to us by far is lack of sidewalks and lighting! The only way to walk our dog/s is either a dirt/mud path (limited areas) or share the road with traffic. I don't know how many council members are familiar with Onyx Drive SW from 87th Ave, but it can be a scary experience to share this 2 lane road with all sorts of heavy car & truck traffic! I feel so sad when I see a young Mother trying to navigate her child stroller in these conditions. The lack of lighting is sad indeed-In these days of high crime and drug trafficking, one would think street lighting would be a top priority-Yet Oakbrook has NONE!! Our family lived in many different parts of the world during my 30 years of service with the US Army-I don't recall any place where we had no side walks or had to walk in the dark in our housing areas. Why was Oakbrook developed without both?? We love our community and would live no place other-Is it too much to ask for safe walking paths and decent lighting? Respectfully Yours, William S & Margarethe Davis 7805 88th Ave SW Lakewood, Washington 98498 (253) 588-0738 028 To: Mayor and City Councilmembers From: John Cunningham, Interim Public Works Director Through: John J. Caulfield, City Manager Date: May 15, 2017 Subject: Draft 6-Year Transportation Improvement Program (TIP) (2018-2023) – Public Hearing Background Information Chapter 35.77.010 RCW requires that each city annually update its Six(6) -Year Transportation Improvement Program (TIP), and file a copy of the adopted TIP with the Secretary of the Washington State Department of Transportation within 30 days after its adoption. The current 6-Year TIP (2017-2022) was amended on February 21, 2017. As the current 2017-2022 TIP was amended recently, the Final Draft 2018-2023 6-Year TIP reflects that numerous projects will be completed in 2017, and as such these projects have been removed from the Final Draft 2018-2023 6- Year TIP. The Final Draft 6-Year TIP (2018-2023) has been presented to the Planning Commission twice, solicitation of comments from interested stake holders, and has been available on the City’s website. At this time no input has been received from either the public or the interested stakeholders regarding the Final Draft 2018-2023 6-Year TIP. Also, the Final Draft 2018-2023 6-Year TIP was presented to the City Council at the May 8th Council Study Session. The changes proposed in the Final Draft 2018-2023 6-Year TIP, not associated with project completion, are minor and consist of funding updates, splitting projects into phases, or project limit changes. These projects are listed below and highlighted in the Final Draft 6-Yr TIP (2018-2023) attached. • Project 1.20: 123rd St. SW – Bridgeport Way to 47th Ave. • Project 1.21: Split into 1.21A and 1.21B • Project 2.73: 112th/111th – Bridgeport Way to Kendrick St. • Project 6.2: New Street Lighting • Project 7.1: Bridge Inspection • Project 9.15: Lakewood Drive – Steilacoom Blvd. to N. City Limits 029 In addition to the projects listed above, staff initially proposed to remove three projects from the Final Draft 6-Yr TIP (2018-2023) based on each projects anticipated 2017 construction start schedule. However, these projects will either be continuing construction into 2018 or project construction will start in the first quarter of 2018. These three projects have been added back into the Final Draft 6-Year TIP (2018-2023) and are listed below. • Project 2.81: Roadway Safety Improvements at 40th Ave. SW and 96th St. SW • Project 3.20: Military Rd. and 112th St. Safety Improvement • Project 5.6A: Gravelly Lake Non-Motorized Trail – Phase 1 The 6-Year TIP is a longer term transportation planning document that is generally used for securing grant funding to help pay for the projects listed on the city’s most recently adopted version of the TIP. Implementation of the TIP occurs with City Council adoption of the city’s Biennial Budget and CIP (Capital Improvement Program/Plan). Finally, the adopted 6-Year TIP may be amended at any time by a majority of the City Council, but only after a public hearing. TIP amendments are generally only needed for the City to accept and utilize newly awarded grants and to modify various TIP project schedules in anticipation of new grants. Attachment: Final Draft 6-Year TIP (2018-2023) 5-15-2017 Mod. 030 031 032 033 034 035 036 037 038 039 040 041 042 043 044 045 046 047 048 049 050 051 052 053 054 055 056 057  REQUEST FOR COUNCIL ACTION DATE ACTION IS TITLE: AN ORDINANCE … TYPE OF ACTION: REQUESTED: related to Pedestrian Interference. X ORDINANCE NO. 669 May 15, 2017 ATTACHMENTS: RESOLUTION Proposed Ordinance REVIEW: __ MOTION May 8, 2017 OTHER SUBMITTED BY: Matthew S. Kaser, Asst. City Attorney RECOMMENDATION: It is recommended that the City Council approve revisions to the City’s Aggressive Begging Code and amend Section 10.14.050 relative to Pedestrain Interference. DISCUSSION: 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 a representative of the American Civil Liberties Union (ACLU) to address First Amendment issues they believe were presented in the former Ordinance. Some of the concerns articulated by the ACLU have been addressed by the Washington Supreme Court in the Willis decision, while others are beyond the Court’s ruling. The attached proposed Ordinance addresses the results from the Willis decision, but not every concern expressed by the ACLU. (Cont. on following page). ALTERNATIVE(S): There are several options: 1. Amend the Code strictly in compliance with Willis. 2. Amend the Code beyond what Willis would require either (a) as requested by the ACLU; or (b) in some way other than as requested by the ACLU. FISCAL IMPACT: A direct financial impact is not anticipated. An indirect financial impact associated with criminal case prosecution including likely public defender costs and related Court costs. And, as stated in the study session, there is uncertainty and costs assocated with any court challenge. Matthew S. Kaser Prepared by City Manager Review Department Director 058 Discussion (Cont). This Ordinance does two things. First, it creates an offense of Pedestrian Interference. Second, it amends current LMC 9A.04.020A (Begging in Restrictive Areas) by deleting the two specific code sections which the Washington Supreme Court invalidated in City of Lakewood v. Robert Willis. Follow-Up From Study Session 1. Issues Relative to Intent. Council raised two issues with Section 1 of the draft Ordinance: (1) voluntary intoxication defenses; and (2) language including conduct which is “reasonably calculated,” to cause traffic interruptions. Alternative language was considered following Council’s comments. That language would have revised proposed LMC 10.14.050(B) to read, “No person shall intentionally or engage in such acts which are reasonably calculated to interrupt …” The term “reasonably calculated,” can require consideration of speech (in all of its forms) – which is expressly forbidden under Willis and Reed v. Town of Gilbert. While “reasonably calculated,” language is generally acceptable for many criminal statutes, where First Amendment rights are implicated, a specific mental state is required. “Reasonably calculated,” negates the mental state requirement. Similarly, voluntary intoxication may preclude the individual from forming the necessary intent to commit the crime. Case law establishes several factors before this defense may be employed. A criminal defendant is entitled to a voluntary intoxication instruction only if: (1) the crime charged has as an element a particular mental state, (2) there is substantial evidence of drinking, and (3) the defendant presents evidence that the drinking affected his or her ability to acquire the required mental state. The evidence “must reasonably and logically connect the defendant's intoxication with the asserted inability to form the required level of culpability to commit the crime charged. … Evidence of drinking alone is insufficient to warrant the instruction; instead, there must be ‘substantial evidence of the effects of the alcohol on the defendant's mind or body.’” State v. Gabryschak, 83 Wn.App. 249, 252–53, 921 P.2d 549 (1996) (citations omitted). 2. Follow-Up to “Bus Stop or Train Station,” Langauge. The language “bus stop, train station or in any public parking lot or structure or walkway dedicated to such parking lot or structure,” as a prohibited area was also examined in response to Council’s questions. To highlight a few exemples, the SR 512 Park and Ride and the Lakewood Sounder Station both contain a “bus stop or train station.” Both also contain a “public parking lot or structure,” where individuals can park their vehicles. The Sounder Station it contains a “walkway dedicated to such parking lot or structure,” in the form of a pedestrian overpass. 059  3. Question: What is the Washington Dept. of Transportion doing? Can we adopt anything by reference? WSDOT is covered by a separate sets of statutes. As it relates to freeways, such as Interstate 5, those roads are classified as “limited access highways.” As their name suggests, these roads are “especially designed or designated for through traffic, and over, from, or to which owners or occupants of abutting land, or other persons, have no right or easement,” excepting for a “limited right or easement of access, light, air, or view.” RCW 47.52.010 (Emphasis added). City streets, by contrast, are generally classified as “rights of way,” which contain easement rights and are frequently recognized as traditional public forums. Freeways themselves have been able to avoid being classified as public forums for First Amendment purposes due to their use. This is so because there are not “as compatible with the nature of expressive activity expected at a traditional public or designated public forum, such as assembly, debating, and protesting, as would be, for instance, a public square or park, because [the shoulder] is located on the shoulder of a major freeway with high-speed vehicular traffic.” San Diego Minutemen v. Cal. Bus., Transp. & Hous., 570 F. Supp. 2d 1229, 1250 (S.D. Cal. 2008)(citing, Hopper v. City of Pasco, 241 F.3d 1067, 1078 (9th Cir. 2001)). 4. What are other cities doing? Subsequent research revealed one other city has recently amended their begging/solication codes. The City of Spokane Valley which had a definition of “begging,” identical to Lakewood’s, renamed it “solicitation,” and redefined “solicit,” to mean: a. Either orally or in writing, directly or by implication, to ask, beg, request or plead for employment, goods, services, financial aid, monetary gifts, or any article representing monetary value, for any purpose; b. Either orally or in writing, to sell or offer for immediate sale goods, services, or publications; c. To distribute without remuneration goods, services, or publications; or d. To solicit signatures on a petition or opinions for a survey. Spokane Valley’s Code now prohibits solicaition done with the intent to intimidate another person into giving money or goods complying with the solicited request. This alternative remains to be tested under Reed. 060  ORDINANCE NO. 669 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 061  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: 062  (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 (cb) 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. 063  ADOPTED by the City Council this 15th day of May, 2017. CITY OF LAKEWOOD _________________________ Don Anderson, Mayor Attest: _______________________________ Alice M. Bush, MMC, City Clerk Approved as to Form: _______________________________ Heidi A. Wachter City Attorney 064  City of Lakewood Lakewood City Hall 6000 Main Street SW Lakewood, WA 98499 (253) 589-2489 (Legal Notice) May 16, 2017 NOTICE OF ORDINANCE PASSED BY LAKEWOOD CITY COUNCIL The following is a summary of an Ordinance passed by the City of Lakewood City Council on the 15th day of May, 2017. ORDINANCE NO. 669 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. This ordinance shall become effective thirty (30) days after its publication or publication of a summary of its intent and contents. The full text of the Ordinance is available at the City Clerk's Office, Lakewood City Hall, 6000 Main Street SW, Lakewood, Washington 98499, (253) 589-2489. A copy will be mailed out upon request. Alice M. Bush, MMC, City Clerk Published in the Tacoma News Tribune:_______________________________ 065  REQUEST FOR COUNCIL ACTION DATE ACTION IS TITLE: Authorizing the City Manager to TYPE OF ACTION: REQUESTED: enter into an agreement with Karsten Boysen in the amount of $80,000 for the construction ORDINANCE May 15, 2017 of the “Lotus Blossom: sculpture for the intersection of Gravelly Lake Drive SW and RESOLUTION REVIEW: Washington Blvd SW.. X MOTION NO. 2017-25 May 15, 2017 ATTACHMENTS: “Lotus Blossom” conceptual design OTHER SUBMITTED BY: Dennis Higashiyama, Arts Commission Staff Liaison RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into an agreement with the artist Karsten Boysen in the amount of $80,000 for the construction of the “Lotus Blossom” sculpture for the intersection of Gravelly Lake Drive SW and Washington Blvd. SW. DISCUSSION: Through this project, the artist will construct the 8 foot tall sculpture and will assist in the design and construction of the circular concrete foundation upon which this sculpture will be mounted. In addition, the artist will also assist with lighting design for the site. ALTERNATIVE(S): This proposed sculpture was one of four recommended for consideration by the selection panel to the City Council. The sculpture was the top scoring proposal of the four recommended and was also the consensus selection of the City Council. It is especially well suited for this site because of it’s floral theme and proximity to Lakewold Gardens. FISCAL IMPACT: This project is funded from the public art fund which receives revenues from City rental days at the Sharon McGavick Conference Center. The staff liaison to the Arts Commission will serve as the point of contact for this project and will coordinate all aspects of construction and installation of the artwork. Prepared by City Manager Review Department Director 066 067 068 069 070 071 City of Lakewood Special Session Legislative Update May 15, 2017 The 2017 Legislative “regular” 105-day session ended on Sunday, April 23rd. However, the Legislature did not reach agreement on an Operating & Capital Budget, and a dozen other policy issues. The Governor called a special session which began on Monday, April 24th and is scheduled to last 30 days, or until the Legislature reaches an agreement on the budget and adjourns – whichever is sooner. If the Legislature does not finish its work within 30 days, the Governor would need to call a second special session. The Legislature needs to adopt a budget by June 30th in order to avoid a state government shut down. During most of special session, the majority of legislators are back in district while key budget writers remain in Olympia. The House Republicans and Democrats have agreed to an approach on who will be in the budget writing room. Under their agreement, there will be two legislators from each of the 4 caucuses that will participate in all the budget meetings. In addition to this group, the committee chair and ranking member from each subject area will join the meetings that cover relevant sections of the budget. In addition to budget negotiations, dozens of policy issues are likely to remain under consideration. In previous special sessions, a narrowed list of issues continued to be worked on. This year, that list is quite lengthy. Senate Capital Budget Committee Chair, Sen. Jim Honeyford (R-Yakima), indicated that he will not negotiate a Capital Budget until there is agreement on legislation that responds to the Hirst and Foster Supreme Court decisions regarding permit exempt wells and water availability. This issue and many other significant policies that were not resolved during the “regular” legislative session will be considered during special session. In the final week of the regular session, the Legislature adopted the final Transportation budget. The budget continues with the implementation of projects funded in the Connecting Washington package and is objectively non-controversial. Through the Safe Routes to School grant program, the City is scheduled to receive $535,000 for improvements to Gravelly Lake Drive. To view the final budget documents, click here. Update on Legislative Priorities Full Funding of Community Policing Program Both the House and Senate budget proposals include $621,000 for the Lakewood Community Policing Program at Western State Hospital! This is not a guarantee, but is a good indicator that full funding of the program will be included in the final budget. The House version of the budget includes some language requiring the Department of Social & Health Services (DSHS) to report on the number of calls from Western State responded to by the program. We are in the process of working with the City’s delegation to have the language amended so the report will be provided to DSHS by the City and encompass all the services provided by the program, not just response to calls. 1201 Pacific Ave, Suite 2100 203 Maryland Ave., NE Tacoma, WA 98401 www.gth-gov.com Washington, DC 20002 Phone: (253) 620-6500 Phone: (202) 544-2681 Fax: (253) 620-6565 Fax: (202) 544-5763 072 Fort Steilacoom Park Land Transfer Leading up to the 2017 Legislative Session GTHGA routinely followed up with the Governor’s staff and DSHS representatives to ensure all their concerns were addressed so that the request for transfer of ownership would be supported by the Governor’s office and the Department. The extensive pre-session coordination and support from the City’s legislative delegation was successful. Both House and Senate budget proposals direct DSHS to transfer Fort Steilacoom Park to the City and Pierce College by June 30, 2019. Since this language is included in both budgets, there is a high likelihood it will be included in the final budget. Capital Budget Requests: Fort Steilacoom Park, Motor Ave, and WWRP Over the past 5 years, the City has received over $900,000 from the State Capital budget for local & community projects. Capital budget requests often require several years of advocacy before being funding. This year we raised awareness of the City’s long term plans for improvements at Fort Steilacoom Park and the new community gathering area envisioned for Motor Ave. While funding is not likely to be included in this year’s budget for these projects, there is greater potential for funding in the coming years as a result of this year’s efforts. In addition to these individual capital budget projects, the City supported funding of the WA Wildlife and Recreation Program (WWRP). The City applied for a competitive grant through WWRP and was highly ranked in the Water Access category for Improvements at Harry Todd Waterfront Park. In the House budget proposal, the City stands to receive $600,000 for this project. In the Senate budget proposal, the City would receive $476,000. Although budget negotiations are still ongoing, it appears the final budget will adopt the House’s approach to WWRP funding, meaning the City is likely to receive the $600,000. Both the Youth Athletic Facilities (YAF) and Aquatic Lands Enhancement Account (ALEA) grant programs are not likely to be funded at a level below where the City’s projects would receive funding. Total Estimated State Funding from 2017 Legislative Session Full Funding of Community Policing Program $621,000 Basic Police Services at Western State Hospital $90,000 Gravelly Lake Drive SW Improvements $525,000 Harry Todd Waterfront Park Improvements $600,000 Total: $1,836,000 General City Bills: Public Records Act Reform Bills Delivered to Governor Business Licensing Bill Delivered to Governor Public Notices in languages other than English Delivered to Governor 1% Property Tax Cap Bill Died Liquor Revenue Restoration Bill Died Use of deadly force bills NTIB Gordon Thomas Honeywell Governmental Affairs City of Lakewood Legislative Report 2 073 Operating and Capital Budget Impacts Still Under Negotiations Law Enforcement Officers’ & Fire Fighters Plan II Contributions While many issues are off the table in the special session, a few budget decisions are still under consideration. The Senate’s budget proposed to eliminate the state contribution to LEOFF 2 pension contributions dedicated to helping pay a portion of police and fire personnel pension costs. The House budget maintains this funding. Elimination of this long-standing commitment to share the funding of these pension costs would shift at least $70 million in additional costs to cities starting in the 2017-19 biennium with immediate impacts on cities’ current fiscal year budgets. The estimated impact to the City of Lakewood would be $332,933. Basic Law Enforcement Academy The House’s budget funds 6 additional BLEA classes with 25% of the cost falling on the employing agencies. Additionally, funding is provided in the 2017 Supplemental budget for the necessary classes prior to the start of the new biennium. The Senate’s budget funds 8 additional BLEA classes with 25% of the cost falling on the employing agencies but does not fund the necessary BLEA classes for 2017. Infrastructure Funding For the first time in several years, both the House and Senate budgets include full funding for the Public Works Board recommended project list. $97.1 million from the Public Works Assistance Account is provided for loans to 25 cities, counties and special purpose districts. However, both budget proposals also include redirection of loan repayment funds from the PWAA to the State General Fund and the Education Legacy Trust Account. House Bill 1677, sponsored by Rep. Strom Peterson (D-Edmonds), is part of the budget negotiation process and makes several changes to the Public Works Assistance Account. In its current form, the bill aims to help smaller jurisdictions (less than 50,000 rate payers) access the bond market. Jurisdictions with greater than 50,000 rate payers have access to an interest rate based on the average daily market interest rate for tax- exempt municipal bonds with a 50% discount for a repayment period of 5 to 20 years and a 75% discount for a repayment period of less than 5 years. The bill also changes the approval process from a Board recommended list approved by the Legislature to a Board approved list, with input from 4 legislators. This change is anticipated to expedite the loan disbursement process from 18 months to roughly 6 months. Prior to the end of the regular session, this bill, under the title of Senate Bill 5033, passed the House 95-2. Other major issues still under consideration 5G/Telecommunications The Governor’s Office staff has continued to meet with city representatives, PUDs, and the industry to discuss potential legislation on the deployment of 5G technology. Briahna Murray has continued to attend these meetings and has emphasized the importance that Lakewood and other cities maintain local control and have the ability to respond to community concerns about the use of the right of way. Affordable Housing Tools House Bill 1797, sponsored by Rep. Joan McBride (D-Kirkland), provides cities with funding tools for affordable housing. The bill allows existing REET revenues to be used for affordable housing development through 2022, allows cities to apply for a one-time remittance of 4.37 percent of the state sales and use tax on an affordable housing development, and allows only King County cities to councilmatically impose the .1 percent local sales and use tax for affordable housing currently only allowed with voter approval. This bill previously contained Gordon Thomas Honeywell Governmental Affairs City of Lakewood Legislative Report 3 074 the authority for cities to impose a third quarter REET for affordable housing; however, that provision was removed in the House committee. This bill, along with House Bill 1570, related to extending the sunset of the document recording fee, are still be negotiated and a version of the bills or mix of the two is likely to pass during the special session. Gordon Thomas Honeywell Governmental Affairs City of Lakewood Legislative Report 4 075