City Council
Regular MeetingLakewood, WA · January 27, 2020
Agenda
LAKEWOOD CITY COUNCIL
STUDY SESSION AGENDA
Monday, January 27, 2020
Following City Council Special Meeting
City of Lakewood
City Council Chambers
6000 Main Street SW
Lakewood, WA 98499
________________________________________________________________
Page No.
CALL TO ORDER
ITEMS FOR DISCUSSION:
(2) 1. Lakewood Multicultural Coalition Update.
(8) 2. Build Your Better Here Campaign Update. – (Memorandum)
(19) 3. Review of 5-Year (2020-2024) Consolidated Plan and Annual Action Plan.
– (Memorandum)
ITEMS TENTATIVELY SCHEDULED FOR THE FEBRUARY 3, 2020
REGULAR CITY COUNCIL MEETING:
1. Joint Meeting with Clover Park School District Board.
REPORTS BY THE CITY MANAGER
(41) Review of Pierce Transit’s Destination 2040 comment letter.
(44) Review of Puget Sound Clean Air Agency’s proposed clean fuel standard
comment letter, #2.
Review of agenda for joint meeting with Clover Park School District Board.
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, 253-983-7705, 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
CONTRACT NO. 2019-105
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2019 CONTRACT FOR SERVICES
BETWEEN THE CITY OF LAKEWOOD AND
LAKEWOOD MULTI CULTURAL COALITION
THIS AGREEMENT is entered into this ~if~ay of J\JV)l, , 2019, by and
between the City of Lakewood, Washington, a code city duly organized and existing pursuant to
laws of the State of Washington, hereinafter referred to as the "City" and Lakewood Multicultural
Coalition, hereinafter referred to as the "Agency."
WHEREAS, the City has determined the need to have certain services performed for its
citizens; and,
WHEREAS, the City desires to have the Agency perform such services pursuant to certain
terms and conditions, now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the
parties hereto agree as follows:
1. Scope of Services to be Performed by Agency. The Agency shall perform those
services described on " Exhibit A," attached hereto and incorporated herein by this reference. In
performing such services, the Agency shall at all times comply with all Federal, State, and local
statutes, ordinances and rules applicable to the performance of such services and the handling of
any funds used in connection therewith. The Agency shall request, in writing, prior approval from
the City whenever the Agency desires to amend the scope of services.
2. Compensation and Methods of Payment. The City shall reimburse the Agency or
utilize City purchasing procedures for services rendered as set forth on "Exhibit A," Budget
attached hereto and incorporated herein by this reference. Compensation shall be paid by the City
following receipt of a properly completed Invoice and Reimbursement Request. The Agency may
submit requests to the City for payment on an annual or quarterly basis.
4. Agency Budget. The Agency shall apply the funds received under this Agreement
with the maximum limits set forth in this Contract solely to the services specified in Paragraph 1,
above, and according to the approved budget of the Agency. Prior approval from the City is
required whenever the Agency desires to amend its budget by transferring funds among the budget
categories.
5. Duration of Contract. This Contract shall be in full force and effect for a period
commencing on the 1st day of January, 2019 and ending on the 31st day of December, 2019, unless
sooner terminated under the provisions hereinafter specified.
6. Independent Contractor. The Agency and City agree that the Agency is an
independent contractor with respect to the services provided pursuant to this Contract. Nothing in
this Contract shall be considered to create the relationship of employer and employee between the
parties hereto. Neither the Agency nor any employee of the Agency shall be entitled to any benefits
accorded City employees by virtue of the services provided under this Contract. The City shall
not be responsible for withholding or otherwise deducting federal income tax or social security
payments or contributing to the State Industrial Insurance Program, or otherwise assuming the
duties of an employer with respect to the Agency, or any other employee of the Agency.
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7. Indemnification and Defense. The Agency shall defend and indemnify, and hold
harmless the City, its agents and employees, from and against any and all liability arising from
injury or death to persons or omissions of the Agency, its agents, servants, officers or employees,
irrespective of whether in connection with such act or omission it is alleged or claimed that an act
of the City, or its agents or employees caused or contributed thereto. In the event that the City
shall elect to defend itself against any claim or suit arising from such injury, death or damage, the
Agency shall, in addition to indemnifying and holding the City harmless from any liability,
indemnify the City for any and all expense incurred by the City in defending such claim or suit,
including attorney' s fees .
8. Record Keeping and Reporting.
A. The Agency shall maintain accounts and records, including personnel,
property, financial and programmatic records which sufficiently and properly reflect all direct and
indirect costs of any nature expended and services performed in the performance of this Contract
and other such records as may be deemed necessary to the City to ensure proper accounting for all
funds contributed by the City for the performance of this Contract and compliance with this
Contract. The Agency shall notify the City within ten (10) days of any significant change in
program personnel.
B. The Agency shall maintain these records for a period of seven (7) years after
termination hereof unless permission to destroy them is granted by the office of the archivist in
accordance with Chapter 40.14 RCW and by the City.
C. The Agency shall provide an annual report to the City containing actual
outcomes, indicators and an evaluation of the program. Report is due by the 15th day of
December, 2019.
D . The Agency, at the request of the City, shall make public presentations regarding
the program funded by the City. Such presentation shall be prepared in advance and approved by
the City.
E. The City of Lakewood places a high priority on collaboration. As such, the
Agency shall provide representation at the monthly Lakewood Community Collaboration Meeting.
10. Audits and Inspections. The records and documents with respect to all matters
covered by this Contract shall be subject at all times to inspection, review or audit during the
performance of this Contract. The City shall have the right to an annual audit of the Agency' s
financial statements and condition. In addition, the Agency is subject to an annual site monitor of
the systems supporting contracted services and eligible activities. The City shall have the right to
an annual inspection of the Agency' s data systems for tracking outcome achievement. Areas of
default noted during the annual inspection may demand additional site monitoring(s).
11 . Termination. The City of Lakewood may suspend or terminate this Agreement in
whole or in part for convenience, upon 15 days written notice to the Agency. If the Agency' s
insurance coverage is canceled for any reason, the City shall have the right to terminate this
Contract immediately. If for any reason an agency does not comply with all aspects of this
contract, including mandatory reports, such non-compliance may jeopardize the agency' s ability
to receive future funding.
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Further: This Contract may be terminated upon evidence of the following conditions:
1. Agency is no longer operating: The Contract shall be terminated within 10
days of notification that the Agency is no longer operating and performing the duties identified in
"Exhibit A," Scope of Services.
2. Change in Scope of Services: Should the Agency no longer provide services
identified in "Exhibit A" Scope of Work, the contract may be terminated for non-performance.
3. Misuse of Public Funds: The Agency cannot produce accurate accounts and
records of funds used in the performance of this Contract
12. Discrimination Prohibited. The Agency shall not discriminate against any
employee, applicant for employment, or any person seeking the services of the Agency to be
provided under this Contract on the basis of race, color, religion, creed, sex, age, national origin,
marital status or presence of any sensory, mental or physical handicap.
13. Assignment and Subcontract. The Agency shall not assign or subcontract any
portion of the services contemplated by this Contract without the written consent of the City.
14. Entire Agreement. This Contract contains the entire agreement between the parties
hereto and no other agreements, oral or otherwise, regarding the subject matter of this Contract
shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the
Contract. Proposed changes which are mutually' agreed upon shall be incorporated by written
amendments to this Contract.
15. Notices. Notices required by terms of this Contract shall be sent to the other party
at the following addresses, unless otherwise requested, in writing, by one of the parties hereto:
TO THE CITY TO THE AGENCY:
City of Lakewood Mary Moss, President
6000 Main St SW Lakewood Multicultural Coalition
Lakewood, Washington 98499 6000 Main Street SW
Attention: Mary Dodsworth Lakewood, WA 98499
16. Applicable Law, Venue, Attorney' s Fees. This Contract shall be governed by and
construed in accordance with the laws of the State of Washington. In the event any suit, arbitration,
or other proceeding is instituted to enforce any term of this Contract, the parties specifically
understand and agree that venue shall be properly laid in Pierce County, Washington. The
prevailing party in any such action shall be entitled to its attorney's fees and costs of suit.
17. E-verify. The contractor and any subcontractors shall comply with E-Yerify as
set forth in Lakewood Municipal Code Chapter 1.42. The Contractor shall enroll in, participate
in and document use of E-Verify as a condition of the award of this Contract. The Contractor
shall continue participation in E-Verify throughout the course of the Contractor' s contractual
relationship with the City. If the Contractor uses or employs any subcontractor in the
performance of work under this Contract, or any subsequent renewals, modifications or
extension of this contract, the subcontractor shall register in and participate in E-Verify and
certify such participation to the Contractor. The Contractor shall show proof of compliance with
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this section, and/or proof of subcontractor compliance with this section, within three (3) working
days of the date of the City' s request for such proof.
IN WITNESS WHEREOF THE PARTIES HERETO EXECUTED THIS CONTRACT AS OF
THE DATE AND YEAR FIRST ABOVE WRITTEN.
Lakewood Multicultural Coalition
Jo date date
City Manager
Attest:
(!;l laNL ~
0ilLtfJ1.{(_ChM
Briana Schumacher
&/&0/!9
date
City Clerk
Approved as to Form:
&ff(~~ 5/31/ 11
' d! te
City Attorney
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Exhibit A
Lakewood Multicultural Coalition award: $2,000
Scope of Work
Description of Services
Lakewood Multicultural Coalition will support two community engagement
events:
1. Support a booth at SummerFEST (July 13, 2019) which will focus on
diversity and identity. The LMCC hopes to engage with
approximately 500 individuals (teens and adults).
2. Host a community forum in November, 2019 for youth. This will be
a learning session for the community to interact with police officers
and personnel. The LMCC anticipates 50 participants.
Budget: $2,000 for event registration, professional services, marketing and
event supplies.
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CITY OF LAKEWOOD
AFFIDAVIT OF COMPLIANCE WITH LAKEWOOD MUNICIPAL CODE 1.42
" E- VERIFY"
As the person duly authorized to enter into such commitment for
~oexfl (V/µji; L/d./fuA~oa ~
(Instructor, Company or Organization Name)
I hereby certify that the Company or Organization named herein will
(check one box below)
D Be in compliance with all of the requirements of City of Lakewood Municipal Code
Chapter 1.42 for the duration of the contract entered into between the City of Lakewood
and the Company or Organization.
* OR
Hire no employees for the term of the contract between the City and the Instructor,
Company or Organization.
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TO: Mayor and City Council
FROM: Brynn Grimley, Communications Manager
Becky Newton, Economic Development Manager
THROUGH: John J. Caulfield, City Manager
DATE: January 27, 2020
SUBJECT: Build Your Better Here promotional video review and update
The city of Lakewood embarked on an imaging campaign in 2018, partnering with
Hemisphere Design & Marketing to develop a strategic image and messaging campaign to
promote the many benefits of living and working in Lakewood.
A series of one-on-one phone interviews and four, in-person focus group meetings were
conducted in 2018 to gather information. The focus groups included city staff, first
responders, and representatives from Joint Base Lewis-McChord, education (k-12 and
higher) and Lakewood’s business community.
Armed with analysis from stakeholder feedback, a value proposition was crafted, brand
personas created and ultimately a tagline and anthem. The City Council approved moving
forward with the “Build Your Better Here” campaign in May 2019.
Hemisphere’s team has worked closely with the city’s Communications and Economic
Development departments to create print and digital components, including 30 second
videos focused on economic development and real estate already in use on social media.
Other components in play include print advertising and Facebook ads that link to a Build
Your Better Here website, which allows for tracking of campaign advertising reach.
In 2020 the city will roll out a more robust social media component, including release of a
90 second promotional video. We look forward to sharing this video at the study session for
City Council review.
Attachment: PowerPoint
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Lakewood Imaging Campaign
Update
Presentation to Lakewood City Council
January 27, 2020
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Lakewood: Build Your Better Here
Imaging campaign:
• Goal: Create a cohesive and compelling campaign to overcome
erroneous perceptions of Lakewood that delivers measurable results.
• Target audiences: Starters, Builders, Long-termers, Warriors.
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Strategy
Reaching out to the business community is not only the first step for building marketing momentum
and changing hearts and minds in Lakewood. It’s also the marketing goal with the clearest Return on
investment (ROI).
• We track clicks, visits, and other indicators of interest in business development in Lakewood to
understand how well the message is penetrating the market.
Short-term action plan:
• Introduce brand message (2019-2020)
• Convert Long-termers to brand ambassadors (2020)
• Help Starters learn about Lakewood housing (2020)
• Increase outreach to Builders about opportunities (2020)
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Promoting Lakewood
30 second promotional videos
90 second promotional video
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Digital Marketing
A successful digital campaign involves a coordinated strategy, compelling creative, and the right tools
to track success. Ads are created and managed directly on Lakewood’s social media and other digital
networks.
Digital ads
• Facebook ads: Target builders/real estate developers, manufacturing
• LinkedIn sponsored content: Target builders/real estate developers
• Google ads: Target warriors planning a move
• YouTube ads: Target multiple audiences
Landing pages
• Landing pages allow you to get clean data, produce more conversions, and understand which
marketing efforts are working. Use them when you want capture leads and track performance past
the initial click.
• LinkedIn users directed to a unique business development landing page.
• Print ads include BuildYourBetterHere.com.
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Campaign Elements
Current Upcoming
Videos: Facebook and LinkedIn 710 ESPN Radio
Google text: Promote buying homes Build Your Better Here 30 second radio spot will air 45 times on
in Lakewood to starters and warriors 710 ESPN between Feb. 10-29 during the hours of 6 a.m. and 7
Print: p.m. Monday-Friday. It will also stream 45 times as an audio
• Joint Base Lewis-McChord commercial and the campaign will have two “homepage
magazine
• Western Real Estate Business takeovers” on 710Sports.com for the full day.
magazine 14
• Business Xchange Journal
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Campaign Elements
Landing Pages
Dedicated landing pages track campaign success
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Metrics
With an imaging campaign, much of what we’re trying to do is
change public sentiment and raise awareness. A positive image
and greater visibility can directly translate into economic
growth, but it’s hard to measure. We can, however, track many
other success indicators, including:
• Contact form inquiries
• Email list growth of interested business decision makers
• Number of user-generated social media posts
• Likes, comments, engagement
• New followers
• Video watches
• Clicks to website
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Channels + Measurement
Ad performance December 2019
Total people reached: 214,579
Total clicks BuildYourBetterHere.com: 2,821
Facebook LinkedIn Google Ads
Impressions: 105,140 Impressions: 23,220 Impressions: 86,219
Clicks: 2,066 Clicks: 139 Clicks: 616
Landing page views: 964 Video views: 9,036 Conversions: 6
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Next Steps
Social media roll out
Each month will feature a new topic centered around the Build Your Better Here
campaign key objectives.
A glimpse at what’s ahead:
• February: Kick off the social media campaign with the 90 second video
• March: Focus on manufacturing with a new manufacturing video
• April: International District and food with a key influencer
• May: Real Estate focus on affordable “fixers” and Lakefront “finishes” with video
• June: Focus on teachers/CPSD and thanking them for their influence/inspiration
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TO: Mayor and City Council
FROM: David Bugher, Assistant City Manager for Development Services
THROUGH: John J. Caulfield, City Manager
DATE: January 27, 2020
SUBJECT: 2020-2024 Consolidated Plan; 2020 Action Plan
ATTACHMENT: Statutes codifying “2060” and “2163” Fund
Authorization; Human Services Funding Allocations 2009-2020
BACKGROUND: The City has will soon embark on the preparation of the Tacoma-
Lakewood Consortium 2020-2024 Consolidated Plan (ConPlan) and the 2020 Annual
Action Plan. These documents are complex and not well understood. Both the 2020-2024
ConPlan and the 2020 Annual Action Plan are on tight schedules for review and approval:
a March 16 study session, April 20 public hearing, and action on May 4. It is important to
note that Lakewood’s timeline mirrors the City of Tacoma’s timeline for review and
approval. After Tacoma’s approval, the documents are immediately forwarded to US
Department of Housing and Urban Development (HUD), Seattle Office.
Goals of this briefing:
Review the processes behind the 2020-2024 ConPlan and 2020 Action Plan.
Introduce the consultant preparing the ConPlan and Action Plan.
Briefly review the 2015-2019 ConPlan & Lakewood 2019 Action Plan.
Discuss with the City Council options/alternatives in shifting policy from the
previous strategies/objectives.
How do other cities spend their CDBG/HOME funds?
Integrating the 2019 community services assessment, which has yet to be
published, into the ConPlan process.
Before initiating the public participation component, hear directly from City
Council members about their specific issues and/or concerns.
DISCUSSION:
What is a Consolidated Plan? What is an Annual Action Plan?
The consolidated planning process serves as the framework for a community-wide dialogue
to identify housing and community development priorities that align and focus funding
from the federal CPD formula block grant programs. Of these, Lakewood accesses
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the Community Development Block Grant (CDBG) Program, HOME Investment
Partnerships (HOME) Program, and the Emergency Solutions Grants (ESG) Program.
A Consolidated Plan, or ConPlan, which may have a duration of between 3 and 5 years,
describes a jurisdiction’s (or a consortium of jurisdictions’) community development
priorities and multiyear goals based on an assessment of affordable housing and community
development needs, an analysis of housing and economic market conditions, and available
resources. Per HUD regulations, a consortium creates a single ConPlan that addresses
housing elements for all HOME recipients in the consortium as well as the non-housing
community development plans of all consortium CDBG entitlement recipients.
ConPlans have “life spans” that reflect the federal fiscal year (i.e., July 1 – June 30); as a
result, the 2020-2024 ConPlan will be effective from July 1, 2020 through June 30, 2025.
The ConPlan is carried out through Annual Action Plans, which provide a concise
summary of the actions, activities, and the specific federal and non-federal resources that
will be used each year to address the priority needs and specific goals identified by the
Consolidated Plan. Grantees report on accomplishments and progress toward Consolidated
Plan goals in the Consolidated Annual Performance and Evaluation Report (CAPER) that
is submitted to HUD. Action Plans also run from July 1 – June 30.
A requirement for developing a ConPlan is to hold public meetings to gain input from the
community, helping to capture feedback on the most urgent needs to ensure those needs are
aligned with the projects that obtain funding. CDBG projects must benefit low- and
moderate-income people, help with the prevention or elimination of slum or blight, or other
community development activities to address an urgent threat to health or safety.
The Tacoma-Lakewood Consortium: The Cities of Tacoma and Lakewood have formed a
consortium and are currently preparing the consortium’s 2020-2024 ConPlan and
accompanying 2020 Annual Action Plan. The 2020-2024 ConPlan will have shared
elements between the two cities - for instance, the analysis of impediments to fair housing
will be written addressing issues across both jurisdictions. The ConPlan will have a joint
section that is composed of two parts: the “Tacoma ConPlan” and the “Lakewood
ConPlan.” Both cities set individual goals that are aggregated into the overall consortium
goals. Each city prepares Annual Action Plans unique to their jurisdiction.
Contents of Tacoma-Lakewood Consortium ConPlans & Action Plans (10 components):
Demographic and economic trends in Tacoma and Lakewood that set the context for
the housing and community development needs and strategies discussed in later
sections. It also contains a detailed analysis of the cities’ housing market with
quantitative estimates of housing need.
Housing and community development needs of the cities’ special‐needs populations.
The section gives updated estimates of these populations and the programs and
initiatives to serve them.
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The findings from the public outreach processes conducted for the ConPlan, which
includes resident and stakeholder surveys, key person interviews, a stakeholder focus
group and public meetings and hearings.
5-year Strategic Plan.
Citizen Participation Plan.
Public Outreach Materials.
Public Comments received on the draft ConPlan.
HUD required certifications and SF424 Form.
Administration of Program.
Analysis of Impediments to Fair Housing Choice.
Targeted information from the ConPlan is then included in each Annual Action Plan,
which describes how the jurisdiction will use the funding received that year to meet
identified affordable housing as well as other goals and objectives.
Consultant: Tacoma selected the firm Enterprise Community Partners to prepare the 2020-
2024 ConPlan for both cities. This is a large firm with multiple offices throughout the
country; within the Pacific Northwest, their work has focused on the King County Home
and Hope program, which facilitated the development of affordable housing and early
childhood education centers on underutilized, tax-exempt sites owned by public agencies
and nonprofits in King County. Recently, Enterprise assisted the City of Tacoma with the
development of an affordable housing action strategy in response to the changing housing
market and increased displacement pressures faced by its residents. This is the first time
Lakewood staff has worked with Enterprise Community Partners.
Review of the Tacoma-Lakewood Consortium 2015-2019 ConPlan Plan:
Within the 2015-2019 ConPlan, Tacoma/Lakewood established three high priority needs:
Need for affordable housing choice;
Need for basic services and for homeless prevention and intervention; and
Need for community and economic development.
Based on these priorities, three goals were established:
Increase and preserve affordable housing choice;
Reduce homelessness and increase stability; and
Improve infrastructure, facilities and economic development.
ConPlan and Action Plan Funding Priorities: It is possible for a city to set funding
priorities for any period within a ConPlan’s horizon ranging from one to five years. The
funding priorities are then revisited on an annual basis when staff is compiling each Action
Plan, providing a Council opportunity to affirm or modify funding priorities when adopting
the Action Plan. In the past, the Lakewood City Council has set and implemented funding
priorities annually, while the Tacoma City Council has done so every two years.
Included below is a chart summarizing how Lakewood prioritized expenditures in the
previous two (i.e., 2010-2014 and 2015-2019) ConPlans.
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TABLE 1
Lakewood’s Funding Priorities as Ranked in the 2010-2014 and 2015-2019 ConPlans:
Description 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 AVG
Physical/
3 3 3 1 1 1 1 1 1 1 1.6
Infrastructure
Housing 4 4 4 3 3 3 2 2 2 2 2.9
Public Service 2 2 2 2 2 2 3 3 3 3 2.4
Economic
1 1 1 4 4 4 4 4 4 4 3.1
Development
Exactly What Does Each Funding Priority Allow?
Priority - Physical/Infrastructure Improvement
The policy for physical/infrastructure improvements is to support neighborhood
revitalization and improvements to spur economic development activities and improve
living conditions for lower income persons. Activities that support this policy include:
1. Construction or improvement of public facilities (i.e. sewers, streets, sidewalks,
alleys, lighting or related public improvements) in lower income residential
neighborhoods or for businesses that create and/or retain jobs for lower-income
persons.
2. Construction or rehabilitation of public or privately-owned, community service
facilities (i.e. community, senior and youth centers) that will provide a public
service benefiting low-income citizens.
3. Acquisition, development and improvement of parks, playgrounds and open
space in lower-income residential neighborhoods.
Priority - Housing
The policy for housing is to support economic development and job development/
retention by improving neighborhoods to expand opportunities for affordable housing
for lower-income individuals, and to preserve affordable housing to prevent
homelessness and to improve property values and neighborhood characteristics.
Activities that support this policy include:
1. Projects that develop or renovate housing to create housing near jobs and
promote economic viability.
2. Projects that conserve existing housing by making home repairs or rehabilitating
homes to meet building and housing codes.
3. Projects that provide affordable housing and homeownership and rental housing
opportunities.
4. Projects that support housing to accommodate persons with special needs.
5. Projects that provide housing for homeless or transitional shelter for homeless
persons.
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6. Projects that coordinate housing efforts in the city, county and neighboring
jurisdictions to assess housing needs and create affordable housing opportunities.
Priority – Public Service – 15% Cap
The policy for CDBG funded public service activities is to target low-income clientele.
Most of the City’s human services activities are supported through 1% of the City’s
General Fund. Projects funded must be a new service or provide an increase in service
levels provided and cannot supplant existing funding.
Priority – Economic Development
The policy for economic development is to create viable businesses in targeted areas and
to create and/or retain jobs for lower income persons.
Activities that support this policy include, not necessarily in priority order, the following:
1. Assistance to businesses to make exterior improvements to facilities.
2. Assistance for microenterprise businesses.
3. Loans to businesses expanding jobs for lower-income persons.
4. Infrastructure to support businesses.
Priority – Program Administration – 20% Cap
Regardless of how the remainder of ConPlan funds are allocated, program
administration will always require up to 20% of what Lakewood receives.
TABLE 2
CDBG Expenditure by Funding Priority (including Program Income*)
Physical/ Economic Section 108
Year Housing Public Service Administration
Infrastructure Development Loan Payment
2000 $537,860.10 $102,275.13 $34,030.65 $0.00 $103,618.22 $0.00
2001 $250,286.87 $126,611.96 $60,022.92 $0.00 $153,428.50 $0.00
2002 $451,438.00 $357,309.63 $78,145.68 $0.00 $144,068.86 $0.00
2003 $399,609.05 $350,528.50 $76,294.76 $0.00 $161,200.00 $0.00
2004 $294,974.47 $407,591.69 $80,490.00 $0.00 $136,552.91 $0.00
2005 $86,156.39 $359,033.03 $68,336.00 $0.00 $130,879.53 $0.00
2006 $164,000.00 $486,607.03 $70,645.37 $0.00 $99,091.68 $0.00
2007 $0.00 $427,346.00 $66,380.17 $0.00 $96,940.46 $0.00
2008 $9,871.81 $412,526.83 $66,818.21 $0.00 $108,065.99 $0.00
2009 $20,000.00 $433,021.09 $64,920.04 $0.00 $127,986.46 $0.00
2010 $522,544.00 $133,536.78 $84,394.14 $31,947.85 $131,686.11 $0.00
2011 $185,481.69 $268,584.51 $86,187.73 $0.00 $123,853.80 $0.00
2012 $0.00 $280,854.87 $34,701.05 $0.00 $100,871.31 $0.00
2013 $284,851.80 $301,829.41 $3,545.40 $13,229.84 $98,881.36 $0.00
2014 $160,000.00 $188,138.86 $48,065.71 $0.00 $108,853.98 $0.00
2015 $320,000.00 $85,806.36 $0.00 $0.00 $98,363.40 $0.00
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TABLE 2
CDBG Expenditure by Funding Priority (including Program Income*)
2016 $321,937.57 $164,351.72 $0.00 $0.00 $106,967.67 $0.00
2017 $266,002.50 $89,039.67 $0.00 $0.00 $96,106.18 $49,311.26
2018 $300,000.00 $210,376.36 $0.00 $0.00 $102,580.28 $49,812.66
2019 $0.00 $73,385.91 $0.00 $0.00 $33,291.64 $383.64
TOTAL $4,575,014.25 $5,258,755.34 $922,977.83 $45,177.69 $2,263,288.34 $99,507.56
*Program
Income 0.00 $559,959.06 $0.00 $10,179.52 $155,179.29 $0.00
Included in
Total
Other Jurisdictions’ 2019 Action Plan Funding Allocations: Table 3 outlines CDBG and
HOME fund allocations for Auburn, Bremerton, Federal Way, Lakewood, Tacoma and
Olympia. This information was provided through a review of several HUD websites. Of
the selected cities, all are in a Consortium. Consortiums are the means by which cities
access HOME funds.
TABLE 3
2019 CDBG & HOME Fund Allocations for Selected Cities
City CDBG-19 HOME-19 Total Award
Auburn (C) $595,742 $241,762 $837,504
Bremerton (C) $429,362 $207,954 $637,316
Federal Way (C) $691,143 $304,380 $995,523
Lakewood (C) $563,124 $390,174 $953,298
Olympia (C) $368,906 $247,617 $616,523
Tacoma (C) $2,506,226 $959,596 $3,465,822
(C) Indicates a consortium with another agency. Auburn and Federal Way are in a Consortium with King
County. Lakewood is in a Consortium with the City of Tacoma. Olympia is in a Consortium with
Thurston County.
CDBG Expenditures 2019 – National Average:
• 35.95% – Physical Infrastructure/Public Improvements
• 24.35% – Housing
• 14.41% – Administration
• 10.8% – Public Service
• 6.18% – Economic Development
• 5.42% – Acquisition/Relocation/Demolition
• 2.89% – Other/Repayment of Section 108 Loans
Changing Policy Direction: In past Council meetings, there has been some discussion
about changing policy direction and using CDBG and HOME dollars differently. Should
the Council wish to do so, included below are several recommendations for consideration.
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• Work backwards on developing strategic policies. Develop anticipated annual
objectives first, and ensure that they are consistent with the National Objectives.
• Make certain strategic policies are broad enough to support anticipated annual
objectives.
• Because Lakewood is in a Consortium, its strategic policies must align with
Tacoma’s.
• Lakewood’s annual entitlement awards are relatively small; this restricts possible
options. To be effective over time, objectives in the Annual Actions Plans should not
change significantly from year to year.
• Consider setting funding priorities less frequently (e.g, once every two years or when
a ConPlan is adopted) to allow for continuity and efficient program administration.
Future Action Plans could focus on economic development (job training programs),
affordable housing (increasing residential densities continues to be a topic in the
Washington State Legislature), preserving housing stock (continue and expand major repair
and rehabilitation programs and the Rental Housing Safety Plan (RHSP)), homelessness
prevention (continue funding those organizations that receive funding through the 1 percent
program that assists in reducing homelessness, assisting with utility payments, etc.)
Under the affordable housing category, the pending Lakewood Station District subarea
plan, new affordable housing construction and major home repair are continual topics.
Some initial housing “partners” have been identified including Habitat for Humanity,
Rebuilding Together South Sound, the Korean Women’s Association, Comprehensive Life
Resources, and Harborstone Credit Union.
Lakewood 2019-2020 Human Services Community Needs Assessment: Even though the
Community Needs Survey has not been completed, some initial findings have been
reported. Three general categories of concern have been identified:
• Affordable housing and homelessness;
• Safety; and
• Youth mental health.
Interestingly, the issue of safety is tied directly with the perception that homelessness causes
crime.
Attachments Enclosed:
Attachment A provides information on the Pierce County SHB 2060 and HB 2163 funding
allocations. These two programs collect document recording fees to be used for housing
programs. Attachment B presents the City of Lakewood Human Services Funding History
from 2009- 2020.
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ATTACHMENT A –
2060 and 2163 Funding Explanations
“2060 Funds” (Affordable Housing for All Funds): RCW 36.22.178
The surcharge provided for in this section shall be named the affordable housing for all
surcharge.
(1) Except as provided in subsection (3) of this section, a surcharge of thirteen dollars
per instrument shall be charged by the county auditor for each document recorded, which
will be in addition to any other charge authorized by law. The county may retain up to five
percent of these funds collected solely for the collection, administration, and local
distribution of these funds. Of the remaining funds, forty percent of the revenue generated
through this surcharge will be transmitted monthly to the state treasurer who will deposit:
(a) The portion of the funds attributable to ten dollars of the surcharge into the
affordable housing for all account created in RCW 43.185C.190. The department of
commerce must use these funds to provide housing and shelter for extremely low-
income households, including but not limited to housing for victims of human
trafficking and their families and grants for building operation and maintenance costs
of housing projects or units within housing projects that are affordable to extremely
low-income households with incomes at or below thirty percent of the area median
income, and that require a supplement to rent income to cover ongoing operating
expenses; and
(b) the portion of the funds attributable to three dollars of the surcharge into the
landlord mitigation program account created in RCW 43.31.615.
(2) All of the remaining funds generated by this surcharge will be retained by the
county and be deposited into a fund that must be used by the county and its cities and towns
for eligible housing activities as described in this subsection that serve very low-income
households with incomes at or below fifty percent of the area median income. The portion
of the surcharge retained by a county shall be allocated to eligible housing activities that
serve extremely low and very low-income households in the county and the cities within a
county according to an interlocal agreement between the county and the cities within the
county consistent with countywide and local housing needs and policies. A priority must be
given to eligible housing activities that serve extremely low-income households with
incomes at or below thirty percent of the area median income. Eligible housing activities to
be funded by these county funds are limited to:
(a) Acquisition, construction, or rehabilitation of housing projects or units within
housing projects that are affordable to very low-income households with incomes at
or below fifty percent of the area median income, including units for
homeownership, rental units, seasonal and permanent farmworker housing units,
units reserved for victims of human trafficking and their families, and single room
occupancy units;
(b) Supporting building operation and maintenance costs of housing projects or units
within housing projects eligible to receive housing trust funds, that are affordable to
very low-income households with incomes at or below fifty percent of the area
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median income, and that require a supplement to rent income to cover ongoing
operating expenses;
(c) Rental assistance vouchers for housing units that are affordable to very low-
income households with incomes at or below fifty percent of the area median
income, including rental housing vouchers for victims of human trafficking and their
families, to be administered by a local public housing authority or other local
organization that has an existing rental assistance voucher program, consistent with
or similar to the United States department of housing and urban development's
section 8 rental assistance voucher program standards; and
(d) Operating costs for emergency shelters and licensed overnight youth shelters.
(3) The surcharge imposed in this section does not apply to assignments or
substitutions of previously recorded deeds of trust or to documents recording a federal lien
or satisfaction of lien.
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“2163 Funds” (Homelessness Housing and Assistance Act Funds): RCW 36.22.179 and
RCW 43.185c.050
36.22.179 Surcharge for local homeless housing and assistance - Use.
(1) In addition to the surcharge authorized in RCW 36.22.178, and except as
provided in subsection (3) of this section, an additional surcharge of sixty-two dollars shall
be charged by the county auditor for each document recorded, which will be in addition to
any other charge allowed by law. Except as provided in subsection (4) of this section, the
funds collected pursuant to this section are to be distributed and used as follows:
(a) The auditor shall retain two percent for collection of the fee, and of the remainder
shall remit sixty percent to the county to be deposited into a fund that must be used by the
county and its cities and towns to accomplish the purposes of chapter 484, Laws of 2005, six
percent of which may be used by the county for the collection and local distribution of these
funds and administrative costs related to its homeless housing plan, and the remainder for
programs which directly accomplish the goals of the county's local homeless housing plan,
except that for each city in the county which elects as authorized in RCW 43.185C.080 to
operate its own local homeless housing program, a percentage of the surcharge assessed
under this section equal to the percentage of the city's local portion of the real estate excise
tax collected by the county shall be transmitted at least quarterly to the city treasurer,
without any deduction for county administrative costs, for use by the city for program costs
which directly contribute to the goals of the city's local homeless housing plan; of the funds
received by the city, it may use six percent for administrative costs for its homeless housing
program.
(b) The auditor shall remit the remaining funds to the state treasurer for deposit in
the home security fund account to be used as follows:
(i) The department may use twelve and one-half percent of this amount for
administration of the program established in RCW 43.185C.020, including the costs of
creating the statewide homeless housing strategic plan, measuring performance, providing
technical assistance to local governments, and managing the homeless housing grant
program.
(ii) The remaining eighty-seven and one-half percent of this amount must be used as
follows:
(A) At least forty-five percent must be set aside for the use of private rental housing
payments; and
(B) All remaining funds are to be used by the department to:
(I) Provide housing and shelter for homeless people including, but not limited to:
Grants to operate, repair, and staff shelters; grants to operate transitional housing; partial
payments for rental assistance; consolidated emergency assistance; overnight youth shelters;
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grants and vouchers designated for victims of human trafficking and their families; and
emergency shelter assistance; and
(II) Fund the homeless housing grant program.
(2) A county issuing general obligation bonds pursuant to RCW 36.67.010, to carry
out the purposes of subsection (1)(a) of this section, may provide that such bonds be made
payable from any surcharge provided for in subsection (1)(a) of this section and may pledge
such surcharges to the repayment of the bonds.
(3) The surcharge imposed in this section does not apply to (a) assignments or
substitutions of previously recorded deeds of trust, (b) documents recording a birth,
marriage, divorce, or death, (c) any recorded documents otherwise exempted from a
recording fee or additional surcharges under state law, (d) marriage licenses issued by the
county auditor, or (e) documents recording a federal, state, county, or city lien or
satisfaction of lien.
(4) Ten dollars of the surcharge imposed under subsection (1) of this section must be
distributed to the counties to carry out the purposes of subsection (1)(a) of this section.
(5) For purposes of this section, "private rental housing" means housing owned by a
private landlord and includes housing owned by a nonprofit housing entity.
RCW 43.185C.050 Local homeless housing plans.
(1) Each local homeless housing task force shall prepare and recommend to its local
government legislative authority a five-year homeless housing plan for its jurisdictional area,
which shall be not inconsistent with the department's statewide guidelines issued by
December 1, 2018, and thereafter the department's five-year homeless housing strategic
plan, and which shall be aimed at eliminating homelessness. The local government may
amend the proposed local plan and shall adopt a plan by December 1, 2019. Performance in
meeting the goals of this local plan shall be assessed annually in terms of the performance
measures published by the department. Local plans may include specific local performance
measures adopted by the local government legislative authority, and may include
recommendations for any state legislation needed to meet the state or local plan goals.
(2) Eligible activities under the local plans include:
(a) Rental and furnishing of dwelling units for the use of homeless persons;
(b) Costs of developing affordable housing for homeless persons, and services for
formerly homeless individuals and families residing in transitional housing or permanent
housing and still at risk of homelessness;
(c) Operating subsidies for transitional housing or permanent housing serving
formerly homeless families or individuals;
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(d) Services to prevent homelessness, such as emergency eviction prevention
programs including temporary rental subsidies to prevent homelessness;
(e) Temporary services to assist persons leaving state institutions and other state
programs to prevent them from becoming or remaining homeless;
(f) Outreach services for homeless individuals and families;
(g) Development and management of local homeless plans including homeless
census data collection; identification of goals, performance measures, strategies, and costs
and evaluation of progress towards established goals;
(h) Rental vouchers payable to landlords for persons who are homeless or below
thirty percent of the median income or in immediate danger of becoming homeless; and
(i) Other activities to reduce and prevent homelessness as identified for funding in the
local plan.
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ATTACHMENT B
Human Services Funding Allocations 2009-2020
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Presentation to Lakewood City Council:
Tacoma-Lakewood 2020-2024 Consolidated Plan
Presented by
Anna Ravindranath
Program Officer
Enterprise Advisors
P (202) 403-8028| aravindranath@enterprisecommunity.org
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Presentation Overview
• Describe the 2020-2024 Tacoma-Lakewood
Con Plan scope, outputs/outcomes and
schedule.
• Explain the relationship between the
Consolidated Plan and other City initiatives.
• Discuss the expectations engagement
process.
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Consolidated Plan Scope
Assess & Prioritize
Decide Act
Identify & Align
Engage
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Consolidated Plan Outputs and Outcomes
• 5-Year Plan, with Goals and Strategies to inform priorities for federal
grants.
▫ Community Development Block Grant (CDBG)
▫ HOME Investments Partnership Program (HOME)
• Grant funding generally intended to benefit lower-income persons and
neighborhoods, and can be used for housing, services, neighborhood
improvements, and job development.
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Consolidated Plan Schedule
Assess & Prioritize & Decide Act
Identify Align
Develop goals, Adopt Con
March-April May onward
Dec-Jan February
Assess needs, Prioritize needs strategies, and Plan
analyze market, and impediments actions Implement
identify barriers to address Draft Con Plan Year 1 Action
and fair housing Align with other and gather Plan
impediments plans feedback
Informed by stakeholder and community engagement and prior planning processes
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Relationship of the Con Plan to the AI Update
Impediments
to Fair
Priority Housing
Impediments
Action to
Address
Impediments
Consolidated Plan
Strategy 37
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Fair Housing Protected Classes
City
State
Federal
•Disability • Creed • Ancestry
•Race • Sexual Orientation • Marital Status
•Sex • Gender identity and • Age (over 40)
•Color gender expression • Use of Section 8
•National Origin • Honorably discharged certificate or other
•Religion veteran or military alternative sources of
•Family Status status income
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Expectations for Planning Commission Involvement
Today April 20
Clear understanding of Present Draft Con Plan for
scope and process review (coincide with
High-level input public comment period).
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Questions?
Anna Ravindranath
Program Officer
Enterprise Advisors
P (202) 403-8028| aravindranath@enterprisecommunity.org
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January 28, 2020
Pierce Transit Board of Commissioners
PO Box 99070
3701 96th Street SW
Lakewood, WA 98499
Dear Chair Woodards and Commissioners:
This letter is in reference to the ongoing work to update Destination 2040, Pierce
Transit’s Long Range Plan. Thank you for your consideration of these comments.
Pierce Transit’s 2019-2024 Transit Development Plan (TDP) Appendix C includes
description of the Pacific Avenue/SR7 Corridor Bus Rapid Transit (BRT) route. The
alignment is in a generally north/south orientation between Spanaway to the south and
the Commerce Street Transit Center in downtown Tacoma to the north. A majority of the
route is along Pacific Avenue/SR 7. At the south end of downtown Tacoma, the BRT
service will deviate to serve the Tacoma Dome Station.
Also included in Appendix C of Pierce Transit’s 2019-2024 TDP are two unprogrammed/
unfunded capital projects to create High Capacity Transit (HCT) and limited stop service
that would benefit Lakewood:
Route 3 (along Pacific Avenue and South Tacoma Way from downtown Tacoma
to the Lakewood Towne Center), or
Route 2 (along South 19th Street and Bridgeport Way from Downtown Tacoma to
Lakewood Towne Center).
The TDP states that “in order to build ridership for an additional BRT route [to the
Lakewood Town Center], limited stop/express overlays could be developed and analyzed
as an interim measure, as well as to test the viability of an enhanced, rapid, and high
capacity fixed route service.”
Lakewood supports Bus Rapid Transit (BRT) in Tacoma along Pacific Avenue south to
the Parkland/Spanaway area. The city also strongly supports the next proposed BRT
route (BRT 2) from Tacoma along South Tacoma Way and Pacific Avenue into
Lakewood (along with any interim measures required.) The city thanks Pierce Transit for
taking a leadership role for this project, including seeking the state funding necessary to
initiate the planning process, since it was not included in the final Sound Transit 3 (ST3)
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package. However, Lakewood and other southern Pierce County areas need the BRT route to extend
further south.
Today, there are parts of Lakewood that do not have access to regular public transportation options to
best suit their schedules; these happen to be our most economically challenged neighborhoods. In 2014,
the United States census estimated that 19.6% of Lakewood residents are living in poverty and 13.6% of
Lakewood residents are over 65 years old. Recognizing the increasing needs of our population, we want
to ensure that we take a proactive approach to assist those living near or below the poverty line and our
aging population.
Recognizing the increasing needs of our population, the Lakewood Council wants to ensure that we take
a proactive approach to assist those living near or below the poverty line and our aging population. BRT
will provide opportunity to some of our most disadvantaged citizens by providing access to jobs and
other economic prospects that currently do not exist. BRT will also serve as a catalyst for making
neighborhoods such as Springbrook and Tillicum more livable, increasing individual socioeconomic
status, creating more equitable opportunities and providing transportation options currently not available
for those living in these Lakewood neighborhoods.
Lakewood requests that Pierce Transit implement a BRT line from the Tacoma Dome Sound Transit
Station, south along South Tacoma Way into Lakewood, to Pacific Highway South, then to a future
Connector road terminating at a future Sound Transit station in Tillicum to also serve JBLM.
Lakewood is strategically located along the I-5 Corridor and is the “host community” for
Joint Base Lewis-McChord (JBLM) and Camp Murray, which serve a combined population of nearly
150,000 people. Our community is home to nearly 60,000 residents and close to 4,000 businesses
employing approximately 24,000 workers. Local public transit options serve not only the City, JBLM
and Camp Murray, but also residents of Steilacoom, University Place, DuPont, Tacoma and
unincorporated Pierce County, including Spanaway and Parkland. A BRT connection to the planned
Sounder Station near Tillicum will ensure that JBLM service members, their families and federal
civilian workers will have access to public transit.
Adding BRT along South Tacoma Way to Pacific Highway South and terminating at the future Tillicum
Sounder Station will create a route that will serve major employment and education centers. This
includes:
the Lakewood Industrial Park, the fourth largest private employment site in Pierce County;
Clover Park Technical College, with an enrollment of 3,500 full-time and 18,000 part-time
students plus over 400 employees and teachers;
the Woodbrook Industrial Park, which will be another major employment center with upwards of
3,500 employees in the coming years;
JBLM, Washington State’s largest single-point employer; and
Camp Murray.
If the goal of Destination 2040 and the Transportation Development Plans is to create more regional
connectivity to the transit system, a BRT route extending further south than the Lakewood Towne
Center to DuPont and allowing connectivity to Steilacoom is the only logical action.
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Thank you again for your consideration of these comments. Sincerely,
Don Anderson, Mayor
CC:
Jason Whalen, Deputy Mayor
Marie Barth, Councilmember
Paul Bocchi, Councilmember
Mike Brandstetter, Councilmember
Mary Moss, Councilmember
John Simpson, Councilmember
John Caulfield, City Manager
Commissioner Victoria Woodards, Chair
Commissioner Marty Campbell, Vice Chair
Commissioner Kent Keel
Commissioner Nancy Henderson
Commissioner Don Anderson
Commissioner Daryl Eidinger
Commissioner Robin Farris
Commissioner Bruce Dammeier
Darin L. Stavish, AICP, Pierce Transit Principal Planner
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January 28, 2020
Paul Roberts, Chair, Board of Directors
Puget Sound Clean Air Agency (PSCAA)
1904 Third Avenue, Suite 105
Seattle, WA 98101
Email: CleanFuels@pscleanair.org
Dear Chair Roberts and Members of the PSCAA Board of Directors:
This letter follows up on Lakewood’s December 9, 2019 letter to the PSCAA Board of
Directors regarding PSCAA’s proposed regional clean fuel standard (CFS.) Thank you
for your consideration of these comments; as with the December 9 letter, the City of
Lakewood looks forward to PSCAA’s responses to questions submitted herein.
On January 16, the State Supreme Court issued a decision (Ass'n of Wash. Bus. v. Dep't
of Ecology, Slip Opinion No. 95885-8) addressing whether the Department of Ecology
(ECY) can establish and enforce greenhouse gas emission standards for businesses and
utilities that do not directly emit greenhouse gases. The Court held that ECY does not
because such standards exceed ECY’s statutory authority as expressed in the plain
language of the Washington Clean Air Act (Ch. 70.94 RCW.)
As stated in the Slip Opinion beginning at page 8:
"Administrative '[r]ules must be written within the framework and policy of the
applicable statutes,' and so long as the rule is 'reasonably consistent with the
controlling statute[s],' an agency does not exceed its statutory authority."
Swinomish Indian Tribal Cmty. v. Dep't of Ecology, 178 Wn.2d 571, 580, 311
P.3d 6 (2013) (alterations in original) (citation omitted) (quoting Dep't of Labor
& Indus, v. Gongyin, 154 Wn.2d 38, 50, 109 P.3d 816 (2005); Wash. Pub. Ports
Ass 'n, 148 Wn.2d at 646). But "'[a]dministrative rules or regulations cannot
amend or change legislative enactments.'" Dep't of Ecology v. Campbell &
Gwinn, LLC, 146 Wn.2d 1, 19, 43 P.3d 4 (2002) (quoting Dep't of Ecology V.
Theodoratus, 135 Wn.2d 582, 600, 957 P.2d 1241 (1998)). "[R]ules that are
inconsistent with the statutes they implement are invalid." Bostain v. Food
Express, Inc., 159 Wn.2d 700, 715, 153 P.3d 846 (2007). And while "'we
generally accord substantial deference to agency decisions, we do not defer to an
agency the power to determine the scope of its own authority.'" Lenander v.
Dep't of Ret. Sys., Ass'n of Wash. Bus. v. Dep't of Ecology, 186 Wn.2d 393, 409,
i' ll P.3d 199 (2016) (quoting In re Registration of Elec. Lightwave, Inc., 123
Wn.2d 530, 540, 869 P.2d 1045 (1994)).
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The Court continues on pages 9 -10:
Our fundamental objective is to determine and carry out the legislature's intent. Id. When
"the statute's meaning is plain on its face, [we] must give effect to that plain meaning." Id. To
determine plain meaning, we consider "all that the Legislature has said in the statute and
related statutes which disclose legislative intent about the provision in question." Id. at 11.
We also look to "the context of the statute in which that provision is found, related
provisions, and the statutory scheme as a whole" to determine plain meaning. State V. Engel,
166 Wn.2d 572, 578, 210 P.3d 1007 (2009).
[In conclusion, w]hile the Act does grant Ecology significant authority to regulate emissions
in the manner it deems best, Ecology cannot exercise this authority outside the scope
delineated by the legislature. RCW 34.05.570(2)(c).
The Court further states at page 14 that
Our task is to determine what the legislature intended by this provision - namely, the scope of
the authority the legislature intended to grant Ecology. Campbell & Gwinn, LLC, 146 Wn.2d
at 9. We do not defer to agency interpretations of their own authority because their
interpretation could have been what the legislature intended.” Lenander, 186 Wn.2d at 409.
(Italics in original.)
Lakewood reiterates its request for the PSCAA to explain how its proposed rule follows the
Legislature’s position regarding any agency’s action to adopt a clean fuel standard in 2ESSB 5987 (the
state transportation “Connecting Washington” package):
(C) Nothing in this subsection acknowledges, establishes, or creates legal authority for
the department of ecology or any other state agency to enact, adopt, order, or in any way
implement a fuel standard based upon or defined by the carbon intensity of fuel,
including a low carbon fuel standard or clean fuel standard.
(Underlining added.)
The PSCAA is a regional government agency chartered by state law in 1967 – it is a state agency. It has
authority under the Washington Clean Air Act (RCW 70.94) and SEPA (RCW 43.21(C) and WAC 197-
11) to enforce the Clean Air Act in Puget Sound (King, Snohomish, Pierce and Kitsap Counties),
including assessing civil and criminal penalties against violators. Given the Legislature’s explicit
position on a CFS and on a state agency’s ability to adopt one, the City requests that PSCAA explain the
source of its legal authority to propose and/or enforce a regional CFS.
A Clean Fuel Standard is a State Level Issue
Just as the Washington Clean Air Act (RCW 70.94) is a state law, a clean fuel standard intended to
encourage or force compliance with the Act is a state level issue and should be addressed by the
Legislature and/or referendum process. The PSCAA has stepped beyond its authority and beyond the
intent of the State Legislature with this proposed regional CFS.
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The City of Lakewood again urges that the PSCAA Board reject this proposed rule. It is a worst-case
example of regulatory overreach; adoption would be the very antithesis of democratic government.
Sincerely,
Don Anderson, Mayor
CC:
Jason Whalen, Deputy Mayor
Marie Barth, Councilmember
Paul Bocchi, Councilmember
Mike Brandstetter, Councilmember
Mary Moss, Councilmember
John Simpson, Councilmember
John Caulfield, City Manager
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