City Council Regular Meeting Agenda

Please note: Due to the Governor's orders related to public gatherings and the Open Public Meetings Act during theCOVID-19 pandemic, the council meeting will occur remotely via internet and phone access. The meeting can be

watched and listened to via live streaming on the city website (Agendas-Minutes-and-Videos page). The phonenumber to call is: 253-215-8782; Meeting ID: 974 6633 1782.

Citizen comments will be accepted via email at info@ci.puyallup.wa.us until 5:30 p.m. During the meeting, the CityClerk will note the name of the submitter and the date it was received which will be made part of the record. These

emails will be distributed to City Council.**************************************************************************************************

Tuesday, May 19, 20206:30 PM

ROLL CALL

APPROVAL OF AGENDA

1. CONSIDERATION OF MINUTES

1.a Minutes of April 14 and April 28, 2020April 14, 2020 Draft MinutesApril 28, 2020 Draft Minutes

2. PRESENTATIONS AND PROCLAMATIONS

2.a Proclamation: National Police WeekProclamation

CITIZEN COMMENTS -- CLERK NOTES COMMENTS RECEIVED

3. CONSENT AGENDA

3.a Approve the annual renewal of a service agreement with Motorola Solutions, for public safety radio system support

3.b Approve accounts payable, payroll, and electronic fund transfers of $5,450,681.50.Warrant Register

4. ORDINANCES

4.a First reading of an ordinance regarding Exposing Minor Child to Domestic ViolenceOrdinance

4.b First reading of an ordinance establishing a biennial budget for the city effective January 1, 2021Ordinance

4.c First reading of an ordinance amending Titles 14 (Water and Sewers) and 21 (Environment) of the Puyallup MunicipalCode establishing a temporary permit fee deferral program regarding impact fees and system development chargesOrdinance

5. RESOLUTIONS

5.a Resolution authorizing submittal of a grant application to the Washington State Recreation and Conservation Office forthe Van Lierop Park Playground ProjectResolution

5.b Resolution Authorizing the Use of Digital and Electronic SignaturesResolution 1

5.c Resolution setting a public hearing date related to a proposed right-of-way vacation of a portion of 3rd Ave NW relating tothe Sound Transit Parking Garage ProjectResolutionVicinity MapApplication - Petition

6. OTHER BUSINESS

CITY MANAGER'S REPORT

COUNCIL REPORTS

MAYOR'S REPORT

ADJOURNMENT

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

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City Council Agenda Item Report

Submitted by: Cindy HuffSubmitting Department: City Clerk's OfficeMeeting Date: 5/19/2020

Subject:Minutes of April 14 and April 28, 2020

Presenter:

Recommendation:

Background:

Council Direction:

Fiscal Impacts:

ATTACHMENTSApril 14, 2020 Draft MinutesApril 28, 2020 Draft Minutes

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Due to the Governor's orders related to public gatherings and the Open Public Meetings Act during the COVID-19 pandemic, the council meeting occurred remotely with Councilmember participation occurring by internet and phone access.

City of Puyallup Regular City Council Meeting

April 14, 2020 COUNCILMEMBERS PRESENT: Mayor Door, Deputy Mayor Palmer, Councilmember Farris, Councilmember Jacobsen, Councilmember Kastama, Councilmember Johnson and Councilmember Witting APPROVAL OF THE AGENDA Council Action: A motion was made by Councilmember Kastama and seconded by Councilmember Johnson to approve the agenda. The motion passed 7-0. CONSIDERATION OF MINUTES Council Action: A motion was made by Councilmember Witting and seconded by Deputy Mayor Palmer to approve the minutes of February 4, 2020. The motion passed 7-0. CITIZEN COMMENTS RECEIVED BY CITY CLERK Citizen comments were accepted by email until 5:30 p.m., on April 14, 2020. The City Clerk read the name(s) of the submitter and the date it was received into the record. All comments were distributed to the City Council as part of the official city record. Ms. Jessie Gamble (received on April 13, 2020 at 11:08 a.m.) CONSENT AGENDA Award a contract to R.W. Scott, Inc. for construction of the Manorwood Water Main Replacement Project Approve a contract with Seattle Diving Services, LLC, for the Annual Clark’s Creek Elodea Removal Project Council Action: A motion was made by Councilmember Farris and seconded by Councilmember Jacobsen to approve the consent agenda. The motion passed 7-0. ORDINANCES First reading of an ordinance adopting temporary time extensions to a variety of land use permits and approvals

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City Council Minutes April 14, 2020

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Development Services Director Tom Utterback noted staff’s efforts in working with several permit customers whose projects have been impacted by the COVID-19 shutdown. In response to the current situation and a desire to assist customers, the proposed ordinance will implement a six-month time extension to the expiration date of certain development related permits and land use actions, over and above any administrative time extension allowances already in place. Council Action: A motion was made by Deputy Mayor Palmer and seconded by Councilmember Witting to approve first reading of the ordinance. The motion passed 7-0. RESOLUTIONS Approve a resolution extending the due date for first quarter gambling taxes Finance Director Barbara Lopez explained that the first quarter gambling taxes are due by April 20th; however, many businesses are closed due to the COVID-19 shutdown. Recognizing the economic hardship to local businesses due to the recent pandemic, this resolution provides the ability to for the Finance Director to extend the due date to June 30. Council Action: A motion was made by Councilmember Johnson and seconded by Councilmember Farris to approve the resolution. The motion passed 7-0.

RESOLUTION NO. 2405

A RESOLUTION of the City Council of the City of Puyallup, Washington extending the first quarter gambling tax due date to June 30, 2020

OTHER BUSINESS Letter to Governor Inslee regarding scope of essential businesses City Manager Steve Kirkelie outlined the basis behind the draft letter to Governor Inslee. He pointed out that the draft letter models the efforts of the Washington State Auto Dealers’ Association, to request some modifications to the current order and allow them some ability to operate. He advised of a meeting that he and Economic Development Manager Meredith Neal planned to attend with the local auto dealers later in the week for a discussion on their plan and what they are seeking. He anticipated being able to provide more information to the city council after that meeting. Councilmembers expressed their opinions on the letter, the devastating impacts of the COVID-19 virus, the need for and eventual easing of social distancing requirements, and the consequences of council actions. The councilmembers were supportive of assisting the car dealers and business community; however, expressed some division on the question of sending the letter as written. Some felt that it was worded too broadly, with others suggesting that the letter should not be sent until after the meeting with the auto dealers. All agreed on the need to act quickly.

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City Council Minutes April 14, 2020

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Council Action: A motion was made by Councilmember Jacobsen and seconded by Councilmember Kastama to adopt the letter as written regarding the scope of essential businesses. Councilmembers continued their comments regarding the letter. Deputy Mayor Palmer wished to see some mention of the phasing in for the re-opening of businesses. Councilmember Kastama discussed sending a general letter of support for the auto dealerships but to include provisions to protect against the spread of the virus. Councilmember Johnson felt comfortable with moving the letter of support forward as written. Council Action: A motion was made by Councilmember Farris and seconded by Councilmember Jacobsen to include a friendly amendment to the motion, to allow the city manager to compile a letter with comments voiced by council and include any verbiage he deems necessary after the meeting with the Auto Dealers Association and the Chamber of Commerce. Councilmembers continued with their comments, with each voicing their view of the motion and the content of the letter. Deputy Mayor Palmer felt it critical that implicit information be included in the letter for after the expiration of the May 4th restrictions and Councilmembers Farris and Kastama agreed. Councilmembers Johnson and Witting were supportive of the letter as is. Mayor Door was receptive of the motion and having the city manager bring forth an additional draft for consideration. Councilmember Jacobsen objected as she felt the discussion did not reflect the intent of the motion and she wished to withdraw her second. The City Attorney and the City Manager clarified their understanding of the motion, after which Mayor Door proposed voting the motion down and restating the amendment. Mayor Door called for the vote. The motion to approve the friendly amendment failed unanimously. Council Action: A motion was made by Deputy Mayor Palmer and seconded by Councilmember Farris to include a friendly amendment to the motion, for the City Manager to meet with the auto dealers, to include any language from the meeting he deems necessary to finalizing the letter, with the addition of verbiage expressing councils’ support of the auto dealers business plan intended to address social distancing and slow the spread of COVID-19. The motion failed 3-4 (Kastama, Johnson, Witting, Jacobsen). Mayor Door called for the vote on the original motion authorizing the City Manager to send the letter to Governor Inslee as written. The motion passed 4-3 (Farris, Palmer, Door). Due to the disagreement over the content of the letter, Mayor Door polled the councilmembers on their preference on who should sign the letter. The majority council expressed preference to having the City Manager sign on behalf of the City Council.

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City Council Minutes April 14, 2020

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CITY MANAGER’S REPORT Mr. Kirkelie identified April 28th as the City Council’s next meeting date. He anticipated staff providing a list of 2020 Capital Improvement Projects and recommendations on which projects should move forward and which projects could be delayed. COUNCIL REPORTS Councilmember Jacobsen voiced the difficulty of making decisions remotely versus the open public meeting format. She was pleased with the decision to send a letter to Governor Inslee showing appreciation for his efforts and asking for the lifting of some restrictions if possible. She thanked the first responders for their efforts during the pandemic. Councilmember Farris issued a reminder about her list of resources that she had distributed to council and reminded citizens to wear their masks when going outside. She thanked the grocery and delivery personnel for their steadfastness in delivering necessary household items. Councilmember Kastama wondered at the state and federal discussions currently underway regarding the economy. He thanked the councilmembers for the hearty discussion this evening. Councilmember Johnson recognized the attributes and strengths of his fellow councilmembers, city staff and the City Manager through the economic discussion and subsequent approval of a letter to Governor Inslee. Councilmember Witting also recognized the contributions of councilmembers and voiced the difficulty to achieve a full concensus by seven individuals. He appreciated coming together and moving forward with a letter. He noted his personal letter to Governor Inslee and stated that he would share it with Mr. Kirkelie should any other councilmembers wish to add their signature. Deputy Mayor Palmer noted the challenge to agree on a letter made difficult by doing it through a phone conversation. He voiced his thoughts regarding social distancing, the medical community’s recommendations, and the need for more testing and personal protection equipment. MAYOR’S REPORT Mayor Door advised that the moratorium on evictions will expire on April 17th. and of her efforts to contact the Governor’s office to see if it would be extended. The Governor’s office anticipates making an announcement shortly. Should it not be extended, she pointed out that the Community Grants Committee may need to meet and make a recommendation on the rental assistance that was not necessary during the moratorium. She appreciated Councilmember Farris for her work on the list of resources and the council for their efforts during the difficult discussion. ADJOURNMENT – 8:33 p.m.

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Due to the Governor's orders related to public gatherings and the Open Public Meetings Act during the COVID-19 pandemic, the council meeting occurred remotely with Councilmember participation occurring by internet and phone access.

City of Puyallup Regular City Council Meeting

April 28, 2020 COUNCILMEMBERS PRESENT: Mayor Door, Deputy Mayor Palmer, Councilmember Farris, Councilmember Jacobsen, Councilmember Kastama, Councilmember Johnson and Councilmember Witting APPROVAL OF THE AGENDA Council Action: A motion was made by Councilmember Johnson and seconded by Councilmember Kastama to approve the agenda. The motion passed 7-0. CONSIDERATION OF MINUTES Council Action: A motion was made by Deputy Mayor Palmer and seconded by Councilmember Farris to approve the minutes of March 10, March 31, and April 7, 2020. The motion passed 7-0. CITIZEN COMMENTS RECEIVED BY CITY CLERK Citizen comments were accepted by email until 5:30 p.m., on April 28, 2020. The City Clerk read the name(s) of the submitter and the date it was received into the record. All comments were distributed to the City Council as part of the official city record. Ms. Jessie Gamble (received April 28, 2020 at 10:51 a.m.) CONSENT AGENDA Accept the Rainier Woods Restroom Project with RS Underground, Inc. as complete and begin the one-year warranty period Award a contract to RH2 Engineering, for design of the East Main Sewer Replacement Project: 18th to 23rd Streets SE Award a contract to Gray and Osborne, Inc. for the design of the North Levee Road Pump Station Replacement Project Award a contract to BHC Consultants for the preliminary design of the Clark’s Creek Pump Station Replacement Project Award a contract to RS Underground, Inc. for the construction of the 20th Street NW and 12th Avenue NW Water Main Replacement Project

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City Council Minutes April 28, 2020

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Award a contract to KPG, PS for design of the 9th Avenue NE and 4th Street NE Sewer Replacement Project Accept a grant from the Greater Tacoma Community Foundation in the amount of $110,601 for emergency response efforts due to the COVID-19 public health emergency and amend the budget as appropriate Approve accounts payable, payroll and electronic fund transfers of $6,190,897.61 At the request of Councilmember Johnson, City Engineer Hans Hunger provided additional information on the status of the Safe Routes to School Project. Council Action: A motion was made by Councilmember Kastama and seconded by Councilmember Witting to approve the consent agenda. The motion passed 7-0. ORDINANCES Second reading of an ordinance adopting temporary time extensions to a variety of land use permits and approvals Council Action: A motion was made by Councilmember Farris and seconded by Deputy Mayor Palmer to approve second reading of the ordinance. With a roll call vote, the motion passed 7-0.

ORDINANCE NO. 3206

AN ORDINANCE of the City Council of the City of Puyallup authorizing city officials to grant temporary extensions to the expiration date of certain development related permits and land use actions in response to the local, regional and national COVID-19 economic challenges currently facing the building industry

CONSIDERATIONS AND REQUESTS Request for City Council direction on a potential temporary permit fee deferral ordinance Development Services Director Tom Utterback spoke of a letter sent by the Master Builders Association (MBA) asking Pierce County cities to assist the building industry during the downturn. The request asks cities to continue its land use operations while sheltering in place and to find programs to help financially impacted permit customers. He noted staff’s efforts to meet the requests, elaborating on staff’s establishment of a “Virtual Permit Center” and council’s recent approval of the permit extension ordinance. Additionally, Mr. Utterback queried the council’s interest in an ordinance that would delay the payment of Impact Fees and System Development Charges (SDCs) to the time of occupancy following the completion of construction. He provided more specific information on how the deferral program would work and felt that it would allow builders to use their capital for materials

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City Council Minutes April 28, 2020

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and employees. Should there be any interest, staff will draft an ordinance based upon prior action during the previous recession. He pointed out that the school impact fees and storm SDC’s would be excluded from the ordinance; the School District declined to participate, and storm impacts are of a more immediate nature. Mr. Utterback responded to several questions by councilmembers regarding the request. Councilmembers were supportive of the request and tying the payment of Impact Fees and SDC’s to the Certificate of Occupancy, to protect the purchaser from any liability to pay for the fees. Council additionally asked staff to contact the school district again, to revisit the question of deferring the school impact fees. Discussion regarding streets projects funded by the City’s General Fund City Engineer Hans Hunger recognized the coordinated efforts of multiple departments to determine a recommended list of Capital Improvement Projects (CIP) that could be deferred in anticipation of revenue losses due to the COVID-19 pandemic. He reviewed the criteria used in selecting the projects and the decision on whether to proceed, hold or watch pending future revenue shortages. He listed several projects he anticipated moving forward and pointed out that staff will continue to work on certain projects eligible for potential contingency funding. Mr. Hunger responded to questions by Councilmembers regarding the Milwaukee Bridge Project timeline, the 7th Avenue/Safe Routes to School Project and the status of the Tier 3 Funds. Councilmembers were appreciative of the information provided and agreeable to the suggestions made regarding the projects. It was felt that the city would have a better understanding of the financial impacts following the city receipt of the Department of Revenue’s April report in June. OTHER BUSINESS Resolution of acknowledgement and support for essential employees serving the Puyallup community Deputy Mayor Palmer introduced a resolution of support for essential workers. He felt it important to acknowledge their efforts in providing necessary services to the community despite risks to their own health. Additionally, the resolution encourages citizens to use face masks, noting that this small act would protect essential workers as well as all citizens from spreading the disease. Council Action: A motion was made by Deputy Mayor Palmer and second by Councilmember Witting to approve the resolution. The motion passed 7-0.

RESOLUTION NO. 2406

A RESOLUTION of the City Council of the City of Puyallup, Washington, acknowledging and supporting essential workers during the current COVID-19 pandemic

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City Council Minutes April 28, 2020

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CITY MANAGER’S REPORT City Manager Steve Kirkelie gave an update on the status of the library operations, the furlough of 14 of its employees and statistics relating to the electronic use of the library during the closure. He provided further updates on the status of the COVID-19 Executive Team, the Economic Recovery Team, and the re-opening of some city parks and trails. He identified an increase in permit activity with the easing of the Governor’s restrictions, noting that staff is adjusting accordingly to meet the increased need. The Emergency Operations Center is operating in a limited capacity, the call center remains open and overall crime has decreased. Mr. Kirkelie explained that the telecommuting by approximately 120 employees is working well. The Information Technology department has surveyed the employees and staff is adjusting. Additionally, staff has found some efficiencies in their duties and is able to provide a level of service minus the physical interaction. He provided information on the city’s new website (choosepuyallup.com.) created to support the business community; advised of his intent to postpone the May 5th study session to May 12th; echoed the message of the resolution; and voiced appreciation to staff and council for perseverance in completing the city’s business. COUNCIL REPORTS Councilmember Farris shared statistics on the city’s emergency response efforts to the homeless during the pandemic; provided information about the CARES Act and mortgage protection for homeowners; and advised of Governor Inslee’s’ extension of the moratorium on evictions. She spoke of a new History of Puyallup book co-written by a middle school teacher and shared information on how to obtain a copy of the eBook. Councilmember Kastama appreciated the City Managers’ comments, particularly the information on the efforts to support Puyallup businesses. He recognized Bourbon Street Bar and Grill owner Mike de Alwis, for his community support through the donation of meals to needy families during the crisis. He referred to his “blog” and elaborated on the importance of wearing face masks to help slow the spread of the COVID-19 virus. Councilmember Witting reported on the Puget Sound Regional Council executive board’s approval of the distribution of $538 Million in federal transportation aid, noting that Pierce Transit received $20 Million and Sound Transit received $90 Million. He warned that the larger share of funds will be directed to the metropolitan areas. Councilmember Jacobsen applauded Councilmember Witting for representing the south end non-urban areas and Councilmember Kastama for his weekly updates on the coronavirus. She appreciated the chance to recognize essential workers for their fortitude during the crisis and staff for their ability in allowing the city council to meet virtually. Councilmember Johnson appreciated the Governors relaxing the moratorium for the building industry and staff’s ability to meet an anticipated rush of new permit requests. He recognized staff partnership with the building industry, noting that the “change in culture” has been well received and is being shared with other jurisdictions. He shared his enthusiasm regarding the permit deferral

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City Council Minutes April 28, 2020

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ordinance, looked forward to the upcoming report on restoration and recovery, appreciated the ability to meet virtually and voiced support of the resolution supporting essential workers. Deputy Mayor Palmer agreed with the council comments made and he felt that the city operations and response has been exceptional during the crisis. He recognized Public Affairs Officer, Brenda Fritsvold for the resolution of support, the council for the ability to meet remotely and Mayor Door for her collaboration during meetings. He concurred with Councilmember Kastama’s thoughts and stated that the intent of the resolution was to help emphasize the importance of wearing face masks. MAYOR’S REPORT Mayor Door recognized the sacrifices made by essential workers in support of the community and spoke of the need for the community to protect them in return. She spoke of a nurse at Tacoma General Hospital, who contracted the disease, went home to quarantine and inadvertently shared the virus that sickened her husband. She acknowledged Deputy Mayor Palmer for his part in the resolution and encouraged councilmembers to respond to the City Manager’s request to move the upcoming study session to May 12, 2020. ADJOURNMENT – 8:09 p.m.

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City Council Agenda Item Report

Submitted by: McKenzi KentSubmitting Department: Police DepartmentMeeting Date: 5/19/2020

Subject:Proclamation: National Police Week

Presenter:Scott Engle, Chief of Police

Recommendation:Recommend approval of the proclamation declaring May 10-16, 2020 as "National PoliceWeek" in the City of Puyallup.

Background:In 1962, President John F. Kennedy signed the first proclamation which designated May 15thas National Peace Officers Memorial Day and the week in which that date falls as NationalPolice Week. Established by a joint resolution of Congress, National Police Week recognizesand honors those law enforcement officers who have lost their lives in the line of duty.Officers with the Puyallup Police Department join more than 900,000 members of lawenforcement across the United States, serving in their communities with dedication and honor.Since the first recorded death of an officer in 1786, more than 21,000 officers have made theultimate sacrifice, including three officers of the Puyallup Police Department. National PoliceWeek provides an opportunity to honor police officers, past and present.

Council Direction:N/A

Fiscal Impacts:None

ATTACHMENTSProclamation

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PROCLAMATION

WHEREAS, each May during the week surrounding May 15th, our nation salutes the American men and women who put their lives on the line every day to maintain public safety and hold accountable those who break the law; and

WHEREAS, in 2020 the COVID-19 pandemic placed first responders at additional risk, dramatically impacting how they interact with the public and presenting new challenges never faced before; and

WHEREAS, there are more than 900,000 law enforcement officers serving in communities across the United States, including the 68 dedicated members of the Puyallup Police Department; and

WHEREAS, nearly 60,000 assaults against law enforcement officers are reported each year, resulting in approximately 17,000 injuries; and

WHEREAS, since the first recorded death in 1786, more than 21,000 law enforcement officers in the United States have been killed in the line of duty, including three members of the Puyallup Police Department; and

WHEREAS, it is with heavy hearts, we mourn the heroes taken from us only because they chose to serve, and we rededicate ourselves to carrying forward their noble legacy; and

WHEREAS, the names of these dedicated public servants are engraved on the walls of the National Law Enforcement Officers Memorial in Washington, D.C.; and

NOW THEREFORE, BE IT RESOLVED that the Puyallup City Council officially recognizes May 10-16, 2020, as

NATIONAL POLICE WEEK

in the City of Puyallup, and publicly salutes the service of law enforcement officers in our community and in communities across the nation.

PROCLAIMED this 19th day of May 2020.

_____________________________Julie Door, Mayor

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City Council Agenda Item Report

Submitted by: Barbara LopezSubmitting Department: FinanceMeeting Date: 5/19/2020

Subject:Approve the annual renewal of a service agreement with Motorola Solutions, for public safetyradio system support

Presenter:Barbara Lopez, Finance Director

Recommendation:Authorize the City Manager to execute, in a form as approved by the City Attorney, anagreement with Motorola Solutions, for public safety radio system support.

Background:The City owns and operates a public safety radio system. This radio system connects theradios used by police officers and public works employees to dispatch centers and allows forcommunication between radio users. The City's system has approximately five radio towersites. The City's radio system also provides radio communication services to the cities ofSumner and Bonney Lake.

The City has contracted annually with Motorola Solutions for management and technicalsupport of the city's public safety radio system since about 2009. The renewal of thisagreement provides support for all five operational radio tower sites within the City's publicsafety radio system. It also provides technical support to the police officers and public worksemployees that use the radio communication devices. Motorola will continue to provideservices five days a week and on as needed basis.

Council Direction:

Fiscal Impacts:$198,530.84 plus tax, provided for in the 2020 budget.

ATTACHMENTSMotorola Agreement Renewal

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City Council Agenda Item Report

Submitted by: Cindy HuffSubmitting Department: FinanceMeeting Date: 5/19/2020

Subject:Approve accounts payable, payroll, and electronic fund transfers of $5,450,681.50.

Presenter:

Recommendation:

Background:

Council Direction:

Fiscal Impacts:

ATTACHMENTSWarrant Register

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City Council Agenda Item Report

Submitted by: Shawn ArthurSubmitting Department: Legal Meeting Date: 5/19/2020

Subject:First reading of an ordinance regarding Exposing Minor Child to Domestic Violence

Presenter:Shawn Arthur

Recommendation:Approve first reading of the ordinance.

Background:In 2017 the Puyallup City Council adopted an ordinance entitled Exposing a Minor toDomestic Violence. This ordinance made it a crime to commit an act of domestic violence infront of a minor. The city cited to definitions in state law that defined family or householdmember. Recently state law was amended and segmented family or household member intotwo definitions: (1) Family or household member, and (2) intimate partner. This ordinanceamends the city code to add intimate partner as defined in RCW 26.50.010.

Council Direction:If this section is not amended it could significantly hinder the ability to prosecute exposingminor to DV cases.

Fiscal Impacts:None

ATTACHMENTSOrdinance

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Ordinance No. _____ Page 1

ORDINANCE NO. ________

AN ORDINANCE OF THE CITY OF PUYALLUP, WASHINTON AMENDING SECTION 9A.02.065 OF THE PUYALLUP MUNICIPAL CODE PERTAINING TO THE CRIME OF EXPOSING MINOR CHILD TO DOMESTIC VIOLENCE.

WHEREAS, on June 27, 2017 the Puyallup City Council passed ordinance 3144 entitled Exposing Children to Domestic Violence which applies when a crime is committed against a family or household member and that crime is witnessed by a child; and

WHEREAS, when ordinance 3144 was passed it adopted the definition of “family or household member” from Revised Code of Washington (RCW) 10.99.020. In 2019 the Washington State Legislature amended the definition of “family or household member” and added a separate definition for “intimate partners” which had previously been addressed in the “family or household member” definition; and

WHEREAS, the addition of “intimate partner” into the RCW necessitates an update to the Puyallup Municipal Code regarding Exposing Minor Child to Domestic Violence; and

WHEREAS, COVID-19 necessitates distancing and isolation measures in order minimize the spread of the virus. The World Health Organization reports that the risk of intimate partner violence in abusive relationships increases among men, women, and children with more time spent in close contact. Thus, the city finds it necessary toexpeditiously update the Exposing Minor Child to Domestic Violence code to encompass the newly created intimate partner definition found in the RCW;

NOW THEREFORE, the City Council of the City of Puyallup do ordain as follows:

Section 1. Section 9A.02.065 of the Puyallup Municipal Code entitled, “Exposing Minor Child to Domestic Violence” is hereby amended to read as follows:

1) A person commits the crime of exposing children to domestic violence when he or she:

a) Commits a crime against a family or household member, or anintimate partner, as defined in RCW 10.99.020 26.50.010 and

b) The crime is committed in the immediate presence of, or is witnessed by, the suspect’s or the victim’s minor child, stepchild, foster child, or a minor child residing within the household or in the custody or care of the suspect or victim. For the purposes of this

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Ordinance No. _____ Page 2

section, “witnessed” shall mean if the crime is seen or directly perceived in any other manner by the child.

2) Exposing children to domestic violence is a gross misdemeanor. Any person convicted of this crime shall be punished by imprisonment of not less than 30 days.

Section 2. Severability. All sections in this ordinance are hereby deemed severable. Any section found invalid or unconstitutional by a court of law with jurisdiction shall not be deemed to invalidate or find unconstitutional other sections in this ordinance.

Section 3. Corrections. The City Clerk is authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener’s/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto.

Section 4. Effective Date. This ordinance shall become effective five days after publication in the official newspaper of the City of Puyallup.

Passed and approved by City Council of the City of Puyallup at regularly scheduled open public meeting on the day of , 2020.

Julie DoorMayor

Approved as to form: Attest:

Shawn Arthur Mary WinterDeputy City Attorney City Clerk

Published:

Effective:

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City Council Agenda Item Report

Submitted by: Barbara LopezSubmitting Department: FinanceMeeting Date: 5/19/2020

Subject:First reading of an ordinance establishing a biennial budget for the city effective January 1,2021

Presenter:Barbara Lopez, Finance Director

Recommendation:Approve first reading of an ordinance establishing a biennial budget process effective January1, 2021.

Background:Establishment of a biennial budget process was discussed at the City Council Retreat onFebruary 4, 2020. Major benefits of a biennial budget include consolidation of time investedin budget development and approval, providing opportunity in the off-year to focus onstrategic planning, and consistency with multi-year financial planning best practice, which isa Government Finance Officers Association recommended best practice.

During the retreat, Council desired to move forward to establish a biennial budget process inthe form of two one-year budgets, which is an allowable variation under the umbrella ofbiennial budgeting. Under RCW 35A.34.040, Council must enact an ordinance establishing abiennial budget at least six months prior to commencement of the fiscal biennium, which isJune 30, 2020. The city can only convert to a biennial budget in odd-numbered years, thus thecity would not be able to change to a biennial budget until 2022 if not done this year.

Council Direction:

Fiscal Impacts:None

ATTACHMENTSOrdinance

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ORDINANCE NO. __________

AN ORDINANCE OF THE CITY OF PUYALLUP, WASHINGTON, establishing a biennial budget process effective January 1, 2021.

Whereas, pursuant to RCW 35A.34, the state legislature has provided that the legislative body of any code city may by ordinance elect to have a two-year fiscal biennium budget in lieu of the annual budget which is otherwise provided for; and

Whereas, RCW 35A.34.040 provides that such ordinance must be enacted at least six-months prior to commencement of the fiscal biennium; and

Whereas, the City of Puyallup currently uses an annual budget; and

Whereas, the benefits of a biennial budget process were discussed at the City Council Retreat on February 4, 2020; and

Whereas, those benefits include consolidation of time invested in budget development and approval, providing opportunity in the off year to focus on strategic planning, and consistency with multi-year financial planning best practice; and

Whereas, Council indicated interest in moving forward to establish a biennial budget process in the form of two one-year budgets, which is an allowable variationunder the umbrella of biennial budgeting; and

Whereas, the City of Puyallup finds it in the best interest of the city to establish a fiscal biennial budget process to be effective January 1, 2021;

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

Section 1. Pursuant to RCW 35A.34.040, the City Council herby establishes a biennium budget for the City of Puyallup, beginning with the biennium commencing January 1, 2021. The 2021-2022 Biennial Budget and all subsequent budgets shall be prepared, considered and adopted under the provisions of this ordinance.

Section 2. Pursuant to RCW 35A.34.130, the City Council hereby provides for a mid-biennial review and modification of the biennial budget. No sooner than eight (8) months after the start of the first year of the biennium, nor later than the first regularly scheduled City Council meeting in November of the first year of each biennial budget, the City Manager shall prepare proposed budget modifications to be effective as of January 1 of the following year. Such proposed modifications shall be sent to City Council members and be made available to the public. A public hearing shall be held at a City Council meeting no later than the second Tuesday in December. At such hearing or thereafter,

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Council may consider a proposed ordinance to carryout such modifications, which such ordinance shall be subject to other provisions of RCW 35A.34.

Section 3. Subsection 2.06.030(1)(c) of the Puyallup Municipal Code is hereby amended to read as follows:

(c) Prepare and submit to the city council a proposed annual biennial budget for the city which shall include a six-year capital expense budget;

Section 4. Implementation. The City Manager is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this ordinance.

Section 5. Severability. If a section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance unless the whole purpose and intent of this ordinance is destroyed. If the provisions of this ordinance are found to be inconsistent with the other provisions of the Puyallup Municipal Code, this ordinance is deemed to control.

Section 6. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener’s/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto.

Section 7. Effective Date. This ordinance shall take effect and be in full force five (5) days after its passage, approval and publication in accordance with law.

PASSED at an open public meeting by the City Council of the City of Puyallup on the______day of ___________, 2020.

___________________________________

Julie DoorMayor

Approved as to form: Attest:

________________________________ ___________________________________

26

Joseph N. Beck Mary WinterCity Attorney City Clerk

Published:Effective Date:

27

City Council Agenda Item Report

Submitted by: Tom UtterbackSubmitting Department: Development Services Meeting Date: 5/19/2020

Subject:First reading of an ordinance amending Titles 14 (Water and Sewers) and 21 (Environment) ofthe Puyallup Municipal Code establishing a temporary permit fee deferral program regardingimpact fees and system development charges

Presenter:Tom Utterback, Development Services Director

Recommendation:Approve first reading of an ordinance amending Titles 14 (Water and Sewers) and 21(Environment) of the Puyallup Municipal Code establishing a temporary permit fee deferralprogram.

Background:On April 28, 2020, City staff requested City Council direction on a potential ordinance toestablish a temporary (through 2020) option for permit applicants to defer the payment ofimpact fees and utility system development charges (SDCs) from time of building permitissuance to time of certificate of occupancy (CO). Such a program could be a stimulus tofiscally-impacted builders in allowing their initial funding to go to project costs, with paymentof major City fees being delayed until closer to time of project sale/lease.

Council members were supportive of that action and requested that an ordinance be broughtback for consideration on May 19th. The attached draft ordinance has the followingcomponents:

- The fee deferral program would be similar to one approved by Council during the recession(2010-2012). Per State law, the City currently offers deferral of impacts fees (but not SDCs)for single-family residences only.

- it would give permit applicants (for all types of development) the option of deferring allimpact fees (traffic, parks, schools) and City sewer and water SDCs (storm SDCs are notincluded in this program, given the immediate impact to public stormwater systems from siteconstruction). The Puyallup School District (PSD), which collects and administers schoolimpact fees, has chosen to participate in this temporary deferral program, given theunderstanding that the City will track/inform PSD of applicable permits and will administerthe lien recordation process noted below;

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- Fee deferrals would be from time of building permit issuance to time of CO, although theywould be capped at a maximum of 18 months from time of permit issuance, which should beample time for most project construction. Given Council input, staff has not set this temporaryprogram to allow fee deferrals to extend to time of project sale.

- Prior to permit issuance, applicants choosing to defer fees would be required to record a lienon the property title to help ensure later fee collection, at which time the instrument would beremoved from title.

Council Direction:If desired to expedite this program's start-up, City Council may choose to suspend their rulesand also approve second ordinance reading at the same meeting.

Fiscal Impacts:This program would, through 2020, allow deferral of impact fees and SDCs, so there wouldbe a delay in the collection of some infrastructure funding. The extent of this effect will bedependent upon applicant participation.

ATTACHMENTSOrdinance

29

Ordinance No. 2965

Payment of System Development Charges and Impact Fees

Page 1 of 5

ORDINANCE NO. ____

AN ORDINANCE of the City Council of the City of

Puyallup temporarily modifying the time of payment

of impact fees and system development charges, in

response to the local, regional and national COVID-

19 economic challenges currently facing the building

industry, by amending PMC 14.10.030 and PMC

21.20.020.

Whereas, the current COVID-19 economic conditions have negatively affected

builders and developers in Pierce County and the City of Puyallup, and many of these

builders and developers are struggling financially;

Whereas, development related activity is a significant tax revenue generator and

provides a much-needed source of revenue to local governments to finance public safety

and other necessary public services;

Whereas, the payment of required impact fees and utility system development

charges for development permits is a major financial outlay to permit applicants and

providing flexibility on the timing of those payments can assist the fiscal feasibility of

proposed construction projects;

Whereas, an option to delay payment of impact fees and system development

charges, until the approximate time that impact to the public system actually occurs, will

enable developers to lessen their project carrying costs;

Whereas, it is in the best interests of the citizens of Puyallup and the

development community to provide permit applicants with an option to pay water and

sewer system development charges and impact fees either prior to issuance of a building

permit or prior to issuance of a temporary or permanent certificate of occupancy;

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PUYALLUP

HEREBY ORDAINS AS FOLLOWS:

Section 1. Amendment of PMC 14.10.030. Section 14.10.030 of the Puyallup

Municipal Code is amended to read as follows:

14.10.030 Payment of charges.

(1) System development charges for sewer and/or water service

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Ordinance No. 2965

Payment of System Development Charges and Impact Fees

Page 2 of 5

shall be paid prior to the issuance of a project’s building permit(s), or the

applicant may elect to pay prior to the issuance of a project’s temporary

certificate(s) of occupancy, if any, or certificate(s) of occupancy, whichever

certificate is issued first. If an election to pay system development charges

after building permit issuance is made, the applicant shall pay system

development charges for sewer and/or water service prior to the time of

certificate of occupancy, but in no event later than eighteen (18) months

two years from the date of building permit issuance. The city shall may

require the applicant to sign and record an recordable instrument against

title to the property and therein agree that the system development charges

shall be paid no later than eighteen (18) months two years from the date of

building permit issuance; provided that in the case of a single family or

duplex residential project that is constructed for sale or transfer, the

applicant may elect to pay system development charges at the time of

property sale or transfer by signing a recordable instrument against title to

the property and therein agreeing that the system development charges

shall be paid at the time of closing of the sale or transfer of the property by

automatic payment to the city through escrow.

(2) Applicants opting to delay payment of system development

charges shall pay a processing fee of $240.00 at the time of electing to

delay payment, and any recording or related fees or costs. No permit will

be issued prior to payment of the processing fee and the City receiving

proof of the recording of an instrument securing payment with the Pierce

County Auditor.

(3) The option to delay payment of system development charges

shall only be applicable to charges assessed by the city, and shall be

available to applicants who file a complete building permit application

after this subsection becomes effective pursuant to law, or to applicants

who have previously filed a complete building permit application, but

where a building permit has not yet been issued, and shall expire at the

close of business on December 310, 202012. The city may decline to

allow a delay of the payment of system development charges for good

cause.

Section 2. Amendment of PMC 21.20.020. Section 21.20.020 of the Puyallup

Municipal Code is amended to read as follows:

21.20.020 Assessment of impact fees.

(1) The city shall collect impact fees, based on the rates established in this

chapter, from any applicant seeking a development permit from the city for

any development within the city, where such development requires the

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Ordinance No. 2965

Payment of System Development Charges and Impact Fees

Page 3 of 5

issuance of a building permit. This shall include, but is not limited to, the

development of residential, commercial, retail, and office land, and

includes the expansion of existing uses that creates a demand for additional

public facilities, as well as a change in existing use that creates a demand

for additional public facilities.

(2) For a change in use of an existing building or dwelling unit, including

any alteration, expansion, replacement or new accessory building, the

impact fee for the new use shall be reduced by an amount equal to the

current impact fee rate for the prior use.

(3) For mixed use developments, impact fees shall be imposed for the

proportionate share of each land use based on the applicable measurement

in the impact fee rates set forth in this chapter.

(4) Applicants seeking an occupancy permit for a change in use shall be

required to pay a street impact fee.

(5) Impact fees shall be paid prior to the issuance of a project’s building

permit(s); provided that in the case of a single family or duplex residential

project that is constructed, the applicant may elect to pay impact fees at the

time of said unit’s final building permit inspection by signing a recordable

instrument against title to the property and therein agreeing that the impact

fees shall be paid at the time of final inspection to the city, but in no event

no later than eighteen (18) months from the date of building permit

issuance. The amount of impact fees that may be deferred is determined by

those fees in effect at the tie the applicant applies for a fee deferral. The

city shall withhold any certification of final inspection or related

authorization to occupy said residential unit until the deferred impact fees

have been paid in full. For purposes of implementing this fee deferral

program, the term “single-family attached residential unit” shall refer to

accessory dwelling units and/or duplex units, as defined in PMC

20.15.005.

(6) Applicants that have been awarded credits prior to the submittal of the

complete building permit application pursuant to PMC 21.20.040 shall

submit, along with the complete building permit application, a copy of the

letter or certificate prepared by the director pursuant to PMC 21.20.040

including, but not limited to, the dollar amount of the credit awarded and

the reason for the credit. Impact fees, as determined after the application of

appropriate credits, shall be paid, for each unit in a development, in accord

with the terms of this section.

(7) Applicants opting to delay payment of impact fees shall pay a

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Ordinance No. 2965

Payment of System Development Charges and Impact Fees

Page 4 of 5

processing fee of $240.00 at the time of electing to delay payment, and any

recording or related fees or costs. The city shall provide the applicant with

the recordable instrument form(s) which the property owner(s) shall fill in

with complete and accurate information necessary for recording of said

instruments(s). The applicant shall be responsible for recording the lien

prior to permit issuance, and removing the lien at the time of or prior to

final inspection, at his or her expense. No permit for an applicant seeking

impact fee payment deferral will be issued prior to payment of the

processing fee and the City receiving proof of the recording of an

instrument securing payment with the Pierce County Auditor. If impact

fees are not paid in accordance with the terms established herein, the city

and/or Puyallup School District may institute foreclosure proceedings in

accordance with applicable statutes.

(8) The option to delay payment of impact fees shall only be applicable to

impact fees assessed by the city, and shall be available to applicants who

file a complete building permit application after this subsection becomes

effective pursuant to law, or to applicants who have previously filed a

complete building permit application. Each applicant for a single-family

attached or detached residential building permit, in accordance with his or

her contractor registration number or other unique identification number, is

entitled to receive deferrals under this code provision only for the first 20

single-family residential building permits issued per calendar year. For

purposes of implementing this fee deferral annual limit, the term

“applicant” shall include any entity that controls the applicant, is controlled

by the applicant or is under common control with the applicant.

(9) In addition to the option of delaying payment of impact fees for

single-family residences, as provided for in this section, applicants for all

other types of development permits shall also be eligible for the option of

delaying payment of impact fees from time of building permit issuance to

time of project certificate of occupancy. This impact fee deferral allowance

for non-single-family residential permits shall expire at close of business

on December 31, 2020. Applicants for non-single-family residential

project permits shall still be subject to the procedural requirements of PMC

21.20.020(5) as to payment of any outstanding impact fees within 18-

months of building permit issuance and the lien recordation process

requirements of PMC 21.20.020(7).

Section 4. Severability. If any section, subsection, paragraph, sentence, clause,

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

decision shall not affect the validity of the remaining parts of this ordinance.

33

Ordinance No. 2965

Payment of System Development Charges and Impact Fees

Page 5 of 5

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

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

Passed by the City Council of the City of Puyallup, at a regular open public

meeting on the ___ day of ______, 2020.

_________________________________

Julie Door

Mayor

Approved as to from: Attest:

______________________________ _________________________________

Joseph N. Beck Mary Winter

City Attorney City Clerk

34

City Council Agenda Item Report

Submitted by: Sarah HarrisSubmitting Department: Parks, Recreation and FacilitiesMeeting Date: 5/19/2020

Subject:Resolution authorizing submittal of a grant application to the Washington State Recreationand Conservation Office for the Van Lierop Park Playground Project

Presenter:Sarah Harris, Parks & Recreation Director

Recommendation:Approve a resolution authorizing City staff to submit a Washington Wildlife and RecreationProgram (WWRP) grant application for State Recreation and Conservation Office (RCO)grant funding for the purpose of installing an accessible playground at Van Lierop Park.

Background:Every two years, the State of Washington Recreation and Conservation Office (RCO)provides grant opportunities to municipalities for the development of local parks projectsthrough the Washington Wildlife and Recreation Program (WWRP). The grant applicationsare due by June 1, 2020 and must include an adopted Council Resolution supporting the Grantapplication. The City will be applying for $500,000 in grant funds. Approving this resolutionDOES NOT OBLIGATE the City to accept the grant if or when it is offered -- the resolutionis the first required step in the grant process.

This grant application would be for the purchase and installation of a destination playgroundand assorted appurtenances including walking paths, drainage, benches, at Van Lierop Park.The Playground will have an agricultural theme honoring the history of the Van Lierop BulbFarm with accessible play features and surfacing above and beyond simply meetingstandards. The projected budget for the project would be $800,000 and the City's match of$300,000 would be funded out of the 2021 Parks Capital budget.

The addition of a destination playground at Van Lierop Park would serve the need of the EastValley Community as well as draw visitors to enjoy the trail and views at the Park.

Council Direction:Staff recommend that Council approve the Resolution allowing staff to move forward withthe grant application.

Fiscal Impacts:35

ATTACHMENTSResolution

36

Resolution No.Development Van Lierop Park Playground

RESOLUTION No.__________

Project Number: 20-1645Project Name: Development Van Lierop Park Playground

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PUYALLUP, WASHINGTON. This resolution/authorization authorizes the person(s) identified below (in Section 2) to act as the authorized representative/agent on behalf of our organization and to legally bind our organization with respect to the above Project(s) for which we seek grant funding assistance managed through the Recreation and Conservation Office (Office).

WHEREAS, state grant assistance is requested by our organization to aid in financing the cost of the Projects(s) referenced above;

NOW THEREFORE, BE IT RESOLVED that:

Section 1. Our organization has applied for or intends to apply for funding assistance managed by the Office for the above “Project(s).”

Section 2. Our organization authorizes the following persons or persons holding specified titles/positions (and subsequent holders of those titles/positions) to execute the following documents binding our organization on the above projects:

Grant Document Name of Signatory or Title of Person Authorized to SignGrant application (submission thereof) Sarah Harris, Puyallup Parks & Recreation DirectorProject contact (day-to-day administering of the grant and communicating with the RCO)

Sarah Harris, Puyallup Parks & Recreation Director

RCO Grant Agreement (Agreement) Sarah Harris, Puyallup Parks & Recreation DirectorAgreement amendments Sarah Harris, Puyallup Parks & Recreation DirectorAuthorizing property and real estate documents (Notice of Grant, Deed of Right or Assignment of Rights if applicable). These are items that are typical recorded on the property with the county.

Sarah Harris, Puyallup Parks & Recreation Director

The above persons are considered an “authorized representative(s)/agent(s)” for purposes of the documents indicated. Our organization shall comply with a request from the RCO to provide documentation of persons who may be authorized to execute documents related to the grant.

Section 3. Our organization has reviewed the sample RCO Grant Agreement on the Recreation and Conservation Office’s WEB SITE at:https://rco.wa.gov/wp-content/uploads/2019/06/SampleProjAgreement.pdf. We understand and acknowledge that if offered an agreement to sign in the future, it will contain an indemnification and legal venue stipulation and other terms and conditions substantially in the form contained in the sample Agreement and that such terms and conditions of any signed Agreement shall be legally binding on the

37

Resolution No.Development Van Lierop Park Playground

sponsor if our representative/agent enters into an Agreement on our behalf. The Office reserves the right to revise the Agreement prior to execution.

Section 4. Our organization acknowledges and warrants, after conferring with its legal counsel, that its authorized representative(s)/agent(s) have full legal authority to act and sign on behalf of the organization for their assigned role/document.

Section 5. Grant assistance is contingent on a signed Agreement. Entering into any Agreement with the Office is purely voluntary on our part.

Section 6. Our organization understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the Agreement, the characteristics of the project, and the characteristics of our organization.

Section 7. Our organization further understands that prior to our authorized representative(s)/agent(s) executing any of the documents listed above, the RCO may make revisions to its sample Agreement and that such revisions could include the indemnification and the legal venue stipulation. Our organization accepts the legal obligation that we shall, prior to execution of the Agreement(s), confer with our authorized representative(s)/agent(s) as to any revisions to the project Agreement from that of the sample Agreement. We also acknowledge and accept that if our authorized representative(s)/agent(s) executes the Agreement(s) with any such revisions, all terms and conditions of the executed Agreement shall be conclusively deemed to be executed with our authorization.

Section 8. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above.

Section 9. If match is required for the grant, we understand our organization must certify the availability of match at least one month before funding approval. In addition, our organization understands it is responsible for supporting all non-cash matching share commitments to this project should they not materialize.

Section 10. Our organization acknowledges that if it receives grant funds managed by the Office, the Office will pay us on only a reimbursement basis. We understand reimbursement basis means that we will only request payment from the Office after we incur grant eligible and allowable costs and pay them. The Office may also determine an amount of retainage and hold that amount until all project deliverables, grant reports, or other responsibilities are complete.

Section 11. Our organization acknowledges that any property owned by our organization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy, or Office in writing and per the Agreement or an amendment thereto.

Section 12. This resolution/authorization is deemed to be part of the formal grant application to the Office.

Section 13. Our organization warrants and certifies that this resolution/authorization was properly and lawfully adopted following the requirements of our organization and applicable laws and policies and that our organization has full legal authority to commit our organization to the warranties, certifications, promises and obligations set forth herein.

This resolution/authorization is signed and approved on behalf of the resolving body of our organization by the following authorized member

38

Resolution No.Development Van Lierop Park Playground

Location: Puyallup City Hall, 333 South Meridian, Puyallup, WA 98371

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

Approved by the City Council of the City of Puyallup on the 19th day of May, 2020.

_____________________________Julie Door, Mayor

APPROVED AS TO FORM: ATTEST:

_________________________ _____________________________Joseph N. Beck, City Attorney Mary Winter, City Clerk

Washington State Attorney General’s Office

Approved as to form _______________________________ 2/13/2020_____________________Assistant Attorney General Date

39

City Council Agenda Item Report

Submitted by: Joe BeckSubmitting Department: Legal Meeting Date: 5/19/2020

Subject:Resolution Authorizing the Use of Digital and Electronic Signatures

Presenter:Joe Beck, City Attorney

Recommendation:Approve a resolution authorizing the use of digital and electronic signatures technologyestablishing a method and process for the use of electronic signature technology, and ratifyinguse of electronic signatures during the declared emergency.

Background:State law (RCW Chapter 19.360) currently allows Washington cities to determine byordinance, resolution, policy, or rule whether, and to what extent, it will use electronic recordsand electronic signatures. During the 2020 legislative session the Washington state legislatureadopted the Uniform Electronics Transactions Act, ESSB 6028, effective June 11, 2020,which repeals and replaces Chapter 19.360 RCW but continues to allow municipalities todetermine whether, and the extent to which, the agency will send and accept electronicsignatures in the conduct of its business.

The convenience and low cost of conducting business over the Internet has the potential toincrease efficiencies in all business including government business. Technological advancesand an increase in the number of people using computers as part of everyday business willonly continue to increase. Additionally, the value of electronic signatures is heightened andapparent during a declared state of emergency such as the current COVID-19 pandemic, whenCity business must be conducted via remote technologies due to the Governor's Stay Home,Stay Safe Proclamation. The benefits of using electronic signatures and electronic records canreduce use of paper, save time and reduce costs associated with handling physical documents.

This resolution authorizes the City, pursuant to state law, to use an electronic signatureplatform and/or software for affixing electronic signatures. Specifically, the Mayor, DeputyMayor, and Councilmembers, would be authorized to use electronic signatures, and further,the City Managers would be authorized to develop and implement a policy for the use ofelectronic signatures by the City consistent with the requirements of State law.

Council Direction:40

Adopt the Resolution allowing use of an approved electronic signature platform, software orother method to affix electronic signatures to electronic records.

Fiscal Impacts:Approximately $4,800 annually.

ATTACHMENTSResolution

41

RESOLUTION NO. _____________

A RESOLUTION OF THE CITY OF PUYALLUP, WASHINGTONAUTHORIZING THE USE OF DIGITAL AND ELECTRONIC SIGNATURE TECHNOLOGY, ESTABLISHING A METHOD AND PROCESS FOR THE USE OF ELECTRONIC SIGNATURE TECHNOLOGY, AND RATIFYING USE OF ELECTRONIC SIGNATURES DURING DECLARED EMERGENCY.

WHEREAS, RCW 19.360.020 authorizes municipalities in Washington to utilize electronic signatures in the conduct of governmental affairs and other transactions where their use has been authorized by the legislative body; and

WHEREAS, during the 2020 legislative session the Washington state legislature adopted the Uniform Electronics Transactions Act, ESSB 6028, effective June 11, 2020, which repeals andreplaces Chapter 9.360 RCW but continues to allow municipalities to determine whether, and the extent to which, the agency will send and accept electronic signatures in the conduct of its business; and

WHEREAS, using electronic signature technologies can benefit the City of Puyallup(City) by decreasing the City’s reliance on paper transactions and physical documents, thereby saving time and reducing the costs associated with conducting City business; and

WHEREAS, City staff have conducted a preliminary business assessment and risk analysis of electronic signature providers in order to provide reasonable assurances of the integrity, authenticity, and nonrepudiation of electronic documents when electronic signatures are used; and

WHEREAS, the value of electronic signatures is heightened and apparent during adeclared state of emergency such as the current COVID-19 pandemic, when City business mustbe conducted via remote technologies due to the Governor's Stay Home, Stay Safe Proclamation; and

WHEREAS, the City Council has considered how the use of electronic signatures may impact or improve citizen’s access to and ability to participate in governmental affairs, and reliance on City business conducted electronically, and

WHEREAS, the City Council desires to authorize the use and receipt of electronicsignatures, and to adopt policies for the implementation of this authorization to providereasonable assurances for the integrity, authenticity, and nonrepudiation of electronicdocuments when electronic signatures are used; now, therefore,

42

NOW, THEREFORE, the City Council of the City of Puyallup, Washington does hereby resolve as follows:

Section 1. The foregoing recitals are incorporated and fully made a part of this Resolution.

Section 2. The City Council finds it to be in the public interest to allow the use of electronic records and electronic signatures for City business to the fullest extent allowed by law.

Section 3. The City Council recognizes that whenever the use of a written, affixed by hand, or “wet” signature created when a person physically marks a document with the intent to sign the record is authorized or required, an electronic signature may be used with the same force and effect, except as required otherwise by law.

Section 4. The City Council authorizes the Mayor, Deputy Mayor, Councilmembers, City Manager, City Department Directors, or their designees, to affix electronic signatures to electronic records or accept such electronic signatures, provided that:

A. The individual is authorized to sign the document.B. The electronic signature contains, at a minimum:

a. The signatory's full first and last name, and for City employees, electedofficials, or representatives of an entity, the signatory's title;

b. A representation of the individual's signature or acknowledgment of digitalsignature in lieu of physical signature (e.g., using an "l accept" or "l agree"check box with an affirmation statement); and

c. The date and time of the signature, unless the electronic signaturetechnology is self-auditing.

C. An electronic signature platform, software, or other method approved by the City Manager or designee is used.

Section 5. The City Council directs the City Manager to adopt any necessary administrative policies or processes to implement the use of electronic signatures by the City consistent with this resolution and in compliance with the provisions of Washington State Law.

Section 6. The City Council hereby ratifies the City's use and receipt of electronicsignatures that comply with the policy adopted herein for the time period between theMayor's Proclamation of Emergency, dated March 11, 2020, and the date of thisresolution.

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

43

Section 8. This resolution shall take effect and be in force immediately upon its passage.

ADOPTED by the City Council of the City of Puyallup, Washington this _____ day of ____________________________, 2020.

__________________________________________Julie Door, Mayor

ATTEST:

___________________________________Mary Winter, City Clerk

APPROVED AS TO FORM:

___________________________________Joseph Beck, City Attorney

44

City Council Agenda Item Report

Submitted by: Linda LianSubmitting Department: EngineeringMeeting Date: 5/19/2020

Subject:Resolution setting a public hearing date related to a proposed right-of-way vacation of aportion of 3rd Ave NW relating to the Sound Transit Parking Garage Project

Presenter:Hans Hunger, City Engineer

Recommendation:Approve a resolution to set a public hearing date of June 16, 2020 relating to the vacation of aportion of 3rd Ave NW requested by Sound Transit, if the Governor's restrictions on the OpenPublic Meetings Act are lifted.

Background:State law requires advance notice of any public hearing relating to the vacation of a publicright-of-way.

Sound Transit submitted a petition to the City of Puyallup proposing a right-of-way vacation.The proposed vacation is a part of an overall area required to build a 5-story parking garagethat will enhance service to the Puyallup Sounder Station.

The accompanying resolution would set a hearing date for June 16, 2020. This hearing datemay change if the restrictions of Governor Inslee's Stay Home Stay Healthy order relating tothe Open Public Meetings Act are still in effect.

Council Direction:

Fiscal Impacts:N/A

ATTACHMENTSResolutionVicinity MapApplication - Petition

45

RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PUYALLUP setting a public hearing to vacate a portion of 3rd Avenue Northwest between the 500 and 600 block

WHEREAS, the City of Puyallup has expressed the desire to vacate that portion of 3rdAve NW to provide a more effective development of the surrounding property described as follows:

THAT PORTION OF 3RD AVE NW SHOWN AS KNOX AVENUE ON THE PLAT OF A.J. MILLER’S ADDITION TO PUYALLUP, PIERCE COUNTY, W.T., 1888, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 1 OF PLATS, PAGE 130, LYING BETWEEN THE EAST RIGHT OF WAY LINE OF 6TH STREET NW AND THE WEST RIGHT OF WAY LINE OF 5TH STREET NW EXTENDED ACROSS SAID 3RD AVE NW, AND LYING BETWEEN BLOCKS 2 AND 3 OF SAID PLAT OF A.J. MILLER’S ADDITION LOCATED IN THE CITY OF PUYALLUP, COUNTY OF PIERCE, STATE OF WASHINGTON AND BEING FURTHER DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF SAID BLOCK 2; THENCE NORTH 73°59’46” WEST ALONG THE NORTH LINE OF SAID BLOCK 2 A DISTANCE OF 292.17 FEET; THENCE NORTH 00°57’07” EAST ALONG SAID EXTENSION OF 6TH ST NW A DISTANCE OF 62.13 TO THE SOUTHWEST CORNER OF SAID BLOCK 3; THENCE SOUTH 73°59’46” EAST ALONG THE SOUTH LINE OF SAID BLOCK 3 A DISTANCE OF 292.41 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK 3; THENCE SOUTH 01°09’57” WEST ALONG SAID EXTENSION OF 5TH ST NW A DISTANCE OF 62.07 FEET TO THE POINT OF BEGINNING.

CONTAINING 17,535 SQUARE FEET, MORE OR LESS.

Situate in the City of Puyallup, County of Pierce, State of Washington; and

WHEREAS, the laws of the state require that the City Council hold a public hearing on the issue of vacation no sooner than 20 days or later than 60 days after consideration of a request for vacation.

46

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

Section 1. A public hearing is hereby scheduled for June 16, 2020, before the City Council at the hour of 6:30 p.m. or as soon thereafter as the matter may be called, provided the restrictions on the Open Public Meeting Act (OPMA) have been lifted, on a petition to vacate a portion of 3rd Avenue NW which right-of-way proposed to be vacated is legally described above. The location of the hearing will be in the City Council Chambers, 333 South Meridian, Puyallup, Washington.

Section 2. This resolution shall take effect immediately.

PASSED by the City Council of the City of Puyallup this 19th day of May 2020.

______________________________ Julie Door, Mayor

APPROVED AS TO FORM: ATTEST:

_______________________________ ______________________________Joseph N. Beck, City Attorney Mary Winter, City Clerk

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The map features are approximate and are intended only to provide an indication of said feature. Additional areas that have not been mapped may be The map features are approximate and are intended only to provide an indication of said feature. Additional areas that have not been mapped may be present. This is not a survey. Orthophotos and other data may not align. The County assumes no liability for variations ascertained by actual survey.present. This is not a survey. Orthophotos and other data may not align. The County assumes no liability for variations ascertained by actual survey.ALL DATA IS EXPRESSLY PROVIDED ‘AS IS’ AND ‘WITH ALL FAULTS’. The County makes no warranty of fitness for a particular purpose.ALL DATA IS EXPRESSLY PROVIDED ‘AS IS’ AND ‘WITH ALL FAULTS’. The County makes no warranty of fitness for a particular purpose.

5870000151

0420281000

5870000110

5870200010

5870000100

58700001307940700020

0420281008

5870000120

5870

0000

80

5870

0000

50

5870

0000

70

5870

0000

60

5870

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90

5870200021

58700000305870000040

58700001405870000010

58702002205870200100

W STEWART

5TH

ST NW

3RD AVE NW

6TH

ST NW

2ND AVE NW

4TH ST

NW

The map features are approximate and are intended only to provide an indication of said feature. Additional areas that have not been mapped may be The map features are approximate and are intended only to provide an indication of said feature. Additional areas that have not been mapped may be present. This is not a survey. Orthophotos and other data may not align. The County assumes no liability for variations ascertained by actual survey.present. This is not a survey. Orthophotos and other data may not align. The County assumes no liability for variations ascertained by actual survey.ALL DATA IS EXPRESSLY PROVIDED ‘AS IS’ AND ‘WITH ALL FAULTS’. The County makes no warranty of fitness for a particular purpose.ALL DATA IS EXPRESSLY PROVIDED ‘AS IS’ AND ‘WITH ALL FAULTS’. The County makes no warranty of fitness for a particular purpose.

PROPOSED RIGHT-OF-WAY VACATION500 TO 600 BLOCK OF 3RD AVENUE NORTHWEST

LEGEND:Proposed VacationCity of PuyallupQuarter Section

March 6, 2019llansin/vacations/soundtransitNot to scale

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