university place city council regular council meeting...

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UNIVERSITY PLACE CITY COUNCIL Regular Council Meeting Agenda

Monday, January 6, 2020, 6:30 p.m.

City Council Chambers 3609 Market Place West

Third Floor

6:30 pm 1. CALL REGULAR MEETING TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE – Councilmember Figueroa6:35 pm 4. OATHS OF OFFICE – Administered by the Honorable Susan Adams6:40 pm 5. STATE OF THE CITY ADDRESS – Mayor Keel6:55 pm 6. ELECTION OF MAYOR

7. ELECTION OF MAYOR PRO TEM

8. SELECTION OF FINANCE CHAIR7:05 pm 9. MAYOR’S REMARKS – Newly Elected7:15 pm BREAK7:45 pm RESUME TO REGULAR MEETING7:50 pm 10. APPROVAL OF AGENDA7:55 pm 11. PUBLIC COMMENTS – (At this time, citizens have three minutes to address the Council on matters not

scheduled for Public Hearing or Council Consideration. State law prohibits the use of this forum to promote or opposeany candidate for public office or ballot measure. Public comments are limited to three minutes. Please provide yourname and address for the record.)

8:00 pm 12A. – 12G.

CONSENT AGENDAMotion: Approve or Amend the Consent Agenda as ProposedThe Consent Agenda consists of items considered routine or have been previously studied and discussed by Council and for which staff recommendation has been prepared. A Councilmember may request that an item be removed for the Consent Agenda so that the Council may consider the item separately. Items on the Consent Agenda are voted upon as one block and approved with one vote. A. Approve the minutes of the December 2, 2019 Council meeting as submitted.B. Receive and File: Payrolls for period ending 11/30/19, 12/15/19, and 12/31/19; and Claims dated 11/27/19,

12/15/19 and 12/31/19.C. Receive and File: Martin Luther King, Jr. Proclamation.D. Authorize the City Manager to execute a Professional Services Agreement with Gray & Osborne for

technical consultant and design services for the Chambers Creek Canyon Trail Bridge/Boardwalk in anamount not to exceed Three Thousand Seventy-Nine Thousand Five Hundred Dollars ($379,500.00).

E. Adopt a resolution directing the Park Advisory Commission to review potential amendments to Chapter15.05 UPMC relative to Park Rules.

F. Pass an ordinance amending Chapters 1.15, 1.20, 9.35 and 14.05, and creating a new Chapter 9.60 of theUniversity Place Municipal Code; relating to nuisance and code enforcement processes.

G. Authorize the City Manager to approve payment of $51,115.69 for the Eden Systems/Tyler Technologiesinvoice for financial systems software maintenance and support covering January 1, 2020 throughDecember 31, 2020.

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City Council Meeting Agenda January 6, 2020,

8:05 pm 13. CITY MANAGER & COUNCIL COMMENTS/REPORTS - (Report items/topics of interest fromoutside designated agencies represented by Council members, e.g., AWC, PRSC, Pierce Transit, RCC, etc., andfollow-ups on items of interest to Council and the community.)

STUDY SESSION – (At this time, Council will have the opportunity to study and discuss business issues with staff prior toits consideration. Citizen comment is not taken at this time; however, citizens will have the opportunity to comment on the following item(s) at future Council meetings.)

8:10 pm

8:30 pm

8:45 pm

9:00 pm

14. AFFORDABLE HOUSING LOCAL REVENUE SHARING

15. EMERGENCY VEHICLE ACCESS REGULATIONS (TITLE 13 UPMC)

16. FIRE CODE AMENDMENTS (TITLE 14 UPMC)

17. ADJOURNMENT

*PRELIMINARY CITY COUNCIL AGENDA

January 20, 2020 HOLIDAY – MLK Day

January 21, 2020 Regular Council Meeting

January 25, 2020 Special Council Meeting

February 3, 2020 Regular Council Meeting

Preliminary City Council Agenda subject to change without notice* Complete Agendas will be available 24 hours prior to scheduled meeting.

To obtain Council Agendas, please visit www.cityofup.com.

American Disability Act (ADA) Accommodations Provided Upon Advance Request Call the City Clerk at 253-566-5656

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APPROVAL OF

CONSENT AGENDA

CITY OF UNIVERSITY PLACE DRAFT MINUTES

Regular Meeting of the City Council Monday, December 2, 2019

City Council Chambers, Market Place West 1. CALL REGULAR MEETING TO ORDER Mayor Keel called the Regular Meeting to order at 6:30 p.m. 2. ROLL CALL Roll call was taken by the City Clerk as follows:

Councilmember Figueroa Excused Councilmember Pro Tem Lee Present Councilmember McCluskey Present Councilmember Nye Present Councilmember Worthington Present Mayor Pro Tem Belleci Present Mayor Keel Excused

Staff Present: City Manager Sugg, City Attorney Kaser, Public Works, Parks & Facilities Director Cooper, Planning and Development Services Director Swindale, Chief Premo, Public Safety Manager Hales and City Clerk Genetia. MOTION: By Councilmember Worthington, seconded by Councilmember McCluskey, to excuse the absences of Councilmember Figueroa and Mayor Keel. The motion carried. 3. PLEDGE OF ALLEGIANCE Councilmember McCluskey led Council in the Pledge of Allegiance. 4. APPROVAL OF AGENDA MOTION: By Councilmember McCluskey, seconded by Councilmember Pro Tem Lee, to approve the agenda. The motion carried. 5. PRESENTATION Recognition of Councilmember Nye – Mayor Pro Tem Belleci presented a plaque to Councilmember Nye in recognition and appreciation of his eight years of services as City Councilmember. 6. PUBLIC COMMENTS – The following individual provided comment: Mitch Shook, Founder and CEO of Advanced Stream. 7. CONSENT AGENDA

MOTION: By Councilmember Worthington, seconded by Councilmember McCluskey, to approve the Consent Agenda as follows: A. Approve the minutes of the November 18, 2019 Council meeting as submitted. B. Receive & File: Claims dated 11/15/19.

City Council Minutes of December 2, 2019 Page 2

C. Adopt a resolution approving the Planning Commission’s 2020 Preliminary Work Plan. (RESOLUTION NO. 902)

D. Adopt a resolution approving the Economic Development Advisory Commission’s 2020 Preliminary Work Plan. (RESOLUTION NO. 903)

E. Adopt a resolution approving the Park Advisory Commission’s 2020 Work Plan. (RESOLUTION NO. 904)

F. Confirm Julie Finnegan’s appointment to the Park Advisory Commission for a term ending January 31, 2024.

G. Adopt a resolution establishing the City’s Legislative priorities for 2020. (RESOLUTION NO. 905) H. Authorize the City Manager to award the Windmill Village demolition project to Northwest Abatement

Services, Inc. in the amount of $178,190.00 plus $17,640.81 tax for a total of $195,830.81 and execute all necessary contract documents.

I. Authorize the City Manager to execute a five-year Lease Agreement with Tahoma Audubon Society for the use of the house at Adriana Hess Wetland Park.

J. Ratify a settlement agreement with DPK, Inc. in the amount of $60,000.00 relative to a construction project.

The motion carried. COUNCIL CONSIDERATION 8. EMERGENCY MANAGEMENT INTERLOCAL AGREEMENT Staff Report – Public Safety Manager Hales, along with Assistant Fire Chief McCurdy of West Pierce Fire & Rescue, presented the proposed regional partnership with the City of Lakewood and West Pierce Fire & Rescue (WPFR) for Emergency Management Services. Ms. Hales stated that the proposed regional partnership offers the cities additional services at a reduced cost while furthermore offering greater uniformity, greater leverage with a larger voice, increased efficiencies, improved local control, updated emergency plans, more specific localized planning, and increased coordinated training. In addition, the City will continue to receive all the current services it receives from the Pierce County Department of Emergency Management at no additional cost. Public Comment – None. Consideration – MOTION: By Councilmember Worthington, seconded by Councilmember McCluskey, to adopt a resolution approving an Interlocal Agreement between the City of University Place, the City of Lakewood and West Pierce Fire and Rescue for emergency management operations. The motion carried. (RESOLUTION NO. 906) 9. COMMUNITY COMMERCIAL INTERIM ZONING CODE AMENDMENTS

Staff Report - Planning and Development Services Director Swindale presented an ordinance that would amend University Place Municipal Code Chapters 19.45 and 19.52 pertaining to the design standards in the Community Commercial Zone. Director Swindale indicated that during the development of the City’s Subarea Plan, the City identified several opportunity properties which were either underdeveloped or undeveloped in the Regional Growth Center. The City contacted and worked with owners of these properties to understand their plans for their properties and assist with the development or redevelopment by providing entitlements, such as favorable zoning, and increased height and density. Staff determined that underdeveloped property in the Community Commercial Zone would be ready for redevelopment prior to the adoption of the Form-Based Code which would provide the same entitlements and implement the Sub-Area Plan and recommended interim zoning amendments. He stated that the interim zoning amendments would facilitate removal of several dilapidated structures and provide the right-of-way for 42nd Street which is a future part of the City’s adopted Town Center road grid. Director Swindale highlighted the proposed interim zoning code amendments to the City’s Community Commercial Design Standards and Zoning recommended by the Planning Commission – (1) to allow the


first floor of a commercial mixed use development to be used for a non-commercial use as long as it is designed to accommodate commercial use in the future; (2) setbacks for accessory structures (including requested additional amendments made by Council at its November 18, 2019 study session); and (3) the maximum building height is increased to 75 ft. unless adjacent to R1 and R2 zones, in which case the maximum height shall be 45 ft. subject to provisions regarding mechanical and other architectural features. Public Comment – None. Consideration – MOTION: By Councilmember McCluskey, seconded by Councilmember Nye, to pass an ordinance amending UPMC Chapters 19.45 and 19.52 pertaining to Community Commercial Design Standards to allow residential use of required ground floor commercial area, increase allowed height except adjacent to R1 and R2 zones and allow reduced setback for accessory structures subject to mitigating conditions. The motion carried. (ORDINANCE NO. 722) 10. CITY MANAGER & COUNCIL COMMENTS/REPORTS City Manager Sugg provided information on Substitute HB-1406 approved by the Washington State Legislature. HB-1406 creates a sales tax revenue sharing program that allows cities and counties to access a portion of state sales tax revenue to make local investments in affordable housing. Councilmember McCluskey informed the community that the Community Connection Place (CCP) in partnership with the Salvation Army is sponsoring a Giving Tree for seniors. Giving tags are available at CCP’s reception area. Councilmember Worthington updated Council on the current FlashVote count. Mayor Pro Tem Belleci reminded the community of the Christmas Tree Lighting event this Friday and informed them of upcoming community holiday events. She commented on the success of the Thanksgiving Dinner event hosted by U.P. Refuse. She also gave a special shout-out to the City’s former Police Chief Blair for volunteering as Santa. STUDY SESSION 11. NUISANCE CODE AMENDMENTS City Attorney Kaser, along with Public Safety Advisory Commission Chair Wood, presented the proposed amendments to the City’s nuisance code. Mr. Kaser indicated that the Council was briefed early this year on the need for its potential revisions. In response, Council tasked the Public Safety Advisory Commission to review and provide input on the recommended code changes. Accordingly, the Public Safety Advisory Commission has completed its work and has unanimously recommended the changes to various provisions outlined in the proposed ordinance included in the packet. After briefly discussing the proposed amendments, Mr. Kaser indicated that the recommended changes to the City’s existing code provisions are needed to be in line with the current practices and State statutes, as well as to advance the Council goals. Discussion followed regarding noise nuisance; nuisance complaint and perception; air quality changes and control; marijuana nuisance; due process; and blighted property criteria. Staff was directed to bring this legislation forward for Council consideration. 12. LEGISLATIVE PROPOSAL: PARK RULES Councilmember McCluskey stated her reasons for the proposal on vaping/smoking and operating drones in public parks. She supports the idea of having the Park Advisory Commission review the proposal and


the City’s parks ordinance and look at the use, intent and purposes of each park to establish its recommendations related codes, regulations and enforcement components. Discussion followed regarding public vetting on the issue of vaping/smoking in the park; the issue of controlling drones in public parks vs. the issue of privacy; behavior activities; and possible code provisions on the different uses of the parks as warranted. Council also considered referring the review of the parks safety component to the Public Safety Advisory Commission after the Park Advisory Commission has completed its review. Staff was directed to prepare a resolution referring this matter to the Park Advisory Commission for review and recommendation in addition to conducting an outreach for community input. 13. ADJOURNMENT The meeting adjourned at 8:24 p.m. No other action was taken. Submitted by, Emy Genetia City Clerk

City of University PlaceVoucher Approval Document

Control No.:57Agenda of: 01/06/20 PREPAY

Claim of: Payroll for Pay Period Ending 11/30/2019

Check # Date Amount Check # Date Amount

12/05/19 137,538.10 DIRECT DEPOSIT

EMPLOYEE NET 137,538.10

318867 12/05/19 378.00 IUOE LOCAL 612

318868 12/05/19 6,490.16 IUOE LOCALS 302/612 TRUST FUND

WIRE 12/05/19 73,503.98 AWC EMPLOYEE BENEFIT TRUST

WIRE 12/05/19 25,267.94 BANK OF AMERICA

WIRE 12/05/19 23,656.32 - 106006, VANTAGEPOINT TRANSF



WIRE 12/05/19 1,372.07 PACIFIC SOURCE ADMINISTRATORS

WIRE 12/05/19 40,960.97 WA STATE DEPT OF RETIREMENT SY

WIRE 12/05/19 250.00 - 705544, VANTAGEPOINT TRANSFWIRE 12/05/19 200.87 AFLAC INSURANCEWIRE 12/05/19 1,126.43 WA ST DEPT OF RETIREMENT SYSWIRE 12/05/19 148.45 - 304197 LOAN, VANTAGEPOINT TRWIRE 12/05/19 3,060.62 - 106006 LOAN, VANTAGEPOINTWIRE 12/05/19 250.00 NATIONWIDE RETIREMENT SOLUTION

BENEFIT/DEDUCTION AMOUNT 191,677.76

TOTAL AMOUNT 329,215.86

Preparer Certification:I, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered or the labor performed as described herein and that the claim is a just, due and unpaid obligation against the above-named governmental unit, and that I am authorized to authenticate and certify to said claim.

Signed: Date Steve Sugg, City Manager

(Signature on file.)





12/20/2019 134,427.09 DIRECT DEPOSIT


WIRE 12/20/2019 4,521.83 EMPLOYMENT SECURITY DEP PDFMLA

WIRE 12/20/2019 12,058.89 DEPT. OF LABOR AND INDUSTRIES





WIRE 12/20/2019 13.75 PACIFIC SOURCE ADMINISTRATORS


WIRE 12/20/2019 41,064.39 WA STATE DEPT OF RETIREMENT SYWIRE 12/20/2019 250.00 - 705544, VANTAGEPOINT TRANSFWIRE 12/20/2019 200.87 AFLAC INSURANCEWIRE 12/20/2019 1,126.43 WA ST DEPT OF RETIREMENT SYSWIRE 12/20/2019 148.45 - 304197 LOAN, VANTAGEPOINT TRWIRE 12/20/2019 3,060.62 - 106006 LOAN, VANTAGEPOINTWIRE 12/20/2019 250.00 NATIONWIDE RETIREMENT SOLUTION



Preparer Certification:I, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered or the labor performed as described herein and that the claim is a just, due and unpaid obligation against the above-named governmental unit, and that I am authorized to authenticate and certify to said claim.


(Signature on file.)





01/03/20 132,493.05 DIRECT DEPOSIT


318867 01/03/20 378.00 IUOE LOCAL 612318868 01/03/20 6,572.16 IUOE LOCALS 302/612 TRUST FUND

WIRE 01/03/20 71,727.09 AWC EMPLOYEE BENEFIT TRUST






WIRE 01/03/20 40,893.67 WA STATE DEPT OF RETIREMENT SY

WIRE 01/03/20 200.87 AFLAC INSURANCEWIRE 01/03/20 1,168.10 WA ST DEPT OF RETIREMENT SYSWIRE 01/03/20 148.45 - 304197 LOAN, VANTAGEPOINT TRWIRE 01/03/20 3,155.48 - 106006 LOAN, VANTAGEPOINTWIRE 01/03/20 250.00 - 705544, VANTAGEPOINT TRANSFWIRE 01/03/20 250.00 NATIONWIDE RETIREMENT SOLUTION



Preparer Certification: I, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered or the labor performed as described herein and that the claim is a just, due and unpaid obligation against the above-named governmental unit, and that I am authorized to authenticate and certify to said claim.


FINAL CHECK LISTING CITY OF UNIVERSITY PLACE

Check Date: 11/27/19

Check Range: 51983687 - 51983754 and Wires #10868691 and #339515

Claims Approval

I, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered or the labor performed as described herein, that any advance payment is due and payable pursuant to a contract or is available as an option for full or partial fulfillment of a contractual obligation, and that the claim is a just, due and unpaid obligation against the City of University Place, and that I am authorized to authenticate and certify to said claim.

I also certify that the following list of checks were issued to replace previously issued checks that have not been presented to the bank for payment. The original check was voided, and a replacement check issued.

Vendor Name Replacement Check # Original Check #

Auditing Officer: Date: (Signature on file.)

11/25/2019

Check List

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Bank : bofa BANK OF AMERICA

Check TotalAmount PaidDescriptionInv DateInvoiceVendorDateCheck #

0000339515 11/21/2019 NOV19/ADMIN FEES 105.00PACIFICSOURCE ADMIN, INC.02163811/27/2019 339515 105.00

Voucher: 46287

3RDQTR19 11/18/2019 3RDQTR19/LEASEHOLD EXCISE TAX 1,812.75WA STATE DEPT OF REVENUE00166411/27/2019 10868691 1,812.75

Voucher: 46306

DEPOSIT 10/21/2019 CATERING DEPOSIT/ANNUAL EMPLOYEE LUNCHEO 902.00OCCASIONS CATERING & SPEC EVNT02620311/18/2019 51983687 902.00

Voucher: 46284

010101781 11/5/2019 HVAC REPAIR/DEVELOPMENT SERVICESAIR SYSTEMS ENGINEERING INC00266111/29/2019 51983688 1,493.55

1,941.94010101770 11/4/2019 INSPECTION/AIR FILTER INSTALL/ENGINEERIN 46243 448.39Voucher:

15925 11/1/2019 NOV19/ALARM MONITORING 400.04ALARMWORKS NW00100411/29/2019 51983689 400.04

Voucher: 46244

TM-190833 11/4/2019 ROAD MARKERS/AMBER/BLUE 528.55ALPINE PRODUCTS INC00170111/29/2019 51983690 528.55

Voucher: 46245

60457 8781 060263 711/10/2019 ACCT# 6045787810602637 4,228.34AMAZON02614411/29/2019 51983691 4,228.34

Voucher: 46246

1991497496 11/12/2019 MAT RENTAL SERVICE/PW SHOP 24.46ARAMARK UNIFORM & CAREER APP02621211/29/2019 51983692 24.46

Voucher: 46247

47562 10/30/2019 GRIND/OVERLAY/7777 CHAMBERS CK ROADASPHALT PATCH SYSTEMS, INC.00208011/29/2019 51983693 20,283.36

27,943.3947563 10/30/2019 DAY ISLAND DRAINAGE/19TH ST & DAY ISLAND 46248 7,660.03Voucher:

1164566455 11/12/2019 STARTING FLUID/SPARK PLUG 17.54AUTOZONE, INC.02341111/29/2019 51983694 17.54

Voucher: 46249

REIMB 11/15/2019 REIMB/PO BOX RENEWAL/CORE 176.00BENNETT, ROBERT02210411/29/2019 51983695 176.00

Voucher: 46250

6031 10/31/2019 TOPOGRAPHIC SURVEY/ALAMEDA EXTENSION/62N 795.77BEYLER CONSULTING LLC02612611/29/2019 51983696 795.77

Voucher: 46251

529 11/3/2019 JAZZ IN THE VILLAGE/NOV 20TH & 27TH/PERF 400.00BIEN, EUGENE Y02626311/29/2019 51983697 400.00

Voucher: 46252

143704 11/18/2019 WALNUT WALL PLAQUE/COUNCILBIG JOHN'S TROPHIES00118211/29/2019 51983698 97.47

165.24143640 11/18/2019 LASER ENGRAVED/LOGO TEXT/COUNCIL 46253 67.77Voucher:

151 8/28/2019 FOOD TRUCK GUARANTEE/AUG28/MUSIC ON THE 550.60BOSS MAMA'S KITCHEN02626411/29/2019 51983699 550.60

Voucher: 46254

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Bank : bofa BANK OF AMERICA (Continued)


20776630 11/12/2019 NOV19/GRAPHICS EQUIP LEASE/IRC75651/IRC7CANON FINANCIAL SERVICES02557311/29/2019 51983700 614.04

20776629 11/12/2019 NOV19/PLOTWAVE345/PRINTER LEASE/IPF785 46255 425.72Voucher:

20776628 11/12/2019 NOV19/COPIER LEASE/IR4551I 153.44

20776627 11/12/2019 NOV19/COPIER LEASE/IRC55351 153.24

20776632 11/12/2019 NOV19/PAPERDECK-F1 1,374.70 28.26

253-584-0775 11/1/2019 PHONE/KOBAYASHICENTURYLINK00115211/29/2019 51983701 56.57

108.58253-566-9558 11/14/2019 PW PUMP CALLOUT LINE 46256 52.01Voucher:

CERQ86160 11/13/2019 ANNUAL MAINTENANCE/AVAYA PHONE 6,593.34CERIUM NETWORKS, INC.02587311/29/2019 51983702 6,593.34

Voucher: 46257

MC-00204 11/7/2019 NOV19/COURT SERVICES 8,869.00CITY OF LAKEWOOD00305611/29/2019 51983703 8,869.00

Voucher: 46258

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101134786 11/8/2019 WATER/6200 BRIDGEPORT WAY WCITY OF TACOMA00102411/29/2019 51983705 2,753.29

100385145 10/22/2019 WATER/3800 74TH AVE W 46259 729.07Voucher:

100597956 11/7/2019 POWER/8715 40TH ST W 434.73

100781041 10/30/2019 WATER/4600 BECKONRIDGE DR W 407.62

100668520 10/30/2019 WATER/4200 GRANDVIEW DR W 377.73

100057089 11/6/2019 POWER/2700 BP WAY W 293.22

100083325 11/15/2019 POWER/4910 BRISTONWOOD DR W 286.98


101088118 11/14/2019 POWER/6100 CIRQUE DR W 194.68

100156306 11/14/2019 POWER/5400 ALAMEDA AVE W 185.56


101006142 11/7/2019 POWER/2299 BP WAY W 179.32

101010515 11/6/2019 POWER/7106 27TH ST W 152.61

101096891 10/30/2019 WATER/2140 BRIDGEPORT WAY W 145.25

100080586 11/15/2019 POWER/4951 GRANDVIEW DR W 134.31

100737063 11/15/2019 POWER/2715 ELWOOD DR W 115.11

100569668 11/12/2019 POWER/2610 SUNSET DR W 110.58

100984717 11/6/2019 POWER/2210 MILDRED ST W 104.54

101088119 11/14/2019 POWER/5800 CIRQUE DR W 98.01

100488528 11/6/2019 POWER/6701 REGENTS BLVD W 92.48

100820972 11/5/2019 POWER/2700 SUNSET DR W 89.28

100388431 10/30/2019 WATER/3003 MORRISON RD W 87.78

100895144 11/13/2019 POWER/ 8300 CIRQUE DR W 84.55



100673072 10/30/2019 WATER/8300 40TH ST W 74.09

100955345 11/14/2019 WATER/3715 BP WAY W 67.77

100565439 10/22/2019 WATER/3761 BP WAY W 66.15

100895151 11/14/2019 POWER/7901 CIRQUE DR W 57.22

101060039 10/30/2019 WATER/6312 CIRQUE DR W 54.03

100975049 10/30/2019 WATER/6800 51ST STREET CT W 52.93

101006141 11/7/2019 POWER/2698 BP WAY WEST 50.89

100668521 10/30/2019 WATER/3000 BP WAY W 50.72

100668519 10/30/2019 WATER/5600 ALAMEDA AVE W 49.55

100897062 10/30/2019 WATER/3600 DREXLER DR W 34.23

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101003692 11/8/2019 POWER/5417 64TH ST W 29.99

100125363 11/6/2019 POWER/6817 27TH ST W 28.64

101074049 10/11/2019 POWER/6710 58TH ST CT W 28.10

101115836 11/15/2019 POWER/2702 ELWOOD DR W 27.48

101150002 10/31/2019 POWER/3715 BRIDGEPORT WAY W #D-3 27.44

100312960 10/31/2019 POWER/3715 BP WAY W #A2 23.00

101126231 11/5/2019 WATER/7900 27TH ST W 22.86

100890035 10/30/2019 WATER/8399 CIRQUE DR W 20.95




101032430 10/30/2019 WATER/7935 54TH ST W 15.44

101007599 10/30/2019 WATER/7104 27TH ST W 14.56

100109710 11/7/2019 POWER/8902 40TH ST W 10.74

101007602 10/30/2019 WATER/6700 40TH ST W 8,485.46 3.57

90936040 11/6/2019 OCT19/HYDRANT USE/BRISTONWOOD 249.62CITY TREASURER00114011/29/2019 51983706 249.62

Voucher: 46260

90934412 10/30/2019 FLEET MAINTANCE 2,172.73CITY TREASURER00217111/29/2019 51983707 2,172.73

Voucher: 46261

130297 11/7/2019 DTA RECEIVERS/CITY HALL 4.50CITY TREASURER02516111/29/2019 51983708 4.50

Voucher: 46262

849835010113564911/7/2019 NOV12-DEC11/INTERNET/CIVIC BUILDINGCOMCAST02456511/29/2019 51983709 173.41

321.94849835010117473911/1/2019 NOV6-DEC5/INTERNET/PW SHOP 46263 148.53Voucher:

8541-492854 11/1/2019 WSDOT J-BOX 591.99CONSOLIDATED ELECTR.DIST.CORP.00206611/29/2019 51983710 591.99

Voucher: 46264

INV2046039 10/31/2019 OCT01-OCT31/OVERAGE CHARGECOPIERS NORTHWEST, INC.02434711/29/2019 51983711 264.79

INV2053161 11/15/2019 OCT14-NOV13/OVERAGE CHARGE 46265 199.66Voucher:

INV2052695 11/14/2019 NOV13-DEC12/BASE RATE 595.59 131.14

3352947 11/1/2019 BID AD/WINDMILL VILLAGE DEMO 378.00DAILY JOURNAL OF COMMERCE, INC00130711/29/2019 51983712 378.00

Voucher: 46266

REFUND 11/18/2019 REFUND/DEPOSIT/ATRIUM RENTAL 250.00DANCE THEATRE NORTHWEST02163111/29/2019 51983713 250.00

Voucher: 46267

162893 10/29/2019 BULK FUEL/PW SHOP 3,654.52DON SMALL & SONS OIL DIST CO00173711/29/2019 51983714 3,654.52

Voucher: 46268

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199021 11/1/2019 USA FLAGS/WA ST FLAGS 656.93FLAG FACTORY NORTHWEST02545511/29/2019 51983715 656.93

Voucher: 46269

1355-191101 11/1/2019 GOVQA PAYMENTS MODULE/AUTHORIZE.NET 4,006.80GOVQA LLC02612811/29/2019 51983716 4,006.80

Voucher: 46270

REIMB 11/7/2019 REIMB/ROOM DIVIDER/OFFICE 157.99GROVER, SUZANNE02340711/29/2019 51983717 157.99

Voucher: 46271

0551226782 9/4/2019 ORCHARD CONCERTS/PORT A POTTY RENTAL/SPEHONEY BUCKET00109611/29/2019 51983718 820.00

1,350.000551189056 8/7/2019 ORCHARD CONCERT/PORT A POTTY RENTAL/SPEC 46272 530.00Voucher:

66083254 11/18/2019 PUMPED GREASE TRAP/WMV 747.32HONEY BUCKET00109611/29/2019 51983719 747.32

Voucher: 46273

004 11/14/2019 BOOKING AGENT/STAGE MANAGER/CITY EVENTS 1,150.00HURWITZ, MARK02625611/29/2019 51983720 1,150.00

Voucher: 46274

I-17487 10/31/2019 BLOCKOUT BANNER/TREE LIGHTING 365.94IMAGE 36002386911/29/2019 51983721 365.94

Voucher: 46275

IN594621 10/31/2019 INKJET PAPER 539.30KELLEY IMAGING SYSTEMS02161611/29/2019 51983722 539.30

Voucher: 46276

700070 11/9/2019 CUSTOMER # 700070/MISC PURCHASES 218.78KROGER - FRED MEYER STORES00196011/29/2019 51983723 218.78

Voucher: 46277

107542 11/9/2019 ASPHALT/PW SHOP 429.14LAKESIDE INDUSTRIES00296411/29/2019 51983724 429.14

Voucher: 46278

11012019 11/1/2019 CONSULTING/FISCAL IMPACT ANALYSIS/PROJEC 472.50LEWIS, PAUL N02621911/29/2019 51983725 472.50

Voucher: 46279

874-3507-900095-211/17/2019 MISC REPAIR & MAINTENANCE SUPPLIES 138.04LOWE'S BUSINESS ACCOUNT/GECRB00179711/29/2019 51983726 138.04

Voucher: 46280

302606 11/11/2019 HOT MIXED ASPHALT 1,990.17MILES RESOURCES, LLC00135211/29/2019 51983727 1,990.17

Voucher: 46281

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I04378354-0913201910/4/2019 RFQ/CHAMBERS CREEK TRAIL BRIDGE & BOARDWNEWS TRIBUNE00109511/29/2019 51983728 1,282.57

I04434206-1025201911/1/2019 BID AD/WMV DEMO 46282 659.21Voucher:

I04425300-1021201910/28/2019 PUBLIC HEARING NOTICE/PROPOSED LEVY INCR 212.69

I04412530-1008201910/8/2019 LEGAL NOTICE/DNS 87TH AVE CT W 199.31

I04406776-1003201910/3/2019 LEGAL NOTICE/SEPA 177.87

I04430823-1023201910/23/2019 ORDINANCE PUBLICATION/#719 177.87

I04418036-1011201910/11/2019 LEGAL NOTICE/DNS/52ND ST W 161.79

I04435650-1025201910/25/2019 PUBLIC NOTICE/DNS/DAY ISLAND 161.79

I04418016-1011201910/11/2019 PUBLIC HEARING NOTICE/PRELIMINARY PLAT 145.71

I04425307-1028201910/28/2019 PUBLIC HEARING NOTICE/BUDGET AMENDMENTS 3,301.44 122.63

977178 10/1/2019 MISC MATERIALS 286.62NORTHWEST STEEL AND PIPE00227211/29/2019 51983729 286.62

Voucher: 46283

FINAL PAYMENT 10/21/2019 FINAL PAYMENT/CATERING/EMPLOYEE LUNCHEON 902.01OCCASIONS CATERING & SPEC EVNT02620311/29/2019 51983730 902.01

Voucher: 46285

729320 11/15/2019 SAFETY VESTS/PW & PARKS MAINTENANCE CREW 633.78PACIFIC SAFETY SUPPLY INC00128711/29/2019 51983731 633.78

Voucher: 46286

8349 10/31/2019 DISPOSAL/SPECIAL WASTE 1,885.85PCRCD / DBA LRI02612711/29/2019 51983732 1,885.85

Voucher: 46288

NOV19 11/6/2019 NOV19/EVALUATION/CITY MANAGER 903.57PENDLETON CONSULTING LLC02603711/29/2019 51983733 903.57

Voucher: 46289

002 10/15/2019 MUSICAL PERFORMANCE/DEC06/TREE LIGHTING 250.00PHILLIPS, JON02626711/29/2019 51983734 250.00

Voucher: 46290

CI-278214 11/7/2019 NOV19/POLICE SERVICESPIERCE COUNTY BUDGET & FINANCE00110911/29/2019 51983735 308,429.22

CI-278300 11/12/2019 3RDQTR19/LIQUOR EXCISE & PROFIT TAXES 46291 2,301.82Voucher:

CI-277469 10/30/2019 SEP19/TRAFFIC OPERATIONS MAINTENANCE SER 2,188.23

CI-277274 10/29/2019 4THQTR19/COUNTY VIEW SUBSCRIBER CHARGES 1,008.00

CI-278549 11/20/2019 OCT19/I-NET CHARGES 253.00

CI-278484 10/25/2019 NOV19/I-NET CHARGES 314,433.27 253.00

369017 11/5/2019 #011231/OCT19/CITY HALLPIERCE COUNTY SECURITY, INC.02469811/29/2019 51983736 2,472.44

369282 11/6/2019 #010740/OCT19/PARADISE POND 46292 225.00Voucher:

369507 11/6/2019 #009206/OCT19/KOBAYASHI 225.00

369462 11/6/2019 #009205/OCT19/CIRQUE PARK 225.00

369546 11/7/2019 #011766/OKTOBERFEST/MARKET SQUARE 3,235.12 87.68

1-99725 10/4/2019 REPLACEMENT TIRES/PLATE #28229D/PW SHOPS & S TIRE, INC.00220611/29/2019 51983737 719.19

1,211.911-99724 10/4/2019 REPLACEMENT TIRES/BACKHOE/PW SHOP 46293 492.72Voucher:

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REFUND 11/18/2019 REFUND/PET LICENSE 23.00SANDUSKY, JASON02544911/29/2019 51983738 23.00

Voucher: 46294

43543 10/31/2019 WETLAND CONSULTANT/PROJECT SUPPORT 770.00SEWALL WETLAND CONSULTING, INC02341611/29/2019 51983739 770.00

Voucher: 46295

CD50048962 11/1/2019 NOV19/LANDSCAPE MAINT/CUST#UN8071 14,497.31SIGNATURE LANDSCAPE SERVICES02581511/29/2019 51983740 14,497.31

Voucher: 46296

26146 10/8/2019 GAUGE STICK/FUEL MEASURING 20.30SOUND PUMP & EQUIPMENT CO02496011/29/2019 51983741 20.30

Voucher: 46297

IN0186404 10/15/2019 VACTOR DECANT PERMIT/REMEWAL 990.00TACOMA-PIERCE CO HEALTH DEPT00306511/29/2019 51983742 990.00

Voucher: 46298

175225580-001 10/31/2019 REPAIR/MANLIFT 1,597.45UNITED RENTALS NW INC00139411/29/2019 51983743 1,597.45

Voucher: 46299

1104778 11/20/2019 DEC19/BILLING PERIOD/REFUSE SERVICEUNIVERSITY PLACE REFUSE SV,INC00133111/29/2019 51983744 4,221.84

4,903.111104777 11/20/2019 DEC19/BILLING PERIOD/COMPACTOR 46300 681.27Voucher:

33915 11/13/2019 FLAT TIRE REPAIR/PLATE #41843D 23.02UNIVERSITY PLACE TIRE CENTER00133211/29/2019 51983745 23.02

Voucher: 46301

532149 11/17/2019 FLOWER BASKETS 391.24VASSEY NURSERY, LLC02539911/29/2019 51983746 391.24

Voucher: 46302

9840049744 10/12/2019 CELL PHONE/PW & PARK MAINTVERIZON WIRELESS,LLC.00115311/29/2019 51983747 -211.61

1,722.929841289745 11/1/2019 CELL PHONE/CITY WIDE/PW & PARK MAINT 46303 1,934.53Voucher:

2020 LICENSE 11/18/2019 2020 LICENSE RENEWAL/L.PETORAK/#48563 486.45WA STATE BAR ASSOCIATION00191711/29/2019 51983748 486.45

Voucher: 46304

2020MEMBERSHIP11/18/2019 2020 SECTION MEMBERSHIP/L. PETORAK/#4856 30.00WA STATE BAR ASSOCIATION00191711/29/2019 51983749 30.00

Voucher: 46305

10312019 10/31/2019 DOOR/WINDOWS/LOGO/ALUMINUM PANELS 258.26WEST COAST SIGNS02484911/29/2019 51983750 258.26

Voucher: 46307

TR-386949 10/31/2019 RAIN & COLD WEATHER WEAR/PARKS MAINTWHISTLE WORKWEAR02182611/29/2019 51983751 609.83

TR-387090 10/31/2019 RAIN & COLD WEATHER GEAR/PARK MAINT 46308 604.87Voucher:

TR-387084 11/1/2019 RETURN/ORIGNAL INVOICE #TR-386949 604.87-609.83

S44142157 11/4/2019 OCT19/CIRQUE DR/STORMWATER SUPPORT 6,907.69WOOD ENVIRON. & INFRASTRUCTURE02341811/29/2019 51983752 6,907.69

Voucher: 46309

68369418 11/18/2019 ANNUAL AED COMPLIANCE MNGMT PROGRAM/AED 251.67ZEE MEDICAL INC.02367511/29/2019 51983753 251.67

Voucher: 46310

30544 11/8/2019 DIRECTIONAL SIGNSZUMAR INDUSTRIES INC00135711/29/2019 51983754 556.40

759.1130391 10/18/2019 POLICE SIGN 46311 202.71Voucher:

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Sub total for BANK OF AMERICA: 447,144.47

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checks in this report. Grand Total All Checks: 69 447,144.47

9Page:


Check Date: 12/15/19

Check Range: 51983755 - 51983815 and Wires #11468315 and #4305389

Claims Approval

I, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered or the labor performed as described herein, that any advance payment is due and payable pursuant to a contract or is available as an option for full or partial fulfillment of a contractual obligation, and that the claim is a just, due and unpaid obligation against the City of University Place, and that I am authorized to authenticate and certify to said claim.

I also certify that the following list of checks were issued to replace previously issued checks that have not been presented to the bank for payment. The original check was voided and a replacement check issued.

Vendor Name Replacement Check # Original Check #

Auditing Officer: Date: (Signature on file.)

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DEC19 12/2/2019 SETTLEMENT/SOUNDVIEW DR. WEST/BROOKSIDE 60,000.00DPK INC.02387912/13/2019 4305389 60,000.00

Voucher: 46339

NOV19 12/3/2019 NOV19/B&O TAX/SWM FEES 15,365.46WA STATE DEPT OF REVENUE00207212/13/2019 11468315 15,365.46

Voucher: 46372

265336-5 10/14/2019 OKTOBERFEST/EVENT SUPPLY RENTAL 6,853.34BUNCE DBA AMERICAN PARTY PLACE00227512/3/2019 51983755 6,853.34

Voucher: 46325

12619 10/28/2019 TREE LIGHTING/EMCEE/GAMES/STAFF 2,450.77ENTERTAINMENT MASTERS02346112/3/2019 51983756 2,450.77

Voucher: 46341

201924 12/6/2019 TREE LIGHTING/ENTERTAINMENT 600.00RAYOR, JANET L02603812/5/2019 51983757 600.00

Voucher: 46364

14520568 11/1/2019 NOV19/JANITORIAL SERVICES 4,504.03ABM JANITORIAL SERVICES02571512/13/2019 51983758 4,504.03

Voucher: 46312

7824414 11/30/2019 DEC19/OFFSITE RECORDS STORAGE 269.11ACCESS INFORMATION MANAGEMENT02517912/13/2019 51983759 269.11

Voucher: 46313

S12584S 1 12/3/2019 UP CIVIC CENTER/GARAGE LIGHTING 8,135.33AIR SYSTEMS ENGINEERING INC00266112/13/2019 51983760 8,135.33

Voucher: 46314

29819 9/27/2019 E-CRATE PICK UP 432.00APEX FACILITY RESOURCES, INC02622312/13/2019 51983761 432.00

Voucher: 46315

1991517229 11/26/2019 MAT RENTAL SERVICE/PW SHOPARAMARK UNIFORM & CAREER APP02621212/13/2019 51983762 24.46

1991477958 10/29/2019 MAT RENTAL SERVICE/PW SHOP 46316 24.46Voucher:

1991438576 10/1/2019 MAT RENTAL SERVICE/PW SHOP 73.38 24.46

1869 11/21/2019 CITY HALL TI/ARCHITECTURAL/ENGINEERING S 560.00AUSTINCINA ARCHITECTS INC PS02598612/13/2019 51983763 560.00

Voucher: 46317

1164572249 11/21/2019 LIGHT BULBS 19.78AUTOZONE, INC.02341112/13/2019 51983764 19.78

Voucher: 46318

2734250224 11/18/2019 AVAYA LEARNING TRAINING/G VALLANTYNE/10- 216.00AVAYA INC02628712/13/2019 51983765 216.00

Voucher: 46319

548001400009914211/11/2019 MASTERCARD/11-22-2019 10,453.47BANK OF AMERICA00233312/13/2019 51983766 10,453.47

Voucher: 46320

5195892 11/22/2019 SUPPLIES 115.21BATTERY SYSTEMS INC.02437412/13/2019 51983767 115.21

Voucher: 46321

REIMB 11/25/2019 REIMB/POSTAGE STAMPS/ADOPT A TREE RENEWA 110.00BENNETT, ROBERT02210412/13/2019 51983768 110.00

Voucher: 46322

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530 11/25/2019 JAZZ IN THE VILLAGE/DEC 4, 11, 18/PERFOR 690.00BIEN, EUGENE Y02626312/13/2019 51983769 690.00

Voucher: 46323

143926 12/3/2019 ENGRAVED OCTAGON AWARDS/EMPLOYEE/TEAM OFBIG JOHN'S TROPHIES00118212/13/2019 51983770 200.56

208.27142714 7/22/2019 ENGRAVE/TROPHY PLATE 46324 7.71Voucher:

267138-5 12/9/2019 TREE LIGHTING/EQUIPMENT RENTALBUNCE DBA AMERICAN PARTY PLACE00227512/13/2019 51983771 454.02

267139-5 12/9/2019 TREE LIGHTING/BANQUET TABLES/CHAIRS/RENT 46326 347.70Voucher:

f4481 11/30/2019 FINANCE CHARGE/OKTOBERFEST/INV #265336-5 904.52 102.80

75309-000 11/21/2019 CORD SET 17.84CENTER ELECTRIC, INC.00278212/13/2019 51983772 17.84

Voucher: 46327

1480583210 11/15/2019 PHONES/LONG DISTANCE/INTERNETCENTURYLINK00115212/13/2019 51983773 3,979.88

3,992.431481135593 11/23/2019 LONG DISTANCE 46328 12.55Voucher:

206-Z20-0051 11/20/2019 PHONES/CITY WIDECENTURYLINK00115212/13/2019 51983774 672.63

728.91253-584-0775 12/1/2019 PHONE/KOBAYASHI 46329 56.28Voucher:

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100565439 11/21/2019 WATER/3761 BP WAY WCITY OF TACOMA00102412/13/2019 51983776 66.15

100668537 10/10/2019 WATER/7150 CIRQUE DR W 46330 24,527.89Voucher:

100068203 11/27/2019 POWER/3715 BP WAY W 1,781.52

100110228 12/4/2019 POWER/3715 BP WAY W #B5 1,678.95

100358203 11/8/2019 POWER/7150 CIRQUE DR W 1,086.86

101102107 12/4/2019 POWER/3555 MARKET PL W 985.09

101117614 12/4/2019 POWER/3612 DREXLER DR W 740.81

100612293 12/2/2019 POWER/5103 BP WAY W 377.48

101098584 12/4/2019 POWER/7450 MARKET SQ. W 291.91


100087691 12/4/2019 POWER/3697 BRIDGEPORT WAY W 286.30

100137272 12/3/2019 WATER & POWER/1901 SEAVIEW AVE W 248.39

100617905 12/4/2019 POWER/3525 BP WAY W 237.73

100892483 12/2/2019 POWER/5400 BP WAY W 196.86

100751205 12/4/2019 WATER/3555 MARKET PLACE WEST 182.22



100892486 12/2/2019 POWER/6400 BP WAY W 160.71

101031174 11/6/2019 POWER/6706 24TH ST W 121.42

100495884 12/4/2019 POWER/3625 DREXLER DR 113.03

100125070 12/2/2019 POWER/5370 BP WAY W 101.65

100955347 12/4/2019 POWER/3715 BP WAY W, #E HSE 98.91

100456986 12/2/2019 POWER/5918 HANNAH PIERCE RD W 84.66

100951901 12/5/2019 POWER/7723 CHAMBERS CREEK RD W 84.07

100138171 12/4/2019 POWER/3998 BP WAY W 83.07


100105615 12/4/2019 POWER/3503 BP WAY W 69.10


100312961 12/4/2019 POWER/3715 BP WAY W #A3 55.98

101129840 12/4/2019 POWER/3609 MARKET PLACE WEST #102 55.36

100156353 12/4/2019 POWER/4720 BP WAY W 53.35

100714386 12/4/2019 POWER/3609 MARKET PL #201 53.27

100306925 12/5/2019 POWER/8020 CHAMBERS CK RD W 49.71

100093125 11/22/2019 POWER/8513 33RD ST W #A 46.64

100165190 11/21/2019 POWER/3761 BP WAY W 45.19

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100052902 12/4/2019 POWER/ 3715 BP WAY W/#A HSE 40.02

100312900 12/4/2019 POWER/3715 BP WAY W #E3 37.60

100737837 12/2/2019 POWER/5702 BP WAY W 36.87

100955346 12/4/2019 POWER/3715 BP WAY W, #D HSE 33.79

100445063 12/4/2019 POWER/3715 BP WAY W, #E2 32.20

100302273 12/4/2019 POWER/3715 BP WAY W #D2 30.85

100079046 12/4/2019 POWER/3715 BP WAY W #D5 29.20

100439837 12/4/2019 POWER/3501 72ND AVENUE CT W 28.40

100079031 12/4/2019 POWER/3715 BP WAY W, #D4 23.96

100312960 12/4/2019 POWER/3715 BP WAY W #A2 23.80

100802489 12/4/2019 POWER/3904 BP WAY W 22.83


100086155 12/4/2019 POWER/7801 40TH ST W 7.77

100086165 12/4/2019 POWER/7813 44TH ST W 7.77

100615001 11/20/2019 POWER/2247 E DAY ISLAND BLVD W 35,126.67 5.90

143704 12/9/2019 PETTY CASH FUND/REIMBURSEMENT/NOV19 13.00CITY OF UNIVERSITY PLACE00110812/13/2019 51983777 13.00

Voucher: 46331

131373 11/21/2019 CABLE TV/ATRIUM 37.08CITY TREASURER02516112/13/2019 51983778 37.08

Voucher: 46332

32205 11/18/2019 METALLIC LINE DETECTION/40TH ST W/67TH A 170.00C-N-I LOCATES, LTD02614512/13/2019 51983779 170.00

Voucher: 46333

849835010117473912/1/2019 DEC6-JAN5/INTERNET/PW SHOP 158.53COMCAST02456512/13/2019 51983780 158.53

Voucher: 46334

2041928 11/26/2019 SAKRETE CONCRETE MIX/PALLET DEPOSITCOMMENCEMENT BAY CONST.INC.02407612/13/2019 51983781 249.40

216.342041929 11/26/2019 REFUND/PALLET DEPOSIT 46335 -33.06Voucher:

INV2061038 11/30/2019 NOV1-NOV30/OVERAGE CHARGECOPIERS NORTHWEST, INC.02434712/13/2019 51983782 303.09

INV2056644 11/22/2019 OCT21-NOV20/OVERAGE CHARGE 46336 144.25Voucher:

INV2058751 11/30/2019 OCT29-NOV28/OVERAGE CHARGE 18.18

INV2057522 11/25/2019 OCT23-NOV22/OVERAGE CHARGE 485.29 19.77

2543 1/3/2020 CONSTRUCTION DOCUMENTS/CIRQUE DR. WEST/P 1,680.00DESIGN TWO-FOUR/TWO-SIX02629412/13/2019 51983783 1,680.00

Voucher: 46337

164030 11/15/2019 BULK FUEL/PW SHOP 2,118.33DON SMALL & SONS OIL DIST CO00173712/13/2019 51983784 2,118.33

Voucher: 46338

6251119 11/2/2019 FTR ANNUAL MAINTENANCE AGREEMENT 1,131.97EFFICIENCY, INC.02323612/13/2019 51983785 1,131.97

Voucher: 46340

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0832981 11/25/2019 WMV SEWER CAP 26.18FERGUSON WATERWORKS02566012/13/2019 51983786 26.18

Voucher: 46342

9363989873 11/21/2019 DEGREASERGRAINGER02273912/13/2019 51983787 184.14

286.099370418031 11/29/2019 HEX DRIVER 46343 101.95Voucher:

4 11/11/2019 SOUNDVIEW DR PROJECT CLAIM RESOLUTION 778.16GRAY & OSBORNE INC00121212/13/2019 51983788 778.16

Voucher: 46344

130635 11/18/2019 GASB ACCOUNTING SERVICE/CONSULTING 423.65GRAY CPA CONSULTING, PC02593612/13/2019 51983789 423.65

Voucher: 46345

REIMB 12/2/2019 REIMB/ADOPT A TREE BANNER/CORE 138.47GURLEY, SUE02585112/13/2019 51983790 138.47

Voucher: 46346

0551317490 11/12/2019 PORTA POTTY RENTAL/CURRAN ORCHARDHONEY BUCKET00109612/13/2019 51983791 72.00

144.000551317491 11/12/2019 PORTA POTTY RENTAL/SKATE PARK 46347 72.00Voucher:

I-17606 11/22/2019 SMOOTH BLOCKOUT BANNER/TREE LIGHTINGIMAGE 36002386912/13/2019 51983792 365.94

I-17388 11/22/2019 GATORFOAM/DIRECT PRINT/TREE LIGHTING 46348 321.69Voucher:

I-17175 10/16/2019 DIGITAL VINYL DECALS 770.21 82.58

252575 11/20/2019 LEGAL REPRESENTATION/DPK LITIGATION 5,131.74INSLEE, BEST, DOEZIE & RYDER02599712/13/2019 51983793 5,131.74

Voucher: 46349

IN608982 12/2/2019 INKJET PAPER 198.09KELLEY IMAGING SYSTEMS02161612/13/2019 51983794 198.09

Voucher: 46350

NOV19 11/14/2019 COMMISSION/ANTHEM/LEASE EXTENSION 13,597.65KIDDER MATHEWS02611212/13/2019 51983795 13,597.65

Voucher: 46351

3092376351 11/30/2019 NOV19/ONLINE LEGAL SERVICES 109.90LEXISNEXIS00209112/13/2019 51983796 109.90

Voucher: 46352

REFUND 11/19/2019 REFUND/DUPLICATE PAYMENT/ALARM PERMIT 23.00MCLEOD, INGRID02629612/13/2019 51983797 23.00

Voucher: 46353

003156155 11/18/2019 #065205/BOTTLED WATER/COUNCIL CHAMBERSMOUNTAIN MIST WATER00137812/13/2019 51983798 204.07

003150915 11/14/2019 #075361/BOTTLED WATER/PW SHOP 46354 24.38Voucher:

003174253 11/27/2019 #065205/BOTTLED WATER/COUNCIL CHAMBERS 237.24 8.79

402313642001 11/13/2019 OFFICE SUPPLIESOFFICE DEPOT,INC.00215012/13/2019 51983799 239.89

407750307001 11/27/2019 COPY PAPER 46355 114.21Voucher:

397925225001 11/5/2019 CARTRIDGE TONER 108.98

406915125001 11/25/2019 MISC OFFICE SUPPLIES 75.06

403591336001 11/15/2019 RECOGNITION CERTIFICATES/HR 53.14

403595094001 11/15/2019 POST IT NOTES/HR 9.84

394145690001 10/28/2019 CREDIT/DESIGNJET/ORIG INV #383288160001 356.04-245.08

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212454100 11/26/2019 EXCAVATOR/RENTAL 1,135.82PAPE RENTS02561412/13/2019 51983800 1,135.82

Voucher: 46356

CI-279623 12/3/2019 OCT19/SPECIAL OVERTIMEPIERCE COUNTY BUDGET & FINANCE00110912/13/2019 51983801 17,349.78

CI-278798 11/26/2019 4THQTR19/MEMBERSHIP DUES/RAINIER COMMUNI 46357 12,870.57Voucher:

CI-278700 11/22/2019 OCT19/ANIMAL CONTROL & SHELTERING 8,912.40

CI-278553 11/21/2019 OCT19/JAIL SERVICES 8,877.75

CI-278818 11/27/2019 OCT19/TRAFFIC OPERATIONS MAINTENANCE 53,633.79 5,623.29

00664685 12/26/2019 SEWER/4951 GRANDVIEW DR WPIERCE COUNTY SEWER00158812/13/2019 51983802 218.95

00566276 12/1/2019 SEWER/3715 BP WAY W/FINAL BILLING 46358 119.25Voucher:

01571443 12/1/2019 SEWER/7520 CIRQUE DR W 38.72

01576739 12/1/2019 SEWER/3609 MARKET PL W/RETAIL CITY UNIT 38.72

01576721 12/1/2019 SEWER/3609 MARKET PL W/RETAIL UNIT B 38.72

01576712 12/1/2019 SEWER/3609 MARKET PL W/RETAIL UNIT A 38.72

01633279 12/1/2019 SEWER/1902 SEAVIEW AVE W 20.70

01512692 12/1/2019 SEWER/3555 MARKET PL W 20.70

00604682 12/1/2019 SEWER/2917 MORRISON RD W 555.18 20.70

3310118602 11/29/2019 RELAY 2000 INSERTING SYSTEM MACHINE 1,732.77PITNEY BOWES GLOBAL FIN. SVCS.00111412/13/2019 51983803 1,732.77

Voucher: 46359

NOV19 11/29/2019 NOV19/ACCT19533470/POSTAGE BY PHONE 820.00PITNEY BOWES GLOBAL FIN. SVCS.00111412/13/2019 51983804 820.00

Voucher: 46360

2 11/14/2019 OCT19/67TH AVE OVERLAY 330,874.49PUGET PAVING AND CONSTRUCTION02544512/13/2019 51983805 330,874.49

Voucher: 46361

200014542258 11/27/2019 GAS/7450 MARKET SQ WPUGET SOUND ENERGY CORP00116112/13/2019 51983806 489.58

200000971479 11/25/2019 GAS/4910 BRISTONWOOD DR W 46362 172.35Voucher:

300000009641 12/19/2019 GAS/3715 BP WAY W, #D2 & #A3 105.92

300000010987 12/2/2019 GAS/3715 BP WAY W, #E2 50.52

220008861142 12/19/2019 GAS/3715 BP WAY W, #BLDG D1 38.90

220014491314 11/27/2019 GAS/3715 BP WAY W #E1 893.27 36.00

REFUND 11/26/2019 REFUND/PET LICENSE/DOES NOT RESIDE IN UP 11.50RANDOLPH, PAMELA02629712/13/2019 51983807 11.50

Voucher: 46363

43495 9/30/2019 MEETINGS/18-37 SAGER 444.00SEWALL WETLAND CONSULTING, INC02341612/13/2019 51983808 444.00

Voucher: 46365

8128584719 11/15/2019 DOCUMENT SHREDDING 861.87SHRED-IT USA LLC02621812/13/2019 51983809 861.87

Voucher: 46366

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29498 11/15/2019 REPLACEMENT BULBS/SOCKETS FOR STREET 945.47STREET DECOR, INC02607112/13/2019 51983810 945.47

Voucher: 46367

061961 01 11/12/2019 IRRIGTION REPAIR PARTSTACOMA WINSUPPLY, INC.02531112/13/2019 51983811 473.77

062102 01 11/8/2019 PARTS/WMV SEWER CAP 46368 63.90Voucher:

062201 01 11/21/2019 DETECT TAPE WATER LINE 599.25 61.58

1119-3782CV 11/29/2019 STREET LIGHT REPAIRSTHOMPSON ELECTRICAL CONSTRUCT.00282312/13/2019 51983812 2,748.71

1119-3689CV 11/29/2019 STREET LIGHT REPAIRS 46369 2,192.51Voucher:

1119-3589CV 11/29/2019 STREET LIGHT REPAIRS 1,837.09

1119-3845CV 11/29/2019 WIRE THEFT REPAIR/FRED MEYER AREA 1,373.62

1119-3182CV 11/29/2019 CROSSWALK PATHWAY LIGHT/MATERIAL 8,503.97 352.04

9843352610 12/1/2019 CELL PHONE/CITY WIDE/PW & PARK MAINT 1,933.38VERIZON WIRELESS,LLC.00115312/13/2019 51983813 1,933.38

Voucher: 46370

2019110058 12/2/2019 NOV19/TELECOMMUNICATIONS SERVICE 315.00WA STATE00103212/13/2019 51983814 315.00

Voucher: 46371

2020RENEWALS 12/2/2019 2020 PESTICIDE LICENSE RENEWAL/PARKS STA 198.00WA STATE DEPT. OF AGRICULTURE02220212/13/2019 51983815 198.00

Voucher: 46373


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Check Date: 12/31/19 Check Range: 51983816-51983866 and Wire #341250 Claims Approval I, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered or the labor performed as described herein, that any advance payment is due and payable pursuant to a contract or is available as an option for full or partial fulfillment of a contractual obligation, and that the claim is a just, due and unpaid obligation against the City of University Place, and that I am authorized to authenticate and certify to said claim. I also certify that the following list of checks were issued to replace previously issued checks that have not been presented to the bank for payment. The original check was voided and a replacement check issued. Vendor Name Replacement Check # Original Check # Auditing Officer: (Signature on file.) Date:

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0000341250 12/18/2019 DEC19/ADMIN FEES 105.00PACIFICSOURCE ADMIN, INC.02163812/31/2019 341250 105.00

Voucher: 46407

12262019 12/26/2019 TRANSFORMER REMOVAL/WINDMILL VILLAGE 4,002.00CITY OF TACOMA00102412/27/2019 51983816 4,002.00

Voucher: 46381

60457 8781 060263 712/10/2019 ACCT# 6045787810602637 694.03AMAZON02614412/31/2019 51983817 694.03

Voucher: 46374

1991536864 12/10/2019 MAT RENTAL SERVICE/PW SHOP 24.46ARAMARK UNIFORM & CAREER APP02621212/31/2019 51983818 24.46

Voucher: 46375

10112019 10/11/2019 SUN BLOCKING WINDOW COVERINGS/INSTALLATI 1,203.41BUDGET BLINDS02366612/31/2019 51983819 1,203.41

Voucher: 46376

267137-5 12/14/2019 TREE LIGHTING/RENTAL EQUIPMENTBUNCE DBA AMERICAN PARTY PLACE00227512/31/2019 51983820 3,437.95

3,630.80270673-5 12/14/2019 TREE LIGHTING/EQUIPMENT RENTAL 46377 192.85Voucher:

20890563 12/13/2019 DEC19/GRAPHICS EQUIP LEASE/IRC75651/IRC7CANON FINANCIAL SERVICES02557312/31/2019 51983821 614.04

20890562 12/13/2019 DEC19/PLOTWAVE345/PRINTER LEASE/IPF785 46378 425.72Voucher:

20890561 12/13/2019 DEC19/COPIER LEASE/IR4551I 153.44

20890560 12/13/2019 DEC19/COPIER LEASE/IRC55351 153.24

20890564 12/13/2019 DEC19/COPIER LEASE/IR4551III 151.73

20890565 12/13/2019 DEC19/PAPERDECK-F1 1,526.43 28.26

8750 8/21/2019 BBQ GRILLS/CIRQUE PARK 1,336.38CASCADE RECREATION INC.02182112/31/2019 51983822 1,336.38

Voucher: 46379

MC-00207 12/5/2019 DEC19/COURT SERVICES 8,869.00CITY OF LAKEWOOD00305612/31/2019 51983823 8,869.00

Voucher: 46380

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100077160 12/13/2019 POWER/5202 67TH AVE WCITY OF TACOMA00102412/31/2019 51983825 461.35

100578632 12/4/2019 WATER/7450 MARKET SQ W 46382 366.93Voucher:


100775637 12/12/2019 POWER/7001 CIRQUE DR W 280.24

100092335 12/9/2019 POWER/3050 BP WAY W 275.66

100668537 12/12/2019 WATER/7150 CIRQUE DR W 223.93

100263915 12/12/2019 POWER & WATER/7250 CIRQUE DR W 193.76

101121519 12/11/2019 POWER/6602 BP WAY W 188.88

100679491 12/11/2019 POWER/8002 40TH ST W 183.30

100172057 12/18/2019 POWER & WATER/3920 GRANDVIEW DR W 177.50


100081728 12/11/2019 POWER/6701 BP WAY W 167.88

100324281 12/12/2019 POWER/7820 CIRQUE DR W 164.29


100798512 12/19/2019 POWER/4402 97TH AVE W H1 ST LTS 128.69

100963867 12/13/2019 POWER/4411 ELWOOD DR W 124.01


100905391 12/10/2019 POWER/9313 56TH ST W 116.50

100820972 12/9/2019 POWER/2700 SUNSET DR W 116.16



100895144 12/16/2019 POWER/ 8300 CIRQUE DR W 106.77

101065354 12/18/2019 POWER/8001 54TH ST. W 91.20

100933758 1/7/2019 POWER/7203 44TH ST W 89.08

100895151 12/17/2019 POWER/7901 CIRQUE DR W 74.45

101006141 12/11/2019 POWER/2698 BP WAY WEST 70.37

100185134 12/20/2019 POWER/4401 67TH AVE W 61.71


100344745 12/12/2019 POWER/6810 CIRQUE DR W 47.56

100306924 12/5/2019 POWER/8900 CHAMBERS CK RD W 46.00

100315888 12/5/2019 POWER/7401 CHAMBERS LN W 46.00

100256491 12/12/2019 POWER/7250 CIRQUE DR W 46.00


101040440 12/12/2019 POWER/7699 54TH ST W 42.89


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100312959 12/4/2019 POWER/3715 BP WAY W, #A1 26.00

100312905 12/4/2019 POWER/3715 BP WAY W, #A-3A 26.00

101150002 12/4/2019 POWER/3715 BRIDGEPORT WAY W #D-3 23.00

101126231 12/9/2019 WATER/7900 27TH ST W 22.85

100077151 12/12/2019 POWER/4000 OLYMPIC BLVD W 21.55



100072254 12/12/2019 POWER/8417 40TH ST W 18.11

100072268 12/12/2019 POWER/8901 40TH ST W 18.11

100072286 12/12/2019 POWER/ 8501 40TH ST W 18.11

100077140 12/12/2019 POWER/ 2900 GRANDVIEW DR W 18.11

100109710 12/11/2019 POWER/8902 40TH ST W 5,322.49 10.74

127202 12/6/2019 NOV19/HYDRANT USE/BRISTONWOOD 244.32CITY TREASURER00114012/31/2019 51983826 244.32

Voucher: 46383

130297 12/7/2019 DTA RECEIVERS/CITY HALL 4.50CITY TREASURER02516112/31/2019 51983827 4.50

Voucher: 46384

849835010113564912/7/2019 DEC12-JAN11/INTERNET/CIVIC BUILDING 173.41COMCAST02456512/31/2019 51983828 173.41

Voucher: 46385

8541-495725 12/19/2019 VOLT PHOTOCONTROLCONSOLIDATED ELECTR.DIST.CORP.00206612/31/2019 51983829 165.30

222.038541-494980 12/9/2019 175W LMP/LIGHT BULBS 46386 56.73Voucher:

INV2069653 12/17/2019 NOV14-DEC13/OVERAGE CHARGECOPIERS NORTHWEST, INC.02434712/31/2019 51983830 168.53

299.67INV2069231 12/16/2019 DEC13-JAN12/BASE RATE 46387 131.14Voucher:

REFUND 12/11/2019 REFUND/OVERPAID PET LICENSE 11.50ELLENBERGER, MARIE02629912/31/2019 51983831 11.50

Voucher: 46388

0832532 11/22/2019 8" PVC SWR SW CAP 171.44FERGUSON WATERWORKS02566012/31/2019 51983832 171.44

Voucher: 46389

1146 11/18/2019 25TH ANNIVERSARY CELEBRATION/PHASE 1 10,000.00FOSTER'S CREATIVE02628412/27/2019 51983833 10,000.00

Voucher: 46390

502730 8/20/2019 PAVEMENT MARKING MATERIALGEVEKO MARKINGS INC.02627412/31/2019 51983834 2,814.43

3,156.07502843 9/10/2019 OPTAMARK/TURN ARROW 46391 341.64Voucher:

2019-UNIVERSITY PLAC11/19/2019 FLASH VOTE SERVICES 9,900.00GOVERNANCE SCIENCES GROUP INC02613912/31/2019 51983835 9,900.00

Voucher: 46392

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360313 12/11/2019 2X6 R/L KDHT SELECT T&G FIR DECK 353.84GRAY LUMBER COMPANY00185812/31/2019 51983836 353.84

Voucher: 46393

00455 12/9/2019 TREE LIGHTING/EDITING/PHOTOSHOP 520.00HAGERTY, PATRICK02575212/31/2019 51983837 520.00

Voucher: 46394

252914 12/9/2019 DPK CONSTRUCTION LITIGATION 2,581.25INSLEE, BEST, DOEZIE & RYDER02599712/31/2019 51983838 2,581.25

Voucher: 46395

KI111961 12/6/2019 COMPLETE TRAFICON/LASER CAMERAS/CIRQUE & 13,659.62KAR-GOR INC02604412/31/2019 51983839 13,659.62

Voucher: 46396

0035 12/19/2019 VIDEOGRAPHY/TREE LIGHTING EVENT 880.00KELLMAN, DAVID02345412/31/2019 51983840 880.00

Voucher: 46397

REIMB 12/19/2019 REIMB/BROCHURES/CORE 208.37KLOSOWSKI, DEBBIE00107212/31/2019 51983841 208.37

Voucher: 46398

700070 12/7/2019 CUSTOMER # 700070/MISC PURCHASES 6.49KROGER - FRED MEYER STORES00196012/31/2019 51983842 6.49

Voucher: 46399

874-3507-900095-212/17/2019 MISC REPAIR & MAINTENANCE SUPPLIES 66.19LOWE'S BUSINESS ACCOUNT/GECRB00179712/31/2019 51983843 66.19

Voucher: 46400

321237 12/19/2019 ROAD SALT 5,918.22LTI, INC.02504112/31/2019 51983844 5,918.22

Voucher: 46401

29343 11/20/2019 CONSTRUCTION TESTING/INSPECTION/67TH OVE 3,500.00MATERIALS TESTING & CONSULTING02560912/31/2019 51983845 3,500.00

Voucher: 46402

260 11/30/2019 NOV19/HEARING EXAMINER SERVICEMCCARTHY & CAUSSEAUX00125812/31/2019 51983846 1,580.60

2,330.60259 10/31/2019 OCT19/HEARING EXAMINER SERVICE 46403 750.00Voucher:

31598 12/10/2019 MYSIDEWALK SUBSCRIPTION/1 YEAR/MAY 02-MA 6,500.00MYSIDEWALK, INC.02608712/31/2019 51983847 6,500.00

Voucher: 46404

414301906001 12/11/2019 TONER CARTRIDGESOFFICE DEPOT,INC.00215012/31/2019 51983848 204.44

408643063001 12/2/2019 PLANNER/PENCIL KIT 46405 56.10Voucher:

411633165001 12/5/2019 MISC OFFICE SUPPLIES/ENGINEERING 46.47

411634085001 12/5/2019 COLORED PENCILS/ENGINEERING 320.64 13.63

88318 12/10/2019 TREES/STREET PLANTINGPACIFIC PLANTS INC00245312/31/2019 51983849 1,005.59

1,632.0288377 12/12/2019 TREES/STREET PLANTING 46406 626.43Voucher:

CI-279777 12/5/2019 DEC19/POLICE SERVICESPIERCE COUNTY BUDGET & FINANCE00110912/31/2019 51983850 324,541.78

CI-279885 12/11/2019 NOV19/SPECIAL OVERTIME 46408 19,789.15Voucher:

CI-280144 12/19/2019 NOV19/JAIL SERVICES 3,932.44

CI-279746 12/4/2019 NOV19/TRAFFIC OPERATIONS MAINTENANCE 349,635.50 1,372.13

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001 12/10/2019 UPTV/PRODUCTION HOURS/OVERAGE 5,180.00PIERCE COUNTY BUDGET & FINANCE00110912/31/2019 51983851 5,180.00

Voucher: 46409

370284 12/5/2019 #011231/NOV19/CITY HALLPIERCE COUNTY SECURITY, INC.02469812/31/2019 51983852 2,195.60

010740 12/5/2019 #010740/NOV19/PARADISE POND 46410 225.00Voucher:

370815 12/5/2019 #009206/NOV19/KOBAYASHI 225.00

370771 12/5/2019 #009205/NOV19/CIRQUE PARK 2,870.60 225.00

43584 12/2/2019 REPORTS/LETTERS/19-188 IRWIN 296.00SEWALL WETLAND CONSULTING, INC02341612/31/2019 51983853 296.00

Voucher: 46411

CD50052821 12/1/2019 DEC19/LANDSCAPE MAINT/CUST#UN8071 14,497.31SIGNATURE LANDSCAPE SERVICES02581512/31/2019 51983854 14,497.31

Voucher: 46412

16201 11/27/2019 REPAIR PARTS/TREE PIT/CHANNEL SUPPLY & S 927.33STREICH BROS, INC02597212/31/2019 51983855 927.33

Voucher: 46413

I-650763-1 11/20/2019 ALUMINUM NAME PLATE/S.FLEMMINGTACOMA RUBBER STAMP, INC.00149612/31/2019 51983856 26.67

35.49I-650763-2 12/9/2019 SHIPPING FEE/NAME PLATE/FLEMMING 46414 8.82Voucher:

30076497 12/6/2019 SCREWS/DRILL BITS/DRILL SET 279.84TACOMA SCREW PRODUCTS INC00209712/31/2019 51983857 279.84

Voucher: 46415

5800011846 12/12/2019 VACTOR BAY/WASTE TESTING 193.00TESTAMERICA LABORATORIES,INC.02454212/31/2019 51983858 193.00

Voucher: 46416

1119-3521CV 12/4/2019 CIRQUE PARK/WIRE REPLACEMENTTHOMPSON ELECTRICAL CONSTRUCT.00282312/31/2019 51983859 7,180.82

1219-3948CV 12/18/2019 MISC STREET LIGHTING/REPAIRS & TROUBLESH 46417 4,633.11Voucher:

1019-3598CV 10/7/2019 JBOX LIDS/GRINDER TO CHECK CONDUIT 1,390.24

0819-3406CV 8/26/2019 RECEPTACLE IN UP POLICE STATION 631.93

12-3981CV 12/18/2019 LIGHTING REPAIRS/MARKET SQUARE 14,038.54 202.44

8260 11/12/2019 SITE VISIT/TREE RETENTION PLAN REVIEW/SA 225.00TREE RESOURCE02624812/31/2019 51983860 225.00

Voucher: 46418

1108202 12/18/2019 JAN20/BILLING PERIOD/REFUSE SERVICEUNIVERSITY PLACE REFUSE SV,INC00133112/31/2019 51983861 2,806.16

3,478.351108507 1/10/2019 JAN20/BILLING PERIOD/COMPACTOR 46419 672.19Voucher:

REFUND 12/19/2019 REFUND/HOLIDAY GALA/ATRIUM RENTAL 250.00UP FOR ARTS02209912/31/2019 51983862 250.00

Voucher: 46420

745000006 11/30/2019 CUSTOMER #745000006/NOV19/MAINT FEES 68.00US BANK02533612/31/2019 51983863 68.00

Voucher: 46421

I20003229 12/4/2019 NOV19/BACKGROUND CHECKS 55.00WA STATE PATROL00138912/31/2019 51983864 55.00

Voucher: 46422

1293786 11/1/2019 FALL SPRAY/CURRAN ORCHARD 1,483.65WASHINGTON TREE & LAWN CARE00212112/31/2019 51983865 1,483.65

Voucher: 46423

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550457 12/18/2019 VACTOR PARTSWILLIAMS OIL FILTER SERVICE CO00178112/31/2019 51983866 355.61

370.07550450 12/18/2019 SWEEEPER/PARTS 46424 14.46Voucher:


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CITY OF UNIVERSITY PLACE PROCLAMATION

WHEREAS, Dr. Martin Luther King Jr. dedicated his life to the American proposition that we have achieved and can continue to achieve non-violent social change; and WHEREAS, Dr. King advanced the cause of attaining social change for all people and the establishment of “the beloved community” worldwide; and

WHEREAS, Dr. King admonished us that it is far better to love than hate, to seek justice than revenge, and to refrain from acts of violence and not condone those who engage in it or profess hatred for any people, group or race;

NOW, THEREFORE, the City Council of the City of University Place urge the

citizens of our community to join in the observance of Martin Luther King Jr. week and to recommit themselves to Dr. King’s vision of a "Beloved Community."

PROCLAIMED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PLACE, WASHINGTON, ON JANUARY 6, 2020. _________________________ Kent Keel, Mayor ATTEST: ___________________________ Emelita Genetia, City Clerk

Business of the City Council City of University Place, WA

Expenditure Amount Appropriation Required: $379,500.00 Budgeted: $1,718,000 Required: $ 0.00

SUMMARY / POLICY ISSUES The City of University Place, on behalf of City of University Place, City of Lakewood and Pierce County (Chambers Creek Trail the stakeholders), requested Statements of Qualifications for Engineering Design and Construction services for three clear span pedestrian bridges and approximately 2,000 feet of elevated boardwalk above wetlands and across steep slopes for the Chambers Creek Canyon Trail. On November 4, 2019, applicants were interviewed and Gray & Osborne, Inc. was selected as the preferred engineering firm. To date, stakeholders have secured $1,418,000 RCO grant funding to be used for this project.

RECOMMENDATION / MOTION MOVE TO: Authorize the City Manager to execute a Professional Services Agreement with Gray & Osborne for

technical consultant and design services for the Chambers Creek Canyon Trail Bridge/Boardwalk in an amount not to exceed Three hundred Seventy-Nine Thousand Five Hundred dollars and no cents ($379,500.00).

Agenda No: 12D

Dept. Origin: Public Works, Parks & Facilities

For Agenda of: January 6, 2020

Exhibits:

Concurred by Mayor: __________ Approved by City Manager: __________ Approved as to form by City Atty.: __________ Approved by Finance Director: __________ Approved by Department Head: __________

Proposed Council Action: Authorize the City Manager to execute a Professional Services Agreement with Gray & Osborne for technical consultant and design services for the Chambers Creek Canyon Trail Bridge/Boardwalk in an amount not to exceed Three hundred Seventy-Nine Thousand Five Hundred dollars and no cents ($379,500.00).

Memo

DATE: November 19, 2019

TO: Steve Sugg, City Manager

FROM: Gary Cooper, Director of Public Works, Parks & Facilities

SUBJECT: Chambers Creek Trail Bridge and Boardwalk Engineering & Design

The City of University Place, City of Lakewood and Pierce County (the “Stakeholders”) are continuing to work together on the development of the Chambers Creek Trail project. In November of this year the Councils for each Jurisdiction signed the renewed Interlocal Letter of Agreement. Each agency has a role in this project. University Place is taking the lead on design and permitting, Lakewood will support the planning and permitting process, and Pierce County will take the lead on project coordination and construction management. All agencies will jointly fund the project.

In 2017, the Stakeholders were awarded an RCO grant in the amount of $1,418,000 to fund design and construction of the trail. The project includes two bridges and boardwalks over wetlands and seeps to facilitate creek crossings and an extension of the trail further down the canyon, where it will connect with existing trail facilities.

After publicly advertising for, and interviewing, Professional Engineer Consultants for the Engineering and Design of the bridges and boardwalks, the Stakeholders selected Gray & Osborne Engineering for this phase of the project.

Scope of Work Provide professional design and engineering services sufficient for construction via public bid for two pedestrian bridges, a small footbridge and boardwalks. Work includes project management, state and federal permitting as required, bid support, and may include construction administration services. Estimated cost for these services $379,500.

Major Project Elements

Bridge #1: Provide a connection between the Philips Rd SW Trailhead and the Kobayashi ParkTrailhead with +/‐ 115 linear feet of clear span.

Bridge #2: Located nearest to the proposed 86th Avenue West Trailhead with a +/‐140 linear feetof clear span.

Peach Creek Bridge: Small timber footbridge.

Boardwalk: +/‐ 1,970 linear feet of boardwalks

Final construction documents and all permitting are due by November 2020. The construction resulting from this work is scheduled for the 2021.

Deliverables/Tasks 1. Project Management2. Engineering, Design. Engineering & Bid Documents3. Permitting4. Bid Support/Construction Administration


Proposed Council Action:

Expenditure Amount Appropriation Required: $ 0.00 Budgeted: $ 0.00 Required: $0.00

SUMMARY / POLICY ISSUES In late 2019, the Council received a legislative proposal requesting that the Park Advisory Commission take up for discussion regulation of three possible areas: (1) smoking in the parks; (2) vaping in the parks; and (3) use of unmanned aerial vehicles (aka drones) within those parks. Given that the Parks Rules, codified at chapter 15.05 UPMC, were last meaningfully amended in 2007, the Park Advisory Commission would also be tasked with reviewing if there are any additional areas which warrant revisiting. After discussion at the December 2, 2019 Council meeting, the City Council stated its desire to refer this matter to the Park Advisory Commission, to seek public opinion, review and provide recommendations regarding potential amendments to chapter 15.05 UPMC.

RECOMMENDATION / MOTION MOVE TO: Adopt a resolution directing the Park Advisory Commission to review potential amendments to

Chapter 15.05 UPMC relative to Park Rules.

Agenda No: 12E

Dept. Origin: City Attorney


Exhibits: Resolution Concurred by Mayor: __________ Approved by City Manager: __________ Approved as to Form by City Atty.: __________ Approved by Finance Director: __________ Approved by Dept. Head: __________

Adopt a resolution directing the Park Advisory Commission to review potential amendments to Chapter 15.05 UPMC relative to Park Rules.

RESOLUTION NO. ____

A RESOLUTION OF THE CITY OF UNIVERSITY PLACE, WASHINGTON DIRECTING THE PARK ADVISORY COMMISSION TO REVIEW POTENTIAL AMENDMENTS TO CHAPTER 15.05 UPMC RELATIVE TO PARK RULES

WHEREAS, recently several other municipal entities have begun the process of reevaluating their park rules and related processes with an emphasis on public safety-related concerns which include tobacco use, vaping and unmanned aerial vehicles; and WHEREAS, the City of University Place Park Code, principally codified at chapter 15.05 of the University Place Municipal Code was last comprehensively amended in 2007; and

WHEREAS, since the Park Code was last amended, the Washington Legislature has passed new law which expressly provides for local regulation of vaping in public parks (RCW 70.345.210, 2016); and WHEREAS, in accordance with Chapter 1.35 UPMC, directives to the City’s Commissions are to be in the form of a City Council Resolution; and WHEREAS the City Council has created the Parks Advisory Commission to advise it on topics and matters relating to the City parks, as well as other matters as directed by the City Council;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PLACE, WASHINGTON, AS FOLLOWS: Section 1. Referral to Park Advisory Commission. The City Council hereby refers to the Park Advisory Commission, to seek public opinion, review and provide recommendations regarding potential amendments to chapter 15.05 UPMC. Section 2. Specific Direction to Park Advisory Commission. As part of its process, the Park Advisory Commission is expressly directed to consider, in addition to those matters which it must consider by either state law or the municipal code, the following:

a. Whether the University Place Municipal Code should be amended to prohibit, or otherwise regulate, public smoking, vaping or the use of unmanned aerial vehicles (aka drones) in the City’s parks; and

b. Identify whether there are any other amendments within the City’s Park Code which are warranted.

In addition, the Park Advisory Commission is directed to hold one or more joint meetings with the City’s Public Safety Advisory Commission regarding any proposed changes to the Municipal Code. The scope of any such joint meetings should necessarily include an evaluation of public safety impacts, if any, arising from any recommended changes to the Municipal Code.

Section 3: Timeline. The Park Advisory Commission shall report back to the City Council with

either its recommendations or a status update, no later than the week before the first City Council meeting of December 2020.

Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption.

ADOPTED BY THE CITY COUNCIL ON JANUARY 6, 2020. ________________________________ Mayor ATTEST: ____________________________ Emelita Genetia, City Clerk APPROVED AS TO FORM: ____________________________ Matthew S. Kaser, City Attorney


Expenditure Amount Appropriation Required: $0.00 Budgeted: $0.00 Required: $0.00

SUMMARY / POLICY ISSUES

Mindful of the Council’s priority goals of retaining businesses (Goal #1); preparing a long-range strategy for public safety needs (Goal #4); and addressing the Subarea Plan (Goal #5), staff identified the need to update the various components of the City’s nuisance abatement Code in aid of, and to complement these goals. As discussed at prior study sessions, this attached legislation is focused on three central goals: 1. Modernization of Existing Approaches and Challenges. In 1999, the City adopted nuisance-related provisions. These provisions, which are spread throughout the Municipal Code, have largely been unaddressed in the intervening 20 years. Since their adoption, the City’s approach to nuisance abatement has changed, State legislation has changed, provisions upon which the Municipal Code has relied have changed, and the demands placed on municipalities in conjunction with nuisance abatement have also changed. These recommended changes are informed by the challenges faced by neighboring jurisdictions, account for new legislation and designed to match the challenges faced by University Place. 2. Cost Recovery. A central challenge in code enforcement/nuisance abatement is to ensure that the City’s costs (if any) are meaningfully recovered. The current Code contains some notable lapses in this regard. Although 100% cost containment is not realistic, in those instances where it can be achieved, additional language is included within the Code to do so. 3. Addressing Due Process Concerns. While local governments enjoy a broad right of addressing nuisances, those approaches must be consistent with due process concerns. These provisions track and implement reasonable protections for those facing potential abatement action. Two final observations should also be reinforced which were addressed in prior study sessions. First, while this is a comprehensive set of changes to the municipal code, additional legislation will be necessary. To identify one example from the most recent study session, there are other nuisance-related provisions of the Code which are unaddressed, such as the noise ordinance, which have simply adopted the Pierce County Code by reference. At some point, additional legislation addressing these concerns will be necessary. Second, while there is no financial impact with this legislation, there will be a cost associated with the abatement of dangerous buildings, which will be incurred as the City undertakes those abatements.

RECOMMENDATION / MOTION MOVE TO: Pass an ordinance amending chapters 1.15, 1.20, 9.35 and 14.05, and creating a new chapter 9.60 of

the University Place Municipal Code; relating to nuisance and code enforcement processes.

Agenda No: 12F

Dept. Origin: City Attorney


Exhibits: Ordinance, Exhibits A,B,C,D Concurred by Mayor: __________ Approved by City Manager: __________ Approved as to Form by City Atty.: __________ Approved by Finance Director: __________ Approved by Dept. Head: __________

Proposed Council Action: Pass an ordinance amending chapters 1.15, 1.20, 9.35 and 14.05, and creating a new chapter 9.60 of the University Place Municipal Code; relating to nuisance and code enforcement processes.

ORDINANCE NO. ____

AN ORDINANCE OF THE CITY OF UNIVERSITY PLACE, WASHINGTON, AMENDING CHAPTERS 1.15, 1.20, 9.35 AND 14.05, AND CREATING A NEW CHAPTER 9.60 OF THE UNIVERSITY PLACE MUNICIPAL CODE; RELATING TO NUISANCE AND CODE ENFORCEMENT PROCESSES

WHEREAS, public nuisances are unsightly and unsanitary; create fire, safety and health hazards; interfere with the enjoyment of public and private property; degrade the character of neighborhoods; and have a detrimental effect on property values; and

WHEREAS, residents of the City of University Place have complained about public nuisances in their neighborhoods; and have requested that the city regulate and abate public nuisances within the city; and

WHEREAS, pursuant to RCW 35A.11.020 and RCW 35.23.440 (10) the city has the power to declare what shall be deemed nuisances; to prevent, remove, and abate nuisances at the expense of the parties creating, causing, committing or maintaining nuisances, and to levy a special assessment on the land or premises whereon the nuisance is situated to defray the cost or to reimburse the city for the cost of abating the same; and

WHEREAS, shortly following incorporation, the City has promulgated several sets of nuisance and code enforcement-related processes but the municipal code has not been updated, nor has it kept pace with current state legislation. It also contains outdated references; and

WHEREAS, a number of processes contained in the City’s current code do not reflect the best practices for code enforcement and nuisance-related enforcement processes. This necessarily slows the City’s response to meaningfully solving citizen concerns;and

WHEREAS, a number of other Washington jurisdictions have undertaken review of their nuisance processes and have identified matters which appropriately constitute nuisances; and

WHEREAS, it is now appropriate to update the City’s processes, mindful of current state law, the nature of the nuisances faced in this community and the need to reconcile the multiple tools at the City’s disposal to achieve the best outcomes for its residents.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UNIVERSITY PLACE, WASHINGTON, DO ORDAIN AS FOLLOWS:

Section 1. Chapter 1.15 of the University Place Municipal Code is amended as set forth in Exhibit A and set forth herein.

Section 2. Chapter 1.20 of the University Place Municipal Code is amended as set forth in Exhibit B and set forth herein.

Section 3. Chapter 9.35 of the University Place Municipal Code is amended as set forth in Exhibit C and set forth herein.

Section 4. Chapter 9.60 of the University Place Municipal Code is created as set forth in Exhibit D and set forth herein.

Section 5. Section 14.05.030 of the University Place Municipal Code entitled “Adoption of codes by reference,” is amended to read as follows:

The following codes are hereby adopted by this reference as if fully set forth in this chapter and as specifically modified or amended as set forth in this chapter:

A. The 2015 Edition of the International Building Code, including Appendix Chapter E, and ICC/ANSIA117.1-2009, and the 2015 International Existing Building Code and International Swimming Pooland Spa Code published by the International Code Council are hereby adopted by reference withthe exceptions noted in Chapter 51-50 WAC and subsequently amended by this chapter.

B. The 2015 Edition of the International Residential Code including Appendices F and Q as publishedby the International Code Council is hereby adopted as amended by the Washington State BuildingCode Council in Chapter 51-51 WAC and as subsequently amended by this chapter; provided, thatChapters 11 and 25 through 43 of this code are not adopted.

C. The 2015 Edition of the International Mechanical Code including adoption of the 2015 InternationalFuel Gas Code, published by the International Code Council, and 2014 NFPA 58 and 2014 NFPA54, published by the National Fire Protection Association, is hereby adopted by reference with theexceptions noted in Chapter 51-52 WAC.

D. The 2015 Edition of the International Fire Code published by the International Code Council ishereby adopted by reference with the additions, deletions, and exceptions contained in Chapter51-54A WAC, including Appendices B, C, D (Sections 105 and 106 only), E, F and G.

E. The 2015 Edition of the Uniform Plumbing Code, including Appendices A, B and I, published by theInternational Association of Plumbing and Mechanical Officials, is hereby adopted by referencewith the additions, deletions and exceptions contained in Chapter 51-56 WAC.

F. The 2015 Edition of the Washington State Energy Code, including commercial and residentialprovisions and appendices, is hereby adopted by reference with the additions, deletions andexceptions contained in Chapters 51-11C and 51-11R WAC.

G. The National Electrical Code, published by the National Fire Protection Association, as adoptedand enforced by Tacoma Public Utilities, is hereby adopted.

H. The 2018 Edition of the International Property Maintenance Code published by the InternationalCode Council is hereby adopted by reference.

Section 6. Section 14.05.040 of the University Place Municipal Code entitled, “Conflicts betweencodes,” is amended to read as follows,

In case of conflict among the building code, the residential code, the mechanical code, the fire code, and the plumbing code, and the property maintenance code, the first named code shall govern over those following. In case of conflicts between other codes and provisions adopted by this chapter, the code or provision that is most specific, as determined by the Building Official, shall apply.

Section 7. Chapter 9.15 of the University Place Municipal Code is repealed in its entirety.

Section 8. Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering.

Section 9. Severability. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be affected.

Section 10. Effective Date. This Ordinance will be shall be in full force and effect five (5) days after publication of the Ordinance Summary.

PASSED BY THE CITY COUNCIL ON JANUARY 6, 2020.

________________________________ Mayor

ATTEST:

_________________________________ Emelita J. Genetia, City Clerk

APPROVED AS TO FORM:

_________________________________ Matthew S. Kaser, City Attorney

Published: xx/xx/xx Effective Date: xx/xx/xx

Chapter 1.15

GENERAL PENALTY INFRACTION PROVISIONS

Sections: 1.15.010 General civil penalty. 1.15.020 General criminal penalty. 1.15.025 Other legal remedies. 1.15.030 Failure to respond to a civil infraction. 1.15.040 Enforcement officers.

1.15.010 General civil penalty.

Unless specific penalties other than as set forth in this section are established in an ordinance of the City for a violation of that ordinance the municipal code, a violation of a City ordinance the Municipal Code is punishable by a fine of up to $500.00 for each day that a violation occurs. In addition to the imposition of a civil penalty, a court may order a person found to have committed a civil infraction to make restitution, including any costs or expenses incurred by the City in abating or eliminating a public nuisance. In any court or administrative hearing to determine whether a violation has occurred the City shall have the burden of proving by a preponderance of the evidence that a violation occurred.

This section does not preempt the specific penalties set forth in ordinances of the City setting forth other penalties for violations of those ordinances the Municipal Code.

1.15.020 General criminal penalty.

For all ordinances of the City which set forth that a violation of the ordinance shall constitute a misdemeanor, upon conviction an offender shall be penalized by imprisonment in the County or City jail for a period up to 90 days and a fine of up to $1,000, or by both such fine and imprisonment. In addition, a defendant may be assessed court costs, jury fees and such other fees or costs as may be authorized in statute or court rules. In any court proceeding to enforce this section, the City shall have the burden of proving by evidence beyond a reasonable doubt that a violation occurred. In a proceeding under this section a defendant shall be accorded each and every right protected under the Constitutions of the United States of America and the State of Washington, all applicable Federal, State and local laws, and applicable court rules promulgated by the Washington Supreme Court and the inferior courts under the authority of the Washington Supreme Court.

1.15.025 Other legal remedies.

Nothing in this chapter limits the right of the City to pursue other lawful, criminal, civil or equitable remedies to abate, discontinue, correct or discourage unlawful acts under or in violation of the Code.

1.15.030 Failure to respond to a civil infraction.

It shall be a misdemeanor to fail to respond to a notice of civil infraction issued by a police officer or such other officers of the City as may be authorized to issue civil infractions. In any court proceeding to enforce this section, the City shall have the burden of proving beyond a reasonable doubt both that the violator was personally served with the notice of civil infraction and that the violator willfully failed to respond to the infraction by either appearing in court as directed or by paying the fine for the infraction.

1.15.040 Enforcement officers.

Department heads or supervisors and City employees as designated by the department head or supervisor, or employees of other governments performing enforcement services for the City pursuant to an interlocal

EXHIBIT A

agreement, shall be and are designated and appointed as “enforcement officers” and are authorized to initiate, issue and serve notices of civil infraction for violations of the University Place Municipal Code for regulation provisions or sections that are subject to their supervision, interpretation or enforcement. Such individuals are “citing officers,” as defined by Rule 1.2(j) of the Infraction Rules for Courts of Limited Jurisdiction.

Chapter 1.20

ENFORCEMENT

Sections: 1.20.010 Purpose. 1.20.015 Duty of Enforcement. 1.20.020 Definitions. 1.20.030 Voluntary correction. 1.20.040 Notice of civil violation. 1.20.050 Hearing before the hearings examiner. 1.20.060 Abatement by the city. 1.20.070 Criminal penalties. 1.20.080 Alternative abatement procedure. 1.20.085 Collection of civil fines and penalties. 1.20.090 Additional enforcement procedures. 1.20.100 Chapter 35.80 RCW adopted. 1.20.110 Improvement officer and appeals commission designated. 1.20.120 Improvement officer authority – Issuance of complaint. 1.20.130 Service of complaint. 1.20.140 Complaint hearing. 1.20.150 Determination, findings of fact and order. 1.20.160 Appeal to appeals commission. 1.20.170 Appeal to superior court. 1.20.180 Remediation – Penalties. 1.20.190 Tax lien. 1.20.200 Salvage. 1.20.210 Designation and enforcement. 1.20.220 Conflicts. 1.20.230 Meaning of terms.

1.20.010 Purpose.

The purpose of this chapter is to establish an efficient system to enforce the development and use regulations of the city, to provide an opportunity for a prompt hearing and decision on alleged violations of these regulations, to provide an administrative framework for resolving violations and to establish monetary penalties for violations. This chapter is intended to serve as an alternative to other means available to the City to remedy nuisance violations. This chapter shall apply to those violations of the public nuisance provisions of UPMC Title 9, Public Safety, UPMC Title 19, Zoning, and other sections making reference to this chapter.

1.20.015 Duty of enforcement.

It is the intent of the City Council that any duty of enforcement of any codes, ordinances or regulations of the City, or any part thereof, be owed to the public at large, and not to any individual members of the public. The City Council, further, intends to make no assurances or promises of protection thereby or enforcement thereof to any individual, and that no special relationship regarding enforcement of any code, ordinance or regulation shall exist with any individual which would set such individual apart from the general public.

1.20.020 Definitions.

As used in this chapter, unless a different meaning is plainly required:

EXHIBIT B

“Abate” means to repair, replace, remove, destroy or otherwise remedy a condition which constitutes a civil violation by such means in such a manner and to such an extent as the applicable department director determines is necessary in the interest of the general health, safety and welfare of the community. “Act” means doing or performing something. “Applicable department director” means the director of the department or his or her designee or any designated alternate empowered by ordinance or by the city manager to enforce a city ordinance or regulation including the assigned code enforcement official. “Civil violation” means a violation for which a monetary penalty may be imposed as specified in this chapter. Each day or portion of a day during which a violation occurs or exists is a separate violation. “Development” means the erection, alteration, enlargement, demolition, maintenance or use of any structure or the alteration or use of any land above, at or below ground or water level, and all acts authorized by a city regulation. “Emergency” means a situation which, in the opinion of the applicable department director, requires immediate action to prevent or eliminate an immediate threat to the health or safety of persons or property. “Hearings examiner” means the University Place hearings examiner and the office thereof established pursuant to Chapter 2.20 UPMC. “Omission” means a failure to act. “Person” means an individual, firm, association, partnership, corporation or any entity, public or private. “Person responsible for the violation” means any person who has an interest in the property. “Regulation” means and includes the following, as now or hereafter amended: 1. The public nuisance provisions of UPMC Title 9, Public Safety, and UPMC Title 19, Zoning; 2. All other city ordinances making reference to this chapter; 3. All standards, regulations and procedures adopted by the city making reference to this chapter; and 4. The terms and conditions of any permit or approval issued by the city, or any concomitant agreement with the city pursuant to city ordinances making reference to this chapter. “Repeat violation” means a violation of the same regulation in any location by the same person for which voluntary compliance previously has been sought within two years, a notice of civil violation or a civil infraction has been issued within two years. “Violation” means an act or omission contrary to a city regulation. 1.20.030 Voluntary correction. A. General. Where possible, the City shall should, but is not required to, attempt to secure voluntary correction by contacting the person responsible for the violation, explaining the violation and requesting correction. B. Issuance of Voluntary Correction Agreement. A voluntary correction agreement may be entered into between the person responsible for the violation and the city, acting through the applicable department director or designee.

1. Content. The voluntary correction agreement is a contract between the city and the person responsible for the violation under which such person agrees to abate the violation within a specified time and according to specified conditions. The voluntary correction agreement should include the following: a. The name and address of the person responsible for the violation; and b. The street address or a description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; and c. A description of the violation and a reference to the regulation which has been violated; and d. The necessary corrective action to be taken, and a date or time by which correction must be completed; and e. An agreement by the person responsible for the violation that the city may inspect the premises as may be necessary to determine compliance with the voluntary correction agreement; and f. An agreement by the person responsible for the violation that the city may abate the violation and recover its costs and expenses and/or a monetary penalty pursuant to this chapter from the person responsible for the violation if terms of the voluntary correction agreement are not met; and g. An agreement that by entering into the voluntary correction agreement, the person responsible for the violation waives the right to a hearing before the hearings examiner under this chapter regarding the matter of the violation and/or the required corrective action. 2. Right to a Hearing Waived. Upon entering into a voluntary correction agreement, the person responsible for the violation waives the right to a hearing before the hearings examiner under this chapter regarding the matter of the violation and/or the required corrective action. Notice of the waiver must be contained in the voluntary correction agreement. 3. Extension – Modification. An extension of the time limit for correction or a modification of the required corrective action may be granted by the applicable department director if the person responsible for the violation has shown due diligence and/or substantial progress in correcting the violation but unforeseen circumstances render correction under the original conditions unattainable. 4. Abatement by the City. The city may abate the violation in accordance with UPMC 1.20.060 if the terms of the voluntary correction agreement are not met. 5. Collection of Costs. If the terms of the voluntary correction agreement are not met, the person responsible for the violation shall be assessed a monetary penalty commencing on the date set for correction and thereafter, in accordance with 1.20.040(E), plus all costs and expenses of abatement, as set forth in UPMC 1.20.060(D)including a reasonable attorney’s fee. 6. Confession of Judgment. A voluntary correction agreement may take the form of a confession of judgment as provided by chapter 4.60 RCW. 1.20.040 Notice of civil violation. A. Issuance. 1. When the applicable department director City determines that a violation has occurred or is occurring and the city is unable to secure voluntary correction, pursuant to UPMC 1.20.030, the applicable department director City Manager or designee may issue a notice of civil violation. 2. The applicable department director may issue A a notice of civil violation without having attempted to secure voluntary correction as provided in UPMC 1.20.030 under the following circumstances:

a. When an emergency exists; or b. When a repeat violation occurs; or c. When the violation creates a situation or condition which cannot be corrected; or d. When the person knows or reasonably should have known that the action is in violation of a city regulation; or e. The person cannot be contacted or refuses to communicate or cooperate with the city in correcting the violation. B. Content. The notice of civil violation shall include the following: 1. The name and address of the person responsible for that violation; and 2. The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; and 3. A description of the violation and a reference to the provision(s) of the city regulation(s) which has been violated; and 4. The required corrective action and a date and time by which the correction must be completed, after which time the city may abate the unlawful condition; and 5. The date, time and location of an appeal hearing before the hearings examiner which will be at least 10 days but no more than 45 days from the date the notice of civil violation is issued; and 6. A statement indicating that the hearing will be canceled and no monetary penalty will be assessed if the applicable department director approves the completed, required corrective action at least 48 hours prior to the hearing; and 7. A statement that the costs and expenses of abatement incurred by the city and a monetary penalty in an amount per day for each violation as specified in subsection (E) of this section may be assessed against the person to whom the notice of civil violation is directed as specified and ordered by the hearings examiner. C. Service of Notice. The applicable department director or designee shall serve the notice of civil violation upon the person responsible for the violation, either personally or by mailing a copy of the notice of civil violation to such person at their last known address. If the person responsible for the violation cannot be personally served within Pierce County and if an address for mailed service cannot be ascertained, notice shall be served by posting a copy of the notice of civil violation conspicuously on the affected property or structure. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which the service was made, and if by posting, the facts showing that due diligence was used in attempting to serve the person personally or by mail. D. Extension. Extensions of the time specified in the notice of civil violation for correction of the violation may be granted at the discretion of the applicable department director or by order of the hearings examiner. E. Monetary Penalty. Unless a different penalty is set forth in this Code, Tthe monetary penalty for each violation per day or portion thereof shall be $500.00. F. Continued Duty to Correct. Payment of a monetary penalty pursuant to this chapter does not relieve the person to whom the notice of civil violation was issued of the duty to correct the violation.

G. Collection of Monetary Penalty. 1. The monetary penalty constitutes a personal obligation of the person to whom the notice of civil violation is directed. Any monetary penalty assessed must be paid to the city within 10 calendar days from the date of mailing of the hearings examiner’s decision or a notice from the city that penalties are due. 2. The city attorney is authorized to take appropriate action to collect the monetary penalty. 1.20.050 Hearing before the hearings examiner. A. Notice. A person to whom a notice of civil violation is issued will be scheduled to appear before the hearings examiner not less than 10 calendar days but no more than 45 days after the notice of civil violation is issued. Extensions may be granted at the discretion of the applicable department directorCity or Hearings Examiner. B. Prior Correction of Violation. The hearing will be canceled and no monetary penalty will be assessed if the applicable department director City approves the completed required corrective action at least 48 hours prior to the scheduled hearing. C. Procedure. The hearings examiner shall conduct a hearing on the civil violation pursuant to the rules of procedure of the hearings examiner. The applicable department director and the person to whom the notice of civil violation was directed may participate as parties in the hearing and each party may call witnesses. The city shall have the burden of proof to demonstrate by a preponderance of the evidence that a violation has occurred and that the required corrective action will correct the violation. The determination of the applicable department director as to the need for the required corrective action shall be accorded substantial weight by the hearings examiner in determining the reasonableness of the required corrective action. D. Decision of the Hearings Examiner. 1. The hearings examiner shall determine whether the city has established by a preponderance of the evidence that a violation has occurred and that the required correction will correct the violation and shall affirm, vacate, or modify the city’s decisions regarding the alleged violation and/or the required corrective action, with or without written conditions. 2. The hearings examiner shall issue an order to the person responsible for the violation which contains the following information: a. The decision regarding the alleged violation including findings of fact and conclusions based thereon in support of the decision; b. The required corrective action; c. The date and time by which the correction must be completed; d. The monetary penalties assessed based on the criteria in subsection (D)(3) of this section; e. The date and time after which the city may proceed with abatement of the unlawful condition if the required correction is not completed. 3. Assessment of Monetary Penalty. Monetary penalties assessed by the hearings examiner shall be in accordance with the monetary penalty in UPMC 1.20.040(E). a. The hearings examiner shall have the following options in assessing monetary penalties:

i. Assess monetary penalties beginning on the date the notice of civil violation was issued and thereafter; or ii. Assess monetary penalties beginning on the correction date set by the applicable department director, an alternate correction date set by the hearings examiner, or a date set forth in a voluntary correction agreement (if any) and thereafter; or iii. Assess less than the established monetary penalty set forth in UPMC 1.20.040(E) based on the criteria of subsection (D)(3)(b) of this section; or iv. Assess no monetary penalties. b. In determining the monetary penalty assessment, the hearings examiner shall consider the following factors: i. Whether the person responded to staff attempts to contact the person and cooperated with efforts to correct the violation; ii. Whether the person failed to appear at the hearing; iii. Whether the violation was a repeat violation; iv. Whether the person showed due diligence and/or substantial progress in correcting the violation; v. Whether a genuine code interpretation issue exists; and vi. Any other relevant factors. c. The hearings examiner may double the monetary penalty schedule if the violation was a repeat violation. In determining the amount of the monetary penalty for repeat violations the hearings examiner shall consider the factors set forth in subsection (D)(3)(b) of this section. 4. Notice of Decision. The hearings examiner shall send by certified mail return receipt requested a copy of the decision to the person to whom the notice of a civil violation was issued and to the applicable department director within 20 working days of the hearing. E. Failure to Appear. If the person to whom the notice of civil violation was issued fails to appear at the scheduled hearing, the examiner will enter an order with findings pursuant to subsection (D)(2) of this section and assess the appropriate monetary penalty pursuant to subsection (D)(3) of this section. The city will enforce the hearings examiner’s order and recover all related expenses, plus the cost of the hearing and any monetary penalty from that person. F. Appeal to Superior Court. An appeal of the decision of the hearings examiner must be filed with Pierce County superior court within 21 days of the issuance of the hearings examiner’s decision. Finality of Decision. The decision of all matters decided hereunder shall be final and conclusive unless, within twenty-one days from the date of the final decision, an applicant or an aggrieved party makes an application to a court of competent jurisdiction or competent administrative agency for review. 1.20.060 Abatement by the city. A. The city may abate a condition which was caused by or continues to be a civil violation when: 1. The terms of a voluntary correction agreement pursuant to UPMC 1.20.030 have not been met; or 2. A notice of civil violation has been issued and a hearing has been held as set forth in this Chapter and the required correction has not been completed by the date specified in the hearings examiner’s order; or

3. The condition is subject to summary abatement as provided for in subsection (B) of this section. B. Summary Abatement. Whenever any violation of a regulation causes a condition, the continued existence of which constitutes an immediate and emergent threat to the public health, safety or welfare or to the environment, the city may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement. C. Authorized Action by the City. Using any lawful means, the city may enter upon the subject property and may remove or correct the condition which is subject to abatement. The city may seek such judicial process as it deems necessary to effect the removal or correction of such condition. D. Recovery of Costs and Expenses. The costs, including incidental expenses, of correcting the violation shall be billed to the person responsible for the violation and/or the owner, lessor, tenant or other person entitled to control, use and/or occupancy of the property and shall become due and payable to the city within 10 calendar days. The term “incidental expenses” includes but is not limited to personal costs, both direct and indirect, including attorneys’ fees; costs incurred in documenting the violation; hauling, storage and disposal expenses; and actual expenses and costs of the city in preparing notices, specifications and contracts, and in accomplishing and/or contracting and inspecting the work; and the costs of any required printing and mailing. E. As provided by RCW 35A.21.405, the City Manager or designee is also authorized to file a special assessment against the property on which the notice of civil violation was assessed for the City’s costs in abating the nuisance and for any fines imposed. Before levying a special assessment, the City shall notify the property owner and any identifiable mortgage holder that a special assessment will be levied on the property and provide the estimated amount of the special assessment. The notice must be sent by regular mail. F. This section does not preclude the use of other abatement processes allowed by law. 1.20.070 Criminal penalties. A. Any person who knowingly and unlawfully obstructs, hinders, or delays a city official in the enforcement of this chapter shall be guilty of a misdemeanor. B. Any person who knowingly and unlawfully violates a decision and ordinance issued by the hearings examiner shall be guilty of a misdemeanor. C. Any person who knowingly and unlawfully hinders, delays or obstructs the enforcement of an agreement between the city of University Place and a person responsible for a violation shall be guilty of a misdemeanor. 1.20.080 Alternative abatement procedure. Any property on which violations of this chapter remain uncorrected after issuance of a notice of violation may, in addition to the procedures outlined above, be abated in accordance with the following additional procedures pursuant to RCW 35.21.310: A. When requested by the applicable department director and approved by the hearings examiner, the matter of a pending violation may be submitted to the city council for consideration whenever the violation consists of debris upon property constituting a fire hazard or a menace to public health, safety or welfare. In such instance, the procedures set forth in UPMC 1.20.030 through 1.20.060 shall be complied with to the extent not in conflict herein except that the decision of the hearings examiner pursuant to UPMC 1.20.050(D) shall be in the form of a recommendation to the city council. This alternate procedure may be requested by the applicable department director at any time prior to the hearing before the hearings examiner and only if the hearings examiner makes a finding that the violation constitutes a fire hazard or a

menace to public health, safety or welfare requiring removal or destruction of the debris constituting the violation. After consideration, the council may, by resolution, either accept, reject or modify the hearings examiner’s recommendation and require the property owner to abate the violation by removal or destruction, at his or her cost and expense, within a time specified in the resolution. B. The resolution shall not be passed until the property owner is given at least five days’ notice of the pendency of the proposed resolution. Such notice shall be served by the applicable department director pursuant to UPMC 1.20.040(C). The notice, either accompanied with or incorporated into the hearings examiner’s recommendation, shall describe the property involved, the nature of the hazardous condition, the corrective action required, and the date of the council meeting during which the matter will be considered. C. If the nuisance is not abated by the property owner within the time fixed in the resolution, the applicable department director may abate the same and mail a bill to the property owner covering the cost to the city of such abatement, including the applicable department director’s expense. If the property owner fails or refuses to pay the bill immediately, the applicable department director shall file a lien therefor against the property, which lien shall be in the same form, filed with the same officer and within the same time and manner and enforced and foreclosed as is provided by law for liens for labor and material. 1.20.085 Collection of civil fines and penalties. Pursuant to RCW 19.16.500, the civil fines and penalties ordered by the city’s hearings examiner may be collected by a licensed collection agency working under a contract with the city. 1.20.090 Additional enforcement procedures. A. Civil Infraction Citation. If after investigation, or after the complaint of residents or others, the applicable department director has probable cause to believe that the applicable standards or requirements of the University Place Municipal Code have been violated, the director may issue a civil infraction citation in accordance with Chapter 7.80 RCW, which is incorporated herein by reference, upon the owner, tenant, occupier, manager, agent, or other person responsible for the violation. B. The provisions of this chapter are not exclusive, and may be used in addition to other enforcement provisions authorized by city ordinance. 1.20.100 Chapter 35.80 RCW adopted. Chapter 35.80 RCW, Unfit Dwellings, Buildings and Structures, as it currently exists or is hereinafter amended, is hereby adopted. 1.20.110 Improvement officer and appeals commission designated. The code enforcement official and the code enforcement official’s designee is designated as the city’s “improvement officer,” and shall have the full scope of authority granted to that official under Chapter 35.80 RCW. The city of University Place’s hearings examiner is designated as the city’s “appeals commission,” and shall have the full scope of authority granted to that commission under Chapter 35.80 RCW. 1.20.120 Improvement officer authority – Issuance of complaint. If after a preliminary investigation of any dwelling, building, structure or premises, the improvement officer finds that it is unfit for human habitation or other use, the improvement officer may issue a complaint conforming to the provisions of RCW 35.80.030, stating in what respects such dwelling, building, structure or premises is unfit for human habitation or other use. In determining whether a dwelling, building, structure or premises should be repaired or demolished, the improvement officer shall be guided by the University Place Municipal Code and such other codes adopted pursuant to the University Place Municipal Code as

the improvement officer deems applicable, in particular the most recent edition of the International Property Maintenance Code. 1.20.130 Service of complaint. A complaint issued under UPMC 1.20.120 shall be served on the parties and posted on the subject property pursuant to RCW 35.80.030, and shall also be filed with the Pierce County auditor. All complaints or other documents posted on the subject property shall remain in place until the complaint has been resolved. For purposes of service, such complaints or other documents are deemed effective on the day of posting. 1.20.140 Complaint hearing. Not less than 10 days nor more than 30 days after serving a complaint, the improvement officer shall hold a hearing conforming to the provisions of RCW 35.80.030, at which all parties in interest shall be given the right to appear in person, to bring witnesses, and to give testimony regarding the complaint. At any time prior to or at the time of the hearing, any party may file an answer to the complaint. The improvement officer shall adopt procedural rules governing the procedure of such hearing, which shall be available for public inspection at the city clerk’s office. 1.20.150 Determination, findings of fact, and order. Within 10 days of the complaint hearing, the improvement officer shall issue a determination, findings of fact, and order stating the improvement officer’s determination as to whether the subject dwelling, building, structure or premises is unfit for human habitation or other use, the findings of fact supporting the determination, and an order specifying the actions necessary to address any unfitness and a deadline for completing the actions. The determination, findings of fact, and order shall be served and posted as set forth in UPMC 1.20.130, and if no appeal is filed within the deadline specified in UPMC 1.20.050, a copy of the determination, findings of fact, and order shall be filed with the Pierce County auditor. 1.20.160 Appeal to appeals commission. Within 30 days of service of a determination, findings of fact, and order, any party may file an appeal to the appeals commission. Such an appeal shall be governed by the city of University Place hearings examiner’s procedural rules, except that the appeals commission shall conduct a hearing on the appeal and issue a ruling within 60 days from the date the appeal is filed; and if the appeals commission issues any oral findings of fact, the ruling shall contain a transcript of such findings in addition to any findings issued at the time of the ruling. The ruling shall be served and posted as set forth in UPMC 1.20.130, and if no appeal is filed within the deadline specified in UPMC 1.20.050, a copy of the ruling shall be filed with the Pierce County auditor. 1.20.170 Appeal to superior court. Any person affected by a determination, findings of fact, and order issued by the improvement officer, who has brought an appeal before the appeals commission pursuant to UPMC 1.20.160, may, within 30 days after the appeals commission’s ruling has been served and posted pursuant to UPMC 1.20.130, petition the Pierce County superior court for an injunction restraining the improvement officer from carrying out the provisions of the determination, findings of fact, and order. In all such proceedings, the court is authorized to affirm, reverse or modify the order, and such trial shall be heard de novo. 1.20.180 Remediation – Penalties. If a party, following exhaustion of the party’s rights to appeal, fails to comply with the determination, findings of fact, and order, the improvement officer may direct or cause the subject dwelling, building, structure or premises to be repaired, altered, improved, vacated, and closed, removed, or demolished pursuant to Chapter 35.80 RCW.

1.20.190 Tax lien. The cost of any action taken by the improvement officer under UPMC 1.20.180 shall be assessed against the subject property pursuant to Chapter 35.80 RCW. Upon certification by the city of University Place finance director that the assessment amount is due and owing, the Pierce County treasurer shall enter the amount of such assessment upon the tax rolls against the subject property pursuant to the provisions of RCW 35.80.030. 1.20.200 Salvage. Materials from any dwelling, building, structure, or premises removed or demolished by the improvement officer shall, if possible, be salvaged and sold as if the materials were surplus property of the city of University Place, and the funds received from the sale shall be credited against the cost of the removal or demolition; and if there be any balance remaining, it shall be paid to the parties entitled thereto, as determined by the improvement officer, after deducting the costs incident thereto. 1.20.210 Designation and enforcement. A. The code enforcement officer(s) is/are the person(s) authorized by the city manager to enforce the civil and criminal provisions of the University Place Municipal Code, including issuance of civil infraction, notice and orders of violation, and criminal misdemeanors. B. The code enforcement officer may call upon the police, fire, building, public works or any other appropriate city departments to assist in enforcement. As used in this chapter, “code enforcement officer” shall also mean any applicable department director as designated by the city manager. C. This chapter shall be enforced for the benefit of the health, safety, and welfare of the general public, and not for the benefit of any particular person or class of persons. 1.20.220 Conflicts. In the event of a conflict between this chapter and any other provision of the city or city ordinances providing for a civil penalty, this chapter shall control. Provisions of the public safety code in UPMC Title 9, Public Safety, do not apply to this chapter. 1.20.230 Meaning of terms. For the purposes of this code, whenever “civil infraction” and “civil penalty” are used in any code, ordinance or regulation of the city, these terms shall be deemed to have the same meaning as the terms “civil violation” and “monetary penalty,” respectively, as used herein.

Chapter 9.35 PUBLIC NUISANCES Sections: 9.35.010 Purpose and construction. 9.35.015 Definitions. 9.35.020 Duty to maintain real property. 9.35.025 Prohibited conduct. 9.35.030 Public nuisances. 9.35.035 Abatement of public nuisance. 9.35.036 Serving of orders. 9.35.037 Contents of order. 9.35.038 Alternative abatement procedure. 9.35.040 Penalties and enforcement. 9.35.050 Authorizing enforcement assistance from the Tacoma-Pierce County Health Department. 9.35.060 Appeals. 9.35.010 Purpose and construction. The purpose of this chapter is to define, regulate and provide for the abatement of public nuisances; reduce fire, safety and health hazards; preserve and enhance the attractiveness of the City’s neighborhoods; and protect property values within the City. This chapter is an exercise of the City’s police power and is necessary for the health, safety and welfare of the City and to preserve and protect the public peace. Therefore, the provisions of this chapter shall be liberally construed for the accomplishment of such purposes. 9.35.015 Definitions. All terms used in this chapter shall have their common definition meaning. In addition to the common definition meaning, the terms used shall mean as follows: “Abate” means to repair, replace, remove, destroy or otherwise remedy a condition that violates this chapter. “Abandoned vehicle” means any vehicle left on a public right-of-way or on private property without the consent of the property owner for a period of 72 hours or longer. “Apparently inoperable” means a vehicle that meets any of the following criteria:

The vehicle is: 1. Covered or partially covered by moss, leaves, needles or other vegetation; or has grass

or other vegetation growing up around the vehicle; or other circumstances exist that support a reasonable belief that the vehicle has not been moved for 30 days or more;

2. Has any visibly damaged, missing, or broken major components, including but not limited to any of the following: windows, windshields, headlights, taillights, mirrors, body panels, hoods, doors, bumpers, trunk lids, driver’s seats, steering wheels, grill covers, radiators, or any major mechanical or electrical equipment; or

3. For any other reason appears in such a condition as to not be legally operable on a public road.

“Building materials” means lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, asphalt, concrete block, roofing materials, cans of paint and similar materials. A "blight on the surrounding neighborhood" is any property, dwelling, building, or structure that meets any two of the following factors: (1) If a dwelling, building, or structure exists on the property, the dwelling, building, or structure has not been lawfully occupied for a period of one year or more; (2) the property,

EXHIBIT C

dwelling, building, or structure constitutes a threat to the public health, safety, or welfare as determined by the executive authority of the county, city, or town, or the designee of the executive authority; or (3) the property, dwelling, building, or structure is or has been associated with illegal drug activity during the previous twelve months. “Garbage” means waste food products, other organic waste products and packaging materials from food products. “Housing Unit” means:

(1) a house; (2) an apartment; (3) a mobile home; (4) a group of rooms; or (5) a single room that is (a) occupied as separate living quarters, (b) in which the occupants live and eat separately from any other persons in the building, and (c) which have direct access from the outside of the building through a common hall.

“Junk” means discarded, broken or disabled items, including, but not limited to, furniture, appliances, toys, vehicle parts, building materials, tools, machinery parts or other items that are not in functioning condition. "Junk Vehicle" has the same definition as set forth in RCW 46.55.010(5). “Marijuana Nuisance” means the production or processing of marijuana or marijuana-infused products, or the storage or growing of marijuana plants where any portion of such activity can be readily seen by normal unaided vision or readily smelled from a public place or the private property of another “housing unit” as defined in this Section. “Landowner” means an owner of private property, or a person in possession or control of private property. “Person” means human beings of either sex as well as firms, partnerships, corporations, and all associations of human beings, whether acting by themselves or by a servant, agent or employee. “Premises” means any building, lot, parcel, real estate, land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips. “Public nuisance” means a thing, act, failure to act, occupation or use of property which (1) annoys, injures or endangers the comfort, repose, health or safety of the public; (2) unlawfully interferes with, obstructs, or renders dangerous for passage any stream, river, channel, public park, square, street, alley, highway or sidewalk; or (3) renders the public insecure in life or use of property; or (4) is recognized as a nuisance as defined by state law, federal law, or elsewhere within this Code. All of the conditions enumerated in UPMC 9.35.030 are “public nuisances.” “Responsible party” means any person owning property, as shown on the real property records of Pierce County or on the last assessment roll for taxes, and shall also mean any lessee, tenant or person having possession of the property. There may be more than one responsible party for a particular property. “Trash” includes, but is not limited to, used, discarded, torn or broken paper; plastic; glass; cardboard; packaging materials; small pieces of scrap metal; wire; pipe; stone; plaster; cement; office supplies; cosmetics; bottles; cans; jars; or boxes. “Yard waste” means any accumulation of leaves; trimmings from trees, brush and shrubs; cut grass and weeds; or garden waste. 9.35.020 Duty to maintain real property. Any person owning, leasing, renting, occupying or in charge of any real property in the City, including vacant lots, has a duty to maintain the property free from junk, trash, yard waste and any other nuisance as defined in this chapter, in order that such property shall not endanger the safety, health or welfare of the general public.

9.35.025 Prohibited conduct. It is a violation of this chapter for any person to permit, create, maintain or allow upon any premises, any of the acts or things declared to be public nuisances herein. 9.35.030 Public nuisances. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance: A. Any unfenced, uncovered, unguarded or abandoned pit, hole, excavation, well, septic tank, cesspool,

pond, or swimming pool into which a child or other person could fall. B. Attractive nuisances dangerous to children, including, but not limited to, abandoned, broken or

neglected vehicles, boats, equipment and machinery; refrigerators, freezers or other insulated containers within which a child could suffocate; and abandoned, dilapidated or structurally unsound buildings.

C. The existence or accumulation of any garbage or organic waste on the premises, including, but not

limited to, bones; hides; skins; dead animals, fish or fowl; waste food products; or manure; provided that nothing herein shall prevent the temporary retention of such waste in approved covered receptacles or the temporary retention of waste food products and manure in enclosed compost piles.

D. The existence or accumulation of any trash, litter or inorganic waste, including, but not limited to, used,

broken, torn or discarded paper, cardboard, plastic, rags, empty bottles, cans, glass, plaster, barrels, boxes, crates, packing cases, construction debris, Styrofoam, excelsior, hay, straw, packing materials, scrap metal, wire, pipe, crockery, and plaster not enclosed in covered bins or metal receptacles approved by the City.

E. The existence or accumulation of any junk, including, but not limited to, broken, discarded, torn, or non-

functional furniture, mattresses, bedding, appliances, toys, vehicle parts, building materials or other articles of personal property.

F. The accumulation of yard waste, including, but not limited to, grass cuttings, weeds, brush, tree limbs,

vegetation, garden waste, debris or organic matter which may be a fire hazard, or in which flies or rodents may breed and multiply, or which is a hazard to the public health, safety or welfare; provided that nothing herein shall prevent the temporary retention of yard waste in an enclosed compost pile.

G. The existence of noxious or toxic weeds which could be hazardous to health, including, but not limited

to, poison oak, poison ivy, and deadly nightshade; or the existence of overgrown grass, weeds or shrubs in which flies and rodents may breed and multiply or which may be a fire hazard pursuant to the Uniform Fire Code as adopted by reference in the University Place Municipal Code.

H. The outdoor burning or disposal of refuse, sawdust, wood or other material in such a manner as to

cause or permit ashes, sawdust, soot or cinders to be cast upon private or public property, including City streets, rights-of-way and alleys, or to cause or permit the smoke, ashes, soot or gases arising from such burning to pollute the air or endanger the health, safety and welfare of the public; provided, that this section shall not apply where the party responsible for the action has obtained a burning permit from the applicable fire department or local air quality authority.

I. Any toxic, radioactive, caustic, explosive, flammable, combustible, malodorous, or septic substances,

unless kept in proper receptacles as provided by the health and refuse laws or by the Uniform Fire Code.

J. The existence or accumulation of building material, lumber, salvage materials, scrap iron, tin and other metal, wire, stone, cement or brick which is unsightly and may be an attractive nuisance; provided, that this subsection shall not apply if the materials are associated with an active building permit, or are neatly piled and screened from view from the public right-of-way or any neighboring property. K. Any fence or structure which is sagging, leaning, fallen, decayed, dangerous, or a fire hazard. Any building which is determined to be a dangerous building pursuant to the Uniform Code for the Abatement of Dangerous Buildings as adopted by reference other provisions of the University Place Municipal Code. L. The existence of any dead, diseased, infested or dying tree that may constitute a danger to property or persons. M. All trees, plants, shrubs, vegetation or fences overhanging or on any sidewalk, street, or public right-of-way, which: 1. Obstruct or impair the free and full use of the sidewalk or street by the public, or 2. Damage, obstruct or endanger power lines, cables, conduits, sewers or drains located within a public right-of-way, or 3. Obstruct the public’s vision of intersections from the streets, sidewalks and public right-of-way. All tree limbs overhanging a public sidewalk which are less than 10 feet above the surface of the sidewalk and all tree limbs overhanging a public street which are less than 12 feet above the surface of the street are deemed to obstruct or impair the full use of the sidewalk or street. N. Maintaining a Marijuana Nuisance. O. Retain or store, except if permitted by any other City ordinance, any of the following: 1. One or more junk, wrecked, dismantled, partially dismantled, or apparently inoperable vehicles; or 2. Body parts, engines or drive-train parts, wheels, tires, or any other parts, assemblies or components of automobiles and other vehicles; 3. One or more abandoned vehicles. Unless such vehicles are (a) completely enclosed within a building sited, constructed and maintained in full compliance with the terms of any permit, license, statute, regulation, ordinance or order regulating such activity; (b) screened from neighboring properties and the right-of-way; or (c) stored or parked in a lawful manner on private property in connection with the legal business of a licensed dismantler, motor vehicle wrecker, licensed vehicle dealer, junk, salvage or wrecking yard, which is operating in full compliance with the terms of any permit, license, statute, regulation, ordinance or order regulating such activity, including the property fencing and screening provisions in RCW 46.80.130. P. Any building or structure where construction was commenced and then ceased and the building or structure was left unfinished, or any building or structure that has been constructed or modified without required permits. Q. Any structure, vehicle or other personal property that has been found contaminated and declared unfit or use by a local health officer pursuant to RCW 64.44.030. R. Any structure or personal property maintained in violation of the terms of a written order issued by the City of University Place, the Tacoma-Pierce County Health Department, or the local fire prevention district. S. The failure to maintain yard space thereof reasonably neat and clean and free of uncut grass, weeds, blackberry vines, bushes and debris, so as to prevent rodent, insect or other pest infestation, and so as to prevent a fire hazard. T. Constitutes a blight on the surrounding neighborhood.

9.35.035 Abatement of public nuisance. A. The responsible person or persons for any premises on which a nuisance as defined in UPMC 9.35.030

is found, shall abate such nuisance by removal, trimming, demolition, rehabilitation or repair. B. Whenever any declared nuisance, source of filth or cause or probable cause of injury to health shall be

found to exist on any private or public property, the City Manager or designee shall have the power and authority to order verbally and/or in writing the owner or occupant or user thereof, by appropriate action, at the expense of such owner, occupant, or user to correct and remove such nuisance, source of filth or cause or probable cause of injury to health within such time as the City Manager or designee may order.

C. In the event of the refusal or failure to remove such nuisance within said time, the City Manager or

designee may cause such nuisance to be abated at the expense of such person or persons, which cost may be recovered by the City from such person or persons in an action brought in the name of the City to recover the same in any court of competent jurisdiction.

D. As provided by RCW 35A.21.405, the City Manager or designee is also authorized to file a special

assessment against the property on which the nuisance was abated for the City’s costs in abating the nuisance. Before levying a special assessment, the City shall notify the property owner and any identifiable mortgage holder that a special assessment will be levied on the property and provide the estimated amount of the special assessment. The notice must be sent by regular mail.

E. In any such abatement by the City, the City shall also be entitled to interest accruing at the rate of

twelve percent (12%) per annum from the time of the expenditure of funds by the City for such abatement, or such other maximum rate established by law.

9.35.036 Serving of Orders. A. Any order described in Section 9.35.035(B) of this Code required to be served on a person, owner,

agent or occupant of a premises, shall be deemed to have been served under any of the following conditions:

1. Such order is delivered to such person by any authorized representative of the City Manager or

designee; 2. Such order is mailed (by first class mail, postage prepaid and by a form of mail that requires the signed

receipt showing when and to whom it was delivered) to the owner, representative of the owner, or the last known occupant of the premises;

3. Such order, properly signed, is posted by an authorized representative of the City Manager or designee upon any portion of such premises visible from a public place; or

4. In such manner as a summons and complaint may be served. 5. If the whereabouts of such persons are unknown and the same cannot be ascertained by the City

Manager or designee in the exercise of reasonable diligence and the City Manager or designee shall make an affidavit to that effect, then the order may also be served by publishing the same twice, once each week for two consecutive weeks, in the official newspaper of the City.

9.35.037 Contents of Order. The order shall contain, among other things, the following information: A. Name of owner or other persons interested; B. The location of the premises, identified by street address or legal description of the premises or other brief description; C. General description of the premises considered a nuisance; D. A statement or list of items in violation of this Chapter; E. A reasonable time for correction of the violation. In the instance of a junk vehicle or abandoned vehicle, the period of time shall be no less than fifteen (15) days.

F. A copy of the order may be filed with County Auditor, which filing shall have the same force and effect as other lis pendens orders provided by law. 9.35.038 Alternative abatement procedure. In addition to the procedures outlined in this Chapter, nuisances may be abated in accordance with the following additional procedures pursuant to RCW 35.21.310: A. When requested by the City Manager, the matter of a pending violation may be submitted to the City

Council for consideration whenever the violation consists of trees, plants, shrubs or vegetation, or parts thereof, which overhang any sidewalk or street or which are growing thereon in such manner as to obstruct or impair the free and full use of the sidewalk or street by the public; and may further so require the owner of any property therein to remove or destroy all grass, weeds, shrubs, bushes, trees or vegetation growing or which has grown and died, and to remove or destroy all debris, upon property owned or occupied by them and which are a fire hazard or a menace to public health, safety or welfare. After consideration, the Council may, by resolution, either accept, reject or modify the recommendation and require the property owner to abate the violation by removal or destruction, at his or her cost and expense, within a time specified in the resolution.

B. The resolution shall not be passed until the property owner is given at least five days’ notice of the

pendency of the proposed resolution. The notice shall describe the property involved, the nature of the hazardous condition, the corrective action required, and the date of the Council meeting during which the matter will be considered.

C. If the nuisance is not abated by the property owner within the time fixed in the resolution, the City may

abate the same and mail a bill to the property owner covering the cost to the City of such abatement. If the property owner fails or refuses to pay the bill immediately, the City may file a lien therefor against the property, which lien shall be in the same form, filed with the same officer and within the same time and manner and enforced and foreclosed as is provided by law for liens for labor and material.

9.35.040 Penalties and enforcement. In order to discourage public nuisances and otherwise promote compliance with applicable Code provisions, the City may undertake any of the following enforcement actions: A. Civil Penalties. Any person who fails to comply with the provisions of this chapter shall be subject to a

civil penalty infraction in accordance with Chapter 1.15 UPMC 7.80 RCW. The existence of an order as set forth under this chapter shall not be a prerequisite for the issuance of civil infractions.

B. Enforcement Actions Authorized. Initiate enforcement actions as authorized by this chapter or

elsewhere within the Municipal Code or as permitted by law. C. Require abatement by means of a judicial abatement order, and if such abatement is not timely

completed by the person or persons responsible for a Code violation, undertake the abatement and charge the reasonable costs of such work as authorized by this chapter;

D. Order work stopped at a site by means of a stop work order, and if such order is not complied with,

assesses civil penalties as authorized by this chapter. E. Suspend, revoke, or modify any permit or business license previously issued by the City or deny an

application for a permit or business license when other efforts to achieve compliance have failed. An action under this subsection shall be governed by the processes particular to such permit or license;

BF. Other Legal Remedies. Nothing in this chapter limits the right of the City to pursue other lawful, criminal, civil or equitable remedies to abate, discontinue, correct or discourage unlawful acts under or in violation of this chapter. C. Enforcement action by the City shall be in accordance with Chapter 1.20 and/or 1.30 UPMC at the City’s discretion. G. In addition to or as an alternative to any other penalty provided herein or by any other nuisance ordinance, the City shall be entitled to its costs, reasonable attorneys’ fees and reimbursement of staff time and expenses in any action to enforce the provisions of this Chapter or any other nuisance regulation ordinance. H. Summary Abatement. Nothing in this Chapter prohibits the City from taking any emergency action for the summary closure of such property when it is necessary to avoid an immediate threat to public welfare and safety. The City may take summary action to close the property without complying with the notification provisions of this chapter, but shall provide such notice as is reasonable under the circumstances. 9.35.050 Authorizing enforcement assistance from the Tacoma-Pierce County Health DepartmentOther Agencies. The City may obtain enforcement assistance from other governmental agencies Tacoma-Pierce County Health Department is hereby authorized to assist City officials in the enforcement of this chapter. 9.35.060 Appeals. A. The City Hearing Examiner is designated to hear appeals by property owners or those having an interest in the property subject to an abatement order as set forth in Section 9.35.035(B) UPMC, PROVIDED, HOWEVER, the Hearing Examiner shall not have the authority to adjudicate civil infractions issued under chapter 7.80 RCW. B. Any applicant or licensee may, within fourteen (14) days after receipt of an abatement order, file with the City Clerk a written notice of appeal. No fee shall be required for the filing of an appeal. C. As soon as practicable after receiving the written appeal, the City Clerk shall fix a date, time, and place for the hearing of the appeal by the Hearing Examiner. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing by the City Clerk, by mailing a copy addressed to each appellant at his or her address shown on the notice of appeal. D. At the hearing, the appellant or appellants shall be entitled to appear in person, and to be represented by counsel and to offer such evidence as may be pertinent and material to the denial or to the notice and order. The technical rules of evidence need not apply. E. Only those matters or issues specifically raised by the appellant or appellants in the written notice of appeal shall be considered in the hearing of the appeal. F. Unless the parties agree otherwise or circumstances do not otherwise permit, within ten (10) business days following conclusion of the hearing, the Hearing Examiner shall make written findings of fact and conclusions of law, supported by the record, and a decision which may affirm, modify, or overrule the denial or order of the City, and may further impose terms and conditions relative to the abatement of the nuisance, and may further impose upon an unsuccessful appellant the costs associated with the appeal. G. Failure of any person to file an appeal in accordance with the provisions of this Chapter shall constitute a waiver of the right to an administrative hearing and adjudication of the abatement order.

9.35.070 State Provisions Adopted by Reference. A. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: 7.48.010 Actionable nuisance defined. 7.48.050 Moral nuisances—Definitions. 7.48.120 Nuisance defined. 7.48.130 Public nuisance defined. 7.48.140 Public nuisances enumerated. 7.48.150 Private nuisance defined. 7.48.155 Unlawful use of firearm or deadly weapon—Arrest required. 7.48.160 Authorized act not a nuisance. 7.48.170 Successive owners liable. 7.48.180 Abatement does not preclude action for damages. 7.48.190 Nuisance does not become legal by prescription. 7.48.200 Remedies. 7.48.240 Certain places of resort declared nuisances. 7.48.250 Penalty—Abatement. 7.48.280 Costs of abatement. B. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full. To the extent that such provisions impose or modify requirements elsewhere within this chapter, the RCW sections shall be reconciled with the provisions set forth in this chapter to provide effect to both, provided however, in the event of a conflict, the RCW section shall prevail: RCW 46.55.240(3) Local Ordinances -- Requirements

Unfit dwellings, buildings, and structures Sections 9.60.010 Purpose - Findings 9.60.020 Definitions 9.60.030 Authority 9.60.040 Criteria for Unfit or Dangerous Structures 9.60.050 Inspection and Complaint 9.60.060 Findings and Order 9.60.070 Appeals 9.60.080 Enforcement of Order 9.60.090 Sale or Disposal of Materials and Contents 9.60.100 Recovery of Expenses 9.60.110 Demolition of Dangerous Building 9.60.120 Permits, Regulation and Workmanship 9.60.130 Remedies Not Exclusive 9.60.140 Public Nuisance 9.60.010 Purpose – Findings Pursuant to chapter 35.80 of the Revised Code of Washington (RCW), the City Council finds that there are within the City of University Place, dwellings which are unfit for human habitation and buildings, structures, and premises or portions thereof which are unfit for other uses due to dilapidation, disrepair, structural defects, unpermitted and substandard construction or modification, filth and other conditions attracting insects or vermin or likely to spread disease, defects increasing the hazards of fire, accidents, or other calamities, or other similar conditions and violations of various building, health, and safety regulations, and/or which are vacant, unsecured, and abandoned or apparently abandoned. Such dwellings, buildings, structures, and premises are dangerous to occupants, threaten the public health, safety, and welfare, attract and harbor vagrants and criminals, offend public values, lower the value of neighboring properties, contribute to neighborhood or community deterioration, and hamper community and economic development. When the owners or other persons in possession or control of such properties are unwilling or unable to correct such conditions in a proper and timely manner, it is in the interest of the community for the City to intervene and correct, repair, or remove such buildings, structures, and conditions and to pursue all legal means to recover from such persons and/or properties the costs of doing so, including the costs of staff salaries and benefits, materials, contractors, and all other legally recoverable costs and expenses. 9.60.020 Definitions Unless the context provides otherwise, the following words and phrases where used in this Chapter shall have the meaning and construction given in this section: A. “Abate” shall mean to put an end to, or otherwise diminish the intensity of, any condition causing a structure to be dangerous or unfit. B. “Abandoned” or “Apparently Abandoned” shall mean any structure or premises that is so neglected, or other characteristics exist, such that it appears to be vacant and not cared for by any owner, occupant, or other party. C. “Public Officer” shall mean and include the Building Official or designees. D. “Person” shall mean and include any individual, business, corporation, organization, or entity. E. “Owner” shall mean the owner or taxpayer shown in the records of the Pierce County Assessor-Treasurer, recorded with the Pierce County Auditor, or as otherwise known to the City of University Place, and shall include any manager or other representative of the owner, or other person with responsibility for or control over the structure or premises.

EXHIBIT D

F. “Structure” shall mean or include that which is built or constructed or a portion thereof. 9.60.030 Authority of Public Officer The Public Officer is hereby authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this Chapter. These powers shall include the following in addition to others granted in this Chapter: (a)(i) To determine which dwellings are unfit for human habitation; (ii) to determine which buildings, structures, or premises are unfit for other use; (b) to administer oaths and affirmations, examine witnesses, and receive evidence; and (c) to investigate the dwelling and other property conditions and to enter upon premises for the purpose of making examinations when the Public Officer has reasonable ground for believing they are unfit for human habitation, or for other use, PROVIDED, that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession, and to obtain an order for this purpose after submitting evidence in support of an application which is adequate to justify such an order from a court of competent jurisdiction in the event entry is denied or resisted; PROVIDED FURTHER that the Public Officer may recognize and give appropriate effect to special and extenuating circumstances which, in order to do substantial justice, warrant the exercise of discretion to adjust the timeframes, standards and other provisions of this chapter. Examples of circumstances which may warrant such exercise of discretion include, without limitation, medical illness or disability affecting a property owner’s ability to respond to orders or appear at hearings and bona fide insurance coverage disputes which create a definite risk that enforcement of this chapter would unfairly result in a substantial economic loss to the property owner. 9.60.040 Criteria for Unfit or Dangerous Structures The Public Officer may determine that a structure is dangerous or unfit for human habitation or other use if he finds that conditions exist in such structure which are dangerous or injurious to the health, safety, or welfare of the occupants of such structure, the occupants of neighboring structures, or other residents of the City. Such conditions may include the following, without limitations:

1. Any door, aisle, passageway, stairway, or other means of exit is too narrow or small, or other factors or conditions exist, so as to be unsafe or to hinder safe exit in case of panic, fire, or other emergency.

2. The walking surface of any aisle, passageway, stairway, or other means of exit is so warped, worn,

loose, torn, or other factors or conditions exist, so as to be unsafe or to not provide safe and adequate means of exit in case of panic, fire, or other emergency.

3. The stress in any materials, member, or portion thereof, due to dead and live loads, is more than

one and one-half times the working stress or stresses allowed in the Building Code, chapter 15A.8 UPMC for new buildings of similar structure, purpose, or location.

4. Any portion has been damaged by fire, earthquake, wind, flood, deterioration, neglect, or any other

cause, to such an extent that the structural strength or stability thereof is materially less than it was before such damage or deterioration and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose, or location.

5. Any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged,

or to collapse and thereby injure persons, damage property, or render other portions of the structure or premises unsafe or unfit to occupy.

6. Any portion of a building, or any member, appurtenance, or ornamentation on the exterior thereof

is not of sufficient strength or stability, or is not so anchored, attached, or fastened in place as to be capable of resisting a wind pressure of one-half of that specified in the Building Code for new buildings of similar structure, purpose, or location without exceeding the working stresses permitted in the Building Code for such buildings.

7. Any portion thereof is wracked, warped, buckled, settled, or other conditions exist, such that walls or other structural portions have materially less resistance to wind, earthquakes, snow, or other loads, than is required in the case of similar new construction.

8. The building or structure, or any portion thereof, because of (i) dilapidation, deterioration, or decay;

(ii) faulty construction; (iii) the removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay, or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse.

9. For any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose

for which it is being used or is designed and intended to be used. 10. The exterior walls or other vertical structural members list, lean, or buckle to such an extent that a

plumb line passing through the center of gravity does not fall within the middle one-third of the base. 11. The building or structure, exclusive of the foundation, shows 33% or more damage or deterioration

of its supporting member or members, or 50% damage or deterioration of its non-supporting members, enclosing or outside walls or coverings.

12. Any structure or premises that is damaged by fire, wind, earthquake, flood, or any other cause, has

become dilapidated, deteriorated, or neglected, or is abandoned or apparently abandoned and not thoroughly and adequately secured against unauthorized entry, so as to (i) be an attractive nuisance to children; (ii) attract and/or provide harborage for vagrants, criminals, or immoral persons; or (iii) enable persons to resort thereto and commit unlawful, immoral, or dangerous acts.

13. Any building or structure has been constructed, exists, or is maintained in violation of any specific

requirement or prohibition applicable to such building or structure provided by the building regulations of this jurisdiction, as specified in the Building Code, chapter 14.05 UPMC or of any other law of this State or ordinance of the City relating to the condition, location, or structure of buildings.

14. Any building or structure, which, whether or not erected in accordance with all applicable laws and

ordinances, has in any non-supporting part, member, or portion less than 50% or in any supporting part, member, or portion less than 66% of the (i) strength, (ii) fire-resisting qualities or characteristics, or (iii) weather-resisting qualities or characteristics required by law for newly-constructed buildings of like area, height, and occupancy in the same location.

15. Any structure or premises which, because of: neglect, dilapidation, decay, damage, or faulty

construction; inadequate light, air, or sanitation facilities; infestation of rodents, roaches, wood-destroying organisms, or other vectors of disease; filth or accumulation of garbage; or for any other reason, is unsanitary, unfit for human habitation or occupancy, or in such a condition that is likely to cause sickness or disease.

16. A structure or premises, because of obsolescence, deterioration, damage, lack of sufficient or

proper fire-resistive construction or fire-protection systems, faulty electric wiring or components, gas connections, or mechanical systems, or other cause, is determined by the City or local fire protection district to be a fire hazard.

17. Equipment or systems which are unsafe due to damage, deterioration, faulty or inadequate

maintenance or construction, or any other reason. 18. Any portion of a structure remaining on a site after the demolition or destruction of the structure or

any structure abandoned so as to constitute such structure or portion thereof an attractive nuisance or hazard to the public.

19. Any building or structure in such a condition as to constitute a public nuisance known to the

common law or in equity jurisprudence.

20. Any other condition the Building Official or other official or expert can articulate that renders the structure unsafe or unfit for habitation or occupancy. 9.60.050 Inspection and Complaint If, after a preliminary investigation of any dwelling, building, structure, or premises, the Public Officer finds that it is dangerous or unfit for human habitation or other use, he shall cause to be served either personally or by certified mail, with return receipt requested, upon all persons having any interest therein, as shown upon the records of the Pierce County Auditor, and shall post in a conspicuous place on such property, a complaint stating in what respects such dwelling, building, structure, or premises is unfit for human habitation or other use. If the whereabouts of any of such persons is unknown and the same cannot be ascertained by the Public Officer in the exercise of reasonable diligence, and the Public Officer makes an affidavit to that effect, then the serving of such complaint or order upon such persons may be made either by personal service or by mailing a copy of the complaint and order by certified mail, postage prepaid, return receipt requested, to each such person at the address of the building involved in the proceedings, and mailing a copy of the complaint and order by first class mail to any address of each such person in the records of the Pierce County Treasurer-Assessor or Auditor. Such complaint shall contain a notice that a hearing will be held before the Public Officer, at a place therein fixed, not less than ten days nor more than thirty days after the serving of the complaint; and that all parties in interest shall be given the right to file an answer to the complaint, to appear in person, or otherwise, and to give testimony at the time and place in the complaint. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Public Officer. A copy of such complaint shall also be filed with the Pierce County Auditor and such filing of the complaint or order shall have the same force and effect as other lis pendens notices provided by law. 9.60.060 Findings and Order A. If, after the required hearing, the Public Officer determines that the dwelling is dangerous or unfit for human habitation, or building or structure or premises is unfit for other appropriate use, he/she shall state in writing his/her findings of fact in support of such determination, and shall issue and cause to be served upon the owners and parties in interest thereof, as provided in UPMC 9.60.050, and shall post in a conspicuous place on the property, an order that (i) requires the owners and parties in interest, within the time specified in the order, to repair, alter, or improve such dwelling, building, structure, or premises to render it fit for human habitation, or for other appropriate use, or to vacate and close the dwelling, building, structure, or premises, if such course of action is deemed proper on the basis of the standards set forth in UPMC 9.60.040; or (ii) requires the owners and parties in interest, within the time specified in the order, to remove or demolish such dwelling, building, structure, or premises, if this course of action is deemed proper on the basis of those standards. If no appeal is filed, a copy of such order shall be filed with the Pierce County Auditor. B. In ordering the required course of action to be taken by the owner to abate the unfit or dangerous structure, the Public Officer may order the structure or a portion thereof demolished and not repaired under the following circumstances: i. The structure is patently illegal with regard to building, zoning, or other regulations; ii. The estimated cost to repair the structure or portion thereof is more than 50% of the value of the structure or portion thereof; or, iii. The estimated cost to repair the structure or portion thereof is less than 50% of the value and repairing and/or securing the structure from entry would, nevertheless, cause or allow the structure to remain a hazard or public nuisance. The value of the structure shall be as determined by the Pierce County Assessor-Treasurer. In estimating the cost of repairing the structure, the Public Officer may rely upon such cost estimating publication or method the Public Official deems appropriate.

9.60.070 Appeals A. Within thirty days from the date of service upon the owner and posting of the decision issued under UPMC 9.60.060, the owner or any party in interest may file an appeal with the City Clerk for a hearing before the Hearing Examiner. All matters under this Chapter shall be resolved by the Hearing Examiner within sixty days from the date of filing therewith and a transcript of the findings of fact of the Examiner shall be made available to the owner or other party in interest upon demand. The findings and orders of the Hearing Examiner shall be reported in the same manner and shall bear the same legal consequences as if issued by the Public Officer. B. Absent an injunction issued by a court of competent jurisdiction, in accordance with RCW 35.80.030(2) as now or hereinafter amended, within thirty days after posting and service of the Hearing Examiner’s Order, the decision of the Hearing Examiner shall be final. 9.60.080 Enforcement of Order If the owners or parties in interest, following exhaustion of his or her rights to appeal, fails to comply with the final order to repair, alter, improve, vacate, close, remove, or demolish the dwelling, building, structure, or premises, the Public Officer may direct or cause such dwelling, building, structure, or premises to be repaired, altered, improved, vacated and closed, removed, or demolished. In the enforcement of this section, the Public Officer is authorized to enter the structure and/or premises for inspection, testing, sampling, or other purposes preparatory to and in the conduct of the repairs, demolition, or other actions, to hire contractors as necessary to perform the work, and to spend public funds to complete the work. 9.60.090 Sale or Disposal of Materials and Contents Prior to removing or demolishing the dwelling, building, structure, or premises, the Public Officer shall, if reasonably possible, attempt to sell the materials and/or contents of the dwelling, building, structure, or premises, and shall credit the proceeds of such sale against the cost of the removal or demolition and, if there be any balance remaining, it shall be paid to the parties entitled thereto, as determined by the Public Officer, after deducting the costs incident thereto. 9.60.100 Recovery of Expenses A. The amount of the cost of such repairs, alterations or improvements; or vacating and closing; or removal or demolition by the Public Officer; or litigation associated with an order issued under this chapter, shall be assessed against the real property upon which such cost was incurred unless such amount is previously paid. Pursuant to RCW 35.80.030(1)(h), the amount of such costs shall constitute a lien against the property of equal rank with state, county, and municipal taxes. B. For purposes of this section, the cost of vacating and closing shall include (i) the amount of relocation assistance payments that a property owner has not repaid to the City of University Place or other local government entity that has advanced relocation assistance payments to tenants under RCW 59.18.085; (ii) all penalties and interest that accrue as a result of the failure of the property owner to timely repay the amount of these relocation assistance payments under RCW 59.18.085; and (iii) all other reasonable expenses, including but not limited to, the costs of staff time, reasonable attorney fees, materials, incidentals, mailing, publishing, and recording notices. Upon certification to him, by the Public Officer, of the assessment amount being due and owing, the County Assessor/Treasurer shall enter the amount of such assessment upon the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as provided for in RCW 84.56.020 for delinquent taxes, and when collected to be deposited to the credit of the general fund of the City.

9.60.110 Demolition of Dangerous Building In enforcement of this section, the Public Officer may have the structure demolished, even if the order does not require demolition, if the estimated cost to repair the structure or portion thereof is less than 50% of the value and the structure is abandoned or the owner is unresponsive, and repairing and/or securing the structure from entry would, nevertheless, cause or allow the structure to remain a hazard or public nuisance, continue a non-conforming use, or otherwise be an unreasonable use of public funds. 9.60.120 Permits, Regulations and Workmanship All repairs, improvements, maintenance, or other work, performed in relation to any enforcement under this code shall be performed and completed in a workmanlike manner and in compliance with all permitting and other requirements of all applicable codes and regulations. The owner shall be responsible for identifying and complying with all applicable codes and regulations. 9.60.130 Remedies Not Exclusive A. This chapter does not abrogate or impair the powers of the courts or of any department of the City to enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof; and the powers conferred by this section shall be in addition and supplemental to the powers conferred by any other law. B. This section does not impair or limit in any way the power of the City to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise. 9.60.140 Public Nuisance Any structure or premises subject to complaint or order under this chapter is also a public nuisance.


Expenditure Amount Appropriation Required: $51,115.69 Budgeted: $54,000.00 Required: $0.00

SUMMARY / POLICY ISSUES The City has been invoiced by Eden Systems/Tyler Technologies for maintenance and technical support for the City’s financial systems covering the period of January 1, 2020 through December 31, 2020, shown in the attached invoice, the total of which is $51,115.69. Funds are identified within the IT 2020 budget. The maintenance agreement is necessary to insure the integrity of the system and ongoing business processes of the City.

ALTERNATIVE CONSIDERED

N/A

BOARD OR COMMITTEE RECOMMENDATION

N/A

RECOMMENDATION / MOTION MOVE TO: Authorize the City Manager to approve payment of $51,115.69 for the Eden Systems/Tyler

Technologies invoice for financial systems software maintenance and support covering January 1, 2020 through December 31, 2020.

Agenda No: 12G

Dept. Origin: Communications/Information Technology


Exhibits: Invoice Concurred by Mayor: __________ Approved by City Manager: __________ Approved as to form by City Atty.: __________ Approved by Finance Director: __________ Approved by Department Head: __________

Proposed Council Action: Authorize the City Manager to approve payment of $51,115.69 for the Eden Systems/Tyler Technologies invoice for financial systems software maintenance and support covering January 1, 2020 through December 31, 2020.

STUDY SESSION

Memo

University Place City Hall 3609 Market Place West, Suite 200 Tel 253.566.5656 University Place, WA 98466-4488 Fax 253.566.5658 www.CityofUP.com

DATE: January 6, 2020

TO: City Council

FROM: Matt Kaser, City Attorney

SUBJECT: Affordable Housing Local Revenue Sharing

During the December 2, 2019 Council Meeting, in response to the City Manager’s Report, Council expressed an interest in exploring further whether to access a newly available funding source for affordable housing.

In the 2019 legislative session, the State approved a local revenue sharing program for local governments by providing a local sales and use tax credit against the state sales tax. Similar to the recent LRF bond refinancing, it is a credit against the state sales tax, but for housing investments. This local sales tax authority is a credit against the state sales tax, so it does not increase the sales tax for the consumer. The tax credit is in place for up to 20 years and can be used for acquiring, rehabilitating, or constructing affordable housing; operations and maintenance of new affordable or supportive housing facilities; and, for smaller cities, rental assistance. The funding must be spent on projects that serve persons whose income is at or below sixty percent of the median income of the city imposing the tax. Cities can also issue bonds to finance the authorized projects. Additionally, cities may enter into an interlocal agreement with other cities, counties, and/or housing authorities to pool and allocate the tax revenues received under SHB 1406 to fulfill the intent of the legislation.

There are tight timelines that must be met to access this funding source – the first is January 28, 2020 to pass a resolution of intent. The tax ordinance must then be adopted by July 28, 2020 to qualify for a credit.

The Municipal Research and Services Center (MRSC) has prepared a worksheet for estimating the amount of revenue received. According to its estimates, which were recently updated on December 16, 2019, University Place would receive $ 25,388 annually, or $507,769 over twenty (20) years. 1

Attached are two items:

1. A bulletin from the Association of Washington Cities which details the recent legislation;

2. If Council wishes to access this funding source, a draft Resolution of Intent.

1 http://mrsc.org/getmedia/4d953acc-4e81-450d-9b57-2973b690c83c/SHB-1406-revenue-estimates.aspx (Last Visited: Dec. 24, 2019).

http://mrsc.org/getmedia/4d953acc-4e81-450d-9b57-2973b690c83c/SHB-1406-revenue-estimates.aspx

http://mrsc.org/getmedia/4d953acc-4e81-450d-9b57-2973b690c83c/SHB-1406-revenue-estimates.aspx

Carl SchroederGovernment Relations [email protected]

11/22/19

Shannon McClellandLegislative & Policy [email protected] Contact:

Association of Washington Cities • 1076 Franklin St SE, Olympia, WA 98501 • 1.800.562.8981 • wacities.org


11/22/19



Tax credit rate examples

Max tax credit rate under HB

1406

City with qualifying local tax

City without

qualifying local tax

City doesn’t levy a tax

credit, county does participate

County doesn’t participate, city participates but doesn’t have a qualifying tax.*

City 0.0146% 0.0073% 0.0% July 2020: 0.0%

County 0.0% 0.0073% 0.0146% 0.0%

*We believe that this was an error in bill drafting. Please let us know if you are in this situation. We can work to address it in future legislative sessions.

Eligible uses of the funds:

1. Projects must serve those at or below 60% of the area median income of the city imposing the tax.

2. Acquiring, rehabilitating, or constructing affordable housing, which may include new units of affordable housing within an existing structure or facilities providing supportive housing services. In addition to investing in traditional subsidized housing projects, this authority could potentially be used to provide for land acquisition, down payment assistance, and home repair so long as recipients meet the income guidelines.

3. Funding the operations and maintenance costs of new units of affordable or supportive housing.

4. For cities with a population at or under 100,000, the funds can also be used for rental assistance to tenants.

In the 2019 legislative session, the state approved a local revenue sharing program for local governments by providing up to a 0.0146% local sales and use tax credited against the state sales tax for housing investments, available in increments of 0.0073%, depending on the imposition of other local taxes and whether your county also takes advantage. The tax credit is in place for up to 20 years and can be used for acquiring, rehabilitating, or constructing affordable housing; operations and maintenance of new affordable or supportive housing facilities; and, for smaller cities, rental assistance. The funding must be spent on projects that serve persons whose income is at or below sixty percent of the median income of the city imposing the tax. Cities can also issue bonds to finance the authorized projects.

This local sales tax authority is a credit against the state sales tax, so it does not increase the sales tax for the consumer. There are tight timelines that must be met to access this funding source – the first is January 28, 2020 to pass a resolution of intent. The tax ordinance must then be adopted by July 28, 2020 to qualify for a credit.

The following information is intended to assist your city in evaluating its options and timelines. It is not intended as legal advice. Check with your city’s legal counsel and/or bond counsel for specific questions on project uses and deadlines for implementation.

Eligibility to receive shared revenues• The state is splitting the shared resources between cities and

counties. However, cities can receive both shares if they have

2020

Implementing HB 1406towns to levy up to a 0.1% sales tax for affordable housing—but, importantly, only after voter approval. This sales tax levy is considered a “qualifying local tax” under HB 1406. Another important distinction is that the affordable housing sales tax from 2015 is an additional tax on the consumer, and not a credit on an existing state-imposed tax.

2. Do we have to levy a “qualifying local tax” to participate? No. Your city is still eligible to participate in the program, but your tax credit rate will depend on whether the county participates in the program. See Tax credit rate examples chart to the left.

3. Do we only have access to the program if the county declines to participate? No. A city can participate, and receive funds, even if the county participates. Unfortunately, if your city does not impose a “qualifying local tax” by the deadline and your county declines to participate, then you will not have access to funds after the first year, due to a drafting error in the bill. We don’t anticipate this scenario to occur, but please let us know if you find yourself in that situation. We will work with the Legislature to address it if this proves problematic. In all cases you must meet the program deadlines to participate. See Deadlines to participate.

4. Does it make a difference at all if our county participates? Only if you have not adopted a “qualifying local tax.” If you have adopted a “qualifying local tax” you can access the higher credit rate regardless of county participation. If you don’t have a “qualifying local tax” then you can only access the higher rate if the county does not participate.

5. How is “rental assistance” defined? Does that include rent vouchers? The term “rental assistance” is not defined in the chapter 82.14 RCW; however, both federal and state housing programs use the term “rental assistance” to mean providing rent, security deposits, or utility payment assistance to tenants.

6. Can we pool our revenue with another entity? Can we issue bonds or use the money to repay bonds? Yes! Cities can enter into an interlocal agreement with other local governments or a public housing authority to pool tax receipts, pledge tax collections to bonds, allocating collected taxes to authorized affordable housing expenditures, or other agreements authorized under chapter 39.34 RCW. Cities may also use the tax credit revenue to issue or repay bonds in order to carry out the projects authorized under the new law.

7. Is the amount of tax credit we receive limited only by the amount of sales tax collected per year? No. The maximum amount will be based on state fiscal year 2019 sales.

8. Does the tax credit program expire? Yes, the tax expires 20 years after the date on which the tax is first levied.

adopted a “qualifying local tax” by July 31, 2020. Qualifying taxes are detailed below. Cities who are levying a “qualifying local tax” by July 28, 2019, the effective date of the new law, will receive both shares immediately once they impose the new sales tax credit.

• If a city does not implement a qualifying local tax by the deadline, they can still participate in the program if they meet the other deadlines but will be eligible for a lower credit rate.

• A city can adopt the sales tax credit before designating how the funds will be used once collected.

Qualifying local taxesThe following are considered “qualifying local taxes” and, if levied, give the city access to both shares of the tax credit (i.e. 0.0146% rate instead of the single share rate of 0.0073%):

• Affordable housing levy (property tax) under RCW 84.52.105

• Sales and use tax for housing and related services under RCW 82.14.530. The city must have adopted at least half of the authorized maximum rate of 0.001%.

• Sales tax for chemical dependency and mental health (optional .1 MIDD) under RCW 82.14.460

• Levy (property tax) authorized under RCW 84.55.050, if used solely for affordable housing

Think of the “qualifying local tax” as a multiplier or “doubler.” It gives the city access to double the tax credit even when the county chooses to participate in the program.

Timing considerationsHB 1406 makes a distinction about whether a county or a city adopts the tax first. For cities, the amount you are eligible to receive will not change in either event. But for counties, if they adopt the tax before their cities, they will potentially be eligible to receive more revenue over the course of the twenty years of revenue sharing. Because of this, many cities are working with their counties to sequence their ordinances in order to maximize housing resources into the region.

Don’t miss out on up to 20 years of shared revenue for affordable housing

Deadlines to participate:• Resolution to levy tax credit: July 28, 2019 – January

28, 2020

• Ordinance to levy the tax credit: By July 28, 2020

• Adopt “qualifying local tax” (optional): By July 31, 2020

Frequently asked questions:

1. This program sounds very familiar. Didn’t a local option, affordable housing sales tax law pass a few years ago? Yes, but the new law has important differences. The Legislature passed HB 2263 in 2015 that authorized cities and

Additional timelines to keep in mind:

1. Department of Revenue (DOR) requires 30-days-notice of adoption of sales tax credits. The credit will then take effect on the first day of the month following the 30-day period.

2. If your city is adopting a “qualifying local tax”, DOR requires 75-days-notice of adoption of sales tax increases. Local sales tax increases may only take effect on the first day of the first, second, or third quarter – not the fourth (April 1, July 1, or October 1).

3. If your city is adopting a “qualifying local tax” remember to factor in the ballot measure process into the timeline, as these must be approved by the voters.

4. If you are intending to bond the revenues for a project under this authority, check with your legal counsel and bond counsel about other deadlines that may apply to your city.

Is your city interested in accessing additional funding to support affordable housing for the next 20 years?

Does your city levy a “qualifying local tax”?

Your tax credit rate is 0.0146% starting on the date the tax credit is levied. (See Important Dates.)

1. Affordable housing levy (RCW 84.52.105)

OR

2. Sales and use tax for housing and related services (RCW 82.14.530). Must impose at lease half of the authorized rate.

OR

3. Sales tax for chemical dependency and mental health services or therapeutic courts (RCW 82.14.460).

OR

4. Levy (property tax) under RCW 84.55.050, if used solely for affordable housing.

Did your county levy its share of the tax credit?

Unfortunately, your city is no longer eligible to participate in the program.

Your city is still eligible to participate in the program. Go to Step 3 to continue.

Can your city adopt a “qualifying local tax” by July 31, 2020, including ballot measure?

No action required.

Was your city levying the “qualifying local tax” before you instated the tax credit under HB 1406?

Great! Now let’s find out what your maximum tax rate is. Did your city instate a “qualifying local tax” by the deadline – July 31, 2020? A “qualifying local tax” is not required but can increase your tax credit.

Great! Next, your city must adopt an ordinance by July 28, 2020 to levy the maximum tax under HB 1406. Did you or will you?

The law requires a resolution of intent to impose the tax credit. Can your city adopt a resolution of intent between July 28, 2019 and January 28, 2020?

All of the options for cities over 100,000, plus rental assistance to tenants.

• Acquiring, rehabing, or constructing affordable housing. Includes new units within an existing structure or supportive housing facilities under RCW 71.24.385. Consider bonding, land acquisition, direct capital investment down payment assistance, and rehabilitation of single-family homes owned by individuals who meet the 60% area median income qualification.

OR

• Funding the operations and maintenance costs of new units of affordable or supportive housing.

All projects must serve households with incomes at or below 60% of the area median income of the city imposing the tax. Is the city’s population more than 100,000?

If the county declared they will not levy the tax or have not adopted a resolution of intent by February 1, 2020, your city’s tax rate will be 0.0146%. (See Important Dates.)

Until July 1, 2020, your tax credit rate is 0.0073% starting on the date the tax credit is levied. (See Important Dates.) After July 1, 2020, your tax credit rate is 0.0146%.

2

6

5

4

3

1

Your tax credit rate is 0.0073% starting on the date the tax credit is levied. (See Important Dates.)

Important dates:• Resolution to levy tax credit: July 28, 2019 – January

28, 2020



• See also Additional timelines to keep in mind on the back

Yes

Yes

Yes No

Yes

Yes No

Yes No

No

Yes

No

No

No

Yes

NoYes

No

Maybe. What can we spend

the money on?

What’s a “qualifying local tax”?

Six steps to affordable housing revenue


11/22/19




11/22/19



Tax credit rate examples

Max tax credit rate under HB

1406

City with qualifying local tax

City without

qualifying local tax

City doesn’t levy a tax

credit, county does participate

County doesn’t participate, city participates but doesn’t have a qualifying tax.*

City 0.0146% 0.0073% 0.0% July 2020: 0.0%

County 0.0% 0.0073% 0.0146% 0.0%

*We believe that this was an error in bill drafting. Please let us know if you are in this situation. We can work to address it in future legislative sessions.

Eligible uses of the funds:

1. Projects must serve those at or below 60% of the area median income of the city imposing the tax.

2. Acquiring, rehabilitating, or constructing affordable housing, which may include new units of affordable housing within an existing structure or facilities providing supportive housing services. In addition to investing in traditional subsidized housing projects, this authority could potentially be used to provide for land acquisition, down payment assistance, and home repair so long as recipients meet the income guidelines.

3. Funding the operations and maintenance costs of new units of affordable or supportive housing.

4. For cities with a population at or under 100,000, the funds can also be used for rental assistance to tenants.

In the 2019 legislative session, the state approved a local revenue sharing program for local governments by providing up to a 0.0146% local sales and use tax credited against the state sales tax for housing investments, available in increments of 0.0073%, depending on the imposition of other local taxes and whether your county also takes advantage. The tax credit is in place for up to 20 years and can be used for acquiring, rehabilitating, or constructing affordable housing; operations and maintenance of new affordable or supportive housing facilities; and, for smaller cities, rental assistance. The funding must be spent on projects that serve persons whose income is at or below sixty percent of the median income of the city imposing the tax. Cities can also issue bonds to finance the authorized projects.

This local sales tax authority is a credit against the state sales tax, so it does not increase the sales tax for the consumer. There are tight timelines that must be met to access this funding source – the first is January 28, 2020 to pass a resolution of intent. The tax ordinance must then be adopted by July 28, 2020 to qualify for a credit.

The following information is intended to assist your city in evaluating its options and timelines. It is not intended as legal advice. Check with your city’s legal counsel and/or bond counsel for specific questions on project uses and deadlines for implementation.

Eligibility to receive shared revenues• The state is splitting the shared resources between cities and

counties. However, cities can receive both shares if they have

2020

Implementing HB 1406towns to levy up to a 0.1% sales tax for affordable housing—but, importantly, only after voter approval. This sales tax levy is considered a “qualifying local tax” under HB 1406. Another important distinction is that the affordable housing sales tax from 2015 is an additional tax on the consumer, and not a credit on an existing state-imposed tax.

2. Do we have to levy a “qualifying local tax” to participate? No. Your city is still eligible to participate in the program, but your tax credit rate will depend on whether the county participates in the program. See Tax credit rate examples chart to the left.

3. Do we only have access to the program if the county declines to participate? No. A city can participate, and receive funds, even if the county participates. Unfortunately, if your city does not impose a “qualifying local tax” by the deadline and your county declines to participate, then you will not have access to funds after the first year, due to a drafting error in the bill. We don’t anticipate this scenario to occur, but please let us know if you find yourself in that situation. We will work with the Legislature to address it if this proves problematic. In all cases you must meet the program deadlines to participate. See Deadlines to participate.

4. Does it make a difference at all if our county participates? Only if you have not adopted a “qualifying local tax.” If you have adopted a “qualifying local tax” you can access the higher credit rate regardless of county participation. If you don’t have a “qualifying local tax” then you can only access the higher rate if the county does not participate.

5. How is “rental assistance” defined? Does that include rent vouchers? The term “rental assistance” is not defined in the chapter 82.14 RCW; however, both federal and state housing programs use the term “rental assistance” to mean providing rent, security deposits, or utility payment assistance to tenants.

6. Can we pool our revenue with another entity? Can we issue bonds or use the money to repay bonds? Yes! Cities can enter into an interlocal agreement with other local governments or a public housing authority to pool tax receipts, pledge tax collections to bonds, allocating collected taxes to authorized affordable housing expenditures, or other agreements authorized under chapter 39.34 RCW. Cities may also use the tax credit revenue to issue or repay bonds in order to carry out the projects authorized under the new law.

7. Is the amount of tax credit we receive limited only by the amount of sales tax collected per year? No. The maximum amount will be based on state fiscal year 2019 sales.

8. Does the tax credit program expire? Yes, the tax expires 20 years after the date on which the tax is first levied.

adopted a “qualifying local tax” by July 31, 2020. Qualifying taxes are detailed below. Cities who are levying a “qualifying local tax” by July 28, 2019, the effective date of the new law, will receive both shares immediately once they impose the new sales tax credit.

• If a city does not implement a qualifying local tax by the deadline, they can still participate in the program if they meet the other deadlines but will be eligible for a lower credit rate.

• A city can adopt the sales tax credit before designating how the funds will be used once collected.

Qualifying local taxesThe following are considered “qualifying local taxes” and, if levied, give the city access to both shares of the tax credit (i.e. 0.0146% rate instead of the single share rate of 0.0073%):

• Affordable housing levy (property tax) under RCW 84.52.105

• Sales and use tax for housing and related services under RCW 82.14.530. The city must have adopted at least half of the authorized maximum rate of 0.001%.

• Sales tax for chemical dependency and mental health (optional .1 MIDD) under RCW 82.14.460

• Levy (property tax) authorized under RCW 84.55.050, if used solely for affordable housing

Think of the “qualifying local tax” as a multiplier or “doubler.” It gives the city access to double the tax credit even when the county chooses to participate in the program.

Timing considerationsHB 1406 makes a distinction about whether a county or a city adopts the tax first. For cities, the amount you are eligible to receive will not change in either event. But for counties, if they adopt the tax before their cities, they will potentially be eligible to receive more revenue over the course of the twenty years of revenue sharing. Because of this, many cities are working with their counties to sequence their ordinances in order to maximize housing resources into the region.

Don’t miss out on up to 20 years of shared revenue for affordable housing

Deadlines to participate:• Resolution to levy tax credit: July 28, 2019 – January

28, 2020



Frequently asked questions:

1. This program sounds very familiar. Didn’t a local option, affordable housing sales tax law pass a few years ago? Yes, but the new law has important differences. The Legislature passed HB 2263 in 2015 that authorized cities and

Additional timelines to keep in mind:

1. Department of Revenue (DOR) requires 30-days-notice of adoption of sales tax credits. The credit will then take effect on the first day of the month following the 30-day period.

2. If your city is adopting a “qualifying local tax”, DOR requires 75-days-notice of adoption of sales tax increases. Local sales tax increases may only take effect on the first day of the first, second, or third quarter – not the fourth (April 1, July 1, or October 1).

3. If your city is adopting a “qualifying local tax” remember to factor in the ballot measure process into the timeline, as these must be approved by the voters.

4. If you are intending to bond the revenues for a project under this authority, check with your legal counsel and bond counsel about other deadlines that may apply to your city.

RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PLACE DECLARING THE INTENT OF THE CITY TO ADOPT LEGISLATION TO AUTHORIZE A SALES AND USE TAX FOR AFFORDABLE AND SUPPORTIVE HOUSING IN ACCORDANCE WITH SUBSTITUTE HOUSE BILL 1406 (CHAPTER 338, LAWS OF 2019), AND OTHER MATTERS RELATED THERETO

WHEREAS, in the 2019 Regular Session, the Washington State Legislature approved, and the Governor signed, Substitute House Bill 1406 (Chapter 338, Laws of 2019) (“SHB 1406”); and

WHEREAS, SHB 1406 authorizes the governing body of a city or county to impose a local sales and use tax for the acquisition, construction or rehabilitation of affordable housing or facilities providing supportive housing, and for the operations and maintenance costs of affordable or supportive housing; and

WHEREAS, the tax will be credited against state sales taxes collected within the City and, therefore, will not result in higher sales and use taxes within the City and will represent an additional source of funding to address housing needs in the City; and

WHEREAS, the tax must be used to assist persons whose income is at or below sixty percent of the City median income; and

WHEREAS, the City has a need to improve access to affordable housing and has determined that imposing the sales and use tax to address this need will benefit its citizens; and

WHEREAS, in order for a city or county to impose the tax, within six months of the effective date of SHB 1406, or January 28, 2020, the governing body must adopt a resolution of intent to authorize the maximum capacity of the tax, and within twelve months of the effective date of SHB 1406, or July 28, 2020, must adopt legislation to authorize the maximum capacity of the tax; and

WHEREAS, this resolution constitutes the resolution of intent required by SHB 1406; and

WHEREAS, the City Council now desires to declare its intent to impose a local sales and use tax as authorized by SHB 1406 as set forth herein;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PLACE AS FOLLOWS:

Section 1. Resolution of Intent. The City Council declares its intent to adopt legislation to authorize the maximum capacity of the sales and use tax authorized by SHB 1406 within one year of the effective date of SHB 1406, or by July 28, 2020.

Section 2. Further Authority; Ratification. All City officials, their agents, and representatives are hereby authorized and directed to undertake all action necessary or desirable from time to time to carry out the terms of, and complete the actions contemplated by, this resolution. All acts taken pursuant to the authority of this resolution but prior to its effective date are hereby ratified.

Section 3. Effective Date. This resolution shall take effect immediately upon its adoption.

ADOPTED BY THE CITY COUNCIL ON JANUARY ______, 2020.

________________________________ Mayor

ATTEST: ____________________________ Emelita Genetia, City Clerk APPROVED AS TO FORM: ____________________________ Matthew S. Kaser, City Attorney



Pass an ordinance amending Section 13.20.330 of the University Place Municipal Code relating to emergency vehicle access requirements for accessory dwelling units.

Expenditure Amount Appropriation Required: $0.00 Budgeted: $0.00 Required: $ 0.00


In accordance with UPMC Title 13.20.300 emergency vehicle access must be provided to within 150’ of any portion of a building with a few exceptions for residential accessory buildings. Modifications to this requirement are allowed subject to UPMC 13.05.420 which requires an application, fee and justification.

It is common for the Director of Engineering in consultation with the Fire Code Official to grant modifications to emergence vehicle access when justified by a special circumstance and a single or two-family dwelling unit is fully protected by an approved NFPA 13D automatic fire sprinkler system. Following the City of Tacoma’s new rules regarding ADU’s University Place has received several requests for ADU’s. In at least two cases there were no special circumstances to justify a modification to emergency vehicle access, only a desire by property owners to locate their ADUs in more “convenient” locations. Rather than require a modification the Fire Code Official requests an exception be added to Title 13.20.330 Exceptions as follows:

The provisions of this section do not apply to the following:

A. All common residential accessory buildings similar to Group U occupancies (private garages, carports, sheds,some agricultural buildings, tanks, towers and fences over six feet tall) as defined by the most current edition of thebuilding code as adopted by the City;B. A remodel, or alteration of existing uses or structures if the proposed change is not classified as a “majorimprovement.”C. Accessory dwelling units (ADUs) provided they are fully protected with an NFPA 13D residential sprinkler system.

RECOMMENDATION/MOTION

MOVE TO: Pass an ordinance amending Section 13.20.330 of the University Place Municipal Code relating to emergency vehicle access requirements for accessory dwelling units.

Agenda No: 15

Dept. Origin: Planning and Development Services


Exhibits: Proposed Ordinance


ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PLACE, WASHINGTON, AMENDING CHAPTER 13.20.330 OF THE UNIVERSITY PALCE MUNICIPAL CODE; RELATING TO EMERGENCY VEHICLE ACCESS REQUIREMENTS FOR ACCESSORY DWELLING UNITS WHEREAS, on May 12, 1997, the City Council adopted Ordinance 142 adopting the Public Works

Standards, codified at Title 13, and amended the standards on February 1st and June 7th, 1999; and

WHEREAS, on December 13, 2003, the City Council repealed Ordinance 142 and adopted Ordinance No. 395 adopting a new Title 13 responding to amendments to the City’s Comprehensive Plan, City’s Zoning Code, and to the King County Surface Water Design Manual; and

WHEREAS, Title 13 Public Works Code, Article III Emergency Vehicle Access allows the Director to make modifications to emergency vehicle access requirements when buildings are protected with an approved automatic fire sprinkler system; and

WHEREAS, when a site is constrained due to topography, waterways, nonnegotiable grades, or other similar conditions, the Director, after conferring with the Fire Code Official, may modify the requirements of Article III to provide an equivalent means of fire protection and EV access; and

WHEREAS, Title 13 also provides for exemptions, including exemptions for residential assessor structures; and

WHEREAS, the City’s Fire Code Official finds an exception rather than a modification is warranted if an accessory dwelling unit is fully protected with an approved NFPA 13D automatic fire sprinkler; and.

WHEREAS, the City Council finds that the public health, safety, and general welfare are best served by adopting and enforcing building and construction codes that require minimum performance standards for construction and construction materials, consistent with accepted standards of engineering, fire and life safety, and to permit the use of modern technical methods, devices and improvements.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UNIVERSITY PLACE, WASHINGTON, HEREBY DOES ORDAIN AS FOLLOWS:

Section 1. Amend Section 13.20.330 of the University Place Municipal Code. Section 13.20.330 of the University Place Municipal Code entitled “Exceptions” is amended to read as follows: The provisions of this section do not apply to the following:

A. All common residential accessory buildings similar to Group U occupancies (private garages, carports, sheds, some agricultural buildings, tanks, towers and fences over six feet tall) as defined by the most current edition of the building code as adopted by the City;

B. A remodel, or alteration of existing uses or structures if the proposed change is not classified as a “major improvement.”

C. Accessory dwelling units (ADUs) provided they are fully protected with an NFPA 13D residential

sprinkler system.

Section 2. Savings Clause. No offense committed, no penalty or forfeiture incurred prior to the effective date of this Ordinance, nor any proceeding undertaken to enforce this Section, nor any permit application that is lawfully entitled to be processed, shall be affected by this Ordinance and the same shall

proceed in all respects as if this Ordinance had not been enacted. Furthermore, any act, claim or action undertaken pursuant to any provision of this Section is not intended to be lost, impaired or affected by this Ordinance.

Section 3. Publication and Effective Date. A summary of this ordinance consisting of its title shall

be published in the official newspaper of the City. This Ordinance shall take effect five (5) days after publication. PASSED BY THE CITY COUNCIL ON ________________. ________________________________ Mayor ATTEST: _________________________________ Emelita J. Genetia, City Clerk APPROVED AS TO FORM: _________________________________ Matthew S. Kaser, City Attorney Published: xx/xx/xx Effective Date: xx/xx/xx



Pass an ordinance amending section 14.05.110 of the University Place Municipal Code relating to local amendments to the International Fire Code.

Expenditure Amount Appropriation Required: $0.00 Budgeted: $0.00 Required: $ 0.00


On August 5, 2016 the City of University Place adopted Ordinance 671 amending Title 14, Building and Construction adopting the State Building Code as required by RCW 19.27 including State amendments to the 2015 International Fire Code (IFC). Ordinance 671 also added City specific amendments to the IFC as allowed by the State Building Code (RCW 19.27.040).

Section 104.8 of the IFC “Modifications” grants the Fire Code Official authority to make modifications of the IFC requirements provided that a special individual reason makes the strict letter of the code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements.

The Fire Code Official requests an amendment to Title 14.05.110 to exempt residential R-3 occupancies (single and two-family dwelling units) from the requirement in Appendices B and C of the IFC that a fire hydrant be located no more than 250 feet on a through-street and 200 feet on a dead-end street from any point on the street frontage of a property. This exemption would be allowed only if the residence is fully protected with an approved NFPA 13D automatic fire sprinkler system and a fire hydrant is located no further away than 500’. Modifications of this nature are commonly requested for one or two lot infill projects in existing four-lot short plats. This amendment will relieve the Fire Code Official of the need to grant modifications.

The second requested amendment designates the Fire Code Official with the authority to require fire watches as opposed to the Fire Chief as currently required in UPMC 14.05.110(AA).

RECOMMENDATION/MOTION

MOVE TO: Pass an ordinance amending section 14.05.110 of the University Place Municipal Code relating to local amendments to the International Fire Code.

Agenda No: 16

Dept. Origin: Planning and Development Services


Exhibits: Proposed Ordinance


ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PLACE, WASHINGTON, AMENDING SECTION 14.05.110 OF THE UNIVERSITY PLACE MUNICIPAL CODE; RELATING TO LOCAL AMENDMENTS TO THE INTERNATIONAL FIRE CODE WHEREAS, the Revised Code of Washington Chapter 19.27 RCW the State Building Code

requires the State Building Code be in effect in all counties and all cities in the State; and

WHEREAS, RCW 19.27.040 authorizes cities to amend the State Building Code as it applies within their jurisdiction; and

WHEREAS, the City’s Fire Code Official is authorized to grant modifications to the International Fire Code requirements provided that a special individual reason makes the strict letter of the code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements; and

WHEREAS, the International Fire Code Appendix C requires that a fire hydrant be located no more than 250 feet on a through-street and 200 feet on a dead-end street from any point on the street frontage of a property without exception; and

WHEREAS, in the opinion of the City’s Fire Code Official, an exception is warranted if a single or

two-family residence is fully protected with an approved NFPA 13D automatic fire sprinkler system and a fire hydrant is located no further away than 500 feet; and

WHEREAS, a technical amendment to the local amendments of the International Fire Code is

necessary for internal consistency; and

WHEREAS, the City Council finds that the public health, safety, and general welfare are best served by adopting and enforcing building and construction codes that require minimum performance standards for construction and construction materials, consistent with accepted standards of engineering, fire and life safety, and to permit the use of modern technical methods, devices and improvements.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UNIVERSITY PLACE, WASHINGTON, HEREBY DO ORDAIN AS FOLLOWS:

Section 1. Amend Section 14.05.110 of the University Place Municipal Code. Section 14.05.110 of the University Place Municipal Code entitled “Fire code amendments,” is amended to read as follows:

The following sections in the International Fire Code are hereby amended:

A. Section 105.2 is amended by addition of a new subsection 105.2.15 to read: Permit Fees. The City shall collect fees for permits, plan review and inspection services as prescribed in the City of University Place “Fee Schedule.”

B. Section 202 is amended as follows: Fire Wall. A fire-resistance-rated wall having protected openings, which restricts the spread of fire and extends continuously from the foundation to or through the roof, with sufficient structural stability under fire conditions to allow collapse of construction on either side of the wall without collapse of the wall. A Fire Wall shall not be allowed to create a separate building that avoids the requirement for approved automatic fire sprinkler systems.

C. A new Section 503.2.1.1 is added as follows:

Number of Accesses. More than one Emergency Vehicle Access may be required for commercial developments when it is determined that an access by a single street may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access, unless acceptable mitigation is provided.

D. The following new subsections are added to Section 503.3: 503.3.1 Striping. Painted lines of red traffic paint shall mark fire apparatus access six (6) inches in width to show the boundaries of the lane. The words “NO PARKING FIRE LANE” shall appear in four (4) inches of white letters at 25 feet intervals on the red border markings along both sides of the fire lanes. Where a curb is available, the striping shall be on the vertical face of the curb. 503.3.2 Signs. Signs shall read “NO PARKING FIRE LANE” and shall be twelve (12) inches wide and eighteen (18) inches high. The signs shall have letters and background of contrasting colors, readily legible from a fifty (50) foot distance. Signs shall be permanently affixed to a stationary post and bottom of the sign shall be six feet, six inches (6'6") above finished grade. Signs shall be spaced not more than fifty (50) feet apart. Signs may be installed on permanent buildings or walls or as approved by the code official.

E. Section 505.1 is amended as follows:

New and existing commercial/multifamily buildings shall have approved address numbers, building numbers or approved building identification placed high on the building to be plainly legible and visible for the street or road fronting the property. These numbers shall contrast with the background. Address numbers shall be Arabic numerical or alphabet letters. Numbers shall be a minimum of twelve (12) inches high. Individual unit/suite or space numbers or letters shall be 4" in size and contrasting with the background and visible for the approach side or angle. New and existing residential structures shall have approved address numbers placed in a position that is plainly legible and visible for the street or road fronting the property. These numbers shall contrast with the background. Address numbers shall be a minimum of four (4) inches high with a minimum stroke of (.05) inch for buildings that are under fifty (50) from the street, six (6) inches high with a minimum stroke of (.05) inch for buildings that are more than fifty (50) from the street. Where access is by means of a private road or driveway and the structure can’t be viewed from a public way, a monument, pole or other sign shall be used to identify the structure.

F. A new Section 507.5.4.1 is added reading: Fire protection equipment and fire hydrants. Fire protection equipment and fire hydrants shall be clearly identified in an approved manner to prevent obstruction by parking or other obstruction. A minimum unobstructed distance of 15 feet shall be maintained on both sides of a fire hydrant along the access roadway.

G. Repealed by Ord. 671. H. Section 901 is amended by the addition of a new Section 901.11 to read:

In the event of more than two false alarms in any 90-day period the Chief may charge a fee for fire department response as specified in the City of University Place “Fee Schedule.” EXCEPTIONS: False alarms resulting from the failure of a fire alarm service technician notifying the central proprietary or remote monitoring station shall be billed at the rate specified in the City of University Place “Fee Schedule.” For the purpose of this Section, a false alarm shall be defined as any unintentional activation of the fire alarm or detection system which is the result of improper installation, maintenance or use of that system. Fire alarm system control units shall be provided with an approved sign indicating such fees will be imposed.

I. Section 903.2.8 is amended by the addition of a new Section 903.2.8.1 reading:

All Group R-3 occupancies requiring 2,000 gallons per minute of fire flow per Appendix B of the International Fire Code shall install an approved fire sprinkler system.

J. Section 903.1 is amended by the addition of a new Section 903.1.2 reading: When a change of occupancy classification in an existing building structure is reduced to a less hazardous occupancy classification of B, F, or S the amended requirements of Section 14.05.110 (P), (R), and (T) UPMC below shall not be applicable.

K. Section 903.2.1 is amended to read as follows: 903.2.1 Group A. An approved automatic sprinkler system shall be provided throughout buildings and portions thereof as provided in 903.2.1.1 – 903.2.1.3 below. For group A-5 occupancies, the automatic sprinkler system shall be provided in the spaces indicated in Section 903.2.1.5.

L. Section 903.2.1.1 is amended to read as follows: 903.2.1.1 Group A-1. An approved automatic sprinkler system shall be provided for Group A-1 where one of the following conditions exists: 1. The building exceeds 5,000 square feet; 2. The building has an occupant load of 300 or more; 3. The building contains a multi-theater complex. 4. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

M. Amend Section 903.2.1.2 to read as follows:

903.2.1.2 Group A-2. An approved automatic sprinkler system shall be provided for Group A-2 occupancies where one of the following conditions exists: 1. The building exceeds 5,000 square feet; 2. The building has an occupant load of 100 or more. 3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

N. Amend Section 903.2.1.3 to read as follows:

903.2.1.3 Group A-3. An approved automatic sprinkler system shall be provided for Group A-3 occupancies where one of the following conditions exists: 1. The building exceeds 5,000 square feet; 2. The building has an occupant load of 300 or more. 3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

O. Amend Section 903.2.1.4 to read as follows:

903.2.1.4 Group A-4. An approved automatic sprinkler system shall be provided for Group A-4 occupancies where one of the following conditions exists: 1. The building exceeds 5,000 square feet; 2. The building has an occupancy load of 300 or more. 3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

P. Amend Section 903.2.2 with a new subsection 903.2.2.1 to read as follows:

903.2.2.1 Group B. An approved automatic sprinkler system shall be provided for Group B occupancies where one of the following conditions exists: 1. The building exceeds 5,000 square feet. Exception: Building containing Group B occupancies and with construction Type IA/IB, Type IIA/IIB, Type IV/VA, or Type IIB/IIIB; and the building does not exceed 12,000 square feet.

Q. Amend Section 903.2.3 to read as follows:

903.2.3 Group E. An approved automatic sprinkler system shall be provided for Group E occupancies where one of the following conditions exists:

1. The building exceeds 5,000 square feet or there are 50 or more occupant load as calculated in accordance with Table 1004.1.2. 2. Throughout every portion of educational buildings below the level of exit discharge.

R. Amend Section 903.2.4 to read as follows: 903.2.4 Group F. An approved automatic sprinkler system shall be provided throughout all buildings containing a Group F occupancy where one of the following conditions exists: 1. The building exceeds 5,000 square feet. Exception: Buildings containing Group F-2 occupancies and with the construction Type IA/IB, Type IIA/IIB, Type IV/V-A or Type IIB/IIIB; and the building does not exceed 12,000 square feet. 2. The building exceeds 2,500 square feet and contains a woodworking operation which generates finely divided combustible waste or which use finely divided combustible materials. 3. Where a Group F occupancy is located more than three stories above grade. 4. Where the combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 2,500 square feet. 5. The building exceeds 2,500 square feet and is used for the manufacture of upholstered furniture or mattresses.

S. Amend Section 903.2.7 to read as follows:

903.2.7 Group M. An approved automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one of the following conditions exists: 1. The building exceeds 5,000 square feet; 2. Where the Group M is located more than three stories above grade. 3. Where the combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 5,000 square feet. 4. A Group M occupancy is used for the display and sale of upholstered furniture or mattresses exceeds 5,000 square feet.

T. Amend Section 903.2.9 to read as follows: 903.2.9 Group S. An approved automatic sprinkler system shall be provided throughout all buildings containing a Group S occupancy where one of the following conditions exists: 1. The building exceeds 5,000 square feet. 2. Where a Group S area is located more than three stories above grade. 3. Where the combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds 5,000 square feet. 4. A Group S used for the storage of commercial trucks or buses where the fire area exceeds 5,000 square feet. 5. A Group S occupancy is used for the display and sale of upholstered furniture or mattresses exceeds 2,500 square feet. Exception: Buildings containing Group S-2 occupancies and with the construction Type IA/IB, Type IIA/IIB, Type IV/V-A or Type IIB/IIIB; and the building does not exceed 12,000 square feet except as provided in Section 903.2.9.

U. Amend Section 903.2.9.1 to read as follows: 903.2.9.1 Repair garages. An approved automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with International Building Code to read as follows: 1. Buildings exceeding 5,000 square feet. 2. Buildings with a repair garage servicing vehicles parked in the basement. 3. A Group S used for the repair of commercial trucks or buses where the fire area exceeds 5,000 square feet.

V. Amend Section 903.2.9.2 to read as follows:

Buildings and structures where the area used for the storage of tires exceeds 20,000 cubic feet shall or 5,000 square feet shall be equipped throughout with an automatic fire sprinkler system in accordance with 903.3.1.1.

W. Add Section 903.2.13 to read as follows:

903.2.13 Spray booths and rooms. New and existing spray booths and spraying rooms shall be protected by an approved automatic fire-extinguishing system.

X. Amend Section 903.3.1.1.1 to read as follows:

903.3.1.1.1 Exempt locations. Sprinklers shall not be omitted from any room merely because it is damp, or has fire-resistance rated construction or contains electrical equipment. The following conditions may be exempt if approved by the fire code official. 1. Any room where the application of water, or flame and water, constitutes a serious threat to life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents in the room or space. 3. Generator and transformer rooms separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire-resistance rating of not less than 2 hours.

Y. Add Section 907.1.4 to read as follows: 907.1.4 Fire alarm control panel. Information provided by the fire alarm control panel when a signal(s) is/are received from a device or other system equipment shall include the location of the signal(s) in a manner as specific as the fire alarm system allows. The location description of the signal(s) shall be written in English, not code, and provide the location of the device to fire department personnel.

Z. Add Section 907.1.5 to read as follows: 907.1.5 Design standards. All alarm systems, new or replacement, serving 30 or more alarm actuating devices, shall be addressable fire detection systems. Alarm systems serving more than seventy-five (75) smoke detectors or more than 200 total alarm activating devices shall be analog intelligent fire detection systems. EXCEPTIONS: 1. Existing systems need not comply unless the total system remodel or expansion initiated after adoption of this code exceeds thirty (30) percent of the building. 2. When building remodel or expansion exceeds fifty (50) percent, the building must comply within 18 months of permit application.

AA. Section 901.7.0.1, Fire watch, is amended to add a new subsection: The Fire Code Official Chief, or his or her designee, shall determine when Fire Department personnel must conduct a fire watch is required due to code requirements, excessive occupant load, the unusual nature of the event, the use of pyrotechnics or fireworks, the existence of hazardous condition, the inoperability of the fire protection system, or other conditions affecting safety at the event or at the property. The person responsible for the facility shall pay a fee per the fee schedule for associated costs. If more than one person is required for the fire watch, the person responsible for the facility shall pay a fee per the fee schedule. The Fire Code Official Chief or designee may notify the responsible person of the period of the fire watch and the resulting fee prior to the event.

AB. Amend Section 907.5 to add:

5. Where a new building has installed a fire suppression system, an occupant notification alarm system shall also be installed. Tenant improvements in sprinklered buildings shall require that space to provide an occupant notification system.

AC. Amend Appendix D of the International Fire Code to add the following exemption:

Residential Fire Flow Modification. When one or two-family dwellings (R-3) are protected with an approved NFPA 13D automatic fire sprinkler system, the provisions of the International Fire Code

Appendices B and C may be modified with approval by the Fire Code Official provided a fire hydrant is not located more than 500 feet away.

Section 2. Savings Clause. No offense committed, no penalty or forfeiture incurred prior to the

effective date of this Ordinance, nor any proceeding undertaken to enforce this Section, nor any permit application that is lawfully entitled to be processed, shall be affected by this Ordinance and the same shall proceed in all respects as if this Ordinance had not been enacted. Furthermore, any act, claim or action undertaken pursuant to any provision of this Section is not intended to be lost, impaired or affected by this Ordinance.

Section 3. Publication and Effective Date. A summary of this ordinance consisting of its title shall be

published in the official newspaper of the City. This Ordinance shall take effect five (5) days after publication. PASSED BY THE CITY COUNCIL ON ____________. ________________________________ Mayor ATTEST: _________________________________ Emelita J. Genetia, City Clerk APPROVED AS TO FORM: _________________________________ Matthew S. Kaser, City Attorney Published: xx/xx/xx Effective Date: xx/xx/xx