LAKEWOOD CITY COUNCIL AGENDA Monday, June 19, 2017 7:00 P.M. City of Lakewood City Council Chambers 6000 Main Street SW Lakewood, WA 98499

Page No.

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

PROCLAMATIONS AND PRESENTATIONS

1. Business showcase. – Harborstone Credit Union – Mr. Phil M. Jones, President/CEO

( 4) 2. Lakewood Lakes Water Quality Analysis Report update. - Ms. Isabel Ragland, Water Quality Monitoring Program Manager, Pierce Conservation District

PUBLIC COMMENTS

C O N S E N T A G E N D A

(15) A. Approval of the minutes of the City Council meeting of June 5, 2017.

(22) B. Approval of the minutes of the City Council Special meeting of June 12, 2017.

(24) C. Approval of the minutes of the City Council study session of June 12, 2017.

The Council Chambers is accessible to persons with disabilities. Equipment is available for the hearing impaired. Persons requesting special accommodations or language interpreters should contact the City Clerk’s Office, 589-2489, as soon as possible in advance of the Council meeting so that an attempt to provide the special accommodations can be made.

http://www.cityoflakewood.us

City Hall will be closed 15 minutes after adjournment of the meeting. Lakewood City Council Agenda -2- June 19, 2017 Page No.

( 28) D. Items Filed in the Office of the City Clerk: 1. Lakewood’s Promise Advisory Board minutes of May 4, 2017.

R E G U L A R A G E N D A

ORDINANCES

( 30) Ordinance No. 670

Amending Section 2.32.040 of the Lakewood Municipal Code relative to the criteria for work crew participation. – City Attorney

( 34) Ordinance No. 671

Forming Local Improvement District (LID) 1109 and providing for the issuance of bonds for improvements on portions of 146th Street SW, 150th Street SW and overlay of portions of Spring Street SW. (Panattoni Woodbrook Development) – Public Works Director

RESOLUTIONS

( 51) Resolution No. 2017-13

Adopting the 2016 Supplement to the 2000 Tacoma-Pierce County Solid Waste Management Plan. – Assistant to the City Manager

(147) Resolution No. 2017-14

Approving the 2017 Chambers Creek Regional Park Master Site Plan. – Assistant City Manager for Development Services

UNFINISHED BUSINESS

The Council Chambers is accessible to persons with disabilities. Equipment is available for the hearing impaired. Persons requesting special accommodations or language interpreters should contact the City Clerk’s Office, 589-2489, as soon as possible in advance of the Council meeting so that an attempt to provide the special accommodations can be made.

http://www.cityoflakewood.us

City Hall will be closed 15 minutes after adjournment of the meeting. Lakewood City Council Agenda -3- June 19, 2017 Page No.

NEW BUSINESS

(156) Motion No. 2017-32

Authorizing the execution of a collective bargaining agreement with the American Federation of State, County and Municipal Employees from January 1, 2017 through December 31, 2019. – Human Resources Director

(217) Motion No. 2017-33

Authorizing the execution of a Memorandum of Understanding with the Rotary Club of Lakewood relative to the Fort Steilacoom Pavilion. – City Attorney

REPORTS BY THE CITY MANAGER

CITY COUNCIL COMMENTS

ADJOURNMENT

The Council Chambers is accessible to persons with disabilities. Equipment is available for the hearing impaired. Persons requesting special accommodations or language interpreters should contact the City Clerk’s Office, 589-2489, as soon as possible in advance of the Council meeting so that an attempt to provide the special accommodations can be made.

http://www.cityoflakewood.us

City Hall will be closed 15 minutes after adjournment of the meeting. WATER QUALITY ANALYSIS OF LAKEWOOD LAKES

Review of 16 years of lake data collected by volunteers WEST Consultants

004 PURPOSE OF THE STUDY

 Look for long-term trends in lake water quality  Provide citizens and the City with a better understanding of lake processes  Provide information on the six lakes which will be helpful in making appropriate management decisions  Six lakes are: American, Gravelly, Louise, Steilacoom, Carp and Waughop

005 MEASUREMENTS OF STUDY

 Physical data: water transparency, lake stage (lake depth over time), water color, weather conditions  Temperature and dissolved oxygen profile measurements  Chemical analysis: total phosphorus, chlorophyll a

006 TROPHIC STATE INDEX(TSI) A rating system that describes lakes based on production and support of aquatic life, including algae, plants, and animals

007 SECCHI DEPTH – Measure of water transparency using a secchi disk

008 TOTAL PHOSPHORUS – One of the main nutrients of concern for lakes

009 CHLOROPHYLL A – Used to estimate the amount of algae in lakes

010 TROPHIC STATE OF OUR LAKES

Lake Range of TSIs Trophic State American 30-50 Oligotrophic-mesotrophic Gravelly 30-50 Oligotrophic-mesotrophic Louise 30-45 Oligotrophic-mesotrophic Steilacoom 40-60 Mesotrophic-eutrophic Waughop 50-65 Eutrophic Carp 50-70 Eutrophic

011 CONCLUSIONS AND RECOMMENDATIONS

 No significant changes noted over past 16 years  Water clarity has improved slightly  Chlorophyll a is slightly decreasing indicating less algae  Other measures show no clear trends  Author noted 16 years is not a very long time in the life of a lake  Recommendations:  Expand sampling to include pH and total nitrogen  Extend monitoring period one month on each end of sampling season  Evaluate low dissolved oxygen in certain lakes

012 THANK YOU LAKE VOLUNTEERS!

2,400 hrs. spent monitoring the lakes over the past 16 years  American Lake: Don Russell, Marcy Williams, Kurt & Janet Spingath  Gravelly Lake: Kris Kauffman, Yorleny Clapper, Suzanne Merriam  Lake Louise: Tom McClellan, Allen Dula, David Swindale, Bob Craig  Lake Steilacoom: Doug Dorling  Carp Lake: Warren & Jean Finch, Diane DuMond  Waughop Lake: Don Russell, Tom McClellan

013 QUESTIONS?

Isabel Ragland Water Quality Monitoring Program Manager Pierce Conservation District

Greg Vigoren Surface Water Division Manager

014 LAKEWOOD CITY COUNCIL MINUTES Monday, June 5, 2017 City of Lakewood City Council Chambers 6000 Main Street SW Lakewood, WA 98499

______

CALL TO ORDER

Mayor Anderson called the meeting to order at 7:00 p.m.

ROLL CALL

Councilmembers Present: 7 – Mayor Don Anderson; Deputy Mayor Jason Whalen; Councilmembers Mary Moss, Mike Brandstetter, John Simpson, Marie Barth and Paul Bocchi.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Mayor Anderson.

PROCLAMATIONS AND PRESENTATION

Youth Council recognition and report.

The Youth Council presented the year-end Youth Council report and a video on what they learned serving on the Youth Council.

Mayor Anderson and Councilmember Paul Bocchi recognized the outgoing 2016- 2017 Youth Councilmembers and presented them with Certificates of Appreciation.

Clover Park School District Board Report.

Clover Park School District (CPSD) Board Director Jacobs spoke about the JROTC awards that Lakes High School received. She then spoke about the Arlington project. She reported that graduation ceremonies will be held this week. She indicated that the District’s employee retirement ceremony will be held on June 12, 2017. She announced that the Clover Park District school pool will be open to the public in the summer. She then spoke about the District Employee of the Year awards.

*********

015 Lakewood City Council Minutes -2- June 5, 2017

Mayor Anderson recognized Youth Councilmember Claudia Penney for being awarded an Association of Cities Center for Quality Communities scholarship. *********

PUBLIC COMMENTS

Speaking before the Council were:

Charlotte Jones, Lakewood resident, spoke about how the Lakewood Senior Center has helped her and announced that the Senior Center Open House will be held on June 8, 2017 at 10:00 a.m.

Dennis Haugen, Lakewood resident, spoke about tonight’s Clover Park School District report and showed a video of President Trump’s speech during his trip to Saudia Arabia.

Glen Spieth, Lakewood resident, spoke about his personal experience with adult family homes in Oakbrook.

Lisa Kleinkhammer, Lakewood resident, spoke about making Oakbrook sidewalks a priority in the Six Year Transportation Improvement Program.

Roland Balis, Lakewood resident, expressed concern about safety on 87th Street in Oakbrook and on Onyx Drive. He suggested putting a stop sign at 87th and Onyx and stated that sidewalks are needed on Onyx.

Michelle Rowe, PMR Industries, asked to meet with each Councilmember to share information about their business venture.

C O N S E N T A G E N D A

A. Approval of the minutes of the City Council meeting of May 15, 2017.

B. Approval of the minutes of the City Council study session of May 22, 2017.

C. Approval of payroll checks, in the amount of $2,234,683.36, for the period April 16, 2017 through May 15, 2017.

D. Approval of claims vouchers, in the amount of $2,586,733.60 for the period April 18, 2017 through May 19, 2017.

E. Resolution No. 2017-10

Endorsing Pierce Transit’s membership to the Association of Washington Cities Employee Benefit Trust.

016 Lakewood City Council Minutes -3- June 5, 2017

F. Motion No. 2017-26

Appointing Joyce Loveday to serve a perpetual term and Elise Doney, Judi Weldy, and Ellie Wilson to serve a three-year term through May 21, 2020 on the Lakewood’s Promise Advisory Board.

G. Motion No. 2017-27

Appointing Lynda Bishop to serve on the Lakewood Arts Commission through October 15, 2020.

H. Motion No. 2017-28

Appointing Benita Allen Prince to serve on the Community Services Advisory Board through December 15, 2020.

I. Motion No. 2017-29

Awarding a bid to Northwest Cascade, in the amount of $321,513, for the construction of the 2017 stormwater pipe repair project.

J. Motion No. 2017-30

Authorizing the City Manager to execute an amendment to the agreement with Horwath Law, PPLC in the amount of $520,000, for public defender services effective June 1, 2017.

K. Items Filed in the Office of the City Clerk: 1. Landmarks & Heritage Advisory Board meeting minutes of April 27, 2017.

COUNCILMEMBER SIMPSON MOVED TO ADOPT THE CONSENT AGENDA AS PRESENTED. SECONDED BY COUNCILMEMBER MOSS. VOICE VOTE WAS TAKEN AND CARRIED UNANIMOUSLY.

R E G U L A R A G E N D A

RESOLUTIONS

Resolution No. 2017-11 approving the Six Year (2018-2023) Transportation Improvement Program.

COUNCILMEMBER BARTH MOVED TO ADOPT RESOLUTION NO. 2017-11. SECONDED BY COUNCILMEMBER SIMPSON. VOICE VOTE WAS TAKEN AND CARRIED UNANIMOUSLY.

017 Lakewood City Council Minutes -4- June 5, 2017

Resolution No. 2017-12 approving the Fiscal Year 2017 Consolidated Annual Action Plan and Fiscal Year 2013, 2014 and 2015 Consolidated Annual Action Plan Amendments for Community Development Block Grant and HOME Investment Partnership Act funding allocations.

COUNCILMEMBER MOSS MOVED TO ADOPT RESOLUTION NO. 2017-12. SECONDED BY COUNCILMEMBER BRANDSTETTER. VOICE VOTE WAS TAKEN AND CARRIED UNANIMOUSLY.

UNFINISHED BUSINESS

None.

NEW BUSINESS

Motion No. 2017-31 authorizing the execution of an agreement with Buenavista, Inc., for an annual amount of $118,239.34, to provide custodial services.

COUNCILMEMBER SIMPSON MOVED TO AUTHORIZE THE EXECUTION OF AN AGREEMENT WITH BUENAVISTA, INC., FOR AN ANNUAL AMOUNT OF $118,239.34, TO PROVIDE CUSTODIAL SERVICES. SECONDED BY COUNCILMEMBER BARTH. VOICE VOTE WAS TAKEN AND CARRIED UNANIMOUSLY.

REPORTS BY THE CITY MANAGER

Review of Title 18A code amendments

Assistant City Manager for Development Services Bugher provided an update on the proposed Title 18A code amendments relative to land use and development.

Review of Memorandum of Understanding with Lakewood Rotary relative to Fort Steilacoom Park Pavilion

City Attorney Wachter reviewed the Memorandum of Understanding with the Lakewood Rotary regarding the Fort Steilacoom Park Pavilion.

Discussion ensued to amend Item I, Project Description of the contract by removing the phrase “sliding doors” so the sentence reads “The City will build a multi-use outdoor stage structure that can be enclosed to allow for storage or multi-day events.” It was suggested that the contract also include a completion date. Concerns were expressed about how could the City actually divorce itself from the managing the Pavilion, and what are some of the other costs that the City may be incurring such as water flow concerns.

**********

018 Lakewood City Council Minutes -5- June 5, 2017

City Manager Caulfield reported that the State Legislature is in their second special session to discuss having a biennial budget in place by July 1, 2017.

He announced that Assistant City Attorney Matt Kaser has accepted a position as City Attorney for the City of University Place effective June 26, 2017.

He reported that the Economic Development brochure has been updated. Emergency Food Network is expanding their property on 92nd. Wig Property has signed a lease to open a Firehouse Subs on the Rite Aid property. DSHS will be adding 30 beds to Western State Hospital in 2018.

He reported that Lakewood Drive is currently under construction. Puget Sound Energy will be doing some gas work in Oakbrook later this week. Public Works will be hosting a meeting on June 8, 2017 on improvements on DeKoven and 100th and DeKoven and Meadbrook Drive. Public Works has also submitted two grant applications for improvements on South Tacoma Way from 80th to 88th and continue Gravelly Lake Drive from Washington Boulevard to Pacific Highway/Nyanza.

Assistant City Manager Bugher has signed the delination of Ft. Steilacoom properties as two distinct parcels – one for Ft. Steilacoom Park and the other for Pierce College.

He announced that parking lot improvements next to Waughop Lake at Ft. Steilacoom Park began today.

He noted that Lakewood and University Place held an open house in University Place on the Chambers Creek Trail that was well attended.

He announced that the City received a $30,000 American Lake Aquatic grant from the Department of Ecology.

He reported that Harry Todd Park striping improvements were completed.

The City is continuing discussion with Lakewood Water District on the transfer of the water backflow program.

He then reported on the audit entrance conference with the Auditor.

He indicated that the City has been meeting with Pierce County on the Solid Waste Management Plan scheduled for Council’s June 12, 2017 Study Session and action on June 19, 2017.

He reminded Council that on June 12, 2017 at 6:00 p.m. the Council will hold a joint meeting with University Place City Council and Josh Browsn, PSRC Executive Director.

019 Lakewood City Council Minutes -6- June 5, 2017

He then announced the following upcoming meetings and events:

• June 6, 10:00 AM to 11:30 AM, Change of Command Ceremony, 2-2 SBCT (Lancer), Colonel Jerry Turner relinquishing command to Colonel Jay Miseli, Soldiers Field, JBLM

th • June 6, 11:45 AM, 4 Annual Farmer’s Market Ribbon Cutting Ceremony

• June 8, 10:00 AM to 1:00 PM, Lakewood Senior Activity Center Open House

• June 9-10, 6:00 PM to noon, 2017 Lakewood Relay For Life, PM Harry Lang Stadium

• June 10, 2:00 PM (3:00 PM presentation), Springbrook Park Ribbon Cutting Event, Springbrook Park

CITY COUNCIL COMMENTS

Councilmember Moss commented on her trip to Washington DC with Mayor Anderson and Deputy Mayor Whalen and meetings with Congressional leaders. She reported on the Memorial Day ceremonies she attended in DuPont honoring the Ross family and the Mt. View Memorial ceremony where Councilmember Brandstetter made comments. She also spoke about the Ft. Steilacoom Park Youth Matter fundraising 5K event she participated in. She thanked City Manager Caulfield for his service and attentiveness to the Council.

Councilmember Bocchi commented on the Chambers Creek Trail Open House and how well attended it was. He then commented on considering clearing the area from Phillips Road and the bridge to Kobayashi Park. He commented on the Youth Council interviews for the upcoming school year.

Councilmember Brandstetter thanked Surface Water Manager Greg Vigoren for attending the Flood Control Zoning District meeting that he wasn’t able to attend. He commented on the South Sound 911 Policy Board meeting he attended. He noted that Pierce College will be opening a 50 year time capsule. He expressed his appreciation for the Youth Council’s year end report. He then indicated that he will be participating in the Relay for Life event at 3:00 a.m.

Councilmember Barth expressed her appreciation for the Youth Council and thanked Councilmember Bocchi for his participation with the Youth Council. She spoke about small businesses, such as Lakewood Hardware, requesting that they be notified if entrances to their businesses will be blocked due to road construction are impacting their businesses.

Councilmember Simpson indicated that he will walk in the Relay for Life event with Councilmember Brandstetter. He reported that he and Stephanie Walsh presented

020 Lakewood City Council Minutes -7- June 5, 2017 at the Clover Park Rotary Club. He then spoke about General Lanza’s retirement ceremony that he attended. He asked Councilmembers for input on how to proceed with the issue concerning marijuana.

Deputy Mayor Whalen commented on discussions that were held during the Washington DC trip. He then commented on Dennis Higashiyama’s retirement ceremony he attended. He reported on the Tillicum Neighborhood Association meeting and the Arts Commission meeting discussions.

Mayor Anderson commented on the Washington DC trip and meetings that were held with federal delegates and discussions on the clear zone. He spoke about the MOAA meeting he attended and noted that he will be attending the 2-2 change of command meeting and the Army ball. He then commented on the Alburqurque, non-profit panhandlers/homelessness municipal cleanup work program ride along he attended.

ADJOURNMENT

There being no further business, the meeting adjourned at 9:50 p.m.

______DON ANDERSON, MAYOR

ATTEST:

______ALICE M. BUSH, MMC CITY CLERK

021 LAKEWOOD CITY COUNCIL AND UNIVERSITY PLACE CITY COUNCIL JOINT SPECIAL MEETING MINUTES Monday, June 12, 2017 City of Lakewood City Council Chambers 6000 Main Street SW Lakewood, WA 98499

CALL TO ORDER

Mayor Anderson and Mayor Figueroa called the meeting to order at 6:02 p.m.

ROLL CALL

Lakewood City Councilmembers Present: 7 –Mayor Don Anderson, Deputy Mayor Jason Whalen; Councilmembers Mike Brandstetter, Mary Moss, John Simpson, Marie Barth and Paul Bocchi.

University Place Councilmembers Present: 5 – Mayor Javier Figueroa, Mayor Pro Tem Kent Keel, Councilmembers Caroline Belleci, Chris Nye and Steve Worthington.

University Place Councilmembers Excused: 2 – Councilmembers Ken Grassi and Denise McCluskey

R E G U L A R A G E N D A

NEW BUSINESS

Review of the Regional Centers Framework Report/Puget Sound Regional Council update.

Mayor Anderson and Mayor Figueroa welcomed Mr. Josh Brown, Executive Director of the Puget Sound Regional Council.

Mr. Brown described the content of his March 1, 2017 letter addressed to the Lakewood City Manager relative to population figures.

Discussion ensued on how the population projections were derived; concerns about resolving issues relative to regional centers; why is the JBLM military installation not recognized as a military installation in the Regional Centers Framework Report; concerns that comments PSRC stated tonight are in direct conflict with what is written in the report that were approved by the Board. Further discussion ensued concerning the PSRC Board preparing its own Regional Centers Framework report separate from the staff report; suggesting that PSRC provide jurisdictions with appropriate notice of

022 City Council Special Meeting Minutes -2- June 12, 2017 upcoming changes so jurisdictions can make adjustments as needed; what value is PSRC bringing to Lakewood given the socio economic condition of Lakewood besides transportation planning; providing for grandfathering provisions when the rules keep changing; CEOs have a lot of influence on elected Boards and it appears that there is finger pointing between staff and elected officials; and what message will be taken back to the PSRC Board from the Councils of Lakewood and University Place.

Further discussion ensued that resolutions be forthcoming from this meeting. Concerns were expressed that one size doesn’t fit all, especially from large places to small places. Strong concerns were expressed that Lakewood is one of the most truly diverse city in the State with over half of its housing being low-income. For to tell Lakewood that it needs to have social equity when it has 50 plus percent low- income housing and it will need to have more low-income housing without the industry to generate the taxes to pay for, and as PSRC grows, and its influence grows, its southern neighbors will be more more concerned if PSRC doesn’t change its course without options for more greater diversity.

ADJOURNMENT

There being no further business, the meeting adjourned at 7:20 p.m.

______DON ANDERSON, MAYOR

ATTEST:

______ALICE M. BUSH, MMC CITY CLERK

023 LAKEWOOD CITY COUNCIL STUDY SESSION MINUTES Monday, June 12, 2017 City of Lakewood City Council Chambers 6000 Main Street SW Lakewood, WA 98499 ______

CALL TO ORDER

Mayor Anderson called the meeting to order at 7:33 p.m.

ROLL CALL

Councilmembers Present: 7 – Mayor Don Anderson; Deputy Mayor Jason Whalen; Councilmembers Mary Moss, Mike Brandstetter, John Simpson, Marie Barth and Paul Bocchi.

ITEMS FOR DISCUSSION:

I-5/JBLM Corridor Improvements Update

Mr. Bill Elliott, Washington State Department of Transportation, provided an update on the I-5/JBLM Corridor Improvements.

Discussion ensued about providing for flexibility in design; how the noise wall may deter commercial business visibility from I-5 with the new Thorne Lane interchange; what may be the impacts if the possibility of using eminent domain for acquisition of right-of-way were used; and is the proposed improvements within the budget.

Information Technology Strategic Plan Update

Information Technology Manager White provided an update on the Information Technology Strategic Plan.

Discussion ensued on the rental housing program; and what the backflow prevention project application would involve. City Manager Caulfield indicated that more updated information will be brought before the Council about the backflow prevention project which may make the backflow application moot.

Review of Municipal Code amendments relative to work crew participation

City Attorney Wachter reviewed the proposed amendments relative to work crew participation.

024 Lakewood City Council Minutes -2- June 12, 2017

Chambers Creek Regional Park Master Plan update

Assistant City Manager for Development Services Bugher provided the history and an update on the Chambers Creek Regional Master Plan.

Discussion ensued about beach access and board walk along the sound.

Review of 2016 Supplement to the 2000 Tacoma-Pierce County Solid Waste Management Plan

Assistant to the City Manager Brazitis provided an update to the 2016 Supplement to the 2000 Tacoma-Pierce County Solid Waste Management Plan.

REPORTS BY THE CITY MANAGER

City Manager Caulfield indicated that in the interest of time, he deferred his report.

ITEMS TENTATIVELY SCHEDULED FOR THE JUNE 19, 2017 REGULAR CITY COUNCIL MEETING:

1. Business showcase. – Harborstone Credit Union

2. Lakewood Lakes Water Quality Report Update. – Ms. Isabel Ragland, Water Quality Monitoring Program Manager, Pierce Conservation District

3. Creating LID 1109 relative to street improvements on 146th Street, 150th Street and overlay of Spring Street. – (Ordinance – Regular Agenda)

4. Amending the Lakewood Municipal Code relative to work crew participation. – (Ordinance - Regular Agenda)

5. Adopting the 2016 Supplement to the 2000 Tacoma-Pierce County Solid Waste Management Plan. – (Resolution – Regular Agenda)

6. Approving the Chamber Creek Regional Park Master Plan. – (Resolution - Regular Agenda)

7. Authorizing the execution of a collective bargaining agreement with the Washington State Council of County and City Employees of the American Federation of State, County and Municipal Employees from January 1, 2017 through December 31, 2020. – (Motion – Regular Agenda)

8. Authorizing the execution of a Memorandum of Understanding with the Lakewood Rotary relative to the Fort Steilacoom Pavilion. – (Motion – Regular Agenda)

025 Lakewood City Council Minutes -3- June 12, 2017

COUNCIL COMMENTS

Councilmember Simpson commented about the Relay of Life event he participated in.

Councilmember Brandstetter commented on the Relay of Life event he participated in starting at 3:00 a.m.

Councilmember Moss spoke about the City leadership tour she participated in. She also spoke about participating in Relay for Life. She then commented on the Springbrook Park dedication ceremony she attended.

Councilmember Bocchi commented on the Relay for Life event. He also spoke about the Springbrook Park dedication ceremony he attended.

Deputy Mayor Whalen commented on Farmers Market. He spoke about the Springbrook Park dedication ceremony. He then spoke about an Idlewild School event he attended.

Mayor Anderson spoke about change of command event and the Army Ball event he attend. He then spoke about opening the Relay for Life event. He commented on the Springbrook Park dedication ceremony and the enthusiasm of the citizens from that neighborhood.

********** Mayor Anderson announced that Council will recess into executive session for approximately 15 minutes to discuss pending litigation.

Council recessed into Executive Session at 9:15 p.m. At 9:30 p.m., Mayor Anderson announced that Executive Session will be extended an additional 5 minutes. At 9:35 p.m., Mayor Anderson announced that Execution Session will be extended an additional 5 minutes. At 9:40 p.m., Mayor Anderson announced that Execution Session will be extended an additional 5 minutes. At 9:45 p.m., Mayor Anderson announced that Execution Session will be extended an additional 5 minutes. At 9:50 p.m., Mayor Anderson announced that Execution Session will be extended an additional 5 minutes.

Council reconvened at 9:55 p.m.

**********

Mayor Anderson announced that Council will move into a closed session to discuss employee relations pursuant to RCW 42.30.140(4).

**********

026 Lakewood City Council Minutes -4- June 12, 2017

ADJOURNMENT

There being no further business, the meeting adjourned at 9:55 p.m.

______DON ANDERSON, MAYOR

ATTEST:

______ALICE M. BUSH, MMC CITY CLERK

027 LAKEWOOD'S PROMISE ADVISORY BOARD MINUTES Thursday, May 04, 2017 Lakewood City Hall Conference Room 1 E 6000 Main Street SW, Lakewood, WA

CALL TO ORDER Chair, Ellie Wilson called the meeting to order at 7:33 a.m.

ATTENDANCE Board Members Present: Ellie Wilson, Echo Curry, Judi Weldy, Dr. Michele Johnson, Debbie LeBeau, Deborah Gist, Zemorah Murray (for Clayton DeNault), Dean Kelly (for Dr. Loveday)

Board Members Excused: Mary Dodsworth

Youth Council Representative: Carolina Robles (excused)

City Council Liaison: Mary Moss

Staff Members Present: Karmel Shields

APPROVAL OF MINUTES Ms. Deborah Gist moved that the April 6, 2017 minutes be approved as written; Dr. Michele Johnson seconded the motion. The Lakewood's Promise Advisory Board April minutes were unanimously approved.

PUBLIC COMMENT NONE

UNFINISHED BUSINESS Coordinator's Report Ms. Shields distributed a coordinator's report. The monthly report is intended to update the LPAB on Promise activities that occur between meetings. This month's report focused on summer outreach plans at SummerFest & Farmer's Market, an update on the What's Up Newsletter and strategic planning. Ms. Shields asked members to send her information on summer camps and events to be included in the newsletter. She also expressed appreciation for Dr. Johnson connecting her with a faculty member, whose design class will be creating a new newsletter masthead.

NEW BUSINESS Strategic Planning Ms. Shields provided a handout identifying a four-step process for strategic planning. She estimates the planning effort will require 10 - 12 hours of the Promise Board's time. A tentative schedule was reviewed. It was determined that September 6, 2017 (8 -10 am) would be the best date for most members to meet and begin the strategic planning process. A professional facilitator will be hired to guide the discussions.

028 029 REQUEST FOR COUNCIL ACTION

DATE ACTION IS TITLE: Amendment of LMC TYPE OF ACTION: REQUESTED: 2.32.040 to permit offenders who June 19, 2017 entered into plea agreements x ORDINANCE NO. 670 prior to conviction to be eligible REVIEW: for work crew consideration. RESOLUTION June 12, 2017 ATTACHMENTS: __ MOTION NO. Ordinance OTHER Ordinance Summary

SUBMITTED BY: Kimberly J. Cox, Assistant City Attorney/City Prosecutor

RECOMMENDATION: The City Prosecutor recommends the City Council adopt the proposed amendments to LMC 2.32.040 to permit offenders charged with crimes to enter into Stipulated Orders of Continuance (SOCs) and also, if otherwise eligible, participate in the City’s Work Crew Program.

DISCUSSION: The amendments to the criteria for eligibility for work crew are proposed to allow work crew participation by defendants in pre-conviction status. This typically comes up in the cases where the defendant wishes to take advantage of a plea agreement via a Stipulated Order of Continuance (SOC). A SOC continues the criminal matter(s) without a finding of guilt or innocence while the offender completes requirements outlined in the SOC. As such, there is no conviction.

The City Prosecutor, Municipal Court Judge and the current public defenders are all in support of permitting defendants in pre-conviction status be eligible for work crew (assuming they are otherwise eligible) for a couple reasons. First, there does not appear to be a legal reason not to extend the ability to resolve fines or jail time with work crew as long as the other limitations are in place (as outlined in LMC 2.32.040(A) – (C)). Second, the City Prosecutor, Municipal Court Judge and public defenders (the primary defense counsel appearing on behalf of criminal defendants in Lakewood Municipal Court) believe this will add to options available to resolve criminal cases.

ALTERNATIVE(S): Do not adopt new ordinances.

FISCAL IMPACT: None known or apparent at this time.

Prepared by

Department Director City Manager Review

030 ORDINANCE NO. 670

AN ORDINANCE of the City Council of the City of Lakewood, Washington, amending Lakewood Municipal Code Section 2.32.040 – Criteria for Work Crew Participation.

WHEREAS the City Council believes providing additional options for resolution of criminal cases is in the best interest of the City, and

WHEREAS there is no known increased public safety impact with expanding eligibility of Work Crew to pre-conviction criminal offenders who otherwise meet the criteria for Work Crew participation.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEWOOD, WASHINGTON, DO ORDAIN as follows:

Section 1: Section 2.32.040 LMC entitled “Criteria for Work Crew Participation” is amended to read as follows:

In order to be eligible to participate in the City’s Work Crew program, an offender shall have been initially screened and referred to the Work Crew Supervisor for final eligibility screening by the Municipal Court at the time of entry of Stipulated Order of Continuance (SOC), sentencing or sentencing review, after having been convicted of a criminal violation for which the offender would otherwise have to serve time in jail, and shall meet the following criteria:

A. The Work Crew offender must be a low-risk offender.

B. The Work Crew offender shall not have been convicted of, or have a history of, or have been repeatedly arrested multiple arrests, for any of the following:

(1) Crimes against children;

(2) Sex offenses;

(3) Arson;

(4) Criminal activity or conduct that indicates that an offender would not be appropriate for the work crew.

C. The Work Crew offender may be rejected from this Work Crew program or any similar program for violation of Work Crew requirements or any inappropriate conduct. (Ord. 303 § 1 (part), 2003; Ord. 216 § 1 (part), 1999.)

Section 2. Severability. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or

031 unconstitutionality shall not affect the validity of any other section, sentence, clause, or phrase of this ordinance.

Section 3. Effective Date. This ordinance shall take place thirty (30) days after its publication or publication of a summary of its intent and contents.

ADOPTED by the City Council this 19th day of June, 2017.

CITY OF LAKEWOOD

______Don Anderson, Mayor

Attest:

______Alice M. Bush, MMC, City Clerk

Approved as to Form:

______Heidi A. Wachter City Attorney

032 City of Lakewood Lakewood City Hall 6000 Main Street SW Lakewood, WA 98499 (253) 589-2489 (Legal Notice) June 20, 2017 NOTICE OF ORDINANCE PASSED BY LAKEWOOD CITY COUNCIL

The following is a summary of an Ordinance passed by the City of Lakewood City Council on the 19th day of June, 2017 ORDINANCE NO. 670

AN ORDINANCE of the City Council of the City of Lakewood, Washington, amending Lakewood Municipal Code Section 2.32.040 – Criteria for Work Crew Participation.

This ordinance shall become effective thirty (30) days after its publication or publication of a summary of its intent and contents.

The full text of the Ordinance is available at the City Clerk's Office, Lakewood City Hall, 6000 Main Street SW, Lakewood, Washington 98499, (253) 589-2489. A copy will be mailed out upon request.

Alice M. Bush, MMC, City Clerk

Published in the Tacoma News Tribune:______

033 REQUEST FOR COUNCIL ACTION

DATE ACTION IS TITLE: An Ordinance forming Local TYPE OF ACTION: REQUESTED: Improvement District No. 1109 (Panattoni X ORDINANCE NO. 671 June 19, 2017 Woodbrook Development) RESOLUTION REVIEW: ATTACHMENTS: Ordinance MOTION Hearing Examiner’s Report OTHER

SUBMITTED BY: John A. Cunningham, P.E., Interim Public Works Director/ City Engineer

RECOMMENDATION: It is recommended that the City Council adopt an Ordinance forming Local Improvement District (LID) No. 1109.

DISCUSSION: Pursuant to Resolution No. 2017-09, adopted April 17, 2017, the City held a public hearing on the formation of LID No. 1109 (Panattoni Woodbrook Development) before Phil Olbrechts, Hearing Examiner, on May 18, 2017. In summary, the Hearing Examiner concludes that the City has complied with all applicable laws with respect to the formation of the LID and recommends that LID No. 1109 be formed. A copy of the Hearing Examiner’s Report is attached. (Continued on page 2)

ALTERNATIVE(S): The City Council may choose not to adopt this Ordinance thereby halting the LID formation. If the Council decides not to proceed with the formation of the proposed LID, the improvements would still have to be constructed by the property owner (Panattoni Development) as conditions of recent land use and building permit approval.

FISCAL IMPACT: All costs associated with the Local Improvement District (LID) will be paid for by the abutting property owner, Panattoni Development Company, Inc. The City will need to create an LID Debt Payment and an LID Receipt Fund; neither of which will cause costs to be incurred by the City. The City will finance the road improvements with funds from the Fleet and Equipment Reserves. The funds will be repaid by the property owner.

Prepared by

City Manager Review Department Director

034 PAGE 2

DISCUSSION: Continued from page 1

The adoption of this Ordinance will formalize the proceedings for the formation of the aforementioned Local Improvement District (LID) and establish the authority to design, construct and assess benefited properties for the frontage improvements associated with the LID.

By Statute, the legislative authority to proceed with LID formation is removed with a protest from property owners representing 60% or more of the LID cost. LID 1109 was petitioned to be formed by the property owner within the LID boundaries and therefore, the City has received no protests.

Through LID 1109 the City will construct half street improvements including road widening, curb, gutter, sidewalk, storm drainage, street lighting, landscaping, and a full width two inch asphalt overlay, and other associated improvements along the street frontages of the portions of 150th Street SW and 146th Street SW; and will construct a full width two inch asphalt overlay on the portion of Spring Street abutting the benefited properties. The improvements associated with this LID are the responsibility of the property owner, Panattoni Development Company, Inc., for redevelopment activity associated with a proposed 471,300 square foot warehouse facility permitted under the City of Lakewood Land Use Permits LU-16-00138 and LU-17-00029, Site Development Permits PW-16-00220 and PW-17-00111, and Building Permit BP-17-00408 (on file at Lakewood City Hall). The total cost of the LID is estimated to be $1,020,000.

As discussed at previous Council Meetings, and as set forth in Resolution 2017-08, section 2 of this Formation Ordinance allows City Council modification of the ordered improvements as long as such modification does not affect the general purpose of the improvements.

035 1 2 3 4 5 6 7

8 BEFORE THE HEARING EXAMINER FOR THE CITY OF LAKEWOOD 9 ) 10 RE: Local Improvement District No. 1109 ) ) FINDINGS OF FACT, CONCLUSIONS OF 11 ) LAW AND RECOMMENDATION 150th St SW, Spring St and 146th St. ) SW Street Improvements 12 ) ) 13 Formation Hearing ) ) 14

15 Summary

16 It is recommended that the City Council adopt an ordinance forming Local Improvement District (“LID”) No. 1109. The LID will finance a full-width overlay and half-street improvements to 150th St 17 SW and 146th St. SW and a full-width overlay along Spring Street. The improvements will be limited 18 to the street frontages of four contiguous parcels of property. No objections have been made to the formation of the LID. The owner of the four parcels requested the formation of the LID and the four 19 parcels comprise all the properties that will be assessed by the LID. Since the LID improvements will improve the City’s public roads at the sole expense of a property owner who requested the LID, it 20 serves the public health, safety and welfare to approve an ordinance forming LID No. 1109. 21 Adoption of a formation ordinance will form the LID and set the boundaries of benefitted properties 22 that would be assessed for the LID improvements. Once the LID is formed, a second final assessment roll hearing will be held to give benefitted property owners an opportunity to contest the amounts they 23 will be assessed. A hearing on the proposed formation was held by the City of Lakewood Hearing 24 Examiner on May 18, 2017. No one except staff testified at the hearing.

25 Testimony 26 Matthew Kaser, Assistant City Attorney, summarized the LID proposal. He noted that no objections

LID FORMATION HEARING 1 036 1 had been filed for the proposal. 2 Weston Ott, City of Lakewood Public Works Transportation Division Manager, noted that the LID 3 improvements are very straightforward. The benefitted property is surrounded on three sides by public right of way, specifically 150th St SW, Spring St and 146th St. SW. The LID will fund half street 4 improvements on all three sides, which includes curb and gutter, sidewalks, storm drainage and street 5 lighting. Spring street will only need a two-inch overlay. In response to examiner questions, Mr. Ott responded that 146th St. SW does not have full street improvements on both sides, so that half of the 6 street will still not be fully improved upon completion of L ID improvements. 7

8 Exhibits

9 The 17 exhibits identified at page 6 of the revised January 18, 2017 Staff Report were admitted into the record during the January 18, 2017 hearing. 10 11 1. March 6, 2017 Memo from Wickstrom to Mayor and Council re LID 2. Affidavit of Publication of Notice of LID Hearing 12 3. Preliminary Assessment Role 4. LID Project Design 13 5. February 17, 2017 letter from property owner requesting LID 14 6. Resolution of Intent 7. Aerial Photograph of LID site 15 8. Notice of Hearing 9. Certificate of Mailing for Hearing Notice 16 10. June 2, 2017 Letter from City Requesting Supplementation of Record 17 11. June 2, 2017 Letter from Panattoni Noting Full Width Overlay 12. June 5, 2017 email string from M. Kaser to Examiner re RE: LID 1109 Hearings Examiner 18 Report, with attachments 19 20 Findings of Fact Procedural: 21

22 1. Resolution of Intent. On April 17, 2017, the City of Lakewood City Council adopted Resolution No. 2017-08. The resolution declared an intention to form LID No. 1109 and set a date for a hearing 23 on its formation for May 18, 2017.

24 2. Hearing. The hearing examiner held a hearing on the formation of the LID on May 18, 2017. 25 No one except staff chose to testify at the hearing. No objections to the formation of the LID were filed in advance of the hearing or voiced at the hearing. 26

LID FORMATION HEARING 2 037 1 2.5. Supplementation of Record with Ex. 10, 11 and 12. After the close of the hearing, City staff 2 submitted a request to supplement the record (Ex. 10) with a letter from Panattoni (Ex. 11), correcting the record and stating that the street overlays along 146th St. SW and 150th St. SW will be full width 3 overlays, correcting testimony at the LID formation hearing that overlays would only be half-width. The supplementary exhibits are admitted and the record is corrected to reflect that the LID involves 4 full width overlays along the street frontages identified in Finding of Fact No. 3 below. 5 Panattoni assumed ownership of the property subject to the LID from YKC Investments LLC the day 6 after the LID formation hearing on May 19, 2017. While in the process of purchasing the property, it had requested YKC Investments LLC to ask the City to form the LID. YKC Investments submitted 7 this request to the City via Ex. 5. Exhibit 12 evidences current ownership of Panattoni1. The full 8 width overlay is included in the cost estimate of the project and was identified in construction plans submitted to the City. Given that the current owner initiated the request for the full width-overlays 9 and that no one except City staff testified at the formation hearing, it is determined that no one will be prejudiced by the addition of Ex. 10, 11 and 12 and they are admitted into the record. 10 11 Substantive: 12 3. LID Improvements. LID improvements will be composed of half-street improvements consisting of curb, gutter, sidewalk, asphalt pavement widening (including a two-inch half-street 13 overlay), storm drainage, street lighting, landscaping and other associated improvements along the street frontages of portions of 150th Street SW and 146th Street SW. Additionally, a full-width two- 14 inch asphalt pavement overlay located on portions of Spring Street SW and full width overlays will be 15 added along 146th St. SW and 150th St. SW frontages. According to Resolution No. 2017-08, the total cost and expense required to make a complete improvement, including legal, engineering, surveying, 16 administrative, printing, acquisition and all other expenses of every kind, is estimated to be $1,020,000.00. The identified improvements will be located along the street frontages of Tax Parcel 17 No. 0219221162, 0219221163, 0219221164, and 0219221165. 18 4. LID Boundaries and Preliminary Assessment. The preliminary assessment role, Ex. 3, 19 submitted by City staff identifies four parcels as located within the LID. All four parcels are owned by YKC Investment LLC. The preliminary assessment roll assesses the entire $1,020,000 cost of LID 20 improvements upon the four parcels. 21 5. Public Benefit. The proposed LID will improve public roads at the sole expense of the property 22 owner who requested the LID. See Ex. 5. Staff did not express any concerns over the proposed LID and no objections were filed or voiced over formation of the LID. For these reasons, it is determined 23 24 1 Ex. 12 is an email that contains a statement from Travis Hale, who represents Panattoni, that Panattoni assumed 25 ownership of all the property subject to the LID on May 19, 2017, the day after the LID formation hearing. Mr. Hale attached closing documents to Ex. 12 showing transfer of property, but the purchaser of the property is identified in those documents as Tacoma Gateway Lakewood LLC. City staff should ensure that Tacoma Gateway Lakewood 26 LLC is properly notified for the final assessment roll hearing.

LID FORMATION HEARING 3 038 1 that approval of the proposed LID will serve the public health, benefit and welfare. 2 3 Conclusions of Law

4 1. Authority. The hearing examiner was directed by Resolution No. No. 2017-08 to conduct the formation hearing and to report a recommendation to the City Council. The hearing examiner is 5 authorized to conduct such hearings by LMC 1.36.127(A) and RCW 35.43.140. 6 2. Formation Hearing Requirements. City staff have complied with all requirements for an LID 7 formation hearing.

8 RCW 35.43.140 authorizes the formation of an LID to be commenced by a resolution declaring the 9 City’s intent to form the LID. The resolution must set a date for a hearing to be held on the formation of the LID. Resolution No. 2017-08 served this purpose. RCW 35.43.140 requires the resolution to be 10 published in at least two consecutive issues of the official newspaper of the city, with first publication at least 15 days prior to the hearing. Ex. 2, an affidavit of publication, establishes compliance with this 11 requirement by publication in the Tacoma News Tribune on April 20 and April 27, 2017. Upon the 12 adoption of a resolution, RCW 35.43.130 requires the preparation of a preliminary assessment roll. That roll has been completed and entered into the record as Ex. 3. RCW 35.43.150 requires notice of 13 the formation hearing to be provided to all owners of benefitted properties to be provided by mail 15 days in advance of the formation hearing. Ex. 8 and 9 establish compliance with the notice 14 requirements of RCW 35.43.150, evidencing that notice of the hearing was mailed to the benefitted property owner on April 21, 2017. 15 16 Recommendation 17 18 It is recommended that the City Council adopt an ordinance approving the formation of LID No. 1109. As noted in the Findings of Fact, adoption of the LID would further public health, safety and welfare since the 19 LID provides for public road improvements at the request and expense of the sole benefitted property owner and no objections have been voiced or filed against the LID. As determined in the Conclusions of 20 Law, the formation hearing was held in conformity with applicable procedural requirements. 21 DATED this 6th day of June, 2017. 22 23 24

25 Pro Tem Hearing Examiner for Lakewood 26

LID FORMATION HEARING 4 039 ORDINANCE NO. 671

AN ORDINANCE of the City Council of the City of Lakewood, Washington, establishing Local Improvement District No. 1109 (Panattoni Woodbrook Development); ordering certain improvements within the local improvement district; creating a local improvement district fund; providing for the issuance and sale of local improvement district warrants or other short-term financing for the improvements; and approving certain matters related thereto.

WHEREAS, by Resolution No. 2017-08, adopted April 17, 2017, the City Council of the

City of Lakewood, Washington (the “City”) declared its intention to order the improvement of certain property located in the City including half-street improvements consisting of curb, gutter, sidewalk, asphalt pavement widening (including a two-inch half-street overlay), storm drainage, street lighting, landscaping and other associated improvements along the street frontages of portions of 150th Street SW and 146th Street SW, and a full-width two-inch asphalt pavement overlay located on portions of Spring Street SW (collectively, the “Improvements”), and to create a local improvement district to finance those Improvements, and fixed May 18, 2017, at 10:00 a.m., local time, in the Council Chambers of City Hall at 6000 Main Street SW, in Lakewood, Washington, as the time and place for hearing all matters relating to the proposed improvements and all comments thereon and objections thereto; and

WHEREAS, the Public Works Director of the City caused an estimate to be made of the cost and expense of the Improvements and certified that estimate to the City Council, together with all papers and information in his possession relating thereto, a description of the boundaries of the proposed local improvement district and a statement of what portion of the cost and expense of the Improvements should be borne by the property within the proposed district; and

040 WHEREAS, that estimate was accompanied by a diagram of the Improvements showing thereon the lots, tracts, parcels of land, and other property which will be specially benefited by the Improvements and the estimated cost and expense thereof to be borne by each lot, tract and parcel of land or other property; and

WHEREAS, after due notice by mailing and publication to affected property owners

within the proposed district, as required by law, a hearing was held on the formation of such

proposed district, before Phil Olbrechts, as Hearing Examiner, on May 18, 2017, at the appointed

time and place, and all persons wishing to be heard were heard; and

WHEREAS, the report of the Hearing Examiner containing Findings of Fact,

Conclusions of Law and Recommendation dated June 6, 2017, was duly filed with the City and

has been made available to the public and members of the City Council and staff; and

WHEREAS, the City Council has determined it to be in the best interests of the City that

the Improvements be carried out and that the proposed local improvement district be created in

connection therewith; NOW, THEREFORE,

THE CITY COUNCIL OF THE CITY OF LAKEWOOD, WASHINGTON, DO

ORDAIN as follows:

Section 1. Council Findings. Having reviewed the record of the hearing and considered

the report of the Hearing Examiner, and being otherwise fully informed and advised, and after

due consideration, the City Council finds and declares as follows:

(a) The Findings of Fact, Conclusions of Law and Recommendation are approved and adopted;

(b) The carrying out of the Improvements and formation of the proposed local improvement district is found to be in the public interest and should be ordered;

(c) No persons have protested or objected to creation of the proposed local improvement district to finance the Improvements and

041 (d) The assessments within the proposed local improvement district should be determined on the basis of the benefit of its Improvements as a whole to the properties within the entire district.

Section 2. Ordering of Improvements. The City Council orders the design, construction

and carrying out of the Improvements, including installing half-street improvements consisting

of curb, gutter, sidewalk, asphalt pavement widening (including a two-inch full street width

asphalt overlay), storm drainage, street lighting, landscaping and other associated improvements

along the street frontages of portions of 150th Street SW and 146th Street SW, and a full-width

two-inch asphalt pavement overlay located on portions of Spring Street SW. All of the foregoing

shall be in accordance with the plans and specifications therefor approved and/or prepared by the

City’s Public Works Department, and may be modified by the City Council as long as such

modification does not affect the general purposes of the Improvements.

Section 3. Creation of Local Improvement District. The City Council orders the creation

of a local improvement district to be known as “Local Improvement District No. 1109 (Panattoni

Woodbrook Development) (the “District”). The boundaries of the District shall be as described

in Exhibit A attached hereto and incorporated herein by this reference. It is hereby found that the

boundaries of the District embrace as nearly as practicable all of the property specially benefitted

by the Improvements.

Section 4. Estimated Costs and Assessments. The total estimated cost and expense of all

of the Improvements is declared to be $1,020,000.00, which amount does not exceed the

estimated increase in the true and fair value of all property specially benefitted by the

Improvements. All of such cost and expense shall be borne by and assessed against the property specially benefited by such Improvements included in the District which embraces as nearly as practicable all property specially benefited by such Improvements, plus debt issuance expenses.

042 Section 5. Assessment Methods. In accordance with the provisions of RCW 35.44.047,

the City may use any method or combination of methods to compute assessments which may be

deemed to most fairly reflect the special benefits to the properties being assessed.

Section 6. Interim Financing Authorized. The City may, for the purpose of meeting any

and all costs and expenses of constructing the Improvements for which funds are not otherwise

available, issue warrants against the hereinafter established Local Improvement Fund. Each

such warrant shall bear interest from the date of issuance at a rate to be established hereafter by

the Assistant City Manager – Administrative Services, as issuing officer. Such interim warrants,

together with the interest due thereon, shall be redeemed from proceeds of the sale of local

improvement district bonds or other obligations or the prepayment of assessments collected within the District. In the alternative, the City hereafter may provide for internal City financing

by means of interfund loans or the issuance of other short-term obligations pursuant to

chapter 39.50 RCW. Such warrants, loans or obligations shall be issued in an aggregate

principal amount not in excess of the cost and expense of the Improvements, plus debt issuance

expenses. Any warrants, bonds, or other obligations shall contain the language required by

RCW 35.45.070.

The City may authorize expenditures to be made for the Improvements (other than for

any cost or expenses expected to be paid by the City) prior to the date that any tax-exempt short term obligations or local improvement district bonds are issued to finance costs of the

Improvements (such as from proceeds of interfund loans or other available resources of the

City). The City hereby declares its official intent pursuant to Treasury Regulation Section 1.150-

2(e), that those expenditures, to the extent not reimbursed with prepaid special benefit assessments, are to be reimbursed from proceeds of tax-exempt obligations to be issued in an

043 expected maximum principal amount of $1,020,000.00 to finance or refinance the cost of the

Improvements.

The City is authorized to issue local improvement district bonds for the District which shall bear interest at a rate and be payable on or before a date to be hereafter fixed by ordinance.

The bonds shall be issued in exchange for and/or in redemption of any and all revenue warrants, interfund loans or other short-term obligations hereafter authorized and not redeemed from the prepayment of special assessments within twenty days after the expiration of the thirty-day period for the cash payment without interest of assessments on the assessment roll for the

District. The bonds shall be paid and redeemed by the collection of special assessments to be levied and assessed against the property within the District, payable in annual installments, with interest at a rate to be hereafter fixed by ordinance. The exact form, amount, date, interest rate and denominations of such bonds hereafter shall be fixed by ordinance of the City Council. Such bonds shall be sold in such manner as the City Council hereafter shall determine.

Section 7. Competitive Bids for Improvements. In all cases where the work necessary to be done in connection with the making of such Improvements is carried out pursuant to contract upon competitive bids (and the City shall have and reserves the right to reject any and all bids), the call for bids shall include a statement that payment for such work will be made in cash warrants drawn upon the hereinafter created Local Improvement Fund.

Section 8. Local Improvement Account Created. An account for the District is hereby created and established in the office of the Assistant City Manager – Administrative Services, within the LID Debt Service Fund. The proceeds from the sale of revenue warrants, interfund loans or other short-term obligations drawn against such funds which may be issued and sold or made by the City and the collections of special assessments, interest and penalties thereon shall

044 be deposited in this Local Improvement Fund. Any cash warrants issued to the contractor or contractors in payment for the work to be done by them in connection with the Improvements, and cash warrants in payment for all other items of expense in connection with the

Improvements shall be issued against this fund.

Section 9. Filing and Posting of Preliminary Assessment. Within 15 days of the passage of this ordinance there shall be filed with the Assistant City Manager – Administrative Services the title of the Improvements and the respective District number, a copy of the diagram or print showing the boundaries or territorial extent of the District and the preliminary assessment roll or abstract of each such roll showing thereon the lots, tracts and parcels of land that will be specially benefited thereby and the estimated cost and expense of the Improvements to be borne by each lot, tract or parcel of land. The Assistant City Manager – Administrative Services immediately shall post the proposed assessment roll upon their index of local improvement assessments against the properties affected by the Improvements.

Section 10. Ratification. All actions previously taken consistent with or in furtherance of the provisions and purposes of this ordinance are ratified and confirmed.

Section 11. Effective Date. This ordinance shall take effect and be in full force from and after its passage and five (5) days following its publication as required by law.

045 ADOPTED by the City Council this 19th day of June, 2017.

Don Anderson, Mayor

Attest:

Alice M. Bush, MMC, City Clerk

Approved as to Form:

Heidi Ann Wachter, City Attorney

046 EXHIBIT A Legal Descriptions

Parcel 0219221162: Section 22 Township 19 Range 02 Quarter 12 PARCEL A OF BLA 2014-07-30-5001 BEG AT NE COR OF TR 45 OF UNREC PLAT OF AMERICAN LAKE GARDENS TH S 00 DEG 23 MIN 26 SEC E 630.37 FT TH TH S 89 DEG 33 MIN 40 SEC W 40 FT TH S 00 DEG 23 MIN 26 SEC E 355 FT TH N 89 DEG 33 MIN 40 SEC E 40 FT TH S 00 DEG 23 MIN 26 SEC E 275.38 FT TH S 89 DEG 33 MIN 23 SEC W 659.9 FT TH N 00 DEG 23 MIN 51 SEC W 1175.92 FT TH NELY 118.44 FT ALG C TO R RAD OF 85 FT THRU C/A OF 79 DEG 50 MIN 09 SEC TH S 00 DEG 23 MIN 51 SEC E 68.68 FT TH N 89 DEG 33 MIN 59 SEC E 55 FT TH N 00 DEG 23 MIN 51 SEC W 70 FT TH N 89 DEG 33 MIN 59 SEC E 535.06 FT TO POB OUT OF 1-012, 1-027, 1-028, 1-038, 1-046, 1-061, 1-062, 1-063, 1-069, 1-111, 1-129, 1-145, 1- 147, 5-003, & 6-007 SEG 2015-0107 JP 09/10/14 JP

Parcel 0219221163: Section 22 Township 19 Range 02 Quarter 12 PARCEL B OF BLA 2014-07-30-5001 BEG AT NE COR OF TR 57 OF UNREC PLAT OF AMERICAN LAKE GARDENS TH S 00 DEG 23 MIN 26 SEC E 118 FT TH S 89 DEG 33 MIN 40 SEC W 370 FT TH N 00 DEG 23 MIN 26 SEC W 118 FT TH N 89 DEG 33 MIN 40 SEC E 370 FT TO POB OUT OF 1-111 & 1-145 SEG 2015-0107 JP 09/10/14 JP

Parcel 0219221164: Section 22 Township 19 Range 02 Quarter 12 PARCEL C OF BLA 2014-07-30-5001 BEG AT A PT ON E LI OF TR 57 OF UNREC PLAT OF AMERICAN LAKE GARDENS 118 FT S OF NE COR THEREOF TH S 00 DEG 23 MIN 26 SEC E 118 FT TH S 89 DEG 33 MIN 40 SEC W 370 FT TH N 00 DEG 23 MIN 26 SEC W 118 FT TH N 89 DEG 33 MIN 40 SEC E 370 FT TO POB OUT OF 1-111 & 1-145 SEG 2015-0107 JP 09/10/14 JP

Parcel 0219221165: Section 22 Township 19 Range 02 Quarter 12 PARCEL D OF BLA 2014-07-30-5001 BEG AT A PT ON E LI OF TR 57 OF UNREC PLAT OF AMERICAN LAKE GARDENS 236 FT S OF NE COR THEREOF TH S 00 DEG 23 MIN 26 SEC E 119 FT TH S 89 DEG 33 MIN 40 SEC W 370 FT TH N 00 DEG 23 MIN 26 SEC W 119 FT TH N 89 DEG 33 MIN 40 SEC E 370 FT TO POB OUT OF 1-111 & 1-145 SEG 2015-0107 JP 09/10/14 JP

047 Map Date: EMERSON LAKE ® June 07, 2017 146TH ST SW

0219221162 0219221163

SPRING ST SW 0219221164

0219221165

WOODBROOK MIDDLE SCHOOL

150TH ST SW

Frontage Improvements LID Tax Parcel Tax Parcel 0 150 300 Feet Lakewood City Limit

ZIRCON DR SW ONYX DR SW City of Lakewood

W 84TH ST S VD S RDSW M BL PHILLIPS STEILACOO STEILACOOM BLVD SW Public Works WARDS LAKE WAUGHOP LAKE B ELWOOD DR SW R

HIPKINS RDSW ID G E P O S TACOMA WY I-5 104TH ST SW LAKE R LAKE STEILACOOM T LOUISE W

Y LAKEVIEW AV SW Exhibit A

S

112TH ST SW W 112TH ST SW LID 1109 WASHINGTON BLVD SW GRAVELLY PACIFIC HWY SW VETERANS DR SW LAKE Project Woodbrook Development AMERICAN LAKE

I-5 Vicinity

This product was prepared with care by City of Lakewood GIS. City of Lakewood expressly PORTLAND AV SW UNION AV SW disclaims any liability for any inaccuracies which may yet be present. This is not a survey. 150TH ST SW Datasets were collected at different accuracy levels by various sources. Data on this map may :\Projects\Eng\Maps\LID1109_ExA.mxd be shown at scales larger than its original compilation. Call 253-589-2489 for 048further information. CERTIFICATION

I, the undersigned, City Clerk of the City of Lakewood, Washington (the “City”), hereby certify as follows:

1. The attached copy of Ordinance No. 671 (the “Ordinance”) is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on June 19, 2017, as that ordinance appears on the minute book of the City; and the Ordinance will be in full force and effect five days after publication in the official newspaper of the City.

2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the passage of the Ordinance.

IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of June, 2017.

CITY OF LAKEWOOD, WASHINGTON

Alice M. Bush, MMC, City Clerk

049 City of Lakewood Lakewood City Hall 6000 Main Street SW Lakewood, WA 98499 (253) 589-2489 (Legal Notice) June 20, 2017 NOTICE OF ORDINANCE PASSED BY LAKEWOOD CITY COUNCIL

The following is a summary of an Ordinance passed by the City of Lakewood City Council on the 19th day of June, 2017 ORDINANCE NO. 671

AN ORDINANCE of the City Council of the City of Lakewood, Washington, establishing Local Improvement District No. 1109 (Panattoni Woodbrook Development); ordering certain improvements within the local improvement district; creating a local improvement district fund; providing for the issuance and sale of local improvement district warrants or other short-term financing for the improvements; and approving certain matters related thereto.

This ordinance shall take effect and be in full force from and after its passage and five (5) days following its publication as required by law.

The full text of the Ordinance is available at the City Clerk's Office, Lakewood City Hall, 6000 Main Street SW, Lakewood, Washington 98499, (253) 589-2489. A copy will be mailed out upon request.

Alice M. Bush, MMC, City Clerk

Published in the Tacoma News Tribune:______

050 REQUEST FOR COUNCIL ACTION DATE ACTION IS TITLE: Approving the Resolution TYPE OF ACTION: REQUESTED: of Adoption of the 2016 Supplement ORDINANCE NO. June 19, 2017 to the 2000 Tacoma-Pierce County Solid Waste Management Plan X RESOLUTION NO. 2017-13 REVIEW: June 12, 2017 ATTACHMENTS: _ MOTION NO.

OTHER

SUBMITTED BY: Torie Brazitis, Assistant to the City Manager

RECOMMENDATION: It is recommended that the City Council approve the Resolution of Adoption of the 2016 Supplement to the 2000 Tacoma-Pierce County Solid Waste Management Plan.

DISCUSSION: Chapter 70.95 RCW requires Counties, in coordination with their Cities and Towns, to adopt comprehensive solid waste plans for the management, handling, and disposal of solid waste for twenty years, and to review and amend or revise the plans every five years, as necessary.

The City Council accepted the 2000 Tacoma-Pierce County Solid Waste Management Plan in 2001 when it authorized the City Manager to enter into a Solid Waste Management Interlocal Agreement with Pierce County (Resolution 2001-16).

This 2016 Supplement is a minor amendment to the 2000 Tacoma-Pierce County Solid Waste Management Plan. The Pierce County Council adopted the 2016 Supplement on March 21, 2017 (2016-83). After that, Pierce County Executive Bruce Dammeier signed the ordinance into law, with an effective date of April 14, 2017. Cities choosing to stay in Pierce County’s regional solid waste system must issue a Letter of Concurrence or Resolution of Adoption of this supplement.

ALTERNATIVE(S): The City Council could choose not to approve the resolution. Cities who do not adopt the supplement must leave the Pierce County regional solid waste management system and provide for those services elsewhere.

FISCAL IMPACT: This resolution does not impact the budget beyond the existing, approved fiscal impacts of the City’s solid waste collection franchise and its provisions.

Prepared by

City Manager Review Department Director

051 RESOLUTION NO. 2017-13

A RESOLUTION of the City Council of the City of Lakewood, Washington adopting the 2016 Supplement to the 2000 Tacoma- Pierce County Solid Waste Management Plan and recommitting the City to its partnership with Pierce County.

WHEREAS, Chapter 70.95 RCW requires Counties, in coordination with their Cities and Towns, to adopt comprehensive solid waste plans for the management, handling, and disposal of solid waste for twenty years, and to review and amend or revise the plans every five years, as necessary; and

WHEREAS, pursuant to Chapter 70.95 RCW, the County Executive entered into Interlocal Agreements with the Cities and Towns within Pierce County wherein the County agreed to serve as the lead planning agency to maintain the Solid Waste Management Plan and draft revisions as necessary, and to provide a draft of these revisions to the Cities and Towns prior to scheduled County Council public hearing dates; and

WHEREAS, the County, in coordination with the Pierce County Solid Waste Advisory Committee (SWAC) developed the 2016 Supplement to the 2000 Tacoma-Pierce County Solid Waste Management Plan to replace the 2008 Supplement; and

WHEREAS, the SWAC held 11 public meetings and conducted one public hearing, giving the community multiple opportunities to be involved in the drafting and reviewing of the 2016 Supplement; and

WHEREAS, the 2016 Supplement to the 2000 Tacoma-Pierce County Solid Waste Management Plan is a strategic document, identifying goals, objectives and actions necessary to achieve a community vision; and

WHEREAS, the County submitted a draft supplement to the Cities and Towns for review and comment in April 2016; and

WHEREAS, the Pierce County Council adopted the 2016 Supplement by Ordinance 2016-83 on March 23, 2017; and

WHEREAS, the City desires to adopt 2016 Supplement as an amendment to its comprehensive solid waste management plan; and

WHEREAS, the City also desires to recommit itself to a partnership with the County to coordinate on the implementation of the goals, policies, recommendations, and disposal methods as set forth in the 2000 Tacoma-Pierce County Solid Waste Management Plan and the goals and objectives set forth in the 2016 Supplement.

052 NOW THEREFORE BE IT RESOLVED by the City Council of City of Lakewood:

Section 1. The 2016 Supplement is hereby adopted in its entirety to amend the 2000 Tacoma-Pierce County Solid Waste Management Plan as the comprehensive solid waste management plan for the City of Lakewood.

Section 2. The City recommits to a partnership with the County to implement the goals, policies, recommendations, and disposal methods set forth in the 2000 Tacoma-Pierce County Solid Waste Management Plan and the goals and objectives set forth in the 2016 Supplement.

PASSED this 19th day of June, 2017.

CITY OF LAKEWOOD

______Don Anderson, Mayor

Attest:

______Alice M. Bush, MMC, City Clerk

Approved as to Form:

______Heidi Ann Wachter, City Attorney

053 Exhibit A to Ordinance No. 2016-83

2016 Supplement to the TACOMA-PIERCE COUNTY SOLID WASTE MANAGEMENT PLAN

i |  2016 Supplement to the Tacoma-Pierce County Solid Waste Management Plan Exhibit A to Ordinance No. 2016-83 054 Page 1 of 93 Exhibit A to Ordinance No. 2016-83 ACKNOWLEDGMENTS PIERCE COUNTY SOLID WASTE PROJECT MANAGEMENT TEAM MUNICIPAL PARTNERS COUNCIL ADVISORY COMMITTEE AND FACILITATION City of Bonney Lake Connie Ladenburg Voting Members Pierce County Public Works City of Buckley Jim McCune Danielle Allen Steve Wamback, Project Sponsor Town of Carbonado Joyce McDonald (–2016) Angela Angove Chris Brown City of DuPont Douglas Richardson Drew Brien(–2017) Bob Dieckmann Town of Eatonville Dan Roach Gail Ehnat O’Donnell Rick Johnston City of Edgewood Pam Roach (2017–) Jillian Foss Stephanie Leisle City of Fife Rick Talbert Mark Gingrich Sheryl Rhinehart City of Fircrest Derek Young Michael Gruener City of Tacoma City of Gig Harbor Nancy Henderson (2016–) Gary Kato PIERCE COUNTY EXECUTIVE City of Lakewood Jenny Jacobs Bruce F. Dammeier (2017–) Department of Ecology City of Milton Gary Kato Julie Robertson Pat McCarthy (–2016) City of Orting Dennis Magnuson EnviroIssues City of Puyallup George Robison Ray Outlaw, Project Manager City of Roy Chester Saito Ashley Bagley City of Ruston Mary Sherman (2016–) Penny Mabie Town of South Prairie René Skaggs (2016–) Liz Mack Town of Steilacoom Steve Worthington (–2016) SERVICE PROVIDERS City of Sumner Pierce Conservation District Non-Voting Members City of University Place Andy Comstock Tacoma-Pierce County Health Department Town of Wilkeson Jody Snyder University Place Refuse and Hugh Taylor Westside Disposal Steve Wamback American Disposal D.M. Disposal Murrey’s Disposal Pierce County Recycling Disposal and Composting LLC d/b/a/ LRI Pierce County Refuse (LeMay) ii | Acknowledgments 2016 Supplement to the Tacoma-Pierce County Solid Waste Management Plan Exhibit A to Ordinance No. 2016-83 055 Page 2 of 93 Exhibit A to Ordinance No. 2016-83 ADOPTION ORDINANCE

iii | Adoption Ordinance 2016 Supplement to the Tacoma-Pierce County Solid Waste Management Plan Exhibit A to Ordinance No. 2016-83 056 Page 3 of 93 Exhibit A to Ordinance No. 2016-83 CONTENTS ACKNOWLEDGMENTS...... II ADOPTION ORDINANCE...... III CONTENTS...... IV INTRODUCTION...... 1 APPROACH FOR THE NEXT FIVE YEARS ...... 7 OUR SYSTEMS AND PROGRAMS ...... 31 ISSUES ADDRESSED ELSEWHERE ...... 47 EMERGING ISSUES AND FUTURE CONSIDERATIONS ...... 51 RETAINED POLICIES ...... 53 APPENDIX...... A-1

iv | Contents 2016 Supplement to the Tacoma-Pierce County Solid Waste Management Plan Exhibit A to Ordinance No. 2016-83 057 Page 4 of 93 Exhibit A to Ordinance No. 2016-83 INTRODUCTION This supplement represents a refreshed effort to build upon our many successes and tackle some of our biggest challenges. It does not replace OUR VISION the 2000 Solid Waste Management Plan. It sets the direction we aim to go and defines the path People, businesses and agencies work together to forward. As the vision clearly states, success reuse resources and waste little. will only come by way of a shared commitment amongst all of us. Let this be an invitation to us all to lead by example and help create a more sustainable Pierce County.

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OUR GOALS Our vision is supported by four goals focused on System, Culture, Decisions and Measurement.

We support and expand opportunities to minimize waste. SYSTEM Our System goal aims to ensure Pierce County and the City of Tacoma provide the infrastructure and resources to meet our solid waste needs. It focuses on making improvements to the system that make it easier for each of us to reduce, reuse and recycle.

We are a community of invested, active participants working CULTURE together to reduce waste. Culture addresses our behaviors and individual roles within the solid waste management system. It aims to improve everyone’s understanding of how the system works, allowing us to make better, smarter decisions to avoid waste generation first and manage waste responsibly second.

Decisions are practical, understandable and transparent, DECISIONS providing opportunities for innovation while balancing economic, environmental and societal impacts. Our Decisions goal begins to build a more robust decision-making framework around what materials are accepted and how they are processed. It also directs the County to identify barriers to the use of necessary facilities and to think critically about how and when to participate in and partner with other entities.

Actions, programs and services are measured and evaluated for MEASUREMENT effectiveness and efficiency. Measurement builds upon the success of our regular Waste Trends Analysis, directing us to measure more, document better and improve based on what we learn.

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MATERIALS MANAGEMENT PHILOSOPHY Solid waste, which includes garbage, recyclables and compostables, is any Material Life Cycle material that must be managed after it has been used. We recognize that solid waste has a tremendous impact on the well-being of our community, even when properly managed. Collecting, transferring and processing solid waste requires building and maintaining facilities and equipment, and costs the community hundreds of millions of dollars each year. Everyone in Pierce County can do something about these impacts. Our daily choices have a direct impact on the generation, type and volume of solid waste. This supplement sets the expectation that our first priority as a community is to avoid waste at the source. We then efficiently and effectively manage waste that is generated, leading to a more sustainable community. With our growing emphasis on avoiding waste, we are proposing a materials management approach.

Sustainability

Sustainable is not a synonym for “green” nor does sustainability mean “environmentally friendly.” Sustainable decisions and actions consider all factors that might affect maintainability such as economics, efficiency, equitability, effectiveness and environment. Sustainable decisions and Upstream, design and production actions will be forward thinking and improve the community through Aluminum can manufacturers are designing a new generation of cans with 10 percent less material. A single gram of weight saved in a can saves over 200,000 conservation of resources, time and money and by increasing the tons of aluminum globally each year. effectiveness of social and community networks. packaging.world-aluminium.org

Consumption and use Forty percent of food grown or raised in the U.S. is not eaten. This food waste accounts for a quarter of all freshwater consumption and the consumption of 300 MATERIALS HAVE VALUE million barrels of oil per year. Changing how we purchase and use food could make a huge impact on our nation’s water supply. Historically, solid waste programs have focused on what to do with waste reliablewaterservices.com after it has been produced; this is considered end-of-life management (see material life cycle figure). Although end-of-life management is important, End-of-life-management Pierce County and other solid waste management programs are considering The average mobile phone battery contains 3.5 grams of recyclable copper. That’s enough copper to make over 50 pennies. the entire life cycle of the items and products everyone uses. In order to have ewastedisposal.net

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Materials Management Hierarchy The next best option is to do something beneficial with those materials after their first use by reusing, recycling or composting them. This extends the life of the materials and avoids spending additional resources on their disposal. For example, recycling one ton of paper saves 17 trees, 7,000 gallons of water, two barrels of oil and enough energy to power the average American home for six months (epa.gov). Reusing, recycling and composting is referred to as waste diversion because it avoids placing items into a landfill and prevents the constant need to begin the process again at extraction. To fully implement the materials management philosophy, our community must recognize that all products and packaging have intrinsic value because of the energy and natural resources invested in their production. Used materials are not just waste, they are useful materials that must be managed and reused accordingly.

less overall material to manage, we must rethink how we, as a community, consume and use materials. You will see this emphasis on consumption and use as critical components of the material life cycle in our vision, goals and objectives. All products require natural resources to bring them to market (i.e., the energy and materials used to extract, process, manufacture, package and transport the product). Extracting resources is costly, both economically and environmentally. For example, products brought to market, whether they are food or computers, generate 42 percent of all greenhouse gases emitted in the U.S. (EPA 2006). The goal of a materials management philosophy is to save as much of these raw materials, water and energy as feasible through a range of practices. The most efficient way to achieve this goal is to reduce waste by not creating it in the first place (see materials management hierarchy). If everyone works together to reduce the amount of waste generated, we can decrease our need for costly disposal and recycling facilities. Small changes can have large impacts. For example, a fast-food restaurant chain can avoid 68 million pounds of packaging every year by pumping soft drink syrup directly from a delivery truck into tanks at the restaurant, instead of shipping the syrup in cardboard boxes (donellameadows.org).

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THE MATERIALS MANAGEMENT SYSTEM The materials management system includes all aspects of our system from waste generation to disposal. This graphic illustrates the circular nature of our system and economy. By making smart purchases and reusing resources efficiently and sustainably throughout their lifecycles, we can help reduce waste at every step of the system.

COMPOST SPECIAL WASTE SPECIAL FACILITIES FACILITY FARMS

ENVIRONMENTAL EDUCATION

ILLEGAL DUMPING CODE ENFORCEMENT LANDFILL

SCHOOLS

PUBLIC OUTREACH DISPOSAL ADMINISTRATION

WASTE SELF-HAUL DIVERSION TRANSFER HOMES STATION

COMPOST

COLLECTION RECYCLING SORTING FACILITY

FACTORIES

RECYCLE BUSINESSES

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SYSTEM TARGET: 1.09 POUNDS PER DAY

The 2000 Solid Waste Management Plan did not Pounds of Waste Disposed per Person per Day include a specific numerical waste reduction target, but did include two broader measures: to reduce 6 per capita waste generation and to maintain and improve upon Pierce County’s recycling rate. The 5 Solid Waste Advisory Committee took a similar continuous improvement approach when it drafted the 4 2008 Supplement. During the public hearing process, the Pierce County Council asked the Public Works 3 Department to propose year-by-year numerical targets 2 by which continuous improvement could be measured.

Appendix F to the 2008 Supplement demonstrated what 1 could happen to the waste stream with a combination of annual increases in per person recycling and 0 annual decreases in per person disposal. This table 2007 2010 2013 2016 2019 2022 2025 2028 2031 2034 2037 2040 identified 1.09 pounds of garbage per person per day 2007 to 2015 2016 to 2021 2021 to 2040 as the disposal rate target for 2032 (25 years after the Supplement). Since adopting the 2008 Supplement, 1.09 pounds per person per day has come to be seen as the system’s performance goal or target, with each year’s calculation recognized as a measurable benchmark. Each year’s target can be viewed in Chart E-3. After reflecting on the stated purpose of this supplement to serve as a bridge to a new plan in 2020 and recognizing that this target is consistent with the goals and objectives identified in this supplement, the Public Works Department recommends retaining the 1.09 goal for the 2032 to 2040 timeframe. At the same time, we will continue the annual Waste Trends Analysis (at least) through 2018. This will generate five consecutive years of detailed disposal data, setting the stage for a new, post-2040 goal that can be proposed in the next plan. 6 | Introduction 2016 Supplement to the Tacoma-Pierce County Solid Waste Management Plan Exhibit A to Ordinance No. 2016-83 063 Page 10 of 93 Exhibit A to Ordinance No. 2016-83 APPROACH FOR THE NEXT FIVE YEARS This supplement augments the Tacoma-Pierce County Solid Waste Management Plan (Plan) which was adopted in 2000 and approved by the Washington Department of Ecology in 2001. The two documents should be used together; the Supplement amends, but does not replace, the Plan. This supplement builds on the success and progress we have made through our existing programs and practices, with the support of our residents and community. It also establishes our vision for Pierce County and its materials management system. Our vision is supported by five-year goals focused on: System, Culture, Decisions and Measurement. While the goals are VISION interconnected and interdependent, each goal will be reached with specific and measurable objectives and accompanying actions. This pyramid of vision, goals, GOALS objectives and actions creates the framework for our next five years of work. The following pages describe what needs to be done (objectives) and how we will OBJECTIVES accomplish (actions) each goal. Each objective is introduced with a statement about the specific challenge that led to the objective. There is also a section describing what will result from achieving the objective and how it moves us towards our vision. ACTIONS

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People, businesses and agencies work together to reuse resources and waste little. VISION

We support and We are a community of Decisions are practical, Actions, programs and expand opportunities invested, active participants understandable and transparent, services are measured to minimize waste. working together to reduce providing opportunities for and evaluated for waste. innovation while balancing effectiveness and System Culture Decisions Measurement economic, environmental and efficiency. societal impacts.

Objectives Objectives Objectives Objectives S-1 Pierce County evaluates the C-1 Materials management service D-1 Pierce County and the City of Tacoma M-1 Significant materials feasibility of standardized recycling, providers use consistent language develop and implement formal management practices are yard waste and garbage collection and key messages in interactions partnership strategies designed to evaluated for sustainability. in all sectors of the county. with stakeholders and customers. strengthen connections with agencies, for-profit companies and not-for-profit M-2 Pierce County and the City S-2 Pierce County identifies sustainable C-2 Pierce County has a formalized organizations that share in the goals of Tacoma have established funding for waste reduction, framework to guide selection of and vision established in this plan (e.g., waste diversion targets based recycling, environmental education strategies used to engage residents partnering with the Pierce Conservation on recycling stream and other and code enforcement programs and stakeholders in decision- District). relevant data. which maintains a reasonable fund making. balance, satisfies operational and D-2 Pierce County and the City of Tacoma M-3 Pierce County and the City capital obligations and aligns with C-3 Wasted food is reduced, meeting develop, document and implement of Tacoma have established sources of funds. targets established by annual waste strategies for deciding what materials waste reduction targets based audits. are diverted and how they move on waste trends analysis and S-3 Pierce County and the City of through the materials management other relevant data. C-4 The quantity of targeted single Tacoma implement strategies to system. expand the variety of materials use items in the waste stream is targeted for diversion at transfer reduced. D-3 Pierce County and the City of Tacoma stations, where feasible. develop, document and implement C-5 The quality of participation in strategies for deciding what materials garbage, recycling and organics S-4 In Pierce County, people can recycle are targeted for reduction. away from home as easily as they collection services increases can at home. annually in targeted customer D-4 Pierce County Public Works evaluates types. whether there are barriers to designing and locating the materials management C-6 Our community demonstrates infrastructure required to implement the an increased working knowledge Solid Waste Management Plan. of how individual behaviors and choices affect the system and the world around us.

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SYSTEM We support and expand opportunities to minimize waste.

COLLECTION TRANSFER STATION COMPOST FACILITY LANDFILL

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SYSTEM We support and expand opportunities to minimize waste. Materials management system

Includes all aspects of the OBJECTIVE S-1 system from waste generation Solid Waste Collection | Pierce County evaluates the feasibility of standardized recycling, yard waste and to disposal. The system aims garbage collection in all sectors of the county (2016–2017). to use and reuse resources efficiently and sustainably throughout their lifecycles. It The Challenge seeks to minimize materials Across Pierce County the collection methods, pickup Actions used and all associated frequency and container use for trash, recycling and 1. Inventory current service options and environmental impacts. yard waste vary significantly. This creates confusion container size, color and design across for residents, especially those who move from one Pierce County. part of the county to another. Multifamily housing 2. Work with service providers to study those complexes are also problematic since they often have aspects where standardization is most the same-colored large containers for recycling and feasible. garbage. These variations in service do not give an impression of a coordinated materials management 3. Explore options, and any necessary system. legislative remedies, to allow for mandatory garbage service in part or all of unincorporated Pierce County 4. Develop a plan to implement a Same-colored recycling and garbage containers can lead to confusion standardized system across the county.

The Result Standardization would mean all of unincorporated Pierce County (and possibly all of the cities and towns which are part of the Tacoma-Pierce County Solid Waste Plan and this supplement) would receive identical and seamless service offerings. The Pierce County Public Works Department will make decisions regarding when and how to implement this plan at a later date, once all the information has been collected and the feasibility Automated curbside collection is has been analyzed. available in some parts of the county

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SYSTEM We support and expand opportunities to minimize waste. Reduction

The effort to avoid waste at its source and therefore have less OBJECTIVE S-2 waste to manage. Administration | Pierce County identifies sustainable funding for waste reduction, recycling, environmental education and code enforcement programs which maintains a reasonable fund balance, satisfies operational and capital obligations and aligns with sources of funds (2017).

The Challenge Pierce County Public Works currently oversees and funds waste reduction, Actions recycling, environmental education and code enforcement programs. We also 1. Explore, evaluate and fund related activities in other departments. In some instances, the source of prioritize available the funding may not be directly related to the recipients of these activities. In funding options. all cases, though, these activities and partnerships are approved by the Pierce 2. Develop and County Executive and Council. implement Revenue (either current year revenue or revenue retained from prior years) recommendations for from disposal fees collected at solid waste facilities funds our programs as long-term funding. well as these partner activities. Looking ahead, our ability to fund our internal programs and our partner-provided services will be limited by several factors.

• Within the next five to seven years we will gradually reduce the prior years’ funds and will rely solely on current-year operating revenue to fund services. • Our efforts to reduce waste will shrink the size of the disposal stream The code enforcement program and lessen the fees we collect. responds to illegal junk vehicles • We will need to re-invest in our capital facilities to maintain their ability to serve customers’ recycling, composting and disposal needs. The Result Sustainable long-term funding will address both short-term needs and long-term obligations and align the source of funds (e.g., commercial customers) with the use of funds (e.g., commercial recycling outreach). This funding will allow us to continue to serve our customers and focus our resources on meeting the goals and objectives outlined in this supplement.

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SYSTEM We support and expand opportunities to minimize waste. Diversion

The avoidance of placing items OBJECTIVE S-3 into a landfill through reuse, recycling and composting. Waste Diversion | Pierce County and the City of Tacoma implement strategies to expand the variety of materials targeted for diversion at transfer stations, where feasible (2018–2019).

Transfer station

A facility where self-haulers The Challenge and collection vehicles deposit Some of the materials brought to transfer stations Actions waste collected offsite. The in Pierce County could be reused or recycled (e.g., 1. Create a list of materials to target for waste is then moved to larger bicycles, mattresses, clean wood waste and metal). diversion, using waste diversion strategies vehicles for transport to solid Similarly, some facilities only accept and recycle (see D-2). materials that are commonly part of curbside recycling waste handling facilities (e.g., 2. Identify barriers and opportunities for programs and do not accept and recycle other landfills, composting facilities, increasing diversion at each transfer station. valuable materials, such as construction material. materials recovery facilities). Most of these facilities are not designed or operated in 3. Find partners for ongoing reuse and a way to accept and divert these items. In some cases recycling sites. these materials are pulled out of the waste stream 4. Coordinate with transfer stations to develop at the transfer station and sent to recycling or reuse and implement strategies for each transfer facilities, but we could remove more. We are missing station to accept and handle new materials. opportunities to divert material from the landfill and potentially increase recycling revenue.

The Result Expanding the variety of materials that can be diverted from transfer stations will reduce the overall amount of material entering the landfill. Some of the opportunities may include providing space for Goodwill donation trucks, collecting building materials, bicycles and other reusable items, or recycling clothing and textiles. Each Diverted materials are collected at a transfer station is unique and will be individually evaluated to determine if diversion opportunities are possible transfer facility (e.g., there is enough space, staffing). Safety will be a top priority when implementing these opportunities.

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SYSTEM We support and expand opportunities to minimize waste.

OBJECTIVE S-4 Waste Diversion | In Pierce County, people can recycle away from home as easily as they can at home (2018–2020).

Material specific recycling bins are The Challenge located in some public spaces in the Convenient curbside recycling is available to Actions county most Pierce County residents; however in public 1. Investigate relevant practices, policies and spaces, away from home, it can be very difficult guidelines (e.g., those for public events, to recycle. Despite state regulations requiring property development) for reference to public event vendors to provide and maintain recycling containers. recycling containers, many events in Pierce 2. Identify recycling barriers and opportunities County still lack the necessary coordination (e.g., no recycling containers at parks) and and containers for recycling valuable materials, prioritize targets. such as aluminum cans and plastic bottles. Other public facilities, such as parks and hotels, 3. Identify successful programs and/or develop also lack opportunities to recycle. In some model programs and/or guidelines in cases, commercial property developments do partnership with relevant parties. not include adequate space for and access 4. Pilot model programs in targeted sectors and to recycling containers. These facts combine document results. to make it much more difficult to recycle once 5. Implement successful pilots on a broad scale. residents leave the comforts of home.

Recycling and garbage bins are The Result available away from home Making it easier for residents to recycle away from home will improve recycling rates and reinforce the importance of recycling. Working with partners from various sectors, we can increase opportunities for recycling in public spaces by developing model programs and guidelines. These new initiatives will be piloted and the results will be documented. The most sustainable and successful pilots will be implemented broadly.

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CULTURE We are a community of invested, active participants working together to reduce waste.

BUSINESSES FARMS HOMES SCHOOLS

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We are a community of invested, active participants working CULTURE together to reduce waste.

OBJECTIVE C-1 Administration | Materials management service providers use consistent language and key messages in interactions with stakeholders and customers (2016).

The Challenge In Pierce County curbside garbage, recycling and Actions yard waste providers and services vary throughout 1. Work with system providers to develop the county. This variability in services with different and implement a communication plan Consistent language helps customers providers makes delivery of consistent key messages that identifies key messages, roles and understand the materials management essential. Over time, stakeholders and customers responsibilities. have noted a lack of consistency regarding system 2. Work with system providers to review and communications, sometimes resulting in confusion or revise the plan (as necessary) to ensure even incorrect information being given to customers. consistent communication strategies, materials and messaging.

The Result Implementing a clear communication plan will build credibility by clarifying responsibilities and ensuring A review process is necessary to correct, consistent information is provided to customers. Improved communication will help stakeholders and determine the most appropriate key customers better understand the system and make more informed decisions. Regular plan review will evaluate messages the effectiveness of this effort.

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We are a community of invested, active participants working CULTURE together to reduce waste.

OBJECTIVE C-2 Administration | Pierce County has a formalized framework to guide selection of strategies used to engage residents and stakeholders in decision-making (2016).

The Challenge We value residents and stakeholders as owners and Actions partners in the materials management system and 1. Identify the types and breadth of decisions are committed to their engagement and participation where stakeholder/resident engagement can in decisions. We currently do not have a formal be used (e.g., not all decisions require broad framework to identify appropriate engagement community engagement). Students complete a food waste survey strategies. The lack of a framework means we may 2. Define levels of community engagement. overlook opportunities to engage residents and stakeholders in meaningful conversations about their 3. Develop a toolbox of effective engagement involvement in the materials management system. methods including the purpose, timing, appropriate use, evaluation techniques and case studies for each method.

The Result This engagement framework will ensure we consciously consider when, where and how to engage customers and stakeholders in decision-making. It will create consistency and provide structure when evaluating tools and techniques for appropriateness and feasibility. This process will also provide a pathway for innovation, Outreach events inform the public about allowing residents and stakeholders to engage and bring their ideas to the table. The actions listed above do food waste not identify specific details of the framework, but instead focus on the steps required for development.

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We are a community of invested, active participants working CULTURE together to reduce waste.

OBJECTIVE C-3 Waste Reduction | Wasted food is reduced, meeting targets established by annual waste audits (2017–2019).

The Challenge The disposal of edible food wastes Actions valuable resources. It wastes time, 1. Determine the quantity of edible food that is currently disposed. water, energy and money used 2. Identify partners, barriers and efficiencies /opportunities to for production, transportation, reduce the waste of edible food. purchase and disposal of the food. This is a community issue 3. Support and participate in relevant efforts to increase food crossing multiple sectors (e.g., system efficiencies. residential, commercial). It can be 4. Support local efforts, such as the Gleaning Project, that Gleaning helps to prevent food waste addressed through changes in the facilitate getting edible produce to those in our community manufacturing and delivery of food, needing it most. as well as through behaviors of 5. Provide the tools and guidance necessary for businesses and individuals. people to make changes to the way they grow, sell, shop, store and consume food. 6. Evaluate success of efforts using waste trends analysis data (see M-3).

The Result When we, as a community, understand the quantity of wasted food and the problems associated with this waste, we will be empowered to make changes. Reducing this waste will have noticeable impacts to the amount of material unnecessarily sent to the landfill. Reducing food waste and increasing food system efficiencies will also help reduce the amount of valuable natural resources used to produce our food. These The Gleaning Project volunteers efforts will result in a measureable difference in waste trends analysis data. harvest strawberries

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We are a community of invested, active participants working CULTURE together to reduce waste.

OBJECTIVE C-4 Waste Reduction | The quantity of targeted single use items in the waste stream is reduced (2018–2019).

The Challenge Single use items have a very short life span and Actions waste valuable resources. Resources are used Single use items waste 1. Identify single use items to target (see D-3). valuable resources to continually create these items. Then, more are 2. Quantify targeted single use items in the solid used to dispose of them after one use. These waste stream. items make up a large portion of our waste stream and could be avoided by using durable goods 3. Identify practical alternatives for the items. having longer and more robust life spans. 4. Develop and implement an outreach strategy that facilitates change in the way we manufacture, use and dispose of single use products. 5. Evaluate results of outreach implementation using waste trends analysis data (see M-3).

The Result Reducing the amount of single use items in the waste stream by encouraging people to choose more sustainable, reusable materials is necessary to lower the amount of waste we generate annually. Working together to find ways to switch from unnecessary single use items to durable, reusable items will support a Reusing materials, like these cabinet culture that wastes little. The items targeted for reduction will be identified in D-3. Outreach efforts will be doors, lowers the amount of waste we evaluated based on waste trends analysis data. generate

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We are a community of invested, active participants working CULTURE together to reduce waste.

OBJECTIVE C-5 Education and Public Outreach | The quality of participation in garbage, recycling and organics collection services increases annually in targeted customer types (2018–2020).

The Challenge Active, comprehensive and consistent participation in Actions garbage, recycling and organics collection services 1. Create a metric to measure quality of by the entire community is key to creating a culture of participation in garbage, recycling and organics little waste. Currently, some residences, businesses collection services. and institutions either do not correctly participate or 2. Quantify current quality of participation for all do not participate at all. For example, they may enroll Recycling collection bins in public customer classes. in recycling services, but routinely place most of their places increase diversion recyclable materials into the garbage. 3. Identify barriers to participation (e.g., language, infrastructure) in low participation areas and/or sectors (e.g., multifamily, schools). 4. Develop and implement strategies to address barriers and increase the quality of participation, considering innovative approaches, such as partnerships, certifications and incentives. 5. Quantify and document changes in the quality of participation; adjust strategies if necessary.

The Result A girl recycles an aluminum can properly These actions will help us identify barriers to quality participation and most importantly, strategies to address these barriers. Working with communities, we can increase the quality of participation across all customer types. As a whole, we will waste less because more people, businesses and agencies will be active participants in the materials management system.

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We are a community of invested, active participants working CULTURE together to reduce waste.

OBJECTIVE C-6 Education and Public Outreach | Our community demonstrates an increased working knowledge of how individual behaviors and choices affect the system and the world around us (2018–2020).

The Challenge Every day we make choices affecting the materials Actions management system and the world around us. Some 1. Quantify the current working knowledge of of these choices may be seemingly simple, like where materials management system’s components to discard a plastic bottle. Other choices are more and values for all customer types. complex, like whether to purchase organic produce or 2. Research and identify best practices for to buy clothes made overseas. These decisions may educating about system components and ask people to consider concepts, such as the economic, values. social and environmental impacts of materials and goods. The complexity and size of the global market 3. Develop and implement an education and Outreach informs the public about proper makes it challenging for people to understand how their outreach strategy to build an awareness and waste sorting behaviors affect the materials management system and appreciation of the materials management the world around us. A working knowledge of where system components, values, cost and our waste goes, what it means to divert waste and benefits within the context of local and global the impacts of our consumer choices is key to making ecosystems. informed decisions about the things we buy (or don’t 4. Measure the change in customer knowledge buy) and what to do with these items after we’ve used of materials management system components them. Without this knowledge, people cannot be fully and values for all customer types. invested, active participants working to reduce waste.

The Result The education and outreach highlighted in the actions above will result in people working together to increase awareness, understanding and stewardship (action). When people understand the impact of their actions on the materials management system and see the personal connection to their life, they will become more Students learn about natural invested in the system and better stewards of the materials they use. resource conservation

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DECISIONS Decisions are practical, understandable and transparent, providing opportunities for innovation while balancing economic, environmental and societal impacts.

RECYCLING DISPOSAL COMPOST

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Decisions are practical, understandable and transparent, DECISIONS providing opportunities for innovation while balancing economic, environmental and societal impacts.

OBJECTIVE D-1 Administration | Pierce County and the City of Tacoma develop and implement formal partnership strategies designed to strengthen connections with agencies, for-profit companies and not-for-profit organizations that share in the goals and vision established in this plan (e.g., partnering with the Pierce Conservation District) (2016–2017).

The Challenge We have a history of partnering with agencies, for- Actions profit companies and not-for-profit organizations, 1. Draft criteria to be used to evaluate how an however, we lack formal strategies providing criteria to outside agency, company, or not-for-profit guide our partnership decisions. Without partnership organization can demonstrate it shares in the strategies, we may overlook important partnerships goals and vision established in the Plan. The Solid Waste Advisory that could advance the work of the Solid Waste Committee guides Pierce County’s Management Plan. We also run the risk of partnering 2. Review draft criteria with the Solid Waste solid waste decisions with entities that do not share the same vision for the Advisory Committee and edit as appropriate. materials management system. 3. Identify existing partnerships, evaluate according to revised criteria and edit as appropriate.

4. Finalize and publish criteria to evaluate future partnership opportunities.

The Result Partnerships are key in advancing the goals of the Plan. With formal partnership strategies, we will have the structure in place to ensure we are partnering with the right agencies, companies and organizations and allocating our resources for productive collaborations.

Partners help accomplish our goals and vision

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Decisions are practical, understandable and transparent, DECISIONS providing opportunities for innovation while balancing economic, environmental and societal impacts.

OBJECTIVE D-2 Waste Diversion | Pierce County and the City of Tacoma develop, document and implement strategies for deciding what materials are diverted and how they move through the materials management system (2017–2018).

The Challenge Actions Currently, we do not have formal, documented 1. Research and document current waste strategies for deciding what materials are diversion practices. targeted for waste diversion. Without clear strategies, we are at risk of making materials 2. Identify stakeholders and interested residents diversion decisions that have not been fully and develop engagement strategies. researched and do not consider all impacts. 3. Review current practices, understand Glass containers are collected separately for recycling challenges (including challenges processing materials currently on the list of “designated recyclables”) and identify waste diversion opportunities, incorporating information gained from work on Objective M-1. 4. Develop and adopt materials selection/ removal strategies (e.g., feasibility analysis, decision-making thresholds, coordination with service providers and outreach best practices).

The Result These strategies will outline a process for selecting specific materials that should be added to or potentially removed from the diversion stream. Formal strategies will lead to better, consistent and sustainable decision- making. Strategies will not include how diversion will be measured (see M-2). Cardboard is sorted at a materials recovery facility

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Decisions are practical, understandable and transparent, DECISIONS providing opportunities for innovation while balancing economic, environmental and societal impacts.

OBJECTIVE D-3 Waste Reduction | Pierce County and the City of Tacoma develop, document and implement strategies for deciding what materials are targeted for waste reduction (2017–2018).

The Challenge Currently, we do not have formal, documented Actions Strategies are created with input from customers and stakeholders strategies for determining what materials are 1. Research and document current waste targeted for waste reduction. Without clear reduction practices. strategies, we are at risk of making decisions that 2. Identify stakeholders and interested residents have not been thoroughly vetted for their potential and develop engagement strategies. benefits and impacts. 3. Review current practices, understand challenges and identify waste reduction opportunities. 4. Develop and adopt strategies to target items for waste reduction campaigns (e.g., feasibility analysis, decision-making thresholds, coordination with service providers and outreach best practices).

The Result These strategies will outline a process for selecting specific materials that should be reduced or potentially Styrofoam is collected separately at a eliminated from the waste stream, ensuring thoughtful, practical and innovative waste reduction decisions transfer facility in Tacoma before the next steps occur.

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Decisions are practical, understandable and transparent, DECISIONS providing opportunities for innovation while balancing economic, environmental and societal impacts.

OBJECTIVE D-4 Administration | Pierce County Public Works evaluates whether there are barriers to designing and locating the materials management infrastructure required to implement the Solid Waste Management Plan (2017–2020).

The Challenge We do not have a thorough understanding of the Actions barriers to permitting, construction and use of facilities 1. Complete a review of relevant community that may be required to implement the Plan. To meet and comprehensive land use plans to identify A compost facility in Purdy receives the requirements of the Plan, Pierce County may need regulations/policies which provide barriers organic waste to expand existing or site new facilities (e.g., anaerobic to the locating of materials management digesters). An evaluation of these barriers will help us facilities. to identify and prioritize potential solutions. 2. Document where various types of materials management facilities are permitted, restricted and/or prohibited. 3. Identify whether current regulatory systems preclude the designing and permitting of particular types of materials management facilities (e.g., anaerobic digesters). 4. Decide if the barriers to locating future facilities need to be addressed. If so, develop and implement a prioritized work plan.

An anaerobic digester at the Chambers The Result Creek Regional Wastewater Treatment This analysis will help ensure that we have adequate facilities and capacities to accommodate current and Plant is used for breaking down organic future customers while meeting the requirements of the Plan. This evaluation will identify barriers that would material prevent us from permitting, constructing and/or using needed facilities. No zoning changes would occur as part of this objective, but necessary zoning changes may be identified.

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MEASUREMENT Actions, programs and services are measured and evaluated for effectiveness and efficiency.

WASTE REDUCTION COLLECTION TRANSFER STATION RECYCLING SORTING FACILITY

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Actions, programs and services are measured and evaluated for MEASUREMENT effectiveness and efficiency. Sustainability Considers all factors that OBJECTIVE M-1 might affect maintainability, such as economics, efficiency, Administration | Significant materials management practices are evaluated for sustainability (2016–2019). equitability, effectiveness and environment.

The Challenge Pierce County has not evaluated all materials Actions management practices to ensure that they are 1. Create a prioritized list of the materials sustainable. Some practices have been in place for a management practices to be evaluated. long time and need to be reviewed to ensure they suit 2. Develop and use a screening tool (i.e., a the current condition of the county. Without a formal set of criteria) to assess and quantify the evaluation, we may be missing opportunities to be sustainability of our practices. more efficient and sustainable. 3. Develop recommendations based on the evaluations. 4. Incorporate recommendations into future decisions.

Staff evaluate current practices The Result With formal sustainability criteria, we will be able to assess and improve all significant materials management practices. This will lead to developing new practices and enhancing current practices that improve the overall efficiency of our materials management system.

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Actions, programs and services are measured and evaluated for MEASUREMENT effectiveness and efficiency.

OBJECTIVE M-2 Waste Diversion | Pierce County and the City of Tacoma have established waste diversion targets based on recycling stream and other relevant data (2017–2019).

The Challenge We do not have established targets for waste Actions diversion. Without targets, we cannot assess our 1. Analyze recycling stream data to develop progress towards reducing contamination and current baselines. increasing materials diverted from the waste stream. 2. Use the waste diversion strategy (see D-2) to determine what materials are diverted Paper falls off the sorting line at a and how they move through the materials materials recovery facility management system. 3. Establish diversion targets. 4. Evaluate recycling stream data annually.

The Result Established targets will allow us to track our progress towards improving waste diversion rates and reducing contamination. With increased diversion from the waste stream, we will increase the materials management system’s overall sustainability. D-2 outlines a strategy for deciding what materials will be targeted for diversion. The targets described in this objective are the numerical amounts of each material we aim to divert. Diverted materials are bailed and shipped to recycling facilities

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Actions, programs and services are measured and evaluated for MEASUREMENT effectiveness and efficiency.

OBJECTIVE M-3 Waste Reduction | Pierce County and the City of Tacoma have established waste reduction targets based on waste trends analysis and other relevant data (2017–2019).

The Challenge Currently, we do not have annual and long-term Actions materials reduction targets. Without targets, we 1. Identify existing baselines using waste trends cannot measure progress towards our waste analysis data. reduction goals. These targets need to be 2. Use the waste reduction strategy (see D-3) to determined strategically, based on waste trends determine which materials will be targeted for analysis and other relevant data. reduction.

3. Establish reduction targets. Recyclables are sorted at a materials recovery facility 4. Perform a waste trends analysis periodically to evaluate progress towards the reduction targets.

The Result Clearly defined targets are required for us to be able to measure what we manage. Materials reduction targets will help us measure the success of our waste reduction programs and quantify our progress towards reducing waste. D-3 outlines a strategy for deciding what materials will be targeted for reduction. The targets described in this objective will provide quantities for each material we aim to reduce. Staff conduct a waste trends analysis to identify commonly disposed items

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IMPLEMENTATION We aim to accomplish all of the objectives outlined in this supplement by the end of 2020. Work on some objectives will begin immediately, while work on others will start over the next few years. Below is the planned timing of this work. These dates are approximate and may shift.

SYSTEM 2016 2017 2018 2019 2020 S-1 S-2 S-3 S-4

CULTURE C-1 C-2 C-3 C-4 C-5 C-6

DECISIONS D-1 D-2 D-3 D-4

MEASUREMENT M-1 M-2 M-3

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AGENCIES AND ORGANIZATIONS Military Joint Base Lewis McChord (JBLM) has its own solid waste system and THREE MANAGEMENT SYSTEMS solid waste management plan. This is referred to as the JBLM system. The 2000 Plan was adopted by Pierce County, the City of Tacoma and all cities and towns. After adopting the Plan, cities and towns then Tacoma-Pierce County Health Department (TPCHD) entered into interlocal agreements with the County for planning and This agency, which is separate from County government, administers the management services with Ruston arranging disposal services through solid waste permit process to ensure all solid waste handling activities Tacoma. comply with state and local codes and ordinances. It is referred to as the Health Department. Both the Pierce County Council and the Tacoma City Council will adopt this supplement. The cities and towns will concur with the changes Pierce County Solid Waste Advisory Committee (SWAC) This is the through a resolution or letter of concurrence. citizen committee charged with advising the Pierce County Executive and Pierce County Council on waste policies and programs. It is referred The County and Tacoma coordinate activities with the military system, to as the SWAC. which has a separate plan. Washington Department of Ecology City of Tacoma This state agency is responsible for final approval of the Plan and this The City’s Solid Waste Utility provides solid waste management services supplement, state waste regulations and the state solid and hazardous under the direction of the Tacoma City Council for all residents and waste management plan. It is sometimes referred to as Ecology. Moving businesses within city limits. The Town of Ruston has its own collection Washington Beyond Waste and Toxics is Washington’s 2015 Solid Waste system but has an agreement with Tacoma for disposal through the Management Plan revision with long-term strategies to systematically Tacoma management system. In this document it is referred to as the reduce waste and use of toxic substances. Tacoma system.

Pierce County The Pierce County Public Works Department, Sustainable Resources Division, is the Pierce County government agency charged with solid waste and recycling planning for the Pierce County management system. This system serves the unincorporated areas of the county and cities and towns which have interlocal agreements to participate in the County’s disposal system. This is referred to as the County system. (Note: while having territory and population within Pierce County, the cities of Auburn and Pacific are wholly in the King County solid waste system. The City of Enumclaw also has territory, but no population in Pierce County, and is also in the King County system. Conversely, the King County portion of Milton is in the Pierce County system.)

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WASTE REDUCTION There are many ways to reduce waste. One of the simplest solutions is to avoid disposable items by using durable products, such as reusable Waste reduction is defined as actions taken before travel mugs and cloth shopping bags. Another technique is to purchase waste is generated to either reduce or completely products that have less packaging. For instance, avoid individually prevent the generation of waste. Some further divide wrapped or single serve items. Unsubscribing from printed catalogues this term into categories, such as waste prevention, and mail advertisements is another effective waste reduction strategy. avoidance and minimization. In this document, the Learn more tips for reducing waste on the Pierce County website. term reduction includes all these other categories. Manufacturers can minimize waste through product design, using From a waste management perspective, waste less packaging and making products more durable and/or designed reduction is one of the most effective ways to for recycling. Designing products in a way that minimizes long term address waste issues. If everyone works together environmental impacts of the product is becoming increasingly prevalent. to reduce the amount of waste generated, we can These principles are often termed Product Stewardship or Extended decrease our need for costly disposal and recycling Producer Responsibility. Learn more about this in the Emerging Issues facilities, collection programs and special programs and Future Considerations section of the document. to divert toxic or hard-to-handle materials. EXISTING PROGRAMS • Product Stewardship • Community/commercial programs • Education and outreach programs • Internal sustainability plans • Gleaning Project

EXISTING SHARING PROGRAMS • Libraries • Equipment rental businesses • Buy Nothing Facebook groups

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WASTE DIVERSION RECYCLING The City of Tacoma and Pierce County identify materials that are good Waste diversion keeps materials out of the landfill candidates for recycling. Not every material that can be recycled is through reuse, recycling and composting organics, recycled. There may not be viable markets for the material, collection but still requires energy and resources. Waste may be too complicated, expensive or the value of the material may diversion is a better option than landfill, but reducing not justify its collection and processing costs. The decision to recycle a waste at its source is even better. material must consider economic, environmental and societal impacts.

REUSE Both the City of Tacoma and the private haulers providing service to The reuse of products is an important waste the rest of the county have a commingled recycling system. Recyclable diversion strategy. Reusing products can be divided materials can be placed in one container (commingled) at a residence, into five categories: business or other commercial establishment, such as a school or hospital. The recyclables are transported to a materials recovery • Conventional reuse—Reusing goods through facility (MRF) where a combination of hand and mechanical sorting thrift stores such as the Salvation Army and separates the different materials. They are then baled and transported to Goodwill manufacturing plants. • Creative reuse—Reusing materials for arts The County experienced a tremendous increase in the amount of and craft material to be recycled when the City of Tacoma and Pierce County • Construction and demolition reuse— transitioned to a commingled recycling system. Customers recycled Materials can be reused in a variety of ways, more material as a result of the convenience (i.e., being able to throw such as for furniture or architectural creativity the recyclables into one container rather than having to separate the • Adaptive reuse—Reusing existing buildings different materials into different recycling containers). for other purposes This convenience came with a slight cost. In the commingled recycling • Refurbish and repair—Fixing older furniture, system, certain recyclable materials, such as plastic bags and glass appliances and other electronic equipment so containers, caused problems at the MRF. The City of Tacoma now they can continue to be used requests customers to bundle plastic bags before placing them in the The City of Tacoma and Pierce County do not commingled recycling container, and collects glass bottles and jars directly provide reuse services. This creates in a separate container. In the rest of Pierce County, plastic bags and opportunities for our businesses and residents to glass containers are not included in the commingled recycling system. connect with those who do provide such services. Drop-off sites, where other materials including glass containers can be recycled, have been established around the county.

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DESIGNATED RECYCLABLES dirt, broken glass and other small things to be • Plastic containers taken away to the landfill as garbage. Even Minimum level of service ordinances when shredded paper is placed in a paper • Paper and cardboard Pierce County has established minimum bag with the top rolled or stapled down (the • Aluminum and tin cans levels of service for residential curbside recommended way for commingled recycling), recycling and yard waste collection. • Glass* there is a good chance the bag will rip during These levels of service must be provided collection and processing and the shredded • Construction/demolition debris* by solid waste collection companies paper will not remain together. *not part of the commingled system operating in unincorporated portions In 2016, Pierce County released a Request of the county. To learn more about the EXISTING PROGRAMS for Proposal from qualified vendors to provide minimum levels of service, view the • Single-cart recycling program community shredding events. If shredding ordinances. • School recycling programs events prove to be viable for capturing paper fiber, cost effective to the County, and are • Event recycling embraced by the community, the County may • Multifamily recycling program consider removing shredded paper from the • Commercial recycling program list of “designated” recyclables collected in the commingled program. • Recycling drop-off sites Glass CHALLENGING MATERIALS Glass containers are a well-known MRFs are responsible for rapidly and contaminant in any commingled recycling accurately sorting high volumes of recyclable system because they break during collection material. Most MRFs begin with machinery and processing. The shards of broken glass that separates two-dimensional objects (flat get mixed in with other recyclables, especially things like paper and cardboard) from three- paper. Abrasive, glass-contaminated paper dimensional objects (containers), then various causes equipment at pulp mills to wear out other technologies and pieces of equipment faster, adding to the cost of mill operations. distinguish and separate the many different Pulp mills on the West Coast, already kinds of containers. Some materials are struggling to stay in business, are unwilling to problematic for current mechanical and hand purchase paper bales from MRFs that process sorting processes. materials from jurisdictions that accept glass containers in their commingled recycling Shredded Paper The sorting equipment is filled with plastic bags. program. Today’s cross-cut shredders make most Twice a day employees have to shut down the entire system so they can crawl onto the screen and use shredded paper too small to be accurately The City of Tacoma and Pierce County do knives to cut away the plastic (Waste Connections) sorted at the MRF. Shredded paper usually not allow glass containers in the commingled ends up on the sorting facility floor along with recycling carts, but the MRFs processing these

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recyclables also receive materials from other jurisdictions that include calcium carbonate. Caps with a high amount of calcium carbonate sink, glass in their programs. Mixed paper bales from the City and County rather than float, leading to misidentification and creating another yield programs are therefore exported to Asian markets. Glass is infinitely loss problem. recyclable but just like any other commodity there needs to be market The plastics industry reported at the 2016 Washington State Recycling demand for it. There are limited glass-to-glass recycling markets so Association conference that it has adopted standards limiting calcium much of the glass collected is targeted for beneficial reuse as concrete carbonate content so as to prevent misidentification. Pierce County aggregate. will monitor this situation and if end users become more receptive to Plastic Bags and Other Plastic Film receiving bottles with caps, the County will consider modifications to the Plastic bags and other plastic films are some of the most problematic designated recyclables list. materials to go through the sorting process because they can wrap Thin Plastic Containers and Trays around the mechanical equipment, reducing its effectiveness to sort Like large plastic lids that can get improperly sorted as paper, thin different materials. They can bind so tightly they cut into the metal plastic clam-shell containers (e.g., salad, strawberry, muffin containers) equipment and cause damage. To help address the problematic nature can also cause problems. Often these containers will get crushed of plastic bags, the City of Tacoma recommends customers put their during collection and will be improperly sorted with the paper. Fruit plastic bags into one bag, making them bulky clumps that can be more and vegetable trays which are already flat, are also frequently sorted easily removed at the beginning of the sort line. incorrectly. Plastic Lids and Caps Bulky Plastics Due to their size, plastic caps and small lids usually wind up on the floor Bulky plastics, typically made with polypropylene (PP), include items of the MRFs with the shredded paper, broken glass and other small such as rigid children’s wading pools, lawn furniture, crates, storage objects that are taken to the landfill. The large lids (e.g., large yogurt tub containers and laundry baskets. With improvements in technology, PP lids) often get mistakenly sorted into the bales of mixed paper because has become a valuable plastic to recycle. Unfortunately, these items are they are two-dimensional. They become contaminants and a yield loss too large to fit into most recycling containers and they often end up in (i.e., the percentage of a bale that is not the correct material) to any pulp landfills. mill receiving these bales. For these reasons, Pierce County has not included caps and lids on the list of designated recyclables. Carton Packaging Carton (paper) packaging fits into two categories, gable-topped As a solution to both the yield loss problem and the abundance of containers (i.e., quart and half-gallon milk/juice containers) and aseptic plastic resin being swept off the floor and into the garbage bin, some containers (i.e., rectangular-shaped packaging allowing items such as recycling programs in the U.S. started recommending the caps be left juices, milk, broths and soups to be shelf-stable and non-refrigerated). on plastic bottles. While there have been some concerns the air inside a These containers are problematic because there are multiple materials capped bottle can become pressurized when baled, causing the bottle in the packaging. A plastic polyethylene (PE) coating surrounds the to explode and create a safety hazard, bale management and on-floor paper gable-topped cartons, and a third material, an aluminum liner, is safety protocols can address that rare occurrence. included in aseptic packaging. Only a handful of manufacturing facilities Of greater concern has been the sink/float system used at around the U.S. can separate and reuse the plastic, paper and aluminum manufacturing plants to distinguish different types of plastic. This system portions of these packages. can be “confused” by the presence of bottle caps containing the additive 35 | Our Systems and Programs 2016 Supplement to the Tacoma-Pierce County Solid Waste Management Plan Exhibit A to Ordinance No. 2016-83 092 Page 39 of 93 Exhibit A to Ordinance No. 2016-83

ORGANICS MANAGEMENT Historic waste characterization studies have shown that organic materials (those suitable for composting or anaerobic digestion) can make up more than 50 percent of what is disposed in a landfill. This portion of the waste stream is diverse, ranging from things that were very recently grown such as yard waste, food waste and land-clearing debris to products many steps removed from the field and forest such as paper, textiles and wood building materials. Diverting organics through composting has the potential to maximize recovery of materials from the municipal waste stream. Compost has many beneficial uses, such as amending soil structure and providing some essential nutrients, holding moisture and mitigating or offsetting environmental harm caused by petroleum contaminants in stormwater or carbon dioxide released by vehicle exhaust. There is also potential for diverting and using more organic materials to produce alternative fuels or energy. An important challenge is matching the right part of the organics stream to the right technology. Studies, such as Pierce County’s Food Waste Best Management Practices Study, explored the difference between organics compatible with existing composting technologies and those which were incompatible or which could be handled only with greater cost and/or community impact. Allowing other types of organics into existing City of Tacoma and Pierce County composting programs has the potential to degrade the quality of finished compost now being produced. Other organics such as food-stained or wet paper, and perhaps some types of wood waste, are more suitable for recovery of energy and nutrients through anaerobic digestion technologies, although these have not been used in Pierce County except in pilot projects. Existing Programs • Pierce County Yard Waste Collection • City of Tacoma Food and Yard Waste Collection

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PUBLIC OUTREACH consider outreach methods beyond the traditional booth at a community event, Both Pierce County and the City of such as mobile or pop-up exhibits at Tacoma support outreach programs farmers markets, libraries and sporting to inform and engage with residents events. around waste reduction programs and materials management services. Other CORE OUTREACH METHODS agencies treat education and outreach Newsletter as synonyms. In Pierce County, however, The Earth Matters newsletter is public outreach and environmental published twice a year, in April and education are two distinct programs. November. It is sent to all residential addresses (single family and multifamily) Public outreach provides an introduction in Pierce County, except for Tacoma, to the topics surrounding the materials Ruston, Auburn and JBLM. The management system. Outreach is the newsletter allows us to tell our story first step towards building awareness to the majority of our residents. Each and a community of active and invested Pierce County displays informational edition is sent to 240,000 households. participants. Awareness is the foundation material at the Puyallup farmers market A 2014 outreach survey showed that for the critical thinking skills developed in 97 percent of respondents open the environmental education. newsletter and look at it when they receive it. We use the newsletter to PUBLIC OUTREACH IN PIERCE COUNTY promote our programs and to regularly Pierce County has a history of strong reinforce our messages, like the and effective public outreach dating recycling reminders list. back to the first curbside recycling program established in 1990 (Green Website House, single-cart and food waste best Our goal for the website is for visitors management practices). Messages about to be able to find the information they recycling across the country have been are looking for quickly and without simplified to encourage participation— frustration. Analytical data tells us the but people aren’t connected to the majority of visitors to our website find our realities of recycling and resource information by using search engines and management. We recognize that one permalinks. size of message doesn’t fit all, so we work to tailor our messages so they’re appropriate for each audience. We also Recycling reminder sheets are available on the Pierce County website

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Fairs and Events No other outreach method can compete with the value of face-to-face discussions with our residents. We attend numerous community events, fairs and farmers markets each year. We also look for innovative ways to interact with our residents.

Public Meetings and Virtual Workshops We want to engage our residents in the programs we develop and the process of government. Public meetings are a great way to bring people together and to hear from our residents about what is important to them. Virtual workshops that gather feedback through online surveys can engage residents who aren’t interested in participating in- person or can’t attend traditional public meetings.

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ENVIRONMENTAL EDUCATION play and learn together. We believe that nurturing curiosity, developing skills to answer questions, a strong sense of self, and the ability to lead Pierce County and the City of Tacoma provide are critical to creating a vibrant, healthy and engaged community. We environmental education (EE) programs that want to create lifelong, practical learning skills. We also believe the increase public awareness and knowledge about best techniques to make this happen are through integrated, hands-on environmental issues, and provide participants the activities and inquiry-based education. skills necessary to make informed environmental decisions and take responsible actions. EE is based Environmental Education Continuum on objective and scientifically-sound information and does not advocate a particular viewpoint or a Awareness Critical Decision Stewardship Problem particular course of action. EE programs promote Thinking Making Knowledge Solving Action lifelong learning and reach all age groups, from very young children through senior citizens. EE includes Public Outreach both outdoor and in-classroom education, in both formal and informal settings. EXISTING PROGRAMS Environmental Education teaches individuals how K-12 Academic Program to weigh various sides of an issue through critical Pierce County’s four environmental educators offer free programs in all thinking, problem solving and decision-making skills of the school districts in Pierce County (except in the City of Tacoma). on environmental topics. EE is a continuum covering The environmental education program consists of a set of lessons and a the range of steps and activities, from awareness community action project. Programs are customized for teachers based to action, with an ultimate goal of environmental on what their students are learning. stewardship. Stewardship refers to an acceptance Lessons fall under three main themes, each with several objectives and of personal responsibility for actions to improve activities for each grade. Some examples are: environmental quality and to achieve sustainable outcomes. Stewardship involves lifestyles, business • Resource conservation and recycling practices, initiatives and actions that enhance the • Composting and gardening state of the environment. EE is a critical component • Water conservation and consumption of an effective materials management system. We will be successful in achieving our objectives, goals Community Action Projects and vision only when our customers both understand Also known as Service Learning Projects, community action projects the system and are engaged, active participants. are an essential component to our programs because they support deeper learning through opportunities to apply classroom knowledge Pierce County and the City of Tacoma’s teams to practical and real community settings. Service learning projects also of environmental educators work to cultivate provide opportunities to develop civic engagement skills by working with relationships between communities and the community members. environment. They provide the knowledge, tools and connections necessary for people to work,

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Community Programs These programs are free and available to members of the community who are ready to be involved in actions to better the environment. Educational programs and project assistance are available to all Pierce County volunteer groups, teams, clubs or societies with an interest in initiating environmental progress in their community. We offer a variety of classes designed to provide the tools and knowledge needed for creating and living a more environmentally sustainable lifestyle. Classes are offered on a regular basis throughout the county or can be requested. Any of the classes may be customized to fit the Students take action to help their school needs of a group. reduce waste Workshop themes are: • Composting • Green cleaning • Recycling and waste reduction • Toxics reduction • Water conservation • Water protection • Earth-friendly art

Sustainability workshop participants make non-toxic cleaners

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SOLID WASTE COLLECTION The City of Tacoma and Pierce County work to provide solid waste collection services for all customers. The City of Tacoma has the exclusive right to collect garbage from residents within the Overview Waste Reduction Waste Diversion Solid Waste Collection City’s corporate limits. In the residential sector, garbage service is mandatory. Solid waste collection service in the rest of the county is performed by private hauling companies. These companies have exclusive rights in their service areas to collect residential and commercial garbage and residential recycling through contracts with local

Transfer and Disposal Special Waste Administration Education & Outreach cities and towns, and through permits issued by the Washington Utilities and Transportation Commission (WUTC). Commercial recycling is a free market system, meaning all permitted companies LeMay Enterprise hauler collects curbside recycling and garbage can compete to provide recycling service to any business. Service Address Permit Accounts Provider Id Served Since 1943, the Washington Legislature has granted American PO Box 399 G-87 17,579 cities and towns the authority to require all residents Disposal Puyallup, WA 98371 and businesses to participate in a city-mandated waste collection and disposal system. In 1989, DM Disposal/ PO Box 399 N/A 23,520 the Legislature expanded this authority to include Recycling Puyallup, WA 98371 the collection of recyclables. Cities and towns LeMay 4111 192nd St E G-98 72,979 implement this authority through their municipal Enterprises Tacoma, WA 98446 or contracted collection programs. For those cities Murrey’s PO Box 399 G-9 33,783 which neither provide collection itself or through Disposal Puyallup, WA 98371 contract, the Washington Utilities and Transportation Commission would be responsible for ensuring that University 2815 Rochester St. W N/A 13,646 the state certificated hauler serving the city follows Place Refuse University Pl., WA 98466 the mandatory service and subscription ordinance. City of Tacoma 747 Market Street N/A 58,500 For more information, see RCW 35.21.130 and RCW Tacoma, WA 98402 35A.21.060. Town of Ruston 5117 N Winnifred St N/A 364 Ruston, WA 98407

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Counties do not have this direct authority. In order to mandate subscription to a collection service, counties must first form a “solid waste collection district” upon a finding that “mandatory solid waste collection is in the public interest and necessary for the preservation of public health.” (emphasis added, see RCW 36.58A.030). In addition, the WUTC is empowered to review the request and has 60 days to determine whether or not the incumbent state certificated hauler is able and willing to provide the service. Of note, through separate authority mentioned in RCW 36.58, counties are allowed to set minimum levels of service for recyclables collection. A quick comparison of subscription statistics provided by the hauling companies and housing statistics available from the state show that between 15 and 20 percent of single-family and mobile-home households eligible to be on garbage service elect not to participate. From the standpoints of equity and efficiency, the County would like to consider—and solicit public input—on common subscription and service Recycling collection bins are available at the transfer station levels for unincorporated Pierce County. Granting counties authority similar to that found in RCW 35.21.130 would be one path to giving the Pierce County Council a level of decision-making in unincorporated areas comparable to what a city or town council has in incorporated areas. The County will need to carefully consider the impacts, costs and benefits of a mandatory subscription program. Analysis will be necessary to determine whether a universal mandate is appropriate (i.e., all properties must subscribe to a minimum service level) or whether mandates limited to specific geographic areas (e.g., urban) or classes of service (e.g., residential) are best. Other questions that would need to be explored include: could customers be exempted because of road/driveway access issues? Would mandatory service impact illegal dumping? Would it be appropriate to explore the addition of subsidized “lifeline” fees for low income customers? Local regulations could also address acceptable methods for storing waste materials prior to collection.

42 | Our Systems and Programs 2016 Supplement to the Tacoma-Pierce County Solid Waste Management Plan Exhibit A to Ordinance No. 2016-83 099 Page 46 of 93 Overview Waste Reduction Waste Diversion Solid Waste Collection

Exhibit A to Ordinance No. 2016-83

TRANSFER AND DISPOSAL Transfer stations are facilities where solid waste is unloaded from collection vehicles or private vehicles and reloaded into larger vehicles for shipment to a landfill or other processing facility. By combining Transfer and Disposal the loadsSpecial of several Waste individual wasteAdministration collection Education & Outreach trucks or private self-haulers into a single shipment, companies and jurisdictions managing solid waste save money on the labor and operating costs of transporting waste to a distant disposal site. This can reduce the total number of vehicular trips traveling to and from the disposal site and reduce the associated environmental footprint. From the transfer stations, materials are taken to a municipal solid waste landfill, material recycling facility or compost facility. Please refer to the 2000 the needs at this time. Growth in outlying areas served by smaller facilities Tacoma-Pierce County Solid Waste Management may increase the need for capacity in very specific areas; however, that will Plan and its 2008 Supplement for detailed histories not be needed in the foreseeable future. of the Pierce County and Tacoma solid waste Whether received at transfer stations by self-haulers or hauling company systems. vehicles, all MSW requiring final disposal is currently transported to the LRI Landfill. Tacoma and Pierce County separately contract with LRI for EXISTING PROGRAMS this service. Consistent with permit restrictions, direct self-haul to the In Tacoma and Pierce County, transfer stations are the LRI Landfill is available only for commercial customers delivering large primary facilities open and available to the public. One quantities of waste. In the event the LRI Landfill is not available, Tacoma transfer station is owned and operated by the City of and Pierce County have contractual provisions with LRI to access other Tacoma, one is owned and operated by Pierce County landfills –including the Finley Buttes Landfill in eastern Oregon owned by Recycling Composting and Disposal LLC d/b/a LRI Waste Connections, LRI’s corporate parent. (LRI), and four stations are owned by Pierce County and operated by LRI. Under long-term direction of the Private haulers in Pierce County also operate transfer stations to Tacoma-Pierce County Solid Waste Management Plan, consolidate loads and increase the efficiency of the haulers’ collection recycling and yard waste drop-off services are provided programs. Those facilities are not open to the public. There are also other at all solid waste transfer stations for those who self- facilities designed to accept and transfer specific waste streams such as haul their materials. yard waste. Based on available transfer capacity and decreasing volumes of MSW, capacity for MSW transfer exceeds

43 | Our Systems and Programs 2016 Supplement to the Tacoma-Pierce County Solid Waste Management Plan Exhibit A to Ordinance No. 2016-83 100 Page 47 of 93 Overview Waste Reduction Waste Diversion Solid Waste Collection

Exhibit A to Ordinance No. 2016-83

SPECIAL WASTES material is acceptable for disposal at facilities permitted in Pierce County. This process is part of the Waste Disposal Authorization (WDA) Special wastes are non-liquid wastes with special program. The WDA program is codified in TPCHD regulations and in the collection, handling and disposal requirements not operating permits of the solid waste facilities in Pierce County. generally part of the mixed municipal solid waste stream. Typically, special wastes is a catch-all TPCHD works on WDAs throughout the year. The majority of those Transfer and Disposal Special Waste categoryAdministration often used to describeEducation historically & Outreach hard- authorizations are for special wastes disposed at the LRI Landfill. In to-handle materials. Materials can sometimes be 2014, the TPCHD issued 86 new WDAs and renewed 30. The TPCHD considered both a special waste and solid waste, amended 25 WDAs in 2014. The yearly WDA activity for the TPCHD was meaning they are handled at the same permitted similar for 2013 and 2014. The number of new WDAs issued in 2013 and disposal facilities. 2014 respectively were higher than in the previous four years.

Some typical wastes that have been considered DISPOSAL AND PROCESSING FACILITIES special wastes include contaminated soils, street The majority of the wastes allowed by the WDA program in Pierce sweeping residue, waste from cleaning manholes County go to the LRI Landfill. In 2014, 261,718 tons of special wastes and storm drains, sludges, boiler or incinerator were disposed at the LRI Landfill under the authority of the WDA ash and many industrial wastes. Many of these program. Approximately 73 percent of the special wastes disposed at the special wastes require a characterization process LRI Landfill under the WDA program were contaminated soils. The next to determine if they are suitable to dispose as a largest component was mill waste from a local Kraft mill. solid waste. The primary focus of the additional characterization is to ensure the material is not a regulated hazardous or dangerous waste. Once the material is deemed acceptable to handle in the solid waste system, it is often necessary to employ special handling methods because the materials are difficult to handle.

EXISTING PROGRAMS In Pierce County, special wastes are regulated by both the Department of Ecology and the Tacoma- Pierce County Health Department (TPCHD). The Department of Ecology is responsible for enforcing hazardous waste regulations in Washington. In most cases, generators or transporters of special wastes will work with TPCHD. TPCHD has regulatory and review processes to ensure a proper characterization of the materials has been performed, and the

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ADMINISTRATION As described in much more detail in the 2000 Plan, Pierce County privatized its waste disposal system in 1977 when four local waste haulers purchased the Hidden Valley Landfill the County had been operating (but never owned) for at least a decade. At the same time, the County contracted with the consortium of haulers to operate county-owned transfer sites.

With the private sector running facilities, the Tacoma- Pierce County Health Department managing environmental controls, and the County having no state-authorized role in waste collection, it wasn’t until the late 1980s that Pierce County formed an agency to manage waste.

EXISTING PROGRAMS • Waste Trends Analysis The Solid Waste Advisory Committee helps Pierce County administer its programs • Public Works Department Strategic Plan • Customer Service, Asset Management and System Sustainability Program • Environmental Management System • Six-year financial planning

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CODE ENFORCEMENT property owners to remove abandoned vehicles from private property and litter credits to offer financial assistance to property owners who Differing from most counties in Washington, Pierce have been the victim of illegal dumping or poor waste handling practices. County hosts a code enforcement program within its solid waste management agency. The Code Public Works also plays a role in funding code enforcement staff at the Enforcement section of Public Works receives Tacoma-Pierce County Health Department and coordinating and funding and investigates complaints, provides technical nuisance abatement as authorized by the Superior Court. assistance to property owners and organizes As part of the 2017 budget development process, and following community-based solutions for code enforcement in interagency discussions, Public Works is proposing to bring enforcement unincorporated Pierce County. of solid waste nuisances (including illegal dumping and improper The Code Enforcement Section is charged with storage) in-house, rather than funding the program in the Health enforcing Development Regulations (including Department. This change, if approved, will streamline enforcement zoning, setbacks, and occupied RVs), Shorelines services in Public Works and allow the Health Department to focus Regulations, the Sign Code and the Public Nuisance its enforcement resources on on-site septic violations. The Health (Junk) Vehicle Code in unincorporated Pierce Department will remain responsible for issuing and enforcing solid waste County. handling permits.

A central complaint intake program, Pierce County EXISTING PROGRAMS Responds, receives and forwards complaints to the • Litter Credit Planning and Land Services Department concerning: • The Community Assistance and Public Education (CAPE) program the Building Code (including Property Maintenance standards), Hearing Examiners conditions, • PickItUp critical area codes, and fill and grade violations. Complaints about illegal dumping were being sent to the Tacoma-Pierce County Health Department through 2016. Complaints about signs or dumping in the public right-of-way go to the Road Operations Division of Public Works. Complaints about vehicles abandoned on the public right-of-way are sent to the Sheriff. The Code Enforcement Section provides technical and financial assistance throughout unincorporated Pierce County and, to a limited extent, within incorporated cities and towns. This assistance includes neighborhood cleanups to resolve targeted blight, issuance of junk vehicle affidavits to allow

46 | Our Systems and Programs 2016 Supplement to the Tacoma-Pierce County Solid Waste Management Plan Exhibit A to Ordinance No. 2016-83 103 Page 50 of 93 Exhibit A to Ordinance No. 2016-83 ISSUES ADDRESSED ELSEWHERE Several components of our region’s materials management system are ACCEPTED overseen by agencies other than Pierce County and the City of Tacoma. Aerosol Cans (unempty) Insect Repellents Below is a list of these components, including program descriptions and All-Purpose Cleaners Mercury Thermometers the agency responsible for their implementation. Antifreeze Motor Oil HOUSEHOLD HAZARDOUS WASTE Automotive Products Oil-Based Paints Bleach Oven Cleaner Tacoma-Pierce County Health Department (TPCHD) Carpet & Upholstery Cleaner Paint Thinner TPCHD works with the City of Tacoma and Pierce County to implement Cooking Oil Pesticides various household hazardous waste programs. Under authority of the Tacoma-Pierce County Local Hazardous Waste Management Plan, Degreasers Polish (shoe, furniture, brass ) TPCHD acts as lead or primary coordinating agency on both household Drain Cleaner Pool Chemicals and small quantity hazardous waste programs within Pierce County. Flea Collars Propane Tanks & Cylinders The Tacoma-Pierce County Local Hazardous Waste Management Plan Floor Wax Rechargeable Batteries delegates responsibility for specific programs to various agencies. Flammable Liquids Rust Remover Pierce County Public Works is responsible for household hazardous Glues Toilet Cleaner waste collection within the Pierce County solid waste disposal service Herbicides Weed Killer area. Household Cleaners Yard & Garden Chemicals Residents may take their household hazardous waste free-of-charge to two locations—the Hidden Valley and City of Tacoma transfer stations. Waste accepted at the facilities includes: oil or solvent-based paints, used motor oil, antifreeze, pesticides, herbicides, car and household batteries, dyes, flammable liquids, household cleaners, pool chemicals, solvents, fluorescent light bulbs and tars.

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ELECTRONICS RECYCLING Department of Ecology In 2006, the Washington legislature passed the Electronic Product Recycling Act (RCW 70.95N) requiring a convenient, safe and environmentally sound system for collecting and transporting covered electronic products (CEPs). On Jan. 1, 2009, Washington’s Electronic Product Recycling rule (WAC 173-900) established E-Cycle Washington for manufacturers of CEPs sold in Washington. Manufacturers finance this collection and recycling system. E-Cycle Washington provides for the recycling of electronic products at no cost to households, small businesses, charities, school districts and small governments. Products accepted at E-Cycle Washington drop-off E-waste programs collect old strings of lights sites are: computers, monitors, laptops, tablet computers, televisions, portable DVD players and e-readers. A complete list of all the E-Cycle Washington locations in Pierce County may be found on the Ecology website. Keyboards, mice and printers are not included in E-Cycle Washington. These items and other electronics (toner cartridges and cell phones) can be dropped off and recycled at no charge at certain retailers like Best Buy, Staples and RadioShack. Most of the electronics that are recycled through E-Cycle Washington are disassembled for recycling in Washington. Metals, plastics and glass are separated and sold as commodities to be reused as raw materials in the manufacturing of new products. Toxic materials such as batteries, leaded glass, circuit boards and fluorescent tubes must be managed properly by approved recyclers.

Many electronic items are considered e-waste once discarded

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MERCURY-CONTAINING LIGHT BULB RECYCLING Department of Ecology State law (RCW 70.275) requires that all mercury-containing lights be recycled. Mercury from fluorescent lights and High Intensity Discharge (HID) lights may harm human health and the environment if not properly recycled. Mercury-containing lights are safe to use, but disposing of these lights in the regular garbage could cause mercury to be released into the environment if they break. All producers of mercury-containing lights sold at retail stores in Washington must participate in an approved product stewardship program. The LightRecycle Washington program began on Jan. 1, 2015 for the collection and recycling of mercury-containing lights. Homeowners and small businesses can recycle up to 10 compact fluorescent lights, fluorescent tubes (up to eight feet long) or HID lights each day. Broken lights are accepted if they are sealed in a container. Not all locations accept all types of lights. Collection sites have been established throughout Pierce County. Almost every city in Pierce County has a collection site. To find a collection site or for more information about the program visit www.lightrecyclewa.org. LightRecycle Washington is managed by PCA Product Stewardship Inc., a non-profit organization. Funding for this program comes from a $0.25 per light Environmental Handling Charge (EHC) that is added to the purchase price of every mercury-containing light. This money is used to cover program costs, including managing the transportation and recycling of collected products and the administration and promotion of the program. Packages containing multiple lights have the $0.25 charge added to the price for each light.

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GROWTH MANAGEMENT Pierce County Comprehensive Plan At the same time the Pierce County Council adopts, amends or supplements the Tacoma-Pierce County Solid Waste Management Plan, they will also codify the Plan in two locations: as Chapter 8.28 within the Health and Welfare title of the County Code; and as Chapter 19D.90 as a planning document related to the Comprehensive Plan for Pierce County. As such, the Tacoma-Pierce County Solid Waste Management Plan must both build upon, and be consistent with high- level policy described by two goals found in the Utilities Element of the Comprehensive Plan:

• Provide reliable and cost-effective service as detailed in the most recent update of the Tacoma-Pierce County Solid Waste Management Plan. • Support efforts to reduce solid waste and increase recycling and diversion of waste to assure disposal capacity, reduce emissions and prevent pollution. Pierce County also provides for the development and adoption of community plans, some of which also include policy objectives relating The Comprehensive Plan identifies two goals which the Solid Waste to waste reduction and recycling, the siting of solid waste and recycling Management Plan builds upon facilities, and enforcement issues. Public Works staff participation in comprehensive plan and community plan updates help ensure consistency between planning documents and to ensure solid waste and recycling facilities develop to meet the need of changing and growing populations.

50 | Issues Addressed Elsewhere 2016 Supplement to the Tacoma-Pierce County Solid Waste Management Plan Exhibit A to Ordinance No. 2016-83 107 Page 54 of 93 Exhibit A to Ordinance No. 2016-83 EMERGING ISSUES AND FUTURE CONSIDERATIONS As we look to the future of the materials management system in Tacoma and Pierce County, several issues are beginning to emerge. These topics are not addressed in this supplement, but should be considered in the years to come as they are having a growing impact on the system.

CHALLENGES WITH COMMINGLED RECYCLING Commingled recycling in larger, single recycling containers, increases recycling rates in nearly every community it is implemented. However, Commingled recycling containers sometimes look very similar to garbage bins there are challenges we will need to address over time. Commingled recycling programs have higher levels of contamination, leading to additional sorting required at MRFs, causing more materials to be discarded back into the waste stream along the recycling process and reducing the value of recyclable materials in the marketplace. To conduct a true evaluation of our recycling program and determine its environmental and economic sustainability, we should account for what is actually recycled by end-users, not just what is collected in the program. This accounting would require subtracting the percentage of rejected material at sorting facilities, processors and manufacturing plants from the initial collection figure, and then calculating the loss of revenue from reduced material value; all in all, a daunting endeavor. The recycling industry is studying the issues associated with commingled recycling collection and we will monitor trends and data to determine long-term implications to our materials management system.

Presorted recycling can help reduce contamination

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PRODUCT STEWARDSHIP Product stewardship, sometimes called extended producer responsibility, is a philosophy and management strategy where the manufacturer takes responsibility for managing its product and packaging throughout its whole life cycle. While others along the supply chain (suppliers, retailers and consumers) have roles and responsibilities, it is the producer that has the greatest ability to minimize environmental, social and economic impacts. Numerous states have passed product stewardship legislation shifting the responsibility for the safe collection, transportation and management of products (particularly those with hazardous waste) away from local governments and to the manufacturers. The E-Cycle Washington and LightRecycle Washington programs noted previously are two product stewardship programs in Washington that stem from this type of legislation. The state is currently considering product stewardship legislation for latex and oil-based paint. Pharmaceuticals, carpet and rechargeable batteries are also under consideration, but appear to be farther away from becoming law.

52 | Emerging Issues and Future Considerations 2016 Supplement to the Tacoma-Pierce County Solid Waste Management Plan Exhibit A to Ordinance No. 2016-83 109 Page 56 of 93 Exhibit A to Ordinance No. 2016-83 RETAINED POLICIES The following are policy support recommendations retained from the #7- 4 As becomes necessary to ensure sufficient transfer facilities, 2000 Solid Waste Plan. Most of them provide guidance for actions to Pierce County should obtain the use of additional transshipment take if an event should occur or they offer basic support for the system. facilities, public or private, for transferring waste to out-of-county disposal facilities. PROGRAMMATIC GUIDELINES RETAINED FROM #7-5 Pierce County encourages private transfer facilities located within THE 2000 SOLID WASTE PLAN Pierce County to reserve transfer capacity for waste generated within Waste Reduction and Recycling (Chapter 4) Pierce County. #4-1 For the cities and towns using the County’s waste management system, the Pierce County Solid Waste Division should continue to serve Solid Waste Processing Technologies (Chapter 6) as the agency responsible for promoting county-wide waste reduction #6-3 Pierce County encourages private recycling, composting, and and recycling activities; to provide educational resources and technical processing facility operators located within Pierce County to reserve assistance; and to evaluate efforts of these activities. The County should processing capacity for materials generated within Pierce County. continue to coordinate its public outreach with the City of Tacoma, the #6-5 Only those technologies with demonstrated reliability should be Tacoma-Pierce County Health Department and other agencies. implemented as primary processing alternatives of the solid waste #4-2 Pierce County should continue to provide adequate funding and management system. However, governments and the private sector may staffing to assist cities and towns in implementing waste reduction and wish to conduct pilot programs and explore new and innovative ideas. recycling activities discussed in the Plan. The Pierce County Solid Waste The appropriate regulatory agencies shall determine whether or not any Division should remain the coordinator of these programs for the County potential technology meets the requirements of this Plan. and those cities and towns using the County’s waste management #6-6 Only processing technologies that are protective of human system. health and the environment (for example those that create no adverse #4-32 Pierce County should retain the use of rate-based incentives odor impacts to neighboring properties) should be deemed to be in in promoting waste reduction and recycling. The County should work compliance with the Solid Waste Management Plan. As new processing closely with private collection companies serving the County to identify technologies emerge, the environmental and health impacts should be equitable, implementable rate strategies that will be acceptable to the carefully considered. Washington Utilities and Transportation Commission. Pierce County #6-8 With any alternative technology project, the operating vendor must should also continue to work directly with the Commission to identify and provide sufficient financial assurances to minimize financial risk to the implement these types of alternatives. public for environmental and technical performance. Each city, town, and # 5-4 The City of Tacoma will continue to provide solid waste collection the County Council will independently determine the level of financial and disposal services within its corporate city limits. The City shall retain and environmental assurances that will be required for projects under the right to determine all minimum service levels and collection and their own jurisdiction. disposal rates as adopted by the Tacoma City Council, pursuant to RCW 35.21.120.

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Disposal and Landfilling (Chapter 8) the regulations in effect at the time of expansion and to protect public #8-1 If there is a lack of landfill capacity in Pierce County for solid waste health and safety and the environment. Expansions shall be prohibited generated in the Pierce County solid waste management system in for any landfill that is in violation of existing surface water or groundwater the future or if the county determines by resolution that out-of-county standards. disposal options are cost effective, the County may contract for the use #8-5 The County shall require, to the extent allowed by law, private of an out-of-county landfill. MSW disposal companies located within unincorporated Pierce County #8-3 When the Tacoma-Pierce County Health Department and the to reserve existing disposal capacity to handle MSW generated within Pierce County Department of Planning and Land Services review the Pierce County solid waste management systems. When negotiating permit applications to site, develop, and operate new MSW landfills, or disposal contracts with any such facility owner/operator, the County shall to expand existing MSW landfills in Pierce County or whenever Pierce propose terms which: County is considering decisions to contract for MSW disposal, the • Reserve adequate disposal capacity to serve the Pierce County agencies must include in the decision-making process an evaluation of: solid waste disposal system as projected in the ‘County-wide’ • Effect on public health and safety; column of Table 8-2, ‘Projected Long Term Disposal Needs;’ • Protection of the environment, including aquifers and waters of the • Require the mutual agreement of the contracting parties before the State; contractor can bring in waste from outside the County solid waste • Pierce County’s waste generation habits and trends with an management system. assurance that options are adequate for meeting Pierce County’s #8-6 No municipal solid waste landfill located within unincorporated waste generation needs; Pierce County shall accept waste from outside the Pierce County solid • Competition for disposal services; waste management systems without addressing the impacts of that action. The impacts under the facility’s conditional use permit shall • Meeting the potential emergency needs should a primary disposal be reviewed by the Pierce County Hearing Examiner. The impacts site suddenly become unavailable; and under the facility’s solid waste handling permit shall be reviewed by • The costs of using various alternatives which will be analyzed and the Tacoma-Pierce County Health Department. These reviews shall verified through the use of publicly available data published by be conducted as a public process and follow the applicable laws and other government organizations, formal requests for proposals, regulations governing the conditional use permit and the solid waste qualification or information (RFP, RFQ, or RFI), or through another handling permit processes. The results of the review shall be reported at method as recommended by the Solid Waste Advisory Committee. a Pierce County Council meeting.

The Solid Waste Division shall have primary responsibility for the #8-7 While this Plan recognizes and describes the complex authorities evaluation, but will work with the Department of Planning and Land and regulation of waste disposal, nothing in the Plan specifically Services, the Tacoma-Pierce County Health Department, and the authorizes or specifically prohibits the importation of solid waste from applicant to minimize duplication of effort. outside the County solid waste management systems to MSW landfills #8-4 MSW landfill expansions within unincorporated Pierce County located in unincorporated Pierce County. shall undergo a permitting process with adequate public notice and opportunity for public comment. Expansions shall be required to meet

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#8-8 Before approving the acceptance of municipal solid waste from #10-23 Under this Solid Waste Management Plan, the City of Tacoma outside the Pierce County solid waste management systems or before will retain control over all aspects of solid waste management within its approving a substantial change in the design or operation of a municipal corporate city limits, such as collection and disposal rates, minimum solid waste landfill within unincorporated Pierce County, the TPCHD service levels, and waste management programs. shall give the public notice of the issue and provide the public an opportunity to be heard.

Enforcement and Administration (Chapter 10) #10-4 When Pierce County and the Cities and Towns (excepting Tacoma and Ruston) enter into Interlocal Agreements to implement this plan, those Agreements shall require the planning partners to work cooperatively in a common solid waste transfer and disposal system. This is necessary to: provide economies of scale; avoid unnecessary and costly duplication of services; and minimize the number of solid waste related facilities which must be developed and permitted to implement this plan.

#10-5 Where practical, the solid waste management system should be advanced through an open competitive procurement process to benefit public interest.

#10-8 The Tacoma-Pierce County Health Department shall implement ways to increase public notice, input, and involvement in the solid waste handling facility permit application review process. The following issues were identified as particular areas the Health Department should review: Formal public notice and comment periods when issuing and modifying solid waste handling facility permits. Public meetings on the basis of requests, a significant degree of public interest, or to clarify one or more aspects important to compliance with the requirements of applicable permit; and Identification of impacts which may occur across jurisdictional boundaries.

#10-9 When an applicant applies for a Solid Waste Permit, the Tacoma- Pierce County Health Department shall notify the property owner(s) and verify that the owners understand they will be responsible for clean-up of any waste left by any solid waste facility or activity on their property.

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A. GLOSSARY MRFs send bales (large compressed blocks) of recyclable materials to other facilities where they are processed into new products Below are material management terms that are used in this document. The definitions provided are specific to this document and may not Materials Management System—all aspects of the solid waste system encompass all uses of these terms. from waste generation to disposal. The system aims to use and reuse resources efficiently and sustainably throughout their lifecycles. It seeks Commingled Recycling—a service where customers can place all to minimize materials used and all associated environmental impacts program accepted recyclable materials into one container (e.g., plastic, paper, aluminum) Minimum Level of Service Ordinances—requirements established for residential curbside recycling and yard waste collection. These Composting—the controlled breakdown of organic waste to make a requirements must be met by the solid waste collection companies soil amendment, conditioner or mulch. Organic materials include such operating in unincorporated portions of the county things as yard waste, food waste, wood waste, biosolids (organic solids removed from waste water treatment) and paper Municipal Solid Waste (MSW)—a subset of solid waste which includes garbage discarded from residential, commercial, institutional and Curbside Collection—a service that picks up recyclable items, industrial sources compost and/or garbage from customers’ properties at regularly scheduled times Pierce County Responds— a central clearinghouse designed to accept complaints relating to a wide variety of property and nuisance violations Diversion—the avoidance of placing items into a landfill through reuse, recycling and composting Product Stewardship—a philosophy and management strategy where the manufacturer takes responsibility for managing its product and Extended Producer Responsibility—see Product Stewardship packaging throughout its whole life cycle. Also called extended producer Facility—a place that receives materials from outside of its site responsibility boundaries such as a transfer station or recycling center. Dumpsters and Recycling—the collection of items in order to transform or other containers that only service the site where they are located are not remanufacture the material into usable or marketable products considered facilities Reduction—the effort to avoid waste at its source and therefore have Interlocal Agreements (ILAs)—legal arrangements between Pierce less waste to manage County and its cities and towns that establishes the adoption and implementation of the Solid Waste Management Plan Reuse—repurposing an item or material to avoid its disposal

Landfill—a disposal facility or part of a facility where garbage is permanently placed in or on the land

Material Recovery Facility (MRF)—a place where recyclable items are separated into individual material types (e.g., plastic, paper, aluminum).

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Single Use Items—products that are designed to be used once and then disposed, such as paper coffee cups, plastic sandwich bags and disposable razors

Solid Waste Advisory Committee (SWAC)—a group required by state law established by the County to “assist in the development of programs and policies concerning solid waste handling and disposal.” The SWAC reports to the Pierce County Council

Special Waste—those materials with unique collection, handling and disposal requirements that are not generally part of the mixed municipal solid waste stream. Includes items such as contaminated soils, street sweeping residues, waste from cleaning manholes and storm drains, sludges, boiler or incinerator ash and many industrial wastes

Sustainability—treated holistically; sustainability should not be confused with “green” or “environmentally friendly”. Sustainable decisions and actions consider all factors that might affect maintainability, such as economics, efficiency, equitability, effectiveness and the environment

Transfer Station—a facility where self-haulers and collection vehicles deposit waste collected offsite. The waste is then moved to larger vehicles for transport to solid waste handling facilities (e.g., landfills, composting facilities, materials recovery facilities)

Waste—items that are discarded and managed through either recycling, composting or garbage services

Waste Trends Analysis—Pierce County’s annual program that inventories items found in the municipal garbage. Waste is manually sorted and classified to help the system administrators better understand what is being discarded

Yard Waste—natural yard debris that can be composted or ground-up for mulch, such as grass clippings, brush, leaves and tree limbs

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B. EVIDENCE OF SWAC PARTICIPATION Through an eighteen-month process, the SWAC contributed valuable feedback which shaped the 2016 Supplement. Below is a table of The Pierce County Solid Waste Advisory Committee (SWAC) assists meeting dates and topics. Each meeting included a time for “Community the Pierce County Council and Pierce County Public Works Sustainable Conversations” where members of the public and the SWAC discussed Resources Division in the development of programs and policies details of the Plan. concerning solid waste handling and disposal. Meeting Date Topic SWAC members are citizens, members of public interest groups, Oct. 8, 2014 Project charter, roles and responsibilities, draft professionals from the business community, operators of solid waste plan framework, initial vision statement collection and recycling companies and representatives of local Nov. 11, 2014 Required supplement components and project governments. charter, supplement writing strategy, draft vision statement, goals Voting Members Representing Danielle Allen Business Dec. 10, 2014 Updated framework, vision, objectives, goals Angela Angove Citizens Feb. 11, 2015 Goals, objectives, actions Drew Brien (–2017) Citizens March 11, 2015 Decisions content Gail Ehnat O’Donnell Business Jillian Foss Citizens April 8, 2015 System content Mark Gingrich Waste Management Industry May 5, 2015 Culture and Measurement content Michael Gruener Waste Management Industry June 10, 2015 Document structure Nancy Henderson (2016–) Local Public Officials Jenny Jacobs Business June 24, 2015 Document body Gary Kato Local Public Officials Sept. 9, 2015 Draft supplement Dennis Magnuson Citizens Oct. 14, 2015 Final supplement George Robison Citizens May 11, 2016 Public hearing Chester Saito Citizens Mary Sherman (2016–) Local Public Officials June 8, 2016 Formal recommendation René Skaggs (2016–) Agriculture Steve Worthington (–2016) Local Public Officials

Non-Voting Members Representing Andy Comstock Tacoma-Pierce County Health Department Jody Snyder LRI Hugh Taylor Pierce County Council Steve Wamback Pierce County Public Works

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C. WUTC COST ASSESSMENT 2. The 2016 Supplement proposes continued efforts on a vision and path to reduce waste generation, increase recycling, and COST ASSESSMENT PREPARED FOR THE 2016 SUPPLEMENT TO dramatically decrease per capita waste disposal needs. Despite a THE TACOMA-PIERCE COUNTY SOLID WASTE MANAGEMENT PLAN growing population it is Pierce County’s desire to see the overall RCW 70.95.090 (8) “requires an assessment of the plan’s impact on disposal stream shrink. the costs of solid waste collection . . . prepared in conformance with 3. Solid waste tipping fees will remain the primary funding source for guidelines established by the utilities and transportation commission.” all programs. It is expected that the posted solid waste tipping fee RCW 70.95.096, however, limits the Commission’s review to “. . . the (including the County Program Cost and those elements funding plan’s assessment of solid waste collection cost impacts on rates private sector services) will increase from $144.97 in 2015 to charged by solid waste collection companies regulated under chapter $192.47 by 2021 as residents and businesses decrease how much 81.77 RCW. . .” and requires the Commission to “advise the county or waste each disposes. Adjusting for inflation, population growth and city submitting the plan and the department of the probable effect of the reduced disposal, the per capita cost impact will decline from $92.17 plan’s recommendations on those rates.” to $89.08 per year. This Cost Assessment is prepared to solicit the advice of the 4. For programs and services proposed to be provided by Pierce Washington Utilities and Transportation Commission as to how this Plan County, this Cost Assessment shows that the County will continue Supplement may impact the rates charged by Commission-regulated to use the County Program Cost component of the solid waste haulers. Other readers may wish to review the Cost Assessment in tipping fee as its primary funding mechanism. Pierce County plans tandem with Chapters 10 and 11 of the 2000 Plan and the rest of the to continue to raise the County Program Cost in a measured way 2016 Supplement which describe the County’s solid waste management so that the impact on a per capita basis remains below the rate of systems, provide a cost and financial review, and prioritize programs for inflation. This plan is designed to “live within our means.” implementation.

SUMMARY OF FINDINGS 1. The 2016 Supplement does not propose policies or programs which will directly or immediately impact the regulated services or rates charged by Commission-regulated haulers. There are, however, objectives which may eventually be implemented by certificated haulers in unincorporated Pierce County and by contract haulers within cities and towns. One such objective is S-1 in which Pierce County will evaluate whether it is important to standardize service options, container sizes, designs, colors, etc. While the initial study would be conducted in-house, any implementation by haulers would have to be arranged to maximize—and not “strand”—prior ratepayer investment in containers etc. Since Pierce County has a long track record demonstrating such sensitivity, this cost assessment does not identify haulers having to incur unusual or unscheduled costs.

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COST ASSESSMENT QUESTIONNAIRE 1. DEMOGRAPHICS Plan Prepared for the County of: Tacoma-Pierce County 1.1 Population Prepared by: Pierce County Public Works 1.1.1 Current and projected population of Pierce County, including Tacoma and Joint Base Lewis McChord (JBLM) Steve Wamback, Sustainable Resources Administrator Chris Brown, Management Analyst Base–2015 2016 2018 2021 830,120 840,977 863,386 898,444 Contact Telephone: (253) 798-2179

Date: 10/02/2015 1.1.2 Current and projected population of the Pierce County Solid Waste System Definitions Base–2015 2016 2018 2021 1. Throughout this document: 597,320 603,842 617,063 637,636 BASE shall refer to January 1 to December 31, 2015 YR. 1 shall refer to January 1 to December 31, 2016 YR. 3 shall refer to January 1 to December 31, 2018 1.1.3 Current and projected population of Tacoma/Ruston YR. 6 shall refer to January 1 to December 31, 2021 Base–2015 2016 2018 2021 2. Base year costs reflect the adopted 2015 Pierce County Sustainable 203,205 207,729 217,082 231,909 Resources budget. 3. Year 1 costs reflect the proposed 2016 Pierce County Sustainable Resources budget, scheduled for adoption in November 2015. 1.2 References and Assumptions 4. Cost projections for years 3 and 6 are adjusted assuming a 2 % • The response to item 1.1.1 is based on the April 1, 2015 population annual inflation rate with estimates generally rounded to the nearest estimate released for Pierce County by the Washington Office of thousand, but with intermediate adjustments since not every Financial Management and population projections contained in programmatic element of the system neatly adjusts with inflation. the 2015 Pierce County Comprehensive Plan adopted as Pierce County Ordinance 2015-40. See www.piercecountywa.org/realize2030. • The responses to item 1.1.2 through 1.1.3 are based on the data sets described above and focus on each of the Tacoma and Pierce County systems described on page 31 of the 2016 Supplement.

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2. WASTE STREAM GENERATION 2.5 References and Assumptions This data set estimates tonnage generated by all three waste • The responses to items 2.1 and 2.3 are based on data published management systems within the County: Pierce County, Tacoma by the Washington Department of Ecology which reported a and JBLM. per capita recycling rate of 3.42 pounds per person per day in 2.1 Tonnage Recycled calendar year 2013. This recycling rate is forecast to increase by 1 percent per year. Base–2015 2016 2018 2021 533,819 546,254 572,035 613,299 • The responses to items 2.2 and 2.4 are based on landfill disposal of municipal solid waste through June 30, 2015. Projections use the same approach as in the twenty-year projections found in 2.2 Tonnage Disposed Appendices E and F of the 2016 Supplement. Excluded here are the following categories of waste not directly managed as Base–2015 2016 2018 2021 part of the Pierce County solid waste system: Alternative Daily 563,503 550,001 525,015 489,789 Cover, metal- and VOC-containing soils, mixed construction This data set estimates tonnage for just the Pierce County Solid Waste and land clearing debris, material recovery facility residuals and System, using the population presented in response 1.1.2. manufacturing by-product.

2.3 Tonnage Recycled

Base–2015 2016 2018 2021 384,114 392,191 408,834 435,265

2.4 Tonnage Disposed

Base–2015 2016 2018 2021 382,003 371,378 352,482 325,832

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3. SYSTEM COMPONENT COSTS—PIERCE COUNTY COSTS In 2000, Pierce County modified the Cost Assessment Questionnaire to make it a more useful and specific tool for Pierce County while still meeting the needs of the WUTC. We continue that approach in this 2016 Supplement. The following pages contain, at a minimum, the same information requested by the WUTC. This approach is consistent with the instruction on page 9, of the Cost Assessment Guidelines, 2nd Edition, Revised, August 2001.

SUMMARY: PIERCE COUNTY PUBLIC WORKS—SUSTAINABLE RESOURCES DIVISION The tables on the next 5 pages present Pierce County’s program costs as requested in Sections 3.1, 3.2, 3.6 and 3.7 of the Cost Assessment Questionnaire.

Base Year Year One Year Three Year Six 2015 2016 2018 2021 Actuals Proposed Estimated Estimated Current and Continuing Programs Waste Reduction & Diversion and Public Outreach $1,361,290 $1,186,260 $1,274,000 $1,310,000 Environmental Education $643,230 $633,560 $616,000 $646,000 Capital Improvement Program $88,000 $140,690 - - System Administration $1,676,465 $1,695,230 $1,750,000 $1,837,000 Code Enforcement and Nuisance Abatement $1,540,220 $1,550,480 $1,557,000 $1,629,000 Total for Current and Continuing Programs $5,309,205 $5,206,220 $5,197,000 $5,422,000

Proposed New Programs Waste Reduction & Diversion and Public Outreach - $118,000 $124,000 $137,000 Environmental Education - - - - Capital Improvement Program - - - - System Administration - - - - Code Enforcement and Nuisance Abatement - - - - Total for New Programs - $118,000 $124,000 $137,000

All Programs $5,309,205 $5,324,220 $5,321,000 $5,559,000

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WASTE REDUCTION & DIVERSION AND PUBLIC OUTREACH

Base Year Year One Year Three Year Six 2015 2016 2018 2021 Actuals Proposed Estimated Estimated Current and Continuing Programs Waste Reduction and Recycling Public Information and Outreach $809,645 $717,260 $746,000 $792,000 Household Hazardous Waste Diversion Programs $410,000 $418,000 $435,000 $462,000 County Office Recycling Programs $45,000 $51,000 $53,000 $56,000 Solid Waste Management Plan $96,645 $- $40,000 $- Total for Current and Continuing Programs $1,361,290 $1,186,260 $1,274,000 $1,310,000

Proposed New Programs Community Document Shredding Service $- $32,000 $33,000 $35,000 Recycling Away From Home - Outreach Activities (Objective S-4) $- $- $19,000 $22,000 Reduce Wasted Food Programs Outreach (Objective C-3) $- $- $20,000 $20,000 Targeting Single-Use Items - Water Bottle Filling Stations (Objective C-4) $- $8,000 $8,000 $9,000 Reduction and Diversion Program Sustainability Screening (Objective M-1) $- $78,000 $44,000 $51,000 Total for New Programs $- $118,000 $124,000 $137,000

All Waste Reduction & Diversion and Public Outreach Programs $1,361,290 $1,304,260 $1,398,000 $1,447,000

Funding Mechanisms This component of the Pierce County solid waste system is primarily funded by the County Program Cost (CPC) component of solid waste tipping fees. In 2015 and 2016, the Department of Ecology Coordinated Prevention Grant (CPG) supplements local funding.

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ENVIROMENTAL EDUCATION (PAGES 39 AND 40)

Base Year Year One Year Three Year Six 2015 2016 2018 2021 Actuals Proposed Estimated Estimated Current and Continuing Programs Environmental Education Programs $446,230 $458,060 $477,000 $506,000 Pierce County Master Gardeners Education and Outreach $42,000 $43,000 $44,000 $45,000 Harvest Pierce County - Community Gardens $75,000 $75,000 $75,000 $75,000 Harvest Pierce County - Gleaning Programs $50,000 $45,000 $10,000 $10,000 Community Compost Training / Demonstration Sites $30,000 $12,500 $10,000 $10,000 Total for Current and Continuing Programs $643,230 $633,560 $616,000 $646,000

Proposed New Programs N/A Total for New Programs $- $- $- $-

All Environmental Education Programs $643,230 $633,560 $616,000 $646,000

Funding Mechanisms This component of the Pierce County solid waste system is primarily funded by the County Program Cost (CPC) component of solid waste tipping fees.

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CAPITAL IMPROVEMENT PROGRAM (APPENDIX D)

Base Year Year One Year Three Year Six 2015 2016 2018 2021 Actuals Proposed Estimated Estimated Current and Continuing Programs Purdy Transfer Station Improvements $88,000 $140,690 Total for Current and Continuing Programs $88,000 $140,690 $- $-

Proposed New Programs N/A Total for New Programs $- $- $- $-

All Capital Improvement Programs $88,000 $140,690 $- $- Funding Mechanisms This component of the Pierce County solid waste system is funded by Solid Waste Enterprise Fund Balance (reserves) which had been set aside for this purpose.

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SOLID WASTE ADMINISTRATION (PAGE 45)

Base Year Year One Year Three Year Six 2015 2016 2018 2021 Actuals Proposed Estimated Estimated Current and Continuing Programs Public Works / Sustainable Resources Administration $1,088,645 $1,101,530 $1,144,000 $1,213,000 Health Department - Solid Waste $587,820 $593,700 $606,000 $624,000 Total for Current and Continuing Programs $1,676,465 $1,695,230 $1,750,000 $1,837,000

Proposed New Programs N/A $- Total for New Programs $- $- $- $-

All System Administration Programs $1,676,465 $1,695,230 $1,750,000 $1,837,000

Funding Mechanisms This component of the Pierce County solid waste system is primarily funded by the County Program Cost (CPC) component of solid waste tipping fees.

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CODE ENFORCEMENT AND NUISANCE ABATEMENT (PAGE 46)

Base Year Year One Year Three Year Six 2015 2016 2018 2021 Actuals Proposed Estimated Estimated Current and Continuing Programs Code Enforcement Operations $968,120 $965,980 $1,005,000 $1,067,000 Nuisance Vehicle Enforcement (PC Sheriff) $109,000 $111,000 $113,000 $117,000 Health Department - Code Enforcement $212,100 $214,200 $219,000 $225,000 Property Cleanup and Abatement $251,000 $259,300 $220,000 $220,000 Total for Current and Continuing Programs $1,540,220 $1,550,480 $1,557,000 $1,629,000

Proposed New Programs N/A $- Total for New Programs $- $- $- $-

All Code Enforcement and Nuisance Abatement $1,540,220 $1,550,480 $1,557,000 $1,629,000 Funding Mechanisms This component of the Pierce County solid waste system is primarily funded by the County Program Cost (CPC) component of solid waste tipping fees and Solid Waste Enterprise Fund Balance. In 2015 and 2016 the Department of Ecology Community Litter Cleanup Program (CLCP) supplements local funding.

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SYSTEM COMPONENT COSTS—TRANSFER, COMPOSTING, DIVERSION AND DISPOSAL COSTS This chart covers services provided directly by the County’s disposal system operator, Pierce County Recycling, Composting and Disposal LLC d/b/a LRI (LRI) under the terms of the County’s Waste Handling Agreement. With the exception of post-closure and site remediation activities, all of these are funded directly out of current year tipping fees.

COMPOSTING/DIVERSION, TRANSFER AND DISPOSAL SYSTEMS

Base Year Year One Year Three Year Six 2015 2016 2018 2021 Actuals Proposed Estimated Estimated Current and Continuing Programs Solid Waste Processing Technologies - Composting $11,628,171 $11,445,870 $12,386,000 $13,760,000 Transfer Stations $17,037,334 $16,723,151 $16,486,000 $16,679,000 Solid Waste Disposal Services $22,224,935 $21,461,935 $20,969,000 $19,827,000 Purdy Post Closure and Maintenance $151,500 $134,000 $35,000 $35,000 Hidden Valley Post Closure $292,000 $263,000 $402,000 $271,000 Total for Current and Continuing Programs $51,333,940 $50,027,956 $50,278,000 $50,572,000

Proposed New Programs Solid Waste Processing Technologies - C&D Recovery $- $4,402,000 $7,263,000 Other Site Remediation $- $20,000 $20,000 $20,000 Total for New Programs $- $20,000 $4,422,000 $7,283,000

All Programs $51,333,940 $50,047,956 $54,700,000 $57,855,000

Funding Mechanisms Pierce County’s composting system is funded by Component B—County Diversion Programs—of the solid waste tipping fee. Any program implemented to divert construction and demolition debris is also proposed to be funded through this same component. Transfer stations and transportation services are funded by Component A—Transfer, Transportation and Recycling—of the solid waste tipping fee. Disposal services are funded by Component C—Disposal—and Component D—Community Support Services—of the solid waste tipping fee. Post-closure and closed landfill site remediation activities are funded from dedicated reserve accounts maintained by Pierce County government. Please refer to the Funding Mechanism Summary Charts for more detail on the specific allocation of revenues and expenses.

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Energy Recovery & Incineration Programs (Cost Assessment Section 3.4) There are no waste to energy or incinerator facilities handling waste generated within the Pierce County Solid Waste System.

Land Disposal Program (Cost Assessment Section 3.5) The disposal site for waste generated within the Pierce County Solid Waste System is the LRI Landfill in Graham, WA. Pierce County Recycling, Composting, and Disposal LLC (d/b/a LRI) owns and operates this landfill following the terms of a Waste Handling Agreement executed with Pierce County in 2008.

Solid Waste Collection Programs (Cost Assessment Section 3.3) This page summarizes information on private waste hauling companies, as requested by Section 3.3 of the cost assessment. Detail on certificated and other haulers follows on the two pages. Haulers provided the base year data to the County in October 2015.

ALL SOLID WASTE COLLECTION PROGRAMS

Base Year Year One Year Three Year Six 2015 2016 2018 2021 Current Estimated Estimated Estimated All Haulers (excluding Tacoma, Ruston and JBLM) Residential Customers 155,236 156,928 160,375 165,715 Commercial Customers 14,857 15,020 15,348 15,860 Estimated Annual Tonnage 285,050 276,499 262,246 242,293

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SOLID WASTE COLLECTION PROGRAMS—CERTIFICATED HAULERS

Base Year 2015 Year One 2016 Year Three 2018 Year Six 2021 Current Estimated Estimated Estimated American Disposal (G-87) and Murrey’s Disposal (G-9) Residential Customers 52,500 53,072 54,238 56,044 Commercial Customers 2,725 2,755 2,815 2,909 Estimated Annual Tonnage 93,500 90,695 86,020 79,475

Harold LeMay Enterprises (G-98) Residential Customers 47,460 47,977 49,031 50,664 Commercial Customers 5,385 5,444 5,563 5,748 Estimated Annual Tonnage 86,700 84,099 79,764 73,695

SOLID WASTE COLLECTION PROGRAMS—OTHER HAULERS

Base Year 2015 Year One 2016 Year Three 2018 Year Six 2021 Current Estimated Estimated Estimated D.M. Disposal Residential Customers 24,130 24,393 24,929 25,759 Commercial Customers 1,450 1,466 1,498 1,548 Estimated Annual Tonnage 41,400 40,158 38,088 35,190

Harold LeMay Enterprises Residential Customers 17,500 17,691 18,079 18,681 Commercial Customers 4,290 4,337 4,432 4,580 Estimated Annual Tonnage 49,500 48,015 45,540 42,075

University Place Refuse / Westside Disposal Residential Customers 13,646 13,795 14,098 14,567 Commercial Customers 1,007 1,018 1,040 1,075 Estimated Annual Tonnage 13,950 13,532 12,834 11,858

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FUNDING MECHANISMS Pierce County entered into a Waste Handling Agreement (WHA) with Pierce County Recycling Composting and Disposal LLC d/b/a LRI (LRI) in 2008. The term of the WHA runs through December 31, 2036. LRI operates five solid waste facilities owned by Pierce County:

• Purdy Transfer Station • Anderson Island Residential Waste Transfer Site (Drop Box) • Key Center Residential Waste Transfer Site (Drop Box) • Prairie Ridge Residential Waste Transfer Site (Drop Box) • Pierce County Yardwaste Composting Facility (at Purdy) LRI makes available the Hidden Valley Transfer Station for the use of Pierce County residents, businesses, and haulers; and transports waste to its LRI Landfill in Graham. The WHA establishes the solid waste tipping fee. There are four components to the tipping fee plus the County Program Costs:

• Component A: Transfer Facilities, Recycling, and Transportation • Component B: County Diversion Programs • Component C: Disposal Services • Component D: Community Solid Waste Reduction and Support Programs

County Program Costs (CPC) The following chart shows current and estimated system tipping fees. The fees scheduled to take effect on March 1, 2016 were reviewed by the Pierce County Executive and County Council in September 2015 and take effect through administrative action.

Component 2015 2016 2018 2021 Component A $ 44.60 $ 45.03 $ 46.77 $ 51.19 Component B $ 30.44 $ 30.82 $ 47.63 $ 64.52 Component C $ 57.53 $ 56.99 $59.06 $ 60.36 Component D $ 0.65 $ 0.80 $ 0.43 $ 0.49 CPC $ 11.75 $ 12.20 $ 13.56 $ 15.91 Total $ 144.97 $ 145.84 $ 167.45 $ 192.47 As shown in the following chart, on a population and inflation-adjusted basis, real annual per capita spending on system services will decline from $92.71 in 2015 to $89.08 in 2021.

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Grants For 2015 and 2016, Pierce County is the recipient of two grants from the Washington Department of Ecology: Coordinated Prevention Grant (CPG) and

2015 2016 2018 2021 Tip Fee $144.94 $145.84 $167.45 $192.47 Adjusting for Inflation $144.97 $145.84 $160.95 $174.33 Tonnage $382,003.00 $371.38 $352,482.00 $325,832.00 Inflation Adjusted Tip Fee Revenue $55,378,975.00 $54,161,768.00 $56,731,141.00 $56,800,991.00 Population Served $597,320.00 $603,842.00 $617,063.00 $637,636.00 Revenue Per Capita Per Year $92.71 $89.70 $91.94 $89.08

Community Litter Cleanup Program (CLCP). Recognizing long-term uncertainty about grant funding, future financial projections assume no grant dollars after 2016.

Dedicated Reserve Funds Previous generations of ratepayers contributed to post-closure and self-insurance funding for the now-closed Purdy and Hidden Valley Landfills. Pierce County maintains two post-closure and one self-insurance account to fund post-closure and remediation activities at those sites following post-closure and operational plans approved by the Tacoma-Pierce County Health Department.

Fund Balance Revenues from the County Program Cost component of the tipping fee, grants and other fees for service are deposited into Pierce County’s Solid Waste Enterprise Fund. In the 1990s County policy then in effect resulted in the Division growing a fund balance significantly in excess of current-year operational needs. Since 2008, the County has been spending down the fund balance in support of a capital improvement program and the County’s Code Enforcement and Nuisance Abatement programs. Separate from the Solid Waste Management Plan and this Cost Assessment, the Department annually prepares a six-year finance plan to ensure maintenance of a minimum fund balance and follow-through on plans to gradually raise the County Program Cost component of the tipping fee to align with current year operational needs.

Other Funding Sources Minor funding sources include interest earned on the Fund Balance, environmental education class registration fees and reimbursement on liens which covered the cost of property abatements. This final section of the Cost Assessment includes a number of tables that link program costs with revenues. This first chart was requested by WUTC staff during previous review cycles and has been updated with current (year 2015) fees.

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COST ASSESSMENT QUESTIONNAIRE TABLE 4.1.1 The charts on the final eight pages of the Cost Assessment align system expenses with funding mechanisms for each year 2015, 2016, 2018 and 2021.

Facility Type of Tip Fee Transfer Transfer Station Final Disposal Tons Disposed Total Revenue Name Facility Per Ton Cost Location Location 2015 (estimate) Generated Facilities Open to the Public For Residential Self-Haul Waste Only - Closed to Commercial Haulers 382,003 $55,378,975 Anderson Island Drop Box $144.97 averaged across Anderson Is. LRI LF Key Center Drop Box $144.97 all waste and Key Peninsula LRI LF included in tip fee Prairie Ridge Drop Box $144.97 Bonney Lake LRI LF Facilities Open to the Public For Residential Self-Haul Waste, Commercial Self-Haul Waste, & Commercial Haulers Hidden Valley Transfer Station $144.97 see above South Hill LRI LF Purdy Transfer Station $144.97 Gig Harbor LRI LF Facilities Open for Commercial Self-Haul Waste and Commercial Haulers only LRI Landfill Landfill $144.97 see above Graham, WA N/A Private Facilities Open to Haulers for their own wastes Lakewood Transfer Station included as part of the Lakewood LRI LF Murrey’s Transfer Station haulers’ collection operations Puyallup/Fife LRI LF

The first presents information in dollars (e.g. in 2015 Waste Reduction & Diversion programs are funded from three sources: $770,290 from the CPC component of tipping fees, $590,000 in grant revenue and $1,000 from other sources). The second table—as specifically requested in section 4.2 of the Cost Assessment Questionnaire—shows the same information as percentages (e.g. in 2015, Waste Reduction & Diversion programs are funded 57% from the CPC component of tipping fees, 43% from grants and <1% from other sources).

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FUNDING MECHANISM SUMMARY—2015 (DOLLARS)

Solid Waste Tipping Fee Components Other Revenue Sources Dedicated System Fund A B C / D CPC Grants Reserve Other TOTAL Component Balance Funds Waste Reduction & Diversion $770,290 $590,000 $1,000 $1,361,290 Public Outreach Environmental $642,230 $1,000 $643,230 Education

Capital Improvements $88,000 $88,000

Solid Waste System $1,676,465 $1,676,465 Administration

Code Enforcement $1,271,015 $20,000 $234,205 $15,000 $1,540,220 Nuisance Abatement

Transfer Stations $17,037,334 $17,037,334

Processing - $11,628,171 $11,628,171 Composting

Processing - C&D $ -

Solid Waste Disposal $22,224,935 $22,224,935 Services

Post-Closure and $443,500 $443,500 Remediation TOTAL $17,037,334 $11,628,171 $22,224,935 $4,360,000 $610,000 $443,500 $322,205 $17,000

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FUNDING MECHANISM SUMMARY—2015 (PERCENTAGE)

Solid Waste Tipping Fee Components Other Revenue Sources Dedicated System Fund A B C / D CPC Grants Reserve Other TOTAL Component Balance Funds Waste Reduction & Diversion 57% 43% 0% 100% Public Outreach Environmental 100% 0% Education 100%

Capital Improvements 100% 100%

Solid Waste System 100% Administration 100%

Code Enforcement 83% 1% 15% 1% Nuisance Abatement 100%

Transfer Stations 100% 100%

Processing - 100% Composting 100%

Processing - C&D 0%

Solid Waste Disposal 100% Services 100%

Post-Closure and 100% Remediation 100%

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FUNDING MECHANISM SUMMARY—2016 (DOLLARS)

Solid Waste Tipping Fee Components Other Revenue Sources Dedicated System Fund A B C / D CPC Grants Reserve Other TOTAL Component Balance Funds Waste Reduction & Diversion $991,760 $307,500 $5,000 $1,304,260 Public Outreach Environmental $632,560 $1,000 $633,560 Education

Capital Improvements $140,690 $140,690

Solid Waste System $1,695,230 $1,695,230 Administration

Code Enforcement $1,194,460 $42,500 $284,520 $29,000 $1,550,480 Nuisance Abatement

Transfer Stations $16,723,151 $16,723,151

Processing - $11,445,870 $11,445,870 Composting

Processing - C&D $ -

Solid Waste Disposal $21,461,935 $21,461,935 Services

Post-Closure and $417,000 $417,000 Remediation TOTAL $16,723,151 $11,445,870 $21,461,935 $4,514,010 $350,000 $417,000 $425,210 $35,000

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FUNDING MECHANISM SUMMARY—2016 (PERCENTAGE)

Solid Waste Tipping Fee Components Other Revenue Sources Dedicated System Fund A B C / D CPC Grants Reserve Other TOTAL Component Balance Funds Waste Reduction & Diversion 76% 24% 0% 100% Public Outreach Environmental 100% 0% Education 100%

Capital Improvements 100% 100%

Solid Waste System 100% Administration 100%

Code Enforcement 77% 3% 18% 2% Nuisance Abatement 100%

Transfer Stations 100% 100%

Processing - 100% Composting 100%

Processing - C&D 0%

Solid Waste Disposal 100% Services 100%

Post-Closure and 100% Remediation 100%

C-19 | Appendix 2016 Supplement to the Tacoma-Pierce County Solid Waste Management Plan Exhibit A to Ordinance No. 2016-83 134 Page 81 of 93 Exhibit A to Ordinance No. 2016-83

FUNDING MECHANISM SUMMARY—2018 (DOLLARS)

Solid Waste Tipping Fee Components Other Revenue Sources Dedicated System Fund A B C / D CPC Grants Reserve Other TOTAL Component Balance Funds Waste Reduction & Diversion $1,396,000 $2,000 $1,398,000 Public Outreach Environmental $615,000 $1,000 $616,000 Education

Capital Improvements $ -

Solid Waste System $1,750,000 $1,750,000 Administration

Code Enforcement $978,000 $549,000 $30,000 $1,557,000 Nuisance Abatement

Transfer Stations $16,486,000 $16,486,000

Processing - $12,386,000 $12,386,000 Composting

Processing - C&D $4,402,000 $4,402,000

Solid Waste Disposal $20,969,000 $20,969,000 Services

Post-Closure and $457,000 $457,000 Remediation TOTAL $16,486,000 $16,788,000 $20,969,000 $4,739,000 $0 $457,000 $549,000 $33,000

C-20 | Appendix 2016 Supplement to the Tacoma-Pierce County Solid Waste Management Plan Exhibit A to Ordinance No. 2016-83 135 Page 82 of 93 Exhibit A to Ordinance No. 2016-83

FUNDING MECHANISM SUMMARY—2018 (PERCENTAGE)

Solid Waste Tipping Fee Components Other Revenue Sources Dedicated System Fund A B C / D CPC Grants Reserve Other TOTAL Component Balance Funds Waste Reduction & Diversion 100% 0% 100% Public Outreach Environmental 100% 0% Education 100%

Capital Improvements 0%

Solid Waste System 100% Administration 100%

Code Enforcement 63% 35% 2% Nuisance Abatement 100%

Transfer Stations 100% 100%

Processing - 100% Composting 100%

Processing - C&D 100% 100%

Solid Waste Disposal 100% Services 100%

Post-Closure and 100% Remediation 100%

C-21 | Appendix 2016 Supplement to the Tacoma-Pierce County Solid Waste Management Plan Exhibit A to Ordinance No. 2016-83 136 Page 83 of 93 Exhibit A to Ordinance No. 2016-83

FUNDING MECHANISM SUMMARY—2021 (DOLLARS)

Solid Waste Tipping Fee Components Other Revenue Sources Dedicated System Fund A B C / D CPC Grants Reserve Other TOTAL Component Balance Funds Waste Reduction & Diversion $1,446,000 $1,000 $1,447,000 Public Outreach Environmental $645,000 $1,000 $646,000 Education

Capital Improvements $ -

Solid Waste System $1,837,000 $1,837,000 Administration

Code Enforcement $1,199,000 $401,000 $29,000 $1,629,000 Nuisance Abatement

Transfer Stations $16,679,000 $16,679,000

Processing - $13,760,000 $13,760,000 Composting

Processing - C&D $7,263,000 $7,263,000

Solid Waste Disposal $19,827,000 $19,827,000 Services

Post-Closure and $326,000 $326,000 Remediation TOTAL $16,679,000 $21,023,000 $19,827,000 $5,127,000 $0 $326,000 $401,000 $31,000

C-22 | Appendix 2016 Supplement to the Tacoma-Pierce County Solid Waste Management Plan Exhibit A to Ordinance No. 2016-83 137 Page 84 of 93 Exhibit A to Ordinance No. 2016-83

FUNDING MECHANISM SUMMARY—2021 (PERCENTAGE)

Solid Waste Tipping Fee Components Other Revenue Sources Dedicated System Fund A B C / D CPC Grants Reserve Other TOTAL Component Balance Funds Waste Reduction & Diversion 100% 0% 100% Public Outreach Environmental 100% 0% Education 100%

Capital Improvements 0%

Solid Waste System 100% Administration 100%

Code Enforcement 74% 25% 2% Nuisance Abatement 100%

Transfer Stations 100% 100%

Processing - 100% Composting 100%

Processing - C&D 100% 100%

Solid Waste Disposal 100% Services 100%

Post-Closure and 100% Remediation 100%

C-23 | Appendix 2016 Supplement to the Tacoma-Pierce County Solid Waste Management Plan Exhibit A to Ordinance No. 2016-83 138 Page 85 of 93 Exhibit A to Ordinance No. 2016-83

D. SIX-YEAR CAPITAL AND OPERATIONAL FINANCING None of the objectives, nor related actions, contained in the 2016 Supplement require immediate planning or implementation of new capital projects. The following objectives might, upon further analysis as discussed in the associated actions, trigger a need for capital improvements (e.g., facility expansions) or capital acquisitions (e.g., new equipment or containers). As might be expected, the listed objectives can all be found in the System section of the Supplement befitting the goal that “we support and expand opportunities to minimize waste.”

Capital Project Improvement or Implementation of a Objective Description Acquisition Capital Project Responsible Party Funding Source Pierce County evaluates the Containers 2018 or later Certificated and Ratepayers as part feasibility of standardized contracted solid waste of normal capital Vehicles recycling, yard waste and collection companies; replacement cycle. S-1 garbage collection in all and possibly the City sectors of the county. of Tacoma and Town of Ruston. Pierce County and the City of Transfer Station 2018 or later Per Action Strategy 3 associated with this objective, Tacoma implement strategies Improvements the lead agencies will be looking to partners to lead to expand the variety of and finance diversion opportunities. S-2 materials targeted for diversion at transfer stations, where feasible. In Pierce County, people can Recycle containers 2021 or later (outside the Pierce County To be determined as part recycle away from home as made available for time frame of this solid of the 2020 Solid Waste S-4 easily as they can at home. placing in public waste plan). Management Plan. spaces.

Separate from the formal solid waste management planning process, both Pierce County and the City of Tacoma prepare six year capital improvement plans affecting their agency operations. Rather than repeating those plans within this 2016 supplement, we direct readers to the following websites:

Pierce County Capital Plan www.co.pierce.wa.us/DocumentCenter/View/32917 (see page 52)

Tacoma Capital Plan cms.cityoftacoma.org/finance/budget/2015-2016/cfp_2015-2020/final_cfp_2015-2020.pdf (see page II-225)

D-1 | Appendix 2016 Supplement to the Tacoma-Pierce County Solid Waste Management Plan Exhibit A to Ordinance No. 2016-83 139 Page 86 of 93 Exhibit A to Ordinance No. 2016-83

E. TWENTY-YEAR PROJECTED NEEDS FOR For the purposes of projecting long-term capacity needs for MSW1, SOLID WASTE HANDLING Pierce County maintains a 20-year forecast for the entire County, including the Tacoma and JBLM waste management systems. It is Chart E-1 reviewed each year as part of the Landfill Capacity Analysis (see MSW Tonnage—Maximum Need / No Appendix F) and checked against official population increases and Action actual disposed MSW and non-MSW tonnages. MSW Tons Year Population Forecasting is based on using official population projections2. It (4.5-lbs) represents long-term trends but does not include projections of short- 2016 841,047 690,710 term or seasonal patterns. 2017 852,088 699,777 Chart E-1 is the No Action Scenario representing tonnage disposal 2018 863,386 709,056 needs needed if the three solid waste systems fail to reduce the amount 2019 874,876 718,492 of waste generated. This projection uses a conservative assumption of 2020 886,561 728,088 a constant per capita MSW disposal rate of 4.5 pounds per day which, 2021 898,444 737,847 although higher than current (2015) disposal rate, is close to the rate 2022 910,530 747,773 used for developing both the 2000 Solid Waste Management Plan 2023 922,822 757,867 and the 2008 Supplement. This conservative approach ensures that 2024 935,323 768,134 sufficient capacity has been planned in case the population grows faster 2025 948,039 778,577 or if the disposal rate increases. 2026 960,972 789,199 This scenario shows a 20-year need for 15.7 million tons of disposal 2027 974,128 800,003 capacity for municipal solid waste. As shown more clearly in Appendix 2028 987,511 810,993 F, the LRI Landfill could accommodate all of this waste if it reduced how much non-MSW waste it accepted for disposal. In addition to the 2029 1,001,124 822,173 LRI Landfill, the Pacific Northwest is served by large regional landfills, 2030 1,014,972 833,546 most located in south-central Washington and central Oregon. Although 2031 1,029,060 845,116 Pierce County has not conducted an independent analysis, Portland 2032 1,043,392 856,886 METRO has determined there is “more than 100 years of capacity 2033 1,057,974 868,861 available among seven landfills within 200 miles of Portland.”3 2034 1,072,809 881,045 2035 1,087,903 893,441 Total Tons: 15,737,582

1 The projections are solely for contracted municipal solid waste (MSW). A substantial amount of non-MSW waste, such as contaminated soils, is disposed at the LRI Landfill. This data chart replaces Table 8-2 of the 2000 Solid Waste Management Plan and Chart 5 in Appendix B of the 2008 Supplement. 2 The population projections are based on population forecasts adopted by Pierce County in association with the 2015 Comprehensive Plan update (Pierce County Ordinance 2015-40) and adopted Growth Management Act population projections (Pierce County Ordinance 2011-36s). 3 www.oregonmetro.gov/public-projects/solid-waste-roadmap/landfill-capacity

E-1 | Appendix 2016 Supplement to the Tacoma-Pierce County Solid Waste Management Plan Exhibit A to Ordinance No. 2016-83 140 Page 87 of 93 Exhibit A to Ordinance No. 2016-83

Chart E-2 As described on page 6, this 2016 Supplement continues using 1.09 pounds of municipal solid waste disposal per person per day as the MSW Tonnage—20 Year Plan Target three disposal systems’ performance goal or target. Avg lbs per Year Population person per MSW Tons The most recent data available show that residents and business of day the Pierce County system are disposing approximately 3.5 pounds per 2016 841,047 3.58 550,167 person per day. In Tacoma, with a larger commercial and industrial base, the current figure is approximately 4.45. At JBLM it is 4.55. Averaged 2017 852,088 3.46 537,443 together, the residents and businesses across the three systems dispose 2018 863,386 3.33 525,078 3.76 pounds per person per day. 2019 874,876 3.21 513,019 Chart E-2 uses the same population forecasts as in Chart E-1 and shows 2020 886,561 3.10 501,258 the pathway, or annual disposal reduction targets, necessary to reach 2021 898,444 2.99 489,789 the target of 1.09 pounds by 2040. This scenario shows a 20-year need 2022 910,530 2.83 470,660 for 8.3 million tons of disposal capacity for municipal solid waste or just 2023 922,822 2.69 452,292 about half as much need as under the worst-case or no-action scenario. 2024 935,323 2.55 434,652 For the next six years (2016 to 2021), the chart forecasts 20 percent 2025 948,039 2.41 417,712 reductions in the per capita disposal needs of Pierce County, Tacoma 2026 960,972 2.29 401,443 and JBLM. Given differential population growth rates, the overall decline 2027 974,128 2.17 385,818 averaged across three systems is closer to 21 percent, down to 2.99 2028 987,511 2.06 370,812 pounds per person per day in 2021. 2029 1,001,124 1.95 356,399 2030 1,014,972 1.85 342,555 2031 1,029,060 1.75 329,258 2032 1,043,392 1.66 316,486 2033 1,057,974 1.58 304,217 2034 1,072,809 1.49 292,431 2035 1,087,903 1.42 281,110 Total Tons: 8,272,599

E-2 | Appendix 2016 Supplement to the Tacoma-Pierce County Solid Waste Management Plan Exhibit A to Ordinance No. 2016-83 141 Page 88 of 93 Exhibit A to Ordinance No. 2016-83

Chart E-3 The previous two charts focus on MSW disposal needs for twenty years, a planning horizon specifically required by RCW 70.95.090(2). Chart E-3 MSW Tonnage Capacity continues the data shown in Chart E-2 to 2040, the year Pierce County Avg lbs per plans to reach its performance target of 1.09 pounds of waste disposed Year Population person per MSW Tons per person per day. day 2016 841,047 3.58 550,167 Readers can use the “lbs. per person per day” as a performance metric for any subset of the regional solid waste system (i.e., a city, 2017 852,088 3.46 537,443 unincorporated areas) simply by multiplying the population of the sub- 2018 863,386 3.33 525,078 area by the metric. 2019 874,876 3.21 513,019 2020 886,561 3.1 501,258 2021 898,444 2.99 489,789 2022 910,530 2.83 470,660 2023 922,822 2.69 452,292 2024 935,323 2.55 434,652 2025 948,039 2.41 417,712 2026 960,972 2.29 401,443 2027 974,128 2.17 385,818 2028 987,511 2.06 370,812 2029 1,001,124 1.95 356,399 2030 1,014,972 1.85 342,555 2031 1,029,060 1.75 329,258 2032 1,043,392 1.66 316,486 2033 1,057,974 1.58 304,217 2034 1,072,809 1.49 292,431 2035 1,087,903 1.42 281,110 2036 1,103,262 1.34 270,234 2037 1,118,889 1.27 259,785 2038 1,134,790 1.21 249,747 2039 1,150,971 1.14 240,103 2040 1,167,437 1.09 230,837 Total Tons: 9,523,305

E-3 | Appendix 2016 Supplement to the Tacoma-Pierce County Solid Waste Management Plan Exhibit A to Ordinance No. 2016-83 142 Page 89 of 93 Exhibit A to Ordinance No. 2016-83

F. LANDFILL CAPACITY Chart F-1 Policy 6.1 of the 2008 Supplement required Pierce County to review Landfill Capacity Analysis Scenarios: 2009 to 2014 whether the LRI Landfill had sufficient capacity to annually accept more than 100,000 tons of MSW from the City of Tacoma, and whether Smaller Landfill Footprint Large Landfill Footprint accepting this waste would negatively impact the ability of the LRI No Relocation of Woodbrook Relocation of Woodbrook Road Landfill to serve as the County’s primary disposal site. This review was Road necessary to resolve certain conditions and restrictions on Tacoma’s use of the landfill as contained in the Conditional Use Permit issued by Total Capacity: 29.4 Million Total Capacity: 34.4 Million Pierce County for the LRI Landfill in 1996. Cubic Yards Cubic Yards The County recognized that the review required by Policy 6.1 would have utility beyond the immediate decision about Tacoma’s waste. To No Action (2007 Level) that end, Pierce County negotiated to include an annual landfill capacity Disposal at 4.5 pounds per capita per day review in the Waste Handling Agreement. Section 4.5.2 of the 2008 Implement Plan Pierce County—LRI Waste Handling Agreement requires LRI to annually have an independent third-party engineer prepare a report on remaining Disposal declines to 1.09 pounds per capita per day by 2032 capacity in the LRI Landfill. The “Landfill Capacity Analysis” documents (per 2008 Supplement Appendix F) disposal of MSW and non-MSW wastes dating back to the landfill New Normal (post-Recession) opening in December 1999, and then projects future disposal based on scenarios developed in partnership with Pierce County. Disposal declines to 1.09 pounds per capita per day by 2032 recognizing significant tonnage declines from 2007 to 2010 The first review, conducted at the end of 2009, was reported to the Solid Waste Advisory Committee in February 2010. This reporting was part of the compliance with policy 6.1 and the eventual decision that accepting more than 100,000 tons of MSW from Tacoma each year Chart F-2 would not negatively impact the County’s use of the landfill. In reaching Landfill Capacity—February 2010 Report that conclusion, Pierce County analyzed three future disposal trend Smaller Landfill Footprint Large Landfill Footprint scenarios for each of two landfill capacity scenarios. Chart F-1 shows No Action April 2025 No Action January 2029 these six scenarios and Chart F-2 reports the result of the first analysis. Implement Plan Implement Plan The mid-range view was that a smaller footprint landfill would remain January 2031 February 2041 open and available until 2030 and a larger footprint landfill until 2038. New Normal New Normal December 2035 March 2046

F-1 | Appendix 2016 Supplement to the Tacoma-Pierce County Solid Waste Management Plan Exhibit A to Ordinance No. 2016-83 143 Page 90 of 93 Exhibit A to Ordinance No. 2016-83

Analysis for 2016 Supplement Scenario 1—No Action Annually, LRI continues to report on how much volume has been The No Action Scenario assumes no implementation of the objectives consumed in its landfill and how much capacity remains. This appendix and actions contained in this supplement and an increase in overall per updates the Landfill Capacity Analysis Report prepared at the end of person disposal up to what is considered our historic average peak of 2014. Projected population now reflects the projections included in the 4.5 pounds per person per day. (See Chart E-1) Disposal of soils and 2015 Comprehensive Plan and the scenarios are modified to reflect other non-MSW remains constant at the historic average of 350,000 current realities. tons per year. Under this scenario, the LRI Landfill reaches capacity and closes in November 2030. • Contractual and planning decisions over the past year have resulted in concrete work to relocate Woodbrook Road allowing Note that this scenario is roughly analogous to the Large Landfill LRI to achieve the full 34.4 million ton permitted capacity. It is no Footprint—No Action Scenario shown in Chart F-2. The difference longer necessary to plan for a smaller footprint landfill. between the two can be attributed to the fact that from 2009 to date • For MSW, it is appropriate to use the same No Action and Plan residents and businesses have disposed well under 4.5 pounds Target Scenarios presented in Charts E-1 and E-2. per person per day due to waste reduction and diversion activities. Reduction and diversion can therefore be shown to have the real impact of extending the life of the landfill.

Chart F-3 Scenario 2—Plan Target Landfill Capacity—October 2015 Report The Plan Target Scenario assumes implementation of the objectives and actions contained in this supplement so that per person disposal Scenario 1—No Action Scenario 2—Plan Target decreases in line with that presented in Chart E-3, progressing to 1.09 MSW Disposal MSW Disposal pounds per person per day by 2040. Disposal of soils and other non- Constant at 4.5 pounds Declines to 2.99 pounds MSW decline from current levels at a fixed 2 percent per year. Under this per person per day per person per day by scenario, the LRI Landfill reaches capacity and closes inApril 2042. starting in 2016 2016 and 1.09 by 2040 Compared to 2010, this Scenario 2 is most like the Large Landfill See Chart E-1 See Chart E-3 Footprint—Implement Plan scenario although the 2016 Supplement Other Tonnage Non-MSW Disposal slows the rate at which disposal will decline to 1.09 pounds per person per day (adding 8 years to reach the target) and assumes more soil Soils and non-MSW are Declines at a fixed 2 and non-MSW will be disposed in the landfill than in the 2010 analysis. disposed at constant rate percent per year This more conservative approach lends a degree of confidence to this equal to the 1999 to 2015 assessment and projected closure date. average of 350,000 tons per year Estimated Closure Date Estimated Closure Date November 2030 April 2042

F-2 | Appendix 2016 Supplement to the Tacoma-Pierce County Solid Waste Management Plan Exhibit A to Ordinance No. 2016-83 144 Page 91 of 93 Exhibit A to Ordinance No. 2016-83

G. MINIMUM SERVICE LEVEL ORDINANCES Minimum Service Level Ordinances are requirements established by Pierce County for residential curbside recycling and yard waste collection. These requirements must be met by the solid waste collection companies operating in unincorporated portions of the county. The Minimum Service Level Ordinances are found in Pierce County Code, Chapter 8.29:

• Minimum Service Levels for Residential Recycling (Ord. #2004-64) http://www.codepublishing.com/WA/PierceCounty/#!/ PierceCounty08/PierceCounty0829.html#8.29 • Minimum Service Levels for Multi-Family Recycling (Ord. #91-86 (copies available upon request)) • Minimum Service Levels for Yard Waste Collection (Ord. #92-22) (copies available upon request)

G-1 | Appendix 2016 Supplement to the Tacoma-Pierce County Solid Waste Management Plan Exhibit A to Ordinance No. 2016-83 145 Page 92 of 93 Exhibit A to Ordinance No. 2016-83

H. RESOLUTIONS, INTERLOCAL AGREEMENTS AND CONCURRENCE LETTERS FROM CITIES AND TOWNS The following cities and towns adopted Resolutions with Pierce County to implement the 2000 Tacoma-Pierce County Solid Waste Management Plan and enter into a 20 year planning and implementation partnership. Copies of the following are available upon request:

City and Town Resolution Numbers City of Bonney Lake Resolution No. 872 City of Buckley Resolution No. 02-01 Town of Carbonado Resolution No. 128 City of DuPont Resolution No. 01-237 Town of Eatonville Resolution No. 2001-H City of Edgewood Resolution No. 01-90 City of Fife Resolution No. 706 City of Fircrest Resolution No. 669 City of Gig Harbor Resolution No. 566 City of Lakewood Resolution No. 2001-16 City of Milton Resolution No. 1441 City of Orting Resolution No. 2001-02 City of Puyallup Resolution No. 1677 City of Roy Resolution No. 423 Town of Ruston Resolution No. 325 Town of South Prairie Resolution No. 208 Town of Steilacoom Resolution No. 992 City of Sumner Resolution No. 1031 City of Tacoma Resolution No. 3511 City of University Place Resolution No. 300 Town of Wilkeson Resolution No. 2001.02

H-1 | Appendix 2016 Supplement to the Tacoma-Pierce County Solid Waste Management Plan Exhibit A to Ordinance No. 2016-83 146 v.20170301 Page 93 of 93 REQUEST FOR COUNCIL ACTION

DATE ACTION IS TITLE: Resolution approving the 2017 TYPE OF ACTION: REQUESTED: Chambers Creek Regional Park Master June 19, 2017 Site Plan __ ORDINANCE  RESOLUTION NO. 2017-14 ATTACHMENTS: 1. Draft resolution; MOTION 2. 2017 Chambers Creek Regional Park OTHER Master Site Plan SEIS; 3. Chambers Creek Regional Park Master REVIEW: Site Plan Update (document); June 12, 2017 4. Chambers Creek Regional Park Master Site Plan Update (PowerPoint); and 5. 2017 Chambers Creek Regional Park Master Site Plan SEIS Public Comments;

SUBMITTED BY: David Bugher, Assistant City Manager, Development Services

RECOMMENDATION: It is recommended that the Mayor and City Council adopt the attached Draft Resolution approving the 2017 Chambers Creek Regional Park Master Site Plan

DISCUSSION: : Pierce County through its Public Works and Utilities Department acquired the 930+ acre Chambers Creek Properties for both wastewater recycling uses and public recreation and open space purposes. In 1995, the County began the process of planning for the Chambers Creek Properties, which culminated in the adoption of the Chambers Creek Properties Master Site Plan and Final Environmental Impact Statement in 1997.

The Pierce County Council passed Ordinance No. 97-71S on August 19, 1997, which adopted the “Chambers Creek Properties Master Site Plan.” Thereafter, the cities of University Place, Lakewood, and Pierce County entered into a “Joint Procedural Agreement” (JPA) regarding the Chambers Creek Properties (and the Chambers Creek Properties Master Site Plan), to facilitate use and development of the Chambers Creek Properties. The documents are to be updated every 10 years. (Continued on next page.)

ALTERNATIVE(S): Take no action on the Draft Resolution; or adopt the Draft Resolution with conditions.

FISCAL IMPACT: The actual adoption of the resolution has no immediate fiscal impact. However, in future years, the City may be asked to participate in the funding of capital improvements within Chambers Creek Canyon. Such approval would be through future budgetary actions and a modified capital facilities program.

Prepared by

City Manager Review Department Director

147 DISCUSSION, CONTINUED: In 2007, the Chambers Creek Properties Master Site Plan was updated which allowed the inclusion of lodging in support of the golf course. In 2016, Pierce County solicited a Request for Qualifications (RFQ) for the construction of a resort development including but not limited to lodging, restaurants, golf course clubhouse, banquet and meeting space, golf course practice /teaching facilities parking, trail connections, water access and related amenities. Pierce County announced it had selected a proposal from Chambers Bay LLC which included hotel rooms and golf villas, event space, a restaurant spa, and public amenities including an overlook and improvement to the existing trail system near the main entrance to the park. Later that year, Pierce County initiated a second 10 year Chambers Creek Master Plan update. The update was recently completed. Pierce County is now requesting that the original signatories to the JPA approve the updated Master Plan.

Public Outreach: Pierce County conducted public outreach throughout 2016 and 2017. The outreach included a series of open houses, an online survey, focus group meetings, special events activities occurring on the Chambers Creek Properties, use of social media and council briefings (Pierce County, University Place, and Lakewood).

Lakewood City Council: The Council received an update on January 23, 2017. Comments from Council minutes are as follows:

“Mr. Joseph Coppo, Senior Parks and Recreation Planner, Pierce County Parks and (the City’s) Recreation Department provided an update on the Chambers Creek Master Site Plan.

Discussion ensued on expanding the dog-leash area when it was not one of the higher ranking survey responses for facility improvements; finding advocates for supporting a dog-leash area; are there current improvements in the 65 acres at the south end (there is no public access at the current time); and what is the time frame for improvements (10 years) and the funding sources (grants, funding partnerships).”

On April 24, 2017, the City Council received another related update regarding the Chambers Creek Canyon trail design. Information was received from Lakewood’s Parks and Recreation Director, Mary Dodsworth, and the City of University Place’s Public Works Director, Gary Cooper. Discussion focused on the various phases of the project and whether or not an amendment to the Shoreline Management Plan would be required.

City of Lakewood Staff Comments: Staff reviewed both the Chambers Creek Regional Park Master Plan and the Draft Supplemental Impact Statement (SEIS). Staff’s review focused on the Chambers Creek Canyon. One comment was submitted:

“Given the environmentally sensitive nature of the Chambers Creek Canyon and the water quality concerns of Chambers Creek as noted in Section 2.2 of the Draft SEIS, the City of Lakewood recommends that language referring to the possible development of an off-leash dog area along the Chambers Creek Canyon trail be removed from the Chambers Creek Canyon Master Site Plan.”

(The final document was amended to reflect the City’s concern.)

Contents of the Updated Master Plan: The updated Master Plan would add the following features/facilities:

In the South area - 1. Fitness paths/active recreation areas; 2. Barbecue and picnic facilities; 3. Volleyball/athletic facilities; 4. Environmental interpretive stations; 5. Observation tower; 148 6. Non-motorized boat launch; 7. Event pavilion/plaza; 8. Public restroom(s), 9. Viewing platforms/decks; and 10. Wayfinding signage.

In the South Beach area - 1. Tunnel/bridge access; 2. Picnic areas; and 3. Viewing overlook.

In the Central Meadow Area - 1. 190 units of resort hotel and extended stay lodging; 2. Resort complex to include clubhouse, event space, spa, and pro shop; 3. Public restroom(s); 4. Maintenance/administrative facilities; and 5. Wayfinding signage.

In the Wastewater Treatment Plant Area - 1. Burlington Northern Santa Fe Rail access.

In the Grandview Trail area - 1. Wayfinding Signage, and 2. Environmental interpretive stations.

In the North area - 1. Public restroom(s); and 2. Wayfinding Signage.

In the Environmental Services area - 1. Public restroom(s); 2. Maintenance/administrative facilities; and 3. Environmental interpretive stations.

In the Chambers Creek Canyon area - 1. Public Restroom(s); and 2. Environmental interpretive stations.

Other modifications: 1. The restaurant area would be reduced in size from 20,000 square feet to 10,000 square feet; and 2. The golf course support facilities would also be reduced from 28,000 square feet to 15,000 square feet.

Lastly, the updated Master Plan would delete the following features/facilities: 1. Bus storage and maintenance facilities; 2. Commercial offices; 3. Railroad relocation; 4. South beach dock restoration; 5. Boardwalk along Puget Sound; 6. Environmental institute, library, and education center at 36,000 square feet; 7. Mooring buoys; 8. Motorized boat launch; 9. Native plant arboretum; 149 10. Production nursery; 11. Visitor center; 12. Water production (which is outside the scope of the Master Site Plan); 13. Standalone clubhouse; and 14. Off-leash area in the canyon area.

AMENDED RESOLUTION: At the request of Pierce County staff and University Place, the draft resolution has been amended to include language that the proposed restaurant uses remain at 20,000 square feet.

Special note on the following attachments: The documents listed below are very large and are not attached to the memorandum. The reader is directed to the City of Lakewood Community Development Home Page at https://www.cityoflakewood.us/community-development

Near the top of the page is the title, “Chambers Creek Regional Park Master Site.” Below the title are four links that will take you to the following documents:

2017 Chambers Creek Regional Park Master Site Plan SEIS; Chambers Creek Regional Park Master Site Plan Update (document); Chambers Creek Regional Park Master Site Plan Update (PowerPoint); 2017 Chambers Creek Regional Park Master Site Plan SEIS Public Comments;

150 RESOLUTION NO. 2017-14

A RESOLUTION of the City Council of the City of Lakewood Washington, approving the second update of the Chambers Creek Properties Master Site Plan pursuant to the Joint Procedural Agreement.

WHEREAS, Pierce County through its Public Works and Utilities Department acquired the 930+ acre Chambers Creek Properties for both wastewater recycling uses and public recreation and open space purposes; and

WHEREAS, in 1995, the County began the process of planning for the Chambers Creek Properties, which culminated in the adoption of the Chambers Creek Properties Master Site Plan and Final Environmental Impact Statement in 1997; and

WHEREAS, the Pierce County Council passed Ordinance No. 97-71S on August 19, 1997, which adopted the “Chambers Creek Properties Master Site Plan;” and

WHEREAS, the City of University Place, the City of Lakewood and Pierce County entered into a “Joint Procedural Agreement” (JPA) regarding the Chambers Creek Properties and the Chambers Creek Properties Master Site Plan, to facilitate use and development of the Chambers Creek Properties; and

WHEREAS, the Chambers Creek Properties Master Site Plan and Joint Procedural Agreement includes direction for updating the plan every 10 years; and

WHEREAS, the Chambers Creek Properties Master Site Plan was updated in 2007; and

WHEREAS, on February 8, 2016 Pierce County issued a Request for Qualifications for the construction of a resort development including but not limited to lodging, restaurants, golf course clubhouse, banquet and meeting space, golf course practice / teaching facilities, parking, trail connections, water access and related amenities; and

151 WHEREAS, Pierce County informed the cities of University Place and Lakewood that the County was beginning the second 10 year update process; and

WHEREAS, Pierce County held public open houses on May 26th and October 5th 2016, conducted a countywide survey, met with interest groups and solicited comment on the County’s website to develop a ranked list of proposed changes to the Master Site Plan; and

WHEREAS, of the Chambers Creek Properties Master Site Plan Update Steering Committee met several times throughout 2016 and the first half 2017 to review the results of the public open houses, countywide survey and other comments received on the County’s website and resulting Master Site Plan update proposals; and

WHEREAS, on October 17, 2016 the Pierce County Executive announced Pierce County had selected a proposal from Chambers Bay LLC which included both hotel rooms and golf villas, event space, a restaurant, spa, and public amenities including an overlook and improvement to the exiting trail system near the main entrance to the park; and

WHEREAS, Pierce County proposes the Chambers Creek Properties Master Site Plan be amended to add: In the South area, . Fitness Paths/Active Recreation Areas, . Barbecue and Picnic Facilities, . Volleyball/Athletic Facilities, . Environmental Interpretive Stations, . Observation Tower, . Non-Motorized Boat Launch, . Event Pavilion/Plaza, . Public Restroom(s), . Viewing Platforms/Decks, . Wayfinding Signage; and In the South Beach area,

152 . Tunnel/bridge access, . Picnic Areas, . Viewing Overlook, and In the Central Meadow Area, . 190 units of resort hotel and extended stay lodging . Resort Complex to include clubhouse, event space, spa, and pro shop, . Public Restroom(s), . Maintenance/Administrative Facilities, . Wayfinding Signage, and In the Wastewater Treatment Plant Area, . Burlington Northern Santa Fe Rail Access, and In the Grandview Trail area, . Wayfinding Signage, . Environmental Interpretive Stations, and In the North area, . Public Restroom(s), . Wayfinding Signage, and In the Environmental Services area, . Public Restroom(s), . Maintenance/Administrative Facilities, . Environmental Interpretive Stations, and In the Chambers Creek Canyon area, . Public Restroom(s), . Environmental Interpretative Stations; and

WHEREAS, Pierce County proposes the Chambers Creek Properties Master Site Plan be amended to delete: . Bus Storage and Maintenance Facilities, . Commercial Offices, . Railroad Relocation, . South Beach Dock Restoration,

153 . Boardwalk Along Puget Sound, . Environmental Institute, Library, and Education Center at 36,000 sq. ft, . Mooring Buoys, . Motorized Boat Launch, . Native Plant Arboretum, . Production Nursery, . Visitor Center, . Water Production, which is outside the scope of the Master Site Plan . Stand Alone Clubhouse . Off-Leash Area in the Canyon Area; and

WHEREAS, Pierce County proposes the Chambers Creek Properties Master Site Plan be amended to reduce: . Restaurant area from 20,000 square feet to 10,000 square feet. . Golf Course Support Facilities from 28,000 square feet to 15,000 square feet. and

WHEREAS, on March 1, 2017 the City of University Place acting as the Lead Agency issued a Programmatic Draft Supplemental Environmental Impact Statement for review and comment with notice published in the Tacoma News Tribune; and

WHEREAS, the City of University Place and Pierce County jointly held a public open house on March 15, 2017 to take comments regarding the Programmatic Draft Supplemental Environmental Impact Statement to be included in the Final Supplemental Environmental Impact Statement; and

WHEREAS, on January 23, 2017, Pierce County Staff provided a presentation to the Lakewood City Council detailing the proposed master site plan update.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEWOOD, WASHINGTON HEREBY RESOLVES, as Follows:

154 Section 1. That the Chambers Creek Properties Master Site Plan and incorporated by reference, is adopted, Section 2. That the City Council of the City of Lakewood request that the County maintain the area of restaurant uses at 20,000 square feet to provide additional economic opportunity in the future,

Section 3. That this Resolution shall be in full force and effect upon passage and signatures herein.

PASSED by the City Council this 19th day of June, 2017.

CITY OF LAKEWOOD

______Don Anderson, Mayor

Attest:

______Alice M. Bush, MMC, City Clerk

Approved as to Form:

______Heidi Ann Wachter, City Attorney

155 REQUEST FOR COUNCIL ACTION

DATE ACTION IS TITLE: TYPE OF ACTION: REQUESTED: 2017-2019 AFSCME Collective ORDINANCE Bargaining Agreement RESOLUTION

REVIEW: ATTACHMENTS: X MOTION NO. 2017-32 Collective Bargaining Agreement OTHER Summary of Changes/Costs

SUBMITTED BY: Mary McDougal, Human Resources Director

RECOMMENDATION: It is recommended the City Council authorize the City Manager to execute the collective bargaining agreement (CBA) negotiated between the City of Lakewood and the American Federation of State, County and Municipal Employees (AFSCME) Local #1938 covering the period from 01/01/2017 through 12/31/2019. This action would amend any previously adopted Ordinances which identify AFSCME represented employees’ salaries and benefits.

DISCUSSION: City of Lakewood and AFSCME representatives have been negotiating for the past nine months. AFSCME represents approximately 85 employees working in a variety of positions and locations. AFSCME has ratified the tentative agreement. The major provisions include: • Term of Agreement: 3 years (01/01/2017 – 01/01/2019). • Eleven step salary schedule with 2% between steps implemented in 2017; 2% increase in 2017; 3% increase in 2018; 3% increase in 2019. • Reduce step increase eligibility from 4-6% in 2016, to 2-4% in 2017 to 2% in 2018 and 2019. • Classification mergers of 11 to 5 classifications; market adjustments for 5 classifications. • Move to Healthfirst 250 and Group Health $20 co-pay plans effective 01/01/2018. • Annual Health Savings Account (HSA) contributions increases ranging from $175 to $375 in 2018, and an additional $175 to $375 in 2019. • Increase of Paid Time Off (PTO) payout upon termination from 57.5% to 65%. • Increase annual boot allowance by $25 or $50 based on classification. (continued to page 2)

ALTERNATIVE(S): The Council could decide not to authorize execution of the AFSCME Agreement, however, this negotiated agreement is intended to be in the best interest of the City.

FISCAL IMPACT: Adoption of this agreement will create an additional fiscal impact of approximately $1,192,850 the three-year term of the agreement, and approximately $2,799,500 for the 6- year period ending 12/31/2022.

Prepared by

Mary McDougal, Human Resources Director City Manager Review

156 DISCUSSION CONTINUED:

• Combined standby lists for maintenance and traffic signal callouts; reduces employees on evening and weekend standby from 2 to 1. • Elimination of 24 classifications, a reduction from 60 in 2013-2016 collective bargaining agreement to 36 in the tentative agreement (addressed in separate Memorandum of Understanding).

157 AFSCME 2017 CBA Summary of Changes

The areas listed below are highlights of the changes in the labor agreement:

Item Financial Impact Financial Impact Term 2017 – 2019 6 Years 2017 – 2022

Agreed to a three year term 2017-2019

Salary Schedule/Step Increases Labor Agreement Total 6 Year Total

January 1, 2017 – Move to 11- $954,900 $2,280,900 step salary schedule with 2% step increases. Entry step is 4% above 2016 entry.

Wage Adjustments (COLA):

January 1, 2017 2% January 1, 2018 3% January 1, 2019 3%

Classification Mergers Labor Agreement Total 6 Year Total

• Merge classifications and $220,500 $441,000 adjust pay to reduce 11 finance, maintenance, clerical, court and animal control classifications to 5.

Health Insurance Labor Agreement Total 6 Year Total

• Status quo for 2017 $59,300 $176,300

• Effective 1/1/2018, move to AWC Healthfirst 250, Kaiser Pemanente $20 co- pay.

• Effective 1/1/2018, HSA annual contribution increases to: Employee $3175 Emp, Spouse $4250 158 Financial Impact Financial Impact Term 2017-2019 6 years 2017-2022 Health Insurance (continued)

ES 1 Child $5375 ES 2 Children $6375 Emp 1 Child $4250 Emp 2 Children $5375

• Effective 1/1/2019 HSA annual contribution increases to: Employee $3350 Emp, Spouse $4500 ES 1 Child $5750 ES 2 Children $6750 Emp Child $4500 Emp 2 Children $5750

Paid Time Off (PTO) Labor Agreement Total 6 Year Total

Increase PTO payout upon $23,400 $46,800 termination from 57.5% to 65%

Boot Allowance Labor Agreement Total 6 Year Total

Increase annual boot allowance $9,750 $19,500 from $100 to $125 for code enforcement and engineering technician positions; increase boot allowance from $200 to $250 for maintenance workers, inspectors, animal control, court compliance, and traffic signal technician positions.

Standby List Consolidation Labor Agreement Total 6 Year Total

Combine standby lists for -$75,000 Savings -$165,000 Savings maintenance and traffic signal callouts; reduces employees on evening and weekend paid standby from 2 to 1.

Totals $1,192,850 $2,799,500

159

AGREEMENT

by and between

and

LOCAL #1938

for the period

January 1, 2017 through December 31, 2019

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160 TABLE OF CONTENTS

Title Page Preamble 6 ARTICLE 1 DEFINITIONS 6

ARTICLE 2 RECOGNITION 8 2.1 Recognition 8 2.2 New Classifications 9 2.3 Modifications to Existing Classifications 10 2.4 Inclusion/Exclusion of Classifications 10 2.5 Unit Clarification

ARTICLE 3 UNION SECURITY 10 3.1 Union Membership 10 3.2 Union Dues 10 3.3 Payroll Deduction 11 3.4 Indemnification 11 3.5 Employee Roster/Union Officer List 11 3.6 Non-discrimination

ARTICLE 4 UNION/CITY RELATIONS 11 4.1 Union Access 11 4.2 Facility & Equipment Use 11 4.3 Employee Representatives 12 4.4 Orientation 12 4.5 Bulletin Boards 12 4.6 Contract Access 12 4.7 Negotiations Release Time 12 4.8 Grievance Release Time 12 4.9 Union Business 12

ARTICLE 5 EMPLOYMENT 13 5.1 Probationary Periods 13 5.2 Contractors 13

ARTICLE 6 HOURS OR WORK AND OVERTIME 13 6.1 Workweek/Workday 13 6.2 Standard Work Schedules 14 6.3 Outside Employment 14 6.4 Flex Time 14 6.5 Rest & Meal Breaks 14 6.6 Overtime 15 6.7 Standby 15 6.8 Callback 16 6.9 Compensatory Time 16 6.10 Declared Emergency Scheduling 17 6.11 Other Emergency Work Assignment Scheduling 17

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161 ARTICLE 7 EMPLOYMENT PRACTICES 18 7.1 Non-discrimination 18 7.2 Job Posting 18 7.3 Promotion 19 7.4 Reclassification 19 7.5 Demotion 20 7.6 City Policies 20 7.7 Personnel Files 20 7.8 Evaluations 20 7.9 Discipline/Corrective Action 21

ARTICLE 8 SENIORITY 22 8.1 Seniority 22 8.2 Probationary Period 22 8.3 Loss of Seniority 22 8.4 Seniority List 23 8.5 Application of Seniority 23

ARTICLE 9 WAGES 23 9.1 Wage Schedule 23 9.2 Hire-In Rates 25

ARTICLE 10 OTHER COMPENSATION 25 10.1 Standby Pay 25 10.2 Call Back Pay 25 10.3 Temporary Assignment Pay 26 10.4 Mileage Reimbursement 26 10.5Uniforms, Clothing, and Boots 26 10.6 Foreign Language Proficiency Pay 26 10.7 Tuition Reimbursement 26 10.8 Shift Differential 26

ARTICLE 11 HOLIDAYS 27 11.1 Holidays 27 11.2 Religious Observances 28 11.3 Holiday Observance 28 11.4 Holiday Compensation 28

ARTICLE 12 PAID TIME OFF (PTO) 28 12.1 Paid Time Off Accrual 28 12.2 Paid Time Off Accrual Maximum 29 12.3 Use of Paid Time Off 29 12.4 When Leave is Exhausted 29 12.5 Shared Paid Time Off 29 12.6 Payment of Paid Time Off Upon Separation 30

ARTICLE 13 ON THE JOB INJURIES /KOS/ L&I PREMIUMS 30 13.1 Kept on Salary (KOS) 30 13.2 Time Loss Compensation 30 13.3 L&I Premium 30

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162 ARTICLE 14 LEAVES OF ABSENCE 30 14.1 In General 30 14.2 Jury Duty/Court 30 14.3 Military Leave 31 14.4 Bereavement Leave 31 14.5 Seniority Adjustments 31 14.6 Leave Without Pay 31 14.7 Family Leave – FMLA 31 14.8 Maternity Leave 32

ARTICLE 15 HEALTH & WELFARE 32 15.1 Insurance Benefits 32 15.2 Flexible Spending Account (FSA) 34 15.3 Social Security Replacement and Retirement 34 15.4 Deferred Compensation 35

ARTICLE 16 LAYOFF & RECALL 35 16.1 Layoff 35 16.2 Notification of Layoff to Union 35 16.3 Seniority for Purposes of Layoff 35 16.4 Order of Layoff 35 16.5 Volunteering for Layoff 36 16.6 Notification of Layoff to Employees 36 16.7 Layoff Options 36 16.8 Recall 37 16.9 Re-employment 38 16.10 Unemployment Claims 38

ARTICLE 17 LABOR / MANAGEMENT COMMITTEES 39 17.1 Purpose of Committee 39 17.2 Composition of Committee 39 17.3 Compensation 39 17.4 Joint Labor Council 39

ARTICLE 18 SAFETY 39 18.1 Safe Workplace 40 18.2 Safety Plan 40 18.3 Drug Free Workplace 40 18.4 Workplace Violence 40

ARTICLE 19 GRIEVANCE PROCEDURE 40 19.1 Grievance Defined 40 19.2 Grievance Procedure 40 19.3 Schedule of Meetings 41

ARTICLE 20 NO STRIKE / NO LOCKOUT 42 20.1 No Strike/No Lockout 42

ARTICLE 21 MANAGEMENT RIGHTS AND RESPONSIBILITIES 42 21.1 Management Rights and Responsibilities 42

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163 ARTICLE 22 GENERAL PROVISIONS 43 22.1 Severability Clause 43 22.2 Conflict with Laws 43

ARTICLE 23 ENTIRE AGREEMENT 43 23.1 Duration Clause 43 23.2 Entire Agreement 43

SIGNATURES 44

APPENDICES APPENDIX A 45 APPENDIX B 53 APPENDIX C 56 APPENDIX D 57

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164 PREAMBLE

THIS AGREEMENT is made by and between the CITY OF LAKEWOOD, WASHINGTON, (hereinafter referred to as the “City”) and Local #1938, Washington State Council of County and City Employees of the American Federation of State, County and Municipal Employees, AFL- CIO, (hereinafter referred to as the “Union”).

The purpose of the Employer and the Union in entering into this Agreement is to set forth their entire agreement with regard to wages, hours, and working conditions so as to promote uninterrupted public service, efficient operations, and harmonious relations, giving full recognition to the rights and responsibilities of the City and the Employees.

ARTICLE 1 – DEFINITIONS

To the extent there is a conflict between the definitions contained in this Article and definitions elsewhere in this agreement, the definition contained in those articles shall prevail. The following terms shall be defined as follows:

1.1 Accrued Leave. Accrued leave shall include paid time off, floating holidays, management leave, and compensatory time (if applicable).

1.2 Application of Seniority. How an employee’s years of continuous service are utilized to determine his or her rights in regard to layoff, recall, overtime bidding, and scheduling of leave.

1.3 Bargaining Unit (Union). Local #1938, Washington State Council of County and City Employees of the American Federation of State, County and Municipal Employees, AFL-CIO.

1.4 Bumping. The displacement of a less senior regular employee by another regular employee with more seniority as described in Article 16.

1.5 Business Day. For the purpose of timelines associated with grievances, appeals and policy issues, an eight (8) hour business day, excluding weekends and observed holidays, unless otherwise specified.

1.6 Call-Back. An employee is specifically called back to work by his or her supervisor or management representative outside of the employee’s regularly scheduled hours.

1.7 City The City of Lakewood, Washington.

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165 1.8 Civil Service. In accordance with Chapter 41.12 RCW, all full-time employees of the Police Department are covered by a civil service personnel system, except for those positions that are exempt under RCW 41.12.050.

1.9 Demotion. The movement of an employee from one job classification to another job classification with a lower salary range. Demotions may be voluntary or disciplinary for cause.

1.10 Employee. A person occupying a position and paid a salary or wage by the City who is a member of the bargaining unit (as defined in Article 2.1 hereof) covered by this Agreement; but shall not include any person retained by the City under a written personal services or consultant contract or agreement.

1.11 Flex Time. An authorized alternative work schedule utilizing irregular starting or stopping times within an employee’s scheduled work period.

1.12 Grievance. A claim or dispute by an employee and/or the Union with respect to the interpretation or application of the express provisions of this Agreement.

1.13 Job Classifications. A position or group of positions with duties, responsibilities, and skill levels sufficiently alike to be equitably assigned the same title, same or similar qualification requirements, the same skill level, and the same salary range. Job classifications and salary steps are listed and categorized in Appendix A of this Agreement.

1.14 Loudermill Rights. The employee’s right to due process in certain disciplinary matters.

1.15 Paid Time Off (PTO). A scheduled work day or accumulation of scheduled work days on which an employee may, by pre-arrangement, continue to receive the regular rate of compensation although he or she does not work.

1.16 Probationary Period. An initial period of time following commencement of employment during which the employee will work under the terms of this Agreement but may be discharged without recourse to the grievance procedure.

1.17 Promotion When a represented employee is appointed through a competitive process to a higher paid classification.

1.18 Reclassification. A significant change in the job specification as a result of a reevaluation of the duties and responsibilities required of the position.

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166 1.19 Transfer. The reassignment of an employee to the same classification in a different department.

1.20 Trial Service Period. An initial period of time during which employees who are transferred, promoted, or demoted to another position and/or classification in the bargaining unit shall be evaluated for suitability for the position, consistent with Article 7.3.

1.21 Weingarten Rights. An employee’s right to Union representation during an interview that the employee reasonably believes may lead to disciplinary action.

1.22 Written Reprimand. A written document that describes both the problem and the needed correction, and the potential consequences if it reoccurs. A Written Reprimand shall be part of employee personnel file.

ARTICLE 2 – RECOGNITION

2.1 Recognition The City recognizes the Union as the exclusive collective bargaining representative for all regular employees of the City of Lakewood as noted in the classifications identified in Appendix A – Salary Schedules, and as per PERC Case # 22449-E-09-3468, Decision 10471-PECB, which states, ALL FULL-TIME AND REGULAR PART-TIME PROFESSIONAL, TECHNICAL AND CLERICAL EMPLOYEES OF THE CITY OF LAKEWOOD, EXCLUDING SUPERVISORS, CONFIDENTIAL EMPLOYEES AND ALL OTHER EMPLOYEES, and as subsequently amended by PERC or by mutual agreement of the parties. Temporary employees who perform similar work to regular employees for more than six months are included in the bargaining unit represented by the Union.

The following definitions apply:

A. Regular Full-time: An employee hired for an indefinite term of employment and regularly scheduled to work 40 or more hours per week. Regular full-time employees shall be eligible for benefits as provided by this Agreement and/or as legally required. Seniority shall accrue from the date of hire. B. Regular Part-time: An employee hired for an indefinite term of employment and regularly scheduled to work 20 or more hours per week but less than 40 hours per week. Regular part-time employees shall be eligible for pro-rated benefits as provided by this agreement and/or as legally required. Seniority shall accrue from the date of hire. C. Regular with End Date: An employee hired for a defined term of employment and who is anticipated to require more than one thousand and thirty-nine (1.039) hours in a twelve (12) month period. This position is eligible for the standard benefits package, which may be prorated to match the FTE percentage. D. Represented Temporary: An employee hired in excess of six (6) months but not longer than twelve (12) months and regularly assigned to work a minimum of 20 hours per

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167 week. Represented temporary employees will become members of the Union and shall be eligible for pro-rated benefits as provided by this Agreement beginning the first pay period following the employee’s completion of six (6) months of continuous employment in a temporary position. Seniority does not accrue unless the employee is later appointed to a regular position with no break in employment, in which case the employee shall be credited for time worked. Represented temporary employees serve “at will” and may be terminated or disciplined without recourse to the grievance procedure.

2.1.1 Exclusions The following categories of employee will be excluded from the bargaining unit:

A. All other represented employees of the City; all department managers, supervisors and confidential employees, consistent with PERC Decision 10471-PECB). B. Temporary employees: An employee hired for a limited term of employment not to exceed six (6) months who are needed to augment the workforce during absences, peak periods or emergent situations. Seniority does not accrue unless the employee is later appointed to a regular position with no break in employment, in which case the employee shall be credited for time worked. Temporary employees shall not be used to supplant or replace bargaining unit employees. All time constraints held herein shall be based on the position and shall not be started over should another person be placed in the same temporary position. Exceptions to this can be made upon signed mutual agreement between the parties. C. Seasonal employees: An employee hired for a specific limited term of employment in a position that is seasonal in nature and who is not anticipated to work more than one thousand and thirty nine (1,039) hours in a twelve (12) month period. This position is not eligible for benefits. D. Work Study & Interns: An employee who is a student or trainee and who is hired for a definite and limited term of employment not to exceed twelve (12) months and not to exceed one thousand and thirty-nine (1,039) hours worked in a calendar year, unless extended by mutual agreement. Work study and internship programs shall not be used to supplant or replace bargaining unit employees. E. Extra Hire: An employee hired for an indefinite term of employment and regularly scheduled to work less than 20 hours per week, and not to exceed one thousand and thirty-nine (1,039) hours in a calendar year, unless extended by mutual agreement.

2.1.2 Volunteers Both the City and the Union recognize the benefit of utilizing volunteers from the local community. Volunteers shall be limited to performing tasks that are supportive of work performed by regular bargaining unit employees and shall not otherwise supplant or replace bargaining unit employees.

2.2 New Classifications When new classifications are created, they shall be included or excluded from the bargaining unit consistent with the position’s duties, responsibilities, confidentiality and general

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168 organizational structure of the particular department. The City shall notify the Local Union President and Staff Representative of newly created classifications at least ten (10) business days prior to posting or advertising to fill the position.

2.3 Modifications to Existing Classifications When existing bargaining unit classifications are substantially modified, the City shall notify the Local Union President and Staff Representative at least ten (10) business days prior to the proposed effective date.

2.4 Inclusion/Exclusion of Classifications It is mutually agreed that it is the intent of the parties to meet, upon request by either party, in order to include or exclude new or modified classifications in the bargaining unit consistent with the duties, responsibilities, and organizational level of the classification.

The parties agree that new classification(s) designated by the City to be within the non- represented pay plans shall be excluded from the bargaining unit, absent a request to meet within thirty (30) calendar days.

2.5 Unit Clarification Either party to this Agreement reserves the right to submit a petition for unit clarification during the term of this Agreement pursuant to PERC rules and should there be a disagreement regarding the inclusion or exclusion of a position. Existing bargaining unit classifications shall remain within the bargaining unit absent mutual agreement by the parties or a decision by the Public Employment Relations Commission (PERC).

ARTICLE 3 – UNION SECURITY

3.1 Union Membership It shall be a condition of employment that all employees of the City covered by this Agreement shall become members of the Union and maintain membership in good standing by paying monthly dues during the term of this Agreement, and that newly hired employees of the City covered by this Agreement shall make application to join the Union within thirty (30) calendar days of hire, and maintain membership in good standing by paying monthly dues during the term of this Agreement; except that:

1. Rights of non-association shall be administered consistent with applicable State and Federal law. An employee may exercise their right of non-association by paying a service fee equal to Union dues in lieu of membership; and:

2. If an employee, for bona fide religious tenets as per RCW 41.56.122(1), does not desire to be a member of the Union, the employee shall, in lieu of membership, either a) pay to the Union a monthly service fee equivalent to regular Union dues or b) pay an equivalent amount monthly to a non-religious charity or another charitable organization that is agreeable to the Union and the employee and shall furnish proof that such payment has been made.

3.2. Union Dues Refusal to join the Union or to maintain membership in good standing by paying dues or refusal to pay a service fee or charitable contribution in lieu of membership shall be grounds for

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169 discharge. The Union shall advise the City in writing within thirty (30) calendar days of any employee who has failed to become or remain a member in good standing or to pay fees or charitable contributions in lieu of membership.

3.3 Payroll Deduction Upon written authorization of the employee, the City shall deduct from the paycheck of each employee, the regular monthly dues and/or service fees uniformly required of Union members. The amounts deducted shall be transmitted monthly to the WSCCCE Secretary-Treasurer on behalf of the employees. If an employee does not have a check due to the employee or the check is not large enough to satisfy the deduction, no deduction shall be made from the employee for that calendar month.

3.4 Indemnification The Union shall indemnify and hold the City harmless from any and all claims against the City arising out of administration of this Article, including the amounts of Union dues deducted and withheld from earnings and/or any discharges that may result.

3.5 Employee Roster/Union Officer List Upon request, the City shall provide the Union with a roster of employees covered by this Agreement pursuant to Article 8. The roster shall include name, address, salary, classification, department, hire date and termination date, where applicable.

The Union agrees to provide Human Resources with a list of officers and employee representatives within ten (10) calendar days of election or appointment. The City shall recognize the officers and employee representatives immediately when such list is received by Human Resources.

3.6 Non-discrimination Neither party shall discriminate against any employee because of membership in or non- membership in or activity on behalf of the Union. No employee shall be discharged or discriminated against for upholding Union principles, fulfilling duties as an officer in the Union or serving on a Union committee.

ARTICLE 4 – UNION / CITY RELATIONS

4.1 Union Access The Union’s authorized staff representatives shall have access during employee work hours to the City’s premises where employees covered by this Agreement are working for the purpose of investigating grievances and contract compliance, after notifying the City. Access for other purposes or during other hours shall not be unreasonably denied by the City. Such visits shall not interfere with or disturb employees in the performance of their work during working hours.

4.2 Facility & Equipment Use The conduct of Union business on City time and premises shall be subject to the limitations set forth in this Article and with the understanding that no Union member or officer shall use City equipment in the conduct of Union business; provided, that the Union shall be permitted to use the City e-mail system for the sole purpose of notifying Union members of meeting dates, times, and locations.

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170 The Union shall be permitted to use designated premises of the City for Union meetings, provided it is not disruptive to operations, space is available, and meetings are held on the employee’s time and not on the City’s.

4.3 Employee Representatives The Union shall be entitled up to fourteen (14) employee representatives, including officers. With notice to the City the employee representatives and/or officers shall be allowed reasonable time during working hours to investigate and process grievances, as defined in Article 4.8 and 4.9. Employee representatives and officers shall attend Union meetings on their own time.

4.4 Orientation On or about the same day as new hire orientation, a Union officer or employee representative shall be permitted, for up to fifteen (15) minutes and without loss of pay, to meet with new represented employees as a group to discuss the responsibilities and benefits of Union membership. The City shall incur no costs for travel time or mileage for Union officers or employee representatives.

4.5 Bulletin Boards The City shall provide space for a bulletin board for Union use in a common area of City Hall and at one common space for each City facility where bargaining unit employees are assigned. No materials shall be posted except notices of meetings and elections; results of elections; changes in Union by-laws; notices of employee social occasions; and/or similar Union notices, letters, and memoranda. All material shall be signed by an officer of the Union. The Union shall not post any non-Union-related material on the City’s premises on the bulletin board. It is the Union’s responsibility to maintain its bulletin boards.

4.6 Contract Access A copy of this Agreement will be located in the Human Resource office and available for review by employees in the bargaining unit during regular City Hall business hours.

4.7 Negotiations Release Time The City will make a good faith effort to provide release time for Union negotiating team members participating in contract negotiations if negotiations take place on work time, provided that coverage can be arranged.

4.8 Grievance Release Time Prior to any proposed investigation of a grievance, employee representatives or officers shall provide notice of the grievance to their supervisor and the grievant’s supervisor. Grievance release time will be granted unless the employee representative, officer or the grievant is working on something that requires immediate attention. If permission cannot be immediately granted, the City will arrange for investigation of the grievance at the earliest possible time. When it is necessary for employee representatives or officers to conduct Union business authorized by this Agreement in an area or on a shift other than their own, they shall notify the supervisor of that area or shift of their presence and of the nature of their business. No compensation shall be provided by the City for such employee representative activities outside the employee’s work shift, without express preauthorization by the employee representative’s department director or Human Resources.

4.9 Union Business When reasonably possible, Union representatives will notify their supervisors or Directors when participating in Union business during regular business hours. Consistent with Articles 4.3 and

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171 4.8, employee representatives and/or officers may request and will be afforded reasonable time for the investigation of a grievance and compliance issues pursuant to this Agreement. Other Union business shall not be conducted on City time.

4.9.1 Any concerns by the City which indicate that a Union officer or employee representative is spending an unreasonable amount of time performing Union duties shall be referred to Human Resources for discussion and resolution with the staff representative of the Union or designee.

ARTICLE 5 – EMPLOYMENT

5.1 Probationary Periods

5.1.1 Non-Civil Service - New employees shall be subject to a six (6) month probationary period.

The City may extend the probationary period for new employees up to an additional six (6) months, to a maximum of twelve (12) months. The City shall provide written notice of intent to extend a probationary period to the employee at least fourteen (14) calendar days prior to the probationary period’s expiration. If the City fails to provide written notice of probation extension, the employee shall be deemed to have successfully completed their probation.

5.1.2 Civil Service - New employees shall be subject to a twelve (12) month probationary period.

The City may extend the probationary period for new employees up to an additional six (6) months, to a maximum of eighteen (18) months. The City shall provide written notice of intent to extend a probationary period to the employee at least fourteen (14) calendar days prior to the probationary period’s expiration. If the City fails to provide written notice of probationary extension, the employee shall be deemed to have successfully completed their probation.

5.2 Contractors The City will act in good faith to limit bargaining unit work to employees covered by this Agreement. “Contractors” who are not employees of the City will be permitted to do bargaining unit work where both the need is occasional and agreed to between the City and the Union.

ARTICLE 6 – HOURS OF WORK AND OVERTIME

6.1 Workweek/Workday The City’s defined work week is Monday through Sunday, beginning and ending at midnight Sunday. The standard work day shall be a regularly scheduled primary work day consisting of eight (8) consecutive hours.

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172 6.2 Standard Work Schedules A standard full-time work schedule shall normally consist of forty (40) hours of time compensated within a five (5) consecutive day period, with shifts commencing not before 6:00 am and ending by 6:00 pm. The typical work schedule shall not include both Saturday and Sunday unless mutually agreed upon. Employees shall not be assigned split shifts, or any shift with more than one hour of unpaid time off in a single workday, without mutual consent or as permitted by Article 6.8. The City agrees to provide employees with at least fourteen (14) days’ written notice of a change to the employee’s work schedule, unless mutually agreed by the employee and the supervisor. The assignment of overtime shall not be considered a schedule change and is not subject to the 14 day written notice requirement.

6.2.1 Alternative Work Schedules - An alternative work schedule (e.g.: 4x10, 9x80, or other mutually agreeable option) may be approved by a department head and City Manager after an employee submits a request for alternate work schedule form. An alternate schedule will include at least two (2) consecutive days off per week. In the event an approved flexible and alternative work schedule is terminated by the City through no fault of the employee, and barring any unforeseen extenuating circumstances, the employee shall be provided with thirty (30) calendar days written notice to make personal arrangements to enable compliance with a revised schedule. The revised schedule will be effective at the beginning of the first pay cycle following the thirty (30) day notice period. In the event a flexible or alternative work schedule is terminated as a result of a disciplinary action, the change will be effective at the beginning of the next pay cycle or as defined in the disciplinary action, unless mutually agreed by the employee and the supervisor.

6.3 Outside Employment Employees shall be permitted to maintain other employment to the extent that it does not impair the employee’s ability to perform his or her normal work duties and/or responsibilities for the City, nor create a conflict of interest. Formal notification of outside employment is required.

6.4 Flex Time If mutually agreed upon by the employee and the employee’s immediate supervisor, flex hours may be approved if the flex hours do not interfere with workload requirements. Flex hours must be approved in advance. Employees working an adjusted workday must flex their hours within the same workweek as defined in Section 6.1 and such schedule shall not result in overtime or compensatory time as identified in the Fair Labor Standards Act and WAC 296.128-500 unless specifically authorized.

6.5 Rest & Meal Breaks All employees shall receive a paid fifteen (15) minute break for each four (4) hours worked, in addition to their unpaid meal period Employees working three or more hours longer than a normal work day schedule shall be allowed at least one (1) additional thirty (30) minute unpaid meal period prior to or during the additional work period. Where the nature of the work allows employees to take intermittent rest periods equivalent to fifteen (15) minutes for each four (4) hours worked, scheduled rest breaks are not required. Missed rest breaks are not compensable as overtime. Breaks may not be collected or not taken in order to shorten the work day or work week unless specifically authorized by an employee’s supervisor. Such authorization shall not result in payment of overtime or compensatory time.

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173 6.6 Overtime Employees listed in Appendix A as “overtime eligible” are entitled to overtime compensation. Overtime shall be compensated at one and one half (1 ½) times the employee’s normal hourly rate of pay for all time compensated over forty (40) hours per week. Overtime shall be paid in fifteen (15) minute increments. Except in emergent/emergency situations, all overtime must be approved in advance by the employees’ immediate supervisor or designee

6.6.1 For purposes of computing overtime, all contractual holidays, compensatory time, and Paid Time Off (PTO), shall be considered as time compensated.

6.6.2 Non-pyramiding - Compensation shall not be paid or compensatory time accrued more than once for the same hours under any provision of this Article or Agreement. Overtime pay shall not be duplicated or pyramided unless required by FLSA, in which case premium or overtime pay shall be based on the employee’s regular rate of pay.

6.6.3 Assignment of Overtime - Scheduled overtime is work assigned in advance which is not part of a normal work day Scheduled overtime time shall be offered to qualified regular full-time or regular part-time employees on a voluntary first come, first served basis. If there are no volunteers to work the scheduled overtime, the City will assign overtime to the least senior qualified employee on a rotational basis as follows: An overtime list will be established. Employees will be placed on the overtime list based on their classification seniority, in ascending order within their department. The person at the top of the overtime list will be required to work the scheduled overtime opportunity. That person then moves to the bottom of the list. Employees on PTO when their turn comes up for scheduled overtime will be assigned the next non-voluntary opportunity after their return from PTO.

6.6.4 Management Leave - Employees identified in Appendix A as “overtime exempt” in accordance with WAC 296-128-500 shall be eligible for management leave.

Every employee eligible for management leave shall be awarded one (1) day per calendar year. Additional days may be requested by the employee utilizing a Management Leave Request Form (Appendix D) based upon work load and projects. Approval is at the discretion of the supervisor and City Manager or designee. The cumulative total of management days granted to any employee shall not exceed five (5) days annually and shall not be carried over or cashed out. Use of management leave shall follow the PTO procedure. Leave shall be based on special projects and workload.

6.7 Standby The City may establish standby rosters for those functions requiring response by overtime eligible employees outside of regular work hours. Employees will be placed on the standby roster based on their classification seniority, in descending order within the department. Based on operational needs, a Department may establish a single standby roster including multiple classifications or standby rosters by classification, and may determine whether inclusion on the standby roster is mandatory or voluntary. Employees may trade with or give away standby shifts to other qualified employees, with appropriate advance written notice to the supervisor.

While on assigned standby status, employees are required to be unimpaired, reply to the dispatch center within fifteen (15) minutes of any call, and remain within a geographic range allowing a maximum of a ninety (90) minute arrival time to the assigned work location from the

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174 time of the initial call. Employees on assigned standby status will be issued a City cell phone, and may be issued a City vehicle or required to use a personal vehicle for response.

When an employee takes PTO, the employee will not be eligible to be on assigned standby status until the employee has returned to work and completed a full shift. The supervisor will offer the unstaffed standby opportunity to qualified employees on a voluntary first come, first served basis. If there are no volunteers, the supervisor will assign the standby to the next eligible employee as necessary.

Compensation for employees on assigned standby status will be pursuant to Article 10.1.

6.7.1 Operations & Maintenance Worker Standby - Facilities Maintenance employees shall not be assigned to the standby roster, except by mutual consent of the employee and department director.

For the employees in Maintenance Worker and Traffic Signal Technician classification series who have passed probation, participation in the standby roster shall be voluntary. However, if at any time there are fewer than ten (10) employees who volunteer to be on the roster, inclusion on the roster shall be mandatory based on inverse seniority until there are at least ten (10) volunteers.

6.7.2 The provisions of this section specifically supersede Section 6.7.1 and will expire at noon on December 31, 2019:

Employees hired into the classifications of Maintenance Worker I (Parks), Maintenance Worker II (Parks), Maintenance Worker III (Parks), Maintenance Worker I (Streets), or Traffic Signal Technician prior to the ratification of this Agreement shall not be required to participate in the Operations & Maintenance standby roster, but may irrevocably volunteer for participation in the standby roster following successful completion of their probationary period.

6.8 Callback An employee specifically called back to work outside the employee’s regularly scheduled hours shall be paid a minimum of three (3) hours, pursuant to Article 10.2, except that an employee called back to work within one (1) hour of the beginning for their regularly scheduled work day shall be compensated for one (1) hour. Except under the provisions of Section 6.10, employees who are not on standby may decline a call back opportunity without prejudice.

When an employee is on PTO, the employee will not be eligible for callback until the employee has returned to work and completed a full scheduled shift. The supervisor may offer the callback opportunity to another eligible employee as necessary. The City may waive the requirement to complete a full shift after taking PTO and before being subject to callback to address operational needs.

6.9 Compensatory Time Overtime worked may be accrued as compensatory time as agreed in advance by the employee and supervisor. Compensatory time is accrued at the rate of one and one half (1 ½) times the employee’s regular rate of pay.

All compensatory time shall be recorded. Employees may accrue compensatory time without limit, providing that an employee may carry over no more than sixty (60) hours of compensatory

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175 time into the next calendar year. During the first pay period of December of each year, the City will cash out any accumulated compensatory time in excess of sixty (60) hours. The employee may exceed the sixty (60) hours of compensatory time, for a limited time, with the approval of his/her department head.

6.10 Declared Emergency Scheduling The City Manager or designee has the authority to declare a City-wide emergency situation. During a major emergency or disaster of such magnitude that an extensive City response is needed (i.e., significant earthquake, volcanic eruptions, etc.) all employees are to report in to work as soon as possible after attending to immediate family health and safety needs. In the case of a declared City-wide emergency, the City reserves the right to assign and schedule employees to work whenever and wherever as needed and take other actions as necessary to ensure the protection of life, health, safety and property of persons under its jurisdiction for the duration of the declared emergency.

6.11 Other Emergency Work Assignment/Scheduling In order to address the operational management needs of a lesser emergency affecting only certain operations areas or a smaller portion of the City (i.e., storm, network failure, etc.), the following shall apply:

An employee’s or group of employees’ schedule(s) may be changed with less than the fourteen (14) days’ notice required by Section 6.2, subject to terms:

6.11.1 For an emergency requiring 24-hour response, employees may be assigned regularly recurring shifts different from their currently assigned shift. Such emergency shifts shall not be assigned as “Split-Shifts”.

6.11.2 The City will make a good faith effort to inform all affected employees as quickly as possible. The beginning and ending of emergency work assignments will be acknowledged via email or written notice. Such written notice is not the official method for assigning an employee to an emergency schedule, but is intended to clarify for the record when the emergency schedules were started and ended.

6.11.3 Employees utilizing heavy equipment will be scheduled in a manner so as to conform to state and federal occupational safety regulations.

6.11.4 Employees sent home by their supervisor in anticipation of an upcoming needed response shall be paid for the duration of the remainder of their regular shift.

6.11.5 Upon utilizing this section of the CBA, overtime for eligible members shall be compensated at one and one half (1.5) times the employee’s normal hourly rate of pay for all time compensated: over eight (8) hours in a contiguous shift. All hours compensated in excess of 40 hours at straight time in a work week shall be compensated at one and one half (1.5) times their normal rate. No emergency schedule change shall result in the reduction in an employee’s number of scheduled hours in a work week.

6.11.6 Employees assigned to a 12 hour shift will receive two unpaid thirty (30) minute meal periods and 15 minute paid breaks at intervals required by law.

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176 6.11.7 Employees shall receive shift differential (per Section 10.8) for all hours compensated between 5:00pm and 8:00am, subject to the non-pyramiding provisions of Section 6.6.2.

6.11.8 Upon the determination of the City, emergency schedule assignments may be canceled, and employees shall resume their regular work schedules. Employees who have performed work within 6 hours of their regular start time will be instructed to return to work halfway through their normal work shift. An emergency event shall not be declared and canceled multiple times within the same calendar day.

ARTICLE 7 – EMPLOYMENT PRACTICES

7.1 Nondiscrimination The City and Union shall ensure that all terms and conditions of employment included in this Agreement shall be administered in accordance with federal or state law governing employment discrimination. Administration and application consistent with federal or state law shall not be construed to be discrimination under this Article.

The City and the Union agree to provide equal opportunity as to the provisions of this Agreement to all their employees and members. Neither the City nor the Union shall discriminate against any person on the basis of such person's race, sex, marital status, color, creed or religion, national origin, age, veteran status, sexual orientation or the presence of any sensory, mental or physical disability, in violation of any local, state or federal law.

Wherever words denoting a specific gender are used in this Agreement, they are intended and shall be construed so as to apply equally to all genders.

7.2 Job Posting Human Resources will post available bargaining unit positions internally for a period of no less than three (3) working days before the position is filled. Union positions will be identified as such. If internal posting is unsuccessful, City may post externally and interview any internal and external applicants simultaneously.

7.2.1 The City shall not make direct appointments for bargaining unit positions. The reassignment of an employee to a position in the same classification in a different department or the assignment of an employee to a different position within the same classification within a department shall not be considered direct appointments.

7.3 Promotion When a new position is created or a vacancy occurs, the City shall attempt to promote from the ranks of current employees. When an employee applies and is not selected for a vacancy, he or she will receive notification.

7.3.1 Employees who are selected to fill a position in a higher paid classification in the bargaining unit shall serve a trial service period for six (6) months of work or twelve (12) months of work for civil service. During the trial service period, employees promoted to a regular position may return to their former positions at their option within the first six (6) weeks. If the employee does not successfully complete the trial service period, the

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177 employee may return to their former position if vacant or be placed on the recall list if filled.

7.3.2 Upon promotion, the employee will be placed at the beginning of the new salary range or at the next defined pay step within the new salary range which results in a minimum of a four percent (4%) increase to the employee’s current rate of pay. An employee will be eligible for step increases annually based on the effective date of their promotion.

7.3.3 Any employee who is given the option to transfer to a different position within the same classification in the same or a different department due to a reorganization or lay off shall not serve a trial service period. If the transfer request is employee generated, the employee shall serve a trial service period.

7.4 Reclassification An employee, an employee’s supervisor/department head, City Manager or Human Resources may initiate a reclassification request to the Director of Human Resources. Human Resources shall, within one hundred and twenty (120) calendar days or as otherwise mutually agreed with the Union, conduct an audit and analysis of the request which includes a portion to be completed by the employee in the affected position. Human Resources shall report to the department head and the employee the result of their findings.

Should it be determined the employee is working outside their classification, the department head shall either adjust the employee’s responsibilities to fall within their existing current classification or reclassify the affected employee to the newly identified classification.

7.4.1 An Employee reclassified to a classification with a higher salary range shall be placed in the new salary range at the step that leads to at least a four percent (4%) increase over of the employee’s current rate of pay (or the minimum of the new salary range if a 4% increase would be below the bottom step of the new range.) Wage increases and classification seniority date as a result of a reclassification shall be retroactive to the date when the reclassification request was submitted to the Director of Human Resources. The employee’s anniversary date and performance evaluation date will be adjusted to match the date when the reclassification request was submitted to the Director of Human Resources.

7.4.2 An Employee reclassified to a classification with the same salary range shall maintain their current salary placement, performance evaluation date, and anniversary date. The classification seniority date shall be effective the date on which the reclassification was approved.

7.4.3 An Employee reclassified to a classification with a maximum salary that is lower than the employee’s current salary, shall have their salary frozen: until such a time as the maximum salary of the new range (excluding the Master Step) meets or exceeds the employee’s current salary. At that time, the employee shall be placed at the maximum salary of the new range unless a more favorable salary placement is recommended by the department head and approved by the City Manager. The wage adjustment, employee anniversary date, performance evaluation date, and classification seniority date as a result of a downward reclassification shall be effective the date on which the reclassification was approved.

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178 7.4.4 An Employee reclassified to a classification with a lower salary range but with a maximum salary that is higher than the employee’s current salary, shall be placed in the new salary range at the nearest step (or half step) to their previous salary that would not result in a reduction in wages. The wage adjustment, employee anniversary date, performance evaluation date, and classification seniority date as a result of a downward reclassification shall be effective the date on which the reclassification was approved.

7.5 Demotion When an employee is demoted, either voluntarily or for cause, to a job classification with a lower salary range where the maximum salary is higher than the employee’s current salary, the employee’s salary shall be frozen until the employee’s annual review date. On the employee’s next annual review date, the employee shall be eligible for a salary increase.

When an employee is demoted, either voluntarily or for cause, to a salary range where the maximum salary is lower than the employee’s current salary, the employee shall be placed at the maximum salary unless a more favorable salary placement is recommended by the department head and approved by the City Manager.

If an alternative salary placement is requested and approved, the employee’s salary shall be frozen until such time as the maximum salary of the new range exceeds the employee’s current salary.

7.6 City Policies Unless otherwise provided by the terms of this Agreement, the City of Lakewood Administrative, Personnel, and Safety Policies shall apply to members of this bargaining unit. Employees shall refer to City policies to resolve matters not covered by this Agreement. However, where there is a conflict between City policies and any provisions of this Agreement, the provision(s) of this Agreement shall govern.

7.7 Personnel Files Employees shall have access to their personnel file with reasonable frequency. Employees who would like to review their file should contact Human Resources to schedule a convenient time for both the requesting employee and the Human Resources Department. The employee shall be provided a copy of written evaluations or disciplinary actions added to their personnel file.

Employees shall have the right to provide a written response to any written evaluations or disciplinary actions included in the personnel file. Upon approval of the Human Resources Department, employees may add additional documents to their personnel file including, but not limited to, certifications, degrees, and commendations.

7.8 Evaluations Employee evaluations are a useful tool to provide the employee feedback, monitor/establish goals and determine strengths and weaknesses. If necessary, a plan for improvement, training or other support should be jointly developed by the supervisor with the employee. Evaluation may occur in two forms:

7.8.1 All regular employees shall be formally evaluated in writing by their immediate supervisor and/or department head or designee by the end of the probationary or trial service period and at least annually thereafter.

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179 7.8.2 Additionally, evaluation of job performance may occur at any time and on an ongoing basis. Evaluation may occur in various ways and may include coaching, counseling, or written assessment.

The evaluation process may all also include a review of the current job description.

Evaluation shall not, by itself, constitute disciplinary action – disciplinary action must be specifically identified as such, in writing, consistent with Article 7.9.

Employees will be given a copy of the evaluation. Employees will be required to sign the evaluation, acknowledging its receipt. The content of performance evaluations is not subject to the grievance procedure. However, employees may elect to provide a written response to the evaluation, which will be retained with the evaluation in the employee’s personnel file.

7.9 Discipline/Corrective Action Any discipline, demotion, or discharge of a regular employee shall be based upon just cause.

Progressive discipline and/or corrective action may include:

 oral warnings, which will be identified as such by the City and documented;  written reprimands – which may also include work performance improvement or corrective action plan for poor work performance or misconduct;  suspension without pay;  demotion; or  discharge.

The intent of progressive discipline is to assist the employee with performance improvement or to correct misconduct. Progressive discipline shall not apply where the offense requires more serious discipline in the first instance. Both the sequencing and the steps of progressive discipline are determined on a case-by-case basis, given the nature of the problem.

Disciplinary actions shall be clearly identified as such in writing. The employee will be requested to sign the disciplinary action. The employee’s signature thereon shall not be construed as admission of guilt or concurrence with the discipline, but rather shall document that they have seen and comprehend the gravity of the disciplinary action. Employees shall have the right to review and submit written comment on disciplinary actions in their personnel file.

A copy of the disciplinary notice shall be provided to the employee before it is placed in their personnel file. Employees who are issued a written reprimand, suspended without pay, demoted or discharged may use the grievance procedure. If, as a result of the grievance procedure a different result is warranted, personnel records shall reflect the revised result.

The City will notify the Union in writing within three (3) working days after any notice of discharge is issued. The failure to provide such notice shall not affect such discharge but will extend the period within which the affected employee may file a grievance.

An employee who reasonably believes that an investigatory interview with a supervisor may result in discipline has the right to request the presence of a Union representative at such an interview. Upon request, they shall be afforded a Union representative. The City will delay the

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180 interview for a reasonable period of time in order to allow a Union representative an opportunity to attend. If a Union representative is not available or delay is not reasonable, the employee may request the presence of a bargaining unit witness. (Weingarten rights)

Employees shall also have a right to a notice and a determination meeting prior to any disciplinary action greater than a written reprimand. The City must provide a notice and statement in writing to the employee identifying the performance violations or misconduct alleged, a finding of fact and the reasons for the proposed action. The employee shall be given an opportunity to respond to the charges in a meeting with the City, and shall have the right to Union representation during that meeting, upon request. (Loudermill rights)

Discipline greater than an oral warning may be subject to the grievance procedure as identified in this Agreement as it relates to just cause.

ARTICLE 8 – SENIORITY

8.1 Seniority Seniority shall be defined by the length of continuous employment with the City in the specific classification involved and in all higher bargaining unit classes to which the employee has been promoted.

Seniority shall be established upon appointment to a regular full-time, regular part-time, or regular with an end date position within the bargaining unit. No seniority shall be established while an employee is employed in a temporary, seasonal, work study/internship, or extra-hire position. A temporary employee who is hired into a regular position in the same classification without a break in service shall be credited for seniority from the date of hire into that classification.

Seniority shall not accrue while on a leave of absence without pay in excess of thirty (30) continuous calendar days. An employee’s appointment date shall be adjusted for leaves of absence without pay except when such leaves are the result of federal or state legally protected leaves.

8.2 Probationary Period Upon successful completion of the probationary period, the City seniority of the regular employee shall be established as the recent date of hire including the probationary period.

8.3 Loss of Seniority An employee will lose seniority rights by and/or upon:

1. Resignation 2. Discharge 3. Retirement 4. Layoff / Recall list of more than eighteen (18) consecutive months. 5. Failure to respond to or declining one offer of recall to former or comparable employment.

Employees who are re-employed following the loss of their seniority, shall be deemed a newly- hired employee for all purposes under this Agreement, except as provided in the following: if an AFSCME CBA 2017-2019| 22

181 employee is laid off or resigns in good standing after working at least twelve (12) consecutive months, and is thereafter re-employed within twelve (12) months or eighteen (18) months in the event of recall, the employee will, upon successful completion of the probationary period, regain the seniority they had as of the effective date that the employee resigned.

8.4 Seniority List The City shall update the seniority list and provide it to the Union annually upon request. If a layoff is announced, a current ranked seniority list including job classifications, names, job locations, and FTE or hours per week shall be provided to the Union and posted in the affected department.

8.5 Application of Seniority Seniority shall apply to:  Layoff, Bumping and Recall, subject to Article 16  Overtime Bidding  Scheduling of Leave

ARTICLE 9 – WAGES

9.1 Wage Schedule Each classification shall have an associated salary range with identified steps. The salaries for employees and classifications covered by this Agreement are located in Appendix A.

9.1.1 Effective and retroactive to January 1, 2017:

The City will create new salary ranges with an entry step plus 10 steps with 2% between steps and with the entry step approximately 4% above the 2016 entry step. The Master Step will be 2.5% above Step 10.

 Employees below the new entry step will be moved to the new entry step.  All other current employees will be placed at the salary step that is closest to but not less than their current wage rate.

After moving employees into the new ranges and steps, the ranges will be adjusted by 2%, providing a 2% “across the board” wage adjustment to employees.

 Employees hired before ratification of this Agreement advance 2 steps (4%) on their annual review date for the calendar year 2017  Employees hired after ratification of the Agreement advance 1 step (2%) on their annual review date for the calendar year 2017.

9.1.2 Effective July 1, 2017, Employees in positions subject to classification salary adjustments (below) will be moved to the new ranges consistent with Article 7.4.1. These employees will be eligible for next step increase on July 1, 2018 consistent with Article 7.4.1. The unused classifications will be eliminated from the salary schedule.

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182 Classification 1/1/17 7/1/17 New Classification Title/(Notes) Range Range Accounting Tech II 23 28 Finance Technician Accounting Tech III 25 28 Finance Technician Animal Control Officer 23 25 Animal Control Officer (Merge w/ Sr ACO) Court Specialist I 14 18 Court Clerk (Merge w/ Court Specialist II) Maintenance Worker I 15 26 Maintenance Worker (Merge w/ MWII) Maintenance Worker II 24 26 Maintenance Worker (market adjustment) Maintenance Worker III 28 30 Lead Maintenance Worker Office Assistant 12 18 Office Assistant (Merge w/ Sr OA) Permit Technician 16 24 (Aligned below Permit Coordinator) Recreation Coordinator 28 30 (Market adjustment) Facilities Maint. Tech 30 26 Maintenance Worker (redline pay)

9.1.2.A Effective January 01, 2018, the monthly salary schedule shall be increased by 3%

9.1.2.B Effective January 01, 2019, the monthly salary schedule shall be increased by 3%.

9.1.3 Salary Plan Administration Each classification shall have an associated salary range with identified steps. On an employee’s anniversary date, employees shall automatically advance one step (2%), except for the calendar year 2017 during which employees’ step advancement shall progress consistent with Section 9.1.1.

9.1.4 Master Step Implementation – An employee shall become eligible to move to the Master Step on the anniversary ,date following the completion of all the following requirements:  A minimum of five calendar years employment with the City; and  A minimum of five years in the same classification series.

The City is in no way prohibited from advancing employees to the master step before these requirements are met if the City believes that the employee has achieved mastery in their field.

An employee who has reached the master step will keep this step placement even if moved to a lower classification in the same classification series due to a reduction in force, voluntary demotion, or transfer.

9.1.4.A Effective July 1, 2017, In in addition to the requirements listed above, employees in the Maintenance Worker classification must acquire and maintain either a pesticide license or class A or class B commercial driver’s license to be eligible for advancement to and continued eligibility for the Master step. This requirement shall not apply to Facilities Maintenance employees.

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183 9.2 Hire-In Rates New regular employees shall normally be placed at the minimum rate of the appropriate salary range unless approved by the City Manager for placement above the minimum based on qualifications, salary history or other consideration..

ARTICLE 10 – OTHER COMPENSATION

10.1 Standby Pay An employee specifically assigned to standby status shall receive one (1) hour of additional compensation at his or her regular rate of pay for every seven (7) hour period of time assigned to standby status.

Employees assigned standby status on weekends shall be paid nine (9) hours of additional compensation at his or her regular rate of pay for the weekend, starting at the end of the work shift Friday evening and ending at the beginning of the work shift on Monday morning.

When an employee is called back to work while on paid standby status, standby pay will continue to be paid.

Employees may elect to receive standby compensation in the form of pay or compensatory time at the straight-time (1.0x) rate, except that no employee may receive more than sixteen (16) hours of compensatory time per calendar year through this option.

10.2 Call Back Pay An employee specifically called back to work outside the employee’s regularly scheduled hours shall be paid a minimum of three (3) hours. The rate of pay for the callback, whether within or in excess of the three (3) hour minimum, shall be in accordance with the FLSA and Section 6.6 (i.e., if overtime hours, paid at overtime rate). If the callback exceeds three (3) hours, the employee shall be compensated for time worked.

For the purpose of callback, if the employee is in active call back status then time worked shall start from the time when an employee leaves his/her driveway or location at the time of the call, and is en route in response to a call. Time worked shall conclude when the employee returns to his/her driveway or location at the time of the call. There shall be no additional compensation for calls taken by an employee who is already in active callback status, unless the time spent in active callback status exceeds the three (3) hours.

10.2.1 Remote Work If an employee receives a work-related communication when off duty and is asked to work (e.g., troubleshoot problems) he/she will receive overtime pay at fifteen (15) minute increments, with a fifteen (15) minute minimum, regardless of the length of the response required. For communications that are received, and responses required, between 10 p.m. and 5 a.m., the employee shall receive overtime pay in thirty (30) minute increments. Remote work shall include any tasks that do not require the employee to leave home, including but not limited to telephone calls, remote access, or text messaging.

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184 10.3 Temporary Assignment Pay Employees assigned by their designated supervisor or the City Manager to assume the preponderance of the duties of a higher level classification in a temporary capacity for at least four (4) continuous working days shall receive Temporary Assignment Pay commencing from the first day worked. Such assignments shall be in writing prior to or during the assignment. The assigned employee shall receive a five (5) percent pay increase, or be placed at the beginning of the higher pay range, whichever is greater.

10.4 Mileage Reimbursement Employees placed on standby status may be provided a city vehicle, if available.

Employees who are required to use their own vehicles for City business shall be reimbursed in accordance with current Internal Revenue Service mileage rates and rules, minus any miles between home and work, except that employees called back to work in their personal vehicles shall be compensated at the appropriate IRS rate for actual miles traveled to and from his/her driveway or location at the time of the call with a maximum of 20 miles each way.

10.5 Uniforms, Clothing, and Boots The City agrees to provide required uniforms and personal protective equipment, as well as clothing and boot allowances consistent with Appendix B. For Employees exposed to the elements as a regular condition of employment, the City agrees to supply tools, and other personal protective equipment to employees whose positions require them (as referenced in City policy #1300-09). Employees are required to wear the uniform clothing and personal protective equipment and boots as necessary to safely perform assigned work tasks. All uniforms or protective clothing shall remain the property of the City and shall be worn for municipal purposes only. Clothing shall be returned to the City for replacement or upon termination of employment.

Employees shall receive required clothing/equipment and boot allowances no later than the first payday of February of each year. No employee shall receive more than one set of required clothing or boot allowance per calendar year.

New employees shall receive required clothing/equipment and boot allowances. However, an employee who does not pass probation will be required to reimburse the City for the boot allowance through payroll deduction from the employee’s final paycheck.

10.6 Foreign Language Proficiency Pay Employees shall receive foreign language proficiency pay of two percent (2%) added to their base pay when language skills have been confirmed by such method as the City shall reasonably determine. Employees having conversational proficiency in Cambodian, Laotian, Vietnamese, Spanish, Korean, Russian, German, American Sign Language, and any other foreign language approved by the City can qualify for this pay.

10.7 Tuition Reimbursement Tuition reimbursement may be provided at the sole discretion of the City and in accordance with City policy 800-14. Tuition reimbursement may be considered additional compensation by the Internal Revenue Service (IRS) and subject to taxation.

10.8 Shift Differential A shift differential of $0.60 per hour will be paid to all regular bargaining unit employees who are assigned to work at least three hours between 5:00 p.m. and 8:00 a.m.

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185

Exceptions to shift differential:

 Shifts starting between 6:00 a.m. and 8:00 a.m. will not be eligible for shift differential pay.

 Work which is scheduled after 5:00 p.m. and before 8:00 a.m. on the basis of convenience to the employee, including alternative work schedules in accordance with Article 6, shall not be considered shift differential for the purpose of this provision.

 Shift differential does not apply to an occasional call out nor scheduled overtime for several hours prior to the start or after the end of any given regular shift.

Shift differential shall be calculated as part of the hourly rate of pay when applying the provisions of this Agreement in other sections. Shift differential is to be paid only for the specified hours as stated above.

When an employee who usually works a differential eligible shift is temporarily assigned to a non-differential eligible shift for a period of five (5) working days or less, the employee shall continue to receive any shift differential. A temporary change in shift assignment initiated by the employee is not covered by this provision.

Work schedules may be adjusted at the City’s discretion in accordance with Section 6.2.

ARTICLE 11 - HOLIDAYS

11.1 Holidays The City shall provide eight (8) hours of compensation for regular full-time employees and pro- rated hours for regular part-time employees for the following holidays and such other days as the City Council may identify:

Holiday Observed New Year's Day January 1st Martin Luther King, Jr. Birthday 3rd Monday in January President's Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day 1st Monday in September Veteran's Day November 11th Thanksgiving Day 4th Thursday in November The Day after Thanksgiving Day 4th Friday in November Christmas Day December 25th Floating Holiday Employee’s Choice

11.1.1 The City traditionally releases employees early, with pay, on both Christmas Eve and New Year’s Eve. The City will strive to continue this practice when feasible based on work load and safety.

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186 11.1.2 An employee must request the use of a Floating Holiday in advance and be granted approval by the immediate supervisor, Department Director or designee. Such requests shall not be unreasonably denied. The floating holiday must be taken during the anniversary year or it will be forfeited.

11.1.3 Employees regularly assigned to an alternative work schedule (eg: 4/10 schedule) who would normally work more than 8 hours on the observed holiday may elect to use either accrued PTO, floating holiday, comp time, or leave without pay on such holidays in order to bring their hours up to their regularly scheduled number of hours for the day.

11.2 Religious Observance Employees will be granted time off for religious observances. Such time off shall be arranged in advance with the employee’s immediate supervisor. Employees may use eligible leave, leave without pay, or make alternative work schedule arrangements. Approval of leave under this provision shall be in accordance with RCW 1.16.050(3).

11.3 Holiday Observance Any holiday which falls on a Saturday shall be observed on the preceding Friday and any holiday which falls on a Sunday shall be observed on the following Monday.

For those employees on a 4/10 work schedule, a schedule with weekend work, or other alternate schedule, when one of the listed holidays falls on one of the employee's regularly scheduled days off, the holiday shall be observed on a day mutually agreeable to the employee and the City within the same pay period.

11.4 Holiday Compensation Holiday compensation is defined as two and one-half (2.5) times the employee’s regular hourly rate of pay for a maximum of eight (8) hours. Employees shall be paid no more than eight (8) hours of holiday compensation pay for working on either an actual or observed holiday but not both, regardless of the individual’s schedule that day.

There shall be no pyramiding of holiday compensation as per Article 6.6.2.

ARTICLE 12 – PAID TIME OFF (PTO)

12.1 Paid Time Off Accrual PTO is a benefit granted to employees to continue normal compensation during approved absences. All full-time regular employees shall accrue PTO at the following annualized accrual rates.

During the first year 200 hours of leave per year After the 1st year through 2 years 208 hours of leave per year After the 2nd through 4 years 216 hours of leave per year After the 4th through 9 years 232 hours of leave per year After the 9th through 14 years 264 hours of leave per year After the 14th through 20 years 296 hours of leave per year After 20th year through 29 years 312 hours of leave per year After 29th year 320 hours of leave per year AFSCME CBA 2017-2019| 28

187

Any regular part-time employees shall accrue PTO leave pro-rated to match the FTE percentage and adjusted by actual hours worked.

12.2 Paid Time Off Accrual Maximum Any unused PTO shall be accumulated for succeeding years; however, as of the end of the calendar year, the maximum accrual amount carried forward into the new year shall not exceed one thousand one hundred (1,100) hours of leave that the employee accrues.

If the employee has an accrual balance of one thousand (1,000) or more hours of PTO as of September 1st of any year, the employee’s supervisor should schedule a meeting with the employee to identify mutually agreeable opportunities to take leave during the remaining four months of the calendar year so that the employee’s PTO accrual balance will not exceed one thousand one hundred (1,100) hours as of the end of the calendar year.

12.3 Use of Paid Time Off Employees shall not be eligible to use PTO in the first 60 calendar days of their probationary period for any purpose other than a medical condition for which there is certification from a health care provider.

PTO must be requested and approved in advance whenever possible. When an employee needs to be absent for an unanticipated reason, the employee must follow the applicable department procedure for reporting unscheduled absences.

Abuse and misuse of unscheduled PTO are grounds for discipline. The City may investigate cases of suspected unscheduled PTO abuse or misuse, and may at any time during the course of that investigation request the employee provide certification attesting to illness, injury or other reason for leave. Except in cases of confirmed PTO abuse, employees’ use of unscheduled PTO shall not be used as criteria for performance evaluation.

An employee who has been previously counseled about abuse, misuse or excessive use of unscheduled PTO may, with the concurrence of Human Resources, be required to provide certification from a health care provider for use of unscheduled PTO. Grievances in regard to this provision may not be processed beyond Step 3 of the grievance procedure in this Agreement.

An employee must use accrued leave prior to taking any unpaid leave, except that an employee may elect to retain up to forty (40) hours of PTO (pro-rated by their FTE) for use upon return to work following an FMLA qualifying event.

12.4 When Leave is Exhausted If the employee exhausts all accrued paid leave, the employee may request shared PTO and/ or leave of absence without pay.

12.5 Shared Paid Time Off If an employee depletes their PTO accruals due to medical reasons, the employee may request shared leave. Such requests shall be in writing and shall include documentation from a health care provider certifying the need for the leave. Shared leave requests to and donations from other employees will be coordinated by the City.

Employees may donate PTO to a fellow employee in one hour increments. However, at no time shall an employee be permitted to donate PTO if such donation would cause the employee’s

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188 PTO bank to fall below 40 hours. The 40 hour limit is net of pending PTO already scheduled for the employee.

Employees wishing to donate PTO must do so in writing, complying with such reasonable deadlines as necessary to ensure timely payroll processing.

Any unused PTO donated to an employee shall be returned to the donor.

12.6 Payment of Paid Time Off Upon Separation Upon separation an employee (or deceased employee’s beneficiary) shall receive payment equal to sixty five percent (65%) of such employee’s then accrued and unused PTO bank.

An employee recalled to work from layoff under the provisions of Article 16 shall be provided a PTO bank equivalent to 35% of the number of hours held prior to separation due to layoff.

ARTICLE 13 – ON THE JOB INJURIES/KOS/L&I PREMIUM

13.1 Kept on Salary (KOS) An employee who sustains an occupational injury or illness while acting in the course of employment and qualifies for time loss through Labor & Industries (L&I) shall continue to receive the regular salary for up to 160 missed work hours per claim (prorated for part-time employees based on FTE status).

13.2 Time Loss Compensation If the absence exceeds the Kept on Salary (KOS) hours provided in 13.1, the employee shall receive any applicable worker’s compensation time-loss benefits directly from L&I. The employee may offset any reduction in regular pay, up to a maximum of 100%, with use of the employee’s eligible accrued leave, in line with Department of Labor and Industries rules.

13.3 L&I Premium Employees shall pay their portion of any industrial insurance premiums as identified by L&I.

ARTICLE 14 – LEAVES OF ABSENCE

14.1 In General All leaves are to be requested in writing as far in advance as possible. Denial of leave shall be in writing upon request of the employee.

14.2 Jury Duty/Court Employees subpoenaed to appear as a witness in a court proceeding as a result of their official City of Lakewood duties or directed to appear for jury service will receive pay at their regular rate of pay for working hours missed because of their required service. Employees must notify their supervisors upon receipt of a directive or subpoena for jury or witness duties, keep their supervisors apprised of the schedule for their jury or witness duties, and report to work when the court schedule permits. Any compensation paid to an employee for jury or witness service, other than reimbursement for expenses, must be paid to the City upon receipt.

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An employee who is relieved of jury duty on or before the mid-point of his or her shift shall contact their supervisor for return to work instructions.

14.3 Military Leave All regular employees shall be allowed military leave as required by RCW 38.40.060. This provides for twenty-one (21) working days of military leave per year (October 1 through September 30).

14.4 Bereavement Employees who suffer a death of the employee’s child (biological, step, adopted and foster), spouse, parent, grandparent, grandchild, step family member (parent, sister or brother), in-law (parent, sister or brother) or any person residing in the employee’s household who qualifies as a dependent under Internal Revenue Service (IRS) regulations or of their registered domestic partner shall be granted up to three (3) days off with full pay for each loss. Additional leave may be granted at the discretion of the City and such additional bereavement leave shall be deducted from accrued paid time off.

14.5 Seniority Adjustments The City shall adjust the employee’s anniversary date to reflect any period of unpaid leave in excess of thirty (30) continuous calendar days. Seniority shall continue to accrue and the employee’s anniversary date shall not be adjusted for periods of legally protected leave, such as FMLA, maternity leave or military leave.

14.6 Leave Without Pay If authorized by the Employer, regular employees may take up to ninety (90) days leave without pay exclusive of FMLA leave. Leaves in excess of thirty (30) calendar days require authorization by the City Manager or designee.

14.6.1 While on leave without pay no benefits shall accrue. The employee shall be responsible for payment of any health insurance premiums during periods of unpaid leave. Furthermore, the rules of all benefit providers shall apply.

14.7 Family Leave (FMLA) Under the terms of the Family and Medical Leave Act of 1993 (FMLA), 29 CFR 825, RCW 49.78, and RCW 49.12.265-270, upon the completion of one (1) year of employment, any employee who has worked at least one thousand two hundred fifty (1250) hours during the prior twelve (12) months shall be entitled to up to twelve (12) weeks of leave per rolling year for the birth, adoption or placement of a foster child; to care for a spouse or immediate family member with a serious health condition; or when the employee is unable to work due to a serious health condition.

The City shall maintain the employee’s health benefits during this leave. If the employee fails to return from leave for any reason other than the medical condition initially qualifying for the FMLA absence, the City may recover from the employee the insurance premiums paid during any period of unpaid leave.

If a leave qualifies under both federal and state law, the leave shall run concurrently. Ordinarily, the employee must provide thirty (30) days written advance notice to the City when the leave is foreseeable. The employee should report qualifying events as soon as known and practicable.

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190 The combination of FMLA and other types of leave(s) is not precluded and, in fact, leave utilizations are to be concurrent, with the intent that appropriate paid accruals are to be utilized first, consistent with other Articles of this Agreement.

The City will grant leave consistent with state and federal law. Family leave shall be consistent with the FMLA and the adopted conditions and provisions of the state and federal law.

14.8 Maternity Leave Consistent with WAC 162-30-020, the City will grant a leave of absence for a period of temporary disability because of pregnancy or childbirth. This may be in addition to the leave entitlements of FMLA. Employees utilizing maternity leave may concurrently take paid leave from their leave banks.

This leave provides female employees with the right to a leave of absence equivalent to the disability phase of pregnancy and childbirth. There is no eligibility requirement, however the City has no obligation to pay for health insurance benefits while on this leave (unless utilized concurrent with FMLA).

Leave for temporary disability due to pregnancy or childbirth will require medical verification. At the end of the disability leave, the employee is entitled to return to the same or similar job at the same rate of pay.

ARTICLE 15 – HEALTH & WELFARE

15.1 Insurance Benefits The City agrees to provide the option of medical, dental, vision, and life insurance to all regular full-time, regular part-time, regular with an end date and represented temporary employees and their dependents.

15.1.1 Medical Insurance for Calendar Year 2017 The medical insurance plans available to employees at the time of this Agreement are AWC HealthFirst, Kaiser Permanente (Group Health) Plan 2, and a High Deductible Health Plan (HDHP) with Health Savings Account (HSA) as offered through the Association of Washington Cities Benefit Trust.

The City shall pay the equivalent of one hundred percent (100%) of the premiums for employee and dependent medical coverage of the applicable tiered rate premiums for AWC HDHP with HSA contributions as identified below, provided that the contributions into the HSA cannot exceed the Affordable Care Act excise tax threshold:

Category Annual Contribution Employee Only $3,000.00 Employee and Spouse $4,000.00 Employee, Spouse and 1 Child $5,000.00 Employee, Spouse and 2 or More Children $6,000.00 Employee and 1 Child $4,000.00 Employee and 2 or More Children $5,000.00

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191 Refer to Personnel Policy #800-16 for additional HDHP plan information.

If a plan other than the HDHP is selected, the employee shall pay any premiums in excess of the combined cost of the tiered HDHP plan premium plus the associated HSA contributions. If premiums are less expensive, the difference of up to $500 per year will be placed into a Flexible Spending Account (FSA) for the affected employee as allowed by IRS rules, with any additional difference paid to the employee as taxable wages.

15.1.2 Medical Insurance for Calendar Years 2018 and 2019 Effective January 1, 2018, the medical insurance plans offered shall be AWC Healthfirst 250, Kaiser Permanente (Group Health) $20 Copay, and a High Deductible Health Plan with Health Savings Account, as offered through the Association of Washington Cities Benefit Trust.

The City shall pay the equivalent of one hundred percent (100%) of the premiums for employee and dependent medical coverage of the applicable tiered rate premiums for AWC HDHP with HSA contributions for the applicable year as identified below, provided that the contributions into the HSA cannot exceed the Affordable Care Act excise tax threshold:

Category 2018 Annual 2019 Annual Contribution Contribution Employee Only $3,175.00 $3,350.00 Employee and Spouse $4,250.00 $4,500.00 Employee, Spouse and I Child $5,375.00 $5,750.00 Employee, Spouse and 2 or More Children $6,375.00 $6,750.00 Employee and 1 Child $4,250.00 $4,500.00 Employee and 2 or More Children $5,375.00 $5,750.00 Refer to Personnel Policy #800-16 for additional HDHP plan information.

If a plan other than the HDHP is selected, the employee shall pay any premiums in excess of the combined cost of the tiered HDHP plan premium plus the associated HSA contributions. If premiums are less expensive, the difference of up to $500 per year will be placed into a Flexible Spending Account (FSA) for the affected employee as allowed by IRS rules, with any additional difference paid to the employee as taxable wages.

15.1.3 Affordable Care Act (ACA) Excise Tax If a medical, dental, or vision plan offered by the City is going to be eliminated or will trigger the Affordable Care Act excise tax, the parties will meet and bargain new plans. If no agreement is reached in time to ensure employees’ continuous insurance coverage, the City will move employees to the next available plan offering the closest available substantially similar coverage that does not trigger the excise tax.

15.1.4 Medical Insurance Premiums for Part-time Employees City premium contributions will be prorated based on FTE status for those employees who work less than full-time and are eligible for health insurance benefits pursuant to Article 2.1.

15.1.5 Medical Insurance Opt-out Payment Employees eligible for health insurance benefits pursuant to Article 2.1 may opt out of medical insurances pursuant to City policy 800-13, and will receive $250 per month in

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192 lieu of medical insurance benefits. Benefit-eligible part-time employees may opt out of medical insurance on a pro-rated basis pursuant to City policy 800-12.

15.1.6 Dental and Vision The City shall pay one hundred percent (100%) of the premium for full-time employee coverage and one hundred percent (100%) of the premium for full-time employee’s dependent coverage for dental and vision insurance coverage. The vision plan which is in effect at the time of this Agreement is Vision Services Plan (VSP). The dental insurance plan which is in effect at the time of this Agreement is Delta Dental Plan E as offered through the Association of Washington Cities.

City premium contributions will be prorated based on FTE status for those employees who work less than full-time and are eligible for health insurance benefits pursuant to Article 2.1. Where underwriting rules do not allow for strict prorating, alternate calculations may apply with the intent to provide appropriate overall benefit percentages.

15.1.7 Life Insurance The City shall pay one hundred percent (100%) of the premium for an employee’s term life insurance coverage that has a policy value of the annual base rate of pay of the employee, rounded up to the next thousand. The employee is responsible for any taxes associated with this benefit.

15.1.8 Survivor Income Life Insurance The City agrees to pay one hundred percent (100%) of the premium for a survivor income life insurance policy, which provides a monthly benefit to an employee’s eligible spouse and children upon the employee’s death. The survivor income life insurance policy in effect at the time of this Agreement is Standard Insurance Company Policy 625349-A.

15.1.9 Long Term Disability Insurance The City agrees to pay one hundred percent (100%) of the premium for long term disability policy with a ninety (90) day waiting period for each employee. The long term disability insurance plan in effect at the time of this Agreement is Standard Insurance Company Policy 625349-B.

15.2 Flexible Spending Account (FSA) The City shall provide an eligible IRS Section 125 Flexible Spending Account. Employees may voluntarily elect to participate in the reimbursement program to pay medical or dependent care expenses with pre-tax dollars. The City makes no contribution beyond that described in Section 15.1.1 for 2017 or 15.1.2 for 2018 and 2019, and no assurance of ongoing participation and assumes no liability for claims or benefits.

15.3 Social Security Replacement and Retirement The City shall provide a Social Security Replacement Account for each employee, as currently offered through the ICMA Retirement Corporation. The contribution rates shall be 4.77% for the City and 6.2% for the employee based on total wages.

The City shall provide an ICMA 401 Retirement Plan for each employee. The contribution rates shall be 7.62% for the City and 5.08% for the employee based on total wages.

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193 The City shall provide Medicare contributions pursuant to federal law and the required employee contributions shall be deducted from the employees’ wages.

15.4 Deferred Compensation The employer shall match the employee’s contribution, by payroll deduction, to a qualified 457 deferred compensation plan in an amount up to but not to exceed three percent (3%) of the employee’s base monthly pay rate.

ARTICLE 16 – LAYOFF & RECALL

16.1 Layoff A layoff is defined as the anticipated and ongoing or prolonged reduction in the number of full- time equivalent (FTE) positions, the number of part-time positions, or reduction in hours within a job classification covered by this Agreement. A reduction in force or classification may occur because of lack of funds, lack of work, efficiency or reorganization. Reductions in force are identified by classification within the affected department. Regular with end date employees (as defined in this Agreement) shall not be considered laid off at the conclusion of their project or term, and the City will not contest unemployment claims indicating termination due to lack of work. The City shall determine the position(s) within the affected department(s) to be eliminated or reduced in hours. The provisions of this Article shall determine which employee is ultimately laid off.

16.2 Notification of Layoff to Union The Union shall be notified in writing of any reduction in hours proposed by the City, including the purpose, scope and duration of the proposed reduction, along with an updated seniority list. The City and the Union shall meet at least one week prior to the notice period identified in 16.6 below to discuss the reasons and the timelines for the layoff and to review any suggestions concerning possible alternatives to layoff. Union concerns shall be considered by the City prior to implementation of layoff. The City and Union shall discuss the timeline and process for providing notification to impacted employees. Ongoing discussions shall not preclude the City from requesting volunteers to change employment status for the purpose of cost savings, or from moving forward with notifications to employees as identified below.

16.3 Seniority for Purpose of Layoff Seniority for the purpose of layoff, bumping and recall rights shall be the length of continuous service with the City in the specific classification involved and in all higher bargaining unit classes which the employee has held. Employees who are transferred between departments shall carry their seniority, as defined above, from their previous department to the department to which they are transferred.

In the event of two employees having the same seniority, City seniority shall be determinative. In the event of two employees having the same City seniority, bargaining unit seniority shall be determinative. In the event of two employees having the same bargaining unit seniority, seniority shall be determined by lot.

16.4 Order of Layoff If there are more positions identified for layoff than employees who volunteer pursuant to Article 16.5 and if there are probationary employees in the classification, the probationary employee(s) shall be laid off and shall be ineligible to select among layoff options. AFSCME CBA 2017-2019| 35

194 No regular employees shall be subject to layoff while there are temporary, represented temporary, probationary, internship, extra help or seasonal employees serving in the same classification. When a regular employee is laid off, seniority (as defined in Section 16.2) shall determine the affected employee within the affected department.

16.5 Volunteering for Layoff Prior to providing written notice to employees in positions identified for layoff pursuant to Article 16.6, the City shall seek volunteers for layoff from among those employees who work in the job classification(s) identified for reduction of positions. The request for volunteers for layoff shall be posted for five (5) business days. If there are more employees who volunteer for layoff than employees in positions to be eliminated, layoffs will occur among those employees who volunteered based on total City seniority in descending order. Employees who volunteer for layoff retain recall rights as described in Section 16.8 but are not eligible to select among layoff options. The City and Union may collaborate on an incentive program to encourage volunteers for layoff.

16.6 Notification of Layoff to Employee Employees in positions identified for layoff shall be given formal written notice of layoff and a copy of the classification seniority list at least thirty (30) calendar days prior to the effective date of layoff. If the City does not provide thirty (30) calendar days written notice, the City shall compensate the employee at his or her normal rate of pay and benefits for the time between the last day of work and thirty (30) calendar days from the date the employee receives the notice of layoff, in addition to any other compensation due the employee. The notice shall include identification of the applicable bumping opportunity, if any. A single thirty (30) calendar day notice is required, irrespective of the number of bumps that occur.

16.7 Layoff Options Employees who have been notified of layoff and have completed their probationary period shall have the following options:  Accept layoff and retain recall rights  Accept an offer of placement in a vacant regular or temporary position within the same classification for which they qualify and retain recall rights  Exercise bumping rights and retain recall rights  Accept an offer of a reduction in hours and retain recall rights

16.7.1 Accept Placement in a Vacant Position An employee may be offered placement in a vacant position within the same classification for which the employee meets the minimum qualifications, or may be offered a temporary position if one is available and the employee has the ability to perform the work. An employee who accepts such an assignment in a regular or temporary position will retain recall rights. An employee who has been notified of layoff and who accepts a temporary assignment will be provided the benefits and provisions of the temporary assignment.

16.7.2 Bumping Rights An employee desiring to exercise bumping rights must do so by delivering written notice to Human Resources within five (5) working days of receipt of layoff notice. Bumping rights may be exercised as follows:

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195 a. An employee shall first have the right to bump the least senior regular employee in the employee’s current classification within another department in the City; except that non civil service employees shall not have the right to bump into civil service positions. b. If no bumping option exists under 16.7.2.a, the employee shall next have the right to bump the least senior regular employee in the next lower classification within the employee’s current classification series as defined in Appendix C; then the next lower job classification within the employee’s current classification series, progressively. c. If no bumping option exists under 16.7.2.b within the employee’s current classification series, the employee shall next have the right to bump the least senior regular employee in their most recently held classification in which he/she has held status at the City of Lakewood within the last four (4) years; then the next lower job classification within the last four (4) years, progressively. d. If no bumping option exists under 16.7.2.c, the employee shall next have the right to bump the least senior Regular with End Date employee in a position within the employee’s classification series for which the employee is qualified.

If no bumping options exist under 16.7.2.a, 16.7.2.b, 16.7.2.c or 16.7.2.d, then the employee has no bumping rights.

In all cases involving bumping, the following provisions must apply:

a. Employees exercising bumping rights must meet the minimum qualifications for the position as described in the job description and civil service rules, if applicable. b. Employees exercising bumping rights must have more seniority (as defined in Section 16.3) than the person being bumped. c. Employees exercising bumping rights shall not bump into a higher classification. Regular full-time employees shall have the option of bumping full or part-time employees. Regular part-time employees may only bump part-time employees with an equal or lesser FTE status.

An employee who has exercised bumping rights shall retain the employee’s current salary providing it does not exceed the maximum salary of the new range. If the employee’s current salary exceeds the maximum of the new range, the employee’s salary shall be reduced to the maximum of the new range. An employee bumping to another position shall retain the employee’s previous anniversary date for purposes of eligibility for salary increases.

16.8 Recall An employee who has been impacted by layoff as defined in Section 16.1 shall be entitled to recall to a position within the classification which was held immediately prior to the layoff for a period of eighteen (18) months from the effective date of the layoff. Recall from layoff shall be in order of seniority.

IT SHALL BE THE RESPONSIBILITY OF ANY LAID OFF EMPLOYEE TO PROVIDE THE CITY WITH THE EMPLOYEE’S CONTACT INFORMATION.

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196 An employee shall be considered to have relinquished all recall rights if:  The employee elects not to accept one (1) offer to return to work in the classification from which the employee was laid off;  The employee fails to respond within seven (7) calendar days of the offer of recall.

If an employee elects not to accept an offer of recall to a position with fewer hours, the employee retains recall rights for the balance of the recall period. An employee who is recalled to a regular position will not have to serve a probationary period.

Employees shall not lose any previously accrued seniority as a result of layoff for a period of up to eighteen (18) months, provided that no benefits shall be accrued during the period of layoff. Employees who have separated from service as a result of layoff shall be recalled to the same salary step and PTO accrual rate at the time of layoff. Employees recalled from a lower classification shall be recalled to the same salary step, but shall continue to accrue PTO according to the schedule listed in Article 12. Employees recalled from layoff shall be credited with a PTO bank equivalent to thirty five percent (35%) of the PTO hours the employee had in their bank at the time of layoff.

16.9 Re-employment During the eighteen (18) month recall period, employees who have been laid off shall be sent announcements for positions being filled within the bargaining unit for which there are no laid off employees with recall rights.

Laid off employees will have the opportunity to apply during the three (3) day internal posting period.

A laid off employee who is re-employed in a regular position with the City in a classification other than from which the employee last held shall serve a probationary period of three (3) months. The probationary period may be extended up to an additional three (3) months. An employee who does not successfully complete the probationary period shall be eligible for recall to the classification held prior to layoff for the remaining portion of the eighteen (18) month recall period.

Employees who have separated from service as a result of layoff and who are re-employed during the recall period shall receive the same PTO accrual rate at the time of layoff, and shall be credited with a PTO bank equivalent to thirty five percent (35%) of the PTO hours the employee had in their bank at the time of layoff.

16.10 Unemployment Claims The City will not contest the unemployment benefit claim of employees who are laid off under the provisions of the Article and apply for unemployment compensation benefits and indicate termination of employment due to bona fide layoff.

ARTICLE 17 – LABOR / MANAGEMENT COMMITTEES

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197 17.1 Purpose of Committee The City and the Union agree that, from time to time, suggestions and issues of a general nature affecting the Union and the City need consideration.

The Labor/Management Committee shall have no collective bargaining authority and understandings reached by the parties will be supported by the parties, but shall not alter or modify any provisions of the collective bargaining agreement.

Labor/Management meetings shall be scheduled quarterly or as requested by either party to discuss matters of mutual concern. Such meetings will occur during normal business hours. Not less than five (5) business days before the meeting is to be held, each party will advise the other of matters to be placed on the agenda Unless otherwise agreed, the agenda will be limited to such matters.

17.2 Composition of Committee The Labor Management Committee meetings will include a minimum of three (3) and a maximum of five (5) representatives from each party, unless otherwise mutually agreed upon. Said committee shall attempt to meet for the purpose of discussing and facilitating the resolution of issues which may arise between the parties other than those for which another procedure is provided by law or other provisions of this Agreement.

17.3 Compensation All meeting time spent by members of the joint Labor-Management Committee will be considered time worked if during duty hours and will be paid at the appropriate regular rate of pay.

17.4 Joint Labor Council From time to time the City Manager may convene a joint labor council to discuss matters of mutual concern. Labor representation shall consist of a maximum of two (2) representatives from each of the City’s bargaining units.

The Joint Labor Council shall have no collective bargaining authority and understandings reached by the parties will be supported by the parties, but shall not alter or modify any provisions of the collective bargaining agreement.

ARTICLE 18 – SAFETY

18.1 Safe Workplace The City is responsible for maintaining a safe workplace. The City shall comply with all federal, state, and local laws applicable to the safety and health of its employees.

Employees who reasonably believe there is a workplace safety issue shall immediately contact a supervisor who shall make a determination with regard to safety. The supervisor’s determination will be final and the employee will perform the work but may refer the matter to the safety committee or Human Resources.

All on-the-job injuries must be reported to the injured employee’s supervisor. Employees must immediately notify their supervisor if they are unable to work because of a work-related injury or illness. AFSCME CBA 2017-2019| 39

198 18.2 Safety Plan The City shall develop and follow written policies and procedures to address on-the-job safety which shall be in conformance with state and federal laws.

18.3 Drug Free Workplace The Drug Free Workplace Act of 1988 for federal contractors and grant recipients requires that the City provide a drug free workplace.

18.3.1 Reasonable Suspicion If a supervisor or manager reasonably suspects an employee may be under the influence of or impaired by alcohol or a drug that is illegal under Federal, state or local law, or improper use of a prescription drug, the employee shall be removed from duty immediately and undergo substance abuse testing. Except in emergency situations, the supervisor or manager shall consult with another trained supervisor to ensure that adequate grounds for reasonable suspicion exist. . At this time the employee will also be notified of his or her Weingarten rights.

18.4 Workplace Violence Workplace violence, including threats of violence by or against a City employee, will not be tolerated and shall be immediately reported to the employee’s direct supervisor, department head or Human Resources, whether or not physical injury occurs.

ARTICLE 19 - GRIEVANCE PROCEDURE

19.1 Grievance Defined A “Grievance” means a claim or dispute by an employee, the Union or City with respect to the interpretation or application of the provisions of this Agreement. Grievance time frames may be held in abeyance when the parties have mutually agreed. Mediation may be considered at any step in the grievance procedure.

19.2 Grievance Procedure In the event of a grievance, the following procedure shall be used:

Step 1 – An employee, the Union or the City must present a grievance in writing within ten (10) working days of its alleged occurrence or within ten days of when the grievant knew or should have known of its alleged occurrence, to the employee’s designated supervisor, defined as the supervisor charged with conducting the employee’s performance evaluation as of the date the grievance is submitted, with a copy to Human Resources and the affected employee. The grievance should be signed by the employee, Union or City representative and must state the issue, the section of this Agreement violated, facts giving rise to the grievance and the remedy sought. The designated supervisor shall consult with the Union to try to resolve the grievance and shall respond in writing within ten (10) working days after it is presented to him or her.

If a grievance is not presented within the time limits set forth above, it shall be considered waived.

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199 Step 2 - If the employee, Union or the City is not satisfied with the solution of the designated supervisor, the grievance, in writing, together with all pertinent materials may be presented to the Department Director in writing, with a copy to Human Resources, by the employee, Union, or City within ten (10) working days after receiving the designated supervisor’s response. The Department Director shall consult with the Union to try to resolve the grievance and shall respond in writing within ten (10) working days after it is presented to him or her. If the Department Director is the designated supervisor as defined in Step 1 above, the written grievance may be immediately advanced to Step 3 below.

Step 3 – If the grievance is not satisfactorily resolved by the Department Director and the Union, the City Manager or designee and the Union Staff Representative will meet for purposes of resolution of the grievance or to acknowledge that mutually agreeable resolution is not possible. If mutually agreeable resolution is not possible, within thirty (30) working days following the response and acknowledgement, the Union or City may refer the grievance to an arbitrator. Employee grievances must have approval of the Union officers prior to being referred to an arbitrator.

Step 4 - Arbitration – If agreement cannot be reached as to the arbitrator, the parties shall jointly request the Public Employment Relations Commission to provide a panel of seven arbitrators from which the parties may select one. The representatives of the City and the Union shall alternately eliminate the name of one person from the list until only one name remains. The person whose name is not eliminated shall be the arbitrator. It shall be the function of the arbitrator to hold a hearing at which the parties may submit their cases concerning the grievance. The arbitrator shall render his or her decision based on the alleged violation of the provision(s) of this Agreement within thirty (30) days after such hearing. The decision shall be final and binding upon both parties to the agreements, provided the decision does not involve action by either party which is beyond its jurisdiction. The expenses of the arbitrator shall be shared equally by the City and the Union. Each party shall be responsible for compensating its own witnesses and representatives, including attorney’s fees, not to include witnesses that are members of the bargaining unit. The arbitrator shall consider and decide upon only the specific issue(s) submitted in writing by the City and the Union, and shall have no authority to make a decision on any other issue not so submitted.

19.3 Schedule of Meetings Upon request, and without unnecessary delay, an employee representative’s immediate supervisor or designee shall allow the employee representative during normal work hours without loss of pay, reasonable time to:

19.3.1 Investigate any grievance or dispute so that same can be properly presented in accordance with the grievance procedure.

19.3.2 Attend meetings with City representatives when such meetings are necessary to adjust grievances or disputes. Meetings with designated personnel will be by appointment and held without delay when possible.

19.3.3 Confer with a staff representative of the Union and/or employees on City premises, at such time and places as may be authorized by the employee in advance of the intended meetings.

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200 For the purposes of this Article and Article 4.3, obtaining coverage to ensure minimum staffing levels shall not be considered an unnecessary delay. The City shall not be obligated to provide coverage immediately if the use of overtime is the only means of providing that coverage. Any activity conducted pursuant to these sections shall be without disruption to the workplace.

ARTICLE 20 - NO STRIKE / NO LOCKOUT

20.1 No Strike / No Lockout The Union agrees during the life of this Agreement that there shall be no strikes, slow-downs, or stoppage of work, or any interference with the efficient operation of the City. Any such action shall be subject to disciplinary action, including termination and replacement of the involved employees. The City shall not lockout any employee during the life of this Agreement.

ARTICLE 21 – MANAGEMENT RIGHTS AND RESPONSIBILITIES

21.1 Management Rights and Responsibilities The City agrees that the exercise of the above rights will be consistent with the provisions of this Agreement and RCW 41.56.

The City retains all rights of management, which, in addition to all duties and rights established by constitutional provision or statute, will include but not be limited to, the right to: a. Determine the City’s functions, programs, organizational structure and use of technology; b. Determine the City’s budget and size of the City’s workforce c. Direct and supervise employees; d. Take all necessary actions to carry out the mission of the City and its institutions during emergencies as defined in RCW 38.52. e. Determine the City’s mission and strategic plans; f. Develop, enforce, modify policies and procedures; g. Determine or consolidate the location or operations, offices, work sites, including permanently or temporarily moving operations in whole or part to other locations; h. Establish or modify the workweek, daily work shift, hours of work and days off; i. Select, hire, assign, reassign, evaluate, retain, promote, demote, transfer and lay off employees; j. Determine, prioritize and assign work to be performed; k. Determine the need for and the method of scheduling, assigning, authorizing and approving overtime; l. Determine training needs, method of training, and employees to be trained; m. Take disciplinary actions with just cause.

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201 ARTICLE 22 - GENERAL PROVISIONS

22.1 Severability Clause If any provision of this Agreement shall be held invalid by operation of law or any tribunal of competent jurisdiction, or if compliance or enforcement of any provision shall be restrained by such tribunal pending final determination as to its validity, the remainder of this Agreement shall not be held invalid and shall remain in full force and effect. Upon the request of one party to the other, the parties shall enter into immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement of such invalid provision.

Any and all prior agreements, practices, policies, rules, and regulations regarding terms and conditions of employment to the extent inconsistent with the provisions of this Agreement are hereby superseded.

22.2 Conflict with Laws Should any provision of this Agreement be found to be in violation of any Federal or State law, all other provisions of this Agreement shall remain in full force and effect for the duration of this agreement and the provision found to be in violation shall be immediately re-negotiated by the parties.

ARTICLE 23 – ENTIRE AGREEMENT

23.1 Duration Clause The Agreement shall become effective on January 1, 2017, and remain in full force and effect through December 31, 2019.

If either party wishes to amend or extend the Agreement upon its expiration, notice of such intent must be given no later than ninety (90) calendar days prior to the expiration of the Agreement. The City will maintain the status quo with respect to the matters covered by this Agreement during negotiations for a new agreement, following the procedures and time lines of RCW 41.56.

23.2 Entire Agreement The agreement expressed herein in writing constitutes the entire agreement between the parties, and there shall be no amendments except in writing and with agreement of both parties.

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202 SIGNATURES

Dated ______, 2017

City of Lakewood Employees Local Number 1938 of the Approved by City Council American Federation of State, County, City of Lakewood And Municipal Employees, AFL-CIO

Cathi Short, Local 1938 President John J. Caulfield, City Manager

Dylan Carlson, Council 2 Staff Representative ATTEST:

Alice M. Bush, MMC, City Clerk

APPROVED AS TO FORM:

Heidi Ann Wachter, City Attorney

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203 APPENDIX A

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211 APPENDIX B - Clothing and Boots

This list is strictly for purposes of identifying clothing allotment and boot allowances and is not intended for any other purpose.

Community and Economic Development Building Inspector

Division Quantity Item Frequency Notes 1 Coveralls Annually 1 Field Jacket Every 3 years City Logo 1 Raingear Every 3 years 1 Gloves, Hearing Protection Replaced based on wear and tear 1 Eye Protection, Safety Vest Replaced based on wear and tear 1 Hard Hats, Mud Boots Replaced based on wear and tear

Parks, Recreation and Community Services Maintenance Worker I, II and III; Facilities Maintenance Technician; Traffic Signal Technician

Division Quantity Item Frequency Notes Only provided If necessitated by All 1 Thermal Overalls Every 5 years position All 1 Field Jacket Replaced based on wear and tear ANSI Approved class III yellow All 1 Rain Pants Replaced based on wear and tear ANSI Approved class III yellow All 5 Pants Annually Silk Screened with City Logo All 5 Shirts Annually except on ANSI clothing Embroidered with City logo except All 5 Sweatshirts Annually on ANSI clothing Or as needed based on wear and All 1 City Logo Ball Cap Annually tear All 1 Gloves, Hearing Protection Replaced based on wear and tear All 1 Eye Protection, Safety Vest Replaced based on wear and tear All 1 Hard Hats, Mud Boots Replaced based on wear and tear

Public Works PW Inspector; Engineering Technician, Associate Engineering Technician

Division Quantity Item Frequency Notes All 1 Field Jacket Replaced based on wear and tear ANSI Approved class III yellow All 1 Raingear Replaced based on wear and tear ANSI Approved class III yellow All 1 Gloves, Hearing Protection Replaced based on wear and tear All 1 Eye Protection, Safety Vest Replaced based on wear and tear All 1 Hard Hats, Mud Boots Replaced based on wear and tear

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212 Police Animal Control Officer; Code Enforcement Officer; Evidence Custodian, Evidence Technician

Division Quantity Item Frequency Notes Animal Control 1 Field Jacket Replaced based on wear and tear City logo Animal Control 2 Jumpsuit Replaced based on wear and tear City logo and employee name Animal Control 2 Mock Turtleneck Replaced based on wear and tear Animal Control 1 Duty Belt/suspenders Replaced based on wear and tear Replaced per manufacturer Animal Control 1 Bullet Proof Vest instructions Animal Control 1 Hat Replaced based on wear and tear Animal Control 1 Kevlar duty gloves Replaced based on wear and tear Code Enf 1 Coveralls Annually Code Enf 1 Field Jacket Replaced based on wear and tear City logo Code Enf 1 Raingear Every 3 years Code Enf 1 Gloves, Hearing Protection Replaced based on wear and tear Code Enf 1 Eye Protection, Safety Vest Replaced based on wear and tear Code Enf 1 Hard Hats, Mud Boots Replaced based on wear and tear Evidence 1 Rainproof winter jacket Replaced based on wear and tear City logo Evidence 4 Long/short sleeve polo shirts Replaced based on wear and tear City logo Evidence 2 Cargo style pants Replaced based on wear and tear Evidence 1 Mock Turtleneck Replaced based on wear and tear Evidence 1 Military style belt Replaced based on wear and tear

Municipal Court Court Compliance Officer

Division Quantity Item Frequency Notes 1 Jumpsuit Annually City logo and employee's name 1 Duty belt Replaced based on wear and tear 1 Kevlar duty gloves Replaced based on wear and tear Replaced per manufacturer 1 Bullet Proof Vest instructions Baton, 21" Telescopic, 1 Holder Replaced based on wear and tear 1 Flashlight Replace based on wear and tear Streamlight SL20X or equivalent 1 Double Handcuff Case Replaced based on wear and tear or 2 single cases 1 Handcuff with key hinged Replaced based on wear and tear 1 Handcuff with key chain Replaced based on wear and tear 1 Holder, Capstun Replaced based on wear and tear 1 Holster, Level II Glock Replaced based on wear and tear 1 Pouch, Magazine Vert/Hor Replaced based on wear and tear 1 Tactical Handcuff Key, Large Replaced based on wear and tear

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213 Safety Toe Boot Allowance $125 Annually Code Enforcement Officer, Engineering Technician, Associate Engineering Technician

$250 Annually Animal Control Officer, Building Inspector, Court Compliance Officer, Facilities Maintenance Technician,

Maintenance Worker I, II , III; Public Works Inspector, Traffic Signal Technician

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214 APPENDIX C

DEFINED CLASS SERIES

Class series are defined for purposes of administration of bumping rights pursuant to Article 16. Classes are listed in descending order within each class series, with the class requiring the greatest level of skills, knowledge and experience listed first.

Finance Analyst Finance Technician

Civil Engineer Associate Civil Engineer Assistant Civil Engineer Engineering Technician Associate Engineering Technician

Lead Court Clerk Court Clerk

Evidence Technician Evidence Custodian

IT Administrator IT Specialist

Lead Maintenance Worker Maintenance Worker Maintenance Assistant

Senior Planner Associate Planner Assistant Planner

Administrative Assistant* Office Assistant*

Permit Coordinator Permit Technician

*For the Administrative Assistant and Office Assistant classifications which have incumbents working in the Police Department and subject to Civil Service Rules, bumping rights shall apply only within or outside of the Police Department; there shall be no bumping from the Police Department to another City Department or vice versa.

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215 APPENDIX D

MANAGEMENT LEAVE REQUEST FORM

Employee: Department:

Employee Number:

Current Management Days Awarded:

Additional Management Days Requested: (Maximum of 5 per year)

Justification:

---Supervisor Completes Section Below---

Supervisor’s Comments:

Approve: □ Deny: □ Supervisor’s Signature: Approve: □ Deny: □ Department Director’s Signature: Approve: □ Deny: □ City Manager’s Signature:

Forward to Human Resources for processing.

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216 REQUEST FOR COUNCIL ACTION

DATE ACTION IS TITLE: Authorizing the TYPE OF ACTION: REQUESTED: execution of a Memorandum of Understanding between the City ORDINANCE June 19, 2017 and the Rotary Club of Lakewood RESOLUTION X MOTION NO. 2017-33

ATTACHMENTS: OTHER Memorandum of Understanding

SUBMITTED BY: Heidi Ann Wachter, City Attorney

RECOMMENDATION: Authorize the execution of a Memorandum of Understanding with the Rotary Club of Lakewood to construct a “Pavilion in the Park” to serve as a community gathering space in Fort Steilacoom Park.

DISCUSSION: Over the past three years, the City and the Rotary Club of Lakewood have collaborated to establish a community gathering space at Fort Steilacoom Park. After a community review process and several potential design options, a preferred multi-use enclosable structure and location have been selected for the “Pavilion in the Park” project. The proposed structure is approximately an acre in size and includes a stage, sound and lighting equipment and storage rooms along with access and park space to support perimeter building needs, landscaping and spectator seating. Estimated cost for developing this project is $ 750,000 ($450,000 from Lodging Tax capital funds and $300,000 in cash and in-kind services from the Rotary Club of Lakewood).

The Pavilion will provide a venue for community get-togethers, ceremonies, performances and entertainment. This agreement has been signed by the Rotary Club of Lakewood and now comes before the City Council for final agreement.

ALTERNATIVE(S): To purchase fuel from retail pumps and pay retail price.

FISCAL IMPACT: No change.

Prepared by

City Manager Review Department Director

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