LACEY CITY COUNCIL AGENDA JUNE 9, :00 P.M. 420 COLLEGE STREET, LACEY CITY HALL

Transcription

1 CITY COUNCIL ANDY RYDER Mayor CYNTHIA PRATT Deputy Mayor VIRGIL CLARKSON JEFF GADMAN LENNY GREENSTEIN JASON HEARN MICHAEL STEADMAN CITY MANAGER SCOTT SPENCE LACEY CITY COUNCIL AGENDA JUNE 9, :00 P.M. 420 COLLEGE STREET, LACEY CITY HALL CALL TO ORDER: 1. PLEDGE OF ALLEGIANCE 2. APPROVAL OF AGENDA & CONSENT AGENDA ITEMS* A. Council meeting minutes of May 12, 2016 B. Council on the Road minutes of May 19, 2016 C. A motion to approve payment of claims, wages, and transfers for 5/3/2016 through 5/31/2016. * Items listed under the consent agenda are considered to be routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. 3. PUBLIC RECOGNITIONS AND PRESENTATIONS: A. Dixieland Jazz Festival (Walt Bowen) B. Compassion is Contagious Recognition (Liz Gotelli) 4. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA* *The City Council will allow comments under this section on items NOT already on the agenda. Where appropriate, the public will be allowed to comment on agenda items as they are addressed during the meeting. 5. PUBLIC HEARING: 6. PROCLAMATION: 7. REFERRAL FROM PLANNING COMMISSION: 8. REFERRAL FROM HEARINGS EXAMINER: 9. RESOLUTIONS: 10. ORDINANCES: A. Transportation Network Companies (TNC) Operating Ordinance (Steve Kirkman)

2 11. MAYOR'S REPORT: A. Reappointment of Nancy Clauson (Peterson) to the Public Facilities District Board 12. CITY MANAGER'S REPORT: 13. STANDING GENERAL COMMITTEE: A. Finance Committee (5.04) B. Community Relations (5.09) C. Land Use (5.09) D. Utilities (5.13) E. Transportation (5.11) 14. OTHER BUSINESS: 15. BOARDS, COMMISSIONS, AND COMMITTEE REPORTS: A. Mayor Andy Ryder: 1. Mayors Forum 2. Transportation Policy Board (TPB) B. Deputy Mayor Cynthia Pratt: 1. Olympic Region Clean Air Agency (ORCAA) 2. LOTT 3. Thurston Thrives C. Councilmember Virgil Clarkson: 1. Economic Development Council (EDC) 2. Health & Human Services Council (HHSC) 3. Thurston Regional Planning Council (TRPC) D. Councilmember Jeff Gadman 1. Intercity Transit (IT) 2. Joint Animal Services Commission (JASCOM) E. Councilmember Lenny Greenstein 1. Olympia-Lacey-Tumwater Visitor & Convention Bureau (VCB) 2. Solid Waste Advisory Committee (SWAC) 3. TCOMM911 F. Councilmember Jason Hearn: 1. Thurston County Coalition Against Trafficking (TCCAT) 2. Lacey South Sound Chamber G. Councilmember Michael Steadman: 1. Community Action Council (CAC) 2. Emergency Medical Services (EMS) 3. Thurston County Law & Justice 16. ADJOURN TO WORKSESSION A. SWAC Survey Letter of Response (Scott Spence) 17. ADJOURN

3 MINUTES OF A REGULAR MEETING OF THE LACEY CITY COUNCIL HELD THURSDAY, MAY 12, 2016, IN LACEY COUNCIL CHAMBERS. CALL TO ORDER: Deputy Mayor Pratt called the meeting to order at 7:00 p.m. The Deputy Mayor announced that Mayor Ryder was excused from the meeting this evening, and Councilmember Clarkson will arrive late. PLEDGE OF ALLEGIANCE: Deputy Mayor Pratt led the Pledge of Allegiance. COUNCIL PRESENT: COUNCIL EXCUSED: C. Pratt, J. Gadman, L. Greenstein, J. Hearn, M. Steadman A. Ryder, V. Clarkson STAFF PRESENT: S. Spence, S. Egger, J. Mack, R. Walk, T. Woo, C. Litten, D. Schneider, R. Schoessel, T. Poeckh APPROVAL OF AGENDA AND CONSENT AGENDA: Consent Agenda Items: A. Worksession minutes of April 21, 2016 B. Council minutes of April 28, 2016 C. A motion to approve payment of claims, wages, and transfers for April 20, 2016 through May 2, 2016 COUNCILMEMBER GREENSTEIN MOVED TO APPROVE THE CONSENT AGENDA AND AGENDA. COUNCILMEMBER GADMAN SECONDED. MOTION CARRIED. PUBLIC COMMENT: Jacob Vaughn, 4720 Blackberry Ct SE, addressed Council regarding the conduct of Councilmember Steadman. He stated that in an exchange of Facebook posts, Mr. Steadman threatened his right to free speech. He urged the Council to take appropriate action, and called for Mr. Steadman s resignation... Hallee Starborn, Edgelake Mobile Home Park, addressed Council regarding the affordable housing crisis. She urged the city to contribute to agencies that provide housing assistance. Page 1 of 5

4 Timothy McKinley, Lacey resident, also urged the Council to support affordable housing through funding. He shared that he has worked with non-profit organizations serving this population, and the homeless need a stable living environment in which to recover and move forward. PROCLAMATION: On behalf of Mayor Ryder, the Deputy Mayor and Council proclaimed May 2016 as Bicycle Commuter Month. Eric Phillips, Development Director of Intercity Transit, accepted the proclamation, and expressed his appreciation to the city for its support and partnership. CITY MANAGER S REPORT: Tyson Poeckh, PW Engineering Tech III, requested Council authorization for the City Manager to sign a Master Interlocal Agreement (ILA) with Thurston County. The purpose of the agreement is to allow each agency to use their resources more efficiently by sharing labor, equipment, and materials when needed on a reimbursable basis for roadway maintenance activities or cooperate on joint roadway maintenance and repair projects. The term of the agreement is five years. The maximum amount payable for work to be performed under this agreement is $300,000 per year. The maximum amount allowed under the previous agreement was $150,000. The Transportation Committee reviewed the agreement and recommended approval by the full City Council. COUNCILMEMBER GADMAN MOVED TO AUTHORIZE THE CITY MANAGER TO SIGN A MASTER INTERLOCAL AGREEMENT WITH THURSTON COUNTY. COUNCILMEMBER STEADMAN SECONDED. MOTION CARRIED. Scott Egger, Public Works Director, presented Council with a request to award Lacey Contract Number PW to low bidder Waunch Construction & Trucking from Olympia, Washington in the amount of $1,666, for Shady Lane Hicks Lake water & wastewater improvements. COUNCILMEMBER STEADMAN MOVED TO AUTHORIZE THE CITY MANAGER TO AWARD LACEY CONTRACT NUMBER PW TO LOW BIDDER WAUNCH CONSTRUCTION & TRUCKING IN THE Page 2 of 5

5 AMOUNT OF $1,666, FOR SHADY LANE HICKS LAKE WATER & WASTEWATER IMPROVEMENTS. COUNCILMEMBER GADMAN SECONDED. MOTION CARRIED. Scott Egger, Public Works Director, presented Council with a request to award Lacey Contract Number PW to low bidder Tapani, Inc. from Battle Ground, Washington, in the amount of $2,392, for reconstruction of 2,100 LF of Marvin Road from Britton Parkway / Willamette Drive to 30 th Avenue NE. COUNCILMEMBER GADMAN MOVED TO AUTHORIZE THE CITY MANAGER TO AWARD LACEY CONTRACT NUMBER PW TO LOW BIDDER TAPANI, INC. IN THE AMOUNT OF $2,392, FOR RECONSTRUCTION OF 2,100 LF OF MARVIN ROAD, FROM BRITTON PARKWAY/WILLAMETTE DRIVE TO 30 TH AVENUE NE. COUNCILMEMBER GREENSTEIN SECONDED. MOTION CARRIED. Council expressed their appreciation to Public Works staff for their participation in facilitating this successful publicprivate partnership. Scott Spence, City Manager, requested Council approval of revisions to the Council Policies- Procedures Manual, Section 2.12 and The Community Relations & Public Affairs Committee recommended forwarding Section Council Committees and Intergovernmental Boards & Commissions, and Section Spirit of Lacey Award to the full City Council for approval. COUNCILMEMBER GREENSTEIN MOVED TO APPROVE PROPOSED REVISIONS TO THE COUNCIL POLICIES - PROCEDURES MANUAL, SECTION 2.12 AND COUNCILMEMBER GADMAN SECONDED. MOTION CARRIED. Deputy Mayor Pratt expressed her appreciation of the process that provides flexibility to revise policies and procedures as needed. Scott Spence, City Manager, announced the Lacey Spring Fun Fair will be held on May 21 & 22, 2016, at St. Martin s University. Page 3 of 5

6 GENERAL COMMITTEES: Utilities Committee Councilmember Gadman reported the committee met on April 8, 2016, and received reports on the 2016 Stormwater Design Manual, the Brentwood Waterline Replacement, Water Quality Briefing, and the Utility Bill Printing Interlocal Agreement. BOARDS &COMMISSIONS: Intercity Transit Councilmember Gadman reported the Board amended a contract for storage tank replacement and will hold a public hearing on the TRPC Plan. JASCOM Councilmember Gadman reported the Board is in the process of revising its fees other than license fees. In other business, a contingent from Uganda selected the City of Lacey Joint Animal Services as one of three facilities to visit in the country, based on the outstanding services provided. Lacey South Sound Chamber Councilmember Hearn reported Colonel Morgan, JBLM Commander, addressed the Chamber regarding base operations and noise management. He recognized the military s great partnerships with the City of Lacey and the Nisqually Tribe. LOTT Deputy Mayor Pratt reported the Board received presentations and reports on several issues, including the BNR process, construction projects, facility operations, and the grand opening of the Deschutes Tumwater Park. ORCAA Deputy Mayor Pratt reported the Board reviewed highlights of the proposed budget, and approved a resolution to set the reserve budget at 20% instead of 25%. The Board will address the issue of using long term reserve funds to balance the budget. ORCAA staff will register marijuana growers and producers to monitor air quality. A burn ban will be in effect from July 15 through September 15, 2016, that is consistent with the DNR schedule. Page 4 of 5

7 SWAC Councilmember Greenstein reported the Board was briefed on a road construction project, and the Healthy Home Project that identifies health issues in homes. In other business, Councilmember Greenstein announced the Thurston County Commissioners will not conduct a public opinion survey of residents to evaluate the plastic bag ban. He noted the Lacey City Council based their decision in 2015 to not place a ballot measure before the voters with the understanding that a scientific survey of residents would be conducted by the county in Instead, Thurston County will conduct a survey of commercial businesses to identify financial impacts and waste stream impacts as a result of the ban. Councilmember Greenstein remarked that he is very disappointed with the decision to not move forward with the public opinion survey. Councilmembers Gadman and Steadman also expressed disappointment that the Council s expectation of a scientific survey of residents regarding the plastic bag ban will not be met. TCOMM 911 Councilmember Greenstein reported the Board reviewed the budget and has formed a committee to review the nonmember fee structures in order to establish a fair and equitable fee structure for all non-member users. Thurston County against Human Trafficking Councilmember Hearn reported the organization is working with schools throughout the state to educate students about human trafficking. ADJOURN: Deputy Mayor Pratt adjourned the meeting at 8:09 p. m. MAYOR: ATTESTED BY CITY CLERK: DATE APPROVED: Page 5 of 5

8 LACEY CITY COUNCIL ON THE ROAD WORKSESSION THURSDAY, MAY 19, 2016 COUNCIL PRESENT: A. RYDER, C. PRATT, V. CLARKSON, J. GADMAN, L. GREENSTEIN, J. HEARN, M. STEADMAN STAFF PRESENT: S. SPENCE, S. EGGER, L. GOTELLI, T. WOO, R. WALK, M. COPPIN, S. KIRKMAN, J. BAUERSFELD The Lacey City Council recently initiated a process to hold several Council meetings a year in residential neighborhoods to provide an opportunity for citizen engagement. The first Council on the Road meeting of 2016 was held at the Virgil S. Clarkson Senior Center. Mayor Ryder called the meeting to order at 7:30 p.m. COMMUNITY DEVELOPMENT UPDATE STAFF: ACTION: RICK WALK, COMMUNITY DEVELOPMENT DIRECTOR INFORMATION ONLY. Rick Walk, Community Development Director, presented an update on current construction projects that are underway in the City. He reported the current number of single family and multi-family homes currently under construction and/or new permits. Rick mentioned that there is a trend towards multi-family units, with some of those being affordable housing. A review of commercial projects was also presented, and it was mentioned that there has been an increase from the last couple of years on the commercial side. Council received questions from residents regarding specific development around the area, as well as plans for the future. TRANSPORTATION PROJECT UPDATE STAFF: ACTION: SCOTT EGGER, PUBLIC WORKS DIRECTOR INFORMATION ONLY. Scott Egger, Public Works Director, presented an update on roadway projects and construction for , including improvements to Marvin Road, Britton Parkway, and an update on the first roundabout on College Street at 22 nd Avenue, which is currently in right of way negotiations. Lacey City Council on the Road Worksession May 19, 2016 Page 1

9 TRANSPORTATION BENEFIT DISTRICT STAFF: ACTION: SCOTT EGGER, PUBLIC WORKS DIRECTOR INFORMATION ONLY. Scott Egger, Public Works Director, provided information regarding Lacey s Transportation Benefit District (TBD). TBD s are a funding tool passed by state legislature, created for the purpose of acquiring funding for transportation improvement projects. Scott explained that the City has invested in the overlay program for years; however, with the decrease in sales tax in , the City has no longer been able to continue the overlay program. The TBD allows the City Council to determine the appropriate funding mechanism and then implement a program to maintain and preserve the City s transportation infrastructure. Under the TBD, the City Council has two funding options they have considered, the first being an increase in vehicle licensing fees, which would result in an increase of approximately $20 per year, per vehicle, and would last indefinitely. In a two-vehicle household, that would result in an increase of $40 per year. Council can set that in place without a vote of Lacey s citizens. The second option is to raise the City sales tax rate by.02 percent, which would increase Lacey s sales tax rate from 8.7 percent to 8.9 percent. This increase would last 10 years and then cease. For a family with an income of $60,000 per year, the impact would be approximately $25 per year. This option would be presented to the citizens on an upcoming ballot in The Lacey City Council has decided to move forward with the proposed sales tax increase of.02 percent, due to the fact that the voters will have an opportunity to take part in an election process. An election date has not been chosen yet; however, in order to maintain Lacey s good pavement condition index, Scott stressed that something needs to be done soon. The Council received questions and input from residents regarding the two TBD funding options, as well as the details for roadway repairs. The meeting adjourned at 8:20. Lacey City Council on the Road Worksession May 19, 2016 Page 2

10 LACEY CITY COUNCIL MEETING June 9, 2016 SUBJECT: Disbursement Approval RECOMMENDATION: By motion, approve payment of claims, wages, and transfers. STAFF CONTACT: Troy Woo, Finance Director ORIGINATED BY: Troy Woo, Finance Department BACKGROUND: The action requested of the City Council is by motion to approve payment of claims, wages and transfers for 5/3/2016 through 5/31/2016. The disbursements consist of the following: Checks: Week of Beg. Check No. End. Check No. Amount 5/6/ , /13/ ,511, /20/ , /27/ , *5/31/ , Electronic Transfers: Week of Amount *5/3/ , /4/ /6/ , /10/2016 1, /11/2016 8, /13/ , /1/ /20/ , /25/ , /27/ , /31/ , *5/31/ , *5/31/2016 1,137, Payroll: Month Ended: Wages *5/3/ , *5/31/2016 1,165, Page 1 of 2

11 Significant Disbursements: Vendor Amount Description Clark & Sons Excavating $ 59, Critical Valves (Water) LOTT $1,118, Rates & Capacity Development Charges Puget Sound Energy $ 88, Utilities Puget Sound Energy $ 51, Utilities Northwest Cascade $ 238, Tanglewilde Water/Sewer Pacific Civil&Infrastructure $ 518, Brentwood College to Ruddell * Disbursements for employee out-of-pocket deductions and employee benefits. Page 2 of 2

12 LACEY CITY COUNCIL MEETING June 9, 2016 SUBJECT: Regulation of Transportation Network Companies RECOMMENDATION: Motion to approve proposed ordinance regulating transportation network companies and establishing a new chapter in the Lacey Municipal Code, and approval of an interlocal agreement regarding joint regulation of transportation network companies STAFF CONTACT: ORIGINATED BY: ATTACHMENTS: Scott Spence, City Manager Liz Gotelli, Public Affairs and Human Resources Director Steve Kirkman, Public Affairs Manager Public Affairs Department 1. Ordinance regulating transportation network companies and establishing a new chapter in the Lacey Municipal Code. 2. Interlocal agreement between the cities of Lacey, Olympia, Tumwater, and Yelm regarding joint regulation of transportation network companies. FISCAL NOTE: PRIOR REVIEW: None General Government & Public Safety Committee, December 14, City Council Worksession February 18, BACKGROUND: Transportation network companies (TNCs) provide transportation services via web-based apps that connect paying passengers with drivers in private vehicles. Uber is perhaps the best-known TNC. Others include Lyft, Sidecar, Summon and Wingz. Through these apps, which can be accessed through a cell phone, mobile device, or personal computer, TNCs manage routes, rates, fare calculations and payments, as well as Page 1 of 3

13 ratings of drivers and riders. TNCs generate revenue by receiving a commission from drivers for each arranged ride typically between 20 and 30 percent of the fare. Uber has requested approval to operate in Lacey, Olympia, Tumwater, and Yelm. The company estimates it will attract between 40 and 50 local (Thurston County) drivers initially, with 10 to 15 new drivers signing up each week. Data compiled by Uber in January 2015, indicated eleven percent of its new drivers stopped driving within their first month, and about half leave within the first year. Seattle has an estimated 2,000 Uber drivers, compared to 890 licensed taxis, limousines, and town cars (for-hire vehicles). Uber also currently operates in Bellingham, Spokane, Tacoma, and Vancouver. Nationwide, Uber serves about 198 cities. In 2012, the cities of Lacey, Olympia, and Tumwater adopted common taxi company rules to provide a uniform regulatory environment for taxi operators. The goal of the proposed TNC ordinance is to pursue a similar approach with TNCs. The City of Yelm adopted its version of this ordinance last month on May 24. Olympia and Tumwater will consider their ordinances this month on June 7. While TNCs can operate locally under existing taxi company regulations, most TNCs prefer to conduct their own background investigations of potential drivers. There are some differences between taxi / for-hire vehicle background checks as specified by LMC , and the process used by TNCs. LMC requires fingerprinting of drivers by one of the participating jurisdictions police departments. The fingerprints are forwarded to the Washington State Patrol, which queries the state fingerprint database. The prints are then sent to the FBI nationwide Criminal Justice Information System database. Any resulting FBI report would contain criminal history convictions reported nationwide to the FBI; the report, however, would not include convictions for misdemeanors or other crimes that aren t normally reported to the FBI. TNC background checks are usually conducted by private security firms. Uber, for example, contracts with Checkr, which is nationally-accredited by the National Association of Professional Background Screeners. The proposed ordinance requires TNC background checks to include a search of five years of history on local, state, and national criminal history databases and national and state sex offender registries. Any person who is on a sex offender registry, or who has been convicted within the past five years of crimes involving driving under the influence of alcohol or controlled substances, sexual offenses, felony fraud or property damage or theft, acts of violence, acts of terror, reckless driving or negligent driving, or use of a motor vehicle to commit a felony, is not permitted to act as a TNC driver. The TNC must maintain background check records for a period of two years. TNC drivers will be required to obtain a business license in each of the cities they provide service. Also, TNC drivers will be responsible for paying any applicable local business and occupation (B & O) taxes on collected fares. Page 2 of 3

14 In addition, the proposed ordinance provides for twice-yearly random audits by the cities of TNC company records relating to twenty randomly-selected TNC drivers. The attached interlocal agreement designates the City of Olympia as the lead agency with responsibility for providing administrative services required for licensing of TNCs. In exchange for Olympia s performance, the license fees paid by a TNC will be retained by Olympia, and Olympia s TNC license will be honored by Lacey, Tumwater and Yelm. ADVANTAGES: 1. The proposed ordinance and interlocal agreement will provide a uniform regulatory environment among the cities of Lacey, Olympia, Tumwater, and Yelm for transportation network company operators and drivers, and allow for provision of additional transportation options to residents and visitors. DISADVANTAGES: 1. TNCs are an emerging market player in the transportation services field and could potentially disrupt the business models of traditional transportation service providers such as taxicab and for-hire vehicle companies. Page 3 of 3

15 Ordinance No. AN ORDINANCE OF THE CITY OF LACEY, WASHINGTON, RELATING TO TRANSPORTATION NETWORK COMPANIES, AMENDING SECTION AND ADOPTING A NEW CHAPTER 5.26, ALL OF THE LACEY MUNICIPAL CODE, AND APPROVING A SUMMARY FOR PUBLICATION. WHEREAS, Lacey Municipal Code Chapter 5.24 regulates for-hire vehicle driver/operator services in the City of Lacey; and WHEREAS, new technology-based companies, known as transportation network companies, offer a new model of commercial transportation service using online-enabled digital platforms to connect passengers with drivers using personal vehicles; and WHEREAS, transportation network company services are sufficiently distinct from taxicabs and for-hire vehicle services as to warrant separate regulation; and WHEREAS, the Lacey City Council desires to amend Lacey Municipal Code Section , regarding Occupational Permits for taxicabs and for-hire vehicles, and adopt a new Lacey Municipal Code Chapter 5.26 in order to regulate the operations of transportation network companies in the City of Lacey for the purpose of promoting the safety and welfare of the general public. NOW, THEREFORE, BE IT ORDAINED BY THE LACEY CITY COUNCIL OF THE CITY OF LACEY, WASHINGTON, as follows: Section 1. Lacey Municipal Code Section , is hereby amended to read as follows: Definitions. For purposes of this chapter, the terms set forth below shall have the following meanings: A. Person means any natural person, firm, corporation, partnership or association either acting by themselves or by servant, agent or employee. B. For-hire vehicle includes all vehicles used for the transportation of passengers for compensation, except auto stages, buses, ride share vehicles, and limousines, and transportation network company vehicles as defined and regulated in LMC Chapter The term primarily applies to taxicabs. C. Driver and operator means the person physically engaged in driving a for-hire vehicle, whether or not said person is the owner of or has any financial interest in said vehicle.

16 D. Director means the director of finance for the city. Section 2. There is hereby added to the Lacey Municipal Code a new chapter, 5.26, to read as follows: Purpose The purpose of this chapter is to provide for and promote the safety and welfare of the general public and not to create or designate any particular class of persons who will or should be specially protected by its terms. Nothing contained in this chapter is intended, nor shall be construed, to create any liability on the part of the city or its employees for any injury or damage resulting from the failure of the licensee or driver to comply with the provisions of this chapter, or by the city s or its employees enforcement or failure to enforce any part of this chapter Definitions For the purpose of this chapter, the following definitions apply: A. Transportation Network Company or TNC means an entity that uses a digital network to connect passengers to TNC drivers who use personal vehicles to transport passengers for compensation between geographical points chosen by the passenger. B. Digital network means an Internet-enabled platform or application used to connect passengers with TNC drivers. C. TNC driver means an individual who uses a personal vehicle to provide transportation services arranged through a TNC s digital network. D. TNC vehicle means a personal vehicle used by a TNC driver to provide transportation services arranged through a TNC s digital network. E. Operate a TNC in the City of Lacey means a TNC uses its digital network to connect a TNC driver to a passenger for a trip originating in the City of Lacey. F. Operate as a TNC driver in the City of Lacey means a TNC driver accepts a trip request over a TNC s digital network that originates in the City of Lacey. G. "Person" means any natural person of either sex, firms, corporations, partnerships and associations either acting by themselves or by servant, agent or employee. The singular shall include the plural and the masculine pronoun shall include the feminine and neuter. H. Director means the director of finance for the city Lacey business license required

17 A. It is a violation of this chapter for any TNC to operate in the City of Lacey without a current and valid City of Lacey business license. B. It is a violation of this chapter for any TNC driver, who is an independent contractor affiliated with a TNC, to operate in the City of Lacey without a current and valid Lacey business license. It is the responsibility of the TNC to communicate this requirement to TNC drivers. C. TNC drivers must keep a copy of their business license in their vehicle when logged on and accepting rides from the TNC s digital network. It is the responsibility of the TNC to communicate this requirement to TNC drivers. D. Except as described in subsections B and C, the TNC shall have no obligations as to TNC driver business license requirements TNC license required A. It is a violation of this chapter for any TNC to operate in the City of Lacey without a current and valid City of Lacey TNC license. B. The Director or designee may issue a TNC license provided that the TNC applicant submits an affidavit sworn under penalty of perjury, on a form provided by the City, that to the best of the applicant s knowledge, formed after a diligent inquiry into the facts, the TNC is in full compliance with this chapter, including, but not limited to, all driver, vehicle, insurance, and operational requirements. C. The TNC license shall be effective for one year. D. The annual TNC license fee shall be $1,000 and shall be paid in full at the time of submitting all initial and renewal applications TNC driver requirements A. TNC drivers shall certify that they have no known physical or mental infirmity which jeopardizes their ability to safely operate as a TNC driver transporting the public. B. TNC drivers shall be at least twenty-one (21) years of age. C. TNC drivers shall possess a valid Washington State driver s license and shall have been continuously licensed as a driver by the State of Washington and/or another state for at least one (1) year immediately prior to operating as a TNC driver in Lacey. A home state Driver s License with active Military ID or Student ID with proof of full-time enrollment and nonresident status may be an acceptable alternative, subject to review and approval. D. TNC drivers shall certify that they have insurance that meets the minimum liability requirements for the State of Washington, including insurance coverage for use of the vehicle for

18 transportation of passenger for-hire as required by RCW Chapter as enacted or subsequently amended. E. TNC drivers shall not have been convicted or found to have committed three or more moving violations during any twelve (12) month period during the three (3) years prior to operating as a TNC driver in Lacey. F. TNC drivers shall possess proof of motor vehicle registration and proof of current automobile liability insurance. The TNC shall certify that all drivers have insurance that meets the requirements of this chapter, including insurance coverage for use of the vehicle for transportation of passengers for-hire as required by RCW Chapter as enacted or subsequently amended TNC requirements A. The TNC or its agent shall maintain accurate and up-to-date records for all TNC drivers accessing its digital network to provide TNC services in the City of Lacey. Said records shall include the driver s name, age, address, social security number, criminal history, driver s license, motor vehicle registration, vehicle safety inspection records, and proof of at least the minimum automobile liability insurance coverage required by the State of Washington, including insurance for use of the vehicle for transportation of passengers for-hire as required by RCW Chapter as enacted or subsequently amended. B. Prior to permitting a person to act as a TNC driver on its digital network, and annually thereafter, the TNC shall obtain and review a criminal background check report for such person. The criminal background check shall include a search of no less than five (5) years of database history, unless prohibited by law, in which case the duration of the search shall be the maximum number of years permitted by law. The criminal background check shall include local, state, and national criminal history databases and national and state sex offender registries. Any person who is on a sex offender registry or who has a criminal conviction, within the past five (5) years, of crimes involving driving under the influence of alcohol or controlled substances, felony fraud, sexual offenses, felony property damage or theft, acts of violence, acts of terror, reckless driving or negligent driving, or use of a motor vehicle to commit a felony, shall not be permitted to act as a TNC driver on the TNC s digital network. The TNC or its agents shall maintain records of such criminal background checks for a period of two (2) years. For purposes of this section, the term criminal conviction includes a conviction or other disposition adverse to the subject as defined under RCW , and bail forfeitures. C. The TNC shall only permit an individual to act as a TNC driver on its digital network if it finds that the standards set forth in this section are met by such individual. The TNC shall revoke a driver s authority to act as a TNC driver on its digital network if the standards set forth in this section are not met Vehicle inspection and maintenance A. TNC vehicles operating in the City of Lacey shall be no more than ten (10) years old.

19 B. The TNC shall inspect or cause to be inspected annually and every year thereafter, every motor vehicle used by a TNC driver before allowing the driver to use the motor vehicle to provide transportation services. C. The inspection required in subsection B must include, without limitation, an inspection of the foot and emergency brakes, steering, windshield, rear window, other glass, windshield wipers, headlights, tail lights, turn indicator lights, braking lights, front seat adjustment mechanism, doors, horn, speedometer, bumpers, steering system, muffler, exhaust, tires, rear view mirrors, and safety belts. The inspection must ensure that all of the components listed are in proper functioning order. D. The TNC shall maintain vehicle safety inspection records for a minimum of three (3) years Insurance requirements The TNC shall comply with the automobile liability insurance requirements contained in RCW Chapter as enacted or subsequently amended Registered agent required The TNC shall maintain a registered agent for service of process in the State of Washington. The name, telephone number, and physical address of the registered agent shall be submitted to the City of Lacey at the time of license application. The TNC shall notify the City of Lacey in writing of any changes to its registered agent during the term of the license Audit A. No more than twice per license year, the City may audit the TNC s records to review compliance with this chapter. Each audit shall be limited to records relating to no more than twenty randomly selected TNC drivers operating in the City of Lacey. In the event the audit reveals discrepancies in the records reviewed, the City reserves the right to audit all of the TNC s records related to TNC drivers operating in the City of Lacey. B. The audit shall occur at City Hall, 420 College St SE, Lacey, Washington; provided that the City may in its discretion agree to an alternative location. C. Notwithstanding the foregoing, the City may require the TNC to produce records at any time to investigate a specific complaint regarding compliance with this chapter Operational Requirements A. TNC drivers shall accept only rides arranged through a TNC s digital network and shall not solicit or accept street hails by persons seeking transportation.

20 B. While in service in the City, each TNC vehicle shall display removable trade dress or marks which is visible from fifty (50) feet and clearly associates the vehicle with a licensed TNC company. C. The TNC s digital network or website shall display for the passenger the first name and photograph of the TNC driver as well as the make, model, and license plate number of the TNC vehicle. D. The TNC s digital network or website shall display for the passenger the applicable rates being charged and the option to receive an estimated fare before the passenger enters the TNC vehicle. E. The TNC shall implement a zero tolerance policy on the use of drugs or alcohol applicable to any TNC driver on its digital network. The TNC shall provide notice of the zero tolerance policy on its website, as well as the procedures to report a complaint about a TNC driver with whom the passenger was matched and for whom the passenger reasonably suspects was under the influence of drugs or alcohol during the course of the ride. The TNC shall immediately suspend a driver upon receipt of a passenger complaint alleging a violation of the zero tolerance policy. The suspension shall last the duration of the investigation Non-Discrimination; Accessibility A. The TNC shall adopt a policy of non-discrimination on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity with respect to riders and potential riders and notify TNC drivers of such policy B. TNC drivers shall comply with all applicable laws regarding non-discrimination against riders or potential riders on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity. C. TNC Drivers shall comply with all applicable laws relating to accommodation of service animals. D. A TNC shall not impose additional charges for providing services to persons with physical disabilities because of those disabilities Revocation, suspension, or denial of TNC license A. A TNC license may be revoked, suspended, or denied by the Director for any of the following reasons: 1. Failure to meet or maintain any of the requirements or qualifications set forth in this chapter for obtaining a TNC license. 2. A materially false statement contained in the application for the license.

21 3. Any violation of this chapter. B. Prior to any revocation, suspension or denial of any TNC license, the City shall inform the TNC of their right to a hearing thereon. Such hearing, if requested, shall be conducted before the City prior to the implementation of any revocation, suspension or denial Enforcement The Director shall have the administrative authority to implement and enforce this ordinance. The Director may adopt rules and regulations for its administration, not inconsistent with this chapter. This provision shall not be construed to abrogate or limit the jurisdiction of the Lacey Police Department to enforce any provisions of this chapter or of any other city ordinance relating to motor vehicles or the operation of taxicabs or TNC vehicles Penalty A. In addition to all other provisions and standards of this ordinance, the acts or omissions set forth in this section are prohibited. Any TNC or TNC driver who shall fail to comply with any provision or standard of this ordinance shall be in violation of this ordinance. A TNC may be held responsible for violations by TNC drivers if the TNC is provided notice of the violation and fails to cure it within a reasonable period. Any special license granted to a TNC may be suspended or revoked by the Director or designee for such violation. B. Submitting a materially false affidavit or attestation. Any TNC submitting a materially false affidavit as provided for under LMC shall be deemed to have committed a misdemeanor, and if found guilty, shall be subject to a fine not to exceed One Thousand Dollars ($1,000), and/or to imprisonment not to exceed ninety (90) days or to both such fine and imprisonment. Each day shall be a separate offense. In the event of a continuing violation or failure to comply, the second and subsequent days shall constitute a gross misdemeanor punishable by a fine not to exceed Five Thousand Dollars ($5,000) and/or imprisonment not to exceed three hundred and sixty-four (364) days or both such fine and imprisonment. Continuing violation shall mean the same type of violation which is committed within a year of the initial violation. C. Operating without a TNC license. Any TNC affiliating with a driver who is picking up a passenger in the City of Lacey without having first obtained a TNC license shall be subject to a Class 3 civil infraction in accordance with RCW A second offense shall be a Class 2 civil infraction. Any third or subsequent offense shall be a Class 1 civil infraction. D. While in service, any TNC driver picking up a passenger in the City of Lacey without having a current contract with a special licensed TNC shall be subject to a Class 3 civil infraction in accordance with RCW A second offense shall be a Class 2 civil infraction. Any third or subsequent offense shall be a Class 1 civil infraction.

22 E. Any independent contractor TNC driver who picks up a passenger in the City of Lacey and who has not obtained a business license under LMC shall be subject to penalties as stated in LMC Delegation and Reciprocity A. The City of Lacey may delegate the administration and enforcement of TNC licenses to a partner jurisdiction by interlocal agreement. B. The City of Lacey will honor valid TNC licenses issued by partner jurisdictions pursuant to an interlocal agreement as long as their ordinances regarding TNC licenses remain substantially the same as the City of Lacey s. A person holding a valid TNC license from a partner jurisdiction is authorized to conduct the licensed business within the City of Lacey in exactly the same manner and subject to the same rules and regulations as a person holding a license from the City of Lacey. Section 3. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or application of the provisions to other persons or circumstances shall remain unaffected. Section 4. Corrections. The City Clerk and codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 5. Effective Date. This ordinance shall take effect five (5) days after publication, as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF LACEY, WASHINGTON, at a regularly-called meeting thereof, held this day of, CITY COUNCIL By: Mayor Approved as to form: Attest:

23 City Attorney City Clerk

24 SUMMARY FOR PUBLICATION ORDINANCE NO CITY OF LACEY The City Council of the City of Lacey, Washington passed on, 2016, Ordinance No., entitled AN ORDINANCE OF THE CITY OF LACEY, WASHINGTON, RELATING TO TRANSPORTATION NETWORK COMPANIES, AMENDING SECTION AND ADOPTING A NEW CHAPTER 5.26, ALL OF THE LACEY MUNICIPAL CODE, AND APPROVING A SUMMARY FOR PUBLICATION. The main points of the Ordinance are described as follows: 1. The Ordinance amends Section of the Lacey Municipal Code to narrow the definition of for-hire vehicle to exclude transportation network company vehicles. 2. The Ordinance creates a new chapter of the Lacey Municipal Code, Chapter 5.26, in order to regulate the operations of transportation network companies in the City of Lacey. 3. The Ordinance approves this summary for Publication. A copy of the full text of this Ordinance will be mailed without charge to any person requesting the same from the City of Lacey. Published:, 2016.

25 INTERLOCAL AGREEMENT BETWEEN THE CITIES OF LACEY, OLYMPIA, TUMWATER AND YELM REGARDING JOINT REGULATION OF TRANSPORTATION NETWORK COMPANIES THIS INTERLOCAL AGREEMENT is entered into by and between the cities of Lacey, Olympia, Tumwater, and Yelm, collectively referred to as the Parties, for the purpose of joint regulation of transportation network companies. WHEREAS, RCW (2) permits any two or more public agencies to enter into agreements with one another for joint and cooperative action; and WHEREAS, new technology-based companies, known as transportation network companies ( TNCs ) or commercial transportation services providers, offer a new model of commercial transportation service using online-enabled digital platforms to connect passengers with drivers using personal vehicles; and WHEREAS, the Parties currently have regulations providing reciprocity to honor occupational permits issued by any of the Parties to for-hire vehicle drivers; and WHEREAS, RCW defines commercial transportation services providers and commercial transportation services provider drivers as distinct from taxicabs and for-hire vehicle companies creating the need for separate regulations; and WHEREAS, the Parties have adopted nearly identical ordinances to provide for and protect the safety and welfare of the general public by creating regulations and enforcement provisions applicable to TNCs and TNC drivers; and WHEREAS, by this Interlocal Agreement, the Parties seek to streamline these new regulations by authorizing the delegation of the administration and enforcement of TNCs and TNC drivers to one jurisdiction; NOW, THEREFORE, in consideration of the term and conditions contained herein, the Parties agree as follows: Section 1. Scope of Services. a. The Parties have adopted nearly identical ordinances regarding the administration and enforcement of TNCs and TNC drivers which authorizes the delegation of administration and enforcement to another city that is a party to this Agreement. Interlocal Agreement for TNC Delegation of Joint Regulations and Enforcement Page 1 of 5

26 b. The City of Olympia is hereby designated as the agency with authority and responsibility for providing any and all administrative services required for the licensing of TNCs. The administrative services to be performed by the City of Olympia include but are not limited to the following: 1. Create application forms for the licensing of a TNC, to include a sworn affidavit that the TNC is in full compliance with Olympia s TNC ordinance, codified as Chapter 5.11 of the Olympia Municipal Code (OMC), including driver, vehicle, insurance and operational requirements. 2. Review the application, confirm compliance, collect the license fee, and issue the annual license. 3. Perform audits of the TNC s continued compliance with OMC Chapter Enforcement of the rules and regulations consistent with OMC Chapter 5.11, including the conduct of hearings pursuant to OMC c. In exchange for Olympia s performance, the license fees paid by a TNC will be retained by Olympia and the Parties will honor valid TNC licenses issued by Olympia. d. The Parties retain the right to supplement audit and/or enforcement activities at any time. e. The delegation of licensing of TNCs does not apply to business license requirements of TNC drivers. TNC drivers are independent contractors and must obtain a business license from each Party. Section 2. Duration. The terms and performance of this Agreement shall commence after the approval by the governing body of each Party and following the recording of this Agreement with the Thurston County Auditor or posting it on each Party s website as provided in RCW This Agreement will terminate on January 1, 2020, unless amended by agreement of the Parties. Section 3. Withdrawal from Agreement. Any Party may withdraw from this Agreement at any time. Withdrawal shall be effective immediately upon receipt of written notice by the other Parties. Section 4. Changes. Any party may request changes to this Agreement, however, no change or addition to this Agreement shall be valid or binding upon Interlocal Agreement for TNC Delegation of Joint Regulations and Enforcement Page 2 of 5

27 any Party unless such change or addition be in writing and signed by the Parties. Such amendments shall be attached to and made part of this Agreement. Section 5. Administration. Each Party shall be responsible for administering the terms of this Agreement. No separate legal entity is created by reason of entering into this Agreement. No joint organization is created. No common budget is to be established. No personal or real property is to be jointly acquired or held. Section 6. Entire Agreement. The Parties agree that this Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. Further, any modification of this Agreement shall be in writing and signed by the Parties. Failure to comply with any of the provisions stated herein shall constitute material breach of contract and cause for termination. The Parties recognize time is of the essence in the performance of the provisions of this Agreement. It is also agreed by the Parties that the forgiveness of the nonperformance of any provision of this Agreement does not constitute a waiver of the provisions of this Agreement. Section 7. Notice. Notices required to be given by any Party shall be deemed given when served on the respective City Clerks of each Party. Section 8. Governing Law. This Agreement shall be governed by the laws of the State of Washington as to interpretation and performance. The exclusive jurisdiction and venue for any lawsuit between the Parties arising out of this Agreement shall be in Thurston County Superior Court. Section 9. Counterparts. This Agreement may be executed in counterparts, each of which shall be considered for all purposes as an original. Section 10. Remedies. In addition to the remedies provided by law, this Agreement shall be specifically enforceable by any Party. Section 11. Severability. If any provision of this Agreement or any provision of any document incorporated by reference shall be invalid, such invalidity shall not affect the other provisions of this Agreement, which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. [Signatures on following page.] Interlocal Agreement for TNC Delegation of Joint Regulations and Enforcement Page 3 of 5

28 IN WITNESS WHEREOF, this Agreement is executed by the Parties as of the date set forth below. CITY OF LACEY CITY OF OLYMPIA Scott Spence, City Manager Cheryl Selby, Mayor Date ATTEST: Date ATTEST: Carol Litten, City Clerk APPROVED AS TO FORM: Jane Kirkemo, City Clerk APPROVED AS TO FORM: David Schneider, City Attorney Mark Barber, City Attorney Interlocal Agreement for TNC Delegation of Joint Regulations and Enforcement Page 4 of 5

29 CITY OF TUMWATER CITY OF YELM Pete Kmet, Mayor Ron Harding, Mayor Date ATTEST: Date ATTEST: Melody Valiant, City Clerk APPROVED AS FORM: Janine Schnepf, City Clerk APPROVED AS TO FORM: Karen Kirkpatrick, City Attorney Brent Dille, City Attorney Interlocal Agreement for TNC Delegation of Joint Regulations and Enforcement Page 5 of 5

30 LACEY CITY COUNCIL METTING JUNE 9, 2016 SUBJECT: Appointment to Capital Area Regional Public Facilities District Board (CAR-PFD) RECOMMENDATION: Approve re-appointment of Nancy Clauson (Peterson), regional representative, to a consecutive full-term on the CAR-PFD Board. STAFF CONTACT: Scott Spence, City Manager ORIGINATED BY: City Manager Department ATTACHMENTS: 1. RCW Creation of Corporate Board of Directors Roster of CAR-PFD Boardmembers 3. Bio of Nancy Clauson (Peterson) FISCAL NOTE: NONE PRIOR REVIEW: NONE BACKGROUND: On June 25, 2002, the Lacey City Council approved an interlocal agreement for the creation of a Public Facilities District with the cities of Olympia and Tumwater, and Thurston County. The role of the Capital Area Regional Public Facility District (CAR-PFD) is to satisfy the legal requirement for an organization to oversee the collection and distribution of the.033 percent of the State s share of sales tax within the member jurisdictions to fund the PFD s projects according to the law. The two regional projects which receive funding are the Regional Athletic Center and the Hands on Children s Museum. In compliance with RCW (3)(c), a public facilities district created by the cities and county must be governed by a board of directors consisting of seven members. Three members are appointed by the four jurisdictions as regional representatives. Four members are appointed by the legislative authorities of the cities and county. Page 1 of 2

31 Nancy Clauson (Peterson) served on the Lacey City Council from 1993 through She was elected Mayor from , and Deputy Mayor from Prior to her public service as a Council member, Nancy was appointed to the Planning Commission from , serving for a time as chair. Nancy was recently appointed to the Lacey Leadership Council of past mayors working on emerging regional issues, and has participated in the visioning process for the Woodland District Strategic Plan. In 2008 the Capital Area Regional Public Facilities District was formed. In collaboration with former Olympia Mayor Doug Mah, Nancy was instrumental in moving the process forward, resulting in funding for the Hands on Children s Museum and the Regional Athletic Complex. Nancy has served on the CAR-PFD Board as a regional representative since 2012, and has expressed an interest in continuing to serve in this capacity. Staff has notified the cities of Olympia and Tumwater, and Thurston County regarding the vacancy, and of Nancy s interest in continuing to serve on the CAR-PFD Board as a regional representative. Based on Mayor Ryder s recommendation to re-appoint Nancy Clauson (Peterson) to another term on the CAR-PFD Board of Directors, staff requests Council consider approval of the Mayor s recommendation. ADVANTAGES: 1. Former Lacey Mayor Nancy Clauson (Peterson) has served on the CAR-PFD Board since 2012, and understands the history and dynamics of the Board. Nancy s experience, leadership and commitment to service would continue to be an asset as a member of the CAR-PFD Board. DISADVANTAGES: 1. None. Page 2 of 2

32 . ~CW 3S O: Creation - Board Octors-Corporate powers. 0 Page 1 of2 RCW Creation - Board of directors - Corporate po.wers. (1 Xa) The Jeglslatlve authority of any town or city located In a county with a populatjon of leu than one mllllon may create a publlc facllltles district. (b) The leglslauve authorities of any contiguous group of towns or cities located In a coooty or counllea each with a population of lesa than one million may enter an agreement under chapter RCW for the aeatlon and joint operatlan of a public facllltlea district. (c) The leglalauve authority of any town or city, or any contiguous group of towns or cities, located In a county with a pop\aatlon of less than one mtlllon and the leglalatlve authority of a contiguous county, or the leglslauve authority of the county or counties In which the towns or cities are located, may enter Into an agreement under chapter RCW for the creation and Joint operation of a publk: facllftjes dlstrtct. (d) The leglelatlve authority of a city located In a county with a populauon greater than one mlluon may create a public facldues dlstrlct, when the city haa a total population of lea than one hundr&d fifteen thousand but greater than eighty thousand and commences construction of a regional center prior ID July 1, (2){a) A public fadltles dlslrtct 8hal be coextensive with the boundaries of the city or town or contiguous group of dtles or towns that created the dlatrlct. (b) A public fachltles dl81r1ct created by an agreement between a town or city, or a contiguous group of towns or cities, and a contiguous county or the county In which they 818 located, shah be coextensive with the boundaries of the towns or cities. and the boundaries of the county or countlel as to the unincorporated aruaa of the county or counties. The boundaries shall not Include Incorporated towns or cities that are not partlea to the agreement for the creation and Joint operation of the dlstrfct. (3Xa) A public faclutles dlsbk:t created by a &Ingle city or town shall be govemed by a board of directors conslatlng of five members selected as follows: (I) Two members appointed by the leglalatlve authority of the city or town; and (B) three member& appointed by leglslative euthonty based on recommendations from local organlzauons. The members appointed under (a)(i) of this subsection, shall not be members of the leglslauve authority of the city or town. The members appojnted under (a)(lt) of this subsectjon, shah be based on recommendations received from local organizations that may Include, but are not limited to the local chamber of commerce, locaj economic development council, and local labor council. The members shall serve four-year tenns. Of the lnltlal members, one must be appointed for a one-year tenn, one must be appointed for a two-year term, one must be appointed for a three-year term, and the remainder must be appointed for four-year tenne. (b) A public faclllties dlatdct created by a contiguous group of cttfes and towns lhal be governed by a board of dlrector8 consla1fng of seven members selected aa follows: (I) Three members appointed by the legislative euthortties of the dtlea and towns; and (H) four members appointed by the leglslauve authority baaed on recommendations from local organizations. The membeni appointed under (b)(i) of this subsection shall not be members of the leglalauve authorities of the cities and towns. The member& appointed under (b){h) of this subsection, shad be based on recommendauons received from local organizations that Include, but are not llmlted to the local chamber of commerce, local economic development councb, local labor council, and a neighborhood organization that la directly affected by the JocaUon of the reglonal center In their 8f8a The members of the board of directors shall be appointed In accordance with the tenns of the 8gf88m9nt under chapter RCW for the joint operation of the df&trlct and ahall serve four-year tenns. Of the lnltlal members, one must be appointed for a one-year tenn, one must be appointed for a two-year term, one must be appointed for a three-year term, and the remainder must be appointed for four-year terms. (c) A public facllltlea dl81r1ct crealbd by a town or city, or a contiguous group of towns or cltlee, and a contiguous county or the county or counties In which they are located, ahah be governed by a board of directors consisting of aeven members selected as follows: (I) Three members appointed by the leglalatlve authorities of the dtlea, towns, and county; and (D) four members appointed by the legislative authority based on recommendations from local organizations. The members appointed under (c)(i) of this subsecuon shaft not be members of the leglslallve authorities of the cities, towns, or county. The members appointed under (c){ll) of this subsection &hall be baaed on recommendations received from local organlzatlona that Include, but are not limited to, the local chamber of commen:e, the local economic development coundl, the local labor council, and a nelghb9rhood organization that Is directly affected by the location of the regional center In their area. The members of the board of dlrectora shau be appointed In ar.cordance with the terms of the agreement under chapter RCW br the joint operation of the district and shall Be1Ve bur-year tenns. Of the Initial members, one must be appointed for a one-year term, one must be appointed for a two-year tenn, one must be appointed for a three-year tenn, and the remainder must be appointed for four-year tenna. (4) A public faclltles district Is a munlclpal corporation, an Independent taxing authority" within the meaning of Article VII, secuon 1 of the state Conttltutlon, and a "taxing district within the meaning of Article VII, section 2 of the state Conatttutlon. (5) A public facilities district &hall constltula a body corporate end shall possess all the usual powers of a corporauon for public pu..,,,,, \ http.//apps.leg.wa.gov/rcw/supdefault.aspx?cite=

33 ,. )tcw 35_57.010: Creation - Board O ctors - Corporate powers. Q Page 2 of2 as well as ah other powera that may now or hereafter be specifically conferred by statute, Including, but not limited to, the authority to hire employees, staff, and &e1vlcea, to enter Into contract.a, and to sue and be sued. (6) A pubuc faclllues district may acquire and tranafer real and personal property by lease, sublease, purchase, or sate. No direct or collateral attack on any public facllltfes dlstr1ct purported to be authorized or created In conformance with this chapter may be commenced more than thirty days after creation by the city and/or county leglalatlve authority. (2007c 488 1; 2002 c 383 S 1; 1999c165S1.) I 0 10/23/2007

34 CAPITAL AREA REGIONAL PUBLIC FACILITIES DISTRICT BOARD OF DIRECTORS (2016) Four Year Terms - No Term Limits Established in TRENT GRANTHAM NANCY CLAUSON (PETERSON) City of Tumwater Representative Regional Representative 902 "G" Street SW 2103 Alonda Ln NE Tumwater WA Olympia WA Home Phone: Home Phone: (360) Work Phone: nancypetey@comcast.net trent@glanderassociates.com Date Appointed: 03/01/2012 Date Appointed: 03/01/2011, 2015 Term Expiration Date: 03/01/2016 Term Expiration Date: 03/01/2019 DAVID BRINE CHRIS LEICHT City of Olympia Representative Regional Representative 1716 Camelot Park SW 3126 Bonanza Ct NE Olympia WA Olympia WA Home Phone: Home Phone: d.brine@comcast.net leichtc@comcast.net Date Initially Appointed: 12/04/2007 Date Appointed: 04/01/2006 Date Reappointed: 03/01/2011, 2015 Date Reappointed: Term Expiration Date: 03/01/2019 Term Expiration Date: 03/01/2018 MARK FOUTCH, PRESIDENT ( ) KEN PARSONS, SECRETARY/TREASURER ( ) Regional Representative Thurston County Representative 1056 Boundary St SE 4747 Shincke Road NE Olympia WA Olympia WA Home Phone: Home Phone: mfoutch@juno.com wa.kenparsons@gmail.com Date Initially Appointed: 04/12/2010 Date Initially Appointed: 02/25/2003 Date Reappointed: 03/01/2013 Date Reappointed: 02/12/2007, 03/01/2011 Term Expiration Date: 03/01/ /01/2015 Term Expiration Date: 03/01/2019 DENNIS REED ADMINISTRATIVE SUPPORT City of Lacey Representative City of Lacey 609 Enterprise Drive NE Carol Litten, City Clerk Lacey WA PO Box 3400 Home Phone: Lacey WA Fax: liondennis@juno.com clitten@ci.lacey.wa.us Date Initially Appointed: 02/25/2003 Date Reappointed: 03/01/2007; 03/01/ /01/2015 Term Expiration Date: 03/01/2019

35 NANCY (PETERSON) CLAUSON BIO ELECTED OFFICIAL : Nancy Peterson was appointed to the Lacey City Council in 1993 and served as Mayor from , and Deputy Mayor from During her time on the Council she served on the Finance/Economic Development, General Government/Public Safety, and Utilities Committees. She represented the City of Lacey on the Human Services Review Council, the LOTT Advisory Board, Lacey Sister City, and TOGETHER! PROFESSIONAL ASSOCIATIONS AND COMMUNITY SERVICE: Member of Lacey Sunrise Lions Served on Lacey Planning Commission Served on the Woodland District Planning Committee Serving on the City of Lacey Leadership Council of Past Mayors C EDUCATION: Holds a Bachelor of Arts Degree from Evergreen State College Employment Retired from Department of Labor & Industries Supervisor of Utilization Management