AMENDED MEETING AGENDA

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1 Dan Roach, Executive Pro Tempore Pam Roach District No. 1 District No. 2 Jim McCune Connie Ladenburg District No. 3 District No. 4 Rick Talbert, Vice Chair Derek Young District No. 5 District No. 7 Douglas G. Richardson, Chair District No. 6 Pierce County Council AMENDED MEETING AGENDA September 19, :00 p.m. 930 Tacoma Avenue South Room 1045 Tacoma, WA Voice: (253) FAX: (253) Toll-Free: (800) TTY: I. Call to Order II. III. Roll Call Pledge of Allegiance to the Flag To be followed by a Moment of Silence in tribute to our men and women in the Military IV. Approval of Agenda PUBLIC PARTICIPATION IN COUNCIL MEETINGS Anyone may address any ordinance or resolution on the agenda for final consideration. Public comment on any other items on the agenda shall be at the discretion of the Chair. To ensure equal opportunity for the public to comment, the Chair may impose a time limit on each speaker. All comments must be directed to the Chair. No person shall disrupt the orderly conduct of any Council meeting. Speakers who fail to comply with the Council s rules governing public participation in Council meetings (PCC C.) shall be subject to forfeiture of his or her opportunity to speak to the Council and/or removal from the Council Chambers or other meeting room at the discretion of the Chair. Citizens Forum. The purpose of Section XI., Citizens Forum, is to afford members of the public an opportunity to address the Council on issues of significance to or affecting Pierce County government and that do not appear otherwise on that particular meeting agenda. There is a three minute time limit, unless changed by the Chair; all comments must be directed to the Chair. The Council adopts and incorporates herein by reference the provisions of Revised Code of Washington regarding the use of its facilities for campaigns or ballot propositions. Council meetings are audio recorded and cablecast from gavel to gavel. In District Council Meetings are recorded and replayed on channel 22 (Comcast and Click! Network) and on channel 20 (Rainier Connect). Video archives are available at Audio equipment is available for the hearing impaired. Please contact the receptionist for assistance. Guest WiFi access available. Request access from meeting clerk or receptionist. Page 1 of 4 9/19/ :06 PM

2 Pierce Pierce County County Council Council Agenda, date September xx, , 2017 V. Consent Agenda No final action on any Ordinance will be taken under this Section. a. Approval of Minutes 1. The August 15, 2017, regular Council meeting. 2. The August 24, 2017, District No. 1 Council meeting. 3. The August 29, 2017, regular Council meeting. 4. The August 31, 2017, District No. 6 Council meeting. 5. The September 5, 2017, regular Council meeting. b. Action on Ordinances (refer, set date of hearing) 1. Proposal No , FARM Board An Ordinance of the Pierce County Council Repealing Pierce County Code Chapter 2.81, Farming Assistance, Revitalization, and Marketing (FARM) Program Advisory Board. Sponsored by: Councilmember Douglas G. Richardson Council contact person: Hugh Taylor, (253) For referral to the Rules and Operations Committee Date of final Council hearing: To be determined c. Action on Resolutions 1. Proposal No. R , Revision of the Corporate Boundary of the City of Puyallup A Resolution of the Pierce County Council Approving the Revision of the Corporate Boundary of the City of Puyallup, Where It Coincides with Certain Portions of the Right-of-Way for Benston Drive East, In Order to Fully Include Said Areas In the Corporate Limits of the City of Puyallup. Pierce County Reserves A Necessary Easement for River Protection in Said Area. Sponsored by: Councilmember Douglas G. Richardson Council contact person: Hugh Taylor, (253) Department contact persons: Facilities Management Bret Carlstad, (253) and Ann Hibbert, (253) For referral to the Rules and Operations Committee Date of final Council hearing: October 17, Proposal No. R , District No. 4 - In District Council Meeting A Resolution of the Pierce County Council Setting the Date of an Evening Council Meeting in Council District No. 4 for Tuesday, October 10, 2017, at 6:00 p.m., at the Asia Pacific Cultural Center, 4851 S. Tacoma Way, Tacoma, Washington. Sponsored by: Councilmember Connie Ladenburg Council contact person: Susan Long, (253) Date of final Council hearing: September 26, 2017 Page 2 of 4 9/19/ :06 PM

3 Pierce County Council Agenda, September 19, Proposal No. R , Agriculture Advisory Committee A Resolution of the Pierce County Council Creating the Pierce County Agriculture Advisory Committee to Advise the Pierce County Council on Agricultural Issues; Designating Committee Membership; and Providing a Sunset Date. Sponsored by: Councilmember Pam Roach Council contact person: Hugh Taylor, (253) For referral to the Economic and Infrastructure Development Committee Date of final Council hearing: To be determined d. Action on Grant Applications/Awards 1. Department of Ecology - Tacoma Narrows Stormwater Outfall Retrofit. 2. Centennial Clean Water Program - On-site Septic Repair Program. 3. Department of Ecology - Stormwater Financial Assistance Program - Brookdale and North Fork Clover Creek Stormwater Treatment. e. Other Items VI. Messages from Executive/Judges/Prosecuting Attorney 1. Presentation of the Executive s Proposed 2018 Pierce County Budget Executive Bruce Dammeier VII. VIII. Proclamations, Awards, and/or Appointments to Boards and Commissions Ordinances 1. Proposal No , Adopting Development Moratoria An Emergency Ordinance of the Pierce County Council Adopting Development Moratoria Pursuant to Revised Code of Washington (RCW) ; Prohibiting Disposal of Dredged Material within the Nisqually Reach Aquatic Reserve; Providing Notification to State Agencies; Adopting Findings of Fact; Setting a Date for Public Hearing; and Declaring an Emergency. Sponsored by: Councilmember Douglas G. Richardson Council contact persons: Susan Long, (253) and Mike Kruger, (253) For final consideration Page 3 of 4 9/19/ :06 PM

4 Pierce Pierce County County Council Council Agenda, date September xx, , Proposal No , Veterans Advisory Board Membership Increase An Ordinance of the Pierce County Council Amending Section of the Pierce County Code, "Membership Composition Terms," to Increase the Membership of the Veterans Advisory Board from Seven to Eleven Members. Sponsored by: Councilmembers Douglas G. Richardson and Jim McCune Council contact person: Susan Long, (253) Committee recommendation: Do Pass at Rules and Operations on September 11, 2017 For final consideration IX. Resolutions X. Other Business/Announcements XI. XII. Citizens Forum (3 minute time limit see page 1 of this Agenda) Adjournment Note: If for any reason this meeting is canceled, all Agenda items shall be continued to the next regular meeting of the Council. In-District Council Meeting - New Date, Time & Location The September 20, 2017, Council Meeting will be held in Council District No. 2 at 6:00 p.m. at the Sumner Sportsmen s Association, th Street East, Puyallup, Washington. This meeting will be in addition to the regular 3:00 p.m. Tuesday Council Meeting. In-District Council Meeting The September 26, 2017, Council Meeting will be held in Council District No. 3 at 6:00 p.m. at the Pierce County Public Works Central Maintenance Facility, Elk Plain Room, th Street East Spanaway, Washington. This meeting will be in lieu of the regular 3:00 p.m. Tuesday Council Meeting. In-District Council Meeting The October 3, 2017, Council Meeting will be held in Council District No. 7 at 6:00 p.m. at the Gig Harbor Civic Center, 3510 Grandview Street, Gig Harbor, Washington. This meeting will be in lieu of the regular 3:00 p.m. Tuesday Council Meeting. Page 4 of 4 9/19/ :06 PM

5 MINUTES PIERCE COUNTY COUNCIL MEETING August 15, Tacoma Avenue South, Room 1045 Tacoma, WA Voice: (253) FAX: (253) Toll-Free: (800) TDD: (253) (Note: These minutes are not verbatim. Video recordings are available at Audio recordings are available upon request.) I. Call to Order The regular meeting of the Pierce County Council was called to order at 3:04 p.m. by Chair Richardson. II. Roll Call Councilmembers Present: Jim McCune, Douglas G. Richardson, Dan Roach, Rick Talbert, and Derek Young. Connie Ladenburg and Pam Roach arrived after roll call. Council Staff Present: Jeff Cox, Senior Legislative Analyst; Denise Johnson, Clerk of the Council; Mike Kruger, Senior Legislative Analyst; Tammi Lewis, Councilmember Assistant; Susan Long, Administrator for Legal and Research; Alice McDaniel, Councilmember Assistant; Hugh Taylor, Senior Legislative Analyst; Bill Vetter, Senior Legislative Analyst; and Mark Williams, Councilmember Assistant. There were approximately 15 visitors present. III. Pledge of Allegiance to the Flag The pledge was led by Richardson, followed by a Moment of Silence in tribute to our men and women in the Military. IV. Approval of Agenda Talbert moved approval of the agenda with a change to have Section IX follow Section VII; motion seconded and passed as amended on a voice vote. V. Consent Agenda No final action on any Ordinance was taken under this Section.

6 August 15, 2017 Page 2 of 10 a. Approval of Minutes 1. The minutes of the June 20, 2017, regular Council Meeting 2. The minutes of the July 5, 2017, special Council Meeting b. Action on Ordinances (refer, set date of hearing) 1. Proposal No , Vacation of Right-of-Way in a Treasurer's Deed in the Spanaway Area An Ordinance of the Pierce County Council Vacating a Portion of Right-of- Way Acquired in a Treasurer s Deed Located in the Southeast Quarter of Section 27, Township 19 North, Range 3 East of the Willamette Meridian, in the Spanaway Area. Sponsored by: Councilmember Jim McCune Council contact person: Hugh Taylor, (253) Department contact persons: Planning and Public Works Jerry West, (253) and Brian Stacy, (253) For referral to the Economic and Infrastructure Development Committee Date of final Council hearing: September 12, Proposal No , Collective Bargaining Agreement - County Captain's Association An Ordinance of the Pierce County Council Ratifying the Collective Bargaining Agreement Reached with the Pierce County Captain s Association; and Amending the Pierce County Salary Classification Plan. Sponsored by: Councilmembers Rick Talbert and Derek Young Council contact person: Paul Bocchi, (253) Department contact persons: Human Resources Debbie Young, (253) and Joe Carrillo, (253) For referral to the Rules and Operations Committee Date of final Council hearing: September 5, Proposal No , Transfer of Controlling Interest - YCOM An Ordinance of the Pierce County Council Approving the Transfer of Ultimate Control of the Telecommunications Franchise Owned by FairPoint Communications, Inc., to Consolidated Communications Holdings, Inc.; and Establishing Conditions for Acceptance of the Franchise. Sponsored by: Councilmember Douglas G. Richardson Council contact person: Jeff Cox, (253) Department contact person: Jerry West, (253) For referral to the Economic and Infrastructure Development Committee Date of final Council hearing: September 12, 2017 c. Action on Resolutions 1. Proposal No. R , Amending Appointments to External Boards and Commissions

7 August 15, 2017 Page 3 of 10 A Resolution of the Pierce County Council Amending Resolution No. R Relating to Appointments to External Boards and Commissions for the Year Sponsored by: Councilmember Douglas G. Richardson Council contact persons: Susan Long, (253) and Jeff Cox, (253) Date of final Council hearing: *August 24, Proposal No. R , Reappointment - Performance Audit Committee A Resolution of the Pierce County Council Confirming the Selection of One At-Large Member (Andrew Tedesco) to the Performance Audit Committee. Sponsored by: Councilmembers Jim McCune, Dan Roach, Douglas G. Richardson and Connie Ladenburg Council contact person: Susan Long, (253) Department contact person: Bill Vetter, Performance Audit, (253) For final consideration 3. Proposal No. R , Reappointment - Pierce County Planning Commission A Resolution of the Pierce County Council Confirming the Reappointment of Sharon Hanek (District 1) to the Pierce County Planning Commission. Sponsored by: Councilmember Jim McCune Council contact person: Susan Long, (253) Department contact persons: Planning and Public Works, Toni Fairbanks, (253) and Dan Cardwell, (253) For final consideration 4. Proposal No. R , Outdoor Sports and Recreation Council A Resolution of the Pierce County Council Establishing an Outdoor Sports and Recreation Council; Designating Membership; and Providing a Sunset Date. Sponsored by: Councilmember Pam Roach Council contact person: Hugh Taylor, (253) For referral to the Economic and Infrastructure Development Committee To be heard in the Economic and Infrastructure Development Committee on August 22, 2017 Date of final Council hearing: *September 19, 2017 d. Action on Grant Applications/Awards th Street East 86th Avenue East to Gem Heights Drive East 2. 92nd Avenue East/224th Street East (CRP 5819) 3. Canyon Road East 99th Street Court East to 900 Ft N/O 84th Street East (CRP 5726) 4. 12th Avenue South/124th Street South 123rd Street South to 10th Avenue South

8 August 15, 2017 Page 4 of 10 e. Other Items Talbert moved approval of the Consent Agenda; motion seconded and passed on a roll call vote of seven to zero. VI. VII. Messages from Executive/Judges/Prosecuting Attorney None Proclamations, Awards, and/or Appointments to Boards and Commissions Proposal No. R , Proclamation - Joint Base Lewis-McChord 100th Anniversary A Resolution of the Pierce County Council and Executive Recognizing and Celebrating the 100th Anniversary of Joint Base Lewis-McChord. Talbert moved adoption of the Proposal; motion seconded. The Clerk read the summarized title into the record. The Chair read the Proclamation into the record in its entirety. The Chair will present the Proclamation at the August 18, 2017, Joint Base Lewis McChord anniversary ceremony. The Chair called for public testimony; there was no response. The Chair closed public testimony. Young provided Councilmember comments. The question was called; the Proposal was adopted on a roll call vote of seven to zero. The Chair advanced to Section IX. of the agenda. IX. Resolutions Proposal No. R , Confirmation - Parks and Recreation Services Director A Resolution of the Pierce County Council Confirming the Appointment of Roxanne E. Miles as the Director of the Parks and Recreation Services Department. Talbert moved adoption of the Proposal; motion seconded. The Clerk read the summarized title into the record. Cox provided an overview of the Proposal and reported the Proposal received a do pass recommendation at the August 7, 2017, Rules and Operations Committee meeting. Executive Bruce Dammeier thanked Scott Hall for serving as Interim Director of Parks and Recreation, and he spoke to Miles appointment and urged Council support. Miles provided information on her background and spoke to her community involvement. Ladenburg, Talbert, Young, P. Roach, D. Roach, McCune, and the Chair provided comments; Miles responded to Councilmember questions and comments. The Chair called for public testimony; there was no response. The Chair closed public testimony. The Chair provided final comments. The question was called; the Proposal was adopted on a roll call vote of seven to zero. The Chair returned to the regular order of the agenda.

9 August 15, 2017 Page 5 of 10 VIII. Ordinances Proposal No , Vacation of Right-of-Way - 160th Street East An Ordinance of the Pierce County Council Vacating a Portion of 160th Street East (Charles Street) Located in the Southwest Quarter of Section 24, Township 19 North, Range 3 East of the Willamette Meridian, in the Frederickson Area. Talbert moved adoption of the Proposal; motion seconded. The Clerk read the summarized title into the record. Taylor provided an overview of the Proposal and reported the County Engineer approved the road vacation, and reported the Proposal received a do pass recommendation at the July 25, 2017, Economic and Infrastructure Development Committee. The Chair called for questions of staff; there was no response. Brian Stacy, Planning and Public Works, was available for Councilmember questions; there were none. The Chair called for public testimony; there was no response. The Chair closed public testimony. The Chair called for Councilmember comments; there was no response. The question was called; the Proposal was passed on a roll call vote of seven to zero. Proposal No s, 2017 Comprehensive Plan - Implementing Regulations An Ordinance of the Pierce County Council Adopting Amendments to Title 18A of the Pierce County Code, "Development Regulations Zoning," and the Pierce County Zoning Atlas to Implement the 2017 Amendments to the Pierce County Comprehensive Plan; Adopting Findings of Fact; and Setting an Effective Date. Talbert moved adoption; motion seconded. The Clerk read the summarized title into the record. Kruger provided an overview of the Proposal and reported the Proposal received a do pass as substituted recommendation at the July 17, 2017, Community Development Committee meeting. Talbert moved Council Amendment No. 1 on blue; motion seconded. Kruger explained the amendment. A copy of the amendment is attached to these minutes as Attachment 1. The Chair called for questions of staff; there was no response. The Chair called for public testimony on the amendment; there was no response. The Chair closed public testimony. The question was called; the amendment passed on a voice vote. The Chair called for public testimony on the amended Proposal; there was no response. The Chair called for Councilmember comments on the amended Proposal; Young provided comments in favor. The question was called; the Proposal was passed as amended on a roll call vote of seven to zero. Proposal No , Chambers Creek Regional Park Master Site Plan Update, 2017 An Ordinance of the Pierce County Council Repealing Ordinance No , "Chambers Creek Properties Master Site Plan Update, 2007," and Adopting the

10 August 15, 2017 Page 6 of 10 "Chambers Creek Regional Park Master Site Plan Update, 2017"; Initiating Any Amendment Actions to County Plans and Codes and Proposing Any Amendment Actions to the Cities' Plans and Codes, Which May Be Necessary to Enable Implementation of the Master Site Plan; and Commending the Members of the Resource Team and Management Team for Their Dedication in Developing the Master Site Plan Update. Talbert moved adoption of the proposal; motion seconded. The Clerk read the summarized title into the record. Kruger provided an overview of the Proposal and reported the Proposal received a do pass recommendation at the July 17, 2017, Community Development Committee meeting. Joseph Coppo, Parks and Recreation, was available for Councilmember questions; there were none. The Chair called for questions of staff; there was no response. Talbert moved Council Amendment No. 1 on yellow; motion seconded. Kruger explained the amendment. A copy of the amendment is attached to these minutes as Attachment 2. The Chair called for questions of staff; there was no response. The Chair called for Councilmember comments; Ladenburg provided comments and urged Council support of the amendment. The Chair called for public testimony; there was no response. The Chair closed public testimony. Kruger explained how the amendment, if passed, would modify the Proposal. The Chair called for public testimony on the amendment; there was no response. The Chair closed public testimony. The Chair called for Councilmember comments on the amendment; Young provided comments in support, Talbert provided comments in support, D. Roach provided comments in opposition, P. Roach provided comments in opposition, and the Chair provided comments in opposition. The question was called; the amendment failed on a voice vote. Talbert moved that Proposal No be continued to the September 12, 2017, Council meeting; motion seconded and passed on a voice vote. X. Other Business/Announcements - None XI. Citizens Forum Cox reminded the Council that ballot measures cannot be addressed in Citizens Forum under State rules. Tammie Wilcox, Win-star Bed and Biscuit, addressed the Council (handout in Clerk s meeting file). P. Roach and McCune addressed Wilcox comments. The Chair closed Citizens Forum.

11 August 15, 2017 Page 7 of 10 XII. Adjournment There being no further business, the meeting was adjourned at 4:30 p.m. Attest: Denise D. Johnson, Clerk of the Council Approved: Douglas G. Richardson, Council Chair Date Approved

12 August 15, 2017 Page 8 of 10 ATTACHMENT 1

13 August 15, 2017 Page 9 of 10

14 August 15, 2017 Page 10 of 10 ATTACHMENT 2

15 MINUTES PIERCE COUNTY COUNCIL MEETING August 24, 2017 Bonney Lake Justice and Municipal Center 9002 Main Street East Bonney Lake, Washington (Council District No. 1) Voice: (253) FAX: (253) Toll-Free: (800) TDD: (253) (Note: These minutes are not verbatim. Video recordings are available at Audio recordings are available upon request.) I. Call to Order The District No. 1 meeting of the Pierce County Council was called to order at 5:35 p.m. by Chair Richardson. II. Roll Call Councilmembers Present: Jim McCune, Douglas G. Richardson, Dan Roach, and Pam Roach. Councilmembers Excused: Connie Ladenburg, Rick Talbert, and Derek Young. Council Staff Present: Dan Decker, Councilmember Assistant; Denise Johnson, Clerk of the Council; Tammi Lewis, Councilmember Assistant; and Susan Long, Administrator for Legal and Research. There were approximately 15 visitors present. III. Pledge of Allegiance to the Flag The pledge was led by Richardson, followed by a Moment of Silence in tribute to our men and women in the Military. IV. Approval of Agenda D. Roach moved approval of the agenda; motion seconded and passed on a voice vote. Long explained the Pierce County Charter requirements pertaining to in-district Council meetings. The Chair passed the gavel to D. Roach, Host Councilmember. Introductions were made.

16 August 24, 2017 Page 2 of 5 V. Consent Agenda No final action on any Ordinance was taken under this Section. No final action on any Ordinance will be taken under this Section. a. Approval of Minutes 1. The minutes of the August 8, 2017, regular Council Meeting b. Action on Ordinances (refer, set date of hearing) 1. Proposal No , Franchise - Public Utility District No. 1 of Lewis County An Ordinance of the Pierce County Council Granting a Nonexclusive Franchise to Public Utility District No. 1, of Lewis County, for Location of Electric Lines on Certain Rights of Way; and Authorizing the County Executive to Execute Said Franchise. Sponsored by: Councilmembers Connie Ladenburg and Jim McCune Council contact person: Jeff Cox, (253) Department contact persons: Planning and Public Works Jerry West, (253) and Brian Stacy, (253) Committee recommendation: Do Pass at Economic and Infrastructure Development on August 8, 2017 Date of final Council hearing: September 26, Proposal No , Road Vacation - Portion of Kapowsin-Electron County Road An Ordinance of the Pierce County Council Vacating a Portion of Kapowsin-Electron County Road Located in the Northwest and Southwest Quarter of Section 5 and the Southeast Quarter of Section 6, Township 17 North, Range 5 East of the Willamette Meridian, Located in the Graham Area. Sponsored by: Councilmember Jim McCune Council contact person: Hugh Taylor, (253) Department contact persons: Planning and Public Works Brian Stacy, (253) and Pat Turco, (253) Committee recommendation: Do Pass at Economic and Infrastructure Development on August 8, 2017 Date of final Council hearing: September 26, 2017 c. Action on Resolutions 1. Proposal No. R , Surplus Real Property [Hester] - Ratification of Sale

17 August 24, 2017 Page 3 of 5 A Resolution of the Pierce County Council Ratifying the Sale of Certain County-Owned Surplus Real Property Located at th Street East, Puyallup, Washington (Commonly Referred to as the Hester Property) and Consisting of Land on Tax Parcel Number Sponsored by: Councilmember Rick Talbert Council contact person: Paul Bocchi, (253) Department contact persons: Planning and Public Works Dawn Borgeson, (253) and Letticia Neal, (253) For referral to the Rules and Operations Committee Date of final Council hearing: September 5, 2017 d. Action on Grant Applications/Awards e. Other Items 1. Motion to remove the following Proposal from the Public Safety, Human Services and Budget Committee and re-refer it to the Rules and Operations Committee to be heard in the Rules and Operations Committee on August 28, 2017: Proposal No. R , A Resolution of the Pierce County Council Accepting the Presentation from Superior Court to the Public Safety, Human Services, and Budget Committee; and Authorizing the Hiring of a 9th Court Commissioner. Richardson moved approval of the Consent Agenda; motion seconded and passed on a roll call vote of four to zero. VI. VII. VIII. IX. Messages from Executive/Judges/Prosecuting Attorney None Proclamations, Awards, and/or Appointments to Boards and Commissions None Ordinances None Resolutions Proposal No. R , Amending Appointments to External Boards and Commission A Resolution of the Pierce County Council Amending Resolution No. R Relating to Appointments to External Boards and Commissions for the Year Richardson moved the Proposal; motion seconded. The Clerk read the summarized title into the record. Long explained the Proposal. P. Roach spoke to her appointment and requested

18 August 24, 2017 Page 4 of 5 to be the voting member, not an alternate; discussion ensued regarding continuing the Proposal. Richardson moved to continue the Proposal to the September 12 Council meeting; motion seconded and passed on a voice vote. X. Other Business/Announcements The following addressed the Council: Deputy Mayor Randy McKibbin, City of Bonney Lake, welcomed the Council to Bonney Lake and responded to P. Roach s questions regarding homelessness. Mayor Joe Pestinger, City of Orting, thanked the Planning and Public Works staff for their work on the Orville Road water line and spoke to the high volume and flow of traffic in the areas. He responded to P. Roach s comments regarding a facility for veterans with behavior and mental health issues on the Orting Solider Home campus. Jennifer Slaughter, Richard Slaughter, and Sarah Hayter, explained the purpose of the Haven Teen Center and spoke to the need of funding for staffing levels. He responded to questions regarding the budget, need for volunteers, and request for funding. D. Roach will share with Council why all grant money was not provided. Julie Bevant, Interim Recreational Services Directory, City of Buckley, explained her past and current roles at the Buckley Youth the Center and thanked the Council for violence prevention dollars. She displayed a written thank you on behalf of the youth. D. Roach suggested Bevant meet with Jennifer Slaughter as a resource and work with the Haven Youth Center. Bevant responded to Councilmember questions. The Acting Chair recognized Josh Penner, City of Orting Councilmember. D. Roach spoke to the issues pertaining to the Lake Tapps Community Council, and the East Pierce Fire and Rescue. Deputy Brian Ward, Pierce County Sheriff s Office, responded to Council questions regarding Lake Tapps water issues. XI. Citizens Forum The Acting Chair called for public comments. Tom Thomas and Rick Slaughter addressed the Council. The Acting Chair closed Citizens Forum. P. Roach responded to Slaughter s comments. The Acting Chair called for additional Council comments; there was no response.

19 August 24, 2017 Page 5 of 5 XII. Adjournment There being no further business, the meeting was adjourned at 6:40 p.m. Attest: Denise D. Johnson, Clerk of the Council Approved: Douglas G. Richardson, Council Chair Date Approved

20 MINUTES PIERCE COUNTY COUNCIL MEETING August 29, Tacoma Avenue South Room 1045 Tacoma, WA Voice: (253) FAX: (253) Toll-Free: (800) TDD: (253) (Note: These minutes are not verbatim. Video recordings are available at Audio recordings are available upon request.) I. Call to Order The regular meeting of the Pierce County Council was called to order at 3:00 p.m. by Chair Richardson. II. Roll Call Councilmembers Present: Douglas G. Richardson, Pam Roach, Rick Talbert, and Derek Young. Councilmembers Excused: Connie Ladenburg, Jim McCune, and Dan Roach. Council Staff Present: Denise Johnson, Clerk of the Council; Tammi Lewis, Councilmember Assistant; and Susan Long, Administrator for Legal and Research, Mark Williams, Councilmember Assistant. There were approximately four visitors present. III. Pledge of Allegiance to the Flag The pledge was led by Richardson, followed by a Moment of Silence in tribute to our men and women in the Military. IV. Approval of Agenda The Chair approved the agenda without objection. V. Consent Agenda No final action on any Ordinance was taken under this Section. a. Approval of Minutes 1. The minutes of the July 18, 2017, regular Council Meeting 2. The minutes of the July 25, 2017, regular Council Meeting b. Action on Ordinances (refer, set date of hearing)

21 August 29, 2017 Page 2 of 5 1. Proposal No , Chronic Nuisance Properties Ordinance of the Pierce County Council Adopting a New Chapter 8.09 of the Pierce County Code "Chronic Nuisance Properties"; Creating an Enforcement Protocol for Chronic Nuisance Properties; Establishing Procedures for the Abatement of Chronic Nuisance Properties; Creating Joint and Several Liability for Multiple Persons in Charge of a Nuisance Property; Clarifying Due Process Procedures Applicable to Abatement of Chronic Nuisance Properties; Requiring Persons in Charge of Chronic Nuisance Properties to Enter into Abatement Agreements Approved by the County to Abate Chronic Nuisances within 15 Days of the Issuance of the Chronic Nuisance Notice; Establishing a Graduated Penalty System Whereby a Person is Warned First, Cited with a Class 1 Civil Infraction Second, and Abated through a Superior Court Warrant Third; Incorporates the Victim Protection Limitation under RCW ; Adds the Option of the County to Pursue Receivership as a Way to Facilitate Returning Chronic Nuisance Properties to Productive Use; and Adding the Option of Relocation Assistance Sponsored by: Councilmembers Dan Roach, Jim McCune, Douglas G. Richardson, Derek Young, Connie Ladenburg, and Rick Talbert Council contact person: Jeff Cox, (253) Committee recommendation: Do Pass at Public Safety, Human Services, and Budget on August 14, 2017 Date of final Council hearing: September 26, 2017 c. Action on Resolutions 1. Proposal No. R , Appointment - Allocation Advisory Committee for Prevention Programs A Resolution of the Pierce County Council Confirming the Appointment of One New Member (Dylan Brown) to the Allocation Advisory Committee for Prevention Programs. Sponsored by: Councilmember Connie Ladenburg Council contact person: Susan Long, (253) Department contact person: Elsa Jaramillo, Human Services, (253) For final consideration 2. Proposal No. R , District No. 2 - In District Council Meeting A Resolution of the Pierce County Council Repealing Resolution No. R and Setting the Date of an Evening Council Meeting in Council District No. 2 for Wednesday, September 20, 2017, at 6:00 p.m., at the Sumner Sportsmen s Association, th Street East, Puyallup, Washington.

22 August 29, 2017 Page 3 of 5 Sponsored by: Councilmember Pam Roach Council contact person: Susan Long, (253) Date of final Council hearing: September 5, 2017 d. Action on Grant Applications/Awards e. Other Items 1. Motion to rescind the September 19, 2017, final Council hearing date and set it for September 20, 2017, for the following: Proposal No. R s, A Resolution of the Pierce County Council Establishing an Outdoor Sports and Recreation Council; Designating Membership; and Providing a Sunset Date. Talbert moved approval of the Consent Agenda; motion seconded and passed on a roll call vote of four to zero. VI. Messages from Executive/Judges/Prosecuting Attorney 1. A message from the Executive transmitting the following Ordinances, which were approved and signed on August 15, 2017, was read into the record: Ordinance No s, An Ordinance of the Pierce County Council Adopting Amendments to the Pierce County Code Related to Low Impact Development (LID); Amending Title 11 of the Pierce County Code (PCC), "Storm Drainage and Surface Water Management"; "Manual on Accommodating Utilities in Pierce County Rights of Way," 5th Edition; Title 17A PCC, "Construction and Infrastructure Regulations Site Development and Stormwater Drainage"; Title 17B PCC, "Construction and Infrastructure Regulations Road and Bridge Design and Construction Standards"; Title 17C PCC, "Construction and Infrastructure Regulations Building and Fire Codes"; Title 18 PCC, "Development Regulations General Provisions"; Title 18A PCC, "Development Regulations Zoning"; and Title 18J PCC, "Development Regulations Design Standards and Guidelines", to Comply with the Requirements in Pierce County's Phase I Municipal Stormwater NPDES Permit; Adopting Findings of Fact; and Setting an Effective Date. Ordinance No , An Ordinance of the Pierce County Council Affirming an Application for Open Space Classification Under Current Use Assessment on Certain Properties Located Within the Incorporated Boundaries of the City of Edgewood in Pierce County; Directing the Clerk to Forward this Ordinance to the City of Edgewood for its Affirmation of this Application Consistent with Revised Code of Washington ; and Adopting Findings of Fact. (Application No. OS24-16)

23 August 29, 2017 Page 4 of 5 Ordinance No , An Ordinance of the Pierce County Council Authorizing the Approval of Applications for Open Space Classification under Current Use Assessment on Certain Properties Located Within the Unincorporated Boundaries of Pierce County; and Adopting Findings of Fact. Ordinance No , An Ordinance of the Pierce County Council Establishing a Prohibition on the Use of Compression Brakes Along a Segment of State Route 161 in the Graham Area; and Requesting the Washington State Department of Transportation to Post Signage as Appropriate. VII. VIII. Proclamations, Awards, and/or Appointments to Boards and Commissions - None Ordinances Proposal No , Transfer of Law Library Personnel to Pierce County An Ordinance of the Pierce County Council Authorizing a Temporary One-Time Limited Exemption From the Provisions of Article 7 of the Pierce County Charter, "Personnel System," and Title 3 of the Pierce County Code, "Personnel," to Facilitate the Transfer of Personnel of the Pierce County Law Library to Pierce County, Pursuant to the Exemption Authority Set Forth in Section 7.20(1)(h) of the Pierce County Charter, and Recognizing the Authority of the Board of Law Library Trustees to Establish and Apply its Policies Governing Personnel and Operational Issues, Pursuant to Chapter of the Revised Code of Washington (RCW). Talbert moved approval of the Proposal; motion seconded. The Clerk read the summarized title into the record. Long provided an overview of the Proposal and reported the Proposal received a do pass recommendation at the August 14, 2017, Rules and Operations Committee meeting. Joe Carrillo, Human Resources, spoke to the Proposal. The Chair called for public testimony; there was no response. The Chair closed public testimony. The Chair called for Councilmember comments; Young noted that additional Proposals on this issue are anticipated. The question was called; the Proposal passed on a roll call vote of four to zero. IX. Resolutions - None X. Other Business/Announcements The Chair called for additional other business; Long commented there was no additional other business.

24 August 29, 2017 Page 5 of 5 XI. Citizens Forum The Chair called for Citizens Forum; there was no response. The Chair closed Citizens Forum. The Chair called for Councilmember comments; there was no response. XII. Adjournment There being no further business, the meeting was adjourned at 3:13 p.m. Attest: Denise D. Johnson, Clerk of the Council Approved: Douglas G. Richardson, Council Chair Date Approved

25 MINUTES PIERCE COUNTY COUNCIL MEETING August 31, 2017 Anderson Island Historical Society Archival Building 9306 Otso Point Road Anderson Island, Washington Voice: (253) FAX: (253) Toll-Free: (800) TDD: (253) (Note: These minutes are not verbatim. Video recordings are available at Audio recordings are available upon request.) I. Call to Order The District No. 6 Special Meeting of the Pierce County Council was called to order at 3: p.m. by Chair Richardson. II. Roll Call Councilmembers Present: Douglas G. Richardson, Pam Roach, Rick Talbert, and Derek Young. Councilmembers Excused: Connie Ladenburg, Jim McCune, and Dan Roach. Council Staff Present: Denise Johnson, Clerk of the Council; John Jolibois, Councilmember Assistant; Susan Long, Administrator for Legal and Research; Alice McDaniel, Councilmember Assistant; and Mark Williams, Councilmember Assistant. There were approximately 40 visitors present. III. Pledge of Allegiance to the Flag The pledge was led by Richardson, followed by a Moment of Silence in tribute to our men and women in the Military. Long explained the Pierce County Charter requirements pertaining to in-district Council meetings. Councilmembers introduced themselves and stated their district areas. IV. Approval of Agenda The Chair approved the agenda without objection.

26 August 31, 2017 Page 2 of 4 V. Consent Agenda No final action on any Ordinance was taken under this Section. a. Approval of Minutes b. Action on Ordinances (refer, set date of hearing) c. Action on Resolutions d. Action on Grant Applications/Awards e. Other Items 1. Motion to re-refer the following Proposals from the Economic and Infrastructure Development Committee to the Rules and Operations Committee; to be heard in the Rules and Operations Committee on September 5, 2017: Proposal No , An Ordinance of the Pierce County Council Vacating a Portion of Right-of-Way Acquired in a Treasurer s Deed Located in the Southeast Quarter of Section 27, Township 19 North, Range 3 East of the Willamette Meridian, in the Spanaway Area. Proposal No , An Ordinance of the Pierce County Council Approving the Transfer of Ultimate Control of the Telecommunications Franchise Owned by FairPoint Communications, Inc., to Consolidated Communications Holdings, Inc.; and Establishing Conditions for Acceptance of the Franchise. Talbert moved approval of the Consent Agenda; motion seconded and passed on a roll call vote of four to zero. VI. Messages from Executive/Judges/Prosecuting Attorney Bruce Dammeier, Pierce County Executive, spoke to the Emergency Management plan and the Sheriff s new patrol boat named after Deputy Kent Mundell. VII. Proclamations, Awards, and/or Appointments to Boards and Commissions - None The Chair introduced Council and Communications staff in attendance. VIII. IX. Ordinances - None Resolutions - None

27 August 31, 2017 Page 3 of 4 X. Other Business/Announcements The Chair provided comments on the Anderson Island Historical Building, and noted the building was built by volunteers. Rick Anderson, Anderson Island Historical Society, provided a presentation on the on the New Archival Building, and responded to Councilmember questions. Buzz Thome provided a presentation on behalf of the Anderson Island Citizens Advisory Board, spoke to the ferry system and its operations on Anderson Island. He responded to Councilmember questions (handout in Clerk s meeting file). Andrew Davis, Planning and Public Works, provided an update on the current 2017 projects and past 2017 projects pertaining to Anderson Island. Davis responded to Council and citizens comments and questions. Rick McPearson spoke to pedestrian safety concerns regarding the road from the dock to the community center, and thanked the Chair for his support. Davis responded to McPearson s comments regarding a wider walkway. The Chair requested the street signs retain the AI after the road s name. Darrell Beck requested information from Davis on dumping. Ray Clark, Planning and Public Works, provided a presentation on the Next Generation 911 Anderson Island Addressing Update (handout in Clerk s meeting file). Dick Muri, State Representative, announced the Electric Car Show in Steilacoom on August 9, XI. Citizens Forum The Chair called for Citizens Forum. The following addressed the Council; Darrell Beck; Ann Dasch; Carol Paschal, Anderson Island Park Commissioner; Wade Winkel; Joseph Jensen; and David McGoldrick; Chuck Heinz. The Chair closed Citizens Forum.

28 August 31, 2017 Page 4 of 4 XII. Adjournment There being no further business, the meeting was adjourned at 7:17 p.m. Attest: Denise D. Johnson, Clerk of the Council Approved: Douglas G. Richardson, Council Chair Date Approved

29 MINUTES PIERCE COUNTY COUNCIL MEETING September 5, Tacoma Avenue South, Room 1045 Tacoma, WA Voice: (253) FAX: (253) Toll-Free: (800) TDD: (253) (Note: These minutes are not verbatim. Video recordings are available at Audio recordings are available upon request.) I. Call to Order The regular meeting of the Pierce County Council was called to order at 3:04 p.m. by Chair Richardson. II. Roll Call Councilmembers Present: Connie Ladenburg, Jim McCune, Douglas G. Richardson, Pam Roach, Rick Talbert, and Derek Young; Dan Roach was excused. Council Staff Present: Paul Bocchi, Senior Budget Analyst; Ric Fritz, Office Manager; Kate Kennedy, Senior Committee Clerk; Tammi Lewis, Councilmember Assistant; Susan Long, Administrator for Legal and Operations; Alice McDaniel, Councilmember Assistant; Hugh Taylor, Senior Legislative Analyst; Thomas Swanson, Legislative Analyst; Erin Babbo, Communications Specialist There were approximately 6 visitors present. III. Pledge of Allegiance to the Flag The pledge was led by Richardson, followed by a Moment of Silence in tribute to our men and women in the Military. IV. Approval of Agenda Talbert moved approval of the agenda; motion seconded and passed on a voice vote. V. Consent Agenda No final action on any Ordinance was taken under this Section. a. Approval of Minutes 1. The minutes of the June 27, 2017, regular Council Meeting 2. The minutes of the August 1, 2017, regular Council Meeting b. Action on Ordinances (refer, set date of hearing)

30 September 5, 2017 Page 2 of 5 1. Proposal No , Veterans Advisory Board Membership Increase An Ordinance of the Pierce County Council Amending Section of the Pierce County Code, "Membership Composition Terms," to Increase the Membership of the Veterans Advisory Board from Seven to Eleven Members. Sponsored by: Councilmember Douglas G. Richardson Council contact person: Susan Long, (253) For referral to the Rules and Operations Committee To be heard in the Rules and Operations Committee on September 11, 2017 Date of final Council hearing: September 19, 2017 c. Action on Resolutions (refer, set date of hearing) 1. Proposal No. R , District No. 3 In District Council Meeting A Resolution of the Pierce County Council Setting the Date of an Evening Council Meeting in Council District No. 3 for Tuesday, September 26, 2017, at 6:00 p.m. at the Pierce County Public Works Central Maintenance Facility, Elk Plain Room, th Street East, Spanaway, Washington. Sponsored by: Councilmembers Jim McCune and Pam Roach Council contact person: Susan Long, (253) Date of final Council hearing: September 12, 2017 d. Action on Grant Applications/Awards e. Other Items 1. A motion approving the requested settlement authority relating to Pierce County Superior Court Cause No , Risk Management Claim No Talbert moved approval of the Consent Agenda as amended; motion seconded and passed on a roll call vote of six to zero. VI. Messages from Executive/Judges/Prosecuting Attorney 1. A message from the Executive transmitting the following Ordinance, which was approved and signed on August 22, 2017: Ordinance No , An Ordinance of the Pierce County Council Vacating a Portion of 160th Street East (Charles Street) Located in the Southwest Quarter of Section 24, Township 19 North, Range 3 East of the Willamette Meridian, in the Frederickson Area.

31 September 5, 2017 Page 3 of 5 VII. Proclamations, Awards, and/or Appointments to Boards and Commissions 1. Proposal No. R , Proclamation - September 11, 2017, Patriot's Day A Resolution of the Pierce County Council and Executive Commemorating the Sixteenth Anniversary of the September 11, 2001, Terrorist Attacks on the United States; and Proclaiming September 11, 2017, as "Patriot s Day" in Pierce County, Washington. Talbert moved adoption of Proposal No. R ; motion seconded. The Clerk read the title into the record. The Chair called on P. Roach to read the proclamation. P. Roach read the proclamation in its entirety. Chief Mitch Sagers addressed the Council, and accepted the proclamation. Richardson thanked Chief Sagers. Richardson called for public testimony; there was no response. Richardson called for Councilmember comments; P. Roach spoke on the resolution. The question was called; the Proposal was adopted on a roll call vote of six to zero. 2. Proposal No. R , Proclamation - Childhood Cancer Awareness Month A Resolution of the Pierce County Council and Executive Proclaiming the Month of September 2017, as "Childhood Cancer Awareness Month" in Pierce County, Washington. Talbert moved adoption of Proposal No. R ; motion seconded. The Clerk read the title into the record. The Chair read the proclamation in its entirety. Richardson called on Dr. Rob Irwin, representing Mary Bridge Children s Health Center Oncology Hematology Clinic. Dr. Irwin accepted the proclamation, and introduced his colleagues in attendance: Dr. Chris Ladish, Executive Director of Pediatric Neurobehavioral Medicine and Dr. Jared Capouya, Chief Medical Officer of Mary Bridge Children s Hospital. Richardson called for public testimony; there was no response. Richardson called for Councilmember comments; P. Roach spoke on the resolution. The question was called; the Proposal was adopted on a roll call vote of six to zero. VIII. Ordinances 1. Proposal No , Collective Bargaining Agreement - County Captain's Association An Ordinance of the Pierce County Council Ratifying the Collective Bargaining Agreement Reached with the Pierce County Captain s Association; and Amending the Pierce County Salary Classification Plan.

32 September 5, 2017 Page 4 of 5 Talbert moved adoption of Proposal No ; motion seconded. The Clerk read the summarized title into the record. Bocchi provided an overview of the Proposal, and stated Joe Carrillo was available to answer any questions. Joe Carrillo, Deputy Director Human Resources/Labor Relations, provided background on the proposal. The Chair called for public testimony; there was no response. Richardson called for Councilmember comments; there was none. The question was called; the Proposal was passed on a roll call vote of six to zero. IX. Resolutions 1. Proposal No. R , Authorizes Hiring a 9th Court Commissioner A Resolution of the Pierce County Council Accepting the Presentation from Superior Court to the Public Safety, Human Services, and Budget Committee; and Authorizing the Hiring of a 9th Court Commissioner. Talbert moved adoption of Proposal No. R ; motion seconded. The Clerk read the summarized title into the record. Tom Swanson explained the Proposal. The Chair called for public testimony; there was no response. Richardson called for Councilmember comments. P. Roach explained her opposition to the proposal. The question was called; the Proposal was adopted on a roll call vote of five to one; P. Roach voted nay. 2. Proposal No. R , Surplus Real Property [Hester] - Ratification of Sale A Resolution of the Pierce County Council Ratifying the Sale of Certain County- Owned Surplus Real Property Located at th Street East, Puyallup, Washington (Commonly Referred to as the Hester Property) and Consisting of Land on Tax Parcel Number Talbert moved adoption of Proposal No. R ; motion seconded. The Clerk read the summarized title into the record. Tom Swanson explained the Proposal. The Chair called for public testimony; there was no response. Richardson called for Councilmember comments. P. Roach explained her opposition to the proposal. The question was called; the Proposal was adopted on a roll call vote of five to one; P. Roach voted nay. 3. Proposal No. R , District No. 2 - In District Council Meeting A Resolution of the Pierce County Council Repealing Resolution No. R and Setting the Date of an Evening Council Meeting in Council District No. 2 for

33 September 5, 2017 Page 5 of 5 Wednesday, September 20, 2017, at 6:00 p.m., at the Sumner Sportsmen s Association, th Street East, Puyallup, Washington. Talbert moved adoption of Proposal No. R ; motion seconded. The Clerk read the summarized title into the record. Long explained the Proposal. The Chair called for public testimony; there was no response. Richardson called for Councilmember comments; P. Roach spoke on the proposal. The question was called; the Proposal was adopted on a roll call vote of six to zero. X. Other Business/Announcements 1. Discussion Council Budget Adoption Process The Chair explained the objectives for the upcoming budget adoption process. XI. Citizens Forum Richardson called for public comments. James Bartel spoke and provided a handout, Nuisance Blight Checklist. (A copy of the handout is contained in the meeting file.) XII. Adjournment There being no further business, the meeting was adjourned at 4:00 p.m. Attest: Kate Kennedy, CMC Senior Committee Clerk Approved: Douglas G. Richardson, Council Chair Date Approved

34 Sponsored by: Councilmember Douglas G. Richardson Requested by: County Council ORDINANCE NO An Emergency Ordinance of the Pierce County Council Adopting Development Moratoria Pursuant to Revised Code of Washington (RCW) ; Prohibiting Disposal of Dredged Material within the Nisqually Reach Aquatic Reserve; Providing Notification to State Agencies; Adopting Findings of Fact; Setting a Date for Public Hearing; and Declaring an Emergency. Whereas, the Pierce County Shoreline Master Program (SMP) was adopted by the Board of Pierce County Commissioners on March 4, 1974, in compliance with the Washington State Shoreline Management Act of 1971; and Whereas, the Pierce County Shoreline Use Regulations provide implementing regulations for the goals and policies of the SMP, and were adopted by the Board of Commissioners on April 4, 1975; and Whereas, Pierce County conducted a comprehensive update to the SMP and passed necessary amendments on March 10, 2015; and Whereas, pursuant to Washington Administrative Code (WAC) , the Department of Ecology shall review the SMP update for compliance with WAC and ; and Whereas, Pierce County staff and Department of Ecology staff have held several meetings in the past 30 months in an effort to achieve Department of Ecology approval of the County's adopted SMP; and Whereas, Pierce County has not received Department of Ecology approval of its updated SMP; and Whereas, Pierce County continues to review and approve shoreline development permit applications based upon policies and regulations that were established over 40 years ago, contrary to the public's health, safety and welfare; and Ordinance No Page 1 of 4 Pierce County Council 930 Tacoma Ave S, Rm 1046 Tacoma, WA 98402

35 Whereas, the Washington State Department of Natural Resources was issued a Shoreline Substantial Development Permit (SD 41-07) by the Pierce County Hearing Examiner on November 13, The permit authorized the discharge of dredged materials within an area referred to as the Anderson Island-Ketron Island Dredged Material Disposal Site. The Anderson Island-Ketron Island Dredged Material Disposal Site is located within the Nisqually Reach Aquatic Reserve. SD expired on September 10, 2014, and is no longer a valid permit; and Whereas, Pierce County has become aware of the potential for renewed discharge of dredged materials within the marine waters of the County within the Nisqually Reach Aquatic Reserve; and Whereas, the discharge of dredged materials within aquatic reserves are not adequately addressed in Title 20 of the Pierce County Code, "Shoreline Management Use Regulations"; and Whereas, the Nisqually Reach Aquatic Reserve is an environmental, scientific and educational reserve that is intended to ensure protection of the unique habitats and species located in the area; and Whereas, the Council finds that conservation of natural resources with an emphasis on environmental protection above other objectives is the County's preferred outcome in the Reserve area; and Whereas, Pierce County's adopted SMP (see Ordinance No s4) would authorize applications for discharging dredged materials in Pierce County marine waters when consistent with the Master Program, except, within the Nisqually Reach Aquatic Reserve where such use is prohibited due to the management goals of preservation, restoration and enhancement of subtidal ecosystems; and Whereas, the Council supports the Nisqually Reach Aquatic Reserve Management Plan's goal of recovery and protection of Federal and State threatened, endangered and sensitive species, species of special concern and their habitats. As such, discharging dredged materials should prohibited; and Whereas, a local government adopting a moratorium or control must comply with the requirements of RCW ; and Whereas, an Emergency exists because under Pierce County's 40-year old Shoreline Management Use Regulations, new applications for dumping dredged materials within the Nisqually Reach Aquatic Reserve could be pursued, contrary to adopted Pierce County policy and without regard for modern shoreline management standards and may be harmful to the public health, safety and welfare; Now Therefore, Ordinance No Page 2 of 4 Pierce County Council 930 Tacoma Ave S, Rm 1046 Tacoma, WA 98402

36 BE IT ORDAINED by the Council of Pierce County: Section 1. The Pierce County Council hereby adopts Development Moratoria pursuant to RCW within the geographic area known as the Nisqually Reach Aquatic Reserve (as shown in Exhibit C). This moratoria shall be limited to a prohibition of disposal of dredged materials. Disposal of dredged materials with the Nisqually Reach Aquatic Reserve shall be prohibited until the date the Washington State Department of Ecology completes its review and approval of Pierce County's Shoreline Master Program (approved via Ordinance No s4) and outstanding issues relating to development within the Aquatic Reserve are resolved, or six months from the effective date of this Emergency Ordinance, whichever date occurs first. Section 2. Pierce County shall not accept new applications or revisions to existing permits for the disposal of dredged materials within the Nisqually Reach Aquatic Reserve. Section 3. Pursuant to RCW , the public hearing on this moratorium will be held on October 17, 2017, at 3:00 p.m., at 930 Tacoma Avenue S., Room 1045, Tacoma, Washington; and Section 4. Lawfully existing uses and development shall continue to be conforming under the terms of the land use and shoreline rules and regulations in place upon the effective date of this Emergency Ordinance. Section 5. The Pierce County Council hereby requests the Department of Ecology to prioritize its review and approval of Pierce County's Shoreline Master Program update as adopted by Ordinance No s4. Section 6. The Pierce County Council hereby adopts a work program for remedying the issues described in this moratorium as shown in Exhibit A, which is attached hereto and incorporated herein by reference. Section 7. Pierce County hereby adopts Findings of Fact as shown in Exhibit B, which is attached hereto and incorporated herein by reference. Section 8. The Clerk of the Pierce County Council shall provide a copy of this Emergency Ordinance to the State Departments' of Commerce, Ecology and Natural Resources, and to the Parties of Record to adopted Ordinance No s4. Ordinance No Page 3 of 4 Pierce County Council 930 Tacoma Ave S, Rm 1046 Tacoma, WA 98402

37 Section 9. This Emergency Ordinance is necessary for the immediate preservation of the public health, safety and welfare because development and uses within the Nisqually Reach Aquatic Reserve should be consistent with Pierce County's locally adopted Shoreline Master Program. PASSED this day of, ATTEST: PIERCE COUNTY COUNCIL Pierce County, Washington Denise D. Johnson Douglas G. Richardson Clerk of the Council Council Chair Bruce F. Dammeier Pierce County Executive Approved Vetoed, this day of, Date of Publication of Notice of Public Hearing: Effective Date of Ordinance: Ordinance No Page 4 of 4 Pierce County Council 930 Tacoma Ave S, Rm 1046 Tacoma, WA 98402

38 Exhibit A to Ordinance No DETAILED WORK PLAN The County Council adopts the following detailed work plan to be pursued in an effort to remedying outstanding issues related to Ordinance No : 1. The County Executive should solicit input and evaluate public support from interested parties regarding Pierce County s adopted policy for shoreline management within the Nisqually Reach Aquatic Reserve. Interested parties include, but are not limited to, the Nisqually Tribe, the Washington State Department of Natural Resources, the Washington State Department of Ecology, Puget Sound Partnership, the Nisqually Reach Aquatic Reserve Citizen Stewardship Committee, and the Anderson Island Citizen s Advisory Board. 2. The County Executive should commence discussions with Washington State Department of Natural Resources to identify alternative locations in the South Puget Sound for discharging dredged materials outside of the Nisqually Reach Aquatic Reserve. 3. The County Executive should complete discussions with the Washington State Department of Ecology in an effort to receive State approval of the County s adopted Shoreline Master Program as adopted through Ordinance No s4. Exhibit A to Ordinance No Page 1 of 1 Pierce County Council 930 Tacoma Ave S, Rm 1046 Tacoma, WA 98402

39 Exhibit B to Ordinance No FINDINGS OF FACT The Pierce County Council finds that: 1. The Pierce County Shoreline Master Program (SMP) was adopted by the Board of Pierce County Commissioners on March 4, 1974, in compliance with the Washington State Shoreline Management Act of The Pierce County Shoreline Use Regulations provide implementing regulations for the goals and policies of the SMP, and were adopted by the Board of Commissioners on April 4, Pierce County conducted a comprehensive update to the SMP and passed necessary amendments on March 10, Pursuant to Washington Administrative Code (WAC) , the Department of Ecology shall review the SMP update for compliance with WAC and Pierce County staff and Department of Ecology staff have held several meetings in the past 30 months in an effort to achieve Department of Ecology approval of the County s adopted SMP. 6. Pierce County has not received Department of Ecology approval of its updated SMP. 7. Pierce County continues to review and approve shoreline development permit applications based upon policies and regulations that were established over 40 years ago, contrary to the public s health, safety and welfare. 8. The Washington State Department of Natural Resources was issued a Shoreline Substantial Development Permit (SD 41-07) by the Pierce County Hearing Examiner on November 13, The permit authorized the discharge of dredged materials within an area referred to as the Anderson Island-Ketron Island Dredged Material Disposal Site. The Anderson Island-Ketron Island Dredged Material Disposal Site is located within the Nisqually Reach Aquatic Reserve. SD expired on September 10, 2014, and is no longer a valid permit. 9. Pierce County has become aware of the potential for renewed discharge of dredged materials within the marine waters of the County within the Nisqually Reach Aquatic Reserve. Exhibit B to Ordinance No Page 1 of 2 Pierce County Council 930 Tacoma Ave S, Rm 1046 Tacoma, WA 98402

40 The discharge of dredged materials within aquatic reserves are not adequately addressed in Title 20 of the Pierce County Code, "Shoreline Management Use Regulations". 11. The Nisqually Reach Aquatic Reserve is an environmental, scientific and educational reserve that is intended to ensure protection of the unique habitats and species located in the area. 12. The Council finds that conservation of natural resources with an emphasis on environmental protection above other objectives is the County s preferred outcome in the Reserve area. 13. Pierce County s adopted SMP (see Ordinance No s4) would authorize applications for discharging dredged materials in Pierce County marine waters when consistent with the Master Program, except, within the Nisqually Reach Aquatic Reserve where such use is prohibited due to the management goals of preservation, restoration and enhancement of subtidal ecosystems. 14. The Council supports the Nisqually Reach Aquatic Reserve Management Plan s goal of recovery and protection of Federal and State threatened, endangered and sensitive species, species of special concern and their habitats. As such, discharging dredged materials should prohibited. 15. Local Government may adopt development moratoria within areas of the County subject to the Shoreline Management Act pursuant to the Revised Code of Washington (RCW) Pierce County may adopt Emergency Ordinances pursuant to Section 2.50 of the Pierce County Charter as necessary for the immediate preservation of the public peace, health or safety, or support of the County government and its existing institutions. 17. An Emergency exists because under Pierce County s 40-year old Shoreline Management Use Regulations, new applications for dumping dredged materials within the Nisqually Reach Aquatic Reserve could be pursued, contrary to adopted Pierce County policy, and without regard for modern shoreline management standards and may be harmful to the public health, safety and welfare. Exhibit B to Ordinance No Page 2 of 2 Pierce County Council 930 Tacoma Ave S, Rm 1046 Tacoma, WA 98402

41 1 2 3 Exhibit C to Ordinance No Exhibit C to Ordinance No Page 1 of 1 Pierce County Council 930 Tacoma Ave S, Rm 1046 Tacoma, WA 98402

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