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HomeMy WebLinkAbout03/08/2023 STUDY SESSION AGENDA PACKET ______________________________________________________________ th CITY COUNCIL 345 6Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280 * * * A M E N D E D * * * WEDNESDAY, MARCH 8, 2023 CITY COUNCIL STUDY SESSION AGENDA Starting at 5:00 PM in the First Floor Meeting Chambers The First Floor Meeting Chambers will be open to the public to attend the Study Session in-person, but there will be no opportunities for input. Public questions or comments may be submitted at any time to City.Council@ci.bremerton.wa.us. Please remember that the content of the Agenda Bill items is subject to change; and no action is anticipated. If approved by the Council, these items will be placed on the March 15, 2023City Council Meeting Agenda, or as indicated Members of the public may click the link below to join the webinar: https://us02web.zoom.us/j/87318266756?pwd=ZWlMVnVYbFBHYjY5U1RJUmFreDFXUT09 Or One tap mobile: US: +12532050468,,87318266756#,,,,*857582#or +12532158782,,87318266756#,,,,*857582# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253 205 0468or +1 253 215 8782or +1 346 248 7799or +1 669 444 9171or +1 669 900 6833 Webinar ID: 873 1826 6756; Passcode: 857582 A. BRIEFINGS ON AGENDA BILL ITEMS 1.Lease Modification No.1 with Wilwyn Properties, LLC 2.City of Bremerton HOME Consortium HOME/ARP Allocation Plan 3.Professional Services Agreement with Osborn Consulting, Inc., for Design of the Anderson Creek Dam Removals Project 4.Purchase of a John Deere Backhoe, an Elgin Street Sweeper, and a Toro Contour Mower 5.Contract Modification Agreement No. 2 with Parametrix, Inc. for the Decommission Beach Sewer in Manette (OF-4 to EB-2) Project 6.Ordinance to repeal and replace Section 9A.32.140 of the Bremerton Municipal Code currently B. GENERAL COUNCIL BUSINESS 1.Audit Committee Briefing (Last Meetings 2/27/2023 & 3/6/2023)Chair Anna Mockler 2.Finance, Invest & Parking Committee Briefing (Last Meeting 2/28/2023)Chair Jennifer Chamberlin 3.Public Safety Committee Briefing (Last Meeting 3/2/2023)Chair Denise Frey 4.Regional and Other Committee/Board Briefings 5. Anna Mockler 6.Information Only Briefing on Proposed Ordinance to Create Permanent Race Equity / DEI Commission Quinn Dennehy 7.Other General Council Business C. EXECUTIVESESSION 1.20-Minutes to discuss Potential Litigation as allowed per RCW 42.30.110(1)(i) No action anticipated D. ADJOURNMENT OF STUDY SESSION Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations should -5323 at least 24 hours prior to the meeting. AGENDA BILL CITY OF BREMERTON A1 CITY COUNCIL SUBJECT: Study Session Date: March 8, 2023 Lease Modification No.1 with Wilwyn COUNCIL MEETING Date: March 15, 2023 Properties, LLC Department: Water Administration Presenter: Melinda Monroe Phone: (360) 473-5306 SUMMARY: In 2021 the Wynn Group, d/b/a Wilwyn properties, LLC entered into a short-term agreement with the City for lease of the parcel adjacent their leased building at 1921 Wheaton Way. Wilwyn Properties would like to extend their lease through 2032. The proposed lease modification would support the use of commercial parking and adjacent building use. Wilwyn properties, LLC has also submitted a site plan update and plan building renovations which are both under review by the City. ATTACHMENTS: Original lease number 6202; Lease Amendment 1 FISCAL IMPACTS (Include Budgeted Amount): $2,774.40 annually in lease revenue to the Water Administration and subject to annual CPI increase. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the modification to the lease with Wilwyn Properties, LLC and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 LEASEMODIFICATION NO. 1 BETWEEN THE CITY OF BREMERTON ANDWILWYN PROPERTIES, LLC, LEASE NUMBER 6202 Effective:January 1, 2023 THIS LEASEMODIFICATION SPECIFICALLY AMENDS THE LEASE(the "Lease") entered into between the City of Bremerton and WilwynProperties, nd LLCon February 2, 2021. All provisions in the Leaseshall remain in full force and effect except as expressly modified by this document. WHEREAS, the parties wish to extend the lease term as defined in Section 3 of the lease and update the lease payment per Section 4 of the lease; now, therefore, For valuable consideration and by mutual consent of the parties, the parties modifythe Lease as follows: I. Section 3. Term, is modified as follows: The Lease termination date is extended from December 31, 2022to December 31, 2032. All other terms and condition of section 3 remain unchanged. Section 4. Compensation, is deleted in its entirety and replacedwith the following: 4.1Monthly Payment. The original Leaseamount was Two Hundred Dollars ($200.00) plusapplicable leasehold taxmonthly. Lesseeshall pay to the City the new lease amount of Two Hundred Dollars($200.00)plusa monthly amount of theSeattle area CPI-U increase from October 2021 to October 2022or 2.4% or($204.80)plus applicable Lease hold tax of 12.84%on a monthly basis, for a total monthly payment ofTwo Hundred Thirty-one Dollars and ten cents($231.10),effectiveupon the firstof the month of full execution,__________, 2023. 4.2Payment Place. Payment is to be made to the City of Bremerton, Attn: Financial th Services, 345 6Street, Suite 100, Bremerton, Washington 98337. 4.3Leasehold Excise Tax. Lessee agrees to pay the leasehold excise tax on the Lease Payment pursuant to Chapter 82.29A RCW currently in the amount of 12.84 percent (12.84%) and as may be adjusted pursuant to Ch. 82.29A RCW. In addition, Lessee agrees to pay when due, the leasehold excise tax, or any additional assessments thereto, with respect to any payment or obligation hereunder, which is deemed by the State of Washington to be taxable rent under said chapter and to indemnify and hold the City harmless from the same. Lessee shall pay the amount of the leasehold tax owing with the Lease Payment to the City or as otherwise required by the State of Washington. Lessee may prepay these quarterly payments on a semi-annual or annual basis or as otherwise approved by the City. Page 1of 3 LeaseModification Between City of Bremerton and Wilwyn Properties, LLC Rev. 09/2021 4.4Proof of Payment. Lessee shall, if required by the City, furnish to the City receipts or other appropriate evidence establishing the payment of any amounts required to be paid under the terms of this Lease. 4.5Late Charge. If any rental payment is not received by the City within ten (10) days of the date due, Lessee shall pay to the City a late charge equal to four percent (4%) of the amount of the Lease to defray the overhead expenses of the City incident to the delay. 4.6No Counterclaim, Setoff, or Abatement of Rent. Except as expressly set forth elsewhere in this Lease, rent and all other sums payable by Lessee pursuant to this Lease shall be paid without the requirement that the City provide prior notice or demand, and shall not be subject to any counterclaim, setoff, deduction, defense or abatement. 4.7 Annual Adjustments. Automatic adjustments to compensation shall be limited to an annual basis effective on the anniversary of the Commencement Date of the Lease. Payment shall be adjusted by 100% ofthe Consumer Price Index for All Urban Consumers: CPI-U ("CPI") Seattle Tacoma Index (1984-87=100) as published by the Bureau of Labor Statistics for the September for which statistics were posted prior to the annual anniversary of the effective date of this Lease. II. Lesseeaccepts all requirements of this LeaseModification by endorsing below. Lessee further agrees that this LeaseModification constitutes full and final settlement of all and any Lesseeclaims.This Leaseng a claim for rent past due or other amounts owing from Lessee to City. This document will become a supplement of the Leaseand all provisions will apply hereto. It is understood that this LeaseModification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a Lease modification that is binding on the parties of this Lease. In addition, Lesseewarrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the Leaseto address this change. IN WITNESS WHEREOF, the parties have executed this LeaseModification effective as of January 1, 2023. WILWYN PROPERTIES, LLCTHE CITY OF BREMERTON By:By: Print Name:Print Name: Its:Its: Date:Date: APPROVED AS TO FORM:ATTEST: Page 2of 3 LeaseModification Between City of Bremerton and Wilwyn Properties, LLC Rev. 09/2021 By: By: KYLIE J. FINNELL, Bremerton City AttorneyANGELA HOOVER, City Clerk R:\\Legal\\Legal\\Forms\\FORMS ON COBWEB\\Lease Modification Rev. 09 2021.docx Page 3of 3 LeaseModification Between City of Bremerton and Wilwyn Properties, LLC Rev. 09/2021 AGENDA BILL CITY OF BREMERTON A2 CITY COUNCIL SUBJECT: Study Session Date: March 8, 2023 Proposed Public Hearing and Resolution to COUNCIL MEETING Date: March 15, 2023 adopt Department: CDBG City of Bremerton HOME Consortium Presenter: Sarah Lynam HOME/ARP Allocation Plan Phone: (360) 473-5375 SUMMARY: The action before Council is adoption of the Kitsap County City of Bremerton HOME Consortium HOME-ARP Allocation Plan. The Kitsap County-City of Bremerton HOME Consortium has received $2,653,349 of HOME-American Rescue Plan funds from the US Dept. of Housing and Urban Development (HUD) to address the need for housing and supportive services for families who are homeless, at risk of homelessness, or in other vulnerable populations. The City of Bremerton will receive $822,538 of the total allocation. The allocation plan details the populations to be served, eligible activities, consultations with housing and service providers, needs assessment, and how funds will be distributed. ATTACHMENTS: 1. Staff Memo 2. Proposed Resolution 3. Exhibit A - Kitsap County City of Bremerton HOME Consortium HOME-ARP Allocation Plan 4. Exhibit B - HOME-ARP Funding Breakdown 5. Exhibit C - Comments Received through February 28th FISCAL IMPACTS (Include Budgeted Amount): No fiscal impact to the City. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve Resolution No. ____ adopting the Kitsap County City of Bremerton HOME Consortium HOME-ARP Allocation Plan and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 DEPARTMENT OF COMMUNITY DEVELOPMENT M EMORANDUM To:Bremerton City Council From:Sarah Lynam Date:February 27, 2023 Re: Public Hearing to adopt the City’s share of the Kitsap County –City of Bremerton HOME Consortium HOME-ARP Allocation Plan. What is the HOME-ARP AllocationPlan? The Kitsap County-City of Bremerton HOME Consortium has received $2,653,349 of HOME-American Rescue Plan funds from the US Dept. of Housing and Urban Development (HUD) to address the need for housing and supportive services for families who are homeless, at risk of homelessness, or in other vulnerable populations. The City of Bremerton will receive $822,538 of the total allocation. The allocation plan details the populations to be served, eligible activities, consultations with housing and service providers, needs assessment, and how funds will be distributed. Bremerton’s Allocation–For Council Action Together the City of Bremerton and Kitsap County will set-aside funds for BHA to undertake a housing counseling program to assist households in using Housing Choice Vouchers to secure permanent housing countywide. The City’s remaining funds will be used in partnership with BHA on a rental development in Bremerton. Consultation and Public Participation In accordance with requirements of Notice CPD-21-10 Requirements for the Use of Funds in the HOME-American Rescue Plan Program, Kitsap County and the City of Bremerton consultedwith the Kitsap Housing and Homelessness Coalition (Kitsap’s Continuum of Care), as well as other housing and service providers that address the needs of the qualifying populations and organizations that address fair housing, civil rights and the needs of people with disabilities. Date of public notice: A Legal ad was published in the Kitsap Sunon February 13, 2023, and the plan made available on the Kitsap County and City of Bremerton websites. Public comment period: February 13th through February 28th, 2023 Dates of public hearings:Kitsap County Board of Commissioners Public Hearing, March 13th, 2023, 5:30 pm. City of Bremerton City Council Study Session March 8th, 2023, at 5:00pm, City of Bremerton City Council Public Hearing March 15th, 2023, at 5:30pm.(Exhibit A –pages 1-5). RESOLUTION NO. ________ A RESOLUTION of the City Council of the City of Bremerton, Washington, approving the Kitsap County City of Bremerton HOME Consortium HOME- ARP Allocation Plan. WHEREAS, the City of Bremerton is an entitlement community which receives a Community Development Block Grant (CDBG) each year from the Department of Housing and Urban Development , and also receives funding f Partnerships (HOME) program through its participation in the Kitsap County HOME Consortium; and WHEREAS, the Kitsap County City of Bremerton HOME Consortium has received an allocation of HOME-American Rescue Plan funds from the US Dept. of Housing and Urban Development (HUD) in the amount of $2,653,349 to address the need for housing and supportive services for families who are homeless, at risk of homelessness, or in other vulnerable populations. WHEREAS, the City of Bremerton will receive an allocation of $822,538 for projects within the City including; development and support of affordable rental housing, provision of supportive services, acquisition and development of non-congregate shelter, and/or Tenant Based Rental Assistance. WHEREAS, the Kitsap County - City of Bremerton HOME Consortium, in order is required to develop a HOME-ARP Allocation Plan WHEREAS, the HOME ARP Allocation Plan must include; consultations with agencies who serve the qualifying populations, a public participation process, an assessment of unmet needs and gaps in housing and shelter inventory, homeless assistance and services, and homelessness prevention service delivery system, and a summary of the planned use of HOME- ARP funds for eligible activities based on the unmet needs. th WHEREAS, the City of Bremerton Block Grant staff on Monday, February 13, 2023, posted the HOME- ARP Allocation Plan to the City of Bremertonand advertised th in the Kitsap Sun a 15-day written public comment period commencing February 13 and th concluding February 28, 2023; and WHEREAS, public comments were received and recorded in Appendix B of the HOME-ARP Allocation Plan; and th WHEREAS, legal ads were placed in the Kitsap Sun on February 13 and March rd 3, 2023, advertising the City of Bremerton Public Hearing adopting the funding th recommendations on March 15,2023; and 1 WHEREAS, the Department of Community Development CDBG/HOME staff presents the Kitsap County Bremerton HOME Consortium HOME-ARP Allocation Plan to the City Council for adoption; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The recitals and findings of fact set forth in this resolution are hereby incorporated as if fully set forth herein. SECTION 2. The Kitsap County City of Bremerton HOME Consortium HOME ARP Allocation Plan attached hereto as Exhibits A and B, is hereby adopted. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this _____ day of __________________, 2023. _________________________________ JEFF COUGHLIN, Council President APPROVED AS TO FORM: ATTEST: __________________________________ ________________________________ KYLIE FINNELL, City Attorney ANGELA HOOVER, City Clerk 2 Kitsap County – City of Bremerton HOME Consortium HOME-ARP Allocation Plan Introduction To address the need for homelessness assistance and supportive services, Congress appropriated American Rescue Plan (ARP) funds to be administered through HOME to perform activities that must primarily benefit qualifying individuals and families who are homeless, at risk of homelessness, or in other vulnerable populations. The eligible activities include: Development and support of affordable housing, Tenant-based rental assistance, Provision of supportive services; and Acquisition and development of non-congregate shelter units. ARP defines qualifying individuals or families as those that are: Homeless, as defined in section 103(a) of the McKinney-Vento Homeless Assistance Act, At risk of homelessness, as defined in section 401 of McKinney-Vento, Fleeing, or attempting to flee domestic violence, dating violence, sexual assault, stalking, or human trafficking. Part of other populations where providing supportive services or assistance would prevent a family’s homelessness or would serve those with the greatest risk of housing instability; or Veterans and families that include a veteran family member that meet the criteria of one of the above. HUD allocated HOME-ARP funds to grantees that qualified for an allocation of HOME funds in Fiscal Year 2021 using the HOME formula established at 24 CFR 92.50 and 92.60. The HOME- ARP allocation to the Kitsap County-City of Bremerton HOME Consortium is $2,653,349 with a City of Bremerton share of $822,538 and the remaining $1,830,811 for Kitsap County including the cities of Bainbridge Island, Poulsbo and Port Orchard. Consultation In accordance with requirements of Notice CPD-21-10 Requirements for the Use of Funds in the HOME-American Rescue Plan Program, Kitsap County and the City of Bremerton consulted with the Kitsap Housing and Homelessness Coalition (Kitsap’s Continuum of Care), as well as other housing and service providers that address the needs of the qualifying populations and organizations that address fair housing, civil rights and the needs of people with disabilities. A presentation was made at the May 18, 2022 regular meeting of the Kitsap Housing and Homelessness Coalition (Continuum of Care). Staff used a Power Point presentation to present information on HOME-ARP funds and feedback was encouraged from coalition members. 1 February 13, 2023 Additional outreach was conducted via email in July 2022 to homeless service providers, domestic violence service providers, veteran’s groups, the two housing authorities in Kitsap County, agencies that address the needs of the qualifying populations and organizations that address fair housing, civil rights and the needs of persons with disabilities. Organizations were asked to respond to the following questions: In thinking about the populations your organization serves, what are the most urgent housing needs? What are the most urgent service needs related to housing the population you serve? What are the gaps in our current system in Kitsap County? Considering there are limited resources, what do you think the top priority for investment of limited funds should be? The following table lists the organizations contacted and feedback. Feedback received has been included in a table and attached to the end of this document in Appendix A. Agency/Org Method of Type of Agency/Org Feedback Consulted Consultation Agape UnlimitedNon-profit substance abuse Email No response treatment Kitsap County Division County Human Services – Email Feedback received – on Aging and Long-Elderly see Appendix A Term Care Bremerton Housing Housing Authority Email & Feedback received – Authority Meetingsee AppendixA Catholic Community Non-profit homeless services Email No response Services Catholic Housing Non-profit homeless housing Email No response provider Coffee Oasis Non-profit – services and Email No response shelter for homeless youth Communitas Non-profit – housing for Email No response developmentally disabled adults Community Frameworks Non-profit housing provider Email Feedback received – see AppendixA Fair Housing Center of Non-profit - Fair Housing Email No response Washington Services Housing Kitsap Housing Authority Email Feedback received – see AppendixA Housing Resources Non-profit housing provider Email Feedback received – Bainbridge see AppendixA Kitsap Community Non-profit housing provider Email Feedback received – Resources see AppendixA Kitsap County County Human Services – Email Feedback received – Developmental Developmental Disabilities see Appendix A Disabilities 2 February 13, 2023 Kitsap Housing and Continuum of Care MeetingFeedback received – Homelessness Coalition Email see AppendixA Kitsap County Housing County Human Services - Meetings Feedback received – & Homelessness HomelessEmaildata and narrative Division provided for plan Kitsap Homes of Non-profit housing provider Email Feedback received – Compassion see AppendixA Kitsap Immigrant Non-profit services for Email No response Assistance Center immigrant community Kitsap Legal Services Non-profit legal services Email No response Kitsap Mental Health Non-profit services and Email Feedback received – Serviceshousing –homeless and those see AppendixA with mental illness Kitsap Rescue Mission Non-profit services & shelter - Email No response homeless Kitsap Veterans County Human Services - Email Feedback received – AssistanceVeterans see AppendixA League of Women Non-profit Email No response Voters NAACP Bremerton Unit Non-profit civil rights Email No response 1134 NW Justice Project Non-profit – fair housing & Email No response civil rights Olive Crest Non-profit -foster care Email No response Salvation Army Non-profit homeless services Email Feedback received – see AppendixA St. Vincent de Paul Non-profit homeless services Email Feedback received – see AppendixA Weaver Foundation Non-profit homeless shelter Email No response West Sound Treatment Non-profit substance abuse Email No response treatment and housing YWCA Non-profit domestic violence Email Feedback received – services and housing see attached appendix North Kitsap Fishline Non-profit Food Bank Email No response Helpline House Non-profit Food Bank Email No response Central Kitsap Food Non-profit Food Bank Email No response Bank South Kitsap Helpline Non-profit Food Bank Email No response Bremerton Foodline Non-profit Food Bank Email Feedback received – see AppendixA Kitsap Public Health Public Health District Email Feedback received – District see AppendixA Kingston Cares Non-profit Food Bank Email No response There was widespread consensus that the most urgent housing need is for more units of deeply affordable housing and supportive housing units. The most urgent service needs included case management, mental and behavioral health counseling, transportation services, more housing 3 February 13, 2023 navigators to help people navigate the housing system and remain housed as well as financial assistance for housing such as deposits and first month’s rent. Some of the gaps identified included lack of affordable housing, including accessible units and lack of supportive housing units for those coming out of homelessness or with barriers. Also noted were the limited number of shelter beds, challenging housing referral system, lack of housing and services for the most seriously mentally ill and those with barriers like poor credit, criminal record and poor rental history. When asked what the top priority for limited funds should be, the most common answer was investment in more affordable housing units. In addition to the urgent need for more housing units, conversations with the Bremerton Housing Authority point to the need for housing counselors to assist households with utilization of housing choice vouchers. Currently the housing voucher system is under-utilized in Kitsap County. Many households who qualify for vouchers struggle to complete the necessary steps to secure housing. A housing navigator is needed to assist households with the process. This would better utilize existing housing resources for many vulnerable households including HOME-ARP qualifying populations. Conversations with homeless housing providers as indicate temporary shelter units are also needed in Kitsap County. Some non-congregate shelter units were opened during the pandemic and funded from COVID relief funds. As these funds expire new funding is being sought to preserve these units for the long term. Based on feedback and conversations with providers, as well as data from the needs assessment and gap analysis, funds will be prioritized as follows: Kitsap County: Funds will be prioritized for creation of new units of rental housing, including new construction or acquisition (with or without rehabilitation) in unincorporated Kitsap County and the cities of Bainbridge Island, Poulsbo and Port Orchard. The units must be made available to households in all the qualifying populations defined in the HOME-ARP Notice. City of Bremerton: Funds will be prioritized for creation of new rental housing units open to all qualifying populations to be developed in the City of Bremerton. A portion of funds will be set-aside for housing counseling services to assist households with Housing Choice Vouchers throughout Kitsap County including the City of Bremerton. Preferences for certain qualifying populations will not be utilized. In Kitsap County the Housing Solutions Center is our coordinated entry system for those who are homeless or at risk of becoming homeless. This system will be utilized to refer people to HOME-ARP housing. Because HOME-ARP funded rental housing is open to all qualifying populations, including those who may already be housed but are at risk of losing their existing housing, rental housing projects will be required to maintain a waitlist and conduct outreach to ensure all households are 4 February 13, 2023 aware of the property and types of units available. Projects will be required to complete HUD’s Affirmative Fair Housing Marketing Plan (Form HUD-935.2A). Public Participation Date of public notice: A Legal ad was published in the Kitsap Sun on February 13, 2023, and the plan made available on the Kitsap County and City of Bremerton websites. thth Public comment period: February 13 through February 28, 2023 Dates of public hearings: th Kitsap County Board of Commissioners Public Hearing, March 13, 2023, 5:30 pm. th City of Bremerton City Council Study Session March 8, 2023, at 5:00pm, City of th Bremerton City Council Public Hearing March 15, 2023, at 5:30pm. Describe the public participation process: Kitsap County and the City of Bremerton posted the HOME-ARP Allocation Plan to their respective websites on February 13, 2023. A legal ad was published on this same date to notify the public of the plan’s availability and 15-day written comment period. Electronic notification was sent out to all subscribers of the County and City’s electronic notification systems. A public hearing is scheduled for March 13, 2023, with the Kitsap County Board of Commissioners. A separate hearing is scheduled with the City of Bremerton City Council on March 15, 2023. Describe efforts to broaden public participation: In addition to posting information to the County and City websites and sending out electronic notification to subscribers, information was disseminated over social media platforms and through an interested party’s email list. Public comments on the plan are accepted by mail or email and the public hearings with the County and City are held in the evening in fully accessible buildings that can be easily reached by public transportation. The public hearings are also broadcast on BKAT public access television and can be attended virtually via Zoom. Summarize the comments and recommendations received through the public participation process either in writing, or orally at a public hearing: TBD Summarize any comments or recommendations not accepted and state the reasons why: TBD Needs Assessment and Gaps Analysis Housing Needs Inventory and Gap Analysis In 2019 Kitsap County and the City of Bremerton commissioned an affordable housing study to examine the current supply of housing, understand current trends and project future need. Some of the findings of the report include: 5 February 13, 2023 Kitsap County has not been building enough housing to meet the needs of its residents. Over the 2010 to 2017 time period, it only built 42 new housing units for every 100 new households formed. This is one of the main drivers behind recent home price and rent increases seen in the past decade. Across all of Kitsap County, about 3,790 units were produced between 2010 and 2017. This translates to 541 units per year. The County will need to almost triple their annual housing production to accommodate the new 25,147 units needed in the next 17 years. As of 2013-2017, Kitsap County had a shortage of 5,782 units of rental housing affordable to its extremely low-income renter households (those earning less than 30% of the median family income. During the 2013-2017 period, about 50% of all Kitsap County renter households were cost burdened, paying more than 30% of their income on housing costs. The following data is from the final report published in March 2020. 1. Total Rental Units (# of units) – 33,407 units 2. Rental Units Affordable to Households at or below 30% Area Median Income - 2,488 units 3. Rental Units Affordable to Households at or below 50% Area Median Income - 12,782 units Homeless Needs Inventory and Gap Analysis Homeless Current InventoryHomeless Population Gap Analysis Family Adult Family Adults Only VetsFamily Adults Only HH (at HH Victims Vets # of # of # of # of # of # of # of # of # of least 1 (w/o of DV Beds Units Beds Units Beds Beds UnitsBeds Units child) child) Emergency 45 11225 24 4 Shelter Transitional 106 29 70 67 60 Housing Permanent Supportive 60 2574 55 5 Housing Other Permanent 153 50146 127 107 Housing Sheltered 125 255 71 24 Homeless Unsheltered 5 177 9 14 Homeless Current Gap 21 -6 -137 6 February 13, 2023 Homeless as defined in 24 CFR 91.5 Data used to describe this qualifying population per section 103(a) of the McKinney Vento Homeless Assistance Act is reported from the Kitsap County Coordinated Entry Program, known as the Kitsap County Housing Solutions Center. Data used for this element is based on the 2021 Annual Report, which provides detailed client demographic information for individuals and households seeking housing assistance between the dates of Jan 1st, 2021 to Dec 31st 2021. The data available consists of 2 subpopulations which include: A. Category 1 Literally Homeless per At a Glance Criteria and Recordkeeping Requirements for Definition of Homeless (hudexchange.info): (1) Individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning: (i) Has a primary nighttime residence that is a public or private place not meant for human habitation; (ii) Is living in a publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state and local government programs); or (iii) Is exiting an institution where (s)he has resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution PLUS B. Category 2 Imminent Risk of Homelessness a per At a Glance Criteria and Recordkeeping Requirements for Definition of Homeless (hudexchange.info) a. Individual or family who will imminently lose their primary nighttime residence, provided that: (i) Residence will be lost within 14 days of the date of application for homeless assistance; (ii) No subsequent residence has been identified; and (iii) The individual or family lacks the resources or support networks needed to obtain other permanent housing Based on the data collected by the Kitsap Community Resources Housing Solutions Center (HSC), the Coordinated Entry System for Kitsap County, there was a total of 1,778 non- duplicated households meeting the homeless definition seeking housing or shelter assistance. The HSC has offices located throughout the county, and a mobile outreach team. Most households seeking assistance were from the Bremerton area (1259 households), the largest city within the county. Following enrollments in Bremerton, the mobile outreach team had the most contacts for housing assistance (780 households). 7 February 13, 2023 1,778 Non-Duplicated Homeless Households Seeking Housing Assistance in Kitsap County 2021 Kitsap Community Resources Housing Solutions Center (Coordinated Entry), Kitsap County HMIS 2021 At Imminent Risk of Losing Housing Literally Homeless Households Households 1111(62%) 667(38%) During intake for assistance heads of households self-reported characteristic information, such as background, disabilities, and income. Of self-reported characteristics, 65% of heads of household report mental illness, 46% report substance use disorders, 35% have a chronic health condition, 35% are domestic violence survivors, and 27% have long-term physical disabilities. Head of household ages range from 16 to 85, with a median of 39 years of age. When examining the household composition type, the majority of households seeking assistance consist of single men or single women (81% combined), with couples, single parent families with children, two parent families with children, youth, or other household types making up the remainder of households. Household incomes are low, with 43% having no sources of income, and 85% having income that is less than 100% of the federal poverty level for 2021. Racial minority households are disproportionally impacted by homelessness. Racial minority households at coordinated entry represent 23.5% of households seeking assistance at coordinated entry, but represent only 17.9% of the Kitsap County population, based on the 2021 Kitsap County Census data. Households Served by Coordinated Entry Location or Mobile Outreach (duplicated) Kitsap Community Resources Housing Solutions Center (Coordinated Entry), Kitsap County HMIS 2021 Bremerton 1259 Outreach 780 North Kitsap 168 South Kitsap 117 Youth CE 25 Bainbridge Island 20 8February 13, 2023 2021 Homeless Racial Disparity Comparison Kitsap Community Resources Housing Solutions Center (Coordinated Entry), Kitsap County HMIS 2021 0%10%20%30%40%50%60%70% Homeless Households 76.5% 2021 Kitsap Census 82.1% American Indian or Alaska NativeAsian Black or African AmericanMulti-racial Native Hawaiian or Other Pacific IslanderWhite At Risk of Homelessnessas defined in 24 CFR 91.5 At-Risk of homelessness as defined is not collected at CE (per definition 401 of The McKinney- Vento Homeless Assistance Act As Amended by S.896 The Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of 2009 (hud.gov), howeverthese households would map to the group definition of unstably housed. Households that are unstably housed are not provided intake into the Homeless Crisis Response System through our Coordinated Entry known as the Housing Solutions Center. These households are provided informational sessions and handouts about housing assistance in the county. Furthermore, during the COVID-19 pandemic in addition to informational sessions many of these households have been assisted through the US Treasury COVID Rental Assistance Program funding. Kitsap County received funding from WA State Dept of Commerce and directly from the US Dept of Treasury to distribute pandemic rentalassistance from multiple sources under the program Kitsap Eviction Prevention Assistance (KEPA). This program assists households that and are at risk of losing their housing due to unpaid rent, are under 50% AMI, and prioritizes households that are unemployed to pay rent, rental arrears, and utilities payments directly to 9February 13, 2023 landlords and utility providers. The majority of households assisted by this program were at or below 30% AMI, have insufficient means to immediately attain available housing, are unableto pay rent and would be evicted but for the Washington State Eviction Moratorium, or live in places such as motels, low-income housing developments, overcrowded housing, or other characteristics associated with instability and increased risk of homelessness. In addition to allowing households to apply directly for assistance, the County contracted and worked closely with 6 community organization to perform outreach and education about the program to racial and ethnic minorities, immigrants & refugees, youth, people with disabilities, and American Indians. These groups are disproportionately impacted by the pandemic and housing instability in Kitsap County. When examining the data for these households meeting the definition of At-Risk of Homelessness, 1,741 were counted seeking assistance to prevent homelessness. These households were more likely (66%) to be headed by female heads of households. Youth heads of households ages 18-24 or unaccompanied youth 16-17 years of age data was incomplete (not collected by some programs), but where this information was collected 10% of households were headed by youth. For funding provided through Washington State Dept of Commerce, program performance goals were provided as benchmarks to promote equitable distributionof rental assistance to low-income racial minority households and other populations that have been historically underserved by these types of programs. Benchmarks were determined based on the racial background of households in poverty from the US Census data for Kitsap County. Kitsap County exceeded the goals of this program to promote racial equity and assistance to underserved populations. 1,741 Households At-Risk of Homelessness that are at or below 30% AMI Assisted by Pandemic Eviction Prevention Programs Kitsap Eviction Prevention Assistance (KEPA) Program, Kitsap County 2021 980310451 WA State Emergency Rent Assistance Program (ERAP) WA State Treasury Assistance Program (T-RAP) US Treasury Direct Emergency Rental Assistance Program (ERA) 10February 13, 2023 % 66%33% Count 1143, (66%)575, (33%) Count% Female 114366% Male 57533% Transgender or Gender Non-Conforming 60% Not collected/Refused/Client doesn't 171% know 2021 At-risk of Losing Housing Racial Disparity Comparison Kitsap Eviction Prevention Assistance (KEPA) Program, Kitsap County 2021 At-risk Households 54.6% 2021 Kitsap Census 82.1% American Indian or Alaska NativeAsian Black or African AmericanMulti-racial Native Hawaiian or Other Pacific IslanderWhite 2021 Fleeing DV Head of Household Age Distribution Kitsap Community Resources Housing Solutions Center (Coordinated Entry), Kitsap County HMIS 2021 Median Age Head of Household, 38 14 12 10 8 6 4 2 0 1520253035404550556065707580 Age 11February 13, 2023 Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking, as defined by HUD in the Notice Data used to describe this qualifying population per section 103(b) of the McKinney Vento Homeless Assistance Act is reported from the Kitsap County Coordinated Entry Program, known as the Kitsap County Housing Solutions Center. Data used for this element is based on the 2021 Annual Report, which provides detailed client demographic information for individuals and households seeking housing assistance between the dates of January 1, 2021 to December 31, 2021. The data available consists of 2 subpopulations which include: Category 4 Fleeing/Attempting to Flee DV per At a Glance_Criteria and Recordkeeping Requirements for Definition of Homeless (hudexchange.info) (4) Any individual or family who: (i) Is fleeing, or is attempting to flee, domestic violence; (ii) Has no other residence; and (iii) Lacks the resources or support networks to obtain other permanent housing Based on the data collected by the Kitsap Community Resources Housing Solutions Center (HSC), the Coordinated Entry System for Kitsap County, there was a total of 278 non-duplicated households meeting the homeless definition seeking housing or shelter assistance and reported that they were fleeing/attempting to flee DV. The HSC has offices located throughout the county, and a mobile outreach team. Most households seeking assistance were from the Bremerton area (196 households), the largest city within the county. Following enrollments in Bremerton, the mobile outreach team had the most contacts for housing assistance (87 households). 278 Non-Duplicated Households Fleeing Domestic Violence, Seeking Housing Assistance in Kitsap County 2021 Kitsap Community Resources Housing Solutions Center (Coordinated Entry), Kitsap County HMIS 2021 At Imminent Risk of Losing Housing Literally Homeless Households Households 157(56%) 121 (44%) During intake for assistance heads of households self-reported characteristic information, such as background, disabilities, and income. Of self-reported characteristics, 71% of heads of household report mental illness, 33% report substance use disorders,39% have a chronic health condition, and 18% have long-term physical disabilities. Head of household ages range from 16 to 79, with a median of 38 years of age. When examining the household composition type, mosthouseholds seeking assistanceconsist of single women and women with children 12 February 13, 2023 (82% combined), with other household types making up the remainder of households. Household incomes are low, with 32% having no sources of income, and 85% having income that is less than 100% of the federalpoverty level for 2021. Racial minority households are disproportionally impacted by homelessness due to fleeing domestic violence situations. Racial minority households at coordinated entry represent 20.8% of households seeking assistance at coordinated entry due to fleeing domestic violence, but represent only 17.9% of the Kitsap County population, based on the 2021 Kitsap County Census data. Head of Household Fleeing Domestic Violence Self-Reported Characteristics Kitsap Community Resources Housing Solutions Center (Coordinated Entry), Kitsap County HMIS 2021 Veteran 73% Domestic Violence Survivor 278100% Physical Disability (Long Term) 7527% Developmental Disability 4918% Co-occuring Physical/Developmental Disability 9% 26 Chronic Health Condition (Long Term) 10939% Mental Illness 19771% Substance Use Disorder 9333% Co-occuring Mental Illness & Substance Use 8430% Male HoH 3312% Female HoH 24287% Transgender HoH 1% 2 13February 13, 2023 2021 Households Fleeing Domestic Violence Racial Disparity Comparison Kitsap Community Resources Housing Solutions Center (Coordinated Entry), Kitsap County HMIS 2021 0%10%20%30%40%50%60%70% Households Fleeing DV 79.2% All Client Households 76.5% 2021 Kitsap Census 82.1% American Indian or Alaska NativeAsian Black or African AmericanMulti-racial Native Hawaiian or Other Pacific IslanderWhite Other populationsrequiring services or housing assistance to prevent homelessness and other populations at greatest risk of housing instability, as defined by HUD in the Notice HUD defines “Other” qualifying populations as follows: (1)Other Families Requiring Services or Housing Assistance to Prevent Homelessness is defined as households (i.e., individuals and families) who have previously been qualified as “homeless” as defined in 24 CFR 91.5, are currently housed due to temporary or emergency assistance, including financial assistance, services, temporary rental assistance or some type of other assistance to allow the household to be housed, and who need additional housing assistance or supportive services to avoid a return to homelessness. Data used for this element is based on data from Kitsap County HMIS, which provides detailed client demographic information for individuals and households enrolled in housing assistance between the dates of January 1, 2021 to December 31, 2021. Thedata available consists of households in 2021 that are enrolled into PH –Housing Only, PH –Permanent Housing with services (no disability required), PH –Permanent Supportive Housing (disability required), PH –Rapid Re-housing programs, and Other project types which provide permanent housing not meeting the definition of the prior project types, where the head of household was qualified as homeless (entering from place not meant for habitation, emergency shelter, or actively fleeing domestic violence) at the time of enrollment: Based on the data collected from Kitsap County HMIS, there was a total of 264 non-duplicated households were enrolled in a permanent housing program and qualified as homeless upon program entry. Of these households, 41 entered into a variety of permanent housing without a 14February 13, 2023 disability requirement, 35 entered into permanent supportive housing with a disability requirement, and 188 households entered into a rapid re-housing program. 264 Other Qualifying Households Enrolled in Permanent Housing Options in Kitsap County 2021 Kitsap County HMIS 2021 Permanent Permanent Rapid Re-Housing, and Other Supportive 188 Housing, 41Housing, 35 During enrollment heads of households self-reported characteristic information, such as background, disabilities, and income. Of self-reported characteristics, 72% of heads of household report mental illness, 52% report substance use disorders, 40% have a chronic health condition, and 35% have long-term physical disabilities. Head of household ages range from 18 to 72, with a median of 40 years of age. When examining the household composition type, the majority of households entering permanent housing programs consist of single men or single women (86% combined), with other household types making up the remainder of households. Household incomes are low, with 34% having no sources of income, and 85% having income that is less than 100% of the federal poverty level for 2021. Racial minority households represent 23.5% of households seeking assistance at coordinated entry, but Other qualifying households as defined represent only 19.2% populations housed in these permanent housing programs in 2021 Kitsap County. Other Qualifying Head of Household Self-Reported Characteristics Kitsap County HMIS 2021 Veteran 229% Domestic Violence Survivor 8434% Physical Disability (Long Term) 8735% Developmental Disability 6225% Co-occuring Physical/Developmental Disability 3916% Chronic Health Condition (Long Term) 9940% Mental Illness 17872% Substance Use Disorder 12952% Co-occuring Mental Illness & Substance Use 10342% Male HoH 14257% Female HoH 10241% Transgender HoH 62% 15February 13, 2023 (2) At Greatest Risk of Housing Instability is defined as household who meets either paragraph (i) or (ii) below: (i) has annual income that is less than or equal to 30% of the area median income, as determined by HUD and is experiencing severe cost burden (i.e., is paying more than 50% of monthly household income toward housing costs); or (ii) has annual income that is less than or equal to 50% of the area median income, as determined by HUD, AND meets one of the conditions from paragraph (iii) of the “At risk of homelessness” definition established at 24 CFR 91.5. Data for this element is from the 2021-2025 Kitsap County and City of Bremerton Consolidated Plan which identified 13,063 households who are experiencing severe cost burden (i.e., paying more than 50% of monthly household income toward housing costs). There are 18,539 households who are cost burdened (i.e. paying more than 30% of monthly household income towards housing costs). More recent data and anecdotal evidence suggests the numbers are 16 February 13, 2023 even higher today. Rents have risen significantly since 2019 putting many of these households at risk of homelessness. Kitsap County does not have data to track most of the conditions from paragraph (iii) of the “At risk of homelessness” definition established at 24 CFR 91.5. Identify and consider the current resources available to assist qualifying populations, including congregate and non-congregate shelter units, supportive services, TBRA, and affordable and permanent supportive rental housing: Kitsap County has limited resources to address the needs of qualifying populations, both in terms of funding and organizational capacity. Rapidly increasing costs to develop new housing and shelter units means the County has been unable to keep up with the need for new units. Temporary funding brought on by the COVID-19 pandemic has allowed some additional units of shelter to be created and it has prevented many more households from becoming homeless due to rental assistance. However, creating new units of rental housing remains challenging. Describe the unmet housing and service needs of qualifying populations: Homeless as defined in 24 CFR 91.5 Based on the data in the Homeless Needs Inventory and Gap Analysis Table at the beginning of this section, Kitsap County has a gap of 137 shelter beds for adults and 6 shelter units for homeless families, based on the 2021 Coordinated Entry data compared with the number of current homeless shelter beds. However, 150 of the current shelter beds are being funded with COVID-19 specific funds, which are slated to expire in 2023. Kitsap County is working to develop a new 75-bed shelter that will replace ½ of these beds but will still leave a net loss of 75 beds from current levels, bringing the unmet need to 212 shelter beds for adults and 6 shelter units for families specifically by the end of 2023. Coordinated Entry data for calendar year 2021 indicates that 153 households were unable to receive immediate shelter due to lack of shelter beds and spent an average of 48 days on the waitlist for shelter. Additionally, the Washington State Department of Commerce recently released a Housing for All Planning Tool (HAPT) in November 2022, which is intended to assist local counties in planning for sufficient affordable housing units and shelter beds to meet the needs of projected population growth through 2044. According to this projection, Kitsap County will need to produce an additional 1,598 shelter beds by 2044 in order to meet the needs of the population at that time. This would constitute a 93% increase over 22 years from the number of current shelter beds in operation. The HAPT projection indicates a need for an additional 1,787 permanent supportive housing (PSH) units by 2044. These units would provide permanent housing for people with long- term behavioral and physical health needs in order to stay stably housed. 17 February 13, 2023 At Risk of Homelessness as defined in 24 CFR 91.5 Prior to the COVID-19 pandemic, households who are at-risk of homelessness were identified only when they met the criteria to receive the limited amount of rental assistance that is available or qualified for a housing-authority-administered voucher program or public housing. Many people at risk of homelessness were not able to be served by the limited resources and were therefore not identified specifically. However, as described above, during the pandemic, a large volume of eviction prevention rental assistance was made available by US Treasury and the WA legislature. To date, 69% of households served with this funding had incomes at or below 30% of Area Median Income. Most of the households that were served were unable to pay their rent before the pandemic and this funding temporarily alleviated that burden during the pandemic and allowed landlords to recoup this rent in arrears. However, after this temporary pandemic funding expires, these households will again struggle to make up the gap between their incomes and the cost of rental housing. Current other resources to provide rental assistance are a fraction of what was available during the pandemic and will only be able to serve a small sub-section of this very low-income population. The HAPT projects that between now and 2044, Kitsap County as a whole will need to produce 13,219 units of new housing that is affordable to households at or below 50% AMI and an additional 4,697 of units affordable to households with incomes between 50% and 80% AMI. This represents a 36% increase from the current stock in housing units affordable to households under 80% AMI Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking, as defined by HUD in the Notice Kitsap County has one shelter that is specifically serving people who are fleeing DV, though other shelters that serve women or women with children also shelter people who are survivors of DV. These clients are entered anonymously into HMIS, so it is more difficult to ensure un-duplicated statistics for this population. In addition, DV-affected individuals are often referred from outside Kitsap County or DV-affected individuals in Kitsap are referred to programs outside of Kitsap County – this adds to the complexity of projecting the need within the county. The DV-specific shelter did not run at capacity during 2021, with beds available during most of the year. A DV-specific permanent housing program housed 15 households in 10 units in 2021 and ran at full capacity during that year, indicating a need for additional permanent units of this type. In analyzing statistics through the coordinated entry system and HMIS, people reporting DV as a characteristic had a 43.6% rate of exits to permanent housing, which is better than the overall shelter-leaver population. 18 February 13, 2023 Other populations requiring services or housing assistance to prevent homelessness and other populations at greatest risk of housing instability as defined by HUD in the Notice The unmet housing and services for this population include additional rental assistance to replace the assistance that will go away once the COVID rental assistance runs out. More permanent rental units, especially low barrier or supportive units for people exiting institutions or suffering from disabling conditions. Housing counseling to help people utilize housing vouchers. Identify any gaps within the current shelter and housing inventory as well as the service delivery system: While current shelter providers and the limited permanent supportive housing units that are in current operation are working hard to provide low-barrier shelter, there are several populations that are not able to be served by current shelter services or current PSH programs. These include: 1) people with chronic and/or severe physical health conditions, including incontinence, that exceed the capacity of shelter or PSH staff to care for, 2) people with socially disruptive mental health conditions, 3) people who are still in active addiction that leads to disruptive behaviors, 4) people with deteriorated or diminished cognitive function (including Alzheimer’s, Parkinson’s, and dementia), and 5) people who are unable to perform their own activities of daily living (ADLs), such as bathing, toileting, dressing, etc. People who have any combination of the previous conditions are also not able to be accommodated in current shelter and PSH programs. In order to be able to care for people with these conditions, extremely intensive (and expensive) shelter programs and permanent supportive housing units would need to be created that include a high level of on-site supportive services. Kitsap County opened one permanent supportive housing building in 2022, with 72 units. However, as indicated above, there is a need for both a significant number of additional units, as well as units that can serve people with much higher needs. Under Section IV.4.2.ii.G of the HOME-ARP Notice, a PJ may provide additional characteristics associated with instability and increased risk of homelessness in their HOME-ARP allocation plan. These characteristics will further refine the definition of “other populations” that are “At Greatest Risk of Housing Instability,” as established in the HOME-ARP Notice. If including these characteristics, identify them here: Kitsap County has not identified additional characteristics. Identify priority needs for qualifying populations: Kitsap County has identified new units of rental housing as the single biggest priority need, followed by new units of shelter. 19 February 13, 2023 Explain how the PJ determined the level of need and gaps in the PJ’s shelter and housing inventory and service delivery systems based on the data presented in the plan: We analyzed data from the coordinated entry program, the local HMIS data set, the Point in Time County, and the Housing For All Planning Tool (a population-based projection of housing need through 2044), the Affordable Housing Study completed by ECONorthwest in 2020 and data from the 2021-2025 Kitsap and City of Bremerton Consolidated Plan. We looked at the current available stock of shelter, permanent supportive housing and subsidized housing compared to the current and projected need to come up with the resulting gaps. HOME-ARP Activities Describe the method(s)that will be used for soliciting applications for funding and/or selecting developers, service providers, subrecipients and/or contractors: Kitsap County will utilize a Request for Proposal (RFP) process to solicit applications for specific rental housing projects to utilize HOME-ARP funding. The projects funded must be open to all the Qualifying Populations outlined in the HOME-ARP Notice and meet additional requirements set forth in the Notice for HOME-ARP funds. Projects must also meet HOME requirements detailed in Kitsap County’s 2024 CDBG/HOME Policy Plan. The City of Bremerton, continuing its partnership with Bremerton Housing Authority (BHA), will allocate it’s share of HOME-ARP to an existing rental development project in Bremerton. A portion of the County and City of Bremerton’s share ($402,977) will be set-aside for BHA to undertake a rental housing counseling program to assist households in using Housing Choice Vouchers to secure permanent housing county-wide. Describe whether the PJ will administer eligible activities directly: Kitsap County and the City of Bremerton will not administer activities directly. Funds will be awarded to owner/sponsor/developers for eligible rental housing development activities. The County and City of Bremerton will also set-aside a portion of funds to be used for housing counseling undertaken by the Bremerton Housing Authority who will act as a subrecipient. If any portion of the PJ’s HOME-ARP administrative funds are provided to a subrecipient or contractor prior to HUD’s acceptance of the HOME-ARP allocation plan because the subrecipient or contractor is responsible for the administration of the PJ’s entire HOME- ARP grant, identify the subrecipient or contractor and describe its role and responsibilities in administering all of the PJ’s HOME-ARP program: Not applicable In accordance with Section V.C.2. of the Notice (page 4), PJs must indicate the amount of HOME-ARP funding that is planned for each eligible HOME-ARP activity type and 20 February 13, 2023 demonstrate that any planned funding for nonprofit organization operating assistance, nonprofit capacity building, and administrative costs is within HOME-ARP limits. Use of HOME-ARP Funding Percent of the Statutory Funding Amount GrantLimit Supportive Services $ 402,977.41 Acquisition and Development of Non- $ 0 Congregate Shelters Tenant Based Rental Assistance $ 0 (TBRA) Development of Affordable Rental $ 2,117,704.14 Housing Non-Profit Operating $ 0 0 % 5% Non-Profit Capacity Building $ 0 0 % 5% Administration and Planning $ 132,667.45 5 % 15% Total HOME ARP Allocation $ 2,653,349 Describe how the PJ will distribute HOME-ARP funds in accordance with its priority needs identified in its needs assessment and gap analysis: The needs assessment and gap analysis identify gaps in permanent rental housing for households with income below 30% AMI and for those. Funds will be prioritized for projects that create new units, either through construction or acquisition/rehabilitation, and made available to all qualifying populations. Projects must not violate fair housing and civil rights requirements and cannot limit eligibility based on a protected class (e.g., single-sex rental housing, single adults- only shelter, etc.). Describe how the characteristics of the shelter and housing inventory, service delivery system, and the needs identified in the gap analysis provided a rationale for the plan to fund eligible activities: Kitsap County’s housing inventory shows a significant gap between the housing currently available and what is needed. Households are continuing to struggle to obtain affordable rental units, and certain populations with higher needs are unable to secure supportive housing. There is also a significant need for more shelter beds, particularly for people with high needs that are not a good fit for the current shelter system, however there are currently no organizations with capacity to take on development of a non-congregate shelter project. The County does not have significant funding for capital housing. This is the rationale for the plan to prioritize funding for creation of new units of rental housing, including supportive housing. The County currently has several on-going funding streams that are used to fund services including funds prioritized for homeless populations and those with mental and behavioral health challenges. The HOME-ARP funds will not be prioritized for services with the exception of a set- aside of funds for rental housing counseling for the Housing Choice Voucher program administered by the Bremerton Housing Authority. 21 February 13, 2023 Funds will not be used for Tenant-based Rental Assistance. The current housing voucher system is under subscribed and additional tenant based rental assistance is a low priority. HOME-ARP Production Housing Goals Estimate the number of affordable rental housing units for qualifying populations that the PJ will produce or support with its HOME-ARP allocation: Funds will be used to support the creation of 30 units of new affordable rental housing. Nine units will be developed in the City of Bremerton and 21 units in Kitsap County, outside the City of Bremerton. The units will be for all four of the qualifying populations outlined in the HOME- ARP Notice. Projects may include acquisition with or without rehabilitation and new construction. Acquisition of vacant land or demolition may be undertaken only with respect to a HOME-ARP project for which construction is expected to start within 12 months of commitment. Describe the specific affordable rental housing production goal that the PJ hopes to achieve and describe how the production goal will address the PJ’s priority needs: The Needs Assessment and Gaps Analysis portion of this plan demonstrates a great need for more units of housing affordable for very low-income household in Kitsap County and the City of Bremerton. As of 2013-2017, Kitsap County had a shortage of 5,782 units of rental housing affordable to its extremely low-income renter households (those earning less than 30% of the median family income. During the same period, about 50% of all Kitsap County renter households were cost burdened, paying more than 30% of their income on housing costs. Housing which is low barrier or supportive units for people exiting institutions or suffering from disabling conditions are especially needed. Development of this type of housing will require significant funding for capital development and on-going operations so the number of units HOME-ARP can support is limited, however it is expected that projects will have other funding sources to fill the gap. Based on previous projects developed in Kitsap County and the City, 30 new units is a reasonable goal. While modest compared to the number of units needed, it represents a significant increase in the affordable housing stock available for households with very-low incomes. Identify whether the PJ intends to give preference to one or more qualifying populations or a subpopulation within one or more qualifying populations for any eligible activity or project: All projects funded with HOME-ARP funds will be available to all qualifying populations. Kitsap County and the City of Bremerton will not give preference to one or more qualifying population or subpopulation. If a preference was identified, explain how the use of a preference or method of prioritization will address the unmet need or gap in benefits and services received by 22 February 13, 2023 individuals and families in the qualifying population or subpopulation of qualifying population, consistent with the PJ’s needs assessment and gap analysis: Not applicable Describe whether the PJ intends to limit eligibility for a HOME-ARP rental housing or NCS project to a particular qualifying population or specific subpopulation of a qualifying population identified in section IV.A of the Notice: Kitsap County will not limit eligibility to a particular Qualifying Population (QP) or specific subpopulations. All projects funded with HOME-ARP will be open to all qualifying populations. Appendix A: HOME-ARP Agency Consultations – Feedback (next page) 23 February 13, 2023 the split of is 132,667.45402,977.42 deducted 2,653,349.002,117,704.13 amount and administration Total for This administration and Bremerton) purposes. designated Report 31% has planning and planning 41,126.91 HUD (31%)* 822,538.00201,488.71579,922.38 for Percentage Kitsap ongoing use Share for amount (69% to amounts. FUNDING used Corsortium funds be ARP Bremerton remaining Housing will of percentages HOME admin The and of HOME the the Rental OF on the using in projects based for is $132,667.45management. (69%)City 91,540.54 201,488.71 included Bremerton 1,830,811.001,537,781.75 share BREAKDOWN be Share available contract and allocated will County Kitsap amount Bremerton already including of the Kitsap *City**HUDbetweenfromfunds,($265,334.90) Counseling Houisng TotalAdmin**HousingRental Sarah Lynam From:Shannon Bauman <SBauman@kitsap.gov> Sent:Thursday, February 23, 2023 9:10 AM To:Lynette Ackman Cc:Sarah Lynam; Bonnie Tufts Subject: RE: HOME-ARP Allocation Plan CAUTION:Thisemailoriginatedfromoutsideoftheorganization.Donotclicklinksoropenattachmentsunlessyourecognize thesenderandknowthecontentissafe. Lynette, ThankyousomuchforyourthoughtfulcommentsontheHOMEARPAllocationPlan.Yourcommentshavebeennoted andwillbeincludedinthewrittencommentrecordfortheplan. Thanksagain, Shannon Bauman BlockGrantProgramAnalyst KitsapCountyDept.ofHumanServices BlockGrantProgram th 3456Street,Suite400 Bremerton,WA98337 sbauman@kitsap.gov UntilfurthernoticeIamworkingremotely. Thebestwaytoreachmeisbyemail. From:LynetteAckman<lynetteackman@gmail.com> Sent:Monday,February20,202312:01PM To:ShannonBauman<SBauman@kitsap.gov> Subject:HOMEARPAllocationPlan You don't often get email from lynetteackman@gmail.com. Learn why this is important \[CAUTION:ThismessageoriginatedoutsideoftheKitsapCountymailsystem.DONOTCLICKonlinks or open attachments unlessyouwereexpectingthisemail.Iftheemaillookssuspicious,contacttheHelpdeskimmediatelyat 3603375555,oremailatHelpdesk@kitsap.gov\] Hi,Shannon. L͸ķliketomakeafewrecommendationsregardingtheaffordablehousingallocationplan.Ihavelimitedexperiencewith homelessness,havingfortunatelyneverbeenhomelessmyself.HoweverIhavefriendsandfamilythathave experienced/areexperiencinghomelessness.Ialsovolunteerwithasevereweathershelterandtrytohelpinsmall wayswhereIcan.Somysuggestionscomefromthatperspective. 1)Restroomfacilities:The#1complaintIhearfromresidentsofKitsapcountyaboutencampmentsisthegarbageand humanexcrement.Whatdoweexpectwhenthehomelesshavenowheretourinate/defecate?Thecomplaintsoften elessworseoffasnowsomeoralloftheirbelongingshave leadtoencampmentͻĭƌĻğƓǒƦͼͲwhichcanleavethehom 1 beendisposedƚŅͶandƷŷĻǤ͸ǝĻstillnowheretolive.Thecountymaygivethemtemporaryhousing,butƷŷğƷ͸ƭnota permanentsolution. AhomelesswomanIspoketorecentlynotedshewantedtouseaportabletoilet,butitwaspadlocked.Thenshewas threatenedwitharrestifsheurinated inpublic. SoL͸ķliketoseepublicrestroomsfor*anyone*,homeless,thosewaitingfortheferry,anyonethatneedsa toilet.Ideally,therewouldbesinksandshowers(withsoapdispensers),andthefacilitieswouldbecleanandsafe. 2)Garbagefacilities:Relatedto#1above,ifpeopledonothaveaplacetoputtheirgarbagewhatcanweexpectin regardtolitter?Theavailabilityofpublictrashreceptaclesthataremaintainedandnotoverflowingispivotalagainfor thehomelessandforothers.Thishelpspreventaccumulationoftrashinthegarbage,alongstreets,etc.Ideally,trash andrecyclingbins,butatleasttrash. 3)Affordablehousing:Thisisobvious.Thepermanentsolutiontohomelessnessishousing.Themostcommonperson *I*seethatishomelessissomeoneage55+onsocialsecurity,perhapswithapension.L͸ǝĻspokenrepeatedlywithone severeweatherguestthatgetssocialsecurityandapension.However,źƷ͸ƭnotenoughtoaffordanywheretoliveinthis area,sohelivesinhisvehicle.IĻ͸ƭaskedmehowmuchIpaidformyplace.Whensomeonegetsonly$1500amonth, whataretheysupposedtodo?Ihaveotherfriendsandneighborsthatareonsocialsecurityandtheymanagetorent smallapartmentswiththatandastatevoucherandsavings,butknowatsomepointtheirsavingswillrunout especiallyaslandlordscontinuetoincreaserentandthevouchersΫķƚƓ͸ƷΫincreasesotheyhavetofoottheentire increasethemselves. Ihavefriendsthatareafamilyoftwoadultsandoneteenageroneoftheadultsisondisability,andtheybecame homelesswhentheotheradultlosthisjobduetohisĻƒƦƌƚǤĻƩ͸ƭclosing.Theycurrentlyhavetheabilitytostaywith ŅƩźĻƓķƭͶthosesamefriendsarehousingatleasttwootheradults.ThisźƭƓ͸Ʒananswer. Anotherfriendisafullyemployedadultwithafullyemployedadultchild,whobothlive(alongwiththeadultĭŷźƌķ͸ƭ child)withhermother.L͸ƒgladsomehavefamilyandfriendsthatcanhelpout,butźƷ͸ƭstillnotidealobviouslyand whataboutallthosethatķƚƓ͸Ʒhaveanyonetohelp? Iknowmanyofthehomelesshaveissueswithmentalhealthand/oraddiction.Honestly,anyoneregardlessof health/addiction,deservestobefedandhousedinmyverybiasedopinion.Ialsoseehomelessrecentlyoutofprison, withmentalhealthissues,etc.Theyarestillhumanbeingsdeservingofessentials. InLawrence,KansasƷŷĻǤ͸ǝĻbeenexperimentingwithanencampmentmonitoredbylocalpolice.LƷ͸ƭalsofarfrom ideal.Forone,theyhaveanencampmentresidentdoingmostofthework,unpaid.Whichfeelsliketakingadvantage, obviously.ButźƷ͸ƭSOMETHING! Sorrythiswassolengthy,butIimplorethecountytothinkofthosethreeessentials: *Restrooms *Garbage *Housing Thankyou. LynetteAckman Kingston,WA LynetteAckman@gmail.com 2 Sarah Lynam From:Shannon Bauman <SBauman@kitsap.gov> Sent:Thursday, February 23, 2023 9:05 AM To:twalker Cc:Sarah Lynam; Bonnie Tufts Subject: RE: Feedback on Housing Shortage CAUTION:Thisemailoriginatedfromoutsideoftheorganization.Donotclicklinksoropenattachmentsunlessyourecognize thesenderandknowthecontentissafe. Teresa, ThankyoufortakingthetimetoprovidecommentontheHOMEARPAllocationPlan.Yourcommentshavebeennoted andwillbeincludedinthewrittencommentrecordfortheplan. Thanksagain, Shannon Bauman BlockGrantProgramAnalyst KitsapCountyDept.ofHumanServices BlockGrantProgram th 3456Street,Suite400 Bremerton,WA98337 sbauman@kitsap.gov UntilfurthernoticeIamworkingremotely. Thebestwaytoreachmeisbyemail. From:twalker<twalker_72@comcast.net> Sent:Saturday,February18,202310:17AM To:ShannonBauman<SBauman@kitsap.gov> Subject:FeedbackonHousingShortage You don't often get email from twalker_72@comcast.net. Learn why this is important \[CAUTION:ThismessageoriginatedoutsideoftheKitsapCountymailsystem.DONOTCLICKonlinks or open attachments unlessyouwereexpectingthisemail.Iftheemaillookssuspicious,contacttheHelpdeskimmediatelyat 3603375555,oremailatHelpdesk@kitsap.gov\] Iwishtosubmitasuggestionre:thefundsallocationplanandregardingthecriticalhousingshortage.TheCityof BremertonandKitsapCountyneedtoallowandfundmanymoreRVparksasatransitionalsteptopermanenthousing. ThereareonlyafewRVparksinthearea,whichhasdrivenupthecostofrentingevena ƷźƓǤ trailerormotorhome spaceto$600$1,000amonth!!ThisisnotͻğŅŅƚƩķğĬƌĻͼasfamiliesattempttosaveupenoughtomoveintobetter housing. Thankyouforconsideringthisinput. Sincerely, 1 TeresaG.Walker P.O.Box2786 Bremerton,WA98310 2 AGENDA BILL CITY OF BREMERTON CITY COUNCIL A3 SUBJECT: Study Session Date: March 8, 2023 Professional Services Agreement with COUNCIL MEETING Date: March 15, 2023 Osborn Consulting, Inc., for Design of the Department: PW&U- Engineering Anderson Creek Dam Removals Project Presenter: Gunnar Fridriksson Phone: (360) 473-5758 SUMMARY: The City constructed two earthen and concrete dams on both forks of Anderson Creek decommissioned are rated by the Washington State Department of Fish and Wildlife (WSDFW) as fish passage barriers. A request for proposals utilizing the MSRC roster was sent out to five candidates. Of the five, three submitted proposals. Osborn Consulting, Inc., (OCI) was selected based on qualifications. OCI will provide permitting support and prepare bid ready Plans, Specifications, and an (PS&E) for the project for a contract amount not to exceed $502,074.32. The City has received a Public Works Trust Fund loan in the amount of $2,000,000.00 for the project. ATTACHMENTS: 1. Professional Services Agreement with OCI. 2. Vicinity map FISCAL IMPACTS (Include Budgeted Amount): The Anderson Creek Dam Removals Project is included in the 2023 budget and is funded by the Water fund. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with Osborn Consulting, Inc., for Design of the Anderson Creek Dam Removals Project in the amount of $502,074.32; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 PROFESSIONAL SERVICES AGREEMENT ANDERSON CREEK DAM REMOVALS PROJECT / #4571 The City of Bremerton (“City”) and Osborn Consulting, Inc. (“Consultant”), referred to collectively as the “Parties,” enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated January 18, 2023, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.Hof this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section X.A of this agreement. III.Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $502,074.82. Consultant’s charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/orFee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field Page 1 of 7 Bremerton/Osborn Consulting, Inc. Anderson Creek Dam Removals Rev. 09/2021 of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City’s employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City’s administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees incurred by the City in defense, arising out of or resulting from alleged negligent or wrongful acts, errors or omissions of the Consultant in performance of this Agreementexcept for that portion of the injuries and damages caused by the City’s sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant’s services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. Page 2 of 7 Bremerton/Osborn Consulting, Inc. Anderson Creek Dam Removals Rev. 09/2021 The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-contractors. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which may be provided on a “claims-made” basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance.The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant'sinsurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative Page 3 of 7 Bremerton/Osborn Consulting, Inc. Anderson Creek Dam Removals Rev. 09/2021 obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by th certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6 Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. In the event that the Consultant employs other consultants or contractors (sub-consultants or sub-contractors) as part of the work covered by this Agreement, it shall be the Consultant’s responsibility to require and confirm that each sub-consultant or sub-contractor meets the minimum insurance requirements specified above. The Consultant shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. VII. General Conditions: A. Reports and Information:When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (“GAAP”) to substantiate all billed amounts. B.Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Bellingham, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for otherthan the specific purpose intended will be at City’s sole risk. Page 4 of 7 Bremerton/Osborn Consulting, Inc. Anderson Creek Dam Removals Rev. 09/2021 C.Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Bellingham, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Attn: Gunnar Fridriksson Attn:Peter Wurden-Foster City of Bremerton Osborn Consulting, Inc. th 345 6Street, Suite 100 1317 Commercial Street, Suite 201 Bremerton, WA 98337-1891 Bellingham, WA 98225 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred Page 5 of 7 Bremerton/Osborn Consulting, Inc. Anderson Creek Dam Removals Rev. 09/2021 in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys’ Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney’s fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Equal Employment Opportunity Statement: In the hiring of employees for the performance of work under this Agreement, the Consultant, its subcontractors, or any person acting on behalf of Consultant shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. IX. ADA Statement: The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton.Reasonable accommodation for employees or applicants for employment will be provided. X. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party’s sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, Page 6 of 7 Bremerton/Osborn Consulting, Inc. Anderson Creek Dam Removals Rev. 09/2021 equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B.Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. XI. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTONOSBORN CONSULTING, INC. By: By: Print Name: Greg Wheeler Print Name: Tarelle Osborn Its: Mayor Its: President Date: Date: APPROVED AS TO FORM: ATTEST: By: By: Kylie J. Finnell, Bremerton City Attorney Angela Hoover, City Clerk R:\\Legal\\Legal\\Forms\\FORMS ON COBWEB\\Professional Services Agreement Rev. 09 2021.docx Page 7 of 7 Bremerton/Osborn Consulting, Inc. Anderson Creek Dam Removals Rev. 09/2021 EXHIBIT A SCOPE OF WORK Project: City of Bremerton Anderson Creek Dam Removals Prime Consultant: Osborn Consulting, Incorporated Contract Number: TABLE OF CONTENTS Background ................................................................................................................................................... 2 General Assumptions .................................................................................................................................... 2 Scope of Services ......................................................................................................................................... 3 Task 100 . Project Management and Quality Assurance / Quality Control ............................................... 3 Task 200 : Data Gathering and Reconnaissance ..................................................................................... 3 Subtask 200.1 : Site Visit ....................................................................................................................... 3 Subtask 200.2 : Topographic Survey (N.L. Olson & Associates, Inc. (N.L. Olson)) .............................. 4 Subtask 200.3 : Wetland Delineation and OHW Determination (ICF International, Inc. (ICF)) ............. 4 Subtask 200.4 : Geotechnical Services (Aspect Consulting, Inc. (Aspect)) .......................................... 5 Task 300 : Hydrologic and Hydraulic Analysis .......................................................................................... 7 Subtask 300.1 : Hydrologic Analysis ..................................................................................................... 7 Subtask 300.2 : Hydraulic Analysis ....................................................................................................... 7 Task 400 : Design Documentation ............................................................................................................ 8 Subtask 400.1 : Hydrologic and Hydraulic Model Memorandum .......................................................... 8 Subtask 400.2 : Drainage Report .......................................................................................................... 9 Subtask 400.3 : Basis of Design Report and Alternative Analysis Presentation ................................... 9 Task 500 : Plans, Specifications, and Estimates....................................................................................... 9 Subtask 500.1 : 30% Design ............................................................................................................... 10 Subtask 500.2 : 60% Design ............................................................................................................... 10 Subtask 500.3 90% Design ................................................................................................................. 11 Subtask 500.4 100% / Ad-ready Design .............................................................................................. 12 Task 600 : Permitting and Environmental Review (ICF International, OCI) ............................................ 13 Subtask 600.1 : JARPA Application (ICF) ........................................................................................... 14 Subtask 600.2 : Hydraulic Project Approval ........................................................................................ 15 Subtask 600.3 : Endangered Species Act Compliance ....................................................................... 15 Subtask 600.4 : Construction Stormwater General Permit .................................................................. 16 Task 700 : Cultural Resources Report (ICF International) ...................................................................... 16 1 | Page January 18, 2023 Task 800 : Bid and Construction Support Services ................................................................................. 17 Subtask 800.1 : Bid Support Services ................................................................................................. 17 Subtask 800.2 : Construction Support Services .................................................................................. 18 Subtask 800.3 : Geotechnical Construction Support Services (Aspect Consulting) ........................... 19 Task 900 : Stakeholder Coordination and Public Outreach....................................................................19 BACKGROUND Two concrete and earthen dams located on the east fork and west fork of Anderson Creek are full barriers to fish passage. The City of Bremerton (City) is planning to remove both structures to restore fish passage to the upstream reaches of Anderson Creek. The dams were constructed in the early 1900s and later abandoned in the 1960s with the control boxes and valves left in the fully-open position. The purpose of this Scope is to review existing data and collect new information from the field to create hydrologic and hydraulic models which will be used to inform the development of 30%, 60%, 90%, and 100% Final Ad-ready design plans, specifications, and estimates to remove each dam and provide fish passage. Survey, geotechnical, and environmental assessment efforts are included, along with bid and construction support services. GENERAL ASSUMPTIONS If standards or criteria change from this agreement after the date the contract or agreement is signed, the changes may be considered out-of-scope work. Osborn has relied on the accuracy of data furnished by the client and others in developing this SOW. The City will acquire an easement through the City of Port Orchard to facilitate access to the project site during construction. As part of this effort, Osborn Consulting, Inc. (OCI) will provide one exhibit as detailed under Task 800. The City to waive fees associated with City permits and plan reviews required for this project. The access road and staging areas used by the Contractor to access the dam sites will be removed and the impacted areas restored by the Contractor at the conclusion of the project. As-built documentation will not be required for this project. Design standards City of Bremerton Design and Construction Standards Washington State Department of Fish and Wildlife (WDFW) 2013 Water Crossing Design Guidelines Washington State Administrative Code (WAC) Chapters 220-660-190 and 220-660-200 Washington State Department of Ecology 2019 Stormwater Management Manual for Western Washington Software applications Drafting: AutoCAD Civil 3D 2022 Hydraulic modeling: HEC-RAS version 6.3.1 Hydrologic modeling Peak flows: MGS Flood continuous simulation hydrologic model version 4.57 Seasonal flows during construction window: HEC-SSP version 2.2 2 | Page January 18, 2023 Previous studies Stantec Consulting Services, Inc. 2017. Anderson Creek Dam Removal and Feasibility Planning Report SCOPE OF SERVICES Task 100. Project Management and Quality Assurance / Quality Control Objective: The objective of this task is to provide project administration including budget and schedule management, internal quality assurance / quality control review of deliverables prior to submission, maintenance of records and monthly progress reports, and project set-up and close-out. This task also includes internal coordination between the project team members. Assumptions Design duration is 22 months, with the work occurring March 2023 through December 2024. Construction duration is 6 months, with the work occurring June 2024 through December 2024. There will be a project kickoff meeting between the City and up to three (3) OCI staff, lasting one (1) hour. There will be weekly coordination meetings between the City and up to three (3) OCI staff, lasting thirty (30) minutes. Deliverables 1. Monthly Progress Reports 2. Kickoff meeting with City Project Manager, held over Microsoft Teams. Include agenda and minutes to be prepared by OCI. 3. Weekly meetings with City Project Manager, held over Microsoft Teams. Include agenda and minutes to be prepared OCI. Task 200: Data Gathering and Reconnaissance Objective: The objective of this task is to collect site data which will establish a basis for the proposed dam removal and stream restoration design. Assumptions The City will provide a key or access through the locked gates at each dam site for the field efforts. It is anticipated that field staff will be on-site at three different times: the initial site visit by OCI and ICF, geotechnical exploration, and site survey. Subtask 200.1: Site Visit OCI staff will document and photograph existing site conditions within 300 feet upstream and downstream of the dams located on the east fork and west fork of Anderson Creek. Site visit attendees to include three (3) OCI staff. Prior to performing the site visit, OCI will develop one (1) Field Map figure and review the 2017 Anderson Creek Dam Removal Report provided by the City. The field team will collect up to four (4) pebble counts, split between the investigated reaches on the east fork and west fork of Anderson Creek. In addition, the field team will collect up to four (4) bankfull width measurements per site and identify a reference reach at each site, if present, within the limits of site investigation. They will also document large woody material presence, approximate the limits of sediment deposition upstream of each dam, and document existing structures or natural features which may be detrimental to fish passage or compromise habitat considerations. 3 | Page January 18, 2023 A Field Report will be completed documenting the results of the site visit including bankfull widths, pebble count gradations, and reference reach locations. Assumptions The OCIsite visit will be completed in a single day. The City will provide a key or access through the locked gates located at each dam site. The Field Report will be amended as needed to reflect the results of the concurrence meeting held with the Suquamish Tribe and WDFW documented under Subtask 900.1. Deliverables Field Report (Draft and Final), in PDF format. Subtask 200.2: Topographic Survey (N.L. Olson & Associates, Inc. (N.L. Olson)) See Attachment A. Subtask 200.3: Wetland Delineation and OHW Determination (ICF International, Inc. (ICF)) In accordance with the state Water Pollution Control Act and federal Clean Water Act (CWA) (Section 401 and 404) any discharges or fill into federal or state waters and wetlands must be permitted by Ecology and the US Corps of Engineers. Therefore, a wetland delineation and Ordinary High Water Mark (OHWM) determination is required. Preliminary site work will include the determination of the ordinary high-water mark (OHWM) and wetland delineation by an ICF professional wetland scientist. The stream channel OHWM will be identified per Washington Department of Ecology’s Determining the Ordinary High Water Mark for Shoreline Management Act Compliance in Washington State (October 2016). OHWM will be marked by placement of flags and GPS points roughly 300 feet upstream of the dam sites and 50 feet downstream. If wetland presence is confirmed, the ICF wetland scientist will flag the wetland extents with flags and GPS points, as well as document with photos and descriptions. The wetland delineation will be conducted using the 1987 United States Army Corps of Engineers (USACE) Wetland Delineation Manual (Environmental Laboratory 1987) as updated by the 2012 Mountains, Valleys, and Coast regional supplement. Wetland functions will be determined using the Washington State Wetland Rating System for Western Washington (Ecology 2014). To ensure accuracy of flagging locations, a surveyor team will later collect the pin flag locations for OHWM boundaries and all wetland sample plots and boundaries. A Preliminary Wetland Delineation and OHWM Determination Report presenting identified wetlands and OHW boundaries within or immediately adjacent to the project area and discussing the applicable federal, state, and local requirements will be provided in Draft and Final form. A biologist or landscape architect will be available to assist OCI in development of the Mitigation Planting Plan as required for tree removal within a critical area or associated buffer per BMC 20.14.190. Assumptions Preliminary in-office desktop review of the project’s area will be necessary to determine previously identified features and historical data. This will assist the biologists once they get into the field and become familiar with the project’s boundaries and previously mapped wetlands and waterways Field time for two biologists is expected to require one, 8-hour day to complete the wetland delineation and waterway determination. Travel expenses (mileage) to and from the project site in Bremerton, Washington from ICF’s office in Seattle, Washington is also included. The site visit will be coordinated with OCI and the City. 4 | Page January 18, 2023 The proposed project study area, as understood by ICF, is identified in the SOW. The extent of the field work will not go beyond 300 feet upstream and 50 feet downstream of the existing dams and 40-feet from creek channel. ICF will conduct a walking review of the project access area. ICF will not delineate on private property without authorized access. If wetlands extend onto property without access rights, ICF will note if wetlands extend off site and stop delineating. Wetland delineation will require ICF to investigate up to 10 sample plots total. Field work will require delineation of not more than 5 separate wetlands or Waters of the State within 300 feet upstream and 50 feet downstream of proposed project activities. There will be one-round of City comments on the Draft Preliminary Wetland Delineation and OHWM Determination Report prior to finalization, respectively, by OCI and the City. Requested changes to text will be submitted to OCI in a single Microsoft Word file using track changes and or via a tracking form. Deliverable revisions assume no additional fieldwork or analysis will be required to fully address comments. Deliverables 1. Preliminary Wetland Delineation and OHWM Determination Report (Draft and Final), in electronic PDF and MS Word format. 2. Support for a Mitigation Plan for tree removal within a critical area or associated buffer per BMC 20.14.190. Subtask 200.4: Geotechnical Services (Aspect Consulting, Inc. (Aspect)) Understanding It is understood that this project will involve removal of two old existing dams, Dam 1 and Dam 2, along the western and eastern arms, respectively, of Anderson Creek . These dams were originally constructed in the 1900’s for drinking water storage. They are earthen dams with cast in place concrete walls and spillway. The western dam (Dam 1) is approximately 9.5 feet tall on the upstream face, and 60 feet wide, and it has partially collapsed and has not been used for decades. Access to Dam 1 is from the east via a steeply sloped and heavily overgrown access trail traversing the ravine slope. Groundwater seepages emanate from the sideslopes along the access trail. A geotechnical engineering assessment is needed to evaluate slope stability for construction equipment utilizing the access trail. The eastern dam (Dam 2) is substantially larger than Dam 1; at 15 feet tall on the upstream face and approximately 90 feet wide. The eastern arm of Anderson Creek flows under the dam’s concrete spillway and a scour pool has developed just downstream of the spillway. Access to Dam 2 is via a wider and more stable trail from the west. The ravine slopes at Dam 2 are steep and groundwater seepages exist. A geotechnical engineering assessment is needed to evaluate slope stability and construction equipment access. Preliminary estimates documented in the 2017 Anderson Creek Dam Removal and Feasibility Planning Report estimates 2,450 cubic yards of excavation. This does not trigger City requirements for Engineered Grading, which would otherwise require a Soils Engineering Report, Engineering Geology Report, and consideration for a liquefaction susceptibility evaluation. As such, these documents are not included in the proposed scope work. Geotechnical findings will be documented in a Geotechnical Engineering Report. Scope of Work 5 | Page January 18, 2023 Aspect will begin with a half-day geologic reconnaissance to observe and assess surface conditions, geomorphic features, slopes, seepages, and trail access to Dams 1 and 2. Aspect will schedule a return to the Site with a local earthwork subcontractor and suitably sized trackhoe to traverse the access road and trails down to the near sides of Dams 1 and 2. The trackhoe will have a thumbed excavator bucket which will be used to remove blown down trees and overgrown saplings along the path. At targeted locations along the access road and paths, test pits will be excavated to evaluate subsurface soil and groundwater conditions. The test pits will be dug to penetrate loose fill and weathered material and will terminate in dense/hard material, test pit caving, or maximum excavator reach, whichever comes first. Soil samples recovered from the test pits will be bagged and returned to the Aspect laboratory for further examination and geotechnical testing. The test pits will be backfilled with excavated material and tamped into place with the excavator bucket. Selected soil samples will be identified for testing in the geotechnical laboratory to characterize index and engineering properties. Geotechnical engineering analyses will be completed with respect to slope stability, heavy construction equipment access and haul road impacts, excavations, temporary shoring, stream bypass, etc. A draft geotechnical engineering report will be prepared providing the results of the field investigation, laboratory testing, engineering analyses, and providing conclusions and recommendations related to construction Site access and dam removals and Site restoration. The report will address applicable City of Bremerton requirements for engineering geology and soils engineering reports. Aspect will participate in one meeting with the OCI and City team to review and discuss geotechnical engineering issues and challenges, and any review comments in the draft geotechnical engineering report. Aspect will then issue a Final Geotechnical Engineering Report, co-stamped by a professional engineer (PE) and a professional geologist (PG or LEG), and suitable for inclusion in the contract documents, if desired. Assumptions The dam removal work will not involve any proposed permanent structures such as culverts or retaining walls. Any needed construction haul route upgrades/improvements (such as quarry spalls and ecology blocks) will be designed and built by the contractor. The geologic Site reconnaissance will begin within three weeks of receiving notice-to-proceed. The excavator test pit program will be organized to occur within two weeks of the geologic Site reconnaissance. This program will be completed over the course of one work day. If Site or access conditions are such that a second field day is necessary, this will be an additional work item. All access permits and permissions will be provided by the City of Bremerton at no cost to Aspect. Geotechnical laboratory testing will be completed within two weeks of completion of the test pit program. Geotechnical engineering analyses and draft report preparation will occur over the following four weeks. Therefore, in total, the draft report will be submitted within eleven (11) weeks of notice to proceed. Environmental sampling and analytical testing of suspected contaminated soil or groundwater is not included. 6 | Page January 18, 2023 There will be one-round of City comments on the draft geotechnical engineering report prior to submitting the Final Geotechnical Engineering Report. All deliverables will be submitted electronically. Deliverables 1.Draft Geotechnical Engineering Report 2. Final Geotechnical Engineering Report stamped and signed by a Professional Engineer in Washington State. Task 300: Hydrologic and Hydraulic Analysis Objective: The objective of this task is to inform the development of the proposed design including channel cross section geometry, sediment transport potential, vertical channel stability, and potential downstream impacts. This task includes hydrologic and hydraulic modeling components. Hydrologic and hydraulic model development will be documented jointly in Hydrologic and Hydraulic Model Memorandum under Subtask 400.1. Subtask 300.1: Hydrologic Analysis An MGS Flood continuous simulation hydrologic model will be developed to calculate peak flows to be used in design including the 2-year, 100-year, and 500-year return intervals. Seasonal flows used to inform dewatering and temporary stream channel diversion efforts during construction will be calculated using flow data from the AC - Anderson Creek stream gage operated by Kitsap Public Utility District located downstream of the east fork and west fork on the main stem of Anderson Creek. This data will be imported into HEC-SSP and used to calculate the 50-percent exceedance flow during the in-water work window along with the 10-percent exceedance flow during the in-water work window as a contingency. The flow data will be scaled based on the basin size at each dam site. Assumptions Landuse inputs in the MGS Flood model will assume full-build out condition based on the following zoning data: Kitsap County zoning data from the Kitsap County GIS Data Download page, downloaded upon receipt of Notice to Proceed Maximum percent impervious areas sourced from Kitsap County Code Chapter 17.420 City of Port Orchard 2021 Zoning Map Maximum hard surface percentage sourced from City of Port Orchard Municipal Code Chapters 20.34 and 20.35 The 2-year, 100-year, and 500-year return interval flows will be calculated using the MGS Flood model and will be used to inform the proposed design. The 50-percent and 10-percent exceedance flows will be calculated for the period spanning the in-water work window using HEC-SSP and will be used to inform the temporary stream diversion design. Deliverables 1. MGS Flood model files 2. HEC-SSP model files Subtask 300.2: Hydraulic Analysis 7 | Page January 18, 2023 A 1-dimensional HEC-RAS model will be developed to simulate the existing and proposed conditions at the eastern and western dam sites, respectively. The limits of the hydraulic model will extend approximately 300 feet upstream and 150 feet downstream of each dam site. The 2-year, 100-year, and 500-year return interval flows extracted from the MGS Flood model will be incorporated into the HEC-RAS model using a steady state analysis. As part of this task, hydraulic model results will be used to perform the following: Streambed material sizing calculations Unit Discharge Bed Design (slopes > 5%) or Modified Shields Approach (slopes < 5%) Large woody material quantity and volume calculations WSDOT Log Metrics Calculator, version 3 Large woody material stability calculations United States Forest Service Computational Design Tool for Evaluating the Stability of Large Wood Structures, version 1.2. Long-term degradation calculations Methodology provided in HEC 20: Stream Stability at Highway Structures Calculations to assume no upstream sediment source. Assumptions The hydraulic model will be developed using survey data and supplemented with LiDAR as needed to adequately capture design flow inundation limits within the model domain defined above. Existing and Proposed conditions scenarios will be developed in HEC-RAS One proposed condition simulation will be created Proposed large woody material will be simulated using a composite roughness coefficient, proposed wood placements will not be explicitly modeled in HEC-RAS. Deliverables 1. Electronic files of the HEC-RAS model. Task 400: Design Documentation Subtask 400.1: Hydrologic and Hydraulic Model Memorandum Objective: The objective of this subtask is to document the results of the hydrologic and hydraulic analysis detailed under Task 300. Hydrologic and hydraulic modeling and calculation methods and results will be documented in a Hydrologic and Hydraulic Model Memorandum. Assumptions There will be one round of City comments on the Draft Hydrologic and Hydraulic Model Memorandum prior to finalization. Deliverables 8 | Page January 18, 2023 1. Hydrologic and Hydraulic Model Memorandum (Draft and Final), in Microsoft Word and PDF format. To include the following documents as appendices: a. Long-term degradation calculations, in PDF format. b. Large woody material quantity and volume calculations, in PDF format. c. Large woody material stability calculations, in PDF format. d. Streambed material sizing calculations, in PDF format. Subtask 400.2: Drainage Report Objective: The objective of this subtask is to develop aDrainage Report based on the requirements outlined in the Washington State Department of Ecology 2019 Stormwater Management Manual for Western Washington. Assumptions The project will trigger Minimum Requirements #1 through #5. A Stormwater Pollution Prevention Plan (SWPPP) will be completed as part of this effort. A downstream analysis will be completed as part of this effort. There will be one round of City comments on the Draft Drainage Report prior to finalization. Final report will be stamped and signed by a Professional Engineer in Washington State. Deliverables 1. Drainage Report (Draft and Final), in Microsoft Word and PDF format. Subtask 400.3: Basis of Design Report and Alternative Analysis Presentation Objective: The objective of this subtask is to develop an Alternatives Analysis Presentation and Basis of Design Report to document design decisions, summarize coordination with the City and other stakeholders, and identify assumptions made in the design process. This subtask will include an alternatives analysis to include two alternatives for the proposed design. Assumptions Alternatives Analysis Presentation to include assessment of two alternatives. Alternative 1 will involve limiting the excavation at each site to the existing dam, leaving the aggraded sediments located upstream in place. Alternative 2 will involve removing aggraded sediments from upstream of each dam site. Profiles and plan view figures developed in MS Excel and Bluebeam, respectively, will be used in the alternatives analysis. Presentation will be held during the Design Coordination Meeting held prior to beginning 30% design. Deliverables 1. Alternatives Analysis Presentation (Draft and Final), in Microsoft PowerPoint and PDF format. 2. Basis of Design Report (Draft and Final), in Microsoft Word and PDF format. Task 500: Plans, Specifications, and Estimates Objective: The objective of this task is to develop design plans, specifications, and estimates through a bid-ready level of design. 9 | Page January 18, 2023 Assumptions: Design will include no more than 200 linear feet of channel restoration upstream of each dam site and no more than 50 linear feet of channel restoration downstream of each dam site. Design will be completed in AutoCAD Civil 3D and use drawing templates provided by the City. Design solution must provide fish passage (per WDFW). Design solution shall limit impacts to critical areas and any requirement for offsite or associated mitigation via an in-lieu fee program, to the extent possible. Subtask 500.1: 30% Design Objective: The objective of this task is to develop design plans and estimates through a 30% level of design. Assumptions City staff will provide consolidated review comments on the 30% Design deliverable. A consolidated list of comments screened for duplicates and conflicting edits will be provided to OCI from the City. 30% Design review comments will be addressed as part of the 60% Design deliverable (Subtask 500.2). There will be one (1) Design Coordination Meeting prior to beginning the 30% design to discuss the proposed design. This meeting will be held over Microsoft Teams. Deliverables 1. 30% Plan Sheets (Full Size, 22x34 Plan Sheets), in electronic PDF format. a. COVER SHEET (1 sheet); b. LEGEND AND ABBREVIATIONS (1 sheet); c. EXISTING CONDITIONS (3 sheets, one per dam site and one for the primary access road); d. SITE PREPARATION, TEMPORARY STREAM DIVERSION, AND TEMPORARY EROSION AND SEDIMENT CONTROL PLAN (6 sheets, one per dam site and four for the primary access road); e. GRADING PLAN (2 sheets, one per dam site); f. DRAINAGE PLAN (2 sheets, one per dam site); g. STREAM CHANNEL PLAN (2 sheets, one per dam site); h. STREAM CHANNEL PROFILE (2 sheets, one per dam site); i. STREAM CHANNEL CROSS SECTIONS (1 sheet); 2. Cost Estimate, in electronic PDF and Excel format. Subtask 500.2: 60% Design Objective: The objective of this task is to develop design plans, special provisions, and estimates through a 60% level of design. Assumptions City staff will provide consolidated review comments on the 60% Design deliverable. A consolidated list of comments screened for duplicates and conflicting edits will be provided to OCI 10 | Page January 18, 2023 from the City. 60% Design review comments will be addressed as part of the 90% Design deliverable (Subtask 500.3). There will be one in-person Comment Resolution meeting to discuss responses to the 30% design comments prior to beginning the 60% design. This meeting will include City staff and up to two (2) OCI staff members. Only one round of review is required (Draft and Final) Deliverables 1. 60% Plan Sheets (Full Size, 22x34 Plan Sheets) (Draft and Final), in electronic PDF format. a. COVER SHEET (1 sheet); b. LEGEND AND ABBREVIATIONS (1 sheet); c. SURVEY CONTROL AND ALIGNMENT PLAN (stamped by Surveyor); d. EXISTING CONDITIONS (3 sheets, one per dam site and one for the primary access road); e. SITE PREPARATION, TEMPORARY STREAM DIVERSION, AND TEMPORARY EROSION AND SEDIMENT CONTROL PLAN (6 sheets, one per dam site and four for the primary access road); f. SITE PREPARATION, TEMPORARY STREAM DIVERSION, AND TEMPORARY EROSION AND SEDIMENT CONTROL DETAILS (3 sheets); g. GRADING PLAN (2 sheets, one per dam site); h. DRAINAGE PLAN (2 sheets, one per dam site); i. STREAM CHANNEL PLAN (2 sheets, one per dam site); j. STREAM CHANNEL PROFILE (2 sheets, one per dam site); k. STREAM CHANNEL CROSS SECTIONS (1 sheet); l. STREAM CHANNEL AND LARGE WOODY MATERIAL DETAILS (2 sheets); m. RESTORATION AND PLANTING PLANS (6 sheets, one per dam site and four for the primary access road and staging areas); n. RESTORATION AND PLANTING DETAILS (2 sheets) o. TRAFFIC CONTROL PLAN (1 sheet) 2. Cost Estimate (Draft and Final), in electronic PDF and Excel format. 3. List of Special Provisions (Draft and Final), in electronic PDF and Word format. Subtask 500.3 90% Design Objective: The objective of this task is to develop design plans, special provisions, and estimates through a 90% level of design. Assumptions City staff will provide consolidated review comments on the 60% Design deliverable. A consolidated list of comments screened for duplicates and conflicting edits will be provided to OCI from the City. 90% Design review comments will be addressed as part of the 100% Design deliverable (Subtask 500.4). 11 | Page January 18, 2023 There will be one in-person Comment Resolution meeting to discuss responses to the 60% design comments prior to beginning the 90% design. This meeting will include City staff and up to two (2) OCI staff members. Only one round of review is required (Draft and Final) Deliverables 1. 90% Plan Sheets (Full Size, 22x34 Plan Sheets) (Draft and Final), in electronic PDF format. a. COVER SHEET (1 sheet); b. LEGEND AND ABBREVIATIONS (1 sheet); c. SURVEY CONTROL AND ALIGNMENT PLAN (stamped by Surveyor); d. EXISTING CONDITIONS (3 sheets, one per dam site and one for the primary access road); e. SITE PREPARATION, TEMPORARY STREAM DIVERSION, AND TEMPORARY EROSION AND SEDIMENT CONTROL PLAN (6 sheets, one per dam site and four for the primary access road); f. SITE PREPARATION, TEMPORARY STREAM DIVERSION, AND TEMPORARY EROSION AND SEDIMENT CONTROL DETAILS (3 sheets); g. GRADING PLAN (2 sheets, one per dam site); h. DRAINAGE PLAN (2 sheets, one per dam site); i. STREAM CHANNEL PLAN (2 sheets, one per dam site); j. STREAM CHANNEL PROFILE (2 sheets, one per dam site); k. STREAM CHANNEL CROSS SECTIONS (1 sheet); l. STREAM CHANNEL AND LARGE WOODY MATERIAL DETAILS (2 sheets); m. RESTORATION AND PLANTING PLANS (6 sheets, one per dam site and four for the primary access road); n. RESTORATION AND PLANTING DETAILS (2 sheets) o. TRAFFIC CONTROL PLAN (1 sheet) 2. Cost Estimate (Draft and Final), in electronic PDF and Excel format. 3. Specifications (Draft and Final), in electronic PDF and Word format. Subtask 500.4 100% / Ad-ready Design Objective: The objective of this task is to develop design plans, special provisions, and estimates through a 100% / Ad-ready level of design. Assumptions City staff will provide consolidated review comments on the 100% / Ad-ready Design deliverable. A consolidated list of comments screened for duplicates and conflicting edits will be provided to OCI from the City. 100% / Ad-ready Design review comments will be addressed as part of this deliverable (Subtask 500.5). There will be one Comment Resolution meeting to discuss responses to the 90% design comments prior to beginning the 100% / Ad-ready design. This meeting will be held over Microsoft Teams and include City staff and up to four (4) OCI staff members. 12 | Page January 18, 2023 Only one round of review is required (Draft and Final) Ad-ready set will be stamped and signed electronically by professional engineer in State of Washington. Deliverables 1.100% / Ad-ready Plan Sheets (Full Size, 22x34 Plan Sheets) (Draft and Final), in electronic PDF format. a. COVER SHEET (1 sheet); b. LEGEND AND ABBREVIATIONS (1 sheet); c. SURVEY CONTROL AND ALIGNMENT PLAN (stamped by Surveyor); d. EXISTING CONDITIONS (3 sheets, one per dam site and one for the primary access road); e. SITE PREPARATION, TEMPORARY STREAM DIVERSION, AND TEMPORARY EROSION AND SEDIMENT CONTROL PLAN (6 sheets, one per dam site and four for the primary access road); f. SITE PREPARATION, TEMPORARY STREAM DIVERSION, AND TEMPORARY EROSION AND SEDIMENT CONTROL DETAILS (3 sheets); g. GRADING PLAN (2 sheets, one per dam site); h. DRAINAGE PLAN (2 sheets, one per dam site); i. STREAM CHANNEL PLAN (2 sheets, one per dam site); j. STREAM CHANNEL PROFILE (2 sheets, one per dam site); k. STREAM CHANNEL CROSS SECTIONS (1 sheet); l. STREAM CHANNEL AND LARGE WOODY MATERIAL DETAILS (2 sheets); m. RESTORATION AND PLANTING PLANS (6 sheets, one per dam site and four for the primary access road); n. RESTORATION AND PLANTING DETAILS (2 sheets) o. TRAFFIC CONTROL PLAN (1 sheet) 2. Cost Estimate (Draft and Final), in electronic PDF and Excel format. 3. Specifications (Draft and Final), in electronic PDF and Word format. Task 600: Permitting and Environmental Review (ICF International, OCI) To support the City, the project team will support preparation of the following permit materials: 600.1 JARPA Application 600.2 Hydraulic Project Approval/Fish Habitat Enhancement Form 600.3 Endangered Species Act Compliance 600.4: Construction Stormwater General Permit The ICF permitting lead will attend one either online or onsite permitting meeting with the City and WDFW and representatives from Tribal Nations to review the comments before or after the submittal of the permitting documents. General Task Assumptions: 13 | Page January 18, 2023 OCI will prepare the Stormwater Pollution Prevention Plan. All deliverables will undergo one round of review, respectively, by OCI and the City. For each deliverable, requested changes to text will be submitted to the ICF in a single Microsoft Word file using track changes and or via a tracking form. Deliverable revisions assume no additional fieldwork or analysis will be required to fully address comments. ICF will support the City by addressing minor questions and clarifications posed by the regulatory agencies, project redesign, additional elements or analysis. ICF will provide up to eight (8) hours of support to the City related to response to agency comments on application. City Responsibilities: Participation in coordination meetings, as necessary. Review of deliverables. Permit fees, if any, will be paid by the City. Subtask 600.1: JARPA Application (ICF) The JARPA application is used to secure Section 401 and 404 Clean Water Act Permits from Washington State Department of Ecology (401) and US Army Corps of Engineers (404). ICF will complete all sections of the JARPA form for the Project, not including signatures and other landowner / agent details. This Task includes coordination with ICF and the City to prepare the Permit drawings, Project description, purpose and need statement, and coordination to define volumes of material and areas of cut and fill anticipated in or around the Project. This task includes one (1) agency coordination meeting. Assumptions: The level of detail described in the JARPA application will be commiserate with the complexity of the Project work. Corps 404 Individual permit will not be required and a NWP 27, Aquatic Habitat Restoration, Enhancement, and Establishment Activities, will be acceptable. All calculations of design quantities (ex. fill and excavation of materials below OHWM), and other engineered dimensions necessary to complete JARPA section shall be provided by the OCI. The 60% Plans will be modified for use as the JARPA drawings / Permit Plan set in accordance with the USACE Drawing Checklist (DrawingChecklist-v20191209.pdf (army.mil)). ICF to integrate the cultural resources report for the proposed project (Task 700) to comply with Section 106 of the National Historic Preservation Act and Governors Executive Order 21-02. City Responsibilities: The City will be the primary contact for coordination with regulatory agencies. The City will sign the JARPA application package for ICF submittal to permitting agencies. Deliverables: 1. Engineering drawings, following USACE requirements, for submission with the JARPA application (to be provided by OCI). 14 | Page January 18, 2023 2. Pre-filing meeting request to the Department of Ecology 30 days prior to JARPA submittal 3. Preparation of permit package for the JARPA (Draft and Final) in electronic format. 4. Submittal of the permit package for the JARPA to the regulatory agencies. 5. Attendance of one (1) agency coordination meeting held over Microsoft Teams by up to two (2) ICF team members for a maximum of two (2) hours. Subtask 600.2: Hydraulic Project Approval Under the Washington State Hydraulic Code, a Hydraulic Project Approval (HPA) is required from WDFW for any changes to a stream that may affect hydrology downstream (Washington Administrative Code \[WAC\] 220-660). ICF to submit the HPA or Fish Habitat Enhancement using the WDFW APPS online system. Prior to online submittal, ICF to provide an electronic word document mirroring the APPs online permit to OCI and the City for review. One (1) agency coordination meeting will be held to receive input on project design and fish protection before online submittal. Assumptions: Information synthesized in the JARPA and other project documentation will be used to complete the HPA - streamlining level of effort needed to complete Task 600.2. City Responsibilities: The City will be the primary contact for coordination with WDFW. Deliverables: 1. Preparation of permit package for the HPA or Fish Habitat Enhancement (Draft and Final), in electronic format. 2. Submittal of an HPA or Fish Habitat Enhancement application through WDFW APPs 3. Attendance of one (1) agency coordination meeting held over Microsoft Teams by up to two (2) ICF team members for a maximum of two (2) hours. Subtask 600.3: Endangered Species Act Compliance The dams are located along steep stream ravines. While the riparian corridor is largely undeveloped the project is immediately adjacent to a dense residential development. Based on project vicinity, habitat for marbled murrelet (Brachyramphus marmoratus), and yellow-billed cuckoo (Coccyzus americanus) are not expected to be present and these species are not expected to occur. The creek where work will occur is a fish-bearing perennial stream with documented occurrence of bull trout (Salvelinus confluentus) and steelhead (Oncorhynchus mykiss), both threatened species under the ESA. Therefore, it is expected a Biological Assessment will be required to document if ESA-listed species or critical habitat will be affected either directly or indirectly by the project. ICF will draft a Biological Assessment describing the project along with project affects on ESA-listed species. It is expected the proposed project construction and operation will comply with the National Marine Fisheries Service and U.S. Fish and Wildlife Service (USFWS) (joint biological opinion, WCR-2014-1857). Assumptions: OCI will provide a description of the proposed action from which to analyze project effects to listed species. OCI will provide GIS data files showing the project location and construction footprint including all areas of ground disturbance. 15 | Page January 18, 2023 Consultation with federal and state agencies will be required. Deliverables: 1.Biological Assessment for ESA-listed species (Draft and Final) in electronic format. 2.Attendance of one (1) agency coordination meetingheld over Microsoft Teamsby up to two(2) ICFteam members for a maximum of two (2) hours. Subtask 600.4: Construction Stormwater General Permit Objective: The objective of this subtask is to compile and submit the Construction Stormwater General Permit to the Washington State Department of Ecology. Assumptions Fees associated with permit and plan review will be waived by the City. City to acquire necessary permits for work within City of Port Orchard limits. There will be one round of City review on the Draft Construction Stormwater General Permit prior to submittal to Ecology. Deliverables 1.Construction Stormwater General Permit(Draft and Final) in electronic format. Task 700: Cultural Resources Report (ICF International) ICF cultural resources specialists will rely on the project descriptions to establish an area of potential effects(APE)foreachprojectlocation. ICFwillthenusetheAPEtoperformacultural resources records review using the online Washington Information System of Archaeological and Architectural Resource Database (WISAARD). Following review of WISAARD, ICF cultural resourcesspecialistswillperforman archaeologicalsurveyandahistoricbuiltresourcereconnaissancefor eachprojectsite. ThearchaeologicalsurveywillconsistofwalkingacrosstheAPEtoinspecttheground for surface exposed archaeological deposits and features and excavating four shovel probes per dam removal site (8 shovel probes in total) to inspect for buried archaeological deposits in areas where ground disturbance is proposed. Shovel probes are cylindrical holes that are approximately 18 inches wide and 40 inches deep. ICF will document the contents of the shovel probes and then backfill them. The historic built resource reconnaissance will consist of a cultural resources specialist inspecting both APEs to determine whether historic built resources are present and document them if present. Historic built resource documentation will include the completion of up to two (2) Washington State Department of Archaeology and Historic Preservation’s (DAHP) Historic Property Inventory (HPI) forms and recommendations regarding eligibility for the National Register of Historic Places. Associated research will include using City of Bremerton internal documents, the Washington Information System for Architectural and Archaeological Records Data (WISAARD), and any other sources that ICFidentifies. ICF shall prepare a cultural resources assessment report for the project consistent with DAHP standards. The resources to be covered include prehistoric and historic archaeologicalsites, historic structures, and traditional culturalproperties.Theculturalresourcesassessmentreportwillincludean executive summary,introduction,descriptionofthe APE, regulatory context, environmental andcultural context, records review, methods and findings, technical recommendations, and associated figures. The cultural resources assessment report will be written in a way that complies with the documentation requirements of Section 106 of the National Historic Preservation Act and Governors Executive Order21-02. Assumptions: 16| Page January 18, 2023 Cultural Resources work to precede geotechnical borings and potholing. Fieldwork will require one (1) ten-hour day for up to two (2) ICF cultural resources staff. No archaeological deposits requiring further documentation or evaluation or human remains will be discovered during archaeological investigation. If such deposits are identified, further documentation and evaluation would need to occur under amendment. ICF shall anticipate one round of City review prior to submittal to DAHP. Draft 1 will be reviewed by the City. Draft 2 will be reviewed by DAHP. Final Technical Report will incorporate comments on Draft 2 from DAHP. Draft 1 HPIs shall be provided for track changes review in Microsoft Word format, final versions of HPIs shall be uploaded to WISAARD as well as included as PDFs in an appendix to the Draft 2 and Final report. City and DAHP’s comments on the draft cultural resources assessment report will be minor in nature, requiring no more than 4 hours of effort to be completed by OCI. Deliverable revisions assume no additional fieldwork or analysis will be required to fully address comments City Responsibilities: ICF may request archival documents or data on the dams from the City. This may include photos, original construction plans, GIS data, or other related archival materials pertaining to the dams planning and construction. Deliverables: 1. Preparation and submittal up to two HPI forms in electronic form to be included in the cultural resources assessment report appendices. 2. Draft and final cultural resources assessment report and associated figures and appendices in electronic format for each project. Task 800: Bid and Construction Support Services Objective: The objective of this task is to provide bid and construction support services to the City. Subtask 800.1: Bid Support Services Attend pre-bid meetings, answer bidder questions and evaluate substitution requests through City project manager and prepare addenda as necessary. Subtask to include: Preparation for and attendance of one (1) Pre-bid on site meeting Through City Project Manager, answer questions from Bidders, including substitution requests Prepare addenda Assumptions One (1) OCI staff member will prepare for and attend one (1) pre-bid on-site meeting. The City will evaluate bids Two (2) addenda will be necessary 17 | Page January 18, 2023 Two (2) digital meetings of 2 hours with 2 OCI staff Deliverables: 1. Communication log of phone/email communication regarding bidders’ questions 2. Written answers to questions from bidders in the form of Addenda to provide information clarification to bid documents. 3. Addenda Subtask 800.2: Construction Support Services OCIshall provide engineering services during construction, including: Review of submittals, Responses to RFIs Attend construction meetings as requested Develop design changes, as necessary Review change orders, as necessary Provide periodic site checks during clearing and grading, excavation, channel rough grading, final channel grading and installation of in-stream elements including rocks, logs and gravel. Provide on-site review of layout of plant materials prior to contractor installation Review and comment on contractor submittals including stream construction plan, bypass components, logs, bank stabilization systems, planting materials, geotextile materials, and temporary crossing structures Assumptions OCI site visits are assumed as ten (10) visits of four (4) hours each by one (1) OCI staff, including: construction meetings, as requested Punch list and final approval will not exceed 8 hours Field design required from unforeseen conflicts will not exceed 16 hours. 4 RFI’s are assumed Submittal review and approval is estimated at 8 submittals Construction will be six months Deliverables 1. Submittal review shall be documented in Microsoft Word 2. RFI responses shall be documented in Microsoft Word 3. Design changes shall consist of the following: a. Plans b. Specifications, if necessary c. Cost estimate 4. Change order comments, documented via email 18 | Page January 18, 2023 5. Punch List for OCIDesign Elements of the Project Subtask 800.3: Geotechnical Construction Support Services (Aspect Consulting) Objective: The objective of this task is to confirm assumptions made and conclusions reached in Subtask 200.4: Geotechnical Services. Aspect will provide as-requested construction support services. This will include review and response to three contractor RFI’s and/or submittals. It will include four half day site visits during construction to observe and evaluate construction access work, dam removals, and general site earthwork. Assumptions Deliverables 1. Responses to up to three RFI’s or Submittals, provided electronically 2. Field reports following each of up to four construction site visits. Task 900: Stakeholder Coordination and Public Outreach Objective: The objective of this task is to support coordination and outreach with project stakeholders including the public, Suquamish Tribe, and WDFW. Assumptions OCI will attend two (2) site visits with the Suquamish Tribe and WDFW. There will be one round of review for each of the deliverables listed below. Deliverables Suquamish Tribe and WDFW meetings Include agenda and minutes to be prepared by OCI (Draft and Final). City of Port Orchard Easement Acquisition Exhibit developed from 30% plan set (1 figure) Public Meetings Aerial Schematic (1 PDF figure) 30% Plan view (2 PDF figures, 1 per dam site) Conceptual sketch (1 PDF figure) 19 | Page January 18, 2023 AGENDA BILL CITY OF BREMERTON A4 CITY COUNCIL SUBJECT: Study Session Date: March 8, 2023 Purchase of a John Deere Backhoe, an COUNCIL MEETING Date: March 15, 2023 Elgin Street Sweeper, and a Toro Contour Department: PW&U Mower Presenter: Chris Mottner Phone: (360) 473-2316 SUMMARY: The approved 2023 Budget includes the replacement of a Backhoe and Street Sweeper. The approved 2022 Budget includes the replacement of a Contour Mower as described in the attached summaries. These vehicles will be purchased using the Source Well Contract. ATTACHMENTS: 1. Justification; 2. Vehicle Purchase List; 3. Quotes FISCAL IMPACTS (Include Budgeted Amount): $713,450.94 Both the backhoe and sweeper were included in the Vehicle Purchase list in the 2023 budget, in the amount of $500,500.00. The mower was included in the Vehicle Purchase list in the 2022 Budget in the amount of $81,753.00. The remaining purchase amount will be funded by the ERR Fund 510. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the purchase of a John Deere 320P backhoe, an Elgin Crosswind M-2 street sweeper and a Toro 4500 Mower in the amount of $713,450.94; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 AGENDA BILL CITY OF BREMERTON CITY COUNCIL A5 SUBJECT: Study Session Date: March 8, 2023 Contract Modification Agreement No. 2 COUNCIL MEETING Date: March 15, 2023 with Parametrix, Inc. for the Department: PW&U - Engineering Decommission Beach Sewer in Manette Presenter: Bill Davis (OF-4 to EB-2) Project Phone: (360) 473-2312 SUMMARY: Contract Modification Agreement No. 2 amends the Professional Services Agreement with Parametrix, Inc. for engineering services provided for the Decommission Beach Sewer in Manette (OF-4 to EB-2) Project. The contract is amended to include the following additional scope of work: 90 percent design review, design and permitting for improvements below the high tide line, cultural resources permitting and support, electrical design to include instrumentation and control sheets, and additional project management due to increased scope. The original contract amount was $412,208. The current contract amount, which was increased by Contract Modification No. 1, is $479,957. This current contract modification agreement increases the contract amount by $182,973 for an amended contract amount of $662,930. ATTACHMENTS: 1) Contract Modification Agreement No. 2 with Exhibits A, B, and C (3/7/23: Update made on last page of Exhibit C) FISCAL IMPACTS (Include Budgeted Amount): The project is included in the 2023 Wastewater CIP and is funded by an Ecology Clean Water State Revolving Fund Loan in the amount of $2,300,000. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to award Contract Modification Agreement No. 2 with Parametrix, Inc. for the project Decommission Beach Sewer in Manette (OF-4 to EB-2) in the amount of $182,973; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 CONTRACT MODIFICATION AGREEMENT NO. 2 BETWEEN THE CITY OF BREMERTON ANDPARAMETRIX, INC. PROJECT: Decommission Beach Sewer in Manette (OF-4 to -2) CONSULTANT: Parametrix, Inc. DATE: February 27, 2023 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE DecommissionBeach Sewer in Manette(OF-4to EB-2) AGREEMENT (the "Contract") entered into between the City ofBremerton andParametrix, Inc. on December 30, 2021 and asmodified by Contract Modification Agreement#1 on June 22, 2022. All provisions in the Contract shall remain in full force andeffect except as expressly modified by this document. For valuable consideration and by mutual consent of theparties, the modifications to the Contract areas follows: I. Section I.Scope, is modified as follows:See Amended Scope of Work attached as Exhibit A. Section II.Term, is modified as follows: The term of the contract is changed from December 31, 2023 to December 31, 2024. See Exhibit B for updated schedule. Section III. Compensation, is modified as follows: The original contract amount was $412,208. The current contract amount, including all previous amendments, is $479,957. The City shall pay the Consultant for the additional work described in Exhibit A, based on time and materials, an amount not to exceed $$182,973, for a total amended contract amount of $662,930, including this Contract Modification. See Exhibit C for fee breakdown. II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant’s claims for contract time and for all costs of any kind, including without limitation, costs of delaysrelated to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City’s right to bring a claim for past performance. Decommission Beach Sewer in Manette Page 1 of 2 February 2023 Contract Modification#2 with Parametrix The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. This document will become a supplement of the contract and all provisions will apply hereto. It isunderstood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract.In addition, Consultant warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modificationon the day and year first written above. City Engineer / Public Works Director approved to process_________________________(Initials and Date) CONSULTANTTHE CITY OF BREMERTON By: By: Print Name:Print Name: Its:Its: Date:Date: APPROVED AS TO FORM:ATTEST: By: By: KYLIE J. FINNELL,Bremerton City AttorneyANGELA HOOVER,City Clerk NOTICES TO BE SENT TO:NOTICES TO BE SENT TO: Attn: Cedar Simmons Attn: Angela Hoover Parametrix, Inc.City of Bremerton th 60 Washington Ave, Suite 390 345 6 Street, Suite 100 Bremerton, WA 98337 Bremerton, WA 98337-1891 R:\\Legal\\Legal\\Forms\\FORMS ON COBWEB\\Contract Modification Rev. 09 2021.docx Decommission Beach Sewer in Manette Page 2 of 2 February 2023 Contract Modification#2 with Parametrix EXHIBIT A SCOPE OF WORK for Decommission Beach Sewer in Manette February 23, 2023 Bremerton/Parametrix Decommission Beach Sewer in Manette February 2023 ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ EXHIBIT B SCHEDULEfor Decommission Beach Sewer in Manette The schedule has been updated to reflect the increase in contract time caused by cultural resources impacts, design modifications, and environmental permitting. Notice to ProceedJanuary 4, 2022 Alternatives Analysis30 days from NTP Design Completion October 2023 Permitting** 12 months from NTP Bidding Assistance3-month duration Anticipated start: October 1, 2023 Services During Construction 8-month duration Anticipated start: January 2024 Anticipated Construction CompletionSeptember 2024 Contract CompletionDecember 2024 ** Most permits will be obtained during the design period. The Nationwide Permit from the USACE Army Corp of Engineers may take up to 18 months or longer. Bremerton/ParametrixContract Modification #2 Decommission Beach Sewer in Manette February2023 AGENDA BILL CITY OF BREMERTON A6 CITY COUNCIL SUBJECT: Study Session Date: March 8, 2023 Ordinance to repeal and replace Section COUNCIL MEETING Date: March 15, 2023 9A.32.140 of the Bremerton Municipal Code Department: Legal currently Presenter: Kylie Finnell Phone: (360) 473-2345 SUMMARY: The current provisions of Section 9A.32.140 of the Bremerton Municipal Code relating to Cyberstalking are no longer in compliance with legal requirements. Additionally, there are various sections of RCW 9A.90 (the Washington Cybercrime Act) that are classified as gross misdemeanor crimes. The City Council desires to update or revise provisions relating to cyberstalking in order to bring Chapter 9A.32 of the Bremerton Municipal Code into compliance with updated state laws, as well as adopt the gross misdemeanor crimes and definitions contained within RCW 9A.90. ATTACHMENTS: Proposed Ordinance No. _____ FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve Ordinance No. _______ repealing and replacing Section 9A.32.140 of the Bremerton Municipal Code previously COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 INFORMATION ONLY ITEM CITY OF BREMERTON B5 CITY COUNCIL SUBJECT: Proposal to pursue new Study Session Date: March 8, 2023 language for Chapters 20.14 and Chapters 20.50 entitled Presenter: Council Member cMC Anna Mockler Phone: (360) 473-5280 SUMMARY: call for protecting critical areas. They call for preserving and increasing native vegetation, especially mature forest. Performance standards guide DCD review and approval of permit applications. These standards do not fully reflect the Intent of these Chapters. New language for performance standards would better fulfill our stewardship goals by . MOTION: Move to approve Council Member Anna Mockler working with Legal to draft new language for Chapter 20.14 (Sections 20.14.100-20.14.360) of the Bremerton Municipal Code and performance standards better reflect the Chapter's intent and reflect new language, and BMP and BAS at DOE, DNR, DFW; and for Chapter 20.50 of the and performance standards better reflect the Chapter's intent. FISCAL IMPACT: There is no known fiscal impact. HANDOUTS: 1) Project Description; 2) Our Stewardship Goals and Initiatives that Support Updates to BMC 20.14 and 20.50; 3) Full text of BMC Chapter 20.14; and 4) Full text of BMC Chapter 20.50. STUDY SESSION AGENDA: Brief Presentation Form Created 5/4/15 twhW9/ 59{/wLtLhb Scope of Work: Review and update BMC Chapter 20.14 (Sections 20.14.100-20.14.360) and Chapter 20.50. Note documents described in Resources, below. Write new language that better reflects the Intent of each Chapter, and Stewardship Goals, and updates arcane language. Work with Legal to determine legality of all new language. Bring to Council for their review and approval. Resources: Language from neighboring m and BAS (Best Available Science) of DOE (WA Dept of Ecology), DNR (WA Dept of Natural Resources), DFW (WA Dept of Fish & Wildlife), and WA NPS (WA Native Plant Society). Examples of Possible Changes: H critical area report for wetlands shall be prepared by a qualified professional who is a certified professional wetland scientist or a noncertified professional wetland scientist with a minimum of five (5) years experience in This change reflects current norms for wetland scientists, which require certification by the Society of Wetland Scientists, at least. This was less common in the past. Here is part of the text of Chap. 20.50New plant materials shall consist of ƓğƷźǝĻ drought-resistant species, or other ƓğƷźǝĻ species that are irrigated per the provisions of BMC 20.50.060(b)(4) or located in high moisture content soils. Plant material selection shall be consistent with the ƓğƷźǝĻ ƦƌğƓƷ list maintained by \[local or regional authority from Resources, above\] the American Association of Nurserymen (AAN). The American Assoc.of Nurserymen no longer exists. It merged in 2014 into AmericanHort, (https://www.americanhort.org/about-us/). Its plant list appears to include tens of thousands of plants from all over the world. Restricting plant selection to plants documented by experts as native to our region reflects the intent of the Chapter. Qualifications: Councilor Anna Mockler was a Professional Wetland Scientist certified by Society of Wetland Scientists. She is the principal author of Results of Wetland Mitigation Monitoring, which changed WA wetland mitigation standards in the 1990s and 2000s. She worked for King County Dept of Development and development and mitigation for wetlands and other critical areas. She was on retainer as wetland consultant to ate Wetland Mitigation Evaluation Study, Phase I: Compliance (2000). Assessment: This project will rely solely on resources that have survived extensive peer review. All changes will be supported by evidence before submitting to Council for its approval. Review and changes to Chapter 20.14. beyond 20.14.360 are outside the scope of this project due to lack of deep expertise in: Aquifer Recharge, Hydrogeologic Assessment, Geologically Hazardous Areas, Fish and Wildlife Habitat Conservation Areas. hǒƩ {ƷĻǞğƩķƭŷźƦ Dƚğƌƭ ğƓķ LƓźƷźğƷźǝĻƭŷğƷ {ǒƦƦƚƩƷ ƦķğƷĻƭ Ʒƚ .a/ ЋЉ͵ЊЍğƓķ ЋЉ͵ЎЉ /ƚǒƓĭźƌ Dƚğƌƭ ε tƩźƚƩźƷźĻƭ ЋЉЋЌʹ Develop policies that encourage environmental stewardship. /źƷǤ ƚŅ .ƩĻƒĻƩƷƚƓ {ƷƩğƷĻŭźĭ tƩźƚƩźƷźĻƭ ğƓķ LƓźƷźğƷźǝĻƭ: Open Spaces, Natural Areas, and Parks that Maximize the Natural Environment and Promote Community Pride. Bremerton citizens will benefit from an open-space system that increases the amount of green space and complements habitat protection goals, public safety concerns, and recreational needs. City-owned properties will be well maintained and strategically incorporated into this system. (p.19, 2023 Annual Budget) .ƩĻƒĻƩƷƚƓ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓʹ 9\[9a9b {99b 9bLwhba9b Λ{ƚƒĻ źƒƦƌĻƒĻƓƷğƷźƚƓ ƦƚƌźĭźĻƭ ƚƒźƷƷĻķ ğƭ źƩƩĻƌĻǝğƓƷ Ʒƚ Ʒŷźƭ ƭǒĬƒźƷƷğƌͲ Ļ͵ŭ͵Ͳ Dƚğƌ9ЋΛIΜͲ \[źŭŷƷ tƚƌƌǒƷźƚƓ Dƚğƌ 9Њʹ {ƷĻǞğƩķƭŷźƦʹ Provide stewardship by considering long-range implications of City policies on the environment, to conduct City operations in a manner that protects the environment, and to provide education on how the City, its businesses, and residents can improve the quality of the environment. Implementing Policies for Goal E1: E1(L): Use Best Available Science to preserve and enhance the functions and values of critical areas through policies, regulations, programs and incentives. Dƚğƌ 9Ћʹ 9ğƩƷŷʹ Preserve and enhance vegetation and earth resources. Implementing Policies for Goal E2: directing intense development away from critical areas and soils with good infiltration potential for stormwater management. E2(B): Encourage conservation of critical areas and nonrenewable resources. E2(C): Ensure that development review includes evaluating potential negative impacts on habitat and avoids impacts, including off-site impacts. For those circumstances where avoidance is not possible and if mitigation is determined to be necessary, a detailed description should be considered related to what efforts were taken to avoid impact to the extent possible. E2(D): Preserve the integrity of riparian corridors and steep slopes through the preservation of native plants and the replacement of invasive, non-native plants with native and drought tolerant plants. E2(E): Preserve and enhance trees, native vegetation, and integrate suitable native plants in urban landscape development. consideration potential conflicts, such as sidewalks and overhead utilities. E2(G): During development review strive to preserve existing healthy and safe trees on private, commercial, and public property. E2(I): Manage the City Utility Lands for multiple purposes including protecting water processes and forest habitat. E2(I): Limit clearing, grading and soil disturbance outside of the building footprint or newly developed residential and commercial sites, especially those sites with sensitive features. Reduce compaction and restore infiltration capacity on already cleared sites whenever feasible. Dƚğƌ 9Ќʹ ‘ğƷĻƩʹ Protect water resources for present and future generations. Implementing Policies for Goal E3: E3(A): Preserve and protect fish and wildlife habitat conservation areas through regulation, acquisitions, incentives, and other techniques, including considering regional initiatives such as the Chico Creek basin project and other salmon recovery plans. E3(B): Preserve and protect natural surface water storage sites, such as wetlands, aquifers, streams, and water bodies as these are critical features that regulate surface flows and recharge groundwater. E3(C): Participate in regional species protection efforts, including salmon habitat enhancement and restoration. Identify, prioritize, and eliminate physical barriers and other impediments to anadromous fish spawning and rearing habitat. E3(D): Manage aquatic and riparian habitats to preserve and enhance their natural functions and processes, which provide fish and wildlife habitat and protect water quality. E3(E): Conserve and protect groundwater resources, headwater wetlands and priority habitat areas. E3(K): Incorporate findings and science from joint watershed planning efforts. Home Previous Next Chapter 20.14 CRITICAL AREAS Sections: 20.14.100 GENERAL PROVISIONS. 20.14.110 PURPOSE. 20.14.115 INTENT. 20.14.120 SCOPE AND APPLICABILITY. 20.14.125 RELATIONSHIP TO OTHER REGULATIONS. 20.14.130 ADMINISTRATION AND PROCEDURES. 20.14.140 APPEALS. 20.14.145 EXEMPTIONS. 20.14.150 PUBLIC AGENCY EXCEPTION. 20.14.155 REASONABLE USE EXCEPTION. 20.14.160 NONCONFORMING USES/STRUCTURES. 20.14.165 BONDS. 20.14.170 ENFORCEMENT. 20.14.175 VIOLATION - PENALTY. 20.14.180 SEVERABILITY. 20.14.190 TREE REMOVAL. 20.14.200 DEFINITIONS. 20.14.300 WETLANDS. 20.14.310 DESCRIPTION AND PURPOSE. 20.14.320 CLASSIFICATION AND DESIGNATION. 20.14.330 DEVELOPMENT STANDARDS - WETLANDS. 20.14.340 MITIGATION REQUIREMENTS - WETLANDS. 20.14.350 PERFORMANCE STANDARDS - SUBDIVISIONS. 20.14.360 WETLAND REPORT. 20.14.400 CRITICAL AQUIFER RECHARGE AREAS. 20.14.410 DESCRIPTION AND PURPOSE. 20.14.420 CLASSIFICATION AND DESIGNATION. 20.14.430 DEVELOPMENT STANDARDS. 20.14.440 ALLOWED USES WITH PERFORMANCE STANDARDS. 20.14.450 HYDROGEOLOGIC ASSESSMENT. 20.14.500 FREQUENTLY FLOODED AREAS. 20.14.510 DESCRIPTION AND PURPOSE. 20.14.520 CLASSIFICATION AND DESIGNATION. 20.14.530 DEVELOPMENT STANDARDS. 20.14.600 GEOLOGICALLY HAZARDOUS AREAS. 20.14.610 PURPOSE. 20.14.620 CLASSIFICATION. 20.14.630 DEVELOPMENT STANDARDS. 20.14.650 MITIGATION, PERFORMANCE STANDARDS AND REQUIREMENTS. 20.14.660 SPECIAL REPORTS. 20.14.700 FISH AND WILDLIFE HABITAT CONSERVATION AREAS. 20.14.710 DESCRIPTION AND PURPOSE. 20.14.720 CLASSIFICATION AND DESIGNATION OF FISH AND WILDLIFE HABITAT CONSERVATION AREAS. 20.14.730 DEVELOPMENT STANDARDS. 20.14.740 SPECIAL REPORTS. 20.14.750 MITIGATION STANDARDS AND CRITERIA. 20.14.760 MONITORING AND CONTINGENCY PLAN. 20.14.100 GENERAL PROVISIONS. BMC 20.14.100 through 20.14.175 are general provisions pertaining to critical areas. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.110 PURPOSE. The purpose of this chapter is to protect the public health, safety, and welfare by establishing provisions standards for development in association with these areas. The identification and protection of critical areas is required by the Washington State Growth Management Act of 1990 (Chapter 17, Laws of 1990). (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.115 INTENT. Critical areas include wetlands, critical aquifer recharge areas, frequently flooded areas, geologically hazardous areas, and fish and wildlife habitat conservation areas. The intent of this chapter is to preserve the beneficial functions and values of critical areas, and to minimize potential dangers or public costs associated with the inappropriate use of such areas, and to manage development in or adjacent to critical areas. This chapter contains classification criteria and preservation standards for each type of critical area. Classification criteria identify physical characteristics by which critical areas are designated. Preservation standards protect critical areas from degradation caused by improper development. These criteria and standards will secure the public health, safety and welfare by: (a) Reducing risk of damage due to erosion, flooding, and landslides; (b) Reducing the risks to the public from personal injury, loss of life, or property damage; (c) Maintaining surface water quality and protecting groundwater areas which help recharge (purify or resupply) rivers, streams, and aquifers; (d) Maintaining and protecting priority fish and wildlife habitats; (e) Maintaining and protecting the habitat of threatened and endangered wildlife species; (f) Avoiding public expenditures to correct damaged or degraded critical ecosystems; (g) Alerting appraisers, assessors, owners, potential buyers, or lessees to the potential presence of a critical ecosystem and possible development limitations; (h) Providing flexibility and attention to site-specific characteristics when administering code, allowing for reasonable use of private property and the provision of public facilities and services necessary to support existing development; (i) Applying the best available science, as determined according to WAC 365-195-900 through 365- 195-925; and the Washington State Growth Management Act. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.120 SCOPE AND APPLICABILITY. (a) General. This chapter applies to any public or private activity or action which would alter the condition of any land, water or vegetation, or construct or alter any structure or improvement regulated by this title, on any land which meets the classification standards for any critical area defined herein. Such activities or actions include, but are not limited to: (1) Building, demolition, clearing, grubbing, grading, filling; (2) Subdivisions and short plats; (3) Reclassifications, site plan approvals, shoreline substantial development permits, and special and conditional use permits; (4) Temporary use permits, variances, exceptions and waivers. (b) Where one (1) site is classified as containing two (2) or more critical areas, the project shall meet the minimum standards and requirements for each identified critical area as set forth in this chapter. (c) Mapping. Critical areas may be located through the use of any and all information from the United States Department of Agriculture, Department of Fish and Wildlife, National Resources Conservation Service, the United States Geological Survey, the Washington Department of Ecology, the Coastal Zone Atlas, the National Wetlands Inventory maps, Bremerton topography maps, the Kitsap County Generalized Wetland and Critical Areas Inventory maps, Kitsap Public Utilities District maps, and ographical Information Systems (GIS) data provided by Kitsap County. The above-listed maps and data sources are only guidelines available for reference. The actual location of critical areas must be determined on a site-by-site basis according to the classification criteria found in this chapter. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.125 RELATIONSHIP TO OTHER REGULATIONS. Applications for permits and approvals are subject to the provisions of this chapter as well as to other provisions of state and City law, including all other chapters of BMC Title 20, Land Use Code. Where this chapter imposes greater restrictions than existing regulations, easements, covenants or deed restrictions, the provisions of this chapter shall prevail. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.130 ADMINISTRATION AND PROCEDURES. The requirements and criteria of this chapter shall be applied at the time of application for any development proposal, land use project or nonproject action requiring permit approval subject to the BMC. The requirements and criteria of this chapter shall be applied in conjunction with review for permits required by other chapters of the BMC. Procedures specifically related to the application of this chapter are as follows: (a) Project Permits. The procedures as set forth in Chapter 20.02 BMC, Project Permits, shall apply unless modified by this chapter. (b) Presubmittal Conference. Any applicant intending to construct, grade or conduct any activity subject to this chapter in a critical area or its buffer is encouraged to schedule a presubmittal conference during the earliest possible stages of project planning to discuss impact avoidance before large commitments have been made to a particular project design. Effort put into presubmittal conferences and planning will help applicants create projects which will be more quickly and easily processed. (c) Burden of Proof. Applications for any proposal subject to this chapter shall be reviewed by the Department of Community Development for completeness and consistency with this chapter. At every stage, the burden of proof demonstrating that any proposed development is consistent with this title is upon the applicant. (d) Special Reports. When a critical area is on site, or the Department of Community Development determines a likelihood that a critical area is on site, the Department may require submittal of additional special reports and studies prepared by qualified specialists to make an assessment or delineation of the critical area. Sections of this chapter include detailed procedures for preparation of special reports. (e) Site Plan. Applications for any proposal subject to this chapter shall include a site plan drawn to scale identifying locations of critical areas in addition to proposed structures and activities. Site plan submittal shall meet the standards of BMC 20.58.080, Site Plan Review. (f) Conditions. The Director may attach any conditions deemed necessary to minimize or avoid impacts to any critical area in order to meet the requirements and intent of this chapter. Development may be prohibited in a proposed site based on criteria set forth in this chapter. (g) Notice to Title and Hold Harmless. The owner of any property upon which approval under BMC Title 20, or BMC Title 17, is sought, with a critical area or critical area buffer verified on site through an assessment delineation or permit application, shall record a "Notice to Title" of the presence of the critical area and/or buffer with the Kitsap County Auditor when required by the Department. The Department may require recording of a "Notice to Title and Hold Harmless" in cases where a site- specific critical area could pose potential threats to safety or property if altered through future acts. Said document shall also serve as a hold harmless and covenant holding the City harmless from claims due to soil disturbances or any development on the property in conjunction with issuance of development permits by the City. The notice shall be notarized and the applicant must submit proof that the notice has been legally recorded before the final approval for development is issued. (h) Time Limit. The approvals granted under this chapter shall be valid for the same time period as the underlying permit (e.g., preliminary plat, building permit, etc.). If the underlying permit does not contain a specified expiration date, then approvals granted under this title shall be valid for a period of three (3) years from the date of issue, unless a longer or shorter period is specified by the Department. (i) Activities Not Requiring a Permit. If an activity is subject to this chapter per BMC 20.14.120 but is not subject to any established City permit, the proponent shall obtain written authorization from the Department prior to commencement to ensure compliance with the chapter. (j) Modifications and Reductions. Modifications or reductions to critical areas buffers, setbacks, or other standards through a site-specific or special report shall be processed as a Type I (for applications where the underlying permit does not require SEPA) or Type II (for applications where the underlying permit requires SEPA) decision per BMC 20.02.040, Table 040. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.140 APPEALS. An appeal of a decision regarding a critical area may be made in accordance with BMC 20.02.140. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.145 EXEMPTIONS. An exemption means that an activity is fully exempt from critical areas review, and not subject to the provisions of this chapter. The proponent of the activity may submit a written request for exemption to the Director that describes the activity and states the exemption listed in this section that applies. The Director shall review the request to verify that it complies with this chapter and approve or deny the exemption as a Type I administrative determination. All exempted activities shall use best management practices to the greatest possible extent to avoid potential impacts to critical areas. The following developments, activities and associated uses shall be exempt: (a) Emergencies. Emergency activities are those activities necessary to prevent an immediate threat to public health, safety or welfare, or that pose an immediate risk of damage to property and that require remedial or preventative action in a short time frame. The person or agency undertaking such action shall notify the Department, and the Director shall determine if the action taken is within the scope of the emergency action allowed in this section. After the emergency, the person or agency shall fully restore and/or mitigate any impacts to the critical areas and buffers resulting from the action in accordance with an approved critical area report and mitigation plan. (b) Operation Maintenance or Repair. Operation maintenance or repair of existing structures not requiring permits, if the activity does not further alter or increase the impact to critical areas or their buffers. (c) Passive Outdoor Activities. Recreation, education, and scientific research activities that do not degrade the critical area. (d) Forest Practices. Forest practices regulated and conducted in accordance with the provisions of Chapter 76.09 RCW and forest practices regulations, WAC Title 222. (e) Existing Infrastructure Maintenance and Repair. Maintenance and repair of legally existing roads, utilities, infrastructure and associated facilities. (f) Activities Within the Improved Right-of-Way. Construction of new utility facilities, improvements or upgrades to existing utility facilities that take place within existing improved rights-of-way or existing impervious surfaces that do not increase the amount of impervious surface. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.150 PUBLIC AGENCY EXCEPTION. An exception means that an activity may receive special consideration and relief from certain provisions of this chapter, but the activity is subject to the chapter, and must undergo full critical areas review. Public agencies may make an application for exception to the Department for construction of items such as new roads, utilities, infrastructure and associated facilities. The application shall include critical area identification; critical area report, including mitigation plan if necessary; and any other related project documents such as environmental documents pursuant to SEPA, Chapter 43.21C RCW. The decision whether to grant the public agency utility exception shall be processed as a Type III Hearing Examiner decision per Chapter 20.02 BMC pursuant to the following review criteria: (a) There is no other practical alternative to the proposed development with less impact on the critical areas; and (b) The application of this chapter would unreasonably restrict the ability to provide utility services to the public. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.155 REASONABLE USE EXCEPTION. An exception means that an activity may receive special consideration and relief from certain provisions of this chapter, but the activity is subject to the chapter, and must undergo full critical areas review. An applicant may apply for a reasonable use exception if it can be demonstrated that application of this chapter would deny all reasonable use of the subject property. The application shall include critical areas identification; critical areas report including mitigation plan, if necessary; and any other related project documents such as environmental documents and special studies. The decision whether to grant the reasonable use exception shall be processed as a Type III Hearing Examiner decision per BMC 20.02.110 pursuant to the following review criteria: (a) The application of this chapter would deny all reasonable use of the property; (b) No other reasonable use of the property has less impact on the critical area; (c) Any alteration is the minimum necessary to allow for reasonable use of the property; and (d) The inability of the applicant to derive reasonable use of the property is not the result of actions by the applicant after the effective date of this title or its predecessor. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.160 NONCONFORMING USES/STRUCTURES. An established use or existing structure that was lawfully permitted prior to the adoption of this chapter, but which is not in compliance with this chapter, may continue subject to the provisions of Chapter 20.54 BMC. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.165 BONDS. All bonds and acceptable securities guaranteeing compliance with this chapter shall be set in the amount of one hundred fifty (150) percent of the average expected value of the project. The value of the bond shall be based on the average of three (3) contract bids that establish all costs of compensation, including costs relative to performance, monitoring, maintenance, and provision for contingency plans. (a) Performance Bonds. Except for public agencies, applicants receiving a permit are required to post a cash performance bond or other acceptable security to guarantee compliance with this chapter prior to beginning any site work. The surety shall guarantee that work and materials used in construction are free from defects. All bonds shall be approved by the City Attorney. The surety or bonds cannot be terminated or canceled without written approval. The Director shall release the bond after documented proof that all structures and improvements have been shown to meet the requirements of this chapter and that a maintenance bond has been posted, if required. (b) Maintenance Bonds. Except for public agencies, an applicant shall be required to post a cash maintenance bond or other acceptable security guaranteeing that structures and improvements required by this chapter will perform satisfactorily for a minimum of three (3) years after they have been constructed and approved. All bonds shall be on a form approved by the City Attorney. Without written release, the bond cannot be canceled or terminated. The Director shall release the bond after determination that the performance standards established for measuring the effectiveness and success of the project have been met. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.170 ENFORCEMENT. (a) No regulated activity, as defined in BMC 20.14.200, shall be conducted without a permit and without full compliance with this chapter. All activities not allowed or conditionally approved shall be prohibited. (b) The Director shall have authority to enforce this chapter, issue delineation verifications, permits, and violation notices, and process violations through the use of administrative orders and/or civil and criminal actions as provided for herein, and as listed in BMC 20.40.180. (c) In the event of violation, the City shall have the authority to order restoration, enhancement, or creation measures to compensate for the destroyed or degraded critical area. If work is not completed in a reasonable time following the order, the City may implement a process to restore or enhance the affected site. This includes creation of new wetlands or streams to offset loss as a result of violation of the provisions in this chapter. The violator shall be liable for all costs of such action, including administrative costs. (d) Failure to comply with an administrative order of the Director under this section shall constitute a violation subject to enforcement pursuant to this section. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.175 VIOLATION - PENALTY. (a) Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement and/or enforcement may be required as provided therein. (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2). Each day, or a portion thereof, during which a violation occurs shall constitute a separate violation. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.180 SEVERABILITY. If any clause, sentence, paragraph, section, or part of this chapter or the application thereof to any person or circumstances shall be adjudged by any court of competent jurisdiction to be invalid, such order or judgment shall be confined in its operation to the controversy in which it was rendered and shall not affect or invalidate the remainder of any part thereof to any other person or circumstances, and to this end, the provisions of each clause, sentence, paragraph, section or part of this chapter are hereby declared to be severable. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.190 TREE REMOVAL. Trees and other vegetation are important elements of the physical environment, especially those located within or near critical areas. This section addresses removing trees within critical areas or their associated buffers. Removal of trees within geological hazardous area shall also comply with BMC 20.14.630(e) and (f). (a) Elimination of Danger Trees. Removal of danger trees within the critical area or associated buffers may be allowed only if such activity is approved by the Department, provided a certified arborist in the State of Washington makes a written determination that the trees proposed for elimination present a legitimate safety hazard. (b) Tree Replacement. Trees removed from the critical area or associated buffers, including danger trees, must comply with the following provisions: (1) Removal of trees greater than six (6) inches in diameter at four (4) feet in height shall be replaced at a ratio of three to one (3:1) with native species and shall be a minimum of six (6) feet in height at the time of planting for both evergreen and deciduous trees. Replacements shall be located within an on-site required critical area buffer. Replacement trees shall be spaced appropriately for the species type or as specified in a critical area report. In the case of a danger tree being removed, the danger tree may be removed and replaced with a three to one (3:1) ratio of a native tree that is known to enhance the critical area in which it is located without a critical area report. The Director or his or her designee may grant some or all replacement locations outside a critical area buffer at a nearby location, where no feasible alternative exists. (2) Shoreline Jurisdiction. Properties located additional tree removal and replacement standards if the tree(s) to be removed are located within the required shoreline buffer. See Shoreline Master Program Section 7.020 for additional standards. (Ord. 5418 §2, 2021; Ord. 5301 §3 (Exh. B) (part), 2016) 20.14.200 DEFINITIONS. Words not defined in this title shall be as defined in the Bremerton Municipal Code, the Washington Administrative Code, or the Revised Code of Washington. Words not found in either code shall be as "Active fault" means a fault that is considered likely to undergo renewed movement within a period of concern to humans. Faults are commonly considered to be active if the fault has moved one (1) or more times in the last ten thousand (10,000) years, but faults may also be considered active in some cases if movement has occurred in the last five hundred thousand (500,000) years. "Adaptive management" relies on scientific methods to evaluate how well regulatory and nonregulatory actions protect the critical area. An adaptive management program is a formal and deliberate scientific approach to taking action and obtaining information in the face of uncertainty. "Adjacent," for the purposes of this chapter, means immediately adjoining (in contact with the boundary of the influence area) or within a distance that is less than that needed to separate activities from critical areas to ensure protection of the functions and values of the critical areas. "Adjacent" shall mean any activity or development located: A. On a site immediately adjoining a critical area; B. A distance equal to or less than the required critical area buffer width and building setback; C. A distance equal to or less than three hundred (300) feet upland from a stream, wetland, or water body; D. Bordering or within the floodway, floodplain, or channel migration zone; or E. A distance equal to or less than two hundred (200) feet from a critical aquifer recharge area. "Advance mitigation" means mitigation of an anticipated critical area impact or hazard completed according to an approved critical area report and prior to site development. "Agricultural land" means land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, or livestock, and/or that has been designated as long-term commercial significance for agricultural production. "Alluvial fan flooding" means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. "Alteration" means any human-induced change in an existing condition of a critical area or its buffer. Alterations include, but are not limited to, clearing, grubbing, grading, filling, channelizing, dredging, clearing (vegetation), construction, compaction, excavation, or any other activity that changes the character of the critical area. "Anadromous fish" means fish that spawn and rear in freshwater and mature in the marine environment. While Pacific salmon die after their first spawning, adult char (bull trout) can live for many years, moving in and out of saltwater and spawning each year. The life history of Pacific salmon and char contains critical periods of time when these fish are more susceptible to environmental and physical damage than at other times. The life history of salmon, for example, contains the following stages: upstream migration of adults, spawning, inter-gravel incubation, rearing, smoltification (the time period needed for juveniles to adjust their body functions to live in the marine environment), downstream migration, and ocean rearing to adults. "Applicant" means a person who files an application for permit under this title and who is either the owner of the land on which that proposed activity would be located, a contract purchaser, or the authorized agent of such a person. "Aquifer" means a geological formation, group of formations, or part of a formation that is capable of yielding a significant amount of water to a well or spring. "Aquifer, confined" means an aquifer bounded above and below by beds of distinctly lower permeability than that of the aquifer itself and that contains groundwater under sufficient pressure for the water to rise above the top of the aquifer. "Aquifer recharge areas" means areas that, due to the presence of certain soils, geology, and surface water, act to recharge groundwater by percolation. "Aquifer, sole source" means an area designated by the U.S. Environmental Protection Agency under the Safe Drinking Water Act of 1974, Section 1424(e). The aquifer(s) must supply fifty (50) percent or more of the drinking water for an area without a sufficient replacement available. "Aquifer susceptibility" means the ease with which contaminants can move from the land surface to the aquifer based solely on the types of surface and subsurface materials in the area. Susceptibility usually defines the rate at which a contaminant will reach an aquifer unimpeded by chemical interactions with the vadose zone media. "Aquifer, unconfined" means an aquifer not bounded above by a bed of distinctly lower permeability than that of the aquifer itself and containing groundwater under pressure approximately equal to that of the atmosphere. This term is synonymous with the term "water table aquifer." "Area of shallow flooding" means an area designated AO or AH Zone on the flood insurance map(s). The base flood depths range from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding. "Associated wetlands" means those wetlands which are in proximity to and either influence or are influenced by tidal waters or a lake or stream subject to the Shoreline Management Act. "Base flood" means a flood event having a one (1) percent chance of being equaled or exceeded in any given year, also referred to as the one hundred (100) year flood. Designations of base flood areas on flood insurance map(s) always include the letters A or V. "Basement" means any area of the building having its floor below ground level on all sides. "Best available science" means current scientific information used in the process to designate, protect, or restore critical areas, which is derived from a valid scientific process as defined by WAC 365-195-900 through 365-195-925. Sources of the best available science are included in "Citations of Recommended Sources of Best Available Science for Designating and Protecting Critical Areas" published by the Washington State Department of Community, Trade and Economic Development. "Best management practices (BMPs)" means conservation practices or systems of practices and management measures that: A. Control soil loss and reduce water quality degradation caused by high concentrations of nutrients, animal waste, toxics, and sediment; B. Minimize adverse impacts to surface water and groundwater flow and circulation patterns and to the chemical, physical, and biological characteristics of wetlands; C. Protect trees and vegetation designated to be retained during and following site construction and use native plant species appropriate to the site for revegetation of disturbed areas; and D. Provide standards for proper use of chemical herbicides within critical areas. The City shall monitor the application of best management practices to ensure that the standards and policies of this title are adhered to. "Biodiversity" means the variety of animal and plant life and its ecological processes and interconnections represented by the richness of ecological systems and the life that depends on them, including human life and economies. "Breakaway wall" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system. "Buffer" or "buffer zone" means an area that is contiguous to and protects a critical area which is required for the continued maintenance, functioning, and/or structural stability of a critical area. "Channel migration zone (CMZ)" means the lateral extent of likely movement along a stream or river during the next one hundred (100) years as determined by evidence of active stream channel movement over the past one hundred (100) years. Evidence of active movement over the one hundred (100) year time frame can be inferred from aerial photos or from specific channel and valley bottom characteristics. The time span typically represents the time it takes to grow mature trees that can provide functional large woody debris to streams. A CMZ is not typically present if the valley width is generally less than two (2) bankfull widths, if the stream or river is confined by terraces, no current or historical aerial photographic evidence exists of significant channel movement, and there is no field evidence of secondary channels with recent scour from stream flow or progressive bank erosion at meander bends. Areas separated from the active channel by legally existing artificial channel constraints that limit bank erosion and channel avulsion without hydraulic connections shall not be considered within the CMZ. "Clearing" means the removal of noninvasive surface vegetation including, but not limited to, brush, shrubs, natural grasses, and trees. Removal of surface vegetation in quantities greater than the minimum necessary to maintain a well-functioning natural habitat constitutes clearing. For the purposes of this chapter, activities described in BMC 20.14.630(f), Vegetation Thinning, constitute clearing. "Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the flood insurance map(s) as Zone V1- 30, VE, or V. "Compensation project" means actions necessary to replace project-induced critical area and buffer losses, including land acquisition, planning, construction plans, monitoring, and contingency actions. "Compensatory mitigation" means replacing project-induced losses or impacts to a critical area, and includes, but is not limited to, the following: A. "Creation" means actions performed to intentionally establish a critical area such as a wetland at a site where it did not formerly exist. B. "Enhancement" means actions performed to improve the condition of existing degraded critical areas such as a wetland so that the functions they provide are of a higher quality. C. "Preservation" means actions taken to ensure the permanent protection of existing, high-quality critical areas such as wetlands. D. "Restoration" means actions performed to reestablish critical areas functional characteristics and processes that have been lost by alterations, activities, or catastrophic events within an area that no longer meets the definition of a wetland. "Conservation easement" means a legal agreement that the property owner enters into to restrict uses of the land. Such restrictions can include, but are not limited to, passive recreation uses such as trails or scientific uses and fences or other barriers to protect habitat. The easement is recorded on a property deed, runs with the land, and is legally binding on all present and future owners of the property, therefore providing permanent or long-term protection. "Critical aquifer recharge area" means areas determined to have a critical recharging effect on aquifers used for potable water as classified per BMC 20.14.420. "Critical area tract" means land held in private ownership and retained in an open condition in perpetuity for the protection of critical areas. Lands within this type of dedication may include, but are not limited to, portions and combinations of forest habitats, grasslands, shrub steppes, on-site watersheds, one hundred (100) year floodplains, shorelines or shorelines of statewide significance, riparian areas, and wetlands. "Critical areas" include any of the following areas or ecosystems: aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas, geologically hazardous areas, and wetlands, as defined in Chapter 36.70A RCW and this title. "Critical facility" means a facility for which even a slight chance of flooding, inundation, or impact from a hazard event might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, and installations that produce, use, or store hazardous materials or hazardous waste. "Critical species" means all animal and plant species listed by the state or federal government as threatened or endangered. "Cumulative impacts or effects" means the combined, incremental effects of human activity on ecological or critical areas functions and values. Cumulative impacts result when the effects of an action are added to or interact with other effects in a particular place and within a particular time. It is the combination of these effects, and any resulting environmental degradation, that should be the focus of cumulative impact analysis and changes to policies and permitting decisions. "Danger tree" means a tree that is dead, or is so affected by a significant structural defect or disease that falling or failure appears imminent, or a tree that impedes safe vision or traffic flow, or that otherwise currently poses a threat to life or property. Department. Unless otherwise noted, "Department" is defined as the City of Bremerton Department of Community Development. "Developable area" means a site or portion of a site that may be utilized as the location of development, in accordance with the rules of this title. "Development" means any activity upon the land consisting of construction or alteration of structures, earth movement, dredging, dumping, grading, filling, mining, removal of any sand, gravel, or minerals, driving of piles, drilling operations, bulkheading, clearing of vegetation, or other land disturbance. Development includes the storage or use of equipment or materials inconsistent with the existing use. Development also includes approvals issued by the City that bind land to specific patterns of use including, but not limited to, subdivisions, short subdivisions, zone changes, conditional use permits, and binding site plans. Development activity does not include the following activities: A. Interior building improvements. B. Exterior structure maintenance activities, including painting and roofing. C. Routine landscape maintenance of established, ornamental landscaping, such as lawn mowing, pruning, and weeding. D. Maintenance of the following existing facilities that does not expand the affected area: septic tanks (routine cleaning); wells; individual utility service connections; and individual cemetery plots in established and approved cemeteries. "Development permit" means any permit issued by the City, or other authorized agency, for construction, land use, or the alteration of land. "Director" means the Director of the Bremerton Department of Community Development or other responsible official, or other City staff granted the authority to act on behalf of the Director. "Elevated building" means a building that has no basement and its lowest elevated floor is raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. "Emergent wetland" means a wetland with at least thirty (30) percent of the surface area covered by erect, rooted, herbaceous vegetation extending above the water surface as the uppermost vegetative strata. "Erosion" means the process whereby wind, rain, water, and other natural agents mobilize and transport particles. "Exotic" means any species of plants or animals which are foreign to the planning area. "Fish and wildlife habitat conservation areas" means areas necessary for maintaining species in suitable habitats within their natural geographic distribution so that the habitat available is sufficient to support viable populations over the long term, and isolated subpopulations are not created as designated by WAC 365-190-130. These areas include: A. Areas with which state or federally designated endangered, threatened, and sensitive species have a primary association; B. Priority habitat species and species of local importance including, but not limited to, areas designated as priority habitat by the Washington Department of Fish and Wildlife; C. Streams and watercourses used by juvenile salmonids, and habitat of species essential to the juvenile salmonid diet; D. Commercial and recreational shellfish areas; E. Kelp, eelgrass beds, herring, smelt, sandlance and other forage fish spawning habitat; F. Naturally occurring ponds under twenty (20) acres and their submerged aquatic beds that provide fish or wildlife habitat, including those artificial ponds intentionally created from dry areas in order to mitigate impacts to ponds; G. Waters of the state, including lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and watercourses within the jurisdiction of the State of Washington; H. Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity; I. State natural area preserves and natural resource conservation areas; and J. Land essential for preserving connections between habitat blocks and open spaces. "Fish habitat" means habitat that is used by fish at any life stage at any time of the year, including potential habitat likely to be used by fish that could be recovered by restoration or management and includes off-channel habitat. "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters and/or the unusual and rapid accumulation of runoff of surface waters from any source. "Flood insurance map" means the official map on which the Federal Insurance Administration has delineated the areas of special flood hazards and includes the risk premium zones applicable to the community. Also known as "flood insurance rate map" or "FIRM." "Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood. "Flood protection elevation" means the elevation that is one (1) foot above the base flood elevation. "Flood-resistant material" means materials designed to be resistant to the impacts associated with Bulletin No. 2-93, 1993, and FEMA publication FEMA-348, Protecting Building Utilities from Flood Damage. "Floodplain" means the total land area adjoining a river, stream, watercourse, or lake subject to inundation by the base flood. "Floodway" means the channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the surface water elevation more than one (1) foot. Also known as the "zero rise floodway." "Forested wetland" means a wetland with at least thirty (30) percent of the surface area covered by woody vegetation greater than twenty (20) feet in height that is at least partially rooted within the wetland. "Formation" means an assemblage of earth materials grouped together into a unit that is convenient for description or mapping. "Formation, confining" means the relatively impermeable formation immediately overlying a confined aquifer. "Frequently flooded areas" means lands in the floodplain subject to a one (1) percent or greater chance of flooding in any given year and those lands that provide important flood storage, conveyance, and attenuation functions, as determined by the Director in accordance with WAC 365-190-080(3). Frequently flooded areas perform important hydrologic functions and may present a risk to persons and property. Classifications of frequently flooded areas include, at a minimum, the one hundred (100) year floodplain designations of the Federal Emergency Management Agency and the National Flood Insurance Program. "Functions and values" means the beneficial roles served by critical areas including, but not limited to, water quality protection and enhancement; fish and wildlife habitat; food chain support; flood storage, conveyance and attenuation; groundwater recharge and discharge; erosion control; wave attenuation; protection from hazards; historical, archaeological, and aesthetic value protection; educational opportunities; and recreation. These beneficial roles are not listed in order of priority. Critical area functions can be used to help set targets (species composition, structure, etc.) for managed areas, including mitigation sites. "Geologically hazardous areas" means areas that may not be suited to development consistent with public health, safety, or environmental standards, because of their steep slopes, susceptibility to erosion, sliding, earthquakes, or other geological events. For the purposes of this code, "geologically hazardous areas" are those areas receiving high or moderate geologically hazardous classifications per BMC 20.14.600 through 20.14.660. "Groundwater" means water in a saturated zone or stratum beneath the surface of land or a surface water body. "Groundwater management area" means a specific geographic area or subarea designated pursuant to Chapter 173-100 WAC for which a groundwater management program is required. "Groundwater management program" means a comprehensive program designed to protect groundwater quality, to ensure groundwater quantity, and to provide for efficient management of water resources while recognizing existing groundwater rights and meeting future needs consistent with local and state objectives, policies, and authorities within a designated groundwater management area or subarea and developed pursuant to Chapter 173-100 WAC. "Groundwater, perched" means groundwater in a saturated zone, separated from the underlying main body of groundwater by an unsaturated rock zone. "Grading" means excavating, filling or embanking of earth materials in quantities equal to or greater than fifty (50) cubic yards, as specified per the Bremerton Municipal Code grading permit requirement. "Grubbing" means the removal of vegetative matter from underground, such as sod, stumps, roots, buried logs or other debris, and shall include the incidental removal of topsoil and earth in quantities lesser than fifty (50) cubic yards. "Habitat conservation areas" means areas designated as fish and wildlife habitat conservation areas. "Habitat management plan (HMP)" means a report prepared by a professional wildlife biologist or fisheries biologist which discusses and evaluates critical fish and wildlife habitat functions and evaluates the measures necessary to maintain, enhance and improve habitat conservation on a proposed development site. Habitats of Local Importance. These areas include a seasonal range or habitat element with which a given species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. These might include areas of high relative density or species richness, breeding habitat, winter range, and movement corridors. These might also include habitats that are of limited availability or high vulnerability to alterations such as cliffs, taluses, and wetlands (WAC 365-190-030). "Hazard areas" means areas designated as frequently flooded areas or geologically hazardous areas due to potential for erosion, landslide, seismic activity, mine collapse, or other geological condition. "Hazardous substances" means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological properties described in WAC 173-303-090 or 173-303-100. "High-intensity land use" means land uses which are associated with high levels of human disturbance or substantial habitat impacts including, but not limited to, medium- and high-density residential (more than one (1) home per five (5) acres), multifamily residential, some agricultural practices, and commercial and industrial land uses. "High quality wetlands" means those wetlands that meet the following criteria: A. No, or isolated, human alteration of the wetland topography; B. No human-caused alteration of the hydrology or the wetland appears to have recovered from the alteration; C. Low cover and frequency of exotic plant species; D. Relatively little human-related disturbance of the native vegetation, or recovery from past disturbance; E. If the wetland system is degraded, it still contains a viable and high quality example of a native wetland community; and F. No known major water quality problems. "Historic condition" means a condition of the land, including flora, fauna, soil, topography, and hydrology that existed before the area and vicinity were developed or altered by human activity. "Hydraulic project approval (HPA)" means a permit issued by the Washington Department of Fish and Wildlife for modifications to waters of the state in accordance with Chapter 75.20 RCW. "Hydric soil" means a soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part. The presence of hydric soil shall be determined following the methods described in the approved federal wetland delineation manual and applicable regional supplements. "Hydrologic soil groups" means soils grouped according to their runoff-producing characteristics under similar storm and cover conditions. Properties that influence runoff potential are depth to seasonally high water table, intake rate and permeability after prolonged wetting, and depth to a low permeable layer. Hydrologic soil groups are normally used in equations that estimate runoff from rainfall, but can be used to estimate a rate of water transmission in soil. There are four (4) hydrologic soil groups: A. Low runoff potential and a high rate of infiltration potential; B. Moderate infiltration potential and a moderate rate of runoff potential; C. Slow infiltration potential and a moderate-to-high rate of runoff potential; and D. High runoff potential and very slow infiltration and water transmission rates. "Hydrophytic vegetation" means macrophytic plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. The presence of hydrophytic vegetation shall be determined following the methods described in the approved federal wetland delineation manual and applicable regional supplements. "Hyporheic zone" means the saturated zone located beneath and adjacent to streams that contains some portion of surface waters, serves as a filter for nutrients, and maintains water quality. "Impervious surface" means any material which reduces or prevents absorption of stormwater into previously undeveloped land. Permeable paving technologies shall not be classified as impervious surfaces. (See also "Paved surface" in BMC 20.42.040 for a discussion of impervious pavements.) "In-kind compensation" means to replace critical areas with substitute areas whose characteristics and functions closely approximate those destroyed or degraded by a regulated activity. It does not mean replacement "in category." "Infiltration" means the downward entry of water into the immediate surface of soil. "Injection well(s)" means: A. Class I. A well used to inject industrial, commercial, or municipal waste fluids beneath the lowermost formation containing, within one-quarter (1/4) mile of the well bore, an underground source of drinking water. B. Class II. A well used to inject fluids: 1. Brought to the surface in connection with conventional oil or natural gas exploration or production and may be commingled with wastewaters from gas plants that are an integral part of production operations, unless those waters are classified as dangerous wastes at the time of injection; 2. For enhanced recovery of oil or natural gas; or 3. For storage of hydrocarbons that are liquid at standard temperature and pressure. C. Class III. A well used for extraction of minerals, including but not limited to the injection of fluids for: 1. In-situ production of uranium or other metals that have not been conventionally mined; 2. Mining of sulfur by Frasch process; or 3. Solution mining of salts or potash. D. Class IV. A well used to inject dangerous or radioactive waste fluids. E. Class V. All injection wells not included in Classes I, II, III, or IV. "Invasive" means a vegetative or animal species not native to a region, and marked by a tendency to spread, especially with proclivity to replace healthy native species. "Isolated wetlands" means those wetlands that are outside of and not contiguous to any one hundred (100) year floodplain of a lake, river, or stream and have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water. "Joint aquatic resource permits application" means a single application form that may be used to apply for hydraulic project approvals, shoreline management permits, approvals of exceedance of water quality standards, water quality certifications, Coast Guard bridge permits, Washington State Department of Natural Resources use authorization, and U.S. Army Corps of Engineers permits. Land Use, High-Intensity. See "High-intensity land use." Land Use, Low-Intensity. See "Low-intensity land use." Land Use, Moderate-Intensity. See "Moderate-intensity land use." "Low-impact development (LID)" is a stormwater management and development strategy applied at the parcel and subdivision scale that emphasizes conservation and use of on-site natural features integrated with engineered, small-scale hydrologic controls to more closely mimic predevelopment hydrologic functions. "Low-intensity land use" means land uses which are associated with low levels of human disturbance or low habitat impacts, including, but not limited to, passive recreation, open space, or forest management land uses. "Lowest floor" means the lowest floor of the lowest enclosed area, including the basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage such enclosure is not built so as to render the structure in violation of the applicable requirements of this title. "Mine hazard areas" means areas that are underlain by, adjacent to, or affected by mine workings such as adits, gangways, tunnels, drifts, or airshafts, and those areas of probable sink holes, gas releases, or subsidence due to mine workings. Factors that should be considered include: proximity to development, depth from ground surface to the mine working, and geologic material. "Mitigation" means avoiding, minimizing, or compensating for adverse critical areas impacts. "Mitigation," in the following sequential order of preference, is: A. Avoiding the impact altogether by not taking a certain action or parts of an action; B. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts; C. Rectifying the impact to wetlands, critical aquifer recharge areas, and habitat conservation areas by repairing, rehabilitating, or restoring the affected environment to the conditions existing at the time of the initiation of the project; D. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other methods, provided the engineered method creates the minimum disturbance necessary to mitigate the action, and the method does not adversely impact categories of critical areas other than those being mitigated; E. Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action; F. Compensating for the impact to wetlands, critical aquifer recharge areas, and habitat conservation areas by replacing, enhancing, or providing substitute resources or environments; and G. Monitoring the hazard or other required mitigation and taking remedial action when necessary. Mitigation for individual actions may include a combination of the above measures. "Mobile home" means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "mobile home" does not include a "recreational vehicle." "Mobile home park or subdivision" means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale. "Moderate-intensity land use" means land uses which are associated with moderate levels of human disturbance or substantial habitat impacts including, but not limited to, low density residential (no more than one (1) home per five (5) acres), active recreation, and moderate agricultural land uses. "Monitoring" means evaluating the impacts of development proposals on the biological, hydrological, and geological elements of such systems, and assessing the performance of required mitigation measures throughout the collection and analysis of data by various methods for the purpose of understanding and documenting changes in natural ecosystems and features, including gathering baseline data. "Native growth protection area (NGPA)" means an area where native vegetation is preserved for the purpose of preventing harm to property and the environment, including, but not limited to, controlling surface water runoff and erosion, maintaining slope stability, buffering, and protecting plants and animal habitat. "Native vegetation" means plant species that are indigenous to the area in question. "Natural waters" means waters, excluding water conveyance systems that are artificially constructed and actively maintained for irrigation. Nonconformity. See BMC 20.54.040, Definitions, of the nonconforming provisions of this title. "Off-site compensation" means to replace critical areas away from the site on which a critical area has been impacted. "On-site compensation" means to replace critical areas at or adjacent to the site on which a critical area has been impacted. "Ordinary high water mark (OHM)" means the mark on all lakes, streams, and tidal waters which will be found by examining the beds and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation, as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the Department; provided, that in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water. "Out-of-kind compensation" means to replace critical areas with substitute critical areas whose characteristics do not closely approximate those destroyed or degraded. It does not refer to replacement "out-of-category." "Permeability" means the capacity of an aquifer or confining bed to transmit water. It is a property of the aquifer or confining bed and is independent of the force causing movement. "Porous soil types" means soils, as identified by the National Resources Conservation Service, U.S. Department of Agriculture, that contain voids, pores, interstices, or other openings which allow the passing of water. "Potable water" means water that is safe and palatable for human use. "Practical alternative" means an alternative that is available and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes, and has less impacts to critical areas. "Primary association area" means the area used on a regular basis by, is in close association with, or is necessary for the proper functioning of the habitat of a critical species. "Regular basis" means that the habitat area is normally, or usually, known to contain a critical species, or based on known habitat requirements of the species, the area is likely to contain the critical species. "Regular basis" is species and population dependent. Species that exist in low numbers may be present infrequently yet rely on certain habitat types. "Priority habitat" means habitat type or elements with unique or significant value to one (1) or more species as classified by the State Department of Fish and Wildlife. A priority habitat may consist of a unique vegetation type or dominant plant species, a described successional stage, or a specific structural element. "Project area" means all areas within fifty (50) feet of the area proposed to be disturbed, altered, or used by the proposed activity or the construction of any proposed structures. When the action binds the land, such as a subdivision, short subdivision, binding site plan, planned unit development, or rezone, the project area shall include the entire parcel, at a minimum. "Qualified professional" means a person with experience and training in the pertinent scientific discipline, and who is a qualified scientific expert with expertise appropriate for the relevant critical area subject in accordance with WAC 365-195-905(4). A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental studies, fisheries, geomorphology, or related field, and five (5) years of related work experience. A. A qualified professional for habitats or wetlands must have a degree in biology and professional experience related to the subject species, and meet the requirements set forth in BMC 20.14.360. B. A qualified professional for a geological hazard must be a professional civil or geotechnical engineer with experience in the field, or geologist, licensed in the State of Washington. C. A qualified professional for critical aquifer recharge areas means a hydrogeologist, geologist, engineer, or other scientist with experience in preparing hydrogeologic assessments, and meets the requirements set forth in BMC 20.14.450. "Recharge" means the process involved in the absorption and addition of water to groundwater. "Reclaimed water" means municipal wastewater effluent that has been adequately and reliably treated so that it is suitable for beneficial use. Following treatment, it is no longer considered wastewater (treatment levels and water quality requirements are given in the water reclamation and reuse standards adopted by the State Departments of Ecology and Health). Recreation Vehicle. See definition in Chapter 20.42 BMC. "Repair" or "maintenance" means an activity that restores the character, scope, size, and design of a serviceable area, structure, or land use to its previously authorized and undamaged condition. Activities that change the character, size, or scope of a project beyond the original design and drain, dredge, fill, flood, or otherwise alter critical areas are not included in this definition. "Restoration" means measures taken to restore an altered or damaged natural feature including: A. Active steps taken to restore damaged wetlands, streams, protected habitat, or their buffers to the functioning condition that existed prior to an unauthorized alteration; and B. Actions performed to reestablish structural and functional characteristics of the critical area that have been lost by alteration, past management activities, or catastrophic events. "Riparian habitat" means areas adjacent to aquatic systems with flowing water that contain elements of both aquatic and terrestrial ecosystems that mutually influence each other. The width of these areas extends to that portion of the terrestrial landscape that directly influences the aquatic ecosystem by providing shade, fine or large woody material, nutrients, organic and inorganic debris, terrestrial insects, or habitat for riparian-associated wildlife. Widths shall be measured from the ordinary high water mark or from the top of bank if the ordinary high water mark cannot be identified or from the channel migration zone (CMZ). It includes the entire extent of the floodplain and the extent of vegetation adapted to wet conditions as well as adjacent upland plant communities that directly influence the stream system. Riparian habitat areas include those riparian areas severely altered or damaged due to human development activities. Scientific process. A valid scientific process is one that produces reliable information useful in understanding the consequences of a decision. The characteristics of a valid scientific process are as follows: A. Peer Review. The information has been critically reviewed by other qualified scientific experts in that scientific discipline. B. Methods. The methods that were used are standardized in the pertinent scientific discipline or the methods have been appropriately peer-reviewed to ensure their reliability and validity. C. Logical Conclusions and Reasonable Inferences. The conclusions presented are based on reasonable assumptions supported by other studies and are logically and reasonably derived from the assumptions and supported by the data presented. D. Quantitative Analysis. The data have been analyzed using appropriate statistical or quantitative methods. E. Context. The assumptions, analytical techniques, data, and conclusions are appropriately framed with respect to the prevailing body of pertinent scientific knowledge. F. References. The assumptions, techniques, and conclusions are well referenced with citations to pertinent existing information. "Scrub-shrub wetland" means a wetland with at least thirty (30) percent of its surface area covered by woody vegetation less than twenty (20) feet in height at the uppermost strata. "Section 404 permit" means a permit issued by the U.S. Army Corps of Engineers for the placement of dredge or fill material or clearing in waters of the United States, including wetlands, in accordance with 33 USC Section 1344. Section 404 permits may also be for endangered species consultation. They require a consultation under Section 7 of the Federal Endangered Species Act. "Seeps" means a spot where water oozes from the earth, often forming the source of a small stream. "Seismic hazard areas" means areas that are subject to severe risk of damage as a result of earthquake- induced ground shaking, slope failure, settlement, or soil liquefaction. "Shorelands or shoreland areas" means those lands extending landward for two hundred (200) feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward two hundred (200) feet from such floodways; and all wetlands and river deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of Chapter 90.58 RCW. "Shorelines" means all of the water areas of the state as defined in RCW 90.58.030, including reservoirs and their associated shorelands, together with the lands underlying them except: A. Shorelines of statewide significance; B. Shorelines on segments of streams upstream of a point where the mean annual flow is twenty (20) cubic feet per second (20 cfps) or less and the wetlands associated with such upstream segments; and C. Shorelines on lakes less than twenty (20) acres in size and wetlands associated with such small lakes. "Shorelines of statewide significance" means those areas defined in RCW 90.58.030(2)(e). "Shorelines of the state" means the total of all "shorelines," as defined in RCW 90.58.030(2)(d), and "shorelines of statewide significance" within the state, as defined in RCW 90.58.030(2)(c). "Soil survey" means the most recent soil survey for the local area or county by the National Resources Conservation Service, U.S. Department of Agriculture. "Special flood hazard areas" means the land in the floodplain within an area subject to a one (1) percent or greater chance of flooding in any given year. Designations of special flood hazard areas on flood insurance map(s) always include the letters A or V. "Special protection areas" means aquifer recharge areas defined by WAC 173-200-090 that require special consideration or increased protection because of unique characteristics, including, but not limited to: A. Groundwaters that support an ecological system requiring more stringent criteria than drinking water standards; B. Groundwater recharge areas and wellhead protection areas that are vulnerable to pollution because of hydrogeologic characteristics; and C. Sole source aquifer status. "Species" means any group of animals classified as a species or subspecies as commonly accepted by the scientific community. "Species, endangered" means any fish or wildlife species that is threatened with extinction throughout all or a significant portion of its range and is listed by the state or federal government as an endangered species. "Species of local importance" means those species of local concern due to their population status or their sensitivity to habitat manipulation, or that are game species. "Species, priority" means any fish or wildlife species requiring protective measures and/or management guidelines to ensure their persistence at genetically viable population levels as classified by the Washington Department of Fish and Wildlife, including endangered, threatened, sensitive, candidate and monitor species, and those of recreational, commercial, or tribal importance. "Species, threatened" means any fish or wildlife species that is likely to become an endangered species within the foreseeable future throughout a significant portion of its range without cooperative management or removal of threats, and is listed by the state or federal government as a threatened species. "Subdrainage basin" or "subbasin" means the drainage area of the highest order stream containing the subject property impact area. "Stream order" is the term used to define the position of a stream in the hierarchy of tributaries in the watershed. The smallest streams are the highest order (first order) tributaries. These are the upper watershed streams and have no tributaries of their own. When two (2) first order streams meet, they form a second order stream, and when two (2) second order streams meet they become a third order stream, and so on. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. "Unavoidable" means adverse impacts that remain after all appropriate and practicable avoidance and minimization have been achieved. "Vulnerability" means the combined effect of susceptibility to contamination and the presence of potential contaminants. "Water-dependent" means a use or portion of a use that cannot exist in a location that is not adjacent to the water, but is dependent on the water by reason of the intrinsic nature of its operations. A use that can be carried out only on, in, or adjacent to water. Examples of water-dependent uses include: ship cargo terminal loading areas; fishing; ferry and passenger terminals; barge loading, ship building, and dry docking facilities; marinas, moorage, and boat launching facilities; aquaculture; float plane operations; surface water intake; and sanitary sewer and storm drain outfalls. "Water resource inventory area (WRIA)" means one (1) of sixty-two (62) watersheds in the State of Washington, each composed of the drainage areas of a stream or streams, as established in Chapter 173- 500 WAC as it existed on January 1, 1997. "Water table" means that surface in an unconfined aquifer at which the pressure is atmospheric. It is defined by the levels at which water stands in wells that penetrate the aquifer just far enough to hold standing water. "Water typing system" means waters are classified according to WAC 222-16-031. Waters are classified into four (4) types, S, F, Np, and Ns, based on whether the waters are shorelines of the state, their level of human and wildlife use, whether they are perennial streams, and other characteristics. Complete criteria for the water typing system are found in BMC 20.14.720. "Watercourse" means any portion of a channel, bed, bank, or bottom waterward of the ordinary high water line of waters of the state including areas in which fish may spawn, reside, or through which they may pass, and tributary waters with defined beds or banks, which influence the quality of fish habitat downstream. This definition includes watercourses that flow on an intermittent basis or which fluctuate in level during the year and applies to the entire bed of such watercourse whether or not the water is at peak level. This definition does not include irrigation ditches, canals, stormwater runoff devices, or other entirely artificial watercourses, except where they exist in a natural watercourse that has been altered by humans. "Well" means a bored, drilled, or driven shaft, or a dug hole whose depth is greater than the largest surface dimension for the purpose of withdrawing or injecting water or other liquids. "Wellhead protection area (WHPA)" means the portion of a zone of contribution for a well, wellfield, or spring, as defined using criteria established by the Washington State Department of Ecology. "Wetland classes," "classes of wetlands," or "wetland types" means the descriptive classes of the wetlands taxonomic classification system of the U.S. Fish and Wildlife Service (Cowardin, et al., 1979). "Wetland edge" means the boundary of a wetland as delineated based on the definitions contained in this title. "Wetlands" means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands include artificial wetlands created from nonwetland areas to mitigate the conversion of wetlands. Identification of wetlands and delineation of their boundaries pursuant to this chapter shall be done in accordance with the approved federal wetland delineation manual and applicable regional supplements. All areas within the City meeting the wetland designation criteria in that procedure are hereby designated critical areas and are subject to the provisions of this program. "Wetlands mitigation bank" means a site where wetlands are restored, created, enhanced, or in exceptional circumstances, preserved expressly for the purpose of providing compensatory mitigation in advance of authorized impacts to similar resources. "Zone of contribution" means the area surrounding a well or spring that encompasses all areas or features that supply groundwater recharge to the well or spring. (Ord. 5418 §3, 2021; Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.300 WETLANDS. BMC 20.14.310 through 20.14.360 pertain to wetlands. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.310 DESCRIPTION AND PURPOSE. (a) As identified currently in WAC 173-22-035 and as subsequently amended, identification of wetlands and delineation of their boundaries shall be done in accordance with the approved federal wetland delineation manual and applicable regional supplements. All areas within the City meeting the wetland designation criteria in the identification and delineation manual, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this title. (b) Wetlands help to maintain water quality; store and convey stormwater and floodwater; recharge groundwater; provide important fish and wildlife habitat; and serve as areas for recreation, education, scientific study and aesthetic appreciation. overall goal shall be to achieve no net loss of wetlands. This goal shall be implemented through retention of the function and value of wetlands within the City. Wetland buffers serve to moderate runoff volume and flow rates; reduce sediment, chemical nutrient and toxic pollutants; provide shading to maintain desirable water temperatures; provide habitat for wildlife; protect wetland resources from harmful intrusion; and generally preserve the ecological integrity of the wetland area. (d) The primary purpose of the wetland regulations is to avoid detrimental wetland impacts and achieve a goal of no net loss of wetland function and values, and where possible enhance and restore wetlands. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.320 CLASSIFICATION AND DESIGNATION. (a) Wetland Ratings. Wetlands shall be rated according to the Washington State Department of Ecology wetland rating system found in the "Washington State Wetland Rating System for Western Washington" (Department of Ecology Publication No. 14-06-029) or as amended and approved by Ecology. Wetland delineations are valid for five (5) years; after such date the City shall determine whether a revision or additional assessment is necessary. These documents contain the definitions and methods for determining if the criteria below are met. (1) Wetland Rating Categories. (i) Category I. Category I wetlands are those that meet any of the following criteria: a. Represent a unique or rare wetland type; or b. Are more sensitive to disturbance than most wetlands; or c. Are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime; or d. Are providing a high level of functions, scoring twenty-three (23) points or more, out of twenty- seven (27) (DOE Wetlands Rating System, 2014); or e. Are characterized as wetlands of high conservation value per the Washington Natural Heritage Program (WNHP); or f. Are characterized as a bog; or g. Are over one (1) acre and characterized as a mature and old-growth forested wetland or are an estuarine wetland. (ii) Category II. Category II wetlands are those wetlands that are not Category I wetlands and that meet any of the following criteria: a. Provide high levels of some functions, being difficult, though not impossible to replace; or b. Perform most functions relatively well, scoring twenty (20) to twenty-two (22) points out of twenty-seven (27) (DOE Wetlands Rating System, 2014); or c. Estuarine wetlands smaller than one (1) acre or those that are distributed and larger than one (1) acre. (iii) Category III. Category III wetlands are those wetlands that are not Category I or II wetlands, and that meet the following criterion: a. Provide moderate levels of functions, scoring between sixteen (16) and nineteen (19) points out of twenty-seven (27) (DOE Wetland Rating System, 2014). (iv) Category IV. Category IV wetlands are those that meet the following criterion: a. Provide low levels of functions, scoring less than sixteen (16) points out of twenty-seven (27) (DOE Wetlands Rating System, 2014). (2) Date of Wetland Rating. Wetland rating categories shall be applied as the wetland exists on the date of adoption of the rating system by the local government as the wetland naturally changes thereafter, or as the wetland changes in accordance with permitted activities. Wetland rating categories shall not change due to illegal modifications. (Ord. 5418 §4, 2021; Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.330 DEVELOPMENT STANDARDS - WETLANDS. (a) Activities may only be permitted in a wetland or wetland buffer if the applicant can show that the proposed activity will not degrade the functions and functional performance of the wetland and other critical areas. (b) Activities and uses shall be prohibited in wetlands and wetland buffers, except as provided for in this title. The following activities are regulated if they occur in a regulated wetland or its buffer: (1) The removal, excavation, grading, or dredging of soil, sand, gravel, minerals, organic matter, or material of any kind. (2) The dumping of, discharging of, or filling with any material. (3) The draining, flooding, or disturbing of the water level or water table. (4) Pile driving. (5) The placing of obstructions. (6) The construction, reconstruction, demolition, or expansion of any structure. (7) The destruction or alteration of wetland vegetation through clearing, harvesting, shading, intentional burning, or planting of vegetation that would alter the character of a regulated wetland. (8) Class IV general forest practices under the authority of the "1992 Washington State Forest Practices Act Rules and Regulations," WAC 222-12-030, or as thereafter amended. (9) Activities that result in: (i) A significant change of water temperature. (ii) A significant change of physical or chemical characteristics of the sources of water to the wetland. (iii) A significant change in the quantity, timing, or duration of the water entering the wetland. (iv) The introduction of pollutants. (c) Activities Allowed in Wetlands. The activities listed below are allowed in wetlands. These activities do not require submission of a critical area report, except where such activities result in a loss of the functions and values of a wetland or wetland buffer. Any ground disturbing activity or placement of fill within wetlands or in- responsibility to ensure that they obtain necessary authorization before beginning work. These activities include: (1) Conservation or preservation of soil, water, vegetation, fish, shellfish, and/or other wildlife that does not entail changing the structure or functions of the existing wetland. (2) Drilling for utilities/utility corridors under a wetland, with entrance/exit portals located completely outside of the wetland buffer; provided, that the drilling does not interrupt the groundwater connection to the wetland or percolation of surface water down through the soil column. Specific studies by a hydrologist are necessary to determine whether the groundwater connection to the wetland or percolation of surface water down through the soil column will be disturbed. (3) Enhancement of a wetland through the removal of nonnative invasive plant species. Removal of invasive plant species shall be restricted to hand removal unless permits from the appropriate regulatory agencies have been obtained for approved biological or chemical treatments. (4) Educational and scientific research activities. (d) Category I Wetlands. Activities and uses shall be prohibited from Category I. (e) Category II and III Wetlands. With respect to activities proposed in Category II and III wetlands, the following standards shall apply: (1) Water-dependent activities may be allowed where there are no feasible alternatives that would have a less adverse impact on the wetland, its buffers and other critical areas. (2) Where nonwater-dependent activities are proposed, it shall be presumed that alternative locations are available, and activities and uses shall be prohibited, unless the applicant demonstrates that: (i) The basic project purpose cannot reasonably be accomplished and successfully avoid, or result in less adverse impact on, a wetland on another site or sites in the general region; and (ii) All alternative designs of the project as proposed that would avoid or result in less of an adverse impact on a wetland or its buffer, such as a reduction in the size, scope, configuration, or density of the project, are not feasible. (iii) Full compensation for the acreage and loss functions will be provided under the terms established under BMC 20.14.340(f) and (g). (f) Category III and IV Wetlands. Isolated Category III and IV wetlands less than one thousand (1,000) square feet that meet all of the following criteria shall be exempt from the buffer provisions in subsection (h) of this section and the normal mitigation sequencing process in BMC 20.14.340(a). Any direct impacts to these wetlands shall be fully mitigated. (1) Is not associated with riparian areas or buffers; (2) Is not part of a wetland mosaic; and (3) Does not contain habitat identified by Washington State Department of Fish and Wildlife as essential for local populations of priority species, as identified under BMC 20.14.720. (g) Category IV Wetlands. Activities and uses that result in unavoidable and necessary impacts may be permitted in Category IV wetlands and associated buffers in accordance with an approved wetland report and mitigation plan, and only if the proposed activity is the only reasonable alternative that will age and loss functions will be provided under the terms established under BMC 20.14.340(f) and (g). (h) Wetland Buffers. (1) Standard Buffer Widths. Required standard wetland buffers, based on wetland category, are as outlined in the following table (Table 20.14.330(h)(1)). Table 20.14.330(h)(1) Wetland Buffer Table (Standard wetland buffer widths when minimization measures and wildlife corridors are not provided) Wetland Category and Type Buffer Width (in Feet) Based on Habitat Score 3-5 (Low) 6-7 (Medium) 8-9 (High) I: Estuarine and coastal wetlands 200 I: All others 100 150 300 II: Estuarine wetlands 150 II: All 100 150 300 III: All 80 150 300 IV: All 50 (2) Reduced Buffer Widths. The standard wetland buffers may be reduced by twenty-five (25) percent according to the values presented in Table 20.14.330(h)(2) when the impact minimization measures in Table 20.14.330(h)(3) are implemented. For wetlands that score six (6) or more points for habitat function, the following conditions must be maintained in order to use the reduced buffers, as follows: (i) If an existing, relatively undisturbed vegetated corridor at least one hundred (100) feet wide exists between the on-site wetland and other priority habitats, as defined by the Washington State Department of Fish and Wildlife, and the off-site portion of the corridor is already protected via an existing conservation easement, critical areas regulations, or other legal requirement, the portion of the corridor on site must also be protected by a similar legal protection. All other applicable criteria found in subsection (h)(4) of this section must also be met. The evaluation of presence or absence of the conditions described above must be completed as part of the critical areas report. (ii) If no such corridor is present to protect, the reduced buffers alone may be used with the other applicable criteria contained in subsection (h)(4) of this section. If an option for protection of a corridor, as defined under subsection (h)(2)(i) of this section, exists on the parcel, but is not provided, standard buffer widths contained in Table 20.14.330(h)(1) are required. (iii) The buffer widths in the table below (Table 20.14.330(h)(2)) assumes that the buffer is vegetated with a native plant community appropriate for the ecoregion. If the existing buffer is unvegetated, sparsely vegetated, or vegetated with invasive species that do not perform needed functions, the buffer should either be planted to create the appropriate plant community or the buffer should be widened to ensure that adequate functions of the buffer are provided. Table 20.14.330(h)(2) Wetland Buffer Table (Reduced wetland buffer widths when minimization measures and corridor are provided) Wetland Category and Type Buffer Width (in feet) Based on Habitat Score 3-5 (Low) 6-7 (Medium) 8-9 (High) I: Estuarine and coastal wetlands 150 I: All others 75 110 225 II: Estuarine wetlands 110 II: All 75 110 225 III: All 60 110 225 IV: All 40 (3) Measurement of Wetland Buffers. All buffers shall be measured horizontally from a perpendicular line established at the wetland edge as surveyed in the field. The width of the wetland buffer shall be determined according to the wetland category. The buffer for a wetland created, restored, or enhanced as compensation for approved wetland alterations shall be the same as the buffer required for the category of the created, restored, or enhanced wetland. Only fully vegetated buffers will be considered. Lawns, walkways, driveways, and other mowed or paved areas will not be considered buffers. (4) Required Measures to Minimize Impacts to Wetlands. Measures are required to mitigate the impacts and disturbances associated with surrounding land use, where applicable to a specific proposal in order to implement Table 20.14.330(h)(2). If required measures outlined in Table 20.14.330(h)(3) are not implemented, the standard wetland buffers in Table 20.14.330(h)(1) shall be required. Table 20.14.330(h)(3) Required Measures to Minimize Impacts to Wetlands Disturbance Required Measures to Minimize Impacts Lights (1) Direct lights away from wetland as illustrated in a photometric plan. Noise (2) Locate activity that generates noise away from wetland. (3) If warranted, enhance existing buffer with native vegetation plantings adjacent to noise source. (4) For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy industry or mining, establish an additional ten (10) feet of heavily vegetated buffer strip immediately adjacent to the outer wetland buffer. Toxic runoff (5) Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered. (6) Establish covenants limiting use of pesticides within one hundred fifty (150) feet of wetland. (7) Apply integrated pest management. Stormwater runoff (8) Retrofit stormwater detention and treatment for roads and existing adjacent development. (9) Prevent channelized flow from lawns that directly enters the buffer. (10) Use low intensity development (for more information refer to the drainage ordinance and manual) best management practices where appropriate. Change in water regime (11) Infiltrate or treat, detain, and disperse into buffer new runoff from impervious surfaces and new lawns. Pets and human disturbance (12) Use privacy fencing or plant dense vegetation to delineate buffer edge and to discourage disturbance using vegetation appropriate for the ecoregion. (13) Place wetland and its buffer in a separate tract or protect with a conservation easement. Dust (14) Use best management practices to control dust. Disruption of corridors or connections (15) Maintain connections to off-site areas that are undisturbed. (16) Restore on-site corridors or connections to off-site habitats by replanting. (5) Increased Wetland Buffer Widths. The Director shall require increased buffer widths in accordance with the recommendations of an experienced, qualified professional wetland scientist, and the best available science on a case-by-case basis when a larger buffer is necessary to protect wetland functions and values based on site-specific characteristics. This determination shall be based on one (1) or more of the following criteria: (i) A larger buffer is needed to protect other critical areas; (ii) The buffer or adjacent uplands has a slope greater than fifteen (15) percent or is susceptible to erosion and standard erosion-control measures will not prevent adverse impacts to the wetland; or (iii) The buffer area has minimal vegetative cover. In lieu of increasing the buffer width where existing buffer vegetation is inadequate to protect the wetland functions and values, implementation of a buffer planting plan may substitute. Where a buffer planting plan is proposed, it shall include densities that are not less than three (3) feet on center for shrubs and eight (8) feet on center for trees and require monitoring and maintenance to ensure success. Existing buffer vegetation is considered "inadequate" and will need to be enhanced through additional native plantings and (if appropriate) removal of nonnative plants when: (1) nonnative or invasive plant species provide the dominant cover, (2) vegetation is lacking due to disturbance and wetland resources could be adversely affected, or (3) enhancement plantings in the buffer could significantly improve buffer functions. (6) Wetland Buffer Width Averaging. The Director may allow modification of the standard wetland buffer width in accordance with an approved wetland report and the best available science on a case-by- case basis by averaging buffer widths. Averaging of buffer widths may only be allowed where the applicant and a qualified professional wetland scientist demonstrate that: (i) No feasible site design exists without buffer averaging; (ii) It will not reduce wetland functions or functional performance; (iii) The wetland contains variations in sensitivity due to existing physical characteristics or the character of the buffer varies in slope, soils, or vegetation, and the wetland would benefit from a wider buffer in places and would not be adversely impacted by a narrower buffer in other places; (iv) The total area contained in the buffer area after averaging is no less than that which would be contained within the standard buffer; and (v) The buffer width is not reduced to less than seventy-five (75) percent of the standard width or thirty-five (35) feet. (7) Buffer Consistency. All mitigation sites shall have buffers consistent with the buffer requirements of this chapter. (8) Buffer Maintenance. Except as otherwise specified or allowed in accordance with this title, wetland buffers shall be retained in an undisturbed or enhanced condition. Removal of invasive nonnative weeds is required for the duration of the mitigation bond. (9) Buffer Uses. The following uses may be permitted within a wetland buffer in accordance with the review procedures of this title, provided they are not prohibited by any other applicable law and they are conducted in a manner so as to minimize impacts to the buffer and adjacent wetland: (i) Conservation and Restoration Activities. Conservation or restoration activities aimed at protecting the soil, water, vegetation, or wildlife. (ii) Passive Recreation. Low-impact uses and activities which are consistent with the purpose and function of the wetland buffer and do not detract from its integrity may be permitted within the buffer depending on the sensitivity of the wetland. Uses may include: a. Walkways and trails; provided, that those pathways that are generally parallel to the perimeter of the wetland may be located in the outer twenty-five (25) percent of the buffer area and located to avoid removal of significant trees; provided, that: i. They are no wider than six (6) feet, and generally constructed with a surface that does not interfere with substrate permeability. Raised boardwalks utilizing nontreated pilings may be acceptable; and ii. They shall be limited to pedestrian use; and iii. They shall not be allowed to fully enclose a habitat area or buffer; and or breeding time periods of the species present; b. Wildlife viewing structures; and (iii) Stormwater Management Facilities. Stormwater management facilities, limited to stormwater dispersion outfalls and bioswales, may be allowed within the outer twenty-five (25) percent of the buffer of Category III or IV wetlands only; provided, that: a. No other location is feasible; and b. The location of such facilities will not degrade the functions or values of the wetland. (iv) Low-Impact Development (LID) Facilities. LID facilities may be allowed within the buffer of Category III or IV wetlands only; provided, that: a. No other location is feasible; and b. The location of such facilities will not degrade the functions or values of the wetland. (i) Signs and Fencing of Wetlands. (1) Temporary Markers. The outer perimeter of the wetland or buffer and the limits of those areas to be disturbed pursuant to an approved permit or authorization shall be marked in the field in such a way as to ensure that no unauthorized intrusion will occur and is subject to inspection prior to the commencement of permitted activities. This temporary marking shall be maintained throughout construction and shall not be removed until permanent signs, if required, are in place. (2) Permanent Signs. As a condition of any permit or authorization issued pursuant to this chapter, the Director may require the applicant to install permanent signs along the boundary of a wetland or buffer. (i) Permanent signs shall be made of an enamel-coated metal face and attached to a metal post, or another nontreated material of equal durability. Signs must be posted at an interval of one (1) per lot or every fifty (50) feet, whichever is less, and must be maintained by the property owner in perpetuity. The sign shall be worded as follows or with alternative language approved by the Director: Protected Wetland Area Do Not Disturb Contact City of Bremerton Department of Community Development Regarding Uses and Restriction (3) Fencing. (i) The Director shall determine if fencing is necessary to protect the functions and values of the critical area. If found to be necessary, any permit or authorization issued pursuant to this chapter shall be conditioned to require the applicant to install a permanent fence at the edge of the wetland buffer when fencing will prevent future impacts to the wetland. (ii) Fencing installed as part of a proposed activity or as required in this subsection shall be designed so as to not interfere with species migration, including fish runs, and shall be constructed in a manner that minimizes impacts to the wetland and associated habitat. (Ord. 5418 §5, 2021; Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.340 MITIGATION REQUIREMENTS - WETLANDS. Compensatory mitigation for alterations to wetlands shall achieve equivalent or greater biologic functions. Compensatory mitigation plans shall be consistent with the State Department of Ecology publication "Guidance on Wetland Mitigation in Washington State," 2006 (Publication Nos. 06-06-011a and 06-06-011b), or as revised. (a) Mitigation shall be required in the following order of preference: (1) Avoiding the impact altogether by not taking a certain action or parts of an action. (2) Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts. (3) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment. (4) Reducing or eliminating the impact over time by preservation and maintenance operations. (5) Compensating for the impact by replacing, enhancing, or providing substitute resources or environments. (b) Mitigation for Lost or Affected Functions. Compensatory mitigation actions shall address functions affected by the alteration to achieve functional equivalency or improvement and shall provide similar wetland functions as those lost, except when: (1) The lost wetland provides minimal functions as determined by a site-specific function assessment, and the proposed compensatory mitigation action(s) will provide equal or greater functions or will provide functions shown to be limiting within a watershed through a formal Washington State watershed assessment plan or protocol; or (2) Out-of-kind replacement will best meet formally identified watershed goals, such as replacement of historically diminished wetland types. (c) Preference of Mitigation Actions. Mitigation actions that require compensation by replacing, enhancing, or substitution shall occur in the following order of preference: (1) Restoring wetlands on upland sites that were formerly wetlands. (2) Creating wetlands on disturbed upland sites such as those with vegetative cover consisting primarily of nonnative introduced species. This should only be attempted when there is a consistent source of hydrology and it can be shown that the surface and subsurface hydrologic regime is conducive for the wetland community that is being designed. (3) Enhancing significantly degraded wetlands in combination with restoration or creation. Such enhancement should be part of a mitigation package that includes replacing the impacted area meeting appropriate ratio requirements. (d) Type and Location of Mitigation. Unless it is demonstrated that a higher level of ecological functioning would result from an alternate approach, compensatory mitigation for ecological functions shall be either in kind and on site, or in kind and within the same stream reach, subbasin, or drift cell. Mitigation actions shall be conducted within the same subdrainage basin and on the site as the alteration except when all of the following apply: (1) There are no reasonable on-site or in-subdrainage basin opportunities or on-site and in- subdrainage basin opportunities do not have a high likelihood of success, after a determination of the natural capacity of the site to mitigate for the impacts. Consideration should include: anticipated wetland mitigation replacement ratios, buffer conditions and proposed widths, hydrogeomorphic classes of on-site wetlands when restored, proposed flood storage capacity, potential to mitigate riparian fish and wildlife impacts (such as connectivity); (2) Off-site mitigation has a greater likelihood of providing equal or improved wetland functions than the impacted wetland; and (3) Off-site locations shall be in the same subdrainage basin unless: (i) Established watershed goals for water quality, flood or conveyance, habitat, or other wetland functions have been established and strongly justify location of mitigation at another site; or (ii) Credits from a state-certified wetland mitigation bank or state-approved in-lieu fee (ILF) site are approval. (e) Mitigation Timing. Mitigation projects shall be completed with an approved monitoring plan prior to activities that will disturb wetlands. In all other cases, mitigation shall be completed immediately following disturbance and prior to use or occupancy of the activity or development. Construction of mitigation projects shall be timed to reduce impacts to existing fisheries, wildlife, and flora. (1) The Director may authorize a one (1) time temporary delay, up to one hundred twenty (120) days, in completing minor construction and landscaping when environmental conditions could produce a high probability of failure or significant construction difficulties. The delay shall not create or perpetuate hazardous conditions or environmental damage or degradation, and the delay shall not be injurious to the health, safety, and general welfare of the public. The request for the temporary delay must include a written justification that documents the environmental constraints that preclude implementation of the mitigation plan. The justification must be verified and approved by the City and include a financial guarantee. (f) Mitigation Ratios. (1) Acreage Replacement Ratios. The following ratios shall apply to creation or restoration that is in kind, is on site, is the same category, is timed prior to or concurrent with alteration, and has a high probability of success. Creation of Category I wetlands, specifically bogs and heritage sites, is not (Version 1, Ecology Publication No. 06-06-011a, March 2006, or as amended). These ratios do not apply to remedial actions resulting from unauthorized alterations; greater ratios shall apply in those cases. These ratios do not apply to the use of credits from a state-certified wetland mitigation bank or approved ILF site. When credits from a certified bank or approved ILF site are used, replacement ratios first number specifies the acreage of replacement wetlands and the second specifies the acreage of wetlands altered. Wetland Category Wetland Mitigation Type and Replacement Ratio Creation Reestablishment Rehabilitation Enhancement Only Category I 6:1* 6:1 12:1 Not allowed Category II 3:1 3:1 6:1 12:1 Category III 2:1 2:1 4:1 8:1 Category IV 1.5:1 1.5:1 3:1 6:1 *Wetland creation is not allowed for Category I bogs and heritage sites (2) Increased Replacement Ratio. The Director may increase the ratios under the following circumstances: (i) Uncertainty exists as to the probable success of the proposed restoration or creation; (ii) A significant period of time will elapse between impact and replication of wetland functions; (iii) Proposed mitigation will result in a lower category wetland or reduced functions relative to the wetland being impacted; or (iv) The impact was an unauthorized impact. (g) Wetlands Enhancement as Mitigation. (1) Impacts to wetland functions may be mitigated by enhancement of existing significantly degraded wetlands, but where feasible should be used in conjunction with restoration and/or creation. Applicants proposing to enhance wetlands must produce a wetland report that identifies how enhancement will increase the functions of the degraded wetland and how this increase will adequately mitigate for the loss of wetland area and function at the impact site. An enhancement proposal must also show whether existing wetland functions will be reduced by the enhancement actions. (2) Ratios for rehabilitation and enhancement may be reduced when combined with one to one (1:1) replacement through creation or reestablishment. See Table 1a, Wetland Mitigation in Washington State - Part 1: Agency Policies and Guidance - Version 1 (Ecology Publication No. 06-06-011a, Olympia, WA, March 2006 or as revised). (h) Mitigation of Wetland Buffer Impacts. Compensation for wetland buffer impacts shall occur at a minimum one to one (1:1) ratio. Compensatory mitigation for buffer impacts shall include enhancement of degraded buffers by planting native species and removing structures and impervious surfaces within buffers. (i) Wetland Mitigation Banks. (1) Credits from a wetland mitigation bank may be approved for use as compensation for unavoidable impacts to wetlands when: (i) The bank is certified under Chapter 173-700 WAC; and (ii) The Director determines that the wetland mitigation bank provides appropriate compensation for the authorized impacts; and (2) Replacement ratios for projects using bank credits shall be consistent with replacement ratios . (3) Credits from a certified wetland mitigation bank may be used to compensate for impacts located portions of more than one (1) adjacent drainage basin for specific wetland functions. (j) Wetland Mitigation Monitoring. The mitigation plan shall include a program for monitoring construction of the compensation project and for assessing a completed project. A protocol shall be included outlining the schedule for site monitoring, and how the monitoring data will be evaluated. A monitoring report shall be submitted as needed to document milestones, successes, problems, and contingency actions of the compensation project. The compensation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than five (5) years. The Director shall have the authority to modify or extend the monitoring period and require additional monitoring reports for up to ten (10) years when any of the following conditions apply: (1) The project does not meet the performance standards identified in the mitigation plan; (2) The project does not provide adequate replacement for the functions and values of the impacted critical area; (3) The project involves establishment of forested plant communities, which require longer time for establishment. (Ord 5418 §6, 2021; Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.350 PERFORMANCE STANDARDS - SUBDIVISIONS. The subdivision and short subdivision of land in wetlands and associated buffers is subject to the following: (a) Land that is located wholly within a wetland or its buffer may not be subdivided. (b) Land that is located partially within a wetland or its buffer may be subdivided; provided, that an accessible and contiguous portion of each new lot is located outside of the wetland and its buffer. (c) Access roads and utilities serving the proposed subdivision may be permitted within the wetland and associated buffers only if the City determines that no other feasible alternative exists and when consistent with this title and all other required state and federal approvals. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.360 WETLAND REPORT. Critical area reports for wetlands must meet the requirements of this section. (a) Preparation by a Qualified Professional. A critical area report for wetlands shall be prepared by a qualified professional who is a certified professional wetland scientist or a noncertified professional wetland scientist with a minimum of five (5) years experience in the field of wetland science and with experience preparing wetland reports. (b) Area Addressed in Wetland Report. The following areas shall be addressed in a critical area report for wetlands: (1) The project area of the proposed activity; (2) All wetlands and recommended buffers within three hundred (300) feet of the project area; and (3) All shoreline areas, water features, floodplains, and other critical areas, and related buffers within three hundred (300) feet of the project area. (c) Wetland Analysis. A critical area report for wetlands shall contain an analysis of the wetlands including the following site- and proposal-related information at a minimum: (1) A written assessment and accompanying maps of the wetlands and buffers within three hundred (300) feet of the project area, including the following information at a minimum: (i) Wetland delineation and required buffers; (ii) Existing wetland acreage; (iii) Wetland category; (iv) Vegetative, faunal, and hydrologic characteristics; (v) Soil and substrate conditions; (vi) Topographic elevations, at two (2) foot contours; and (vii) A discussion of the water sources supplying the wetland and documentation of hydrologic regime (locations of inlet and outlet features, water depths throughout the wetland, evidence of recharge or discharge, evidence of water depths throughout the year: drift lines, algal layers, moss lines, and sediment deposits). (2) A discussion of measures, including avoidance, minimization, and mitigation, proposed to preserve existing wetlands and restore any wetlands that were degraded prior to the current proposed land use activity. (3) A habitat and native vegetation conservation strategy that addresses methods to protect and enhance on-site habitat and wetland functions. (4) Functional evaluation for the wetland and adjacent buffer using a local or state agency staff- recognized method and including the reference of the method and all data sheets. (5) Proposed mitigation, if needed, including a written assessment and accompanying maps of the mitigation area, including the following information at a minimum: (i) Existing and proposed wetland acreage; (ii) Vegetative and faunal conditions; (iii) Surface and subsurface hydrologic conditions including an analysis of existing and future hydrologic regime and proposed hydrologic regime for enhanced, created, or restored mitigation areas; (iv) Relationship within watershed and to existing waterbodies; (v) Soil and substrate conditions, and topographic elevations; (vi) Existing and proposed adjacent site conditions; (vii) Required wetland buffers (including any buffer reduction and mitigation proposed to increase the plant densities, remove weedy vegetation, and replant the buffers); (viii) Property ownership; and (ix) Associated wetlands and related wetlands that may be greater than three hundred (300) feet from the subject project. (6) A scale map of the development proposal site and adjacent area. A discussion of ongoing management practices that will protect wetlands after the project site has been developed, including proposed monitoring and maintenance programs. (7) A bond estimate for the installation (including site preparation, plant materials and installation, fertilizers, mulch, stakes) and the proposed monitoring and maintenance work for the required number of years. (8) Title Notification. All activity in critical area protection areas shall be accompanied by a title. (d) Additional Information. When appropriate, the Director may also require the wetland report to include an evaluation by the State Department of Ecology or an independent qualified expert regarding include any recommendations as appropriate. (1) If the development proposal site contains or is within a wetland area, the applicant shall submit an affidavit which declares whether the applicant has knowledge of any illegal alteration to any or all wetlands on the proposed site and whether the applicant previously has been found in violation of this chapter. If the applicant has been found previously in violation, the applicant shall declare whether such violation has been corrected to the satisfaction of the jurisdiction. (2) The Director shall determine if the mitigation and monitoring plans and bonding measures proposed by the applicant are sufficient to protect the public health, safety, and welfare, consistent with the goals, purposes, objectives and requirements of this chapter. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.400 CRITICAL AQUIFER RECHARGE AREAS. BMC 20.14.410 through 20.14.450 pertain to critical aquifer recharge areas. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.410 DESCRIPTION AND PURPOSE. Groundwater from aquifers provides a source of potable water and contributes to stream discharge/flow. Critical aquifer recharge areas contribute to the recharge of aquifers, springs and/or wells and are susceptible to contamination of water supplies through infiltration of pollutants through the soil. City residents rely on an essential life-sustaining safe drinking water supply. A significant groundwater protection regulations are to protect groundwater quality by maintaining the quantity of recharge; avoiding or limiting land use activities that pose potential risk of aquifer contamination; and to minimize or avoid adverse impacts to groundwater protection areas through the application of performance standards, and to comply with the requirements of the Federal Safe Drinking Water Act, Washington Administrative Code, and the requirements of the Wellhead Protection Program. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.420 CLASSIFICATION AND DESIGNATION. Critical aquifer recharge areas are those land areas that contain hydrogeologic conditions that facilitate aquifer recharge and/or transmission of contaminants to an underlying aquifer. Critical aquifer recharge areas under this section may be established based on general criteria, specifically designated due to special circumstances, or based on scientific studies and mapping efforts. Factors considered in the identification of critical aquifer recharge areas include depth to water table, presence of highly permeable soils (specifically Group A hydrologic soils), presence of flat terrain, and the presence of more permeable surficial geology. Critical aquifer recharge areas may be placed in one (1) of the following categories: (a) Category I Critical Aquifer Recharge Areas. Category I critical aquifer recharge areas are those areas where potential for certain land use activities to adversely affect groundwater is high. Category I critical aquifer recharge areas include: (1) Areas inside the five (5) year time-of-travel zone for Group A water system wells, calculated in accordance with the Washington State Source Water Assessment Program. (2) Ten (10) year time-of-travel zones in wellhead protection areas are included as critical aquifer recharge when a well draws its water from an aquifer that is at or above sea level and is without an overlying protective impermeable layer. (3) Areas identified as regionally significant aquifer recharge areas and identified as such by the City are: (i) Gorst Basin Aquifer recharge area, and (ii) Other areas that may be identified in the future. (b) Category II Critical Aquifer Recharge Areas. Category II critical aquifer recharge areas are areas that provide recharge to aquifers that are current or potentially will become potable water supplies and are vulnerable to contamination based on the type of land use activity. These include the following: (1) Highly Permeable Soils (Group A Hydrologic Soils). The general location and characteristics of Group A hydrologic soils in the City is given in the Soils Survey of Kitsap County by the U.S. Department of Agriculture, Natural Resources Conservation Service (NRCS). The soil survey information is available at the Department of Community Development. (2) Areas Above Shallow/Vashon Principal Aquifers. Surface areas above shallow, principal aquifer(s) which are not separated from the underlying aquifers by an impermeable layer that provides adequate protections to preclude the proposed land use from contaminating the shallow aquifer(s) below, are considered aquifer recharge areas of concern. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.430 DEVELOPMENT STANDARDS. (a) Allowed Activities. The following activities are allowed in critical aquifer recharge areas and do not require submission of a hydrogeological assessment: (1) Construction of structures and improvements, including additions, resulting in less than five (5) percent or two thousand five hundred (2,500) square feet (whichever is greater) total site impervious surface area that does not result in a change of use or increase the use of a hazardous substance. (2) Development and improvement of parks, recreation facilities, open space, or conservation areas resulting in less than five (5) percent total site impervious surface area that do not increase the use of a hazardous substance. Standards for development shall be in accordance with the provisions below and the requirements of other underlying City regulations. (3) On-site domestic septic systems releasing less than fourteen thousand five hundred (14,500) gallons of effluent per day and that are limited to a maximum density of one (1) system per one (1) acre. (4) Residential Use of Pesticides and Nutrients. Application of household pesticides, herbicides, and fertilizers that do not exceed times and rates specified on the packaging. (5) Residential storage or use of petroleum and petroleum products. (6) Activities which have a potential contamination source below threshold amounts as set forth in applicable statutes of the Revised Code of Washington or local regulations. The purpose of this clause is to allow for small-scale and residential activities thought to have no significant impacts to critical aquifer recharge areas. (b) Prohibited Activities. The following activities and uses are prohibited in Category I critical aquifer recharge areas: (1) Landfills, including hazardous or dangerous waste, municipal solid waste, special waste, and wood waste; (2) Underground Injection Wells. Wells which meet the requirements of Chapters 173-218 and 173- 200 WAC with the exception of 5B22, 5D2, 5G30, 5W12, 5W32, 5R21, and 5S23; (3) Commercial mining and washing of metals, hard rock, sand and gravel; (4) Chemical wood preservation and/or treatment facilities; (5) Storage, processing, or disposal of radioactive substances; (6) Commercial activities that are not connected to an available sanitary sewer system; (7) Use or storage of pesticides listed as "State restricted use pesticides" by Chapter 16-228 WAC; (8) Within one thousand six hundred (1,600) feet of Twin Lakes, any use of pesticides, and use of fertilizers above agronomic rates; (9) Oil and gas drilling as defined in WAC 332-12-450 and Chapter 173-218 WAC; (10) Underground storage of hazardous substances as regulated by Chapter 173-360 WAC; (11) Use, storage, treatment, or production of perchlorethylene (PCE), other than in closed-loop systems that do not involve any discharge of PCE; (12) Petroleum refining, reprocessing, storage and petroleum-product pipelines; (13) Electroplating/metal finishing; (14) Activities that would significantly reduce the recharge to aquifers currently or potentially used as a potable water source; and (15) Activities that would significantly reduce the recharge to aquifers that are a source of significant base flow to a regulated stream. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.440 ALLOWED USES WITH PERFORMANCE STANDARDS. (a) General Requirements. Any activity not specifically exempted through BMC 20.14.430 as allowed or prohibited may be permitted in a critical aquifer recharge area if all of the following criteria are met (a list of specific uses with a potential threat to groundwater can be found in subsection (b) of this section): (1) Hydrogeological Assessment. (i) For Category I aquifer recharge areas the applicant must show through a hydrogeological assessment that the proposed activity will not cause significant impact to aquifer quality or recharge. The hydrogeological assessment will be evaluated and treated as a special use review and be reviewed by the Department, the health district, affected tribes, and affected water purveyors. An incompatible activity can be denied by the Director; (ii) For Category II aquifer recharge areas a hydrogeological assessment may be required. The scope of the report shall be based on site-specific conditions. The hydrogeological assessment will be evaluated and treated as a special use review and be reviewed by the Department, the health district, affected tribes, and affected water purveyors. An incompatible activity can be denied by the Director. The need for additional information will be determined by the Department, the health district, and the affected water purveyor. Based on the report, controls, mitigation, and/or other requirements will be established as a prerequisite for the development proposal being approved. (2) The proposed activity must comply with the source water protection requirements and recommendations of the U.S. Environmental Protection Agency, Washington State Department of Health, Washington Department of Ecology, and the Kitsap County Health District. (3) The proposed activity shall be designed and constructed in accordance with BMC Title 15, Municipal Utilities. (4) The applicant must explore low-impact development site design alternatives and implement them. Low-impact development techniques can include, but are not limited to: (i) Rainwater harvesting; (ii) Reverse slope sidewalks; (iii) Vegetated roofs; (iv) Bioretention areas (rain gardens); and (v) Pervious pavement. (b) Potential Threats to Groundwater. Specific uses with potential threats to groundwater can include, but are not limited to the following. Uses meeting the listed performance standards may be allowed if the criteria of this section are met. (1) Anything that is not exempt per BMC 20.14.430. (2) All storage tanks proposed to be located in a critical aquifer recharge area must comply with local building code requirements and must conform to the following requirements: (i) All new above-ground storage facilities proposed for use in the storage of hazardous substances or hazardous wastes shall be designed and constructed so as to: a. Not allow the release of a hazardous substance to the ground, groundwaters, or surface waters; b. Have a primary containment area enclosing or underlying the tank or part thereof; and c. A secondary containment system either built into the tank structure or a dike system built outside the tank for all tanks. (3) Vehicle Repair and Servicing. (i) Vehicle repair and servicing must be conducted over impermeable pads and within a covered structure capable of withstanding normally expected weather conditions. Chemicals used in the process of vehicle repair and servicing must be stored in a manner that protects them from weather and provides containment should leaks occur. (ii) No dry wells shall be allowed in critical aquifer recharge areas on sites used for vehicle repair and servicing. Dry wells existing on the site prior to facility establishment must be abandoned using techniques approved by the State Department of Ecology prior to commencement of the proposed activity. (4) Water reuse projects for reclaimed water must be in accordance with the adopted water or sewer comprehensive plans that have been approved by the State Departments of Ecology and Health. (i) Use of reclaimed water for surface percolation must meet the groundwater recharge criteria given in RCW 90.46.010(10) and 90.46.080(1). The State Department of Ecology may establish additional discharge limits in accordance with RCW 90.46.080(2). (ii) Direct injection must be in accordance with the standards developed by authority of RCW 90.46.042. (5) Automobile washers as defined in Chapter 173-216 WAC. (6) Chemical treatment storage and disposal facilities as defined in WAC 173-303-182. (7) Hazardous waste generators, including, but not limited to: boat repair shops, biological research facilities, dry cleaners, furniture stripping, motor vehicle service garages, photographic processing, printing and publishing shops, medical and dental facilities, etc., as defined in Chapter 173-303 WAC. (8) Junk yards and salvage yards as defined in Chapter 173-304 WAC, Best Management Practices to Prevent Stormwater Pollution at Vehicle Recycler Facilities (WDOE publication number 94-146). (9) On-site sewage systems (large scale) as defined in Chapter 173-240 WAC. (10) On-site sewage systems (less than fourteen thousand five hundred (14,500) gal./day) as defined in Chapter 246-272 WAC. (11) Pesticide storage and use as defined in Chapters 15.54 and 17.21 RCW. (12) Sawmills as defined in Chapters 173-303 and 173-304 WAC, WDOE publication number 95-53, Best Management Practices to Prevent Stormwater Pollution at Log Yards. (13) Solid waste handling and recycling facilities as defined in Chapter 173-304 WAC. (14) Wastewater application to land surface as defined in Chapters 173-216 and 173-200 WAC, and WDOE Land Application Guidelines, Best Management Practices for Irrigated Agriculture. (15) New impervious surface area exceeding twenty thousand (20,000) square feet. (16) Beneficial use of biosolids as defined in Chapter 173-308 WAC. (17) Golf courses, provided: (i) Fertilizer use is not above agronomic rates; (ii) Pesticides are managed and applied by properly licensed personnel, and use of all pesticides is approved by the affected water utility; (iii) The golf course allows for periodic monitoring by the Department or an affected water utility. (18) Noncommercial gravel and sand mining, provided the extraction of materials remains no less than ten (10) feet above the level of the aquifer. (c) Affected Agency Review. The City will notify Kitsap County Health District and affected water w process on all proposed projects defined in subsection (b) of this section or other uses not explicitly allowed or prohibited in BMC 20.14.430. The City in conjunction with these agencies may approve, deny, or condition proposals. (d) Inspection. City personnel may inspect at reasonable times, upon presentation of credentials, as part of its wellhead protection program any activity that is known to manage or potentially manage hazardous materials. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.450 HYDROGEOLOGIC ASSESSMENT. The assessment shall address the impact the proposed land use will have on both the quality and quantity of the water transmitted to the aquifer. (a) The assessment shall be submitted to the Department and shall address, at a minimum, the following criteria: (1) Surficial soil type and geologic setting; (2) Location and identification of wells within one thousand (1,000) feet of the site; (3) Location and identification of surface water bodies and springs within one thousand (1,000) feet of the site with recharge potential; (4) Description of underlying aquifers and aquitards, including water level, gradients and flow direction; (5) Available surface water and groundwater quality data; (6) Effects of the proposed development on water quality; (7) Sampling schedules required to assure water quality; (8) Discussion of the effects of the proposed development on the groundwater resource; (9) Recommendations on appropriate BMPs (best management practices) or mitigation to assure no significant degradation of groundwater quality; and (10) Other information as required by the Kitsap County Health District. (11) The assessment shall also address the types of pesticides, herbicides and fertilizers that can safely be used for the care of landscaping proposed by the applicant. (b) The hydrogeologic assessment shall be prepared by a professional geologist/hydrologist or by a soil scientist with a strong background in geology (see definition of "Qualified professional" in BMC 20.14.200). (c) Applications for development or operations with underground storage of petroleum products will be processed using the appropriate procedure as specified in existing Kitsap County ordinances. (d) Analysis for a specific parcel(s), using the criteria outlined below, will be employed to confirm if the soils present require a recharge area designation. Data collection will include, at a minimum, six (6) soil logs to a depth of ten (10) feet (or to a depth four (4) feet below the lowest proposed excavation point whichever is greater) for each acre in the parcel(s) being evaluated. At least one (1) well, two hundred (200) feet or greater in depth with an adequate drilling report, must be available within one (1) mile. The associated data shall be analyzed and included in the hydrogeologic assessment to determine the presence of highly permeable soils with the recharge area designation. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.500 FREQUENTLY FLOODED AREAS. BMC 20.14.500 through 20.14.530 pertain to frequently flooded areas. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.510 DESCRIPTION AND PURPOSE. It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas caused by flooding, while protecting the functions and values of the floodplains. In addition, this section will give special consideration to anadromous fish habitat in combination with BMC 20.14.700, Fish and Wildlife Habitat Conservation Areas. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.520 CLASSIFICATION AND DESIGNATION. Frequently flooded areas are those areas established as areas of special flood hazard under Chapter 17.60 BMC, Floodplain Management. Under Chapter 17.60 BMC, this includes those areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for Kitsap County and Incorporated Areas" dated November 4, 2010, and any revisions thereto, with accompanying flood insurance rate maps (FIRM), and any revisions thereto. The best available information for flood hazard area identification as outlined in BMC 17.60.140(b) shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under BMC 17.60.140(b). (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.530 DEVELOPMENT STANDARDS. (a) All development proposals shall comply with Chapter 17.60 BMC for general and specific flood hazard protection. Development shall not reduce the base flood water storage ability. Construction, grading or other regulated activities that would reduce the flood water storage ability must be mitigated by creating compensatory storage on or off site. (b) Base flood data and flood hazard notes shall be shown on the face of any recorded plat or site plan including, but not limited to, base flood elevations, flood protection elevation, boundary of floodplain, and zero rise floodway. (c) Unless exempted in subsection (d) of this section, when development occurs within the floodplain, a habitat assessment is required, that is prepared in accordance with Regional Guidance for Floodplain Habitat Assessment and Mitigation (FEMA Region X, 2010), or as hereafter amended. The assessment shall determine if the project would adversely affect: (1) The primary constituent elements identified when a species is listed as threatened or endangered; (2) Essential fish habitat designated by the National Marine Fisheries Service; (3) Fish and wildlife habitat conservation areas; (4) Vegetation communities and habitat structures; (5) Water quality; (6) Water quantity, including flood and low flow depths, volumes and velocities; (8) Spawning substrate, if applicable; and/or (9) Floodplain refugia, if applicable. (d) The following activities do not require completion of a floodplain habitat assessment: (1) Repair of existing building in its existing footprint, including damages by fire or other casualties; (2) Removal of noxious weeds; (3) Replacement of nonnative vegetation with native vegetation; (4) Ongoing activities such as lawn and garden maintenance; (5) Removal of danger trees; (6) Normal maintenance of public utilities and facilities; (7) Restoration or enhancement of floodplains, riparian areas and streams that meets federal and state standards. (Ord. 5418 §7, 2021; Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.600 GEOLOGICALLY HAZARDOUS AREAS. BMC 20.14.600 through 20.14.660 pertain to geologically hazardous areas. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.610 PURPOSE. The purpose of BMC 20.14.600 through 20.14.660 is to protect human life and property from potential risks related to development on or near geologically hazardous areas. Geologically hazardous areas include areas susceptible to erosion, sliding, geologic events, landslides, and moderate and steep slope areas. BMC 20.14.600 through 20.14.660 classify geologically hazardous areas and set development standards for development and clearing in or near geologically hazardous areas. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.620 CLASSIFICATION. The following categories shall be used in classifying geologically hazardous areas: (a) Areas of high geologic hazard are areas meeting either of the following two (2) criteria: (1) Areas with slopes greater than forty (40) percent with vertical relief of ten (10) or more feet; or (2) Areas with slopes greater than thirty (30) percent with vertical relief of ten (10) or more feet, and any of the following characteristics: (i) Unstable soil or shoreline classified as "unstable" (U), "unstable old slides" (UOS), "unstable recent slides" (URS), or "intermediate" (I) by the U.S. Department of Agriculture Soil Conservation Service, U.S. Geologic Survey, the Washington Department of Ecology Coastal Zone Atlas, or qualified geologist or geotechnical engineer; (ii) Groundwater seepage or springs present on the slope, areas underlain by impermeable silts or clays, or mappable emergent water; (iii) Erosion hazard as indicated by potential for stream or wave incision or as classified as "highly erodible" or "potentially erodible" by the Natural Resources Conservation Service; (iv) Seismic areas subject to liquefaction from earthquakes such as hydric soils as identified by the Natural Resources Conservation Service, and areas that have been filled to make a site more suitable. (b) Areas of moderate geologic hazard are any areas with slopes of thirty (30) percent or greater and vertical relief of ten (10) or more feet, and any areas with slopes of fifteen (15) percent to thirty (30) percent with vertical relief of ten (10) or more feet and any of the characteristics per subsections (a)(2)(i) through (iii) of this section. Seismic hazard areas subject to liquefaction from earthquakes, areas with hydric soils, and areas of loose fill shall be classified as moderate geologic hazard areas regardless of percent slope. (c) Site-Specific Determination. Site-specific geological reports may be used to determine the classification of a potentially geologically hazardous area in either of the following cases: (1) When an applicant questions the information the Department must rely on to determine whether a location is classified as a geologically hazardous area, the applicant may submit an appropriate site- specific geological report. If supportable by the geological report, the Department may make a nongeologically hazardous determination. (2) The Department is authorized but not mandated to require submittal of a geological report for any proposal on a site with slopes of fifteen (15) percent or greater and vertical relief of ten (10) or more feet, or potential seismic hazard areas. Requests by the Department for submittal of a geological report may be made when slope percentages are poorly documented, or when it is deemed through site visit, close proximity to mapped areas of unstable soils, previously prepared geological reports in the vicinity, or other pertinent information that a probable likelihood of soil instability per subsection (a)(2)(i) through (iv) of this section exists on the site. The Department shall not make requests for geological reports in cases where slope percentages are well documented and there is a probable likelihood of stable soil characteristics on the site. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.630 DEVELOPMENT STANDARDS. The following standards shall apply to any land or vegetation modification or construction within a geologically hazardous area as classified per BMC 20.14.620 and its buffer as described herein. The Department will approve, approve with conditions or deny the development proposal based on its ability to meet the development standards. The Department will also consider any proposed mitigation measures or buffer reductions included in a geotechnical report per subsection (c) of this section. (a) Areas of high geologic hazard as classified per BMC 20.14.620(a) shall be subject to the following standards: (1) Building and Impervious Surface Buffer. No construction of any structure or impervious surface is allowed within fifty (50) feet of the top and toe of the slope, unless reductions supportable by a geotechnical report are approved. (2) Native Vegetation Buffer. Native vegetation shall be in place from the toe of the slope to twenty- five (25) feet beyond the top of the slope, unless modifications supportable by a geotechnical report are approved. Native vegetation shall meet the standards of subsection (g) of this section. (b) Areas of moderate geologic hazard as classified per BMC 20.14.620(b) shall be subject to the following standards: (1) Building and Impervious Surface Buffer. No construction of any structure or impervious surface is allowed within twenty-five (25) feet of the top and toe of the slope, unless reductions supportable by a geotechnical report are approved. (2) Native Vegetation Buffer. Native vegetation shall be in place from the toe of the slope to twenty- five (25) feet beyond the top of the slope, unless modifications supportable by a geotechnical report are approved. Native vegetation shall meet the standards of subsection (g) of this section. (c) Reductions with Geological or Geotechnical Report. Modifications and/or reductions to the buffers prescribed per subsections (a)(1) and (2) and (b)(1) and (2) of this section may be granted if a geotechnical or geological report demonstrates that modified or reduced buffers, through design and engineering solutions, will provide protection to the proposed development and adjacent properties equal to that of the standard buffer. Such reports are subject to third-party review per BMC 20.14.660(h). Reductions shall utilize the mitigation and performance standards listed per BMC 20.14.650 to the greatest possible extent. Requirements for geotechnical and geological reports are outlined in BMC 20.14.660. (d) Buffer Increase. Should the Department determine based on a geological or geotechnical report that greater buffers than required per subsections (a)(1) and (2) and (b)(1) and (2) of this section are necessary to protect the proposed development and adjacent properties, greater buffers may be required. The Department may require an applicant to submit a geotechnical report with any proposal for land alteration that is located within two hundred (200) feet of an area of high or moderate geologic hazard if it determines through site visit, review of available documents, or history of prior events in the area, that the proposal could potentially require increased buffers to ensure safety. (e) Elimination of Danger Trees. Within high or moderate geologic hazard areas, removal of danger trees may be allowed only if such activity is approved by the Department, provided a certified arborist in the State of Washington makes a written determination that the trees proposed for elimination present a legitimate safety hazard. (f) Vegetation Thinning. Within high or moderate geologic hazard areas, minor pruning of vegetation or trees for view enhancement may be allowed only if such activity is approved by the Department. The following are allowable methods and techniques for vegetation thinning, except that mature or old- growth trees shall only be treated per method in subsection (f)(5) of this section: (1) Tree Thinning. The selective removal of branches in the inner crown of the tree, provided no more than twenty--bearing crown is removed. An even distribution of interior small branches and foliage on remaining limbs shall be maintained to avoid over-thinning. (2) Tree Raising. The removal of the lower branches of a tree in order to provide clearance for passage or vistas. After raising, the height of the pruned portion shall not exceed one-third (1/3) of the total tree height; provided, that removal of branches from the lower portion shall not exceed twenty-five (25) -bearing crown. (3) Tree Reduction. Reducing the height or spread of a tree for clearance or vistas by selectively removing leaders and terminals of branches. Cuts should be made to lateral branches at unions, whereby the cut branch is at least one-third (1/3) the diameter of the stem at the union. No more than twenty- five (25) percent of a tre reduction is necessary for functions such as utility clearance. (4) Tree Topping. Topping shall be used as a last resort when it can be demonstrated that methods in subsections (f)(1) through (3) of this section are not feasible, or when it can be demonstrated by a certified arborist that topping is less harmful to the particular species of tree than other listed methods. Topping is the indiscriminate cutting of branches and laterals to stubs at a specific tree height or spread, often exceeding twenty- unsightly regrowth that requires future trimming at frequent intervals. When tree topping is used in a geologically hazardous area, the root system shall remain in place. (5) Pruning Mature Trees. Mature and old-growth trees are more susceptible to permanent damage or death from pruning. Pruning of mature trees should only be done as a corrective or preventative measure, such as the removal of decayed, rubbing, or crowded branches. (6) Brush Removal. Clearing of noninvasive brush, shrubs, natural grasses and other such vegetation shall be the minimum necessary to maintain vistas, passage and other necessary functions. (g) Native Vegetation. Native vegetation shall be of appropriate plant selection and species to perform slope stabilization and erosion prevention functions. The Department may require vegetation enhancement with appropriate species, and may call for an analysis of the relationship between vegetation and slope stability per BMC 20.14.660(e)(1). Valid scientific resources such as Washington State Department of Ecology documents "Vegetation Management: A Guide For Puget Sound Bluff Property Owners" and "Erosion Control Using Vegetation" should be consulted when vegetation is proposed for slope stabilization and erosion control purposes. (h) Erosion Control. Clearing or grading of any area within a high or moderate geologic hazard area or within two hundred (200) feet of the high or moderate geologic hazard area shall be limited to the period between May 1st to October 1st, unless the applicant provides an erosion and sedimentation control plan prepared by a qualified professional licensed in the State of Washington that specifically and realistically identifies methods of erosion control for wet weather conditions. All land modification proposals shall be consistent with the guidelines set forth in BMC 15.04.090, Stormwater Systems/Engineering Design and Construction Standards General. The faces of all cut and fill slopes shall be protected to prevent erosion as required by the engineered erosion and sedimentation control plan. (i) Stormwater Runoff. At no time shall concentrated stormwater runoff be allowed to surface flow directly over a moderate or high geologically hazardous area or its buffer on a subject site or on neighboring properties. To reduce potentially harmful stormwater runoff discharge from impervious surfaces, the Department may approve reductions to required parking standards, provided it can be demonstrated that such reductions would not significantly impact neighboring properties. Stormwater discharge shall meet all standards set forth in BMC 15.04.090, Stormwater Systems/Engineering Design and Construction Standards General. (j) Significant Development Risk. In cases where a geotechnical report indicates a significant risk to public health, safety and welfare, the Department shall deny or require revision of the site development proposal. (k) Utilities, Trails, and Roads. The following activities are allowable within geologically hazardous areas and buffers, provided it can be demonstrated through a geotechnical report that construction will not significantly increase landslide or erosion risk: (1) Public or private trails approved by the Department per the provisions of this chapter; (2) Public or private utilities; (3) Public roads and related infrastructure. (l) On-Site Sewage Disposal. On-site sewage disposal should be avoided in areas of high geologic hazard and their buffers. In cases where such areas cannot be avoided, review by a geologist or a geotechnical engineer licensed in the State of Washington will be required in coordination with the Kitsap County Health District. (m) Construction for Earthquake Loads. All construction must meet the requirements of the City Building Code as set forth in Chapter 17.04 BMC. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5209 §4, 2013: Ord. 4965 §7 (part), 2006) 20.14.650 MITIGATION, PERFORMANCE STANDARDS AND REQUIREMENTS. (a) The following project design and location techniques are preferred in areas of moderate or high geologic hazard and their buffers. The Department may condition or modify development proposals to require incorporation of such design techniques in cases where their application would increase public safety and welfare without substantially altering the allowable scope and scale of the proposal: (1) Minimize soil disturbance and vegetation removal; (2) Cluster structures to maintain natural topography; (3) Minimize building footprints and impervious surface areas; (4) Construct roads, walkways and parking areas to parallel natural contours; (5) Provide access in areas of the site with less sensitivity; (6) Avoid toe armoring at the base of banks, bluffs and near shorelines. Toe armoring is only an acceptable engineering solution when it meets the provisions of BMC 20.14.660(b), and all requirements of the Bremerton Shoreline Master Program and other sections of this chapter; (7) The following performance and mitigation standards shall apply to seismically hazardous areas; (i) Avoid construction of structures using unreinforced masonry materials in areas of hydric soils, fill, or other soils prone to liquefaction from earthquakes; (ii) When redevelopment is proposed on a site containing hydric soils, fill, or other soils prone to liquefaction from earthquakes encourage replacement or removal of existing unreinforced masonry structures; (iii) Use appropriate building footing techniques such as pilings on sites containing hydric soils, fill, or other soils prone to liquefaction from earthquakes; (iv) Avoid construction of essential public facilities, other potential emergency response facilities, and large-scale public gathering places on sites underlain by known surface fault lines. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.660 SPECIAL REPORTS. Whenever development is proposed in a geologically hazardous area as defined in BMC 20.14.620, or when the Department determines that additional soils and slope analysis is appropriate on a particular site per BMC 20.14.620(c), the applicant is required to submit a geotechnical or geological report that evaluates the surface and subsurface soil conditions on the site. (a) Qualifications. Geotechnical reports shall be prepared by a qualified professional (defined in BMC 20.14.200 under "qualified professional"). (b) General Provisions. Report recommendations for earthwork, clearing or siting structures in geologically hazardous areas shall be based on existing site conditions rather than measures that have not yet been successfully approved or constructed (e.g., slope recontouring, retaining walls, bulkheads, etc.). Shoreline bulkheads and retaining walls may only be utilized as an engineering solution where it can be demonstrated that: (1) An existing structure or existing public facility such as roads cannot be safely maintained without such measures; (2) Other nonstructural methods of beach stabilization have been considered and determined infeasible; and (3) The resulting stabilization structure is the minimum necessary to provide stability for the existing structure and appurtenances. (c) Minor Repairs. Minor repair activities on existing permitted structures (i.e., those that do not involve design modifications, changes in structure location, and/or demolition or abandonment of failed structure and replacement with new structures) are not subject to the following project submittal requirements. (d) Geological Reports. A geological report is required for site development proposals that involve development activities within a geological hazardous area or its buffer per BMC 20.14.630(c), but do not require an engineered solution. The following minimum information is required: (1) Description of surface and subsurface conditions, including ground materials, vegetation, surface drainage, groundwater, and a preliminary geologic hazard assessment which includes the location of structures and the identification of the slope and/or coastal processes occurring at the site and factors that contribute to them; (2) Review of available information, literature, and mapping; (3) Detailed description of slope and other topographic features; and (4) Conceptual siting of structure and general recommendation which include methods and practices that avoid and/or reduce slope and shore impacts. Minimum recommendations should include upland and slope drainage control, groundwater control, site vegetation management, and erosion control. (e) Geotechnical Reports. A geotechnical report is required when the Department or geological report determines that a site development proposal requires additional site information such as engineering design recommendation, slope stability analysis, subsurface exploration and testing, coastal process analyses, or construction recommendations. Depending on the level of activity proposed, the report will either be a more limited geotechnical slope evaluation report, or a full geotechnical design investigation report as described below: (1) Geotechnical Slope Evaluation Report. A geotechnical slope evaluation report is required when slope stability analyses are confined to existing surface and/or drainage conditions, including the relationship of natural and constructed slope features to proposed changes in environmental conditions such as drainage, vegetation removal and slope geometry. The following minimum information is required: (i) All information under subsection (d) of this section; (ii) Subsurface data, exploration logs, and testing data, when required by the geotechnical engineers; (iii) Estimated (or surveyed) contour map and site plan, and the Department may require ground surface profiles and typical cross-sections; (iv) Relative location of ordinary high water (OHW) on the surface profile and cross-sections which include mean higher high water (MHHW) for the site location, where applicable; (v) Soil strength parameters; (vi) Stability analysis of existing site; (vii) Analysis of the relationship of vegetation and slope stability; and (viii) Conceptual site development plans and cross-sections. (2) Geotechnical Design Investigation Report. A geotechnical design investigation report is required for site development activities that propose design and construction measures at the slope crest, face and/or toe. If a designed structure does not impact slope stability or coastal processes, the report will not be required to perform all items listed under this section, as long as each item is addressed and the report details why a particular item does not apply. The following information is required: (i) All the information required under subsection (e)(1) of this section; (ii) Geotechnical requirements and measures to reduce risks; (iii) Geotechnical criteria used for any designs including all critical dimension, lateral earth pressures, soil-bearing pressures, location and limits of structure on or near the slope, maximum constructed slope angles, minimum soil reinforcement embedment, soil compaction requirements, and structure heights; (iv) Temporary construction slope stability recommendation and analyses of proposed final site stability measures; (v) Required construction specification and construction monitoring procedures; (vi) Revegetation and surface and groundwater management requirements; (vii) Evaluation of erosion potential and recommendations for erosion avoidance and any proposed mitigation measures; and (viii) Detailed tabulation of all basic geotechnical engineering test results pertinent to design and construction, and when required for clarification, detailed examples of tests conducted for the project. (f) Revisions to Geotechnical Reports. Further recommendations shall be provided by the geotechnical engineer should there be additions or exceptions to the original recommendation based on the plans, site condition, or other supporting data. If the geotechnical engineer who revises the plans and specification is not the same engineer who prepared the geotechnical report, the new engineer shall, in a letter to the Department, express his or her agreement or disagreement with the recommendations in the geotechnical report and state whether the plans and specification conform to his or her recommendations. (g) Plan and Specification Review. When the engineered solutions are proposed, the geotechnical engineer shall submit a statement that in his or her judgment, the plans and specifications (if prepared by others) conform to the recommendations in the geotechnical report and that all portions of the site which are disturbed or impacted by the proposed development have appropriate measures or specification that permit construction to occur while addressing slope stability so that the work does not create additional risk. The statement shall also indicate whether or not a relative gain in slope stability will be achieved after construction is complete. (h) Monitoring and Third-Party Review. (1) To protect public health, safety and welfare, the Department may call for a third-party review of any geotechnical report in cases where it determines there may be substantial damage to life, property or the environment should a proposed engineered solution fail. When a third-party review is required, costs incurred for a qualified third-party geotechnical engineer to perform the review shall be borne by the applicant. (2) Where revegetation or plantings are proposed as a method to ensure slope stability, a monitoring program shall be included as a part of the approved geotechnical report. To ensure that the performance standards of the approved geotechnical report are met, the vegetation shall be monitored for a minimum of five (5) years. A longer monitoring period may be required by the City based on either the initial report, or a review of subsequent monitoring reports. The monitoring reports shall be submitted on August 1st of each year during the monitoring period. (i) Construction Inspection. A final inspection report shall be provided by the geotechnical engineer stating that construction has or has not implemented the design recommendations of the geotechnical report, and evaluation of any deviation from the design recommendations. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.700 FISH AND WILDLIFE HABITAT CONSERVATION AREAS. BMC 20.14.700 through 20.14.760 pertain to fish and wildlife habitat conservation areas. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.710 DESCRIPTION AND PURPOSE. The intent of these regulations is to avoid impacts to streams, riparian habitat, anadromous fish, and wildlife conservation areas where such avoidance is feasible and reasonable. This section of the City Code contains standards, guidelines, criteria and requirements intended to identify, evaluate and mitigate potential impacts to habitat conservation areas within the City and to enhance degraded habitat and streams in appropriate cases. In appropriate circumstances, impacts resulting from regulated activities may be minimized, rectified, reduced and/or compensated for, consistent with this chapter. The regulations are to manage land so as to maintain fish and wildlife species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created and achieve no net loss in fish or wildlife habitat or stream functions. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.720 CLASSIFICATION AND DESIGNATION OF FISH AND WILDLIFE HABITAT CONSERVATION AREAS. Classification and designation of fish and wildlife habitat conservation areas is an ongoing process; while not all of the following critical habitat conservation areas are known to exist in the City, their designation here allows for future categorization for protection. The following categories shall be used for relevant development standards of BMC 20.14.730. (a) Streams and River Shorelines. All streams and river shorelines which meet the criteria for Type S, F, Np or Ns waters as set forth in WAC 222-16-030 of the Department of Natural Resources Water Typing System. (1) Type S water means all waters, within their bankfull width, as inventoried as "shorelines of the state" under Chapter 90.58 RCW and the rules promulgated pursuant to Chapter 90.58 RCW including periodically inundated areas of their associated wetlands. (2) Type F water means segments of natural waters other than Type S waters, which are within the bankfull widths of defined channels and periodically inundated areas of their associated wetlands, or within lakes, ponds, or impoundments having a surface area of one-half (1/2) acre or greater at seasonal low water and which in any case contain fish habitat or are described by one (1) of the following four (4) categories: (i) Waters, which are diverted for domestic use by more than ten (10) residential or camping units or by a public accommodation facility licensed to serve more than ten (10) persons, where such diversion is determined by the Department to be a valid appropriation of water and the only practical water source for such users. Such waters shall be considered to be Type F water upstream from the point of such diversion for one thousand five hundred (1,500) feet or until the drainage area is reduced by fifty (50) percent, whichever is less; (ii) Waters, which are diverted for use by federal, state, tribal or private fish hatcheries. Such waters shall be considered Type F water upstream from the point of diversion for one thousand five hundred (1,500) feet, including tributaries if highly significant for protection of downstream water quality. The Department may allow additional harvest beyond the requirements of Type F water designation, provided the Department determines after a landowner-requested on-site assessment by the Department of Fish and Wildlife, Department of Ecology, the affected tribes and interested parties that: a. The management practices proposed by the landowner will adequately protect water quality for the fish hatchery; and b. Such additional harvest meets the requirements of the water type designation that would apply in the absence of the hatchery; (iii) Waters, which are within a federal, state, local, or private campground having more than ten (10) camping units; provided, that the water shall not be considered to enter a campground until it reaches the boundary of the park lands available for public use and comes within one hundred (100) feet of a camping unit, trail or other park improvement; (iv) Riverine ponds, wall-based channels, and other channel features that are used by fish for off- channel habitat. These areas are critical to the maintenance of optimum survival of fish. This habitat shall be identified based on the following criteria: a. The site must be connected to a fish habitat stream and accessible during some period of the year; and b. The off-channel water must be accessible to fish. (3) Type Np water means all segments of natural waters within the bankfull width of defined channels that are perennial nonfish habitat streams. Perennial streams are waters that do not go dry any time of a year of normal rainfall. However, for the purpose of water typing, Type Np waters include the intermittent dry portions of the perennial channel below the uppermost point of perennial flow. If the uppermost point of perennial flow cannot be identified with simple, nontechnical observations (see board manual, section 23), then Type Np waters begin at a point along the channel where the contributing basin area is: (i) At least thirteen (13) acres in the Western Washington coastal zone (which corresponds to the Sitka spruce zone defined in Franklin and Dyrness, 1973); (ii) At least fifty-two (52) acres in other locations in Western Washington; or (iii) At least three hundred (300) acres in Eastern Washington. (4) Type Ns water means all segments of natural waters within the bankfull width of the defined channels that are not Type S, F, or Np waters. These are seasonal, nonfish habitat streams in which surface flow is not present for at least some portion of a year of normal rainfall and are not located downstream from any stream reach that is a Type Np water. Type Ns waters must be physically connected by an above-ground channel system to Type S, F, or Np waters. (b) Saltwater Shorelines and Lakes Twenty (20) Acres and Greater in Surface Area. Those saltwater shorelines and lakes defined as shorelines of the state in the Shoreline Management Act of 1971 and the Bremerton Shoreline Master Program as amended. Shorelines include: Type S waters as set forth in WAC 222-16-030 (DNR Water Typing System) as amended; commercial and recreational shellfish areas; kelp and eelgrass beds; and forage fish spawning areas (i.e., herring, smelt, and sand lance). (c) Lakes Less than Twenty (20) Acres in Surface Area. Those lakes which meet the criteria for Type F, Np, and Ns waters as set forth in WAC 222-16-030 as amended. This includes lakes and ponds less than twenty (20) acres in surface area and their submerged aquatic beds, lakes, and ponds planted with game fish by a governmental or tribal authority. (d) Class I Fish and Wildlife Conservation Areas. (1) Habitats and species recognized by federal or state agencies for federal and/or state-listed endangered, threatened and sensitive species that have primary association documented in maps or databases available to the City and that, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. (2) Areas that contain habitats and species of local importance. These areas are identified by the City, including but not limited to those habitats and species that, due to their population status or sensitivity to habitat manipulation, warrant protection. Habitats may include a seasonal range or habitat element with which a species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. Habitats of local importance can include attributes such as comparatively high wildlife density, high wildlife species richness, significant wildlife breeding habitat, seasonal ranges or movement corridors of limited availability and/or high vulnerability. These habitats may include cliffs, meadows, old-growth/mature forests, snag-rich areas, and urban natural open spaces. (e) Class II Fish and Wildlife Conservation Areas. (1) Habitats for state-listed candidate and monitored species documented in maps or databases available to the City, which if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. (2) Habitats that have been identified through maps, databases, reports, or studies that include attributes such as comparatively high wildlife density, high wildlife species richness, significant wildlife breeding habitat, seasonal ranges or movement corridors of limited availability and/or high vulnerability. These habitats may include caves, cliffs, meadows, old-growth/mature forests, snag-rich areas, talus slopes, and urban natural open space. (f) Habitats and Species of Local Importance. The City should accept and consider nominations for habitat areas and species to be designated as locally important. (1) Habitats and species to be designated shall exhibit the following characteristics: (i) Local populations of native species are in danger of extirpation based on existing trends; (ii) Local populations of native species that are likely to become endangered; or (iii) Local populations of native species that are vulnerable or declining. (2) The species or habitat has recreation, commercial, game, tribal, or other special value. (3) Long-term persistence of a species locally is dependent on the protection, maintenance, and/or restoration of the nominated habitat. (4) Protection by other county, state, or federal policies, laws, regulations, or nonregulatory tools is not adequate to prevent degradation of the species or habitat in the City. (5) Without protection, there is likelihood that the species or habitat will be diminished locally over the long term. (6) Areas nominated to protect a particular habitat or species must represent either high-quality native habitat or habitat that has a high potential to recover to a suitable condition and which is of limited availability, highly vulnerable to alteration, or provides landscape connectivity which contributes to the integrity of the surrounding landscape. (7) Habitats and species may be nominated for designation by any person. (8) The nomination should indicate whether specific habitat features are to be protected (for example, nest sites, breeding areas, and nurseries), or whether the habitat or ecosystem is being nominated in its entirety. (9) The nomination may include management strategies for the species or habitats. Management strategies must be supported by the best available science, and where restoration of habitat is proposed, a specific plan for restoration must be provided prior to nomination. (10) The Director shall determine whether the nomination proposal is complete and, if complete, shall evaluate it according to the characteristics enumerated in subsection (f)(1) of this section and make a recommendation to the Planning Commission based on those findings. (11) The Planning Commission shall hold a public hearing for proposals found to be complete and make a recommendation to the City Council based on the characteristics enumerated in subsection (f)(1) of this section. (12) Following the recommendation of the Planning Commission, the City Council shall decide whether to designate a habitat or species of local importance by resolution. (13) Establishment of Specific Rules for Protection. Within one hundred twenty (120) days of the effective date of an ordinance designating a species or habitat of local importance, the Director shall develop an administrative rule addressing protection in compliance with this section. (14) Development Standards. Regulated uses in designated fish and wildlife habitat conservation areas and/or buffers shall comply with the performance standards outlined in this section. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.730 DEVELOPMENT STANDARDS. For the purposes of this title, a designated fish and wildlife habitat conservation area with its buffer is a critical area. Those regulated uses identified below within designated fish and wildlife habitat conservation areas shall comply with the performance standards outlined in this chapter. A habitat management plan (HMP) is a site investigation to evaluate the potential presence or absence of a regulated fish or wildlife species or habitat affecting a subject property and proposed development. (a) Endangered, Threatened, and Sensitive Species. (1) No development shall be allowed within a habitat conservation area or buffer with which state or federally endangered, threatened, or sensitive species have a primary association, except that which is provided for by a habitat management plan (HMP). (2) Whenever activities are proposed adjacent to a habitat conservation area with which state or federally endangered, threatened, or sensitive species have a primary association, such area shall be protected through the application of protection measures in accordance with an HMP prepared by a qualified professional and approved by the City. Approval for alteration of land adjacent to the habitat conservation area or its buffer shall not occur prior to consultation with the Washington Department of Fish and Wildlife for animal species, the Washington State Department of Natural Resources for plant species, and other appropriate federal or state agencies. (b) Anadromous Fish. (1) All activities, uses, and alterations proposed to be located in water bodies used by anadromous fish or in areas that affect such water bodies shall give special consideration to the preservation and enhancement of anadromous fish habitat, including, but not limited to, adhering to the following standards: (i) Activities shall be timed to occur only during the allowable work window as designated by the Washington Department of Fish and Wildlife for the applicable species; (ii) If alternative alignment or location for the activity is not feasible, then activities shall be designed so that it will not degrade the functions or values of the fish habitat or other critical areas; (iii) Shoreline erosion control measures shall be designed to use bioengineering methods or soft armoring techniques, according to an approved critical area report; and (iv) Any impacts to the functions or values of the habitat conservation area are mitigated in accordance with an approved habitat management plan. (2) Structures that prevent the migration of salmonids shall not be allowed in the portion of water bodies currently or historically used by anadromous fish. Fish bypass facilities shall be provided that allow the upstream migration of adult fish and shall prevent fry and juveniles migrating downstream from being trapped or harmed. (3) Fills, when authorized by the Shoreline Master Program, shall not adversely impact anadromous fish or their habitat or shall mitigate any unavoidable impacts and shall only be allowed for a water- dependent use. (c) Wetland Habitats. All proposed activities within or adjacent to habitat conservation areas containing wetlands shall conform to the wetland development performance standards set forth in BMC 20.14.300. If nonwetlands habitat and wetlands are present at the same location, the provisions of this chapter or the wetlands chapter, whichever provides greater protection to the habitat, apply. (d) Buffers and Associated Building Setback Areas. The distance shall be measured from the ordinary high water mark (OHM) or from the top of the bank where the OHM cannot be identified. Buffers shall remain undisturbed natural beach or vegetation areas except where the buffer can be enhanced to improve its functional attributes, as approved by the Department. Buffers shall be maintained along the perimeter of fish and wildlife habitat conservation areas, as listed below in Table 1 of this section. Refuse shall not be placed in buffers. Alteration of buffer areas and building setbacks may be allowed for water- dependent and water-related activities and for other development authorized by an HMP, reasonable use exceptions, general exemptions,standards for existing (nonconforming) development, and variances in general exemptions, BMC 20.14.145. 20.14.730 Table 1: Water Type Buffer Standards Water Types Attributes Minimum Building Setback Buffer Width Standard S Saltwater and Freshwater See Shoreline Master Program for buffer and minimum building setback F Fish habitat waters 15 feet beyond buffer 150 feet Np Year-round, nonfish habitat 15 feet beyond buffer 50 feet Ns Seasonal, nonfish habitat 15 feet beyond buffer 35 feet (1) Buffers. Where existing buffer area vegetation along Type F, Np, and Ns waters provide minimal veg requirements of the Department of Ecology and Fish and Wildlife), buffer enhancement shall be required when buffers are directly impacted or reduced. Enhancement should be conducted at a minimum one and one-half to one (1.5:1) ratio to mitigate direct impacts or buffer reduction. On a case- by-case basis, the Director may consider a smaller enhancement ratio, no less than one to one (1:1), where the applicant provides a greater density of on-center plant spacing than required. Where buffer enhancement is required, a plan shall be prepared that includes plant densities that are not less than three (3) feet on center for shrubs and eight (8) feet on center for trees. Separate tree spacing requirements for buffer area vegetation triggered by development within shoreline jurisdiction (via a Vegetation Management Plan) can be found under Shoreline Master Program Section 7.020(a)(5). Monitoring and maintenance of plants shall be required in accordance with BMC 20.14.760, Monitoring and contingency plan. Existing buffer vegetation is considered "inadequate" and will require enhancement through additional native vegetation and removal of nonnative plants when: (i) Nonnative or invasive plant species provide the dominant cover; (ii) Vegetation is lacking due to disturbance and marine, stream, or habitat resources could be adversely affected; or (iii) Enhancement vegetation in the buffer could significantly improve buffer functions. (2) "Minimum building setback" is the required horizontal distance between the finished exterior wall of a structure and the edge of the buffer of the lot on which the structure is located. All portions of a structure must be located away from the buffer a distance equal to or greater than the minimum setback. Uses not requiring a permit defined in the City Building Code as set forth in Chapter 17.04 BMC may be permitted in the setback if the Department determines that such intrusions will not adversely impact the fish and wildlife habitat conservation area. (3) Stream Buffer Measurement. Streams shall be classified according to the stream type system as provided in WAC 222-16-031, Interim water typing system. Stream buffer areas are defined by these classifications, as shown in Table 1 of this section. Buffers shall be measured from the ordinary high water mark (OHM) or from the top of the bank where the OHM cannot be identified. The buffer width shall be increased to include streamside wetlands which provide overflow storage for stormwaters, feed water back to the stream during low flows or provide shelter and food for fish. In braided channels, the OHM or top of bank shall be defined so as to include the entire stream feature. (4) Buffer Averaging. For buffering averaging for areas within the areas of shoreline jurisdiction, please refer to Shoreline Master Program Section 7.010(c)(5). For all other areas, buffer widths may be modified by averaging buffer widths as long as the total area contained within the buffer after averaging is no less than the required buffer prior to averaging, and as set forth below. A buffer enhancement plan shall be required for any request for buffer averaging. The enhancement plan shall be similar to a mitigation plan, and include provisions for mitigation monitoring and contingency plans. Buffer width averaging shall be allowed only where the applicant demonstrates through a report prepared by a qualified biologist or habitat specialist with five (5) y (i) Buffer averaging is necessary to avoid a hardship caused by circumstances to the property; (ii) The habitat contains variations in sensitivity due to existing physical characteristics, or the buffer varies in characteristics and it would benefit from a wider buffer in places and would not be adversely impacted by a narrower buffer in other places; (iii) Lower intensity land uses would be located adjacent to areas where the buffer width is reduced; (iv) The widest portion of the buffer shall be the area where the habitat is most sensitive; (v) Buffer width averaging will not adversely impact fish and wildlife habitat conservation areas; (vi) The buffer width may be reduced by thirty-five (35) percent of the standard buffer, but not less than thirty-five (35) feet unless provided for by a habitat management plan. (5) Buffer Reduction. Buffers and associated building setbacks may be reduced where the applicant demonstrates through an approved HMP relying on best available science and prepared by a qualified provide equal or better protection than the larger buffer, but shall not be reduced by more than thirty- five (35) percent. Enhancement techniques can include, but are not limited to: (i) Planting of native trees or shrubs, increasing the diversity of plant cover types, replacing exotic species with native species, or reestablishing fish areas adjacent to a marine shoreline or stream where one currently does not exist will result in improved function of the fish habitat; (ii) Fish barrier removal to restore accessibility to resident or anadromous fish; (iii) Fish habitat enhancement using log structures incorporated as part of a fish habitat enhancement plan; (iv) Stream and/or retention/detention pond improvements: a. Removal or modification of existing stream culverts (such as at road crossings) to improve fish passage and flow capabilities, or b. Upgrade of retention/detention facilities or other drainage facilities beyond required levels to provide a more naturalized habitat; (v) Removal of existing bulkheads to improve fish spawning and habitat areas; (vi) Daylighting a stream that was previously culverted or piped, or daylighting box culverts or trestles. (6) Stormwater Management Facilities. Stormwater management facilities, limited to stormwater dispersion outfalls and bioswales, may be allowed within the outer twenty-five (25) percent of the buffer; provided, that: (i) No other location is feasible; and (ii) The buffer is over one hundred (100) feet in width; and (iii) The location of such facilities will not degrade the functions or values of the stream and/or habitat area shown through an approved HMP. (7) Low-Impact Development (LID) Facilities. LID facilities may be allowed within stream buffers; provided, that: (i) No other location is feasible; and (ii) The buffer is over one hundred (100) feet in width; and (iii) The location of such facilities will not degrade the functions or values of the stream and/or habitat area shown through an approved HMP. (8) Habitat Conservation Area Buffers. For Type F, Type Np, and Type Ns waters only, habitat conservation area buffers shall be shown on the development site plans or final plat maps along with the notation requirements identified in BMC 20.58.080. (i) If an existing property has a previously delineated and approved fish and wildlife habitat conservation area and associated buffer by the City, the approved conservation area and buffer may remain in effect. Redevelopment and/or additions outside of the existing footprint shall be subject to the previously approved buffer; however, a buffer enhancement plan may be required in accordance if the habitat buffer area has become degraded or is currently not functioning or if the habitat area and/or buffer may be negatively affected by proposed new development. If, according to the buffer enhancement plan, additional buffer mitigation is not sufficient to protect the habitat, the City may require larger buffers where it is necessary to protect habitat functions based on site-specific characteristics. (e) Class I Fish and Wildlife Conservation Areas. All development as described within this chapter or within two hundred (200) feet of designated Class I wildlife conservation areas shall adhere to the following standards: (1) All sites with known locations of Class I fish and wildlife conservation areas or sites within two hundred (200) feet, or the applicable distance identified by Washington Department of Fish and Wildlife management recommendations, whichever is greater, to known locations of Class I fish and wildlife conservation areas will require, for all development permits, the submittal and approval of a habitat management plan (HMP) as specified in BMC 20.14.750. The requirement for an HMP shall be determined during the SEPA/critical areas review on the project. (2) All new development within two hundred (200) feet of habitat elements with which Class I fish and wildlife have a critical habitat, or the applicable distance identified by Washington Department of Fish and Wildlife management recommendations, whichever is greater, may require the submittal of an HMP as specified in BMC 20.14.750. The requirement for an HMP shall be determined during the SEPA/critical areas review on the project. 20.14.730 Table 2: Wildlife Habitat Conservation Areas Class I All developments within 200 ft. or applicable distance by WDFW management recommendations of a designated Class I wildlife habitat conservation area shall have buffer widths determined by a mandatory habitat management plan. Class II All development within a Class II wildlife habitat conservation area shall have the buffer widths be determined by the SEPA/critical area review on the project and may require a habitat management plan. (f) Class II Fish and Wildlife Conservation Area. All new development within Class II fish and wildlife conservation areas may require the submittal of an HMP. An HMP shall consider measures to retain and protect the wildlife habitat and shall consider effects of land use intensity, buffers, setbacks, impervious surfaces, erosion control and retention of native vegetation. The requirement for an HMP shall be determined during the SEPA/critical areas review on the project. (g) Stream Crossings. Any private or public road expansion or new construction which is allowed and must cross streams classified within this chapter shall comply with the following minimum development standards: (1) Bridges or bottomless culverts shall be required for all fish-bearing streams. Other alternatives may be allowed upon submittal of a habitat management plan which demonstrates that other alternatives would not result in significant impacts to the fish and wildlife conservation area, as determined appropriate through the Washington State Department of Fish and Wildlife, hydraulics project approval process. The plan must demonstrate that salmon habitat will be replaced on a one to one (1:1) ratio; (2) Crossings shall not occur in salmonid spawning areas unless no other feasible crossing site exists. For new development proposals, if existing crossings are determined to adversely impact salmon spawning or passage areas, new or upgraded crossings shall be located as determined necessary through coordination with the Washington State Department of Fish and Wildlife; (3) Bridge piers or abutments shall not be placed in either the floodway or between the ordinary high water marks unless no other feasible alternative placement exists; (4) Crossings shall not diminish flood carrying capacity; (5) Crossings shall serve multiple properties whenever possible; and (6) Where there is no reasonable alternative to providing a conventional culvert, the culvert shall be the minimum length necessary to accommodate the permitted activity (guidance for these projects can be found in the Washington Department of Fish and Wildlife "Fish Passage Design at Road Culverts" design manual 1999, and the National Marine Fisheries Service "Guidelines for Salmonid Passage at Stream Crossings" 2000). (h) Stream Relocations. Stream relocations for the purpose of flood protection and/or fisheries restoration shall only be permitted when adhering to the following minimum performance standards and when consistent with Washington State Department of Fish and Wildlife hydraulic project approval: (1) The channel, bank and buffer areas should be replanted with native vegetation in undisturbed riparian condition; (2) For those shorelands and waters designated as frequently flooded areas, a professional engineer licensed in the State of Washington shall provide information demonstrating that the equivalent base flood storage volume and function will be maintained; and (3) Relocated stream channels shall be designed to meet or exceed the functions and values of the stream to be relocated. (i) Pesticides, Fertilizers and Herbicides. No pesticides, herbicides or fertilizers may be used in fish and wildlife conservation areas or their buffers, except those approved by the EPA and approved under a DOE water quality modification permit for use in fish and wildlife habitat conservation area environments. Where approved, herbicides must be applied by a licensed applicator in accordance with the safe application practices on the label. (j) Land Divisions and Land User Permits. All proposed divisions of land and land uses (subdivisions, short subdivisions, residential cluster developments, conditional use permits, site plan reviews, and binding site plans) which include fish and wildlife habitat conservation areas shall comply with the following procedures and development standards: (1) The open water area of lakes, streams, and tidal lands shall not be permitted for use in calculating minimum lot area; (2) Land division approvals shall be conditioned so that all required buffers are dedicated as open space tracts or an easement or covenant encumbering the buffer. Such dedication, easement or covenant shall be recorded together with the land division and represented on the final plat, short plat or binding site plan; (3) In order to avoid the creation of nonconforming lots, each new lot shall contain at least one (1) building site that meets the requirements of this chapter, including buffer requirements for habitat conservation areas. This site must also have access and a sewage disposal system location that are suitable for development and does not adversely impact the fish and wildlife conservation area; (4) After preliminary approval and prior to final land division approval, the Department may require the common boundary between a required buffer and the adjacent lands be identified using permanent signs. In lieu of signs, alternative methods of buffer identification may be approved when such methods are determined by the Department to provide adequate protection to the aquatic buffer. (k) Trails and Trail-Related Facilities. Construction of public and private trails and trail-related facilities, such as benches, interpretive centers, and viewing platforms, may be allowed in fish and wildlife habitat conservation areas or their buffers pursuant to the following standards: (1) Trails and related facilities shall, to the extent feasible, be placed on existing road grades, utility corridors, or other such previously disturbed areas; (2) Trails and related facilities shall be planned to minimize removal of trees, shrubs, snags and important wildlife habitat; (3) Viewing platforms, interpretive centers, benches and access to them shall be designed and located to minimize disturbance of wildlife habitat and/or critical characteristics of the affected conservation area; (4) Trails, in general, shall be set back from streams so that there will be no or minimal impact to the stream from trail use or maintenance. Trails shall be constructed with pervious surfaces when feasible; (5) Trails shall be generally limited to pedestrian use unless other more intensive uses, such as bike or horse trails, have been specifically allowed and mitigation has been provided. Trail width shall not exceed five (5) feet unless there is demonstrated need, subject to review and approval by the Department. Trails shall be constructed with pervious materials unless otherwise approved by the Department; (6) Trails shall not be allowed to fully enclose a habitat area or buffer; and (7) The Department may require closure of trails during critical spawning, migration or breeding time periods of the species present. (l) Utilities. Placement of utilities within designated fish and wildlife habitat conservation areas may be allowed pursuant to the following standards and that the applicant obtains all other required state and federal approvals for any work in-water or in wetlands: (1) Utilities maintenance activities involving no material change in size or function shall be allowed within designated fish and wildlife habitat conservation areas, subject to best management practices; (2) Construction of utilities may be permitted in fish and wildlife habitat conservation areas or their buffers, only when no feasible or reasonable alternative location is available and the utility corridor meets the requirements for installation, replacement of vegetation and maintenance outlined below, and as required in the filing and approval of an HMP which may be required by this chapter; (3) Construction of sewer lines or on-site sewage systems may be permitted in fish and wildlife habitat conservation areas or their buffers when the applicant demonstrates it is necessary to meet state and/or local health code requirements, there are no other feasible alternatives available, and construction meets the requirements of this section. Joint use of the sewer utility corridor by other utilities may be allowed; (4) New utility corridors shall not be allowed in fish and wildlife habitat conservation areas with known locations of federal or state-listed endangered, threatened or sensitive species, heron rookeries or nesting sites of raptors which are listed as state candidate except in those circumstances where an approved HMP indicates that the utility corridor will not significantly impact the conservation area; (5) New utility corridor construction and maintenance shall protect the environment of fish and wildlife habitat conservation areas and their buffers by the following: (i) New utility facilities, improvements, or upgrades to existing utility facilities should take place within existing improved rights-of-way or existing impervious surfaces so that they do not increase the amount of impervious surfaces within the habitat area; (ii) New utility corridors shall be aligned when possible to avoid cutting or root damage to trees greater than twelve (12) inches in diameter at breast height (four and one-half (4-1/2) feet) measured on the uphill side; (iii) New utility corridors shall be revegetated with appropriate native or equivalent vegetation at not less than preconstruction vegetation densities or greater, immediately upon completion of construction or as soon thereafter as possible due to seasonal growing constraints. The utility shall ensure that such vegetation survives; (iv) Any additional corridor access for maintenance shall be provided wherever possible at specific points rather than by parallel roads. If parallel roads are necessary, they shall be of a minimum width but no greater than fifteen (15) feet and shall be contiguous to the location of the utility corridor on the side away from the conservation area; (6) Utility corridor maintenance shall include the following measures to protect the environment of regulated fish and wildlife habitat conservation areas: (i) Utility towers should be painted with brush, pad or roller and should not be sandblasted or spray- painted, nor should lead-based paints be used; (ii) Pesticides, Fertilizers and Herbicides. No pesticides or fertilizers may be used in fish and wildlife conservation areas or their buffers, except those herbicides approved by a licensed applicator in accordance with the safe application practices on the label. (m) Bank Stabilization. A stream channel and bank may be stabilized when naturally occurring earth movement threatens existing structures (defined as requiring a building permit pursuant to the applicable building code), public improvements, unique natural resources, public health, safety or welfare, or the only feasible access to property, and, in the case of streams and marine shorelines, when such stabilization results in maintenance of fish and wildlife habitat, flood control and improved water quality. Where bank stabilization is determined to be necessary, bioengineering or other nonstructural methods should be the first option for protection. Bulkheads and retaining walls may only be utilized as an engineering solution where it can be demonstrated that an existing residential structure cannot be safely maintained or set back without such measures, and that the resulting retaining wall is the minimum length necessary to provide a stable building area for the structure. A variance pursuant to BMC 20.58.030 must be obtained in all other cases. The Department may require that bank stabilization be designed by a professional engineer and geologist licensed in the State of Washington with demonstrated expertise in hydraulic actions of shorelines. Bank stabilization projects may also require a City grading permit and hydraulic project approval from the Washington Department of Fish and Wildlife. Nonstructural marine shoreline and stream bank protective techniques are preferred to bulkheads or other types of marine shoreline and stream bank armoring. Nonstructural techniques include but are not limited to vegetation plantings and bioengineering. Guidance for these projects can Guidelines Manual" for determining when, why, where, and what projects need to be completed to protect an eroding bank. (n) Fencing and Signs. Prior to approval or issuance of permits for land divisions and new development, the Department may require the common boundary between a required buffer and the adjacent lands be identified using fencing or permanent signs. In lieu of fencing or signs, alternative methods of buffer identification may be approved when such methods are determined by the Department to provide adequate protection to the buffer. (o) Road/Street Repair and Construction. Any private or public road or street expansion or construction which is allowed in a fish and wildlife habitat conservation area or its buffer shall comply with the following minimum development standards: (1) No other reasonable or feasible alternative exists and the road or street crossing serves multiple properties whenever possible; (2) Expansion or construction of any private or public road shall only be allowed when adverse impacts cannot be avoided; (3) Public and private roads should provide for other purposes, such as utility crossings, pedestrian or bicycle easements, viewing points, etc.; (4) The road or street construction is the minimum necessary, as required by the Department of (5) Construction time limits shall be determined in consultation with the Washington Department of Fish and Wildlife in order to ensure habitat protection. (p) Other Allowed Uses in Fish and Wildlife Conservation Areas. Other activities may be allowed using the standard for a Category II wetland buffer as identified by BMC 20.14.330(e). (Ord. 5418 §8, 2021; Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.740 SPECIAL REPORTS. Habitat Management Plan Requirements. (a) General. If the City determines that impacts to habitats may occur as a result of a development project, a habitat management plan (HMP) shall be required. The applicant may choose to complete an HMP for a site-specific analysis to better determine the impact to habitat and to determine the appropriate buffer width and associated building setbacks for their project based on the site-specific analysis. The preparation and submission of this report is the responsibility of the applicant. The report shall rely on best available science as defined in WAC 365-195-900 through 365-195-925 and shall be prepared by a qualified professional who is a biologist with five (5) years of experience preparing reports for the relevant type of habitat. The City may reta greater protection of the functions and values of critical areas can be achieved through the HMP than could be achieved through providing the prescribed habitat buffers and building setbacks. An applicant may propose to implement an HMP as a means to protect habitat buffers associated with streams and/or fish and wildlife conservation areas. Approval for an HMP shall not occur prior to the consultation with the appropriate federal or state agencies. (b) Intent. HMPs are primarily intended as a means to restore or improve buffers that have been degraded by past activity, and should preserve, and not reduce, existing high-quality habitat buffers. While not primarily intended as a means to reduce buffers, the HMP may propose a reduction of the habitat buffer width where it is shown that the HMP will comply with the other requirements of this section. (c) Effect of Buffers. An HMP shall provide habitat functions and values that are greater than would be provided by the prescribed habitat buffers. When habitat buffers are a component of an HMP, they shall be at least the minimum size necessary to accomplish the objectives of the HMP. The HMP may propose, but the City shall not require, a habitat buffer containing a greater area than is required by the prescribed habitat buffer. In a case-by-case basis, the Director may approve a departure from the prescribed habitat buffers if two (2) state or federal resource agencies or tribes support a departure from these critical area regulations that can demonstrate equal or greater protection of the critical areas. (d) Impact Mitigation. The HMP shall encompass an area large enough to provide mitigation for buffer reduction below the standard required buffers, and shall identify how the development impacts resulting from the proposed project will be mitigated as defined in BMC 20.14.750. The developer of the plan shall use the best available science in all facets of the analyses. (e) The assessment of habitats for the site and project shall at a minimum include the following information: (1) A map prepared at an easily readable scale, showing: (i) The location of the proposed development site; (ii) Property boundaries; (iii) The relationship of the site to surrounding topographic, water, and cultural features; (iv) Proposed building locations and arrangements; (v) A legend which includes a complete legal description, acreage of the parcel, scale, north arrow, and date of map revision; (2) Detailed description of vegetation on and adjacent to the project area and its associated buffer; (3) Identification of any species of local importance, priority species, or endangered, threatened, sensitive, or candidate species that have a primary association with habitat on or adjacent to the project area, and assessment of potential project impacts to the use of the site by the species; (4) A discussion of any federal, state, or local special management recommendations, including Washington Department of Fish and Wildlife habitat management recommendations, that have been developed for species or habitats located on or adjacent to the project area; (5) A detailed discussion of the direct and indirect potential impacts on habitat by the project, including potential impacts to water quality; (6) Enhancement of existing degraded buffer area and replanting of the disturbed buffer area with native vegetation; (7) The use of alternative on-site wastewater systems in order to minimize site clearing; (8) Retention of existing native vegetation on other portions of the site in order to offset habitat loss from buffer reduction; (9) The need for fencing and signage along the buffer edge; (10) A discussion of measures, including avoidance, minimization, and mitigation, proposed to preserve existing habitats and restore any habitat that was degraded prior to the current proposed land use activity and to be conducted in accordance with the mitigation sequencing required by this chapter; and (11) A discussion of ongoing management practices that will protect habitat after the project site has been developed, including proposed monitoring, maintenance, and enforcement programs. (f) When appropriate due to the type of habitat or species present or the project conditions, the Director may also require the habitat management plan to include: (1) An evaluation by an independent qualified profession effectiveness of any proposed mitigating measures or programs, to include any recommendations as appropriate; (2) A request for consultation with the Washington Department of Fish and Wildlife or the local Native American Indian tribe or other appropriate agency; and (3) Detailed surface and subsurface hydrologic features both on and adjacent to the site, including a field determination of the ordinary high water mark or any surface waters and supporting documentation. (g) Mitigation Measures. Possible mitigation measures to be included in the report, or required by the Director, could include, but are not limited to: (1) Establishment of buffer zones; (2) Preservation of critically important plants and trees; (3) Limitation of access to habitat areas; (4) Seasonal restriction of construction activities; (5) Establishing phased development requirements; and (6) Monitoring plan for a period necessary to establish that performance standards have been met. Generally this will be for a period of five (5) years. (h) HMP Adequacy. The HMP shall demonstrate to the satisfaction of the City that the habitat functions and values are improved by implementation of the HMP. If there is a disagreement between the City and the applicant as to the adequacy of the HMP, the issue of plan adequacy shall be resolved by consulting with the appropriate federal or state agency. If the federal or state agencies are not available in a timely manner, the applicant may choose to have the City refer the HMPs to a third-party consultant at the expense of the applicant. After consultation with such state departments or third-party consultant, the Director shall make a final decision on the adequacy of the HMP. (i) Single-Family Minor Development Exemption. At direction of the Director, single-family redevelopments amounting to one (1) instance of less than five hundred (500) square feet in expansion may be exempt from requirements listed above, so long as an equal amount of native planting areas waterward of the structure are established, consistent with the requirements of BMC 20.14.730(d)(1). (j) Timing. An HMP must be developed and approved either prior to preliminary plat approval or issuance of the building permit, as applicable, and must be implemented before the City grants either final plat approval or an occupancy permit, as applicable. (Ord. 5418 §9, 2021; Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.750 MITIGATION STANDARDS AND CRITERIA. (a) The applicant shall avoid all impacts that degrade the functions and values of a critical area or areas. Unless otherwise provided in this title, if alteration to the critical area is unavoidable, all adverse impacts to or from critical areas and buffers resulting from a development proposal or alteration shall be mitigated using the best available science in accordance with an approved habitat management plan and SEPA documents, so as to result in no net loss of critical area functions and values. (b) Mitigation shall be in kind and on site, when possible, and sufficient to maintain the functions and values of the critical area, and to prevent risk from a hazard posed by a critical area. (c) Mitigation shall not be implemented mitigation plan, and mitigation shall be in accordance with the provisions of the approved HMP. (d) Mitigation Sequencing. Applicants shall demonstrate that all reasonable efforts have been examined with the intent to avoid and minimize impacts to critical areas. When an alteration to a critical area is proposed, such alteration shall be avoided, minimized, or compensated for in the following sequential order of preference: (1) Avoiding the impact altogether by not taking a certain action or parts of an action; (2) Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts; (3) Rectifying the impact to habitat conservation areas by repairing, rehabilitating, or restoring the affected environment to the historical conditions or the conditions existing at the time of the initiation of the project; (4) Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action; (5) Compensating for the impact to habitat conservation areas by replacing, enhancing, or providing substitute resources or environments; and (6) Monitoring the hazard or other required mitigation and taking remedial action when necessary. Mitigation for individual actions may include a combination of the above measures. (e) Mitigation Plan Requirements. When mitigation is required, the applicant shall submit for approval by the City a mitigation plan as part of the HMP. The mitigation plan shall include: (1) Environmental Goals and Objectives. The mitigation plan shall include a written report identifying environmental goals and objectives of the compensation proposed and including: (i) A description of the anticipated impacts to the critical areas and the mitigating actions proposed and the purposes of the compensation measures, including the site selection criteria, identification of compensation goals, identification of resource functions, and dates for beginning and completion of site compensation construction activities. The goals and objectives shall be related to the functions and values of the impacted critical area; (ii) A review of the best available science supporting the proposed mitigation and a description of the (iii) An analysis of the likelihood of success of the compensation project. (2) Performance Standards. The mitigation plan shall include measurable specific criteria for evaluating whether or not the goals and objectives of the mitigation project have been successfully attained and whether or not the requirements of this title have been met. (3) Detailed Construction Plans. The mitigation plan shall include written specifications and descriptions of the mitigation proposed, such as: (i) The proposed construction sequence, timing, and duration; (ii) Grading and excavation details; (iii) Erosion and sediment control features; (iv) A planting plan specifying plant species, quantities, locations, size, spacing, and density; and (v) Measures to protect and maintain plants until established. These written specifications shall be accompanied by detailed site diagrams, scaled cross-sectional drawings, topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or anticipated final outcome. (4) Monitoring Program. The mitigation plan shall include a program for monitoring construction of the compensation project and for assessing a completed project (BMC 20.14.760, Monitoring and Contingency Plan). A protocol shall be included outlining the schedule for site monitoring (for example, monitoring shall occur in years one (1), three (3), and five (5) after site construction), and how the monitoring data will be evaluated to determine if the performance standards are being met. A monitoring report shall be submitted as needed to document milestones, successes, problems, and contingency actions of the compensation project. The compensation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than five (5) years. (5) Contingency Plan. The mitigation plan shall include identification of potential courses of action, and any corrective measures to be taken if monitoring or evaluation indicates project performance standards are not being met (BMC 20.14.760). (6) Financial Guarantees. The mitigation plan shall include financial guarantees, if necessary, to ensure that the mitigation plan is fully implemented. Financial guarantees ensuring fulfillment of the compensation project, monitoring program, and any contingency measures shall be posted in accordance with bonds to ensure mitigation, maintenance, and monitoring (BMC 20.14.760). (f) Innovative Mitigation. (1) The City may encourage, facilitate, and approve innovative mitigation projects that are based on the best available science. Advance mitigation or mitigation banking are examples of alternative mitigation projects allowed under the provisions of this section wherein one (1) or more applicants, or an organization with demonstrated capability, may undertake a mitigation project together if it is demonstrated that all of the following circumstances exist: (i) Creation or enhancement of a larger system of critical areas and open space is preferable to the preservation of many individual habitat areas; (ii) The group demonstrates the organizational and fiscal capability to act cooperatively; (iii) The group demonstrates that long-term management of the habitat area will be provided; and (iv) There is a clear potential for success of the proposed mitigation at the identified mitigation site. (Ord. 5418 §10, 2021; Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) 20.14.760 MONITORING AND CONTINGENCY PLAN. (a) A monitoring program shall be included as a part of the approved mitigation plan for a fish and wildlife habitat conservation area. To ensure that the performance standards of the approved mitigation plan have been met, the mitigation and/or buffer enhancement site(s) shall be monitored for a minimum of five (5) years. A longer monitoring period may be required by the City based on either the initial mitigation plan or a review of subsequent monitoring reports. The monitoring reports shall be submitted on August 1st of each year during the monitoring period. The Director may waive either a performance and/or maintenance bond for single-family residential projects on a case-by-case basis. An acceptable surety device is requi mitigation agreement. (1) Performance Surety. All mitigation and buffer enhancement shall be completed prior to final plat approval and/or building occupancy depending on the type of application. However, when improvements cannot be completed prior to final acceptance due to weather conditions which may negatively affect the success of the project, a performance surety may be used. The performance surety shall equal one hundred fifty (150) percent of the cost of the mitigation project, and the required improvements shall be installed in a satisfactory manner within six (6) months or less. (2) Maintenance Surety. A maintenance surety shall be required on all mitigation projects to ensure that the improvement successfully survives the monitoring periods set above. (i) Mitigation Projects. The amount of the maintenance surety shall be equal to fifteen (15) percent of the cost of the mitigation project and the term of the surety shall reflect the term of the monitoring program. (ii) Buffer Enhancement Projects. The amount of the maintenance surety shall be equal to fifteen (15) percent of the costs of the enhancement project and the term of the surety shall reflect the term of the monitoring program. (3) Monitoring Deposit. A cash deposit shall be submitted with all sureties prior to final acceptance of the project to cover the estimated City costs to review the yearly monitoring reports and conduct a site inspection to ensure the performance standards are being met. (b) Long-Term Maintenance. To ensure the long-term success of the fish and wildlife habitat conservation area, the applicant or their heirs or successors shall be responsible for the long-term maintenance of the habitat area and its associated buffer. The habitat and buffer shall be kept clear of weeds, invasive plant material, lawn clippings, junk, debris, intrusions or the like. (Ord. 5418 §11, 2021; Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006) Home Previous Next Chapter 20.50 LANDSCAPING Sections: 20.50.010 INTENT. 20.50.020 APPLICABILITY. 20.50.030 EXCEPTIONS. 20.50.040 GENERAL PROVISIONS. 20.50.050 PERFORMANCE STANDARDS. 20.50.060 LANDSCAPING PLAN SUBMITTAL. 20.50.010 INTENT. The intent of this chapter is to establish landscaping standards that contribute to a quality urban environment by connecting open spaces, maintaining native, drought-resistant vegetation, replacing nonnative and invasive species, increasing privacy for residential areas, providing visual relief of parking lots, providing habitat for fish and wildlife, retaining significant trees, and reducing erosion and stormwater runoff while providing on-site filtration to protect groundwater resources from pollutants and flooding. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5046 §4 (part), 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.50.020 APPLICABILITY. All new development, including expansion of existing structures and/or uses, shall be subject to the requirements of this chapter. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5046 §4 (part), 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.50.030 EXCEPTIONS. (a) Landscaping standards do not apply to residential short subdivisions or developments of single-family units on individual lots, except that all undeveloped areas of the property shall be landscaped and continually maintained or retained in a natural undisturbed state. (b) The Director may waive or reduce any requirement(s) of this chapter in the following cases: (1) The remodel of an existing building results in the expansion of floor area that is ten (10) percent or less of the existing floor area; (2) An expansion of a use that results in no modifications (except normal maintenance and repair of the structure) to the outdoor area of the site; (3) To accommodate required off-street parking spaces. Pervious pavement or other landscaping mitigation may be required to accommodate for the loss of stormwater function. (c) Parking lots with less than thirty (30) spaces are exempt from internal landscaping requirements if they provide at least a five (5) foot width of landscaping across the frontage and along at least one (1) other property line and only one parking lot is located on site. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5046 §4 (part), 2008: Ord. 4977 §6, 2006; Ord. 4950 §8 (Exh. A) (part), 2005) 20.50.040 GENERAL PROVISIONS. (a) Front Yards. All front yard setback areas shall be landscaped pursuant to the performance standards per BMC 20.50.050; (b) Street Trees. Street trees shall be planted along public and private streets per performance standards in BMC 20.50.050(a) unless otherwise required by BMC 20.50.050(c). Trees shall be located within the front yard setback area, or within a public right-of-way if approved by the City and the property owner arranges the planting and maintenance of said street trees; (c) Visual Screening. When any nonresidential development, as defined by the International Building Code (which includes three (3) or more units), is proposed on a site that is adjoining the low or medium density residential zones, visual screening shall be provided according to the performance standards in BMC 20.50.050(b); (d) Areas Adjacent to Trails and Open Spaces. All developments adjacent to publicly used or designated trails and open spaces in the Comprehensive Plan shall provide Type I visual screening along the site facing the trail or open space per the performance standards outlined in BMC 20.50.050(b); (e) Undeveloped Areas. Undeveloped portions of property not devoted to landscaping shall remain with existing vegetation, including significant trees, as provided for in BMC 20.50.050(d), but excluding plants that can be classified as noxious weeds or as invasive species; (f) Alternative Landscaping Plan. The requirements of this chapter may be modified to encourage better landscaping design as follows: (1) A request for approval of alternate landscaping shall be submitted and accompanied by a landscape plan as required above; (2) An alternative landscaping plan may be approved, provided a finding by the City of public benefit and that the total area of landscaping shall be equal to or exceed that created by adherence to the standard landscaping and buffer requirements; (g) Guarantee. All landscaping shall be completed prior to the issuance of a certificate of occupancy (CO), except that in lieu of installing required landscaping, a performance assurance device may be provided prior to the issuance of a CO. The purpose of such a requirement is to ensure that a landscape plan is carried out when required by this chapter. The following conditions apply: (1) A bond or other acceptable assurance device shall be in the amount of one hundred twenty- five (125) percent of the estimated cost required to complete the approved landscaping, in order to guarantee its installation and the replacement of any plants that die within two (2) years of the posting of the bond; (2) If a performance assurance device is provided, landscaping shall be installed within the next planting season and no later than one (1) year from the date of issuance of a CO. If the approved landscape plan is not carried out, the City shall use the performance assurance device to complete the landscaping; (3) A performance assurance device will be released two (2) years after it is posted if the landscaping vegetation is in a healthy growing condition; (h) Maintenance Required. All plant material shall be maintained in a healthy growing condition free of weeds, trash or debris through the life and use of the development. Dead, damaged, diseased, or missing plant material shall be replanted or replaced as necessary to comply with the approved landscaping plan and the requirements of the chapter. Maintenance standards and assurances must be provided in the landscape plan as described in BMC 20.50.060. (Ord. 5364 §5, 2018: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5046 §4 (part), 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.50.050 PERFORMANCE STANDARDS. Required landscaping shall be provided in the following manner: (a) General landscaping is intended to provide visual separation between compatible uses and to soften the appearance of parking lots and building facades. All required setback areas, parking lots, and interior landscaping areas shall comply with the following: (1) Street trees are required, one (1) tree for every twenty-five (25) linear feet of street frontage, and shall be spaced a maximum distance of thirty-five (35) feet on center; however, trees may be spaced irregularly in natural groupings rather than uniformly spaced except as noted elsewhere in this chapter; (2) Planting shall include a mix of trees, shrubs, ground covers, turf grasses or combination thereof; nonliving materials shall not exceed twenty (20) percent of the landscaped area within two (2) years of planting; (3) Each separate landscaped area shall be a minimum of fifty (50) square feet and shall include at least one (1) tree in combination with shrubs, ground cover, or other landscape materials; (4) Bioswales and permeable pedestrian access ways connecting landscaped areas are encouraged and are included in the calculation of required landscaping square footage. Low impact development best management practices performed on site may count towards required landscaping (tree for tree, and square footage for square footage); (5) Interior landscaping shall be dispersed as equally as possible throughout the site particularly in parking areas; (6) Parking lots shall have at least ten (10) square feet of interior landscaping for each parking space. Required peripheral trees and required landscaped setback areas shall not be included in the interior landscaping calculations; (7) For every ten (10) parking stalls one (1) tree shall be installed within a landscaped area; and (8) Landscaped areas shall consist of no more than fifty (50) percent deciduous species. (b) Visual screening is intended to function as a year-round full visual barrier between incompatible uses. Visual screening is required for all commercial projects adjacent to the low or medium density residential zones. Visual screening is required as follows: (1) Type I. Required along the property line(s) of all nonresidential development proposed on a site that is adjoining the low or medium density residential zones. For purposes of this subsection, nonresidential development is as defined in the International Building Code (which includes three (3) or more dwelling units) and not specifically identified in subsection (b)(2) of this section. A Type I visual screen shall include the following: (i) A landscaped area of at least ten (10) feet wide; (ii) A mix of evergreen and deciduous trees, no more than twenty (20) feet apart on center. Deciduous trees up to twenty-five (25) percent of the tree requirement are encouraged to add seasonal and textural variation; (iii) Shrubs shall be planted between the trees to provide an effective visual barrier. Shrubs may be spaced irregularly in natural groupings rather than uniformly spaced; however, grouped shrubs should be no more than five (5) feet apart from each other; and (iv) A sight-obscuring fence, wall, earthen berm or combination thereof is required adjacent to parking areas to ensure headlights do not project into residential properties. Measures shall be taken to ensure quality in the visual character of the wall or fence on the side facing the residential lot. (2) Type II. Required for all large retail, motion picture theaters, junk yards, heavy industrial/manufacturing, stadiums, and sports complexes proposed on a site that is adjoining the low or medium density residential zones. Type II screening shall be provided along all property lines that adjoin the low or medium density residential zones. A Type II visual screen shall include the following: (i) Landscaped area of at least twenty (20) feet in width; (ii) A double row of evergreen trees spaced no more than fifteen (15) feet apart on center (rows shall be offset and spacing triangulated); existing mature healthy trees on site are encouraged to be retained; (iii) Shrubs shall be planted to enhance the visual barrier. Shrubs may be spaced irregularly in natural groupings rather than uniformly spaced; however, grouped shrubs should be no more than five (5) feet apart from each other; and (iv) A sight-obscuring fence, wall, earthen berm or combination thereof is required adjacent to parking areas to ensure headlights do not project into residential properties. Measures shall be taken to ensure quality in the visual character of the wall or fence on the side facing the residential lot. (c) Centers. Intended to soften the streetscape and sidewalk areas in a dense urban environment. Projects within the centers must comply with the provisions set forth in adopted subarea plans, the provisions of this chapter, and the following: (1) Street trees shall be provided within the front yard setback or in the sidewalk along any facade facing a major arterial. Any trees located in the City right-of-way may require additional approval through the Department of Public Works and Utilities. Trees shall be spaced no less than three (3) trees per one hundred (100) linear feet of frontage. Trees placed in the sidewalk should be provided with street grates at the sidewalk level providing a continuous walking surface to within six (6) inches of the tree base. Where existing areaways or vaults prevent this form of planting, trees shall be planted in planters equipped with irrigation. All trees shall be of a species which allows pruning of lower branches in a manner necessary to keep the sidewalk clear of obstruction to a height of at least eight (8) feet. Trees shall have a minimum caliper of two and one-half (2-1/2) inches at the time of planting; (2) Surface parking lots, if they abut public sidewalks, shall provide a perimeter landscaping strip containing a combination of trees (with no fewer than three (3) trees per one hundred (100) linear feet of frontage) and shrubs. Masonry walls no lower than fifteen (15) inches nor higher than thirty (30) inches may be substituted for shrubs; and (3) For parking lots containing more than twenty (20) stalls, at least fifteen (15) percent of the interior area shall be planted with trees and shrubs. All trees shall have a minimum caliper of two and one-half (2-1/2) inches at the time of planting. Pedestrian walkways from adjacent sidewalks shall be provided. (d) Vegetation Preservation. The retention of existing and healthy trees and vegetation is important to help promote the utilization of natural systems, reduce the impacts of development on the storm drainage system and provide a better transition between various land uses within the City. The following provisions encourage vegetation preservation as follows: (1) To the greatest extent possible existing healthy significant trees defined below shall be retained on site. Should a proposal include the removal of all or portions of a significant tree(s), a qualified arborculturalist or urban forester shall be retained by the applicant to inventory the tree(s) and make recommendations regarding the protection, retention, preservation or removal of the tree(s). A copy of the report and recommendations shall be submitted to the City as part of the application process. (2) Existing healthy trees and vegetation may substitute for newly required landscaping. Credit shall be granted tree for tree and area for area. In order to promote the retention of existing significant trees during site development, each significant tree within the landscaped area shall count as three (3) newly required trees. (3) Credit may be given by the Director at the time of site plan review for the preservation of significant tree(s) in exchange for the loss of a parking space. (4) Significant trees are defined as follows: (i) Evergreen Trees. Eight (8) inches in diameter or greater, measured four (4) feet above existing grade; and (ii) Deciduous Trees. Twelve (12) inches in diameter or greater, measured four (4) feet above existing grade. (e) Planting Materials. Plants shall be selected based upon site-specific conditions which may affect plant growth such as sun exposure, soil types, shoreline conditions, adjacent site improvements, etc. New plant materials shall consist of drought-resistant species, or other species that are irrigated per the provisions of BMC 20.50.060(b)(4) or located in high moisture content soils. Plant material selection shall be consistent with the list maintained by the American Association of Nurserymen (AAN). Plant materials shall also be coordinated with utility company requirements to avoid conflicts. Unless otherwise specified within this chapter all required landscaping shall at a minimum meet the following size requirements: (f) Plant Type and Size. Plants shall be sized according to the following: (1) Standard deciduous trees: one and one-half (1-1/2) inch to two (2) inch caliper. (2) Small ornamental and flowering trees: one and one-half (1-1/2) inch to one and three- fourths (1-3/4) inch caliper. (3) Evergreen trees: five (5) feet to six (6) feet in height. (4) Shrubs: minimum size one (1) gallon container. (5) Ground cover: minimum four (4) inch container. (g) Interruptions. Screening and buffering may be interrupted where necessary for access consistent with the general provisions of this chapter. (h) Safety. All fire hydrants are to be free of fences, hedges, and other landscaping obstacles. Shrubs eighteen (18) inches in height and less must not be placed closer than five (5) feet to a hydrant, and shrubs or trees larger than eighteen (18) inches must not be planted closer than twenty (20) feet to a hydrant. (i) Freestanding Signs. An area around the base of each freestanding sign equal to the sign area must be landscaped to improve the overall appearance of the sign and to reduce the risk of automobiles hitting the sign or supports of the sign. This landscaping must include vegetation and may include other materials and components such as brick or concrete bases, planter boxes, pole covers, or decorative framing. (j) Outdoor Storage. Unless provided for otherwise in this title, outdoor storage in all zones is limited to the minimum number of refuse containers necessary to support approved on-site uses. Dumpsters, refuse containers for commercial uses, and outdoor storage shall comply with the following criteria: (1) Be surrounded by a six (6) foot high solid wall or sight-obscuring fence. The wall or fence shall be considered a structure and shall conform to setbacks which may be required for building on street frontage. Outdoor storage of materials shall not exceed six (6) feet in height when visible from a public right-of-way. (2) Outdoor storage and refuse containers requiring screening in the GC, R-40, NB, and land use centers shall be screened with materials which are architecturally similar to the primary structure. (3) Outdoor storage and refuse containers should not be located between a street and the front of the building, except in industrial zones. (k) Clear-Vision Triangle. A clear-vision area shall be maintained at the intersections of streets, alleys and commercial driveways, or combinations thereof as determined by the City Engineer with the following requirements: (1) A clear-vision area shall contain no plantings, fences, walls, other structures, or visual obstructions within a vertical area extending from three (3) feet to eight (8) feet above the ground, measured from the established centerline of the street, alley or driveway; (2) The foregoing provision shall not apply to: (i) A tree trimmed to the trunk within the three (3) to eight (8) foot clear area; (ii) Other plant species that are so planted and trimmed as to leave a clear and unobstructed cross-view in all seasons; (iii) A supporting member or appurtenance to a permanent building lawfully existing on the site; (3) Where the maximum setback conflicts with the clear-vision triangle, relief from the maximum setback may be granted thorough a Type I Director decision. (Ord. 5364 §6, 2018: Ord. 5319 §8, 2017: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5046 §4 (part), 2008: Ord. 5008 §6, 2007: Ord. 4971 §11, 2006; Ord. 4950 §8 (Exh. A) (part), 2005) 20.50.060 LANDSCAPING PLAN SUBMITTAL. A landscape plan shall accompany all land use applications, including permits for clearing, grading, and building. (a) A landscape plan shall be drawn to scale and shall indicate: (1) (2) Existing property lines, easements, rights-of-way, utilities, setbacks, trees, fences, and other screening and structures; (3) Existing and proposed grades of at least five (5) foot intervals; (4) Proposed plantings, identified by scientific or common name, and caliper, size, and minimum height of specimens to be planted. (b) A landscape plan shall provide assurances for the following: (1) Landscape areas consisting of drought-resistant vegetation will not require temporary or permanent irrigation systems; (2) Areas where existing site conditions assure adequate soil moisture for growth within the required landscape area shall have temporary irrigation systems only as required to sustain new plantings; (3) Except for areas of undisturbed existing vegetation, all landscape areas that do not have high soil moisture conditions shall have temporary or permanent irrigation systems. Temporary systems may be removed after twenty-four (24) months or two (2) growing seasons, whichever occurs first; provided, that the plantings are established; (4) Permanent irrigation systems located within required landscape areas shall include the following features: (i) Moisture or precipitation sensors; (ii) Automatic timers set for operation to assure adequate moisture levels; (iii) Head-to-head spacing, if sprinkler heads are proposed; (iv) Pressure-regulating devices; (v) Backflow prevention devices; (vi) Separate irrigation zones for grass and planting beds; (vii) Other provisions applicable to state and City codes; (5) Irrigation water shall be applied with demonstrated consideration for avoiding runoff, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, and impervious surfaces; (6) All landscaping shall be maintained in healthy growing condition for the life of the project; (7) All plant material shall be managed by pruning so that plant growth does not conflict with public utilities, restrict pedestrian or vehicular access, or create a traffic hazard. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5046 §4 (part), 2008: Ord. 4950 §8 (Exh. A) (part), 2005) JOGPSNBUJPO!POMZ!JUFN! DJUZ!PG!CSFNFSUPO! C7! DJUZ!DPVODJM! Beefe!jufn†! ! ! ! TVCKFDU;!!!Tuvez!Tfttjpo!Ebuft;!!Nbsdi!9-!3134!boe! !Nbsdi!33-!3134! Csjfgjoh!po!Qspqptfe!Psejobodf!up!Dsfbuf! !! Qfsnbofou!Sbdf!Frvjuz!0!EFJ!Dpnnjttjpo! Qsftfoufs;!!Rvjoo!Efoofiz! Dpvodjm!Nfncfs! !! Qipof;!!)471*!584.6391! ! TVNNBSZ;!!Uijt!jufn!xjmm!gjstu!cf!qsftfoufe!xjui!op!rvftujpot!ps!ejtdvttjpo!voujm!uif!qsftfoubujpo!bu! uif!ofyu!Tuvez!Tfttjpo!po!Xfeoftebz-!Nbsdi!33-!3134/!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! IBOEPVUT;!!! 2/!Esbgu!Psejobodf!)Mfhbm!dpnnfout!'!fejut*<!!! 3/!Esbgu!Psejobodf!)SFBD!dpnnfout!'!fejut*<!! 4/!Qpxfs!Qpjou!Qsftfoubujpo<!! 5/!Ljoh!Dpvouz!Efufsnjobout!pg!Frvjuz!Sfqpsu<!boe!!! 6/!Ljoh!Dpvouz!Frvjuz!'!Tpdjbm!Kvtujdf!3127!.3133!Tusbufhjd!Qmbo!! ! ! ! TUVEZ!TFTTJPO!BHFOEB;!!!!!!!!!!!!!!!!!!Csjfg!Qsftfoubujpo!!!!!!!!!Gvmm!Qsftfoubujpo!! ! ! ! Gpsn!Dsfbufe!605026 ORDINANCE NO. _______ AN ORDINANCE of the City Council of the City of Bremerton, Washington, creating Chapter 2.XX of the Bremerton Municipal Code regarding the Race Equity Advisory Commission. WHEREAS, the City Council on July 1, 2020 passed a motion to create a Race Equity Advisory Committee comprised of three Councilmembers and up to ten Bremerton community members to advise the City Council on issues related to racial equity; and WHEREAS, the Councilmembers on the Race Equity Advisory Committee were chosen by the Council President and the community members were chosen by the Councilmembers and community members; and WHEREAS, the Bremerton City Charter requires that the Mayor appoint all members of boards, commissions and committees, with Council confirmation; and Bremerton City Charter and ceased convening the Race Equity Advisory Committee in December 2022; and WHEREAS, in its final meeting the Race Equity Advisory Committee recommended an ordinance establishing the Race Equity Advisory Commission as an all citizen Commission, which will advise both the City Council and Mayor on issues related to racial equity; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.XX of the Bremerton Municipal Code entitled "Race Equity Advisory Commission" is hereby established as follows: Chapter 2.XX RACE EQUITY ADVISORY COMMISSION 2.XX.010 PURPOSE OF RACE EQUITY ADVISORY COMMISSION. To advise City Council and the Mayor, by applying a race equity analysis to all aspects of governance and to maintain engagement with and accountability to other work being done throughout the Bremerton community in service of race equity. 2.XX.020 RACE EQUITY ADVISORY COMMITTEE ESTABLISHED. (a) Membership. The Race Equity Advisory Commission shall consist of at least five (5) and up to nine (9) members. The five to nine members shall be residents of the City of Bremerton (or residents of unincorporated Kitsap County with Bremerton addresses) appointed by the Mayor and confirmed by City Council. (b) Terms. Terms of office for members shall be two (2) years. When possible, the expireat the same time. (c) Removal. Upon approval of City Council, any member of the Commission may be removed from office with notice from the Mayor upon the formal recommendation of the Commission for incompetence, incompatibility of office, dereliction of duty, malfeasance in office, lack of attendance at meetings, or other good cause. Dereliction of duty includes but is not limited to missing more than three (3) consecutive meetings, unexcused, or any five (5) meetings within a twelve (12) month period. (d) Vacancy. In the event that any member does not serve a full term, either by resignation, death, or removal, a replacement shall be appointed by the Mayor and confirmed by the City Council to serve the remainder of the term. (e) Compensation. Members shall serve without compensation, except for a $75 per month stipend to offset costs of being on the commission, such as childcare, transportation costs, and/or general opportunity cost. (f) Administrative Support. Administrative support will be provided to the Race Equity Advisory Commission by Legal Department Staff and the DEI Manager. 2.XX.040 MEETINGS AND OFFICERS. The Race Equity Advisory Commission, each year, shall elect its own chairperson and create and fill such other offices as it may determine it requires. The Commission meeting shall be held at 6:00 p.m. on the second Thursday of each month, unless a change in the scheduled date or time is approved and duly noticed by the Commission. The Diversity, Equity, and Inclusion Manager shall attend REAC meetings in order to advise and receive advice from the Commission. 2.XX.050 POWERS AND DUTIES. The Race Equity Advisory Commission shall serve in an advisory capacity to the City Council, the Mayor, and the Diversity, Equity, and Inclusion Manager by applying a race equity analysis to all aspects of governance. The Race Equity Advisory Commission shall have the following powers and duties: (a) Serve as a technical and planning advisory committee to the City Council and Mayor on issues related to racism and race-related bias. (b) Advise the City Council and Mayor in implementing racial equity-related goals and policies as expeditiously as Commission and City resources allow. (e) Advise the Diversity, Equity, and Inclusion Manager in creating a racial equity action plan and implementation strategy. (f) Advise the City Council and Mayor, as appropriate, on how to measure progress toward implementing the C (g) Advise the City Council and Mayor on participation in regional racial equity efforts. (h) Provide education and outreach to the public regarding racial equity and the work of the Commission and the City relating to racial equity. (i) The chairperson of REAC shall attend City Council meetings as requested by the City Council to provide advice on relevant issues of race equity. (k) Propose Amendments to City Council regarding this Ordinance for Council consideration. SECTION 3. Corrections. The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener, clerical, typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 4. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the___________ day of ____________________, 2023. _________________________________ JEFF COUGHLIN, Council President Approved this ________ day of ________________________, 20___. _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ _________________________________ ANGELA HOOVER, City Clerk KYLIE J. FINNELL, City Attorney PUBLISHED the ________ day of ______________________, 20__. EFFECTIVE the ________ day of ______________________, 20__. ORDINANCE NO. ________. ORDINANCE NO. _______ AN ORDINANCE of the City Council of the City of Bremerton, Washington, creating Chapter 2.XX of the Bremerton Municipal Code regarding the Race Equity Advisory Committee. WHEREAS, the City Council currently has a Race Equity Advisory Committee composed of three Councilmembers and up to ten citizens; and WHEREAS, the Race Equity Advisory Committee is currently charged with advising the City Council on issues related to racial equity; and WHEREAS, the City Council desires to establish an all citizen committee which will advise both the City Council and Mayor on issues related to racial equity; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.XX of the Bremerton Municipal Code entitled "Race Equity Advisory Committee" is hereby established as follows: Chapter 2.XX RACE EQUITY ADVISORY COMMITTEE 2.XX.010 PURPOSE OF RACE EQUITY ADVISORY COMMITTEE. To advise City Council, by applying a race equity analysis to all aspects of governance and to maintain engagement with and accountability to other work being done throughout the Bremerton community in service of race equity. 2.XX.020 RACE EQUITY ADVISORY COMMITTEE ESTABLISHED. (a) Membership. The Race Equity Advisory Committee shall consist of at least five (5) and up to nine (9) members. The five to nine members shall be residents of the City of Bremerton (or residents of unincorporated Kitsap County with Bremerton addresses) appointed by the Mayor, upon recommendation of the committee members, and confirmed by City Council. (b) Terms. Terms of office for the City of Bremerton resident (or residents of unincorporated Kitsap County with Bremerton addresses) members shall consist of two (2) year terms. (c) Removal. Upon approval of City Council, member of the Committee may be removed from office with notice from the Mayor upon the formal recommendation of the Committee for incompetence, incompatibility of office, dereliction of duty, malfeasance in office, lack of attendance at meetings, or other good cause. Members of the Committee may be dismissed from the Committee if they miss more than three (3) consecutive meetings, unexcused, or any five (5) meetings within a twelve (12) month period. (d) Vacancy. In the event that any member does not serve a full term, either by resignation or removal, a replacement shall be appointed by the Mayor and confirmed by the City Council to serve the remainder of the term. (e) Compensation. Members shall serve without compensation. (f) Administrative Support. Administrative support will be provided to the Race Equity Advisory Committee by City Staff as assigned by the Mayor. 2.XX.040 MEETINGS AND OFFICERS. The Race Equity Advisory Committee, each year, shall elect its own chairperson and meeting shall be held at 6:00 p.m. on the second Thursday of each month, unless a change in the scheduled date or time is approved and duly noticed by the Committee. Councilmember Role- Council President shall appoint, based upon a recommendation of the committee, a liaison from City Council to attend the meetings, share information relevant to the committee about City Council business, and communicate committee Diversity, Equity, and Inclusion Manager shall attend REAC meetings in order to advise and receive advice the committee. 2.XX.050 POWERS AND DUTIES. The Race Equity Advisory Committee shall serve in an advisory capacity to the City Council, the Mayor, and the Diversity, Equity, and Inclusion ________ by applying a race equity analysis to all aspects of governance. The Race Equity Advisory Committee shall have the following duties: (a) Serve as a technical and planning advisory committee to the City Council and Mayor on issues related to racism and race-related bias. (b) Assist the City in implementing racial equity-related goals and policies as expeditiously as committee and city resources allow. (c) Provide advice or recommendations to the City Council and Mayor, as appropriate, on methods of completing a baseline city government and police department equity assessment of policies, staffing, contracting, and decision-making. (d) Advise and assist with the completion of a baseline city government and police department equity assessment of policies and procedures. (e) Advise and assist the Diversity, Equity, and Inclusion consultant in creating a racial equity action plan and implementation strategy. (f) Provide advice or recommendations to the City Council and Mayor, as appropriate, on how to measure progress toward implementing the C plan. (g) Advise and assist the City with participation in regional racial equity efforts. (h) Provide education and outreach to the public regarding racial equity and the work of the committee and the City relating to racial equity. (i) Attend City Council meetings quarterly, with designated time on the agenda, to advise Council on relevant issues of Race Equity. (j) Meet with the Mayor quarterly to advise on issues of the Executive Branch. (k) Propose Amendments to City Council regarding this Ordinance. (l) Invite members of both the Executive and Legislative branches to regular and ad hoc meetings. SECTION 3. Corrections. The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener, clerical, typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 4. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the___________ day of ____________________, 2022. _________________________________ MICHAEL GOODNOW, Council President Approved this ________ day of ________________________, 20___. _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ _________________________________ ANGELA HOOVER, City Clerk KYLIE J. FINNELL, City Attorney PUBLISHED the ________ day of ______________________, 20__. EFFECTIVE the ________ day of ______________________, 20__. ORDINANCE NO. ________. led, - To create a citizen Race Equity Advisory Commission Ordinance Dƚğƌʹ institutionalized mechanism for analyzing City systems, policies, budgets, agendas, goals, practices, and actions through a race equity lens with the goal of eliminating systemic racism within the City of Bremerton. in ЋЉЋЉ than for $23,000 Hispanic - and { BIPOC $184,000 non had $38,000 families bğƷźƚƓğƌ \[źĬƩğƩǤ ƚŅ %) family in the US Hispanics of any race (8.1 %) or whites (4.8 white Hispanic and Black Racial Disparity Facts of Bremerton residents identify as Hispanic - median 34% { /ĻƓƭǒƭ The median wealth in 2019 compared to just for 5ĻƦğƩƷƒĻƓƷ ƚŅ ƩĻğƭǒƩǤ Rates of homelessness were higher for blacks (16.8 %) non aĻķźĭźƓĻ Why Focus on Race? BIPOC women BIPOC LGBTQ+ community membersBIPOC people with disabilitiesBIPOC religious minoritiesBIPOC immigrants Although multiple oppressed groups exist in the United States, race intersects these identities to compound oppressive outcomes the Same Opportunities Provide What is Needed to Access Questions and Discussion What would Council like REAC to look like?What type of funding does Council hope to provide REAC?How will Council ensure REAC works with the DEI Manager?How does Council wish to communicate with REAC?How do we ensure our own white privilege does not interfere with our decisions regarding REAC? The Determinants of Equity Identifying Indicators to Establish a Baseline of Equity in King County Abigail Beatty | MPA Dionne Foster | MSW Candidate, University of Washington 2015 King County Office of Performance, Strategy and Budget January 2015 Contents Executive Summary Introduction Methodology Recommendations List of Preliminary Equity Measures Scorecard The Determinants of Equity Early Childhood Development Education Jobs and Job Training Health and Human Services Food Systems Parks and Natural Resources Built and Natural Environment Transportation Community Economic Development Neighborhoods Housing Community and Public Safety Law and Justice Appendix List Appendix A: Metadata Appendix B: Measures Considered, But Not Selected Appendix C: Recommended Ordinance Language Revisions Appendix D: Key Contacts Appendix E: Peer Jurisdictions & Practitioner Research Appendix F: Guiding Questions for Interview and Steering Committee Appendix G: List of Additional Measures to Pursue 2| King County Determinants of Equity Baseline Project Acknowledgements Thank you to the Office of Performance, Strategy and Budget for advancing ESJ work by sponsoring this project. The individuals below participated in the project steering committee, playinga critical role in developing the measures included in this report. Michael Jacobson Deputy Director | Office of Performance, Strategy & Budget Marguerite Ro Chief ofAssessment,Policy Development & Evaluation Unit|Public Health Richard Gelb Performance Management Lead|Department of Natural Resources and Parks Matias Valenzuela Director| Office of Equity and Social Justice Cristina Gonzalez Senior Business & Management Analyst | Office of Performance, Strategy & Budget Eva Wong Epidemiologist,Assessment,Policy Development & Evaluation Unit| Public Health Arun Sambataro ESJ Program Manager| Office of Equity and Social Justice Steve Stamper Performance & Strategy Analyst | Office of Performance, Strategy & Budget 3| King County Determinants of Equity Baseline Project Executive Summary King County has a vibrant history of working to improve equity and social justice (ESJ). Leadership commitment to ESJ began County was renamed after Martin Luther King, Jr. In 2008, County Executive Ron Sims launched the Equity and Social Justice (ESJ) Initiative. Executive Dow Constantine and the Metropolitan King County Council further promoted the initiative in 2010 with an ordinance that 1 codified the fair and just principle and named 14 Determinants of Equity. It is becoming more widely recognized that King County residents do not enjoy the same health, resources, and opportunities because of their race and where they live. Inequity threatens the competitive. From this recognition of inequity, a critical question has emerged for the County: how do we know if we are progressing towards a fair and just community? Identifying key indicators, aligning with community partners, and incorporating statistical approaches to develop a community-scale equity baseline are vital to understanding regional progress. This Determinants of Equity report describes preliminary indicators as a starting point for creating a baseline of equity conditions in King County. With agreed-upon indicator data, this type of baseline effort will help guide the allocation of limited resources, inform the degree to which ESJ efforts are having the intended effect, and support course correction so efforts can achieve positive change. As an initial first step toward the creation of a community-scale equity baseline, the Determinants of Equity Baseline Project commenced in July 2014 with the intent of using measurement to deepen the understanding of equity across King County. The project identified existing data sources to measure the status of 13 of the 14 Determinants of Equity in the County. was omitted from this project because the steering committee agreed this determinant was outside the project scope. There are several other parts of the organization already working to advance internal ESJ, including a group specifically focused on addressing equity in workforce and workplace issues. Each of the 13 determinants was analyzed by identifying key words and phrases in the definition included in King County Ordinance 16948. Once the key words and phrases were selected, the research team found data sources that could provide potential measures. In conjunction with gathering data from common sources like the U.S. Census, currently utilized equity measures were identified through conducting 31 semi-structured interviews with individuals internal and external to King County government. In addition, peer jurisdictions and practitioners in the field were consulted to learn more about the use of equity measures nationally and internationally. Finally, the team convened a steering committee of performance management professionals within King County government for their expert input and advice on indicator selection. As a result of this process, 67 community-level indicators were identified. Nearly all of the measures identified reinforce previous research findings that race, place, and income impact quality of life for residents of King County. People of color, those who have limited English proficiency and who are low-income persistently face inequities in key educational, economic, and health outcomes. 1 See table of contents or figure 1 for determinants list. 4| King County Determinants of Equity Baseline Project This research highlights that work to reduce disparities in the county need to be strengthened by additional strategies and coordination across all parts of the community.Further defining the ESJ strategic priorities through internal and community engagement will help identify priority issues, and should result in a dashboard of indicators to be used for communication and tracking progress over time.Community-levelESJ indicators identified in this report are an initial step at capturing the landscape of equity across King County. Thegoalof this workistobegindriving future policy, products, and servicesusing data to inform strategies and decision making. Although there is still more work to be done to advance performance measurementin ESJ work,this report provides aninitialframework for equity measurementin King County. 2 Figure 1: Determinants of Equity Poster 2 Determinants of Equity Poster 5| King County Determinants of Equity Baseline Project Introduction Dedication to Equity and Social Justice (ESJ) has a vibrant history in King County. Examples of this commitment began surfacing in King County g renamed after Martin Luther King, Jr. In the wake of the 2006 Dellums Commission Report which identified six domains of public policy that disproportionately impact men of color, and the Place Matters initiative that supported local multi- disciplinary teams to impact the social determinants of health, County Executive Ron Sims launched the Equity and Social Justice (ESJ) Initiative in 2008. Executive Dow Constantine and the Metropolitan King County Council further promoted 3 the initiative in 2010 when they codified the fair and just principal in Ordinance 16948. This ordinance fair and just to the King County strategic plan principals and named 14 Determinants of Equity. In a government that values performance management, a critical question has emerged: how do we know if we are progressing towards a fair and just community? The 2014 ESJ Impact Analysis, an internal report, was developed to describe how well an ESJ lens was 4 incorporated into the County budget process. This report echoed the call from the King County Equity and Social Justice Inter-Branch Team (IBT) for establishing a measurement framework to evaluate ESJ outcomes, specifically recommending the development of ESJ performance measures and an ESJ strategic plan. In response, Executive Dow Constantine issued an Executive Order (ACO 9-2 (AEO)) that went into effect October 4, 2014. This document advances equity in several ways; one specific example is the call for the development of a countywide ESJ Strategic Innovation Plan (SIP). In addition, a similar ESJ motion is under consideration by the King County Council. In light of this history, and building on previous work to measure ESJ, the Determinants of Equity Baseline Project commenced in July 2014 with the intent of using measurement to deepen the understanding of equity across King County. Originally the research team sought to establish a baseline of community equity conditions across King County by which future performance could be measured. However, the research team realized that first a compendium of indicators and data sources that could measure the determinants of equity was needed. Therefore, the project centered on identifying potential measures and underlying data that could be used to understand the landscape of 13 out of 14 was omitted from this project. The steering committee agreed this determinant was outside the project scope because there are several other parts of the organization already working to advance internal ESJ, including a group specifically focused on addressing equity in workforce and workplace issues. The goal of this report is to share the catalog of community-level indicators and King County data to sketch the landscape of 13 Determinants of Equity. Methodology This project had two objectives: first, identify potential ESJ indicators that could be tracked over time and second, to use the identified indicators to provide a current baseline to describe the ESJ landscape in King County. The methods used to do this included: interviewing data informants (see Appendix D); researching peer jurisdictions & practitioners (Appendix E); gathering and analyzing data; convening a steering committee; and vetting the determinant indicators and data with county ESJ and measurement experts. 3 Joint Center for Political and Economic Studies; Oleru, N.T. (2008) King County Place Matters presentation. 4 Sambataro, A. (2014) Equity and social justice impact analysis: Understanding and improving ESJ dialogue in the budget process. King County. 6| King County Determinants of Equity Baseline Project Interviews The research team conducted 31 semi-structured interviews with individuals internal and external to King County government. The questions posed were intended to identify the types of socioeconomic and demographic data collected by various departments and organizations, the type of equity work that is occurring in the organization, and where staff saw the greatest opportunity for their organization to improve equity conditions. Appendix F contains the list of questions used to guide the conversation. Data Gathering Each determinant was analyzed by first identifying words or phrases in the ordinance definition that were descriptors of conditions that were critical for measurement. For example, the determinant of housing is defined as: housing for all people that is safe, affordable, high quality and healthy. In this determinant, the words safe/high quality, affordable, and healthy were selected for measurement. Once the measurable words and phrases were selected, the research team sought data to represent a valid measure. The overall goal was to find datathat were valid measures of the key attribute, readily available and regularly reported. Furthermore an implicit assumption in this process was to locate existing data rather than request new data. When appropriate new data was requested, but the focus of showing the landscape of ESJ across the county also included showing the current status of ESJ related data. Additional data collection criteria included: Data reported by income, race/ethnicity and limited English proficiency (LEP) Ordinance 16948 is specifically directed at improving fair and just practices for residents based on these categories. Geographic data Ability to depict more detailed geographic detail by census tract, health reporting area or other 5 . This is useful for showing distributional equity. Rigorous design and data collection Much of the information in this report is from scientifically rigorous social science surveys such as the U.S. American Community Survey (ACS), Behavioral Risk Factor Surveillance System (BRFSS) survey or Communities Count. Understanding the origin and validity of data was an important consideration for selecting robust measures. Regular data collection Ability to show change over time with data that are reported at regular intervals such as yearly, every three years or every five years. Steering Committee Four steering committee meetings were convened over the course of this project (July 2014-Sept 2014). Steering committee members provided critical feedback into the selection of measures. In nearly all cases, both the measures selected and the measures considered, but not selected (see Appendix B), are results of group consensus. Guiding questions were provided during the meetings to solicit specific feedback. The questions provided a framework for comments that revolved around confirming measure validity, verifying that the measure was community facing and that the measure captured the determinant at the highest level possible. Appendix F contains the full list of steering committee questions. 5 Health Reporting Areas are geographies that more closely coincide with city boundaries. For more information please visit: Public Health Seattle & King County Health Reporting Areas Definition. 7| King County Determinants of Equity Baseline Project Research Limitations Throughout this report data limitationsfor each indicator analyzedare highlighted.Many demonstrate the need for a more comprehensive approach to outcome metrics and data disaggregation. Furthermore,due to time limitations and complexity,the Determinants of Equity language was analyzed determinant-by-determinant seeking to measure each individual definition. The fundamental challenge with this approach is that ESJ issues donot occurin silos. Although this method provided a reasonable starting point for indicator development, the next logical step is to developindicators that intersect with multiple determinant areas. This approach willserve to advance a deeper and more integrated understandingof equity across King County. Overviewof Key Findings Nearly all of the measures identified echo previous research findingsthat race, place,and income impact quality of life in King County. People of color, thosewith LEP,and who are low-income persistently face inequities in key educational, economic, and health outcomes.Below is an overview of findings by determinant, the full list of indicators is located in the Preliminary Equity Measuressection of this report and a detailed description of each indicator is found in the determinant chapters. 6 Figure 2: Quality of Life Indicators Early Childhood Development American Indian, Native Hawaiian,and Hispanic students lag the farthest behind in demonstrating kindergarten readiness;the most significantdisparity is in math. Infant childcare at licensed childcare centers in 2012 cost Black/African American families more than40 percent of their annual median income compared to Whiteand Asian families whospent just over 20 percent of their median income on infant childcare. 6 The Quality of Life Indicators map is an aggregate reflection of education, unemployment, income, obesity prevalence, uninsured adults prior to ACA enrollment and life expectancy in King County. For further details see 2014 King County ESJ Annual Reportpp.7-10. 8| King County Determinants of Equity Baseline Project Education The King County average for all third-grade reading proficiency in 2012 was 74 percent. During 2012, 84 percent of White students and 80 percent of Asian students reached proficiency in reading by the end of third-grade. In comparison only 56 percent of Hispanic students, 51 percent of Black/African American students, 46 percent of Pacific Islander students, and 42 percent of American Indian students reached proficiency in reading by the end of third-grade. During the 2011-12 school year, American Indian/Alaskan Native students had an on-time graduation rate of 55 percent, which is 25 percent below the county average (80 percent); students with LEP were 27 percent below the average (53 percent) and low-income students were 15 percent below the average (65 percent) for on time graduation. Jobs and Job Training The unemployment rate for Black/African American residents was close to 16 percent between 2010 and 2012, which was nearly double that of the unemployment rate for White and Asian residents. Between 2007 and 2011, Black/African American, American Indian/Alaska Native, and Hispanic/Latino residents experienced poverty at nearly three times the rate of White residents in King County. Health and Human Services Expansion of the Affordable Care Act brought insurance coverage to nearly 200,000 additional people in King 7 County. There is approximately a 10 year gap in life expectancy between areas of South King County where a higher 8 concentration of people of color, LEP, and low-income households reside and North and East King County. Food Systems Nearly half of Hispanic households with at least one child report running out of food at least once within the last 12 months in King County. On average, there are two and half times more fast food restaurants and convenience stores available than grocery stores and produce vendors across King County. Parts of South King County have five to seven times more fast food restaurants and convenience stores available than grocery stores and produce vendors. Parks and Natural Resources The 2009 and 2012 King County Resident Survey reports that 71 percent of King County residents report satisfaction with regional parks and trails. A park access study using 2010 data shows that affluent neighborhoods have almost twice the amount of robust park access (variety in park size and travel distance) than areas with a higher concentration of people of color, LEP, and low-income households. Built Environment & Natural Environment The air release of toxic chemicals grew by 24 percent in the South Region of King County between the years 2000 and 2006. During this same time period, air release of toxic chemicals declined in the East Region of King County by 19 percent and in Seattle by 5 percent. Transportation Minority and low-income residents have better than average proximity to Metro Transit - 76 percent of households in low-income census tracts, and 67 percent of households in minority census tracts are within a quarter mile of a transit stop, compared with 65 percent of all households in the County. 7 Cover King County 8 King County ESJ Annual Report, 2013. pp 3-4. 9| King County Determinants of Equity Baseline Project Residents in rural King County face a higher transportation cost burdenthan urban residents. Community Economic Development In 2009, White and Asian residents were almost two times more likely to own a home than Black/African American or Hispanic/Latino residents. Only 13 percent of all business enterprises are minority owned in King County, 7 percent below the U.S. average among other counties. Neighborhoods Almost three quarters (74 percent) of people who responded to the King County Resident Survey report being very satisfied/satisfied with their quality of life in King County. Residents earning less than $20,000/year report having the least amount of trust among neighbors. Housing Households that pay over 30 percent of income for housing are considered cost burdened by the U.S. Department of Housing and Urban Development. On average, 47 percent of households that rent in King County report spending over 30 percent of their annual household income on housing costs. Lack of access to stable housing remains an acute problem. On any given night an estimated 3,000 people sleep 9 without shelter in King County. Community and Public Safety Residents in South King County continue to report feeling a higher concern for safety than residents in other regions throughout the county. Residents who are low-income, people of color, and LEP report feeling a higher concern for safety. Law and Justice Although the overall incarceration rate has declined between 2005 and 2011, Black/African American adults remain significantly overrepresented in the jail population relative to their percentage in the general population. In 2013 Black/African American youth were five times more likely to be referred to the Juvenile Justice System than White youth. While there is a very strong foundation and many valuable activities focused on ESJ currently occurring, there is not a clear theory of change framework guiding the overall ESJ work of the County. Using this initial work to advance measurement of the Determinants of Equity is a vital next step to achieve regional progress. In addition, throughout the course of this research, gaps in the ordinance language and opportunities for increased coordination of ESJ efforts were identified. Finally, ways to further institutionalize ESJ were identified by including ESJ outcomes and indicators into ongoing business performance management processes. Recommendations Advance Measurement of the Determinants of Equity The immediate next step for advancing actions to improve equity in the community should begin with engaging King County employees and external organizations. This process will help round out the understanding of current community conditions and is useful for refining the list of indicators to a smaller set of key measures that are reflective of the coun 9 King County One Night Count (2014). Because the one night count does not count everywhere in King County and many people live in places not visible or accessible, this number is considered an undercount. 10| King County Determinants of Equity Baseline Project condition across determinants. Having a smaller list of key indicators lends to creating a dashboard that will help the County identify and communicate the priority ESJ issues and allow us to track progress over time. A dashboard of priority indicators will help incorporate performance management into ESJ efforts and allows leaders to know if the county is progressing toward a fair and just community. In the long term, advancing equity measurement should involve incorporating more rigorous analytical and statistical methods to help quantify disparities and their impacts and understand if programs are reaching their intended goals. This long-term vision also includes revisiting how existing management infrastructure, like the CAIMs High website, can be utilized or revamped to meet stakeholder needs. Developing an online portal to allow organizations to share data, access findings, and conduct real-time analysis to guide pro-equity responses is critical to supporting regional progress. Measuring inequity is an emerging field of analysis that will pose several challenges for developing a community-scale equity baseline and dashboard to track community conditions. One of the biggest challenges is that quantifying inequities is a new way of looking at community conditions; therefore, information such as distributional equity data is not standardized. In addition, there are wide ranges of community conditions to include in analysis. Navigating these challenges requires analytical expertise and broader engagement with an array of civic, public, and private organizations involved in ESJ efforts. This engagement is vital for refining the initial work on the determinants, sharing the vision for creating a community-scale equity baseline, providing ongoing analytical support, and incorporating community feedback. Developing a community-scale equity baseline and dashboard in collaborations with other civic, public, and private organization involved in ESJ efforts is vital to regional success and will create an ability to track community conditions over time. This is important because it can help strengthen decisions in resource allocation, provides information about which ESJ efforts are having the intended effect, and guide course corrections so efforts can achieve positive change. The ideas outlined in this recommendation are just one way to proceed with advancing measurement of the Determinants of Equity. The complexity of this undertaking requires thoughtful consideration from leadership and key stakeholders on how to orchestrate activities to create a methodically sound and community supported tool. Revise ESJ Ordinance Language Throughout the course of this project, gaps were found in the definitional language of several determinants. The ordinance could be strengthened if language revisions are made to fill these gaps. Recommended revisions are included in the explanation of measures by determinant and are cataloged in Appendix C. At a minimum, adding language in the determinants to include equity in voting participation and civic vitality should be considered, as this language is entirely absent from all determinant definitions. Including this language is important because participation in elections is the cornerstone of a strong democracy and a fundamental civil right. In a country where access to voting has a long and tumultuous history of exclusion, it is important to continue understanding who is participating in local decision-making. Adding civic vitality (as potentially measured by voter registration, voter turnout, and other factors that demonstrate engaged citizenry) is a way to monitor access to voting in King County, ensuring that underrepresented communities have a voice in the civic process. 11| King County Determinants of Equity Baseline Project Establish a Theoryof Change King County usesa visualstreammetaphortoframe itswork on ESJ. The stream is a visual reminder that inequities in The stream can be used to help illustrate a theory of change (TOC) with measureableindicators. The basic premise of a TOC is established in the stream by defining the flow of outcomes, from upstream societal level, tomid-stream community-leveland down to theindividual/ family level. The TOC implicit to this model is that working on ESJ at the uppermost part of the stream (societal level) impacts downstream outcomes (individual and family level). The reason a TOC is suggested over a logic modelat this phaseis that a TOC bettercapturesthe broadwork of ESJ across King County. Whereas a logic model should be included at the program level,aTOC canrepresentthe fluidity and complexity of thiswork at a high-level whilemaintaining the integrity of measurement; making ita useful visual for talking about ESJ work occurring in the County.Addingindicators to measure items in eachcategory(societallevel,community- leveland Individual/family level) will help strengthenthisTOC. Below is an example of how this stream might be convertedinto ameasurableTOC. 10 Figure 3: The list of indicators below each section of the stream correspondswith outcomes listed inside the stream.Data for each indicator listed in this example, with the exception ofEquity in County Practices, is included in this report.Reworking the 10 Original version available at: King County Equity and Social JusticeHomepage. 12| King County Determinants of Equity Baseline Project streamvisualto represent priority outcomes and incorporating measures for each outcome will make this a concise and valuable visual for communicating the ESJ TOC across King County. Integrate Measures into Strategic Innovation Plans The Executive Order that went into effect October 4, 2014, calls for the development of a countywide ESJ Strategic Innovation Plan (SIP) in close collaboration with the ESJ IBT. This report is a natural stepping-stone for the development of an ESJ SIP because it has been conducted in collaboration with the ESJ IBT Data Workgroup and the larger ESJ IBT group. The set of measures help equip the ESJ SIP planning team to conduct meaningful community engagement and hone in on priority areas. Additional SIPs conducted by the County to further its strategic planning should also incorporate an equity analysis and ESJ measurement elements. Consolidate ESJ Efforts by Bringing People and Projects Together The challenge that emerged during the course of interviewing departments is that many people are excited about ESJ work, but are largely unaware of how other departments are involved in advancing this priority. This is a problem because not seeing the vast amount of cross-sector progress the County is making can stifle employee engagement. Although the , this still remains an area for growth. Throughout the course of this project the research team identified several ESJ efforts within the County that many employees were not aware of. Examples of equity-related efforts that do not have widespread awareness include the Health and Human Services Transformation Plan, STAR Communities and Puget Sound Equity Network. One idea to capitalize on the existing energy and commitment to ESJ that will satisfy the ESJ SIP requirements outlined in the Executive Order (ACO 9-2 (AEO)) 1B and 1C bullet point one is to develop an ESJ Blog or use an online 11 engagement tool (such as Mind Mixer or Yammer) to share information and promote dialogue about ESJ projects. Using social media allows leadership, staff and the community to engage in the ESJ conversation and creates space for innovative ideas to surface. Facilitating this type of interaction and awareness can capitalize on the existing energy and increase the momentum around ESJ. Line of Business Planning & Base Budget Analysis As departments work to define Line of Business (LoB) products and outcomes, they should also consider community-level ESJ indicators that can strengthen the overall delivery of government products. In the context of Quality, Cost, Delivery, Safety and Morale (QCDSM), community-level ESJ indicators reflect the ultimate outcomes that the LoB is meant to achieve. Two important things happen when departments incorporate community-level ESJ measures into LoB planning. First, ESJ outcomes are integrated into government products and outcomes. Second, the department has the opportunity to consider, deliberately and explicitly, their potential influence and impact on the community. Furthermore, this awareness can be sustained by including ESJ indicators on department-level and division- boards. Although King County LoBs are by no means the sole contributor to impacting community outcomes, their products can likely make important contributions. Monitoring these outcomes allows departments to see their products influence on community-level indicators, which can in turn help behavior change. The list of 67 community indicators included in this report provides a starting point for departments to consider what type of ESJ outcome and product metrics are most appropriate for their LoB. 11 Executive Order (ACO 9- 13| King County Determinants of Equity Baseline Project The call to include community-levelESJ indicators into LoB planning is certainly no small task. King Countycurrently has more than 40 LoBs that provide a wide array of services; some services, like those in the domain of public health, lend themselves to a natural fit with incorporating community-level ESJ indicators while others are more challenging. The benefit of this initial work is that it provides a diverse menu of indicators that departments can use as a starting place to consider how best to incorporate ESJ in LoB planning for alignment purposes. This is possible even in LoBs that seem somewhat removed from impacting community-level ESJ outcomes. For example, the intersection between the Airport LoB and ESJ community indicators is not particularly obvious. This LoB has an outcome to enhance economic development in and around the King County International Airport (KCIA). Selecting a corresponding ESJ measure from the Community Economic Development determinant is one way the Airport LoB can start to think about incorporating ESJ indicators. Monitoring this outcome with community-level ESJ indicators helps bring understanding for whom KCIA is creating economic opportunity. In addition, this initial work can help further the identification of shared outcome metrics between departments. One example of an existing shared outcome is increasing regional mobility. This outcome involves several co-actors, but LoB products that contribute to this outcome (e.g. development of regional trails and public transportation) have an ESJ lens embedded in the work, allowing for shared ESJ outcomes within the broader goal of regional mobility. The purpose of calling out this many-to-many relationship is to say that it is important for departments to continue to identify, measure, and track shared ESJ outcomes across sectors. This initial work on determinant indicators is one source that can prompt ideas for spotting shared ESJ outcomes and cross-sector products that can contribute to these outcomes. Similarly, community-level ESJ measures compliments the work to integrate an ESJ lens into budget decisions that is already underway at the County and can be used as a resource for base budget analysis and planning. The budget has a relationship with each of the 14 Determinants of Equity. This initial work provides data organized by determinant making it areadily available resource for understanding the landscape of community conditions. This is important because it gives context to the services and programs provided by departments. In addition to context, this report begins to show the broader strategic relationship, collective impacts, or domino effects, between determinants. For example, programs that help people afford food (food security) can also impact school readiness and healthy years lived. Having an explicit awareness of this domino effect and the landscape of equity prepares budget analysts to highlight ESJ considerations with departments, the Executive, and the Council. Continuing to develop measurement of the Determinants of Equity could be an important tool for informing resource allocation and creating a strong foundation for integrating ESJ into LoB planning and base budget analysis. The 67 community-level ESJ indicators identified in this report are an initial step at capturing the landscape of equity across King County. Despite active commitment to ESJ, a baseline of community conditions across the county has not existed, making it difficult to track regional progress over time. ESJ measurement is a new field that poses several challenges, but working toward a community-scale equity baseline and dashboard are promising methods for promoting regional progress, tracking change over time, and informing resource allocation. Immediate next steps for advancing measurement of the Determinants of Equity should begin with engagement to r current community conditions. These activities will promote awareness and provide learning about the concerns of various stakeholders, especially priority populations that include low income, people of color, and those with LEP. Working through the process of identifying key indicators, aligning with other civic, public and private sector partners and incorporating statistical approaches to develop a community-scale equity baseline and dashboard are vital to regional progress. This effort also supports the institutionalization of ESJ in ongoing government business and performance management practices. 14| King County Determinants of Equity Baseline Project Preliminary Measures of Equity Below is the list of the 67preliminary indicators identified in this project. Figure 4 Early Childhood Development Families who report reading nightly Adverse Childhood Experiences Participation in Early Achievers Median Child Care Cost as Percent of Annual Income by Race Kindergarten Readiness Education 3rd Grade Reading Proficiency 4th Grade Math Proficiency ELL Students Making Progress Learning English Parent Perception of Cultural Responsiveness On-Time High School Graduation Rates Drop Out Rates Discipline Rate Direct Enrollment Job Training and Jobs Living Wage Gap Unemployment Poverty Rate Median Houshold Income by race Health and Human Services Unmet Medical Need Uninsured Adults Uninsured Children Life Expectancy Infant Mortality Obesity Diabetes Tobacco Use Frequent Mental Distress Food Systems Retail Food Environment Index Food Security Percent of Students with Free or Reduced Lunch Participation in Food Assistance Programs Parks and Natural Resources Resident Satisfaction with Parks Open Green Space Distribution of Regional Trails Park Accessibility Distribution of Playgrounds Healthy Built and Natural Environment Land Use Index Vegetation Distribution Pollution by Region 15| King County Determinants of Equity Baseline Project Transportation Metro Transit Rider Satisfaction with Safety Metro Transit Passenger Crowding & Schedule Reliability Reliance on Metro Transit Proximity to MetroTransit Metro Transit On-Time Performance Walk Score Bike Score Transit Score Metro Transit Reduced Fare Utilization Metro Transit Low-Income Fare Utilization Transportation Cost-Burden Community Economic Development Home Ownership Foreclosure Risk Score Change in Residential Assessed Value People of Color Owned Businesses Neighborhoods Residential Mobility Social Support Social Cohesion Resident Satisfaction with Quality of Life Voter Registration Voter Turnout Housing Poor Housing Conditions Cost Burdened Households Weighted Road Density Values Homelessness Community and Public Safety Perceived Neighborhood Safety Crime Rate Law and Justice Incarceration Rate Juvenile Justice Change by Decision Point 16| King County Determinants of Equity Baseline Project In an attempt to pare down the list of 67 indicators, the research team sought to identify the most significant indicators (tier 1) that impact multiple determinant areas. The research team used the question below to select 21 top tier indicators. This is the first attempt at creating an equity scorecard. Through the review process, this list is anticipated to shrink to a more concise list of top tier indicators. Below is the guiding question used by the research team to generate this list of top tier indicators. Figure 5: Top tier indicators 17| King County Determinants of Equity Baseline Project Early Childhood Development 18| King County Determinants of Equity Baseline Project Return to Table of Contents Overview of Findings Link to Metadata Early Childhood Development Ordinance Definition: Early Childhood development that supports nurturing relationships, high quality, affordable childcare, and early learning opportunities that promote optimal early childhood development and school readiness for all children. Early Childhood Development is an essential part of healthy cognitive, linguistic and social development. During the first three dramatic development and growth. Children who have access to quality early development are more likely to achieve later success as adults. Research has shown that children with lower 12 socioeconomic status may begin to lag behind their peers from higher income families as early as 18 months of age. The recommended indicators below were selected for their ability to measure early childhood development. Each indicator matches with a measurable topic in the ordinance definition. Recognizing it may not be feasible to track all indicators over time, the essential measure for this determinant is identified below in italics. What makes this measure essential is its ability to capture the spirit of the determinant at the highest level and that it can impact other determinant areas. Preliminary Measures Nurturing Relationships Families who report reading nightly Adverse Childhood Experiences High Quality Participation in Early Achievers Affordable Childcare Cost Burden: Median Child Care Cost as Percent of Annual Income by Race School Readiness Kindergarten Readiness Key Findings American Indian, Native Hawaiian and Hispanic students lag the farthest behind in demonstrating kindergarten readiness; the most significant disparity is in math. Infant childcare at licensed childcare centers in 2012 cost Black/African American families more than 40 percent of their annual median income compared to White and Asian families who spent just over 20 percent of their median income on infant childcare. Participation in Early Achievers has increased by 15 percent in King County between 2013 and 2014. 12 Carey, Bjorn. (2013). Language Gap between Rich and Poor Kids Begins in Infancy. Stanford News. 19| King County Determinants of Equity Baseline Project Limitation of Ordinance Definition The early childhood development determinant does not include a component for culturally competent or culturally responsive education. Any revisions to ordinance language ought to include adding culturally responsive education. No data that correspond with culturally competent early childhood education were identified at this stage of research. Further research is needed in this area to identify appropriate measures for culturally competent/culturally responsive early childhood education. 20| King County Determinants of Equity Baseline Project FamiliesWho Report Reading Nightlyto Children Birth to 5 MeasureDefinition:Percent of parents who report reading nightly to children under five years old, reported by race/ethnicity, income and primary language status What is the Significance? ,but also their social/emotional development. Listening to stories can help children build confidence and deal with their feelings. Reading and storytellingencourages language development, reading comprehension, and schoolsuccess.Researchshows that by the age of three,children from high-income families had heard 30 millionmore words thanthree-year olds from 13 low-income families.Through bolstering early exposure to reading it is possible to increase school readiness for young children. What is the Measure Status? Data from the Communities Count 2011 surveyinforms that the percentage of parents who report reading to young children varies dramatically among high-earning families. Daily reading was more common among families who are high- 14 earning, white (non-Hispanic) and who spoke English asa first language.This information is important because early reading corresponds with literacy and often times children from families that are low-income families, people of colorand where English is not their first language, perform lower on third-gradereading proficiencyexams. Figure 6 What is the Measure Availability? 13 Education Review, 77 (1), 100-118. 14 Communities Count -Reading & Telling Stories to Children 21| King County Determinants of Equity Baseline Project Data from theCommunities Count Survey is collected every three years. Communities Count reports this data on their website making it readily available for use. Data Limitations of Colo trend is true for income and languages spoken. These data are dependent upon continuous funding for the Communities Count Survey. Further, assuming the survey is continued, variation in the survey administration or question structure may prevent the analysis of trend data. Adverse Childhood Experiences (ACE) Measure Definition: Experiencing sexual abuse, verbal abuse, physical abuse, witnessing domestic violence, having divorced/separated parents, a household member with substance abuse issues, a household member in prison or a mentally ill household member. What is the Significance? Adverse Childhood Experiences (ACE) include experiencing sexual abuse, verbal abuse, physical abuse, witnessing domestic violence, having divorced/separated parents, a household member with substance abuse issues, a household member in prison or a mentally ill household member. Reporting four or more of these experiences constitutes a high 15 ACE score and is commonly understood to have a harmful effect on adult health outcomes. The Washington State Family Policy Council states 16 and the strongest common driver of mental, physical and behavioral health costs. Through tracking the populations with the highest exposure to ACE we can understand who may be at an increased risk of poor health outcomes. What is the Measure Status? The red shading in figure 7 shows that the highest concentrations of ACE scores are found in South Seattle and South King County. Additionally, figure 8 highlights the difference in ACE scores by age, race and gender. For example, 31 percent of American Indian/Alaskan Native respondents reported high exposure to adverse childhood experiences, while only 6 percent of Asian respondents reported exposure to four or more experiences. 15 Communities Count - Adult Health Outcomes 16 King County Health and Human Services Transformation Plan: Maps of King County by Census Tract 22| King County Determinants of Equity Baseline Project Figure 7 Figure 8 What is the Measure Availability? Although data on ACEs are collected by the Behavioral Risk Factor Surveillance System (BRFSS), it is not a regular question. This question is not slated to be asked on the BRFSS survey again until 2017. Data Limitations The map above is from the Health and Human Services Transformation Plan. The evaluation plan for Communities of Opportunity is not finalized at this time and it is unclear if the map shown above will be recreated again for King County or only for the selected Communities of Opportunity sites. Participation in Early Achievers Measure Definition: Percent of licensed eligible childcare centers participating in Early Achievers (WA QRIS program). Participation in Early Achievers signifies the intent of a childcare program to participate in the state Quality Rating and Improvement System (QRIS). Early Achievers is a new program and many centers that have enrolled to participate have not yet been rated. What is the Significance? High-quality childcare prepares children for success in early education and throughout life. Research has shown that children who have access to high quality educational opportunities in child care settings obtain more years of education 17 and are more likely to graduate from college than children without the same access to quality care. Early Achievers is and Improvement System (QRIS) that provides training, coaching and incentives to child care providers to promote early learning and development. Through ensuring that all childcare facilities are high quality the County can support healthy development and school readiness. 17 Frances A. Campbell, Elizabeth P. Pungello, Margaret Burchinal, Kirsten Kainz, Yi Pan, Barbara H. Wasik, Oscar A. Barbarin, Joseph J. Sparling, Craig T. Ramey. Adult outcomes as a function of an early childhood educational program: An Abecedarian Project follow-up.. Developmental Psychology, 2012. 23| King County Determinants of Equity Baseline Project What is the Measure Status? Participation in Early Achievers is continuing to steadily increase in King County since its launch in 2012. Figures 9 and 10 show a 15 percent enrollment increase from 2013 to 2014. Increasing provider participation in the Early Achievers network increases opportunities for families looking for quality care. The statewide expansion of Early Achievers is currently funded by a grant from Race to the Top, which makes it possible for providers to enroll at no cost. Figure 9 Figure 10 Early Achievers Early Achievers Participation August Participation August 2013 2014 Not Enrolled Not Enrolled Enrolled 30% Enrolled 45% 70% 55% What is the Measure Availability? This information is available through the annual report published by Child Care Resources and is also available through special request to the Early Achievers Community Outreach Lead at Child Care Resources. Data Limitations Early Achievers is a new rating program launched in 2012, and participation in Early Achievers does not signify a facility has received a quality rating. As more providers are enrolled in the Early Achievers, there is potential to move to measuring the percent of providers receiving a quality rating, as well as their location. At time of publication the number of providers achieving a quality rating was private information and it is uncertain when this information will become public. Further, it is unclear whether data collection for providers achieving quality-rating status will be a more costly/time-consuming effort than capturing the percentage of providers enrolled. Childcare Cost Burden: Median Child Care Cost as Percent of Annual Income by Race/Ethnicity Measure Definition: Median child care cost as percent of annual income by race/ethnicity. What is the Significance? 24| King County Determinants of Equity Baseline Project Childcareis often a necessary expense for working families. Many families pay a significant portion oftheir earnings for childcare and cost can be a burden or barrier for some families seeking care for their children. In Washington, the average 18 annual cost of full-time childcare in a center is more than the cost of the average tuition and fees at a public college. What is the Measure Status? The average median household income varies drastically by race/ethnicity in King County. As a result of the difference in annual income, the burden of child-care cost impacts households differently depending on race. The percent of income spent on child-care also depends on whether a child is in care at a home care site or in a child-care center. Although there are more home care sites than child-care centers, child-care centers have a larger capacity and thus care for more children than home sites. Figure 11 shows childcare cost by age as percent of median household income; this is broken down by race/ethnicity for licensed home care. This graph shows that by percent of median income, in 2012 Black/African American families spent 30 percent of their income to pay for infant childcare and over 25 percent of their income for childcare through preschool; American Indian/Alaskan Native families spent nearly 30 percent of their income to pay for infant and toddler childcare, compared to White families who incurred nearly half this cost. Figure 12 makes the same comparison for licensed child-care centers. In 2012, Black/African American families spent 40 percent of their income to pay for infant childcare; American Indian/Alaska Native spent nearly 40 percent of their income to pay for childcare. Both graphs highlight the disproportionate cost burden of childcare cost facing families that are Black/African American and American Indian/Alaska Native. Figure 11 35% Monthly cost of licensed home care by age of children as a percentage of median household income by race King County (2012) 30% 25% White Black/African American 20% American Indian/ Alaska Native Native Hawaiian/ Pacific 15% Islander Asian 10% Hispanic 5% 0% Infant Toddler Preschool School Age 18 Child Care Aware of America. Parents and the High Cost of Child Care 2013 Report. 25| King County Determinants of Equity Baseline Project Figure 12 45% Monthly cost of licensed center care by age of children as a percentage of median household income by race King County (2012) 40% 35% White 30% Black/ African American 25% American Indian Alaska Native Native Hawaiian/ Pacific Islander 20% Asian Hispanic 15% Two or More Races 10% 5% 0% Infant Toddler Preschool School Age What is the Measure Availability? Data on median child care cost for King County are available by request from Child Care Resources and the data on household income by race/ethnicity is available through the American Community Survey. Data Limitations Producing this analysis would require County staff time as it is not a measure that is currently reported. Additionally, the method by which Child Care Resources determines the median cost of child-care is unknown. Finally, data received by Child Care Resources was provided from two different dates in two different calendar years; although the data appear reliable, the true stability of this dataset is not known. Kindergarten Readiness Measure Definition: Percent of students who demonstrate the skills of a kindergartener in the domains of social emotional, physical, language, cognitive, literacy, and math at the beginning of kindergarten. What is the Measure Significance? 26| King County Determinants of Equity Baseline Project Children who enter school behind others 19 in their age group often struggle and must do more work to catch up with their peers. Early assessment is a tool that can cue early intervention for children who do not yet have skills typical of their age group to receive tailored instruction. What is the Measure Status? Focusing efforts on increasing school readiness helps ensure that all children arrive at school prepared to learn and succeed and are not spending precious hours of learning time attempting to catch up to their peers. Figure 13 captures school readiness in six different assessment categories by student income status (income is determined by student eligibility for Free or Reduced Lunch). This graph highlights inequities in all of the six assessment categories; however, the most significant category for intervention exists in math readiness. Figure 13 WaKIDS Individual Category Readiness Assessment 2012-2013 King County By Income Level Low-IncomeNon Low Income 91% 85% 85% 83% 81% 78% 74% 74% 71% 70% 62% 47% Social Emotional Physical Language Cognitive Literacy Math Figure 14 and figure 15 show the number of students who were assessed to be ready in all six categories as a percentage of all students who completed the assessment. Low-income students were less than half as ready compared to their non- low income counterparts. Additionally, these data are reported by race/ethnicity, which shows that in general, roughly 50 percent of children are not ready for kindergarten and that American Indian, Native Hawaiian and Hispanic students lag the furthest behind. 19 http://aspe.hhs.gov/hsp/10/SchoolReadiness/apd.shtml 27| King County Determinants of Equity Baseline Project Figure 14 King County WaKIDS Readiness Assessment by Income Level 58% 52% 35% 33% Low-Income Non Low-Income 2012-20132013-2014 Figure 15 King County WaKIDS Readiness Assessment by Race/Ethnicity 51% 50% 50% 47% 2012 45% 40% 40% 40% 2013 35% 34% 33% 29% 28% 22% American Native Two or More Asian Black White Hispanic IndianHawaiian 28| King County Determinants of Equity Baseline Project Figure 16highlights this same group of students requiring the most significant intervention in the area of math. The multiple dimensions by which this data set is available make it a strong indicator to understand the Determinants of Equity as they are outlined in the Fair and Just Ordinance. Figure 16 100% WaKIDSAssessment Shows Disparities in School Readiness in the Beginning of Kindergarten Race/Ethnicity 90% 78% 80% 75% 72% 70% 75% 74% 70% 71% 71% 71% 70% 68% 70% 63% 60% 58% 60% 50% 45% 42% 38% 40% 30% 20% 10% 0% Social Emotional Physical Language Cognitive Literacy Math American Indian/ Alaska NativeAsianBlack/ African AmericanHispanicNative Hawaiian/ Pacific IslanderTwo or More RacesWhite What is the Measure Availability? Thesedata are available by request from OSPI with King County information by race/ethnicity, LEP and Free/Reduced Lunch subgroup status. WaKIDS is a new system implemented in 2011-2012 school year and all kindergartens are not yet participating. Full participation is expected in the 2014-2015 year and it may take several years for the data to stabilize. However, this is currently the best standardized measure for kindergarten readiness. Finally, the coordination between WaKIDS and Early Achievers is something to monitor because over time it will provide a vivid picture of school readiness. Data Limitations Because WaKIDS is a new program with growing participation rates, data suppression is currently an issue with school district data. This problem is anticipated to resolve as the program reaches full participation. Data by county is not currently available via the OSPI website; however, it can be obtained through a request to the OSPI Student Information Coordinator by county. When the data is obtained at the county level data suppression is mitigated. 29| King County Determinants of Equity Baseline Project Education 30| King County Determinants of Equity Baseline Project Return to Table of Contents Overview of Findings Link to Metadata Education Ordinance Definition: Education that is high quality and culturally appropriate and allows each student to reach his or her full learning and career potential Equal access to education has troubled our nation for centuries. Education is a platform for future career success; however many students, including low-income and students of color, face barriers to obtaining educational success. Low educational attainment correlates in many cases with decreased job opportunities, unemployment and higher rates of poverty. Education access is necessary to sustain employment and improve economic opportunities that allow people to reach their full career potential. The recommended indicators below were selected for their ability to measure education. Each indicator matches with a measurable topic in the ordinance definition. Recognizing it may not be feasible to track all indicators over time, the essential measures for this determinant are identified below in italics. Essential measures are the highest level indicator that captures the spirit of the determinant and can impact other determinant areas. Preliminary Measures High Quality Third-grade reading proficiency Fourth-grade math proficiency Culturally Appropriate English Language Learner (ELL) Students making progress learning English Parent perception of cultural responsiveness Learning Potential On Time Graduation Rates Drop Out Rates Discipline Rates Career Potential Direct Enrollment Key Findings The King County average for all third-grade reading proficiency in 2012 was 74 percent. During 2012, 84 percent of White students and 80 percent of Asian students reached proficiency in reading by the end of third-grade. In comparison only 56 percent of Hispanic students, 51 percent of Black/African American students, 46 percent of Pacific Islander students, and 42 percent of American Indian students reached proficiency in reading by the end of third-grade. During the 2011-2012 school year, American Indian/Alaskan Native students had an on-time graduation rate of 55 percent, which is 25 percent below the county average (80 percent); students with LEP were 27 percent below 31| King County Determinants of Equity Baseline Project the average(53 percent)and low-income students were 15 percent below the average (65 percent) for on time graduation. American Indian students & students reporting LEP have a dropout rate more than two times the county average. Limitation of ordinance definition This determinant is interpreted as emphasizing K-12 education and not specifically accounting for adult learners. Either explicitly limiting this determinant to K-12 or expanding the definition to include adult learners would be helpful in defining the scope of this determinant. Accounting for adult learners who return to a traditional four-year university or community and technical college to achieve a degree or change career paths could make this measure more representative of the education system as a whole. 32| King County Determinants of Equity Baseline Project Return to Reading Nightly Third-grade Reading Proficiency Measure Definition: Percent of students proficient in third-grade reading on the Measurement of Student Progress (MSP) test by race, LEP, and income from 2010-2012. What is the Measure Significance? Third grade is a significant time in education. Up until third-grade children are learning to read, after third-grade children 20 are reading to learn. Third-grade reading is a significant predictor of eighth-grade reading proficiency. In a recent study, students who could not read at grade level by third grade were four times less likely to graduate high school by the time 21 they turned 19 than those who read proficiently in third-grade. The struggle to attain new information while also improving reading comprehension contributes to the existence of the readiness gap. Through supporting early learning the County can work upstream to get ahead of poor educational outcomes. What is the Measure Status? Trends in reading proficiency were relatively constant from 2010-2012 with less than 80 percent of all students achieving proficiency in reading by the end of third grade. American Indian students score lowest in proficiency with near 40 percent of American Indian students reaching proficiency by the end of third-grade. Figure 17 shows third-grade reading proficiency by race/ethnicity. These data are also available for income (determined by eligibility for free/reduced lunch), Limited English Proficiency, Migrant and Special Education status. Figure 17 20 Lesnick, J., George, R., Smithgall, C., Gwynne, J. (2010). Reading on Grade Level in Third-grade: How is it related to high school performance and college enrollment? Retrieved from: http://www.chapinhall.org/research/report/reading-grade-level-third-grade-how-it-related-high-school- performance-and-college-e 21 Hernandez, D. (2012). How third-grade reading skills and poverty influence high school graduation. The Annie E. Casey Foundation. New York, NY. 33| King County Determinants of Equity Baseline Project What is the Measure Availability? Thesedata are reported by OSPI and are available to download in an excel file from their website. The King County AIMS High website reports OSPI data as shown in figure 17. Data Limitations 22 This change in assessment will impact the ability to look at change over time in this indicator. Fourth-grade Math Proficiency Measure Definition: Percent of students proficient in fourth-grade math on the Measurement of Student Progress (MSP) test by race, LEP, and income from 2010-2012. What is the Measure Significance? Research from the Brookings Institution found more than a quarter of jobs in the Seattle-Tacoma-Bellevue area are 23 Science, Technology, Engineering, and Math (STEM) jobs. Early learning and competency in mathematics is an important preparation for King County youth to successfully learn STEM skills and compete in the marketplace. What is the Measure Status? The performance gap between students by race/ethnicity is striking. Fourth grade math proficiency rates for Asian and White students are consistently near 75-80 percent while Hispanic, Pacific Islander, American Indian and Black/African American students score in the range of 25-45 percent proficiency. The average math proficiency rate in King County is 62 percent. Students who do not succeed in math may have difficulty completing grade level requirements on time. Figure 18 22 Measurements of Student Progress (Grades 3-8) 23 Rothwell, J. (2013). The hidden STEM Economy. The Brookings Institute. 34| King County Determinants of Equity Baseline Project What is the Measure Availability? Thesedata are reported by OSPI and is available to download in an excel file from their website. The King County AIMS High website reports OSPI data as shown in figure 18. Data Limitations 24 This change in assessment will impact the ability to look at change over in this indicator. English Language Learners Making Progress Learning English Measure Definition: Annual Measurable Achievement Objectives - 1 (AMAO-1). What is the Measure Significance? Making progress learning English is an important contributor to student success. In King County, 53 percent of Limited English Proficiency students graduate in 4 years. Figure 19 is the OSPI Annual Measurable Achievement Objectives Summary (AMAO-1), and represents the number of students making satisfactory progress learning English every year. Through improving student success in learning English, the County can increase the likelihood that English Language Learner students will be able to learn and succeed in all their courses. What is the Measure Status? Thesedata provide a way to understand the differences amongst school districts in supporting English Language Learners to achieve proficiency. These data are tracked by the Road Map project as a component of educational success for schools in South Seattle and South King County. Figure 19 24 Measurements of Student Progress (Grades 3-8) 35| King County Determinants of Equity Baseline Project What is the Measure Availability? Thesedata are reported annually by OSPI and are available to download in an excel file from its website. Data Limitations It is important to note this dataset is fairly young. The 2010-2011 school year was the first year this information was reported on. Although this dataset appears stable, it may take one to two more school years to show a constant trend or change over time. Parent Perception of Cultural Responsiveness Measure Definition: Composite score of 7 questions feedback and overcome cultural barriers. See metadata for complete list of questions. What is the Measure Significance? Parent engagement is an important piece of student success. Engaging parents who come from non-dominant communities and identities in a way that is culturally responsive can boost critical relationships and help support student 25 success. 26 education. What is the Measure Status? The data in figure 20 was collected for the first time in 2013 as part of the Road Map Project Regional Parent Poll and 27 included a pool of 2,051 parents from the Road Map Region. Figure 20 What is the Measure Availability? It is unclear at this time how frequently this information will be updated. Data from the 2012 survey cannot be disaggregated at the school level. This indicator is part of a set of common parent engagement indicators developed in collaboration between the University of Washington college of Education, Road Map Project Community Network and Data Advisors Group. It is possible, cost permitting, to employ the questions used here in the Communities Count or King County Residential Survey to obtain these data for the county at large. 25 Ishimaru, A. M., Lott, J., Fajardo, I., & Salvador, J. (2014). Towards Equitable Parent-School Collaboration: Developing Common Parent Engagement Indicators (White Paper). Equitable Parent-School Collaboration Research Project, Seattle, WA: University of Washington. 26 OneAmerica. (2012). Breaking Down Education Barriers: Lessons From Immigrant Youth and Families in South King County. 27 Data Source: Road Map Project 2013 Results Report 36| King County Determinants of Equity Baseline Project Data Limitations Thesedata include only Road Map Region Schools (Auburn, Federal Way, Highline, Kent, Renton, Tukwila and South Seattle Public Schools). As this is a survey measure, collecting this information for the entire county would come at a cost. At thetime of this publication the questions that contribute to this measure were unidentified. On-Time High School Graduation Rates Measure Definition: Adjusted four-year cohort graduation rates by race, LEP and income. What is the Measure Significance? Most living-wage jobs require a minimum of a high school diploma or equivalent. High school completion prepares students to go on to college, into the job market or to apprenticeship training programs. On average, high school graduates earn more than peers who did not complete high school or obtain an equivalent. What is the Measure Status? The data displayed in figure 21 and 22 show four-year adjusted cohort (students who graduated in four-years). While the average King County graduation rate is almost 80 percent, major differences exist between race/ethnicity. During the 2011-2012 school year, 55 percent of American Indian Alaska Native students graduated on time. Further, Limited English Proficiency students have a graduation rate of 53 percent and 65 percent of low-income students finish high school on time. Figure 23 shows the graduation rate by school district, noting that school districts with lower on-time graduation are often the schools that teach a higher concentration of students of color, low-income and those with LEP. Figure 21 Figure 22 37| King County Determinants of Equity Baseline Project Figure 23 What is the Measure Availability? Thesedata are reported by OSPI and are available to download in an excel file from its website. Data are reported annually and are available for both four-year and five-year adjusted graduation cohorts. Five-year cohorts represent the number of students who complete a high school five years after beginning. Data are collected and analyzed by Communities Count. Data Limitations Communities Count produces analysis of this OSPI dataset; however, the frequency with which Communities Count will continue this analysis is unknown. Dropout Rates Measure Definition: Total number of students who have dropped out of high school divided by the net total number of students, by race, LEP and income. What is the Measure Significance? A high-school diploma is increasingly a basic standard for employment; students who do not obtain a high-school degree have significantly different lifetime earnings than those who complete further education. Almost 11 percent of youth 38| King County Determinants of Equity Baseline Project 28 between the ages of 16-24 are not in school and are unemployed.Students who drop out of high school are at a greater risk of being both unemployed and not connected to education, setting them on a course where it is difficult to achieve success. By reducing the number of students who drop out of high school, the County can impact graduation rates and student success. What is the Measure Status? thth The estimated cohort dropout captures the percentage of students who dropped out of school between 9 and 12 grade as a percentage of all students in a particular subgroup (race/ethnic, LEP, income, etc.). American Indian students have a dropout rate more than two times the county average and more than three times the dropout rate for white students. Low-income students are at an elevated risk to drop out and students reporting limited English proficiency are more than twice as likely as the county average to drop out. Figure 24 Estimated Cohort Drop Out Rate (by race/ethnicity) 27 21.8 19.2 18.4 12.1 11.7 9 7.9 2012 King County AverageWhiteAsianPacific Islander BlackAmerican IndianHispanic2 or more races 28 2013 Opportunity Index. Measure of America and Opportunity Nation. Retrieved from: http://opportunityindex.org/#9.00/47.548/- 121.983/King/Washington 39| King County Determinants of Equity Baseline Project Figure 25 Drop Out Rate King County AverageLimited English ProficiencyLow Income 24.4 19.6 11.7 2012 What is the Measure Availability? Thesedata are reported by OSPI and are available to download in an excel file from its website. Data are reported annually and are available for both four-year and five-year adjusted graduation cohorts. No identified source is annually producing reports including drop out data about students in King County by race/ethnicity, LEP and Low-Income status. Data Limitations Many students leave school without notifying the school of their intent to drop out, therefore, the dropout rate is not a precise measure. It is possible that the dropout rate also captures students who moved or transferred schools without providing proper notification to their school of origin. Producing these data would require staff time to access and analyze transfer data to understand if there is potentially a double count in the drop out dataset. Discipline Rates Measure Definition: Percent of total disciplinary actions, which include: short term suspension, long-term suspension, or expulsions. What is the Measure Significance? Research shows that schools with higher rates of suspension and expulsion are likely to have lower graduation rates when compared to those schools with lower suspension and expulsion rates. Following this logic, students who are not in school cannot learn and are at higher risk for drop out. It is noteworthy that these data are being reported on in the midst of a civil rights investigation launched March 2013 by the U.S. Department of Education on disciplinary action occurring in Seattle Public Schools. What is the Measure Status? Figure 26 and 27 provides information about the race/ethnicity of students in the Bellevue and Auburn school districts who were either suspended or expelled during the 2012-2013 school year. Creating this graph requires individual analysis of each school district. Due to the time constraints of this project, these data have not yet been analyzed for each school district. The graphs presented provides an example of how this data might be analyzed and reported by school district. Discipline actions include short term suspension, long-term suspension, or expulsions. These data do\\ not capture differences in the types of violations students committed to receive disciplinary action, nor does it capture the length of 40| King County Determinants of Equity Baseline Project time of suspensions or expulsions. Both graph displayed below shows information by race/ethnicity, this data is also available by income (Free Reduced Lunch), Special Education, and Gender and Bilingual Status. Figure 26 Disporportionality in School Discipline: Bellevue 2012-2013 46% 42% 31% 26% 15% 11% 9% 8% 7% 3% 1% 0.22% Hispanic AIAN Asian Black White Two or More Races Percent Total EnrollmentPercent Total Discipline Actions Figure 27 Disproportionality in School Discipline: Auburn 2012-2013 50% 42% 24% 23% 15% 11% 8% 8% 7% 3% 3% 3% 3% 2% Hispanic AIAN Asian Black NHPI White Two or More Percent Total EnrollmentPercent Total Discipline Actions What is the Measure Availability? The raw data associated with this indicator are reported by district via OSPI and are available to download in an excel file from its website. These data require staff time to analyze and create visual analysis. 41| King County Determinants of Equity Baseline Project Data Limitations OSPI began reporting discipline information with detailed race/ethnicity information in 2012-2013 school year through the Comprehensive Education Data and Research System (CEDARS). Trend data is not available at this time. This data file is not readily available by county and requires analysis of school districts. As this is a relatively new reporting requirement the look and content of reports may change and become more refined over time. At the school district level data suppression and population size become an issue with some districts suppressing data for many students of color. If these data are selected as an indicator it is advisable to contact OSPI Coordinator of Student Information and inquire about a file for the entire county as receiving data aggregated at the county level may side-step the issue of suppression. Direct Enrollment Measure Definition: Direct enrollment into a two or four-year college after high school graduation. What is the Measure Significance? Not all students who complete high school enroll directly in college. Direct enrollment is key part of the education to career pipeline. Those who complete college tend to have higher earnings and career success rates compared to those without a college degree. What is the Measure Status? Direct enrollment rates are the lowest in Highline and Auburn, while Mercer Island and Issaquah have the highest direct enrollment rates amongst school districts in King County. Tukwila and Vashon Island both experienced substantial decreases in direct enrollment rates between the 2010 and 2011 school years. Figure 28 20102011 Percent of Direct Enrollment by District 81 80 78 75 74 74 73 72 71 70 69 69 68 68 67 67 65 64 64 64 64 62 62 61 60 58 57 56 56 56 55 54 53 53 50 50 42| King County Determinants of Equity Baseline Project What is the Measure Availability? Data are available by graduation year annually. While the data capture information annually, there is an approximate two year lag time in reporting, making the most recent data approximately two years old. This two year lag is common in much of the data presented in this report. Data can be disaggregated by gender, ethnicity, and income (free/reduced lunch status). Data Limitations Thesedata are available via a free online web tool from the BERC Group. Data can be retrieved manually at the School district level with subgroup data available for race/ethnicity. Retrieving data manually at the sub-group level would require staff to retrieve data for each ethnicity group from the site as the dataare not available as an excel download file. It is possible to request a custom report, at cost, from the BERC Group. Cost is undetermined but based on information from an interview with staff from the Road Map Project, cost is expected to be minimal. 43| King County Determinants of Equity Baseline Project Jobs and Job Training 44| King County Determinants of Equity Baseline Project Return to Table of Contents Overview of Findings Link to Metadata Jobs and Job Training Ordinance Definition: Jobs and job training that provide all residents with the knowledge and skills to compete in a diverse workforce and with the ability to make sufficient income for the purchase of basic necessities to support them and their families Living wage jobs can help families living in poverty improve their circumstances. Access to good jobs is linked to education and other training opportunities. The recommended indicators below were selected for their ability to measure jobs and job training. Each indicator matches with a measurable topic in the ordinance definition. Recognizing it may not be feasible to track all indicators over time, the essential measures for this determinant are identified below in italics. Essential measures are the highest level indicator that captures the spirit of the determinant and can impact other determinant areas. Preliminary Measures Availability of Living Wage Jobs Wage gap Unemployment Poverty and Wealth Poverty Rate Median Household Income Key Findings The unemployment rate for Black/African American residents was close to 16 percent between 2010 and 2012, which was nearly double that of the unemployment rate for White and Asian residents. Between 2007 and 2011, Black/African American, American Indian/Alaska Native, and Hispanic/Latino residents experienced poverty at nearly three times the rate of White residents in King County. In King County, it is estimated that families with one working adult that earns minimum wage are living roughly $26,000 below the Federal Poverty Threshold and $44,000 under the living wage necessary for the region. There is a $37,200 wage gap between the highest earning households (Asian residents) and the lowest earning households (Black/African American residents) in King County. Limitation of Ordinance Definition The determinant definition does not explicitly account for adult learners who return to a traditional four year university or community and technical college to achieve a degree or change career paths. Explicitly expanding the definition beyond job training to include adults returning to school or changing careers will better capture the intent of this determinant. 45| King County Determinants of Equity Baseline Project Wage Gap Measure Definition: Comparison between poverty level, current minimum wage, and living wage. What is the Measure Significance? The living wage is defined as the minimum income necessary to purchase basic necessities and save 10 percent of 29 earnings without assistance from public programs. Tracking the living wage is a means to understand gaps between the minimum wage and self-sufficiency. The living wage provides insight into self-sufficiency in a way that the Federal Poverty Threshold does not. The Federal Poverty Threshold is based on USDA food budgets for minimal nutritional standards and regional variance in cost of living. The Self-Sufficiency Standard, displayed was created 30 as a measure to understand anti-poverty efforts in Washington State. Comparing minimum wage earnings, the poverty threshold and the Self-Sufficiency Standard allows the County to track and understand the economic situation and barriers that minimum and low-wage workers face. What is the Measure Status? Although Washington State has one of the highest minimum wages in the country, the current state minimum wage falls significantly short of the income necessary for families to achieve self-sufficiency in King County. Figure 29 demonstrates that a family with one working adult earning minimum wage is living roughly $26,000 below the Federal Poverty Threshold and $44,000 under the living wage necessary for the region. Similarly, when two adults in the home work at minimum wage the family still falls $8,000 below the Federal Poverty Threshold and $49,000 under the living wage for King County. Figure 30 illustrates the availability of living wage jobs in King County. In 2011, most jobs in the county paid a wage that supported self-sufficiency. Less than 40 percent of jobs supported self-sufficiency for households with at least one school-age child. Figure 29 29 Alliance for A Just Society. Searching for Work That Pays: 2010 Job Gap Study 30 The Self-Sufficiency Standard For Washington State 2011 46| King County Determinants of Equity Baseline Project Figure 30 What is the Measure Availability? Data from figure 29 is analyzed by Communities Count. The data used to create this graph comes from the Annual Job Gap produced by the Alliance for a Just Society and is based on data for Washington State. Figure 30 is available on King County AIMS High website, but Workforce Development Council of Seattle-King County. The University of Washington and King County Workforce Development Council produces a Self-Sufficiency Report that is specific to King County every three years. The first publication was in 2011 and the second is expected in the fall of 2014. Data Limitations The analysis of updated information is crucial for truly understanding the current condition of living wages in King County. Unemployment Measure Definition: Percent of the civilian population age 16 and over without a job, were available to start a job and actively looking for work during the last four weeks. What is the Measure Significance? Unemployment creates a significant strain on families and communities. While measuring unemployment is a standard signal of economic prosperity, most analyses fail to include a differentiation by race/ethnicity. Understanding the significant variance in unemployment rates may inform strategies to improve economic security. What is the Measure Status? While unemployment in King County is lower than the national average, closer examination by race and place reveals nuances that unemployment is significantly worse than it appears. Figure 32 shows the unemployment rate for African Americans was nearly 16 percent between the years 2010 and 2012. Comparatively, White and Asian residents had 47| King County Determinants of Equity Baseline Project unemployment rates just above 7 percent. Additionally, figure 33the map reveals areas in Tukwila, Burien and Auburn where unemployment rates are above 16.5 percent. Figure 31 Figure 32 Figure 33 48| King County Determinants of Equity Baseline Project What is the Measure Availability? This information is collected annually by the American Community Survey (ACS) and decennially by the US Census. This dataset is the base of analysis for the bar graph which is part of the 2013 ESJ Infographic and the map which is displayed on the King County AIMS High website. Data Limitations ACS data has a lag time in reporting of roughly two years so in any given year the most recent data available is two-years recently reported to be at near 4.7 percent. However, while these data may not give the most updated figures on unemployment, it is worth exploring historical data to see if it is possible to understand the nature of the disparities in unemployment rates. It is expected that the disparity in unemployment rates would remain constant while the rates may fluctuate. Poverty Rate Measure Definition: Percent of people living under 100 percent of the Federal Poverty Level. What is the Measure Significance? Areas with high concentrations of poverty may struggle to overcome a variety of place based disadvantages. Poverty is a significant social determinant of education, jobs, and healthy environment. Decreasing poverty can positively impact many of the other determinants of equity. Through understanding and measuring poverty, the County can understand what areas may experience barriers to access and equity. What is the Measure Status? Figure 34 highlights areas where people are living under 100 percent of the Federal Poverty Level. Based on the five year average of 2007 to 2011, areas in North East Seattle through South County experienced poverty above the county average of 10.5 percent. These locations range from 14 percent of residents experiencing poverty to 28 percent. Figure 35 shows the population groups who report experiencing the highest level of poverty in King County. African American, American Indian/Alaska Native and Hispanic/Latino people experience poverty at nearly three times the rate of White individuals. It is important to note that these are the same populations that also experience the highest level of 31 unemployment. 31 Building Equity and Opportunity - King County 49| King County Determinants of Equity Baseline Project Figure 34 Figure 35 50| King County Determinants of Equity Baseline Project What is the Measure Availability? This information is collected annually by the U.S. Census American Community Survey (ACS). This dataset is analyzed and reported by the Public Health-Seattle & King County and Communities Count. Spatial representation of data is developed by Public Health-Seattle & King County. Data Limitations ACS data has a lag time in reporting of up to two years so in any given year the most recent data available is one to two years old. It is unclear at this time how frequently Communities Count will update its analysis. Median Household Income Measure Definition: Household income includes income of the head of household as well as all other household members over 15 years old. The median household income divides the income distribution into two equal groups with half of all households above this number and half below. What is the Measure Significance? There is a growing income and wage gap in in the United States. Household income, homeownership, inheritance and other factors are drivers of the widening wealth gap. Household income, poverty, and unemployment together help to create understanding of where the greatest economic need is in our communities. What is the Measure Status? Median household income varies significantly by race/ethnicity. For example, in 2010 there was a $37,200 wage gap between the highest earning households, who are Asian residents, and the lowest earning households, who are Black/African American residents. Additionally the map of median household income in figure 36 shows areas in North East Seattle, Central Seattle, Federal Way and Kent that have a median yearly income of less than $15,000 to $34,000. Figure 36 51| King County Determinants of Equity Baseline Project Figure 37 What is the Measure Availability? This information is collected annually by the American Community Survey (ACS) program of the U.S .Census. This dataset is analyzed and reported by Communities Count/PHSKC. The spatial analysis is conducted by King County and is available on the AIMS High website. Data Limitations ACS data has a lag time in reporting of up to two years so in any given year the most recent data available is one to two years old. It is unclear at this time how frequently Communities Count will update its analysis. 52| King County Determinants of Equity Baseline Project Health and Human Services 53| King County Determinants of Equity Baseline Project Return to Table of Contents Overview of Findings Link to Metadata Health and Human Services Ordinance Definition: Health and human services that are high quality, affordable and culturally appropriate and support the optimal well-being of all people. Tracking the overall condition of health in King County is critical for promoting optimal well-being for all people. Drawing awareness to health outcomes by race, place and income allows the County to uncover disparities and develop more specific intervention to improve health outcomes. The recommended indicators below were selected for their ability to measure health and human services. Each indicator matches with a measurable topic in the ordinance definition. Recognizing it may not be feasible to track all indicators over time, the essential measures for this determinant are identified below in italics. Essential measures are the highest level indicator that captures the spirit of the determinant and can impact other determinant areas. Preliminary Measures High Quality No Indicator Proposed Access/ Affordable Unmet medical need Uninsured Adults Uninsured Children Culturally Appropriate No indicator identified Optimal Well-Being Life expectancy Infant Mortality Obesity Diabetes Prevalence Tobacco Use Frequent Mental Distress Key Findings Expansion of the Affordable Care Act brought insurance coverage to nearly 200,000 additional people in King 32 County. There is approximately a 10 year gap in life expectancy between areas of South King County where a high concentration of people of color, LEP, and low-income households reside and North and East King County. Mental distress is reported more frequently by residents in South and South East County 32 Cover King County 54| King County Determinants of Equity Baseline Project Limitation of Ordinance Definition The language in this determinant is interpreted as having a primary focus on medical care. The language does not include other known contributing factors to health, such as environmental factors and behavioral health. 55| King County Determinants of Equity Baseline Project High Quality & Culturally Appropriate Understanding and evaluating high quality and culturally appropriate health and human services is a topic surrounded by much discussion in the healthcare community. Given the time constraints of this project and the importance of these particular measures, the project team chose not to propose an indicator for this category because the project team did not have sufficient time to consult with stakeholders from the healthcare community. Given more time, the project team recommends incorporating the Healthcare Effectiveness Data and Information Set (HEDIS) and pursuing the following groups/organizations to define measures for this language. Washington Health Alliance Community healthcare providers Seattle & King County Public Health Unmet Medical Need Measure Definition: The number of adults who report not seeking medical care because of cost. What is the Measure Significance? Many people living in King County are unable to access medical services because of either a personal or structural barrier to care despite medical need. Access to health care is a contributor to health outcomes and years of healthy life. When people avoid or delay doctor visits it has a negative impact on their health status and may decrease the likelihood of early intervention for serious conditions. While the recent Affordable Care Act (ACA) expansion brought insurance coverage to nearly 200,000 people in King County some insurance plans include co-pays and other costs that may still prohibit some 33 from seeking needed medical care. Monitoring this indicator will provide a way to understand if health care related costs continue to remain a barrier following the ACA implementation.Understanding the amount of unmet medical needs allows the County to identify and create interventions for those in our community who do not have access to preventative services. What is the Measure Status? The Behavioral Risk Factor Surveillance System (BRFSS) collects this information from King County residents through a self-report survey. The trends in unmet medical need by income, race and region show that people who earn under $35,000 per year, who identify as Hispanic and Black/African American, and who live in Seattle and South King County are most likely to have unmet medical need. 33 Cover King County 56| King County Determinants of Equity Baseline Project Figure 38 57| King County Determinants of Equity Baseline Project Figure 39 What is the Measure Availability? BRFSS survey data collected by the Washington State Department of Health and reported to the Center for Disease Control (CDC) is generally considered a strong dataset. BRFSS data will continue to be accessible for use. Figure 38 and 39 arefrom Seattle & King County Public Health and it is anticipated to continue to be available by this organization in the future. Data Limitations Accuracy of respondent self-reporting, interviewer training and methodology all represent possible limitations in survey data. With respect to methodology, respondents who do not speak English or Spanish are not included in BRFSS survey results and those without a telephone are not contacted for this survey. 58| King County Determinants of Equity Baseline Project Uninsured Adults Measure Definition: Number of adults 18 and over with no health insurance. What is the Measure Significance? Insurance helps to make medical care accessible and the lack of insurance is a barrier for engaging in preventative medical care or can create a significant financial burden for necessary treatment. Understanding the level of accessibility of medical care provides information about the health and financial challenges facing King County residents. What is the Measure Status? Since the implementation of the Affordable Care Act, nearly 200,000 have enrolled in private and Medicaid plansin King 34 County. Figure 40 shows the number of uninsured adults prior to the ACA, as more recent data become available, it will reflect changes in enrollment. Although ACA created opportunity for many people to gain insurance, populations still remain who are uninsured and/or who struggle to afford insurance including: lawfully present immigrants who have lived 35 less than five years in the U.S. and undocumented immigrants. Figure 40 34 Cover King County 35 King County Affordable Care Act Fact Sheet (2014). The impact of the affordable care act on uninsured adults in King County. 59| King County Determinants of Equity Baseline Project What is the Measure Availability? This dataset is from the American Community Survey (ACS) and analyzed by Seattle & King County Public Health/Communities Count. Data Limitations Although significant improvements in coverage have occurred, the lag time in ACS data reporting makes it difficult to understand the most current situation of uninsured adults. Uninsured Children Measure Definition: The number of children age 0-17 with no health insurance. What is the Measure Significance? Insurance helps to make medical care accessible during a very critical time of life: childhood. Lacking insurance is a significant roadblock for families seeking preventive care or treatment for their children. Understanding the level of accessibility of medical care for children provides information about the health and financial challenges facing King County residents. What is the Measure Status? The data in figure 41 and 42 are from the ACS and analyzed by Seattle & King County Public Health. The analysis shows that the highest rates of uninsured children are in households that fall below 138 percent of the Federal Poverty Level (FPL) to 199 percent below the FPL. American Indian/Alaskan Native and Hispanic children are impacted by not having insurance at a higher rate than other ethnicities in King County. In Washington State children in families that are below 36 210 percent of the FPL qualify for free medical coverage under Apple Health for Kids which is part of Medicaid. Figure 41 Figure 42 36 Washington Apple Health for Kids; State Medicaid and CHIP Income Eligibility Standards - July 2014 60| King County Determinants of Equity Baseline Project What is the Measure Availability? Availability of the dataset is ACS dataset is expected to continue. The analysis presented in this report is from Seattle & King County Public Health, Communities Count also produces an analysis of this data. Data Limitation Lag time in ACS data reporting makes it difficult to understand the most current situation of uninsured children. Life Expectancy Measure Definition: Number of years a person can expect to live if the current death rates stay the same for his/her life. What is the Measure Significance? 37 Life expectancy is a measure that captures the overall health status of a population. Through examining life expectancy, King County can understand the health status of residents and develop specific interventions to improve health outcomes. What is the Measure Status? In King County, race, income and place all matter when looking at life expectancy. Figure 43 is an analysis conducted by Seattle & King County Public Health from ACS and public health data. The map highlights areas in South County that have the highest concentration of low life expectancy. Drawing on the map below, these areas of low life expectancy are also areas with the highest concentration of people of color and those who are low income. Figure 44 shows a 10 year gap in life expectancy between the areas with the highest life expectancy and the lowest life expectancy. Overall this analysis shows areas where health status is a concern. 37 Office of Disease Prevention and Health Promotion 61| King County Determinants of Equity Baseline Project Figure 43 Figure 44 What is the MeasureAvailability? Availability of this ACS dataset is expected to continue. Life expectancy data come from death certificates, whichare collected annually and analysis is expected to continue.Figure 43 and 44 are featured in the 2013 King County ESJ Annual 62| King County Determinants of Equity Baseline Project 38 Report.It is unclear if the type of analysis presented in this report from Seattle & King County Public Health will continue. Data Limitations It is unknown if this analysis will continue being produced by Seattle & King County Public Health. Since this analysis is not generated from an outside source, it will require staff time to replicate. Infant Mortality Measure Definition: Children born that die within the first year of life. What is the Measure Significance? 39 Infant mortality is regarded as a measure that indicates the overall community health. Infant mortality refers to children born that die within the first year of life. Through examining infant mortality, King County can understand the health status of residents and develop specific interventions to improve health outcomes. What is the Measure Status? In King County, place, race and income matter when it comes to understanding infant mortality. For every 1,000 births, infants born in South County are more likely to pass away than in other parts of the county. Additionally, infants of American Indian/Alaskan Native and Black/African American residents die at higher rates than White and Asian residents. Finally, infants born in high to medium poverty households are more likely to pass away within the first year. Figure 45 Figure 46 38 King County ESJ Annual Report, 2013. pp 3-4. 39 Communities Count - Infant Mortality 63| King County Determinants of Equity Baseline Project What is the Measure Availability? This dataset is from Washington State Department of Health, Center for Health Statistics and is analyzed by both Seattle & King County Public Health and Communities Count. Birth certificates and death certificates are collected annually and analysis is expected to continue. Data Limitations This data is a three year rolling average. Five year averages will provide a more robust look at trends across King County. Obesity Measure Definition: - What is the Measure Significance? 40 Obesity reduces workforce productivity, increases absenteeism, and is a leading cause of preventable death. More than 1 in 5 King County adults, or over 335,000 adults, are obese. Annual medical costs due to obesity were $147 billion for the 41 US. Childhood obesity is associated with cardiovascular risk factors and diabetes and both overweight and obese 42 children are more likely to become obese adults. Although obesity is too high among all King County residents, people of color experience a disproportionate burden with American Indian/Alaska Native adults 5.5 times more likely than Asian adults to be obese. The same holds true for youth1 in 5 King County middle and high school students was overweight or obese and Native Hawaiian/Pacific Islander students were about 3.5 times more likely to be obese than Asian or white students. Obesity is a key metric for several local initiatives including Communities of Opportunity, the Health and Human Services Transformation Plan, and the recent Partnerships to Improve Community Health. Monitoring obesity in King County helps reveal the status of health outcomes and provide opportunity for intervention. What is the Measure Status? Responses to the above questions on height and weight are used to calculate Body Mass Index (BMI). Adults with a BMI of 30 or more are considered obese. For children, BMI is compared to percentiles specific to age and gender; a BMI in the top 5% is considered obese. The datasets in figure 47 and 48 come from the Behavioral Risk Factor Surveillance System (BRFSS) and the Washington State Healthy Youth Survey (HYS) and are analyzed by Public Health-Seattle & King County. Adult obesity has been on the increase but recent trends suggest a flattening of trends; lower income adults are more likely to be obese. Between 2004 and 2012, student obesity rates declined for the county as a whole and for all regions except South Region. A recent local prevention initiative was associated with a 17% drop in obesity from 2010 to 2012 in 43 low-income school districts. For both adults and youth, the highest obesity is found in South King County. 40 Finkelstein EA, DiBonaventura MD, Burgess SM, Hale BC. The costs of obesity in the workplace. J Occup Environ Med 2010; 52(10):971-6. 41 http://www.cdc.gov/obesity/data/adult.html 42 http://www.cdc.gov/obesity/childhood/basics.html 43 Kern E, Chan NL, Fleming DW, Krieger JW. Declines in student obesity prevalence associated with a prevention initiative-King County, Washington, 2012. Morbidity and Mortality Weekly Report 2014; 63(07):155p7. http://www.cdc.gov/mmwr/preview/mmwrhtml/mm6307a4.htm 64| King County Determinants of Equity Baseline Project Figure 47 Figure 48 What is the Measure Availability? BRFSS and HYS survey data collected by the Washington State Department of Health are generally considered a strong dataset. It is expected that BRFSS and HYS data will continue to be accessible for use. The chart analysis represented in this report is from Public Health-Seattle & King County and it is anticipated to continue to be available by this organization in the future. Data Limitations Accuracy of respondent self-report, interviewer training and methodology all represent possible limitations. Self-reported height and weight are known to be particularly problematic and about 10% lower than if height and weight were 44 measured. Although obesity prevalence is underestimated, disparities remain and available rates allow for comparisons. With respect to methodology, respondents who do not speak English or Spanish are not included in BRFSS survey results and those without a telephone are not contacted for this survey. For school-age youth, the Healthy Youth Survey is asked every other year since 2002 and these questions are asked among public schools grades 8, 10, and 12 only. Administration of HYS is dependent on school district participation. Population-based data are not collected on children of other ages. 44 Van Eenwyk J, Bensley L, Ossiander EM, Krueger K. Comparison of examination-based and self-reported risk factors for cardiovascular disease, Washington State, 2006-2007. Prev Chronic Dis. 2012;9: E117. 65| King County Determinants of Equity Baseline Project Diabetes Prevalence Measure Definition: Adults that have been diagnosed for diabetes by a doctor. What is the Measure Significance? Diabetes is the seventh leading cause of death in King County and the United States. In 2012 it was estimated that the total direct and indirect cost of diabetes in the United States was $245 billion. Diabetes is a disease that makes individuals 45 more susceptible to a host of other conditions including: heart disease, stroke, blindness, high blood cholesterol. Understanding the prevalence of this disease in King County can help reveal the status of health outcomes and provide opportunity for intervention. What is the Measure Status? Dataset in figure 49 and 50 is from the BRFSS and analyzed by Seattle & King County Public Health. This five-year data shows diabetes prevalence and highlights the trend that residents in South County, who earn under $35,000 per year and who identify as American Indian/Alaska Native and African American experience higher prevalence of diabetes. Figure 49 45 Centers for Disease Control and Prevention. National Diabetes Statistics Report: Estimates of Diabetes and Its Burden in the United States, 2014. Atlanta, GA: U.S. Department of Health and Human Services; 2014.; CDC, National Diabetes Statistics Report, p.7. 66| King County Determinants of Equity Baseline Project Figure 50 67| King County Determinants of Equity Baseline Project What is the Measure Availability? BRFSS survey data collected by the Washington State Department of Health and reported to the CDC is generally considered a strong dataset. BRFSS data will continue to be accessible for use. The chart analysis represented in this report is from Seattle & King County Public Health and it is anticipated to continue to be available in the future. Communities Count produces complementary analysis of obesity/overweight adults and children that may bring light to creating age specific interventions. Data Limitations Accuracy of respondent self-report, interviewer training and methodology all represent possible limitations. With respect to methodology, respondents who do not speak English or Spanish are not included in BRFSS survey results and those without a telephone are not contacted for this survey. 68| King County Determinants of Equity Baseline Project Tobacco Use Measure Definition: not at all?" What is the Measure Significance? Tobacco use is the leading cause of preventable death in the U.S., which spends an estimated $289 billion per year on 46 direct and indirect costs related to tobacco use. According to Public Health Seattle & King County, tobacco use has an annual cost of $343 million in health care expenses and lost wages in King County. Tobacco use is linked with cancer, heart disease, respiratory disease, poor birth outcomes, infertility, sudden infant death syndrome (SIDS), and many other 47 poor health outcomes. PHSKC reports that smoking accounts for one out of every five deaths, or about 1,800 deaths each year in King County. The most recent data estimates 196,000 tobacco users in King County. In addition, Public Health Seattle & King County highlights that 200,000 adults and youth are exposed to second-hand smoke, to which there is no 48 safe level of exposure. Tobacco use is a key metric for several local initiatives including Communities of Opportunity, the Health and Human Services Transformation Plan, and the recent Partnerships to Improve Community Health. Understanding the prevalence of smoking in King County helps reveal the status of health outcomes and provide opportunities for intervention. What is the Measure Status? The data in figure 51, 52 and 53 are from the BRFSS and analyzed by Seattle & King County Public Health. This ten-year dataset shows an overall decline in smoking in King County. Smoking remains higher in South County than in other parts of the County. Prevalence of smoking is also reported more frequently by those who earn less than $25,000 per year and identify as African American. Figure 51 46 Center for Disease Control - Smoking & Tobacco Use 47 Center for Disease Control - Smoking & Tobacco Use; Public Health Data Watch: Tobacco Use in King County 48 Public Health Data Watch: Tobacco Use in King County 69| King County Determinants of Equity Baseline Project Figure 52 Figure 53 What is the Measure Availability? BRFSS survey data collected by the Washington State Department of Health and reported to the CDC is generally considered a strong dataset. BRFSS data is will continue to be accessible for use. The chart analysis represented in this report is from Seattle & King County Public Health and it is anticipated to continue to be available in the future. Data Limitations Accuracy of respondent self-report, interviewer training and methodology all represent possible limitations. With respect to methodology, respondents who do not speak English or Spanish are not included in BRFSS survey results and those without a telephone are not contacted for this survey. Frequent Mental Distress Measure Definition: Adults that report having 14 or more bad mental health days in the last month. What is the Measure Significance? 49 Frequent mental distress is measured by having 14 or more bad mental health days in the last month. This indicator highlights the general experience and/or mental status of individuals around King County. What is the Measure Status? Figure 54 shows the concentration of reported mental distress in King County. Areas shaded in red have the highest concentration of mental distress while areas in blue report lower concentration of mental distress. Highlighting that mental distress is reported more frequently in South and South East County. Figure 55 and 56 show that individuals with 49 Public Health - Seattle & King County 70| King County Determinants of Equity Baseline Project annual income less than $15,000 per year and African American residents also reports higher frequency of mental distress. Figure 54 Figure 55 Figure 56 71| King County Determinants of Equity Baseline Project What is the Measure Availability? The dataset is from BRFSS survey data collected by the Washington State Department of Health and reported to the CDC and is generally considered a strong dataset. BRFSS data will continue to be accessible for use. The map analysis was generated for the Health and Human Services Transformation Plan and the charts were developed by Seattle & King County Public Health. The frequency with which this measure will be updated is unknown. Data Limitations The orientation of the map scale is non-traditional and therefore, not easily interpretable upon first glance. Map scales typically rank from lowest to highest, this scale moves in the opposite direction. For example, high-ranking score on the top is associated with a negative outcome (more frequent mental distress). Furthermore, accuracy of respondent self- report, interviewer training and methodology all represent possible limitations. With respect to methodology, respondents who do not speak English or Spanish are not included in BRFSS survey results and those without a telephone are not contacted for this survey. 72| King County Determinants of Equity Baseline Project Food Systems 73| King County Determinants of Equity Baseline Project Return to Table of Contents Overview of Findings Link to Metadata Food Systems Ordinance Definition: Food systems that support local food production and provide access to affordable, healthy, and culturally appropriate foods for all people. Food availability and affordability are critical links to understanding health outcomes. Understanding the price of food and the options available for people in different geographies in King County provides insights into chronic diseases such as obesity, and community conditions, such as poverty. The recommended indicators below were selected for their ability to measure the determinant of food systems. Each indicator matches with a measurable topic in the ordinance definition. Recognizing it may not be feasible to track all indicators over time, the essential measures for this determinant are identified below in italics. Essential measures are the highest level indicator that capture the spirit of the determinant and can impact other determinant areas. Preliminary Measures Local Food Production No measure identified Food Access Retail Food Environment Index Food Affordability Food Security Percent of Students with Free or Reduced-Price Meals Participation in Food Assistance Programs Key Findings Nearly half of Hispanic households with at least one child report running out of food at least once within the last 12 months in King County. On average, there are two and half times more fast food restaurants and convenience stores available than grocery stores and produce vendors across King County. Parts of South King County have five to seven times more fast food restaurants and convenience stores available than grocery stores and produce vendors. Nearly half of the students receiving free or reduced lunch reside in the South County. Limitation in Ordinance Definition One challenge with the language describing food systems is that measuring culturally appropriate food is nearly impossible without implementing an ethnographic effort in King County. This determinant definition may benefit from a revision of either eliminating this language or being more specific on what is meant by culturally appropriate food. 74| King County Determinants of Equity Baseline Project Local Food Production Although there is currently much discussion on local food systems in King County, no specific ESJ measures for local food production were able to be identified. Given more time, the project team recommends pursuing the following groups/organizations as a starting point to investigate measures for this language. King County Food Initiative King County Kitchen Cabinet Seattle Tilth Cascade Harvest Coalition Retail Food Environment Index Measure Definition: Ratio of fast food restaurants and convenience stores divided by the number of supermarkets, small grocers and produce vendors. What is the Measure Significance? The type of food available for purchase in a community influences what people consume. This is important because food consumption influences health outcomes. For example, people living near groceries stores are more likely to meet fruit and vegetable requirements incurring a healthy diet and reducing risk of chronic diseases such as diabetes and obesity. Conversely, those living in areas with a higher concentration of fast food restaurants and convenience stores are at an elevated risk to make food choices that include a higher calorie diet, and consuming fewer fruits and vegetables, which 50 heightens the risk of chronic disease. What is the Measure Status? The Retail Food Environment Index (RFEI)is a snapshot of the concentration of healthy and unhealthy foods in King County. This snapshot is important because it is associated with overall health outcomes.TheRFEI is comprised of the ratio of fast food restaurants and convenience stores divided by the number of supermarkets, small grocers and produce vendors. The RFEI analysis in figure 57 shows that, on average, there are 2.5 times more fast food restaurants and 51 convenience stores per health reporting area compared to grocery stores. The dark orange coloring highlights areas in South County that are above average in the concentration of unhealthy food, having roughly five to seven times more fast food restaurants and convenience stores nearby than grocery stores. 50 Public Health Seattle & King County (2012). Seattle & King County Retail Food Environment Index. Assessment, Policy Development & Evaluation Unit. 51 Health Reporting Areas are geographies that more closely coincide with city boundaries. For more information please visit: Public Health Seattle & King County Health Reporting Areas Definition. 75| King County Determinants of Equity Baseline Project Figure 57 To highlight the connection between health outcomes and the concentration of unhealthy food and chronic disease, figure 58 shows the percent of obese adults in conjunction with the location of unhealthy (red dots) and healthy (blue dots) food establishments. Although the distribution of unhealthy food establishments is present throughout the county, the intersection between unhealthy food establishments and obesity is salient in South County. Areas such as SeaTac, Tukwila, Kent, Federal Way, Algona/Pacific and Black Diamond, are known areas where higher concentrations of low- income people, people with limited English proficiency and people of color reside. These areas also appear more significantly impacted by the presence of unhealthy food establishments as compared to North and East County. Although the origin of obesity cannot be extrapolated from this map, it is worthwhile to consider the connection between the type of food available and health outcomes. 76| King County Determinants of Equity Baseline Project What is the Measure Availability? Figure 57 and 58 are one-time measures created by Seattle & King County Public Health. The replication of these measures is feasible with a financial investment of roughly $200 to pull the North American Industry Classification System data from Salesgenie. Once the data are pulled it takes approximately 200-300 hours of staff time to clean and analyze the data. Data Limitations The primary limitation is that the maintenance of this dataset requires a financial commitment both in acquiring data and staff time. Unless the County can contract the maintenance of this dataset to an organization like Communities Count, it will require attention from internal staff to maintain. 77| King County Determinants of Equity Baseline Project Food Security Measure Definition: The financial relationship between income and food. The USDA defines low to very low food security from the reduction in the quality and variety of diet all the way to multiple indications of disrupted eating patterns and reduced food intake within the last 12 months. What is the Measure Significance? The ability to afford food is one of the most significant barriers to eating healthy. Food security is an important measure -income communities. The U.S. Department of Agriculture has a high to low food security range of classifications, which includes: Food Security - High to Marginal Food Security refers to individuals who have little to no indication of a food access problem or limitation. Food Insecurity - Low to Very Low Food Security refers to the reduction in the quality and variety of diet all the way to multiple indications of disrupted eating patterns and reduced food intake. Food Insecurity is commonly 52 called food hardship. These terms are used interchangeably in this report. What is the Measure Status? In King County food hardship is most often experienced by households with at least one child. Additionally, people living in the South Region of King County, who annually earn $35,000 or less and who identify as Hispanic, report experiencing significantly higher levels of food hardship. Defined by experiencing low food security at least one time in the past 12 months, these data are retrieved from the BRFSS survey conducted by the Washington State Department of Health and 53 the CDC. Figure 59 52 For a more detailed description of each classification refer to: U.S. Department of Agriculture Ranges of Food Security and Food Insecurity. Information Retrieved 9/3/2014. 53 Behavioral Risk Factor Surveillance System (BRFSS) ; Center for Disease Control - BRFSS FAQs 78| King County Determinants of Equity Baseline Project Figure 60 Figure 61 What is the Measure Availability? BRFSS survey data collected by the Washington State Department of Health and reported to the CDC are generally considered a strong dataset. BRFSS data will continue to be accessible for use, although this question is not asked every year and is dependent on funding availability. The chart analysis represented in this report is from Communities Count and it is anticipated to continue to be available by this organization in the future. Data Limitations Accuracy of respondent self-report, interviewer training and methodology all represent limitations for collecting survey data. With respect to methodology, respondents who do not speak English or Spanish are not included in BRFSS survey results and those without a telephone are not contacted for this survey. Percent of Students with Free or Reduced Price Meals Measure Definition: The percent of students eligible for free and reduced priced meals by schools district. What is the Measure Significance? Student eligibility for free or reduced price meals is a reflection of overall household income. Eighteen percent of people living in South King County and 46 percent of households earning $35,000 or less report experiencing food hardship. Given that the food hardship measure is limited to English and Spanish speaking individuals with a telephone, the measure of free or reduced price meals in schools allows for a broader perspective on the problems of food hardship. Adding strength to the BRFSS self-report survey on food hardship, eligibility for free or reduced price meals highlights the experience of a more diverse population and may advance our understanding of the prevalence of food hardship. What is the Measure Status? During the 2011-2012 school year, nearly half of the students receiving free or reduced price meals resided in South King County. Six out of seven school districts with over 50 percent enrollment were in South King County. The percent of 79| King County Determinants of Equity Baseline Project student enrollment in rural schooldistrictssuch asSkykomish reached nearly90 percent;urban schooldistrictswith significantly larger student populations such as Highline and Tukwila reached near 70 percent and 80 percent enrollment. The data below do not indicate how many of these students are from the same household or household demographics. What it does highlight is the regularity to which households in these cities meet the income threshold for free or reduced price meals. Meeting this threshold is a measure for poverty, which impacts the ability of households with at least one school-age child to afford food. Figure 62 What is the Measure Availability? Data collected by OSPI on free or reduced price meals are retrieved annually. The analysis conducted by Communities Count is anticipated to continue making this measure readily accessible for public use. Data Limitations The aggregate nature of these data as shown in figure 62 limits the understanding to school districts and does not provide demographic data of participants such as race or LEP. Inquiry to OSPI for further breakdown by race and LEP is an option worth investigating if this measure is utilized. 80| King County Determinants of Equity Baseline Project Participation in Food Assistance Programs Measure Definition: The participation in EBT, WIC, and food bank utilization. What is the Measure Significance? Enrollment and utilization of food assistance programs such as food stamp (EBT), WIC (women, children, infants food assistance program) and food bank utilization, provide an overall sense of the issue of food affordability. This is important because the ability to afford food often impacts the type of food people consume, which is linked to health outcomes. Knowing the prevalence of enrollment and utilization of food assistance programs allows for the consideration of financial and market based interventions to improve food affordability for those who are low-income. What is the Measure Status? The steady growth in food stamp recipients, WIC, and food bank utilization highlights the increasing challenge of affording food in King County. The data below do not account for population growth or show regional or demographic trends. Despite these limitations, seeing the enrollment of food stamps nearly double from 2008 to 2012 highlights the economic challenges facing residents. This data highlights the bottom line people are increasingly having trouble affording food. Figure 63 Figure 64 Figure 65 81| King County Determinants of Equity Baseline Project What is the Measure Availability? Data on food stamps and WIC enrollment are collected annually. Food bank utilization is collected quarterly. Owners of this data include Washington State Department of Health & Human Services (DSHS), Seattle & King County Public Health and the USDA. It is anticipated that all three entities will continue to collect and report these data. Analysis conducted by Communities Count makes these data readily accessible for use. Data Limitations These data do not account for population growth or show regional or demographic trends. Including population growth, demographics and information on regional concentration of EBT, WIC and food bank utilization would be helpful in generating targeted interventions. Additionally, a consolidated chart with these three data points might be a helpful next step for improving the usability of the data. 82| King County Determinants of Equity Baseline Project Parks and Natural Resources 83| King County Determinants of Equity Baseline Project Return to Table of Contents Overview of Findings Link to Metadata Parks & Natural Resources Ordinance Definition: Parks & Natural Resources that provide access for all people to safe, clean and quality outdoor spaces, facilities and activities that appeal to the interest of all communities. Parks, trails and green spaces promote recreation and improve neighborhood quality. Living in areas with access to natural resources is associated with physical activity and positive mental health. The goal of examining parks and natural resources with an equity lens is to understand the accessibility of recreational opportunities across King County. The recommended indicators below were selected for their ability to measure parks and natural resources. Each indicator matches with a measurable topic in the ordinance definition. Recognizing it may not be feasible to track all indicators over time, the essential measure for this determinant is identified below in italics. Essential measures are the highest level indicators that capture the spirit of the determinant and can impact other determinant areas. Preliminary Measures Safe/Clean Resident Satisfaction with Parks Quality of Outdoor Space Open Green Space Distribution of Regional Trails Facilities & Activities Park Accessibility Distribution of Playgrounds Key Findings The 2009 and 2012 King County Resident Survey reports that 71 percent of King County residents report satisfaction with regional parks and trails. A park access study using 2010 data shows that affluent neighborhoods have almost twice the amount of robust park access (variety in park size and travel distance) than areas with a higher concentration of people of color, LEP and low-income households. To advance regional trail equity, the King County Department of Natural Resources and Parks has a newly funded Capital Improvement Project (CIP) to move toward regional trail equity. Limitation of Ordinance Definition This determinant seems primarily directed toward parks and recreation, making it difficult to capture measurement for natural resources which speaks more to biodiversity and environments undisturbed by humans. If revision of language is considered, it is recommended that natural resources be paired with natural environment. This pairing with allow for more focused analysis of ESJ considerations and environmental justice. 84| King County Determinants of Equity Baseline Project Resident Satisfaction with Parks Measure Definition: Percent of King County survey respondents who said they were satisfied or very satisfied with regional parks and trails. What is the Measure Significance? Resident satisfaction is a measure that sheds light on the overall community perception of parks in King County. This measure is important because it captures community voice on this important government service. Monitoring community feedback allows for the opportunity to improve service delivery as needed. What is the Measure Status? An underlying assumption in this measure is that residents often do not distinguish between parks maintained by King County and those maintained by cities within King County. Assuming this lack of distinction makes the information in The 2012 King County Resident 54 Survey showed that the majority of residents (71 percent) are satisfied with regional parks and trails. This level of satisfaction was unchanged from the 2009 survey results. Additionally, King County residents report higher levels of satisfaction with local parks when compared to other large communities (figure 67). Although this survey had over 1,000 responses across the region with representation from multiple backgrounds, the primary challenge with these data are that the survey does not separate responses by demographic group or region in a way that is meaningful to measure ESJ considerations. While the regional perspective on park satisfaction is high, it unclear if this level of satisfaction spans income, race and language proficiency categories. Figure 66 Figure 67 What is the Measure Availability? The King County Resident Survey, first conducted in 2009, is an important part of the strategic planning process and is therefore anticipated to continue on a triennial basis. 54 2012 King County Resident Survey p.48 (A-5), p.60 (B-2) 85| King County Determinants of Equity Baseline Project Data Limitations One challenge is that responses are presented in the aggregate. The report does not separate responses by demographic or region in way that is meaningful to measure ESJ. Figure 68 is an example of the geographical representation of parks satisfaction included in the report. In the future, it would be helpful to disaggregate demographic information to understand which residents are satisfied with parks and trails. Figure 68 86| King County Determinants of Equity Baseline Project Open Green Space Measure Definition: Less developed parks, greenbelts, open space, undeveloped areas, natural areas, ecological land, and developed parks that are within King County. What is the Measure Significance? Quality outdoor space in the form of greenbelts, ecological areas and tree cover contribute to neighborhood quality. This 55 is important because neighborhood greenness is associated with physical activity and positive mental health. Understanding the availability of green space in King County allows for considering how the natural environment can contribute to quality of life. What is the Measure Status? Figure 69 is in development to help understand the distribution of open green space across King County. The orange shading on the map represents: public parks, greenbelts, open space, undeveloped areas, natural areas and ecological land, plus larger parks that have a large component of undeveloped natural areas (e.g. Cougar Mountain). The green shading are represents parks with more developed components (i.e. fields, facilities). From the initial draft of this map, it appears that South County, SeaTac and Kent, have less open green space than areas of North and East County. Although the high presence of industrial land and the airport in South County may explain why there is less green space, this type of map prompts the conversation of the type of quality of life residents in South County experience. 55 Rhew, I.C, Stoep, A.V., Kearney, A., Smith, N.L. & Dunbar, M.D. (2011). Validation of the normalized difference vegetation index as a measure of neighborhood greenness. Ann Epidemiol. 21(12): 946-952 87| King County Determinants of Equity Baseline Project Figure 69 88| King County Determinants of Equity Baseline Project What is the Measure Availability? This map was created by the King County Geographic Information System (GIS) center for this project. If this measure is selected, the map will benefit from an update at regular intervals to show changes in the availability of open green space. Data Limitations This map was created for a one-time analysis and will have an associated cost to replicate. Distribution of Regional Trails Measure Definition: Proximity of regional trails by ESJ score. What is the Measure Significance? Regional trails are another form of outdoor space provided by King County. Regional trails provide space for recreation and can serve to mobilize people by connecting trails to key areas of opportunity. For example, regional trails can connect people to transit centers and jobs. The goal of examining the location of regional trails with an equity lens is to understand the distribution of and recreational opportunities across King County. What is the Measure Status? Figure 70 shows proximity to regional trails by ESJ score. The ESJ score is derived from an analysis that looks at the concentration of people of color, low-income and limited English proficiency (LEP) by census tract. The map shading represents this consolidated demographic or ESJ score. The darker shading represents areas with a higher concentration of residents of color, who are low-income and who are less proficient in English. This map shows that on average, locations with the highest ESJ score are .79 mile from a regional trail, while areas with the lowest ESJ score are on average over a mile and half to a regional trail. An additional equity consideration of this analysis is trail connectivity. South County, an area with a higher ESJ score appears to have fewer connecting trails than in North and North East County. Connecting trails are important for mobilization; for example, a resident in Carnation could use trails to connect from a rural location to an area of high opportunity like downtown Seattle. A resident living in Des Moines, Normandy Park or Burien does not have this opportunity based on lack of trail connectivity. To advance regional trail equity, the King County Department of Natural Resources and Parks has a newly funded Capital Improvement Project (CIP) to move toward 56 regional trail equity. 56 King County 2015/2016 Biennial Budget, p.49 89| King County Determinants of Equity Baseline Project Figure 70 What is the Measure Availability? This specific map was created for a one-time analysis but is available for replication if resources permit. Availability of these data are anticipated to continue and likely become more refined if the project launches. Data Limitations The mapping of regional trails with socioeconomic information to reflect ESJ seems to have been done with little consistency in past years. Establishing a common way to map trails and demographics will be helpful in monitoring this measure. 90| King County Determinants of Equity Baseline Project Park Accessibility Measure Definition: Travel distance to a park. What is the Measure Significance? Parks promote recreation and improve neighborhood quality. Parks contribute to neighborhood greenness, which is 57 associated with physical activity and positive mental health. Park accessibility is important to measure because it shows the distance people have to travel to access these public facilities. The goal of examining park accessibility with an equity lens is to understand recreational opportunities across King County. What is the Measure Status? One common method for analyzing park accessibility is to simply looking at the distribution of parks because it calls attention to the distance people must travel to access the park. Measuring proximity does not indicate park quality, size or amenities (i.e. picnic tables, play areas, or community centers). Two different methodologies for analyzing proximity are, first, looking at park distribution and estimate distance to park and second, opportunity stacking to show for park size and travel distance. The current measure for park access at King County is considering the overall distribution of parks and estimating the distance to a park. Figure 71, 72, 73, and 74 show park proximity by providing a consolidated look at race, income and limited English proficiency (LEP). The map shading represents this consolidated perspective on demographics; the darker shading represents areas with a higher concentration residents of color, less proficient in English and lower income. The circles (buffers) on the map represent varying distances to parks. Figure 71 and 72 are regional park maps that show little change in park service between the years 2000 and 2010. However, figure 73 and 74 zoom in to the East Region and show difference in park development between 2000 and 2010. Figure 73 shows that in 2000 areas with dark shading (higher concentration of low-income, non-white, LEP) had the lowest access to parks at 76 percent. Figure 74 shows the drastic change and uneven park growth over the last ten years. By 2010 park accessibility increased about six percent for our most diverse communities (ESJ score 5) and increased over 18 percent for the more affluent communities (ESJ score 1). 57 Rhew, I.C, Stoep, A.V., Kearney, A., Smith, N.L. & Dunbar, M.D. (2011). Validation of the normalized difference vegetation index as a measure of neighborhood greenness. Ann Epidemiol. 21(12): 946-952 91| King County Determinants of Equity Baseline Project Figure 71 Figure 72 Figure 73 Figure 74 92| King County Determinants of Equity Baseline Project The second measure for park proximity is opportunity stackingdeveloped by University of Washington Masters in GIS 58 studentswho sought to understand park access at afinerscale.To achievethis research goal, the park access score was developed based on guidelines from the National Recreation and Parks Association on park quantity and accessibility. Park access scores are on a one to four scale, where one indicates no access closer than a 30 minute drive and four indicatesaccesswithin a quarter-mile walk of a mini park, a half-mile walk to a neighborhood park (15 acres), one to two miles from a community park (25 acres) and 30 miles from a regional park. Figure 75 and 76 showpark access scores for 2000 and 2010. Figure 75 Figure 76 AnESJ perspective is introduced by pairing theconsolidated demographic layerwith thepark access score. Figure 77 shows the greatest inequity in areas that have a park access score of four, noting that areas with low ESJ have almost twice as muchrobust park access asareas witha highESJ score of four and five.The park score analysis highlights an increasing inequity in the types of parks available to residents who arelow-income, persons of color or have limited English proficiency. 58 Ringel, M., Tokizawa, D. (2014). Equitable Park Access in King County: An Analysis for King County Department of Natural Resources and Parks. 93| King County Determinants of Equity Baseline Project Figure 77 What is the Measure Availability? The map of park proximity by consolidated demographic layer is a produced internally by King County and is available for update. The opportunity stacking methodology was created for a one-time analysis by students from the University of Washington. The capacity to replicate this measure is currently being investigated. Data Limitations Opportunity stacking provides a more robust measure for park access but is currently not replicated by King County. The mapping of park proximity by consolidated demographic is limited in utility because it is does not provide information regarding the difference types of parks accessible to residents. Distribution of Playgrounds Measure Definition: Distribution of playgrounds by median household income. What is the Measure Significance? Livable communities create opportunity to access recreation appropriate for all ages. Playgrounds provide the opportunity for an active lifestyle in households with children. Furthermore, playgrounds are often located on or near parks which makes this measure a viable proxy for park distribution. The goal of looking at playground distribution with an equity lens is to understand recreational opportunities throughout King County. What is the Measure Status? Figure 78 shows the distribution of playgrounds by median income where each dot represents a half mile distance to a playground. This map highlights that 35 percent of playgrounds are distributed in the lowest earning areas and only 25 percent are distributed in areas with the highest income. On the surface, this appears like an equitable distribution, but it is important to take into account that many times people who have higher incomes and/or live in less urban environments 94| King County Determinants of Equity Baseline Project have increased access to open space that can serve as a play area.In addition, people who have a high income are more likely to have access to a vehicle which improves their ability to access play areas. Conversely, urban residents particularly those who are low-income, often have less access to open space and designated play areas. For example, in South King County there are noticeable gaps in playground distribution which presumably will have a higher impact on child recreation than areas that are less urban. This is important because equity in playground distribution and child recreation can impact health outcomes such as childhood obesity and promotes developmental aspects of play and socialization. Figure 78 What is the Measure Availability? This map was created for as one-time analysis in conjunction with Futurewise and is not anticipated to be recreated. Since King County GIS Center likely has the data necessary to recreate this map, updating it to reflect current conditions is feasible permitting resources availability. Data Limitations One limitation of this map is the large range (e.g. low income spans $6K-$50K) for median household income that is represented. Reducing the range of income would allow for the distribution of playgrounds to be more accurately assessed for equity considerations. 95| King County Determinants of Equity Baseline Project Healthy Built and Natural Environment 96| King County Determinants of Equity Baseline Project Return to Table of Contents Overview of Findings Link to Metadata Healthy Built & Natural Environment Ordinance Definition: Healthy built and natural environments for all people that include mixes of land use that support: jobs, housing, amenities and services; trees and forest canopy; clean air, water, soil and sediment. Considering the built and natural environment with an equity lens is particularly important to create a King County where everyone can thrive. Infrastructure impacts physical and mental health; it can be an asset or barrier to prospering in King County. Identifying how the built environment supports residents in improving quality of life, accessing jobs and housing is critical for promoting a healthy environment for all residents. The recommended indicators below were selected for their ability to measure healthy built & natural environment. Each indicator matches with a measurable topic in the ordinance definition. Recognizing it may not be feasible to track all indicators over time, the essential measure for this determinant is identified below in italics. An essential measure is the highest level indicator that captures the spirit of the determinant and can impact other determinant areas. Preliminary Measures Mixes of Land Use Land Use Mix Index Tree & Forest Canopy Vegetation Distribution Exposure to Toxins Pollution by Region Clean Air Air Quality No specific ESJ measure identified. Water Water Quality No specific ESJ measure identified. Soil & Sediment Sediment Quality No specific ESJ measure identified. Key Findings The air release of toxic chemicals grew by 24 percent in the South Region of King County between the years 2000 and 2006. During this same time period, air release of toxic chemicals declined in the East Region of King County by 19 percent and in Seattle by 5 percent. Creating a combined dataset of land use with an ESJ lens is an important next step in understanding built environment. 97| King County Determinants of Equity Baseline Project There is a lack of vegetation in South County, particularly from Tukwila southto Algona/Pacific,which can impact quality of life. Limitation of Ordinance Definition Understanding the built environment and the natural environment are two very large and distinct bodies of work. In fact, many equity reports separate these into two stand-alone categories. The inclusion of both built and natural environment makes it very difficult to accurately capture the ESJ landscape for this determinant. Additionally, standard measures for air, water and sediment quality are captured at the aggregate and do not often capture ESJ populations in analysis. Air, water and sediment quality are closely monitored at the aggregated level for the entire county by the Federal Government. If a revision of language is proposed for this determinant, water, air and soil and sediment ought to be considered for removal since they are closely in the aggregate monitored for the entire county. Additionally, making the built environment a stand-alone category will help capture this measure more accurately. Finally pairing natural environment and natural resources will likely allow for more focused analysis of ESJ considerations and environmental justice. 98| King County Determinants of Equity Baseline Project Land Use Mix Index Measure Definition: Land distribution by looking at the square footage of: single and multi-family residential, retail, office, civic & education, and entertainment. What is the Measure Significance? Understanding the use of buildable lands throughout the county provides insight into land use. Identifying whether or not the county built environment supports resident access to necessities (such as jobs and housing) and infrastructure (such as parks and tree canopy) is important because it helps identify if King County is a place where everyone can thrive. What is the Measure Status? 59 Figure 79 was created as a one-time analysis of land use. The map seeks to show the evenness of land use distribution by looking at the square footage of single and multi-family residential units, retail space, office, civic and education, and entertainment. This map is intended to measures whether the different types of land use are in close proximity to one another, which is important for understanding how accessible areas are for walking trips and transit. The green shading in the map represents areas where different types of land use are in close proximity to one another while the red shading represents the opposite. This map provides a general analysis of land use but without applying an ESJ lens it is difficult to understand potential disparities. 59 Lawrence Frank & Company, Inc. 2008. Memo Re: Proposed Methodology for Phase II GHG Emissions Modeling and Mapping Project. 99| King County Determinants of Equity Baseline Project Figure 79 What is the Measure Availability? This measure was created as a one-time analysis and is not anticipated to be replicated. The 2014 King County Buildable Lands Report is a robust document that provides the most current information and dataset regarding development in King 60 County in conjunction with the nuances of the Growth Management Act. Pairing the information in this report with the ESJ lens provided by the consolidated demographic GIS layer could be a helpful step in understanding land use mix from an ESJ perspective. 60 The 2014 King County Buildable Land Report 100| King County Determinants of Equity Baseline Project Data Limitations The combination of an explicit ESJ lens in land development analysis is difficult to locate. Having a combined dataset of land use and something like the ESJ consolidated demographic layer could be an interesting next step. As is, ESJ demographic data and land use analysis will have to be analyzed in parallel. Vegetation Distribution Measure Definition: Normalized difference vegetation index (NDVI). What is the Measure Significance? Vegetation such as tree cover is an important community feature that contributes to neighborhood greenness allowing residents respite from the concrete and mortar built environment. Neighborhood greenness is positively associated with 61 physical activity and mental health. This key feature contributes to a thriving environment in King County. What is the Measure Status? The Normalized Difference Vegetation Index (NDVI) is a measure for neighborhood greenness and is one way to measure regional tree canopy cover. Figure 80 and 81 include two snapshots in time: 2000 and 2010. The base of these maps is a consolidated look at demographics including race, income and limited English proficiency. Darker shading on the map represents areas with a higher concentration of residents of color, less proficiency in English and lower income. Similarly, the dots representing vegetation move from red (low) to green (high). These maps show a slight decrease in overall vegetation between the years 2000 and 2010. The spectrum of red to golden yellow dots shows areas that are below the community average for vegetation. These areas are particularly concentrated in North Seattle down through South Seattle. The maps also show a consistent lack of vegetation near the freeway corridor from Tukwila down to Algona/Pacific. A reverse of this trend occurred in parts of Black Diamond. Overall, urban Seattle has exposure to less vegetation. The largest cluster of lack of vegetation occurs in Seattle between 520 and I-90, although this area houses a mix of residents, those who are low-income are likely impacted more because they have fewer resources to travel to areas with high vegetation. 61 Rhew, I.C, Stoep, A.V., Kearney, A., Smith, N.L. & Dunbar, M.D. (2011). Validation of the normalized difference vegetation index as a measure of neighborhood greenness. Ann Epidemiol. 21(12): 946-952 101| King County Determinants of Equity Baseline Project Figure 80 Figure 81 102| King County Determinants of Equity Baseline Project What is the Measure Availability? It is anticipated that King County will continue to update and make available NVDI results. Additionally, the consolidated demographic layer is readily available and updating map demographics is feasible. Data Limitations Having a sub region version of this map might be more beneficial because it would allow a closer look at the vegetation in each neighborhood. Additionally having further knowing the percent of vegetation distribution by census tract might improve the utility of this map. Pollution by Region Measure Definition: Air release of all reportable toxic chemicals & carcinogenic chemicals by region. What is the Measure Significance? This measure is important because exposure to pollution increases the risk of health problems, such as asthma. Although more pollution exists in urban areas in general, identifying areas with above average pollution can help guide investment of County resources to mitigate disparate impact of exposure. What is the Measure Status? 62 Communities Count reported on the release of toxic chemicals by region from 2000 through 2006. This report shows the steady growth in population and toxic release in the South Region: toxic release grew by 24 percent, from 55 percent in 2000 to 79 percent in 2006. This growth is over seven times that of other regions in King County in the same time period. Additionally, between 2000 and 2006, both Seattle and the East Region experienced a decline in toxic release while the North Region experienced no reportable release. 62 Communities Count - 2008 Natural Built Environment Report, p.95 103| King County Determinants of Equity Baseline Project Figure 82 What is the Measure Availability? The data for this measure arederived from the U.S. Environmental Protection Agency (EPA) Toxic Release Inventory (TRI). TRI data is collected annually by the EPA. Although the base dataset will continue to beavailable, analysis by county regionis difficult to locate. It is unclear if Communities Count will continue to report this data by region. Data Limitations If Communities Count discontinues reporting, internal staff time will have to be allocated to develop TRI report by region. 104| King County Determinants of Equity Baseline Project Transportation 105| King County Determinants of Equity Baseline Project Return to Table of Contents Overview of Findings Link to Metadata Transportation Ordinance Definition: Transportation that provides everyone with safe, efficient, affordable, convenient and reliable mobility options including public transit, walking, carpooling and biking. The goal of transportation is mobility that connects people with opportunities. Whether it is to school, work or play, the ability to safely and efficiently navigate King County is critical for creating an environment for people to thrive. The recommended indicators below were selected for their ability to measure transportation. Due to time constraints, measurement in this area focuses primarily on one aspect of public transportation: Metro Transit. Future iterations ought to examine other domains of transportation (e.g. roads, ferries, and trains) to gain a more well-rounded perspective. Each indicator matches with a measurable topic in the ordinance definition. Recognizing it may not be feasible to track all indicators over time, the essential measure for this determinant is identified below in italics. An essential measure is the highest level indicator that captures the spirit of the determinant and can impact other determinant areas. Preliminary Measures Safe Metro Transit Rider Satisfaction with Safety Efficient/Convenient/Reliable Reliance on Metro Transit Metro Transit Passenger Crowding & Schedule Reliability Proximity to Metro Transit Metro Transit On-Time Performance Walk Score Bike Score Transit Score Affordable Metro Reduced Fare Permit Utilization Metro Low-Income Fare Utilization - March 1, 2015 Transportation Cost Burden Key Findings Minority and low-income residents have better than average proximity to Metro Transit - 76 percent of households in low-income census tracts and 67 percent of households in minority census tracts are within a quarter-mile of a transit stop, compared with 65 percent of all households in the county. -time performance and levels of overcrowding are comparable across demographics and income. 106| King County Determinants of Equity Baseline Project Low-i their transportation needs, while minority riders are more likely than non-minority riders to depend on Metro for s. Approximately 72 percent of the total hours needed to meet target service levels are on minority corridors; about needed to meet target service levels are on low- operated on low-income routes. Residents in rural King County face a higher transportation cost burden than urban residents in the county. Limitation of Ordinance Definition Measuring overall transportation throughout King County is a huge task. Although the language does reference other modes of transportation, this determinant is interpreted as being primarily directed at capturing equity in public transportation. In addition, a number of the goals established in the definition overlap, making the scope of measurement difficult to define. Words like efficient, convenient and reliable overlap making it difficult to align a specific measure for each. For example, reliable service is efficient and convenient. Similarly, service that is convenient is both efficient and reliable. If revision of this determinant is considered, the research team recommends removing one or more of these closely linked descriptive words from the definition, or more clearly defining each. 107| King County Determinants of Equity Baseline Project Metro Transit Rider Satisfaction with Safety Measure Definition: King County Metro riders satisfaction with personal safety and ridersthat Metro provides a safe and secure environment and of safety improvements within the last year. What is the Measure Significance? Metro Transit provides the critical service of connecting people with opportunities around King County as evidenced by 63 the 118 million boardings on Metro service in 2013. Measuring rider satisfaction with and perceptions of personal safety is important because it speaks to the customer experience with Metro Transit and opens the conversation to understand specific ESJ considerations. What is the Measure Status? The 2013 King County Rider/Non Rider Survey reveals that personal safety is an area that customers rank as a high priority 64 but one that has below average satisfaction (figure 83). A closer examination of the rider survey reveals the complexity of measuring customer satisfaction with personal safely. Figure 84 shows satisfaction with the six elements measured for personal safety ranged from 84 percent to 94 percent in 2013. Satisfaction with four of the six elements remained unchanged from 2012 to 2013, while satisfaction with personal safety in the downtown transit tunnel declined, and satisfaction with nighttime safety while waiting for the bus increased. Figure 85 shows minority riders are less satisfied with waiting for the bus after dark than non-minority riders. Low-income riders seem to be somewhat less satisfied with 65 this same element than higher income riders. Low-income and minority riders are more likely than higher income and non-minority riders to say they avoid riding the bus due to concerns about personal safety. There were no significant differences in satisfaction with other elements of personal safety between these groups. However, low-income riders and minority riders were more likely than higher income and non-minority riders to respond that they felt safer riding Metro than a year ago, and that Metro has been proactive in improving safety and security. There were no significant differences between these groups in perceptions that Metro provides a safe and secure transportation environment. Figure 83 Figure 84 Rider Satisfaction with Safety Percent Satisfied 2012 2013 Daytime personal safety while riding 92 94 Daytime personal safety while waiting 93 90 Nighttime personal safety while 84 81 riding Nighttime personal safety while 79 86* waiting Personal safety at Park & Ride Lots 92 91 Personal safety in the transit tunnel 92 84* * significant change, 2012 to 2013 63 King County Metro - Ridership Data 64 2013 Rider/Non Rider Survey, p.114 & p.195 65 Due to small sample sizes, this difference is significant at somewhat less than the 90% confidence level. 108| King County Determinants of Equity Baseline Project 66 Figure 85 Customer Satisfaction and Perceptions by Income & Ethnicity HH Income < $35K per/yr (N=186)HH Income > $35K per/yr (N=667) Minority (N=227) Non-Minority (N=630) Total SatisfiedTotal SatisfiedTotal SatisfiedTotal Satisfied Overall satisfaction with Metro91%83%90%85% Value of service for fare paid89%92%88%92% Satisfaction with Personal Safety On bus daytime86%91%88%91% On bus after dark79%82%75%83% Waiting for bus day95%95%93%95% Waiting for bus after dark*68%78%68%79% In downtown transit tunnel83%86%80%86% YesNoYesNo Do you avoid riding the bus or streetcar due to concerns about 27%73%20%80%27%73%20%80% your personal safety? Somewhat and strongly TotalTotalTotalTotal agree with: Metro offers good value94%87%92%87% Metro values its customers86%86%86%86% I feel significantly safer riding 58%38%59%36% Metro than I did a year ago Metro has been proactive in 81%61%79%61% improving safety and security Metro provides safe and secure 90%88%91%88% transportation environment What is the Measure Availability? King County Metro conducts a continue to be an important focus of this research. Data Limitations Examining rider satisfaction with safety is an important and readily available measure that provides a regional ESJ lens. One alternative to this measure is passenger and driver assaults. These data are an aggregate count and if the count of assaults were to be made available by region or route, it could be a useful companion measure for rider satisfaction with and perception of safety. Finally, the diversity of languages spoken in King County is an ongoing challenge for survey research. In the 2013 Rider/Nonrider Survey, interviews were conducted in Spanish as well as English. Seven percent of those contacted spoke Spanish. Of the 493 Spanishspeaking respondents reached, 39 percent were screened out as non- riders, 20 percent did not live in King County and 34 percent refused to complete the survey. These efforts resulted in only eight completed surveys in Spanish. An additional 8 percent of respondents contacted spoke a language other than English or Spanish. 66 Significant differences at the 95 percent confidence level shown in red. The significance of the difference between low-income and higher income riders on this element is slightly less than 90 percent. 109| King County Determinants of Equity Baseline Project Reliance on Metro Transit Measure Definition: Percent of people who use metro transit for most or all transportation needs. Whatis the Measure Significance? The goal of public transportation is to connect people with opportunities such as work and school. The reliance on this service is particularly salient for those whose only means of mobility is public transit. Capturing the rate of transit dependency for people of color and those who are low income compared to more affluent, non-minority riders is important for promoting equitable service delivery in transportation. What is the Measure Status? Data from the 2013 King County Metro Rider/Non Rider survey reveals that Low-income riders are more likely than higher 67 more likely than non-minority riders to depend Second, the rate of automobile ownership throughout the county is a companion data point to this survey because it reinforces the reality 68 that fewer people of color own vehicles. Although the overall vehicle ownership in the county is roughly 90 percent, people of color are much more likely than whites to not own vehicles. Capturing the rate of transit dependency between people of color and those who are low income compared to more affluent, non-minority, riders is important for weight to routes serving minority and low-income areas. Figure 86 To what extent do you use the bus for your transportation needs? Percent All Transportation NeedsPercent Most Transportation Needs 40% 39% 27% 26% 24% 10% 6% 2% HH Income < $35KHH Income > $35KMinority (N=227)Non-Minority (N=630) per/yr (N=186)per/yr (N=667) 67 2013 King County Metro Ride/Non Rider Survey 68 US Census 2000. Automobile Ownership by race 110| King County Determinants of Equity Baseline Project 69 To what extent do you use the bus for your transportation needs? AllMostMost/All HH Income < $35K per/yr (N=186)24%39%62% HH Income > $35K per/yr (N=667)2%27%30% Minority (N=227) 10%40%50% Non-Minority (N=630) 6%26%32% Figure 87 What is the Measure Availability? King County Metro conducts an annual survey of riders. Information from the annual rider survey will strengthen the utility of this measure by showing change over time. Finally, census data regarding vehicle ownership is anticipated to continue to be available for public use. Data Limitations The rider survey is limited to individuals who have a landline telephone or cell phone. The 2012 and 2013 rider surveys were conducted in English and Spanish.Therefore, the sample is limited to these languages, and cannot be said to represent the 4.5 percent of King County households where other languages are spoken. 69 Significant differences at the 95percentconfidence level shown in red 111| King County Determinants of Equity Baseline Project Metro Transit Passenger Crowding & Schedule Reliability Measure Definition: Percent of estimated service needed to reduce passenger crowding, improve schedule reliability and meet target service levels on minority or low-income routes. What is the Measure Significance? Bus crowding and lateness limit ability to conveniently and reliably use Metro Transit. Highlighting the service need to decrease bus crowding and improve schedule reliability is important because it reveals areas where resource allocation can improve equity in service delivery. What is the Measure Status? The 2014 King County Metro Transit Service Guidelines Report estimates the amount of service needed to decrease 70 crowding, improve schedule reliability and overall performance. To show how these investments affect low-income and minority routes and corridors Metro reports on the percent of investment need identified on low-income and minority routes and corridors. The estimated needs shown below are King priorities. are concentrated on low- income and minority services. o Approximately 45 percent of the total hours needed to address passenger crowding are on minority routes; total hours needed to address passenger crowding are on low- service hours are operated on low-income routes. o Approximately 46 percent of the total hours needed to address schedule reliability are on minority routes; total hours needed to address schedule reliability are on low- service hours are operated on low-income routes. . rity to corridors that: have high residential and job densities; serve regional and manufacturing industrial centers and activity centers; and serve low-income and minority area. In this way, Metro prioritizes the mobility needs of minority and low-income populations. The 2014 Service Guidelines Report identified needed service investments on minority and low-income corridors at a rate of more than 2 to 1 (when compared to investments in corridors not identified as minority or low-income). Approximately 72 percent of the total hours needed to meet target service levels are 63 percent of the total hours needed to meet target service levels are on low-income corridors; about 50 percent -income routes. Figure 88 gives a visual representation of the intersection of Metro routes with low-income and minority census tracts. 70 King County Metro Transit 2014 Service Guidelines Report 112| King County Determinants of Equity Baseline Project Figure 88 113| King County Determinants of Equity Baseline Project What is the Measure Availability? The Service Guidelines Report is an annual report that identifies investment priorities including overcrowding and schedule reliability, and is the primary source of this information. These data also appear in the Title VI report that is 71 provided by Metro Transit to the Federal Transit Administration (FTA) every three years. Title VI regulations, Metro Transit develops a Title VI analysis of major service changes that is submitted to the King County Council with the ordinance adopting the changes. Data Limitations The Service Guidelines Report is issued once a year. It reports on the number of incidences of overcrowding, but does not report the severity of overcrowding. Proximity to Metro Transit: Population within a Quarter Mile Walk of a Transit Stop or a Two Mile Drive to a Park-and-Ride Measure Definition: Percent of housing units per census tract that are located within a quarter mile of a transit stop or a two mile drive to a park-and-ride. What is the Measure Significance? The distance people travel to access transit measures convenience and overall accessibility. Accessing transit is an essential measure because if people cannot get to the bus stop, then issues of crowding and reliability are inconsequential. What is the Measure Status? Minority and low-income residents have better than average proximity to Metro Transit. The 2013 King County Metro Transit Strategic Plan reports that: Overall, 65 percent of housing units are within a quarter mile of a transit stop and 22 percent are within two miles of a park-and-ride for a cumulative score of 87 percent. Of low-income residents, 76 percent are within a quarter mile of a transit stop and 19 percent are within two miles of a park-and-ride for a cumulative score of 95 percent. Of minority residents, 67 percent are within a quarter mile of a transit stop and 25 percent are within two miles of a 72 park-and-ride for a cumulative score of 92 percent. What is the Measure Availability? This measure is currently used by Metro Transit to monitor the goal of providing equitable opportunities for all people to access public transportation. This measure has been used in years past so it is possible to see change over time. It is anticipated that Metro will continues to report on this measure, making it readily accessible for use. Data Limitations There is a fairly significant travel difference between a quarter- mile walk and two mile drive. This data might be communicated more clearly if these categories were portrayed separately. In addition, the consideration of how many 71 2013 King County Metro Transit Title VI Program Report 72 2013 King County Metro Transit Strategic Plan, p.10 114| King County Determinants of Equity Baseline Project people in low-income and minority areas own vehicles to drive two miles toapark andride could be an interesting companion dataset. Metro Transit On-Time Performance Measure Definition: A bus is considered to be on time if it is arrives between 1 minute early and 5 minutes late. What is the Measure Significance? 73 Bus timeliness is important because it is a key element of service reliability for customers (2013 R/NR). Reliable and convenient service is particularly important when serving residents who utilize public transit for all or most of their transportation needs. Examining service reliability across minority and low-income routes provides an equity checkpoint for transit service delivery. What is the Measure Status? The 2013 King County Metro Transit Title VI Program Report shows that Metro Transit has a relatively even distribution of 74 on-time performance across demographics and income. Figure 89 shows that service is slightly timelier on minority routes than on non-minority routes. Low-income routes and non-low-income routes are also separated by a one percent difference in service. Figure 89 73 2013 Rider/Non Rider Survey, p.190 74 2013 King County Metro Transit Title VI Program Report, p.27 115| King County Determinants of Equity Baseline Project What is the Measure Availability? These data appear in the Metro Transit Title VI Report which is produced every three years. On-time performance is a common indicator for measuring transportation reliability. It is unclear how often the combination of demographic breakdown for on-time performance by race and income will appear. At minimum, this breakdown will likely occur every three years in the Title VI Report. Data Limitations One challenge with these data is an inability to see a larger time period to understand change over time. If this measure is selected, further inquiry to Metro Transit can likely produce additional information to strengthen the utility of the data by showing change over time in on-time bus performance. Walk Score, Bike Score, Transit Score Throughout the course of this project, it came to light that the highest level measure that captures this determinant may be walk score, bike score and transit score. Given more time, the project team recommends investigating these three measures to determine if they will provide an accurate picture of the ESJ landscape for transportation in King County. Metro Transit Reduced Fare Utilization Measure Definition: King County provides reduced fares for disabled, senior or youth cardholder. These trips can be measured by ORCA card use. What is the Measure Significance? Transportation affordability is important to measure because not being able to afford fare limits access. King County Metro participates with other regional transit agencies in the Regional Reduced Fare Permit (RRFP) for seniors and disabled individuals. Metro provides a large fare discount to RRFP holders to help alleviate the cost burden of transportation. RRFP utilization is important because it measures transit use for this group of riders. Metro also provides a youth fare discount. What is the Measure Status? Reduced fares for seniors, riders with disabilities and youth when paid via ORCA card are tracked in an aggregate fashion. ORCA use for these reduced fare categories is currently the only measure for public transit fare assistance that the research team could locate. The measure is limited because it excludes people who are low-income and are not using an RRFP or youth ORCA card for fare payment. . Additionally, this measure does not show utilization by demographic category or geography (zip codes). 116| King County Determinants of Equity Baseline Project Figure 90 What is the Measure Availability? The measure of RRFP utilization is collected annually so it possible to see change over time in utilization. Data Limitations This measure is limited because it excludes people who are low-income and are not disabled or a senior. Additionally, this measure does not show any utilization by demographic category or geography (zip codes) of RRFP card holders. More research will be required to learn if these data can be disaggregated. Metro Transit Low Income Fare Utilization - March 1, 2015 What is the Measure Significance? With the aim of striking a balance between generating revenue and keeping public transit affordable, King County Metro 75 is introducing a low-income fare beginning March 1, 2015. The new fare will apply to residents at or below 200 percent of the federal poverty level. Metro Transit is currently working to establish the most accessible way to determine resident eligibility. Residents will have to re-qualify for the program every two years. What is the Measure Status? Measuring the utilization of this new fare is recommended because it can provide insight into affordability and the cost burden of public transportation on low-income individuals. One anticipated challenge in capturing these data are adults who pay by cash instead of ORCA card. 75 2015 King County Metro Fare Change 117| King County Determinants of Equity Baseline Project Figure 91 What is the Measure Availability? This measure currently does not exist. Metro typically tracks rider data very closely, these data are likely to be available on an annual basis once the program begins. Data Limitations No data limitations identified at this time. Transportation Cost Burden Measure Definition: The calculation for cost burden is: (auto ownership costs + auto use costs + public transit costs)/ representative income. What is the Measure Significance? Calculating the cost burden of transportation as a percent of income is important for understanding the financial challenges surrounding mobility in the region. What is the Measure Status? The two maps below are examples of the types of data available for this measure. The maps were created using the that 76 was original developed in partnership with the Brookings Institute. The calculation for cost burden is: cost burden = (auto ownership costs + auto use costs + public transit costs)/ representative income Figure 92 and 93 show transportation cost for the area typical income of $64,000 and the area moderate income of $51,000. Both maps show the higher cost burden for those living in rural areas of King County to varying degrees. Although this measure seems directionally accurate, it would be particularly insightful if it included the cost burden of residents living at or below 200 percent poverty. 76 H+T Affordability Index 118| King County Determinants of Equity Baseline Project Figure 92 Figure 93 119| King County Determinants of Equity Baseline Project What is the Measure Availability? The H+T index began in partnership between the Center for Neighborhood Technology and Urban Markets Initiative in 2006. This measure uses a variety of datasets including census data and general transit feed specification (GTFS). The tool is free for public use. If this measure is selected, it is worth investigating to learn if it is possible to achieve a closer level of detail in neighborhood results by income. Data Limitations The comparison of transportation cost as a percent of area income would be more helpful is calculated using a relatively high income that does represent low-income residents. It would insightful if it this data could further disaggregate the cost burden to residents living at or below 200 percent poverty. 120| King County Determinants of Equity Baseline Project Community Economic Development 121| King County Determinants of Equity Baseline Project Return to Table of Contents Overview of Findings Link to Metadata Community and Economic Development Ordinance Definition: Community Economic Development that supports local ownership of assets, including homes and businesses, and assures fair access for all to business development and business retention opportunities Applying an ESJ perspective to community and economic development expands the conversation from looking at area wealth and business ownership to a more specific conversation on who is benefiting from the current structure. This type of analysis allows for reconsidering the allocation of resources to promote thriving communities across King County. The recommended indicators below were selected for their ability to measure community and economic development. Each indicator matches with a measurable topic in the ordinance definition. Recognizing it may not be feasible to track all indicators over time, the essential measure for this determinant is identified below in italics. An essential measure is the highest level indicator that captures the spirit of the determinant and can impact other determinant areas. Preliminary Measures Local Ownership of Assets Home Ownership Foreclosure Risk Score Residential Assessed Value Business Development and Retention People of Color Owned Businesses Key Findings In 2009, White and Asian residents were almost two times more likely to own a home than Black/African American or Hispanic/Latino residents. Only 13 percent of all business enterprises are minority owned in King County, 7 percent below the U.S. average among other counties. Foreclosure risk is the highest in South County. Limitation of Ordinance Definition None noted at this time. 122| King County Determinants of Equity Baseline Project Home Ownership Rates Measure Definition: The percent of people in King County that own a home by race/ethnicity. What is the Measure Significance? Purchasing a home is often the largest financial investment a household will make. Home ownership is a measure of personal and area wealth. Home ownership is the best indicator of accumulated wealth. Examining home ownership rates in King County brings understanding to area wealth and underscores residents who are able to make this type of investment and those who may require additional support in order to make this investment. What is the Measure Status? Figure 94 shows homeownership by race/ethnicity in 2009. White and Asian residents were almost two times more likely to own a home than Black/African American or Hispanic/Latino residents. Although these data will have changed since 2009, a similar directional trend is anticipated to be reflected in newer reports. This type of information is useful for highlighting who holds the wealth in King County. Figure 94 What is the Measure Availability? This dataset is from the American Community Survey (ACS) and was retrieved from the King County AIMs High website. This dataset is anticipated to continue to be made available by the ACS. Data Limitations Lag time in ACS data reporting makes it difficult to understand the most current situation of home ownership. 123| King County Determinants of Equity Baseline Project Foreclosure Risk Score Measure Definition: Composite score comprised of risk factors that include: subprime lending, mortgage delinquencies, foreclosures and vacancies. What is the Measure Significance? Foreclosures impact families, neighborhoods and the local economy. Examples of these impacts can include, families left homeless, neighborhood gentrification, increased area crime and local business that are struggling or closing down because the shrinking customer base. Identifying areas with heightened risk of foreclosure can inform the allocation of resources and policy interventions to help residents, neighborhoods and save local economies. What is the Measure Status? Figure 95 shows the risk of foreclosure in King County by census tract. The composite score generated by a free web- based resource called the Foreclosure-Response, which is one example of how the County can monitor the risk of area 77 foreclosure. The score is comprised of risk factors that include: subprime lending, mortgage delinquencies, foreclosures and vacancies. The lighter shading on the map indicates areas with a high foreclosure risk, making a clear distinction of where wealth is concentrated. Areas with known wealth, such as parts of the North Seattle, Mercer Island, Bellevue and Sammamish, are at considerably lower risk than the entirety of South County where a higher concentration of people of color, low-income individuals and those with limited English proficiency reside. Figure 95 77 Foreclosure-Response.org 124| King County Determinants of Equity Baseline Project What is the Measure Availability? The longevity of this analysis tool is unknown; however the composite score uses datasets that are available through the U.S. Census, therefore monitoring and analysis for this measure can continue. Data Limitations Although Foreclosure-Response has provided a useful tool, it is unclear how long this service will be available. If the County chooses to continue monitoring this measure, investigating the longevity of this organization or identifying other partners who analyze these data will be a useful endeavor. Finally, census data are collected every five years; solely relying on census data makes it difficult to understand the most current foreclosure situation. Change in Residential Assessed Value Measure Definition: Percent change of residential assessed value of homes by neighborhood. What is the Measure Significance? Home ownership is the best indicator of wealth accumulation. Understanding changes in the assessed value of homes is therefore a proxy to understanding the accumulation of personal and area wealth. Decreasing home values impacts the perty value may also challenge the owners ability maintain their investment and afford the accompanying increase in property taxes. Evaluating assessed values with an equity lens allows the County a high-level view of concentrated wealth and the ability to see the risk of neighborhood displacement and gentrification. What is the Measure Status? During the recession, declines in home values were not felt equally across King County. The graph below is an analysis conducted by the King County Office of Economic and Financial Analysis. Figure 96 shows areas where home and area wealth are in decline. The graph draws particular attention to South County where a higher concentration of people of color, low-income individuals and those with limited English proficiency reside. 125| King County Determinants of Equity Baseline Project What is the Measure Availability? Thesedata are collected by the King County Office of Economic and Financial Analysis (OEFA) and were created for the 2012 Equity and Social Justice Annual Report. While these data were compiled on a one-time basis, OEFA has recently indicated intent to track specific economic indicators that are particularly relevant to the determinants, thus providing an opportunity to partner with OEFA to recreate this measure in the future. Data Limitations Thesedata are part of a one-time analysis. If this measure is chosen, it is recommended that a partnership is pursued with OEFA to recreate this analysis at regularly scheduled intervals. People of Color Owned Businesses Measure Definition: Percent of minority owned businesses. What is the Measure Significance? Businesses are an important driver of jobs and economic success. Equal access to business opportunities help support and strengthen local economies. Applying an ESJ perspective to business ownership allows for a conversation on the accessibility of diverse business ownership in King County. 126| King County Determinants of Equity Baseline Project What is the Measure Status? th The 2008 U.S. Census Survey of Business Owners (SBO) ranks King County 14 among all counties for women-owned businesses. Having 29 percent of non-farm women owned business is on par with the national average of 28.7 percent. Looking at minority owned businesses, approximately 13 percent of all business enterprises are minority owned in King County, this is much lower than the U.S. average which is just over 20 percent. Further analysis of these data might include a comparison of the percentage of women and minority owned businesses with the total numbers of women and minorities in the King County population. This type of analysis would be helpful in understanding whether or not the share of business owners is proportionate. Figure 97 What is the Measure Availability? This dataset is available from the U.S. Census Survey of Business Owners (SBO). Data are collected every five years during years that end in two and seven. The current categories provided in the SBO provide information by race/ethnicity as well as in demographic categories of minority, and non-minority. Figure 97 is a portrayal of information available on the King website and is not an original analysis of SBO data. Data Limitations Thesemeasures originate from the U.S. Census Survey of Business Owners (SBO), the data presented above display the results available from the most recent, 2007, survey. The SBO was administered again in 2012 and the data are expected to be released in 2015. To find more information about the expected release dates please see the U.S. Census 2012 Survey of Business Owners Tentative Release Schedule. 127| King County Determinants of Equity Baseline Project Neighborhoods 128| King County Determinants of Equity Baseline Project Return to Table of Contents Overview of Findings Link to Metadata Neighborhoods Ordinance Definition: Neighborhoods that support all communities and individuals through strong social networks, trust among neighbors and the ability to work together to achieve common goals that improve the quality of life for everyone in the neighborhood. Neighborhoods provide insight into residentdaily life. Understanding neighborhood factors allows King County an opportunity to develop area specific plans to improve quality of life. The recommended indicators below were selected for their ability to measure neighborhoods. Each indicator matches with a measurable topic in the ordinance definition. Recognizing it may not be feasible to track all indicators over time, the essential measure for this determinant is identified below in italics. An essential measure is the highest level indicator that captures the spirit of the determinant and can impact other determinant areas. Preliminary Measures Strong Social Networks Residential Mobility Social Support Neighborhood Cohesion Social Cohesion Quality of Life Resident Satisfaction with Quality of Life Civic Vitality Voter Registration Voter Turnout Key Findings Almost three quarters (74 percent) of people who responded to the King County Resident Survey reported being very satisfied/satisfied with their quality of life in King County. Residents earning less than $20,000/year reported having the least amount of trust among neighbors. Civic vitality is not included in the determinants, but is deemed a key component of equity and therefore is included in this report and recommended that ordinance 16948 be updated to include this key attribute of democracy. Limitation of Ordinance Definition The neighborhoods determinant does not include a component for civic vitality. Throughout this research project civic vitality was identified as a key component of equity that other regions are measuring and is thus included in this report 129| King County Determinants of Equity Baseline Project despitethis language being entirely absent from ordinance 16948. It is recommended that the be updated to include this key attribute of democracy. 130| King County Determinants of Equity Baseline Project Residential Mobility Measure Definition: Percent of households that have moved residence within the last year. What is the Measure Significance? Neighborhoods that have higher rates of turnover may experience decreased social cohesion and trust among neighbors. Residential instability may also indicate displacement, which can occur for a variety of reasons including cost of living and job relocation. What is the Measure Status? Figure 98 is an example of the type of information available to show displacement. The areas that are shaded lighter indicate more frequent turnover. In Seattle the area with most frequent housing turnover is located near the University of Washington, which is attributed to the student population. Additionally, there are areas in South Seattle/South County that have higher than average neighborhood mobility/turnover. The least amount of residential mobility/turnover is found in East County indicating people there are likely to remain in their neighborhoods for a longer period of time. Although this map provides an initial glimpse into residential mobility, understanding this information based on socioeconomic variables may provide valuable insight the reason behind areas with high turnover/displacement. Figure 98 131| King County Determinants of Equity Baseline Project What is the Measure Availability? Thesedata are available through the American Community Survey which collects data annually. The map above was generated from Social Explorer, an online GIS mapping tool which the authors had access to via an educational 78 subscription. To create this map in the future would require either staff time, buying GIS mapping time or purchasing a subscription to this service. Data Limitations While residential mobility may be an indicator of displacement, this measure does not allow analysis of the reasons for moving, but rather provides a starting place to understand displacement. In order to reduce the margin of error associated with ACS sampling, the map shown above uses five year estimates. However, using five year estimates may cause some yearly changes to be missed. Social Support Measure Definition: A measure of the physical and emotional comfort and practical resources received from family, friends, co-workers and others. For more information on the questions related to this measure see Communities Count. What is the Measure Significance? Social support indicates the extent to which people feel supported by their networks and have someone who can care for them mentally/emotionally/physically if needed. The questions included in this measure incl available to help you if you were confined to bed, and yourself or your problems.mfort and the practical resources that we receive from family, friends, co- 79 mediate the effects of stress and improve positive psychological strengths. What is the Measure Status? According to the Communities Count Survey, low-income people are less likely to report feelings of social support than their higher-earning peers. This may indicate that low-income people have less access to supportive social networks. The byproduct of feeling less support is that low-income people are at higher risk for experiencing stressors that might otherwise be alleviated by having supportive peers. People who are unable to work report having the least amount of social support of all subgroups surveyed, perhaps indicating that being able to work provides broader access to social networks and social support. People of color report lower social support than white residents and those with English as the primary language report higher levels of support than those where English is not their primary language. Finally, the residents in the South Region report having less social support than the county average in 2007 and 2011. 78 Social Explorer 79 Mitchell, C.U. and LaGory, J. (2002 ) `Social Capital and Mental Distress in an Impoverished Community' , City & Community 1 : 195 #x2014216 . http://www.ncbi.nlm.nih.gov/pubmed/20524555; 132| King County Determinants of Equity Baseline Project Figure 99 Figure 100 Figure 101 What is the measure availability? These data are collected by the Communities Count Survey, which is implemented approximately every three years. Communities Count reports these data on its website making it readily available. The current reporting structure does not , 133| King County Determinants of Equity Baseline Project color in the survey will enable a more detailed reporting structure. A similar trend is true for income and languages spoken. Data Limitations Thesedata are dependent upon continuous funding for the Communities Count Survey. Further, assuming the survey is continued, variation in the survey administration or question structure may prevent the analysis of trend data. The ,etailed subgroup information on race/ethnicity. Neighborhood Social Cohesion Measure Definition: A measure of mutual trust among neighbors and informal social control for example, the likelihood that a neighbor would intervene if children were skipping school or spray-painting graffiti. For more information on the questions related to this measure see Communities Count. What is the Measure Significance? The measure of social cohesion is an indicator of neighbor trust. This measure includes questions about the degree to children were skipping school, or spray-painting graffiti, as well as other questions related to informal social control. Neighborhoods with high social cohesion have lower rates of violence and greater connectivity. Neighborhood social cohesion also influences participation in physical activity and is positively correlated with better physical and mental 80 health. What is the Measure Status? Social cohesion was reported at higher rates among White respondents than Black/African American or Asian respondents. Respondents in the lowest income bracket, those making less than $20,000 a year, reported the least amount of social cohesion with a social cohesion score of 31.9. One challenge is that this information is not connected with particular spatial locations so it is difficult to ascertain whether trust is lower in areas with concentrated poverty or whether these low-income respondents are living in mixed income neighborhoods. There was less variation in social cohesion by region than by race/ethnicity or income. Social cohesion was found to be the highest in the East Region and the lowest in Seattle. 80 http://uwashington.worldcat.org.offcampus.lib.washington.edu/title/neighborhood-social-cohesion-and-youth-participation-in-physical-activity-in- chicago/oclc/2330316956956?referer=brief_results ; http://uwashington.worldcat.org.offcampus.lib.washington.edu/title/neighborhood-contexts- and-the-mediating-role-of-neighborhood-social-cohesion-on-health-and-psychological-distress-among-hispanic-and-non-hispanic- residents/oclc/2330776360129?referer=brief_results 134| King County Determinants of Equity Baseline Project Figure 102 Figure 103 Figure 104 What is the Measure availability? Thesedata are collected by the Communities Count Survey which is conducted approximately every three years. Communities Count reports these data on its website making it readily available. The current reporting structure uses First Language rather than Limited English Proficiency as a subgroup language measure. The survey also does not differentiate 135| King County Determinants of Equity Baseline Project , survey will enable a more detailed reporting structure. A similar trend is true for income and languages spoken. Data Limitations Thesedata are dependent upon continuous funding for the Communities Count Survey. Further, assuming the survey is continued, variation in the survey administration or question structure may prevent the analysis of trend data. Resident Satisfaction with Quality of Life Measure Definition: Likert scale rating of resident satisfaction with quality of life in King County. What is the Measure Significance? Resident satisfaction with quality of life provides insight into perception of the County as a good place to live, work and play. Understanding how residents perceive their quality of life may provide insight into how well the County is doing in providing services. Differences in satisfaction with quality of life between residents may provide insight into how the County can work to better serve residents and improve neighborhood conditions. What is the Measure Status? Of the residents that participated in the King County Resident Survey, 74 percent of respondents were very satisfied/satisfied with their quality of life in King County. The current reporting structure does not provide any insight into demographic or spatial information of residents. Without a demographic breakdown this measure does not provide insight into ESJ related subgroups. In order for this measure to become more meaningful, future reporting should include a demographic breakdown of respondents to gain insight into differences the dominant and non-dominant groups. Figure 105 136| King County Determinants of Equity Baseline Project Figure 106 What is the Measure Availability? Data are collected by the King County Residential Survey which is conducted approximately every three years and housed in the Office of Performance Strategy and Budget. Data Limitations Current reporting does not analyze responses by race/ethnicity, LEP, or income. The current map provided does not convey regional differences in responses. In order for this measure to be a meaningful way to understand the ESJ implications of quality of life, future reporting should include regional, race/ethnic, LEP, and income subgroup information. Voter Registration What is the Measure Significance? Participation in elections is a cornerstone to a strong democracy. In a country where access to voting has a long and tumultuous history of exclusion, it is important to monitor access to voting in in King County. Voter registration provides insights into who is participating in local decision-making. This information will allow for more strategic outreach to underrepresented communities to help ensure they have a voice in the civic process. What is the Measure Status? Data for this measure were under development by the King County Elections Department in the fall of 2014. The County ought to monitor this with an equity lens to understand barriers to voting. 137| King County Determinants of Equity Baseline Project Voter Turnout What is the Measure Significance? Understanding differences in voter turnout can inform strategies to engage registered voters and inform the general public about voting participation. This measure may also indicate differences in turnout between election cycles and provide insight into how turnout relates to the issues on the ballot. Further, this measure may also help the County inform strategies for understanding barriers to voting. What is the Measure Status? Data for this measure are under development by King County Elections Department in the fall of 2014. The County ought tomonitor this with an equity lens to understand barriers to voting. 138| King County Determinants of Equity Baseline Project Housing 139| King County Determinants of Equity Baseline Project Return to Table of Contents Overview of Findings Link to Metadata Housing Ordinance definition: Housing for all people that is safe, affordable, high quality and healthy Housing instability contributes to high levels of stress as well as difficulty securing and maintaining employment. Unaffordable housing may also contribute to homelessness or overcrowding. The recommended indicators below were selected for their ability to measure housing. Each indicator matches with a measurable topic in the ordinance definition. Recognizing it may not be feasible to track all indicators over time, the essential measure for this determinant is identified below in italics. An essential measure is the highest level indicator that captures the spirit of the determinant and can impact other determinant areas. Preliminary Measures Safe/High Quality Poor Housing Conditions by Geography Affordable Cost Burdened Households by Geography and Race/Ethnicity Healthy Weighted Road Density Values in Urban King County Access Homelessness Key Findings Households that pay over 30 percent of income for housing are considered cost burdened by the U.S. Department of Housing and Urban Development. On average, 47 percent of households that rent in King County report paying over 30 percent of their annual household income on housing costs. Lack of access to stable housing remains an acute problem. On any given night an estimated 3,000people sleep 81 without shelter in King County. The highest concentration of poor housing conditions is found in South Seattle and South King County. Limitation of Ordinance Definition e in locating appropriate measure for each descriptor. Direct measures for safe, quality, healthy and accessible housing are not uniform across providers causing this 81 King County One Night Count (2014). Because the one night count does not count everywhere in King County and many people live in places not visible or accessible, this number is considered an undercount. 140| King County Determinants of Equity Baseline Project report to choose several proxy measures to understand these descriptors. Reconsidering language revisionsthat align with national housing standards may allow for more uniform measurement in this area. Poor Housing Conditions Measure Definition: Households with two or more of the following conditions: housing cost greater than 30% of income, more than one person per room in the house, no working kitchen, no working bathroom. What is the Measure Significance? The King County Health and Human Services Transformation Plan describes the importance of this measure in the following way: quality and health outcomes in the United States are intimately linked. Substandard housing is associated with injury, respiratory illness, lead poisoning and asthma. Housing conditions may also reflect neighborhood 82 For the purpose of this measure, poor housing is defined as households with two or more of the following housing conditions: housing costs greater than 30 percent of income; more than one person per room in the house; no working kitchen; no working bathroom. What is the Measure Status? Figure 107 shows data from the King County Health and Human Services Transformation plan. The map displays areas with the highest concentration of poor housing in red, highlighting many areas across King County that rank high on the poor housing scale. The highest concentration of poor housing is found in South Seattle and South King County. Figure 107 82 Health and Human Services Transformation Plan 141| King County Determinants of Equity Baseline Project What is the Measure Availability? This composite measure was developed by the Health and Human Services Transformation Plan. The frequency with which this measure will be updated is unknown; however, the dataset is available from the ACS so it is replicable. Data Limitations There is no standard measure for housing quality. This measure is a composite of three indicators gathered by the ACS. Figure 107 is from the Health and Human Services Transformation Plan. The evaluation plan for Communities of Opportunity is not finalized at this time and it is unclear if the map shown above will be recreated again for King County or only for the selected Communities of Opportunity. Cost Burdened Households by Race/Ethnicity Measure Definition: Renters and mortgage-holders that pay more than 30 percent of income for housing by race/ethnicity. What is the Measure Significance? Households that pay a high percentage of their income for housing have less money for essentials such as food, transportation and health care costs. Unaffordable housing can put individuals and families at risk for homelessness. Decreasing the number of households that are cost burdened can increase the personal capital necessary to thrive in King County. What is the Measure Status? Figure 108 is an analysis of ACS data between the year 2007 and 2011 that shows, on average, 47 percent of renters reported paying over 30 percent of their annual household income for housing costs. This map highlights areas such as Tukwila, Burien, SeaTac, Kent and Carnation where overpaying for rent is particularly prominent. Figure 109 shows the situation of both renter and mortgage-holders paying over 30 percent of their income by race/ethnicity. The spectrum of unaffordable housing is reported by White residents at a rate of 36 percent compared to a 55 percent reported by Black/African American residents. 142| King County Determinants of Equity Baseline Project Figure 108 Figure 109 143| King County Determinants of Equity Baseline Project What is the Measure Availability? Thesedata are collected annually by the ACS and analyzed by both Seattle & King County Public Health and Communities Count. Data Limitations This measure does not differentiate between cost-burden and extreme cost-burden (households paying 50 percent or more of income for housing). The data displayed above do not use corresponding averages or starting points in time. Weighted Road Density Values Measure Definition: Weighted Road Density is a measure of traffic density values estimated based on distance to the eight major road classes defined by the Washington State Department of Transportation. Distance values are weighted based on the typical traffic volumes on each class of road within urban King County by select geographic area. What is the Measure Significance? 83 Traffic density correlates with increased noise pollution and ambient air pollution. Housing locations with high Weighted Road Density (WRD) Scores are exposed to high levels of pollution from traffic. WRD values provide a proxy for understanding exposure to potential health risks associated with housing conditions in areas with high traffic density. WRD is a proxy measure for healthy housing. Other measures for healthy housing such as such as mold or lead exposure were not available at the community-level and therefore are not included in this report. What is the Measure Status? Traffic density and the corresponding health and environmental implications are not evenly distributed throughout King County. Internal analysis shows a relationship between traffic density and socioeconomic variables of income, 84 race/ethnicity and LEP status. Figure 110, 111, 112, and 113 show the following: Increase in income by census tract, WRD decreases (figure 110). Increase in English Proficiency by census tract, WRD decreases (figure 111). Increase in residents of color by census tract, WRD increases (figure 112). These three socioeconomic and demographic variables converge when considering the type of housing available to people. Often housing units that are more affordable are exposed to higher levels of traffic density. These housing units are subject to the corresponding pollution more so than residents who can afford to live away from busy roads. 83 Kim. M., Chang S.I., Park T.H., Ko J.H., Holt J.b., Croft J.B., % Seong J.C. (2012). Road traffic noise: Annoyance, sleep disturbance, and public health implications. Am.J.Prev.Med.American Journal of Preventative Medicine, 43(4), 353-360. 84 Schulte. J (2012). Traffic Density, census demographics and environmental equity in Housing: A geographic analysis in urban King County. 144| King County Determinants of Equity Baseline Project Figure 110 Figure 111 145| King County Determinants of Equity Baseline Project Figure 112 Figure 113 146| King County Determinants of Equity Baseline Project What is the Measure Availability? 85 Thesedata were compiled and analyzed by an MPH candidate and in a one-time report. Recreating this measure would require additional staff time. King County AIMS High has produced GIS maps that display exposure to noise pollution along high volume roadways in King County. Exploring the combination of WRD and the maps created for Aims High is potentially one avenue to efficiently monitor this measure. Data Limitations Although proximity to highways and roads does increase exposure to pollution, it also may indicate the accessibly to public to transportation. Additionally, WRD analysis treats all roads equally and does not distinguish between roads that have higher traffic volumes such as interstates and arterial roads. This is not a measure currently reported by King County and would require additional staff time to recreate. Homelessness Measure Definition: Sleeping without shelter over the past 12-months. What is the Measure Significance? 86 Lack of access to stable housing remains an acute problem in King County. On any given night, an estimated 3,000 people sleep without shelter in King County. Over the course of a year it is estimated more than 24,000 people experience 87 an episode of homelessness. Although homelessness can be brought on by a variety of different factors including the high cost of housing, domestic violence, mental illness and chemical addiction, it tends to disproportionately impact people of color. The County can better understand access to housing by continuing to measure homelessness. What is the Measure Status? Native Hawaiian/ Pacific Islanders, Black/African Americans, and Native Americans are overrepresented in the population 88 of homeless individuals accessing emergency, transitional, or supportive housing services. 85 Schulte. J (2012). Traffic Density, census demographics and environmental equity in Housing: A geographic analysis in urban King County. 86 King County One Night Count (2014). Because the one night count does not count everywhere in King County and many people live in places not visible or accessible, this number is considered an undercount. 87 King County Committee to End Homelessness. Retrieved from: http://www.cehkc.org/Scope.aspx 88 King County Committee to End Homelessness King County 2013 Annual Report 147| King County Determinants of Equity Baseline Project Figure 114 What is the Measure Availability? Figure 114 was reported in the 2013 Committee to End Homelessness Annual Report; however the original source for this data is Safe Harbors. It seems reasonable to assume that Safe Harbors and the Committee to End Homelessness will continue to collect and report on this information in future years. Data Limitations Itis important to recognize the variety of reasons that stem beyond housing affordability that trigger homelessness. Finally, the one night count does not collect demographic information. Although the data seems directionally accurate, the one night count provides only a snapshot in time of homelessness in King County and leaves several areas of the county unaccounted for. 148| King County Determinants of Equity Baseline Project Community & Public Safety 149| King County Determinants of Equity Baseline Project Return to Table of Contents Overview of Findings Link to Metadata Community & Public Safety Ordinance Definition: Community and public safety that includes services such as fire, police, emergency medical services and code enforcement that are responsive to all residents so that everyone feels safe to live, work and play in any neighborhood of King County. Feeling safe impacts how people interact in their environment. In order to create an environment in King County where everyone feels safe to live, work and play we must begin with understanding resident perception of safety and their actual experiences of crime. The recommended indicators below were selected for their ability to measure community and public safety. Each indicator matches with a measurable topic in the ordinance definition. Recognizing it may not be feasible to track all indicators over time, the essential measure for this determinant is identified below in italics. An essential measure is the highest level indicator that captures the spirit of the determinant and can impact other determinant areas. Preliminary Measures Community Perception of Safety Perceived neighborhood safety Actual Safety Crime Rate Key Findings Residents in South King County continue to report feeling a higher concern for safety than residents in other regions throughout the county. Residents who are low-income, people of color and LEP report feeling a higher concern for safety. Although the crime rate declined during 1997-2011, Seattle, South Cities and people of color persistently 89 experienced violent crime at a higher rate. Limitation in Ordinance Definition Community and public safety is a subset of the Law and Justice System and neighborhoods. This determinant might better serve as being diffused into those two determinant categories. As is, the determinant language is a catch-all and will benefit from having a more specific definition to clarify scope. Finally, measures for emergency response services (i.e. fire, police, EMS) and code enforcement are accounted for on an aggregate level, not incorporating an explicit ESJ lens. 89 Communities Count - The FBI Index Crime Rate, expressed as number of crimes per 100,000 persons, tracks serious crime in the U.S. The Index includes four major violent crimes (homicide, rape, robbery, and aggravated assault) and four major property crimes (burglary, larceny/theft, motor vehicle theft, and arson). 150| King County Determinants of Equity Baseline Project Perceived Neighborhood Safety Measure Definition: Measure reflects how often within the last 12-months people experienced feeling worried about the threats to safety. See metadata for complete list of threats to safety inquired about. What is The Measure Significance? Feeling safe impacts how people interact in their environment. The reason perceived safety is important is because it influences the level to which people feel isolated or engaged in their neighborhoods. Research has shown that increased resident isolation can impact individuals and neighborhoods in ways such as increased depression rates, increased child 90 maltreatment rates, and overall increase in crime rates. To create an environment in King County where everyone feels safe to live, work and play we must begin with understanding resident perception of safety. What Is The Measure Status? 91 Figure 115 shows that perceived community safety has increased over time in King County. Although the perception of safety has increased in general, the South Region has maintained the lowest safety scores; highlighting that individuals in the South Region continue to face a higher concern for safety than those in other regions throughout the county. Figure 116 and 117 shows that residents who earn under $35,000 per year, who identify as a person of color and where English is not their first language report feeling higher safety concerns. Figure 115 90 Booth, Ayers & Marsiglia, 2012; McDo 91 Communities Count Safety scale rating ranges from 6 (low safety) to 30 (high safety). 151| King County Determinants of Equity Baseline Project Figure 116 Figure 117 What is The Measure Availability? The data available for this measure are collected roughly every three years from a community survey conducted by Communities Count. It is anticipated that this data will continue to be updated by Communities Count and will be accessible for future use. Data Limitations Limitations for this survey include: 1) people who do not have a telephone or a permanent mailing address were missed. 2) People who do not speak English or Spanish were not able to participate. Actual Safety Measure Definition: FBI Index Crime Rate, expressed as number of crimes per 100,000 persons, tracks serious crime in the U.S. The Index includes four major violent crimes (homicide, rape, robbery, and aggravated assault) and four major property crimes (burglary, larceny/theft, motor vehicle theft, and arson). Why Is The Measure Significance? The measure of actual safety is important because it helps reveal why people in various regions experience differing levels of perceived safety. Examining documented incidents of compromised safety allows the County to create targeted interventions to create an environment where everyone feels safe to live, work and play. 152| King County Determinants of Equity Baseline Project What Is The Measure Status? 92 Over the past decade, regional crime has declined. In 2011 the average rate was 4,419 crimes per 100,000 people. Although crime is in decline during this period, Seattle and South Cities persistently experience crime at a higher rate than other areas in the county. Figure 119 shows disaggregated crime data that highlights victims of homicide by race/ethnicity. The reason for highlighting this information is because it is important to consider the rate at which different populations experience crime. The rate to which crime is experienced by one group over another can influence the perception of safety which ultimately impacts the ability of people to feel safe to live, work and play in King County. 93 From 1999-2011, victims of homicide were roughly three per 100,000 people in King County. Although the homicide trend is consistent with the declining crime index, it is important to highlight that Black/African Americans and Hispanics are victims at a higher rate than other populations. Figure 118 92 Communities Count - The FBI Index Crime Rate, expressed as number of crimes per 100,000 persons, tracks serious crime in the U.S. The Index includes four major violent crimes (homicide, rape, robbery, and aggravated assault) and four major property crimes (burglary, larceny/theft, motor vehicle theft, and arson). 93 Communities Count - Homicide Trend Data 153| King County Determinants of Equity Baseline Project Figure 119 What is The Measure Availability? The data used to comprise the crime index are collected at the federal level and anticipated to continue to be available yearly. Communities Count has performed several levels of analysis on the crime index which makes this measure accessible for immediate use. Communities Count also draws from WA. State Department of Health Vital Statistics to analyze information for specific crimes. Data Limitations The FBI Crime Index only reflects trends in eight specific crimes. The index includes four major violent crimes (homicide, rape, robbery, and aggravated assault) and four major property crimes (burglary, larceny/theft, motor vehicle theft, and arson). Additionally, the crime data that incorporates race/ethnicity is not associated with a specific geography so it is difficult to know if these crimes occur more frequently in certain areas than other. The lack of specific geographic information makes it more challenging to pinpoint interventions. 154| King County Determinants of Equity Baseline Project 155| King County Determinants of Equity Baseline Project Return to Table of Contents Overview of Findings Link to Metadata Law & Justice Ordinance Definition: A law and justice system that provides equitable access and fair treatment for all. Throughout America people of color experience the economic and psychosocial impact of incarceration at a higher rate than White residents; King County is no exception to this trend. The psychological, emotional, and economic cost of incarceration is felt by everyone either through explicit loss or implicit societal costs. Seeking to understand equitable access and fair treatment in the legal system in King County is vital for creating a community where all residents can thrive. The recommended indicators below were selected for their ability to measure law and justice. Each indicator matches with a measurable topic in the ordinance definition. Recognizing it may not be feasible to track all indicators over time, the essential measure for this determinant is identified below in italics. An essential measure is the highest level indicator that captures the spirit of the determinant and can impact other determinant areas. Preliminary Measures Equitable Access & Fair Treatment Incarceration Rate Juvenile Justice Population Change by Decision Point Key Findings Although the overall incarceration rate has declined between 2005 and 2011, Black/African American adults remain significantly overrepresented in the jail population relative to their percentage in the general population. In 2013 Black/African American youth were five times more likely to be referred to the Juvenile Justice System than White youth. The adult Criminal Justice System will benefit from developing a system to track disproportionality by decision- point similar to the Juvenile Justice System. Limitation of Ordinance Definition If language revisions are considered for this determinant, it is recommended that a more specific definition be given to define the scope of what is meant by law and justice. The parameters of equitable access and fair treatment are very broad classifications making it difficult to fully ascertain the status of any particular function of the law and justice system. Given more time, an analysis of system entry to exit would be in order to fully understand this determinant. 156| King County Determinants of Equity Baseline Project Incarceration Rate Measure Definition: Adult incarceration rate per 100,000. Data captures adults booked into King County Jail System, includes Department of Correction violators, but not including persons booked in municipal jail. What is the Measure Significance? The overrepresentation of Black/African American adults in the Criminal Justice System is a national trend mirrored in King County. The high level of incarceration has a significant economic and opportunity impact on communities of color. What is the Measure Status? The data below are retrieved from the King County Jail System which includes Department of Correction violators, but does not include persons booked on city misdemeanors. The graph shows that although the incarceration has declined between 2005 2011, Black/African American adults remain overrepresented in the jail population. Figure 120 What is the Measure Availability? Thesedata are collected annually by King County Department of Adult and Juvenile Detention (DAJD). The analysis above 94 was created for the 2012 ESJ Report. DAJD also tracks and reports this information on a monthly basis. Incarceration rate is a prominent measure where data analyses are anticipated to continue. 94 King County Equity Report 157| King County Determinants of Equity Baseline Project Data Limitations The race/ethnicity data collected by DAJD are from self-report. Also, there is no Hispanic category for self-reporting. Data on Hispanic populations are included in the White demographic category. Finally, having the ability to understand the adult system by decision point, similar to the Juvenile Justice System, would be helpful in learning where disproportionality occurs most regularly. Juvenile Justice Population Change by Decision Point Measure Definition: Based on the relative rate index that is intended to show equity level at each of the decision points in the Juvenile Justice System. What is the Measure Significance? Youth involvement in the Criminal Justice System can impact educational attainment, development and family systems. Understanding youth involvement by decision-point helps start the conversation on what types of interventions are appropriate to mitigate inequity. What is the Measure Status? Figures 121 through 124 are generated from the Relative Rate Index (RRI). This index measures disproportionality at each decision point in the Juvenile Justice System. Figure 121 shows that in 2013 Black/African American youth were five times more likely to be referred to the Juvenile Justice System than White youth. While the overall count of referrals is lower, the referral rate for Black/African American youth is higher than White youth based on their population size. The only two decision points in this chart where there is no statistically significant difference between Black/African American youth and White youth are Probation and Secure Confinement. All other decision points show disparity, either with the number being above 1.0 indicating more likely or below 1.0 indicating less likely. For example, Black/African American youth are more likely to be referred to the Juvenile Justice System (overrepresented in decision point) and less likely to be diverted (underrepresented in decision point). Figure 122 shows the 2013 cumulative impact of the Juvenile Justice System on Black/African American youth. The overrepresentation of Black/African American youth in the referral stage is the driver for increased disparity as these youth move through each decision point. Although similar trends are experienced by Hispanic and Asian youth at various decision points (figure 123 & 124), the rate of Black/African American youth is by far the most striking. Figure 125 shows a timeline of Juvenile Justice Initiatives and their influence on decreasing the number of youth detained. Although the number of youth detained is declining, disproportionality remains present. 158| King County Determinants of Equity Baseline Project Figure 121 Figure 122 159| King County Determinants of Equity Baseline Project Figure 123 Figure 124 Figure 125 160| King County Determinants of Equity Baseline Project What is the Measure Availability? 95 The RRI is a national index used by the U.S. Department of Justice. The dataset behind the RRI for King County is drawn from the King County Juvenile Information Management System (JIMS). The analysis was conducted internally by the Office of Performance, Strategy and Budget. This analysis is anticipated to continue because it corresponds with federal standard. Data Limitations This data provides a starting place for investigating disproportionality, but does not indicate the root cause. Further systemic analysis is required to understand the root cause and interventions that will alleviate disparity. 95 Office of Juvenile Justice and Delinquency Prevention 161| King County Determinants of Equity Baseline Project Return to Table of Contents Appendix A: Metadata The metadata below are organized by determinant chapter. The indicators listed in each chapter are ordered by mention in the report. Early Childhood Development Return to Chapter Indicator: Nightly Reading Definition: Percent of parents who report reading nightly to children under five years old, reported by race/ethnicity, 96 income and primary language status. Source: Communities Count Survey Frequency of Collection: Survey conducted approximately every three years. Indicator: Adverse Childhood Experiences (ACE) Definition: Experiencing sexual abuse, verbal abuse, physical abuse, witnessing domestic violence, having divorced/separated parents, a household member who with substance abuse issues, a household member in prison or a mentally ill household member. Source: BRFSS Frequency of Collection: BRFSS survey, although this question is not asked regularly. This question is slated to be asked again in 2017. Indicator: Participation in Early Achievers 97 Definition: Percent of licensed eligible childcare centers participating in Early Achievers (WA QRIS program). Participation in Early Achievers signifies the intent of a childcare program to participate in the state Quality Rating and Improvement System (QRIS). Early Achievers is a new program and many centers that have enrolled to participate have not yet been rated. Source: Child Care Resources Frequency of Collection: Enrollment data collected annually Indicator: Childcare Cost Burden Definition: Median child care cost as percent of annual income by race/ethnicity. Source: American Community Survey (ACS): race/ethnicity income data Child Care Resources: Childcare cost in King County Frequency of Collection: Annually 96 The form of this question changed in the 2011 survey and as such no trends are available. 97 Participation in Early Achievers signifies the intent of a child care program to participate in the QRIS system. Early Achievers is a new program and many centers who have enrolled to participate have not yet been rated. 162| King County Determinants of Equity Baseline Project Indicator: Kindergarten Readiness Definition: Percent of students who demonstrate the skills of a kindergartener in the domains of social emotional, physical, language, cognitive, literacy, and math at the beginning of kindergarten. Source: OSPI WaKIDS; County information available by request from OSPI Student Information Coordinator by County. Frequency of Collection: Annually by school year Education Return to Chapter Indicator: Third-grade reading proficiency Definition: Percent of students proficient in third-grade reading on the Measurement of Student Progress (MSP) test by race, LEP, and income from 2010-2012. Source: OSPI Report Card Frequency of Collection: Annually by school year Indicator: Fourth-grade math proficiency by race Definition: Percent of students proficient in fourth-grade math on the Measurement of Student Progress (MSP) test by race, LEP, and income from 2010-2012. Source: OSPI Report Card Frequency of Collection: Annually by school year Indicator: English language learners (ELL) progress learning English Definition: Annual Measurable Achievement Objectives - 1 (AMAO-1). Source: OSPI Transitional Bilingual Instructional Program, Washington English Language Proficiency Assessment (WELPA) for K-12 ELL Students, AMAO-1 from 2011-2012 Frequency of Collection: Annually Indicator: Parent Perception of Cultural Responsiveness Definition: Composite score of 7 questions rated on 1-5 likert scale. The survey questions include: I am greeted warmly when I call or visit the school. I am invited to visit classrooms to observe teaching and learning. The school encourages feedback from parents and the community. My child My home culture and home language are valued by the school. At this school, it is difficult to overcome the cultural barriers between staff and parents. (reverse coded) This data only covers the Road Map region (Auburn, Federal Way, Highline, Kent, Renton, Tukwila and South Seattle Public Schools) and does not include Bellevue, Enumclaw, Lake Washington, Mercer Island, Northshore, Riverview, Shoreline, Snoqualmie, Tahoma, Vashon or schools outside of South Seattle. The questions used in this indicator come from a set of agreed upon parent indicators, these questions could be incorporated into the Communities Count Survey or King County Residential Survey. 163| King County Determinants of Equity Baseline Project Source:The Road Map Project 2013 Regional Parent Poll Frequency of Collection: Unclear how frequently the parent survey will be administrated. Indicator: On-Time High School Graduation Rates Definition: Adjusted four-year cohort graduation rates by race, LEP and income. Source: OSPI Graduation and Dropout Statistics Frequency of Collection: Annually Indicator: Dropout Rates Definition: Total number of students who have dropped out of high school divided by the net total number of students, by race, LEP and income. Source: OSPI Graduation and Dropout Statistics Frequency of Collection: Annually Indicator: Discipline Rates Definition: Percent of total discipline actions, which include: short term suspension, long-term suspension, or expulsions. Source: OSPI State Level Discipline data Frequency of Collection: Annually Indicator: Direct Enrollment Definition: Direct enrollment into a two or four-year college after high school graduation. Source: BERC Group - http://www.collegetracking.com/ Frequency of Collection: Annually Jobs and Job Training Return to Chapter Indicator: Wage Gap Definition: Comparison between poverty level, current minimum wage, and living wage. Source: Communities Count analysis of Job Gap Study, 2010, Alliance for a Just Society; The King County Workforce Development Council produces Self-Sufficiency Standard (SSS). Frequency of Collection: Annually; SSS produced every three years Indicator: Unemployment Definition: Percent of civilian population age 16 and over without a job, were available to start a job and actively looking for work during the last four weeks. Source: American Community Survey Frequency of Collection: Annually Indicator: Poverty Rate Definition: Percent of people living under 100% of the Federal Poverty Level. Source: American Community Survey 164| King County Determinants of Equity Baseline Project FrequencyofCollection:Annually Indicator: Median Household income Definition: Household income includes income of the head of household as well as all other household members over 15 years old. The median household income divides the income distribution into two equal groups with half of all households above this number and half below. Source: American Community Survey Frequency of Collection: Annually Health and Human Services Return to Chapter Indicator: Unmet Medical Need Definition: The number of adults who have outstanding medical issues and report not seeking medical care because of cost. Source: BRFSS Survey. Analysis conducted by PHSK Frequency of Collection: Annually Indicator: Uninsured Adults Definition: Number of adults 18 and over with no health insurance. Source: American Community Survey. Analysis conducted by PHSK. Frequency of Collection: Annually Indicator: Uninsured Children Definition: The number of children age 0-17 with no health insurance. Source: American Community Survey. Analysis conducted by PHSK. Frequency of Collection: Annually Indicator: Life Expectancy Definition: Number of years a person can expect to live if the current death rates stay the same for his/her life. Source: Washington State Department of Health, Center for Health Statistics. Analysis conducted by PHSK. Frequency of Collection: Annually Indicator: Infant Mortality Definition: Children born that die within the first year of life. Source: Washington State Department of Health, Center for Health Statistics. Analysis conducted by PHSK. Frequency of Collection: Annually Indicator: Obesity Definition: are you without shoe- 165| King County Determinants of Equity Baseline Project Source:BRFSS Survey& Healthy Youth Survey.Analysis conducted by PHSK Frequency of Collection: BRFSS data collected annually. For school-age youth, the HYS is asked every other year since 2002 and these questions are asked among public schools grades 8, 10, and 12 only. Indicator: Diabetes Definition: Adults that have been diagnosed for diabetes by a doctor. Source: BRFSS Survey. Analysis conducted by PHSK. Frequency of Collection: Annually Indicator: Tobacco Use Definition: Adult response to this BRFSS question Source: BRFSS Survey. Analysis conducted by PHSK. Frequency of Collection: Annually Indicator: Frequent Mental Distress Definition: Adults that report having 14 or more bad mental health days in the last month. Source: BRFSS Survey. Analysis conducted by PHSK. Frequency of Collection: Annually Food Systems Return to Chapter Indicator: Retail Food Environment Index (RFEI) Definition: Ratio of fast food restaurants and convenience stores divided by the number of supermarkets, small grocers and produce vendors. Source: Seattle & King County Public Health Frequency of Collection: One time measure. Replication is anticipated to cost $200 plus 200-300 hours of staff time. Indicator: Food Security Definition: The financial relationship between income and food. USDA defines low to very low food security as to the reduction in the quality and variety of diet all the way to multiple indications of disrupted eating patterns and reduced food intake within the last 12-months. Source: BRFSS Frequency of Collection: This is not a regular question on BRFSS Survey. It is unknown when this question is slated to be asked again. Indicator: Percent of Students with Free or Reduced-Price Meals Definition: The percept of students eligible for free and reduced priced meals by schools district. Source: OSPI Frequency of Collection: Annually Indicator: Participation in Food Assistance Program 166| King County Determinants of Equity Baseline Project Definition:The participation in WIC, EBT & food bank utilization. Source: Public Health-Seattle & King County and Washington State Department of Social & Health Services datasets. Frequency of Collection: Annually; Food Bank Visits Collected Quarterly Parks & Natural Resources Return to Chapter Indicator: Resident Satisfaction with Parks Definition: Percent of King County survey respondents that rated they were satisfied or very satisfied with regional parks and trails. Source: King County Resident Survey Frequency of Collection: Approximately every three years Indicator: Open Green Space Definition: Less developed parks, greenbelts, open space, undeveloped areas, natural areas, ecological land, and developed parks that are within King County. Source: King County GIS Center Frequency of Collection: Although the data behind this map is updated regularly, this particularly depiction was created for a one time analysis. Indicator: Distribution of Regional Trails Definition: Proximity of regional trails by ESJ score. Source: King County DNRP Frequency of Collection: Unknown Indicator: Park Accessibility Definition: Travel distance to park. Source: King County DNRP Frequency of Collection: Unknown Indicator: Distribution of Playgrounds Definition: Distribution of playgrounds by median household income. Source: U.S. Census tracts analyzed by Futurewise Frequency of Collection: Replication of measure not anticipated Healthy Built & Natural Environment Return to Chapter Indicator: Land Use Mix Index Definition: Land distribution by looking at the square footage of: single and multi-family residential, retail, office, civic & education, and entertainment. 167| King County Determinants of Equity Baseline Project Source:Lawrence Frank & Company, Inc. 2008. Frequency of Collection: One time analysis, replication not anticipated. Indicator: Vegetation Distribution Definition: Normalized difference vegetation index (NDVI). Source: King County DNRP Frequency of Collection: Unknown Indicator: Pollution by Region Definition: Air release of all reportable toxic chemicals & carcinogenic chemicals by region. Source: U.S. Environmental Protection Agency (EPA) Toxic Release Inventory (TRI). Frequency of Collection: Annually Transportation Return to Chapter Indicator: Metro Rider Satisfaction with Safety Definition: and secure environment and of safety improvements within the last year. Source: 2013 King County Metro Rider/Non-Rider Survey Frequency of Collection: Annually Indicator: Reliance on Metro Transit Definition: Percent of people who use metro transit for most or all transportation needs. Source: 2011 King County Metro Rider/Non-Rider Survey; 2013 King County Metro Title VI Program Report Frequency of Collection: Annually; Triennially Indicator: Metro Transit Passenger Crowding & Schedule Reliability Definition: Percent of estimated service needed to reduce passenger crowding, improve schedule reliability and meet target service levels on minority or low-income routes. Source: 2013 King County Metro Transit Title VI Program Report Frequency of Collection: Triennially Indicator: Proximity to Metro Transit: Population within a quarter mile of a transit stop or a two mile drive to a park-and- ride Definition: Percent of housing units per census tract that are located within a quarter mile of a transit stop or a two mile drive to a park-and-ride. Source: 2013 King County Metro Transit Strategic Plan Frequency of Collection: Annually Indicator: Metro Transit On-Time Performance Definition: A bus is considered to be on time if it is arrives between 1 minute early and 5 minutes late. 168| King County Determinants of Equity Baseline Project Source:2013 King County Metro Transit Title VI Program Report Frequency of Collection: Triennially Indicator: Metro Transit Reduced Fare Utilization Definition: King County provides reduced fares for disabled, senior or youth cardholder. These trips can be measured by ORCA card use. Source: 2013 King County Metro Transit Strategic Plan Frequency of Collection: Annually Indicator: Transportation Cost Burden Definition: The calculation for cost burden is: (auto ownership costs + auto use costs + public transit costs)/ representative income. Source: Frequency of Collection: Economic census data collected every five years. Community and Economic Development Return to Chapter Indicator: Home Ownership Rates Definition: The percent of people in King County that own a home by race/ethnicity. Source: American Community Survey Frequency of Collection: Annually Indicator: Foreclosure Risk Score Definition: Composite score comprised of risk factors that include: subprime lending, mortgage delinquencies, foreclosures and vacancies. Source: U.S. Census data analyzed by Foreclosure-Response.org Frequency of Collection: Census economic data, every five years; Census housing data, every ten years. Indicator: Change in Residential Assessed Value Definition: Percent change of residential assessed value of homes by neighborhood. Source: King County Office of Economic and Financial Analysis Frequency of Collection: One-time OEFA analysis that is likely feasible to replicate. Indicator: People of Color Owned Businesses Definition: Percent of minority owned businesses. Source: U.S. Census Survey of Business Owners Frequency of Collection: Data is collected every five years during years that end in two and seven Neighborhoods Return to Chapter 169| King County Determinants of Equity Baseline Project Indicator: Residential Mobility Definition: Percent of households that have moved residence within the last year. Source: American Community Survey Frequency of Collection: Annually Indicator: Social Support Definition: A measure of the physical and emotional comfort and practical resources received from family, friends, co- workers and others. For more information on the questions related to this measure see Communities Count. Source: Communities Count Residential Survey th Frequency of Collection: Every three years (this survey is dependent on funding and as such sometimes occurs every 4 year) Indicator: Neighborhood Social Cohesion Definition: A measure of mutual trust among neighbors and informal social control for example, the likelihood that a neighbor would intervene if children were skipping school or spray-painting graffiti. For more information on the questions related to this measure see Communities Count. Source: Communities Count Residential Survey th Frequency of Collection: Every three years (this survey is dependent on funding and as such sometimes occurs every 4 year) Indicator: Quality of Life in King County Definition: Likert scale rating of resident satisfaction with quality of life in King County. Source: King County Residential Survey Frequency of Collection: Survey administered every 3 years. Housing Return to Chapter Indicator: Poor Housing Conditions Definition: Households with two or more of the following conditions: housing cost greater than 30% of income, more than one person per room in the house, no working kitchen, no working bathroom. Source: American Community Survey dataset analyzed by King County Public Health and Human Services Transformation Plan Frequency of Collection: Annually Indicator: Cost Burdened Households by Race/Ethnicity Definition: Renters and mortgage-holders that pay more than 30% of income for housing by race/ethnicity. Source: American Community Survey Frequency of Collection: Annually Indicator: Weighted Road Density values in urban King County 170| King County Determinants of Equity Baseline Project Definition:Weighted Road Density is a measure of traffic density values estimated based on distance to the eightmajor road classes defined by the Washington State Department of Transportation. Distance values are weighted based on the typical traffic volumes on each class of road within urban King County by select geographic area. Source: Schulte. J (2012). Traffic density, census demographics and environmental equity in housing: A geographic analysis in urban King County. Report prepared for King County. Frequency of Collection: One-time report, no known intent to replicate Indicator: Homelessness Definition: Sleeping without shelter over the past 12-months. Source: Safe Harbors Annual Homeless Assessment Report Frequency of Collection: Annually Community & Public Safety Return to Chapter Indicator: Perceived Neighborhood Safety Definition: Measure reflects how often within the last 12-months people experienced feeling worried about the following threats to safety: Their own physical safety in their neighborhood Their physical safety at home Being robbed or having their house broken into Source: Communities Count Community Survey Frequency of Collection: Roughly every three years as survey is contingent on funding. Survey conducted 2004/2007/2011, next survey anticipated in 2015. Indicator: Actual Safety Definition: FBI Index Crime Rate, expressed as number of crimes per 100,000 persons, tracks serious crime in the U.S. The Index includes four major violent crimes (homicide, rape, robbery, and aggravated assault) and four major property crimes (burglary, larceny/theft, motor vehicle theft, and arson). Source: Communities Count analysis retrieved from Washington State Uniform Crime Report which is consistent with FBI Uniform Crime Reporting. Frequency of Collection: Annually Law & Justice Return to Chapter Indicator: Incarceration Rate 171| King County Determinants of Equity Baseline Project Definition:Adult incarceration rate per 100,000. Data captures adults booked into King County Jail System, includes Department of Correction violators, but not including persons booked in municipal jail. Source: King County Department of Adult and Juvenile Detention Frequency of Collection: Annually Indicator: Juvenile Justice Population Change by Decision Point Definition: Based on the relative rate index that is intended to show equity level at each of the decision points in the Juvenile Justice System. Source: King County Juvenile Information System Frequency of Collection: Annually 172| King County Determinants of Equity Baseline Project Return to Table of Contents Appendix B: Measures Considered, But Not Selected Below is a list of discarded indicators along with rationale. The purpose of this is to show the breadth of analysis and to allow future decision makers and analyst to see what points have been considered to date. Determinant Indicator Rationale Early Childhood Percent of staff newly Measure voted down by steering committee, noting that staff Development hired (proxy for turnover does not indicate that a staff/student relationship was not turnover) nurturing. Percent of facilities Measure voted down by steering committee. This indicator does not serving children with measure affordable childcare at the highest level. subsidy Percent of children Measure voted down by steering committee. This indicator does not enrolled in Head Start & measure affordable childcare at the highest level. ECEAP Education Dual Enrollment Direct Enrollment was determined to be the strongest indicator related to career potential. Direct Enrollment information was also found to be readily available whereas this data would require more development. This data can be found on . Definitions about each category of dual enrollment can be found here. It is noteworthy that we learned through conversations with the Road Map Project Tech Prep is a program that is being phased out and not expected to be measureable over time. Percent of teachers with Measure voted down by steering committee. This indicator is not as robust when compared to other measures for high quality education. Percent of teachers Measure voted down by steering committee. Data for this indicator is specializing in teaching not readily accessible. English language Jobs & Job Training N/A N/A Health & Human Percent of adults This measure deemed to not be representative of high quality medical Services receiving recommended care. clinical preventive services by income. Proximity to public Geographic access deemed not to be the highest level indicating health facilities. access to HHS, particularly because the majority of HHS does not necessarily occur in public health facilities. Percent of adults who Steering committee voted to not use this indicator because it is not did not see a dentist in the highest level measure for affordable HHS. the past year CLAS Standard CLAS standard training for medical professionals does not necessarily indicate culturally appropriate medical care is delivered. Low birth weight Low birth weight in developed countries can be attributed to caesareans and therefore is deemed to not be an accurate measure of - 173| King County Determinants of Equity Baseline Project Late or no prenatal care optimal well- Activity Limitation Steering committee voted to not use this indicator because it is not - Food System Target percent of local No consensus reached by steering committee for measuring local food food production production. King County Kitchen Cabinet is working to define measure in this category. Target Percent of local No consensus reached by steering committee for measuring local food food purchases to production. King County Kitchen Cabinet is working to define measure sustain demand for food in this category. production Utilization of Steering committee agreed this was not the highest level measure for community gardens understanding local food production. Farm worker Steering committee did not reach consensus on this measure, noting health/treatment that this determinant is focusing more on production that the individual farmers. Distribution of famers Steering committee agreed this was not the highest level measure for markets & grocery understanding food accessibility. stores Food Deserts Steering committee agreed this was not the highest level measure for understanding food accessibility. REFI is a more robust measure for this category. Perception of food Information on this measure is not readily available. affordability Amount of EBT benefits Data collection for this measure does not extend past Seattle at this used at farmers markets time. Parks & Natural Perception of King Data collected by King County Parks Customer Satisfaction Survey. The Resources County parks and trails data raised measure validity concerns because respondents are not reflective of ESJ ordinance population. Resident satisfaction Data collected by King County Parks Customer Satisfaction Survey. The with cleanliness of King data raised measure validity concerns because respondents are not County parks and trails. reflective of ESJ ordinance population. Customer satisfaction Data collected by King County Parks Customer Satisfaction Survey. The with facilities and data raised measure validity concerns because respondents are not features of King County reflective of ESJ ordinance population. parks and trails. Distribution of Concerns with measure validity arose as community center locations community centers are only as accurate as city reporting. Healthy Built & Natural Air quality index (PM This measure not selected because the aggregate count does not Environment 2.5) necessarily provide information to advancing understanding of community conditions and transportation challenges faced by ESJ ordinance populations. Greenhouse gas This measure not selected because the aggregate count does not emissions necessarily provide information to advancing understanding of community conditions and transportation challenges faced by ESJ ordinance populations. Marine water quality This measure not selected because the aggregate count does not necessarily provide information to advancing understanding of community conditions and transportation challenges faced by ESJ 174| King County Determinants of Equity Baseline Project ordinance populations. Fresh water quality This measure not selected because the aggregate count does not necessarily provide information to advancing understanding of community conditions and transportation challenges faced by ESJ ordinance populations. Water quality audit by This measure not selected because the aggregate count does not income necessarily provide information to advancing understanding of community conditions and transportation challenges faced by ESJ ordinance populations. Sediment quality This measure not selected because the aggregate count does not necessarily provide information to advancing understanding of community conditions and transportation challenges faced by ESJ ordinance populations. Proximity to hazardous Steering committee agreed this was not the highest level measure for waste/superfund sites understanding exposure to toxins. by race & income Wastemobile sites by Steering committee agreed this was not the highest level measure for demographic understanding exposure to toxins. Transfer station sties by Steering committee agreed this was not the highest level measure for demographic understanding exposure to toxins. Wastewater facilities by Steering committee agreed this was not the highest level measure for demographic understanding exposure to toxins. Transportation Rider/Operator Assaults This measure not selected because aggregate number could not be broken down by demographic or geographic location, providing no specific insight into ESJ ordinance populations. Number of jobs within a This indicator not selected because there is no information about the quarter-mile walk of a types of jobs accessible within this standard. transit stop or a two mile drive to a park-and- ride Commute mode This measure not selected because the aggregate count does not walking, biking, necessarily provide information to advancing understanding of carpooling, driving community conditions and transportation challenges faced by ESJ ordinance populations. Traffic fatalities by This measure not selected because the aggregate count does not commute mode necessarily provide information to advancing understanding of community conditions and transportation challenges faced by ESJ ordinance populations. Road density & bike Information for this measure not readily available/accessible. lanes Road density & sidewalk Information for this measure not readily available/accessible. availability Average commute time This measure not selected because the aggregate count does not (WSDOT report) necessarily provide information to advancing understanding of community conditions and transportation challenges faced by ESJ ordinance populations. Distribution of bike Information for this measure not readily available/accessible outside lanes of the City of Seattle. Functionality of regional Although this may be useful measure in the future, information for 175| King County Determinants of Equity Baseline Project trails this measure not readily accessible. Community Economic Affordability Index Steering committee agreed this was not the highest level measure for Development understanding local ownership. Absentee landlords Steering committee agreed this was not the highest level measure for understanding area retention. Home loan denial rates Information not readily accessible/available by race Business closure This measure not selected as measure for business retention because the aggregate count does not necessarily provide information to advancing understanding of community conditions and transportation challenges faced by ESJ ordinance populations. Home equity Steering committee agreed this was not the highest level measure for understanding local ownership. Debt/income ratio Steering committee agreed this was not the highest level measure for understanding local ownership/fair access. Neighborhoods Participation in Steering committee agreed this was not the highest level measure for community understanding neighborhood cohesion. organizations Race, ethnic, gender Steering committee agreed this was not the highest level measure for make-up of advisory understanding neighborhood cohesion. boards & commissions compared to population at large Distribution of libraries Steering committee agreed this was not the highest level measure for understanding quality of life. Percent of residents Steering committee agreed this was not the highest level measure for living within one mile of understanding quality of life. community venue HousingNumber of Affordable Does not categorize community-level housing conditions but is rather Housing Units operated a look at the County efforts to impact housing. by King County/Partnerships Distribution of Owners This measure may provide insight into trends about increasing or & Renters decreasing homeownership trend but does not include a dimension that helps understand the role of affordability. Rental Vacancy Rate Steering committee agreed this was not the highest level measure for understanding affordable housing. Crowded Housing as Crowding is a component of the composite Poor Housing Conditions percent of total measure. Poor Housing Conditions was chosen as it provides a households multidimensional way to look a healthy housing. Proximity to Alcohol, No measure identified tobacco & fast food outlets mapped on the consolidated demographics Proximity to ports, rail No measure identified. Weighted Road Density values was more yards, freeways or other readily available and thus was selected as a way to measure exposure toxic waste sites to pollution. 176| King County Determinants of Equity Baseline Project Housing Discrimination Too few cases reported Complaints ADA Compliance No measure identified Community & Public EMS response time by Steering committee agreed this was not the highest level measure for Safety neighborhood capturing responsive community services. 911 response time Data not readily accessible. Law & Justice Arrest rate at point of Data not readily accessible because arrest data is not typically contact/community of collected/reported in this manner. origin Public defender Data not readily accessible in disaggregated format by race/ethnicity. caseload Average length of jail This measure not selected as measure fair treatment because the stay aggregate count does not necessarily provide information to advancing understanding of community conditions and transportation challenges faced by ESJ ordinance populations. Having this data disaggregated by race/ethnicity would make this a robust measure. Release Planning: Data not readily accessible. Number of adults who are released with/without release planning consultation Post-release Data not readily accessible. There is also consideration of whether this employment measure belongs in the law and justice domain. 177| King County Determinants of Equity Baseline Project Return to Table of Contents Appendix C: Recommended Ordinance Language Revisions Below is a consolidated list of recommended ordinance language revisions. This list is a compilation of the recommendations proposed throughout this report. Early Childhood Development: The early childhood development determinant does not include a component for culturally competent or culturally responsive education. Any revisions to ordinance language ought to include adding culturally responsive education. No data that correspond with culturally competent early childhood education were identified at this stage of research. Further research is needed in this area to identify appropriate measures for culturally competent/culturally responsive early childhood education. Education: This determinant is interpreted as emphasizing K-12 education and not specifically accounting for adult learners. Either explicitly limiting this determinant to K-12 or expanding the definition to include adult learners would be helpful in defining the scope of this determinant. Accounting for adult learners who return to a traditional four year university or community and technical college to achieve a degree or change career paths could make this measure more representative of the education system as a whole. Jobs & Jobs Training The determinant definition does not explicitly account for adult learners who return to a traditional four year university or community and technical college to achieve a degree or change career paths. Explicitly expanding the definition beyond job training to include adults returning to school or changing careers will better capture the intent of this determinant. Health & Human Services The language in this determinant is interpreted as having a primary focus on medical care. The language does not include other known contributing factors to health, such as environmental factors and behavioral health. Food Systems One challenge with the language describing food systems is that measuring culturally appropriate food is nearly impossible without implementing an ethnographic effort in King County. This determinant definition may benefit from a revision of either eliminating this language or being more specific on what is meant by culturally appropriate food. Parks & Natural Resources: This determinant seems primarily directed toward parks and recreation, making it difficult to capture measurement for natural resources which speaks more to biodiversity and environments undisturbed by humans. If revision of language is considered, it is recommended that natural resources be paired with natural environment. This pairing with allow for more focused analysis of ESJ considerations and environmental justice. Healthy Built & Natural Environment Built environment and natural environment are two very large and distinct bodies of work. In fact, many equity reports separate these into two stand-alone categories. The inclusion of both built and natural environment makes it very difficult 178| King County Determinants of Equity Baseline Project to accurately capture the ESJ landscape for this determinant. Additionally, standard measures for air, water and sediment qualityare captured at the aggregate and do not often capture ESJ populations in analysis. Air, water and sediment quality are closely monitored at the aggregated level for the entire county by the Federal Government. If a revision of language is proposed for this determinant. Water, air and soil & sediment ought to be considered for removal since they are closely monitored for the entire county. Additionally, making built environment a stand-alone category will help capture this measure more accurately. Finally pairing natural environment and natural resources will likely allow for more focused analysis of ESJ considerations and environmental justice. Transportation Measuring overall transportation throughout King County is a huge task. Although the language does reference other modes of transportation, this determinant is interpreted as being primarily directed at capturing equity in public transportation. In addition, a number of the goals established in the definition overlap, making the scope of measurement difficult to define. Words like efficient, convenient and reliable overlap making it difficult to align a specific measure for each. For example, reliable service is efficient and convenient. Similarly, service that is convenient is both efficient and reliable. If revision of this determinant is considered, the research team recommends removing one or more of these closely linked descriptive words from the definition, or more clearly defining each. Community & Economic Development: None noted at this time. Neighborhoods The neighborhoods determinant does not include a component for civic vitality. Throughout this research project civic vitality was identified as a key component of equity that other regions are measuring and is thus included in this report despite this language being entirely absent from ordinance 16948. It is recommended that the be updated to include this key attribute of democracy. Housing The housing determinant broad definition provides significant challenge in locating appropriate measure for each descriptor. Direct measures for safe, quality, healthy and accessible housing are not uniform across providers causing this report to choose several proxy measures to understand these descriptors. Reconsidering a language revision that matches national housing standards may allow for more uniform measurement in this area. Community & Public Safety Community and public safety is a subset of the Law and Justice System and neighborhoods. This determinant might better serve as being diffused into those two determinant categories. As is, the determinant language is a catch-all and will benefit from having a more specific definition to clarify scope. Finally, measures for emergency response services (i.e. fire, police, EMS) and code enforcement are accounted for on a more aggregate level, not incorporating an explicit ESJ lens. Law & Justice If language revisions are considered for this determinant, it is recommended that a more specific definition be given to define the scope of what is meant by law and justice. The parameters of equitable access and fair treatment are very broad classifications making it difficult to fully ascertain the status of any particular function of the law and justice system. Given more time, an analysis of system entry to exit would be in order to fully understand this determinant. 179| King County Determinants of Equity Baseline Project Return to Table of Contents Appendix D: Interviews Below is a complete list of interviewees that participated in this project. Names in bold indicate participation in steering committee. Starred names indicate those who were not involved in the initial interviews but played a key role in the drafting phase of this report. Internal Interviews: Sean Power Functional Analyst Public Health Seattle & King County Laurie Sylla Project/Program Manager Marguerite Ro - Chief of APDE Unit IV Eva Wong Epidemiologist APDE Unit Department of Natural Resources & Parks Kirsten Wysen Plan Project Manager Richard Gelb Performance Management Lead Louise Carter Research Scientist APDE Office of Performance, Strategy & Budget Unit Michael Jacobson Deputy Director Matias Valenzuela ESJ Manager Department of Executive Services Cristina Gonzalez Senior Business & Management Analyst Paula Harris-White - Manager, DES ESJ Programs Claudia Balducci Justice System Office of Civil Rights & Open Government Manager Kelli Williamson - Director Chandler Felt Demographer Department of Transportation (Metro) Steve Stamper Performance & Strategy Chuck Sawyer Supervisor* Analyst Stephen Hunt Transportation Planner Van Badzik Senior Strategy & III Performance Analyst Lori Mimms Project/Program Paula Ding Senior Strategy & Manager* Performance Analyst Juvenile Court Arun Sambataro Project Manager Teddi Edington External Interviews: Elizabeth Haumann* Road Map Project Office of Economic Forecasting & Analysis Alessandra Pollock Data Analyst Dave Reich Senior Economist Andrew Sahalie Senior Data manager Tony Cacallori Economist Seattle King County Workforces Development Department of Elections Council Jacqueline Blackwell ESJ Program Marlena Sessions Chief Executive Manager Officer Julie Wise Voter Services Program Child Care Resources Manager Phoebe Anderson Chief Program Department of Judicial Administration Officer Barbara Miner Director & Superior Court Clerk Teresa Bailey Deputy Director Department of Community & Health Services Martine Kaiser - Project/Program Manager III 180| King County Determinants of Equity Baseline Project Return to Table of Contents Appendix E: Peer Jurisdictions & Practitioner Research Below is a list of government and practitioner equity measurement projects that contributed to the development and thinking around this report. Regional Equity Atlas 2.0 is part of the Coalition for a Livable Future. The atlas maps the Portland Metro area showing the Determinants of Equity and therefore is an example of where the County could go with a based mapping service. https://clfuture.org/equity-atlas Regional Planning Association (RPA) operates in the New York-New Jersey-Connecticut metropolitan regions and has been planning for future growth in the area since 1922. RPA is a resource that provides a good example of interactive opportunity mapping, highlighting for example how many jobs are available within a 30 minute bus ride. The interactive map also gives an example of how many jobs are available in a given region by degree held. This type of mapping provides a good example of the intersection between transportation and areas of opportunity. http://www.rpa.org/ Multnomah County in Oregon is a Pacific Northwest e equity movement is more mature than King County and provides good examples an equity lens, logic model and training material for advancing the work. https://multco.us/diversity-equity/equity-and-empowerment-lens Puget Sound Regional Council (PSRC) is a local organization that brings a wealth of knowledge to understanding growth management, transportation and economic development in Western Washington. PSRC has an Equity Network Steering Committee made up of individuals across the Western Washington in both government and non-government organizations. The organization conducts community outreach and is overall a very important resource for keeping pace with development in the region. http://www.psrc.org/ The Quality of Life Project is a performance measures report from New Zealand published every five years with the intent to provide information to decision-makers to improve the quality of life in major New Zealand areas. http://www.qualityoflifeproject.govt.nz/index.htm Race to Equity: A Baseline Report on the State of Racial Disparities in Dane County. This report provides an example of how Dane County Wisconsin approached their baseline efforts. http://racetoequity.net/dev/wp-content/uploads/WCCF-R2E-Report.pdf The Opportunity Index, sponsored by Measure of America and Opportunity Nation, provides insight into opportunity at the state and county level. This index provides a way to compare conditions across regions and nationally as well. http://opportunityindex.org/methods-sources/ 181| King County Determinants of Equity Baseline Project The Health Equity Alliance focuses on the correlation between social determinants and health outcomes in Connecticut Towns. The website includes information at the Census tract level and examines the Social Determinants of Health and Health Outcomes. The website is intended to promote multi-sector collaboration and decision making for improved health outcomes. https://www.sdoh.org/ The Metro Boston Indicators Project is sponsored by the Metropolitan Area Planning Council and as part MetroFuture, the 30 year regional plan for the Boston Metro Region. The project is foundation funded and establishes a baseline for the equity related measures in Economy, Education, Environment, Housing, Public Health, Public Safety and Transportation, the site also tracks population demographics. http://regionalindicators.org/equity/housing/foreclosure-rates/ The Bell Policy Center Gateways to Opportunity provide a means to understand equity from birth to end of life in Colorado through focusing on 9 critical gateways to opportunity and equity. Each gateway is associated with key indicators and progress on these indicators is updated in regular equity reports. The gateways are similar to the determinants of equity and the structure of their reporting may provide insight into how to build future equity reports. http://bellpolicy.org/content/gateways-opportunity Sustainable Communities Index emerged from a project initiated by the San Francisco Department of Public Health in response to the intense period of development that occurred in San Francisco between mid- project sought to address issues with infrastructure, zoning, public safety, environmental impacts and affordable housing. Out the project emerged the Healthy Development Measurement Tool. The organization provides several community facing measures for developing equity in cities. http://www.sustainablecommunitiesindex.org/indicators/ Corporation for Enterprise Development (CFED) is a nonpartisan policy organization that works to create economic opportunity. CFED provides has developed and assets and opportunity scorecard by state that provides information on economic development, housing, health care and education. http://scorecard.assetsandopportunity.org/2014/state/wa Everyone is welcome is a public-private initiative that empowers people financially by providing financial training and helping people access and use mainstream financial services such as checking/savings accounts. http://www.everyoneiswelcome.org/ National Results & Equity Collaborative (NREC) provides a library of tools and resources in use by practitioners across the country. This program uses Results-based Accountability strategic planning and management and provides a Results Scorecard tool as a common framework. Website: http://resultsandequity.org/tools-and-resources/ Robert Woods Johnson Foundation in collaboration with the University of Wisconsin Population Health Institute has created a program for County Health Rankings. This interactive tool provides a snapshot of how specific counties in America rank on health indicators in comparison to the entire state. This site uses standard measures which provide a good example of how other organizations define health outcomes. http://www.countyhealthrankings.org/measuring-progress/rankings-measures 182| King County Determinants of Equity Baseline Project Return to Table of Contents Appendix F: Guiding Questions for Interviews and Steering Committee Agency Interview Questions 1. When you think about all of the data your office collects, can you tell us where you see the largest disparities in outcome equity? What areas have the least disparities or greatest equity? 2. Over the next biennium, which determinants can your office have the greatest impact on? a. What methods (indicators/data collection) will you use to measure impact? 3. At the end of the day, how does your office define success in moving equity forward? 4. What are the barriers your office faces in promoting equity in service delivery? 5. What sort of demographic data does your office collect related to race/ethnicity, income status, and limited English proficiency (LEP)? a. Does your office collect information on translation services or translated materials? 6. Since our goal is to establish baseline measures, do you have recommendations on: a. The type of data your department collects that is related to the determinants of equity? (Preferably data that is available at the census tract level, collected annually and readily available.) b. Where we might find others (at the county, non-profit, or national scale) doing this type of work. c. Previously identified indicators that are widely accepted. d. Where to find the richest data Steering Committee Guiding Questions 1. Is this a valid way to measure this determinant? This topic? 2. Does this measure address this determinant at the highest level? 3. Is this measure community oriented and actionable by the county? 4. Does this indicator measure progress and capacity for change? 5. Is this measure derived from high quality data? If no, do you have suggestions for improvement? 6. 183| King County Determinants of Equity Baseline Project Return to Table of Contents Appendix G: List of Additional Measures to Pursue The list below highlights additional measures that that the research team identified but was unable to pursue due to time constraints. Measures highlighted in this list may help contribute to the understanding of the equity landscape across King County. Determinant Indicator Rationale Law and Justice Geographic area of origin of youth This can potentially provide filings helpful information on where youth who become involved in the Juvenile Justice System originate and therefore may prompt targeted youth interventions in specific geographies across the county. Public Defender Caseloads May provide insight into the level of attention public defenders are able to provide to clients. Number of first time offenders who May serve as a check-point for receive mandatory minimum understanding equity in sentence by race/ethnicity sentencing. Education Teacher Diversity There is quite a bit of data collection in the area of matching teacher demographics with that of the student demographics. This type of measure may provide insights into whether culturally appropriate education is being provided. Student Teacher Ratio Ratio of average number of students per certified teacher is currently collected by OSPI Static Data Files Staff Profiles on an annual basis. Health & Human Services Healthcare Effectiveness Data and This collection of measure is a Information Set (HEDIS) national standard and required for health plan accreditation. This indicator may be helpful in measuring high quality healthcare. 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