HomeMy WebLinkAbout03/22/2023 STUDY SESSION AGENDA PACKET
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CITY COUNCIL 345 6Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280
* ** A M E N D E D * * *
WEDNESDAY, MARCH 22, 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 at the Study Session is anticipated. If approved by the Council, these items will be placed on the
April 5, 2023
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:
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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.Amendment No. 1 to the Agreement with the Department of Ecology for the 20212023 Biennial
Stormwater Capacity Grant
2.Confirm Appointment of Charles Bates to the Civil Service Commission
3.Ordinance amending Chapter 2.50 of the BMC relating to the Fair Labor Standards Act (FLSA) and
WA State Minimum Wage Non-Exempt Employees
4.Goods and Services Agreement for the Purchase of Playground Equipment and Surfacing from
Landscape Structures, Inc. for the Kiwanis Park Playground Accessibility Upgrade Project
5.Amendment No. 7 to the Imperial Parking Services, LLC (IMPARK) Parking Enforcement and
Management Services Agreement
B.OTHER DEPARMENT BRIEFINGS
1.Human Resources
Manager Charlotte Nelson (Continued discussion from 2/22/2023 Study Session)
2.Discussion on a Funding Source for Public Safety Staffing Fire Chief Pat McGanney and Police
Chief Tom Wolfe (Continued discussion from 1/28/2023 Joint Planning Session and 2/22/2023
Study Session)
3.Proposed Ordinance to CreatePermanent Race Equity/DEI Commission City Attorney Kylie
Finnell (Continued discussion from 3/8/23 Study Session)
C.GENERAL COUNCIL BUSINESS
1.Public Works Committee Briefing (Last Meeting 3/21/2023)Vice Chair Eric Younger
2.Regional and Other Committee/Board Briefings
3.Auditor's Budget Content Considerations Memo (Continued discussion from the March 8, 2023
Study Session)
Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special
accommodations please contact the City Clerk at (360) 473-5323 at least 24 hours prior to the Meeting.
C. GENERAL COUNCIL BUSINESS
4.
Councill Member Anna Mockler (Continued discussion from
3/8/23 Study Session)
5. Update on $10,000 allocation for Downtown Restrooms Council President Jeff Coughlin
6. Other General Council Business
D. ADJOURNMENT OF STUDY SESSION
AGENDA BILL
CITY OF BREMERTON
A1
CITY COUNCIL
SUBJECT: Study Session Date: March 22, 2023
Amendment No. 1 to the Agreement with the COUNCIL MEETING Date: April 5, 2023
Department of Ecology for the 20212023
Department: PW&U
Biennial Stormwater Capacity Grant
Presenter: Chance Berthiaume
Phone: (360) 473-5929
SUMMARY:
Ecology is providing an additional $62,500 to the 2021-23 Stormwater Capacity grant and extending
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the grant end date to June 30, 2023. This is a no match grant that adds funds to the original
$70,000 for a total of $132,500 to assist with the implementation and management of the municipal
stormwater program.
ATTACHMENTS:
Ecology AGREEMENT NO. WQSWCAP-2123-BremPW-00183, 2021-23 Biennial Stormwater
Capacity Grant agreement amendment #1 between the Washington State Department of Ecology
and City of Bremerton.
FISCAL IMPACTS (Include Budgeted Amount):
This provides an additional $62,500 in funds to the original $70,000 no match grant to the
Stormwater Utility to assist with implementation of the NPDES Phase II Municipal Stormwater Permit
requirements and extends the grant to June 30, 2023.
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to accept the 2021-2023 Biennial Stormwater Capacity Grant Amendment #1 with the
Washington State Department of Ecology; 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
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AGENDA BILL
CITY OF BREMERTON
A2
CITY COUNCIL
SUBJECT: Confirm Appointment of Charles Study Session Date: March 22, 2023
Bates to the Civil Service Commission
COUNCIL MEETING Date: April 5, 2023
Department: Executive
Presenter: Mayor Wheeler
Phone: (360) 473-5266
SUMMARY: The Mayor is seeking confirmation for the appointment of Charles Bates to the Civil
Service Commission. The term expires April 4, 2026.
ATTACHMENTS: Office.
FISCAL IMPACTS (Include Budgeted Amount): None.
STUDY SESSION AGENDA: Limited Presentation Briefing/Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to confirm the appointment of Charles Bates to the Civil Service Commission for the term
expiring April 4, 2026.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
AGENDA BILL
CITY OF BREMERTON
A3
CITY COUNCIL
SUBJECT: Study Session Date: March 22, 2023
Ordinance amending Chapter 2.50 of the COUNCIL MEETING Date: April 5, 2023
BMC relating to the Fair Labor Standards
Department: Legal/HR
Act (FLSA) and WA State Minimum Wage
Presenter: Charlotte Nelson
Non-Exempt Employees
Phone: 360-473-5926
SUMMARY: Updating B.M.C. to set procedures for positions that are no longer eligible for FLSA
and/or Washington State Minimum Wage Act overtime exemption.
Deletion of Bremerton Municipal Code Section 2.50.040(d)(3) related to banked sick leave for certain
management and professional employees. The section no longer applies to any current or future
employees.
At this time the following positions have been determined to be ineligible for exemption from the
overtime provisions of the FLSA and the Washington State Minimum Wage Act Video Specialist,
Legal Assistant I, Legal Assistant II Prosecution, Legal Assistant II Civil, and Public Records/Legal
Assistant I.
ATTACHMENTS: Ordinance No. ______
FISCAL IMPACTS (Include Budgeted Amount):
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to pass Ordinance No. , amending Section 2.50 of the Bremerton Municipal Code
relating to positions designated as non-exempt from the overtime provisions under the Fair Labor
Standards Act (FLSA) and the Washington State Minimum Wage Act and the deletion of Section
2.50.040(d)(3) related to banked sick leave for certain managers and professional staff.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/09/2021
AGENDA BILL
CITY OF BREMERTON
A4
CITY COUNCIL
SUBJECT: Study Session Date: March 22, 2023
Goods and Services Agreement for the COUNCIL MEETING Date: April 5, 2023
Purchase of Playground Equipment and
Department: Parks & Recreation
Surfacing from Landscape Structures, Inc.
Presenter: Jeff Elevado
for the Kiwanis Park Playground Accessibility
Phone: (360) 473-5428
Upgrade Project
SUMMARY:
This project will replace the existing outdated wood play equipment and fall surfacing to enhance the
durability and accessibility of the Kiwanis Park playground. This upgrade is made possible through a
donation from the Kiwanis Club of Bremerton and a Department of Commerce Local and Community
Project no match grant presented to and approved by Council in November of 2022. The equipment and
surfacing pricing have been competitively solicited and publicly awarded through the Sourcewell
Cooperative Purchasing Agreement. Total Project Cost: $307,667.90, installation, freight and sales tax
included.
ATTACHMENTS: Goods & Services Agreement; 1) Landscape Structures, Inc. Quote #2208-11068-5;
2) Playground Design Drawings
FISCAL IMPACTS (Include Budgeted Amount): The equipment and surfacing cost ($307,667.90) is
funded through a $130,000 donation from the Kiwanis Club of Bremerton and a $160,050 grant from the
Department of Commerce Local and Community Project program. The remaining balance of
approximately $17,618 will be funded through the Parks Capital Construction Fund Balance and a
potential Bremerton Parks Foundation grant.
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to approve the Goods and Services Agreement for the purchase and installation of playground
equipment and fall surfacing from Landscape Structures, Inc. in the amount of $307,667.90, sales tax
included, 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
GOODS AND SERVICES AGREEMENT
THIS AGREEMENT, is entered into between the City of Bremerton, a Washington
Municipal Corporation ("City"), and Landscape Structures, Inc. ("Vendor"), whose mailing
th
address is: 601-7 Street South, Delano, MN 55328-0198.
The parties agree as follows:
I. VENDOR SERVICES. The Vendor shall provide the following goods and materials and
perform the following services for the City:
Playground equipment and surfacing
Layout, mark and dig all holes required for installation of play equipment
Supply, install and compact gravel base and install playground grass per
ons
Supervise play equipment installation and assembly during the Community Build
as identified in quotation #2208-11068-5, attached hereto as Attachment A, which is
incorporated herein.
II. TIME OF COMPLETION. Vendor shall complete the work and provide all goods,
materials and services within 90 calendar days from the date all parties have signed this
Agreement.
III. COMPENSATION. The City shall pay the Vendor the total amount of $307,667.90,
including applicable Washington State Sales Tax, for the goods, materials and services
contemplated in this Agreement. The City shall pay the Vendor the following amounts according
to the following schedule:
A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor shall provide
the City a performance bond for the full contract amount to be in effect until thirty (30)
days after the date of final acceptance, or until receipt of all necessary releases from the
State Department of Revenue and the State Department of Labor and Industries and until
settlement of any liens filed under Chapter 60.28 RCW, whichever is later.
B. Defective or Unauthorized Work. The City reserves its right to withhold payment
from Vendor for any defective or unauthorized goods, materials or services. If Vendor is
unable, for any reason, to complete any part of this Agreement, the City may obtain the
goods, materials or services on its own or from a third party, and Vendor shall be liable to
the City for any additional costs incurred by the City. "Additional costs" shall mean all
reasonable costs, including legal costs and attorney fees, incurred by the City beyond the
maximum Agreement price specified above. The City further reserves its right to deduct
the cost to complete this Agreement, including any Additional Costs, from any and all
amounts due or to become due the Vendor.
Page 1 of 9
Goods and Services Agreement
(between City of Bremerton and Landscape Structures, Inc.)
C. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT
(EXCLUDING WITHHELD RETAINAGE) SHALL PRECLUDE ALL CLAIMS,
EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY
CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT
IS MADE.
IV. INDEPENDENT CONTRACTOR. Vendor is and shall be at all times acting as an
independent contractor and not as an employee of the City. The Vendor shall secure at its expense,
and shall be responsible for all payments of income tax, social security, state disability insurance
compensation, unemployment compensation, and all other payroll deductions for the Vendor,
officer, agents, employees and subcontractors. The Vendor shall also secure all applicable
business licenses, if required, in connection with the contract services, including all required
licenses for Vendor's officers, agents, employees and subcontractors.
V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause"
shall include, without limitation, any one or more of the following events:
A. The Vendor's refusal or failure to supply a sufficient number of properly skilled
workers or proper materials for completion of this Agreement.
B. The Vendor's failure to complete this Agreement within the time specified in this
Agreement.
C. The Vendor's failure to make full and prompt payment to subcontractors or for
material or labor.
D. The Vendor's failure to comply with federal, state or local laws, rules or regulations.
E. The Vendor's filing for bankruptcy or becoming adjudged bankrupt.
If the City terminates this Agreement for good cause, the Vendor shall not receive any
further monies due under this Agreement until the goods, materials, and services required by this
Agreement are completed and fully performed .
VI. PREVAILING WAGES. Vendor
Contract work. Vendor shall pay prevailing wages and comply with Chapter 39.12 of the Revised
Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest
prevailing wage rate revision issued by the Department of Labor and Industries is attached.
VII. CHANGES. The City may issue a written change order for any change in the goods,
materials or services to be provided during the performance of this Agreement. If the Vendor
determines, for any reason, that a change order is necessary, Vendor must submit a written change
order request to an authorized agent of the City within fourteen (14) calendar days of the date
Vendor knew or should have known of the facts and events giving rise to the requested change. If
Page 2 of 9
Goods and Services Agreement
(between City of Bremerton and Landscape Structures, Inc.)
the City determines that the change increases or decreases the Vendor's costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to
reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable
to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor
shall proceed with the change order work upon receiving either a written change order from the
City or an oral order from the City before actually receiving the written change order. If the Vendor
fails to require a change order within the time allowed, the Vendor waives its right to make any
claim or submit subsequent change order requests for that portion of the contract work. If the
Vendor disagrees with the equitable adjustment the Vendor must complete the change order work;
however, the Vendor may elect to protest the adjustment as provided below:
A. Procedure and Protest by the Vendor. If the Vendor disagrees with anything
required by a change order, another written order, or an oral order from the City, including any
direction, instruction, interpretation, or determination by the City, the Vendor shall:
1. Immediately give a signed written notice of protest to the City;
2. Supplement the written protest within fourteen (14) calendar days with a
written statement that provides the following information:
a. The date of the Vendor's protest.
b. The nature and circumstances that caused the protest.
c. The provisions in this Agreement that support the protest.
d. The estimated dollar cost, if any, of the protested work and how that
estimate was determined.
e. An analysis of the progress schedule showing the schedule change
or disruption if the Vendor is asserting a schedule change or disruption.
3. The Vendor shall keep complete records of extra costs and time incurred as
a result of the protested work. The City shall have access to any of the Vendor's records needed
for evaluating the protest.
The City will evaluate all protests, provided the procedures in this section
are followed. If the City determines that a protest is valid, the City will adjust payment for work
or time by an equitable adjustment. No adjustment will be made for an invalid protest.
B. Vendor's Duty to Complete Protested Work. In spite of any protest, the Vendor
shall proceed promptly to provide the goods, materials and services required by the City under this
Agreement.
C. Vendor's Acceptance of Changes. The Vendor accepts all requirements of a change
order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this
section provides. A change order that is accepted by Vendor as provided in this section shall
constitute full payment and final settlement of all claims for contract time and for direct, indirect
and consequential costs, including costs of delays related to any work, either covered or affected
by the change.
Page 3 of 9
Goods and Services Agreement
(between City of Bremerton and Landscape Structures, Inc.)
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,
the Vendor also waives any additional entitlement and accepts from the City any written or oral
order (including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the
procedures of this section, the Vendor completely waives any claims for protested work and
accepts from the City any written or oral order (including directions, instructions, interpretations,
and determination).
VIII. CLAIMS. The Vendor shall give written notice to the City of all claims other than change
orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims.
Any claim for damages, additional payment for any reason, or extension of time, whether under
this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor
unless a timely written claim is made in strict accordance with the applicable provisions of this
Agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in
detail in writing and received by the City within seven (7) calendar days from the date Vendor
knew, or should have known, of the facts giving rise to the claim. At a minimum, a Vendor's
written claim must include the information set forth regarding protests in Section VI(A)(2)(a)-(e).
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS
ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM
OR CAUSED BY THAT DELAY.
Vendor must, in any event, file any claim or bring any suit arising from or connected with
this Agreement within 120 calendar days from the date the contract work is complete.
IX. WARRANTY. The Vendor shall correct all defects in workmanship and materials within
one year from the date of the City's acceptance of the contract work. When defects are corrected,
the warranty for that portion of the work shall extend for one year from the date such correction is
completed and accepted by the City. The Vendor shall begin to correct any defects within seven
(7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not
accomplish the corrections within a reasonable time, the City may complete the corrections and
the Vendor shall pay all costs incurred by the City in order to accomplish the correction.
X. INDEMNIFICATION. Vendor shall defend, 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, arising out of or in connection with the
performance of this Agreement. Ve
The City's inspection or acceptance of any of Vendor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that 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
Page 4 of 9
Goods and Services Agreement
(between City of Bremerton and Landscape Structures, Inc.)
damages to property caused by or resulting from the concurrent negligence of the Vendor and the
City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall
be only to the extent of the Vendor's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS
INDEMNIFICATION CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER
INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS
INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
XI. INSURANCE. The Vendor shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons or damage to property that may arise from or in
connection with the performance of the contract work by the Vendor, its agents, representatives,
employees or subcontractors.
Before beginning work on the project described in this Agreement, the Vendor shall
provide a Certificate of Insurance evidencing:
A. Automobile Liability insurance with limits no less than $1,000,000 combined
single limit per accident for bodily injury and property damage; and
B. Commercial General Liability insurance written on an occurrence basis with
limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 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; and employer's
liability.
C. Excess Liability insurance with limits not less than $1,000,000 limit per
occurrence and aggregate.
D. Professional Liability insurance with limits no less than $1,000,000 limit per
occurrence/claim.
E. 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
Vendor.
-
The City shall be named as an additional insured on the Commercial General Liability
Page 5 of 9
Goods and Services Agreement
(between City of Bremerton and Landscape Structures, Inc.)
insurance policy, as respects work performed by or on behalf of the Vendor and a copy of the
endorsement naming the City as 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.
The Vendor'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 Vendor's insurance 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
obligation upon Vendor -5161, or by certified
th
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 required 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.
XI. SUSPENSION & DEBARMENT. For contracts involving State or Federal funding,
Vendor hereby certifies, by signing this agreement, that neither it nor its principals are presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded form
participation in this transaction by any Washington State or Federal department or agency. Vendor
shall provide immediate written notice to the City if any time it learns that it is or has become
ineligible for certification. Should Vendor enter into a covered transaction with another firm,
Vendor 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.
XII. MISCELLANEOUS.
A. Licenses and Taxes. Vendor shall possess a current Bremerton Business License
and any regulatory license required to fulfill Vendor's obligations under this Agreement. B&O
taxes shall be paid when due, and Vendor, by this Agreement, assigns any payments due under
this Agreement to the City Clerk for payment of such taxes which have been declared delinquent.
B. Conflict and Precedence. In the event of a conflict between the contract documents,
the document which rates higher on the following list shall take precedence:
1. Amendments / Change Orders to Goods and Services Agreement
2. Goods and Services Agreement
3. Specifications
4. Terms and Conditions
5. Proposal
Page 6 of 9
Goods and Services Agreement
(between City of Bremerton and Landscape Structures, Inc.)
C. Documents Incorporated by Reference. The following documents are incorporated
by reference, including but not limited to:
1. Terms and Conditions,
2. Specifications,
3. Proposal, and
4. Non-Collusion Affidavit.
D. Use of Photographs and Images. Vendor shall not use or distribute photographs or
images depicting City officials, personnel, property, or equipment whether prepared by Vendor or
provided by City without prior written consent of the City. The City will not unreasonably
withhold its consent.
E. Equal Employment Opportunity Statement. In the hiring of employees for the
performance of work under this Agreement, the Vendor, its subcontractors, or any person acting
on behalf of Vendor 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.
F. 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.
G. Compliance with Laws. Vendor shall comply with all federal, state and local laws,
rules and regulations throughout every aspect in the performance of this Agreement.
H. Work Performed at Vendor's Risk. Vendor shall take all precautions necessary and
shall be responsible for the safety of its employees, agents, and subcontractors in the performance
of this Agreement. All work shall be done at Vendor's own risk, and Vendor 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.
I. Nonwaiver of Breach. The failure of the City to insist upon strict
performance of any of the terms and rights contained herein, or to exercise any option herein
conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of
those terms and rights and they shall remain in full force and effect.
J. Governing Law. This Agreement shall be governed and construed in accordance
with the laws of the State of Washington. If any dispute arises between the City and Vendor under
any of the provisions of this Agreement, resolution of that dispute shall be available exclusively
under the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County,
Washington.
K. Attorney's Fees. In any claim or lawsuit for damages arising from the parties'
Page 7 of 9
Goods and Services Agreement
(between City of Bremerton and Landscape Structures, Inc.)
performance of this Agreement, each party shall be responsible for payment of its own legal costs
and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in
this subsection shall limit the City's right to indemnification under Section IX of this Agreement.
L. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed below, unless otherwise notified. Any written notice shall become
effective upon delivery, but in any event three (3) calendar days after the date of mailing by
registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the
address stated in this Agreement.
Notices to be sent to: Notices to be sent to:
CITY: VENDOR:
Attn: Jeff Elevado Attn: John Larson
City of Bremerton Landscape Structures, Inc.
thnd
345 6 Street, Suite 100 2104 SW 152 Street, Ste 1
Bremerton, WA 98337-1891 Burien, WA 98166
M. Assignment. Any assignment of this Agreement by the Vendor without the written
consent of the City shall be void.
N. Modification. No waiver, alteration, or modification of any of the provisions of
this Agreement shall be binding unless in writing and signed by a duly authorized representative
of the City and Vendor.
O. Severability. If any one or more sections, subsections, or sentences of this
Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of
the remaining portion of this Agreement and the remainder shall remain in full force and effect.
P. Entire Agreement. The written provisions and terms of this Agreement, together
with any attached Exhibits, supersede all prior verbal statements by any representative of the City,
and those statements shall not be construed as forming a part of or altering in any manner this
Agreement. This Agreement and any attached Exhibits contain the entire Agreement between the
parties. Should any language in any Exhibit to this Agreement conflict with any language
contained in this Agreement, the terms of this Agreement shall prevail.
Page 8 of 9
Goods and Services Agreement
(between City of Bremerton and Landscape Structures, Inc.)
IN WITNESS WHEREOF, the parties below have executed this Agreement.
CITY: VENDOR:
City of Bremerton Landscape Structures, Inc.
By: By:
Print Name: Print Name:
Its: Its:
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\\Goods and Services Agreement Rev 09 2021.docx
Page 9 of 9
Goods and Services Agreement
(between City of Bremerton and Landscape Structures, Inc.)
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Quote / Worksheet # 2208-11068-5
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Cityof Bremerton | Parks & Recreation Department
Cityof Bremerton | Parks & Recreation Department
680 Lebo Blvd
680 Lebo Blvd
Bremerton, WA 98310
Bremerton, WA 98310
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1701 5th St
1701 5th St
Bremerton, WA 98337
Bremerton, WA 98337
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January 26, 2023 WƚŷƓ \[ğƩƭƚƓ ЋЉЏ͵ВЍЉ͵ЊЊЉБ
24 to 28 weeks ƭĻĻ ğƷƷğĭŷĻķ
PLAY EQUIPMENT
Play Equipment per attached itemized sheet #1762463-1-5 ,
5-12 play
$ 95,455.00
manufactured by Landscape Structures in Delano, MN
Play Equipment per attached itemized sheet #1762463-1-5 ,
2-5 play
$ 40,265.00
manufactured by Landscape Structures in Delano, MN
Play Equipment per attached itemized sheet #1762463-1-5 ,
freestanding play
$ 6,385.00
manufactured by Landscape Structures in Delano, MN
$ -
SURFACING
ForeverLawn Playground Grass Ultra 2" SafetyFoam Pro (8Ft CFH)
Square Feet
4,905
$ 20.83
$ 102,187.53
Envirofill Infill per product specifications. Composite edge nailer boards.
Square footage base
Also, all associated and required items that accompany this (seaming
on materials required
tape, etc.)
Supply and install up to 12" gravel base, compacted base for Playground
Square Feet
4,905
$ 6.15
$ 30,165.75
Grass
Optional
$ -
INSTALLATION
Layout Playground Equipment in site, mark all footing hole locations, dig
86
$ 57.26
$ 4,924.78
all footing holes to required depth
Set PlayBooster Posts in concret in preparation for Community Build, by
34
$ 173.25
$ 5,890.50
factory trained & certified installation crew
1
Community Build Supervision by by factory trained & certified installer
$ -
$ -
{ƚǒƩĭĻǞĻƌƌ /ƚƓƷğĭƷ ϔЉЊЉЎЋЊΏ\[{L /źƷǤ ƚŅ .ƩĻƒĻƩƷƚƓ L5 ϔЋЉЊЉА tƩźĭźƓŭ 5źƭĭƚǒƓƷ
$ (11,368.40)
CƩĻźŭŷƷ
$ 7,842.00
{ĻƓķ ŅƚƩ ƦƩƚĭĻƭƭźƓŭ Ʒƚʹ
LƭƭǒĻ tǒƩĭŷğƭźƓŭ hƩķĻƩ ƚʹ
LandscapeStructures, Inc͵
PlayCreation, Inc.
Project Total
$ 281,747.16
attention: aźƭƷǤ \[źƓƉ
attention: WƚŷƓ\[ğƩƭƚƓ
601 -7th Street South2104 SW 152nd Street, ste 1
Delano, MN 55328-0198
Burien, WA 98166
ğǣ В͵Ћі
$ 25,920.74
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763.972.5591206.932.6366
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________________________________________
APPROVAL _______________________________________________
datePO#
signature
vǒƚƷĻ .ğƭĻķ ƚƓ /ǒƩƩĻƓƷ tƩźĭźƓŭ tƩźĭźƓŭ ğƌźķ Ʒźƌƌ Ќ͵ЌЊ͵ЋЉЋЌ ЎЉі 5ĻƦƚƭźƷ 5ǒĻ ǒƦƚƓ hƩķĻƩ 9ƓƷƩǤ
Itemized Quote
Date: 01/20/2023 Organization: PlayCreation, Inc.Drawing No: 1762463- 1- 5
By: John Larson Contact: JohnL@PlayCreation.com | 206.940.1108
Project: Kiwanis Bremerton - Design A R.5 Location: Bremerton, WA
PlayBooster® (5-12 years)
PHASE-1 Direct Bury Mixed Material
UNITTOTAL
QTY NO.DESCRIPTION WEIGHTPRICEWEIGHT PRICE
(lb)(US $) (lb) (2023)
PlayBooster®
Climbers W/Permalene Handholds
1229828DChimney Climb Across170.06,405.00
96"Dk 24"Dk Difference DB Only
1152907B Deck Link w/Barriers182.0 2,500.00
Steel end panels 2 Steps
1152907C Deck Link w/Barriers236.0 3,255.00
Steel end panels 3 Steps
Climbers W/Vibe Handholds
1229836B Arcade Climber w/Vibe Handholds 72" 143.0 2,540.00
Deck DB
1180101A Corkscrew w/Vibe Handholds 93.0 1,755.00
40"Dk DB
1200610A Crest Climber w/Vibe Handholds232.0 7,205.00
2179012A Pod Climber w/Vibe Handhold 37.0 1,025.00 74.0 2,050.00
16"Dk DB Left Handhold
1179012A Pod Climber w/Vibe Handhold 37.0 1,025.00
16"Dk DB Right Handhold
1179016A Ring Tangle Climber w/Vibe Handholds 215.0 3,550.00
1
w/8" Deck Difference
1179009A Star Seeker w/Vibe Handhold 145.0 4,725.00
DB Only Handhold on Right
Attached to Triangular Deck
Custom
1CP029807DIGIFUSE SPACE THEME FIND BARRIER 45.0 4,055.00
PANEL W/8 MEDALLIONS @ Grade (4
curved / 3 flat / 1 flat - 3-1/2" x 8-7/16"
oval plate) medallions - no posts included
Decks
3121948A Kick Plate 8"Rise 13.0 140.00 39.0 420.00
3111228A Square Tenderdeck 118.0 1,250.00 354.0 3,750.00
1185852A Transfer Step w/2 Handloops 77.0 1,230.00
DB
5111231A Triangular Tenderdeck 62.0 965.00 310.0 4,825.00
Enclosures
1135731A Chimes Reach Panel 31.0 1,565.00
Ground Level
1179044A Color Splash Vibe Panel Above Deck 86.0 3,930.00
1179050A Marble Vibe Panel Above Deck89.0 3,190.00
Page 1 of 4
Itemized Quote
Date: 01/20/2023 Organization: PlayCreation, Inc.Drawing No: 1762463- 1- 5
By: John Larson Contact: JohnL@PlayCreation.com | 206.940.1108
Project: Kiwanis Bremerton - Design A R.5 Location: Bremerton, WA
PlayBooster® (5-12 years)
PHASE-1 Direct Bury Mixed Material
UNITTOTAL
QTY NO.DESCRIPTION WEIGHTPRICEWEIGHT PRICE
(lb)(US $) (lb) (2023)
1135730A Match 3 Reach Panel 24.0 1,000.00
Ground Level
Motion & More Fun
2166809A E-Pod Seat 11.0 375.00 22.0 750.00
1120901A Grab Bar 5.0 235.00
1120902A Handhold Leg Lift 4.0 250.00
1153165A Stationary Cycler Accessible 22.0 595.00
Overhead Events
1193170A LolliLadder w/2 E-Pods81.0 3,070.00
Posts
1111404G100"Alum Post DB26.0 355.00
2111404F 108"Alum Post DB28.0 360.00 56.0 720.00
4111404E 116"Alum Post DB29.0 375.00 116.0 1,500.00
2111404D 124"Alum Post DB30.0 435.00 60.0 870.00
1111404M 148"Steel Post DB 88.0 435.00
3111404W 156"Steel Post DB 92.0 505.00 276.0 1,515.00
3111404Z 182"Steel Post DB 44" Bury105.0 565.00 315.0 1,695.00
2111403K 182"Steel Post For Roof DB 104.0 510.00 208.0 1,020.00
4111404J 76"Alum Post DB 19.0 315.00 76.0 1,260.00
5111404H 92"Alum Post DB 23.0 340.00 115.0 1,700.00
Slides
1123333A Rollerslide 40"Dk DB 364.0 9,195.00
1222708B WhooshWinder Slide 283.0 5,900.00
1
96"Dk DB
Freestanding Play
Climbers
1120711A Pod Climber 16" DB14.0 345.00
1120710A Pod Climber 8" DB 12.0 340.00
Motion & More Fun
2158105A Wobble Pod DB Only 122.0 1,865.00 244.0 3,730.00
Signs
1182503C Welcome Sign (LSI Provided)24.0 0.00
Ages 5-12 years Direct Bury
Sports & Fitness
1100041A Curved Balance Beam DB 71.0 1,000.00
Page 2 of 4
Itemized Quote
Date: 01/20/2023 Organization: PlayCreation, Inc.Drawing No: 1762463- 1- 5
By: John Larson Contact: JohnL@PlayCreation.com | 206.940.1108
Project: Kiwanis Bremerton - Design A R.5 Location: Bremerton, WA
Freestanding Play (2-12 years)
2
PHASE-1 Mixed Bury Aluminum
UNITTOTAL
QTY NO.DESCRIPTION WEIGHTPRICEWEIGHT PRICE
(lb)(US $) (lb) (2023)
Freestanding Play
Motion & More Fun
1247179ACurva Spinner DB Only117.02,280.00
Swings
2174018A Belt Seat 8.0 150.00 16.0 300.00
ProGuard Chains for 8' Beam Height
2176038A Full Bucket Seat 14.0 425.00 28.0 850.00
ProGuard Chains for 8' Beam Height
1177344A Single Post Swing Frame 251.0 1,725.00
52" Bury 8' Beam Height Only
1177345A Single Post Swing Frame 148.0 1,230.00
52" Bury Additional Bay 8' Beam Height
Only
PlayBooster® (2-5 years)
PHASE-1 Direct Bury Aluminum
UNITTOTAL
QTY NO.DESCRIPTION WEIGHTPRICEWEIGHT PRICE
(lb)(US $) (lb) (2023)
PlayBooster®
Climbers W/Permalene Handholds
1123293B Cozy Climber Perm Handholds126.0 3,210.00
48"Dk DB
1128252A Loop Ladder 48"Dk DB 63.0 1,135.00
Decks
1184354C Curved Transfer Module 344.0 3,950.00
Right 2-5yrs 48"Dk DB
2111229A Square Deck Extension 105.0 1,195.00 210.0 2,390.00
1111228A Square Tenderdeck 118.0 1,250.00
Enclosures
1115253A Hole Panel 30.0 740.00
1173564A Optigear Panel Above Deck 59.0 4,090.00
1117957A Periscope Panel Above Deck63.0 1,980.00
1115242A Slant Entrance Panel DB 55.0 1,395.00
1115227A Zoo Panel Above Deck 36.0 750.00
Motion & More Fun
1120902A Handhold Leg Lift 4.0 250.00
Posts
Page 3 of 4
Itemized Quote
Date: 01/20/2023 Organization: PlayCreation, Inc.Drawing No: 1762463- 1- 5
By: John Larson Contact: JohnL@PlayCreation.com | 206.940.1108
Project: Kiwanis Bremerton - Design A R.5 Location: Bremerton, WA
PlayBooster® (2-5 years)
PHASE-1 Direct Bury Aluminum
UNITTOTAL
QTY NO.DESCRIPTION WEIGHTPRICEWEIGHT PRICE
(lb)(US $) (lb) (2023)
8111404D 124"Alum Post DB30.0 435.00 240.0 3,480.00
Slides
1123336A Double Wave Slide 175.0 3,300.00
48"Dk DB
1123337A Single Slide 48"Dk DB 94.0 1,905.00
Freestanding Play
Sensory Play
1177715A Color Splash Panel 38.0 2,805.00
1168662A Marble Panel 36.0 2,215.00
2168100A Sensory Play Center Wall DB 88.0 1,630.00 176.0 3,260.00
2168101A Sensory Play Center Wall End DB 38.0 1,080.00 76.0 2,160.00
3168661A Sensory Play Station Plate 0.0 0.00
Signs
1182503A Welcome Sign (LSI Provided)24.0 0.00
Ages 2-5 years Direct Bury
CONCRETE FOOTINGS LABOR WEIGHTPRICE
SUMMARY
(cu-ft) (count) (hours) (lb) (2023)
PlayBooster® (5-12 years) PHASE-1 161.6 54 83.0 5,064.095,455.00
Total Safety Zone Area = 1404 sq. ft.
Freestanding Play (2-12 years) PHASE-1 37.2 4 11.0 560.06,385.00
Total Safety Zone Area = 2962 sq. ft.
PlayBooster® (2-5 years) PHASE-140.12836.01,967.040,265.00
Total Safety Zone Area = 636 sq. ft.
ALL PHASES PlayBooster®171.5 65106.06,316.0119,865.00
Freestanding Play67.3 2124.01,275.022,240.00
Total 238.8 86130.07,591.0142,105.00
Page 4 of 4
AGENDA BILL A5
CITY OF BREMERTON
Item pulled; and
CITY COUNCIL
rescheduled to April 12
SUBJECT: Study Session Date: March 22, 2023
Amendment No. 7 to the Imperial Parking COUNCIL MEETING Date: April 5, 2023
Services, LLC (IMPARK) Parking
Department: Finance/IT
Enforcement and Management Services
Presenter: Melinda Monroe
Agreement
Phone: (360) 473-5306
SUMMARY:
In 2019, the City extended the Impark Agreement through December 31, 2022. The agreement is
currently operating with a short-term extension effective through June 30, 2023. Now the City would
like to extend the agreement for Parking Enforcement and Management Services for two years and
eight months with administrative updates to the Contract. This agreement also recognizes the
purchase of a parking enforcement vehicle and that it will provide an update to the regular
enforcement of the downtown core. Changes to cost of service remains within the 2023 budget.
ATTACHMENTS: Amendment 7 to the PSA; Revised Exhibit A; Revised Exhibit C; Revised Exhibit
F; Revised Exhibit G
FISCAL IMPACTS (Include Budgeted Amount): Included in 2023 Budget
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to approve Amendment 7 of the Professional Services Agreement for Parking Enforcement and
Management Services with Imperial Parking Services; 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
AMENDMENT NO. 7 TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF BREMERTON AND
IMPERIAL PARKING (U.S.), LLC
THIS AMENDMENT to the Professional Services Agreement (the "Services Agreement")
between the City of Bremerton and Imperial Parking (U.S.), LLC dated July 1, 2011
.
WHEREAS, the City and Imperial Parking (U.S.), Inc. entered into a Professional
uly 1, 2011 for parking services; and
WHEREAS, effective October 12, 2011, Imperial Parking (U.S.), Inc. converted
from a corporation to a Delaware limited liability company known as Imperial Parking (U.S.),
LLC and, by operation of law, assumed all the rights and obligations of Imperial Parking (U.S.),
Inc. including, without limitation, those pursuant to the Services Agreement; and
WHEREAS, on January 20, 2016, the parties entered into Contract Modification
No. 1 (amendment) to the Services Agreement; and
WHEREAS, on August 1, 2016, the parties entered into Contract Modification No.
2 (amendment) to the Services Agreement (the Services Agreement as thereby amended is herein
and
WHEREAS, on August 1, 2019, the parties entered into Contract Modification No.
3 (amendment) to the Services Agreement (the Services Agreement as thereby amended is herein
and
WHEREAS, on December 10, 2019, the parties entered into Contract Modification
No. 4 (amendment) to the Services Agreement (the Services Agreement as thereby amended is
and
WHEREAS, on December 5, 2022 the parties entered into Contract Modification
No. 5 (amendment) to the Services Agreement (the Services Agreement as thereby amended is
and
WHEREAS, on March ___, 2023, the parties have agreed to extend the term of the
Agreement as set out herein; and
WHEREAS, the parties have agreed to changes to the scope of work and to extend
the term of the agreement as well as other modifications to general conditions;
NOW THEREFORE, in consideration of the premises and mutual covenants and agreements
herein contained, the parties agree as follows:
The following sections of the Agreement are hereby amended and replaced as follows:
Page -1
Amendment No. 7 - Imperial Parking/Parking Enforcement Services Contract No. 5070
I. Section I. Scope: The Scope of Work is hereby amended by:
1) Substituting Exhibit A, attached hereto, for the version Amended in all prior
Amendments to the Service Agreement; and
2) Substituting Exhibit C, attached hereto, for the version Amended in all prior
Amendments to the original service agreement; and
3) Substituting Exhibit F, attached hereto, for the version Amended in all prior
Amendments to the original service agreement; and
4) Substituting Exhibit G, attached hereto, for the version Amended in all prior
Amendments to the original service agreement.
II. Section II Term: The term of the Agreement is hereby amended from an expiration date
of June 30, 2023 to a new expiration date of December 31, 2025. This amendment 7 is to
be effective on the date that all parties have signed.
III. Section III Compensation: Compensation is amended as outlined in the amended Scope
of Work in Exhibit A as incorporated herein.
IV. Section V. Indemnification: The first paragraph is deleted in its entirety and replaced as
follows:
The Operator shall indemnify and hold the City harmless from and against all claims, liabilities,
costs, and expenses arising in connection with any negligence or intentional misconduct of the
Operator, its employees, invitees, and any others for whom the Operator is at law responsible,
except to the extent caused by the willful misconduct or negligent act or omission of the City.
V. Section VI Insurance is amended to provide that Operator may meet the limits of
insurance required under this Agreement through a combination of primary and excess coverage
and that Operator shall include the City as an additional insured (rather than name the City).
VI. Section IX. Termination: Is deleted in its entirety and replaced with the below:
This Agreement may be terminated by written instrument upon mutual consent. Termination
may be made by the City or Operator for convenience on ninety (90) day advanced written
notice. Termination may be made by the City or Operator for convenience on ninety (90) day
advanced written notice. 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
notice to the non-performing Party. The City may
with-hold payment, until the corrective action is completed, but may not with-hold payment
longer than thirty (30) days after correction is completed.
In the event of termination, the City shall pay for all services performed by the Operator to the
Page -2
Amendment No. 7 - Imperial Parking/Parking Enforcement Services Contract No. 5070
effective date of termination provided by such notice, and any applicable reimbursement
pursuant to the provisions of Exhibit A. After termination, the City may take possession of all
records and data within the
without restriction by the City. Any such use not related to the project which Operator was
contracted to perform shall be without liability or legal exposure to the Operator.
Force Majeure. Operator shall not be deemed to be in default and shall not be liable for failure
Majeure. For purposes of this Agreement, the term Force Majeure shall mean any acts of God,
including landslides, lightning, forest fires, storms, floods, freezing and earthquakes, terrorism,
civil disturbances, strikes, lockouts or other industrial labor disturbances, acts of the public
enemy, wars, blockades, public riots, explosions, governmental restraint or causes, whether of
the kind enumerated otherwise, that are not reasonably within the control of the Operator.
VII. Definitions IX. is a new section and will be added to the agreement as follows:
th
A. Downtown Core: the streets and public right-of-way between Warren Avenue and 6
street and including the 600 block to the 900 block of Pacific Avenue and the 600
block to the 800 block of Park Avenue
B. Overtime enforcement action: includes a chalk of a vehicle and the resulting actions
necessary to determine if a warning, citation, impound or boot of a vehicle is
warranted.
VIII. A new section X Limitation of Liability is added as follows:
ement including
for any Claims, is hereby be limited to the amount equal to the coverage limits of
insurance required under this Agreement, provided that this limitation on liability shall
not limit (i) any claims for tangible personal property damage, bodily injury, or death to
the extent such property damage, injury or death is attributable to the negligence or
willful misconduct of Operator, Owner or their respective employees or agents and (ii)
claims which may not be limited in accordance with applicable law. Notwithstanding
anything to the contrary in this Agreement, in no event will either party or any of it
shareholders, members, officers, directors, employees or personnel be liable for any
liability or claim for punitive, special, exemplary, liquidated, indirect, or consequential
damages or for loss of profits or business. In addition to any other limitations or caps on
liability hereunder, each party agrees that the liability of each party hereto for any and all
ets and agrees not to pursue any claims against any
person or entity other than Operator and the Owner, as the case may be.
IN WITNESS WHEREOF, the parties have executed this Amendment No. 7 to the Services
Agreement on the day and year first written above.
Page -3
Amendment No. 7 - Imperial Parking/Parking Enforcement Services Contract No. 5070
THE CITY OF BREMERTON IMPERIAL PARKING (U.S.), LLC
By Greg Wheeler By Harold Delos Reyes
Its Mayor Its General Manager
DATE: DATE:
APPROVED AS TO FORM: ATTEST:
Kylie J. Finnell, Bremerton City Attorney Angela Hoover, City Clerk
Page -4
Amendment No. 7 - Imperial Parking/Parking Enforcement Services Contract No. 5070
EXHIBIT A: SCOPE OF WORK REVISED
I. OPERATIONS
A. GENERALLY.
1. Operator shall be responsible for all aspects of recruitment and selection
of parking enforcement personnel.
Ћ͵ Limited Commission Operator shall provide the City of Bremerton
Police Department with all personnel information required to investigate and issue a Limited
Commission in accordance with RCW 10.93.020 and BMC chapter 10. The City shall review all
information regarding a prospective enforcement employee prior to authorization of issuance of a
Limited Commission and reserves the right to not offer commission. For this reason, the operator
will notify the City when a new employee is being considered for hire. Ensure that all Parking
Enforcement Officers maintain active limited commissions and notify City staff of any impeding
lapse of commission within 30 days of enforcement commission.
3. Operator shall provide all enforcement personnel with professional
appearing uniforms including jackets. Uniform jackets and shirts shall have attached patches or
emblems whether printed or sewn, on the sleeves with an emblem designating the wearer as
official parking enforcement personnel. All enforcement personnel must carry photo
identification and a copy of their commission while on duty. The operating company will have
responsibility for the overall daily operation of the identified City-owned and leased parking
facilities. The operating company will develop the staffing plan, operating procedures, and other
portions of the policies and procedures necessary to operate the parking facilities in an efficient
and cost-effective manner. A thorough working knowledge of the latest parking technology and
systems, including but not limited to, validation programs, valet parking systems, and parking
management practices is considered essential. The operating company will be expected to note
ted
Representative as to possible policy or operational changes. The operating company shall
always maintain a high standard for personnel and performance, consistent with good customer
relations. The operating company shall control the conduct, demeanor and performance of its
employees to ensure that good, efficient and courteous service shall be furnished all users of the
parking facilities on a fair, equal and non-discriminatory basis. Additionally, the operating
company is specifically authorized to exercise such control as it deems reasonably necessary for
the orderly, safe, sanitary and secure use thereof, and to prevent or discourage disturbances,
illegal acts and violations of laws, regulations, ordinances and rules of the City.
4. Start date for the revised Scope of Work shall be April 1, 2023 unless the
operator receives written notice of a different start date for all or a portion of the work.
B. COMMUNICATIONS. All enforcement personnel shall have ready access to
their supervisor or appointee and to the Bremerton Police Department.
C. MAINTENANCE. The Operator shall notify the City of Bremerton facilities contact for
removal of trash and debris or of other observed safety concerns. Notwithstanding anything to the
contrary in this Agreement, the parties agree and acknowledge that Operator is not responsible for
(i) claims or liabilities to the extent caused by the acts or omissions of the City of Bremerton, third
parties or its or their personnel, contractors, or agents or (ii) safety or repairs or maintenance to the
structures or systems of the premises.
Page -1
Amendment No. 7 - Imperial Parking/Parking Enforcement Exhibit A
EXHIBIT A: SCOPE OF WORK REVISED
D. RESPONSIBILITIES. The Operator shall:
1. Issue time and date stamped parking ticket receipts for all electronic
and/or manual pay parking stations and issue date and time stamp parking citations or other
infractions at all enforcement locations.
2. Collect money for all parking stations whether from physical meters or
from digital stations, parking permits, plus daily, monthly and event parking fees.
3. Ensure that all parking income collected by the operating company shall
be accounted for and deposited at least one time weekly and no later than the last calendar day
of calendar month revenue was remitted in, to the designated city account. Bank deposit slips,
and reports at least one time weekly.
4. Invoicing of enforcement services will be itemized as applicable by:
Enforcement Type, Enforcement Zone, location and date per Exhibits E & F, Enforcement
Type Definitions and per Exhibit G City owned property, lots, garages and meters listings.
5. Issue parking citation violation tickets for parking violations when
appropriate.
6. Implement, enforce, and acknowledge all City of Bremerton Parking
Policies. Likewise, the City of Bremerton is responsible to communicate and share all
applicable parking policies with Impark Employees and Limited Commission Parking
Enforcement Officers and agents that service the City of Bremerton.
E. ENFORCEMENT VEHICLES. The City will provide at least one vehicle, known as
the City Vehicle(s), for enforcement during the term of this agreement. Additional vehicles the
number, nature and type of enforcement vehicles, if any, (i.e.: scooters, bikes or other) is solely
discretionary with the Operator. The Operator will be responsible for holding at their expense
Automobile Liability coverage for the City vehicle(s) while providing services to the City,
including Comprehensive and Collision liability policies, a General Liability policy, and an
Umbrella liability policy insurance coverage at the minimums outlined in Section VI. of the
Services Agreement for the duration of this agreement as amended. The Operator will be
responsible to provide regular maintenance services on City vehicles utilized by the operator
with reimbursement available by the City in each billing cycle
direction the City may provide direct maintenance. The Operator will fuel City vehicles via a
City owned Fuel Card or electric charging station and accept liability for all agents and
employees of the operator that have access to assigned Fuel Card, use and charge of electric
vehicle, and the City Vehicle(s).
II. SCOPE OF REQUESTED SERVICES AND SERVICE FEE
A. FLAT FEE MONITORING AND TICKETING:
Operator shall provide monitoring and ticketing services enforcing the parking
codes of the City of Bremerton, in all enforcement zones with not less than the following
frequencies for the following enforcement types:
1. DOWNTOWN CORE ENFORCEMENT: Downtown Zone for on-street
restricted parking in the Downtown Core: Not less than three times daily, Monday Saturday
Page -2
Amendment No. 7 - Imperial Parking/Parking Enforcement Exhibit A
EXHIBIT A: SCOPE OF WORK REVISED
excluding City Holidays, with an annual average minimum of one-hundred and sixty (160) hours
per month. Additionally, there shall be at least one (1) full overtime enforcement action patrol,
including chalking and resulting citations, throughout the Downtown Core and to the end of the
900 Block of Pacific Avenue Monday - Saturday. This enforcement type is reimbursed via the
agreed upon flat fee amount.
Flat fee hours for the Downtown Core Enforcement shall be covered
under the monthly flat fee rate of: $7,516.93
2. RANDOM AND ON-CALL RESTRICTED RESIDENTIAL
ENFORCEMENT: the operator will schedule random checks in all residential enforcement
zones for an annual average minimum of one-hundred and twenty (120) hours per month,
Monday through Sunday, excluding City Holidays. Included in this response is Right-of-way
violation enforcement actions. This enforcement type is reimbursed via the agreed upon flat fee
amount.
Flat fee hours for the Random On-Call Enforcement shall be covered
under the monthly flat fee rate of: $5,637.70
3. EAST ZONE ENFORCEMENT: included in this type of enforcement provided
at not less than one times daily, Monday Saturday excluding City Holidays, with an annual
average minimum of eighty (80) hours per month.
Flat fee hours for the East Zone Enforcement shall be covered under
the monthly flat fee rate of: $1,146.00
4. ON-CALL ENFORCEMENT in all zones will be based on complaint basis
only response. Monthly Invoice will define the enforcement type, hours and location. More than
forty (40) hours per month requires City approval.
Flat fee hours for the On-Call Enforcement shall be covered under
the monthly flat fee rate of: $1,879.23
5. COMMUTER PARKING ENFORCEMENT: On-street parking enforcement in
the commuter impacted zones at not less than one-hundred and sixty (160) hours per month.
Locations include the SW zone, the SE Zone and the Downtown core related to all Puget Sound
Naval Shipyard Access points.
Flat fee hours for the Commuter Zone Enforcement shall be
covered under the monthly flat fee rate of: $3,690.20
6. CITY OWNED OFF-STREET LOTS, GARAGES AND PARKS: Provide
Off-street Parking enforcement and management in City-owned lots, Garages and on City
Property. Garages will receive not less than twice daily reviews and one daily overtime
enforcement action, Monday through Sunday. Lots will receive not less than one weekly over-
time enforcement action, Monday through Sunday. This does not include repair and maintenance
of lot meters.
a) Garages and lots will receive 1 daily timed enforcement.
Page -3
Amendment No. 7 - Imperial Parking/Parking Enforcement Exhibit A
EXHIBIT A: SCOPE OF WORK REVISED
b) Park property will receive an annual average enforcement of not
less than sixty (60) hours per month during park hours of operation. Park Property
enforcement will occur at the parks identified by the Parking Enforcement office manager
Flat fee enforcement for City Owned Off-street lots, Garages and
Parks shall be covered under the monthly flat fee rate of: $4,769.00
7. CITY OWNED ON-STREET LOTS: Provide on-street Parking
enforcement and management in City-owned lots. Lots will receive not less than one
weekly review, Monday through Sunday. This does not include repair maintenance of lot
meters.
a) lots will receive 1 daily timed- enforcement action.
Flat fee enforcement for City-owned on-street lots shall be covered under the monthly
flat fee rate of: $1,670.80
Parking enforcement types and hours of this Section A shall be covered under the monthly grand
flat fee total rate of: $26,309.66
B. HOURLY RATE ENFORCEMENT SPECIAL EVENTS.
The operator will be required to provide supplemental parking attendants (one per
floor, 2 attendants) as needed and determined by the City for larger functions at the parking
facilities. Scheduling requests for operator presence at such events will occur at least 1 month
prior to the event. It is currently estimated that there will be 20± such events annually.
Normally, the attendants will be required for one hour before and until one hour after the
scheduled start time for the event. Reporting of hours and number employee worked with the
date and name of the event will be provided with invoicing. Additional attendants as needed and
requested at the following hourly rate per attendant:
Hourly Rate per Attendant: $23.75
C. OFFICE ADMINISTRATIVE SERVICES
The operator will be required to maintain an office in the City of Bremerton
Downtown Core five days a week, open not less than 7 hours a day. The specific days and hours
to be negotiated with the city Designated Representative. The City will reimburse lease cost in a
mutually agreed amount not to exceed $1,800.00 per month. Should the City terminate this
nt not to exceed $1,800.00 per month
for the term of the lease.. The City will provide garbage service. Operator will be responsible for
electricity, water (if any), phone, business license and all other costs.
a) The city will also provide space for storing of up to 3
vehicles.
b) Operator shall maintain local phone number and e-mail
Page -4
Amendment No. 7 - Imperial Parking/Parking Enforcement Exhibit A
EXHIBIT A: SCOPE OF WORK REVISED
address for receipt of public requests comments and complaints that will be
monitored daily Monday Friday, except City Holidays. Office Support:
Customer Service support for 6 hours per day during normal business hours
Monday through Friday, except City Holidays.
c) Personnel. The operator shall be required to separate
personnel so that no individual has responsibility or access for enforcement, repair
and/or revenue collection from pay stations.
D. RESIDENTIAL PERMITS AND ADMINISTRATION:
1. Residential, street and parking garage permits, will be managed and issued by
Operator at office or online during normal business hours. Operator would issue residential
permits types as outlined in the Bremerton Municipal Code, or in accordance with City
contracts and policy.
2. Operator shall assume responsibility for updating and maintaining the Residential
Parking Permit Program database and any other permit databases.
3. Residential Permits are currently issued for five (5) residential Parking Permit
4. Office Administration in support of permits and citation issuance shall be provided
at full-time hours
Monthly Flat Rate: $1,200.00
E. MANAGEMENT, REPAIR & MAINTENANCE OF ELECTRONIC PAY
STATIONS OR ONLINE PAYMENT OPTIONS
1. City Parking Pay stations. The electronic pay stations or equivalent shall have
debit/credit card, real time authorization, coin and bill capabilities. Said equipment and software
shall be repaired and maintained at a standard not less than set forth in Exhibit C as amended, of
the Services Agreement.
Garages (3 locations).
st
Lot 90: Conference Center at 1 & Washington (8 stations on second and third floor
levels)
Lot 91: Washington Avenue Garage - between Fourth & Fifth Streets (3 stations on first
floor level and vestibule)
Lot 92: Park Avenue Plaza (6 stations on two levels)
On Street/Off Street Surface Parking (10 Electronic Pay Stations)
The monthly rate payable by the City to Operator for, repair and maintenance of
electronic pay stations. Monthly Rate: $4,511.16
2. Meter Damage. If a meter or Pay station sign is damaged beyond replacement or
Page -5
Amendment No. 7 - Imperial Parking/Parking Enforcement Exhibit A
EXHIBIT A: SCOPE OF WORK REVISED
maintenance standards the meter will be replace at cost to the City. The operator is responsible to
order replacement meters and assist with the coordination of installation and invoicing. The City
will pay for installation and utilize warranty agreements as available.
3. Use of Affiliates. The City acknowledges and agrees that Contractor may from time-to-
time purchase goods, supplies and services from or through Contractor and its Affiliates. If an
Affiliate performs services Contractor is required to provide under this Agreement, Contractor
shall be ultimately responsible to the City for Contractor's Affiliate's performance. For purposes
of this Agreement, "Affiliates" means any entity directly or indirectly controlled by, controlling
or under common control with Contractor.
F. REVENUE REMITTANCE AND REPORTING.
1. Revenue Collection. The Operator shall process all revenues collected pursuant to
this Agreement as follows:
a) Meter Revenue (On-Street and Off-Street). Cash revenues shall be
b) Credit Card Revenues (On-Street and Off-Street). shall be processed
or account held for the City by the operator whichever
holding arrangement results in savings for the City.
c) Pay by Phone or other Payment Collection Software System (On-Street
and Off-Street).
account and be remitted to the City on or before the 15th of each month with respect to the
preceding calendar month.
d) Monthly Parking.
th
account and remitted to City on or before the 15 of each month with respect to the proceeding
calendar month, after deduction by Operator of all credit card account fees.
e) Violations fees from City controlled parking areas. Fines from these
sources will be processed by the Operator using equipment, supplies and software provided by
the City and all revenues will be received directly by the City and not by the Operator.
f) Violations fees from metered parking areas. Fines from these sources will
be processed by the Operator using equipment and stationery provided by the City and all
revenues will be received directly by the City and not by the Operator.
g) Leasehold Tax. The City shall be responsible for the remittance of any
parking tax and any applicable Washington State sales taxes for all revenues received and
indemnify Impark with respect of any claims, actions, liabilities, penalties, costs and expenses
termination of this Agreement. The Operator shall be responsible for its own parking and
Washington state sales taxes, if applicable, on revenues it retains under section 1.b). All other
taxes associated with its business operations are the sole responsibility of the respective parties.
th
2. Reporting. On or before the 15 day of each month, the Operator will give the City a
statements and performance reports for the preceding calendar month setting out all revenues
collected by the Operator as contemplated in paragraphs 1.b) for such month and the amount of
Page -6
Amendment No. 7 - Imperial Parking/Parking Enforcement Exhibit A
EXHIBIT A: SCOPE OF WORK REVISED
account. The Statement shall be deemed to be correct unless the City provides Operator with
written notice of any errors or omissions within ninety (90) days of the Statement date.
i. Monthly reporting will include at minimum: the number of enforcement
hours worked in the month by zone; the vacancy by lot including metered
daily lots; the numbers of permit holders by lot; the number of individuals
on monthly permit waitlists; daily parker metered usage by lot.
ii. Monthly parking lot permit reports should show monthly purchased permits
and terminations, monthly vacancy by permit type; monthly waitlist
numbers added and pulled from waitlist.
iii. Monthly reporting/statements should show revenue by meter, by pay phone
apps, or other online payment software, and by monthly permitted parking.
Page -7
Amendment No. 7 - Imperial Parking/Parking Enforcement Exhibit A
EXHIBIT C: PAY STATION PERFORMANCE STANDARDS *AMENDED
Electronic Pay Stations or digital pay stations equipment and software shall be
maintained in accordance with the following standards:
1. No pay station will be out of service for more than 10 consecutive system operating hours
for lack of replacement part;
2. Units will be out of order no more than 1 % of system operating hours per year
3. Each machine has a sixty day burn in period before standards apply;
4. City has right to demand that a unit be replaced within one business day if unit
experiences system failure that cannot be corrected in field or exceeds average
equipment failure rate (1%) by 50%;
5. Less than 1% of receipt paper replenishment or coin collection notice shall result in
machine being out of service;
6. Performance standards are related to performance while operating in temperature range
of -13 to 130 degrees (Fahrenheit) and 97% non-condensing humidity;
7. Access to associated operating systems, reporting and
standards and intent of operation.
Page 1
Amendment No. 7 - Imperial Parking/Parking Enforcement Exhibit C
Exhibit F: ENFORCEMENT TYPE DEFINITIONS AMENDED
Enforcement Type 1: Monitoring and Parking Violation enforcement On-street zones per
Municipal Code 10. 10. Including Flat fee, monitoring and ticketing, random and on-call
residential patrols.
Location: BREMERTON CITY LIMITS all enforcement zones
Time: 7 days a week excluding City observed Holidays.
Enforcement Type 2: Hourly Special Event Enforcement. provide enforcement as needed and
determined by the City for larger functions at the parking facilities. Normally, the attendants
will be required for one hour before and until one hour after the scheduled start time for the event
Location: BREMERTON CITY LIMITS
Time: As needed/ requested basis only
Enforcement Type 3: Off-street Enforcement and Monitoring of City Owned Property in all
zones that per Municipal Code 10. 10.
Location: BREMERTON CITY LIMITS all enforcement zones; City owned Garages and
Lots, City Parks, City owned properties.
Time: 7 days a week excluding City observed Holidays
Enforcement Type 4: Commuter Area Parking Enforcement
Monitoring and parking violation enforcement on street in zoned areas impacted by commuter
parking per Bremerton Municipal Code 10. 10
Location: BREMERTON CITY LIMITS - all enforcement zones as needed with enforcement
minimums in Downtown Core, SW and SE Zones
Time: 7 days a week excluding City observed Holidays
Page - 1
Amendment No. 7 - Imperial Parking/Parking Enforcement Exhibit F
Exhibit G: CITY PAY METER LISTINGS AND PAYMENT METHODS BY LOCATION
LOT 90 - Harborside Type
KCC Meter Number Zone
25-0090-01 Downtown Garage
25-0090-02
25-0090-03
25-0090-04
25-0090-05
25-0090-06
25-0090-07
25-0090-08
25-0090-09
LOT 91 - Washington Type
Ave Meter Number Zone
25-0091-01 Downtown Garage
25-0091-02
25-0091-03
LOT 92 - Park Plaza Meter Number Zone Type
25-0092-03 Downtown Garage
25-0092-04
25-0092-05
25-0092-06
25-0092-07
25-0092-08
TH
*LOT 93 4 & Type
Warren Meter Number Zone
25-0093-01 SE Off-street
25-0093-02
Page - 1
Amendment No. 7- Imperial Parking/Parking Enforcement Exhibit G
Exhibit G: CITY PAY METER LISTINGS AND PAYMENT METHODS BY LOCATION
th
LOT 94 5 & Warren Meter Number Zone Type
25-0094-01 SE Off-street
25-0094-02
LOT 95 - 4th & Park - Meter Number Zone SE Type
25-0095-01 Off-street
*LOT 96 - Burwell & Type
Warren Meter Number Zone
25-0096-01 SE Off-street
*LOT 97 -Chester & Type
Gregory - Meter Number Zone
25-0097-01 SE Off-street
*LOT 98 -5TH St. Meter Number Zone Type
25-0098-01 SE Off-street
*LOT 99 - Venetta & Type
4th Meter Number Zone
25-0099-01 SE Off-street
LOT 100 -4th & High Meter Number Zone Type
25-0100-01 SE Off-street
Page - 2
Amendment No. 7- Imperial Parking/Parking Enforcement Exhibit G
Exhibit G: CITY PAY METER LISTINGS AND PAYMENT METHODS BY LOCATION
Zone Name Parking types offered
Downtown Core on-street
off-street
residential permitted
NE on-street
residential permitted
NW on-street
residential permitted
SE on-street
off-street
residential permitted
SW on-street
residential permitted
Page - 3
Amendment No. 7- Imperial Parking/Parking Enforcement Exhibit G
INFORMATION ONLY ITEM
CITY OF BREMERTON
CITY COUNCIL
B1
SUBJECT: Study Session Date: March 22, 2023
Survey pursuant to BMC Section 2.03.010
Presenter: Charlotte Nelson
Phone: 360-473-5926
SUMMARY: Per B.M.C. 2.03.010, beginning this year, and every four (4) years thereafter, a salary
effective at the beginning of the next calendar year and any decrease to the base salary shall be
be by ordinance.
The survey has been
redone using the same comparable cities used by City Council in 2019 as requested by City Council
at the February 22, 2023, Study Session. Per Council request Deferred Compensation, Car
Allowance, Life and Long Term Disability and cell phone stipends are also included.
HANDOUTS: 1) Salary Survey Summary Updated 3/21/23 4:00 PM
STUDY SESSION AGENDA: No Presentation Full Presentation
Form Created 5/4/15
INFORMATION ONLY ITEM
CITY OF BREMERTON
B2
CITY COUNCIL
SUBJECT: Discussion on a Funding Source Study Session Date: March 22, 2023
for Public Safety Staffing
Presenter: Fire Chief Pat
McGanney and Police
Chief Tom Wolfe
Phone: 360 473-5381
SUMMARY: The Fire and Police Departments are continuing the discussion on a funding source for
public safety staffing.
HANDOUTS: 1) Powerpoint Presentation Added 3/21/23 9:10 AM
STUDY SESSION AGENDA: No Presentation Full Presentation
Form Created 5/4/15
-
305
-
except as provided in WAC 296
are present and equipped to provide
out)
out)
-
-
in/2
in/1
-
-
(2
(2
emergency scene, responders find a known rescue situation where immediate action could prevent the loss of life or serious injury, such action must only be permitted when no less than
three personnel emergency assistance or rescue of the team entering the hot zone. No exception must be (5) Firefighters must not engage in interior structural firefighting in the absence
of at least two standby firefighters 05002(4).
Today
Civilian:
Civilian:
From:City Council
To:City Council
Cc:Greg Wheeler; Mike Riley; Tom Wolfe; Patrick McGanney
Subject:FW: March 22 Study Session - DOR Review (Jennifer Chamberlin)
Date:Wednesday, March 22, 2023 6:53:51 PM
The following email with included link is being shared on behalf of Council Vice President Jennifer
Chamberlin…
From: Jennifer Chamberlin <Jennifer.Chamberlin@ci.bremerton.wa.us>
Sent: Wednesday, March 22, 2023 6:38 PM
To: City Council <City.Council@ci.bremerton.wa.us>
Subject: Fwd: DOR review
FYI re: regressive tax structure in WA. Conclusions include that property taxes are regressive and
harm the poorest in the community more. 16 references to property tax in this chapter.
Source: Department of Revenue “Key Conclusions from the Evaluation of the Current Washington
Tax Structure
“
https://dor.wa.gov/sites/default/files/2022-02/Chapter_4.pdf
Jennifer Chamberlin
District 1
Bremerton City Council Vice President
From:City Council
To:City Council
Cc:Greg Wheeler; Mike Riley; Tom Wolfe; Patrick McGanney
Subject:FW: March 22 Study Session - Regressive (Jennifer Chamberlin)
Date:Wednesday, March 22, 2023 6:56:09 PM
Attachments:Who-Pays_feature.png
The following email with included link is being shared on behalf of Council Vice President Jennifer
Chamberlin…
From: Jennifer Chamberlin <Jennifer.Chamberlin@ci.bremerton.wa.us>
Sent: Wednesday, March 22, 2023 6:42 PM
To: City Council <City.Council@ci.bremerton.wa.us>
Subject: Fwd: regressive
An analysis of best and worst practices for state taxation methods
Who Pays? 6th Edition
itep.org
Jennifer Chamberlin
District 1
Bremerton City Council Vice President
From:City Council
To:City Council
Cc:Greg Wheeler; Mike Riley; Tom Wolfe; Patrick McGanney
Subject:FW: March 22 Study Session - Defunding claims are not true (Jennifer Chamberlin)
Date:Wednesday, March 22, 2023 6:57:28 PM
The following email with included link is being shared on behalf of Council Vice President Jennifer
Chamberlin…
From: Jennifer Chamberlin <Jennifer.Chamberlin@ci.bremerton.wa.us>
Sent: Wednesday, March 22, 2023 6:44 PM
To: City Council <City.Council@ci.bremerton.wa.us>
Subject: Defunding claims are not true
An ABC media analysis that shows increased funding (despite defund claims) does not correlate to
decreased crime.
https://abcnews.go.com/US/defunding-claims-police-funding-increased-us-cities/story?id=91511971
Jennifer Chamberlin
District 1
Bremerton City Council Vice President
From:City Council
To:City Council
Cc:Greg Wheeler; Mike Riley; Tom Wolfe; Patrick McGanney
Subject:FW: March 22 Study Session - NPR Article "When you add more police..." (Jennifer Chamberlin)
Date:Wednesday, March 22, 2023 7:10:29 PM
The following email with included link is being shared on behalf of Council Vice President Jennifer
Chamberlin…
From: Jennifer Chamberlin <Jennifer.Chamberlin@ci.bremerton.wa.us>
Sent: Wednesday, March 22, 2023 7:02 PM
To: City Council <City.Council@ci.bremerton.wa.us>
Subject: When you add more police - NPR
NPR analysis: best practice when expanding police force is to add more person power towards
solving serious crimes rather than petty crimes. I.E more detectives rather than officers patrolling.
https://www.npr.org/sections/money/2021/04/20/988769793/when-you-add-more-police-to-a-
city-what-happens
Jennifer Chamberlin
District 1
Bremerton City Council Vice President
INFORMATION ONLY ITEM
CITY OF BREMERTON
B3
CITY COUNCIL
SUBJECT: Study Session Dates: March 22, 2023
Proposed Ordinance to Create Permanent
Race Equity/DEI Commission
Presenter: City Attorney
Kylie Finnell
Phone: (360) 473-5280
SUMMARY: This item was presented at the March 8, 2023 Study Session. There will now be an
opportunity for Council to discuss and ask questions regarding the proposed ordinance.
HANDOUTS:
1. Draft Ordinance (Legal comments & edits);
2. Draft Ordinance (REAC comments & edits);
3. Power Point Presentation;
4. King County Determinants of Equity Report; and
5. King County Equity & Social Justice 2016 -2022 Strategic Plan
STUDY SESSION AGENDA: Brief Presentation Full Presentation
Form Created 5/4/15
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. ________.
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. ________.
led,
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Race Equity Advisory
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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.
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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.
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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
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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?
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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
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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
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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?
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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
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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
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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
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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.
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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
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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
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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
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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.
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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
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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.
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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
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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?
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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
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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
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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.
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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
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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.
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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.
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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
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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.
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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.
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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.
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Neighborhoods
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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
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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
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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.
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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.
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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
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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
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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,
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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.
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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.
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King County Committee to End Homelessness. Retrieved from: http://www.cehkc.org/Scope.aspx
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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.
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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
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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.
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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).
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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
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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?
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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
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Booth, Ayers & Marsiglia, 2012; McDo
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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.
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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.
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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).
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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.
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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
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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.
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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.
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Figure 121
Figure 122
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Figure 123 Figure 124
Figure 125
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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.
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Office of Juvenile Justice and Delinquency Prevention
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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,
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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
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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
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The form of this question changed in the 2011 survey and as such no trends are available.
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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.
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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.
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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
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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-
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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
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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.
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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
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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
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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
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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
-
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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
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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
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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
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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.
Prevention Quality Indicators A set of indicators that looks at
hospitalizations that are
potentially preventable with good
outpatient/preventative care.
May be another measure for
access to care.
184| King County Determinants of Equity Baseline Project
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47
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51
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57
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6262
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79
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INFORMATION ONLY ITEM
CITY OF BREMERTON
CITY COUNCIL
C3
SUBJECT: Budget Content Study Session Date: March 22, 2023
Considerations Memo (Continued discussion
Audit Committee Chair
from March 8, 2023 Study Session)
Presenter: Anna Mockler
Phone: (360) 473-5280
SUMMARY:
March 8, 2023 Study Session. Council will now have an opportunity to discuss and ask questions
regarding this now completed audit project.
HANDOUTS: 1) Budget Content/Process Considerations Memo
STUDY SESSION AGENDA: Brief Presentation Full Presentation
Form Created 5/4/15
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INFORMATION ONLY ITEM
CITY OF BREMERTON
C4
CITY COUNCIL
SUBJECT: Proposal to pursue new Study Session Date: March 22, 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
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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 LƓźƷźğƷźǝĻƭŷğƷ {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 {99b 9bLwhba9b
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.
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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)
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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)