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Home My WebLink About09-03-2013 FINANCE COMMITTEE PACKET Finance Committee September 3, 2013 - 5:30 PM Annex Conference Room 1 AGENDA I.CALL TO ORDER A.Roll Call B.Announcements C.Agenda Modifications II.CONSENT AGENDA A. August 19, 2013 Regular Meeting Minutes* B. Claims Vouchers* (Coleman) Claims voucher numbers 424846 through 425097 in the amount of $2,296,606.54 and wire transfers in the amount of $2,049.00 and dated September 3, 2013. C. Payroll Vouchers (Coleman) Payroll check numbers 534048 through 534081 in the amount of $307,488.78 electronic deposit transmissions in the amount of $1,278,059.99 for a grand total of $1,585,548.77 for the period covering August 15, 2013 to August 28, 2013. III.RESOLUTIONS A. Resolution No. 4985* (Faber) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an agreement between the City of Auburn and King County accepting grant funds for youth sports facilities IV.DISCUSSION ITEMS A. Theater Lease* (Coleman) B. Proceeds from Property Sales* (Coleman) C. Ordinance No. 6476* (Dixon) An Ordinance of the City Council of the City of Auburn, Washington, amending section 16.10.110 of the Auburn City Code relating to the location of critical area mitigation D. Ordinance No. 6477* (Chamberlain) An Ordinance of the City Council of the City of Auburn, Washington amending Title 5, Business and Licenses Regulations, and Title 18, Zoning, related to rental housing E. Ordinance No. 6478* (Chamberlain) An Ordinance of the City Council of the City of Auburn, Washington, amending Page 1 of 293 Section 18.57.030 of the Auburn City Code related to the C-1 Light Commercial Zone and Mixed-Use Development Standards F. Resolution No. 4986* (Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute agreements between the City of Auburn and Cascade Water Alliance for the purchase and sale of credits relating to permanent and reserve wholesale water supply capacity V.ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. *Denotes attachments included in the agenda packet. Page 2 of 293 AGENDA BILL APPROVAL FORM Agenda Subject: August 19, 2013 Regular Meeting Minutes Date: August 26, 2013 Department: Administration Attachments: Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff: Meeting Date:September 3, 2013 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A Page 3 of 293 Finance Committee August 19, 2013 - 5:30 PM Annex Conference Room 1 MINUTES I. CALL TO ORDER Chair John Partridge called the meeting to order at 5:30 p.m. in Annex Conference Room 1 located on the second floor of the City Hall Annex at One East Main Street in Auburn. A. Roll Call Chair John Partridge, Vice Chair Largo Wales, and Member John Holman were present. City officials and staff members present: Mayor Peter B. Lewis, Deputy Mayor Nancy Backus, City Attorney Daniel B. Heid, Finance Director Shelley Coleman, Public Works Director Dennis Dowdy, Emergency Management Manager Sarah Miller, and City Clerk Danielle Daskam. Also present was Scot Pondelick. B. Announcements There was no announcement. C. Agenda Modifications There was no change to the agenda. II. CONSENT AGENDA A. Minutes of the August 5, 2013 Regular Meeting Member Holman moved and Vice Chair Wales seconded to approve the August 5, 2013 minutes. MOTION CARRIED UNANIMOUSLY. 3-0 B. Claims Vouchers (Coleman) Claims voucher numbers 424588 through 424845 in the amount of $3,893,810.39 and dated August 19, 2013. Committee members reviewed claims and payroll vouchers and briefly discussed claims vouchers 424689, 424700, 424752, 424591, 424621, 424642, 424799 and 424811. Finance Director Coleman Page 1 of 4 CA.A Page 4 of 293 distributed a copy of the procurement card summary for Committee review. Vice Chair Wales requested that a future agenda include discussion of the Auburn Avenue Theater lease. Vice Chair Wales moved and Member Holman seconded to approve and forward the claims and payroll vouchers to the full Council for consideration. MOTION CARRIED UNANIMOUSLY. 3-0 C. Payroll Vouchers (Coleman) Payroll check numbers 534009 through 534047 in the amount of $890,547.11 and electronic deposit transmissions in the amount of $1,227,540.81 for a grand total of $2,118,087.92 for the period covering August 1, 2013 to August 14, 2013. See claims vouchers above for approval of payroll vouchers. III. DISCUSSION ITEMS A. June 2013 Financial Report (Coleman) Finance Director Shelley Coleman presented the June 2013 Financial Report. The General Fund revenues totaled $27.7 million and exceeded the budget by $1.4 million primarily due to increases in building permit revenues, sales tax revenues and City utility tax revenues. General Fund expenditures were below budget by $3.0 million, primarily due to timing of payments. During the month of June, 460 pet licenses were sold, compared to 466 in 2012. To date, 2,619 licenses have been sold generating $77,295 in revenue, compared to 2,991 licenses sold in 2012. In response to questions regarding levels of pet sales, Director Coleman responded that the approximate $240,000 annual payment to the Auburn Valley Humane Society was the amount suggested by the Auburn area veterinarians to sustain an Auburn animal control and licensing program. It is estimated that King County sold approximately 7,000 licenses in 2012. The 2013 Budget revenue goal is $96,000. Director Coleman noted the Sewer Fund ended with a $392,100 operating loss (compared to an operating loss of $812,300 the previous year, excluding Metro). The Golf Course Fund ended the period with an operating loss of $239,200 compared to an operating loss of $296,100 for the same period last year and reflects an improvement in the year-to-date rounds played (22,195 compared to 20,089 for the same period last year). Page 2 of 4 CA.A Page 5 of 293 Mayor Lewis noted the Cemetery sales have slowed and the status of the fund is being watched closely. All enterprise funds are under a cost-of-service study. Finance Director Coleman explained the comparison of 2013 year-to- date budget versus actual is a comparison of the 2013 year-to-date to a three-year rolling average of actual budget. Finance Director Coleman explained the Non-departmental Fund includes the City's reserves, pending retirement funds, contingencies, LEOFF 1 medical, and segregated funds for particular projects. Member Holman noted court, probation and SCORE expenses are in a favorable savings status. Finance Director Coleman also added next year the City can anticipate savings of an additional $1.5 million in jail costs and $1.5 million in court costs. The transition costs for King County District Court are included in the Non- departmental Fund. Vice Chair Wales noted an increase in sales tax collection from the manufacturing industry compared to the warehousing industry classification. Chair Partridge stated that a future date will be set for discussion of the proceeds from property sales and the Auburn Avenue Theater lease. Vice Chair Wales reported the Les Gove Community Campus Committee may bring a draft ordinance relating to the proceeds from future property sales. B. Resolution No. 4980 (Dowdy) A Resolution of the City Council of the City of Auburn, Washington, formally accepting a grant from the Washington State Military Department in the amount of Fifty Eight Thousand Four Hundred Thirteen Dollars and no cents ($58,413.00) from the United States Department of Homeland Security Emergency Management Performance Grant Program and authorizing the Mayor and City Clerk to execute the necessary agreements to accept said funds Emergency Preparedness Manager Sarah Miller presented Resolution No. 4980, which authorizes the acceptance of an Emergency Management Performance Grant from Homeland Security. The grant provides funding for emergency management program activities and will be used for planning activities, providing public education activities, supporting temporary staff, and purchasing supplies. The grant amount is $58,413.00. IV. ADJOURNMENT Page 3 of 4 CA.A Page 6 of 293 There being no further business to come before the Committee, the meeting adjourned at 6:26 p.m. APPROVED this _____ day of September, 2013. ___________________________ _________________________ John Partridge, Chair Danielle Daskam, City Clerk Page 4 of 4 CA.A Page 7 of 293 AGENDA BILL APPROVAL FORM Agenda Subject: Claims Vouchers Date: August 26, 2013 Department: Administration Attachments: vouchers Budget Impact: $0 Administrative Recommendation: approve claims vouchers Background Summary: Claims voucher numbers 424846 through 425097 in the amount of $2,296,606.54 and wire transfers in the amount of $2,049.00 and dated September 3, 2013. Reviewed by Council Committees: Councilmember:Staff:Coleman Meeting Date:September 3, 2013 Item Number:CA.B AUBURN * MORE THAN YOU IMAGINEDCA.B Page 8 of 293 08/28/2013 Voucher List City of Auburn 1 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 131 8/8/2013 391840 WA STATE DEPT OF LICENSING LICENSES CONCEALED PISTOL LICENSES 651.237.104 720.00 Total : 720.00 132 8/14/2013 391840 WA STATE DEPT OF LICENSING LICENSES CONCEALED PISTOL LICENSES 651.237.104 513.00 Total : 513.00 133 8/23/2013 391840 WA STATE DEPT OF LICENSING LICENSES CONCEALED PISTOL LICENSES 651.237.104 816.00 Total : 816.00 424846 8/27/2013 022630 CHRISTIAN FAITH CENTER LEASE/DEPOSIT PAYMENT ON BEHALF OF V-NET 652.00.521.212.45 10,000.00 Total : 10,000.00 424847 9/3/2013 016804 3 WIRE GROUP SERVICE 1110969 Stove range repair at Senior Center 505.00.524.500.48 353.19 1111372 Equipment Repair at Senior Center 505.00.524.500.48 1,796.58 Total : 2,149.77 424848 9/3/2013 018176 3M COMPANY SS21299 ALPR Annual Maintenance 518.00.518.880.48 300.00 Total : 300.00 424849 9/3/2013 013986 AD SPECIALTIES & PROMOTIONS 18722 Grant Funded-mini flashlights 001.32.525.100.49 630.00 1Page:CA.B Page 9 of 293 08/28/2013 Voucher List City of Auburn 2 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 424849 9/3/2013 (Continued)013986 AD SPECIALTIES & PROMOTIONS Grant Funded-Art set up 001.32.525.100.49 50.00 freight 001.32.525.100.49 17.91 Sales Tax 001.32.525.100.49 66.31 Total : 764.22 424850 9/3/2013 111620 ADVANCED SAFETY & FIRE SERVICE 133742 FIRE EXTINGUISHER SERVICE & 550.00.548.100.48 88.26 Total : 88.26 424851 9/3/2013 002878 ADVANTAGE GRAPHICS, INC 12653 large quantity printing jobs 518.00.518.780.41 189.31 ADDITIONAL USE TAX 518.00.518.780.41 1.22 ADDITIONAL USE TAX 518.237.200 -1.22 12657 Printing services for large scale jobs 518.00.518.780.41 146.88 ADDTIONAL USE TAX 518.00.518.780.41 0.95 ADDITIONAL USE TAX 518.237.200 -0.95 Total : 336.19 424852 9/3/2013 115190 AGRI SHOP, INC 30204/1 GOLF COURSE TOOLS AND ACCESSORIES 437.00.576.600.31 22.92 30227/1 35 HP DEBRIS LOADER AND DL TRAILER KIT 001.33.576.100.64 7,026.06 2Page:CA.B Page 10 of 293 08/28/2013 Voucher List City of Auburn 3 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 7,048.98 424852 9/3/2013 115190 115190 AGRI SHOP, INC 424853 9/3/2013 005768 AIRPORT MANAGEMENT GROUP, LLC 5858 2013 MGMT SERVICES AT AIRPORT~ 435.00.546.100.41 35,903.73 Total : 35,903.73 424854 9/3/2013 111950 ALBERTSONS LLC 6030375100035408 SENIOR CENTER SUPPLIES 001.33.574.210.31 93.50 TEEN SUPPLIES 001.33.574.240.31 54.41 TEEN TRIP THING SUPPLIES 001.33.574.240.31 74.20 TEEN SUPPLIES 001.33.574.240.31 32.94 SPECIALIZED REC SUPPLIES 001.33.574.240.31 26.70 DAYCAMP SUPPLIES 001.33.574.240.31 8.97 TEEN TRIP THING SUPPLIES 001.33.574.240.31 123.09 SPECIALIZED REC SUPPLIES 001.33.574.240.31 11.66 COOKING CLUB SUPPLIES 001.33.574.240.31 41.92 DROP IN CAMP SUPPLIES 001.33.574.240.31 5.14 SPECIALIZED REC SUPPLIES 001.33.574.240.31 43.25 DAYCAMP SUPPLIES 001.33.574.240.31 33.32 TEEN TRIP THING SUPPLIES 001.33.574.240.31 74.14 DROP IN CAMP SUPPLIES 001.33.574.240.31 10.94 3Page:CA.B Page 11 of 293 08/28/2013 Voucher List City of Auburn 4 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 424854 9/3/2013 (Continued)111950 ALBERTSONS LLC TEEN SUPPLIES 001.33.574.240.31 38.36 TEEN TRIP THING SUPPLIES 001.33.574.240.31 5.58 DROP IN SUPPLIES 001.33.574.240.31 38.22 SPECIALIZED REC SUPPLIES 001.33.574.240.31 270.92 SPORTS CAMP SUPPLIES 001.33.574.240.31 21.88 DAYCAMP SUPPLIES 001.33.574.240.31 63.19 DROP IN SUPPLIES 001.33.574.240.31 17.45 DAYCAMP SUPPLIES 001.33.574.240.31 33.48 TEEN TRIP THING SUPPLIES 001.33.574.240.31 126.25 SPECIALIZED REC SUPPLIES 001.33.574.240.31 37.94 TEEN TRIP THING SUPPLIES 001.33.574.240.31 87.97 Total : 1,375.42 424855 9/3/2013 001665 ALLIANCEONE RECEIVABLES MGMT 709107 District Court judgement and order to 651.237.908 78.96 Total : 78.96 424856 9/3/2013 112610 ALPINE PRODUCTS INC TM-134246 TRAFFIC SAFETY SUPPLIES ON AN AS 001.42.542.300.31 546.95 TM-134381 TRAFFIC SAFETY SUPPLIES ON AN AS 001.42.542.300.31 -546.95 4Page:CA.B Page 12 of 293 08/28/2013 Voucher List City of Auburn 5 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 424856 9/3/2013 (Continued)112610 ALPINE PRODUCTS INC TM-134571 Misc Supplies - Project No. CP0909, 430.00.590.100.65 46.54 Total : 46.54 424857 9/3/2013 112910 AMERICAN HOSE & FITTINGS, INC A61510-001 900' of sewer jetting hose for truck 431.00.535.800.35 2,126.11 Sales Tax 431.00.535.800.35 201.98 Total : 2,328.09 424858 9/3/2013 002431 AMERICAN REPROGRAPHICS CO 03-533374 Copies of Plans & Specs Guardrail Proj 102.00.594.420.65 361.99 Total : 361.99 424859 9/3/2013 013835 AMERICAN SOLUTION FOR BUSINESS INV01461425 City of Auburn Logo Apparel for Mayor's 001.11.513.100.49 161.20 INV01465058 City of Auburn Logo Apparel for Mayor's 001.11.513.100.49 55.30 Total : 216.50 424860 9/3/2013 018183 ANDERSON, RONALD W.080913INV POLICE BACKGROUND INVESTIGATIONS - 001.13.516.710.41 650.00 081013INV POLICE BACKGROUND INVESTIGATIONS - 001.13.516.710.41 650.00 Total : 1,300.00 424861 9/3/2013 393720 ARAMARK UNIFORM SERVICES 655-6942779 Rubber Mat Service for City Facilities 505.00.524.500.41 10.95 5Page:CA.B Page 13 of 293 08/28/2013 Voucher List City of Auburn 6 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 424861 9/3/2013 (Continued)393720 ARAMARK UNIFORM SERVICES 655-6942780 Rubber Mat Service for City Facilities 505.00.524.500.41 23.52 655-6942781 Rubber Mat Service for City Facilities 505.00.524.500.41 10.95 655-6954574 Rubber Mat Service for City Facilities 505.00.524.500.41 10.95 655-6954575 Rubber Mat Service for City Facilities 505.00.524.500.41 23.52 655-6954576 Rubber Mat Service for City Facilities 505.00.524.500.41 10.95 Total : 90.84 424862 9/3/2013 007593 ASTRA INDUSTRIAL SERV INC 00132676 BACKFLOW ASSEMBLY REPAIR ON AN AS 430.00.534.800.35 50.60 Total : 50.60 424863 9/3/2013 022014 AT PRODUCTIONS AUG0613INV Lighting Services at Auburn Ave. Theater 001.33.573.901.41 400.00 Total : 400.00 424864 9/3/2013 114710 AUBURN CHAMBER OF COMMERCE 23863A 9/2013 tourism svcs & visitor info 104.00.557.300.41 3,750.00 9/2013 tourism svcs & visitor info 001.98.558.100.49 3,333.34 Total : 7,083.34 424865 9/3/2013 115550 AUBURN SCHOOL DIST #408 JULY2013 6Page:CA.B Page 14 of 293 08/28/2013 Voucher List City of Auburn 7 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 424865 9/3/2013 (Continued)115550 AUBURN SCHOOL DIST #408 JULY 2013 SCHOOL IMPACT FEES 124.237.173 214,955.91 Total : 214,955.91 424866 9/3/2013 115730 AUBURN TRAVEL FUND 3183 PER DIEM - S KOLZOW, COBAN CONF IN 518.00.518.880.43 127.80 3209 PER DIEM - J HOLMAN, NLC MTG IN RANCHO 001.11.511.600.43 140.00 Total : 267.80 424867 9/3/2013 022596 AUBURN VALLEY CREATIVE ARTS 081413INV Hand-on Art Activities at International 001.33.573.201.41 500.00 Total : 500.00 424868 9/3/2013 006120 AVIDEX INDUSTRIES, LLC 033898 Council Chambers AV Equipment 518.00.518.880.64 36,839.52 Mayor's Office 262 & Conf. Room 263 518.00.518.880.64 13,625.52 Conference Room 275 AV Equipment 518.00.518.880.64 18,623.82 HR Conference Room 250 Equipment 518.00.518.880.64 5,465.52 Digital Signage and IPTV System 518.00.518.880.64 5,403.77 Golf Course Equipment 518.00.518.880.64 17,141.57 Sales Tax 518.00.518.880.64 9,224.47 Total : 106,324.19 424869 9/3/2013 021632 BARGMANN ENTERPRISES LLC REFUND 7Page:CA.B Page 15 of 293 08/28/2013 Voucher List City of Auburn 8 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 424869 9/3/2013 (Continued)021632 BARGMANN ENTERPRISES LLC HYDRANT DEPOSIT, PERMIT HYD12-0019 430.399.501 1,449.00 Total : 1,449.00 424870 9/3/2013 022598 BAYLOR, MARCELLO 081813PERF COOKING DEMONSTRATION @ AUBURN'S 001.33.573.901.41 250.00 Total : 250.00 424871 9/3/2013 013143 BERSCHAUER PHILLIPS REFUND OVERPAYMENT, PERMIT HYD05-0035 430.343.431 60.00 Total : 60.00 424872 9/3/2013 021848 B-FORCE PROTECTION SECURITY 0178 AUGUST PARKS SECURITY 001.33.576.100.41 1,750.00 Total : 1,750.00 424873 9/3/2013 022262 BIRSE, GORDON G 090813PERF ENTERTAINMENT FOR THE AUBURN'S INT'L 001.33.573.201.41 250.00 Total : 250.00 424874 9/3/2013 020033 BLUE LINE TRAINING LLC 938 REGISTRATION FOR CRIME SCENE MANAGEMENT 001.21.521.200.49 99.00 941 REGISTRATION FOR CRIME SCENE MANAGEMENT 001.21.521.200.49 99.00 Total : 198.00 424875 9/3/2013 122490 BLUMENTHAL UNIFORM CO, INC 11411-03 SHIRT; ALTERATIONS ON UNIFORM SHIRT; 001.21.521.200.22 147.16 11472 8Page:CA.B Page 16 of 293 08/28/2013 Voucher List City of Auburn 9 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 424875 9/3/2013 (Continued)122490 BLUMENTHAL UNIFORM CO, INC B. MERTENS - PATROL VEST~ 001.21.521.200.22 870.53 13029-01 B. LEE - SHORT SLEEVE SHIRTS (QTY 2); 001.21.521.100.22 250.10 14434 TIE (T. LUCE)~ 001.21.521.200.22 11.99 14434-01 T. LUCE - TIE BAR W/SEAL~ 001.21.521.200.22 25.62 15791 BOOTS (K. BEAR)~ 001.21.521.200.22 98.54 16573 TIE (J. RHEA)~ 001.21.521.200.22 11.99 16884 S. STOCKER - DUTY BELT~ 001.21.521.210.22 38.27 17146 J. HAMIL - BOOTS & DUTY BELT~ 001.21.521.200.22 301.41 990938-80 ALTERATIONS ON TWO UNIFORM SHIRTS (T. 001.21.521.200.22 26.28 996465 PATROL VEST (E. REETZ)~ 001.21.521.200.22 870.53 Total : 2,652.42 424876 9/3/2013 014808 BONNEY LAKE BICYCLE INC.5996 GLOVES (S. BENNETT)~ 001.21.521.200.22 43.52 7528 9Page:CA.B Page 17 of 293 08/28/2013 Voucher List City of Auburn 10 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 424876 9/3/2013 (Continued)014808 BONNEY LAKE BICYCLE INC. HOT SHOT LIGHT (QTY 2); M520 PEDALS 001.21.521.200.22 217.38 7529 FOX HELMET (QTY 2)~ 001.21.521.200.22 217.49 Total : 478.39 424877 9/3/2013 022622 BRAYLEY, JASON & SHAWNA 063699 UTILITY REFUND 431.233.100 190.88 UTILITY REFUND 433.233.100 95.81 Total : 286.69 424878 9/3/2013 014566 BRICKMAN GROUP LTD, LLC 5122801511 MONTLY LAWN CARE/CLEAN-UP AT LINEAL 001.33.576.100.41 1,571.33 5122801513 MONTHLY LAWN CARE/CLEAN-UP AT LINEAL 001.33.576.100.41 3,374.31 MONTLY LAWN CARE/CLEAN-UP AT LINEAL 001.33.576.100.41 1,803.67 Total : 6,749.31 424879 9/3/2013 015076 BUILDERS EXCHANGE OF WA, INC.1038220 Publish Project Online ~ 105.00.595.100.65 58.85 Total : 58.85 424880 9/3/2013 019143 BUNO CONSTRUCTION LLC 10-23/#22 LAKELAND HILLS BOOSTER PUMP STA IMPRVMTS 430.00.590.100.65 20,908.07 Total : 20,908.07 424881 9/3/2013 019932 BURRUM, RACHAEL 062813REIMB 10Page:CA.B Page 18 of 293 08/28/2013 Voucher List City of Auburn 11 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 424881 9/3/2013 (Continued)019932 BURRUM, RACHAEL MILEAGE REIMB 6/6-6/28 001.33.575.300.43 50.68 Total : 50.68 424882 9/3/2013 130510 CALDWELL, BRUCE LEOFF080813 LEOFF 1 PHARMACY REIMBURSEMENT CLAIM 001.98.517.210.25 277.74 Total : 277.74 424883 9/3/2013 131540 CASH & CARRY 118841 CANDY, CHIPS AND COFFEE SUPPLIES 437.00.576.680.34 61.37 SNACKS AND SUPPLIES FOR RESALE 437.00.576.680.34 84.87 Total : 146.24 424884 9/3/2013 370450 CENTURYLINK 090313PHONES PHONE USAGE AUGUST 2013 518.00.518.880.42 188.99 PHONE USAGE AUGUST 2013 505.00.524.500.42 46.52 PHONE USAGE AUGUST 2013 431.00.535.800.42 1,105.74 PHONE USAGE AUGUST 2013 436.00.536.100.42 4.03 PHONE USAGE AUGUST 2013 434.00.537.100.42 4.03 PHONE USAGE AUGUST 2013 430.00.534.100.42 8.05 PHONE USAGE AUGUST 2013 550.00.548.100.42 4.03 PHONE USAGE AUGUST 2013 430.00.534.800.42 1,245.04 PHONE USAGE AUGUST 2013 432.00.535.900.42 464.12 11Page:CA.B Page 19 of 293 08/28/2013 Voucher List City of Auburn 12 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 424884 9/3/2013 (Continued)370450 CENTURYLINK PHONE USAGE AUGUST 2013 437.00.576.680.42 327.32 Total : 3,397.87 424885 9/3/2013 370450 CENTURYLINK REFUND WITHDREW PERMIT, EXC13-0124, PARTIAL 001.322.410 254.00 Total : 254.00 424886 9/3/2013 132310 CH2M HILL 3859096 M Street SE Grade Separation, 102.00.594.420.65 65,821.18 M Street SE Grade Separation~ 102.00.594.420.65 5,452.43 Total : 71,273.61 424887 9/3/2013 132940 CINTAS CORPORATION #461 461310017 UNIFORM LAUNDRY SERVICE ON AN AS 550.00.548.100.49 130.98 461313099 UNIFORM LAUNDRY SERVICE ON AN AS 550.00.548.100.49 130.98 Total : 261.96 424888 9/3/2013 115760 CITY OF AUBURN 090313UTILITIES UTILITIES: JULY 2013 WATER/SEWER/STORM 505.00.524.500.47 496.96 UTILITIES: JULY 2013 WATER/SEWER/STORM 001.33.576.100.47 13,099.62 UTILITIES: JULY 2013 WATER/SEWER/STORM 001.42.542.300.47 120.86 UTILITIES: JULY 2013 WATER/SEWER/STORM 431.00.535.800.47 224.17 UTILITIES: JULY 2013 WATER/SEWER/STORM 430.00.534.800.47 308.84 12Page:CA.B Page 20 of 293 08/28/2013 Voucher List City of Auburn 13 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 424888 9/3/2013 (Continued)115760 CITY OF AUBURN UTILITIES: JULY 2013 WATER/SEWER/STORM 432.00.535.900.47 112.32 UTILITIES: JULY 2013 WATER/SEWER/STORM 321.00.576.802.65 52.49 Total : 14,415.26 424889 9/3/2013 022511 CITY OF AUBURN REVENUE OFFICE REFUND PAYMENT IN ERROR 001.263.900 309.92 Total : 309.92 424890 9/3/2013 001627 CITY OF FEDERAL WAY MS-3535 Development of the Spillman-Tiburon 518.00.518.880.49 10,950.00 Total : 10,950.00 424891 9/3/2013 022602 CLEAN HARBORS REFUND PAYMENT IN ERROR 001.263.900 3,819.03 Total : 3,819.03 424892 9/3/2013 012351 COCA COLA BOTTLING - NW DIV 4157304313 SOFT DRINKS FOR RESALE 437.00.576.680.34 1,148.03 Total : 1,148.03 424893 9/3/2013 011708 CONSOLIDATED PRESS PRINTING 8156 Printing of Fall 2013 PAR Rec Guide 518.00.518.780.41 10,324.68 9680 Printing of 2013-14 BRAVO Brochure (PAR) 518.00.518.780.41 9,784.74 Total : 20,109.42 424894 9/3/2013 134762 COSGROVE, PATRICIA 062813REIMB MILEAGE REIMB 6/4-6/28 13Page:CA.B Page 21 of 293 08/28/2013 Voucher List City of Auburn 14 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 424894 9/3/2013 (Continued)134762 COSGROVE, PATRICIA 001.33.575.300.43 102.27 073113REIMB MILEAGE REIMB 7/3-7/31 001.33.575.300.43 54.24 Total : 156.51 424895 9/3/2013 021702 CRAWFORD CODRINGTON LEGAL PLLC 002 City of Auburn v Michelle Flatum~ 001.13.516.100.41 125.00 City of Auburn v Anthony Bennett~ 001.13.516.100.41 125.00 Total : 250.00 424896 9/3/2013 140330 DAILY JOURNAL OF COMMERCE 3278560 LEGAL AD FOR PROJECT CP0912 CITYWIDE 102.00.594.420.65 482.60 3278794 Legal Ad for Visioning RFQ ad #301166 001.15.514.300.44 296.10 Total : 778.70 424897 9/3/2013 022619 DEVINK, HEATHER 054416 UTILITY REFUND 431.233.100 60.85 Total : 60.85 424898 9/3/2013 141600 DIERINGER SCHOOL DIST JULY2013 JULY 2013 SCHOOL IMPACT FEES 124.237.171 3,005.00 Total : 3,005.00 424899 9/3/2013 022615 DLUHOSH, ESTATE OF MIRIAM 032663 UTILITY REFUND 430.233.100 189.27 Total : 189.27 14Page:CA.B Page 22 of 293 08/28/2013 Voucher List City of Auburn 15 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 424900 9/3/2013 142160 DODD, JOHN 080113LEOFF LEOFF 1 PHARMACY REIMBURSEMENT CLAIM 001.98.522.210.25 526.20 Total : 526.20 424901 9/3/2013 142280 DON SMALL & SONS OIL DIST CO 284472 PETROLEUM PRODUCTS ON AN AS REQUIRED 550.00.548.680.32 71.27 Total : 71.27 424902 9/3/2013 005743 DOOLEY ENTERPRISES 48818 PATROL AMMO: 9MM DUTY AMMO (1K); 40 001.21.521.200.35 6,345.00 Total : 6,345.00 424903 9/3/2013 022627 DUBECK, PAUL & TERESA 073479 UTILITY REFUND 430.233.100 126.42 Total : 126.42 424904 9/3/2013 003968 DUNBAR ARMORED INC 3271482 JULY ARMORED CAR SERV / PARKS 001.33.574.100.41 499.99 AUG ARMORED CAR SERV / PARKS 001.33.574.100.41 502.78 3271713 ARMORED CAR SERVICES FOR THE GOLF COURSE 437.00.576.680.41 724.43 Total : 1,727.20 424905 9/3/2013 014095 DYNAMIC BRANDS 836987 PULL CARTS, GOLF BAGS AND TOWELS 437.00.576.680.34 -171.00 842497 PULL CARTS, GOLF BAGS AND TOWELS 437.00.576.680.34 801.60 844730 15Page:CA.B Page 23 of 293 08/28/2013 Voucher List City of Auburn 16 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 424905 9/3/2013 (Continued)014095 DYNAMIC BRANDS PULL CARTS, GOLF BAGS AND TOWELS 437.00.576.680.34 743.27 Total : 1,373.87 424906 9/3/2013 150385 ECOLIGHTS NORTHWEST, LLC 118586 RECYCLE OF FLOURESCENT BULBS & STREET 001.32.532.200.49 404.00 Total : 404.00 424907 9/3/2013 022607 EVANS, EZEKIAL & STEPHANIE 012374 UTILITY REFUND 433.233.100 38.65 Total : 38.65 424908 9/3/2013 013660 EXTEND NETWORKS, INC 13-13210 Dell EqualLogic PS6100E, Cost 518.00.518.880.64 21,890.79 Dell EqualLogic PS6100E ProSupport NBD, 518.00.518.880.64 6,619.40 freight 518.00.518.880.64 51.12 Sales Tax 518.00.518.880.64 2,713.32 Total : 31,274.63 424909 9/3/2013 013069 FEDERAL WAY SCHOOL DISTRICT JULY2013 JULY 2013 SCHOOL IMPACT FEES 124.237.174 3,393.00 Total : 3,393.00 424910 9/3/2013 022595 FIGUEROA, ERENDIDA LETICIA 081313INV Translation services at the Latino 001.17.557.200.41 100.00 Total : 100.00 424911 9/3/2013 161085 FIRST AMERICAN TITLE INS CO 874-420970521 16Page:CA.B Page 24 of 293 08/28/2013 Voucher List City of Auburn 17 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 424911 9/3/2013 (Continued)161085 FIRST AMERICAN TITLE INS CO Title Work Charges1414 M St SE~ 102.00.594.420.65 492.75 874-420970532 Title Work Charges 3245 AWS~ 102.00.594.420.65 492.75 874-420970537 Title Work Charges 3235 AWS~ 102.00.594.420.65 602.25 Total : 1,587.75 424912 9/3/2013 161085 FIRST AMERICAN TITLE INS CO 874-W2013-28919 RECORDING FEES INVOICE #874-w2013-28919 001.15.514.300.49 169.00 Total : 169.00 424913 9/3/2013 005710 FISHER, FRED 082013LEOFF LEOFF 1 PHARMACY REIMBURSEMENT CLAIM 001.98.522.220.25 90.00 Total : 90.00 424914 9/3/2013 022505 FITZGERALD, JONATHAN 069704 UTILITY REFUND 430.233.100 156.69 Total : 156.69 424915 9/3/2013 022611 FOREMAN, ESTATE OF DOUG 026829 UTILITY REFUND 430.233.100 21.82 Total : 21.82 424916 9/3/2013 162400 FRONTIER CLEANERS APRIL2013 APRIL 2013 DRY CLEANING FOR PD 001.21.521.100.41 955.57 MARCH2013 MARCH 2013 DRY CLEANING FOR PD 001.21.521.100.41 1,003.75 17Page:CA.B Page 25 of 293 08/28/2013 Voucher List City of Auburn 18 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 1,959.32 424916 9/3/2013 162400 162400 FRONTIER CLEANERS 424917 9/3/2013 021068 G.A. JORGENSEN COMPANY 5434REV 3ea 6' standard c-curbing painted 001.42.542.300.35 297.00 1ea 4' bull nose painted traffic yellow 001.42.542.300.35 106.00 Sales Tax 001.42.542.300.35 38.29 Total : 441.29 424918 9/3/2013 004550 GAMEWORKS 201-2762 2 HOUR UNLIMITED GAME PLAY FOR TEEN 001.33.574.240.49 17.00 Total : 17.00 424919 9/3/2013 016101 GEIST, KENNETH RICK 38856 AIKIDO CLASSES/SPRING AND SUMMER 001.33.574.240.41 200.00 Total : 200.00 424920 9/3/2013 022600 GLYNN, CHRIS 1661065 PARKS REFUND 001.347.699 860.00 Total : 860.00 424921 9/3/2013 017578 GOLDER ASSOCIATES INC.360371 WELL ONE IMPROVEMENTS-DESIGN~ 430.00.590.100.65 8,002.76 360614 FULLMER WELLFIELD IMPROVEMENTS-DESIGN~ 430.00.590.100.69 90,137.49 Total : 98,140.25 424922 9/3/2013 012454 GOODBYE GRAFFITI SEATTLE 18525 REMOVAL OF GRAFFITI AT VARIOUS PARKS 001.33.576.100.41 390.92 18Page:CA.B Page 26 of 293 08/28/2013 Voucher List City of Auburn 19 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 390.92 424922 9/3/2013 012454 012454 GOODBYE GRAFFITI SEATTLE 424923 9/3/2013 171620 GOSNEY MOTOR PARTS, INC 586386 MOTOR PARTS ON AN AS REQUIRED BASIS 550.00.548.100.35 328.48 586618 EQUIPMENT SUPPLIES 437.00.576.600.31 46.48 586976 6810A-MOTOR PARTS ON AN AS REQUIRED 550.00.548.680.35 51.88 587159 6810A-MOTOR PARTS ON AN AS REQUIRED 550.00.548.680.35 178.81 587382 MOTOR PARTS ON AN AS REQUIRED BASIS 550.141.100 474.26 587383 MOTOR PARTS ON AN AS REQUIRED BASIS 550.141.100 48.88 587384 MOTOR PARTS ON AN AS REQUIRED BASIS 550.141.300 96.58 587396 P026H-MOTOR PARTS ON AN AS REQUIRED 550.00.548.680.35 15.64 587420 MOTOR PARTS ON AN AS REQUIRED BASIS 550.00.548.100.35 164.24 587444 MOTOR PARTS ON AN AS REQUIRED BASIS 550.00.548.100.35 164.24 58763 P019D-MOTOR PARTS ON AN AS REQUIRED 550.00.548.680.35 350.73 587684 19Page:CA.B Page 27 of 293 08/28/2013 Voucher List City of Auburn 20 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 424923 9/3/2013 (Continued)171620 GOSNEY MOTOR PARTS, INC MOTOR PARTS ON AN AS REQUIRED BASIS 550.00.548.100.35 -328.48 587881 MOTOR PARTS ON AN AS REQUIRED BASIS 550.141.100 131.61 588087 6310A-MOTOR PARTS ON AN AS REQUIRED 550.00.548.100.31 48.18 6310A-MOTOR PARTS ON AN AS REQUIRED 550.00.548.680.35 142.19 588109 MOTOR PARTS ON AN AS REQUIRED BASIS 550.00.548.100.35 10.94 588112 MOTOR PARTS ON AN AS REQUIRED BASIS 550.141.100 87.59 588174 P056A-MOTOR PARTS ON AN AS REQUIRED 550.00.548.680.35 10.81 588186 EQUIPMENT SUPPLIES 437.00.576.600.31 3.01 588230 6703A-MOTOR PARTS ON AN AS REQUIRED 550.00.548.680.35 2.07 588467 6911A-MOTOR PARTS ON AN AS REQUIRED 550.00.548.680.35 48.83 Total : 2,076.97 424924 9/3/2013 015462 GRACE COMMUNITY CHURCH 1661064 PARKS REFUND 001.347.699 300.00 Total : 300.00 20Page:CA.B Page 28 of 293 08/28/2013 Voucher List City of Auburn 21 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 424925 9/3/2013 022604 GRAHAM CONTRACTING REFUND HYDRANT DEPOSIT, PERMIT HYD13-0005 430.399.501 1,449.00 REFUND OVERPAYMENT, PERMIT HYD13-0005 430.343.431 62.00 Total : 1,511.00 424926 9/3/2013 004236 GRAYBAR ELECTRIC CO., INC.967812903 Electrical Supplies for Facilities Dept 505.00.524.500.31 117.61 Total : 117.61 424927 9/3/2013 172290 GREEN RIVER COMM COLLEGE 4THQTR2012-BAL Human Services CDBG Funding for Green 119.00.559.200.41 50.00 Total : 50.00 424928 9/3/2013 021147 GRETENER, JOHN 069713 UTILITY REFUND 434.233.100 10.50 Total : 10.50 424929 9/3/2013 180120 H D FOWLER CO I3440215 IRRIGATION SUPPLIES FOR GOLF MAINT. 437.00.576.600.31 80.99 I3449210 IRRIGATION SUPPLIES FOR GOLF MAINT. 437.00.576.600.31 26.31 Total : 107.30 424930 9/3/2013 022493 HALL, JERRY D.026658 UTILITY REFUND 430.233.100 155.65 Total : 155.65 424931 9/3/2013 022011 HARBOUR HOMES 072235 21Page:CA.B Page 29 of 293 08/28/2013 Voucher List City of Auburn 22 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 424931 9/3/2013 (Continued)022011 HARBOUR HOMES UTILITY REFUND 431.233.100 42.79 072758 UTILITY REFUND 431.233.100 7.13 Total : 49.92 424932 9/3/2013 017249 HASH, ERIN 080913REIMB MILEAGE REIMB 7/17-8/9 001.33.575.300.43 29.95 Total : 29.95 424933 9/3/2013 011670 HD SUPPLY WATERWORKS, LTD B142088 REPLACE STOCK-3/4" SDR9 CTS POLY PIPE 430.141.100 148.00 B24118R2---N 1" X 10" METER RELOCATOR~ 430.141.100 261.00 B2423--2N 1 1/2" X 12" METER YOKE 430.141.100 937.28 2" SDR9 CTS POLY PIPE BLUE~ 430.141.100 162.00 Sales Tax 430.141.100 143.28 Total : 1,651.56 424934 9/3/2013 006401 HDR ENGINEERING, INC.00098267-B Water Utility Meter & Billing System 430.00.534.100.41 1,728.56 Total : 1,728.56 424935 9/3/2013 181230 HEAD-QUARTERS 25303 PORTA POTTY RENTALS FOR VARIOUS PARKS 001.33.576.100.45 767.25 Total : 767.25 22Page:CA.B Page 30 of 293 08/28/2013 Voucher List City of Auburn 23 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 424936 9/3/2013 181560 HENDERSON, ED 080913LEOFF LEOFF 1 PHARMACY REIMBURSEMENT CLAIM 001.98.522.210.25 23.00 Total : 23.00 424937 9/3/2013 022617 HENNING, CAROL 051945 UTILITY REFUND 430.233.100 72.62 Total : 72.62 424938 9/3/2013 181730 HERNDAY, SUSAN 398W GRAPHIC DESIGN FOR THE MUSEUM 001.33.575.300.41 850.00 Total : 850.00 424939 9/3/2013 022620 HIDE, STEPHEN & ALYSSA 058084 UTILITY REFUND 432.233.100 9.78 Total : 9.78 424940 9/3/2013 022609 HIGGINS, DONALD 015306 UTILITY REFUND 430.233.100 33.87 Total : 33.87 424941 9/3/2013 007500 HILL-RAAUM PIETROMONACO 065155 UTILITY REFUND 434.233.100 292.52 072798 UTILITY REFUND 430.233.100 100.06 072799 UTILITY REFUND 430.233.100 13.24 Total : 405.82 424942 9/3/2013 005843 HINSHAW'S MOTORCYCLE STORE 95969408 23Page:CA.B Page 31 of 293 08/28/2013 Voucher List City of Auburn 24 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 424942 9/3/2013 (Continued)005843 HINSHAW'S MOTORCYCLE STORE P065D-PARTS, SUPPLIES AND SERVICE ON AN 550.00.548.680.31 4.11 Total : 4.11 424943 9/3/2013 020485 HORIZON CONSTRUCTION SERV, INC 28845 HOUSING REPAIR--EVELYN MADRID'S LATTICE 119.00.559.200.63 1,091.94 28858 HOUSING REPAIR--REPLACEMENT OF LAWRENCE 119.00.559.200.63 3,796.37 28864 HOUSING REPAIR--SKYLAR KRUSE'S WINDOWS 119.00.559.200.63 3,027.68 Total : 7,915.99 424944 9/3/2013 183300 HYDRAULIC INSTALLATION 69009 6573A-HYDRAULIC PARTS & SERVICE ON AN 550.00.548.680.48 52.24 Total : 52.24 424945 9/3/2013 190360 IMAGE MASTERS INC 110448 DIRECTOR NANCY WELCH NAME PLATE, INV. 001.17.558.100.31 18.94 110488 2"x10" SUB LOGO SILVER GERI 2L~ 001.13.516.100.31 18.94 110493 PLANNING SUPPLIES - PROJ STAMPS INV. 001.17.524.200.31 157.68 Total : 195.56 424946 9/3/2013 017045 INDUSTRY SIGN & GRAPHICS 30480 BANNERS FOR TRANSIT STATION - TOURISM 104.00.557.300.41 919.80 Total : 919.80 24Page:CA.B Page 32 of 293 08/28/2013 Voucher List City of Auburn 25 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 424947 9/3/2013 002701 INFORM PUGET SOUND 2272 POSTER DISTRIBUTION FOR SPECIAL EVENTS 001.33.573.901.44 90.00 2411/a PET LIC POSTER & BROCHURE DISTRIBUTION 001.17.514.810.44 120.00 Total : 210.00 424948 9/3/2013 007855 INTEGRA TELECOM 11177373 PHONE SERVICE 8/08-9/07 437.00.576.600.42 104.34 PHONE SERVICE 8/08-9/07 437.00.576.680.42 293.81 PHONE SERVICE 8/08-9/07 518.00.518.880.42 2,047.03 PHONE SERVICE 8/08-9/07 001.33.575.280.42 137.34 PHONE SERVICE 8/08-9/07 436.00.536.100.42 82.98 PHONE SERVICE 8/08-9/07 001.33.574.100.42 41.37 PHONE SERVICE 8/08-9/07 430.00.534.800.42 41.37 Total : 2,748.24 424949 9/3/2013 004145 INTERWEST DEVELOPMENT NW, INC 93060 GRAVEL FOR THE FARM 001.33.575.300.48 40.21 Total : 40.21 424950 9/3/2013 020644 JACOBS ENGINEERING GROUP INC W3X65000-05 2013 LOCAL ST PAVEMENT RECON-DESIGN~ 103.00.595.300.65 4,251.02 Total : 4,251.02 424951 9/3/2013 200560 JAMS 2965498-160 25Page:CA.B Page 33 of 293 08/28/2013 Voucher List City of Auburn 26 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 424951 9/3/2013 (Continued)200560 JAMS JAMS~ 001.15.515.100.49 1,481.25 Total : 1,481.25 424952 9/3/2013 022592 JENKINS, MATT 091513PERF ENTERTAINMENT AT THE AUBURN 001.33.573.201.41 50.00 Total : 50.00 424953 9/3/2013 012244 JILLIAN ENTERPRISES, LLC 082313INV 2ND HALF 2013 PP TAX ON THEATER LEASE 505.00.524.500.49 3,095.03 Total : 3,095.03 424954 9/3/2013 022612 JOHNSON, SANDRA 027282 UTILITY REFUND 430.233.100 215.87 Total : 215.87 424955 9/3/2013 210360 K C SHERIFF'S OFFICE 13-284 R.A.I.N. COST SHARING CHARGE FOR FY 2013 001.21.521.100.42 5,720.17 Total : 5,720.17 424956 9/3/2013 210360 K C ADMIN BLDG FILING FEES FILING FEES, LIENS 430.00.534.110.41 1,368.00 Total : 1,368.00 424957 9/3/2013 210360 K C FINANCE 11001251 Monthly INET Services Contract~ 518.00.518.880.42 471.00 Total : 471.00 424958 9/3/2013 210360 KING COUNTY RADIO 00435267 PROGRAMMED RADIO~ 26Page:CA.B Page 34 of 293 08/28/2013 Voucher List City of Auburn 27 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 424958 9/3/2013 (Continued)210360 KING COUNTY RADIO 001.21.521.200.48 285.38 Total : 285.38 424959 9/3/2013 008857 KENYON DISEND, PLLC 17868 legal svcs New Cingular Wireless II 001.14.514.100.41 2,598.83 Total : 2,598.83 424960 9/3/2013 212140 KEY BANK 2432 AT&T iPad Data Fees for PW2, PW3, and 001.42.543.100.42 11.24 AT&T iPad Data Fees for PW2, PW3, and 430.00.534.800.42 11.24 AT&T iPad Data Fees for PW2, PW3, and 431.00.535.800.42 11.24 AT&T iPad Data Fees for PW2, PW3, and 432.00.535.900.42 11.25 AT&T iPad Data Fee R. Keely 001.32.532.200.42 30.00 3650 King County Superior-Jury Demand Filing 001.15.515.100.49 127.49 3676 AT&T IPAD CHARGES DOUG LEIN, EMAIL JULY 001.17.558.100.42 14.99 ORIENTAL TRADING COMPANY - NATIONAL 001.17.557.200.31 59.75 6976 AT&T iPad Data Accounts for IT 518.00.518.880.42 44.97 8151 iPad data charge for Carolyn Robertson 001.11.513.100.42 14.99 8360 AT&T DATA - CELL PHONE USAGE - ROB 27Page:CA.B Page 35 of 293 08/28/2013 Voucher List City of Auburn 28 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 424960 9/3/2013 (Continued)212140 KEY BANK 001.13.516.100.42 14.99 DEGREE VERIFY 001.13.516.100.49 29.90 8934 Travel Expenses/Lunch Meetings for 001.17.557.200.43 89.47 Travel Expenses to Utah for USCM for 001.17.557.200.43 1,795.12 Floral Ararngement for Employee 001.17.557.200.49 49.26 9147 FUEL 001.33.574.240.43 45.62 PIZZA FOR DAYCAMP 001.33.574.240.31 55.55 METAL PRODUCTS & SPECIAL CUT 437.00.576.600.41 660.07 FACEBOOK AD, AIFM 001.33.573.901.44 39.15 BIRTHDAY PARTY PACKAGE SUPPLIES 001.33.574.240.31 45.91 FACEBOOK AD, AIFM 001.33.573.901.44 79.23 TEEN TRIP THING REFRESHMENTS 001.33.574.240.31 67.50 FACEBOOK AD, AIFM 001.33.573.901.44 11.62 FACEBOOK AD, THEATER 001.33.575.280.44 17.86 REFRESHMENTS, TEEN TRIP THING 001.33.574.240.31 28.47 TACOMA HEALTH DEPT, TEMP FOOD SERVICE 001.33.574.240.49 95.00 SPECIALIZED REC TRIP 28Page:CA.B Page 36 of 293 08/28/2013 Voucher List City of Auburn 29 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 424960 9/3/2013 (Continued)212140 KEY BANK 001.33.574.240.49 200.00 FACEBOOK AD, AIFM 001.33.573.901.44 45.91 TACOMA RAINIERS GAME, TEEN TRIP THING 001.33.574.240.49 191.50 FACEBOOK AD, AIFM 001.33.573.901.44 40.91 CLASS SUPPLIES 001.33.574.240.31 24.31 FACEBOOK AD, AIFM 001.33.573.901.44 31.49 FACEBOOK AD, THEATER 001.33.575.280.44 12.14 TACOMA RAINIERS, SPECIALIZED RECREATION 001.33.574.240.49 333.50 COLMAN POOL, TEEN TRIP THING 001.33.574.240.49 94.50 FACEBOOK AD, AIFM 001.33.573.901.44 101.72 FACEBOOK AD, SOUNDBITES 001.33.573.901.44 8.46 PIZZA, SPECIALIZED REC 001.33.574.240.31 39.35 ACME BOWL, TEEN TRIP THING 001.33.574.240.49 145.65 FACEBOOK AD, AIFM 001.33.573.901.44 21.98 EAST VALLEY CINEMA, TEEN TRIP THING 001.33.574.240.49 70.00 BOEHM'S CANDY TOUR, TEEN TRIP THING 001.33.574.240.49 100.00 TEEN SUPPLIES 001.33.574.240.31 41.57 SPECIALIZED REC, PARTICIPANT FORGOT 29Page:CA.B Page 37 of 293 08/28/2013 Voucher List City of Auburn 30 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 424960 9/3/2013 (Continued)212140 KEY BANK 001.33.574.240.49 7.05 Total : 4,971.92 424961 9/3/2013 011760 KING COUNTY DIRECTORS ASSN 3695511 Justice Center Flooring Project~ 505.00.524.500.48 86,157.67 Total : 86,157.67 424962 9/3/2013 220360 LAKEHAVEN UTILITY DISTRICT 1168601 WATER SERV AT CEMETERY 5/7-7/5 505.00.524.500.47 11,743.54 1168702 WATER SERVICE - 32882 56 AVE S 505.00.524.500.47 4.00 2087501 WATER SERV AT CEMETERY 5/7-7/5 505.00.524.500.47 86.18 2206801 WATER SERV AT CEMETERY 5/7-7/5 505.00.524.500.47 6,013.86 3322501 WATER SERVICE - 5310 S 320 ST 431.00.535.800.47 22.60 3379801 WATER SERVICE - 1438 U CT NW 001.33.576.100.47 22.60 3565201 WHOLESALE WATER SERV 5/7-7/5 1627 430.00.534.800.47 793.38 Total : 18,686.16 424963 9/3/2013 022563 LEA, TED 023159 UTILITY REFUND 430.233.100 57.00 Total : 57.00 30Page:CA.B Page 38 of 293 08/28/2013 Voucher List City of Auburn 31 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 424964 9/3/2013 021404 LENNAR NORTHWEST INC.072670 UTILITY REFUND 430.233.100 128.87 072673 UTILITY REFUND 430.233.100 77.13 072749 UTILITY REFUND 433.233.100 104.30 Total : 310.30 424965 9/3/2013 221710 LES SCHWAB TIRES 316-11746 Reimburse for landscape restoration~ 328.00.532.202.65 1,456.35 Total : 1,456.35 424966 9/3/2013 221710 LES SCHWAB TIRES 39700084924 6125A-TIRES, BATTERIES, ALIGNMENTS AND 550.00.548.680.48 93.90 Total : 93.90 424967 9/3/2013 022555 LIPPERT, ESTATE OF WALTER 007330 UTILITY REFUND 430.233.100 171.27 Total : 171.27 424968 9/3/2013 222480 LOGAN, RONALD M 082013LEOFF LEOFF 1 PHARMACY REIMBURSEMENT CLAIM 001.98.522.220.25 132.99 Total : 132.99 424969 9/3/2013 222200 LOWE'S HIW, INC 08675 Chain to attach loose extinguisher pins 001.32.525.100.49 6.62 Sales Tax 001.32.525.100.49 0.63 23032 31Page:CA.B Page 39 of 293 08/28/2013 Voucher List City of Auburn 32 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 424969 9/3/2013 (Continued)222200 LOWE'S HIW, INC COURSE SUPPLIES FOR GOLF MAINTENANCE 437.00.576.600.31 37.05 23066 SUPPLIES FOR PARKS MAINT. 001.33.576.100.31 64.04 23314 SUPPLIES FOR PARKS MAINT. 001.33.576.100.31 20.76 23710 SUPPLIES FOR PARKS MAINT. 001.33.576.100.31 14.06 24662 SUPPLIES FOR PARKS MAINT. 001.33.576.100.31 39.85 Total : 183.01 424970 9/3/2013 012034 LOZIER, RADINE 090313PC PETTY CASH FOR THE SENIOR 001.33.574.210.31 75.77 PETTY CASH FOR THE SENIOR 001.33.574.210.43 85.11 PETTY CASH FOR THE SENIOR 001.33.574.210.49 10.00 Total : 170.88 424971 9/3/2013 012329 LUMINANCE MEDIA SERVICES 07-000997 SLS SOUND SYSTEM AND CREW FOR MAIN STAGE 001.17.557.200.41 1,752.00 Total : 1,752.00 424972 9/3/2013 010463 LYNDEN PRECAST LLC 12209 4 LINERS, 4 PLASTIC LINED & SEALED 436.00.536.200.34 1,812.00 Total : 1,812.00 32Page:CA.B Page 40 of 293 08/28/2013 Voucher List City of Auburn 33 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 424973 9/3/2013 022599 MAHONEY, KATHY 1661066 PARKS REFUND 001.347.699 57.50 Total : 57.50 424974 9/3/2013 016074 MAUL FOSTER & ALONGI, INC 18472 CP0746 - 4/11/13 billing for March 001.98.558.100.65 7,432.50 18625 CP0746 - 5/9/13 billing for April 2013, 001.98.558.100.65 3,843.50 18774 CP0746 - 6/10/13 BILLING FOR MAY 2013, 001.98.558.100.65 5,969.75 18883 cp0746 - 7/11/13 BILLING FOR JUNE 2013, 001.98.558.100.65 3,252.50 Total : 20,498.25 424975 9/3/2013 022613 MCKINNEY, DOROTHY 031243 UTILITY REFUND 430.233.100 203.40 Total : 203.40 424976 9/3/2013 231930 MCKINSTRY CO 1214313 HVAC REPAIR & MAINTENANCE~ 505.00.524.500.41 761.30 1214713 HVAC REPAIR & MAINTENANCE~ 505.00.524.500.41 778.00 1808313 HVAC REPAIR & MAINTENANCE~ 505.00.524.500.41 230.22 1808413 HVAC REPAIR & MAINTENANCE~ 505.00.524.500.41 1,258.43 33Page:CA.B Page 41 of 293 08/28/2013 Voucher List City of Auburn 34 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 424976 9/3/2013 (Continued)231930 MCKINSTRY CO 1808513 HVAC REPAIR & MAINTENANCE~ 505.00.524.500.41 1,419.94 1808613 HVAC REPAIR & MAINTENANCE~ 505.00.524.500.41 1,546.14 1808713 HVAC REPAIR & MAINTENANCE~ 505.00.524.500.41 477.69 1808813 HVAC REPAIR & MAINTENANCE~ 505.00.524.500.41 284.70 1808913 HVAC REPAIR & MAINTENANCE~ 505.00.524.500.41 3,702.20 1809013 HVAC REPAIR & MAINTENANCE~ 505.00.524.500.41 646.87 1809113 HVAC REPAIR & MAINTENANCE~ 505.00.524.500.41 285.25 1809213 HVAC REPAIR & MAINTENANCE~ 505.00.524.500.41 677.53 1809313 HVAC REPAIR & MAINTENANCE~ 505.00.524.500.41 778.00 Total : 12,846.27 424977 9/3/2013 017991 MEHL, JULIE 090313PC MILK FOR DAYCAMP 001.33.574.240.31 2.49 DAYCAMP SUPPLIES 001.33.574.240.31 29.54 SPORTS CAMP SUPPLIES 34Page:CA.B Page 42 of 293 08/28/2013 Voucher List City of Auburn 35 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 424977 9/3/2013 (Continued)017991 MEHL, JULIE 001.33.574.240.31 52.27 Total : 84.30 424978 9/3/2013 018962 MENDOZA, TERRY 090313PC REPLENISH PD PETTY CASH FUND -~ 001.21.521.210.49 10.00 GAS FOR DEPT VEHICLE @ CDU TRAINING (C. 001.21.521.100.31 46.10 COFFEE FOR STAFF WORKING @ KIDS DAY (B. 001.21.521.230.31 14.18 PARKING @ SEATTLE DISTRICT COURT (T. 001.21.521.200.49 10.00 GAS FOR CITY VEHICLE @ TRAINING 001.21.521.200.49 49.29 FOOD FOR CRIME SCENE TEAM - HOMICIDE 001.21.521.210.31 48.99 DRINKS FOR CRIME SCENE TEAM - HOMICIDE 001.21.521.210.31 9.86 PARKING IN SEATTLE (DOLL) 001.21.521.210.49 7.00 PARKING IN SEATTLE FOR COURT (BYERS) 001.21.521.200.49 10.00 WINDOW CRAYONS TO MARK EVIDENCE 001.21.521.100.31 5.46 Total : 210.88 424979 9/3/2013 232305 MENG, ARTHUR HAROLD 39004 HOME FOOD PRESERVING CLASSES/SPRING AND 001.33.574.240.41 69.00 39008 HOME FOOD PRESERVING CLASSES/SPRING AND 001.33.574.210.41 46.00 39181/#6 HOME FOOD PRESERVING CLASSES/SPRING AND 001.33.574.210.41 23.00 35Page:CA.B Page 43 of 293 08/28/2013 Voucher List City of Auburn 36 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 138.00 424979 9/3/2013 232305 232305 MENG, ARTHUR HAROLD 424980 9/3/2013 015935 MERCHANTS CREDIT CORP 053500 UTILITY REFUND 430.233.100 258.70 Total : 258.70 424981 9/3/2013 232790 NORTHWEST TREK 11942 NORTHWEST TREK ADMISSION FOR TEEN TRIP 001.33.574.240.49 353.75 Total : 353.75 424982 9/3/2013 004142 MID-MOUNTAIN CONSTRUCTION REFUND OVERPYMT, PERMITS HYD08-0034 & 0035 430.343.431 31.00 OVERPYMT, PERMITS HYD08-0034 & 0035 431.343.531 31.00 Total : 62.00 424983 9/3/2013 022616 MK PROPERTIES II LLC 051866 UTILITY REFUND 430.233.100 269.82 Total : 269.82 424984 9/3/2013 022614 MORRISSON, BRADLEY 031276 UTILITY REFUND 430.233.100 188.78 Total : 188.78 424985 9/3/2013 016787 MULTICARE HEALTHWORKS 82077 PRE-EMPLOYMENT PHYSICAL FOR~ 001.13.516.100.41 559.00 82383 DOT PHYSICAL EXAMS, HEP SHOT SERIES, 001.33.576.100.22 55.00 DOT PHYSICAL EXAMS, HEP SHOT SERIES, 430.00.534.800.22 55.00 36Page:CA.B Page 44 of 293 08/28/2013 Voucher List City of Auburn 37 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 669.00 424985 9/3/2013 016787 016787 MULTICARE HEALTHWORKS 424986 9/3/2013 241180 NATIONAL BARRICADE CO, LLC 248176 90 degree cross piece for mounting 001.42.542.300.35 362.50 1 3/4 square post mount to hold street 001.42.542.300.35 362.50 Sales Tax 001.42.542.300.35 68.88 Total : 793.88 424987 9/3/2013 014285 NATIONAL BUSINESS FURNITURE MK411736-TDQ CP1009 CH REMODEL - BALANCE ON 328.00.594.190.65 847.18 Total : 847.18 424988 9/3/2013 022625 NEWSON, MERLIN 066902 UTILITY REFUND 430.233.100 8.71 Total : 8.71 424989 9/3/2013 020121 NGOTEL, WILTON 10-2-33087-9 KNT RELEASE OF WRIT OF GARNISHMENT NO. 651.237.908 404.43 Total : 404.43 424990 9/3/2013 020121 NGOTEL, WILTON 080913REIMB CDL ENDORSEMENT REIMBURSEMENT WILTON 430.00.534.800.49 85.00 Total : 85.00 424991 9/3/2013 242370 NIXON, RAY M 081413LEOFF LEOFF 1 PHARMACY REIMBURSEMENT CLAIM 001.98.522.210.25 189.80 Total : 189.80 424992 9/3/2013 022623 NO, KYUNGHEE 064111 37Page:CA.B Page 45 of 293 08/28/2013 Voucher List City of Auburn 38 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 424992 9/3/2013 (Continued)022623 NO, KYUNGHEE UTILITY REFUND 433.233.100 400.53 Total : 400.53 424993 9/3/2013 000533 NORSTAR INDUSTRIES, INC 49686 REPAIR PARTS & SERVICE TO SNOW PLOWS, 001.42.542.300.31 296.59 Total : 296.59 424994 9/3/2013 001897 NORTHWEST PLAYGROUND EQUIP INC 35790 ZEAGER WOODCARPET SAFETY SURFACING, 191 321.00.576.802.65 6,553.81 CHIPS WITH BLOW IN SERVICE 001.33.576.100.31 2,295.68 Total : 8,849.49 424995 9/3/2013 250210 OFFICE DEPOT 668222557001 Bankers Boxes for Archiving Files~ 001.32.532.200.31 158.34 Total : 158.34 424996 9/3/2013 122670 OFFICEMAX CONTRACT INC 651341 Office Supplies for Mayor's Office 001.11.513.100.31 86.52 662953 Office Supplies for Mayor's Office 001.11.513.100.31 7.43 725722 OFFICE SUPPLIES FOR PARKS, PARKS MAINT, 001.33.574.220.31 64.45 772357 COPY PAPER FOR PD~ 001.21.521.100.31 417.32 833558 SUPPY ORDER INV. NO.833558 38Page:CA.B Page 46 of 293 08/28/2013 Voucher List City of Auburn 39 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 424996 9/3/2013 (Continued)122670 OFFICEMAX CONTRACT INC 001.15.514.300.31 30.31 861287 Printing services for council packets 518.00.518.780.41 163.36 861288 Printing services for council packets 518.00.518.780.41 94.04 946167 Printing services for council packets 518.00.518.780.41 118.15 962543 Printing services for council packets 518.00.518.780.41 199.02 962544 Printing services for council packets 518.00.518.780.41 228.67 Total : 1,409.27 424997 9/3/2013 022594 OLYMPIC GAME FARM 2013-006 ADMISSION TO THE OLYMPIC GAME FARM ON 001.33.574.240.49 174.00 Total : 174.00 424998 9/3/2013 021948 OTAK INC 000061300191 30TH ST NE AREA FLOODING-PHASE 1-DESIGN 432.00.590.100.69 28,402.36 000071300133 30TH ST NE AREA FLOODING-PHASE 1-DESIGN 432.00.590.100.69 22,607.35 Total : 51,009.71 424999 9/3/2013 022618 OVERSTREET, DAVID & SONJA 052642 UTILITY REFUND 430.233.100 61.23 Total : 61.23 39Page:CA.B Page 47 of 293 08/28/2013 Voucher List City of Auburn 40 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 425000 9/3/2013 020659 P.T. ALLEY ESTATES LLC 064242 UTILITY REFUND 430.233.100 111.23 Total : 111.23 425001 9/3/2013 020416 PAPA JOHN'S PIZZA S3015-13-0901 PIZZA FOR PARKS AND RECS PROGRAMS 001.33.574.240.31 17.52 S3015-13-0902 PIZZA FOR PARKS AND RECS PROGRAMS 001.33.573.901.31 141.26 S3015-13-0903 PIZZA FOR PARKS AND RECS PROGRAMS 001.33.574.240.31 35.04 S3015-13-0904 PIZZA FOR PARKS AND RECS PROGRAMS 001.33.574.240.31 17.52 Total : 211.34 425002 9/3/2013 261460 PARAMETRIX INC 16-64678 8TH ST NE & 104TH ST SE U-TURN DESIGN~ 102.00.594.420.65 2,883.65 Total : 2,883.65 425003 9/3/2013 261620 PARKER PAINT MFG CO, INC 954021019822 PAINT & RELATED SUPPLIES ON AN AS 430.00.534.800.31 264.94 Total : 264.94 425004 9/3/2013 022601 PARSONS, KRISTA 1661063 PARKS REFUND 001.347.699 25.00 Total : 25.00 425005 9/3/2013 016025 PAUL YESTER PRODUCTIONS AAT13082 SOUND TECH SERVICES AND SOUND EQUIPMENT 001.33.573.901.41 510.63 40Page:CA.B Page 48 of 293 08/28/2013 Voucher List City of Auburn 41 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 510.63 425005 9/3/2013 016025 016025 PAUL YESTER PRODUCTIONS 425006 9/3/2013 262305 PENN TREATY NTWRK AMERICA INS N345542 2013-14 long term care Edward Sluys 001.98.522.210.46 4,587.49 Total : 4,587.49 425007 9/3/2013 012125 PERFECT DRIVE GOLF & UTILITY 2179696 GOLF CART PARTS AND SUPPLIES 437.00.576.600.31 421.32 Total : 421.32 425008 9/3/2013 015534 PETERSON, LESLEE JO 39581 SENIOR CENTER MASSAGE CLASSES:~ 001.33.574.210.41 28.00 39582 SENIOR CENTER MASSAGE CLASSES:~ 001.33.574.210.41 28.00 Total : 56.00 425009 9/3/2013 022628 PETRIE, DR ARVIND 073567 UTILITY REFUND 430.233.100 23.53 Total : 23.53 425010 9/3/2013 262910 PHILLIPS, ROBERT S 080513LEOFF LEOFF 1 PHARMACY CLAIM DATED 8/5/13 001.98.517.210.25 10.99 080713LEOFF LEOFF 1 PHARMACY CLAIM DATED 8/7/13 001.98.517.210.25 16.00 081213LEOFF LEOFF 1 PHARMACY CLAIM DATED 8/12/13 001.98.517.210.25 34.52 Total : 61.51 425011 9/3/2013 263070 PIERCE COUNTY AUDITOR FILING FEES 41Page:CA.B Page 49 of 293 08/28/2013 Voucher List City of Auburn 42 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 425011 9/3/2013 (Continued)263070 PIERCE COUNTY AUDITOR 2013 FILING FEES, LIENS 430.00.534.110.41 72.00 Total : 72.00 425012 9/3/2013 022491 PINARD, AUSTIN 022018 UTILITY REFUND 430.233.100 73.53 Total : 73.53 425013 9/3/2013 021685 PLANET TURF / JCC LTD 5132 FALL FERTILIZERS 437.00.576.600.31 531.08 Total : 531.08 425014 9/3/2013 022603 PNSCTA REG/TETERUD Workshop (Pacific Northwest 431.00.535.100.49 300.00 Total : 300.00 425015 9/3/2013 002719 PRINTCO, INC 051860 printing projects 518.00.518.780.41 157.68 051873 printing projects 518.00.518.780.41 555.27 051882 printing projects 518.00.518.780.41 199.29 051887 printing projects 518.00.518.780.41 336.17 051888 printing projects 518.00.518.780.41 119.60 051959 42Page:CA.B Page 50 of 293 08/28/2013 Voucher List City of Auburn 43 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 425015 9/3/2013 (Continued)002719 PRINTCO, INC printing projects 518.00.518.780.41 257.33 052018 printing projects 518.00.518.780.41 51.47 Total : 1,676.81 425016 9/3/2013 014581 PRIZM GROUP & CONSTRUCTION REFUND DUPLICATE PYMT, PERMIT HYD07-0036 430.343.431 212.97 Total : 212.97 425017 9/3/2013 018990 PROFESSIONAL HORIZONTAL DRILL REFUND OVERPAYMENT, PERMIT HYD10-0015 431.343.531 31.00 Total : 31.00 425018 9/3/2013 265220 PUGET SOUND ENERGY 090313ELEC/GAS ELECTRICAL/GAS CHARGES FOR JULY/AUG 2013 505.00.524.500.47 30,325.61 ELECTRICAL/GAS CHARGES FOR JULY/AUG 2013 001.33.576.100.47 5,020.78 ELECTRICAL/GAS CHARGES FOR JULY/AUG 2013 001.42.542.300.47 44,041.56 ELECTRICAL/GAS CHARGES FOR JULY/AUG 2013 430.00.534.800.47 57,477.17 ELECTRICAL/GAS CHARGES FOR JULY/AUG 2013 431.00.535.800.47 1,302.59 ELECTRICAL/GAS CHARGES FOR JULY/AUG 2013 432.00.535.900.47 724.70 Total : 138,892.41 425019 9/3/2013 265370 PUGET SOUND REGIONAL COUNCIL 2014010 2014 dues Puget Sound Regional Council 001.17.558.100.51 22,838.00 43Page:CA.B Page 51 of 293 08/28/2013 Voucher List City of Auburn 44 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 22,838.00 425019 9/3/2013 265370 265370 PUGET SOUND REGIONAL COUNCIL 425020 9/3/2013 020623 R.E. MULLINAX INVESTIGATIONS 13-766 BACKGROUND CHECK-PAVLENKO, YARSOLAV 001.13.516.710.41 650.00 Total : 650.00 425021 9/3/2013 011267 REDFLEX TRAFFIC SYSTEMS INC RTS0003708 2013 PHOTO ENFORCEMENT PROGRAM 001.21.521.200.41 36,622.39 Total : 36,622.39 425022 9/3/2013 021005 REGISTER TAPES UNLIMITED, INC B28967 CARTVERTISIN FOR PET LICENSING/FRED 001.17.514.810.44 1,349.00 Total : 1,349.00 425023 9/3/2013 015140 REYNOLDS, KIRSTEN 082113REIMB MTG EXPENSES 1/16-8/21 001.17.557.200.43 162.90 Total : 162.90 425024 9/3/2013 018875 RH2 ENGINEERING, INC 58555 Lakeland Hills Reservoir 6, AG-C-393~ 430.00.590.100.65 679.73 58556 Well 4 Emergency Improvements~ 430.00.590.100.69 6,261.98 Total : 6,941.71 425025 9/3/2013 015478 RICK'S TWO WAY TOWING, LLC 5522 TOWING OF VICTIM'S VEHICLE '98 DODGE 001.21.521.200.41 198.20 Total : 198.20 425026 9/3/2013 021040 RICOH USA INC.5026759920 Ricoh Copier Usage June 2013~ 44Page:CA.B Page 52 of 293 08/28/2013 Voucher List City of Auburn 45 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 425026 9/3/2013 (Continued)021040 RICOH USA INC. 518.00.518.880.45 2,556.74 5027136775 Ricoh Copier Usage for July 2013~ 518.00.518.880.45 2,578.69 Total : 5,135.43 425027 9/3/2013 001847 ROTARY CLUB OF AUBURN 607 Rotary Dues (Dan Heid )~ 001.15.515.100.49 550.00 Total : 550.00 425028 9/3/2013 006840 RW RHINE INC.REFUND HYDRANT DEPOSIT, PERMIT HYD13-0021 430.399.501 1,449.00 Total : 1,449.00 425029 9/3/2013 018562 S & S CONCRETE 070713INV CEMENT PEDESTAL FOR PUBLIC ART SCULPTURE 001.33.573.201.41 903.38 CENTENNIAL/ARTWORK FOUNDATION WORK FOR SCULPTURE PLACEMENT 001.33.573.201.41 1,259.25 Total : 2,162.63 425030 9/3/2013 280300 SAFETY KLEEN CORP 61187342 RECYCLE OF WASTE PRODUCT ON AN AS 550.00.548.100.49 81.12 Total : 81.12 425031 9/3/2013 022412 SAMOA ASSEMBLY OF GOD 081113PERF ENTERTAINMENT FOR THE AUBURN FARMERS 001.33.573.201.41 50.00 Total : 50.00 425032 9/3/2013 280505 SAM'S CLUB DIRECT 000954 SUPPLIES/FOOD NEEDED FOR SPECIALIZED 45Page:CA.B Page 53 of 293 08/28/2013 Voucher List City of Auburn 46 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 425032 9/3/2013 (Continued)280505 SAM'S CLUB DIRECT 001.33.574.240.31 191.11 003314 PROGRAM SUPPLIES 001.33.574.240.31 524.84 004286 JUNE PANTRY ITEMS FOR THE SENIOR CENTER 001.33.574.210.31 277.06 006426 CONCESSIONS FOR 8/2/13 SUMMER SOUNDS 001.33.574.240.31 251.40 CONCESSIONS FOR 8/2/13 SUMMER SOUNDS 001.33.574.220.31 36.45 Total : 1,280.86 425033 9/3/2013 020120 SANDALL, GREG 080713REIMB CDL ENDORSEMENT REIMBURSEMENT FOR GREG 430.00.534.800.49 85.00 Total : 85.00 425034 9/3/2013 014110 SATCOM DIRECT COMMUNICATIONS 57285903 Sat phone invoices for year 001.32.525.100.42 99.90 Total : 99.90 425035 9/3/2013 280870 SCARFF MOTORS, INC 554922 AUTO REPAIR & SERVICE ON AN AS REQUIRED 550.00.548.100.31 82.13 AUTO REPAIR & SERVICE ON AN AS REQUIRED 550.141.100 392.27 554950 AUTO REPAIR & SERVICE ON AN AS REQUIRED 550.00.548.100.31 -82.13 555148 6219A-AUTO REPAIR & SERVICE ON AN AS 550.00.548.100.31 38.33 46Page:CA.B Page 54 of 293 08/28/2013 Voucher List City of Auburn 47 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 425035 9/3/2013 (Continued)280870 SCARFF MOTORS, INC 6219A-AUTO REPAIR & SERVICE ON AN AS 550.00.548.680.35 111.73 555644 6520A-AUTO REPAIR & SERVICE ON AN AS 550.00.548.680.35 169.17 555711 6781B-AUTO REPAIR & SERVICE ON AN AS 550.00.548.680.35 14.72 555856 P019D-AUTO REPAIR & SERVICE ON AN AS 550.00.548.680.35 49.63 555921 6703A-AUTO REPAIR & SERVICE ON AN AS 550.00.548.680.35 12.73 Total : 788.58 425036 9/3/2013 280865 SCARSELLA BROS INC 12-04/#6 Well 1 Transmission Main, Contract 432.00.590.100.65 5,043.48 RETAINAGE 432.223.400 -249.93 Total : 4,793.55 425037 9/3/2013 022621 SCHUMER, DAVID 059412 UTILITY REFUND 432.233.100 24.53 Total : 24.53 425038 9/3/2013 019208 SCORE 431 AUGUST 2013 SCORE MEMBER CITY FEE 001.20.523.600.51 426,037.17 Total : 426,037.17 425039 9/3/2013 282040 SEATTLE TIMES 30002543 PD PAPER SUBSCRIPTION 08/24/13 - 47Page:CA.B Page 55 of 293 08/28/2013 Voucher List City of Auburn 48 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 425039 9/3/2013 (Continued)282040 SEATTLE TIMES 001.21.521.100.49 58.50 Total : 58.50 425040 9/3/2013 000679 SENTINEL PEST CONTROL, INC 72923 PEST CONTROL SERVICES ON AN AS REQUIRED 550.00.548.150.48 49.28 Total : 49.28 425041 9/3/2013 018608 SIGNATURE LANDSCAPE SERVICES REFUND OVERPAYMENT, PERMIT HYD09-0016 431.343.531 31.00 Total : 31.00 425042 9/3/2013 002823 SIMPLOT PARTNERS 212017910 WETTING AGEN AND LIQUID FERTILIZERS 437.00.576.600.31 1,042.56 Total : 1,042.56 425043 9/3/2013 022626 SINGH, MALKIT 070294 UTILITY REFUND 430.233.100 100.35 Total : 100.35 425044 9/3/2013 022597 SMITHSON, LYNDEN REFUND HANGAR 62 - DAMAGE/SECURITY DEPOSIT 435.399.501 616.05 Total : 616.05 425045 9/3/2013 022624 SNELL, DIANE 064541 UTILITY REFUND 430.233.100 489.48 Total : 489.48 425046 9/3/2013 022024 SOUND CLEANING RESOURCES INC 6908 Cleaning Justice Center~ 505.00.524.500.41 695.33 48Page:CA.B Page 56 of 293 08/28/2013 Voucher List City of Auburn 49 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 695.33 425046 9/3/2013 022024 022024 SOUND CLEANING RESOURCES INC 425047 9/3/2013 005003 SOUND PUBLISHING, INC 567295 ADVERTISING AT THE MUSEUM 001.33.575.300.44 431.25 567325 JULY CITY ADS / WEBSITE ADS 518.00.518.780.44 2,687.95 ADVERTISING FOR SUMMER CAMP IN AUBURN 001.33.574.220.44 496.75 MARKETING THE AUBURN INTERNATIONAL 001.33.573.901.44 600.00 Total : 4,215.95 425048 9/3/2013 019140 SOUTH KING COUNCIL OF HUMAN 2NDQTR2013-GF13/1428 Human Services Funding forCapacity 001.17.562.100.41 1,250.00 Total : 1,250.00 425049 9/3/2013 016482 SPIKE'S GOLF SUPPLIES, INC.744454 TEES AND MISC. SUPPLIES FOR RESALE 437.00.576.680.34 385.18 Total : 385.18 425050 9/3/2013 285640 SPILLMAN TECHNOLOGIES INC 26281 Conversion to ArcGIS Geobase in Spillman 518.00.518.880.41 6,391.00 Sales Tax 518.00.518.880.41 607.15 26282 Completion of XML Traffic Citations 001.21.521.200.64 24,987.30 Total : 31,985.45 425051 9/3/2013 022605 ST JOHN, CORY & CAROL 009065 UTILITY REFUND 430.233.100 10.62 49Page:CA.B Page 57 of 293 08/28/2013 Voucher List City of Auburn 50 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 10.62 425051 9/3/2013 022605 022605 ST JOHN, CORY & CAROL 425052 9/3/2013 002733 STAR RENTAL & SALES, INC 33-090120-03 RENTAL OF DIESEL OFF ROAD/POWER BOX AND 001.33.576.100.45 415.89 Total : 415.89 425053 9/3/2013 006380 STATEWIDE PARKING LOT 8323 PAVING SERVICES ON AN AS REQUIRED BASIS 430.00.534.800.48 18,396.00 Total : 18,396.00 425054 9/3/2013 010864 SWANK MOTION PICTURES, INC.1828023 MOVIE LICENSING FEES FOR SUMMER SOUNDS 001.33.573.901.45 685.47 Total : 685.47 425055 9/3/2013 022606 SWANSON, ALBERT & CONSTANCE 011391 UTILITY REFUND 431.233.100 103.73 UTILITY REFUND 433.233.100 60.81 Total : 164.54 425056 9/3/2013 005163 TACOMA CITY TREASURER 100750519 WHOLESALE WATER SERV 6/30-7/31 430.00.534.800.47 250,490.08 Total : 250,490.08 425057 9/3/2013 290270 TACOMA SCREW PRODUCTS INC 15191982 SHOP SUPPLIES FOR GOLF MAINT. - NUTS, 437.00.576.600.31 39.44 Total : 39.44 425058 9/3/2013 018037 TECHNICAL SYSTEMS, INC.7320-020 SCADA SYSTEM DESIGN SERVICES~ 430.00.590.100.65 139,162.12 50Page:CA.B Page 58 of 293 08/28/2013 Voucher List City of Auburn 51 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 425058 9/3/2013 (Continued)018037 TECHNICAL SYSTEMS, INC. SCADA SYSTEM DESIGN SERVICES~ 431.00.590.100.65 86,648.12 SCADA SYSTEM DESIGN SERVICES~ 432.00.590.100.65 36,759.81 RETAINAGE 430.223.400 -6,354.44 RETAINAGE 431.223.400 -3,956.54 RETAINAGE 432.223.400 -1,678.52 Total : 250,580.55 425059 9/3/2013 222370 THE LOCK SHOP 86086 M & O Rekey~ 505.00.524.500.48 893.25 Total : 893.25 425060 9/3/2013 284710 THYSSENKRUPP ELEVATOR CORP 3000485513 ELEVATOR MAITENANCE AG-S-039 Extend 505.00.524.500.48 653.85 3000485514 ELEVATOR MAITENANCE AG-S-039 Extend 505.00.524.500.48 1,584.71 Total : 2,238.56 425061 9/3/2013 012331 TITLEIST 1799851 SUMMER GOLF BALLS, GLOVES AND HEADWEAR 437.00.576.680.34 2,845.27 SUMMER GOLF BALLS, GLOVES AND HEADWEAR 437.00.576.680.34 1,639.64 1865037 SUMMER GOLF BALLS, GLOVES AND HEADWEAR 437.00.576.680.34 931.42 1907939 SUMMER GOLF BALLS, GLOVES AND HEADWEAR 51Page:CA.B Page 59 of 293 08/28/2013 Voucher List City of Auburn 52 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 425061 9/3/2013 (Continued)012331 TITLEIST 437.00.576.680.34 334.99 Total : 5,751.32 425062 9/3/2013 012331 FOOTJOY 5151821 RESALE OF CLOTHING, SHOES, GLOVES, 437.00.576.680.34 107.00 CLOSEOUT SHOES AND MENS CLOTHING 437.00.576.680.34 198.89 Total : 305.89 425063 9/3/2013 291830 TMG SERVICES, INC 0035136-IN PARTS, SUPPLIES AND SERVICE ON AN AS 430.00.534.800.31 30.61 Total : 30.61 425064 9/3/2013 015041 TRANSPORTATION SYSTEMS INC 1767 New pedestrian pole due to accident 001.32.532.200.48 2,107.03 Total : 2,107.03 425065 9/3/2013 022608 TRASK, PRISCILLA 015067 UTILITY REFUND 430.233.100 30.75 Total : 30.75 425066 9/3/2013 292910 TUCCI & SONS, INC 45740 STREET PRDUCTS,.i.e., CLASS B,& TACK ON 001.42.542.300.31 610.23 45748 STREET PRDUCTS,.i.e., CLASS B,& TACK ON 001.42.542.300.31 595.35 45766 STREET PRDUCTS,.i.e., CLASS B,& TACK ON 001.42.542.300.31 376.12 Total : 1,581.70 52Page:CA.B Page 60 of 293 08/28/2013 Voucher List City of Auburn 53 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 425067 9/3/2013 020728 UNIQUE PAVING MATERIALS CORP 229443 ASPHALT, COLD MIX AND RELATED SUPPLIES 430.00.534.800.31 486.01 ASPHALT, COLD MIX AND RELATED SUPPLIES 001.42.542.300.31 486.02 Total : 972.03 425068 9/3/2013 370900 UNITED PARCEL SERVICE 4799F2333 UPS shipping services 518.00.518.780.42 52.44 890192333 UPS shipping services 518.00.518.780.42 329.56 Total : 382.00 425069 9/3/2013 380550 UNIVAR USA INC.KT210259 12.5% SODIUM HYPOCHLORITE ON AN AS 430.00.534.800.31 561.85 KT210262 12.5% SODIUM HYPOCHLORITE ON AN AS 430.00.534.800.31 319.81 KT383370 12.5% SODIUM HYPOCHLORITE ON AN AS 430.00.534.800.31 -140.00 KT383371 12.5% SODIUM HYPOCHLORITE ON AN AS 430.00.534.800.31 -80.00 Total : 661.66 425070 9/3/2013 371410 UTILITIES SERVICE CO. INC 8481 Supply and install two new X-pellers at 431.00.535.800.48 6,900.00 freight 431.00.535.800.48 98.50 Sales Tax 431.00.535.800.48 664.86 53Page:CA.B Page 61 of 293 08/28/2013 Voucher List City of Auburn 54 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 425070 9/3/2013 (Continued)371410 UTILITIES SERVICE CO. INC 8610 REPAIR OF STORM PUMP STATIONS ON AN AS 432.00.535.900.48 4,015.16 Sales Tax 432.00.535.900.48 381.44 Total : 12,059.96 425071 9/3/2013 371290 UTILITIES UNDERGROUND LOCATION 3070094 LINE LOCATION SERVICES ON AN AS 001.42.542.300.42 100.91 LINE LOCATION SERVICES ON AN AS 430.00.534.800.42 100.91 LINE LOCATION SERVICES ON AN AS 431.00.535.800.42 100.91 LINE LOCATION SERVICES ON AN AS 432.00.535.900.42 100.91 Total : 403.64 425072 9/3/2013 380120 VALLEY AUTO REBUILD, INC.68968 TOW OF APD VEHICLE # 19 TO M&O~ 001.21.521.200.41 279.77 Total : 279.77 425073 9/3/2013 380240 VALLEY COMMUNICATIONS CENTER 0014201 JULY 2013 - 800MHZ RADIOS FOR PD 001.21.521.100.42 5,756.65 0014234 JUNE 2013 LANGUAGE LINE 001.21.521.200.41 19.89 Total : 5,776.54 425074 9/3/2013 015073 VALLEY REGIONAL FIRE AUTHORITY JULY2013 JULY 2013 PERMIT & PLAN REVIEW FEES 651.237.360 11,567.69 Total : 11,567.69 54Page:CA.B Page 62 of 293 08/28/2013 Voucher List City of Auburn 55 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 425075 9/3/2013 021422 VARSITY CONTRACTORS 073778 UTILITY REFUND 434.233.100 313.78 Total : 313.78 425076 9/3/2013 171890 W. W. GRAINGER, INC 9199957904 SMALL TOOLS, EQUIPMENT AND SUPPLIES ON 550.141.300 143.03 Total : 143.03 425077 9/3/2013 003206 WA ASPHALT PAVEMENT ASSOC REG/CARTER Washington Asphalt Conference - Jai 001.32.532.200.49 175.00 Total : 175.00 425078 9/3/2013 391320 WA STATE AUDITOR L99567 7/2013 WA State audit services 001.14.514.230.41 11,165.83 Total : 11,165.83 425079 9/3/2013 391470 WA STATE CRIM JUSTICE TRAINING 20-1-12593 REGISTRATION FEE FOR SWAT ADVANCED 001.21.521.100.49 400.00 Total : 400.00 425080 9/3/2013 391710 WA STATE DEPT OF ENTEPRISE SER 2013070037 5 WinSvrStd 2012 SNGL MVL 2Proc server 518.00.518.880.49 2,787.60 Sales Tax 518.00.518.880.49 264.82 Total : 3,052.42 425081 9/3/2013 392550 WA STATE POLICE CANINE ASSOC NELSON/REG REGISTRATION FOR WSPCA FALL SEMINAR 001.21.521.200.49 300.00 POWELL/FEE NEW/REGULAR MEMBERSHIP FEE FOR WA STATE 55Page:CA.B Page 63 of 293 08/28/2013 Voucher List City of Auburn 56 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 425081 9/3/2013 (Continued)392550 WA STATE POLICE CANINE ASSOC 001.21.521.200.49 45.00 POWELL/REG REGISTRATION FOR WSPCA FALL SEMINAR 001.21.521.200.49 300.00 Total : 645.00 425082 9/3/2013 014405 WALTERS, JOANNE S.081213REIM GROCERIES FOR THE SENIOR CENTER 001.33.574.210.31 88.18 Total : 88.18 425083 9/3/2013 006740 WASHINGTON2 ADVOCATES, LLC 4474 consulting services - monthly fee 001.98.513.100.41 15,000.00 4501 consulting services - monthly fee 001.98.513.100.41 15,000.00 Total : 30,000.00 425084 9/3/2013 270540 WASTE MANAGEMENT 7312013 GARBAGE ENCLOSURE OFF 102 W MAIN 001.17.558.100.41 450.00 Total : 450.00 425085 9/3/2013 393570 WATER MANAGEMENT LABS, INC 123433 WATER ANALYSIS ON AN AS REQUIRED BASIS 430.00.534.800.41 315.00 123493 WATER ANALYSIS ON AN AS REQUIRED BASIS 430.00.534.800.41 168.00 123601 WATER ANALYSIS ON AN AS REQUIRED BASIS 001.32.532.200.41 84.00 123668 WATER ANALYSIS ON AN AS REQUIRED BASIS 56Page:CA.B Page 64 of 293 08/28/2013 Voucher List City of Auburn 57 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 425085 9/3/2013 (Continued)393570 WATER MANAGEMENT LABS, INC 430.00.534.800.41 4,071.00 123675 WATER ANALYSIS ON AN AS REQUIRED BASIS 001.32.532.200.41 84.00 WATER ANALYSIS ON AN AS REQUIRED BASIS 430.00.534.800.41 528.00 Total : 5,250.00 425086 9/3/2013 022562 WELCH, RUSSELL J.020310 UTILITY REFUND 432.233.100 87.53 Total : 87.53 425087 9/3/2013 324050 WESCOM COMMUNICATIONS 21439 REPLACED DISPLAY AND CALIBRATED VPD03230 001.21.521.200.48 197.30 Total : 197.30 425088 9/3/2013 394140 WEST COAST AWARDS 13-S256 HATS AND T-SHIRT UNIFORMS FOR 7-12 001.33.574.240.31 512.46 Total : 512.46 425089 9/3/2013 394200 WEST COAST PAPER 8140578 citywide paper supply 518.00.518.780.31 131.79 8157285 paper supply 518.00.518.780.31 116.81 Total : 248.60 425090 9/3/2013 006595 WEST TIGER MT 2WAY RADIO SITE 080113INV RENTAL OF 2-WAY RADIO 001.33.576.100.45 185.00 Total : 185.00 57Page:CA.B Page 65 of 293 08/28/2013 Voucher List City of Auburn 58 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 425091 9/3/2013 394470 WESTERN EQUIPMENT DIST INC 732741 EQUIPMENT AND IRRIGATION SUPPLIES 437.00.576.600.31 252.01 Total : 252.01 425092 9/3/2013 395240 WHITE RIVER VALLEY 082213INV Arts Project Support ReGrant: Small 001.33.573.201.41 2,000.00 Total : 2,000.00 425093 9/3/2013 395580 WILBUR-ELLIS, CO 7425893 SUMMER HERBICIDE, SEED AND FERTILIZERS 437.00.576.600.31 692.23 7472502 SUMMER HERBICIDE, SEED AND FERTILIZERS 437.00.576.600.31 1,311.90 Total : 2,004.13 425094 9/3/2013 022610 WILSON, JIM 018122 UTILITY REFUND 430.233.100 765.14 Total : 765.14 425095 9/3/2013 395940 WINDMILL NURSERY / GARDENS 128345 BLOOMING BASKET 001.33.576.100.31 174.08 Total : 174.08 425096 9/3/2013 400210 ZEP MANUFACTURING CO 9000439608 TRASH BAGS AND ZEP AERO 001.33.576.100.31 2,068.85 Total : 2,068.85 425097 9/3/2013 234680 ZONES INTERNATIONAL S33256830110 2 Year ITSVideo server maintenance 518.00.518.880.48 1,871.16 Sales Tax 58Page:CA.B Page 66 of 293 08/28/2013 Voucher List City of Auburn 59 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount 425097 9/3/2013 (Continued)234680 ZONES INTERNATIONAL 518.00.518.880.48 177.76 Total : 2,048.92 Bank total : 2,298,655.54 255 Vouchers for bank code :000 2,298,655.54Total vouchers :Vouchers in this report 255 59Page:CA.B Page 67 of 293 08/28/2013 Voucher List City of Auburn 60 4:55:02PM Page:vchlist Bank code :000 Voucher Date Vendor Invoice Description/Account Amount I HEREBY CERTIFY THAT THE GOODS AND/ OR SERVICES CHARGED ON THE VOUCHERS LISTED HEREIN HAVE BEEN FURNISHED TO THE BEST OF MY KNOWLEDGE. I FURTHER CERTIFY THE CLAIMS HEREIN TO BE VALID AND CORRECT. ____________________________ DIRECTOR OF FINANCE WE, THE UNDERSIGNED FINANCE COMMITTEE OF THE AUBURN CITY COUNCIL, AUBURN WASHINGTON, DO HEREBY CERTIFY THAT VOUCHER #424846 THROUGH VOUCHER #425097 IN THE AMOUNT OF $2,296,606.54 AND THREE WIRE TRANSFERS IN THE AMOUNT OF $2,049.00 ARE APPROVED THIS 3RD DAY OF SEPTEMBER, 2013. ______________________ CHAIR _______________________ MEMBER ________________________ MEMBER 60Page:CA.B Page 68 of 293 AGENDA BILL APPROVAL FORM Agenda Subject: Payroll Vouchers Date: August 26, 2013 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: Approve payroll vouchers Background Summary: Payroll check numbers 534048 through 534081 in the amount of $307,488.78 electronic deposit transmissions in the amount of $1,278,059.99 for a grand total of $1,585,548.77 for the period covering August 15, 2013 to August 28, 2013. Reviewed by Council Committees: Councilmember:Staff:Coleman Meeting Date:September 3, 2013 Item Number:CA.C AUBURN * MORE THAN YOU IMAGINEDCA.C Page 69 of 293 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4985 Date: August 14, 2013 Department: Parks/Art and Recreation Attachments: Res 4985 Exhibit A Freegame Field Budget Impact: $0 Administrative Recommendation: City Council approve Resolution 4985 Background Summary: The City of Auburn applied for and was awarded grant funds in the amount of $60,000 for a free game play area at the new Lea Hill park. Reviewed by Council Committees: Finance, Planning And Community Development Councilmember:Backus Staff:Faber Meeting Date:September 3, 2013 Item Number:RES.A AUBURN * MORE THAN YOU IMAGINEDRES.A Page 70 of 293 RESOLUTION NO. 4 9 8 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND KING COUNTY ACCEPTING GRANT FUNDS FOR YOUTH SPORTS FACILITIES WHEREAS, King County is the manager of the Youth Sports Facilities Grant Program; and WHEREAS, King County has selected the City of Auburn to be awarded a Youth Sports Facility Grant to assist in capital improvements for increased recreational opportunities, and WHEREAS, there is no matching obligation in the acceptance of these funds; and WHEREAS, the acceptance of the grant funds will benefit the citizens of Auburn NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor and City Clerk are hereby authorized to execute an agreement between the City and King County grant funds in the amount of $60,000, which agreement shall be in substantial conformity with the agreement attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. That the Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No 4985 August 14, 2013 Page 1 of 2 RES.A Page 71 of 293 Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and signed this day of 2013. CITY OF AUBURN PETER B LEWIS, MAYOR ATTEST- Danielle E. Daskam, City Clerk APPRO O FORM: D iel B Heid, City Attorney Resolution No. 4985 August 14, 2013 Page 2 of 2 RES.A Page 72 of 293 @. q Exhibit K;Ng CDU'Al PJ\4s 0 t'a kgKingCounty Youth Sports Facilities Grant Scope of Services Please detail the scope of work to be performed under this contract as described in the YSFG application. You may use and expand upon the application text. Please be thorough in your description of both the entire project and how the YSFG grant will be spent on your project. The Scope is as follows 1.Remove existing home from park site, grade the site and develop drainage and other park amentities such as picnic shelter,playground, skatespot and walking path 2.Provide Base Course and Install Synthetic Surface for Freegame Court 3.Fumish and Install new Goals,and Approprite walls and fencing for 16 by 28 Meter Freegame Court system 1 i 1RES.A Page 73 of 293 4S S t s} s "' a F p f .7" y 7' x _.a 1 r t r t k - e S J' r^' Y _. r R. r k t 'I Yu PROJECT COSTS TOTAL PROJECT MATCH Totals: PROVIDED YSFG REQUEST 214,000 154,000 S60,000 RES.A Page 74 of 293 Department or ExecptiVe SaNlces Finance and 0uslness operaeons DNlsron Procurement and contract Se W Ices emceon Equal Benefits Chlneok Building,CNK-FS-0340 401 Pinh Avenue,3rd Floor,Seatde,WA 96104 Compliance Declaration Kin®County 206-263-9400 Try Relay;71l Fax:206.796-7676 1 King County cannot award a contract until you submit the attached Wodr3heel and this Declaration. i, AAro-A B.Plax- on behalf of Name) Conl Cr>litnF J4M uM ctorNarrre) stale that the Contractor complies with Igng County Ordinance 14823 and related rules because It: iSelecttheOptionthatappliesandsignform,boloW): Option Makes benefits available on an equal basis to all its non-union and union employees with spouses and Its employees with a domestic partner(samc-sox and opposite-sex)OR legally domiciled member of household. option Does not make ANY benefits available to the spouses or the domestic partner OR legally domiciled member of household of employees, Option C Has no employees. i Option D Has received approved authorization from i4ru County Procurement and Contract Services to delay Implementation of equal benefits due to a Collective Bargaining Agreement,Open Enrollment,or Internal Administrative steps.(Substantial Compliance Authorization Femur attached). ALTERNATE COMPLIANCE OPTION D Instructions Prior to seleang this Option D,the contractor must complete and return an alternate compliance form to King County.Upon approval,the form will be returned to be Included as an attachment to this Declaration.The Substantial Compliance Authorization Form can be found at: http•1llvw++idnacounl eov/o oerationsbrocurement/FormslEaual Benefitsasax Statement of Noncompliance state that the Contractor does not comply and does not Intend to comply with King County Ordinance 14823 and related rules for this conbaci. I declare undor penalty of perjury under the laws of the State of Washington that the foregoing Is correct and true, and that I am authorized to bind this entity contractually. Executed this, ayts day of 3 4 Haf _,20 j3,at Anba c/(v) state) RA"' p Signature Name(Please print.) t 6Ma1 .r Rtl s618 a)Er _ el!I- cool -aaa Tttle Federal Tae Identification Number as Wes+ mi Sj!akl VIA 98bv1- u.17 Address U_042_E6 WorkBheeCDedaraaon.dao,Rev.0012009 Page 3 of 3 j i 4 v I 1 RES.A Page 75 of 293 Employee Benefit Employees Spousas DPILDMH Bughl'asa Travel(not mileage) N you No Yes &No Yea No Mamtier Discounts,facllltfes,events Yes ®No E]yes Q No El as No Other(specify): g I$I Yes No Yes No Yes No Other(spsclfO: Yea No Yes Na Yes No I If all of the checked boxes In the"Spouses"and"DPILDMH"columns match for all non-union and,If my,all union employees{sea 5.below),select Option A on Page 3 on the attached Deoiaration.OR: If ANY of the checked boxes in the"Spouses"anti"DPILDMH"columns do NOT match,please reviewOptionDonPage3ofattachedDeclarationtoseeifyouqualifyforalternatecompllance.For all other Contract compliance inquiries,contact King County Procurement and Contract Servloes Section of 2116-263-9400. A. IF YOU HAVE UNION EMPLOYEES a, Are any benefits pvallable to the spouses of union employees? .............®Yes No i b. Are any benefits available to the DPILDMH of union employeas?............0 Yes No If the answer to either Question 4fa1 or lb)Is"VES" continua to Question b. 5. BENErIT6 AVAILABLE FOR UNION EMPLOYEES Pleasp Indicate whigh union benefits are available 611 the list below.All instructions noted In SeellOn3applyhere,}J91@:,lJriton benefits may be controlled by a trust,and the eligibility of DP/LQMH may berestrictedbya'Unlon Trust Administrator.Please contact 11369 County Procurement and ContractSeMcesSectional206-263-6400 to)eam how to apply for a Colloollve Bargaining Delay. Em IoyeoBenefit Emplo ees Souses DPILDMH Health care Yes No Yes No Yes No Dental Care a Yes No ' Yes No ,Yes d NO Vision Care N Yes No Yes No. Q Yes No Life Yes No Yes No Yes ENO Disability Yea No Yes No Yes No Pension/Rellrement Yes No Yes' No Yes No yereavement Leave Yes .(]No Yes Nc Yes No Family L.ea'Ve Yes El No []Yos _No Yes L3 No Relocation MoVin E enses Yea No Yes No El Yes No Business Travel in Yes El No Yes ljNo Yes No Member Dlsceunts fa Illtles,events .Q Yes Vj No Yes No Yes N No Other(s ocl : .a Yes No Yes m No Yes No Others self : Yes No Yes No Yes Q No if all of the checked boxes In the"Sppusas'and"OP/LDMHn.calumns match for all union and,If any,ellnon-unlon amplcybes(see 3.above};spleot Option A on Page 3 of this Declaration,OR: If ANY of the cheoke,d boxes In the'Spouses'and WiLDMH"columns do NX match,please reviewOptionDOnPageofattachedDeclarationtoseeIfyouqualifyforalternatecompliance.For ail other Contract compliance fnquh'les,contact King County Procurement and Contract Services Section pt 206-263-9400. U_042_E9_Workshee DOOlerallon.doc,Rev.0912009 Paget of i RES.A Page 76 of 293 i Department or Executive services kg Flnance and Business Dporatlons Dlvlslon Procurement and contract Services Section Equal Benefits Chinook Building,CNK-FS-0340C{401 Flfth Avenue,9,d flour,Seoul WA 9BiQ4 Compliance Worksheet langcounty 20r 2639400TTY Relay:711-Fact!206,296-7676 iRettnthls'Wodcshect,Dcncicuatton,and any attached altornate complfanre f0MIS to VJtig County Name of Contractor. ( ,T a A146W n ContactPerson: .— _Ba bt^ Phone Number: a 0 - r09e Fax; (1C3j 8oN-316 _ E-mail; alhA luv'/W_ 6N^n Wad nom_ Approximate Numbcr of Employees In the U,S, ._3`(, Sollcitatlon/Contmot* 1. EMPLOYEE INFORMATION e. Do you have any employees?.... ..........................•.......,.....................,,.,IN yes No b. If 1.a is yes,are they Union,Non-Union,OR both?........................... ......N Union CS Non Union If the answer to Question la Is"NO."(you DO NOT have any employees);you do not need to complete the remainder of the worksheet.select Option C on the attached Declaration. 2. IFyou HAVE NONUNION EMPLOYEES a. Do you make any benefits available to employees? paid by employer or frop.........................................................................NYCS No b. Do you make any benefits available to the spouses of employees? Paid by oinployer or noIj............:..........................:...............................:N Yes No c. Do you make any benefits availuble to the domestic partner(OP)OR legally domiciled member of household(OMH)of employees? Sarn"ex and Opposite-sex)IPald by employer or not]:........................N Yes No if the answers to both questions 2(bl and 2(c)are"NO."(benefits offered to neither employees' spouses nor employees'DP or LDMH);so ect Option B on the attached Declaration. If the answer to either Question 2(b)or 2(cl Is"YES".continue to Question 3. 3, BENEFITS AVAILABLE FOR NON-UNION EMPLOYEES Indicate which benefits are madeavailable.below.Check"Yes"for any benefit that Is available, paid for or not(same&opposite-sex).check"No"If not available.Available might mean a death benefit for Pension 0oint annuity)or Disability can be paid to DPILDMH. Bereavement leave polloles must be equal for a DKDMH.Fah111Y leave must Include an on"1111e1's DPILDMH and their dependants.If moving exponseslRelocation Inbreaseawhen Including a rouse,they most also Increase for DPILDMH. Ergployeo Benefit Employees Spouses DP/LOMH Health Cate N Yes No N Yes No N Yes .No Dental Care N Yes No. N Yes No ER Yes No_ Vision Care Yes [.1 No ®Yes No 'N Yes 0 No Ufa El Yes 0 No 0 Yes No N Yes No Disability IrJ 2I Yes •No ®Yes No CD Yes TNo V onlRetlroment A Yes No N Yes No ®Yes No vement Leave 6!j Yes No Yes ®No Yes W No y Leave N Yes No Yes N No Yes N No ation(Moving Expenses) 0 Yes N No Yes [ONO Yes R1 No U_047,,,PB Wad<shseLDedarollon doc,Rev.098009 Page late r:' .` iI I I RES.A Page 77 of 293 Fenn W-9 Request for Taxpayer Glve Forin to the fRev.oecan,9r2ou) Identification Number and Certification requester, I not pensdmenl of the Yreasury sand l0 tIID IRS. Inlvrnd aevu,w 6enke Noma(aa shown M your Income IoM relunA CITY OF AUBURN 9$;', Bwlrourlamoydure6arded m4ry dada,Od'llerenHram above Check eppropdelo bon to led"tex ciassilio lNe: ledMd.W.-Ile wope0101 cc«mreuon accm«aton eanro,WP lrusveswo NantaJ llebitty c«npeny.Enler(he lox Ganlrcnton(C=C dorpareu.n,a=9 corp«olbn,P=parNemhip)P E."Pt payee O 4 Olhor(eea lnatmctbnsy GOVERNMENT Adirse (camber,ebaa6oe wLp rvWtena) Requester's name s,,d atl,Hnv lopllonli 26 WEST MAIN ST At City,slate,and ZIP Code AUBURN WA 80001 List eeceunt numbo(o her.(opuand) Taxpayer Identification Number JTINJ Enter your TIN in the apiomptiato box.The TIN provided must match the nama Olson on the 'Nam social sacum,Unebw IIr-'Ir- IIm1 re avoid eloh,s ft phoning. For isre arde en is yourtheP IInolynuons an 1.Fovothor mentities[al loy,are employer Identification disregarded eddy,Bee the Part Inot ructions page3.For otherentities,4 b your employer Iden118calion numher(EIN).I(you old not have a number,see How to fief e TIN on page 3. Note.It the account to In more[Ilan on a name,see the chart on page 4 lot guidelines on whose employer ltlenliiloalbnnumbe number to enter. 8 1 - 5 0 0 1 2 2 0 Certifioatlon Under penalties of perjury,I eertlly that; 1. 'file number shown on this form Is my correct taxpayer Idanll Ilcellun number for I am walling for a number to be Issued tome),and 2.1 am not subject to backup withholding because:(al I am exempt from backup withholding,or(D)I have not been notified by the Internal RevenueService(IRS)that I em subleut to backup withholding as a result of a failure to report all Interest or dMdenda,or full the IRS has notified me that I am rw longer subject to backup withholding,and 3. 1 awn a U.S.Alien a other U.S.person(donned below). Certification Instructions,You most cross out Item 2 above If you have boon notified by the IRS that you we currently su timer to backup withholding because you have taxed to report all Interest and dividends on your tax return.For real estate transactions,Item 2 does not apply.For mortgage Interest paid,acgldslllon or ahandomddnt of secured property,cancellation of cubit contrbutons to an Individual retirement arrangement(IRA],and generally,psymeNS other than Interest and dividends,you am not required to elan the conllbaton,but you must provide your correct TIN.See the Hru Codson eg " e a L o r r n coin General InstrtdottoYls Note.its requester 8k'es you a form other than Form W-8 to yequesl your TIN,you must use the requmler'e form Ifit Is substantially slmllar Section romeencee are to the Internal Rovonue Code Unless otherwise to ttv.Form W-e. noted. Condition of a U.S.person.Forfedsml tax purposes,you are Purpose of Forltf considered a U.S.person if you are: A person who Is required to 1IPo an Inormallon return will,One IRS trust •An Individual vino Is a U.S.citizen or U.S.resident anon, obtain your correct taxpayer identification number(TIN)to report,for A partnership,corporation,company,or association created or exempt%Income peld to you,real estate barr eelbns,mortgage Interest organized In the United Slates a under the Imes of the United Stoles, you pai d,acqulsMun a abandonment of secured property,Cancellation .An estate loth at than a foreign estate),or of debt,or contributions you,leads to on IRA. A domestic trust(as dellned In Regulators section 301.7701-7), Use Farm W-9 only 11 you are a U.S.person(Including aresltiont Special rules for partnerships.ParinerBtUpa trial conduct atrade a aloy,to provide your correct 11N to the person requesting It(the business In the UN led States we generally required to pay a withholding requester)end,when applicable,to: tax on any foreign owners'share of Income ride such bust nose. 1.Certify If el the TIN you are giving Is cormot(or you are walling for a Further,In certain cases whore a Form W-9 has not boon received,a number to be Imebod), pannemhip Is required to presume that a partner Is a foreign person, 2.Certify that you are ral subject to backup withholding,or and pay thewithholding lax.Therefore,ll you are a U.6.pursue that Is a 3.Clotm exemption from backup withholding It you are n US.exempt partner In s part anship conducting a trade or business In the United payee.If applicable,you are also canllirg that as a U.S.person,your Stales,provldd Form W-9 to the partnership to setebleh your U.S. a8ocab!e shwa of any partnership Income from a US.trade or business statue and avoid withlholrng or your share of partnership Income. Is not sub)oot to who withholding lax on fwalgn partners'share of effectively connected Income. GU.No 19431x Farm W-9(ReV.12.4911) RES.A Page 78 of 293 YOUTH SPORTS FACILITIES GRANT CONTRACT-2013 Depantment/Division Natural Resources and Parks / Parks Division Agency: Auburn Parks&Recreation Project Title: Lea Hill Park FreeGame Synthetic Court Contract Amount:60,000 Cost Center: 355000 Contract Period From: January 1,2013 To Deceinber31,2014 Contract Number: 5520804 Project Number: K13001 THIS CONTRACT is entered into by KING COUNTY(the"County"), and Auburn Parks&Rcereation(the Agency"),whose address is 910 9th Street SE,Auburn,WA 98002-, WHEREAS,Kung County is the manager of the Youth Sports Facilities Grant(YSFG)Program; WHEREAS,the Agency is either a public agency or a non-profit organization whose land or facility will provide recreational or athletic opportunities primarily to youth under 21 years of age; WHFREAS, King County ties selected the identified agency to be awarded a Youth Sports Facility Grant to assist in capital improvements for increased recreational opportunities; WHEREAS, the Agency and/or landowner whose property will receive these improvements will develop,program,operate,and maintain the facility to address a recreation need in King County; WHEREAS, Kung County has the authority under KC Ordinance 10454 to enter into agreements for the use of King County funds by public agencies and/or non-profit organizations to provide a service to the publ ic, This form is available in alternate formats for people with disabilities upon request. Page 1 of 13 RES.A Page 79 of 293 NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned,to be made and performed by the parties hereto,the parties covenant and do mutually agree as follows: 1. SCOPE OF SERVICES The Agency shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits,which are incorporated herein by reference: Scope of Services Attached hereto as Exhibit I Budget Attached hereto as Exhibit II hrvoice Voucher Attached hereto as Exhibit HI Reporting Attached hereto as Exhibit IV Design Documents Attached hereto as Exhibit V Insurance Certificate Attached hereto as Exhibit VI W-9 Attached hereto as Exhibit VII Equal Benefits Attached hereto as Exhibit VIII 2. TERM OF CONTRACT This Contract shall commence on the I-q day of Jarmarv,2013,and shall expire on the 31st day of December 2014,unless extended or terminated earlier,pursuant to the terms and conditions of the Contract. 3. PREMISES This grant project is located at: Lea Hill Park,Auburn Commonly known as (Facility Name),and referred to herein as"the Premises." 4. PARTIES All communication,notices,coordination, and other tenets of this Contract shall.be managed by: On behalf of King County: Butch Lovelace,YSFG Program Manager King County Department of Natural Resources and Parks 201 South Jackson Street,Suite 700 Seattle,WA 98104-3855 Email:butch.lovelacegDkin comrty.grov Phone:206.263.6267 a s Page 2 of 13 1 3 RES.A Page 80 of 293 On behalf of: Daryl Faber Auburn Parks&Recreation 910 9th Street SE Auburn,WA 98002 Email: dfaber@aubuinwa.gov Phone:(253)931-3041 5. COMPENSATION AND METHOD OF PAYMENT A. The County shall reimburse the Agency for satisfactory completion of the services and requirements specified in this Contract after the agency submits an invoice and all accompanying reports as specified in the attached exhibits. The County will initiate authorization for payment after approval of corrected invoices and reports. The County shall make payment to the Agency not more than 30 days after a complete and accurate invoice is received. B. The Agency shall submit its final invoice and all outstanding reports within 15 days of the date this Contract expires or is terminated. If the Agency's final invoice and reports are not submitted by the day specified in this subsection,the County will be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice. 6. OPERATING BUDGET When a budget is attached hereto as exhibit II,the Agency shall apply the funds received from the County under this Conti-act in nceordance with said budget. If, at any time during the Term of this Contract,the Agency expects that the cumulative amount of transfers among the budget categories, i.e. Project Tasks, may exceed 10% of the Contract amount, then the Agency shall request an amendment to this Contract. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. County approval of any such amendment shall not be unreasonably withheld. 7. COMMUNICATION The Agency shall recognize King County Parks as a fiscal sponsor for the grant project in the following manner: A. Plaque: At the time of project completion or dedication, whichever comes fast, the Agency shall install on or near the facility a plaque provided by the County that notes King County as a fiscal sponsor. B. Events: The Agency shall invite and recognize King County Parks at all events promoting the project during construction,and at the final project dedication. 1 C. Written material: The Agency shall recognize King County Parks as a fiscal sponsor in all brochures, banners, posters, press releases and other promotional material related to the Project. Page 3 of 13 i RES.A Page 81 of 293 8. PUBLIC ACCESS;PRIORITY OF USE; SCHEDULING The Agency shall to the greatest extent reasonably possible make the project available for use by the general public without imposing unreasonable requirements for public use. The Agency shall to the greatest extent reasonably possible give priority of use to persons under the age of twenty- one. Fees for use of the project shall be no greater than those generally charged by public operators of similar facilities in King County The period of time that the Agency must provide public access and priority of use is based on the level of County finding as set forth below. If the facility is removed from public recreational use before the end of the specified period, then the Agency shall reimburse the County's funding on a pro rata basis, determined by dividing the number of years of lost public use by the total years of required dedication, multiplied by the total County grant amount. By way of example only, if the County makes a $10,000 grant to Agency X, then the agency's project must be dedicated to public use and priority of use by youth for 5 years. If Agency X eliminates public access to the project after 3 years, such that 2 years of public access and youth priority are lost,then Agency X must repay the County$4,000(2/5 * 10,000=$4,000). Range of County Grant Required Perlod of Dedicated Public Use/Youth Priority 0-$14,999 5 15,000$29,999 8 30,000-$49,999 12 50,000475,000 15 If the completed project is subject to scheduling or reservation for use,then the Agency shall post the use schedule and the Agency's scheduling or reservation policies,practices,and information in a highly visible location near the project and/or on their website; and the Agency shall permit the public to schedule or reserve use of the completed project consistent with the requirements of this section 8. Agency's duties under this section 8 will survive the expiration or earlier termination of this contract. 9. GREEN BUILDING King County is oommittM to promoting and using green building practices in construction projects.Though not required,King County strongly encourages practices that conserve resources, use recycled content materials,maximize energy efficiency, and otherwise consider environmental, economic and social benefits in the design and construction of a building project. i 10.INTERNAL CONTROL AND ACCOUNTING SYSTEM The Agency shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards in accordance with Revised Code of Washington(RCW) Chapter 40.14. Page 4 of 13 RES.A Page 82 of 293 11.MAINTENANCE OF RECORDS A. The Agency shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. B. These records shall be maintained for a period of six(6)years after the expiration or earlier termination of this Contract unless permission to destroy them is granted by the Office of the Archivist in accordance with Revised Code of Washington(RCW)Chapter 40.14. C. The Agency shall inform the County in writing of the location,if different from the Agency address listed on page one of this Contract, of the aforesaid books, r'ecord's, documents, and other evidence and shall notify the County in writing of any changes in location within ten 10)working days of any such relocation. 12.RIGHT TO INSPECT Icing County reserves the right to review and approve the performance of Agency with regard to this Contract, and, at its sole discretion, to inspect or audit the Agency's records regarding this Contract and the Project upon reasonable notice during normal business hours. 13.COMPLIANCE WITH ALL LAWS AND REGULATIONS The Agency,in cooperation acrd agreement with the owners of the Premises,shall comply with all applicable laws, ordinances and regulations in using funds provided by the County, including, without limitation, those relating to providing a safe working environment to employees and, specifically, the requirements of the Washington Industrial Safety and Health Act(MSHA); and, to the extent applicable, those related to "public works," payment of prevailing wages, and competitive bidding of contracts. The Agency specifically agrees to comply and pay all costs associated with achieving such compliance without notice from King County; and further agrees that Icing County, does not waive this section by giving notice of demand for compliance in any instance. The Agency shall indemnify and defend the County should it be sued or made the subject of an administrative investigation or hearing for a violation of such laws related to this Contract. 14.CORRECTIVE ACTION A. If the County determines that a breach of contract has occurred or does not approve of the Agency's performance, it will give the Agency written notification of unacceptable performance. The Agency will then take corrective action within a reasonable period of time,as may be defined by King County in its sole discretion in its written notification to the Agency B. The County may withhold any payment owed the Agency until the County is satisfied that corrective action has been taken or completed. Page 5 of 13 s a a iRES.A Page 83 of 293 15.TERMINATION A. The County may terminate this Contract in whole or in part, with or without case, at any time during the Term of this Contract, by providing the Agency ten (10) days advance written notice of the termination. B. If the termination results from acts or omissions of the Agency, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Agency shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Agency by the County. C. Any King County obligations under this Contract beyond the current appropriation year are conditioned upon the County Council's appropriation of sufficient funds to support such obligations. If the Council does not approve such appropriation, then this Contract will terminate automatically at the close of the current appropriation year. 16.FUTURE SUPPORT;UTILITIES AND SERVICE The County makes no corrunitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted for herein except as expressly set forth in this Contract. The Agency understands, acknowledges, and agrees that the County shall not be liable to pay for or to provide any utilities or services in connection with the construction, operation,maintenance,or use of the project contemplated herein. 17.HOLD H 1RAHXSS AND INDEMNIFICATION The Agency agrees for itself, its successors, and assigns, to defend,indemnify, and hold harmless King County, its appointed avid elected officials, and employees from and against liability for all claims, demands, suits, and judgments, including costs of defense thereof, for injury to persons, death, or property damage which is caused by, arises out of, or is incidental to any use of or occurrence on the Project that is the subject of this Contract,or the Agency's exercise of rights and privileges granted by this Contract, except to the extent of the County's sole negligence. The Agency's obligations under this section shall include: A. The duty to promptly accept tender of defense and provide defense to the County at the Agency's own expense; B. Indemnification of claims made by the Agency's employees or agents;and C. Waiver of the Agency's immunity under the industrial insurance provisions of Title 51 RCW. but only to the extent necessary to indemnify King County, which waiver has been mutually negotiated by the parties. In the event it is necessary for the County to incur attorney's fees, legal expenses or other costs to enforce the provisions of this section, all such fees, expenses and costs shall be recoverable from the Agency. I In the event it is determined that RCW 4.24.115 applies to this Contract, the Agency agrees to protect, defend, indemnify and save the County, its officers, officials, employees and agents from any and all claims, demands, suits, penalties, losses damages judgments, or costs of any kind whatsoever for bodily injury to persons or daruage to property(hereinafter"claims"),arising out of or in any way resulting from the Agency's officers, employees, agents mid/or subcontractors of all tiers, acts or omissions, performance of failure to perform the rights and privileges granted under Page 6 of 13 RES.A Page 84 of 293 this Contract, to the maximum extent permitted by law or as defined by RCW 4.24.115, as now enacted or hereafter amended. A hold harmless provision to protect King County similar to this provision shall be included in all Contractor or Subcontractor Agreements entered into by Agency in conjunction with this Contract. Agency's duties under this section 17 will survive the expiration or earlier termination of this contract. 18. INSURANCE A. Liability Insurance Requirements.Notwithstanding any other provision within this Contract, the Agency shall procure and maintain the following Minimum Limits of Insurance and shall require their contractors to procure and maintain: 1. Commercial General Liability. (to include Products-Completed Operations) insurance against claims for injuries to persons or damages to property that may arise from or in connection with activities under this Contract. General liability insurance shall be as broad as that provided by Commercial General Liability occurrence"form COON 1 (Ed. 11/85). The insurance limits shall be no less than One Million dollars ($1,000,000) combined single limit per occurrence and Two million dollars ($ 2,000,000) in the aggregate for bodily injury and property damage 2. Automobile Liability. Insurance Services form number CA 00 01 (Ed. 1/80) any auto.If the grant includes the use of automobiles,the Limit of Liability shall be no less than One Million dollars($ 1,000,000)per occurrence. 3. Workers Compensation/Stop Gap. If the recipient or its contractors has employees, parties shall provide Statutory Workers Compensation coverage and Stop Gap Liability for a limit no lessthan One Million dollars($1,000,000) 4. ProfessionalLiabili . If the grant includes the use of Professional Services, a Per Claim/Aggregate Limit of$ 1,000,000.shall be provided. B. If the grant involves the construction of a capital project or involves the purchase of equipment greater than $ 5,000.00 in value, the Agency shall provide "All Risk" Builders Risk or Property" coverage for the fall replacement value of the project/property built/pumhmed. King County shall be listed as a Loss payee as our interests may appear C. King Comity and its officers, officials, employees and agents shall be covered as additional iusured with inspect to liability arising out of activities performed by the Agency and its contractors. Additional Insured status shall include Products-Completed Operations. D. To the extent of the Agency's or its contractor's negligence,their insurance respectively shall be primary insurance with respect to the County, its officers, employees and agents. Any insurance or self-insurance maintained by the County, and its officers, officials, employees or agents shall not be subjected to contribution in favor of the Agency or its contractors insurance and shall not benefit their in any way Page 7 of 13 i RES.A Page 85 of 293 The Agency's and its contractors' insurance shall apply separately to each insured against whom a claim is made or a lawsuit is brought,subject to the limits of the insures liability. E: Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except by the reduction of the applicable aggregate limit by claims paid,until after thirty(30)days' prior written notice has been given to and change in coverage accepted by King County. F; The insurance provider must be licensed to do business in the State of Washington and maintain a Best's rating of no less than A VIII. The Agency must provide a Certificate of Insurance and Additional Insured Endorsement to the(Exhibit VII),and upon written request of the County, provide a duplicate of the policy as evidence of insurance protection. The Agency shall be responsible for the maintenance of their contractors' insurance documentation. G. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this section. H. The Agency's duties under this section 18 shall survive the expiration or earlier termination of this Agreement. The Agency understands,acknowledges and agrees that for the relevant period of public use set forth in section 8,the Agency shall maintain insurance and name the County as an additional insured,all of which shall be consistent with the requirements of this section 18. 19. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A. Nondiscrimination in Employment During performance of this Contract, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of the employee or applicant's sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by ntinimun age and retirement provisions,unless based upon a bona fide occupational qualification. B. Equal Employment Opportunity Efforts The Contractor will undertake, and require all Subcontractors to undertake equal employment opportunity efforts to ensure that applicants and employees are treated, without regard to their sex,race, color,marital status, national origin,religious affiliation,disability, sexual orientation, gender identity or expression or age. Equal employment opportunity efforts shall include,but not be limited to,the following: employment, upgrading,demotion or transfer; recruitment or recruitment advertising; layoff or tennination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. The Contractor agrees to post, and to require Subcontractors to post in conspicuous places available to employees and applicants for employment notices setting forth this nondiscrimination clause. In accordance with KCC 12.16.010.J, "equal employment opportunity efforts"shall mean active efforts to ensure equal opportunity in employment that is free from all forms of discrimination. Ref:KCC 12.16.020. I 1 Page 8 of 13 RES.A Page 86 of 293 C. Equal Benefits to Employees with Domestic Partners Pursuant to Ordinance 14823, King County's "Equal Benefits" (EB) ordinance, and related administrative rules adopted by the County Executive, as a condition of award of a contract valued at $25,000 or more, the Contractor agrees that it shall not discriminate in the provision of employee benefits between employees with spouses, and employees with domestic partners during the performance of this Contract. Failure to comply with this provision shall be considered a material breach of this Contract, and may subject the Contractor to administrative sanctions and remedies for breach. D. Nondiscrimination in Subcontracting Practices. During the term of this Contract, the Contractor shall not create barriers to open and fair opportunities to participate in County contracts or to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers front and doing business with subcontractors and suppliers, the Contractor shall not discriminate against any person because of their sex, race, color, marital status, national origin,religions affiliation,disability,sexual orientation,gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. E. Compliance with Laws and Regulations. The Contractor and all Subcontractors shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit discrimination. These laws include, but are not limited to, Chapter 49.60 RCW, Titles VI and VII of the Civil Rights Act of 1964, the American with Disabilities Act, and the Restoration Act of 1987. KCC chapters 12.16, 12.17 and 12.18 are incorporated herein by reference and the requirements in these code sections shall specifically apply to this Contract. The Contractor and all Subcontractors shall further comply fully with any equal opportunity requirements set forth in any federal regulations, statutes or rules included or referenced rut the contract documents. F. Small Contractors and Suppliers Policy. Policy. It is King County policy that Small Contractors and Suppliers(SCS)have equitable opportunities to participate in the performance of goods and services contracts issued by King County, and that contractors and subcontractors shall afford equal opportunity in employment while providing supplies and services for and to Icing County. Inquiries and Infomation Regarding King County Certified SCS Firms. Direct inquiries on how to apply for SCS certification, or obtain a list of King County Certified Firms to the King County Business Development and Contract Compliance(BDCC) office by telephone at 206-263-9734. Information about becoming a King Comity Certified SCS Firm, as well as aDirectory of King County Certified Finns is available at:http://www.icingcounty.gov/bdcc. Definitions.The following definitions shall apply throughout this Section. 1. "Administrator"means the Director of Finance. 2. "Certified SCS Finn" means a business that has applied for participation in King County's Contracting Opportunities Program, and has been certified as an SCS by the King County BDCC office. Page 9 of 13 RES.A Page 87 of 293 3 "Small Contractor or Supplier" or"(SCS)"means that a business and the person or persons who own and control it are in a financial condition, which puts the business at a substantial disadvantage in attempting to compete for public contracts. The relevant financial condition for eligibility under the Contracting Opportunities Program is based on a dollar ceiling for standard business classifications that is set at fifty percent (50 94%) of the Federal Small Business Administration (SBA) small business size standards using the North American industrial Classification System NAICS),and an Owners'Personal Net Worth less than$750K dollars. G. Compliance with Section 504 of the Rehabilitation Act of 1973, as amended(Section 504) and the Arnerican with Disabilities Act of 1990 as amended(ADA). Pursuant to Title B of the ADA,and Section 504,King County must not discriminate against people with disabilities in providing services, programs or activities even if those services, programs or activities are carried out by contractors. The Contractor agrees that it shall provide all programs, set-vices,and activities to County employees or members of the public tinder this Contract in the same manner as King county is oblicated to under Title II of the ADA, and Section 504 and shall not deny participation of the benefits of such setvices, programs, or activities to people with disabilities on the basis of such disability Failure to comply with this Section 7.1.11 shall be a material breach of, and grounds for the immediate termination of,this Contract. The Contractor agrees to provide to persons with disabilites access to programs, activities and services provided under the Contract,as required by the disability access laws as defined by KCC 12.16. The Contractor shall not discriminate against persons with disabilities in providing the Work. rn any subcontracts for the programs, activities and services under their Contract,the Contractor shall include the requirement that the Subcontractor provide to persons with disabilities access to programs, activities and services provided tinder the Contract, as required by the disability access laws as defined by KCC 12.16; that the Subcontractor shall not discriminate against persons with disabilities in providing the Work under the Contract; and that the Subcontractor shall provide that the County is a third party beneficiary to that required provision. H. Sanctions for Violations-Any violation of the mandatory requirements of the provisions of this Section shall be a material breach of Contract, for which the Contractor may be subject to damages, withholding payment and any other sanctions provided for by Contract and by applicable lacy. 21. CONFLICT OF INTEREST KCC Chapter 3,04 (Employee Code of Ethics) is incorporated by reference as if fully set forth hence, and the Agency agrees to abide by all conditions of said chapter. Failure by the Agency to comply with any requirement of said I{CC Chapter shall be a material breach of contract. 22.POLrTICALACTMTXPROHIBTI'ED None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. Page 10 of 13 i RES.A Page 88 of 293 23.PROJECT MAMNANCE: EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSIIIP A. As between the County and the Agency, the Agency shall be responsible to operate and maintain the completed project at its own sole expense and risk. The Agency shall maintain the completed project in good working condition consistent with applicable standards and guidelines. The Agency understands, acknowledges, and agrees that the County is not responsible to operate or to maintain the project in any way. B. The Agency shall be responsible for all properly purchased pursuant to this Contract, including the proper care and maintenance of any equipment. C. The Agency shall establish and maintain inventory records and transaction documents purchase requisitions, packing slips, invoices, receipts) of equipment and materials purchased with Contract funds. D. Tlne Agency's duties trader this section 23 shall survive the expiration of this Agreement. 24.NOTICES Whenever this Contract provides for notice to be provided by one party to another, such notice shall be: A. In writing;and B. Directed to the person specified in Section 4 of this Contract. C. Any such notice shall be deemed to have been given on the date of delivery,if mailed,on the third(3rd)business day following the date of mailing;or,if sent by fax, oar the first(1st) business day following the day of delivery thereof by fax.Notice smart solely by a-mail shall not be a sufficient form of notice under this Contract. D Either party may change its address,fax number or the name of the person indicated as the recipient by notice to the other in the manner aforesaid. In the event of interruption or threatened interruption in postal service,such notice shall be delivered addressed as aforesaid or sent by fax. 25. ASSIGNMENT The Agency shall not assign any portion of rights and obligations under this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. The Agency must seek such consent in writing not less than fifteen (15) days prior to the date of any proposed assignment. 26. CONTRACT AMENDMENTS Either party may request changes to this Contract. Proposed changes that are mutually agreed upon shall be incorporated by written amendments to this Contract. Page 11 of 13 RES.A Page 89 of 293 27. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach mid shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. 28. TAXES Ube Agency agrees to pay on a current basis all taxes or assessments levied on its activities and property, including, without limitation, any leasehold excise tax due under RCW Chapter 82.29A; PROVIDED, however,that nothing contained herein will modify the right of the Agency to contest any such tax, and the Agency will not be deemed to be in default as long as it will, in good faith, be contesting the validity or amount of any such taxes. 29. WASHINGTON LAW CONTROLLING;WHERE ACTIONS BROUGHT This Contract is made in and will be in accordance with the laws of the State of Washington,which will be controlling in any dispute that arises hereunder. Actions pertaining to this Contract will be brought in King County Superior Corot,King County,Washington. 30. PARAGRAPH HEADINGS The paragraph headings contained herein are only for convenience and reference and arc not intended to be a part of this Contract or in any manner to define, Ihuit,or describe the scope or intent of this Contract or the particular paragraphs to which they refer. 31. PUBLICDOCUMFNT This Contract will be considered a public document and will be available for inspection and copying by the public. 32. LEGAL RELATIONS Nothing contained herein will make, or be deemed to make,the County and the Agency a partner of one another, and this Contract will not be construed as creating a partnership or joint venture. Nothing in this Contract will create, or be deemed to create, any right, duty or obligation in any person or entity not a party to it. 33. SINGULAR AND PLURAL Wherever the context will so require,the singular will include the plural and plural will include the singular. Page 12 of 13 RES.A Page 90 of 293 34. PERMITS AND LICENSES The Agency will obtain and maintain,at its own and sole costs and expense,all necessary permits, licenses and approvals required for the Project. 35. INTERPRETATION OF COUNTY RULES AND REGULATIONS If there is any question regarding the interpretation of any County rule or regulation,the County decision will govern and will be binding upon the Agency 36. POLICE POWERS OF THE COUNTY Nothing contained in this Contract will diminish,or be deemed to diminish,the governmental or police powers of the county 37. ENTIRE AGREEMENT This Contract, including its attachments,constitutes the entire Contract between the County and the Agency. It supersedes all other agreements and understandings between them,whether written,oral or otherwise. KING COUNTY AGENCY FOR King County Executive Signature Date NAME(Please type or print),Title Date Page 13 of 13 RES.A Page 91 of 293 KOMPAN. FREEGAME o I t 10 r R oc Click on a button to view info"ation about the equipment NA j N 9 i RES.A Page 92 of 293 AGENDA BILL APPROVAL FORM Agenda Subject: Theater Lease Date: August 21, 2013 Department: Finance Attachments: Memo Lease Attachment B Attachment C Budget Impact: $0 Administrative Recommendation: For discussion only. Background Summary: For review and discussion only. See attached memo. Reviewed by Council Committees: Finance Councilmember:Staff:Coleman Meeting Date:September 3, 2013 Item Number:DI.A AUBURN * MORE THAN YOU IMAGINEDDI.A Page 93 of 293 Interoffice Memorandum To: Finance Committee From: Shelley Coleman, Finance Director Daryl Faber, Parks Director CC: Peter Lewis, Mayor Date: August 27, 2013 Re: Auburn Theater Financial Information Per the Committee’s request, attached are the following documents related to the Auburn Theater: A. Theater Lease Agreement. This agreement was authorized by Council in July 2006 via Resolution 4063. The agreement provides for a 15 year agreement Jan 1, 2007 – Dec 31, 2021 (Section 1) with an initial base lease payment of $5,500/month or $66,000/yr, escalated annually based upon the US CPI-W (Section 3). B. Theater Historical Revenues and Expenses. This table provides the annual revenues and expenditures of the Theater, including the aforementioned lease payments. Annual expenditures for the Theater has ranged from $121,000 in 2007 (year of inception) to $474,000 in 2012. Based upon a 4:1 direct and indirect economic benefit ratio (four-dollars of economic benefit for every one-dollar spent), the estimated benefit to the broader regional economy is estimated at $485,000 (in 2007; calculation: $121,374.28 x 4) to $1.9 million (in 2012; calculation: $474,105.57 x 4). C. Theater Lease Payments. This table presents the historical and forecasted annual lease payments through 2021 for the Theater based upon the lease provisions discussed above. Future lease payments are based upon an assumed US CPI-W rate of inflation of 3.0%/yr. Please let us know if the Committee wishes further information on the above. Page 1 of 1 DI.A Page 94 of 293 DI.A Page 95 of 293 DI.A Page 96 of 293 DI.A Page 97 of 293 DI.A Page 98 of 293 DI.A Page 99 of 293 DI.A Page 100 of 293 DI.A Page 101 of 293 DI.A Page 102 of 293 DI.A Page 103 of 293 ATTACHMENT B City of Auburn Theater Summary of Historical Revenues and Expenditures 2008-2013 YTD 2007 Actual 2008 Actual 2009 Actual 2010 Actual 2011 Actual 2012 Actual 2013 Actual TD AUBURN THEATER TICKET SALES 17,206.00 34,562.60 43,938.20 65,631.90 74,517.40 98,389.72 48,095.15 Auburn Ave Theater Class Revenue - - - - 11,583.00 23,825.00 22,019.00 AUBURN THEATER RENTAL INCOME - 13,699.00 11,950.55 9,966.00 4,690.00 5,368.00 6,475.76 THEATER CONTRIBUTIONS & SPONSORSHIP 5,500.00 - - - - - - Total Revenues 22,706.00 48,261.60 55,888.75 75,597.90 90,790.40 127,582.72 76,589.91 REGULAR SALARIES & WAGES - 54,646.40 57,296.96 58,574.40 74,998.82 78,294.64 48,500.08 OVERTIME - 1,254.91 1,714.98 295.69 1,451.40 844.20 1,671.29 OTHER WAGES - - 204.00 30.00 12,065.35 9,382.66 12,241.24 F.I.C.A - 4,188.74 4,418.41 4,392.79 6,586.96 6,577.10 4,656.95 OTHER FRINGE BENEFITS - - - - - - - PENSIONS - 4,024.91 4,027.72 3,126.10 4,852.61 6,206.23 4,059.01 INDUSTRIAL INSURANCE - 1,232.49 1,232.56 1,545.65 3,054.16 3,006.37 2,658.85 MEDICAL & LIFE INSURANCE - 15,923.91 16,453.55 18,867.29 24,049.84 26,739.71 16,478.06 OFFICE & OPERATING SUPPLIES 5,821.48 4,541.95 3,043.25 2,881.24 6,333.97 4,924.00 7,607.41 SMALL TOOLS AND EQUIPMENT 1,729.86 - 6,208.92 6,837.36 9,206.54 9,962.05 5,269.38 PROFESSIONAL SERVICES 32,912.60 66,493.33 51,009.87 66,504.12 72,659.73 101,235.94 65,754.73 COMMUNICATION 2,316.46 2,495.07 3,481.25 2,982.53 3,244.21 3,644.85 1,997.96 TRAVEL - - - - 586.19 - - ADVERTISING 3,395.30 6,712.01 8,212.67 6,073.42 8,806.70 7,623.37 5,024.25 OPERATING RENTALS & LEASES 563.56 4,636.54 1,383.40 256.23 3,492.15 8,065.63 9,726.02 INSURANCE - - - - - - - UTILITIES 4,625.24 6,237.06 - - - - - REPAIRS & MAINTENANCE - - - 3,000.00 3,271.88 770.41 - MISCELLANEOUS 4,009.78 350.00 1,023.89 2,586.61 1,738.23 2,774.29 1,426.43 THEATER LEASE PAYMENTS*66,000.00 67,763.28 71,523.52 70,111.44 71,064.24 73,950.12 75,117.00 INTERFUND PRINTING SERVICES - 1,296.00 4,704.00 18,204.00 27,996.00 28,296.00 6,769.00 INTERFUND FACILITIES - - - 90,600.00 106,896.00 95,604.00 57,400.00 INTERFUND IS SERVICES - 3,096.00 6,000.00 5,496.00 6,096.00 6,204.00 6,706.00 Total Expenditures 121,374.28 244,892.60 241,938.95 362,364.87 448,450.98 474,105.57 333,063.66 Estimated Economic Return (4:1 Ratio of Expenses)485,497.12 979,570.40 967,755.80 1,449,459.48 1,793,803.92 1,896,422.28 1,332,254.64 2013 financial information as of 8.27.2013 August 27, 2013 Source: Eden Financial System F:\Financial Planning Manager\Parks\Theater\[Theater 2008-2013 YTD revenues and expenses.xlsx]Line Item Detail DI.A Page 104 of 293 ATTACHMENT C Auburn Theater Lease Payment Schedule Amount 2007 Actual 66,000.00 2008 Actual 67,763.28 2009 Actual 71,523.52 2010 Actual 70,111.44 2011 Actual 71,064.24 2012 Actual 73,950.12 2013 Actual 75,117.00 2014 Estimate 77,370.51 2015 Estimate 79,691.63 2016 Estimate 82,082.37 2017 Estimate 84,544.85 Assumes US-CPI-W of 2018 Estimate 87,081.19 3.0%/yr 2019 Estimate 89,693.63 2020 Estimate 92,384.44 2021 Estimate 95,155.97 Lease terms: Commence Jan 1, 2007 through Dec 31, 2021 (Section 1) Annual rental escalated by US CPI-W (Section 3) 2013 financial information as of 8.27.2013 Source: Eden Financial System F:\Financial Planning Manager\Parks\Theater\[Theater 2008-2013 YTD revenues and expenses.xlsx]Line Item Detail DI.A Page 105 of 293 AGENDA BILL APPROVAL FORM Agenda Subject: Proceeds from Property Sales Date: August 21, 2013 Department: Finance Attachments: Memo Budget Impact: $0 Administrative Recommendation: Background Summary: For discussion only. See attached memo. Reviewed by Council Committees: Finance Councilmember:Staff:Coleman Meeting Date:September 3, 2013 Item Number:DI.B AUBURN * MORE THAN YOU IMAGINEDDI.B Page 106 of 293 Page 1 of 2 Interoffice Memorandum To: Finance Committee From: Shelley Coleman, Finance Director CC: Pete Lewis, Mayor Date: August 28, 2013 Re: Treatment of Proceeds from City Owned Property Sales The City just closed on the sale of Suite 380 in the Annex Building, receipting in $1,020,000 from the sale. Additionally, there are two City owned blocks, commonly known as the Chamber/Gambini and Crites/Huff blocks, under contract for sale. The buyer is currently performing their due diligence on the potential purchase. The contract closing date is to occur on or before 12/31/2013. The anticipated proceeds from the sale of these blocks is approximately $1,650,000 ($800,000 for the SW block [Crites/Huff] and $850,0000 for the SE block [Chamber/Gambini]). The sale of Suite 380 and the two blocks would generate approximately $2,670,000. Funds from these property sales will be receipted into the Capital Facility fund. Council will decide how these funds are used in the future. These funds are considersed to be capital in nature, which means they are one-time funds versus funding sources that are operating in nature. Operating funds are ongoing, from period to period. Taxes or fees are an example of operating funds. Capital funds should be deployed for projects or programs that are considered to be a one-time expenditure such as construction projects or programs that are not ongoing. Council could decide to let the funds stay in the Capital Facilities fund to offset costs of capital projects to be identified in future budgets, restrict them for use in a particular project, or apply to existing debt. To apply to existing debt, Council would direct to set aside funds in a special account or defease the debt. The set aside funds would pay the remaining debt service payments. An example would be to defease the 2010 library refunding bonds ($1,664,450) which run through 2018. The City would put the total future debt service payments in escrow, if defeasance is chosen, or a dedicated account if the City wishes to administer the payments. The bonds would payout to the bond holders on schedule. DI.B Page 107 of 293 Page 2 of 2 Under defeasance, the City would no longer be required to report the bonds as outstanding and the debt would not be considered in the debt limit calculation. If the City sets up an account and administers the payments then the debt would remain on the books and be considered in the debt limit calculation. Due to the fact the City has remaining debt capacity, I would recommend setting the funds into a special interest bearing account at the City and administering the payments. This would free up the $280,000 annual budget payment for these bonds and allow the City to leverage the payment towards a new bond issue. A new 20-year bond would generate around $3.5 to $3.9 million, depending on the interest rate. DI.B Page 108 of 293 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6476 Date: August 27, 2013 Department: Planning and Development Attachments: Agenda Bill Ord 6476 DNA and Signed Checklist Budget Impact: $0 Administrative Recommendation: For discussion only. Background Summary: See attached Agenda Bill. Reviewed by Council Committees: Finance, Planning And Community Development Other: Legal, Planning Commission Councilmember:Backus Staff:Dixon Meeting Date:September 3, 2013 Item Number:DI.C AUBURN * MORE THAN YOU IMAGINEDDI.C Page 109 of 293 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6476, Proposed amendments to Auburn City Code Section 16.10.110 related to mitigation standards, criteria and plan requirements to allow mitigation outside the city (File No. ZOA13-0004). Date: August 27, 2013 Department: Planning and Development Attachments: See exhibit list (at end of report) Budget Impact: N/A Administrative Recommendation: Finance Committee to review Ordinance No. 6476 amending Auburn City Code Chapter Section 16.10.110 Summary: The purpose of this amendment to the code is to provide greater flexibility in the city’s critical area regulations and specifically to allow mitigation, especially wetland mitigation, to be located outside the city limits which is not currently allowed. The general approach of these code amendments was discussed with and reviewed by the Planning and Community Development Committee of the City Council on May 28, 2013 at their regular meeting. The Committee was supportive of the general approach. Staff discussed and presented an earlier draft of the code amendment language to the Planning Commission on July 2, 2013 at their regular meeting. The proposed critical areas regulations were subsequently modified in response to comments received from the Washington State Department of Ecology, Mitigation Specialist. The Planning Commission conducted a public hearing on the proposed amendments on August 20, 2013 and forwarded a recommendation for approval based on staff recommendation. The code amendments were reviewed and discussed by the Planning and Community Development Committee of the City Council on August 26, 2013 at their regular meeting and the Committee forwarded a recommendation of approval to the full city council. Reviewed by Council & Committees: Reviewed by Departments & Divisions: Arts Commission COUNCIL COMMITTEES: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Serv. Finance Parks Human Services Planning & CD Fire Planning Park Board Public Works Legal Police Planning Comm. Other Public Works Human Resources Information Services Action: Committee Approval: Yes No Council Approval: Yes No Call for Public Hearing ___/___/____ Referred to _________________________________ Until ____/___/____ Tabled ______________________________________ Until ___/___/____ Councilmember: Partridge Staff: Welch Meeting Date: September 3, 2013 Item Number: DI.C Page 110 of 293 Agenda Subject: Agenda Subject: Proposed amendment to ACC 16.10.110 related to mitigation standards, criteria and plan requirements to allow mitigation outside the City (File No. ZOA12-0004) Date: August 27, 2013 Page 2 of 8 Background The City adopted its critical area regulations in 2005 by Ordinance No. 5894. The adoption was a culmination of a series of extensive workshops and hearings over more than a 9-month period with the Planning Commission and City Council. The regulations have been in effect now for 8 years, and have been working well and proven effective. One subject area of the critical areas that has been evolving since the time of the City’s adoption of these regulations however, is the way in which mitigation is accomplished, especially mitigation related to wetlands. Where mitigation or compensating for the impact is appropriate, there is generally a movement and desire in the environmental regulating agencies to move to an eco-region approach to addressing the impact and mitigation. In the case of wetlands, this is generally based on a watershed area or drainage basin—replacing the resource within the same contributory surface water area of a river or lake as the impact. This watershed basis to evaluating the location of impacts and the location of the mitigation sites takes into account the natural environment of the resource and the fact that environmental resources do not always neatly fit into or observe jurisdictional or political boundaries. Auburn City Code Section 16.10.110 establishes the standards, criteria, and plan requirements for development activities that result in mitigation of impacts to critical areas. While this section applies to all types of critical areas, it is most commonly implemented in relation to wetlands. This is because other types of critical areas tend to be more geographically dependant. ACC 16.10.110.B states that “Mitigation Sites shall be located in the City.” And it is recommended that this language be modified so that the location of mitigation sites can be more flexible and can be located outside of the City. This may also include a location outside the city through a mitigation bank or fee in-lieu. The change would allow the mitigation site to be located outside the City for those projects that are allowed to impact critical areas. While the City’s critical area regulations promote avoidance of impacts to critical areas and on- site mitigation as preferred approaches, where these are not viable, mitigation within the same watershed is a commonly accepted approach. Different portions of the City are located within the watershed of the Green and White Rivers, each of which extend substantially beyond the city limits which means there is potential for pursing mitigation opportunities outside the city. The change would also increase consistency with the approach utilized by other agencies that have jurisdiction for wetland impacts, such as the Army Corps of Engineers, thus making it easier for applicants to meet the mitigation requirements of various levels of government that have jurisdiction for regulating wetlands for the same project. Findings of Fact 1. In summary, the intent of the proposed code amendment is to provide greater flexibility in the administration of the city’s existing critical area regulations contained in Auburn City Code (ACC) Section 16.10. 2. The City of Auburn contains numerous areas that can be identified and characterized as critical or environmentally sensitive. Such areas within the city include wetlands, streams DI.C Page 111 of 293 Agenda Subject: Agenda Subject: Proposed amendment to ACC 16.10.110 related to mitigation standards, criteria and plan requirements to allow mitigation outside the City (File No. ZOA12-0004) Date: August 27, 2013 Page 3 of 8 (and rivers), wildlife habitat, geologic hazards, ground water protection areas, and flood hazard areas. 3. The City finds that these critical areas perform a variety of valuable and beneficial biological and physical functions that benefit the city and its residents. Alteration of certain critical areas may also pose a threat to public safety or to public and private property or the environment. The city therefore finds that identification, regulation and protection of critical areas are necessary to protect the public health, safety and general welfare. 4. The critical area regulations and other sections as incorporated by reference contain standards, procedures, criteria and requirements intended to identify, analyze, and mitigate potential impacts to the city's critical areas, and to enhance and restore degraded resources where possible. The general intent of these regulations is to avoid impacts to critical areas. In appropriate circumstances, impacts to specified critical areas resulting from regulated activities may be minimized, rectified, reduced and/or compensated for, consistent with the requirements of this chapter. 5. It is the further stated intent of the city’s critical area regulations to: 1. Comply with the requirements of the Growth Management Act (Chapter 36.70A RCW) and implement rules to identify and protect critical areas and to perform the review of development regulations required by RCW 36.70A.215; 2. Develop and implement a comprehensive, balanced and fair regulatory program that avoids impacts to critical resources where possible, that requires that mitigation be performed by those affecting critical areas, and that thereby protects the public from injury, loss of life, property or financial losses due to flooding, erosion, landslide, seismic events, soil subsidence, or steep slope failure; 3. Implement the goals and policies of the Auburn comprehensive plan, including those pertaining to natural features and environmental protection, as well as goals relating to land use, housing, economic development, transportation, and adequate public facilities; 4. Serve as a basis for exercise of the city's substantive authority under the State Environmental Policy Act (SEPA) and the city's environmental review procedures, where necessary to supplement these regulations, while also reducing the city's reliance on project-level SEPA review; 5. Provide consistent standards, criteria and procedures that will enable the city to effectively manage and protect critical areas while accommodating the rights of property owners to use their property in a reasonable manner; 6. Provide greater certainty to property owners regarding uses and activities that are permitted, prohibited, and/or regulated due to the presence of critical areas; 7. Coordinate environmental review and permitting of proposals involving critical areas with existing development review and approval processes to avoid duplication and delay pursuant to the Regulatory Reform Act, Chapter 36.70B RCW; DI.C Page 112 of 293 Agenda Subject: Agenda Subject: Proposed amendment to ACC 16.10.110 related to mitigation standards, criteria and plan requirements to allow mitigation outside the City (File No. ZOA12-0004) Date: August 27, 2013 Page 4 of 8 8. Establish conservation and protection measures for threatened and endangered fish species in compliance with the requirements of the Endangered Species Act and the Growth Management Act requirements to preserve or enhance anadromous fisheries, WAC 365-195-925; 9. Alert members of the public, including appraisers, assessors, owners, potential buyers or lessees, to the development limitations of critical areas and their required buffers. 6. The City adopted its critical area regulations in 2005 by Ordinance No. 5894. 7. The proposed amendment of the city’s critical area regulations is exempt from the “Notice of Application” procedures under ACC 14.02.070, “Project permit or project permit application” and ACC 14.02.040, “Development regulations”, since the adoption or amendment of critical area regulation is a type of “development regulation” that is not a "Project permit" or "project permit application". The Notice of Application is required only for project permits and not development regulations. 8. The code amendment is subject to environmental review process under the Washington State Environmental Policy Act (SEPA). A Determination of Non-Significance (DNS) was issued July 22, 2013 and the city observed a fourteen-day public comment period. The City did not receive any comments in response to notice of the public comment period. 9. Pursuant to RCW 36.70A.106, the proposed critical area code amendment was sent to the Washington State Department of Commerce and other state agencies as required for the state review of modifications of development regulations. The amendments were sent on June 27, 2013. The City requested expedited review, as allowed by their procedures. The Department of Commerce granted expedited review and acknowledged receipt on July 1, 2013. 10. In response to submittal of the proposed critical area amendment to the Washington State Department of Commerce and other state agencies, the city received comments from the Washington State Department of Ecology, Critical Area Ordinance Coordinator and Alternative Mitigation Specialist. The comments made some edits to clarify under what circumstances mitigation is allowed to be constructed off-site and added some language to allow more mitigation options. After critical review, the city incorporated their comments. 11. The general approach of these code amendments was discussed with and reviewed by the Planning and Community Development Committee of the City Council on May 28, 2013 at their regular meeting. The Committee was supportive of the general approach. 12. Staff discussed and presented an earlier draft of the code amendments language to the Planning Commission on July 2, 2013 at their regular meeting. The proposed critical areas regulations were subsequently modified in response to the Washington State Department of Ecology comments received. DI.C Page 113 of 293 Agenda Subject: Agenda Subject: Proposed amendment to ACC 16.10.110 related to mitigation standards, criteria and plan requirements to allow mitigation outside the City (File No. ZOA12-0004) Date: August 27, 2013 Page 5 of 8 13. The Planning Commission conducted a public hearing on the proposed amendments on August 20, 2013 and forwarded a recommendation for approval. 14. The code amendments were reviewed and discussed by the Planning and Community Development Committee of the City Council on August 26, 2013 at their regular meeting and the Committee forwarded a recommendation of approval to the full city council. 15. The public hearing notice was published on August 8, 2013 in the Seattle Times newspaper at least 10 days prior to the Planning Commission public hearing scheduled for August 20, 2013. 16. The following conclusions support the proposed amendments to Chapter 16.10.110, scheduled for the Planning Commission’s August 20, 2013 public hearing with a staff recommendation of approval. Conclusions 1. These code amendments are supported by the City of Auburn’s Comprehensive Plan. The Comprehensive Plan contains several goals, objectives, and policies that promote flexibility in the City’s development regulations and prescribe the approach to development regulations. The Comprehensive Plan also has sections that address the protection and management of environmentally-sensitive or critical area resources. The following goals, objectives, and policies excerpted from the Comprehensive Plan relate to this proposal: 2. Excerpt from : CHAPTER 1 – PLAN BACKGROUND “GOAL 2 – FLEXIBILITY: To provide predictability in the regulation of land use and development, especially where residential uses are affected, but to also provide flexibility for development through performance standards that allow development to occur while still protecting and enhancing natural resources, cultural resources and critical lands and in overall compliance with this Comprehensive Plan.” “Discussion: Predictability of land development regulation is important to both existing and future property owners and to new development. It assures property owners that adjacent properties will develop in a consistent manner and it helps new development to plan for their development based on knowing what is allowed and what is not. Since all parcels are not identical, however, it is helpful to have some flexibility in land development regulation. While a variance can sometimes resolve some of these issues, regulations which provide some flexibility in the form of performance standards can help to provide development which better meets the goals and policies of this Comprehensive Plan rather than strict adherence to a set standard established in the zoning ordinance.” (Emphasis added) DI.C Page 114 of 293 Agenda Subject: Agenda Subject: Proposed amendment to ACC 16.10.110 related to mitigation standards, criteria and plan requirements to allow mitigation outside the City (File No. ZOA12-0004) Date: August 27, 2013 Page 6 of 8 “A discussion of issues and polices related to this goal can be found in Chapter 2: General Approach to Planning.” Complies: This goal sets out that all of the City’s regulations should be designed to provide predictability while maintaining the ability for flexibility. By providing a wider range of methods critical area mitigation is accomplished this code amendment provides predictability and consistency. Also, in furtherance of this goal, the code amendment provides that mitigation banking or fee in lieu programs may also be used to satisfy mitigation. On-site mitigation also continues to be an option. 3. A similar theme as the goal in Chapter 1 is expressed in Chapter 2 as follows: CHAPTER 2 – GENERAL APPROACH TO PLANNING “GOAL 2 – FLEXIBILITY: To provide predictability in the regulation of land use and development, especially where residential uses are affected, but to also provide flexibility for development through performance standards that allow development to occur while still protecting and enhancing natural resources, and critical lands and in overall compliance with this Comprehensive Plan.” “Objective 2.4. To provide for the development of innovative land management techniques to implement this Comprehensive Plan.” “Policies: “GP-17 Flexible land development techniques including, but not limited to, clustering and planned unit developments (PUDs) for the development of residential, commercial, and industrial properties shall be considered to implement this comprehensive plan.” “GP-18 Flexibility should be provided to encourage compact urban development, to protect critical areas and resource lands, to facilitate the use of transit or non-motorized transportation, and to encourage the redevelopment of underutilized or deteriorated property.” “GP-19 Any flexibility should be easy to administer and should provide the community with an adequate level of predictability.” Complies: This goal, objective, and related policies address the need for flexibility in critical area regulations while addressing the importance of protection and management of critical areas. 4. Excerpt from : CHAPTER 9 – ENVIRONMENT “GOAL 18. ENVIRONMENT AND NATURAL RESOURCES To maintain and promote a safe and healthy environment and preserve the quality of life and to protect the area's most unique, sensitive and productive DI.C Page 115 of 293 Agenda Subject: Agenda Subject: Proposed amendment to ACC 16.10.110 related to mitigation standards, criteria and plan requirements to allow mitigation outside the City (File No. ZOA12-0004) Date: August 27, 2013 Page 7 of 8 natural resources. To encourage natural resource industries within the city to operate in a manner which enhances, (rather than detracts from), the orderly development of the City.” “Objective 18.4 To continue to enhance and maintain the quality of important wetland resources in the City and region.” “Policies:” “EN-27 The City recognizes the important biological and hydrological roles that wetlands play in providing plant and animal habitat, protecting water quality, reducing the need for man-made flood and storm drainage systems, maintaining water quality, and in providing recreational, open space, educational and cultural opportunities. The City will consider these roles and functions in all new development and will also pursue opportunities to enhance the existing wetland system when these multiple benefits can be achieved.” “EN-28 The City recognizes that wetlands provide varying degrees of biological and hydrological functions and values to the community depending on the size, complexity and location of the individual system, and that the overall degree of functions and values should be considered when reviewing proposals which impact wetlands. In a similar manner, the levels of protection afforded to a wetland shall be consistent with its existing function and values. The City shall continue to promote policies and practices of enhancing the wetlands that are hydraulically connected to the river systems to improve fish resources and aquatic habitat.” “EN-29 The City shall consider the impacts of new development on the quality of wetland resources as part of its environmental review process and shall require appropriate mitigation and monitoring measures of important wetland areas. Such mitigation may involve conservation, enhancement or restoration or replacement of important wetlands, and provisions for appropriate buffering. The goal of the mitigation should be no net loss of wetland functions and values. A permanent deed restriction shall be placed on any wetlands created or enhanced to ensure that they are preserved in perpetuity.” “EN-30 Wetlands which are associated with a river or stream, or provide significant plant and animal habitat opportunities are recognized by the City as the most important wetland systems, and shall receive the highest degree of protection and mitigation through conservation, enhancement or relocation measures. Wetlands which are limited in size, are isolated from major hydrological systems, or provide limited hydrological or plant and animal habitat opportunities may be considered by the City for development and displacement in conjunction with appropriate mitigation.” DI.C Page 116 of 293 Agenda Subject: Agenda Subject: Proposed amendment to ACC 16.10.110 related to mitigation standards, criteria and plan requirements to allow mitigation outside the City (File No. ZOA12-0004) Date: August 27, 2013 Page 8 of 8 Complies: This goal, objective and the related policies address the need for flexibility in the approach to critical area regulations and seek to balance the importance of protection and management of critical areas commensurate with the quality of the resource. These policies, which are specifically related to wetlands, address opportunities for enhancement of wetland resources as provided through mitigation, address that mitigation should be designed to replace functions and values lost due to impacts, that mitigation may involve conservation, enhancement or restoration or replacement of wetlands and that the degree of protection and mitigation will vary with the quality or the resource. The proposed code change provides increase flexibility without a reduction in mitigation standards. Recommendation On August 26, 2013, the Planning and Community Development Committee reviewed Ordinance No. 6476 amending Auburn City Code Chapter Section 16.10.110 and recommended approval to the City Council. Exhibits: Exhibit A: Ordinance No. 6476 Amending ACC 16.10.110, “Mitigation standards, criteria and plan requirements” Exhibit B: Determination of Non-Significance (DNS) and Completed Environmental Checklist Application. DI.C Page 117 of 293 ORDINANCE NO. 6 4 7 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 16 10 110 OF THE AUBURN CITY CODE RELATING TO THE LOCATION OF CRITICAL AREA MITIGATION WHEREAS, from time to time, amendments to the City of Auburn critical areas code are appropriate, in order to update and better reflect the current development needs and standards of the City; and WHEREAS, from time to time, amendments to the City of Auburn critical areas code are appropriate, in order to remain consistent with evolving scientific understanding of critical areas and critical area replacement (mitigation) and in order to facilitate the use and understanding of code sections, and WHEREAS, the purpose of this amendment to the code is to provide the flexibility to have critical area mitigation sites located outside the city limits when ecologically preferable and when consistent with other provisions of the critical areas code, and WHEREAS, these code amendments were subject to environmental review process under the Washington State Environmental Policy Act (SEPA) A Determination of Non-Significance (DNS) was issued July 22, 2013 and the City observed a fourteen-day public comment period The City did not receive any comments in response to notice of the public comment period, and Ordinance No. 6476 August 27, 2013 Page 1 of 5 DI.C Page 118 of 293 WHEREAS, these code amendments were considered by the Planning Commission at a duly noticed public hearing on August 20, 2013 and after the close the public hearing the Planning Commission forwarded a recommendation for approval to the City Council; and WHEREAS, the code amendments were reviewed by the Planning and Community Development Committee of the City Council on May 28, 2013 and August 26, 2013, and thereafter the Committee forwarded a recommendation for approval to the full City Council. WHEREAS, upon the recommendations, the City Council determines that the following code changes are in the best interest of the City NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN, as follows. Section 1. Amendment to City Code. That section 16 10 110 of the Auburn City Code entitled "Mitigation standards, criteria and plan requirements" is hereby amended to read as follows. 16 10.110 Mitigation standards, criteria and plan requirements A. Mitigation Standards Adverse impacts to critical area functions and values shall be mitigated Mitigation actions shall generally be implemented in the preferred sequence identified in this chapter Proposals which include less preferred and/or compensatory mitigation shall demonstrate that: 1 All feasible and reasonable measures as determined by the department have been taken to reduce impacts and losses to the critical area, or to avoid impacts where avoidance is required by these regulations, 2 The restored, created or enhanced critical area or buffer will be as viable and enduring as the critical area or buffer area it replaces, and 3. No overall net loss will occur in wetland or stream functions and values The mitigation shall be functionally equivalent to or greater than the altered Ordinance No. 6476 August 27, 2013 Page 2 of 5 DI.C Page 119 of 293 wetland or stream in terms of hydrological, biological, physical, and chemical functions. B Location and Timing of Mitigation 1 The preferred location of mitigation is on-site when ecologically preferable to other identified alternatives. Mitigation may be allowed off-site eaty when it is determined by the department that on-site mitigation is not srieRtifisally alp ecologically preferable to other identified alternatives OF PraGt Gal due to p-hy6=iGa4-featic es of the property, or, in the case of wetlands, where the affected site is identified as appropriate for off-site mitigation in the Mill Creek Special Area Management Plan (SAMP), April 2000 The burden of proof shall be on the applicant to demonstrate that mitigation cannot be provided on-site or is consistent with the SAMP When on site If it is determined that on-site mitigation is not ecologically preferable to other identified alternatives, mitigation shall be provided in the same drainage basin as the permitted activity on property owned, secured, or controlled by the applicant. or provided by the applicant using alternative mitigation options such as mitigation banking or in-lieu fee programs. The where %;ueh mitigation is--pr-astisal-and beRef sial should result in no net loss to the critical area functions impacted and associated r-eseurseswatershed Mitigate teS-6".11—be IOGated within the Gity Where mitigation is authorized to be located outside the City limits, the Applicant shall assure to the satisfaction of the Department that other requirements of this Chapter will be met including but not limited to, monitoring and maintenance 2. In-kind mitigation shall be provided except when the applicant demonstrates, and the department concurs, that greater functional and habitat value can be achieved through out-of-kind mitigation 3 When wetland, stream or habitat mitigation is permitted by these regulations, the mitigation project shall occur near an adequate water supply river, stream, ground water) with a hydrologic connection to the critical area to ensure a successful mitigation or restoration A natural hydrologic connection is preferential as compared to one which relies upon manmade or constructed features requiring routine maintenance 4 Any mitigation plan shall be completed before initiation of other permitted activities, unless a phased or concurrent schedule that assures completion prior to occupancy has been approved by the department. C Wetland Replacement Ratios 1 Where wetland alterations are permitted by the director, the applicant shall enhance or create areas of wetlands in order to compensate for wetland losses The compensation shall be determined according to acreage, function, type, location, timing factors and projected success of enhancement or creation 2 The following acreage replacement and enhancement ratios shall be implemented, however, the department may vary these standards if the applicant can demonstrate and the director agrees that the variation will provide adequate compensation for lost wetland area, functions and values, or if other Ordinance No. 6476 August 27, 2013 Page 3 of 5 DI.C Page 120 of 293 circumstances as determined by the director justify the variation Except as provided for Category IV wetlands in subsection (C)(3) of this section, in no case shall the amount of mitigation be less than the area of affected wetland The director may at his discretion increase these standards where mitigation is to occur off-site or in other appropriate circumstances 3 Category IV wetlands can either be mitigated by either (a) meeting one of the replacement ratios (*see following table), or (b) implementing mitigation which ensures no net loss of values and functions of the larger ecosystem in which the critical area is located Wetland Creation Ratio Wetland Enhancement Wetland Category (Acres) Ratio (Acres) Acres Created or Enhanced Acres Impacted) Category 1 6.1 12:1 Category II Forested 3 1 6.1 Scrub/Shrub 2.1 4 1 Emergent 2:1 4,1 Category III Forested 3.1 6 1 Scrub/Shrub 2.1 4 1 Emergent 21 4:1 Category IV* 1.25 1* 2.5 1* Ord 5894 § 1 , 2005 ) Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Ordinance No 6476 August 27, 2013 Page 4 of 5 DI.C Page 121 of 293 Section 4. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law INTRODUCED PASSED APPROVED CITY OF AUBURN ATTEST PETER B LEWIS, MAYOR Danielle E. Daskam, City Clerk APP OVED TO FO M b.tKiel B Heid, ity Attorney PUBLISHED Ordinance No 6476 August 27, 2013 Page 5 of 5 DI.C Page 122 of 293 crry or BURNPeter B. Lewis, Mayor WAS 1-11NciTON 25 West Main Street * Auburn WA 98001-4998 * www.cruburnwa.gov * 253-931-3000 Determination of Non-Significance Amendment to ACC 16.10.110 Critical Area Regulations of the Auburn City Code City of Auburn File No: SEP13-0020 Related File No: ZOA13-0003 Description of Proposal: Amendment to the Critical Area Regulations of the Auburn City Code and specifically Section 16.10.110, "Mitigation standards, criteria and plan requirements" to allow mitigation sites to be located outside the city. Proponent: City of Auburn Planning and Development Department 25 West Main Street,Auburn WA 98001 Jeff Dixon, Principal Planner 253) 931-3090 jdixon @auburnwa.gov Location: City-wide Lead Agency: City of Auburn The lead agency for this proposal has determined that it does not have probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. This DNS is issued under 197-11-340(2); the lead agency will not act on this proposal for 14 days from the date issued below Comments must be submitted by 5:00 p.m. on August 5, 2013. Any person aggrieved of the City's Determination may file an appeal with the Auburn City Clerk within 14 days of the close of the comment period, or by 5:00 pm on August 19, 2013. Responsible Official: Jeff Tate Positionffitle: Interim Director, Planning and Development Department Address: 25 West Main Street Auburn,Washington 98001 Telephone:253) 931-3090 Date Issued: July 22, 2013 Signature: Note: This determination does not constitute approv I of the proposal. Approval of the proposal can only be made by the legislative or administrative body vested with that authority. The proposal will be required to meet all applicable regulations. I AUBURN k MOR„E'THAN YOU IMAGINEDDI.C Page 123 of 293 DI.C Page 124 of 293 ENVIRONMENTAL CHECKLIST (CONTINUED) TO BE COMPLETED BY APPLICANT ENVIRONMENTAL CHECKLIST A BACKGROUND 1 Name of proposed project, if applicable: Amendment to the Critical Area Regulations of the Auburn City Code and specifically Section 16.10.110, "Mitigation standards, criteria and plan requirements" to allow mitigation to be located outside the city 2. Name of applicant: City of Auburn, Planning and Development Department 3. Address and phone number of applicant and contact person: Planning and Development Department City of Auburn 25 West Main Street Auburn, WA 98001 253) 931-3090 Attn: Jeff Dixon, Principal Planner 4. Date checklist prepared: July 9, 2013 5. Agency requesting checklist: City of Auburn, Planning and Development Department 6. Proposed timing or schedule(including phasing, if applicable): The non-project action is a proposal to amend Chapter 16.10—Critical Area Regulations of the Auburn City Code. More specifically, the amendments are proposed to Section 16.10.110, "Mitigation standards, criteria and plan requirements" to allow mitigation to be located outside the city The amendments are currently scheduled for Planning Commission review and public hearing in late summer 2013 and City Council consideration and adoption in early fall of 2013. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. This non-project SEPA Environmental Checklist application and addresses proposed amendments to Title 16 of the Auburn City Code (ACC) 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Other environmental information consists of previous SEPA documents related to past comprehensive plan amendments and code amendments as follows: DI.C Page 125 of 293 ENVIRONMENTAL CHECKLIST (CONTINUED) TO BE COMPLETED BY APPLICANT City of Auburn. Determination of Non-Significance SEP11-0006–City of Auburn Zoning Code Amendments–Amending Chapters 18.50, 18 52, and 18.70 and Adding Chapter 18.55 Auburn City Code. September 15, 2011 City of Auburn. Determination of Non-Significance SEP09-0025–City of Auburn Zoning Code Amendments -Chapter 18.56 Auburn City Code. August 21, 2009 City of Auburn. Determination of Non-Significance SEP09-0021 –City of Auburn Zoning Code Amendments-Chapters 18.04 and 18.26 ACC July 30, 2009 City of Auburn Final Determination of Non-Significance SEP09-0012 -Amendments to Title 17-Subdividions and Title 18-Zoning, of the Auburn City Code, and amendments to the Auburn Comprehensive Zoning Map. May 2009 City of Auburn Final Determination of Non-Significance–2012 Comprehensive Plan amendments. August 2012, File No. SEP12-0023 City of Auburn. Final Determination of Non-Significance–2011 Comprehensive Plan amendments. August 2011 City of Auburn Final Determination of Non-Significance–2010 Comprehensive Plan amendments. August 2010. City of Auburn. Final Determination of Non-Significance–2009 Comprehensive Plan amendments. August 2009. City of Auburn. Final Determination of Non-Significance–2008 Comprehensive Plan amendments. August 2008. City of Auburn. Final Determination of Non-Significance-2007 Comprehensive Plan amendments. August 2007 City of Auburn. Final Determination of Non-Significance–2006 Comprehensive Plan amendments. August 2006. City of Auburn. Final Determination of Non-Significance–2005 Comprehensive Plan amendments. September2005. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. No other approvals or proposal are pending. The proposal is a non-project action. The proposed amendment would apply City-wide 10. List any government approvals or permits that will be needed for your proposal, if known. The City of Auburn Planning Commission will hold a public hearing on the proposed Auburn City Code amendments addressed in this environmental checklist and will forward a recommendation to the Auburn City Council. The City Council may or may not hold a public hearing prior to taking action adopting, adopting in part, modifying or not adopting the amendments. DI.C Page 126 of 293 ENVIRONMENTAL CHECKLIST (CONTINUED) TO BE COMPLETED BY APPLICANT Although not an approval or permit, the proposed amendments area also subject to State Agency review pursuant to RCW 36 70A.106. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) Description of Proposal The non-project action is a proposal to amend Chapter 16.10—Critical Area Regulations of the Auburn City Code. More specifically, the amendments propose to amend Section 16.10 110, "Mitigation standards, criteria and plan requirements" to allow mitigation to be located outside the city The current language of the code requires that all mitigation sites constructed in compensation for impact to regulated critical areas be located within the city The City seeks to revise the regulations to allow mitigation sites to be located outside the city under certain circumstances. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section,township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description,site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. This is a non-project action located within the City of Auburn municipal boundaries. DI.C Page 127 of 293 ENVIRONMENTAL CHECKLIST (CONTINUED) TO BE COMPLETED BY APPLICANT B ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other The City of Auburn is characterized by a relatively flat valley floor bordered by steep hillsides and upland plateaus overlooking the valley See Section D, Nonproject Action. b. What is the steepest slope on the site (approximate percent slope)? The slopes vary in the city and Potential Annexation Areas (PAA), but in some locations slopes associated with the valley walls reach 100%. See Section D, Nonproject Action. c. What general types of soils are found on the site (for example, clay, sand,gravel, peat, muck)? If you know the classification of agricultural soils,specify them and note any prime farmland. See Section D, Nonproject Action. The valley floor is made up primarily of soils of the Oridia, Renton, Snohomish, and Briscott series. These soils are poorly drained and formed in the alluvium (river sediments) associated with the White and Green rivers. These are considered good agricultural soils, though in many areas, are not well-drained. There is no designated farmland within the City of Auburn. The hillsides and plateaus are made up of primarily Alderwood associated soils and a small amount of Everett associated soils (U S. Department of Agriculture, 1973). Alderwood soils are moderately well drained gravelly sandy loams 20-40 inches deep. Beneath these soils is glacial till with low permeability Roots penetrate easily to the hardpan layer Runoff potential is slow to medium. Erosion and slippage hazard is moderate, ranging to severe on steeper slope phases The Everett series consists of somewhat excessively drained soils that are underlain by very gravelly sand. These soils formed in very gravelly glacial outwash deposits under conifers. They are found on terraces and terrace fronts and are gently undulating to moderately steep. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. See Section D, Nonproject Action. Many factors affect slope stability including soil type, parent material, slope and drainage. These factors can be further affected by human intervention such as slope alteration, and vegetation removal. The city has identified categories of geologic hazard areas and inventoried these areas. Maps of the erosion and landslide hazard areas are provided as Maps 9.6 and 9.7, respectively in the City's Comprehensive Plan. e. Describe the purpose,type, and approximate quantities of any filling or grading proposed. Indicate source of fill. See Section D, Nonproject Action. Not applicable. The proposed amendments to the Auburn City Code are non-project actions, no site alteration, construction, or earthwork is proposed. DI.C Page 128 of 293 ENVIRONMENTAL CHECKLIST (CONTINUED) TO BE COMPLETED BY APPLICANT f. Could erosion occur as a result of clearing, construction,or use? If so, generally describe. See Section D, Nonproject Action. Not applicable. This is a non-project action. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? See Section D, Nonproject Action. Not applicable. The action does not involve site specific development proposal. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: See Section D, Nonproject Action. This is a non-project action, no site specific erosion control is proposed. However, the existing comprehensive plan includes numerous policies to reduce or control erosion through the use of best management practices, landscaping requirements, limitations on alteration of steep slopes and other critical areas protections. Impacts to earth will be identified and, if necessary, mitigated during the development review process as specific development proposals are made that might be associated with these plan amendments. The city also has adopted a City Engineering Design Standards Manual and a City Construction Standards Manual that address erosion impacts (ACC Chapter 12.04 as referenced by ACC 15.74). 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke)during construction and when the project is completed? If any, generally describe and give approximate quantities if known. See Section D, Nonproject Action. Not applicable. This is a non-project action. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. See Section D, Nonproject Action. Not applicable. This is a non-project action. c. Proposed measures to reduce or control emissions or other impacts to air, if any: See Section D, Nonproject Action Not applicable This is a non-project action. DI.C Page 129 of 293 ENVIRONMENTAL CHECKLIST (CONTINUED) TO BE COMPLETED BY APPLICANT 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site including year-round and seasonal streams, saltwater, lakes, ponds,wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. The proposal is a city-wide nonproject action - See Section D, Nonproject Action. The major bodies of water within Auburn are the Green River, the White River, Mill Creek, Bowman Creek, and White Lake. The city has conducted an inventory of wetlands within the city limits. These are shown on Map 9 3 of the City's Comprehensive Plan. The Green and White Rivers in Auburn are Type S streams designated as Shorelines of the State in the City of Auburn Shoreline Master Program. 2) Will the project require any work over, in, or adjacent to (within 200 feet)of the described waters? If yes, please describe and attach available plans. See Section D, Nonproject Action. Not applicable. This is a non-project action. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. See Section D, Nonproject Action. Not applicable. This is non-project action. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. See Section D, Nonproject Action. Not applicable. This is non-project action. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. See Section D, Nonproject Action. Not applicable. The designated 100-year floodplain areas for the Green River, White River, and Mill Creek, as well as frequently flooded areas (as defined by the City of Auburn Public Works Department) are shown on Map 9 4 of the City's Comprehensive Plan. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. See Section D, Nonproject Action. Not applicable This is non-project action. b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. See Section D, Nonproject Action. Not applicable. This is non-project action. DI.C Page 130 of 293 ENVIRONMENTAL CHECKLIST (CONTINUED) TO BE COMPLETED BY APPLICANT 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any(for example: Domestic sewage; industrial, containing the following chemicals; agricultural; etc.). Describe the general size of the system, the number of such systems,the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. See Section D, Nonproject Action. Not applicable. This is non-project action. c. Water runoff(including stormwater): 1) Describe the source of runoff(including storm water)and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. See Section D, Nonproject Action. Not applicable. This is non-project action. 2) Could waste materials enter ground or surface waters? If so, generally describe. See Section D, Nonproject Action. Not applicable This is non-project action. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: See Section D, Nonproject Action. Not applicable. This is non-project action. The most likely type of critical area to be affected by this change is mitigation for wetland impacts. The code will continue to contain a restriction to limit relocation of mitigation site to the same watershed. 4. Plants a. Check or circle types of vegetation found on the site: X_ deciduous tree: alder, maple, aspen,other X_ evergreen tree: fir, cedar, pine, other X_ Shrubs X Grass X Pasture X crop or grain X wet soil plants: cattail, buttercup, bulrush,skunk cabbage, other X water plants: water lily, eelgrass, milfoil, other X other types of vegetation See Section D, Nonproject Action b. What kind and amount of vegetation will be removed or altered? See Section D, Nonproject Action. However, in general urban development can result in the removal or alteration of vegetation. Existing City standards currently address vegetation modification activities as they relate to critical areas protection (e.g. wetlands), and landscaping requirements. DI.C Page 131 of 293 ENVIRONMENTAL CHECKLIST (CONTINUED) TO BE COMPLETED BY APPLICANT c. List threatened or endangered species known to be on or near the site. See Section D, Nonproject Action. None known at this time. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: City Comprehensive Plan includes policies on retaining vegetation, ACC Chapter 15.74 governs tree and vegetation retention, and the City's landscaping regulations (ACC 18.50) govern landscaping within the City See Section D, Nonproject Action. This is a non-project action. 5. Animals a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: hawk, heron, eagle, songbirds, other: geese, ducks, crows, etc. mammals: deer, bear, elk, beaver, other urban animals such as dogs, cats, squirrels, rodents, opossums, raccoons, etc. are also present in the city fish: bass, salmon,trout, herring,shellfish, other: See Section D. Nonproject Action. b. List any threatened or endangered species known to be on or near the site. See Section D, Nonproject Action. There are nesting/breeding sites of bald eagles, great blue herons and green back heron within Auburn as shown on Map 9.2 of the City's Comprehensive Plan The Environmental Impact Statement for the Auburn Thoroughbred Racetrack indicates that peregrine falcons, bald eagles, and the Aleutian Canadian Goose have been seen in the Auburn area. Chinook salmon are currently listed as a threatened species by the National Marine Fisheries Service (NMFS) Bull trout are also listed. Chinook salmon are known to use the Green and White Rivers. c. Is the site part of a migration route? If so,explain. See Section D, Nonproject Action. Auburn is a portion of the Pacific Flyway for migratory birds, and the Green and White Rivers are known fish migration routes. d. Proposed measures to preserve or enhance wildlife, if any: The City's Comprehensive Plan includes policies that encourage preservation of wildlife habitat and environmental features supportive of wildlife habitat In addition, the City's critical areas regulations (ACC Chapter 16.10) offer protection for critical wildlife habitat, among other things. See Section D, Nonproject Action. This is a non-project action DI.C Page 132 of 293 ENVIRONMENTAL CHECKLIST (CONTINUED) TO BE COMPLETED BY APPLICANT 6. Energy and natural resources a. What kinds of energy(electric, natural gas, oil,wood stove, solar)will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. See Section D, Nonproject Action. Not applicable. This is a non-project action. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. See Section D, Nonproject Action Not applicable. This is a non-project action. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: See Section D, Nonproject Action. Not applicable. This is a non-project action. 7. Environmental health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste,that could occur as a result of this proposal? If so, describe. See Section D, Nonproject Action. Not applicable. This is a non-project action. 1) Describe special emergency services that might be required. See Section D, Nonproject Action. Not applicable. This is a non-project action. 2) Proposed measures to reduce or control environmental health hazards, if any: See Section D, Nonproject Action. Not applicable. This is a non-project action. 8. Noise a. What types of noise exist in the area which may affect your project(for example: traffic, equipment, operation, other)? See Section D, Nonproject Action. Not applicable. This is a non-project action. b. What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. See Section D, Nonproject Action. Not applicable. This is a non-project action. c. Proposed measures to reduce or control noise impacts, if any: See Section D, Nonproject Action. Not applicable. This is a non-project action. DI.C Page 133 of 293 ENVIRONMENTAL CHECKLIST (CONTINUED) TO BE COMPLETED BY APPLICANT 9. Land and shoreline use a. What is the current use of the site and adjacent properties? See Section D, Nonproject Action. The City contains a variety of land uses including residential, industrial, institutional, commercial, open space, and public land uses. b. Has the site been used for agriculture? If so, describe. See Section D, Nonproject Action Much of Green River/White River Valley and the City of Auburn were used for agriculture at some time in the past. Over the last several decades, growth in the area resulted in much of the agricultural land converting to urban uses. No land within the city is designated as agricultural in city plans or zoning code, though some parcels continue to be farmed. c. Describe any structures on the site. See Section D, Nonproject Action. Structures within the city and Potential Annexation Areas (PAA) range from small single family detached homes to large industrial and warehousing facilities. Properties subject to the proposed code amendments include all areas of the city including vacant land, as well as properties improved with residential, commercial, industrial and public/institutional structures. d. Will any structures be demolished? If so,what? See Section D, Nonproject Action. Not applicable. This is a non-project action. e. What is the current zoning classification of the site? See Section D, Nonproject Action Not applicable. This is a non-project action. f. What is the current comprehensive plan designation of the site? See Section D, Nonproject Action. Not applicable. This is a non-project action. g. If applicable,what is the current shoreline master program designation of the site? See Section D, Nonproject Action. Not applicable. This is a non-project action. h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. See Section D, Nonproject Action. This is a non-project action. However, areas of the city do contain environmentally-sensitive areas and the regulation and protection of these environmentally sensitive areas are addressed through the city's critical areas ordinance, Chapter 16 10. I. Approximately how many people would reside or work in the completed project? See Section D, Nonproject Action. Not applicable. This is a non-project action and no specific development is proposed. DI.C Page 134 of 293 ENVIRONMENTAL CHECKLIST (CONTINUED) TO BE COMPLETED BY APPLICANT j. Approximately how many people would the completed project displace? See Section D, Nonproject Action. Not applicable. This proposal is a non-project action and no specific development is proposed. k. Proposed measures to avoid or reduce displacement impacts, if any: See Section D, Nonproject Action. Not applicable. This proposal is a non-project action and no specific development is proposed. I. Proposed measures to ensure the proposal are compatible with existing and projected land uses and plans, if any: See Section D, Nonproject Action. This proposal is to amend the City of Auburn Zoning Code as described in response to the environmental checklist application Question A.11 above. The proposed amendments are consistent with Comprehensive Plan policies as described in Section D Also, the proposed amendments are circulated to State agencies for review in accordance with RCW 36.70A.106. 10. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. See Section D, Nonproject Action. Not applicable. This proposal is a non-project action. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. See Section D, Nonproject Action. None. This proposal is a non-project action. c. Proposed measures to reduce or control housing impacts, if any: See Section D, Nonproject Action. None specifically, as this is a non-project action. 11. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? See Section D, Nonproject Action. None specifically, as this is a non-project action. b. What views in the immediate vicinity would be altered or obstructed? See Section D, Nonproject Action. None specifically, as this is a non-project action c. Proposed measures to reduce or control aesthetic impacts, if any: See Section D, Nonproject Action. None specifically, as this is a non-project action DI.C Page 135 of 293 ENVIRONMENTAL CHECKLIST(CONTINUED) TO BE COMPLETED BY APPLICANT 12. Light and glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? See Section D, Nonproject Action. Not applicable. This proposal is a non-project action b. Could light or glare from the finished project be a safety hazard or interfere with views? See Section D, Nonproject Action. Not applicable. This proposal is a non-project action. c. What existing off-site sources of light or glare may affect your proposal? See Section D, Nonproject Action. Not applicable. This proposal is a non-project action. d. Proposed measures to reduce or control light and glare impacts, if any: See Section D, Nonproject Action Not applicable. This proposal is a non-project action. 13. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? See Section D, Nonproject Action. The City of Auburn provides a full range of parks and recreational facilities. Map 11 1 of the City's Comprehensive Plan shows the location of these facilities b. Would the proposed project displace any existing recreational uses? If so, describe. See Section D, Nonproject Action. Not applicable This proposal is a non-project action. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: See Section D. Nonproject Action. Not applicable. This proposal is a non-project action. 14. Historic and cultural preservation a. Are there any places or objects listed on,or proposed for, national,state, or local preservation registers known to be on or next to the site? If so, generally describe. See Section D, Nonproject Action. The following sites in the City of Auburn are listed on the National Register of Historic Places and the Washington State Heritage Register Auburn Public Library, 306 Auburn Avenue NE, Auburn Post Office, 20 Auburn Avenue NE, Oscar Blomeen House, 324 B Street NE, Mary Olson Farm, 28728 Green River Road NE Additionally, the Auburn Masonic Temple located at 310 East Main Street is designated as a City of Auburn Landmark. DI.C Page 136 of 293 ENVIRONMENTAL CHECKLIST(CONTINUED) TO BE COMPLETED BY APPLICANT b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. See Section D. Nonproject Action. Several Indian campsites have been identified along the Green and White rivers in the Auburn Thoroughbred Racetrack EIS and in preliminary work for the Army Corps of Engineers' Special Area Management Plan SAMP). c. Proposed measures to reduce or control impacts, if any: See Section D, Nonproject Action. Auburn City Code Chapter 18.49-Flexible Development Alternatives and Chapter 18.25-Infill Residential Development Standards provide incentives for additional measures of protection and/or restoration beyond those otherwise required under Federal/State law and Auburn City Code for sites of historic or cultural significance. This proposal is a non-project action. All non-exempt projects will be required to conduct project-level SEPA analysis 15. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. See Section D, Nonproject Action, Figure 2-1 of the Comprehensive Transportation Plan Transportation Element of the City's Comprehensive Plan) shows the City's current and future classified street system. b. Is site currently served by public transit? If not,what is the approximate distance to the nearest transit stop? See Section D, Nonproject Action. Figure 4-1 of the Comprehensive Transportation Plan Transportation Element of the City's Comprehensive Plan) shows the location of public transit routes within the City Also, a Sound Transit commuter rail station exists along the Burlington Northern Santa Fe railroad right-of-way just south of West Main Street and east of C Street SW c. How many parking spaces would the completed project have? How many would the project eliminate? See Section D, Nonproject Action. Not applicable. This proposal is a non-project action. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe(indicate whether public or private). See Section D, Nonproject Action. Not applicable. This proposal is a non-project action e. Will the project use (or occur in the immediate vicinity of)water, rail, or air transportation? If so, generally describe. See Section D, Nonproject Action. There is no water transportation in the Auburn area other than for recreational uses. The area is particularly well served by rail. At this time, DI.C Page 137 of 293 ENVIRONMENTAL CHECKLIST (CONTINUED) TO BE COMPLETED BY APPLICANT local freight service is available. Burlington Northern Santa Fe and Union Pacific both operate freight lines within Auburn. Auburn is also a commuter rail station site for the Sounder commuter rail line between Tacoma and Seattle. Service began September 18, 2000. Amtrak trains pass through Auburn but do not stop here. The Auburn Municipal Airport is located north of 15th Street NE. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. See Section D, Nonproject Action. Not applicable. This proposal is a non-project action. g. Proposed measures to reduce or control transportation impacts, if any: See Section D, Nonproject Action. Not applicable. 16. Public services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. The proposal is not expected to affect the total number of housing units, the number or types of commercial developments that could be built, or to result in an increased need for public services as compared with the current regulations. See Section D, Nonproject Action. b. Proposed measures to reduce or control direct impacts on public services, if any. See Section D, Nonproject Action. The comprehensive plan contains policies that seek to maintain a sufficient level of service for public services as development occurs Also, Auburn reviews the impacts of significant development on these public services during project-level review and SEPA. Mitigation measures are required to reduce significant adverse impacts. 17. Utilities a. Circle utilities currently available at the site: electricity, natural gas,water, refuse service,telephone, sanitary sewer, septic system, other. All of the above utilities are available within the City of Auburn. b. Describe the utilities that are proposed for the project,the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. This is a non-project action. However, the Comprehensive Plan includes a utilities element(as required by the Growth Management Act), which describes the utilities that serve the Auburn area and includes policies for their provision. Also, the city actively engages in planning for public facilities. The Comprehensive Water Plan and Comprehensive Sewer Plan were adopted by the city in 2001 The DI.C Page 138 of 293 ENVIRONMENTAL CHECKLIST (CONTINUED) TO BE COMPLETED BY APPLICANT Comprehensive Drainage Plan was adopted in 2002. A new six year Capital Facilities Plan was adopted in 2012 (2013-2018). These plans ensure that utility impacts are adequately monitored and evaluated on a project level and city-wide basis C SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: Date Submitted: DI.C Page 139 of 293 ENVIRONMENTAL CHECKLIST(CONTINUED) TO BE COMPLETED BY APPLICANT D SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS Do not use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production,storage, or release of toxic or hazardous substances; or production of noise? The proposal would not be likely to increase discharge to water, emissions to air, production, storage, or release of toxic or hazardous substances; or production of noise. The City seeks to change the city's critical area regulations to allow increased flexibility in where the mitigation is allowed to be performed or constructed as compensation for impacts to environmentally-sensitive resources. The most common critical areas to use this code provision are in relation to wetland resources since these are less geographically dependent The city's regulations currently restrict mitigation to being located only within the city limits. This location restriction was largely due to the fact that when the regulations were first drafted and adopted, the City did not previously have a critical areas ordinance and was not familiar with how all of the provisions of the regulations would work. Due to this unfamiliarity, the city sought to have a greater amount of regulatory control by requiring that the mitigation occur where the city had regulatory oversight. Since the time of the adoption of the city's first critical areas ordinance, the city has greater experience and familiarity in how mitigation is performed and the necessary oversight to ensure critical area functions are replaced. The city code language continues to require that the mitigation site be located within the same drainage basin. The change is therefore not anticipated to result in a change in the hydrologic contribution within the drainage basin. Proposed measures to avoid or reduce such increases are: The City of Auburn Comprehensive Plan contains provisions to reduce increases or emissions caused by new development. Emphasis in the Comprehensive Plan on reducing the reliance on the automobile for transportation should reduce the amount of emissions to the air Policies in the Environment Chapter also provide guidance in the review of development proposals to encourage retention of and replanting of native vegetation. This supports wildlife habitat areas, particularly near streams, as the policies assist the City in addressing adverse impacts to water quality and wildlife habitat from runoff since native plantings may require less pesticide use. Non-exempt development will be subject to SEPA requirements to evaluate and mitigate impacts related to discharges, emissions, and the release of toxic substances. Evaluation of the site specific proposals will be based on the policies of the Comprehensive Plan and appropriate mitigation will take place on a case by case basis. City development standards including but not limited to the critical areas ordinance (ACC 16.10), shoreline master program regulations (ACC 16.08), the City's Engineering DI.C Page 140 of 293 ENVIRONMENTAL CHECKLIST (CONTINUED) TO BE COMPLETED BY APPLICANT Design Standard and Construction Standard Manuals (ACC 12.04) also provide additional protection for these types of impacts. Auburn City Code contains performance standards towards uses and activities with in the City (ACC 18.31 —Supplemental Developmental Standards). These standards regulate noise, emissions to air; production, storage, or release of toxic or hazardous substances. 2. How would the proposal be likely to affect plants, animals,fish, or marine life? It is unlikely the proposed code amendment will have any adverse effect on plants, animals, fish, or marine life. The code change seeks to provide more flexibility in where mitigation is allowed. Under the code provisions, mitigation will be allowed to be performed on-site as currently is allowed, but also off-site. The most common critical areas to use this code provision are wetland resources since there are often less geographically dependent Those animals and insects who depend the impact site (such as a wetland), that are less mobile and cannot find alternate habitat in close proximity could perish on the replacement wetland mitigation) is allowed to be constructed at a further distance from. It is the goal of the city's critical area regulations to provide replacement functions for those functions being lost due to the impact so it is not anticipated that the various functions of wetlands would be diminished or lost. The proposed amendments are not expected change the developable area of the City The proposed amendments would not introduce any new land uses in areas where they are not currently allowed. Proposed measures to protect or conserve plants, animals, fish, or marine life are: Generally, the adopted Auburn Comprehensive Plan and critical areas ordinance seek to protect and conserve plants, animals, fish, and marine life. SEPA environmental review of all non-exempt development is conducted to evaluate, reduce and avoid or mitigate impacts. The evaluation is based on the policies of the Auburn Comprehensive Plan and appropriate mitigation will take place for each future development proposal on a case-by- case basis. Policies within the Environment Chapter also provide guidance in the review of development proposals to encourage use of native vegetation and the retention of native vegetation. This should support wildlife habitat areas, particularly near streams as the policies assist the city in addressing adverse runoff impacts to water quality and wildlife habitat since native plantings may require less pesticide use. City development standards including but not limited to the critical areas ordinance and the shoreline master program regulations also provide additional protection for these types of impacts. The City would authorize the mitigation to occur off-site when the location off-site is ecologically preferable. When because of the particular circumstances of the site, the location off-site will yield a greater ecological benefit or increased wetland functions. DI.C Page 141 of 293 ENVIRONMENTAL CHECKLIST (CONTINUED) TO BE COMPLETED BY APPLICANT 3. How would the proposal be likely to deplete energy or natural resources? There are no expected significant increases in the use of energy or natural resources resulting from the amendments being proposed. Proposed measures to protect or conserve energy and natural resources are: None specifically, as this is a non-project action. However, in addition to the provisions of the Auburn Energy Management Plan (adopted in 1986), which encourages energy conservation in public buildings, street lighting, and recycling, the comprehensive plan places an emphasis on providing for alternative methods of travel to the automobile such as transit, walking, and biking. An environmental review under SEPA of all non-exempt development will be conducted to measure the project impacts 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study)for governmental protection; such as parks,wilderness,wild and scenic rivers,threatened or endangered species habitat, historic or cultural sites,wetlands,floodplains, or prime farmlands? The proposal is unlikely to affect environmentally sensitive areas or areas designated for governmental protection. Proposed measures to protect such resources or to avoid or reduce impacts are: The comprehensive plan and, in particular, the critical areas ordinance (ACC 16.10), seek to protect environmentally sensitive areas (wetlands, streams, geologically hazard areas, floodplain, wildlife habitat, and aquifer recharge areas) and to reduce the impacts of development on them. The Auburn Comprehensive Plan provides for the implementation of innovative land management techniques to protect these resources Among the innovative land management techniques, the Flexible Development Alternatives Chapter(ACC 18.49) includes incentives for enhancement or restoration of critical area buffers, and/or encouraging development to locate farther from critical areas than currently required by code. SERA environmental review for all non-exempt development will be conducted to evaluate impacts. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Amendments can only be approved if the Applicant can assure to the city that future development is consistent with the Comprehensive Plan and its policies and related regulations. Those proposals that are not consistent with the comprehensive plan policies or other existing plans will not be approved. Proposed measures to avoid or reduce shoreline and land use impacts are: The comprehensive plan, critical areas ordinance, and other development regulations, such as the zoning ordinance and shoreline master program, seek to protect these land and shoreline resources and to reduce the effects of development on them. An DI.C Page 142 of 293 ENVIRONMENTAL CHECKLIST(CONTINUED) TO BE COMPLETED BY APPLICANT environmental review under SEPA of all future development that is non-exempt will also be conducted to evaluate a proposal's land use and environmental impacts. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? The proposal is not expected to affect the total number of housing units or the number or types of commercial developments that could be built in the City of Auburn, therefore the proposal is not expected to increase demands on transportation or public services and utilities as compared with the current zoning regulations. Proposed measures to reduce or respond to such demand(s) are: The City has adopted a six-year Transportation Improvement Program (2013-2019) that identifies projects to meet safety needs, capacity needs, access needs, projected funding. The Comprehensive Transportation Plan is an element of the City's overall Comprehensive Plan. It is the City's long-range plan for developing its transportation system over the next 15 years. This plan helps ensure that transportation impacts are adequately monitored and evaluated on a project level and city-wide basis. The City has an adopted 2013-2018 Capital Facilities Plan. Also, the city actively engages in planning for public facilities. The Comprehensive Water Plan and new Comprehensive Sewer Plan were adopted by the city in 2001 The Comprehensive Drainage Plan was adopted in 2002. A Comprehensive Transportation Plan was adopted in 2005 with updates during the 2006 Comprehensive Plan amendment cycle. These plans help ensure that utility impacts are adequately monitored and evaluated on a project level and city-wide basis. An environmental review under SEPA for all non-exempt development will be conducted to evaluate environmental impacts. Environmental impacts that must be addressed during the SEPA review process include traffic, public services, and utilities. 7. Identify, if possible,whether the proposal may conflict with local,state, or federal laws or requirements for the protection of the environment. The proposal does not conflict with local, state, or federal laws or requirements for protection of the environment. The change would increase consistency with other authorities since many county, state and federal agencies with jurisdiction for wetland impacts are allowing alternate forms of mitigation, such as in-lieu fee programs or wetland mitigation banking. Permit requirements of these other authorities often encourage applicants to pursue alternate forms of mitigation. DI.C Page 143 of 293 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6477 Date: August 27, 2013 Department: Planning and Development Attachments: Ord 6477 Public Hearing Packet Budget Impact: $0 Administrative Recommendation: For discussion only. Background Summary: Over the last several months, the City has been working on an approach to address student/rental housing within the City with attention on the single family residential communities that are located nearby Green River Community College (GRCC). Some of the concerns raised include parking impacts, unpermitted conversion of garages to living space, lack of proper solid waste management, noise impacts, and an overall conversion of single family residences to rentals. A joint meeting was held between the Planning and Community Development Committee (PCDC) and the Planning Commission on August 12, 2013 where the program approach to rental housing and broad policy direction on proposed amendments were discussed. Staff took the feedback provided and prepared draft code amendments that were presented at the August 20, 2013 public hearing before the Planning Commission. Public testimony was provided and the Planning Commission recommended approval of the proposed amendments with a few minor changes. At the August 26, 2013 PCDC meeting, the Committee reviewed the proposed code amendments and recommend approval of Ordinance No. 6477 to the full City Council. Reviewed by Council Committees: Planning And Community Development Other: Legal, Planning Commission Councilmember:Backus Staff:Chamberlain Meeting Date:September 3, 2013 Item Number:DI.D AUBURN * MORE THAN YOU IMAGINEDDI.D Page 144 of 293 ORDINANCE NO. 6 4 7 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 5.22.020, 5.22.040, 18 04 330 18 04 340, 18 04 350, 18 04 360, 18 04 794, 18 07.020 AND 18 31 130 OF THE CITY CODE, CREATING NEW SECTIONS 18 04.249 AND, 18 04.677, OF THE CITY CODE, REPEALING SECTION 18 04 180 OF THE CITY CODE, AND AMENDING THE CITY OF AUBURN FEE SCHEDULE, RELATED TO RENTAL HOUSING WHEREAS, the City of Auburn has seen an increase in rental housing particularly in residential neighborhoods adjacent to Green River Community College and through citizen comment determined the City's rental housing program needed to be amended, and WHEREAS, there is currently an inconsistency between the definitions within Chapter 18 04 of the Auburn City Code, and WHEREAS, in order to clarify the definitions and address the inconsistency between the terms as they are currently written in the City Code, it is appropriate to amend, delete, and create new definitions and establish criteria for rental housing within single family residential neighborhoods, and WHEREAS, in order to address issues raised related to rental housing primarily in single family residential neighborhoods, it is appropriate to amend the City's rental housing business license program, and WHEREAS, following proper public notice, the Planning Commission considered the proposed code amendments at a public hearing on August 20, 2013, and Ordinance No. 6477 August 28, 2013 Page 1 of 12 DI.D Page 145 of 293 WHEREAS, the Planning and Community Development Committee reviewed the Planning Commission's recommendation at their August 26, 2013 meeting; and WHEREAS, the environmental review on the proposal has been completed in accordance with the requirements of the State Environmental Policy Act (SEPA) with a final Determination of Non-significance (DNS) issued August 5, 2013, and WHEREAS, pursuant to RCW 36 70A.106, the proposed zoning code amendments were sent to the Washington State Department of Commerce, Growth Management Services, and other state agencies as required with expedited review requested and acknowledgment received on August 26, 2013, and WHEREAS, no comments regarding the proposed zoning code amendments have been received from the Department of Commerce or other state agencies; and WHEREAS, the Auburn City Council finds that the proposed amendments provide clarification to the subdivision title and comply with recent changes to state law NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows. Section 1. Amendment to City Code. That Section 5.22.020 of the Auburn City Code be and the same hereby is amended to read as follows. 5.22.020 Business license — Fee. Each rental housing business operating in the city, as defined herein, shall obtain and maintain in good standing a "rental housing business license" issued by the city in accordance with the procedures of this chapter and this title A. The fee for a rental housing business license shall be as set forth in the city of Auburn fee schedule B The business license fee shall be for the fisGal Calendar year (July1-st through june 3^!"January 15t through December 315), and each applicant for the business license must pay the full business license fee for the current calendar fiscal year or portion thereof during which the applicant has engaged in business, regardless of when during the calendar fiscal year the license is obtained. Ordinance No 6477 August 28, 2013 Page 2 of 12 DI.D Page 146 of 293 C The rental housing business license fee required by this chapter is in lieu of, and not in addition to, the general business license fee required by Chapters 5.05 and 5 10 ACC, provided, however, that any person required to obtain a rental housing business license must also obtain a general business license, at no cost, pursuant to Chapters 5 05 and 5 10 ACC. (Ord. 5882 § 1, 2005, Ord. 5651 § 1, 2002.) Section 2. Amendment to City Code. That Section 5.22.040 of the Auburn City Code be and the same hereby is amended to read as follows. 5.22.040 Rental housing business license criteria. A. Managers and operators of rental housing businesses shall comply with the criteria established in this section and chapter in order to maintain their rental housing business license in good standing as required by ACC 5.22.020 The city shall identify and communicate with the managers and operators of rental housing businesses, as it deems appropriate, regarding the criteria established in this chapter The city shall establish forums for information sharing and enforcement review, as it deems appropriate, in order to encourage voluntary compliance with these criteria prior to mandatory enforcement. Rental housing business owners or their non-owner managers shall comply as necessary with the following specific criteria as well as all other requirements of this chapter in order to maintain their business license in good standing: 1 Attendance and participation in crime-free housing training programs when such are offered by the Auburn police department or other city department and the license holder is given written notice to attend. Attendance and participation may be required by the city whenever a residential unit is the location for any criminal or nuisance activity which results in an arrest for criminal activity or the issuance of an infraction citation in the case of a nuisance, whether or not the arrestee or cited person is a tenant; 2.Mutually derived crime prevention strategies as established and agreed to by and between the city and the rental housing owner and/or manager; 3 City directed crime prevention strategies. If the implementation of criteria in subsections (A)(1) and (2) of this section is unsuccessful in eliminating recurring criminal or nuisance activity the city will notify the rental housing business owner or manager in writing of the requirement to comply with a particular city directed crime prevention strategy The city may implement a city directed crime prevention strategy whenever a residential unit is the location for any criminal or nuisance activity which results in an arrest or issuance of a citation whether or not the person arrested or cited is a tenant. Strategies will be reasonably tailored to the particular location and situation and will be consistent with strategies implemented by other municipalities in similar situations, 4 Upon written request, the rental housing owner or manager shall allow inspection of rental housing residential units consistent with their ability to do so under the requirements of the landlord-tenant statutes of the state of Washington and the Auburn City Code The city may, with the legally obtained consent of an occupant or Ordinance No. 6477 August 28, 2013 Page 3 of 12 DI.D Page 147 of 293 owner, or pursuant to a lawfully issued warrant, enter any building, structure or premises in the city to inspect or perform any duty imposed by this code, 5 In the event that recurring criminal or nuisance activity continues at any particular location which is subject to the licensing requirements of this chapter and the imposition of criteria in subsections (A)(1) through (4) of this section has failed to eliminate the recurring criminal or nuisance activity at the location, the rental housing owner may hire security officers selected by the manager-operator Voluntary implementation of manager-operator selected security shall stay revocation of the business license so long as the security is effective in eliminating the recurring criminal and/or nuisance activity at said licensed location, 6.In the event that criminal or nuisance activity continues to occur at any particular location which is subject to the licensing requirements of this chapter and the imposition of criteria in subsections (A)(1) through (4) of this section and implementation of criteria in subsection (A)(5) of this section has failed to eliminate recurring criminal or nuisance activity at the particular location the rental housing owner may request or agree to city directed off-duty police security Voluntary implementation of city directed off-duty police security shall stay revocation of the business license so long as the security is effective in eliminating ongoing criminal and/or nuisance activity at the particular licensed location, 7 In the event that the rental housing business owner does not comply with criteria in subsections (A)(1) through (6) of this section, the city may revoke the rental housing business owner's license Business license revocation shall be the ultimate resort for enforcement purposes Business license revocation shall occur as otherwise set out in this chapter B The criteria listed above shall be implemented in a priority beginning with criteria in subsection (A)(1) of this section and ending with criteria in subsection (A)(7) of this section. It is envisioned that most problems can be resolved by participation in crime-free housing training and implementation of its recommended practices. Failure to participate in strategies in subsections (A)(1) through (6) of this section may subject the licensed/registered party to revocation. Any expense incurred in connection with subsections (A)(2) through (5) of this section will be borne by the licensed/registered party It is further provided that the "inspection of the residential units of rental housing units," subsection (A)(4) of this section, includes inspection of residential units in the complex for any applicable health, building, fire, housing or life-safety code violations, or other serious violations. C.The following requirements are established for communal residences as defined in Title 18. 1.The owner/landlord must provide the following information and anv additional information on the rental business license application form at the time of submittal a. Total number of bedrooms in the rental unit b. Total number of occupants Ordinance No. 6477 August 28, 2013 Page 4 of 12 DI.D Page 148 of 293 2. The owner/landlord must provide updated information for each of the items outlined in ACC 5 22 040(C)(1) each year with their rental business license renewal. 3. The owner/landlord must sign a statement that confirms their understanding and acceptance of the conditions and obligations incurred as a landlord. At a minimum the statement will. a.Outline the landlord's responsibilities for providing a safe living environment for their tenants. b. That structural additions and modifications are to be properly permitted and inspected. c.That garbage and recycling will be properly managed d. That adequate off-street parking will be provided for all tenants meeting the requirements of ACC 18.31.130. e. That noise and other public nuisances see Title 8 ACC will be monitored and controlled. f.That annual inspections are required in order to obtain a rental housing business license. q. That anyone under the age of 18 is subject to the curfew regulations in ACC 9.10. 4.If the owner/landlord is in violation of the requirements for a communal residence then the code enforcement actions outlined in Chapter 1.25 will be taken. Ord 5882 § 1, 2005, Ord 5651 § 1, 2002.) Section 3. Amendment to City Code. That section 18 04 330 of the Auburn City Code be and the same hereby is amended to read as follows: 18.04.330 Dwelling. Dwelling" means a building designed exclusively for residential purposes for occupancy by a person,-or family, or unrelated group with one or more rooms for living and sleeping purposes, containing kitchen facilities and rooms with internal accessibility, including single-family, two-family, and multiple-family dwellings and townhouse dwellings but not including hotels or motel units without kitchens. (Ord 6245 § 3, 2009; Ord 4229 § 2, 1987 ) Section 4. Amendment to City Code. That section 18 04 340 of the Auburn City Code be and the same hereby is amended to read as follows. 18.04.340 Dwellings, types of. Types of dwellings" means. A. Dwelling, Single-Family "Single-family dwelling" means a detached building designed exclusively for occupancy by one family or communal residence and containing one dwelling unit that is permanently attached to the ground. A manufactured home may be considered a single-family dwelling if sited per ACC 18.31 050 Ordinance No. 6477 August 28, 2013 Page 5 of 12 DI.D Page 149 of 293 B Dwelling, Two-Family (Duplex) "Two-family dwelling" or "duplex" means a building designed exclusively for occupancy by two families or communal residence living independently of each other, and containing two dwelling units. C Dwelling, Multiple-Family "Multiple-family dwelling" means a building designed for occupancy by three or more families or communal residence living independently of each other, and containing three or more dwelling units D. Dwelling, Townhouse "Townhouse dwelling" means a building designed exclusively for occupancy by one family or communal residence, occupying space from the ground to the roof and not lying vertically under or over adjacent units, and attached to one or more other dwelling units by common walls (Ord 6245 § 3, 2009; Ord 6162 1 , 2008; Ord. 4229 § 2, 1987 ) Section 5. Amendment to City Code. That section 18 04 350 of the Auburn City Code be and the same hereby is amended to read as follows. 18.04.350 Dwelling unit. Dwelling unit' means one or more rooms designed for or occupied by one family or communal residence for living or sleeping purposes and containing kitchen facilities f solely by ^^^ fa^ y All rooms comprising a dwelling unit shall have access through an interior door to other parts of the dwelling unit. An efficiency apartment, also known as a studio apartment, constitutes a dwelling unit within the meaning of this title Ord 6245 § 3, 2009; Ord 4229 § 2, 1987 ) Section 6. Amendment to City Code. That section 18.04 360 of the Auburn City Code be and the same hereby is amended to read as follows- 18.04.360 Family. Family" means a person living alone, two or more persons related by blood or marriage, or any other analogous family union recognized under Federal and/or State statute, facilities, as distinguished from a group occupying a hotel, club,rdinghouse OF ledginglGuse or communal residence. For the purposes of this definition, minors living with a parent shall not be counted as part of the maximum number of residents. The purpose of defining family is to assist in the regulation of occupancy standards within dwelling units and to define different types of structures it is not intended to interfere with the civil rights of individuals who establish relationships under the terms of state and federal laws. (Ord 6245 § 3, 2009; Ord 4229 § 2, 1987 ) Section 7. Amendment to City Code. That section 18 04.794 of the Auburn City Code be and the same hereby is amended to read as follows. Ordinance No. 6477 August 28, 2013 Page 6 of 12 DI.D Page 150 of 293 18.04.794 Renting of rooms. Renting of rooms" means the provision of rooms for lodging purposes to not more than two persons in addition to the owner occupied unit, and/or family who lives in the residence (Ord. 6245 § 3, 2009 ) Section 8. Amendment to City Code. That section 18 07 020 of the Auburn City Code be and the same hereby is amended to read as follows 18.07.020 Uses. Table 18.07.020 Permitted Use Table—Residential Zoning Designations P= Permitted A =Administrative C = Conditional Use X = Not Permitted Land Uses Zoning Designations R- R. R- R- R. R- R- C 1 5 7 10 16 20 A. Residential Uses. Accessory dwelling units P P P P X' X' X' Accessory use, residential P P P P P P P Adult family home P P P P P P P Bed and breakfast P P P P P P P BeaF l'Rghouser_(with-t#r re beaFders) X X X X C G 6 Communal residence 4 or less unrelated individuals P P P P P P P Communal residence more than 4 unrelated individuals C C C C C C C Duplexes; provided, that minimum lot size of zoning designation is met and subject to compliance with Chapter 18.25 ACC (Infill Residential Development X X A P P P X Standards) Foster care homes P P P P P P P Group residence facilities (7 or more residents) X X X X C C C Group residence facilities (6 or fewer residents) P P P P P P P Keeping household pets'P' P' P' P' P' P' P' Multiple-family dwellings X X X X A P P Neighborhood recreational buildings and facilities owned and managed by the A6 As K A` A6 P P neighborhood homeowners' association Ordinance No. 6477 August 28, 2013 Page 7 of 12 DI.D Page 151 of 293 Renting of rooms, for lodging purposes only, to accommodate not more than two P P P TP P persons in addition to the; ediatte family or owner occupied unit Residential care facilities including but not limited to assisted living facilities, P P X X A P P convalescent homes, continuing care retirement facilities Single-family detached dwellings, new P P P P P P X Supportive housing, subject to the provisions of ACC 18.31 160 X X X X X P P Swimming pools, tennis courts and similar outdoor recreation uses only accessory P P P P P P P to residential or park uses Townhouses (attached) X X X X P P P B. Commercial Uses. Commercial horse riding and bridle trails A X X X X X X Commercial retail, included as part of mixed-use development and not a home X X X X A A A occupation in compliance with Chapter 18.60 ACC Daycare, limited to a mini daycare center Daycare center, preschool or nursery X A A A A A A school may also be permitted but must be located on an arterial Home-based daycare as regulated by RCW 35.63.185 and through receipt of P P P P P P P approved city business license Home occupations subject to compliance with Chapter 18.60 ACC P P P P P P P Mixed-use development'X X X X P P P Nursing homes X X X X C C C Private country clubs and golf courses, excluding driving ranges X X C C C X X Privately owned and operated parks and playgrounds and not homeowners' X A A A A P P association-owned recreational area Professional offices, included as part of mixed-use development and not a home X X X X A A A occupation in compliance with Chapter 18.60 ACC C Resource Uses. Agricultural enterprise:' When 50 percent, or more, of the total site area is dedicated to active agricultural production during the growing season, and with 52 or less special events per A' X X X X X X calendar year When less than 50 percent of the total site area is dedicated to active agricultural production during the growing season, or with more than 52 special events per C' X X X X X X calendar year Agricultural type uses are permitted provided they are incidental and secondary to the single-family use: Ordinance No. 6477 August 28, 2013 Page 8 of 12 DI.D Page 152 of 293 Agricultural crops and open field growing (commercial) P X X X X X X Barns, silos and related structures P X X X X X X Commercial greenhouses P X X X X X X Pasturing and grazing4 P X X X X X X Public and private stables' P X X X X X X Roadside stands, for the sale of agricultural products raised on the premises. The stand cannot exceed 300 square feet in area and must meet the applicable P X X X X X X setback requirements Fish hatcheries C X X X X X X D Government, Institutional, and Utility Uses. Civic, social and fraternal clubs X X X X A A A Government facilities A A A A A A A Hospitals (except animal hospitals) X X X X X C C Municipal parks and playgrounds A P P P P P P Museums X X X X A A A Religious institutions, less than one acre lot size A A A A A A A Religious institutions, one acre or larger lot size C C C C C C C Transmitting towers C C C C C C C Type 1-D Wireless Communication Facility (see ACC 18.04.912(J)) P P P P P P P Utility facilities and substations C' Cs C' C' C' Cs C' 1 An accessory dwelling unit may be permitted with an existing single-family residence pursuant to ACC 18.31 120. 2 Please see the supplemental development standards for animals in ACC 18 31 210. 3. Individual uses that make up a mixed-use development must be permitted within the zone If a use making up part of a mixed-use development requires an administrative or conditional use permit, the individual use must apply for and receive the administrative or conditional use approval, as applicable. 4 Proximity of pasture or livestock roaming area to wells, surface waters, and aquifer recharge zones is regulated by the King or Pierce County board of health, and property owners shall comply with the provisions of the King County board of health code. 5 Excludes all public and private utility facilities addressed under ACC 18.02.040(E). 6. Administrative use permit not required when approved as part of a subdivision or binding site plan. 7 Agricultural enterprise uses are subject to supplemental development standards under ACC 18 31.210,Agricultural enterprises development standards. Ord 6369§2, 2011, Ord 6363§3, 2011, Ord.6269§3, 2009, Ord 6245§ 5, 2009.) Section 9. Amendment to City Code. That Section 18 31 130 of the Auburn City Code be and the same hereby is amended to read as follows. Ordinance No. 6477 August 28, 2013 Page 9 of 12 DI.D Page 153 of 293 18.31.130 Reser:edCommunal residence. A. Parking Requirements 1.There must be one off-street parking stall per renter A landlord may reduce the off-street parking requirement if an affidavit is signed that a tenant does not own a vehicle. B. Solid Waste Management Requirements 1.ACC Section 8 08 070 requires all occupied units to have minimum garbage service The landlord is required to provide tenants with adequate garbage and recycle receptacles meeting the minimum garage service level. 2. The landlord is responsible to provide each tenant with the solid waste collection schedule and that schedule is to be posted within the unit. C. An annual building inspection is required for a communal residence as part of the required rental housing business license. D International Property Maintenance Code occupancy requirements are applicable to a communal residence regardless of the number of individuals living in the residence. E. Amortization Schedule 1.Existing communal residences have until December 31 2013 to become compliant with the regulations outlined in this Title and Title 5 as it pertains to communal residences F The following criteria are required to be met for any communal residence over 4 unrelated individuals in addition to the required criteria for a conditional use permit under ACC 18.64,040. As stated in ACC 18.07.020, a conditional use permit is required. 1.Adequate living space based on the International Property Maintenance Code standards will be taken into account when a request for more than 4 unrelated individuals is requested. 2.A designated property manager that is available 24 hours a day, 7 days a week is required. 3.The request for more than 4 unrelated individuals will not adversely impact the surrounding community. 4 The applicant must show how noise will be mitigated. rRese ed(Ord. 6245 15, 2009.) Section 10. Creation of New Section of City Code. That a new section 18 04.249 of the Auburn City Code be and the same hereby is created to read as follows: 18.04.249 Communal residence. A dwelling, without an owner occupant, that is rented to a group of unrelated individuals. Section 11. Creation of New Section of City Code. That a new section 18 04 677 of the Auburn City Code be and the same hereby is created to read as follows. Ordinance No. 6477 August 28, 2013 Page 10 of 12 DI.D Page 154 of 293 18.04.677 Owner occupied unit. A dwelling unit in which the owner resides on a regular, permanent basis. Section 12. Repeal of City Code Section. That section 18 04 180, definition of boardinghouse, of the Auburn City Code is repealed Section 13. Amendment to City Fee Schedule. The City of Auburn Fee Schedule shall be amended as follows. 6. RENTAL HOUSING BUSINESS LICENSE FEES (Per Resolution No. 4601, Ordinance No. 5882, Resolution No. 4272 and Resolution No. 4424) 1)The fee for a license to operate rental housing businesses in the City, as defined in Chapter 5.22 of the Auburn City Code (ACC) shall be based on the total number of units as follows a) One to four dwelling units. $53 00 per year; b) Five to 24 dwelling units $106 00 per year; c) Twenty-five or more dwelling units. $212.00 per year d) Communal residence: $150.00 per year. 2)The fee for a license to operate rental housing businesses in the city shall be for the license year from January 1 to December 31, and each applicant must pay the full fee for the current license year or any portion thereof during which the applicant has engaged in the operation of rental housing businesses 3)The rental housing business license fee required by this chapter is in lieu of, and not in addition to, the general business license fee required by Chapters 5.05 and 5 10 of the Auburn City Code (ACC), provided, however, that any person required to obtain a rental housing business license must also obtain a general business license, at no cost, pursuant to Chapters 5 05 and 5 10 of the Auburn City Code (ACC) 4)Notwithstanding the provisions of sub-section (1) of this section, the fee for operating rental housing facilities for any single individual, partnership, corporation or entity shall not exceed $424 00 per license period For the 2010 calendar year only, rental housing business license renewals shall be valid for the period July 1, 2010 to December 31, 2010 subject to the payment of one-half of the specified fee For the 2011 calendar year and subsequent calendar years, rental housing business license renewals shall be for the period January 1 through December 31. Section 14. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this Ordinance No. 6477 August 28, 2013 Page 11 of 12 DI.D Page 155 of 293 legislation. Furthermore, the City Clerk is authorized to insert the amended fee set forth in Section 13 hereof into the City of Auburn Fee Schedule without any further action by the City Council. Section 15. Severability. The provisions of this ordinance are declared to be separate and severable The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 16. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law INTRODUCED PASSED APPROVED- CITY OF AUBURN PETER B. LEWIS, MAYOR ATTEST- Danielle E. Daskam, City Clerk APP 4HeiZr,-ity O FORM: niel Published Ordinance No. 6477 August 28, 2013 Page 12 of 12 DI.D Page 156 of 293 DI.D Page 157 of 293 AcrTnToF_*_ 1 * l <J' ' = s Zoning Code Text Amendment WASHINGTON ZOA13-0003 Staff Report to the Planning Commission I. BACKGROUND AND GENERAL INFORMATION: Over the last several months a number of residents who live in the single family residential communities that are located nearby Green River Community College (GRCC) have expressed concern that they are observing a spike in rental homes in their neighborhood that are occupied by students of GRCC Their concerns include Parking impacts, Unpermitted conversion of garages to living space, Overcrowding of single family homes with too many occupants, Lack of proper solid waste management, Noise impacts, and An overall conversion of single family residences to rentals. This staff report outlines the proposed amendments and program approach to rental housing, more specifically addressed to rentals within single family neighborhoods. II. SEPA STATUS: Pursuant to WAC 197-11-800(6), non-project actions such as code amendments are not exempt from environmental review The City issued a Determination of Non-Significance August 5, 2013. The comment period ends August 19, 2013 and the appeal period ends on September 3, 2013. III. FINDINGS OF FACT: 1 In general, the intent of the proposed zoning code amendments is to address an inconsistency in the code and comments received from citizens related to student/rental housing. The City originally broke the project into two phases but through the review process ultimately determined that a holistic program approach was needed. 2. The process for zoning code text amendments is described in ACC Chapter 18.68 18.68.020 Initiation of amendments. B. Text. 1 The city council, or planning and development committee of the city council, upon its own motion may request the planning commission to conduct a public hearing to amend any portion or all of this title; provided, that text amendments that are purely administrative or procedural do not require a public hearing, nor do they require preliminary review or recommendations of the planning commission; 2. The planning commission may upon its own motion call for a public hearing to amend any portion or all of this title, with the exception of purely administrative or procedural amendments; Zoning Code Text Amendment ZOA13-0003 Staff Report to the Planning Commission August 7, 2013 Page 1 DI.D Page 158 of 293 3. Any resident or property owner of the city may petition the city to request an amendment to the text of this title. C For the purposes of this chapter, substantive amendments shall be distinguished from procedural or administrative amendments in accordance with the following: Substantive" matters relate to regulations that define or limit what can be done in terms of conduct, use or action (e.g., what use may be made of land, what requirements apply to development, what public infrastructure may be required of certain developments), and "procedural' or"administrative" matters are those that relate to the process of how an application to take such action must be pursued (e.g., time limits for applications and appeals, what forms must be used, and where or how applications must be submitted. Essentially, "procedural' or"administrative" matters are the mechanical rules by which substantive issues may be pursued). (Ord. 6287 § 2, 2010; Ord. 6198 § 3, 2008; Ord. 4840 § 1, 1996, Ord. 4304 § 1(46), 1988; Ord. 4229 § 2, 1987 ) 18.68.030 Public hearing process. A. Text Amendments. With the exception of purely administrative or procedural amendments, the planning commission shall conduct at least one public hearing on all amendments to this title. The planning commission shall make a recommendation to the city council who may or may not conduct a public hearing. C City Council Decision. The city council may affirm, modify or disaffirm any recommendation of the planning commission or hearing examiner with regard to amendments of the text or map of this title. (Ord. 6198 § 4, 2008; Ord. 4840 § 1, 1996, Ord. 4229 § 2, 1987 ) 18.68.040 Public hearing notice requirements. A. Text Amendments. 1 Planning Commission. For text amendments that require a public hearing under ACC 18.68.030(A), notice of a public hearing shall be given by publication, in a newspaper of general circulation in the area, at least 10 days prior to the public hearing and by posting the notice in three general public locations. 2. City Council. Notice of a public hearing shall be given by publication, in a newspaper of general circulation in the area, prior to the public hearing and by posting the notice in three general public locations. 3. The proposed code amendments are supported by the City of Auburn Comprehensive Plan as identified in the conclusion section of this staff report. 4 Pursuant to WAC 197-11-800(6), non-project actions such as code amendments are not exempt from environmental review The City issued a Determination of Non- Significance August 5, 2013. The comment period ends August 19, 2013 and the appeal period ends on September 3, 2013. As of the writing of this report, no comments have been received. 5. Pursuant to RCW 36.70A.106, the proposed code amendments outlined in this staff report were sent to the Washington State Department of Commerce and other state agencies as required for the 60-day state review required for modification of development regulations. The amendments were sent on August 5, 2013 and expedited review was requested under RCW 36.70A.106(3)(b). The Department of Commerce Zoning Code Text Amendment ZOA13-0003 Staff Report to the Planning Commission August 7, 2013 Page 2 DI.D Page 159 of 293 acknowledged receipt on August 7, 2013. Expedited review has not been granted as of the writing of this staff report. If the expedited review request is denied then the standard 60-days applies from the submittal date of August 5, 2013. 6. Staff presented the proposed code amendment concepts and program approach to the Planning Commission and Planning and Community Development Committee at a joint meeting held on August 12, 2013 for review and discussion. 7 The public hearing notice was published on August 8, 2013 in the Seattle Times at least 10-days prior to the Planning Commission public hearing scheduled for August 20, 2013. The public hearing notice was also posted at the City's Annex Building at One East Main Street and on the City's website. 8. The following conclusions support the proposed amendment to Title 18, Zoning, and Title 5, Business and Licenses Regulations scheduled for the Planning Commission's August 20, 2013 public hearing with a staff recommendation. IV. CONCLUSIONS: 1. Pursuant to ACC Section 18.68 020, amendments of Title 18 require a public hearing before the Planning Commission with a public hearing notice published at least 10-days prior to the public hearing date. Staff Analysis: The public hearing notice was published in the Seattle Times on August 8, 2013 which is at least 10-days prior to the Planning Commission public hearing scheduled for August 20, 2013. The public hearing notice was also posted at the City's Annex Building at One East Main Street and on the City's website. 2. These code amendments are supported by the City of Auburn's Comprehensive Plan as follows: GP-2: The City should develop its plans and programs after thorough analysis of community problems, potentials, and needs. Chapter 4 — Housing: Auburn's housing strategy is for home buyers and renters of all income groups have sufficient opportunities to procure affordable housing. HO—28 The City recognizes that the development of safe neighborhoods requires the cooperation of property owners and/or their property managers. The City shall organize, educate, and assist property managers in the creation and preservation of safe neighborhoods. Staff Analysis: The proposed code amendments address rental housing within the City of Auburn, more specifically student rental housing, and deal with existing conflicts within the Auburn City Code. Staff proposes to amend the following: Zoning Code Text Amendment ZOA13-0003 Staff Report to the Planning Commission August 7, 2013 Page 3 DI.D Page 160 of 293 Title 18—Zoning Amend the definition of family Amend the definition of dwelling Add a new definition communal residence Add a new definition owner occupied Delete the boardinghouse definition Add a new section to Supplemental Development Standards for Communal Residence Title 5— Business and Licenses Regulations Amend Rental Housing Business License section by adding licensing requirements for Communal Residence Housekeeping item changing the fiscal year to calendar year The proposed code amendments balance the allowance of rental housing within residential neighborhoods and address issues associated with rental housing that have arisen such a parking, solid waste service, yard maintenance, and noise. Particulady with the proposed amendments to Title 5, a heavier burden is placed on the ownerAandlord of the rental unit to make sure tenants are following regulations and being good neighbors within the community. If the conditions of the rental housing business license are not adhered to, the City may revoke the license and move into code enforcement action. Code enforcement procedures are outlined in Chapter 1.25 of the Auburn City Code. Staff will bring additional information regarding code enforcement procedures to the August 20, 2013 public hearing. The proposed amendments also address potential safety concerns, such as illegal garage conversions and number of bedrooms, by requiring an annual inspection of the rental unit verifying the information submitted with rental housing business license application is correct. A primary goal of the proposed code amendments is to address the situation where individual leases for each bedroom in a unit exist versus the traditional rental housing situation where there is one lease for the occupants by requiring more oversight by the landlord and requiring an annual inspection of the rental property/unit. Also as part of the overall program, the City will be adding a page to its website on rental housing with information for landlords, tenants, FAQs, a list of compliant properties, and the application forms. We will also be working with Green River Community College and request that they also include similar information on their website. V. STAFF RECOMMENDATIONIDECISION Staff recommends that the Planning Commission recommend to the City Council approval of the proposed code amendment as presented. VI. EXHIBITS Exhibit 1 Proposed code changes Auburn City Code Exhibit 2 Request to Department of Commerce for Expedited State Review Zoning Code Text Amendment ZOA13-0003 Staff Report to the Planning Commission August 7, 2013 Page 4 DI.D Page 161 of 293 Exhibit 3 Department of Commerce acknowledgement letter Exhibit 4 Request to publish hearing notice in newspaper Exhibit 5 Environmental Checklist Exhibit 6 Determination of Non-Significance Exhibit 7 Comments Letters Received Exhibit 8 Table of Other Jurisdictions Regulations Staff Report Prepared by Elizabeth Chamberlain, Planning Services Manager Zoning Code Text Amendment ZOA13-0003 Staff Report to the Planning Commission August 7, 2013 Page 5 DI.D Page 162 of 293 Exhibit 1 ZOA13-0003 Title 18—Zoning Chapter 18.04 Definitions 18.04.480 ReaFdiR@hGUG8. fam6lieis, aFe h9used OF 'edged feF hiFe with 9F without meals. A Feeminghouse PF R fi-FAiShed 18.04.XXX Communal residence. A dwelling without an owner occupant that is rented to a group of unrelated individuals. 18.04.330 Dwelling. Dwelling" means a building designed exclusively for residential purposes for occupancy by a person,-er family, or unrelated group with one or more rooms for living and sleeping purposes, containing kitchen facilities and rooms with internal accessibility, including single-family, two- family,and multiple-family dwellings and townhouse dwellings but not including hotels or motel units without kitchens. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987 ) 18.04.340 Dwellings, types of. Types of dwellings" means: A. Dwelling, Single-Family. "Single-family dwelling" means a detached building designed exclusively for occupancy by one family or communal residence and containing one dwelling unit that is permanently attached to the ground. A manufactured home may be considered a single-family dwelling if sited per ACC 18.31 050. B. Dwelling, Two-Family (Duplex). "Two-family dwelling" or"duplex" means a building designed exclusively for occupancy by two families or communal residence living independently of each other, and containing two dwelling units. C Dwelling, Multiple-Family "Multiple-family dwelling" means a building designed for occupancy by three or more families or communal residence living independently of each other, and containing three or more dwelling units. D Dwelling, Townhouse. "Townhouse dwelling" means a building designed exclusively for occupancy by one family or communal residence, occupying space from the ground to the roof and not lying vertically under or over adjacent units, and attached to one or more other dwelling units by common walls. (Ord. 6245 § 3, 2009; Ord. 6162 § 1, 2008; Ord. 4229 § 2, 1987 ) 18 04.350 Dwelling unit. Dwelling unit" means one or more rooms designed for or occupied by one family or communal residence for living or sleeping purposes and containing kitchen facilities for use solely by one family All rooms comprising a dwelling unit shall have access through an interior door to other parts of the dwelling unit. An efficiency apartment, also known as a studio apartment, constitutes a dwelling unit within the meaning of this title. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987 ) 18.04.360 Family ZOA13-0003 Proposed Code Amendments Planning Commission Public Hearing Version 1 August 20, 2013 Page 1 DI.D Page 163 of 293 Family" means a person living alone, two or more persons related by blood or marriage, or any other analogous family union recognized under Federal and/or State statute, era-group Gf eight or fewer residents v.qhn Arp not related by Need OF FnaFFiage G61stwnaFily liviRg tegetheF as a as distinguished from a group occupying a hotel, club, b9aFdiRghGW68 eF ladginghouse or communal residence. For the purposes of this definition, minors living with a parent shall not be counted as part of the maximum number of residents. The purpose of defining family is to assist in the regulation of occupancy standards within dwelling units and to define different types of structures: it is not intended to interfere with the civil rights of individuals who establish relationships under the terms of state and federal laws. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987 ) 18.04.XXX Owner occupied unit. A dwelling unit in which the owner resides on a regular, permanent basis. 18604 794 Renting of rooms. Renting of rooms" means the provision of rooms for lodging purposes to not more than two persons in addition to the owner occupant and/or family who lives in the residence. (Ord. 6245 § 3, 2009 ) Chapter 18.07 RESIDENTIAL ZONES Sections: 18.07 010 Intent. 18.07 020 Uses. 18.07 030 Development standards. 18.07.020 Uses. Table 18.07.020 Permitted Use Table—Residential Zoning Designations P=Permitted A=Administrative C =Conditional Use X=Not Permitted Land Uses Zoning Designations R- R- RC R-1 R-5 R-7 R-20 10 16 A. Residential Uses. ZOA13-0003 Proposed Code Amendments Planning Commission Public Hearing Version 1 August 20, 2013 Page 2 DI.D Page 164 of 293 Accessory dwelling units P P P P X' X' X' Accessory use, residential P P P P P P P Adult family home P P P P P P P Bed and breakfast P P P P P P P X X X X G G G Communal Residence 4 or less unrelated individuals P P P P P P P Communal Residence more than 4 unrelated individuals C C C C C C C Duplexes; provided,that minimum lot size of zoning designation is met and subject to compliance with Chapter 18.25 ACC(Infill X X A P P P X Residential Development Standards) Foster care homes P P P P P P P Group residence facilities(7 or more residents) X X X X C C C Group residence facilities(6 or fewer residents) P P P P P P P Keeping household pets' P2 P2 P2 P2 P2 P P2 Multiple-family dwellings X X X X A P P Neighborhood recreational buildings and facilities owned and qe qe qe qa qa p p managed by the neighborhood homeowners'association Renting of rooms,for lodging purposes only,to accommodate not more than two persons in addition to the immediate-family or owner P P P P P P P occupied unit Residential care facilities including but not limited to assisted living P P X X A P P facilities,convalescent homes, continuing care retirement facilities ZOA13-0003 Proposed Code Amendments Planning Commission Public Hearing Version 1 August 20, 2013 Page 3 DI.D Page 165 of 293 Single-family detached dwellings, new P P P P P P X Supportive housing,subject to the provisions of ACC 18.31 160 X X X X X P P Swimming pools,tennis courts and similar outdoor recreation uses P P P P P P P only accessory to residential or park uses Townhouses (attached)X X X X P P P B. Commercial Uses. Commercial horse riding and bridle trails A X X X X X X Commercial retail, included as part of mixed-use development and X X X X A A A not a home occupation in compliance with Chapter 18.60 ACC Daycare, limited to a mini daycare center Daycare center, preschool or nursery school may also be permitted but must be located on an X A A A A A A arterial Home-based daycare as regulated by RCW 35.63.185 and through P P P P P P P receipt of approved city business license Home occupations subject to compliance with Chapter 18.60 ACC P P P P P P P Mixed-use development' X X X X P P P Nursing homes X X X X C C C Private country clubs and golf courses, excluding driving ranges X X C C C X X Privately owned and operated parks and playgrounds and not X A A A A P P homeowners' association-owned recreational area Professional offices, included as part of mixed-use development and X X X X A A A not a home occupation in compliance with Chapter 18.60 ACC ZOA13-0003 Proposed Code Amendments Planning Commission Public Hearing Version 1 August 20, 2013 Page 4 DI.D Page 166 of 293 C. Resource Uses. Agricultural enterprise:' When 50 percent, or more, of the total site area is dedicated to active agricultural production during the growing season, and with 52 or less A' X X X X X X special events per calendar year When less than 50 percent of the total site area is dedicated to active agricultural production during the growing season, or with more than C' X X X X X X 52 special events per calendar year Agricultural type uses are permitted provided they are incidental and secondary to the single-family use: Agricultural crops and open field growing (commercial) P X X X X X X Barns, silos and related structures P X X X X X X Commercial greenhouses P X X X X X X Pasturing and grazing' P X X X X X X Public and private stables' P X X X X X X Roadside stands,for the sale of agricultural products raised on the premises. The stand cannot exceed 300 square feet in area and must P X X X X X X meet the applicable setback requirements Fish hatcheries C X X X X X X D Government, Institutional, and Utility Uses. Civic, social and fraternal clubs X X X X A A A Government facilities A A A A A A A ZOA13-0003 Proposed Code Amendments Planning Commission Public Hearing Version 1 August 20, 2013 Page 5 DI.D Page 167 of 293 Hospitals(except animal hospitals) X X X X X C C Municipal parks and playgrounds A P P P P P P Museums X X X X A A A Religious institutions, less than one acre lot size A A A A A A A Religious institutions, one acre or larger lot size C C C C C C C Transmitting towers C C C C C C C Type 1-D Wireless Communication Facility(see ACC 18.04.912(J)) P P P P P P P Utility facilities and substations C' C' C' C' C' i An accessory dwelling unit may be permitted with an existing single-family residence pursuant to ACC 18.31 120. 2. Please see the supplemental development standards for animals in ACC 18 31 210. 3. Individual uses that make up a mixed-use development must be permitted within the zone. If a use making up part of a mixed-use development requires an administrative or conditional use permit,the individual use must apply for and receive the administrative or conditional use approval,as applicable. 4. Proximity of pasture or livestock roaming area to wells,surface waters, and aquifer recharge zones is regulated by the King or Pierce County board of health, and property owners shall comply with the provisions of the King County board of health code 5. Excludes all public and private utility facilities addressed under ACC 18 02.040(E). 6 Administrative use permit not required when approved as part of a subdivision or binding site plan 7 Agricultural enterprise uses are subject to supplemental development standards under ACC 18.31.210, Agricultural enterprises development standards. Ord 6369§2, 2011, Ord. 6363§3, 2011, Ord.6269§3, 2009;Ord.6245§ 5,2009.) Chapter 18.31 SUPPLEMENTAL DEVELOPMENT STANDARDS Sections: 18.31 010 Daycare standards. 18.31 020 Fences. 18.31 030 Height limitations— Exceptions. 18.31 040 Lots. 18.31 050 Single-family dwelling siting and design standards. 18.31 060 Recreational vehicle parks. 18.31.070 Setbacks. 18.31 080 Heliports. 18.31.090 Work release, prerelease and similar facilities. 18.31 100 Wireless communications facilities siting standards. 18.31 110 Siting of microcells. ZOA13-0003 Proposed Code Amendments Planning Commission Public Hearing Version 1 August 20, 2013 Page 6 DI.D Page 168 of 293 18.31 115 Wetland mitigation. 18.31 120 Accessory dwelling units. 18.31 130 RereRfPd Communal Residence. 18.31.140 Gated residential subdivisions. 18.31 150 Secure community transition facilities. 18.31 160 Supportive housing development standards. 18 31.170 Reserved. 18.31 180 Performance standards. 18 31.190 Supplemental development standards for residential mobile home communities. 18.31.200 Architectural and site design review standards and regulations. 18.31.210 Agricultural enterprises development standards. 18 31.220 Permitted animals. 18.31.230 Table of allowed districts 18.31.130 Communal Residence A. Parking Requirements 1 There must be one off-street parking stall per renter. A landlord may reduce the off- street parking requirement if an affidavit is signed that a tenant does not own a vehicle. B. Solid Waste Management Requirements 1. ACC Section 8.08.070 requires all occupied units to have minimum garage service. The landlord is required to provide tenants with adequate garbage and recycle receptacles meeting the minimum garage service level. 2. The landlord is responsible to provide each tenant with the solid waste collection schedule and that schedule is to be posted within the unit. C An annual building inspection is required for a communal residence as part of the required rental housing business license. D. International Property Maintenance Code occupancy requirements are applicable to a communal residence regardless of the number of individuals living in the residence. E. Amortization Schedule 1 Existing communal residences have 6 months to become compliant with the regulations outlined in this Title as it pertains to communal residences. F The following criteria are required to be met for any communal residence over 4 unrelated individuals in addition to the required criteria for a conditional use permit under ACC 18 64.040. As stated in ACC 18.07.XXX a conditional use permit is required. 1. Adequate living space based on the International Property Maintenance Code standards will be taken into account when a request for more than 4 unrelated individuals is requested. 2. A designated property manager that is available 24 hours a day. 7 days a week is required. 3.The request for more than 4 unrelated individuals will not adversely impact the surrounding community. 4. The applicant must show how noise will be mitigated. Chapter 5.22 RENTAL HOUSING BUSINESS LICENSE AND STRATEGIES Sections: ZOA13-0003 Proposed Code Amendments Planning Commission Public Hearing Version 1 August 20, 2013 Page 7 DI.D Page 169 of 293 5.22.010 Definitions. 5.22.020 Business license— Fee. 5.22.030 Advisory board on rental housing. 5.22.040 Rental housing business license criteria. 5.22.050 License application — Required — Form. 5.22.060 License application —Approval or disapproval procedure. 5.22.070 License — Display— Nontransferability— Responsibility 5.22.080 License— Revocation. 5.22.090 Employment of law enforcement officers. 5.22.100 Duty to comply with all federal, state and local laws and regulations— Business license revocation. 5.22.110 Reimbursement for transitional costs. 5.22.120 Violation — Penalty. 5.22.130 Nonexclusive enforcement. 5.22.020 Business license— Fee. Each rental housing business operating in the city, as defined herein, shall obtain and maintain in good standing a "rental housing business license' issued by the city in accordance with the procedures of this chapter and this title. A. The fee for a rental housing business license shall be as set forth in the city of Auburn fee schedule. B. The business license fee shall be for the fiss calendar year 30thJanuary 1s`through December 31s), and each applicant for the business license must pay the full business license fee for the current fiscal- lendar year or portion thereof during which the applicant has engaged in business, regardless of when during the fiscal-calendar year the license is obtained. C. The rental housing business license fee required by this chapter is in lieu of, and not in addition to, the general business license fee required by Chapters 5.05 and 5 10 ACC, provided, however, that any person required to obtain a rental housing business license must also obtain a general business license, at no cost, pursuant to Chapters 5.05 and 5.10 ACC (Ord. 5882 § 1, 2005, Ord. 5651 § 1, 2002.) 5.22.040 Rental housing business license criteria: A. Managers and operators of rental housing businesses shall comply with the criteria established in this section and chapter in order to maintain their rental housing business license in good standing as required by ACC 5.22.020. The city shall identify and communicate with the managers and operators of rental housing businesses, as it deems appropriate, regarding the criteria established in this chapter The city shall establish forums for information sharing and enforcement review, as it deems appropriate, in order to encourage voluntary compliance with these criteria prior to mandatory enforcement. Rental housing business owners or their non- owner managers shall comply as necessary with the following specific criteria as well as all other requirements of this chapter in order to maintain their business license in good standing: 1 Attendance and participation in crime-free housing training programs when such are offered by the Auburn police department or other city department and the license holder is given written notice to attend. Attendance and participation may be required by the city whenever a residential unit is the location for any criminal or nuisance activity which results in an arrest for criminal activity or the issuance of an ZOA13-0003 Proposed Code Amendments Planning Commission Public Hearing Version 1 August 20, 2013 Page 8 DI.D Page 170 of 293 infraction citation in the case of a nuisance, whether or not the arrestee or cited person is a tenant; 2. Mutually derived crime prevention strategies as established and agreed to by and between the city and the rental housing owner and/or manager; 3. City directed crime prevention strategies. If the implementation of criteria in subsections (A)(1) and (2) of this section is unsuccessful in eliminating recurring criminal or nuisance activity the city will notify the rental housing business owner or manager in writing of the requirement to comply with a particular city directed crime prevention strategy The city may implement a city directed crime prevention strategy whenever a residential unit is the location for any criminal or nuisance activity which results in an arrest or issuance of a citation whether or not the person arrested or cited is a tenant. Strategies will be reasonably tailored to the particular location and situation and will be consistent with strategies implemented by other municipalities in similar situations; 4 Upon written request, the rental housing owner or manager shall allow inspection of rental housing residential units consistent with their ability to do so under the requirements of the landlord-tenant statutes of the state of Washington and the Auburn City Code. The city may, with the legally obtained consent of an occupant or owner, or pursuant to a lawfully issued warrant, enter any building, structure or premises in the city to inspect or perform any duty imposed by this code; 5. In the event that recurring criminal or nuisance activity continues at any particular location which is subject to the licensing requirements of this chapter and the imposition of criteria in subsections (A)(1)through (4) of this section has failed to eliminate the recurring criminal or nuisance activity at the location, the rental housing owner may hire security officers selected by the manager-operator Voluntary implementation of manager-operator selected security shall stay revocation of the business license so long as the security is effective in eliminating the recurring criminal and/or nuisance activity at said licensed location; 6. In the event that criminal or nuisance activity continues to occur at any particular location which is subject to the licensing requirements of this chapter and the imposition of criteria in subsections (A)(1) through (4) of this section and implementation of criteria in subsection (A)(5) of this section has failed to eliminate recurring criminal or nuisance activity at the particular location the rental housing owner may request or agree to city directed off-duty police security Voluntary implementation of city directed off-duty police security shall stay revocation of the business license so long as the security is effective in eliminating ongoing criminal and/or nuisance activity at the particular licensed location, 7 In the event that the rental housing business owner does not comply with criteria in subsections (A)(1) through (6) of this section, the city may revoke the rental housing business owner's license. Business license revocation shall be the ultimate resort for enforcement purposes. Business license revocation shall occur as otherwise set out in this chapter. B. The criteria listed above shall be implemented in a priority beginning with criteria in subsection (A)(1) of this section and ending with criteria in subsection (A)(7) of this section. It is envisioned that most problems can be resolved by participation in crime-free housing training and implementation of its recommended practices. Failure to participate in strategies in ZOA13-0003 Proposed Code Amendments Planning Commission Public Hearing Version 1 August 20, 2013 Page 9 DI.D Page 171 of 293 subsections (A)(1) through (6) of this section may subject the licensed/registered party to revocation. Any expense incurred in connection with subsections (A)(2) through (5) of this section will be borne by the licensed/registered party It is further provided that the "inspection of the residential units of rental housing units;' subsection (A)(4) of this section, includes inspection of residential units in the complex for any applicable health, building, fire, housing or life-safety code violations, or other serious violations. Ord. 5882 § 1, 2005, Ord. 5651 § 1, 2002.) C The following requirements are established for communal residences as defined in Title 18. 1. The owner/landlord must provide the following information and any additional information on the rental business license application form at the time of submittal: a. Total number of bedrooms in the rental unit b. Total number of occupants c. Total number of occupants who are students 2 The owner/landlord must provide updated information for each of the items outlined in ACC 5.22.040(C)(1) each year with their rental business license renewal. 3 The owner/landlord must sign a statement that confirms their understanding and acceptance of the conditions and obligations incurred as a landlord. At a minimum, the statement will: a Outline the landlord's responsibilities for providing a safe living environment for their tenants. b That structural additions and modifications are to be properly permitted and inspected. c. That garbage and recycling will be properly managed. d. That adequate off-street parking will be provided for all tenants meeting the requirements of ACC 18.31.130. e That noise and other public nuisances will be monitored and controlled. f. That annual inspections are required in order to obtain a rental housing business license. q That anyone under the age of 18 is subject to the curfew regulations in ACC 9.10. 4 If the owner/landlord is in violation of the requirements for a communal residence, then the code enforcement actions outlined in Chapter 1.25 will be taken. ZOA13-0003 Proposed Code Amendments Planning Commission Public Hearing Version 1 August 20, 2013 Page 10 DI.D Page 172 of 293 Exhibit 2 ZOA13-0003 Elizabeth Chamberlain From: Elizabeth Chamberlain Sent: Monday, August 05, 2013 4:27 PM To: DAHP'; 'larry.fsher @dfw wa.gov'; 'ramin.pazooki @wsdot.wa.gov', 'DNR'; sepaunit @ecy wa.gov', 'MIT Cultural Program` 'WA DOC'; 'Washington Environmental Council'; 'Auburn School District'; Dave Hill; 'City of Federal Way'; 'Corbin, Douglas L'; Futurewise' Subject: DNS-two non-project action code amendments Attachments:20130805154450514.pdf, Revised Checklist Student Rental Housing.pdf; Proposed Code Amendments and program SEPA version.pdf; 20130805154441529.pdf; Checklist C-1 Zone Amendments.pdf; Multi Family Amendments SEPA version.pdf Good Afternoon, Attached please find the following: Revised DNS, checklist, and proposed code amendments related to student/rental housing within the City DNS, checklist, and proposed code amendments related to the C-1, Light Commercial Zone, mixed use requirements The City anticipates a public hearing before the Planning Commission on August 20, 2013 and City Council action in September For commerce—the City will be requesting expedited review for the proposed code amendments and will be sending that request shortly under separate cover If there are any questions please let me know Sincerely, Elizabeth Elizabeth F Chamberlain, AICP Planning Manager City of Auburn 253-931-3092 1 DI.D Page 173 of 293 Exhibit 3 ZOA13-0003 ate "mss STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE • PO Box 42525 • Olympia,Washington 98504.2525 • (360)725-4000 www.commerce.wa.gov August 7, 2013 Elizabeth Chamberlain Senior Planner City of Auburn 25 W Main Street Auburn, Washington 98001-4998 Dear Ms. Chamberlain: Thank you for sending the Washington State Department of Commerce (Commerce)the following materials as required under RCW 36.70A 106. Please keep this letter as documentation that you have met this procedural requirement. City of Auburn -Proposed code amendments related to student/rental housing and proposed code amendments related to the C-1, Light Commercial Zone, mixed use requirements. These materials were received on August 06, 2013 and processed with the material ID# 19421. Expedited Review is requested under RCW 36.70A.106(3)(b). If this submitted material is an adopted amendment, then please keep this letter as documentation that you have met the procedural requirement under RCW 36.70A.106. If you have submitted this material as a draft amendment requesting expedited review,then we have forwarded a copy of this notice to other state agencies for expedited review and comment. If one or more state agencies indicate that they will be commenting, then Commerce will deny expedited review and the standard 60-day review period (from date received)will apply Commerce will notify you by e-mail regarding of approval or denial of your expedited review request. If approved for expedited review, then final adoption may occur no earlier than fifteen calendar days after the original date of receipt by Commerce. Please remember to submit the final adopted amendment to Commerce within ten days of adoption If you have any questions, please contact Growth Management Services at reviewteam @commerce.wa.gov, or call Dave Andersen (509)434-4491 or Paul Johnson (360) 725-3048. Sincerely, Review Team Growth Management Services DI.D Page 174 of 293 Exhibit 4 ZOA13-0003 REQUEST TO PUBLISH Please publish the following Notice of Public Hearing in the Seattle Times on August 8, 2013 Bill the City of Auburn: City of Auburn ATT City Clerk 25 West Main Auburn, WA. 98001 An "Affidavit of Publication" is requested for this billing. Thank you. CITY OF AUBURN NOTICE OF PUBLIC HEARING The Planning Commission of the City of Auburn, Washington, will conduct a public hearing on Tuesday, August 20, 2013 at 7:00 P.M. in the Council Chambers of the Auburn City Hall located at 25 West Main Street on the following: Case Number ZOA13-0003: Amendment to Auburn City Code The proposal amends the Auburn City Code related student/rental housing. The proposed amendments affect Title 18, Zoning, and Title 5, Business and Licenses Regulations. Case Number ZOA13-0005: Amendment to Auburn City Code The proposal amends the Auburn City Code related to the C-1, Light Commercial, Zone. Specifically, the proposed code amendments address mixed-use development standards. Case No.ZOA13.0004:Amendment to ACC 16.10.110, Critical Areas Regulations Amendment to the critical areas regulations to authorize mitigation to be located outside the City under certain circumstances which is currently not allowed The public hearing will be held in the Council Chambers,Auburn City Hall, located at 25 West Main Street. The public is invited to attend to express comments or opinions. Written comments may be submitted up until and at the public hearing for ZOA13-0003 and Z0A13-0005 to Elizabeth Chamberlain, Planning Services Manager, Planning and Development Department, 25 West Main Street,Auburn, WA 98001-4988 or Jeff Dixon, Principal Planner, for ZOA13-0004 at the same address If you have further comments or questions, please contact Elizabeth Chamberlain at echamberlain(rilauburnwa qov or at 253) 931-3092. For citizens with speech, sight or hearing disabilities wishing to review documents pertaining to this hearing, should contact the City of Auburn within 10 calendar days prior to the meeting, as to the type of service or equipment needed. Each request will be considered individually according to the type of request,the availability of resources, and the financial ability of the City to provide the requested services or equipment. DI.D Page 175 of 293 Exhibit 5 ZOA13-0003 CITY OF AUBU WASHINGTON planning and Development Department ENVIRONMENTAL CHECKLIST 1. Name of proposed project, if applicable: Student/Rental Housing Code Amendments 2. Name of Applicant: City of Auburn 3. Address and phone number of applicant and contact person: Applicant: Planning and Development Department 25 West Main Auburn, WA 98001-4998 Elizabeth Chamberlain, AICP, Planning Services Manager 253) 931-3092 4. Date checklist prepared: Original Checklist—June 3, 2013 (Phase 1 of the code amendments) Revised checklist -August 1, 2013 (code amendments not being broken into phases) 5. Agency requesting checklist: City of Auburn 6. Proposed timing or schedule (including phasing, if applicable): Environmental Review—August 2013 Planning Commission Public Hearing —August 20, 2013 City Council Review—September 2013 City Council Action — September 2013 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. The City issued a DNS in June 2013 for Phase 1 of the student/rental housing code amendments which was to amend the definition of family After further review, the City determined that breaking the code amendments into phases was not the best course of action so the project is moving forward as one phase. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. ENVIRONMENTAL CHECKLIST Page 1 of 16 DI.D Page 176 of 293 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT Determination of Non-Significance issued June 3, 2013 for the amendment to the definition of family 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None. 10. List any government approvals or permits that will be needed for your proposal, if known. The City of Auburn Planning Commission will hold a public hearing on the proposed code amendments addressed in this environmental checklist and will forward a recommendation to the Auburn City Council. The City Council may or may not hold a public hearing prior to taking action adopting, adopting in part, or not adopting the amendments. Although not an approval or permit, the proposed zoning text amendments are also subject to the 60-day State Agency review process pursuant to RCW 36.70A.106. The City will be requesting expedited review 11. Give a brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You need not repeat those answers on this page. The City has recently been faced with issues related to student/rental housing near Green River Community College. The City will be proposing several code amendments to Title 18, Zoning, and Title 5, Business Licenses and Regulation, to address rental housing. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The proposed code amendment would be applicable city wide. B. ENVIRONMENTAL ELEMENTS: 1. Earth: A. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous,other. Page 2 of 16 DI.D Page 177 of 293 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT The City of Auburn is characterized by a relatively flat valley floor bordered by steep hillsides that plateau. B. What is the steepest slope on the site (approximate percent slope)? The slope of the valley walls in the city varies, but some slopes associated with the valley walls reach 100%. Most sites on the valley floor have limited slopes. C. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. The valley floor is made up primarily of soils of the Oridia, Renton, Snohomish and Briscott series. These soils are fairly poorly drained and formed in the alluvium (river sediments) associated with the White and Green rivers. These are considered good agricultural soils, though in many areas, are not well-drained. There is no designated prime farmland within the City of Auburn. The soils in the uplands are predominantly of the Aldenvood series. These soils drain moderately well and are typically located on slopes ranging from 0-70%. D. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Many factors affect slope stability including soil type, parent material, slope and drainage. These factors can be further affected by human intervention such as slope alteration, and vegetation removal. The city has identified categories of geologic hazard areas and inventoried these areas. Maps of the erosion and landslide hazard areas are provided as Maps 9.6 and 9 7, respectively in the City's Comprehensive Plan. E. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Not applicable. The proposed amendments are non-project actions, so no site alteration, construction, or earthwork is proposed. F. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Not applicable. Non-project action. G. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Not applicable. The action does not involve site specific development proposals H. Proposed measures to reduce or control erosion, or other impacts to the earth. This is a non-project action so no site specific erosion control is proposed. However, the existing comprehensive plan includes numerous policies to reduce or control erosion through the use of best management practices, landscaping requirements, limitations on alteration of steep slopes and other critical areas protections. Impacts to earth will be Page 3 of 16 DI.D Page 178 of 293 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT identified and, if necessary, mitigated during the development review process as specific development proposals are made that might be associated with these plan amendments The city also has design and construction standards that address erosion control measures. 2. Air: A. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any,generally describe and give approximate quantities if know. Not applicable. Proposal is a non-project action. B. Are there any off-site sources of emissions or odors that may affect your proposal? If so, generally describe. Not applicable. Proposal is a non-project action. C. Proposed measures to reduce or control emissions or other impacts to air, if any: Not applicable. Proposal is a non-project action. 3. Water: A. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site including year round and seasonal streams, saltwater, lakes, ponds, wetlands): If yes, describe type and provide names. If appropriate, state what stream or river it flows into. The major bodies of water within Auburn are the Green River, the White River, Mill Creek, Bowman Creek, and White Lake. The City has conducted an inventory of wetlands within the city limits. These are shown on Map 9 3 of the City's Comprehensive Plan. 2) Will the project require any work over, in, or adjacent to (within 200 feet)the described waters? If yes, please describe and attach available plans. Not applicable. This is a non-project action. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Not applicable. This is non-project action. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. Page 4 of 16 DI.D Page 179 of 293 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT Not applicable. This is non-project action. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. Proposal is non-project action. However, several areas within Auburn lie within the 100-year floodplain of the Green or White River and Mill Creek. These areas as well as frequently flooded areas as defined by the City of Auburn Public Works Department are shown on Map 9.4 of the City's Comprehensive Plan. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. Proposal is a non-project action. B. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. Not applicable. This is non-project action. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: domestic sewage; industrial, containing any toxic chemicals; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) is (are) expected to serve. Not applicable. This is non-project action. C. Water Runoff(including storm water): 1) Describe the source of runoff(including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Not applicable. This is non-project action. 2) Could waste materials enter ground or surface waters? If so, generally describe. Not applicable. This is non-project action. D. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Not applicable. This is non-project action. 4. Plants: A. Check or circle types of vegetation found on the site: Page 5 of 16 DI.D Page 180 of 293 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT deciduous tree: alder, maple, aspen, other X evergreen tree: fir, cedar, pine, other X shrubs X grass. X pasture.X crop or grain. X wet soil plants: cattail, buttercup, bullrush, skunk cabbage, X other water plants: water lily, eelgrass, milfoil, other X other types of vegetation. X B. What kind and amount of vegetation will be removed or altered? Not applicable. This is non-project action. However, in general urban development results in the removal or alteration of many types of vegetation. C. List threatened or endangered species known to be on or near the site: None that are known. D. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Not applicable. This is non-project action. 5. Animals: A. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, other: geese, ducks, crows, etc. Mammals: deer, bear, elk, beaver, other, Fish: bass, salmon, trout, herring, shellfish, other, urban animals such as dogs, cats, squirrels, rodents, opossums, raccoons,etc.are also present in the city. B. List any threatened or endangered species known to be on or near the site. There are nesting/breeding sites of bald eagles, great blue herons and green back heron within Auburn as shown on Map 9.2 of the City's Comprehensive Plan. The Environmental Impact Statement for the Auburn Thoroughbred Racetrack indicates that peregrine falcons, bald eagles, and the Aleutian Canadian Goose have been seen in the Auburn area. Chinook salmon are currently listed as a threatened species by the National Marine Fisheries Service (NMFS). Bull trout are also listed. Chinook salmon are known to use the Green and White Rivers. C. Is the site part of a migration route? If so, explain. Auburn is a portion of the Pacific Flyway for migratory birds. Page 6 of 16 DI.D Page 181 of 293 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT D. Proposed measures to preserve or enhance wildlife, if any: Not applicable. This is non-project action. 6. Energy and Natural Resources: A. What kinds of energy(electric, natural gas, oil,wood stove, solar)will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Not applicable. This is a non-project action. B. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. Not applicable. This is a non-project action. C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Not applicable. This is a non-project action 7. Environmental Health: A. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? If so, describe. Not applicable. This is a non-project action. 1) Describe special emergency services that might be required: Not applicable. This is a non-project action. 2) Proposed measures to reduce or control environmental health hazards, if any: Not applicable. This is a non-project action. B. Noise: 1) What types of noise exist in the area which may affect your project(for example: traffic, equipment, operation, other)? Not applicable. This is a non-project action. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Page 7 of 16 DI.D Page 182 of 293 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT Not applicable. This is a non-project action. 3) Proposed measures to reduce or control noise impact, if any: Not applicable. This is a non-project action. 8. Land and Shoreline Use: A. What is the current use of the site and adjacent properties? The City and PAA contain a variety of land uses including residential, industrial, commercial, open space, and public land uses. The proposed code amendment would be applicable to residential zoned property within the City B. Has the site been used for agriculture? If so, describe: Much of the Green River Valley and the City of Auburn were used for agriculture at some time in the past. Over the last several decades, rapid growth in the area resulted in much of the agricultural land converting to urban uses. No land within the city is designated as agricultural, though some parcels continue as that type of use. C. Describe any structures on the site: Structures within the City range from small single family detached homes to large industrial and warehousing facilities. D. Will any structures be demolished? If so, what? Not applicable. This is a non-project action. E. What is the current zoning classification of the site? City zoning districts include: RR (Rural Residential); R-1 (1 du/acre) R-5 (5 du/acre); R-7 7 du/acre); R-10 (10 du/acre), R-20 (20 du/acre); RMHP (Residential Manufactured Home District); RO (Residential Office); RO-H (Residential Office-Hospital), CN Neighborhood Commercial); DUC (Downtown Urban Center); C1 (Light Commercial); C2 (Central Business District); C3 (Heavy Commercial); M1 (Light Industrial); M2 Heavy Industrial); BP (Business Park); LF (Airport Landing Field); P1 (Public Use); UNC Unclassified Use); I (Institutional Use); LH (Lea Hill). The proposed code amendment would affect all the zoning districts. F. What is the current comprehensive plan designation of the site? A Comprehensive Plan map of the City is contained in the City's Comprehensive Plan and includes 13 different plan designations. G. If applicable, what is the current shoreline master program designation of the site? Page 8 of 16 DI.D Page 183 of 293 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT Portions of the City along the Green and White Rivers fall under the Shoreline Master Program. A map of the shoreline designations for those areas is Map 9 1 of the City's Comprehensive Plan. Zoning districts that are applicable to this proposed code amendment doe fall within the City's Shoreline Management area. H. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify: Not applicable. This is a non-project action. However, areas of the City do have sensitive areas and the regulation and protection of sensitive areas are addressed through the City's critical areas ordinance. I. Approximately how many people would reside or work in the completed project? Not applicable. This is a non-project action and no specific development is proposed. J. Approximately how many people would the completed project displace? None specifically Proposal is a non-project action. K. Proposed measures to avoid or reduce displacement impacts, if any: None specifically Proposal is a non-project action. L. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: None specifically. Proposal is a non-project action. 9. Housing: A. Approximately how many units would be provided, if any? Indicate whether high, middle,or low-income housing. Not applicable. Proposal is a non-project action. B. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. Not applicable. Proposal is a non-project action. C. Proposed measures to reduce or control housing impacts, if any: Not applicable. Proposal is a non-project action. 10.Aesthetics: A. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? Page 9 of 16 DI.D Page 184 of 293 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT Not applicable. Proposal is a non-project action. B. What views in the immediate vicinity would be altered or obstructed? Not applicable. Proposal is a non-project action. C. Proposed measures to reduce or control aesthetic impacts, if any: Not applicable. Proposal is a non-project action. 11. Light and Glare: A. What type of light or glare will the proposal produce? What time of day would it mainly occur? Not applicable. Proposal is a non-project action. B. Could light or glare from the finished project be a safety hazard or interfere with views? Not applicable. Proposal is a non-project action. C. What existing off-site sources of light or glare may affect your proposal? Not applicable. Proposal is a non-project action. D. Proposed measures to reduce or control light and glare impacts, if any: Not applicable. Proposal is a non-project action. 12. Recreation: A. What designated and informal recreational opportunities are in the immediate vicinity? The City of Auburn provides a full range of parks and recreational facilities. Map 11.1 of the City's Comprehensive Plan shows the location of these facilities. B. Would the proposed project displace any existing recreational uses? If so, describe. Not applicable. Proposal is a non-project action. C. Proposed measures to reduce or control impacts on recreation including recreation opportunities to be provided by the project or applicant, if any: Not applicable. Proposal is a non-project action. 13. Historic and Cultural Preservation: A. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe: Page 10 of 16 DI.D Page 185 of 293 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT Not applicable. Proposal is a non-project action. However as a matter of information, in Auburn, the Blomeen House located at 324 B Street NE is on the National Register of Historic Places. The Camegie Library Building at 306 Auburn Avenue (currently Auburn Dance and Music Center) and the Auburn Post Office currently Seattle-King County Health Department) at 20 Auburn Avenue NE are local and county landmarks. The Olson Farm, located at 28728 Green River Road South, was designated as King County Landmark in 2000 and the Masonic Temple Building at the southeast comer of Auburn Way South and East Main Street was designated as a King County Historical Landmark in 2002. B. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. Several Indian campsites have been identified along the Green and White rivers in the Auburn Thoroughbred Racetrack EIS and in preliminary work for the Army Corps of Engineers' Special Area Management Plan. C. Proposed measures to reduce or control impacts, if any: Not applicable. Proposal is a non-project action. 14. Transportation: A. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any Figure 2-1 of the Comprehensive Transportation Plan (transportation element) shows the City's current and future classified street system. B. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Not applicable, non-project action. However, Figure 4-1 of the Comprehensive Transportation Plan (transportation element) shows the location of public transit routes within the City Also, a commuter rail station exists along the Burlington Northern Santa Fe railroad right-of-way just south of West Main Street and east of C Street SW C. How many parking spaces would the completed project have? How many would the project eliminate? Not applicable. Proposal is a non-project action. D. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private): Not applicable. Proposal is a non-project action. Page 11 of 16 DI.D Page 186 of 293 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT E. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe: There is no water transportation in the Auburn area other than for recreational uses. The area is particularly well served by rail. At this time, local freight service is available. Burlington Northern Santa Fe and Union Pacific both operate freight lines within Auburn. Auburn is also a commuter rail station site for the Sounder commuter rail line between Tacoma and Seattle. Service began September 18, 2000. Amtrak trains pass through Auburn but do not stop here. The Auburn Airport is located north of 151" Street NE. F. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Not applicable. Non-project action. G. Proposed measures to reduce or control transportation impacts, if any: Not applicable. Non-project action. 15. Public Services: A. Would the project result in an increased need for public services (for example: fire protection, police protection, health care,schools, other)? If so, generally describe: Not applicable. Non-project action. B. Proposed measures to reduce or control direct impact on public services, if any: The comprehensive plan contains policies that seek to maintain a sufficient level of service for public services as development occurs. Also, Auburn reviews under SEPA, the impacts of significant development on these public services. Mitigation measures are required to reduce significant adverse impacts. 16. Utilities: A. Circle utilities currently available at the site: Electricity, natural gas water, refuse service, telephone, sanitary sewer, septic system, other Cable N. All of the above utilities are available within the City of Auburn. B. Describe the utilities that are proposed for the project,the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed: This is a non-project action. However, the Comprehensive Plan includes a utilities element (as required by the Growth Management Act), which describes the utilities that serve the Auburn area and includes policies for their provision. Also, the city actively engages in planning for public facilities. A new Comprehensive Water Plan and new Comprehensive Sewer Plan were adopted by the City in 2009 A Page 12 of 16 DI.D Page 187 of 293 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT new Comprehensive Drainage Plan was adopted in 2009 A new six year Capital Facilities Plan was adopted in 2012 (2013-2018). These plans ensure that utility impacts are adequately monitored and evaluated on a project level and city-wide basis. C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. OWNER/AGENT SIGNATURE: Elizabeth Chamberlain DATE SUBMITTED: August 1. 2013 Page 13 of 16 DI.D Page 188 of 293 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS Do not use this sheet for project actions.) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment When answering these questions, be aware of the extent of the proposal, or the types of activities likely to result from the proposal that would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? The proposed code amendments to Title 18, Zoning, and Title 5, Business Licenses and Regulations, should have a minimal change in discharging to water, emissions to air, production, storage, or release of toxic or hazardous substances or the production of noise. While the proposed code amendment could apply to undeveloped property, the City's stormwater design manual addresses stormwater discharges and the City has other regulations addressing emissions to air and hazardous substances. Proposed measures to avoid or reduce such increases are: The City of Auburn Comprehensive Plan contains provisions to reduce increases or emissions caused by new development. Emphasis in the Comprehensive Plan on reducing the reliance on the automobile for transportation should reduce the amount of emissions to the air Policies in the Environment Chapter also provide guidance in the review of development proposals to encourage native vegetation. This should support wildlife habitat areas, particularly near streams, as the policies assist the City in addressing adverse impacts to water quality and wildlife habitat from runoff since native plantings may require less pesticide use. An environmental review of all non-exempt (from SEPA) development will be conducted to evaluate and mitigate impacts related to discharges, emissions, and the release of toxic substances. Evaluation of the site specific proposals will be based on the policies of the Comprehensive Plan and appropriate mitigation will take place on a case by case basis. City development standards including but not limited to the critical areas ordinance, shoreline master program regulations, and the Design and Construction Manuals, also provide additional protection for these types of impacts. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? The proposal is not likely affect plants, animals, fish, or marine life. However, as noted below, the City has development standards to provide protection for these types of impacts. Proposed measures to protect or conserve plants,animals,fish, or marine life are: Generally, the adopted Auburn Comprehensive Plan and critical areas ordinance seek to protect and conserve plants, animals, fish, and marine life. An environmental review under SEPA of all non-exempt development is conducted to measure impacts. Evaluation based Page 14 of 16 DI.D Page 189 of 293 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT on the policies of the Auburn Comprehensive Plan and appropriate mitigation will take place on a case-by-case basis. Policies within the Environment Chapter also provide guidance in the review of development proposals to encourage native vegetation be used and/or retained. This should support wildlife habitat areas, particularly near streams as the policies assist the city in addressing adverse runoff impacts to water quality and wildlife habitat since native plantings may require less pesticide use. City development standards including but not limited to the critical areas ordinance and the shoreline master program regulations also provide additional protection for these types of impacts. 3. How would the proposal be likely to deplete energy or natural resources? Future development will use natural gas and electricity and could result in increased automobile uses. However, there does not appear to be any significant adverse increases in the use of energy of natural resources resulting from the amendments being proposed to the existing comprehensive plan over what might occur under existing plan designations. Proposed measures to protect or conserve energy and natural resources are: None specifically, as this is a non-project action. However, in addition to the provisions of the Auburn Energy Management Plan (adopted in 1986), which encourages energy conservation in public buildings, street lighting, and recycling, the comprehensive plan places an emphasis on providing for alternative methods of travel to the automobile such as transit, walking, and biking. An environmental review under SEPA of all significant development will be conducted to measure the project impacts. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? Taken as a whole, there should not be any change in impacts from existing regulations on environmentally sensitive areas or areas designated for government protection. Regulations are in place to protect environmentally sensitive areas regardless of the use of the land or these proposed code amendments. Proposed measures to protect such resources or to avoid or reduce impacts are: The comprehensive plan and, in particular, the critical areas ordinance, seek to protect environmentally sensitive areas (wetlands, streams, geologically hazard areas, floodplain, wildlife habitat, and aquifer recharge areas) and to reduce the impacts of development on them. The Auburn Comprehensive Plan provides for the implementation of innovative land management techniques to protect these resources. An environmental review under SEPA for all non-exempt development will be conducted to evaluate impacts. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Page 15 of 16 DI.D Page 190 of 293 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT Amendments can only be approved if it can be assured that future development is consistent with the Comprehensive Plan and its policies and related regulations. Those proposals that are not consistent with the comprehensive plan policies or other existing plans will not be approved. Proposed measures to avoid or reduce shoreline and land use impacts are: The comprehensive plan, critical areas ordinance, and other development regulations, such as the zoning ordinance and shoreline master program, seek to protect these land and shoreline resources and to reduce the effects of development on them. An environmental review under SEPA of all development that is non-exempt will also be conducted to evaluate a proposal's land use and environmental impacts. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? The proposed amendment could lead towards development that may increase demands on public services, the transportation network, and utilities. The City has adopted a traffic impact fee structure to address impacts to the transportation network. Proposed measures to reduce or respond to such demand(s) are: The Auburn Comprehensive Plan presently incorporates the 2013-2018 Capital Facilities Plan updated, which seeks to maintain a sufficient level of service for public services as development occurs. Also, the city actively engages in planning for public facilities. The Comprehensive Water Plan and Comprehensive Sewer Plan updates were adopted by the city in 2009 The Comprehensive Drainage Plan update was also adopted in 2009. The Comprehensive Transportation Plan was adopted in 2005 with updates during the 2006 and 2009 Comprehensive Plan amendment cycles. These plans help ensure that utility impacts are adequately monitored and evaluated on a project level and city-wide basis. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The proposal does not appear to present any conflict with local, state, or federal laws or requirements. Page 16 of 16 DI.D Page 191 of 293 Exhibit 6 ZOA13-0003 CITY Or AD-BuRN Peter B. Lewis, Mayor WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000 MEMORANDUM * TO' Interested Parties FROM: Elizabeth Chamberlain AICP, Planning Manager iPlanningandDevelopmentDepartment DATE: August 5, 2013 RE: Notice of Revised Determination of Non-Significance for the Amendment to Auburn City Code Title 18, Zoning Code, and Title 5, Business Licenses and Regulations. Current File Nos. ZOA13-0003 and SEP13-0013 Please find enclosed a copy of the proposed determination of non-significance in accordance with 197-11-340(2) for the above referenced project. Also included are the following: 1 Revised Environmental Checklist 2. Proposed Code Amendment to Auburn City Code, Title 18, Zoning, and Title 5, Business Licenses and Regulations. If you have any questions regarding this process or would like to receive additional documentation on the proposed amendments, please contact Elizabeth Chamberlain AICP, Planning Manager at echamberlainC@auburnwa.pov or at 253-931-3092. I I AUBURN * tvAORL THAN YOU INIAGINIT)DI.D Page 192 of 293 CITY Or AD-BuRN Peter B. Lewis, Mayor WAS I- I NGTON 25 Wost MaIn Stroot * Auburn WA 98001-4998 * WWW.uuburnwa.gov * 253.931-3000 Revised Determination of Non-Significance SEP13-0013 and ZOA13-0003 Description of Proposal: Amendments to Title 18, Zoning, and Title 5, Business Licenses and Regulations, related to student/rental housing. The City was taking these amendments in two phases and issued and DNS on June 3, 2013 for Phase I which proposed to amend the definition of family After further review, the City determined that breaking the code amendments into phases did not work and are moving forward with the proposed code amendments as one phase. Proponent: Elizabeth Chamberlain AICP, Planning Services Manager City of Auburn Planning and Development Department Location: City wide Lead Agency: City of Auburn The lead agency for this proposal has determined that it does not have probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C 030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency This information is available to the public on request. This DNS is issued under 197-11-340(2); the lead agency will not act on this proposal for 14 days from the date issued below Comments must be submitted by 5.00 p.m. on August 19, 2013. Any person aggrieved of the City's determination may file an appeal with the Auburn City Clerk within 14 days of the close of the comment period, or by 5:00 p.m. on September 3, 2013. Responsible Official: Jeff Tate Position/Title. Interim Planning and Development Director Address: 25 West Main Street Auburn, Washington 98001 253-931-3090 Date Issued: August 5, 2013 Signature: i Note: This determination does not constitute approval of the proposal. Approval of the proposal can only be made by the legislative or administrative body vested with that authority. The proposal will be required to meet all applicable regulations. I AuBu[N x: MOM : THAN YOU IMAGINEDDI.D Page 193 of 293 Exhibit 7 ZOA13-0003 From: Jeff Tate To: Elizabeth Chamberlain Subject: FW Follow Up Item From May 21st Community Meetmg at Green River Community College Date: Monday,June 17,2013 12:47:32 PM From: Robert Kent DeWitt [mailto:kent.dewitt@gmall.com] Sent: Monday, June 17, 2013 11:11 AM To: Jeff Tate Subject: Re: Follow Up Item From May 21st Community Meeting at Green River Community College Good morning Mr. Tate, Sorry for not get this done earlier. A little about me first: I am Robert Kent DeWitt, retired fire chief and former Asst. State Fire Marshal. I have a Bachelors degree in Fire Command Administration but, more importantly, I have an AA degree in Real Estate, which gives me some perspective on the issues related to residential real estate here in my community. I have a home in the Rainier Ridge development on Leah Hill. I purchased it about 10 years ago, close to GRCC so my daughter could attend. I started renting rooms out to other students while she was here so that she wouldn't be alone if I was off traveling (which I do a lot of as I am retired). I have continued to rent rooms to students because I am gone more than I am here and it keeps the home occupied, which protects my property rather than being vacant and uninsurable. I have had many international students over the years....some from Hong Kong, mainland China, Taiwan, Viet Nam, Indonesia, Korea, California (?), and a few others that I can't recall at the moment. My house is a 4 bedroom rambler and I usually rent two rooms but have rented all of them on occasion, depending on my plans for being here or not. I have also had ongoing maid service to clean common areas as the students aren't big on cleaning other's messes. My yard is professionally maintained as well. This protects my investment and keeps the neighbors happy too. I am familiar with various codes and have even been responsible for certain programs like weed abatement requirements for maintenance of residential property. I am also aware of building codes and requirements for habitable spaces. Both of these areas are generally already in existing codes enforced by cities. As a foreign traveler, I have visited over 23 countries around the world, many of them 3rd world. Many cultures do not share the luxury of having a private bedroom for each person. In my experience, the norm would be a shared room, sometimes entire families sharing one sleeping room. I certainly do not advocate that but it is important to note what is relevant to others. DI.D Page 194 of 293 I recently attended an informational meeting at GRCC where issues of concern to neighbors were discussed. Some of my neighbors seemed upset and, perhaps a little racist, as to their concerns about students living in their midst. They talked about cars being parked and about speeding cars as well. The few times I have seen speeders here, they were not students but others who live here. I was almost hit once when I pulled onto 318th Way from 126th by a car doing about 40. I made a hand signal for him to slow down and he came racing back to ask what I was complaining about. I told him the speed limit was 25 and he insisted it was 35 though he was doing about 40+. I digress! I think that as a responsible homeowner (landlord?) living here that I have the right to rent out individual rooms to students. I am filling part of a huge need for housing. The neighborhood is evolving as it does in every other college neighborhood. There are already sufficient rules and codes dealing with yard maintenance (nuisance abatement), garages being converted to living space (building code and fire codes), on street parking, speeding, etc. We DO NOT need more rules,just enforcement of those already in existence. The tricky part of the issue is probably in the area of number of occupants to occupy a bedroom. For the sake of my property, I usually limit one person to each of the regular bedrooms. However, I have in the past rented a room to a student with a baby, who shared the same bedroom. I have also rented out the master bedroom to a couple (married but what difference?). In this day and age of marriage for same sex couples and for same sex couples to live together as a couple, how in the world do you expect to regulate that and why would you want to? From a truly pragmatic point of view, I think it is the home owner who should decide how many people he rents his property to, not the government. Government can and should regulate that the property be maintained in a clean and safe manner. As a homeowner, I know that the wear and tear on a property is significantly increased when the number of people in residence increases. But that is my problem, not the city's problem. So regulate and enforce rules about smoke detectors, emergency lights, yard maintenance, parking regulations (don't block driveways, etc.). But we do not need government telling us how many people can be in our homes. Common sense and economic conditions will dictate this. If my neighbors are truly concerned, then they should realize that their properties' value is determined by their highest and best use, and that that use is changing. GRCC is growing as is the entire world. Things have changed in this neighborhood and given the proximity to GRCC, it is going to become more reliant on the availability as a student housing option. The campus apartments currently charge about $700 per student to live in a 4 bedroom apartment. My home is only a couple blocks away and 1 charge $550. Theoretically I could bring in $2,200 per month if I didn't maintain space for myself. That leaves a lot of room for maintenance and management as well as potential profit. There are waiting lists for the apartments and I have never had problems with renting out rooms, usually renting to kids who are friends of the ones who are graduating and moving on. Homes such as mine are necessary for the college to function as an international school. As an added note, 1 declare the income I receive by renting out rooms. Someone at the school once told me that there was an IRS ruling that said 1 didn't have to claim it as income. That didn't seem to make sense so I continue to claim on my taxes. If others are not, then perhaps there is a need to evaluate this "exclusion" as a means of controlling the potential growth of DI.D Page 195 of 293 rentals here in this neighborhood. But if my neighbors think that they can regulate room rentals out of existence, then they should rethink their goals and realize that the economics of it will dictate that this is no longer a simple neighborhood that will remain a cluster of families living in isolation. The best use of the homes in this neighborhood is for auxiliary student housing and that will be the future. Investors are going to buy our homes, not young families. The values will be higher as a result and that should bode well for the existing owners too. I am sorry that I can not be there on the 18th. I will be visiting friends in Port Angeles and then spending a few days in Oregon. However, I am willing to attend future meetings to answer any questions you may have of me (subject to in travels of course) and you may also feel free to call me at as well on my cell phone: I would prefer to not publish my phone number in case my thoughts might provo a of ers to harass me though I would gladly defend my opinions publicly at any time. Thank you for the opportunity to be considered on this issue. Robert Kent DeWitt On Tue, Jun 4, 2013 at 11.24 AM, Jeff Tate <italenauburnwa.gov> wrote: Mr. Dewitt, I apologize that the scheduling change creates a conflict. Written comments would be very helpful. Perhaps we can schedule a phone call as well so that we can go over your comments in advance of the June 18th meeting? That way, I can do the best job I can to present them to the Planning Commission. Additionally, this first action is limited to revising the definition of family so that we don't have a gap in our code that allows up to 8 non-family members to live together as a single housekeeping unit. Removing this language will help code enforcement take action on properties that are loaded with renters who have no relation to each other I hope that you see this as a good first step for the City to take while we discuss the next steps/actions. I would be happy to make myself available for a phone call in the next two weeks, however I think it would be most productive if you prepared your comments first so that I have a chance to read them and we can have a little deeper conversation about how to get you plugged in and to make sure you are able to influence the process. Jeff Tate From: Robert Kent DeWitt [mailto:kent dewitt(Ft)gmaii.com] Sent: Tuesday, June 04, 2013 8:47 AM To: Jeff Tate Subject: Re: Follow Up Item From May 21st Community Meeting at Green River Community College Jeff, I am disappointed that the meeting was changed. I had planned to be there tonight but will be in Port Angeles on the 18th. I will try to put some of my concerns in writing and DI.D Page 196 of 293 email to you before then if they can be presented to the hearing. On Jun 4, 2013 8:20 AM, "Jeff Tate" <jtate(c7auburnwa.govv> wrote: Good morning Lea Hill residents, 1 wanted to provide an update to one of the subjects that we discussed on May 21St. During the meeting 1 stated that the City's Planning Commission would be holding a public hearing on June 4th to consider an amendment to City code which effects the number of non-family members that can occupy a single home. I mentioned this item because it has an impact on the authorities we have for addressing issues that spring up with some of the rental houses throughout town. Modifying the definition of family would be the first item in a series of potential code changes that works towards creating a more definable and manageable rental housing program. The purpose of this email is to inform those who are interested in this subject that tonight's meeting has been rescheduled to the evening of Tuesday, June 18th at 6.30 pm. There were several other items on the agenda that are also rescheduled to June 18th I apologize for any inconvenience that this may create and hope that this email reaches you before you make the trip to City Hall. Jeff Tate Interim Director of Planning and Development The information contained in this electronic communication is personal, privileged and/or confidential information intended only for the use of the individual(s) or entity(ies) to which it has been addressed. If you read this communication and are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication, other than delivery to the intended recipient is strictly prohibited. If you have received this communication in error, please immediately notify the sender by reply e-mail. Thank you. The information contained in this electronic communication is personal, privileged and/or confidential information intended only for the use of the individual(s) or entity(ies) to which it has been addressed. If you read this communication and are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication, other than delivery to the intended recipient is strictly prohibited. If you have received this communication in error, please immediately notify the sender by reply e-mail. Thank you. DI.D Page 197 of 293 R. Kent DeWitt kent.dovittngmail.com DI.D Page 198 of 293 Elizabeth Chamberlain From: Stacey Griffin (253) 394-3991 [forsalebystacey @yahoo.coml Sent: Saturday, August 03, 2013 6:10 PM To: Elizabeth Chamberlain Subject: Citizen Comment to the PCDC-August 12, 2013 Dear Elizabeth, I am not able to attend the meeting on August 12, but, would like my opinion heard. I live in Rainier Ridge at 31812 125th PL SE, Auburn. It has come to my attention that the zoning codes for my area are in consideration for change. I bought my home 14 years ago with the intention of living in a community of other single family homes with the knowledge that some rentals would be in the neighborhood. I am completely against the zone codes being modified so that rooming and boarding houses would be legal in my neighborhood. The fact that it is happening illegally already is bad enough, let's not make it worse. I find that home owners typically have a better love for their house and therefore take better care. In turn that keeps the neighborhood looking nice and the values higher than if the neighborhood was filled will boarding houses of people who do not have the same love for the home. Being a Realtor I have seen more than the average person in regards to housing and therefore have a strong opinion in this matter. If boarding/rooming houses are in need let's build some more student housing and leave the existing neighborhoods alone. Enforcement of the current code would also be appreciated to prevent further illegal activity from continuing. Kindly include my email in your discussion and consideration. Best Regards, Stacey Griffin Broker RE/MAX Choice Executives Cell: 253.394.3991 Office: 25J.220.0858 Pax: 866.601.3274 Web- httn://staceN,cLriffin.remaxaoent.com By the way, I'm never too busy for any of your referrals! i DI.D Page 199 of 293 Elizabeth Chamberlain From: Hank Galmish [HGalmish@greenriver.edu] Sent: Sunday, August 04, 2013 9:19 PM To: Elizabeth Chamberlain Subject: FW: Keep the Integrity of our Neighborhood Dear Ms. Chamberlain, I had this email sent back so I am forwarding it. Hank Galmish From: HENRY GALMISH [hpgalmish @msn.com] Sent: Sunday, August 04, 2013 8:08 PM To: Hank Galmish Subject: FW Keep the Integrity of our Neighborhood From: hpgalmish @msn.com To: echamberlain @auburnwa.gov Subject: Keep the Integrity of our Neighborhood Date: Mon, 5 Aug 2013 03:06.29 +0000 Dear Elizabeth, I know that the City of Auburn is considering changing the zoning codes in the neighborhood adjacent to Green River Community College. I am an English professor at Green River Community College, and I live in the Ranier Ridge subdivision at 12443 SE 318th Way I have lived at this location for over twelves years and over the years have watched as people have bought houses in the area not to live in , but to carve up, cutting up garages and even living rooms without permits, and changing their houses into Boarding Rooming Houses. These are currently illegal by the code we live under And now it appears that the city wants to change the zone to accomodate these illegal conversions. One of these conversions is right next to me, and I can attest that no family lives there. In fact, at times there have been eight students living there. The house has been allowed to run down, cars have been parked on the lawn, trash is left out for days, there has been little, if any, repair done on the structure, and rats have been found on the property who have migrated onto my property I maintain my home and find it offensive that the city is willing to support people who do not live in the area who are going to make a quick buck at the expense of the neighborhood. I know my neighbors and I love living in a neighborhood designed for families. I am aware that a couple of my neighbors have filed complaints to the Planning/Code Enforcement Office of Auburn about these conversions, only to learn that one of the long term code enforcers of Auburn is doing the same type of illegal conversions in houses close to the college. Those who have complained have been visited by code enforcers and have been cited for seeming "irregularities" on their property It is appalling that those with the authority to enforce the law are not only violating the laws themselves, but are also using their office and power to stiffle legitimate complaints. This is a country of laws and not coercion. This problem has also been pointed out to city officials. And now the city is exploring possibilities of allowing Boarding Houses in our single family neighborhood. I am totally against this possible change. The college needs to build more dorms if it cannot handle the international students that it is recruiting, instead of creating a serious problem for the neighborhood that is affecting both the quality and the safety of our home and our families. Of course, it is also affecting the economic values of 1 DI.D Page 200 of 293 our homes. I supported being annexed to Auburn because I thought we as a community would be more protected by our elected representatives. I expect you to take that responsibility seriously I want this email to be officially included in your formal discussions and for your thoughtful consideration. Sincerely, Hank Galmish 12443 SE 318th Way Auburn, WA 98092 253-939-4943 2 DI.D Page 201 of 293 Elizabeth Chamberlain From: thesurecure @netzero.net Sent: Tuesday,August 06, 2013 11 44 AM To: Elizabeth Chamberlain Subject: Citizen Comment to the PCDC-August 12, 2013 Hello, We have lived at 12817 SE 318th Way for 5 years. We could rent an apartment for much cheaper than we pay to live here; but we choose to live here because we want to live in a peaceful neighborhood of single family homes. Please do not change the zoning codes; we implore you to enforce the code as it now exists. If this turns into a neighborhood of rooming houses, we will probably move. Thank you for letting us express our concerns. Jonathan and Julie Hord i DI.D Page 202 of 293 i Pertaining to the Issues of Illegal Rooming Houses in Neighborhoods Surroundin 4000 9 40 Nancy Welch and Jeff Tate, Living close to the Green River Community College our neighborhood has been targeter 6y 6rupu- IOUS individuals that have been running illegal rooming houses. To be clear, the motive is pro ift'and to that end many have resorted to increased occupancy by converting existing garages into hidden bed- rooms and living spaces. These conversions have been done with no permit, no inspection and by unlicensed persons doing substandard work and questionable electrical hookups. It can be assumed that appropriate insulation of the spaces and venting of water heaters have not been addressed accord- ing to code. The fact that the interior conversions are sitting behind non-operable garage doors is a code violation in itself.i Initially I and others have gone to the persons working in the GRCC program serving international stu- dents to try to enlist their help in protecting their students who are being taken advantage of, but they have stated that they have no control on where students live if they are not housed in their own campus apartment village. These very issues have been mentioned directly by me to other officials of the col- lege including the President, Eileen Ely and no action has been taken. I have spoken openly in city sponsored and college sponsored meetings of our concerns for the students'well being as well as this assault on the integrity of our neighborhood with little if any response from the college. The only response of real significance occurred just this Spring when the office seeing to the housing options for international students has removed the option of the HomeShare program from their avail- able choices. Cyndi Rapier has personally related to me that they no longer support or will refer stu- dents to houses for obtaining living arrangements. The HomeStay program where students live with a local family and the Campus Corner Apartments are now the only options listed. In late summer of 2010, getting no help or concern from the college community I filed a formal com- plaint against three of these houses with the City of Auburn. I stated that they were being run as room- ing or boarding houses (illegal in R-5 zoning) and also stated that non-permitted and un-inspected con- versions had been made in the garages for living spaces and could be a danger to the people living in them. Several days after making this complaint two code enforcement officers showed up at my house saying they had a complaint against the property. I mentioned that I had made a complaint against three other properties. Professing that they must have written down my address by accident (were they unfamiliar with the complaint form format?, did they not have a copy of the complaint form with them as part of an open file?) one of the officers said he noted that I had a couple of unregistered mini-trucks in my drive- way that appeared to be not drivable. The other one said "Perhaps you should make sure your own house is in order before complaining about your neighbors." I remember laughing at the time and saying "OK, I get it." I later received a citation and was given 21 days to correct the situation.After the bulk of that time had gone by, I contacted the officer, Donald Hill and explained that I was having difficulty finding a buyer for my vintage (45 year old) pickups and needed some more time. He expressed passing concern giving me slightly longer but said that he would be forced to see me cited with daily fines if I did not comply within his stated time frame. I later sold my trucks for about a third of their value and the violation was closed. But what you may wonder happened to the properties that I had included in my complaint? NOTHING! I DI.D Page 203 of 293 Reading the reports in the recently obtained records I find out that the whole of the investigation of these properties was to drive by and look for a violation.Apparently their X-ray vision googles were out of batteries or in the shop for repair as they were not able to see the bedrooms hidden behind garages doors. After they completed several more drive by inspections the cases were closed. Before this occurred I also emailed a photograph I took one evening of one of the houses while standing in a public space sidewalk)that revealed normal living furniture and lamps through the window at the side of the garage. The reply I received from code enforcement was dismissive and they stated that they were concerned that I had violated someone's civil rights and had forwarded the photo on to the police department. The Records of the Three Cases (plus One Recent One): Please remember when reading these cases that the original complaint was specifically about rooming house activity and illegal interior construction. V1010-0637 12401 SE 318th Way, Auburn 98092 A drive by inspection was done. Donald Hill notes he could not see any violation from the outside.At the request of Rick Hopkins, he and CJ (Chuck Joiner?) repeated the drive by inspection a week later and again noted no violation. Donald Hill also reports that he spoke with the complainant(me) and that I confirmed that the"viola- tions appear to have ceased." This is LIE! No conversation ever occurred between Hill and myself concerning my complaint. My only contact with him was concerning my citation for my non-running trucks. The case was opened on 9/16/2010 and closed on 9/22/2010 See Attachment 1 By the way, there is no business license associated with this address. I I VIO10-0652 (2010) 12625 SE 317th St, Auburn 98092 Donald Hill reports he made a site inspection and saw no signs of violation. No inspection report is in- cluded in the file on this action, so we must assume that he looked at the building strictly from the out- side. He also reports that he returned to discuss the complaint with me and that I reported that the"violations appear to have ceased." This is LIE! No conversation ever occurred between Hill and myself where I denied that the rooming house activity or the possible garage living spaces had disappeared. The case was opened on 9116/2010 and closed on 9/22/2010. See Attachment 2. IDI.D Page 204 of 293 The owners of this particular property are frequent advertisers by posted flyer with pull tabs see Attachments 3 and 4). If there is any doubt that this is a rooming house please review a copy of the rental agreement sent just within the last week to a prospective renter. Note the wording, "Landlord rents one private room to Ten- ant, and Tenant rents one private room from Landlord for residential purposes only." Also note else- where that some rooms are rented as singles, others as doubles and some may even have three occu- pants. "Occupancy by no more than two adult[sic] for single room or three adult [sic]for shared room." See Attachment 5- four pages) By the way, there is no business license associated with this address. VI010-0773 (2010) 12437 SE 318th Way,Auburn 98092 This case lasted longer than the others. The initial response was just like the others (drive by inspec- tions) and then the record notes the photographs I sent in which actually did spark some additional in- terest and record checking, ending in a call to the owner(Kevin Bauer). He admitted that there were living spaces behind the garage door (but denied they were bedrooms). He stated the house was rented to a single family, a point that is vehemently disputed by his next door neighbor, Hank Galmish, who had to deal with a number of problems with loud, rude, and messy stu- dents living there. Informed of the need for a business license and the need for permit and inspection of the additions, Kevin Bauer applied for his business license (BUS 27548) and filed for an alteration building permit ALT10-0339) and so the case was CLOSED (See Attachments 6, 7, and 8) What happened? NOTHING! Once the case was closed the progress on the alteration permit ceased and was thereafter ignored by the property owner The last communication between the city and Kevin Bauer is a letter from Jeff Tate dated January 11 2011 (See Attachment 9). Kevin Bauer has continued to renew his business license for both his home and the house in Rainier Ridge (the alleged illegal rooming house). The Bauers appear to surpass the legal allowable level of subleases at their own home housing as many as four students at a time (See <http'//www n-seiryo ac ip/—nonaka/sap/111050/epage01 htm>). However, he has failed to inform the city that he now owns and rents out many more additional proper- ties in Auburn. His real estate holdings also include: 18121 ST NE Meadow Brooke Estates Auburn, WA 98002 (a 4 Plex) Parcel Number 540900-0020 1011 18TH ST NE Meadow Brooke Estates Auburn, WA 98002 (a 4 Plex) Parcel Number 540900-0090 11114 SE 320TH ST* Placed in R-5 zoning code Auburn, WA 98092 (a mobile home) Parcel Number 082105-9046 DI.D Page 205 of 293 this last property is another suspected rooming house close to GRCC I believe his actions in not reporting his additional rental properties represents a "misrepresentation of the facts" as is stated legally as a reason for losing a business license in Auburn. Kevin Bauer has been a person uniquely positioned to take advantage of the international student population for his own personal gain. For years he was listed as a member of the Contact Advisory Board for the International Program at GRCC. See: httos'//www greenriver edu/international/hostoost/spring2012 issue019 hhn from March of last year). I realize that this is hearsay but in a recent conversation with a neighbor it was reported that Bauer had told him how lucrative it could be, renting to students. That he too should get a house and do it. The comment was that if you were not banking $2000 a month pure profit than you were not doing it right. V1013-0082 12620 SE 317th St,Auburn 98092 Lastly, I would like to include a case that has come up just recently. In trying to raise awareness of our problems I have hosted both Deputy-Mayor Nancy Backus and Jeff Tate for walks around parts of Rain- ier Ridge to show them our neighborhood and point out some of these properties that are being used illegally. When Nancy Backus came we looked through the two added side windows of a garage to ob-serve two carpeted bedrooms all hidden behind a non-functional garage door.This house was in fore- closure and unoccupied at the time. Because of her own report a new violation case was opened. The violation was posted on February 19 of this year. The house was almost immediately sold AS-IS and the violation was then the responsibility of the new owners. Plenty of work has been done on the house, replacing much of the flooring with wood, outside upkeep and maintenance has been done and now the exterior is being painted. However NOTHING has ap- parently been done with the garage rooms. There are reported to be five students living in the house. j The current homeowner has made some moves to address the matter and, in fact, filed for an inspec- tion on April 12th (See Attachment 10). This inspection request, for some unknown reason was not j logged into the case file until July 30th and on that same day Jason Arbogast CLOSED THE CASE. No inspection has been done, no renovation or demolition occurred and the rooms as observed and cited in the original Violation presumable still exist. It was only because of my own Intervention that this came to light and the case has been reopened by Jeff Tate (see Attachment 11) What questions does this all raise and what would I like to see done at this point? 1. Please reopen all the older cases cited above (VIO10-0637, V1010-0652, V1010-0773) and take a serious look at the houses, accommodations, physical use as might indicate piecemeal rentals being done to individuals not a single rental as is allowed by code.A simple request to ask the inhabitants to lift the garage door and the resultant excuses as to why that is not possible could reveal much. If this can't be done then I will come in and make out a new complaint for the same reasons as I stated three years ago. DI.D Page 206 of 293 2. Why is there such variability and vagarity in application and time periods given for compliance to a violation? I was given 21 days to take care of my trucks(with one small extension). The violation (VI013-0082) posted on the house viewed by Deputy Mayor Backus stated that there was only 14 days for compliance but currently 6 months has passed without resolution or any real plans being discussed. Not even the requested inspection originally logged in on April 12th had been done. When the code enforcement officer, Mr.Arbogast, actually logged in the request for inspection on July 30th he also then CLOSED THE CASE, WHY? The violation posted for Mr. Bauer's house was closed when he applied for a permit that he then never bothered to pursue. It is now nearly three years since that violation was initially filed and there has been no follow-up of any kind on the alteration permit. 3. Please recognize that these cases openly flaunted the zoning codes and have occurred without any effort at correction by the City (even when specifically requested). It appears to be well known that this is a situation others can exploit because we are now seeing even more of it. One of the city's own code enforcement officers is engaged in such ownership/activity Why would it be appropriate to now suggest finding ways to make this currently prohibited use of property legal?The traffic system corol- lary would be to note that no one bothers to stop or obey a particular traffic signal, so the answer is to take it down. 4. Serious attention has to be paid to the training and knowledge of the code enforcement officers in Auburn. They either do not understand their jobs, or are too free to exercise the power of their posi- tions. Why are cases arbitrarily CLOSED when nothing has been resolved? I would have to say that my contacts with them have been nothing but punitive, insulting and aimed at ensuring that I do not speak out or ask for laws to be followed. Please protect our neighborhood and our property values, please follow the existing zoning code re- strictions and close these illegal rooming houses! R ss Campbell Rainier Ridge resident copies: Nancy Backus PCDC Committee PCDC Commission Robert Whale,Auburn Reporter Katherine Long, Seattle Times DI.D Page 207 of 293 Case Details Case Number VIO10-0637 As of 7/9/2013 BLDG/CODE VIOLATION/NO PERMITS Case Name Opened 9!16/2010 DH Illegal interior conslrustion Closed 9122/2010 DH Officer Status Lost Action 9127/2010 DH Donald Hill CLOSED Follow Up 91278010 DH Site Address City,State Zip Site APN 12401 SE 318TH WAY AUBURN,WA 98092 7137901030 Description ADDITIONAL SITES APN Address No Additionn)Sites CHRONOLOGY ACTIONS TYPE OF ACTION ACTION DATE COMPLETION DAT ACTION BY RE-INSPEC'T'ION 987/2010 9/27/2010 Donald hill 98912010 3:50:59 PM DH)Action Created 9298010 3:51 PM DH) At the request of Rick Hopkins,Cl and 1 drove by each of the complaint properties in the area to cheek for any evidence of violation. No new evidence was i apparent. FOLLOW-UP 922/2010 9/22/2010 Donald Hill 920/2010 8:49:33 AM DH)Action Created 9/22/2010 4:35 PM DH) 1 spoke with the complainant and he confirmed the violations appear to have ceased at this time. Case will be closed. INSPECTION 9/22/2010 9/22/2010 Donald Hill 9/2212010 4:35'37 Pb[DH)Action Created I 9/2212010 4:35 PM DH) Inspection shored no signs of violation CASE CLOSED 9/22/2010 9/222010 Donald hill 9/22/2010 4:36:06 PM DH)Action Created INSPECTION 9/17/2010 9/17/2010 Donald hill 92012010 849.33 AM DI l)Action Created 9202010 8:50 AM DH) Drive by inspection shored no outside evidence of violation CASE OPENED 9/16/20;0 9/20/2010 Donald Hill 92(/2010 8:49:33 AM DH)Action Created 9202010 8:56 AM DH) Complaint at counter of multiple boarding houses with illegal interior construction, Email from complainant with description and violations suspected. CONTACTS CONTACTTYPE NANIE ADDRESS CITY STATE.'LIP PHONE FAX EMAIL li Case_Details for:V1010-0637 Page I of 2 CRWS YSTE1vI SDI.D Page 208 of 293 Case Details Case Number VI010-0652 As of 7/9/2013 Sub BCDG/CODE VIOLATION/NO PERMITS Case Name Opened 9/2212010 DH Illegal interior construction Closed 9/22/2010 DH Officer Status Lost Action 9/2212010 DH Donald Hill CLOSED Follow Up 9/22/2010 DH Site Address City,State Zip Site APN 12625 SE 317TH ST AUBURN,WA 98092 7137900540 Description ADDITIONAL SITES APN Address No Additional Sites CHRONOLOGY ACTIONS TYPE OF ACTION ACTION DATE COMPLETION DAT ACTION BY INSPECTION 9/22/2010 9222010 Donald Hill 922/2010 4:16:41 PM DH)Action Created 9222010 4.16 PM DH) Site inspection shoved no signs of violation. 927/2010 4 31 PM DID I will discuss conditions with complainant. FOLLOW-UP 9/22/2010 9/22/2010 Donald Hill 92 2/2 01 0 4:31-17 PM DH)Action Created 9222010 4:31 PM DH) Conversation svilh complainant confirmed the violations appear to have ceased. Case closed at this lime. CASECLOSED 9/222010 922/2010 Donald I fill 922/2010 4:325!PM DI I)Action Created CASE OPENED 9/162010 9/16/2010 j Donald Hill 9/22J2010 4:16-18 PM DH)Action Created i 9/22/2010 4:16 PM DH) Complaint at coroner of multiple boarding houses in neighborhood with illegal interior construction. Email from complainant with addresses and decription of violations suspected CONTACTS CONTACT TYPE NAME ADDRESS CITY STATE.ZIP PHONE FAX EMAIL OWNER LIU RI IIUI+RUN YING WU 12625 SE 317TH S AUBURN WA 98092 FEES DESCRIPTION OF FEE DATE PAID QUANTITY ANIOUNT PAID BY PAY METHOD ACCOUNT Case Details for:VIOIO-0652 Page I oft ClMSY.S7CMSDI.D Page 209 of 293 S cli tt N: t k Yt?xAYx Y el T in fSEE1 SoI aw y `? # ILIA ` t )# I )EY Y tn ( m ya } 6m.,1t >i IS yiE % Itat ytip f! 1YVjJt? aC 3 • ` J`i . { +,3as y WT3 f,j k lq ml tt zl ( frY f '. ! - i % k- fJ ' 1 yki rv _ t DI.D Page 210 of 293 D m 0 < 0 0 = 0 uvz— ol-/-- goz ID E3 0 ,; Z-,! ug, x, ji w U) cy, to OL) nAk BUUV Or m 0 con D s m2 nAk BUUV CD SL f. qv PR g. LLP CL CL — Aq M R D qg 0" . ETVZ- 6LI- 90Z 1< f", x 0 0 0 nm euuv all § 1" 3 . 7i E. 1g, Vo ETVZ- 6LL- 90Z CD w CD M D r nm euuv O, p'r NM- Av, 777, 0 MIPZ- 61- 1-- 90Z vol" T 51 nm euuV Rif" ik Y` If UM' m MtPZ- 6, U- 90r q- 1A ' rK_,, nm euuV W, E' P4Z- 6/-/-- 90Z 41T m nm euuV OFF 1-- IMM 0 DI.D Page 211 of 293 QUARTERLY 3 MONTH RENTAL AGREEMENT I 1. Identification of Landlord and tenant This agreement is entered into between Tenant] and Rihui Liu&Runying Wu [Landlord]. Each Tenant isjointly and severally liable for the payment of rent and performance of all other terms of this Agreement. 2. Identification of Premises Subject to the terms and conditions in this Agreement,Landlord rents one private room to Tenant,and Tenant rents one private room from Landlord for residen0al purposes only. The premises located at 11625 SE 3171^ST.,AUBURN WA 98092 together with full furnishings and appliances. 3. Limits on use and Occupancy The Premises are to be used only as a private residence for Tenants list on the above of this Agreement. Occupancy by no more than two adult for single room or three adult for shared room. 4. Term of the Tenancy The rental will begin on and continue on a quarter to quarter(3 months)basis; ending on Landlord may terminate the tenancy or modify the terms of this Agreement by giving the Tenant 30 days'written notice.Tenant may terminate the tenancy by giving the Landlord 30 days'written notice. 5. Payment of Rent a Regularrent: $500.00 each month,Form of payment of either personal check or cash. b. Payment Option: 1) Tenant pay to Landlord a quarterly rent of total$1500.00,payable on the 1"day of moving in. l 2)Tenant pay to Landlord the Is'month and the 3,d month rent,total$1000.00,payable on the 1 st day of moving in. The 2^d month rent pay in advance on the 1st day of the month. c.Prorated first month's rent: For the period from Tenant's move-In dale, through the end of the month,Tenant will pay to Landlord the prorated monthly rent of$ daily)this amount will be paid on or before the date the Tenant moves in. 6. Late Charges If Tenant fails to pay the rent in full before the end of the 5"(Fifth)day after it's due,Tenant will pay Landlord additional a late charge penalty J25.00 per day,it will be automatically deducted from deposit. 7. Absences Charge a.Short term absences-absences vnthin 30 days 1 Absences within 15 days,still consider the full monthly rent.Tenant will pay to Landlord full monthly rent. 2. Absences more than15 days,Tenant will pay to Landlord by daily.Calculation follows the above terms of Prorated first month's rent's. DI.D Page 212 of 293 QUARTERLY 3 MONTH RENTAL AGREEMENT 2 b. Long term absences—absences more than 30 days,Tenant will pay to Landlord%:(Half)of monthly rent. 8. Returned Check and Other Bank charges If any check offered by Tenant to Landlord in payment of rent or any other amount due under this Agreement is returned for lack of sufficient funds,a'stop payment"or any other reason,Tenant will pay Landlord a returned check charge of the amount of the Bank charge. 9. Security Deposits On signing this Agreement,Tenant will pay to Landlord the sum of$200.00 as a security deposit. Tenant may not,without Landlord's prior written consent,apply this security deposit to the last month's rent or to any other sum due under this Agreement. Within 14 days(2 weeks)after Tenant has vacated the premises,returned keys, and provided Landlord with a forwarding address,Landlord wIl return the deposit in full or give Tenant an itemized written statement of the reasons for,and the dollar amount of, any of the security deposit retained by Landlord,along with a check for any deposit balance. 10. Utilities Landlord will pay all utility charges included,water,garbage,cable wireless internet. Landlord will pay total$350.00 each month for the whole house electric bill For those exceed amount of the month It will be prorated by Tenants who is living in the house. 11. Assignment and Subletting Tenant will not sublet any part of the premises or assign this Agreement without the prior written consent of Landlord. 12, Tenant's Maintenance Responsibilities Tenant will: (1)keep the premises clean,sanitary,and in good condition and,upon termination of the tenancy,return the premises to Landlord in a condition identical to that which existed when Tenant look occupancy,except for ordinary wear and tear; If (2)immediately nobly Landlord of any defects or dangerous conditions in and about the premises of which Tenant becomes aware;and (3)reimburse Landlord,on demand by Landlord,for the cost of any repairs to the premises damaged by Tenant or Tenant's guests or business invitees through misuse or neglect.Tenant has examined the premises,including appliances,fixtures,carpels,drapes,and paint,and has found them to be in good,safe and clean condition and repair,except as noted in the Landlord-Tenant Checklist. 13. Repairs and Alterations by Tenant a. Except as provided by law,or as authonzed by the prior written consent of Landlord,Tenant will not make any repairs or alterations to the premises,including nailing holes in the walls or painting the rental unit. b. Tenant will not,without Landlord's prior written consent,alter,rekey,or install any locks to the premises or install or alter any burglar alarm system. Tenant unit provide Landlord with a key or keys capable of unlocking ail such rekeyed or new locks as well as instructions on how to disarm any altered or new burglar alarm system. 2 - DI.D Page 213 of 293 QUARTERLY 3 MONTH RENTAL AGREEMENT 3 14. Violating Laws and Causing Disturbances Tenant is entitled to quiet enjoyment of the premises. Tenant and guests or invitees vriil not use the premises or adjacent areas in such a way as to:(1)violate any law or ordinance,including laws prohibiting the use,possession,or sale of illegal drugs 2)commit waste(severe properly damage);or(3)create a nuisance by annoying,disturbing,inconveniencing,or interfering with the quiet enjoyment and peace and quiet of any other tenant or nearby resident. Landlord keeps the right to terminate the tenancy and evict if Tenant who receive more than 3 times of complain by another tenants. 15. Pets. NO animal bird or other pet will be kept on the premises even temporarily. 16. Landlord's Right to Access Landlord or Landlord's agents may enter the premises in the event of an emergency,to make repairs or improvements,or to show the premises to prospective buyers or tenants. Landlord may also enter the premises to conduct an annual inspection to check for safety of maintenance problems. Except in case of emergency,Tenant's abandonment of the premises,court order,or where it is impractical to do so,Landlord shall give Tenant 24 hours notice before entering. 17. Extended Absences by tenant Tenant will notify Landlord in advance if Tenant will be away from the premises for 10 or 14days or more consecutive days. During such absence,Landlord may enter the premises at times reasonably necessary to maintain the property and inspect for needed repairs. 18. Possession of the Premises a. Tenant's failure to take possession. If,after signing this Agreement,Tenant fails to take possession of the premises,Tenant unit still be responsible for paying rent and complying with all other terms of this Agreement. b. Landlord's failure fo deliverpossession. If Landlord is unable to deliver possession of the premises to Tenant for any reason not within Landlord's control,including,but not limited to,partial or complete destruction of the premises,Tenant will have the right to terminate this Agreement upon proper notice as required by law. IN such event,Landlord's liability to tenant will be limited to the return of all sums previously paid by Tenant to Landlord. 19. Tenant Rules and Regulations Tenant acknowledges receipt of,and has read a copy of,tenant rules and regulations,which are attached to and incorporated into this Agreement by this reference. (Tenant Rules and Regulations list attached) 20. Payment of Court Costs and Attorney Fees in a Lawsuit In any action or legal proceeding to enforce any part of this Agreement,the prevailing party SHALL NOT recover reasonable attorney fees and court costs. 3 - DI.D Page 214 of 293 QUARTERLY 3 MONTH RENTAL AGREEMENT 4 21. Validity of Each Part If any portion of this Agreement is held to be invalid,its invalidity will not affect the validity or enforceability of any other provision of this Agreement. 22. Grounds for Terminations of Tenancy a. The failure of Tenant or Tenant's guests or invitees to comply with any term of this Agreement,or the misrepresentation of any material fact on Tenant's rental application,is grounds for termination of the tenancy,with appropriate notice to Tenant and procedures as required by law. b. Landlord keeps the fight to terminate the tenancy and evict if Tenant made false statements on a rental application concerning an important fact. c. Landlord keeps the right to terminate the tenancy and evict if Tenant fails to pay the rent. 23. Entire Agreement This document constitutes the entire Agreement between the parties, and no promises or representations,other than those contained here and those implied by law,have been made by Landlord or tenant. Any modifications to this Agreement must be in writing signed by Landlord and Tenant. I 24. Additional Provisions a. Tenant MUST NOT SMOKE inside the house. j b. Party is not allow to be held in the house without Landlord's prior consent. c. Guests or invitees must not allow stay overnight in the house without Landlord's prior consent,any finds$50.00 per night will be charged to Tenant. d. This is quarter to quarter(3 months)agreement basis,if tenant wish to determinate before the end of 3"month or vacate the premises without any advance notice and prior written consent of Landlord,the$200.00 deposit will be forfeited. e. Tenant shall promptly return all keys to Landlord and completely move and vacate the premises in a clean condition and free of any and all damages. If Tenant fails to clean,$50.00 cleaning service fee will be deducted from deposit. Rihuf LIU/Runying WU [Landlord] Date 12625 SE 317TH ST,AUBURN WA 98092 Tenant j Date Phone No. ID No. 4- DI.D Page 215 of 293 7/3/2013 City of Auburn Page 1 Case Activity History CLERKS OFFICE, Case Number VI010-0773 Opened 11/30/2010 DH Case Name Remodel w/out permit Closed 1/202011 DH Type BLDG CODE VIOLATION Last Action 112012011 DH Subtype NO PERMITS Follow Up 1202011 DH Status CLOSED Description: Site Address City State Zip Site APN 12437 SE 318TH WAY AUBURN WA 98092 7137900970 Owner BAUER KEVIN+NOZOMI Resident Address 12437 SE 318TH WAY AUBURN WA 98092 Action Date Completion Date Action Type Action By/ Action Description _ 1/20/2011 120/2011 CASE CLOSED Donald Hill 1/20/20112:40:45 PM DH)Action Created 1/20/20112:41 PM Dlf) Building pennit ALTIO-0339 application filed. Business license BUS 27548 filed. Case closed. 1227/2010 12/27/2010 OTHER Donald Hill 12/27/2010 9:35:13 AM DH)Action Created 12272010 9:35 AM DH) Research found PO applied for a permit ALT10.0339 12/32010 12/32010 RESPONSE RECEIVED Donald Hill 12/10/2010 8:03:06 AM DH)Action Created 12/102010 8:04 AM DH) I spoke with Keven Bauer and explained the concerns. He stated there was only 1 single family living in the house. He did acknowledge that the garage has been converted to rooms,but said they were not bedrooms. He stated that he would be in begining of next week to apply for his business license and building permit 12/1/2010 12/12010 FOLLOW-UP Donald Hill 1711/20 1 0 10:58:23 AM DH)Action Created 12/1/2010 10:58 AM DID I left a message with the PO phone number(obtained Gom Utility Records). 11/30/2010 11/302010 FOLLOW-UP Donald Hill I U30/2010 9:06:11 AM DH)Actiuu Created I U30/2010 9:06 AM DH) Records search w/King County found no permit records for remodel. CODF. ENFORCEMENT ACTIVITIES CjAtt U4 CnseH: VI010-0773 Report By: Dam Daskam Assigned Officer. Donald HillDI.D Page 216 of 293 Action Date_Completion Date Action Type Action By/ Action Description 11/29/2010 11/29/2010 CASE OPENED Donald Hill I 1/3012010 9:04:41 AM DH)Action Created 11/30/2010 9:05 AM DH) Email received from Russ Campbell. He took several photographs of the property including the garage rooms. 1 forwarded the email to Rick Hopkins and responded to Mr.Campbell that I would investigate the p[opert3 CODE ENFORCEMENT_ACTIVITIES CRWSY5-fE/0S Caseg: V1010-0773 Report By: Dam Daskam Assigned Officer: Donald Hill DI.D Page 217 of 293 easiness Llcens : 5BUSINESSLICENSEFORRENTALHOUSINGFEES ju'nllo.:$ 603>IPO te uon cumulative number of units at all locations. CITYOF, -.mod' sY w 1 6-24 units:$106.00 25+units:$212.00 PLEASE RETURN TO: xpire June 30. Renewal notices are mailed in Permit Center WASHINGTON May. Business licenses are not pro-rated and are non- 25 West Main Street transferable. If you discontinue your rental activity in Auburn,WA 98001 Auburn, please notify the Permit Center at(253)931-3020. Phone: (253)031-3020 Fax: 253 804-3114 APPLICATION FOR BUSINESS LICENSE FOR RENTAL HOUSING (ORDINANCE NO. 5882) LICENSEE MAILING ADDRESS Phone: Z'? ' 3 •7` All Information related to this license will be sent to this address)fax: Name: I/ i r 2)G1 1A Q'- ---- - - - - - --- -- e-mall.-- ------' Title: nAddress: 3 E US J. /tV- S/_ Suite: City, State: A tA 6 U n.—.lA/ _ G`(Z Zip' --- WEB SITE if applicable): LEGAL STATUS: Sole Proprietor Individual Corporation LLC D Partnership Other COMPLETE THIS SECTION FOR ALL OWNERS,AGENTS,PARTNERS OR CORPORATE OFFICERS,EVEN IF LISTED ABOVE attach separate page if necessary 1)Name: Ke-JI Title: Ojyrl@ 1Her- Sd Home Address: City/State/Zip: Home Phone: 3 6Z llSf Ave- s._ 6u--, w y Date of Birth: PI ce of Birth: Dri tt's License M WA t U Z`a s 2)Name: N`r Title: Own Home Address: dJ City/State/Zip: Home Phone: 3/62v JIS / ve 5 Nb t iS 1Z ZS i80`( Date U7o/ B7 7u PeL-f3iR,IAp/{ Driv s},icyrtse ^' Z, lnlo MANAGER/AGENTIEMERGOEhNC'yYCC ONTACT: Title: }- 1/ /v Business Phone: Home Address: City/State/Zip: Home Phone: Date of Birth: Place of Birth: Drivers License M: FOR OFFICE USE ONLY: A Prior License q Date Received: TR# (\ Issue Date: SIC Code C A 0 rOFiy N DI.D Page 218 of 293 clrr of Building Division 25ATTBTr] Au Wes,Main Street V lJ 1 l I Auburn,WA 98001 For Staff Use Only WASHINGTON 253)931-3020 Application No Atf lU 0 c) Residential Permit Application Permit Typo (circle): New Addition Alteration Demolition Value or Construction S - ProjectSiteAddress: IZys7 5-4 31641'` Parcel Vre ulredJ Legal Description: Ur Do Propert net Address: PIt oneNo'7 3 -2r I C' t.r2r 36'zo 115k, !{vim SE S r e lam!} i 86 lZ o Project A plicant: Project Contact Yes No Email. G M (AZ"' Address. Phone Contractor: Phone No Address --- State Contractors License# Auburn Business License N i Architect: Project Contact Yes No Phone No Add Emaress. r.__11 i Engineer: Phone No.. l Address: Email. i D J ascription of Work: r4 O,S-Q / o a o I Vacant Site Yes/NO Basement sq fl Garage_ sq fl Mobile Home(Yes/No) 1°'Floor, sq R Covered Deck sq it Number of Units 2n° Floor sq it Covered Porch sq it Parking Provided i Total sq If Uncov'd Deck sq it Number of bedrooms Plumbing (please indicate thr,number of new or relocated fixtures) Bathtub -Toilet .__ Water Service -- Shower/Tub Combo Hot Water Tank size of pipe_inches) Clothes Washer KitchenlBathlLaundry Sink s Dishwasher Modular Building Connection Total Number of Fixluros___ Hose Bibb Other Mechanical (please indicate the number of new or relocated appliances) Air Conditioner/Heat Pump Gas Cook Top Other Fans-Stationary,incl whole house __Gas Dryer Wall Heater Fireplace Insert Gas Piping(#of outlets) Vents/Single Ducts Furnace< 100,000 BTUs Gas StoverRange Water Healer Total Number of Fixtures__ _ 1 certify the Information furnished by me is true and correct and that I am the owner of the subject properly or I have been given expresspermissionbytheownerofthesubjectproperty, to submit this application for permit. 1 will comply with all provisions of law.code and ordinances governing this type of construction work,including stale contractor registration lawsApplicationexpires180daysafterDateSubmitted OwnerlAgent Date H:iPermitCenter\,%pplicationslRBSI DLN'Fi At.PliRnt l FA PI'I.WA"I'ION DOC T 11 12,200N DI.D Page 219 of 293 9 XUBURN F Peter B. Lewis, Mayor WASH 1WASHINGTON 25 West Main Street * Auburn WA 98001.4998 * www.aUbUrnwa.gov * 263-931.3000 January 11, 2011 Kevin Bauer 12437 SE 3181h Way Auburn,WA 98092 Re: Permit No. ALTi"339—Bauer conversion of garage to living space To Whom it May Concem: This is to advise ou that the permit application for parcel#7137900970, with a site address of 12437 SE 318 Way, has been reviewed by the City of Auburn Permit Center These reviews have identified additional information, clarification and/or corrections needed to complete our review. DEPARTMENT COMMENTS Building Division Comments This report is provided as information only, and Includes the items that have been Identified as deficiencies or needing to be addressed during the plan review. It is not intended to be an all-inclusive list of code requirements that may be applicable or required to construct this project. Please note that not all items or issues may have been Identified or discerned during the plan review process. If any item or Issues are discovered or Identified during construction or at the time of field inspections these will need to be addressed and corrections made so that code compliance is achieved. Please contact the Building Inspector before deviating from approved plans or proceeding with any changes in construction. This plan review is based on submitted construction documents and Information provided with the application. Requirements of the 2009 edition building codes were used as the basis for the plan review. Based on the correction items, revised drawings are required. Please provide corrections for the items listed below. 1. Indicate on the plans the direction of the roof rafters or trusses. This will help us to determine the correct sizes for the headers. 2. What is the size of the combustion air vents for the water heater and heater? 3. How was the washer hooked up to the existing plumbing? 4. Where does the dryer vent exhaust to? How long is it? 5. What rooms or buiiding(s) are adjacent to this construction area? 6. The Washington State Energy Code requires that the exterior walls have a minimum insulation value of R-21. Please indicate on the plans how the additional insulation will be Installed. Please provide a detail to illustrate this. 7. What is the V'value of the window glazing? 8. Please provide a separate plan showing what was existing prior to the conversion. AUBURN * MORE THAN YOU IMAGINED DI.D Page 220 of 293 Buaer—ALT10.0339 January 11,2011 Page 2 9. You have indicated on the plans that the wails have R-13 Insulation installed in them. The Washington State Energy Code requires that these walls have a minimum of R-21 and the ceilings are required to have a minimum of R-38. One option that you can look into-if the insulation values are not what they should be go to an insulation contractor or the WSU Energy Code program and do a performance calculation. This will allow you the opportunity to do trade-offs. 10.Also note that all headers are required to be sandwiched around R-10 ridged insulation. Please note this on the plans. 11. Indicate on the plans the size and location of the required combustion air vent(IRC G- 2407). Please contact Rick Hopkins, Building Official, at(253) 804-3121 or by e-mail at rhopkins @auburnwa.gov for questions related to Building Division comments. Conclusion These comments are only related to the listed permit application. Other approvals may need to be secured in advance to complete the proposal. Please resubmit two sets of the requested information in a single submittal that properly references your application (Permit No. ALT10-0339). Re-submittals should be delivered to the Permit Center located on the second floor of the One Main Street Building across from the City Hall or mailed to Permit Center, 25 W. Main Street, Auburn,WA 98001 The re-submittal must be accompanied by a completed Re-submittal Form. The form is available from the Permit Center or from the city website at the following address: http./Avww.auburnwa.gov/AssetslPCD/AuburnWA/Docs/CorrectionsRevisions.pdf. I If you have any questions regarding the City's process or your specific application request, please contact the appropriate department contact above. Sinc ely, J D veiopment Services Manager Planning & Development Department JTrtk CORR11-0044 DI.D Page 221 of 293 Form last cngv or[` y7 7 q yg TI.ONItEQTJ SI' updateder l i J 17 J R V d.... ..n 4 1" t September 24,2011 WASHINGTON Web a e&Email: Phone and Fax: Phystcal Address: Mailing Address:P 9 Auburn City Hall Annex,2'4 Floor 25 West Main§ 6te UI-FlIJi illl J mmy aubumwa nov Phone: 253.9313090 1 East Main Street Auburn,WA 9ADd3M,901 CE'.411-1 oermucenternouburmve oov Fax: 253.8043114 CONTACT INFORMATION REFERENCE 011`0[a- Name:IJgJJ.(t.LDOA 26a t I(r-1(Telep/hone Number: mail; Gi.• r 99' PROPERTY INFORMATION ZIP Q i Job site address: GYP. Lot N Subdivision Name(if applicable): Parcel H I Unit# I For Condominiums-Building Name: I DESCRIPTION AREAS TO BE INSPECTED Generally describe lite location of the damage within tho structure(list each room slid the walls/ceiling/floors that were damaged): Roost I: 4IP` 1 Room 2: Room 3: Room 4: INSPECTION RESULTS-THIS SECTION TO BE FILLED OUT BY THE CITY BUILDING INSPECTOR Date of Inspection:Inspector: I Structural. Describe: Interior. Describe: Mechanical System. Describe: Plumbing System. Describe: Permits Needed: U Building Plumbing 11 Mechanical Demolition Other DI.D Page 222 of 293 8/812013 City ofAuburn Page 1 Case Activity Historry, CLERKS OFFICE Case Number VI013-0082 Opened 2/1912013 JAS Case Name Garage conversion Closed Type BLDG CODE VIOLATION Last Action 8/6/2013 IT Subtype NO PERMITS Follow Up 8/6/2013 JT Status CLOSED Description: Site Address City State Zip Site APN 12620 SE 317TH ST AUBURN WA 98092 7137900460 Owner L'AMOUREUX DEBORAH J+DALE E Resident Address 36306 25TH AVE S FEDERAL WAY WA 98003 Action Date Completion Date Action Type Action By/ Action Description 8/6/2013 8/6/2013 CASE OPENED Jeff Tate 8/6/2013 4:29:09 PM JT)Action Created 8/6/2013 4:32 PM JT) Russ Campbell came into the office after receiving the public disclosure materials. He showed me that this case had been closed and that the notes indicated that the reason it was closed was because a permit had been issued. After looking at the record I noticed that the only action that had been taken was for the landowner to receive an inspection(INS 13-0004). An INS is a courtesy inspection to help the scope the types of permits that are required to correct a violation. Since no permits have been applied for or issued I have reopened the case. The case is not to be closed until a final inspection on a building or demolition permit has been performed and approved:..........._-_-----_--__--_...... 7/30/2013 7/30/2013 CASE CLOSED Jason Arbogast 7/30/2013 11:14:37 AM JAS)Action Created 7/30/2013 11:15 AM JAS) - - Permit issued. 2/19/2013 2/19/2013 NOTICE TO CORRECT Jason Arbogast 2/19/2013 8:01:56 AM JAS)Action Created 2/19/2013 8:11 AM JAS) NTC sent first class,cert and posted to property. 2/19/2013 2/19/2013 CASE OPENED Jason Arbogast CODE ENFORCEMENT ACTIVITIES rl rM SYSTEMS Casefl: VI013.0082 Report By: Dani Daskam Assigned Officer: Iason Arbogast DI.D Page 223 of 293 Exhibit 8 StudenURental Housing Matrix of Jurisdictions'Regulations August 20,2013 Planning Commission Public Hearing Jurisdiction How Address Rental and Student Housing Proposed to be Incorporated into Auburn's Amendments Saint Paul,Minnesota Established a moratorium while the issue was studied Utilizing the 4 or less unrelated persons Created a student housing overlay district limits a student Considering a registration and establishment period for existing dwelling to be at least 150 feet from another student dwelling rentals located on a different lot Define student dwellings as a one or two family dwelling in which at least one(1)unit is occupied by three(3)or four(4)students. property which exceeds occupancy limits at the time the article was adopted are ineligible for registration and establishment as an existing student dwelling during the registration and establishment period. Created an 18 month registration and establishment period for existing student dwellings to register within 120 days of the effective date of the code being adopted Newark,New Jersey Defined student home and limited where they could be located • Proposing that communal residences must have rental business by prohibiting them in certain subdivisions/streets license Student home must have a rental permit Landlord responsible that tenants comply with code provisions— Landlord ensure that tenants comply with applicable noise and will be part of the rental business license other code provisions Landlord responsible for occupancy limits—Staff proposing 4 or Landlord is responsible for compliance with the occupancy limits less permitted outright;more than 4 a conditional use pem it which is 3 students in a home process required wrath public hearing before the Hearing Student home shall be located on a lot which is no closer to Examiner another lawfully established student home than a distance determined by multiplying times 10 the required lot width for a single family detached dwelling in the zone in which the lot is located(example 50 foot lot width x 10=150 feet separation) The code section also establishes existing rental units that have a valid rental permit are considered a student home Public Outreach The City of Newark and the University of Delaware jointly have a website that provides a guide for owners and occupants of single-family type rental housing. Effort is called Town&Gown,committee consists of City of Newark offictals/staff and University of Delaware staff. Committees charge is established in Newark's code. htt //www.udel edu/towngown/index html Town of Hamden Requires landlord to obtain a Student Housing Permit—includes Expanding the rental business license requirements to include notice to adjacent property owners and information for tenants Requires that the unit meet building codes and fire codes No exterior changes to the building unless required for compliance with building or fire code Meet parking requirement of one off-street parking space per student with at least two spaces per dwelling unit having unimpeded access DI.D Page 224 of 293 Exhibit 8 No packing in the required front or side yard that is unpaved Landlord must provide trash and recycling bins and posting instructions regarding the pick-up schedules Submission of floor plans and any proposed modifications Providing a 24-hour contact person in the state to resolve complaintsMaximumof 4 students per dwelling unit providing compliance vnth the building code for minimum square footage Boston Extensive website oath information specifically outlined for: Incorporate elements from City of Boston's website into Auburn's Landlords websde update when we implement the program Tenants—speck information for students Frequently Asked Questions Good Neighbor Handbook Into city0ftboston ov/dnd/bncc/ Tacoma Definition of Student Housing but it is housing specifically associated wch the college/institution. The Student Housing is owned and operated by the college/institution. Student Housing could be dormitories, sororNes,or fraternities. No definition of rental housing Definition of family allows up to 6 unrelated individuals to live together Des Moines,WA Looked at Des Moines because of Highline Community College No specific definition for student housing or rental housing Definition of family allows up to 5 unrelated individuals to live together DI.D Page 225 of 293 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6478 Date: August 27, 2013 Department: Planning and Development Attachments: Ord 6478 Planning Commission Public Hearing Packet Budget Impact: $0 Administrative Recommendation: For discussion only. Background Summary: Recent inquiries from private developers have raised questions about the market viability of meeting the mixed-use standards required for the C-1, Light Commercial zone. In particular, concerns have been raised over the required 50% of the cumulative ground floor space for a development with 2 or more buildings be dedicated to commercial retail, entertainment, of office uses. A joint meeting was held between the Planning and Community Development Committee (PCDC) and the Planning Commission on August 12, 2013 where the broad policy proposal was presented and discussed. Staff took the feedback provided and prepared draft code amendments that were presented at the August 20, 2013 public hearing before the Planning Commission. Public testimony was provided and the Planning Commission recommended approval of the proposed amendments as presented by staff. At the August 26, 2013 PCDC meeting, the Committee reviewed the proposed code amendments and recommended approval of Ordinance No. 6478 to the full City Council. Reviewed by Council Committees: Planning And Community Development Other: Legal, Planning Commission Councilmember:Backus Staff:Chamberlain Meeting Date:September 3, 2013 Item Number:DI.E AUBURN * MORE THAN YOU IMAGINEDDI.E Page 226 of 293 ORDINANCE NO. 6 4 7 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 18 57.030 OF THE AUBURN CITY CODE RELATED TO THE C-1 LIGHT COMMERCIAL ZONE AND MIXED-USE DEVELOPMENT STANDARDS WHEREAS, the marketability of mixed-use development is still struggling from the recession, and WHEREAS, the City of Auburn wishes to balance multi-family development, in commercial zones, with some requirement for commercial development; and WHEREAS, portions of the C-1 Light Commercial zone are within the City's identified economic development strategies area and requiring mixed-use development within the C-1 zone supports the City's goal of accommodating a certain amount of housing units and employment growth, and WHEREAS, following proper public notice, the Planning Commission considered the proposed code amendments at a public hearing on August 20, 2013, and WHEREAS, the Planning and Community Development Committee reviewed the Planning Commission's recommendation at their August 26, 2013 meeting; and WHEREAS, the environmental review on the proposal has been completed in accordance with the requirements of the State Environmental Policy Ordinance No 6478 August 28, 2013 Page 1 of 7 DI.E Page 227 of 293 Act (SEPA) with a final Determination of Non-significance (DNS) issued August 5, 2013, and WHEREAS, pursuant to RCW 36 70A.106, the proposed zoning code amendments were sent to the Washington State Department of Commerce, Growth Management Services, and other state agencies as required with expedited review requested and acknowledgment received on August 26, 2013, and WHEREAS, no comments regarding the proposed zoning code amendments have been received from the Department of Commerce or other state agencies, and WHEREAS, the Auburn City Council finds that the proposed amendments provide clarification to the subdivision title and comply with recent changes to state law NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows. Section 1. Amendment to City Code. That section 18.04 330 of the Auburn City Code be and the same hereby is amended to read as follows. Section 18.57.030 Residential. A. Multiple-Family Dwellings as Part of a Mixed-Use Development. 1. C-1 Zone Multiple-family dwelling as part of a mixed-use development is allowed, provided, that compliance to all of the following is demonstrated: a. Multiple-family dwellings shall only occur concurrent with or subsequent to the development and construction of nonresidential components of the mixed-use development; b Applications for mixed-use development inclusive of multiple-family residential dwellings shall include transportation and traffic analyses appropriate to the type and scale of the proposed development based Ordinance No 6478 August 28, 2013 Page 2 of 7 DI.E Page 228 of 293 on the concurrent determination of the planning director and city engineer The planning director and city engineer may require the analysis to address, including, but not limited to, a.m. or p.m. traffic impacts, and/or area circulation planning for motorized and nonmotorized modes of travel and connectivity; and/or transportation demand management (TDM) strategies, c. Applications for the mixed-use development inclusive of multifamily residential dwellings shall include written and plan information demonstrating compliance to applicable design standards for mixed- use development contained in the city of Auburn multifamily and mixed-use design standards, d Applications for the mixed-use development inclusive of multifamily residential dwellings shall comply, as applicable, with the neighborhood review meeting requirements of ACC 18 02.130 Neighborhood review meeting); e Mixed-use development comprised of a maximum of one building on a development site shall have the PRtirp 50 percent of the ground floor comprised of one or more commercial retail, entertainment or office uses that are permitted outright or conditionally; provided, that uses normal and incidental to the building, including, but not limited to, interior entrance areas, elevators and associated waiting areas, mechanical rooms, and garbage/recycling areas, may be allowed on the ground floor, except that non-street frontage vehicle garages located on the ground floor together with all other normal and incidental uses shall occupy a maximum of 50 percent of the ground floor space, orand f.Mixed-use development that is geographically distributed on a development site amongst two oF MOM buildings shall have a minimum of 2559 percent of the cumulative building ground floor square footage comprised of one or more commercial retail, entertainment or office uses that are permitted outright or conditionallyor. g. Mixed-use development that has more than two buildings shall have a minimum percentage of the cumulative building ground floor square footage comprised of one or more commercial retail, entertainment or office uses that are permitted outright or conditionally as follows. 1. For 3 buildings 20 percent of the cumulative building ground floor square footage. 2. For 4 buildings, 15 percent of the cumulative building ground floor square footage. 3. For 5 or more buildings 10 percent of the cumulative building ground floor square footage. h. A project proponent may select to set aside a non-residential building pad(s), meeting the percentage requirements above, for future development provided that the site plan for the development must Ordinance No. 6478 August 28, 2013 Page 3 of 7 DI.E Page 229 of 293 identify the general location for the building(s), associated parking areas, drive aisles, landscaping areas and utility locations. During the interim period that the non-residential site(s) remains undeveloped, it must be maintained as a landscaped area meeting the requirements of ACC 18.50. 2. C-2 Zone. Multiple-family dwellings are permitted as part of a mixed-use development provided they are: a. Located in a multi-story building the ground floor of which must contain a permitted use listed in Table 18.23 030, "Permitted, Administrative, Conditional and Prohibited Uses by Zone." No density limitations shall apply 3 C-3 Zone Multiple-family dwellings are permitted as part of a mixed-use development provided 1,200 square feet of lot area is provided for each dwelling unit. 4 C-4 Zone Multiple-family dwellings are permitted provided they are a. Located in a multi-story building and the ground floor must contain a permitted use or combination of uses, other than parking facility b An exception to this ground floor commercial requirement is allowed for uses accessory to the upper story residential at a rate of 1,500 square feet of area per upper story of residential. The ground floor areas accessory to the upper story residential may include, but are not limited to, entry space, lobby, hallway, mail areas The 1,500 square feet of upper floor area does not include exiting required to meet applicable building and fire codes. 5 M-1 Zone Multiple-family dwellings are permitted as part of a mixed-use development, provided they are a. Located in a multi-story building the ground floor of which must contain one of the retail or service uses listed in Table 18.23 030, "Permitted, Administrative, Conditional and Prohibited Uses by Zone." The ground floor may contain entrance and lobby areas which serve the dwellings. B Multiple-Family Dwellings, Stand-Alone 1 C-3 Zone Multiple-family dwellings are permitted provided a. One thousand two hundred square feet of lot area is provided for each dwelling unit, and b The multiple-family development is arranged in the following manner based on its orientation to a public roadway (Scenarios 1 —4). Ordinance No 6478 August 28, 2013 Page 4 of 7 DI.E Page 230 of 293 AUUUMA VAY H AUBURUVAYS AST SE VEST VALLEY MW.15 ST NNW CST SW C C/MF FFMIF When oriented along the roadways listed above. Scenario 1: Vertical mixed-use (street level cornmerraal. multifamily above) development required; or Scenario 2: Horizontal mixed-use (commercial use along frontage,multifamily alongthe rear) required. AUBW?J VAY 14 AU91RR VAT S AST SE V,EST VALLEY MVW-15 ST MUM C ST SW CiMF Legend C=Commercial MF MF -Multi-family When oriented along the roadways listed above Scenario 3: Landlocked property Property to the rear can be stand-alone multifamily Ordinance No. 6478 August 28, 2013 Page 5 of 7 DI.E Page 231 of 293 to nor A rto6alh Nan-Rncdlectom ___________________ I ST NE,d`"ST SE,e.g MF Legend C =Commercial M =Multi-family When oriented along other minor arterials and nonresidential collectors. Scenario 4: Properties along streets that are less attractive to commercial uses,such as I St NE, stand-alone multifamily can be permitted. 2. EP Zone Multiple-family dwellings are permitted provided a. The multiple-family development incorporates sustainable design and green building practices and qualifies to be built green certified. (Ord 6435 § 1, 2012.) Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. Severability- The provisions of this ordinance are declared to be separate and severable The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances Ordinance No. 6478 August 28, 2013 Page 6 of 7 DI.E Page 232 of 293 Section 4. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law INTRODUCED- PASSED- APPROVED- CITY OF AUBURN PETER B LEWIS MAYOR ATTEST Danielle E. Daskam, City Clerk 7AM Daniel B Hei , ity Attorney Published Ordinance No. 6478 August 28, 2013 Page 7 of 7 DI.E Page 233 of 293 CITTYTOF- Zoning Code Text Amendment WASHINGTON ZOA13-0005 Staff Report to the Planning Commission I. BACKGROUND AND GENERAL INFORMATION: Recent inquiries from private developers have raised questions about the market viability of meeting the mixed-use standards required for the C-1, Light Commercial zone. In particular, concerns have been raised over the required 50% of the cumulative ground floor space for a development with 2 or more buildings be dedicated to commercial retail, entertainment, of office uses. This staff report outlines the proposed amendments related to mixed-use development within the C-1, Light Commercial zone. ll. SEPA STATUS: Pursuant to WAC 197-11-800(6), non-project actions such as code amendments are not exempt from environmental review The City issued a Determination of Non-Significance August 5, 2013. The comment period ends August 19, 2013 and the appeal period ends on September 3, 2013 III. FINDINGS OF FACT: 1 In general, the intent of the proposed zoning code amendments is to amend what amount of commercial is required for multi-family development within the C-1, Light Commercial zone. 2. The process for zoning code text amendments is described in ACC Chapter 18.68: 18.68.020 Initiation of amendments. B. Text. 1 The city council, or planning and development committee of the city council, upon its own motion may request the planning commission to conduct a public hearing to amend any portion or all of this title; provided, that text amendments that are purely administrative or procedural do not require a public hearing, nor do they require preliminary review or recommendations of the planning commission; 2. The planning commission may upon its awn motion call for a public hearing to amend any portion or all of this title, with the exception of purely administrative or procedural amendments; 3. Any resident or property owner of the city may petition the city to request an amendment to the text of this title. C. For the purposes of this chapter, substantive amendments shall be distinguished from procedural or administrative amendments in accordance with the following: Substantive" matters relate to regulations that define or limit what can be done in terms of conduct, use or action (e.g., what use may be made of land, what requirements apply to development, what public infrastructure may be required of certain developments), and "procedural' or "administrative" matters are those that relate to the process of how Zoning Code Text Amendment ZOA13-0005 Staff Report to the Planning Commission August 13, 2013 Page 1 DI.E Page 234 of 293 an application to take such action must be pursued (e g., time limits for applications and appeals, what forms must be used, and where or how applications must be submitted. Essentially, "procedural' or"administrative" matters are the mechanical rules by which substantive issues may be pursued). (Ord. 6287 § 2, 2010; Ord. 6198 § 3, 2008; Ord. 4840 § 1, 1996, Ord. 4304 § 1(46), 1988; Ord. 4229 § 2, 1987 ) 18.68.030 Public hearing process. A. Text Amendments. With the exception of purely administrative or procedural amendments, the planning commission shall conduct at least one public hearing on all amendments to this title. The planning commission shall make a recommendation to the city council who may or may not conduct a public hearing. C. City Council Decision. The city council may affirm, modify or disaffirm any recommendation of the planning commission or hearing examiner with regard to amendments of the text or map of this title. (Ord. 6198 § 4, 2008; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987 ) 18.68.040 Public hearing notice requirements. A. Text Amendments. 1. Planning Commission. For text amendments that require a public hearing under ACC 18.68.030(A), notice of a public hearing shall be given by publication, in a newspaper of general circulation in the area, at least 10 days prior to the public hearing and by posting the notice in three general public locations. 2. City Council. Notice of a public hearing shall be given by publication, in a newspaper of general circulation in the area, prior to the public hearing and by posting the notice in three general public locations. 3. The proposed code amendments are supported by the City of Auburn Comprehensive Plan as Identified in the conclusion section of this staff report. 4 Pursuant to WAC 197-11-800(6), non-project actions such as code amendments are not exempt from environmental review The City issued a Determination of Non- Significance August 5, 2013 The comment period ends August 19, 2013 and the appeal period ends on September 3, 2013 As of the writing of this report, no comments have been received. 5. Pursuant to RCW 36.70A.106, the proposed code amendments outlined in this staff report were sent to the Washington State Department of Commerce and other state agencies as required for the 60-day state review required for modification of development regulations. The amendments were sent on August 5, 2013 and expedited review was requested under RCW 36.70A.106(3)(b). The Department of Commerce acknowledged receipt on August 7, 2013. Expedited review has not been granted as of the writing of this staff report. If the expedited review request is denied then the standard 60-days applies from the submittal date of August 5, 2013. 6. Staff presented the proposed code amendment approach to the Planning Commission and Planning and Community Development Committee at a joint meeting held on August 12, 2013 for review and discussion. Zoning Code Text Amendment ZOA13-0005 Staff Report to the Planning Commission August 13, 2013 Page 2 DI.E Page 235 of 293 7 The public hearing notice was published on August 8, 2013 in the Seattle Times at least 10-days prior to the Planning Commission public hearing scheduled for August 20, 2013. The public hearing notice was also posted at the City's Annex Building at One East Main Street and on the City's website. 8. The following conclusions support the proposed amendment to Title 18, Zoning, scheduled for the Planning Commission's August 20, 2013 public hearing with a staff recommendation. IV. CONCLUSIONS: 1 Pursuant to ACC Section 18.68.020, amendments of Title 18 require a public hearing before the Planning Commission with a public hearing notice published at least 10-days prior to the public hearing date. Staff Analysis: The public hearing notice was published in the Seattle Times on August 8, 2013 which is at least 10-days prior to the Planning Commission public hearing scheduled for August 20, 2013. The public hearing notice was also posted at the City's Annex Building at One East Main Street and on the City's website. 2. These code amendments are supported by the City of Auburn's Comprehensive Plan as follows: LU-57: Mixed-use developments with both commercial and residential components are encouraged in Light Commercial centers. These developments should include primarily retail stores and offices designed to provide convenient shopping and other services for nearby residents. Industrial and heavy commercial uses should be excluded Objective 9.3: To encourage the appropriate use of areas adjacent to heavily traveled arterials while minimizing land use and traffic conflicts by- 1. Managing the continued commercial development of existing commercial arterials in a manner which minimizes traffic and land use conflicts. 2. Conserving residential qualities along heavily traveled arterials which are not yet commercialized, by restricting commercial development to types which provide an appropriate buffer 3. Protecting existing, viable residential areas along lesser-traveled arterials, from commercial development. 4 Concentrate population and employment growth within the eight key economic development strategy areas within the City identified as follows: Auburn Way North Corridor Auburn Way South Corridor Zoning Code Text Amendment ZOA13-0005 Staff Report to the Planning Commission August 13, 2013 Page 3 DI.E Page 236 of 293 Urban Center Auburn Environmental Park and Green Zone 15`h Street SW/C Street SW/West Valley Highway/Supermall A Street SE Corridor SE 312'" Street/124'h Avenue SE Corridor M Street SE between Auburn Way North and Auburn Way South. LU-58: The City has identified those existing commercial arterials that are appropriate for continued commercial development and employment growth as well as a concentration of population growth. These areas are identified as the eight economic development strategy areas as identified under Objective 9.3 Sub-area plans for these strategy areas should be developed. ED-10: The City should develop a formal economic development strategy as an element of the Comprehensive Plan to specifically identify the types of businesses most consistent with community aspirations and lay out a program to attract those businesses. a. The City should work cooperatively with other governmental agencies in its economic development efforts, including the Muckleshoot Tribe, King County, Pierce County, the Port and the State. b. The City should implement its economic development strategy through a partnership with the private sector. c. Identified in the 2005 Economic Development Strategies documents are six strategy areas along with two additional strategy areas. These economic development strategy areas are targeted for population and employment growth to meet the City's 20-year (2031) growth target. Sub-area plans should be developed for these strategy areas. The economic development strategy areas are as follows: Auburn Way North Corridor Auburn Way South Corridor Urban Center Auburn Environmental Park and Green Zone 15'h Street SW/C Street SW/West Valley Highway/Supermall A Street SE Corridor SE 312'h Street/124`h Avenue SE Corridor M Street SE between Auburn Way North and Auburn South ED-15: Implement the recommendations of the City's 2005 Economic Development Strategies brochure including the addition of the SE 312`h Street/124'h Avenue SE corridor and M Street SE between Auburn Way North and Auburn Way South. The City's 20-year housing and employment growth shall be concentrated to these economic development strategy areas. Problems related to Existing Uses— Lea Hill Area: Area: Area annexed on January 1, 2008. Zoning Code Text Amendment ZOA13-0005 Staff Report to the Planning Commission August 13, 2013 Page 4 DI.E Page 237 of 293 Problem: The City has been concerned for years that the rapid growth taking place within the Lea Hill PAA will overwhelm city streets. Through annexation the City can better manage the amount and type of growth in this area and help ensure that appropriate infrastructure to support development is provided concurrent with that development. The Auburn City Council envisions retaining the predominantly single-family character of the Lea Hill area rather than allow the trend of rapidly developing multi-family projects to continue. The City's codes will help ensure that the neighborhood character, traffic and environmentally sensitive features are protected and/or managed. Staff Analysis: The proposed code amendments recognize the market sensitivity surrounding mixed- use development while maintaining the City's goal of having the SE 312th/124s°corridor, Auburn Way South, A Street SE Corridor, and Urban Center Extended districts be economic development strategy areas that supports both residential and commercial development. Auburn has identified eight economic development strategy areas throughout the City with the goal of concentrating population and employment growth within these strategy areas and C-1, Light Commercial zoning currently exists in four of the strategy areas. Over the next twenty years, Auburn will need to plan for approximately 9,600 new housing units and 19,000 jobs (starting year is 2006). The proposed code amendments allow for multifamily development within the C-1, Light Commercial zone while requiring some commercial be incorporated into a project meeting the goal of accommodating the City's future housing and job growth. To address the C-1, Light Commercial zone, specifically on Lea Hill, in 2008, when the remainder of Lea Hill was annexed, the City added a policy statement limiting multi- family development as the area had experienced a trend of multi-family development. In order to balance slowing down the rapid multi-family development but still plan for housing and job growth targets, the City implemented a mixed-use requirement if multi- family is to be developed within the C-1, Light Commercial zone. The proposed amendments today, recognize the market sensitivity of mixed-use projects while still maintaining the City's goal of limiting multi-family development to the SE 312'hII24th Avenue area and having commercial development be part of a project. V. STAFF RECOMMENDATION/DECISION Staff recommends that the Planning Commission recommend to the City Council approval of the proposed code amendment as presented. VI. EXHIBITS Exhibit 1 Proposed code changes Auburn City Code Exhibit 2 Request to Department of Commerce for Expedited State Review Exhibit 3 Department of Commerce acknowledgement letter Exhibit 4 Request to publish hearing notice in newspaper Exhibit 5 Environmental Checklist Exhibit 6 Determination of Non-Significance Exhibit 7 Comments Letter(s) Received Zoning Code Text Amendment ZOA13-0005 Staff Report to the Planning Commission August 13, 2013 Page 5 DI.E Page 238 of 293 Exhibit 8 Economic Development Strategy Areas Staff Report Prepared by- Elizabeth Chamberlain, Planning Services Manager Zoning Code Text Amendment ZOA13-0005 Staff Report to the Planning Commission August 13, 2013 Page 6 DI.E Page 239 of 293 Exhibit 1 ZOA13-0005 Chapter 18.57 STANDARDS FOR SPECIFIC LAND USES Sections: 18 57.010 Intent. 18.57.015 Applicability 18 57.020 Industrial, manufacturing and processing, wholesaling. 18.57 025 Recreation, education and public assembly 18.57 030 Residential. 18.57 035 Retail. 18.57 040 Services. 18.57 045 Transportation, communication and infrastructure. 18.57.050 Vehicle sales and services. ACC Section 18.57.030 Residential. A. Multiple-Family Dwellings as Part of a Mixed-Use Development. 1 C-1 Zone. Multiple-family dwelling as part of a mixed-use development is allowed; provided, that compliance to all of the following is demonstrated: a. Multiple-family dwellings shall only occur concurrent with or subsequent to the development and construction of nonresidential components of the mixed-use development; b. Applications for mixed-use development inclusive of multiple-family residential dwellings shall include transportation and traffic analyses appropriate to the type and scale of the proposed development based on the concurrent determination of the planning director and city engineer. The planning director and city engineer may require the analysis to address, including, but not limited to, a.m. or p.m. traffic impacts; and/or area circulation planning for motorized and nonmotorized modes of travel and connectivity; and/or transportation demand management (TDM) strategies; c. Applications for the mixed-use development inclusive of multifamily residential dwellings shall include written and plan information demonstrating compliance to applicable design standards for mixed-use development contained in the city of Auburn multifamily and mixed-use design standards; d. Applications for the mixed-use development inclusive of multifamily residential dwellings shall comply, as applicable, with the neighborhood review meeting requirements of ACC 18.02.130 (Neighborhood review meeting); e. Mixed-use development comprised of a maximum of one building on a development site shall have the satire 50 percent ground floor comprised of one or more commercial retail, entertainment or office uses that are permitted outright or conditionally; provided, that uses normal and incidental to the building, including, but not limited to, interior entrance areas, elevators and associated waiting areas, mechanical rooms, and garbage/recycling areas, may be allowed on the ground floor, except that non-street frontage vehicle garages located on the ground floor together with all other normal and incidental uses shall occupy a maximum of 50 percent of the ground floor space; oraad ZOA13-0005 Proposed Code Amendments Planning Commission Public Hearing Version 1 August 20, 2013 Page 1 DI.E Page 240 of 293 f. Mixed-use development that is geographically distributed on a development site amongst two OF mere buildings shall have a minimum of 50-25 percent of the cumulative building ground floor square footage comprised of one or more commercial retail, entertainment or office uses that are permitted outright or conditionally, or g. Mixed-use development that has more than two buildings shall have a minimum percentage of the cumulative building ground floor square footage comprised of one or more commercial retail, entertainment, or office uses that are permitted outright or conditionally as follows: 1. For 3 buildings 20 percent of the cumulative building ground floor square footage. 2. For 4 buildings, 15 percent of the cumulative building ground floor square footage. 3. For 5 or more buildings 10 percent of the cumulative building ground floor square footage. h. A proiect proponent may select to set aside a non-residential building pad(s), meeting the percentage requirements above, for future development, provided that the site plan for the development must identify the general location for the building(s), associated parking areas, drive aisles, landscaping areas, and utility locations. During the interim period that the non-residential site(s) remains undeveloped, it must be maintained as a landscaped area meeting the requirements of ACC 18.50. 2. C-2 Zone. Multiple-family dwellings are permitted as part of a mixed-use development provided they are: a. Located in a multi-story building the ground floor of which must contain a permitted use listed in Table 18.23.030, 'Permitted, Administrative, Conditional and Prohibited Uses by Zone." No density limitations shall apply. 3. C-3 Zone. Multiple-family dwellings are permitted as part of a mixed-use development provided 1,200 square feet of lot area is provided for each dwelling unit. 4 C-4 Zone. Multiple-family dwellings are permitted provided they are: a. Located in a multi-story building and the ground floor must contain a permitted use or combination of uses, other than parking facility b. An exception to this ground floor commercial requirement is allowed for uses accessory to the upper story residential at a rate of 1,500 square feet of area per upper story of residential. The ground floor areas accessory to the upper story residential may include, but are not limited to, entry space, lobby, hallway, mail areas. The 1,500 square feet of upper floor area does not include exiting required to meet applicable building and fire codes. 5. M-1 Zone. Multiple-family dwellings are permitted as part of a mixed-use development, provided they are: a. Located in a multi-story building the ground floor of which must contain one of the retail or service uses listed in Table 18.23.030, 'Permitted, Administrative, Conditional and Prohibited Uses by Zone."The ground floor may contain entrance and lobby areas which serve the dwellings. B. Multiple-Family Dwellings, Stand-Alone. 1 C-3 Zone. Multiple-family dwellings are permitted provided: ZOA13-0005 Proposed Code Amendments Planning Commission Public Hearing Version 1 August 20, 2013 Page 2 DI.E Page 241 of 293 a. One thousand two hundred square feet of lot area is provided for each dwelling unit; and b. The multiple-family development is arranged in the following manner based on its orientation to a public roadway (Scenarios 1 —4): AUMM NAY N ALIMNNAY A A V W ."°°""""---- NEST VALLEY NAM-is ST SSNSSV C ST SW C CJMF MF When oriented along the roadways'listed above: Scenario 1: Vertical mixed-use (street level commercial, multifamily above) development required; or Scenario 2: Horizontal mixed-use (commercial use along frontage,multifamily Jongtherear) required. AUMM NAY N ALWAM VAY 3 AST SE ------------------ NEST VALLEY MW,1S ST NW SW C ST SW IF] Legend C=Commercial MF a Muld-family When oriented along the roadways listed above: Scenario 3: Landlocked property. Property to the rear can be stand-alone multifamily ZOA13-0005 Proposed Code Amendments Planning Commission Public Hearing Version 1 August 20, 2013 Page 3 DI.E Page 242 of 293 Al mar A neAab UM.WS calbdl ------------------- 1 ST PE.61"ST SE.e.g MF Legend C —Commercial MF-Multifamily When oiiented along other minor arterial s and nonresidential collectors: Scmario4: R operties along streets that are less attractive M commercial uses,such as I St NE, stand-alone multifamily can be permitted. 2. EP Zone. Multiple-family dwellings are permitted provided: a. The multiple-family development incorporates sustainable design and green building practices and qualifies to be built green certified. ZOA13-0005 Proposed Code Amendments Planning Commission Public Hearing Version 1 August 20, 2013 Page 4 DI.E Page 243 of 293 Exhibit 2 ZOA13-0005 Elizabeth Chamberlain From: Elizabeth Chamberlain Sent: Monday, August 05, 2013 4:27 PM To: DAHP'; 'larry.fisher @dfw.wa.gov'; 'ramin.pazooki @wsdot.wa.gov'; 'DNR'; sepaunit @ecy wa.gov'; 'MIT Cultural Program'; 'WA DOC'; 'Washington Environmental Council', 'Auburn School District'; Dave Hill, 'City of Federal Way'; 'Corbin, Douglas L'; Futurewise' Subject: DNS-two non-project action code amendments Attachments:20130805154450514.pdf, Revised Checklist Student_Rental Housing.pdf; Proposed Code Amendments and program SEPA version.pdf; 20130805154441529.pdf, Checklist C-1 Zone Amendments.pdf, Multi Family Amendments SEPA version.pdf Good Afternoon, Attached please find the following: Revised DNS, checklist, and proposed code amendments related to student/rental housing within the City DNS, checklist, and proposed code amendments related to the C-1, Light Commercial Zone, mixed use requirements The City anticipates a public hearing before the Planning Commission on August 20, 2013 and City Council action in September For commerce—the City will be requesting expedited review for the proposed code amendments and will be sending that request shortly under separate cover. If there are any questions please let me know Sincerely, Elizabeth Elizabeth F Chamberlain, AICP Planning Manager City of Auburn 253-931-3092 1 DI.E Page 244 of 293 Exhibit 3 ZOA13-0005 m-t:L n.PitiPf= STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE • PO Box 42525 • Olympia,Washington 98504.2525 • (360)725.4000 wmimcommerce.wa.gov August 7, 2013 Elizabeth Chamberlain Senior Planner City of Auburn 25 W Main Street Auburn, Washington 98001-4998 Dear Ms. Chamberlain: Thank you for sending the Washington State Department of Commerce(Commerce)the following materials as required under RCW 36 70A 106. Please keep this letter as documentation that you have met this procedural requirement. City of Auburn -Proposed code amendments related to student/rental housing and proposed code amendments related to the C-1, Light Commercial Zone, mixed use requirements. These materials were received on August 06, 2013 and processed with the material ID#19421. Expedited Review is requested under RCW 36.70A.106(3)(b). If this submitted material is an adopted amendment, then please keep this letter as documentation that you have met the procedural requirement under RCW 36.70A.106. If you have submitted this material as a draft amendment requesting expedited review, then we have forwarded a copy of this notice to other state agencies for expedited review and comment. If one or more state agencies indicate that they will be commenting,then Commerce will deny expedited review and the standard 60-day review period (from date received)will apply Commerce will notify you by e-mail regarding of approval or denial of your expedited review request. If approved for expedited review, then final adoption may occur no earlier than fifteen calendar days after the original date of receipt by Commerce Please remember to submit the final adopted amendment to Commerce within ten days of adoption. If you have any questions, please contact Growth Management Services at reviewteam @commerce.wa.gov, or call Dave Andersen (509)434-4491 or Paul Johnson (360) 725-3048. Sincerely, Review Team Growth Management Services DI.E Page 245 of 293 Exhibit 4 ZOA13-0005 REQUEST TO PUBLISH Please publish the following Notice of Public Hearing in the Seattle Times on August 8, 2013 Bill the City of Auburn City of Auburn ATT City Clerk 25 West Main Auburn, WA 98001 An "Affidavit of Publication" is requested for this billing. Thank you. CITY OF AUBURN NOTICE OF PUBLIC HEARING The Planning Commission of the City of Auburn, Washington, will conduct a public hearing on Tuesday, August 20, 2013 at 7:00 P.M. in the Council Chambers of the Auburn City Hall located at 25 West Main Street on the following: Case Number ZOA13-0003: Amendment to Auburn City Code The proposal amends the Auburn City Code related student/rental housing. The proposed amendments affect Title 18, Zoning, and Title 5, Business and Licenses Regulations. Case Number ZOA13-0005: Amendment to Auburn City Code The proposal amends the Auburn City Code related to the C-1, Light Commercial, Zone. Specifically,the proposed code amendments address mixed-use development standards. Case No. ZOA13.0004: Amendment to ACC 16.10.110, Critical Areas Regulations Amendment to the critical areas regulations to authorize mitigation to be located outside the City under certain circumstances which is currently not allowed. The public hearing will be held in the Council Chambers, Auburn City Hall, located at 25 West Main Street. The public is invited to attend to express comments or opinions. Written comments may be submitted up until and at the public hearing for ZOA13-0003 and ZOA13-0005 to Elizabeth Chamberlain, Planning Services Manager, Planning and Development Department, 25 West Main Street,Auburn, WA 98001-4988 or Jeff Dixon, Principal Planner, for ZOA13-0004 at the same address. If you have further comments or questions, please contact Elizabeth Chamberlain at echamberlainaauburnwa.gov or at 253) 931-3092. For citizens with speech, sight or hearing disabilities wishing to review documents pertaining to this hearing, should contact the City of Auburn within 10 calendar days prior to the meeting, as to the type of service or equipment needed Each request will be considered individually according to the type of request,the availability of resources, and the financial ability of the City to provide the requested services or equipment. DI.E Page 246 of 293 Exhibit 5 ZOA13-0005 CITY OF A EFRN wnsHlNCTON planning and Development Department ENVIRONMENTAL CHECKLIST 1. Name of proposed project, if applicable: C-1, Light Commercial Zone, Mixed-use Amendments 2. Name of Applicant: City of Auburn 3. Address and phone number of applicant and contact person: Applicant: Planning and Development Department 25 West Main Auburn, WA 98001-4998 Elizabeth Chamberlain, AICP, Planning Services Manager 253) 931-3092 4. Date checklist prepared: August 5, 2013 5. Agency requesting checklist: City of Auburn 6. Proposed timing or schedule (including phasing, if applicable): Environmental Review—August 2013 Planning Commission Public Hearing —August 20, 2013 City Council Review—September 2013 City Council Action — September 2013 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. None 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. None ENVIRONMENTAL CHECKLIST Page 1 of 16 DI.E Page 247 of 293 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None. 10. List any government approvals or permits that will be needed for your proposal, if known. The City of Auburn Planning Commission will hold a public hearing on the proposed code amendments addressed in this environmental checklist and will forward a recommendation to the Auburn City Council. The City Council may or may not hold a public hearing prior to taking action adopting, adopting in part, or not adopting the amendments. Although not an approval or permit, the proposed zoning text amendments are also subject to the 60-day State Agency review process pursuant to RCW 36.70A.106. The City will be requesting expedited review. 11. Give a brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You need not repeat those answers on this page. The City put into place regulations that requires a certain amount of commercial development when developing a multifamily project. The current regulations have not responded well to the current market and the City is interested in making the regulations more flexible by allowing alternatives to the traditional mixed-use development. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The proposed code amendment would be applicable to properties zoned C-1, Light Commercial. B. ENVIRONMENTAL ELEMENTS: 1. Earth: A. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other. The City of Auburn is characterized by a relatively flat valley floor bordered by steep hillsides that plateau. Page 2 of 16 DI.E Page 248 of 293 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT B. What is the steepest slope on the site (approximate percent slope)? The slope of the valley walls in the city varies, but some slopes associated with the valley walls reach 100%. Most sites on the valley floor have limited slopes. C. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. The valley floor is made up primarily of soils of the Oridia, Renton, Snohomish and Briscott series. These soils are fairly poorly drained and formed in the alluvium (river sediments) associated with the White and Green rivers. These are considered good agricultural soils, though in many areas, are not well-drained. There is no designated prime farmland within the City of Auburn. The soils in the uplands are predominantly of the Alderwood series. These soils drain moderately well and are typically located on slopes ranging from 0-70%. D. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Many factors affect slope stability including soil type, parent material, slope and drainage. These factors can be further affected by human intervention such as slope alteration, and vegetation removal. The city has identified categories of geologic hazard areas and inventoried these areas. Maps of the erosion and landslide hazard areas are provided as Maps 9.6 and 9 7, respectively in the City's Comprehensive Plan. E. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Not applicable. The proposed amendments are non-project actions, so no site alteration, construction, or earthwork is proposed. F. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Not applicable. Non-project action. G. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Not applicable. The action does not involve site specific development proposals H. Proposed measures to reduce or control erosion, or other impacts to the earth. This is a non-project action so no site specific erosion control is proposed. However, the existing comprehensive plan includes numerous policies to reduce or control erosion through the use of best management practices, landscaping requirements, limitations on alteration of steep slopes and other critical areas protections. Impacts to earth will be identified and, if necessary, mitigated during the development review process as specific development proposals are made that might be associated with these plan amendments. Page 3 of 16 DI.E Page 249 of 293 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT The city also has design and construction standards that address erosion control measures. 2. Air: A. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any,generally describe and give approximate quantities if know. Not applicable. Proposal is a non-project action. B. Are there any off-site sources of emissions or odors that may affect your proposal? If so, generally describe. Not applicable. Proposal is a non-project action. C. Proposed measures to reduce or control emissions or other impacts to air, if any: Not applicable. Proposal is a non-project action. 3. Water: A. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site including year round and seasonal streams, saltwater, lakes, ponds, wetlands): If yes, describe type and provide names. If appropriate, state what stream or river it flows into. The major bodies of water within Auburn are the Green River, the White River, Mill Creek, Bowman Creek, and White Lake. The City has conducted an inventory of wetlands within the city limits. These are shown on Map 9.3 of the City's Comprehensive Plan. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Not applicable. This is a non-project action. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Not applicable. This is non-project action. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. Not applicable. This is non-project action. Page 4 of 16 DI.E Page 250 of 293 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. Proposal is non-project action. However, several areas within Auburn lie within the 100-year floodplain of the Green or White River and Mill Creek. These areas as well as frequently flooded areas as defined by the City of Auburn Public Works Department are shown on Map 9 4 of the City's Comprehensive Plan. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. Proposal is a non-project action. B. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. Not applicable. This is non-project action. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: domestic sewage; industrial, containing any toxic chemicals; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) is (are) expected to serve. Not applicable. This is non-project action. C. Water Runoff(including storm water): 1) Describe the source of runoff(including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Not applicable. This is non-project action. 2) Could waste materials enter ground or surface waters? If so, generally describe. Not applicable. This is non-project action. D. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Not applicable. This is non-project action. 4. Plants: A. Check or circle types of vegetation found on the site: Page 5 of 16 DI.E Page 251 of 293 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT deciduous tree: alder, maple, aspen, other X evergreen tree: fir, cedar, pine, other. X shrubs. X grass. X pasture.X crop or grain. X wet soil plants: cattail, buttercup, bullrush, skunk cabbage, X other water plants: water lily, eelgrass, milfoil, other X other types of vegetation. X B. What kind and amount of vegetation will be removed or altered? Not applicable. This is non-project action. However, in general urban development results in the removal or alteration of many types of vegetation. C. List threatened or endangered species known to be on or near the site: None that are known. D. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Not applicable. This is non-project action. 5. Animals: A. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, other: geese, ducks, crows, etc. Mammals: deer, bear, elk, beaver, other- Fish: bass, salmon, trout, herring, shellfish, other, urban animals such as dogs, cats, squirrels, rodents,opossums, raccoons, etc. are also present in the city. B. List any threatened or endangered species known to be on or near the site. There are nesting/breeding sites of bald eagles, great blue herons and green back heron within Auburn as shown on Map 9.2 of the City's Comprehensive Plan. The Environmental Impact Statement for the Auburn Thoroughbred Racetrack indicates that peregrine falcons, bald eagles, and the Aleutian Canadian Goose have been seen in the Auburn area. Chinook salmon are currently listed as a threatened species by the National Marine Fisheries Service (NMFS). Bull trout are also listed. Chinook salmon are known to use the Green and White Rivers. C. Is the site part of a migration route? If so, explain. Auburn is a portion of the Pacific Flyway for migratory birds. Page 6 of 16 DI.E Page 252 of 293 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT D. Proposed measures to preserve or enhance wildlife, if any: Not applicable. This is non-project action. 6. Energy and Natural Resources: A. What kinds of energy(electric, natural gas, oil, wood stove, solar)will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing,etc. Not applicable. This is anon-project action. B. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. Not applicable. This is a non-project action. C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Not applicable. This is a non-project action. 7. Environmental Health: A. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? If so, describe. Not applicable. This is a non-project action. 1) Describe special emergency services that might be required: Not applicable. This is a non-project action. 2) Proposed measures to reduce or control environmental health hazards, if any: Not applicable. This is a non-project action. B. Noise: 1) What types of noise exist in the area which may affect your project(for example: traffic, equipment, operation, other)? Not applicable. This is a non-project action. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Page 7 of 16 DI.E Page 253 of 293 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT Not applicable. This is a non-project action. 3) Proposed measures to reduce or control noise impact, if any: Not applicable. This is a non-project action. 8. Land and Shoreline Use: A. What is the current use of the site and adjacent properties? The City and PAA contain a variety of land uses including residential, industrial, commercial, open space, and public land uses. The proposed code amendment would be to properties zoned C-1, Light Commercial. B. Has the site been used for agriculture? If so, describe: Much of the Green River Valley and the City of Auburn were used for agriculture at some time in the past. Over the last several decades, rapid growth in the area resulted in much of the agricultural land converting to urban uses. No land within the city is designated as agricultural, though some parcels continue as that type of use. C. Describe any structures on the site: Structures within the City range from small single family detached homes to large industrial and warehousing facilities. D. Will any structures be demolished? If so, what? Not applicable. This is a non-project action. E. What is the current zoning classification of the site? City zoning districts include. RR (Rural Residential); R-1 (1 du/acre) R-5 (5 du/acre); R-7 7 du/acre); R-10 (10 du/acre), R-20 (20 du/acre); RMHP (Residential Manufactured Home District); RO (Residential Office); RO-H (Residential Office-Hospital); CN Neighborhood Commercial); DUC (Downtown Urban Center); C1 (Light Commercial); C2 (Central Business District); C3 (Heavy Commercial); M1 (Light Industrial); M2 Heavy Industrial); BP (Business Park); LF (Airport Landing Field); P1 (Public Use); UNC Unclassified Use); I (Institutional Use); LH (Lea Hill). The proposed code amendment would affect the C-1, Light Commercial zone. F. What is the current comprehensive plan designation of the site? A Comprehensive Plan map of the City is contained in the City's Comprehensive Plan and includes 13 different plan designations. G. If applicable, what is the current shoreline master program designation of the site? Page 8 of 16 DI.E Page 254 of 293 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT Portions of the City along the Green and White Rivers fall under the Shoreline Master Program. A map of the shoreline designations for those areas is Map 9.1 of the City's Comprehensive Plan. Zoning districts that are applicable to this proposed code amendment do fall within the City's Shoreline Management area. H. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify: Not applicable. This is a non-project action. However, areas of the City do have sensitive areas and the regulation and protection of sensitive areas are addressed through the City's critical areas ordinance. I. Approximately how many people would reside or work in the completed project? Not applicable. This is a non-project action and no specific development is proposed J. Approximately how many people would the completed project displace? None specifically Proposal is a non-project action. K. Proposed measures to avoid or reduce displacement impacts, if any: None specifically Proposal is a non-project action. L. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: None specifically Proposal is a non-project action. 9. Housing: A. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. Not applicable. Proposal is a non-project action. B. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. Not applicable. Proposal is a non-project action. C. Proposed measures to reduce or control housing impacts, if any: Not applicable. Proposal is a non-project action. 10. Aesthetics: A. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s)proposed? Page 9 of 16 DI.E Page 255 of 293 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT Not applicable. Proposal is a non-project action. B. What views in the immediate vicinity would be altered or obstructed? Not applicable. Proposal is a non-project action. C. Proposed measures to reduce or control aesthetic impacts, if any: Not applicable. Proposal is a non-project action. 11. Light and Glare: A. What type of light or glare will the proposal produce? What time of day would it mainly occur? Not applicable. Proposal is a non-project action. B. Could light or glare from the finished project be a safety hazard or interfere with views? Not applicable. Proposal is a non-project action. C. What existing off-site sources of light or glare may affect your proposal? Not applicable. Proposal is a non-project action. D. Proposed measures to reduce or control light and glare impacts, if any: Not applicable. Proposal is a non-project action. 12. Recreation: A. What designated and informal recreational opportunities are in the immediate vicinity? The City of Auburn provides a full range of parks and recreational facilities. Map 11.1 of the City's Comprehensive Plan shows the location of these facilities. B. Would the proposed project displace any existing recreational uses? If so, describe. Not applicable. Proposal is a non-project action. C. Proposed measures to reduce or control impacts on recreation including recreation opportunities to be provided by the project or applicant, if any: Not applicable. Proposal is a non-project action. 13. Historic and Cultural Preservation: A. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so,generally describe: Page 10 of 16 DI.E Page 256 of 293 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT Not applicable. Proposal is a non-project action. However as a matter of information, in Auburn, the Blomeen House located at 324 B Street NE is on the National Register of Historic Places. The Carnegie Library Building at 306 Auburn Avenue (currently Auburn Dance and Music Center) and the Auburn Post Office currently Seattle-King County Health Department) at 20 Auburn Avenue NE are local and county landmarks. The Olson Farm, located at 28728 Green River Road South, was designated as King County Landmark in 2000 and the Masonic Temple Building at the southeast corner of Auburn Way South and East Main Street was designated as a King County Historical Landmark in 2002. B. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. Several Indian campsites have been identified along the Green and White rivers in the Auburn Thoroughbred Racetrack EIS and in preliminary work for the Army Corps of Engineers' Special Area Management Plan. C. Proposed measures to reduce or control impacts, if any: Not applicable. Proposal is a non-project action. 14. Transportation: A. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any Figure 2-1 of the Comprehensive Transportation Plan (transportation element) shows the City's current and future classified street system. B. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Not applicable, non-project action. However, Figure 4-1 of the Comprehensive Transportation Plan (transportation element) shows the location of public transit routes within the City Also, a commuter rail station exists along the Burlington Northern Santa Fe railroad right-of-way just south of West Main Street and east of C Street SW C. How many parking spaces would the completed project have? How many would the project eliminate? Not applicable. Proposal is a non-project action. D. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private): Not applicable. Proposal is a non-project action. Page 11 of 16 DI.E Page 257 of 293 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT E. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe: There is no water transportation in the Auburn area other than for recreational uses. The area is particularly well served by rail. At this time, local freight service is available. Burlington Northern Santa Fe and Union Pacific both operate freight lines within Auburn. Auburn is also a commuter rail station site for the Sounder commuter rail line between Tacoma and Seattle. Service began September 18, 2000 Amtrak trains pass through Auburn but do not stop here. The Auburn Airport is located north of 15`" Street NE. F. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Not applicable. Non-project action. G. Proposed measures to reduce or control transportation impacts, if any: Not applicable. Non-project action. 15. Public Services: A. Would the project result in an increased need for public services (for example: fire protection, police protection, health care,schools, other)? If so,generally describe: Not applicable. Non-project action. B. Proposed measures to reduce or control direct impact on public services, if any: The comprehensive plan contains policies that seek to maintain a sufficient level of service for public services as development occurs. Also, Auburn reviews under SEPA, the impacts of significant development on these public services. Mitigation measures are required to reduce significant adverse impacts. 16. Utilities: A. Circle utilities currently available at the site: Electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system other Cable TV. All of the above utilities are available within the City of Auburn. B. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed: This is a non-project action. However, the Comprehensive Plan includes a utilities element (as required by the Growth Management Act), which describes the utilities that serve the Auburn area and includes policies for their provision. Also, the city actively engages in planning for public facilities. A new Comprehensive Water Plan and new Comprehensive Sewer Plan were adopted by the City in 2009 A Page 12 of 16 DI.E Page 258 of 293 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT new Comprehensive Drainage Plan was adopted in 2009 A new six year Capital Facilities Plan was adopted in 2012 (2013-2018). These plans ensure that utility impacts are adequately monitored and evaluated on a project level and city-wide basis. C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. OWNER/AGENT SIGNATURE: Elizabeth Chamberlain DATE SUBMITTED: August 5, 2013 Page 13 of 16 DI.E Page 259 of 293 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS Do not use this sheet for project actions.) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment When answering these questions, be aware of the extent of the proposal, or the types of activities likely to result from the proposal that would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? The proposed code amendments to the C-1, Light Commercial zone, should have a minimal change in discharging to water, emissions to air, production, storage, or release of toxic or hazardous substances or the production of noise. While the proposed code amendment could apply to undeveloped property, the City's stormwater design manual addresses stormwater discharges and the City has other regulations addressing emissions to air and hazardous substances. Proposed measures to avoid or reduce such increases are: The City of Auburn Comprehensive Plan contains provisions to reduce increases or emissions caused by new development. Emphasis in the Comprehensive Plan on reducing the reliance on the automobile for transportation should reduce the amount of emissions to the air Policies in the Environment Chapter also provide guidance in the review of development proposals to encourage native vegetation. This should support wildlife habitat areas, particularly near streams, as the policies assist the City in addressing adverse impacts to water quality and wildlife habitat from runoff since native plantings may require less pesticide use. An environmental review of all non-exempt (from SEPA) development will be conducted to evaluate and mitigate impacts related to discharges, emissions, and the release of toxic substances. Evaluation of the site specific proposals will be based on the policies of the Comprehensive Plan and appropriate mitigation will take place on a case by case basis. City development standards including but not limited to the critical areas ordinance, shoreline master program regulations, and the Design and Construction Manuals, also provide additional protection for these types of impacts. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? The proposal is not likely affect plants, animals, fish, or marine life. However, as noted below, the City has development standards to provide protection for these types of impacts. Proposed measures to protect or conserve plants,animals,fish, or marine life are: Generally, the adopted Auburn Comprehensive Plan and critical areas ordinance seek to protect and conserve plants, animals, fish, and marine life. An environmental review under SEPA of all non-exempt development is conducted to measure impacts. Evaluation based Page 14 of 16 DI.E Page 260 of 293 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT on the policies of the Auburn Comprehensive Plan and appropriate mitigation will take place on a case-by-case basis. Policies within the Environment Chapter also provide guidance in the review of development proposals to encourage native vegetation be used and/or retained. This should support wildlife habitat areas, particularly near streams as the policies assist the city in addressing adverse runoff impacts to water quality and wildlife habitat since native plantings may require less pesticide use. City development standards including but not limited to the critical areas ordinance and the shoreline master program regulations also provide additional protection for these types of impacts. 3. How would the proposal be likely to deplete energy or natural resources? Future development will use natural gas and electricity and could result in increased automobile uses. However, there does not appear to be any significant adverse increases in the use of energy of natural resources resulting from the amendments being proposed to the existing comprehensive plan over what might occur under existing plan designations. Proposed measures to protect or conserve energy and natural resources are: None specifically, as this is a non-project action. However, in addition to the provisions of the Auburn Energy Management Plan (adopted in 1986), which encourages energy conservation in public buildings, street lighting, and recycling, the comprehensive plan places an emphasis on providing for alternative methods of travel to the automobile such as transit, walking, and biking. An environmental review under SEPA of all significant development will be conducted to measure the project impacts. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study)for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? Taken as a whole, there should not be any change in impacts from existing regulations on environmentally sensitive areas or areas designated for government protection. Regulations are in place to protect environmentally sensitive areas regardless of the use of the land or these proposed code amendments. Proposed measures to protect such resources or to avoid or reduce impacts are: The comprehensive plan and, in particular, the critical areas ordinance, seek to protect environmentally sensitive areas (wetlands, streams, geologically hazard areas, Floodplain,wildlife habitat, and aquifer recharge areas) and to reduce the impacts of development on them. The Auburn Comprehensive Plan provides for the implementation of innovative land management techniques to protect these resources. An environmental review under SEPA for all non-exempt development will be conducted to evaluate impacts. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Page 15 of 16 DI.E Page 261 of 293 Environmental Checklist (continued)TO BE COMPLETED BY APPLICANT Amendments can only be approved if it can be assured that future development is consistent with the Comprehensive Plan and its policies and related regulations. Those proposals that are not consistent with the comprehensive plan policies or other existing plans will not be approved. Proposed measures to avoid or reduce shoreline and land use impacts are: The comprehensive plan, critical areas ordinance, and other development regulations, such as the zoning ordinance and shoreline master program, seek to protect these land and shoreline resources and to reduce the effects of development on them. An environmental review under SEPA of all development that is non-exempt will also be conducted to evaluate a proposal's land use and environmental impacts. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? The proposed amendment could lead towards development that may increase demands on public services, the transportation network, and utilities. The City has adopted a traffic impact fee structure to address impacts to the transportation network. Proposed measures to reduce or respond to such demand(s) are: The Auburn Comprehensive Plan presently incorporates the 2013-2018 Capital Facilities Plan updated, which seeks to maintain a sufficient level of service for public services as development occurs. Also, the city actively engages in planning for public facilities. The Comprehensive Water Plan and Comprehensive Sewer Plan updates were adopted by the city in 2009 The Comprehensive Drainage Plan update was also adopted in 2009 The Comprehensive Transportation Plan was adopted in 2005 with updates during the 2006 and 2009 Comprehensive Plan amendment cycles. These plans help ensure that utility impacts are adequately monitored and evaluated on a project level and city-wide basis. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The proposal does not appear to present any conflict with local, state, or federal laws or requirements. Page 16 of 16 DI.E Page 262 of 293 Exhibit 6 ZOA13-0005 CITY OF x D-B uRN Peter B. Lewis, Mayor WASHINGTON 25 West Main Sireot * Auburn WA 98001-4998 WWW.auburnwa.gov * 253-931-3000 MEMORANDUM ' TO: Interested Parties FROM: Elizabeth Chamberlain AICP, Planning Manager Planning and Development Department DATE: August 5, 2013 RE: Notice of Determination of Non-Significance for the Amendment to Auburn City Code Title 18, Zoning Code, related to the C-1, Light Commercial Zone. Current File Nos. ZOA13-0005 and SEP13-0026 Please find enclosed a copy of the proposed determination of non-significance in accordance with 197-11-340(2) for the above referenced project. Also included are the following: 1 Environmental Checklist 2. Proposed Code Amendment to Auburn City Code, Title 18, Zoning If you have any questions regarding this process or would like to receive additional documentation on the proposed amendments, please contact Elizabeth Chamberlain AICP, Planning Manager at echamberlain(o)auburnwa.aov or at 253-931-3092. I i I AUBURN ' MORI: II-1AN YOU IMAGINEDDI.E Page 263 of 293 CITY OF 1 w Au-BURN Peter B. Lewis, Mayor WASHINGTON 25 West Main Stroet * Auburn WA 98001-4998 s www.cwbumwci.gov * 253-931-3000 Determination of Non-Significance SEP13-0026 and ZOA13-0005 Description of Proposal: Amendments to Title 18, Zoning, specifically the C-1, Light Commercial Zone. The proposed amendments revise the mixed-use standards and allow flexibility on when commercial is required when multi-family is constructed. Proponent: Elizabeth Chamberlain AICP, Planning Services Manager City of Auburn Planning and Development Department Location: City wide Lead Agency: City of Auburn The lead agency for this proposal has determined that it does not have probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. This DNS is issued under 197-11-340(2); the lead agency will not act on this proposal for 14 days from the date issued below. Comments must be submitted by 5:00 p.m. on August 19, 2013. Any person aggrieved of the City's determination may file an appeal with the Auburn City Clerk within 14 days of the close of the comment period, or by 5:00 p.m. on September 3, 2013. Responsible Official: Jeff Tate Position/Title: Interim Planning and Development Director Address: 25 West Main Street Auburn, Washington 98001 253-931-3090 Date Issued: August 5, 2013 Signature: Note: This determination does not constitute approval of the proposal. Approval of the i proposal can only be made by the legislative or administrative body vested with that I authority. The proposal will be required to meet all applicable regulations. I i AUBURN * MORI: THAN YOU IN-IAGINH)DI.E Page 264 of 293 Exhibit 7 ZOA13-0005 Elizabeth Chamberlain From: Jeff Tate Sent: Tuesday, July 23, 2013 10:04 AM To: Elizabeth Chamberlain Subject: Fwd: Lea Hill (C-1) Sent from my iPhone Begin forwarded message: From: Nicole Petrino-Salter<nicolepetrinosalterr(i)hotmaii.com> Date: July 23, 2013, 8:39:20 AM PDT To: "n back us @au burn wa.aov" <nbackusuauburnwa.eov>, "itater(bauburmva.Lov" itate a aubunnva."ov>, "iholmannauburnwa.cov" <jholman a auburmva.eov>, Iwalesnauburmva.aov" <IxvaIes @au burn wa.--ov> Subject: Lea Hill(C-1) Deputy Mayor Nancy Backus, Interim Planning Director Jeff Tate, Councilman John Holman, and Councilwoman Largo Wales: As the property owners of the 14+ acres zoned C-1 in the Lea Hill location bordering The Seasons apartments/commerciaUretail space, we appreciate your efforts on our behalf to address the City Code which stipulates all development in this zoning/location must contain 50% allocated for ground floor commercial/retail space for the mixed-use criteria. As most of you know, this 50% requirement was and is responsible for the dissolving of two contracts for the sales of our properties to a developer. It wasn't feasible when it first was introduced, and it's currently not feasible fiscally, economically, and location- wise. Last evening (July 22, 2013), Deputy Mayor Backus asked us if we had anything new to present besides what has been stated on record via personal visits to Mr. Tate and emails to both Nancy and Jeff. Mr. Rudy Terry felt compelled to emphasize we're at the mercy of all of you. May I take this time to give you a not- so-hypothetical situation . . . Living in the rural beauty of unincorporated Lea Hill, many of us have spent 20 to 40 years up here on the hill, most of our adult lives. Thinking this might just be where we spend the rest of our lives, we realized as neighbors sold their properties due to aging or deaths/inheritances, this would no longer be a rural area. Those of us with large animals became concerned about their well-being with more residential occupants and their curiosities. After annexation, we faced the realities of being "in the city" and watched as multiple houses continued (and continue) to be erected adjacent to our properties. When we collectively decided 1 DI.E Page 265 of 293 to sell to a developer who offered us prices we couldn't refuse, we signed contracts and began to plan for our futures. Some of our futures are on the shorter side of life. We've probably got one more move in us. Others of us yearn for the more rural lifestyles to accomodate large animals and pets. Most of us (not all) have spent a great deal of money on our homes, properties, and contributed to the economy in Auburn for many years. For some of us, our retirement depends on the sale of our property. To be stopped and/or hindered from selling our properties by a City Code seems unreasonable, but it has happened twice to us and leaves us with few options, if any. Last night the random percentage of 25% allotment for commerciat/retail space was suggested to illustrate there needed to be a new minimum percentage written into the code. As you no doubt realize, this number (25%) is excessive. Since The Seasons' percentage is at 18% and has two units vacant since its inception with the food market being subsidized to stay in business, how can it be reasonable to assume a higher or even a same percentage is realistic? With more vacancies at the small retail location adjacent to the 7/11 on 124th and 312th it's clear that Lea Hill has a surplus of empty retail1commercial space. The more retail/commercial (higher percentage) space required, the less likely it is that we will ever be able to sell our properties. What value is there for a developer to waste money on empty building space(s)? We're asking for what Nancy called "thinking outside the box". We're asking for a more reasonable percentage (based on the allotted empty spaces and subsidized space on Lea Hill) with flexible language to invite a developer to work with the city to accommodate both of their needs. Make that percentage too high and no developer will invest in a losing situation. If the code is too restrictive, the value of buildable land diminishes along with the offers/prices for our properties. If any of you were offered a price for your dwellings which you valued and could not refuse, after deciding for your needs you needed to relocate, would you appreciate the city making such unreasonable restrictions cementing the impossibility for you to sell to the buyer of your choice? This has happened to us more than once. We are landlocked. We are stuck. And it is because of the city's regulations for development. We realize this is a reiteration of all that's been presented to you, but we can't emphasize it enough. Time is truly running out for us. Money for development is tenuous at best. How long it will be available no one can say. We have what we consider a dire need, and without your assistance, understanding, and action we will remain stuck. The timeline presented at the meeting is clearly on a fast-track which we deeply appreciate. However, without the helpful language and much less restrictive requirements, we will be left with no options. 2 DI.E Page 266 of 293 Thank you for all that you've done so far, for hearing and listening, for taking the time out of your multi-level work issues to include our needs in your agendas. If we sound "desperate", it's because we are. Thank you. I would appreciate if you could let me know you've received this email. Thank you.) Respectfully, Nicole Peirino-Super http://hol)eofglory.typepad.com 3 DI.E Page 267 of 293 LAKETAPPS 18 18 MARYOLSONFARM AUBURNGAMEFARM AUBURNENVIRONMENTALPARK MOUNTAINVIEWCEMETERY BRANNANPARK SUNSETPARK GAMEFARMWILDERNESSPARK GSAPARK LEAHILLPARK ROEGNERPARK AUBURNNARROWSSTATEPARK NORTHGREENRIVERPARK HATCHERYNATURALAREA NEELYBRIDGENATURALAREA ISAACEVANSPARK FENSTERPROPERTY MILLPONDPARK CEDARLANESPARK LESGOVECOMMUNITYCAMPUS SOOSCREEKPARKANDTRAIL AUBURNDALEPARK YMCASPORTFIELDS FULMERPARK ROTARYPARK VETERANSMEMORIALPARK CAMERONPARK DORTHYBOTHELLPARK LAKELANDHILLSPARK SHAUGHNESSYPARK RIVERPOINTPARK JORNADAPARK DYKSTRAPARK GAINESPARK SCOOTIEBROWNPARK TERMINALPARK LEAHILLTENNISCOURTS BICENTENNIALPARK BALLARDPARK PIONEERCEMETARY INDIANTOMPARK CENTENNIALVIEWPOINTPARK FORESTVILLATOTLOT BSTREETPLAZA SLAUGHTERMEMORIALPARK 167 167 BUENAVISTASCHOOL AUBURNHIGHSCHOOL TOTEMMIDDLESCHOOL OLYMPICMIDDLESCHOOL RAINIERMIDDLESCHOOL CASCADEMIDDLESCHOOL SEQUOIAMIDDLESCHOOL VALLEYCHRISTIANSCHOOL 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ST SE V ST NW 21ST ST NE 108TH AVE SE SE 304TH WAY F O R E S T RI D G E D R S E 2ND ST NW 30TH ST SE 85TH AVE S 23RD ST SE 24TH ST SE AUBURN AVE NE 22ND ST SE H I G H L A N D D R S E H ST NE S 318TH ST SE 298TH PL PIKE ST NW 64TH AVE S G ST NE S R 1 8-W EST R A M P SUPERMALL DR SW 36TH ST SEO ST SE S K Y W A Y L N S E 58TH AVE S 42ND ST NW SE 282ND ST LUND RD SW D ST SW S 288TH ST TERRACE DR NW 16TH ST NE 17TH ST NE ELLINGSON RD SW 1 0 2 N D A V E S E SUPERMALL WAY SW V ST SE 126TH AVE SE HI CREST DR NW 51ST ST SE 19TH DR NE 10TH ST SE 49 TH ST NE 111TH PL SE 20TH ST SE F ST SW SE 295TH ST V CT SE NATHAN AVE SE SE 326TH PL E ST SW SE 286TH ST 37T H W AY SE 66TH ST SE 7 2 N D S T S E 148TH AVE SE Z ST SE 10 4T H P L SE 16TH ST SE 2ND ST SE 128TH PL SE 13TH ST SE 42ND ST NE G ST SW ELM ST SE B PL NW 73 RD S T S E 3RD ST NW S 312TH ST T ST NW 2 4 T H S T N W PEARL AVE SE S U M N E R - TA P P S H W Y E 6TH ST NW ELM LN SE SE 312TH WAY SE 294TH ST 118TH PL SE SE 294TH PL 57TH ST SE L ST NE S 2 9 2 N D S T 55TH PL S 9TH ST SE I S A A C A V E S E 1ST ST SW PERRY AVE SE 52ND PL S GINKGO ST SE 105TH AVE SE SE 285TH ST C H A R L O T T E A V E S E H A Z E L A V E S E 67TH LN SE 61ST ST SE 28TH ST SE SUPER MA LL AC RD SW T ST NE SE 307TH PL PANORAMA DR SE 15TH ST SE 109TH AVE SE J ST NE 11TH ST NE 20TH ST NE 63RD ST SE 14TH ST SE S 303RD PL SE 299TH PL 26TH ST NE 45T H ST N E SE 281ST ST HEATHER AVE SE SE 308TH PL RANDALL AVE SE SE 43RD ST U S T S E 6 0 T H S T S E K ST NE S 319TH ST SE 290TH PL 22ND ST NW 6TH ST SE 20TH ST NW 109TH PL SE R PL SE WARD AVE SE 61ST AVE S 52ND ST NE S 3 1 4 T H S T 19TH ST SE 57TH DR SE SE 289TH ST S 302ND PL SE 297TH ST 21ST ST SE LAKE TAPPS DR SE 3RD ST SW 33RD ST SE 30TH ST NW I PL NE 129TH PL SE N DIVISION ST SE 323RD ST 55TH ST SE S E 3 0 7 T H S T N ST SE PIKE ST SE DOGWOOD LN SE MILL P O N D L O O P SE S 324TH ST WESTERN AVE NW DOGWOOD DR SE OLYMPIC ST SE 111TH AVE SE D PL SE 114TH AVE SE F ST NW SE 292ND ST TERRACE VIEW LN SE 14TH ST NW 107TH PL SE 117TH PL SE 53RD PL S M D R N E G ST NW 42ND PL NE SE 306TH ST INDUSTRY DR SW 1 1 2 T H P L S E 5TH ST NE 134TH PL SE 12TH ST NE ORAV ETZ PL SE 110TH PL SE 18TH ST NE ORCHARD ST SE 35TH ST NE 8TH ST SW SE 302ND PL KATHERINE AVE SE SE 286TH PL JASMINE AVE SE F R A N C I S A V E S E 133RD AVE SE 1ST ST NE 59TH AVE S 43RD ST NE S 296TH PL SE 300TH ST 40TH ST NE 22ND WAY NE 63RD PL S 62ND LOOP SE 2ND ST NE FIR ST SE 9TH ST NE 27TH ST SE O CT SE JAMES AVE SE ELAINE AVE SE 3RD ST NE 66TH AVE S 130TH WAY SE KENNEDY AVE SE 19TH PL SE 107TH AVE SE UDALL AVE SE SE 308TH ST V PL SE SE 305TH PL S 307TH ST SE 288TH PL 56TH PL S SE 31 3 TH S T SE 314TH PL AABY DR NW GREEN RIVER ACRD SE SE 302ND ST SE 45TH ST 28TH CT SE 16TH ST NW 121ST PL SE S 297TH PL SE 293RD ST SE 318TH PL SE 313TH PL 1ST ST SE C PL SE O PL NE 71ST ST SE F P L N E 37TH PL SE 56 TH CT S DOUGLAS AVE SE 125TH AVE SE 120TH AVE SE 28TH PL SE 26TH ST NW SE 304TH PL 1 1 3 T H P L S E S 2 9 2 N D P L 5 8 T H W A Y S E S ST SE SE 315TH ST 10TH ST NW S 321ST ST 1 1 4 T H W A Y S E S 328TH ST S 329TH PL 49TH ST SE48TH C T S E SE 311TH ST SE 321ST PL 6 0 T H P L S FRANKLIN AVE SE SE 282ND WAY 67TH CT SE 11TH ST SE SE 320TH PL7TH ST NE 128TH AVE SE 124TH PL SE 65TH ST SE 3RD CT SE 2 1 S T S T N W SE 322ND PL 138TH AVE SE 44TH ST SE CEDAR DR SE 167TH AVE E W E S L E Y P L S E S 326TH LN S 320TH ST SE 309TH ST 122ND PL SE 178TH AVE E SE 325TH PL SE 315TH PL 181ST AVE E 122ND AVE SE 100TH AVE SE 13TH ST NE 70TH ST SE SE 305TH ST 23RD ST NE SE 306TH PL 123RD AVE SE 305TH PL SE E L I Z A B E T H L O O P S E U ST NE SE 324TH ST 171ST AVE E 54 TH PL S JORDAN AVE SE TRANSIT RD SW 8TH ST NW 5 T H S T S W 5 7 T H P L S E HAZEL L N SE S 294TH ST A N N E T T E AV E S E EVA N CT SE SE 322ND ST 129TH AVE SE 15TH ST CT 137TH AVE SE S E 2 9 1 S T S T LAURELWOOD RD S IRENE AVE SE 37TH CT SE 4TH PL NE J C T S E L PL SE 53RD AVE S SE 312TH PL SE 306TH CT SE 283RD ST O CT N E SE 30 8 TH CT L CT NE 59TH PL S SE 29 7 TH PL SE 324TH LN 115TH LN SE S 288TH PL 68TH ST SE S 336TH PL SE 317TH CT 17TH DR SE W PL NW SE 312TH CT M PL NE 51ST CT S JUNIPER LN SE C CT SE PIKE PL NE 26 TH P L N E S 344TH CT 56TH CT SE S 304TH ST G ST SE 108TH AVE SE SE 295TH ST M ST NE SE 29 0 TH PL 5TH ST NE 72ND ST SE S ST SE S 329TH PL SE 307TH ST D ST SE 1ST ST SE PIKE ST SE 65 T H S T S E 108TH AVE SE D ST NE S 328TH ST D ST NE G ST SE 10 8TH AVE SE O ST SE PIKE ST NE 67TH ST SE 7TH ST SE 2 8 T H S T S E 52ND AVE S 30TH ST NE 8TH ST NE R ST NE 1 6 T H S T N E 66TH ST SE S 288TH ST 107TH AVE SE SR 18-WEST RAMP 1ST ST NE 8TH ST SE 50TH ST SE 112TH AVE SE 6TH ST SE 55TH AVE S 9TH ST NE W ST NW H ST SE 4TH ST NE G ST NW 2 9 T H S T N W SR 167-SOUTH RAMP SE 288TH PL 124TH PL SE A ST NE 4TH ST SE 5 7 T H P L S 67TH ST SE 16TH ST NE SE 299TH ST F ST SE T ST SE 49TH ST SE E ST NE 24TH ST SE D ST NW B ST SE 20TH ST SE SR 167-SOUTH RAMP 21ST ST SE D ST SE 112TH PL SE 25TH ST SE A ST NW 15TH ST NE 51ST ST SE CHAR LOT TE AVE SE 17TH ST NE 14TH ST SE 56TH AVE S 10TH ST NE SR 167-NORTH RAMP 12TH ST NE 107TH AVE SE R ST NW 52ND AVE S SE 321ST PL 22ND ST SE 53RD PL S K ST NE PIKE ST NE F ST SE A ST NE I P L N E N ST NE 29TH ST NW DOGWOOD ST SE L ST SE PI KE ST N E K ST SE 4TH ST SW SE 320TH ST SR 167-NORTH RAMP I PL NE M S T N E SE 286TH ST 2ND ST SE I ST SE D ST SE C ST SE D ST SE 108TH AVE SE 118TH AVE SE 3RD ST NE N DIVISION ST O L I V E A V E S E J ST NE J ST SE S 292ND ST 28TH ST SE 23RD ST SE SE 305TH PL 15TH ST SE 57 TH ST SE 65TH ST SE L S T N E RIVERVIEW DR NE G ST SE SE 28 2 ND ST SE 299TH PL ELM ST SE 1ST ST NE R ST SE ELM ST SE 6 8 T H S T S E SR 18-WEST RAMP O ST NE 111TH AVE SE 47TH ST SE R ST NW T ST SE SE 295TH ST D ST SE 5TH ST NE 1 2 5 T H A V E S E SR 18-WEST R AMP S E 3 1 0 T H S T V ST NW SE 301ST ST 129TH AVE SE SE 282ND WAY 7TH ST NE 23RD ST SE K ST NE U ST NW 4 0 T H S T N E 52ND AVE S D ST SE SE 294TH ST L ST NE H ST NE SE 314TH PL K ST SE SE 286TH PL S E 3 2 6 T H P L O ST NE MONTEVISTA DR SE 17TH ST NE 5 7 T H P L S 32ND ST SE K ST NE HOWARD RD SE FIR ST SE SE 281ST ST SE 315TH PL A ST SE 2 4 T H S T S E SR 167-NORTH RAMP SE 302ND ST 116TH AVE SE 5 0 T H S T S E 55TH ST SE 51ST AVE S SE 288TH ST 55TH AVE S L ST SE 35TH WAY SE 56TH AVE S Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Map ID: 4095Printed On: 02/19/13 Economic Development Strategy Areas Auburn City Limits Potential Annexation Areas 15th ST Street SW/C Street SW/W Valley Highway A Stre et SE Corridor Auburn Environmental Park Developable Area Auburn Way North Corridor Auburn Way Sou th Corridor Green Zone M Stree t and Harvey Road Corridor Strate gy Are a Northwest Auburn SE 312th Stree t /124th Avenue SE Corridor Urban Center Urban Center Extended 1 INCH = 3,485 FEET Map 14.3 The location of economic development strategies areasare depicted generally based on city council discussionsand the precise boundaries will be established throughsubsequent planning actions.DI.E Page 268 of 293 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4986 Date: August 27, 2013 Department: Public Works Attachments: Memo Res 4986 Exhibit A Exhibit B Budget Impact: $0 Administrative Recommendation: Public Works Committee recommend that City Council adopt Resolution No. 4986. Background Summary: The City’s water supply plan is designed to provide adequate water to support expected population growth to the point when the City completely occupy’s its boundary. This point is know as full build-out and is expected to occur in approximately 2054. The water supply plan strategy to get the City to full build-out includes a combination of improving city owned water sources and purchasing wholesale water from other purveyors to meet the projected demands. The Cascade Water Alliance (Cascade) has water for sale and is making it available to the City at discounted rate utilizing the City’s existing connections with Tacoma Water (Tacoma). Cascade has two types of water supply available with the first being a permanent block of water known as the 4 Million Gallons per Day (MGD) of which the City would buy 2.5 million gallons per day (MGD). The second type is a temporary block of water known as the 6 MGD reserve supply of which Auburn would buy 2.736 MGD. The temporary 6 MGD reserve supply will need to be converted to permanent water at some point in the future. Converting temporary water to permanent water requires paying the difference between Cascade’s price and Tacoma’s permanent water system development costs. These costs are detailed in the reserve supply agreement. There are two purchase agreements accompanying the attached Resolution: Exhibit A permanent water supply agreement; Exhibit B reserve supply agreement. AUBURN * MORE THAN YOU IMAGINEDDI.F Page 269 of 293 Cascade Purchase Costs and Payment Structure l The cost for the 2.5 MGD (permanent supply) credit is $7,893,300.00 to be paid over 13 years with an interest rate of 3.2%. Payments begin in 2017. l The cost for the 2.736 MGD (temporary supply) credit is $1,427,864.00 to paid over 13 years with an interest rate of 3.2%. Payments begin in 2017. l For the permanent water purchase, Cascade has agreed to defer the City’s first payment until 2017. The payment schedule would not impact current rates and planned rate increases through 2016. l For the temporary water purchase, Cascade has also agreed to defer the City’s first payment until 2017. The combined payment schedules for both the combined permanent and temporary supply would not impact current rates and planned rate increases through 2016. l The City does not need to make a decision on payment for the temporary water supply until June 30, 2017. Reviewed by Council Committees: Finance, Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:September 3, 2013 Item Number:DI.F AUBURN * MORE THAN YOU IMAGINEDDI.F Page 270 of 293 1 Interoffice Memorandum Engineering Division To: City Council Members Pete Lewis, Mayor From: Dennis Dowdy, Public Works Director Date: September 3, 2013 Re: Cascade Water SDC Purchase Agreement Wholesale Water Purchase Process Review The Cascade Water Alliance (Cascade) purchased (i.e. paid the system development charges (SDC)) both permanent and temporary blocks of water from Tacoma Water (Tacoma). Cascade no longer needs this water and is willing to sell this water in the form of SDC credits. Those who purchase the credit can redeem them with Tacoma by entering into a wholesale water purchase agreement with Tacoma. Tacoma will honor the credits for the amount of water on the face of the credit. Cascade is offering to sell SDC credits to the City of Auburn for a discounted price. Cascade has two kinds of SDC credits available. The first is a credit for a permanent block of water and is known as the 4 Million Gallons per Day (MGD) credit of which Auburn is considering purchasing 2.5 MGD. The second type is for a temporary block of water known as the 6 MGD credit of which Auburn is considering to purchase 2.736 MGD. The important thing to note about the 6 MGD credit is that it will need to be converted to permanent water at some point in the future. Converting temporary water to permanent water requires paying the difference between the face value of the SDC credit and Tacoma’s permanent water SDC costs. Attached are purchase agreements for the two kinds of SDC credits. Cascade SDC Purchase Costs and Payment Structure The cost for the 2.5 MGD (permanent supply) credit is $7,893,300.00 to be paid over 13 years with an interest rate of 3.2%. Payments begin in 2017. The cost for the 2.736 MGD (temporary supply) credit is $1,427,864.00 to paid over 13 years with an interest rate of 3.2%. Payments begin in 2017. The detailed payment schedules are included in the attached agreements. Fiscal Impact to Utility · For the permanent water purchase, Cascade has agreed to defer the City’s first payment until 2017. The payment schedule would not impact current rates and planned rate increases through 2016. · For the temporary water purchase, Cascade has also agreed to defer the City’s first payment until 2017. The combined payment schedules for both the combined permanent and temporary supply would not impact current rates and planned rate increases through 2016. DI.F Page 271 of 293 2 · The City does not need to make a decision on payment for the temporary water supply until June 30, 2017. DI.F Page 272 of 293 RESOLUTION NO. 4 9 8 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS BETWEEN THE CITY OF AUBURN AND CASCADE WATER ALLIANCE FOR THE PURCHASE AND SALE OF CREDITS RELATING TO PERMANENT AND RESERVE WHOLESALE WATER SUPPLY CAPACITY WHEREAS, the City of Auburn has a duty and responsibility to provide water to its community; and WHEREAS, in February 2010, the City of Auburn entered into the 2010 Lake Tapps Area Water Resources Agreement that provided, among other things, for Cascade Water Alliance (Cascade) to assist the City in meeting its projected 50-year water supply needs; and WHEREAS, in February 2013, Cascade informed the City of the availability of a water supply opportunity; and WHEREAS, the City confirmed its desire to purchase a System Development Charge Credit from Cascade for both 4 Million Gallon per Day ("MGD") Permanent, and 6 MGD Reserve Wholesale Water Supply. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor and City Clerk are hereby authorized to execute Agreements between the City and Cascade Water Alliance for the Purchase and Sale of Credits Relating to Permanent and Reserve Wholesale Water Supply Capacity, which agreements shall be in substantial conformity with the agreements attached hereto as Exhibits A and B and incorporated herein by this reference. Resolution No. 4986 August 21, 2013 Page 1 of 2 DI.F Page 273 of 293 Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of 12013. CITY OF AUBURN PETER B LEWIS, MAYOR ATTEST- Danielle E. Daskam, City Clerk APPROVED AS TO FORM: 56 Darnel IT Heid, City Afforney Resolution No. 4986 August 21, 2013 Page 2 of 2 DI.F Page 274 of 293 Exhibit A D R A F T AGREEMENT FOR THE PURCHASE AND SALE OF CREDITS RELATING TO PERMANENT WHOLESALE WATER SUPPLY CAPACITY THIS AGREEMENT ("Agreement") is made and entered into as of this ___ day of _________ 2013 ("Effective Date"), by and between the City of Auburn, Washington ("Auburn"), and Cascade Water Alliance, a joint municipal utilities services authority organized under Chapter 39.106 RCW ("Cascade"). The City and Cascade are sometimes referred to collectively as the "Parties" and individually as a "Party." RECITALS WHEREAS, in 2005, in order to meet Cascade’s immediate and long-term water supply needs, Cascade purchased from Tacoma a supply of water both permanently and for a finite period of years pursuant to an "Agreement for the Sale of Wholesale Water"; WHEREAS, on February 5, 2010, Cascade and the Cities of Bonney Lake, Buckley, Sumner and Auburn entered the 2010 Lake Tapps Area Water Resources Agreement (the “Four Cities Agreement”) that provided, among other things, for Cascade to assist the four cities in meeting their projected 50-year water supply needs; WHEREAS, on December 31, 2012, Cascade and Tacoma entered the Amended and Restated Agreement for the Sale of Wholesale Water (the “Amended and Restated Agreement”) that provided, among other things, for Tacoma to make available to the four cities a water supply to be purchased directly from Tacoma as a wholesale customer and to recognize credit for the System Development Charges that Cascade had previously paid to Tacoma; WHEREAS, Cascade and Tacoma sent a letter, dated February 11, 2013, to inform Auburn of the availability of the “substitute” water supply opportunity and related time limitations and procedures for acting on the opportunity (“Joint Letter”); WHEREAS, Auburn timely approved, signed, and delivered the Confirmation Notice, dated May 21, 2013, to confirm Auburn’s election of the substitute supply opportunity and its desire to purchase a System Development Charge Credit from Cascade as to the 4 MGD Wholesale Water Supply (“Confirmation Notice”); and WHEREAS, the Joint Letter and Confirmation Notice are set forth in Exhibit A hereto and are incorporated by reference in this Agreement; NOW, THEREFORE, IN CONSIDERATION of the recitals stated above, which are incorporated herein, and the mutual covenants and conditions herein contained, the Parties agree as follows: DI.F Page 275 of 293 Page 2 of 8 AGREEMENT 1. Definitions. “4 MGD Wholesale Water Supply” means an average annual 4 MGD wholesale water supply from Tacoma, with a Peaking Factor of 1.33, and a maximum peak day of 5.32 MGD, all as provided in the Amended and Restated Agreement. “Amended and Restated Agreement” means the “Amended and Restated Agreement for the Sale of Wholesale Water” by and among Cascade and the City of Tacoma, Department of Public Utilities, Water Division, dated December 31, 2012. “Confirmation Notice” means the document, dated May 21, 2013, in which Auburn confirmed its election of the substitute supply opportunity in fulfillment of Cascade’s obligation in the Four Cities Agreement to assist with Auburn’s projected 50-year water supply needs (attached in Exhibit A). “Four Cities Agreement” means the "2010 Lake Tapps Area Water Resources Agreement among the Cities of Auburn, Bonney Lake, Buckley and Sumner, and Cascade Water Alliance," dated February 5, 2010. “MGD” means million gallons per day. “Joint Letter” means the letter, dated February 11, 2013, from Cascade and Tacoma to Cities of Auburn, Bonney Lake, Buckley and Sumner that is attached hereto in Exhibit A. “Notice of Confirmation of System Development Charge Credit” means a notice, given by Cascade to Tacoma at the request of Auburn, confirming the amount of the System Development Charge Credit (if any) to be applied to the System Development Charge otherwise due and payable by Auburn to Tacoma in connection with a wholesale water supply agreement. “System Development Charge” or “SDC" means the system development charge imposed upon wholesale customers by Tacoma in its wholesale water regulations. “System Development Charge Credit” means a credit to be applied in a wholesale water supply agreement against the System Development Charge otherwise due and payable by Auburn to Tacoma. The System Development Charge Credit is expressed in million gallons per day (MGD) units and in dollars. “Tacoma” means the City of Tacoma, Department of Public Utilities, Water Division. DI.F Page 276 of 293 Page 3 of 8 2. Term of Agreement. This Agreement takes effect on the first date that both Parties have duly approved, signed, and delivered the Agreement to the other Party. The term of the Agreement will commence on the effective date and will end on December 31, 2029 or the date that Auburn has fully paid Cascade for the price of the System Development Charge Credit consistent with Sections 3 and 4 of this Agreement. 3. Purchase of 4 MGD System Development Charge Credit & Price. Auburn agrees to purchase and Cascade agrees to sell a System Development Charge Credit regarding the 4 MGD Wholesale Water Supply in the quantity of 2.5 MGD annual supply capacity (3.32 MGD peak supply capacity). In consideration for said System Development Charge Credit, Auburn will pay to Cascade a total price of $7,893,300.00 as of the date that this Agreement takes effect. The parties agree that Auburn will pay interest at an annual rate of 3.2% on the balance due beginning in 2017 and continuing until the balance is fully paid and this Agreement terminates. Auburn will pay the total price by making an annual payment in 2017-2029 according to the annual payment schedule set forth in Section 4 below. This schedule incorporates interest at a rate of 3.2% on the balance due, beginning in 2017. Under this schedule the total of annual payments including interest is $10,105,806.00. 4. Annual Payment Schedule. Auburn will make annual installment payments to Cascade to pay for the System Development Charge Credit as to the 4 MGD Wholesale Water according to the following payment schedule: Payment Schedule Year Amount Year Amount 2014 0 2022 $934,805 2015 0 2023 $934,805 2016 0 2024 $934,805 2017 $252,586 2025 $934,805 2018 $252,586 2026 $934,805 2019 $252,586 2027 $934,805 2020 $934,805 2028 $934,805 DI.F Page 277 of 293 Page 4 of 8 2021 $934,805 2029 $934,805 Total $10,105,806 Each year the annual payment shall due and payable by Auburn to Cascade on or before June 30 of the year in which such payment is due. If full payment of any annual payment is not received by Cascade on or before the date due, such payment shall be considered past due, and the unpaid amount shall accrue additional interest, from the date due until the date paid, at a rate per day equal to 0.03 percent per day. Upon not less than fifteen (15) days' advance notice to Cascade, the City may in any given year prepay without penalty any one or more of the next successive annual payments. Upon such notice, Cascade will provide Auburn documentation of the amount due for such payment, and adjustments to any remaining payment schedule, net of related interest incorporated into the above payment schedule. 5. Notice of Confirmation of System Development Charge Credit. Within 30 days after this Agreement takes effect, Cascade will send to the Tacoma Water Superintendent a Notice of Confirmation of System Development Charge Credit regarding the 4 MGD Wholesale Water Supply in the quantity of 2.5 MGD annual supply capacity. Cascade will provide a copy of the Notice to Auburn when it is sent to Tacoma. 6. Wholesale Water Supply Purchase Negotiations with Tacoma. In order to use the System Development Charge Credit and secure a wholesale water supply from Tacoma, Auburn acknowledges that it must make an offer, complete negotiations, and enter a wholesale water supply agreement with Tacoma consistent with the Joint Letter and Confirmation Notice set forth in Exhibit A and with the Amended and Restated Agreement. Auburn acknowledges and agrees that Cascade makes no representations or warranties as to the outcome of such negotiations, the Tacoma wholesale water supply that Auburn may (or may not) be able to purchase, or otherwise. 7. Effect on Four Cities Agreement. The Parties agree that this Agreement constitutes full performance by Cascade of its obligations under Section 3(a) of the Four Cities Agreement. Accordingly, Section 3(a) of the Four Cities Agreement shall be of no further force or effect as between Cascade and Auburn. Other provisions of the Four Cities Agreement are unaffected by this Agreement and remain effective according to their terms. 8. Notices. All notices and payments hereunder may be delivered or mailed. If mailed, they shall be sent to the following respective addresses: Cascade Water Alliance: City of Auburn: DI.F Page 278 of 293 Page 5 of 8 520 112th Avenue NE, Suite 400 Bellevue, Washington 98004 Attn: Chief Executive Officer Phone: (425) 453-0930 Fax: (425) 425-453-0953 __________________ __________________ __________________ __________________ __________________ A Party may change its address from time to time by providing notice to the other Party. All notices and payments mailed by regular post (including first class) shall be deemed to have been given on the second business day following the date of mailing, if properly mailed and addressed. Notices and payments sent by certified or registered mail shall be deemed to have been given on the next business day following the date of mailing, if properly mailed and addressed. For all types of mail, the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing. 9. Dispute Resolution. In the event that any dispute arises between Cascade and Auburn, the aggrieved Party shall give a notice of the dispute to the other Party. Cascade and Auburn shall, within five (5) days of such notice, each nominate a senior officer of its management to meet at a mutually agreed location, to attempt to resolve such dispute. The Parties shall each designate a representative(s) to confer on the best and most cost effective way to resolve the dispute. By mutual agreement, they may choose direct negotiations or mediation. If there is no agreement between the Parties on how to proceed within thirty (30) days, either Party may pursue legal action; provided, however, no Party shall be precluded from filing an appeal or action to prevent the expiration of a time period for filing or any statute of limitations. If a Party fails to perform its obligations hereunder, then it shall be in default hereunder unless the defaulting Party cures an event of default, whether monetary or non-monetary, within thirty (30) days after receiving written notice from the other Party of such default. Subject to the procedures set forth in Section 9 (Dispute Resolution), if a Party is in breach or default of its obligations arising under this Agreement, the other Party shall have and shall be entitled to exercise any and all remedies available to it at law or in equity (including the right to specifically enforce this Agreement), all of which remedies shall be cumulative. 11. Attorneys’ Fees. If any Party shall be required to bring any action to enforce any provision of this Agreement, or shall be required to defend any action brought by the other Party with respect to this Agreement, and in the further event that one Party shall substantially prevail in such action, the losing Party shall, in addition to all other payments required therein, pay all of the prevailing Party’s reasonable costs in connection with such action, including such sums as the court or courts may adjudge reasonable as attorney’s fees in the trial court and in any appellate courts. 12. No Assignment. This Agreement is specific to the Parties and may not be assigned in whole or in part. DI.F Page 279 of 293 Page 6 of 8 13. Non-Waiver. No delay or failure by a Party to exercise any of its rights, powers or remedies under this Agreement following any breach by another Party shall be construed to be a waiver of any such breach, or any acquiescence therein, or of or in any similar breach thereafter occurring, nor shall any waiver of any single breach be deemed a waiver of any other breach theretofore or thereafter occurring. 14. No Third Party Beneficiary. This Agreement is for the sole and exclusive benefit of the Parties and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto. 15. Integrated Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings or agreements with respect thereto; provided, however, that this Agreement shall be interpreted or construed together with the Amended and Restated Agreement, the Joint Letter, and the Confirmation Notice. No modifications or amendments of this Agreement shall be valid or effective unless evidenced by an agreement in writing signed by the Parties. 16. Signature in Counterparts. This Agreement may be executed in counterparts and all of those counterparts taken together shall constitute one and the same instrument. 17. Representations of the Parties. Each Party represents and warrants that it has duly approved, executed, and delivered this Agreement and that it has all necessary authority to enter into this Agreement and to perform its terms and obligations. Each Party represents and warrants that the approval, execution, and delivery have been duly authorized by the appropriate board or council, and no other act or proceeding on the part of any Party is necessary to authorize entry into or performance of this Agreement. IN WITNESS WHEREOF, the Parties have duly executed this Agreement as of the Effective Date. DI.F Page 280 of 293 Page 7 of 8 City of Auburn: By: Title: Date: Cascade Water Alliance: By: Chuck Clarke Title: Chief Executive Officer Date: DI.F Page 281 of 293 Page 8 of 8 Exhibit A [Joint Letter signed by Cascade and Tacoma, dated February 11, 2013, and the Confirmation Notice signed by Auburn, dated May 21, 2013.] DI.F Page 282 of 293 Exhibit B D R A F T AGREEMENT FOR THE PURCHASE AND SALE OF CREDITS RELATING TO FINITE WHOLESALE WATER SUPPLY CAPACITY THIS AGREEMENT ("Agreement") is made and entered into as of this ___ day of _________ 2013 ("Effective Date"), by and between the City of Auburn, Washington ("Auburn"), and Cascade Water Alliance, a joint municipal utilities services authority organized under Chapter 39.106 RCW ("Cascade"). The City and Cascade are sometimes referred to collectively as the "Parties" and individually as a "Party." RECITALS WHEREAS, in 2005, in order to meet Cascade’s immediate and long-term water supply needs, Cascade purchased from Tacoma a supply of water both permanently and for a finite period of years pursuant to an "Agreement for the Sale of Wholesale Water"; WHEREAS, on February 5, 2010, Cascade and the Cities of Bonney Lake, Buckley, Sumner and Auburn entered the 2010 Lake Tapps Area Water Resources Agreement (the “Four Cities Agreement”) that provided, among other things, for Cascade to assist the four cities in meeting their projected 50-year water supply needs; WHEREAS, on December 31, 2012, Cascade and Tacoma entered the Amended and Restated Agreement for the Sale of Wholesale Water (the “Amended and Restated Agreement”) that provided, among other things, for Tacoma to make available to the four cities a water supply to be purchased directly from Tacoma as a wholesale customer and to recognize credit for the System Development Charges that Cascade had previously paid to Tacoma; WHEREAS, Cascade and Tacoma sent a letter, dated February 11, 2013, to inform Auburn of the availability of the “substitute” water supply opportunity and related time limitations and procedures for acting on the opportunity (“Joint Letter”); WHEREAS, Auburn timely approved, signed, and delivered the Confirmation Notice, dated May 21, 2013, to confirm Auburn’s election of the substitute supply opportunity and its desire to purchase a System Development Charge Credit from Cascade as to the 6 MGD Wholesale Water Supply (“Confirmation Notice”); WHEREAS, Cascade paid a capacity reservation fee to Tacoma that covers a portion of the System Development Charge for 6 MGD Wholesale Water Supply and Auburn will owe Tacoma the remaining balance of any System Development Charges for Auburn’s desired quantity, net of the credit purchased from Cascade under this Agreement; WHEREAS, the Joint Letter and Confirmation Notice are set forth in Exhibit A hereto and are incorporated by reference in this Agreement; and DI.F Page 283 of 293 Page 2 of 11 WHEREAS, the Parties have addressed the purchase of credits for the permanent, or 4 MGD Wholesale Water Supply, in a separate agreement, and the Parties set forth their agreement for purchase of credits for the 6 MGD Wholesale Water Supply in this Agreement. NOW, THEREFORE, IN CONSIDERATION of the recitals stated above, which are incorporated herein, and the mutual covenants and conditions herein contained, the Parties agree as follows: AGREEMENT 1. Definitions. “6 MGD Wholesale Water Supply” means an average annual of 6 MGD wholesale water supply from Tacoma, with a Peaking Factor of 1.33, and a maximum peak day of 7.98 MGD, all as provided in the Amended and Restated Agreement. The 6 MGD Wholesale Water Supply is the Tacoma supply of water for a finite period of years. “Amended and Restated Agreement” means the “Amended and Restated Agreement for the Sale of Wholesale Water” by and among Cascade and the City of Tacoma, Department of Public Utilities, Water Division, dated December 31, 2012. “Confirmation Notice” means the document, dated May 21, 2013, in which Auburn confirmed its election of the substitute supply opportunity in fulfillment of Cascade’s obligation in the Four Cities Agreement to assist with Auburn’s projected 50-year water supply needs (attached in Exhibit A). “Four Cities Agreement” means the "2010 Lake Tapps Area Water Resources Agreement among the Cities of Auburn, Bonney Lake, Buckley and Sumner, and Cascade Water Alliance," dated February 5, 2010. “MGD” means million gallons per day. “Joint Letter” means the letter, dated February 11, 2013, from Cascade and Tacoma to Cities of Auburn, Bonney Lake, Buckley and Sumner that is attached hereto in Exhibit A. “Notice of Confirmation of System Development Charge Credit” means a notice, given by Cascade to Tacoma at the request of Auburn , confirming the amount of the System Development Charge Credit (if any) to be applied to the System Development Charge otherwise due and payable by Auburn to Tacoma in connection with a wholesale water supply agreement. “System Development Charge” or “SDC" means the system development charge imposed upon wholesale customers by Tacoma in its wholesale water regulations. “System Development Charge Credit” means a credit to be applied in a wholesale water supply agreement against the System Development Charge otherwise due and payable by Auburn to Tacoma. The System Development Charge Credit is expressed in million gallons per day (MGD) units and in dollars. DI.F Page 284 of 293 Page 3 of 11 “Tacoma” means the City of Tacoma, Department of Public Utilities, Water Division. 2. Term of Agreement. This Agreement takes effect on the first date that both Parties have duly approved, signed, and delivered the Agreement to the other Party. The term of the Agreement will commence on the effective date and will end on December 31, 2029 or the date that Auburn has fully paid Cascade for the price of the System Development Charge Credit consistent with Sections 3 and 4 of this Agreement. In the event that Auburn elects not to confirm a quantity consistent with the terms of this Agreement or by notice selects a quantity of zero (0.000 MGD), then this Agreement will terminate. 3. Purchase of 6 MGD System Development Charge Credit & Price. Subject to Section 5 of this Agreement, Auburn agrees to purchase and Cascade agrees to sell a System Development Charge Credit regarding the 6 MGD Wholesale Water Supply in a maximum quantity of up to 2.763 MGD annual supply capacity (3.68 MGD peak supply capacity). Auburn shall confirm the specific quantity of the 6 MGD Wholesale Water Supply it will purchase in accordance with the procedure set forth in Section 5 below. Until Auburn confirms its System Development Charge Credit with Cascade consistent with Section 5 and enters a wholesale water supply agreement with Tacoma as set forth in the Joint Letter, Auburn will not have access to the 6 MGD Wholesale Water Supply. After Auburn has confirmed its System Development Charge Credit with Cascade consistent with Section 5 and entered a wholesale water supply agreement with Tacoma, then Auburn may begin to take delivery of wholesale water from Tacoma. In consideration for said System Development Charge Credit, Auburn will pay to Cascade a total price of $1,427,864.00, as of the date that this Agreement takes effect, for the quantity of 2.763 MGD annual supply capacity (3.68 MGD peak supply capacity). The parties agree that Auburn will pay interest at an annual rate of 3.2% on the balance due beginning in 2017 and continuing until the balance is fully paid and this Agreement terminates. Auburn will pay the total price by making an annual payment in 2017-2029 according to the annual payment schedule set forth in Section 4 below. This schedule incorporates interest at a rate of 3.2% on the balance due, beginning in 2017. Under this schedule the total of annual payments including interest is $1,977,128.00. In the event that Auburn confirms an amount less than the maximum quantity of 2.763 MGD annual supply capacity (3.68 MGD peak supply capacity), the total applicable price and payment schedule will be adjusted downward on a pro rata basis. If Auburn elects not to confirm a quantity, or by notice selects a quantity of zero (0.000 MGD), then no payment shall be due. 4. Annual Payment Schedule. Auburn will make annual installment payments to Cascade to pay for the System Development Charge Credit as to the 6 MGD Wholesale Water Supply. In the event that Auburn purchases a System Development Charge Credit in the quantity of 2.763 MGD annual supply capacity (3.68 MGD peak supply capacity), then the following payment schedule shall apply: DI.F Page 285 of 293 Page 4 of 11 Payment Schedule Year Amount Year Amount 2014 0 2022 $45,692 2015 0 2023 $45,692 2016 0 2024 $45,692 2017 $45,692 2025 $45,692 2018 $45,692 2026 $45,692 2019 $45,692 2027 $506,736 2020 $45,692 2028 $506,736 2021 $45,692 2029 $506,736 Total $1,977,128 In the event that Auburn purchases a System Development Charge Credit in a quantity less than 2.763 MGD annual supply capacity, then the Parties shall calculate and determine the applicable total price and payment schedule and the Parties shall agree on an updated payment schedule that will be documented as Exhibit B to this Agreement. Each year the annual payment shall due and payable by Auburn to Cascade on or before June 30 of the year in which such payment is due. If full payment of any annual payment is not received by Cascade on or before the date due, such payment shall be considered past due, and the unpaid amount shall accrue interest, from the date due until the date paid, at a rate per day equal to 0.03 percent per day. Upon not less than fifteen (15) days' advance notice to Cascade, the City may in any given year prepay without penalty any one or more of the next successive annual payments. Upon such notice, Cascade will provide Auburn documentation of the amount due for such payment, and adjustments to any remaining payment schedule, net of related interest incorporated into the above payment schedule. 5. Auburn Confirmation of Purchase Quantity & Termination Right On or before June 30, 2017, Auburn shall give notice to Cascade as to the specific quantity of the System Development Charge Credit that it will purchase, up to a maximum of 2.763 MGD annual supply capacity (3.68 MGD peak supply capacity). Auburn’s notice must identify and confirm one of the following three courses of action: DI.F Page 286 of 293 Page 5 of 11 a) Auburn confirms purchase of a System Development Charge Credit in the quantity of 2.763 MGD annual supply capacity (3.68 MGD peak supply capacity). b) Auburn confirms purchase of a System Development Charge Credit in a specific quantity less than 2.763 MGD annual supply capacity (peak supply capacity to be determined by Cascade). c) Auburn confirms that it will not purchase an SDC Credit as to the 6 MGD Wholesale Water Supply, in which event this Agreement shall terminate and, except for Section 9, be of no further force or effect. If Auburn fails to give such notice to Cascade by June 30, 2017, or by notice selects a quantity of zero (0.000 MGD), then no payment shall be due and this Agreement will terminate. . In order to facilitate communications, the Parties agree to meet and confer during the month of March 2017, or before, about status of water supply planning and this Agreement. 6. Notice of Confirmation of System Development Charge Credit. Within 30 days after Auburn gives its notice to Cascade under Section 5 of this Agreement, Cascade will send to the Tacoma Water Superintendent a Notice of Confirmation of System Development Charge Credit regarding the 6 MGD Wholesale Water Supply. Cascade will provide a copy of the Notice to Auburn when it is sent to Tacoma. 7. Terms and Conditions of 6 MGD System Development Charge Credit. Auburn acknowledges that, as stated in the Amended and Restated Agreement, Cascade has paid to Tacoma a capacity reservation fee (i.e., $1,570,074.00 per MGD) for the 6 MGD Wholesale Water Supply that Tacoma will recognize as an System Development Charge Credit if all requirements of the Amended and Restated Agreement and the Joint Letter are met. However, the capacity reservation fee paid to Tacoma by Cascade covers only a portion of the System Development Charge for the 6 MGD Wholesale Water Supply. Accordingly, Auburn specifically acknowledges and agrees that it will pay Tacoma the remaining balance of any System Development Charges owing for Auburn’s desired quantity, net of the SDC Credit obtained from Cascade. Auburn specifically acknowledges and agrees that Tacoma’s SDC could increase and that Auburn will bear any increase in Tacoma’s SDCs that may take effect before Auburn and Tacoma enter a wholesale water supply agreement. Auburn understands that additional SDC payments to Tacoma will be required to convert the 6 MGD Wholesale Water Supply to permanent supply, in the event Auburn elects to do so pursuant to a future Auburn-Tacoma agreement. As an example calculation of Auburn’s combined costs based on Tacoma’s current SDC, the Parties have included an illustrative example in Exhibit C attached hereto. Exhibit C is not binding on any Party or Tacoma, and Exhibit C contains assumptions about Tacoma’s SDC and interest rates in the future that may or may not turn out to be accurate. Accordingly, Cascade makes no representations or warranties about the accuracy of Exhibit C. DI.F Page 287 of 293 Page 6 of 11 8. Wholesale Water Supply Purchase Negotiations with Tacoma. In order to use the System Development Charge Credit and secure a wholesale water supply from Tacoma, Auburn acknowledges that it must make an offer, complete negotiations, and enter a wholesale water supply agreement with Tacoma consistent with the Joint Letter and Confirmation Notice set forth in Exhibit A and with the Amended and Restated Agreement. Auburn acknowledges and agrees that Cascade makes no representations or warranties as to the outcome of such negotiations, the Tacoma wholesale water supply that Auburn may (or may not) be able to purchase, or otherwise. 9. Effect on Four Cities Agreement. The Parties agree that this Agreement constitutes full performance by Cascade of its obligations under Section 3(a) of the Four Cities Agreement. Accordingly, Section 3(a) of the Four Cities Agreement shall be of no further force or effect as between Cascade and Auburn. Other provisions of the Four Cities Agreement are unaffected by this Agreement and remain effective according to their terms. This section 9 shall survive termination of the Agreement in the event that Auburn elects not to purchase an SDC Credit. 10. Notices. All notices and payments hereunder may be delivered or mailed. If mailed, they shall be sent to the following respective addresses: Cascade Water Alliance: 520 112th Avenue NE, Suite 400 Bellevue, Washington 98004 Attn: Chief Executive Officer Phone: (425) 453-0930 Fax: (425) 425-453-0953 City of Auburn: __________________ __________________ __________________ __________________ __________________ A Party may change its address from time to time by providing notice to the other Party. All notices and payments mailed by regular post (including first class) shall be deemed to have been given on the second business day following the date of mailing, if properly mailed and addressed. Notices and payments sent by certified or registered mail shall be deemed to have been given on the next business day following the date of mailing, if properly mailed and addressed. For all types of mail, the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing. 11. Dispute Resolution. In the event that any dispute arises between Cascade and Auburn, the aggrieved Party shall give a notice of the dispute to the other Party. Cascade and Auburn shall, within five (5) days of such notice, each nominate a senior officer of its management to meet at a mutually agreed location, to attempt to resolve such dispute. The Parties shall each designate a representative(s) to confer on the best and most cost effective way to resolve the dispute. By DI.F Page 288 of 293 Page 7 of 11 mutual agreement, they may choose direct negotiations or mediation. If there is no agreement between the Parties on how to proceed within thirty (30) days, either Party may pursue legal action; provided, however, no Party shall be precluded from filing an appeal or action to prevent the expiration of a time period for filing or any statute of limitations. If a Party fails to perform its obligations hereunder, then it shall be in default hereunder unless the defaulting Party cures an event of default, whether monetary or non-monetary, within thirty (30) days after receiving written notice from the other Party of such default. Subject to the procedures set forth in Section 9 (Dispute Resolution), if a Party is in breach or default of its obligations arising under this Agreement, the other Party shall have and shall be entitled to exercise any and all remedies available to it at law or in equity (including the right to specifically enforce this Agreement), all of which remedies shall be cumulative. 12. Attorneys’ Fees. If any Party shall be required to bring any action to enforce any provision of this Agreement, or shall be required to defend any action brought by the other Party with respect to this Agreement, and in the further event that one Party shall substantially prevail in such action, the losing Party shall, in addition to all other payments required therein, pay all of the prevailing Party’s reasonable costs in connection with such action, including such sums as the court or courts may adjudge reasonable as attorney’s fees in the trial court and in any appellate courts. 13. No Assignment. This Agreement is specific to the Parties and may not be assigned in whole or in part. 14. Non-Waiver. No delay or failure by a Party to exercise any of its rights, powers or remedies under this Agreement following any breach by another Party shall be construed to be a waiver of any such breach, or any acquiescence therein, or of or in any similar breach thereafter occurring, nor shall any waiver of any single breach be deemed a waiver of any other breach theretofore or thereafter occurring. 15. No Third Party Beneficiary. This Agreement is for the sole and exclusive benefit of the Parties and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto. 16. Integrated Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings or agreements with respect thereto; provided, however, that this Agreement shall be interpreted or construed together with the Amended and Restated Agreement, the Joint Letter, and the Confirmation Notice. No modifications or amendments of this Agreement shall be valid or effective unless evidenced by an agreement in writing signed by the Parties. DI.F Page 289 of 293 Page 8 of 11 17. Signature in Counterparts. This Agreement may be executed in counterparts and all of those counterparts taken together shall constitute one and the same instrument. 18. Representations of the Parties. Each Party represents and warrants that it has duly approved, executed, and delivered this Agreement and that it has all necessary authority to enter into this Agreement and to perform its terms and obligations. Each Party represents and warrants that the approval, execution, and delivery have been duly authorized by the appropriate board or council, and no other act or proceeding on the part of any Party is necessary to authorize entry into or performance of this Agreement. IN WITNESS WHEREOF, the Parties have duly executed this Agreement as of the Effective Date. City of Auburn: By: Title: Date: Cascade Water Alliance: By: Chuck Clarke Title: Chief Executive Officer Date: DI.F Page 290 of 293 Page 9 of 11 Exhibit A [Joint Letter signed by Cascade and Tacoma, dated February 11, 2013, and the Confirmation Notice signed by Auburn, dated May 21, 2013.] DI.F Page 291 of 293 Page 10 of 11 Exhibit B Updated Annual Payment Schedule (To be completed by the Parties in the event Auburn confirms the purchase of an SDC credit in a quantity less than 2.763 MGD annual supply capacity) Year Amount 2014 0 2015 0 2016 0 2017 $______ 2018 $______ 2019 $______ 2020 $______ 2021 $______ 2022 $______ 2023 $______ 2024 $______ 2025 $______ 2026 $______ 2027 $______ 2028 $______ 2029 $______ Total $________ DI.F Page 292 of 293 Page 11 of 11 Exhibit C Illustrative Example of Total Auburn SDC Payments for Reserve Capacity Year Payment to Cascade Estimated Payment to Tacoma Total Estimated SDC Payment 2014 $0 $0 $0 2015 $0 $0 $0 2016 $0 $0 $0 2017 $45,692 $234,283 $279,974 2018 $45,692 $234,283 $279,974 2019 $45,692 $234,283 $279,974 2020 $45,692 $1,183,994 $1,229,686 2021 $45,692 $1,183,994 $1,229,686 2022 $45,692 $1,183,994 $1,229,686 2023 $45,692 $1,183,994 $1,229,686 2024 $45,692 $1,183,994 $1,229,686 2025 $45,692 $1,183,994 $1,229,686 2026 $45,692 $1,183,994 $1,229,686 2027 $506,736 $0 $506,736 2028 $506,736 $0 $506,736 2029 $506,736 $0 $506,736 Notes: 1) Estimated Payment to Tacoma is based on the following assumptions which are not assured: a) the current SDC; b) an interest rate of 3.2%; and c) a note term of 10 years structured with the first three years bearing only interest payments. Actual payments will be subject to Auburn’s completion of a wholesale supply agreement with Tacoma and related terms. 2) Does not include estimates of actual water rates for wholesale service from Tacoma. DI.F Page 293 of 293