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Home My WebLink About02-19-2013 2-19-2013 COUNCIL AGENDA PACKET City Council Meeting February 19, 2013 - 7:30 PM Auburn City Hall AGENDA Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I.CALL TO ORDER A.Flag Salute B.Roll Call C.Announcements, Appointments, and Presentations 1. Goodwill Ambassadors Proclamation* Mayor Lewis to proclaim Miss Auburn Program's 2013 title holders: Victoria Knight, Miss Auburn 2013 and Amanda Enz, Miss Auburn's Outstanding Teen 2013, as "GOODWILL AMBASSADORS FOR THE CITY OF AUBURN" 2. More Than We Imagined Award - Diane Rupert Mayor Lewis and City Council to honor and recognize Diane Rupert for her work with the City of Aubur's 2012 Tree of Giving Program. D.Agenda Modifications II.CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A.Public Hearings 1. Public Hearing for Resolution No. 4900* (Backus/Snyder) City Council to conduct a public hearing to receive public comments, proposals and suggestions on Resolution No. 4900, declaring certain real property as no longer needed for utility purposes, declaring a portion of that property as surplus, and authorizing its disposal. B.Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. C.Correspondence There is no correspondence for Council review. III.COUNCIL COMMITTEE REPORTS A.Municipal Services 1. February 11, 2013 Meeting Minutes* (Peloza) B.Planning & Community Development Page 1 of 436 1. Minutes - February 11, 2013* (Backus) C.Public Works 1. February 4, 2013 Minutes* (Wagner) D.Finance 1. February 4, 2013 Minutes* (Partridge) E.Les Gove Community Campus F.Council Operations Committee IV.CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A. February 4, 2013 Meeting Minutes* B. Claims Vouchers (Partridge/Coleman) Claims check numbers 420355 through 420664 in the amount of $4,309,850.92 and dated February 19, 2013. C. Payroll Vouchers (Partridge/Coleman) Payroll check numbers 533602 through 533631 in the amount of $843,431.35 and electronic deposit transmissions in the amount of $1,190,039.16 for a grand total of $2,033,470.51. D. Bad Debt Write Off - Parks, Arts & Recreation* (Partridge/Faber) City Council approve the write off of outstanding Parks, Arts & Recreation accounts in the amount of $3,641.00. V.UNFINISHED BUSINESS There is no unfinished business. VI.NEW BUSINESS There is no new business. VII.ORDINANCES A. Ordinance No. 6428* (Peloza/Dowdy) An Ordinance of the City Council of the City of Auburn, Washington, amending Sections 2.75.040 and 2.75.060 of the Auburn City Code relating to the Director of Emergency Management B. Ordinance No. 6451* (Partridge/Coleman) An Ordinance of the City of Auburn, Washington, relating to the combined utility systems of the City; providing for the issuance of one or more series of utility system revenue bonds of the City in the aggregate principal amount of not to exceed $13,000,000.00 (1) to pay a portion of the cost of certain improvements described herein, (2) to make a deposit to the debt service reserve account, and (3) to pay the costs of issuance and sale of the bonds; fixing or setting parameters Page 2 of 436 with respect to certain terms and covenants of the bonds; appointing the City's designated representative to approve the final terms of the sale of the bonds; and providing for other related matters C. Ordinance No. 6453* (Backus/Snyder) An Ordinance of the City Council of the City of Auburn, Washington, approving the request of HCA Management LLC for rezoning of the northern 5.95 acres of a parcel from P1, Public Use to MHC, residential Mobile Home Community to implement the Comprehensive Plan and amending the City's zoning maps D. Ordinance No. 6454* (Backus/Snyder) An Ordinance of the City Council of the City of Auburn, Washington, approving the request of the Auburn School District for rezoning of two parcels totaling approximately 0.63 acres located SE of the Auburn High School from RO, Residential Office to I, Institutional and to change twelve parcels totaling approximately 1.74 acres located NW of the high school from R-20, Residential to I, Institutional to implement the Comprehensive Plan and amending the City's zoning maps E. Ordinance No. 6455* (Backus/Snyder) An Ordinance of the City Council amending Sections 13.41.040, 19.02.070, 19.04.040, 19.06.040 and 19.08.030 of the Auburn City Code related to deferral of payment of impact fees and system development charges VIII.RESOLUTIONS A. Resolution No. 4900* (Backus/Snyder) A Resolution of the City Council of the City of Auburn, Washington, declaring certain real property as no longer needed for utility purposes, declaring a portion of that property as surplus, and authorizing its disposal B. Resolution No. 4901* (Backus/Snyder) A Resolution of the City Council authorizing the Mayor and City Clerk to execute a Purchase and Sale Agreement between the City of Auburn and River Mobile Estate for real property C. Resolution No. 4905* (Backus/Snyder) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Interlocal Agreement between the City of Auburn, King County, and the King County Flood Control Zone District for easements associated with the Reddington Levee Extension and Setback Project D. Resolution No. 4906* (Partridge/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, declaring certain items of property as surplus and authorizing their disposal E. Resolution No. 4907* (Peloza/Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an amended and restated interlocal agreement between the City of Auburn and King County for solid waste management F. Resolution No. 4909* (Backus/Heid) A Resolution of the City Council of the City of Auburn, Washington, amending the Page 3 of 436 City Council Rules of Procedure as adopted by Ordinance No. 5802 and amended by Resolution Nos. 4282, 4429, 4467, 4615, 4686, 4740 and 4813 G. Resolution No. 4910* (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to accept a federal grant to be administered through the Washington State Department of Transportation for the 37th Street and B Street NW Pre-Signal Project H. Resolution No. 4912* (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to accept a federal grant to be administered through the Washington State Department of Transportation for the West Valley Highway System Preservation Project I. Resolution No. 4914* (Backus/Snyder) A Resolution of the City Council of the City of Auburn, Washington, authorizing the dedication of a portion of City-owned property as City Right-of-Way J. Resolution No. 4915* (Backus/Snyder) A Resolution of the City of Auburn, Washington, ratifying the amendments to the King County Countywide Planning Policies for consistency with Vision 2040 IX. REPORTS At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A. From the Council B. From the Mayor X.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 4 of 436 AGENDA BILL APPROVAL FORM Agenda Subject: Public Hearing for Resolution No. 4900 Date: February 12, 2013 Department: Planning and Development Attachments: Resolution No. 4900 Map Budget Impact: $0 Administrative Recommendation: City Council to conduct a public hearing to receive public comment, proposals, and suggestions on Resolution No. 4900. Background Summary: Resolution No. 4900 would authorize the surplus of approximately 9.35 acres of City-owned property referred to as the "Former Crista Ministries Property". RCW 35.94.040 (Lease or sale of land or property originally acquired for public utility purposes) specifies that when "whenever a city shall determine, by resolution of its legislative authority, that any lands, property,or equipment originally acquired for public utility purposes is surplus to the city's needs and is not required for providing continued public utility service, then such legislative authority by resolution and after a public hearing may cause such lands, property, or equipment to be leased, sold, or conveyed. Such resolution shall state the fair market value or the rent or consideration to be paid and such other terms and conditions for such disposition as the legislative authority deems to be in the best public interest." The required public hearing provides an opportunity for any interested parties to make comments or suggestions prior to final adoption of Resolution No. 4900. Reviewed by Council Committees: Planning And Community Development, Public Works Councilmember:Backus Staff:Snyder Meeting Date:February 19, 2013 Item Number:PH.1 AUBURN * MORE THAN YOU IMAGINEDPH.1 Page 5 of 436 ---------------------------- Resolution No. 4900 January 10, 2013 Page 1 of 3 RESOLUTION NO. 4900 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DECLARING CERTAIN REAL PROPERTY AS NO LONGER NEEDED FOR UTILITY PURPOSES, DECLARING A PORTION OF THAT PROPERTY AS SURPLUS, AND AUTHORIZING ITS DISPOSAL WHEREAS, the City of Auburn owns a certain piece of real property identified as King County Tax Parcel Number 0004000098 and commonly known as 3460 I Street, NE, Auburn, Washington 98002 that was originally purchased for use by the City’s Storm Drainage Utility; and, WHEREAS, City staff has notified the City Council that that this property is no longer needed for storm drainage purposes; and WHEREAS, as required by RCW 35.94.040, the City held a public hearing on the matter of whether the property is no longer required for utility purposes; and, WHEREAS, in connection with the King County Flood Control Zone District’s Reddington Levee Project (“Levee Project”), a mobile home park located north of the property will lose approximately 16 mobile home spaces for its residents, and the owner of that mobile home park has approached the City with a request to purchase a portion of the property in order to continue to provide housing options to the park’s residents; and, WHEREAS, the remainder of the property not sold to the mobile home park will be used to replace park property that is displaced by the Levee Project; and, PH.1 Page 6 of 436 ---------------------------- Resolution No. 4900 January 10, 2013 Page 2 of 3 WHEREAS, it would be appropriate to surplus the property and dispose of it by auction or other sale mechanism, or to dispose of it, in whole or in part, through gift to another governmental agency or an appropriate charitable non- profit entity, as deemed most expedient by the Mayor. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON HEREBY RESOLVES as follows: Section 1. That the property identified below is declared to no longer be required for utility purposes. Additionally, the property is hereby declared to be surplus. Section 2. The Mayor is authorized to dispose of all or a portion of the real property described below, and to convey such property through appropriate sale or other disposition. Lot D of City of Auburn Short PIat No. 20-80, as recorded under Survey Number 8101079005, and corrected by affidavit under Recording Number 8104280802, being a portion of the Harvey H. Jones Donation Land Claim located in Section 6, Township 21 North, Range 5 East, W...M., in King County, Washington; TOGETHER WITH an easement for ingress and egress as provided in instrument recorded under Recording Number 8402020439 and clarified by instrument recorded under Recording Number 9007311728 King County Tax Parcel Number: 000400-0098 Section 3. That the property to be sold to the mobile home park shall be sold for a price to be negotiated through a purchase and sale agreement that shall be approved by separate Resolution; Section 4. That the portion of the property not sold to the mobile home park shall be transferred in the records of the City to the City’s Parks, Arts and PH.1 Page 7 of 436 ---------------------------- Resolution No. 4900 January 10, 2013 Page 3 of 3 Recreation Department. The City Council finds that the transfer of the obligation to manage the property, along with the continued use of some of the property for stormwater conveyance, treatment, and storage purposes is adequate consideration to the utility for the transfer. Section 5. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation, including conveying with the property to be sold to the mobile home park such easements as may be appropriate for their intended use. Section 6. 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 APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney PH.1 Page 8 of 436 PH.1 Page 9 of 436 AGENDA BILL APPROVAL FORM Agenda Subject: February 11, 2013 Meeting Minutes Date: February 14, 2013 Department: Police Attachments: February 11, 2013 Meeting Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Peloza Staff: Meeting Date:February 19, 2013 Item Number:MS.1 AUBURN * MORE THAN YOU IMAGINEDMS.1 Page 10 of 436 Municipal Services Committee February 11, 2013 - 3:30 PM City Hall Council Conference Room MINUTES I. CALL TO ORDER Chair Peloza called the meeting to order at 3:30 p.m. in the Council Conference Room of City Hall, 25 West Main Street, Auburn, WA. A. Roll Call Members present: Chair Bill Peloza, Vice Chair Wayne Osborne, Member John Partridge. Staff present: Mayor Pete Lewis, Chief of Police Bob Lee, Public Works Director Dennis Dowdy, Finance Director Shelley Coleman, Parks, Arts and Recreation Director Daryl Faber, City Attorney Dan Heid, Assistant City Attorney Steven Gross, Solid Waste and Recycling Supervisor Joan Nelson and Police Secretary/Scribe Terry Mendoza. Others present: Auburn Reporter representative Robert Whale and citizens Scot Pondelick, Virginia Haugen, Sandra Dolge, Peggy Candill, Luis Lopez, Skee Goforth, Allen Sang Van, Jason Letran, Thai Pham, Thom Stoddert, Tony Ton and Roger Olson. B. Announcements C. Agenda Modifications II. CONSENT AGENDA A. January 28, 2013 Meeting Minutes Vice Chair Osborne moved to accept the Minutes as presented. Member Partridge seconded. Chair Peloza concurred. MOTION PASSED: 3-0 III. ACTION A. Ordinance No. 6428 (Dowdy) An Ordinance of the City Council of the City of Auburn, Washington, amending sections 2.75.040 and 2.75.060 of the Auburn City Code relating to the Director of Emergency Management. The City recently reorganized and Emergency Management is now under Public Works; however, in order to have an effective Emergency Management Page 1 of 4 MS.1 Page 11 of 436 Committee you need to have the Chief of Police involved and updates to this Ordinance provide the City more flexibility in the code allowing for the Mayor to determine and appoint the Director of Emergency Management. Committee discussion followed. Vice Chair Osborne moved to forward to full Council for consideration. Member Partridge seconded. Chair Peloza concurred. MOTION PASSED: 3-0 B. Resolution No. 4907 (Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an amended and restated Interlocal Agreement between the City of Auburn and King County for Solid Waste Management. This extends the ILA out to 2040 for debt service and capital improvement purposes mainly. This was previously discussed at a meeting of the Municipal Services Committee. Vice Chair Osborne moved to forward to full Council for consideration. Member Partridge seconded. Chair Peloza concurred. MOTION PASSED: 3-0 IV. DISCUSSION ITEMS A. Ordinance No. 6398 Pull Tabs (Heid) At the request of last year's Municipal Services Committee this item was brought back for discussion to determine if any changes need to be made to this Ordinance based on the status of the economy. Dan Heid, City Attorney advised that our Ordinance is identical to the State's statute on the amount of taxes that can be imposed on pull- tab games. Finance Director Shelley Coleman reported that there has been approximately a fifty percent (50%) reduction in revenue which is what was projected when the changes were implemented. No changes were recommended at this time since our Ordinance is in line with the State law. Committee discussion followed. B. Bad Debt Write Off - Parks, Arts & Recreation (Faber) Daryl Faber, Director for Parks, Arts and Recreation advised that after a financial review of the Park's department it was decided that they needed to write off their bad debt that has been accumulated over the last decade. The total amount was $3,641.00 and includes facility fees, program fees, NSF and bank fees. Committee discussion followed. C. Vietnamese Veterans Memorial (Faber) Page 2 of 4 MS.1 Page 12 of 436 Daryl Faber, Director for Parks, Arts and Recreation, advised the committee on a preliminary project for a joint American Vietnamese War Memorial that would potentially be located in Veterans Park. Thom Stoddert, retired military member who works closely with the Vietnamese community and is a freelance writer for Veteran's Affairs, along with Roger Olson who is a chaplain and past Commander with the Auburn American Legion, were introduced and provided input on what has been discussed to date on the project. Mayor Lewis commented that details need to be worked out so as not to be in conflict with any current memorials in place at the park and City Council committees will be part of the efforts, as well. Committee discussion followed. D. Animal Control and Rescue (Lee) Police Chief Bob Lee presented an overview on activity statistics for the first month of Animal Control operations. The focus was on education for Auburn citizens on the new program, therefore no citations or infractions were issued. Stats show that efforts to inform the community are working. Total calls for service received were 83; 25 of the calls were dispatched through 911, 45 were initiated by direct phone calls to Animal Control Officer Winner, 1 call was for a wildlife response, 4 incidents were Officer assists, and 5 were to assist with the removal of deceased animals. Additionally, 25 written warnings were issued. Committee discussion followed. E. Concealed Pistol Licenses (Lee) Police Chief Bob Lee provided the committee with information on the processing of Concealed Weapons Permits (CPL) by the Police Records Unit. The number of CPL's processed related to the costs for staff to process and the fees that are charged results in an approximate $9.68 negative cost to the Auburn Police Department for each new CPL. As a result Police Records Manager, Chris James, has been researching ways to be more efficient in the processing of these applications. It is anticipated that the time saved in CPL processing could be reduced by fifty percent (50%) if certain equipment can be acquired and new procedures implemented. Councilmember John Partridge, also Vice Chair of the King County Regional Law Safety and Justice Committee, will bring this item forward as a discussion at one of the future RLSJ meetings. Committee discussion followed. F. Project Matrix The following updates were made to the Project Matrix: Item 20P: Review date changed to 4/8/13. Status updated. Page 3 of 4 MS.1 Page 13 of 436 Item 4I: Review date updated to 1/13/14. Item 7I: Lead changed to Councilmember Partridge. Review date changed to 1/13/14. Status updated. V. ADJOURNMENT The meeting was adjourned at 4:15 p.m. The next meeting of the Municipal Services Committee is Monday, February 28, 2013 at 3:30 p.m. in the Council Conference Room, City Hall, 25 W. Main Street, Auburn, WA. Signed this ______ day of February, 2013. ____________________ _________________________________ Bill Peloza, Chair Terry Mendoza, Police Secretary/Scribe Page 4 of 4 MS.1 Page 14 of 436 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes - February 11, 2013 Date: February 12, 2013 Department: Planning and Development Attachments: February 11, 2013 Draft Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Backus Staff: Meeting Date:February 19, 2013 Item Number:PCD.1 AUBURN * MORE THAN YOU IMAGINEDPCD.1 Page 15 of 436 Planning and Community Development February 11, 2013 - 5:00 PM Annex Conference Room 2 MINUTES I. CALL TO ORDER Chair Nancy Backus called the meeting to order at 5:00 p.m. in Annex Conference Room No. 2 located on the second floor of One Main Professional Plaza, One East Main Street, Auburn, Washington. A. Roll Call Chair Nancy Backus, Vice-Chair John Holman, and Member Largo Wales were present. Also present were Mayor Pete Lewis, Planning and Development Director Kevin Snyder, Planning Manager Elizabeth Chamberlain; Parks, Arts and Recreation Director Daryl Faber, Development Services Manager Jeff Tate, Assistant City Attorney Steve Gross, Principal Planner Jeff Dixon, Storm Drainage Engineer Tim Carlaw and Planning and Development Secretary Tina Kriss. Members of the public included: Scott Pondeleck, Michael Pate, John Sekulich, Jean Lix, Russ Campbell, Thai Phan, Alleu Saug Vaw, Tony Ton, Thom Studdert and Peggy Candill. B. Announcements There were no announcements. C. Agenda Modifications There were no agenda modifications. II. CONSENT AGENDA A. Minutes - January 28, 2013 (Snyder) Vice-Chair Holman moved and Member Wales seconded to approve the Planning and Community Development Committee meeting minutes for January 28, 2013 as written. Motion Carried Unanimously. 3-0 III. ACTION A. Ordinance No. 6455 - Impact Fees and System Development Charge Deferrals for Residential and Non-Residential Development (Tate) Page 1 of 11 PCD.1 Page 16 of 436 Development Services Manager Jeff Tate provided the staff report. Ordinance No. 6455 is an Ordinance of the City Council amending Sections 13.41.040, 19.02.070, 19.04.040, 19.06.040 and 19.08.030 of the Auburn City Code related to the deferral of payment of impact fees and system development charges. Committee is supportive of Ordinance No. 6455. Vice-Chair Holman moved and Member Wales seconded to recommend City Council approve Ordinance No. 6455. Motion Carried Unanimously. 3-0 B. Resolution No. 4905, Interlocal Agreement between King County, King County Flood District and the City of Auburn (Dixon) Principal Planner Dixon reviewed Resolution No. 4905, a Request for Committee to recommend to full City Council approval of Resolution No. 4905 proposed Interlocal Agreement (ILA) between King County, King County Flood Control District and the City of Auburn for King County's Reddington Levee Setback and Extension Project. Committee and staff reviewed a map depicting the the King County Reddington Levee's Setback and Extension Project site and various details of the project. Committee expressed no concerns with moving forward and supporting the Interlocal Agreement between King County, King County's Flood District and the City of Auburn. There will be no budget impact on this project to the City of Auburn. Vice-Chair Holman moved and Member Wales seconded to recommend City Council approve Resolution No. 4905. Motion Carried Unanimously. 3-0 C. Resolution No. 4900, Declaration as Surplus a Portion of the City's Stormwater Utility Owned Property (Dixon) Principal Planner Dixon presented Resolution No. 4900, a Request for Committee to recommend to full City Council approval of Resolution No. 4900 declaring certain real property as no longer needed for utility purposes, declaring a portion of that property as surplus, and authorizing its disposal to Committee. Committee and staff reviewed the property to be surplused. Committee had no other questions and is supportive of Resolution No. 4900. Page 2 of 11 PCD.1 Page 17 of 436 There is no budget impact on this item. Member Wales moved and Vice-Chair Holman seconded to recommend City Council approve Resolution No. 4900. Motion Carried Unanimously. 3-0 D. Resolution No. 4901, Purchase and Sale Agreement between the City of Auburn and River Mobile Estates (Dixon) Principal Planner Dixon explained that Resolution No. 4901 is a request for Committee to recommend to full City Council approval of Resolution No. 4901 authorizing the Mayor and City Clerk to execute a Purchase and Sale Agreement between the City of Auburn and River Mobile Estate for real property. This action is the third of the six City actions that are required for the King County Flood Control District's Reddington Levee Setback and Extension Project planned for 2013. Committee has previously reviewed the King County Flood Control District''s Reddington Levee Setback project and is supportive of the Purchase and Sale Agreement with River Mobile Estates. In response to questions asked by Committee, Director Snyder answered the sales price of the property is approximately $595,000.00 for the 5.95 acres of land and an additional $20,000.00 per acre for any easements. The easements are still in final design. Staff believes there will be approximately one acre for the easements. The funds received for the sale of the City-owned property to River Mobile Estates will be returned to the Storm Enterprise Fund as the property being sold was originally purchased by the Storm Enterprise Fund. Committee is supportive of Resolution No. 4901. Member Wales moved and Vice-Chair Holman seconded to recommend City Council approve Resolution No. 4901. Motion Carried Unanimously. 3-0 IV. DISCUSSION ITEMS A. Electrical Fence Code Change (Tate) Discuss potential changes to Chapter 8.12 (Public Nuisances) pertaining to the allowance of electrically charged fences. Development Services Manager Jeff Tate introduced Michael Pate of the Electric Guard Dog Company, who sold and installed the fence, Page 3 of 11 PCD.1 Page 18 of 436 and John Sekulich, who is the client from CEVA Logistics. Manager Tate stated that the City of Auburn has been approached with a request to re-evaluate the existing language of Chapter 8.12 of the Auburn City Code which designates electric fences as a public nuisance (in 1957). Since that time, there have been several advancements in technology and industry practices that have caused most jurisdictions to allow electric fences subject to conditions. In the cities of Renton, Kent, Puyallup and Sumner, electric fences are allowed. The City of Renton allows electric fences within certain zoning designations. Kent has specific standards for fencing and electric fences are not listed as a prohibited fence type. Puyallup and Sumner allow electric fences outright. Committee and staff discussed the new technologies, standards and regulatory oversight associated with electric fences. In response to a question asked by Committee, Michael Pate reported that animals are not injured when coming in contact with the fencing because the fencing is low voltage (12 volts). Staff has been in contact with Valley Regional Fire Authority (VRFA) and the feedback provided was that specific standards would need to address safe access for both fire and police to gain access on the property. A key code system or certain key system could be used for access. New code would require specific standards to address these issues. In response to the question from Committee, Development Services Manager Tate recommended looking at the zoning designations and not embedding this language in with the public nuisance section but moving it within the land use standards of the Title 18, zoning. In answer to the question from Committee regarding permitting, Director Snyder explained that the height may trigger a building permit and the electrical permit will be taken out by through Labor and Indistries. Staff will take a proposed model ordinance before the Planning Commission before returning to Committee. B. Shared Student Rental Housing (Snyder) Discuss ideas and issues pertaining to shared student rental housing in the residential neighborhoods surrounding Green River Community College. Planning and Development Director Kevin Snyder reported the City recently met with residents of a neighborhood located close to Green Page 4 of 11 PCD.1 Page 19 of 436 River Community College to discuss student housing. At the meeting several concerns were brought forward. Committee and staff reviewed the current zoning code related to the renting of rooms. The code does not allow more than two to rent rooms for lodging purposes. This issue was brought before the Planning and Community Development Committee in 2011 and the Committee determined that code changes were not needed at that time as the code requirements omit the renting of rooms to two people. Director Snyder stated that code enforcement is primarily complaint based and that code compliance staff, in response to submitted complaints, has responded to three separate cases to address illegal housing situations due to non-compliance of code. Staff is concerned that there are a large number of illegal housing situations impact public health and safety. It is not unreasonable to suspect that residential conversions have taken place that do not comply with building and fire codes. Director Snyder stated that staff is not taking any position on this issue but believes that any changes in current zoning regulations to legally offer student rental housing needs to be a coordinated effort between the neighbors, Green River Community College, and the City to ensure that all relevant interests are represented and heard. Without more controls over the conditions in student housing there will be continued illegal uses of property that are not in compliance that will impact public health and safety. Director Snyder provided an example of a program from Hamden, Connecticut, "A Student Housing Permit Application". The application (contract) is between the student/tenant and college setting forth code of conduct and policies the student must adhere to. The students must sign the document requiring compliance with the policies of the university if living on or off campus. Staff believes it is a good approach that provides information about the noise ordinance, zoning regulations and good-neighbor policy. Housing privileges could be removed if a student was not in compliance. Committee and staff discussed this option of using the contract and assessing fines to the property owner for non-compliance. Chair Backus opened the floor to public comment. Russ Campbell – 31606 126th AVE SE, Auburn, Washington Mr. Campbell stated Green River Community College was opened as a commuter school. The college has expanded by adding the Page 5 of 11 PCD.1 Page 20 of 436 international program that draws a large number of students needing housing. The current housing provided by the college is not sufficient for the need. Converted homes are now being used to house multiple boarding rooms. Electrical changes and un-permitted additions are done to increase the rental living capacity to multiple units to make large amounts of cash. These homes are not safe and are not up to code and inspected by the City. The value of the neighborhood has decreased. Mr. Campbell provided several ads advertising room rental; some advertised as host families. The college is charging a $300.00 placement fee per student for Homeshare. A member of the GRCC Advisory Council is renting to four or five students in our neighborhood. Jean 31606 126th AVE SE, Auburn, Washington. Jean stated she purchased her home in 1983 and was confident that living near a college would be beneficial. The large number of boarding homes has negatively impacted the neighborhood. Hank Galmish, Auburn Washington. Mr. Galmish stated he purchased a home near the college when he began teaching there. At that time, the neighborhood was filled with children and families and now there are only two families living in the neighborhood. These renters have become problematic with rats (poisoned to die on my property), unkept lawns and trash scattered about. One house in the neighborhood has between six to eight students living there and the neighbors need to ask them to get rid of the garbage. Most owners do not reside in the homes and often live a long distance away so they do not care about the quality of the neighborhood. Mr. Galmish likes the idea of the contract and calling individuals to a “sense of responsibility”. He states if the college is recruiting thousands of students they have a responsibility to protect the neighborhoods. The college has students under 18 that are recruited for the running start program that live off campus and are targeted for crime. Committee and staff discussed the student/college contract and Committee is supportive of a future discussion on this idea to address parking, property maintenance, garbage and other issues. Committee is concerned and committed to addressing the issues and making changes to ensure the public life, health and safety issues are addressed and the code is followed. Financial penalties can also be considered. To address the concerns, Committee recommends making sure both Green River Community College and the Page 6 of 11 PCD.1 Page 21 of 436 neighborhoods are included in the discussion and possibly forming an Ad hoc Committee with stakeholders to gain perspective and work towards an equitable solution. Staff will bring this item back to Committee with additional ideas (including the student contract). Staff will also meet with the Mayor to discuss forming an Ad hoc Committee and potential stakeholders. C. Vietnamese Veterans Memorial (Faber) Vietnamese Veterans Memorial discussion. Parks, Arts and Recreation Director Daryl Faber explained there has been preliminary discussion regarding a joint American Vietnamese War Memorial proposed to be added to the memorial area at Veterans Park. The American Legion and a Vietnamese group have met with staff and are proposing the memorial. A small task force that would involve the Veterans of Foreign Wars (VFW), American Legion, Intertribal Warriors and the new group of Vietnamese will be established to work on the design and scope of the project. Director Faber stated the idea is at a very preliminary stage of planning; staff looks forward to meeting with the group to see if a consensus on design and funding can be worked out. Funding will not come from the City of Auburn. Toni Ton of the South Vietnamese Armed Forces Association and Tom Studdert, a veteran’s freelance writer for a national veteran’s paper were introduced. Mr. Studdert explained various groups would like to build a joint war memorial of both Vietnamese and American born veterans to thank American born veterans for their participation in the war and expand it to a joint memorial. The expected benefit to the City is that the memorial will enhance the present Veterans Memorial Park It will also enhance the diversity and unify the Vietnamese population with Auburn. Mr. Ton stated as part of the memorial there would be an education aspect integrated into the wall to educate others of the sacrifices made by the Veterans and what they have experienced. Director Faber stated preliminary design on placement and scale has begun. There is a meeting scheduled for the last week in February where all the groups will gather together before returning to the Committee and Council for future direction. The Committee stated that the Auburn is a very diverse community and Council is proud of the efforts to encourage diversity. This is a chance to celebrate each other’s victories and tragedies as a community. Page 7 of 11 PCD.1 Page 22 of 436 D. Multi-Family Park Impact Fee for Downtown Urban Center and Economic Development Strategy Areas (Faber) Discuss potential Park impact fee adjustments for multi-family development in the Downtown Urban Center and Economic Development Strategy Areas. Parks, Arts and Recreation Director Daryl Faber provided a PowerPoint presentation reviewing the Multi Family and Downtown rate analysis for the purposes of discussing potential Park Impact fee adjustments for multi-family developments in the Downtown Urban Center and potentially the economic development strategy areas. Committee and staff reviewed the legal requirements under RCW 82.02.050 and RCW82.02.070 for impact fees. Director Faber reviewed the current fee calculations, $3,500.00 fee per dwelling. Single family and multi-family are the same rate. The Cities of Issaquah, Bellingham and Kirkland use a two tiered system. Olympia has a three tiered system; SF is $4,995.00, MF is $3,366.00 and MF-Downtown is $2,574.00 (a 50% discount for downtown). Olympia is using the MF-Downtown impact fee to gap fill their vacant lots by bringing multi-family development downtown. Director Faber reviewed the parks impact fees for other jurisdictions and pointed out that the communities with great park systems have the highest park impact fees. The idea of having different fees in different areas was discussed. Staff explained that the City of Vancouver has Transportation Area Zones (TAZ). Each TAZ has a specific charge based on the need in the area. Lea Hill may have a higher need than the Valley as an example. So the fee structure could be set up differently but the geographical area needs to be defined. Committee noted that encouraging growth by reducing the impact fees within the downtown urban center and the economic development strategy areas is consistent with the Council retreat goals. This could be another incentive the City offers for develoment. Committee discussed longer range options such as different rates for the economic development strategy areas but this requires comprehensive plan changes. Committee determined that they would recommend Park Impact Fees within the urban center now and then hold future discussions on the economic development strategy areas to develop a long-range plan. Staff will return with a draft ordinance reflecting the $1,750.00 Park Impact Fee for the urban center. Page 8 of 11 PCD.1 Page 23 of 436 E. King County Countywide Planning Policies Adoption (Snyder/Chamberlain) Review the recently amended King County Countywide Planning Policies and the ratification process by cities. The City of Auburn received notification of amendments to the King County Countywide Planning Policies in late December 2012 for the City’s consideration and possible ratification (Attachment A). The Metropolitan King County Council approved the amended Countywide Planning Policies on December 3, 2012. City staff, represented by the Planning and Development Director, participates as a member of the Inter-jurisdictional Staff Team (IJT) that is made up of staff from select cities and special districts who acts as staff to the Growth Management Planning Council. The IJT developed and reviewed the amendments to the Countywide Planning Policies. Staff has reviewed the transmitted King County Countywide Planning Policies and finds no outstanding areas of concern. Committee and staff have reviewed the King County Countywide Policy and have no concerns with the policy. With no concerns Committee will take action on this item. Vice-Chair Holman moved and Member Wales seconded to accept the King County Countywide Policy and recommending moving forward with an resolution accepting the King County Countywide Policy to full Council for approval. Motion Carried Unanimously. 3-0 Staff will draft the resolution and take this to the Finance Committee and to City Council on February 19, 2013. F. Temporary Off-Premise Residential Real Estate Signs (Chamberlain) Review the information/data requested at the January 14, 2013 Committee meeting by the Committee and discuss possible policy options. Planning Manager Elizabeth Chamberlain provided background information on the Off-Premise Residential Real Estate Signs of the Auburn City Code that is scheduled to expire on April 22, 2013. At the January 14, 2013 Committee meeting it was recommended that staff return with additional information as to the following: *Number of signs, location of the signs, and application form; *Information from the builders that utilize the program – quantify the benefits of the program and any negatives if the ordinance was not Page 9 of 11 PCD.1 Page 24 of 436 extended; and, *Feedback from the HOAs/neighborhood about any concerns, issues, or perceptions about the real estate signs. Staff reviewed the information with Committee and reviewed a map with the real estate sign locations. There are 75 signs with 55 of the signs registered under Auburn’s program; 20 signs are not currently registered with the City (staff is working with those builders to bring them into compliance with the program). Committee discussed the signs on Auburn property that advertise Kent developments; signs that advertise developments that have been built out for years and a solution for the parties that have not registered their signs. The Committee provided the following comments: *Advertisements in the Auburn City limits that advertise homes for other Cities need to be changed to reflect homes in Auburn only. Code enforcement has been tasked to make sure the signs are changed to reflect only Auburn projects. *Developments that have finished build out need to remove their signs; for example the Cobble Creek sign needs to be removed. *Signs not registered with the City have two weeks to register. If they fail to meet that timeline the signs are to be removed and the developer/builder will not be allowed to install any signs with any future development in the City of Auburn. *If the applicant does not place the sign in the designated site listed in the application, they will not be able to place or apply for future signs. Committee is requesting that the ordinance be extended for one more year. G. Director's Report Director Snyder announced his last day working with the City as the Planning and Development Director will be February 22, 2013 and thanked the Mayor and Committee for their mentorship and time. Director Snyder will be filling the position of Community Development Director for the City of Sedona, Arizona. Committee expressed their gratitude for the service and leadership provided by Director Snyder. It is unique to have such an incredible planner who is technically sharp; able to articulate the ideas with passion and approachability; and an individual who is a mentor and trainer to others. Page 10 of 11 PCD.1 Page 25 of 436 H. PCDC Matrix (Snyder) Pedestrian kiosks were added to the matrix as requested by the Committee. Staff also amended the comprehensive plan section to include the major update and the utility plans. V. ADJOURNMENT There being no further business to come before the Planning and Community Development Committee, the meeting was adjourned at 7:22 p.m. DATED THIS __________ DAY OF ______________, 2013. _______________________ ___________________________ Nancy Backus - Chair Tina Kriss - Planning Secretary Page 11 of 11 PCD.1 Page 26 of 436 AGENDA BILL APPROVAL FORM Agenda Subject: February 4, 2013 Minutes Date: February 12, 2013 Department: Public Works Attachments: February 4, 2013 Draft Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Public Works Councilmember:Wagner Staff: Meeting Date:February 19, 2013 Item Number:PW.1 AUBURN * MORE THAN YOU IMAGINEDPW.1 Page 27 of 436 Public Works Committee February 4, 2013 - 3:30 PM Annex Conference Room 2 MINUTES I. CALL TO ORDER Chairman Rich Wagner called the meeting to order at 3:30 p.m. in Conference Room #2, located on the second floor of Auburn City Hall, One East Main Street, Auburn, Washington. A. Roll Call Chairman Wagner, Vice-Chair Bill Peloza, and Member Wayne Osborne were present. Also present during the meeting were: Mayor Pete B. Lewis, Public Works Director Dennis Dowdy, City Engineer/Assistant Director Dennis Selle, Assistant City Engineer Ingrid Gaub, Utilities Engineer Dan Repp, Transportation Manager Pablo Para, Transportation Planner Joe Welsh, Street System Engineer Seth Wickstrom, Project Engineer Ryan Vondrak, Finance Director Shelley Coleman, Solid Waste and Recycling Supervisor Joan Nelson, Assistant City Attorney Steve Gross, Emergency Preparedness Manager Sarah Miller, Water Manager Allen Hunter, Water Utility Engineer Cynthia Lamothe, Innovations and Technology Director Ron Tiedeman, Business Systems Analyst Jim Felty and Public Works Secretary Jennifer Cusmir. Members of the public in attendance included: Alice Ostdiek of Foster Pepper LLC Attorneys at Law, Lindsay Sovde of Seattle-Northwest Securities Corporation (SNW), and Citizen Scott Pondlick. B. Announcements There were no announcements. C. Agenda Modifications There were no agenda modifications. II. CONSENT AGENDA A. Approval of Minutes Councilmember Peloza moved and Councilmember Osborne seconded to approve the Public Works Committee Meeting minutes for date, January 22, 2013, as amended. Vice-Chair Peloza asked that the minutes be amended, page 7, Page 1 of 7 PW.1 Page 28 of 436 Discussion Item A, the last paragraph, to read, “The Committee agreed that the total adjusted amount of $680.05 should be written off.” The Committee agreed. Motion Carried Unanimously. 3-0. B. Right-of-Way Use Permit No. 13-01 (Mund) Councilmember Peloza moved and Councilmember Osborne seconded to approve Right-of-Way Use Permit No. 13-01. Transportation Planner Joe Welsh stated that there were no changes to the permit and it is the same as the previous years. Motion Carried Unanimously. 3-0. C. Public Works Project No. CP1112 (Wickstrom) Councilmember Peloza moved and Councilmember Osborne seconded to approve Final Pay Estimate No. 4 to Contract No. 12-09 in the amount of $10,764.69 and accept construction of Project No. CP1112 2011/2012 City Sidewalk Repair Project. Chairman Wagner asked if staff had learned anything from the project about how the projects may be improved in the future. Street Systems Engineer Wickstrom stated that the repairs were similar to projects completed over the last few years and everything went well. Street Systems Engineer Wickstrom addressed comments made by Member Osborne regarding the $0.00 amount paid for traffic control. Motion Carried Unanimously. 3-0. III. RESOLUTIONS A. Resolution No. 4903 (Vondrak) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor to Accept a Federal Grant to be Administered through the Washington State Department of Transportation for the South 277th Street Corridor Capacity and Non-Motorized Trail Improvement Project Councilmember Peloza moved and Councilmember Osborne seconded to Motion Carried Unanimously. 0-0. Councilmember Peloza moved and Councilmember Osborne seconded to recommend City Council adopt Resolution No. 4903. Page 2 of 7 PW.1 Page 29 of 436 Project Engineer Vondrak explained that the project is not on the Capital Projects Status Report because the project has not been initiated with the Committee and the funding agreement has not yet been executed, in response to a question asked by Chairman Wagner. Assistant Director/City Engineer Selle stated that the project includes design, permitting, and property acquisition for the entire roadway improvements including roadwork and pedestrian improvements. Construction funding is not included. Chairman Wagner asked that when the project is included on the Capital Project Status Report, it be made clear the project is only design and right-of- way acquisition. Project Engineer Vondrak answered questions asked by Vice-Chair Peloza regarding the 13.5% grant match. Motion Carried Unanimously. 3-0. IV. DISCUSSION ITEMS A. Ordinance No. 6451 (Coleman) An Ordinance of the City Council of the City of Auburn, Washington, Relating to the Combined Utility Systems of the City; Providing the Issuance of One or More Series of Utility System Revenue Bonds of the City Chairman Wagner stated that Item IV A would be discussed prior to the approval of the minutes. Finance Director Coleman introduced Alice Ostdiek of Foster Pepper LLC Attorneys at Law and Lindsay Sovde of Seattle-Northwest Securities Corporation (SNW) to the Committee. Finance Director Coleman provided background information regarding the initial issuance of Utility System Revenue Bonds, which were issued approximately two years ago and Ordinance No. 6451 will authorize a second issuance. Coleman stated that the projects paid for by the first bond issuance are almost complete and the funds have been spent. The City is ready to move forward and start additional projects. Finance Director Coleman reported that the second bond issuance is less than it was intended to be because Public Works staff was successful in obtaining a Public Works Trust Fund Loan in the amount of $3.3M to fund the Well 1 Improvement project. There are $11,520,000.00 in projects that have been identified in Ordinance No. 6451. Page 3 of 7 PW.1 Page 30 of 436 Finance Director Coleman stated that Ordinance No. 6451 is scheduled to be introduced and adopted by the City Council at the February 19, 2013 City Council Meeting. The bonds will be priced at the end of February and the sale will start five days after that. Utilities Engineer Repp stated that staff anticipates by the end of 2013 there will be enough information to bring to the Committee with recommendations on the Fulmer Well Field Improvement Project, in response to a question asked by Chairman Wagner. Utilities Engineer Repp described how the cost estimate for the Fulmer Will Field Improvements, $1,955,000.00, was calculated. Chairman Wagner asked if there will be additional water rights included in the project. Repp answered that there will be no new water rights. The project uses only existing water rights. Utilities Engineer Repp explained that the BNSF Utilities Crossing Project is related to the BNSF third rail construction proposed by the railroad for construction in 2014, in response to a question asked by Member Osborne. The City is responsible for addressing our utility crossings within the railroad Right-of-Ways. Ms. Ostdiek explained the similarities and the differences between Ordinance No. 6451 and utility bond ordinance that the City has adopted in the past. Ms. Ostdiek reviewed Section 4, Description of the Bonds, Appointment of Designated Representative, which sets forth all of the parameters of the bond, with the Committee following a question asked by Chairman Wagner. Ms. Ostdiek answered questions asked by Chairman Wagner regarding the criteria used to determine the final maturity of the bonds. Ms. Sovde stated that based on staff’s recommendations currently the ordinance authorizes a maximum 20 year bond issue. Ms. Ostdiek answered questions asked by Chairman Wagner regarding Section 15, Flow of Funds and how the cost of operating the utility is funded. Vice-Chair Peloza asked that two decimal places for all dollar amounts be included in the ordinance and exhibits. Member Osborne asked if there would need to be an additional rate increase because of the issuance of the bonds. Finance Director Coleman answered that the existing rate ordinance already has the automatic rate increases built in. Ms. Sovde distributed a summary of what has been happening in the bond market to the Committee. Ms. Sovde reviewed the summary with the Committee. Ms. Sovde noted that the true interest cost may be Page 4 of 7 PW.1 Page 31 of 436 high or lower that the 2.8% indicated on the summary. Finance Director Coleman stated that the ordinance is being taken to the Finance Committee for action and then to Council for adoption on February 19, 2013. B. King County Solid Waste Interlocal Agreement (Coleman) Solid Waste and Recycling Supervisor Nelson explained that the agreement being discussed by the Committee is an extension of an existing agreement formed in 1988, which was a 40-year term agreement. Because the expiration date is nearing with the need to update transfer systems and make changes in liability, the language in the agreement needs to be updated to meet the City’s needs and extend the length of the agreement King County can do long-term bonding for Solid Waste Management Capital Projects at lower bond interest rates and subsequently, lower customer costs. Solid Waste and Recycling Supervisor Nelson stated that the new agreement is a better agreement and if the City does not enter into the new agreement the City will end up paying more per year. Assistant City Attorney Gross stated that the cost of insuring against liabilities is a system cost which will be reflected in the rates. The agreement provides for the County doing some kind of combination of buying insurance, if commercially feasible, setting aside a reserve to cover liability, or making sure the rate structure provides a sufficient amount to take care of liability, in response to a question asked by Chairman Wagner. Chairman Wagner asked when the agreement needs to be signed. Solid Waste and Recycling Supervisor Nelson answered that the agreement needs to be signed by the end of April. Nelson noted that everyone on the Council has seen the agreement and staff plans on brining a resolution for action to the Municipal Services Committee next week and to Council for adoption on February 19, 2013. Chairman Wagner asked the date of expiration of the agreement. Assistant City Attorney answered December 24, 2040. Vice-Chair Peloza spoke about the continued emphases on recycling. C. SCADA System Overview (Repp/Hunter) Utilities Engineer Repp explained that staff will be presenting the Committee with an overview of the new SCADA software and control systems. Repp stated that sites are still being brought online to the system. Page 5 of 7 PW.1 Page 32 of 436 Using the projector, Water Manager Hunter, with the assistance of Business Systems Analyst Felty, Project Engineer Robert Lee and Water Utility Engineer Lamothe, provided the Committee with an overview of the architecture of the system, and spoke about sanitary sewer and pump station configurations and the configuration of the water system. The presentation ended with the reporting capabilities of the software. Mayor Lewis noted that the SCADA system is fully supported with the City’s fiber and networking upgrades. Chairman Wagner requested that an abbreviated SCADA presentation be made to appropriate other City Council committees, e.g. Finance. D. Ordinance No. 6428 (Dowdy) An Ordinance of the City Council of the City of Auburn, Washington, Amending Sections 2.75.040 and 2.75.060 of the Auburn City Code Relating to the Director of Emergency Management Director Dowdy stated that the ordinance provides flexibility in assigning a Director of Emergency Management to the City Code, in response to a question asked by Chairman Wagner. Mayor Lewis and Emergency Preparedness Manager Miller answered questions asked by Member Osborne regarding the succession of the chair-person in the absence of the Mayor. E. Capital Project Status Report (Gaub) Item 6 – C207A – A Street NW Corridor – Phase 1: Chairman Wagner asked if staff can ask the Post Office to improve sidewalk pedestrian and bicycle visibility, not vehicle traffic visibility, at the exit to their parking lot on A Street NW. Mayor Lewis stated that he would try to contact the Post Office authorities. This item should be added to the Action Tracking Matrix. Item 7 – CP0817 – 2009 Sewer & Storm Pump Station Replacement – Phase C White River: Vice-Chair Peloza asked if there is a new finish date for the project. Assistant City Engineer Gaub answered that staff is working on some minor punch list items involving the alarms. The project should be finished February 2013. Item 8 – CP0909 – Lakeland Hills Booster Pump Station: Vice-Chair Peloza noted a Scribner’s error in the status. Item 10 – CP1103 – 132nd Avenue SE Tacoma Pipeline Intertie: Utilities Engineer Repp described how start up and opening of Page 6 of 7 PW.1 Page 33 of 436 the intertie will happen, in response to a question asked by Chairman Wagner. Vice-Chair Peloza reported the increase of graffiti on the bridge wall on Green River Road. Mayor Lewis stated that bridge is in King County. Staff will report the graffiti to the County. Mayor Lewis asked for a sign to be installed at the City boundary on Green River Road that states, “You Are Entering King County.” Item 16 – CP1108 – 2011/12/13 Citywide Storm Pond Cleaning: The Committee discussed whether an article on this project would be beneficial and decided it would not be. Assistant City Engineer Gaub distributed a summary of the Annual Expenditures for Capital Projects, which was previously requested by the Committee. F. Action Tracking Matrix (Dowdy) Item J – Comprehensive Transportation Plan Update: Transportation Manager Para stated that the update the Committee recently received from Transportation Planner Welsh was last year’s updates and is different than the updates included in the status of Item J, in response to a question asked by Chairman Wagner. Chairman Wagner asked that way-finding signage for the Auburn Valley Humane Society is added to the matrix. Member Osborne asked for staff to examine the possible sight- distance issues at the intersection of 4th Street SE/Cross Street and Auburn Way S. The item will be added to the matrix. V. ADJOURNMENT There being no further business to come before the Public Works Committee, the meeting was adjourned at 4:57 p.m. Approved this 19th day of February, 2013. _____________________________ ______________________________ Rich Wagner, Chair Jennifer Cusmir, Department Secretary Page 7 of 7 PW.1 Page 34 of 436 AGENDA BILL APPROVAL FORM Agenda Subject: February 4, 2013 Minutes Date: February 11, 2013 Department: Administration Attachments: February 4, 2013 Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Partridge Staff: Meeting Date:February 19, 2013 Item Number:FN.1 AUBURN * MORE THAN YOU IMAGINEDFN.1 Page 35 of 436 Finance Committee February 4, 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 included: Mayor Peter B. Lewis, Deputy Mayor Nancy Backus, Public Works Director Dennis Dowdy, Planning and Development Director Kevin Snyder, City Attorney Daniel B. Heid, Finance Director Shelley Coleman, and City Clerk Danielle Daskam. Also present were Lindsay Sovde of Seattle Northwest Securities and Scot Pondelik. B. Announcements There was no announcement. C. Agenda Modifications A revised Resolution No. 4903 was distributed prior to the meeting. Discussion of Ordinance No. 6451 was moved ahead on the agenda and immediately followed the Consent Agenda items. II. CONSENT AGENDA A. January 22, 2013 regular meeting minutes Vice Chair Wales moved and Member Holman seconded to approve the January 22, 2013 minutes. MOTION CARRIED UNANIMOUSLY. 3-0 B. 2012 Claims Vouchers (Coleman) 2012 claims check numbers 419991 through 420104 in the amount of $1,140,982.89 and dated February 4, 2013. Committee members reviewed the claims and payroll vouchers and briefly discussed claims vouchers 420170, 420028, 420042, and Page 1 of 6 FN.1 Page 36 of 436 420329. Vice Chair Wales moved and Member Holman seconded to approve and forward claims and payroll vouchers to the full Council for consideration. MOTION CARRIED UNANIMOUSLY. 3-0 C. 2013 Claims Vouchers (Coleman) 2013 claims check numbers 420105 through 420354 in the amount of $1,020,319.21 and two wire transfers in the amount of $5,920.69 and dated February 4, 2013. Please see 2012 claims vouchers above for action on 2013 claims vouchers. D. Payroll Vouchers (Coleman) Payroll check numbers 533572 through 533601 in the amount of $263,434.11 and electronic deposit transmissions in the amount of $1,204,471.05 for a grand total of $1,467,905.16. Please see 2012 claims vouchers above for action on payroll vouchers. III. ORDINANCES A. Ordinance No. 6446 (Coleman) An Ordinance of the City Council of the City of Auburn, Washington, establishing the Local Sales and Use Tax rate for Local Revitalization Financing for 2013 Finance Director Coleman stated that each year the City must pass an ordinance establishing the Local Sales and Use Tax rate for the year (State's fiscal year of July 1 - June 30). The City first applied for local revitalization financing in 2009 granting a project award of $250,000 annually. The tax credit is available to the City for up to 25 years. The City will be in its fourth year of receiving the tax credit. Finance Director Coleman reported that the debt service on the project will be approximately $470,000 in 2013. The tax credit and REET2 funds are used for debt service. Vice Chair Wales moved and Member Holman seconded to approve and forward Ordinance No. 6446 to the full Council. MOTION CARRIED UNANIMOUSLY. 3-0 IV. RESOLUTIONS Page 2 of 6 FN.1 Page 37 of 436 A. Resolution No. 4894 (Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the City of Auburn to impose a Sales and Use Tax as authorized by RCW 82.14.415 as a credit against State Sales and Use Tax relating to annexations Finance Director Coleman presented Resolution No. 4894. The Resolution levies the .1% sales tax credit against the state sales tax for annexation of the Lea Hill area. The City finds that the projected cost to provide municipal services to the annexation area is $5.8 million, which exceeds the projected general revenue of $5.2 million the City would otherwise receive from the annexation area on an annual basis. The Resolution authorizes the Finance Director to set the threshold for imposing the sales and use tax credit at $2,083,132.00 for the Lea Hill Annexation area. Vice Chair Wales moved and Member Holman seconded to approve and forward Resolution No. 4894 to the full Council for consideration. MOTION CARRIED UNANIMOUSLY. 3-0 V. DISCUSSION ITEMS A. 22nd Street High Consumption (Coleman/Dowdy) Grant a water utility adjustment to three utility accounts for higher than normal consumption recorded on customer meters. Finance Director Coleman reported three residential utility customers contacted Finance over a period of approximately six weeks regarding high bills due to higher than normal consumption. Staff conducted a field investigation and determined there was no leak and the meters were working properly. However, the three customers insisted that they had not used the quantity of water recorded by the meters. Finance and Engineering staff reviewed the matter and determined that a construction project had been in progress in the area during the time of high consumption. The three meters were replaced and upon further testing, the cause of the high consumptions through the meters remains undetermined. The customers accounts are in good standing and the customer's consumption histories show that each experienced unusual usage. It is recommended that the Council approve a water utility adjustment to the three utility accounts for higher than normal consumption. The request was reviewed by the Public Works Committee and will be Page 3 of 6 FN.1 Page 38 of 436 considered as part of the Consent Agenda at tonight's Council meeting. B. Ordinance No. 6451 (Coleman) An Ordinance of the City of Auburn, Washington, relating to the combined utility systems of the City; providing for the issuance of one or more series of utility system revenue bonds of the City in the aggregate principal amount of not to exceed $13,000,000 (1) to pay a portion of the cost of certain improvements described herein, (2) to make a deposit to the debt service reserve account, and (3) to pay the costs of issuance and sale of the bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City's designated representative to approve the final terms of the sale of the bonds; and providing for other related matters. Ordinance No. 6451 was discussed immediately following action on the Consent Agenda items. Finance Director Shelley Coleman introduced Lindsay Sovde of Seattle Northwest, the bond underwriters. Ordinance No. 6451 was prepared by the bond attorney, who could not attend the meeting this evening. The ordinance provides for the sale of revenue bonds to finance approximately $11.5 in utility projects. Ms. Sovde briefly reviewed the bond ordinance and pointed out Section 4, which delegates authority to sell the bonds within certain parameters that guide the financing. Recent legislation allows such a delegation ordinance that allows the Mayor or Finance Director to sign the bond purchase contract and allows more flexibility for bond pricing. Previous bond ordinances limited the ability to when bonds could be priced--typically on a Council meeting day so that the ordinance could be adopted that night. The bond ordinance provides for the issuance of $11.5 million in bonds that must be purchased before December 31, 2013. The interest rate cannot exceed five percent and the maturity date is not later than twenty years from issue. Ms. Sovde distributed a one-page handout that contained a General Obligation Bond Buyer Index History and a financing update for the Water and Sewer Revenue Bonds, 2013 A&B as of January 25, 2013. Ms. Sovde stated that investors are interested in purchasing premium bonds as opposed to par or discount bonds. The premium bonds provide more upfront cash for a higher return for the investor over the life of the bond. Ms. Sovde stated that issuing $10.8 million in premium bonds will provide the City with $11.5 million. The average annual debt service on the bonds is approximately $786,000. Page 4 of 6 FN.1 Page 39 of 436 Projects to be funded by the bond sale are included in Exhibit A of the ordinance and include: Fulmer Well Field Improvements, Well 4 Power and Chlorination, Water Repair and Replacements, Lakeland Hills Reservoir and Improvements, Water Meter and Billing Improvements, BNSF Utilities Crossing (Water), Auburn Way South Flooding Phase 2, 30th Street NE Area Flooding Phase 1 and BNSF Utilities Crossing (Storm Drainage). It is anticipated that the bond sale will occur February 28, 2013 and the proceeds distributed by mid March. Ms. Sovde briefly discussed the benefits and restrictions of issuing bank qualified bonds. Member Holman congratulated Mayor Lewis and Finance Director Coleman on the City's AA rating. Director Coleman stated Ordinance No. 6451 will be presented to the Committee again on February 19, 2013 for action. C. Resolution No. 4903 (Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to accept a federal grant to be administered through the Washington State Department of Transportation for the South 277th Street Corridor Capacity and Non-Motorized Trail Improvement Project Public Works Director Dowdy presented Resolution No. 4903, which will authorize the acceptance of a federal grant in the amount of $1,020,700.00 to finance the design, environmental permitting and property acquisition phases of the South 277th Street Corridor Capacity and Non-motorized Trail Improvement Project. The federal grant requires a 13.5% match from local funding sources. Funds from the 102 Fund will provide the local match. D. Ordinance No. 6341 - Current Fee Deferral Program (Tate) Committee to discuss the City's Fee Deferral Program currently scheduled to expire on April 4, 2013. Fee deferrals pertain to impact fees and system development charges for residential and non- residential development. Planning and Development Director Snyder reminded that Ordinance No. 6341, adopted in 2011, allows an applicant to defer payment of impact fees and system development charges for residential and non- residential development from the time of permit issuance to either certificate of occupancy or closing on the sale of a property. The deferral can be no longer than 18 months from the date of permit issuance. Page 5 of 6 FN.1 Page 40 of 436 Director Snyder stated that Ordinance No. 6341 provided a two-year pilot program on fee deferrals. The program is slated to expire April 4, 2013. Director Snyder reported staff believes the program is a success and has met the goals and expectations of Council. The City has established good internal control procedures, the City has not had to initiate any enforcement actions because all fees have been paid on time. Director Snyder advised that the Planning and Community Development Committee reviewed the Ordinance at its last meeting and recommended extending the Ordinance in perpetuity by eliminating the sunset clause. VI. ADJOURNMENT There being no further business to come before the Committee, the meeting adjourned at 6:35 p.m. APPROVED this 19th day of February, 2013. ___________________________ _____________________________ John Partridge, Chair Danielle Daskam, City Clerk Page 6 of 6 FN.1 Page 41 of 436 AGENDA BILL APPROVAL FORM Agenda Subject: February 4, 2013 Meeting Minutes Date: February 11, 2013 Department: Administration Attachments: February 4, 2013 Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff: Meeting Date:February 19, 2013 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A Page 42 of 436 City Council Meeting February 4, 2013 - 7:30 PM Auburn City Hall MINUTES Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I. CALL TO ORDER A. Flag Salute Mayor Peter B. Lewis called the meeting to order at 7:30 p.m. in the City Hall Council Chambers located at 25 West Main Street and led those in attendance in the Pledge of Allegiance. B. Roll Call City Councilmembers present: Rich Wagner, Nancy Backus, Bill Peloza, John Partridge, Wayne Osborne, Largo Wales and John Holman. Department directors and staff members present: City Attorney Daniel B. Heid, Human Resources and Risk Management Director Brenda Heineman, Police Commander Scott Near, Public Works Director Dennis Dowdy, Economic Development Manager Doug Lein, and City Clerk Danielle Daskam. C. Announcements, Appointments, and Presentations 1. Proclamation - Kiwanis Children's Cancer Month Mayor Lewis to proclaim February 2013 as "Kiwanis Children's Cancer Month" in the city of Auburn. Mayor Lewis read and then presented a proclamation declaring February 2013 as Kiwanis Children's Cancer Month in the city of Auburn to Pacific Northwest Kiwanis Governor-elect Pamela Smith, who was accompanied by several members of the Kiwanis Club of Auburn. 2. Appointments to Boards and Commission City Council to confirm the following appointments to boards and commissions for three year terms expiring December 31, 2015: Auburn Municipal Airport Advisory Board Josh Clearman John Theisen Planning Commission Page 1 of 8 CA.A Page 43 of 436 Philip "Dale" Couture Transportation, Transit and Trails Committee Richard Harold LaBoyne White River Valley Historical Society Board Bill Greene Rosella Mosby Deputy Mayor Backus moved and Councilmember Wagner seconded to confirm the appointment of Philip Dale Couture to the Planning Commission for a three-year term expiring December 31, 2015. MOTION CARRIED UNANIMOUSLY. 7-0 Deputy Mayor Backus moved and Councilmember Wagner seconded to confirm the appointment of Josh Clearman and John Theisen to the Airport Advisory Board for a three-year term expiring December 31, 2015. MOTION CARRIED UNANIMOUSLY. 7-0 Deputy Mayor Backus moved and Councilmember Wagner seconded to confirm the appointment of Bill Greene and Rosella Mosby to the White River Valley Historical Society Board for a three-year term expiring December 31, 2015. MOTION CARRIED UNANIMOUSLY. 7-0 Deputy Mayor Backus moved and Councilmember Wagner seconded to confirm the appointment of Richard Harold LaBoyne to the Transportation, Transit and Trails Committee for a three- year term expiring December 31, 2015. MOTION CARRIED UNANIMOUSLY. 7-0 D. Agenda Modifications Appointments to the Planning Commission and the Transportation, Transit and Trails Committee were added to the agenda and a revised Resolution No. 4903 was distributed prior to the meeting. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings No public hearing was scheduled for this evening. Page 2 of 8 CA.A Page 44 of 436 B. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. Virginia Haugen, 2503 R Street SE, Auburn Ms. Haugen spoke regarding Ordinance No. 6448, passed on January 22, 2013, relating to the acceptance of gifts and donations to the City as the ordinance relates to donations made to the museum. Ms. Haugen also spoke regarding the Auburn Valley Humane Society. C. Correspondence There was no correspondence for the Council's review. III. COUNCIL COMMITTEE REPORTS A. Municipal Services Chair Peloza reported the Municipal Services Committee met January 28, 2013. The Committee discussed animal control and the pet licensing program, the shopping cart program, the golf course financial review, the King County Solid Waste Interlocal Agreement, the red light photo enforcement program, and the Committee matrix. The next regular meeting of the Municipal Services Committee is scheduled for February 11, 2013 at 3:30 p.m. B. Planning & Community Development Chair Backus reported the Planning and Community Development Committee met January 28, 2013. The Committee reviewed Public Works Project CP0616 for the construction of downtown kiosks. The Committee discussed Resolution No. 4894 authorizing a sales and use tax as a credit against the state sales and use tax, Ordinance No. 6446 relating to the King County Solid Waste Interlocal Agreement, the current fee deferral program approved under Ordinance No. 6341, the director's report, and the Committee matrix. The next regular meeting of the Planning and Community Development Committee is scheduled for February 11, 2013 at 5:00 p.m. C. Public Works Chair Wagner reported the Public Works Committee met this afternoon at 3:30. The Committee approved a right-of-way use permit for Petpalooza and reviewed the final pay estimate for Public Works Project No. CP1112, the Sidewalk Repair Project. The Committee also reviewed Resolution No. 4903 accepting a federal grant for the design and right-of-way acquisition for the South 277th Street Corridor Capacity and Non-motorized Trail Improvement Project. The Page 3 of 8 CA.A Page 45 of 436 Committee discussed Ordinance No. 6451 relating to a revenue bond issue for water and storm projects, the King County Solid Waste Interlocal Agreement, the new Supervisory Control and Data Acquisition (SCADA) System, Ordinance No. 6428 relating to the director of emergency management, capital project status report, and the Committee matrix. The next regular meeting of the Public Works Committee is scheduled for February 19, 2013 at 5:00 p.m. D. Finance Chair Partridge reported the Finance Committee met this evening at 5:30. The Committee reviewed 2012 claims vouchers in the amount of $1.1 million, 2013 claims vouchers in an amount just over $1 million, and $1.4 million in payroll vouchers. The Committee also reviewed Ordinance No. 6446 and Resolution No. 4894. The Committee discussed the 22nd Street high water consumption, Ordinance No. 6451 relating to a utility bond issue, Resolution No. 4903, and Ordinance No. 6341 relating to the existing fee deferral program. The next regular meeting of the Finance Committee is scheduled for February 19, 2013 at 5:30 p.m. E. Les Gove Community Campus Chair Wagner reported that the next meeting of the Les Gove Community Campus Committee meeting will be held on February 6, 2013 at 5:00 p.m. F. Council Operations Committee Chair Backus reported the Council Operations Committee met this evening at 5:00. The Committee discussed preparations for a Council retreat scheduled for this spring and possible topics of discussion. The next regular meeting of the Council Operations Committee is scheduled for March 4, 2013 at 5:00 p.m. IV. CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A. Minutes of the January 22, 2013 Regular Meeting B. 2012 Claims Vouchers (Partridge/Coleman) 2012 claims check numbers 419991 through 420104 in the amount of $1,140,982.89 and dated February 4, 2013. C. 2013 Claims Vouchers (Partridge/Coleman) 2013 claims check numbers 420105 through 420354 in the amount of $1,020,319.21 and two wire transfers in the amount of $5,920.69 and dated February 4, 2013. Page 4 of 8 CA.A Page 46 of 436 D. Payroll Vouchers (Partridge/Coleman) Payroll check numbers 533572 through 533601 in the amount of $263,434.11 and electronic deposit transmissions in the amount of $1,204,471.05 for a grand total of $1,467,905.16. E. Public Works Project No. CP0616 (Backus/Dowdy) City Council award Contract No. 12-21 to West Coast Signal on their low bid of $79,427.00 for Project No. CP0616 Downtown Pedestrian Kiosks. F. Public Works Project No. CP1112 (Wagner/Dowdy) City Council approve Final Pay Estimate No. 4 to Contract No. 12-09 in the amount of $10,764.69 and accept construction of Project No. CP1112, 2011/2012 Sidewalk Repair Project. G. 22nd Street High Consumption (Wagner/Coleman/Dowdy) City Council grant a water utility adjustment to three utility accounts for higher than normal consumption recorded on customer meters. Deputy Backus moved and Councilmember Wagner seconded to approve the Consent Agenda. The Consent Agenda consists of claims vouchers, payroll vouchers, public works projects, and utility adjustments. MOTION CARRIED UNANIMOUSLY. 7-0 V. UNFINISHED BUSINESS There was no unfinished business. VI. NEW BUSINESS There was no new business. VII. ORDINANCES A. Ordinance No. 6446 (Partridge/Coleman) An Ordinance of the City Council of the City of Auburn, Washington, establishing the Local Sales and Use Tax rate for Local Revitalization Financing for 2013 Councilmember Partridge moved and Councilmember Wales seconded to adopt Ordinance No. 6446. Ordinance No. 6446 levies a sales tax credit against the state sales tax for local revitalization financing. The City is in its fourth year of twenty-five years for this sales tax credit. The sales tax credit generates $250,000 annually to service the debt associated with public improvements in the downtown revitalization area. Page 5 of 8 CA.A Page 47 of 436 MOTION CARRIED UNANIMOUSLY. 7-0 VIII. RESOLUTIONS A. Resolution No. 4894 (Partridge/Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the City of Auburn to impose a Sales and Use Tax as authorized by RCW 82.14.415 as a credit against State Sales and Use Tax relating to annexations Councilmember Partridge moved and Councilmember Wales seconded to adopt Resolution No. 4894. Resolution No. 4894 levies a .1% sales tax credit against the state sales tax for annexation of the Lea Hill Annexation area. MOTION CARRIED UNANIMOUSLY. 7-0 B. Resolution No. 4899 (Backus/Lein) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute administrative procedures as needed on behalf of the City to accept a State grant in the amount of $12,500.00 from the Washington State Department of Commerce to fund administrative activities within the Urban Center for Innovation Partnerships, Innovation Partnership Zone (IPZ #15) Deputy Mayor Backus moved and Councilmember Holman seconded to adopt Resolution No. 4899. Resolution No. 4899 acknowledges a grant award for the Auburn Urban Center for Innovative Partnerships (IPZ) from the State Department of Commerce to fund economic development activities designated to further cluster growth and to integrate sector-based and cluster-based strategies with its support for the development of innovation partnership zones. MOTION CARRIED UNANIMOUSLY. 7-0 C. Resolution No. 4903 (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to accept a federal grant to be administered through the Washington State Department of Transportation for the South 277th Street Corridor Capacity and Non-Motorized Trail Improvement Project Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4903. Resolution No. 4903 accepts a federal grant in the amount of $1,020.700.00 for design and right-of-way acquisition for the South Page 6 of 8 CA.A Page 48 of 436 277th Street Corridor Capacity and Non-motorized Trail Improvement Project. MOTION CARRIED UNANIMOUSLY. 7-0 IX. REPORTS At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A. From the Council Deputy Mayor Backus reported on her attendance at a neighborhood meeting for the Valley Manor and Sundance Apartments neighborhood, a neighborhood meeting in the Rainier Ridge neighborhood, the Miss Auburn Outstanding Teen Pageant and the Miss Auburn Scholarship Program, Uniquely Auburn, Congressman Reichert's Auburn office open house, and the Cities and Schools Forum. Mayor Lewis announced that during the Miss Auburn Scholarship Program, Deputy Mayor Backus was presented with a Lifetime Achievement Award for her 33 years of service to the Miss Auburn Scholarship Program. Councilmember Wales reported on her attendance at the Puyallup River Watershed Council and the Miss Auburn Scholarship and Miss Teen Programs where she served as a judge. Councilmember Wales congratulated Tamie Bothell and Alana Graves, Co-executive Directors of the Miss Auburn Scholarship Program on a very successful event. Councilmember Wales reported that over $50,000 in scholarships were awarded to the Program contestants. Councilmember Wales also reported on her work with the Leadership Institute of South King County and her attendance at Congressman Reichert's open house for his Auburn office location. Councilmember Holman reported that he attended the Green River Community College open house celebrating the College's 40th anniversary of their court reporting program. Councilmember Holman also reported on his attendance at the Forensics Investigation Council meeting. Councilmember Peloza reported on his attendance at King County Water Pollution Abatement Advisory Committee meeting, Uniquely Auburn, Congressman Reichert's open house for his Auburn office location, and the Cities and Schools Forum. Councilmember Partridge reported on his attendance at the Regional Law, Safety and Justice Committee meeting and the Committee's work Page 7 of 8 CA.A Page 49 of 436 plan for the upcoming year. B. From the Mayor Mayor Lewis commented on the Miss Auburn Outstanding Teen and Miss Auburn Scholarship Programs. Mayor Lewis stated that the Miss Auburn Scholarship Program is the largest local Miss America program in the United States. Mayor Lewis also commented on a visit from a group of Korean exchange students from the area around the Sister City of Pyeongchang, Republic of Korea, Congressman Reichert's open house at his new office location in Auburn, and the announcement that King County has selected its primary site for the new south county transfer station on vacant industrial land located at approximately 277th and West Valley Highway. X. ADJOURNMENT At 8:41 p.m., Mayor Lewis adjourned the meeting to closed session to discuss personnel and collective bargaining pursuant to RCW 42.30.140 (4). City Attorney Heid, Finance Director Coleman and Human Resources and Risk Management Director Heineman were required for the closed session. APPROVED this 19th day of February, 2013. ___________________________ _____________________________ Peter B. Lewis, Mayor Danielle Daskam, City Clerk Page 8 of 8 CA.A Page 50 of 436 AGENDA BILL APPROVAL FORM Agenda Subject: Claims Vouchers Date: February 11, 2013 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council approve claims vouchers. Background Summary: Claims check numbers 420355 through 420664 in the amount of $4,309,850.92 and dated February 19, 2013. Reviewed by Council Committees: Councilmember:Partridge Staff:Coleman Meeting Date:February 19, 2013 Item Number:CA.B AUBURN * MORE THAN YOU IMAGINEDCA.B Page 51 of 436 AGENDA BILL APPROVAL FORM Agenda Subject: Payroll Vouchers Date: February 11, 2013 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council approve payroll vouchers. Background Summary: Payroll check numbers 533602 through 533631 in the amount of $843,431.35 and electronic deposit transmissions in the amount of $1,190,039.16 for a grand total of $2,033,470.51. Reviewed by Council Committees: Finance Councilmember:Partridge Staff:Coleman Meeting Date:February 19, 2013 Item Number:CA.C AUBURN * MORE THAN YOU IMAGINEDCA.C Page 52 of 436 AGENDA BILL APPROVAL FORM Agenda Subject: Bad Debt Write Off - Parks, Arts & Recreation Date: February 7, 2013 Department: Parks/Art and Recreation Attachments: Bad Debt Write Off Summary Budget Impact: $0 Administrative Recommendation: City Council approve the write off of outstanding Parks, Arts & Recreation accounts in the amount of $3,641.00. Background Summary: The Parks, Arts & Recreation Department staff has reviewed the aged receivable balances for department programs and facility rentals for the period of 2002 through 2011. Bad debt for that 10 year period of time represents approximately .00045 of annual revenue. The Parks, Arts & Recreation Department staff is recommending that the outstanding account balances (Exhibit A)that have been deemed uncollectible, be written off. Reviewed by Council Committees: Finance, Municipal Services Councilmember:Partridge Staff:Faber Meeting Date:February 19, 2013 Item Number:CA.D AUBURN * MORE THAN YOU IMAGINEDCA.D Page 53 of 436 2002 - 2011 Write off Summary Exhibit A Facility Fees $1,872 Program Fees 1,388 NSF and Bank Fees 381 Total $3,641 CA.D Page 54 of 436 CA.D Page 55 of 436 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6428 Date: January 25, 2013 Department: Public Works Attachments: Ord 6428 Budget Impact: $0 Administrative Recommendation: City Council introduce and adopt Ordinance No. 6428. Background Summary: Ordinance No. 6439 amends City Code to reflect changes in the appointment of the Emergency Management Director. Reviewed by Council Committees: Municipal Services, Public Works Councilmember:Peloza Staff:Dowdy Meeting Date:February 19, 2013 Item Number:ORD.A AUBURN * MORE THAN YOU IMAGINEDORD.A Page 56 of 436 ORDINANCE NO 6 4 2 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 2.75 040 AND 2.75 060 OF THE AUBURN CITY CODE RELATING TO THE DIRECTOR OF EMERGENCY MANAGEMENT WHEREAS, the City recently reconfigured its organization responsibilities for emergency management and included the Public Works Director for the Director of Emergency Management; and WHEREAS, it would be appropriate to reflect that change in the Auburn City Code and include the flexibility of the Mayor to make such an appointment in the future as well as to include the Director of Emergency Management whomsoever that may be) as a member of the Emergency Operations Board. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That section 2.75 040 of the Auburn City Code be and the same hereby is amended to read as follows: 2.75.040 Director of emergency management. The organization shall be headed by the director of emergency management. The mayor shall appoint the Ghief Of PEAGe as the director of emergency management. The director shall be directly responsible for the organization, administration and operation of the emergency management organization. The emergency operations plan and any amendments thereto shall be effective when approved by the emergency operations board. (Ord. 6088 § 1, 2007, Ord. 4424 § 3, 1990; Ord. 3957 § 2(4), 1984 ) Section 2. Amendment to City Code. That section 2.75 060 of the Auburn City Code be and the same hereby is amended to read as follows: 2.75.060 Emergency operations board. Ordinance No. 6428 October 10, 2012 Page 1 of 3 ORD.A Page 57 of 436 A. There is created and established an emergency operations board to oversee and provide policy recommendations to the city council during emergency and recovery periods, and to provide policy direction for development and maintenance of the emergency operations plan. During any emergency or disaster, the board shall also oversee and provide direction to the emergency management committee, and shall be chaired by the director of emergency management. B. The emergency operations board shall consist of the following members: 1 Mayor, who shall be the chairperson, 2 Director of emergency management who shall be the vice-chairperson. 2. Chief of police, who shall be the vice Gha peFSe^, 3 All department heads of the city of Auburn. C Each department director shall have specific duties and responsibilities for mitigation, preparedness, response and recovery as provided in the city emergency operations plan and shall ensure that the policies established by the emergency management organization in the plan are implemented within their respective city departments. (Ord. 6088 § 1, 2007, Ord. 3957 § 2(6), 1984 ) Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. 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 5. 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 Ordinance No. 6428 October 10, 2012 Page 2 of 3 ORD.A Page 58 of 436 to £a6ed ZLOZ 'OLjaQoloo 8249 'ONa0ueuipJ0 J91040 'LUeNseo '3apalued 1S311t/ 2JoAvw SIM3lSa313d 03AOaddv a3SSVd Mon(]O2JiN1 ORD.A Page 59 of 436 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6451 Date: February 8, 2013 Department: Finance Attachments: Ordinance No. 6451 Budget Impact: $0 Administrative Recommendation: City Council to adopt Ordinance No. 6451. Background Summary: An ordinance of the City of Auburn, Washington, relating to the combined utility systems of the City; providing for the issuance of one or more series of utility system revenue bonds of the City in the aggregate principal amount of not to exceed $13,000,000.00 (1) to pay a portion of the cost of certain improvements described herein, (2) to make a deposit to the debt service reserve account, and (3) to pay the costs of issuance and sale of the bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City's designated representative to approve the final terms of the sale of the bonds; and providing for other related matters. Reviewed by Council Committees: Finance, Public Works Councilmember:Partridge Staff:Coleman Meeting Date:February 19, 2013 Item Number:ORD.B AUBURN * MORE THAN YOU IMAGINEDORD.B Page 60 of 436 51267762.3 CITY OF AUBURN, WASHINGTON ORDINANCE NO. 6451 AN ORDINANCE of the City of Auburn, Washington, relating to the combined utility systems of the City; providing for the issuance of one or more series of utility system revenue bonds of the City in the aggregate principal amount of not to exceed $13,000,000.00 (1) to pay a portion of the cost of certain improvements described herein, (2) to make a deposit to the debt service reserve account, and (3) to pay the costs of issuance and sale of the bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City’s designated representative to approve the final terms of the sale of the bonds; and providing for other related matters. PASSED FEBRUARY 19, 2013 Prepared by Foster Pepper PLLC 1111 Third Avenue, Suite 3400 Seattle, Washington 98104 (206) 447-4400 ORD.B Page 61 of 436 -i- TABLE OF CONTENTS Section 1. Definitions ................................................................................................................. 1 Section 2. Recitals and Findings ................................................................................................. 7 Section 3. Authorization of the Bonds ........................................................................................ 8 Section 4. Description of the Bonds; Appointment of Designated Representative .................... 8 Section 5. Bond Registrar; Registration and Transfer of Bonds................................................. 9 Section 6. Form and Execution of Bonds ................................................................................. 10 Section 7. Payment of Bonds .................................................................................................... 10 Section 8. Redemption Provisions and Open Market Purchase of Bonds ................................ 11 Section 9. Failure to Pay Bonds ................................................................................................ 12 Section 10. The Bond Fund; Payments into Bond Fund ............................................................ 12 Section 11. Rate Stabilization Fund ............................................................................................ 13 Section 12. Pledge of Revenue and Lien Position ...................................................................... 14 Section 13. Deposit of Bond Proceeds........................................................................................ 14 Section 14. Covenants................................................................................................................. 14 Section 15. Flow of Funds. ......................................................................................................... 17 Section 16. Provisions for Future Parity Bonds .......................................................................... 17 Section 17. Separate Utility Systems .......................................................................................... 18 Section 18. Contract Resource Obligations ................................................................................ 18 Section 19. Tax Covenants ......................................................................................................... 19 Section 20. Refunding or Defeasance of the Bonds ................................................................... 19 Section 21. Sale and Delivery of the Bonds ............................................................................... 20 Section 22. Official Statement .................................................................................................... 20 Section 23. Undertaking to Provide Continuing Disclosure ....................................................... 21 Section 24. Supplemental or Amendatory Ordinances ............................................................... 23 Section 25. Defaults and Remedies ............................................................................................ 25 Section 26. Ratification............................................................................................................... 29 Section 27. Effective Date of Ordinance .................................................................................... 29 Exhibit A – Description of the Improvements Exhibit B – Parity Conditions ORD.B Page 62 of 436 CITY OF AUBURN, WASHINGTON ORDINANCE NO. 6451 AN ORDINANCE of the City of Auburn, Washington, relating to the combined utility systems of the City; providing for the issuance of one or more series of utility system revenue bonds of the City in the aggregate principal amount of not to exceed $13,000,000.00 (1) to pay a portion of the cost of certain improvements described herein, (2) to make a deposit to the debt service reserve account, and (3) to pay the costs of issuance and sale of the bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City’s designated representative to approve the final terms of the sale of the bonds; and providing for other related matters. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Definitions. As used in this ordinance, the following words shall have the following meanings: (a) “2005 Bonds” means the outstanding Utility System Revenue Refunding Bonds, 2005, of the City issued pursuant to Ordinance No. 5930. (b) “2010A Bonds” means the outstanding Utility System Revenue Bonds, 2010A, of the City issued pursuant to Ordinance No. 6335. (c) “2010B Bonds” means the outstanding Utility System Revenue Bonds, 2010B (Taxable Build America Bonds – Direct Payment), of the City issued pursuant to Ordinance No. 6335. (d) “Alternate Security” means any bond insurance, reserve insurance, collateral, security, letter of credit, guaranty, surety bond or similar credit enhancement device providing for or securing the payment of all or part of the principal of and interest on Parity Bonds, which: (i) is non-cancelable, and (ii) is issued by an institution which has been assigned, at the time of issuance of the particular issue of Parity Bonds in connection with which the Alternate Security is acquired, a credit rating equal to or better than the highest two rating categories by both Moody’s Investors Service, Inc., and Standard & Poor's (without regard to gradations with in those categories). Alternate Security includes, in lieu of cash and investments, such a security obtained by the City for the purpose of satisfying part or all of the Reserve Requirement for the Parity Bonds then outstanding. (e) “Annual Debt Service” means for any calendar year for the Parity Bonds (or for any series thereof, as applicable), all the interest, plus all principal (except principal of Term Bonds due in any Term Bond Maturity Year), plus all mandatory redemption and sinking fund installments for that year, less all bond interest payable from the proceeds of any such Parity Bonds in that year. (f) “Assessment Bonds” shall mean the original principal amount of any issue of Parity Bonds equal to the total principal amount (or, if refunding bonds, the remaining unpaid ORD.B Page 63 of 436 -2- principal amount) of ULID Assessments on any final assessment roll or rolls of one or more ULIDs formed in connection with the improvements being financed by such issue of bonds (or bonds being refunded). The original principal amount of such issue of bonds in excess of Assessment Bonds shall be referred to as “bonds (or Bonds) that are not Assessment Bonds.” Assessment Bonds shall be allocated to each $5,000.00 of bonds in proportion to their percentage of the entire issue of bonds. When a bond of any issue of bonds containing Assessment Bonds is redeemed or purchased, and retired, the same percentage of that bond as the percentage of Assessment Bonds is to the total issue of those bonds shall be treated as Assessment Bonds being redeemed or purchased and retired. (g) “Authorized Denomination” means $5,000.00 or any integral multiple thereof within a maturity. (h) “Average Annual Debt Service” means, as of its date of calculation, the sum of the Annual Debt Service for the remaining calendar years to the last scheduled maturity of the applicable issue or issues of bonds divided by the number of those years. For purposes of computing the Reserve Requirement the estimated amount of bonds to be redeemed prior to maturity may be taken into account if required under federal arbitrage regulations. (i) “Beneficial Owner” means, with respect to a Bond, the owner of any beneficial interest in that Bond. (j) “Bond Counsel” means the firm of Foster Pepper PLLC, its successor, or any other attorney or firm of attorneys selected by the City with a nationally recognized standing as bond counsel in the field of municipal finance. (k) “Bond Fund” means that special fund of the City known as the Utility System Revenue Bond Fund created by Section 10 of Ordinance No. 4945 for the payment of the principal of and interest on the Parity Bonds. (l) “Bond Purchase Agreement” means an offer to purchase the Bonds, or a Series of Bonds, setting forth certain terms and conditions of the issuance, sale and delivery of that Series of the Bonds, which offer is authorized to be accepted by the Designated Representative on behalf of the City, if consistent with this ordinance. (m) “Bond Register” means the books or records maintained by the Bond Registrar for the purpose of identifying ownership of the Bonds. (n) “Bond Registrar” means the Fiscal Agent, or any successor bond registrar selected by the City. (o) “Bonds” means the bonds of the City issued pursuant to and for the purposes provided in this ordinance in one or more series and with such additional series and other designation as the Designated Representative may deem appropriate. (p) “City” means the City of Auburn, Washington, a municipal corporation duly organized and existing under the laws of the State. (q) “City Council” means the legislative authority of the City, as duly and regularly constituted from time to time. (r) “Code” means the United States Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder. ORD.B Page 64 of 436 -3- (s) “Construction Accounts” means such accounts created in such System Funds as the Finance Director shall designate for the purpose of paying the costs of the Improvements and the costs of issuance of the Bonds. (t) “Contract Resource Obligation” means an obligation of the City, designated as a Contract Resource Obligation and entered into pursuant to Section 18 of this ordinance, to make payments for water supply, sewer service, water, sewage or stormwater transmission or other commodity or service to another person or entity (including without limitation a separate utility system created pursuant to Section 17 of this ordinance and Section 18 of Ordinance No. 4945). (u) “Coverage Requirement” in any calendar year means an amount of Net Revenue at least equal to 1.25 times the Annual Debt Service in that year on all Parity Bonds that are not Assessment Bonds. Upon redemption or defeasance of all outstanding 2005 Bonds, the following sentence shall be added: If any Assessment Bonds are outstanding, the Coverage Requirement shall also mean, in any calendar year, an amount of ULID Assessments at least equal to 1.0 times the Annual Debt Service in that year on all Parity Bonds that are Assessment Bonds. (v) “DTC” means The Depository Trust Company, New York, New York, or its nominee. (w) “Designated Representative” means the officer of the City appointed in Section 4 of this ordinance to serve as the City’s designated representative in accordance with RCW 39.46.040(2). (x) “Final Terms” means the terms and conditions for the sale of a Series of Bonds including, but not limited to the amount, date or dates, denominations, interest rate or rates (or mechanism for determining interest rate or rates), payment dates, final maturity, redemption rights, price, and other terms or covenants. (y) “Finance Director” means the City Finance Director or the officer that is the successor to substantially the functions and duties of the Finance Director. (z) “Fiscal Agent” means the fiscal agent of the State, as the same may be designated by the State from time to time. (aa) “Future Parity Bonds” means any and all utility system revenue bonds of the City issued after the date of the issuance of the Bonds, the payment of the principal of and interest on which constitutes a charge or lien on the Net Revenue and ULID Assessments equal in rank with the charge and lien upon such revenue and assessments required to be paid into the Bond Fund to pay and secure the payment of the principal of and interest on the Outstanding Parity Bonds and the Bonds. (bb) “Government Obligations” has the meaning given in RCW 39.53.010, as now in effect or as may hereafter be amended. (cc) “Gross Revenue of the System” or “Gross Revenue” means all of the earnings and revenues received by the City from the maintenance and operation of the System and all earnings from the investment of money in the Bond Fund which earnings are deposited in the Principal and Interest Account, and connection and capital improvement charges collected for the purpose of defraying the costs of capital facilities of the System. Gross Revenue includes any Tax Credit Subsidy Payments received by the City in respect of any Parity Bonds. Gross Revenue shall not include: ULID Assessments, government grants, proceeds from the sale of ORD.B Page 65 of 436 -4- System property, City taxes collected by or through the System, principal proceeds of bonds or other obligations and earnings or proceeds from any investments in a trust, defeasance or escrow fund created to defease or refund System obligations (until commingled with other earnings and revenues of the System) or held in a special account for the purpose of paying a rebate to the United States Government under the Code, on earnings of a separate utility system that may be created under Section 17 of this ordinance. (dd) “Improvements” means those improvements in the City’s Plan of Additions that are described in Exhibit A to this ordinance, which is incorporated by reference. (ee) “Independent Utility Consultant” means either (1) an independent licensed professional engineer experienced in the design, construction or operation of municipal utilities of comparable size and character to the System, or (2) an independent certified public accountant or other professional consultant experienced in the development of rates and charges for municipal utilities of comparable size and character to the System. (ff) “Issue Date” means, with respect to any Series of Bonds, the date of initial issuance and delivery of such Series to the Underwriter in exchange for the purchase price of such Series. (gg) “Letter of Representations” means the Blanket Issuer Letter of Representations dated February 18, 1997, between the City and DTC, as it may be amended from time to time, and any successor or substitute letter relating to the operational procedures of the Securities Depository. (hh) “MSRB” means the Municipal Securities Rulemaking Board. (ii) “Maintenance and Operation Expense” means all reasonable expenses incurred by the City in causing the System to be operated and maintained in good repair, working order and condition, including without limitation payments made to any other municipal corporation or private entity as Contract Resource Obligations, and payments with respect to any other expenses of the System that are properly treated as maintenance and operation expenses under generally accepted accounting principles applicable to municipal corporations. The term Maintenance and Operation Expense does not include any depreciation or capital additions or capital replacements to the System. (jj) “Maximum Annual Debt Service” means at the time of calculation, the maximum amount of Annual Debt Service that will mature or come due in the current calendar year or any future year on the outstanding Parity Bonds. (kk) “Net Revenue of the System” or “Net Revenue” means the Gross Revenue: (a) less (1) Maintenance and Operation Expense and (2) deposits into the Rate Stabilization Fund; and (b) plus withdrawals from the Rate Stabilization Fund. (ll) “Outstanding Parity Bonds” means the 2005 Bonds, the 2010A Bonds and the 2010B Bonds. (mm) “Owner” means, without distinction, the Registered Owner and the Beneficial Owner. (nn) “Parity Bonds” means the Outstanding Parity Bonds, the Bonds and any Future Parity Bonds. ORD.B Page 66 of 436 -5- (oo) “Parity Conditions” means those conditions for the issuance of Future Parity Bonds, which were originally set forth in Section 17 of Ordinance No. 5930, as such conditions are now set forth in Exhibit B, attached to this ordinance and incorporated by this reference. (pp) “Plan of Additions” means the system or plan of additions and betterments to and extensions of the Combined Utility specified, adopted and ordered to be carried out by the water system, sewer system, and storm drainage system Capital Facilities Plans of the City adopted and updated in connection with to the City’s Comprehensive Plan for each system, as most recently amended and updated by Ordinance No. 6440, adopted on December 17, 2012. (qq) “Principal and Interest Account” means the account of that name created in the Bond Fund for the payment of the principal of and interest on the Parity Bonds. (rr) “Rate Stabilization Fund” means the Utility System Rate Stabilization Fund created in Section 11 of Ordinance No. 4945. (ss) “Rating Agency” means any nationally recognized rating agency then maintaining a rating on the Bonds at the request of the City. (tt) “Record Date” means the Bond Registrar’s close of business on the 15th day of the month preceding an interest payment date. With respect to redemption of a Bond prior to its maturity, the Record Date shall mean the Bond Registrar’s close of business on the date on which the Bond Registrar sends the notice of redemption in accordance with Section 8. (uu) “Registered Owner” means, with respect to a Bond, the person in whose name that Bond is registered on the Bond Register. For so long as the City utilizes the book–entry system for the Bonds under the Letter of Representations, Registered Owner shall mean the Securities Depository. (vv) “Reserve Account” means the account of that name created in the Bond Fund for the purpose of securing the payment of the principal of and interest on the Parity Bonds. (ww) “Reserve Requirement” means, for all Parity Bonds, the lesser of (i) Maximum Annual Debt Service on those bonds or (ii) 125% of Average Annual Debt Service on those bonds, but at no time shall the Reserve Requirement exceed 10% of the proceeds of those bonds. Variable Interest Rate Bonds shall be assumed to bear interest at a fixed rate equal to the higher of (1) the highest variable rate borne during the preceding 24 months by any outstanding variable rate revenue bonds of the System or, (2) if no such Variable Interest Rate Bonds are outstanding at the time of calculation, the rate borne by other variable rate debt the interest rate for which is determined by reference to an index comparable to the index to be used to determine the interest rate on the Future Parity Bonds proposed to be issued. Notwithstanding the above, the deposit to be made in the Reserve Account shall be decreased for any issue of Parity Bonds when and to the extent that the City provides for an Alternate Security to be deposited into the Reserve Account to secure the payment of the principal of and interest on that issue of bonds. The amount payable under any Alternate Security shall be credited against the amount otherwise required to be made into the Reserve Account to meet the Reserve Requirement for that issue of bonds. When calculating the Reserve Requirement with reference to any year in which Tax Credit Subsidy Bonds are outstanding, the City shall exclude the amount of Tax Credit Subsidy Payment that the City is then eligible to receive from Annual Debt Service. (xx) “Rule 15c2-12” means Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934, as amended. ORD.B Page 67 of 436 -6- (yy) “SEC” means the United States Securities and Exchange Commission. (zz) “Securities Depository” means DTC, any successor thereto, any substitute securities depository selected by the City, or the nominee of any of the foregoing. Any Securities Depository must be qualified under applicable laws and regulations to provide the services proposed to be provided by it. (aaa) “Series of Bonds” or “Series” means a series of Bonds issued pursuant to this ordinance. (bbb) “State” means the State of Washington. (ccc) “System” or “Utility System” means the City’s existing combined water supply and distribution system, sanitary sewage system, storm and surface water utility, together with all additions thereto and betterments and extensions thereof at any time made or constructed, and shall include any utility systems hereafter combined with the System. The System shall not include any additional systems for water supply, sewer service, water, sewage or stormwater transmission, treatment or other commodity or service that may be created, acquired or constructed by the City as a separate utility system as provided in Section 11 of Ordinance No. 4945 and Section 17 of this ordinance. (ddd) “System Funds” means, collectively, the Water Fund, Sewer Fund and Storm Drainage Fund including without limitation any Construction Accounts or other accounts or subaccount created thereon. (eee) “System of Registration” means the system of registration for the City’s bonds and other obligations set forth in Ordinance No. 3905 of the City. (fff) “Tax Credit Subsidy Bond” means any bond that is designated by the City as a “build America bond” or other tax credit bond, pursuant to the Code, and which is further designated as a “qualified bond” under Section 6431 of the Code, and with respect to which the City is eligible to receive a Tax Credit Subsidy Payment. (ggg) “Tax Credit Subsidy Payment” means the amounts which the City is entitled to receive as a tax credit payable by the United States Treasury to the City under Section 6431 of the Code, in respect of any bonds issued as Tax Credit Subsidy Bonds. (hhh) “Tax-Exempt Bonds” means any Series issued on a tax-exempt basis. (iii) “Term Bond Maturity Year” means any calendar year in which Term Bonds are scheduled to mature. (jjj) “Term Bonds” means the bonds of any single issue or series of Parity Bonds designated as such in the ordinance authorizing their issuance or sale. (kkk) “ULID” means Utility Local Improvement District. (lll) “ULID Assessments” means all assessments levied and collected in any ULID of the City created for the acquisition or construction of additions to and extensions and betterments of the System if such assessments are pledged to be paid into the Bond Fund (less any prepaid assessments paid or to be paid into a construction fund or account). ULID Assessments shall include installments thereof and any interest or penalties that may be due thereon. ORD.B Page 68 of 436 -7- (mmm) “Undertaking” means the undertaking to provide continuing disclosure entered into pursuant to Section 23 of this ordinance. (nnn) “Underwriter” means Seattle-Northwest Securities Corporation of Seattle, Washington, or such other purchaser of the Bonds whose offer is accepted by the Designated Representative in accordance with this ordinance. (ooo) “Variable Interest Rate” means a variable interest rate or rates to be borne by a series of Future Parity Bonds or any one or more maturities within a series of Future Parity Bonds. The method of computing such a variable interest rate shall be specified in the ordinance authorizing such Future Parity Bonds, which ordinance also shall specify either (i) the particular period or periods of time or manner of determining such period or periods of time for which each value of such variable interest rate shall remain in effect or (ii) the time or times upon which any change in such variable interest rate shall become effective. (ppp) “Variable Interest Rate Bonds” means, for any period of time, Future Parity Bonds which bear a Variable Interest Rate during that period, except that Future Parity Bonds the interest rate or rates on which shall have been fixed for the remainder of the term thereof no longer shall be deemed to be Variable Interest Rate Bonds. Section 2. Recitals and Findings. The City Council makes the following findings and determinations: (a) Background. The City now owns, operates and maintains a water supply and distribution system and a sanitary sewage system, which systems were combined pursuant to RCW 35.67.320 by Ordinance No. 961, passed and approved March 7, 1950, and further combined with the storm drainage system by Ordinance No. 4945, passed February 18, 1997. The combined systems, including all additions, betterments and extensions at any time made, are collectively referred to as “Combined Utility System of the City” or the “System.” (b) Plan of Additions. The City has adopted the Plan of Additions and is now in need of funds with which to finance the Improvements, which comprise a portion of the Plan of Additions, the estimated cost of which is more than $47,519,250.00 and the City does not have available sufficient funds to pay the costs. (c) Outstanding Parity Bonds. Pursuant to Ordinance No. 5930, the City issued its $2,765,000.00 aggregate principal amount 2005 Bonds, and reserved the right to issue additional utility system revenue bonds which would constitute a lien and charge upon the gross revenues of the Combined Utility System on a parity with those bonds if the Parity Conditions are met. Pursuant to Ordinance No. 6335, the City issued its $6,790,000.00 aggregate principal amount 2010A Bonds and its $14,505,000.00 aggregate principal amount 2010B Bonds on a parity with the 2005 Bonds. (d) Parity Conditions Met. The City Council finds and declares that the amounts required to have been paid into the Bond Fund for the Outstanding Parity Bonds have been paid and maintained as required therein, and that all other Parity Conditions for the issuance of the Bonds as Future Parity Bonds will have been met and satisfied before the Bonds are delivered to the original purchaser thereof. (e) Sufficiency of Gross Revenue. The City Council finds and determines that the Gross Revenue and benefits to be derived from the operation and maintenance of the System at the rates to be charged for services from the System will be more than sufficient to meet all ORD.B Page 69 of 436 -8- Maintenance and Operation Expense and to permit the setting aside into the Bond Fund out of the Gross Revenue of amounts sufficient to pay the principal of and interest on the Outstanding Parity Bonds and the Bonds when due. The City Council declares that in fixing the amounts to be paid into the Bond Fund under this ordinance it has exercised due regard for Maintenance and Operation Expense and has not obligated the City to set aside and pay into the Bond Fund a greater amount of Gross Revenue of the System than in its judgment will be available over and above such Maintenance and Operation Expense. (f) Issuance of Bonds. Based on the foregoing, the City Council finds that it is in the best interest of the City to issue and sell the Bonds to the Underwriter, pursuant to the terms set forth in the Bond Purchase Agreement as approved by the City’s Designated Representative consistent with this ordinance. Section 3. Authorization of the Bonds. For the purpose of providing the funds necessary (a) to pay a portion of the costs of the Improvements, (b) to make a deposit to the Reserve Account and (c) to pay the cost of issuance and sale of the Bonds, the City shall issue utility system revenue bonds in one or more series in the aggregate principal amount of not to exceed $13,000,000.00. Section 4. Description of the Bonds; Appointment of Designated Representative. The Finance Director is appointed as the City’s Designated Representative and is authorized and directed to negotiate the sale of the Bonds upon the terms deemed most advantageous to the City, and to approve the Final Terms of the Bonds, with such additional terms and covenants as she deems advisable, within the following parameters: (a) Principal Amount. The Bonds shall not exceed the aggregate principal amount of $13,000,000.00, and may be issued as either taxable or tax-exempt obligations. (b) Date or Dates. Each Series of Bonds shall be dated as of its date of delivery to the Underwriter, which date may not be later than December 31, 2013. (c) Denominations, Series Designation, etc. The Bonds must be issued in Authorized Denominations, shall be numbered separately in the manner and shall bear any name and additional designation as deemed necessary or appropriate by the Designated Representative. (d) Interest Rate(s). The Bonds shall bear interest at fixed rates per annum (computed on the basis of a 360-day year of twelve 30-day months) from their date or from the most recent interest payment date for which interest has been paid or duly provided for, whichever is later. One or more rates of interest may be fixed for the Bonds. No rate of interest for any Bond may exceed 6.00%, and the “all-in” true interest cost to the City for any Series of Bonds may not exceed 5.00%. (e) Payment Dates. Interest must be payable semiannually on each June 1 and December 1 (or such other semiannual dates as the Designated Representative deems necessary or convenient), commencing no earlier than June 1, 2013. Principal payments must be payable at maturity or in mandatory redemption installments, commencing no earlier than December 1, 2013, on such interest payment dates as are acceptable to the Designated Representative. (f) Final Maturity. The Bonds shall mature no later than 20 years following their Issue Date. ORD.B Page 70 of 436 -9- (g) Redemption Rights. In her discretion, the Designated Representative may approve in the Bond Purchase Agreement provisions for the optional and mandatory redemption of Bonds, as follows: (1) Optional Redemption. Any Bond or Series of Bonds may be designated as being (A) subject to redemption at the option of the City prior to its maturity date on the dates and at the prices set forth in the Bond Purchase Agreement; or (B) not subject to redemption prior to its maturity date. If a Tax-Exempt Bond is designated as subject to optional redemption prior to its maturity, it must also be subject to such redemption on one or more dates occurring not more than 10½ years after the Issue Date. (2) Mandatory Redemption. Any Bond may be designated as a Term Bond, subject to mandatory redemption prior to its maturity on the dates and in the amounts set forth in the Bond Purchase Agreement. (h) Price. The purchase price for each Series of Bonds may not be less than 98% or more than 125%% of the stated principal amount of the Series. (i) Other Terms and Conditions. The Designated Representative may determine whether it is in the City’s best interest to provide for bond insurance or other credit enhancement; and may accept such additional terms, conditions and covenants as she may determine are in the best interests of the City, consistent with this ordinance. Section 5. Bond Registrar; Registration and Transfer of Bonds. (a) Registration of Bonds. The Bonds shall be issued only in registered form as to both principal and interest and shall be recorded on the Bond Register. (b) Bond Registrar; Duties. The Fiscal Agent is appointed as Bond Registrar for the Bonds. The Bond Registrar shall keep, or cause to be kept, sufficient books for the registration and transfer of the Bonds, which shall be open to inspection by the City at all times. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of the Bonds and this ordinance, to serve as the City’s paying agent for the Bonds and to carry out all of the Bond Registrar’s powers and duties under this ordinance and the System of Registration. The Bond Registrar shall be responsible for its representations contained in the Bond Registrar’s Certificate of Authentication on each Bond. The Bond Registrar may become an Owner of a Bond with the same rights it would have if it were not the Bond Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as members of, or in any other capacity with respect to, any committee formed to protect the rights of Beneficial Owners. (c) Bond Register; Transfer and Exchange. The Bond Register shall contain the name and mailing address of the Registered Owner of each Bond and the principal amount and number of each Bond held by each Registered Owner. A Bond surrendered to the Bond Registrar may be exchanged for a Bond or Bonds in any Authorized Denomination of an equal aggregate principal amount and of the same Series, interest rate and maturity. Bonds may be transferred only if endorsed in the manner provided thereon and surrendered to the Bond Registrar. Any exchange or transfer shall be without cost to the Owner or transferee. The Bond Registrar shall not be obligated to exchange any Bond or transfer registered ownership during the period between the applicable Record Date and the next upcoming interest payment or redemption date. ORD.B Page 71 of 436 -10- (d) Securities Depository; Book-Entry Form. The Bonds initially shall be registered in the name of Cede & Co., as the nominee of DTC, acting as Securities Depository. Bonds so registered shall be held fully immobilized in book-entry form by DTC in accordance with the provisions of the Letter of Representations. Registered ownership of any Bond (or portion of a Bond) held in book-entry form may not be transferred except: (i) to any successor Securities Depository; (ii) to any substitute Securities Depository appointed by the City or such substitute Securities Depository’s successor; or (iii) to any person if the Bond is no longer held in book- entry form. Upon the resignation of the Securities Depository from its functions as depository, or upon a termination of the services of the Securities Depository by the City, the City may appoint a substitute Securities Depository. If (i) a Securities Depository resigns from its functions as depository, and no substitute Securities Depository can be obtained, or (ii) the City determines that a Bond is to be in certificated form, such Bond no longer shall be held in book-entry form and the ownership of such Bond may be transferred to any person as provided in this ordinance. Neither the City nor the Bond Registrar shall have any obligation to participants of any Securities Depository or the persons for whom they act as nominees regarding accuracy of any records maintained by the Securities Depository or its participants. Neither the City nor the Bond Registrar shall be responsible for any notice which is permitted or required to be given to a Registered Owner except such notice as is required to be given by the Bond Registrar to the Securities Depository. Section 6. Form and Execution of Bonds. (a) Form of Bonds; Signatures and Seal. The Bonds shall be prepared in a form consistent with the provisions of this ordinance and state law. The Bonds shall be signed by the Mayor and City Clerk, either or both of whose signatures may be manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. If any officer whose manual or facsimile signature appears on a Bond ceases to be an officer of the City authorized to sign bonds before the Bond bearing his or her facsimile signature is authenticated or delivered by the Bond Registrar, or issued or delivered by the City, that Bond nevertheless may be authenticated, issued and delivered and, when authenticated, issued and delivered, shall be as binding on the City as though that person had continued to be an officer of the City authorized to sign bonds. Any Bond also may be signed on behalf of the City by any person who, on the actual date of signing of the Bond, is an officer of the City authorized to sign bonds, although he or she did not hold the required office on its Issue Date. (b) Authentication. Only Bonds bearing a Certificate of Authentication in the following form, manually signed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance: “Certificate of Authentication. This Bond is one of the fully registered City of Auburn, Washington, Utility System Revenue Bonds, Series 2013__.” The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated and delivered and is entitled to the benefits of this ordinance. Section 7. Payment of Bonds. Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America. For as long as a Bond is registered in the name of the Securities Depository, payment of principal of and interest on that Bond shall be made in the manner set forth in the Letter of Representations. If a Bond ceases to be in book- entry form, interest on that Bond shall be paid by electronic transfer on the interest payment date, ORD.B Page 72 of 436 -11- or by check or draft of the Bond Registrar mailed on the interest payment date to the Registered Owner at the address appearing on the Bond Register as of the Record Date. However, the City is not required to make electronic transfers except pursuant to a request by a Registered Owner in writing received at least 10 days before an interest payment date and at the sole expense of the requesting Registered Owner. Principal of a Bond shall be payable upon presentation and surrender of the Bond by the Registered Owner to the Bond Registrar. The Bonds are not subject to acceleration under any circumstances. Section 8. Redemption Provisions and Open Market Purchase of Bonds. (a) Optional Redemption. The Bonds shall be subject to optional redemption acceptable to the Designated Representative, within the parameters set forth in Section 4. Any Bond that is subject to optional redemption may be selected by the City, in its sole discretion, for redemption in whole or in part at any time at which redemption is permitted as set forth in the Bond Purchase Agreement. (b) Mandatory Redemption. Bonds designated as Term Bonds by the Designated Representative, within the parameters set forth in Section 4, if not previously redeemed under any optional redemption provisions, defeased or purchased and surrendered for cancellation under the provisions set forth below, shall be called for redemption at a price equal to the stated principal amount to be redeemed, plus accrued interest, on the redemption dates and in the redemption amounts as set forth in the Bond Purchase Agreement. If Term Bonds are redeemed under the optional redemption provisions, defeased or purchased by the City and cancelled, the principal amount of the Term Bonds so redeemed, defeased or purchased (irrespective of their actual redemption or purchase prices) shall be credited against one or more scheduled mandatory redemption amounts for those Term Bonds. The City shall determine the manner in which the credit is to be allocated and shall notify the Bond Registrar in writing of its allocation prior to the earliest mandatory redemption date for that maturity of Term Bonds for which notice of redemption has not already been given. (c) Selection of Bonds for Redemption; Partial Redemption. All or a portion of the principal amount of any Bond that is subject to optional or mandatory redemption may be redeemed in any Authorized Denomination. If less than all of the outstanding principal amount of any Bond is redeemed, upon surrender of that Bond to the Bond Registrar, there shall be issued to the Registered Owner, without charge, a new Bond (or Bonds, at the option of the Registered Owner) of the same Series, maturity and interest rate in any Authorized Denomination in the aggregate principal amount remaining unredeemed. The principal portion of any Bond registered in the name of the Securities Depository which is to be partially redeemed shall be selected in accordance with the Letter of Representations. If a Bond ceases to be held in book-entry form, the portion to be partially redeemed shall be selected randomly in such manner as the Bond Registrar shall determine. (d) Notice of Redemption. While a Bond is registered in the name of the Securities Depository, notice of redemption shall be given as required in accordance with the Letter of Representations. If a Bond ceases to be held in book-entry form, unless waived by the Registered Owner of the Bond to be redeemed, the City shall cause notice of an intended redemption of Bonds to be given by the Bond Registrar not less than 20 nor more than 60 days prior to the date fixed for redemption by first-class mail, postage prepaid, to the Registered Owner of each Bond to be redeemed at the address appearing on the Bond Register on the ORD.B Page 73 of 436 -12- Record Date. The requirements of the preceding sentence shall be satisfied when notice has been mailed as so provided, whether or not it is actually received by an Owner of any Bond. In addition, the redemption notice shall be mailed or sent electronically within the same period to the MSRB (if required under the Undertaking), to each Rating Agency, and to such other persons and with such additional information as the Finance Officer shall determine, but these additional mailings shall not be a condition precedent to the redemption of a Bond. (e) Rescission of Optional Redemption Notice. In the case of an optional redemption, the notice of redemption may state that the City retains the right to rescind the redemption notice and the optional redemption of those Bonds by giving a notice of rescission to the affected Registered Owners at any time prior to the scheduled optional redemption date. Any notice of optional redemption that is so rescinded shall be of no effect, and a Bond for which a notice of optional redemption has been rescinded shall remain outstanding. (f) Effect of Redemption. Interest on Bonds called for redemption shall cease to accrue on the date fixed for redemption, unless either the notice of redemption is rescinded as set forth above, or money sufficient to effect such redemption is not on deposit in the Bond Fund (or in an escrow account established to carry out a refunding or defeasance of the redeemed Bonds, if any). (f) Open Market Purchase. The City further reserves the right and option to purchase any or all of the Bonds in the open market at any time at any price acceptable to the City plus accrued interest to the date of purchase. Section 9. Failure to Pay Bonds. If any Bond is not redeemed when properly presented at its maturity date or date fixed for redemption, the City shall be obligated to pay interest on that Bond at the same rate provided in the Bond from and after its maturity or date fixed for redemption until that Bond, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the Bond Fund and the Bond has been called for payment by giving notice of that call to the Registered Owner. Section 10. The Bond Fund; Payments into Bond Fund. (a) Payments Into the Bond Fund. The Bond Fund has previously been created in the office of the Finance Director and is divided into two accounts: the Principal and Interest Account and the Reserve Account. So long as any Bonds are outstanding, the City shall set aside and pay into the Bond Fund all ULID Assessments on their collection and, out of the Net Revenue of the System, certain fixed amounts without regard to any fixed proportion, namely: (1) Into the Principal and Interest Account on or before each interest and principal and interest payment date, an amount, together with other money on deposit therein, sufficient to pay the next ensuing interest or principal and interest payments on the Bonds; and (2) Into the Reserve Account an amount necessary to provide for the Reserve Requirement as required under the Parity Conditions. If the City fails to set aside and pay into the Bond Fund the amounts set forth above, the owner of any of the outstanding Parity Bonds may bring action against the City and compel such setting aside and payment. When the total amount in the Bond Fund equals the total amount of ORD.B Page 74 of 436 -13- principal and interest due with respect to all outstanding Parity Bonds to the last maturity thereof, no further payment need be made into the Bond Fund. (b) Application and Investment of Funds. The City may create sinking fund accounts or other accounts or subaccounts in the Bond Fund for the payment or securing the payment of Parity Bonds as long as the maintenance of such accounts does not conflict with the rights of the owners of the outstanding Parity Bonds. The City may provide for the purchase, redemption or defeasance of Parity Bonds by the use of money on deposit in any account in the Bond Fund as long as the money remaining in those accounts is sufficient to satisfy the required deposits in those accounts for the remaining Parity Bonds. All money in the Bond Fund may be kept in cash or invested in legal investments maturing not later than the date when the funds are required for the payment of principal of or interest on the outstanding Parity Bonds (for investments in the Principal and Interest Account) or having a guaranteed redemption price prior to maturity and, in no event, maturing later than the last maturity of any remaining outstanding Parity Bonds (for investments in the Reserve Account). Earnings from investments in the Principal and Interest Account shall be deposited in that account. Earnings from investments in the Reserve Account shall be deposited in that account. (c) The Reserve Account. The Reserve Account may be divided into subaccounts for each issue of Parity Bonds outstanding. Except for withdrawals as authorized below, the amount on deposit in the Reserve Account (including any subaccounts) shall meet the Reserve Requirement at all times so long as any of the Parity Bonds are outstanding. The amount required to be deposited in the Reserve Account (or any subaccount) shall be decreased when and to the extent the City has provided for the Reserve Requirement by means of Alternate Security. If there is a deficiency in the Principal and Interest Account to meet maturing installments of either principal or interest, as the case may be, that deficiency shall be made up ratably from the Reserve Account and its subaccounts based on the amount of the total Reserve Requirement to be paid into each subaccount (except when Alternative Security requires all cash and investments in the Reserve Account be withdrawn before draws on the Alternate Security) by the withdrawal of cash for that purpose. Any deficiency created in the Reserve Account (and its subaccounts) by reason of any such withdrawal shall then be made up from ULID Assessment payments and the Net Revenue of the System first available after making necessary provisions for the required payments into the Principal and Interest Account. Except for withdrawals described above, the money in the Reserve Account and its subaccounts otherwise shall be held intact and may be applied against the last outstanding bonds payable out of the Bond Fund. However, if at any time the Reserve Account or any subaccount is fully funded, money in excess of the Reserve Requirement shall be withdrawn and deposited, first, in any other subaccount having a deficiency in its Reserve Requirement, and second, at the option of the Finance Director, either in the Principal and Interest Account and spent for the purpose of retiring Parity Bonds or in any of the System Funds and spent for other lawful System purposes. Section 11. Rate Stabilization Fund. The Utility System Rate Stabilization Fund has been previously established by Ordinance No. 4945. The City may at any time, as determined by the City and as consistent with Section 14 of this ordinance, deposit in the Rate Stabilization ORD.B Page 75 of 436 -14- Fund Gross Revenue and any other money received by the System and available to be so deposited, excluding principal proceeds of any Future Parity Bonds or other borrowing. No deposit of Gross Revenue shall be made into the Rate Stabilization Fund to the extent that such deposit would prevent the City from meeting the Coverage Requirement in the relevant fiscal year. The City may, upon authorization by ordinance, at any time withdraw money from the Rate Stabilization Fund for inclusion in the Net Revenue for the then-current fiscal year of the System, except that the total amount withdrawn from the Rate Stabilization Fund in any fiscal year of the System may not exceed the total debt service of the System in that year. Such deposits or withdrawals may be made up to and including the date 90 days after the end of the fiscal year for which the deposit or withdrawal will be included as Net Revenue for that fiscal year. Earnings from investments in the Rate Stabilization Fund shall be deposited in that fund and shall not be included as Net Revenue of the System unless and until withdrawn from that fund as provided herein. The City may also deposit earnings from investments in the Rate Stabilization Fund into any System fund as authorized by ordinance, and such deposits shall be included as Net Revenue in the year of deposit. Section 12. Pledge of Revenue and Lien Position. The Net Revenue of the System and ULID Assessments are pledged to the payment of the Parity Bonds, and this pledge with respect to the Parity Bonds shall constitute a lien and charge upon such Net Revenue and ULID Assessments prior and superior to any other charges whatsoever. Section 13. Deposit of Bond Proceeds. One or more special accounts within the System Funds, designated as the Construction Accounts, have previously been established in the office of the Finance Director. The principal proceeds and premium, if any, received from the sale and delivery of the Bonds remaining after satisfaction of the Reserve Requirement shall be paid into the Construction Accounts and used to pay the costs of the Improvements and the cost of issuing of the Bonds. Until needed to pay such costs, the City may invest principal proceeds temporarily in any legal investment, and the investment earnings may be retained in the Construction Accounts and be spent for the purposes of those accounts. Section 14. Covenants. The City covenants and agrees with the owner of each Bond at any time outstanding, as follows: (a) ULID Assessments. All ULID Assessments shall be paid into the Bond Fund and may be used to build up the required reserves in the Reserve Account and to pay the principal of and interest on the Parity Bonds, without those ULID Assessments’ being particularly allocated to the payment of the principal of and interest on any particular issue of bonds. (b) Maintenance and Operation. The City will at all times maintain, preserve and keep the properties of the System in good repair, working order and condition, will make all necessary and proper additions, betterments, renewals and repairs thereto, and improvements, replacements and extensions thereof, and will at all times operate or cause to be operated the properties of the System and the business in connection therewith in an efficient manner and at a reasonable cost. (c) Establishment and Collection of Rates and Charges. The City will establish, maintain and collect rates and charges for all services and facilities provided by the System ORD.B Page 76 of 436 -15- which will be fair and nondiscriminatory. To the extent allowable by law, those to which service of the System is available will be charged for that service at the prevailing rate within 30 days of the availability of that service. Furthermore, the City will adjust those rates and charges from time to time so that: (i) The Gross Revenue of the System will at all times be sufficient to (A) pay all Maintenance and Operation Expense on a current basis, (B) pay when due all amounts that the City is obligated to pay into the Bond Fund and the accounts therein, (C) pay all taxes, assessments or other governmental charges lawfully imposed on the System or the revenue therefrom or payments in lieu thereof and any and all other amounts which the City may now or hereafter become obligated to pay from the Gross Revenue of the System by law or contract; and (ii) The Net Revenue of the System and ULID Assessments in each calendar year will be at least equal to the Coverage Requirement. (d) Sale or Disposition of the System. The City will not sell or otherwise dispose of the System in its entirety unless, simultaneously with such sale or other disposition, all Parity Bonds are redeemed and retired, or defeased pursuant to the provisions of this ordinance. Furthermore, it will not sell, lease, mortgage or in any manner encumber or otherwise dispose of any part of the System, including all additions and improvements thereto and extensions thereof at any time made, that is used, useful or material in the operation of the System (each, as used in this subparagraph, a “transfer”), unless provision is made for the replacement thereof or for payment into the Bond Fund of the greatest of the following: (i) An amount which will be in the same proportion to the net amount of Parity Bonds then outstanding (defined as the total amount of those bonds less the amount of cash and investments in the Bond Fund and accounts therein) that the Gross Revenue of the System from the portion of the System sold or disposed of for the preceding year bears to the total Gross Revenue of the System for that period; or (ii) An amount which will be in the same proportion to the net amount of Parity Bonds then outstanding (as defined above) that the Net Revenue from the portion of the System sold or disposed of for the preceding year bears to the total Net Revenue of the System for such period; or (iii) An amount which will be in the same proportion to the net amount of Parity Bonds then outstanding (as defined above) that the cost of the assets sold or disposed of (less depreciation) bears to the cost of the assets of the entire System (less depreciation) immediately prior to such sale or disposition; or (iv) An amount which will be in the same proportion to the net amount of Parity Bonds then outstanding (as defined above) that the number of customers served by the portion of the System sold or disposed bears to the number of customers served by the entire System prior to such sale or disposition. Before any such transfer under this subsection (d) with respect to greater than 5% of the total assets of the System (measured by cost of the assets less depreciation), the City must obtain a certificate of an Independent Utility Consultant to the effect that in his or her professional ORD.B Page 77 of 436 -16- opinion, upon such transfer of assets, the remaining System will retain its operational integrity and the Net Revenue of the System will be at least equal to the Coverage Requirement during the five fiscal years following the fiscal year in which the transfer is to occur, taking into account (1) the reduction in revenue resulting from the transfer, (2) the use of any proceeds of the transfer for the redemption of Parity Bonds, and (3) the Independent Utility Consultant’s estimate of revenue from customers anticipated to be served by any additions to and betterments and extensions of the System financed in part by the proposed portion of the proceeds of the transfer. Notwithstanding any other provision of this subsection (d), (1) the City in its discretion may sell or otherwise dispose of any of the works, plant, properties or facilities of the System or any real or personal property comprising a part of the same which shall have become unserviceable, inadequate, obsolete or unfit to be used in the operation of the System, or no longer necessary, material to or useful to the operation of the System, without making any deposit into the Bond Fund, (2) the City may transfer the System to another municipal corporation so long as ULID Assessments and Net Revenue with respect to the portion of the System so transferred are used for payment of debt service on Parity Bonds prior to any other purpose, or (3) the City in its discretion may carry out such a transfer if the aggregate cost of the facilities, property or other assets (less depreciation) being transferred under this subparagraph comprises no more than 5% of the costs of all of the assets of the System (less depreciation). (e) Liens Upon the System. The City will not at any time create or permit to accrue or to exist any lien or other encumbrance or indebtedness upon the Gross Revenue of the System, or any part thereof, prior or superior to the lien thereon for the payment of Parity Bonds, and will pay and discharge, or cause to be paid and discharged, any and all lawful claims for labor, materials or supplies which, if unpaid, might become a lien or charge upon the Gross Revenue of the System, or any part thereof, prior to or superior to the lien of the Parity Bonds, or which might impair the security of the Parity Bonds. (f) Books and Accounts. The City will keep proper books, records and accounts with respect to the operations, income and expenditures of the System in accordance with proper accounting procedures and any applicable rules and regulations prescribed by the State of Washington. It will prepare annual financial and operating statements within 270 days of the close of each fiscal year showing in reasonable detail the financial condition of the System as of the close of the previous year, and the income and expenses for such year, including the amounts paid into the Bond Fund and into any and all special funds or accounts created pursuant to the provisions of this ordinance, the status of all funds and accounts as of the end of such year, and the amounts expended for maintenance, renewals, replacements and capital additions to the System. Such statements shall be sent to the owner of any Parity Bonds upon written request therefor being made to the City. (g) No Free Service. Except to aid the poor or infirm, to provide for resource conservation or to provide for the proper handling of hazardous materials, it will not furnish or supply or permit the furnishing or supplying of any service or facility in connection with the operation of the System free of charge to any person, firm or corporation, public or private, other than the City, so long as any Parity Bonds are outstanding. (h) Collection of Delinquent Accounts. On at least an annual basis, it will determine all accounts that are delinquent and will take all necessary action to enforce payment of such accounts against those property owners whose accounts are delinquent. ORD.B Page 78 of 436 -17- (i) Fire and Extended Coverage Insurance. It will carry the types of insurance on its System properties in the amounts normally carried by private water, sewer and storm drainage utility companies engaged in the operation of water, sewer and storm drainage systems, and the cost of such insurance shall be considered a part of Maintenance and Operation Expense, or it will implement and maintain a self-insurance program or an insurance pool program with reserves adequate, in the reasonable judgment of the City, to protect the owners of the Parity Bonds against loss. (j) Condemnation Awards. Any condemnation awards received by the City in excess of l% of cost of the assets of the System (less depreciation) shall be applied to one or more of the following: (1) to the damaged property, (2) to retiring bonds, and (3) to improvements of the System. Section 15. Flow of Funds. (a) The Gross Revenue of the System shall be deposited in the System Funds and used for the following purposes only in the following order of priority: (i) To pay Maintenance and Operation Expense; (ii) To pay, together with ULID Assessments, first, the interest on and, second, the principal of the Parity Bonds when due or as the principal is required to be paid and to make all payments required to be made into any mandatory redemption or sinking fund account created to provide for the payment of the principal of Term Bonds; (iii) To make, together with ULID Assessments, all payments required to be made into the Reserve Account or its subaccounts and to make all payments required to be made pursuant to a reimbursement agreement in connection with an Alternate Security, except that if there is not sufficient money to make all payments under reimbursement agreements, the payments will be made on a pro rata basis; (iv) To make all payments required to be made into any revenue bond, note, warrant or other revenue obligation redemption fund, debt service account or reserve account created to pay or secure the payment of the principal of and interest on any revenue bonds, notes, warrants or other obligations of the City having a lien upon the revenue of the System subordinate to the lien thereon for the payment of the principal of and interest on any Parity Bonds; (v) To make necessary additions, betterments and improvements and repairs to or extensions and replacements of the System, to retire by redemption or purchase in the open market any outstanding revenue obligations or other obligations of the System, to make deposits into the Rate Stabilization Fund, or to provide for any other lawful City purpose. (b) To meet the required payments to be made into the Bond Fund, the City may transfer any money from any funds or accounts of the System legally available therefor, except bond redemption funds, refunding escrow funds, defeasance or other trust funds. Section 16. Provisions for Future Parity Bonds. The City reserves the right to issue Future Parity Bonds if the Parity Conditions are met and complied with at the time of the ORD.B Page 79 of 436 -18- issuance of those Future Parity Bonds. Notwithstanding the foregoing, nothing in this ordinance shall prevent the City from issuing Future Parity Bonds to refund maturing Parity Bonds then outstanding, money for the payment of which is not otherwise available. Furthermore, nothing contained in this ordinance shall prevent the City from issuing revenue bonds or other obligations that are a charge upon the Gross Revenue of the System subordinate to the payments required to be made into the Bond Fund for the payment of any Parity Bonds, or from pledging the payment of ULID assessments into a bond redemption fund created for the payment of the principal of and interest on those subordinate bonds or obligations if such ULID assessments are levied for improvements constructed from the proceeds of those subordinate bonds. Section 17. Separate Utility Systems. The City may create, acquire, construct, finance, own and operate one or more additional systems for water supply, sewer service, water, sewage or stormwater transmission, treatment or other commodity or service. The revenue of that separate utility system shall not be included in the Gross Revenue of the System and may be pledged to the payment of revenue obligations issued to purchase, construct, condemn or otherwise acquire or expand the separate utility system. Neither the Gross Revenue nor the Net Revenue of the System shall be pledged by the City to the payment of any obligations of a separate utility system except (1) as a Contract Resource Obligation upon compliance with Section 18 hereof and/or (2), with respect to the Net Revenue, on a basis subordinate to the lien of the Parity Bonds on that Net Revenue. Section 18. Contract Resource Obligations. (a) The City may at any time enter into one or more contracts or other obligations for the acquisition (from facilities yet to be constructed) of water supply, sewer service, water sewer or stormwater transmission, treatment or other commodity or service relating to the System. The City may determine that such contract or other obligation is a Contract Resource Obligation, and may provide that all payments under that Contract Resource Obligation (including payments prior to the time that water supply, transmission, treatment or other commodity or service is being provided, or during a suspension or after termination of supply or service) shall be Maintenance and Operation Expense if the following requirements are met at the time such Contract Resource Obligation is entered into: (i) No Event of Default as defined in Section 25 of this ordinance has occurred and is continuing. (ii) There is on file a certificate of an Independent Utility Consultant stating that (A) the payments to be made by the City in connection with the Contract Resource Obligation are reasonable for the supply, transmission, treatment or other service rendered; (B) the source of any new supply, and any facilities to be constructed to provide the supply, transmission, treatment or other service, are sound from a water, sewerage, or other commodity supply or transmission planning standpoint, are technically and economically feasible in accordance with prudent utility practice, and are likely to provide supply or transmission or other service no later than a date set forth in the Independent Utility Consultant’s certification; and (C) the Net Revenue (further adjusted by the Independent Utility Consultant’s estimate of the payments to be made in accordance with the Contract Resource Obligation) for the five fiscal years following the year in which the Contract Resource Obligation is incurred, as such Net Revenue is estimated by the Independent Utility Consultant (with such ORD.B Page 80 of 436 -19- estimate based on such factors as he or she considers reasonable), will be at least equal to the Coverage Requirement. (b) Payments required to be made under Contract Resource Obligations shall not be subject to acceleration. (c) Nothing in this Section 18 shall be deemed to prevent the City from entering into other agreements for the acquisition of water supply, sewer service, water, sewage or stormwater transmission, treatment or other commodity or service from existing facilities and from treating those payments as Maintenance and Operation Expense. Nothing in this Section 18 shall be deemed to prevent the City from entering into other agreements for the acquisition of water supply, transmission, treatment or other commodity or service from facilities to be constructed and from agreeing to make payments with respect thereto, such payments constituting a lien and charge on Net Revenue subordinate to that of the Outstanding Parity Bonds, the Bonds and any Future Parity Bonds. Section 19. Tax Covenants. (a) Preservation of Tax Exemption for Interest on Tax-Exempt Bonds. The City covenants that it will take all actions necessary to prevent interest on the Tax-Exempt Bonds from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of such Bonds or other funds of the City treated as proceeds of such Bonds at any time during the term of such Bonds which will cause interest on the Tax-Exempt Bonds to be included in gross income for federal income tax purposes. The City also covenants that it will, to the extent the arbitrage rebate requirements of Section 148 of the Code are applicable to the Tax-Exempt Bonds, take all actions necessary to comply (or to be treated as having complied) with those requirements in connection with such Bonds, including the calculation and payment of any penalties that the City has elected to pay as an alternative to calculating rebatable arbitrage, and the payment of any other penalties if required under Section 148 of the Code to prevent interest on the Tax-Exempt Bonds from being included in gross income for federal income tax purposes. (b) Post-Issuance Compliance. The Finance Director is authorized and directed to review and update the City’s written procedures to facilitate compliance by the City with the covenants in this Section 19 and the applicable requirements of the Code that must be satisfied after the Issue Date to maintain the tax treatment of the Tax-Exempt Bonds and the receipt of interest thereon. Section 20. Refunding or Defeasance of the Bonds. The City may issue refunding bonds pursuant to State law or use money available from any other lawful source to carry out a refunding or defeasance plan, which may include (a) paying when due the principal of and interest on the affected Bonds (the “defeased Bonds”); (b) redeeming the defeased Bonds prior to their maturity; and (c) paying the costs of the refunding or defeasance. If the City sets aside in a special trust fund or escrow account irrevocably pledged to that redemption or defeasance (the “trust account”), money and/or Government Obligations maturing at a time or times and bearing interest in amounts sufficient to redeem, refund or defease the defeased Bonds in accordance with their terms, then all right and interest of the Owners of the defeased Bonds in the covenants of this ordinance and in the funds and accounts obligated to the payment of the defeased Bonds shall cease and become void. Thereafter, the Owners of defeased Bonds shall have the right to receive payment of the principal of and interest on the defeased Bonds solely from the trust ORD.B Page 81 of 436 -20- account and the defeased Bonds shall be deemed no longer outstanding. In that event, the City may apply money remaining in any fund or account (other than the trust account) established for the payment or redemption of the defeased Bonds to any lawful purpose, subject only to the rights of the registered owners of any other Parity Bonds then outstanding. While a Bond is registered in the name of the Securities Depository, notice of any defeasance shall be given in the manner prescribed in the Letter of Representations for notices of redemption of Bonds. If a Bond ceases to be held in book-entry form, then unless specified by the City in a refunding or defeasance plan, selection of Bonds to be defeased, notice of defeasance and replacement of Bond certificates shall be done in accordance with the provisions of this ordinance for the redemption of Bonds prior to their maturity. If the refunding plan provides that the defeased Bonds or the refunding bonds to be issued be secured by cash and/or Government Obligations pending the prior redemption of those Bonds being refunded and if such refunding plan also provides that certain cash and/or Government Obligations are irrevocably pledged for the prior redemption of the defeased Bonds, then only the debt service on the Bonds which are not defeased Bonds and the refunding bonds, the payment of which is not so secured by the refunding plan, shall be included in the computation of the Coverage Requirement for the issuance of Future Parity Bonds and the annual computation of coverage for determining compliance with the rate covenants. Section 21. Sale and Delivery of the Bonds. (a) Manner of Sale of Bonds; Delivery of Bonds. The Designated Representative is authorized to sell the Bonds by negotiated sale to the Underwriter, based on her assessment of market conditions, in consultation with appropriate City officials and staff, Bond Counsel and other advisors. In determining the Final Terms, the Designated Representative shall take into account those factors that, in her judgment, may be expected to result in the lowest true interest cost on the Bonds to their maturity, including, but not limited to, current interest rates for obligations comparable to the Bonds. The Bond Purchase Agreement for the Bonds shall set forth the Final Terms of each Series of Bonds. The Designated Representative is authorized to execute the Bond Purchase Agreement on behalf of the City, so long as the terms provided therein are consistent with the terms of this ordinance. (b) Preparation, Execution and Delivery of the Bonds. The Bonds will be prepared at City expense and will be delivered to the Underwriter in accordance with the Bond Purchase Agreement, with the approving legal opinion of Bond Counsel regarding the Bonds. Section 22. Official Statement. (a) Preliminary Official Statement. The Designated Representative shall review the form of each preliminary official statement prepared in connection with the sale of the Bonds to the public. For the sole purpose of the Underwriter’s compliance with paragraph (b)(1) of Rule 15c2-12, the Designated Representative is authorized to “deem final” that preliminary official statement as of its date, except for the omission of information permitted to be omitted by Rule 15c2-12. The City approves the distribution to potential purchasers of the Bonds of a preliminary official statement that has been “deemed final” in accordance with this paragraph. (b) Approval of Final Official Statement. The City approves the preparation of a final official statement for the Bonds to be sold to the public in the form of the preliminary official statement, with such modifications and amendments as the Designated Representative deems ORD.B Page 82 of 436 -21- necessary or desirable, and further authorizes the Designated Representative to execute and deliver such final official statement to the Underwriter. The City authorizes and approves the distribution by the Underwriter of that final official statement to purchasers and potential purchasers of the Bonds. Section 23. Undertaking to Provide Continuing Disclosure. To meet the requirements of paragraph (b)(5) of Rule 15c2-12, as applicable to a participating underwriter for the Bonds, the City makes the following Undertaking for the benefit of holders of the Bonds: (a) Undertaking to Provide Annual Financial Information and Notice of Material Events. The City undertakes to provide or cause to be provided, either directly or through a designated agent, to the MSRB, in electronic format as prescribed by the MSRB, accompanied by identifying information as prescribed by the MSRB: (i) Annual financial information and operating data of the type included in the final official statement for the Bonds and described in subsection (b) of this section (“annual financial information”); (ii) Timely notice (not in excess of ten business days after the occurrence of the event) of the occurrence of any of the following events with respect to the Bonds: (1) principal and interest payment delinquencies; (2) non- payment-related defaults, if material; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notice of Proposed Issue (IRS Form 5701 – TEB) or other material notices or determinations with respect to the tax status of the Bonds; (7) modifications to rights of holders of the Bonds, if material; (8) Bond calls (other than scheduled mandatory redemptions of Term Bonds), if material, and tender offers; (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Bonds, if material; (11) rating changes; (12) bankruptcy, insolvency, receivership or similar event of the City, as such “Bankruptcy Events” are defined in Rule 15d2-12; (13) the consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) appointment of a successor or additional trustee or the change of name of a trustee, if material. (iii) Timely notice of a failure by the City to provide required annual financial information on or before the date specified in subsection (b) of this section. (b) Type of Annual Financial Information Undertaken to be Provided. The annual financial information that the City undertakes to provide in subsection (a) of this section: (i) Shall consist of (1) annual financial statements prepared (except as noted in the financial statements) in accordance with applicable generally ORD.B Page 83 of 436 -22- accepted accounting principles promulgated by the Government Accounting Standards Board (“GASB”) and made applicable to Washington state local governmental units such as the City, as such principles may be changed from time to time, which statements may be unaudited, provided, however, that if and when audited financial statements are otherwise prepared and available to the City they will be provided; (2) a statement of authorized, issued and outstanding bonded debt secured by Net Revenue of the System and ULID Assessments; (3) debt service coverage ratios; and (4) general customer statistics for the System; (ii) Shall be provided not later than the last day of the ninth month after the end of each fiscal year of the City (currently, a fiscal year ending December 31), as such fiscal year may be changed as required or permitted by State law, commencing with the City’s fiscal year ending December 31, 2012; and (iii) May be provided in a single or multiple documents, and may be incorporated by specific reference to documents available to the public on the Internet website of the MSRB or filed with the SEC. (c) Amendment of Undertaking. The Undertaking is subject to amendment after the primary offering of the Bonds without the consent of any holder of any Bond, or of any broker, dealer, municipal securities dealer, participating underwriter, rating agency or the MSRB, under the circumstances and in the manner permitted by Rule 15c2-12. The City will give notice to the MSRB of the substance (or provide a copy) of any amendment to the Undertaking and a brief statement of the reasons for the amendment. If the amendment changes the type of annual financial information to be provided, the annual financial information containing the amended financial information will include a narrative explanation of the effect of that change on the type of information to be provided. (d) Beneficiaries. The Undertaking evidenced by this section shall inure to the benefit of the City and the Beneficial Owner of a Bond, and shall not inure to the benefit of or create any rights in any other person. (e) Termination of Undertaking. The City’s obligations under this Undertaking shall terminate upon the legal defeasance of all of the Bonds. In addition, the City’s obligations under this Undertaking shall terminate if those provisions of Rule 15c2-12 which require the City to comply with this Undertaking become legally inapplicable in respect of the Bonds for any reason, as confirmed by an opinion of nationally recognized bond counsel, or other counsel familiar with federal securities laws, delivered to the City, and the City provides timely notice of such termination to the MSRB. (f) Remedy for Failure to Comply with Undertaking. As soon as practicable after the City learns of any failure to comply with the Undertaking, the City will proceed with due diligence to cause such noncompliance to be corrected. No failure by the City or other obligated person to comply with the Undertaking shall constitute a default in respect of the Bonds. The sole remedy of any holder of a Bond shall be to take such actions as that holder deems necessary, including seeking an order of specific performance from an appropriate court, to compel the City or other obligated person to comply with the Undertaking. (g) Designation of Official Responsible to Administer Undertaking. The Finance Director (or such other officer of the City who may in the future perform the duties of that office) ORD.B Page 84 of 436 -23- or his or her designee is authorized and directed in his or her discretion to take such further actions as may be necessary, appropriate or convenient to carry out the Undertaking of the City in respect of the Bonds set forth in this section and in accordance with Rule 15c2-12, including, without limitation, the following actions: (i) Preparing and filing the annual financial information undertaken to be provided; (ii) Determining whether any event specified in subsection (a) has occurred, assessing its materiality, where necessary, with respect to the Bonds, and, if material, preparing and disseminating any required notice of its occurrence; (iii) Determining whether any person other than the City is an “obligated person” within the meaning of Rule 15c2-12 with respect to the Bonds, and obtaining from such person an undertaking to provide any annual financial information and notice of listed events for that person in accordance with Rule 15c2-12; (iv) Selecting, engaging and compensating designated agents and consultants, including but not limited to financial advisors and legal counsel, to assist and advise the City in carrying out the Undertaking; and (v) Effecting any necessary amendment of the Undertaking. Section 24. Supplemental or Amendatory Ordinances. This ordinance shall not be modified or amended in any respect subsequent to the initial issuance of the Bonds, except as provided in and in accordance with and subject to the provisions of this section. For purposes of this provision, the passage of an ordinance authorizing the issuance of Future Parity Bonds shall not be considered a supplemental ordinance. (a) Certain Supplemental or Amendatory Ordinances Permitted Without Bond Owner Consent. The City, from time to time, and at any time, without the consent of or notice to the registered owners of the Bonds or the Parity Bonds, may pass supplemental or amendatory ordinances as set forth in this subsection (a). Before the City shall pass any such supplemental or amendatory ordinance pursuant to this subsection, there shall have been delivered to the City and the Bond Registrar an opinion of Bond Counsel, stating that such ordinance is authorized or permitted by this ordinance and, upon the execution and delivery thereof, will be valid and binding upon the City in accordance with its terms and will not adversely affect the exclusion from gross income for federal income tax purposes of interest on any tax-exempt Parity Bonds then outstanding. The permitted purposes under this subsection (a) are: (i) To cure any formal defect, omission, inconsistency or ambiguity in this ordinance in a manner not adverse to the owner of any Parity Bond; (ii) To impose upon the Bond Registrar (with its consent) for the benefit of the registered owners of the Bonds any additional rights, remedies, powers, authority, security, liabilities or duties which may lawfully be granted, conferred or imposed and which are not contrary to or inconsistent with this ordinance as theretofore in effect; ORD.B Page 85 of 436 -24- (iii) To add to the covenants and agreements of, and limitations and restrictions upon, the City in this ordinance, other covenants, agreements, limitations and restrictions to be observed by the City which are not contrary or inconsistent with this ordinance as theretofore in effect; (iv) To confirm, as further assurance, any pledge under, and the subjection to any claim, lien or pledge created or to be created by this ordinance of any other money, securities or funds; (v) To authorize different denominations of the Bonds and to make correlative amendments and modifications to this ordinance regarding exchangeability of Bonds of different authorized denominations, redemptions of portions of Bonds of particular authorized denominations and similar amendments and modifications of a technical nature; (vi) To modify, alter, amend or supplement this ordinance in any other respect which is not materially adverse to the registered owners of Parity Bonds and which does not involve a change described in subsections (b) or (c) of this section; (vii) Because of change in federal law or rulings, to maintain the exclusion from gross income of the interest on the Tax-Exempt Bonds from federal income taxation; and (viii) To add to the covenants and agreements of, and limitations and restrictions upon, the City in this ordinance, other covenants, agreements, limitations and restrictions to be observed by the City which are requested by the Bond Insurer (if any) or provider of an Alternate Security and which changes are not materially adverse to the registered owners of Parity Bonds. (b) Supplemental or Amendatory Ordinances Requiring Consent of All Registered Owners. Unless approved in writing by the registered owners of all Parity Bonds then outstanding, nothing contained in this section shall permit, or be construed as permitting: (1) a change in the times, amounts or currency of payment of the principal of or interest on any outstanding Parity Bond or a reduction in the principal amount or redemption price of any outstanding Parity Bond or a change in the redemption price of any outstanding Parity Bond or a change in the method of determining the rate of interest thereon; (2) a preference of priority of any Parity Bonds or any other bond or bonds, or (3) a reduction in the aggregate principal amount of any Parity Bond. (c) Supplemental or Amendatory Ordinances Requiring Consent of Registered Owners of 60% of Parity Bonds Outstanding. In addition to any ordinance permitted pursuant to paragraph (a) and subject to the terms and conditions contained in subsection (d) and not otherwise, registered owners of not less than 60% in aggregate principal amount of the Parity Bonds then outstanding shall have the right from time to time to consent to and approve the adoption by the City of any supplemental or amendatory ordinance deemed necessary or desirable by the City for the purpose of modifying, altering, amending, supplementing or rescinding, in any particular, any of the terms or provisions contained in this ordinance, as follows: ORD.B Page 86 of 436 -25- (i) If at any time the City shall propose any supplemental or amendatory ordinance under this subsection (c), the City shall cause the Bond Register to give notice of the proposed supplemental or amendatory ordinance by first-class United States mail to all registered owners of any then outstanding Parity Bonds, to the Bond Insurer (if any), and to the Rating Agency. Such notice shall briefly set forth the nature of the proposed supplemental or amendatory ordinance and shall state that a copy thereof is on file at the office of the Bond Registrar for inspection by all registered owners of the outstanding Parity Bonds. (ii) At any time within two years after the date of the mailing of such notice, the City may pass such supplemental or amendatory ordinance in substantially the form described in such notice, but only if there shall have first been delivered to the Bond Registrar (1) the required consents, in writing, of the registered owners of the Parity Bonds, and (2) an opinion of Bond Counsel stating that such ordinance is authorized or permitted by this ordinance and, upon the execution and delivery thereof, will be valid and binding upon the City in accordance with its terms and will not adversely affect the exclusion from gross income for federal income tax purposes of interest on any tax-exempt Parity Bonds then outstanding. (iii) If registered owners of not less than the percentage of then outstanding Parity Bonds required by this subsection (c) shall have consented to and approved the proposed ordinance, no owner of outstanding Parity Bonds shall have any right (1) to object to the passage of such ordinance, (2) to object to any of the terms and provisions contained therein or the operation thereof, (3) in any manner to question the propriety of the passage thereof, or (4) to enjoin or restrain the City or the Bond Registrar from adopting the same or taking any action pursuant thereto. Upon the adoption of the supplemental or amendatory ordinance pursuant to the provisions of this section, this ordinance shall be, and shall be deemed to be, supplemented and amended accordingly. The respective rights, duties and obligations under this ordinance of the City, the Bond Registrar and all registered owners of Parity Bonds, shall thereafter be determined, exercised and enforced under this ordinance subject in all respects to such supplements and amendments. Section 25. Defaults and Remedies. (a) Events of Default. The following shall constitute “Events of Default” with respect to the Bonds: (i) If a default is made in the payment of the principal of or interest on any of the Bonds when the same shall become due and payable; or (ii) If the City defaults in the observance and performance of any other of the covenants, conditions and agreements on the part of the City set forth in this ordinance or any covenants, conditions or agreements on the part of the City contained in any Parity Bond authorizing ordinance and such default or defaults have continued for a period of six months after they have received from the Bondowners’ Trustee (as defined below) or from the registered owners of not less ORD.B Page 87 of 436 -26- than 25% in principal amount of the Parity Bonds, a written notice specifying and demanding the cure of such default. However, if the default in the observance and performance of any other of the covenants, conditions and agreements is one which cannot be completely remedied within the six months after written notice has been given, it shall not be an Event of Default with respect to the Bonds as long as the City has taken active steps within 90 days after written notice has been given to remedy the default and is diligently pursuing such remedy. (iii) If the City files a petition in bankruptcy or is placed in receivership under any state or federal bankruptcy or insolvency law. (b) Bondowners’ Trustee. So long as such Event of Default has not been remedied, a bondowners’ trustee (the “Bondowners’ Trustee”) may be appointed by the registered owners of 25% in principal amount of the Parity Bonds then outstanding, by an instrument or concurrent instruments in writing signed and acknowledged by such registered owners of the Parity Bonds or by their attorneys-in-fact duly authorized and delivered to such Bondowners’ Trustee, notification thereof being given to the City. That appointment shall become effective immediately upon acceptance thereof by the Bondowners’ Trustee. Any Bondowners’ Trustee appointed under the provisions of this Section 25(b) shall be a bank or trust company organized under the laws of the State of Washington or the State of New York or a national banking association. The bank or trust company acting as Bondowners’ Trustee may be removed at any time, and a successor Bondowners’ Trustee may be appointed, by the registered owners of a majority in principal amount of the Parity Bonds, by an instrument or concurrent instruments in writing signed and acknowledged by such registered owners of the Bonds or by their attorneys- in-fact duly authorized. The Bondowners’ Trustee may require such security and indemnity as may be reasonable against the costs, expenses and liabilities that may be incurred in the performance of its duties. If any Event of Default is, in the sole judgment of the Bondowners’ Trustee, cured and the Bondowners’ Trustee furnishes to the City a certificate so stating, that Event of Default shall be conclusively deemed to be cured and the City, the Bondowners’ Trustee and the registered owners of the Parity Bonds shall be restored to the same rights and position which they would have held if no Event of Default had occurred. The Bondowners’ Trustee appointed in the manner herein provided, and each successor thereto, is declared to be a trustee for the registered owners of all the Parity Bonds and is empowered to exercise all the rights and powers herein conferred on the Bondowners’ Trustee. (c) Suits at Law or in Equity. Upon the happening of an Event of Default and during the continuance thereof, the Bondowners’ Trustee may (and, upon the written request of the registered owners of not less than 25% in principal amount of the Parity Bonds outstanding, must) take such steps and institute such suits, actions or other proceedings, all as it may deem appropriate for the protection and enforcement of the rights of the registered owners of the Parity Bonds, to collect any amounts due and owing to or from the City, or to obtain other appropriate relief, and may enforce the specific performance of any covenant, agreement or condition contained in this ordinance or in any of the Parity Bonds. Nothing contained in this Section 25 shall, in any event or under any circumstance, be deemed to authorize the acceleration of maturity of principal on the Parity Bonds, and the remedy of acceleration is expressly denied to the registered owners of the Parity Bonds under any circumstances including, without limitation, upon the occurrence and continuance of an Event of Default. ORD.B Page 88 of 436 -27- Any action, suit or other proceedings instituted by the Bondowners’ Trustee hereunder shall be brought in its name as trustee for the Bondowners and all such rights of action upon or under any of the Parity Bonds or the provisions of this ordinance may be enforced by the Bondowners’ Trustee without the possession of any of those Parity Bonds and without the production of the same at any trial or proceedings relative thereto except where otherwise required by law. Any such suit, action or proceeding instituted by the Bondowners’ Trustee shall be brought for the ratable benefit of all of the registered owners of those Parity Bonds, subject to the provisions of this ordinance. The respective registered owners of the Parity Bonds, by taking and holding the same, shall be conclusively deemed irrevocably to appoint the Bondowners’ Trustee the true and lawful trustee of the respective registered owners of those Parity Bonds, with authority to institute any such action, suit or proceeding; to receive as trustee and deposit in trust any sums becoming distributable on account of those Parity Bonds; to execute any paper or documents for the receipt of money; and to do all acts with respect thereto that the registered owner himself or herself might have done in person. Nothing herein shall be deemed to authorize or empower the Bondowners’ Trustee to consent to accept or adopt, on behalf of any registered owner of the Parity Bonds, any plan of reorganization or adjustment affecting the Parity Bonds or any right of any registered owner thereof, or to authorize or empower the Bondowners’ Trustee to vote the claims of the registered owners thereof in any receivership, insolvency, liquidation, bankruptcy, reorganization or other proceeding to which the City is a party. (d) Application of Money Collected by Bondowners’ Trustee. Any money collected by the Bondowners’ Trustee at any time pursuant to this Section 25 shall be applied in the following order of priority: (i) First, to the payment of the charges, expenses, advances and compensation of the Bondowners’ Trustee and the charges, expenses, counsel fees, disbursements and compensation of its agents and attorneys. (ii) Second, to the payment to the persons entitled thereto of all installments of interest then due on the Parity Bonds in the order of maturity of such installments and, if the amount available shall not be sufficient to pay in full any installment or installments maturing on the same date, then to the payment thereof ratably, according to the amounts due thereon to the persons entitled thereto, without any discrimination or preference. (iii) Third, to the payment to the persons entitled thereto of the unpaid principal amounts of any Parity Bonds which shall have become due (other than Parity Bonds previously called for redemption for the payment of which money is held pursuant to the provisions hereto), whether at maturity or by proceedings for redemption or otherwise, in the order of their due dates and, if the amount available shall not be sufficient to pay in full the principal amounts due on the same date, then to the payment thereof ratably, according to the principal amounts due thereon to the persons entitled thereto, without any discrimination or preference. (e) Duties and Obligations of Bondowners’ Trustee. The Bondowners’ Trustee shall not be liable except for the performance of such duties as are specifically set forth herein. During an Event of Default, the Bondowners’ Trustee shall exercise such of the rights and powers vested in it hereby, and shall use the same degree of care and skill in its exercise, as a ORD.B Page 89 of 436 -28- prudent person would exercise or use under the circumstances in the conduct of his or her own affairs. The Bondowners’ Trustee shall have no liability for any act or omission to act hereunder except for the Bondowners’ Trustee’s own negligent action, its own negligent failure to act or its own willful misconduct. The duties and obligations of the Bondowners’ Trustee shall be determined solely by the express provisions of this ordinance, and no implied powers, duties or obligations of the Bondowners’ Trustee shall be read into this ordinance. The Bondowners’ Trustee shall not be required to expend or risk its own funds or otherwise incur individual liability in the performance of any of its duties or in the exercise of any of its rights or powers as the Bondowners’ Trustee, except as may result from its own negligent action, its own negligent failure to act or its own willful misconduct. The Bondowners’ Trustee shall not be bound to recognize any person as a registered owner of any Bond until his or her title thereto, if disputed, has been established to its reasonable satisfaction. The Bondowners’ Trustee may consult with counsel and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith and in accordance with the opinion of such counsel. The Bondowners’ Trustee shall not be answerable for any neglect or default of any person, firm or corporation employed and selected by it with reasonable care. (f) Suits by Individual Bondowners Restricted. Neither the registered owner nor the beneficial owner of any one or more of Parity Bonds shall have any right to institute any action, suit or proceeding at law or in equity for the enforcement of same unless: (i) an Event of Default has happened and is continuing; and (ii) a Bondowners’ Trustee has been appointed; and (iii) such owner previously shall have given to the Bondowners’ Trustee written notice of the Event of Default on account of which such suit, action or proceeding is to be instituted; and (iv) the registered owners of 25% in principal amount of the then outstanding Parity Bonds have made, after the occurrence of such Event of Default, written request of the Bondowners’ Trustee and have afforded the Bondowners’ Trustee a reasonable opportunity to institute such suit, action or proceeding; and (v) there have been offered to the Bondowners’ Trustee security and indemnity satisfactory to it against the costs, expenses and liabilities to be incurred therein or thereby; and (vi) the Bondowners’ Trustee has refused or neglected to comply with such request within a reasonable time. No registered owner or beneficial owner of any Parity Bond shall have any right in any manner whatever by his or her action to affect or impair the obligation of the City to pay from the Net Revenue the principal of and interest on such Parity Bonds to the respective owners thereof when due. ORD.B Page 90 of 436 -29- Section 26. Ratification. All actions previously taken in accordance with this ordinance are hereby ratified and confirmed. Section 27. Effective Date of Ordinance. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. PASSED by the City Council and APPROVED by the Mayor of the City of Auburn, Washington, at a regular open public meeting thereof, this 19th day of February, 2013. Peter B. Lewis, Mayor ATTEST: Danielle Daskam, City Clerk APPROVED AS TO FORM: Foster Pepper PLLC, Bond Counsel PUBLISHED: ORD.B Page 91 of 436 EXHIBIT A – Description of the Improvements The following Improvements are expected to be funded with proceeds of the Bonds. The estimates are only estimates at this time. The Improvements shall be carried out in accordance with the plans and specifications prepared by the City’s engineers and consulting engineers. The City Council may modify the details of the Improvements where, in its judgment, it appears advisable if such modifications do not substantially alter the purposes of that system or plan. Water System (Estimated Projects Total – $6,684,000.00) Location # Project Name Cost Estimate 1 Fulmer Well Field Improvements $1,955,000.00 2 Well 4 Power & Chlorination 1,199,000.00 3 Water Repair & Replacements 1,500,000.00 4 Lakeland Hills Reservoir & Improvements 750,000.00 5 Water Meter & Billing Improvements 500,000.00 6 BNSF Utilities Crossing 780,000.00 Storm Drainage System (Estimated Projects Total – $4,835,000.00) Location # Project Name Cost Estimate 1 Auburn Way South Flooding Phase 2 $1,638,000.00 2 30th St NE Area Flooding Phase 1 2,697,000.00 3 BNSF Utilities Crossing 500,000.00 ORD.B Page 92 of 436 B-1 EXHIBIT B – Parity Conditions As set forth in Section 16 of this Ordinance, the City may issue Future Parity Bonds on a parity with the Bonds and the Outstanding Parity Bonds if and only if the following conditions are met and complied with at the time of issuance of those proposed Future Parity Bonds: (a) There shall be no deficiency in the Bond Fund. (b) The ordinance providing for the issuance of the Future Parity Bonds shall provide that all assessments and interest thereon that may be levied in any ULID created for the purpose of paying, in whole or in part, the principal of and interest on those Future Parity Bonds, shall be paid directly into the Bond Fund, except for any prepaid assessments permitted by law to be paid into a construction fund or account. (c) The ordinance providing for the issuance of those Future Parity Bonds shall provide for the payment of the principal thereof and interest thereon out of the Bond Fund. (d) The ordinance providing for the issuance of such Future Parity Bonds shall provide for the deposit into the Reserve Account or a subaccount therein of (i) an amount equal to the Reserve Requirement for those Future Parity Bonds from the Future Parity Bond proceeds or other money legally available, or (ii) an Alternate Security (or an amount of cash plus Alternate Security) equal to the Reserve Requirement for those Future Parity Bonds, or (iii) to the extent that the Reserve Requirement is not funded from Future Parity Bond proceeds, other legally available money or Alternate Security at the time of issuance of those Future Parity Bonds, within five years from the date of issue of the Future Parity Bonds from ULID Assessments, if any, levied and first collected for the payment of the principal of and interest on those Future Parity Bonds and, to the extent that ULID Assessments are insufficient, then from the Net Revenue of the System in five approximately equal annual payments. (e) The ordinance authorizing the issuance of such Future Parity Bonds shall provide for the payment of mandatory redemption or sinking fund requirements into the Bond Fund for any Term Bonds to be issued and for regular payments to be made for the payment of the principal of such Term Bonds on or before their maturity, or, as an alternative, the mandatory redemption of those Term Bonds prior and up to their maturity date from money in the Principal and Interest Account. (f) There shall be on file with the City either: (i) A certificate from an Independent Utility Consultant showing that in his or her professional opinion, based on any 12 consecutive calendar months out of the immediately preceding 24 calendar months, the Net Revenue of the System (together with any ULID Assessment collections) shall be equal to the Coverage Requirement for each year thereafter. The certificate, in estimating the Net Revenue of the System available for debt service, may adjust Net Revenue of the System to reflect: (1) Any changes in rates in effect and being charged or expressly committed by ordinance to be made in the future; (2) Income derived from customers of the System who have become customers during the 12 consecutive month period or thereafter adjusted to reflect one year’s net revenue from those customers; ORD.B Page 93 of 436 B-2 (3) Income from any customers to be connected to the System who have paid the required connection charges; (4) The Independent Utility Consultant’s estimate of the Net Revenue of the System to be derived from customers anticipated to connect for whom new building permits have been issued; (5) The Independent Utility Consultant’s estimate of the Net Revenue of the System to be derived from customers with existing homes or buildings which will be required to connect to any additions to and improvements and extensions of the System constructed and to be paid for out of the proceeds of the sale of the additional Future Parity Bonds or other additions to and improvements and extensions of the System then under construction and not fully connected to the facilities of the System when such additions, improvements and extensions are completed; (6) Income received or to be received which is derived from any person, firm, corporation or municipal corporation under any executed contract for utility service, which revenue was not included in the historical Net Revenue of the System; and (7) Any increases or decreases in Net Revenue as a result of any actual or reasonably anticipated changes in Maintenance and Operation Expense subsequent to the 12-month period. (ii) In lieu of the certificate of an Independent Utility Consultant as described in paragraph (f)(i), there may be on file from the City Finance Director, a certificate showing that in his or her professional opinion, based on any 12 consecutive calendar months out of the immediately preceding 24 calendar months, and without the adjustments described in subparagraphs (1) through (7), above, the Net Revenue of the System shall be equal to the Coverage Requirement for each year thereafter. No certificate provided for in this paragraph (f) shall be required in connection with the issuance of a bond issue if the amount of bonds proposed to be issued does not exceed the ULID Assessments levied in support of such bond issue by more than $5,000.00 plus any amount of the proceeds of such bonds deposited in the Reserve Account as capitalized reserve. Furthermore, if the Future Parity Bonds proposed to be so issued are for the sole purpose of refunding outstanding Parity Bonds, no such certification of coverage shall be required if the Annual Debt Service in each year for the refunding bonds is not increased by $5,000.00 over the amount required for the bonds to be refunded thereby and the maturities of those refunding bonds are not extended beyond the maturities of the bonds to be refunded thereby. ORD.B Page 94 of 436 CERTIFICATION I, the undersigned, City Clerk of the City of Auburn, Washington (the “City”), hereby certify as follows: 1. The attached copy of Ordinance No. 6451 (the “Ordinance”) is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on February 19, 2013, as that ordinance appears on the minute book of the City; and the Ordinance will be in full force and effect five days after publication in the City’s official newspaper; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the passage of the Ordinance. IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of February, 2013. CITY OF AUBURN, WASHINGTON _____________________________________ Danielle Daskam, City Clerk ORD.B Page 95 of 436 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6453 Date: February 5, 2013 Department: Planning and Development Attachments: Agenda Bill Ord 6453 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Budget Impact: $0 Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6453. Background Summary: See attached Agenda Bill. Reviewed by Council Committees: Other: Hearing Examiner, Planning, Bldg; Parks, Fire, PW Councilmember:Backus Staff:Snyder Meeting Date:February 19, 2013 Item Number:ORD.C AUBURN * MORE THAN YOU IMAGINEDORD.C Page 96 of 436 AGENDA BILL APPROVAL FORM Agenda Subject Ordinance No. 6453, River Mobile Home Park – Zoning Map Amendment (Rezone), REZ12-0001 Date: February 12, 2013 Department: Planning and Development Attachments: See listing below Budget Impact: N/A Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6453 approving the River Mobile Home Park Zoning Map Amendment (Rezone) with one condition. AGENT: K. Michael McDowell, Principal Confluence Environmental Company 146 North Canal Street #111 Seattle, WA 98103 APPLICANT/OWNER: Dean Moser, Managing Director (River Estates Mobile Home Park) HCA Management 7250 Redwood Boulevard #350 Novato, CA 94945 REQUEST: File No. REZ12-0001 Rezoning of the northern approximately 5.95 acres of a 31.5 acre parcel, #0004000098 from “P1, Public Use” to “R-MHC, Manufactured/Mobile Home Community Zone” LOCATION: The northern approximately 5.95-acres of Parcel #0004000098. Site is located south of the mobile home park at 3611 “I” ST NE within NE quarter of Section 6, T 21 North, R 5 East, W.M. EXISTING ZONING: P1, Public Use District EXISTING COMPREHENSIVE PLAN DESIGNATION: Moderate Density Residential SEPA STATUS: A Determination of Non-Significance (DNS) was issued under city file SEP12- 0016 on August 29, 2012. The comment period ended September 12, 2012 and the appeal period ended September 26, 2012. Reviewed by Council & Committees: Reviewed by Departments & Divisions: Arts Commission COUNCIL COMMITTEES: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Services Finance Parks Human Services Planning & D Fire Planning Park Board Public Works Legal Police Planning Comm. Other Public Works Human Resources Action: Committee Approval: Yes No Council Approval: Yes No Call for Public Hearing ___/___/____ Referred to _________________________________ Until ____/___/____ Tabled ______________________________________ Until ___/___/____ Councilmember: Backus Staff: Snyder Meeting Date: February 19, 2013 Item Number: ORD.C Page 97 of 436 Agenda Subject: Ordinance No 6453 River Mobile Home Park Zoning Map Amendment (Rezone) Date: February 12, 2013 Page 2 The current Comprehensive Plan designation, zoning classification and land uses of the site and surrounding properties are as follows: Comprehensive Plan Designation Zoning Classification Land Use Site Moderate Density Residential P1, Public Use Vacant North Moderate Density Residential RMHC, Residential Manufactured Home Community Mobile home park South Public and Quasi- Public P1, Public Use Vacant except for overhead electrical transmission lines on lattice towers, an underground water transmission pipeline and constructed storm drainage ponds and naturally occurring wetlands East Open Space P1, Public Use Green River West High Density Residential R20, 20 dwelling units per acre Multiple family residential and I Street NE ORD.C Page 98 of 436 Agenda Subject: Ordinance No 6453 River Mobile Home Park Zoning Map Amendment (Rezone) Date: February 12, 2013 Page 3 ORD.C Page 99 of 436 Agenda Subject: Ordinance No 6453 River Mobile Home Park Zoning Map Amendment (Rezone) Date: February 12, 2013 Page 4 A. FINDINGS 1. The applicant submitted a comprehensive plan map amendment, rezone (zoning map amendment) and environmental checklist applications on June 8, 2012; the submittal deadline for processing of annual Comprehensive Plan Amendments. 2. The application was submitted by K. Michael McDowell, Principal, of Confluence Environmental Company on behalf of Dean Moser, Managing Director, River Estates Mobile Home Park and HCA Management, Applicant. 3. The zoning map amendment (rezone) application seeks to change the zoning classification applicable to the northern 5.95-acres of a parcel (Parcel # 0004000098) located west of the Green River from “P1, Public Use” to “R-MHC, Manufactured/Mobile Home Community Zone”. The subject property is located east of the 3400 block of I Street NE and directly south of the River Mobile Home Park which is addressed as 3611 I Street NE (Parcel # 0621059002). 4. The property requested for change is owned by the City storm utility. It was acquired by the stormwater utility division of the City for future municipal regional storm water management purposes in 1995. Subsequent, changes in drainage standards and more specific storm drainage modeling by the city indicated that the entirety of the parcel was no longer needed. An update to the City’s Comprehensive Drainage Plan was processed as a Comprehensive Plan Amendment last year based on this storm drainage modeling of this drainage basin (CPA11-0003 – P/T#7). The City is in the process of recognizing a portion of the city-owned property as “surplus” and conducting the public hearing as required under RCW 35.94.040. 5. The portion of the parcel requested for change is undeveloped. The balance of the parcel is undeveloped, except for the overhead electrical transmission lines on lattice towers (Bonneville Power Administration), an underground water transmission pipeline (Tacoma Pipeline No. 5) and storm drainage ponds and naturally occurring wetlands. 6. The site does not border public streets. 7. The property is located within the King County portion of the City of Auburn. It was annexed to City in 1959 by Ordinance No. 1300. 8. The subject property had a “Single Family Residential” comprehensive plan designation and was zoned “R2, Single Family Residential” since at least 1987. The comprehensive plan designation was changed to “Public Quasi-Public” and the zoning changed to “P1, Public Use” after the city’s acquisition of the parcel in 1995 for potential use for future municipal regional storm water management purposes. 9. The Comprehensive Plan Amendment and related rezoning change have been requested by the Applicant for the purpose of changing the land use designation. The change is to facilitate future development of replacement mobile home spaces and the park’s recreational vehicle parking that will be displaced by King County Reddington Levee setback and Extension Project. The King County Flood Control District is acquiring the east end of the mobile home park (and a row of mobile home spaces closest to the Green River) in order to relocate the levee further west and away from the River and allow additional flood capacity and river migration area. ORD.C Page 100 of 436 Agenda Subject: Ordinance No 6453 River Mobile Home Park Zoning Map Amendment (Rezone) Date: February 12, 2013 Page 5 10. The following explanation of the King County Reddington Levee Extension and Setback Project is excerpted from the agency website: (http://www.kingcounty.gov/environment/wlr/sections-programs/river- floodplain-section/capital- projects/reddington-levee-setback-and-extension.aspx) The project The Reddington Levee Setback and Extension Project, as a component of King County’s Green River levee system, is part of a larger overall flood management strategy for the entire Green River. This project will set back and extend the Reddington Levee along the left (west) bank of the Green River through a portion of the City of Auburn. The project is proposed in two phases. The first phase is located from Brannan Park (26th Street Northeast) north to the north boundary of the Plat of Auburn 40 (a.k.a. Monterey Park) approximately 43rd Street Northeast. Problem addressed The project will result in a wider corridor for moving flood flows, and a wider riparian corridor with enhanced ecological benefits. It will greatly reduce flood risk to residents, businesses and infrastructure within the City of Auburn and the Green River Valley. Once the new setback levee is constructed and the existing levee removed, the river channel will be free to migrate laterally and form new channel patterns in this area. The project includes approximately 6,600 linear feet (LF) of setback levee. The southern end of the project includes removing existing rock armoring and the existing levee prism that is currently sitting along the river’s edge. The northern end of the project will extend the levee north to 43rd Street Northeast. Project goals The Green River basin is located in Water Resource Inventory Area (WRIA) 9. The WRIA 9 Salmon Habitat Plan identifies actions for the recovery of endangered salmon in the Green River, including specific project recommendations. The plan calls for side channel rehabilitation within the Reddington Levee Setback and Extension project plan area (Project LG-1). The proposed Reddington project not only accomplishes the side channel reconnection goal, it also removes channel armoring, incorporates engineered log structures and riparian revegetation, and avoids the use of tide gates thereby allowing access for juvenile and adult salmonids. • The Reddington Levee Setback and Extension Project goals are to: • Reduce flood risks to residents of Auburn and the Green River Valley by: • Replacing levees that do not meet modern structural design standards and have a history of seepage problems • Extending the levee system where no levee currently exists along roughly a mile of river bank from just north of the River Mobile Home Park to 43rd Street Northeast ORD.C Page 101 of 436 Agenda Subject: Ordinance No 6453 River Mobile Home Park Zoning Map Amendment (Rezone) Date: February 12, 2013 Page 6 • Setting back levees to reduce their susceptibility to scour, the forceful removal and translocation of sediment by heavy water flows • Increasing the flow containment capacity of the levee system beyond 12,000 cubic feet per second • Improve natural river functions to improve habitat by: o Setting back levees to allow for more channel movement within the project area o Allowing the river to meander, scour and develop a more complex ecosystem, which includes formation of rearing habitat for juvenile salmon o Providing floodplain refuge for fish to avoid high flow velocities o Protecting existing vegetation and restoring a corridor of native vegetation to increase shoreline and channel shading, support the riparian food web, and improve fish and wildlife habitat adjacent to and within the river channel Project time line The Phase I project is planned for construction in 2013 and will cover approximately 6,600 feet of levee. 11. The King County Flood Control District will financially compensate the mobile park owner and the mobile park residents for the acquisition and displacement consistent with applicable state and federal laws. As a separate and distinct action from the County’s project, the mobile park owner seeks to replace the approximately 16 mobile home spaces and the park’s recreational vehicle parking area that will be displaced by the levee project. 12. Nearly simultaneously with the requested change in comprehensive plan and zoning designations, the mobile home park owner has approached the City for acquisition of a portion of this city-owned parcel. Upon successful conclusion of negotiations, a Boundary Line Adjustment or other method will be required to combine the area of acquisition (the approximately 5.95 acres) with the existing mobile home park. 13. At its November 7, 2012 public hearing, the Planning Commission reviewed CPM #2 (File # CPA12-0002) Comprehensive Plan Map amendment to Map No. 14.1 – River Mobile Home Park (HCA Management) to change the comprehensive plan designation from “Public/Quasi-Public” to “Moderate Density Residential” of the northern portion of Parcel # 0004000098. The Planning Commission forwarded its recommendation to the City Council. 14. At its December 10, 2012 meeting, the Planning and Community Development Committee of the City Council reviewed the Comprehensive Plan Amendments and draft Ordinance No. 6440 and recommended approval, as recommended by the Planning Commission. On December 17, 2012 the City council approved ordinance No. 6440 approving the change in comprehensive plan designation of the subject property from “Public/Quasi-Public” to “Moderate Density Residential” of the northern portion of Parcel # 0004000098. 15. On January 14, 2013 and February 11, 2013 the Planning and Community Development Committee of the City Council reviewed and discussed the various city approvals related to the King County Reddington Levee project, including this rezone. The items were also ORD.C Page 102 of 436 Agenda Subject: Ordinance No 6453 River Mobile Home Park Zoning Map Amendment (Rezone) Date: February 12, 2013 Page 7 reviewed and discussed by the Public Works Committee on January 22, 2013 at their regular meeting. 16. Pursuant to ACC 18.68.030 and ACC 18.68.040, all applications for a rezone shall be reviewed by the Planning Director prior to the scheduling of a public hearing. After review of the application, the Director shall determine which of the following two processes should occur to properly hear the rezone: a. If the rezone is consistent with the Comprehensive Plan, then the Hearing Examiner shall conduct a public hearing on the rezone and make a recommendation to the City Council pursuant to ACC 18.66.170. This application is consistent with the comprehensive plan, as outlined in the Conclusions, below. 17. Pursuant to ACC 14.07.030 (Notice if open record predecision hearing required) and ACC 14.02.070 (“Project Permit Application” definition) a Notice of Application is required for site specific rezones and notice of a public hearing shall be given at least 15 days prior to the public hearing in accordance with ACC 14.07.030 and ACC 14.07.040. A combination notice of application and public hearing was issued and published in the Seattle Times on January 8, 2013; this combined notice was mailed to the property owners within 300 feet of the subject site, and posted on the subject property meeting the notification requirements 18. Per ACC 18.09.010 the intent of the “R-MHC, Manufactured/Mobile Home Community Zone” district and its application is to site is to provide a residential zone of single-family manufactured homes exclusively within a planned community. It is further intended that the R-MHC zone shall only be prescribed in those areas that are bordered on, contain physical features, or shall be planned and designed as part of a larger development incorporating other housing types in a manner which limits further expansion into adjacent areas. 19. As identified in ACC 18.09,020, the R-MHC, Manufactured/Mobile Home Community Zone district classification allows a very limited range of uses, primarily as a manufactured/mobile home community and their accessory uses. The development standards of the zone are contained in ACC 18.09.030 and ACC 18.31.190, Supplemental development standards for residential mobile home communities. 20. A Determination of Non-Significance was issued for the River Estates Mobile Home Park (HCA Management) Comprehensive Plan Map Amendment and rezone under City File No. SEP12-0016 on August 29, 2012. No comments were received or appeals filed. B. CONCLUSIONS: ACC Chapter 18.68 provides certain criteria for approval of a rezone. Following is a staff analysis of the requested application with the criteria. 1. The rezone must be consistent with the Comprehensive Plan. Staff analysis: The purpose of the City’s Comprehensive Plan document is to provide a policy basis for the future zoning changes to ensure that the Comprehensive Plan and Zoning Ordinance are consistent as required by the following city code section: ORD.C Page 103 of 436 Agenda Subject: Ordinance No 6453 River Mobile Home Park Zoning Map Amendment (Rezone) Date: February 12, 2013 Page 8 “ACC 14.22.050 Conformance and consistency. The zoning, land division and other development codes contained or referenced within Auburn City Code shall be consistent with and implement the intent of the comprehensive plan. Capital budget decisions shall be made in conformity with the comprehensive plan.’ On December 17, 2012 the City council approved ordinance No. 6440 approving the change in comprehensive plan designation of the subject property from “Public/Quasi-Public” to “Moderate Density Residential” of the northern portion of Parcel # 0004000098. The Comprehensive Plan contains policy guidance that relate to this rezone application. Chapter 14, Comprehensive Plan Map, starting at page 14-5 provides the following purpose and description of the ‘Moderate Density Residential’ Comprehensive Plan designation: “Moderate Density Residential Purpose: To provide a transition between single family residential areas and other more intensive designations, as well as other activities which reduce the suitability of potential residential areas for single family uses (such as high traffic volumes). In so doing, this designation will offer opportunities for housing types which balance residential amenities with the need to provide economical housing choice, in a manner consistent with conserving the character of adjacent single family areas. Description: Moderate density residential areas are planned to accommodate moderate densities of varying residential dwelling types. Appropriate densities in these areas shall range from 8 to 10 units net per acre and potentially 16 units per net acre, where properties have frontage on an arterial or residential collector. Dwelling types would generally range from single family units to multiple-family dwellings, with larger structures allowed (at the same overall density) where offsetting community benefits can be identified. Structures designed to be occupied by owner-managers shall be encouraged within this designation. Compatible Uses: Public and quasi-public uses that have land use impacts similar to moderate to high density residential uses are appropriate within this category. Also, uses which require access to traffic (such as schools and churches) are appropriate for these areas. Carefully developed low intensity office, or residentially related commercial uses (such as day care centers) can be compatible if developed properly. This designation can include manufactured home parks. Criteria for Designation: Areas particularly appropriate for such designation are: 1. Areas between single family residential uses and all other uses. 2. Areas adjacent to, or close to, arterials designated in the transportation element. 3. Existing manufactured home parks. 4. Areas sandwiched between higher intensity uses, but not directly served by an arterial. ORD.C Page 104 of 436 Agenda Subject: Ordinance No 6453 River Mobile Home Park Zoning Map Amendment (Rezone) Date: February 12, 2013 Page 9 5. Urban infill areas not appropriate for single family uses but also not capable of supporting higher density uses. Considerations Against Applying this Designation: Areas to generally be avoided by moderate density residential designations include: 1. Areas surrounded by lower density uses. 2. Areas more appropriate for commercial or higher density uses due to traffic or extensively developed public facilities. 3. Areas within the Region Serving Area designated by this Plan (except as otherwise provided by the Plan). 4. Any areas not planned to be served by water and sewer systems. Appropriate Implementation: This designation can be implemented by three zones: 1) R-10: Permits 10 dwelling units per net acre. The zoning allows single family dwellings and duplexes as permitted uses. Multiple-family dwellings, some residential supporting uses, and professional offices as part of a mixed-use development may be permitted as conditional uses. 2) R-16: Permits 16 dwelling units per net acre. The zoning allows for a variety of housing types, including single family, duplexes, and multiple-family dwellings and mixed-use development. 3) R-MHC: Manufactured/Mobile Home Community permits the development of manufactured home parks on property that is at least 5 acres in size. The base density is 10 dwelling units per net acre.” The requested zoning change would make the zoning classification of the portion of the property consistent with the recent change in comprehensive plan designation. Also, in Chapter 3, Land Use, the Comprehensive Plan document provides various policies which promote additional residential development in order to meet community and growth management goals. The following excerpted policies support residential development and this zoning change: “LU-13 The City should promote the provision, preservation and maintenance of adequate housing for the city's residents by encouraging a balanced mix of housing types and values appropriate to the income levels and lifestyles of area residents. Auburn has always been willing to accept its "fair share" of low and moderate cost housing opportunities. However, this has translated into a great disparity in Puget Sound communities with cities such as Auburn receiving more of these types of housing than other comparable communities. This has had impacts in terms of the costs of meeting human service needs as well as some poorly maintained multifamily properties which have caused a variety of problems. Auburn will work to insure that housing units are equitably distributed across the region in terms of both physical location and cost.” ORD.C Page 105 of 436 Agenda Subject: Ordinance No 6453 River Mobile Home Park Zoning Map Amendment (Rezone) Date: February 12, 2013 Page 10 “LU-24 The development of residential areas should recognize the importance of community and public facilities in developing a sense of neighborhood and community.” “LU-37 Siting of moderate density units shall be encouraged as a buffer between single family areas and more intense uses. Such buffering is appropriate along arterials where existing platting prevents effective lot layout for single family units. Also, such buffering is appropriate between single family areas and commercial and industrial uses. Where there are established single family areas, the design and siting of moderate density units shall be controlled to reduce potential conflicts and to ensure buffering of uses. Higher density units are not to be considered such a buffer.” The city-owned property requested for change does not border a public street and is bordered by overhead electrical lines and underground water lines. Thus, the existing configuration does not lend itself to a wide variety of uses, but is suitable for replacement of housing stock that is being lost to the levee project. The replacement of the mobile homes is consistent with the Comprehensive Plan policies of supporting diversity and preservation of housing and maintaining neighborhoods. In addition Chapter 3, Land Use, recognizes the value of manufactured home and mobile home parks. The Plan recognizes that mobile home parks serve a community purpose of filling a need for affordable housing. The section entitled “manufactured homes” identifies these specific areas and specifically recognizes and addresses the need within the city as follows: “Manufactured Homes Manufactured homes provide affordable housing to many Auburn residents. In many cases, they provide the opportunity of home ownership to households which cannot afford to purchase more traditional types of housing. However, poorly designed, high density manufactured home parks can raise the same issues that multiple family developments pose. Careful design and placement of manufactured housing in parks especially with appropriate landscaping, can greatly reduce problems associated with such development. This Plan's policies continue to recognize the benefits that manufactured homes can have on housing affordability. Improved codes requiring high standards for the design and siting of manufactured home parks and units on individual lots should be implemented. Objective 7.6 To continue to allow manufactured homes as an affordable form of home ownership, provided that such developments are carried out in a manner which supports rather than detracts from the quality of the community and adjacent uses. Policies: LU-39 The siting of new manufactured home parks shall be subject to the same policies applicable to high density residential development. Manufactured home park densities should not exceed 8 units per acre. New manufactured home parks shall be bordered or contained by physical features, or planned and designed as part of a larger development incorporating other housing types in a manner which limits further manufactured home park expansion into adjacent areas.” The request allows the continuation of manufactured homes as a more affordable form of home ownership. ORD.C Page 106 of 436 Agenda Subject: Ordinance No 6453 River Mobile Home Park Zoning Map Amendment (Rezone) Date: February 12, 2013 Page 11 2. The rezone must be initiated by someone other than the City in order for the Hearing Examiner to consider the request. Staff Analysis: The rezone application was submitted by K. Michael McDowell, Principal, of Confluence Environmental Company on behalf of Dean Moser, Managing Director, River Estates Mobile Home Park and HCA Management. 3. Any changes or modifications to a rezone request made by either the Hearing Examiner or City Council will not result in a more intense zone than the one requested. Staff Analysis: The requested rezone change, from “P-1, Public Use” district, to “R-MHC, Manufactured/Mobile Home Community Zone”, will not result in a more intense zone. In addition, Washington case law has identified other criteria for rezone applications (see Parkridge v. Seattle, 89 Wn.2d.454; 573 P.2d 359 (1978) (conditions must have changed since the original zoning was established and the proposed rezone must bear a substantial relationship to the general welfare of the community); Ahmann-Yamane, LLC v. Tabler, 105 Wn. App. 103, 111 (2001) (proponents of a rezone must establish that conditions have substantially changed since the original showing and that the rezone must bear a substantial relationship to the public health, safety, morals or welfare; provided, that a showing of a change of circumstances has occurred is not required if a rezone implements the Comprehensive Plan.)). a. Conditions in the area must have changed since the original zoning was established. Staff Analysis: The rezone proposal implements the comprehensive plan land use designation for the subject property. As mentioned under the Findings of Fact, a comprehensive plan map amendment was processed in 2012 and approved by the City Council Ordinance No 6440. The proposed rezone would adjust the zoning of the property to correspond and be consistent with the comprehensive plan designation. Showing of a change of circumstances has occurred is not required if a rezone implements the Comprehensive Plan. b. The proposed rezone must bear a substantial relationship to the general welfare of the community. Staff Analysis: The property is currently undeveloped vacant land. Rezoning the subject property to R-MHC, Manufactured/Mobile Home Community Zone will match the zoning district to the comprehensive plan designation. As noted above, Chapter 3, Land Use, the Comprehensive Plan document provides various policies which promote additional residential development in order to meet community and growth management goals. The change will benefit the community and general welfare. C. HEARING EXAMINER RECOMMENDATION After conducting a properly advertised public hearing, the Hearing Examiner issued a written recommendation of approval on February 4, 2013 with the following condition: 1. The rezone shall not go into effect until closing of the sale of the subject property from the City to the Applicant. ORD.C Page 107 of 436 Agenda Subject: Ordinance No 6453 River Mobile Home Park Zoning Map Amendment (Rezone) Date: February 12, 2013 Page 12 D. EXHIBIT LIST Exhibit 1 Staff Report Exhibit 2 Ordinance No. 6453 Exhibit 3 Legal Description Exhibit 4 Vicinity Map Exhibit 5 Zoning map showing the current and proposed zoning Exhibit 6 Aerial Photograph ORD.C Page 108 of 436 ORDINANCE NO 6 4 5 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE REQUEST OF HCA MANAGEMENT LLC FOR REZONING OF THE NORTHERN 5 95 ACRES OF A PARCEL FROM P1, PUBLIC USE TO RMHC, RESIDENTIAL MOBILE HOME COMMUNITY TO IMPLEMENT THE COMPREHENSIVE PLAN AND AMENDING THE CITY'S ZONING MAPS WHEREAS, the City of Auburn on August 18, 1986 adopted a Comprehensive Plan by Resolution No 1703 which includes a Map establishing the location of the Comprehensive Plan Land Use Designations throughout the City; and WHEREAS, on April 17, 1995 the City of Auburn adopted Comprehensive Plan Amendments by Resolution No. 2635 to comply with the Washington State Growth Management Act; and WHEREAS, the City of Auburn on September 5, 1995 reaffirmed that action by Ordinance No. 4788; and WHEREAS, Dean Moser of HCA Management, dba The River, dba River Mobile Estates, a California General Partnership, the Applicant, submitted a rezone application File #REZ12-0001) for the River Estates Mobile Home Park, LLC rezone on June, 8 2012 for the northern 5 95 acres of the parcel identified by parcel number 0004000098; and WHEREAS, the Applicant intends to seek, contemporaneous with the requested rezone, to have the subject parcel segregated by the Boundary Line Adjustment provisions of the Auburn City Code (ACC) along the lines of the division of the zoning districts of the subject parcel, consistent with the legal descriptions thereof as set forth Ordinance No. 6453 February 13, 2013 Page 1 ORD.C Page 109 of 436 in the document attached hereto, marked as Exhibit "A" and incorporated herein by this reference; and WHEREAS, the environmental impacts of proposed rezone were considered in accordance with procedures of the State Environmental Policy Act; and WHEREAS, after proper notice published in the City's official newspaper at least ten (10) days prior to the date of hearing, the City of Auburn Hearing Examiner on January 23, 2013 conducted a public hearing on the proposed River Estates Mobile Home Park, LLC Rezone, and WHEREAS, at the public hearing the City of Auburn Hearing Examiner heard public testimony and took evidence and exhibits into consideration, and WHEREAS, thereafter the City of Auburn Hearing Examiner made a recommendation to the City Council on the proposed River Estates Mobile Home Park, LLC Rezone, and WHEREAS, on, February 19, 2013, the Auburn City Council considered the proposed River Estates Mobile Home Park, LLC Rezone, as recommended by the City of Auburn Hearing Examiner; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS Section 1. The City Council ("Council") adopts and approves the River Estates Mobile Home Park, LLC Rezone, from P1, Public Use to RMHC, Residential Mobile Home Community and directs that the rezone application and all related documents be Ordinance No. 6453 February 13 2013 Page 2 ORD.C Page 110 of 436 filed along with this Ordinance with the Auburn City Clerk and be available for public inspection. Section 2. The Zoning Map amendment is herewith designated as a basis for the exercise of substantive authority under the Washington State Environmental Policy Act (SEPA) by the City's responsible environmental official in accordance with RCW 43.21 C 060 Section 3. The Council adopts the Findings of Fact and Conclusions of Law, in the Hearing Examiner's recommendation outlined below- FINDINGS OF FACT Procedural: 1 Applicant. The Applicant is HCA Management. 2.Hearing. The Hearing Examiner conducted a hearing on the application on January 23, 2013 at 5 30 p.m. at the City Council chambers at Auburn City Hall. Substantive: 3 Site/Proposal Description. The Applicant has requested a rezone of 5 95 acres of a 31 5-acre parcel from P-1, Public Use District, to R-MHC, Manufactured/Mobile Home Community Zone The rezone will serve to allow for the displacement of mobile homes within a mobile home park in order to accommodate a levee project for King County along the Green River The rezone is also necessary to make the zoning map designation consistent with the underlying "Moderate Density Residential" comprehensive plan land use map designation. More specifically, the zoning map amendment (rezone) application seeks to change the zoning classification applicable to the northern 5 95-acres of a parcel (Parcel # 0004000098) located west of the Green River from "P1, Public Use" to "R-MHC, Manufactured/Mobile Home Community Zone" The subject property is located east of the 3400 block of I Street NE and directly south of the River Mobile Home Park which is addressed as 3611 1 Street NE (Parcel# 0621059002) Ordinance No. 6453 February 13, 2013 Page 3 ORD.C Page 111 of 436 qa6ed CIOZ '£ftienjgad M79ONaaueuipJp AluoII!Meajeauozaiay} aou!s -loo}s6u!snoyu! 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A}!oayl (L#JJd — E000-4WdO) u!seq96eu!ejps!y} ;o6wlapowobeweip wio}ss!y} uopaseqjeaA }sel }uawpuawyueldan!suayaidwoC) asepassaooid seenuelda6eu!eJdan!suayaidwoos,A}!oay} o} a}epdnuy 'papaauja6uolou seenlaoieday};oA}ai!}uaay} }ey} pa}eo!pwA}!:Day} Aq6u!lapowa6eu!eipwio}soy!oads ajowpuespiepue}sa6eu!ejpwsa6ueyo '}uanbasgnsA}Qay} ;ouo!s!n!pA}!i!}n is}ennwio}say} Aqpai!nboeseenA}iadadayl -sasodind }uawa6euewia}ennwio}s leuo!6ailed!o!unwain}n; jo; asnle!}ua}odJo; 9666weajeauozaiay} pannboeA}!oayl spuel}annbuwn000Allein}eupuespuodabewejpwio}spue (9ONau!lad!dewooel) aupad!duo!ss!wsuej} ia}ennpunoibiepunue '(uo!}eJ}s!wwpyJannodap!nauuog) sJanno} ao!}}eluosau!luo!ss!wsueJ} leou}oalapeayJanoay} Jo; }daoxa 'padolanapunsilaoied ay} ;oaoueleqaylpadolanapunsi96ueyojo; pa}senbailaoieday} ;ouo!}iodayl ORD.C Page 112 of 436 accommodate about the same number of mobile home spaces as those displaced, there should be no appreciable increase in noise or traffic impacts. CONCLUSIONS OF LAW Procedural- 1 Authority of Hearing Examiner ACC 18 68 030(B)(1)(a) grants the Hearing Examiner with the authority to review and make a recommendation on rezone requests to the City Council if the planning director determines that the rezone requests are consistent with the comprehensive plan. The planning director has determined that the rezone request is consistent with the comprehensive plan. Substantive: 2.Comprehensive Plan Land Use Map Designation. The Comprehensive Plan Land Use Map designation for the proposed rezone area is "Moderate Density Residential." 3 Case Law Review Criteria and Application. The Auburn City Code does not include any criteria for rezone applications. Washington appellate courts have imposed some rezone criteria, requiring that the proponents of a rezone must establish that conditions have substantially changed since the original showing and that the rezone must bear a substantial relationship to the public health, safety, morals or welfare See Ahmann-Yamane, LLC v Tabler, 105 Wn. App 103, 111 (2001) If a rezone implements the Comprehensive Plan, a showing that a change of circumstances has occurred is not required. Id. at 112. The proposed rezone from P1 to R-MHC clearly meets the judicial criteria for a rezone There is no question that the proposal is necessary to implement the comprehensive plan, as the comprehensive plan land use map designation for the property is currently Moderate Density Residential and the current P1 zoning is inconsistent with that designation. In point of fact, the rezone is mandated by RCW 36 70A.120 and ACC 14.22.050, which requires the City's zoning regulations to be consistent with its comprehensive plan. Although there are three zoning map designations consistent with the Moderate Density comprehensive plan map designation, the R-MHC is the most appropriate rezone for the area in question. The R-MHC. zoning designation allows for the southern extension of the River Mobile Home Park, which is clearly the most compatible Moderate Density Residential use for that area. The other two zoning classifications that implement the Moderate Density Residential designation are the R-10 and R-16 Residential zoning districts. Ordinance No. 6453 February 13, 2013 Page 5 ORD.C Page 113 of 436 The rezone bears a substantial relationship to the public health, safety, morals and welfare because it will not result in any significant adverse impacts as determined in Finding of Fact No 5 while at the same time mitigating the impacts of public works projects and preserving diversity in housing stock as determined in Finding of Fact No 5 HEARING EXAMINER'S RECOMMENDATION The Hearing Examiner recommends approval of REZ12-0001, subject to the condition that the rezone not go into effect until closing of the sale of the subject property from the City to the Applicant. Section 4. Upon the passage, approval, and publication of this Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this Ordinance to be recorded in the office of the King County Recorder Section 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any of the Zoning Map amendments adopted herein, is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof Section 6. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 7. This Ordinance shall take effect and be in force five days from and after (1) its passage, approval, and publication as provided by law, and (2) on the effective date of the Boundary Line Adjustment separating the northern 5 95 acres of the subject Parcel from the remainder thereof, in accordance with the provisions of the Auburn City Code (ACC) and consistent with the division of the zoning districts of the subject parcel, as requested in rezone application (File #REZ12-0001) and as described Ordinance No. 6453 February 13 2013 Page 6 ORD.C Page 114 of 436 in the legal descriptions set forth on the document attached hereto, marked as Exhibit A" and incorporated herein by this reference, and (3) upon the closing of the sale of the said northern 5.95 acres from the City to the Applicant. INTRODUCED- PASSED- APPROVED- Peter B Lewis MAYOR ATTEST Danielle E. Daskam, City Clerk APPROVED AS TO FORM- Daniel B Hei , City Attorney Published: Ordinance No. 6453 February 13, 2013 Page 7 ORD.C Page 115 of 436 Exhibit "A" - Property Legal Descriptions Legal Description for entire 31 5-acre Parcel Number 0004000098 Lot D of City of Auburn Short Plat No 20-80, as recorded under Survey Number 8101079005, and corrected by affidavit under Recording Number 8104280802, being a portion of the Harvey H Jones Donation Land Claim located in Section 6, Township 21 North, Range 5 East, W.M., in King County, Washington; TOGETHER WITH an easement for ingress and egress as provided in instrument recorded under Recording Number 8402020439 and clarified by instrument recorded under Recording Number 9007311728 Legal Description for northern 5 95 acres of Parcel Number 0004000098 A portion of the northeast quarter of Section 6, Township 21 North, Range 5 East, W M., in King County, Washington, being more particularly described as follows Commencing at the northwest corner of said Section 6, Thence S 88 053'01" E along the north line of said Section 6, a distance of 2245 36 feet to the west line of George E. King Donation Land Claim #40; Thence S 00 131'08" W along said west line 937 42 feet to the northwest corner of River View Estates — Mobile Home Park as recorded in Record of Survey in Volume 11 of Surveys, Page 253 under recording number 197801319003, Thence continuing S 00°31'08" W 727 13 feet; Thence S 89 023'12" E 250 00 feet; Thence S 00 031'08" W 200 00 feet to the south line of Government Lots 15, 14, and 8, Thence east along south line of said Government Lot, S 89 023'12" E 655 75 feet to the True Point of Beginning, Thence S 00 019'20" W 118.04 feet; Thence S 66 043'16" E 18 11 feet; Thence S 89 023'12" E 171 68 feet; Thence S 30 006'10" E 144 39 feet; Thence S 57 003'19" E 18.21 feet; Thence S 89 023'12" E 407.23 feet; Thence N 25 026'59" E 75 89 feet; Thence S 89 023'12" E 535 52 feet; Ordinance No. 6453 February 13, 2013 Page 8 ORD.C Page 116 of 436 K:\69-Development\2012\691204 - River Home Mobile Park\Legals\LEGAL DESCRIPTION.docx EXHIBIT A LEGAL DESCRIPTION RIVER MOBILE HOME EXPANSION A portion of the northeast quarter of Section 6, Township 21 North, Range 5 East, W . M., in King County, Washington, being more particularly described as follows: Commencing at the northwest corner of said Section 6; Thence S 88º53’01” E along the north line of said Section 6, a distance of 2245.36 feet to the west line of George E. King Donation Land Claim #40; Thence S 00º31’08” W along said west line 937.42 feet to the northwest corner of River View Estates – Mobile Home Park as recorded in Record of Survey in Volume 11 of Surveys, Page 253 under recording number 197801319003; Thence continuing S 00º31’08” W 727.13 feet; Thence S 89º23’12” E 250.00 feet; Thence S 00º31’08” W 200.00 feet to the south line of Government Lots 15, 14, and 8; Thence east along south line of said Government Lot, S 89º23’12” E 655.75 feet to the True Point of Beginning; Thence S 00º19’20” W 118.04 feet; Thence S 66º43’16” E 18.11 feet; Thence S 89º23’12” E 171.68 feet; Thence S 30º06’10” E 144.39 feet; Thence S 57º03’19” E 18.21 feet; Thence S 89º23’12” E 407.23 feet; Thence N 25º26’59” E 75.89 feet; Thence S 89º23’12” E 535.52 feet; ORD.C Page 117 of 436 K:\69-Development\2012\691204 - River Home Mobile Park\Legals\LEGAL DESCRIPTION.docx Thence N 11º56’13” E 193.80 feet to the south line of said Government Lots; Thence westerly along the south line of said Government Lots, N 89º23’12” W 1290.80 feet to the True Point of Beginning. See attached Exhibit Written by: JPC Checked by: JPC ORD.C Page 118 of 436 FILE NO. SEP12-0016 CPA12-0002 & REZ12-0001 Printed Date: 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 Created by City of Auburn eGIS 8/23/2012 ORD.C Page 119 of 436 ORD.C Page 120 of 436 CPM#2, CPA12-0002, River Mobile Park Printed Date: 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 Created by City of Auburn eGIS 9/9/2012 ORD.C Page 121 of 436 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6454 Date: February 5, 2013 Department: Planning and Development Attachments: Exhibit 1 Agenda Bill Ord 6454 Exhibit 3 Exhibit 4 Exhibit 5 Budget Impact: $0 Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6454. Background Summary: See attached Agenda Bill. Reviewed by Council Committees: Other: Hearing Examiner, Planning, Building, Fire, PW Councilmember:Backus Staff:Snyder Meeting Date:February 19, 2013 Item Number:ORD.D AUBURN * MORE THAN YOU IMAGINEDORD.D Page 122 of 436 AGENDA BILL APPROVAL FORM Page 1 of 12 Agenda Subject Ordinance No 6454, Auburn School District Zoning Map Amendment (Rezone) REZ12-0004, Date: February 12, 2013 Department: Planning and Development Attachments: See listing below. Budget Impact: N/A Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6454 approving the Auburn School District Zoning Map Amendment (Rezone) without conditions. AGENT: Camie Anderson, Senior Associate Shockey Planning Group, Inc. 2716 Colby Avenue Everett, WA 98201 APPLICANT/OWNER: Jeffrey L. Grose, Executive Director of Capital Projects Auburn School District No. 408 915 Fourth Street NE Auburn, WA 98002 REQUEST: File No. REZ12-0004 Rezoning of two parcels totaling approximately 0.63 acres located SE of the Auburn High School from “RO, Residential Office”, to “I, Institutional”, and to change 12 parcels totaling approximately 1.74 acres located NW of the high school from “R20, Residential 20 dwelling units/acre” to “I, Institutional”. LOCATION: The request involves two physically separate locations; two parcels located SE of the high school and twelve parcels located NW of the high school. The address of the high school is 800 4th Street NE. Reviewed by Council & Committees: Reviewed by Departments & Divisions: Arts Commission COUNCIL COMMITTEES: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Services Finance Parks Human Services Planning & D Fire Planning Park Board Public Works Legal Police Planning Comm. Other Public Works Human Resources Action: Committee Approval: Yes No Council Approval: Yes No Call for Public Hearing ___/___/____ Referred to _________________________________ Until ____/___/____ Tabled ______________________________________ Until ___/___/____ Councilmember: Backus Staff: Snyder Meeting Date: February 19, 2013 Item Number: ORD.D Page 123 of 436 Agenda Subject: Ordinance No. 6454, Auburn School District Zoning Map Amendment (Rezone) Date: February 12, 2013 LOCATION ADDRESSES & PARCELS: The addresses of the southeast (SE) corner parcels are: 6858700005 - 803 E MAIN ST 6858700015 - 815 E MAIN ST The addresses of the Northwest (NW) corner parcels are: 4184400145 - 502 3RD ST NE 4184400150 - Not available (vacant) 4184400155 - Not available (vacant) 4184400160 - 512 3RD ST NE 4184400170 - Not available (vacant) 4184400180 - Not available (vacant) 4184400185 - Not available (vacant) 4184400195 - 523 2ND ST NE 4184400200 - Not available (vacant) 4184400205 - 513 2ND ST NE 4184400215 - 505 2ND ST NE 4184400220 - 206 E ST NE EXISTING ZONING: SE corner – two parcels totaling 0.63 acres zoned “RO, Residential Office” NW corner – twelve parcels totaling 1.74 acres zoned “R2O, Residential 20 dwelling units/acre.” EXISTING COMPREHENSIVE PLAN DESIGNATION: SE corner – two parcels totaling 0.63 acres designated “Public and Quasi-Public” NW corner – twelve parcels totaling 1.74 acres designated “Public and Quasi-Public”. SEPA STATUS: A Determination of Non-Significance (DNS) was issued under city file SEP12-0021 on September 4, 2012. The comment period ended September 18, 2012 and the appeal period ended October 2, 2012. No appeals or comments were received. ORD.D Page 124 of 436 Agenda Subject: Ordinance No. 6454, Auburn School District Zoning Map Amendment (Rezone) Date: February 12, 2013 The Comprehensive Plan designation, zoning designation and land uses of the site and surrounding properties are as follows: Current Comprehensive Plan Current Zoning Current Land Use Site Location Parcels SE of High School Parcels NW of High School Parcels SE of High School Parcels NW of High School Parcels SE of High School Parcels NW of High School On-site Public and Quasi-Public Public and Quasi-Public RO, Residential Office R20, 20 d.u. per acre Professional and medical offices School Facilities, Single Family & Multiple Family Residences, & Vacant North Public/ Quasi- Public Public/ Quasi-Public I, Institutional I, Institutional High School School District Swimming Pool, Parking Lot & Uses South Office Residential Public/ Quasi-Public RO, Residential Office I, Institutional Professional offices & Single Family Residences Elementary School East Office Residential Public/ Quasi-Public RO, Residential Office I, Institutional Professional offices and Commercial High School West Public/ Quasi- Public High Density Residential I, Institutional R20, 20 d.u. per acre High School Single Family & Multiple Family Residences & Professional Offices ORD.D Page 125 of 436 Agenda Subject: Ordinance No. 6454, Auburn School District Zoning Map Amendment (Rezone) Date: February 12, 2013 A. FINDINGS 1. The Comprehensive Plan map amendment, rezone (zoning map amendment) and environmental checklist applications were accepted on June 8, 2012, the submittal deadline for processing of annual Comprehensive Plan Amendments. 2. The application was submitted by Camie Anderson, Senior Associate, Shockey Planning Group on behalf of Jeffrey Grose, Executive Director of Capital Projects, Auburn School District, Applicant. 3. The zoning map amendment (rezone) application seeks to change the zoning classification of fourteen parcels; two parcels totaling approximately 0.63 acres located SE of the Auburn High School from “RO, Residential Office” to “I, Institutional” and to change 12 parcels totaling approximately 1.74 acres located NW of the high school from "R 20, Residential 20 dwelling units/acre" to "I, Institutional." The sites are SE and NW of the high school addressed as 800 4th ST NE, Auburn. ORD.D Page 126 of 436 Agenda Subject: Ordinance No. 6454, Auburn School District Zoning Map Amendment (Rezone) Date: February 12, 2013 4. The 2 parcels totaling 0.63 acres located SE of the Auburn High School contain an existing professional office and a medical office. At the time of the rezone application submittal, the District had acquired the property or is in the process of acquiring and has secured the property owner‟s permission to file this application. 5. The 12 parcels totaling approximately 1.74 acres located NW of the school, are either vacant or contain a single family or multiple family residence. At the time of the rezone application submittal, the District had acquired the property or is in the process of acquiring and has secured the property owner‟s permission to file applications with the City. 6. The request seeks to change the designation of 14 parcels; 2 parcels totaling 0.63 acres located SE of the Auburn High School and 12 parcels totaling approximately 1.74 acres located NW of the high school. The parcels requested for change are each rectangular in shape and have been previously platted. 7. The two parcels totaling 0.63 acres located SE of the Auburn High School are bordered to the south by developed East Main Street designated by the City as a „Minor Arterial‟ street within a 60- foot right-of-way. The 12 parcels totaling approximately 1.74 acres located NW of the high school, considered together border the developed right-of-way of E Street NE designated as a „Local Residential‟ street within a 60-foot right-of-way. 8. NW of the high school, the one-block length of public alley between the 12 parcels, (extending east from E Street NE approximately midway between 2nd and 3rd Street NE) and the one block portion of 2nd street NE located south of the 12 parcels have been requested by the School District to be vacated. (City File # V1-12). The vacation was approved by city council on December 17, 2012 by Ordinance No. 6431. 9. The property is located within the King County portion of the City of Auburn and is within the original incorporated boundary of the City (circa 1890). 10. The 2 parcels totaling 0.63 acres located SE of the Auburn High School have had a “Residential Office” comprehensive plan designation and were zoned RO, Residential Office since 1987. 11. The 12 parcels totaling approximately 1.74 acres located NW of the school have a “High Density Residential‟ comprehensive plan designation and were zoned R4, Multiple Family Residential (and subsequently amended to R20, 20 dwelling units per acre) since 1987. 12. As indicated by the Applicant‟s narrative submitted with the application, the Comprehensive Plan Amendment and related rezoning have been requested for the purpose of changing the land use designation of the property to ensure the ability for future redevelopment. The comprehensive plan map amendment and rezone are requested for the purpose of facilitating the „Auburn High School Modernization and Reconstruction Project‟. The following information on the Auburn High School Modernization and Reconstruction Project originates from the School District website: http://ahsproject.auburn.wednet.edu/ahsproject/Info/ “Project Information Introduction:  Auburn High School was built in 1950 and expanded five times since then. ORD.D Page 127 of 436 Agenda Subject: Ordinance No. 6454, Auburn School District Zoning Map Amendment (Rezone) Date: February 12, 2013  The school provides excellent programs and extensive community facilities but does so in an aging building that is no longer cost-effective to operate and maintain.  To address this situation, Auburn School District is working on the design of a modernized and reconstructed facility at Auburn High School. Project History:  In 2005, an Auburn School District Citizen’s Ad Hoc Committee recommended the school district replace any building if the cost to modernize the facility exceeds 70% of the cost of a new building.  In 2008, Auburn School District completed an in-depth assessment of all of its buildings and found that Auburn High School: fails to meet many of the school district’s facility standards, is beyond its economic life span and not cost-effective to remodel, and should be replaced because the cost to remodel the school exceeds 70% of the cost of a new building. Project Design:  The modernized and reconstructed school will be built at its current location between East Main Street and 4th Street NE.  The project will replace all of the buildings on campus except for the PAC (Performing Arts Center) and Auto Shop.  The PAC, Auto Shop and grounds will be modernized.  The new facility will be similar in size and student capacity to the current school.  The building will be brick, with a classic and timeless appearance.  The construction work will be phased so students can safely remain on campus during the construction project. Important Design Features:  A new and prominent front entry on East Main Street.  Direct access to and easily visibility of the PAC and Main Gym from 4th Street NE.  Expansion of on-site parking stalls from 315 to over 600.  Large parking lot adjacent to the Main Gym, PAC and Auburn Pool directly across the street from Auburn Memorial Stadium.  Off-street bus loading area.  New synthetic turf baseball and softball fields.  All buildings under one roof.  Improved energy efficiency.  New classroom and building technology.  A large student commons. ORD.D Page 128 of 436 Agenda Subject: Ordinance No. 6454, Auburn School District Zoning Map Amendment (Rezone) Date: February 12, 2013  Modernized PAC with a new front entry plaza and drop-off area, new lobby and delivery area, new theater seats, upgraded lighting and sound systems, improved access for the disabled, seismic upgrades, and more restrooms. Project Schedule:  A bond issue will be submitted to the voters on November 6, 2012 to provide funding for the project.  If a bond issue passes in November 2012, construction will start in 2013 and be completed in phases with the last phase finished in 2016.” 13. At its November 7, 2012 public hearing, the Planning Commission reviewed CPM #4 (File No. CPA12-0004) Map amendment to Map No. 14.1 – Auburn School District No. 408 to change the comprehensive plan designation from “Residential Office” and “High Density Residential” to “Public and Quasi-Public” of the 14 parcels. The Planning Commission forwarded its recommendation to the City Council. 14. At its December 10, 2012 meeting, the Planning and Community Development Committee of the City Council reviewed the Amendments and the draft Ordinance No. 6440 and recommended approval, as recommended by the Planning Commission. On December 17, 2012 the City council approved Ordinance No. 6440 approving the change in comprehensive plan designation of the subject properties to “Public and Quasi-Public”. 15. Pursuant to ACC 18.68.030 and ACC 18.68.040, all applications for a rezone shall be reviewed by the Planning Director prior to the scheduling of a public hearing. After review of the application, the Director shall determine which of the following two processes should occur to properly hear the rezone: a. If the rezone is consistent with the Comprehensive Plan, then the Hearing Examiner shall conduct a public hearing on the rezone and make a recommendation to the City Council pursuant to ACC 18.66.170. This application is consistent with the comprehensive plan, as outlined below in the Conclusions. 16. Pursuant to ACC 14.07.030 (Notice if open record predecision hearing required) and ACC 14.02.070 (“Project Permit Application” definition) a Notice of Application is required for site specific rezones and notice of a public hearing shall be given at least 15 days prior to the public hearing in accordance with ACC 14.07.030 and ACC 14.07.040. A combination notice of application and public hearing was issued and published in the Seattle Times on January 8, 2013; this combined notice was mailed to the property owners within 300 feet of the subject site, and posted on the subject property meeting the notification requirements. 17. Per ACC 18.44.010, the stated intent of the “I, Institutional” zoning district is to provide an area where educational, governmental, theological, recreational, cultural and other public and quasi-public uses may be allowed to develop. It is further intended these areas be significant in scope which will allow a combination of uses which may not be permitted outright within other zones. This district is not intended to include those smaller or singular public uses which are consistent with and permitted in other zones. ORD.D Page 129 of 436 Agenda Subject: Ordinance No. 6454, Auburn School District Zoning Map Amendment (Rezone) Date: February 12, 2013 18. As identified in ACC 18.44,020, -025 and -030, the “I, Institutional” zoning classification allows a very limited range of uses, primarily as public-serving uses and their accessory uses. The development standards of the zone are contained in ACC 18.44.050. 19. A Determination of Non-Significance (DNS), the environmental review decision required under the State Environmental Policy Act (SEPA), was issued for the Auburn School District Comprehensive Plan Map Amendment and Rezone under City File No. SEP12-0021 on September 4, 2012. No comment letters were received in response to the issuance of the environmental review decision. B. CONCLUSIONS: ACC Chapter 18.68 provides certain criteria for approval of a rezone. Following is a staff analysis of the requested application with the criteria. 1. The rezone must be consistent with the Comprehensive Plan. Staff analysis: The purpose of the City‟s Comprehensive Plan document is to provide a policy basis for the future zoning changes to ensure that the Comprehensive Plan and Zoning Ordinance are consistent as required by the following city code section: “ACC 14.22.050 Conformance and consistency. The zoning, land division and other development codes contained or referenced within Auburn City Code shall be consistent with and implement the intent of the comprehensive plan. Capital budget decisions shall be made in conformity with the comprehensive plan. “ On December 17, 2012 the City Council approved Ordinance No. 6440 approving the change in comprehensive plan designation of the subject properties from the “Residential Office” and “High Density Residential” comprehensive plan designations to the “Public/Quasi-Public” comprehensive plan designations. The Comprehensive Plan contains the policy guidance that relate to this application. Chapter 14, Comprehensive Plan Map, starting at page 14-8 provides the following purpose and description of the “Public and Quasi-Public” Comprehensive Plan designation: “Public and Quasi-Public Purpose: To designate areas of significant size needed to provide public and quasi-public services to the community. Description: This category includes those areas which are reserved for public or quasi-public uses of a developed character. It is intended to include those of a significant extent, and not those smaller public uses which are consistent with and may be included in another designation. Public uses of an industrial character, such as the General Services Administration, are included in the industrial designation. Streets, utilities and other public activities supporting other uses are not considered separate uses and are not so mapped. This designation includes large churches, private schools and similar uses of a quasi- public character. Developed parks are also designated under this category. ORD.D Page 130 of 436 Agenda Subject: Ordinance No. 6454, Auburn School District Zoning Map Amendment (Rezone) Date: February 12, 2013 Compatible Uses: Uses more appropriately designated under another category should not be designated under this category, irrespective of ownership. Industrial and commercial uses which are affiliated with and managed by educational institutions for vocational educational purposes may be classified as a public use and permitted on a conditional basis. Criteria for Designation: Designation of these areas should be consistent with the character of adjacent uses. Appropriate Implementation: This designation will generally be implemented by three zones: 1) P-1 (Public Use) District provides for the location and development of public uses that serve the cultural, educational, recreational and public service needs of the community. 2) I (Institutional Use) District provides for similar uses, but includes schools and typically allows a much broader list of uses. 3) LF (Landing Field) District provides for the operation and management of the Auburn Municipal Airport. The designation can also be implemented as a conditional use under various zones. Approval of these types of uses (and open space uses), not individually designated on the Plan Map, under a conditional use permit or rezone consistent with or related to adjacent zoning, shall not be considered inconsistent with the designations under this Plan.” (Emphasis added) The requested change would make the zoning classification of the 14 parcels consistent with the Comprehensive Plan designation. The property is adjacent to other parcels already designated for and/or developed with public school facilities and zoned “I, Institutional”. It is adjacent to the approximately 28-acre property (parcel # 1821059082) containing the Auburn High School and Performing Arts Center (PAC) and the 4.3-acre parcel (Parcel # 1821059060) containing Washington Elementary School. So the request seeks to expand the existing area zoned “I, Institutional”. Also, in Chapter 3, Land Use, and Chapter 5, Capital Facilities, the Comprehensive Plan document provides various policies which relate to this request and meeting community and growth management goals. The following excerpted policies support this requested zoning change. “Chapter 3, Land Use Objective 8.1 To maintain and enhance all viable and stable residential neighborhoods. Policies LU-42 Regulatory decisions in all residential neighborhoods shall result in maintenance or enhancement of the neighborhood’s residential character. a. The location of uses other than those permitted outright shall only be allowed as specified in this comprehensive plan and in the zoning code. ORD.D Page 131 of 436 Agenda Subject: Ordinance No. 6454, Auburn School District Zoning Map Amendment (Rezone) Date: February 12, 2013 b. Approval of any non-residential land use shall occur only after a public hearing process. c. The City recognizes the important role that public facilities (such as sidewalks, neighborhood parks and elementary schools) and limited scale quasi-public uses (such as smaller churches and daycare centers) play in maintaining viable residential neighborhoods. d. Single family detached residential neighborhoods should be protected from intrusion by non-residential or large scale multi-family uses.” (emphasis added) As a “public facility” in this context, this policy statement of the comprehensive plan recognizes the important role that public facilities or quasi-public facilities such as schools contribute to residential neighborhoods. The proposal to expand the existing I, Institutional zoning classification by rezoning these parcels to facilitate redevelopment of the high school is consistent with this policy. “Chapter 5 Capital Facilities GOAL 14. PUBLIC BUILDINGS To maximize public access and provide for the appropriate location and development of public and quasi-public facilities that serve the cultural, educational, recreational, religious and public service needs of the community and the region. Objective 14.1. To site public buildings in accord with their service function and the needs of the members of the public served by the facility. Policies: CF-63 Public and quasi-public facilities which attract a large number of visitors (City Hall, museums, libraries, educational, permit or license offices, and health or similar facilities, etc.) should be sited in areas which are accessible (within 1/4 mile) by transit. CF-65 The location of religious institutions, private schools, community centers, parks and similar public or quasi-public facilities shall be related to the size of the facility and the area served. City-wide facilities should be sited in visible and accessible locations. CF-66 Small public or quasi-public facilities intended to serve one or two residential neighborhoods may be located within a neighborhood. Larger public or quasi-public facilities intended to serve mainly Auburn residents or businesses shall be located along major arterial roads within the Community Serving Area of Auburn, however, elementary schools should be given flexibility to locate along smaller roads. Buffering from adjacent land uses may be required. The request to change the designation to “I, Institutional” is consistent with these policies since the property is close to transit, related to the surrounding area served and located along an arterial street (East Main Street) to be sufficiently publicly accessible. The change is for redevelopment of the high school which is within a ¼ mile of transit. The location is within ¼ mile of bus lines and bus stops along Auburn Way North (Northbound stop at 4th ST NE & Auburn WY N – Serving Routes 152, 180, 910, & 919)(Southbound stops at 2nd ST NE & ORD.D Page 132 of 436 Agenda Subject: Ordinance No. 6454, Auburn School District Zoning Map Amendment (Rezone) Date: February 12, 2013 Auburn WY N and 5th ST NE & Auburn WY N – Serving Routes 152, 180, 910, & 919) according to website information. http://tripplanner.kingcounty.gov/cgi-bin/stop_info.pl?Id=4617&resptype=U The requested change is to facilitate redevelopment of the high school and build upon the significant existing capital investment in the site. Redevelopment of the site capitalizes on the existing location that is appropriate and accessible and serves the student population and community. The high school and performing arts center are bordered by an arterial street (East Main St) and a non-residential collector (4th Street NE). In fact, the project will be provide “A new and prominent front entry on East Main Street”, the arterial classified street. 2. The rezone must be initiated by someone other than the City in order for the Hearing Examiner to consider the request. Staff Analysis: The rezone application was submitted by Camie Anderson, Senior Associate, Shockey Planning Group on behalf of Jeffrey Grose, Executive Director of Capital Projects, Auburn School District No. 408, Applicant. 3. Any changes or modifications to a rezone request made by either the Hearing Examiner or City Council will not result in a more intense zone than the one requested. Staff Analysis: The requested rezone change, from “RO, Residential Office” and “R20, residential 20 dwelling units/acre” to “I, Institutional” zone, will not result in a more intense zone. In addition, Washington case law has identified other criteria for rezone applications (see Parkridge v. Seattle, 89 Wn.2d.454; 573 P.2d 359 (1978) (conditions must have changed since the original zoning was established and the proposed rezone must bear a substantial relationship to the general welfare of the community); Ahmann-Yamane, LLC v. Tabler, 105 Wn. App. 103, 111 (2001) (proponents of a rezone must establish that conditions have substantially changed since the original showing and that the rezone must bear a substantial relationship to the public health, safety, morals or welfare; provided, that a showing of a change of circumstances has occurred is not required if a rezone implements the Comprehensive Plan.)). a. Conditions in the area must have changed since the original zoning was established. Staff Analysis: The rezone proposal implements the comprehensive plan land use designation for the subject property. As mentioned under the Findings of Fact, a comprehensive plan map amendment was processed in 2012 and approved by the City Council Ordinance No 6440. The proposed rezone would adjust the zoning of the property to correspond and be consistent with the comprehensive plan designation. Showing of a change of circumstances has occurred is not required if a rezone implements the Comprehensive Plan. b. The proposed rezone must bear a substantial relationship to the general welfare of the community. Staff Analysis: Rezoning the subject property to I, institutional will match the zoning district to the comprehensive plan designation. As noted above, Chapter 3, Land Use, the Comprehensive Plan document provides various policies to meet community and growth ORD.D Page 133 of 436 Agenda Subject: Ordinance No. 6454, Auburn School District Zoning Map Amendment (Rezone) Date: February 12, 2013 management goals. The zoning change and high school project will benefit the community and general welfare. C. HEARING EXAMINER RECOMMENDATION After conducting a properly advertised public hearing, the Hearing Examiner issued a written recommendation of approval on February 4, 2013 without conditions. D. EXHIBIT LIST Exhibit 1 Staff Report Exhibit 2 Ordinance No. 6454 Exhibit 3 Vicinity Map Exhibit 4 Zoning map showing the current and proposed zoning Exhibit 5 2007 Aerial Photograph ORD.D Page 134 of 436 ORDINANCE NO 6 4 5 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE REQUEST OF THE AUBURN SCHOOL DISTRICT FOR REZONING OF TWO PARCELS TOTALING APPROXIMATELY 0 63 ACRES LOCATED SE OF THE AUBURN HIGH SCHOOL FROM RO, RESIDENTIAL OFFICE TO I, INSTITUTIONAL AND TO CHANGE TWELVE PARCELS TOTALING APPROXIMATELY 1 74 ACRES LOCATED NW OF THE HIGH SCHOOL FROM R 20, RESIDENTIAL TO I, INSTITUTIONAL TO IMPLEMENT THE COMPREHENSIVE PLAN AND AMENDING THE CITY'S ZONING MAPS WHEREAS, the City Council of the City of Auburn, Washington, adopted, on August 18, 1986, a Comprehensive Plan by Resolution No. 1703, which included a Map establishing the location of the Comprehensive Plan Land Use Designations throughout the City; and WHEREAS, on April 17, 1995, the City Council of the City of Auburn adopted Comprehensive Plan Amendments by Resolution No. 2635 to comply with the Washington State Growth Management Act; and WHEREAS, on September 5, 1995, the City of Auburn reaffirmed that action with the adoption of Ordinance No 4788; and WHEREAS, Jeffrey L. Grose, Executive Director of Capital Projects for the Auburn School District No 408, the Applicant, submitted a rezone application on behalf of the Auburn School District (File #REZ12-0004) for the Auburn School District High School rezone on June 8 , 2012, for fourteen parcels identified by the following King County, Washington, tax parcel numbers. Ordinance No. 6454 February 6, 2013 Page 1 ORD.D Page 135 of 436 The southeast (SE) corner parcels: 6858700005 - 803 E MAIN ST 6858700015 - 815 E MAIN ST The Northwest (NW) corner parcels. 4184400145 - 502 3RD ST NE 4184400150 - Not available (vacant) 4184400155 - Not available (vacant) 4184400160 - 512 3RD ST NE 4184400170 - Not available (vacant) 4184400180 - Not available (vacant) 4184400185 - Not available (vacant) 4184400195 - 523 2ND ST NE 4184400200 - Not available (vacant) 4184400205 - 513 2ND ST NE 4184400215 - 505 2ND ST NE 4184400220 - 206 E ST NE WHEREAS, the environmental impacts of proposed rezone were considered in accordance with procedures of the State Environmental Policy Act; and WHEREAS, after proper notice published in the City's official newspaper at least ten (10) days prior to the date of hearing, the City of Auburn Hearing Examiner on January 23, 2013 conducted a public hearing on the proposed Auburn School District High School Rezone; and Ordinance No. 6454 February 6, 2013 Page 2 ORD.D Page 136 of 436 WHEREAS, at the public hearing the City of Auburn Hearing Examiner heard public testimony and took evidence and exhibits into consideration; and WHEREAS, thereafter the City of Auburn Hearing Examiner made a recommendation to the City Council on the proposed Auburn School District High School Rezone, and WHEREAS, on, February 19, 2013, the Auburn City Council considered the proposed Auburn School District High School Rezone; as recommended by the City of Auburn Hearing Examiner; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS. Section 1. The City Council ("Council") adopts and approves the Auburn School District High School Rezone, to change two parcels totaling approximately 0 63 acres located SE of the Auburn High School from "RO, Residential Office", to "I, Institutional", and to change twelve parcels totaling approximately 1 74 acres located NW of the high school from "R20, Residential 20 dwelling units/acre" to "I, Institutional" and directs that the rezone application and all related documents be filed along with this Ordinance with the Auburn City Clerk and be available for public inspection. Section 2. The Zoning Map amendment is herewith designated as a basis for the exercise of substantive authority under the Washington State Environmental Policy Act (SEPA) by the City's responsible environmental official in accordance with RCW 43.21C 060 Ordinance No. 6454 February 6, 2013 Page 3 ORD.D Page 137 of 436 Section 3. The Council adopts the Findings of Fact and Conclusions of Law, in the Hearing Examiner's recommendation outlined below- FINDINGS OF FACT Procedural: 1 Applicant. The Applicant is Auburn School District No 408 2.Hearing. The Hearing Examiner conducted a hearing on the application on January 23, 2013 at 5 30 p.m. at the City Council chambers at Auburn City Hall. Substantive: 3 Site/Proposal Description. The Applicant has requested the rezoning of 2.37 acres of parcels adjoining the Auburn High School Campus from RO, Residential Office and R20, Residential 20 dwelling units/acre, to I, Institutional. More specifically, the zoning map amendment (rezone) application seeks to change the zoning classification of fourteen parcels, two parcels totaling approximately 0 63 acres located SE of the Auburn High School from RO to I and to change 12 parcels totaling approximately 1 74 acres located NW of the high school from R 20 to I The sites are SE and NW of the high school located at 800 4th ST NE, Auburn. The 2 parcels totaling 0 63 acres located SE of the Auburn High School contain an existing professional office and a medical office At the time of the rezone application submittal, the District had acquired the property or was in the process of acquiring the property and had secured the property owner's permission to file this application. The 12 parcels totaling approximately 1 74 acres located NW of the school, are either vacant or contain a single family or multiple family residence. At the time of the rezone application submittal, the District had acquired the property or was in the process of acquiring the property and had secured the property owner's permission to file applications with the City The Comprehensive Plan Amendment and related rezoning have been requested for the purpose of changing the land use designation of the property for the purpose of facilitating the 'Auburn High School Modernization and Reconstruction Project' 4 Characteristics of the Area. As shown in the aerial photograph, Ex. 5, the northwest parcels are surrounded by school uses on three sides and residential and professional office uses to the west. The southeast parcels are surrounded by school Ordinance No. 6454 February 6, 2013 Page 4 ORD.D Page 138 of 436 uses on two sides with professional office and commercial uses to the east and professional offices and single-family uses to the south. 5 Adverse Impacts. There are no significant adverse impacts associated with the proposal. The proposed rezone areas serve as logical extensions of the Auburn High School campus and are already largely surrounded by either the High School or the adjoining elementary school. Proximate residential uses are already integrated into the surrounding school uses as well as a mix of professional office and commercial uses. As testified by Jeffrey L. Grose, School District Executive Director of Capital Projects, the extra land is needed to modernize school facilities and is not anticipated to result in an increase in school population. Consequently, no significant increases in noise or traffic are anticipated. Further, no one came to testify against the project, suggesting a community acceptance of the proposed expansion. CONCLUSIONS OF LAW Procedural: 1 Authority of Hearing Examiner ACC 18.68 030(B)(1)(a) grants the Hearing Examiner with the authority to review and make a recommendation on rezone requests to the City Council if the planning director determines that the rezone requests are consistent with the comprehensive plan. The planning director has determined that the rezone request is consistent with the comprehensive plan. Substantive: 2. Comprehensive Plan Land Use Map Designation. The comprehensive plan land use map designation for the proposed rezone areas is Public and Quasi- Public. 3 Case Law Review Criteria and Application. The Auburn City Code does not include any criteria for rezone applications. Washington appellate courts have imposed some rezone criteria, requiring that the proponents of a rezone must establish that conditions have substantially changed since the original showing and that the rezone must bear a substantial relationship to the public health, safety, morals or welfare. See Ahmann-Yamane, LLC v Tabler, 105 Wn. App 103, 111 (2001). If a rezone implements the comprehensive plan, a showing that a change of circumstances has occurred is not required. Id. at 112. The proposed rezone from RO and R20 to I clearly meets the judicial criteria for a rezone There is no question that the proposal is necessary to implement the comprehensive plan, as the comprehensive plan land use map designation for the property is currently inconsistent with the R20 and RO zoning map designations. In Ordinance No. 6454 February 6, 2013 Page 5 ORD.D Page 139 of 436 9a6ed lOZ '9tienjga=l 179y9 'ONaouewpJp uogelsl6alsly; ;osangoanpay; ;nokjeoo; tiessaoauaqAewsesanpaoad anl;eJ;slulwpeyons ;uaweldwlo; pazuoy;neAgajaysljoAeyyayl •guol;aas oajay; suoipod6ululew9Jay;;oAI!P!Ienay;;oa}}e oulleysbulployyonspue 'uoislnoid ;uapuadapwpue ;oul;slp 'a;ejedesapewaapaq Ileysuoiliodyons 'uol;olpsunf ;ua;adwoo }ounooAueAqleuol;n;l;suoounjopllenulplay uoseaiAuejo; sl 'ulajaypa;dopes;uawpuauedelN6uluoZay; ;oAuejoaoueulpip sly; ;ouolpodjoasejyd 'asnelo 'aoua;uas 'uol;oosgns 'uol;oasAue ;I •guol;oas japjooajA;unoobuiAay;;oaoLpay; ulpapooai aqo; aoueulpiosly; asneolleysuangny ;oX310ay; ;o jaloX4!0ay; 'noelAqpapinad seaoueuposly; ;ouol;eoligndpue 'lenadde 'abesseday; uodn •quol;oas 17000-Z6Z321 'auoza{ looyoS y61H ;ou;sialooyoSwngny ;olenaddespuawwooaJJaulwex36uue9Hayl NOIIV(IN3WWO33H uol;eonpaollgnd6ulnoidwlawgawesay; ;eallynn9ON ;oed ;o6ulpuld ulpoulwia;apses;oedwl9sj9npe ;ueol;lu6lsAueul ;lnsai ;oulllnn;Iasneoaqaje;lannpue slejow 'A;a;es 'y;leayollqnday; o; dlysuol;elailel;ue;sgnsasieaqauozaiayl s;ou;slp6uluoz31puelday; aeuogeu6lsepollgndlsenppue ollgnday; ;uawaldwl ;ey; suol;eoi;lsselo6uluozonygay;oayleaaesly; jo; asnpuel ollgndkenoollgndjoadA; algl;edwoo ;soway; slyolynn 'sndweolooyoSy6lHwngny ay;;ouolsuedxeay;jo; snnolle ;ou;slpIayl •uol;senbuleajeay;io; auozaia;eudoidde soway; sluol;eu61sopIay; 'uol;eu6lsepdewueldanlsuayajdwooollgnd-lsenp pueollgnday; y;lnn ;ua;slsuoosuol;eu6lsepdew6uluozaajy; aleajay; y6noy;ly ueldanlsuayajdwoos;Iy;lnn;ua;slsuooaqo; suoi;eln6aj6wuozs,80ay; saimbai 4o14M '090,ZZ'4lOOVPUB0ZVV0L'9£ MO2! Aqpa;epuewslauozaiay; ';oe; ;o ;ulod ORD.D Page 140 of 436 Section 7. 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- Peter B. Lewis MAYOR ATTEST Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Da iel B Heid, City Attorney Published Ordinance No. 6454 February 6, 2013 Page 7 ORD.D Page 141 of 436 SEP12-0021, CPA12-004 & REZ12-0004 Printed Date: 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 Created by City of Auburn eGIS 8/29/2012 ORD.D Page 142 of 436 E ST SE F S T S E E S T N E G S T S E H S T S E I S T S E J S T S E 2 N D S T N E 3 R D S T N E 2 N D S T N E I S T N E E S T N E J S T N E J S T N E E M A I N S T Inf orm a tion s ho w n is f or ge n e ra l r e fe r e nc e p ur po se s only a n d d oe s n ot ne c e s s a rily re p re s e nt e xa c t ge o gra p hic or c a rto gra phic da ta a s m a p pe d . T he C ity of A ub ur n m a ke s n o w a rra n ty a s to its a c c u ra c y . M a p ID : 4 152 R E Z 1 2 -0 0 0 4 - P r o p o s e d Z o n i n g D e s i g n a t i o n 0 46 92 138 184 230 FEET H S T S E I ST SE E S T N E 2 N D S T N E 1 S T S T N E 2 N D S T N E 3 R D S T N E I S T N E E M A I N S T Existing Zoning Proposed Zoning C2 Central Business District DUC Downtown Urban Center I Institutional Use District R7 Residential 7 DU/Acre R20 Residential 20 DU/Acre RO Residential Office District Auburn City Limits Parcels Pr inte d O n: 1/16 /20 13 E X I S T I N G P R O P O S E D ORD.D Page 143 of 436 CPM #4, CPA12-0004, Auburn School Dist #408 Printed Date: 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 Created by City of Auburn eGIS 9/9/2012 ORD.D Page 144 of 436 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6455 Date: February 12, 2013 Department: Planning and Development Attachments: Ord 6455 Budget Impact: $0 Administrative Recommendation: City Council introduce and adopt Ordinance No. 6455. Background Summary: Ordinance No. 6341 alloweds applicants to defer payment of impact fees and utility system development charges to the time of closing or certificate of occupancy but not later than 18 months after issuance of a permit. Ordinance No. 6341 included an expiration date of 2 years after its effective date of April 4, 2011. At its January 28, 2013 regular meeting, staff presented the Planning and Community Development Committee (PCDC) with an overview of the fee deferral pilot program that had been previously adopted under Ordinance No. 6341 on March 21, 2011. Subsequently, at its February 4, 2013 regular meeting, staff presented the same overview to the Finance Committee. The PCDC and the Finance Committees have recommended that the program be continued without an expiration date, provided, that staff gives City Council a briefing of the program every two years. On February 11, 2013 the Planning and Community Development Committee voted in favor of forwarding Ordinance No. 6455 to the full City Council for action. Reviewed by Council Committees: Finance, Planning And Community Development Councilmember:Backus Staff:Snyder Meeting Date:February 19, 2013 Item Number:ORD.E AUBURN * MORE THAN YOU IMAGINEDORD.E Page 145 of 436 ORDINANCE NO 6 4 5 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 13 41 040, 19 02.070, 19 04 040, 19 06 040 AND 19 08 030 OF THE AUBURN CITY CODE RELATED TO DEFERRAL OF PAYMENT OF IMPACT FEES AND SYSTEM DEVELOPMENT CHARGES WHEREAS, RCW 82.02 authorizes the City Council to establish and implement impact fees for parks, transportation, school and fire to ensure that new development bears a proportionate share of the cost of capital expenditures necessary to meet the demands for park, transportation, schools and fire services associated with new growth and development; and WHEREAS, RCW 35 92.025 authorizes, and the City Council has previously determined through ordinance action, that it is reasonable and in the public interest to enact and impose a utility systems development charge for the purpose of recovering a fair share of the costs of providing existing utility system infrastructure to serve new customers or revised uses of existing customers for the purpose of reimbursing the city's utility for the cost of construction of available capacity sanitary sewer, water and storm drainage facilities from those properties, which as part of their development and use create direct or indirect needs for those facilities; and WHEREAS, on March 21, 2011, the City Council adopted Ordinance 6341, which deferred payment of certain impact fees until either a certificate of occupancy was issued, or a sale on a property closed, in order to address the downtown in the local economy, a diminishing number of residential units are being built, a diminishing number of new non-residential projects are being built and a diminishing number of Ordinance No. 6455 February 5, 2013 Page 1 of 14ORD.E Page 146 of 436 expansions of existing non-residential development are occurring, all of which adversely impacted the City's residential and non-residential development inventory, employment opportunities and revenue for government services, and WHEREAS, the City Council finds that Ordinance 6431, which created a two- year trial period, provided flexibility to applicants for residential and non-residential development on the timing of payment of impact fees and system development charges and that the provisions of that Ordinance should be made permanent, subject to continued reporting its effectiveness; and WHEREAS, the ordinance amendments are procedural in nature and therefore exempt from State Environmental Policy Act (SEPA) review; and WHEREAS, the City Council finds that the proposed amendments to the Auburn City Code to be consistent with and to implement the intent of the City's Comprehensive Plan, and WHEREAS, the Auburn City Council finds that it is in the interest of the public health, safety and welfare to adopt this ordinance to promote continued economic development in 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 13 41 040 of the Auburn City Code, entitled 'Utility Systems Development Charge -- Collection,' is hereby amended to read as follows. 13.41.040 Collection. The water, sanitary sewer and storm drainage utilities systems development charges are immediately due and payable upon obtaining a permit for connection to the city utility Systems development charges for parcels that will utilize infiltration for storm Ordinance No. 6455 February 5, 2013 Page 2 of 14ORD.E Page 147 of 436 water disposal are immediately due and payable upon obtaining a building permit to develop the parcel. A. For residential development for new development, redevelopment or a change in use, the effeGtiVe peFied of April 4 2011 th. gh April x 2013 and prior to issuance of a permit application, the applicant may elect to record a covenant against title to the property on forms prepared and provided by the city that requires payment of water, sanitary sewer and storm drainage development charges due and owing, less any credits awarded, by providing for automatic payment through escrow of these development charges due and owing to be paid no later than at time of closing of the sale of the unit or at final inspection or issuance of certificate of occupancy or 18 months from the date of issuance of the original building permit, whichever comes first. Failure to pay shall result in the following: 1 If 30 days after the city has sent the responsible party written notification of its obligation to pay the charges established in this chapter the full amount remains unpaid, the responsible party shall be subject to the enforcement provisions of ACC 1.25 030 and 1.25 065 Written notification shall be by regular and certified mail and to the most current available contact information on file with the city For the purposes of applying ACC 1.25 030 and 1.25 065, the responsible party shall constitute a property owner, the property(ies) for which a permit(s) has been issued shall constitute the property(ies) on which the violation is occurring, and the impact fee amount remaining unpaid shall constitute a violation occurring on the permitted property(ies) under these sections. 2. Any unpaid charges adopted by this chapter that are outstanding 30 days from the date the charges are due shall constitute a lien against the property(ies) for which a permit(s) has been issued in the amount of the unpaid charges. In addition to the actions authorized in subsection (A)(1) of this section, the city may record a lien against the permitted property(ies) in the amount of the unpaid charges and may immediately suspend any permits previously issued for the lot or unit associated with the current development activity and shall limit the granting of any future permits for the lot or unit until such time that all outstanding water, sanitary sewer and storm drainage development charges are paid in full. 3. The appeals process authorized in ACC 13 41 070 shall not apply to determinations made pursuant to this section. B For nonresidential development composed of new development, redevelopment or a change in use and inclusive of commercial office and retail uses, light and heavy manufacturing uses, but excluding warehousing and distribution uses, and institutional development including but not limited to public and private schools and colleges and hospitals, and prior to the issuance of any permit application and following the execution of a payment agreement on forms prepared and provided by the city, the applicant may elect to pay water, sanitary sewer and storm drainage development charges due and owing, less any credits awarded, no later than prior to issuance of certificate of occupancy or 18 months from the date of issuance of the original building permit, whichever comes first. Failure to pay shall result in the following: 1 If 30 days after the city has sent the responsible party written notification of its obligation to pay the charges established in this chapter the full amount remains unpaid, the responsible party shall be subject to the enforcement provisions of ACC 1.25 030 Ordinance No. 6455 February 5, 2013 Page 3 of 14ORD.E Page 148 of 436 and 1.25.065 Written notification shall be by regular and certified mail and to the most current available contact information on file with the city For the purposes of applying ACC 1.25 030 and 1.25 065, the responsible parry shall constitute a property owner, the property(ies) for which a permit(s) has been issued shall constitute the property(ies) on which the violation is occurring, and the impact fee amount remaining unpaid shall constitute a violation occurring on the permitted property(ies) under these sections. 2. Any unpaid charges adopted by this chapter that are outstanding 30 days from the date the charges are due shall constitute a lien against the property(ies) for which a permit(s) has been issued in the amount of the unpaid charges. In addition to the actions authorized in subsection (13)(1) of this section, the city may record a lien against the permitted property(ies) in the amount of the unpaid charges and may immediately suspend any permits previously issued for the lot or unit associated with the current development activity and shall limit the granting of any future permits for the lot or unit until such time that all outstanding water, sanitary sewer and storm drainage development charges are paid in full. 3 The appeals process authorized in ACC 13 41 070 shall not apply to determinations made pursuant to this section. (Ord. 6391 § 1, 2011, Ord. 6341 § 1, 2011, Ord. 5801 § 1, 2003; Ord. 4830 § 1, 1996; Ord. 4479 § 2, 1990; Ord. 3610 § 2, 1981, Ord. 3510 § 4, 1980 ) Section 2. Amendment to City Code. That Section 19 02.070 of the Auburn City Code, entitled 'School Impact Fees — Fee Collection,' is hereby amended to read as follows: 19.02.070 Fee collection. The school impact fee shall be imposed, based on the impact fee schedule, at the time of application to the city for a development activity permit. The school impact fee shall be imposed based on the impact fee schedule adopted for the applicable school district. The impact fee and the application fee shall be collected by the city and maintained in separate accounts. All school impact fees shall be paid to the district from the school impact fee account monthly The city shall retain all application fees associated with the city's administration of the impact fee program. A. Impact fees shall be imposed upon development activity in the city concurrent with the issuance of a building permit. The fees are based upon the adopted fee schedule and collected by the city from any applicant where such development activity requires issuance of a residential building permit or a building permit for a manufactured or mobile home located on platted lots within manufactured/mobile home parks, and the fee has not been previously paid. Impact fees are only collected and disbursed within the boundaries of a school district that has executed an interlocal agreement with the city of Auburn. B. Applicants for single-family and multifamily residential building permits and for manufactured/mobile home building permits shall pay the total amount of the impact fees assessed before the building permit is issued, using the impact fee schedules then Ordinance No. 6455 February 5, 2013 Page 4 of 14ORD.E Page 149 of 436 in effect. The owner of the manufactured/mobile home park shall be responsible to pay the fee. C The city shall not issue the required building permit or manufactured/mobile home building permit unless and until the impact fees set forth in the impact fee schedule have been paid. D The city will impose an application fee, as provided for in the city's adopted fee schedule, per dwelling unit which is subject to and not otherwise exempt from this chapter to cover the reasonable cost of administration of the impact fee program. The fee is not refundable and is collected from the applicant of the development activity permit at the time of permit issuance. E. For complete single-family building permit applications for new development, redevelopment or a change in use, dwing the °ff°^" e peried of Apr H ^ 2011 through A^Fi'., ^ 2013, and prior to or at the time of issuance of any single-family residential building permit for a dwelling unit that is being constructed, the applicant may elect to record a covenant against title to the property on forms prepared and provided by the city that requires payment of school impact fees due and owing by providing for automatic payment through escrow of these school impact fees due and owing to be paid no later than at time of closing of the sale of the unit or at final inspection or issuance of certificate of occupancy or 18 months from the date of issuance of the original building permit, whichever comes first. Failure to pay shall result in the following: 1 If 30 days after the city has sent the responsible party written notification of its obligation to pay the charges established in this chapter the full amount remains unpaid, the responsible party shall be subject to the enforcement provisions of ACC 1.25.030 and 1.25 065. Written notification shall be by regular and certified mail and to the most current available contact information on file with the city For the purposes of applying ACC 1.25 030 and 1.25 065, the responsible party shall constitute a property owner, the property(ies) for which a permit(s) has been issued shall constitute the property(ies) on which the violation is occurring, and the impact fee amount remaining unpaid shall constitute a violation occurring on the permitted property(ies) under these sections. 2. Any unpaid charges adopted by this chapter that are outstanding 30 days from the date the charges are due shall constitute a lien against the property(ies) for which a permit(s) have been issued in the amount of the unpaid charges. In addition to the actions authorized in subsection (E)(1) of this section, the city may record a lien against the permitted property(ies) in the amount of the unpaid charges and may immediately suspend any permits previously issued for the lot or unit associated with the current development activity and shall limit the granting of any future permits for the lot or unit until such time that all outstanding water, sanitary sewer and storm drainage development charges are paid in full. F For complete multifamily building permit applications for new development, redevelopment or a change in use, g the offeGtive peFied of ApFil ^ 2011 through A^ il 4, 2013, and prior to or at the time of issuance of any multifamily residential building permit that is being constructed, the applicant may elect to record a covenant against title to the property on forms prepared and provided by the city that requires payment of school impact fees due and owing by providing for automatic payment through escrow of these school impact fees due and owing to be paid no later than at Ordinance No. 6455 February 5, 2013 Page 5 of 14ORD.E Page 150 of 436 time of closing of the sale of the unit or at final inspection or issuance of certificate of occupancy or 18 months from the date of issuance of the original building permit, whichever comes first. Failure to pay shall result in the following: 1 If 30 days after the city has sent the responsible party written notification of its obligation to pay the charges established in this chapter the full amount remains unpaid, the responsible party shall be subject to the enforcement provisions of ACC 1.25 030 and 1.25 065 Written notification shall be by regular and certified mail and to the most current available contact information on file with the city For the purposes of applying ACC 1.25 030 and 1.25 065, the responsible party shall constitute a property owner, the property(ies) for which a permit(s) has been issued shall constitute the property(ies) on which the violation is occurring, and the impact fee amount remaining unpaid shall constitute a violation occurring on the permitted property(ies) under these sections. 2. Any unpaid charges adopted by this chapter that are outstanding 30 days from the date the charges are due shall constitute a lien against the property(ies) for which a permit(s) have been issued in the amount of the unpaid charges. In addition to the actions authorized in subsection (F)(1) of this section, the city may record a lien against the permitted property(ies) in the amount of the unpaid charges and may immediately suspend any permits previously issued for the lot or unit associated with the current development activity and shall limit the granting of any future permits for the lot or unit until such time that all outstanding water, sanitary sewer and storm drainage development charges are paid in full. (Ord 6341 § 2, 2011, Ord. 6077 § 2, 2007, Ord. 5261 § 1 (Exh. A), 1999; Ord 5078 § 1, 1998.) Section 3. Amendment to City Code. That Section 19 04 040 of the Auburn City Code, entitled 'Transportation Impact Fees — Assessment of Impact Fees,' is hereby amended to read as follows. 19.04.040 Assessment of impact fees. A. Effective July 1, 2001, the city shall collect impact fees, based on the fee schedule of the city of Auburn, from any applicant seeking a building permit from the city for any development activity within the city B. Effective May 19, 2003, where a change in use increases the trip generation by more than one whole PM peak hour trip, the director shall calculate a transportation impact fee based on the increases in the trip generation rate. C The director shall apply a heavy truck adjustment factor to the transportation impact fees for industrial land uses, addressing the percentage of vehicle trips for such uses made by trucks of three or more axles and the street capacity used by such trucks in comparison to other vehicles. D The amount of impact fees shall be determined at the time an applicant submits a complete application for a building permit, using the impact fee schedules then in effect, or pursuant to an independent fee calculation accepted by the director pursuant to ACC 19 04 050, and adjusted for any credits pursuant to ACC 19 04 060 E. Payment of impact fees shall be made by the feepayer at the time the building permit is issued The amount to be paid shall not be increased for any applicant that Ordinance No. 6455 February 5, 2013 Page 6 of 14ORD.E Page 151 of 436 submitted a complete application for the building permit before the city established the impact fee rates. F Applicants that have been awarded credits prior to the submittal of the complete building permit application pursuant to ACC 19 04 060 shall submit, along with the complete building permit application, a copy of the letter or certificate prepared by the director pursuant to ACC 19 04 060 setting forth the dollar amount of the credit awarded Impact fees, as determined after the application of appropriate credits, shall be collected from the feepayer at the time the building permit is issued. G. The department shall not issue a building permit unless and until the impact fees have been paid or credit(s) awarded H For complete single-family building permit applications for new development, redevelopment or a change in use, i'013, and prior to or at the time of issuance of any single-family residential building permit for a dwelling unit that is being constructed, the applicant may elect to record a covenant against title to the property on forms prepared and provided by the city that requires payment of transportation impact fees due and owing by providing for automatic payment through escrow of these transportation impact fees due and owing to be paid no later than at time of closing of the sale of the unit or at final inspection or issuance of certificate of occupancy or 18 months from the date of issuance of the original building permit, whichever comes first. Failure to pay shall result in the following: 1 If 30 days after the city has sent the responsible party written notification of its obligation to pay the charges established in this chapter the full amount remains unpaid, the responsible party shall be subject to the enforcement provisions of ACC 1.25 030 and 1.25 065 Written notification shall be by regular and certified mail and to the most current available contact information on file with the city For the purposes of applying ACC 1.25 030 and 1.25 065, the responsible party shall constitute a property owner, the property(ies) for which a permit(s) has been issued shall constitute the property(ies) on which the violation is occurring, and the impact fee amount remaining unpaid shall constitute a violation occurring on the permitted property(ies) under these sections. 2. Any unpaid charges adopted by this chapter that are outstanding 30 days from the date the charges are due shall constitute a lien against the property(ies) for which a permit(s) have been issued in the amount of the unpaid charges. In addition to the actions authorized in subsection (H)(1) of this section, the city may record a lien against the permitted property(ies) in the amount of the unpaid charges and may immediately suspend any permits previously issued for the lot or unit associated with the current development activity and shall limit the granting of any future permits for the lot or unit until such time that all outstanding water, sanitary sewer and storm drainage development charges are paid in full. 3 The appeals process authorized in ACC 19 04 080 shall not apply to determinations made pursuant to this section. I For complete multifamily building permit applications for new development, redevelopment or a change in use, during the eff6Gt•„o ^ i^a of A^.n ,, 2011 through April 4 2013, and prior to or at the time of issuance of any multifamily residential building permit that is being constructed, the applicant may elect to record a covenant against title to the property on forms prepared and provided by the city that requires Ordinance No 6455 February 5, 2013 Page 7 of 14ORD.E Page 152 of 436 payment of transportation impact fees due and owing by providing for automatic payment through escrow of these transportation impact fees due and owing to be paid no later than at time of closing of the sale of the unit or at final inspection or issuance of certificate of occupancy or 18 months from the date of issuance of the original building permit, whichever comes first. Failure to pay shall result in the following: 1 If 30 days after the city has sent the responsible party written notification of its obligation to pay the charges established in this chapter the full amount remains unpaid, the responsible party shall be subject to the enforcement provisions of ACC 1.25 030 and 1.25 065 Written notification shall be by regular and certified mail and to the most current available contact information on file with the city For the purposes of applying ACC 1.25 030 and 1.25 065, the responsible party shall constitute a property owner, the property(ies) for which a permit(s) has been issued shall constitute the property(ies) on which the violation is occurring, and the impact fee amount remaining unpaid shall constitute a violation occurring on the permitted property(ies) under these sections. 2. Any unpaid charges adopted by this chapter that are outstanding 30 days from the date the charges are due shall constitute a lien against the property(ies) for which a permit(s) have been issued in the amount of the unpaid charges. In addition to the actions authorized in subsection (1)(1) of this section, the city may record a lien against the permitted property(ies) in the amount of the unpaid charges and may immediately suspend any permits previously issued for the lot or unit associated with the current development activity and shall limit the granting of any future permits for the lot or unit until such time that all outstanding water, sanitary sewer and storm drainage development charges are paid in full. 3 The appeals process authorized in ACC 19 04 080 shall not apply to determinations made pursuant to this section. J For nonresidential development composed of new development, redevelopment or a change in use and inclusive of commercial office and retail uses, light and heavy manufacturing uses, but excluding warehousing and distribution uses, and institutional development including but not limited to public and private schools and colleges and hospitals, and prior to the issuance of any permit application and following the execution of a payment agreement on forms prepared and provided by the city, the applicant may elect to pay transportation impact fees due and owing, less any credits awarded, no later than prior to issuance of certificate of occupancy or 18 months from the date of issuance of the original building permit, whichever comes first. Failure to pay shall result in the following: 1 If 30 days after the city has sent the responsible party written notification of its obligation to pay the charges established in this chapter the full amount remains unpaid, the responsible party shall be subject to the enforcement provisions of ACC 1.25.030 and 1.25 065. Written notification shall be by regular and certified mail and to the most current available contact information on file with the city For the purposes of applying ACC 1.25 030 and 1.25 065, the responsible party shall constitute a property owner, the property(ies) for which a permit(s) has been issued shall constitute the property(ies) on which the violation is occurring, and the impact fee amount remaining unpaid shall constitute a violation occurring on the permitted property(ies) under these sections. Ordinance No. 6455 February 5, 2013 Page 8 of 14ORD.E Page 153 of 436 2. Any unpaid charges adopted by this chapter that are outstanding 30 days from the date the charges are due shall constitute a lien against the property(ies) for which a permit(s) have been issued in the amount of the unpaid charges. In addition to the actions authorized in subsection (J)(1) of this section, the city may record a lien against the permitted property(ies) in the amount of the unpaid charges and may immediately suspend any permits previously issued for the lot or unit associated with the current development activity and shall limit the granting of any future permits for the lot or unit until such time that all outstanding water, sanitary sewer and storm drainage development charges are paid in full. 3 The appeals process authorized in ACC 19 04 080 shall not apply to determinations made pursuant to this section. (Ord. 6341 § 3, 2011, Ord. 6005 § 1, 2006; Ord. 5763 § 1, 2003, Ord. 5506 § 1, 2001 ) Section 4. Amendment to City Code. That Section 19 06 040 of the Auburn City Code, entitled 'Fire Impact Fee - Assessment of Impact Fee,' is hereby amended to read as follows. 19.06.040 Assessment of impact fees. A. Effective January 1, 2006, the city shall collect impact fees, based on the fee schedule of the city of Auburn, from any applicant seeking development approval from the city for any development activity within the city B. The amount of impact fees shall be determined at the time an applicant submits a complete application for a building permit using the impact fee schedules then in effect, or pursuant to an independent fee calculation accepted by the director pursuant to ACC 19 06 050, and adjusted for any credits pursuant to ACC 19 06 060 C Payment of impact fees shall be made by the feepayer at the time the building permit is issued for each unit in the development. The amount to be paid shall not be increased for any applicant that submitted a complete application for the building permit before the city established the impact fee rates. D Applicants that have been awarded credits prior to the submittal of the complete building permit application pursuant to ACC 19 06 060 shall submit, along with the complete building permit application, a copy of the letter or certificate prepared by the director pursuant to ACC 19 06 060 setting forth the dollar amount of the credit awarded Impact fees, as determined after the application of appropriate credits, shall be collected from the feepayer at the time the building permit is issued. E. The department shall not issue a building permit unless and until the impact fees have been paid or credit(s) awarded F For complete single-family building permit applications for new development, redevelopment or a change in use, dUFiRg the G# eGti •° peFied of ApFil n 2011 through Apr'. -4 2013, and prior to or at the time of issuance of any single-family residential building permit for a dwelling unit that is being constructed, the applicant may elect to record a covenant against title to the property on forms prepared and provided by the city that requires payment of fire impact fees due and owing by providing for automatic payment through escrow of these fire impact fees due and owing to be paid no later Ordinance No. 6455 February 5, 2013 Page 9 of 14ORD.E Page 154 of 436 than at time of closing of the sale of the unit or at final inspection or issuance of certificate of occupancy or 18 months from the date of issuance of the original building permit, whichever comes first. Failure to pay shall result in the following: 1 If 30 days after the city has sent the responsible party written notification of its obligation to pay the charges established in this chapter the full amount remains unpaid, the responsible party shall be subject to the enforcement provisions of ACC 1.25 030 and 1.25 065 Written notification shall be by regular and certified mail and to the most current available contact information on file with the city For the purposes of applying ACC 1.25.030 and 1.25 065, the responsible party shall constitute a property owner, the property(ies) for which a permit(s) has been issued shall constitute the property(ies) on which the violation is occurring, and the impact fee amount remaining unpaid shall constitute a violation occurring on the permitted property(ies) under these sections. 2. Any unpaid charges adopted by this chapter that are outstanding 30 days from the date the charges are due shall constitute a lien against the property(ies) for which a permit(s) have been issued in the amount of the unpaid charges. In addition to the actions authorized in subsection (F)(1) of this section, the city may record a lien against the permitted property(ies) in the amount of the unpaid charges and may immediately suspend any permits previously issued for the lot or unit associated with the current development activity and shall limit the granting of any future permits for the lot or unit until such time that all outstanding water, sanitary sewer and storm drainage development charges are paid in full. 3 The appeals process authorized in ACC 19 06 080 shall not apply to determinations made pursuant to this section. G For complete multifamily building permit applications for new development, redevelopment or a change in use, during the e#eGt; v° period of ApFil ^ 2011 through ApFil 4, 2013, and prior to or at the time of issuance of any multifamily residential building permit that is being constructed, the applicant may elect to record a covenant against title to the property on forms prepared and provided by the city that requires payment of fire impact fees due and owing by providing for automatic payment through escrow of these fire impact fees due and owing to be paid no later than at time of closing of the sale of the unit, or at final inspection or issuance of certificate of occupancy or 18 months from the date of issuance of the original building permit, whichever comes first. Failure to pay shall result in the following: 1 If 30 days after the city has sent the responsible party written notification of its obligation to pay the charges established in this chapter the full amount remains unpaid, the responsible party shall be subject to the enforcement provisions of ACC 1.25 030 and 1.25 065 Written notification shall be by regular and certified mail and to the most current available contact information on file with the city For the purposes of applying ACC 1.25 030 and 1.25 065, the responsible party shall constitute a property owner, the property(ies) for which a permit(s) has been issued shall constitute the property(ies) on which the violation is occurring, and the impact fee amount remaining unpaid shall constitute a violation occurring on the permitted property(ies) under these sections. 2. Any unpaid charges adopted by this chapter that are outstanding 30 days from the date the charges are due shall constitute a lien against the property(ies) for which a permit(s) have been issued in the amount of the unpaid charges. In addition to the actions authorized in subsection (G)(1) of this section, the city may record a lien against Ordinance No 6455 February 5, 2013 Page 10 of 14ORD.E Page 155 of 436 the permitted property(ies) in the amount of the unpaid charges and may immediately suspend any permits previously issued for the lot or unit associated with the current development activity and shall limit the granting of any future permits for the lot or unit until such time that all outstanding water, sanitary sewer and storm drainage development charges are paid in full. 3 The appeals process authorized in ACC 19 06 080 shall not apply to determinations made pursuant to this section. H For nonresidential development composed of new development, redevelopment or a change in use and inclusive of commercial office and retail uses, light and heavy manufacturing uses, but excluding warehousing and distribution uses, and institutional development including but not limited to public and private schools and colleges and hospitals, dUFERg the effeGtive period of April n 2011, +tire gh April n 2012 and prior to the issuance of any permit application and following the execution of a payment agreement on forms prepared and provided by the city, the applicant may elect to pay fire impact fees due and owing, less any credits awarded, no later than prior to issuance of certificate of occupancy or 18 months from the date of issuance of the original building permit, whichever comes first. Failure to pay shall result in the following: 1 If 30 days after the city has sent the responsible party written notification of its obligation to pay the charges established in this chapter the full amount remains unpaid, the responsible party shall be subject to the enforcement provisions of ACC 1.25 030 and 1.25 065 Written notification shall be by regular and certified mail and to the most current available contact information on file with the city For the purposes of applying ACC 1.25 030 and 1.25 065, the responsible party shall constitute a property owner, the property(ies) for which a permit(s) has been issued shall constitute the property(ies) on which the violation is occurring, and the impact fee amount remaining unpaid shall constitute a violation occurring on the permitted property(ies) under these sections. 2. Any unpaid charges adopted by this chapter that are outstanding 30 days from the date the charges are due shall constitute a lien against the property(ies) for which a permit(s) have been issued in the amount of the unpaid charges. In addition to the actions authorized in subsection (1-1)(1) of this section, the city may record a lien against the permitted property(ies) in the amount of the unpaid charges and may immediately suspend any permits previously issued for the lot or unit associated with the current development activity and shall limit the granting of any future permits for the lot or unit until such time that all outstanding water, sanitary sewer and storm drainage development charges are paid in full. 3 The appeals process authorized in ACC 19 06.080 shall not apply to determinations made pursuant to this section. (Ord. 6341 § 4, 2011, Ord 5977 § 1, 2005 ) Section 5. Amendment to City Code. That Section 19 08.030 of the Auburn City Code, entitled `Parks Impact Fees — Assessment of Impact Fees,' is hereby amended to read as follows. Ordinance No. 6455 February 5, 2013 Page 11 of 14ORD.E Page 156 of 436 VLtoUabed LOZ '4kenjgad 99-* 'ONanueulpJp egolgnnjo; (sal) pedoidagllsule6euallaalnlllsuoopegsanpajesabjegoay; alepay; wojlsAep086wpuelslnoaielegjjaldeg0slglAqpaldopesabjegopledunAuy ,Z suogoasasagljapun (sal) pedadpaulwjadaq} uo6uwn000uollelolnaalnl!;suoo legspledun6ululewailunoweaa; loedwieqlpue '6uwn000siuollelolnaqlg0lgnn uo (sal) pecloidaqlalnlllsuoopegspanssluaaqseg (s)llwjadagoigmjo; (sal) padad aql 'jaumoAliadoidaalnl!lsuooleegsApedelglsuodsaiaql 'g9O4Z'4pUe0£O-9Z'6OOV buiAldde ;osasodindaqljobApoaqlql!Mall; uouogewjolulloeluo0algelleneluajjno soweqlofpueI!ewpal;lliaopuejeln6aiAqaqpegsuolleol;llouu9l4uM -4909Z-6pue 0£04Z'6OOV10suolslnoidluawaaolueaqlofloafgnsaqIeegsApedalq!suodsaiaql pledunsulewailunowelln; a43jaldegoslgluipagsllgelsasabjegoaglAedofuolle6llgo s;! ;ouolleol;llouuappmApedelglsuodsaieqlluasseq /4!oeqljauesAep0£ 114 6ulnnollo; aqlu! llnsai IeegsAedofaml!e3 'lsrn; s9wo0Janagolgnn '11wjad6ulplmqlew6uoaq; toaouenss! ;o alepeqlwalsgluow8l, joAouedn000 ;oaleollllia0toaouenssljouolloadsuileul; leJo 11uneql ;oalesagltobulsolotoawl; leueglje;eloupledaqofbulnnopueanpse6jego juawdolanapasaq; tonnwoseg6naglluawAedollewolnejol6ulp!noidAq 'papieme sl!pajoAuessal '6uimopueanpsealloedw! sMied ;oluawAedsaimbaileg! 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Tedeqlf4!oaqlu!gl!ms;lun6wpampsapnloulleg! A;lnlloeluawdolanapAuejol l!oagl wa; lenaddeluawdolanap6u15l9aslueollddeAuewwl 'ujngnytoAlpagl ;oalnpagos eelagluopaseq 'sealloedw! Tedloelloo (legs40aql 'LOOZ 'l, kenueranll0all3 'y seal;oedwl ;o ;uawssessd0£0'80'64 ORD.E Page 157 of 436 permit(s) have been issued in the amount of the unpaid charges. In addition to the actions authorized in subsection (G)(1) of this section, the city may record a lien against the permitted property(ies) in the amount of the unpaid charges and may immediately suspend any permits previously issued for the lot or unit associated with the current development activity and shall limit the granting of any future permits for the lot or unit until such time that all outstanding water, sanitary sewer and storm drainage development charges are paid in full. 3 The appeals process authorized in ACC 19 08.070 shall not apply to determinations made pursuant to this section. H For complete multifamily building permit applications for new development, redevelopment or a change in use, duFiRg the ff°^" ° peFied of °^'' " 2011, ""^ gh April 4, 2013, and prior to or at the time of issuance of any multifamily residential building permit that is being constructed, the applicant may elect to record a covenant against title to the property on forms prepared and provided by the city that requires payment of parks impact fees due and owing, less any credits awarded, by providing for automatic payment through escrow of these development charges due and owing to be paid no later than at time of closing of the sale of the unit or at final inspection or issuance of certificate of occupancy or 18 months from the date of issuance of the original building permit, whichever comes first. Failure to pay shall result in the following: 1 If 30 days after the city has sent the responsible party written notification of its obligation to pay the charges established in this chapter the full amount remains unpaid, the responsible party shall be subject to the enforcement provisions of ACC 1.25 030 and 1.25.065 Written notification shall be by regular and certified mail and to the most current available contact information on file with the city For the purposes of applying ACC 1.25 030 and 1.25 065, the responsible party shall constitute a property owner, the property(ies) for which a permit(s) has been issued shall constitute the property(ies) on which the violation is occurring, and the impact fee amount remaining unpaid shall constitute a violation occurring on the permitted property(ies) under these sections. 2. Any unpaid charges adopted by this chapter that are outstanding 30 days from the date the charges are due shall constitute a lien against the property(ies) for which a permit(s) have been issued in the amount of the unpaid charges. In addition to the actions authorized in subsection (H)(1) of this section, the city may record a lien against the permitted property(ies) in the amount of the unpaid charges and may immediately suspend any permits previously issued for the lot or unit associated with the current development activity and shall limit the granting of any future permits for the lot or unit until such time that all outstanding water, sanitary sewer and storm drainage development charges are paid in full. 3 The appeals process authorized in ACC 19 08 070 shall not apply to determinations made pursuant to this section. (Ord. 6341 § 5, 2011, Ord. 6063 § 1, 2006.) Section 6. Reporting. The Mayor or the Mayor's designee shall provide a report on the Fee Deferral Program to the City Council every two years. Ordinance No. 6455 February 5, 2013 Page 13 of 14ORD.E Page 158 of 436 Section 7, Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 8. 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 9. 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 APPRO D A TO FORM: Da el B Hei orn y Published: Ordinance No. 6455 February 5, 2013 Page 14 of 14ORD.E Page 159 of 436 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4900 Date: February 12, 2013 Department: Planning and Development Attachments: Agenda Bill Res 4900 Notice of Public Hearing Map Budget Impact: $0 Administrative Recommendation: City Council introduce and adopt Resolution No. 4900. Background Summary: See attached agenda bill. Reviewed by Council Committees: Planning And Community Development, Public Works Other: Legal, Parks, Planning, PW Councilmember:Backus Staff:Snyder Meeting Date:February 19, 2013 Item Number:RES.A AUBURN * MORE THAN YOU IMAGINEDRES.A Page 160 of 436 AGENDA BILL APPROVAL FORM Agenda Subject Resolution No. 4900, Declaration as surplus a portion of City Storm utility-owned property Date: February 12, 2013 Department: Planning and Development Attachments: Resolution No. 4900 Notice of Public Hearing Budget Impact: N/A Administrative Recommendation: City Council to introduce and adopt Resolution No. 4900, declaring as surplus a portion of City stormwater utility-owned property. History/background Planning & Community Development Committee At the January 14, 2013 Planning & Community Development Committee meeting the staff of the City Legal, Parks, Public Works, and Planning Departments provided a briefing on the King County Flood Control District’s Reddington Levee Setback and Extension Project planned for 2013. The discussion focused on the 6 City actions that are required for this King County project. In short, these 6 actions include: 1) Comprehensive Plan Map Amendment of storm utility property to change the designation from “Public and Quasi-Public” to “Moderate Density Residential”. Approved by Ordinance No. 6440, December 17, 2012. 2) Rezoning of storm utility property to change from “P1, Public” to “RMHC, Residential Mobile Home Community”. A public hearing on the rezone was held January 23, 2013 and the City Council is scheduled to consider Ordinance No. 6453 February 19, 2013. 3) Purchase and Sale Agreement to sell a portion of city owned property to an adjacent property owner. The City Council is scheduled to consider Resolution No. 4901, February 19, 2013. 4) Conversion of 2.99 acres of Brannan Park for Levee construction and replacement of area within a portion of storm utility property to satisfy state and federal grants. The City Council is scheduled to consider Resolution No. 4900, February 19, 2013 for surplusing storm utility owned property for replacement park land. 5) City permits and approval for Levee construction were applied for by King County on January 21, 2013 and are under review. Reviewed by Council & Committees: Reviewed by Departments & Divisions: Arts Commission COUNCIL COMMITTEES: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Services Finance Parks Human Services Planning & D Fire Planning Park Board Public Works Legal Police Planning Comm. Other Public Works Human Resources Action: Committee Approval: Yes No Council Approval: Yes No Call for Public Hearing ___/___/____ Referred to _________________________________ Until ____/___/____ Tabled ______________________________________ Until ___/___/____ Councilmember: Backus Staff: Snyder Meeting Date: February 19, 2013 Item Number: RES.A Page 161 of 436 Agenda Subject: Resolution No. 4900 Declaration as surplus a portion of City Storm utility owned property Date: February 12, 2013 6) 3-party Interlocal Agreement for conveyance of easement on city property for levee construction. The City Council is scheduled to consider Resolution No. 4905, February 19, 2013. Also provided at the Committee meeting were: * An aerial photo map of Reddington Levee Setback and Extension Project – Phases I and 2 * Proposed schedule of City actions The schedule showed a proposal of bringing the ordinance and the resolutions for consideration at the February 19th City Council meeting. On February 11, 2013, the Planning & Community Development (PCD) Committee recommended approval of Resolution No. 4900 to the City Council. Public Works Committee A briefing similar to the January 14, 2013 Planning & Community Development (PCD) Committee meeting was provided at the January 22, 2013 Public Works Committee meeting. Surplusing of City Storm utility owned property Resolution No. 4900 was prepared by the City to recognize as “surplus” approximately 9.35 acres of the city owned property referred to as the “Former Crista Ministries Property” and conducting the public hearing as required under RCW 35.94.040 as follows: “RCW 35.94.040 Lease or sale of land or property originally acquired for public utility purposes. Whenever a city shall determine, by resolution of its legislative authority, that any lands, property, or equipment originally acquired for public utility purposes is surplus to the city's needs and is not required for providing continued public utility service, then such legislative authority by resolution and after a public hearing may cause such lands, property, or equipment to be leased, sold, or conveyed. Such resolution shall state the fair market value or the rent or consideration to be paid and such other terms and conditions for such disposition as the legislative authority deems to be in the best public interest.” The portion of the 31.5-acre property to be recognized as “surplus” is undeveloped. The balance of the parcel is also undeveloped, except for the overhead electrical transmission lines on lattice towers (Bonneville Power Administration), an underground water transmission pipeline (Tacoma Pipeline No. 5) and storm drainage ponds and naturally occurring wetlands. The City’s stormwater utility acquired the property in 1995 to implement the city’s Comprehensive Drainage Plan. Subsequent changes in drainage standards and more specific storm drainage modeling conducted by the City indicated that the entirety of the parcel was no longer needed. An update to the City’s Comprehensive Drainage Plan was processed as a Comprehensive Plan Amendment in 2011 based on this storm drainage modeling of this drainage basin (City File # CPA11-0003 – P/T#7). The subject property had a “Single Family Residential” comprehensive plan designation and was zoned “R2, Single Family Residential” since at least 1987. Then, the comprehensive plan designation was changed to “Public Quasi-Public” and the zoning changed to “P1, Public Use” after the city’s acquisition of the parcel in 1995 in response to potential use for future municipal regional storm water management purposes. The area recognized as surplus is proposed to be repurposed for: 1) Approximately 5.95 acres – The King County Flood Control District is acquiring the east end of the mobile home park (and a row of mobile home spaces closest to the Green River) in order to relocate the RES.A Page 162 of 436 Agenda Subject: Resolution No. 4900 Declaration as surplus a portion of City Storm utility owned property Date: February 12, 2013 levee further west and away from the Green River and allow additional flood capacity and river migration area. The mobile home park north of the subject property will lose approximately 16 mobile home spaces and its recreational vehicle parking as a result of the Levee Project and has approached the City to purchase approximately 5.95 acres of the northern portion of the city’s adjacent property in order to replace mobile units and provide housing for park residents. A purchase and sale agreement has been negotiated. A Comprehensive Plan Map Amendment and related rezoning change have been requested by the mobile home park owner for the purpose of changing the designations. The Comprehensive Plan Map Amendment (File No. CPA12-0002) was approved by Ordinance No. 6440 of the City Council on December 17, 2012. A public hearing on the rezone (change in zoning map classification) (REZ12-0001) was held January 23, 2013 and Council consideration of Ordinance No. 6453 is anticipated February 19, 2013. 2) Approximately 3.4 acres – This area is proposed to be used to provide replacement park land for the 2.99 acres of park land being taken up by the footprint of the Levee within Brannan Park. The levee will occupy a portion of Brannan Park that was originally purchased with federal and state funds. In accordance with the terms of the original grant, the permission must be secured from state and federal agencies to “convert” this eastern portion of the park to another use and provide replacement park land. The State Recreation and Conservation Office (RCO) administers the process. The City Parks, Arts and Recreation Department has determined there is no other properties adjacent to the existing Brannan Park that provide a more suitable replacement park land and that replacement at this location and configuration would continue the series of public open spaces along the Green River Trail. RES.A Page 163 of 436 RESOLUTION NO 4 9 0 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DECLARING CERTAIN REAL PROPERTY AS NO LONGER NEEDED FOR UTILITY PURPOSES, DECLARING A PORTION OF THAT PROPERTY AS SURPLUS, AND AUTHORIZING ITS DISPOSAL WHEREAS, the City of Auburn owns a certain piece of real property identified as King County Tax Parcel Number 0004000098 and commonly known as 3460 1 Street, NE, Auburn, Washington 98002 that was originally purchased for use by the City's Storm Drainage Utility; and, WHEREAS, City staff has notified the City Council that that this property is no longer needed for storm drainage purposes, and WHEREAS, as required by RCW 35 94 040, the City held a public hearing on the matter of whether the property is no longer required for utility purposes; and, WHEREAS, in connection with the King County Flood Control Zone District's Reddington Levee Project ("Levee Project"), a mobile home park located north of the property will lose approximately 16 mobile home spaces for its residents, and the owner of that mobile home park has approached the City with a request to purchase a portion of the property in order to continue to provide housing options to the park's residents, and, WHEREAS, the remainder of the property not sold to the mobile home park will be used to replace park property that is displaced by the Levee Project; and, Resolution No. 4900 January 10, 2013 Page 1 of 3RES.A Page 164 of 436 WHEREAS, it would be appropriate to surplus the property and dispose of it by auction or other sale mechanism, or to dispose of it, in whole or in part, through gift to another governmental agency or an appropriate charitable non- profit entity, as deemed most expedient by the Mayor NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON HEREBY RESOLVES as follows. Section 1. That the property identified below is declared to no longer be required for utility purposes. Additionally, the property is hereby declared to be surplus. Section 2. The Mayor is authorized to dispose of all or a portion of the real property described below, and to convey such property through appropriate sale or other disposition. Lot D of City of Auburn Short Plat No 20-80, as recorded under Survey Number 8101079005, and corrected by affidavit under Recording Number 8104280802, being a portion of the Harvey H. Jones Donation Land Claim located in Section 6, Township 21 North, Range 5 East, W M., in King County, Washington; TOGETHER WITH an easement for ingress and egress as provided in instrument recorded under Recording Number 8402020439 and clarified by instrument recorded under Recording Number 9007311728 King County Tax Parcel Number 000400-0098 Section 3. That the property to be sold to the mobile home park shall be sold for a price to be negotiated through a purchase and sale agreement that shall be approved by separate Resolution; Section 4. That the portion of the property not sold to the mobile home park shall be transferred in the records of the City to the City's Parks, Arts and Resolution No 4900 January 10, 2013 Page 2 of 3RES.A Page 165 of 436 Recreation Department. The City Council finds that the transfer of the obligation to manage the property, along with the continued use of some of the property for stormwater conveyance, treatment, and storage purposes is adequate consideration to the utility for the transfer Section 5. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation, including conveying with the property to be sold to the mobile home park such easements as may be appropriate for their intended use. Section 6. 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 APP VED FORM: 5AIiel B. Heid, ity Attorney Resolution No. 4900 January 10, 2013 Page 3 of 3RES.A Page 166 of 436 City of Auburn Notice of Public Hearing NOTICE IS HEREBY GIVEN that the Auburn City Council will conduct a public hearing on Tuesday, February 19, 2013, at its regular meeting at 7:30 P.M. in the Council Chambers of the Auburn City Hall located at 25 West Main Street on the following: Declaring that all or a portion of real property identified by parcel number 0004000098 and commonly known as 3460 I Street NE, that was originally purchased by the City’s Storm Drainage Utility is no longer needed for utility purposes and is declared surplus. The City is conducting a public hearing and accepting testimony on proposed Resolution No. 4900 prepared by the City to recognize as “surplus” approximately 9.35 acres of the city owned property referred to as the “Former Crista Ministries Property” and conducting the public hearing under RCW 35.94.040. The portion of the 31.5-acre property to be recognized as “surplus” is undeveloped. The balance of the parcel is also undeveloped, except for the overhead electrical transmission lines on lattice towers (Bonneville Power Administration), an underground water transmission pipeline (Tacoma Pipeline No. 5) and storm drainage ponds and naturally occurring wetlands. The City’s stormwater utility acquired the property in 1995 to implement the city’s Comprehensive Drainage Plan. Subsequent changes in drainage standards and more specific storm drainage modeling conducted by the City indicated that the entirety of the parcel was no longer needed. An update to the City’s Comprehensive Drainage Plan was processed as a Comprehensive Plan Amendment in 2011 based on this storm drainage modeling of this drainage basin (City File # CPA11-0003 – P/T#7). Any interested person is invited to appear and express comments or opinions. Written comments may be submitted up until and at the public hearing to Kevin Snyder, AICP, Planning Director, Planning and Development, 25 West Main Street, Auburn, WA 98001-4988. If you have further comments or questions, please contact Principal Planner Jeff Dixon at jdixon@auburnwa.gov or 253-804-5033. 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. ----------------------------------------------------------------------------------------------------------------------------- Do not publish below this line Publish in the Seattle Times: Friday, February 8, 2013 RES.A Page 167 of 436 RES.A Page 168 of 436 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4901 Date: February 12, 2013 Department: Planning and Development Attachments: Agenda Bill Res 4901 Exhibit A - Purchase and Sale Agreement Map Budget Impact: $0 Administrative Recommendation: City Council introduce and adopt Resolution No. 4901. Background Summary: See attached agenda bill. Reviewed by Council Committees: Planning And Community Development, Public Works Other: Parks, Planning, Legal, PW Councilmember:Backus Staff:Snyder Meeting Date:February 19, 2013 Item Number:RES.B AUBURN * MORE THAN YOU IMAGINEDRES.B Page 169 of 436 AGENDA BILL APPROVAL FORM Agenda Subject Resolution No. 4901, Purchase and Sale Agreement between City of Auburn and River Mobile Estates Mobile Home Park Date: February 12, 2013 Department: Planning and Development Attachments: Resolution No. 4901 Exhibit A to Res. – Purchase & Sale Agreement Exhibit A to P&S Agreement – Warranty Deed Budget Impact: N/A Administrative Recommendation: City Council to introduce and adopt Resolution No. 4901, a Purchase and Sale Agreement between City of Auburn and River Mobile Estates Mobile Home Park History/background Planning & Community Development Committee At the January 14, 2013 Planning & Community Development Committee meeting the staff of the City Legal, Parks, Public Works, and Planning Departments provided a briefing on the King County Flood Control District’s Reddington Levee Setback and Extension Project planned for 2013. The discussion focused on the 6 City actions that are required for this King County project. In short, these 6 actions include: 1) Comprehensive Plan Map Amendment of storm utility property to change the designation from “Public and Quasi-Public” to “Moderate Density Residential”. Approved by Ordinance No. 6440, December 17, 2012. 2) Rezoning of storm utility property to change from “P1, Public” to “RMHC, Residential Mobile Home Community”. A public hearing on the rezone was held January 23, 2013 and the City Council is scheduled to consider Ordinance No. 6453 February 19, 2013. 3) Purchase and Sale Agreement to sell a portion of city owned property to an adjacent property owner. The City Council is scheduled to consider Resolution No. 4901, February 19, 2013. 4) Conversion of 2.99 acres of Brannan Park for Levee construction and replacement of area within a portion of storm utility property to satisfy state and federal grants. The City Council is scheduled to consider Resolution No. 4900, February 19, 2013 for surplusing storm utility owned property for replacement park land. 5) City permits and approval for Levee construction were applied for by King County on January 21, 2013 and are under review. Reviewed by Council & Committees: Reviewed by Departments & Divisions: Arts Commission COUNCIL COMMITTEES: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Services Finance Parks Human Services Planning & D Fire Planning Park Board Public Works Legal Police Planning Comm. Other Public Works Human Resources Action: Committee Approval: Yes No Council Approval: Yes No Call for Public Hearing ___/___/____ Referred to _________________________________ Until ____/___/____ Tabled ______________________________________ Until ___/___/____ Councilmember: Backus Staff: Snyder Meeting Date: February 19, 2013 Item Number: RES.B Page 170 of 436 Agenda Subject: Resolution No. 4901, Purchase and Sale Agreement between City of Auburn and River Mobile Estates Mobile Home Park Date: February 12, 2013 6) 3-party Interlocal Agreement for conveyance of easement on city property for levee construction. The City Council is scheduled to consider Resolution No. 4905, February 19, 2013. Also provided at the Committee meeting were: * An aerial photo map of Reddington Levee Setback and Extension Project – Phases I and 2 * Proposed schedule of City actions The schedule showed a proposal of bringing the ordinance and the resolutions for consideration at the February 19th City Council meeting. On February 11, 2013, the Planning & Community Development (PCD) Committee recommended approval of Resolution No. 4901 to the City Council. Public Works Committee A briefing similar to the January 14, 2013 Planning & Community Development (PCD) Committee meeting was provided at the January 22, 2013 Public Works Committee meeting. Purchase and Sale Agreement for City-owned property The related Resolution No. 4900 was prepared by the City to recognize as surplus a portion of the city stormwater utility owned property referred to as the “Former Crista Ministries Property” and conducting the public hearing as required under RCW 35.94.040. The King County Flood Control District is acquiring the east end of the mobile home park (and a row of mobile home spaces closest to the Green River) in order to relocate the levee further west and away from the Green River and allow additional flood capacity and river migration area. The mobile home park north of the subject property will lose approximately 16 mobile home spaces and its recreational vehicle parking as a result of the King County Reddington Levee Project and has approached the City with a request to purchase approximately 5.95 acres of the northern portion of the city’s adjacent property in order to replace mobile units and provide housing for park residents. A purchase and sale agreement has been negotiated and Resolution No. 4901 was drafted to implement. A Comprehensive Plan Map Amendment and related rezoning change have been requested by the mobile home park owner for the purpose of changing the designations. The Comprehensive Plan Map Amendment (File No. CPA12-0002) was approved by Ordinance No. 6440 of the City Council on December 17, 2012. A public hearing on the rezone (change in zoning map classification) (REZ12-0001) was conducted by the Hearing Examiner on January 23, 2013 and the City Council is scheduled to consider Ordinance No. 6453 February 19, 2013. RES.B Page 171 of 436 RESOLUTION NO. 4 9 0 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF AUBURN AND RIVER MOBILE ESTATES FOR REAL PROPERTY WHEREAS, the City owns real property that it no longer needs for municipal purposes and which it has surplused under Resolution No 4900; and WHEREAS, HCA Management, dba The River, dba River Mobile Estates, a California General Partnership, desires to purchase said property; and WHEREAS, the City of Auburn and River Mobile Estates have negotiated an agreement that is beneficial to both parties at a cost that is acceptable to the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor of the City of Auburn and the Auburn City Clerk are hereby authorized to execute a Purchase and Sale Agreement between the City of Auburn and River Mobile Estates for the purchase of real property which agreement shall be in substantial conformity with the Agreement a copy of which is attached hereto, marked as Exhibit "A" and incorporated herein by this reference Resolution No 4901 January 10, 2013 Page 1 of 3 RES.B Page 172 of 436 Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This resolution shall be in full force and effect 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: atu Q Darnel B H , City orney Resolution No. 4901 January 10, 2013 Page 2 of 3 RES.B Page 173 of 436 City of Auburn/River Mobile Estates Agreement 1.29.13 Page 1 of 16 PURCHASE AND SALE AGREEMENT This PURCHASE AND SALE AGREEMENT (this “Agreement”) is entered into as of the _____ day of ________, 2013, by and between the CITY OF AUBURN, a Washington municipal corporation, as Seller (hereinafter the “City” or “SELLER”), and HCA Management dba THE RIVER, dba RIVER MOBILE ESTATES, a California General Partnership (hereinafter the “Buyer”). RECITALS A. The SELLER is the owner of certain real property and all improvements thereon located in the City of Auburn, County of King, Washington, at the common address of 3460 I St. NE (King County Tax Parcel No. 000400-0098) which is legally described as follows: Lot D of City of Auburn Short Plat No. 20-80, as recorded under Survey Number 8101079005, and corrected by affidavit under Recording Number 8104280802, being a portion of the Harvey H. Jones Donation Land Claim located in Section 6, Township 21 North, Range 5 East, W..M., in King County, Washington; TOGETHER WITH an easement for ingress and egress as provided in instrument recorded under Recording Number 8402020439 and clarified by instrument recorded under Recording Number 9007311728 B. The Buyer desires to purchase from the City approximately 5.95 acres of the above described property, which portion is more specifically described on the warranty deed (the “Acquired Property”), said deed being attached hereto as Exhibit “A” and incorporated herein by this reference (the “Deed”). C. City desires to sell the Acquired Property to Buyer, on the terms and conditions set forth herein. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, Buyer and City hereby agree as follows: 1. Certain Defined Terms. For purposes of this Agreement, the terms set forth below shall have the meaning assigned to them: 1.1 “Closing” or “Close of Escrow” means the recordation of the Deed in the Official Records and SELLER’s receipt of the Purchase Price. RES.B Page 174 of 436 City of Auburn/River Mobile Estates Agreement 1.29.13 Page 2 of 16 1.2 “Closing Date” means any mutually agreeable date on or before ______________________, 2013. 1.3 “Escrow” means the escrow opened with Escrow Agent for the consummation of the transaction described in this Agreement. 1.4 “Escrow Agent” means Stephani Owens of Stewart Title Company (Phone: (206) 770-8811). 1.5 “Official Records” means the official real property records of King County, Washington. 1.6 “Opening of Escrow” means the date a fully executed copy of this Agreement is deposited with Escrow Agent. 1.7 “Permitted Exceptions” has the meaning as set forth in Section 6.4 below. 1.8 “Purchase Price” has the meaning as set forth in Section 3. 1.9 “Title Company” means Stewart Title Company. 1.10 “Title Policy” means an ALTA (1970 Form B) extended coverage owner’s policy of title insurance issued by the Title Company to Buyer with coverage in the amount of purchase price, showing title to the Acquired Property vested in City subject only to the Permitted Exceptions. 2. Purchase and Sale. The City agrees to sell to Buyer, and Buyer agrees to purchase from City, the Acquired Property upon the terms and conditions set forth in this Agreement. 3. Purchase Price; Cash Payment. The total cash purchase price for the Acquired Property (the “Purchase Price”) shall be One Hundred Thousand Dollars per acre, with a proportionate amount for any percentage of an acre. The Purchase Price shall be paid to City in cash at Closing. 4. Covenants, Conditions, Restrictions. This Agreement shall include Buyer’s right to purchase a storm water drainage easement for a below grade storm water conveyance facility which shall be legally described and depicted in Exhibit “C” to this Agreement. The parties agree to work in good faith together, if necessary, to prepare a temporary and permanent easement. The initial easement will be initially described as temporary and it will be based on the current 60% proposed conceptual site plan, River Mobile Estates, CHS Engineers, whereby the proposed storm system includes a detention pond with a storm water outlet pipe leading southeasterly to an outlet to an existing outfall to the Green River. This easement may be obstructed by the future Levee Project, with the outfall being relocated by the King County Flood Control District for the Reddington RES.B Page 175 of 436 City of Auburn/River Mobile Estates Agreement 1.29.13 Page 3 of 16 Setback and Extension Project (Levee Project). If the initial easement is not moved by the Levee Project, the parties agree to record this initial easement as a permanent easement. If the initial outfall location is obstructed, the parties will work together in good faith to develop a second easement which shall become permanent. The easement will be approximately 15 feet wide, crossing the city property associated with this storm water outlet pipe. The Parties agree that the purchase price does not include the value of the land for the permanent easement. The temporary easement will not cost Buyer any purchase amount until and unless the initial area is made a permanent easement. The Parties agree that, once the final alignment for a permanent easement is established, Buyer will pay the City for the area of the easement at a rate of Twenty Thousand Dollars ($20,000.00) per acre or portion thereof. The Parties further agree that, consistent with Sections 10.2.3 and 10.2.4, that Buyer is responsible for any costs to benefit the Acquired Property not paid by the County to relocate the storm water conveyance facility. 5. Earnest Money Deposit. On execution of this Agreement, Buyer shall deposit with Escrow Agent One Thousand Dollars and No/100’s Dollars ($1,000.00) in cash (the “Deposit”), which shall be held by Escrow Agent as an earnest money deposit hereunder. The Deposit shall be held in Escrow and applied or disposed of by Escrow Agent as provided herein. Escrow Agent shall place the Deposit in an interest-bearing account approved by City and Buyer and all interest earned thereon shall be added to and become a part of the Deposit. 6. Due Diligence. 6.1 Due Diligence Period. Buyer shall have the right for a period of ninety (90) days from the date of this Agreement (the “Due Diligence Period”) to conduct Buyer’s due diligence review, examination and inspection of all matters pertaining to its acquisition of the Acquired Property, including such inspections, tests, and surveys as Buyer deems appropriate to determine the suitability of the Acquired Property for Buyer’s intended use. City shall provide Buyer and Buyer’s agents and consultants with reasonable access to the Acquired Property and, to the extent such information is in the possession or control of City, shall provide reasonable access to appropriate information respecting the Acquired Property, subject to the terms and conditions of this Agreement. Buyer’s obligation to purchase the Acquired Property shall be contingent upon its approval of such property after conducting its due diligence review. If, based upon Buyer’s review, examination and inspection, Buyer shall determine in its sole discretion that it intends to acquire the Acquired Property, then Buyer shall promptly notify City of such determination in writing prior to the expiration of the Due Diligence Period, whereupon Buyer’s due diligence contingency shall be deemed satisfied and waived, the Deposit shall become nonrefundable (except as otherwise provided herein), and Buyer shall proceed to Closing. In the event that Buyer shall fail to have delivered such notice to Buyer on or before the expiration of the Due Diligence Period, then this Agreement shall RES.B Page 176 of 436 City of Auburn/River Mobile Estates Agreement 1.29.13 Page 4 of 16 automatically terminate, the Deposit shall be returned to Buyer, and Buyer’s rights under this Agreement shall be of no further force or effect. 6.2 Reserved. 6.3 Title Commitment. Promptly after mutual execution of this Agreement, Seller shall obtain an extended preliminary title insurance commitment covering the Acquired Property from the Title Company (the “Commitment”) as is consistent with Section 9 together with copies of all recorded documents listed as special exceptions therein. Approval by Buyer of the exceptions to title set forth in the Commitment (other than as hereinafter set forth) shall be a condition precedent to Buyer’s obligation to purchase the Acquired Property. Unless Buyer gives written notice that it disapproves the exceptions to title shown on the Commitment (other than the exceptions to title approved by Buyer and described in Section 6.4 below), stating the exceptions so disapproved, within sixty (60) days after the date of this Agreement, Buyer shall be deemed to have approved such exceptions. If Buyer disapproves any title exceptions, City shall have a ten (10) day period after its receipt of Buyer’s written notice of disapproval of the same within which to provide written notice to Buyer as to which of such disapproved title exceptions the City will remove (or cause to be removed) from title; provided, however, that City shall not be required to actually remove such exception(s) until Closing. If, for any reason, City’s notice given pursuant to the immediately preceding sentence does not covenant to remove all of Buyer’s disapproved title exceptions at or prior to Closing, Buyer shall have the right to terminate this Agreement by written notice to City and Escrow Agent given within ten (10) days after the earlier of the expiration of such ten (10) day period or the date City informs Buyer that it does not intend to remove the disapproved items (the “Termination Notice”). Buyer’s failure to deliver the Termination Notice within such ten (10) day period shall be deemed Buyer’s approval of any such previously disapproved title exception. If Buyer delivers the Termination Notice within such ten (10) day period, the obligation of City to sell, and Buyer to buy, the Acquired Property as herein provided shall terminate and the Deposit shall be returned to Buyer. Buyer shall have the option to waive the condition precedent set forth in this Section 6.3 by written notice to Seller. In the event of such waiver, such condition precedent shall be deemed satisfied. 6.4 Permitted Exceptions. In addition to such other exceptions to title as may be approved by Buyer pursuant to the provisions of Section 6.3 above, Buyer shall accept title to the Acquired Property subject to the following (collectively, the “Permitted Exceptions”): 6.4.1 The printed exceptions which appear in the ALTA (Form 1970B) form extended coverage owner’s policy of title insurance issued by Title Company in the State of Washington; and items created by, or on behalf of, Buyer. 6.5 No New Leases or Contracts. Prior to Closing, City shall not enter into any new leases, contracts or agreements affecting the Acquired Property without the prior written consent of Buyer, except the City may enter into interim contracts or agreements in RES.B Page 177 of 436 City of Auburn/River Mobile Estates Agreement 1.29.13 Page 5 of 16 connection with the management, maintenance, repair or preservation of the Acquired Property in the normal course of business if each such contract or agreement expires or is terminated at or prior to Closing. 7. Buyer’s Right of Entry. Buyer, and its agents and consultants, at Buyer’s sole expense and risk, may enter the Acquired Property during the term of this Agreement at reasonable times scheduled in advance with City for the purpose of Buyer’s due diligence study of the Acquired Property. Buyer shall (a) exercise care at all times on or about the Acquired Property, and (b) take precautions for the prevention of injury to persons or damage to property on or about the Acquired Property. Buyer shall keep the Acquired Property free from all mechanics’, materialmen’s and other liens, and all claims thereof, arising from any work or labor done, services performed, or materials and supplies furnished in with Buyer’s actions in the exercise of its right of entry on the Acquired Property, and Buyer shall indemnify and defend City against and hold City harmless from all such liens and claims. . 8. Closing. 8.1 Time for Closing. This purchase and sale shall be closed in the office of Escrow Agent on the Closing Date. Buyer and City shall deposit in Escrow with Escrow Agent all instruments, documents and monies necessary to complete the sale in accordance with this Agreement. Funds held in reserve accounts pursuant to escrow instructions shall be deemed, for purposes of this definition, as available for disbursement to City. 8.2 Closing Costs. 8.2.1 City Costs. City shall pay (a) the premiums for the standard coverage portion of the Title Policy, including applicable sales tax, (b) one-half (½) of all escrow fees and costs and, (c) City’s share of prorations, if any. This sale is exempt from real estate excise taxes under Washington Administrative Code Section 458-61A-205. 8.2.2 Buyer’s Costs. Buyer shall pay (a) one-half (½) of all escrow fees and costs, (b) the recording fees for the Deed, (c) Buyer’s share of prorations, if any, and (d) any additional premium charged for extended coverage for the Title Policy and any additional endorsements or coverage Buyer may require, including applicable sales tax. 8.2.3 Other Costs. Buyer and City shall each pay its own legal fees and fees of its own consultants. All other costs and expenses shall be allocated between Buyer and City in accordance with the customary practice of King County, Washington. 8.3 Real Property Taxation. City shall be responsible for all real property taxes due and owing prior to the Closing. 8.4 Closing Documents. RES.B Page 178 of 436 City of Auburn/River Mobile Estates Agreement 1.29.13 Page 6 of 16 8.4.1 City’s Documents. At Closing, City shall deliver to Escrow Agent the following instruments and documents: 8.4.1.1 The executed and acknowledged Deed in the form attached hereto as Exhibit “A,” conveying the Acquired Property to Buyer; 8.4.1.2 The executed real estate excise tax affidavit to accompany the Deed; and 8.4.1.3 An executed nonforeign person affidavit in the form required under Section 1445 of the Internal Revenue Code. 8.4.2 Buyer’s Documents. At Closing, Buyer shall deliver to Escrow Agent the following funds, instruments and documents: 8.4.2.1 The balance of the Purchase Price in accordance with Section 3; 8.4.2.2 The executed real estate excise tax affidavit referenced in Section 8.4.1.2 above. 8.5 Possession. Buyer shall be entitled to possession of the Acquired Property upon Closing. 9. Title Insurance. As soon as available after Closing, City shall provide to Buyer the Title Policy, dated as of the Closing Date, subject only to the Permitted Exceptions. 10. Conditions to Closing. 10.1 Buyer’s Conditions to Closing. Notwithstanding anything to the contrary set forth herein, Buyer’s obligation to close hereunder is expressly subject to satisfaction or waiver by Buyer in writing of each of the following conditions: 10.1.1 The City’s approval of the subdivision or boundary line adjustment of the Parcel such that the Acquired Property can be recorded as a separate tax parcel or part of the Buyer’s pre-existing parcel number 0621059002. As per 10.2.3 below, Buyer shall be responsible for all costs in connection with the subdivision or boundary line adjustment. 10.1.2 The City’s designation of the Acquired Property as “surplus” and its authorization to sell the Acquired Property. 10.1.3 The City’s approval of the redesignation of the Acquired Property from Public/Quasi-Public to Moderate Density Residential on the City’s Comprehensive Plan Map. 10.1.4 The City’s approval of a change in zoning of the Acquired Property From P1, Public Use District to RMHC, Residential Manufactured/Mobile Home Community RES.B Page 179 of 436 City of Auburn/River Mobile Estates Agreement 1.29.13 Page 7 of 16 District. Includes obtaining the Mayor’s signature on application, as property owner, if applicable. 10.1.5 The City’s approval of the easement or easements for storm water conveyance as described in Section 4. 10.2 City’s Conditions to Closing. Notwithstanding anything to the contrary set forth herein, City’s obligation to close hereunder is expressly subject to satisfaction or waiver by City in writing of each of the following conditions: 10.2.1 Buyer shall complete in accordance with all adopted City regulations and standards and at its own cost, the processing of the aforementioned Comprehensive Plan amendment request for the property. 10.2.2 Buyer shall complete in accordance with all adopted City regulations and standards and its own cost, the process of a rezone application for the aforementioned change in zoning designation for the property. 10.2.3 Buyer shall be responsible for all costs incurred in preparing, applying for and processing a boundary line adjustment application including any required field survey work, legal description documentation and recording of documents. 10.2.4 Buyer shall be responsible for all costs to benefit the Acquired Property not covered by King County Flood Control District in relocating, if necessary, the storm water outlet pipe described in Section 4 of this Agreement except for the land value of the easement, which value is to be determined by Section 4. 11. Representations and Warranties. 11.1 City’s Representations and Warranties. In addition to any other representations or warranties of City elsewhere in this Agreement, City represents and warrants to Buyer now, and as of the Date of Closing, that: 11.1.1 Authority. City, and the person signing on behalf of City, has full power and authority to execute this Agreement and perform City’s obligations hereunder, and all necessary action to authorize this transaction has been taken, except as specifically provided herein. 11.1.2 Hazardous Substances. City has not received notification of any kind from any governmental agency suggesting that the Acquired Property is or may be targeted for a Hazardous Substances cleanup; to the best of City’s knowledge the Acquired Property has not been used (a) for the storage, disposal or discharge of oil, solvents, fuel, chemicals or any type of toxic, dangerous, hazardous or biological waste or substance (collectively, “Hazardous Substances”), or (b) as a landfill or waste disposal site; to the best of City’s knowledge the Acquired Property has not been contaminated with any RES.B Page 180 of 436 City of Auburn/River Mobile Estates Agreement 1.29.13 Page 8 of 16 Hazardous Substances; and to the best of City’s knowledge, there are no underground storage tanks on the Acquired Property. 11.1.3 Other Rights. No person or entity has any right to lease or purchase any interest in the Acquired Property or any part thereof. 11.2 Buyer’s Representations and Warranties. In addition to any other representations and warranties of Buyer elsewhere in this Agreement, Buyer represents and warrants to City now, and as of the Date of Closing, that (a) Buyer has full power to execute, deliver and carry out the terms and provisions of this Agreement, and has taken all necessary action to authorize the execution, delivery and performance of this Agreement; and (b) the individual executing this Agreement on behalf of Buyer has the authority to bind Buyer to the terms and conditions of this Agreement. 11.3 “AS IS” CONDITION OF PROPERTY. THE PURCHASE PRICE REFLECTS THAT THE ACQUIRED PROPERTY IS BEING PURCHASED BY BUYER ON AN “AS IS” “WHERE IS” AND “WITH ALL FAULTS” BASIS, EXCEPT TO THE EXTENT OF REPRESENTATIONS AND WARRANTIES SPECIFICALLY MADE BY SELLER HEREIN OR IN THE WARRANTY DEED OR OTHER DOCUMENTS TO BE DELIVERED BY CITY AT CLOSING. BUYER HEREBY WAIVES AND RELINQUISHES ALL RIGHTS AND PRIVILEGES ARISING OUT OF, OR WITH RESPECT TO, ANY REPRESENTATIONS, WARRANTIES OR COVENANTS, WHETHER EXPRESS OR IMPLIED, WHICH MAY HAVE BEEN MADE OR GIVEN, OR WHICH MAY BE DEEMED TO HAVE BEEN MADE OR GIVEN, BY CITY OR ITS REPRESENTATIVES, INCLUDING BUT NOT LIMITED TO ANY BROKER, EXCEPT FOR THOSE REPRESENTATIONS, WARRANTIES AND COVENANTS SET FORTH IN THIS AGREEMENT OR IN ANY DOCUMENTS TO BE EXECUTED AND DELIVERED BY CITY AT CLOSING. EXCEPT TO THE EXTENT OF ANY REPRESENTATIONS OR WARRANTIES SET FORTH ELSEWHERE IN THIS AGREEMENT OR IN ANY DOCUMENTS TO BE EXECUTED AND DELIVERED BY CITY AT CLOSING, BUYER HAS NOT RELIED UPON AND WILL NOT RELY UPON, AND CITY EXPRESSLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO, AND SHALL HAVE NO LIABILITY FOR: (I) THE CONDITION OF THE ACQUIRED PROPERTY OR ANY BUILDINGS, STRUCTURES OR IMPROVEMENTS LOCATED THEREON OR THE SUITABILITY THEREOF FOR HABITATION, OCCUPANCY OR FOR BUYER’S INTENDED USE OR FOR ANY USE WHATSOEVER; (II) ANY APPLICABLE BUILDING, ZONING OR FIRE LAWS OR REGULATIONS OR WITH RESPECT TO COMPLIANCE THEREWITH OR WITH RESPECT TO THE EXISTENCE OF OR COMPLIANCE WITH ANY REQUIRED PERMITS, IF ANY, OF ANY GOVERNMENTAL AGENCY; (III) THE AVAILABILITY OR EXISTENCE OF ANY WATER, SEWER OR UTILITIES, ANY RIGHTS THERETO, OR ANY WATER, SEWER OR UTILITY DISTRICTS; (IV) ACCESS TO ANY PUBLIC OR PRIVATE SANITARY SEWER SYSTEM; (V) THE RES.B Page 181 of 436 City of Auburn/River Mobile Estates Agreement 1.29.13 Page 9 of 16 FACT THAT ALL OR A PORTION OF THE ACQUIRED PROPERTY MAY BE LOCATED ON OR NEAR AN EARTHQUAKE FAULT LINE; OR (VI) EXCEPT AS SPECIFICALLY SET FORTH ABOVE, THE PRESENCE OF ANY HAZARDOUS SUBSTANCES IN ANY IMPROVEMENTS ON THE ACQUIRED PROPERTY, INCLUDING WITHOUT LIMITATION ASBESTOS OR FORMALDEHYDE, OR THE PRESENCE OF ANY ENVIRONMENTALLY HAZARDOUS WASTES OR MATERIALS ON OR UNDER THE ACQUIRED PROPERTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXCEPT TO THE EXTENT OF ANY REPRESENTATIONS OR WARRANTIES SET FORTH ELSEWHERE IN THIS AGREEMENT OR IN ANY DOCUMENTS TO BE EXECUTED AND DELIVERED BY CITY AT CLOSING, CITY SHALL HAVE NO LIABILITY TO BUYER WITH RESPECT TO THE CONDITION OF THE ACQUIRED PROPERTY UNDER COMMON LAW, OR ANY FEDERAL, STATE, OR LOCAL LAW OR REGULATION, INCLUDING BUT NOT LIMITED TO THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980 AS AMENDED, 42 U.S.C.A. SECTIONS 9601 ET SEQ., AND THE WASHINGTON MODEL TOXICS CONTROL ACT (“MTCA”), RCW 70.105D. BUYER HEREBY RELEASES AND WAIVES ANY AND ALL CLAIMS WHICH THE BUYER HAS OR MAY HAVE AGAINST CITY UNDER ANY OF THE FOREGOING LAWS OR WITH RESPECT TO THE CONDITION OF THE ACQUIRED PROPERTY, EXCEPT TO THE EXTENT OF ANY CLAIMS BUYER MAY HAVE ARISING FROM ANY EXPRESS REPRESENTATIONS, WARRANTIES OR COVENANTS OF CITY UNDER THIS AGREEMENT OR ANY DOCUMENTS TO BE EXECUTED AND DELIVERED BY CITY AT CLOSING. BUYER ACKNOWLEDGES TO CITY THAT BUYER IS GIVEN THE OPPORTUNITY UNDER THIS AGREEMENT TO FULLY INSPECT THE ACQUIRED PROPERTY AND BUYER ASSUMES THE RESPONSIBILITY AND RISKS OF ALL DEFECTS AND CONDITIONS, INCLUDING SUCH DEFECTS AND CONDITIONS, IF ANY, THAT CANNOT BE OBSERVED BY CASUAL INSPECTION, SUBJECT TO THE EXCEPTION OF RIGHTS EXPRESSLY SET FORTH ABOVE. BUYER: _______________ CITY: ________________ IF A PHASE I ENVIRONMENTAL SITE ASSESSMENT REPORT OR OTHER ENVIRONMENTAL STUDY OR REPORT (COLLECTIVELY, THE "PHASE I REPORT") HAS BEEN DELIVERED BY CITY TO BUYER, THEN, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BY CLOSING THE TRANSACTION AS CONTEMPLATED HEREIN, BUYER AGREES THAT, EXCEPT TO THE EXTENT EXPRESSLY CONTRARY TO ANY REPRESENTATIONS, WARRANTIES OR COVENANTS OF CITY SET FORTH IN THIS AGREEMENT: (A) BUYER SHALL BE DEEMED TO HAVE ACCEPTED ALL RISK ASSOCIATED WITH ADVERSE PHYSICAL CHARACTERISTICS AND EXISTING ENVIRONMENTAL CONDITIONS THAT MAY OR MAY NOT HAVE BEEN REVEALED BY CITY'S INVESTIGATION OF THE PHASE I REPORT, AND (B) AS BETWEEN CITY AND BUYER, BUYER SHALL BE DEEMED TO HAVE RES.B Page 182 of 436 City of Auburn/River Mobile Estates Agreement 1.29.13 Page 10 of 16 ACCEPTED ALL COSTS AND LIABILITIES ASSOCIATED IN ANY WAY WITH THE PHYSICAL AND ENVIRONMENTAL CONDITION OF THE ACQUIRED PROPERTY. BUYER ACKNOWLEDGES AND AGREES THAT CITY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE TRUTH, ACCURACY OR THOROUGHNESS OF THE INVESTIGATION, PREPARATION OR CONTENT OF THE PHASE I REPORT, OR THE COMPETENCE OR ABILITY OF THE PERSONS OR COMPANIES PREPARING SUCH REPORT. BUYER AGREES THAT, BY CLOSING THE TRANSACTION CONTEMPLATED HEREIN, BUYER WILL HAVE HAD AN OPPORTUNITY TO REVIEW THE ABOVE REPORT PRIOR TO THE CLOSING DATE IN ORDER TO MAKE AN INDEPENDENT VERIFICATION OF THE INFORMATION CONTAINED THEREIN, AND THAT BUYER AND ITS ENVIRONMENTAL CONSULTANTS WILL HAVE HAD AN OPPORTUNITY TO CONDUCT TESTS ON THE ACQUIRED PROPERTY. 12. Maintenance of Property; Risk of Loss, Condemnation. 12.1 Maintenance of Property. From the date of this Agreement until the Closing Date (or any earlier termination of this Agreement), City agrees to maintain the Acquired Property in substantially the same condition existing as of the date hereof, ordinary wear and tear, damage by casualty excepted. 12.2 Risk of Loss; Condemnation. Risk of loss of or damage to the improvements on the Acquired Property shall be borne by Seller at all times and no event of casualty or damage shall affect the parties’ obligations hereunder or the Purchase Price, however, Buyer shall have the right to receive any insurance proceeds due City in connection with any casualty or damage and City hereby covenants to maintain commercially reasonable casualty insurance in place with respect to the Acquired Property at all times prior to Closing. City shall promptly notify Buyer of any condemnation or eminent domain proceeding which affects the Acquired Property, and City covenants and agrees not to commence or pursue any such action. In the event of any condemnation or eminent domain proceeding by any entity other than City, or a deed in lieu or under threat thereof, which affects a material portion of the Acquired Property, Buyer may elect either to terminate this Agreement, or to purchase the Acquired Property in the condition existing on the Closing Date without adjustment of the Purchase Price. If Buyer elects to terminate this Agreement, the Deposit shall be returned to Buyer. If Buyer elects to purchase the Acquired Property, City shall not be liable to restore same, and Buyer shall be entitled to any condemnation award or payment in lieu thereof payable to City in its capacity as the owner thereof. 13. Default. 13.1 Time of Essence. Time is of the essence of this Agreement. 13.2 City’s Remedies for Buyer’s Default and Failure to Close. If Buyer fails, without legal excuse, to complete the purchase of the Acquired Property in accordance with this RES.B Page 183 of 436 City of Auburn/River Mobile Estates Agreement 1.29.13 Page 11 of 16 Agreement, City’s sole and exclusive remedy shall be to retain the Deposit as liquidated damages. Buyer expressly agrees that the retention of the Deposit by City represents a reasonable estimation of the damages in the event of Buyer’s default and failure to close hereunder, that actual damages may be difficult to ascertain and that this provision does not constitute a penalty. In this respect, Buyer and City acknowledge that these damages have been specifically negotiated between Buyer and City and are, inter alia, to compensate City for delaying the eventual sale of the Acquired Property and to compensate City or its costs and expenses associated with this Agreement. Buyer hereby waives the rights and benefits of any law, rule, regulation or order now or hereafter existing that would allow Buyer to claim a refund of the Deposit as unearned earnest money, a penalty or for any other reason except default by City. 13.3 Buyer’s Remedies for City’s Default. If City fails to complete the sale of the Acquired Property in accordance with this Agreement, Buyer shall have and may enforce the following exclusive remedies: (a) seek specific performance; (b) terminate this Agreement, receive a refund of the Deposit and recover from City all of Buyer’s actual third-party costs and expenses incurred by it in connection with the transaction and the Project; or (c) seek rescission of this Agreement and receive a refund of the Deposit. 14. Notices. All notices, demands and other communications required or permitted to be given hereunder shall be in writing, and shall be sent by personal delivery (including by means of professional messenger or courier service) or registered or certified mail, postage-prepaid, return-receipt requested. Notice shall be deemed to have been given if personally delivered, upon receipt, and if sent by mail, two (2) days after duly deposited in the U.S. Mail. The parties’ respective addresses for notices are as follows: If to City: City of Auburn Planning and Development Department 25 West Main Street Auburn, WA 98001-4998 Attn: Planning Director With copies to: City Attorney’s Office City of Auburn 25 West Main Street Auburn, WA 98001-4998 Attn: City Attorney If to Buyer: Dean J. Moser, Managing Director River Mobile Estates P.O. Box 7, Novato, CA 94948 7250 Redwood Blvd. #350, Novato, CA 94945 deanm@hcamgmt.com RES.B Page 184 of 436 City of Auburn/River Mobile Estates Agreement 1.29.13 Page 12 of 16 With copies to: Dan DeLue Ferring and DeLue 600 Stewart Street Suite 1115 Seattle, WA 98101 Daniel DeLue [dan@ferringdelue.com] Notice of change of address shall be given by written notice in the manner detailed in this Section 14. 15. General. 15.1 Entire Agreement This is the entire agreement of Buyer and City with respect to the matters covered hereby and supersedes all prior agreements between them, written or oral. This Agreement may be modified only in writing, signed by Buyer and City. Any waivers hereunder must be in writing. No waiver of any right or remedy in the event of default hereunder shall constitute a waiver of such right or remedy in the event of any subsequent default. This Agreement shall be governed by the laws of the State of Washington. Venue for disputes under this agreement shall lie with the Superior Court of King County, Washington. 15.2 No Third Party Beneficiaries/Severability. This Agreement is for the benefit only of the parties hereto and shall inure to the benefit of and bind the heirs, personal representatives, successors and permitted assigns of the parties hereto. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 15.3 Post-closure responsibilities. The requirements of this Section 15.3 shall survive closing. Additionally, all remedies available under this Agreement shall remain available until the conditions of this Section 15.3 are completed. 15.3.1 Buyer shall, within 30 of closing, prepare and submit applications for construction approvals for physically relocating existing stormwater facilities and water lines that may exist within the area of the purchase and to extinguish any associated easements. 15.3.2 Buyer shall, within 120 days of closing, so long as the construction application is approved, accomplish any relocating existing stormwater facilities and water lines that may exist within the area of the purchase and to extinguish any associated easements. 15.3.3 The City shall give Buyer credit for existing utility connections when calculating fees to the new homes being constructed as follows: Buyer shall be entitled to a one-for- one credit for equivalent replacement water & sanitary sewer connections. If the capacity RES.B Page 185 of 436 City of Auburn/River Mobile Estates Agreement 1.29.13 Page 13 of 16 or the number of new connections is greater than that of the connections being replaced, Buyer shall be responsible for the extra capacity or the extra number of connections. Buyer shall also be responsible for the City’s permit fees for all of the additional connections related to improvements on the project. For Storm, the city will credit SDC’s for existing impervious surface. The mobile park will only be charged SDC’s for those impervious surfaces greater than existing conditions at the time of storm permit application. 16. Commissions. City represents to Buyer that City has engaged no broker, agent or finder in connection with the negotiations leading to this Agreement. Buyer represents to City that Buyer has not engaged or in any way dealt with any broker, agent or finder in connection with the negotiations leading to this Agreement. Each party hereby agrees to indemnify, defend and hold the other party harmless from and against any claims for broker’s, agent’s, or finder’s fees or commissions arising from or through the actions of the indemnifying party. 17. Attorneys’ Fees. In the event suit or action is instituted to interpret or enforce the terms of this Agreement, the prevailing party therein shall be entitled to recover from the other party such sum as the Court may adjudge reasonable as attorneys’ fees, including fees incurred at trial, on any appeal and in any petition for review. 18. Exclusivity. During the term of this Agreement City shall not market nor list the Acquired Property for sale, nor accept any offers from third parties with respect to sale of the Acquired Property. 19. Reservation of Police Power. Notwithstanding anything to the contrary set forth herein, Buyer understands and acknowledges that the City’s authority to exercise its police (regulatory) powers in accordance with applicable law shall not be deemed limited by the provisions of this Agreement. 20. City Council Approval. The Buyer acknowledges that this Agreement does not bind the City of Auburn until the City Council approves of the purchase Agreement and the Mayor executes the Agreement. 21. Exhibits. Exhibits “A” and “B”, ___, ____, attached hereto are incorporated herein as if fully set forth. RES.B Page 186 of 436 City of Auburn/River Mobile Estates Agreement 1.29.13 Page 14 of 16 SIGNED in duplicate original as of the date first above written. CITY OF AUBURN THE RIVER, A CALIFORNIA GENERAL PARTNERSHIP, d/b/a RIVER MOBILE ESTATES ________________________________ By _____________________________ Peter B. Lewis, Mayor Name___________________________ Attest: Title ____________________________ ________________________________ Danielle Daskam, City Clerk Approved as to form: ________________________________ Daniel B. Heid, Auburn City Attorney EXHIBITS Exhibit A, Warranty Deed Exhibit B, Easements Exhibit C, Storm water drainage easement for a below grade storm water outlet pipe across City Storm Utility Owned Property RES.B Page 187 of 436 City of Auburn/River Mobile Estates Agreement 1.29.13 Page 15 of 16 Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. WARRANTY DEED Reference # (if applicable): N/A Grantor/Borrower: City of Auburn Grantee/Assignee/Beneficiary: The River, a California General Partnership, d/b/a The River Mobile Estates Legal Description/STR: Assessor’s Tax Parcel ID#: For and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, Grantor, the CITY OF AUBURN, a municipal corporation of the State of Washington, hereby conveys and warrants to THE RIVER, a California General Partnership d/b/a RIVER MOBILE ESTATES, Grantee herein, its successors and assigns, the property legally described and depicted in Exhibit “A,” attached hereto and incorporated herein by this reference (the “Acquired Property”). For and in consideration hereof, THE PARTIES HERETO FURTHER AGREE as follows: IN WITNESS WHEREOF, the parties have caused this instrument to be executed by its proper officer(s) this _____ day of ______________, 2013. Grantee: Grantor: The River, d/b/a River Mobile Estates. The City of Auburn By: ______________________________ By:__________________________________ Its: Managing Director Date Signed: ______________________ Its: Mayor Date Signed: __________________________ RES.B Page 188 of 436 City of Auburn/River Mobile Estates Agreement 1.29.13 Page 16 of 16 STATE OF _______________ ) )ss. County of ________________ ) I certify that I know or have satisfactory evidence that _____________________________ is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of The River, a California General Partnership, d/b/a River Mobile Estates, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated _______________________ _________________________________________ _________________________________________ Notary Public in and for the State of ___________ STATE OF WASHINGTON ) residing at )ss. My appointment expires County of King ) I certify that I know or have satisfactory evidence that _____________________________ is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of the City of Auburn, a Washington municipal corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated _______________________ _________________________________________ _________________________________________ Notary Public in and for the State of ___________ residing at My appointment expires RES.B Page 189 of 436 RES.B Page 190 of 436 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4905 Date: February 12, 2013 Department: Planning and Development Attachments: Agenda Bill Res 4905 Resolution No. 4905 Exhibit A - ILA Agreement ILA Exhibit A - Map Budget Impact: $0 Administrative Recommendation: City Council introduce and adopt Resolution No. 4905. Background Summary: See attached agenda bill. Reviewed by Council Committees: Planning And Community Development, Public Works Other: Legal, Parks, Planning, PW Councilmember:Backus Staff:Snyder Meeting Date:February 19, 2013 Item Number:RES.C AUBURN * MORE THAN YOU IMAGINEDRES.C Page 191 of 436 AGENDA BILL APPROVAL FORM Agenda Subject Resolution No. 4905, An Interlocal Agreement (ILA) between King County, King County Flood Control Zone District and the City of Auburn Date: February 13, 2013 Department: Planning and Development Attachments: Resolution No. 4905 Res. Exhibit A - Interlocal Agreement ILA Exhibit A - Map Budget Impact: N/A Administrative Recommendation: City Council to introduce and adopt Resolution No. 4905, an Interlocal Agreement between King County, King County Flood Control Zone District and City of Auburn for Conveyance of Easements related to the District’s Reddington Levee Setback and Extension Project. History/background Planning & Community Development Committee At the January 14, 2013 Planning & Community Development (PCD) Committee meeting, the staff of the City Legal, Parks, Public Works, and Planning Departments provided a briefing on the King County Flood Control Zone District’s Reddington Levee Setback and Extension Project planned for construction in 2013. The discussion focused on the 6 City actions that are required for this King County project. In short, these 6 actions include: 1) Comprehensive Plan Map Amendment of storm utility property to change the designation from “Public and Quasi-Public” to “Moderate Density Residential”. Approved by Ordinance No. 6440, December 17, 2012. 2) Rezoning of storm utility property to change from “P1, Public” to “RMHC, Residential Mobile Home Community”. A public hearing on the rezone was held January 23, 2013 and the City Council is scheduled to consider Ordinance No. 6453 February 19, 2013. 3) Purchase and Sale Agreement to sell a portion of city owned property to an adjacent property owner. The City Council is scheduled to consider Resolution No. 4901, February 19, 2013. 4) Conversion of 2.99 acres of Brannan Park for Levee construction and replacement of area within a portion of storm utility property to satisfy state and federal grants. The City Council is scheduled to consider Resolution No. 4900, February 19, 2013 for surplusing storm utility owned property for replacement park land. 5) City permits and approval for Levee construction were applied for by King County on January 21, 2013 and are under review. Reviewed by Council & Committees: Reviewed by Departments & Divisions: Arts Commission COUNCIL COMMITTEES: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Services Finance Parks Human Services Planning & D Fire Planning Park Board Public Works Legal Police Planning Comm. Other Public Works Human Resources Action: Committee Approval: Yes No Council Approval: Yes No Call for Public Hearing ___/___/____ Referred to _________________________________ Until ____/___/____ Tabled ______________________________________ Until ___/___/____ Councilmember: Backus Staff: Snyder RES.C Page 192 of 436 Agenda Subject: Resolution No. 4905 Interlocal Agreement between King County, King County Flood Control District and City of Auburn) Date: February 13, 2013 Meeting Date: February 19, 2013 Item Number: 6) 3-party Interlocal Agreement for conveyance of easements on city properties for levee construction. The City Council is scheduled to consider Resolution No. 4905, February 19, 2013. Also provided at the Committee meeting were: * An aerial photo map of Reddington Levee Setback and Extension Project – Phases I and 2 * Proposed schedule of City actions The schedule showed a proposal of bringing the ordinance and the resolutions for consideration at the February 19th City Council meeting. On February 11, 2013, the Planning & Community Development (PCD) Committee recommended approval of Resolution No. 4905 to the City Council. Public Works Committee A briefing similar to the January 14, 2013 Planning & Community Development (PCD) Committee meeting was provided at the January 22, 2013 Public Works Committee meeting. 3-Party Interlocal Agreement for Conveyance of Easements Resolution No. 4905 and its Exhibit A, the 3-party Interlocal Agreement (ILA), were prepared to facilitate the transfer of easements on 7 City-owned properties for the future construction of the Reddington Levee Setback and Extension Project. The acquisition of easements on City properties by the King County Flood Control Zone District and King County will allow for the construction, operation and permanent maintenance of the Reddington Levee Project. The City prepared a draft interlocal agreement and upon review of the draft by the District, it was determined that the agreement also needed to involve King County. The Agreement sets forth the conditions under which the City will convey non-exclusive easements to the District in support of the Project. The three main elements of the agreement are: 1. Compensation to the City for approx. 10.77 acres of encumbrances to two Auburn Storm Utility-owned properties (a.k.a. Crista Ministries property and Bioswale tract property), including functional equivalent replacement of the Brannan Park storm drainage bio- filtration swale. 2. City park land replacement by the District to satisfy the Washington State Recreation and Conservation Office (RCO) historic grant obligations associated with the original acquisition of Brannan Park for the approximately 2.99 acres of passive recreation area which will be lost at Brannan Park due to the Levee. 3. Trail improvements by the District concurrent with the levee construction so that the top of the levee meets King County's multi-use paved trail specifications and the trail is consistent with the overall design of the Green River Trail. The trail shall contain a minimum of three separate pedestrian access points that conform to the slope requirements of the Americans with Disabilities Act (ADA). Please note that this trail is currently planned for construction in Phase 1 of the Levee Project only. The City through the agreement is seeking authorization to construct, if it so chooses, a temporary trail on King County controlled property in the Phase 2 alignment. The replacement of the functional equivalent of the bio-filtration swale and the replacement of park land (“RCO conversion”) is anticipated to be located on the Storm Utility-owned property formerly known as the “Crista Ministries Property” (Parcel No. 0004000098). The approximately 31.5-acre Crista Ministries Property was originally purchased to implement long-term recommendations in the 1991 Comprehensive RES.C Page 193 of 436 Agenda Subject: Resolution No. 4905 Interlocal Agreement between King County, King County Flood Control District and City of Auburn) Date: February 13, 2013 Drainage Plan. The subsequent adoption of the 2009 Comprehensive Stormwater Drainage Plan identified that the entire property was no longer needed for storm drainage related purposes, so surplusing portions of the property is desirable to compensate the Storm Utility for a portion of the initial purchase. A public hearing must be conducted in order to surplus a portion of the property. The parcel is mostly undeveloped, except for the overhead electrical transmission lines on lattice towers (Bonneville Power Administration), an underground water transmission pipeline (Tacoma Pipeline No. 5) and city-owned storm drainage ponds (associated with the Riverpointe subdivision) and naturally occurring wetlands. King County has recently been advised by a federal agency decision with authority for permits/approval necessary for the Reddington Levee and Extension Project, that Phase 1 of the Project may have to be further divided in two component parts for the review/approval process and construction. The division coincides with the portion of the Project that involves setting back the Levee and the portion that involves extension of the Levee. The extension portion of the Project is likely to be subject to a more complex review/approval process by the Federal Agency. RES.C Page 194 of 436 RESOLUTION NO 4 9 0 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT AMONG THE CITY OF AUBURN, KING COUNTY, AND THE KING COUNTY FLOOD CONTROL ZONE DISTRICT FOR EASEMENTS ASSOCIATED WITH THE REDDINGTON LEVEE EXTENSION AND SETBACK PROJECT WHEREAS, the King County Flood Control Zone District ("District') and King County ("County') are each authorized to provide flood control improvements and flood protection services throughout the geographic area of King County; and WHEREAS, the Reddington Levee Extension and Setback Project will address significant flood risks to people, property and infrastructure within the City and assist the City in providing important flood protection measures to its citizens; and WHEREAS, the City, the County, and the District desire to work cooperatively to bring about the successful completion of the Reddington Levee Extension and Setback Project in a timely and efficient manner 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 an Interlocal Agreement between the City, King County, and the King County Flood Control District for conveyance of easements on City properties for the purpose of facilitating the construction, operation, maintenance and repair of the Reddington Levee Extension and Setback Project, which agreement shall be in substantial conformity with the agreement attached hereto as Exhibit A and incorporated herein by this reference. Resolution No. 4905 February 5, 2013 Page 1 of 3RES.C Page 195 of 436 r 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 2013. CITY OF AUBURN PETER B. LEWIS, MAYOR ATTEST Danielle E. Daskam, City Clerk APPROVED AST FORM: DarW61 B. Heid, ity Attorn y Resolution No. 4905 February 5, 2013 Page 2 of 3RES.C Page 196 of 436 Exhibit A— City of Auburn, King County Flood Control Zone District Interlocal Agreement for Conveyance of Easements Associated with the Reddington Extension and Setback Project Resolution No. 4905 February 5, 2013 Page 3 of 3RES.C Page 197 of 436 CITY OF AUBURN, KING COUNTY, AND KING COUNTY FLOOD CONTROL ZONE DISTRICT INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS Draft Date 01.11.13 Page 1 of 10 CITY OF AUBURN, KING COUNTY AND KING COUNTY FLOOD CONTROL ZONE DISTRICT INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS ASSOCIATED WITH THE REDDINGTON LEVEE EXTENSION AND SETBACK PROJECT THIS INTERLOCAL AGREEMENT made and entered into, pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the day of ______________,2013, by and among the City of Auburn, a municipal corporation of the State of Washington (hereinafter referred to as the “City”), the King County Flood Control Zone District, a quasi-municipal corporation of the State of Washington (“KC Flood District”) and King County, a political subdivision of the State of Washington (“King County”), as Service Provider to the KC Flood District, under a separate interlocal agreement by and between King County and the KC Flood District. The term “District” shall hereinafter refer to both King County and the KC Flood District collectively; otherwise KC Flood District or King County shall refer to each in their separate capacity. WITNESSETH: WHEREAS, the KC Flood District and King County are each authorized to provide flood control improvements and flood protection services throughout the geographic area of King County; and WHEREAS, both the KC Flood District and King County have adopted the 2006 King County Flood Hazard Management Plan, and the Plan recommends a project to set back and extend the Reddington Levee, to be located on the left bank (West) of the Green River in the City, between 26th Street NE and S 277th Street (“Reddington Levee Project”) ; and WHEREAS, the Reddington Levee Project will address significant flood risks to people, property and infrastructure within the City and assist the City in providing important flood protection measures to its citizens; and WHEREAS, the City holds title to properties, in which the District has the need to acquire interests to allow for the construction, operation and maintenance of the Reddington Levee Project; WHEREAS, in accordance with the terms of this Agreement, the City is agreeable to conveying the property interests on the lands it holds title to for the purposes of facilitating the construction, operation, maintenance and repair of the Reddington Levee Project ; and WHEREAS, the City and the District desire to work cooperatively to bring about the successful completion of the Reddington Levee Project in a timely and efficient manner; RES.C Page 198 of 436 CITY OF AUBURN, KING COUNTY, AND KING COUNTY FLOOD CONTROL ZONE DISTRICT INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS Draft Date 01.11.13 Page 2 of 10 NOW THEREFORE in consideration of their mutual covenants, conditions and promises, THE PARTIES HERETO DO HEREBY AGREE as follows: 1. Purpose of the Agreement. The purpose of this Agreement is to set forth the conditions under which the City will convey non-exclusive easements to the District in support of the District’s Reddington Levee Project. 2. Background. The District is requesting non-exclusive easement rights to 22.9 acres on seven (7) City- owned parcels for the construction of the District's Reddington Levee Project. The District is proposing to construct the Reddington Levee Project in two phases. Phase 1 is proposed to extend from within the City's Brannan Park (Generally, 26th ST NE) north to the north boundary of the plat of Auburn 40 (a.k.a. plat of Monterey Park) and for this phase construction is anticipated to begin in 2013. Phase 2 is proposed to extend from the northern terminus of Phase 1, north to S. 277th Street. The funding and timing of Phase 2 has not yet been determined. This Agreement is intended to address obligations and responsibilities related to both phases of the Reddington Levee Project. 3. Administration. a. No new entity is created by this Agreement. b. The City and King County shall each appoint a representative to manage activities covered under this Agreement and to work to resolve any conflicts that arise ("Administrators"). The Administrators shall meet as needed. Either Administrator is authorized to convene a meeting with a minimum of seven calendar days written notice to the other, if an in-person meeting is warranted. If a conference phone call is appropriate, it shall be convened with the same written notice and timing. c. Any conflict that is not resolved by the Administrators within ten working days of the meeting or conference held to discuss the conflict shall be referred for resolution to the City’s Assistant Director of Public Works/City Engineer, or his/her designee, and the King County Division Director of the Water and Land Resources Division. If the conflict cannot be resolved by the City’s Assistant Director of Public Works/City Engineer, or his/her designee, and the Division Director of Water and Land Resources Division, it shall be resolved by the City’s Director of Public Works, or his/her designee, and the Director of the Department of Natural Resources and Parks of King County. 4. City's Obligations: a. The City agrees to provide the District with easements in accordance with the compensation and consideration described below on the following parcels and as shown on the map at Exhibit A: RES.C Page 199 of 436 CITY OF AUBURN, KING COUNTY, AND KING COUNTY FLOOD CONTROL ZONE DISTRICT INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS Draft Date 01.11.13 Page 3 of 10 City-Owned Parcels Easement Acreage Reddington Levee Setback and Extension Phase 1 1 Former Crista Ministries, Parcel #0004000098 6.92 2 StormWater Facility - Bioswale Tract, Parcel #7338001230 3.85 3 Brannan Park, Parcel #0001000081 2.99 4 Riverpoint Plat Park- Tract “D,” Parcel #7338221190 3.50 5 Auburn 40 Plat Park – Tract “E,” Parcel #0301402420 3.25 Reddington Levee Setback and Extension Phase 2 6 Trail Run Plat Park - Tract “O,” Parcel #8669180500 0.92 7 Trail Run Plat Park -Tract “P,” Parcel #8669180500 1.47 Total 22.90 5. District's Obligations: a. City Stormwater Utility (Enterprise Fund) Land (1) The District shall pay the City the sum of One Hundred Forty Two Thousand, Five Hundred Eleven Dollars and No Cents ($142,511.00) for the 10.77 acres of easement encumbrances on the City stormwater-utility owned, former Crista Ministries Parcel (Parcel #0004000098, 6.92 acres), and the Stormwater Facility- Bioswale Tract (Parcel #733001230, 3.85 acres). (2) In addition, the District will be responsible for replacing the equivalent functionality of the existing bioswale located on Parcel #7338001230, hereafter referred to as “stormwater quality swale” or “swale”. The replacement facility shall be on the landward side of the Levee. The District’s responsibility shall include all necessary land use or construction permitting, design, construction, inspection, and one year of post-construction performance monitoring, so that there will be no additional expense to the City on this item. The District's replacement of the swale shall include the following: (i) Be completed in general conformance with the City's Public Facility Extension (FAC) process. (ii) “Equivalent functionality” shall mean that the swale has a similar length, cross- section and hydraulic characteristics (travel time and flow depth) as the design of the existing water quality treatment facility shown on Auburn’s construction drawings for project number C8049A, which provides treatment for flow rates up to 7.7 cfs and accommodates a discharge conveyance capacity of 25 cfs from the existing Brannan Park Storm Drainage pump station. The parties agree that the new swale and associated pipes will be designed to treat 7.7 cfs of flow and accommodate a discharge from the pump station at a flow rate of 15 cfs, provided the pump station can be modified to discharge an additional 10 cfs of flow directly to the river in a manner acceptable to the City. City and King County staff may agree to alternative or additional equivalent functionality RES.C Page 200 of 436 CITY OF AUBURN, KING COUNTY, AND KING COUNTY FLOOD CONTROL ZONE DISTRICT INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS Draft Date 01.11.13 Page 4 of 10 criteria. (iii) The City shall have the opportunity to review and comment on the plans developed by t he District for the swale replacement prior to finalization, permitting and approval. The District shall cooperate and work to incorporate City’s comments prior to finalization, permitting and approval. Additionally, the City shall have the opportunity to inspect the construction and provide comments. (iv) The District shall sequence its project activities to ensure that the full equivalent functionality of the existing bioswale is in place by October 1, 2013. The District may install temporary measures; however, treatment functionality must be maintained throughout construction. b. Parkland Washington State Recreation and Conservation Office (RCO) Conversion (1) The District shall fully fund the City's obligation to satisfy the RCO conversion requirements for the 2.99 acres at Brannan Park (Parcel #0001000081) and shall work with the City to replace the Brannan Park acres with 2.99 acres at another location acceptable to the City. (2) The City and King County shall determine whether any proposed replacement property is "available and in an acceptable location and configuration" using the following process: The City and King County shall cooperate to determine suitable areas based on areas not needed for replacement of the River Mobile Home Park due to Reddington Levee Project displacement, and based on existing easements and restrictions and existing stormwater facilities affecting the former Crista Ministries parcel. The potential for relocating any existing easements and restrictions or existing stormwater facilities currently affecting the former Crista Ministries parcel may also be evaluated and accomplished by King County. The location and configuration of the replacement City park land shall be determined in consultation with the City Director of Parks, Arts and Recreation. The City shall initiate and process a boundary line adjustment or other land use process through the City's development review to transfer ownership of the property from City’s stormwater utility to the City’s general fund. (3) If property on the former Crista Ministries site is available to satisfy the conversion, the District shall fund all City costs associated with converting the stormwater property including but not limited to: (i) Conduct a new appraisal (under the process described in (4) below), (ii) Perform the process required for any boundary line adjustment, if needed, and (iii) Negotiate and complete title work and petition process with RCO. In the event that the former Crista Ministries site is not available or acceptable, then the parties will seek a mutually agreeable solution to replace the Brannan Park Property. RES.C Page 201 of 436 CITY OF AUBURN, KING COUNTY, AND KING COUNTY FLOOD CONTROL ZONE DISTRICT INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS Draft Date 01.11.13 Page 5 of 10 (4) If the District acquires the former Crista Ministries property, it shall pay the City the fair market value as determined using the following process: The District shall, at its sole expense, obtain an appraisal. If the City disagrees with the appraisal, it may hire its own appraiser at its own expense. If the two appraisals are within 10 percent of each other, the parties agree to split the difference between the two appraisals. If they are not within 10 percent, each appraiser will jointly select a third appraiser, whose appraisal value shall be the final value used and whose appraisal preparation cost shall be split equally between the City and District. c. Trail Improvements. (1) As consideration for lost park land from the City's park resources, the District shall, at its sole expense, design and construct a paved trail on the entire length of the Phase 1 of the Reddington Levee Project, so that the top of the levee meets King County's multi-use paved trail specifications and so that the trail is consistent with the design of the Green River Trail. After construction, the trail shall become part of the County’s regional Trail System, and the County shall be responsible for the operation and maintenance of the trail. The trail shall contain a minimum of three separate public access points that conform to the slope requirements of the Americans with Disabilities Act (ADA), as mutually agreed upon by the City and District, with the purpose of allowing the public to access the trail at the top of the levee from current or planned public roads or trails within the immediate vicinity of the Reddington Levee Project. In the event that the configuration of the Reddington Levee Project generates the need for the trail to be utilized by the City to access its utility facilities, then the parties will seek a mutually agreeable solution for such access including the creation or addition of access points from the trail or from other locations to said facilities, subject to approval of King County Parks. (2) If the District constructs Phase 2 of the Reddington Levee Project, the District agrees to pave, at its sole expense, the top of the Phase 2 levee to the same specifications stated in Section 5c(1) above for use as a recreational trail. (3) The City agrees to convey, at no additional cost to the District, except for the consideration specified in Section 5.a., easements to the District over the City-owned parcels necessary for the District to complete the District's Reddington Levee Project and to complete said trail improvements. (4) If and when the District constructs Phase 2 of the Reddington Levee Project, the City will convey easements for the Reddington Levee Project needed from Trail Run Plat Park - Tracts "0” and "P," when the District has a confirmed date to begin Phase 2 construction. (5) For each phase of the Project, the City will retain rights to the levee top trail over city owned property and for accessing the levee trail at a minimum of three (3) mutually agreed upon selected points along the trail and retain rights for pedestrian and hand- carry boat access to the water of the Green River. Easement locations will be RES.C Page 202 of 436 CITY OF AUBURN, KING COUNTY, AND KING COUNTY FLOOD CONTROL ZONE DISTRICT INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS Draft Date 01.11.13 Page 6 of 10 coordinated by the District during the design phase prior to construction with City and King County Parks approval of final levee plans that illustrate public access points. (6) The District agrees to exercise its best efforts in helping the City acquire rights in real property that would allow the City, at its sole expense, to construct a temporary trail on District or other property for the purposes of connecting the north end of the Phase 1 trail to the public trail along 277th Street. To the extent that King County has or obtains real property interests in the location of such proposed temporary trail, King County agrees to undertake a good faith effort to convey to the City rights sufficient to allow the construction and maintenance of such temporary trail. If Phase 2 of the Reddington Levee Project is not constructed, the Parties will work towards finding a means that would allow the public to continue use of the temporary trail. If Phase 2 of the Reddington Project is constructed, the Parties agree that such rights of the City referred to in this subsection 6 shall terminate upon construction of a connecting trail as part of Phase 2 of the Project or upon District construction of the regional trail segment. 6. Preparation and recording of easements. a. The District will prepare drafts of all easement documents in a form acceptable to the City. b. The District will be responsible for recording all easements, and for providing copies to the City. 7. Indemnification. The City and the District agree that each shall indemnify and hold the other party and its agents, employees, and/or officers, harmless from and shall process and defend at its own expense any and all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or nature, brought against the indemnified party arising out of, in connection with, or incident to the execution of this Agreement and/or the indemnifying party’s performance or failure to perform any aspect of this Agreement; provided, however, that if such claims are caused by or result from the concurrent negligence of the indemnified party, its agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the indemnifying party; and provided further, that nothing herein shall require the indemnifying party to hold harmless or defend the indemnified party, its agents, employees and/or officers from any claims arising from the sole negligence of the indemnified part, its agents, employees, and/or officers. No liability shall attach to any party by reason of entering into this Agreement except as expressly provided herein. This Agreement and any activities authorized hereunder shall not be construed as granting any rights or privileges to any third person or entity, or as a guarantee or warranty of protection from flooding or flood damage to any person, entity or property, and nothing contained herein shall be construed as waiving any immunity to liability by the City, King County, and/or the KC Flood District, granted under state statute, including Chapters 86.12 and 86.15 of the Revised Code of Washington (RCW), or as otherwise granted or provided for by law. RES.C Page 203 of 436 CITY OF AUBURN, KING COUNTY, AND KING COUNTY FLOOD CONTROL ZONE DISTRICT INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS Draft Date 01.11.13 Page 7 of 10 8. Waiver of Subrogation. The parties hereby mutually release each other from liability and waive all right of recovery against each other for any loss caused by fire or other perils which can be insured against under fire insurance contracts including any extended coverage endorsements thereto which are customarily available from time to time in the State of Washington, provided, that this paragraph shall be inapplicable to the extent that it would have the effect of invalidating any insurance coverage of any party. 9. Compliance with rules and regulations The parties shall comply with all applicable rules and regulations pertaining to them in connection with the matters covered herein. 10. Assignment The parties shall not assign this Agreement or any interest, obligation or duty therein without the express written consent of the other parties. 11. Attorney’s 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 another party with respect to this Agreement, and in the further event that one or more parties 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 or parties’ 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. NOTICES All notices and payments hereunder may be delivered or mailed. If mailed, they shall be sent to the following respective addresses: To King County:: Christie True, Director, King County DNRP 201 S Jackson Street, Suite 700 Seattle, WA 98104-3855 To the City: Dennis Selle, Asst. Public Works Director/City Engineer 25 W. Main Street Auburn, WA 98001 To the KC Flood District: Kjris Lund Executive Director 516 Third Avenue Room 1200 Seattle, WA 98104 RES.C Page 204 of 436 CITY OF AUBURN, KING COUNTY, AND KING COUNTY FLOOD CONTROL ZONE DISTRICT INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS Draft Date 01.11.13 Page 8 of 10 or to such other respective addresses as any party hereto may hereafter from time to time designate in writing. 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 day next 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. Notices may be provided by electronic mail, and shall be considered to have been given on the day after the electronic mail message is sent. 13. NONDISCRIMINATION Each of the parties, for itself, its heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or the presence of any sensory, mental or physical handicap be discriminated against or receive discriminatory treatment by reason thereof. 14. MISCELLANEOUS a. All of the covenants, conditions and agreements in this Agreement shall extend to and bind the legal successors and assigns of the parties hereto b. This Agreement shall be deemed to be made and construed in accordance with the laws of the State of Washington. Jurisdiction and venue for any action arising out of this Agreement shall be in accordance with RCW 36.01.050. c. The captions in this Agreement are for convenience only and do not in any way limit or amplify the provisions of this Agreement. d. The duration of this Agreement shall extend until the completion of the construction of Phase 2 of the Reddington Levee Project. Notwithstanding the preceding sentence, in the event that the parties mutually agree in writing after construction of Phase 1 of the Reddington Levee Project that the construction of Phase 2 of the Reddington Levee Project should be postponed indefinitely, then this Agreement shall terminate upon the date of the execution of such writing. e. The performances of the duties of the parties provided hereby shall be done in accordance with standard operating procedures and customary practices of the parties. f. Unless otherwise specifically provided herein, any real property to be held in connection herewith, if applicable, shall be held as the separate property of the party or parties in whose name(s) the property is/was acquired. g. No provision of this Agreement shall relieve any party of its public agency obligations and or responsibilities imposed by law. h. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held to be invalid or unenforceable by a final decision of any court having jurisdiction on the matter, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and shall RES.C Page 205 of 436 CITY OF AUBURN, KING COUNTY, AND KING COUNTY FLOOD CONTROL ZONE DISTRICT INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS Draft Date 01.11.13 Page 9 of 10 continue in full force and effect, unless such court determines that such invalidity or unenforceability materially interferes with or defeats the purposes hereof, at which time either party shall have the right to terminate the Agreement. i. This Agreement constitutes the entire agreement among the parties. There are no terms, obligations, covenants or conditions other than those contained herein. No modifications or amendments of this Agreement shall be valid or effective unless evidenced by an agreement in writing signed by all of the parties. j. Pursuant to RCW 39.34.040, a copy of this Agreement shall be filed with the Auburn City Clerk, recorded with the King County Auditor, or made available on the City or County web sites, in the sole discretion of the Parties. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. KING COUNTY CITY OF AUBURN By: __________________________________ ____________________________________ Peter B. Lewis, Mayor Its: __________________________________ Attest:_______________________________ Danielle Daskam, City Clerk Approved as to form: _____________________________________ ____________________________________ Deputy Prosecuting Attorney Daniel B. Heid, City Attorney KING COUNTY FLOOD CONTROL ZONE DISTRICT By:_______________________________ Its:__________________________________ Approved as to form: ____________________________________ Attorney for KC Flood District RES.C Page 206 of 436 CITY OF AUBURN, KING COUNTY, AND KING COUNTY FLOOD CONTROL ZONE DISTRICT INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS Draft Date 01.11.13 Page 10 of 10 EXHIBIT A MAP RES.C Page 207 of 436 Proposed Construction Easement for Tacoma Water 2nd Supply Pipeline Tacoma Water Supply Pipeline No. 5 Easement BPA Easement Brannan Park Brannan Park Stormwater Pump Station 30th Street NE 26th Street NE 37th Street NE Auburn Municipal Airport Isaac Evans Park Auburn Regional Golf Course Auburn 40 Plat (Monterey Park Dev.) La b r a d o r Pr o p e r t y River Mobile Estates City of Auburn Property (former Crista Property) Riverpointe Development Riverpark Estates Development Trail Run Plat (River Sand Dev.) Port of Seattle Wetland Mitigation Site Gre e n R i v e r R o a d S E Gr e e n R i v e r R o a d S E RM 29.5RM 29.5 RM 28.5RM 28.5 RM 28.0RM 28.0 RM 27.5RM 27.5 RM 29.0RM 29.0 G r e e n R i v e r G r e e n R i v e r Gree n R i v e r Gree n R i v e r Gr e e n R i v e r Gr e e n R i v e r M S t r e e t N E C S t r e e t N E Au b r u n W a y N . A u b r u n W a y N . EXISTING LEVEE PROPOSED LEVEE ALIGNMENTWestport Capital Property PROPOSED LEVEE Levee Footprint Levee Crest 500’500’0 Legend Minor Contours - 2 foot River Mile Marker and Number Parcel Boundaries Utility Easements Railroad Major Contours - 10 foot 5.1 MR Edge of Pavement Structures Edge of Water Maintenance Access Zone Reddington Levee Setback and Extension PROPOSED LEVEE ALIGNMENT 13 5 - 1 2 5 3 9 - 1 0 0 0 1 - 0 6 / F i g 3 - 1 _ F I N A L _ B a s e M a p a n d P r o p o s e d A l i g n m e n t . a i R e v i d e d f i l e n a m e : 1 2 0 4 _ 2 4 6 0 m _ R e d d i n g t o n R e v 3 _ C S 4 . a i RES.C Page 208 of 436 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4906 Date: February 6, 2013 Department: Public Works Attachments: Res 4906 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4906. Background Summary: EQUIPMENT RENTAL DIVISION: The following police patrol vehicles have reached the end of the replacement cycle and their useful life. Replacements have been purchased and are now in service. P018D - 2008 Ford Crown Victoria - VIN: 2FAFP71V48X100243 Fixed Asset No. 55000 P018D P030H - 2008 Ford Crown Victoria - VIN: 2FAFP71V38X160188 Fixed Asset No. 55000 P030H P070A - 2007 Ford Crown Victoria - VIN: 2FAFP71W57X136174 Fixed Asset No. 55000 P070A P048C - 1999 Ford Crown Victoria - VIN: 2FAFP71W1XX185291 Fixed Asset No. 55000 P048C The following vehicle was in an accident in December of 2012 and has been declared a total loss. Pemco Insurance has agreed to a settlement. 6207A - 2008 Ford Escape - VIN: 1FMCU92Z98KD75527 Fixed Asset no. 55000 6207A Reviewed by Council Committees: Finance, Public Works Councilmember:Partridge Staff:Dowdy Meeting Date:February 19, 2013 Item Number:RES.D AUBURN * MORE THAN YOU IMAGINEDRES.D Page 209 of 436 RESOLUTION NO 4 9 0 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DECLARING CERTAIN ITEMS OF PROPERTY AS SURPLUS AND AUTHORIZING THEIR DISPOSAL WHEREAS, the City of Auburn has a number of items which are no longer of use to the City; and WHEREAS, it would be appropriate to surplus the property and dispose of it by auction or other sale mechanism, or to dispose of it, in whole or in part, through gift to another governmental agency or an appropriate charitable non- profit entity, as deemed most expedient by the Mayor NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON HEREBY RESOLVES as follows. Section 1. Purpose. That the property identified below is declared to be surplus, and the Mayor is authorized to dispose of and convey such property through appropriate sale or donation to another governmental agency or charitable non-profit entity Public Works Department EQUIPMENT RENTAL DIVISION: The following police patrol vehicles have reached the end of the replacement cycle and their useful life. Replacements have been purchased and are now in service. Resolution No. 4906 February 4, 2013 Page 1 of 2 RES.D Page 210 of 436 P01 8D — 2008 Ford Crown Victoria —VIN: 2FAFP71V48X100243 Fixed Asset No 55000 P01 8D P030H — 2008 Ford Crown Victoria —VIN: 2FAFP71 V38X160188 Fixed Asset No. 55000 P030H P070A— 2007 Ford Crown Victoria —VIN: 2FAFP71 W57X136174 Fixed Asset No. 55000 P070A P048C — 1999 Ford Crown Victoria — VIN 2FAFP71W1XX185291 Fixed Asset No. 55000 P048C The following vehicle was in an accident in December of 2012 and has been declared a total loss. Pemco Insurance has agreed to a settlement. 6207A—2008 Ford Escape —VIN: 1 FMCU92Z98KD75527 Fixed Asset no 55000 6207A Section 2. Implementation. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. Effective Date. 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 ATTEST MAYOR Danielle E. Daskam, City Clerk AP D T F R Daniel B Heid, City Attorn Resolution No. 4906 February 4, 2013 Page 2 of 2 RES.D Page 211 of 436 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4907 Date: February 12, 2013 Department: Finance Attachments: Res 4907 Exhibit A Budget Impact: $0 Administrative Recommendation: City Council approve Resolution No. 4907 Background Summary: King County cities (except Seattle and Milton) contract with King County to provide solid waste transfer and disposal services. The current King County Solid Waste Interlocal Agreement (ILA) expires in 2028. In 2007, King County adopted the Solid Waste Transfer and Waste Export System Plan (The Plan) that identified the need for rebuilding/replacing the existing transfer stations that were built in the 1960s. Implementation of The Plan resulted in discussions between King County and the cities regarding the need to extend the current ILA to allow King County to finance the construction of the transfer stations with long-term bonds. Staff from King County Solid Waste, the King County Executive's Office, Sound Cities Association, and select cities negotiated an "Amended and Restated Solid Waste Interlocal Agreement" that extends the ILA to 2040. The revised agreement also updates liability language to protect the City's general fund, expands the participating cities' roles in system planning, clarifies the dispute resolution process, includes mitigation, and provides a process to address the future system once the Cedar Hills Landfill closes. Reviewed by Council Committees: Municipal Services, Planning And Community Development, Public Works Councilmember:Peloza Staff:Coleman Meeting Date:February 19, 2013 Item Number:RES.E AUBURN * MORE THAN YOU IMAGINEDRES.E Page 212 of 436 RESOLUTION NO. 4 9 0 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND KING COUNTY FOR SOLID WASTE MANAGEMENT WHEREAS, The City of Auburn ("City") and King County ("County") entered into an Interlocal Agreement in 1988 ("Original Agreement'), to cooperatively manage solid waste and to periodically update the King County Comprehensive Solid Waste Management Plan; and WHEREAS, The County and Cities participating in the System have worked collaboratively for several years to develop a plan for the replacement or upgrading of a series of transfer stations, and, WHEREAS, The Parties have determined that the extension of the term of the Original Agreement by twelve (12) years is appropriate in order to facilitate the long- term financing of transfer station improvements and to mitigate rate impacts of such financing; and WHEREAS, it is in the public interest for the parties to enter into an agreement to extend the Original Agreement. 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 an Amended and Restated Interlocal Agreement between the City and King County for Solid Waste Management, which agreement shall be in substantial conformity with the agreement attached hereto as Exhibit A and incorporated herein by this reference. Resolution No 4907 February 4, 2013 Page 1 of 2RES.E Page 213 of 436 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 2013 CITY OF AUBURN PETER B LEWIS, MAYOR ATTEST Danielle E. Daskam, City Clerk APPROVED A.$ TO FORM: D el B. Heid, y Attorney Resolution No. 4907 February 4, 2013 Page 2 of 2RES.E Page 214 of 436 Exhibit A RES.E Page 215 of 436 - 1 - AMENDED AND RESTATED SOLID WASTE INTERLOCAL AGREEMENT This Amended and Restated Solid Waste Interlocal Agreement (“Agreement”) is entered into between King County, a political subdivision of the State of Washington and the City of , a municipal corporation of the State of Washington, hereinafter referred to as "County" and "City" respectively. Collectively, the County and the City are referred to as the “Parties.” This Agreement has been authorized by the legislative body of each jurisdiction pursuant to formal action as designated below: King County: Ordinance No. __________ City: ________________________________________________ PREAMBLE A. This Agreement is entered into pursuant to chapter 39.34 RCW for the purpose of extending, restating and amending the Solid Waste Interlocal Agreement between the Parties originally entered into in ____ (the “Original Agreement”). The Original Agreement provided for the cooperative management of Solid Waste in King County for a term of forty (40) years, through June 30, 2028. The Original Agreement is superseded by this Amended and Restated Agreement, as of the effective date of this Agreement. This Amended and Restated Agreement is effective for an additional twelve (12) years through December 31, 2040. B. The Parties intend to continue to cooperatively manage Solid Waste and to work collaboratively to maintain and periodically update the existing King County RES.E Page 216 of 436 - 2 - Comprehensive Solid Waste Management Plan (Comprehensive Plan) adopted pursuant to chapter 70.95 RCW. C. The Parties continue to support the established goals of Waste Prevention and Recycling as incorporated in the Comprehensive Solid Waste Management Plan, and to meet or surpass applicable environmental standards with regard to the Solid Waste System. D. The County and the Cities agree that System-related costs, including environmental liabilities, should be funded by System revenues which include but are not limited to insurance proceeds, grants and rates; E. The County, as the service provider, is in the best position to steward funds System revenues that the County and the Cities intend to be available to pay for environmental liabilities; and F. The County and the Cities recognize that at the time this Agreement goes into effect, it is impossible to know what the ultimate environmental liabilities could be; nevertheless, the County and the Cities wish to designate in this Agreement a protocol for the designation and distribution of funding for potential future environmental liabilities in order to protect the general funds of the County and the Cities. G. The County began renting the Cedar Hills Landfill from the State of Washington in 1960 and began using it for Disposal of Solid Waste in 1964. The County acquired ownership of the Cedar Hills Landfill from the State in 1992. The Cedar Hills Landfill remains an asset owned by the County. H. The Parties expect that the Cedar Hills Landfill will be at capacity and closed at some date during the term of this Agreement, after which time all Solid Waste under this Agreement will need to be disposed of through alternate means, as determined by the RES.E Page 217 of 436 - 3 - Cities and the County through amendments to the Comprehensive Solid Waste Management Plan. The County currently estimates the useful life of the Cedar Hills Landfill will extend through 2025. It is possible that this useful life could be extended, or shortened, by System management decisions or factors beyond the control of the Parties. I. The County intends to charge rent for the use of the Cedar Hills Landfill for so long as the System uses this general fund asset and the Parties seek to clarify terms relative to the calculation of the associated rent. J. The County and Cities participating in the System have worked collaboratively for several years to develop a plan for the replacement or upgrading of a series of transfer stations. The Parties acknowledge that these transfer station improvements, as they may be modified from time-to-time, will benefit Cities that are part of the System and the County. The Parties have determined that the extension of the term of the Original Agreement by twelve (12) years as accomplished by this Agreement is appropriate in order to facilitate the long-term financing of transfer station improvements and to mitigate rate impacts of such financing. K. The Parties have further determined that in order to equitably allocate the benefit to all System Users from the transfer station improvements, different customer classes may be established by the County to ensure System Users do not pay a disproportionate share of the cost of these improvements as a result of a decision by a city not to extend the term of the Original Agreement. L. The Parties have further determined it is appropriate to strengthen and formalize the advisory role of the Cities regarding System operations. RES.E Page 218 of 436 - 4 - The Parties agree as follows: I. DEFINITIONS For purposes of this Agreement the following definitions shall apply: “Cedar Hills Landfill” means the landfill owned and operated by the County located in southeast King County. “Cities” refers to all Cities that have signed an Amended and Restated Solid Waste Interlocal Agreement in substantially identical form to this Agreement. "Comprehensive Solid Waste Management Plan" or “Comprehensive Plan” means the Comprehensive Solid Waste Management Plan, as approved and amended from time to time, for the System, as required by chapter 70.95.080 RCW. “County” means King County, a Charter County and political subdivision of the State of Washington. "Disposal" means the final treatment, utilization, processing, deposition, or incineration of Solid Waste but shall not include Waste Prevention or Recycling as defined herein. RES.E Page 219 of 436 - 5 - “Disposal Rates” means the fee charged by the County to System Users to cover all costs of the System consistent with this Agreement, all state, federal and local laws governing solid waste and the Solid Waste Comprehensive Plan. "Divert" means to direct or permit the directing of Solid Waste to Disposal sites other than the Disposal site(s) designated by King County. "Energy/Resource Recovery" means the recovery of energy in a usable form from mass burning or refuse-derived fuel incineration, pyrolysis or any other means of using the heat of combustion of Solid Waste that involves high temperature (above 1,200 degrees F) processing. (chapter 173.350.100 WAC). "Landfill" means a Disposal facility or part of a facility at which Solid Waste is placed in or on land and which is not a land treatment facility. “Metropolitan Solid Waste Advisory Committee” or “MSWAC” means the advisory committee composed of city representatives, established pursuant to Section IX of this Agreement. "Moderate Risk Waste" means waste that is limited to conditionally exempt small quantity generator waste and household hazardous waste as those terms are defined in chapter 173-350 WAC, as amended. RES.E Page 220 of 436 - 6 - “Original Agreement” means the Solid Waste Interlocal Agreement first entered into by and between the Parties, which is amended and restated by this Agreement. “Original Agreements” means collectively all such agreements between Cities and the County in substantially the same form as the Original Agreement. “Parties” means collectively the County and the City or Cities. "Recycling" as defined in chapter 70.95.030 RCW, as amended, means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill Disposal or incineration. “Regional Policy Committee” means the Regional Policy Committee created pursuant to approval of the County voters in 1993, the composition and responsibilities of which are prescribed in King County Charter Section 270 and chapter 1.24 King County Code, as they now exist or hereafter may be amended. "Solid Waste" means all putrescible and nonputrescible solid and semisolid wastes including but not limited to garbage, rubbish, ashes, industrial wastes, swill, commercial waste, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, contaminated soils and contaminated dredged materials, discarded commodities and recyclable materials, but shall not include dangerous, hazardous, or extremely hazardous waste as those terms are defined in chapter 173-303 WAC, as amended; and shall further not include those RES.E Page 221 of 436 - 7 - wastes excluded from the regulations established in chapter 173-350 WAC, more specifically identified in Section 173-350-020 WAC. "Solid Waste Advisory Committee" or "SWAC" means the inter-disciplinary advisory forum or its successor created by the King County Code pursuant to chapter 70.95.165 RCW. “System” includes King County’s Solid Waste facilities used to manage Solid Wastes which includes but is not limited to transfer stations, drop boxes, landfills, recycling systems and facilities, energy and resource recovery facilities and processing facilities as authorized by chapter 36.58.040 RCW and as established pursuant to the approved King County Comprehensive Solid Waste Management Plan. “System User” or “System Users” means Cities and any person utilizing the County’s System for Solid Waste handling, Recycling or Disposal. "Waste Prevention" means reducing the amount or type of waste generated. Waste Prevention shall not include reduction of already-generated waste through energy recovery, incineration, or otherwise. II. PURPOSE The purpose of this Agreement is to foster transparency and cooperation between the Parties and to establish the respective responsibilities of the Parties in a Solid Waste management System, including but not limited to, planning, Waste Prevention, Recycling, and Disposal. . RES.E Page 222 of 436 - 8 - III. DURATION This Agreement shall become effective as of ___________, and shall remain in effect through December 31, 2040. IV. APPROVAL This Agreement will be approved and filed in accordance with chapter 39.34 RCW. V. RENEGOTIATION TO FURTHER EXTEND TERM OF AGREEMENT 5.1 The Parties recognize that System Users benefit from long-term Disposal arrangements, both in terms of predictability of System costs and operations, and the likelihood that more cost competitive rates can be achieved with longer-term Disposal contracts as compared to shorter-term contracts. To that end, at least seven (7) years before the date that the County projects that the Cedar Hills Landfill will close, or prior to the end of this Agreement, whichever is sooner, the County will engage with MSWAC and the Solid Waste Advisory Committee, among others, to seek their advice and input on the Disposal alternatives to be used after closure of the Cedar Hills Landfill, associated changes to the System, estimated costs associated with the recommended Disposal alternatives, and amendments to the Comprehensive Solid Waste Management Plan necessary to support these changes. Concurrently, the Parties will meet to negotiate an extension of the term of the Agreement for the purpose of facilitating the long-term Disposal of Solid Waste after closure of the Cedar Hills Landfill. Nothing in this Agreement shall require the Parties to reach agreement on an extension of the term of this Agreement. If the Parties fail to reach agreement on an extension, the Dispute Resolution provisions of Section XIII do not apply, and this Agreement shall remain unchanged. RES.E Page 223 of 436 - 9 - 5.2 Notwithstanding any other provision in this Agreement to the contrary, the Parties may, pursuant to mutual written agreement, modify or amend any provision of this Agreement at any time during the term of said Agreement. VI. GENERAL OBLIGATIONS OF PARTIES 6.1 King County 6.1.a Management. The County agrees to provide Solid Waste management services, as specified in this Section, for Solid Waste generated and collected within the City, except waste eliminated through Waste Prevention or waste recycling activities. The County agrees to dispose of or designate Disposal sites for all Solid Waste and Moderate Risk Waste generated and/or collected within the corporate limits of the City which is delivered to the System in accordance with all applicable Federal, State and local environmental health laws, rules, or regulations, as those laws are described in Subsection 8.5.a. The County shall maintain records as necessary to fulfill obligations under this Agreement. 6.1.b Planning. The County shall serve as the planning authority for Solid Waste and Moderate Risk Waste under this Agreement but shall not be responsible for planning for any other waste or have any other planning responsibility under this Agreement. 6.1.c Operation. King County shall be or shall designate or authorize the operating authority for transfer, processing and Disposal facilities, including public landfills and other facilities, consistent with the adopted Comprehensive Plan as well as closure and post- closure responsibilities for landfills which are or were operated by the County. RES.E Page 224 of 436 - 10 - 6.1.d Collection Service. The County shall not provide Solid Waste collection services within the corporate limits of the City, unless permitted by law and agreed to by both Parties. 6.1.e Support and Assistance. The County shall provide support and technical assistance to the City consistent with the Comprehensive Solid Waste Management Plan for a Waste Prevention and Recycling program. Such support may include the award of grants to support programs with System benefits. The County shall develop educational materials related to Waste Prevention and Recycling and strategies for maximizing the usefulness of the educational materials and will make these available to the City for its use. Although the County will not be required to provide a particular level of support or fund any City activities related to Waste Prevention and Recycling, the County intends to move forward aggressively to promote Waste Prevention and Recycling. 6.1.f Forecast. The County shall develop Solid Waste stream forecasts in connection with System operations as part of the comprehensive planning process in accordance with Article XI. 6.1.g Facilities and Services. The County shall provide facilities and services pursuant to the Comprehensive Solid Waste Management Plan and the Solid Waste Transfer and Waste Management plan as adopted and County Solid Waste stream forecasts. 6.1.h Financial Policies. The County will maintain financial policies to guide the System’s operations and investments. The policies shall be consistent with this Agreement and shall address debt issuance, rate stabilization, cost containment, reserves, asset ownership and use, and other financial issues. The County shall primarily use long term bonds to finance transfer System improvements. The policies shall be developed and/or revised through RES.E Page 225 of 436 - 11 - discussion with MSWAC, the Regional Policy Committee, the County Executive and the County Council. Such policies shall be codified at the same time as the Comprehensive Plan updates, but may be adopted from time to time as appropriate outside the Comprehensive Plan process. 6.2 City 6.2.a Collection. The City, an entity designated by the City or such other entity as is authorized by state law shall serve as operating authority for Solid Waste collection services provided within the City's corporate limits. 6.2.b Disposal. The City shall cause to be delivered to the County’s System for Disposal all such Solid Waste and Moderate Risk Waste which is authorized to be delivered to the System in accordance with all applicable Federal, State and local environmental health laws, rules or regulations and is generated and/or collected within the corporate limits of the City and shall authorize the County to designate Disposal sites for the Disposal of all such Solid Waste and Moderate Risk Waste generated or collected within the corporate limits of the City, except for Solid Waste which is eliminated through Waste Prevention or waste Recycling activities consistent with the Comprehensive Solid Waste Management Plan. No Solid Waste generated or collected within the City may be Diverted from the designated Disposal sites without County approval. 6.3 JOINT RESPONSIBILITIES. 6.3.a Consistent with the Parties’ overall commitment to ongoing communication and coordination, the Parties will endeavor to notify and coordinate with each other on the development of any City or County plan, facility, contract, dispute, or other Solid Waste issue that could have potential significant impacts on the County, the System, or the City or Cities. RES.E Page 226 of 436 - 12 - 6.3.b The Parties, together with other Cities, will coordinate on the development of emergency plans related to Solid Waste, including but not limited to debris management. VII. COUNTY SHALL SET DISPOSAL RATES AND OPERATING RULES FOR DISPOSAL; USE OF SYSTEM REVENUES 7.1 In establishing Disposal Rates for System Users, the County shall consult with MSWAC consistent with Section IX. The County may adopt and amend by ordinance rates necessary to recover all costs of the System including but not limited to operations and maintenance, costs for handling, processing and Disposal of Solid Waste, siting, design and construction of facility upgrades or new facilities, Recycling, education and mitigation, planning, Waste Prevention, reserve funds, financing, defense and payment of claims, insurance, System liabilities including environmental releases, monitoring and closure of landfills which are or were operated by the County, property acquisition, grants to cities, and administrative functions necessary to support the System and Solid Waste handling services during emergencies as established by local, state and federal agencies or for any other lawful solid waste purpose, and in accordance with chapter 43.09.210 RCW. Revenues from Disposal rates shall be used only for such purposes. The County shall establish classes of customers for Solid Waste management services and by ordinance shall establish rates for classes of customers. 7.2. It is understood and agreed that System costs include payments to the County general fund for Disposal of Solid Waste at the Cedar Hills Landfill calculated in accordance with this Section 7.2, and that such rental payments shall be established based on use valuations provided to the County by an independent-third party Member, Appraisal Institute (MAI) certified appraiser selected by the County in consultation with MSWAC. RES.E Page 227 of 436 - 13 - 7.2.a A use valuation shall be prepared consistent with MAI accepted principles for the purpose of quantifying the value to the System of the use of Cedar Hills Landfill for Disposal of Solid Waste over a specified period of time (the valuation period). The County shall establish a schedule of annual use charges for the System’s use of the Cedar Hills Landfill which shall not exceed the most recent use valuation. Prior to establishing the schedule of annual use charges, the County shall seek review and comment as to both the use valuation and the proposed payment schedule from MSWAC. Upon request, the County will share with and explain to MSWAC the information the appraiser requests for purposes of developing the appraiser's recommendation. 7.2.b Use valuations and the underlying schedule of use charges shall be updated if there are significant changes in Cedar Hills Landfill capacity as a result of opening new Disposal areas and as determined by revisions to the existing Cedar Hills Regional Landfill Site Development Plan; in that event, an updated appraisal will be performed in compliance with MAI accepted principles. Otherwise, a reappraisal will not occur. Assuming a revision in the schedule of use charges occurs based on a revised appraisal, the resulting use charges shall be applied beginning in the subsequent rate period. 7.2.c The County general fund shall not charge use fees or receive other consideration from the System for the System’s use of any transfer station property in use as of the effective date of this Agreement. The County further agrees that the County general fund may not receive payments from the System for use of assets to the extent those assets are acquired with System revenues. As required by chapter 43.09.210 RCW, the System’s use of assets acquired with the use of other separate County funds (e.g., the Roads Fund, or other funds) RES.E Page 228 of 436 - 14 - will be subject to use charges; similarly, the System will charge other County funds for use of System property. VIII. LIABILITY 8.1 Non-Environmental Liability Arising Out-of-County Operations. Except as provided in this Section, Sections 8.5 and 8.6, the County shall indemnify and hold harmless the City and shall have the right and duty to defend the City through the County's attorneys against any and all claims arising out of the County's operations during the term of this Agreement and settle such claims, provided that all fees, costs, and expenses incurred by the County thereby are System costs which may be satisfied from Disposal Rates as provided in Section VII herein. In providing such defense of the City, the County shall exercise good faith in such defense or settlement so as to protect the City's interest. For purposes of this Section "claims arising out of the County's operations" shall mean claims arising out of the ownership, control, or maintenance of the System, but shall not include claims arising out of the City's operation of motor vehicles in connection with the System or other activities under the control of the City which may be incidental to the County's operation. The provisions of this Section shall not apply to claims arising out of the sole negligence or intentional acts of the City. The provisions of this Section shall survive for claims brought within three (3) years past the term of this Agreement established under Section III. 8.2 Cooperation. In the event the County acts to defend the City against a claim under Section 8.1, the City shall cooperate with the County. 8.3 Officers, Agents, and Employees. For purposes of this Section VIII, references to City or County shall be deemed to include the officers, employees and agents of either Party, RES.E Page 229 of 436 - 15 - acting within the scope of their authority. Transporters or generators of waste who are not officers or employees of the City or County are not included as agents of the City or County for purposes of this Section. 8.4 Each Party by mutual negotiation hereby waives, with respect to the other Party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. 8.5 Unacceptable Waste 8.5.a All waste generated or collected from within the corporate limits of the City which is delivered to the System for Disposal shall be in compliance with the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.) (RCRA), chapters 70.95 and 70.105 RCW, King County Code Title 10, King County Board of Health Rules and Regulations, the Solid Waste Division operating rules, and all other Federal, State and local environmental health laws, rules or regulations that impose restrictions or requirements on the type of waste that may be delivered to the System, as they now exist or are hereafter adopted or amended. 8.5.b For purposes of this Agreement, the City shall be deemed to have complied with the requirements of Subsection 8.5.a if it has adopted an ordinance requiring waste delivered to the System for Disposal to meet the laws, rules, or regulations specified in Subsection 8.5.a. However, nothing in this Agreement is intended to relieve the City from any obligation or liability it may have under the laws mentioned in Subsection 8.5.a arising out of the City's actions other than adopting, enforcing, or requiring compliance with said ordinance, such as liability, if any exists, of the City as a transporter or generator for improper transport or Disposal of regulated dangerous waste. Any environmental liability the City may have for RES.E Page 230 of 436 - 16 - releases of pollutants or hazardous or dangerous substances or wastes to the environment is dealt with under Sections 8.6 and 8.7. 8.5.c The City shall hold harmless, indemnify and defend the County for any property damages or personal injury caused solely by the City's failure to adopt an ordinance under Subsection 8.5.b. In the event the City acts to defend the County under this Subsection, the County shall cooperate with the City. 8.5.d The City shall make best efforts to include language in its contracts, franchise agreements, or licenses for the collection of Solid Waste within the City that allow for enforcement by the City against the collection contractor, franchisee or licensee for violations of the laws, rules, or regulations in Subsection 8.5.a. The requirements of this Subsection 8.5.d shall apply to the City's first collection contract, franchise, or license that becomes effective or is amended after the effective date of this Agreement. 8.5.d.i If waste is delivered to the System in violation of the laws, rules, or regulations in Subsection 8.5.a, before requiring the City to take any action under Subsection 8.5.d.ii, the County will make reasonable efforts to determine the parties’ responsible for the violation and will work with those parties to correct the violation, consistent with applicable waste clearance and acceptance rules, permit obligations, and any other legal requirements. 8.5.d.ii If the violation is not corrected under Subsection 8.5.d.i and waste is determined by the County to have been generated or collected from within the corporate limits of the City, the County shall provide the City with written notice of the violation. Upon such notice, the City shall take immediate steps to remedy the violation and prevent similar future violations to the reasonable satisfaction of the County which may include but not be RES.E Page 231 of 436 - 17 - limited to removing the waste and disposing of it in an approved facility; provided that nothing in this Subsection 8.5.d.ii shall obligate the City to handle regulated dangerous waste, as defined in WAC 173-351-200(1)(b)(i), and nothing in this Subsection shall relieve the City of any obligation it may have apart from this Agreement to handle regulated dangerous waste. If, in good faith, the City disagrees with the County regarding the violation, such dispute shall be resolved between the Parties using the Dispute Resolution process in Section XII or, if immediate action is required to avoid an imminent threat to public health, safety or the environment, in King County Superior Court. Each Party shall be responsible for its own attorneys' fees and costs. Failure of the City to take the steps requested by the County pending Superior Court resolution shall not be deemed a violation of this Agreement; provided, however, that this shall not release the City for damages or loss to the County arising out of the failure to take such steps if the Court finds a City violation of the requirements to comply with applicable laws set forth in Subsection 8.5.a. 8.6 Environmental Liability. 8.6.a Neither the County nor the City holds harmless or indemnifies the other with regard to any liability arising under 42 U.S.C. § 9601-9675 (CERCLA) as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA) or as hereafter amended or pursuant to chapter 70.105D RCW (MTCA) or as hereafter amended and any state legislation imposing liability for System-related cleanup of contaminated property from the release of pollutants or hazardous or dangerous substances and/or damages resulting from property contaminated from the release of pollutants or hazardous or dangerous substances (“Environmental Liabilities”). RES.E Page 232 of 436 - 18 - 8.6.b Nothing in this Agreement is intended to create new Environmental Liability nor release any third-party from Environmental Liability. Rather, the intent is to protect the general funds of the Parties to this Agreement by ensuring that, consistent with best business practices, an adequate portion of Disposal Rates being collected from the System Users are set aside and accessible in a fair and equitable manner to pay the respective County and City’s Environmental Liabilities. 8.6.c The purpose of this Subsection is to establish a protocol for the setting aside, and subsequent distribution of, Disposal Rates intended to pay for Environmental Liabilities of the Parties, if and when such liabilities should arise, in order to safeguard the Parties’ general funds. To do so, the County shall: 8.6.c.i Use Disposal Rates to obtain and maintain, to the extent commercially available under reasonable terms, insurance coverage for System-related Environmental Liability that names the City as an Additional Insured. The County shall establish the adequacy, amount and availability of such insurance in consultation with MSWAC. Any insurance policy in effect on the termination date of this Agreement with a term that extends past the termination date shall be maintained until the end of the policy term. 8.6.c.ii Use Disposal Rates to establish and maintain a reserve fund to help pay the Parties’ Environmental Liabilities not already covered by System rates or insurance maintained under Subsection 8.6.c.i above (“Environmental Reserve Fund”). The County shall establish the adequacy of the Environmental Reserve Fund in consultation with MSWAC and consistent with the financial policies described in Article VI. The County shall retain the Environmental Reserve Fund for a minimum of 30 years following the closure of the Cedar Hills Landfill (the “Retention Period”). During the Retention Period, the Environmental Reserve Fund RES.E Page 233 of 436 - 19 - shall be used solely for the purposes for which it was established under this Agreement. Unless otherwise required by law, at the end of the Retention Period, the County and Cities shall agree as to the disbursement of any amounts remaining in the Environmental Reserve Fund. If unable to agree, the County and City agree to submit disbursement to mediation and if unsuccessful to binding arbitration in a manner similar to Section 39.34.180 RCW to the extent permitted by law. 8.6.c.iii Pursue state or federal grant funds, such as grants from the Local Model Toxics Control Account under chapter 70.105D.070(3) RCW and chapter 173-322 WAC, or other state or federal funds as may be available and appropriate to pay for or remediate such Environmental Liabilities. 8.6.d If the funds available under Subsections 8.6.c.i-iii are not adequate to completely satisfy the Environmental Liabilities of the Parties to this Agreement then to the extent feasible and permitted by law, the County will establish a financial plan including a rate schedule to help pay for the County and City’s remaining Environmental Liabilities in consultation with MSWAC. 8.6.e The County and the City shall act reasonably and quickly to utilize funds collected or set aside through the means specified in Subsections 8.6.c.i-iii and 8.6.d to conduct or finance response or clean-up activities in order to limit the County and City’s exposure, or in order to comply with a consent decree, administrative or other legal order. The County shall notify the City within 30 days of any use of the reserve fund established in 8.6.c.iii. 8.6.f In any federal or state regulatory proceeding, and in any action for contribution, money expended by the County from the funds established in Subsections 8.6.c.i-iii and 8.6.d. to pay the costs of remedial investigation, cleanup, response or other action required RES.E Page 234 of 436 - 20 - pursuant to a state or federal laws or regulations shall be considered by the Parties to have been expended on behalf and for the benefit of the County and the Cities. 8.6.g In the event that the funds established as specified in Subsections 8.6.c.i-iii and 8.6.d are insufficient to cover the entirety of the County and Cities’ collective Environmental Liabilities, the funds described therein shall be equitably allocated between the County and Cities to satisfy their Environmental Liabilities. Factors to be considered in determining “equitably allocated” may include the size of each Party’s System User base and the amount of rates paid by that System User base into the funds, and the amount of the Solid Waste generated by the Parties’ respective System Users. Neither the County nor the Cities shall receive a benefit exceeding their Environmental Liabilities. 8.7 The County shall not charge or seek to recover from the City any costs or expenses for which the County indemnified the State of Washington in Exhibit A to the Quitclaim Deed from the State to the County for the Cedar Hills Landfill, dated February 24, 1993, to the extent such costs are not included in System costs. IX. CITY ADVISORY COMMITTEE 9.1 There is hereby created an advisory committee comprised of representatives from cities, which shall be known as the Metropolitan Solid Waste Advisory Committee (“MSWAC”). The City may designate a representative and alternate(s) to serve on MSWAC. MSWAC shall elect a chair and vice-chair and shall adopt bylaws to guide its deliberations. The members of MSWAC shall serve at the pleasure of their appointing bodies and shall receive no compensation from the County. RES.E Page 235 of 436 - 21 - 9.2 MSWAC is the forum through which the Parties together with other cities participating in the System intend to discuss and seek to resolve System issues and concerns. MSWAC shall assume the following advisory responsibilities: 9.2.a Advise the King County Council, the King County Executive, Solid Waste Advisory Committee, and other jurisdictions as appropriate, on all policy aspects of Solid Waste management and planning; 9.2.b Consult with and advise the County on technical issues related to Solid Waste management and planning; 9.2.c Assist in the development of alternatives and recommendations for the Comprehensive Solid Waste Management Plan and other plans governing the future of the System, and facilitate a review and/or approval of the Comprehensive Solid Waste Management Plan by each jurisdiction; 9.2.d Assist in the development of proposed interlocal Agreements between King County and cities for planning, Waste Prevention and Recycling, and waste stream control; 9.2.e Review and comment on Disposal Rate proposals and County financial policies; 9.2.f Review and comment on status reports on Waste Prevention, Recycling, energy/resources recovery, and System operations with inter-jurisdictional impact; 9.2.g Promote information exchange and interaction between waste generators, cities, recyclers, and the County with respect to its planned and operated Disposal Systems; 9.2.h Provide coordination opportunities among the Solid Waste Advisory Committee, the Regional Policy Committee, the County, cities, private waste haulers, and recyclers; RES.E Page 236 of 436 - 22 - 9.2.i Assist cities in recognizing municipal Solid Waste responsibilities, including collection and Recycling, and effectively carrying out those responsibilities; and 9.2.j Provide input on such disputes as MSWAC deems appropriate. 9.3 The County shall assume the following responsibilities with respect to MSWAC; 9.3.a The County shall provide staff support to MSWAC; 9.3.b In consultation with the chair of MSWAC, the County shall notify all cities and their designated MSWAC representatives and alternates of the MSWAC meeting times, locations and meeting agendas. Notification by electronic mail or regular mail shall meet the requirements of this Subsection; 9.3.c The County will consider and respond on a timely basis to questions and issues posed by MSWAC regarding the System, and will seek to resolve those issues in collaboration with the Cities. Such issues shall include but are not limited to development of efficient and accountable billing practices; and 9.3.d. The County shall provide all information and supporting documentation and analyses as reasonably requested by MSWAC for MSWAC to perform the duties and functions described in Section 9.2. X. FORUM INTERLOCAL AGREEMENT 10.1 As of the effective date of this Agreement, the Forum Interlocal Agreement and Addendum to Solid Waste Interlocal Agreement and Forum Interlocal Agreement by and between the City and County continue through June 30, 2028. After 2028 responsibilities assigned to the Forum shall be assigned to the Regional Policy Committee. The Parties agree that Solid Waste System policies and plans shall continue to be deemed regional countywide policies RES.E Page 237 of 436 - 23 - and plans that shall be referred to the Regional Policy Committee for review consistent with King County Charter Section 270.30 and chapter 1.24 King County Code. XI. COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN 11.1 King County is designated to prepare the Comprehensive Solid Waste Management Plan (Comprehensive Plan) and this plan shall include the City's Solid Waste Management Comprehensive Plan pursuant to chapter 70.95.080(3) RCW. 11.2 The Comprehensive Plan shall be reviewed and any necessary revisions proposed. The County shall consult with MSWAC to determine when revisions are necessary. King County shall provide services and build facilities in accordance with the adopted Comprehensive Plan. 11.3 The Comprehensive Plans will promote Waste Prevention and Recycling in accordance with Washington State Solid Waste management priorities pursuant to chapter 70.95 RCW, at a minimum. 11.4 The Comprehensive Plans will be prepared in accordance with chapter 70.95 RCW and Solid Waste planning guidelines developed by the Department of Ecology. The plan shall include, but not be limited to: 11.4.a Descriptions of and policies regarding management practices and facilities required for handling all waste types; 11.4.b Schedules and responsibilities for implementing policies; 11.4.c Policies concerning waste reduction, Recycling, Energy and Resource Recovery, collection, transfer, long-haul transport, Disposal, enforcement and administration; and RES.E Page 238 of 436 - 24 - 11.4.d Operational plan for the elements discussed in Item c above. 11.5 The cost of preparation by King County of the Comprehensive Plan will be considered a cost of the System and financed out of the rate base. 11.6 The Comprehensive Plans will be “adopted” within the meaning of this Agreement when the following has occurred: 11.6.a The Comprehensive Plan is approved by the King County Council; and 11.6.b The Comprehensive Plan is approved by cities representing three-quarters of the population of the incorporated population of jurisdictions that are parties to the Forum Interlocal Agreement. In calculating the three-quarters, the calculations shall consider only those incorporated jurisdictions taking formal action to approve or disapprove the Comprehensive Plan within 120 days of receipt of the Plan. The 120-day time period shall begin to run from receipt by an incorporated jurisdiction of the Forum's recommendation on the Comprehensive Plan, or, if the Forum is unable to make a recommendation, upon receipt of the Comprehensive Plan from the Forum without recommendation. 11.7 Should the Comprehensive Plan be approved by the King County Council, but not receive approval of three-quarters of the cities acting on the Comprehensive Plan, and should King County and the cities be unable to resolve their disagreement, then the Comprehensive Plan shall be referred to the State Department of Ecology and the State Department of Ecology will resolve any disputes regarding Comprehensive Plan adoption and adequacy by approving or disapproving the Comprehensive Plan or any part thereof. 11.8 King County shall determine which cities are affected by any proposed amendment to the Comprehensive Plan. If any City disagrees with such determination, then the City can request that the Forum determine whether or not the City is affected. Such RES.E Page 239 of 436 - 25 - determination shall be made by a two-thirds majority vote of all representative members of the Forum. 11.9 Should King County and the affected jurisdictions be unable to agree on amendments to the Comprehensive Plan, then the proposed amendments shall be referred to the Department of Ecology to resolve any disputes regarding such amendments. 11.10 Should there be any impasse between the Parties regarding Comprehensive Plan adoption, adequacy, or consistency or inconsistency or whether any permits or programs adopted or proposed are consistent with the Comprehensive Plan, then the Department of Ecology shall resolve said disputes. XII. MITIGATION 12.1 The County will design, construct and operate Solid Waste facilities in a manner to mitigate their impact on host Cities and neighboring communities pursuant to applicable law and regulations. 12.2 The Parties recognize that Solid Waste facilities are regional facilities. The County further recognizes that host Cities and neighboring communities may sustain impacts which can include but are not limited to local infrastructure, odor, traffic into and out of Solid Waste facilities, noise and litter. 12.3 Collaboration in Environmental Review. In the event the County is the sole or co- Lead Agency, then prior to making a threshold determination under the State Environmental Policy Act (SEPA), the County will provide a copy of the SEPA environmental checklist, if any, and proposed SEPA threshold determination to any identifiable Host City (as defined below) and adjacent or neighboring city that is signatory to the Agreement and that may be affected by the RES.E Page 240 of 436 - 26 - project ("Neighboring City") and seek their input. For any facility for which the County prepares an Environmental Impact Statement (EIS), the County will meet with any identified potential Host City (as defined below) and any Neighboring City to seek input on the scope of the EIS and appropriate methodologies and assumptions in preparing the analyses supporting the EIS. However, nothing in this Section shall limit or impair the County's ability to timely complete the environmental review process. 12.4 Collaboration in Project Permitting. If a new or reconstructed Solid Waste facility is proposed to be built within the boundaries of the City ("Host City") and the project requires one or more "project permits" as defined in chapter 36.70B.020(4) RCW from the Host City, before submitting its first application for any of the project permits, the County will meet with the Host City and any Neighboring City, to seek input. However, nothing in this Section shall limit or impair the County's ability to timely submit applications for or receive permits, nor waive any permit processing or appeal timelines. 12.5 Separately, the County and the City recognize that in accordance with 36.58.080 RCW, a city is authorized to charge the County to mitigate impacts directly attributable to a County-owned Solid Waste facility. The County acknowledges that such direct costs include wear and tear on infrastructure including roads. To the extent that the City establishes that such charges are reasonably necessary to mitigate such impacts, payments to cover such impacts may only be expended only to mitigate such impacts and are System costs. If the City believes that it is entitled to mitigation under this Agreement, the City may request that the County undertake a technical analysis regarding the extent of impacts authorized for mitigation . Upon receiving such a request, the County, in coordination with the City and any necessary technical consultants, will develop any analysis that is reasonable and appropriate to identify impacts. The cost for such RES.E Page 241 of 436 - 27 - analysis is a System cost. The City and County will work cooperatively to determine the appropriate mitigation payments and will document any agreement in a Memorandum of Agreement. If the City and the County cannot agree on mitigation payments, the dispute resolution process under chapter 36.58.080 RCW will apply rather than the dispute resolution process under Section XII of the Agreement. XIII. DISPUTE RESOLUTION 13.1 Unless otherwise expressly stated, the terms of this Section XIII shall apply to disputes arising under this Agreement. 13.2 Initial Meeting. 13.2.a Either Party shall give notice to the other in writing of a dispute involving this Agreement. 13.2.b Within ten (10) business days of receiving or issuing such notice, the County shall send an email notice to all Cities. 13.2.c Within ten (10) business days of receiving the County’s notice under Subsection 13.2.b, a City shall notify the County in writing or email if it wishes to participate in the Dispute Resolution process. 13.2.d Within not less than twenty-one (21) days nor more than thirty (30) days of the date of the initial notice of dispute issued under Subsection 13.2.a, the County shall schedule a time for staff from the County and any City requesting to participate in the dispute resolution process ("Participating City") to meet (the “initial meeting”). The County shall endeavor to set such initial meeting a time and place convenient to all Participating Cities and to the County. RES.E Page 242 of 436 - 28 - 13.3 Executives' Meeting. 13.3.a If the dispute is not resolved within sixty (60) days of the initial meeting, then within seven (7) days of expiration of the sixty (60)-day period, the County shall send an email notice to all Participating Cities that the dispute was not resolved and that a meeting of the County Executive, or his/her designee and the chief executive officer(s) of each Participating City, or the designees of each Participating City (an “executives' meeting”) shall be scheduled to attempt to resolve the dispute. It is provided, however, that the County and the Participating Cities may mutually agree to extend the sixty (60)-day period for an additional fifteen (15) days if they believe further progress may be made in resolving the dispute, in which case, the County’s obligation to send its email notice to the Participating Cities under this Subsection that the dispute was not resolved shall be within seven (7) days of the end of the extension. Likewise, the County and the Participating Cities may mutually conclude prior to the expiration of the sixty (60)-day period that further progress is not likely in resolving the dispute at this level, in which case, the County shall send its email notice that the dispute was not resolved within seven (7) days of the date that the County and the Participating Cities mutually concluded that further progress is not likely in resolving the dispute. 13.3.b Within seven (7) days of receiving the County’s notice under Subsection 13.3.a each Participating City shall notify the County in writing or email if it wishes to participate in the executives' meeting. 13.3.c Within not less than twenty-one (21) days nor more than thirty (30) days of the date of the notice of the executives' meeting issued under Subsection 13.3.a, the County shall schedule a time for the executives' meeting. The County shall endeavor to set such RES.E Page 243 of 436 - 29 - executives' meeting a time and place convenient to all Participating Cities that provided notice under Subsection 13.3.b and to the County. 13.4. Non-Binding Mediation. 13.4.a If the dispute is not resolved within thirty (30) days of the executives' meeting, then any Participating City that was Party to the executives' meeting or the County may refer the matter to non-binding meditation by sending written notice within thirty-five (35) days of the initial executives' meeting to all Parties to such meeting. 13.4.b Within seven (7) days of receiving or issuing notice that a matter will be referred to non-binding mediation, the County shall send an email notice to all Participating Cities that provided notice under Subsection 13.3.b informing them of the referral. 13.4.c Within seven (7) days of receiving the County’s notice under Subsection 13.4.b, each Participating City shall notify the County in writing if it wishes to participate in the non-binding mediation. 13.4.d The mediator will be selected in the following manner: The City(ies) electing to participate in the mediation shall propose a mediator and the County shall propose a mediator; in the event the mediators are not the same person, the two mediators shall select a third mediator who shall mediate the dispute. Alternately, the City(ies) participating in the mediation and the County may agree to select a mediator through a mediation service mutually acceptable to the Parties. The Parties to the mediation shall share equally in the costs charged by the mediator or mediation service. For purposes of allocating costs of the mediator or mediation service, all Cities participating in the mediation will be considered one Party. 13.5 Superior Court. Any Party, after participating in the non-binding mediation, may commence an action in King County Superior Court after one hundred eighty (180) days from RES.E Page 244 of 436 - 30 - the commencement of the mediation, in order to resolve an issue that has not by then been resolved through non-binding mediation, unless all Parties to the mediation agree to an earlier date for ending the mediation. 13.6 Unless this Section XIII does not apply to a dispute, then the Parties agree that they may not seek relief under this Agreement in a court of law or equity unless and until each of the procedural steps set forth in this Section XIII have been exhausted, provided, that if any applicable statute of limitations will or may run during the time that may be required to exhaust the procedural steps in this Section XIII, a Party may file suit to preserve a cause of action while the Dispute Resolution process continues. The Parties agree that, if necessary and if allowed by the court, they will seek a stay of any such suit while the Dispute Resolution process is completed. If the dispute is resolved through the Dispute Resolution process, the Parties agree to dismiss the lawsuit, including all claims, counterclaims, and cross-claims, with prejudice and without costs to any Party. XIV. FORCE MAJEURE The Parties are not liable for failure to perform pursuant to the terms of this Agreement when failure to perform was due to an unforeseeable event beyond the control of either Party (“force majeure”). The term “force majeure” shall include, without limitation by the following enumeration: acts of nature, acts of civil or military authorities, terrorism, fire, accidents, shutdowns for purpose of emergency repairs, industrial, civil or public disturbances, or labor disputes, causing the inability to perform the requirements of this Agreement, if either Party is rendered unable, wholly or in part, by a force majeure event to perform or comply with any obligation or condition of this Agreement, upon giving notice and reasonably full particulars to RES.E Page 245 of 436 - 31 - the other Party, such obligation or condition shall be suspended only for the time and to the extent practicable to restore normal operations. XV. MERGER This Agreement merges and supersedes all prior negotiations, representation and/or agreements between the Parties relating to the subject matter of this Agreement and constitutes the entire contract between the Parties [except with regard to the provisions of the Forum Interlocal Agreement]; provided that nothing in Section XV supersedes or amends any indemnification obligation that may be in effect pursuant to a contract between the Parties other than the Original Agreement; and further provided that nothing in this Agreement supersedes, amends or modifies in any way any permit or approval applicable to the System or the County’s operation of the System within the jurisdiction of the City. XVI. WAIVER No waiver by either Party of any term or condition of this Agreement shall be deemed or construed to constitute a waiver of any other term or condition or of any subsequent breach whether of the same or a different provision of this Agreement. XVII. THIRD PARTY BENEFICIARY This Agreement is not entered into with the intent that it shall benefit any other entity or person except those expressly described herein, and no other such person or entity shall be entitled to be treated as a third-party beneficiary of this Agreement. RES.E Page 246 of 436 - 32 - XVIII. SURVIVABILITY Except as provided in Section 8.1, 8.2, 8.3, Section 8.6.c, except 8.6.ciii and Section 8.6d, no obligations in this Agreement survive past the expiration date as established in Section III. XIX. NOTICE Except as otherwise provided in this Agreement, a notice required to be provided under the terms of this Agreement shall be delivered by certified mail, return receipt requested or by personal service to the following person: For the City: RES.E Page 247 of 436 - 33 - For the County: Director King County Solid Waste Division 201 South Jackson Street, Suite 701 Seattle, Washington 98104 IN WITNESS WHEREOF, this Agreement has been executed by each Party on the date set forth below: CITY of KING COUNTY (Mayor/City Manager) King County Executive Date Date Clerk-Attest Clerk-Attest Approved as to form and legality Approved as to form and legality City Attorney King County Deputy Prosecuting Attorney Date Date RES.E Page 248 of 436 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4909 Date: February 7, 2013 Department: Administration Attachments: Res 4909 Council Rules and Procedures Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Backus Staff:Heid Meeting Date:February 19, 2013 Item Number:RES.F AUBURN * MORE THAN YOU IMAGINEDRES.F Page 249 of 436 RESOLUTION NO 4 9 0 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING THE CITY COUNCIL RULES OF PROCEDURE AS ADOPTED BY ORDINANCE NO 5802 AND AMENDED BY RESOLUTION NOS 4282, 4429, 4467, 4615, 4686 4740 and 4813 WHEREAS, on February 2, 2004, the Auburn City Council adopted Ordinance No 5802 approving the Rules of Procedure of the City Council; and WHEREAS, Ordinance No 5802 also provided that future amendments or modifications to the Council Rules of Procedure could be accomplished by Resolution properly introduced and passed by the City Council; and WHEREAS, on December 12, 2007, December 15, 2008, April 6, 2009, July 6, 2010, February 22, 2011, and August 15, 2011, the City Council passed Resolution Numbers 4282, 4429, 4467, 4615, 4686, 4740, 4813 respectively, which Resolutions adopted certain modifications to the Council Rules of Procedure, and WHEREAS, the Council Operations Committee has recommended additional modifications to the Rules of Procedure. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS Section 1 The Rules of Procedure of the City Council, as adopted by Ordinance No 5802 on February 2, 2004, amended by Resolution No. 4282 on December 12, 2007, Resolution No 4429 on December 15, 2008, Resolution No. 4467 on April 6, 2009, Resolution No 4615 on July 6, 2010, Resolution No 4686 on Resolution No. 4909 February 7, 2013 Page 1 of 2 RES.F Page 250 of 436 February 22, 2011, and Resolution No 4740 on August 15, 2011, and Resolution No 4813 on May 21, 2012 are hereby amended as set forth in Exhibit "A", attached hereto and incorporated herein. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This Resolution shall take effect and be in full force and effect upon passage and signature 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: PZ 'o Daniel B He' , City ttorne Resolution No. 4909 February 7, 2013 Page 2 of 2 RES.F Page 251 of 436 RULES OF PROCEDURE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON TABLE OF CONTENTS SECTION 1 - AUTHORITY 2 SECTION 2 - COUNCIL MEETINGS 2 SECTION 3 - ORDER OF BUSINESS OF REGULAR COUNCIL MEETING AGENDA 4 SECTION 4 - COUNCILMEMBER ATTENDANCE AT MEETINGS 8 SECTION 5 - PRESIDING OFFICER - DUTIES 8 SECTION 6 - COUNCILMEMBERS 9 SECTION 7 - DEBATES 10 SECTION 8 - PARLIAMENTARY PROCEDURES AND MOTIONS 11 SECTION 9 - VOTING 13 SECTION 10 - COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL 14 SECTION 11 - PUBLIC HEARINGS AND APPEALS 14 SECTION 12 - DEPUTY MAYOR SELECTION PROCESS 15 SECTION 13 - COUNCIL POSITION VACANCY 16 SECTION 14 - COUNCIL MEETING STAFFING 16 SECTION 15 - COUNCIL RELATIONS WITH STAFF 16 SECTION 16 - COUNCIL COMMITTEES AND CITIZEN ADVISORY BOARDS 17 SECTION 17 - COUNCIL REPRESENTATION & INTERNAL COMMUNICATION 21 SECTION 18 - TRAVEL AUTHORIZATION 24 SECTION 19 - CONFIDENTIALITY 24 SECTION 20 – ENFORCEMENT OF RULES OF PROCEDURE 24 RES.F Page 252 of 436 Page 2 RULES OF PROCEDURE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON SECTION 1 - AUTHORITY The Auburn City Council hereby establishes the following rules for the conduct of Council meetings, proceedings and business. These rules shall be in effect upon adoption by resolution of Council and until such time as they are amended or new rules are adopted in the manner provided by these rules. SECTION 2 - COUNCIL MEETINGS All meetings of the City Council shall be open to the public and all persons shall be permitted to attend any meeting of this body, except as provided in RCW Chapter 42.30. The City Clerk shall be responsible for preparing agendas for all City Council meetings pursuant to the authority of Section 2.03.100 of the City Code1. The City Clerk shall cause to be prepared action minutes of all of the Council meetings, which minutes shall contain an account of all official actions of the Council. Council meetings shall be electronically recorded and retained for the period of time as provided by State law. 2.1 Regular Meetings - In accordance with Sections 2.06.010 and 2.06.020 of the City Code, the regular meetings of the City Council shall held on the first and third Mondays of every month at in the City Hall Council Chambers located at 25 West Main Street, Auburn, Washington. The regular meeting location may be changed by a majority vote of the City Council. Regular Council meetings will begin at the hour of 7:30 p.m. A quorum shall constitute four or more Councilmembers for the transaction of business. 1 2.03.100 Meeting coordination duties. The mayor or the mayor’s designee shall be responsible for the preparation of agendas for the meetings of the council and of the various boards, commissions and committees of the city, and for including in those agendas the items and issues appropriate for consideration by the council and the various boards, commissions and committees of the city. The mayor or the mayor’s designee shall also be responsible for publishing notices for meetings and for public hearings for the meetings of the council and the various boards, commissions and committees of the city, and for setting the dates and times for said public hearings, except in those instances when setting dates and times for public hearings is required by statute to be done through council resolution. (Ord. 5761 § 1, 2003.) RES.F Page 253 of 436 Page 3 In the event that a scheduled Council meeting falls on a legal holiday, the meeting shall be held at 7:30 p.m. on the first business day following the holiday. The Presiding Officer shall be as set forth in Section 5.1 herein. The Presiding Officer shall be seated at the center of the dais, and the Deputy Mayor shall be seated to the Presiding Officer’s immediate left. When the Deputy Mayor is acting as the Presiding Officer, in the absence of the Mayor, the Deputy Mayor shall be seated in the center of the dais. The seating arrangement for the other members of the Council shall be as directed by the Council Operations Committee. [See ACC 2.06.010 (Ord. 3916 § 1, 1983; 1957 code § 1.04.010); ACC 2.06.020 (Ord. 3759 § 1, 1982; 1957 code § 1.04.020); ACC 2.06.030 (1957 code § 1.04.060); ACC 2.06.080 (1957 code § 1.04.090).] 2.2 Special Meetings - In accordance with Section 2.06.040 of the City Code and Section 35A.12.110 RCW, a special meeting of the City Council may be called by the Mayor or any three members of the Council by written notice delivered to each member of the Council at least 24 hours before the time specified for the proposed meeting; provided, however, that no ordinance or resolution shall be passed, or contract let or entered into, or bill for the payment of money allowed, at any special meeting unless public notice of such meeting has been given by such notice to the local press, radio and television as will be reasonably calculated to inform the city's inhabitants of the meeting. [See ACC 2.06.040 (1957 code § 1.04.070).] 2.3 Emergency Meetings - Emergency meetings may be called by the Mayor, in accordance with Section 42.30.070 RCW, when by reason of fire, flood, earthquake, or other emergency, there is a need for expedited action by the City Council to meet the emergency, in which case, the meeting site notice requirements otherwise applicable shall not apply. 2.4 Executive Sessions - A Council meeting that is closed except to the Council, the Mayor, City Attorney and authorized staff members and/or consultants authorized by the Mayor. The public is restricted from attendance. Executive sessions may be held during Regular and Special meetings of the City Council and during Council Committee meetings, and will be announced by the Presiding Officer. Executive session subjects are limited to considering such matters as permitted by State law. [See former ACC 2.06.070 (1957 code § 1.04.080).] RES.F Page 254 of 436 Page 4 2.5 Cancellation of Meetings - Meetings may be canceled by a majority vote of the Council and proper notice given by the City Clerk. SECTION 3 - ORDER OF BUSINESS OF REGULAR COUNCIL MEETING AGENDA All items to be included on the Council’s agenda for consideration should be submitted to the City Clerk, in full by 12:00 Noon on the Tuesday preceding each regular Council meeting. The City Clerk shall then prepare a proposed agenda according to the order of business, for approval by the Mayor, or his/her designee. A final agenda will then be prepared by the City Clerk and distributed to Councilmembers as the official agenda for the meeting. The agenda format of the Regular City Council meeting shall be as follows: 3.1 Call to order. The Presiding Officer shall call the meeting to order. 3.2 Roll call. The City Clerk will call the roll. Councilmembers may request to be excused from a meeting by requesting the same of the Mayor in advance of the meeting. The reason for the request shall be given at the time of the request. 3.3 Flag salute. The Presiding Officer, Councilmembers and, at times, invited guests will lead the flag salute. 3.4 Announcements, Proclamations and Presentations A proclamation is defined as an official announcement made by the Presiding Officer or the City Council regarding a non-controversial event, activity or special interest group which has a major city-wide impact. 3.5. Appointments Appointing individuals to various committees, boards and commissions. Confirmation of appointments, where confirmation is called for, may be preceded by discussion in executive session, where appropriate. 3.6 Agenda modifications Changes to the Council’s published agenda are announced at this time. RES.F Page 255 of 436 Page 5 3.7 Public Hearings and Appeals Individuals may comment on public hearing and appeal items, provided that when an appeal is a closed record appeal, the matter shall be considered based on information, evidence and documents in the record. Argument on the appeal shall refer only to matters, information, documents and evidence presented at the underlying hearing from which the appeal is taken, and no new information, evidence or documents may be added, and argument on the appeal may only deal with information, evidence and documents in the record. The Presiding Officer will state the public hearing and/or appeal procedures before each hearing. 3.8 Audience Participation Members of the audience may comment on items relating to any matter related to City business under the Audience Participation period. Comments are limited to three (3) minutes per person, and a total of fifteen (15) minutes per topic. Groups who have a designated speaker may have a total of ten (10) minutes to speak. Public comments sign-up forms will be available at the City Clerk’s desk at each meeting for use of those citizens wishing to address the Council. The City Clerk shall serve as timekeeper. The Presiding Officer may make exceptions to the audience participation time restrictions when warranted, in the discretion of the Presiding Officer. Citizens may also speak on individual agenda items on the printed agenda at the time they are considered by the Council as requested by the Presiding Officer. 3.9 Correspondence 3.10 Council Committee Reports Council Committee Chairs report on action and activities of their respective Council Committees. In giving Committee Reports, the Chair or other committee member giving the Report is encouraged to defer detailed reporting regarding resolutions and ordinances that are on the current Council agenda. Then, during discussion on a motion, the Chair or other committee member is encouraged to give a description of the intention, or process of consideration of the ordinance or resolution. 3.11 Consent Agenda Approval of the Consent Agenda, including items considered to be routine and non-controversial, may be approved by one motion. Items on the Consent Agenda include but are not limited to the following. Any Councilmember may remove any item from the Consent Agenda for separate discussion and action. RES.F Page 256 of 436 Page 6 A. Approval of minutes. B. Fixing dates for public hearings and appeals. C. Approval of claims and vouchers, bid awards and contracts. D. Approval of surplus property. E. Other items designated by the City Council. 3.12 Unfinished Business Unfinished business of a general nature. 3.13 New Business Business, other than ordinances and resolutions, that has not been previously before the City Council. 3.14 Ordinances All ordinances shall be in writing, and the titles thereof shall be read aloud by the City Attorney prior to a vote being called on their adoption, provided that any councilmember may upon request, have a full reading of the text of a proposed ordinance prior to the vote on its adoption. It shall not require a second to the request for a full reading of an ordinance. It is further provided, however, that the requirement for a reading of the title of the proposed ordinance, or a full reading of the text of the proposed ordinance may be waived upon a motion duly made, seconded and approved by a majority of the councilmembers in attendance at the council meeting. After a motion to adopt an ordinance has been made and seconded, the Councilmember making the motion is encouraged to give a very brief description of the issues involved with the ordinance, without simply repeating the ordinance title as read by the City Attorney and may choose to comment on any results of Committee action regarding the issue. Discussion and debate by the City Council on ordinances will be held prior to the vote on an ordinance. Councilmembers shall decide whether or not to amend the ordinance, or direct staff to further review the proposed ordinance. An ordinance shall be adopted by a majority vote of a quorum of the City Council, Provided that adoption of any ordinance that grants or revokes a franchise or license shall require the affirmative vote of at least a majority of the whole membership of the Council, and Provided that public emergency ordinances RES.F Page 257 of 436 Page 7 require a vote of a majority plus one of the whole Council membership. A public emergency ordinance is one designated to protect public health and safety, public property, or public peace. 3.15 Resolutions All resolutions shall be in writing, and the titles thereof shall be read aloud by the City Attorney prior to a vote being called on their passage, provided that any councilmember may upon request, have a full reading of the text of a proposed resolution prior to the vote on its passage. It shall not require a second to the request for a full reading of a resolution. It is further provided, however, that the requirement for a reading of the title of the proposed resolution, or a full reading of the text of the proposed resolution may be waived upon a motion duly made, seconded and approved by a majority of the councilmembers in attendance at the council meeting. After a motion to pass a resolution has been made and seconded, the Councilmember making the motion is encouraged to give a very brief description of the issues involved with the resolution without simply repeating the resolution title as read by the City Attorney, and the councilmember may choose to comment on any results of Committee action regarding the issue. Discussion and debate by the City Council on resolutions will be held prior to the vote on a resolution. Councilmembers shall decide whether or not to amend the resolution, or direct staff to further review the proposed resolution. A resolution shall be passed by a majority vote of a quorum of the Council, Provided that passage of any resolution for the payment of money shall require the affirmative vote of at least a majority of the whole membership of the Council. 3.16 Councilmember Reports Councilmembers may report on their significant city activities since the last regular meeting. Councilmembers shall limit their reports to not more than three (3) to five (5) minutes. 3.17 Adjournment Recess - The foregoing agenda may be interrupted for a stated time as called by the Presiding Officer to recess for any reason, including executive sessions. [See former ACC 2.06.110 (Ord. 5687 § 1, 2002; Ord. 4166 § 2, 1986); ACC 2.06.120 (1957 code § 1.04.120.); ACC 2.06.140 (1957 code § 1.04.140.); ACC 2.06.170 (1957 code § 1.04.190.); ACC 2.06.180 (Ord. 5635 § 2, 2002; 1957 code § 1.04.200).] RES.F Page 258 of 436 Page 8 SECTION 4 - COUNCILMEMBER ATTENDANCE AT MEETINGS 4.1 Councilmembers shall attend Regular Council meetings. Councilmembers will inform the Mayor or the City Clerk if they are unable to attend any Regular Council meeting, or if they knowingly will be late to any meeting. If a Councilmember has informed the Mayor or City Clerk that he or she is unable to attend such meeting, the minutes for that meeting will show the Councilmember as having an excused absence for that meeting. Provided that excessive or prolonged absences shall be addressed by the City Council on a case by case basis. [See ACC 2.06.050 and RCW 35A.12.060] 4.2 Councilmembers shall attend the meetings of the Council Committees to which they are assigned, including meetings of the Council Committee of the Whole to which all Councilmembers are assigned. Councilmembers will inform the Chair of such Council Committees or the City Clerk if they are unable to attend any meetings of such Council Committees, or shall so inform the Chair or City Clerk if they knowingly will be late to any such Council Committee meeting. If a Councilmember has informed the Chair or City Clerk that he or she is unable to attend such Committee meeting, the minutes for that meeting will show the Councilmember as having an excused absence for that meeting. Provided that excessive or prolonged absences shall be addressed by the City Council on a case by case basis. 4.3 Councilmembers shall attend the Special Meetings of the City Council. Councilmembers, will inform the Mayor or the City Clerk if they are unable to attend any such meetings, or shall so inform the Mayor or City Clerk if they knowingly will be late to any such Special meeting. If a Councilmember has informed the Mayor or City Clerk that he or she is unable to attend such Special meeting, the minutes for that meeting will show the Councilmember as having an excused absence for that meeting. Provided that excessive or prolonged absences shall be addressed by the City Council on a case by case basis. 4.4 Attendance at Council Committee meetings and Special meetings will not be considered “regular meetings” for the purposes of RCW 35A.12.060, applicable to Regular City Council meetings. However, in addition to the application of RCW 35A.12.060 to Regular City Council meetings, unexcused absences from any Regular or Special meetings, or Committee meetings, shall constitute a violation of these Rules of Procedure. SECTION 5 - PRESIDING OFFICER - DUTIES 5.1 Conduct of Meetings RES.F Page 259 of 436 Page 9 The Presiding Officer at all meetings of the Council shall be the Mayor and in the absence of the Mayor, the Deputy Mayor will act in that capacity. If both the Mayor and Deputy Mayor are absent and a quorum is present, the Council shall elect one of its members to serve as Presiding Officer until the return of the Mayor or Deputy Mayor. [See former ACC 2.06.090 (1957 code § 1.04.100).] 5.2 The Presiding Officer: A. Shall preserve order and decorum at all meetings of the Council and cause the removal of any person from any meeting for disorderly conduct; B. Shall observe and enforce all rules adopted by the Council; C. Shall decide all questions on order, in accordance with these rules, subject to appeal by any Councilmember; D. Shall recognize Councilmembers in the order in which they request the floor, giving every councilmember who wishes an opportunity to speak, provided that the mover of a motion shall be permitted to debate it first, and provided that the Presiding Officer may also allow discussion of an issue prior to the stating of a motion when such discussion would facilitate wording of a motion; E. May affix approximate time limit for each agenda item; F. When matters on the agenda are placed, or are able to be placed under more than one classification or category, as defined by the Order of Business, and the matters involve or are closely related to other subject matter, then the Presiding Officer may, in the Presiding Officer’s discretion, present such matters before the Council, for discussion, consider and vote, at a different place in the agenda without the necessity of any vote thereon, notwithstanding their initial different placement on the written agenda. [See former ACC 2.06.100 (1957 code § 1.04.170.); ACC 2.06.190 (1957 code § 1.04.210).] SECTION 6 - COUNCILMEMBERS 6.1 Remarks. - Councilmembers desiring to speak shall address the presiding officer, and when recognized, shall confine him/herself to the question under debate. 6.2 Questioninq. - Any member of the Council, including the Presiding Officer, shall have the right to question any individual, including members of the staff, on RES.F Page 260 of 436 Page 10 matters germane to the issue properly before the Council for discussion. Under no circumstances shall such questioning be conducted in a manner to the extent that such would constitute a cross-examination of or an attempt to ridicule or degrade the individual being interrogated. 6.3 Obligation to the Public Agency. - Notwithstanding the right of Councilmembers to express their independent opinions and exercise their freedom of speech, Councilmembers should act in a way that reflects positively on the reputation of the City and of the community. Councilmembers shall also interact with other members of the City Council and City staff in ways that promote effective local government. 6.4 Council Training. - Councilmembers are expected to participate in training offered by individuals, agencies, entities and organizations including but not limited to the Association of Washington Cities and the State of Washington, so as to afford the Councilmembers the opportunity to better understand their roles as City Councilmembers. 6.5 Participation in Committees, Agencies and Organizations. - To better represent the interests of the City of Auburn, Councilmembers are encouraged to participate in assignments to local, regional, state and national committees, agencies and organizations. [See former ACC 2.06.130 (1957 code § 1.04.130).] SECTION 7 - DEBATES 7.1 Speaking to the Motion. - No member of the Council, including the Presiding Officer, shall speak more than twice on the same motion except by consent of the majority of the Councilmembers present at the time the motion is before the Council. 7.2 Interruption. - No member of the Council, including the Presiding Officer, shall interrupt or argue with any other member while such member has the floor, other than the Presiding Officer’s duty to preserve order during meetings as provided in Section 5.2a of these rules. 7.3 Courtesy. -All speakers, including members of the Council, which includes the Presiding Officer, in the discussion, comments, or debate of any matter or issue shall address their remarks to the Presiding Officer, be courteous in their language and deportment, and shall not engage in or discuss or comment on personalities, or indulge in derogatory remarks or insinuations in respect to any other member of the Council, or any member of the staff or the pubic, but shall at all times confine their remarks to those facts which are germane and relevant to the question or matter under discussion. RES.F Page 261 of 436 Page 11 7.4 Transgression. - If a member of the Council shall transgress these rules on debates, the Presiding Officer shall call such member to order, in which case such member shall be silent except to explain or continue in order. If the Presiding Officer shall transgress these rules on debate or fail to call such member to order, any other member of the Council may, under a point of order, call the Presiding Officer or such other member to order, in which case the Presiding Officer or such member, as the case may be, shall be silent except to explain or continue in order. 7.5 Challenge to Ruling. - Any member of the Council, including the Presiding Officer, shall have the right to challenge any action or ruling of the Presiding Officer, or member, as the case may be, in which case the decision of the majority of the members of the Council present, including the Presiding Officer, shall govern. [See former ACC 2.06.130 (1957 code § 1.04.130).] SECTION 8 - PARLIAMENTARY PROCEDURES AND MOTIONS 8.1 All City Council meeting discussions shall be governed by ROBERTS RULES OF ORDER, NEWLY REVISED (latest edition). 8.2 If a motion does not receive a second, it dies. Matters that do not constitute a motion include nominations, withdrawal of motion by the person making the motion, request for a roll call vote, and point of order or privilege; therefore a second is not needed. 8.3 A motion that receives a tie vote is deemed to have failed, provided that except where prohibited by law, the Mayor, as Presiding Official, shall be allowed to vote to break a tie vote. 8.4 When making motions, Councilmembers shall be clear and concise and not include arguments for the motion within the motion. 8.5 After a motion has been made and seconded, the Councilmembers may discuss their opinions on the issue prior to the vote. 8.6 If any Councilmember wishes to abstain, from a vote on the motion pursuant to the provisions of Section 9 hereof, that Councilmember shall so advise the City Council, and shall remove and absent himself/herself from the deliberations and considerations of the motion, and shall have no further participation in the matter. Such advice shall be given prior to any discussion or participation on the subject matter or as soon thereafter as the Councilmember perceives a need to abstain, provided that, prior to the time that a Councilmember gives advice of an intent to abstain from an issue, the Councilmember shall confer with the City Attorney to determine if the basis for the Councilmember's intended abstention conforms to RES.F Page 262 of 436 Page 12 the requirements of Section 9. If the intended abstention can be anticipated in advance, the conference with the City Attorney should occur prior to the meeting at which the subject matter would be coming before the City Council. If that cannot be done, the Councilmember should advise the City Council that he/she has an "abstention question" that he/she would want to review with the City Attorney, in which case, a brief recess would be afforded the Councilmember for that purpose. 8.7 A motion may be withdrawn by the maker of the motion at any time without the consent of the Council. 8.8 A motion to table is nondebatable and shall preclude all amendments or debates of the issue under consideration. A motion to table is to be used in instances where circumstances or situations arise which necessitate the interruption of the Councilmembers' consideration of the matter then before them. A motion to table, if passed, shall cause the subject matter to be tabled until the interrupting circumstances or situations have been resolved, or until a time certain, if specified in the motion to table. To remove an item from the table in advance of the time certain requires a two-thirds' majority vote. 8.9 A motion to postpone to a certain time is debatable, is amendable and may be reconsidered at the same meeting. The question being postponed must be considered at a later time at the same meeting, or to a time certain at a future Regular or Special City Council meeting. 8.10 A motion to postpone indefinitely is debatable, is not amendable, and may be reconsidered at the same meeting only if it received an affirmative vote. 8.11 A motion to call for the question shall close debate on the main motion and is not debatable. This motion must receive a second and fails without a two-thirds' vote; debate is reopened if the motion fails. 8.12 A motion to amend is defined as amending a motion that is on the floor and has been seconded, by inserting or adding, striking out, striking out and inserting, or substituting. 8.13 Motions that cannot be amended include: Motion to adjourn, lay on the table, roll call vote, point of order, reconsideration and take from the table. A motion to amend an amendment is not in order. 8.14 Amendments are voted on first, then the main motion as amended (if the amendment received an affirmative vote). 8.15 Debate of the motion only occurs after the motion has been moved and seconded. RES.F Page 263 of 436 Page 13 8.16 The Presiding Officer, City Attorney or City Clerk should repeat the motion prior to voting. 8.17 The City Clerk will take a roll call vote, if requested by the Presiding Officer, a Councilmember, or as required by law. 8.18 When a question has been decided, any Councilmember who voted in the majority may move for reconsideration. In order to afford Councilmembers who voted in the majority the potential basis for a motion for reconsideration, Councilmembers who voted in the majority may inquire of Councilmembers who voted with the minority as to the reasons for their minority vote, if not stated during debate prior to the vote. 8.19 The City Attorney shall act as the Council’s parliamentarian and shall decide all questions of interpretations of these rules which may arise at a Council meeting. 8.20 These rules may be amended, or new rules adopted, by a majority vote of the full Council. [See former ACC 2.06.160 (1957 code § 1.04.180.); ACC 2.06.170 (1957 code § 1.04.190.); ACC 2.06.200 (1957 code § 1.04.220.); ACC 2.06.210 (1957 code § 1.04.230).] SECTION 9 - VOTING 9.1 Voice vote - A generalized verbal indication by the Council as a whole of “yea or nay” vote on a matter, the outcome of which vote shall be recorded in the official minutes of the Council. Silence of a Councilmember during a voice vote shall be recorded as a vote with the prevailing side, except where such a Councilmember abstains because of a stated conflict of interest or appearance of fairness. 9.2 Roll call vote - A roll call vote may be requested by the Presiding Officer or by any Councilmember. 9.3 Abstentions - It is the responsibility of each Councilmember to vote when requested on a matter before the full Council. However, a Councilmember may abstain from discussion and voting on a question because of a stated conflict of interest or appearance of fairness. 9.4 Votes by Mayor - Except where prohibited by law, the Mayor, as Presiding Official, shall be allowed to vote to break a tie vote. [See former ACC 2.06.150 (1957 code § 1.04.150).] RES.F Page 264 of 436 Page 14 SECTION 10 - COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL 10.1 Persons addressing the Council, who are not specifically scheduled on the agenda, will be requested to step up to the podium, give their name and address for the record, and limit their remarks to three (3) minutes, in addition to filling out the speaker sign-in sheet available at the City Clerk’s desk. All remarks will be addressed to the Council as a whole. The City Clerk shall serve as timekeeper. The Presiding Officer may make exceptions to the time restrictions of persons addressing the Council when warranted, in the discretion of the Presiding Officer. 10.2 Any person making personal, impertinent or slanderous remarks while addressing the Council shall be barred from further audience participation by the Presiding Officer, unless permission to continue is granted by a majority vote of the Council. [See former ACC 2.06.130 (1957 code § 1.04.130).] SECTION 11 - PUBLIC HEARINGS AND APPEALS 11.1 Quasi-judicial hearings require a decision be made by the Council using a certain process, which may include a record of evidence considered and specific findings made. The following procedure shall apply: A. The Department Director of the department (most) affected by the subject matter of the hearing, or said Director’s designee, will present the City’s position and findings. Staff will be available to respond to Council questions. B. The proponent spokesperson shall speak first and be allowed (10) minutes. Council may ask questions. C. The opponent spokesperson shall be allowed ten (10) minutes for presentation and Council may ask questions. D. Each side shall then be allowed five (5) minutes for rebuttal, with the proponent spokesperson speaking first, followed by the opponent spokesperson. E. The City Clerk shall serve as timekeeper during these hearings. F. After each proponent and opponent spokesperson have used their speaking time, Council may ask further questions of the speakers, who shall be entitled to respond but limit their response to the question asked. RES.F Page 265 of 436 Page 15 11.2 Public hearings where a general audience is in attendance to present arguments for or against a public issue: A. The Department Director or designee shall present the issue to the Council and respond to questions. B. A person may speak for three (3) minutes. No one may speak for a second time until everyone who wishes to speak has had an opportunity to speak. The Presiding Officer may make exceptions to the time restrictions of persons speaking at a public hearing when warranted, in the discretion of the Presiding Officer. C. The City Clerk shall serve as timekeeper during these hearings. D. After the speaker has used their allotted time, Council may ask questions of the speaker and the speaker may respond, but may not engage in further debate. E. The hearing will then be closed to public participation and open for discussion among Councilmembers. F The Presiding Officer may exercise changes in the procedures at a particular meeting or hearing, but the decision to do so may be overruled by a majority vote of the Council. SECTION 12 - DEPUTY MAYOR 12.1 Biennially at the first meeting of a new Council, or periodically, the members thereof, by majority vote, shall designate one of their members as Deputy Mayor for such period as the Council may specify. 12.2 The Deputy Mayor shall perform the following duties: Intra-Council Relations • Serve as an ex-officio member of all standing committees of the city council • Assist in new councilmember training • Support cooperative and interactive relationships among council members • Work with Administration to prepare agendas for committee of the whole meetings Mayor-Council Relations • Help maintain a positive and cooperative relationship between the mayor and the city council • Act as conduit between the mayor and the city council on issues or concerns relating to their duties RES.F Page 266 of 436 Page 16 Intergovernmental and Community Relations • Act in absence of mayor as requested and/or as required • Be aware of all city regional and intergovernmental policies and activities in order to be prepared to step into the role of Mayor if necessary • Serve as the Chair of the City’s Emergency Management Compensation Board [See former ACC 2.06.090 (1957 code § 1.04.100).] SECTION 13 - COUNCIL POSITION VACANCY OR ABSENCE 13.1 In the event that an unexpired Council position becomes vacant, the City Council has ninety (90) days from the occurrence of the vacancy to appoint, by majority vote of a quorum of the Council, a qualified person to fill the vacancy pursuant to State law. The Council may make such appointment at its next regular meeting, or at a special meeting called for that purpose. If the Council does not appoint a person within the ninety (90) day period, the Mayor may make the appointment from among the persons nominated by members of the Council. 13.2 In the event of extended excused absences or disability of a Councilmember, the remaining members by majority vote may appoint a Councilmember Pro Tempore to serve during the absence or disability. SECTION 14 - COUNCIL MEETING STAFFING 14.1 Department Directors shall attend all meetings of the Council unless excused. 14.2 The City Attorney shall attend all meetings of the Council unless excused, and shall upon request, give an opinion, either written or oral, on legal questions. The City Attorney shall act as the Council’s parliamentarian. The Assistant City Attorney shall attend meetings when the City Attorney has been excused. [See former ACC 2.06.060 (1957 code § 1.04.160).] SECTION 15 - COUNCIL RELATIONS WITH STAFF 15.1 There will be mutual courtesy and respect from both City staff and Councilmembers toward each other and of their respective roles and responsibilities. 15.2 City staff will acknowledge the Council as policy makers, and the Councilmembers will acknowledge City staff as administering the Council’s policies. 15.3 It is the intent of Council that all pertinent information asked for by individual Council members shall be made available to the full Council. RES.F Page 267 of 436 Page 17 15.4 Individual Councilmembers shall not attempt to coerce or influence City staff in the selection of personnel, the awarding of contracts, the selection of consultants, the processing of development applications or the granting of City licenses or permits. Councilmembers may, at the request of the Mayor, participate in discussions and decisions related to these matters. Councilmembers who serve council committee overseeing the activities involved may, with the consent of the Mayor and the committee chair, participate in discussions related to these matters to give policy guidance and legislative direction. 15.5 Other than through legislative action taken by the Council as a whole, individual Councilmembers shall not interfere with the operating rules and practices of any City department. 15.6 No individual Councilmember shall direct the Mayor to initiate any action or prepare any report that is significant in nature, or initiate any project or study without the consent of a majority of the Council or being initiated through the Council Committee process. 15.7 All councilmember requests for information, other than requests for legal advice from the City Attorney’s Office, shall be directed through the Mayor in order to assign the task to the proper staff. Council committee chairs and the Deputy Mayor may work with the Mayor’s designated staff to prepare agendas and facilitate their committee work. 15.8 Any written communication with staff shall also include the Mayor as a recipient. SECTION 16 - COUNCIL COMMITTEES AND CITIZEN ADVISORY BOARDS 16.1 The Standing Committees of the City Council of the City of Auburn are as follows: A. PUBLIC WORKS COMMITTEE: Makes recommendations to the City Council as a whole on policies relating to water and sanitary sewer utilities, storm drainage, streets and policy matters involving construction, engineering, right-of-way use, street vacation and equipment maintenance and operations. This Committee will coordinate equipment rental and utility matters with the Finance Committee. The Committee will serve as the Council’s liaison for the Transportation, Transit and Trails Committee and special transportation advisory committees. B. FINANCE COMMITTEE: RES.F Page 268 of 436 Page 18 In addition to the normal monitoring of the financial expenditures of the approved budget, this Committee will make recommendations to the City Council as a whole on policies relating to human resources, municipal court, legal, information services, and City real property transactions including sale, lease, acquisition, and donations. This committee will coordinate property transactions with other appropriate Council Committees. The Committee will serve as Council’s liaison for the Tourism Board. C. PLANNING AND COMMUNITY DEVELOPMENT COMMITTEE: Makes recommendations to the City Council as a whole on policies relating to land use planning and zoning, code enforcement, annexation, building permits, human services, parks (planning), cultural arts and public art, museum, Mary Olson Farm, communications, and economic development. The Committee will serve as the Council’s liaison for the Arts Commission, King County Library, Urban Tree Board, Parks and Recreation Board, Planning Commission, Human Services Committee, Museum board and Multicultural Roundtable. D. MUNICIPAL SERVICES COMMITTEE: Makes recommendations to the City Council as a whole on policies relating to police, animal control, emergency planning, parks (operations), community services, telecommunications, solid waste, airport, senior center, Auburn International Farmers’ Market, golf course and cemetery. The Committee will serve as the Council’s liaison for the Airport Advisory Board, the Cemetery Board and the Auburn International Farmers’ Market Advisory Board. E. LES GOVE COMMUNITY CAMPUS COMMITTEE: Makes recommendations to the City Council as a whole on policies relating to development and ongoing use of the Community Center and Activity Center facilities at Les Gove Community Campus. The Les Gove Community Campus Committee shall also coordinate with the Municipal Services Committee and the Planning and Community Development Committee in considering activities and issues that affect the Les Gove Community Campus as a whole. F. COUNCIL OPERATIONS COMMITTEE: There is created and established a Council Operations Committee for the city council, the appointment, duties and functions thereof to be as follows: RES.F Page 269 of 436 Page 19 1. Appointment. Membership of the Council Operations Committee shall consist of the Deputy Mayor and the two other Councilmembers having the longest tenure on the City Council. Longest tenure is to be calculated as the total length of consecutive service as a Councilmember. The Deputy Mayor shall be the Chair of the Council Operations Committee. In the event two or more members have equal tenure, the Chair and members of the Council Operations Committee shall be selected on the basis of the largest number of votes received at the most recent general election(s) in which the Councilmembers were respectively elected. It is provided, however, that Councilmembers whose term of office will expire prior to or during the first meeting of a new City Council and who have not been re-elected or appointed to another term of office extending beyond the first meeting of a new City Council shall not be allowed to vote at Council on the approval of the membership of the new committees. 2. Powers and Functions. The function of the Council Operations Committee is to supervise the formation and membership of all standing committees of the City Council. The Council Operations Committee shall, subject to the approval of a majority of the entire City Council, designate all of the standing committees of the City Council. In addition, the Council Operations Committee shall, biennially at the first meeting of a new City Council, or periodically, submit a list of the proposed members of all standing committees of the City Council for approval by a majority vote of the entire City Council. The Council Operations Committee shall also recommend the Chair for each standing committee of the City Council, which recommendations shall also be subject to approval by a majority vote of the entire City Council. The membership of all standing committees of the City Council shall consist exclusively of Councilmembers. Each chair of any standing committee of the City Council shall, in the absence of a quorum at a meeting of his/her particular standing committee, have the authority to appoint a non-member of the standing committee, from the City Council to that standing committee for that meeting to create a quorum for that meeting, or in the chair's absence the vice-chairman shall be able to appoint another Councilmember to that particular committee in the absence of a quorum. The function of the Council Operations Committee is also to propose amendments to the Rules of Procedure of the City Council to the full City Council, and to address issues relating to the whole City Council and make recommendations for action by the full City Council relative to such issues. The Council Operations Committee shall also evaluate and recommend to the whole City Council any actions, responses or sanctions for violations by Councilmembers of these Rules of Procedure, which recommendation shall be considered, voted and/or acted upon by the City Council in the normal course. RES.F Page 270 of 436 Page 20 3. In cases of alleged misconduct or violations of the City Council Rules of Procedures (ROP), the person suspected of the alleged misconduct or violation of the ROP shall be afforded the opportunity to respond, which opportunity shall be given, with advance notice, in an open meeting of the Council Operations Committee (COC) prior to the COC making any recommendations regarding censure or reprimand or other disciplinary action. 4. Meeting Dates. The Council Operations Committee shall meet biennially upon the seating of each new City Council or more often as needed. [See former ACC 2.06.220 (Ord. 4319 §§ 2, 3, 1989; Ord. 3937 § 1, 1984; Ord. 3606 § 1, 1981; Ord. 2786 § 1, 1974; Ord. 2745 § 1, 1973; 1957 code § 1.04.240).] 16.2 The Mayor or a majority of the City Council may establish such ad hoc committees as may be appropriate to consider special matters that require special approach or emphasis. Such ad hoc committees may be established and matters referred to them at study sessions, without the requirement that such establishment or referral take place at a regular City Council meeting. The Mayor shall appoint Council representatives to intergovernmental councils, boards and committees, including such ad hoc committees. 16.3 Ad hoc council committees shall consider all matters referred to them. The chair of such ad hoc committee shall report to the City Council the findings of the committee. Committees may refer items to the Council with no committee recommendation. 16.4 Advisory Boards, Committees and Commissions established by ordinance, consisting of citizens appointed pursuant to the establishing Ordinance and serving in the capacity and for the purposes indicated in the Ordinance, shall act as an advisory committee to the City Council. 16.5 Committee Chairpersons shall have broad discretion in conducting their meetings. They will generally follow Roberts Rules of Order, Newly Revised. 16.6 Committee Chairpersons, or a majority of the members of the Committee, may allow audience participation that is related to the agenda item being discussed by the Committee, and audience participation regarding subjects falling within the areas of responsibility of the Committee may come from any non-member of the Committee, including members of the City Council who are in attendance. 16.7 Committee Chairpersons shall approve all agenda items and may, at their discretion, remove or add agenda items during the course of the meeting. RES.F Page 271 of 436 Page 21 16.8 Prior to publication of the agenda in which minutes are to be approved by the Committee, the Committee Chairperson, or the person who will be presiding over the meeting, shall review the draft minutes of Committee meetings. SECTION 17 - COUNCIL REPRESENTATION & INTERNAL COMMUNICATION 17.1 If a Councilmember meets with, attends a meeting or otherwise appears on behalf of the City before individuals, another governmental agency, a community organization, or a private entity or organization, including individuals, agencies, or organizations with whom or with which the City has a business relationship, and makes statements directly or through the media, for the purpose of commenting on an issue that does or could affect the City, the Councilmember needs to shall state the majority position of the City Council, if known, on such issue. Personal opinions and comments which differ from those of the Council majority may be expressed if the Councilmember clarifies that these statements do not represent the City Council’s position, and the statements are those of the Councilmember as an individual. Additionally, before a Councilmember discusses anything that does or could relate to City liability, the Councilmember should talk to the City Attorney or the City’s Risk Manager, so that the Councilmember would have a better understanding of what may be said or how the discussion should go to control or minimize the City’s liability risk and exposure. 17.2 Councilmembers need to have other Councilmember’s concurrence before representing another Councilmember’s view or position with the media, another government agency or community organization. 17.3 Councilmembers shall not knowingly communicate with an opposing party or with an opposing attorney in connection with any pending or threatened litigation in which the City is a party or in connection with any disputed claim involving the City without the prior approval of the City Attorney, unless the Councilmember is individually a party to the litigation or is involved in the disputed claim separate from the Councilmember’s role as a City official. 17.4 Communication among Councilmembers shall conform to the following parameters: A. To assure that communication on agenda items occurs to the greatest extent possible at the public meetings, and to avoid even the perception that email is being used in a way that could constitute a public meeting, e.g., successive communications on City Council or Council Committee topics that involve a quorum of the Councilmembers or Committee members. Councilmembers should refrain from emailing Councilmembers about such agenda items. Councilmembers should be prepared to communicate about matters that are on upcoming Committee agendas or RES.F Page 272 of 436 Page 22 Council agendas at the public meetings. If Councilmembers wish to share information with other councilmembers about matters that are on upcoming agendas, the councilmembers should forward that information to the Mayor for distribution in the committee or council meeting packets. B. Councilmembers may communicate via email to other Councilmembers, including to a quorum of a Council committee or the full City Council about matters within the scope of the Committee’s authority or related to City business, but not yet scheduled on upcoming Committee or Council agendas, to indicate a desire that certain items be included on upcoming meeting agendas; provided that Councilmembers shall never ask for responses from the other Councilmembers in that communication. C. Email communication among Councilmembers relating to City operations should also include the Mayor as a recipient/addressee. D. Councilmembers may email the Mayor about City business without limitations or restrictions. 17.5 Internet & Electronic Resources/Equipment Use. A. Policy. It is the policy of the City Council that Internet and electronic resources equipment use shall conform to and be consistent with the requirements of City of Auburn Administrative Policy and Procedure 500- 03, “Internet & Electronic Resources/Equipment Use – Elected Officials” adopted hereby and incorporated herein by this reference. It is important to note that all letters, memoranda, and interactive computer communication involving City Councilmembers and members of advisory boards and commissions, the subject of which relates to the conduct of government or the performance of any governmental function, with exceptions stated by the Public Records Act (RCW 42.56), are public records. B. Electronic Communications. (1) Informal messages with no retention value and that do not relate to the functional responsibility of the recipient or sender as a public official, such as meeting notices, reminders, telephone messages and informal notes, do not constitute a public record. Users should delete these messages once their administrative purpose is served. (2) All other messages that relate to the functional responsibility of the recipient or sender as a public official constitute a public record. Such records are subject to public inspection and copying. RES.F Page 273 of 436 Page 23 (3) Electronic communications that are intended to be shared among a quorum of the City Council or Council Committee, whether concurrently or serially, must be considered in light of the Open Public Meetings Act. If the intended purpose of the electronic communication is to have a discussion that should be held at an open meeting, the electronic discussion shall not occur. Further, the use of electronic communication to form a collective decision of the Council shall not occur. (4) Electronic communication should be used cautiously when seeking legal advice or to discuss matters of pending litigation or other confidential City business. In general, electronic communication is discoverable in litigation, and even deleted electronic communication is not necessarily removed from the system. Confidential electronic communications should not be shared with individuals other than the intended recipients, or the attorney-client privilege protecting the document from disclosure may be waived. (5) Electronic communication between Councilmembers and between Councilmembers and staff shall not be transmitted to the public or news media without the filing of a public disclosure request with the City Clerk. (6) As a cautionary note, if an elected public official uses his or her personal home computer to send electronic communications dealing with City business, the electronic communications and electronic records may be subject to discovery demands and public disclosure requests. That possibility amplifies the need for caution in how one uses electronic communication for City business. 17.6 Different than where a City Councilmember is appointed by the City Council or the Mayor to serve as a member of a board, commission, committee, task force or any other advisory body, the City Council may appoint a Councilmember to serve as a non-member Liaison to a board, commission, committee, task force or any other advisory body. Anytime a Councilmember is appointed as such a Liaison, the position or role of Liaison is subordinate to that of Councilmember, and the Councilmember’s responsibility is first and foremost to the City and to the City Council. The role and responsibility of the Councilmember-Liaison is to keep the City Council and Council Committees apprised of the activities, positions and actions of the entity or organization to which the Councilmember has been appointed Liaison, and not to communicate to the board, commission, committee, task force or other advisory body a statement as the position of the City Council, except as authorized or directed by the City Council. RES.F Page 274 of 436 Page 24 17.7 Whenever a member of the City Council attends any meeting of any other entity or organization, he or she should endeavor to be prudent in what he or she says or does at such meeting. Further, the Councilmember should avoid attending such meeting if that attendance would impose an interference with the meeting or the operations of the other entity or organization, or of the operations of the City. SECTION 18 - TRAVEL AUTHORIZATION 18.1 In accordance with the City of Auburn travel policy, approvals or expenditure of travel related costs and/or approval of specific travel events or activities by Councilmembers beyond the authority provided in the travel policy shall be as follows: the requesting Councilmember shall submit his/her request to expend travel related costs and/or request for authorization for specific travel purposes to the Mayor to be included on an upcoming Council meeting agenda in advance of the date(s) of such expenditure or travel. The City Council may pursuant to a motion, approve the request by a majority vote of a quorum of the City Council at the meeting in which the matter is considered. SECTION 19 - CONFIDENTIALITY 19.1 Councilmembers shall keep confidential all written materials and verbal information provided to them during Executive Sessions, to ensure that the City’s position is not compromised. Confidentiality also includes information provided to Councilmembers outside of Executive Sessions when the information is considered by the exempt from disclosure under exemptions set forth in the Revised Code of Washington. SECTION 20 – ENFORCEMENT OF RULES OF PROCEDURE 20.1.1 Councilmembers shall conform their conduct to the requirements, standards and expectations set forth in these Rules of Procedure. In addition to and notwithstanding whatever other enforcement mechanisms may exist for legal, ethical or practical obligations on Councilmember performance or conduct, violations of these Rules of Procedure by Councilmembers may be enforced by action of the City Council through sanctions such as votes of censure or letters of reprimand, and such other action as may be permitted by law. RES.F Page 275 of 436 Page 25 City Council Rules of Procedure: Adopted: February 2, 2004 Ordinance No. 5802 Amended by Resolution No. 4282, December 17, 2007 Amended by Resolution No. 4429, December 15, 2008 Amended by Resolution No. 4467, April 6, 2009 Amended by Resolution No. 4615, July 6, 2010 Amended by Resolution No. 4686, February 22, 2011 Amended by Resolution No. 4740, August 15, 2011 Amended by Resolution No. 4813, May 21, 2012 RES.F Page 276 of 436 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4910 Date: February 11, 2013 Department: Public Works Attachments: Res 4910 Exhibit A Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4910. Background Summary: Resolution No. 4910 authorizes the Mayor to accept a federal grant in the amount of $307,550.00 administered through the Washington State Department of Transportation to finance the design and construction of the 37th Street and B Street NW Pre-Signal project. The federal grant requires a 20% match from local funding sources, which will be contributed by the 328 Fund in the amount of $76,900.00. The 37th Street and B Street NW Pre-Signal project will construct a new pre-signal, make modifications to the existing traffic signal, and install advanced railroad pre- emption for the at-grade Burlington Northern Santa Fe (BNSF) rail crossing intersection of 37th St NW and B St NW. This work will also mitigate the impacts from the proposed BNSF third mainline rail anticipated to be constructed in 2014. Reviewed by Council Committees: Finance, Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:February 19, 2013 Item Number:RES.G AUBURN * MORE THAN YOU IMAGINEDRES.G Page 277 of 436 RESOLUTION NO 4 9 1 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO ACCEPT A FEDERAL GRANT TO BE ADMINISTERED THROUGH THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION FOR THE 37TH STREET AND B ST NW PRE-SIGNAL PROJECT WHEREAS, the City desires to improve the safety and efficiency of the at-grade BNSF Railway Company crossing ("crossing") at the intersection of 37th Street NW and B Street NW; and WHEREAS, the need for improvements at the intersection of 37th Street NW and B Street NW is recognized in Auburn's adopted Transportation Improvement Program; and WHEREAS, installing a pre-signal at the BNSF railway crossing, thereby mitigating the impacts from the proposed BNSF third mainline rail, will improve the safety and efficiency of the at-grade crossing at the intersection of 37th Street NW and B Street NW; and WHEREAS, the City applied for, through the Puget Sound Regional Council PSRC), and was granted a federal grant to be administered by the Washington State Department of Transportation (WSDOT) in the amount of $307,550 00 to finance the design and construction phases of the 37th St and B St NW Pre-Signal project; and WHEREAS, the federal grant requires a 20% match from local funding sources, of which $76,900 00 is available through the 328 fund; and Resolution No. 4910 February 11, 2013 Page 1 of 3 RES.G Page 278 of 436 WHEREAS, it is in the best interest of the City to use grant monies to finance capital improvements to the transportation system. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to accept the federal grant for 307,550 00 for the 37th Street and B Street NW Pre-Signal project. In addition, the Mayor is hereby authorized to execute a Local Agency Agreement between the City and the Washington State Department of Transportation in substantial conformity with the agreement attached hereto, marked as Exhibit A and incorporated herein by this reference Also, the Mayor is hereby authorized to execute any further necessary supplemental agreements for the Project, expending up to the total amount of the grant of $307,550 00 Section 2. That the Mayor is authorized to implement such other 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 2013 CITY OF AUBURN PETER B LEWIS MAYOR Resolution No. 4910 February 11, 2013 Page 2 of 3 RES.G Page 279 of 436 ATTEST Danielle E. Daskam, City Clerk APPROVED A TO FORM: Daniel B Hei , City Attorney Resolution No. 4910 February 11, 2013 Page 3 of 3 RES.G Page 280 of 436 Local Agency Agreement Agency Official Washington State Department of Transportation By Title Date Executed By Director of Highways and Local Programs Agency Address City of Auburn 25 West Main Street Auburn, WA 98001 TheLocalAgencyhavingcomplied,orherebyagreeingtocomply,withthetermsandconditionssetforthin(1)Title23,U.S.CodeHighways,(2) theregulationsissuedpursuantthereto,(3)2CFR225,(4)OfficeofManagementandBudgetCircularsA-102,andA-133,(5)thepoliciesand procedurespromulgatedbytheWashingtonStateDepartment ofTransportation,and(6)thefederalaidprojectagreemententeredintobetweenthe StateandFederalGovernment,relativetotheaboveproject,theWashingtonStateDepartmentofTransportationwillauthorizetheLocalAgencyto proceedontheprojectbyaseparatenotification.Federalfundswhicharetobeobligatedfortheprojectmaynotexceedtheamountshownhereinon liner,column3,withoutwrittenauthoritybytheState,subjecttotheapprovaloftheFederalHighwayAdministration.Allprojectcostsnot reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Description of Work Name Length Termini The 37th St and B St NW Pre-Signal Project 0.06 miles 37th St NW from BNSF Railway to B St NW Type of Work Estimate of Funding (1)(2)(3) PE Right of Way Construction a. Agency b. Other d. State e. Total PE Cost Estimate (a+b+c+d) Consultant 15,000.00 37,500.00 2,500.00 55,000.00 f. Agency g. Other i. State j. Total R/W Cost Estimate (f+g+h+i) k. Contract l. Other m. Other o. Agency p. State q. Total CN Cost Estimate (k+l+m+n+o+p) r. Total Project Cost Estimate (e+j+q)55,000.00 7,500.0030,000.00 500.002,000.00 11,000.0044,000.00 Federal Funds Estimated Funds Estimated Agency Project Funds Estimated Total 1 This project consists of constructing a pre-signal for eastbound traffic and related signal modifications at B St NW, advanced railroad pre-emption, and traffic monitoring cameras. 11,000.0044,000.00 For OSC WSDOT Use Only Project No. Agreement No. 3,000.0012,000.00 CFDA No. 20.205 Federal Aid Participation Ratio for PE Federal Aid Participation Ratio for RW Federal Aid Participation Ratio for CN 80 % % % (Catalog of Federal Domestic Assistance) Mayor h. Other c. Other n. Other DOTForm 140-039 EF Revised 09/2011RES.G Page 281 of 436 Construction Method of Financing (Check Method Selected) State Ad and Award Method A - Advance Payment - Agency Share of total construction cost (based on contract award) Method B - Withhold from gas tax the Agency's share of total construction cost (line 4, column 2) in the amount of $at $per month formonths. Local Force or Local Ad and Award Method C - Agency cost incurred with partial reimbursement The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth below. Adopted by official action on ,, Resolution/Ordinance No.4910 2 Provisions CertaintypesofworkandservicesshallbeprovidedbytheStateonthisprojectasrequestedbytheAgencyanddescribedintheTypeofWork above.Inaddition,theStatewillfurnishqualifiedpersonnelforthesupervisionandinspectionoftheworkinprogress.OnLocalAgencyadvertised andawardedprojects,thesupervisionandinspectionshall belimitedtoensuringallworkisinconformancewithapprovedplans,specifications,and federalaidrequirements.ThesalaryofsuchengineerorothersupervisorandallothersalariesandcostsincurredbyStateforcesupontheproject willbeconsideredacostthereof.AllcostsrelatedtothisprojectincurredbyemployeesoftheStateinthecustomarymanneronhighwaypayrolls and vouchers shall be charged as costs of the project. I. Scope of Work TheAgencyshallprovideallthework,labor,materials,and servicesnecessarytoperformtheprojectwhichisdescribedandsetforthindetailin the “Project Description” and “Type of Work.” WhentheStateactsforandonbehalfoftheAgency,theStateshallbedeemedanagentoftheAgencyandshallperformtheservicesdescribed andindicatedin“TypeofWork”onthefaceofthisagreement,inaccordancewithplansandspecificationsasproposedbytheAgencyandapproved by the State and the Federal Highway Administration. WhentheStateactsfortheAgencybutisnotsubjecttotherightofcontrolbytheAgency,theStateshallhavetherighttoperformthework subject to the ordinary procedures of the State and Federal Highway Administration. II. Delegation of Authority TheStateiswillingtofulfilltheresponsibilitiestotheFederalGovernmentbytheadministrationofthisproject.TheAgencyagreesthattheState shallhavethefullauthoritytocarryoutthisadministration.TheStateshallreview,process,andapprovedocumentsrequiredforfederalaid reimbursementinaccordancewithfederalrequirements.If theStateadvertisesandawardsthecontract,theStatewill furtheractfortheAgencyin allmattersconcerningtheprojectasrequestedbytheAgency.IftheLocalAgencyadvertisesandawardstheproject,the Stateshallreviewthework to ensure conformity with the approved plans and specifications. III. Project Administration IV. Availability of Records AllprojectrecordsinsupportofallcostsincurredandactualexpenditureskeptbytheAgencyaretobemaintainedinaccordancewithlocal governmentaccountingproceduresprescribedbytheWashingtonStateAuditor’sOffice,theU.S.DepartmentofTransportation,andthe WashingtonStateDepartmentofTransportation.TherecordsshallbeopentoinspectionbytheStateandFederalGovernmentatallreasonabletimes andshallberetainedandmadeavailableforsuchinspection foraperiodofnotlessthanthreeyearsfromthefinalpaymentofanyfederalaidfunds to the Agency. Copies of said records shall be furnished to the State and/or Federal Government upon request. TheAgencyagreesthatonfederalaidhighwayconstructionprojects,thecurrentfederalaidregulationswhichapplyto liquidateddamages relativetothebasisoffederalparticipationintheprojectcostshallbeapplicableintheeventthecontractorfailstocompletethecontractwithinthe contract time. V. Compliance with Provisions TheAgencyshallnotincuranyfederalaidparticipationcostsonanyclassificationofworkonthisprojectuntilauthorizedinwritingbytheState for each classification. The classifications of work for projects are: 1. Preliminary engineering. 2. Right of way acquisition. 3. Project construction. Intheeventthatrightofwayacquisition,oractualconstructionoftheroad,forwhichpreliminaryengineeringisundertakenisnotstartedbythe closingofthetenthfiscalyearfollowingthefiscalyearin whichtheagreementisexecuted,theAgencywillrepaytothe Statethesumorsumsof federal funds paid to the Agency under the terms of this agreement (see Section IX). TheAgencyagreesthatallstagesofconstructionnecessary toprovidetheinitiallyplannedcompletefacilitywithinthelimitsofthisprojectwill conformtoatleasttheminimumvaluessetbyapprovedstatewidedesignstandardsapplicabletothisclassofhighways,eventhoughsuchadditional work is financed without federal aid participation. VI. Payment and Partial Reimbursement Thetotalcostoftheproject,includingallreviewandengineeringcostsandotherexpensesoftheState,istobepaidbytheAgencyandbythe FederalGovernment.Federalfundingshallbeinaccordance withtheFederalTransportationAct,asamended,2CFR225andOfficeof ManagementandBudgetcircularsA-102andA-133.TheStateshallnotbeultimatelyresponsibleforanyofthecostsofthe project.TheAgency shallbeultimatelyresponsibleforallcostsassociatedwiththeprojectwhicharenotreimbursedbytheFederalGovernment.Nothinginthis agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. DOTForm 140-039 EF Revised 09/2011RES.G Page 282 of 436 DOTForm 140-039 EF Revised 09/2011 3 TheStateshallbilltheAgencyforallcostsincurredbytheStaterelativetotheproject.TheStateshallalsobilltheAgencyforthefederalfunds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section IX). MethodA –TheAgencywillplacewiththeState,within(20)daysafter theexecutionoftheconstructioncontract,anadvanceintheamountof theAgency’sshareofthetotalconstructioncostbasedonthecontractaward.TheStatewillnotifytheAgencyoftheexactamounttobedeposited withtheState.TheStatewillpayallcostsincurredunderthecontractuponpresentationofprogressbillingsfromthecontractor.Followingsuch payments,theStatewillsubmitabillingtotheFederalGovernmentforthefederalaidparticipationshareofthecost.Whentheprojectis substantiallycompletedandfinalactualcostsoftheprojectcanbedetermined,theStatewillpresenttheAgencywitha finalbillingshowingthe amountduetheStateortheamountduetheAgency.ThisbillingwillbeclearedbyeitherapaymentfromtheAgencytotheStateorbyarefund from the State to the Agency. MethodB –TheAgency’sshareofthetotalconstructioncostasshownonthefaceofthisagreementshallbewithheldfromitsmonthlyfueltax allotments.Thefaceofthisagreementestablishesthemonthsinwhichthewithholdingshalltakeplaceandtheexactamounttobewithheldeach month.Theextentofwithholdingwillbeconfirmedbyletter fromtheStateatthetimeofcontractaward.Uponreceiptofprogressbillingsfromthe contractor, the State will submit such billings to the Federal Government for payment of its participating portion of such billings. MethodC –TheAgencymaysubmitvoucherstotheStateintheformatprescribedbytheState,induplicate,notmorethanoncepermonthfor thosecostseligibleforFederalparticipationtotheextentthatsuchcostsaredirectlyattributableandproperlyallocabletothisproject.Expenditures bytheLocalAgencyformaintenance,generaladministration,supervision,andotheroverheadshallnotbeeligiblefor Federalparticipationunless claimed under a previously approved indirect cost plan. TheStateshallreimbursetheAgencyfortheFederalshareof eligibleprojectcostsuptotheamountshownonthefaceofthisagreement.Atthe time of audit, the Agency will provide documentation of all costs incurred on the project. TheAgency,ifservicesofaconsultantarerequired,shallberesponsibleforauditoftheconsultant’srecordstodetermineeligiblefederalaid costs on the project. The report of said audit shall be in the Agency’s files and made available to the State and the Federal Government. VII. Audit of Federal Consultant Contracts AnauditshallbeconductedbytheWSDOTInternalAuditOfficeinaccordancewithgenerallyacceptedgovernmentalauditingstandardsas issuedbytheUnitedStatesGeneralAccountingOfficebythe ComptrollerGeneraloftheUnitedStates;WSDOTManualM27-50,Consultant Authorization,Selection,andAgreementAdministration;memorandaofunderstandingbetweenWSDOTandFHWA;andOfficeofManagement and Budget Circular A-133. Ifuponaudititisfoundthatoverpaymentorparticipationoffederalmoneyinineligibleitemsofcosthasoccurred,the Agencyshallreimburse the State for the amount of such overpayment or excess participation (see Section IX). TheAgencyagreesthatifpaymentorarrangementforpayment ofanyoftheState’sbillingrelativetotheproject(e.g.,Stateforcework,project cancellation,overpayment,costineligibleforfederalparticipation,etc.)isnotmadetotheStatewithin45daysaftertheAgencyhasbeenbilled,the StateshalleffectreimbursementofthetotalsumduefromtheregularmonthlyfueltaxallotmentstotheAgencyfromtheMotorVehicleFund.No additionalFederalprojectfundingwillbeapproveduntilfullpaymentisreceivedunlessotherwisedirectedtheDirectorofHighwaysandLocal Programs. IX. Payment of Billing TheAgencywillnotpermitanychangestobemadeintheprovisionsforparkingregulationsandtrafficcontrolonthisprojectwithoutprior approvaloftheStateandFederalHighwayAdministration.TheAgencywillnotinstallorpermittobeinstalledanysigns,signals,ormarkingsnot inconformancewiththestandardsapprovedbytheFederalHighwayAdministrationandMUTCD.TheAgencywill,atitsownexpense,maintain the improvement covered by this agreement. X. Traffic Control, Signing, Marking, and Roadway Maintenance TheAgencyshallholdtheFederalGovernmentandtheStateharmlessfromandshallprocessanddefendatitsownexpenseallclaims,demands, or suits, whether at law or equity brought against the Agency, State, or Federal Government, arising from the Agency’s execution, XI. Indemnity TheAgency,asasubrecipientoffederalfunds,shalladhere tothefederalOfficeofManagementandBudget(OMB)CircularA-133aswellasall applicablefederalandstatestatutesandregulations.Asubrecipientwhoexpends$500,000ormoreinfederalawardsfromallsourcesduringa givenfiscalyearshallhaveasingleorprogram-specificauditperformedforthatyearinaccordancewiththeprovisionsofOMBCircularA-133. Upon conclusion of the A-133 audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State. VIII. Single Audit Act TheAgencyshallbillthestateforfederalaidprojectcosts incurredinconformitywithapplicablefederalandstatelaws.Theagencyshall minimizethetimeelapsedbetweenreceiptoffederalaidfundsandsubsequentpaymentofincurredcosts.ExpendituresbytheLocalAgencyfor maintenance,generaladministration,supervision,andotheroverheadshallnotbeeligibleforfederalparticipationunlessacurrentindirectcostplan hasbeenpreparedinaccordancewiththeregulationsoutlinedin2CFR225-CostPrinciplesforState,Local,andIndianTribalGovernment,and retained for audit. TheStatewillpayforStateincurredcostsontheproject.Followingpayment,theStateshallbilltheFederalGovernmentforreimbursementof thosecostseligibleforfederalparticipationtotheextentthatsuchcostsareattributableandproperlyallocableto thisproject.TheStateshallbillthe Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section IX). 1. Project Construction Costs Project construction financing will be accomplished by one of the three methods as indicated in this agreement. RES.G Page 283 of 436 No liability shall attach to the State or Federal Government except as expressly provided herein. TheAgencyherebyagreesthatitwillincorporateorcauseto beincorporatedintoanycontractforconstructionwork,or modificationthereof,as definedintherulesandregulationsoftheSecretaryofLaborin41CFRChapter60,whichispaidforinwholeorinpartwith fundsobtainedfrom theFederalGovernmentorborrowedonthecreditoftheFederalGovernmentpursuanttoagrant,contract,loan,insurance,orguaranteeor understandingpursuanttoanyfederalprograminvolvingsuchgrant,contract,loan,insurance,orguarantee,therequiredcontractprovisionsfor Federal-Aid Contracts (FHWA 1273), located in Chapter 44 of the Local Agency Guidelines. XII. Nondiscrimination Provision TheAgencyfurtheragreesthatitwillbeboundbytheaboveequalopportunityclausewithrespecttoitsownemploymentpracticeswhenit participatesinfederallyassistedconstructionwork:Provided,thatiftheapplicantsoparticipatingisaStateorLocalGovernment,theaboveequal opportunityclauseisnotapplicabletoanyagency,instrumentality,orsubdivisionofsuchgovernmentwhichdoesnotparticipateinworkonor under the contract. The Agency also agrees: (1)ToassistandcooperateactivelywiththeStateinobtainingthecomplianceofcontractorsandsubcontractorswiththeequalopportunity clause and rules, regulations, and relevant orders of the Secretary of Labor. (2)TofurnishtheStatesuchinformationasitmayrequireforthesupervisionofsuchcomplianceandthatitwillotherwiseassisttheStatein the discharge of its primary responsibility for securing compliance. (3)TorefrainfromenteringintoanycontractorcontractmodificationsubjecttoExecutiveOrder11246ofSeptember24,1965,witha contractordebarredfrom,orwhohasnotdemonstratedeligibilityfor,governmentcontractsandfederallyassistedconstructioncontracts pursuant to the Executive Order. (4)Tocarryoutsuchsanctionsandpenaltiesforviolationoftheequalopportunityclauseasmaybeimposeduponcontractorsand subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part II, subpart D of the Executive Order. TheAgencyshallnotdiscriminateonthebasisofrace,color,nationalorigin,orsexintheawardandperformanceofanyUSDOT-assisted contractand/oragreementorintheadministrationofitsDBEprogramortherequirementsof49CFRPart26.TheAgencyshalltakeallnecessary andreasonablestepsunder49CFRPart26toensurenondiscriminationintheawardandadministrationofUSDOT-assisted contractsand agreements.TheWSDOT’sDBEprogram,asrequiredby49CFRPart26andasapprovedbyUSDOT,isincorporatedbyreferenceinthis agreement.Implementationofthisprogramisalegalobligationandfailuretocarryoutitstermsshallbetreatedasaviolationofthisagreement. UponnotificationtotheAgencyofitsfailuretocarryoutitsapprovedprogram,theDepartmentmayimposesanctionsasprovidedforunderPart26 andmay,inappropriatecases,referthematterforenforcementunder18U.S.C.1001and/ortheProgramFraudCivilRemediesActof1986(31U. S.C. 3801 et seq.). 4 TheSecretaryoftheWashingtonStateDepartmentofTransportationmayterminatethecontractinwhole,orfromtimetotimeinpart, whenever: XIV. Termination for Public Convenience (1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise. (2)ThecontractorispreventedfromproceedingwiththeworkasadirectresultofanExecutiveOrderofthePresidentwithrespecttothe prosecutionofwarorintheinterestofnationaldefense,or anExecutiveOrderofthePresidentorGovernoroftheStatewithrespecttothe preservation of energy resources. (3)Thecontractorispreventedfromproceedingwiththeworkbyreasonofapreliminary,special,orpermanentrestrainingorderofa courtofcompetentjurisdictionwheretheissuanceofsuchorderisprimarilycausedbytheactsoromissionsofpersonsoragenciesotherthan the contractor. (4) The Secretary determines that such termination is in the best interests of the State. Fortheconvenienceofthepartiestothiscontract,itisagreedthatanyclaimsand/orcausesofactionwhichtheLocalAgencyhasagainstthe StateofWashington,growingoutofthiscontractortheprojectwithwhichitisconcerned,shallbebroughtonlyintheSuperiorCourtforThurston County. XV. Venue for Claims and/or Causes of Action Inaddition,theAgencyagreesthatifitfailsorrefusestocomplywiththeseundertakings,theStatemaytakeanyorallofthefollowing actions: (a) Cancel, terminate, or suspend this agreement in whole or in part; (b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency; and (c) Refer the case to the Department of Justice for appropriate legal proceedings. TheAgencyherebyagreesthattheliquidateddamagesprovisionsof23CFRPart635,Subpart127,assupplemented,relativetotheamountof Federalparticipationintheprojectcost,shallbeapplicableintheeventthecontractorfailstocompletethecontractwithinthecontracttime.Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph. XIII. Liquidated Damages DOTForm 140-039 EF Revised 09/2011 performance,orfailuretoperformanyoftheprovisionsofthisagreement,orofanyotheragreementorcontractconnectedwiththisagreement,or arisingbyreasonoftheparticipationoftheStateorFederalGovernmentintheproject,PROVIDED,nothinghereinshall requiretheAgencyto reimbursetheStateortheFederalGovernmentfordamagesarisingoutofbodilyinjurytopersonsordamagetopropertycausedbyorresultingfrom the sole negligence of the Federal Government or the State. RES.G Page 284 of 436 The approving authority certifies, to the best of his or her knowledge and belief, that: XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying (1)Nofederalappropriatedfundshavebeenpaidorwillbepaid,byoronbehalfoftheundersigned,toanypersonforinfluencingorattempting toinfluenceanofficeroremployeeofanyfederalagency,amemberofCongress,anofficeroremployeeofCongress,oranemployeeofamember ofCongressinconnectionwiththeawardingofanyfederalcontract,themakingofanyfederalgrant,themakingofanyfederalloan,theentering intoofanycooperativeagreement,andtheextension,continuation,renewal,amendment,ormodificationofanyfederalcontract,grant,loan,or cooperative agreement. (2)Ifanyfundsotherthanfederalappropriatedfundshavebeenpaidorwillbepaidtoanypersonforinfluencingorattemptingtoinfluencean officeroremployeeofanyfederalagency,amemberofCongress,anofficeroremployeeofCongress,oranemployeeofamemberofCongressin connectionwiththisfederalcontract,grant,loan,orcooperativeagreement,theundersignedshallcompleteandsubmittheStandardForm-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (3)Theundersignedshallrequirethatthelanguageofthiscertificationbeincludedintheawarddocumentsforallsubawardsatalltiers (includingsubgrants,andcontractsandsubcontractsundergrants,subgrants,loans,andcooperativeagreements)whichexceed$100,000,andthatall such subrecipients shall certify and disclose accordingly. Thiscertificationisamaterialrepresentationoffactuponwhichreliancewasplacedwhenthistransactionwasmadeor enteredinto.Submission ofthiscertificationasaprerequisiteformakingorenteringintothistransactionimposedbySection1352,Title31,U.S.Code.Anypersonwhofails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Additional Provisions 5DOTForm 140-039 EF Revised 09/2011RES.G Page 285 of 436 RES.G Page 286 of 436 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4912 Date: February 12, 2013 Department: Public Works Attachments: Res 4912 Exhibit A Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4912. Background Summary: Resolution No. 4912 authorizes the Mayor to accept a federal grant in the amount of $560,000.00 from the Puget Sound Regional Council, to be administered through the Washington State Department of Transportation, to finance the design and construction of the West Valley Highway System Preservation project. The federal grant requires a minimum 13.5% match from local funding sources; however, the total project cost is estimated to be $1,120,000.00 so $560,000.00 has been budgeted in the 105 (Arterial/Collector Street Pavement Preservation) fund for this project. The West Valley Highway System Preservation project will overlay West Valley Highway between 15th Street NW and 37th Street NW with a 2 to 3-inch layer of new asphalt pavement. This work will prevent deterioration of the existing pavement and improve the driving surface of the street. Reviewed by Council Committees: Finance, Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:February 19, 2013 Item Number:RES.H AUBURN * MORE THAN YOU IMAGINEDRES.H Page 287 of 436 RESOLUTION NO. 4 9 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO ACCEPT A FEDERAL GRANT TO BE ADMINISTERED THROUGH THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION FOR THE WEST VALLEY HIGHWAY SYSTEM PRESERVATION PROJECT WHEREAS, the City desires to improve and preserve the pavement on West Valley Highway between 15th Street NW and 37th Street NW; and WHEREAS, the need for pavement preservation improvements on West Valley Highway between 15th Street NW and 37th Street NW is recognized in Auburn's adopted Transportation Improvement Program, and WHEREAS, overlaying West Valley Highway from 15th Street NW to 37th Street NW will preserve and improve the pavement of West Valley Highway; and WHEREAS, the City applied for, through the Puget Sound Regional Council PSRC), and was granted a federal grant to be administered by the Washington State Department of Transportation (WSDOT) in the amount of $560,000 00 to finance the design and construction phases of the West Valley Highway System Preservation Project; and WHEREAS, the federal grant requires a minimum 13 5% match from local funding sources, of which the City plans to exceed this minimum requirement and has 560,000 00 available through the 105 fund, and Resolution No 4912 February 12, 2013 Page 1 RES.H Page 288 of 436 WHEREAS, it is in the best interest of the City to use grant monies to finance capital improvements to the transportation system. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows. Section 1. That the Mayor is hereby authorized to accept the federal grant for 560,000 00 for the West Valley Highway System Improvement project. In addition, the Mayor is hereby authorized to execute a Local Agency Agreement between the City and the Washington State Department of Transportation in substantial conformity with the agreement attached hereto, marked as Exhibit A and incorporated herein by this reference. Also, the Mayor is hereby authorized to execute any further necessary supplemental agreements for the Project, expending up to the total amount of the grant of $560,000 00 Section 2. That the Mayor is authorized to implement such other 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 2013 CITY OF AUBURN PETER B LEWIS MAYOR Resolution No. 4912 February 12, 2013 Page 2 RES.H Page 289 of 436 ATTEST Danielle E. Daskam, City Clerk APPROVED AVS TO FORM: Daniel B H City Attorney Resolution No. 4912 February 12, 2013 Page 3 RES.H Page 290 of 436 Local Agency Agreement Agency Official Washington State Department of Transportation By Title Date Executed By Director of Highways and Local Programs Agency Address City of Auburn 25 West Main St Auburn, WA 98001-4998 TheLocalAgencyhavingcomplied,orherebyagreeingtocomply,withthetermsandconditionssetforthin(1)Title23,U.S.CodeHighways,(2) theregulationsissuedpursuantthereto,(3)2CFR225,(4)OfficeofManagementandBudgetCircularsA-102,andA-133,(5)thepoliciesand procedurespromulgatedbytheWashingtonStateDepartmentofTransportation,and(6)thefederalaidprojectagreemententeredintobetweenthe StateandFederalGovernment,relativetotheaboveproject,theWashingtonStateDepartmentofTransportationwillauthorizetheLocalAgencyto proceedontheprojectbyaseparatenotification.Federalfundswhicharetobeobligatedfortheprojectmaynotexceedtheamountshownhereinon liner,column3,withoutwrittenauthoritybytheState,subjecttotheapprovaloftheFederalHighwayAdministration.Allprojectcostsnot reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Description of Work Name Length Termini West Valley Highway System Preservation 1.30 miles 15th St NW to 37th St NW Type of Work Estimate of Funding (1)(2)(3) PE Right of Way Construction a. Agency b. Other d. State e. Total PE Cost Estimate (a+b+c+d) Non-Participating 77,168.00 56,543.00 289.00 134,000.00 f. Agency g. Other i. State j. Total R/W Cost Estimate (f+g+h+i) k. Contract l. Other m. Other o. Agency p. State q. Total CN Cost Estimate (k+l+m+n+o+p) r. Total Project Cost Estimate (e+j+q)134,000.00 56,543.00 0.00 39.00 250.00 67,000.00 67,000.00 Federal Funds Estimated Funds Estimated Agency Project Funds Estimated Total 1 The West Valley Highway System Preservation project will overlay the street pavement between 15th Street NW and 37th Street NW. This entails the installation of a leveling course, providing a 2”-3” thick asphalt concrete overlay, and includes minor surface utility adjustments. 67,000.0067,000.00 For OSC WSDOT Use Only Project No. Agreement No. 10,418.00 66,750.00 CFDA No. 20.205 Federal Aid Participation Ratio for PE Federal Aid Participation Ratio for RW Federal Aid Participation Ratio for CN 86.5 % % % (Catalog of Federal Domestic Assistance) Peter B. Lewis, Mayor h. Other c. Other n. Other DOTForm 140-039 EF Revised 09/2011 Resolution No. 4912 EXHIBIT ARES.H Page 291 of 436 Construction Method of Financing (Check Method Selected) State Ad and Award Method A - Advance Payment - Agency Share of total construction cost (based on contract award) Method B - Withhold from gas tax the Agency's share of total construction cost (line 4, column 2) in the amount of $at $per month for months. Local Force or Local Ad and Award Method C - Agency cost incurred with partial reimbursement The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth below. Adopted by official action on ,, Resolution/Ordinance No.4912 2 Provisions CertaintypesofworkandservicesshallbeprovidedbytheStateonthisprojectasrequestedbytheAgencyanddescribedintheTypeofWork above.Inaddition,theStatewillfurnishqualifiedpersonnelforthesupervisionandinspectionoftheworkinprogress.OnLocalAgencyadvertised andawardedprojects,thesupervisionandinspectionshallbelimitedtoensuringallworkisinconformancewithapprovedplans,specifications,and federalaidrequirements.ThesalaryofsuchengineerorothersupervisorandallothersalariesandcostsincurredbyStateforcesupontheproject willbeconsideredacostthereof.AllcostsrelatedtothisprojectincurredbyemployeesoftheStateinthecustomarymanneronhighwaypayrolls and vouchers shall be charged as costs of the project. I. Scope of Work TheAgencyshallprovideallthework,labor,materials,andservicesnecessarytoperformtheprojectwhichisdescribedandsetforthindetailin the “Project Description” and “Type of Work.” WhentheStateactsforandonbehalfoftheAgency,theStateshallbedeemedanagentoftheAgencyandshallperformtheservicesdescribed andindicatedin“TypeofWork”onthefaceofthisagreement,inaccordancewithplansandspecificationsasproposedbytheAgencyandapproved by the State and the Federal Highway Administration. WhentheStateactsfortheAgencybutisnotsubjecttotherightofcontrolbytheAgency,theStateshallhavetherighttoperformthework subject to the ordinary procedures of the State and Federal Highway Administration. II. Delegation of Authority TheStateiswillingtofulfilltheresponsibilitiestotheFederalGovernmentbytheadministrationofthisproject.TheAgencyagreesthattheState shallhavethefullauthoritytocarryoutthisadministration.TheStateshallreview,process,andapprovedocumentsrequiredforfederalaid reimbursementinaccordancewithfederalrequirements.IftheStateadvertisesandawardsthecontract,theStatewillfurtheractfortheAgencyin allmattersconcerningtheprojectasrequestedbytheAgency.IftheLocalAgencyadvertisesandawardstheproject,theStateshallreviewthework to ensure conformity with the approved plans and specifications. III. Project Administration IV. Availability of Records AllprojectrecordsinsupportofallcostsincurredandactualexpenditureskeptbytheAgencyaretobemaintainedinaccordancewithlocal governmentaccountingproceduresprescribedbytheWashingtonStateAuditor’sOffice,theU.S.DepartmentofTransportation,andthe WashingtonStateDepartmentofTransportation.TherecordsshallbeopentoinspectionbytheStateandFederalGovernmentatallreasonabletimes andshallberetainedandmadeavailableforsuchinspectionforaperiodofnotlessthanthreeyearsfromthefinalpaymentofanyfederalaidfunds to the Agency. Copies of said records shall be furnished to the State and/or Federal Government upon request. TheAgencyagreesthatonfederalaidhighwayconstructionprojects,thecurrentfederalaidregulationswhichapplytoliquidateddamages relativetothebasisoffederalparticipationintheprojectcostshallbeapplicableintheeventthecontractorfailstocompletethecontractwithinthe contract time. V. Compliance with Provisions TheAgencyshallnotincuranyfederalaidparticipationcostsonanyclassificationofworkonthisprojectuntilauthorizedinwritingbytheState for each classification. The classifications of work for projects are: 1. Preliminary engineering. 2. Right of way acquisition. 3. Project construction. Intheeventthatrightofwayacquisition,oractualconstructionoftheroad,forwhichpreliminaryengineeringisundertakenisnotstartedbythe closingofthetenthfiscalyearfollowingthefiscalyearinwhichtheagreementisexecuted,theAgencywillrepaytotheStatethesumorsumsof federal funds paid to the Agency under the terms of this agreement (see Section IX). TheAgencyagreesthatallstagesofconstructionnecessarytoprovidetheinitiallyplannedcompletefacilitywithinthelimitsofthisprojectwill conformtoatleasttheminimumvaluessetbyapprovedstatewidedesignstandardsapplicabletothisclassofhighways,eventhoughsuchadditional work is financed without federal aid participation. VI. Payment and Partial Reimbursement Thetotalcostoftheproject,includingallreviewandengineeringcostsandotherexpensesoftheState,istobepaidbytheAgencyandbythe FederalGovernment.FederalfundingshallbeinaccordancewiththeFederalTransportationAct,asamended,2CFR225andOfficeof ManagementandBudgetcircularsA-102andA-133.TheStateshallnotbeultimatelyresponsibleforanyofthecostsoftheproject.TheAgency shallbeultimatelyresponsibleforallcostsassociatedwiththeprojectwhicharenotreimbursedbytheFederalGovernment.Nothinginthis agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. DOTForm 140-039 EF Revised 09/2011 Resolution No. 4912 EXHIBIT ARES.H Page 292 of 436 DOTForm 140-039 EF Revised 09/2011 3 TheStateshallbilltheAgencyforallcostsincurredbytheStaterelativetotheproject.TheStateshallalsobilltheAgencyforthefederalfunds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section IX). MethodA –TheAgencywillplacewiththeState,within(20)daysaftertheexecutionoftheconstructioncontract,anadvanceintheamountof theAgency’sshareofthetotalconstructioncostbasedonthecontractaward.TheStatewillnotifytheAgencyoftheexactamounttobedeposited withtheState.TheStatewillpayallcostsincurredunderthecontractuponpresentationofprogressbillingsfromthecontractor.Followingsuch payments,theStatewillsubmitabillingtotheFederalGovernmentforthefederalaidparticipationshareofthecost.Whentheprojectis substantiallycompletedandfinalactualcostsoftheprojectcanbedetermined,theStatewillpresenttheAgencywithafinalbillingshowingthe amountduetheStateortheamountduetheAgency.ThisbillingwillbeclearedbyeitherapaymentfromtheAgencytotheStateorbyarefund from the State to the Agency. MethodB –TheAgency’sshareofthetotalconstructioncostasshownonthefaceofthisagreementshallbewithheldfromitsmonthlyfueltax allotments.Thefaceofthisagreementestablishesthemonthsinwhichthewithholdingshalltakeplaceandtheexactamounttobewithheldeach month.TheextentofwithholdingwillbeconfirmedbyletterfromtheStateatthetimeofcontractaward.Uponreceiptofprogressbillingsfromthe contractor, the State will submit such billings to the Federal Government for payment of its participating portion of such billings. MethodC –TheAgencymaysubmitvoucherstotheStateintheformatprescribedbytheState,induplicate,notmorethanoncepermonthfor thosecostseligibleforFederalparticipationtotheextentthatsuchcostsaredirectlyattributableandproperlyallocabletothisproject.Expenditures bytheLocalAgencyformaintenance,generaladministration,supervision,andotheroverheadshallnotbeeligibleforFederalparticipationunless claimed under a previously approved indirect cost plan. TheStateshallreimbursetheAgencyfortheFederalshareofeligibleprojectcostsuptotheamountshownonthefaceofthisagreement.Atthe time of audit, the Agency will provide documentation of all costs incurred on the project. TheAgency,ifservicesofaconsultantarerequired,shallberesponsibleforauditoftheconsultant’srecordstodetermineeligiblefederalaid costs on the project. The report of said audit shall be in the Agency’s files and made available to the State and the Federal Government. VII. Audit of Federal Consultant Contracts AnauditshallbeconductedbytheWSDOTInternalAuditOfficeinaccordancewithgenerallyacceptedgovernmentalauditingstandardsas issuedbytheUnitedStatesGeneralAccountingOfficebytheComptrollerGeneraloftheUnitedStates;WSDOTManualM27-50,Consultant Authorization,Selection,andAgreementAdministration;memorandaofunderstandingbetweenWSDOTandFHWA;andOfficeofManagement and Budget Circular A-133. Ifuponaudititisfoundthatoverpaymentorparticipationoffederalmoneyinineligibleitemsofcosthasoccurred,theAgencyshallreimburse the State for the amount of such overpayment or excess participation (see Section IX). TheAgencyagreesthatifpaymentorarrangementforpaymentofanyoftheState’sbillingrelativetotheproject(e.g.,Stateforcework,project cancellation,overpayment,costineligibleforfederalparticipation,etc.)isnotmadetotheStatewithin45daysaftertheAgencyhasbeenbilled,the StateshalleffectreimbursementofthetotalsumduefromtheregularmonthlyfueltaxallotmentstotheAgencyfromtheMotorVehicleFund.No additionalFederalprojectfundingwillbeapproveduntilfullpaymentisreceivedunlessotherwisedirectedtheDirectorofHighwaysandLocal Programs. IX. Payment of Billing TheAgencywillnotpermitanychangestobemadeintheprovisionsforparkingregulationsandtrafficcontrolonthisprojectwithoutprior approvaloftheStateandFederalHighwayAdministration.TheAgencywillnotinstallorpermittobeinstalledanysigns,signals,ormarkingsnot inconformancewiththestandardsapprovedbytheFederalHighwayAdministrationandMUTCD.TheAgencywill,atitsownexpense,maintain the improvement covered by this agreement. X. Traffic Control, Signing, Marking, and Roadway Maintenance TheAgencyshallholdtheFederalGovernmentandtheStateharmlessfromandshallprocessanddefendatitsownexpenseallclaims,demands, or suits, whether at law or equity brought against the Agency, State, or Federal Government, arising from the Agency’s execution, XI. Indemnity TheAgency,asasubrecipientoffederalfunds,shalladheretothefederalOfficeofManagementandBudget(OMB)CircularA-133aswellasall applicablefederalandstatestatutesandregulations.Asubrecipientwhoexpends$500,000ormoreinfederalawardsfromallsourcesduringa givenfiscalyearshallhaveasingleorprogram-specificauditperformedforthatyearinaccordancewiththeprovisionsofOMBCircularA-133. Upon conclusion of the A-133 audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State. VIII. Single Audit Act TheAgencyshallbillthestateforfederalaidprojectcostsincurredinconformitywithapplicablefederalandstatelaws.Theagencyshall minimizethetimeelapsedbetweenreceiptoffederalaidfundsandsubsequentpaymentofincurredcosts.ExpendituresbytheLocalAgencyfor maintenance,generaladministration,supervision,andotheroverheadshallnotbeeligibleforfederalparticipationunlessacurrentindirectcostplan hasbeenpreparedinaccordancewiththeregulationsoutlinedin2CFR225-CostPrinciplesforState,Local,andIndianTribalGovernment,and retained for audit. TheStatewillpayforStateincurredcostsontheproject.Followingpayment,theStateshallbilltheFederalGovernmentforreimbursementof thosecostseligibleforfederalparticipationtotheextentthatsuchcostsareattributableandproperlyallocabletothisproject.TheStateshallbillthe Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section IX). 1. Project Construction Costs Project construction financing will be accomplished by one of the three methods as indicated in this agreement. Resolution No. 4912 EXHIBIT ARES.H Page 293 of 436 No liability shall attach to the State or Federal Government except as expressly provided herein. TheAgencyherebyagreesthatitwillincorporateorcausetobeincorporatedintoanycontractforconstructionwork,ormodificationthereof,as definedintherulesandregulationsoftheSecretaryofLaborin41CFRChapter60,whichispaidforinwholeorinpartwithfundsobtainedfrom theFederalGovernmentorborrowedonthecreditoftheFederalGovernmentpursuanttoagrant,contract,loan,insurance,orguaranteeor understandingpursuanttoanyfederalprograminvolvingsuchgrant,contract,loan,insurance,orguarantee,therequiredcontractprovisionsfor Federal-Aid Contracts (FHWA 1273), located in Chapter 44 of the Local Agency Guidelines. XII. Nondiscrimination Provision TheAgencyfurtheragreesthatitwillbeboundbytheaboveequalopportunityclausewithrespecttoitsownemploymentpracticeswhenit participatesinfederallyassistedconstructionwork:Provided,thatiftheapplicantsoparticipatingisaStateorLocalGovernment,theaboveequal opportunityclauseisnotapplicabletoanyagency,instrumentality,orsubdivisionofsuchgovernmentwhichdoesnotparticipateinworkonor under the contract. The Agency also agrees: (1)ToassistandcooperateactivelywiththeStateinobtainingthecomplianceofcontractorsandsubcontractorswiththeequalopportunity clause and rules, regulations, and relevant orders of the Secretary of Labor. (2)TofurnishtheStatesuchinformationasitmayrequireforthesupervisionofsuchcomplianceandthatitwillotherwiseassisttheStatein the discharge of its primary responsibility for securing compliance. (3)TorefrainfromenteringintoanycontractorcontractmodificationsubjecttoExecutiveOrder11246ofSeptember24,1965,witha contractordebarredfrom,orwhohasnotdemonstratedeligibilityfor,governmentcontractsandfederallyassistedconstructioncontracts pursuant to the Executive Order. (4)Tocarryoutsuchsanctionsandpenaltiesforviolationoftheequalopportunityclauseasmaybeimposeduponcontractorsand subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part II, subpart D of the Executive Order. TheAgencyshallnotdiscriminateonthebasisofrace,color,nationalorigin,orsexintheawardandperformanceofanyUSDOT-assisted contractand/oragreementorintheadministrationofitsDBEprogramortherequirementsof49CFRPart26.TheAgencyshalltakeallnecessary andreasonablestepsunder49CFRPart26toensurenondiscriminationintheawardandadministrationofUSDOT-assistedcontractsand agreements.TheWSDOT’sDBEprogram,asrequiredby49CFRPart26andasapprovedbyUSDOT,isincorporatedbyreferenceinthis agreement.Implementationofthisprogramisalegalobligationandfailuretocarryoutitstermsshallbetreatedasaviolationofthisagreement. UponnotificationtotheAgencyofitsfailuretocarryoutitsapprovedprogram,theDepartmentmayimposesanctionsasprovidedforunderPart26 andmay,inappropriatecases,referthematterforenforcementunder18U.S.C.1001and/ortheProgramFraudCivilRemediesActof1986(31U. S.C. 3801 et seq.). 4 TheSecretaryoftheWashingtonStateDepartmentofTransportationmayterminatethecontractinwhole,orfromtimetotimeinpart, whenever: XIV. Termination for Public Convenience (1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise. (2)ThecontractorispreventedfromproceedingwiththeworkasadirectresultofanExecutiveOrderofthePresidentwithrespecttothe prosecutionofwarorintheinterestofnationaldefense,oranExecutiveOrderofthePresidentorGovernoroftheStatewithrespecttothe preservation of energy resources. (3)Thecontractorispreventedfromproceedingwiththeworkbyreasonofapreliminary,special,orpermanentrestrainingorderofa courtofcompetentjurisdictionwheretheissuanceofsuchorderisprimarilycausedbytheactsoromissionsofpersonsoragenciesotherthan the contractor. (4) The Secretary determines that such termination is in the best interests of the State. Fortheconvenienceofthepartiestothiscontract,itisagreedthatanyclaimsand/orcausesofactionwhichtheLocalAgencyhasagainstthe StateofWashington,growingoutofthiscontractortheprojectwithwhichitisconcerned,shallbebroughtonlyintheSuperiorCourtforThurston County. XV. Venue for Claims and/or Causes of Action Inaddition,theAgencyagreesthatifitfailsorrefusestocomplywiththeseundertakings,theStatemaytakeanyorallofthefollowing actions: (a) Cancel, terminate, or suspend this agreement in whole or in part; (b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency; and (c) Refer the case to the Department of Justice for appropriate legal proceedings. TheAgencyherebyagreesthattheliquidateddamagesprovisionsof23CFRPart635,Subpart127,assupplemented,relativetotheamountof Federalparticipationintheprojectcost,shallbeapplicableintheeventthecontractorfailstocompletethecontractwithinthecontracttime.Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph. XIII. Liquidated Damages DOTForm 140-039 EF Revised 09/2011 performance,orfailuretoperformanyoftheprovisionsofthisagreement,orofanyotheragreementorcontractconnectedwiththisagreement,or arisingbyreasonoftheparticipationoftheStateorFederalGovernmentintheproject,PROVIDED,nothinghereinshallrequiretheAgencyto reimbursetheStateortheFederalGovernmentfordamagesarisingoutofbodilyinjurytopersonsordamagetopropertycausedbyorresultingfrom the sole negligence of the Federal Government or the State. Resolution No. 4912 EXHIBIT ARES.H Page 294 of 436 The approving authority certifies, to the best of his or her knowledge and belief, that: XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying (1)Nofederalappropriatedfundshavebeenpaidorwillbepaid,byoronbehalfoftheundersigned,toanypersonforinfluencingorattempting toinfluenceanofficeroremployeeofanyfederalagency,amemberofCongress,anofficeroremployeeofCongress,oranemployeeofamember ofCongressinconnectionwiththeawardingofanyfederalcontract,themakingofanyfederalgrant,themakingofanyfederalloan,theentering intoofanycooperativeagreement,andtheextension,continuation,renewal,amendment,ormodificationofanyfederalcontract,grant,loan,or cooperative agreement. (2)Ifanyfundsotherthanfederalappropriatedfundshavebeenpaidorwillbepaidtoanypersonforinfluencingorattemptingtoinfluencean officeroremployeeofanyfederalagency,amemberofCongress,anofficeroremployeeofCongress,oranemployeeofamemberofCongressin connectionwiththisfederalcontract,grant,loan,orcooperativeagreement,theundersignedshallcompleteandsubmittheStandardForm-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (3)Theundersignedshallrequirethatthelanguageofthiscertificationbeincludedintheawarddocumentsforallsubawardsatalltiers (includingsubgrants,andcontractsandsubcontractsundergrants,subgrants,loans,andcooperativeagreements)whichexceed$100,000,andthatall such subrecipients shall certify and disclose accordingly. Thiscertificationisamaterialrepresentationoffactuponwhichreliancewasplacedwhenthistransactionwasmadeorenteredinto.Submission ofthiscertificationasaprerequisiteformakingorenteringintothistransactionimposedbySection1352,Title31,U.S.Code.Anypersonwhofails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Additional Provisions 5DOTForm 140-039 EF Revised 09/2011 Resolution No. 4912 EXHIBIT ARES.H Page 295 of 436 RES.H Page 296 of 436 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4914 Date: February 12, 2013 Department: Planning and Development Attachments: Res 4914 Right of Way Deedication Deed Exhibit A Exhibit B Budget Impact: $0 Administrative Recommendation: City Council to introduce and adopt Resolution No. 4914. Background Summary: The City of Auburn is the owner of real property located at 810 NE 30th Street NE between Auburn Way North and I Street NE. During recent survey work, City staff discovered that this property partially encroached on City right-of-way, specifically along a portion of the property's I Street NE frontage. Resolution No. 4914 would authorize the Mayor to execute a dedication deed dedicating a portion of the property as City right-of- way. This action will correct and remove this encroachment into the right-of-way, thereby removing any potential for a cloud on the property. Reviewed by Council Committees: Finance, Public Works Other: Legal, Planning Councilmember:Backus Staff:Snyder Meeting Date:February 19, 2013 Item Number:RES.I AUBURN * MORE THAN YOU IMAGINEDRES.I Page 297 of 436 RESOLUTION NO 4 9 1 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE DEDICATION OF A PORTION OF CITY- OWNED PROPERTY AS CITY RIGHT-OF-WAY WHEREAS, the City owns property located at "I" Street NE and 30th Street NE, and WHEREAS, during a recent surrey City staff discovered that the property partially encroached on City right-of-way; and WHEREAS, in order to correct the property lines, staff recommends dedicating a portion of the property as City right-of-way NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to execute a Dedication Deed in substantially the form at Exhibit A, which is attached hereto and incorporated fully herein. 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. Resolution No. 4914 February 12, 2013 Page 1 of 2RES.I Page 298 of 436 Dated and Signed this day of 12013 CITY OF AUBURN PETER B LEWIS MAYOR ATTEST Danielle E. Daskam, City Clerk APPROVED TO FORM: Daniel B Heid, ity Attorney Resolution No. 4914 February 12, 2013 Page 2 of 2RES.I Page 299 of 436 Return Address: City of Auburn City Clerk 25 West Main Street Auburn, WA 98001-4998 Above this line reserved for recording information RIGHT OF WAY DEDICATION DEED Reference # (if applicable): N/A Grantor/Borrower: City of Auburn Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: A portion of Lot 2, City of Auburn Short Plat #SPL0001-96 recorded under recordng number #9605301424, in King County, Washington Assessor’s Tax Parcel ID#: 000100-0020-05 The Grantor, City of Auburn, for and in consideration of ten dollars, and other good and valuable consideration, in hand paid, dedicate and convey to the Grantee, City of Auburn a municipal corporation of the State of Washington, an easement for right of way, public street and public utility purposes, to the same effect as if acquired by eminent domain under the laws of the State of Washington, the following described real property: A Right-of-Way described as follows: SEE EXHIBITS ‘A’ AND ‘B’ ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Right of Way Dedication Deed Page 1 of 5 RES.I Page 300 of 436 City of Auburn Peter B. Lewis, Mayor Date: Attest: Danielle E. Daskam, City Cler Date: APPROVED AS TO FORM: By: Daniel B. Heid, City Attorney Date: STATE OF WASHINGTON ) ) ss. County of King ) I, the undersigned, a Notary Public, do hereby certify that on this _________ day of ____________________, 20______, personally appeared before me PETER B. LEWIS, to me known to be the individual described in and who executed the within instrument, and acknowledged that he signed and sealed the same as the free and voluntary act and deed of the City, for the purposes and uses therein mentioned, and on oath stated that he was duly authorized to execute said document. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Washington, Residing at My commission expires RES.I Page 301 of 436 RES.I Page 302 of 436 RES.I Page 303 of 436 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4915 Date: February 12, 2013 Department: Planning and Development Attachments: Res 4915 Attachment A Budget Impact: $0 Administrative Recommendation: The City Council introduce and adopt Resolution No. 4915. Background Summary: The City of Auburn received notification of amendments to the King County Countywide Planning Policies in late December 2012 for the City's consideration and possible ratification (Attachment A to the Resolution). The Metropolitan King County Council approved the amended Countywide Planning Policies on December 3, 2012. As noted in the transmittal letter, Countywide Planning Policies FW-1, Step 9, amendments to the Countywide Planning Policies become effective when ratified by ordinance or resolution by at least 30 percent of the city and county governments representing 70 percent of the population of King County. The transmittal letter further states that a city will be deemed to have ratified the Countywide Planning Policies amendments unless within 90 days it takes legislative action to disapprove the amendments. The transmittal letter further states that the deadline for receipt of any legislation by a local government pertaining to the amendments is March 4, 2013. The Countywide Planning Policies (CPPs) are required by the Growth Management Act (GMA) in Washington State and provide a countywide framework to coordinate local comprehensive plans. Originally drafted in the early 1990's, the CPPs described a vision for the county for the 1992-2012 planning period. The CPPs established a framework for the initial round of local comprehensive plans (required by GMA) that were adopted in the mid-1990s. The Countywide Planning Policies or CPPs are a series of policies that address growth management issues in King County. The Growth Management Planning Council (GMPC) is a formal body consisting of elected officials from King County, Seattle, Bellevue, other cities and towns in King County and special districts. The GMPC is charged with the creation and maintenance of the CPPs by recommending policies for adoption by the King County Council and ratification by all jurisdictions. Staff to the GMPC is working AUBURN * MORE THAN YOU IMAGINEDRES.J Page 304 of 436 collaboratively to provide the GMPC with policies for consideration. These proposed amendments were drafted to be consistent with the Multi-County Planning Policies from Vision 2040, which was adopted by the Puget Sound Regional County General Assembly in April 2008. A key feature of VISION is the Regional Growth Strategya pattern of preferred growth in the region that modifies growth assumptions in King County by focusing growth in cities based on their size and function within the region. The strategy directs growth within the existing Urban Growth Area to maintain current rural and resource lands into the future. The CPPs will promote this pattern of growth and provide the policy basis for King County jurisdictions as they update their comprehensive plans. Also, the CPPs will support the VISION approach to strengthen ?the region's economic, social, and environmental resiliency, while enhancing our ability to cope with adverse trends, including the challenges associated with climate change. Other new topics and areas that are covered in the update of the CPPS include: a) planning for healthy communities; b) planning for a transportation system that enables safe access for all users; c) climate change; d) equity and social justice considerations. In addition, other reasons for updating the Countywide Planning Policies include revised population, housing and employment growth targets in King County and the region; and general out datedness of the current CPPs as King County and its cities near the end of the 1992- 2012 planning period. The 2012 King County Countywide Planning Policies were reviewed by the Planning and Community Development Committee at their February 11, 2013 meeting. The Committee recommended to the full City Council on unanimous motion that the amendments be ratified. Reviewed by Council Committees: Finance, Planning And Community Development Other: Legal, Planning Councilmember:Backus Staff:Snyder Meeting Date:February 19, 2013 Item Number:RES.J AUBURN * MORE THAN YOU IMAGINEDRES.J Page 305 of 436 RESOLUTION NO. 4 9 15 A RESOLUTION OF THE CITY OF AUBURN, WASHINGTON, RATIFYING THE AMENDMENTS TO THE KING COUNTY COUNTYWIDE PLANNING POLICIES FOR CONSISTENCY WITH VISION 2040 WHEREAS, on July 1, 1990, the Growth Management Act (the GMA) became effective (Chapter 36.70A Revised Code of Washington), and WHEREAS, under federal and state law, the Puget Sound Regional Council PSRC) has specific responsibilities for transportation and growth management planning; and WHEREAS, PSRC adopted VISION 2040 as the growth management, environmental, economic, and transportation vision for the central Puget Sound region; and WHEREAS, VISION 2040 provides a common framework for the region's Metropolitan Transportation Plan and Regional Economic Strategy, as well as countywide planning policies and local comprehensive plans; and WHEREAS, the King County Countywide Planning Policies (CPPs) are adopted in accordance with the state Growth Management Act, under 36 70A.210 RCW; and WHEREAS, the CPPs establish a framework for guiding development in all King County jurisdictions; and WHEREAS, the City participated in the amendment process and helped develop the proposed amendments to the King County Countywide Planning Policies through participation in regional meetings through Sound Cities Association and the Inter- jurisdictional Team; and Resolution No. 4915 February 12, 2013 Page 1 of 3RES.J Page 306 of 436 WHEREAS, the proposed amendments to the King County Countywide Planning Policies were reviewed and recommended approval by the Growth Management Planning Council; and WHEREAS, amendments to the King County Countywide Planning Policies must be ratified by ordinance or resolution by at least 30 percent of the city and county governments representing 70 percent of the population of King County; and WHEREAS, the Metropolitan King County Council approved and ratified the amendments on behalf of unincorporated King County and became effective on December 13, 2012. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN HEREBY RESOLVES as follows: Section 1 The amendments to the King County Countywide Planning Policies, and renamed the 2012 King County Countywide Planning Policies as shown by Attachment A to this resolution are hereby ratified by the City of Auburn. Section 2. A certified copy of this Resolution shall be forwarded to the Clerk of the Metropolitan King County Council prior to March 4, 2013 Section 3. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. 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 Resolution No. 4915 February 12, 2013 Page 2 of 3RES.J Page 307 of 436 PETER B LEWIS MAYOR ATTEST Danielle E. Daskam, City Clerk APP VED S T FORM: Daniel B Heid, i Att Resolution No. 4915 February 12, 2013 Page 3 of 3RES.J Page 308 of 436 ATTACHMENT A RES.J Page 309 of 436 King County j,t f,jrili. LL ,j o:i: iil December 22, 2012 The Honorable Pete Lewis City of Auburn 25 West Main Street Auburn, WA 98001-4998 Dear Mayor Lewis: We are pleased to forward for your consideration and ratification the enclosed amendments to the King County Countywide Planning Policies (CPP). On December 3, 2012, the Metropolitan King County Council approved and ratified the amendments on behalf of unincorporated King County The two ordinances will become effective December 23, 2012. Copies of the King County Council staff reports, ordinances and Growth Management Planning Council motion are enclosed to assist you in your review of these amendments. In accordance with the Countywide Planning Policies, FW-1, Step 9, amendments become effective when ratified by ordinance or resolution by at least 30 percent of the city and county governments representing 70 percent of the population of King County according to the interlocal agreement. A city will be deemed to have ratified the CPP and amendments unless, within 90 days of adoption by King County, the city takes legislative action to disapprove theamendments. Please note that the 90-day deadline for this amendment is Monday, March 4, 2013. If you adopt any legislation concerning this action, please send a copy of the legislation by the close of business, Monday, March 4, 2013, to Anne Noris, Clerk of the Council, Room 1200, King County Courthouse, 518 Third Avenue, Seattle, WA 98104. RES.J Page 310 of 436 If you have any questions about the amendments or ratification process, please contact Paul Reitenbach, Project/Program Manager IV, King County Department of Permitting and Environmental Review, at 206-477-0345, or Rick Bautista, Metropolitan King County Council Staff, at 206-296-0329. Thank you for your prompt attention to this matter Sincerely, M4r J W Larry Gossett, Chair Dow Constantine Metropolitan King County Council King County Executive j Enclosures cc: King County City Planning Directors Suburban Cities Association John Starbard, Director, Department of Permitting and Environment Review DPER) Paul Reitenbach, Project/Program Manager IV, DPER Rick Bautista, Council Staff, Transportation, Environment and Economy Committee (TREE) RES.J Page 311 of 436 KING COUNTY 1200 King County Courthouse 516 ,Third Avenue A Seattle,WA 98104 am Signature Report King County December 4, 2012 Ordinance 17486 Proposed No.2012-0282.3 Sponsors Phillips 1 AN ORDINANCE relating to adoption and ratification of 2 the King County Countywide Planning Policies; adding a i 3 new section to K.C.C. chapter 20.10,decodifying K.C.C. 4 20.10.010,K.C.C. 20.10.020, K.C.C. 20.10.030,K.C.C. 5 20.10.040,K.C.C. 20.10.050, K.C.C. 20.10.065, K.C.C. 6 20.10.075 and K.C.C.20.10.076 and repealing Ordinance as amended and K.C.C. 20.10.060.7 10450, Section 6,I 8 STATEMENT OF FACTS: 9 1 The Countywide Planning Policies ("CPPs") are adopted in accordance 10 with the state Growth Management Act,under 36.70A.210 RCW 11 2. The Growth Management Planning Council ("GMPC")was formed in 12 1992 to guide the development of the CPPs. The GMPC is a 13 representative body of elected officials from King County, the city of 14 Seattle, the city of Bellevue and the Suburban Cities Association. 15 Representatives of the special districts serve as ex officio members. 16 3. The CPPs establish a framework for guiding development in all King 17 County jurisdictions. 1 RES.J Page 312 of 436 Ordinance 17486 18 4 The CPPs are deemed adopted when ratified by King County and the 19 requisite number of cities and satisfying the required population 20 percentage. 21 5. The GMPC recommends CPP amendments to the King County council 22 for consideration, possible revision and ratification. 23 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY 24 SECTION 1. Findings: 25 A. On September 21,2011, the Growth Management Planning Council adopted 26 Motion 11-1 approving the 2011 King County Countywide Planning Policies. 27 B. On March 31,2012,the school siting task force issued a final report. j 28 C. On April 4, 2012, the Growth Management Planning Council adopted Motion 29 12-1 adding land on the west bank of the Duwamish river to the city of Seattle Potential 30 Annexation Area. I 31 D On June 6,2012,the Growth Management Planning Council adopted Motion 32 12-2 implementing the recommendations of the school siting task force by adding new 33 policies and the Report of the School Siting Task Force as Appendix 5 to the Countywide 34 Planning Policies. 35 E. On June 6, 2012, the Growth Management Planning Council adopted Motion 36 12-3 adding a new housing chapter and revised housing appendix to the Countywide 37 Planning Policies. 38 F On June 6, 2012, the Growth Management Planning Council adopted Motion 39 12-4 adding land on the west side of 216th Ave SE to the city of Black Diamond 40 Potential Annexation Area. 2 RES.J Page 313 of 436 Ordinance 17486 41 G. Attachment A to this ordinance incorporates Motions 11-1, 12-1, 12-2, 12-3 42 and 12-4 into the 2012 King County Countywide Planning Policies. 43 SECTION 2. The amendments to the King County Countywide Planning 44 Policies,and renamed the 2012 King County Planning Policies, as shown in Attachment 45 A to this ordinance,are hereby adopted and ratified on behalf of the population of 46 unincorporated King County 47 NEW SECTION. SECTION 3. There is hereby added to K.C.C. chapter 20.10 a 48 new section to read as follows: 49 A. After the Growth Management Planning Council approves or amends the 5o Countywide Planning Policies, the executive, as its chair, shall timely transmit to the 51 King County council an ordinance adopting the Countywide Planning Policies or 52 amendments thereto. 53 B. The King County council shall refer the proposed ordinance transmitted by the 54 executive under subsection A. of this section to the committee on transportation, 55 economy and environment or its successor for review and consideration. If the King 56 County council recommends substantive revisions to the Countywide Planning Policies 57 or amendments approved by the Growth Management Planning Council, the King County 58 council may refer the proposed revisions to the Growth Management Planning Council 59 for its consideration and response. 60 C. Within ten days after the ordinance transmitted by the executive under 61 subsection A. of this section, as amended by the council, is effective, the clerk of the 62 King County council shall send the notice of enactment and the Countywide Planning 63 Policies and amendments to each city and town in King County for ratification as 3 RES.J Page 314 of 436 Ordinance 17486 64 provided for in the Countywide Planning Policies. Each city and town must take action 65 to ratify or reject the proposed Countywide Planning Policies or amendments as approved 66 by the King County council within ninety days after the date the ordinance approving the 67 Countywide Plamring Policies or amendments was enacted. Failure of a city or town to 68 take action and notify the clerk of the King County council within ninety days shall be 69 deemed to be approval by that city or town. The notice shall include the date by which 70 each city or town must respond with its response to ratify or reject the proposed 71 Countywide Planning Policies or amendments and where the response should be directed. 72 D. Countywide Planning Policies or amendments are ratified if approved by the i 73 county, cities and towns representing at least seventy percent of the county's population 74 and thirty percent of the jurisdictions. For ratification purposes, King County is the 75 jurisdiction representing the population in the unincorporated areas of the county 76 E. Within ten days after the date for response established by the clerk of the King 77 County council under subsection C. of this section, the clerk of the King County council 78 shall notify the executive, as chair of the Growth Management Planning Council,of the I 79 decision to ratify or not to ratify the Countywide Planning Policies or amendments. 80 SECTION 4. K.C.C. 20.10.010, K.C.C.20.10.020, K.C.C. 20.10.030,K.C.C. 81 20.10.040, K.C.C. 20.10.050,K.C.C. 20.10.065, K.C.C. 20.10.075 and K.C.C. 20.10.076 82 are each hereby decodified. 7 4 RES.J Page 315 of 436 i Ordinance 17486 83 SECTION 5. Ordinance 10450, Section 6, as amended, and K.C.C. 20.10.060 are 84 each hereby repealed. 85 Ordinance 17486 was introduced on 8/20/2012 and passed as amended by the Metropolitan King County Council on 12/3/2012, by the following vote:li Yes: 9 - Mr. Phillips,Mr. von Reichbauer,Mr. Gossett, Ms. Hague, Ms. Patterson, Ms. Lambert,Mr. Ferguson,Mr Dunn and Mr. McDermott No: 0 Excused. 0 KING COUNTY COUNCIL KING COUNTY,WASHINGTON Larry Gossett,Chair 4, N ATTEST Anne Noris,Clerk of the Council C: T ca q r' o APPROVED this 'J day oft C:Plj 2012. Dow Constantine,County Executive Attachments:A. 2012 King County Countywide Planning Policies,dated December 3,2012 5 RES.J Page 316 of 436 I 17486 i ATTACHMENT A 2012 King County Countywide Planning Policies i November, 2012 Amended December 3, 2012 i i i i I RES.J Page 317 of 436 e King County Countywide Planning Policies November2011 Amended December 3, 2012 2 CONTENTS 4 VISION 2040 STATEMENT 5 VISION&FRAMEWORK. 5 Vision for King County 2030 7 Framework. 9 Framework Policies I ENVIRONMENT Environmental Sustainability 11 12 Earth and Habitat. 13 i Flood Hazards. 13 Water Resources. 14 Air Quality and Climate Change 16 DEVELOPMENT PATTERNS. 1G Urban Growth Area 17 Urban Lands 18 Growth Targets. Amendments to the Urban Growth Area 21 22 Review and Evaluation Program 23 Joint Planning and Annexation. 24 Centers. 24 Urban Centers. 25 Manufacturing/Industrial Centers 26 Local Centers. Urban Design and Historic Preservation 27 Rural Area and Resource Lands 27 28 Rural Area 29 Resource Lands. 31 HOUSING Housing Inventory and Needs Analysis. 32 Strategies to Meet Housing Needs 32 34 Regional Cooperation F Measuring Results 34j 36 ECONOMY 37 0 Business Development U 38 People p Places. 38 U 2 RES.J Page 318 of 436 d King County Countywide Planning Policies November 2012 Amended December 3, 2012 TRANSPORTATION 40 Supporting Growth 40 Mobility 42 System Operations. 43 PUBLIC FACILITIES AND SERVICES 45 Urban and Rural Levels of Service. 45 Collaboration Among Jurisdictions 45 Utilities 46 Water Supply 46 Sewage Treatment and Disposal. 47 Solid Waste. 47 Energy 48 Telecommunications. 48 Human mid Community Services 48 Siting Public Capital Facilities 49 APPENDIX 1. LAND USE MAP 50 APPENDIX 2: POTENTIAL ANNEXATION AREAS MAP 51 APPENDIX 3: URBAN SEPARATORS MAPS 52 APPENDIX 4: HOUSING TECHNICAL APPENDIX 55 t APPENDIX 5: KING COUNTY SCHOOL SITING TASK FORCE REPORT 59 GLOSSARY 61 I I F z z0 U i~ z xU 3 RES.J Page 319 of 436 AA3 King County Countywide Planning Policies November 2012 Amended December 3, 2012 VISION 2040 STATEMENT The 2012 King County Countywide Planning Policies were prepared to address changes to the Growth Management Act,take into account the passage of 20 years since their initial adoption, and to specifically reflect the regional direction established in VISION 2040. Vision 2040 is the product of the Puget Sound Regional Council (PSRC),an association of cities, towns, counties, ports,tribes, and state agencies that serves as a forum for developing policies and making decisions about regional growth management,environmental,economic,and transportation issues in the four-county central Puget Sound region of Washington state (King, Kitsap, Pierce and Snohomish counties). Vision 2040's Regional Growth Strategy outlines how the four-county Puget Sound region should plan for additional population and employment growth. As made clear in the Regional Growth Strategy, all jurisdictions in King County have a role in accommodating growth, using sustainable and environmentally responsible development practices. The 2012 King County Countywide Planning Policies support this strategy and provide direction at the county and jurisdiction level with appropriate specificity and detail needed to guide consistent and useable local comprehensive plans and regulations. While VISION 2040 is consistent with the overall growth management strategy of the 1992 King County Countywide Planning Policies, restructuring the Countywide Planning Policies—into the six chapters of Environment, Development Patterns, Housing, Economy,Transportation,and Public Facilities and Services—was done to match the structure of VISION 2040. F WFQF 0v0N z 0 5 a U 4 RES.J Page 320 of 436 4'We King County Countywide Planning Policies November 2012 Amended December 3, 2012 VISION & FRAMEWORK Vision for Kind County 2030 It is the year 2030 and our county has changed significantly in the roughly 40 years that have elapsed since the first Countywide Planning Policies were adopted in 1992. In many ways this is a result of the successful public-private partnership that has supported a diversified, sustainable regional economy and has managed and accommodated growth while maintaining the quality of life and the natural environment throughout King County King County in 20301s characterized by Protected Critical Areas. Effective stewardship of the environment has preserved and protected the critical areas in the County, including wetlands,aquifer recharge areas,and fish and wildlife conservation areas. These critical areas continue to provide beneficial functions and values for reducing flooding, protecting water quality,supporting biodiversity, and enriching our quality of life for future generations as the as the region's population continues to grow Viable Rural Area.The Rural Area,established In 1992, is permanently protected with a clear boundary between Rural and Urban Areas. The successful protection of these lands is due in large part to continued innovation within the Urban Growth Area to create new ways to use land efficiently and sustainably In this way,there is minimal pressure to convert rural lands.The Rural Area is a viable option for those seeking a lifestyle contrast to the Urban Growth Area. The pressure to urbanize the Rural Area has also been lessened by market pressures to use the land for agriculture. Bountiful Agricultural Areas and Productive Forest Lands. More people are farming and a greater number of residents are benefiting from p King County agricultural products, which can be purchased through a network of farmers markets and farm stands throughout the county Since 2010,the j increase in productive farming in the Agricultural Production District and in the Rural Area has accelerated as more residents seek locally grown food.Thriving markets now exist throughout the county for these products.The forests of the z Pacific Northwest remain as some of the most productive in the world with large O scale commercial forestry prevalent in the eastern half of the county Vibrant,diverse and compact urban communities. Within the Urban Growth Area little undeveloped land now exists and urban U infrastructure has been extended to fully serve the entire Urban Growth Area. 5 RES.J Page 321 of 436 WJ King County Countywide Planning Policies November 2012 Amended December 3, 2012 Development activity is focused on redevelopment to create vibrant neighborhoods where residents can walk, bicycle or use public transit for most of their needs. Improvements to the infrastructure now focus on maintaining existing capacity as opposed to extending the infrastructure into previously unserved areas. Because of the innovations developed in public and private partnerships,there is still ample capacity to accommodate the planned population and employment growth targets within the Urban Growth Area. Much of the growth in employment and new housing occurs In the Urban Centers.These centers successfully provide a mixture of living,working,cultural, and recreational activities for all members of the community. All the centers are linked together by a high-capacity transit system, including light rail and high capacity bus transit. Transit stations and hubs are within walking distance to all parts of the center and the high capacity transit system facilitates people moving easily from one center to another Within the collection of Urban Centers there is balance between jobs and housing. Each center has developed its own successful urban character and all are noted for their livability,vibrancy, healthy environment, design,and pedestrian focus.I I smaller concentrations of businesses are distributed throughout the Urban Growth Area to provide goods and services to surrounding residential areas. Most residents are within walking distance of commercial areas,fostering a healthy community through physical exercise and a sense of neighborhood. Local transit systems provide convenient connections to the Urban Centers and elsewhere within the Urban Growth Area. Manufacturing/Industrial Centers continue to thrive and function as important hubs of the regional economy. These areas too are well served by transportation systems that emphasize the efficient movement of people,goods and information to and within Manufacturing/ Industrial Centers as well as connecting to other regions. The entire Urban Growth Area is characterized by superior urban design with an open space network that defines and separates,yet links,the various jurisdictions and central places. Countywide and regional facilities have been equitably dispersed—located where needed, sited unobtrusively—and have provided appropriate Incentives and amenities to the surrounding 3 neighborhoods. Rural Cities have created unique urban environments within the Rural Area and provide commercial services and employment opportunities for their residents.These include retail,business, educational and social services for residents both of cities and the surrounding Rural ddOAreawhileprotectingandsupportingthesurroundingRuralAreaandResourceLands. Federal,state and regional funds have been used to further this land use plan and to fund 5 needed regional facilities while local resources focus on funding local and neighborhood a facilities.The sharing of resources to accomplish common goals is done so that the regional U plan can succeed and all can benefit. RES.J Page 322 of 436 ppge King County Countywide Planning Policies November 2012 Amended December 3, 2012 The economy is vibrant,vital,and sustainable, and emphasizes diversity in the range of goods and information produced and the services provided. Regional cooperation has focused on economic development activities that have retained and expanded key industries such as aerospace;software, and biotechnology while using the resources of the region to attract new business clusters such as in renewable energy. Businesses continue to locate in our county because of the high quality of life;the preservation of the natural environment;the emphasis on providing a superior education; the predictability brought about by the management of growth and the effectiveness of public-private partnerships supporting these attributes. Housing opportunities for all incomes and lifestyles exist throughout the county and with the balanced transportation system access to employment is convenient and reliable. Innovation In the development of a diverse range of housing types has been fundamental in accommodating population growth.The diversity of housing types has allowed residents to stay within their community as their housing needs change. King County communities are extraordinarily diverse culturally and this has been embraced and celebrated by the residents of King County The needs of residents are attended to by a social service system that emphasizes prevention but stands ready to respond to direct needs as well. There is a sense of social equity within our communities and all share equitably In the distribution of and access to parks, open space, and vibrant neighborhood centers. The Urban Growth Area is completely located within cities, which are the primary providers of urban services. Where appropriate,ro riate,sub-regional consortia have been created for certain services,and King County government is recognized as a significant provider of regional services as well as the coordinator of local services to the Rural Area and Resource Lands. Residents and businesses have recognized that, over time,through clear and reasonable timelines and financing commitments, issues will be addressed. Residents and businesses trust in their local governments because the plans and promises made to manage growth starting in 1992 have been followed.Change is accepted and proceeds in an orderly fashion based on the locally adopted and embraced growth management plans. O 3 Fi-amework The year 1991 was one of tremendous change for the management of growth in King County u and this environment of change gave rise to the distinctive character of the 1992 Countywide z Planning Policies.While the Countywide Planning Policies have been amended periodically to O address specific issues or revisions required by the Growth Management Act, the first thorough update of the Countywide Planning Policies was completed in 2012 to ensure that the Countywide Planning Policies are consistent with VISION 2040, the Growth Management Act a and changes that had occurred in the previous twenty years within King County In addition for x the 2012 update,the Growth Management Planning Council directed that the revised policies v 7 RES.J Page 323 of 436 Me King County Countywide Planning Policies November 2012 Amended December 3, 2012 include countywide direction on three new policy areas: climate change, healthy communities and social equity Understanding the history of the 1992 policies is important in order to establish the context for the revised policies. In 1991 five major conditions gave rise to the first Countywide Planning Policies and the process used in their development and adoption: I. In 1985,the King County Council adopted a Comprehensive Plan that for the first time established a clear boundary between Urban and Rural Areas and set forth standards to delineate a clear development character for each. 2. In 1991,the adoption of the Growth Management Act transformed the way that local jurisdictions looked at land use planning as well as how they interacted with neighboring jurisdictions. A fundamental requirement of the Growth Management Act was coordination between a shared countywide vision on how growth would be planned for and accommodated and how this would be implemented by local jurisdictions. in 1991,the Growth Management Act was amended to include the requirement that Countywide Planning Policies be adopted to describe this vision and how these relationships would be created.These provisions gave rise to the creation of the Growth Management Planning Council—an advisory group of elected officials from jurisdictions throughout the county charged with overseeing the preparation of the Countywide Planning jurisdictions Policies. Since the Growth Management Act was new and many j created a comprehensive plan before,the Countywide Planning Policies became a guide for jurisdictions to follow in complying with the Growth Management Act in areas as diverse as critical area regulation to local growth targets. 3. In 1991,the Puget Sound Council of Governments was dissolved and replaced with the Puget Sound Regional Council that Initially had significantly reduced responsibilities for regional land use planning and coordination. Without an effective regional body for land use planning,it was necessary for p the Puget Sound counties to identify their own process and organization for developing the Countywide Planning Policies. In the case of King County,this was the Growth Management Planning Council.Subsequently, as its responsibilities were expanded over time,the Puget Sound Regional Council wdevelopedVISION2040, the multi-county vision and planning policies that set Z the structure for these revised Countywide Planning Policies. O 4. By 1991,the Suburban Cities Association had changed from a loose coalition of cities outside of Seattle to a formal organization with the ability to represent IT constituent jurisdictions in regional forums. sU 8 RES.J Page 324 of 436 RAJJ King County Countywide Planning Policies November2011 Amended December 3, 2012 S. Prior to the development of the Countywide Planning Policies, King County and METRO attempted and failed to win electoral support for merger This defeat left jurisdictions with concerns about the relationship between city and county governments, and further confusion about the roles of governments in the Urban Growth Area. Because of these conditions and the environment they fostered,jurisdictions in King County decided to go further than just meeting the specific statutory requirements for such policies. The 1992 King County Countywide Planning Policies provided direction for many issues related to growth management and established a policy structure for subsequent issue resolution. Since their adoption, many of the initial Countywide Planning Policies have been codified into local regulations or carried out in regional or statewide arenas and no longer need to be i included in them.Through amendments to the King County Charter and interlocal agreements, the relationship between county and city governments has been clearly defined and annexations and incorporations have brought most of the unincorporated urban area into the cities. Other key actions that were required by the 1992 Countywide Planning Policies along with their current status are described below• Complete a fiscal and environmental review of the 1992 Countywide Planning Policies—completed and adopted in 1994, j Establish housing and employment targets for each jurisdiction—completed in 1994 and periodically updated pursuant to the Countywide Planning Policies; Adopt local comprehensive plans pursuant to the Growth Management Act and Countywide Planning Policies—each jurisdiction within King County has an adopted plan that is periodically updated; Develop land use capacity and urban density evaluation program—developed and then superseded by the King County Buildable Lands Program as required by the Growth Management Act; Develop a growth management monitoring program —King County Benchmarks program established in 1994 and annually updated as described in policy G-2;and aEvaluatetheneedtochangetheUrbanGrowthBoundaryandworktomaintaina permanent Rural Area—established in 1994 and periodically reviewed as described in the Development Patterns chapter V. z General Policies 0 C/) Unless otherwise noted, the Countywide Planning Policies apply to the Growth Management 5 Planning Council, King County, and all of the cities within King County p U 9 RES.J Page 325 of 436 Wig King County Countywide Planning Policies November 2012 Amended December 3, 2012 Amendments. While much has been accomplished, the Countywide Planning Policies were never intended to be static and will require amendment over time to reflect changed conditions.While the formal policy development is done by the Growth Management Planning Council, ideas for new policies begin in a variety of areas including individual jurisdictions. Policy G-1 below describes the process for amending the Countywide Planning Policies: G--1 Maintain the currency of the Countywide Planning Policies through periodic review and amendment. Initiate and review all amendments at the Growth Management Planning Council through the process described below- a) Only the Growth Management Planning Council may propose amendments to theCountywidePlanningPoliciesexceptforamendmentstotheUrbanGrowthArea that may also be proposed by King County in accordance with policies DP-15 and DP- 16; b) Growth Management Planning Council recommends amendments to the King County Council for consideration, possible revision,and approval; proposed revisions by the King County Council that are of a substantive nature may be sent to the Growth Management Planning Council for their consideration and revised recommendation based on the proposed revision; c) A majority vote of the King County Council both constitutes approval of the amendments and ratification on behalf of the residents of Unincorporated King County., d) After approval and ratification by the King County Council, amendments are forwarded to each city and town for ratification. Amendments cannot be modified during the city ratification process;and e) Amendments must be ratified within 90 days of King County approval and require affirmation by the county and cities and towns representing at least 70 percent of the county population and 30 percent of those jurisdictions. Ratification is either by an affirmative vote of the city's or town's council or by no action being taken within the ratification period. Monitoring. Periodically evaluating the effectiveness of the Countywide Planning Policies is key o to continuing their value to the region and local jurisdictions.In 1994 King County and cities established the current Benchmarks program to monitor and evaluate key regional indicators. G-2 Monitor and benchmark the progress of the Countywide Planning Policies towards achieving the Regional Growth Strategy inclusive of the environment, development patterns, C43 housing, the economy,transportation and the provision of public services. Identify corrective Z actions to be taken if progress toward benchmarks is not being achieved. S Investment. Key to ensuring the success of the Countywide Planning Policies is investment in regional infrastructure and programs. Balancing the use of limited available funds between regional and local needs is extremely complex. U 1 RES.J Page 326 of 436 s410 Xing County Countywide Planning Policies November 2012 Amended December 3, 2012 G-3 Work collaboratively to identify and seek regional,state, and federal funding sources to invest in infrastructure, strategies, and programs to enable the full implementation of the Countywide Planning Policies. Balance needed regional investments with local needs when making funding determinations. Consistency The Countywide Planning Policies provide a common framework for local planning and each jurisdiction is required to update its comprehensive plans to be consistent with the Countywide Planning Policies. The full body of the Countywide Planning Policies is to be considered for decision-making. G-4 Adopt comprehensive plans that are consistent with the Countywide Planning Policies as required by the Growth Management Act. ENVIRONMENT Overarching Goal: The quality of the natural environment in King County is restored and I protectedfor future generations. I, Environmental Sustainability Local governments have a key role in shaping sustainable communities by integrating sustainable development and business practices with ecological, social,and economic concerns. Local governments also play a pivotal role in ensuring environmental justice by addressing environmental impacts on minority and low-Income populations and by pursuing fairness in the application of policies and regulations. EN-1 Incorporate environmental protection and restoration efforts Into local comprehensive plans to ensure that the quality of the natural environment and its contributions to human health and vitality are sustained now and for future generations. EN-2 Encourage low impact development approaches for managing stormwater, protecting z water quality, minimizing flooding and erosion, protecting habitat, and reducing greenhouse gas emissions. O EN-3 Encourage the transition to a sustainable energy future by reducing demand through planning for efficiency and conservation and by meeting reduced needs from sustainable i sources. a. EN-4 Identify and preserve regionally significant open space networks in both Urban and U Rural Areas. Develop strategies and funding to protect lands that provide the following valuable functions: 1 1 RES.J Page 327 of 436 i 410 King County Countywide Planning Policies November 2012 Amended December 3, 2012 Physical or visual separation delineating growth boundaries or providing buffers between incompatible uses; Active and passive outdoor recreation opportunities; Wildlife habitat and migration corridors that preserve and enhance ecosystem resiliency in the face of urbanization and climate change; Preservation of ecologically sensitive, scenic or cultural resources; Urban green space, habitats, and ecosystems; Forest resources;and Food production potential. EN-5 Identify and mitigate unavoidable negative impacts of public actions that disproportionately affect people of color and low-income populations. Earth and Habitat Healthy ecosystems and environments are vital to the sustainability of all plant and animal life, including humans. Protection of biodiversity in all its forms and across all landscapes is critical to continued prosperity and high quality of life in King County The value of biodiversity to sustaining long-term productivity and both economic and ecological benefits is evident in fisheries, forestry,and agriculture. For ecosystems to be healthy and provide healthful benefits to people, local governments must prevent negative human Impacts and work to ensure that this ecosystem remain diverse and productive over time. With the impending effects of climate change, maintaining biodiversity becomes even more critical to the preservation and resilience of resource-based activities and to many social and ecological systems. Protection of individual species, including Chinook salmon, also plays an important role in sustaining biodiversity and quality of life within the county Since 2000,local governments,citizens,tribes, conservation districts, non-profit groups,and federal and state fisheries managers have cooperated to develop and implement watershed-based salmon conservation plans,known as Water Resource Inventory Area plans,to conserve and restore habitat for Chinook salmon today and for future generations. EN-6 Coordinate approaches and standards for defining and protecting critical areas especially where such areas and Impacts to them cross jurisdictional boundaries. Z EN-7 Encourage basin-wide approaches to wetland protection, emphasizing preservation and enhancement of the highest quality wetlands and wetland systems. EN-8 Develop an integrated and comprehensive approach to managing fish and wildlife W habitat conservation, especially protecting endangered, threatened, and sensitive species.S x EN-9 Implement salmon habitat protection and restoration priorities in approved Water U_ Resource Inventory Area plans. 1 2 RES.J Page 328 of 436 We King County Countywide Planning Policies November 2012 Amended December 3, 2012 Flood Hazards i Flooding is a natural process that affects human communities and natural environments in King County Managing floodplain development and conserving aquatic habitats are the main challenges for areas affected by flooding. The King County Flood Control District exists to protect public health and safety, regional economic centers, public and private property and transportation corridors. Local governments also have responsibility for flood control within their boundaries. EN-10 Coordinate and fund flood hazard management efforts through the King County Flood Control District. EN-11 Work cooperatively to meet regulatory standards for floodplain development as these standards are updated for consistency with relevant federal requirements including those related to the Endangered Species Act. EN-12 Work cooperatively with the federal, state,and regional agencies and forums to develop regional levee maintenance standards that ensure public safety and protect habitat. Water Resources The flow and quality of water is impacted by water withdrawals, land development,stormwater management,and climate change.Since surface and ground waters do not respect political boundaries, cross-jurisdictional coordination of water is required to ensure its functions and uses are protected and sustained. The Puget Sound Partnership was created by the Washington State Legislature as the state agency with the responsibility for assuring the preservation and recovery of Puget Sound and the freshwater systems flowing into the Sound. King County plays a key role in these efforts because of its large population and its location in Central Puget Sound. EN-13 Collaborate with the Puget Sound Partnership to implement the Puget Sound Action Agenda and to coordinate land use and transportation plans and actions for the benefit of Puget Sound and its watersheds. Oct EN-14 Manage natural drainage systems to improve water quality and habitat functions, minimize erosion and sedimentation, protect public health, reduce flood risks, and moderate w c. peak storm water runoff rates. Work cooperatively among local, regional,state, national and a tribal jurisdictions to establish, monitor and enforce consistent standards for managing streams U and wetlands throughout drainage basins. 1 3 RES.J Page 329 of 436 4ig King County Countywide Planning Policies November 2012 Amended December 3, 2012 EN-15 Establish a multi-jurisdictional approach for funding and monitoring water quality, quantity, biological conditions,and outcome measures and for improving the efficiency and effectiveness of monitoring efforts. Air Quality and Climate Change Greenhouse gas emissions are resulting in a changing and increasingly variable climate. King County's snow-fed water supply is especially vulnerable to a changing climate. Additionally,the patterns of storm events and river and stream flow patterns are changing and our shorelines are susceptible to rising sea levels. Carbon dioxide reacts with seawater and reduces the water's pH,threatening the food web In Puget Sound.While local governments can individually work to reduce greenhouse gas emissions, more significant emission reductions can only be accomplished through countywide coordination of land use patterns and promotion of transportation systems that provide practical alternatives to single occupancy vehicles. Efficient energy consumption is both a mitigation and an adaptation strategy Local governments can improve energy efficiency through the development of new infrastructure as well as the maintenance and updating of existing infrastructure. EN-16 Plan for land use patterns and transportation systems that minimize air pollution and greenhouse gas emissions, including: Maintaining or exceeding existing standards for carbon monoxide,ozone, and particulates; Directing growth to Urban Centers and other mixed use/high density locations that support mass transit, encourage non-motorized modes of travel and reduce trip lengths; Facilitating modes of travel other than single occupancy vehicles including transit, walking, bicycling,and carpooling; Incorporating energy-saving strategies in infrastructure planning and design; Encouraging new development to use low emission construction practices, low or zero net lifetime energy requirements and "green" building techniques;and Increasing the use of low emission vehicles, such as efficient electric-powered H vehicles. Z EN-17 Establish a countywide greenhouse gas reduction target that meets or exceeds the statewide reduction requirement that is stated as the 2050 goal of a 50 percent reduction 0 below 1990 levels. zW EN-18 Establish a greenhouse gas emissions inventory and measurement framework for use i. by all King County jurisdictions to efficiently and effectively measure progress toward countywide targets established pursuant to policy EN-17 U 4 RES.J Page 330 of 436 We King County Countywide Planning Policies November 2012 Amended December 3, 2012 EN-19 Promote energy efficiency, conservation methods and sustainable energy sources to support climate change reduction goals. EN-20 Plan and implement land use,transportation, and building practices that will greatly reduce consumption of fossil fuels. EN-21 Formulate and implement climate change adaptation strategies that address the impacts of climate change to public health and safety,the economy, public and private infrastructure,water resources, and habitat. zW w a cU 1 5 RES.J Page 331 of 436 AWg King County Countywide Planning Policies November 2011 Amended December 3, 2012 DEVELOPMENT PATTERNS The policies in this chapter address the location, types, design and intensity of land uses that are desired in King County and its cities. They guide Implementation of the vision for physical development within the county The policies also provide a framework for how to focus improvements to transportation, public services,the environment,and affordable housing, as well as how to incorporate concerns about climate change and public health into planning for new growth. Development patterns policies are at the core of growth management efforts in King County;they further the goals of VISION 2040, and recognize the variety of local communities that will be taking action to achieve those goals. Overarching Goal:Growth in King County occurs in a compact, centers focused pattern that uses land and infrastructure efficiently and that protects Rural and Resource Lands. The Countywide Planning Policies designate land as Urban, Rural, or Resource.The Land Use Map in Appendix 1 shows the Urban Growth Area boundary and Urban, Rural, and Resource Lands within King County Further sections of this chapter provide more detailed descriptions j and guidance for planning within each of the three designations. DP-1 All lands within King County are designated as: Urban land within the Urban Growth Area,where new growth is focused and accommodated; Rural land,where farming, forestry, and other resource uses are protected,and very low-density residential uses, and small-scale non-residential uses are allowed; or Resource land,where permanent regionally significant agricultural,forestry,and mining lands are preserved. zw Urban Growth Area The Urban Growth Area encompasses all of the urban designated lands within King County w These lands include all cities as well as a portion of unincorporated King County Consistent with the Growth Management Act and VISION 2040, urban lands are intended to be the focus of future growth that is compact, includes a mix of uses, and is well-served by public p infrastructure. Urban lands also include a network of open space where ongoing maintenance is W a local as well as a regional concern. Q The pattern of growth within the Urban Growth Area implements the Regional Growth Strategy a through allocation of targets to local jurisdictions.The targets create an obligation to plan and provide zoning for future potential growth, but do not obligate a jurisdiction to guarantee that U a given number of housing units will be built or jobs added during the planning period. 1 6 RES.J Page 332 of 436 410 King County Countywide Planning Policies November 2012 Amended December 3, 2012 Several additional elements in the Development Patterns chapter reinforce the vision and targeted growth pattern for the Urban Growth Area. Procedures and criteria for amending the Urban Growth Area boundary address a range of objectives and ensure that changes balance the needs for land to accommodate growth with the overarching goal of preventing sprawl within the county A review and evaluation program provides feedback for the county and cities on the effectiveness of their efforts to accommodate and achieve the desired land use pattern. Joint planning facilitates the transition of governance of the Urban Growth Area from the county to cities, consistent with the Growth Management Act. Urban form and development within the Urban Growth Area are important settings to provide people with choices to engage in more physical activity, eat healthy food, and minimize exposure to harmful environments and substances. In particular, the quality and safety of walking and biking routes children use to reach school is known to affect their health. Goal Statement:The Urban Growth Area accommodates growth consistent with the Regional Growth Strategy and growth targets through land use patterns and practices that create vibrant, healthy, and sustainable communities. i Urban Lands DP-2 Promote a pattern of compact development within the Urban Growth Area that includes housing at a range of urban densities,commercial and industrial development,and other urban facilities, including medical,governmental, institutional, and educational uses and parks and open space.The Urban Growth Area will include a mix of uses that are convenient to and support public transportation in order to reduce reliance on single occupancy vehicle travel for most daily activities. DP-3 Efficiently develop and use residential, commercial,and manufacturing land in the Urban Growth Area to create healthy and vibrant urban communities with a full range of urban services, and to protect the long-term viability of the Rural Area and Resource Lands. Promote the efficient use of land within the Urban Growth Area by using methods such as: Directing concentrations of housing and employment growth to designated centers; a Encouraging compact development with a mix of compatible residential, commercial,and community activities; Maximizing the use of the existing capacity for housing and employment; and Coordinating plans for land use, transportation, capital facilities and services. W W DP-4 Concentrate housing and employment growth within the designated Urban Growth Area. Q Focus housing growth within countywide designated Urban Centers and locally designated local centers. Focus employment growth within countywide designated Urban and Manufacturing/Industrial Centers and within locally designated local centers.U 1 7 RES.J Page 333 of 436 g King County Countywide Planning Policies November 2012 Amended December 3, 2012 DP-5 Decrease greenhouse gas emissions through land use strategies that promote a mix of housing, employment, and services at densities sufficient to promote walking, bicycling, transit, and other alternatives to auto travel. DP-6 Plan for development patterns that promote public health by providing all residents with opportunities for safe and convenient daily physical activity, social connectivity,and protection from exposure to harmful substances and environments. DP-7 Plan for development patterns that promote safe and healthy routes to and from public schools. DP-8 Increase access to healthy food In communities throughout the Urban Growth Area by I encouraging the location of healthy food purveyors,such as grocery stores and farmers markets,and community food gardens in proximity to residential uses and transit facilities. DP-9 Designate Urban Separators as permanent low-density incorporated and unincorporated areas within the Urban Growth Area. Urban Separators are intended to protect Resource Lands, the Rural Area, and environmentally sensitive areas,and create open space and wildlife corridors within and between communities while also providing public health, environmental, visual, and recreational benefits. Changes to Urban Separators are made pursuant to the Countywide Planning Policies amendment process described in policy G-1. Designated Urban Separators within cities and unincorporated areas are shown in the Urban Separators Map in Appendix 3. DP 10 Discourage incompatible land uses from locating adjacent to general aviation airports throughout the county Growth Targets DP-11 GMPC shall allocate residential and employment growth to each city and unincorporated urban area in the county This allocation is predicated on: Accommodating the most recent 20-year population projection from the state Office of Financial Management and the most recent 20-year regional employment ZforecastfromthePugetSoundRegionalCouncil; a Planning for a pattern of growth that is consistent with the Regional Growth Q Strategy including focused growth within cities with countywide designated centers a and within other larger cities, limited development in the Rural Area,and protection W of designated Resource Lands; A Efficiently using existing zoned and future planned development capacity as well as the capacity of existing and planned infrastructure, including sewer and water U systems; 1 8 RES.J Page 334 of 436 i z'AAd King County Countywide Planning Policies November2012 Amended December 3, 2012 Promoting a land use pattern that can be served by a connected network of public transportation services and facilities and pedestrian and bicycle infrastructure and amenities; Improving the jobs/housing balance within the region and the county; Promoting sufficient opportunities for housing and employment development throughout the Urban Growth Area, Allocating growth to individual Potential Annexation Areas within the urban unincorporated area proportionate to its share of unincorporated capacity for housing and employment growth. DP-12 GMPCshall: Update housing and employment targets periodically to provide jurisdictions with up-to-date growth allocations to be incorporated In state-mandated comprehensive plan updates; Adopt housing and employment growth targets in the Countywide Planning Policies pursuant to the procedure described in policy G-1; and Adjust targets administratively upon annexation of unincorporated Potential Annexation Areas by cities. Growth targets for the 2006-2031 planning period are I shown in table DP-1. I DP-13 All jurisdictions shall plan to accommodate housing and employment targets. This includes: Adopting comprehensive plans and zoning regulations that provide capacity for residential, commercial,and industrial uses that is sufficient to meet 20-yeargrowth needs and is consistent with the desired growth pattern described in VISION 2040; Coordinating water, sewer,transportation and other infrastructure plans and investments among agencies, including special purpose districts;and z Transferring and accommodating unincorporated area housing and employment targets as annexations occur dw r-- i a.Oa wA L a M UU 1 9 RES.J Page 335 of 436 2,013 King County Countywide Planning Policies November 2012 Amended December 3, 2012 Net New Units 2006-2031 Net N w lobs 2006-2031 SAanexationA LA.....UOn.A Metrol olLtan Citie Metrol 03,000- _. _ __ _- _ 1qq7110._._ XD( -810 - 800 200 Burien AAO--__.---__--. -___4.9 ederaUNa fl.300_-_2,390__--_-.___ 300_.-- .290._.. 13, 10_..- rkly 857 -_-- 0.050 mood 0,200-.- 640 - - -_ 0---_ ento A,83s- 3,895-.-.--. 9,OM 70----___--_- q 25 300 I Core 8,638-- ._. __ 168,340-- n 3,000--- 000 - 5,750-- 20,00n lssaqua 290.-______. --- -_ IAOO--- 1,060-_ -__-__ 4000 Q90-- 00n 350 800 nnn X2,800--- larger ItlesSuhtotal- 28,050------------- - - 330.-- _-.-_--- _ 7n 1,470-- 140-_ - ._ __ .__ ._. _ AO oval 425-- t Macfl 19_-- 90 n f]ltl 200.- 23 pw on stl North9end_ 665—._-.__.-. 1ASn 285 135 - - 37AD---- Loms Small itles.5ubtotal_..- 10,927 tenllaLAnnexation-Areas- ,090-- -- y o- 2,17,0- Noah.Hlghli 87n 3,580 o O < Bear Creek UPO 910 D Unclaimed Urban Uninc. 650 90 Urban Growth Area Total 233,077 428,068 O RES.J Page 336 of 436 fir?King County Countywide Planning Policies November2012 Amended December 3, 2012 Amendments to the Urban Growth Area The following policies guide the decision-making process by both the GMPC and King County regarding proposals to expand the Urban Growth Area. I DP-14 Review the Urban Growth Area at least every ten years. In this review consider monitoring reports and other available data.As a result of this review, and based on the criteria established in policies DP-15 and DP-16, King County may propose and then the Growth Management Planning Council may recommend amendments to the Countywide Planning Policies and King County Comprehensive Plan that make changes to the Urban Growth Area i boundary. DP-15 Allow amendment of the Urban Growth Area only when the following steps have been satisfied. a) The proposed expansion is under review by the County as part of an amendment process of the King County Comprehensive Plan; b) King County submits the proposal to the Growth Management Planning Council for the purposes of review and recommendation to the King County Council on the proposed amendment to the Urban Growth Area; j c) The King County Council approves or denies the proposed amendment;and d) If approved by the King County Council, the proposed amendment is ratified by the cities following the procedures set forth in policy G-1. DP-16 Allow expansion of the Urban Growth Area only if at least one of the following criteria is met: a) A countywide analysis determines that the current Urban Growth Area is insufficient in size and additional land is needed to accommodate the housing and employment growth targets, including institutional and other non-residential uses,and there are no other reasonable measures,such as increasing density or rezoning existing urban land,that would avoid the need to expand the Urban Growth Area; or b) A proposed expansion of the Urban Growth Area is accompanied by dedication of permanent open space to the King County Open Space System, where the acreage of w the proposed open space j 1) is at least four times the acreage of the land added to the Urban Growth Area; 2) is contiguous with the Urban Growth Area with at least a portion of the dedicated open space surrounding the proposed Urban Growth Area 4 expansion;and W 3) Preserves high quality habitat, critical areas, or unique features that q contribute to the band of permanent open space along the edge of the Urban Growth Area; or m c) The area is currently a King County park being transferred to a city to be maintained U as a park in perpetuity or is park land that has been owned by a city since 1994 and is less than thirty acres in size.2 1 RES.J Page 337 of 436 A13 King County Countywide Planning Policies November 2012 Amended December 3, 2012 DP-17 If expansion of the Urban Growth Area is warranted based on the criteria in DP-16(a)or DP-16(b),add land to the Urban Growth Area only if it meets all of the following criteria: a) Is adjacent to the existing Urban Growth Area and is no larger than necessary to promote compact development that accommodates anticipated growth needs; b) Can be efficiently provided with urban services and does not require supportive facilities located in the Rural Area; c) Follows topographical features that form natural boundaries, such as rivers and ridge lines and does not extend beyond natural boundaries, such as watersheds,that impede the provision of urban services; d) Is not currently designated as Resource Land; e) Is sufficiently free of environmental constraints to be able to support urban development without significant adverse environmental impacts,unless the area is designated as an Urban Separator by interlocal agreement between King County and the annexing city; and f) Is subject to an agreement between King County and the city or town adjacent to the area that the area will be added to the city's Potential Annexation Area. Upon ratification of the amendment,the Countywide Planning Policies will reflect both the Urban Growth Area change and Potential Annexation Area change. DP-18 Allow redesignation of Urban land currently within the Urban Growth Area to Rural land outside of the Urban Growth Area if the land is not needed to accommodate projected urban growth,is not served by public sewers,is contiguous with the Rural Area,and: a) Is not characterized by urban development; b) Is currently developed with a low density lot pattern that cannot be realistically redeveloped at an urban density;or c) Is characterized by environmentally sensitive areas making it inappropriate for higher density development. z c4 Review and Evaluation Program d The following policies guide the decision-buildable lands program conducted by the GMPC and King County pZj DP-19 Conduct a buildable lands program that meets or exceeds the review and evaluation 0 requirements of the Growth Management Act.The purposes of the buildable lands program W are: To collect and analyze data on development activity, land supply, and capacity for M residential, commercial, and industrial land uses; Y To evaluate the consistency of actual development densities with current comprehensive plans; and U To evaluate the sufficiency of land capacity to accommodate growth for the remainder of the planning period. 2 2 RES.J Page 338 of 436 We King County Counfywide Planning Policies November 2012 Amended December 3, 2012 DP-20 If necessary based on the findings of a periodic buildable lands evaluation report, adopt reasonable measures,other than expansion of the Urban Growth Area, to increase land capacity for housing and employment growth within the Urban Growth Area by making more efficient use of urban land consistent with current plans and targets. Joint Planning and Annexation DP-21 Coordinate the preparation of comprehensive plans among adjacent and other affected jurisdictions as a means to avoid or mitigate the potential cross-border impacts of urban I development. DP-22 Designate Potential Annexation Areas in city comprehensive plans and adopt them in the Countywide Planning Policies. Ensure that Potential Annexation Areas do not overlap or leave unincorporated urban islands between cities. DP-23 Facilitate the annexation of unincorporated areas within the Urban Growth Area that are already urbanized and are within a city's Potential Annexation Area in order to provide urban services to those areas.Annexation is preferred over incorporation. DP-24 Allow cities to annex territory only within their designated Potential Annexation Area as shown in the Potential Annexation Areas Map in Appendix 2. Phase annexations to coincide with the ability of cities to coordinate the provision of a full range of urban services to areas to be annexed.I DP-25 Within the North Highline unincorporated area,where Potential Annexation Areas overlapped prior to January 1, 2009,strive to establish alternative non-overlapping Potential Annexation Area boundaries through a process of negotiation. Absent a negotiated resolution, Cn a city may file a Notice of Intent to Annex with the Boundary Review Board for King County for territory within its designated portion of a Potential Annexation Area overlap as shown in the Potential Annexation Areas Map in Appendix 2 and detailed in the city's comprehensive plan P after the following steps have been taken: a a) The city proposing annexation has, at least 30 days prior to filing a Notice of Intent 2 to annex with the Boundary Review Board, contacted in writing the cities with the p PAA overlap and the county to provide notification of the city's intent to annex and O to request a meeting or formal mediation to discuss boundary alternatives,and; W b) The cities with the Potential Annexation Area overlap and the county have either, i) Agreed to meet but failed to develop a negotiated settlement to the overlap q within 60 days of receipt of the notice, or ii) Declined to meet or failed to respond in writing within 30 days of receipt of the notice. U 2 3 RES.J Page 339 of 436 tea King County Countywide Planning Policies November 2012 Amended December 3, 2012 DP-26 Develop agreements between King County and cities with Potential Annexation Areas to apply city-compatible development standards that will guide land development prior to annexation. DP-27 Evaluate proposals to annex or incorporate unincorporated land based on the following criteria a) Conformance with Countywide Planning Policies including the Urban Growth Area boundary; b) The ability of the annexing or incorporating jurisdiction to provide urban services at standards equal to or better than the current service providers; and c) Annexation or incorporation in a manner that will avoid creating unincorporated islands of development. DP-28 Resolve the issue of unincorporated road Islands within or between cities. Roadways and shared streets within or between cities, but still under King County jurisdiction,should be annexed by adjacent cities. Centers A centers strategy is the linchpin for King County to achieve the Regional Growth Strategy as well as a range of other objectives, particularly providing a land use framework for an efficient and effective regional transit system. Countywide designation of Urban Centers and local designation of local centers provide for locations of mixed-use zoning, infrastructure, and concentrations of services and amenities to accommodate both housing and employment growth. Manufacturing/Industrial Centers preserve lands for family-wage jobs in basic Industries and trade and provide areas where that employment may grow in the future. Goal Statement:King County grows in a manner that reinforces and expands upon a system of CO existing and planned central places within which concentrated residential communities and economic activities can flourish. da F Urban Centers z a DP-29 Concentrate housing and employment growth within designated Urban Centers. U DP-30 Designate Urban Centers in the Countywide Planning Policies where city-nominated W locations meet the criteria in policies DP-31 and DP-32 and where the city's commitments will A help ensure the success of the center Urban Centers will be limited in number and located on existing or planned high capacity transit corridors to provide a framework for targeted privateandpublicinvestmentsthatsupportregionallanduseandtransportationgoals.The Land Use U Map in Appendix 1 shows the locations of the designated Urban Centers. 2 4 RES.J Page 340 of 436 4J6 King County Countywide Planning Policies November 2012 Amended December 3, 2012 DP-31 Allow designation of new Urban Centers where the proposed Center, a) Encompasses an area up to one and a half square miles;and b) Has adopted zoning regulations and infrastructure plans that are adequate to accommodate: 1) A minimum of 15,000 jobs within one-half mile of an existing or planned high-capacity transit station; ii) At a minimum, an average of 50 employees per gross acre within the Urban Center;and iii) At a minimum, an average of 15 housing units per gross acre within the Urban Center DP-32 Adopt a map and housing and employment growth targets In city comprehensive plans for each Urban Center, and adopt policies to promote and maintain quality of life in the Center through: A broad mix of land uses that foster both daytime and nighttime activities and opportunities for social interaction; A range of affordable and healthy housing choices; Historic preservation and adaptive reuse of historic places; Parks and public open spaces that are accessible and beneficial to all residents in the Urban Center; Strategies to increase tree canopy within the Urban Center and incorporate low- impact development measures to minimize stormwater runoff; Facilities to meet human service needs; Superior urban design which reflects the local community vision for compact urban development; Pedestrian and bicycle mobility, transit use,and linkages between these modes; Planning for complete streets to provide safe and inviting access to multiple travel modes, especially bicycle and pedestrian travel;and Parking management and other strategies that minimize trips made by single- z occupant vehicle, especially during peak commute periods. w DP-33 Form the land use foundation for a regional high-capacity transit system through the designation of a system of Urban Centers. Urban Centers should receive high priority for the Zlocationoftransitservice. aO Manufacturing/ILrdustrial Centers W DP-34 Concentrate manufacturing and industrial employment within countywide designated A Manufacturing/Industrial Centers.The Land Use Map in Appendix 1 shows the locations of the a designated Manufacturing/Industrial Centers. I U 2 5 RES.J Page 341 of 436 a King County Countywide Planning Policies November 2012 Amended December 3, 2012 DP-35 Adopt in city comprehensive plans a map and employment growth targets for each Manufacturing/ Industrial Center and adopt policies and regulations for the Center to: Provide zoning and infrastructure adequate to accommodate a minimum of 10,000 jobs; Preserve and enhance sites that are appropriate for manufacturing or other industrial uses; Strictly limit residential uses and discourage land uses that are not compatible with manufacturing and industrial uses,such as by imposing low maximum size limits on offices and retail uses that are not accessory to an industrial use; Facilitate the mobility of employees by transit and the movement of goods by truck, rail,air or waterway, as appropriate; Provide for capital facility improvement projects which support the movement of goods and manufacturing/industrial operations; Ensure that utilities are available to serve the center; Avoid conflicts with adjacent land uses to ensure the continued viability of the land in the Manufacturing/Industrial Center for manufacturing and industrial activities; and Attract and retain the types of businesses that will ensure economic growth and stability DP-36 Minimize or mitigate potential health impacts of the activities in Manufacturing/ Industrial Centers on residential communities, schools, open space, and other public facilities. DP-37 Designate additional Manufacturing/Industrial Centers in the Countywide Planning Policies pursuant to the procedures described in policy G-1 based on nominations from cities and after determining that: a) the nominated locations meet the criteria set forth in policy DP-35 and the criteria established by the Puget Sound Regional Council for Regional Manufacturing/ Industrial Centers; b) the proposed center's location will promote a countywide system of Manufacturing/ Industrial Centers with the total number of centers representing a realistic growth 6 strategy for the county;and a c) the city's commitments will help ensure the success of the center wO Local Centers w DP-38 Identify in comprehensive plans local centers, such as city or neighborhood centers, q transit station areas, or other activity nodes,where housing, employment,and services are accommodated in a compact form and at sufficient densities to support transit service and to make efficient use of urban land. O 2 6 RES.J Page 342 of 436 e King County Countywide Planning Policies November 2012 Amended December 3, 2012 Urban Design and Historic Preservation The countywide vision includes elements of urban design and form intended to integrate urban development into existing built and natural environments in ways that enhance both the urban and natural settings.These elements include high quality design,context sensitive infill and redevelopment,historic preservation,and the interdependence of urban and rural and agricultural lands and uses. Goal statement. The built environment in both urban and rural settings achieves a high degree of high quality design that recognizes and enhances, where appropriate, existing natural and urban settings. DP-39 Develop neighborhood planning and design processes that encourage infill development,redevelopment, and reuse of existing buildings and that,where appropriate j based on local plans, enhance the existing community character and mix of uses. i DP-40 Promote a high quality of design and site planning in publicly-funded and private development throughout the Urban Growth Area. DP-41 Preserve significant historic, archeological,cultural,architectural,artistic, and environmental features, especially where growth could place these resources at risk. Where appropriate,designate individual features or areas for protection or restoration. Encourage land use patterns and adopt regulations that protect historic resources and sustain historic community character DP-42 Design new development to create and protect systems of green infrastructure,such as urban forests,parks,green roofs, and natural drainage systems,in order to reduce climate- altering pollution and increase resilience of communities to climate change impacts. rn DP-43 Design communities, neighborhoods, and individual developments using techniques that reduce heat absorption, particularly in Urban Centers. Q DP-44 Adopt design standards or guidelines that foster infill development that is compatible with the existing or desired urban character a. O Rural Area and Resource Lands w The Rural Area and Resource Lands encompass all areas outside of the Urban Growth Area and A include Vashon Island in Puget Sound and the area just east of the Urban Growth Area all the way to the crest of the Cascade Mountains. The Rural Area is characterized by low density development with a focus on activities that are dependent on the land such as small scale V farming and forestry The Rural Area also provides important environmental and habitat 2 7 RES.J Page 343 of 436 Jgd King County Countywide Planning Policies November 2012 Amended December 3, 2012 functions and is critical for salmon recovery The location of the Rural Area, between the Urban Growth Area and designated Resource Lands, helps to protect commercial agriculture and timber from incompatible uses. The Rural Area,outside of the Rural Cities, is to remain in unincorporated King County and is to be provided with a rural level of service. Rural Area Goal Statement., The Rural Area provides a variety of landscapes, maintains diverse low density communities, and supports rural economic activities based on sustainable stewardship of the land. DP-45 Limit growth in the Rural Area to prevent sprawl and the overburdening of rural services, reduce the need for new rural infrastructure, maintain rural character,and protect the natural environment. DP-46 Limit residential development in the Rural Area to housing at low densities that are compatible with rural character and comply with the following density guidelines: a) One home per 20 acres where a pattern of large lots exists and to buffer Forest Protection Districts and Agricultural Districts; b) One home per 10 acres where the predominant lot size is less than 20 acres;or c) One home per five acres where the predominant lot size is less than 10 acres. d) Allow limited clustering within development sites to avoid development on environmentally critical lands or on productive forest or agricultural lands, but not to exceed the density guidelines cited in (a)through (c). DP-47 Limit the extension of urban infrastructure improvements through the Rural Area to only cases where it is necessary to serve the Urban Growth Area and where there are no otherfeasiblealignments. Such limited extensions may be considered only if land use controls are in place to restrict uses appropriate for the Rural Area and only if access management controls are in place to prohibit tie-ins to the extended facilities. DP-48 Establish rural development standards to protect the natural environment by using F seasonal and maximum clearing limits for vegetation, limits on the amount of impervious Zsurface,surface water management standards that preserve natural drainage systems,water quality and groundwater recharge,and best management practices for resource-based activities. DP-49 Prevent or, if necessary, mitigate negative impacts of urban development to the q adjacent Rural Area. a DP-50 Except as provided in Appendix 5 (March 31, 2012 School Siting Task Force Report), limit U new nonresidential uses located in the Rural Area to those that are demonstrated to serve the 2 8 RES.J Page 344 of 436 4JO King County Countywide Planning Policies November 2012 Amended December 3, 2012 Rural Area, unless the use is dependent upon a rural location.Such uses shall be of a size,scale, and nature that is consistent with rural character DP-51 Allow cities that own property in the Rural Area to enter into interlocal agreements with King County to allow the cities to provide services to the properties they own as long as the cities agree to not annex the property or serve it with sewers or any infrastructure at an urban level of service.The use of the property must be consistent with the rural land use policies in the Countywide Planning Policies and the King County Comprehensive Plan. Resource Lands i The Resource Lands are designated areas with long term commercial significance for agriculture,forestry, and mining, and are depicted in the Land Use Map in Appendix 1 as Forest Product Districts,Agricultural Production Districts,and Mineral Resource Lands. The use and designation of these lands are to be permanent, in accordance with the Growth Management Act. King County has maintained this base of agriculture and forest lands despite the rapid growth of the previous decades. The Resource Lands are to remain in unincorporated King County but their benefit and significance is felt throughout the county into the cities. Within cities,farmers markets are becoming important and sought after neighborhood amenities. The forests of the Pacific Northwest are some of the most productive in the world and King County has retained two-thirds of the county in forest cover Large scale forestry is a traditional land use in the eastern half of King County and remains a significant contributor to the rural economy In addition, forests provide exceptional recreational opportunities, including downhill and cross-country skiing, mountain biking, hiking,and backpacking. Goal Statement., Resource Lands are valuable assets of King County and are renowned for their productivity and sustainable management. z DP-52 Promote and support forest g and other resource-based industries ccGG pp forestry, agriculture, mining outside of the Urban Growth Area as part of a diverse and sustainable regional economy Qa DP-53 Conserve commercial agricultural and forestry resource lands primarily for their long- z term productive resource value and for the open space, scenic views,wildlife habitat, and critical area protection they provide. Limit the subdivision of land so that parcels remain large enough for commercial resource production. DP-54 Encourage best practices in agriculture and forestry operations for long-term protection q of the natural resources. DP-55 Prohibit annexation of lands within designated Agricultural Production Districts or within U Forest Production Districts by cities. 2 9 RES.J Page 345 of 436 410 King County Countywide Planning Policies November 2012 Amended December 3, 2012 DP-56 Retain the Lower Green River Agricultural Production District as a regionally designated resource that is to remain in unincorporated King County DP-57 Discourage incompatible land uses adjacent to designated Resource Lands to prevent interference with their continued use for the production of agricultural, mining, or forest products. DP-58 Support local production and processing of food to reduce the need for long distance transport and to increase the reliability and security of local food. Promote activities and infrastructure,such as farmers markets,farm worker housing and agricultural processing facilities,that benefit both cities and farms by improving access to locally grown agricultural products. DP-59 Support institutional procurement policies that encourage purchases of locally grown food products. DP-60 Ensure that extractive industries maintain environmental quality and minimize negative impacts on adjacent lands. DP-61 Use a range of tools,including land use designations,development regulations, level-of- service standards, and transfer or purchase of development rights to preserve Rural and Resource Lands and focus urban development within the Urban Growth Area. DP-62 Use transfer of development rights to shift potential development from the Rural Area and Resource Lands into the Urban Growth Area,especially cities. Implement transfer of development rights within King County through a partnership between the county and cities that is designed to: Identify rural and resource sending sites that satisfy countywide conservation goals and are consistent with regionally coordinated transfer of development rights z efforts; Preserve rural and resource lands of compelling interest countywide and to participating cities; w Identify appropriate transfer of development rights receiving,areas within cities; F Identify incentives for city participation in regional transfer of development rights Zi.e. county-to-city transfer of development rights); a Develop interlocal agreements that allow rural and resource land development p rights to be used in city receiving areas; 7 Identify and secure opportunities to fund or finance infrastructure within city Fy transfer of development rights receiving areas; and. A Be compatible with existing within-city transfer of development rights programs. UU 3 0 RES.J Page 346 of 436 d King County Countywide Planning Policies November 2012 Amended December 3, 2012 HOUSING The Countywide Planning Policies provide a framework for all jurisdictions to plan for and promote a range of affordable,accessible, and healthy housing choices for current and future residents. Within King County,there is an unmet need for housing that is affordable for households earning less than 80 percent of area median income (AMI). Households within this category include low-wage workers in services and other industries; persons on fixed incomes including many disabled and elderly residents;and homeless individuals and families. A high proportion of these households spend a greater percentage of their income on housing than is typically considered appropriate. This is especially true for low and very low income households earning 50 percent or less (low) and 30 percent or less(very-low)of area median income. The county and all cities share in the responsibility to increase the supply of housing that Is affordable to these households. j While neither the county nor the cities can guarantee that a given number of units at a given price level will exist, be preserved,or be produced during the planning period, establishing the countywide need clarifies the scope of the effort for each jurisdiction. The type of policies and strategies that are appropriate for a jurisdiction to consider will vary and will be based on its analysis of housing. Some jurisdictions where the overall supply of affordable housing is significantly less than their proportional share of the countywide need may need to undertake a range of strategies addressing needs at multiple income levels, including strategies to create j new affordable housing. Other jurisdictions that currently have housing stock that is already generally affordable may focus their efforts on preserving existing affordable housing through efforts such as maintenance and repair,and ensuring long-term affordability. It may also be appropriate to focus efforts on the needs of specific demographic segments of the population. The policies below recognize the significant countywide need for affordable housing to focus on the strategies that can be taken both individually and in collaboration to meet the countywide need. These policies envision cities and the county following a four step process 1. Conduct an inventory and analysis of housing needs and conditions; 2. Implement policies and strategies to address unmet needs; 3. Measure results;and 4. Respond to measurement with reassessment and adjustment of strategies. C7 The provision of housing affordable to very-low income households,those earning less than j 30%of AMI, is the most challenging problem and one faced by all communities in the county. p Housing for these very-low income households cannot be met solely through the private x market. Meeting this need will require interjurisdictional cooperation and support from public a agencies, including the cities and the county U I 1 RES.J Page 347 of 436 MO King.County Countywide Planning Policies November 2012 Amended December 3, 2012 Overarching Goal: The housing needs of all economic and demographic groups are met within all jurisdictions. H-1 Address the countywide need for housing affordable to households with moderate, low and very-low incomes, including those with special needs. The countywide need for housing by percentage of Area Median Income (AMI) is: 50-80°%of AMI (moderate) 16%of total housing supply 30-50%of AMI (low) 12%of total housing supply 30%and below AMI (very-low) 12%of total housing supply H-2 Address the need for housing affordable to households at less than 30%AMI (very low income), recognizing that this is where the greatest need exists,and addressing this need will require funding, policies and collaborative actions by all jurisdictions working individually and collectively Housing Inventory and Needs Analysis The Growth Management Act requires an inventory and analysis of existing and projected housing needs as part of each jurisdiction's comprehensive plan housing element. Assessing local housing needs provides jurisdictions with information about the local housing supply, the cost of housing, and the demographic and income levels of the community's households. This information on current and future housing conditions provides the basis for the development of effective housing policies and programs. While some cities may find that they meet the current need for housing for some populations groups,the inventory and needs analysis will help Identify those income levels and demographic segments of the population where there is the greatest need. Further guidance on conducting a housing inventory and analysis is provided in Appendix 4. H-3 Conduct an inventory and analysis of existing and projected housing needs of all economic and demographic segments of the population in each jurisdiction. The analysis and Inventory shall include: a. Characteristics of the existing housing stock, including supply, affordability and diversity of housing types; b. Characteristics of populations,including projected growth and demographic change; c. The housing needs of very-low, low, and moderate-income households; and d. The housing needs of special needs populations. Cry Strategies to Meet Housing Needs VISION 2040 encourages local jurisdictions to adopt best housing practices and innovative O techniques to advance the provision of affordable, healthy, sustainable, and safe housing for all residents. Meeting the county's affordable housing needs will require actions by a wide range a of private for profit, non-profit and government entities, including substantial resources fromfederal,state,and local levels. No single tool will be sufficient to meet the full range of needs in V a given jurisdiction. The county and cities are encouraged to employ a range of housing tools to 3 2 RES.J Page 348 of 436 444 King County Countywide Planning Policies November2012 Amended December 3, 2012 ensure the countywide need is addressed and to respond to local conditions. Further detail on the range of strategies for promoting housing supply and affordability is contained in Appendix 4. Jobs-housing balance, addressed in H-9, is a concept that advocates an appropriate match between the number of existing jobs and available housing supply within a geographic area. Improving balance means adding more housing to job-rich areas and more jobs to housing-rich areas. H-4 Provide zoning capacity within each jurisdiction in the Urban Growth Area for a range of housing types and densities,sufficient to accommodate each jurisdiction's overall housing targets and, where applicable, housing growth targets in designated Urban Centers. H-5 Adopt policies, strategies,actions and regulations at the local and countywide levels that promote housing supply, affordability, and diversity, including those that address a significant share of the countywide need for housing affordable to very-low, low, and moderate income households.These strategies should address the following: a. Overall supply and diversity of housing, including both rental and ownership; b. Housing suitable for a range of household types and sizes; c. Affordability to very-low, low, and moderate income households; d. Housing suitable and affordable for households with special needs; e. Universal design and sustainable development of housing; and f Housing supply, including affordable housing and special needs housing,within Urban Centers and in other areas planned for concentrations of mixed land uses. H-6 Preserve existing affordable housing units, where appropriate, including acquisition and rehabilitation of housing for long-term affordability. i H-7 Identify barriers to housing affordability and implement strategies to overcome them. H-8 Tailor housing policies and strategies to local needs,conditions and opportunities, recognizing the unique strengths and challenges of different cities and sub-regions. H-9 Plan for housing that is accessible to major employment centers and affordable to the workforce in them so people of all incomes can live near or within reasonable commuting distance of their places of work. Encourage housing production at a level that improves the 0balanceofhousingtoemploymentthroughoutthecounty H-10 Promote housing affordability in coordination with transit, bicycle, and pedestrian plans x and investments and in proximity to transit hubs and corridors, such as through transit oriented development and planning for mixed uses in transit station areas. U H-11 Encourage the maintenance of existing housing stock in order to ensure that the condition and quality of the housing is safe and livable. 3 3 RES.J Page 349 of 436 q King County Countywide Planning Policies November 2012 Amended December 3, 2012 H-12 Plan for residential neighborhoods that protect and promote the health and well-being of residents by supporting active living and healthy eating and by reducing exposure to harmful environments. H-13 Promote fair housing and plan for communities that include residents with a range of abilities, ages, races, incomes,and other diverse characteristics of the population of the county. Regional Cooperation Housing affordability is important to regional economic vitality and sustainability Housing markets do not respect jurisdictional boundaries. For these reasons,multijurisdictional efforts for planning and adopting strategies to meet regional housing needs are an additional tool for identifying and meeting the housing needs of households with moderate, low,and very-low incomes. Collaborative efforts,supported by the work of Puget Sound Regional Council and other agencies,contribute to producing and preserving affordable housing and coordinating equitable,sustainable development in the county and region. Where individual cities lack sufficient resources,collective efforts to fund or provide technical assistance for affordable housing development and preservation,and for the creation of strategies and programs,can help to meet the housing needs identified in comprehensive plans. Cities with similar housing characteristics tend to be clustered geographically Therefore,there are opportunities for efficiencies and greater impact through interjurisdictional cooperation. Such efforts are encouraged and can be a way to meet a jurisdiction's share of the countywide affordable housing need. H-14 Work cooperatively among jurisdictions to provide mutual support in meeting countywide housing growth targets and affordable housing needs. H-15 Collaborate in developing sub-regional and countywide housing resources and programs, including funding, to provide affordable housing for very-low, low-, and moderate-income households. H-16 Work cooperatively with the Puget Sound Regional Council and other agencies to identify ways to expand technical assistance to local jurisdictions in developing, implementing and monitoring the success of strategies that promote affordable housing that meets changing demographic needs. Collaborate in developing and implementing a housing strategy for the four-county central Puget Sound region. Measuring Results O Maintaining timely and relevant data on housing markets and residential development allows x the county and cities to evaluate the effectiveness of their housing strategies and to make appropriate changes to those strategies when and where needed. In assessing efforts to meet v their share of the countywide need for affordable housing,jurisdictions need to consider public U actions taken to encourage development and preservation of housing affordable to households with very low-, low- and moderate-incomes, such as local funding, development code changes, 3 4 RES.J Page 350 of 436 d King County Countywide Planning Policies November 2012 Amended December 3, 2012 and creation of new programs, as well as market and other factors that are beyond local government control. Further detail on monitoring procedures is contained in Appendix 4 H-17 Monitor housing supply, affordability,and diversity, including progress toward meeting a significant share of the countywide need for affordable housing for very-low, low, and moderate income households. Monitoring should encompass: a. Number and type of new housing units; b. Number of units lost to demolition, redevelopment,or conversion to non-residential use, c. Number of new units that are affordable to very-low, low-, and moderate-income households; d. Number of affordable units newly preserved and units acquired and rehabilitated with a regulatory agreement for long-term affordability for very-low, low-, and moderate-income households; e. Housing market trends including affordability of overall housing stock; f. Changes in zoned capacity for housing, including housing densities and types; g. The number and nature of fair housing complaints and violations;and h. Housing development and market trends in Urban Centers. H-18 Review and amend,a minimum every five years,the countywide and local housing policies and strategies, especially where monitoring indicates that adopted strategies are not resulting in adequate affordable housing to meet the Jurisdiction's share of the countywide need. O x I a U I U 3 5 RES.J Page 351 of 436 i iWg King County Countywide Planning Policies November 2012 Amended December 3, 2012 ECONOMY overarching Goal:People throughout King County have opportunities to prosper and enjoy a high quality of life through economic growth and job creation. The Countywide Planning Policies in the Economy Chapter support the economic growth and sustainability of King County's economy A strong and healthy economy results in business development,job creation,and investment in our communities.The Economy Chapter reflects and supports the Regional Economic Strategy and VISION 2040's economic policies,which emphasize the economic value of business,people,and place. The Regional Economic Strategy is the region's comprehensive economic development strategy and serves as the VISION 2040 economic functional plan. VISION 2040 integrates the Regional Economic Strategy with growth management, transportation, and environmental objectives to:I support critical economic foundations, such as education, infrastructure,technology, and quality of life; and promote the region's specific industry clusters:aerospace,clean technology, information technology, life sciences, logistics and international trade, military, and j tourism. Each local community will have an Individual focus on economic development,while the region's prosperity will benefit from coordination between local plans and the regional vision that take into account the county's and the region's overall plan for growth. EC-1 Coordinate local and countywide economic policies and strategies with VISION 2040 and the Regional Economic Strategy EC-2 Support economic growth that accommodates employment growth targets(see table DP- 1)through local land use plans, infrastructure development,and implementation of economic development strategies. EC-3 Identify and support industry clusters and subdusters within King County that are components of the Regional Economic Strategy or that may otherwise emerge as having r significance to King County's economy p Z EC-4 Evaluate the performance of economic development policies and strategies in business U development and job creation. Identify and track key economic metrics to help jurisdictions W and the county as a whole evaluate the effectiveness of local and regional economic strategies.P. U 3 6 RES.J Page 352 of 436 i RW King County Countywide Planning Policies November 2012 Amended December 3, 2012 Business Development Business creation, retention, expansion, and recruitment are the foundations of a strong economy The success of the economy in the county depends on opportunities for business growth. Our communities play a significant role through local government actions,such as by making regulations more predictable, by engaging in public-private partnerships, and by nurturing a business-supportive culture. These policies also seek to integrate the concept of health communities as art of the county'sMENY i economic objectives, by calling for support of the regional food economy, including production, j processing,wholesaling and distribution of the region's agricultural food and food products. EC-5 Help businesses thrive through: Transparency, efficiency, and predictability of local regulations and policies; Communication and partnerships between businesses,government,schools,and research institutions; and Government contracts with local businesses. EC-6 Foster the retention and development of those businesses and industries that export their goods and services outside the region. EC-7 Promote an economic climate that is supportive of business formation,expansion,and retention and emphasizes the importance of small businesses in creating jobs. EC-8 Foster a broad range of public-private partnerships to implement economic development policies, programs and projects. EC-9 Identify and support the retention of key regional and local assets to the economy, such as major educational facilities, research institutions, health care facilities, manufacturing facilities, and port facilities. EC-10 Support the regional food economy including the production, processing,wholesaling, and distribution of the region's agricultural food and food products to all King County communities. Emphasize increasing access to those communities with limited presence of healthy food options. ZO UW Ya V 3 7 RES.J Page 353 of 436 17486 People People,through their training, knowledge, skills, and cultural background,add value to the region's economy Additionally, creating an economy that provides opportunities for all helps alleviate problems of poverty and income disparity EC-11 Work with schools and other institutions to increase graduation rates and sustain a highly-educated and skilled local workforce. This includes aligning Job training and education offerings that are consistent with the skill needs of the region's industry clusters. Identify partnership and funding opportunities where appropriate. EC-12 Celebrate the cultural diversity of local communities as a means to enhance the count's global relationships. EC-13 Address the historic disparity in income and employment opportunities for economically i disadvantaged populations, including minorities and women, by committing resources to human services; community development; housing; economic development; and public infrastructure. it Places Economic activity in the county predominantly occurs within the Urban Growth Area,including i Urban Centers and Manufacturing/Industrial Centers.Continuing to guide local investments to these centers will help provide the support needed to sustain the economy and provide greater predictability to businesses about where capital improvements will be located. In addition to making productive use of urban land, economic activity adds to the culture and vitality of our local communities. Businesses create active,attractive places to live and visit,and make significant contributions to the arts.The Rural Area and Resource Lands are important for their contribution to the regional food network,mining,timber and craft industries,while Rural Cities are important for providing services to and being the economic centers for the surrounding Rural Area. EC-14 Foster economic and employment growth in designated Urban Centers and Manufacturing/ Industrial Centers through local investments, planning,and financial policies. EC-15 Make local investments to maintain and expand infrastructure and services that support local and regional economic development strategies. Focus investment where it encourages growth in designated centers and helps achieve employment targets. RES.J Page 354 of 436 s'QbZ King County Countywide Planning Policies November2012 Amended December 3, 2012 EC-16 Add to the vibrancy and sustainability of our communities and the health and well-being of all people through safe and convenient access to local services, neighborhood-oriented retail, purveyors of healthy food (e.g,grocery stores and farmers markets),and transportation choices. EC-17 Promote the natural environment as a key economic asset. Work cooperatively with local businesses to protect and restore the natural environment in a manner that is efficient and predictable and minimizes impacts on businesses. EC-18 Maintain an adequate supply of land within the Urban Growth Area to support economic development. Inventory, plan for,and monitor the land supply and development capacity for, manufacturing/industrial, commercial and other employment uses that can accommodate the amount and types of economic activity anticipated during the planning period. I EC-19 Support Manufacturing/Industrial Centers by adopting industrial siting policies that limit the loss of industrial lands, maintain the region's economic diversity, and support family-wage jobs. Prohibit or strictly limit non-supporting or incompatible activities that can interfere with the retention or operation of industrial businesses,especially in Manufacturing/ Industrial Centers. EC-20 Facilitate redevelopment of contaminated sites through local,county and state financing and other strategies that assist with funding environmental remediation. EC-21 Encourage economic activity within Rural Cities that does not create adverse impacts to the surrounding Rural Area and Resource Lands and will not create the need to provide urban services and facilities to those areas. i Z 0UW FC)a+a iiU 3 9 RES.J Page 355 of 436 9 King County Countywide Planning Policies November 2012 Amended December 3, 2012 TRANSPORTATION The Regional Growth Strategy identifies a network of walkable,compact, and transit-oriented communities that are the focus of urban development, as well as industrial areas with major employment concentrations. In the Countywide Planning Policies,these communities include countywide designated Urban Centers and Manufacturing/ Industrial Centers, and locally designated local centers. An essential component of the Regional Growth Strategy is an efficient transportation system that provides multiple options for moving people and goods Into and among the various centers. Transportation system,in the context of this chapter, is defined as a comprehensive, integrated network of travel modes(e.g. airplanes,automobiles, bicycles, buses,feet,ferries,freighters,trains,trucks)and infrastructure (e.g. sidewalks,trails, streets,'arterials, highways,waterways,railways,airports)for the movement of people and goods on a local, regional, national and global scale. Goals and policies in this chapter build on the 1992 King County Countywide Planning Policies and the Multicounty Planning Policies in VISION 2040. Policies are organized into three sections: Supporting Growth—focusing on serving the region with a transportation system that furthers the Regional Growth Strategy; Mobility—addressing the full range of travel modes necessary to move people and goods efficiently within the region and beyond; and System Operations—encompassing the design, maintenance and operation of the transportation system to provide for safety,efficiency, and sustalnability Overarching Goal. The region is well served by an integrated, multi-modal transportationsystemthatsupportstheregionalvisionforgrowth, efficiently moves people and goods, and is environmentally and functionally sustainable over the long term. z Supporting Growth o F An effective transportation system is critical to achieving the Regional Growth Strategy and I, ensuring that centers are functional and appealing to the residents and businesses they are adesignedtoattract. The policies in this section reinforce the critical relationship between development patterns and transportation and they are intended to guide transportation investments from all levels of government that effectively support local, county and regional plans to accommodate growth. policies in this section take a multi-modal approach to serving growth,with additional emphasis on transit and non-motorized modes to support planned A development in centers. U RES.J Page 356 of 436 Y46 King County Countywide Planning Policies November 2012 Amended December 3, 2012 Goal Statement:Local and regional development of the transportation system is consistent with and furthers realization of the Regional Growth Strategy. T-1 Work cooperatively with the Puget Sound Regional Council, the state, and other relevant agencies to finance and develop a multi-modal transportation system that enhances regional mobility and reinforces the countywide vision for managing growth. Use VISION 2040 and Transportation 2040 as the policy and funding framework for creating a system of Urban Centers and Manufacturing/Industrial Centers linked by high-capacity transit, bus transit and an interconnected system of freeways and high-occupancy vehicle lanes. I T-2 Avoid construction of major roads and capacity expansion on existing roads in the Rural Area and Resource Lands. Where increased roadway capacity is warranted to support safe and efficient travel through the Rural Area,appropriate rural development regulations and effective access management should be in place prior to authorizing such capacity expansion in order to make more efficient use of existing roadway capacity and prevent unplanned growth in the Rural Area. T-3 Increase the share of trips made countywide by modes other than driving alone through coordinated land use planning, public and private Investment, and programs focused on centers and connecting corridors, consistent with locally adopted mode split goals.I i T-4 Develop station area plans for high capacity transit stations and transit hubs. Plans should reflect the unique characteristics and local vision for each station area including transit supportive land uses, transit rights-of-way,stations and related facilities, multi-modal linkages, and place-making elements. T-5 Support countywide growth management objectives by prioritizing transit service to areas where existing housing and employment densities support transit ridership and to Urban Centers and other areas planned for housing and employment densities that will support transit ridership. Address the mobility needs of transit-dependent populations in allocating transit service and provide at least a basic level of service throughout the Urban Growth Area. Z T-6 Foster transit ridership by designing transit facilities and services as well as non-motorized O infrastructure so that they are integrated with public spaces and private developments to create an inviting public realm. a T-7 Ensure state capital improvement policies and actions are consistent with the Regional Growth Strategy and support VISION 2040 and the Countywide Planning Policies. T-g Prioritize regional and local funding to transportation investments that support adopted growth targets. UU 4 1 RES.J Page 357 of 436 yoga King County Countywide Planning Policies November 2012 Amended December 3,2012 Mobility Mobility is necessary to sustain personal quality of life and the regional economy For individuals, mobility requires an effective transportation system that provides safe, reliable, and affordable travel options for people of all ages, incomes and abilities. While the majority of people continue to travel by personal automobile,there are growing segments of the population (e.g. urban, elderly, teens, low income, minorities, and persons with disabilities)that rely on other modes of travel such as walking, bicycling,and public transportation to access employment,education and training,goods and services. According to the 2009Americon Community Survey, about 8.7 percent of all households in King County had no vehicle available. For many minority populations, more than 20 percent had no vehicle available to them. The movement of goods is also of vital importance to the local and regional economy International trade Is a significant source of employment and economic activity in terms of transporting freight, local consumption, and exporting of goods. The policies in this section are intended to address use and integration of the multiple modes necessary to move people and goods within and beyond the region. The importance of the roadway network, Implicit in the policies of this section,is addressed more specifically in the System Operations section of this chapter Goal Statement.,A well-integrated, multi-modal transportation system transports people and goods effectively and efficiently to destinations within the region and beyond. T-9 Promote the mobility of people and goods through a multi-modal transportation system based on regional priorities consistent with VISION 2040 and local comprehensive plans. T-10 Support effective management of existing air, marine and rail transportation capacity and address future capacity needs in cooperation with responsible agencies, affected communities, and users. T-11 Develop and implement freight mobility strategies that strengthen King County's role as a o major regional freight distribution hub,an international trade gateway, and a manufacturing area. T-12 Address the needs of non-driving populations in the development and management of a local and regional transportation systems. T-13 Site and design transit stations and transit hubs to promote connectivity and access for pedestrian and bicycle patrons. U 4 2 RES.J Page 358 of 436 x'AAa'King County Countywide Planning Policies November 2012 Amended December 3, 2012 System Operations The design, management and operation of the transportation system are major factors that influence the region's growth and mobility Policies in this section stress the need to make efficient use of the existing infrastructure,serve the broad needs of the users,address safety and public health issues,and design facilities that are a good fit for the surroundings. Implementation of the policies will require the use of a wide range of tools Including, but not limited to: technologies such as intelligent transportation systems and alternative fuels; i demand management programs for parking, commute trip reduction and congestion; and incentives, pricing systems and other strategies to encourage choices that increase mobility while improving public health and environmental sustainability Goal Statement: The regional transportation system is well-designed and managed to protect public investments, promote public health and safety, and achieve optimum efficiency. T-14 Prioritize essential maintenance, preservation,and safety improvements of the existing transportation system to protect mobility and avoid more costly replacement projects. T-15 Design and operate transportation facilities in a manner that is compatible with and integrated into the natural and built environments in which they are located. Incorporate features such as natural drainage, native plantings, and local design themes that facilitate integration and compatibility T-16 Protect the transportation system (e.g. roadway, rail,transit, air,and marine)against major disruptions by developing prevention and recovery strategies and by coordinating disaster response plans. T-17 Promote the use of tolling and other pricing strategies to effectively manage the transportation system, provide a stable and sustainable transportation funding source,and 0 improve mobility o; T-18 Develop a countywide monitoring system to determine how transportation investments P are performing over time consistent with Transportation 2040 recommendations.I I T-19 Design roads and streets, including retrofit projects, to accommodate a range of i; motorized and non-motorized travel modes in order to reduce injuries and fatalities and to a encourage non-motorized travel. The design should include well-defined, safe and appealing spaces for pedestrians and bicyclists. U 4 3 RES.J Page 359 of 436 4je King County Countywide Planning Policies November 2012 Amended December 3, 2012 T-20 Develop a transportation system that minimizes negative impacts to human health, including exposure to environmental toxins generated by vehicle emissions. T-21 Provide opportunities for an active,healthy lifestyle by integrating the needs of pedestrians and bicyclists in the local and regional transportation plans and systems. T-22 Plan and develop a countywide transportation system that reduces greenhouse gas emissions by advancing strategies that shorten trip length or replace vehicle trips to decrease vehicle miles traveled. T-23 Apply technologies, programs and other strategies that optimize the use of existing infrastructure in order to improve mobility, reduce congestion,increase energy-efficiency,and reduce the need for new infrastructure. T-24 Promote the expanded use of alternative fuel vehicles by the general public with measures such as converting public and private fleets, applying incentive programs, and providing for electric vehicle charging stations throughout the Urban Growth Area. O F F 0OaEn Z L A UU 4 4 RES.J Page 360 of 436 YU9 King County Countywide Planning Policies November 2012 Amended December 3,2012 PUBLIC FACILITIES AND SERVICES Overarching Goal: County residents in both Urban and Rural Areas have access to the public services needed In order to advance public health and safety, protect the environment, and carry out the Regional Growth Strategy. Urban and Rural Levels of Service The Growth Management Act directs jurisdictions and special purpose districts to provide public facilities and services to support development. The Growth Management Act distinguishes between urban and rural services and states that land within the Urban Growth Area should be provided with a full range of services necessary to sustain urban communities while land within the Rural Area should receive services to support a rural lifestyle. Certain services, such as sanitary sewers, are allowed only in the Urban Growth Area,except as otherwise authorized. The Growth Management Act also requires jurisdictions to determine which facilities are necessary to serve the desired growth pattern and how they will be financed,in order to ensure timely provision of adequate services and facilities. PF-1 Provide a full range of urban services in the Urban Growth Area to support the Regional Growth Strategy and adopted growth targets and limit the availability of services in the Rural Area consistent with VISION 2040. Collaboration Among Jurisdictions 5 More than 100 special purpose districts, including water,sewer, flood control, stormwater, fire, W school and other districts, provide essential services to the residents of King County.While cities are the primary providers of services in the Urban Growth Area,in many parts of the county special purpose districts also provide essential services. Coordination and collaboration among all of these districts,the cities, King County, the tribes, and neighboring counties is key to providing efficient, high-quality and reliable services to support the Regional Growth i Strategy w PF-2 Coordinate among jurisdictions and service providers to provide reliable and cost- a effective services to the public. W a PF-3 Cities are the appropriate providers of services to the Urban Growth Area, either directly or by contract. Extend urban services through the use of special districts only where there are agreements with the city in whose Potential Annexation Area the extension is proposed.Within U the Urban Growth Area, as time and conditions warrant, cities will assume local urban services provided by special service districts. 4 5 RES.J Page 361 of 436 e King County Countywide Planning Policies November 2012 Amended December 3, 2012 utilities Utilities include infrastructure and services that provide water supply,sewage treatment and disposal,solid waste disposal,energy,and telecommunications. Providing these utilities in a cost-effective way is essential to maintaining the health and safety of King County residents and to implementing the Regional Growth Strategy Water Supply Conservation and efficient use of water resources are vital to ensuring the reliability of the region's water supply,the availability of sufficient water supplies for future generations,and the environmental sustainability of the water supply system. PF-4 Develop plans for long-term water provision to support growth and to address the potential impacts of climate change on regional water resources. PF-5 Support efforts to ensure that all consumers have access to a safe, reliably maintained, and sustainable drinking water source that meets present and future needs. PF-6 Coordinate water supply among local jurisdictions,tribal governments, and water purveyors to provide reliable and cost-effective sources of water for all users, including residents, businesses,fire districts, and aquatic species. U3W PF-7 Plan and locate water systems in the Rural Area that are appropriate for rural uses and U densities and do not increase the development potential of the Rural Area. W m PF-8 Recognize and support agreements with water purveyors in adjacent cities and counties to promote effective conveyance of water supplies and to secure adequate supplies for N emergencies. PF-9 Implement water conservation and efficiency efforts to protect natural resources, reduce d environmental impacts, and support a sustainable long-term water supply to serve the growing w population. U PF-10 Encourage water reuse and reclamation, especially for high-volume non-potable water users such as parks,schools, and golf courses. c, cV 4 6 RES.J Page 362 of 436 i Q King County Countywide Planning Policies 1 November2012 Amended December 3, 2012 Sewage Treatment and Disposal Within the Urban Growth Area, connection to sanitary sewers is necessary to support the Regional Growth Strategy and to accommodate urban densities. Alternatives to the sanitary sewer system and the typical septic system are becoming more cost effective and therefore, more available. Alternative technology may be appropriate when it can perform as well or better than sewers in the Urban Growth Area. Septic systems are not considered to be alternative technology within the Urban Growth Area. In the Rural Area and Resource Lands,which are characterized by low-density development, sewer service is not typically provided. In cases where public health is threatened, sewers can be provided in the Rural Area but only if connections are strictly limited. Alternative technology may be necessary to substitute for septic systems in the Rural Area. PF-11 Require all development in the Urban Growth Area to be served by a public sewer system except: a) single-family residences on existing individual lots that have no feasible access to sewers may utilize individual septic systems on an interim basis; or b) development served by alternative technology other than septic systems that: provide equivalent performance to sewers; provide the capacity to achieve planned densities; and will not create a barrier to the extension of sewer service within the Urban Growth Area PF-12 Prohibit sewer service in the Rural Area and on Resource Lands except:r a) where needed to address specific health and safety problems threatening existing U structures;or b) as allowed by Countywide Planning Policy DP-47; or iX1 c) as provided in Appendix 5 (March 31, 2012 School Siting Task Force Report). Sewer service authorized consistent with this policy shall be provided in a manner that does not increase development potential in the Rural Area. W P a U Solid Waste w U King County and the entire Puget Sound region are recognized for successful efforts to collect pi recyclable waste. Continuing to reduce and reuse waste will require concerted and coordinated a efforts well into the future. It is important to reduce the waste stream going into area landfills to extend the usable life of existing facilities and reduce the need for additional capacity Q j I PF-13 Reduce the solid waste stream and encourage reuse and recycling. U 4 7 RES.J Page 363 of 436 I d King County Countywide Planning Policies November 2012 Amended December 3, 2012 Energy While King County consumers have access to electrical energy derived from hydropower,there are challenges for securing long-term reliable energy and for becoming more energy efficient. PF-14 Reduce the rate of energy consumption through efficiency and conservation as a means to lower energy costs and mitigate environmental impacts associated with traditional energy supplies. PF-15 Promote the use of renewable and alternative energy resources to help meet the county's long-term energy needs, reduce environmental impacts associated with traditional energy supplies,and increase community sustainability Telecommunicatlons A telecommunications network throughout King County is essential to fostering broad economic vitality and equitable access to information,goods and services,and opportunities for social connection. i PF-16 Plan for the provision of telecommunication infrastructure to serve growth and development In a manner consistent with the regional and countywide vision. I Human and Community Services j U Public services beyond physical infrastructure are also necessary to sustain the health and quality of life of all King County residents. In addition, these services play a role in W distinguishing urban communities from rural communities and supporting the Regional Growth q Strategy Q PF-17 Provide human and community services to meet the needs of current and future residents in King County communities through coordinated planning, funding, and delivery of services by the county, titles, and other agencies. Q w U a Locating Facilities and Services a VISION 2040 calls for a full range of urban services in the Urban Growth Area to support the Regional Growth Strategy, and for limiting the availability of services in the rural area. In the ro long term, there is increased efficiency and cost effectiveness in siting and operating facilities U and services that serve a primarily urban population within the Urban Growth Area.At the 4 8 RES.J Page 364 of 436 II 4 King County Countywide Planning Policies November 2012 Amended December 3, 2012 same time, those facilities and services that primarily benefit rural populations provide a greater benefit when they are located within neighboring cities and rural towns. PF-18 Locate new schools, institutions,and other community facilities and services that primarily serve urban populations within the Urban Growth Area, where they are accessible to the communities they serve,except as provided in Appendix 5 (March 31, 2012 School Siting Task i Force Report). Locate these facilities in places that are well served by transit and pedestrian and bicycle networks. PF-19 Locate new schools and institutions primarily serving rural residents in neighboring cities and rural towns, except as provided in Appendix 5 (March 31, 2012 School Siting Task Force Report)and locate new community facilities and services that primarily serve rural residents In neighboring cities and rural towns,with the limited exceptions when their use is dependent upon rural location and their size and scale supports rural character I Siting Public Capital Facilities While essential to growth and development,regional capital facilities can disproportionately affect the communities in which they are located. It is important that all jurisdictions work collaboratively and consider environmental justice principles when siting these facilities to foster the development of healthy communities for all. PF-20 Site or expand public capital facilities of regional or statewide importance within the county in a way that equitably disperses impacts and benefits and supports the Countywide Planning Policies. WU W I I W i UQw U a i I a I UU 4 9 RES.J Page 365 of 436 n K C 5 K S 1t 4. n. SJip r CM- a. :_ :. w::»....,_ _ x.` 1 .. r:; fie RES.J Page 366 of 436 avw 3Sf1 QNV' I I XIQNHddV. laldpgD and Y t'' fife:+',• r. r f taEEc; Y i-' Yom. sP 1.. i: -'; cis;.<, yi" eLi rY. T y MW let Mama MV21 No SE CL c f 5- `•,. __ '_ _ 8 X351 Cl 1 y za ' i` j . ai 8• ^^-, ff?:; ii'+: 6'i' _ ._ ti i- _ D J'? -• "' g VONr Lis G 3T:; Ask i LY^ Z e i- +•..• 2-'. H`." nY CD Y Q _ C16 Q5 v 51 A rz 2 RES.J Page 367 of 436 Wq King County Countywide Planning Policies November 2012 Amended December 3, 2012 APPENDIX 3. URBAN SEPARATORS MAPS Vifty DA.Hw C/) Mdh C. cf) f I kg King County Urban Separators: North Overview-June 2012 1,,q VI r!j FA RES.J Page 368 of 436 qu& aimq6: a, 31 l a u! G\ d|EVEN{ rG 4Dco f. , 6 RES.J Page 369 of 436 d King County Countywide Planning Policies November 2012 Amended December 3, 2012 Y u[AM>l MI>llll\t Ya,hM61 R of llflxll i J h k M Y to wm^ MwlxM JM5 MI Yx.f Af 1Yrx>, el MIYMfI n Y 1,\111 j 4• 1 o^" f I M„ " h'}'" 3 11 41n(I111VIlIe I Yu II.Ii IT r i p „Yxelq ul>.Mn ) 1 i i'`•1 iliY 4rxry x , a neR 6 K\nan F p Y' hMI VrHI„gKl(IfI3OCI MIM1M6 T ' ,r1. 1 If,' I ppn p i 1.:If Ywlf 4S\>f?nelnyc K. er I! I. '1 t.(1 S• u\vo>I F J' KIM>\K MYI>IN Kwrc>I nea b b y; I , ? • IS/t MY[IxM1 Mt1Mh K,hner At S ` ,.:1 :I i. 11j!'• y h ma i,. Redlnund j'I ' o u,t>xel Orr tf t<tngCourrty Urban Separators KirkfandlWlllows•June 2012 W f.> JnnM 1iU1ra 6cANe.BVdw> IM fsn[al OAp d(,T'yY W 9xY1.142'>+<Pnn+n,ICNb V+ r r MEGMV ft I 8 fv>\>I IM R JTw If„}.UtanRW etnl•.nd M>t lTi Mntral ez vm.Krrrn k'S9>wy S/ WA P'r W'i>xM,GN'r'i (Itxy[^,WlfNnxt+lf•W lNif rlrfd!/a1A IINfm(II Jr ' k]\F.rcopnJ b..YC*^%" OM V>x>yAh w\IMt+P1>N.Y'.Ie.+110.rY>) l Ml axr wY CYxxl CptxFWei,vm ed\Mx>vrN R+e>Tn f y c uvv e.A. w+we+(xslenA•I iWIT gp kel U 5 4 RES.J Page 370 of 436 4Ue King County Countywide Planning Policies November 1012 Amended December 3, 2012 APPENDIX 4 HOUSING TECHNICAL APPENDIX Affordable Housing Need Each jurisdiction, as part of its Comprehensive Plan housing analysis,will need to address affordability and condition of existing housing supply as well as its responsibility to accommodate a significant share of the countywide need for affordable housing. In order for each jurisdiction to address its share of the countywide housing need for very-low, low and moderate income housing,a four step approach has been identified: 1. Conduct an inventory and analysis of housing needs and conditions; 2. Implement policies and strategies to address unmet needs; 3. Measure results;and 4. Respond to measurement with reassessment and adjustment of strategies. The methodology for each jurisdiction to address countywide affordable housing need is summarized as follows: Countywide need for Housing by Percentage of Area Median Income(AMT) 1. Moderate Income Housing Need. Census Bureau estimates'indicate that approximately 16 percent of households in King County have incomes between 50 and 80 percent of area median income; establishing the need for housing units affordable to these moderate income households at 16 percent of each jurisdiction's total housing supply 2. Low Income Housing Need. Census Bureau estimates'indicate that approximately 12 w percent of households in King County have incomes between 30 and 50 percent of area °a median income; establishing the need for housing units affordable to these low income households at 12 percent of each jurisdiction's total housing supply U 3. Very-Low Income Housing Need. Census Bureau estimates'indicate that approximately 1 percent of households in King County have Incomes between 0 and 30 percent of area median income; establishing the need for housing units affordable to these very-low income households at 12 percent of each jurisdiction's total housing supply This is where] the greatest need exists, and should be a focus for all jurisdictions. px Housing Supply and Needs Analysis Context: As set forth in policy H-3,each jurisdiction must include in its comprehensive plan an inventory of the existing housing stock and an analysis of both existing housing needs and housing needed to accommodate projected population growth over the planning period. This',," policy reinforces requirements of the Growth Management Act for local Housing Elements. The h ousing supply and needs analysis is referred to in this appendix as the housing analysis. As is noted in policy H-1, H-2, and H-3,the housing analysis must consider local as well as countywide housing needs because each jurisdiction has a responsibility to address a U significant share of the countywide affordable housing need. 5 5 RES.J Page 371 of 436 tea' King County Countywide Planning Policies November 2012 Amended December 3, 2012 The purpose of this section of Appendix 4 is to provide further guidance to local jurisdictions on the subjects to be addressed in their housing analysis. Additional guidance on carrying out the housing analysis is found in the Puget Sound Regional Council's report, "Puget Sound Regional Council Guide to Developing an Effective Housing Element," and the Washington Administrative Code, particularly 365-196-410(2)(b)and (c). The state Department of Commerce also provides useful information about housing requirements under the Growth Management-Act. Housing Supply Understanding the mix and affordability of existing housing is the first step toward identifying gaps in meeting future housing needs. Combined with the results of the needs analysis,these data can provide direction on appropriate goals and policies for both the housing and land use elements of a jurisdiction's comprehensive plan. Ajurisdiction's housing supply inventory should address the following: Total housing stock in the community; Types of structures in which units are located (e.g., single-family detached, duplex or other small multiplex,townhome, condominium,apartment, mobile home,accessory dwelling unit,group home, assisted living facility); Unit types and sizes(i.e., numbers of bedrooms per unit); Housing tenure (rental vs. ownership housing); Amount of housing at different price and rent levels, including rent-restricted and subsidized housing; Housing condition (e.g. age,general condition of housing,areas of community with higher proportion of homes with deferred maintenance);a Vacancy rates; d Statistics on occupancy and overcrowding; U Neighborhoods with unique housing conditions or amenities; Location of affordable housing within the community, including proximity to transit; U Transportation costs as a component of overall cost burden for housing; Housing supply, including affordable housing,within designated Urban Centers and local 0 centers; Capacity for additional housing, by type, under current plans and zoning; and o Trends in redevelopment and reuse that have an impact on the supply of affordable x housing. Housing Needs The housing needs part of the housing analysis should Include demographic data related to w existing population and demographic trends that could impact future housing demand (e.g. p aging of population).The identified need for future housing should be consistent with the jurisdiction's population growth and housing targets. The information on housing need should a be evaluated in combination with the housing supply part of the housing analysis in order to U assess housing gaps, both current and future. This information can then inform goals, policies, and strategies in the comprehensive plan update. 5 6 RES.J Page 372 of 436 RMe King County Countywide Planning Policies November 2012 Amended December 3, 2012 A comprehensive housing needs analysis should address the following population, household, and community characteristics: Household sizes and types; Age distribution of population, Ethnic and racial diversity; Household income, including the following income groupings: 30 percent of area median income or lower(very-low-income), Above 30 percent to 50 percent of area median income(low-income) Above 50 percent to 80 percent of area median income(moderate-income) Above 80 percent to 100 percent of area median income (middle-income) Above 100 percent to 120 percent of area median income (middle-income) Above 120 percent of median Income; Housinggrowth targets and countywide affordable housing need for very-low, low and moderate income households as stated in the Countywide Planning Policies; The number and proportion of households that are "cost-burdened." Such households pay more than thirty percent of household income toward housing costs. Severely-cost-burdened" households pay more than fifty percent of household income toward housing costs. Trends that may substantially impact housing need during the planning period. For example, the impact that a projected increase in senior population would have on q demand for specialized senior housing, including housing affordable to low-and a moderate-income seniors and retrofitted single family homes to enable seniors to age in t place. Housing demand related to job growth,with consideration of current and future jobs- U housing balance as well as the affordable housing needs of the local and subreglonal workforce.U Housing needs, including for low-and moderate-income households,within designated Urban Centers and local centers. i Note on Adjusting for Household Size 0 As currently calculated, the affordable housing targets do not incorporate differences in x household size. However, the reality is that differently-sized households have different housing needs(Le., unit size, number of bedrooms)with different cost levels. A more accurate approach to setting and monitoring housing objectives would make adjustments to reflect q current and projected household sizes and also unit sizes in new development. Accounting for zµi household size in providing affordable units could better inform local policies and programs as 4wellasfutureupdatesoftheCountywidePlanningPoliciesandaffordablehousingtargets. Ia Implementation Strategies n As stated in policy H-5, local jurisdictions need to employ a range of strategies for promoting U housing supply and housing affordability The Puget Sound Regional Council's Housing 5 7 RES.J Page 373 of 436 0 King County Countywide Planning Policies November 2012 Amended December 3, 2012 Innovations Program Housing Toolkitr presents a range of strategies. The strategies are identified as being generally applicable to single family development, multifamily development, ownership housing, rental housing, market rate projects, and subsidized projects. Strategies marked as a "Featured Tool" are recommended as being highly effective tools for promoting affordable and diverse housing in the development markets for which they are identified. Measuring Results Success at meeting a community's need for housing can only be determined by measuring results and evaluating changes to housing supply and need. Cities are encouraged to monitor basic information annually, as they may already do for permits and development activity. Annual tracking of new units, demolitions, redevelopment, zoning changes, and population growth will make periodic assessments easier and more efficient. A limited amount of annual monitoring will also aid in providing timely information to decision makers. Policy H-18 requires jurisdictions to review their housing policies and strategies at least every five years to ensure periodic reviews that are more thorough and that provide an opportunity to adapt to changing conditions and new information. This five-year review could be aligned with a jurisdiction's five-year buildable lands reporting process. q W a U U WU F t7 0O Z S wa UU PSRC Housing Innovations Program Housing 7'oolkit littp:Hpsrc.org/growtivhip/ 5 8 RES.J Page 374 of 436 i 1410 King County Countywide Planning Policies November 2012 Amended December 3, 2012 APPENDIX 5 KING COUNTY SCHOOL SITING TASK FORCE REPORT On March 31, 2012 the School Siting Task Force issued the following report and recommendations related to 18 undeveloped school sites in King County,and future school siting. Countywide Planning Policies DP-50, PF-12, PF-18 and PF-19 contain references to this report, and in particular the Site Specific Solutions table found on pages 15-19. O W Ow F i U) 1OOx Uco U y I Qz QW Q i. I U i 5 J RES.J Page 375 of 436 0 0 lL 10( lH2i HDXOA) ISYI DNLLIS` IOOHOS AIMOO ONI} I : S XIQNHddV • lald2g0 CLNvV_OmCCCQ4vU ryN 3 M O L U c, ti N U vO o+ `, a c a v x av Z E RES.J Page 376 of 436 17486 March 31,2012 Dow Constantine,King County Executive King County Chinook Building 401 Fifth Avenue,Suite 800 Seattle, WA 98104 Dear Executive Constantine, With this letter we transmit to you the final report and recommendations of the School Siting Task Force. The critical issues of quality education,efficient use of taxpayer dollars,equitability,preservation of rural character, and sustainable growth made consideration of undeveloped rural school sites and all other future school siting a complex and important undertaking. Together, we have worked diligently since December to craft these recommendations. We represent diverse perspectives and through our discussions we have reached agreement on specific solutions and recommendations that we believe to be in the best interests of all King County residents, particularly our schoolchildren. We are pleased to present to you these recommendations informed by accepted data collected by our Technical Advisory Committee. We would be happy to serve as a resource in any way we can as you consider these recommendations.We look forward to your review,and we stand ready to assist in their implementation. Thank you for the opportunity to serve on the Task Force. We look forward to having these recommendations incorporated in future planning. Sincerely, King County School Siting Task Force members i i signatures on reverse) i RES.J Page 377 of 436 17486 Table of Contents SECTION 1.ACKNOWLEDGEMENTS. 1 SECTION 2:GLOSSARY OF TERMS AND ACRONYMS. 1 SECTION 3:OVERVIEW AND BACKGROUND INFORMATION.4 OVERVIEW 4 GMPC GUIDANCE FOR THE TASK FORCE. 6 SECTION 4:THE TASK FORCE PROCESS 16 APPOINTING THE TASK FORCE. 6 HIRING A FACILITATOR 6 STRUCTURE AND ROLES OF THETASK FORCE.7 TECHNICAL ADVISORY COMMITTEE 7 FRAMING WORK GROUP 7 MEETING STRUCTURE AND PROCESS 7 DECISION MAKING:A CONSENSUS APPROACH 8 PUBLIC PROCESS. 9 INFORMATION CONSIDERED BY THE TASK FORCE. 9 TASK FORCE REPORT 11 SECTION 5: RECOMMENDATIONS 11 INTRODUCTION. 11 RECOMMENDED SOLUTIONS FOR UNDEVELOPED RURALSITES 11 RECOMMENDATIONS FOR FUTURE SCHOOL SITING 20 SECTION 6:IMPLEMENTING TASK FORCE RECOMMENDATIONS AND NEXT STEPS. 22 NEXT STEPS. 22 APPENDICES(Attached) A. TASK FORCE MEMBERSHIP ATTACHED D ATTACHED. FRAMING WORK GROUP MEMBERSHIP I C. TECHNICAL ADVISORY COMMITTEE MEMBERSHIP ATTACHED D. MAP OF 18 UNDEVELOPED SCHOOL SITES. ATTACHED E. GMPC MOTION 11-2. ATTACHED APPENDICES(ON CD) F MATRIXOF TECHNICAL INFORMATION ON UNDEVELOPED SITES ON ATTACHED CD G. MAPS OF UNDEVELOPED SITES ON ATTACHED CD H. DEMOGRAPHIC INFORMATION.ON ATTACHED CD I. ENROLLMENT PROJECTIONS ONATTACHEDCD J. PUBLIC HEALTH ASPECTS OF SCHOOL SITING ON ATTACHED CD K. TECHNICAL ADVISORY COMMITTEE WORK(13 TASKS). ON ATTACHED CD L. STATESCHOOL SITING GUIDELINES ON ATTACHED CD M. EXISTING POLICYAND REGULATORY FRAMEWORK ON ATTACHED CD N. EXCERPT FROM PSRC ISSUE PAPER ON RURAL AREAS, ON ATTACHED CD O. LAND USE PLANNING OVERVIEW. ON ATTACHED CD P MEETING SUMMARIES ONATTACHEDCD Q. OPERATING PROTOCOLS. ON ATTACHED CD R. PROCESS SCHEMATIC.ON ATTACHED CD RES.J Page 378 of 436 17486 S. TASK FORCE MEMBER INTERESTS ON ATTACHED CD T. INTERVIEW SUMMARY ON ATTACHED CD U. PUBLIC COMMENTS. ON ATTACHED CD l RES.J Page 379 of 436 17486 SECTION 1 Acknowledeements The School Siting Task Force thanks the King County Executive and the Growth Management Planning Council for the opportunity to provide input on an issue critical to supporting K-12 education and to preserving natural resources,public health,and quality of life in King County The Task Force would especially like to thank its members who agreed to serve on the Framing Work Group. This group met on multiple occasions throughout the process, generally twice between each Task Force meeting, to develop and frame issues and meeting approaches for the full Task Force. Without the considerable efforts of this group,the Task Force would not have been able to accomplish its work. The Task Force also thanks the Technical Advisory Committee (TAC), whose members worked throughout January, February, and March of 2012 to gather data and information on the undeveloped rural school sites and to compile additional information relevant to future school siting. The Task Force also acknowledges the many members of the public who submitted comments and/or attended one or more Task Force or TAC meetings. Their contributions provided valuable insight for the Task Force's consideration. Finally,the Task Force thanks Triangle Associates for their exemplary support throughout the process. See Appendices A,E,and C for Task Force,Framing Work Group,and TAC membership. SECTION Z Glossary of Terms and Acronyms Comprehensive Plan A generalized coordinated land use policy statement of the governing body of a county or city that is adopted pursuant to 36.70A RCW (Washington State Growth Management Act) Countywide Planning Policies(CPPs) A written policy statement or statements used solely for establishing a countywide framework from which county and city comprehensive plans are developed and adopted pursuant to the Growth Management Act. (Washington State Growth Management Act) Growth Management Act(GMA) The GMA was enacted in 1990 in response to rapid population growth and concerns with suburban sprawl, environmental protection, quality of life, and related issues. The GMA requires the fastest growing counties and the cities within them to plan for growth. The GMA provides a framework for regional coordination; counties plarming under the GMA are required to adopt county-wide planning policies to guide plan adoption within the county and to establish urban growth areas (UGAs). Local comprehensive plans must include the following elements: land use, housing, capital facilities, utilities, RES.J Page 380 of 436 17486 transportation, and, for counties, a rural element. (Mimicipal Research and Services Center of Washington) Growth Management Planting Council(GMPC) The GMPC, which was established by an Interlocal agreement, is a 15-member council of elected officials from Seattle, Bellevue, suburban cities and King County The GMPC Itas been responsible for the preparation and recommendation of the Countywide Planning Policies to the Metropolitan King County Council,which then adopts the policies and sends them to the cities for ratification. (King County Comprehensive Plan) Identified Need Identified treed exists if a school district has determined the type of school needed and a timeframe for development on one of the 18 undeveloped school sites. (.Source:School Siting Task Force) Multi-County Planing Policies An official statement, adopted by two or more counties, used to provide guidance for regional decision- making, as well as a common framework for countywide planning policies and local comprehensive plans.(Puget Sound Regional Council) Nonconformance Any rise, improvement or structure established in conformance with King County rules and regulations in effect at the time of establishment that no longer conforms to the range of uses permitted in the site's current zone or to the current development standards of the code, due to changes in the code or its application to the subject property (King County Code) I Regional Growth Strategy An approach for distributing population and employment growth within the four-county central Puget Sound region(King,Kitsap,Pierce, Snohomish). (Puget Sound Regional Council) Rural Area Outside the urban growth area, rural lands contain a mix of low-density residential development, agriculture, forests, open space and natural areas, as well as recreation uses. Counties and adjacent small towns provide a limited number of public services to rural residents. (Puget Sound Regional Council) I Rural Character Rural Character refers to the patterns of land use and development established by a county in the rural element of its comprehensive plan: a. In which open space, the natural landscape, and vegetation predominate over the built environment; b. That foster traditional rural lifestyles, rural-based economies, and opportunities to both live and work in rural areas; RES.J Page 381 of 436 17486 c. That provide visual landscapes that are traditionally found in rural areas and conuimnities; d. That are compatible with the use of the land by wildlife and for fish and wildlife habitat; e. That reduce the inappropriate conversion of undeveloped land into sprawling, low-density development; f. That generally do not require the extension of urban governmental services;and g. That are consistent with the protection of natural surface water flows and groundwater and surface water recharge and discharge areas Washington State Growth Management Act) Rural Cities A free-standing municipality that is physically separated from other cities and towns by designated rural lands. Also referred to as "Cities in the Rural Area." The incorporated rural cities are Black Diamond, Carnation,Duvall,Enumclaw,North Bend,Skykomish and Snoqualmie. (Puget Sound Regional Council, King County Comprehensive Plan) Rural Towas Rural towns are unincorporated areas governed directly by King County They provide a focal point for comoumity groups such as chambers of commerce or community councils to participate in public affairs. The purposes of rural town designations within the County's Comprehensive Plan are to recognize existing concentrations of higher density and economic activity in rural areas and to allow modest growth of residential and economic uses to keep them economically viable into the future. Rural towns in King County include Alpental,Fall City and Vashon. (King County Comprehensive Plan) Rural Zoning The rural zone is meant to provide an area-wide, long-term, rural character and to minimize land use conflicts with nearby agricultural, forest or mineral extraction production districts. These purposes are accomplished by 1) limiting residential densities and permitted uses to those that are compatible with rural character and nearby resource production districts and are able to be adequately supported by rural service levels;2)allowing small scale fanning and forestry activities and tourism and recreation uses that can be supported by rural service levels and are compatible with rural character; and 3) increasing required setbacks to minimize conflicts with adjacent agriculture, forest or mineral zones. (King County Comprehensive Plan) Tightline Sewer A sewer trunk line designed and intended specifically to serve only a particular facility or place, and whose pipe diameter should be sized appropriately to ensure service only to that facility or place. It may occur outside the local service area for sewers, but does not amend the local service area. (King County Comprehensive Plan) Unincorporated Area Unincorporated areas are those areas outside any city and under King County's jurisdiction. (King County Comprehensive Plan) RES.J Page 382 of 436 174&6 Urban Growth Area (UGA) The area formally designated by a county, in consultation with its cities, to accommodate future development and growth. Given that cities are urban, each city is within a county-designated urban growth area. Cities may not annex lands outside an urban growth area, nor may they formally identify additions to the urban growth area independently of the county designation process. Development that is urban in character is to occur within the designated urban growth area, preferably in cities. Development outside the designated urban growth area is to be rural in character. (Puget Sound Regional Council) VISION 2040 VISION 2040 is the growth management, environmental, economic, and transportation vision for the central Puget Sound region. It consists of an environmental framework, a regional growth strategy, policies to guide growth and development, actions to implement, and measures to track progress. (Puget Sound Regional Council) SECTION 3: Overview and Background Information Overview I The Washington State Growth Management Act (GMA) requires counties and cities to work together to plan for growth. In King County,the Growth Management Planning Council (GMPC) is the countywide planning body through which the County and cities collaborate. The GMPC is comprised of elected j officials from King County, Seattle, Bellevue, the Suburban Cities Association, and special purpose districts. The GMPC develops and recmmnends Countywide Planning Policies (CPPs) to the King County Council where they are reviewed, adopted, and sent to the cities for final ratification. The CPPs were initially adopted in 1992;certain elements of the policies have been updated over the years. In 2010 and 2011, the GMPC undertook the first comprehensive evaluation of the CPPs since their initial adoption. A full set of updated policies is required to bring the CPPs into compliance with the multicounty planning policies (VISION 2040) adopted by the Puget Sound Regional Council in 2008. VISION 2040 is the regional growth strategy for the four-county region including King, Kitsap, Pierce and Snohomish Counties. On September 21,2011 the GMPC completed its review and voted to recommend an updated set of CPPs to the King County Council.However,they could not reach consensus on policies governing the siting of public facilities and services. At issue was whether public schools serving primarily urban populations should be sited in rural areas, and whether such facilities should be served by sewers. The recent update of VISION 2040 included policies stating that schools and other community facilities serving primarily urban populations should be sited in the urban growth area,and that urban services(sewers)should not be provided in anal areas. In the interest of consistency, the GMPC was considering adding similar policies to the CPPs. RES.J Page 383 of 436 17466 While the GMA is clear that sewers are not permitted in rural areas(except in limited circumstances), the CPPs have since 1992 contained a policy that allows public schools to be served by sewer when a finding is made that no alternative technologies are feasible.King County implements this policy by authorizing a tightline sewer connection after the finding is made. This potential change in policy was of concern to school districts, many of which owned or had an interest in undeveloped rural properties. While some had acquired their properties before the adoption of the GMA and CPPs, most had not. Those school districts purchasing land after 1992 did so under a regulatory framework that permitted schools in rural areas and that allowed a tightline sewer if needed.At the time, with rising land costs in urban areas and rapid growth, choosing less expensive rural sites seemed the most judicious use of limited taxpayer funds. Many school districts pointed out the difficulty of finding large parcels in urban areas, and the importance of siting schools so that they are convenient for all students, including those in rural areas. School districts leaders testified that they do not distinguish between the urban and rural portions of their service areas; their planning takes into account the needs of their districts as a whole. The policy debate generated testimony from rural residents, many of whom expressed concerns about the impacts of siting schools in rural areas, including traffic congestion, environmental degradation,and loss of rural character. They pointed out that while initial land costs might be lower in rural areas, the total costs to society of siting schools in non-urban areas might be greater. In addition to the impacts of transporting large numbers of urban students to schools in rural areas, the cost of transportation investments needed to support new schools are borne only by unincorporated area residents. These community impacts and financial burdens are not shared equally by residents in incorporated areas.Much of the testimony from rural residents questioned the fairness and sustainability of siting in rural areas infrastructure supporting primarily urban development. In order to address these concerns, to acknowledge the changing environment and to support school districts in their obligation to provide quality education for the children of King County, the GMPC agreed to set aside the policies related to siting public facilities and postpone their consideration until a task force made up of school districts, cities,King County, rural residents, and other experts could study the issue and report back to the King County Executive. GMPC Guidance for the Task Force The GMPC established guidance for formation of the School Siting Task Force in their Motion 11-2 Appendix E)on September 21,2011 The Task Force was given the Mission to: Develop recommendations to better align city, coanty, and school districts'planning for fi ture school facilities in order to provide quality education for all children and maximize health, environmental,programmatic,fiscal, and social objectives. GMPC Motion 11-2, School Siting Task Force Work Plan, Task Force Mission RES.J Page 384 of 436 17486 To fulfill this Mission,the GMPC recommended a specific scope of work.As described in GMPC Motion 11-2, the Task Force's primary task is "to evaluate the current inventory of rural properties owned by King County school districts"and to make recommendations as to their use or disposition. Collectively, the Task Force identified 18 undeveloped sites in rural areas. To further support the fulfillment of its Mission, it was anticipated that the Task Force might recommend legislative and other strategies. The GMPC established a set of eight principles to guide the Task Force in its work. All of the solutions recommended by the Task Force in this Report reflect the Guiding Principles established by GMPC: Academic Excellence: Educational facilities should promote and support the academic achievement of students. Equitable: All children should have access to quality educational facilities. Financially Sustainable:School siting should be financially sustainable for each impacted jurisdiction school districts, cities, county unincorporated areas, and sewer/water districts) and make the most efficient use of total tax dollars. Support Sustainable Growth: Planning for school facilities shall comply with state late and be integrated with other regional and local planning,including land use,transportation,environment,and public health. Community Assets: Schools should unite the communities in which they are located and be compatible with community character. Based on existing data and evidence: The Task Force process shall utilize recent demographic, buildable lands inventory,and other relevant data and information. Public Engagement: The Task Force process should include robust community engagement with impacted communities.Meetings will be transparent and open to the public for observation.The Task Force shall provide opportunities for public comment. Best Practice and Innovation: Lasting recommendations should serve the region well for years to come and support education,health,environmental,programmatic, fiscal,and social objectives. SECTION 4: The Task Force Process Appointing the Task Force The GMPC designated categories of membership in Motion 11-2, but did not specify individual members. Task Force members were appointed by the King County Executive(see Appendix A). Hiring a Facilitator Public Health - Seattle King Comity hired Triangle Associates as the independent facilitator to help coordinate the work of the Task Force, including conducting initial assessment interviews of all Task Force members, organizing Task Force meetings, facilitating development of recommendations by the Task Force and providing support through drafting and production of the Task Force's Final Report and Recommendations. RES.J Page 385 of 436 17486 Structure and Roles of the Task Force The Task Force established two workgroups to assist in the effort: the Technical Advisory Committee, also recommended by the GMPC)and the Framing Work Group.Both are described below Technical Advisory Committee The Technical Advisory Committee (TAC) was comprised of representatives from King County, the Puget Sound Regional Council, school districts, water and sewer districts, and the Suburban Cities Association. A membership list is included in Appendix C. The TAC met throughout the beginning and middle stages of the Task Force process; its role was to provide data and information to support Task Force decision making. TAC meetings were open to the public and included dialogue with those who attended.Meeting summaries(Appendix P)were developed to provide a record of their work. The primary work product of the TAC involved compiling a matrix containing information related to the 18 undeveloped school sites (Appendix F). In addition to populating the matrix with site-specific information,the TAC was asked to collect data and information in several other areas of inquiry, which collectively were referred to as the "13 Tasks" This included subject areas such as demographic trends and school enrollment projections.A complete list of the 13 tasks is included as Appendix F The TAC work and products enabled swift evaluation of, and development of solutions for, specific sites by the Task Force.The breadth and detail of the data compiled by the TAC,and that Committee's timely response to Task Force requests,played a critical role in the accomplishments of the Task Force. Framing Work Group Due to the short timeline for the Task Force to complete its work,the Task Force created a Framing Work Group(Appendix B)to frame issues for its consideration.Prior to each meeting of the full Task Force,the Framing Work Group met to review information gathered by the TAC and to discuss how best to organize information and issues for discussion. Doing so helped the Task Force have focused and substantive discussions and stay on task to meet their deadlines. The Framing Work Group made recommendations on process to the Task Force; however, all decision- making power remained with the full Task Force. Framing Work Group members were appointed by the Task Force Chair from the general Task Force roster.The group met on average twice between each Task Force meeting, and meeting summaries (Appendix P)were included in the materials that the Task Force received. Meeting Structure and Process The Task Force met six times from December 2011 through March 2012, using the process schematic Appendix R)as a visual guide for navigating its work effort: RES.J Page 386 of 436 17486 I 1 The first meeting, December 14, 2011, focused on introducing Task Force members,establishing a process for the work effort, and hearing Task Force member perspectives on hopes and desired outcomes from the process. 2. The second meeting, January 25, 2012, focused on learning infatuation from the TAC and creating a set of interests (Appendix S) based on the Task Force's Guiding Principles as established in the GMPC Motion 11-2. The Task Force also agreed upon a set of Operating Protocols(Appendix Q). 3. On February 16, 2012, the Task Force held a 4-hour workshop to begin developing solutions for the 18 undeveloped rural school sites and for future school siting. The Technical Advisory Committee presented data on each of the 18 sites, and each school district was given the opportunity to present additional information on their sites.The Task Force reached consensus on an approach for evaluating sites that was developed by the Framing Work Group. This approach involved identifying the critical or "threshold" factors that would allow Task Force members to create four categories into which the 18 sites would eventually be sorted. The first step was to brainstorm potential solutions for each category 4. On March 1,2012,the Task Force met for the fourth time,also in a 4-hour workshop.Working in small groups, Task Force members accepted possible solutions for the four categories of sites. They then sorted the 18 sites into the four categories and also considered future school siting.The Task Force reached consensus agreement on several items, including: The "Solutions Set and Criteria" document (Document 1 in the Recommendations section), with agreement that a few items needed additional definition, clarification, and confirmation at its next meeting The placement of all school sites in appropriate quadrants of the solutions table 5 On March 15,2012,the Task Force accepted by 100%consensus: A final version of the"Solutions Set and Criteria"document Recommended and prioritized solutions for 12 specific sites The following technical documents: Matrix of school sites, list of 13 tasks, population and demographic information, enrollment trends by school district, public health aspects of school siting. Recommendations to the Growth Management Planning Council and Washington State legislature related to school siting 6. On March 29,2012,the Task Force accepted the Recommendations Report to be submitted to the King Comity Executive. Decision Making, A Consensus Approach At the second Task Force meeting, the Task Force members accepted the Operating Protocols (Appendix Q). This document established roles for all non-Task Force members involved in the process, clarified communications protocols and workgroup composition,and defined a specific decision-making approach. RES.J Page 387 of 436 17486 The Task Force defined consensus as obtaining the full acceptance of all members;short of that,decisions and recommendations would move forward with the approval of at least 70%of the Task Force members present, with at least one member from each primary interest group (county, cities, school districts, and residents)voting in favor to accept a document or decision. Public Process The GMPC Motion stated that the Task Force process should include robust public engagement. All Task Force meetings and TAC meetings were open to the public. All written materials (agendas, meeting summaries, and other information)were made available on the Task Force website, and public comments were accepted throughout the process at Task Force meetings, through the Task Force website and via email. Comments from the public were summarized by the facilitator at the beginning of every Task Force meeting,and the compiled comments were emailed to Task Force members after each meeting(see Appendix U). Information Considered by the Task Force As Task Force members studied the issues associated with siting schools in rural areas,they considered a range of data and information.The majority of this information was provided by the TAC.It included the following documents, reports and policy frameworks, many of which are included in the appendices to this Report. 18 undeveloped rural school sites. The TAC prepared a matrix containing factual information related to each of the 18 sites including: general site information(e.g., zoning, acreage, assessed value), land use and transportation considerations (e.g., landscape position, distance to UGA, distance to sewer/water connection, environmental features), and the school districts' plans (e.g., intended use,development timeline).School districts were given the opportunity to correct and/or augment the information about their school sites. Planning context.King County staff provided the Task Force with a brief history of the land use planning in two areas where many of the undeveloped sites are located: the Bear-Evans Corridor and the Soros Creek Basin. The county's land use strategy in both areas employed zoning and development regulations on an area-wide basis so the cumulative impact of development would not cause environmental degradation. A summary of this history is included as Appendix O. GMA policy frameworlt. There is a strong policy basis in Washington State for focusing growth in urban areas, protecting rural areas and the environment, and the efficient provision of government services and facilities. The growth management framework considered by the Task Force included GMA, VISION 2040, the Countywide Planning Policies, King County Comprehensive Plan and King County Code. Relevant potions of these documents can be found in Appendix M. Demographic information. The Task Force was presented with information from the 2010 census that identified population trends in the urban and rural portions of each school district,and RES.J Page 388 of 436 i 17486 also dishict-wide. Significant demographic shifts have occurred in the past decade: from 2000 to 2010,the overall rural population in King County declined by 1%, and the rural population under the age of 18 declined by 18.4%. During the same time, the urban population saw an overall increase of 12.1%and under-18 increase of 8.3%.This information can be found in Appendix H. School district enrollment projections. The Task Force was presented with information related to current and projected school enrollment,which illustrates that district populations will continue to grow to varying degrees and that urban students will continue to comprise the majority of those populations. The anticipated enrollment for students from rural areas generally failed to materialize in the vicinities of the sites owned by school districts. The enrollment projections can be found in Appendix 1. Funding for school construction. Although there was no formal presentation on this topic, it came up on several occasions and was an important consideration for the Task Force.The Slate j of Washington does not provide funding to school districts for acquisition of properties; school districts must rely on their own finding sources (through bonds, levies, grants, and donations). Once properties are acquired, school districts can apply for state assistance for school construction as part of a state match program. Current criteria and process for school siting. Using both state regulations and locally adopted standards, school districts consider many factors when locating a site to develop a public school facility Following guidance set forth by the Office of the Superintendent of Public Instruction and the Washington Administrative Code(392-342-020 WAC), districts look at site quality,cost, projected enrollment, distance to students/transportation, and timing of school construction. The WAC guidelines can be found in Appendix L. Funding for county road maintenance. The TAC determined that the cost for upgrading, operating and maintaining county roads to serve future schools on the 18 undeveloped sites could range from$30-35 million over 20 years. This is important to consider because the County road fund has become severely strained, and because that cost would be home solely by j unincorporated area residents through the county road levy In addition to cost of road infrastructure and tax equity issue, there are climate impacts associated with transporting large numbers of students to schools in rural areas, in the form of increased greenhouse gas emissions. Public health aspects of school siting. One member of the TAC and one member of the Task Force presented information on the public health aspects of school siting. In recent years, best practices in school siting have evolved to reflect a more community-centered approach, placing schools in urban areas where children can walk to school and where school facilities can serve as community assets.The major themes identified in this research(included in Appendix I)include: a. School siting determines the proximity of schools to a student's home and larger community and can affect whether children achieve and maintain good health, b. Physical activity is key to children's health, c. School travel impacts children's health in multiple ways,and RES.J Page 389 of 436 17466 d. Education policy is also health policy Task Force Report This Report was drafted by the independent facilitation team.The Framing Work Group refined the initial draft document, which the Task Force considered at the March 15"meeting. Between the March 15"and March 29" meetings, the Framing Work Group, project team, and facilitation team refined iterations of the Report,with a final draft presented to the Task Force at its last meeting on March 29,2012,The Task Force.accepted the document, with revisions, at that meeting. The facilitation team made final revisions based on Task Force input before submitting this Report to the King County Executive. SECTION 5• Recommendations Introduction The GMPC and King County Executive requested that the Task Force recommend solutions for the 18 undeveloped rural sites and guidelines for fixture school siting. The Task Force analyzed data and information to create and prioritize specific solutions for each of the sites and to develop recommendations for future sites. These are encapsulated below in Recommended Solutions for Undeveloped Sites and Recommendations for Future School Siting, respectively Throughout the process, Task Force members identified other recommendations in support of its Mission; the other recommendations are listed under Recommendations for Future School Siting. Recommended Solutions for Undeveloped Rural Sites The Task Force focused the major part of its effort on the 18 undeveloped sites, seeking logical and sustainable solutions. Once the Task Force process was underway, the Task Force surveyed all the school districts to ensure the Task Force's scope included the universe of undeveloped tvral property with a school district interest.No other undeveloped rural sites were identified by the school districts. i The Task Force,with guidance from the Framing Work Group,decided to use a"threshold"approach for j determining solutions for each of the 18 undeveloped sites. This threshold approach identified two specific criteria; a site must possess one or the other in order to be considered for development. After some refinement,the Task Force accepted the following criteria for decision making: 1) Does the school district have an identified need for a school site? (Identified need exists if I a district has identified a type ofschool and a time fi-anre in which the school is needed.) I 2) Does the site border the Urban Growth Area (UGA) or have an existing sewer connection? (Bordering the UGA means the site is directly contiguous to the UGA. An existing sewer connection ureans server line is on site. This does not include sites with sewer on an adjacent parcel a-across fire sheet.) RES.J Page 390 of 436 17488 Based on these criteria, the Task Force accepted the threshold approach for sorting tite 18 sites and created the Solutions Table,which separated the school sites into four quadrants: Box A, in the upper left comer, includes sites that border the UGA and/or have an existing sewer connection and for which school districts have an identified need. Box B, in the upper right corner, includes sites that do not border the UGA and have no sewer connection and for which school districts have an identified need. Box C, in the lower left corner, includes sites for which school districts do not have an identified need and that border the UGA and/or have an existing sewer connection on site. Box D, in the lower right comer, includes sites for which school districts do not have an identified need and that do not border the UGA and have no existing sewer connection on site. Any and all other undeveloped rural school sites (those not among the 18 recognized sites) fall into future school siting"in Box E of the Solutions Table.Future school siting issues are addressed in greater detail in the section entitled Recommendations for Future School Siting. The Task Force then developed possible solutions for each box and ranked these possible solutions in order of preference, recognizing that circumstances for specific sites within each category might merit a different order. I The recommended Solutions Set and Criteria are shown here as Document 1. I I i RES.J Page 391 of 436 i 17486 Document I—Solutions Set and Criteria Existing Undeveloped School Sites in the Rural Area A.ssumplions for S0111ti01t Set.For any solution that would result in a school district not being permitted to use a site fora school,the Task Forcerecommendsoptionsthroughwhichtheschooldistrictcouldreceivefairandappiopiiatevalue. All solutions resulting in site development should mitigate impacts and provide community benefits. Any solutions that involve a change in the UGA or allow/prohibit sewer service shall be govened by the laws, policies,and/or administrative procedure(s)in place at the time. Additional solutions may apply;detailed analysis may be required to determine optimal solution for any site. All sites,site conditions,and identified needs are included in the Matrix.School districts were asked to bring forward any additional sites and no other sites emerged so the full and final list of specific sites is shown in Documents 2-3. NOTE. Solution Sets do each box is listed in priority order Site borders UGA or has sewer Find not border UGA and has no sewn• connection. 'Seivercamecoon deftnedashavmg n. sneer on sire aiready plot adjaceno. A B School district has in 1 Find an alternative site in the UGA n alternative site in the UGA identified need 2. Allow school district to connect to 2. tit Find an alternativeve it fbordering if e G ( for a school existing sever site. 3. Incorporate site into adjacent UGA 3 sol Itlt nrstanding thatorholdwiththeunde de nfedneed, any future development nest be exists if district has consistent with Vision 2040 as identified ppe of implemented by King County Code school mid a time frame in ivillch they need the school Prohibit:ratending additional server outside Prohibit: Moving UGA, tight-line server UGA p School district 1. Find an alternative site in the UGA I If the site is of value to the county, cities does not have 2. If the site is of value to the county,cities or community,facilitate the purchase, all identified or community, facilitate the purchase, sale,or land swap of property ueed for a sale,or land swap of property 2. Find an alternative site in the UGA school site.3. Sell,or hold with the understanding that 3. Sell,or hold with the understanding that any future development must be any future development must be consistent with Vision 2040 as consistent with Vision 2040 as implemented by King County Code implemented by King County Code Prohibit:Moving UGA, neiv sever Prohibit:Moving UGA, light-litre server connections All Other Undeveloped School Sites (Future) r Future School All future school siting should be consistent with Vision 2040. Siting RES.J Page 392 of 436 17486 Once the Task Force accepted these criteria and categories plus the prioritized solution sets for each quadrant,members considered each undeveloped school site.At the March I"meeting,the Task Force reached consensus agreement for the placement of each site in accordance with the accepted criteria. The accepted placement of each rural school site is shown below as Document 2. Document 2—Site Categorization Task Force breakout groups identified the sites in each category The full Task Force leached 100%Consensus on March 1,2012 on the following site categorization: Existing Undeveloped Sites in the Rural Area (18 sites) Site borders UGA or has sewer Site does not border UGA and has no sewer connection.Connection. A B School district Sites:Sites: has an Enumclaw A,D Enumclaw B identified need Lake Washington 2,4 Issaquah I for a school site Snoqualmie Valley I Tahoma I C D School district Sites:Sites: does not have Kent 4 Auburn 1,2,3 all identified Kent 1,2, 3 need for a Lake Washington 1, 3 school site Nmthshore I i All Other Undeveloped School Sites (Future) Future School E j Siting All future school siting should be consistent with Vision 2040. Once the Task Force accepted the threshold criteria and site categories,developed the basic solution sets for each quadrant,and placed the school sites in categories based on the threshold criteria,members brainstormed possible solutions for each site.Task Force members developed a preferred solution for each site,with a prioritized list of additional solutions.Where appropriate,they included notes, considerations,and rationale to support each site's recommended solution(s). The Task Force recognized that VISION 2040,the CPPs,the King County Comprehensive Plan,and the King County Code will ultimately govern what happens on both current undeveloped school sites and on any other future school sites in rural areas. In addition,school districts will control the timing and specific actions within that framework.The involvement of cities is needed to facilitate siting within urban areas. Document 3 below shows the recommended solution(s)for each school site,along with site-specific considerations. RES.J Page 393 of 436 17486 Document 3—Site-Specific Solutions Box A SITE BORDERS UGA or HAS SEWER CONNECTION School district has Overview. all In general, while the Task Force's preference is to find alternative sites in the UGA,the Task Force finds identified that for the sites in Box A the particular site conditions and circumstances facing the impacted school need fora districts may warrant other solutions. Thus the recommended solutions vary by site. For any school site, recommendations that allow for development on a site,the Task Force recommends that the district work with the county and community to minimize impacts on the nnal surroundings and twat residents. Because of the identified need by the school districts,the Task Force recommends that these sites receive prioritized attention from city,county and school district decision makers. Sites and their Solutions: Snoquahnie Valley 1 1. Allow school district to connect to existing sewer Site specfc: The high percentage off oodplain laud in this school district makes finding an alternate site very challenging. The site does not have significant conservation vahte. The site has an existing school,which was developed with the intent that another school would be built on the site. The district has mrdertaken site preparation for the addition of an elementary school on the site. The school district invested in the Local Improvement District that enabled the sewer to reach the site. Tahoma I 1. Find alternative site in the UGA 2. Allow school district to connect to existing sewer Site specific: The Task Farce encourages the district to work with the county and cities in the district toexploreopportunitiesforfindinganalternativesiteintheUGAthatwouldnheerthepressingneedfor additional capacity that development ofanother school would provide.Ifno viable alternative site that fits within the district's financial plans can be expeditiously found, the availability of server and an existing school on the site present compelling reasons for development of the site to meet lite district's needs. Tine site does have conservation value and tine Task Force recommhends that any new development on the site occur adjacent to the existing school so that impacts to the site's forest cover are minimized. Lake Washington 2 1 Find alternative site in the UGA 2. incorporate site into adjacent UGASitespecific: The site borders the Redmond watershed and has conservation value. The Task Force therefore encourages the school district, the county and the City of Redmond to fend an alternative site within the UGA that would meet the district's need for additional capacity that development of another school would provide. Tine parties should identify other partners and fuauding mechanisms that would allow for purchase of the property (perhaps in cotgunction with the Lake Washington I site) forpermanentconsevaliarhaswellasprovideresourcestothedistrictforpurchaseofanalternativesite. If no viable alternative site can be expeditiously identified, the Task Force recommends that the school district develop the site in a manner that preserves as much of the conservation value of the site as RES.J Page 394 of 436 17486 possible. This may be accomplished through,for example, incorporation of a small developable portion of the site (about five acres) into the UGA for a small environmental school*while placing the remainder of tine site into permanent conservation. The district should also work closely with the county and community to minimize other impacts, such as transportation. The Task Face does not recommend extension of sewer to any po lion ofthat site that remains onside of the UGA. If the site is proposed for incorporation into the UGA, it shall go through the King County docket process. Environmental School will have sustainable or "green" buildings and grounds (refer to State RCW 39.35D, "High Performance Public Buildings—Guidelines for School Districts'). Lake Washington 4 I Allow school district to connect to existing sewer Site specific: The Task Force recognizes fine school district's need for additional capacity in file eastern Portion of the district, which straddles the City ofRedmohd, the rural area, and an unincorporated urban island" surrounded by rural area. Tine site is part of a large parcel on which there is an existing elementary and middle school, both already connected to sewer The undeveloped portion of the site was previously used as a mink farm and portions of the site are cleared. The Task Face recommends that the district work closely with King County and the coninuhity to minimize both existing.and additional impacts on the area surrounding tile parcel, particularly the transportation impacts related to several facilities being located or developed on lire site. Enumclaw A&D: la.Find alternative site/s in the UGA lb. Place all school buildings and impervious surfaces on the urban side of the UGB and place ballfieldstplayfields on the rural side of the UGB. Site specific (]q). This joint site lies on the south-eastern boundary of the Black Diamond UGA and a master planned development (MPD) that has yet to be constructed. The identified need of the school district is associated primarily with the population projections of time MPD and with students residing j onside of the MPD but in the northern part of the district; the sites are planned for an elementary and a middle school. The fee title to both sites is held by the developer with the district's property interest recorded as an encumbrance on title, and would only be conveyed to the school district if the MPD materializes. The Task Face recommends that no sewer be extended to the rural portion of the site and that the City of Black Diamond and county work with the developer and the school district to site all schools associated with the MPD completely within the UGA. The Black Diamond City Council supported this solution in a resolution passed 3-1-12. The Black Dianhond City Council previously approved the Comprehensive School Mitigation Agreement identifying Enumclaw Sites A, B, and D as agreed-upon school sites. Site specific (1b). The Enumclaw School District and the developer have identified as all alternative to la the placement ofq rtion ofthe proposed school-relatedfacilities on real lands. If attempts to site each i of these schools filly within the UGA are unsuccessful, alternative lb may be contemplated. Alternative I b consists of siting all school buildings, storm water detention and other support facilities, and all poking and impervious surfaces within the UGA and limiting any development in rile adjacent rural area to bollfheldslplayfields. The Task Face jtrther recommends maintaining significant forest buffers between the ballfhelds/playfhelds and adjacent rural lands including the Black .Diamond Natural Area. Recommendation of this urba real alternative by the Task Tone is meant to address the unique circumstances of the Enumclaw A &D sites and is not to be construed as a precedent for locating schools on adjacent real lands. Consequently, it is not recommended a•any other sites. I RES.J Page 395 of 436 17486 Box B SITE DOES NOT BORDER UGA and HAS NO SEWER CONNECTION School district has an identified Overview: need for a school The Task Force recommends that alternative sites in the UGA be found for all sites in this box and site. that sewer not be extended to these sites. Because of the identified need by the school districts and the recommendation to find alternative sites, the Task Force recommends that these sites receive prioritized attention by school district,county and city decision makers. Sites and their Solutions: I Issaquah I 1. Find alternative site in the UGA Site specific: The site is a large parcel(80 acres)on May Valley Road between SquuakMountain to the north and Cedar Hills Landfill to the south. The site has conservation value. The Task Force recommends that the school district work expeditiously with King County, the City ofissaquah and the City of Renton. These partners shall work diligently to find an alternative site within the UGAthatwouldmeettheschooldistrict's need for additional capacity that development of another school would provide. The county, cities and school district should identify other partners and finding mechanisms that may allow for purchase of the properly for permanent conservation orotherrural-related :uses while also providing resources to the district for purchase of an alternative site. Enumclaw B: 1. Find alternative site in the UGA Site specific: The site is in the rural area west of the Black Diamond UGA and a master planned development (MPD) that has been approved but is yet to be constructed. The identified need of the school district is associated with the population Projections of the MPD; the site is planned for a middle school. The fee lide for the site is held by the developer, with the district's property interest recorded as an encumbrance on title, and would only be conveyed to the school district if die MPD materializes. The Task Force recommends that no sewer be extended to the site and that the City of Black Diamond and the county work with the developer and the school district to site schools associated with the MPD in the UGA. RES.J Page 396 of 436 17486 BOX C SITE BORDERS UGA or HAS SEWER CONNECTION School district does not have an Overview: identified need for Because the site in this box is not associated with an identified need,the Task Force recommends a school site. that the school district plan to develop the site consistent with Vision 2040 or manage the site as part of its capital portfolio. Site and its solution: Kent 4 1. Sell, or hold with the understanding that any future development must be consistent with Vision 2040 as implemented by King County code. I I I i RES.J Page 397 of 436 17486 BOX D SITE DOES NOT BORDER UGA and HAS NO SEWER CONNECTION School district does Overview: not have nn Because sites in this box are not associated with an identified need, the Task Force identified need for recommends that school districts plan to develop the sites consistent with Vision 2040 or a school site. manage the sites as part of their capital portfolio.The Task Force also recommends that while the school districts will ultimately determine how sites are handled, the county, cities, and other interested parties should investigate whether sites may be suitable for permanent conservation or other public purposes; if so, these entities should work to facilitate the acquisition of the properties for the identified public purposes. Solutions for sites with conservation value: i If the site is of value to the county, cities or community, facilitate the purchase, sale, or land swap of property The Task Force recommends that the county, cities and school districts investigate whether the properties may be appropriate for permanent conservation or acquisition for other public proposes. Auburn 1. The site has value for food hazard reduction. Kent 3: The site has forestland of value for environmental, social, and potentially economic benefits. Lake Washington 1. The site has value for food hazard reduction and regionally significant aquatic a, terrestrial natw•a! resources. Facilitating the sale of the property into conservation may assist with solutions for other Lake Washington sites in Box A. Northshore 1. The site has forestland of value for environmental, social, and potentially economic benefits. Solutions for sites without identified conservation value: Auburn 3,Kent 1,and Lake Washington 3 1 Sell, or hold understanding that any future development must be consistent with Vision 2040, The Task Force recommends that school districts plan to develop the sites consistent with Vision 2040 or manage the sites as part of their capital portfolio. Solution for Auburn 2: Auburn 2: The site has an existing elementary school, but no sewer extension. The school district plans to redevelop the existing elenemmy school or build a ulddle school to replace the elementary school No time f•mm has been specified. The Task Face recommends that the school district be allowed to redevelop, if no sewer connection is needed and as allowed by development regulations in place at the time ofdevelopment. RES.J Page 398 of 436 I 17486 I Note:In developing the above recommendations for schools sites, Task Force members reached out to all school districts whose service area includes rural land, even those districts not represented on the Task Force. To make sure the solutions recommended by the Task Force would encompass all known sites and create lasting solutions,school districts here asked if they owned or had interest in any rural sites not already under consideration in this process. School district representatives stated there were no additional rural sites needing to he addressed at this time. Therefore, no other sites are included and all fudure school siting should be guided by the recommendations below Recommendations for Future School Siting The Puget Sound Regional Council (PSRC) comprehensively updated VISION 2040 in 2008. In preparation for the update, the PSRC developed an issue paper regarding Rural Areas that included a discussion on Special Purpose Districts and Institutional Uses (Appendix N). The issue paper noted that special purpose district planning is disconnected from GMA, and that many facilities(including schools) had expanded into rural areas,tatting advantage of relatively low land values and large tracts of land.The issue paper recommended that policies be established that provide regional guidance on siting special i purpose districts within rural areas. Thus, the following policies were established and incorporated into VISION 2040: MPP-PS-4 Do not provide urban services in rural areas.Design services for limited access when they are needed to solve isolated health and sanitation problems,so as not to increase the development potential of the surrounding rural area. I MPP-PS-S Encourage the design of public facilities and utilities in rural areas to be at a size and scale appropriate to rural locations,so as not to increase development pressure. MPP-PS-21 Site schools,institutions,and other community facilities that primarily serve urban populations within the urban growth area in locations where they will promote the local desired growth plan. MPP-PS-22 Locate schools,institutions,and other community facilities serving rural residents in neighboring cities and towns and design those facilities in keeping with the size and scale of the local community i Also in 2008,VISION 2040 incorporated new policies integrating public health considerations into land use and transportation planning, and addressing climate change through the regional growth strategy reducing greenhouse gas emissions by focusing growth in urban centers). i Consistent with all of the above, VISION 2040 now encourages the siting of public facilities in urban areas, and states that 'Schools should be encouraged to become the cornerstone of their communities by j locating in more urban settings and designing facilities to better integrate with their urban neighborhoods. RES.J Page 399 of 436 17486 Given the adopted policies in VISION 2040 and after consideration of the wide range of technical information presented, the Task Force recommends that all future school siting be consistent with VISION 2040. i Box E The Task Force reconuuends that all future school siting be consistent with VISION 2040. In support of this recommendation,the Task Force further recommends: 1 The Growth Management Plamung Council (GMPC) should develop policies and adopt a work program that commits jurisdictions to working together to identify future school sites within the UGA. These policies shall direct jurisdictions to use zoning and other land use tools to ensure a sufficient j supply of land for siting schools. 2. King County should wok with the school districts,community representatives,and other stakeholders to address any future redevelopment of existing schools on rural sites to accommodate school districts' needs while protecting rural character 3. The Growth Management Planning Council should add a school district representative to its membership. 4.The Puget Sound Regional Council should collaborate with counties and cities in working with school districts to ensure coordination in regional (4-county) growth management discussions (per VISION 2040 PS-Action-6). 5. The Washington State Legislature and the Office of the Superintendent of Public Instruction should examine, together with the State Department of Commerce, how state laws, guidelines, policies and administrative procedures can influence school siting decisions,including: a. Reconsideration of existing transportation policies and funding that incentivize busing and siting schools away from population centers b.Identifying new funding for school land acquisition,including incentives for purchases, land swaps,and other avenues for obtaining land inside the UGA c.Revising existing guidelines for school siting such that districts who build on small sites in urban areas are eligible for state snatch funds d. Increasing the compensation to school districts for the construction costs of schools sited within the UGA Note: The Task Force did not specifically consider redevelopment of existing schools on sites in the rra-al area. Redevelopment issues were not included in the Task Face scope ofwo'k. Information emerged late in the Task Force process regarding redevelopment and will be passed on to appropriate officials for consideration at a fnrta•e date.Redevelopment is addressed in 42 in Box E. RES.J Page 400 of 436 sa!o!lod2tnuueldoplmXlunoDmauaqig11mlttolslsuooamelug)suopulnoam luautdolanappuesa!ogoduuldanlsuagatdwoomauldope11!m1lounoDQunoo2u!gaqL6 uopeagpu.tJoJs9P10011101waylpuasPut!'sa!a!1odSu!uuuld ap!m.(lunoomauldopu'uopepuauwtoaams,ojwDoqimalnamIpANpounoodlwtoD2u!gaqL 'E uopumaplsuoo.naglmoJpounoD,(Iuno:)2tngaqi01sa!a!lod 2uluueidaplm,flunoDmaupuawwoowpue'lusodomds,milnaaxgaqimalnam111mOdW( ogL •z uotlemaptsuoa(OdW'J)1launo02LUMBIdluauta2uuuWylmOJDmoJsala!lod2ultwe1d ap!mX;unoDmauasodomdpuepoda210omodNsuLslylmalnam11rman!lnooxg,Ctuno2ulgaqL •I suopupuauuwoaam s,00modNsuLaqjpoddnsofsmgodmauJoluowdolanapaqiuisdalslewmoJlxouaqiamu2uimolloJaqL sda;SaxaN s)uuuoJole!idoidduaqi2u!CJiluopluo anpnoaxgAjunoD8u!xaqlofsmaJappuu'Xjoju!pawuyoouaumoa)Imomslglluglslsa22nsoomodKsaLaqL sasnpaseq-Iumnmmaglomo'aopeamoam uopenm9su032uipnlow 'sosodmnda!lgndmoJsailsleantpadolanapunJouolllsnbae2ulmoidxg sailspadolanapunmoJsdemspuel2uuoldxg Vgflaqiulsailsanpewage2ulpuld 2unpnioui 'sailsoglaadsmoJsuopulospopumumam aqiamoldxoofoqpinogsswalluolleluaumidwnlsmg0111Joauo'sueldIelouettgao/puesollopodalulsa luainagsmaplsuooam01slouls!pIoogosamtnbamIIIsuopupuawwoaams,00modseLaqi1uglSuala2ooa21 salpoq2unwuldluuo!sammslormis!ploogas2ulpnlnu!p0puau1n00msett 03iodIseLagl'uosuamsnllmod•slaplogwlulsmagloJim'sloulsiploogos'sanpagl'61unoO2ulguaanUaq uoyuwpmooa2wo2uopunXqNmomIeuoll!ppea.nnbamg!msuo!lupuawwooamasaglJouo!luluawalduq MIS.LX3NONVSNOLLVONHww0MU3J2fo3MSVyOILNaw -Idwl :9NOLLIS suo!lepuawwoaamSi!pue 'ssaaomdsl!'ilmomsllssnoslpof('o1a'spunooSp'spmuoqloogas) salpedpalswolu! gllm )Iuadsofolqujlenuonsmagwautoo.tod )IsuJ, 's2u!pugsl! oleomnwwoadlaqoL s.1aplotplelsoIS2mp(t!d93.101)lsaLOu!;ealunuturoD 99VL1 RES.J Page 401 of 436 17486 Appendices (Attached). A. Task Force Membership B Framing Work Group Membership C. Technical Advisory Committee Membership D Map of 18 Undeveloped School Sites E. GMPC Motion 11-2 i Appendices (on CV) F Matrix of Technical Information on Undeveloped Sites G Maps of Undeveloped Sites H. Demographic Information 1. Enrollment Projections Public Health Aspects of School Siting K. Technical Advisory Committee Work (13 Tasks) L. State School Siting Guidelines M. Existing Policy and Regulatory Framework i N Excerpt from PSRC Issue Paper on Rural Areas i O Land Use Planning Overview P Meeting Summaries Q Operating Protocols R. Process Schematic S. Task Force Member Interests T Interview Summary U Public Comments RES.J Page 402 of 436 410 King County Countywide Planning Policies November 2012 Amended December 3, 2012 GLOSSARY Affordable Housing: Housing that is affordable at 30 percent or less of a household's monthly income. This is a general term that may include housing affordable to a wide range of income levels. Agricultural Production District: A requirement of the Growth Management Act for cities and counties to designate, where appropriate,agricultural lands that are not characterized by urban growth, have soils suitable for agriculture,and that have long-term significance for commercial farming. The King County Comprehensive Plan designates Agricultural Production Districts where the principal land use should be agriculture. Area Median Income: The annual household income for the Seattle-Bellevue,WA Metro Area as published on approximately an annual basis by the U.S. Department of Housing and Urban Development. I, Buildable Lands Program: A requirement of the Growth Management Act for certain counties in western Washington to report on a regular basis the amount of residential and commercial development that has occurred,the densities of that development,and an estimate of each jurisdiction's ability to accommodate its growth target based on the amount of development that existing zoning would allow. Climate Change: The variation in the earth's global climate over time. It describes changes in the variability or average state of the atmosphere. Climate change may result from natural factors or processes(such as change In ocean circulation) or from human activities that change the atmosphere's composition (such as burning fossil fuels or deforestation.)i I Climate Change Adaptation refers to actions taken to adapt to unavoidable Impacts as a result of climate change. Climate Change Mitigation refers to actions taken to reduce the future effects of climate change. d Comprehensive Plan: A plan prepared by a local government following the requirements of the V) Washington Growth Management Act,containing policies to guide local actions regarding land 0 use,transportation, housing, utilities,capital facilities,and economic development in ways that 0 will accommodate at least the adopted 20-year targets for housing and employment growth. a Environmental Justice:The fair distribution of costs and benefits, based on a consideration for U social equity Environmental justice is concerned with the right of all people to enjoy a safe, 6 1. RES.J Page 403 of 436 WW King County Countywide Planning Policies November 1012 Amended December 3, 2012 clean,and healthy environment, and with fairness across income, ethnic, and racial groups in the siting and operation of infrastructure,facilities, or other large land uses. Forest Production District. A requirement of the Growth Management Act for cities and counties to designate, where appropriate, forest lands that are not characterized by urban growth and that have long-term significance for the commercial production of timber The King County Comprehensive Plan designates Forest Production Districts where the primary use should be commercial forestry Growth Management Act: State law(RCW 36.70A)that requires local governments to prepare comprehensive plans(including land use,transportation, housing, capital facilities and utilities) to accommodate 20 years of expected growth. Other provisions of the Growth Management Act require developing and adopting countywide planning policies to guide local comprehensive planning in a coordinated and consistent manner I Greenhouse Gas: Components of the atmosphere that contribute to global warming, including carbon dioxide, methane, nitrous oxide,and fluorinated gases. Human activities have added to the levels of most of these naturally occurring gases. Healthy Housing: Housing that protects all residents from exposure to harmful substances and environments, reduces the risk of injury,provides opportunities for safe and convenient daily physical activity, and assures access to healthy food and social connectivity High-capacity Transit: Various types of transit systems,such as light rail and bus rapid transit, operating on fixed guideway or dedicated right-of-way designed to carry a large number of riders at higher speeds. Industry Clusters: Specific economic segments that are the focus of the Regional Economic Strategy.As of June 2011,the identified regional industry clusters included: aerospace, clean technology, Information technology, life sciences,logistics and international trade, military, and tourism. King County Open Space System: A regional system of county-owned parks, trails, natural areas,working agricultural and forest resource lands, and flood hazard management lands. Low-Income Households: Households earning between 31 percent and 50 percent of the Area Median Income for their household size. Oa Manufacturing/Industrial Centers: Designated locations within King County cities meeting 0 criteria detailed in policies DP 35-37 a a Mixed-Use Development: A building or buildings constructed as a single project which contains U more than one use, typically including housing plus retail and/or office uses. 6 2 RES.J Page 404 of 436 41A10 King County Countywide Planning Policies November 2012 Amended December 3, 2012 Moderate-Income Households: Households earning between 51 percent and 80 percent of the Area Median Income for their household size. Potential Annexation Area: A portion of the unincorporated urban area in King County that a city has identified it will annex at some future date. See Appendix 2: Interim Potential Annexation Areas Map. Purchase of Development Rights: Programs that buy and then extinguish development rights on a property to restrict development and limit uses exclusively for open space or resource- based activities such as farming and forestry. Covenants run with the land in perpetuity so that the property is protected from development regardless of ownership. Regional Growth Strategy: The strategy defined in VISION 2040 that was developed by the Puget Sound Regional Council to help guide growth in the four-county region that includes King, Kitsap, Pierce and Snohomish counties. VISION 2040 directs most of the region's forecasted growth into designated Urban Areas, and concentrates growth within those areas in designated centers planned for a mixes of uses and connection by high-capacity transit Resource Lands: Designated areas within King County that have long-term significance for agricultural, forestry,or mining. See Appendix 1. Land Use Map. Rural Area: Designated area outside the Urban Growth Area that is characterized by small- scale farming and forestry and low-density residential development. See Appendix 1. Land Use Map. Rural Cities: Cities that are surrounded by Rural Area or Resource Lands. Rural Cities are part of the Urban Growth Area. Stormwater Management: An infrastructure system that collects runoff from storms and redirects it from streets and other surfaces into facilities that store and release it—usually back into natural waterways. Sustainable Development: Methods of accommodating new population and employment that protect the natural environment while preserving the ability to accommodate future generations. Transfer of Development Rights: Ability to transfer allowable density, in the form of permitted building lots or structures, from one property(the "sending site")to another(the "receiving O site") in conjunction with conservation of all or part of the sending site as open space or working farm or forest. a Transportation 2040: A 30-year action plan for transportation investments in the central Puget U Sound region intended to support implementation of VISION 2040. 6 3 RES.J Page 405 of 436 Aje King County Countywide Planning Policies November 2012 Amended December 3, 2012 Transportation Demand Management: Various strategies and policies(e.g. incentives, regulations) designed to reduce or redistribute travel by single-occupancy vehicles in order to make more efficient use of existing facility capacity Transportation System: A comprehensive, integrated network of travel modes(e.g.airplanes, automobiles, bicycles, buses, feet, ferries,freighters, trains,trucks)and infrastructure (e.g. sidewalks, trails, streets, arterials, highways,waterways,railways, airports)for the movement of people and goods on a local, regional, national and global scale. Universal Design: A system of design that helps ensure that buildings and public spaces are accessible to people with or without disabilities. Urban Centers: Designated locations within King County cities meeting criteria detailed in Development Pattern chapter policies 31-32. I Urban Growth Area: The designated portion of King County that encompasses all of the cities as well as other urban land where the large majority of the county's future residential and employment growth is intend to occur See Appendix 1. Land Use Map. Very Low-Income Households: Households earning 30 percent of the Area Median Income or less for their household size. l VISION 2040: The integrated, long-range vision for managing growth and maintaining a healthy region—including the counties of King, Kitsap, Pierce and Snohomish. It contains an environmental framework a numeric Regional Growth Strategy,the Multicounty Policies,and implementation actions and measures to monitor progress. Water Resource Inventory Area: Major watershed basins in Washington identified for water- related planning purposes.I Workforce Housing: Housing that is affordable to households with one or more workers. Creating workforce housing in a jurisdiction implies consideration of the wide range of income j levels that characterize working households, from one person working at minimum wage to two or more workers earning the average county wage or above. There is a particular need for workforce housing that is reasonably close to regional and sub-regional job centers and/or easily accessible by public transportation. O I 0 R. U 6 4 RES.J Page 406 of 436 RES.J Page 407 of 436 L41 King County Metropolitan King County Council Committee of the Whole REVISED STAFF REPORT Agenda Item: 6 Name:Kendall Moore Proposed No% 2012-0282 Date: November 26 2012 Invited: Paul Reitenbach, GMPC staff coordinator Karen Wolf, Executive's office SU JECT A proposed ordinance adopting Growth Management Planning Council ("GMPC") recommended revisions to the King County Countywide Planning Policies ("CPPs"), including changes to he Potential Annexation Area ("PAA") map. COMMITTEE ACTION On November 26, 2012 the committee voted out Proposed Ordinance 2012-0282 as amended with a "do pass" recommendation. BACKGROUND Please see October 29, 2012 staff report. A ALYSIS Attached to this staff report as Attachment 4 is a matrix identifying all the changes made to the CPPs that are proposed by the striking amendment. The only addition to the changes described at the October 29, 2012 committee meeting is the change found at page 33 of the CPPs, which is new text to provide the reader context for jobs housing balance strategy called out in policy H-9 (CPPs, page 33), as well as in the Housing Appendix at page 57 As reported in the discussion at the October 29, 2012 committee meeting, these changes were reviewed by the interjuridictional team ("ITJ') members, who are staff to the GMPC No objections to the changes were received.' i At the October 26 meeting several members commented that these changes improved the document's clarity and readability 1 of 2 RES.J Page 408 of 436 i AMENDMENT the changes discussed at the October 29, 2012AnewAttachmentA, incorporating committee meeting has been prepared. Additionally as also discussed at that committee meeting, .a striking amendment has been prepared to make code changessothatlistingeveryGMPCactionandratificationbytheCouncilwillnolongercalledoutincode. The proposal is to decodify those listing sections in the code rather thanrepeal, so that history will be preserved. This approach is similar to what is proposedfortheComprehensivePlancodesectionsthatlistthehistoryofamendmentstothe Comprehensive Plan. I I I 2of2 RES.J Page 409 of 436 KING COUNTY 1200 King County Courthouse k1m 616'rhird Avenue Signature Report Seattle,WA 98104 King County December 3, 2012 Ordinance 17467 Proposed No.2012-0436.2 Sponsors Phillips 1 AN ORDINANCE adopting Growth Management Planning 2 Council Motion 12-5 and ratifying Motion 12-5 for I3unincorporatedKingCounty 4 STATEMENT OF PACTS: 5 1 The Countywide Planning Policies("CPPs")are adopted in accordance 6 with the state Growth Management Act,under 36.70A.210 RCW 7 2. The Growth Management Planning Council ("GMPC")was formed in 8 1992 to guide the development of the CPPs. The GMPC is a 9 representative body of elected officials from King County,the city of 10 Seattle, the city of Bellevue and the Suburban Cities Association. 11 Representatives of the special districts serve as ex officio members. 12 3 The CPPs establish a framework for guiding development in all King 13 County jurisdictions. 14 4. The CPPs are deemed adopted when ratified by King County and the 35 requisite number of cities and satisfying the required population 16 percentage. 17 5. The GMPC recommends CPP amendments to the King County council 18 for consideration,possible revision and ratification. 19 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY 1 RES.J Page 410 of 436 Ordinance 17487 20 SECTION 1. Findings: 21 A. On June 6,2012,the Growth Management Planning Council introduced i 22 Motion 12-5 listing the proposed changes to the urban growth area then under 23 consideration by the King County Council and accepted public testimony regarding the 24 proposed changes. 25 B. On September 11,2012,the Growth Management Planning Council approved 26 Motion 12-5 following additional public testimony regarding the proposed changes to the 27 urban growth area. 28 C. Attachment A to this ordinance incorporates Motion 12-5. 29 SECTION 2. The amendments to 2012 King County Planning Policies, as shown i i I 2 RES.J Page 411 of 436 Ordinance 17487 30 in Attachment A to this ordinance, are hereby adopted and ratified on behalf of the 31 population of unincorporated King County 32 Ordinance 17487 was introduced on 10/29/2012 and passed by the Metropolitan King County Council on 12/3/2012, by the following vote: i Yes: 9- Mr. Phillips,Mr. von Reichbauer,Mr. Gossett,Ms. Hague, Ms. Patterson, Ms. Lambert,Mr. Ferguson, Mr. Dunn and Mr. McDermott No: 0 Excused: 0 KING COUNTY COUNCIL KING COUNTY,WASHINGTON i Gossett, hair ATTEST I Anne Noris,Clerk of the Council APPROVED this (?dayof P . 2012. I Dow Constantine,County Executive Attachments:A.Motion No. 12-5 3 RES.J Page 412 of 436 17487 ATTACHMENT A 9/11/12 Decision: Approved Sponsored By Executive Committee pr 1 MOTION NO. 12-5 2 A MOTION to amend the Urban Growth Area of King 3 County This Motion also modifies the Potential Annexation 4 Area map in the Countywide Planning Policies. 5 6 7 WHEREAS,the Washington State Growth Management Act,RCW 36.70A.110 requires 8 counties to designate an urban growth area or areas within which urban growth shall be 9 encouraged and outside of which growth can occur only if it is not urban in nature;and 10 I 1 WHEREAS,Countywide Planning Policy FW-1 Step 8 recognizes that King County may 12 initiate amendments to the Urban Growth Area;and 13 14 WHEREAS,the King County Executive and the Metropolitan King County Council 15 requests the Growth Management Planning Council consider the attached amendments to 16 the Urban Growth Area for eventual adoption by the Metropolitan King County Council 17 and ratification by the cities; and 18 19 WHEREAS, Countywide Planning Policies LU-31 and LU-32 anticipate the collaborative 20 designation of Potential Annexation Areas and the eventuall annexation of these areas by 21 cities. The attached amendments are supported by the affected city 22 23 BE IT RESOLVED THAT THE GROWTH MANAGEMENT PLANNING COUNCIL OF 24 KING COUNTY HEREBY MOVES AS FOLLOWS, 25 26 1 Amend the Urban Growth Area as designated by the Urban Growth Areas Map in the 27 Countywide Planning Policies,the Potential Annexation Area map, as depicted on the 28 following attached maps: 29 30 Attachment 1 Sammamish—Soaring Eagle 31 Attachment 2: Snoqualmie—Mining Site 32 Attachment 3 Auburn— 148h Ave. SE technical correction 33 Attachment 4 Black Diamond—212'"Ave. SE technical correction 34 Attachment 5 Redmond—NE Union Hill Road/196"Ave NE technical correction 35 Attachment 6:Black Diamond—Lake Sawyer Road SE tecbnical correction 36 Attaclunent 7• Renton—SE Old Petrovitski Road technical correction 1 - RES.J Page 413 of 436 17487 1 Attachment 8:Maple Valley—SE 281"Way technical correction 2 Attachment 9•Maple Valley—SE 288"St.technical correction 3 Attachment 10:Enumclaw—SE 440"St.technical correction 4 Attachment 11.North Bend—SE 142v4 St.technical correction 5 Attachment 12:North Bend—SE 150"ST technical correction 6 Attachment 13:Auburn—SE Green Valley Road technical correction 7 Attachment 14:Duvall—SR 203/NE 140"St.technical correction 8 Attachment 15:Maple Valley split parcel 9 10 11 2. Amend the Interim Potential Annexation Area Map by including any additional 12 unincorporated urban land created by these UGA amendments in the Potential 13 Annexation Area of the adjoining city, and deleting any land changed from urban to 14 rural from the respective PAA. 15 16 3 These amendments are recommended to the King County Council and the Cities of 17 King County for adoption and ratification. 18 19 20 ADOPTED by the Growth Management Planning Council of King County in open session 21 on September 11,2012 and signed by the chair of the GMPC. 22 23 24 j 25 Dow Constantine, Chair,Growth Management Planning Council 26 27 I i 2 - RES.J Page 414 of 436 i Attachment 1 Soaring Eagle Recommended Land Use Map King County ptpMynl°IO•rtlpm•N•n0 bN°hnM•16.n1a. TM hlwwl0n kMtleE°n Ha W,M1N b.n tuppAM b/ y„ O,pV•b^^°^`•^^•n°'•°°•e"•°°°bu.% OS KC Open space system t;..7 Incorporated Areas9MN11[8[1. IMq Cpu1Y+ Mtl+ pn+lMtlEnf LL mnu+,.pnn ar hppna,u a.upon.oNpbl.M,,,op Other ParkstvVildemess 1tn Jp{pmnl b Mt HeMIU W vs.....u..y rp°pa Urban Growth BoundaryKrycronysNIMap•nb W uY p..wt W 4.N m 1. al hk .. e.txit p- nwtty Mew usa Q Y/ a mW+.tlbl.hbml.WnO"P b oava.-P MYy. n Study AreaGm.p er Fbmulbn on NO mp b plMWlrf.It.p by When rllmbtkn dkhp COUMy. Dale:Jw 25.M12 yY Proposed Urban tpla1,a,tn.jvd, antz0t2_Ct,t,prw,u'lywnswl:1peap'e rpe MY,INSd Growth Boundary 0 top noo Xp1,n 3M C(WSMm12ot2_CanpphMde[reryt9oercpEepb,a ALw pEI ry Neeomesp Feel I l os 1 Op 4ti'-'—•SE9TMWAY :» 1 1 jSammamish ED r N N t' 127N,ST/ 1. h TN.ST 1°.` 14;. RES.J Page 415 of 436 Attachment 2 17487 Snoqualmie - Mining LN Recommended Land Use Map King County P1p,MwMal MVbgw W,n• FnrFww.,nW6m!aa la,Nb,m>fw nwam an mb n+P a>,w>n .0w W ItFq Caunry C.Rlmm,whry o!>ww W afv'dnab M>Ns ama naK.. wn, cwar mlxw w nw•>•^aw^. rX Rural Cities Urban Growth Area L.._ Incorporated Areas nnw>.•wn,>a NPCM.u b,<nnn,mR{Llw•s>, awn,mepn. a y. ie n• w el vR nanYlon. ra Rural Area ov C."Ily a wl V1.140 b, F w w. ..n,..r wwwl. UI'b011 Growth BoundaryIon) cowry 4 as a uae a. w p•nv,i. .p.a. m Mining Iv.•a anneaa e. , Iwn• ma R'MIX" Rws'o.ra na N imlw b.1u1 merve>n b>I MR' 04 ' rxn w wanaW.a m.nrwpwn wnaapa pn w rtip.Nn>.a a OS King County Open Space System aF>R4pmnamuwnwua m.pavla.waea•waar lu•n Change wlnvubnaKK9 CVw.1/. Dxe,Aawu n,2012 7. P Proposed Urban 1blsnas11p1go<.wa.sVeu_canPPl VRoiea,l$I Vnft"MVMxtl Growth Boundary 0 2M W R9tsnas llpgMSbhsV012_COmpPImlOelnenf5mpoafnkM1fKy pd Frrl f4ccomnP 3F5+5 o m 390TH•AVE•sE-) Portion of P 2024089017 20 D89D17 402NO-AVE'SS M ra X SE•59TH-S'T d SE,80TH•S-1 POAbn of 2024089020 02400901 N r rX RES.J Page 416 of 436 Attachment 9 17487 Urban Growth Boundary Right of Way Issues - 148th Avenue SE T- PrIvate-Rd Move UGB to east margin of ROW to include entire road segment in urban area. Road is already maintained by City.of Auburn. M, N 4. Auburn Urban Growth Line County Roads Parcels Cities Unincorporated Area 125 62.6 0 126 Feet King County May 10,2011 RES.J Page 417 of 436 Attachment 4 17487 Urban Growth Boundary Right of Way Issues - 212th Avenue SE C. 3352 - - Lu OF t Move UGB to west ROW margin to include entire road in Urban Area. 1Z L I Kent 7 Right of Way Issue u B(aok Diamond 1. o:,'Urban Growth Line County Roads a I o Parcels a Nu— Cities d Unincorporated Area u King Countyw.wr-.••••-•+-290 145 0 280 Feet May 10.2071 tyo„weeuw,.tronamgxrtp,ma. MYµur RES.J Page 418 of 436 Attachment 5 17487 Urban Growth Boundary Right of Way Issues - NE Union Hill Road e NE•Unlon*HIIhRd 968O3 o Move UGB to north margin of NE Union Hill Road ROW I to include entire road in Urban Area. Redmond w Move UG6 to west margin of 196th Ave NE ROW to include i entire road in Rural Area. CCD e-on.e-a-c-o-a-o-o-p-e.aa.a.m.n-n-o-osa:aa-c- e I Privale-Rd Reddmond NE U°r Hill q Right of Way Issue 0 2m NE 76th St n°gnn N Urban GraWlh Line p i County Roads e a t Parcels cities 1l Unincorporated Area e.- lq « no es 0 170 Feet King County FS `^.,'• °"••"""'wi.,.$.°.:.<' May 10.2011 e.evwa..i.nun°tvssm+pxevamm RES.J Page 419 of 436 17487 Attachment 6 Urban Growth Boundary Right of Way Issues - Lake Sawyer Rd SE i. 4 t L A316 ROW marginMoveUGStowest to include road in urban area. l Bldck.Dia Oita j AA- 4 1,'j IP t I L L_LIJ, Blqoilf Dijin'o. nof Right of Way Issue Urban Growth I-Ine County Roads Parcels Roberts Or N cities Unincorporated Area 340 no 0 340 Feet L-g King County May 10,2011 RES.J Page 420 of 436 17487 Attachment 7 Urban Growth Boundary Right of Way Issues -SE Old Petrovitsky Road II r r EH-84th-9tawrrngs-serwea-Tia- Move UGB to south margin of ROW to include road in Urban Area e a 5,. .'Y.. n Renton I, I Right of Way Issue rn n ue Urban Growth Line County Roads Parcels H N Cities 311 Unincorporated Area Kent 230 116 0 230 Feet Lg-King Countyr`-" `+`—M- May 10.2011 r ew.aaumem ,s RES.J Page 421 of 436 Attachment 8 17487 Urban Growth Boundary Right of Way Issues - SE 281st Way Z 9lh_W-. it l bab wr 0 .";y [_-•< Ple-Rid9e-Dr s ' ' '`•'b. t- a=y` y 3• SE279th-PI i v;gff Move UGB-to south ROW margin to include road in Urban Area I;IF?aWlelValfey n- ;:BE gg KenbKen9loy Rd i J'!.11 Cent .I I Parcels rl Urban Growth Line Right of Way Issue County Roads N Cities Unincorporated Area B lack Diam nd King CountyH"6aa.•nh3 ; .' °.+'..w.d. 900 160 0 900 Feet May 10.2011 vma .au.wrncc+sm,e++:.a RES.J Page 422 of 436 17407 Attachment 9 Urban Growth Boundary Right of Way Issues - SE 288th Street I l ap! Hay__ W m a:Move UGB to south ROW margin. to include entire road In Urban Area. NSF i I SE 2'88thK5t'D:3•3°7$'IQ mu i'6omro Dfampn' F•'. i T iVlaple';1/a1 Qy H.Nx Kent I SE 2861h at I Right of Way Issues rte o 0 o Urban Growth Lino County Roads r Parcels Black Diamond QIt1eS I• j N I Unincorporated Area 270 195 0 270 Feel Lg King County May 10,2011 xx.amwulweucwsm.Wlewrm.a RES.J Page 423 of 436 Attachment 10 17487 Urban Growth Boundary Right of Way Issues - SE 440th Street Lu a,--- Move UGB to north`margin of ROW to include entire road in Urban Area. a I I\ t I I'm °O VIM"a w 0 0-0 n R..p-0-13-0 2-13 a SE 440th it f. I i rl L I LL McHugh Ave ;56432nd7 N Right of Way Issue Urban Growth Line w n n9 s Enumclaw a L _ County Roads Rrey o N 1 Parceis q° r/ N SR 410 I_ Si2410 i Cities Unincorporated Area F I I 1 pWr,elJ ab ern a unM)IM e/3 no es 0 170 Feet King County May put 1 y.......x.-..x--+..A>.+.a Y 10, e. m.a 4M bnpnvnVM nrb RES.J Page 424 of 436 Proposed Revision to UGBL For Informational Use only SE 142nd Street section 15, Township 23, Range 8 E City of North Bend e!nL(A North Bend Potential SE 14o,r T—Sr Annexation AreaSr SE-140T--H St LU KC Maintained 1-90 IV Current UGBL1-90 AorProposedRevisiontoUGSL Proposed UGBL UGBL 9t I SE 142NDTT 42 NO-ST-- King County 260 126 0 250 500 Feet M*ove UGB,to north margin of ROW June 21.2011 to include road in Rural Area. The Wwme4m tr UdW an V mp hm t pJW bv Road serves rural properties. n&, 10.1= P k ma 7NT-- X RES.J Page 425 of 436 r i r---I i j Proposed Revision 1 ' ` to UGBL i For Informational Use Only i SE 150th Street Section 24, Township 23 I I Range 8 E 90 SF410 . j City of North Bend t _— _— —_ -- RThe gY I r1j'th B63i13 t' I' SE 144TH•ST N KC Maintained F' SOrys i W' 4 Ae Current UGBL Q Proposed UGBL I A' III ISE 146TH ST C/GSC i 190 King Co my Move UGB to north ROW margin itoincluderoadinRuralArea r—. _ _250125 0 250 500Fe t Road serves rural properties TgInbmtabn Ltl.0 m ft map Ins peso cmnplW by 1 an0 wnty sm'fmnarMeHasavcn mdkwaaab dimWwMpulnwa. I I4n9CWnrymtlws nn reprasatmYwsawarmtlm.maws iI i -`' - tmplagmmararary.<amplaamw.dmeutea.argrcs I mote umawA m(umabn. I meEOmtwrtth na MmEOEfauwaewrvayamw. bW I j pn9CwnH]ul mtW aaEla r««M genes s9ritmtQ11iYtawa.l ckmrA.asmswtawtl mvnsges .drt 1 pd 9m'bEb.loIIrwanvasdf bIIprMtt nwMgham Cls r-._.• 1 W `--_ .____ uwamYVStaltamlmmabn cmbinWmNkavq. arrystlpa mb mry aWamdM on gtls m Is aentlua Q I aaxgwnlon petmk9glt al]nq cnumr. D co- 5E-7531RD.S7- W s E r s V. 33 iY •. Nt Y.itJiHMM.n-UraiA F.41rt< eum jai RES.J Page 426 of 436 I 17487 Attachment 13 l Urban Growth Boundary Right of Way Issues - SE Green Valley Road Move UGB to south ROW margin to include road in Rural Area. All other segments of SE Green Valley Road are rural. a-.. .... S Re Xl . f ` .Auburi; N Right of Way Issue any°y SR 164 Urban Growth Line Auburn County Roads j Parcels Cities 1r Unincorporated Area 1 110 66 0 170 Feet King County Z" '"•"•'t^=%^`^= Ma 10,2011 1~rwni4m.+Mhm-•n'w+y M1CaoVwtlu4xveYla!G SmadxNr/na0 RES.J Page 427 of 436 17487 Attachment 14 Urban Growth Boundary Right of Way Issues - SR 203 & NE 140th Street psi afeWa 11 e i Du,Jall 1 Yg Eot g'%` e; Move UCsB to east margin of SR 203 ROW to include all ROW for NE 140th Street in a_ Urban Area and eliminate 1 e oprhaned ROW segment. I N It) 4. I NE 1,49th 91" bUV ll w yNE 143rtl PI t Jt1EAA01h St Y1 1 11(f9lg Rock i y.\ a n Urban Growth Line County Roads L_1 Parcels cities Unincorporated Area Ii King County90As090Feat May 70,2017 •„ww w..vrraas..yx.:•,e.a RES.J Page 428 of 436 i Attachment 15 17487 t.. ,.. ._ ^vr:-..roc...... ..... ....... r .. Ma' I'e 1%all'e. MG R'euis.ion If. ' p did ya r: n•aossooco r Wrtj htlG,roviit1) L:ihe' . 502 gTIiP Maple Valley R-4 a CI 2431 N1+y Cuuniq J 0010111 0051M4NTS:PaRe191098600$0Is IoUUy,cAlhin Ind City of Maple Valley:.Ifowom.MUQq I doesmlconfdtm to I)o Cllyojq sd Cu0AWh0uhpo7. Th.I m.l lh edodm n meq 4a+4ron rortpL'.C bJ Nlarlmra'tarnN uaN,4onieranwl1a W"gleM saeleabaurg.ni WnaK.:NbqCamyma4rerorrppnn+M+tb .awvrLgia;uCfeua L? Cleealaagrnaryitanpbbneu, UmJINU;atlyMfbine wo OliWiNtrmaem. -Y 1 yid TNi q[SUnenibnolbLMd Wuiv.aetwv.YMaOUtt.qrg.MhenoleefeN.le(,en)'q.nryalpwali lJl6rat41MEaial,uruutvenfal j. ! 'oam.q.s btNbe!q,N.MIX30 lo.b+l mvnw+ar ba pogb t.vY lroT b.u+damvn.a th LJOrenetlan unmoed4,li m D:/ury.ae of i li<in I.VDUnt'all.prw«WOrmeeon mgiaRUp l+)rM'GkE a+ePoleY mvl+npmissMOf Kry COUnH.' 1' :.1. 1.g1. r' .y OeI.d2ik012;,--Swru.Nbp Comryl4UP,-PragnNlrGamaocA(NbYdnhrmeUWO_goaGlY.i1Mp ,.. _.. , .. 1 r RES.J Page 429 of 436 a ELM King County Metropolitan King County Council Committee of the Whole REVISED STAFF REPORT Agenda Item- Name:Kendall Moore Proposed No: 2012-0436 Date: November 26, 2012 Invited Paul Reitenbach, GMPC staff coordinator Karen Wolf, Executive's office I SUBJECT I Adoption of the UGA and PAA1 map amendment recommendations by the Growth Management Planning Council COMMITTEE ACTION On November 26, 2012 the committee voted out Proposed Ordinance 2012-0436 as amended with a "do pass" recommendation. SYNOPSIS Adoption of Proposed Ordinance 2012-0436 would approve and ratify for the population of unincorporated King County the recommendations made by the Growth Management Planning Council ("GMPC") relevant moving the Urban Growth Boundary ("UGB") in 15 different instances, none of which are controversial. These changes have already been forwarded as part of the King County Comprehensive Plan ("KCCP") Update for consideration. Additionally, except for the split parcel correction (Attachment 15 to GMPC Motion 12-5) all have been subject to the County's KCCP public review and no one has opposed these changes. Additionally, no one testified at the GMPC hearing in opposition to these changes. BACKGROUND At its June 6, 2012 meeting, the GMPC took up for consideration Motion 12-5 listing the proposed changes to the Urban Growth Area ("UGA") then under consideration by the King County Council and accepted public testimony regarding the proposed changes. No one testified against the proposals. UGA is the acronym for Urban Growth Area and PAA is the acronym for Potential Annexation Area. I of 8 RES.J Page 430 of 436 On September 11, 2012, the GMPC approved Motion 12-5 following additional public testimony regarding the proposed changes to the UGA. Again, no one testified against the proposals. ANALYSIS 1 GMPC Motion 12-5 Attachment 1 (Soaring Eanle)2 The proposal would change the from Rural to Urban a 29 9 acre portion of Soaring Eagle Park and add it to the Potential Annexation Area ("PAA") of the City of Sammamish. It is expected that a later time, the ownership of the parcel will be transferred from King County to the City and an interlocal agreement would ensure that this property to be permanently kept in park use. This will allow the City to annex the subject property and develop it with an active recreation city park. KCCP Policy U-104 supports this changes The transfer will result in a public benefit in the form of a city park with restrooms served by public sewers. i I. i i i i I s All of the map amendments recommended by the GMPC in Motion 12-5 were included in the striking amendment to Proposed Ordinance 2012-0103, the 2012 Updates to the King County Comprehensive Plan, 3 U-104 Rural properties that are immediately adjacent to a city and are planned or designated for park purposes by that city may be redesignated to urban when the city has committed to designate the properly in perpetuity in a form satisfactory to the King County Council for park purposes and: a. The property is no more than 30 acres in size and was acquired by the city prior to 1994; b. The property is no more than 30 acres in size and receives county support through a park or recreation facility transfer agreement between King County and a city; or c. The property is or was formerly a King County park and is being or has been transferred to a city 2 of 7 RES.J Page 431 of 436 Soaring Eagle Recommended Land Use Map Kur..s Os KC OPan^ -System tr crporated Areas Op Other P~MWemess uI Growth 6 .,y i..O':` ±'. 4.»•< ... wr... Nw.,.. swdy Prey N.0, Gm%slhBBoundary euGmMhBowdary I Os i r w Is w Y Op AV w X j r 14 it r Z2, Sammamish 3: h it 3of8 RES.J Page 432 of 436 i 2. GMPC Motion 12-5 Attachment 2: (Snogualmie Mininq Site) This recommendation would change the land use designation from Urban (and in Snoqualmie's PAA) to Rural for a portion of parcel 2024089017 and all of parcel 2024089020 Both of these properties contain a long-term mining operation and are zoned Mining. Both the City and the property owner, Weyerhaeuser, support the change. KCCP Policies also support this change: R-510,^ which calls for land designated in a Rural City's PAA should be planned and developed with urban uses, not mining activity R-676,5 support the designating existing mining sites as a Designated Mineral Resource. By definition designated Resource Lands are not within the Urban Area. i 1 l I I 4 In substantive part, R-510 The cities in the rural area and their Urban Growth Areas are considered part of the overall Urban Growth Area for purposes of planning land uses and facility needs. e In substantive part, R-676 King County shall identify existing and potential mining sites on the Mineral Resources Map in order to conserve mineral resources, promote compatibility with nearby land uses, protect environmental quality maintain and enhance mineral resource industries and serve to notify property owners of the potential for mining activities. The county shall identify' a. Sites with existing Mineral zoning as Designated Mineral Resource Sites; 4of7 RES.J Page 433 of 436 Snoqualmle Mining Recommended Land Use Map K dy c,Il'k"6w:0— :•n f% Rural Cities Urban GroiAh Area = lnoorpciated Areas ra Rural Area I'nl Mining 1'.i-' Obw Gadh Boundaryrm u... w.+a......w..n+....a r•n OS K'ep Camry m ChangeOpenSpaceSyste N Mw.N..nM..1Y.Ni..l.ury,.a.lr Q GnQY Yiw I.Yi4NI I M.* Proposed Urbanus...g..rr.b!]ewJ.a.:.P`W`uv.;c..v`a..wanx+w i.tv w,J..s`:• s.W GraiM Bounda o ,w Yw W.4rNaOlMnwNi1),W.YIMIYUJm.u.eu]'ila'w 111nW.i+1.VnN/rc ry Iw. KYOYN.Y I 1!1 i M i npO1 n:L`.t hike el hrm61 e]+]t9011 e].pfWlt aulu n].E 51. M ra X i WT rt Y vwsonM V a:+os:o]a o:aolsos \ ra F I l rX E i' 5 of 7 RES.J Page 434 of 436 3. GMPC Motion 12-5 Attachments 3-14. (ROW/UGA Technical Corrections) Pursuant to T-2056, King County Department of Transportation determined 12 segments of King County road rights-of-way ("ROW') should be redesignated on the KCCP Land Use map for the purposes of efficient future road maintenance. In eight cases, the ROW segment should be included within the UGA so that the adjacent city will have long-term maintenance responsibility In three cases, the ROW segment should be included in the Rural Area, since King County will continue to have maintenance responsibility One case involves two segments; one should be designated Rural and the other Urban to clarify maintenance responsibility between King County and the City of Redmond. Map Amendments r These map amendments are attached to this staff report as part of Attachment A to proposed Ordinance 2012-0436. Redesignate from Rural to Urban. i 1481h Ave SE, adjacent to Auburn 212th Ave SE, west of Black Diamond NE Union Hill Road, east of Redmond Lake Sawyer road SE, west of Black Diamond SE Old Petrovitsky Road, east of Renton SE 281St Way, east of Maple Valley SE 288th Street, south of Maple Valley SE 440th Street, north of Enumclaw SR 203 at NE 140th Street, south of Duvall. I Redesignate from Urban to Rural: 196th Ave NE, east of Redmond SE 142nd Street, south of North Bend SE 1501h Street, south of North Bend SE Green Valley Road, northeast of Auburn 4. GMPC Motion 12-5 Attachment 15: Maple Valley Split Parcel Council Staff discovered a split parcel in the city of Maple Valley during their review of the map amendments for the 2012 KCCP Updates.7 This developed parcel, located within a subdivision totally within the city limits of Maple Valley, shows up on the UGA map with the UGB running through it, resulting in half designated Urban and half e T-205 Any segment of a county roadway that forms the boundary between the Urban Growth Area and the Rural Area shall be designed and constructed to urban roadway standards on both sides of such roadway segment. 7 This map amendment was not included as an area study for the 2012 KCCP Update; however, it is a technical change rather than substantive change and merely corrects the UGA map to reflect the existing conditions on the ground. 6 of 7 RES.J Page 435 of 436 designated Rural. This change results in the parcel being completely within the Urban Area. This map amendment is attached to this staff report as part of Attachment A to proposed Ordinance 2012-0436. The change comports with KCCP Policy U-103.8 AMENDMENT A striking amendment has been prepared to comport this legislation with the revisions to the code that are included in the striking amendment for Proposed Ordinance 2012- 0282. As members will recall, the striking amendment to Proposed Ordinance 2012- 0282 will simplify the King County Code changes so that listing every GMPC action and ratification by the Council will no longer called out in Code. The striking amendment to Proposed Ordinance 2012-0282 will decodify those listing sections in the Code rather than repeal them, so that history will be preserved This approach is similar to what is proposed for the Comprehensive Plan code sections that list the history of amendments to the Comprehensive Plan. Therefore, the section in the transmitted proposed ordinance reflecting the history of past GMPC and Council action relative to CPP amendments are not necessary and have been removed. Findings are added to set the context, i i i e U-103 Parcels which are split by the Urban Growth Area boundary line should be redesignated to either all urban or all rural unless the parcel is split to recognize environmentally sensitive features or the requirements of interlocal agreements or King County plans. This parcel was not split for environmental reasons or as a result of planning or agreements with the City Maple Valley supports this change. 7of7 RES.J Page 436 of 436