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HomeMy WebLinkAbout03-07-2013 Agenda_2013_3_7_Meeting(393)[1] Planning and Community Development March 7, 2013 - 5:00 PM Annex Conference Room 2 AGENDA I.CALL TO ORDER A.Roll Call B.Announcements C.Agenda Modifications II.CONSENT AGENDA A. Approval of Minutes - February 5, 2013, Joint Session* (Chamberlain) B. Approval of Minutes - February 25, 2013* (Chamberlain) III.ACTION A. Resolution No. 4921 – 2012 Consolidated Annual Performance and Evaluation Report (CAPER)* (Hursh) Committee to review and move forward Resolution No. 4921 accepting the 2012 Consolidated Annual Performance and Evaluation Report (CAPER). B. Resolution No. 4918* (Webb) A Resolution of the City Council of the City of Auburn, Washington, Amending the 2013-2018 Six-Year Transportation Improvement Program of the City of Auburn Pursuant to RCW Chapter 35.77 C. Resolution No. 4923, Amendment of SFRB Grant No. RCO #09-1429R for the Fenster Levee Setback Project* (Andersen) Request for Committee to review and recommend to full City Council approval of Resolution No. 4923 authorizing the execution of Amendment #2 to Grant Agreement No. RCO #09-1429R with the Washington State Recreation and Conservation Office for Phase 2 of the Fenster Levee Project. D. Resolution No. 4924 - Acceptance of King County Flood Control District Grant for the Fenster Levee Setback Project* (Andersen) Request for Committee to review and recommend to full City Council approval of Resolution No. 4924 authorizing the execution of Cooperative Watershed Management Grant Agreement No. 9.12.007 with King County for Phase 2 of the Fenster Levee Setback Project. E. Resolution No. 4922 – 4Culture Grant Acceptance* (Chamberlain) Acceptance of a $3,500 grant from 4Culture to prepare a landmark designation application for the Pioneer Cemetery. IV.DISCUSSION ITEMS Page 1 of 183 A. NPDES II Annual Report* (Carlaw/Thorn) Resolution No. 4908 regarding the 2013 Stormwater Management Program. B. Ordinance No. 6459 - Code Amendment Related to Off-Premise Residential Real Estate Signs* (Chamberlain) Review the proposed extension to allow temporary off-premise residential real estate signs for an additional year. C. Resolution No. 4920* (Faber/Chamberlain) Review the proposed fee reductions related to planning, building, and engineering fees and for reducing park impact fees for development within the Downtown Catalyst Area. D. Director's Report (Tate) E. PCDC Matrix* (Tate) V.ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. *Denotes attachments included in the agenda packet. Page 2 of 183 AGENDA BILL APPROVAL FORM Agenda Subject: Approval of Minutes - February 5, 2013, Joint Session Date: February 28, 2013 Department: Planning and Development Attachments: February 5, 2013 - Draft Minutes Budget Impact: $0 Administrative Recommendation: Planning and Community Development Committee to approve the February 5, 2013 joint session minutes between the Planning and Community Development Committee and the Planning Commission. Background Summary: See attached draft minutes. Reviewed by Council Committees: Other: Planning, Chair Backus, Chair Roland Councilmember:Backus Staff:Chamberlain Meeting Date:March 7, 2013 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A Page 3 of 183 DRAFT Joint Meeting Between Planning and Community Development Committee and Planning Commission February 5, 2013 Special Meeting Minutes I. CALL TO ORDER Chair Nancy Backus called the meeting to order at 5:02 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 Planning Commission Members present were: Chair Judi Roland, Commissioner Baggett, Commissioner Copple, Commission Mason, Commissioner Trout, Commissioner Couture, and Commissioner Ramey. Planning and Development Committee Members present were: Chair Nancy Backus, Vice-Chair John Holman, and Member Largo Wales. Also present were: Mayor Pete Lewis, Planning and Development Director Kevin Snyder, Planning Manager Elizabeth Chamberlain, City Attorney Dan Heid, Planner Gary Yao, Development Services Manager Jeff Tate, Building Official Tom Ushing, Principal Planner Jeff Dixon, and Planning Secretary Tina Kriss. Audience members present: Scott Pondeleck and Councilmember Osborne. B. Announcements There were no announcements. C. Agenda Modification There were no agenda modifications. II. JOINT STUDY SESSION – PLANNING AND COMMUNITY DEVELOPMENT COMMITTEE AND THE PLANNING COMMISSION Planning and Development Director Kevin Snyder opened the joint session with introductions from the Planning Commission Members, the Planning and Development Committee Members, and staff. BUILDING CODE UPDATES: Development Services Manager Jeff Tate and Building Official Tom Ushing reviewed the City’s upcoming 2013 City of Auburn Building Code Update. The International Code Council is a National Organization that is comprised of professionals to create the International Code. The International Code is on a three year code cycle and the City is currently operating on the 2009 code. The 2012 code is currently under construction. CA.A Page 4 of 183 PLANNING COMMISSION MEETING MINUTES February 5, 2013 Page 2 RCW 19.27.074 establishes the Washington State Building Code Council who is the reviewing and adopting agency for the Washington State Codes. RCW 19.27.031 adopts the International Codes as the official building regulations for the State. The State makes appropriate amendments to the code, at this time the State has not released the amendments. Title 15 of the Auburn City Code is the City’s building code. The City will be updating the Auburn City Code to change code references from 2009 to 2012. Changes refining permit expiration timeframes and procedures for existing permit timeframes will also be proposed. Staff will also propose language to seek to clarify local amendments made in the past. Staff will be working with customers to communicate those anticipated changes and work to update residential stock plans that were previously approved under the 2009 code. To complete the approval process for the 2012 code changes, staff expects to go before the Planning Commission in late March, Council Sub-Committees in April, and Council for approval this spring. COMPREHENSIVE PLAN UPDATE: Planning and Development Director Kevin Snyder opened the discussion regarding the City’s Comprehensive Plan. A Comprehensive Plan is a strategic plan for growth management and is developed to insure effective implementation of the vision, goals, and strategies of this plan. The City’s current Comprehensive Plan is due to have a major update and has been included on the Planning and Community Development Committee & Planning Commission 2013 – 2014 work plan, item No. 1. Mayor Lewis explained the City of Auburn is the 14th largest city in the State of Washington and the 7th largest city in King County and Pierce County. The Puget Sound Regional Council believes the City of Auburn will have a population of over 100,000 in the next 20 years. In the past, the City has viewed itself as a small town, but with a population of 72,000 and a future population of 100,000 the City is now a large town and should be viewed as a larger town to appropriately plan. What does the 21st century City of Auburn look like and how does the City plan as a large City? Roads, building sizes, and other infrastructure needs to provide for a large population of 72,000 to 100,000. A 21st century plan must be in place to provide for the needs of the City. The Planning Commission members, Committee, and staff discussed including the following proposed items for future discussion as planning goes forward to update the Comprehensive Plan: • Arts and Culture • How best to involve the Auburn School District and Green River Community College in the update process; Community colleges vs. a 4 year college • Aviation • Manufacturing Villages and the Economic Development Strategy areas CA.A Page 5 of 183 PLANNING COMMISSION MEETING MINUTES February 5, 2013 Page 3 • Medical Clusters • Education opportunities; early learning opportunities • Diversity • Veterans services Staff reviewed ideas for formulating goals under the Comprehensive Plan updates. Members of the Committee recommended including S.M.A.R.T. goals (specific, measurable, attainable, realistic, and timely) as part of the guide to assist Council going forward to achieve the goals of the Comprehensive Plan updates. Director Snyder encouraged the Committee and Commission Members to see themselves as architects with an opportunity to “draw” the future they see for the City of Auburn. As part of the public involvement process to the Comprehensive Plan updates, staff explained that in today’s environment the City may want to consider using different tools to engage the community. As part of the public input, the Commission and Committee were supportive of providing community stakeholders with “toolkits” to meet with and engage with specific groups they select, to obtain feedback. Another idea the Commission and Committee felt would be beneficial was a gaming tool that invites residents to participate in community planning through game playing and establishing more of a significant social media presence through Facebook, Twitter, and other mediums. A visual preference survey, a combination of ranked photos and questionnaires to obtain unfiltered feedback from the public was also encouraged to use as a tool for public involvement. After reviewing a flow chart illustrating the Comprehensive Plan update timeline, the Commission and Committee expressed support of implementing the goals and actions developed around a near term (0-5 years), short-term (6-10 years), and long-term (11+ years) timeframe in order to create an action-oriented plan. Staff will be reviewing the recommendations and ideas for the future Comprehensive Plan updates and provide more information on these topics as staff meets with both the Commission and Committee. The next joint session between the Committee and Commission will be in August 2013. ADJOURNMENT There being no further business to come before the joint meeting between the Planning Commission and the Planning and Community Development Committee Chair Backus adjourned the meeting at 6:39 p.m. DATED this __________________ DAY OF_______________________, 2013. ________________________________ _____________________________________ Nancy Backus – PCDC Chair Tina Kriss – Planning Secretary CA.A Page 6 of 183 AGENDA BILL APPROVAL FORM Agenda Subject: Approval of Minutes - February 25, 2013 Date: February 27, 2013 Department: Planning and Development Attachments: Februaray 25, 2013 Draft Minutes Budget Impact: $0 Administrative Recommendation: Planning and Community Development Committee to approve the minutes of the February 25, 2013 Planning and Community Development Committee meeting. Background Summary: See attached draft minutes. Reviewed by Council Committees: Other: Planning Councilmember:Backus Staff:Chamberlain Meeting Date:March 7, 2013 Item Number:CA.B AUBURN * MORE THAN YOU IMAGINEDCA.B Page 7 of 183 Planning and Community Development February 25, 2013 - 5:00 PM Annex Conference Room 2 MINUTES I. CALL TO ORDER Chair Nancy Backus called the meeting to order at 5:01 p.m. in Annex Conference Room 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; Financial Planning Manager Martin Chaw; Planning and Development Director, Interim, Jeff Tate; Economic Development Manager Doug Lein; Administrative Business Services Manager Darcie Hanson; Traffic Engineer James Webb; Assistant City Attorney Steve Gross; Transportation Manager Pablo Para; Engineering Aide Amber Mund; and Planning and Development Secretary Tina Kriss. Members of the public included: Dylan DeVito, John and Eleanor Brekke Parks, Kyle Carrier, Tim Sypomicz, Auburn Reporter representative Robert Whale, and Spencer Alpert. B. Announcements John Brekke and Eleanor Brekke Parks requested an opportunity to make public comment before the Committee. Chair Backus invited them to the table to make a public comment. John Brekke, 8436 Midland Rd, Medina, Washington. Eleanor Brekke Parks, 8457 Midland Rd, Medina, Washington. Mr. Brekke stated his family has been property owners in the City of Auburn for the last 30 years with over 13 buildings in various locations. One set of buildings is located near the King County Solid Waste Division’s (KCSWD) proposed site to build a new, modernized transfer station. Mr. Brekke expressed his concern about the placement of the transfer station in Auburn. He stated the City, through the Planning Department’s Scoping Comments sent to King County November 15, 2013, has done a great job making numerous points in opposition to the construction of a new site off C Street SW in Auburn. Page 1 of 5 CA.B Page 8 of 183 Mr. Brekke is hopeful that when the City replies formally to the Environmental Impact Statement (EIS) the City will make the same points included in the scoping comments (listing traffic, economic development, environmental and storm drainage issues, along with other concerns). Mr. Brekke asked staff if the family would have an opportunity to see the City’s response to the EIS. Planning and Development Director, Interim, Jeff Tate stated he was informed by King County that the comment period will be extended and when the City is aware of the timeline staff will contact Mr. Brekke. C. Agenda Modifications There were no agenda modifications. II. CONSENT AGENDA A. Minutes - February 11, 2013 (Chamberlain) Vice-Chair Holman moved and Member Wales seconded to approve the Planning and Community Development Committee meeting minutes for February 25, 2013 as written. Motion Carried Unanimously. 3-0 III. ACTION A. Resolution No. 4917 (Webb) Transportation Planner Pablo Para introduced Traffic Planner James Webb. Resolution No. 4917 is to set a time and date for a public hearing to amend the 2013-2018 Transportation Improvement Program, to add grant funding the City of Auburn was recently awarded from the Washington State Department of Transportation (WSDOT) for $502,275.00 to install guardrail along several City streets. There is no match requirement. Vice-Chair Holman moved and Member Wales seconded to recommend City Council approve Resolution No. 4917. Motion Carried Unanimously. 3-0 B. Ordinance No. 6457 - Changes to the Animal Control and Licensing Code (Hanson) Administrative Business Services Manager Darcie Hanson provided background information on Ordinance No. 6424, the animal control and licensing code. Proposed Ordinance No. 6457, provides language to clarify the animal licensing one-year expiration dates, beginning the date the license is issued. Language was also added to recognize WAC 246-100-070, requiring all dogs, cats, and ferrets to be Page 2 of 5 CA.B Page 9 of 183 vaccinated against rabies and proof of enforcement of WAC Section 246-100-197 requiring local jurisdictions to enforce the code. Violation penalties of $250.00 were also updated for an animal injuring human, domestic animal, or livestock. A section was also added to recognize the "lifetime" licenses issued by King County Regional Animal Service prior to January 1, 2013. Vice-Chair Holman moved and Member Wales seconded to recommend City Council approve Ordinance No. 6457. Motion Carried Unanimously. 3-0 IV. DISCUSSION ITEMS A. Ordinance No. 6456 (Coleman) Financial Planning Manager Martin Chaw stated Ordinance No. 6456, is the first budget amendment for the 2013-2014 biennium. The amendment enables the completion of various capital projects in 2013 by carrying forward unspent project resources from the 2012 year. Committee and staff reviewed the salary and benefit adjustments in the amount of $400,000.00 in the general fund and $200,000.00 in other funds for the 2012 year fund resources. The amendment moves $14,000,000.00 to establish a Sewer Metro Wastewater Fund for payments to King County, it will provide greater visibility and accountability to the management of payments to King County. Staffing and labor increase adjustments were requested for full-time employees for 2013. Committee and staff discussed these positions and the specific funding sources for the increases. Revenue adjustments to the 2013 estimated sales taxes were increased to $13,169,556.00 and $202,005.00 was eliminated in budgeted probations revenue costs since King County will be receiving the probation revenues under the City's court contract. The total budget adjustment is $18,475,875.16. B. Resolution No. 4904 (Mund) Engineering Aide Amber Mund explained that Resolution No. 4904 would set the dates of the public hearing for Franchise Agreement No. 12-41 for Zayo Group L.L.C. for March 18, 2013 at 7:30 p.m. in Council Chambers. Zayo Group L.L.C. has applied for a Franchise Agreement to construct a fiber optic telecommunications network for their customers within the City's right-of-way. The initial build out is to be located in portions of the right-of-way of S 277th Street, D Street NE, Auburn Way North, Page 3 of 5 CA.B Page 10 of 183 37th Street NE/NW and I Street NW. The applicant is requesting the entire City as the proposed franchise area so that the future expansion of their facilities may be accommodated without having to amend the agreement for each installation. Future installations would be reviewed under the City's permitting processes that are a requirement for Franchise Agreements. In answer to the question regarding road repair by Committee, Ms. Mund stated any repair to the roads under the permit would need to meet the City’s Construction Standards. Committee asked if the City could require Zayo Group L.L.C. to install Broadband Infrastructure for the City as a condition of the Franchise Agreement. Ms. Mund explained that the City is currently negotiating that request through the City's Information and Technology Department. C. Director's Report (Chamberlain) Jeff Tate, Planning and Development Director, Interim updated the Committee on the Seattle Outlet Collection. The Certificates of Occupancy for the food-court were issued. The food-court improvements were also finaled, the food court is expected to be open to the public on Wednesday, February 27, 2013. The ground breaking for the Auburn High School modernization project was held February 24th, 2013. The next phase of work will be the demolition of the single family homes that were acquired by the Auburn School District as well as the development of the staging areas for temporary parking lots for staff and construction workers so they can begin the demolition work of the building. A Certificate of Occupancy for Terry Home II, a boarding home for young adult survivors of Traumatic Brain Injury (TBI), was issued today for their site at 727 A St NE. The City as of February 25, 2013 has issued 60 single-family residential permits; last year at this time the City issued 15 single- family residential permits and a total of 419 for 2012 year. Last year at this time the City conducted 976 building inspections. This year staff has conducted 1,917 inspections. D. PCDC Matrix Committee and staff reviewed the matrix. Chair Backus noted the following updates: • Item 2, Code Amendments: Shared Student Rental Housing was Page 4 of 5 CA.B Page 11 of 183 added. • Item 3, TADA: The Auburn Downtown Association will provide an update on March 11, 2013. • Item 3, Amtrak: Transportation Planner Joe Welsh to update Committee in March on the Department of Transportation (WSDOT) feasibility study to determine the suitability of the City of Auburn for additional Amtrak station stops. V. ADJOURNMENT There being no further business to come before the Planning and Community Development Committee, the meeting was adjourned at 7:42 p.m. DATED THIS ______________ day of _______________, 2013. ___________________________ _________________________ Nancy Backus - Chair Tina Kriss - Planning Secretary Page 5 of 5 CA.B Page 12 of 183 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4921 – 2012 Consolidated Annual Performance and Evaluation Report (CAPER) Date: February 28, 2013 Department: Administration Attachments: Resolution No. 4921 - 2012 Consolidated Annual Performance and Evaluation Report (CAPER) 2012 Consolidated Annual Performance and Evaluation Report (CAPER) Budget Impact: $0 Administrative Recommendation: Planning and Community Development Committee to recommend City Council approve Resolution No. 4921. Background Summary: The Consolidated Annual Performance and Evaluation Report (CAPER) is written and submitted to the Department of Housing and Urban Development (HUD) annually. Its primary purpose is to inform the citizens of Auburn where Federal dollars are being spent, by whom, and what the money accomplishes. It also serves as an evaluation tool and begins the process of setting spending goals for the next year. The Consolidated Annual Performance and Evaluation Report (CAPER) is written and submitted to the Department of Housing and Urban Development (HUD) annually. Its primary purpose is to inform the citizens of Auburn where Federal dollars are being spent, by whom, and what the money accomplishes. It also serves as an evaluation tool and begins the process of setting spending goals for the next year. The CAPER is an overall review of housing and community development activities that were funded by the Community Development Block Grant program in the year 2012. Furthermore, HUD regulations stipulate the City solicit comments and public review of its annual CAPER. A City Council public hearing on the CAPER is scheduled for the Monday, March 19, 2012 City Council meeting. Public Notice of the CAPER's availability was provided by publication in the Seattle Times and posted on the City of Auburn's website. No comments have been received regarding the CAPER to date. AUBURN * MORE THAN YOU IMAGINEDACT.A Page 13 of 183 At its March 18, 2013 meeting, the Council can act on the CAPER by accepting it by resolution. The resolution directs staff submit the report to HUD. Reviewed by Council Committees: Finance Other: Planning Councilmember:Backus Staff:Hursh Meeting Date:March 7, 2013 Item Number:ACT.A AUBURN * MORE THAN YOU IMAGINEDACT.A Page 14 of 183 Resolution No. 4921 March 18, 2013 Page 1 of 2 RESOLUTION NO. 4921 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, TO ACCEPT THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR THE 2012 PROGRAM YEAR. WHEREAS, the City of Auburn was designated as an entitlement community by the U.S. Department of Housing and Urban Development (HUD) for its Community Development Block Grant (CDBG) program; and WHEREAS, the requirements of the CDBG require the City prepare and submit a "Consolidated Annual Performance and Evaluation Report (CAPER)” for each program year; and WHEREAS, the City Council of the City of Auburn heard and considered public testimony on March 18, 2013 about the CAPER for its 2012 program year. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. That the Consolidated Annual Performance and Evaluation Report (CAPER) for the 2012 program year is accepted. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of ACT.A Page 15 of 183 Resolution No. 4921 March 18, 2013 Page 2 of 2 this legislation and submit the report to HUD. Section 3. 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 ACT.A Page 16 of 183 Department of Administration 25 West Main Street Auburn, Washington 98001 City of Auburn Consolidated Plan for Years 2010 to 2014 Consolidated Annual Performance and Evaluation Report (CAPER) for the 2012 Program Year March 31, 2013 ACT.A Page 17 of 183 City of Auburn – 2012 CAPER Page 1 CONTENTS: I Introduction, Summary II. Assessment of Goals and Strategies A. Housing and Homeless Prevention Strategies B. Livable Communities Strategies C. Economic Development Strategies D. Other Actions E. Continuum of Care Strategies F. Affirmatively Furthering Fair Housing: G. Leveraging Resources H. Self-Evaluation III. Outcomes Measurement and Performance Reporting System IV CDBG – Specific Requirements A. Nature of and Reasons for any Change in Program Objectives B. Assessment of Grantee Efforts to Comply with Consolidated Plan C. Extent of Funds Used for National Objectives D. Relocation Actions E. Economic Development Activities F. Program Income Accounts Description G. Neighborhood Revitalization Strategies Report H. Eliminating Barriers to Affordable Housing I. Coordination with Public Housing Authorities J. Lead-Based Paint Hazards K. Compliance and Monitoring Performed during the Program Year V. Public Participation Requirements VI. Public Participation: A. Minutes from Public Hearing and Council Resolution B. Written comments received during public review of the C.A.P.E.R. ACT.A Page 18 of 183 City of Auburn – 2012 CAPER Page 2 I. Introduction, Summary: The Consolidated Annual Performance and Evaluation Report (CAPER) for the City of Auburn, Washington, for program year 2012 is a report to the U.S. Department of Housing and Urban Development (HUD) on the City's activities and accomplishments using Community Development Block Grant (CDBG) funds. The City of Auburn (hereinafter referred to as the City) combines its CDBG funds with its general funds to support human service activities and human service planning and administration; this planning is detailed in the City’s Consolidated Plan and in its Annual Action Plan and correlated with the CAPER. On November 7, 2011 the Auburn City Council passed Resolution Number 4764 adopting the 2012 Action Plan for the City of Auburn's Consolidated Plan for Years 2010 to 2014. The 2012 Action Plan was based on an estimated, combined human service budget of $1,050,000; out of which $400,000 were CDBG funds, $650,000 were City of Auburn general funds. On April 4, 2012 HUD informed the City that its 2012 Action Plan was approved and funded with $466,796. This Consolidated Annual Performance and Evaluation Report (CAPER) will explain in more detail where CDBG funds were spent. The CAPER will assess how that spending addresses the housing and community development goals that the City set forth in its Consolidated Plan for Years 2010 to 2014. II. Assessment of Goals and Strategies: A. Housing and Homeless Prevention Strategies Activities funded by the City through its contracts with local agencies to promote affordable housing and prevent homelessness are part of its goal to assure Auburn residents have sufficient food to eat and a roof overhead. The following are activities that received CDBG funds relative to this goal. • CDBG funds were used to make sure Auburn residents have access to emergency assistance in the event that they become homeless. Specifically, CDBG funds were used for the following: o In an effort to help retired couples and senior citizens stay in affordable housing, the City uses its CDBG funds to make home repairs for low-income and primarily senior homeowners. B. Livable Communities Strategies The City uses its CDBG funds to help achieve the national objective of providing or maintaining a suitable living environment; particularly for its low income residents. Towards this end, the City uses its CDBG funds for the following: ACT.A Page 19 of 183 City of Auburn – 2012 CAPER Page 3 • Support a regional network of community health services that provide basic health care to low-income residents. The City provides CDBG funds to HealthPoint of King County (formerly Community Health Centers) for primary medical and dental care to low-income, uninsured residents at facilities located in Auburn. • Establish a youth drop-in center by providing funds to Auburn Youth Resources for acquisition of facility. C. Economic Development Strategies The City of Auburn strives to help potential entrepreneurs obtain the business skills they need to start and sustain a business and develop jobs. Towards this end, the City provides the Small Business Assistance Center of Green River Community College funding to provide training and counseling to individuals starting businesses. D. Other Actions: Neighborhood Revitalization: The City of Auburn uses its CDBG funds to preserve and/or revitalize low and moderate income neighborhoods. CDBG funds for planning and administration are used to work with neighborhood groups to identify local needs and develop plans to address those needs. Additional CDBG funds are used for the following: • Develop neighborhood plans so that low income neighborhoods can become eligible for consideration as local investment areas. • Increase neighborhood property values, increase the length of time residents reside in neighborhood, increase number of owner-occupied units and improve sustainability of the entire neighborhood by installing public infrastructure such as curbs, sidewalks, street lights and curb cuts for wheelchairs. E. Continuum of Care Strategies / Reduction in Poverty Strategies The City of Auburn provides a Continuum of Care primary through two channels. First, the City participates in the King County HOME Consortium, which sets policy direction and distributes HOME and McKinney funds throughout the County. On a local level, the City funds programs – both through the General Fund and with CDBG – that help prevent homelessness and address emergency and transitional housing needs. In addition to CDBG funded activities described in this CAPER, the following examples of general fund activities likewise help reduce poverty and homelessness in Auburn: • The City provides $56,500 of general funds to feed and care for over 10,000 Auburn residents. • The City provides general fund support to provide emergency housing to over 400 homeless adults and children. • The City provides ACAP Child and Family Services funds to subsidize the childcare of over 40 low-income, Auburn families. ACT.A Page 20 of 183 City of Auburn – 2012 CAPER Page 4 • The City provides over $90,000 of general fund support for services to victims of domestic violence. F. Affirmatively Furthering Fair Housing: The City complies in accordance with its "Analysis of Impediments to Fair Housing Choice" (AI) as required for CDBG entitlement communities. As a result of the AI and the public response to it, the consultant—a partner in this effort throughout the county—who prepared the AI identified three impediments and made three initial recommendations. The recommendations were: • Expand current education and outreach efforts; • Continue ongoing enforcement activities by holding responsible those able to make improvements in this area; and • Target homeownership and lending marketing to all citizens of all backgrounds. The City continues to implement the recommendations in the AI. For instance, among other actions, the City is inserting the Fair Housing logo onto its human service and housing planning documents as a means to publicize Fair Housing and the City's commitment to it. The City has made publications promoting Fair Housing available at City Hall, Senior Center, and other public gathering places. A link to Fair Housing information has been placed on the City’s website as a resource to residents as well. The City continues to monitor compliance with the Fair Housing Act. Complaints are referred to the Washington State Human Rights Commission for resolution. No fair housing complaints were filed against the City in 2012 nor did the City make any referrals of alleged complaints to the Washington State Human Rights Commission. G. Leveraging Resources CDBG appropriated by the City are sometimes used to leverage other public and private funding resources. For instance, in 2012 CDBG funds were used to leverage: • Through the leveraged matching funds of the City of Auburn’s general fund, the human services budget exceeded $1 million that went to meet the goals and strategies of the City’s Consolidated Plan. H. Self-Evaluation During their review of the CAPER, the Human Service Committee agreed that the City is implementing the strategies contained in the Consolidated Plan. The City has remained in compliance with the ‘Timeliness of Expenditure’ guidelines as prescribed by HUD. The City intends to remain in compliance, while adjusting project selection and monitoring to include provisions for the increased timelines due ACT.A Page 21 of 183 City of Auburn – 2012 CAPER Page 5 to response to environmental regulations (ESA and Lead Paint). Public service activities are within their intended schedule. Furthermore, the City continues to publicize its Housing Repair Program so as to increase the number of clientele served each year. III. Outcomes Measurement and Performance Reporting System: The Department of Housing and Urban Development instituted a reporting system for outcome-based performance measures. The following summarizes accomplishments relative to the 2012 Action Plan. Agency: City of Auburn Community Services: Housing Repair Program Activity: Provide emergency housing repairs to low-mod income Auburn homeowners at risk of becoming homeless. Proposed: 40 clients Actual: 43 clients Budget: $150,000 Spent: $171,655.12 ($21,655.12 prior yr.) Summary: During 2012 the City awarded 43 grants for minor home repairs. Actual expenditures were an average of less than $4,000 per client. All of the clients served were low-mod income, most earned less than 30% of the King County median household income (KCMHI). Agency: City of Auburn Community Services: Weatherization Program (CDBG-R) Activity: Provide emergency weatherization repairs to low-mod income Auburn homeowners at risk. Proposed: 15 clients Actual: 18 clients Budget: $40,000 Spent: $34,029.50 Summary: During 2012 the City awarded 18 grants for weatherization repairs. Actual expenditures were an average of less than $1,900 per client. All of the clients served were low-mod income, most earned less than 30% of the King County median household income (KCMHI). Agency: Auburn Youth Resources Activity: Support AYR in acquiring a facility for drop-in resource center serving low-mod youth at Les Gove Campus. Proposed: 50 clients Actual: 50 clients Budget: $100,000 Spent: $100,000 ACT.A Page 22 of 183 City of Auburn – 2012 CAPER Page 6 Summary: AYR, in working with the City of Auburn to develop a strategy for low-mod and primarily homeless youth, is creating a drop-in center to supplement the programming at the Les Gove Parks Activity Center. Goal: Health care to be physically and mentally fit. Outcome: Within the city limits of Auburn are located non-profit agencies that provide health care to its low-income residents. Output Goal: Support a regional network of community health services that provide basic health care to low-income residents. Agency: HealthPoint of King County (formerly Community Health Center) Activity: Provide primary medical / dental care to low-income, uninsured residents at facilities located in Auburn. Proposed: 78 / 70 clients Actual: 78 / 70 clients Budget: $57,500 Spent: $57,500 Summary: Community Health Centers has served the expected number of clients for the contracted year. Through additional resources, their total service to the City was much greater. Goal: Education and job skills to lead an independent life. Outcome: Auburn has a central location that makes available a variety of services and assistance to individuals who are starting a business. Output Goal: Help potential entrepreneurs obtain the business skills they need to start and sustain a business. Provide potential entrepreneurs research and technical assistance on potential businesses in Auburn and the means to finance them. Agency: GRCC Small Business Assistance Center Activity: Provide small business training and counseling to enable businesses and individuals starting business to survive and grow their businesses. Proposed: 25 clients Actual: 25 clients Budget: $37,500 Spent: $37,500 Summary: The agency provided over 480 hours of technical assistance and over 200 hours of counseling creating or saving 20 jobs. ACT.A Page 23 of 183 City of Auburn – 2012 CAPER Page 7 Agency: South King County Multi-Service Center: Employment Training Activity: Provide training to residents so that employment is found and sustained. Proposed: 15 clients Actual: 15 clients Budget: $5,300 Spent: $5,300 Summary: The agency provided training and job placement for the contracted amount of residents under this first year effort with the City of Auburn. IV. CDBG – Specific Requirements A. Nature of and Reasons for any Change in Program Objectives No changes were made in the Program Objectives of the 2012 Action Plan. B. Assessment of Grantee Efforts in Complying with Consolidated Plan The City did not, through action or willful inaction, hinder the implementation of the Consolidated Plan. If requested, the City provides letters of compliance to entities that are pursuing HUD-approved activities within the City (e.g., letters of zoning compliance, assistance with development processes, etc.). C. Extent of Funds Used for National Objectives All funds were used exclusively for the National Objectives. D. Relocation Actions No activities that required relocation of households or businesses were undertaken during the 2012 program year. E. Economic Development Activities The Small Business Assistance Center (SBAC) has as a goal the creation/retention jobs. The activities provided by SBAC for the 25 low and moderate income clients served is providing both counseling hours and loan assistance as public benefit. F. Program Income Accounts Description The City of Auburn did not receive any program income during 2012. G. Neighborhood Revitalization Strategies Reports The City of Auburn is working to align its Neighborhood Revitalization ACT.A Page 24 of 183 City of Auburn – 2012 CAPER Page 8 Strategy in accordance to HUD's criteria for selected or targeted neighborhoods. The City does have a policy in place that utilizes CDBG funds to make improvements according to HUD regulations. H. Eliminating Barriers to Affordable Housing The City provided grants for home repairs to 43 low-income homeowners. Most of these homeowners were senior citizens. They home repairs provided the clients of Auburn's Housing Repair Program enable them to stay in their homes, which are much more affordable than what they find elsewhere. I. Coordination with Public Housing Authorities The City of Auburn and the King County Housing Authority have a long history of collaboration toward developing affordable housing for low-income residents and people with special needs. The King County Housing Authority has approximately 768 public housing units located in Auburn; in addition to more than 800 Section 8 vouchers. The City of Auburn plans to continue to work with the King County Housing Authority to preserve and maintain Auburn's stock of affordable housing for its low-income residents. J. Lead-Based Paint Hazards The City of Auburn includes language in its CDBG contracts that require agencies to comply with HUD Lead-Based Paint Regulations (24 CFR Part 35) issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Sections 4831, et seq.) requiring prohibition of the use of lead-based paint whenever CDBD funds are used. In addition, the City notifies residents of potential lead-based paint hazards when it awards a Housing Repair grant. A copy of the pamphlet – "Protect Your Family from Lead In Your Home" is provided each Housing Repair client when the City conducts the initial inspection of their home. K. Compliance and Monitoring Performed during the Program Year Outcome data is included in the contract between the City of Auburn and the agency receiving CDBG funds. The City monitors agency compliance with its CDBG contract by requiring the agency to submit quarterly reports that includes data on the number of service units provided along with demographic information about their clients. In addition, City staff monitors the agencies with a site visit at least once a year and maintains a more frequent contact with agencies using the telephone and email. The information contained in this CAPER was derived from these site visits, quarterly reports and miscellaneous agency contacts. V. Public Participation Requirements The public review period for this Consolidated Annual Performance and Evaluation Report for 2012 began on March 4, 2013 when copies became ACT.A Page 25 of 183 City of Auburn – 2012 CAPER Page 9 available for distribution. A public notice was published in The Seattle Times on March 4, 2013 announcing the plan was ready for public review and comment. A public hearing was scheduled and advertised for March 18, 2013 at which time the review period ends. Public comments were reviewed by the City of Auburn's City Council. Presentation to the City Council was made on March 18, 2013 for final review and consideration prior to submitting it to HUD on March 31, 2013. Minutes of these meetings, along with any other written comments, are included in the appendix of this CAPER. VI. Public Participation A. Minutes from Council meeting and Resolution of acceptance B. Written comments, if any, received during public review of the C.A.P.E.R. ACT.A Page 26 of 183 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4918 Date: February 28, 2013 Department: Public Works Attachments: Resolution No. 4918 Modified TIP #25 Vicinity Maps Budget Impact: $0 Administrative Recommendation: Planning and Community Development Committee to recommend City Council adopt Resolution No. 4918. Background Summary: The purpose of this Resolution is for the City Council to amend the 2013-2018 Transportation Improvement Program, to add a new project for which the City has received grant funding. Reviewed by Council Committees: Planning And Community Development, Public Works Councilmember:Backus Staff:Webb Meeting Date:March 7, 2013 Item Number:ACT.B AUBURN * MORE THAN YOU IMAGINEDACT.B Page 27 of 183 --------------------------- Resolution No. 4918 February 14, 2013 Page 1 RESOLUTION NO. 4918 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING THE 2013-2018 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM OF THE CITY OF AUBURN PURSUANT TO RCW CHAPTER 35.77 WHEREAS, The City of Auburn was identified by the Washington State Department of Transportation (WSDOT) as a candidate eligible for up to $502,275.00 through the Quick Response Safety Program; and WHEREAS, the City submitted a grant application on December 26, 2012 for Citywide Guardrail Improvements which detailed a proposal to install new guardrail along several corridors to improve safety; and WHEREAS, on February 1, 2013, the City of Auburn was provided notification by the Washington State Department of Transportation that an award in the amount of $502,275.00 was granted based on an application submitted; and WHEREAS, as part of the award, the City is required to add the project to the 2013-2018 Transportation Improvement Program (TIP) and the Washington State Transportation Improvement Program (STIP) in order to be eligible to obligate the awarded funds; and WHEREAS, pursuant to RCW 35.77.010, a public hearing to consider amending the 2013-2018 Transportation Improvement Program for the City of ACT.B Page 28 of 183 --------------------------- Resolution No. 4918 February 14, 2013 Page 2 Auburn was held on March 18, 2012 at the hour of 7:30 p.m. in the Council Chambers of the Auburn City Hall, pursuant to notice published in the legal newspaper of the City of Auburn on March 8, 2012; and WHEREAS, said amendment to the 2013-2018 Transportation Improvement Program of the City of Auburn was approved by the City Council by motion duly made and carried in said hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. There is attached hereto and denominated as Exhibit “A” and the terms of which are incorporated herewith by reference as though fully set forth, a designation of the streets within the corporate limits of the City of Auburn to be improved in the manner therein set forth during the year set for the improvement of such street or streets. Section 2. That the City Engineer of the City of Auburn is hereby directed to forward a certified copy of this Resolution to the Washington State Department of Transportation for filing not more than thirty (30) days after the adoption of this Resolution. Section 3. That the Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. ACT.B Page 29 of 183 --------------------------- Resolution No. 4918 February 14, 2013 Page 3 Section 4. That this Resolution shall take effect and be in full force upon passage and signatures hereon. DATED this ____ day of April, 2013 CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: ______________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _____________________ Daniel B. Heid, City Attorney ACT.B Page 30 of 183 ARTERIAL STREET FUND (102)Capital Facilities Plan Six Year Capital Facilities Plan, 2013-2018 Special Revenue Fund Project Title: Citywide Guardrail Improvements TIP # 25 Project No:cp0912 Project Type:Safety (Non-Capacity) Project Manager:Jacob Sweeting LOS Corridor ID# 36 Budget: 2012YTD Actual20132012 Budget BudgetExpendituresBudgetBalance - - - - - - - - - - - - Activity: (Previous Yrs)2012 YE 2013 Year EndTotal Project Funding Sources:Prior to 2012Estimate2013 Budget2014 BudgetProject TotalCost Unrestricted Street Revenue - - 50,000 - 50,000 50,000 Grants (Fed,State,Local)- - 502,275 - 502,275 502,275 REET - - - - - - Traffic Impact Fees - - - - - - Other Sources - - - - - - - - 552,275 - 552,275 552,275 Capital Expenditures: Design - - 50,000 - 50,000 50,000 Right of Way - - - - - - Construction - - 502,275 - 502,275 502,275 - - 552,275 - 552,275 552,275 TotalExpenditures 20152016201720182013-2018Beyond 2018 Funding Sources: Unrestricted Street Revenue - - - - 50,000 - Grants (Fed,State,Local)- - - - 502,275 - REET - - - - - - Traffic Impact Fees - - - - - - Other Sources - - - - - - - - - - 552,275 - Capital Expenditures: Design - - - - 50,000 - Right of Way - - - - - - Construction - - - - 502,275 - - - - - 552,275 - Grants / Other Sources: Total Expenditures: Budget Amendments Adjusted Budget Total Funding Sources: Total Expenditures: Forecasted Project Cost: Total Funding Sources: Description: The project will install guardrail along the Green River Road SE, R Street SE/Kersey Way SE, and Mountainview Drive SW corridors. Progress Summary: Grant funding for construction was awarded February 1st with no local match requirement. The project will be designed and constructed during 2013. Future Impact on Operating Budget: This project will have no impact on the operating budget for street maintenance. Adopted Budget ACT.B Page 31 of 183 ACT.B Page 32 of 183 ACT.B Page 33 of 183 ACT.B Page 34 of 183 ACT.B Page 35 of 183 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4923, Amendment of SFRB Grant No. RCO #09-1429R for the Fenster Levee Setback Project Date: March 1, 2013 Department: Planning and Development Attachments: Resolution No. 4923 Exhibit A - Amendment to Agreement Budget Impact: $0 Administrative Recommendation: Planning and Community Development Committee to recommend City Council approve Resolution No. 4923. Background Summary: Project Summary The Fenster, Phase 2 project is listed in the City's 2013-2018 Capital Facilities Plan as Project No. CP1016 (Municipal Parks Construction Fund, page 164). The project involves the design, permitting, and construction of riparian, and floodplain restoration with a focus on habitat enhancement for Chinook salmon and other salmonid species listed as Threatened or Endangered under the federal Endangered Species Act. The project will also provide improved floodwater conveyance and storage by ‘setting back' and reconstructing approximately 700 feet of the existing Fenster Levee (revetment) and the associated maintenance access road at the north end of Fenster Nature Park, approximately 250 feet landward of its current location. Project Funding Background The project was initially awarded grant funds in 2009 and 2010, which in combination with $35,000.00 in City of Auburn funds, fully funded the estimated $639,103.00 cost of the project. In late 2011, the City learned that the Fenster Project would need to be designed and constructed to a higher level of flood risk protection than previously assumed due to the number of homes, streets, and infrastructure located in the vicinity of the project. Project design and construction planning to that point had been based on using a design approach similar to that used for the Fenster Phase 1 and Pautzke revetment removal/levee setback projects, which have less homes and infrastructure located in their immediate vicinity. AUBURN * MORE THAN YOU IMAGINEDACT.C Page 36 of 183 The higher level of flood risk protection required for this project necessitates the use of greater quantities of rock and involves a greater amount of excavation and fill than the conceptual design anticipated. As a result, the estimated cost of the project increased from $639,103.00 to between $1,200,000.00 and $1,350,000.00. At the time the City was notified of the higher estimated costs to construct the project, staff suspended further work on design or construction of the project until additional funding could be located to cover the higher costs. As part of the process to secure the additional funding, the City submitted an application for Salmon Recovery Funding Board (SRFB) funds to the Washington State Recreation and Conservation Office (RCO) requesting an additional $327,353.00 for the project. The City received notice on December 10, 2012 that this application was approved. Amendment No. 2 to RCO grant 09-1429R provides the additional $327,353.00 requested for the project. These funds, in combination with a $300,000.00 from a grant awarded by the King County Flood Control District for the project in 2012 (currently also pending City acceptance), would secure the balance of the funding required for the project. The RCO grant amendment requires that the City provide an additional ‘Local Sponsor Match' of $57,768.00. A portion of the $300,000.00 Flood Control District grant would provide the additional match required. The total estimated cost of the project is $1,266,456.00. Other project funding is comprised of the following sources: - Salmon Recovery Fund Board Grant #09-1429 (initial award): $304,103.00 - Puget Sound Acquisition and Restoration Fund Grant: $100,000.00 - King Conservation District Grant: $200,000.00 - King County Contribution: $35,000.00 (in-kind technical services) - City of Auburn: $35,000.00 (Storm Drainage Fund 432) - King County Flood Control District Grant: $300,000.00 *Note: This grant has been awarded and the availability of these funds to the project is pending City Council authorization for execution of the grant agreement. This is scheduled to be considered as Resolution No. 4924 by the Planning and Community Development Committee on March 7, 2013 under a separate agenda item. All estimated expenses and projected revenue associated with the project, including the additional revenue provided by the grant amendment and the additional City matching funds required by the grant amendment have previously been budgeted for by the City. AUBURN * MORE THAN YOU IMAGINEDACT.C Page 37 of 183 Reviewed by Council Committees: Finance Other: Planning, Legal Councilmember:Backus Staff:Andersen Meeting Date:March 7, 2013 Item Number:ACT.C AUBURN * MORE THAN YOU IMAGINEDACT.C Page 38 of 183 ---------------------------- Resolution No. 4923 2.28.13 Page 1 of 3 RESOLUTION NO. 4923 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT 2 TO GRANT AGREEMENT RCO 09-1429R BETWEEN THE CITY OF AUBURN AND THE WASHINGTON STATE RECREATION AND CONSERVATION OFFICE FOR AN INCREASE IN GRANT FUNDING WHEREAS, The City of Auburn was awarded a grant of Three Hundred Four Thousand, One Hundred Three dollars and no cents ($304,103.00) from the Washington State Salmon Recovery Funding Board (SRFB) in 2009 in connection with its Fenster Levee Setback and Floodplain Restoration Project (Phase II) (“Project”); and WHEREAS, Grant Agreement No. 09-1429R between the City of Auburn and the Washington Recreation and Conservation Office (RCO) to provide those funds for the Project was executed on April 15, 2010; and WHEREAS, Amendment No. 1 to Grant Agreement No. 09-1429R increasing the SRFB funds available to the Project to Four Hundred Thousand One Hundred Three dollars and no cents ($404,103.00) was executed by the City of Auburn and RCO on November 22, 2010; and WHEREAS, the City has requested an amendment to the project agreement to account for the City’s unanticipated construction costs, and upon recommendation of the WRIA 9 Forum, the SRFB has agreed to the amendment; and WHEREAS, the amendment will result in Three Hundred Twenty-Seven Thousand Three Hundred Fifty Three dollars and no cents ($327,353.00) in additional Salmon Federal awarded funds to the City for the Project, but will require an additional ACT.C Page 39 of 183 ---------------------------- Resolution No. 4923 2.28.13 Page 2 of 3 sponsor match of Fifty Seven Thousand Seven Hundred Sixty-Eight dollars and no cents ($57,768.00) from the City; and WHEREAS, it is in the public interest for the parties to enter into an agreement to amend the project agreement with RCO. 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 Agreement between the City and the Washington State Recreation and Conservation Office to increase the grant amount, which agreement shall be in substantial conformity with the agreement attached hereto as Exhibit A and incorporated herein by this reference. 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 AS TO FORM: ACT.C Page 40 of 183 ---------------------------- Resolution No. 4923 2.28.13 Page 3 of 3 _________________________ Daniel B. Heid, City Attorney ACT.C Page 41 of 183 ACT.C Page 42 of 183 ACT.C Page 43 of 183 ACT.C Page 44 of 183 ACT.C Page 45 of 183 ACT.C Page 46 of 183 ACT.C Page 47 of 183 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4924 - Acceptance of King County Flood Control District Grant for the Fenster Levee Setback Project Date: March 1, 2013 Department: Planning and Development Attachments: Resolution No. 4924 Exhibit A to Resolution - Agreement Budget Impact: $0 Administrative Recommendation: Planning and Community Development Committee to recommend City Council approve Resolution No. 4924. Background Summary: Project Summary The Fenster, Phase 2 project is listed in the City's 2013-2018 Capital Facilities Plan as Project No. CP1016 (Municipal Parks Construction Fund, page 164). The project involves the design, permitting, and construction of riparian, and floodplain restoration with a focus on habitat enhancement for Chinook salmon and other salmonid species listed as Threatened or Endangered under the federal Endangered Species Act. The project will also provide improved floodwater conveyance and storage by ‘setting back' and reconstructing approximately 700 feet of the existing Fenster Levee (revetment) and the associated maintenance access road at the north end of Fenster Nature Park, approximately 250 feet landward of its current location. Project Funding Background The project was initially awarded grant funds in 2009 and 2010, which in combination with $35,000.00 in City of Auburn funds, fully funded the estimated $639,103.00 cost of the project. In late 2011, the City learned that the Fenster Project would need to be designed and constructed to a higher level of flood risk protection than previously AUBURN * MORE THAN YOU IMAGINEDACT.D Page 48 of 183 assumed due to the number of homes, streets, and infrastructure located in the vicinity of the project. Project design and construction planning to that point had been based on using a design approach similar to that used for the Fenster Phase 1 and Pautzke revetment removal/levee setback projects, which have less homes and infrastructure located in their immediate vicinity. The higher level of flood risk protection required for this project necessitates the use of greater quantities of rock and involves a greater amount of excavation and fill than the conceptual design anticipated. As a result, the estimated cost of the project increased from $639,103.00 to between $1,200,000.00 and $1,350,000.00. At the time the City was notified of the higher estimated costs to construct the project, staff suspended further work on design or construction of the project until additional funding could be located to cover the higher costs. As part of the process to secure the additional funding, the City submitted an application for Cooperative Watershed Management Grant funds to the King County Flood Control District requesting an additional $300,000.00 for the project. The City received notice from King County on October 12, 2012 that this application was approved (King County administers this grant program on behalf of the King County Flood Control District). King County Grant No. 9.12.007 provides the additional $300,000.00 requested for the project. These funds, in combination with an additional $327,353.00 from an amendment to an existing Salmon Recovery Funding Board (SRFB) grant for the project awarded in December 2012 (currently also pending City acceptance), would secure the balance of the funding required for the project. The SRFB grant amendment requires the City to provide an additional ‘Local Sponsor Match' of $57,768.00. A portion of the $300,000.00 from King County Grant No. 9.12.007 would provide the additional match required The total estimated cost of the project is $1,266,456.00. Other project funding is comprised of the following sources: - Salmon Recovery Fund Board Grant #09-1429 (initial award): $304,103.00 - Puget Sound Acquisition and Restoration Fund Grant: $100,000.00 - King Conservation District Grant: $200,000.00 - King County Contribution: $35,000.00 (in-kind technical services) - City of Auburn: $35,000.00 (Storm Drainage Fund 432) - Salmon Recovery Funding Board Grant (Amendment 2): $327,353.00 *Note: This grant amendment has been awarded to the City and the availability of these funds to the project is pending City Council authorization for execution of the grant AUBURN * MORE THAN YOU IMAGINEDACT.D Page 49 of 183 amendment agreement. This is scheduled to be considered as Resolution No. 4923 by the Planning and Community Development Committee on March 7, 2013 under a separate agenda item. All estimated expenses and projected revenue associated with the project, including the additional revenue provided by King County Grant No. 9.12.007 have previously been budgeted for by the City. Reviewed by Council Committees: Finance Other: Legal, Planning Councilmember:Backus Staff:Andersen Meeting Date:March 7, 2013 Item Number:ACT.D AUBURN * MORE THAN YOU IMAGINEDACT.D Page 50 of 183 ---------------------------- Resolution No. 4924 2.28.13 Page 1 of 2 RESOLUTION NO. 4924 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF AUBURN AND KING COUNTY FOR A COOPERATIVE WATERSHED MANAGEMENT GRANT TO BE USED FOR THE CITY’S FENSTER LEVEE SETBACK AND FLOODPLAIN RESTORATION PROJECT (PHASE II) WHEREAS, King County is the service provider to the King County Flood Control District (“District”) under the terms of an interlocal agreement ("ILA") by and between King County and the District, dated February 17, 2009, as amended, and as service provider implements the District's annual work program and budget; and WHEREAS, in accordance with Resolution FCD2012-07.2 authorizing the King County Executive to develop and administer a grant award program, King County has established a grant award program to fund water quality and water resources and habitat restoration and management projects and activities (“Cooperative Watershed Management Award Program”); and, WHEREAS, the District, upon recommendation of the WRIA 9 Forum, has approved the City’s request for Three Hundred Thousand Dollars and no cents ($300,000.00) to be used in the Fenster Levee Setback and Floodplain Restoration Project (Phase II); and WHEREAS, it is in the public interest for the parties to enter into an agreement to amend the project agreement with RCO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: ACT.D Page 51 of 183 ---------------------------- Resolution No. 4924 2.28.13 Page 2 of 2 Section 1. That the Mayor and City Clerk are hereby authorized to execute an Agreement between the City and King County to accept Cooperative Watershed Management Grant Funds, which agreement shall be in substantial conformity with the agreement attached hereto as Exhibit A and incorporated herein by this reference. 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 AS TO FORM: _________________________ Daniel B. Heid, City Attorney ACT.D Page 52 of 183 Page 1 of 16 AWARD NUMBER 9.12.007 AGREEMENT FOR AWARD OF COOPERATIVE WATERSHED MANAGEMENT GRANT FUNDS BETWEEN THE CITY OF AUBURN AND KING COUNTY This Agreement is made between King County, a municipal corporation, and the City of Auburn (referred to herein as “Recipient”), for the purposes set forth herein. This Agreement shall be in effect from the date of execution to December 31, 2015. SECTION 1. RECITALS 1.1 Whereas, the King County Flood Control District (“District”) is a quasi-municipal corporation of the State of Washington, authorized to provide funding for cooperative watershed management arrangements and actions for purposes of water quality, water resource, and habitat protection and management; 1.2 Whereas King County is the service provider to the District under the terms of an interlocal agreement ("ILA") by and between King County and the District, dated February 17, 2009, as amended, and as service provider implements the District's annual work program and budget; 1.3 Whereas, the Board of Supervisors of the District, the District’s governing body, passed Resolution FCD2012-07.2 on May 14, 2012, authorizing the King County executive or his designee to develop and administer a grant award program of up to $3 million in 2012 for water quality and water resources and habitat restoration and management projects and activities allocated in the amounts of $1.2 million for WRIA 8, $1.2 million for WRIA 9, and $600,000 for the Snoqualmie Watershed, provided that the project list is approved by the District executive committee; 1.4 Whereas, in accordance with Resolution FCD2012-07.2 and in its capacity as service provider to the District, King County has established a grant award program to fund water quality and water resources and habitat restoration and management projects and activities (“Cooperative Watershed Management Award Program”); 1.5 Whereas, the Recipient has submitted an application to the WRIA 9 Forum for the Project and the Forum has recommended the Project for funding under the Cooperative Watershed Management Grant Program in accordance with King County’s Cooperative Watershed Management Grant Program Policies and Procedures, a copy of which has been furnished by King County to the Recipient and which are incorporated herein by this reference (“Grant Policies and Procedures”); 1.6 Whereas the District’s Executive Committee has received a list of proposed projects that includes the Project, as described in Exhibit A attached hereto and incorporated herein by this reference, and the Executive Committee has approved the Project for funding up to the amount of $300,000.00; ACT.D Page 53 of 183 Page 2 of 16 1.7 Whereas King County has received a Scope of Work and a Budget for the Project from the Recipient and has determined that the Scope of Work, attached hereto and incorporated herein as Exhibit B (“Scope of Work”), and the Budget, attached hereto and incorporated herein as Exhibit C (“Budget”), are consistent with the Grant Policies and Procedures; 1.8 Whereas, King County and the Recipient desire to enter into this Agreement for the purpose of establishing the terms and conditions under which King County will provide funding from the District in accordance with the Policies and Procedures, and the Recipient will implement the Project. SECTION 2. AGREEMENT 2.1. The Recitals are an integral part of this Agreement and are incorporated herein by this reference. 2.2. King County agrees to award the Recipient an award in the total amount of $300,000.00 from District funds (the Award). The Award shall be used by the Recipient solely for the performance of the Project, as described in Exhibit A of this Agreement. King County shall pay the Recipient in accordance with the Grant Policies and Procedures. 2.3. The Recipient represents and warrants that it will only use the Award for the Scope of Work of this Agreement and in accordance with the Budget Project. The Recipient shall be required to refund to King County that portion of the Award which is used for work or tasks not included in the Scope of Work. Further, the Recipient agrees to return to King County any portion of the Award that is not expended or remains after completion of the Scope of Work. 2.4. Activities carried out for this Project and expenses incurred by the Recipient may predate the execution date of this Agreement provided that 1) they have been identified by Recipient as being within the scopes of nos. 2) and 3) below, and have been approved by the County as being within such scopes; 2) The activities are specified in the Scope of Work of this Agreement; 3) the expenses are incurred in carrying out the Scope of Work and are authorized by this award as identified in the Budget of this Agreement; 4) such activities and expenses otherwise comply with all other terms of this Agreement; and 5) reimbursements shall be paid to the Recipient only after this Agreement has been fully executed. 2.5. The Recipient shall invoice King County for incurred expenses using the Request for Payment form and Progress Report, attached hereto and incorporated herein as Exhibit D, for those documented and allowable expenses identified in the Budget and according to the rules set forth in the Grant Policies and Procedures. A progress report (with or without a request for payment) shall be made no less frequently than every six months after the effective date of this Agreement nor more frequently than every three months ACT.D Page 54 of 183 Page 3 of 16 after the aforementioned date. Advances are allowable only for anticipated expenses to be incurred in the next three months from the date of submission of the Request for Payment for work that is included in the Scope of Work of this Agreement, and identified as such in the Request. Documentation of payments made from advances shall be submitted to King County prior to any further requests for payment. No advances shall exceed 80% of the total Award. The final request for payment shall be submitted with the Final Report described in Section 2.5 of this Agreement and shall be no less than 20% of the Award. 2.6. The Recipient shall be required to submit to King County a final report which documents the Recipient’s completion of the work in conformance with the terms of this Agreement within thirty (30) days after the completion of the work and submit a Close-out Report (Exhibit E of this Agreement). The final report shall, among other things, summarize the project’s successes and shall address the watershed benefits accomplished by the work in a format provided by King County for this purpose as set forth in the Grant Policies and Procedures. 2.7. The Recipient's expenditures of Award funds shall be separately identified in the Recipient's accounting records. If requested, the Recipient shall comply with other reasonable requests made by King County with respect to the manner in which Project expenditures are tracked and accounted for in the Recipient's accounting books and records. The Recipient shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principles further described in Section 2.7 below and to meet the requirements of all applicable state and federal laws. 2.8. The Recipient shall be required to track project expenses using the Budget Accounting and Reporting System for the State of Washington ("BARS") or Generally Accepted Accounting Principles set forth by the Financial Accounting Standards Board or by the Governmental Accounting Standards Board. 2.9. King County or its representative, and the District or its representative shall have the right from time to time, at reasonable intervals, to audit the Recipient's books and records in order to verify compliance with the terms of this Agreement. The Recipient shall cooperate with King County and the District in any such audit. 2.10. The Recipient shall retain all accounting records and project files relating to this Agreement in accordance with criteria established by the Washington State Archivist Local Government Common Records Retention Schedule (CORE) as revised. 2.11. The Recipient shall ensure that all work performed by its employees, agents, contractors or subcontractors is performed in a manner which protects and safeguards the environment and natural resources and which is in compliance with local, state and federal laws and regulations. The Recipient shall implement an appropriate monitoring system or program to ensure compliance with this provision. ACT.D Page 55 of 183 Page 4 of 16 2.12. The Recipient agrees to indemnify, defend and hold harmless King County, and the District, their elected or appointed officials, employees and agents, from all claims, alleged liability, damages, losses to or death of person or damage to property arising out of any acts or omissions of the Recipient, its employees, agents, contractors or subcontractors in performing its obligations under the terms of this Agreement. 2.13. The Recipient agrees to acknowledge the District as a source of funding for this project on all literature, signage or press releases related to said project. SECTION 3. GENERAL PROVISIONS 3.1 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 3.2 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. No prior or contemporaneous representation, inducement, promise or agreement between or among the parties which relate to the subject matter hereof which are not embodied in this Agreement shall be of any force or effect. 3.3 No amendment to this Agreement shall be binding on any of the parties to this Agreement unless such amendment is in writing and is executed by the parties. The parties contemplate that this Agreement may from time to time be modified by written amendment which shall be executed by duly authorized representatives of the parties and attached to this Agreement. 3.4 Each party warrants and represents that such party has full and complete authority to enter into this Agreement and each person executing this Agreement on behalf of a party warrants and represents that he/she has been fully authorized to execute this Agreement on behalf of such party and that such party is bound by the signature of such representative. 3.5 The Project shall be completed by no later than December 31, 2015. In the event that the Project is not completed by this date, King County has the discretion, but not the obligation, to terminate this Agreement and request and receive any unexpended Award funds that may be held by the Recipient. 3.6 This Agreement may be signed in multiple counterparts. 3.7 If any provision of this Agreement or of any other agreement, document or writing pursuant to or in connection with this Agreement, shall be wholly or partially invalid or unenforceable under applicable law, said provision will be ineffective to that extent only, without in any way affecting the remaining parts or provision of said agreement, provided that the remaining provisions continue to effect the purposes of this Agreement. 3.8 The amount of the Award has been fully funded by the District. To the extent that funding of the Award requires future appropriations by the King County Council, King ACT.D Page 56 of 183 Page 5 of 16 County’s obligations are contingent upon the appropriation of sufficient funds by the King County Council to complete the Scope of Work. If no such appropriation is made, this Agreement will terminate at the close of the appropriation year for which the last appropriation that provides funds under this Agreement was made. This document has been approved as to form by the King County Prosecuting Attorney’s Office as of July 15, 2012. KING COUNTY: RECIPIENT: By By Mark Isaacson Name Division Director, Water and Land Resources Division, King County Title Department of Natural Resources and Parks Date Date ACT.D Page 57 of 183 Page 6 of 16 EXHIBIT A: Project Description WRIA APPLICANT PROJECT DESCRIPTION REQUEST MATCH 9 City of Auburn Fenster- Construction Cost Increase This funding will match over $900,000 in SRFB, PSAR, and King Conservation District funds towards the final design and construction of a levee setback along an 800-foot reach of the Green River. This will provide for a larger channel migration zone. $300,000.00 ACT.D Page 58 of 183 Page 7 of 16 EXHIBIT B: SCOPE OF WORK TASK DELIVERABLES DATES SHARE OF AWARD 1. Project management • Contract with King County Water and Land Resources Division through a technical services agreement to develop the final project design, provide construction management services, and obtain plant stock and oversee the native planting elements of the project. • Contract with King County Department of Transportation, Roads Division to construct the levee setback through an interlocal agreement to address the construction services to be provided by the Roads Division. • Manage both agreements and all grants providing funding for the project. • Obtain any temporary construction easements that may be required. Nov 2012 - December 2014 $0 2. Complete final design plans King County WLRD and King County Flood Control District to finalize the structural (earthwork) design elements of the levee setback. April 2013 $30,000 3. Construction earthwork for levee setback Commencement of on-site work (earthwork) associated with removal of the existing revetment and construction of the new revetment. Includes construction management by King County WLRD. Deliverables: Initiation of on-site project mobilization and early construction phase activities, including one or more of the following: • Installation of temporary erosion and sedimentation control (TESC) measures, • On-site staging of equipment and material • Clearing and grubbing • Removal of existing revetment and toe rock June 2013- September 2013 $223,613 5. Complete site revegetation with native plants Prepare a planting plan that will be used to revegetate disturbed areas. Look for opportunities to re-establish native conifer species on the site. Deliverables: • A planting plan that identifies specific species, sizes, quantities, arrangements, and locations for revegetation is scheduled to be completed as part of the permit-ready plan set by December 2012 - April 2014 $21,900 ACT.D Page 59 of 183 Page 8 of 16 • Partner with the Veteran’s Conservation Corps to accomplish the planting, with King County WLRD providing technical oversight. 6. Implement monitoring Post construction monitoring of the project site will be performed for a minimum of three (3) years by the City of Auburn or its contractors. Performance measures will be based on final design and are anticipated to include the following areas and attributes of monitoring: Restoration of natural river processes within project site: • Channel migration (annual GPS/survey); • Large wood recruitment; • Bank erosion (measured as part of annual GPS survey) and an estimation of sediment/gravel recruitment (estimation of volume, by grain size); and • Formation of new off-channel and backwater areas (visual observation, photo documentation) • Stream Characteristics (pre-construction data available) o Bankfull Width (m) o Flood Prone Width (m) o Mean Residual Pool Vertical Profile Area (m2/reach) o Mean Residual Pool Depth (cm) • Channel Constraints (pre-construction data available) o Height of Constraining Feature (m) o Average Channel Capacity (m3) o Channel Constraint Removed (y/n) Maintenance of flood protection on and near project site: • Location/extent of seasonal versus year round surface waters on site (GPS/survey); • Coordinating with the City of Auburn’s Stormwater Utility and Floodplain Management staff and King County Flood Control District to identify whether there are any significant changes in off-site flood conditions or events noted in the vicinity of the project; and • As part of the project design, the incremental December 2014, December 2015, and December 2016 $20,000 ACT.D Page 60 of 183 Page 9 of 16 volumetric flood storage contribution of the levee setback and reconnected floodplain area will be calculated and reported. Post construction monitoring will include estimating flows and/or volumes of seasonal, year round, peak flow, and low flow- associated surface waters on the site. Vegetation and habitat on project site: • Planted native species survival, diversity, and areal canopy coverage • Establishment of native volunteers (by species and extent, based on count of individuals and/or estimated areal canopy coverage) • Presence of invasive non-native plant species (by species and extent, based on count of individuals and/or estimated areal canopy coverage) • Site will be monitored for the maintenance of project habitat features (i.e. large wood assemblages) as well as the formation of new habitat features and areas as the result of natural river processes over time. • Monitoring will assess biotic elements associated with in-stream and riparian habitat function, including assessing benthic invertebrate presence and the re- establishment of native riparian and over- water tree and shrub canopy. 9 Acknowledge the King County Flood Control District funding in signage, and any pertinent publication in electronic or printed form as provided in the Grant Policies and Procedures A list of how and where acknowledgement was made June 2014 $4,487 10 Prepare final report in the format described in Exhibit F of this Agreement Final report June 2014 $0 ACT.D Page 61 of 183 Page 10 of 16 EXHIBIT C: BUDGET Item Description Award Share Match Match source Plans and Specifications Design King County Water and Land Resources $18,000.00 Construction Engineering King County Water and Land Resources $12,000.00 Total Plans and Specifications $30,000.00 $150,000.00 • Salmon Recovery Funding Board: $87,096 • King Conservation District grant: $37,552; • Puget Sound Acquisition and Restoration Fund : $18,780 • City of Auburn: $6,572 Construction Setback Trench Cut (re-used) King County Roads 26,200.00 CY @ $14.00/CY $157,940.00 Rip Rap (matl, delivery and placement) King County Roads 1,200 CY @ $73.10/CY $21,490.00 Planting City, Veteran’s Conservation Corps, and/or private contractor $20,000 (lump sum) $20,000.00 Signage: Sign material, creation of sign faces, mounting, labor, and sales tax for project signage; plus approximately 20 perimeter signs (including two larger entry signs at 2nd St SE and 4th St SE) and at least three interpretive signs. Cost is an estimate. Vendor/contractor(s) to be determined $4,098.00 Construction Management King County Water and Land Resources $15,000.00 Subtotal Construction $ 218,528.00 Sales Tax @ 9.5% $20,760.16 Sub $239,288.16 Contingency (appx. 8.4% of total contingency allocation of ($852,120) $10,711.44 Total Construction $249,999.60 $729,955.00 • SRFB #12-1444: $503,203 • KCD grant: $135,379 • PSAR: $67,682 • City of Auburn $23,691 Implementation monitoring Site monitoring (Contractor to be determined) $20,000.00 Total Implementation monitoring $20,000.00 Other GRAND TOTAL $300,000.00 $879,955.00 ACT.D Page 62 of 183 Page 11 of 16 EXHIBIT D: REQUEST FOR PAYMENT AND PROGRESS REPORT Water and Land Resources Division River and Floodplain Management Section King County Cooperative Watershed Management Grant Payment Request Date Request number Recipient Name City of Auburn Contact Name Phone Address 1 Address 2 City, State, Zip Code Request # Dates (beginning & end date for this claim) Instructions: Complete this spreadsheet and attach your financial / accounting system reports to document all expenses PROJECT NAME Fenster-Construction Cost Increase AWARD # 9.12.007 Budget Line Item (From Exhibit B Budget) Budgeted Current Request Amount of all Previous Requests Balance Remaining $ - $ - $ - $ - $ - $ - $ - $ - $ - TOTALS: $ - $ - $ - $ - Amount from Current Request above requested as an advance EXPLANATION: ACT.D Page 63 of 183 Page 12 of 16 Water and Land Resources Division River and Floodplain Management Section COOPERATIVE WATERSHED MANAGEMENT GRANT PROGRESS REPORT Date 01/00/00 PROJECT Fenster-Construction Cost Increase AWARD NUMBER 9.12.007 Recipient Name 0 Contact Name 0 Phone 0 Address 1 0 Address 2 0 City, State, Zip Code 0 Request # 0 Dates (beginning & end date for this claim) 0 SCOPE OF WORK ITEM DELIVERABLES: Progress / Status/percentage completed (note approximate or actual dates) 1) 2) ACT.D Page 64 of 183 Page 13 of 16 3) 4) 5) Add more pages if necessary Please mail or e-mail all documents to: Katrina Johnston Water and Land Resources Division Department of Natural Resources and Parks KSC-NR-0600 201 South Jackson Street, Suite 600 Seattle, WA 98104-3855 Phone: 206-263-0478 Fax: 206-205-5134 Email: katrina.johnston@kingcounty.gov ACT.D Page 65 of 183 Page 14 of 16 EXHIBIT E CLOSE-OUT REPORT Recipient City of Auburn AWARD # 9.12.007 Project title Fenster-Construction Cost Increase Project start and end dates Total award $ Total spent $ Amount due at close-out $ Total unspent $ Submit the following: PROGRAMMATIC CLOSE-OUT Checklist Previously Submitted Attached 1. Letter(s) of commitment from key partners 2. Final report documenting the successful completion of the project according to the exhibit A: Scope of Work & timeline in your agreement. 3. Documentation of measurement methods and timelines and any results to date. FOLLOWING ITEMS TO BE INCLUDED AS APPLICABLE KCFCD acknowledge- ment 4. Selection of outreach materials, such as: handouts, brochures, posters, newspaper clippings, press releases, and web page screen hard copies 5. Copies of selected printed materials, created for the project or about it, &/or other items that illustrate the successful completion of the project 6. Selected copies of pictures, film, video, PowerPoint presentation in CD, DVD, email &/or documentation presenting your project, if applicable FINANCIAL CLOSE-OUT 7. Attach receipts &/or auditable accounting detail (may include: ledger-based copies, cancel checks, & payroll records) 8. Documentation of cash and in-kind match CONTINUED ACT.D Page 66 of 183 Page 15 of 16 King County Cooperative Watershed Management Fiscal Close-Out Date Recipient Name City of Auburn PROJECT NAME Fenster-Construction Cost Increase AWARD # 9.12.007 AWARD Budget Line Item (From Exhibit B Budget) Budgeted Amount of all Previous Requests Balance Forfeited $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - TOTALS: $ - $ - $ - MATCH Item Budgeted Actual Balance Source $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - NOTES CONTINUED ACT.D Page 67 of 183 Page 16 of 16 PROVISIONS By signing this Financial CLOSEOUT, I ______________________, an authorized representative of the above named award recipient (RECIPIENT), confirm that I have examined the information contained herein and that, to the best of my knowledge, it is a true and accurate account of all the financial expenses and in-kind contributions incurred by the above named project in the course of fulfilling the conditions of the AGREEMENT between RECIPIENT and King County (COUNTY). I hereby acknowledge that there are no further expenses associated with this project, nor any pending or future claims to the COUNTY and that the COUNTY is not liable for any expenses not documented in Attachment B (Budget) of the AGREEMENT. I understand that the RECIPIENT is fully bound by the provisions of the AGREEMENT including, but not limited to, the return of COUNTY funds that are unspent or whose spending is unsubstantiated according to the terms of the AGREEMENT and the right to examine records. I further understand that the COUNTY, upon examining the financial close-out and the final report submitted by the RECIPIENT will determine the amount of the balance due to the RECIPIENT. SIGNED_____________________________________________________ DATE ____________ Approved for Close-Out Not approved for close-out EXAMINER SIGNATURE: _________________________ DATE: ______________ Notes: END OF EXHIBIT E ACT.D Page 68 of 183 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4922 – 4Culture Grant Acceptance Date: February 28, 2013 Department: Planning and Development Attachments: Resolution No. 4922 Exhibit A - Contract Budget Impact: $0 Administrative Recommendation: Planning and Community Development Committee to recommend City Council approve of Resolution No. 4922. Background Summary: In partnership with King County Historic Preservation, 4Culture has introduced a new grant opportunity for historic preservation related activities that is only available to Interlocal Agreement Cities (Auburn became an Interlocal Agreement City in 1995). To apply, communities must have a signed interlocal agreement for historic preservation services with the King County Historic Preservation Program, must have a current Special Commission member and assigned city staff, and must have attended a special 4Culture workshop in 2012. Auburn meets all of the requirements and was eligible to apply. The City submitted the grant application to prepare a Landmark Designation application for the Japanese American Pioneer Cemetery by the October 10, 2012 deadline and was notified November 15, 2012 that the City was awarded a $3,500 grant. The contract was received from 4Culture in February 2013. Staff anticipates beginning the project April 2013 and completion must be completed by the end of 2013. Reviewed by Council Committees: Finance Other: Planning, Parks, Legal Councilmember:Backus Staff:Chamberlain Meeting Date:March 7, 2013 Item Number:ACT.E AUBURN * MORE THAN YOU IMAGINEDACT.E Page 69 of 183 _______________________ Resolution No. 4922 February 28, 2013 Page 1 of 2 RESOLUTION NO. 4 9 2 2 A RESOLUTION OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE ACCEPTANCE OF A GRANT FROM 4CULTURE AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE NECESSARY CONTRACTS TO ACCEPT SAID FUNDS WHEREAS, the City of Auburn submitted an application to 4Culture for a historic preservation grant to prepare a historic landmark designation application for the Pioneer Cemetery; and WHEREAS, the City has been advised that is has been approved to receive a grant from 4Culture in the amount of Three Thousand Five Hundred and No/100s Dollars ($3,500.00); and WHEREAS, acceptance of the grant will benefit the citizens of Auburn. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN HEREBY RESOLVES as follows: Section 1. Acceptance of Grant and Authorization of Contract. The City Council hereby accepts 4Culture’s Interlocal Cities Funding Program 2013 grant in the amount of Three Thousand Five Hundred and No/100s Dollars ($3,500.00), and authorizes the Mayor and City Clerk to execute the Contract with 4Culture in substantial conformity with the Contract marked as “Exhibit A” attached hereto and incorporated herein by this reference. Section 2. Implementation. That the Mayor is further authorized to implement such administrative procedures as may be necessary to carry out the directives of this ACT.E Page 70 of 183 _______________________ Resolution No. 4922 February 28, 2013 Page 2 of 2 legislation, including assuring that the grant fund appropriation is included in the appropriate budget documents of the City. 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 MAYOR ATTEST: _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney ACT.E Page 71 of 183 AG SVC 2013 Page 1 of 7 Agreement No. 113003P Contractor's Federal Taxpayer ID No. (last 4 digits) Contractor City of Auburn Project Title: Japanese American Pioneer Cemetery – City of Auburn Landmark Registration Contract Amount: $ 3,500.00 Fund Source: CP – Preservation Special Projects Contract Period From: 01/01/2013 To: 12/31/2013 AGENCY SERVICES CONTRACT 2013 THIS CONTRACT is entered into by the CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY (“4Culture”), whose address is 101 Prefontaine Place South, Seattle, WA 98104-2672 and telephone number is (206) 296-7580 and the City of Auburn, (the "Contractor"), whose address is 25 W Main Street, Auburn, W A 98001 and telephone number is (253) 931-3090. Contractor is an arts, cultural or historical organization, public agency, or specialist qualified to receive funds pursuant to King County Code Sections 2.48 and 4.42 and RCW 67.28.180 and as hereinafter may be amended. The 4Culture Board of Directors approved providing funds for this project by Motion No. 2013-08. 4Culture desires to provide funds with which the Contractor shall render certain services to King County citizens. Such services are for the benefit of cultural programs and are consistant with those defined in RCW 67.28.180 (“Public Benefit Services”). 4Culture is organized pursuant to King County Ordinance 14482 and RCW 35.21.730, et seq. RCW 35.21.750 provides as follows: "[All] liabilities incurred by such public corporation, commission, or authority shall be satisfied exclusively from the assets and properties of such public corporation, commission or authority and no creditor or other person shall have any right of action against the city, town, or county creating such corporation, commission, or authority on account of any debts, obligations, or liabilities of such public corporation, commission, or authority." The legislative authority of 4Culture has found and declared that providing funds to Contractor to reimburse Project costs in consideration of services provided hereunder constitutes a public purpose with the meaning of Article VII, Section 1 of the Washington State Constitution for which public funds may properly be expended or advanced. NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: ACT.E Page 72 of 183 AG SVC 2013 Page 2 of 7 I. SCOPE OF SERVICES A. The Contractor shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits which are incorporated herein by reference: Specific Scope of Services & Reimbursement Schedule Attached hereto as Exhibit A Project Proposal and Budget Attached hereto as Exhibit B Insurance Requirements Attached hereto as Exhibit C Personnel Inventory (K.C.C 12.16.060A)( In combination with other agreements, in excess of $25,000 in a calendar year) Attached hereto as Exhibit D Affidavit and Certificate of Compliance (K.C.C 12.16.060B) (for Agreements in excess of $25,000) Attached hereto as Exhibit E Disability Assurance of Compliance/Section 504 (KCC 12.16.060D) [ORGANIZATIONS ONLY] Attached hereto as Exhibit F B. Purchase of Services. Funds awarded under this Agreement shall be used solely to reimburse the Contractor for expenses incurred expressly and solely in accordance with the Project Proposal and Budget and/or the Specific Scope of Services attached. Any amendment or modification to the Project Proposal and Budget or the Specific Scope of Services and Payment Schedule must be approved in writing by 4Culture. The work described generally by the Project Proposal and Budget and more specifically by the Specific Scope of Services shall hereinafter be referred to as the “Project”. C. In addition to performing the Project, Contractor shall provide any Public Benefit Provisions that may be specified in the Specific Scope of Services attached. D. Contractor agrees to acknowledge 4Culture support in all marketing and promotional materials during the period this contract is in force: E. The Contractor agrees to notify 4Culture in advance of any public Project activities, including but not limited to ground breaking events, dedications, and other public programs. II. DURATION OF CONTRACT This Agreement shall commence on January 1, 2013 and shall terminate on December 31, 2013. This Agreement, however, may be terminated earlier as provided in Section IV hereof. III. COMPENSATION AND METHOD OF PAYMENT A. 4Culture shall reimburse the Contractor for its actual and authorized expenditures incurred in satisfactorily completing the Specific Scope of Services attached and otherwise fulfilling all requirements specified in this contract in an aggregate amount not to exceed $3,500.00. Approved logos are available for download in a variety of formats at http://www.4Culture/manageaward/index.htm ACT.E Page 73 of 183 AG SVC 2013 Page 3 of 7 B. Contractor may apply to 4Culture for reimbursement upon completion of specified phases as detailed in the Specific Scope of Services and Reimbursement Schedule attached to this contract. C. Contractor shall submit an invoice and all accompanying reports in the forms attached hereto as “EXHIBITS”, not more than 30 days after the completion of each specified phase identified in the Specific Scope of Services and Reimbursement Schedule. 4Culture will initiate authorization for payment after approval of corrected invoices and reports. 4Culture shall make payment to the Agency not more than 60 days after the appropriate invoice is received. D. Contractor shall submit its final invoice and all outstanding reports within 30 days of the date this Agreement terminates. If the Agency’s final invoice and reports are not submitted by the day specified in this subsection, 4Culture will be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice E. If the Contractor fails to comply with any terms or conditions of this contract or to provide in any manner the work or services agreed to herein, 4Culture may withhold any payment to the Contractor until 4Culture is satisfied that corrective action, as specified by 4Culture, has been completed. This right is in addition to and not in lieu of 4Culture’s right to terminate this contract as provided in Section IV, any other rights of4Culture under this Agreement and any other right or remedy available to4Culture at law or in equity. IV. TERMINATION OF AGREEMENT A. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement or if the Contractor shall violate any of its covenants, agreements or stipulations of this Agreement, 4Culture may terminate this Agreement and withhold the remaining allocation. Prior to so terminating this Agreement, 4Culture shall submit written notice to the Contractor describing such default or violation. 4Culture shall not so terminate this Agreement if 4Culture determines that Contractor has, within twenty (20) days of the date of such notice, fully corrected such default or violation. V. MAINTENANCE OF RECORDS A. The Contractor shall maintain accounts and records, including personnel, property, financial, insurance and programmatic records and other such records as may be deemed necessary by 4Culture to ensure proper accounting for all contract funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and services provided in the performance of this Agreement. B. These records shall be maintained for a period of six (6) years after termination of this Agreement unless a longer retention period is required by law. ACT.E Page 74 of 183 AG SVC 2013 Page 4 of 7 VI. AUDITS AND EVALUATIONS A. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by 4Culture and/or federal/state officials so authorized by law during the performance of this Agreement and six (6) years after termination hereof. B. The Contractor shall provide right of access to its facilities, including by any subcontractor to 4Culture, the King County, state and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Agreement. 4Culture will give advance notice to the Contractor in the case of fiscal audits to be conducted by 4Culture. C. The Contractor agrees to cooperate with 4Culture in the evaluation of the Contractor's performance under this contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17 (Public Records Act). VII. PROPRIETARY RIGHTS If any patentable or copyrightable material or article should result from the Project, all rights accruing from such material or article shall be the sole property of Contractor. Contractor agrees to and does hereby grant to 4Culture, an irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Agreement. The foregoing license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of Contractor which are modified for use in the performance of this Agreement. VIII. FUTURE SUPPORT 4Culture makes no commitment to support the services contracted for herein nor guarantee regarding the success of the services and assumes no obligation for future support of the Project except as expressly set forth in this Agreement. IX. HOLD HARMLESS AND INDEMNIFICATION A. In providing services under this Agreement, the Contractor is an independent contractor, and shall determine the means of accomplishing the results contemplated by this Agreement. Neither the Contractor nor its officers, agents or employees are employees of 4Culture for any purpose. The Contractor shall comply with all applicable federal and state laws and regulations regarding employment, minimum wages and hours, and discrimination in employment. The Contractor is responsible for determining the compensation of its employees, for payment of such compensation, and for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services. The Contractor and its officers, agents, and employees shall make no claim of career service or civil service rights which may accrue to a 4Culture employee under state or local law. 4Culture assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Contractor, its employees and/or others by reason of this Agreement. To the extent allowed by law, the Contractor shall protect, defend, indemnify and save harmless 4Culture and its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes; (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Agreement. The Contractor shall also defend, indemnify, and save harmless 4Culture, and its officers, agents, and employees, from and against any and all claims made by Contractor’s employees arising from their employment with Contractor. ACT.E Page 75 of 183 AG SVC 2013 Page 5 of 7 B. To the full extent provided by applicable law, the Contractor shall protect, defend, indemnify, and save harmless 4Culture its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of or in any way resulting from the acts or omissions of the Contractor, its officers, employees, and/or agents, except to the extent resulting from 4Culture’s sole negligence. If this Agreement is a “a covenant, promise, agreement or understanding in, or in connection with or collateral to, a contract or agreement relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate” within the meaning of RCW 4.24.225, the Contractor shall so protect, defend, indemnify, and save harmless 4Culture, its officers, employees, and agents only to the extent of the Contractor’s, its officers’, employees’, and/or agents' negligence. The Contractor agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by or on behalf of any employees, or agents. In the event 4Culture incurs any judgment, award and/or cost arising there from including attorneys’ fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. Claims shall include, but are not limited to, assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright. X. INSURANCE REQUIREMENTS The Contractor shall procure and maintain for the duration of this Agreement insurance as described on the Exhibit labeled as Insurance Requirements attached here to. XI. CONFLICT OF INTEREST Chapter 42.23 RCW (Code Of Ethics For Municipal Officers--Contract Interests) is incorporated by reference as if fully set forth herein and the Contractor agrees to abide by all the conditions of said Chapter. Failure by the Contractor to comply with any requirements of such Chapter shall be a material breach of contract. In addition, Contractor represents, warrants and covenants that no officer, employee, or agent of 4Culture who exercises any functions or responsibilities in connection with the planning and implementation of the Specific Scope of Contract Services funded herein, has or shall have any beneficial interest, directly or indirectly, in this contract. The Contractor further represents, warrants and covenants neither it nor any other person beneficially interested in this Agreement has offered to give or given any such officer, employee, or agent of 4Culture, directly or indirectly, any compensation, gratuity or reward in connection with this Agreement. The Contractor shall take all appropriate steps to assure compliance with this provision. ACT.E Page 76 of 183 AG SVC 2013 Page 6 of 7 XII. NONDISCRIMINATION During the performance of this Agreement, Contractor shall comply with state, federal and local legislation requiring nondiscrimination in employment and the provision of services to the public, including, but not limited to: Title VI of the Civil Rights Act of 1964; chapter 49.60 RCW (the Washington state law against discrimination); K.C.C. chapter 12.16 regarding discrimination and affirmative action in employment by contractors, subcontractors and vendors; K.C.C. chapter 12.17 prohibiting discrimination in contracting; K.C.C. chapter 12.18 requiring fair employment practices; K.C.C. chapter and 12.22 prohibiting discrimination in places of public accommodation. The Contractor shall maintain, until 12 months after completion of all work under this contract, all written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate in this Agreement. The Contractor shall make such documents available to 4Culture for inspection and copying upon request. XIII. NOTICES Whenever this Agreement provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive officer of Contractor and the Executive Director of 4Culture at the addresses first written above. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. XIV. GENERAL PROVISIONS No modification or amendment to this Agreement shall be valid unless made in writing and signed by the parties hereto. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 4Culture's failure to insist upon the strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this Agreement are declared severable. The parties agree that this Agreement is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Agreement. XV. ATTORNEYS' FEES; EXPENSES Contractor agrees to pay upon demand all of 4Culture's costs and expenses, including attorneys' fees and 4Culture's legal expenses, incurred in connection with the enforcement of this Agreement. 4Culture may pay someone else to help enforce this Agreement, and Contractor shall pay the costs and expenses of such enforcement. Costs and expenses include 4Culture's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (and including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Contractor also shall pay all court costs and such additional fees as may be directed by the court. ACT.E Page 77 of 183 AG SVC 2013 Page 7 of 7 XVI. SURVIVAL The terms and conditions of Sections III, V, VI, VII, VIII, IX, XI, XII, XIII, XIV and XV shall survive the termination of this Agreement and shall be continuing obligations of the parties. 4CULTURE: CONTRACTOR: 4Culture-CDA Executive Director Signature Date Name (Please type or print) Title (Please type or print) Date ACT.E Page 78 of 183 City of Auburn Page 1 of 2                ACT.E Page 79 of 183 City of Auburn Page 2 of 2   ACT.E Page 80 of 183 ACT.E Page 81 of 183 ACT.E Page 82 of 183 ACT.E Page 83 of 183 ACT.E Page 84 of 183 ACT.E Page 85 of 183 ACT.E Page 86 of 183 ACT.E Page 87 of 183 ACT.E Page 88 of 183 ACT.E Page 89 of 183 EXHIBIT C INSURANCE REQUIREMENTS Contractor shall procure, at its sole cost and expense, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with the performance of work hereunder by the Contractor, his agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Contractor or subcontractors. For All Coverages: Each insurance policy shall be written on an "Occurrence" form. 1. Minimum Scope of Insurance needed for this contract is as follows: Commercial General Liability Insurance Services Office form number (CG 00 01 Ed. 11-88)—Minimum Combined Single Limit of $1,000,000 BI & PD with a General Aggregate per project Automobile Liability Covering all owned and non-owned and hired automobiles – Combined Single Limit of $1,000,000 BI & PD 2. Deductibles and Self Insured Retentions. Any deductibles or self-insured retentions must be declared to, and approved by, 4Culture. The deductible and/or self-insured retention of the policies shall not apply to the Contractor's liability to 4Culture and shall be the sole responsibility of the Contractor. 3. Other Insurance Provisions A. The insurance policies are to contain, or be endorsed to contain, the following provisions: (a) General Liability Policies (1) 4Culture, its officers, employees and agents are to be covered as primary additional insureds as respects liability arising out of activities performed by or on behalf of the Contractor in connection with this Agreement. (2) To the extent of the Contractor's negligence, the Contractor's insurance coverage shall be primary insurance as respects 4Culture, its officers, employees, and agents. Any insurance and/or self-insurance maintained by 4Culture, its officers, employees, or agents shall not contribute with the Contractor's insurance or benefit the Contractor in any way. (3) The Contractor's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. (b) All Policies (1) Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except as reduced in aggregate by paid claims, at any point during the life of this contract. No material change, or cancellation or nonrenewal of any policy required by this contract shall occur without thirty (30) days’ prior written notice to 4Culture. 4. Acceptability of Insurers Unless otherwise approved in writing by 4Culture, insurance is to be placed with insurers with a Best's rating of no less than A:VIII, or, if not rated with Best's, with minimum surpluses the equivalent of Bests' surplus size VIII. 5. Verification of Coverage 4Culture, reserves the right to request that contractor submit the certificate(s) of insurance evidencing compliance with all requirements set forth above. ACT.E Page 90 of 183 AGENDA BILL APPROVAL FORM Agenda Subject: NPDES II Annual Report Date: February 26, 2013 Department: Public Works Attachments: Memo Resolution No. 4908 City of Auburn 2012 Annual Report 2013 Auburn Stormwater Management Plan - Final Draft Budget Impact: $0 Administrative Recommendation: For discussion only. Background Summary: See attached memorandum. Reviewed by Council Committees: Public Works Councilmember:Backus Staff:Carlaw/Thorn Meeting Date:March 7, 2013 Item Number:DI.A AUBURN * MORE THAN YOU IMAGINEDDI.A Page 91 of 183 Page 1 of 1 Interoffice Memorandum To: Mayor Lewis City Council Members From: Chris Thorn, Water Quality Programs Coordinator Tim Carlaw, Storm Drainage Engineer Date: March 4, 2013 Re: Stormwater Management Program Update for 2013 The Stormwater Management Program (SWMP) details how the City intends to implement the requirements of the Western Washington Phase II Municipal Stormwater Permit (Permit) issued by the Washington State Department of Ecology. The City is required to update the SWMP annually. The Permit requires that the public be able to participate in the update of the SWMP. A public review and comment period for Auburn’s SWMP will begin on March 4th, and will close with a public hearing at the March 18th City Council meeting. The City is required to submit an Annual Report summarizing Permit compliance and stormwater related information to the Department of Ecology by March 31st of each year. The 2013 SWMP is a required attachment to the 2012 Annual Report. A resolution to approve the SWMP will be forwarded through committees for adoption by the City Council at the March 18th Council meeting. The following schedule outlines our plan to comply with the SWMP / Annual Report submittal deadline. March 4 Begin public review and comment period on City’s SWMP March 4 Public Works Committee discussion of City’s NPDES compliance program March 11 Planning and Community Development Committee approves SWMP and reviews Annual Report March 18 Public Works Committee approves SWMP and reviews Annual Report March 18 Public hearing at Council meeting to end public comment period, City Council approves SWMP and authorizes the Mayor to include a copy with the Annual Report March 19-22 Mayor to sign Annual Report March 31 Annual Report and SWMP due no later than date If you have any questions, please feel free to give Chris Thorn a call at (253) 804-5065. DI.A Page 92 of 183 ----------------------------- Resolution No. 4908 February 7, 2013 Page 1 of 3 RESOLUTION NO. 4908 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE 2013 STORMWATER MANAGEMENT PROGRAM AND AUTHORIZING THE MAYOR TO INCLUDE A COPY OF THE PROGRAM IN THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM WESTERN WASHINGTON PHASE II MUNICIPAL STORMWATER PERMIT ANNUAL REPORT FOR 2012 TO THE WASHINGTON STATE DEPARTMENT OF ECOLOGY WHEREAS, The Washington State Department of Ecology issued a National Pollutant Discharge Elimination System Western Washington Phase II Municipal Stormwater Permit that regulates the discharge of stormwater from municipal stormwater systems; and WHEREAS, the City operates a municipal stormwater system and is regulated under the National Pollutant Discharge Elimination System Western Washington Phase II Municipal Stormwater Permit; and WHEREAS, the National Pollutant Discharge Elimination System Western Washington Phase II Municipal Stormwater Permit requires development and implementation of a Stormwater Management Program; and WHEREAS, the Stormwater Management Program is required to be updated annually; WHEREAS, the National Pollutant Discharge Elimination System Western Washington Phase II Municipal Stormwater Permit requires submittal of an Annual Report which is to include a copy of the updated Stormwater Management Program. DI.A Page 93 of 183 ----------------------------- Resolution No. 4908 February 7, 2013 Page 2 of 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the updated Stormwater Management Program is approved for implementation in the City of Auburn in substantial conformity with the copy of the Program attached hereto, marked as Exhibit “A” and incorporated herein by this reference. Section 2. That the Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation, including submitting a copy of the Program with the City’s Annual Report to the Department of Ecology. 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 AS TO FORM: _____________________ Daniel B. Heid, DI.A Page 94 of 183 ----------------------------- Resolution No. 4908 February 7, 2013 Page 3 of 3 City Attorney DI.A Page 95 of 183 DI.A Page 96 of 183 DI.A Page 97 of 183 DI.A Page 98 of 183 DI.A Page 99 of 183 DI.A Page 100 of 183 DI.A Page 101 of 183 DI.A Page 102 of 183 DI.A Page 103 of 183 DI.A Page 104 of 183 DI.A Page 105 of 183 DI.A Page 106 of 183 DI.A Page 107 of 183 DI.A Page 108 of 183 DI.A Page 109 of 183 DI.A Page 110 of 183 DI.A Page 111 of 183 DI.A Page 112 of 183 DI.A Page 113 of 183 DI.A Page 114 of 183 DI.A Page 115 of 183 DI.A Page 116 of 183 DI.A Page 117 of 183 Resolution No. 4908 Exhibit “A” CITY OF AUBURN 2013 STORMWATER MANAGEMENT PROGRAM City of Auburn, WA March 2013 DI.A Page 118 of 183 Table of Contents City of Auburn Compliance Strategy and Work Plan ii H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\Swmps\2013 SWMP\2013 Auburn SWMP Final Draft.Docx TABLE OF CONTENTS 1. INTRODUCTION........................................................................................................................................................ 1 1.1 Overview .......................................................................................................................................................... 1 1.2 Regulatory Background ................................................................................................................................... 1 1.3 City of Auburn Regulated Area ........................................................................................................................ 2 1.4 Total Maximum Daily Load (TMDL) Compliance ............................................................................................. 2 1.5 SWMP Implementation Responsibilities .......................................................................................................... 2 1.6 Document Organization ................................................................................................................................... 3 2. STORMWATER MANAGEMENT PROGRAM ADMINISTRATION ........................................................................... 1 2.1 Permit Requirements ....................................................................................................................................... 1 2.2 Current Compliance Activities .......................................................................................................................... 1 2.3 Planned 2013 Compliance Activities ................................................................................................................ 2 3. PUBLIC EDUCATION AND OUTREACH .................................................................................................................. 1 3.1 Permit Requirements ....................................................................................................................................... 1 3.2 Current Compliance Activities .......................................................................................................................... 1 3.3 Planned 2013 Compliance Activities ................................................................................................................ 2 4. PUBLIC INVOLVEMENT ........................................................................................................................................... 1 4.1 Permit Requirements ....................................................................................................................................... 1 4.2 Current Compliance Activities .......................................................................................................................... 1 4.3 Planned 2013 Compliance Activities ................................................................................................................ 1 5. ILLICIT DISCHARGE DETECTION AND ELIMINATION ........................................................................................... 1 5.1 Permit Requirements ....................................................................................................................................... 1 5.2 Current Compliance Activities .......................................................................................................................... 1 5.3 Planned 2013 Compliance Activities ................................................................................................................ 2 6. CONTROLLING RUNOFF FROM NEW DEVELOPMENT, REDEVELOPMENT, AND CONSTRUCTION SITES .... 1 6.1 Permit Requirements ....................................................................................................................................... 1 6.2 Current Compliance Activities .......................................................................................................................... 1 6.3 Planned 2013 Compliance Activities ................................................................................................................ 2 7. POLLUTION PREVENTION AND OPERATION AND MAINTENANCE FOR MUNICIPAL OPERATIONS ............... 1 7.1 Permit Requirements ....................................................................................................................................... 1 7.2 Current Compliance Activities .......................................................................................................................... 1 7.3 Planned 2013 Compliance Activities ................................................................................................................ 2 8. MONITORING ............................................................................................................................................................ 1 8.1 Permit Requirements ....................................................................................................................................... 1 8.2 Current Compliance Activities .......................................................................................................................... 1 8.3 Planned 2013 Compliance Activities ................................................................................................................ 1 APPENDIX A ............................................................................................................................................................. A-1 Acronyms and Definitions ..................................................................................................................................... A-1 DI.A Page 119 of 183 iii H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2013 SWMP\2013 Auburn SWMP Final Draft.docx LIST OF TABLES Table 2-1. 2013 Stormwater Management Administration Program Work Plan ……………………………..………2-2 Table 3-1. 2013 Public Education and Outreach Work Plan ……………………………..…………………………….3-2 Table 4-1. 2013 Public Involvement Work Plan…………………………..………………………………………. …….4-2 Table 5-1. 2013 Illicit Discharge Detection and Elimination Work Plan ……………………………………………….5-2 Table 6-1. 2013 Controlling Runoff from Development, Redevelopment, and Construction Sites Work Plan……6-2 Table 7-1. 2013 Pollution Prevention and Operations and Maintenance Work Plan………………………………..7-2 Table 8-1. 2013 Water Quality Monitoring Work Plan…………………………………………………………………..8-2 DI.A Page 120 of 183 1 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2013 SWMP\2013 Auburn SWMP Final Draft.docx CITY OF AUBURN 2013 STORMWATER MANAGEMENT PROGRAM 1. INTRODUCTION 1.1 Overview This document presents the City of Auburn’s Stormwater Management Program (SWMP). Preparation and maintenance of this SWMP is required by the Washington State Department of Ecology (Ecology) as a condition of the Western Washington Phase II Municipal Stormwater Permit (the Phase II Permit). The Phase II permit covers discharges from regulated small municipal separate storm sewer systems (MS4s). The permit to discharge stormwater is designed to reduce the discharge of pollutants, protect water quality, and meet the requirements of the federal Clean Water Act. Appendix A includes acronyms and definitions from the Permit to help the reader understand the City’s Stormwater Management Program. 1.2 Regulatory Background The National Pollutant Discharge Elimination System (NPDES) permit program is a requirement of the federal Clean Water Act, which is intended to protect and restore waters for “fishable, swimmable” uses. The federal Environmental Protection Agency (EPA) has delegated permit authority to state environmental agencies, and these agencies can set permit conditions in accordance with and in addition to the minimum federal requirements. In Washington, the NPDES-delegated permit authority is the Washington State Department of Ecology (Ecology). In Washington, municipalities with a population of over 100,000 (as of the 1990 census) were designated as Phase I communities and must comply with Ecology’s Phase I NPDES Municipal Stormwater Permit. Auburn’s 1990 census was below the 100,000 threshold, and the City must comply with the Phase II Municipal Stormwater Permit. About 100 other municipalities in Washington must also comply with the Phase II Permit, along with Auburn, as operators of small municipal separate storm sewer systems (MS4s). Ecology’s Phase II Municipal Stormwater Permit is available on Ecology’s website at http://www.ecy.wa.gov/programs/wq/stormwater/municipal/phaseIIww/wwphiipermit.html The Permit allows municipalities to discharge stormwater runoff from municipal drainage systems into the state’s water bodies (e.g., streams, rivers, lakes, wetlands) as long as municipalities implement programs to protect water quality by reducing the discharge of “non-point source” pollutants to the “maximum extent practicable” (MEP) through application of Permit-specified “best management practices” (BMPs). The BMPs specified in the Permit are collectively referred to as the Stormwater Management Program (SWMP) and grouped under the following Program components: Public Education and Outreach Public Involvement and Participation Illicit Discharge Detection and Elimination Controlling Runoff from New Development, Redevelopment, and Construction Sites Pollution Prevention and Municipal Operation and Maintenance for Municipal Operations DI.A Page 121 of 183 1: Introduction City of Auburn 2013 SWMP 2 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2013 SWMP\2013 Auburn SWMP Final Draft.docx Monitoring The Permit issued by Ecology became effective on August 1, 2012 and expires on July 31, 2013. The Permit requires the City to report annually (March 31st of each year) on progress in SWMP implementation for the previous year. The Permit also requires submittal of documentation that describes proposed SWMP activities for the period of January through July 2013. Throughout the period of January through July 2013 the City will continue to implement existing programs and maintenance activities. 1.3 City of Auburn Regulated Area The Western Washington Phase II Permit applies to operators of regulated small MS4s that discharge stormwater to waters of Washington State located west of the crest of the Cascade Range (west of the eastern boundaries of Whatcom, Skagit, Snohomish, King, Pierce, Lewis and Skamania counties). For cities, the Permit requirements extend to those areas of each City that drain to MS4s. Most of Auburn drains to MS4s that ultimately discharge into the Green River, the White River, or Mill Creek. In addition, some portions of the City drain to regional infiltration basins. 1.4 Total Maximum Daily Load (TMDL) Compliance The federal Clean Water Act requires that Ecology establish “Total Maximum Daily Loads” (TMDL) for rivers, streams, lakes, and marine waters that don’t meet water quality standards. A TMDL is a calculation of the maximum amount of a pollutant that a water body can receive and still meet water quality standards. After the TMDL has been calculated for a given water body, Ecology determines how much each source must reduce its discharges of the pollutant in order bring the water body back into compliance with the water quality standards. The Clean Water Act requires that TMDL requirements must be included in the NPDES permits for dischargers into the affected water bodies. Stormwater discharges covered under this permit are required to implement actions necessary to achieve the pollutant reductions called for in applicable TMDLs. Applicable TMDLs are those approved by the EPA before the issuance date of the Permit or which have been approved by the EPA prior to the date the permittee’s application was received by Ecology. Information on Ecology’s TMDL program is available on Ecology’s website at www.ecy.wa.gov/programs/wq/tmdl. The current permit does not contain any TMDL requirements for the City of Auburn. However, Ecology has identified several water bodies that do not appear to meet the water quality standards. Ecology has developed and the EPA has approved fecal coliform TMDLs for the Puyallup River Watershed. In accordance with the Ecology approved Quality Assurance Project Plan, Auburn will continue to support the Puyallup River TMDL clean up effort by conducting wet weather sampling through April 2013. 1.5 SWMP Implementation Responsibilities The Utilities Engineering Division in the Public Works Department coordinates the overall administration of efforts to comply with Permit requirements. The work plan tables in each Chapter provide the lead departments for the associated task. Other major departments/divisions included in the 2013 SWMP implementation include Maintenance and Operations (M&O), Human Resources (HR), Development Engineering, Permit Center, Innovation and Technology (IT)), and Parks. DI.A Page 122 of 183 1: Introduction City of Auburn 2013 SWMP 3 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2013 SWMP\2013 Auburn SWMP Final Draft.docx 1.6 Document Organization The contents of this document are based upon Permit requirements and Ecology’s “Guidance for City and County Annual Reports for Western Washington, Phase II Municipal Stormwater General Permits.” The program components of this SWMP are organized as listed in the Permit: Section 2.0 addresses Permit requirements for administering the City’s Stormwater Management Program for 2013. Section 3.0 addresses Permit requirements for public education and outreach for 2013. Section 4.0 addresses Permit requirements for public involvement and participation for 2013. Section 5.0 addresses Permit requirements for illicit discharge detection and elimination for 2013. Section 6.0 addresses Permit requirements for controlling runoff from new development, redevelopment, and construction sites for 2013. Section 7.0 addresses Permit requirements for pollution prevention and operations and maintenance for municipal operations for 2013. Section 8.0 addresses Permit requirements for the monitoring section of the Permit for 2013. Each section includes a summary of the relevant Permit requirements, a description of current activities, and a table showing the planned activities for 2013. This document also includes acronyms and definitions in Appendix A for easy reference. DI.A Page 123 of 183 1 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2013 SWMP\2013 Auburn SWMP Final Draft.docx CITY OF AUBURN 2013 STORMWATER MANAGEMENT PROGRAM 2. STORMWATER MANAGEMENT PROGRAM ADMINISTRATION This section of the SWMP describes Permit requirements related to overall Stormwater Management Program administration, including descriptions of the City’s current and planned compliance activities for 2013. 2.1 Permit Requirements The Permit (Section S5.A) requires the City to: Develop and implement a Stormwater Management Program and prepare written documentation for submittal to Ecology by March 31, 2013. The purpose of the SWMP is to reduce the discharge of pollutants from the municipal stormwater system to the maximum extent practicable and thereby protect water quality. Submit an annual compliance report (for 2012) to Ecology by March 31, 2013 that summarizes the status of implementation and provides information from assessment and evaluation procedures collected during the reporting period. Coordinate with other permittees on stormwater related policies programs, and projects within adjacent or shared areas. 2.2 Current Compliance Activities The current compliance activities associated with the Permit include: The City is on track to comply with Ecology requirements for submittal of SWMP documentation by March 31, 2013. The Utilities Engineering Division leads the development of the future planned activities with input and support from several other departments. The City created an NPDES implementation management group. The City set up the systems for tracking training. Training attendance is recorded and kept on file with Human Resources. The City has defined its strategy for cost tracking. Cost tracking is managed by staff recording time spent on Permit elements on their timecards using project coding numbers. Reports can be generated by the Finance Department to determine annual costs by element. The City has defined and implemented a strategy for managing SOPs. SOPs are available for staff use on the City’s Intranet. The City is participating in a regional education and outreach consortium. Staff has ensured that the City’s education and outreach program will work in concert with regional efforts such as the Puget Sound Starts Here campaign. The City is on track to comply with Ecology’s requirements for submittal of the 2012 Annual Report by March 31, 2013. DI.A Page 124 of 183 2. Stormwater Management Program Administration City of Auburn 2013 SWMP 2 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2013 SWMP\2013 Auburn SWMP Final Draft.docx 2.3 Planned 2013 Compliance Activities Auburn has positioned itself well to maintain compliance. Table 2-1 presents the proposed work plan for the 2013 SWMP administration activities. Table 2-1. 2013 Stormwater Management Administration Program Work Plan Task ID Task Description Lead Compliance Timeframe SWMP-1 Summarize annual activities for "Stormwater Management Program" component of Annual Report; identify any updates to Program document. Define process and roles for annual updates for SWMP. Utilities Engineering The SWMP and Annual Compliance Report submittal is due on or before March 31st of each year. DI.A Page 125 of 183 1 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2013 SWMP\2013 Auburn SWMP Final Draft.docx CITY OF AUBURN 2013 STORMWATER MANAGEMENT PROGRAM 3. PUBLIC EDUCATION AND OUTREACH This section describes the Permit requirements related to public education and outreach, including descriptions of the City’s current and planned compliance activities for 2013. 3.1 Permit Requirements The Permit (Section S5.C.1) requires the City to: Prioritize and target education and outreach activities to specified audiences, including the general public, businesses, residents/homeowners, landscapers, property managers, engineers, contractors, developers, review staff and land use planners, and other City employees to reduce or eliminate behaviors and practices that cause or contribute to adverse stormwater impacts. Have an outreach program that is designed to improve the target audience’s understanding of the problem and what they can do to solve it. Track and maintain records of public education and outreach activities. 3.2 Current Compliance Activities The current compliance activities associated with the Permit include: Collaboration with other NPDES municipalities through involvement in the Stormwater Outreach for Regional Municipalities (STORM) integrated public education campaign, Puget Sound Starts Here (PSSH). This campaign includes public service ads broadcast locally and on cable tv and the website www.pugetsoundstartshere.org/. The City of Auburn broadcasts PSSH commercials on the City’s government TV channel (TV 21). Many of the current education and outreach activities that address stormwater management are targeted at the general public, residents/homeowners, and some industries. Some of these programs are listed below: • Natural yard care workshops • Fund raiser car wash kits • Used motor oil and household hazardous waste program • Residential hazardous waste newsletter • Kids day booth • Water Festival • Household hazardous waste mobile • Stormwater lobby display in the Customer Service Center. • Spring Clean-up (bulky item collection) • News letter (quarterly or biannually) for business DI.A Page 126 of 183 3: Public Education and Outreach City of Auburn 2013 SWMP 2 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2013 SWMP\2013 Auburn SWMP Final Draft.docx • Residential cooking oil recycling The City tracks its education and outreach efforts. 3.3 Planned 2013 Compliance Activities The City plans to continue the program that has been developed over the last six years. The target audiences include: The general public Businesses (including home-based and mobile businesses) Residents/homeowners Landscapers Property managers Engineers, contractors, and developers City plan review staff, land use planners, and other City employees. Table 3-1 presents the work plan for the 2013 SWMP public education and outreach activities. Table 3-1. 2013 Public Education and Outreach Work Plan Task ID Task Description Lead Compliance Timeframe EDUC-1 Continue collaboration with other NPDES municipalities through Stormwater Outreach for Regional Municipalities (STORM) and Puget Sound Starts Here efforts to promote regional education and outreach programs. Utilities Engineering Refinements to existing public education and outreach activities are on- going. EDUC-2 Refine education and outreach strategy to supplement existing education activities. An example would be evaluating the current pet waste cleanup education strategy and whether existing education activities should be supplemented for better results. Utilities Engineering EDUC-3 Implement new or modify existing education and outreach activities. An example would be implementing actions related to our Kid’s Day educational activities based on the evaluation done after the 2012 event. Utilities Engineering EDUC-4 Staff training related to Surface Water Management Manual Implementation/Technical Standards: • Permitting • Plan Review • Site Inspections • Maintenance Standards. Utilities Engineering EDUC-5 Inform public employees, businesses and the general public of the hazards associated with illegal discharges and improper disposal of waste. Utilities Engineering Ongoing DI.A Page 127 of 183 3: Public Education and Outreach City of Auburn 2013 SWMP 3 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2013 SWMP\2013 Auburn SWMP Final Draft.docx EDUC-6 Summarize annual activities for "Public Education and Outreach" component of Annual Report; identify any updates to SWMP. Utilities Engineering The SWMP and Annual Compliance Report submittal is due on or before March 31st of each year. DI.A Page 128 of 183 1 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2013 SWMP\2013 Auburn SWMP Final Draft.docx CITY OF AUBURN 2013 STORMWATER MANAGEMENT PROGRAM 4. PUBLIC INVOLVEMENT This section describes the Permit requirements related to public involvement, including descriptions of the City’s current and planned compliance activities for 2013. 4.1 Permit Requirements The Permit (Section S5.C.2) requires the City to: Provide ongoing opportunities for public involvement through advisory boards or commissions and watershed committees, and public participation in developing rate structures and budgets, stewardship programs, environmental actions, or other similar activities. The public must be able to participate in the decision-making processes, including development, implementation, and update of the SWMP. Make the SWMP and Annual Compliance Report available to the public, by posting on the City’s website. Make any other documents required to be submitted to Ecology in response to Permit conditions available to the public. 4.2 Current Compliance Activities The current compliance activities associated with the Permit include: The City has defined a series of public involvement activities intended to meet the Permit requirements for public involvement in development of the Stormwater Management Program. This process involves presenting the draft SWMP to the Planning and Community Development (PCDC) and Public Works (PWC) Committees. The City will then have a public hearing and presentation to the City Council. The City will make the Stormwater Management Program document and Annual Compliance Report available to the public on the City website. 4.3 Planned 2013 Compliance Activities The City of Auburn has a history of including the public in decision making. Table 4-1 below presents the work plan for the 2013 SWMP public involvement activities. DI.A Page 129 of 183 4: Public Involvement City of Auburn 2013 SWMP 2 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2013 SWMP\2013 Auburn SWMP Final Draft.docx Table 4-1. 2013 Public Involvement Work Plan Task ID Task Description Lead Compliance Timeframe PI-1 Provide public involvement opportunities for annual SWMP update. Utilities Engineering Public involvement opportunities will be available before 3/31/2013 submittal. PI-2 Make SWMP document and Annual Compliance Report available to public by posting on the City website. Utilities Engineering PI-3 Summarize annual activities for "Public Involvement and Participation" component of Annual Report; identify any updates to SWMP. Utilities Engineering The SWMP and Annual Compliance Report submittal is due on or before March 31st of each year. PI-4 Provide public involvement opportunity for planting native plants and invasive species removal at the Auburn Environmental Park. Planning and Development Department 2013 DI.A Page 130 of 183 1 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2013 SWMP\2013 Auburn SWMP Final Draft.docx CITY OF AUBURN 2013 STORMWATER MANAGEMENT PROGRAM 5. ILLICIT DISCHARGE DETECTION AND ELIMINATION This section describes the Permit requirements related to illicit discharge detection and elimination (IDDE), including descriptions of the City’s current and planned compliance activities for 2013. 5.1 Permit Requirements The Permit (Section S5.C.3) requires the City to: Implement an ongoing program to detect and remove illicit discharges, connections, and improper disposal, including any spills into the municipal separate storm sewers owned or operated by the City. Maintain a storm sewer system map, have ordinances that prohibit illicit discharges, and implement an ongoing program to detect and address illicit discharges. Publicly list and publicize a hotline or other local telephone number for public reporting of spills and other illicit discharges. Track illicit discharge reports and actions taken in response through close-out, including enforcement actions. Inform public employees, businesses and the general public of hazards associated with illegal discharges and improper disposal of waste. Train staff on proper IDDE response SOPs and municipal field staff to recognize and report illicit discharges. Summarize all illicit discharges and connections reported to the City and response actions taken, including enforcement actions, in the Annual Compliance Report; identify any updates to the SWMP. 5.2 Current Compliance Activities The current compliance activities associated with the Permit include: The City has completed the mapping required for the Permit and is continually adding data to improve the quality of the information in the storm drainage system layer of the GIS map. The City also has an SOP for keeping the municipal separate storm sewer system map and inventory up-to-date. City codes and standards currently have sections that address the required illicit discharges and civil infractions. Citizens can report illicit discharges or illicit dumping using the published spill hotline number or any of the phone numbers published by the City. The calls are routed to Operations and Maintenance where they are recorded and distributed to the appropriate response authority. The City tracks spills, illicit discharges, and inspections. The City has chosen to use CarteGraph as its issue tracking and resolution system. The City created an IDDE response and enforcement SOP. The City has trained staff for illicit discharge recognition and response. The City has performed field assessments at primary outfalls. DI.A Page 131 of 183 5: Illicit Discharge Detection and Elimination City of Auburn 2013 SWMP 2 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2013 SWMP\2013 Auburn SWMP Final Draft.docx 5.3 Planned 2013 Compliance Activities Table 5-1 presents the work plan for 2013 SWMP illicit discharge detection and elimination activities. Table 5-1. 2013 Illicit Discharge Detection and Elimination Work Plan Task ID Task Description Lead Compliance Timeframe IDDE-1 Define and implement City-wide IDDE Program and develop any necessary supplemental IDDE activities. Utilities Engineering Ongoing IDDE-2 Continue to review and update storm system map to address data gaps and Permit requirements. Utilities Engineering/IT Ongoing IDDE-3 Conduct a field assessment of one high priority water body. The water body to be assessed in 2013 will be the Auburn valley aquifer. Utilities Engineering Complete assessment field work for one high priority water body this year. IDDE-4 Summarize annual activities for "Illicit Discharge Detection and Elimination" component of Annual Report; identify any updates to SWMP. Utilities Engineering The SWMP and Annual Compliance Report submittal is due on or before March 31st of each year. DI.A Page 132 of 183 1 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2013 SWMP\2013 Auburn SWMP Final Draft.docx CITY OF AUBURN 2013 STORMWATER MANAGEMENT PROGRAM 6. CONTROLLING RUNOFF FROM NEW DEVELOPMENT, REDEVELOPMENT, AND CONSTRUCTION SITES This section describes the Permit requirements related to controlling runoff from new development, redevelopment, and construction sites, including descriptions of the City’s current and planned compliance activities for 2013. 6.1 Permit Requirements The Permit (Section S5.C.4) requires the City to: Implement, and enforce a program to reduce pollutants in stormwater runoff (i.e., illicit discharges) to the municipal separate storm sewer system from new development, redevelopment, and construction site activities. The program must apply to both private and public projects, including roads, and address all construction/development-associated pollutant sources. Have adopted regulations (codes and standards), have plan review, inspection, and escalating enforcement SOPs necessary to implement the program in accordance with Permit conditions, including the minimum technical requirements in Appendix 1 of the Permit. Develop provisions (plan review, inspection, and enforcement) and SOPs to allow non-structural preventive actions and source reduction approaches such as Low Impact Development techniques to minimize the creation of impervious surfaces and the disturbance of native soils and vegetation. Have adopted regulations (codes and standards) and processes to verify adequate long-term operations and maintenance of new post-construction permanent stormwater facilities and BMPs in accordance with Permit conditions, including an annual inspection frequency and/or approved alternative inspection frequency and maintenance standards for private drainage systems as protective as those in Chapter IV of the 2005 Ecology Stormwater Management Manual for Western Washington. Provide copies of the Notice of Intent (NOI) for construction or industrial activities to representatives of the proposed new development and redevelopment. Provide training to staff on the new codes, standards, and SOPs and create public education and outreach materials. Record and maintain records of all inspections and enforcement actions by staff. Summarize annual activities for the “Controlling Runoff” component of the Annual Compliance Report; identify any updates to the SWMP. 6.2 Current Compliance Activities The current compliance activities associated with the Permit include: The City has existing programs, codes, and standards that address the Permit requirements for management of stormwater runoff from development, redevelopment, and construction sites. The City reviews all stormwater site plans for proposed development. DI.A Page 133 of 183 6: Controlling Runoff from New Development, Redevelopment and Construction Sites City of Auburn 2013 SWMP 2 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2013 SWMP\2013 Auburn SWMP Final Draft.docx The City adopted a stormwater management manual approved by Ecology as equivalent to the 2005 Stormwater Management Manual for Western Washington. The City has a site planning process for BMP selection and design criteria. The City inspects all permitted development sites during construction and after construction. The City clearly identifies the party responsible for operations and maintenance (O&M) and requires long-term O&M of permitted facilities and BMPs. The City tracks and records inspections and enforcement actions by staff. The City provides copies of Notices of Intent (NOI) for construction and industrial activities in the pre-application meeting with developers. Construction inspectors and most building inspectors have the required erosion control training. The City submitted the Permit required LID Implementation Report to Ecology. Engineering staff have obtained LID Certification through the Washington State University Extension Program. 6.3 Planned 2013 Compliance Activities The City has a program to help reduce stormwater runoff from new development and construction sites. Table 6-1 presents the work plan for 2013 SWMP activities related to runoff control for new development, redevelopment, and construction sites. Table 6-1. 2013 Controlling Runoff from Development, Redevelopment, and Construction Sites Work Plan Task ID Task Description Lead Compliance Timeframe CTRL-1 Track and report construction, new development, and redevelopment permits, inspections and enforcement actions. Planning/ Permit Center On-going. CTRL-2 Conduct annual inspection of all treatment and flow control (other than catch basins) – private systems. Utilities Engineering On-going CTRL-3 Summarize annual activities for "Controlling Runoff from New Development, Redevelopment, and Construction Sites" component of Annual Report; identify any updates to SWMP. Utilities Engineering The SWMP and Annual Compliance Report submittal is due on or before March 31st of each year. CTRL-4 City staff will receive Certified Erosion and Sediment Control Lead training. Building Department Spring 2013 DI.A Page 134 of 183 1 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2013 SWMP\2013 Auburn SWMP Final Draft.docx CITY OF AUBURN 2013 STORMWATER MANAGEMENT PROGRAM 7. POLLUTION PREVENTION AND OPERATION AND MAINTENANCE FOR MUNICIPAL OPERATIONS This section describes the Permit requirements related to pollution prevention and operations and maintenance for municipal operations, including descriptions of the City’s current and planned compliance activities for 2013. 7.1 Permit Requirements The Permit (Section S5.C.5) requires the City to: Implement an O&M program, with the ultimate goal of preventing or reducing pollutant runoff from municipal separate stormwater system and municipal O&M activities. Establish maintenance standards for the municipal separate stormwater system that are at least as protective as those specified in the 2005 Stormwater Management Manual for Western Washington. Perform inspections of stormwater flow control and treatment facilities and catch basins and perform maintenance as needed to comply with maintenance standards. Check treatment and flow control facilities after major storms and perform repairs as needed in accordance with adopted maintenance standards. Have SOPs in place to reduce stormwater impacts associated with runoff from municipal O&M activities, including but not limited to streets, parking lots, roads, or highways owned or maintained by the City, and to reduce pollutants in discharges from all lands owned or maintained by the City. Train staff to implement the SOPs and document that training. Prepare Stormwater Pollution Prevention Plans (SWPPPs) for all heavy equipment maintenance or storage yards identified for year-round facilities or yards, and material storage facilities owned or operated by the City. Summarize annual activities for the “Pollution Prevention and Operations and Maintenance for Municipal Operations” component of the Annual Compliance Report; identify any updates to the SWMP. 7.2 Current Compliance Activities The current compliance activities associated with the Permit include: The City operates an O&M program intended to minimize pollutant runoff from municipal operations. The City is implementing the stormwater maintenance standards listed in the Stormwater Management Manual. DI.A Page 135 of 183 7. Pollution Prevention and O&M for Municipal Operations City of Auburn 2013 SWMP 2 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2013 SWMP\2013 Auburn SWMP Final Draft.docx The City conducts and records the necessary maintenance operations identified based on inspections of stormwater facilities and catch basins. The City performs spot checks of potentially damaged permanent treatment and flow control facilities after storm events. M&O staff involved with pesticides, pest management, and erosion and sediment control, receive training in these areas. The City has developed procedures for these activities. The City has developed Stormwater Pollution Prevention Plans for applicable City facilities. Public streets are swept on a regular schedule. 7.3 Planned 2013 Compliance Activities Table 7-1 presents the work plan for 2013 SWMP activities related to pollution prevention and operations and maintenance for municipal operations. Table 7-1. 2013 Pollution Prevention and Operations and Maintenance Work Plan Task ID Task Description Responsible Schedule Notes PPOM-1 Conduct annual inspection of all treatment and flow control (other than catch basins) in the public system. Utilities Engineering On-going PPOM-2 Inspect 20% of the public catch basins before July 31, 2013 and perform maintenance as triggered by the maintenance standards. M&O On-going PPOM-3 Summarize annual activities for "Pollution Prevention and Operation and Maintenance" component of annual report; identify any updates to SWMP. Utilities Engineering The SWMP and Annual Compliance Report submittal is due on or before March 31st of each year. PPOM-4 Perform street sweeping. M&O Ongoing DI.A Page 136 of 183 1 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2013 SWMP\2013 Auburn SWMP Final Draft.docx CITY OF AUBURN 2013 STORMWATER MANAGEMENT PROGRAM 8. MONITORING This section describes the Permit requirements related to water quality monitoring, including descriptions of the City’s current and planned compliance activities for 2013. 8.1 Permit Requirements The Permit (Section S8) does not require municipalities to conduct water quality sampling or other testing during this permit term, with the following exceptions: Sampling or testing required for characterizing illicit discharges pursuant to the SWMP’s IDDE conditions. Water quality monitoring required for compliance with Total Maximum Daily Load (TMDL) conditions (water quality clean up plans). The current Permit does not require that Auburn perform TMDL-related monitoring. The City is required to provide the following monitoring and/or assessment data in each annual report: A description of any stormwater monitoring or studies conducted by the City during the reporting period. If stormwater monitoring was conducted on behalf of the City, or if studies or investigations conducted by other entities were reported to the City, a brief description of the type of information gathered or received shall be included in the annual report. An assessment of the appropriateness of the best management practices identified by the City for each component of the SWMP; and any changes made, or anticipated to be made, to the BMPs that were previously selected to implement the SWMP and why. 8.2 Current Compliance Activities Although not required in the current Permit, the City is performing wet weather fecal coliform monitoring of stormwater discharge to a tributary of the White River as part of the approved Puyallup River Watershed Fecal Coliform TMDL. 8.3 Planned 2013 Compliance Activities Table 8-1 presents the work plan for 2013 SWMP monitoring activities. DI.A Page 137 of 183 8: Monitoring City of Auburn 2013 SWMP 2 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2013 SWMP\2013 Auburn SWMP Final Draft.docx Table 8-1. 2013 Water Quality Monitoring Work Plan Task ID Task Description Lead Compliance Timeframe MNTR -1 Participate in regional and state monitoring forums and future legislative actions in order to influence development of feasible and effective alternative future monitoring requirements. Utilities Engineering Continue participation. MNTR -2 Summarize annual monitoring activities for the Annual Report; identify any updates to SWMP including identification of sites selected for monitoring and a summary of proposed questions for effectiveness monitoring, purpose, design and methods. Utilities Engineering The SWMP and Annual Compliance Report submittal is due on or before March 31st of each year. MNTR-3 Continue wet weather fecal coliform monitoring in conjunction with the Puyallup River Watershed Fecal Coliform TMDL. Utilities Engineering Through April 2013 DI.A Page 138 of 183 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2013 SWMP\2013 Auburn SWMP Final Draft.docx APPENDIX A Acronyms and Definitions DI.A Page 139 of 183 Appendix A: Acronyms and Definitions City of Auburn 2013 SWMP A-1 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2013 SWMP\2013 Auburn SWMP Final Draft.docx The following definitions and acronyms are taken directly from the Phase II Permit and are reproduced here for the reader’s convenience. AKART means all known, available, and reasonable methods of prevention, control and treatment. All known, available and reasonable methods of prevention, control and treatment refers to the State Water Pollution Control Act, Chapter 90.48.010 and 90.48.520 RCW. Basin Plan is a surface water management process consisting of three parts: a scientific study of the basin’s drainage features and their quality; developing actions and recommendations for resolving any deficiencies discovered during the study; and implementing the recommendations, followed by monitoring. Best Management Practices ("BMPs") are the schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices approved by the Department that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State. BMP means Best Management Practice. CFR means Congressional Federal Register. Component or Program Component means an element of the Stormwater Management Program listed in S5 Stormwater Management Program for Cities, Towns, and Counties or S6 Stormwater Management Program for Secondary Permittees of this permit. CWA means Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972) Pub.L. 92-500, as amended Pub. L. 95-217, Pub. L. 95- 576, Pub. L. (6-483 and Pub. L. 97-117, 33 U.S.C. 1251 et seq. Discharge for the purpose of this permit means, unless indicated otherwise, any discharge from a MS4 owned or operated by the permittee. Ecology’s Western Washington Phase I Municipal Stormwater Permit regulates discharges from municipal separate storm sewers owned or operated by Clark, King, Pierce and Snohomish Counties, and the cities of Seattle and Tacoma. Ecology’s Western Washington Phase II Municipal Stormwater Permit covers certain "small" municipal separate stormwater sewer systems. Entity means another governmental body, or public or private organization, such as another permittee, a conservation district, or volunteer organization. Equivalent document means a technical stormwater management manual developed by a state agency, local government or other entity that includes the Minimum Technical Requirements in Appendix 1 of this Permit. The Department may conditionally approve manuals that do not include the Minimum Technical Requirements in Appendix 1; in general, the Best Management Practices included in those documents may be applied at new development and redevelopment sites, but the Minimum Technical Requirements in Appendix 1 must still be met. Heavy equipment maintenance or storage yard means an uncovered area where any heavy equipment, such as mowing equipment, excavators, dump trucks, backhoes, or bulldozers are washed or maintained, or where at least five pieces of heavy equipment are stored. Illicit connection means any man-made conveyance that is connected to a municipal separate storm sewer without a permit, excluding roof drains and other similar type connections. Examples include sanitary sewer DI.A Page 140 of 183 Appendix A: Acronyms and Definitions City of Auburn 2013 SWMP A-2 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2013 SWMP\2013 Auburn SWMP Final Draft.docx connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the municipal separate storm sewer system. Illicit discharge means any discharge to a municipal separate storm sewer that is not composed entirely of storm water except discharges pursuant to a NPDES permit (other than the NPDES permit for discharges from the municipal separate storm sewer) and discharges resulting from fire fighting activities. IDDE means Illicit discharge detection and elimination. Low Impact Development (LID) means a stormwater management and land development strategy applied at the parcel and subdivision scale that emphasizes conservation and use of on-site natural features integrated with engineered, small-scale hydrologic controls to more closely mimic pre-development hydrologic functions. Major Municipal Separate Storm Sewer Outfall means a municipal separate storm sewer outfall from a single pipe with an inside diameter of 36 inches or more, or its equivalent (discharge from a single conveyance other than circular pipe which is associated with a drainage area of more than 50 acres); or for municipal separate storm sewers that receive stormwater from lands zoned for industrial activity (based on comprehensive zoning plans or the equivalent), an outfall that discharges from a single pipe with an inside diameter of 12 inches or more or from its equivalent (discharge from other than a circular pipe associated with a drainage area of 12 acres or more). Material Storage Facilities means an uncovered area where bulk materials (liquid, solid, granular, etc.) are stored in piles, barrels, tanks, bins, crates, or other means. Maximum Extent Practicable (MEP) refers to paragraph 402(p)(3)(B)(iii) of the federal Clean Water Act which reads as follows: Permits for discharges from municipal storm sewers shall require controls to reduce the discharge of pollutants to the maximum extent practicable, including management practices, control techniques, and system, design, and engineering methods, and other such provisions as the Administrator or the State determines appropriate for the control of such pollutants. MEP means Maximum Extent Practicable. MS4 – see Municipal Separate Storm Sewer System. MTRs means Minimum Technical Requirements. Municipal Separate Storm Sewer System (MS4) means a conveyance, or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): (i) owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of wastes, storm water, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of the United States. (ii) designed or used for collecting or conveying stormwater. (iii) which is not a combined sewer; and (iv) which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.2. DI.A Page 141 of 183 Appendix A: Acronyms and Definitions City of Auburn 2013 SWMP A-3 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2013 SWMP\2013 Auburn SWMP Final Draft.docx National Pollutant Discharge Elimination System (NPDES) means the national program for issuing, modifying, revoking, and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of the Federal Clean Water Act, for the discharge of pollutants to surface waters of the state from point sources. These permits are referred to as NPDES permits and, in Washington State, are administered by the Washington Department of Ecology. Notice of Intent (NOI) means the application for, or a request for coverage under this General Permit pursuant to WAC 173-226-200. Outfall means point source as defined by 40 CFR 122.2 at the point where a municipal separate storm sewer discharges to waters of the State and does not include open conveyances connecting two municipal separate storm sewer systems, or pipes, tunnels, or other conveyances which connect segments of the same stream or other waters of the State and are used to convey waters of the State. O&M means Operations and Maintenance. Permittee unless otherwise noted, the term “Permittee” includes Permittee, Co-Permittee, and Secondary Permittee, as defined below: (i) A “Permittee” is a city, town, or county owning or operating a regulated small MS4 applying and receiving a permit as a single entity. (ii) A “Co-Permittee” is any operator of a regulated small MS4 that is applying jointly with another applicant for coverage under this Permit. Co-Permittees own or operate a regulated small MS4 located within or adjacent to another regulated small MS4. (iii) A “Secondary Permittee” is an operator of regulated small MS4 that is not a city, town, or county. Small Municipal Separate Storm Sewer System or Small MS4 is a conveyance or system of conveyances for municipalities having populations of less that 100,000 according to the 1990 US census. Such systems include road drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, and/or storm drains that are: a. Owned or operated by a city, town, county, district, association or other public body created pursuant to State law having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer districts, flood control districts or drainage districts, or similar entity. b. Designed or used for collecting or conveying stormwater. c. Not a combined sewer system, d. Not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.2. e. Not defined as “large” or “medium” pursuant to 40 CFR 122.26(b)(4) & (7) or designated under 40 CFR 122.26 (a)(1)(v). Small MS4s include systems similar to separate storm sewer systems in municipalities such as: universities, large publicly owned hospitals, prison complexes, highways and other thoroughfares. Storm sewer systems in very discrete areas such as individual buildings do not require coverage under this Permit. Small MS4s do not include storm drain systems operated by non-governmental entities such as: individual buildings, private schools, private colleges, private universities, and industrial and commercial entities. DI.A Page 142 of 183 Appendix A: Acronyms and Definitions City of Auburn 2013 SWMP A-4 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2013 SWMP\2013 Auburn SWMP Final Draft.docx SOP means standard operating procedure. Stormwater means runoff during and following precipitation and snowmelt events, including surface runoff and drainage. Stormwater Associated with Industrial and Construction Activity means the discharge from any 2conveyance which is used for collecting and conveying stormwater, which is directly related to manufacturing, processing or raw materials storage areas at an industrial plant, or associated with clearing grading and/or excavation, and is required to have an NPDES permit in accordance with 40 CFR 122.26. Stormwater Management Manual for Western Washington means the 5-volume technical manual (Publication Nos. 99-11 through 15 for the 2001 version and Publication Nos. 05-10-029-033 for the 2005 version (The 2005 version replaces the 2001 version) prepared by Ecology for use by local governments that contains BMPs to prevent, control, or treat pollution in storm water. Stormwater Management Program (SWMP) means a set of actions and activities designed to reduce the discharge of pollutants from the regulated small MS4 to the maximum extent practicable and to protect water quality, and comprising the components listed in S5 or S6 of this Permit and any additional actions necessary to meet the requirements of applicable. Total Maximum Daily Load (TMDL) is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, DI.A Page 143 of 183 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6459 - Code Amendment Related to Off- Premise Residential Real Estate Signs Date: February 28, 2013 Department: Planning and Development Attachments: Ordinance No. 6459 Budget Impact: $0 Administrative Recommendation: For discussion. Background Summary: On April 18, 2011, the Auburn City Council passed Ordinance No. 6360 that established one (1) year interim zoning controls pertaining to the allowance, dimensions, and location of real estate signs not currently permitted by existing sign regulations in the public right-of-way or on private property related to the sale, lease, or rent of residential and non-residential development properties. Ordinance No. 6360 was developed in response to multiple requests from developers and owners of residential and non-residential real property in the City seeking authorization for the placement of real estate signs on public and private properties in locations, numbers, and of a size than is currently allowable under existing City regulations. The Ordinance's key purpose was to assist in local economic development associated with the sale and development of residential and non-residential property in the City. Staff worked with the Planning Commission on developing the permanent regulations and the Planning Commission recommended to the City Council that the real estate sign regulations be in place for an additional year, or April 21, 2013 unless extended by the City Council through separate ordinance action and the City Council concurred with the passage of Ordinance No. 6406 on April 16, 2012. The Planning and Community Development Committee (PCDC) reviewed the existing off-premise real estate sign program at their January 14, 2013 meeting and requested additional information from staff. At the February 11, 2013 PCDC meeting, the Committee reviewed the additional information and requested that the off-premise real estate sign program be extended for an additional year with the following changes: AUBURN * MORE THAN YOU IMAGINEDDI.B Page 144 of 183 Add a provision that projects outside the city limits cannot be advertised within the city limits. If an applicant does not comply with the provisions or approvals, then that applicant may never utilize the program again for the current project or any future projects. Proposed Ordinance No. 6459 extends the off-premise real estate sign program for an additional year to April 22, 2014 and amends the code section to include the requested changes by the Committee. At the March 7, 2013 meeting, staff will review Ordinance No. 6459 and if the Committee is comfortable with the proposed changes, request that Ordinance No. 6459 be moved to an action item. Reviewed by Council Committees: Other: Planning, Parks Councilmember:Backus Staff:Chamberlain Meeting Date:March 7, 2013 Item Number:DI.B AUBURN * MORE THAN YOU IMAGINEDDI.B Page 145 of 183 ----------------------------- Ordinance No. 6459 February 28, 2013 Page 1 of 24 ORDINANCE NO. 6 4 5 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, EXTENDING AND AMENDING CHAPTER 18.56 OF THE AUBURN CITY CODE, RELATING TO THE REGULATION OF THE ALLOWANCE, DIMENSIONS AND LOCATION OF OFF-PREMISE REAL ESTATE SIGNS WHEREAS, on February 6, 2006, the Auburn City Council adopted Ordinance No. 5993, revising and amending the City of Auburn Sign Code; and WHEREAS, on April 18, 2011, the Auburn City Council passed Ordinance No. 6360 that established one (1) year interim zoning controls pertaining to the allowance, dimensions, and location of real estate signs not currently permitted by existing sign regulations in the public right-of-way or on private property relate to the sale, lease, or rent of residential and non-residential development properties; and WHEREAS, Ordinance No. 6360 was developed in response to multiple requests from developers and owners of residential and non-residential real property in the City seeking authorization for the placement of real estate signs on public and private properties in locations, numbers and of a size than is currently allowable under existing City regulations. The Ordinance’s key purpose was to assist in local economic development associated with the sale and development of residential and non-residential property in the City; and WHEREAS, the City Council continues to find that current economic situations warrants reconsideration of existing regulations related to residential DI.B Page 146 of 183 ----------------------------- Ordinance No. 6459 February 28, 2013 Page 2 of 24 and non-residential real estate signs and that the nature and impact of the current economic situations necessitate the temporary allowance of residential and non-residential real estate signs not currently allowed under existing City Code subject to compliance with standards and procedures specified herein; and, WHEREAS, in its deliberations of the proposed text amendments to the Auburn Sign Code, the City of Auburn Planning Commission considered and recommended to the City Council that, the provisions of the Interim Sign Code remain in effect until April 22, 2013, and thereafter the Interim sign code be superseded and replaced with the Sign Code it replaced as adopted by Ordinance No. 5993; and WHEREAS, any extensions to the real estate sign regulations be reviewed by the City Council; and WHEREAS, the Planning and Community Development Committee of the City Council reviewed the existing off-premise real estate sign regulations and their January 14, 2013 and February 11, 2013 meetings; and WHEREAS, the Planning and Community Development Committee made a recommendation to the full City Council at their March 7, 2013 meeting. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. EXTENSION OF SIGN CODE. That Chapter 18.56 of the Auburn City Code, the City of Auburn “Interim” Sign Code, as adopted in DI.B Page 147 of 183 ----------------------------- Ordinance No. 6459 February 28, 2013 Page 3 of 24 Ordinance No. 6360 on April 18, 2011, as amended by Ordinance No. 6403, adopted on February 21, 2012, and amended by Ordinance No. 6406 adopted on April 16, 2012 be and the same hereby is extended and shall remain in full force and effect until April 22, 2014, reading as follows: Chapter 18.56 SIGNS1 Sections: 18.56.010 Intent. 18.56.020 Definitions. 18.56.025 Real estate signs. 18.56.030 General provisions, all districts. 18.56.040 Regulation by district. 18.56.050 Administrative provisions. 18.56.060 Deviations, variances and appeals. 18.56.070 Liability. 18.56.080 Conflicts repealed. 18.56.010 Intent. The overall purpose of this chapter is to enhance and maintain the aesthetic character, to promote the public health, safety and general welfare, and to increase the effectiveness of visual communication in the city. This chapter is also intended to avoid visual clutter that may adversely impact traffic and pedestrian safety, or be adverse to property values, business opportunities and the city’s appearance and to prevent and abate public nuisances. The purpose of this chapter is implemented by controlling the construction, location, use and maintenance of all signs and sign structures. It is also the intent of this chapter to afford noncommercial speech the same or greater protection afforded commercial speech and to not regulate noncommercial speech to a stricter standard than commercial speech. This chapter is further intended to support local businesses in the city and the city’s overall economy by providing additional and increased opportunities for the use and siting of temporary and portable signage subject to conditions, including but not limited to time, size, location and placement. (Ord. 6406 § 1, 2012; Ord. 6403 §§ 1, 2, 2012; Ord. 6360 § 2, 2011; Ord. 6353 § 2, 2011; Ord. 6327 § 2, 2010; Ord. 6263 § 2, 2009; Ord. 5993 § 1, 2006; Ord. 4773 § 1, 1995; Ord. 4229 § 2, 1987.) 18.56.020 Definitions. The following definitions are specific to this chapter and are to be used only for the implementation of this chapter: A. “Animated sign” means any sign that flashes or simulates motion with an electronic or manufactured source of supply or contains wind-actuated motion DI.B Page 148 of 183 ----------------------------- Ordinance No. 6459 February 28, 2013 Page 4 of 24 (except for flags and banners). An animated sign may also be a sign that meets the definition of “changing message center” or “revolving sign.” B. “Banner” means a temporary sign constructed of fabric, vinyl, or other durable material; which is not the primary identification for the organization, event or product advertised; and which is primarily promotional in nature. C. “Billboard” means a large outdoor advertising sign containing a message, commercial or otherwise, unrelated to the use or activity on the property on which the sign is located and/or to any use or activity in the immediate area (such as is the case with an off-premises sign) and which is customarily leased for commercial purposes. The approximate size of the billboard faces range from 12 to 14 feet in height and 24 to 48 feet in width. D. “Changing message center” means an electronically controlled message center that displays different copy changes on the same lamp bank. E. “Directional sign” means a sign which is located to guide or direct pedestrian or vehicular traffic to parking entrances, exits, and service areas, and may not exceed six square feet in area or 10 feet in height. For projects that have parking lots in excess of 500 spaces, the sign area may be 10 square feet and the sign height 15 feet. F. “Double-faced sign” means a sign with two faces. G. “Electrical sign” means a sign or sign structure in which electrical wiring, connections, and/or fixtures are used as part of the sign proper. H. “Facade” means the entire building front, or street wall face, including grade to the top of the parapet or eaves, and the entire width of the building elevation. I. “Flashing sign” means an electrical sign or a portion thereof which changes light intensity in a sudden transitory burst, or which switches on and off in a constant pattern in which more than one-third of the nonconstant light source is off at any one time. J. “Freestanding sign” means a sign that meets the definition of “ground sign” (also commonly referred to as a monument sign), or “pole sign.” Signs attached to fences or other structures that are not defined as buildings will be considered freestanding signs. K. “Frontage” means the measurement, in linear feet, of the length of the property line for a single-tenant building or length of leased building frontage for multitenant buildings or multibuilding complexes. L. “Grade” means the relative existing ground level in the immediate vicinity of the sign. M. “Ground sign” means a sign attached to the ground and supported by the ground or a built-up landscaped area such that the sign appears solid with the ground. The height of a ground sign shall be measured from the surrounding grade. Also commonly referred to as a monument sign. N. “Identification sign” means a sign containing the name of the business establishment, occupant of the building or tenant space and/or address of the premises. O. “Incidental sign” means a sign that is generally informational and of a noncommercial nature intended primarily for the convenience of the public and having a maximum area of two square feet. Incidental signs include, but are not limited to: signs designating restrooms, hours of operation, entrances and exits to DI.B Page 149 of 183 ----------------------------- Ordinance No. 6459 February 28, 2013 Page 5 of 24 buildings and parking lots, help wanted, public telephones, etc. Also included are property control and warning signs such as “no trespassing,” “no dumping,” etc., and plaques, tablets or inscriptions which are an integral part of a building. P. “Mansard roof” means a sloped roof or roof-like facade architecturally able to be treated as a building wall. Q. “Marquee” means a permanent structure attached to, supported by, and projecting from a building and providing protection from the weather elements. For the purpose of this chapter, a freestanding, permanent roof-like structure providing protection from the elements, such as a service station gas pump canopy, will also be considered a marquee. The term “marquee” also includes canopy. R. “Marquee sign” means any sign which forms part of or is integrated into a marquee and which does not extend horizontally beyond the limits of such marquee. For the purpose of this chapter, a marquee sign will be considered as a wall sign. S. “Median sign” means a sign that is placed within the median of a public street. T. “Multiple-building complex” means a group of commercial or industrial structures, developed as a group either simultaneously or in phases, with more than one building per parcel. U. “Multiple-tenant building” means a single structure housing more than one retail business, office or commercial venture but not including residential apartment buildings, which share the same lot, access and/or parking facilities. V. “On-premises sign” means a sign which carries advertisements incidental to a lawful use of the premises on which it is located, including signs indicating the business transacted, services rendered, goods sold or produced on the premises, name of the person, firm or corporation occupying the premises. W. “Off-premises sign” means any sign which advertises an establishment, merchandise, service, goods, or entertainment which is sold, produced, and manufactured, or furnished at a place other than on the property on which said sign is located. X. “Parapet” means a false front or wall extension above the roofline. Y. “Perimeter” means a square or rectangle required to enclose the sign area. Z. “Portable sign” means any sign made of any material, including paper, cardboard, wood or metal, which is capable of being moved easily and is not permanently affixed to the ground, structure or building. This also includes sidewalk or sandwich board signs, except those worn by a person. AA. “Premises” means the real estate as a unit, which is involved by the sign or signs mentioned in this chapter. BB. “Projecting sign” means a sign which is attached to a structure or building wall in such a manner that the leading edge extends more than 16 inches beyond the surface of said structure or wall but does not extend more than five feet beyond the property line, extends no more than six inches above any roofline, and meets all standards for ground clearance. Signs that meet the definition of “marquee sign” or “suspended sign” will not be considered a “projecting sign.” DI.B Page 150 of 183 ----------------------------- Ordinance No. 6459 February 28, 2013 Page 6 of 24 CC. “Real estate sign” means a portable sign erected by the owner, or the owner’s agent, advertising the real estate upon which the sign is located for rent, lease or sale. DD. “Revolving sign” means any sign that rotates or turns in motion by electrical or mechanical means in a circular pattern. EE. “Roof sign” means a sign erected upon or above a roof or parapet of a building or structure. Mansard roof signs shall be considered as wall signs. Roof signs may not extend more than five feet in height above the roof. FF. “Sign” means any visual communication device, structure, or fixture which is visible from any right -of-way intended to aid a land use in promoting the sale or identification of a product, good or service using graphics, symbols, or written copy. For the purpose of this chapter, a sign shall not be considered to be building or structural design. It shall be restricted solely to graphics, symbols, or written copy that is meant to be used in the aforementioned way. This definition shall include inflatable signs, balloons or other similar devices. GG. “Sign area” means: 1. The total area of a sign visible from any one viewpoint or direction, excluding the sign support structure, architectural embellishments, or framework that contains no written copy, and includes only one side of a double-faced sign. 2. Individual letter signs using a wall as the background without added decoration or change in wall color shall be calculated by measuring the perimeter enclosing each letter. The combined total area of each individual letter shall be considered the total area of the sign. 3. Module signs consisting of more than one sign cabinet shall be computed by adding together the total area of each module. 4. Perimeter of sign area shall be established by the smallest rectangle enclosing the extreme limits of the letter module or advertising message being measured. HH. “Sign height” means the vertical distance measured from the adjacent grade to the highest point of the sign. II. “Sign structure” means any structure that supports or is capable of supporting any sign as defined in this chapter. A sign structure may be a single pole or may or may not be an integral part of the building or structure. JJ. “Single-tenant building” means a commercial building or structure that contains one enterprise or occupant. Buildings within a multibuilding complex may not be considered a single-tenant building. KK. “Special event signage” means temporary signs including posters, flags, pennants, and inflatable materials; which are not the primary identification for the organization, event or product advertised; and which are primarily intended for short-term promotional periods. LL. “Suspended sign” means a sign that is attached to and suspended from a marquee or canopy, and subject to right-of-way and clearance regulations. MM. “Temporary sign” means any sign or advertising display constructed of wood, vinyl, cloth, canvas, light fabric, paper, cardboard, or other light materials, with or without frames, intended to be displayed for a limited time only. This definition shall include inflatable signs. DI.B Page 151 of 183 ----------------------------- Ordinance No. 6459 February 28, 2013 Page 7 of 24 NN. “Traffic hazard” means any sign which does not meet city standards for clear zone or sight distance or which does not meet the requirements of the Americans with Disabilities Act. OO. “Wall sign” means a sign attached or erected parallel to and extending not more than 16 inches from the facade or face of any building to which it is attached and supported through its entire length, with the exposed face of the sign parallel to the plane of said wall or facade. “Window signs” which do not meet the definition of a “temporary sign” shall be considered as wall signs. PP. “Window sign” means a sign located inside or affixed to windows of a building, whether temporary or permanent, lighted or unlighted, which may be viewed from the exterior of the building. QQ. “Feather banner or sign” means a fabric sign with printed advertisement on one or two faces that is either stationary or rotates and is attached on one side to a metal pole or stake that is placed in the ground or attached to a secure object. RR. “Off-premises directional sign” means a sign located on private property or in the public right-of-way as authorized that directs or guides persons to an establishment, merchandise, service, goods, or entertainment which is sold, produced, and manufactured, or furnished at a place other than on the property or public right-of -way on which said sign is located. (Ord. 6406 § 1, 2012; Ord. 6403 §§ 3, 4, 2012; Ord. 6360 § 2, 2011; Ord. 6353 § 4, 2011; Ord. 6327 § 4, 2010; Ord. 6263 § 4, 2009; Ord. 6166 § 1, 2008; Ord. 5993 § 1, 2006; Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.) 18.56.025 Real estate signs. No sign permit is required, except as provided in subsection F of this section. All exterior real estate signs must be of wood or plastic or other durable material. The permitted signs are as follows: A. Residential “for sale” and “sold” signs: such signs shall be limited to one sign per street frontage not to exceed five square feet in sign area per side, placed entirely on the property for sale, and not to exceed a height of seven feet. B. Residential directional “open house” signs: such signs shall be limited to one sign per street frontage on the premises for sale and three off-premises signs. However, if a broker/agent has more than one house open for inspection in a single development or subdivision, he/she is limited to four off-premises “open house” signs in the entire development or subdivision. Such signs are permitted only during daylight hours and when the broker/agent or seller or an agent is in attendance at the property for sale. No such sign shall exceed five square feet in sign area per side. The sign may be placed along the periphery of a public right-of-way, provided it does not interfere with traffic safety, but it may not be attached to a utility pole or traffic safety device. C. Undeveloped commercial and industrial property “for sale or rent” signs: one sign per street frontage advertising undeveloped commercial and industrial property for sale or for rent is permitted while the property is actually for sale or rent. The sign shall not exceed 32 square feet in sign area per side and eight feet in height. D. Developed commercial and industrial property “for sale or rent” signs: one sign per street frontage advertising a commercial or industrial building for DI.B Page 152 of 183 ----------------------------- Ordinance No. 6459 February 28, 2013 Page 8 of 24 rent or sale is permitted while the building is actually for rent or sale. If one face of the building is less than 10 feet from the building line, the sign shall be placed on the building or in a window. The sign shall not exceed eight feet in height; if freestanding, it shall be located more than 15 feet from any abutting property line and a public right-of-way line. Said sign shall not exceed 32 square feet in sign area per side. E. Undeveloped residential property “for sale” signs: one sign per street frontage advertising undeveloped residential property for sale is permitted not exceeding 32 square feet in area per side, nor exceeding a height of eight feet. F. Additional signs: the planning and development director may grant written authorization to allow temporary off-premises signs in addition to those permitted above. A no fee permit shall be applied for prior to installing any signage. 1. The size of these signs shall be determined by the planning and development director based on factors including but not limited to surrounding land uses, sight distance and traffic safety, but in no instances shall the height of the sign exceed eight feet and the total sign face area exceed 64 square feet. Notice of adjacent property owners shall not be required. 2. Such additional signs may be used to advertise open houses, to advertise properties for sale, lease or rent, to provide directions to new developments, or similar purposes. Such signs may be placed within the public right-of-way, provided they do not interfere with traffic safety, but they may not be attached to utility poles or traffic safety devices. For the placement of signs within the public right-of-way, the planning and development director shall consult with the city engineer, police chief, risk manager and other staff as appropriate regarding the placement, size and number of signs that may be permissible within the public right-of-way and may require hold harmless agreements or similar legal instrument prior to sign placement as a condition of authorization. 3. The planning and development director shall determine the number and locations of such signs, and the period during which they may be displayed. The planning and development director shall take into account the number of existing signs in any proposed location, and may limit or prohibit new ones so as to prevent a traffic safety hazard or a detrimental effect on neighboring property. 4. Additional signs are only permitted for developments within the city limits. Advertisement of projects that are outside the city limits but place signs within the city limits is prohibited. 5. If an applicant does not follow the above provisions, then that applicant is not permitted to place any additional real estate signs for any project they may have within the city limits. (Ord. 6406 § 1, 2012; Ord. 6360 § 2, 2011; Ord. 6287 § 2, 2010; Ord. 5993 § 1, 2006.) 18.56.030 General provisions, all districts. A. Community Signs. The planning, building and community director may approve and permit to be erected entrance signs, at or near the city limits, on city public right-of-way or on privately owned parcels with the owner’s permission, on which may be listed institutional names, service clubs or organizations or points of interest or similar public information. Right-of-way use permits may be required DI.B Page 153 of 183 ----------------------------- Ordinance No. 6459 February 28, 2013 Page 9 of 24 for signs located in the public right-of-way, except as permitted by subsection (B)(1), (B)(2), I or J of this section. B. Temporary Signs. 1. Special event signage may be allowed in the RO, RO-H, CN, C-1, C-2, C-3, DUC, BP, LF, M-1, M-2, EP and the nonresidential used properties in the Terrace View District and the PUD-Lakeland Hills South subject to obtainment of temporary sign permit authorization from the city and compliance with the following as applicable: a. The area of any single sign shall not exceed 30 square feet; b. Special event signs as authorized herein shall not have the following: i. Illumination of any kind; ii. Strobing or blinking or flashing lights; iii. Electrical animation; iv. Changeable reader copy, electronic or manual; c. Special event signage shall not exceed the maximum height limitations of the underlying zoning district; d. Special event signs may have spinning elements attached to them including but not limited to flags or pennants or balloons or windsocks attached to them; provided, that they do not at any time constitute a traffic safety or pedestrian safety hazard; e. Balloons and windsock special event signage shall not be authorized to be placed in the public rights-of-way or on-site landscape areas or off-site on another private parcel of land that does not contain the business or service being advertised; f. Flag and pennant special event signage may be authorized to be placed in the public rights-of-way; provided, that placement in the public rights-of-way does not constitute a traffic safety or pedestrian safety hazard and does not create nonconformance to the Americans with Disabilities Act; g. Flag and pennant special event signage may be authorized to be placed in on-site landscape areas and off-site on another private parcel of land that does not contain the business or service being advertised; provided, that placement in on-site landscape areas does not impede sight distance and that off-site placement on another property has received prior property owner authorization. 2. Banners may be allowed in the RO, RO-H, CN, C-1, C-2, C-3, DUC, BP, LF, M-1, M-2, EP and the nonresidential used properties in the Terrace View District and the PUD-Lakeland Hills South, subject to obtainment of temporary sign permit authorization from the city and compliance with the following: a. The area of any single banner used by a single business on a site shall not exceed 32 square feet; provided, that banners crossing roadways as approved by the city shall not exceed 120 square feet. b. For multitenant buildings and/or multibusiness complexes, each business shall be authorized to have a banner; provided, that the size of each banner shall be limited to maximum of 32 square feet; provided, that banners crossing roadways as approved by the city shall not exceed 120 square feet. c. Banners as authorized herein shall not have the following: i. Illumination of any kind; ii. Strobing or blinking or flashing lights; iii. Electrical animation; DI.B Page 154 of 183 ----------------------------- Ordinance No. 6459 February 28, 2013 Page 10 of 24 iv. Changeable reader copy, electronic or manual. d. Banner signage shall not exceed the maximum height limitations of the underlying zoning district. e. Banners may have spinning elements attached to them including but not limited to flags or pennants or balloons or windsocks attached to them; provided, that they do not at any time constitute a traffic safety or pedestrian safety hazard. f. Banners may be authorized to be placed in the public rights-of-way; provided, that placement in the public rights-of-way does not constitute a traffic safety or pedestrian safety hazard or does not create nonconformance to the Americans with Disabilities Act. g. Banners may be authorized to be placed in on-site landscape areas and off-site on another private parcel of land that does not contain the business or service being advertised; provided, that placement in on-site landscape areas does not impede sight distance and that off-site placement on another property has received prior property owner authorization. C. Civic Events. Street banners may be permitted subject to approval and installation in accordance with rules and procedures established by the city of Auburn public works department. D. Sign Lighting Provisions. 1. All lighting shall be arranged to reflect away from any residential zone. No person shall construct, establish, create or maintain any stationary exterior lighting or illumination system or any interior system which is intended to be viewed from a street, highway or other public thoroughfare used for vehicular traffic which system contains or utilizes: a. Any exposed incandescent lamp with wattage in excess of 25 watts; b. Any exposed incandescent lamp with a metallic reflector; c. Any exposed incandescent lamp with an external reflector; d. Any revolving beacon light; e. Any continuous or sequential flashing operation, except as allowed for changing message center signs in subsection F of this section. 2. The provisions of subsection (D)(1) of this section shall not apply to: a. Lighting systems owned or controlled by any public agency for the purpose of directing or controlling navigation, traffic, or highway or street illumination; b. Aircraft warning lights. E. Construction Provisions, Sight Distance, Exposed Angle Iron and Wire. 1. Each sign shall be adequately constructed in accordance with the requirements of the International Building Code, as amended; 2. Signs containing electrical circuitry shall meet the requirements of the National Electrical Code and all state laws, and shall include an approved testing lab sticker; 3. Signs must meet vehicular sight distance requirements established by the city engineer pursuant to the city of Auburn engineering design standards; 4. When a projecting sign is used, no angle irons, guy wires or braces shall be visible, except those that are an integral part of the overall design, such as decorative metals or woods, or unless they are required for safety. F. Changing Message Center Signs. Where permitted under this chapter, changing message center signs shall comply with the following requirements; DI.B Page 155 of 183 ----------------------------- Ordinance No. 6459 February 28, 2013 Page 11 of 24 provided, that changing message center signs that only display time and temperature or similar public service information shall be exempt from these requirements. 1. Where Allowed. Changing message center signs shall only be allowed in the I, P-1, C-1, C-2, DUC, C-3, M-1 and M-2 zones. a. In the I and C-1 zones, changing message center signs shall only be allowed on frontages along a collector, minor or principal arterial street. b. In the I zone, no changing message center sign shall operate between the hours of 10:00 p.m. and 6:00 a.m. c. In the DUC zone, changing message center signs shall only be allowed when located adjacent and oriented to Auburn Way North/Auburn Way South street frontages. (For other sign standards for the DUC zone, see ACC 18.29.060(I).) 2. Number. No more than one changing message center sign per street frontage shall be permitted on each property. 3. Sign Face Area. Except in the I and P-1 zones, the changing message center shall not constitute more than 75 percent of a sign’s total sign face area. 4. Display. a. The display of the sign shall not change more rapidly than once every one and one-half seconds. b. No scrolling message shall require more than five seconds to be displayed in its entirety. 5. Light Levels. a. Changing message center signs shall have installed ambient light monitors and shall at all times allow such monitors to automatically adjust the brightness level of the sign based on ambient light conditions. b. At no time shall a changing message center sign be operated at a brightness level greater than the manufacturer’s recommended levels. c. All lighting shall be arranged to reflect away from any residential zone. The director shall have the authority to require a sign permit application to include information to ensure the intent of this requirement is met. d. The brightness level shall not exceed 8,000 nits when measured from the sign’s face at its maximum brightness during daylight hours and 500 nits when measured from the sign’s face at its maximum brightness between dusk and dawn. 6. On-Premises Advertising Only. Changing message center signs shall only advertise on-premises products and services, or display public service messages or messages on behalf of not-for-profit organizations. 7. Additional Requirements. A copy of the manufacturer’s operating manual shall be provided to the city upon request. 8. Amortization. All changing message center signs that do not comply with the requirements of subsections (F)(4) and (5) of this section shall be brought into compliance with those requirements by April 1, 2009. G. Change of Copy. The holder of a permit, for the duration thereof, shall have the right to change the advertising copy on the structure or sign for which the permit was issued without being required to pay any additional fees. H. Exemptions. Unless otherwise specified or unless expressly prohibited, it is not the intent of this chapter to regulate the following signs: DI.B Page 156 of 183 ----------------------------- Ordinance No. 6459 February 28, 2013 Page 12 of 24 1. The flag of government or noncommercial institutions such as schools, with the poles treated as structures; 2. Official public notices, official court notices; 3. Incidental signs (see ACC 18.56.020(O), definitions); 4. Signs not visible from public right-of-way; 5. Lettering or symbols painted directly onto or flush-mounted magnetically onto an operable vehicle; 6. Painting, repainting, cleaning, repairing, and other normal maintenance unless structural or electrical changes are made; 7. Religious symbols not attached to a permitted sign; 8. Memorial signs or tablets, names of buildings, dates of erection and the like, which are incorporated into the building material and facade; 9. Signs required by law, traffic or pedestrian control signs, signs indicating scenic or historic points of interest, which are erected by or on the order of a public officer in the performance of his or her public duty; 10. Sculptures, fountains, mosaics, and design features which do not incorporate advertising or identification; 11. Temporary signs limited exclusively to noncommercial speech. I. Portable signs shall be allowed in the RO, RO-H, CN, C-1, C-3, BP, LF, M-1, M-2, EP and the nonresidential used properties in the Terrace View District and the PUD-Lakeland Hills South subject to obtainment of temporary sign permit authorization from the city and compliance with the following as applicable: 1. For single-tenant buildings and/or sites, one portable sign shall be allowed per building or property frontage, as applicable. 2. Each business in a multitenant building and/or multibuilding complex shall be limited to a maximum of one portable sign. 3. For multitenant buildings and/or multibuilding complexes that propose to place one or more portable signs within the on-site landscaped area at the intersection of two public or private streets or at a driveway intersection with a public or private street, compliance to the city’s minimum sight distance requirements shall be maintained at all times. 4. For multitenant buildings and/or multibuilding complexes that propose to place one or more portable signs along the property street frontage of a public or private street, the total number of allowable portable signs along said frontage shall be limited as follows to reduce the visual and aesthetic impact to the city: a. Zero through 25 lineal feet of public or private street frontage equals one portable sign every three lineal feet of street frontage up to a maximum of three signs at any given time. b. Twenty-six through 50 lineal feet of public or private street frontage equals one portable sign every three lineal feet of street frontage up to a maximum of four signs at any given time. c. Fifty-one through 75 lineal feet of public or private street frontage equals one portable sign every three lineal feet of street frontage up to a maximum of five signs at any given time. d. Seventy-six through 100 lineal feet of public or private street frontage equals one portable sign every three lineal feet of street frontage up to a maximum of six signs at any given time. DI.B Page 157 of 183 ----------------------------- Ordinance No. 6459 February 28, 2013 Page 13 of 24 e. One hundred through 125 lineal feet of public or private street frontage equals one portable sign every three lineal feet of street frontage up to a maximum of seven signs at any given time. f. One hundred twenty-six through 150 lineal feet of public or private street frontage equals one portable sign every three lineal feet of street frontage up to a maximum of eight signs at any given time. g. One hundred fifty-one through 175 lineal feet of public or private street frontage equals one portable sign every three lineal feet of street frontage up to a maximum of nine signs at any given time. h. One hundred seventy-six lineal feet and greater of public or private street frontage equals one portable sign every three lineal feet of street frontage up to a maximum of 10 signs at any given time. i. The planning director shall have the discretionary authority to authorize additional portable signs along a public or private street frontage when in his or her determination such allowance will not substantively impact the visual and/or aesthetic impact to the city and such allowance is warranted by physical site conditions or economic or business considerations or other factors as deemed reasonable by the planning director. 5. Portable signs shall not be located in one or more existing parking spaces on a development site. 6. Portable signs as authorized herein shall not have the following: a. Illumination of any kind; b. Strobing or blinking or flashing lights; c. Electrical animation; d. Changeable reader copy, electronic or manual. 7. Portable signs may have spinning elements including but not limited to flags or pennants or balloons or windsocks attached to them; provided, that they do not at any time constitute a traffic safety or pedestrian safety hazard. 8. Portable signs advertising a business or service not located on the same site shall be allowed to be located off-site from the business or service being advertised; provided, that prior property owner authorization has been obtained by said business operator or service provider. 9. Each portable sign shall have a maximum total sign size of 36 inches in height and 30 inches in width and be limited to two faces. 10. Portable signs shall be allowed in the public right-of-way; provided, that any and all signs are not placed within vehicle travel lanes or improved/unimproved vehicle shoulder areas or bicycle lanes, are not placed in front of or block access to marked bus transit stops, do not interfere with or impede pedestrian traffic or crossings and do not create nonconformance to the Americans with Disabilities Act. J. Off-premises directional signs shall be allowed in the RO, RO-H, CN, C- 1, C-2, C-3, DUC, BP, LF, M-1, M-2, EP, and the nonresidential used properties in the Terrace View District and the PUD-Lakeland Hills South subject to obtainment of temporary sign permit authorization from the city and compliance with the following as applicable: 1. Off-premises directional signs as authorized herein shall not have the following: a. Illumination of any kind; DI.B Page 158 of 183 ----------------------------- Ordinance No. 6459 February 28, 2013 Page 14 of 24 b. Strobing or blinking or flashing lights; c. Electrical animation; d. Changeable reader copy, electronic or manual. 2. Off-premises directional signs may have spinning elements including but not limited to flags or pennants or balloons or windsocks attached to them; provided, that they do not at any time constitute a traffic safety or pedestrian safety hazard. 3. Off-premises directional signs may be authorized to be placed in the public rights-of-way; provided, that placement in the public rights-of-way does not constitute a traffic safety or pedestrian safety hazard and does not create nonconformance to the Americans with Disabilities Act. 4. Off-premises directional signs may be authorized to be placed in on-site landscape areas, or off-site on another private parcel of land that does not contain the business or service being advertised; provided, that placement in on- site landscape areas does not impede sight distance and that off-site placement on another property has received prior property owner authorization. 5. Off-premises directional signs shall not be located in one or more existing parking spaces on a development site. 6. Off-premises directional signs shall have a maximum sign face area of 12 inches by 24 inches and a total height of 42 inches inclusive of any wood, metal, plastic or other support and a maximum of two sign faces. K. Prohibited Signs. From and after the effective date of the ordinance codified in this chapter, it shall be unlawful for any person to erect or place within the city, except as otherwise authorized: 1. A swinging projecting sign; 2. Portable signs, except as permitted by ACC 18.56.025 (Real estate signs), 18.56.040(E) (C-2 district) and subsections (I)(1) through (10) of this section; 3. Banners, pennants, ribbons, streamers, spinners, rotating or blinking lights, strings of lights, or similar devices, except as permitted by subsection B of this section (Temporary Signs); 4. Flashing signs, except as permitted in subsection D of this section (Sign Lighting Provisions); 5. Changing message center signs, except as allowed in the I, P-1, C-1, C- 2, C-3, M-1 and M-2 zones; 6. Signs attached to, or placed on, a vehicle or trailer parked on private or public property that is not associated with the business advertised on said sign(s). This provision is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle used in the normal course of business. This does not include automobile for sale signs or signs attached to franchised buses or taxis; 7. Private signs placed in or on a public right-of-way, except for as expressly permitted by this chapter; 8. Any sign which constitutes a traffic hazard or detriment to traffic safety by reason of its size, location, movement, coloring, or method of illumination, or by obstructing the vision of drivers, or detracting from the visibility of any official traffic control device by diverting or tending to divert the attention of drivers of moving vehicles from traffic movement on streets, roads, intersections, or access DI.B Page 159 of 183 ----------------------------- Ordinance No. 6459 February 28, 2013 Page 15 of 24 facilities. No sign shall be erected so that it obstructs the vision of pedestrians by glare or method of illumination or constitutes a hazard to traffic. No sign may use words, phrases, symbols or characters in such a manner as to interfere with, mislead, or confuse traffic; 9. Any sign or advertising structure or supporting structure that is torn, damaged, defaced or destroyed; 10. Signs attached to poles installed by governmental agencies, utility poles, trees, rocks or other natural features; 11. Signs attached to benches, garbage cans, or other street furniture located within the public right-of-way; 12. Rotating signs; 13. Billboards; 14. Any sign which does not structurally or materially conform to the requirements of the city’s adopted International Building Code. L. Nonconforming Signs. Permanent signs established legally prior to the adoption of the ordinance codified in this chapter that do not conform to the regulations of this chapter with regard to number, size, height or location shall be allowed to remain as legal nonconforming signs except as follows: 1. Whenever a new building replaces the principal building. 2. When there is an expansion of an existing building, the requirements of this section shall apply only if there is an increase in floor area of 25 percent or more (including the cumulative increase of previous expansions after the effective date of the ordinance amending this section). 3. Whenever a nonconforming use is replaced by a conforming use, the requirements of this section shall apply in full to the new use if and only if there is a change in required signage due to the zoning district. 4. Any sign, including the sign structure, now or hereafter existing which no longer advertises a bona fide business conducted or a product sold. Such sign(s) shall be taken down and removed by the owner, agent or person having the beneficial use of the land, building or structure upon which such sign may be found within 90 days after written notification from the building official. M. Master Sign Plans Authorized. The planning, building and community director has the authority to require a master sign plan to ensure a consistent and coordinated signage scheme for development proposals. In approving master sign plans under the provisions of this subsection, the director has the authority to approve signage schemes that allow for signs greater in area and height than allowed in the particular zone in which the development is located when a coordinated signage scheme is used. Master signage plans shall be recorded. N. Maintenance and Safety. All permanent, temporary and portable signs and components thereof must be maintained in good repair and in a safe, neat, clean and attractive condition. Failure to maintain a sign(s) in accordance with this subsection shall be subject to the code compliance provisions of the Auburn City Code. (Ord. 6406 § 1, 2012; Ord. 6403 §§ 5, 6, 2012; Ord. 6363 § 5, 2011; Ord. 6360 § 2, 2011; Ord. 6353 § 6, 2011; Ord. 6327 § 6, 2010; Ord. 6287 § 2, 2010; Ord. 6263 § 6, 2009; Ord. 6166 § 2, 2008; Ord. 5993 § 1, 2006; Ord. 5342 § 2, 2000; Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.) 18.56.040 Regulation by district. DI.B Page 160 of 183 ----------------------------- Ordinance No. 6459 February 28, 2013 Page 16 of 24 A. R-R, R-S, LHRS, R-1, LHR1, R-2, LHR2, R-3, LHR3, R-4, LHR4, R- MHP, LHRMHP Zoning Districts (Nonresidential Uses, Except as Noted). 1. Residential entry monument: a cumulative area of 50 square feet or 10 feet in height (highest point of sign structure) not to exceed two per entrance; provided, that no sign exceeds 32 square feet in area. 2. Maximum sign area of all signs is 40 square feet per frontage. 3. Freestanding Signs. a. Total number permitted: one per frontage not to exceed two total freestanding signs per property. b. Maximum height: 10 feet. c. Maximum area: 32 square feet per face, calculated at a rate of one square foot of sign area for every three lineal feet of frontage. The minimum entitlement for freestanding signs shall be one 16-square-foot sign for those sites with frontages less than 48 feet. 4. Wall Signs (for Building or Tenant Space). a. Total number permitted: one per frontage not to exceed two total wall signs per building. b. Maximum area: 32 square feet, calculated at a rate of one square foot of sign area for every three lineal feet of frontage. The minimum entitlement for wall signs shall be one 16-square-foot sign for those sites with frontages less than 48 feet. 5. Signs may be indirectly illuminated only. B. RO, RO-H, C-N, C-1, LHC1, BP Zoning Districts (Nonresidential Uses). 1. Maximum sign area of all signs is 150 square feet per frontage. 2. Freestanding Signs. a. Total number permitted: one per frontage not to exceed two total. b. Maximum height: 22 feet, 10 feet in the RO zone. c. Maximum area: 100 square feet per face, 75 square feet per face in the RO zone, calculated at a rate of one square foot of sign area for every two lineal feet of frontage. Minimum entitlement for freestanding signs shall be one sign at 32 square feet for those sites with less than 64 feet of frontage. d. If permitted, the second freestanding sign shall not exceed 50 percent of the area allowed for a single freestanding sign and 150 feet measured in a straight-line distance must separate multiple pole signs. 3. Wall Signs (for Building or Tenant Space). a. Total number permitted: one per frontage. b. Maximum area: 100 square feet, calculated at a rate of one square foot of sign area for every 1.5 lineal feet of frontage. For multitenant buildings where freestanding signage contains the name of not more than one tenant business (e.g., a prime tenant name or a shopping center name), an additional 25 percent of wall signage per tenant space shall be allowed. This increase in signage shall not apply to minimum entitlement for wall signs, which shall be one sign at 16 square feet. c. Signs may be directly or indirectly illuminated. 4. Suspended Signs. a. Total number permitted: one per entrance. b. Maximum area: six square feet per face. c. Minimum clearance is eight feet from sign to grade. DI.B Page 161 of 183 ----------------------------- Ordinance No. 6459 February 28, 2013 Page 17 of 24 5. Projecting Signs. a. Not permitted in C-N, RO or RO-H. b. Total number permitted: one in lieu of a permitted freestanding sign. c. Maximum height: height requirement of the zoning district. d. Maximum area: 50 percent of the area allowed for single freestanding signs. C. P-1, LHP1, I, LHI Zones. 1. Freestanding Signs. a. Total number permitted: one per frontage not to exceed two total. b. Maximum height: 18 feet. c. Maximum area: 80 square feet per face, calculated at a rate of one square foot of sign area for every two lineal feet of frontage. The minimum entitlement for freestanding signs is one sign at 32 square feet. d. If permitted, the second freestanding sign shall not exceed 50 percent of the area allowed for a single freestanding sign and 150 feet measured in a straight-line distance must separate multiple pole signs. e. For projects, parcels or complexes that have a single street frontage and more than 300 feet of street frontage, a changing message center sign may be permitted for a total of two signs per frontage subject to the following: i. Only one changing message center is provided. ii. Multiple signs are separated by at least 150 feet. iii. The combined area of the two signs does not exceed 120 square f eet in size and neither sign is greater than 80 square feet in size. 2. Wall Signs (for Building or Tenant Space). a. Total number permitted: two per street frontage. b. Maximum area: 50 square feet for total of all wall signs per frontage. c. Signs may be directly or indirectly illuminated. D. LF, M-1, M-2 Zoning Districts. 1. Maximum sign area of all signs is 150 square feet/frontage. 2. Freestanding Signs. a. Total number permitted: two per frontage not to exceed four total. b. Maximum height: 30 feet. c. Maximum area: 125 square feet per face, calculated at a rate of one square foot of sign area for every two lineal feet of frontage. Minimum entitlement for freestanding signs is 32 square feet for those sites without 64 feet of frontage. d. The total area of freestanding signs on any given frontage shall not exceed the area allowed for a single freestanding sign. e. The maximum height of signs located on a second or third frontage shall be 20 feet. f. Multiple freestanding signs must be separated by 150 feet measured in a straight-line distance. 3. Wall Signs (for Building or Tenant Space). a. Total number permitted: one per frontage. b. Maximum area: 100 square feet, calculated at a rate of one square foot of sign area for every 1.5 lineal feet of frontage. 4. Projecting Signs. a. Total number permitted: one in lieu of a permitted freestanding sign. b. Maximum height: height requirement of the zoning district. DI.B Page 162 of 183 ----------------------------- Ordinance No. 6459 February 28, 2013 Page 18 of 24 c. Maximum area: 50 percent of the area allowed for single freestanding sign. E. C-2 Zoning District. 1. Maximum sign area of all signs is 200 square feet. 2. Hanging signs that are designed to display the availability of a specific product in a business, limited to three square feet and no more than two such signs per business, shall be considered permanent signs, but shall not be calculated as part of the maximum allowed signage. 3. Freestanding Signs. a. Freestanding signs are not allowed on properties abutting or oriented toward Main Street. b. Total number permitted: one per frontage not to exceed two total. c. Maximum height: 20 feet. d. Maximum area: 75 square feet per face, calculated at a rate of one square foot of sign area for each lineal foot of frontage. Minimum entitlement for freestanding signs shall be one sign at 32 square feet. 4. Wall Signs. a. Total number permitted: one per frontage. b. Maximum area: 150 square feet, calculated at a rate of one square foot of sign area for every one lineal foot of frontage. For multitenant buildings where freestanding signage contains the name of not more than one tenant business (e.g., a prime tenant name or a shopping center name), an additional 25 percent of wall signage per tenant space shall be allowed. This increase in signage shall not apply to minimum entitlement for wall signs, which shall be one sign at 16 square feet. 5. Suspended Signs. One double-faced suspended sign, not exceeding three square feet per face, may be allowed for each business entrance. There shall be a minimum of eight feet of clearance between the grade and the sign. 6. Portable Signs. One portable sign may be allowed for each business entrance, not to exceed one portable sign per building frontage, subject to the following: a. May be placed within public right-of-way subject to the guidelines provided by the planning and development director in consultation with the city engineer such that sign does not interfere with pedestrian or vehicular traffic and conforms to the requirements of the Americans with Disabilities Act. b. May not exceed 36 inches in height and 30 inches in width and be limited to two faces. c. May be displayed during business hours only. d. Must be constructed of either wood or another sturdy material to ensure stability in the wind. e. May not move, spin, flash, or otherwise be animated. f. Shall meet applicable supplemental design requirements of the Auburn downtown association. 7. Supplemental Sign Standards, C-2 Zone. a. Sign Design and Construction. i. All signs, other than temporary signs, shall be made of professional, durable materials such as wood, metal, and/or glass. DI.B Page 163 of 183 ----------------------------- Ordinance No. 6459 February 28, 2013 Page 19 of 24 ii. Signs that are indirectly illuminated shall have their light sources shielded from view. iii. Internally illuminated signs are not permitted abutting or oriented toward Main Street. b. Sign Placement. i. Signs shall be oriented toward pedestrian visibility and shall be positioned at such a height as to be readable by pedestrians. ii. Externally mounted wall signs shall not be mounted so as to block building windows. F. C-3 Zoning District. 1. Freestanding Signs. a. Total number permitted: two per frontage not to exceed four total. b. Maximum height: 30 feet. c. Maximum area: 200 square feet, calculated at a rate of one square foot of sign area for every two lineal feet of frontage; provided, that the maximum size of any sign does not exceed 125 square foot per face. The minimum entitlement for freestanding signs is 32 square feet for those sites without 64 feet of frontage. d. The total area of freestanding signs on any given frontage shall not exceed the area allowed for a single freestanding sign. e. The maximum height of signs located on a second or third frontage shall be 20 feet. 2. Wall Signs (for Building or Tenant Space). a. Maximum area: 125 square feet, calculated at a rate of one square foot of sign area for every 1.5 lineal feet of frontage. 3. Projecting Signs. a. Total number permitted: one in lieu of a permitted freestanding sign. b. Maximum height: height requirement of the zoning district. c. Maximum area: 50 percent of the area allowed for single freestanding sign. 4. Suspended Signs. a. Total number permitted: one. b. Maximum placement height: 25 feet. c. Maximum area: six square feet per face. d. Minimum clearance is eight feet from sign to grade. 5. Off-Premises Signs. a. Total number permitted: one per business and one per parcel. b. Location: off-premises sign must be located in a zone that permits off- premises signs. c. Maximum height: 20 feet. d. Maximum area: 50 percent of the area allowed for single freestanding sign, calculated using the feet of frontage of the site where the sign is located. e. Must be within 750 feet of the business being advertised. f. Must be separated from any existing pole sign a minimum distance of 150 feet measured in a straight-line distance. g. Sign can be no more than two faces. h. Signs may be directly or indirectly illuminated. G. EP Zoning District. 1. Maximum sign area of all signs is 150 square feet per street frontage. DI.B Page 164 of 183 ----------------------------- Ordinance No. 6459 February 28, 2013 Page 20 of 24 2. Freestanding Signs. a. Freestanding signs shall be limited to ground signs. b. Total number permitted: one per frontage not to exceed two total. c. Maximum height: 10 feet. d. Maximum area: 100 square feet per face, calculated at a rate of one square foot of sign area for every two lineal feet of frontage. Minimum entitlement for freestanding signs is 32 square feet for those sites with less than 64 feet of frontage. e. Multiple freestanding signs must be separated by 150 feet measured in a straight-line distance. f. Minimum Yard Setbacks. i. Directly illuminated signs: 10 feet; ii. Indirectly illuminated signs: five feet. 3. Wall Signs (for Building or Tenant Space). a. Total number permitted: one per frontage. b. Maximum area: 100 square feet, calculated at a rate of one square foot of sign area for every 1.5 lineal feet of frontage. For multitenant buildings where freestanding signage contains the name of not more than one tenant business (e.g., a prime tenant name), an additional 25 percent of wall signage per tenant space shall be allowed. This increase in signage shall not apply to minimum entitlement for wall signs, which shall be one sign at 16 square feet. (Ord. 6406 § 1, 2012; Ord. 6360 § 2, 2011; Ord. 6287 § 2, 2010; Ord. 6036 § 4, 2006; Ord. 5993 § 1, 2006; Ord. 4229 § 2, 1987.) 18.56.050 Administrative provisions. A. Permits Required. Except as provided in subsection B of this section, no signs shall hereafter be erected, re-erected, constructed, altered, or maintained except as provided by this chapter and, when required, a building permit for the same has been issued by the building official. A separate permit shall be required for a sign or signs for each business entity and/or a separate permit shall be required for each group of signs on a single supporting structure. 1. Application for Permits. Application for sign permits shall be made to the building official on a form as provided by the building division. Such application shall require: a. Name of business and address where work is to be performed. b. Name and address of property owner. c. Name and title of the person completing the application. d. Name and address, telephone number of the person or firm doing the work and preferably the owner of said establishment. e. Washington contractor’s registration number, industrial use permit number, sales tax number. f. A site plan showing location of the sign in relation to buildings, property lines and street right-of-way including the size and location of all existing signs on the property. g. A scale drawing of the proposed sign or sign revision showing size, height, copy, structural and footing details, and material specifications. h. A description of work to be performed and type of sign. DI.B Page 165 of 183 ----------------------------- Ordinance No. 6459 February 28, 2013 Page 21 of 24 i. Electrical load with name of electrical contractor responsible for installation of service feed wires if other than sign contractor. j. Structural engineer’s stamp required on those signs and sign structures subject to wind and seismic forces. 2. Revocation of Permit. The building official may, in writing, suspend or revoke a permit issued under the provisions of this chapter whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this chapter. 3. Permit Fee Schedule. The fees prescribed in the city’s fee schedule must be paid to the city for each sign installation for which a permit is required by this chapter and must be paid before any such permit is issued by the building official. Fees for building permits for each sign erected, installed, affixed, structurally altered, relocated, or created by painting shall be set in accordance with the city’s fee schedule. 4. Sign permits shall be processed in accordance with the relevant timelines and procedures identified in ACC Title 14, Project Review. B. Interpretation. In all applications for permits where a matter of interpretation arises, the most restrictive definition shall prevail. (Ord. 6406 § 1, 2012; Ord. 6360 § 2, 2011; Ord. 5993 § 1, 2006; Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.) 18.56.060 Deviations, variances and appeals. A. The planning and development director may grant up to a 50 percent deviation to the provisions of this sign code related to sign height and sign area. In a petition for a deviation, the planning and development director shall have the power and duty to review, decide, grant, grant with conditions or deny the requested deviation. The planning and development director may grant a deviation from the provisions of this chapter only when the deviation is within 50 percent of the entitlement and all of the following findings of fact are met: 1. The literal interpretation and strict application of the provisions and requirements would cause undue and unnecessary hardship because of unique or unusual conditions pertaining to the specific building, parcel or property in question; and 2. The granting of the requested deviation would not be materially detrimental to the public welfare or injurious to the property or property owners in the vicinity; and 3. The granting of the deviation would not be contrary to the general objective and intent of this chapter, this title, or the comprehensive plan. B. An applicant requesting an administrative deviation under the provisions of this chapter shall submit the following, along with the required filing fee: 1. A letter in memorandum format outlining how the request is consistent with the criteria of this subsection. 2. A site plan that is accurately drawn to an engineered scale of one inch equals 40 feet, one inch equals 20 feet, one inch equals 10 feet that includes the following information: a. Boundaries and dimensions of the site, b. Location of buildings, parking areas and adjacent streets, DI.B Page 166 of 183 ----------------------------- Ordinance No. 6459 February 28, 2013 Page 22 of 24 c. Graphic representations of all existing signs including their size, height and placement on the site, d. Graphic representation of the proposed sign(s) subject to the request, e. Building elevation showing the placement of the sign on that elevation, if applicable. C. The action of the planning and development director rejecting, approving or modifying any decision or application is a final administrative decision subject to appeal to the city’s hearing examiner. Appeals of administrative decisions with regard to this chapter shall be processed consistent with ACC 18.70.050. D. The planning and development director shall render a written decision on the requested deviation request within seven business days of submittal of all required elements and filing fee. E. Requests that exceed the 50 percent deviation or those not related to allowable sign height or sign area shall be processed as a variance in accordance with ACC 18.70.010. F. The planning and development director may allow for the repair or replacement of nonconforming signs that have a significant historical or cultural element or are integral components of a building roof or facade that has a significant historical or cultural element to which the sign is a contributing component. (Ord. 6406 § 1, 2012; Ord. 6360 § 2, 2011; Ord. 6287 § 2, 2010; Ord. 5993 § 1, 2006; Ord. 4229 § 2, 1987.) 18.56.070 Liability. This chapter shall not be constituted to relieve from or lessen the responsibility of any person owning, building, altering, constructing, removing or moving any sign in the city for damages to anyone injured or damaged either in person or property by any defect therein; nor shall the city, or any agent thereof, be held as assuming such liability by reason of permit or inspection authorized herein or a certificate of inspection issued by the city or any of its agents. (Ord. 6406 § 1, 2012; Ord. 6360 § 2, 2011; Ord. 5993 § 1, 2006; Ord. 4229 § 2, 1987. Formerly 18.56.110.) 18.56.080 Conflicts repealed. All sections or parts of sections of the municipal code, all ordinances and all resolutions or parts of resolutions, in conflict herewith, be and the same, are repealed to the extent of such conflict. (Ord. 6406 § 1, 2012; Ord. 6360 § 2, 2011; Ord. 5993 § 1, 2006; Ord. 4229 § 2, 1987. Formerly 18.56.120.) 1 Code reviser’s note: Section 2 of Ord. 6406 provides: “REVERSION OF PRIOR SIGN CODE. That effective on April 22, 2013, Chapter 18.56 of the Auburn City Code, shall revert to the language of the City of Auburn Sign Code as adopted in Ordinance No. 5993 on February 6, 2006, as amended by Ordinance No. 6403, adopted on February 21, 2012, or as otherwise provided by City Ordinance.” Section 2. REVERSION OF PRIOR SIGN CODE. That effective on April 22, 2014, Chapter 18.56 of the Auburn City Code, shall revert to the DI.B Page 167 of 183 ----------------------------- Ordinance No. 6459 February 28, 2013 Page 23 of 24 language of the City of Auburn Sign Code as adopted in Ordinance No. 5993 on February 6, 2006, as amended by Ordinance No. 6403, adopted on February 21, 2012, or as otherwise provided by City Ordinance. 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, and as provided herein. INTRODUCED: __________________ PASSED: _______________________ APPROVED: ____________________ CITY OF AUBURN ________________________________ PETER B. LEWIS, MAYOR ATTEST: DI.B Page 168 of 183 ----------------------------- Ordinance No. 6459 February 28, 2013 Page 24 of 24 _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney Published: _________________ DI.B Page 169 of 183 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4920 Date: February 28, 2013 Department: Planning and Development Attachments: Memorandum Resolution No. 4920 Exhibit A Budget Impact: $0 Administrative Recommendation: For discussion. Background Summary: See attached memorandum. Reviewed by Council Committees: Other: Planning, Legal Councilmember:Backus Staff:Faber/Chamberlain Meeting Date:March 7, 2013 Item Number:DI.C AUBURN * MORE THAN YOU IMAGINEDDI.C Page 170 of 183 Memorandum TO: Nancy Backus, Chair, Planning and Community Development Committee John Holman, Vice Chair, Planning and Community Development Committee Largo Wales, Member, Planning and Community Development Committee CC: Mayor Lewis FROM: Daryl Faber, Parks, Arts, and Recreation Director Elizabeth Chamberlain, AICP, Planning Manager DATE: February 28, 2013 RE: Discuss the Potential Reduction of Park Impact Fees and Planning, Building, and Engineering Fees within the Downtown Catalyst Area At the February 11, 2013 Planning and Community Development Committee (PCDC) meeting, staff brought forward for discussion a proposed modification to the Park Impact Fee (PIF) for the urban center. At the conclusion of the discussion, the Committee was in favor of having a PIF at 50% of the rate for the urban center or $1,750.00 (rate for residential is $3,500.00). Since the February 11, 2013 PCDC meeting, staff has engaged in further conversations about additional incentives for developing within the urban center, and more specifically the Downtown Catalyst Area (see Exhibit A to Draft Resolution No. 4920). The City of Auburn has previously taken many steps to promote redevelopment within Downtown Auburn such as preparation of an Environmental Impact Statement, exempting traffic impact fees for the four block Auburn Junction area, and investing in infrastructure improvements through the South Division Promenade and City Hall Plaza/Plaza Park projects. There is currently real and substantive interest from private sector development parties where additional incentives towards development can be the tipping point in whether a project can move forward. Through front end incentives now, redevelopment will provide future property tax and sales tax benefits to the City from properties that are currently undeveloped or underdeveloped. Draft Resolution No. 4920 proposes to reduce the PIF by 75% or to $875.00 per residential unit, and reduce the planning, building, and engineering review fees also by 75%. The fee reduction would only apply to the parcels outlined in Section 3 of Draft Resolution No. 4920 and shown in Exhibit A to Draft Resolution No. 4920. The fee reduction also only applies to development projects that have received all necessary and required development approvals from the City including planning approval, environmental review approval, building permit approval, and engineering approval inclusive of facilities extension agreement approval by the sunset date of December 31, 2013. DI.C Page 171 of 183 Discussion Questions: 1. Does the Committee support the proposed incentives to reduce the PIF and planning, building, and engineering review fees by 75% for projects only in Downtown Catalyst area? 2. Does the Committee have any changes to the draft Resolution? 3. Does the Committee have any questions or additional information needs regarding the draft Resolution? DI.C Page 172 of 183 ---------------------------- Resolution No. 4920 February 26, 2013 Page 1 of 5 RESOLUTION NO. 4 9 2 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, TEMPORARILY REDUCING BUILDING, PLANNING AND ENGINEERING RELATED FEES AND TEMPORARILY REDUCING PARK IMPACT FEES (PIF) FOR THE PERIOD FROM THE EFFECTIVE DATE OF THIS RESOLUTION THROUGH DECEMBER 31, 2013, FOR DEVELOPMENT PROJECTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN FOR WHICH COMPLETED APPLICATIONS HAVE BEEN SUBMITTED WHEREAS, the City of Auburn has previously taken substantive steps to promote redevelopment of Downtown Auburn including but not limited to the preparation of an Environmental Impact Statement (EIS), obtainment of a Regional Center designation from the Puget Sound Regional Council and the preparation and approval of design guidelines and standards; and WHEREAS, despite ongoing economic impacts from the Great Recession, there is current real and substantive interest from private sector development parties in the development of residential, retail and office development in Downtown Auburn; and WHEREAS, the City of Auburn desires to promote and incentivize private sector development investment in its downtown core to realize future property tax and sales tax benefits to the citizens of Auburn from currently undeveloped and underdeveloped properties in said downtown core; and WHEREAS, the City of Auburn City Council is able under current state and local regulations to make adjustments to certain fees charged to private sector development interests and more specifically to fees charged for building DI.C Page 173 of 183 ---------------------------- Resolution No. 4920 February 26, 2013 Page 2 of 5 review, planning review and engineering review including the facility extension agreement process and for park impacts fees; and WHEREAS, the City of Auburn believes that the aforementioned fee adjustments will be a major factor in enticing private sector development interests to commit to developing on certain parcels in Downtown Auburn; and WHEREAS, the City of Auburn believes that the period of availability for the aforementioned fee adjustments should be limited to no later than December 31, 2013 and that such limitation will help spur near-term private sector development investment; and WHEREAS, there are certain “catalyst properties” in the Downtown Core whose redevelopment will in addition to increasing property and sales tax collections in the Downtown Core act as an impetus to future downtown development and redevelopment through a substantive increase in downtown residents and employees. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON HEREBY RESOLVES as follows: Section 1. That the City’s Master Fee Schedule shall be modified to authorize a seventy-five percent reduction in fees charged by the City of Auburn for building review, planning review and engineering review inclusive of the facilities extension agreement process applicable only to those parcels of land specified as the “catalyst properties” in Section 3. Section 2. That the City’s Master Fee Schedule shall be modified to authorize a seventy-five percent reduction in park impact fees (PIF) charged by DI.C Page 174 of 183 ---------------------------- Resolution No. 4920 February 26, 2013 Page 3 of 5 the City of Auburn, applicable only to those parcels of land specified as the “catalyst properties” in Section 3. Section 3. That the following parcels of land shall be considered “catalyst properties” (Exhibit “A”) in the City’s Downtown Core and shall be eligible for application of the aforementioned fee adjustments: Parcel No. 7815700115 Parcel No. 7815700110 Parcel No. 7815700095 Parcel No. 7815700135 Parcel No. 7815700240 Parcel No. 7815700225 Parcel No. 7815700250 Parcel No. 7815700265 Parcel No. 7815700380 Parcel No. 7815700370 Parcel No. 7815700390 Parcel No. 7815700410 Parcel No. 7815700325 Parcel No. 7815700326 Parcel No. 7815700327 Parcel No. 7815700310 Parcel No. 7815700305 Parcel No. 7815700300 DI.C Page 175 of 183 ---------------------------- Resolution No. 4920 February 26, 2013 Page 4 of 5 Parcel No. 7815700295 Parcel No. 7815700290 Parcel No. 7815700285 Parcel No. 7815700280 Parcel No. 7815700075 Parcel No. 7815700070 Parcel No. 7815700047 Parcel No. 7815700030 Parcel No. 7815700020 Parcel No. 7815700015 Parcel No. 7815700005 Parcel No. 0492000460 Parcel No. 0492000461 Parcel No. 0492000463 Section 4. That the modifications to the City’s Master Fee Schedule shall only be made available to those development projects on the aforementioned “catalyst properties” that have received all necessary and required development approvals from the City including planning approval, environmental review approval, building permit approval and engineering approval inclusive of facilities extension agreement approval. Section 5. That the modifications to the City’s Master Fee Schedule specified in Sections 1 and 2 of this Resolution shall expire on December 31, 2013, and the prior rates shall thereafter apply. DI.C Page 176 of 183 ---------------------------- Resolution No. 4920 February 26, 2013 Page 5 of 5 Section 6. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 7. That this Resolution shall take effect and be in full force as provided herein, and 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 DI.C Page 177 of 183 7815700250 0492000460 7815700135 7815700225 7815700240 7815700380 7 8 1 5 7 0 0 0 4 7 7 8 1 5 7 0 0 3 7 0 78157004107815700390 0492000461 0492000463 7815700005 7815700280 7815700075 7815700030 7815700110 7815700305 7815700290 7815700265 7815700310 7815700115 7815700300 7815700295 7815700095 7815700020 7815700070 7815700015 7815700285 7815700327 7815700326 7815700325 A ST SE W MAIN ST A ST NW E MAIN ST 3RD ST SW C ST SW AUBURN AVE NE A ST SW S DIVISION ST 1ST ST NW 2ND ST SW 2ND ST SE 1ST ST NE N DIVISION ST TRANSIT RD SW 1ST ST SE1ST ST SW B ST SW B ST NW A PL SE 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. Exhibit A Parcels of Interest Other Parcels Printed On: 2/21/2013Map ID: 4178 DI.C Page 178 of 183 AGENDA BILL APPROVAL FORM Agenda Subject: PCDC Matrix Date: February 27, 2013 Department: Planning and Development Attachments: PCDC Matrix Budget Impact: $0 Administrative Recommendation: For discussion. Background Summary: Reviewed by Council Committees: Other: Planning Councilmember:Backus Staff:Tate Meeting Date:March 7, 2013 Item Number:DI.E AUBURN * MORE THAN YOU IMAGINEDDI.E Page 179 of 183 PC D C W o r k P l a n M a t r i x – M a r c h 7 , 2 0 1 3 Pl e a s e N o t e : N e w a d d i t i o n s u n d e r l i n e d , d e l e t i o n s r e mo v e d . Ma r c h 7 , 2 0 1 3 LA N D U S E C O D E S / P O L I C I E S To p i c / I s s u e Ne x t o n P C D St a f f / C o u n c i l Le a d Co m m e n t s 1 • M u c k l e s h o o t T r i b e TB D C h a m b e r l a i n St a f f t o s t a y i n t o u c h w i t h P l a n n i n g D e p t . a n d k e e p coordination & co m m u n i c a t i o n o p e n w i t h T r i b e . T h e C i t y m e t w i t h t he Muckleshoot Tribe Ma r c h 2 6 , 2 0 1 2 . 2 Co d e A m e n d m e n t s • S h a r e d S t u d e n t R e n t a l Ho u s i n g TB D C h a m b e r l a i n St a f f m e t w i t h C o m m i t t e e 2 / 1 1 / 1 3 t o d i s c u s s s t u d e n t rental housing surrounding Gr e e n R i v e r C o m m u n i t y C a m p u s . S t a f f t o r e t u r n w i t h more information for po t e n t i a l c o d e a m e n d m e n t s a n d p u b l i c o u t r e a c h . • C l u s t e r S u b d i v i s i o n 20 1 3 Ch a m b e r l a i n S t a f f t o p r e p a r e d r a f t r e g u l a t i o n s f o r th e P l a n n i n g C o m m i s s i o n t o r e v i e w . • C o t t a g e H o u s i n g 20 1 3 Ch a m b e r l a i n S t a f f t o p r e p a r e d r a f t r e g u l a t i o n s f o r th e P l a n n i n g C o m m i s s i o n t o r e v i e w . • C e l l T o w e r s TB D Ch a m b e r l a i n Re v i e w e d b y P C D C o n 9 / 1 0 / 1 2 a n d c o d e d i s c u s s e d a t P lanning Commission on 10 / 2 / 1 2 . S t a f f t o r e t u r n t o P l a n n i n g C o m m i s s i o n w i th more information to di s c u s s o n c e l l t o w e r p r o p o s e d c o d e c h a n g e s . • E n v i r o n m e n t a l P a r k D i s t r i c t 20 1 3 An d e r s e n C o d e c o n c e p t s a n d i d e a s t o b e d e v e l o p e d b a se d o n C o u n c i l r e t r e a t d i r e c t i o n . • A g r i t o u r i s m TB D Ch a m b e r l a i n St a f f t o b r i n g b a c k o n c e t h e P l a n n i n g C o m m i s s i o n h a s reviewed and made their re c o m m e n d a t i o n . 3 Ur b a n C e n t e r • H e a l t h c a r e D i s t r i c t O v e r l a y 20 1 3 Ch a m b e r l a i n S t a f f t o d e v e l o p w o r k p l a n . • T A D A Ma r c h 2 5 C h a m b e r l a i n Th e A u b u r n D o w n t o w n A s s o c i a t i o n w i l l p r o v i d e a n u p d ate at the 3/11/13 me e t i n g . • A m t r a k Ma r c h 2 5 M a y o r L e w i s Ci t y t r a c k i n g p o t e n t i a l s t a t i o n s t o p s e x p a n s i o n s t u dy by Amtrak. Public Works st a f f t o u p d a t e C o m m i t t e e o n o u t c o m e o f f e a s i b i l i t y study for station stop ex p a n s i o n a t t h e 3 / 2 5 / 1 3 m e e t i n g . DI.E Page 180 of 183 Ma r c h 7 , 2 0 1 3 Page 2 To p i c / I s s u e Ne x t o n P C D St a f f / C o u n c i l Le a d Co m m e n t s • D o w n t o w n P a r k i n g Ma n a g e m e n t P l a n Ma r c h 2 5 C h a m b e r l a i n Pa r k i n g i n v e n t o r y c o m p l e t e , p u b l i c s u r v e y c o m p l e t e d and data compilation be i n g c o n d u c t e d . S t a f f r e v i e w e d t h e d r a f t T a b l e o f Contents with Committee on 10 / 0 8 / 1 2 . 4 H i s t o r i c P r e s e r v a t i o n S t r a t e g i e s 20 1 3 Ch a m b e r l a i n S t a f f w i l l f o r m u l a t e a s t r a t e g y a c t i o n pl a n a n d b r i n g b a c k t o C o m m i t t e e . 5 St r a t e g y A r e a s f o r Po p u l a t i o n / B u s i n e s s / E m p l o y m e n t 20 1 3 Ch a m b e r l a i n Co d e c o n c e p t s a n d i d e a s t o b e d e v e l o p e d b a s e d o n C o uncil retreat direction. 6 P e d e s t r i a n K i o s k s T B D C h a m b e r l a i n Fu n d i n g o p t i o n s a n d i d e a s t o c o n s t r u c t a n d i n s t a l l the remaining 6 pedestrian ki o s k s d o w n t o w n . C o m m i t t e e t o o k a c t i o n o n 1 / 2 8 / 1 3 recommended Council ap p r o v a l f o r t h e c o n s t r u c t i o n a n d i n s t a l l a t i o n o f t hree kiosks. EN V I R O N M E N T A L 7 A u b u r n E n v i r o n m e n t a l P a r k A s N e e d e d A n d e r s e n S t a f f i s c o o r d i n a t i n g w i t h W S D O T o n P h a s e I I a c q u i s i t i o n opportunities. PA R K S , A R T S & R E C R E A T I O N 8 L e a H i l l / G r e e n R i v e r C C P a r k T B D F a b e r Un d e r C o n s t r u c t i o n ( 5 4 % c o m p l e t e ) . No v e m b e r s u s p e n s i o n ( i n a c c e s s i b l e s i t e du e t o w e a t h e r ) . R e s t a r t i n F e b r u a r y i f c o n d i t i o n s permit. General Construction an t i c i p a t e d b e i n g c o m p l e t e i n M a r c h w i t h C i t y I m p r o vements scheduled through Ma y . P a r k t o o p e n J u n e o f 2 0 1 3 . CO M M U N I T Y S E R V I C E S D I V I S I O N 9 B u i l d i n g C o m m u n i t y TB D Hu r s h PC D C r e q u e s t e d u p d a t e a t a f u t u r e m e e t i n g ; b r i e f i n g to be scheduled. 10 H u m a n S e r v i c e s C e n t e r O n g o i n g H u r s h U p d a t e s p r o v id e d a s n e e d e d o r r e q u e s t e d . 11 Un i f y c o m m u n i t i e s t h r o u g h ce n t r a l i z e d c o m m u n i c a t i o n a n d ou t r e a c h TB D H u r s h C o m m u n i t y S e r v i c e s t o g i v e a n n u a l u p d a t e s . BO A R D S , C O M M I S S I O N S & H E A R I N G E X A M I N E R 12 A r t s C o m m i s s i o n F a l l 2 0 1 3 F a b e r J o i n t m e e t i n g h e ld o n 1 1 / 2 6 / 1 2 w i t h P C D C . 13 H u m a n S e r v i c e s C o m m i t t e e F a l l 2 0 1 3 H u r s h J o i n t m ee t i n g h e l d 9 / 2 4 / 1 2 . DI.E Page 181 of 183 Ma r c h 7 , 2 0 1 3 Page 3 To p i c / I s s u e Ne x t o n P C D St a f f / C o u n c i l Le a d Co m m e n t s 14 H e a r i n g E x a m i n e r F a l l 2 0 1 3 D i x o n He a r i n g E x a m i n e r a t t e n d e d 1 1 / 2 6 / 1 2 m e e t i n g f o r a n n u al briefing with the Co m m i t t e e . 15 P a r k s & R e c r e a t i o n B o a r d S u m m e r 2 0 1 3 F a b e r A n n u a l u p d a t e o c c u r r e d 6 / 1 1 / 1 2 w i t h P C D C . 16 P l a n n i n g C o m m i s s i o n A u g u s t 2 0 1 3 C h a m b e r l a i n Co m m i t t e e w i l l h o l d a j o i n t m e e t i n g e v e r y s i x m o n t h s with Planning Commission. Th e n e x t m e e t i n g w i l l b e h e l d 8 / 2 0 1 3 . 17 T r a n s p o r t a t i o n , T r a n s i t , a n d T r a i l s S p r i n g 2 0 1 3 Th o r d a r s o n A n n u a l u p d a t e o c c u r r e d 5 / 2 3 / 1 2 w i t h P C D C . 18 U r b a n T r e e B o a r d F a l l 2 0 1 3 F a b e r A n n u a l u p d a t e o cc u r r e d 1 0 / 2 2 / 1 2 w i t h P C D C . CO M P R E H E N S I V E P L A N / C A P I T A L F A C I L I T I E S P L A N N I N G ( L o n g R a n g e P l a n n i n g ) 19 C o m p r e h e n s i v e P l a n U p d a t e O n - g o i n g C h a m b e r l a i n 20 1 3 – 2 0 1 4 A u b u r n C o m p r e h e n s i v e P l a n u p d a t e . M a j o r update of the co m p r e h e n s i v e p l a n f o r t h e n e x t 2 0 y e a r s + . 20 W a t e r , S e w e r , S t o r m Sc o p e : U p d a t e t o t h e W a t e r , Se w e r , a n d S t o r m Co m p r e h e n s i v e P l a n s i n c o n c e r t wi t h t h e C o m p r e h e n s i v e P l a n Up d a t e p r o j e c t . On - g o i n g P u b l i c W o r k s Up d a t e t o t h e t h r e e u t i l i t y c o m p r e h e n s i v e p l a n s a s the City updates its co m p r e h e n s i v e p l a n . 21 Tr a n s p o r t a t i o n P l a n n i n g Sc o p e : L o n g - t e r m p l a n n i n g f o r th e i n t e r r e l a t i o n s h i p b e t w e e n la n d u s e a n d t r a n s p o r t a t i o n in f r a s t r u c t u r e . On - g o i n g P a r a Co m p r e h e n s i v e T r a n s p o r t a t i o n U p d a t e a d o p t e d b y C i t y Council in 2009. Co m p r e h e n s i v e T r a n s p o r t a t i o n P l a n U p d a t e i n c o n c e r t with the Comprehensive Pl a n U p d a t e P r o j e c t . 22 Tr a n s p o r t a t i o n I m p r o v e m e n t Pr o g r a m ( T I P ) Sc o p e : 6 - y e a r t r a n s p o r t a t i o n im p r o v e m e n t p r o g r a m t h a t i s up d a t e d a n n u a l l y i d e n t i f y i n g tr a n s p o r t a t i o n r e l a t e d c a p i t a l pr o j e c t s 20 1 3 Pa r a Re v i e w o f t h e 2 0 1 3 - 2 0 1 8 T r a n s p o r t a t i o n I m p r o v e m e n t Program (TIP) has been co m p l e t e d b y t h e P C D C . C i t y C o u n c i l t o o k a c t i o n o n the 2013-2018 Tr a n s p o r t a t i o n I m p r o v e m e n t P r o g r a m ( T I P ) a t t h e 9 / 1 7/12 City Council meeting. DI.E Page 182 of 183 Ma r c h 7 , 2 0 1 3 Page 4 To p i c / I s s u e Ne x t o n P C D St a f f / C o u n c i l Le a d Co m m e n t s 23 Ca p i t a l F a c i l i t i e s P l a n Sc o p e : 6 - y e a r c a p i t a l f a c i l i t i e s pl a n f o r t h e C i t y ’ s p u b l i c fa c i l i t i e s / u t i l i t i e s On - g o i n g Fi n a n c e Up d a t e d a n n u a l l y a s n e e d e d a s p a r t o f t h e c o m p r e h e n sive plan update process. Th e 2 0 1 3 - 2 0 1 8 C a p i t a l F a c i l i t i e s P l a n a p p r o v e d b y t he City Council 12/17/12. OT H E R 24 E c o n o m i c D e v e l o p m e n t U p d a t e s A s N e e d e d M a y o r F u t ur e b r i e f i n g s t o b e p r o v i d e d a s n e e d e d . DI.E Page 183 of 183