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
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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
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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
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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
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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.
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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.
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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.
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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.
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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
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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.
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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
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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.
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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,
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Resolution No. 4908
February 7, 2013
Page 3 of 3
City Attorney
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Resolution No. 4908
Exhibit “A”
CITY OF AUBURN
2013 STORMWATER MANAGEMENT
PROGRAM
City of Auburn, WA
March 2013
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Table of Contents City of Auburn Compliance Strategy and Work Plan
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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
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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
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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
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1: Introduction City of Auburn 2013 SWMP
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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.
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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.
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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.
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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.
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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
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• 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
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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.
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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.
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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
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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.
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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.
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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.
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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
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CITY OF AUBURN 2013
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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.
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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
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CITY OF AUBURN 2013
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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.
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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
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APPENDIX A
Acronyms and Definitions
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Appendix A: Acronyms and Definitions City of Auburn 2013 SWMP
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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
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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.
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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.
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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,
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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
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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
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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
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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
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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
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Ordinance No. 6459
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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
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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.
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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
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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
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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;
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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;
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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:
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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.
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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;
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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
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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.
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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.
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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.
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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
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o
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f
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th
e
P
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a
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i
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g
C
o
m
m
i
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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
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e
w
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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
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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
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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
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n
St
a
f
f
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o
b
r
i
n
g
b
a
c
k
o
n
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e
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e
P
l
a
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n
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g
C
o
m
m
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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
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c
t
O
v
e
r
l
a
y
20
1
3
Ch
a
m
b
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l
a
i
n
S
t
a
f
f
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d
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p
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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
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r
n
D
o
w
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w
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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
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p
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i
a
l
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o
n
s
t
o
p
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e
x
p
a
n
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i
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u
dy by Amtrak. Public Works
st
a
f
f
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p
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study for station stop
ex
p
a
n
s
i
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a
t
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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
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C
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c
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a
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Co
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s
•
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Ma
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P
l
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Ma
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h
2
5
C
h
a
m
b
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k
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v
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p
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,
p
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b
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c
s
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r
v
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y
c
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m
p
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d
and data compilation
be
i
n
g
c
o
n
d
u
c
t
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d
.
S
t
a
f
f
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v
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w
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d
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d
r
a
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t
T
a
b
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f
Contents with Committee on
10
/
0
8
/
1
2
.
4
H
i
s
t
o
r
i
c
P
r
e
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r
v
a
t
i
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n
S
t
r
a
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g
i
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s
20
1
3
Ch
a
m
b
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r
l
a
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n
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t
a
f
f
w
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l
l
f
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m
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l
a
t
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a
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t
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a
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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
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r
l
a
i
n
Co
d
e
c
o
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c
e
p
t
s
a
n
d
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d
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a
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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
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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
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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
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r
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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
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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
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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
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x
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n
He
a
r
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x
a
m
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e
r
a
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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
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u
m
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r
2
0
1
3
F
a
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a
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c
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d
6
/
1
1
/
1
2
w
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h
P
C
D
C
.
16
P
l
a
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n
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u
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t
2
0
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3
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h
a
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m
e
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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
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t
i
n
g
w
i
l
l
b
e
h
e
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d
8
/
2
0
1
3
.
17
T
r
a
n
s
p
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n
,
T
r
a
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2
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A
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d
5
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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
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F
a
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2
0
1
3
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.
CO
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(
L
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)
19
C
o
m
p
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P
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O
n
-
g
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C
h
a
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l
a
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n
20
1
3
–
2
0
1
4
A
u
b
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r
n
C
o
m
p
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h
e
n
s
i
v
e
P
l
a
n
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p
d
a
t
e
.
M
a
j
o
r update of the
co
m
p
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p
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2
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y
e
a
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s
+
.
20
W
a
t
e
r
,
S
e
w
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r
,
S
t
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Sc
o
p
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:
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,
Se
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7/12 City Council meeting.
DI.E Page 182 of 183
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DI.E Page 183 of 183