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HomeMy WebLinkAbout08-05-2013 CITY COUNCIL AGENDA PACKET City Council Meeting August 5, 2013 - 7:30 PM Auburn City Hall AGENDA Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I.CALL TO ORDER A.Flag Salute B.Roll Call C.Announcements, Appointments, and Presentations D.Agenda Modifications II.CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A.Public Hearings 1. Proposal to Change Private Street Names (Backus/Welch) City Council to conduct a public hearing on the proposal to change private street names from "Supermall" to "Outlet Collection" (RECOMMENDED ACTION: City Council conduct the public hearing. For further action on this item, please see Resolution No. 4965.) 2. 2013 CDBG Annual Action Plan Amendment (Backus/Hursh) City Council to conduct a public hearing on the Community Development Block Grant amendment to the 2013 Action Plan allocating additional funds. (RECOMMENDED ACTION: City Council conduct the public hearing. For further action on this item, please see Resolution No. 4977.) B.Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. C.Correspondence There is no correspondence for Council review. III.COUNCIL COMMITTEE REPORTS A.Municipal Services 1. July 22, 2013 Minutes* (Peloza) B.Planning & Community Development Page 1 of 155 1. July 22, 2013 Minutes* (Backus) C.Public Works 1. July 15, 2013 Minutes* (Wagner) D.Finance 1. July 15, 2013 Minutes* (Partridge) E.Les Gove Community Campus 1. July 24, 2013 Agenda* (Wagner) F.Council Operations Committee IV.CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A. Minutes of the July 15, 2013 Regular Meeting* B. Minutes of the June 10, 2013 Special City Council Meeting* C. Minutes of the May 8, 2013 Special City Council Meeting* D. Claims Vouchers (Partridge/Coleman) Claims voucher numbers 424165 through 424587 in the amount of $4,491,621.44 and dated August 5, 2013 E. Payroll Vouchers (Partridge/Coleman) Payroll check numbers 533975 through 534008 in the amount of $305,442.86 and electronic deposit transmissions in the amount of $1,287,358.20 for a grand total of $1,592,801.06 for the period covering July 11, 2013 to July 31, 2013. V.UNFINISHED BUSINESS There is no unfinished business. VI.NEW BUSINESS There is no new business. VII.RESOLUTIONS A. Resolution No. 4963* (Partridge/Tiedeman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a Subscription Agreement between the City of Auburn and Zonar for electronic fleet management service (RECOMMENDED ACTION: City Council adopt Resolution No. 4963.) B. Resolution No. 4965* (Backus/Welch) A Resolution of the City Council of the City of Auburn, Washington, approving the change of private street names from "Supermall" to "Outlet Collection" Page 2 of 155 (RECOMMENDED ACTION: City Council adopt Resolution No. 4965.) C. Resolution No. 4974* (Partridge/Tiedeman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to enter into a Purchase Agreement and execute a Maintenance Agreement between the City of Auburn and Sharp Business Systems for copier equipment (RECOMMENDED ACTION: City Council adopt Resolution No. 4974.) D. Resolution No. 4976* (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to perform the necessary actions to withdraw from the South King County Regional Water Association and from the joint operating agreement among the members of the association (RECOMMENDED ACTION: City Council adopt Resolution No. 4976.) E. Resolution No. 4977* (Backus/Hursh) A Resolution of the City Council of the City of Auburn, Washington, approving amendment to the 2013 Annual Action Plan Update of the Consolidated Plan (RECOMMENDED ACTION: City Council adopt Resolution No. 4977.) F. Resolution No. 4978* (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, setting a public hearing date in relation to amending the 2014-2019 Transportation Improvement Program of the City of Auburn pursuant to R.C.W. Chapter 35.77 (RECOMMENDED ACTION: City Council adopt Resolution No. 4978.) VIII. REPORTS At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A. From the Council B. From the Mayor IX.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 3 of 155 AGENDA BILL APPROVAL FORM Agenda Subject: Proposal to Change Private Street Names Date: July 30, 2013 Department: Planning and Development Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council conduct a public hearing to receive public comments and suggestions with regard to the proposal to change private street names from "Supermall" to "Outlet Collection". (Please see Resolution No. 4965 for further action.) Background Summary: Planning and Community Development Committee discussed this issue during their May 28, 2013 regular committee meeting. PCD expressed support for the renaming of the streets in order to maintain consistency with the rebranding commitment made by the mall owner, Glimcher Realty Trust. Resolution No. 4965 has the effect of changing Supermall Way SW to Outlet Collection Way SW, Supermall Drive SW to Outlet Collection Drive SW, and Supermall Access Road to Outlet Collection Address Road. Resolution No. 4965 includes an effective date of August 1, 2013 however, additional coordination with Glimcher and the Washington State Department of Transportation is necessary in order to assure that the physical replacement of street signs is occurring concurrently with replacement of wayfinding signage throughout the city and state highway signage that guides drivers to the property. It is anticipated that these activities will occur in late August or September. On July 8, 2013, the Planning and Community Development Committee voted in favor of forwarding Resolution No. 4965 to the full City Council for action. Reviewed by Council Committees: Finance, Planning And Community Development Other: Legal Councilmember:Backus Staff:Welch Meeting Date:August 5, 2013 Item Number:PH.1 AUBURN * MORE THAN YOU IMAGINEDPH.1 Page 4 of 155 AGENDA BILL APPROVAL FORM Agenda Subject: 2013 CDBG Annual Action Plan Amendment Date: July 22, 2013 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council conduct the public hearing. For further action on this item, please see Resolution No. 4977. Background Summary: The preparation of an annual action plan is required by the U.S. Department of Housing and Urban Development (HUD) in order for the City to receive federal funds under the Community Development Block Grant (CDBG) program. The City operates under a Consolidated Plan that is currently in effect for 2010-2014. The Action Plan outlines proposed expenditures to implement the goals of the City's Consolidated Plan. It identifies federal and local funds expected to be available, indicates the activities on which they will be spent, and sets goals for the number and type of services expected to be provided. The City of Auburn anticipates an additional $80,000 approximately in CDBG funds will be available for 2013 projects that are consistent with federal regulations and the objectives and policies of the Auburn Consolidated Housing and Community Development Plan. The funding will be used primarily to complete housing repair projects for low-income homeowners in Auburn and to conduct a Fair Housing analysis. The process of a substantial amendment process is required by the U.S. Department of Housing and Urban Development (HUD) in order for the City to receive federal funds under the Community Development Block Grant program. A public notice and a brief description about the amendment to the 2013 Annual Action Plan were published in The Seattle Times and posted on the City’s website. Though not required by HUD, Council will conduct a public hearing on the amendment in addition to the fifteen-day public comment period. On July 22, 2013, the Planning and Community Development Committee reviewed the preliminary draft of the amendment and recommended it be forwarded to Council for approval. The Finance committee is also scheduled to review and discuss the draft on August 5, 2013. Reviewed by Council Committees: Finance, Planning And Community Development AUBURN * MORE THAN YOU IMAGINEDPH.2 Page 5 of 155 Councilmember:Backus Staff:Hursh Meeting Date:August 5, 2013 Item Number:PH.2 AUBURN * MORE THAN YOU IMAGINEDPH.2 Page 6 of 155 AGENDA BILL APPROVAL FORM Agenda Subject: July 22, 2013 Minutes Date: July 31, 2013 Department: Police Attachments: July 22, 2013 Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Municipal Services Councilmember:Peloza Staff: Meeting Date:August 5, 2013 Item Number:MS.1 AUBURN * MORE THAN YOU IMAGINEDMS.1 Page 7 of 155 Municipal Services Committee July 22, 2013 - 3:30 PM City Hall Conference Room 3 MINUTES I. CALL TO ORDER Chair Peloza called the meeting to order at 3:30 p.m. in Conference Room 3 of City Hall, 25 West Main Street, Auburn, WA. A. Roll Call Members present: Chair Bill Peloza, Vice Chair Wayne Osborne, Member John Partridge. Staff present: Mayor Pete Lewis, Chief of Police Bob Lee, Innovation & Technology Director Ron Tiedeman, Finance Director Shelley Coleman, Parks, Arts & Recreation Director Daryl Faber, Public Works Director Dennis Dowdy, Police Commander Dave Colglazier, Maintenance & Operations Manager Randy Bailey and Police Secretary/Scribe Terry Mendoza. Others present: Citizens Carolyn Towner, Yolanda Trout and Scot Pondelick, and Auburn Reporter Representative Robert Whale. B. Announcements C. Agenda Modifications The Municipal Services Committee Agenda was modified to include the following items: Cemetery Quarterly Marketing Update and Review of all Non-Utility Enterprise Fees/Funds. Director Faber reported that from a marketing standpoint they have made many changes. New "way finding" signs have been ordered and will go up throughout the City to replace the current signs which are old, bent, and rusted out and have done an inferior job of directing citizens to the cemetery. Ads have been added to the Prime Time magazine which is a senior news publication. The new color literature has been placed in local funeral homes and includes updated pictures of Mountain View. The Cemetery is also working with the City's I&T department on getting their website up to date. There are many creative software programs available to assist in this process to include a genealogy database. The financial report shows that the Cemetery's current working capital through June is ahead of this same period in 2012. Page 1 of 5 MS.1 Page 8 of 155 Director Faber provided information on the enterprise fees/funds for the Cemetery and Golf Course. Price comparisons with other local area cemeteries shows that we are at a good pricing point. For the Golf Course, comparisons were done between other local municipally operated courses. Again, we are at a good price point and do not have much to give. We have done a great job of creatively marketing our down time which has provided impressive results. Committee discussion followed. II. CONSENT AGENDA A. July 8, 2013 Minutes Vice Chair Osborne moved to accept the Minutes as presented. Member Partridge seconded. Chair Peloza concurred. MOTION PASSED: 3-0 III. RESOLUTIONS A. Resolution No. 4974 (Tiedeman) Innovation & Technology (I&T) Director Ron Tiedeman advised the Committee on Resolution No. 4974. This resolution is for the purchase and replacement of nine (9) copiers that are currently being leased by the City. The leases are expired and I&T is working with Finance in strategic planning and replacement of this equipment. Staff evaluated information provided by seven (7) vendors on the difference between purchasing and leasing new equipment. Findings indicate there would be significant savings to the City by replacing the equipment with Capital outlay for a 4 to 5 year term based on contract pricing Sharp Business Systems offered the lowest purchase price and ongoing maintenance of the copiers. The estimated savings is figured to be between $95,000.00 to $136,000.00 over the 4-5 year term. Committee discussion followed. The Committee requested that a correction be made to include the proper identification of Exhibits A and B in the Resolution documents. Vice Chair Osborne moved to forward Resolution No. 4974 to full Council for consideration. Member Partridge seconded. Chair Peloza concurred. MOTION PASSED: 3-0 IV. DISCUSSION ITEMS A. Shopping Cart Update (Bailey) Maintenance & Operations Manager Randy Bailey provided the Committee with a quarterly update on abandoned shopping carts Page 2 of 5 MS.1 Page 9 of 155 throughout the City. Since January's report there has not been much action with shopping carts. The report provided shows that there is still $90.00 outstanding from the January 2013 Shopping Cart billings and the breakdown of those outstanding invoices. Another round of shopping cart impounds was conducted on May 10 and June 28 for a total billing of $3,160.00. The payables for these impounds are in the process of being billed to the stores. Committee discussion followed. B. Review of Street Sweepers (Dowdy) At the request of Mayor Lewis and Chair Peloza information on the City's Street Sweeping schedule was provided to the Committee by Maintenance & Operations Manager, Randy Bailey. The schedule has not changed since approximately 2009 when the City's annexation occurred. The schedule is based on a different area and within each area a different zone is worked on each week. It takes approximately one month to sweep an entire area. Due to citizen inquiries, Mayor Lewis requested a draft schedule based on a street sweeper being in a specific neighborhood on a specific day of the week/month. Manager Bailey and Mayor Lewis will meet to review the draft schedule prior to bringing it back to the Municipal Services Committee. Committee discussion followed. C. Animal Control Licensing Program (Coleman) Finance Director Shelley Coleman presented the Committee with the monthly financial update on Animal Control Licensing. The budgeted goal amount for 2013 is $96,000.00. Charts show that we are currently at $77,000.00 in revenue and sales through June. Additionally, current projections indicate a positive upswing and we are expecting to exceed our goal for this year. Committee discussion followed. D. Auburn Golf Course Financial Review (Coleman) Finance Director Shelley Coleman was asked to present additional information that was not included in the agenda packet as part of the Auburn Golf Course Financial review. Information on the working capital month to month compared to the prior year, as well as the net operating income/loss compared to the prior year were provided to the Committee members at the meeting. The working capital shows that we are less than 50% through June but this is expected to increase as we enter into the higher average months at the Golf Course. By all indications, we should be ahead of the percentage rate by September and the expenditures should continue to be on track as projected. The improvements in the net working capital and net operating income/loss are primarily due to the increased number of rounds being played this year. The Golf Course is showing six straight months of increased revenues over the previous year with revenues being up approximately $86,000.00 and expenses increasing by Page 3 of 5 MS.1 Page 10 of 155 approximately $33,000.00. The Golf Course is also showing a very positive upswing for July and Mayor Lewis commented that marketing efforts have contributed to this, as well. Member Partridge also commented that the reason for these reports was to evaluate if the Golf Course could sustain themselves and this financial information proves that they are able to sustain operations. Committee discussion followed. E. SCORE Jail Stats (Coleman) At the request of the Committee, Finance Director Shelley Coleman provided an update on the SCORE (South Correctional Entity) jail statistics. The City's contribution to SCORE for 2013 is $6,677,969.00 and is based upon 122 ADP (average daily population) or 33.98% of the operating budget. The ADP is based on the previous year's jail numbers which means 2014 will be based on the 2013 ADP figures. Our percentage of the annual debt payment is 29% and is locked in based on the 2007 ADP through the life of the debt. All member cities are locked in at their specific annual debt payment percentage based on the 2007 figures. The 2014 proposed budget shows our contribution rate at $5.3 million and is based upon 84 ADP or 27.36% of SCORE's operating budget. Additionally, with the City switching to King County for court services and moving to a regional misdemeanant jail (SCORE), the City will see approximately $2.8 million in savings. Total court costs has changed from approximately $1.5 for Probation and approximately $1.3 for SCORE. Committee discussion followed. F. Red Light Photo Enforcement (Lee) Police Chief Bob Lee updated the Committee on the 2013 second quarter statistics for our Red Light Photo Enforcement program. The primary goal of the program is to improve traffic safety through reduction of red light violations and associated collisions, and to reduce incidents of speeding in designated school zones. The 2nd quarter statistics show that we are now at a point where we are leveling out with our figures. Finance Director Shelley Coleman reported that through June expenses for the Red Light Photo Enforcement Program are trailing revenue by about $41,000.00. Chair Peloza requested the financial report include the figures for 2012 for comparison on the next quarterly report. Committee discussion followed. G. 2013 Fireworks Update (Lee) Commander Dave Colglazier provided a report to the Committee on the 2013 July 4th Fireworks. The Auburn Police Department continued to maintain their "zero tolerance" stance on the possession and/or discharge of illegal fireworks in the City. Priorities this year were to continue improving communication and collaborative Page 4 of 5 MS.1 Page 11 of 155 efforts with representatives of the Muckleshoot Indian Tribe (MIT) and to increase officer presence and enforcement in the neighborhoods with proactive fireworks patrols and response to 911 complaints of fireworks by citizens. Mike Jerry was the primary contact from the MIT for fireworks issues and communication between the MIT and the Police department went very well. The MIT amended their Fireworks Ordinance, agreeing to not allow discharge of fireworks at the stands after the 4th of July and communicated with the City giving advance notice of when the fireworks vendors would be holding their display. This was important as it allowed the City time to notify citizens of this event so they could plan accordingly. Fireworks emphasis patrols started June 24th and ran through July 5th. This start was 4 days later than in 2012 and in part due to the fact that fireworks complaints and activity at the stands was minimal during the first few weeks of June. There were 6 officers and 1 sergeant deployed to the fireworks stands for crowd control and police presence in the discharge area and stands. 22 officers, 2 motorcycle officers and 2 sergeants were assigned to fireworks emphasis patrols in the neighborhoods throughout the day. No major incidents occurred on the 4th and the discharge area was closed by 1:00 a.m. without incident. Additionally, new maps were included in this year's report indicating where the activity "hot spots" were on the 4th of July. Committee discussion followed. H. Project Matrix The Project Matrix will be updated to include the next quarterly report due dates. No further changes were identified. V. ADJOURNMENT The meeting was adjourned at 5:10 p.m. The next regular meeting is scheduled for Monday, August 12, 2013 at 3:30 p.m. in the City Hall Conference Room 3, City Hall, 25 W. Main Street, Auburn, WA. Signed this _____________ day of August, 2013. ______________________ _______________________________ Bill Peloza, Chair Terry Mendoza, Police Secretary/Scribe Page 5 of 5 MS.1 Page 12 of 155 AGENDA BILL APPROVAL FORM Agenda Subject: July 22, 2013 Minutes Date: July 30, 2013 Department: Planning and Development Attachments: July 22, 2013 Draft Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Backus Staff: Meeting Date:August 5, 2013 Item Number:PCD.1 AUBURN * MORE THAN YOU IMAGINEDPCD.1 Page 13 of 155 Planning and Community Development July 22, 2013 - 5:00 PM Annex Conference Room 2 MINUTES I. CALL TO ORDER Chair Nancy Backus called the meeting to order at 5:00 p.m. in Annex Conference Room 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 Holman, and Member Wales were present. Also present were Mayor Pete Lewis; Advisor to the Mayor Michael Hursh; Interim Planning and Development Director Jeff Tate; Public Works Director Dennis Dowdy; Parks, Arts and Recreation Director Daryl Faber; Planning Services Manager Elizabeth Chamberlain; Principal Planner Jeff Dixon; Environmental Services Manager Chris Andersen; Emergency Preparedness Manager Sarah Miller; and Planning and Development Secretary Tina Kriss. Members of the audience present: Scot Pondelick, Planning Commissioner Yolanda Trout, Susan Hauck, Dwight Hauck, Russ Campbell, Nichole Petrino-Salter, Michael R. Hassen, Councilmember Osborne, Councilmember Peloza, Joyce Terry, Rudy Terry, Thomas Sauers, and Robert Whale of the Auburn Reporter. B. Announcements 1. Presentation Using PowerPoint slides, Parks and Recreation Board member Michael Hassen and the Parks, Arts and Recreation Director Daryl Faber updated the Committee on the 2012-2013 plans and activities of the Parks and Recreation Board. There were 3,277 hours of programmed gym time in 2012. All programs, leagues, classes, birthday party packages and rentals continue to increase. The recreation division was supported by over 13,000 volunteer hours. The Senior Center events continue to serve an increasing number. Clean sweep had over 500 individuals volunteers. Petpalooza 2013 had a record setting revenue of $34,914.30. Special events revenue increased from $77,862.00 in 2011 to $89,063.00 in 2012. The off-leash dog park has been an important addition to Page 1 of 7 PCD.1 Page 14 of 155 the Community. Lea-Hill Park is nearly finished and should be opening around the end of September, 2013. The new Game Farm Park improvements have been completed with upgrades to the tennis and basketball courts. Two Green River five-acre parcels, owned by King County and the State of Washington, are currently undergoing an acquisition by the City for future development. The Park Board is currently reviewing the 10-acre Auburndale Park to make recommendations for improvements for 2014. The City received a $20,000.00 grant and was again named one of the most Playful City USA communities by KaBOOM for 2013. The Committee expressed their gratitude for the programs and services provided through the City’s Parks, Arts, and Recreation Department and the work of the Parks and Recreation Board. C. Agenda Modifications The following ACTION ITEM was added to the agenda: Resolution No. 4977 - 2013 CDBG Annual Action Plan Amendment (Hursh) Proposed Community Development Block Grant (CDBG) Annual Action Plan amendment. II. CONSENT AGENDA A. Approval of Minutes - July 8, 2013 (Tate) Member Wales moved and Vice-Chair Holman seconded to approved the July 8, 2013 Planning and Community Development Committee meeting minutes as written. Motion carried unanimously. 3-0 III. ACTION A. Resolution No. 4977 - 2013 CDBG Annual Action Plan Amendment Advisor to the Mayor Michael Hursh stated the City of Auburn has received their U.S. Department of Housing and Urban Development (HUD) funding notification for 2013. The 2013 HUD funding exceeds the amount the City has received in previous years, about 15% more. In order for the City to receive federal funds under the Community Development Block Grant Program, the City will need to provide an Action Plan as part of the City’s 2010-2014 Consolidated Plan that outlines the additional fund allocations; the recommendations of staff and the Human Services Committee are to allocate the funds to the Housing Repair Program. Page 2 of 7 PCD.1 Page 15 of 155 The Committee is supportive of Resolution No. 4977 and allocating the increased funding to the Housing Repair program. Member Wales moved and Vice-Chairman Holman seconded to recommend to City Council approval of Resolution No. 4977. Motion unanimously approved. 3-0 IV. DISCUSSION ITEMS A. City of Auburn Bicycle Route and Trail Map (Chamberlain/Yao) Planning Manager Elizabeth Chamberlain stated that in 2010 the City established a Bicycle Task Force that would guide and provide input to the City on bicycle facilities, routes and connections, and other key issues affecting bicycling options within our community. The Bicycle Task Force also assisted in creating a Bicycle Route and Trail Map for the public. Staff provided an updated map. The Committee and staff discussed bicycle rules and staff provided a “Rules of Road” brochure. The Committee recommended using the map and brochure to educate the public (i.e., inserting maps/rules with the utility billing; providing them to the Police Department; Valley Regional Fire Authority (VRFA); the Senior Center and Parks, Arts and Recreation Department; and the Auburn School District. The Committee also recommended airing a video to increase bicycle awareness on Channel 21; Cascade Bicycle Club may be a good source for obtaining an educational video. The idea of having a "Ride with the Mayor or Councilmember Day" was requested by the Committee. The Committee was supportive of the updated Bicycle Route and Trail Map and the Rules of the Road brochure and requested no changes. B. City of Auburn Floodplain Management (Andersen) As part of the fourth briefing to the Committee, Environmental Services Manager Chris Andersen, Emergency Preparedness Manager Sarah Miller, and Public Works Director Dennis Dowdy provided information on the City's flood control and flood event preparation and responses. Environmental Services Manager Andersen thanked Councilmember Peloza for his work in coordinating with King County Flood District to provide updates to the 2013-2014 flood hazard brochures. The Federal Emergency Management Agency’s (FEMA) mapping update was previously placed on hold for communities with unaccredited levies; FEMA has issued the policy to allow the updates. Staff expects the City to make the necessary updates in 2014 with FEMA guidance. Page 3 of 7 PCD.1 Page 16 of 155 As part of the flood management program the Reddington Levee Setback project has begun construction. On behalf of the Planning and Development Department, Planning Services Manager Elizabeth Chamberlain thanked Principal Planner Jeff Dixon for his work on the Reddington Levee Setback project. As the City lead and project manager, his skills played a major roll in getting the Reddington Levee Setback Project to construction on time. Planning Services Manager Chamberlain highlighted many of the elements that were undertaken by Principal Planner Dixon to complete the project in the necessary timeframe. Tom Bean, Supervising Engineer, River & Floodplain Management at King County Water and Land Use, expressed his gratitude for the work by Principal Planner Jeff Dixon. Last year at this time, the project was at a 30% design. Six approvals were needed through the City of Auburn to move the project to construction. As the City’s lead, Jeff Dixon assisted King County to receive approvals in a very limited timeframe. This was with additional, significant, design changes and outside factors complicating the process. The Committee thanked Principal Planner Dixon for his exceptional customer service to move the project forward. Public Works Director Dennis Dowdy emphasized that if the project had not started construction by July King County could not have wrapped up by mid- September, completing in-water work within the permitted fish window. Interim Planning and Development Director Jeff Tate stated that without the help of Mr. Dixon he believes the project would not have gone forward. Public Works Director Dennis Dowdy highlighted some of the actions it takes to manage the City’s floodplains and to manage the preparation for flood events. The Public Works Department’s main goal for flood management is to control the internal draining system and make sure the pump stations work to keep water out of the City during a storm event. This is all part of the planning included in the City’s Comprehensive Plan to minimize flooding. Director Dowdy discussed the King County Regional Hazard Mitigation Plan and the King County Flood Control Plan for flood event preparation. Emergency Preparedness Manager Sarah Miller reviewed the City’s flood event response program. The City’s emergency response framework is contained in Auburn’s Comprehensive Emergency Management Plan (CEMP). The City works closely with the public for flood emergency responses with outreach events, communication and training. C. Mixed Use Development Standards - C-1, Light Commercial Zone Page 4 of 7 PCD.1 Page 17 of 155 (Tate/Chamberlain) Interim Planning and Development Director Jeff Tate stated that during the June 10, 2013 PCDC discussion, PCDC provided instruction to Planning staff to work on amendments to the Title 18 standards that regulate mixed use development in the C-1, Light Commercial, zone (supportive of extending the more flexible mixed use design standards of the C-3, Heavy Commercial, zone to the C-1, Light Commercial, zone). Committee and staff reviewed the schedule for the proposed code changes that would be transmitted to the City of Auburn Planning Commission and the Committee was supportive of the schedule and the proposed changes. Chair Backus invited the audience members wishing to speak on this topic to come forward. Rudy Terry, 31011 132nd Ave. SE, Auburn. Mr. Terry stated that he has lived in the area for over 40 years. He emphasized that there are six families/owners in the area that have received offers to purchase their property but due to the current zoning, requiring 50% commercial square footage to be incorporated into mixed use development, the sales fell through. He stated there are a lot of commercial vacancies due to the zoning and is asking the City to take a good look at the zoning and make changes to provide relief to the homeowners so they can take advantage of possibilities. Thank you. D. Comprehensive Plan Amendment/Strategic Plan (Tate/Chamberlain) Interim Planning and Development Director Jeff Tate provided background information on the Comprehensive Plan and Strategic Plan updates. As part of the process of updating the plans, at the February 28, 2013 City Council Committee of the Whole (COW) discussion, the COW provided general support for utilizing the format adopted by the City of Vancouver, Washington for a strategic plan. Committee and staff reviewed Vancouver’s Strategic Plan. Committee stated the Vancouver plan is very easy to view and is not a text heavy document, the visual pictures and diagrams make it easier to understand. Committee also reviewed several examples of Comprehensive Plans and Committee concurred that they liked a more visual, less text heavy document as a format for the Comprehensive Plan. Staff explained that as part of visioning process, it would be beneficial to have an outside consultant to provide guidance and structure for the process, staff would facilitate public discussions and serve as the face of the process. Committee is supportive of staff moving forward to being the Request for Qualifications (RFQ) process. Page 5 of 7 PCD.1 Page 18 of 155 E. Parking Vehicles on Unimproved Surfaces in Residential Communities (Tate) Interim Planning and Development Director Jeff Tate stated that Auburn City code contains a number of provisions that regulate parking of vehicles within residential zones (Title 18 and Title 10). Both of these Titles are utilized when Police or Code Enforcement respond to a complaint about parking situations. Committee and staff reviewed photos handed out by staff to show the types of complaints City Code Enforcement responds to. Committee and staff discussed the Auburn City Code as it relates to parking type, location and surfaces and the issues facing residential areas and parking. Committee recommended that staff update the parking standards to reflect commercial vehicles are not allowed to park in residential districts. F. Director's Report (Tate) The new Planning and Development Director, Nancy Welch, will be starting August 5, 2013 and attending the August 12, 2013 meeting. Staff has confirmed that the Planning Commission is available for a joint meeting August 12, 2013. Don Giovanni Ristorante Italiano & Wine Bar has recently opened off Auburn Way South downtown. The Hop Jacks restaurant in the Lakeland Center will be opening at the end of July. G. PCDC Status Matrix (Tate) There were no changes or additions requested by the Committee. V. ADJOURNMENT There being no further business to come before the Planning and Community Development Committee, the meeting was adjoiurned at 7:21 p.m. DATED THIS _____________ DAY OF ______________, 2013. _____________________________________ Nancy Backus - Chair _____________________________________ Tina Kriss - Planning Secretary Page 6 of 7 PCD.1 Page 19 of 155 Page 7 of 7 PCD.1 Page 20 of 155 AGENDA BILL APPROVAL FORM Agenda Subject: July 15, 2013 Minutes Date: July 31, 2013 Department: Public Works Attachments: July 15, 2013 Draft Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Public Works Councilmember:Wagner Staff: Meeting Date:August 5, 2013 Item Number:PW.1 AUBURN * MORE THAN YOU IMAGINEDPW.1 Page 21 of 155 Public Works Committee July 15, 2013 - 3:30 PM Council Chambers MINUTES I. CALL TO ORDER Chairman Rich Wagner called the meeting to order at 3:30 p.m. in Council Chambers, located on the first floor of Auburn City Hall, 25 West Main Street, Auburn, Washington. A. Roll Call Chairman Wagner, Vice-Chair Bill Peloza, and Member Osborne were present. Also present during the meeting were: Mayor Pete B. Lewis, Public Works Director Dennis Dowdy, City Engineer/Assistant Director Dennis Selle, Assistant City Engineer Ingrid Gaub, Utilities Engineer Dan Repp, Transportation Manager Pablo Para, City Attorney Dan Heid, Engineering Aide Amber Mund, Senior Project Engineer Jacob Sweeting, Planning Manager Elizabeth Chamberlain, Traffic Engineer James Webb, Street Systems Engineer Jai Carter, Sanitary Sewer Engineer Bob Elwell, Water Utility Engineer Susan Fenhaus, Project Engineer Seth Wickstrom, and Public Works Secretary Jennifer Cusmir. Members of the public in attendance included: Citizens Scot Pondelick and Thomas Sauers. B. Announcements There were no announcements. C. Agenda Modifications There was one agenda modification which transmitted a correct draft of the July 1, 2013 meeting minutes and added Discussion Item G, King County Reddington Levee Open House, to the agenda. II. CONSENT AGENDA A. Approval of Minutes Member Osborne and Vice-Chair Peloza noted Scribner’s errors and requested they be corrected. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee approve the Public Works Committee Meeting Page 1 of 13 PW.1 Page 22 of 155 minutes for date, July 1, 2013, as amended. Motion carried 3-0. B. Right-of-Way Use Permit No. 13-10 (Mund) Auburn Days Festival and Fun Run Engineering Aide Mund explained that Girl Dog Inc. and the Home Plate Pub both have permitted uses in locations that Auburn Days has utilized in the past, and the right-of-way maps were included with the Auburn Days permit documents to make sure their uses are still accommodated. The accommodations are also noted in the special conditions of the permit, in response to questions asked by Chairman Wagner. Engineering Aide Mund identified the applicant as Auburn Days, in response to a question asked by Member Osborne. Engineering Aide Mund stated that Auburn Days is an organization with a committee and the City’s contact for the Right-of-Way Use Permit is Connie Henke. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee approve Right-of-Way Use Permit No. 13-10 for the Auburn Days Festival. Motion carried 3-0. C. Public Works Project No. CP0912 (Sweeting) Project No. CP0912, Citywide Guardrail Improvements Project Senior Project Engineer Sweeting was present. There were no questions from the Committee. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee recommend City Council grant permission to advertise for bids for Project No. CP0912, Citywide Guardrail Improvements Projects. Motion carried 3-0. D. Public Works Project No. CP1207 (Truong) Project No. CP1207, D Street Utility Improvements Chairman Wagner asked how the project is related to the RPG development, which will take place in the same vicinity. Assistant City Engineer Gaub answered that Project No. CP1207 is not related to the RPG development. The scope of the project includes the replacement of an AC water main, the removal of a sewer pump station and installation of a gravity sewer system. Page 2 of 13 PW.1 Page 23 of 155 Assistant Director/City Engineer Selle noted that the developer will be making use of the utility improvements and in terms of the resurfacing of D Street by the developer, RPG is not yet sure what work will be done on the street in the future. Selle stated that the pavement will be restored to the current condition as part of the scope of work for Project No. CP1207. Chairman Wagner asked if the utility work could be completed at the same time the developer is working on the street, making the developer responsible for funding the pavement work. Assistant Director/City Engineer Selle answered that the project is too far ahead of the development. Mayor Lewis asked if staff knew when the development work will start. Selle stated that there is no approximate start date for the RPG development at this time. Assistant Director/City Engineer Selle noted that the City will not be making street improvements to D Street; the City is only restoring the pavement impacted by the utility work. Mayor Lewis asked staff if there is need for the utility improvements. Staff confirmed that there is need. Mayor Lewis spoke about the importance of obligating the funds in the current year. Assistant Director/City Engineer Selle spoke about the benefit of switching the sewer system to a gravity line versus the pump station, which is difficult and costly to maintain. Assistant Director/City Engineer Selle also stated that the funds for the project were received from the Port as part of wetland mitigation project and there is a time limitation for expending the funds. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee recommend City Council grant permission to advertise for bids for Project No. CP1207 , D Street Utility Improvements. Motion carried 3-0. III. RESOLUTIONS A. Resolution No. 4964 (Webb) A Resolution of the City Council of the City of Auburn, Washington, Amending the City of Auburn Transportation Impact Fee Schedule to Adjust for 2013 Fees The Committee and staff reviewed the recommended updates to the Transportation Impact Fee Rate Schedule. Traffic Engineer Webb explained that instead of square feet, the independent variable being used to calculate the fees for schools is “per student,” in response to a question asked by Chairman Wagner. Page 3 of 13 PW.1 Page 24 of 155 Member Osborne asked why there is not a reference to the ITE Manual, Ninth Edition, rate calculations instead of an entirely different table included in the fee schedule. Traffic Engineer Webb explained that the City does not use the straight ITE trip generations rates, but rather makes additional calculations and adjustments to account for other factors such as the trip length. The ITE code and basic trip rates are used but the City then makes several subsequent adjustments to develop the City’s fee. Webb stated that staff included the most common land uses in the fee rate schedule table and can refer back to the ITE Manual to calculate fees for any land uses not included in the schedule. Traffic Engineer Webb answered questions asked by Member Osborne regarding potential trip generation fees for parks constructed by developers and how those fess may be calculated using the ITE Manual. Vice-Chair Peloza asked what the drivers are for the reduction in industrial, lodging and residential trip fees. Webb stated that a combination of factors affect the fees including: the ITE Manual rate has gone down slightly, the existing deficiency of the transportation system may have been a factor, and the revised project estimates for projects listed in the Transportation Improvement Program (TIP) have affected the fees. Traffic Engineer Webb explained that the Downtown trip fee schedule is new and that there is no previous schedule to compare it to, in response to a question asked by Vice-Chair Peloza. Chairman Wagner asked why there is a difference between the trip fee for Hardware/Paint Stores and Home Improvement Superstores. Traffic Engineer Webb answered that the ITE defines a paint store differently than a Home Improvement Superstore because the superstore would have a greater square footage and therefore would generate more trips. Traffic Engineer Webb answered questions asked by Chairman Wagner regarding the trip reduction fee for High Turnover Restaurants and Drive-Thru Espresso Stands. The Committee and staff reviewed the Transportation Impact Fee Table 1. Traffic Engineer Webb responded to a question asked by Vice-Chair Peloza regarding the Downtown Fee Reduction Page 4 of 13 PW.1 Page 25 of 155 Percentages. Chairman Wagner asked about the data that drove the recommended reductions of the Downtown fees. Transportation Manager Para stated that a combination of local data and data from neighboring jurisdictions was used to develop the percentages. Para noted that the local data, studies and analysis, are probably more accurate than the national ITE studies. The Committee, Mayor Lewis and staff discussed the differences between local data versus national data provided by ITE. The Committee and staff reviewed the comparisons with other jurisdictions table. Traffic Engineer Webb responded to questions asked by Mayor Lewis regarding the difference in the General Office fees of the City of Auburn and the City of Federal Way. Mayor Lewis commented that the City’s direct competition, the City of Federal Way, fee for general office space is approximately $2.50/ sq ft lower. The Committee and Mayor Lewis discussed how to be more competitive when encouraging certain types of development. Assistant Director/City Engineer Selle answered questions asked by Chairman Wagner and Mayor Lewis regarding street improvement requirements in the downtown area. Chairman Wagner asked that a follow-up analysis of the fee structure and the impacts on competitive economic development be competed and asked that the presentation of the analysis to the Committee be added to the action tracking matrix. Mayor Lewis suggested Public Works staff work with Planning and Development staff on the analysis together and the results be taken to both the Public Works Committee and Planning and Community Development Committees. The Committee asked that Resolution No. 4964 be moved forward to the City Council Meeting for adoption. It was moved by Vice-Chair Peloza, seconded by Member Osborne that the Committee recommend City Council adopt Resolution No. 4964, as amended, correcting the percentages. Motion carried 3-0. B. Resolution No. 4971 (Elwell) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor to Execute a Payback Agreement for a Developer’s Extension (Kersey Water Improvements) Between the City of Auburn and Kersey 3 LLC Page 5 of 13 PW.1 Page 26 of 155 Sanitary Sewer Engineer Elwell reviewed the payback agreement process for both the water improvements and sewer extension. Elwell explained that at the point that the developer and City had reached a fair distribution of the cost for the improvements; the City prepared a 21-day letter which went out to all of the property owners that may be affected by the payback agreement. In the letter staff specified what the improvements are, the amount property owners could be charged, depending on how they develop their property, and staff also emphasized, in the letter, that property owners would not be subject to any payback fees unless they actually connect to the City water and sewer utilities in the future. Chairman Wagner stated that his primary concern is sewer and asked if a property owner’s septic system fails would they be required to connect to City sewer, as stated in the current City policy. Assistant Director/City Engineer Selle answered that the property must be within a certain distance of the City sewer for that policy to apply. Sewer Utility Engineer Elwell stated that the property must be within 200 feet of a sewer line per both County and City requirements. Assistant Director/City Engineer Selle stated that the payback agreement would only apply when and if a property owner connects to either water or sewer in the future. In the case of the sewer utility, if properties were developed and a sewer Local Improvement District (LID) was formed, or if the property’s septic system fails and the property is within 200 feet of sewer service, the property owner would have to connect and the payback agreement would be enforced. No payback fees are paid until the property is actually connected to the City’s utility system. Assistant Director/City Engineer Selle continued, explaining that the letters mailed to property owners also directs them to the City’s website, where there are larger maps and on the website it is also emphasized that the payback agreement only applies when the property owner connects to the City’s water and sewer systems. There is also a dedicated phone line and email address for people to call with questions and the opportunity to schedule meetings with City staff to discuss the agreements. Assistant Director/City Engineer Selle stated that staff has received no protest from property owners. Chairman Wagner asked City Attorney Heid if the explanation of the word “owner” used in the agreement is adequate. City Attorney Heid stated that the agreement being used is a standard agreement which speaks to the ownership of the property and the wording is standard. City Attorney Heid stated that he has no concern having no Page 6 of 13 PW.1 Page 27 of 155 definition for the term “owner” however changes could be made to clarify. Chairman Wagner asked if the City has the ability to recuperate the cost for removing illicit sewer connections. City Attorney Heid stated that there are several statutes that address the recovery of water and sewer rights and costs. The Committee and City Attorney Heid discussed the owner obligations assigned by the payback agreement and whether or not the definition of owner be more rigidly defined. Assistant Director/City Engineer Selle and Sewer Utility Engineer Elwell responded to questions asked by Member Osborne regarding the properties identified on the map. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee recommend City Council adopt Resolution No. 4971. Motion carried 3-0. C. Resolution No. 4972 (Elwell) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor to Execute a Payback Agreement for a Developer’s Extension (Kersey Sewer Extension) Between the City of Auburn and Kersey 3 LLC Sewer Utility Engineer Elwell explained to the Committee how the developer divided the basin into three different areas in order to more fairly distribute sewer extension charges to property owners. The Committee reviewed the larger scale map provided by Sewer Utility Engineer Elwell. Assistant Director/City Engineer Selle and Sewer Utility Engineer Elwell explained the different requirements and costs for the three different segments. Sewer Utility Engineer Elwell responded to questions asked by Member Osborne regarding the cost to property owners that connect to the City sewer utility. Assistant Director/City Engineer Selle stated that because there was not a large expenditure involved, the developer chose not to apply for a storm utility payback agreement, in response to a question asked by Chairman Wagner. Assistant Director/City Engineer Selle answered questions asked by Chairman Wagner regarding the size of the storm facility constructed by the developer. Page 7 of 13 PW.1 Page 28 of 155 Sewer Utility Engineer Elwell stated that letters were sent out to approximately 230 properties, in response to a question asked by Vice-Chair Peloza. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee recommend City Council adopt Resolution No. 4972. Motion carried 3-0. D. Resolution No. 4973 (Truong) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor and City Clerk to Execute an Agreement Between the City of Auburn and the Lowest Responsible Bidder for Public Works Contract Number 13-07 Project Number CP1120 Lea Hill Safe Routes to School Improvements Assistant City Engineer Gaub reviewed the scope of the project with the Committee. Gaub identified the locations of the schools on the vicinity map. Mayor Lewis stated that the school district supports the project. In response to a question asked by Member Osborne, Assistant City Engineer Gaub explained that the resolution authorizes the Mayor to award the contract to the lowest responsible bidder for the project as long as the total anticipated costs of the project and the bid amount does not exceed the budgeted amount for the project, which is $432,500.00. in response to a question asked by Member Osborne. Assistant City Engineer Gaub reviewed the cost of all of the activities included in the project’s budget and spoke about how the contract will be awarded following adoption of Resolution No. 4973, in response to questions asked by Member Osborne. Assistant City Engineer Gaub noted that there is a deadline by which the funds for the project must be allocated to meet the grant requirements. Chairman Wagner suggested that the wording in future resolutions authorizing the Mayor to award contracts be updated. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee recommend City Council adopt Resolution No. 4973. Motion carried 3-0. E. Resolution No. 4975 (Wickstrom) Page 8 of 13 PW.1 Page 29 of 155 A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor to Award and Execute an Agreement with the Lowest Responsible Bidder for Construction of Public Works Contract Number 13-06 for Project Number CP1302, 2013 Pavement, Patching, Chipseal, and Overlay Project Mayor Lewis and the Committee discussed the benefit of the wording in Resolution No. 4975 remaining more flexible so the project can be expanded if funds are available. Chairman Wagner asked that citizens be provided with more educational materials regarding the chipseal process and how/when to travel over chipsealed streets. Project Engineer Wickstrom stated that the information can be included on the project flyers for the local streets. Mayor Lewis and Director Dowdy addressed questions asked by Vice- Chair Peloza regarding the condition of the double chipseal on 320th Street. The Committee and staff discussed whether or not tight turns are good candidates for double chipseal treatments. Chairman Wagner asked staff to conduct research on the matter and asked that the item be placed on the action tracking matrix. Vice-Chair Peloza noted that the chipseal treatment at the turn at 105th Street/320th Street has not deteriorated. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee recommend City Council adopt Resolution No. 4975. Motion carried 3-0. IV. DISCUSSION ITEMS A. Senior Utility Discount and Rebate Program (Coleman) Finance Director Coleman stated that the costs of the utility discount and rebate program are covered by the utility funds, in response to a question asked by Vice-Chair Peloza. Member Osborne asked if King County has a similar rebate program. Finance Director Coleman answered that they do not. B. May 2013 Financial Report (Coleman) Finance Director Coleman answered questions asked by Chairman Wagner regarding Municipal Court and Probation decrease in year-to- date expenditures for 2013 versus 2012. Finance Director Coleman answered questions asked by Vice-Chair Peloza regarding the operating loses in the utility funds. Chairman Wagner spoke about the addition of the phasing in of the Page 9 of 13 PW.1 Page 30 of 155 sewer utility depreciation. Finance Director Coleman explained the reasons Sewer-Metro Utility shows an operating loss, in response to a question asked by Chairman Wagner. One reason is the manner by which the County bills and the City remit payment for services. Another reason is a past decrease in water flows and usage. Finance Director Coleman spoke about the rolling quarterly billing system. Finance Director Coleman stated that she would provide the Committee with additional information regarding the utilities’ accounts receivable and working capital. C. Comprehensive Transportation Plan Updates (Webb) Traffic Engineer Webb distributed copies of the sections of the Comprehensive Transportation Plan related to Levels-of-Service, section 2 and section 5. Chairman Wagner asked if other jurisdictions measure levels-of- service based on corridors. Traffic Engineer Webb stated that the most common measure used by the majority of jurisdictions is intersection based levels-of-service, but there are jurisdiction that review corridors as well. There are also jurisdictions, such as the City of Seattle, that use screenlines. Chairman Wagner asked if staff receives any complaints about specific intersections. Transportation Manager Para said that system wide, the City is in good shape in terms of levels-of-service. There are a couple of locations near the state route ramps that are difficult to coordinate. Transportation Manager Para also spoke about the p.m. peak capacity issues on Auburn Way South. Mayor Lewis asked, from staff’s perspective, which method or measurement is more valuable, corridor or intersection. Assistant Director/City Engineer Selle stated that staff preferred to utilize both methods. Chairman Wagner spoke about his concerns regarding level-of- service for traffic traveling in the east/west direction. Mayor Lewis noted that developers have not have concerns regarding east/west traffic flow. Chairman Wagner requested that some analysis be done on east/west traffic levels-of-service. Chairman Wagner suggested not focusing too much on regional coordination but more consideration be given to bicycle transportation, using the information gathered from the Bicycle Task Force. Chairman Wagner asked that Amtrak be mentioned in the Page 10 of 13 PW.1 Page 31 of 155 Comprehensive Plan. It was also recommended by Chairman Wagner that the addition of the traffic impact fees in the downtown area and the expansion of transit options be included in the plan. Chairman Wagner asked that the section on air transportation be expanded. Chairman Wagner spoke about the importance of the area around the airport and economic development. The Committee and Mayor Lewis discussed FAA restrictions. Assistant Director/City Engineer Selle stated that the Transportation Comprehensive Plan is an element of the City’s overall Comprehensive Plan, which is updated annually as needed, in response to a question asked by Chairman Wagner. Transportation Manager Para said that other than traffic impact fees and frontage improvements there are generally no private sector contributions to transportation projects. Vice-Chair Peloza spoke about the possibility of citizens bequeathing their estates to the City to the transportation system. Member Osborne recommended enhancing the transit section of the plan so it may be used by Metro when they set their guidelines, which may be beneficial to the City. Transportation Manager Para stated that staff is looking into levels-of-service related to transit. Chairman Wagner noted that the City’s willingness to form transportation partnerships should be included in the plan. Mayor Lewis agreed. Member Osborne spoke about the City’s lack of a transit system and connects to the Sounder Train. Mayor Lewis discussed ways to increase the City’s opportunity to become a transfer/transit hub and the benefit of such. D. Capital Project Status Report (Gaub) Item 4 – C201A – M Street Underpass: Chairman Wagner asked if there is some artwork included in the project’s scope. Assistant City Engineer Gaub stated that artwork was discussed with the committee during the design phase, but was not included in the final project scope. Item 18 – CP1109 – 2011 Storm Pipeline Repair and Replacement Phase 2: Assistant City Engineer Gaub noted that the advertisement for bids date has been changed from July to September because there are some underground conflicts that need to be designed Page 11 of 13 PW.1 Page 32 of 155 around causing a slight delay. Assistant City Engineer Gaub stated that staff is starting to use Microsoft Project software recently installed to manage smaller projects, in response to a question asked by Member Osborne. E. Significant Infrastructure Projects by Others - Public Works Status Report (Gaub) Item 2 – 15th Street NW Gas Line: Assistant City Engineer Gaub stated that the gas line is in and the majority of the pavement restoration is complete. Additional work to replace the pavement still needs to be completed on M Street NW in an area where the City requested it be redone. Member Osborne asked about work being done on the east side of R Street between 2nd and 3rd Streets NE. Assistant City Engineer Gaub stated that PSE is replacing gas lines and doing some directional drilling. Item 8 – SR 18 Neely Bridge Improvements: Director Dowdy noted that there will be regional detours through the City due to the closure of eastbound SR 18. Assistant City Engineer Gaub stated that there will be a complete closure of east bound SR 18 that will affect traffic over the last weekend in July. There is other work the State is planning on SR18 that may affect traffic for several weeks but does not involve a full closure of SR18. Assistant Director/City Engineer Selle distributed maps for the state’s unofficial detour routes to the Committee. F. Action Tracking Matrix (Dowdy) Item A – Active Capital Improvement Projects Map: Assistant City Engineer Gaub presented the updated map to the Committee. Item K – Street Lamp Installation 112th & 259th Street: Vice-Chair Peloza asked for an update. Transportation Manager Para reported that staff has heard back from PSE and the light has been added to the list of street lights to be installed. Transportation Manager Para stated that staff is still compiling the list of street lights to be installed under the Mayor’s authority. G. King County Reddington Levee Open House (Dowdy) Director Dowdy stated that the open house was not very well advertised by King County and was not well attended. Director Dowdy reported that there was no information discussed at the meeting that staff and the Council were not already aware of. Director Dowdy also said that the project is being very well Page 12 of 13 PW.1 Page 33 of 155 coordinated. H. Additional Discussion Chairman Wagner and Mayor Lewis discussed the Lakeland Hills Estates development and potential required improvements to Kersey Way. Chairman Wagner stated that he would follow up with the Interim Planning Director regarding the improvement requirements for the plat. V. ADJOURNMENT There being no further business to come before the Public Works Committee, the meeting was adjourned at 5:53 p.m. Approved this 5th day of August, 2013. Page 13 of 13 PW.1 Page 34 of 155 AGENDA BILL APPROVAL FORM Agenda Subject: July 15, 2013 Minutes Date: July 25, 2013 Department: Administration Attachments: July 15, 2013 Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Partridge Staff: Meeting Date:August 5, 2013 Item Number:FN.1 AUBURN * MORE THAN YOU IMAGINEDFN.1 Page 35 of 155 Finance Committee July 15, 2013 - 5:30 PM Annex Conference Room 1 MINUTES I. CALL TO ORDER Vice Chair Largo Wales called the meeting to order at 5:30 p.m. in Annex Conference Room 1 located on the second floor of the City Hall Annex at One East Main Street in Auburn. A. Roll Call Vice Chair Wales and Member John Holman were present. Chair John Partridge was excused. City officials and staff members present included: Mayor Peter B. Lewis, Deputy Mayor Nancy Backus, Public Works Director Dennis Dowdy, Finance Director Shelley Coleman, City Attorney Daniel B. Heid, Utilities Engineer Dan Repp, Sewer Utility Engineer Robert Elwell, Planning Services Manager Elizabeth Chamberlain, Water Utility Engineer Susan Fenhaus, Innovation and Technology Director Ron Tiedeman, and City Clerk Danielle Daskam. Also present were Scott Pondelick, Thomas Sauers, and representatives from Sharp Business Systems. B. Announcements There was no announcement. C. Agenda Modifications There was no change to the agenda. II. CONSENT AGENDA A. Minutes of the July 1, 2013 regular meeting Member Holman moved and Vice Chair Wales seconded to approve the minutes as submitted. MOTION CARRIED. 2-0 B. Claims Vouchers (Coleman) Claims voucher numbers 423627 through 423631 and voucher numbers 423633 through 424164 in the amount of $2,343,656.18 and dated July 15, 2013. Committee members reviewed the claims and payroll vouchers and briefly discussed claims vouchers 423671 and 423675. Director Tiedeman gave a brief update of the audio/visual upgrades that are currently underway. Page 1 of 6 FN.1 Page 36 of 155 Finance Director Coleman pointed out there is a separate voucher list for procurement card expenses. Finance Director Coleman presented a credit card invoice reconciliation report to the Committee members for their review. The report provides a little more information than the voucher list and is formatted by card holder. Member Holman moved and Vice Chair Wales seconded to approve and forward the claims and payroll vouchers to the full Council for consideration. MOTION CARRIED. 2-0 C. Claims Vouchers (Coleman) Claims voucher number 423632 in the amount of $32,983.22 and dated July 15, 2013. See claims vouchers above for approval of all claims vouchers. D. Payroll Vouchers (Coleman) Payroll check numbers 533930 through 533974 in the amount of $873,883.66 and electronic deposit transmissions in the amount of $1,234,234.38 for a grand total of $2,108,118.04 for the period covering June 27, 2013 to July 10, 2013. See claims vouchers for approval of payroll vouchers. III. RESOLUTIONS A. Resolution No. 4974 (Tiedeman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a cooperative purchase contract off the Western States Contract Alliance (WSCA) #07912 with Sharp Business Systems in the amount of $72,607.06 for replacement of copiers/ printers Director Tiedeman presented Resolution No. 4974, which would authorize the City to enter into a purchase agreement and maintenance agreement with Sharp Business Systems for copier equipment. Director Tiedeman explained that 10 of the 18 copiers leased by City are at the end of their leases. Director Tiedeman proposes to convert the leases to purchases. Staff recommends instituting a copier purchase plan, where feasible, with an estimated four to five year replacement program. Director Tiedeman stated the proposed plan will provide savings, trade-in value, and extended life of machines depending upon usage. Director Tiedeman estimated savings of $95,000.00 to $136,000.00 over the four to five year term. Member Holman commented on the risk of purchasing obsolete technology. Director Tiedeman stated the standard rotation for copiers is three to five years. However, the rotation scheme allows flexibility and operational control. Vice Chair Wales spoke in support of the proposal and recommended an annual analysis of the cost and any savings. Member Holman moved and Vice Chair Wales seconded to approve and Page 2 of 6 FN.1 Page 37 of 155 forward Resolution No. 4974 to the full Council for consideration. Director Tiedeman reported the resolution will be discussed at the next Municipal Services Committee meeting and will then be forwarded to the City Council on August 5, 2013. MOTION CARRIED. 2-0. IV. DISCUSSION ITEMS A. Resolution No. 4965 - The Outlet Collection Street Name Change (Tate) A Resolution of the City Council of the City of Auburn, Washington, approving the change of private street names from "Supermall" to "Outlet Collection" Planning Services Manager Chamberlain presented Resolution No. 4965. Resolution No. 4965 approves the renaming of private street names from "Supermall" to "Outlet Collection". The Resolution was reviewed and recommended for approval by the Planning and Community Development Committee. As part of their re-branding of the Supermall, Glimcher Realty Trust, the owner of the mall, has requested permission to change the name of the private streets, drives and ways that have a name containing "Supermall" to "Outlet Collection". Glimcher Realty Trust is responsible for paying for the cost of installing new road signs containing the new name and for altering way-finding signage. The Post Office will deliver mail addressed to the previous street name for up to one year. B. Resolution No. 4971 (Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a Payback Agreement for a Developer’s Extension (Kersey Water Improvements) between the City of Auburn and Kersey 3 LLC Sewer Utility Engineer Elwell presented Resolution Nos. 4971 and 4972. Resolution No. 4971 authorizes a Payback Agreement with Kersey 3 Improvements LLC. Kersey 3 Improvements LLC completed the facility extensions (FAC06-0013, FAC06-0037, and FAC07-0003) for water facilities to serve their property. The water facilities were constructed in accordance with the City of Auburn's Comprehensive Water Plan and were built with sufficient capacity to provide benefit to nearby properties that currently do not have water service. The improvements include oversized water pipes and a booster pump station. The City of Auburn has established a Payback Agreement to provide reimbursement to the developer for the benefit received by those property owners. Property owners that benefit from the extension will be assessed when they receive a permit to connect to the water system. Payback charges are based on front footage, area, or a combination of the assessments. The water payback amounts are listed by parcel in the Page 3 of 6 FN.1 Page 38 of 155 resolution's exhibits. Utilities Engineer Repp explained that staff members review the detailed construction costs of the developer to determine the payback amounts are reasonable. C. Resolution No. 4972 (Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a Payback Agreement for a Developer’s Extension (Kersey Sewer Extension) between the City of Auburn and Kersey 3 LLC Sewer Utility Engineer Elwell stated the concept of the Payback Agreement is the same as discussed under Resolution No. 4971. He noted the sewer area charge is broken out by three separate sub-basins. D. Resolution No. 4973 (Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Agreement between the City of Auburn and the lowest responsible bidder for Public Works Contract Number 13-07 Project Number CP1120 Lea Hill Safe Routes to School Improvements Public Works Director Dowdy presented Resolution No. 4973, which authorizes the Mayor to execute an agreement with the lowest responsible bidder for Public Works Project Number CP1120, Contract 13-07, Lea Hill Safe Routes to School Improvements. Director Dowdy reported the project includes construction of bike lanes, sidewalks, curb and gutter, ADA accessible ramp improvements and pedestrian push buttons, and marked school crosswalks. Bids were opened on July 11th, and staff members are currently preparing the bid tabulation and completing contractor verifications. Staff requests Council authorize the Mayor to award the contract to the lowest responsible bidder to avoid delay of the project. Vice Chair Wales expressed concern with authorizing a contract the Council has not reviewed. Mayor Lewis responded that Council had authorized the project through the budget process; the Mayor is constrained to award within the scope of the budget and must award the bid to the lowest responsible bidder. E. Resolution No. 4975 (Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to award and execute an Agreement with the lowest responsible bidder for construction of Public Works Contract Number 13-06 for Project Number CP1302, 2013 Pavement, Patching, Chipseal, and Overlay Project Public Works Director Dowdy presented Resolution 4975, which authorizes the Mayor to execute a contract with the lowest responsible bidder for Public Works Project No. CP1302, Contract 13-06, 2013 Pavement Patching, Chipseal and Overlay Project. Page 4 of 6 FN.1 Page 39 of 155 Public Works Project No. CP1302 includes the 2013 Save Our Streets Program and the 2013 Arterial/Collector Pavement Preservation Program. Bids were opened on July 11th, and staff members are currently preparing the bid tabulation and completing contractor verifications. Staff requests Council authorize the Mayor to award the contract to the lowest responsible bidder to avoid delay of the project. Vice Chair Wales requested that fog lines be installed on 284th. F. May 2013 Financial Report (Coleman) Finance Director Coleman presented the May 2013 Financial Report. Director Coleman noted General Fund revenues totaled $24.7 million and exceed budget estimates by $1.6 million. The increase in General Fund revenues is due primarily to increases in building permit revenues, sales tax revenues, and development service fees. General Fund expenditures were below budget by $1.3 million due to timing of expenditures. Finance Director Coleman reported the State will fully fund Streamlined Sales Tax over the next biennium. There was brief discussion regarding the distribution of State liquor profits and liquor excise taxes. Vice Chair Wales commented the enterprise funds appear to be improving their financial position. Vice Chair Wales expressed concern with the level of parking enforcement. Vice Chair Wales stated she expected a higher level of parking infraction revenues with two parking enforcement officers. Vice Chair Wales requested the next Finance Committee agenda include a discussion item for Parking Revenues and Expenses. G. Senior Utility Discount and Rebate Program (Coleman) Committee members reviewed a July 15, 2013 memo from Finance Director Coleman regarding the City's utility discount and rebate program that is offered each year to seniors and permanently disabled residents who meet certain income levels. V. ADJOURNMENT There being no further business to come before the Committee, the meeting adjourned at 6:20 p.m. APPROVED the ____ day of August, 2013. _________________________________ ____________________________ John Partridge, Chair Danielle Daskam, City Clerk Page 5 of 6 FN.1 Page 40 of 155 Page 6 of 6 FN.1 Page 41 of 155 AGENDA BILL APPROVAL FORM Agenda Subject: July 24, 2013 Agenda Date: July 31, 2013 Department: Planning and Development Attachments: July 24, 2013 Agenda Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Wagner Staff: Meeting Date:August 5, 2013 Item Number:CC.1 AUBURN * MORE THAN YOU IMAGINEDCC.1 Page 42 of 155 Les Gove Community Campus July 24, 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. Minutes - May 22, 2013* (Tate) III.DISCUSSION ITEMS A. Follow up on June 10, 2013 Council Workshop (Wagner) B. Implications of a $3,000,000.00 State Grant (Wagner) C. 2013 - 2014 Committee Work Plan (Wagner) Discuss a 2013-2014 Committee Work Plan (e.g., neighborhood meetings, Auburn Community Center building schedule, campus events list, City website updates, and a need for an action-tracking matrix). IV.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 1 of 5CC.1 Page 43 of 155 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the July 15, 2013 Regular Meeting Date: July 25, 2013 Department: Administration Attachments: Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff: Meeting Date:August 5, 2013 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A Page 44 of 155 City Council Meeting July 15, 2013 - 7:30 PM Auburn City Hall MINUTES Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I. CALL TO ORDER A. Flag Salute Mayor Peter B. Lewis called the meeting to order at 7:30 p.m. and led those in attendance in the Pledge of Allegiance. B. Roll Call City Councilmembers present: Rich Wagner, Nancy Backus, Bill Peloza, Wayne Osborne, Largo Wales and John Holman. Councilmember John Partridge was excused. Department directors and staff members: Public Works Director Dennis Dowdy, City Attorney Daniel B. Heid, Finance Director Shelley Coleman, Police Commander Mike Hirman, Advisor to the Mayor Michael Hursh, Parks, Arts and Recreation Director Daryl Faber, and City Clerk Danielle Daskam. C. Announcements, Appointments, and Presentations Immediately prior to the Consent Agenda, Mayor Lewis announced that the City of Auburn received the Government Finance Officers Association's Distinguished Budget Presentation Award for the 2013- 2014 Biennial Budget document. A Certificate of Recognition for the budget preparation was presented to the City of Auburn Finance Department in recognition of this achievement. D. Agenda Modifications Resolution No. 4964 was added to the agenda. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings No public hearing was scheduled for this evening. B. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. Page 1 of 7 CA.A Page 45 of 155 There was no audience participation. C. Correspondence There was no correspondence for Council review. III. COUNCIL COMMITTEE REPORTS A. Municipal Services Chair Peloza reported the Municipal Services Committee met on July 8, 2013. Committee members discussed the quarterly animal control and rescue report. Chair Peloza noted that the Animal Control Officer's numbers of animal control contacts, complaints and citations have increased significantly over the previous quarter. The next regular meeting of the Municipal Services Committee is scheduled for July 22, 2013. B. Planning & Community Development Chair Backus reported the Planning and Community Development Committee met on July 8, 2013. The Committee reviewed Public Works Project No. CP0616 relating to the final pay estimate for the Downtown Pedestrian Kiosks and Resolution No. 4965 related to street name changes at the Outlet Collection mall. The Committee discussed Resolution No. 4964 regarding transportation impact fees, proposed amendments to Title 18 relating to student housing and the definition of "family", and the director's report where Interim Planning Director Tate provided statistics on permits issued to date and their construction valuation. The next regular meeting of the Planning and Community Development Committee is scheduled for July 22, 2013 at 5:00 p.m. C. Public Works Chair Wagner reported the Public Works Committee met this afternoon at 3:30. The Committee approved a right-of-way use permit for Auburn Days Festival, approved advertisement for bids for Project No. CP0912, Citywide Guardrail Improvements, and approved advertisement for bids for Project No. CP1207, D Street Utility Improvements. The Committee also reviewed Resolution No. 4964 regarding transportation impact fee schedule changes, Resolution Nos. 4971 and 4972 authorizing developer's extension Payback Agreements related to Kersey 3, Resolution No. 4973 authorizing the bid award for Project No. CP1120, the Lea Hill Safe Routes to Schools Project, Resolution No. 4975 authorizing the bid award for Project No. CP1302, 2013 Pavement Patching, Chipseal and Overlay Project, the senior utility rebate program, the May 2013 Financial Report, the Comprehensive Transportation Plan update, the capital projects status report, significant infrastructure projects by others, and Page 2 of 7 CA.A Page 46 of 155 the Committee's action tracking matrix. Chair Wagner reported the Committee received an update on the open house held by King County regarding the Reddington Levee Project. D. Finance Vice Chair Wales reported the Finance Committee met this evening at 5:30. The Committee reviewed $2.4 in claims vouchers and $2.1 in payroll vouchers. Claims vouchers included low income senior and disabled utility rebate program payments. Currently, there are 245 residents taking advantage of the program. The Committee also reviewed the May 2013 Financial Report. General Fund revenues exceed the budget estimate and expenditures are below the budgeted level. Vice Chair Wales commented on the Council's decision last year to contract court and probation services with King County. She reported that City will realize $1.7 in savings this year in incarceration fees and probation services expenses due to the change in the court. She stated the City can expect to realize approximately $3 million in savings next year. The next regular meeting of the Finance Committee is scheduled for August 5, 2013 at 5:30 p.m. E. Les Gove Community Campus The next regular meeting of the Les Gove Community Campus Committee meeting is scheduled for July 24, 2013 at 5:00 p.m. F. Council Operations Committee The next regular meeting of the Council Operations Committee is scheduled for August 5, 2013 at 5:00 p.m. IV. CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A. Minutes of the July 1, 2013 Regular Meeting B. Claims Vouchers (Partridge/Coleman) Claims voucher numbers 423627 through 423631 and voucher numbers 423633 through 424164 in the amount of $2,343,656.18 and dated July 15, 2013. C. Claims Vouchers (Partridge/Coleman) Claims voucher number 423632 in the amount of $32,983.22 and dated July 15, 2013. D. Payroll Vouchers (Partridge/Coleman) Payroll check numbers 533930 through 533974 in the amount of $873,883.66 and electronic deposit transmissions in the amount of $1,234,234.38 for a grand total of $2,108,118.04 for the period Page 3 of 7 CA.A Page 47 of 155 covering June 27, 2013 to July 10, 2013. E. Public Works Project No. CP0616 (Backus/Dowdy) City Council approve Final Pay Estimate No. 3 to Contract No. 12-21 in the amount of $0.00 and accept construction of Project No. CP0616 Downtown Pedestrian Kiosks. F. Public Works Project No. CP0912 (Wagner/Dowdy) City Council grant permission to advertise for bids for Project No. CP0912, Citywide Guardrail Improvements Project. G. Public Works Project No. CP1207 (Wagner/Dowdy) City Council grant permission to advertise for bids for Project No. CP1207, D Street Utility Improvements. Deputy Mayor Backus moved and Councilmember Wagner seconded to approve the Consent Agenda. The Consent Agenda includes claims and payroll vouchers and public works projects. MOTION CARRIED UNANIMOUSLY. 6-0 V. UNFINISHED BUSINESS There was no unfinished business. VI. NEW BUSINESS There was no new business. VII. RESOLUTIONS A. Resolution No. 4964 A Resolution of the City Council of the City of Auburn, Washington, amending the City of Auburn Transportation Impact Fee Schedule to adjust for 2013 fees Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4964. The resolution approves an adjustment to the transportation impact fees for areas that generate fewer vehicle trips because they are adjacent to transit facilities (primarily the downtown area) and other adjustments. MOTION CARRIED UNANIMOUSLY. 6-0 B. Resolution No. 4971 (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a Payback Agreement for a Developer’s Extension (Kersey Water Improvements) between the Page 4 of 7 CA.A Page 48 of 155 City of Auburn and Kersey 3 LLC Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4971. Resolution No. 4971 authorizes a developer's extension Payback Agreement with Kersey 3 LLC. MOTION CARRIED UNANIMOUSLY. 6-0 C. Resolution No. 4972 (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a Payback Agreement for a Developer’s Extension (Kersey Sewer Extension) between the City of Auburn and Kersey 3 LLC Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4972. Resolution No. 4972 authorizes a developer's extension Payback Agreement with Kersey 3 LLC. MOTION CARRIED UNANIMOUSLY. 6-0 D. Resolution No. 4973 (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an agreement between the City of Auburn and the lowest responsible bidder for Public Works Contract Number 13-07 Project Number CP1120 Lea Hill Safe Routes to School Improvements Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4973. Resolution No. 4973 authorizes the bid award for Public Works Project No. CP1120, Lea Hill Safe Routes to School Improvements. MOTION CARRIED UNANIMOUSLY. 6-0 E. Resolution No. 4975 (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to award and execute an agreement with the lowest responsible bidder for construction of Public Works Contract Number 13-06 for Project Number CP1302, 2013 Pavement, Patching, Chipseal, and Overlay Project Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4975. Resolution No. 4975 authorizes the bid award for Project No. CP1302, Page 5 of 7 CA.A Page 49 of 155 2013 Pavement Patching, Chipseal and Overlay Project. The project includes the improvement of 10-15 miles of local and arterial streets. MOTION CARRIED UNANIMOUSLY. 6-0 VIII. REPORTS At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A. From the Council Deputy Mayor Backus reported on her attendance at the swearing in of new Police Officer Brent Mertens, the Fourth of July festival at Les Gove Park, the Senior Center coffee hour, the Valley Regional Fire Authority Board of Governance meeting, and the community meeting sponsored by King County Solid Waste regarding the siting of a new solid waste transfer station. Deputy Mayor Backus reported King County announced at the community meeting, that the King County Council has directed King County Solid Waste to study whether there is a need for an additional solid waste transfer station. Councilmember Wagner reported on his attendance at King County Councilmember Peter von Reichbauer's Good Egg Breakfast where the guest speaker was Senator Joe Fain. Councilmember Wagner also reported he attended the King County community meeting regarding a potential transfer station in the south county area. Councilmember Wagner noted that although King County will review whether an additional transfer station is needed, King County will begin the environmental impact statement process for the three sites in South King County. He expressed concern regarding the economic impacts of a potential transfer station situated in Auburn to its residents and the City. Councilmember Wales reported she attended many of the events attended by other Councilmembers. She reported on a unique opportunity to provide a training session on leadership to several Uzbekistan students participating in a leadership institute at Green River Community College. Councilmember Holman thanked Councilmember Osborne for substituting for him at the Planning and Community Development Committee meeting. Councilmember Peloza reported on his attendance at the Regional Water Quality Committee meeting where the main topic was wastewater capacity charges, the Fourth of July festival at Les Gove Page 6 of 7 CA.A Page 50 of 155 Park, a Water Resource Inventory Area grant review team meeting, the King County Solid Waste community meeting regarding the siting of a new transfer station, and the Auburn International Farmers Market where the dog days of summer were celebrated. Councilmember Osborne reported on his attendance at the Fourth of July festival at Les Gove Park and the King County Solid Waste community meeting regarding the potential siting of a solid waste transfer station in South King County. B. From the Mayor Mayor Lewis thanked Councilmembers for their attendance at the Fourth of July events. Mayor Lewis also thanked Councilmembers for their attendance at the King County Solid Waste open house at the Senior Center regarding the siting of a solid waste transfer station. Mayor Lewis stated that he believes it is the Council's efforts that prompted the Sound Cities Association to get involved in the solid waste transfer station siting and changed the direction of the King County Council related to the need of an additional solid waste transfer station. IX. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 8:14 p.m. APPROVED the ____ day of August, 2013. __________________________ ________________________ Peter B. Lewis, Mayor Danielle Daskam, City Clerk Page 7 of 7 CA.A Page 51 of 155 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the June 10, 2013 Special City Council Meeting Date: July 25, 2013 Department: Administration Attachments: Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff: Meeting Date:August 5, 2013 Item Number:CA.B AUBURN * MORE THAN YOU IMAGINEDCA.B Page 52 of 155 Special City Council Meeting June 10, 2013 - 1:30 PM Parks, Arts & Recreation Administration Building MINUTES I. CALL TO ORDER Mayor Peter B. Lewis called the special meeting of the City Council to order at 1:30 p.m. at Parks, Arts and Recreation Administration Building located at Les Gove Park. The purpose of the special meeting was to receive a presentation from the Les Gove Community Campus Committee focused on the Auburn Community Center at Les Gove Park. Members of the Council present: Rich Wagner, Bill Peloza, John Partridge, Largo Wales, Wayne Osborne and John Holman. Department Directors and staff members present included: City Attorney Daniel B. Heid, Parks, Arts and Recreation Director Daryl Faber, Finance Director Shelley Coleman, Advisor to the Mayor Michael Hursh, Interim Planning and Development Director Jeff Tate and City Clerk Danielle Daskam. II. DISCUSSION ITEMS A. Presentation to City Council Focused on the Auburn Community Center at Les Gove Community Campus Councilmember Wagner, chair of the Les Gove Community Campus Committee, opened the meeting with an overview of how the Community Center project started, the community's need, the work of the Les Gove Community Campus Committee, and public input to date. The Committee's presentation today will focus on potential funding scenarios for the construction and operation of a Community Center. Using PowerPoint slides, Councilmember Wagner reviewed the population growth of the city from 7,000 in 1952 to approximately 73,000 in 2012 and anticipated growth to 100,000 in 2040. One of the purposes of the Community Center is to unite the community and serve as a gathering place for an increasingly diverse community. Councilmember Wagner reported the subject of a Community Center has been discussed by the City for over thirty years. In May 2005, a city-wide survey revealed when given a choice of how to allocate $100 in seven areas, survey respondents would allocate $27 to a new Page 1 of 6 CA.B Page 53 of 155 Community Center. Director Faber explained the survey was part of the Parks and Recreation Open Space Master Plan development and was a random phone survey conducted by the consultant. Councilmember Wagner noted that other cities have community centers; for example, Mercer Island, Puyallup, and Tukwila. Committee members toured many of the area's community centers together with the City's architect, BLRB. Councilmember Wales, with the use of PowerPoint slides, displayed renderings of the building looking north from 12th Street towards the entry and the parking lot and from Les Gove Park looking south. The Community Center will look out over Les Gove Park. Two stories of glass will look out over the park and Community Center plaza. Councilmember Wales displayed the floor plan of the proposed Community Center. The Community Center consists of 20,880 square feet. The Parks, Arts and Recreation Department will occupy the west portion of the building. The floor plan includes two fixed activity rooms and a large gathering room that can be divided into thirds. An enlarged lobby will allow museum presentations and other types of demonstrations. The Community Center plan is designed so that it can be expanded in the future. Councilmember Peloza commented that a gathering room with 350 occupancy is too small. He suggested a larger gathering room that could accommodate 500 people. Director Faber explained that the 350 occupancy is factored by 8-person round tables. By increasing the number of persons at a table to ten, the occupancy will increase to 450. Chair Wagner added that the facility will accommodate 500 in theater seating. Mayor Lewis stated any larger facility would cost in excess of the $10 to $12 million project cap. Proposed uses of the new facility include: community events (informational meetings, ethnic gatherings, performances), weddings and receptions, birthdays and youth events, parties and rentals, meetings and corporate events, trade shows, and other special events. Councilmember Wales spoke to how the proposed Community Center fits with the rest of the Les Gove Community Campus. She displayed an aerial view of the Les Gove Community Campus with the Community Center footprint overlay. Councilmember Wales stated with the proposal to move the Parks, Page 2 of 6 CA.B Page 54 of 155 Arts and Recreation administrative offices to the Community Center, the existing Parks administration building would then be converted to a youth and teen recreation annex for before and after school youth programs, daytime programming for all ages, teen after-school programs, and cooperative programs with other youth-focused non- profit groups. Councilmember Wagner presented information on the costs to building and operate the proposed Community Center. Councilmember Wagner stated the National Development Council (NDC) and Lorig Associates reviewed the City's Community Center design and provided the following comments: Construction cost is well within the range of similar civic buildings. The design is efficient and maximizes the ratio of net square footage to building gross square footage. Low ratio of window area to wall area for low energy loss. Design accommodates expansion in later phase to table-seat 500 people. NDC and Lorig estimates the construction contract at $8,018,279.00. The bid received by the City in 2009 (plus 15%) was $6,902,811.00. Councilmember Wagner reviewed the comparison of the NDC/Lorig estimates to the City's estimate (based on the 2009 bidding process): NDC/Lorig Estimate City Estimate Construction Contract $ 8,018,279 $6,902,811 Contingency 962,194 525,000 Furniture & equipment 225,000 200,000 Sales Tax 836,433 694,130 TOTAL HARD COSTS $10,041,906 $8,321,941 Architect, Consultants, Engineering $ 454,820 $ 200,000 Insurance, Legal, Financing,Permits 421,706 200,000 Management 660,633 300,000 TOTAL SOFT COSTS $ 1,629,275 $ 700,000 Page 3 of 6 CA.B Page 55 of 155 Councilmember Wagner reviewed the estimated operating costs for the proposed Community Center. With input from Director Faber and his staff and NDC, the annual net operating cost is estimated at $156,950.00 based on the following: Councilmember Osborne presented information on Community Center construction financing options. The New Market tax Credits (NMTC) process that was used for Redmond City Hall and the LeMay Automobile Museum is suggested by the NDC. It is a complicated process, but postpones payment of some of the costs. The NMTC process includes: Formation of a non-profit Community Center "Owner Corporation" governed by a Board of Directors made up of the City Council. The NDC manages the financing of the project and oversees the City's operations for 7 years at a cost to the City of $100,000.00 per year. A 7-year interest-only $9.2 million loan is taken out by the City to finance construction; interest-only debt service costs the City $370,000.00 per year. The City receives $2 million "free money" through the NMTC process. The City becomes the owner after 7 years when the $9.2 million loan TOTAL COSTS $11,671,181 $9,321,941 Recreation Program $ 45,000 Contract Services/Rentals 55,000 TOTAL INCOME $100,000 Salaries & Benefits $ 47,750 Supplies 51,200 Maintenance 133,000 Miscellaneous 25,000 TOTAL EXPENSES $256,950 Annual Net Operating Cost $156,950 Page 4 of 6 CA.B Page 56 of 155 principal must be refinanced or paid off. A second financing option consists of the City managing the project, including financing and construction. The City would secure a $9 million 30-year loan. The debt service is approximately $465,000.00 per year. Councilmember Wagner reported that the Les Gove Community Campus Committee has not made an official recommendation, but he believes the recommendation would be for Option 2. Finance Director Coleman stated she believes at this point there is not sufficient bonding capacity for a general obligation bond issue for the construction of the Community Center. Director Coleman stated there will be a better picture of financing options once there is a forecast for property taxes and other revenues. Councilmember Partridge questioned whether a voted bond issue should be pursued. Mayor Lewis stated that the City held elections three times for a voted bond for a community center and each one failed to pass. Mayor Lewis stated that a majority of the citizens want a community center, but there is not a majority of voters who will support a voted bond issue for a community center. Councilmember Holman questioned whether the proceeds from property sales can be designated for the Community Center. Mayor Lewis stated the Council can decide to designate any funds from property sales to the construction of a Community Center. Councilmember Wales stated the Finance Committee will be discussing options to allocate windfalls and proceeds from property Comparison of Options 1 and 2 OPTION 1 NMTC OPTION 2 CITY Financing and construction costs $11,671,181 $9,321,941 Operating cost (per year) 256,950 156,950 Debt cost (per year Option 1, 7 yrs Option 2, 30 yrs, 3.1%) 370,000 465,000 Loan payoff (after 7 years) 9,200,000 -0- Set aside for loan payoff (per year for 7 years) 1,000,000 -0- Page 5 of 6 CA.B Page 57 of 155 sales to specific purposes. Finance Director Coleman suggested earmarking the funds in the Capital Projects Fund. At 2:35 p.m., the Councilmembers toured the Les Gove Community Campus and its facilities and viewed the footprint of the proposed Community Center. Councilmembers returned at 2:55 p.m. for a brief wrap up. Councilmember Wagner stated that the Parks random phone survey should include specific questions regarding a proposed Community Center. Director Faber will work with the Planning Department to develop appropriate questions. Director Faber suggested, in addition to the statistically valid phone survey, the City distribute comment cards regarding the Community Center at some of the City events, such as Fourth of July and the Auburn International Farmers Market. Councilmember Wagner questioned the need to distribute informational comment cards. III. ADJOURNMENT There being no further discussion, the meeting adjourned at 3:00 p.m. APPROVED this ____ day of August, 2013. ________________________ __________________________ Peter B. Lewis, Mayor Danielle Daskam, City Clerk Page 6 of 6 CA.B Page 58 of 155 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the May 8, 2013 Special City Council Meeting Date: July 29, 2013 Department: Administration Attachments: Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff: Meeting Date:August 5, 2013 Item Number:CA.C AUBURN * MORE THAN YOU IMAGINEDCA.C Page 59 of 155 Special City Council Meeting May 8, 2013 - 3:00 PM Council Conference Room MINUTES I. CALL TO ORDER Mayor Peter B. Lewis called the special meeting to order at 3:00 p.m. in the Council Conference Room at Auburn City Hall, 25 West Main Street in Auburn. The purpose of the meeting was to receive the Washington State Auditor's Annual Audit entrance briefing. Councilmembers Nancy Backus, Bill Peloza, John Partridge, Wayne Osborne, and John Partridge were present. Finance Director Shelley Coleman, Financial Services Manager Rhonda Ewing, and City Clerk Danielle Daskam were present. Representatives from the State Auditor's Office present: Audit Manager James Griggs, Audit Supervisor Michael Pursley, and Audit Lead Brandi Breaux. Also present was Scot Pondelick. II. DISCUSSION ITEMS A. Washington State Auditor's Office Annual Audit Entrance Briefing Michael Pursley, Auditor Supervisor from the Washington State Auditor's Office, reviewed the audit scope: Accountability Audit – examination of the financial records to evaluate whether public funds are handled properly Financial Statement Audit – in accordance with the Government Auditing Standards, obtain reasonable assurance that the financial statements are free of material misstatement Federal Grant Compliance Audit – This audit is required when federal grant expenditures exceed $500,000 in a fiscal year and includes evaluation of the effectiveness of internal controls and determine compliance with federal requirements. Mr. Pursley advised he anticipates that the Financial Statement Page 1 of 2 CA.C Page 60 of 155 Audit letter will be issued in June 2013. Mr. Pursley also reviewed the reporting levels for audit recommendations and estimated audit costs. In response to a question from Councilmember Peloza, Mr. Pursley stated the audit will evaluate accountability and compliance with state laws and regulations in the areas of open public meetings, cash receipting, insurance, contracts, police, golf course, and bid law. The focus areas are based on risk. Audit Manager Griggs announced State Auditor Kelley has implemented the Lean Academy. The Lean Academy offers a new, supportive training center for local governments to learn process improvement techniques alongside peers from other governments. He urged members of the Council to visit the State Auditor website to learn more about the Lean Academy. III. ADJOURNMENT There being no further business, the meeting adjourned at 3:18 p.m. APPROVED the _____ day of _________, 2013. ________________________ _________________________ Peter B. Lewis, Mayor Danielle Daskam, City Clerk Page 2 of 2 CA.C Page 61 of 155 AGENDA BILL APPROVAL FORM Agenda Subject: Claims Vouchers Date: August 1, 2013 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council to approve claims vouchers Background Summary: Claims voucher numbers 424165 through 424587 in the amount of $4,491,621.44 and dated August 5, 2013 Reviewed by Council Committees: Finance Councilmember:Partridge Staff:Coleman Meeting Date:August 5, 2013 Item Number:CA.D AUBURN * MORE THAN YOU IMAGINEDCA.D Page 62 of 155 AGENDA BILL APPROVAL FORM Agenda Subject: Payroll Vouchers Date: July 24, 2013 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council approve the payroll vouchers. Background Summary: Payroll check numbers 533975 through 534008 in the amount of $305,442.86 and electronic deposit transmissions in the amount of $1,287,358.20 for a grand total of $1,592,801.06 for the period covering July 11, 2013 to July 31, 2013. Reviewed by Council Committees: Finance Councilmember:Partridge Staff:Coleman Meeting Date:August 5, 2013 Item Number:CA.E AUBURN * MORE THAN YOU IMAGINEDCA.E Page 63 of 155 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4963 Date: July 16, 2013 Department: Information Services Attachments: Resolution No. 4963 Zonar Subscription Agreement Quote Fleet Management Pricing Breakdown Budget Impact: $65,908.35 (3 Years) Administrative Recommendation: City Council adopt Resolution No. 4963. Background Summary: Resolution 4963 allows the City to enter into an agreement with the company "Zonar" to equip 45 City fleet vehicles with AVL (Automatic Vehicle Locator) devices. Specifically, the agreement will provide wireless GPS devices to track vehicle movements, idle time statistics including fuel consumption estimates, and activities such as plowing, sanding, bucket truck use, and reporting requirements for operations, FEMA, and various other operational enhancements. The system will also implement driver log technology to track user/ driver information as well as utilizing RFID wireless inspection scanner technology to track, locate, manage, map. The proposed solution will assist the City in reducing operational costs and enhance operational safety and local, state and Federal reporting requirements. Funding for this project was approved by Council in the 2013/2014 operating budget. The Innovation & Technology department has been working with vendors and staff to identify and implement an automatic vehicle locator (AVL) system which meets the needs of the City of Auburn. A need was identified by various departments across the city to track, monitor, report, and map activities of fleets but also better manage resources and fuel consumption. I & T identified multiple vendors capable of this service, and performed 30 day pilots on both vendors systems. We identified vehicles, and installed equipment and services to test functionality, efficiency, cost, up-front and ongoing, as well as ease of use, installation, and various situations and vehicles. Zonar was capable of providing all the user requirements, as well as numerous other additions for a fraction of the price AUBURN * MORE THAN YOU IMAGINEDRES.A Page 64 of 155 allowing twice the vehicle count and features to be tested. The previous systems tested were not capable of driver logging, vehicle inspections, and tracking as was Zonar. Zonar is a local company located in Seattle, utilizing AT&T services with local support and installation. Local customers and references include City of Tukwila, City of Kent, Tacoma Public Utilities and Seattle Light to name a few. Equipment comes with a 5 year warranty, 3 year contract, and 5 year data retention agreement. Project Budget Approved by Council 2013/2014 Budget $103,389.00 Reviewed by Council Committees: Councilmember:Partridge Staff:Tiedeman Meeting Date:August 5, 2013 Item Number:RES.A AUBURN * MORE THAN YOU IMAGINEDRES.A Page 65 of 155 RESOLUTION NO. 4 9 6 3 A RESOLUTION OFTHE CITY COUNCIL OFTHE CITY OF AUBURN, WASFIINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SUBSCRIPTION AGREEMENT BETWEEN THE CITY OF AUBURN AND ZONAR FOR ELECTRONIC FLEET MANAGEMENT SERVICE WHEREAS, City staff has detertnined that an Electronic Fleet Management EFM") system would help monitor fuel economy and vehicle maintenance; and WHEREAS, Zonar Systems, Inc. supplies EFM technology; and WHEREAS, staff entered into a three month pilot test with Zonar, and recommends entering into a longerterm agreement; NOW, THEREFORE, THE GITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor and City Clerfc are hereby authorized to execute a Subscription Agreement between the City and Zonar for Electronic Fleet Management Services 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. Resolution No. 4963 June 17, 2013 Page 1 of 2RES.A Page 66 of 155 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, Ciry Clerk APP FO iel B. Heid, Attomey Resolution.No. 4963 June 77, 2013 Page 2 of 2RES.A Page 67 of 155 SUBSCRIPTION AGREEMENT (Purchase) P.O. #________________ Quotation # _ LICENSOR: Zonar Systems, Inc. (Zonar) SUBSCRIBER: A Washington Corporation City of Auburn, Washington 18200 Cascade Ave. S., Suite 200 25 W Main St Seattle, WA 98188 Auburn, WA 98001 Telephone: 206.878.2459 Telephone: 253-288-3160 Fax: Fax: 206.878.3082 Email: rtiedeman@auburnwa.gov Website: www.zonarsystems.com Location: Auburn, WA Customer Type: State and Local – SL GPS Data Retention: ☐ 6 Months ☒ Annual SUBSCRIPTION: Zonar grants Subscriber a limited right to access and use its fleet telematics web application and related software during th e Term and at the Location(s) set forth above exclusively for Zonar’s current service offerings and as provided in the attached Terms of Use. All rights not expressly granted to Subscriber are reserved to Zonar. SERVICES: Zonar will provide Subscriber with the Services including activation, 24/7 access to Zonar Ground Traffic ControlTM (Fleet Management Web Application), email & phone support, software upgrades, daily account monitoring, and all associated wireless data charges, provided Subscriber is not in breach of any obligation under this Agreement. TERM: This Agreement will commence upon the Effective Date and continue thereafter for three (3) years (the “Initial Term”). , Subscriber may opt to renew for additional one year terms (together with the Initial Term, the “Term”), subject to payment by Subscriber of the then current Subscription Fees, if Subscriber provides Zonar written notice of its intent not to renew this Agreement at least sixty (60) days prior to the expiration of the then current term. The Terms of Use may be subject to modification on 30 days’ notice by Zonar . Early termination fees will be waived if Subscriber provides reasonable evidence that funding was not approved. QUOTATION: The attached Quotation sets forth the Hardware and Services to be delivered to Subscriber under this Agreement, the prices, a nd delivery terms and any additional terms applicable thereto. The Quotation shall be good for 30 days and upon execution of this Agreement by Subscriber shall constitute a binding purchase order. FEES: After the Initial Term, all fees and charges (including the Subscription Fee) are subject to chan ge on the annual anniversary date of this Agreement upon at least thirty (30) days’ written notice. All fees and charges are “net” and are not subject to set off or r eduction. The initial Subscription Fee is due upon execution of this Agreement and all other fees and charges are due as provided in the attached Quotation. Thereafter, the annual Subscription Fee shall be due and payable in advance on annual anniversary date of this Agreement. Any amounts not paid when due shall bear interest at the rate of one and one half percent (1.5%) per month, or the maximum legal rate if less. Zonar shall be entitled to withhold performa nce and suspend the Service until all amounts due are paid in full. REMEDIES: Breach by Zonar. Subscriber agrees that its sole remedy as a subscriber for defective equipment during the warranty period is the repair and replacement of the equipment. Zonar shall not be liable to Subscriber or any third party for any general, special, punit ive, incidental, indirect or consequential damages, or any lost profits or business, arising out of this agreement. Breach by Subscriber. If Subscriber fails to make any payment due or otherwise violates any term or condition of this Agreem ent, Subscriber may be declared in default upon notice and failure to cure for 15 days. Upon declaration of default, all amounts due under this Agreement during the entire term hereof shall become immediately due and payable including, without limitation, the cost to repair or replace damaged equ ipment, interest and costs and expenses of collection. Zonar shall also have the right to terminate this Agreement and recover any other remedy p ermitted by law. INTELLECTUAL PROPERTY: Zonar retains all right, title and interest and all related intellectual property rights in and to the Service and Zonar’s Confidential Information, including any corrections, enhancements, updates or other modifications, including custom modificat ions, thereto, whether made by Zonar, Subscriber or any third party. Except as expressly set forth herein, no express or implied license or right o f any kind is granted to Subscriber regarding the Service or any part thereof. Under no circumstances shall Subscriber sell or transfer any purchased Hardware, reconstruct or repair such Hardware, or reverse engineer or otherwise attempt to learn the trade secrets, know how or other intellectual pro perty embodied therein. Subscriber agrees that Zonar may collect data regarding Subscriber’s use of the Service and analyze, use and disclose such data in an aggregated format (“Aggregated User Data”) for Zonar’s business purposes; provided such Aggregated User Data is not personally identifiable or subscriber identifiable. LIMITED WARRANTY: Zonar warrants that the Hardware provided under this agreement is free from all material defects in workmanship under normal use and service. Zonar’s warranty period for its Hardware is as follows: V Series HD GPS Product Line – 5 Years; EVIRTM – 3 Years; All Other Hardware – 1 Year. The warranty period runs from the date of shipment. Provided that the Hardware is used and handled as intended, Zon ar will replace any failed or functionally impaired Hardware with equivalent Hardware in terms of performance and functionality. This warranty does not apply to any Hardware that has been misused, altered, willfully abused or that has been damaged due to improper installat ion by the customer. Hardware installations must follow Zonar’s equipment specific installation guidelines. If product returned is determined to be damaged due to any of the aforementioned circumstances, the Customer will be charged the price of a refurbished unit plus shipping and handling. R eturn of any Hardware requires a Return Material Authorization (RMA) number. All RMA’s must be pre-authorized by Zonar Customer Care at: E-mail: Customercare@zonarsystems.com. Phone: 1 877 THE EVIR. THIS LIMITED WARRANTY IS MADE TO SUBSCRIBER ONLY AND IS IN LIEU RES.A Page 68 of 155 ELECTRONIC FLEET MANAGEMENT www.zonarsystems.com 18200 Cascade Ave. S. Seattle, WA 98188-4728 Toll-Free 1.877.843.3847 Phone 206.878.2459 Fax 206.878.3082 OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. ZONAR EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WHICH MAY ARISE FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. DISCLAIMER: Subscriber is solely responsible for controlling access to the System, reviewing inspection reports, and taking appropriate action with respect to vehicles for which inspection reports have been submitted using the System. ENTIRE AGREEMENT: This Agreement (including Terms of Use, EULA, ID Agreements (optional suggestions for Subscriber to consider in implementing a verified inspection program) and Quote) constitutes the entire agreement between Zonar and Subscriber with res pect to the subject matter hereof, and supersedes all previous written agreements between Zonar and Subscriber with respect to such subject matter. CONTROLLING TERMS: All products licensed or purchased by Subscriber from Zonar during the term of this Agreement shall be subject to the terms and conditions of this Agreement. Any terms or conditions appearing on the face or reverse side of any purchase order, acknowledgment, or confirmation that are different from or in addition to those required hereunder shall not be binding on the Parties, even if signed and returned, unless both Parties agree in a separate writing to be bound by such different or additional terms and conditions. GOVERNING LAW: The parties agree that this Agreement shall be interpreted under the laws of the State of Washington, and that j urisdiction and venue shall be only in King County, Washington. ELECTRONIC COPIES: Facsimile or scanned signatures will be deemed originals. READ AND AGREED Subscriber: _______________________________________________ Print Name: _________________________ Date: ________ Rev: 24Jan2013 RES.A Page 69 of 155 ELECTRONIC FLEET MANAGEMENT www.zonarsystems.com 18200 Cascade Ave. S. Seattle, WA 98188-4728 Toll-Free 1.877.843.3847 Phone 206.878.2459 Fax 206.878.3082 ZONAR TERMS OF USE 1. DEFINITIONS. (a) The term “Hardware” encompasses any of: the Zonar 2010TM (EVIRTM) handheld, the 2010TM handheld vehicle mount (GPS VM), zone/asset/driver RFID tags, K12TM GPS device, V3 TM GPS, device V2TM GPS device, V2JTM GPS vehicle diagnostics device, VTECU TM GPS vehicle diagnostics device, V2/V2J antennas/cables & mountin g bracket, ZpassTM RFID reader, ZpassTM interface box/mounts & cables, DataTracTM RFID hub odometer, Reader Download Station (RDS), EVIRCOMTM modem, and other devices identified in a Zonar provided Quotation or Zonar provided materials. (b) “Intellectual Propert y” means cop yrights, trademarks and service marks (whether registered or unregistered), trade secrets, patents, patent applications, contract rights, know-how and other proprietary rights. (c) “Software” means the firmware i n the Hardware, the Ground Traffic ControlTM (GTCTM) web based application, the Zonar Intelligent Navigation & Guidance (ZINGTM) messaging & dispatch application, the ZTIPTM time & attendance application, the ZAlertTM missed inspection application, the RedBoardTM missed inspection application, the ZpassTM client side student tracking program, the ZonarComTM client side program to transmit EVIRTM inspection reports to GTCTM, and an y other software associated with Zonar Products (Hardware or Software), including the associat ed computer code. (d) “Data” means all subscriber generated data including Electronic Vehicle Inspection Report (EVIRTM) related data, Telematics related data, ZPassTM data, ZingTM messaging and routing related data, and J3TM related data. (e) “Subscriber Materials” means the materials designated as such and provided by Zonar to Subscriber regarding use of the Zonar Products (Hardware or Software), including but not limited to GTCTM, Zonar’s web based application for accessing subscriber Data. (f) “Subscription Fee” means the annual service fee for the right to access and use Zonar Products (Hardware or Software) as set forth in your Zonar provided Quotation/Purchase Order. (g) “Terms of Use” shall mean all rules, terms and conditions set forth in this Agreement or otherwise established now or hereafter by Zonar regarding permissible or impermissible uses of, or activities related to Zonar Products (Hardware or Software). 2. SUBSCRIBER OBLIGATI ONS. (a) Computer related obligations: (i) Internet access to Zonar’s web based applications through an Internet service provider; (ii) hardware and software to enable such connection, and (iii) any permissions or authorizations required for such connection. (b) Subscriber is responsible for ensuring that only authorized persons have access to Zonar’s web based applications and for the securit y of Subscriber’s computer system and the connection to Zonar’s web based applications , without limitation: (i) ensuring that Subscriber’s password and all other means and methods of access to Zonar’s web based applications are kept absolutely confidential and that all Users and Drivers comply with the terms of the ID Agreements; (ii) ensuring that an y telephone numbers or any information relating to Zonar’s web based applications , the security of Zonar’s web based applications , the encryption methods used and all or an y other security features are kept absolutely confidential; and (iii) ensuring that the use of the Zonar’s web based applications by Subscriber is under the control and authority of a proper and adequately trained employee. (c) Subscriber will install, use, maintain and remove the Hardware according to Zonar’s specifications, will safeguard the Hardware from loss or damage of any kind, and will not permit anyone other than an authorized representative of Zonar to perform any work on the Hardware. Except for ordinary wear and tear covered by the limited warrant y, Subscriber is responsible for all Hardware damaged, destroyed, lost or stolen while in Subscriber’s possession and shall be liable for the cost of repair or replacement of the Hardware and remain responsible for the Subscription Fee during an y such repair or replacement period. (d) If Subscriber is not the owner of the propert y upon which Hardware and Software are to be installed, Subscriber shall obtain the written consent of the owner of the premises and/or property for Zonar personnel and/or its agents to enter the premises for the purposes of installing, maintaining and retrieving the same. 3. DATA STORAGE. RES.A Page 70 of 155 ELECTRONIC FLEET MANAGEMENT www.zonarsystems.com 18200 Cascade Ave. S. Seattle, WA 98188-4728 Toll-Free 1.877.843.3847 Phone 206.878.2459 Fax 206.878.3082 Subscriber understands that unless Subscriber purchases data retention services, Zonar will have the right to purge all data submitted by Subscriber as follows: (a) Subject to purge after 3 months, 6 months, or 12 months, as elected by Subscriber in Subscription Agreement. Note that EVIR data (i.e., inspection data) generally needs to be kept for at least 90 days (FMCSR Part 396.11 (c)(2)), and certain jurisdictions may require inspection reports for pupil transportation to be kept for longer periods. Zonar enables customers to select to retain EVIR data for ei ther 3 months or 12 months. Note that GPS data has different regulatory retention requirements. If your drivers are required to maintain driver’s logs o r hours of service log books, GPS data is currently considered by the USDOT/FMSCA to be supporting documenta tion for such duty status records and thus must be maintained for a period of 6 months. Per 49 CFR 395.8 each motor carrier must maintain records of duty status and supporting documents for each driver it employs for a period of six months. This now includes records from GPS and other advanced information technology systems. You may determine that your fleet wants to retain such records for longer periods. Zonar enables customers to select to retain GPS data for either 6 months or 12 months. If your organization requires different data retention requirements please work with your Zonar sales rep to c ommunicate your requirements. Different data retention periods may be available, and may require an additional fee. (b) Unless Subscriber has made other arrangements in writing with Zonar, all data submitted using Zonar’s web based applications may be purged as provided above. The Subscriber must reaffirm this request annually during the renewal process. (c) Subscriber shall be solely responsible for printing data and inspection reports for vehicles involved in an accident. Subscriber underst ands and agrees that Zonar is not required to retain records except as provided in Paragraph 3a or in a separate written agreement. 4. WIRELESS DATA POLICIES. (a) Subscriber understands and agrees that Subscriber has no contractual relationship with a wireless carrier and Subscriber is not a third-part y beneficiary of an y agreement between Zonar or a Zonar Agent and a wireless carrier. Subscriber understands and agrees that the underl ying wireless carrier shall have no legal, equitable or other liability of an y kind to Subscriber. (b) Subject to FCC Number portability rules, Subscriber has no property or other rights in any Number assigned to it and Subscriber understands that any such Number can be changed from time to time. (c) Subscriber agrees that Zonar shall not be responsible for interruption of service for any reason or the inability to use the service caused by Force Majeure. (d) Subscriber understands and agrees that the liabilit y and obligation of Zonar to Subscriber for services may be controlled and limited b y a wireless carrier’s tariff, if an y, and the laws, rules and regulations of the Federal Communications Commission and other United States or foreign governmental authorities which from time to time have jurisdiction. (e) In no event shall Zonar be liable for the failure or incompatibility of any equipment not provided by Zonar utilized by Subscriber in connection with the Service. 5. OWNERSHIP. (a) Subscriber grants Zonar the right to use all data submitted to Zonar’s web based applications for any and all purposes, including to purge such data as provided in Section 3 and to create compilations of such data as long as Zonar will not identify the data source as being from the Subscriber nor portray the data in such a manner as to identify the Subscriber. Subscriber agrees that Zonar shall own all compilations of the data created by or for Zonar. (b) Certain ones of Zonar Products (Hardware and Software) and components thereof provided by Zonar for the Subscriber’s use are protected by patent, cop yright, trade secret, trademark, international treaties, and/or other laws. Subscriber agrees that Zonar owns all proprietary rights in Zonar Products (Hardware or Software) and an y corrections, enhancements, updates or other modifi cations, including custom modifications, thereto, whether made by Zonar or any third part y. (c) At all times during and after the termination or expiration of this Agreement, Subscriber and its employees and agents shall maintai n the confidentiality of trade secret information to the extent permitted by law. Subscriber shall not disclose any such proprietary information concerning Zonar Products (Hardware and Software), including any flow charts, logic diagrams, user manuals and screens, to persons not an employee of Subscriber except in accordance with Section 12.2 of this Agreement. 6. SUBSCRIBER POLICIES. Subscriber understands that Zonar’s web based applications record data submitted by the Operator regarding the time, date, location, type of inspection, equipment inspected, and the inspector. Zonar’s web based applications do not verify that an inspection has actually been conducted or the results. Zonar SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO INSPECTIONS CONDUCTED BY OR FOR SUBS CRIBER. 7. WAIVER. Failure by either party to enforce any of its rights hereunder shall not constitute a waiver of any such rights. No waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default. RES.A Page 71 of 155 ELECTRONIC FLEET MANAGEMENT www.zonarsystems.com 18200 Cascade Ave. S. Seattle, WA 98188-4728 Toll-Free 1.877.843.3847 Phone 206.878.2459 Fax 206.878.3082 ZONAR END USER LICEN SE AGREEMENT GRANT OF LICENSE: The Software Products are licensed, not sold. This EULA grants Licensee the following rights: 1. Grant. Licensee may install and use the Software Products on computers located at Licensee’s place of business to be used in conjunction with Zonar’s web based applications for Licensee’s business, pursuant to the terms and conditions herein. This license provides no ownership interest. 2. Description of Other Rights and Limitations on Reverse Engineering, Decompilation, Disassembly, Copying a nd Distribution. Licensee may not reverse engineer, de-compile, or disassemble the Software Products. 3. Software Transfer. Licensee may not sub-license or otherwise transfer its rights under this EULA without prior written permission of licensor. Licensee may not copy or distribute the Software Products except as provided in paragraph 1 without Zonar’s express, written approval. 4. Software Updates. Zonar may from time to time, update, modify, improve or enhance the Software Products solely at its option. Zonar may make these software updates available to subscriber. Any updates made available to subscriber shall be covered by this EULA. 5. Warranty and Disclaimer. 5.1 Subscriber acknowledges and agrees that performance of the Software Products may vary, depending on Subscriber’s hardware and operating system, and other factors beyond Zonar’s control, and that Zonar does not warrant that the Software Products wi ll meet Subscriber’s requirements or perform continuously without error. However, subject to the limitations set forth in Sections 6 and 7, Zonar warrants that the Software Products will perform as part of Zonar’s web based application substantially as described, provided that the Software Products are used only on the equipment and in the environment for which they were designated and configure d. This limited warranty is given to Subscriber only and may not be transferred to any other person. 5.2 ZONAR DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF COMPATIBILITY WITH OTHER SOFTWARE PRODUCTS, OR ANY WARRANTY AGAINST INTERFERENCE WITH ENJOYMENT OF THE SOFTWARE OR AGAINST INFRINGEMENT) OTHER THAN THE LIMITED WARRANTY PROVIDED UNDER PARAGRAPH 5.1 ABOVE. EXCEPT FOR THIS LIMITED WARRANTY, SUBSCRIBER WAIVES ANY AND ALL WARRANTIES WHICH MIGHT HAVE ARISEN, OR MIGHT LATER ARISE, FROM COURSE OF PERFORMANCE OR DEALING, OR USAGE OF THE TRADE AND RELEASES ZONAR FROM ALL LIABILITY FOR LOSS OR DAMAGE SUSTAINED RELATING THERETO. 6. Exclusive Remedies. Subscriber’s exclusive remedies under the limited warranty provided under Pa ragraph 5 are as follows: 6.1 If notified by Subscriber in writing of a problem during the warranty period, Zonar, at its option, will either (a) at no cha rge repair or replace each Software Product to make the item operate as warranted, or (b) refund to S ubscriber the amount actually paid by Subscriber for such item. Zonar makes no warranty and shall incur no liability for defects in the Software Products or damag es resulting therefrom in the event that Subscriber (a) modifies the Software Product, (b) op erates the Software Product or uses it for a purpose other than as specified by Zonar, (c) operates the Software Product on computer products or devices that do not meet the minimum sy stem configuration as set forth in the documentation or as notified by Zonar, or (d) breaches this Agreement in any way. 6.2 THE WARRANTIES, OBLIGATIONS, AND LIABILITIES OF ZONAR AND THE RIGHTS, CLAIMS AND REMEDIES OF SUBSCRIBER SPECIFICALLY SET FORTH IN SUBSCRIBER’S SUBSCRIPTION AND LICENSE AGREEMENT WITH ZONAR ARE EXCLUSIVE. SUBSCRIBER HEREBY RELEASES ZONAR FROM ALL OTHER WARRANTIES, OBLIGATIONS, AND LIABILITIES AND HEREBY WAIVES ALL OTHER RIGHTS, CLAIMS, AND REMEDIES AGAINST ZONAR, ITS OWNERS, OFFICERS, OR EMPLOYEES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESP ECT TO RES.A Page 72 of 155 ELECTRONIC FLEET MANAGEMENT www.zonarsystems.com 18200 Cascade Ave. S. Seattle, WA 98188-4728 Toll-Free 1.877.843.3847 Phone 206.878.2459 Fax 206.878.3082 ANY AND ALL EQUIPMENT, SOFTWARE, OR OTHER TANGIBLE OR INTANGIBLE ITEMS OR SERVICES PROVIDED UNDER THIS AGREEMENT. 7. Limitation of Liability. 7.1 ZONAR SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF USE, REVENUE, PROFIT, OR DATA), WHETHER BASED UPON A CLAIM OR ACTION OF CONTRACT, WARRANTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, ARISING OUT OF T HIS AGREEMENT, THE SOFTWARE TO BE LICENSED THEREUNDER, AND/OR THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF ZONAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY TO SUBSCRIBER IN CONNECTION WITH THIS AGREEMENT, THE SUBSCRIBER’S SUBSCRIPTION AND LICENSE AGREEMENT WITH ZONAR, OR THE SOFTWARE, REGARDLESS OF THE FORM OF CLAIM OR ACTION OR FAILURE OF ESSENTIAL PURPOSE, EXCEED THE VALUE OF ANY UNPAID SUBSCRIPTION FEES REMAINING TO BE PAID BY SUBSCRIBER TO ZONAR UNDER SUBSCRIBER’S SUBSCRIPTION AND LICENSE AGREEMENT, NOT TO EXCEED THE MAXIMUM VALUE OF THE AGREEMENT. 7.2 Subscriber acknowledges and agrees that the fees charged by Zonar for the Software Products reflect the allocation of risks provided by the foregoing limitation of liability. By using the Software Product, Subscriber acknowledges and represents that it has read and understands these allocations of risk limiting the liability of Zonar, and that it understands that a modification o f the allocation of risks set forth in this Agreement would affect the fees charged by Zonar, and that Subscriber, in consideration of such fees, agrees to such allocation of risk. 8. Termination Without Prejudice to Any Other Rights. Zonar may terminate this EULA if Licensee fails to comply with the terms and conditions of the EULA. In such event, Licensee must destroy all copies of its Software Product and all of its com ponent parts. 9. Copyright and Patent. All title and copyrights in and to the Software Products including but not li mited to any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the software products, the accompanied pr inted materials and any copies of the software products are owned by Zonar, and are protected under U.S. copyr ight law, as well as applicable copyright treaties. Removal or obscuring of any copyright, trademark notice or restriction legend is prohibited. 10. Attorney’s Fees; Governing Law and Jurisdiction. In any action to enforce this agreement, the prevailing pa rty shall be entitled to recover, in addition to any and all other relief, his reasonable attorney’s fees, costs and expenses incurred in such enforcement action. The parties agree that the state and federal courts in King County, Washington, shall have e xclusive jurisdiction with respect to any dispute arising out of this agreement. This agreement shall be construed and enforced in accordance with the laws of the State of Washington, without giving effect to its choice of law provision. 11. Export Licensing. Licensees shall not use or otherwise export or re-export the Software Products or any underlying or information or technology except in full compliance with all United States and other applicable laws and regulations. In part icular, but without limiting the generality of the foregoing, none of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, or Syria or any other country to which such export or re-export would be contrary to U.S. Department of Commerce Export Administration Regulations or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated nationals or the U.S. Commerce Department’s Denied Agreement, Licensee agrees to the foregoing and represents and warrants that Licensee is not located in, under control of, or a national or resident of any above-referenced country or list. 12. Government User. 12.1. U.S. GOVERNMENT RIGHTS. If Licensee is an agency, department, or other entity of the United States Government, or funded in whole or in part by the United States Government, then use, duplication, reproduction, release, modification, discl osure or transfer of this commercial product and accompanying documentation, is restricted in accordance with the LIMITED or RESTRICTED rights as described in DFARS 252.227- 7014(a)(1) (JUN 1995) (DOD commercial computer software definition), DFARS 227.7202 -1 (DOD policy on commercial computer software), FAR 5 2.227-19 (JUN 1987) (commercial software clause for civilian agencies), RES.A Page 73 of 155 ELECTRONIC FLEET MANAGEMENT www.zonarsystems.com 18200 Cascade Ave. S. Seattle, WA 98188-4728 Toll-Free 1.877.843.3847 Phone 206.878.2459 Fax 206.878.3082 DFARS 252.227-7015 (NOV 1995) (DOD technical data – commercial items clause); FAR 52.227-14 Alternates I, II, and III (JUN 1987) (civilian agency technical data and noncommercial computer software clause); and/or FAR 12.211 and FAR 12.212 (commercial item acquisitions), as applicable. In case of conflict between any of the FAR and DFARS provisions listed herein and this Lic ense, the construction that provides greater limitations on the Government’s rights shall control. For purpose of any public disclosure provision under any federal, state or local law, it is agreed that the Licensed Products are a trade secret and a proprietary commercia l product and not subject to disclosure. 12.2. Washington’s Public Records Act Zonar acknowledges that Subscriber is subject to Chapter 42.56 of the Revised Code of Washington “Public Records Act.” As such, Subscriber may receive requests for documents related to this Agreement, which docu ments may contain Confidential Information. Notwithstanding any other provision of this Section 12 .2, if the City receives a request for documents that may apply to the Software Products, Subscriber will notify Zonar of the request. Zonar shall have fifteen (15) calendar days after the City sends notification to obtain an injunction preventing Subscriber from releasing the documents. Zonar agrees that if a court of competent jurisdiction orders Subscriber to release the documents, and to pay penalties, costs, or attorney’s fees based on Zonar’s assertion of an exemption to the Public Records Act, Zonar will reimburse Subscriber in full. 13. Injunctive Relief. Subscriber acknowledges that copying or unauthorized use of the software or other violations of the terms of this agreement would irreparably injure Zonar, which injury could not be adequately compensated for by money damages. Subscriber agrees that Zonar may seek and obtain injunctive relief for breach or threatened breach of any provision of this agreement , in addition to, and not in limitation of other legal remedies. RES.A Page 74 of 155 w QUOTATION Guote Numtier. Q134878 INSPECT • TRACK • KNOW 18200 Casc3de Ave S Quote Date: Seattle,WA 98188 07/10/13 www.mrqrsystems.com Volce: 206.878.2458 Pege: Faxt 2U6.878.3082 1 R.5 ';F'h*, t: .w4 'v:l " YCity of Aubum;WA Attn:Jim Felry 1305 C St SW Auburn,WA 98001-5910 USA _ t AU61834 p8/09/13 Net 30 Y K e Ross Brun 1; New Purchase 14 H40001 Ground Tralfic Controi Package 269.96 3,779.44 , 14 80972 WW 9/B Pin Cable 17.86 251.44' 26 F140003 Light Dutyiradc&Trace Pkg 269.86 7,018.96 28 10D07 GPS 4PIN Power Cabie 17.96 466.96 28 80046 Inline Fuse Ktt 14 H40005 CSA fnspection Package 242.96 3,401.44 3 HSANT01 CiPS Arrterma Kit 26.95 80.85 ; 17 80059 5 Pin Daia VO Cable 17.95 305.75 Pilot Units Already On-site 4 PILOT V3 Light;Duty GTC Package PBot 287.96 1,151.84 4 CABLE Light Duty Cabte IQt 17.96 71.84 t PILOT V3 IJght Duty 7rack/Trace Pilot 268.95 269.95 1 CABLE GPS 4PIN Power Cabie 17.85 17.95 1 PfLOT EVIR CSA Inspedlon Package-PIIM 242.85 242.95 1 CABLE 5 Pln Data UO Cable 17.95 17.95 1 GRANT CredR To Pald Pilot 2,495.00 -2,495.00 40 SACTOt QSM Activation(Per Asset) 25.00 7,000.00 14 540001A-3 • Annuai GTG Package Service 311.88 4,368.32 14 COMP One MoMh Complimernary Service' 25.99 363.88 27 540003A-3 Annual Light Duty Package Servfce 215.88 5,828.76 27 GOMP One Month Complimentary Service• 17.99 485.73 4 540020A-3 Mmial UgM Dury OTC Service 239.88 959.52 4 COMP One Month Comppmentary Service' 19.99 79.96 15 540005A-3 Annual CSA Inspection Package Svc 84.00 1,280.00 15 COMP One MoMh Complimentary Service' 7.D0 705.00 18 548004A-1 Artnual Data VO Service 56.00 , 648.00 18 CAMP One Ma th Oomplimenqry Service' 3.00 ' 64.00 45 MSAD71 Annuai DaW Retention Module 24.00 1,080.00 45 COMP One Month Complimentary Servlce` 2.00 90,00 40 INS'I" Installatlon o1 GPS and Irispection 70.00 2,80b.U0 ; 17 INST Installation of UO Gables 20.00 340.00 I RES.A Page 75 of 155 QUOTATION Guote Number: Q134878 INSPECT • TRACK • KNOW I 18200 Cascade nve S ouae nate: Seattle,WA 96186 07q0/13 www:zonarsystems.com j Vo1ce: 206.878.2459 Pege: j Fax: 206.878.3082 2 y i yy _gT. itl Ciry W Aubum.WA Attn:Jim Felty 1305G St 3W Aubum,NiA 88001•5810 USA i 1.• re' 3. s., t ; AU61934 08l09/13 Net 90 Da K e Ross Bru f - m - - 1.; 1 FREIGHT Shipping and Handling 132.00 132.00 fnstallation to be Pertormed by Foss Audlo All 4BIN Installadons Will Cost an Additlonal$tylnstallatlon Three Year Contract Requlretl' Eady Terminatfon faes Will Apply Zonar to SendRetum Shipping Label tor 2 VlRual Trainer Unfts Upon Receipl of PO I Subtotal: 31,817.77 Total Sales Tax: 8,258.71 o — RES.A Page 76 of 155 # o f V e h i c l e s T o t a l 45 # o f N e w V e h i c l e I n s t a l l a t i o n s 40 # o f P i l o t V e h i c l e s ( c u r r e n t l y i n s t a l l e d - 1 E V I R , 4 L i g h t D u t y ) 5 # o f V e h i c l e s w / E V I R ( D i e s e l ) 14 # V e h i c l e s w i t h G P S o n l y ( L i g h t D u t y P k g ) 26 # o f I / O s n e e d e d ( i n s t a l l e d t o d e v i c e s n o t v e h i c l e s ) 18 # o f V e h i c l e s n e e d i n g e x t e r n a l a n t e n n a 3 On e - T i m e C o s t s M o n t h l y C o s t s P e r U n i t Nu m b e r o f Ve h i c l e s O n e T i m e Co s t An n u a l C o s t s CreditGrand Total $2 6 9 . 9 6 $2 5 . 9 9 14 3, 7 7 9 . 4 4 $ 4, 3 6 6 . 3 2 $ 363.86$ $1 7 . 9 6 14 25 1 . 4 4 $ $2 6 9 . 9 6 $1 7 . 9 9 26 7, 0 1 8 . 9 6 $ 5, 6 1 2 . 8 8 $ 467.74$ $1 7 . 9 9 2 21 5 . 8 8 $ 17.99$ $1 7 . 9 6 26 46 6 . 9 6 $ 26 $1 9 . 9 9 4 95 9 . 5 2 $ 79.96$ Zo n a r A V L P r i c i n g Bi l l a b l e I t e m s GP S D e v i c e ( G r o u n d T r a f f i c C o n t r o l P a c k a g e ) E V I R GP S 4 - P I N p o w e r c a b l e EV I R W W 9 / 6 P i n C a b l e An n u a l L i g h t D u t y P k g S e r v i c e Pi l o t A n n u a l L i g h t D u t y P k g S e r v i c e In l i n e F u s e K i t Pi l o t A n n u a l L i g h t D u t y G T C S e r v i c e ( O B D 2 C o n n e c t o r s ) $1 9 . 9 9 4 95 9 . 5 2 $ 79.96$ $2 4 2 . 9 6 $7 . 0 0 14 3, 4 0 1 . 4 4 $ 1, 1 7 6 . 0 0 $ 98.00$ $7 . 0 0 1 84 . 0 0 $ 7.00$ $1 7 . 9 5 $3 . 0 0 17 30 5 . 1 5 $ 61 2 . 0 0 $ 51.00$ $3 . 0 0 1 36 . 0 0 $ 3.00$ $2 6 . 9 5 3 80 . 8 5 $ $2 . 0 0 45 1, 0 8 0 . 0 0 $ 90.00$ 722.52$ $2 5 . 0 0 40 1, 0 0 0 . 0 0 $ $7 0 . 0 0 40 2, 8 0 0 . 0 0 $ $2 0 . 0 0 17 34 0 . 0 0 $ $1 3 2 . 0 0 13 2 . 0 0 $ $1 6 , 5 7 9 . 1 9 19 , 5 7 6 . 2 4 $ 14 , 1 4 2 . 6 0 $ 1,901.07$ 31,817.77$ GP S A n t e n n a K i t Ex t e n d e d D a t a S t o r a g e Fr e i g h t To t a l Ac t i v a t i o n F e e CS A I n s p e c t i o n P k g ( E V I R / P r e a n d P o s t T r i p I n s p e c t i o n ) 5 P i n D a t a I / O c a b l e Pi l o t A n n u a l L i g h t D u t y G T C S e r v i c e ( O B D 2 C o n n e c t o r s ) Pi l o t C S A I n s p e c t i o n P k g S e r v i c e Pi l o t A n n u a l D a t a I / O S e r v i c e Pi l o t C r e d i t ( S h o w n o n q u o t e a s P i l o t T o t a l $ 2 4 9 5 . 0 0 ) In s t a l l a t i o n o f G P S a n d I n s p c e t i o n In s t a l l a t i o n o f I / O C a b l e s RES.A Page 77 of 155 # of Vehicles Total 40 # of Vehicles w/ EVIR 14 # Vehicles with GPS only 26 # of I/O outputs needed 17 # of Vehicles needing Installation 28 # of Vehicles needing external antenna 3 One-Time Costs $269.96 - $17.96 $242.96 $26.95 $17.96 $29.95 $120.00 $25.00 5 Pin Data I/O cable 4-PIN power cable External Antenna Installation Extended Data Storage Activation Fee CSA Inspection Pkg (EVIR) Zonar AVL Pricing Billable Items GPS Device Ground Traffic Control (CDL) 6/9 Pin Cable $21,266.24 GPS 4PIN Power Cable 17.96 Total RES.A Page 78 of 155 Monthly Costs $17.99 $25.99 $7.00 $3.00 $2.00 $1,060.60 RES.A Page 79 of 155 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4965 Date: July 9, 2013 Department: Planning and Development Attachments: Resolution No. 4965 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4965. Background Summary: Planning and Community Development Committee discussed this issue during their May 28, 2013 regular committee meeting. PCD expressed support for the renaming of the streets in order to maintain consistency with the rebranding commitment made by the mall owner, Glimcher Realty Trust. Resolution No. 4965 has the effect of changing Supermall Way SW to Outlet Collection Way SW, Supermall Drive SW to Outlet Collection Drive SW, and Supermall Access Road to Outlet Collection Address Road. Resolution No. 4965 includes an effective date of August 1, 2013 however, additional coordination with Glimcher and the Washington State Department of Transportation is necessary in order to assure that the physical replacement of street signs is occurring concurrently with replacement of wayfinding signage throughout the city and state highway signage that guides drivers to the property. It is anticipated that these activities will occur in late August or September. On July 8, 2013, the Planning and Community Development Committee voted in favor of forwarding Resolution No. 4965 to the full City Council for action. Reviewed by Council Committees: Finance, Planning And Community Development Other: Legal Councilmember:Backus Staff:Welch Meeting Date:August 5, 2013 Item Number:RES.B AUBURN * MORE THAN YOU IMAGINEDRES.B Page 80 of 155 RESOLUTION`NO. 4 9 6 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE CHANGE OF PRIVATE STREET NAMES FROM "SUPERMALL"TO "OUTLET COLLECTION" WHEREAS, the owner of the Supermall, Glimcher Realty Trust, has requested permission to alter the name of the private street that the Supertnall is loaated on; and WHEREAS, Glimcher Realty Trust proposes that all private street, drives and ways that have a name containing "Supermall" be changed by substituting Outlet Collecfion°for"Supermall"; and WHEREAS, Glimcher Realty Trust is responsible for paying for the cost of installing new road signs containing the new name, and for aRering way-finding signage located throughout the City that currently refer to the "SupeRnall;" and WHEREAS, after review by City's intemal addressing committee, comprised of staff from the Valley Regional Fire Authority and the departments of Finance, Public Works, Police, Legal, Planning and Development; and Innovation and Technology, the Building Official has approved the name changes; and WHEREAS, the request for private street name changes has been reviewed and approved by all City Departrnent directors. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Section 1. The name change from "Supermall" in all signs for Supermall Way SW, "Supermall Drive SW", and "Supermall Access Road," and Resolution No. 4965 June 18, 2013 Page 1 of 2RES.B Page 81 of 155 all way-finding signs containing the "Supermall" name, to "Outlet Coliection" is approved, provided that any costs related thereto, including any way-finding sign changes, shall be the responsibility of Glimcher Realty Trust. Section 2. The Mayor is hereby authorized to update City databases and notify outside agencies of the name changes after the effective date of the changes: The Mayor is further 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 on August 31, 2013. Dated and Signed this day of August, 2013. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APR VED TO FORM: I . e , ity Attomey Resolution No. 4965 June 18; 2013 Page 2 of 2RES.B Page 82 of 155 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4974 Date: July 16, 2013 Department: Information Services Attachments: Resolution No. 4974 Contract Maintenance Ageement Sharp Copier breakdown Budget Impact: $46,165.54 Administrative Recommendation: City Council adopt Resolution No. 4974. Background Summary: Currently, the city invests approximately $80,000.00 per year based on a 4 year lease and an additional $80,000.00 in usage fees. In years past, leasing was the preferred method for purchasing however with technology, and enhanced work process changes we can significantly reduce that investment and still gain trade-in value and possibly extended life from purchasing those machines. Under a standard lease, maintenance is charged on a per copy basis which acts as warranty for all equipment. Now, purchases can be made the same way resulting in combined warranty and fiscal savings across multiple years. Innovation and Technology staff put out a Request for Information to seven vendors in the area to evaluate purchase versus lease. After careful consideration, Sharp Business Systems offered the lowest purchase price and ongoing maintenance. Staff recommends instituting a copier purchase plan where feasible, with an estimated 4-5 year replacement strategy to maximize efficiency and investment. Estimated savings to the City between $95,000.00 to $136,000.00 over the 4-5 year term. Funds for this expenditure would be utilized using $26,441.54 of canceled copier leases, and remaining $46,165.54 would come form Innovation & Technology Machinery and Equipment. Reviewed by Council Committees: Finance, Municipal Services Councilmember:Partridge Staff:Tiedeman AUBURN * MORE THAN YOU IMAGINEDRES.C Page 83 of 155 Meeting Date:August 5, 2013 Item Number:RES.C AUBURN * MORE THAN YOU IMAGINEDRES.C Page 84 of 155 RESOLUTION NO.A 9 7 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A PURCHASE AGREEMENT AND EXECUTE A MAINTENANCE AGREEMENT BETWEEN THE CITY OF AUBURN AND SHARP BUSINESS SYSTEMS FOR COPIER EQUIPMENT WHEREAS, several of the City's copiers are at the end of their useful life; and WHEREAS, staff, after investigation, recommends the purchase and maintenance package proposed by Sharp Business Systems; 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 a Purchase Contract and Maintenance Agreement between the City and Sharp Business Systems for copier services, which agreemerrt shall be in substantial conformity with the agreement attached hereto as Exhibit "A" and incorporated herewith Section 2. That the Mayor is authorized to implement such adminisVative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of 2013.. CITY OF AUBURN PETER B. LEWIS, MAYOR Resolution No. 4974 July 22, 2013 Page 1 of 2.RES.C Page 85 of 155 ATTEST: Danielle E. Daskam, City Clerk APPROVE S O F M: Daniel , ' , ' e Resolution No. 4974 July 22, 2013 Page 2 of 2RES.C Page 86 of 155 I COPITRACT BET'W EN CITY OB AUBUItN I AND SHARP.BUSINCSS SYSTEMS This Contract is made end entered into by and between the City ofAubum City»)and the below-named company"SupplieY' Vendo{.Name: Sl arp Business Systems, Address:18001 NE 76'St. Redmond,WA 98052 Contact: Denise Webb Phone: 206.227.2679(cell);425.885:4755 x4652 Fex: 425.883.9528 Email: Denise.Webb(stiarpusa.com ITazID: 13 1968872 1.Pumose Suppliw is to providamultifunctian copiers and relaud soflware,as well es maintenance servides to the City.This,Contiac}is autharized under a Cooperative Piachese Agreemr,nt between the City auil ihe Stute of Washington. 2. S ne of Work Supplier will pmvide equipment and maintenance services per the following: l A.VVSCA Contract 1715{State ofNevada)(Exh. A) B.WSCA Contract 07912(VJeshington State addendum)(Exh. B);and C.Sharp Business Systems proposal dated Ju 24,2013(Exh C). 3. Period of Perfonnance The period of paforniance shall commenca on the date of last signature to thia Contract,end shell terminate in accordance with tho WSCA contract,unless specifically amended by the parties: 4. Insuraucc The WSCA Contract ere amended to require the 5upplier to add the City ofAuburn as an additional in ued. I 7.9rderina,Invaicine.and Pavment Anbum/SBS Contract No. Pego I.of 3 j Dr81t date 7.2.13 i i RES.C Page 87 of 155 This Contract is subject to the written approval of thc City's contractingauthority and shall not Ue liinding until so approved. CITY OF AUBURN SHARP BUSINESS SYSTEMS Peter B.Lewis,Mayor Date Attest: Danielle&Daskam,Clerk Date Approved as to Form: Daniel B:Heid,City Attorncy Date Aubbrn/SBS ContractNo. Page 3 of3 DraB date 7.2.13 RES.C Page 88 of 155 RES.C Page 89 of 155 RES.C Page 90 of 155 Sharp Copier Breakdown Expired Department Copier Current Annual Cost Proposed New CostSavings2 year ROI3 year ROI PD Admin Copier $4,164.00 $7,535.61 -$3,371.61 $792.39 $4,956.39 Annex 2nd Floor SE $4,800.00 $8,129.47 -$3,329.47 $1,470.53 $6,270.53 M&O Copier $3,619.00 $5,581.24 -$1,962.24 $1,656.76 $5,275.76 Property Crimes Copier $2,709.00 $3,387.94 -$1,029.00 $1,680.00 $4,389.00 Senior Center Copier $2,750.00 $5,062.90 -$2,312.90 $437.10 $3,187.10 Police Evidence $3,193.00 $4,997.67 -$1,804.67 $1,388.33 $4,581.33 Records $3,297.00 $5,827.90 -$2,530.90 $766.10 $4,063.10 Finance $4,641.00 $8,789.67 -$4,148.67 $492.33 $5,133.33 Printshop B&W $12,812.00 $23,294.66 -$10,482.66 $2,329.34 $15,141.34 Total $41,985.00 $72,607.06 -$30,972.12 $11,012.88 $52,997.88 Expiring 2013 Department Copier Current Yearly Cost Proposed New CostSavings2 year ROI3 year ROI Printshop Color $10,902 $20,608 -$9,706 $1,196 $12,098 TotalsTotals Rev. 072313 RES.C Page 91 of 155 4 year ROI5 year ROI 2012 Yearly Usage/ Maintenance Costs $9,120.39 $13,284.39 $2,862.00 $11,070.53 $15,870.53 $3,699.00 $8,894.76 $12,513.76 $1,886.00 $7,098.00 $9,807.00 $183.00 $5,937.10 $8,687.10 $613.00 $7,774.33 $10,967.33 $323.00 $7,360.10 $10,657.10 $1,885.00 $9,774.33 $14,415.33 $4,926.00 $27,953.34 $40,765.34 $2,523.00 $94,982.88 $136,967.88 $18,900.00 4 year ROI5 year ROI 2012 Yearly Usage CostsExpire Date $23,000 $33,902 $2,450 9/30/2013 RES.C Page 92 of 155 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4976 Date: July 29, 2013 Department: Public Works Attachments: Resolution No. 4976 Attachment A - Resolution No. 2568 Attachment B - Resolution No. 2781 Attachment C - Resolution No. 3383 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4976. Background Summary: Resolution No. 4976 authorizes the Mayor and the Public Works Director to perform the necessary actions to withdraw from the South King County Regional Water Association (SKCRWA) and from the Joint Operating Agreement among the members of the Association. The primary goals and objectives that supported Auburn’s membership and participation in the SKCRWA have been accomplished, resulting in interlocal cooperative agreements for the emergency interties with adjacent water purveyors. Continued membership in the Association has limited benefits. Staff will continue participation in the Washington Water Utility Council (WWUC) and will seek additional opportunities for continued interaction with adjacent water purveyors. Reviewed by Council Committees: Finance, Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:August 5, 2013 Item Number:RES.D AUBURN * MORE THAN YOU IMAGINEDRES.D Page 93 of 155 RESOLUTION NO.4976 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO PERFORM THE NECESSARY ACTIONS TO WITHDRAW FROM TME SOUTH K,ING COUNTY REGIONAL WATER ASSOCIATION AND FROM THE JOINT OPERATING AGREEMENT AMONG THE MEMBERS OFTHE ASSOCIATION WHEREAS, the City of Aubum ("Aubum") is a member of the South King County Regional Water Association {"SKCRWA") consisting of the cities of Algona, Aubum, Black Diamond, and Pacific, as well as the Lakehaven Utility District, the Soos Creek Water and Sewer District, and King County Water District #111, and has entered into a Joint Operating Agreement ("JOA") withthe members ofi the Association, as authorized by Resolution No. 2568, adopted June 5, 1995 as mod ed by Resolution 2781, adopted December 2, 1996 and. Resolution 3383, adopted August 17, 2001; and WHEREAS, the primary goals and objectives that supported Aubum's membership and participation in the SKCRWA and JOA, as well as the mutual goals of other members of SKCRWA have also been accomplished, resulting in interlocal cooperative agreements for the emergency interties with adjacent water purveyors where physically feasible have been accomplished; and WHEREAS, by working closely in cooperation with other South King County water purveyors the City has secured its system thru a series of emergency interties and water supply agreemer ts sufficierrt to support its future needs; and Resolution No. 4976 July 17, 2013 Page 1 of 2RES.D Page 94 of 155 WHEREAS, The City sees no furthe substantial benefits that would require continuing this formal agreement with adjacent purveyors that cannot not. be reasonably accomplished in the absence of the JOA; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to notify the SKCRWA that the City is withdrawing from membership, and withdrawing from the Joint Operating Agreement. 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: Daniell : Daskam, City Clerk APR O R : Daniel B. Heid, City Attomey Resolution No. 4976 July 17, 2013 Page 2 of 2RES.D Page 95 of 155 i i I I 1 R880LDTION BO. 2 8' 6 B I i 2 3 A R880LUTION OF TH8 CITY_ COUtiCIL OF TEIS CITY OF AQBURN j WASHINGTOAI AUT80RIZING TH8 'NlAYOR AND CITY CLERR TO E7C$CU'PB SOUTH `KING COIINTY REGIONAL WATSR A880CIATION JOINT OPBRATING 4 AGItEIIHENT BETWEEN PBRTICIPATING CITIE3 OF KENT SLACR DIAMOND, 5 AIIBQi i COVINGTON WATBR DISTRICT AND RING COONTY WI Tfis DISTRICT, NO. 111. 6 WHBREAS, pursuant to RCW 39.34 entitled the "Interlocal 8 Cooparation Act", the City oP Auburn is authorizeii to enter 9 into agreemanta with other publio aqeacies to provide Par the 10 most ePPicient servicea; and iT 3 an adequate and saPe water supply for South icing ' 12 County Regional Water Assxiation (SIQtWA) ie vital to both 13 isting citizens and the long-term aomprehensive plar s oP 14 Sla2WS artd 15 g' g $tate and 8&RWA have preparad a Coordinated 16 Water System Plan (CwSP) Por South Ring 'COUnty; and 17 wti s, projects that pravide for the joint use anci 1B operation oP supply, transmission, storage, treatment, and 19 pumping facilitiea to minimize coap, provide for improved water aliqu ty, protect the environment, provide ior emergency i I 21 needs and maximize the bast use of the resource is in the bast in£erest oP the citizens oP the region. 22 i NOW THERSFORE THE CITY COUNCIL OF THB CITY OF AUBIIBDT. WA3HINGTON IN A REGIILAR MEETING,. DIILY ASSffiNBLED }ffiRBWI'1'H RS&OLVES A3 FOLLO P3: 26 ResalWbn Na 2566 May 15,7985 PAge1 RES.D Page 96 of 155 i i i i i 1 2 eeation 1. The Mayor and City Clerk of the City are j 3 hereby suthorized to exacute' south Rixq County Reqional Water I 4 Asaociation Joint Oparating Aqraemant. A copy of said 5 Agreement is attache8 hereto, denomit ated as 8xhibit "A", and 6 made a part hereof as thouqh set Porth in Pull hereln. 7 eeotion 2. The Mayor is hereby authorized to implement i 8 suoh administrative prxedures as may be necessary to carry 9 out tha directives oP this legislation. 10 SIaNED this Sth 8ay oP Juna, 1995. 11 CITY 08 AQSURN 12 13 p n G. QRA 14 CHARLBS A. SOOTS i I5 xa i 16 ATTEST: i 17 18 _ i i Ro n wolilhue er, 19 City Clerk I 2U 21 AppgOVED AS TO FORM: I23 86 S. Reynol e, City Attorney II 25 I 26 i R Alan No.Z568 May 16,1996 2 RES.D Page 97 of 155 i f,q SOUTH KII TG COUNTY.REGIONAL WATER ASSOCIATiON JOIlVT OPERA'PIIKG AGREEMEN7' i I Januacy 1995 i VVF itSAS, an adequate and safe water supply for South Kin6 Connry Regional Water I Assoas6an (SRCRWA) is vital to both atistmg catizeos and impiemmRing the long-term IcomprahonsivapianaofSKCRWA;and WFffiItEAS, tho State and SKCRWA prepared a Coordineted Water Syatem Plan CWSP)for South King County;and Wf REAS,projects that provide for the joi use and opee on of suPP Y. sto age,, d P P B facilities to miniuilu cost, Provide fot impnoved watm'quslity, protxt the mvironmmt, provide for aae cy neads,d mapmiu the ba use of tFce raso arce is ip thp best inte eat of the citiuro ofthe regioa; I WE REAS, the curront and near-term water needs of the local gov nnnaots aud SKCRWA reqvira ateps to establish a cooperative subregional water aupply system;and WF REAS, t6e SKCRWA is committed to coopm'ate toward ragionai suli doas for loog Se PP Y NOB TFIEREFO1tE, the SKCRWA membera es the imtial devdopers o' t}us Joint OPe atinB Agrameat(JOA),agree as follrnvs:. 1. GENERA.L A Tha Mem6ers acicnowledga the requirement to inco:porata land use plaaning es defined by the Growth Msnagement Act with water supply plsaeing;and I I B. TLa Members re gniu the bene6ts of developing a wbragional wata' supply system tliat aill allow the optitnum use of surface mid groundweter to better meaage and protecx the area's watu resowcx and C. The Manbare wil! hold a jam meatiog at least ennusIly about Soptomber 30th tq I roview the status of this JOA:and .any Amendments as wo as othcQ problems bf mutual coabern. Tiia speci5c data,tima, and locaflon of the meating will be s by mud al agroament. I i i Exhibit "A" Resolution No. 2568 Jmusry 13.1993 1' 3"d0° RES.D Page 98 of 155 ii i I 2• NT A The generel iMern of the Mambara is to cooporatively provida t6e additionel facilitios nceded to develop a South Ring CouMy Subregional Wat Supply System(Subregional System). Thb Membeis may c}ioose by Interlocal Agroemart to produw edditional wator and d'sVibuto it within the Subregiwial Syatem, with or without change w their retai!sayice azea i H. The JUA provides a fiamnawork for jo'uct developcna t of apacific projects tl at msy mclude two or more of the Participants. Each cility projoct aad/or intottio shaU be developed undara sepazaze Interlocal Agireeti ont(IA)consistem w ith this70A Isubjecttoapprovalbyappropriateaffectedcitycounciland/or wata dieuiex boards. The apeafic irn tt of tfiis JOA is to mske provisiona for a at derdiaed method to croate or w pend tha Subregioael System to moat the pubGc wacer AP Y neads for both emargency and long-tam usg and to eatablish a besis Sor egrcement between tha Participaras for 6pancing, ownership, conatnictio4 and operation of projecta raquired for tha Stiliragional Systmn. These projecta may iacluda common facilities with other Agoncies outside the SKCRWA It is fuRha the specafic intent of this 70A to.presarvo existing water riBhis and i` proted:the estabTuhad or pianned intexst aad aeeds of oach Pmticipaat with respect to sources of water. E dribit:A is a suggested conteM of what should bt included in eac6 Iatttlocal ASreemmt C. It is the de re of the Membgrs tbat this JOA be incorlmratai into the SouW King County CWSP at the nact update. D. The teim"Perticipant"ae used in this JOA slmll maan all the signatories of an IA consistent with aad imple nmted subsequaR to this JOA E. Tlx tam "meinbers" as used in this JOA ehsll cnean all t6e tnembera of tha SKCRWA whath they have signed this JOA or not E 3. SUBREGIONAL SIIPPLY SYSTEM AND SERVECE AREA a °$UbI lODB$)S[OID°SE18ll E80. a) that portion of the Yartiaparas'sowces,uuertiee,iransmissiaa,end atora6e I systems requirod to aupply wata.to the savIce area of the Partiapants or new fac7itiae as de8ned by a sapacate IA. I u.i9ss 2- J I IRES.D Page 99 of 155 i b) those desigoated capaaties vvithin s Participant system, as spea5cally de5ned'm the appropriata lA B. "Servica Area of tha Subregionel System" shall mean ihe Partidparrts' Designated Water Sarvice Arees identtfied in the CWSP as shown on F.xhibit B or es approv8d by amendmmts to the CWSP or the Pertiapants'Compcehan va Wazer Plaa I C. "FacBity Owaerehip". Ownership of ttu plq+sical fealitias t6et wdst on the dete of this 70A ahall remein wit6 the in ividuat Partiapmda. Unless othetwiae eg ad to within a spacific IA, ownatshlp end operatioml respone ib ities of new c lidea shall be basod generaily on location in designated sarvice areea, with aapacity rights dafiaed bY apProPriata IA 4. WATER SUPPLY-CAPACITY RiGH15 A. Can,y Riahta - F.ach Participant may purc6aso capacity in planned imprdvem ta to tha Subregional 5ystam. Aay changes in these capacity rigMs shall be rxo8niud b5' en I ePProved by the aPP PT effectod aty eowtals and/or water dishict boazds. B. dsli4 JOA Partiapgg(,g-Othor ageaoies maP PurcLase capac.itY nghts in the Subregional system with conaent.of the SICCRwA. such conaent shall not be unreasonably wit6held. If other`agenaes bceome a JOA Participant in flidne Pto.le s. Psat ta recognizod by tlm JOA inc[uding, but not limited to co I associated with davelopment a£thia JOA, Water Rights, nogotiations, Y I Feasblity Studiaa wi11 bo assessed to the w agency.. 1 C. Wholeaalina Water - The Partiapaats maq wholesste water thcnugh lease or j otherwise, deltvaed through the Subcegional System to arees artaido of ParticipaM's respactive Savia Aree, so long as t]ia other PmticipaMe' cepacity riglrtv ara not negativety impactad. Members of the SKCRWA shell hava xight of Srst refiisel for excess capaaty whid arould be sold to non-members. i D. Conservasion and CuetailmeM. AIl Particapants will develop and implanart a i conservatiaa plan that is coasiatent with State guidelines and will incoipoiate iguidancetoeawuathatthairprogrsm.ls campatible with tLe Consarvation Plen implemetttad by the aource of euPPh' a8ency. In additioq if a source of suPP Y agency devdops and implemente;a wrtaitmeat plan all Purchasers ahall davelop and implomant a wmpaLble anta plan. E. rv- An objective of tlu Mmiba s is to mei ain the qualiry of the watar ia tlu Subregionel System at.or above the quality ra uirbd by tha State dtinl g water standarda. Tho purdusing Participant w ll ba m,sponeibla for answing watar . qual"rty blan ng mwlyses and other water quality issues are resolved to their own j lnwry 13.1995 3• A7960'Ja.doo RES.D Page 100 of 155 setisfaction The Participsuts will meet periodically W eoaure tLaz watu quelity and oparatio l isauea ere addressed, and tfiat neaded inforn ation is ao ged in a tunely fas6ion. The writton results ofthe,se meetinga will be ana:lated io a Umely menner to all mm bere and perticipeuts and reviewed at tlu ammal meating. F. Additional Facilitiea-Projected needs will be identiRed by t6e.Patticipants beeed on the Partiapant's designet service areas. As fivb or more yee a may b8 needed to bring major naw source capacity capabifitios on Gnq frvayear and tai-yoar foreceets are requirad,end must ba updeted whenover a Partiapant bacamea aware of any aigniscane change in uuir forecesc a ana. Tneso w;u be dis«}ointty ea they arise,and mviewed at the annual mating. G. g1.8 - Each Project IA will include pertment datails of 6nencing for t&et project. Financaal paRiapatioa in eadating and additional fac ides will ba basod on eac}t Perticipant's projacted neaQ for each facility,as desi8 Pa+tY n8 H, Coat of Service Charae - Tho Manbers and Participanta wiD estabGsh wholesale wator selea chsrges for both omergmcy and long-tarm auPP1Y tLet includo: (1) capital cast, (2) Sxed opacatmg co, and (3) a vaziable operating cosCbased on 9uantity ofwater dd'rvered based on actual costs of providing the service. Fixad aad veriabls operating end a eintene ux costs paymants will be mada monthty per metor aad uae rate.s. Projeaod aanual rate adjusmunte and docume rtation shali be provided at the a al meeting. Any rate incxeeae will 6e offoctive begianing Jaaiary 1,oftha following yeer.. 1) The Rates and Chargea for the caP, oP o4 end maintenm ce of the system shell be based on the following: a) Caoifal Cost - T'hose construction ralated costs incutrad for P uY$ P+ Costs fbr fac ities co acxed aolely fa'a sp iflc pcojax (deacn'bed in an IA) are allocated basod on designatad capaaty to be purchased. Capital casts shell include the debt service for each Partiapant. Such debt sarvice shall bedeSned es t6e eduel debt savice on dabt issued for the Partiapam's proportionate ahare of caP?h'n8. or if no dobt is issued for the PazficipaaYs.eosts by tha 8mnang Paztiapant, tLe emortized vatue at the interest rete of tha mu recait revanuo boad iseuad by the finanae g Partiapaat over 20 rears. Iiowavar, shouid ell capitel costs be paid 'm £ull by any Participent purchasin8 capacitY righta Pnor to the dme of the 8nanciug Pertioipant inm ring tha coats,no i erost chugas shell be assigned to the Partiapam purchasing wpacity rights. i I i i Jeouuy 13,1995 JI- 3960 m,doo i RES.D Page 101 of 155 i Capital Costs assoaatod with a supplying PartiapaiR's conshuction of thair uuernal wazar system facilitias may bo included io tha fixod end variable opecating costs as appropriate, using cost of emvia PnaciPles, in the aeme mmn r as thoae costs sra included in tha aupplying Pa tiapa's customer rate base. ro) P SSit B Cost- The at of labor, auP n. +PP ut tties. services, taxes, iosurancq and all other costs required w operate and maiotaia tha systom other than tLose ftema incbided undor Variable Oparating Cost: The operatmg co wHl include an allocation for renewal and raplacamant. c) Veriable erating Cost-Those costa directly proportiooato to tha volume of water producod, induding chermcals, eixroio power,and other costs required w mea customer and syatarn neads not inctudad'm(a)and(b)above. 2) Ars l Subregioaal System accou ing ahall be docauneirted in acwrdenoe with Ben Y P 8 Prac s acoaPteble to ihe Participanta 5. ADMIIVISTRATIVE.LEGAL AND OTHER PROVISIONS A. Each Partiapart ahall de gnate m writing their ispresootative revpoaa le for coordinetion ead 'unplamen4ation of the JOA and the subsequoM IAa 17m desigoated individusis w I be the primaty contact for all project apprwafs and communicatioa end shell prepare aud pubtish a sohedule aad plan to faalitete tho P,Y-bS-Y oP tion offacilities assoaated with the 70A. j An Aanual Meeting of tha Members and Participanta al ell be held to t eview pe activity and to propose efforts that may lead to fiuther Amendmerus m this JOA B. This JOA shall remain in full force iinless terminated by mutual agreement. Aay I Member may requast Amendmant to this JOA at aay time with approval subjax to SKCRWA Bylaws. i i j i tmory t3,tsss S- . 419 aeoo RES.D Page 102 of 155 nv wizNess w BOF, cne sxcxwn roemt eroro n+o s«t ims mc so a no o s sno aay i, ZG gy; r. 'docT 1 1"rt1B:yor Charlas A. Booth City Of Ailbum Atteat: sY: -Gx..l. Robin Wohlhuetez, City Clerk As To' B . ' Michael J. Reynolda, City Attorney By: _ Titla City ofBlack Dimnoad Attest: I By: Approved As To Form i By. lBy: TiHe: Covingtoa Water District i Attast: i sy: Approved As To Form: By: rmuey u t s b- a sso O.aoo RES.D Page 103 of 155 i y: By: Approved As To Form: By:AA.I C ( tP- ayr,"t'. u''/ /t?•T•y I y; f.t.v • . rnt: xrog c;,w c«n;c#i i nzi - - By: _ -... Approv As To Form: By: sy; TiUe: Date: Attast: By: i Approvod As To Form: i By: I i JdwM'U.1993 7• 43960:jmdoa iRES.D Page 104 of 155 I i By iYQ:- Date: Attest: By: Approved As To Foim: By: Br ruo: e: Attest: By: Approved As To Form: B" i i i I i i I vrl.sn u.me i RES.D Page 105 of 155 i EXHIDIT A SOUTH KING COIINTY REGIONAL WATER ASSOCIATlON dOINT OPERATIIdGAGREF.TT CHE IQdST FOR INTERLOCAL AGREEMENT9 1. Project 1"itle 2. Geaeral O List of Ut i6as to be Perties to the I adocal Agreameat (IA) and approval of appropriate city counais and/or water district boards. O Coaaiateacy with Jou t Operating Agreemart(JOA). O Descaiption ofnead for project.. O Listing of potential Wholesale automae for wata pa Secxion 4.0 of the JOA O Reco ition of asseasmmt of coste assoaated with development of 70A per Section 4.B ofthb 70A i O Recoguition South King County Regionel Weter Association (SKCRWA) merobere have right of Erst refusal on excese capacity por 3action 4.G of Wa JOA. Recognition t6at capacity and wator:ights are evailable to meet tha aeeds of the IA. 3. Description of the Projea Inclusion of a drawiog(or description) which:id tifies aU the fac ities to be caaviderad with'sn the IA Inciuded witian the descriptioa.ahouW be all jointtq and solety oivned i faaliaes that ere to be operated or paid for by a Party to the IA The information wiUiln the descriptioa slwuld include tho foDowing: j LAng-term ownership of tl e facility Party raspo ar'ble for lrn g-tam maurtenaa e ofthe facitity Party responsible for paymarrt for dasign and conspuction for the fac lity I 4. Pmject Costa,Financing,and Capaaty Rig6ts O Description of all project costs and the allocation to each Party. O Defimtion of Capacity rights for all facilities. i r.mmr u.ivss 1- a,sso:e,mmaaao I I IRES.D Page 106 of 155 0 befinition of cost sharing for long term maintenance for each facility. Ddinition of inethods of reimbwsement for momes axpended('if required). O Desaiption of nny appGcabla late omer fees or hook-up chargas. 0 Description of raquirements for record keeping and monitoring of costa. O Dascription of manna to finance project.and to pay for purchased water includ'wg initial costs and mathod to adjust costs bver time. 5. Project Design and Construetion Management. O Definition of overell projecx management responsibilities. Dafinidon of design and consbvction managenu.nt responsib'7'es for iadividual facilities. Description of basic periodic mesting achedule for projoct reviaw. 6. Conditiaas of Service O Limitations to sourca sharina or dalivary of water('if azry). Deaign Critaria for fuU project. I O m and mapmum flow rates sad preasures. i Items speafically excluded from the project. 7. Term of Duration of the Agreemerst Discussion of the tength of time the agreammt is in effect as well as the method to I temtinate the agreement and succeeding egarcies'obligatians. 8. Amendmerus Methods by which the agreem t wutd be emended. 9. Hold harnileas,liability language, etc. I 1 ww.y,isss 2- ns w:s,m w.aoo RES.D Page 107 of 155 i 1 R880LTJTZODT N0. $ 7 B i 2 g A RESOLUTION OF THT CITY COUNCIL OF THS CITY OF AUBURN, WASHINGTON, AUTHORIZIPG TH8 MAYOR AND CITY CLERR TO EXECUTE 4 30IITH KZNC} COONTY RfiGIORAL PATER A330CIATION JOINT OPERATINC3 5 AGRESI NT BETWEEN PARTICIPATING CITIE3 OF KBNT, BLACR DIAMOND, ALGONA AND AUBURN, COVINGTOIQ PATER DISTRICT, LAKEIiAVEN DTILITY g DI3TRICT, 5003 CREEK WATER AND SEWER DI3TRICP AND KING COUNTY WATER DISTRICT N0. 111. 7 i WHEREAS, pureuant to RCW 39.34 entitled the "Interlocal 9 I Cooperation Act", the City of Aubum ie authorized to enter 10 11 into agreemente with other public agenciea to provide for the 12 moet efficient eervices; and 13 Wt REAS, an adequate and safe water eupply for South King 14 County Regional water Aseociatioxi (3KRWA) and ita members is. 15 vital to both existing citizena and the long-term 16 17 compreheasive plana of SIaiwA members; and g WHEREAS, the State and SKRWA have prepared a Coordinated 3 VPater System Plan (CNT3P) for South King County; and Wf REAS, projects that provide for the coordinated and 21 cooperative uee and oparation of supply, transmieaion, 22 etorage, treatment, and pumping facilitiee to minimize cost, provide for improved water quality, protect the environment, 25 26 Seeolution No.. 2781 November 5, 1996 Pagn 1 RES.D Page 108 of 155 I j I I i I 1 provide for emergency neede and maximize the beat uae of the 2 resource is in the beat interest of the citizene of the 3 region. 4 5 NOiP, THEREFORE, THE CITY COUNCIL OF THE CITS[ OF AIIHURN, 6 PTASHINGTON, IN A REGULAR t'lEETING, DIILY AS3EMBLSD, FIEREWITH 7 RESOLVES A3 FOLLOWS: 8 sBetien 1. The Mayor and City Clerk of the City are 9 hereby authorized to execute South King County Regional water 10 11 sociation Joint Operating Agreement. A copy of said 12 Agreement ie attachad hereto, denominated ae Exhibit AAAy and 13 de a part hereof as though set forth in full herein. 14 Seatiam 2. The Mayor is hereby authorized to implement 15 such adminietrative procadurae ae may be neceeaary to carry I 16 17 out the directivea of thie legislation. 18 I 19 DATED and SICiNED this 2nd day of December, 1996. j 20 CSTY OF AIISIIRN 21 I i i 23 N ed i CHARLEB A. BOOTH Mayor i 25 26 Resolutioa.NO. Z781 Novembar 5, 1996 Page 2 i RES.D Page 109 of 155 i ii i I i I 1 I, Z ATTE3T: I 3 4 5 f u. Robin Wo lhueter, S City Clerk 7 8 APPROV&D AS TO FORM: 9 10 ii 1 12 Michael J. Reynolds, City Attorney 19 i 14 15 16 i 17 I 18 I 19 i A i 21 2'L 23 24 i 25 26 Reeolutioa xo. 2781 Nave7N e! 5 1996 Page 3 RES.D Page 110 of 155 I a 8'/ I SOUTA KING COIINTY REGIONAL WATER AS50CIATlON JOINT OPERATIlVGAGREEMENT i i Revised October 1996 i Wf REAS, an adequate md eafe water supply for South KinB Courty Regiamal Water Aasociation(SKCRWA)and'rts mambers is,vital to both e dsting cidz s and'm impl neraing the long-tarm wmprehen ve p2ans of SKCRWA members;and WFIEREAS, the State and SKCRWA prepared a Coordinated Water Syat Pian CWSP)for South KinB CouatY'.aad VVHEREAS,projecta that provide for the coordioated and cooperarive uae and operation of supPly, transioiaeion, sMrago, treatmem, a pumping Cilities M minimiu cost, provide for m proved water 9 Y,P ect the environment,provide for omergeacy eds, and ma mi e the beat use of the resource is in the beat interest of the citi s of the region; WHER6AS, the cumirt and neao-terai water needs of the local govaivmeerts and SKCRWA require stepa to esteblish a coopecative subngional wata supply syatem;artd i WF tSAS,the SKCRWA ia committed to cooperato toward regianel sotutions for long i raoge water supply nads. NOW TFff,+REFORE, the SKCRWA sig atory members of thia Jomt Oparating I Agroemem(70A).agree as follows: I 1. GENERAL I A The Signatory Members acknowlaiga the requiremont to ineoryorate lend use pfanning as defroed by the(irowth Management Act with water suPP1Y P B> and i B. The Signstory Mombers reoogniu the bene&s of davetoping a subregional water PPh' em that will allow the optimum uae of a vface and groimdwatc bo better manage and protect the ares:a water resourcer and I C. Tha Signatory Mombers will hold an Aatwal Meeting about Saptember 30th to review the status of this JOA and any Amenda ata as well ae other ptnblems of I. mutual co uxrn. Tha specific dete,riuie,end ocation of the meeting vvill be set by rtn wal agreament. i oao6ce. Ivss j- I 1 RES.D Page 111 of 155 2. A The general inunt is to create a method for the Sigmtory Mmibers to cooperetivaly use cortain existing facilities and construct aew tkeilities naoded to develop a subregional wazer ays[em The Signetory Mambars may mutually agree by Uderlocel AgaemaM to produce additional water and disuibute it within the Subrogional3ervice Area, with orvinthout c}iange to their retail se vice ares. B. The JOA providea a 6 amework for joint dovdopmem of spxi6c projecta that may include two or more Participanta. Each facility project and/ot intertie shall be developed under a par e.G torlocal Agreema t (IA) consistont with tdia JOA bject w approvat bY aPPtaP ista affected dty counal and/or water disa ict boards. The spxiSc iarent of ttiis 70A is to make pravisioas for a standardi ed form to croate oraryand cooperative agreamantv to moet the public water,supply needa for both amergency mid long-tecm use,end to eslablieh a be a for agteom t betwaa Partiapants for 5nanci ownership, consuuction, and operation of mutualty beneflcial projeas requged to achievc 000perative objec ivos. These P'oJects may include common facilitiea with othm Agendes outside the SKCRWA j P B' I It is 6uther tha epecific mtant of this JOA to praserve Signatory Members'e tisfiog water rights and protxt the established or planned interest aad eds of eadi Signatory Mamber with respxt to sow cee of water. Suggested co ent for an lmedocal Agreemant is shown in Pacfdbit A . C. It is the dc9ae of the Si oatory Memb e that tLis JOA be iocorporated iaYO tue South King Counry CVUSP at the nau update. D. The term"Partiapant"as usad in tlus JOA shall mean alI the signazoriea of en IA IconaisteptwithaztdimplemeeettedsubseyuttothisJOA I E. The tarm"Signatory Membars°as used in this JOA shall mem all tha membm s of the SKCRWA who have aigned tlna JOA I I 3. LB1tEGIONAL SERViCE AREA AND FACII.TI7NS A. "Subregional 5ervice Area"shell mean the Signatory Membera' Designatad Water Sarvice Arese ideMi&ed in the CWSP or es approved by amendmems to tha CWSP or the PertiapmtSKCRWA members'Comprehmsive Water Plaae. I I oa a is9s 2- I I i RES.D Page 112 of 155 i I i I I B. "Subregiaael Faalitiea"shall mean:i a) that portion of the PaRicipaNS'eources,intertiea,trensmissioa,and atorage syscems required to supply water to the s vice azea of the Participants or new facilidas as defined by a eeparata IApureuant to thie JOA b) thase deaignated capaciriae witLin a Participant eystem es speciBcallY da6ned in an aPPropriata IA. C. "Facility Owners}dp". Owa6iship of the physical facil8ies t6at atist on the dato of this JOA ahali rommn with tho individual 3igiatory Membera. Usdesa othaiwisa agreed to witfiin a specific IA,.ownership and operational responsibilitiee of new fac 7ities ahell ba basad gemm ally on locetion in dawgnated aervicx azeae, with Y g d nod bS aPPtoPriaba IA 4. WATER SUPPLY-CAPACITY RiGHT3 A. Riahta-PartiapaMS may purchasc capacity by IA. Any chenges in these P Y nShta shaU be recognized 6Y bY aDProPnate affected aty councils end/or water dist ict boaida. B. Addkional JOA PartiapaMS - Other egemaos may purohase capaciry nghts in subrogional faciliCOS aubject W the provisions of paragraph 4.C. If other agenciea bacome Signatory Membere of the SKCRWA and bacomo Partiapants in future proj ts undertaken undar this 70A and fLwre IAs, past coats asnocietod with devdopment of this JOA wili be asseseal to ths new agency as apecd8ed in Exhibit B. C. Wh u g Water- I a) A Signatory Membar may wholeeale water through lease or othawiee, de6vorod through subregionel cilities to areas outside of tha Signetory Member's Sarvioe Atea, kmg as the other Sig retory Membets' caPacitY i rights are nM nagaziye(Y imPacxed.. Sig atory Members of the SKCRWA agroe I that,where feasible antl mumelly beneficial, thay will coordioate Plmnmg and development of wretc resources. b) Signatory Mombers fiuther;agea that grior to antering into any agreamant to deliver long torm water suPP19 or honsEivct joiut facilitios witfi a noa-SiB rY Member agencY>theY will firet ke a good.fsith effort to offer such suppfios I and/or capa aties to Sigaatory Memtiers (provide t6e rig6t of Sret mS sal). Such offers aball bo meda on a coat of se vice basis as esteb6ahed bY P e IA Signatory Manbers shall have 60 days to reapond. i i o coeee, isse 3- I i RES.D Page 113 of 155 c) sigoatory Members agrx that when entrrmg ioto any agr to deGver long term watar supply'or constrnct joint facilities with a non-Sigpatory Meanbar agency m aocordanco vvith tlthis JOA,they will inciude end collect.for remittance to the SKCRWA a fee for reimburaemmt of the costs for developmant of tha JOA as specified in AttacM nt B. Regulaz meetings of the SRCRWA shall be the fonun for meking SiguaWry M bers aware of diacusvons ragarding water salos aad joint ProJacts, howeva sll offers of pazricipatiort or requasb for par[icipation ahall be io writing with copiea w other Signatory Membera. I D. Conaervatioa All Partiapeots will develop and impletnent a consarvation plan that is coneiatent wit6 State guide6nas.`Additional or eupplamental consarvation requiraneMa beyond ba c programs roay ba included in a speafic Imedocel Agrcement• E. Curtaij t 1n general, cuRailmant for delivbry af`irm water" ahall be on a uniform percmtage besis f both wholesale and retail custome s and currailmoat for delivery of'Sateciuptible waid' shall be on a 'Yast in Srst out" baais aa deternuned by the date of formel agrxmaM. 3patific auteilment ragu'vem ts and provisions shell be inoluded in Imoriocal Agreamems implemented undar this IOA.i F. - An objective of the Siguatory Mambers is to maintaia tlu quality of d e I water in the subragional 8acilities at or aboye the quality reqaired by the Stato drinitiog weter standstda. Tlie p6rchesing Participant will be respon9Eble for B 4 ttp blending analyees and other water quality issues are Iresolvodtotheirownsatisfaction:. The Sigqatory Mambars may moet pariodically to oosure thac wat quality aod operetione[iesuea are addrossad, and ttiat ded Iinformationiaexchangedinatima[y faehion. The wriuen results of these mcetinga wip be circuleted in a timdy mazmer m aIl mamtiers and partiapante and reviewed I at the anoua!meating. i G. Additional Facilities-projected aeeds will be ideatified by tlte Participaats basad on the ParticipanNs designatod service aroas. As five or mora years may tie needed to bring msjor rew sovroe capacity capabititiea on lina, flvo-year md t-Yeaz' forecasts aza requim,d,and must be updated whenever a Participant becomes awere. of atty aigm8cant chan a in thar£orecest demand. These wi'll be discuased.lo Y as thay srise, and reviewad at the aaswat m ting. I H. nancins - Bach Project IA will include pettinent ddails of g for thet i project. Financial pa tiapation m a dsting and adclidonal facllities will be based on esoh Participant's Prajected n d foreach facilitY.as desiB sted capaciry B1rts• j Otla6c& 19%4-I RES.D Page 114 of 155 I I I I. Cost of Service Charae - T6e Signatory Members aad Partiapams wip establish i.wholesale water sales sharges for'both emargency and long-tecro suPP Y include: (1)capital cost,(2)fixed operating cost, and(3)a variable opr,ratiag cost i6asedonquentiryofwaterdelivedbasedonactualcostsofprovidingtheservice. Fixod and variable operating arnl maiTrtenance coats payments will be made monthiy per matsr and use ratas. Projected annual rate adjushneata aad dotaamentation shall be provided at the aatival meeting. Any rate increase will be effective beginning 7anuary 1,of the following year. I) The Rates and Charges for the capital, operation, and maintenance of t6e I system shall be based oe the following: a) Sa mtel Cost - Those conatruction rekated coats incurred for Capaciry Rights. Capital Costs for facilitiea contracted eolaly for a speafic project (de.vcribed in an lA) are aUocated based on designated capacity to bo purohesed. Capital coats shall inaluda the d t s vice for each Participac t. Suuh debt aervice shall lie defined as the actual dabt savice on debt i ued for the ParticipaM's proportionste share of aapeciry rights, iorifnodabtisissuedfortheParticipaaYacostsbythefinenciag Partinipant, the amortized value at tha mterest rate of the most receat revenue bond issued by t6e fmanang Pmticipant ovar 20 yeazs. However, should all capital oosts be paid in fiill by any Participart purchasing capaoiry rights prior to the time oF the nancing PartiapaM incurring tha costs,no inta est charges shalt be assigned to the ParticiP Pura 6 P tY I Capital Costs assoaateci with a supplying Pertiapairt's construction of their intoroal watw system faciliUes may ba included in the f azid veriable operating costs as appropriate, using oost o£service I principles, in tha same manaer as those coats are induded in t6a supplying Participaut's wstomer rete base. b) F'nc Cost - The oost of labor, suparviaion, aupplies, uWtties, s vic, taxas, insurance, and all other costs raqurced to I oparate and die rtein tlie syatem other than thoae items included wider Variable Oparating Cost. T6e operating cost v+ili include an allocation fnr renewal and replaceme rt. c) Vsriable Ooeretine Cost-Thoso costs dvatly proportionate to the volume of watef produced, including chemicals, elxtric power,and other coats requued w meat customer and system neads uot included in(a)and(b)above. Ottober8, 1996 S" j RES.D Page 115 of 155 i i 2 Subregional facilitiea accounting shatl be documonted ia accordance with gmaallY accepted accounting p;actices acceptable to the PaRicipmrts. S. ADMIlVISTRATIVE.LEGAL AND OTAER PROVISIONS A Each Sigoatory Member.shall designate in w iting their repreaentative reapons ble for coordination and imple ne rtation of the JOA and the subsequeM IAs. The dasiguaud individuals will be the Primazy doMact for all projed approvels and communicetion aad ahall preparp mid publish a achodule and plan to faoilitate tha P 8. aaY-nY-Y aP ion of faciti6es associst with the ua t lAs. I B. Signatory Mambers may propose Amendments to this JOA at azry time. Signatory I Mambacs shall vote on proposad Amendm ts az tha Annual Mestmg. A quowm i of Signapory Members preseat ehell approqe aqy Amendmeats to this JOA prior to the.ir svisn3ttal w Signazory Mentb s oity councils end/or watef district boazds for i approval. A Spacia) Meating of the Signatory Membera may be cetled for the i purpose of am ding this JOA by two thirds of the Sigmtory Membss. C. A Si atory Membar may withdraw from Uua JOA by providing 1?A days notice to ot6e Signatory Mambere. Notice ahall be provided to esch Signatory Mambar in writing end at all include the reason for withdrawal. D. This JOA s6a11 remain in fvA force unleas terminatod by muwal agcea neat. Terminadon or withdrawal sl all not affect aay Interlocal Agramneeta nagotiated under this JOA. i i I I ameca, ivss b- RES.D Page 116 of 155 i i 1 LN WITNESS VVHEREOF, the SKCRWA members heret have ceused t6is aBecment to be i vicecuted by thar proper O cas on the day of 199 By: /iK6 ti.J e.Lfi Gaa...) Title: i CityofAigo a Dau: %-2l-9 7 Attest. I By: Approved As To Fomr. I BY I s; C° ,a. • . T ste: o! City of j n: b i ncr,.wc: sy: -e(JA I!C,t,/I. Ap ved_ e a F rm:I B . b1.y', i i I i i I i I i onoera. s9s 7- i I i I RES.D Page 117 of 155 i t BY I T'tt(e: City of Biack ' nd Date: 1'L—f Z--A i I By, i I Approved As To Form: By: sy: i"ate: a oc City o - c nate: 5- "9 Attest: Byf . . /' I Approved As To Fotm: By:.• 2 v{ lR`V•._. 455'T C:17y ATf`r• By: Tttle: ` Covi toq w r isCict i Data: I 1(a/97 I I BY I Approved As To Form:i BY i oaoe a, isss s- I RES.D Page 118 of 155 ar ,/...- ..r ., 11._ {:gyH /r 6 T.B C SVClI U DiSt[ICt Dat« !9?_ naest: By: Approved As To Form: i By'I I I tle: AIYrKtc" / 0. Soos Creak W ead Sevi+er District D&ro: sl+ Auest: B, I Approved As To Form: By: I 8..- .--- rme: ,e c -80 Icitig Ccaidy wersc n;ria#1 t 1 Date: //—O i— Jls i Attest: By: Approv As To Form: By: i i RES.D Page 119 of 155 By, 1Yfle: Dafe: Attest: By. i I Approved As To Form: By. By. de: Dater I Attesc: I i sy: ApproVetl As To Fotm: By: BY T'rtle: Data: I Auest: j Approved As To Foror. By. i i Odo6vB, l9%10' i RES.D Page 120 of 155 I i Soath King Copnty IRegionalWaLerAssociation Jomt Operatiqg Agreement E dbit A Check List for 1nteMocal Agreem ta 1. Project TiUe 2. General List of Utilities to be pazties to the Interlocel Agr t(IA)ead approval of tlie appropriate caty caunc s and/or ws't district boards. Consi oncy w ith the Joint Operat'tng Ageament(70A). Description of nxd for the projad. Listing of potential wholesale cuatomecs for the water in accordance with Section 4.0 ofdu JOA. Recogrition of asses ent of costs assoaated wuh developmeat of IOA in aa:ordance with Section 4B of tbe 70A e Reco itioa of rig6t of fust re[us@I to e ccc capacity of Sigoatory Members of tha South King CourrtyRegionel Water Assoaation(SKCRWA)in aocnrdence whh Sxfioa 4.0 oftha JOA. Recognition that capacity and water rights are available to moet the neods of tha IA. 3. Descriptioa ofProject lncluda a drawi(or desciiprion)which ide fies all the fea6ties to be conaidered withiu the IA Inoludal wrtLin the descriptioa shnutd be all jointty i or solely owned facilidas that are to be operated or paid for by a party ro the IA. Dascriptioa of long tarm owaarship of the facility. Ideati6cation of the partY responsible for operadon and/or maintenance of the cility Identificetion of the Party re.aponv'ble for payment for the design end conattuction ofthe fa ality. i i 4: Project Coate,Financing,Capacity Rig6ts Description of all project costs and,the allocation W each party. Doflnitioa of capacity riglns for ad f'aclities. De6nitioa of cost sharing for lang-te m meintenance for each faca'lity. De6nitioa of inethod of raimbureame.nt for moneys w pa ded(ff raprire. i i I iRES.D Page 121 of 155 DesaipUOn of aoy applicable latecomer fnas or hook-up chazgos. i Description of requ'vemems for r ord keeping aad monitoriag of costs. 5. Project Design and Construction Managomert Definition of overell project menagement responsibilitiea. Definition of design aad construction management respooaibilities far individual facilities. o Description of basic periodic meeting achedule for review of project progress. 6. Conditions of Service Limitations to sowce aharing or delivery of water(if any). o Design criteria for the project faalities. Minimum and ma mum flow rates and pressiues. o Itans specifically excluded finm the project. j 7. Term of Duration of the Agreemerrt Discuaeion of the length of time the agreanent is in effect as well as the method to terminate t6e agreement aiid adcoeeding agancias'obligations. 8. Araendments Method by which the agreamam could be amanded. 9. Hold Harmless,Liability Language,etc• i i I i i RES.D Page 122 of 155 i r i Soufh King County Reglonal 1Nater Assodatlon Jotrrt Ope adng AgreemerR Exhibit B Compukation d Cha ges j I dtlal Computatlon bwaed on 8 shares. I i 18;652:;Coet to develop JOA(from CwingLOn end WD 111). 8 i 2,081 INtlaI"charge"(or a shere. co w m.mre.r m ot u 2. iCovinatonandAubum,three shere S 6,244 WD 111,lwo sharea= 4,163 Flnel Computatlan based on 12 ehares. 18,852 I Ultl,mate uee eharge Alpone and 81eek Dfemond,ane share= $ 1,388 WD 111,dw sheres= S 2.775 Aubum KenR ovin9ton WD.Lakehvon UD,r Soos Creek W88D,three ehares= $ 4,183 Reim6erosmm t for DevelopmeM and hdtlel uae(to Covington, WD 111,and Aubum) i E 18,852 Cost Mr developmenk i CoNngtan WD 111 Au6um i I S 8,3 S 8.328 S -dovalopma eost a 8244 a a.,s3 a saaa a u z s z.oet s a,,ss a ce) s z,oe, a a,,ea S - recovery charge W2(Aubum) 1 e,zaa a a,,a3 S s aa s a,s s s a,ns s a,ss 2,0 —S 1,388 2,081 remalnl reimb. a a s a a re,,a,a w o 8{ remainUip relmb. JOA F AIb9 B Feee 8/U61 RES.D Page 123 of 155 RESOLUTION NO3 3 8 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO PERFORM THE NECESSARY ADMINISTRATIVE MEASURES TO APPROVE AUBURNS WITHDRAWAL FROM THE EXISTING SOUTH KING COUNTY REGIONAL WATER ASSOCIATION JOINT OPERATING AGREEMENT DATED OCTOBER 8 1996 AND TO INDICATE AUBURNS ACCEPTANCE AND CONTINUANCE AS A SIGNATORY MEMBER OF THE REVISED SOUTH KING COUNTY REGIONAL WATER ASSOCIATION JOINT OPERATING AGREEMENT DATED DECEMBER 19 2000 WHEREAS Auburn is a member of the South King County Regional Water Association SKCRWA consisting of the cities of Algona Black Diamond Kent and Pacific and Lakehaven Utility District Soos Creek Water Sewer District and King County Water District 111 as authorized by Resolution No 2568 adopted June 5 1995 and modified by Resolution No 2781 adopted December 21996and WHEREAS the Board of Directors of the SKCRWA saw a need to make certain amendments to the Joint Operating Agreement dated October 8 1996 to provide clarification to the intent of the agreement and WHEREAS the Board of Directors of the SKCRWA have now prepared and recommended for approval by each participatory member an update of the Joint Operating Agreement to which Auburn is a signatory member Resolution No 3383 August 172001 Page 1 RES.D Page 124 of 155 NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH RESOLVES AS FOLLOWS Section 1 The Mayor and City Clerk of the City of Auburn are hereby authorized to perform the necessary administrative measures to approve Auburns withdrawal from the existing SKCRWA Joint Operating Agreement dated October 8 1996 and to indicate Auburns acceptance and continuance as a signatory member of the revised SKCRWA Joint Operating Agreement dated December 19 2000 A copy of said Agreement is attached hereto and denominated as Exhibit A and incorporated by reference in this Resolution Section 2 The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation Resolution No 3383 August 17 2001 Page 2 RES.D Page 125 of 155 ItDATEDandSIGNEDthis day of September 2001 QkL CHARLES A BOOTH MAYOR ATTEST lDaltelleEDaskam City Clerk APPROVED AS TO FORM Michael J Reynolds City Attorney Resolution No 3383 August 17 2001 Page 3 RES.D Page 126 of 155 o D t Co o o 0 t a c o 0J Return Address Auburn City Clerk City of Auburn 25 West Main St Auburn WA 98001 1F1C IIoF 11p171l1li KING RECORDERS COVER SHEET Document Titles or transactions contained therein Interlocal Agreement South King County Regional Water Association Joint OperatingAgreementI13Or FilED BY PNtrc Lv3jLJ 2 Reference Numbersof Documents assigned or released DAdditional reference s on page of document GrantorsBorrowers Last name first then first name and initials Auburn City of GranteeAssigneeBeneficiary Last name first South King County Regional Water Association Legal Description abbreviated Le lot block plat or section township range PER RCW 3934 D Additional legal is on page of document AssessorsProperty Tax ParcelAccount Number NA f o Assessor Tax not yet assigned 1 1 r as tItc JpC RES.D Page 127 of 155 o t c C c C 1 c c c c J SOUTH KING COUNTY REGIONAL WATER ASSOCIATION JOINT OPERATING AGREEMENT December 19 2000 WHEREAS an adequate and safe water supply for South King County Regional Water Association SKCRW A and its members is vital to both existing citizens and in implementing the longtenn comprehensive plans ofSKCRWA members and WHEREAS the State and SKCRWA prepared a Coordinated Water System Plan CWSP for South King County and WHEREAS projects that provide tor the coordinated and cooperative use and operation of supply transmission storage treatment and pumping facilities to minimize cost provide for improved water quality protect the environment provide for emergency needs and maximize the best use of the resource is in the best interest of the citizens of the region WHEREAS the current and neartenn water needs of the local governments and SKCRWA require steps to establish a cooperative subregional water supply system and WHEREAS the SKCRWA is committed to cooperate toward regional solutions for both emergency and long range water supply needs and WHEREAS the SKCRWA signatory members developed a Joint Operating Agreement in 1995 and revised the Joint Operating Agreement in 1996 and now want to further revise the Agreement NOW THEREFORE the SKCRWA signatory members of this Joint Operating Agreement JOA agree as follows I GENERAL A The Signatory Members acknowledge the requirement to incorporate land use planning as defined by the Growth Management Act with water supply planning and B The Signatory Members recognize the benefits of developing a subregional water supply system that will allow the optimum use of surface and groundwater to better manage and protect the areas water resources and C The Signatory Members will hold an Annual Meeting about September 30th to review the status of this JOA and any Amendments as well as other problems of mutual concern The specific date time and location of the meeting will be set by mutual agreement December 192000 RES.D Page 128 of 155 o D t c C o D C C o o J D Merger shall mean when two signatory members merge or when a signatory member and a nonsignatory member merge E Termination This agreement shall cease to be binding on or to any signatory member that is not in good standing or whenever a merger occurs 2 INTENT A The general intent is to create a method for the Signatory Members to cooperatively use certain existing facilities and construct new facilities needed to develop a subregional water system The Signatory Members may mutually agree by Interlocal Agreement to produce additional water and distribute it within the Subregional Service Area with or without change to their retail service area B The JOA provides a rramework for joint development of specific projects that may include two or more Participants Each facility project andor intertie shall be developed under a separate Interlocal Agreement IA consistent with this JOA subject to approval by appropriate affected city council andor water district boards The specific intent of this JOA is to make provisions for a standardized fonn to create or expand cooperative agreements to meet the public water supply needs for both emergency and longtenn use and to establish a basis for agreement between Participants for financing ownership construction and operation of mutually beneficial projects required to achieve cooperative objectives These projects may include common facilities with other Agencies outside the SKCRWA planning area Interlocal Agreements IA negotiated under the provisions of this JOA shall speak for themselves and should reference the version ofthe JOA which is in place at the time that the agreement is reached It is the intent of the Signatory Members that any Interlocal Agreements negotiated under the JOA would survive the withdrawal of a Signatory Member rrom the JOA or rrom the South King County Regional Water Association It is further the specific intent of this JOA to preserve Signatory Members existing water rights and protect the established or planned interest and needs of each Signatory Member with respect to sources of water Suggested content for an Interlocal Agreement is shown in Exhibit A C It is the desire of the Signatory Members that this JOA be incorporated into the South King County CWSP at the next update D The tenn Participant as used in this JOA shall mean all the signatories of an IA consistent with and implemented subsequent to this JOA December 192000 2 RES.D Page 129 of 155 0 c 0 0 0 I 0 C C 0 N 4 E The term Signatory Members as used in this JOA shall mean a member in good standing of the South King County Regional Water Association who has signed this JOA Good standing includes but is not limited to being current on all dues to the SKCRWA 3 SUBREGIONAL SERVICE AREA AND FACILITIES A Subregional Service Area shall mean the Signatory Members Designated Water Service Areas identified in the CWSP or as approved by amendments to the CWSP or as identified in a Signatory Members approved Comprehensive Water Plan B Subregional Facilities shall mean a that portion of the Participants sources interties transmission and storage systems required to supply water to the service areas of the Participants or new facilities as defined by a separate IA pursuant to this JOA b those designated capacities within a Participant system as specifically defined in an appropriate IA C Facility Ownership Ownership of the physical facilities that exist on the date of this JOA shall remain with the individual Signatory Members Unless otherwise agreed to within a specific IA ownership and operational responsibilities of new facilities shall be based generally on location in designated service areas with capacity rights defined by appropriate IA WATER SUPPLY CAPACITY RIGHTS A Capacity Rights Participants may purchase capacity by IA Any changes in these capacity rights shall be recognized by an IA approved by the appropriate affected city councils andor water district boards B Additional JOA Participants Other agencies may purchase capacity rights in subregional facilities subject to the provisions of paragraph 4C Other agencies who become Signatory Members of the SKCRWA and become Participants in future projects undertaken under this lOA and future IAs will be assessed past costs associated with development ofthis JOA as specified in Exhibit B December 19 2000 3 RES.D Page 130 of 155 o 0 t O o o 0 t t o C o o N C Wholesaling Water a A Signatory Member may wholesale water through lease or otherwise delivered through subregional facilities to areas outside of the Signatory Members Service Area so long as the other Signatory Members capacityrightsarenotnegativelyimpactedSignatoryMembersoftheSKCRWAagree that where feasible and mutually beneficial they will coordinate planning and development ofwater resources b Signatory Members further agree that prior to entering into any agreement to deliver long term water supply or construct joint facilities with a nonSignatory Member agency they will first make a good faith effort to offer such supplies andor capacities to Signatory Members provide the right of first refusal Such offers shall be made on a cost of service basis as established by separate IA Signatory Members shall have 60 days to respond c Signatory Members agree that when entering into any agreement to deliver long term water supply or construct joint facilities with a nonSignatoryMemberagencyinaccordancewiththisJOAtheywillincludeandcollectfor remittance to the SKCRWA a fee for reimbursement of the costs for development ofthe JOA as specified in Exhibit B d Regular meetings of the SKCRWA shall be the forum for making Signatory Members aware of discussions regarding water sales and joint projects however all offers of participation or requests for participation shall be in writing with copies to other Signatory Members D Conservation All Participants will develop and implement a conservation plan that is consistent with State guidelines Additional or supplemental conservation requirements beyond basic programs may be included in a specific Interlocal Agreement E Curtailment In general curtailment for delivery of firm water shall be on a uniform percentage basis for both wholesale and retail customers and curtailment for delivery of interruptible water shall be on a last in first out basis as determined by the date of formal agreement Specific curtailment requirementsandprovisionsshallbeincludedinInterlocalAgreementsimplementedunderthis JOA F uality An objective of the Signatory Members is to maintain the quality of the water in the subregional facilities at or above the quality required by the State drinking water standards The purchasing Participant will be responsible for ensuring water quality blending analyses and other water quality issues are resolved to their own satisfaction The Signatory Members may meet periodically to ensure that water quality and operational issues are addressed and that needed December 192000 4 r RES.D Page 131 of 155 0 0 I r 0 CJ 0 D 0 c 0 CJ December 192000 information is exchanged in a timely fashion The written results of these meetings will be circulated in a timely manner to all members and participants and reviewed at the annual meeting G Additional Facilities Projected needs will be identified by the Participants based on the Participantsdesignated service areas As five or more years may be needed to bring major new source capacity capabilities on line fiveyear and tenyear forecasts are required and must be updated whenever a Participant becomes aware of any significant change in their forecast demand These will be discussed jointly as they arise and reviewed at the annual meeting H Financing Each Project IA will include pertinent details of financing for that project Financial participation in existing and additional facilities will be based on each Participantsprojected need for each facility as designated capacity rights Cost of Service Charge The Signatory Members and Participants will establish wholesale water sales charges for both emergency and longterm supply that include Icapital cost 2 fixed operating cost and 3 a variable operating cost based on quantity of water delivered based on actual costs ofproviding the service Fixed and variable operating and maintenance costs payments will be made monthly per meter and use rates Projected annual rate adjustments and documentation shall be provided at the annual meeting Any rate increase will be effective beginning January I of the following year I The Rates and Charges for the capital operation and maintenance of the system shall be based on the following a Capital Cost Those construction related costs incurred for Capacity Rights Capital Costs for facilities contracted solely for a specific project described in an IA are allocated based on designated capacity to be purcbased Capital costs shall include the debt service for each Participant Such debt service shall be defined as the actual debt service on debt issued for the Participantsproportionate share of capacity rights or if no debt is issued for the Participantscosts by the financingParticipanttheamortizedvalueattheinterestrateofthemost recent revenue bond issued by the financing Participant over 20 years However should all capital costs be paid in full by any Participant purcbasing capacity rights prior to the time of the financing Participant incurring the costs no interest charges shall be assigned to the Participant purchasing capacity rights 5 RES.D Page 132 of 155 C D 1 o o C 0 r o c o 5 o Cj Capital Costs associated with a supplying Participants construction of their internal water system facilities may be included in the fixed and variable operating costs as appropriate using cost of service principles in the same manner as those costs are included in the supplying Participantscustomer rate base b Fixed Ooerating Cost The cost of labor supervision supplies utilities services taxes insurance and all other costs required to operate and maintain the system other than those items included under Variable Operating Cost The operating cost will include an allocation for renewal and replacement c Variable Ooerating Cost Those costs directly proportionate to the volume of water produced including chemicals electric power and other costs required to meet customer and system needs not included in a and b above 2 Accounting Subregional facilities accounting shall be documented in accordance with generally accepted accounting practices acceptable to the Participants ADMINISTRATIVE LEGAL AND OTHER PROVISIONS A Each Signatory Member shall designate in writing their representative responsible for coordination and implementation of the JOA and the subsequent IAs The designated individuals will be the primary contact for all project approvals and communication and shall prepare and publish a schedule and plan to facilitate the planning design and daybyday operation of facilities associated with the subsequent IAs B Signatory Members in good standing may propose Amendments to this JOA at any time Signatory Members in good standing shall vote on proposedAmendmentsattheAnnualMeetingAquorumofSignatoryMemberspresentshallapproveanyAmendmentstothisJOApriortotheirsubmittaltoSignatoryMemberscitycouncilsandorutilitydistrictboardsforapprovalASpecial Meeting of the Signatory Members may be called for the purpose of amending this JOA by two thirds of the Signatory Members in good standing C A Signatory Member may withdraw ftom this JOA by providing 120 days notice to other Signatory Members Notice shall be provided to each Signatory Member in writing and shall include the reason for withdrawal December 192000 6 RES.D Page 133 of 155 D Any Signatory Member that withdraws ITom the SKCRWA also withdraws ITom this JOA E This JOA shall remain in full force UIess terminated in writing by mutual agreement of all Signatory Members in good standing Termination of the JOA or withdrawal by any signatory member shall not affect any Interlocal Agreements negotiated under a JOA F A Signatory Member who merges with any Agency which is not a Signatory Member of this JOA must withdraw ITom the JOA The merged agency would then be allowed to reapply for Signatory Membership in the JOA as the merged Agency IN WITNESS WHEREOF the SKCRWA members hereto have caused this agreement to be cJxecuted by their proper Officers on the day of J`R 3fJICtZ Ij t Cl o o 0 o y C RPpr1d As To Form By Q So I ByTitle City of AI Date 101 aQ By Q otr Title Mayor City of Auburn Date September 4 2001 AttesttjJa Approved As To Form d By Ø December 19 2000 7 RES.D Page 134 of 155 Attest By Approved As To Form By o 0 tCjttest C tY D Approved As To Form ry li3I Co J I 5J C k h 4 roJ 0 Attest By Approved As To Form By December 192000 By Title City ofBlack Diamond Date By Title City Kent Date 7 0 By Title Lakehaven Utility District Date 8 RES.D Page 135 of 155 Attest By Approved As To Form By o D C o Attest C c By 1 Approved As To Form o By o o N Attest By Approved As To Form By December 192000 ˙2 rJfTitleanrfIII11 Soos Creek Wi and Sewer District Date nv 0 By Title King County Date 111 By Title City of Pacific Date 9 RES.D Page 136 of 155 o 0 c o o 0 1 a i o 0J South King County Regional Water Association Joint Operating Agreement EdIibitA Check List for IDterlocal Agreements 1 Project Title 2 General List of Utilities to be parties to the Interlocal Agreement lA and approval of the appropriate city councils andor water district boards Consistency with the Joint Operating Agreement JOA Description ofneed for the project Listing ofpotential wholesale customers for the water in accordance with Section 4Cof the JOA Recognition of assessment of costs associated with development ofJOA in aocordance with Section 4Bofthe JOA Recognition of right offirst refusal to excess capacity of Signatory Members ofthe South King County Regional Water Association SKCRWA in accordance with Section4C of the JOA Recognition that capacity and water rights are available to meet the needs ofthe IA 3 Description of Project Include a drawing or description which identifies all the facilities to be considered within the lA Included within the description should be all jointly or solely owned facilities that are to be operated or paid for by a party to the lA Description oflong term ownership of the facility Identification ofthe party responsible for operation andor maintenance of the facility Identification of the party responsible for payment for the design and construction of the facility 4 Project Costs Financing Capacity Rights Description of all project costs and the allocation to each party Definition ofcapacity rights for all facilities Definition ofcost sharing for longterm maintenance for each facility Definition ofmethod of reimbursement for moneys expended ifrequired Description of any applicable latecomer fees or hookup charges Description of requirements for record keeping and monitoring of costs 5 Project Design and Construction Management Definition ofoverall project management responsibilities Definition ofdesign and construction management responsibilities for individual facilities Description of basic periodic meeting schedule for review of project progress December 19 2000 1 JOA Exhibit A 2000 RES.D Page 137 of 155 C 0 C C o C c r C C C O 0 6 Conditions of Service Limitations to source sharing or delivery of water if any Design criteria for the project facilities Minimum and maximum flow rates and pressures Items specifically excluded liom the project 7 Term of Duration of the Agreement Discussion of the length of time the agreement is in effect as well as the method to terminate the agreement and succeeding agencies obligations 8 Amendments Method by which the agreement could be amended 9 Hold Hannless Liability Language etc December 19 2000 2 JOA Exhibit A 2000 RES.D Page 138 of 155 o D I o o o D I o N C o CJ South King County Regional Water Association Joint Operating Agreement exhibit B Computation of Charges Initial Computation based on 8 shares 16652 8 2081 Initial charge for a share Cost to develop JOA from Covington and WD 111 Cost to the three participants of 1A2 Covington and Auburn three sharE 6244 WD 111 two shares 4163 Final Computation based on 12 shares 16652 12 1388 Ultimate use charge Algona and Black Diamond one share 1388 WD 111 two shares 2775 Auburn Kent Covington WD Lakehven UD Or Soos Creek WSD three shares 4163 Relmbersement for Development and initial use to Covington WD 111and Auburn 16652 Cost for development Covington WD 111 Aubum 8326 8326 6244 4163 6244 2081 4163 6244 2081 4163 6244 4163 6244 4163 2775 4163 2081 1388 2081 463 463 463 1619 925 1619 lOA EchibiI B Fees 2000 development cost use charge 1A2 recovery charge IA2 Auburn ultimate use charge remaining reimb recovery charge IA3 Algona remaining reimb Decen—er 192000 RES.D Page 139 of 155 Approved January 212003 REVISED DYLAWS of REGIONAL WATER ASSOCIATION OF SOUTH KING COUNTY L MEMBERSHIP A Reeular Memben Governmental Bodies providing water service in South King County are entitled to regular membership in this Corporation upon approval by the Board of Directors and payment of any then required fees andor dues The term member as used in these Bylaws shall mean regular member unless otherwise designated D Affiliate Memben Any governmental body Association of Water Purveyors water purveyor individual or business may become an Affiliate Member upon approval by the Board of Directors and payment of any then required fees andor dues Affiliate Members have no proprietary or other interest in the Corporation are not entitled to vote are not entitled to attend meetings as a matter of right and have no right to participate in any distributions in dissolution or otherwise by the Corporation Affiliate Members may with the approval of the Board of Directors attend any regular meeting Ænd participate in all discussions at any regular meeting C Assienment Neither regular nor affiliate membership in this Corporation is assignable by the member ll DIRECTORS A Number The Articles of Incorporation provide for not less than three nor more than twenty five Directors At the present there shall be as many Directors as there shall be regular members plus the Alternate Directors provided for herein below The number of Directors and Alternate Directors may be changed by the membership at any regular meeting or at a special meeting called for that purpose D Oualifications Directors and Alternate Directors must be elected officials or the designee of members of the Corporation Each regular member shall be entitled to select one Director and two Alternate Directors provided herein below C Selection and Term Directors and Alternate Directors shall normally be selected by the Regular Member prior to the Annual Meeting and serve for a term of one year or until such time BYLAWS 1 RES.D Page 140 of 155 Approved Januy 212003 thereafter as their successors shall be selected by the Regular Member Notice of selection shall be in a written form satisfactory to the Board ofDirectors D Alternate Directors In the absence of a Director at a meeting of the Board of Directors or in the event that a Director is unavailable or unable to act on any matter between meetings an Alternate Director representing the same member may attend the meeting and vote andor act outside a meeting Members may designate the order in which their Alternate Directors may act In the absence of such designations it shall be as agreed by that members Alternate Directors E Vacancies The Regular Member in accordance with the Selection requirements of these Bylaws shall fill any vacancies occurring among its Directors and Alternate Directors F Board of Directors The Director ITom each Regular Member or in the absence of the Director the Alternate Director shall constitute the Board ofDirectors of the Corporation No one need look beyond the fact that a vote or act was performed by either a Director or an Alternate Director All such votes and actions shall be binding on the Corporation and may be relied upon as the act of the Board of Directors and the Corporation by all persons dealing with the Corporation G ComDensation Directors shall not receive any compensation for acting as such but may be reimbursed for expenses incurred in the business of the Corporation provided the expenses were approved in advance by the Board ofDirectors or Executive Committee ill AFFILIATE DELEGATES A Affiliate Delegates Each Affiliate Member shall be entitled to an Affiliate Delegate and an Alternate Affiliate Delegate A Qualifications Affiliate Delegates and Alternate Affiliate Delegates may be elected officials of or a designee ofthe Affiliate Member C Selection and Term Affiliate Delegates and Alternate Affiliate Delegates shall be selected by the Affiliate Member and serve until such time thereafter as their successors shall be selected by the Affiliate Member Notice of selection shall be in a written form satisfactory to the Board of Directors D Vacancies The Affiliate Member in accordance with the selection requirements of these Bylaws shall fill any vacancies occurring among its Affiliate Delegates and Alternate Affiliate Delegates BYLAWS 2 RES.D Page 141 of 155 Approved January 212003 F Compensation Affiliate Delegates and Alternate Affiliate Delegates shall not receive any compensation from the Corporation IV OFFICERS AND COMMITTEES A Number The Officers of the Corporation shall be a President Vice President Secretary and a Treasurer In addition to the foregoing the Board ofDirectors may elect such assistant or other Officers as the Board from time to time deems appropriate B Term Officers shall be elected by the Board of Directors at the Annual Meeting ofthe Board of Directors and shall serve for a term of one year commencing on their election or until such time as their successors are elected C Vacancies The Board ofDirectors may fill a vacancy in any office for the unexpired portion ofthe term D Oualifications No person may serve as an Officer of the Corporation unless heshe is also a Director or Alternate Director E President The President shall be the managing Executive Officer of the Corporation and shall be subject to the ultimate authority of the Board of Directors andor any Executive or other committees appointed by it have general charge of the business ofthe Corporation The President shall together with the Secretary execute all documents and instruments which are required in the ordinary course of the Corporationsbusiness or which are required by law to be executed by the Corporation F VicePresident In the absence of the President or hislher inability or refusal to act the Vice President shall perform the duties of the President and when so acting shall have all the powers of and be subject to all ofthe restrictions upon the President G Secretary The Secretary shall in person or through any Assistant Secretary or authorized employee a Keep the minutes ofall meetings b give all notices which must be given under these Bylaws or by statute c be custodian ofthe corporate records and seal and d in general perform all ofthe duties incident to the office of Secretary and such other duties as from time to time may be assigned to himher by the President or by the Board ofDirectors H Treasurer The Treasurer shall in person or through any Assistant Treasurer or authorized employee a Have charge and custody of all funds and securities of the Corporation b deposit all corporate moneys in the name of the Corporation in such Banks as shall be selected by the Board Of Directors and c in general perform all ofthe duties incident to the office of Treasurer BYLAWS 3 RES.D Page 142 of 155 Approved January 21 2003 and such other duties as fjom time to time may be assigned to himlher by the President or by the Board ofDirectors I Assistant Secreta and Assistant Treasurer Any Assistant Secretary or Assistant Treasurer when elected may act in the absence death inability or refusal to act of the Secretary or Treasurer respectively In addition any Assistant Secretary or Treasurer shall perform such duties as shall be assigned to himher fjom time to time by the Board of Directors or the Secretary or Treasurer J Executive Committee The President VicePresident Secretary and Treasurer shall constitute the Executive Committee of the Corporation and shall be allowed to act on behalf of the Board of Directors whenever action is required and it is not practicable for the Board of Directors to call a meeting and act Any action of the Executive Committee shall require the votes of three of the Executive Committee members Actions taken by the Executive Committee shall be brought to the next Regular Meeting ofthe Board ofDirectors for ratification K Audit Committee The President shall annually appoint an Audit Committee The Audit Committee shall review the financial condition and financial transactions of the Corporation at the end of each calendar year The Audit Committee shall include the Treasurer as chair and at least two additional Delegates or Alternate Delegates fjom different Members The Audit Committee shall report its findings to a Regular Meeting of the Board ofDirectors K Evaluation Committee The President shall annually appoint an Evaluation Committee The Evaluation Committee shall complete a performance review and evaluation of any employees of the Corporation Employee reviews and evaluations shall normally be completed by December 1 and shall generally cover the previous 12 months The President shall serve as chair of the Evaluation Committee and the committee shall include at least two additional Delegates or Alternate Delegates fjom different Members The Evaluation Committee shall report its findings to a Regular Meeting of the Board ofDirectors L Other Committees The President with the approval of the Board of Directors may establish other committees as may be appropriate to conduct the business of the Corporation The President shall appoint the members of and the chair for any committee established under this paragraph Committees shall consist of at least three Delegates or Alternate Delegates fjom different Members Affiliate Members may serve on committees established under this paragraph with full participation in discussion and other committee work however Affiliate Members shall have no vote in the committee Committees established under this paragraph shall terminate in 12 months fjom the time of formation unless reestablished by the Board of Directors Committees formed under this paragraph shall report to the Board of Directors at a Regular Meeting of the Board ofDirectors BYLAWS 4 RES.D Page 143 of 155 Approved January 21 2003 v MEETINGS A Reeular Meetines The Board of Directors shall generally meet monthly at a regularly scheduled time and place as necessary to conduct the business of the Corporation The Board of Directors may change the time and place of Regular Meetings or cancel a Regular Meeting as necessary to meet the needs of the Directors and the Corporation The Directors shall be notified in writing of the time and place of regular meetings Upon each Director being so notified no further notice of regular meetings need be given unless the time and place thereof is changed B Annual Meetine The Annual Meeting of the Board of Directors shall be the January Regular Meeting ofthe Board of Directors c Joint Ooeratine AereementAnnual Meetine The Regular Members who are signatory members of the Joint Operating Agreement shall normally hold a Joint Operating Agreement Annual Meeting in September The Board of Directors shall set the time and place for the Joint Operating Agreement Annual Meeting and the President shall preside All business of the Joint Operating Agreement Annual Meeting shall be conducted with the same procedures and manner as other meetings of the Corporation except as required by the terms of the Joint Operating Agreement The Directors of signatory members of the Board of Directors shall be notified in writing of the time and place of the Joint Operating Agreement Upon each Director being so notified no further notice of regular meetings need be given unless the time and place thereof is changed D Soecial MeetinesSpecial meetings of the Board of Directors may be called at any time by or at the request of the President or any three Directors The President or Directors calling the special meeting shall give notice of the purpose thereof to the Corporation The Secretary shall then fix the date place and time of the meeting and give notice thereof and of its purpose to all of the Directors at least five days in advance of the meeting E Quorum A majority of the Regular Members of the Corporation present in person or by proxy shall constitute a quorum for the transaction of business at any meeting of the Board of Directors The vote of a majority of the Regular Members present in person or by proxy shall be necessary for the adoption of any matters unless a greater percentage is required by state law F Infonnal Action Any action which must or might be taken at a meeting of the Board of Directors or any committee thereof may be taken without a meeting if a consent in writing setting forth the action so taken shall be signed by all of the Directors or committee members as the case may be BYLAWS 5 RES.D Page 144 of 155 Approved January 212003 VI VOTING A General Each Regular Member shall be entitled to one vote on each matter submitted to a vote at a meeting ofthe Corporation B Proxies Regular Members may vote in person or by proxy A proxy to be valid must be in writing signed by the member and submitted to the Corporation prior to voting No proxy shall be valid after thirteen months ftom the date of its execution unless otherwise provided in the proxy C Mail Voting At the discretion of the Board of Directors voting may be conducted by mail In such case a written ballot shall be sent to each Regular Member at least twenty days in advance of the date for canvass of the votes The written ballot shall contain and describe the issues or persons to be voted upon and shall provide space for the Regular Member to vote for or against the issue or for the candidates ofhis or her choice Vll CORPORATION FUNDS A Deoosits All funds of the Corporation other than a reasonable amount for petty cash shall be deposited in the name of the Corporation in such banks or other depositories as the Board of Directors shall select B Checks All disbursements by the Corporation other than small amounts ftom petty cash shall be by check drawn direct to the ultimate payees and signed by at least two Directors of the Corporation vm EMPLOYEES A Emolovees The Board of Directors may employ or appoint such organizations and persons as it deems appropriate and shall establish or approve salaries andor other charges for such services Employees shall not be elected or appointed officials or employees of any regular member entity and shall serve at the will of the Board of Directors The Regional Water Association of South King County is an at will employer B Annual Review Annually the Board of Directors with the assistance of the Evaluation Committee shall review the perfonnance and compensation of any employees ofthe Corporation BYLAWS 6 RES.D Page 145 of 155 Approved January 21 2003 MEMBERAGREEMENTS A Member Agreements From time to time the Board ofDirectors may offer member agreements to members for consideration and or participation Approval or participation in any agreement so offered shall not be a condition of membership in the Corporation B Joint Operating Agreement The South King County Regional Water Association Joint Operating Agreement is a Member Agreement as defined in these Bylaws As such participation in the Joint Operating Agreement is not a condition ofmembership in the Corporation x AMENDMENTS The Board of Directors may adopt new Bylaws or may alter amend or repeal these Bylaws at a Regular Meeting or at a Spcial Meeting provided such meeting is held with proper notice as required by these Bylaws or through the mail voting procedures ofthe Corporation XII DUES AND CHARGES Membership fees dues andor other charges the time for payment thereof and procedures in the event of delinquency shall be as established ITom time to time by the Board ofDirectors xn CONTRACTS LOANS AND CHECKS A Contracts The Board of Directors may authorize any Officer or Officers agent or agents to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Corporation and such authority may be general or confined to specific instances A Loans No loans shall be contracted on behalf of the Corporation and no evidences of indebtedness shall be issued in its name unless authorized by a resolution of the Board of Directors or the Executive Committee if such authority is delegated it by the Board of Directors Such authority when granted may be general or confined to specific instances C Loans to Directors and Officers The Corporation shall make no loans to its Directors or Officers Any director who votes for or assents to the making of a loan to a Director or Officer of the Corporation and any Officer or Officers participating in the making of such loan shall be jointly and severally liable to the Corporation for the amount of such loan until repayment thereof BYLAWS 7 RES.D Page 146 of 155 Approved January 212003 172002 Xill SEAL The Board of Directors shall provide for a corporate seal which shall have inscribed thereon the name of the Corporation and the words State of Washington and Corporate Seal Until changed by the Board ofDirectors the Corporations seal shall be that affixed to this page ADOPTED this ZI day of 23SJ DIRECTOR L DIRECTOR DIRECTORo DIRECTOR DIRECTOR BYLAWS 8 RES.D Page 147 of 155 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4977 Date: July 22, 2013 Department: Administration Attachments: Resolution No. 4977 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4977. Background Summary: The preparation of an annual action plan is required by the U.S. Department of Housing and Urban Development (HUD) in order for the City to receive federal funds under the Community Development Block Grant (CDBG) program. The City operates under a Consolidated Plan that is currently in effect for 2010-2014. The Action Plan outlines proposed expenditures to implement the goals of the City's Consolidated Plan. It identifies federal and local funds expected to be available, indicates the activities on which they will be spent, and sets goals for the number and type of services expected to be provided. The City of Auburn anticipates an additional $80,000 approximately in CDBG funds will be available for 2013 projects that are consistent with federal regulations and the objectives and policies of the Auburn Consolidated Housing and Community Development Plan. The funding will be used primarily to complete housing repair projects for low-income homeowners in Auburn and to conduct a Fair Housing analysis. The process of a substantial amendment process is required by the U.S. Department of Housing and Urban Development (HUD) in order for the City to receive federal funds under the Community Development Block Grant program. A public notice and a brief description about the amendment to the 2013 Annual Action Plan were published in The Seattle Times and posted on the City’s website. Though not required by HUD, Council will conduct a public hearing on the amendment in addition to the fifteen-day public comment period. On July 22, 2013, the Planning and Community Development Committee reviewed the preliminary draft of the amendment and recommended it be forwarded to Council for approval. The Finance committee is also scheduled to review and discuss the draft on August 5, 2013. AUBURN * MORE THAN YOU IMAGINEDRES.E Page 148 of 155 Reviewed by Council Committees: Finance, Planning And Community Development Councilmember:Backus Staff:Hursh Meeting Date:August 5, 2013 Item Number:RES.E AUBURN * MORE THAN YOU IMAGINEDRES.E Page 149 of 155 RESOLUTION NO. 4 9 7 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING AMENDMENT TO THE 2013 ANNUAL ACTION PLAN UPDATE OF THE CONSOLIDATED PLAN WHEREAS, the City ofAubum 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 primary objective of the Consolidated Pian and CDBG Program is the development of viable urban communities by providing decent housing and a suitable living environment and expanding economic opportunities, principally forpersons of low- and moderate-income; and WHEREAS, to allocate additional funds received a substantial amendment must be made to the Plan, the City of Auburn must amend the 2013 Annual Action Plan for its Consolidated Plan that serves as a federally required planning document to guide the City of Aubum's human service and community development efforts; and WHEREAS, the planning process to develop the Consolidated Plan involved citizen participation and guidance from non-profit and governmental agencies serving low income residents in the community; and WHEREAS, the City Council of the City of Aubum heard and considered public comment about its proposed use of Community Development Block Grant funds and amendment to the 2013 Annual Action Plan; and Resolution No. 4977 July 19, 2013 Page 1 of 2 RES.E Page 150 of 155 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DOES HEREBY RESOLVE: Section 1. The City hereby amends the 2013 Annual Action Plan and adopts the amendment to its 2013 Annual Action Plan Update to the Consolidated Plan, making approximately $80,000 of additional CDBG funds available for projects that are consisterrt with federal regulations and objectives and policies of the Aubum Consolidated Housing and Community Development Plan, primarily to complete housing repair projects for low-income homeowners in Auburn and to conduct a Fair Housing analysis. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out directions of the legislation. Section 3. This Resolution shall be in full force and effect upon passage and signatures hereon. DATED and SIGNED this day of August, 2013. Peter B. Lewis Mayor ATTEST: Danielle Daskam, City Clerk APP ED TO FO D el B. ei , City Attomey Resolution No. 4977 July 19, 2U13 Page 2 of 2 RES.E Page 151 of 155 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4978 Date: July 31, 2013 Department: Public Works Attachments: Resolution 4978 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4978. Background Summary: The purpose of this Resolution is for the City Council to set a time and date for a public hearing to modify the 2014-2019 Transportation Improvement Program, to add one new project and revise one existing projects for which the City is pursuing grant funding. Reviewed by Council Committees: Finance, Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:August 5, 2013 Item Number:RES.F AUBURN * MORE THAN YOU IMAGINEDRES.F Page 152 of 155 RESOLUTION NO. 4 9 7 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, SETTING A PUBLIC HEARING DATE IN RELATION TO AMENDING THE 2014-2019 TRANSPORTATION IMPROVEMENT PROGRAM OF THE CITY OF AUBURN PURSUANT TO R.C.W. CHAPTER 35 77 WHEREAS, the City is required to include projects on the 2014-2019 Transportation Improvement Program (TIP) in order to be eligible to apply for grant funds from the Washington State Transportation Improvement Board; and WHEREAS, RCW 35 77 010 requires that the legislative body of each City is required to prepare and adopt a Comprehensive Transportation Improvement Program (TIP) for the ensuing six years. The program may at any time be revised by a majority of the legislative body of a City, but only after conducting a public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows. Section 1. PURPOSE. The purpose of this Resolution is for the City Council to set a time and date for a public hearing to amend the 2014-2019 Transportation Improvement Program, to add one new project and modify one existing project for which the City is pursuing grant funding. Resolution No. 4978 July 30, 2013 Page 1 of 3 RES.F Page 153 of 155 Section 2. NOTICE OF HEARING. The Council hereby directs that a notice specifying the time and place of the public hearing shall be published one time in a newspaper of general circulation and the notice shall also be posted in three public places. Such public notice shall precede the public hearing by at least 10 days. Section 3. DATE OF HEARING. Pursuant to the requirements of State law, a public hearing on said 2014-2019 Transportation Improvement Program will be held on the 19th of August, 2013, at 7.30 p.m., or as soon thereafter as reasonably possible, in the Council Chambers of the Auburn City Hall at 25 West Main Street in Auburn, Washington, before the City Council. All persons interested in said 2014-2019 Transportation Improvement Program may attend and testify at said hearing. Section 4. AUTHORITY. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 5. EFFECTIVE DATE. This resolution shall be in full force and effect upon passage and signatures hereon. DATED and SIGNED this day of August, 2013 Resolution No. 4978 July 30, 2013 Page 2 of 3 RES.F Page 154 of 155 CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST Danielle E. Daskam City Clerk APPROVED AS TO FORM: aHeid City Attorney Resolution No. 4978 July 30, 2013 Page 3 of 3 RES.F Page 155 of 155