HomeMy WebLinkAbout08-05-2013 CITY COUNCIL AGENDA PACKET
City Council Meeting
August 5, 2013 - 7:30 PM
Auburn City Hall
AGENDA
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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.
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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
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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.
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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
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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
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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
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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.
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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.
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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
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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.
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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.
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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
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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
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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
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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.
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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)
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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
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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
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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
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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.
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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.
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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
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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
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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.
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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.
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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
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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
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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,
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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
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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
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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
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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,
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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
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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
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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.
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7.9rderina,Invaicine.and Pavment
Anbum/SBS Contract No.
Pego I.of 3 j
Dr81t date 7.2.13 i
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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
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1 R880LDTION BO. 2 8' 6 B I
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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
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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
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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
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2
eeation 1. The Mayor and City Clerk of the City are j
3 hereby suthorized to exacute' south Rixq County Reqional Water I
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Asaociation Joint Oparating Aqraemant. A copy of said
5
Agreement is attache8 hereto, denomit ated as 8xhibit "A", and
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made a part hereof as thouqh set Porth in Pull hereln.
7
eeotion 2. The Mayor is hereby authorized to implement
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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
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16 ATTEST:
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18 _ i i
Ro n wolilhue er,
19 City Clerk I
2U
21 AppgOVED AS TO FORM:
I23
86 S. Reynol e,
City Attorney
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R Alan No.Z568
May 16,1996
2
RES.D Page 97 of 155
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SOUTH KII TG COUNTY.REGIONAL WATER ASSOCIATiON
JOIlVT OPERA'PIIKG AGREEMEN7'
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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;
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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
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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.
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Exhibit "A" Resolution No. 2568
Jmusry 13.1993 1' 3"d0°
RES.D Page 98 of 155
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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
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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.
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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.
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Jeouuy 13,1995 JI- 3960 m,doo
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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.
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nv wizNess w BOF, cne sxcxwn roemt eroro n+o s«t ims mc so
a no o s sno aay i,
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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:
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Approved As To Form i
By.
lBy:
TiHe:
Covingtoa Water District
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Approved As To Form:
By:
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RES.D Page 103 of 155
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By:
Approved As To Form:
By:AA.I C ( tP-
ayr,"t'. u''/ /t?•T•y I
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rnt:
xrog c;,w c«n;c#i i
nzi - -
By: _ -...
Approv As To Form:
By:
sy;
TiUe:
Date:
Attast:
By:
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Approvod As To Form:
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Date:
Attest:
By:
Approved As To Foim:
By:
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ruo:
e:
Attest:
By:
Approved As To Form:
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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
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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.
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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.
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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
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temtinate the agreement and succeeding egarcies'obligatians.
8. Amendmerus
Methods by which the agreem t wutd be emended.
9. Hold harnileas,liability language, etc.
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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
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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.
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19
DATED and SICiNED this 2nd day of December, 1996. j
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CSTY OF AIISIIRN
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CHARLEB A. BOOTH
Mayor
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Resolutioa.NO. Z781
Novembar 5, 1996
Page 2 i
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Z ATTE3T:
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4
5
f u.
Robin Wo lhueter,
S City Clerk
7
8
APPROV&D AS TO FORM:
9
10
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12 Michael J. Reynolds,
City Attorney
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Reeolutioa xo. 2781
Nave7N e! 5 1996
Page 3
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SOUTA KING COIINTY REGIONAL WATER AS50CIATlON
JOINT OPERATIlVGAGREEMENT
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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
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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
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Agroemem(70A).agree as follows:
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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.
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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
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E. The tarm"Signatory Membars°as used in this JOA shall mem all tha membm s of
the SKCRWA who have aigned tlna JOA
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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
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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
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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.
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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
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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"
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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.
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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.
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By:
Approved As To Fomr.
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s; C° ,a. • .
T ste: o!
City of j
n: b i
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sy: -e(JA I!C,t,/I.
Ap ved_ e a F rm:I
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BY I
T'tt(e:
City of Biack ' nd
Date: 1'L—f Z--A
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By, i
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Approved As To Form:
By:
sy:
i"ate: a oc
City o - c
nate: 5- "9
Attest:
Byf . . /'
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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
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Approved As To Form:i
BY i
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ar ,/...- ..r .,
11._ {:gyH /r 6
T.B C SVClI U DiSt[ICt
Dat« !9?_
naest:
By:
Approved As To Form:
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tle: AIYrKtc" / 0.
Soos Creak W ead Sevi+er District
D&ro: sl+
Auest:
B,
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Approved As To Form:
By:
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rme: ,e c -80
Icitig Ccaidy wersc n;ria#1 t 1
Date: //—O i— Jls i
Attest:
By:
Approv As To Form:
By:
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By,
1Yfle:
Dafe:
Attest:
By.
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Approved As To Form:
By.
By.
de:
Dater
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Attesc: I
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ApproVetl As To Fotm:
By:
BY
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Data: I
Auest:
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Approved As To Foror.
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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
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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.
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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
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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
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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)
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E 18,852 Cost Mr developmenk
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CoNngtan WD 111 Au6um i
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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
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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
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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
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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
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o Assessor Tax not yet assigned
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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
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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
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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
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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
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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
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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
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RPpr1d As To Form
By Q So
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City of AI
Date 101
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By Q otr
Title Mayor
City of Auburn
Date September 4 2001
AttesttjJa
Approved As To Form d
By Ø
December 19 2000 7
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Attest
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Approved As To Form
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December 192000
By
Title
City ofBlack Diamond
Date
By
Title
City Kent
Date 7 0
By
Title
Lakehaven Utility District
Date
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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