HomeMy WebLinkAbout01-13-2014 PLANNING & COMMUNITY DEVELOPMENT COMMITTEE AGENDA
Planning and Community Development
January 13, 2014 - 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 - December 9, 2013* (Tate)
III.ACTION
A. Project No. CP0746 Mill Creek Wetland 5K Restoration (Andersen)
Request authorization to enter into a consultant agreement AG-C-449 in the
amount of $91,250.00 with Maul Foster & Alongi, Inc. for environmental and real
estate services for Project No. CP0746 Mill Creek Wetland 5K Restoration.
Services to include assistance with project real estate and easement acquisition,
Army Corps of Engineers’ real estate certification requirements, project design
technical review, and identification and acquisition of supplemental project funding.
B. Resolution No. 5031 - Comprehensive Downtown Parking Management Plan
(CDPMP)* (Chamberlain/Yao)
The Planning and Community Development Committee recommend approval of
Resolution No. 5031 to the full City Council, the CDPMP.
IV.DISCUSSION ITEMS
A. Kent School District Impact Fees* (Coleman)
B. Resolution No. 5013* (Mund)
A Resolution of the City Council of the City of Auburn, Washington, Setting a
Public Hearing to Consider a Franchise Agreement with T-Mobile West LLC.
C. Resolution No. 5018* (Mund)
A Resolution of the City Council of the Auburn, Washington, Authorizing the
Renewal of Public Way Agreement 08-03 and Amending the Terms to the
Agreement.
D. Resolution No. 5029 - Purchase and Sale Agreement* (Chamberlain)
Review the purchase and sale agreement for property acquisition related to the
Fenster Levy Setback project.
E. Resolution No. 5030 - Pierce County Countywide Planning Policies*
(Chamberlain)
Page 1 of 189
Review the interlocal agreement with Pierce County for amended Countywide
Planning Policies related to Centers of Local Importance.
F. Director's Report (Tate)
G. PCDC Matrix* (Tate)
V.ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for
review at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
Page 2 of 189
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes - December 9, 2013
Date:
January 8, 2014
Department:
Planning and Development
Attachments:
PCDC December 9, 2014 Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Planning and Community Development Committee to approve the Planning and
Community Development Committee December 9, 2013 minutes.
Background Summary:
Reviewed by Council Committees:
Councilmember:Holman Staff:Tate
Meeting Date:January 13, 2014 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 3 of 189
Planning and Community
Development
December 9, 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 John Holman, and Member Largo
Wales were present. Also present were Director of Administration
Michael Hursh; City Attorney Dan Heid; Parks, Arts and Recreation
Director Daryl Faber; Interim Planning and Development Director Jeff
Tate; Planning Services Manager Elizabeth Chamberlain; Principal
Planner Jeff Dixon; Theater Operations Coordinator Jim Kleinbeck;
Arts and Events Manager Julie Brewer; Environmental Services
Manager Chris Andersen; and Planning Secretary Tina Kriss.
Members of the public present: Arts Commission Board member
Greg Watson and Councilmember-Elect Yolanda Trout.
B. Announcements
1. Presentation
a. Arts Commission Annual Update
Arts and Events Manager Julie Brewer introduced Arts
Commission Board member Greg Watson and explained the Arts
Commission is a 12 member advisory board that works closely
with staff to support and advance arts in Auburn. The goal of the
Auburn Arts Commission is to integrate the arts into all aspects of
Auburn community life.
Staff reported that the 2012-2013 Bravo series generated
$123,908.00 in show revenue from the September 2012 to July,
2013 season, serving a total audience of 11,117. Theatre
Operations Coordinator Jim Kleinbeck reviewed the Performing
Arts venues and rental options at the Auburn Avenue Theatre.
Arts and Events Manager Julie Brewer presented a PowerPoint
presentation to review several of the City’s arts programs and
projects, site specific events at the Auburn International Farmer’s
Page 1 of 4
CA.A Page 4 of 189
Market and the Mary Olson Farm Hops and Crops event, the
public art program, and the outdoor sculpture gallery
program. The Committee discussed the Auburn Storefront
program and the City’s temporary art installations. Auburn’s public
art program is supported through a 1% for art ordinance on new
construction. The City has set aside another $30,000.00 in the
Capital Improvement Budget for Art. The City continues to add
new murals and work with the clean sweep project to clean old
murals. Several arts education projects have been expanded
through various hands-on activities at City festivals and events,
including the ArtRageous program.
The Auburn Art Walk program will increase to two times per year,
April and September. The City received a King County 4Culture
Local Arts Agency Sustained Support grant for $17,000.00; the
funds are distributed throughout seven community art-related
projects. In 2012 the estimated audience for City of Auburn Arts
and Events was approximately 129,584.
The Committee explained that during the monthly meeting of the
Sound Cities Association, cities bring forward short presentations
of to showcase cool programs or ideas, the Committee suggested
bringing forward one of our many successful arts programs.
C. Agenda Modifications
There are two (2) agenda modifications, and transmits two (2) action
items. The first, Action Item III. C. Ordinance No. 6492 and
the second, Phase 2 City Hall Remodel.
II. CONSENT AGENDA
A. Minutes - November 25, 2013 (Tate)
Vice-Chair Holman moved and Member Wales seconded to approve
the November 25, 2013 minutes as written.
Motion carried unanimously. 3-0
III. ACTION
A. Resolution No. 5010 (Faber)
Parks, Arts and Recreation Director Daryl Faber presented the staff
report on Resolution No. 5010, authorization for the Mayor to execute
a second addendum with the White River Valley Historical Society to
extend the term of the society's lease of the built environment at Mary
Olson Farm through June 30, 2033. The Committee and staff
discussed the details of the extension and grant the Hostorical Society
is applying for. The Committee was supportove of this resolution.
Page 2 of 4
CA.A Page 5 of 189
Vice-Chair Holman moved and Member Wales seconded to
recommend City Council adopt Resolution No. 5010.
Motion carried unanimously. 3-0
B. Ordinance No. 6488 - School Impact Fees Code Amendments
(Dixon)
Principal Planner Dixon provided background information on
Ordinance No. 6488, School Impact Fees Code Amendment. The
Committee has previously reviewed the school impact fees code
amendment and is supportive of Ordinance No. 6488.
Vice-Chair Holman moved and Member Wales seconded to
recommend City Council adopt Ordinance No. 6488.
Motion carried unanimously. 3-0
C. Ordinance No. 6492
Director of Administration Michael Hursh briefed the Committee on
Ordinance No. 6492, amending Section 2.03.040, and creating new
Chapters 2.08 and 2.23 of the Auburn City Code related to the
organization of City administrative government.
The Committee and staff discussed the proposed organization chart
and Vice-Chair Holman and Member Wales stated they would like to
review a copy of the proposed organizational chart. Staff provided an
explanation of the organizational chart and stated Ordinance No. 6492
would be going forward to the Finance Committee for discussion at
which time the organizational chart can be provided.
After a review of the ordinance the Committee recommended updating
the ordinance with gender-neutral language and capitalizing the
beginning letters of Human Resource/Risk Management Director on
page one.
Vice-Chair Holman moved to recommend City Council adopt
Ordinance No. 6492, the motion was not seconded. Staff stated they
will forward Ordinance No. 6492 to the Finance Committee for action
Monday, December 16, 2013 to stay on schedule; the committee
concurred, and staff will provide the organizational chart for the
Committee members to review.
D. Phase 2 City Hall Remodel
Interim Planning and Development Director Jeff Tate explained that
the Phase 2 City Hall Remodel project is identified as a budget item in
the 2013/2014 biennium budget. Pursuant to ACC 3.10.028, the
Page 3 of 4
CA.A Page 6 of 189
Planning and Development Department request authorization to
initiate a call for bids on the project. City Council action is required
prior to execution of any subsequent construction contracts. After
disussion, the Committee expressed their support of the Phase 2
remodel project.
Vice-Chair Holman moved and member Wales seconded to
recommend permission to advertise and initiate a call for bids for the
Phase 2 City Hall Remodel.
Motion unanimously carried. 3-0
IV. DISCUSSION ITEMS
A. Director's Report (Tate)
In an effort to increase Public Works presence at the Permit Center
counter, the seating configuration of staff has been updated. A
customer service island has been installed in the Permit Center lobby
and a self-service, touch-screen kiosks will be added to assist
customers. The foyer monitors on the 2nd floor of the
Annex Building will be updated so customers can view the City
Outlook Calendar meeting rooms and times.
B. PCDC Matrix (Tate)
The Committee discussed the pedestrian kiosks and asked staff to
provide an update on the cost of additional kiosks. The Committee
requested that the Les Gove Community Campus topic be added to
the matrix under Parks, Arts & Recreation.
V. ADJOURNMENT
There being no further business to come before the Planning and
Community Development Committee, the meeting was adjourned at 6:02
p.m.
DATED THIS _______ day of ___________________, 2014.
__________________________________
John Holman - Chair
___________________________________
Tina Kriss - Planning Secretary
Page 4 of 4
CA.A Page 7 of 189
AGENDA BILL APPROVAL FORM
Agenda Subject:
Project No. CP0746 Mill Creek Wetland 5K Restoration
Date:
January 8, 2014
Department:
Planning and Development
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
Planning and Community Development Committee recommend that City Council grant
authorization for the City to enter into a consultant agreement, AG-C-449, with Maul
Foster & Alongi, Inc. for environmental and real estate services for Project No. CP0746,
Mill Creek Wetland 5K Restoration.
Background Summary:
Materials to be provided at the meeting.
Reviewed by Council Committees:
Councilmember:Holman Staff:Andersen
Meeting Date:January 13, 2014 Item Number:ACT.A
AUBURN * MORE THAN YOU IMAGINEDACT.A Page 8 of 189
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5031 - Comprehensive Downtown Parking
Management Plan (CDPMP)
Date:
January 8, 2014
Department:
Planning and Development
Attachments:
Resolution No. 5031
CDPMP
CDPMP Appendice
Budget Impact:
$0
Administrative Recommendation:
Planning and Community Development Committee recommend that City Council adopt
Resolution No. 5031.
Background Summary:
Resolution No. 5031 proposes to adopt the Comprehensive Downtown Parking
Management Plan (CDPMP), which will guide parking policy development and
implementation within downtown Auburn within the following framework:
l To manage existing parking assets, assess current parking demand, forecast
future parking needs, and develop a first-rate downtown parking system as an
additional amenity that keeps up with existing businesses, projects underway, and
future development; and
l To balance business, residential, visitor, and commuter parking needs in light of
redevelopment and increased transit services.
Work on the CDPMP commenced in August 2011, following adoption of the Draft Work
Plan by the Planning and Community Development Committee in July 2011.
The draft Downtown Urban Center (DUC) On-Street and Off-Street Parking Supply and
Demand Analysis (Task 1) was presented to the Committee in October 2011 and
revised December 2011. Staff subsequently revised the analysis in December 2011,
inclusive of feedback received from the Committee and updated data for several City-
owned off-street parking lots in downtown Auburn.
The draft Downtown Parking Survey Report (Task 2) was presented to the Committee in
AUBURN * MORE THAN YOU IMAGINEDACT.B Page 9 of 189
July 2012. The report summarizes responses from Auburn Citizens at-large, downtown
Auburn business and property owners, and a diverse cross-section of stakeholders to
the Downtown Parking Survey conducted in May 2012, which gauged perception of
existing parking and the preferred methods of moving forward in meeting future parking
needs in downtown Auburn.
The draft CDPMP table of contents was presented to the Committee in October 2012;
the draft CDPMP (Tasks 3 and 4), which incorporated and refined the findings of the
existing DUC On-Street and Off-Street Parking Supply and Demand Analysis and
Downtown Parking Survey, was presented to the Committee in August 2013.The
Committee did not express any feedback that necessitated revision of the draft CDPMP
presented. The Auburn Transit Center parking portion of the CDPMP was further
discussed with the Committee in November 2013 and refined per the feedback received.
Adoption of the CDPMP (Task 5) culminates the Draft Work Plan. If recommended for
approval by the Committee on January 13, 2014, Resolution No. 5031 will be submitted
for potential City Council action on February 3, 2014. The second committee review will
be the Public Works Committee.
Reviewed by Council Committees:
Public Works Other: Planning, Legal
Councilmember:Holman Staff:Chamberlain/Yao
Meeting Date:January 13, 2014 Item Number:ACT.B
AUBURN * MORE THAN YOU IMAGINEDACT.B Page 10 of 189
----------------------------------
Resolution No. 5031
February 3, 2014
Page 1 of 5
RESOLUTION NO. 5031
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, ADOPTING THE
COMPREHENSIVE DOWNTOWN PARKING
MANAGEMENT PLAN (CDPMP) FOR PARKING
POLICY DEVELOPMENT AND IMPLEMENTATION
IN DOWNTOWN AUBURN
WHEREAS, the City of Auburn on May 21, 2001 adopted the Auburn Downtown
Plan as a subarea plan of the City of Auburn’s Comprehensive Plan; and
WHEREAS, the Auburn Downtown Plan enumerates a vision of continuous
revitalization of downtown Auburn as the physical and cultural heart of the Auburn
community and development of a mixed-use district; and
WHEREAS, parking is an essential component in facilitating the Auburn
Downtown Plan’s vision; and
WHEREAS, the City of Auburn identified an increasing need to balance
competing parking user demands, anticipated redevelopment of the Auburn Junction
blocks and other redevelopment activity in downtown Auburn, and anticipated
expansion of Sounder commuter train services; and
WHEREAS, the previous comprehensive parking plan entitled the Downtown
Parking Plan was adopted by the City of Auburn in 1996 by Resolution 2826; and
WHEREAS, the Planning and Community Development Committee of City
Council adopted the Draft Work Plan for the Comprehensive Downtown Parking
Management Plan (‘CDPMP’) on July 11, 2011 to develop and adopt a new
comprehensive parking plan to supersede the 1996 Downtown Parking Plan; and
ACT.B Page 11 of 189
----------------------------------
Resolution No. 5031
February 3, 2014
Page 2 of 5
WHEREAS, City of Auburn staff commenced work on the CDPMP in August
2011; and
WHEREAS, the draft Downtown Urban Center (DUC) On-Street and Off-Street
Parking Supply and Demand Analysis was presented to and discussed by the Planning
and Community Development Committee of City Council on October 24, 2011; and
WHEREAS, the draft Downtown Urban Center (DUC) On-Street and Off-Street
Parking Supply and Demand Analysis was revised in December 2011; and
WHEREAS, public participation in the development of the CDPMP was solicited
from Auburn citizens at-large, downtown Auburn business and property owners, and a
diverse cross-section of stakeholders through the Downtown Parking Survey conducted
in May 2012; and
WHEREAS, the Downtown Parking Survey Report was presented to and
discussed by the Planning and Community Development Committee of City Council on
July 9, 2012; and
WHEREAS, the scope of the CDPMP was presented to and discussed by the
Planning and Community Development Committee of City Council on October 8, 2012;
and
WHEREAS, the draft CDPMP was presented to and discussed by the Planning
and Community Development Committee of City Council on August 26, 2013 and
further discussed by Planning and Community Development Committee of City Council
on November 25, 2013; and
ACT.B Page 12 of 189
----------------------------------
Resolution No. 5031
February 3, 2014
Page 3 of 5
WHEREAS, the Planning and Community Development Committee of City
Council recommended approval of the draft CDPMP to the full Auburn City Council on
January 13, 2014; and
WHEREAS, the Public Works Committee of City Council concurred with the
recommendation of Planning and Community Development Committee on January 21,
2014; and
WHEREAS, upon the recommendation of staff, City Council determines that
adoption of the CDPMP will facilitate the Auburn Downtown Plan’s vision and is
therefore in the best interest of the City;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN, AS FOLLOWS:
Section 1. Adoption. The Comprehensive Downtown Parking Management
Plan (‘CDPMP’), comprised of the following documents: (1) “Comprehensive Downtown
Parking Management Plan (CDPMP)” dated January 7, 2014 and (2) “Comprehensive
Downtown Parking Management Plan (CDPMP) – Appendices” dated January 7, 2014,
all of which are marked as “Exhibit A” with the original resolution and on file with the
Auburn City Clerk, is hereby adopted and approved by reference as if fully set forth
herein as a guidance document for parking policy development and implementation in
downtown Auburn. It is herewith directed that all of the documents listed which comprise
the CDPMP be available at the City Clerk’s Office for public inspection.
Section 2. The Downtown Parking Plan, adopted by the City of Auburn by
Resolution 2826 is hereby supplanted by the CDPMP. In the event of any conflict, the
CDPMP shall control.
ACT.B Page 13 of 189
----------------------------------
Resolution No. 5031
February 3, 2014
Page 4 of 5
Section 3. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 4. Severability. The provisions of this resolution are
declared to be separate and severable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of the
application thereof to any person or circumstance shall not affect the validity of
the remainder of this ordinance, or the validity of its application to other persons
or circumstances.
ACT.B Page 14 of 189
----------------------------------
Resolution No. 5031
February 3, 2014
Page 5 of 5
Section 5. Effective date. This resolution, adopting the
Comprehensive Downtown Parking Management Plan (‘CDPMP’), shall take
effect and be in force five days from and after its passage, approval and
publication as provided by law.
INTRODUCED: __________________
PASSED: _______________________
APPROVED: ____________________
CITY OF AUBURN
______________________________
NANCY BACKUS
MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
Published: _________________
ACT.B Page 15 of 189
Comprehensive Downtown Parking Management Plan (CDPMP)
January 2014
ACT.B Page 16 of 189
ACT.B Page 17 of 189
Mayor Nancy Backus
City Councilmembers
Rich Wagner, Deputy Mayor
Claude DaCorsi
John Holman
Wayne Osborne
Bill Peloza
Yolanda Trout
Largo Wales
Prepared by:
Planning and Community Development Department
Jeff Tate, Interim Planning Director
Elizabeth Chamberlain, Planning Services Manager
Gary Yao, Planner
ACT.B Page 18 of 189
ACT.B Page 19 of 189
Executive Summary
1. Introduction
1.1 - Purpose and Approach1.2 - Plan Components1.3 - Plan Area and Applicability1.4 - 7 Simple Rules of Planning for Parking
2. The Parking System
2.1 - Existing Parking Infrastructure, Resources, and Usage2.2 - Future Parking Infrastructure, Resources, and Usage2.3 - Parking Organization, Management, Planning, and Investment2.4 - Parking Operations, Maintenance, and Marketing and Communications
3. Parking Case Studies
3.1 - Parking Organization, Management, Planning, and Investment3.2 - Parking Operations, Maintenance, and Marketing and Communications
4. The Parking Best Practices Toolbox
4.1 - How to Use the Toolbox
Figure 4.1.1 - The Toolbox
5. The Parking Action Plan
5.1 - Near-Term Recommendations5.2 - Short-Term Recommendations (1-5 Years)5.3 - Long-Term Recommendations (6-10 Years)
Appendix AAppendix B
1
3
3457
8
8143235
38
3843
51
51
52
54
545661
ACT.B Page 20 of 189
ACT.B Page 21 of 189
Executive Summary
The Comprehensive Downtown Parking Management Plan (CDPMP), which primarily addresses parking policy
within the Downtown Urban Center (DUC) zoning district, begins with an overview of the plan’s purpose
and approach:
• To manage existing parking assets, assess current parking demand, forecast future parking needs, and
develop a first-rate downtown parking system as an additional amenity that keeps up with existing
businesses, projects underway, and future development; and
• To balance business, residential, visitor, and commuter parking needs in light of redevelopment and
increased transit service.
The CDPMP is also guided by the 7 Simple Rules of Planning for parking:
• Pinpoint the Parking• Strike a Balance• Crown the Customer King• Provide “Free” Parking• Reduce the “Last Mile”• Clarify the Code• Change It Up
The plan then moves into an overview of the City’s parking system, including existing and future parking
infrastructure and resources available and existing and future usage:
• Of the approximately 4,879 parking spaces available inventoried as of December 2011, parking areas that
experience particularly vexing problems of high occupancy are limited to Wayland Arms (King County
Housing Authority) block and Multicare Auburn Medical Center blocks for on-street parking and (on
weekdays) the Auburn Transit Center garage and surface parking lot blocks for off-street parking.
• In the short term (5 years) there is an anticipated increase in parking demand of approximately 1,483
spaces and increase in parking supply of approximately 806 spaces. At peak hour, considering existing
public on- and off-street parking spaces available in the entire DUC, a 243-space deficit is anticipated.
• In the long term (10 years) there is an anticipated cumulative increase in parking demand of
approximately 1,873 spaces and cumulative increase in parking supply of approximately 806 spaces. At
peak hour, considering existing public on- and off-street parking spaces available in the entire DUC, a
633-space deficit is anticipated.
Other components of the City’s parking system are the existing organizational and management structure,
planning efforts, investment strategies, operations, and maintenance. Opportunities for improvement
highlighted include:
• Increase in coordination between City departments and divisions with regards to the parking system’s
various components (on-street, off-street, citations, marketing, etc.);• Increase in regularity of planning for parking;• Increase in planning for parking impacts on special event days;• Continued coordination with police and potentially increase parking enforcement; and• Refinement of marketing and communications for the parking system.
1ACT.B Page 22 of 189
Case studies follow the review of these parking system components.
Parking best practices, including those from the aforementioned case studies, are then summarized and
collected into the Best Practices Toolbox (table), based on feedback from the parking surveys received
from Downtown businesses and citizens and staff’s research and experience related to parking. Not all best
practices are applicable to Downtown Auburn at this time. As such, the recommended actions for each best
practice are identified as follows: continuation, modification, implementation, or no action. See Chapter 4 of
the CDPMP for the entirety of the best practices toolbox.
The CDPMP closes with a detailed action plan of existing best practices that the City can draw from for
modification or implementation. The action plan includes proposed near-term recommendations (up to 1
year), short-term recommendations (1-5 years), and long-term recommendations (6-10 years), as follows:
Near-Term (up to 1 year)
• Revise timed parking limits to 3 hours throughout the DUC• Clarify existing code and implement a parking inventory database• Update the City’s website to make more useful for parking seekers• Design and install updated signs for on-street parking identifying availability and rules
Short-Term (1-5 Years)
• Expand and modify the residential parking zone beyond D ST NW per demand• Plan for spillover areas on the fringe of downtown• Designate one department or division that is the single point of contact for all parking-related matters,
despite whatever organizational structure exists behind-the-scenes• Regularly readjust current parking practices at least every 5th year• Regularly reevaluate peak parking supply and demand every year• Evaluate funding options and implement a multi-faceted plan to finance additional public parking for
anticipated parking deficits• Establish a parking ambassador program• Require organizers to better plan for special events• Develop and implement a 3-strikes parking enforcement policy• Design and install easy-to-read off-street parking signs• Create alerts for parking availability-impacting maintenance and construction activity• Design and install trailblazer signs to direct drivers to available off-street public parking
Long-Term (6-10 Years)
• Increase transit access, citywide/regionally• Revise timed parking limits, as needed• Continue to plan for spillover areas on the fringe of downtown• Increase transit access, around downtown
2 ACT.B Page 23 of 189
1. Introduction
1.1 – Purpose and Approach
The Comprehensive Downtown Parking Management Plan (CDPMP) serves the same vision enumerated for
downtown in the City’s Auburn Downtown Plan and Comprehensive Plan: to support the continuous revitalization
of downtown Auburn as the physical and cultural heart of the Auburn community and development of a
mixed-use district. To facilitate that vision, the CDPMP is a concerted effort to manage existing parking
assets, assess current parking demand, forecast future parking needs, and develop a first-rate downtown
parking system as an additional amenity that keeps up with existing businesses, projects underway, and
future development.
Initiative for developing the CDPMP emerged in a downtown Auburn at the crossroads of:
• Balancing business, residential, visitor, and commuter parking needs in downtown;
• Evolving parking demands in downtown, including a new sushi restaurant and gym on E Main ST
and additional anticipated redevelopment in the Auburn Junction blocks south of City Hall, the fruits
of various downtown public art programs and multi-million dollar investments in streetscape and
infrastructure improvements; and
• Expansion of Sounder commuter train services.
The first step towards the CDPMP were taken with the approval of the Draft Work Plan by the Planning
and Community Development Committee in July 2011. It has since progressed as follows:
• October 2011 – Downtown Urban Center On- and Off-Street Parking Supply and Demand Analysis was completed.
The analysis inventoried all of the parking spaces available within downtown, whether public or
privately owned, and their occupancies throughout the day.
• December 2011 – Downtown Urban Center On- and Off-Street Parking Supply and Demand Analysis was revised to
reflect changes to the user-type for City-owned and/or –operated surface parking lots.
• July 2012 – Citizens Survey/Business and Property Owners Survey/Stakeholder Interviews gauged people’s
perceptions of parking in downtown, the anecdotal statistics of the parking experience.
• August 2013 – Comprehensive Downtown Parking Management Plan (CDPMP) draft is completed. The CDPMP
combines the previously gathered numerical and anecdotal statistics of parking in downtown with
professional staff insight and experiences of other jurisdictions.
• January 2014 – CDPMP is presented to the Planning and Community Development Committee for
finalization and adoption of an administrative framework for staff to implement a first-rate parking
system in downtown.
• Future date – Public open houses will be conducted for further refinement of the CDPMP in future
iterations.
3ACT.B Page 24 of 189
1.2 – Plan Components
The CDPMP is organized into four components: the Parking System (Chapter 2), Parking Case Studies
(Chapter 3), Parking Best Practices Toolbox (Chapter 4), and Parking Action Plan (Chapter 4).
Chapter 2 examines the existing parking system, with a focus on City-owned and City-run parking in terms
of physical parking resources, administration and planning, operations, and marketing. The chapter is
divided into the following sections:
Existing and Future Infrastructure, Resources, and Usage
• How many and where are parking spaces located?• Where are the most vexing parking issues?• What are occupancy trends in downtown overall?• How will parking demand change over time?• How many parking spaces are expected to be added?
Organization, Management, Planning, and Investment
• Who in the City is responsible for what?• How has the City planned for parking in the past?• How does the City plan for parking in the future?• How and when does the City invest in additional parking spaces?
Maintenance and Operations
• How does the City’s parking operate on a daily basis?• How are parking regulations enforced?• How are permit fees and violation fines paid?• How are the City’s parking resources maintained?
Marketing and Communications
• How does the City get word out about parking options for businesses, residents, visitors, and commuters?• How does the City show where parking is located?
Chapter 3 presents case studies of how the above-referenced parking system components are operated in
other jurisdictions and institutions. Some policies and practices presented are intended to be best practices
(whose applicability to the City is analyzed in Chapter 4) while others serve as cautions.
Chapter 4, following review of the City’s existing parking system and case studies, presents the various best
practices employed in the provision of parking, parking demand management, and operations of a parking
system. Not all policies and practices listed in the toolbox are intended to be applicable for the City in this
iteration of the CDPMP; instead, it is a collection of tools that should be considered whenever the City is
looking to fine-tune its parking system.
Chapter 5, the final part of the CDPMP, assembles a recommended action plan of near-term (up to 1 year
implementation), short-term (1-5 year implementation), and long-term (6-10 year implementation) changes to
the City’s parking system.
4 ACT.B Page 25 of 189
Aub urn
WestAuburnSr HS
AuburnTransitCtr
Junc tion
CityHall
City HallAnnex
MulticareAuburnMed Ctr
PostOffice
AuburnSr HS
JusticeCtr
Au
b
u
r
n
W
a
y
S
A
S
t
S
E
Auburn Ave N
In
t
e
r
u
r
b
a
n
T
r
a
i
l
H
S
t
N
W
G
S
t
N
W
F
S
t
N
W
D
S
t
N
W
C
S
t
N
W
A
S
t
N
W
N
D
i
v
i
s
i
o
n
S
t
A
S
t
N
E
Au
b
u
r
n
W
a
y
N
D
S
t
N
E
G
S
t
S
W
F
S
t
S
W
E
S
t
S
W
D
S
t
S
W
C
S
t
S
W
A
S
t
S
W
S
D
i
v
i
s
i
o
n
S
t
B
S
t
N
E
D
S
t
S
E
W Main St E Main St
2nd St NW
3rd St NW
1st St NW
3rd St NE
4th St NE
2nd St NE
1st St NE
1st St SW
3rd St SW
2nd St SE
4th St SE
Legend
Downtown UrbanCenter (DUC)
SR-18
1.3 – Plan Area and Applicability
The CDPMP, in terms of geographic implementation, primarily addresses parking policy within the
Downtown Urban Center (DUC) zoning district, which includes the Auburn Junction blocks where
development activity of significant scale is expected (Figure 1.3.1).
5
Figure 1.3.1 - Map of Downtown Urban Center (DUC) and Auburn Junction
The physical effects of parking policies applicable to the DUC, however, may not be necessarily quarantined
within the politically defined boundaries of the DUC. In response to that potential, staff have identified
ACT.B Page 26 of 189
Potential Parking Spillover Areas (PPSAs) (Appendix A) where impacts of DUC parking policies may
warrant extension of DUC parking policies into those areas (or at the very least, consideration of toolbox
best practices in Chapter 4) to diffuse the impacts. PPSAs were identified based on the following criteria:
• Areas within ¼-mile from the DUC and Downtown Business Improvement Area (BIA), whose
boundaries include areas not otherwise included within the DUC; and
• Where availability of on-street public parking is potentially impacted by spillover parking demand
generated from the DUC and BIA and/or large businesses, institutions, public gathering places, and
other high parking demand uses within the PPSAs themselves.
Operationally speaking, the CDPMP’s recommended action plan in Chapter 5 primarily focuses on City-
owned and City-run parking resources. Many best practices identified in the toolbox in Chapter 4, especially
those applicable to parking in private development, have already been adopted as part of the development
regulations applicable to the DUC contained in Auburn City Code (ACC) Chapter 18.29 or in the Downtown
Urban Center Design Standards.
6 ACT.B Page 27 of 189
1.4 – 7 Simple Rules of Planning for Parking
The 7 Simple Rules of Planning for Parking serve as guiding principles for development of Auburn-specific
parking policy in this iteration of the CDPMP. They derive from the parking supply and demand realities
observed in downtown Auburn, the feedback about downtown parking received1, and staff analysis of parking
approaches taken in other jurisdictions.
1. PINPOINT THE PARKING
Direct people effectively and efficiently to available parking. There is not a parking supply problem
everywhere, all the time.
2. STRIKE A BALANCE
Address the needs of overlapping and/or competing parking interests. In downtown Auburn, these needs are
broadly identified as those of residents, businesses, visitors, and commuters.
3. CROWN THE CUSTOMER KING
Prioritize visitor parking. Make visitor parking as easy as possible in prime locations.
4. PROVIDE “FREE” PARKING
Avoid paid parking, whenever possible. While parking is never truly without costs, visitors, residents,
businesses, and commuters should shoulder part of those costs only as a last resort.
5. REDUCE THE “LAST MILE”
Shorten the distance, perception-wise, between parking space and destination. The vibrantly urban, compact,
and walkable mixed-use character that downtown Auburn continues to grow into is inherently incompatible
with the provision of plentiful home-, office-, store-, and restaurant- front parking.
6. CLARIFY THE CODE
Write code that streamlines the process of parking system organization, management, planning,
maintenance, and operations.
7. CHANGE IT UP
Reassess each component of the CDPMP to meet current needs, as parking system conditions change and
new parking best practices emerge. The CDPMP is not intended to be static; it merely establishes the
framework for fine-tuning the parking system at any given time.
7
1 Besides specific problematic parking areas, responses from the Downtown Parking Survey conducted in July 2012 also
identified the following parking concerns: the distance between parking space and destination, non-residents parking on
residential streets, confusing and/or lack of parking signage, and the poor design of parking spaces.
ACT.B Page 28 of 189
2. The Parking System
2.1 – Existing Parking Infrastructure, Resources, and Usage
EXISTING INFRASTRUCTURE AND RESOURCES
According to the Downtown Urban Center On- and Off-Street Parking Supply and Demand Analysis, which cross-
referenced code-specified parking and available Public Works data with physical observations for on-
street parking and cross-referenced the City’s and Google Maps’ aerial imagery and previous studies and
reports with physical counts for off-street stalls, there were a total of 4,8792 parking spaces in the DUC as
of December 2011. The different types of parking available, along with the general locations of each type
(Figures 2.1.1 and 2.1.2), are as follows:
• On-street public parking (unlimited time, time-limited, permit only, and loading zones)
Locations: almost all blocks in the DUC
• Off-street public parking (time-limited)
Locations: within one to two blocks from E/W Main ST,between the Auburn Justice Center and the
Burlington Northern-Santa Fe (BNSF) railroad tracks
• Off-street permit parking3 (unlimited time)
Locations: within one to two blocks from E/W Main ST,between the Auburn Justice Center and the
BNSF railroad tracks
• Off-street private parking
Locations: almost all blocks in the DUC
All on-street and off-street public and permit parking spaces in the DUC are located within an
approximately 1/4-mile walking distance4 from Auburn Transit Center, Auburn Junction, and Multicare
Auburn Medical Center blocks, where demand is currently and anticipated to be the highest (see
‘EXISTING USAGE’ under Chapter 2.1 and ‘FUTURE USAGE’ under Chapter 2.2). This includes parking
spaces located across C ST NW/SW and the BNSF railroad tracks to the west for Auburn Transit Center and
Auburn Junction blocks and parking spaces located across Auburn Ave N/A ST SE and Auburn Way N/S to
the east for Auburn Junction and Multicare Auburn Medical Center blocks (Figure 2.1.3). That being said,
there is opportunity for improvement in east-west connections to parking spaces.
8
2 Excluding on- and off-street public and private parking spaces inaccessible due to S Division ST Promenade construction,
other off-street private parking spaces in lots inaccessible for data collection, and single-family off-street private garage and
driveway parking; this underestimates the number of parking spaces as of January 2014. See ‘Chapter 3 – Methodology’ in the
Downtown Urban Center On- and Off-Street Parking Supply and Demand Analysis for how parking supply in the DUC was specifically
measured.
3 Including City employee and non-police fleet parking.
4 The widely adopted walking distance that a transit user will tolerate between point of origin and transit station.
ACT.B Page 29 of 189
Aub urn
WestAuburnSr HS
AuburnTransitCtr
Junc tion
CityHall
City HallAnnex
MulticareAuburnMed Ctr
PostOffice
AuburnSr HS
JusticeCtr
Au
b
u
r
n
W
a
y
S
A
S
t
S
E
Auburn Ave N
In
t
e
r
u
r
b
a
n
T
r
a
i
l
H
S
t
N
W
G
S
t
N
W
F
S
t
N
W
D
S
t
N
W
C
S
t
N
W
A
S
t
N
W
N
D
i
v
i
s
i
o
n
S
t
A
S
t
N
E
Au
b
u
r
n
W
a
y
N
D
S
t
N
E
G
S
t
S
W
F
S
t
S
W
E
S
t
S
W
D
S
t
S
W
C
S
t
S
W
A
S
t
S
W
S
D
i
v
i
s
i
o
n
S
t
B
S
t
N
E
D
S
t
S
E
W Main St E Main St
2nd St NW
3rd St NW
1st St NW
3rd St NE
4th St NE
2nd St NE
1st St NE
1st St SW
3rd St SW
2nd St SE
4th St SE
Legend
Downtown UrbanCenter (DUC)
On-Street PermitParking
On-Street PublicParking
SR-18
9
Figure 2.1.1 - Location of On-Street Parking
Approximately 1/5 of parking spaces in the DUC are City-owned and/or City-run; the remainder are
provided by the private sector. Neither the City nor the private sector currently provide hourly or daily paid
parking. Paid parking in the City is limited to monthly permit parking provided by the City and parking
provided as part of commercial and residential unit sales and leases in the private sector.
EXISTING USAGE
According to the occupancies observed in the Downtown Urban Center On- and Off-Street Parking Supply and Demand
ACT.B Page 30 of 189
WestAuburnSr HS
AuburnTransitCtr
CityHall
City HallAnnex
MulticareAuburnMed Ctr
PostOffice
AuburnSr HS
JusticeCtr
Au
b
u
r
n
W
a
y
S
A
S
t
S
E
Auburn Ave N
In
t
e
r
u
r
b
a
n
T
r
a
i
l
H
S
t
N
W
G
S
t
N
W
F
S
t
N
W
D
S
t
N
W
C
S
t
N
W
A
S
t
N
W
N
D
i
v
i
s
i
o
n
S
t
A
S
t
N
E
Au
b
u
r
n
W
a
y
N
D
S
t
N
E
G
S
t
S
W
F
S
t
S
W
E
S
t
S
W
D
S
t
S
W
C
S
t
S
W
A
S
t
S
W
S
D
i
v
i
s
i
o
n
S
t
B
S
t
N
E
D
S
t
S
E
W Main St E Main St
2nd St NW
3rd St NW
1st St NW
3rd St NE
4th St NE
2nd St NE
1st St NE
1st St SW
3rd St SW
2nd St SE
4th St SE
Legend
Private Off-Street Parking
Permit Off-Street Parking
Public Off-StreetParking
No Off-StreetParking
SR-18
AuburnJunction
10
Analysis, the DUC as a whole skews toward higher parking occupancy during the first half of the day and
specifically experiences peak parking occupancy during lunchtime (11am-2pm)5 on weekdays. While not an
exact daily occupancy for all days in the DUC, it was observed for the Analysis that during this time 2,666
Figure 2.1.2 - Location of Off-Street Parking
5 Morning (9-11am), lunchtime (11am-2pm), afternoon (2-5pm), and evening (5-7pm) time segments per the Downtown Urban
Center On-and Off-Street Parking Supply and Demand Analysis.
ACT.B Page 31 of 189
Aub urn
WestAuburnSr HS
AuburnTransitCtr
Junc tion
CityHall
City HallAnnex
MulticareAuburnMed Ctr
PostOffice
AuburnSr HS
JusticeCtr
Au
b
u
r
n
W
a
y
S
A
S
t
S
E
Auburn Ave N
In
t
e
r
u
r
b
a
n
T
r
a
i
l
H
S
t
N
W
G
S
t
N
W
F
S
t
N
W
D
S
t
N
W
C
S
t
N
W
A
S
t
N
W
N
D
i
v
i
s
i
o
n
S
t
A
S
t
N
E
Au
b
u
r
n
W
a
y
N
D
S
t
N
E
G
S
t
S
W
F
S
t
S
W
E
S
t
S
W
D
S
t
S
W
C
S
t
S
W
A
S
t
S
W
S
D
i
v
i
s
i
o
n
S
t
B
S
t
N
E
D
S
t
S
E
W Main St E Main St
2nd St NW
3rd St NW
1st St NW
3rd St NE
4th St NE
2nd St NE
1st St NE
1st St SW
3rd St SW
2nd St SE
4th St SE
Legend
Downtown UrbanCenter (DUC)
.25mi Radius ofMulticare AuburnMedical Ctr Blocks
.25mi Radius ofAuburn TransitCtr Blocks
.25mi Radius ofAuburn Junction
SR-18
11
parking spaces are occupied (56%) and 2,213 parking spaces are available (44%). On the weekend, the DUC
experiences peak parking occupancy during daytime Saturday6, with 1,721 (35%) parking spaces occupied and
3,158 (65%) spaces available.
6 Due to limited resources, data collected on weekends for the Downtown Urban Center On- and Off-Street Parking Supply and Demand
Analysis was limited to daytime and nighttime only, rather than specific time segments. For the same reason, off-street parking
occupancies are extrapolated, as off-street parking observed does not include all off-street parking spaces in the DUC.
Figure 2.1.3 - Parking Within Walking Distance (1/4 Mile)
ACT.B Page 32 of 189
Block-by-block, peak parking occupancy also occurs during lunchtime on weekdays, with the average block
43% occupied. Few blocks, even when considering on- and off-street parking separately, ever exceed 85%
occupied, the widely adopted threshold for optimal parking occupancy espoused by Donald Shoup, parking
professor, researcher, economist, and author of The High Cost of Free Parking. For those blocks that do, very few
exceed 85% occupancy for more than one time segment per day.
There are 2 types of blocks with on- or off-street parking that exceed 85% occupancy throughout the day
(Figure 2.1.4). The less problematic are blocks with available parking spaces nearby when exceeding 85%
occupancy (blocks of moderate concern). For example, >85% occupancy in on-street parking on one block is
potentially negated with <85% occupancy in off-street parking on the same block and/or <85% occupancy
in on- or off-street parking within a 2-block radius. Blocks that fall into this category include the Auburn
Avenue Theater, Truitt Building, and Agrishop blocks for on-street parking and the Truitt Building and (on
the weekend) Multicare Auburn Medical Center blocks for off-street parking. The more vexing blocks are
those without available parking spaces nearby when exceeding 85% occupancy (blocks of heavy concern).
These include the Wayland Arms (King County Housing Authority) block and Multicare Auburn Medical
Center blocks for on-street parking and (on weekdays) the Auburn Transit Center garage and surface parking
lot blocks.
12 ACT.B Page 33 of 189
Aub urn
WestAuburnSr HS
AuburnTransitCtr
Junc tion
CityHall
City HallAnnex
MulticareAuburnMed Ctr
PostOffice
AuburnSr HS
JusticeCtr
Au
b
u
r
n
W
a
y
S
A
S
t
S
E
Auburn Ave N
In
t
e
r
u
r
b
a
n
T
r
a
i
l
H
S
t
N
W
G
S
t
N
W
F
S
t
N
W
D
S
t
N
W
C
S
t
N
W
A
S
t
N
W
N
D
i
v
i
s
i
o
n
S
t
A
S
t
N
E
Au
b
u
r
n
W
a
y
N
D
S
t
N
E
G
S
t
S
W
F
S
t
S
W
E
S
t
S
W
D
S
t
S
W
C
S
t
S
W
A
S
t
S
W
S
D
i
v
i
s
i
o
n
S
t
B
S
t
N
E
D
S
t
S
E
W Main St E Main St
2nd St NW
3rd St NW
1st St NW
3rd St NE
4th St NE
2nd St NE
1st St NE
1st St SW
3rd St SW
2nd St SE
4th St SE
Legend
Downtown UrbanCenter (DUC)
Blocks of ModerateConcern
Blocks of HeavyConcern
SR-18
13
Figure 2.1.4 - Blocks of Parking Concern (Existing)
ACT.B Page 34 of 189
14
2.2 – Future Parking Infrastructure, Resources, and Usage
FUTURE INFRASTRUCTURE AND RESOURCES
Prior to the Comprehensive Downtown Parking Management Plan
(CDPMP), there has been no recent consideration by the City to
expand on- and off-street parking resources in the DUC.
Per the Comprehensive Transportation Plan, only one future roadway
capacity improvement project identified (F ST SE between 4th ST
SE and Auburn Way S) includes the addition of on-street parking
and is located outside of the DUC.
Additionally, neither land acquisitions for off-street parking nor
improvement of existing municipal properties for off-street parking
have been identified in the 2013-2018 Capital Facilities Plan.
The Auburn Transit Center garage and surface parking lots
(Figure 2.2.1), which are already at capacity, are not operated by
the City, but by Sound Transit. While Sound Transit committed
to a second Auburn Transit Center parking garage as part of the
Sound Transit 2 package of improvements approved by voters
in 2008, and the Comprehensive Transportation Plan recommends
that Sound Transit immediately work with the City to create the
additional parking, the facility has been put on hold as funding
has not been identified. Funding of $1.3 million to $1.5 million,
however, does exist from Metro for an Auburn Transit Center-
adjacent parking facility that serves commuters during weekdays
and other users at all other times, though no specific site has
been selected and acquired. The funding originates from the sale
agreement for the existing Metro park and ride near 15th ST
NE and A ST NE, but no construction date has been forecasted.
While the City is open to discussing interim Sound Transit and
Metro parking solutions, the planned permanent Sound Transit-
and Metro-funded parking spaces are therefore not included as
available future supply7.
Instead, any physical expansion of overall parking supply in the
foreseeable future is anticipated to be code-required off-street
parking constructed for private development in the DUC only. As
of the report’s writing, only plans for one project has emerged that
will noticeably increase parking supply in the DUC. The project
occupies half of the northeastern block of Auburn Junction, where
Figure 2.2.1 - The Auburn
Transit Center garage (above)
and surface parking lots (bottom)
are already at capacity.
7 Though not anticipated, Scenario 1b in the ‘FUTURE USAGE’ subsection includes as available future supply the number
of Sound Transit- and Metro-funded parking spaces matching the anticipated increase in transit demand, solely as basis for
analysis of existing public parking resources’ ability to accommodate non-transit demand.
ACT.B Page 35 of 189
development activity of significant scale is expected to occur8 in
downtown Auburn. Per the plans received by the Planning and
Development Department, the project will be a 5-story, 126-
unit, commercial/residential mixed use building (Figure 2.2.2)
providing a net increase of 1109 parking spaces to the parking
supply identified in the Downtown Urban Center On-and Off-Street
Parking Supply and Demand Analysis. Three (3) additional blocks of
mixed use buildings totaling about 693 units are expected to be
constructed in Auburn Junction10 and about 693 parking spaces
will be added to the DUC’s parking supply11.
Other potential private development and redevelopment activity
in the DUC is unlikely to result in increases to the DUC’s
overall parking supply. The Market Analysis prepared for the
City by Gardner Economics in 2011 noted that structured and
underground parking is the biggest barrier to development in the
Auburn Junction blocks. In addition, the Auburn Junction Design
Guidelines allow for exemption from providing on-site parking for
non-residential uses if “adequate parking in public rights-of-way
and offsite public facilities” can be demonstrated. For the rest of
the DUC, ACC Section 18.29.060(H) also specifies that changes
of use in existing buildings, expansions of not more than 25%
in floor area, and new retail and restaurant developments of less
than 3,000SF are exempt from providing any additional parking
spaces at all. While any development or redevelopment activity in
the DUC outside of those exemptions are required to contribute
to contribute a fee in lieu of providing required parking spaces,
the date of construction for a City parking structure, if any, is
indeterminate.
As such, about 803 parking spaces are anticipated to be added to
the DUC overall in the foreseeable future.
FUTURE USAGE
Parking demand forecasting performed for the DUC derives
from known projects in the pipeline, the Market Analysis, Sound
Transit’s June 2013 CEO Report, and Sound Transit’s 2012 Station
Access Analysis. The three (3) documents identify the primary
demand-impacting trends and activities, as follows:
15
Figure 2.2.2 - Rendering of
the proposed 5-story, 126-unit,
commercial/residential mixed
use building in the northeastern
block of Auburn Junction.
8 Plans have been received for the northeastern block. The mostly City-owned southeastern and southwestern blocks sold
October 2013. See ‘FUTURE USAGE’ subsection for detailed demand modeling.
9 The project will provide 54 parking spaces and repurpose the existing Cavanaugh parking structure, whose 56-space second
floor was not included in the parking supply in the Downtown Urban Center On-and Off-Street Parking Supply and Demand Analysis, to
provide the remainder of its code-required parking.
10 See ‘FUTURE USAGE’ subsection for detailed demand modeling.
11 Per the Auburn Junction Design Standards, all residential uses in Auburn Junction are required to provide parking spaces on-site
per the one (1) parking space per dwelling unit ratio specified in ACC Section 18.29.060(H).
ACT.B Page 36 of 189
Market Analysis (Gardner Economics)
• Zoning for the DUC is still ahead of the market. Higher density development is not financially
feasible under current market conditions.
• Demand for retail space in Auburn Junction will arrive only after residential development has
commenced.
• Demand for office space in Auburn Junction is negligible and speculative office development is
unlikely 2010-2013.
• Smaller scale (80-100 unit) apartment projects would likely be viable with phased development of
commercial space. Condominium project viability is unlikely.
CEO Report (Sound Transit)
• Three (3) Seattle-bound and one (1) Tacoma/Lakewood-bound Sounder commuter rail roundtrips
will be added in the next 4 years (2013-2017), if plans do not otherwise change.
Station Access Analysis (Sound Transit)
• Auburn Transit Center arrivals by car (park and ride) will decrease over time with shift to arrivals
by public transportation, bicycling, and walking.
Since anticipated development and redevelopment for the DUC is unclear relative to anticipated
development in Auburn Junction and the Sound Transit’s projections only extends to 2017, demand
forecasting in the current CDPMP will be limited in scope to the subsequent 10 years. Specifically, parking
demand in the DUC can be forecasted with reasonable accuracy in the short term (2014-2018, 1-5 years) and
vaguer accuracy in the long term (2019-2023, 6-10 years).
SHORT TERM (1-5 YEARS)
Residential Parking Demand:
The project at the northeastern Auburn Junction block will add 126 studio, 1-bedroom, and 2-bedroom
apartment units per application materials received by the Planning and Development Department.
As previously identified, the remaining Auburn Junction blocks are likely to collectively add 693
apartment units12. Over the next 5 years, construction of 819 apartment units can be assumed with
reasonable confidence. Per the parking ratios specified in ACC Section 18.29.060(H), the total new
short-term residential parking demand is 819 spaces.
16
12 The 126-unit building proposed in half of the northeastern Auburn Junction block is reasonably consistent with the Market
Analysis. It is consequently realistic to assume that the other Auburn Junction blocks will be developed with no more than 126
units each per half block. Excluding the parcels that contain the Sunbreak Café, a successful restaurant entity that is unlikely
to be developed, there are 2.75 blocks available for residential development.
ACT.B Page 37 of 189
Commercial Parking Demand:
The project at the northeastern Auburn Junction block will add 5,195SF of commercial space per
application materials received by the Planning and Development Department.
While no project has come forward for the other blocks, ground floor spaces in Auburn Junction that
front E/W Main Street and S Division Street are required to be retail, restaurant, or personal service
uses per the Auburn Junction Design Guidelines. Given the ratio of commercial space to parcel size in the
proposed project in the northeastern block of Auburn Junction, it is assumed that the same ratio for
ground floors in the remaining blocks will be developed as commercial space.
Under that scenario, approximately 29,075SF of commercial space in total will become available as a
result of short-term development activity, of which 22,389SF will be occupied in the short-term. This
is based on the total SF of the remaining Auburn Junction parcels plus vacated alleyways, less the
following:
• The Plaza Park and Sunbreak Café parcels at the northwest Auburn Junction block; the former, a
permanent public amenity and the latter, a successful restaurant entity; and
• 6,686SF in the northwest Auburn Junction block, whose commercial spaces will unlikely be
occupied in the short-term, assuming that this block will be the last to develop (since it has not sold
and is not owned by the City, unlike most of the properties in the southeast and southwest blocks)
and the lag between development of residences and occupancy of associated commercial space
identified by the Market Analysis.
The Market Analysis identified this commercial demand as retail or restaurant in nature rather than
for office space. More specifically, it predicted positive localized effects of a residential base at Auburn
Junction on demand for food (restaurants/groceries), apparel, healthcare, entertainment (public venues/
retail), personal care (services/retail), and books and magazines. As demand for groceries is already
served by the existing Safeway just east of Auburn Junction, across A ST SE, it is unlikely that an
additional grocery store will locate in Auburn Junction. Since groundfloor spaces in Auburn Junction
are required to be retail, restaurant, or personal service uses, it is also unlikely that medical offices will
locate in Auburn Junction.
Should the occupancy of the commercial space at Auburn Junction be a scenario where it is divided
evenly between the localized short-term commercial demand generated by the projected residential
base, the following SF of occupancy and associated parking demand per ACC Section 18.29.060(H) is
expected:
• Food (restaurants) – 4,478SF at 0.5/4 seats13 = 26 parking spaces• Apparel – 4,478SF at 2/1,000SF = 9 parking spaces• Entertainment (public venues) – 2,239SF at 5/1,000SF14 = 11 parking spaces• Entertainment (retail) – 2,239SF at 2/1,000SF = 4parking spaces
17
13 Each seat is 15SF of floor area (excluding kitchens) on average per Design and Equipment for Restaurants and Food Service: A
Management View, “A Business Link” (Government of Alberta website), and Chuck Gohn Restaurant Associates NW; 30% of
floor area is for kitchens per “The Average Cost of Opening a Restaurant”, based on an Ohio State University Survey.
14 Per ACC Section 18.29.060(H) footnote (1), a parking study may be required to parking demand for uses not listed; in lieu
of doing so for the CDPMP, parking demand for entertainment venues in Auburn Junction were calculated at 5/1,000SF, the
ratio for commercial recreation (indoor) uses per ACC Section 18.52.020.
ACT.B Page 38 of 189
18
• Personal care (services) – 2,239SF at 2/1,000SF15 = 4 parking spaces• Personal care (retail) – 2,239SF at 2/1,000SF = 4 parking spaces• Books and magazines – 4,478SF at 2/1,000SF = 9 parking spaces
There is also about 12,254SF of commercial vacancy in the DUC overall, of which 3,200SF is expected
to be occupied in the short-term by a business that provides spa-like services. Since personal care
(services) require 2/1,000SF, the parking demand for this business is 6 parking spaces.
The total new short-term commercial parking demand is therefore 73 spaces.
Auburn Transit Center Demand
Per the June 2013 CEO Report, Sound Transit intends to add one (1) Seattle-bound Sounder commuter
rail roundtrip in 2013, 2016, and 2017, and one (1) Tacoma/Lakewood-bound roundtrip in 2016, for a
total of 3 additional morning trips to Seattle and 1 additional morning trip to Tacoma in the short-term
(thru 2018).
Per the 2013 Service Implementation Plan (SIP), there were 963 daily boardings across seven (7) Seattle-bound
trains and 21 daily boardings across two (2) Tacoma-bound trains at Auburn Transit Center.
Assuming proportional growth between service and ridership, Sounder commuter rail service expansion
in the short-term could potentially bring 425 new riders to Auburn Transit Center. Based on previous
and October 2013 Public Works staff observations, 80% of arrivals at Auburn Transit Center are by
car (park and ride)16. No statistically significant decrease in percentage of car (park and ride) arrivals is
expected in the short term (thru 2018)17.
Therefore, the new total short-term parking demand for 425 riders is 340 spaces.
Displaced Parking Demand
Existing off-street private, permit, and public parking lots in the Auburn Junction blocks will become
permanently displaced as part of development in the short term. During lunchtime on weekdays, when
the DUC experiences peak parking occupancy, the existing off-street parking lots in the Auburn
Junction parcels to be developed are occupied by 251 cars; during the day on Saturday, when the DUC
experiences peak parking occupancy on the weekend, the same are occupied by 39 cars18.
The displaced total short-term parking demand is 251 spaces on weekdays and 39 spaces on weekends.
15 Per ACC Section 18.29.060(H) footnote (1), a parking study may be required to parking demand for uses not listed; in lieu
of doing so for the CDPMP, parking demand for personal care services in Auburn Junction were calculated at 2/1,000SF, the
ratio for retail uses in the DUC per ACC Section 18.29.060(H); retail uses below 15,000SF generate the same parking demand
as personal service shops per ACC Section 18.52.020.
16 The 2012 Station Access Analysis noted 65% of arrivals by car (park and ride), and the 2011 State of the Stations noted 62% of
riders surveyed arrived by car (park and ride). This is contrary to multiple observations made by the Public Works Department
and therefore disregarded.
17 While the 2012 Station Access Analysis projects that arrivals by car (park and ride) by 2030 will decrease to 47% with land use
projections or 33% with land use projections and Auburn Transit Center-adjacent improvement projects, this is not anticipated
to occur based on previous trends observed by Public Works Division staff, demographic information on Sounder commuter
rail riders, and anticipated decreases in existing transit services to and from Auburn Transit Center.
18 Extrapolated from off-street parking observed for the Downtown Urban Center On- and Off-Street Parking Supply and Demand Analysis,
which does not include data for all off-street parking spaces due to limited resources.
ACT.B Page 39 of 189
19
This page intentionally left blank.
ACT.B Page 40 of 189
20
Total New Short-Term Parking Demand - At a Glance (Figure 2.2.3)
Parking Demand Generator No. of Parking Spaces
Residential 819
Commercial 73
Residential + Commercial 892
Auburn Transit Center 340
Displaced Parking Demand (Weekday)251
Displaced Parking Demand (Weekend)39
ACT.B Page 41 of 189
Aub urn
WestAuburnSr HS
AuburnTransitCtr
Junc tion
CityHall
City HallAnnex
MulticareAuburnMed Ctr
PostOffice
AuburnSr HS
JusticeCtr
Au
b
u
r
n
W
a
y
S
A
S
t
S
E
Auburn Ave N
In
t
e
r
u
r
b
a
n
T
r
a
i
l
H
S
t
N
W
G
S
t
N
W
F
S
t
N
W
D
S
t
N
W
C
S
t
N
W
A
S
t
N
W
N
D
i
v
i
s
i
o
n
S
t
A
S
t
N
E
Au
b
u
r
n
W
a
y
N
D
S
t
N
E
G
S
t
S
W
F
S
t
S
W
E
S
t
S
W
D
S
t
S
W
C
S
t
S
W
A
S
t
S
W
S
D
i
v
i
s
i
o
n
S
t
B
S
t
N
E
D
S
t
S
E
W Main St E Main St
2nd St NW
3rd St NW
1st St NW
3rd St NE
4th St NE
2nd St NE
1st St NE
1st St SW
3rd St SW
2nd St SE
4th St SE
Legend
Downtown UrbanCenter (DUC)
Residential
Total Demand - 819Total Supply - 803
Commercial
Total Demand - 73Total Supply - 0
Transit
Total Demand - 340Total Supply - 0
Displaced
Total Demand - 251Total Supply - 0
SR-18
21
Figure 2.2.3 - Total New Short-Term Parking Supply and Demand - By Location
ACT.B Page 42 of 189
22
19 City-owned and/or run unlimited time, time-limited, and loading zones on-street public parking and time-limited off-street
parking open to non-permit holders.
Total New Short-Term Parking Scenarios
Parking Scenario 1a: Weekday Peak (11am - 2pm)
New Sound Transit- and Metro-Funded Parking Garages NOT Constructed
Supply Demand Result
803 new dedicated off-
street parking spaces
1,483 parking spaces 680 deficit in dedicated off-
street parking spaces
2,125* existing unoccupied
parking spaces at weekday
peak in the DUC
680 parking spaces not provided by
dedicated off-street parking spaces
1,445 surplus in total available
parking spaces in the DUC
437* existing public19
parking spaces
680 parking spaces not provided by
dedicated off-street parking spaces
243 deficit in total available
public parking spaces in the
DUC
If Sound Transit- and Metro-funded parking garages are not constructed, dedicated off-street
parking is not anticipated to be adequately supplied. Though the new parking demand can be absorbed
into the DUC’s total existing parking resources, inclusive of permit-only and private off-street parking
spaces, it cannot be adequately absorbed by only the total available public parking resources, even when
considering commuters parking in on- and off-street public parking throughout the entire DUC.
Parking Scenario 1b: Weekday Peak (11am - 2pm)
New Sound Transit- and Metro-Funded Parking Garages ARE Constructed
Supply Demand Result
1,143 new dedicated off-
street parking spaces
1,483 parking spaces 340 deficit in dedicated off-street
parking spaces
2,125* existing unoccupied
parking spaces at weekday
peak in the DUC
340 parking spaces not provided by
dedicated off-street parking spaces
1,785 surplus in total available
parking spaces in the DUC
437* existing public
parking spaces
340 parking spaces not provided
by dedicated off-street parking
spaces
93 surplus in total available
public parking spaces in the
DUC
If Sound Transit- and Metro-funded parking garages are constructed, dedicated off-street parking
is still not anticipated to be adequately supplied. Though not only can the new parking demand be
absorbed into the DUC’s total existing parking resources, inclusive of permit-only and private off-street
parking spaces, it can also be adequately absorbed by only the total available public parking resources in
the entire DUC. Most of these available public parking resources are located within an approximately
1/4-mile walking distance of Auburn Junction, where the bulk of future non-transit demand is
anticipated. There is opportunity for improvement, however, in east-west connections to parking spaces
across C ST NW/SW and the BNSF railroad tracks to the west and across Auburn Ave N/A ST SE and
Auburn Way N/S to the east.
ACT.B Page 43 of 189
Parking Scenario 1c: Weekend Peak (Daytime Saturday)
New Sound Transit- and Metro-Funded Parking Garages NOT Constructed
Supply Demand Result
803 new dedicated off-street
parking spaces
92121 parking spaces 128 deficit in dedicated off-
street parking spaces
3,158** existing unoccupied
parking spaces at weekend
peak in the DUC
128 parking spaces not provided by
dedicated off-street parking spaces
3,130 surplus in total available
parking spaces in the DUC
429*** existing on-street
public parking spaces
128 parking spaces not provided by
dedicated off-street parking spaces
301 surplus in total available
on-street public parking
spaces in the DUC
If Sound Transit- and Metro-funded parking garages are not constructed, dedicated off-street
parking is still not anticipated to be adequately supplied even with no Sounder commuter rail service on
weekends. That being said, the new parking demand can be adequately absorbed by the total available
public parking resources in the DUC, even without accounting for off-street public parking resources.
Most of these available public parking resources are located within an approximately 1/4-mile walking
distance of Auburn Junction, where the bulk of future non-transit demand is anticipated. There is
opportunity for improvement, however, in east-west connections to parking spaces across C ST NW/SW
and the BNSF railroad tracks to the west and across Auburn Ave N/A ST SE and Auburn Way N/S to
the east.
* Adjusted for existing off-street private, permit, and public parking spaces in Auburn Junction blocks
that will become permanently displaced as part of development in the short term.
** Extrapolated from off-street parking observed for the Downtown Urban Center On- and Off-Street Parking
Supply and Demand Analysis, which does not include data for all off-street parking spaces due to limited
resources.
*** Off-street public parking unable to be extrapolated from the off-street parking observed for the
Downtown Urban Center On- and Off-Street Parking Supply and Demand Analysis.
23
20 Sounder commuter rail service does not currently run on weekends. Per the 2013 SIP, weekend Sounder commuter rail
service is not anticipated.
ACT.B Page 44 of 189
LONG TERM (6-10 YEARS)
Residential Parking Demand
Outside of the apartments developed in Auburn Junction over the short-term, the number of apartments
developed in the DUC overall over the long-term is unknown. The Market Analysis did not analyze
residential demand for the Auburn Junction blocks only, and no other City document projects the
expected apartment units in the DUC overall over the next 10 years with reasonable confidence.
Assuming residential market saturation for the DUC and absent any anticipated new significant
residential development in the long-term, the total new long-term residential parking demand is hence
0 spaces.
Commercial Parking Demand
The final 6,686SF of commercial space developed in the Auburn Junction blocks will likely be occupied
in the long term, to account for the lag between development of residences and occupancy of associated
commercial space identified by the Market Analysis.
Should the occupancy of the commercial space at Auburn Junction be divided evenly between the
long-term localized commercial demand generated by the projected residential base, the following SF of
occupancy and associated parking demand per ACC Section 18.29.060(H) is expected21:
• Food (restaurants) – 1,337SF at 0.5/4 seats = 8 parking spaces• Apparel – 1,337SF at 2/1,000SF = 3 parking spaces• Entertainment (public venues) – 669SF at 5/1,000SF = 3 parking spaces• Entertainment (retail) – 669SF at 2/1,000SF = 1 parking spaces• Personal care (services) – 669SF at 2/1,000SF = 1 parking spaces• Personal care (retail) – 669SF at 2/1,000SF = 1 parking spaces• Books and magazines – 1,337SF at 2/1,000SF = 3 parking spaces
In addition, assuming the remaining 9,054SF2223 of vacant commercial space in the DUC is occupied
in the long-term as a result of the anticipated demand generated by Auburn Junction, and occupancy
is divided evenly between the long-term localized commercial demand generated by the projected
residential base, the following SF of occupancy and associated parking demand per ACC Section
18.29.060(H) is expected:
• Food (restaurants) – 1,811SF at 0.5/4 seats = 11 parking spaces• Apparel – 1,811SF at 2/1,000SF = 4 parking spaces• Entertainment (public venues) – 905SF at 5/1,000SF = 5 parking spaces• Entertainment (retail) – 905SF at 2/1,000SF = 2 parking spaces
24
21 See ‘Commercial Parking Demand’ under ‘FUTURE USAGE – SHORT-TERM (1-5 YEARS)’ for detailed calculation
methodology.
22 Based on an October 2013 physical survey of vacant commercial spaces in the DUC, excluding vacancies with off-street
private parking. With 1,000+ off-street private parking spaces available at the weekday peak of lunchtime (11am-2pm), it is
not anticipated that occupancy of vacant commercial spaces with off-street private parking will generate any on-street parking
impacts, nor is it anticipated that the same occupancy will be statistically significant regarding the overall reduction of parking
supply in the DUC.
23 Excludes any potential vacancies in the long-term, in the DUC.
ACT.B Page 45 of 189
• Personal care (services) – 905SF at 2/1,000SF = 2 parking spaces• Personal care (retail) – 905SF at 2/1,000SF = 2 parking spaces• Books and magazines – 1,811SF at 2/1,000SF = 4 parking spaces
The total new long-term commercial parking demand is therefore 50 spaces.
Auburn Transit Center Demand
While the June 2013 CEO Report and 2013 SIP identify Sounder commuter rail service expansion for the
short term, no document projects service levels beyond the short term (thru 2018). For the purposes of
estimating parking demand in the CDPMP and absent any projection or promise by Sound Transit, it
is assumed that Sound Transit will mirror Sounder commuter rail service expansion in the short-term,
and thus parking demand for 3 additional Seattle-bound roundtrips and 1 additional Tacoma/Lakewood-
bound roundtrip in the long-term (thru 2023) is anticipated.
Using the same assumption of proportional growth between service and ridership24, Sounder commuter
rail service expansion in the long-term could potentially bring 425 new riders to Auburn Transit Center.
Based on previous and October 2013 Public Works staff observations, 80% of arrivals at Auburn Transit
Center are by car (park and ride)25. No statistically significant decrease in percentage of car (park and
ride) arrivals is expected in the long term (thru 2023)26.
Due to the anticipated mode shift in arrivals to Auburn Transit Center, the new total long-term parking
demand for 425 riders is 340 spaces.
Displaced Parking Demand
Existing off-street private, permit, and public parking lots in the Auburn Junction blocks will already
have become permanently displaced as part of development in the short term.
The displaced total long-term parking demand is therefore 0 spaces on weekdays and weekends.
25
24 See ‘Auburn Transit Center Demand’ under ‘FUTURE USAGE – SHORT-TERM (1-5 YEARS)’ for detailed calculation
methodology.
25 The 2012 Station Access Analysis noted 65% of arrivals by car (park and ride), and the 2011 State of the Stations noted 62% of
riders surveyed arrived by car (park and ride). This is contrary to multiple observations made by the Public Works Division
and therefore disregarded.
26 While the 2012 Station Access Analysis projects that arrivals by car (park and ride) by 2030 will decrease to 47% with land use
projections or 33% with land use projections and Auburn Transit Center-adjacent improvement projects, this is not anticipated
to occur based on previous trends observed by Public Works Department staff, demographic information on Sounder commuter
rail riders, and anticipated decreases in existing transit services to and from Auburn Transit Center.
ACT.B Page 46 of 189
Total New Long-Term Parking Demand - At a Glance (Figure 2.2.4)
Parking Demand Generator No. of Parking Spaces
Residential 0
Commercial 50
Residential + Commercial 50
Auburn Transit Center 340
Displaced Parking Demand (Weekday)0
Displaced Parking Demand (Weekend)0
26 ACT.B Page 47 of 189
Aub urn
WestAuburnSr HS
AuburnTransitCtr
Junc tion
CityHall
City HallAnnex
MulticareAuburnMed Ctr
PostOffice
AuburnSr HS
JusticeCtr
Au
b
u
r
n
W
a
y
S
A
S
t
S
E
Auburn Ave N
In
t
e
r
u
r
b
a
n
T
r
a
i
l
H
S
t
N
W
G
S
t
N
W
F
S
t
N
W
D
S
t
N
W
C
S
t
N
W
A
S
t
N
W
N
D
i
v
i
s
i
o
n
S
t
A
S
t
N
E
Au
b
u
r
n
W
a
y
N
D
S
t
N
E
G
S
t
S
W
F
S
t
S
W
E
S
t
S
W
D
S
t
S
W
C
S
t
S
W
A
S
t
S
W
S
D
i
v
i
s
i
o
n
S
t
B
S
t
N
E
D
S
t
S
E
W Main St E Main St
2nd St NW
3rd St NW
1st St NW
3rd St NE
4th St NE
2nd St NE
1st St NE
1st St SW
3rd St SW
2nd St SE
4th St SE
Legend
Downtown UrbanCenter (DUC)
Residential
Total Demand - 0Total Supply - 0
Commercial
Total Demand - 50Total Supply - 0
Transit
Total Demand - 340Total Supply - 0
Displaced
Total Demand - 0Total Supply - 0
SR-18
27
Figure 2.2.4 - Total New Long-Term Parking Supply and Demand - By Location
ACT.B Page 48 of 189
Total New Long- and Short-Term Combined Parking Demand - At a Glance (Figure 2.2.5)
Parking Demand Generator No. of Parking Spaces
Residential 0
Commercial 50
Residential + Commercial 50
Auburn Transit Center 340
Displaced Parking Demand (Weekday)0
Displaced Parking Demand (Weekend)0
28 ACT.B Page 49 of 189
Aub urn
WestAuburnSr HS
AuburnTransitCtr
Junc tion
CityHall
City HallAnnex
MulticareAuburnMed Ctr
PostOffice
AuburnSr HS
JusticeCtr
Au
b
u
r
n
W
a
y
S
A
S
t
S
E
Auburn Ave N
In
t
e
r
u
r
b
a
n
T
r
a
i
l
H
S
t
N
W
G
S
t
N
W
F
S
t
N
W
D
S
t
N
W
C
S
t
N
W
A
S
t
N
W
N
D
i
v
i
s
i
o
n
S
t
A
S
t
N
E
Au
b
u
r
n
W
a
y
N
D
S
t
N
E
G
S
t
S
W
F
S
t
S
W
E
S
t
S
W
D
S
t
S
W
C
S
t
S
W
A
S
t
S
W
S
D
i
v
i
s
i
o
n
S
t
B
S
t
N
E
D
S
t
S
E
W Main St E Main St
2nd St NW
3rd St NW
1st St NW
3rd St NE
4th St NE
2nd St NE
1st St NE
1st St SW
3rd St SW
2nd St SE
4th St SE
Legend
Downtown UrbanCenter (DUC)
Residential
Total Demand - 819Total Supply - 803
Commercial
Total Demand - 123Total Supply - 0
Transit
Total Demand - 680Total Supply - 0
Displaced
Total Demand - 251Total Supply - 0
SR-18
29
Figure 2.2.5 - Total New Long- and Short-Term Combined Parking Supply and Demand - By Location
ACT.B Page 50 of 189
Total New Long- and Short-Term Combined Parking Scenarios
Parking Scenario 1a: Weekday Peak (11am - 2pm)
New Sound Transit- and Metro-Funded Parking Garages NOT Constructed
Supply Demand Result
803 new dedicated off-
street parking spaces
1,873 parking spaces 1,070 deficit in dedicated off-
street parking spaces
2,125* existing unoccupied
parking spaces at weekday
peak in the DUC
1,070 parking spaces not provided by
dedicated off-street parking spaces
1,055 surplus in total available
parking spaces in the DUC
437* existing public27
parking spaces
1,070 parking spaces not provided by
dedicated off-street parking spaces
633 deficit in total available
public parking spaces in the
DUC
If Sound Transit- and Metro-funded parking garages are not constructed, dedicated off-street
parking is not anticipated to be adequately supplied. Though the new parking demand can be absorbed
into the DUC’s total existing parking resources, inclusive of permit-only and private off-street parking
spaces, it cannot be adequately absorbed by only the total available public parking resources in the DUC,
even when considering commuters parking in on- and off-street public parking throughout the entire
DUC.
Parking Scenario 1b: Weekday Peak (11am - 2pm)
New Sound Transit- and Metro-Funded Parking Garages ARE Constructed
Supply Demand Result
1,483 new dedicated off-
street parking spaces
1,873 parking spaces 390 deficit in dedicated off-street
parking spaces
2,125* existing unoccupied
parking spaces at weekday
peak in the DUC
390 parking spaces not provided by
dedicated off-street parking spaces
1,735 surplus in total available
parking spaces in the DUC
437* existing public
parking spaces
390 parking spaces not provided
by dedicated off-street parking
spaces
47 surplus in total available
public parking spaces in the
DUC
If Sound Transit does construct a second Auburn Transit Center garage, dedicated off-street
parking is still not anticipated to be adequately supplied. Though not only can the new parking
demand be absorbed into the DUC’s total existing parking resources, inclusive of permit-only and
private off-street parking spaces, it can also be adequately absorbed by only the total available public
parking resources in the DUC. Most of these available public parking resources are located within
an approximately ¼-mile walking distance of Auburn Junction, where the bulk of future non-transit
demand is anticipated. There is opportunity for improvement, however, in east-west connections to
parking spaces across C ST NW/SW and the BNSF railroad tracks to the west and across Auburn Ave
N/A ST SE and Auburn Way N/S to the east.
30
27 City-owned and/or run unlimited time, time-limited, and loading zones on-street public parking and time-limited off-street
parking open to non-permit holders.
ACT.B Page 51 of 189
Parking Scenario 1c: Weekend Peak (Daytime Saturday)
New Sound Transit- and Metro-Funded Parking Garages NOT Constructed
Supply Demand Result
803 new dedicated off-street
parking spaces
98128 parking spaces 178 deficit in dedicated off-
street parking spaces
3,158** existing unoccupied
parking spaces at weekend
peak in the DUC
178 parking spaces not provided by
dedicated off-street parking spaces
2,980 surplus in total available
parking spaces in the DUC
429*** existing on-street
public parking spaces
178 parking spaces not provided by
dedicated off-street parking spaces
251 surplus in total available
on-street public parking
spaces in the DUC
If Sound Transit- and Metro-funded parking garages are not constructed, dedicated off-street
parking is still not anticipated to be adequately supplied even with no Sounder commuter rail service on
weekends. That being said, the new parking demand can be adequately absorbed by the total available
public parking resources in the DUC, even without accounting for off-street public parking resources.
Most of these available public parking resources are located within an approximately ¼-mile walking
distance of Auburn Junction, where the bulk of future non-transit demand is anticipated. There is
opportunity for improvement, however, in east-west connections to parking spaces across C ST NW/SW
and the BNSF railroad tracks to the west and across Auburn Ave N/A ST SE and Auburn Way N/S to
the east.
* Adjusted for existing off-street private, permit, and public parking spaces in Auburn Junction blocks
that will become permanently displaced as part of development in the short term.
** Extrapolated from off-street parking observed for the Downtown Urban Center On- and Off-Street Parking
Supply and Demand Analysis, which does not include data for all off-street parking spaces due to limited
resources.
*** Off-street public parking unable to be extrapolated from the off-street parking observed for the
Downtown Urban Center On- and Off-Street Parking Supply and Demand Analysis.
31
28 Sounder commuter rail service does not currently run on weekends. Per the 2013 SIP, weekend Sounder commuter rail
service is not anticipated.
ACT.B Page 52 of 189
2.3 – Parking Organization, Management, Planning, and Investment
ORGANIZATION AND MANAGEMENT
The DUC parking system, which includes privately and
municipally owned and/or operated parking spaces, falls
under the authority of various private property owners and at
least 6 departments and divisions within the City. These City
departments and divisions include Planning, Public Works,
Maintenance and Operations, Facilities, Police, and the Court
Clerk.
Some components of the parking system are mainly managed by
one department or division while responsibility for others are
shared by multiple departments and divisions. Responsibilities are
not clearly identified in the ACC. For instance, while signage in
the City’s off-street parking lots is collaboratively executed between
the Facilities Department and Planning Division, the Public
Works Division is identified as the responsible entity for “marking”
off-street permit parking spaces for the City’s vehicles per the ACC.
As such, there is opportunity for both increased coordination
and clarity of roles. Examples of these opportunities include
wayfinding signs (Figure 2.3.1) interspersed throughout the City
(managed by the Public Works Division) that currently directs
drivers towards landmarks only, but not to off-street no-permit
parking in the DUC (managed by the Planning Division) and
clarity of roles so that Planning and Public Works staff at the
Permit Center can either directly provide information on how to
pay or contest a parking citation (processed by the Court Clerk)
or direct customers to the appropriate City contact with the
information.
PLANNING
The City has not undertaken comprehensive planning for parking
in the DUC with regularity, nor has it adopted any framework for
future parking planning efforts.
Downtown Parking Plan (1996)
In fact, the last comprehensive parking plan (the Downtown
Parking Plan) adopted for the DUC dates from 1996. The
impetus for developing the Downtown Parking Plan was threefold:
• Passage of the Commute Trip Reduction law in
Washington State, which mandated employers of a certain
size to undertake measures to reduce single-occupancy
vehicle commutes; the Downtown Parking Plan examined
32
Figure 2.3.1 - Typical
wayfinding sign, which does not
currently direct drivers to off-
street parking
ACT.B Page 53 of 189
parking supply and demand management strategies as
part of that mandate;
• Recurring parking concerns expressed by the downtown
business community; and
• Anticipation of parking demand generated by a future
transit hub (Auburn Transit Center).
The scope of the Downtown Parking Plan included the following:
• Extensive parking supply and demand analysis, including
turnover rates, between the hours of 7am and 6pm for all
areas of downtown Auburn29;
• Future demand forecasting, incorporating projections from
the City’s Comprehensive Plan tempered with observations of
development trends in downtown Auburn;
• Identification of significant downtown Auburn parking
issues ; and
• Parking policies to address identified parking issues.
The parking policies fell under the umbrella strategy of
reducing demand for parking, utilizing existing public parking
resources more efficiently, increasing usage of underutilized
private parking through lease and shared parking
arrangements, and providing guidance for future purchase and
establishment of public off-street parking lots in a manner
that is phased, cost effective, and affordable for the City and
downtown business and property owners.
Some specific parking policies directly affecting the City’s
physical parking resources have been adopted, such as the
conversion of on-street parking spaces along the west side
of Auburn Way S, between E Main ST and 2nd ST SE, to
unlimited time, no-permit on-street parking, as it exists today
(Figure 2.3.2).
Most specific parking policies that more indirectly affect
the City’s parking system have been adopted in the ACC.
Policies such as maximum off-street parking requirements
for development, shared parking and other required off-street
parking reduction incentives, and employer incentives for non-
single occupancy vehicle commutes have been adopted in ACC
Chapter 18.52 – Off-Street Parking and Loading, ACC Chapter
33
Figure 2.3.2 - Looking south
from E Main ST at on-street
parking on the west side of
Auburn Way S, implemented as
a result of the 1996 Downtown
Parking Plan.
29 “Downtown” did not include all blocks of DUC and was generally smaller in geographic area.
ACT.B Page 54 of 189
18.29 – DUC Downtown Urban Center District, and ACC Chapter 10.02 – Commute Trip Reduction.
Other parking policies have not been adopted and are no longer applicable currently. For example, the
proposed policy of encouraging employees to park in the residential neighborhoods east of Auburn Way
N/S conflicts with concerns raised about non-residents parking on residential streets in the Downtown
Parking Survey. On the other hand, some parking policies were not adopted, but are still applicable, such
as better use of signage to direct drivers to available City off-street parking.
Comprehensive Downtown Parking Management Plan (CDPMP) (2013)
The current CDPMP comes seventeen (17) years subsequent the last concerted comprehensive planning
effort. It contains much of the same elements as the Downtown Parking Plan as the level of assessment
performed is either equivalent or in excess of that in other cities’ plans.
Unlike the previous parking plan however, which was prepared by consultants, the current CDPMP
is a product of City staff. The CDPMP also adds the toolbox, which presents the various best practices
employed in the provision of parking, parking demand management, and operations of a parking system.
It is a collection of tools intended to be updated periodically and should be considered at a glance
whenever the City is looking to fine-tune its parking system. In its current iteration it includes best
practices for provision of special event parking and real-time parking information, parking topics not
addressed by the previous plan.
With the toolbox and as a whole, the CDPMP sets the framework for parking planning at a specific
point in time and allows for flexibility to update its contents to suit future parking needs.
INVESTMENT
The City’s current investment in the provision of off-street parking in the future is based on a two-pronged
fee-in-lieu-of strategy.
All Auburn Junction development, per the Auburn Junction Design Guidelines, must provide required residential
parking spaces on-site, though the same does not apply to non-residential uses. Although required non-
residential parking spaces do not need to be provided on-site, a fee-in-lieu-of payment30 is required to be
made towards a fund for a future parking structure in the DUC if the non-residential demand cannot be
adequately fulfilled by existing on- and off-street public parking resources31.
DUC development at large also have the option for fee-in-lieu-of payments per ACC Section 18.29.060(H)
as an alternative to provision of required spaces on-site32. Unlike the fee-in-lieu-of payments for Auburn
Junction development, however, neither the Downtown Urban Center Design Standards nor the ACC direct these
payments toward funding a future parking structure in the DUC.
34
30 No per space fee-in-lieu-of payment is defined. Assessed on a case-by-case basis.
31 The radius from an Auburn Junction development within which existing on- and off-street public parking resources may be
considered “supply” is not defined.
32 The maximum number of required on-site parking spaces allowed via fee-in-lieu-of payments is not defined.
ACT.B Page 55 of 189
2.4 – Parking Operations, Maintenance, and Marketing and Communications
OPERATIONS
Operation of the DUC parking system falls to the City for on-
street parking spaces and off-street public and permit parking lots
and private property owners for off-street parking lots located on
their own property.
Activities associated with parking operations are minimal. None of
the City’s on-street parking spaces are metered, so operation is no
more than ingress and egress from these spaces. Additionally, no
off-street parking lot operated by the City or privately owned ever
“opens” or “closes” in the DUC by way of gates or personnel. The
only operational activity for parking is undertaken by Multicare
Auburn Medical Center, which contracts out to a private company
for operation of its complimentary valet service (Figure 2.4.1).
OPERATIONS – SPECIAL EVENTS
Several seasonal events (Figure 2.4.2) currently draw big crowds
to downtown Auburn and introduce additional demand into the
existing parking system, while sometimes simultaneously reducing
available parking supply.
Activities associated with the operation of the parking system
on event days, like non-event days, is similarly minimal. No
personnel direct drivers to parking for the Auburn International
Farmers Market, which takes place weekly in the Auburn Transit
Center plaza during summer months. Nor do any personnel direct
drivers to parking for the Auburn Good Ol’ Days festival, which
takes place annually in the vicinity of E/W Main Street and closes
several streets. Maps of parking locations on event days are not
available online for either event and are generally not required for
permit approval of special events.
OPERATIONS – RATES, FEES, ENFORCEMENT,
AND FINES
RATES
No rates for hourly or daily parking have been established
for the City. The City’s on- and off-street parking spaces are
available to drivers who park for the short-term or for the
evening at no cost. Likewise, privately owned and operated
off-street parking lots in the City do not charge for customer
and visitor parking.
35
Figure 2.4.1 - Complimentary
valet parking is advertised at the
entrance to Multicare Auburn
Medical Center on N Division
ST.
Figure 2.4.2 - Dancers at the
Auburn International Festival
(above) and cars along E Main
ST for the Auburn Good Ol’
Days festival (below), both
events that draw big crowds to
downtown Auburn.
ACT.B Page 56 of 189
FEES
The City charges a $10 per month permit parking fee for parking in its off-street permit parking lots.
Permit parking is available for business owners, employees, downtown residents, commuters who are
residents of Auburn (until 2014), and Green River Community College students. Parking permits are
acquired at the City’s Permit Center. Fees for permit parking are established administratively by the
Planning Division.
Privately owned and operated off-street parking lots may assess monthly parking fees for its tenants
as well. Data for how many private property owners assess such a fee and how much they charge is
unavailable.
ENFORCEMENT
For City owned and/or operated on- and off-street parking spaces, 2 parking enforcement officers in the
Police Department enforce maximum time limits, amongst other parking regulations, and impound
abandoned vehicles.
Enforcement in off-street parking lots owned and operated by private parties varies; typically, private
property owners contract out for towing services on larger off-street parking lots.
FINES
The City issued 3,383 parking citations in 2011 and levies a variety of fines for parking violations cited.
These fines include $25 for parking in excess of the maximum allowed time for on- or off-street parking
($35 if not paid within 15 days of the parking citation’s issuance) and $30 for violations of loading zone
restrictions. Other parking violations with no fines defined include parking in a no-parking zone and
parking too far away from the curb.
Fines for parking citations are paid and processed at the Court Clerk. Many parking citations can
be waived by participation in community service for non-profits at a rate of $10 waived per hour
volunteered.
Fines for improper parking in privately owned and operated off-street parking lots are established by
private property owners. Towing fees are set by the companies that private property owners contract
towing services to.
MAINTENANCE
Maintenance of the City’s on-street parking, such as striping of spaces and signage, clearly falls to the
Maintenance and Operations Division. Maintenance of the City’s off-street parking lots, on the other hand,
is not as clearly designated in code or in practice.
While the Facilities Department currently maintains off-street parking lot signs, the Planning Division
designates off-street public and permit parking spaces, processes parking permit fees, and otherwise manages
the City’s off-street parking resources.
Both on- or off-street parking owned and/or operated by the City is swept and restriped on a more or less
regular basis, but no formal maintenance schedule or plan exists. Likewise, private off-street parking is
required to be consistent with the applicable parking code at construction, but is not explicitly mandated by
36 ACT.B Page 57 of 189
any City code section to perform specific maintenance per a formal
schedule.
MARKETING AND COMMUNICATIONS
The City’s parking philosophy and parking policies require further
refinement through the CDPMP as neither are currently clearly
defined. Regarding the former, the existing Downtown Parking
Plan does offer overall direction for the downtown parking. The
Downtown Parking Plan, however, dates from 1996 and is not an
actively referenced document for downtown parking policymaking.
The City’s parking policies and fines themselves are contained in
Auburn City Code, rather than at a centralized location on the
City’s website, and occasionally contradict with what is signed.
There are also opportunities for improvement in promoting City’s
off-street permit parking program, administered by the Planning
Division at the Permit Center, on the City’s website and on off-
street permit parking lot signage. Avenues of promotion beyond
the City are currently limited to the passing of information from
the Auburn Downtown Association (ADA) and Auburn Area
Chamber of Commerce to its members.
The question of how to obtain a parking permit and where off-
street permit parking exists for the general public is typically
answered at the Permit Center, where a map of off-street parking
available in the City is available (Appendix B). There is no map,
however, that identifies the on--street parking spaces available to
the general public.
At on-street parking spaces , the City has installed signs that
identify time limits, although these signs’ designs are not uniform
On the other hand, signs with ‘FREE PARKING’ (Figure
2.4.3) in a large-sized font proclaim available public parking at
each City owned and/or operated off-street parking lot. Due to
permit parking spaces interspersed amongst public parking spaces
(Figure 2.4.4), while signed and marked appropriately, drivers
have expressed confusion deciphering whether a parking space was
designated for public or permit parking.
37
Figure 2.4.3 - ‘FREE PARKING’
sign in large font at the entrance
to the off-stree public and permit
parking lots between E Main ST
and 1st ST NE at B ST NE.
Figure 2.4.4 - Off-street permit
parking space (foreground)
located adjacent to off-street
parking spaces (background), in
an area also connected to the
Safeway parking lot.
ACT.B Page 58 of 189
3. Parking Case Studies
3.1 – Parking Organization, Management, Planning, and Investment
ORGANIZATION AND MANAGEMENT
Location(s): City of San Diego
Approach: One point of contact for all parking, multiple
departments with collaborative authority over the
parking system.
Key Points: • The primary point of contact for the public is
the ‘Parking Administration’, which processes
residential parking permits, payment of
parking citations, and provides general parking
information from the City.
• Behind the scenes, however, one department
or division is clearly defined as the ultimate
authority for a certain component of the parking
system
Location(s): City of Vancouver, B.C.
Approach: One point of contact for on-street parking, one
point of contact for off-street parking, authority
over the parking system split along the same lines.
Key Points: • The primary on-street parking point of contact
for the public is Engineering Services, which
processes residential and commercial on-street
parking permits, payment of on-street parking
citations, requests for on-street parking meters,
and all other on-street parking related matters.
• The primary off-street parking point of contact
for the public is Easypark (Figure 3.1.1), a
non-profit corporation owned by the City, which
processes off-street parking permits, payment of
off-street parking citations, and all other matters
related to off-street parking.
Location(s): City of Champaign, IL, City of Lynchburg, VA,
City of Monterey, CA
Approach: One point of contact for all parking, one
department or parking authority with control over
38
Figure 3.1.1 - The City of
Vancouver’s EasyPark website
features parking lot finder,
citation payment system, and
citation appeal system for off-
street parking - all located front
and center on its homepage.
ACT.B Page 59 of 189
the parking system.
Key Points: • The one department or parking authority
usually does not have control over parking
standards for private development and
enforcement of parking regulations.
PLANNING
As mentioned previously, the CDPMP matches or exceeds the
level of assessment performed in other cities’ parking plans.
Where they differ is when cities choose to undertake an effort to
produce or procure a parking plan.
Location(s): City of Bellingham
Approach: Financial shortfalls in the budget.
Location(s): City of Pasadena, CA
Approach: Struggling downtown and the desire to spur new
development (Figure 3.1.2).
Location(s): City of Redwood City, CA
Approach: Anticipation of new development and visitors who
will mostly arrive by car.
Location(s): City of Ventura, CA
Approach: Simultaneous with update of Downtown Specific
Plan.
INVESTMENT
Of the other cities’ parking plans surveyed, the Downtown
Redmond Parking Study from 2008 examines the various options
available for financing downtown parking infrastructure most
comprehensively. The options below33, however, are not exhaustive
nor meant to be mutually exclusive (use of multiple funding
sources is the rule rather than exception for public financing).
Options Affecting Customers
Approach: Event surcharges
Key Points: • Ticketing fees that are authorized by a public
39
33 Updated to include current financing options available and not identified in the study.
Figure 3.1.2 - A dilapidated
building in Old Pasadena in
the 1980s (above) and the same
building now (below).
ACT.B Page 60 of 189
facilities district, such as the one established for the ShoWare Center in the City of Kent.
Approach: On-street parking fees
Key Points: • Parking meters and/or permits.
Approach: Parking fine revenues
Key Points: • N/A
Options Affecting Businesses
Approach: Business improvement area (BIA)
Key Points: • Assessment on business owners based on square footage, assessed land value, and/or
business and operation (B&O) taxes
• Useful for funding parking operations and marketing
Options Affecting Property Owners
Approach: Local improvement district (LID)
Key Points: • Assessment on property owners to repay bonds sold to finance improvement
• Benefit to the land must be more intense than to the rest of the city and must be actual,
physical, and material, and not merely speculative or conjectural
• Useful for funding capital development (ex. parking structure)
• Useful as one component of revenue bond without the need for general obligation bond
backing (and drawing down the available debt capacity of the city)
Options Affecting Developers
Approach: Fee-in-lieu-of parking
Key Points: N/A
Approach: Options affecting developers – public/private development partnerships
Key Points: • Ex. public acquisition of land and sale or lease of land/air rights not needed for parking
• Ex. private development of mixed-use development with sale or lease back of the public
parking portion upon completion, a turnkey project
Options Affecting the General Public
Approach: General obligation bonds
Key Points: • Bonds issued to finance parking improvements underwritten by the general fund when
40 ACT.B Page 61 of 189
repayment of debt is unable to be serviced by parking revenues alone
• Bonds can be issued by public vote or council decree
• Legal limit for all voter-approved debt in a city is 7.5% of assessed property values; non-
voted debt is 1.5% of assessed property values
Approach: Refinancing general obligation bonds
Key Points: • Refinancing existing debt and shifting savings from the general fund to debt coverage for
parking improvements
Approach: Revenue bonds
Key Points: • Bonds issued to finance parking improvements underwritten by parking and other
specific revenues rather than by the general fund; however, unless utilization and revenue
projections (such as LID revenues) are strong and predictable enough to cover debt and
operations and provide a coverage cushion, general obligation bonds may still be required
• Legal limit for debt is not affected, unless general obligation bond backing is required
Approach: 63-20 financing
Key Points: • Bonds (tax-exempt) issued by a non-profit corporation on behalf of the city
• Financed assets must be “capital” and must be turned over free and clear to the
government by the time that bonded indebtedness is retired
Approach: Public facilities districts (PFD)
Key Points: • An independent taxing authority and district under Washington State statue that may
charge fees for the use of its facilities, levy an admissions tax not exceeding 5%, and impose
a vehicle parking tax not exceeding 10%
• State law also allows PFDs to impose two different types of sales and use taxes: local sales
and use taxes of up to 0.033% to finance regional centers and local sales and use taxes up
to 0.2% to finance, design, construct, remodel, maintain, or operate public facilities (if
approved by voters)
Approach: Downtown and neighborhood commercial districts
Key Points: • Uses incremental increases in local sales and use tax revenue subsequent establishment of
the district to finance community revitalization projects, such as “publicly owned or lease
facilities”
Approach: Community revitalization financing
Key Points: • Uses incremental increases in property taxes to finance parking improvements
• Tax “increment area” must be established with approval from local governments imposing
at least 75% of the regular property taxes
41ACT.B Page 62 of 189
• Tax increment is calculate at 75% of any increase in assessed property value
Approach: Local revitalization financing
Key Points: • Uses incremental increases in local sales and use tax revenues and property tax revenues
within the “revitalization area”, additional funds from other local public sources, and a
state contribution to finance parking improvements
• Tax increment is calculate at 75% of any increase in assessed property value
• State contribution applications are currently closed
Approach: State and federal grants
Key Points: • No current grants for downtown parking structures have been found
Approach: Parking fund
Key Points: • Establishes parking commissions and funding mechanisms for parking improvements and
maintenance and operations
Approach: General fund contribution
Key Points: • For a one-time capital improvement or on-going contributions to maintenance and
operations of a downtown parking system
42 ACT.B Page 63 of 189
3.2 – Parking Operations, Maintenance, and Marketing and Communications
OPERATIONS
Location(s): Various
Approach: Parking meters and/or pay stations as a tool to
promote parking turnover; act as a means of
distributing limited amount of on-street spaces in
commercial areas where demand exceeds supply;
provide short-term parking spaces for shopping or
personal errands; improve traffic circulation and
economic viability of downtown commercial areas
by maximizing the number of patron visits; and
to generate revenue for the city.
Key Points: • Individual conventional meters that accept coins
and credit cards (City of Salem) (Figure 3.2.1)
• Individual “smart” meters that accept coins,
credit cards, and pay-by-phone, with different
prices at different times of the day; has resulted
in higher revenues and fewer parking citations,
but may result in less turnover (City of San
Francisco) (Figure 3.2.2)
• Individual “smart” meters that accept coins and
credit cards, resets any remaining parking time
available to zero when a car leaves, and prohibits
drivers from paying for more time when the car
has already parked for the maximum time limit
applicable to the parking space (City of Santa
Monica)
• Conventional pay-and-display pay stations that
accept coins and credit cards (City of Boulder)
(Figure 3.2.3)
Location(s): City of Tacoma
Approach: Parking operations and maintenance contracted
out to Republic Parking
Key Points: • Since 1987, Republic Parking has provided daily
operational oversight for 2,500 parking spaces
located within the city’s lots and garages
• The city’s budget for 2011-2012 allocated
$1,214,800 for operations and maintenance of
43
Figure 3.2.1/3.2.2/3.2.3 - Meters
from Salem, San Francisco, and
Boulder, respectively (top to
bottom).
ACT.B Page 64 of 189
its parking facilities; this includes $20,000 for
Republic Parking’s management fee of 1.5% of
net parking revenues and the remainder for ‘out
of pocket’ expenses to operate and maintain its
parking facilities
Location(s): Research Drive Parking Garage, Duke University
(Figure 3.2.4)
Approach: Environmental and parking operation efficiency
best practices
Key Points: • Received 2012 International Parking Institute
Award of Excellence
• Environmentally sensitive design that
incorporates vegetated canopies on the roof,
vegetated walls, and rainwater-collecting cisterns
• Real-time space availability display boards
(spaces available on each level)
• Automated entries and exits and an express
ramp for frequent users using vehicle
identification technology
• Pay stations for payment prior to leaving rather
than payment at exits
Location(s): 123 Baxter Street Garage, New York (Figure
3.2.5)
Approach: Land use and parking operation efficiency
through use of an automatic mechanical parking
system (a la a vending machine)
Key Points: • Entire process for parking or retrieval of a car
takes around 2 minutes
• Occupies less space than conventional garages,
which makes it especially practical for high-
density locations
• One attendant “operates” the entire garage
• Potential inefficient ingress and egress during
periods of overwhelming demand, such as
morning and evening rush hour
• High initial investment
44
Figure 3.2.4 - The Duke
University Research Drive
Parking Garage features (top
to bottom) vegetated rooftop
canopies, space availability
display boards, and pay stations
prior to exiting.
ACT.B Page 65 of 189
• Potential fire code limitations
• Potential for mechanical failure, as some
systems have experienced, trapping vehicles
inside the garage
OPERATIONS – SPECIAL EVENTS
Location(s): River Days, Renton
Approach: Shuttles from off-site parking facilities and
extensive information provided
Key Points: • Complimentary shuttles move people between
off-site parking facilities and the festival
• Information provided online include directions
to parking lots and garages, the free shuttle to
non-downtown parking, and location and timing
of street closures (Figure 3.2.6)
Source(s): “Special Event Parking Basics”, Campus Safety
Magazine
Approach: Parking operation efficiency and safety best
practices
Key Points: • Changing cashier locations accommodates
queues and promote faster entrances and exits
• Payment upon entry prevents bottlenecks at
exits
• Limiting cash transactions reduces delay
• Make multiple entrances and exits available
• Designated pedestrian walkways quickly and
safely move visitors to and from garage
OPERATIONS – RATES, FEES, ENFORCEMENT,
AND FINES
RATES
Location(s): City of Tacoma
Approach: Reinstatement of paid parking, removed
during downtown’s decline in the 1970s,
as on-street parking became increasingly
45
Figure 3.2.5 - New York City’s
first automatic parking garage,
located at 123 Baxter Street.
Figure 3.2.6 - The Renton River
Days website provides clear
parking information.
ACT.B Page 66 of 189
congested again
Key Points: • During the first 6 months of operation (January – June 2011), revenue exceeded
projections by around $60,000 ($364,782.41 vs. $303,510.69)
• Bus pass sales doubled and off-street parking lot occupancy increased to near-capacity
for University of Washington (UW) – Tacoma
FEES
Location(s): City of Kent, City of Olympia, City of Puyallup, City of Renton, City of Tacoma
Approach: Charging for monthly off-street parking
Key Points: • Data includes monthly off-street parking lots and garages owned and/or operated by
the cities and by private parking operators as of February 2013
• The lowest monthly rate for a parking lot was $15, operated by Diamond Parking, and
located next to the marine and Heritage Park Fountain, though several blocks away
from downtown Olympia
• The highest monthly rate for a parking lot was $148, operated by Republic Parking
on behalf of the City of Tacoma, and located next to many businesses, attractions, and a
Sound Transit LINK light rail station
• The unweighted average monthly rate for a parking lot was $56
• The lowest monthly rate for a parking garage was $35, operated by Diamond Parking,
at the downtown Renton transit center
• The highest monthly rate for a parking garage was $164, operated by Republic
Parking on behalf of the City of Tacoma, and located next to several businesses, the
Convention Center, Tacoma Art Museum, UW – Tacoma, and a Sound Transit LINK
light rail station
• The unweighted average monthly rate for a parking garage was $74
ENFORCEMENT
Location(s): City of Chattanooga, TN
Approach: Parking enforcement officers doubling as downtown customer service representatives
(“parking ambassadors”)
Key Points: • Parking ambassador service provided by Republic Parking
• In addition to parking enforcement, parking ambassadors assist people with parking
correctly, give courtesy garage passes to drivers who have experienced difficulty with
parking, provide maps and directions, provide informal security in coordination with
police, and pick up litter (Figure 3.2.7)
46 ACT.B Page 67 of 189
• Newspapers report that parking spaces on
the busiest commercial streets have freed
up considerably since parking ambassador
program implementation
FINES
Location(s): City of Somerville, MA
Approach: Superior customer service for parking permit
and citation processing
Key Points: • Customer service representatives at the
Office of the Parking Clerk consistently
praised for efficiency and pleasantness,
despite only an average rating of 2 out of 5
stars on Yelp
MAINTENANCE
Location(s): City of Chicago, IL
Approach: On-street parking is operated and maintained by
Chicago Parking Meters LLC through a 75-year
concession, which includes price-setting rights
Key Points: • $1.2 billion lump sum paid to the city, but long-
term budget shortfall
• Rapid rise in parking rates
• Increase in inoperable meters
Location(s): City of Tacoma
Approach: Parking operations and maintenance contracted
out to Republic Parking
Key Points: • Republic Parking operates and maintains all
of the city’s 2,500+ off-street parking spaces;
maintenance costs incurred are reimbursed to
Republic Parking as part of the contract
Location(s): City of Vancouver
Approach: • Maintenance of signs, meters, off-street parking
lots and garages is performed by the Parking
Services Division in the Community and
Economic Development Department
47
Figure 3.2.7 - Parking
ambassador in Chattanooga
provides assistance to visitors
as well as enforcing parking
regulations.
ACT.B Page 68 of 189
Key Points: N/A
Location(s): City of West Hollywood, CA
Approach: Off-street parking lots and garages are operated
and maintained by the Parking Services Division
in the Public Works Department
Key Points: • N/A
Location(s): Plymouth State University, Plymouth, NH
Approach: Maintenance of off-street parking lots regularly
scheduled
Key Points: • Text and email reminders to move cars for
subscribers
• Signs at off-street parking lots the day of closure
for maintenance
MARKETING AND COMMUNICATIONS
Location(s): City of Ventura, CA
Approach: Radius map of destinations from main parking
garage
Key Points: • Demonstrates the concept of “park-once” and
visiting multiple destinations
Location(s): City of Denver, CO
Approach: Public Works Department “parking angels”
reward legally parked cars with $5 parking cards
during the holiday season
Key Points: • Caught the attention of multiple news sources
(TV stations, newspapers, online sources)
• Simultaneous with a social media campaign
Location(s): City of Denver, CO
Approach: Parking homepage with street sweeping
reminders and all components of the parking
system front and center
Key Points: • Divided into four user-friendly links: ‘Report
a Problem’ for broken meters, lights, potholes/
48
Figure 3.2.8 - The Denver
parking website features easy-
to-find links for reporting a
problem, purchasing parking
permits, finding public parking,
and paying for citations.
Figure 3.2.9 - New York City
on-street parking signs pre- (left)
and post-redesign (right).
ACT.B Page 69 of 189
MERJE | ENVIRONMENTS & EXPERIENCES 3.3 City of Novato, CA - Wayfinding & Signage Program I WAYFINDING ANALYSIS
DESIGN OPTION 4A
SIGNAGE SYSTEM
City Hall / Multiple Shapes / Novato Red
This option reflects the comments received
by the public.
Design details include:
UÊ>}iÊvÊ
ÌÞÊ>
UÊ ÕÌ«iÊ«>iÊà >«iÃ
UÊ Û>ÌÊ,i`Ê>ÃÊ>VViÌ
UÊVÀ«À>ÌiÃÊÀ}>VÊÃ >«iÊÀ®
UÊ*i`iÃÌÀ>ÊÃ}ÊÀ}>®
UÊ
ÀÊL>>ViÊÀ}>®
*i`iÃÌÀ>Ê Ã*i`iÃÌÀ>ÊÌiÀ«ÀiÌÛi
ÎÊ*>iÊ6>À>ÌÃÊvÀÊ-ÞÃÌi
Vehicular Parking Pedestrian
*i`iÃÌÀ>Ê ÀiVÌ>
NovatoHistory Museum
Downtown
Police
SMARTAtherton Station
Downtown
Redwood Blvd.
Youth Center
Library
Golden GateTransit
Post Office
*>À}Ê-«>Vi ÌÊvÀ>Ì
PARKINGHOUR
9A.M.–6P.M.
EXCEPT SUNDAY
2
Seasonal SignÜÌ ÊV >}i>LiÊ«ÃÌiÀ
->`ÜV Ê >À`®
NOVATO’S
T4TH OF JULYPARADE
FIREWORKSAND
U
hh
NOVATO
*>À}Ê/À>L>âiÀ *>À}Ê`iÌvV>Ì
Front Side
P
NOVATO
Reichert Ave Lot
No Parking 2am–6am
Cars will be towed at owner’s expense
PublicParking
City-wi
d
e
M
a
p
Downtown Map
B
u
l
l
e
t
i
n
B
o
a
r
d
Downtown Novato
/À>L>âiÀ
OptionalPost Application
Side View Back of Sign6i VÕ>ÀÊ ÀiVÌ>
Youth Center
Downtown
Novato
ÀiVÌ>Ê/À>L>âiÀ
with Mileage
2 miles
College
of Marin
Downtown
Novato
SHOPS DINING ARTS
ÃÌÀVÌÊÀÊ i} LÀ `
`iÌvV>Ì
Historic
Downtown
District
NOVATO
sinkholes, and illegally parked cars, ‘Parking
Permits’ for residential and handicap parking
permits, ‘Public Parking’ for where and how
to park, and ‘Tickets and Towing’ for paying
citations, removing boots, and locating a towed
vehicle (Figure 3.2.8)
Location(s): City of New York, NY
Approach: Redesigned parking signs for readability
Key Points: • Fewer signs, less text, and more “white space”
(Figure 3.2.9)
• Former signs were called “a cross between an
Excel spreadsheet and a totem pole” by Janette
Sadik-Khan, Transportation Commissioner
Location(s): City of Novato, CA
Approach: Thematically tied-together signs (Figure 3.2.10)
Key Points: • Parking signage is thematically tie to general car
and pedestrian wayfinding signage
• “Trailblazer” signs directing drivers to parking
are thematically tied to parking facility signage
• On-location parking signage identify the
location and/or name of the lot and basic rules –
and not much else
Location(s): City of Seattle
Approach: • e-Park, a real-time live feed of available
parking spaces in participating parking garages
throughout downtown (Figure 3.2.11)
Key Points: N/A
Location(s): City of Los Angeles, City of San Carlos, City of
San Francisco, CA
Approach: Parker app provides real-time parking availability
information for both on-street parking spaces and
off-street parking spaces in City and privately
owned and/or operated parking lots and garages
Key Points: • Availability is based on information transmitted
from networked wireless sensors at each parking
space
49
Figure 3.2.10 - The proposed
Novato sign program features
parking signs that are
thematically tied to general
wayfinding and other signs in
the city.
Figure 3.2.11 - Seattle’s e-Park
sign boards show available
parking spaces in participating
downtown parking garages.
ACT.B Page 70 of 189
50
• Each wireless sensor is self-powered, requires
4-6 minutes to install, and costs $300/installation
and $120/year in software licensing fees (per USA
Today in a 2011 article)
• App provides a map of parking locations, rates,
and types (time limits) (Figure 3.2.12); allows
for adding inventory to its map database, even
without paying for and installing sensors
• App can search for parking in proximity by
destination and also direct drivers via voice
navigation to the nearest space
Figure 3.2.12 - The Parker
app displays locations and rates
of on- and off-street parking
and real-time availability for
parking spaces equipped with a
networked wireless sensor.
ACT.B Page 71 of 189
4. The Parking Best Practices Toolbox
4.1 – How to Use the Toolbox
The Parking Best Practices Toolbox is a collection of general best practices employed in the provision
of parking, parking demand management, and operations of a parking system. Experiences of other
jurisdictions examined and guiding principles from planning and parking literature drove what best
practices ended up in the toolbox.
The best practices contained herein, however, are not meant to be static; some may be removed and other
may be added to the framework of the toolbox as parking patterns and results from parking research
continue to evolve. In addition, what is a parking best practice generally is not necessarily a parking best
practice specifically applicable to the DUC.
As such, the Parking Best Practices Toolbox has been structured as such:
• Description of the best practice;
• Whether or not the best practice is currently implemented;
• The action proposed for the best practice (continuation, modification, implementation, or no action); and
• Where to find additional information, if available.
In short, the toolbox embodies an at-a-glance evaluation of best practices applicable generally and
specifically, in the CDPMP’s current iteration.
Please turn to the next page for the Parking Best Practices Toolbox (Figure 4.1.1).
51ACT.B Page 72 of 189
Best Practice (BP)Now Action More Information
Commute trip reduction Yes Continue ACC10.02.070
Frequent transit access, citywide/regional Yes Modify
Long-term rec
Comprehensive Transportation Plan
Off-street permit parking Yes Continue
On-street paid parking, conventional meters No No action1 Case study
On-street paid parking, "smart" meters No No action1 Case study
On-street permit parking No Implement Short-term rec
Roadway pricing No No action1
Timed parking Yes Modify
Near-term rec
Long-term rec
Unbundled parking No No action2 Commute Trip Reduction Plan
Elimination of parking minimums No No action3
Establishment of parking maximum Yes Continue ACC18.29.060(H)
Parking lot lighting Yes Continue DUC Design Standards
Parking lot pedestrian connections Yes Continue DUC Design Standards
Parking lot screening Yes Continue DUC Design Standards
Parking over, under, behind, or side of buildings Yes Continue DUC Design Standards
Parking structure screening Yes Continue DUC Design Standards
Parking structure w/ active street frontage Yes Continue DUC Design Standards
Parking structures w/ environmentally-sensitive design Yes Continue DUC Design Standards
Reductions for shared parking Yes Continue ACC18.29.060(H)(3)
Smart growth Yes Continue ACC18.29.010
Parking spillover area planning, downtown-adjacent No Implement
Short-term rec
Long-term rec
Single contact for all City parking matters No Implement Short-term rec
Regular readjustment of current parking practices No Implement Short-term rec
Regular reevaluation of current parking conditions No Implement Short-term rec
Planning for investment in public parking, per supply deficit No Implement
Short-term rec
Case study
Bikeshare No No action5
Carshare No No action5
Downtown valet No No action5
Frequent transit access, around downtown No Implement Long-term rec
Parking ambassadors No Implement
Short-term rec
Case study
Parking policy transparency No Implement
Near-term rec
Case study
Parking shuttle No No action5
Parking structures w/ automated entry/exit and express ramps No No action4 Case study
Parking structures w/ pay-before-leaving pay stations No No action4 Case study
Parking structures w/ real-time space availability displays No No action4 Case study
Planning for special events No Implement
Short-term rec
Case study
Soft enforcement No Implement Short-term rec
Existing Parking Infrastructure - Demand Management
Future Parking Infrastructure - Development Regulations and Design
Organization and Management
Operations
Planning
Investment
52 ACT.B Page 73 of 189
Best Practice (BP)Now Action More Information
Clarity of maintenance roles No No action5
Centralized City parking webpage No Implement
Near-term rec
Case study
Easy-to-read off-street parking signs No Implement
Short-term rec
Case Study
Easy-to-read on-street parking signs No Implement
Near-term rec
Case study
Parker smartphone app No No action6 Case study
Parking alerts, for construction/maintenance No Implement Short-term rec
Positive publicity for parking system No Implement
Short-term rec
Case study
Real-time availability displays, for off-street parking No No action5 Case study
Trailblazer signs No Implement
Short-term rec
Case study
Marketing and Communications
Maintenance
1 Current demand does not warrant best practice; current parking supply is sufficient; citizens not interested in best practice
2 Current transit service levels and development patterns not feasible to expect interest in completely car-free lifestyle
3 Current deisre to address parking impacts of anticipated development; parking minimums are already more generous in the DUC
than in the rest of the City
4 Currently no parking structures are planned
5 Current demand does not warrant best practice; unknown when sufficient demand is anticipated
6 Currently too expensive; not intuitive to use when parking remains available, as in the DUC overall
53
Figure 4.1.1 - The Parking Best Practices Toolbox.
ACT.B Page 74 of 189
54
5. The Parking Action Plan
5.1 – Near-Term Recommendations
Best Practice
5.1.1 Timed parking
Action: Modify
Description: Revise parking time limits for the City’s on- and off-street public parking spaces to 3 hours
throughout the DUC
Pros: • Allows visitors to patronize multiple businesses at a leisurely pace, no matter where they
park
• Reduces the confusion of brought upon by a myriad of time limits and signs, of which
some currently conflict with each other, even on the same street
Cons: • Lacks the nuance of area-specific time limits that would address the various needs for
different types of parking in the DUC
• Additional costs will be incurred to replace signs if redevelopment and increased demand
necessitate area-specific time limits again
• May be more difficult for parking enforcement officers to discern cars parked all day (cars
of commuters and downtown employees, for example)
Best Practice
5.1.2 Parking policy transparency
Action: Implement
Description: Remove all code referencing the City’s on- and off-street parking, create a new parking
database maintained by staff, and insert new code specifying available parking that adopts
the parking database by reference
Pros: • Eliminates code that currently conflicts with on-street parking as-signed/as-marked or is
outdated
• Parking database can be updated administratively
• Parking database can serve double-duty as public information on where to park in the
DUC
Cons: • Parking database would require time to develop
Best Practice
5.1.3 Centralized City parking webpage
Action: Implement
ACT.B Page 75 of 189
Description: Update website to include easy-to-locate map and information for on- and off-street public
and permit parking available in the City (including potentially a ‘Where to Park If This
Area is Full’ feature for areas and lots that experience peak parking occupancy in excess of
85%), pictures of all signs and explanations of what they mean, and better marketing for
the City’s off-street permit parking program
Pros: • Centralizes information for DUC parking
• Provides information for alternative parking options when the desired parking lot or street
is full
• Provides information to help discern whether a parking space is public or permit,
addressing the difficulty of doing so raised in the Downtown Parking Survey
• Relatively easy and inexpensive to implement
Cons: • In itself, may not be the most intuitive tool for finding parking spaces, especially for those
that do not plan ahead or use smartphones
Best Practice
5.1.4 Easy-to-read on-street parking signs
Action: Implement
Description: Design and install easy-to-read signs that identify availability and rules of on-street public
parking
Pros: • Relatively easy and inexpensive to implement
Cons: • Additional costs will be incurred to replace signs if redevelopment and increased demand
necessitate area-specific time limits again
55ACT.B Page 76 of 189
56
5.2 – Short-Term Recommendations (1-5 Years)
Best Practice
5.2.1 On-street permit parking
Action: Modify
Description: Expand and modify residential parking zone beyond D ST NW per demand; begin by
providing 2 free parking permits per single-family residence, duplex unit, or townhouse
unit with less than 2 off-street parking spaces (garage or paved), 1 free parking permit per
single-family residence, duplex, unit, or townhouse unit with 2 or more off-street parking
spaces (garage or paved), and 1 free parking permit per multifamily unit with less than 1
off-street parking space (garage or paved) per unit; charge nominal fee for additional permit
and raise fees as demand necessitates; tailor to each residential parking zone by inventory of
on-street parking supply
Pros: • Provides long-term parking for residents and prevents other cars from parking all day in
spaces convenient and valuable to residents, thereby encouraging downtown employees and
commuters to obtain off-street parking permits
• Free permits to a certain extent is more or less in line with the overwhelming Downtown
Parking Survey response of not having to pay for parking
• Reinforces a “customer-first” ethic amongst downtown employees who choose to park on-
street all day by providing impetus to purchase an off-street parking permit
Cons: • Past opposition has stalled implementation of residential parking zones in areas just
beyond the DUC
Best Practice
5.2.2 Parking spillover area planning, downtown adjacent
Action: Implement
Description: Consider areas expected to experience impacts from DUC parking, even if not technically
located within the DUC
Pros: • Addresses potential parking spillover impacts from the DUC so that parking problems are
not simply shifted away from the DUC into surrounding areas
Cons: • Past opposition has stalled implementation of residential parking zones in areas just
beyond the DUC
Best Practice
5.2.3 Single contact for all City parking matters
Action: Implement
Description: Designate one department or division that is the single contact for all parking-related
matters in the City, despite whatever the organizational structure is behind-the-scenes
ACT.B Page 77 of 189
57
Pros: • Reduces confusion of who is in charge of parking in the City and increases transparency,
as perceived by the public; is a more user-friendly approach to interactions with the public
Cons: • N/A
Best Practice
5.2.4 Regular readjustment of current parking practices
Action: Implement
Description: Adjust permit rates, time limits, residential permit zones, etc. to respond to current parking
conditions in the DUC at least every 5th year in the parking planning cycle
Pros: • Responds to current parking conditions in the DUC, implements current parking best
practices for the City, and modifies or eliminates failing parking policies
Cons: • Additional costs will be incurred if additional consultation and staffing from private
parking consultants are required for implementation rather than City staff alone
Best Practice
5.2.5 Regular reevaluation of current parking conditions
Action: Implement
Description: Evaluate supply and demand of parking in the DUC at peak weekday hours (11am-2pm)
every year, comprehensively every 4th year in the parking planning cycle
Pros: • Evaluates current parking conditions in the DUC to guide implementation of current
parking best practices for the City and modification or elimination of failing parking
policies
Cons: • Additional costs will be incurred if additional consultation and staffing from private
parking consultants are required for implementation rather than City staff alone
Best Practice
5.2.6 Planning for investment in public parking, per supply deficit
Action: Implement
Description: Evaluate funding options, existing and potential overflow from Auburn Transit Center,
and implement a multi-faceted plan to finance additional public parking, per supply deficit
observed
Pros: • Addresses potential public parking supply deficit identified by the CDPMP
• Reduces risk with diversity of funding options utilized
Cons: • Does not consider measures to reduce parking demand and congestion in problem areas of
downtown without expanding the physical infrastructure of public parking
ACT.B Page 78 of 189
58
Best Practice
5.2.7 Parking ambassadors
Action: Implement
Description: Assign parking ambassador responsibilities to existing parking enforcement and downtown
patrol officers, including provision of information (and informal safety by parking
enforcement officers)
Pros: • Generates goodwill
• Reinforces a “customer-first” ethic by pointing people in the right direction in terms
of destinations and parking in the DUC, including alternative parking options when the
desired parking lot or street is full
• Decentralizes the delivery of information centralized at the City’s Permit Center and
website
• Provides additional transparency to parking policies
• Diversifies the role of existing parking enforcement officers
Cons: • Requires coordination between multiple departments and divisions and relies on one
representative to convey each department or division’s respective parking policies
• Additional costs will be incurred if additional consultation and staffing from private
parking operators are required for implementation
Best Practice
5.2.8 Planning for special events
Action: Implement
Description: Require organizers to designate event parking, distribute information for event parking,
make multiple exits available, and establish pedestrian paths
Pros: • Addresses difficulties experienced during event parking, as expressed in responses from
the Downtown Parking Survey
• Addresses potential parking spillover impacts from the DUC so that parking problems
from special events are not simply shifted away from the DUC into surrounding areas
• Generates goodwill with efficient organization of special events
Cons: • N/A
Best Practice
5.2.9 Soft enforcement
Action: Implement
ACT.B Page 79 of 189
59
Description: Develop and implement 3-strikes parking enforcement policy wherein the first 2 strikes
consist of dismissible tickets and education on where to park
Pros: • Generates good will
• Allows those genuinely unfamiliar with downtown parking an opportunity to park
“correctly”
• Reinforces a “customer-first” ethic amongst downtown employees who choose to park on-
street all day by providing impetus to purchase an off-street parking permit
Cons: • Off-street permit parking demand already exceeds supply
• May shift cars to unlimited time on-street parking on residential streets beyond the DUC
Best Practice
5.2.10 Easy-to-read off-street parking signs
Action: Modify
Description: Design and install easy-to-read signs that identify availability of off-street public parking,
identifier/location of off-street parking lot, and alternative parking options
Pros: • Relatively easy and inexpensive to implement
• Reduces perceived last mile when off-street parking lot is easy to identify and remember
• Reduces parking demand and congestion in problem areas of downtown without
expanding physical infrastructure of parking by shifting demand to underutilized off-street
parking lots
Cons: • May work too well, shifting parking supply problems to formerly underutilized off-street
parking lots
Best Practice
5.2.11 Parking alerts, for construction/maintenance
Action: Implement
Description: Alert interested parties and drivers through the City’s website, emails, text alerts, and pre-
closure on-location signage so that they are not caught off-guard when regularly available
parking becomes unavailable
Pros: • Provides additional transparency to parking availability
• Allows people to plan for alternative parking and/or transportation options
• Decentralizes the delivery of information centralized at the City’s Permit Center and
website (through text alerts and on-location signage)
• Utilizes existing City communication channels (website and construction notices)
ACT.B Page 80 of 189
60
Cons: • Additional costs will be incurred if additional technological resources are required (text
alerts)
• May become unwanted information overload if implemented incorrectly
Best Practice
5.2.12 Trailblazer signs
Action: Implement
Description: Direct drivers to available off-street parking
Pros: • Decentralizes the delivery of information centralized at the City’s Permit Center and
website
• Relatively easy and inexpensive to implement
Cons: • May work too well, shifting parking supply problems exclusively to off-street parking lots
• Additional costs will be incurred to replace signs if comprehensive downtown signage
program is implemented in the future
ACT.B Page 81 of 189
61
5.3 – Long-Term Recommendations (6-10 Years)
Best Practice
5.3.1 Frequent transit access, citywide/regional
Action: Modify
Description: Evaluate demand and petition for demand-appropriate reductions to current 30-minute
headways and expansion of evening service
Pros: • Reduces parking demand and congestion by making trips to and from downtown more
enticing and feasible, without expanding physical infrastructure of parking
• Expands the customer base for the DUC
• Responds to anticipated growth in demand required to support increase from current
levels of transit access
Cons: • May be difficult for buy-in from cash-strapped transit agencies
Best Practice
5.3.2 Timed parking
Action: Modify
Description: Revise parking time limits for the City’s on- and off-street public parking spaces to area-
specific time limits as-needed
Pros: • Provides nuanced time limits that address various needs for different types of parking in
the DUC, especially areas with high peak occupancy
• Increases the ultimate number of visitors to the DUC by increasing turnover
Cons: • May increase confusion brought upon by a myriad of time limits and signs
• Additional costs will be incurred to replace existing 3-hour time-limit signs
Best Practice
5.3.3 Parking spillover area planning, downtown adjacent
Action: Implement
Description: Continue to consider areas expected to experience impacts from DUC parking, even if not
technically located within the DUC
Pros: • Addresses potential parking spillover impacts from the DUC so that parking problems are
not simply shifted away from the DUC into surrounding areas
• May be easier to implement in the long-term as potential parking spillover impacts from
the DUC become more identifiable
ACT.B Page 82 of 189
62
Cons: • Past opposition has stalled implementation of residential parking zones in areas just
beyond the DUC
Best Practice
5.3.4 Frequent transit access, around downtown
Action: Implement
Description: Evaluate demand and petition for demand-appropriate reductions to current 30-minute and
1-hour headways, expansion of service area by rerouting, and expansion of evening service
Pros: • Reduces parking demand and congestion in problem areas of downtown by reducing the
last mile between parking space and destination, without expanding physical infrastructure
of parking
• Responds to anticipated growth in demand required to support increase from current
levels of transit access
Cons: • May be difficult for buy-in from cash-strapped transit agencies
• Additional costs will be incurred if additional consultation and staffing from private
paratransit operators for implementation is required
ACT.B Page 83 of 189
Potential Parking Spillover Areas (PPSA's)
Printed Date:
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
7/9/2012*Potential Parking Spillover Areas (PPSA’s) are areas within .25 miles from the edges of the
Downtown Urban Center (DUC) and Business Improvement Area (BIA), whose boundaries
delineate downtown Auburn. Availability of on-street public parking in PPSA’s is potentially
impacted by spillover parking demand generated from downtown Auburn and/or large
businesses, institutions, public gathering places, and other parking-generating uses within the
PPSA itself.
Downtown Urban Center (DUC) &
Business Improvement Area (BIA)
Potential Parking Spillover Area*
(PPSA)
Appendix AACT.B Page 84 of 189
AGENDA BILL APPROVAL FORM
Agenda Subject:
Kent School District Impact Fees
Date:
January 6, 2014
Department:
Finance
Attachments:
KSD Impact Fees
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
Annual Report of City of Auburn Impact Fee Expenditures for the Kent School District for
the 2012-2013 School Year.
Reviewed by Council Committees:
Planning And Community Development
Councilmember:Wales Staff:Coleman
Meeting Date:January 13, 2014 Item Number:DI.A
AUBURN * MORE THAN YOU IMAGINEDDI.A Page 85 of 189
DI.A Page 86 of 189
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5013
Date:
December 30, 2013
Department:
Public Works
Attachments:
Resolution No. 5013
Ordinance No. 6491
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
Resolution No. 5013 sets the date of the public hearing for Franchise Agreement No.
13-37 for T-Mobile West LLC for February 3, 2014 at 7:30 pm in the Council
Chambers.
Franchise Agreement No. 13-37, Draft Ordinance No. 6491 is attached as back up
documentation for Resolution No. 5013. Per Auburn City Code Chapter 20.06.010, a
franchise shall be required of any commercial utility or telecommunications operator or
carrier or other person who desires to occupy public ways of the city and to provide
telecommunications or commercial utility services to any person or area in the city.
T-Mobile West LLC has applied for a Franchise Agreement for wireless
telecommunications facilities that are currently in the City’s rights of way on the west
hill. These facilities were originally installed under a Right of Way Use Agreement with
King County prior to the area being annexed into the City. This agreement will bring T-
Mobile into compliance with City Code and allow them to obtain construction permits so
that they can make repairs, upgrades and improvements to existing facilities. All
construction permits would be reviewed, approved and managed through the City’s
permitting processes that are a requirement of the Franchise Agreement. At this time T-
Mobile does not intend to install any new facility sites in Auburn. Any new sites would
require a review through City processes and an amendment to the franchise agreement.
Reviewed by Council Committees:
AUBURN * MORE THAN YOU IMAGINEDDI.B Page 87 of 189
Planning And Community Development, Public Works
Councilmember:Osborne Staff:Mund
Meeting Date:January 13, 2014 Item Number:DI.B
AUBURN * MORE THAN YOU IMAGINEDDI.B Page 88 of 189
----------------------------
Resolution No. 5013
Franchise Agreement No. 13-37
November 13, 2013
Page 1 of 2
RESOLUTION NO. 5013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, SETTING A PUBLIC HEARING
TO CONSIDER A FRANCHISE AGREEMENT WITH T-
MOBILE WEST LLC
WHEREAS, T-Mobile West LLC has applied to the City for a non-exclusive
Franchise Agreement for the right of entry, use, and occupation of certain public rights-of-
way within the City of Auburn, expressly to install, construct, erect, operate, maintain,
repair, relocate and remove its facilities in, on, upon, along and/or across those right(s)-of-
way; and
WHEREAS, the Public Works Committee of the Auburn City Council has reviewed
T-Mobile West’s application materials, and, pursuant to ACC 20.06.040, the Public Works
Committee has recommended to the City Council that it schedule a public hearing on the
application; and
WHEREAS, the City Council agrees with the recommendation of the Public Works
Committee,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That a hearing on the application by T-Mobile West LLC for a
Franchise Agreement with the City of Auburn is hereby set for 7:30 p.m. on the 3rd day of
February, 2014, at the City Council Chambers at 25 West Main Street, Auburn,
Washington, 98001, with all persons wishing to speak to the application at the public
hearing being invited to attend.
DI.B Page 89 of 189
----------------------------
Resolution No. 5013
Franchise Agreement No. 13-37
November 13, 2013
Page 2 of 2
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation, including
posting notice of such public hearing as required by State law and City Ordinance.
Section 3. This Resolution shall be in full force in effect upon passage and
signatures hereon.
DATED and SIGNED this day of , 2014.
CITY OF AUBURN
______________________________________
Nancy Backus
Mayor
Attest:
___________________________________
Danielle E. Daskam, City Clerk
Approved as to Form:
_____________________________
Daniel B. Heid, City Attorney
DI.B Page 90 of 189
------------------------------
Ordinance No. 6491
Franchise Agreement No. 13-37
September 24, 2013
Page 1 of 15
ORDINANCE NO. 6491
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING TO
T-MOBILE WEST LLC, A DELAWARE LIMITED
LIABILITY COMPANY, A FRANCHISE FOR
TELECOMMUNICATIONS
WHEREAS, T-Mobile West LLC, a Delaware limited liability
company(“Grantee”) has applied to the City of Auburn (“City”) for a non-exclusive
Franchise for the right of entry, use, and occupation of certain public right(s)-of-
way within the City, expressly to install, construct, erect, operate, maintain,
modify, repair, relocate and remove its facilities in, on, over, under, along and/or
across those right(s)-of-way (“Franchise”); and
WHEREAS, with respect to some of these facilities, they were previously
installed the public rights of ways with the permission of King County, which
managed those right(s)-of-way prior to the annexation of those rights of way into
the City of Auburn; and
WHEREAS, following proper notice, the City Council held a public hearing on
Grantee’s request for a Franchise, at which time representatives of Grantee and
interested citizens were heard in a full public proceeding affording opportunity for
comment by any and all persons desiring to be heard; and
WHEREAS, with respect to those facilities previously installed by
authorization of King County, this agreement supersedes and replaces all
agreements between Grantee and King County; and
WHEREAS, based upon the foregoing recital clauses, and from
information presented at such public hearing, and from facts and circumstances
developed or discovered through independent study and investigation, the City
Council in compliance with RCW 35.99 now deems it appropriate and in the best
interest of the City and its inhabitants that the franchise be granted to Grantee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, DO ORDAIN as follows:
Section 1. Grant of Right to Use Franchise Area
A. Subject to the terms and conditions stated herein, pursuant to RCW
35.99 the City grants to the Grantee general permission to enter, use, and
occupy the public right(s)-of-way of the City. However, Grantee shall not extend
its occupation of the public rights of way beyond the two facilities that presently
DI.B Page 91 of 189
------------------------------
Ordinance No. 6491
Franchise Agreement No. 13-37
September 24, 2013
Page 2 of 15
occupy the rights of way as specified in Exhibit “A”, attached hereto and
incorporated by reference (the “Franchise Area”), without having first obtained an
amendment to this agreement and site specific permits from the City authorizing
Grantee to install telecommunications equipment at such other locations than
specified in Exhibit “A”.
B. This Franchise does not authorize the use of the public rights of
ways for any facilities or services other than for wireless telecommunications
facilities.
C. This Franchise is non-exclusive and does not prohibit the City from
entering into other agreements, including Franchises, impacting the Franchise
Area, unless the City determines that entering into such agreements interferes
with Grantee’s rights set forth herein.
D. Except as explicitly set forth herein, this Franchise does not waive
any rights that the City has or may hereafter acquire with respect to City rights-of-
way. This Franchise shall be subject to the power of eminent domain, and in any
proceeding under eminent domain. Grantee acknowledges that the City has the
power of eminent domain and that Grantee’s remedies in the event of the
exercise of such power are set forth in RCW 35.99 and other applicable law.
E. The City reserves the right to change, regrade, relocate, abandon,
or vacate any public right-of-way. If, at any time during the term of this
Franchise, the City vacates any portion of the rights of way containing Grantee
Facilities, the City shall reserve an easement for public utilities within that
vacated portion, pursuant to RCW 35.79.030, within which the Grantee may
continue to operate any existing Grantee Facilities under the terms of this
Franchise for the remaining period set forth under Section 3.
F. The Grantee agrees that its use of the Franchise Area shall at all
times be subordinated to and subject to the City and the public’s need for
municipal infrastructure, travel, and access to the Franchise Area, except as may
be otherwise required by law.
Section 2. Notice
A. Except as defined in the respective filing and emergency work
provisions of Sections 5 and 7 herein, all notices, requests, demands and other
communications shall be in writing and are effective three (3) days after deposit
in the U.S. mail, certified and postage paid, or upon receipt if personally delivered
or sent by next-business-day delivery via a nationally recognized overnight
courier to the addresses set forth below. City or Grantee may from time to time
DI.B Page 92 of 189
------------------------------
Ordinance No. 6491
Franchise Agreement No. 13-37
September 24, 2013
Page 3 of 15
designate any other address for this purpose by providing written notice to the
other party effective thirty (30) days after the provision thereof.
City: City of Auburn
Engineering Aide, Transportation
25 West Main Street
Auburn, WA 98001-4998
Telephone: (253) 931-3010; Fax: (253) 931-3048
with a copy to: City Clerk
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Grantee: T-Mobile USA, Inc.
12920 SE 38th Street
Bellevue, WA 98006
Attention: Lease Compliance/ City of Auburn Franchise
B. Any changes to the above-stated Grantee information shall be sent
to the City, referencing the title of this agreement.
C. The above-stated voice and fax telephone numbers shall be staffed
at least during normal business hours, Pacific time zone.
Section 3. Term of Agreement
A. This Franchise shall run for a period of five (5) years, from the date
of execution specified in Section 5.
B. Renewal Option of Term: The Grantee may renew this Franchise
for an additional five (5) year period upon submission and approval of the
application specified under ACC 20.06.130, as it now exists or is amended,
within the timeframe set forth therein (currently 240 to 180 days prior to
expiration of the then-current term), which approval shall not be unreasonably
withheld, conditioned or delayed. Any materials submitted by the Grantee for a
previous application may be considered by the City in reviewing a current
application, and the Grantee shall only submit those materials reasonably
deemed necessary by the City to address changes in the Grantee Facilities or
Grantee Services, or to reflect specific reporting periods mandated by the ACC.
DI.B Page 93 of 189
------------------------------
Ordinance No. 6491
Franchise Agreement No. 13-37
September 24, 2013
Page 4 of 15
C. Failure to Renew Franchise – Automatic Extension. If the Parties
fail to formally renew this Franchise prior to the expiration of its term or any
extension thereof, the Franchise automatically continues month to month until
renewed or until either party gives written notice at least one hundred eighty
(180) days in advance of the intent not to renew the Franchise.
Section 4. Definitions
For the purpose of this agreement:
“ACC” means the Auburn City Code.
"Emergency" means a condition of imminent danger to the health, safety and
welfare of persons or property located within the City including, without limitation,
damage to persons or property from natural consequences, such as storms,
earthquakes, riots, acts of terrorism or wars.
“Maintenance or Maintain” shall mean examining, testing, inspecting, repairing,
maintaining, modifying and/or replacing the existing Grantee Facilities or any part
thereof as required and necessary for safe operation.
“Relocation” means permanent movement of Grantee facilities required by the
City, and not temporary or incidental movement of such facilities, or other
revisions Grantee would accomplish and charge to third parties without regard to
municipal request.
“Rights-of-Way” means the surface and the space above and below streets,
roadways, highways, avenues, courts, lanes, alleys, sidewalks, and easements,
owned or controlled by the City.
Section 5. Acceptance of Franchise
A. This Franchise, and any rights granted hereunder, shall not
become effective for any purpose unless and until Grantee files with the City
Clerk (1) the Statement of Acceptance, attached hereto as Exhibit “D,” and
incorporated by reference, (2) all verifications of insurance coverage specified
under Section 15, and (3) the financial guarantees specified in Section 16
(collectively, “Franchise Acceptance”). The date that such Franchise Acceptance
is filed with the City Clerk shall be the effective date of this Franchise.
B. Should the Grantee fail to file the Franchise Acceptance with the
City Clerk within thirty (30) days after the effective date of the ordinance
approving the Franchise, the City’s grant of the Franchise will be null and void.
DI.B Page 94 of 189
------------------------------
Ordinance No. 6491
Franchise Agreement No. 13-37
September 24, 2013
Page 5 of 15
Section 6. Construction and Maintenance
A. The Grantee shall apply for, obtain, and comply with the terms of all
permits required under ACC Chapter 12.24 for any work done upon Grantee
Facilities. Grantee shall comply with all applicable City, State, and Federal
codes, rules, regulations, and orders in undertaking such work, which shall be
done in a thorough and proficient manner.
B. Grantee agrees to coordinate its activities with the City and all other
utilities located within the public right-of-way within which Grantee is undertaking
its activity.
C. The City expressly reserves the right to prescribe how and where
Grantee Facilities shall be installed within the public right-of-way and may from
time to time, pursuant to the applicable sections of this Franchise, require the
removal, relocation and/or replacement thereof in the public interest and safety in
compliance with applicable law.
D. Before commencing any work involving excavation within the public
right-of-way, the Grantee shall comply with the One Number Locator provisions
of RCW Chapter 19.122 to identify existing utility infrastructure.
E. Tree Trimming. Upon prior written approval of the City and in
accordance with City ordinances, Grantee shall have the authority to reasonably
trim trees upon and overhanging streets, public rights-of-way, and places in the
Franchise Area so as to prevent the branches of such trees from coming in
physical contact with the Grantee Facilities. Grantee shall be responsible for
debris removal from such activities. If such debris is not removed within twenty-
four (24) hours of completion of the trimming, the City may, at its sole discretion,
remove such debris and charge Grantee for the cost thereof. This section does
not, in any instance, grant automatic authority to clear vegetation for purposes of
providing a clear path for radio signals. Any such general vegetation clearing will
require an additional and separate approval from the City.
Section 7. Access, Repair and Emergency Work
In the event of an emergency, the Grantee may commence such repair
and emergency response work as required under the circumstances, provided
that the Grantee shall notify the City telephonically during normal business hours
(at 253-931-3010 and during non-business hours at 253-876-1985) as promptly
as possible, before such repair or emergency work commences, and in writing as
soon thereafter as possible. Such notification shall include the Grantee’s
emergency contact phone number for the corresponding response activity. For
DI.B Page 95 of 189
------------------------------
Ordinance No. 6491
Franchise Agreement No. 13-37
September 24, 2013
Page 6 of 15
any emergency or after normal business hour issues involving the Grantee’s
facilities which requires the Grantee’s immediate response the City shall contact
the Grantee at their network operations center telephonically at 888-662-4662,
which is operated 24 hours a day, seven days a week. The City may commence
emergency response work, at any time, without prior written notice to the
Grantee, but shall notify the Grantee in writing as promptly as possible under the
circumstances of the nature of the emergency and the actions taken to address
it.
Section 8. Damages to City and Third-Party Property
Grantee agrees that if any of its actions under this Franchise impairs or
damages any City property, survey monument, or property owned by a third-
party, Grantee will restore, at its own cost and expense, said property to a safe
condition. Such repair work shall be performed and completed pursuant to City
Code..
Section 9. Location Preference and Interference
A. Any structure, equipment, appurtenance or tangible property of a
utility, other than the Grantee’s, which was installed, constructed, completed or in
place prior in time to Grantee’s application for a permit to construct or repair
Grantee Facilities under this Franchise shall have preference as to positioning
and location with respect to the Grantee Facilities. However, to the extent that
the Grantee Facilities are completed and installed prior to another utility’s
submittal of a permit for new or additional structures, equipment, appurtenances
or tangible property, then the Grantee Facilities shall have such priority. These
rules governing preference shall continue in the event of the necessity of
relocating or changing the grade of any City road or right-of-way. A relocating
utility shall not necessitate the relocation of another utility that otherwise would
not require relocation. This Section shall not apply to any City facilities or utilities
that may in the future require the relocation of Grantee Facilities. Such
relocations shall be governed by Section 11.
B. Grantee shall maintain a minimum underground horizontal
separation of five (5) feet from City water facilities and ten (10) feet from above-
ground City water facilities; provided, that for development of new areas, the City,
in consultation with Grantee and other utility purveyors or authorized users of the
Public Way, will develop guidelines and procedures for determining specific utility
locations.
Section 10. Grantee Information
A. Grantee agrees to supply, at no cost to the City, any information
reasonably requested by the City to coordinate municipal functions with
DI.B Page 96 of 189
------------------------------
Ordinance No. 6491
Franchise Agreement No. 13-37
September 24, 2013
Page 7 of 15
Grantee’s activities and fulfill any municipal obligations under state law. Said
information shall include, at a minimum, as-built drawings of Grantee Facilities,
installation inventory, and maps and plans showing the location of existing or
planned facilities within the Rights-of-Way. Said information may be requested
either in hard copy or electronic format, compatible with the City’s data base
system, as now or hereinafter existing, including the City’s geographic
information Service (GIS) data base. Grantee shall keep the City informed of its
long-range plans for coordination with the City’s long-range plans.
B. The parties understand that Washington law limits the ability of the
City to shield from public disclosure any information given to the City.
Accordingly, the City agrees to notify the Grantee of requests for public records
related to the Grantee, and to give the Grantee a reasonable amount of time to
obtain an injunction to prohibit the City’s release of records.
C. Grantee shall indemnify and hold harmless the City for any loss or
liability for fines, penalties, and costs (including attorneys fees) imposed on the
City because of non-disclosures requested by Grantee under Washington’s open
public records act, provided the City has notified Grantee of the pending request
and has given Grantee ten working days to obtain an injunction to prohibit the
City’s release of records.
Section 11. Relocation of Grantee Facilities
A. Except as otherwise so required by law, Grantee agrees to
relocate, remove, or reroute its facilities as ordered by the City Engineer at no
expense or liability to the City, except as may be required by RCW Chapter 35.99
in the event the Franchise Area is required for use by the City in performance of
its municipal services. In such event, City will give Grantee prior written notice of
the need for such relocation of the Franchise Area. Notwithstanding the foregoing
however, and pursuant to the provisions of Section 14, Grantee agrees to protect
and save harmless the City from any customer or third-party claims for service
interruption or other similar losses in connection with any such change,
relocation, abandonment, or vacation of the right-of-way(s).
B. If a readjustment or relocation of the Grantee Facilities is
necessitated by a request from a party other than the City, that party shall pay
the Grantee the actual costs thereof.
Section 12. Abandonment and or Removal of Grantee Facilities
A. Within one hundred and eighty days (180) of Grantee’s permanent
cessation of use of the Grantee Facilities, or any portion thereof, the Grantee
shall, at the City’s discretion, remove the affected facilities, or, with the City’s
DI.B Page 97 of 189
------------------------------
Ordinance No. 6491
Franchise Agreement No. 13-37
September 24, 2013
Page 8 of 15
written permission, abandon in place such facilities whereupon they will transfer
to the City in their AS IS and WHERE IS condition without need of execution of
any further documentation formalizing the transfer, and without representation or
warranty of any kind or nature provided the Grantee shall provide to the City
drawings, maps or other documentation about said facilities to the reasonable
satisfaction of the City. Following such transfer, Grantee shall no longer be
responsible for any liability, maintenance, repair or removal obligations related to
or arising from the transferred facilities.
B. The parties expressly agree that this Section shall survive the
expiration, revocation or termination of this Franchise.
Section 13. Undergrounding
A. The parties agree that this Franchise does not limit the City’s
authority under federal law, state law, or local ordinance, to require the
undergrounding of utilities that can be installed underground.
B. Whenever the City requires the undergrounding of aerial utilities in
the Franchise Area, the Grantee shall underground those portions of Grantee
Facilities that can be installed underground in the manner specified by the City
Engineer at no expense or liability to the City, except as may be required by
RCW Chapter 35.99 or other applicable law. Where other utilities are present
and involved in the undergrounding project, Grantee shall only be required to pay
its fair share of common costs borne by all utilities it utilizes, in addition to the
costs specifically attributable to the undergrounding of Grantee Facilities.
Common costs shall include necessary costs for common trenching and utility
vaults. Fair share shall be determined in comparison to the total number and
size of all other utility facilities being undergrounded and the use thereof by all
applicable parties
Section 14. Indemnification and Hold Harmless
A. The Grantee shall defend, indemnify, and hold the City and its
officers, officials, agents, employees, and volunteers harmless from any and all
costs, claims, injuries, damages, losses, suits, or liabilities of any nature including
attorneys’ fees to the extent caused by Grantee’s performance under this
Franchise, except to the extent such costs, claims, injuries, damages, losses,
suits, or liabilities are caused by the negligence of the City, its agents,
contractors, employees or invitees. Should a court of competent jurisdiction
determine that this Agreement is subject to RCW 4.24.115, then, in the event of
liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Grantee and the
DI.B Page 98 of 189
------------------------------
Ordinance No. 6491
Franchise Agreement No. 13-37
September 24, 2013
Page 9 of 15
City, its officers, officials, employees, and volunteers, the Grantee’s liability
hereunder shall be only to the extent of the Grantee's negligence.
B. The Grantee shall hold the City harmless from any liability for any
damage or loss to the Grantee Facilities caused by maintenance and/or
construction work performed by, or on behalf of, the City within the Franchise
Area or any other City road, right-of-way, or other property, except to the extent
any such damage or loss is directly caused by the negligence or intentional
misconduct of the City, its agents, contractors, employees or invitees performing
such work.
C. The Grantee acknowledges that neither the City nor any other
public agency with responsibility for firefighting, emergency rescue, public safety
or similar duties within the City has the capability to provide trench, close trench
or confined space rescue. The Grantee, and its agents, assigns, successors, or
contractors, shall make such arrangements as Grantee deems fit for the
provision of such services. The Grantee shall hold the City harmless from any
liability arising out of or in connection with any damage or loss to the Grantee for
the City’s failure or inability to provide such services, and, pursuant to the terms
of Section 14(A), the Grantee shall indemnify the City against any and all third-
party costs, claims, injuries, damages, losses, suits, or liabilities based on the
City’s failure or inability to provide such services.
D. Acceptance by the City of any work performed by the Grantee shall
not be grounds for avoidance of this section.
E. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Grantee’s waiver of immunity
under Industrial Insurance, Title 51 RCW , solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The
provisions of this section shall survive the expiration or termination of this
agreement with respect to acts or events occurring prior thereto.
Section 15. Insurance
A. The Grantee shall procure and maintain for the duration of this
Franchise, insurance against claims for injuries to persons or damage to property
which may arise from or in connection with the performance of the work
hereunder by the Grantee, its agents, representatives, or employees in the
amounts and types set forth below:
1. Automobile Liability insurance covering all owned, non-
owned, hired, and leased vehicles with a minimum combined single limit for
DI.B Page 99 of 189
------------------------------
Ordinance No. 6491
Franchise Agreement No. 13-37
September 24, 2013
Page 10 of 15
bodily injury and property damage of $1,000,000 per accident. Coverage shall
be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed
to provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate and a
$1,000,000 products-completed operations aggregate limit. Coverage shall be
written on ISO occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed operations,
stop gap liability, and personal injury liability assumed under an insured contract.
The Commercial General Liability insurance shall be endorsed to provide the
Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be
no endorsement or modification of the Commercial General Liability insurance for
liability arising from explosion, collapse, or underground property damage. The
City shall be named as an additional insured under the Grantee’s Commercial
General Liability insurance policy with respect to the work performed under this
Franchise using ISO Additional Insured Endorsement CG 20 10 10 01 and
Additional Insured-Completed Operations endorsement CG 20 37 10 01 or
substitute endorsements providing equivalent coverage.
3. Professional Liability insurance with limits no less than
$1,000,000 per claim carried by all licensed professionals employed or retained
by Grantee to perform services under this Franchise.
4. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
B. The insurance policies are to contain, or be endorsed to contain,
the following provisions for Automobile Liability, Professional Liability, and
Commercial General Liability insurance:
1. The Grantee’s insurance coverage shall be primary
insurance with respect to claims alleging Grantee’s negligence. Any insurance,
self-insurance, or insurance pool coverage maintained by the City shall be in
excess of the Grantee’s insurance and shall not contribute with it.
2. The Grantee’s insurance shall be endorsed to state that
coverage shall not be cancelled by either party except after thirty (30) days’ prior
written notice by certified mail, return receipt requested, has been given to the
City.
C. Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best rating of not less than A-:VII.
DI.B Page 100 of 189
------------------------------
Ordinance No. 6491
Franchise Agreement No. 13-37
September 24, 2013
Page 11 of 15
D. Verification of Coverage. Grantee shall furnish the City with
documentation of insurer’s A.M. Best rating and with original certificates and a
copy of amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the
Consultant before commencement of the work.
E. Grantee shall have the right to self-insure any or all of the above-
required insurance. Any such self insurance is subject to approval by the City.
F. Grantee’s maintenance of insurance as required by this Franchise
shall not be construed to limit the liability of Grantee to the coverage provided by
such insurance, or otherwise limit the City’s recourse to any remedy to which the
City is otherwise entitled at law or in equity.
Section 16. Performance Security
The Grantee shall provide the City with a bond, or other financial guarantee in a
form and substance reasonably acceptable to the City, in the amount of Fifty
Thousand Dollars ($50,000) running for, or renewable for, the term of this
Franchise. In the event Grantee shall fail to substantially comply with any one or
more of the provisions of this agreement within the applicable cure or grace
period, then there shall be recovered jointly and severally from the principal and
any surety of such financial guarantee any damages suffered by City as a direct
result thereof, including but not limited to staff time, material and equipment
costs, compensation or indemnification of third parties, and the cost of removal or
abandonment of facilities hereinabove described. Grantee specifically agrees
that its failure to comply with the terms of Section 19 shall constitute damage to
the City in the monetary amount set forth therein. Such a financial guarantee
shall not be construed to limit the Grantee’s liability to the guarantee amount, or
otherwise limit the City’s recourse to any remedy to which the City is otherwise
entitled at law or in equity.
Section 17. Successors and Assignees
A. All the provisions, conditions, regulations and requirements herein
contained shall be binding upon the successors, assigns of, and independent
contractors of the Grantee, and all rights and privileges, as well as all obligations
and liabilities of the Grantee shall inure to its successors, assignees and
contractors equally as if they were specifically mentioned herein wherever the
Grantee is mentioned.
B. This Franchise shall not be leased, assigned or otherwise alienated
without the express prior consent of the City by ordinance. The foregoing
DI.B Page 101 of 189
------------------------------
Ordinance No. 6491
Franchise Agreement No. 13-37
September 24, 2013
Page 12 of 15
notwithstanding, Grantee may assign this Franchise in whole or in part without
the need for the City’s consent to any entity that controls, is controlled by, or is
under common control with Grantee, or to any entity resulting from any merger or
consolidation with Grantee, or to any partner of Grantee or to any partnership in
which Grantee is a general partner, or to any person or entity that acquires all of
the assets of Tenant as a going concern.
C. For any assignment requiring City consent, Grantee and any
proposed assignee or transferee shall provide and certify the following to the City
not less than sixty (60) days after the proposed date of transfer: (a) Complete
information setting forth the nature, term and conditions of the proposed
assignment or transfer (redacted for any financial terms); (b) All information
reasonably required by the City of an applicant for a Franchise with respect to the
proposed assignee or transferee; and, (c) An application fee which shall be set
by the City, plus any other costs actually and reasonably incurred by the City in
processing, and investigating the proposed assignment or transfer.
D. Prior to the City’s consideration of a request by Grantee to consent
to a Franchise assignment or transfer, the proposed Assignee or Transferee shall
file with the City a written promise to unconditionally accept all terms of the
Franchise, effective upon such transfer or assignment of the Franchise. The City
is under no obligation to undertake any investigation of the transferor’s state of
compliance and failure of the City to insist on full compliance prior to transfer
does not waive any right to insist on full compliance thereafter.
E. Upon assignment, Grantee shall be relieved of all liabilities and
obligations hereunder accruing thereafter and City shall look solely to the
assignee for performance under this agreement and all such obligations accruing
thereafter hereunder provided such assignee accepts all such obligations in
writing within thirty (30) days of the date of assignment and is of substantially
similar financial strength or credit worthiness as Grantee.
Section 18. Dispute Resolution
A. In the event of a dispute between the City and the Grantee arising
by reason of this Agreement, the dispute shall first be referred to the operational
officers or representatives designated by Grantor and Grantee to have oversight
over the administration of this Agreement. The officers or representatives shall
meet within thirty (30) calendar days of either party's request for a meeting,
whichever request is first, and the parties shall make a good faith effort to
achieve a resolution of the dispute.
B. If the parties fail to achieve a resolution of the dispute in this
manner, either party may then pursue any available judicial remedies. This
DI.B Page 102 of 189
------------------------------
Ordinance No. 6491
Franchise Agreement No. 13-37
September 24, 2013
Page 13 of 15
Franchise shall be governed by and construed in accordance with the laws of the
State of Washington. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically
understand and agree that venue shall be exclusively in King County,
Washington. The prevailing party in any such action shall be entitled to its
attorneys’ fees and costs of suit, which shall be fixed by the judge hearing the
case, and such fees shall be included in the judgment.
Section 19. Enforcement and Remedies
A. If the Grantee shall willfully violate, or fail to comply with any of the
provisions of this Franchise through willful or unreasonable negligence, or should
it fail to heed or comply with any notice given to Grantee under the provisions of
this agreement, the City may, at its discretion, provide Grantee with written notice
to cure the breach within thirty (30) days of notification. If the City determines the
breach cannot be cured within thirty (30) days, the City may specify a longer cure
period, and condition the extension of time on Grantee’s submittal of a plan to
cure the breach within the specified period, commencement of work within the
original thirty day cure period, and diligent prosecution of the work to completion.
If the breach is not cured within the specified time, or the Grantee does not
comply with the specified conditions, the City may, at its discretion, either (1)
revoke the Franchise with no further notification, or (2) claim damages of Two
Hundred Fifty Dollars ($250.00) per day against the financial guarantee set forth
in Section 16 for every day after the expiration of the cure period that the breach
is not cured.
B. Should the City determine that Grantee is acting beyond the scope
of permission granted herein for Grantee Facilities and Grantee Services, the
City reserves the right to cancel this Franchise and/or require the Grantee to
apply for, obtain, and comply with all applicable City permits, franchises, or other
City permissions for such actions, and if the Grantee’s actions are not allowed
under applicable federal and state or City laws, to compel Grantee to cease such
actions.
Section 20. Compliance with Laws and Regulations
A. This Franchise is subject to, and the Grantee shall comply with all
applicable federal and state or City laws, regulations and policies (including all
applicable elements of the City's comprehensive plan), in conformance with
federal laws and regulations, affecting performance under this Franchise.
Furthermore, notwithstanding any other terms of this agreement appearing to the
contrary, the Grantee shall be subject to the police power of the City to adopt and
enforce general ordinances necessary to protect the safety and welfare of the
general public in relation to the rights granted in the Franchise Area.
DI.B Page 103 of 189
------------------------------
Ordinance No. 6491
Franchise Agreement No. 13-37
September 24, 2013
Page 14 of 15
B. The City reserves the right at any time to amend this Franchise to
conform to any hereafter enacted, amended, or adopted federal or state statute
or regulation relating to the public health, safety, and welfare, if required by such
statute or regulation, or relating to roadway regulation, or a City Ordinance
enacted pursuant to such federal or state statute or regulation upon providing
Grantee with thirty (30) days written notice of its action setting forth the full text of
the amendment and identifying the statute, regulation, or ordinance requiring the
amendment. Said amendment shall become automatically effective upon
expiration of the notice period unless, before expiration of that period, the
Grantee makes a written call for negotiations over the terms of the amendment.
If the parties do not reach agreement as to the terms of the amendment within
thirty (30) days of the call for negotiations, the City may enact the proposed
amendment, by incorporating the Grantee’s concerns to the maximum extent the
City deems possible, or Grantee may terminate this agreement without further
liability or penalty subject to its prompt removal of the Grantee Facilities in
compliance with applicable terms herein.
C. The City may terminate this Franchise upon thirty (30) days written
notice to the Grantee, if the Grantee fails to comply with such amendment or
modification within such thirty (30) day period.
Section 21. License, Tax and Other Charges
This Franchise shall not exempt the Grantee from any future license, tax,
or charge which the City may hereinafter adopt pursuant to authority granted to it
under state or federal law for revenue or as reimbursement for use and
occupancy of the Franchise Area.
Section 22. Consequential Damages Limitation
Notwithstanding any other provision of this agreement, in no event shall
either party be liable for any special, incidental, indirect, punitive, reliance,
consequential or similar damages.
Section 23. Severability
If any portion of this Franchise is deemed invalid, the remainder portions
shall remain in effect provided the provision deemed invalid is not a material term
to this agreement.
Section 24. Titles
DI.B Page 104 of 189
------------------------------
Ordinance No. 6491
Franchise Agreement No. 13-37
September 24, 2013
Page 15 of 15
The section titles used herein are for reference only and should not be
used for the purpose of interpreting this Franchise.
Section 25. Implementation.
The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation.
Section 26. Termination.
Grantee shall have the right to terminate this agreement with respect to an
individual Franchise Area authorized hereunder, without penalty, upon one
hundred twenty (120) days prior written notice. In such event, all applicable fees
and/or costs set forth herein shall be equitably adjusted as of the effective date of
termination
Section 27. Effective date.
This Ordinance shall take effect and be in force five days from and after its
passage, approval and publication as provided by law.
INTRODUCED: ___________________
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
ATTEST:
___________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
__________________________
Daniel B. Heid, City Attorney
Published: _________________
DI.B Page 105 of 189
L A K ELAKETAPPSTAPPS
S 277TH ST
J O V I T A BLVD E
PACIFIC AVE S
M
I
L
I
T
A
R
Y R
D S
ELLINGSON RD SW
8TH ST E
WEST VALLEY HWY S
124TH AVE SE
132ND AVE SE
38TH AVE S
STEWART RD SW
A ST SE
WEST VAL
LEY H
WY S
12TH ST E
182ND AVE E
A U B U R N-BLACK DIAMOND RD SE
S 288TH ST
9TH ST E
16 TH S T E
A
U
B
U
R
N-E
N
U
M
C
LA
W RD S
M
I
L
I
T
A
R
Y
R
D
S
2
1
0
T
H
A
V
E E
M
I
L
I
T
A
R
Y
R
D
S
MILITARY RD S
18
18
164
167
A ST SE
B ST NW
AUBURN WAY S
C ST SW
I ST NE
M ST SE
AUBURN WAY N
R ST SE
124TH AVE SE
WEST VALLEY HWY N
132ND AVE SE
S 277TH ST
C ST NW
15TH ST SW
W MAIN ST
15TH ST NW
SE 304TH ST
E MAIN ST
LA
KE TA
P
PS PK
W
Y S
E
41ST ST SE
29TH ST SE
SE 312TH ST
51ST AVE S
K
E
R
S
EY WAY SE
8TH ST NE
37TH ST NW
L
A
K
E
L
A
N
D
H
I
L
L
S
W
A
Y
S
E
ORAVETZ RD SE
M ST NE
D ST NW
A ST NE
4TH ST SE
104TH AVE SE
A ST NW
SE 320TH ST
WEST VALLEY HWY S
LEA HILL RD SE
EMERALD DOWNS DR NW
37TH ST NE
S 316TH ST
321ST ST S
AUBURN-BLACK DIAMOND RD SE
D ST NE
112TH AVE SE
RIVERWA L K D R SE
P
E
A
S
L
E
Y
C
A
N
Y
O
N
R
D S
EAST VALLEY HWY E
HAR
VEY R
D NE
SE 304TH WAY
TERRACE DR N W
SE 281ST ST
SUMNER-TAPPS HW
Y
E
17TH ST SE
3RD ST SW
132 N D W AY SE16TH ST NW
INDUSTRY DR SW
124TH AVE SE
112TH AVE SE
112TH AVE SE
R ST SE
A ST SE
S E 3 0 4 T H S T
SE 320TH ST
M U C K L E S H O O TMUCKLESHOOTCASINOCASINO
T H E
T H E
O U T L E T
O U T L E T
C O L L E C T I O N
C O L L E C T I O N
K I N GKINGCOUN T YCOUNTY
K E N TKENT
P A C I F I CPACIFIC
P I E R C EPIERCECOUNTYCOUNTY
A L G O N AALGONA
S U M N E RSUMNER
E D G E W O O DEDGEWOOD
Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy.
Exhibit "A" - T-Mobile Franchise Area
T Mobile Facilities
SE4042A
SE04028B
Hydrology
Streams
Lakes and Rivers
Political Boundaries
City of Auburn
Surrounding Cities
King and Pierce Counties
Transportation
Arterials
Highways
Locals
Printed On: 11/7/2013
Map ID: 4317
SE4042A
SE04028B
DI.B Page 106 of 189
EXHIBIT “B”
GRANTEE FACILITIES
EXISTING T-MOBILE FACILITIES IN CITY OF AUBURN ROW
Site ID: SE4042A, “Peasley Canyon”
Location:
33043 46th Place South
Auburn, WA 98001
Description: Telecommunications Facility consisting of above ground radio equipment
cabinets located in a 12’x17’ cedar wood fence enclosure in the Right-of-
Way (ROW), with antennas collocated on an existing 88’ above-ground
wooden utility pole in the ROW with connecting underground conduit.
Site ID: SE04028B, Mountain View Cemetery/PR
Location:
5605 S 324th Place
Auburn WA 98001
Description: Telecommunication Facility consisting of antennas located on an existing
75’ above-groundround wood utility pole in the Right of Way with
connecting underground conduit to the radio equipment cabinets located
on adjacent private property.
DI.B Page 107 of 189
Ordinance No. 6491
Franchise Agreement No. 13-37
DATE 09/24/2013
Page 1 of 1
EXHIBIT “C”
GRANTEE SERVICES
SERVICES PROVIDED BY T-MOBILE WITHIN THE CITY OF AUBURN:
Telecommunications Services authorized by the Federal Communications Commission;
including but not limited to the following:
THE TRANSMISSION, AMPLIFICATION AND RECEPTION OF RADIO
COMMUNICATION SIGNALS, INCLUDING BUT NOT LIMITED TO THOSE RELATED
TO:
· VOICE,
· DATA,
· IMAGES AND VIDEO
· E-911/EMERGENCY ACCESS
· 3-G AND 4-G
DI.B Page 108 of 189
Ordinance No. 6491
Franchise Agreement No. 13-37
DATE 09/24/2013
Page 1 of 1
EXHIBIT “D”
STATEMENT OF ACCEPTANCE
T-Mobile West LLC, A Delaware limited liability company, , for itself, its successors and
assigns, hereby accepts and agrees to be bound by all lawful terms, conditions and
provisions of the Franchise attached hereto and incorporated herein by this reference.
T-Mobile West LLC
By: Date:
Name:
Title: Acting Regional Director, Engineering &
Operations
STATE OF _______________)
)ss.
COUNTY OF _____________ )
On this ____ day of _______________, 2014, before me the undersigned, a Notary
Public in and for the State of __________, duly commissioned and sworn, personally
appeared, __________________ of _________, the company that executed the within
and foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said company, for the uses and purposes therein mentioned,
and on oath stated that he/she is authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on
the date hereinabove set forth.
Signature
NOTARY PUBLIC in and for the State of
___________, residing at
MY COMMISSION EXPIRES:
DI.B Page 109 of 189
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5018
Date:
January 6, 2014
Department:
Public Works
Attachments:
Resolution No. 5018
Exhibit A
Public Way Agreement 08-03
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee to recommend City Council adopt Resolution No. 5018.
Background Summary:
MCI Communications, Services, Inc. (MCI), has applied for a renewal of term for Public
Way Agreement No 08-03 which was authorized by Resolution No. 4338 and amended
by Resolution No. 4797 (please see attached documents) for facilities currently in the
City’s right-of-way which has recently expired.
The Public Way Agreement (PWA) was reviewed by City staff and the applicant and it
was determined that the agreement still meets the needs of the City and the applicant
with only a minor amendment to update the term of the agreement for one additional five
year term. Resolution No. 5018 amends the current agreement, PWA 08-03, to reflect
these changes and authorizes MCI’s fiber optic conduit to remain in the right-of-way per
the conditions set forth in Amendment No. 2 (PWA 08-03A2) upon filing with the City
Clerk a Statement of Acceptance which is marked “Exhibit A”.
Reviewed by Council Committees:
Planning And Community Development, Public Works
Councilmember:Osborne Staff:Mund
Meeting Date:January 13, 2014 Item Number:DI.C
AUBURN * MORE THAN YOU IMAGINEDDI.C Page 110 of 189
Resolution No. 5018
Public Way Agreement No. 08-03
Amendment No. 2
January 6, 2014
Page 1 of 3
RESOLUTION NO. 5018
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
RENEWAL OF PUBLIC WAY AGREEMENT 08-03 AND
AMENDING THE TERMS OF THE AGREEMENT
WHEREAS, MCI Communications Services, Inc. has applied to the City
for renewal of Public Way Agreement 08-03, which was authorized by
Resolution No. 4338 and amended by Resolution No 4797, and
WHEREAS, the City has reviewed the Grantee’s renewal application and
determined that renewal of the Public Way Agreement authorized by Resolution
No. 4338, amended by Resolution No. 4797 is in the best interest of the City
and the citizens of Auburn,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The City approves Grantee’s application for renewal for one
five-year period as provided for in Section 3B of Public Way Agreement 08-03,
as amended, under the conditions set forth in this Resolution.
Section 2. Acceptance of Amendments
A. This Amendment and any rights granted hereunder shall
not become effective for any purpose unless and until Grantee files with
the City Clerk the Statement of Acceptance, attached hereto as Exhibit
DI.C Page 111 of 189
Resolution No. 5018
Public Way Agreement No. 08-03
Amendment No. 2
January 6, 2014
Page 2 of 3
“A”, and incorporated by reference. The date that such Statement of
Acceptance is filed with the City Clerk shall be the effective date of the
renewal, which the City has assigned Amendment No. 2.
B. Should the Grantee fail to file the Statement of Acceptance
with the City Clerk within 30 days after the effective date of the ordinance
approving the Amendatory Renewal, said renewal and corresponding
agreement will automatically terminate and shall be null and void.
Section 4. Implementation The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directions of this legislation.
Section 5. Severability The provisions of this resolution are
declared to be separate and severable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of
the application thereof to any person or circumstance shall not affect the validity
of the remainder of this resolution, or the validity of its application to other
persons or circumstances.
Section 6. Effective Date This Resolution shall be in full force
and effect upon passage and signatures hereon.
DI.C Page 112 of 189
Resolution No. 5018
Public Way Agreement No. 08-03
Amendment No. 2
January 6, 2014
Page 3 of 3
Dated and Signed this _____ day of ____________, 2014.
CITY OF AUBURN
_________________________
Nancy Backus
Mayor
ATTEST:
_______________________________
Danielle Daskam
APPROVED AS TO FORM:
_______________________________
Daniel B. Heid
City Attorney
DI.C Page 113 of 189
------------------------------
Resolution No. 5018
Public Way Agreement No. 08-03
Amendment No. 2
January 6, 2014
Page 1 of 1
EXHIBIT “A”
STATEMENT OF ACCEPTANCE
MCI Communications Services, Inc., for itself, its successors and assigns, hereby
accepts and agrees to be bound by all terms, conditions and provisions of Amendment
No. 2 to PWA 08-03 attached hereto and incorporated herein by this reference.
[Grantee]
By: Date:
Name:
Title:
STATE OF _______________________)
)ss.
COUNTY OF ______________________)
On this ____ day of _______________, 2014, before me the undersigned, a Notary
Public in and for the State of _____________________, duly commissioned and sworn,
personally appeared, ______________________ of ________________________, the
company that executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said company, for the uses and
purposes therein mentioned, and on oath stated that he/she is authorized to execute
said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on
the date hereinabove set forth.
Signature
NOTARY PUBLIC in and for the State of
___________, residing at
MY COMMISSION EXPIRES:
DI.C Page 114 of 189
RESOLUTION NO. 4797
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OFAUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN
AMENDMENT TO THE PUBLIC WAY AGREEMENT
NO. 08-03 BETWEEN THE CITY OF AUBURN AND
MCI COMMUNICATIONS SERVICES, INC.
WHEREAS, the City and MCI CommunicationsServices, Inc. ("MCI")
entered into PublicWay Agreements in 1996 (PWA 96-07) and 2008 (PWA 08-
03); and
WHEREAS, the 1996 Agreement has a rolling five-year renewal period,
which period expired December 16, 2011 and
WHEREAS, it is in the public interest for the parties toenter into an
amendment to PWA 08-03 to combine all of MCI's equipment and facilities into
one Public Way Agreement.
NOW THEREFORE, THE CITYCOUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor and theAuburnCityClerk are hereby
authorized to execute an amendment to PWA 08-03 between the City of Auburn
and MCI Communications Services, Inc. which amendment shall be in
substantialconformitywiththe agreement hereto, marked as Amendment No. 1
and incorporatedherein by thisreference.
Resolution No.4797
May 17 2012
Page 1 of 2
DI.C Page 115 of 189
Section 2. The Mayor is hereby authorized to implement such
administrativeprocedures as maybe necessary to carry out thedirectives of
thislegislation.
Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
y
PA
Dated and Signed this day of - 2012.
CI OF A
PETER E NIS, MAYOR
ATTEST
L":: 4fzA--d
Dan" Ile E. Daskam, City-Clerk
APP D A RM:
2
Daniel B. Heid, I ttomey
Resolution No.4797
May 17 2012
Page 2 of 2
DI.C Page 116 of 189
AMENDMENT NO. 1
ADDENDUM TO PWA 08-03 AGREEMENT
BETWEEN MCI COMMUNICATIONS SERVICES, INC.AND THE CITY OF AUBURN
RELATING TO PUBLIC WAY AGREEMENT
THIS AMENDMENT ismade and entered into this d-6 day of
2012,by and between MCI Communications,Services,Inc.,a Delaware corpo on(,, Cr')and the
CITY OF AUBURN, a municipal corporation of the State of Washington ("CITY',), as an
amendment to the Agreement ("2008 Agreement") betweenthe parties for public way access
executed on the 28th day of April, 2008 (PWA 08-03).
RECITALS.
1. MCI's predecessor in interest,WorldCom Network Services,Inc.,and the City executed a
public right of way agreement ("1996 Agreement") onDecember 17, 1996 (PWA 96-07), which
agreement allowed MCI toconstruct, replace, maintain, and use equipment and facilities for an
underground fiber optics trunkline within the City The 1996 Agreement contained a rolling five-
yearrenewal period, the most recent of which expired on December 16, 2011.
2. The parties agree that combining the 1996 Agreement and the2008 Agreement would
make it easier for them to administer the equipment and facilities within the City.
NOW THEREFORE in consideration of their mutual covenants,conditions and promises,the
PARTIES HERETO HEREBY AGREE as follows:
1 Exhibit"A"to PWA 08-03 is amended to include the facilities set forth on Exhibit A to
this Amendment.
2. This Amendment, and any rights granted hereunder, shall not become effective for any
purpose unless and until MCI files with the City Clerk the Statement of Acceptance within 30 days
after the effective date of the resolutionapproving this Amendment,attachedhereto as Exhibit"B"
and incorporated herein by reference. The date that the Statement of Acceptance is filed with the
City Clerk shall be the effective date of this Amendment.
3 That all other provisions of PWA 08-03 shall remain unchanged, and in full force and
effect.
PWA 08-03A1
Page 1 of 2
DI.C Page 117 of 189
IN WITNESS WHEREOF the parties hereto have executed this Amendment as of the day and
year first above written.
MCI COMMUNICATIONS SERVICES, INC.C OF A
By By-
Its: Don Hirschenhof , Manaser Peter B. Lewes, Mayor
Witness: Attest:
By By L C_
Je az 'ewicz uriici al Af rs Danielle Daskam. City Clerk
Approved as to form: Ap o fo
Att ey for MCI Daniel B. Heid, City Attorney
PWA 08-03A1
Page 2 of 2
DI.C Page 118 of 189
MCI Fiber
111X1 w 111'11 IT Ii,
4
SO I IM I I
IIIIIII,k
lJ
mcm st
0
IOTH STIR
11WNP.S
101(
l
MAIN I I IAIII IT
LILLI 1A1`o I,
Cvi)
Ii III til tir.
Will",
AUCK SHDOT
arNn
7,
41
HSTE
A.
0 1 100 2.200 1300 4400 5,500
City Hall City of Auburn FEET
11+
MCI Fiber(PWA 08-03) Parks Exhibit A M.pW 381n
Infoml
MCI Fiber (PWA 96-07) Water Features I,and .e..,fly m., ,w
CI dAib..II. I.,:l,..IL'
DI.C Page 119 of 189
EXHIBIT "B"
STATEMENT OF ACCEPTANCE
MCI Communications Services, Inc , for itself, its successors and assigns, hereby
accepts and agrees to be boundby all terms, conditions and provisions of Amendment
No 1 to PWA 08-03 attached hereto and incorporated herein by thisreference
Grantee]
By LAI Date Z o Z
Name Don Hirschenh er
Title Manager Right-of-Way & Municipal Affairs
STATE OF A 5
ss
COUNTYOF hAkkAS
On this l I day of ,j\.2012, before me theundersigned, a Notary
Public in and for the tat e of iP- duly commissioned and sworn,
personally appeared, oV. of A Commk, , fhe
companythat executed thewithin and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said company, for the uses and
purposes therein mentioned, and on oath stated that he/she is authorized to execute
said instrument
IN WITNESSWHEREOF, I have hereunto setmy hand and affixed my official seal on
n
eherein bove set forth
Sign u
Sew., M
NOTARY Pl-lFkl IC in and for the State of
I
eKwS residing at g40o SWfASo}w ,. Ih2 ton X -7J S(,
MY COMMISSION EXPIRES
Resolution No 4797
Page 1 of 1 011:100 Y-
0-1 x-20
DI.C Page 120 of 189
RESOLUTION NO. 4 338
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYORAND CITY CLERK TO EXECUTE A
PUBLIC WAY AGREEMENT BETWEEN THE CITY
OF AUBURNAND MCI COMMUNICATIONS
SERVICES, INC
WHEREAS, MCI Communications Services Inchas applied to the City
for a non-exclusivePublic Way Agreement for the right of entry, use, and
occupation ofcertain public rights-of-way within the City of Auburn, expressly to
install, construct, erect, operate, maintain, repair, relocate and remove its
facilities in, on, upon, along and/or across those rights)-of-way, and
WHEREAS, the City has reviewed MCI Communications Services'
application and determined that the location of MCI Communications Services'
facilities within the requested rights-of-way is in the bestinterest of the City and
thecitizens of Auburn,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows
Section 1. The Mayor of the City of Auburn and the Auburn City Clerk
are herebyauthorized to execute a PublicWay Agreement between the City of
Auburn and MCI Communications Services, Inc , which agreement shall be in
Resolution No 4338
March 31 2008
Page 1 of 2
DI.C Page 121 of 189
substantialconformity with the Agreement a copy of which is attached hereto,
marked as Exhibit "1" and incorporated herein by this reference
Section 2 The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carryout the directives of
this legislation
Section 3 This resolution shall be in full force and effect upon
passage and signatures hereon
ST
Dated and Signed this j day of 12008
P TER B LEWIS
MAYOR
ATTEST
Dani le E Daskam, City Clerk
VE FOR
a iel B o, City-----------------------------
Resolution No 4338
March 31, 2008
Page 2 of 2
DI.C Page 122 of 189
CITY OF AUBURN PUBLIC WAY AGREEMENT WITH MCI
COMMUNICATIONS SERVICES, INC
This Public Way Agreement is entered into by andbetween the City of
Auburn, Washington, a municipalcorporation ("City") and MCI Communications
Services, Inc., a Delawarecorporation ("Grantee")
WHEREAS, Grantee has appliedto the City for a non-exclusive Public
WayAgreement for the rightof entry, use, and occupationof certainpublic
right(s)-of-waywithin the City ofAuburn, expressly to Install, construct, erect,
operate, maintain, repair, relocate and remove its facilities in, on, upon, along
and/or acrossthose rights)-of-way, and
WHEREAS, the City has reviewed the Grantee's application and
determined that the location of Grantee's facilitieswithin the requested right(s)-
of-way is in the best interestof the City and the citizens of Auburn,
NOW, THEREFORE, in considerationof the mutual benefits and
conditions setforth below, the parties hereto agree as follows
Section 1 Notice
A Written notices to the parties shall be sent by certified mailto the
followingaddresses, unless a different address shall be designated in writing and
delivered to the other party
City- Right-of-Way Manager
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Telephone (253) 931-3010, Fax. (253) 931-3048
with a copy to CityClerk
City ofAuburn
25 West Main Street
AuburnWA 98001-4998
Grantee MCI Communications Services, Inc
AttnManager, Municipal Affairs
2400 N Glenville Dr
Richardson, TX75082
Resolution No 4338
Exhibit 1
April 15, 2008
Pagel
DI.C Page 123 of 189
I
With a copy to Verizon Business, LegalandExternal Affairs
Attn Associate General Counsel
205 North Michigan Ave
Sixth Floor
Chicago, IL 60601
B. Any changes to the above-statedGrantee Information shall be sent
to the City's Right-of-Way Manager, with copies to the City Clerk, referencing the
title of this agreement
C The above-stated Grantee voice and fax telephone numbers shall
be staffed at least during normal business hours of 8 AM to 5 PM Pacific
Standard time
Section 2 Grant of Right to Use Public Way
A Subject to the terms and conditions stated herein, the City grants to
the Grantee general permission to enter, use, and occupy the right(s)-of-way
specified in Exhibit "A," attached heretoand incorporated by reference (the
Public Way") The Grantee shall place GranteeFacilities within the City Conduit
Route setforth in Exhibit A, unless the Grantee determinesthat the route is
impracticable for such use, in which case the Grantee shall place Grantee
Facilities within the Qwest Conduit Routesetforth in Exhibit A Should the
Grantee and the City agree that neither of theseroutes are practicable, the
Grantee shall place GranteeFacilities along an alternate route within the Public
Way, which may consist of the New Conduit Route set forth in ExhibitA or a
mutually agreeable route including a portion of theNew Conduit Route and
portions of theCity and Qwest Conduit Routes, the use of which shall be on
terms mutually agreeable between the conduit owner and the Grantee The
routes shall be subject to the following additional terms
1 City Conduit Route Should the Grantee choose tomake
use of existing City conduit, the City shall then make one (1) conduit of one and
one quarter inches (1 1/4") in size available to Grantee along that route at a rate
of Thirty-Five Cents ($0 35) per lineal footof conduit per year The Grantee shall
place for the City a mutually agreed upon amount of twenty-four (24) strand
optical cable into City conduit alongthe route For thoseportions of the City
Conduit Route in which the Grantee will construct new conduit, the Grantee shall
construct for the City, and connect to existing City conduits, one (1) three Inch
3") conduit alongwithrelated structuresnecessary to access the conduit ("New
City Conduit") that shall be in addition to any conduits to be owned or used by
Grantee TheNew City Conduit is provided as consideration for leasing existing
City conduit, and is not subject to the provisions of RCW 35 99 070 The parties
Resoiution No 4338
Exhibit"I"
April 15 2008
Page 2
DI.C Page 124 of 189
agree to negotiate in good faith an agreement encompassing the termsof this
subsection and any othermutuallyagreeable terms
2 Qwest Conduit Route Shouldthe Grantee choose tomake
use of Qwest's existing conduit, and should the Grantee be constructing new
conduit along any portion ofthat route, the City mayrequirethe Grantee to install
for the City, one (1) three inch (3") conduit, along with related structures
necessary to access the conduit TheGrantee shall charge its incrementalcosts
in Installing said conduit to the City Conduit provided pursuant to this
subsection Is subject to the provisions of RCW 35 99 070, and the parties agree
that they shall negotiate In goodfaith an agreement meeting the requirements of
RCW 8036 150 that establishes the incremental costs of providing the new City
conduits, the specific equipment required by the City, andany other terms
mutually agreeable to the parties or required under RCW 35 99.070
3 New Conduit Route Should the Granteechoose to
construct new conduit along the New Conduit Route, theGrantee shallinstall for
the City, one (1) three inch (3") conduit, along with related structures necessary
to access the conduit The Grantee shall charge its incremental costs in
installing said conduit to the City Conduit provided pursuant to thissubsection is
subject to the provisions of RCW 35 99 070, and the partiesagree that they shall
negotiate In good faith an agreement meeting the requirements of RCW
8036 150 that establishes the incremental costs of providing the new City
conduits, the specific equipment required by the City, and any other terms
mutuallyagreeable to the parties or required under RCW 3599 070
4 Alternate Route Shouldthe Grantee and the Cityagree
to an alternate route using portions of the City Conduit Route, the Qwest Conduit
Route, and/or the New Conduit Route, the terms of the New Conduit Route shall
apply to all newly constructedconduit along the alternate route, and the Grantee
shall provideoptical cable to the City along the alternate route per the provisions
ofthe City Conduit Route
B The Grantee Is authorized to install, remove, construct, erect,
operate, maintain, relocate and repair the facilities specified in Exhibit "B,"
attached hereto and incorporated by reference, and all necessary appurtenances
thereto, ("GranteeFacilities") for provisionof lawful communications, including,
without limitation, long distance voice and data communications and other lawful
communications as disclosed to the City from time to time ("Grantee Services")
in, along, under and across the Public Way, for the sole purpose of providing
commercial utility or telecommunications services to persons or areas outside
the City
C ThisPublic Way Agreement does not authorize the use of the
Public Way for any facilities orservices other than Grantee Facilities and
Resolution No.4338
Exhibit 1
April 15 2008
Page 3
DI.C Page 125 of 189
Grantee Services, and it extends no rights orprivilege relative to any facilities or
services of any type, including Grantee Facilities and Grantee Services,
elsewhere within the City
D ThisPublic Way Agreement is non-exclusive and does not prohibit
the City from entering into otheragreements, includingPublic Way Agreements,
impacting thePublic Way, unless the City determines that entering into such
agreements interferes with Grantee's right set forth herein
E Except as explicitly set forth herein, this Public WayAgreement
does not waiveany rights that theCity has or may hereafter acquire with respect
to the Public Way or any other City roads, rights-of-way, propertyoranyportions
thereof This PublicWay Agreement shall be subject to the powerof eminent
domain, and in any proceeding undereminent domain, the Grantee
acknowledges its use of the Public Way shall have no value
F The City reserves the rightto change, regrade, relocate, abandon,
or vacate thePublic Way If, at any timeduringthe termof thisPublic Way
Agreement, the City vacates anyportion of the Public Way, the City shall reserve
an easement for public utilities within thatvacated portion, pursuant to RCW
35.79 030, within which the Grantee may continue to operatethe Grantee
Facilities under the terms of this Public Way Agreement for the remaining period
set forth under Section 3
G The Grantee agrees that its use of Public Way shall at all times be
subordinated to and subject to the City and the public's need for municipal
infrastructure, travel, and access to the Public Way, except as may be otherwise
required by law
H Should the Grantee seek to use the Public Way to provide
services, includingGrantee Services, to City residents or businesses, the
Grantee shall apply for, obtain, and comply with the terms of a City franchise
agreement for such use
Section 3. Term of Agreement
A This Public Way Agreement shall run for a period of five (5) years,
from the date of executionspecified in Section 5
B RenewalOption of Term The Grantee may renew this Public Way
Agreement for an additional five (5) year period upon submission and approval
ofthe applicationspecified under ACC 20 04120, as it now exists or is
amended, within the timeframe setforth therein (currently 180 to 120 days prior
to expiration of the then-current term) Any materialssubmitted by the Grantee
for a previousapplication may be considered by the City in reviewing a current
Resolution No. 4338
Exhibit"1
April 15,2008
Page 4
DI.C Page 126 of 189
application, and the Grantee shall only submit those materials deemed
necessary by the City to address changes in the Grantee Facilities or Grantee
Services, or to reflect specific reporting periods mandated by the ACC
Section 4 Definitions
For the purpose of this agreement
ACC" means the Auburn City Code
Emergency" means a condition of imminentdanger to the health, safetyand
welfare of Persons or property locatedwithinthe City including, without limitation,
damage to Persons or property fromnatural consequences such as storms,
earthquakes, riots, acts of terrorism or wars
Maintenance or Maintain" shall mean examining, testing, inspecting, repairing,
maintaining and replacing the existingGrantee Facilities or any part thereof as
required and necessary for safe operation
Relocation" means permanent movement of Grantee facilities required by the
City for City purposes, and not temporary or incidental movement ofsuch
facilities, or other revisions Grantee would accomplish and charge to thirdparties
without regard to municipal request
Rights-of-Way' means the surface and thespace above and belowstreets,
roadways, highways, avenues, courts, lanes, alleys sidewalks, easements,
rights-of-ways and similar public properties and areas
Section S. Acceptance of Public Way Agreement
A ThisPublic Way Agreement, andany rights granted hereunder,
shallnot become effectivefor anypurpose unlessand until Grantee files with the
City Clerk (1) the StatementofAcceptance attached hereto as Exhibit "C," and
incorporated by reference, (2) all verifications of insurance coveragespecified
under Section 15, and (3) the financial guarantees specified in Section 16
collectively, "Public Way Acceptance") Thedate that such Public Way
Acceptance is filed with the City Clerk shall be the effective date of this Public
Way Agreement
B Should the Grantee failtofile the Public Way Acceptance with the
City Clerk within thirty (30) days after the effective date of the resolution
approving the PublicWay Agreement, said agreement will automatically
terminate and shall be null andvoid
Resolution No 4338
Exhibit"1"
April 15 2008
Page 5
DI.C Page 127 of 189
Section 6 Construction and Maintenance
A The Grantee shallapply for, obtain, and complywith the terms of all
permitsrequired under ACC Chapter 12.24 forany work done upon Grantee
Facilities Grantee shall comply with all applicable City, State, and Federal codes,
rules, regulations, and orders in undertaking such work, whichshall be done in a
thorough and proficient manner
B Granteeagrees to coordinate its activities with the City and all other
utilitieslocated within the Public Way
C The City expressly reserves the right to prescribe howand where
Grantee Facilities shall be installedwithin the Public Way and may from time to
time, pursuant to the applicablesections of this Public Way Agreement, require
the removal, relocation and/or replacement thereof in the public interest and
safety at the expense of the Grantee
D Before commencing any work within the Public Way, the Grantee
shall comply with theOne Number Locatorprovisions of RCWChapter 19.122 to
identifyexisting utility infrastructure
Section 7 Repairand Emergency Work
In the event of an emergency, the Grantee may commence such repair
and emergency response work as required under the circumstances, provided
that the Grantee shall notify the City Right-of-Way Manager in writing as
promptly as possible, before such repair or emergencywork commences, or as
soon thereafter as possible, if advance notice is not practicable The City may
act, at any time, without prior written notice in the case ofemergency, but shall
notify the Grantee in writing as promptly as possibleunder the circumstances
Section 8. Damages to City and Third-Party Property
Grantee agrees that should any of its actions underthisPublic Way
Agreement impairs or damages any City property, survey monument, or property
owned by a third-party, Grantee will restore, at itsown cost and expense, said
property to a safe condition Such repair work shall be performed and completed
to the satisfaction of the City Engineer
Section 9. Location Preference
A Any structure, equipment, appurtenance or tangible propertyof a
privately-owned utility, other than the Grantee's, which was installed, constructed,
completed or in place prior in time to Grantee's application for a permitto construct
Resolution No 4338
Exhibit"1
April 15, 2008
Page 6
DI.C Page 128 of 189
or repair Grantee Facilities under this Public WayAgreement shall have
preference as to positioning and location with respect to theGrantee Facilities.
However, to the extent that the Grantee Facilities are completed and installed prior
to new or additional structures, equipment, appurtenances or tangible property of
an earlier privately-owned utility being installed orcompleted, thenthe Grantee
Facilities shall have priority. These rules governingpreference shall continue in the
event of the necessity of relocating orchanging thegrade of any such City road or
right-of-way A relocating utility shall not necessitate the relocation of another
utility that otherwise would not require relocation This Section shallnot apply to
any City facilities or utilities that may in the future require therelocation of Grantee
Facilities Such relocations shall be governed by Section 11
B Grantee shall maintain a minimum underground horizontal
separation of five (5) feetfrom City waterfacilities and ten (10) feet from above-
ground City water facilities; provided, that for development ofnewareas, the
City, together with Grantee and other utility purveyors or authorized users of the
Pubic Way, will develop and follow the Public WorksDirector's determination of
a consensus for guidelines and procedures for determiningspecific utility
locations, subjectadditionally to this agreement and to a Franchise agreement,
shouldone becomenecessary
Section 10. Grantee Information
A Grantee agreesto supply, at no cost to the City, suchinformation as
the Director of Public Works, or Right-of-WayManager, find necessary to
coordinate municipal functions with Grantee's activities and to fulfill any municipal
obligations understate lawSaid information shall include, at a minimum, quarterly
statements due on the first day of January, April, July, and October of each year
detailing any changes in the informationsubmitted as part of Grantee's Public Way
Agreement application as set forth in Exhibit "D," attachedhereto and incorporated
by reference; as-built drawings of GranteeFacilities, installationinventory, and
maps and plans showing the location ofexisting or plannedfacilities within the
City Said information may be requested either in hard copy and/or electronic
format, compatible with the City's databasesystem, as now or hereinafter existing,
Includingthe City's geographicinformation Service (GIS) database. Grantee shall
keep the Right-of-WayManager informed of its long-range plans for coordination
with the City's long-range plans
B The partiesunderstand that Washington law limits theability of the
City to shield frompublic disclosure any information given to theCity Accordingly,
the partiesagree to work together to avoid disclosures of Information which would
result in economic loss or damage to Grantee because of mandatory disclosure
requirements tothirdpersons. In the event the partiescannot agree, the dispute
shall be submittedto the City Hearing Examiner, subject tothe record before the
Resolution No.4338
Exhibit 1
April 15, 2008
Page 7
DI.C Page 129 of 189
Hearings Examiner Notwithstandingthis option, Grantee shall indemnify andhold
harmless the City for any lossor liability for costsforattorneys fees because of
non-disclosures requested by Grantee underWashington's open public records
law, providedreasonable notice and opportunity to defend was given toGrantee or
Grantee is made aware of the pending of a request orclaim
Section 11 Relocation, of Grantee Facilities
A Except as otherwise so required by law, Grantee agrees to
relocate, remove, or reroute its facilities at its sole expense and liability and at no
expense or liabilityto the City, except as may be required by RCWChapter
3599, as ordered by the City Engineer for City purposes, and upon sixty (60)
days written notice from the City Pursuant to the provisions of Section 14,
Granteeagrees to protect andsave harmless the City from any customer or
third-party claimsfor service interruption or other losses in connection with any
such change, relocation, abandonment, or vacation of the Public Way
B In the eventthat the Public Way shall become a PrimaryState
Highway as provided by law, the State Department of Transportation may order
the Grantee to perform or undertake, at its sole expense, changes to the location
of Grantee Facilities so that the same shall notinterfere with such statehighway
and so that such facilities shall conform to such new grades or routes as may be
established
C If a readjustment or relocation of the GranteeFacilities is
necessitated by a requestfrom a party other than the City, that party shall pay
the Grantee the actual costs thereof
Section 12. Abandonment and or Removal of Grantee Facilities
A Withinone hundred and eighty (180) days of Grantee's permanent
cessation of use of the Grantee Facilities, or any portion thereof, the Grantee shall,
at the City's discretion, eitherabandon in place or remove the affected facilities
B The parties expressly agreethat this Section shall survive the
expiration, revocation or termination of thisPublic Way Agreement
Section 13. Undergrounding
A The parties agree that thisPublic Way Agreement does not limit the
City's authority under federal law, state law, or theACC, to require the
undergrounding of utilities.
B Whenever the City requires the undergrounding of aerial utilities in
the PublicWay, the Grantee shall underground the GranteeFacilities in the
Resolution No 4338
Exhibit"1"
April 15, 2008
Page 8
DI.C Page 130 of 189
manner specified by the City Engineer, and where other utilities are present and
Involved in the undergroundingproject, Grantee shall only be required to pay its
fair share of common costs borne by all utilities, in addition to the costs
specifically attributable to the undergrounding of GranteeFacilities Common
costsshall include necessarycosts for commontrenching andutility vaults. Fair
share shall be determined in comparison to the total number and size of all other
utility facilities being undergrounded
Section 14 Indemnification and Hold Harmless
A The Grantee shall defend, indemnify, and hold the City and its
officers, officials, agents, employees, and volunteers harmlessfromany and all
costs, claims, injuries, damages, losses, suits, or liabilities of any nature
includingattorneys' feesarisingout of or in connection with the Grantee's
performanceunder this Public Way Agreement, except tothe extent such costs
claims, injuries, damages, losses, suits, orliabilities are caused by the
negligence ofthe City
B The Grantee shall hold the City harmless from any liability arisingout
of or in connectionwith any damage orloss to the Grantee Facilitiescaused by
maintenance and/or construction workperformed by, or on behalfof, the City
withinthePublic Way orany other City road, right-of-way, or other property, except
to the extent any such damage or loss is directly caused by the negligenceof the
City, or its agentperforming suchwork
C The Grantee acknowledges that neither the City nor any other
publicagency with responsibility for fire fighting, emergency rescue, public safety
or similar duties within the City has the capability to providetrench, close trench
or confined space rescue The Grantee, and its agents, assigns, successors, or
contractors, shall make such arrangements as Granteedeems fit for the
provision of such services The Grantee shall hold the City harmless fromany
liability arisingout of or in connection with any damage or loss to the Grantee for
the City's failure orinability to provide such services, and, pursuant to the terms
of Section 14(A), theGrantee shall indemnify the City against anyand all third-
party costs, claims, injuries, damages, losses, suits, or liabilities based on the
City's failure or inability to provide such services
D Should a court ofcompetent jurisdictiondetermine that this
Agreement is subject to RCW 424 115, then, in theeventof liability for damages
arising out of bodily injuryto persons or damages to propertycaused by or
resulting from the concurrent negligence of the Grantee and the City, its officers,
officials, employees, and volunteers, the Grantee's liability hereunder shall be
only to the extent of the Grantee's negligence It is further specifically and
expresslyunderstood that the Indemnification provided herein constitutes the
Resolution No 4338
Exhibit"1
April 15, 2008
Page 9
DI.C Page 131 of 189
City's and Grantee's waivers of immunityunder Industrial Insurance, Title 51
RCW, solelyforthepurposes of the indemnifications setforth in this Section 14
This waiver has been mutuallynegotiated by the parties The provisions of this
sectionshallsurvivethe expiration or termination of this Agreement
E Acceptance by theCity of any workperformed by the Grantee shall
not be grounds for avoidance of this section
Section 15 Insurance
A The Grantee shall procure and maintain for the duration of the
Agreement, insurance against claims for injuriesto personsor damage to
property whichmay arisefrom or in connection with activities or operations
performed by or on the Grantee's behalf with the issuance of this Agreement.
Grantee shall obtain insurance of the type described below
1 Automobile Liability insurance covering all owned, non-
owned, hired, and leased vehicles with a minimum combined single limit for
bodily injury and propertydamage of $1,000,000 per accident. Coverage shall
be written on Insurance Services Office (ISO) form or a substitute form providing
equivalent liability coverage
2 CommercialGeneral Liability insurance with combined
single limits no less than $1,000,000 each occurrence, $2,000,000 general
aggregate, and a $2,000,000 products-completed operation aggregate limit.
Coverage shallbe written on ISO occurrence form or equivalent and shall cover
liabilityarisingfrom premises, operations, independentcontractors, products-
completed operations, and personal injury and advertising injuryand contractual
liability Limits can be satisfied by a combination of commercial general liability
and Excess Liability There shall be no endorsement or modification of the
Commercial General Liability insurance forliability arising from explosion,
collapse, or underground property damage The City shall be named as an
additional insured as their interest may appear under the Grantees Commercial
General Liability insurance policy with respect to the workperformed under this
Public WayAgreement
3 Professional Liability insurance with limits no lessthan
1 000 000 per claim and aggregate
4 Workers' Compensation coverageas required by the
Industrial Insurance laws of the Stateof Washington Employer's Liability
1,000,000 each accident/disease/policylimit (Stop Gap Liabilityincluded in
Employer's Liability.)
Resolution No.4338
Exhibit"1"
April 15, 2008
Page 10
DI.C Page 132 of 189
B The insurance policies are to contain, or be endorsed tocontain,
the following provisionsfor Automobile Liability, and Commercial General
Liability insurance
1 The Grantee's insurancecoverage shall be primary
insurance as respects the City Anyinsurance, self-insurance, or insurance.pool
coveragemaintained by the City shallbe in excess of the Grantee's insurance
and shall not contribute with it
C Acceptabilityof Insurers Insurance is to be placed with insurers
with a current AM Best rating ofnot less than A VII
D Verification of Coverage Grantee shall furnish the City with
original certificates and a copy of the mandatoryendorsements, including the
additional insured endorsement, evidencing the insurance requirements of the
Grantee before commencement of the work The certificates shall contain a
provision stating thatthe insurer or its authorized representative shall endeavor
to provide thirty (30) days prior written notice by certified mail, return receipt
requested, has been given by the City
E Grantee shall have theright to self-insure any or all of the above-
required insurance
F Grantee's maintenance of insurance as required by this Agreement
shall not be construed tolimit theliability of Grantee to the coverage provided by
such insurance, or otherwise limit the City's recourse to any remedy to which the
City is otherwise entitled atlaw or in equity
Section 16. Performance Security
Pursuant to ACCChapter 20 10, the Grantee shall provide the City with a
financial guarantee as specified in ACC Section 2010.250, in a form and
substance acceptable to the City, securing the Grantee's faithfulcompliance with
the terms of this Public Way Agreement. Such guarantee shall be in the amount
of Fifty Thousand dollars ($50,000 00)
Section 17 Successors and Assignees
A. All the provisions, conditions, regulations and requirements herein
contained shall be binding upon the successors, assigns of, and independent
contractors of the Grantee, and all rightsand privileges, as well as all obligations
and liabilities of the Grantee shall inure to its successors, assignees and
Resolution No 4338
Exhibit"1"
April 15 2008
Page 11
DI.C Page 133 of 189
contractors equally as if theywere specifically mentioned herein wherever the
Grantee is mentioned
B This public way agreement shall not be leased, assigned or
otherwise alienated without the express consentof the City by resolution, which
approval shall not be unreasonably withheld
C Grantee and any proposed assignee or transferee shall provide
and certify the following to the City not less than onehundred twenty (120) days
priorto theproposed date of transfer (a) Completeinformation setting forth the
nature, term and conditions of theproposed assignment or transfer, (b) All
information required by the City of an applicant for a Public Way Agreement with
respect to the proposed assignee or transferee, and, (c) An application fee which
shall be set by the City, plus any other costs actually and reasonablyincurred by
theCity in processing, and investigating the proposed assignment or transfer
Section 18. Dispute Resolution
A In the event of a dispute between the City and the Grantee arising
by reason of this Agreement, the dispute shall first be referredto the operational
officers or representatives designated by Grantor and Grantee to have oversight
over the administration of this Agreement The officers or representatives shall
meet within fifteen (15) calendar days of either party's requestfor a meeting,
whichever request is first, and the parties shall make a good faith effort to
achieve a resolution of the dispute
B If the parties fail to achieve a resolution of the dispute in this
manner, either party may then pursue any available judicial remedies This
Public WayAgreement shall be governed by and construed in accordance with
thelaws of theState ofWashington In the event any suit, arbitration, or other
proceeding is instituted to enforce anyterm of this Agreement, the parties
specifically understand and agree that venue shall be exclusively in King County,
Washington The prevailing party in any suchaction shall be entitled to its
attorneys' fees and costs of suit, which shall be fixed by the judge hearing the
case, and such fees shall be included in the judgment
Section 19. Enforcement andRemedies
A If the Grantee shall willfully violate, or fail to comply with anyof
the provisions of this Public Way Agreement through willful Intent or gross
negligence, or should it fail to heed or comply with any notice given to Grantee
under the provisions of this agreement the Citymay, at Its discretion, provide
Grantee with written notice to cure the breach within thirty (30) days of
notification If the City determines the breach cannot be cured withinthirty
Resolution No 4338
Exhibit 1"
April 15, 2008
Page 12
DI.C Page 134 of 189
days, the Citymay specify a longer cure period and condition the extension of
time on Grantee's submittal of a plan to cure the breach within the specified
period, commencement of work within theoriginal thirty day cure period, and
diligentprosecution of the work to completion If the breach is not cured within
the specified time, or the Grantee doesnot comply with the specified
conditions, the Grantee, and its successors or assignees, shall forfeit all rights
conferred hereunder, and the Public Way Agreement may be revoked or
annulled by theCity with no further notification
B Should the City determine that Grantee is acting beyond the scope
of permissiongranted herein for Grantee Facilities and Grantee Services, the
City reserves the right to cancel this Public Way Agreement upon thirty days (30)
written noticeto Grantee and requirethe Grantee to apply for, obtain, and
comply with all applicable City permits, franchises, or other City permissionsfor
such actions, and if the Grantee's actions are not allowedunder the Auburn City
Code, to compel Grantee to ceasesuch actions
Section 20 Compliance with Laws and Regulations
A ThisPublic Way Agreement is subject toand the Grantee shall
comply with all applicable federal andstate or Citylaws, regulations and policies
including all applicable elements of the City's comprehensive plan), in
conformance with federal laws and regulations, affecting performance under this
PublicWay Agreement Furthermore, notwithstanding any other terms of this
agreement appearing to the contrary, the Granteeshall be subject to the police
power of the City to adopt and enforce generalordinances necessary to protect
the safety and welfare of the general public in relation to the rights granted in the
Public Way
B The City reserves theright at any time to amend this Public Way
Agreement to conform to any hereafter enacted, amended, or adopted federal
or state statute or regulation relating to the public health, safety, and welfare,
or relating to roadway regulation, or a City Ordinanceenactedpursuant to such
federal or state statute or regulation upon providing Grantee with thirty (30)
days writtennotice of its actionsetting forththe full text ofthe amendment and
identifying the statute, regulation, or ordinance requiring the amendment. Said
amendment shall become automatically effective upon expiration ofthe notice
period unless, before expiration of that period, the Granteemakes a written call
for negotiations over the terms of the amendment If the parties do not reach
agreement as to the terms of the amendment within thirty (30) days of the
initial notice, the City may enact the proposed amendment, by incorporating the
Grantee's concernsto the maximum extent the City deems possible
Resolution No 4338
Exhibit"1"
April 15 2008
Page 13
DI.C Page 135 of 189
C The City may terminate this PublicWay Agreement upon thirty (30)
days written noticeto the Grantee, if the Granteefails to comply with such
amendment or modification
Section 21. License, Tax and Other Charges
This Public Way Agreement shallnot exempttheGrantee from any future
license, tax, or charge which the City may hereinafter adopt pursuant to authority
granted to it under state or federal law for revenue or as reimbursement for use
and occupancy of public ways
Section 22. Consequential Damages Limitation
Notwithstanding any other provision of this Agreement, In no event shall
either party be liablefor anyspecial, incidental, Indirect, punitive, reliance,
consequential or similar damages
Section 23. Severability
If anyportion of thisPublic WayAgreement is deemed invalid, the
remainder portions shall remain in effect
Section 24 Titles
The section titles used herein are for reference only and should not be
used for thepurpose of interpreting this Public WayAgreement.
DATED and SIGNED this ,2l
r
day of `
I
200 '
CI F AU RN
PETER B. LEWIS
MAYOR
Resolution No 4338
Exhibit"1"
April 15, 2008
Page 14
DI.C Page 136 of 189
ATTEST
bariielle E. Daskam,
CityClerk
APP VEDAS TO FORM
niel B Hei ,
City Attorney
Resolution No 4338
Exhibit"1"
April 15,2008
Page 15
DI.C Page 137 of 189
IIIIMMCI New Conduit Route
Resolution
Conduit•, Route
Exhibit "A" p I
E
111t
7
1
Y
i
1
11 .
1
1
111
1
1
1
1
1
1
t
1
E
DI.C Page 138 of 189
C
N
0
d
9
Z
L
0
0V
O
Q
ORA
IM
IL
aF
a
1%
W
Vtj/!
f/!/////
ff!/
J
Bl/!//
f//
N!////////
f
f/!
I/
N/!
fJ/
Nflf
ldl
dl
i/
Jiff
fJ
iflJ/
iJlJflffJJJNJIil.
F?+\<\«<\
1
1<!<\<\«<\<\<
1y,
W
iii
eee[
J
II
y///
e
ei
9lllla
JII
JJAI
tal
V.(
iJJJi
fli
Ili
i
i
yr
PA
AWN
MM
NX
N!/
II/
f/
I//
I
N//
AV, !/
I//
Jll
Nff/
I/!/
f/!/
JJ/
I!//
N/
I/
N/
II//
lINNHN//
I//
N///
fJSJ' W
M '
oil,
V,
kL
iy
DI.C Page 139 of 189
Exhibit"B"
Resolution No. 4338
Grantee Facilities & Services
MCI Communications Services, Inc. ("MCI") is a registered telecommunication
companyauthorized toprovide long distance services in the State of Washington
by the WashingtonUtilities and TransportationCommittee Theproposed project
will expand MCI's telecommunication network from the BurlingtonNorthern and
Santa Fe Railroad right-of-way to the existing QwestCentralOffice located at 10
SecondStreet SE The long distance network will not access any customers in
the City of Auburn and will merely replace an existing leasedthird party network
fromthe existing MCI network on the railroad right-of-way to theQwest Central
Office
Construction will be managed by the City through the utilization of a construction
permit
DI.C Page 140 of 189
EXHIBIT"D"
Resolution No 4338
APPLICANT INFORMATION
Identity of Applicant(Including all affiliates)
MCI Communications Services, Inc.(A subsidiary of Verizon)
Primary contact
Name Jeff Markiewicz, Municipal Affairs
Address 2400 N Glenville Drive, Richardson Texas 75082
phone number 972-729 7575
fax number 972-729-6700
email address jeff.markiewiczQave6zonbusiness.com
Marketing contact
Name www,verizonbusiness.com
Address 1-877-297 7816
phone number
fax number
email address
Customers using the Applicant's Facility
Facilities do not provide customernetwork access points
Primarycontact
Name
Address
phone number
fax number
emailaddress
Other parties owning lines within the facility
No other parties own lines within the MCI facilities
Primary contact
Name
Address
phone number
fax number
email address
Version Date 03/19/2008
PUBLIC WAY AGREEMENT
Pagel
DI.C Page 141 of 189
EXHIBIT "D" (Continued)
Resolution No 4338
Marketing contact
Name
Address
phone number
fax number
email address
System Information
Location and route of the facility, Various City streets(Exhibit A)
Location of interconnection with other telecommunication providers. Owest Central Office
located at 10 Second Street SE
Location of handholds manholesand other potential access points for local customers within 5
miles ofcity limits. MCI's long distance network does not provideaccess pointsdirectly to local
customers within 5 miles of theCity limits
Description of the type of line used to provide the service (Fiber Cable etc.): 24 fiber optic
cable
Description of the facility(conduits,ducts,size,configuration). A single 4-inchHDPE conduit
occupied by(3) 1.25-inch subducts 1 occupiedby the cable
Number of lines in the facility 1 subductoccupied(2 spare)
Capacity of thelines* 24 fibers
Excess capacity-number of unusedconduits and unused"dark"fiber(2) 1.25-inch subducts
spare
For existingfacilities. excesscapacity after Installation ofapplicant's facilities. NA
Information about theService
Description of the type of telecommunications services that are or will
be provided(voice video,data etc.). Long distancetelecommunications services as authorized
by the Washington Utilities and Transportation Utilities Committee
Version Date 03119/2008
PUBLIC WAYAGREEMENT
Page 2
DI.C Page 142 of 189
EXHIBIT "C
STATEMENT OF ACCEPTANCE
MCI Communications Services, Inc., foritself, its successors and assigns, hereby
accepts and agrees to be bound by all lawful terms, conditions and provisions of
thePublicWay Agreement attached hereto and incorporated herein by this
reference
MCI Communicati s Services, Inc
By Date 4-aG-ob
Name: Robert H. Bohne
Title: Director
STATE OF 7C)a5
ss
COUNTY OF-PA-{-M6 )
On this /-t77%IIay of {4024L 200 before me the undersigned, a
Notary Public in and for a Stat c duly commissioned and sworn,
personally appeared, of MCI Communications Services,
Inc., the company thatexecutedthe within and foregoinginstrument, and
acknowledged the said instrument to be the free and voluntary act and deed of
said company, for the uses and purposes therein mentioned, andon oath stated
that he/she is authorized to execute said instrument
IN WITNESSWHEREOF, I have hereunto set my hand and affixed my official
seal on the date /h e-
rJ
eii/nnaabb(oove spet forth
r V V/S/• '',
CEUA H.PoOIF
i, MY COMMISSIONEXPIRES
g
Apx
taON
E
Signature
w,__.,.
NOTARYPUBLIC in and for the
Tpvt residing at
MY COMMISSION EXPIRES' I/
iq
I l:3 W1
Version Date: 04/15/2008
PUBLIC WAY AGREEMENT
Page 15
DI.C Page 143 of 189
Performance Bond(Rights-of-Way)
Amount. $50.000.00 Bond No 6547679
KNOW ALL MEN BY THESE PRESENTS.
Thatwe, MCI Communications Services, Inc., 2400 North Glenville Drive, Richardson,
TX 75082 as Principal, and Safeco Insurance Company of America, Safeco Plaza,
Seattle WA 98185 as Surety,are held and firmly bound City of Auburn, Washington
as Obligee, in the sum of(Fifty Thousand )and 00/100 Dollars( $50,000.00
for the payment of which we bind ourselves,our heirs,executors, administrators,
successors and assigns,jointly and severally, by these presents.
WHEREAS,the Principal is required by the City of Aubum.WA code ACC Section
20.10.250, in effect at the effective date of this bond, to post this bond regarding the
Public Way Agreementgranted to MCI Communications Services. Inc. to install,
construct,erect,operate,maintain, repair, relocate and remove its facilities in,on,
upon, along and/or across those right(s)-of-way within the ( City of Auburn,WA
affected by the installation of fiber optic telecommunications. Facilities
shall include,butnot be limited to,roadways,curbs, sidewalks, sewer lines,culverts,
inlet, drainage facilities, signs, landscaping, and the like, as a condition for granting
agreement between (City of Auburn,WA ) and (MCI Communications Services,
Inc.
WHEREAS,the Obligee has agreed to accept this bond as security for performance
of Principals obligations under said agreement:
NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH that if
the Principal shall faithfully perform its obligations under said agreement, then this
obligation shall be void, otherwise to remain in full force and effect.
PROVIDED HOWEVER, that this bond is executed subject to the following express
provisions and conditions:
1 In the event of default by the Principal, Obligee shall deliver to Surety a written
statement of the details of such default within 30 days after the Obligee shall learn of the
same,such notice to be deliveredby certified mail to address of said Surety as stated
herein.
2. This bond may be terminated or canceled by surety by giving not less than sixty (60) days
written notice to the Obligee, stating therein the effective date of such termination or
cancellation. Such notice shall not limit or terminate any obligations resulting from
default by the Principal that may have accrued under this bond prior to the effective date
of such termination.
DI.C Page 144 of 189
3 Neither cancellation nor termination of this bond by Surety,nor inability of Principal to
file a replacement bond or replacement security for its obligations, shall constitute a loss
to the Obligee recoverable under this bond.
4 No right of action shall accrue on this bond for the use of any person, corporationor
entity other than the Obligee named herein or the heirs,executors,administrators or
successors of the Obligee
5 The aggregate liability of the surety is limited to the penalsum stated herein regardless of
the number of years this bond remains in force or the amount ornumber of claims
brought against this bond.
This bond shall not bind the Suretyunless it is accepted by the Obligee by signing
below.
IN WITNESS WHEREOF, the above bounded Principal andSurety have hereunto
signed and sealed this bond effective this 17th day of March , 20.0
MCI Communications Services, Inc.Safeco Insurance Company of America
By- By:
J " K e l Hartnett Menuel Jones,Attomey -Fact
Assistant Treasurer
for insurance p es onl
i
AcceptedbyObligee-
Signature&date above-Print Name,Title below)
DI.C Page 145 of 189
SafecoInsuranceCompany of America
POWER Safew Plaza
eransurance Comveny of America
OF ATTORNEY Seethe,WA 90185
KNOW ALL BYTHESE PRESENTS:
No. 13030
That SAFECOINSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a
WashingtonCorporation,doeseach hereby appoint
PATRICK BANNON;RACHEL COLE;MENUELJONES;ERIN M.MARGELIS;MYRNA L SMITH;BRIAN ST.CLAIR;
Washington,D,C..».....................................
Itstrueand lawful attorney(s)-in-fact,with fullauthority to execute onIts behalf fidelity and surety bonds or undertakings and other
documents of a similar character Issued in the course of Its business,and to bind the respective company thereby.
IN WITNESS WHEREOF SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF
AMERICA have each executed and attested these presents
this 14th
day of
September 2007
u
STEPHANIE DALEY-WATSON.SECRETARY TIM MIKOLAJEWSKI,SENIOR VICE-PRESIDENT,SURETY
CERTIFICATE
Extract from the By-Laws of SAFECOINSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCECOMPANY OF AMERICA:
Article V.Section 13.-FIDELITYAND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice
President appointedfor that purpose by the officer In charge of surety operations,shall each have authority to appointIndividuals as
attorneys-In-fact or under otherappropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other documents of similar character Issued by the company In the course of Its business...On any Instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any Instrument Conferring such authority or on any bond or
undertaking of the company the seal, or a facsimile thereof, may be Impressed or affixed or In any other manner reproduced;
provided,however,that the seal shall not be necessary to the validity of any such Instrument or undertaking'
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adapted July 28,1970.
On an certificate executed by the Secretary or an assistant secretary or the Company setting out,yI) Theprovisions of Article V,Section 13 of the By-Laws,and
ii) A copy of thepowervof-aflomey appointment,executed pursuantthereto,and
Iii) Certifying that said power-of-attorney appointment Is in full force and effect,
the signature of the certifying officer may be by facsimile,and the seal of the Company may bea facsimlle thereof.'
I,Slephenle Daley-Watson ,Secretary of SAFECO INSURANCECOMPANY OF AMERICA and of GENERALINSURANCE
COMPANY OF AMERICA,dohereby certify that the foregoingextractsof the By-Laws and of a Resolution of the Board of Directors
of these corporations,and of a Power of Attorney Issued pursuant therein,aretrue and correct,and that both the By-Laws,the Resolution
and the Power of Attorney are still In full force and effect.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation
IthisI -1-l'
day of
gv09r(j.ECPd1p9
13' G°pPO Tt
CORPORATE
SEAL w SEAL C U rkJ16vef
a 7953 102
f-Orr WASNk''
o
eIC «
s STEPHANIE DALEY-WATSON,SECRETARY
mwv
9afeco®an0 Ne 5arvco logo ere ngistaratl eatlamuks ol9afeco Carporaaon.
S-0974105 4/05 WEB POF
DI.C Page 146 of 189
ACORD,. CERTIFICATE OF LIABILITY INSURANCE D^TE03/11//YYYY)03/11/2008
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYADDRiskServicesNortheastInc
fka Aon Risk Services, Inc. of New York ANDCONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
199 water Street CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE
New York NY 10038-3551 USA COVERAGE AFFORDED BY THE POLICIESBELOW
PIONS- 866283-7122 FAX- 847 953-5390
INSURERS AFFORDING COVERAGE NAICB
INSURED INSURER A, American Home Assurance Co. 19380
MCI Communications services, Inc INSURER B:
C
140 west Street
New York NY 10007 USA INSURER f.
INSURER D.
9_
INSURER E.
ICOVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMEDABOVE FOR ME POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT TERM OR CONDITION OF ANYCONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY DE ISSUEDOR MAY
PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBEDHEREIN IS SUBLECTIO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUL-11 POLICIES.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADV POLICY BPYECTIY POLN'Y EXPRATTON
LW KtR TYPE OF INSURANCE POLICY NUMBER
DATEIMSADDIYYI BATC(NINI\DDIYT LIMITS
A eMLLIABII.T
1595312 06/30/07 06/30/08 CACTI OCCURRENCE 51,000000
General Liability (cXCOAIMERCIALGF.NFRALLIAMLITY DAMAGE TO RENTED 51,000,000
CLAIMSMADE [:] OCCUR
PREMISLq IEo meurerc[I
MIMEXP(AwwNOmxrap
PCRSONALAADVINIURY 11,000,000 p
AA
GENERAL AGGREGATE 52,000,000 q p
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS COMPOI'AG(1 2,000,000 Pnl
POLICY
IEC(
La
CIn
A AIITOMORMLE LIABILITY 1606848 06/30/07 06/30/08 IYIMIDNED SINGLE LIMIT
ANY AUTO
Auto Liability verizon 4 IPa anYkwl 51 000 000
A 1606849 06/30/07 06/30/08
a.ALL OWNED AUTM Auto Liability- verizon BOBBY INJURY
A SCIIEDULEDAUTOS CA1606847 06/30/07 06/30/08 (pm p(wnl c
Auto Liability- verizon
HIRED AUTOS
BODILY MIURY t
NONOWNEDAUTOS IPn saueml V
PROPERTY DAMAGE
Pn.c ')
GARAGE LIABILIT AUTOONLY BAACCIDENi
ANY AUTO OTHER TITAN EA AfC
AUTO ONLY:
AO(1
r,-,T"T,..
LIABILITY' EACH OCCURRENCE
CUCLAIMS MADE AGGREGATE
CTIDLf:
x I IRKERq COMPENSATION AND
wC STA T'IY -11
0.SIY
F.MPLOVERS'LIABILITY
R.L.EACH ACCIDENT
AYY PRINRICTOR/PARTNER I EXECUTIVE
OFFICER/MEMBER EXCLUDEM F..L.DISEAg'.-EA P,MPLOYFr
Wpm.JwN.,WH,SPECIAL PROVISIONS rt L.DISEASE-POLIO'LIMIT
b Wr
OITIER
DEB RIMON OF OPERATIONSM1 ATONSNEHICLESC CLUSIONS ADDED BY ENOORBFMENr15PECIAI PROVISIONS 25
Re. Right of way use permit
The City of Auburn is included as Additional insured as required by written contract. This coverage is primary and
non-contributory as required by written contract
CERTIFICATE.HOLDER I ANCELLATION
City of Auburn, WA SHOULD ANY OF TI IE ABOVE ULSCRIDED POLIC'I ES DE CANCELLED BEFORE THE EXPIRATION L_
ATtn Amber Mund DATE.THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL
25 west Main street lO DAYS WRITTEN NOTICE TO TRIG CERTIFICATE HOLDER NAMED TO THE LEFT
Auburn WA 98001 USA
BUT FAILURU TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER.ON AGFN7S OR REPRESENTATIVES,
Bhr
AUTHORIZED REPRESENTATIVE
ACORD 1542001/08)
Sew
ACORD CORPORATION/'
DI.C Page 147 of 189
POLICY NUMBER: GL 159-53-12 COMMERCIAL GENERAL LIABILITY
VERIZON COMMUNICATIONS INC. CG 20 10 07 04
THIS ENDORSEMENTCHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following
COMMERCIAL GENERALLIABILITY COVERAGEPART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s): Locations Of Covered Operations
AS REQUIRED BY WRITTEN CONTRACT OR
AGREEMENT
Information required to complete this Schedule if not shown above will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these
include as an additional insured the person(s) or additional insureds, the following additional exclu-
organization(s) shown in the Schedule, but only sions apply,
with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" ordamage" or "personal and advertising injury' property damage"occurring after
caused, in whole or in part,by:
1. All work, including materials, parts or equip-1 Your acts or omissions;or ment furnished in connection with such work,
2. The acts or omissions of those acting on your on the project(other than service, maintenance
behalf; or repairs) to be performed by or on behalf of
in the performanceof your ongoing operations for the additional insured(s) at the location of the
the additional insured(s) at the location(s) desig- coveredoperations has been completed or
nated above 2. That portion of "your work" out of which the
injury or damagearises has been put to Itsin-
tended useby any person or organization other
than another contractor or subcontractor en-
gaged in performing operations for a principal
as a part of the sameproject.
CG 20 10 07 04 C ISO Properties, Inc. 2004 Page 1 of 1
INSURED'S COPY
DI.C Page 148 of 189
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5029 - Purchase and Sale Agreement
Date:
January 8, 2014
Department:
Planning and Development
Attachments:
Attachment A - Resolution No. 5029
Draft Purchase and Sale Agreement
Attachment B - Map
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
The City is interested in acquiring certain vacant property for the Fenster Levy Setback
project known as the Rice Property. Staff has met with the sellers to review the
appraisals, one conducted by the City and one conducted by the sellers and discuss
purchase price. The City’s appraisal appraised the property at $39,000.00 and the
sellers appraisal at $45,000.00. The City offered $45,000.00 and the seller accepted
that purchase price. Budget for this acquisition was included in Budget Amendment #6.
Half, or $22,500.00 is being paid from Parks Conservation Futures’ funds and the
balance from Planning and Development Department budget. Budget Amendment #6
allocated the funds into Fund 321, Municipal Parks Construction Fund.
The subject property is a vacant property adjacent to the Fenster Nature Park project
located on 2nd Street SE east of V Street SE, and upon City acquisition the property will
become part of the Nature Park. Initially, the property will be used as a material staging
and fill stockpiling area for construction of the Fenster Levy Setback project. Long-term,
the City plans to utilize the property for vehicular and pedestrian access to the park, and
to access the new revetment maintenance road that will constructed as part of the levy
setback project.
Summary of the Purchase and Sale Agreement (PSA):
*Purchase Price - $45,000.00
*Closing no later than February 28, 2014; the seller is interested in moving quickly and
is the City.
AUBURN * MORE THAN YOU IMAGINEDDI.D Page 149 of 189
Staff Recommendation:
Staff requests that if the Committee is ready to take action on this item that the
Committee recommends approval of Resolution No. 5029 to full City Council.
Reviewed by Council Committees:
Other: Planning, Legal
Councilmember:Holman Staff:Chamberlain
Meeting Date:January 13, 2014 Item Number:DI.D
AUBURN * MORE THAN YOU IMAGINEDDI.D Page 150 of 189
Attachment A
--------------------------------------
Resolution No. 4955
May 10, 2013
Page 1 of 2
RESOLUTION NO. 5 0 2 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A PURCHASE AND SALE
AGREEMENT BETWEEN THE CITY OF AUBURN AND
JOHN RICE
WHEREAS, the John Rice owns real property located in the City of
Auburn, Washington; and
WHEREAS, the City desires to purchase the property and John Rice
desires to sell this property at price that is acceptable to the City; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn and the Auburn City Clerk
are hereby authorized to execute a Purchase and Sale Agreement between the
City of Auburn and John Rice for real property, which agreement shall be in
substantial conformity with the Agreement attached hereto as Exhibit “A” and
incorporated herein by this reference.
Section 2. The Mayor is hereby authorized to take such administrative
and/or procedural action as may be necessary and/or appropriate to carry out
the directives of this legislation and to accommodate the decision to purchase
the John Rice property.
DI.D Page 151 of 189
Attachment A
--------------------------------------
Resolution No. 4955
May 10, 2013
Page 2 of 2
Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
Dated and Signed this _____ day of _________________, 2014.
CITY OF AUBURN
_____________________________
NANCY BACKUS, MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
DI.D Page 152 of 189
Rice Property Acquisition
12.5.13
Page 1 of 12
PURCHASE AND SALE AGREEMENT
This PURCHASE AND SALE AGREEMENT (this “Agreement”) is entered into as of
the _____ day of ________, 2014, by and between the CITY OF AUBURN, a
Washington municipal corporation, as Seller (hereinafter the “City” or “Buyer”), and
JOHN RICE (hereinafter the “Seller”).
RECITALS
A. The Buyer is the owner of certain real property and all improvements
thereon (“Property”) located in the City of Auburn, County of King, Washington,
commonly known as the Rice property, which is legally described as follows:
THE NORTH 140 FEET LESS THE WEST 126 FEET OF LOT 4 IN
BLOCK 4 OF EAST AUBURN GARDEN TRACTS, AS PER PLAT
RECORDED IN VOLUME 18 OF PLATS, PAGE 98, RECORDS OF KING
COUNTY AUDITOR; SITUATE IN THE COUNTY OF KING, STATE OF
WASHINGTON.
B. Seller desires to sell the Property to City, on the terms and conditions set
forth herein.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby mutually acknowledged, Buyer and Seller hereby agree
as follows:
1. Certain Defined Terms. For purposes of this Agreement, the terms set forth
below shall have the meaning assigned to them:
1.1 “Closing” or “Close of Escrow” means the recordation of the Deed in the Official
Records and Seller’s receipt of the Purchase Price.
1.2 “Closing Date” means any mutually agreeable date on or before February 28,
2014.
1.3 “Escrow” means the escrow opened with Escrow Agent for the consummation of
the transaction described in this Agreement.
1.4 “Escrow Agent” means Natalie Evans of Stewart Title Company (206.770.8821)
whose address is 1420 5th Avenue, Suite 500, Seattle, WA 98101.
1.5 “Official Records” means the official real property records of King County,
Washington.
DI.D Page 153 of 189
Rice Property Acquisition
12.5.13
Page 2 of 12
1.6 “Opening of Escrow” means the date a fully executed copy of this Agreement is
deposited with Escrow Agent.
1.7 “Permitted Exceptions” has the meaning as set forth in Section 6.3 below.
1.8 “Purchase Price” has the meaning as set forth in Section 3.
1.9 “Title Company” means Stewart Title Company.
1.10 “Title Policy” means an ALTA (1970 Form B) extended coverage owner’s policy
of title insurance issued by the Title Company to Buyer with coverage in the amount of
purchase price, showing title to the Property vested in Buyer subject only to the Permitted
Exceptions.
2. Purchase and Sale. The Seller agrees to sell to City, and City agrees to purchase
from Seller, the Property upon the terms and conditions set forth in this Agreement.
3. Purchase Price; Cash Payment. The total cash purchase price for the Property (the
“Purchase Price”) shall be Forty-five Thousand Dollars and no cents ($45,000.00). The
Purchase Price shall be paid to Seller via a wire transfer or check at Closing.
4. Earnest Money Deposit. On execution of this Agreement, Buyer shall deposit
with Escrow Agent One Thousand Dollars and no cents ($1,000.00) in cash (the
“Deposit”), which shall be held by Escrow Agent as an earnest money deposit hereunder.
The Deposit shall be held in Escrow and applied or disposed of by Escrow Agent as
provided herein. Escrow Agent shall place the Deposit in an interest-bearing account
approved by City and Buyer and all interest earned thereon shall be added to and become
a part of the Deposit.
5. Due Diligence.
5.1 Due Diligence Period. Buyer shall have the right for a period of thirty (30) days
from the date of this Agreement (the “Due Diligence Period”) to conduct Buyer’s due
diligence review, examination and inspection of all matters pertaining to its acquisition of
the Property, including such inspections, tests, and surveys as Buyer deems appropriate to
determine the suitability of the Property for Buyer’s intended use. Seller shall provide the
City and City’s agents and consultants with reasonable access to the Property and, to the
extent such information is in the possession or control of Seller, shall provide reasonable
access to appropriate information respecting the Property, subject to the terms and
conditions of this Agreement. City’s obligation to purchase the Property shall be
contingent upon its approval of such property after conducting its due diligence review.
If, based upon City’s review, examination and inspection, City shall determine in its sole
discretion that it intends to acquire the Property, then City shall promptly notify Seller of
such determination in writing prior to the expiration of the Due Diligence Period,
DI.D Page 154 of 189
Rice Property Acquisition
12.5.13
Page 3 of 12
whereupon City’s due diligence contingency shall be deemed satisfied and waived, the
Deposit shall become nonrefundable (except as otherwise provided herein), and City shall
proceed to Closing. In the event that City shall fail to have delivered such notice to Seller
on or before the expiration of the Due Diligence Period, City shall have been deemed to
be satisfied with the results of its aforesaid review, and shall be deemed to have waived
its right to terminate this Agreement pursuant to this subsection. If City shall have timely
and affirmatively advised the Seller in writing of its dissatisfaction with the aforesaid
matters based on its review, then this Agreement shall automatically terminate, the
Deposit shall be returned to the City, and the parties’ rights under this Agreement shall be
of no further force or effect.
5.2 Title Commitment. Promptly after mutual execution of this Agreement, Seller
shall obtain an extended preliminary title insurance commitment covering the Property
from the Title Company (the “Commitment”) as is consistent with Section 9 together
with copies of all recorded documents listed as special exceptions therein. Approval by
Buyer of the exceptions to title set forth in the Commitment (other than as hereinafter set
forth) shall be a condition precedent to Buyer’s obligation to purchase the Property.
Unless Buyer gives written notice that it disapproves the exceptions to title shown on the
Commitment (other than the exceptions to title approved by Buyer and described in
Section 6.3 below), stating the exceptions so disapproved, within thirty (30) days after the
date of this Agreement, Buyer shall be deemed to have approved such exceptions. If
Buyer disapproves any title exceptions, Seller shall have a ten (10) day period after its
receipt of Buyer’s written notice of disapproval of the same within which to provide
written notice to Buyer as to which of such disapproved title exceptions the Seller will
remove (or cause to be removed) from title; provided, however, that Seller shall not be
required to actually remove such exception(s) until Closing. If, for any reason, Seller’s
notice given pursuant to the immediately preceding sentence does not covenant to remove
all of Buyer’s disapproved title exceptions at or prior to Closing, Buyer shall have the
right to terminate this Agreement by written notice to Seller and Escrow Agent given
within ten (10) days after the earlier of the expiration of such ten (10) day period or the
date Seller informs Buyer that it does not intend to remove the disapproved items (the
“Termination Notice”). Buyer’s failure to deliver the Termination Notice within such ten
(10) day period shall be deemed Buyer’s approval of any such previously disapproved
title exception. If Buyer delivers the Termination Notice within such ten (10) day period,
the obligation of Seller to sell, and Buyer to buy, the Property as herein provided shall
terminate and the Deposit shall be returned to Buyer. Buyer shall have the option to
waive the condition precedent set forth in this Section 6.2 by written notice to Seller. In
the event of such waiver, such condition precedent shall be deemed satisfied.
5.3 Permitted Exceptions. In addition to such other exceptions to title as may be
approved by Buyer pursuant to the provisions of Section 6.2 above, Buyer shall accept
title to the Property subject to the following (collectively, the “Permitted Exceptions”):
DI.D Page 155 of 189
Rice Property Acquisition
12.5.13
Page 4 of 12
5.3.1 The printed exceptions which appear in the ALTA (Form 1970B) form extended
coverage owner’s policy of title insurance issued by Title Company in the State of
Washington; and items created by, or on behalf of, Buyer.
5.4 No New Leases or Contracts. Prior to Closing, Seller shall not enter into any new
leases, contracts or agreements affecting the Property without the prior written consent of
Buyer, except the Seller may enter into interim contracts or agreements in connection
with the management, maintenance, repair or preservation of the Property in the normal
course of business if each such contract or agreement expires or is terminated at or prior
to Closing.
6. Buyer ’s Right of Entry. Buyer, and its agents and consultants, at Buyer’s sole
expense and risk, may enter the Property during the term of this Agreement at reasonable
times scheduled in advance with Seller for the purpose of Buyer’s due diligence study of
the Property. Buyer shall (a) exercise care at all times on or about the Property, and (b)
take precautions for the prevention of injury to persons or damage to property on or about
the Property. Buyer shall keep the Property free from all mechanics’, materialmen’s and
other liens, and all claims thereof, arising from any work or labor done, services
performed, or materials and supplies furnished in with Buyer’s actions in the exercise of
its right of entry on the Property, and Buyer shall indemnify and defend Seller against
and hold Seller harmless from all such liens and claims.
7. Closing.
7.1 Time for Closing. This purchase and sale shall be closed in the office of Escrow
Agent on the Closing Date. Buyer and Seller shall deposit in Escrow with Escrow Agent
all instruments, documents and monies necessary to complete the sale in accordance with
this Agreement. Funds held in reserve accounts pursuant to escrow instructions shall be
deemed, for purposes of this definition, as available for disbursement to Seller.
7.2 Closing Costs.
7.2.1 Seller’s Costs. Seller shall pay the Seller’s share of prorations, if any, and excise
real estate taxes.
7.2.2 Buyer’s Costs. Buyer shall pay (a) all escrow fees and costs, (b) the recording
fees for the Deed, (c) Buyer ’s share of prorations, if any and, (d) all premiums charged.
for basic and extended coverage for the Title Policy and any additional endorsements or
coverage Buyer may require, including applicable sales tax.
7.2.3 Other Costs. Buyer and Seller shall each pay its own legal fees and fees of its
own consultants. All other costs and expenses shall be allocated between Buyer and City
in accordance with the customary practice of King County, Washington.
DI.D Page 156 of 189
Rice Property Acquisition
12.5.13
Page 5 of 12
7.3 Real Property Taxation. City shall be responsible for all real property taxes due
7and owing prior to the Closing.
7.4 Closing Documents.
7.4.1 Seller’s Documents. At Closing, Seller shall deliver to Escrow Agent the
following instruments and documents:
7.4.1.1 The executed and acknowledged Deed in the form attached hereto as
Exhibit “A,” conveying the Property to Buyer;
7.4.1.2 The executed real estate excise tax affidavit to accompany the Deed; and
7.4.1.3 An executed nonforeign person affidavit in the form required under
Section 1445 of the Internal Revenue Code.
7.4.2 Buyer’s Documents. At Closing, Buyer shall deliver to Escrow Agent the
following funds, instruments and documents:
7.4.2.1 The balance of the Purchase Price in accordance with Section 3;
7.4.2.2 The executed real estate excise tax affidavit referenced in Section 8.4.1.2
above.
7.5. Possession. Buyer shall be entitled to possession of the Property upon Closing.
9. Title Insurance. As soon as available after Closing, Seller shall provide to Buyer
the Title Policy, dated as of the Closing Date, subject only to the Permitted Exceptions.
10. Representations and Warranties.
10.1 Seller’s Representations and Warranties. In addition to any other representations
or warranties of City elsewhere in this Agreement, Seller represents and warrants to
Buyer now, and as of the Date of Closing, that:
10.1.1 Authority. That the Seller has full power and authority to execute this Agreement
and perform Seller’s obligations hereunder, and all necessary action to authorize this
transaction has been taken, except as specifically provided herein.
10.1.2 Hazardous Substances. Seller has not received notification of any kind from any
governmental agency suggesting that the Property is or may be targeted for a Hazardous
Substances cleanup; to the best of Seller’s knowledge the Property has not been used (a)
for the storage, disposal or discharge of oil, solvents, fuel, chemicals or any type of toxic,
dangerous, hazardous or biological waste or substance (collectively, “Hazardous
Substances”), or (b) as a landfill or waste disposal site; to the best of Seller’s knowledge
DI.D Page 157 of 189
Rice Property Acquisition
12.5.13
Page 6 of 12
the Property has not been contaminated with any Hazardous Substances; and to the best
of Seller’s knowledge, there are no underground storage tanks on the Property.
10.2 Buyer’s Representations and Warranties. In addition to any other representations
and warranties of Buyer elsewhere in this Agreement, Buyer represents and warrants to
Seller now, and as of the Date of Closing, that (a) Buyer has full power to execute,
deliver and carry out the terms and provisions of this Agreement, and has taken all
necessary action to authorize the execution, delivery and performance of this Agreement;
and (b) the individual executing this Agreement on behalf of Buyer has the authority to
bind Buyer to the terms and conditions of this Agreement.
10.3 “AS IS” CONDITION OF PROPERTY. THE PURCHASE PRICE REFLECTS
THAT THE PROPERTY IS BEING PURCHASED BY BUYER ON AN “AS IS”
“WHERE IS” AND “WITH ALL FAULTS” BASIS, EXCEPT TO THE EXTENT OF
REPRESENTATIONS AND WARRANTIES SPECIFICALLY MADE BY SELLER
HEREIN OR IN THE DEED OR OTHER DOCUMENTS TO BE DELIVERED BY
SELLER AT CLOSING. BUYER HEREBY WAIVES AND RELINQUISHES ALL
RIGHTS AND PRIVILEGES ARISING OUT OF, OR WITH RESPECT TO, ANY
REPRESENTATIONS, WARRANTIES OR COVENANTS, WHETHER EXPRESS OR
IMPLIED, WHICH MAY HAVE BEEN MADE OR GIVEN, OR WHICH MAY BE
DEEMED TO HAVE BEEN MADE OR GIVEN, BY SELLER OR ITS
REPRESENTATIVES, INCLUDING BUT NOT LIMITED TO ANY BROKER,
EXCEPT FOR THOSE REPRESENTATIONS, WARRANTIES AND COVENANTS
SET FORTH IN THIS AGREEMENT OR IN ANY DOCUMENTS TO BE EXECUTED
AND DELIVERED BY SELLER AT CLOSING.
EXCEPT TO THE EXTENT OF ANY REPRESENTATIONS OR WARRANTIES SET
FORTH ELSEWHERE IN THIS AGREEMENT OR IN ANY DOCUMENTS TO BE
EXECUTED AND DELIVERED BY SELLER AT CLOSING, BUYER HAS NOT
RELIED UPON AND WILL NOT RELY UPON, AND SELLER EXPRESSLY
DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO,
AND SHALL HAVE NO LIABILITY FOR: (I) THE CONDITION OF THE
PROPERTY OR ANY BUILDINGS, STRUCTURES OR IMPROVEMENTS
LOCATED THEREON OR THE SUITABILITY THEREOF FOR HABITATION,
OCCUPANCY OR FOR BUYER’S INTENDED USE OR FOR ANY USE
WHATSOEVER; (II) ANY APPLICABLE BUILDING, ZONING OR FIRE LAWS OR
REGULATIONS OR WITH RESPECT TO COMPLIANCE THEREWITH OR WITH
RESPECT TO THE EXISTENCE OF OR COMPLIANCE WITH ANY REQUIRED
PERMITS, IF ANY, OF ANY GOVERNMENTAL AGENCY; (III) THE
AVAILABILITY OR EXISTENCE OF ANY WATER, SEWER OR UTILITIES, ANY
RIGHTS THERETO, OR ANY WATER, SEWER OR UTILITY DISTRICTS; (IV)
ACCESS TO ANY PUBLIC OR PRIVATE SANITARY SEWER SYSTEM; (V) THE
FACT THAT ALL OR A PORTION OF THE PROPERTY MAY BE LOCATED ON
OR NEAR AN EARTHQUAKE FAULT LINE; OR (VI) EXCEPT AS SPECIFICALLY
SET FORTH ABOVE, THE PRESENCE OF ANY HAZARDOUS SUBSTANCES IN
DI.D Page 158 of 189
Rice Property Acquisition
12.5.13
Page 7 of 12
ANY IMPROVEMENTS ON THE PROPERTY, INCLUDING WITHOUT
LIMITATION ASBESTOS OR FORMALDEHYDE, OR THE PRESENCE OF ANY
ENVIRONMENTALLY HAZARDOUS WASTES OR MATERIALS ON OR UNDER
THE PROPERTY. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, EXCEPT TO THE EXTENT OF ANY REPRESENTATIONS OR
WARRANTIES SET FORTH ELSEWHERE IN THIS AGREEMENT OR IN ANY
DOCUMENTS TO BE EXECUTED AND DELIVERED BY CITY AT CLOSING,
CITY SHALL HAVE NO LIABILITY TO BUYER WITH RESPECT TO THE
CONDITION OF THE PROPERTY UNDER COMMON LAW, OR ANY FEDERAL,
STATE, OR LOCAL LAW OR REGULATION, INCLUDING BUT NOT LIMITED TO
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND
LIABILITY ACT OF 1980 AS AMENDED, 42 U.S.C.A. SECTIONS 9601 ET SEQ.,
AND THE WASHINGTON MODEL TOXICS CONTROL ACT (“MTCA”), RCW
70.105D. BUYER HEREBY RELEASES AND WAIVES ANY AND ALL CLAIMS
WHICH THE BUYER HAS OR MAY HAVE AGAINST CITY UNDER ANY OF THE
FOREGOING LAWS OR WITH RESPECT TO THE CONDITION OF THE
PROPERTY, EXCEPT TO THE EXTENT OF ANY CLAIMS BUYER MAY HAVE
ARISING FROM ANY EXPRESS REPRESENTATIONS, WARRANTIES OR
COVENANTS OF CITY UNDER THIS AGREEMENT OR ANY DOCUMENTS TO
BE EXECUTED AND DELIVERED BY CITY AT CLOSING. BUYER
ACKNOWLEDGES TO CITY THAT BUYER IS GIVEN THE OPPORTUNITY
UNDER THIS AGREEMENT TO FULLY INSPECT THE PROPERTY AND BUYER
ASSUMES THE RESPONSIBILITY AND RISKS OF ALL DEFECTS AND
CONDITIONS, INCLUDING SUCH DEFECTS AND CONDITIONS, IF ANY, THAT
CANNOT BE OBSERVED BY CASUAL INSPECTION, SUBJECT TO THE
EXCEPTION OF RIGHTS EXPRESSLY SET FORTH ABOVE.
BUYER: _______________ SELLER: ________________
11. Maintenance of Property; Risk of Loss, Condemnation.
11.1 Maintenance of Property. From the date of this Agreement until the Closing Date
(or any earlier termination of this Agreement), Seller agrees to maintain the Property in
substantially the same condition existing as of the date hereof, ordinary wear and tear,
damage by casualty excepted.
11.2 Risk of Loss; Condemnation. Risk of loss of or damage to the improvements on
the Property shall be borne by Seller at all times and no event of casualty or damage shall
affect the parties’ obligations hereunder or the Purchase Price, however, Buyer shall have
the right to receive any insurance proceeds due Seller in connection with any casualty or
damage and Seller hereby covenants to maintain commercially reasonable casualty
insurance in place with respect to the Property at all times prior to Closing. City shall
promptly notify Buyer of any condemnation or eminent domain proceeding which affects
the Property, and City covenants and agrees not to commence or pursue any such action.
DI.D Page 159 of 189
Rice Property Acquisition
12.5.13
Page 8 of 12
In the event of any condemnation or eminent domain proceeding by any entity other than
City, or a deed in lieu or under threat thereof, which affects a material portion of the
Property, Buyer may elect either to terminate this Agreement, or to purchase the Property
in the condition existing on the Closing Date without adjustment of the Purchase Price. If
Buyer elects to terminate this Agreement, the Deposit shall be returned to Buyer. If
Buyer elects to purchase the Property, City shall not be liable to restore same, and Buyer
shall be entitled to any condemnation award or payment in lieu thereof payable to City in
its capacity as the owner thereof.
12. Default.
12.1 Time of Essence. Time is of the essence of this Agreement.
12.2 Seller’s Remedies for Buyer’s Default or Failure to Close. If Buyer fails, without
legal excuse, to complete the purchase of the Property in accordance with this
Agreement, Seller’s sole and exclusive remedies shall be to retain the Deposit as
liquidated damages. Buyer expressly agrees that the retention of the Deposit by Seller
represents a reasonable estimation of the damages in the event of Buyer’s default and
failure to close hereunder, that actual damages may be difficult to ascertain and that this
provision does not constitute a penalty. In this respect, Buyer and Seller acknowledge
that these damages have been specifically negotiated between Buyer and Seller and are,
inter alia, to compensate Seller for delaying the eventual sale of the Property and to
compensate Seller or its costs and expenses associated with this Agreement. Buyer
hereby waives the rights and benefits of any law, rule, regulation or order now or
hereafter existing that would allow Buyer to claim a refund of the Deposit as unearned
earnest money, a penalty or for any other reason except default by Seller.
12.3 Buyer’s Remedies for Seller’s Default. If Seller fails to complete the sale of the
Property in accordance with this Agreement, Buyer shall have and may enforce the
following exclusive remedies: (a) seek specific performance; (b) terminate this
Agreement, receive a refund of the Deposit and recover from Seller all of Buyer’s actual
third-party costs and expenses incurred by it in connection with the transaction and the
Project; or (c) seek rescission of this Agreement and receive a refund of the Deposit.
13. Notices. All notices, demands and other communications required or permitted to
be given hereunder shall be in writing, and shall be sent by personal delivery (including
by means of professional messenger or courier service) or registered or certified mail,
postage-prepaid, return-receipt requested, or by email at the addresses provided herein.
Notice shall be deemed to have been given if personally delivered or sent by email, upon
receipt, if sent b y mail, two (2) days after duly deposited in the U.S. Mail to all of the
addresses designated for such party.
The parties’ respective addresses for notices are as follows:
DI.D Page 160 of 189
Rice Property Acquisition
12.5.13
Page 9 of 12
If to City: City of Auburn
Planning & Development Department
25 West Main Street
Auburn, WA 98001-4998
Attn: Elizabeth Chamberlain, Planning Services Manager
Email: echamberlain@auburnwa.gov
With copies to: City Attorney’s Office
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Attn: City Attorney
Email: sgross@auburnwa.gov; dheid@auburnwa.gov
If to Seller:
Mr. John Rice
104 L Street
Auburn, WA 98071-1294
Email: bertkeene@hotmail.com
Notice of change of address shall be given by written notice in the manner detailed in this
Section 13.
14. General.
14.1. Entire Agreement. This is the entire agreement of Buyer and Seller with respect to
the matters covered hereby and supersedes all prior agreements between them, written or
oral. This Agreement may be modified only in writing, signed by Buyer and Seller. Any
waivers hereunder must be in writing. No waiver of any right or remedy in the event of
default hereunder shall constitute a waiver of such right or remedy in the event of any
subsequent default. This Agreement shall be governed by the laws of the State of
Washington. Venue for disputes under this agreement shall lie with the Superior Court of
King County, Washington.
14.2 No Third Party Beneficiaries/Severability. This Agreement is for the benefit only of
the parties hereto and shall inure to the benefit of and bind the heirs, personal
representatives, successors and permitted assigns of the parties hereto. The invalidity or
unenforceability of any provision of this Agreement shall not affect the validity or
enforceability of any other provision hereof. This Agreement may be executed in
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
15. Attorneys’ Fees. In the event suit or action is instituted to interpret or enforce the
terms of this Agreement, the prevailing party therein shall be entitled to recover from the
DI.D Page 161 of 189
Rice Property Acquisition
12.5.13
Page 10 of 12
other party such sum as the Court may adjudge reasonable as attorneys’ fees, including
fees incurred at trial, on any appeal and in any petition for review.
16. Exclusivity. During the term of this Agreement Seller shall not market nor list the
Property for sale, nor accept any offers from third parties with respect to sale of the
Property.
17. Reservation of Police Power. Notwithstanding anything to the contrary set forth
herein, Seller understands and acknowledges that the City’s authority to exercise its
police (regulatory) powers in accordance with applicable law shall not be deemed limited
by the provisions of this Agreement.
18. City Council Approval. The Seller acknowledges that this Agreement does not
bind the City of Auburn until the City Council approves the Purchase Agreement and the
Mayor executes the Agreement.
19. Exhibits. Exhibit A attached hereto is incorporated herein as if fully set forth.
SIGNED in duplicate original as of the date first above written.
CITY OF AUBURN SELLER
________________________________ By _____________________________
Peter B. Lewis, Mayor John Rice, Property Owner
Attest:
________________________________
Danielle Daskam, City Clerk
Approved as to form:
________________________________
Daniel B. Heid, Auburn City Attorney
EXHIBITS
Exhibit A, Warranty Deed
DI.D Page 162 of 189
Rice Property Acquisition
12.5.13
Page 11 of 12
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recording information.
WARRANTY DEED
Reference # (if applicable): N/A
Grantor/Borrower: John Rice
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: THE NORTH 140 FEET LESS THE WEST
126 FEET OF LOT 4 IN BLOCK 4 OF
EAST AUBURN GARDEN TRACTS, AS
PER PLAT RECORDED IN VOLUME 18
OF PLATS, PAGE 98, RECORDS OF
KING COUNTY AUDITOR; SITUATE IN
THE COUNTY OF KING, STATE OF
WASHINGTON.
Assessor’s Tax Parcel ID#: 2154000120
For and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, Grantor, John J. Rice, hereby conveys and warrants to the City of Auburn, a municipal corporation of the State of Washington, Grantee herein, its successors and assigns, the property legally described and depicted in Exhibit “A,” attached hereto and incorporated herein by this reference (the “Property”).
IN WITNESS WHEREOF, the parties have caused this instrument to be executed
by its proper officer(s) this _____ day of ______________, 2013.
Grantor:
John J. Rice
By: ______________________________
Date Signed:
__________________________
DI.D Page 163 of 189
Rice Property Acquisition
12.5.13
Page 12 of 12
STATE OF _______________ )
)ss.
County of ________________ )
STATE OF WASHINGTON )
)ss.
County of King )
I certify that I know or have satisfactory evidence that is the person who
appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated
that he was authorized to execute the instrument and acknowledged it as the Mayor of the City of
Auburn, a Washington municipal corporation, to be the free and voluntary act of such party for the
uses and purposes mentioned in this instrument.
Dated _______________________
_________________________________________
_________________________________________
Notary Public in and for the State of ___________
residing at
My appointment expires
DI.D Page 164 of 189
Rice Property Proposed Acquisition
Printed Date:
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
1/8/2014
DI.D Page 165 of 189
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5030 - Pierce County Countywide Planning
Policies
Date:
January 8, 2014
Department:
Planning and Development
Attachments:
Attachment A - Resolution No. 5030
Attachment B - PC Ordinance and
Amended CPPs
Attachment C - Letter from PCRC Chair
Attachment D - Map of Pierce County
Centers
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
In February 2012, the Pierce County Regional Council (PCRC) sought applications from
jurisdictions to designate Centers of Local Importance for the 2012 transportation
funding cycle. Auburn submitted an application requesting that the Pierce County
portion of the City be designated a local center. Subsequent to the transportation
funding cycle, the Growth Management Coordinating Committee (staff committee that
supports the Pierce County Regional Council) was charged with developing criteria for
designating Center of Local Importance with the result being recommended
amendments to the Pierce County Countywide Planning Policies (CPPs).
At the March 21, 2013 PCRC meeting, the PCRC recommended approval of the
amended CPPs to the full County Council. The County Council held a public hearing on
September 10, 2013 and approved the amended CPPs on September 24, 2013. Once
the County Council takes approval action, the amended CPPs are sent to the cities and
towns in Pierce County for ratification.
The amendments to the CPPs become effective when 60 percent of the jurisdictions in
Pierce County representing 75 percent of the total population adopt the amendments.
There is an 180-day approval process for amendments to the CPPs. Jurisdictions may
take action to approve or disapprove the interlocal agreement, or the absence of a
legislative action to disapprove the proposed amendment by March 23, 2014 then
amendments are automatically in effect.
AUBURN * MORE THAN YOU IMAGINEDDI.E Page 166 of 189
Reviewed by Council Committees:
Planning And Community Development Other: Planning, Legal
Councilmember:Holman Staff:Chamberlain
Meeting Date:January 13, 2014 Item Number:DI.E
AUBURN * MORE THAN YOU IMAGINEDDI.E Page 167 of 189
_______________________
Resolution No. 5030
January 8, 2014
Page 1 of 3
RESOLUTION NO. 5 0 3 0
A RESOLUTION OF THE CITY OF AUBURN,
WASHINGTON, APPROVING AND AUTHORIZING
EXECUTION OF AN INTERLOCAL AGREEMENT
WITH PIERCE COUNTY, THEREBY AMENDING THE
PIERCE COUNTY COUNTYWIDE PLANNING
POLICIES FOR CENTERS OF LOCAL IMPORANTCE
WHEREAS, on July 1, 1990, the Growth Management Act (the GMA) became
effective (Chapter 36.70A Revised Code of Washington); and
WHEREAS, the Growth Management Act requires Counties, Cities, and Towns
to plan for housing affordable to all economic segments of the population; and
WHEREAS, on January 31, 1995, the Pierce County Council passed Resolution
R95-17 affirming the commitment of the County to continue discussions with other local
jurisdictions to resolve implementation of the Growth Management Act; and
WHEREAS, the Pierce County Countywide Planning Policies are written policy
statements which are to be used solely for establishing a countywide framework from
which the County and Municipal comprehensive plans are developed and adopted; and
WHEREAS, the City participated in the amendment process and helped develop
the proposed Pierce County Countywide Planning Policies through participation in
Pierce County’s Growth Management Coordinating Committee (GMCC), a staff level
committee that reviews amendments to the Pierce County Countywide Planning
Policies and makes recommendations to the Pierce County Regional Council (PCRC);
and
WHEREAS, the Pierce County Regional Council recommended adoption of the
proposed amendments to the Pierce County Countywide Planning Policies on March
21, 2013; and
DI.E Page 168 of 189
_______________________
Resolution No. 5030
January 8, 2014
Page 2 of 3
WHEREAS, the Pierce County Council adopted Ordinance No. 2013-53s on
September 24, 2013; and
WHEREAS, amendments to the Pierce County Countywide Planning Policies
must be adopted through amendment of the original interlocal agreement or by a new
interlocal agreement ratified by 60 percent of member jurisdictions in Pierce County
representing 75 percent of the total population; and
WHEREAS, an interlocal agreement titled “Amendments to the Pierce County
Countywide Planning Policies” was developed for the purpose of implementing the
recommended amendments.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
HEREBY RESOLVES as follows:
Section 1. The amendments to the Pierce County Countywide Planning
Policies are attached as Exhibit A to this Resolution.
Section 2. The Mayor is authorized to execute the interlocal agreement for the
purpose of amending the Pierce County Countywide Planning Policies in accordance
with the requirements of the Interlocal Cooperation Act of 1967, Chapter 39.34 RCW.
Section 3. That a copy of the resolution and signed interlocal agreement
authorizing approval shall be provided to Pierce County.
Section 4. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 5. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and signed this _____ day of _________________, 2014.
DI.E Page 169 of 189
_______________________
Resolution No. 5030
January 8, 2014
Page 3 of 3
CITY OF AUBURN
_________________________
NANCY BACKUS
MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
DI.E Page 170 of 189
DI.E Page 171 of 189
DI.E Page 172 of 189
DI.E Page 173 of 189
DI.E Page 174 of 189
DI.E Page 175 of 189
DI.E Page 176 of 189
DI.E Page 177 of 189
DI.E Page 178 of 189
DI.E Page 179 of 189
DI.E Page 180 of 189
DI.E Page 181 of 189
Pierce County Regional Council
2401 South 35th Street, Room 228
Tacoma, Washington 98409
(253) 798-7156
February 2, 2012
To: Mayor, Staff and PCRC Representatives
RE: Centers of Particular Local Interest
At the meeting of the Pierce County Regional Council (PCRC) on January 26, 2012, a discussion occurred specific
to “Centers of Particular Interest” as it relates to VISION 2040’s (V2040) language referring to “town centers and
activity nodes” and the allocation of transportation funding. This discussion was initiated through a request by the
Pierce County Transportation Coordinating Committee (TCC) with consultation with the Pierce County Growth
Management Coordinating Committee (GMCC).
As you are aware, we are on the verge of beginning another cycle of competition for federal funds managed by
PSRC. Historically, for the Countywide share of the funds (not the Regional share), the policy has been that
transportation projects in or serving local centers as well as Regional Centers were eligible to receive federal
funding; however, since there was no definition or identification of these areas the TCC Scoring Committee has had
to take a more subjective approach to determine if a project was really associated with a local center. Consequently,
each member of the Scoring Committee has been left to determine individually which projects adequately support
V2040’s “town centers and activity nodes” language. The PCRC is being asked to remove this subjectivity from this
year’s Countywide funding scoring process. This may be achieved through the identification/ compilation of “Local
Centers” as submitted by the County and cities and towns and agreed to by the PCRC.
At this time PCRC is formally requesting a list and supporting documentation from each jurisdiction specifying its
“local centers” and “activity nodes.” Supporting documentation could include any past legislative action, a
completed study, a master plan or anything else a jurisdiction believes makes its case for the local significance of a
particular area. The submitted local centers will be compiled on a map and presented to the GMCC along with the
associated documentation. Please note that this process is completely separate from the CPPs formal process for
jurisdictions to nominate new Regional Growth Centers and Manufacturing Centers.
Again, it has not yet been determined by PCRC if this list will be used in the current round of Countywide
competitive federal transportation funding through PSRC. If agreed to, we would use the list solely to aid in scoring
application for the current (2012) funding competition. Our intention is to have the GMCC review the submitted
proposals and forward a recommendation to the PCRC for consideration at its March meeting.
Because of the tight timeline associated with the transportation funding process, it is vital that the GMCC be able to
start reviewing any Local Centers to be considered at its next meeting on February 23. Please submit your list and
supporting documentation to Toni Fairbanks, PCRC Clerk, at tfairba@co.pierce.wa.us. If you have any technical
questions, please direct them through your GMCC representative to Ian Munce, imunce@ci.tacoma.wa.us. Only
proposals submitted by 4:30 p.m. on February 17, 2012, will be considered.
Thank you,
Glenn Hull
PCRC Chair.
DI.E Page 182 of 189
§¨¦705
§¨¦5
UV167
UV16
UV410
UV509
UV512
UV7
UV507
UV509
UV162
UV302
UV16
UV162
UV302
UV702
UV99
UV161
§¨¦5
§¨¦5
UV7
UV7
UV161
UV7
UV410
UV165
UV165
UV509
UV161
UV161
UV410
UV167
UV512
UV161
UV7
UV162
UV16
UV167
UV161
UV7
UV16
UV99
§¨¦5
UV161
§¨¦5
Auburn Local CenterFife Center Phase 2
CommunityCenter
Fife Center Phase 1
Fife Center Phase 3
Sumner TownCenter
NeighborhoodCenter
EdgewoodMeridianCenters
SteilacoomTown Center
Milton WestActivity Node MiltonEastActivityNode
Cirque - OrchardActivity Node
DowntownBusinessDistrict
Orting Plaza
Town Center Plaza
New Gate
East Gate
Main Gate
MiltonMixed-UseTown Center
South Gate41st St Gate
Liberty Gate
I Street Gate
Rainier Gate
Dupont Gate
D Street Gate
MadiganGate
Center Dr Gate
Scout's Out Gate
Commercial Gate
LogisticsCenter Gate
TransmissionLine Gate
Military FamilyHousing Gate
Sprinker ActivityNode
South Hill UrbanVillage North
112th/Canyon RoadActivity Node
Garfield Street /PLU Activity Node
South Hill UrbanVillage South
GrahamActivityNode
176th/Pacific Ave.Activity Node
Key CenterActivity Node
MidlandActivityNode
NeighborhoodCenter
NeighborhoodCenter
NeighborhoodCenter
CommunityCenter
CommunityCenter
CommunityCenter
CommunityCenter
CommunityCenter
CommunityCenter
NeighborhoodCenter
NeighborhoodCenter
Camp MurrayGate
Gig HarborWestside
Gig HarborNorth
Roy Gate
Nisqually Rd Gate
Chambers CreekPropertiesActivity Node
Proposed RegionalGrowth Center
Sumner / Pacific MIC
Nalley ValleyCandidate Center
PuyallupDowntown
South Hill
Frederickson
Lakewood
TacomaMall
DowntownTacoma
Port ofTacoma
Tacoma
Lakewood
Puyallup
Fife
Sumner
Dupont
Edgewood
Bonney Lake
Gig Harbor
University Place
Orting
Milton
Auburn
Fircrest
Eatonville
Steilacoom
Roy
Pacific
Buckley
Wilkeson
Carbonado
Ruston
South Prairie
8T
H
A
V
E
6TH AV
CA
N
Y
O
N
R
D
E
176TH ST E
112TH ST E
288TH ST S
S 19TH ST
224TH ST E
40
T
H
A
V
S
72ND ST E
264TH ST E
288TH ST E
WE
B
S
T
E
R
R
D
E
S
J
S
T
352ND ST E
8T
H
A
V
S
HAR
T
S
L
A
K
E
R
D
S
S
M
S
T
160TH ST E
S 38TH ST
N 21ST ST
336TH ST S
112TH ST S
152ND ST E
E
L
S
T
BR
I
D
G
E
P
O
R
T
W
Y
W
SO
U
T
H
T
A
C
O
M
A
W
A
Y
S 74TH ST
E
P
O
R
T
L
A
N
D
A
V
S 56TH ST
VAL
L
E
Y
A
V
E
S
U
N
I
O
N
A
V
RU
S
T
O
N
W
Y
P
A
C
I
F
I
C
A
V
E 11T
H
S
T
STEILACOOM BLVD SW S
M
E
R
I
D
I
A
N
N 26TH ST
W PIONEER
AL
L
E
N
R
D
S
S
A
L
A
S
K
A
S
T
S
O
R
C
H
A
R
D
S
T
SP
A
N
A
W
A
Y
L
O
O
P
R
D
S
BR
I
D
G
E
P
O
R
T
W
Y
S
W
N I ST
SUMNER-BUCKLEY HWY E
S 25TH ST
D
O
C
K
S
T
S 72ND ST
S
T
A
C
O
M
A
W
Y
260TH ST E
S 9TH ST
54
T
H
A
V
E
144TH ST NW
CRA
M
E
R
R
D
K
N
15
8
T
H
A
V
K
S
TA
C
O
M
A
M
A
L
L
B
L
V
D
N
P
R
O
C
T
O
R
S
T
KI
N
S
M
A
N
R
D
E
KEY
P
E
N
I
N
S
U
L
A
H
W
Y
N
CIRQUE DR W
JOVITA BLVD E
S
S
H
E
R
I
D
A
N
A
V
LINC
O
L
N
A
V
BRO
O
K
D
A
L
E
R
D
E
GR
A
V
E
L
L
Y
L
A
K
E
D
R
S
W
NISQUAL
L
Y
R
D
S
W
S
G
S
T
S
H
O
S
M
E
R
S
T
ST
E
E
L
E
S
T
S
100TH ST SW
PO
R
T
O
F
T
A
C
O
M
A
R
D
MILITARY
R
D
S
N
O
R
C
H
A
R
D
S
T
23
4
T
H
A
V
E
S 64TH ST
86
T
H
A
V
N
W
WOLL
O
C
H
E
T
D
R
N
W
ECK
E
N
S
T
A
M
J
O
H
N
S
O
N
R
D
A
I
E 48TH ST
SEHMEL DR
N
W
PUYALLUP AV
56TH ST NW
11
8
T
H
A
V
N
W
EMERSON ST
N TAC
O
M
A
A
V
V
A
L
L
E
Y
A
V
N
W
S
I
S
T
N
V
A
S
S
A
U
L
T
S
T
LA
K
E
W
O
O
D
D
R
W
N
U
N
I
O
N
A
V
EATONVILLE HWY E
336TH ST E
N SC
H
U
S
T
E
R
P
K
W
Y
WILEY A
V
S
C
S
T
45
T
H
A
V
N
E
RICE K
A
N
D
L
E
R
D
S
174TH ST S
YOMAN
R
D
A
I
S
P
R
O
C
T
O
R
S
T
EELLS ST
29TH ST NEN 37TH ST
WASHINGTON BLVD SW
STEILACOOM BLVD
N 51ST ST
E 72ND ST
E FAIRBANKS ST
N 15TH ST
NOR
P
O
I
N
T
W
Y
N
E
39TH AV SW
E 34TH ST
2
N
D
S
T
N
E
CUS
T
E
R
R
D
S
W
S 36TH ST
70
T
H
A
V
E
S 28TH ST
STEWART RD
S 34TH ST
116TH ST S
65
T
H
A
V
N
E
M
A
I
N
S
T
96TH ST NW
24TH ST NW
288TH ST E
E 11T
H
S
T
S
S
H
E
R
I
D
A
N
A
V
S
O
R
C
H
A
R
D
S
T
N 37TH ST
NO
R
P
O
I
N
T
W
Y
N
E
OR
V
I
L
L
E
R
D
E
8T
H
A
V
S
WA
L
L
E
R
R
D
E
128TH ST E
304TH ST E
112TH ST E
B
S
T
E
22
N
D
A
V
E
104TH ST E
C
S
T
S
84TH ST E
VI
C
K
E
R
Y
A
V
E
S 12TH ST
20TH ST E
21
4
T
H
A
V
E
208TH ST E
S
T
Y
L
E
R
S
T
48
T
H
A
V
S
224TH ST E
E MAIN
N 30TH ST
O
R
T
I
N
G
K
A
P
O
W
S
I
N
H
W
Y
E
80TH ST E
144TH ST E
SH
A
W
R
D
CENTER ST
PI
O
N
E
E
R
W
Y
E
67
T
H
A
V
W
86
T
H
A
V
E
94
T
H
A
V
E
96TH ST S
70
T
H
A
V
E
11
0
T
H
A
V
E
GO
L
D
E
N
G
I
V
E
N
R
D
E
260TH ST E
200TH ST E
WO
O
D
L
A
N
D
A
V
E
MC
K
I
N
L
E
Y
A
V
24TH ST E
ALDE
R
C
U
T
O
F
F
R
D
E
SOUTH PRAI
R
I
E
R
D
E
PT
F
O
S
D
I
C
K
D
R
N
W
PA
R
K
A
V
S
44
T
H
A
V
E
TA
Y
L
O
R
W
Y
S 15TH ST
21
8
T
H
A
V
E
15
8
T
H
A
V
E
W
E
S
T
V
A
L
L
E
Y
H
W
Y
E
E 64TH STS 66TH ST
BI
N
G
H
A
M
A
V
E
40TH ST NW
PE
A
C
O
C
K
H
I
L
L
A
V
N
W
GR
A
N
D
V
I
E
W
D
R
W
72
N
D
A
V
S
S 48TH ST
KAPOWSIN HWY E
A
S
T
23RD AV SE
RA
Y
N
A
S
H
D
R
N
W
E
A
T
O
N
V
I
L
L
E
C
U
T
O
F
F
R
D
E
MY
E
R
S
R
D
E
CR
E
S
C
E
N
T
V
A
L
L
E
Y
D
R
N
W
99TH ST E
PO
R
T
L
A
N
D
A
V
E
E
A
S
T
V
A
L
L
E
Y
H
W
Y
E
HUNT ST NW
416TH ST E
E
D
S
T
T
A
C
O
M
A
A
V
S
S 56TH ST
STEI
L
A
C
O
O
M
-
D
U
P
O
N
T
R
D
S
W
S 84TH ST
VALLEY A
V
E
62
N
D
A
V
E
PACIF
I
C
H
W
Y
S
W
8TH ST E
38
T
H
A
V
N
W
FR
E
E
M
A
N
R
D
E
280TH ST S
14
2
N
D
A
V
E
240TH ST E
320TH ST E
121ST ST E
ONYX DR SW
168TH ST E
AL
A
M
E
D
A
A
V
S
P
I
N
E
S
T
E A
L
E
X
A
N
D
E
R
A
V
Y
A
K
I
M
A
A
V
152ND ST E
REI
D
D
R
N
W
12
2
N
D
A
V
E
JENSEN RD E
STRINGTOWN RD E
W STEWAR
T
23
4
T
H
A
V
E
27TH ST W
108TH ST S
S
O
U
T
H
T
A
P
P
S
D
R
E
TI
S
C
H
R
D
S
36TH ST E
AN
G
E
L
I
N
E
R
D
E
16
T
H
A
V
S
50
T
H
A
V
E
340TH ST E
14
T
H
A
V
N
W
32ND ST E
48TH ST E
ZIRCON DR S
W
31ST AV SW
23
0
T
H
A
V
E
NO
R
T
H
L
E
V
E
E
R
D
E
9TH ST E
SUNRISE BLVD
E
PATTERSON RD E
138TH ST S
WE
S
T
T
A
P
P
S
D
R
E
S 11TH ST
116TH ST S
102ND ST S
VA
L
L
E
Y
A
V
8T
H
A
V
E
14
6
T
H
A
V
E
304TH ST S
9T
H
A
V
F
I
CIRQUE DR W
A
P
T
U
B
B
S
R
D
E
MU
N
D
Y
L
O
S
S
R
D
E
320TH ST S
172ND ST E
UN
I
O
N
A
V
150TH ST SW
SU
N
S
E
T
D
R
W
MCC
U
T
C
H
E
O
N
R
D
E
B
R
O
W
N
S
P
O
I
N
T
B
L
V
D
E
A
S
T
B
A
Y
D
R
N
W
JOHNS RD E
ROSEDALE ST NW
11
4
T
H
A
V
E
SC
H
U
D
Y
R
D
S
BROO
K
D
A
L
E
R
D
E
66
T
H
A
V
E
34
T
H
A
V
E
56
T
H
A
V
S
46
T
H
A
V
E
90TH ST E
RIVERSIDE D
R
E
84TH ST S
9T
H
S
T
S
W
39TH AV SE
ROSEDALE ST
E PIONEER
52ND ST E
S 19TH ST
274TH ST E
336TH ST S
EDWARDS RD E
120TH ST E
GO
O
D
R
I
C
H
D
R
N
W
N 46TH ST
10
8
T
H
A
V
E
97TH ST E
192ND ST E
FOX DR FI
40TH ST E
18
2
N
D
A
V
E
N LEVEE RD
FA
R
W
E
S
T
D
R
S
W
TU
L
E
L
A
K
E
R
D
S
24TH ST KS
94
T
H
A
V
N
W
H
A
L
L
S
T
R
O
M
D
R
N
W
180TH ST E
PR
A
I
R
I
E
R
I
D
G
E
D
R
E
SO
U
N
D
V
I
E
W
D
R
CREVI
S
T
O
N
D
R
N
W
96TH ST E104TH ST SW
VETERANS DR SW
STONE DR NW
MATHIAS RD E
STEWART
A
V
E
70
T
H
A
V
N
W
WARRE
N
D
R
N
W
11
8
T
H
A
V
N
W
HI
P
K
I
N
S
R
D
S
W
38
T
H
A
V
E
16
6
T
H
A
V
E
BORGEN BLVD
58
T
H
A
V
E
78
T
H
A
V
E
36TH ST NW
46
T
H
A
V
N
W
HA
R
B
O
R
V
I
E
W
D
R
112TH ST SW
MO
L
L
E
R
D
R
N
W
LO
C
U
S
T
A
V
E
138TH ST E
16TH ST E
KOPA
C
H
U
C
K
D
R
N
W
CO
U
N
T
R
Y
D
R
E
UNION
A
V
S
W
SH
A
W
R
D
E
145TH ST E
S 47TH ST
N
A
S
S
A
U
A
V
N
E
P
H
I
L
L
I
P
S
R
D
S
W
LO
C
K
E
D
R
S
BU
C
K
L
E
Y
-
T
A
P
P
S
H
W
Y
E
62
N
D
A
V
N
E
FR
U
I
T
L
A
N
D
A
V
E
B
U
R
N
H
A
M
D
R
N
W
1
3
4
T
H
A
V
E
W
O
L
L
O
C
H
E
T
D
R
N
W
62
N
D
A
V
N
W
S
S
T
E
V
E
N
S
S
T
CHURCH LAKE RD E
78
T
H
A
V
N
W
FR
Y
A
R
A
V
12
6
T
H
A
V
K
N
KAMUS DR FI
MARSHALL AV
2
1
0
T
H
A
V
E
LOVASS
R
D
A
I
MC
K
I
N
L
E
Y
A
V
E
S 8TH ST
VA
L
E
N
T
I
N
E
A
V
S
E
49
T
H
A
V
N
E
THO
M
A
S
R
D
K
N
144TH ST NW
CAMUS RD AI
G
E
M
H
E
I
G
H
T
S
D
R
E
ISLA
N
D
B
L
V
D
F
I
32ND ST NW
L
Y
O
N
S
D
R
S
N NA
R
R
O
W
S
D
R
MAIN ST E
FORD DR NW
75TH ST W
24
T
H
A
V
E
48
T
H
A
V
E
51ST ST NE
BONNEY LAKE BLVD E
50
T
H
A
V
N
W
ME
A
D
O
W
R
D
S
W
ST PAUL
A
V
CENTER
S
T
E
TAYLOR ST E
11
T
H
A
V
F
I
CHRISTENSEN M
U
C
K
R
D
E
3R
D
A
V
F
I
24
T
H
A
V
S
280TH ST E
MIL
W
A
U
K
E
E
A
V
E
136TH ST E
296TH ST S
133RD ST E
12
6
T
H
A
V
E
11
8
T
H
A
V
E
54
T
H
A
V
E
7
6
T
H
A
V
E
212TH ST E
122ND ST
E
26
T
H
A
V
N
W
P
I
O
N
E
E
R
W
Y
59
T
H
A
V
S
W
EUS
T
I
S
H
U
N
T
R
D
E
6T
H
A
V
F
I
15
0
T
H
A
V
E
87
T
H
A
V
S
W
25TH ST E31ST ST W
66
T
H
A
V
N
W
14
2
N
D
A
V
K
S
12
2
N
D
A
V
K
N
N 26TH ST
M
A
R
K
E
T
S
T
43RD AV SE
37TH AV S
E
64TH ST E
12TH ST E
11
5
T
H
A
V
N
W
RESE
R
V
O
I
R
R
D
E
128TH ST NW
160TH ST E
54TH ST W
KNOBL
E
R
D
E
131ST ST E
MILITARY RD E
11
1
T
H
A
V
E
DU
R
A
N
G
O
S
T
S
W
MCCHORD DR S
W
ARTONDAL
E
D
R
N
W
34
T
H
A
V
N
W
LA
K
E
J
O
S
E
P
H
I
N
E
A
V
A
I
58
T
H
A
V
N
E
WESTGATE BLVD
71ST ST E
DANA DR NW
DANFORTH ST NW
54
T
H
A
V
N
W
23
3
R
D
A
V
E
KELLY LAKE RD E
91
S
T
A
V
S
W
200
T
H
A
V
C
T
E
YA
K
I
M
A
A
V
S
92
N
D
A
V
E
10TH ST E
74
T
H
A
V
E
19
8
T
H
A
V
E
11
4
T
H
A
V
C
T
E
10
T
H
A
V
F
I
GRIGGS RD E
160TH ST S
22
N
D
A
V
N
W
13
T
H
A
V
C
T
E
78TH ST E
336TH ST S
80TH ST E
A
S
T
FR
U
I
T
L
A
N
D
A
V
E
24TH ST E
122ND ST E
96TH ST E
11
4
T
H
A
V
E
64TH ST E
38
T
H
A
V
E
240TH ST E
12
2
N
D
A
V
E
152ND ST E
96TH ST E
192ND ST E
78
T
H
A
V
E
86
T
H
A
V
E
A
S
T
38
T
H
A
V
E
120TH ST E
12
6
T
H
A
V
E
78
T
H
A
V
N
W
JOHNS R
D
E
62
N
D
A
V
N
W
96TH ST E
54
T
H
A
V
E
70
T
H
A
V
E
112TH ST SW
14
T
H
A
V
N
W
YA
K
I
M
A
A
V
200TH ST E
MA
I
N
S
T
E
32ND ST E
78
T
H
A
V
E
WO
O
D
L
A
N
D
A
V
E
21
4
T
H
A
V
E
16TH ST E
12
2
N
D
A
V
E
48TH ST E
144TH ST E
PIONEER WY E
PA
R
K
A
V
S
µ
Regional CentersCandidate Centers&Proposed Local Centersfor 2012 STP / CMAQFunding Competition
March 2012
00.751.52.253Miles
The map features are approximate and are intended only to provide an indication of said feature. Additional areas that have not beenmapped may be present. This is not a survey. Orthophotos and other data may not align. The County assumes no liability forvariations ascertained by actual survey. ALL DATA IS EXPRESSLY PROVIDED ‘AS IS’ AND ‘WITH ALL FAULTS’. The County makesno warranty of fitness for a particular purpose.
Legend
Pier c e County
Centers
Local Centers
Regional MFG / IND Centers
Regional Candidate Centers
Regional Growth Centers
!JBLM Gates
Cities in Pierce County
Federal / State Land
DI.E Page 183 of 189
AGENDA BILL APPROVAL FORM
Agenda Subject:
PCDC Matrix
Date:
January 8, 2014
Department:
Planning and Development
Attachments:
PCDC Matrix
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
See attached matrix.
Reviewed by Council Committees:
Councilmember:Holman Staff:Tate
Meeting Date:January 13, 2014 Item Number:DI.G
AUBURN * MORE THAN YOU IMAGINEDDI.G Page 184 of 189
PC
D
C
W
o
r
k
P
l
a
n
M
a
t
r
i
x
–
J
a
n
u
a
r
y
1
3
,
2
0
1
4
Pl
e
a
s
e
N
o
t
e
:
N
e
w
a
d
d
i
t
i
o
n
s
u
n
d
e
r
l
i
n
e
d
,
d
e
l
e
t
i
o
n
s
r
e
mo
v
e
d
.
Ja
n
u
a
r
y
1
3
,
2
0
1
4
LA
N
D
U
S
E
C
O
D
E
S
/
P
O
L
I
C
I
E
S
To
p
i
c
/
I
s
s
u
e
Ne
x
t
o
n
P
C
D
St
a
f
f
/
C
o
u
n
c
i
l
Le
a
d
Co
m
m
e
n
t
s
1
Co
d
e
A
m
e
n
d
m
e
n
t
s
·
S
h
a
r
e
d
S
t
u
d
e
n
t
R
e
n
t
a
l
Ho
u
s
i
n
g
Ja
n
u
a
r
y
2
7
C
h
a
m
b
e
r
l
a
i
n
Or
d
i
n
a
n
c
e
N
o
.
6
4
7
7
w
a
s
a
d
o
p
t
e
d
b
y
C
i
t
y
c
o
u
n
c
i
l
o
n
9
/3/13. A website posting
th
e
r
e
n
t
a
l
h
o
u
s
i
n
g
c
o
d
e
s
w
e
n
t
l
i
v
e
o
n
t
h
e
C
i
t
y
w
e
b
s
ite 9/10/13 and notification
ma
i
l
i
n
g
s
w
e
r
e
s
e
n
t
t
o
L
e
a
H
i
l
l
r
e
s
i
d
e
n
t
s
.
C
i
t
y
d
o
c
uments continue to be
up
d
a
t
e
d
a
s
n
e
e
d
e
d
.
·
Cl
u
s
t
e
r
S
u
b
d
i
v
i
s
i
o
n
20
1
4
Ch
a
m
b
e
r
l
a
i
n
S
t
a
f
f
t
o
p
r
e
p
a
r
e
d
r
a
f
t
r
e
g
u
l
a
t
i
o
n
s
f
o
r
t
h
e
P
l
a
n
n
i
n
g Commission to review.
·
Co
t
t
a
g
e
H
o
u
s
i
n
g
20
1
4
Ch
a
m
b
e
r
l
a
i
n
S
t
a
f
f
t
o
p
r
e
p
a
r
e
d
r
a
f
t
r
e
g
u
l
a
t
i
o
n
s
f
o
r
t
h
e
P
l
a
n
n
i
n
g Commission to review.
·
Ce
l
l
T
o
w
e
r
s
TB
D
Ch
a
m
b
e
r
l
a
i
n
Re
v
i
e
w
e
d
b
y
P
C
D
C
o
n
9
/
1
0
/
1
2
a
n
d
c
o
d
e
d
i
s
c
u
s
s
e
d
a
t
P
lanning Commission on
10
/
2
/
1
2
.
S
t
a
f
f
t
o
r
e
t
u
r
n
t
o
P
la
n
n
i
n
g
C
o
m
m
i
s
s
i
o
n
w
i
t
h
m
o
r
e
i
n
f
o
r
m
a
t
i
o
n
t
o
di
s
c
u
s
s
o
n
c
e
l
l
t
o
w
e
r
p
r
o
p
o
s
e
d
c
o
d
e
c
h
a
n
g
e
s
.
·
En
v
i
r
o
n
m
e
n
t
a
l
P
a
r
k
D
i
s
t
r
i
c
t
20
1
4
Ch
a
m
b
e
r
l
a
i
n
C
o
d
e
c
o
n
c
e
p
t
s
a
n
d
i
d
e
a
s
t
o
b
e
d
e
v
e
l
o
p
e
d
b
a
s
e
d
o
n
C
ouncil retreat direction.
·
Ag
r
i
t
o
u
r
i
s
m
TB
D
Ch
a
m
b
e
r
l
a
i
n
St
a
f
f
t
o
b
ri
n
g
b
a
c
k
o
n
c
e
t
h
e
P
l
a
n
n
i
n
g
C
o
m
m
i
s
s
i
o
n
h
a
s
r
e
v
i
e
w
e
d
and made their
re
c
o
m
m
e
n
d
a
t
i
o
n
.
·
M
a
r
i
j
u
a
n
a
/
C
a
n
n
a
b
i
s
TB
D
C
h
a
m
b
e
r
l
a
i
n
Pl
a
n
n
i
n
g
D
e
p
a
r
t
m
e
n
t
s
t
a
f
f
w
i
l
l
g
o
b
e
f
o
r
e
t
h
e
P
l
a
n
n
i
ng Commission on 01/22/14
fo
r
a
s
e
c
o
n
d
d
i
s
c
u
s
s
i
o
n
.
·
H
e
a
l
t
h
c
a
r
e
D
i
s
t
r
i
c
t
O
v
e
r
l
a
y
20
1
4
Ch
a
m
b
e
r
l
a
i
n
S
t
a
f
f
t
o
d
e
v
e
l
o
p
a
w
o
r
k
p
l
a
n
a
s
p
a
r
t
o
f
t
h
e
o
v
e
r
a
l
l
c
o
m
p
r
e
h
e
n
s
i
v
e
p
l
a
n
u
p
d
a
t
e
s
.
·
D
o
w
n
t
o
w
n
P
a
r
k
i
n
g
Ma
n
a
g
e
m
e
n
t
P
l
a
n
Ja
n
u
a
r
y
1
3
Ch
a
m
b
e
r
l
a
i
n
/
Ya
o
St
a
f
f
t
o
r
e
t
u
r
n
t
o
P
C
D
C
o
n
0
1
/
1
3
/
1
4
w
i
t
h
a
f
i
n
a
l
d
r
aft plan.
2
H
i
s
t
o
r
i
c
P
r
e
s
e
r
v
a
t
i
o
n
S
t
r
a
t
e
g
i
e
s
20
1
4
Ch
a
m
b
e
r
l
a
i
n
St
a
f
f
w
i
l
l
f
o
r
m
u
l
a
t
e
a
s
t
r
a
t
e
g
y
a
c
t
i
o
n
p
l
a
n
a
n
d
b
r
i
ng back to Committee as part of
th
e
o
v
e
r
a
l
l
c
o
m
p
r
e
h
e
n
s
i
v
e
p
l
a
n
u
p
d
a
t
e
.
DI
.
G
Pa
g
e
1
8
5
o
f
1
8
9
Ja
n
u
a
r
y
1
3
,
2
0
1
4
Page 2
To
p
i
c
/
I
s
s
u
e
Ne
x
t
o
n
P
C
D
St
a
f
f
/
C
o
u
n
c
i
l
Le
a
d
Co
m
m
e
n
t
s
3
St
r
a
t
e
g
y
A
r
e
a
s
f
o
r
Po
p
u
l
a
t
i
o
n
/
B
u
s
i
n
e
s
s
/
E
m
p
l
o
y
m
e
n
t
20
1
4
Ch
a
m
b
e
r
l
a
i
n
Co
d
e
c
o
n
c
e
p
t
s
a
n
d
i
d
e
a
s
t
o
b
e
d
e
v
e
l
o
p
e
d
b
a
s
e
d
o
n
C
o
uncil retreat direction
an
d
l
i
n
k
e
d
t
o
t
h
e
o
v
e
r
a
l
l
c
o
m
p
r
e
h
e
n
s
i
v
e
p
l
a
n
u
p
d
a
t
e
.
4
P
e
d
e
s
t
r
i
a
n
K
i
o
s
k
s
T
B
D
C
h
a
m
b
e
r
l
a
i
n
Fu
n
d
i
n
g
o
p
t
i
o
n
s
a
n
d
i
d
e
a
s
t
o
c
o
n
s
t
r
u
c
t
a
n
d
i
n
s
t
a
l
l
the remaining 6 pedestrian
ki
o
s
k
s
d
o
w
n
t
o
w
n
.
C
o
m
m
i
t
t
e
e
t
o
o
k
a
c
t
i
o
n
o
n
1
/
2
8
/
1
3
and recommended
Co
u
n
c
i
l
a
p
p
r
o
v
a
l
f
o
r
t
h
e
c
o
n
s
t
r
u
c
t
i
o
n
a
n
d
i
n
s
t
a
l
l
a
t
ion of three kiosks.
EN
V
I
R
O
N
M
E
N
T
A
L
5
A
u
b
u
r
n
E
n
v
i
r
o
n
m
e
n
t
a
l
P
a
r
k
Sp
r
i
n
g
20
1
4
An
d
e
r
s
e
n
St
r
e
a
m
a
n
d
w
e
t
l
a
n
d
r
e
s
t
o
r
a
t
i
o
n
a
c
t
i
v
i
t
i
e
s
a
r
e
o
n
g
o
i
ng. Staff to provide a
re
s
t
o
r
a
t
i
o
n
p
r
o
g
r
e
s
s
u
p
d
a
t
e
t
o
t
h
e
C
o
m
m
i
t
t
e
e
i
n
t
h
e
Spring of 2014.
6
En
v
i
r
o
n
m
e
n
t
a
l
R
e
s
t
o
r
a
t
i
o
n
Pr
o
j
e
c
t
s
Ma
r
c
h
20
1
4
An
d
e
r
s
e
n
CP
1
0
1
6
:
F
e
n
s
t
e
r
P
h
a
s
e
2
L
e
v
e
e
S
e
t
b
a
c
k
-
R
e
v
i
s
e
d
p
r
e
l
i
m
i
n
a
r
y design has
be
e
n
s
u
b
m
i
t
t
e
d
t
o
W
a
s
h
i
n
g
t
o
n
S
t
a
t
e
S
a
l
m
o
n
R
e
c
o
v
e
r
y
Funding Board (SRFB)
fo
r
r
e
v
i
e
w
a
n
d
a
p
p
r
o
v
a
l
.
CP
0
7
4
6
:
M
i
l
l
C
r
e
e
k
W
e
t
l
a
n
d
5
K
R
e
s
t
o
r
a
t
i
o
n
-
S
t
a
f
f
i
s
w
o
r
k
i
ng with Army Corps
to
c
o
m
p
l
e
t
e
9
5
%
-
d
e
s
i
g
n
a
n
d
p
r
e
p
a
r
e
d
r
a
f
t
P
r
o
j
e
c
t
P
a
rtnership Agreement (PPA)
fo
r
C
o
m
m
i
t
t
e
e
r
e
v
i
e
w
.
CP
1
0
1
6
:
C
i
t
y
W
e
t
l
a
n
d
M
i
t
i
g
a
t
i
o
n
–
D
e
s
i
g
n
a
n
d
c
o
n
s
t
r
u
c
t
i
o
n
of compensatory
we
t
l
a
n
d
m
i
t
i
g
a
t
i
o
n
i
n
t
h
e
A
u
b
u
r
n
E
n
v
i
r
o
n
m
e
n
t
a
l
P
a
r
k
is ongoing.
PA
R
K
S
,
A
R
T
S
&
R
E
C
R
E
A
T
I
O
N
7
T
h
e
a
t
e
r
L
e
a
s
e
M
a
r
c
h
2
0
1
4
F
a
b
e
r
D
i
s
c
u
s
s
i
o
n
o
f
t
h
e
Au
b
u
r
n
A
v
e
n
u
e
T
h
e
a
t
e
r
.
CO
M
M
U
N
I
T
Y
S
E
R
V
I
C
E
S
D
I
V
I
S
I
O
N
8
Bu
i
l
d
i
n
g
C
o
m
m
u
n
i
t
y
TB
D
Hu
r
s
h
PC
D
C
r
e
q
u
e
s
t
e
d
a
n
u
p
d
a
t
e
a
t
a
f
u
t
u
r
e
m
e
e
t
i
n
g
;
b
r
i
e
f
ing to be scheduled.
9
H
u
m
a
n
S
e
r
v
i
c
e
s
C
e
n
t
e
r
O
n
g
o
i
n
g
H
u
r
s
h
U
p
d
a
t
e
s
p
r
o
v
i
de
d
a
s
n
e
e
d
e
d
o
r
r
e
q
u
e
s
t
e
d
.
10
Un
i
f
y
c
o
m
m
u
n
i
t
i
e
s
t
h
r
o
u
g
h
ce
n
t
r
a
l
i
z
e
d
c
o
m
m
u
n
i
c
a
t
i
o
n
a
n
d
ou
t
r
e
a
c
h
TB
D
H
u
r
s
h
C
o
m
m
u
n
i
t
y
S
e
r
v
i
c
e
s
t
o
g
i
v
e
a
n
n
u
a
l
u
p
d
a
t
e
s
.
DI
.
G
Pa
g
e
1
8
6
o
f
1
8
9
Ja
n
u
a
r
y
1
3
,
2
0
1
4
Page 3
To
p
i
c
/
I
s
s
u
e
Ne
x
t
o
n
P
C
D
St
a
f
f
/
C
o
u
n
c
i
l
Le
a
d
Co
m
m
e
n
t
s
BO
A
R
D
S
,
C
O
M
M
I
S
S
I
O
N
S
&
H
E
A
R
I
N
G
E
X
A
M
I
N
E
R
11
A
r
t
s
C
o
m
m
i
s
s
i
o
n
De
c
e
m
b
e
r
20
1
4
Fa
b
e
r
On
1
2
/
0
9
/
1
3
t
h
e
A
r
t
s
C
o
m
m
i
s
s
i
o
n
p
r
o
v
i
d
e
d
a
p
r
e
s
e
n
t
a
tion updating PCDC of
th
e
i
r
2
0
1
3
p
l
a
n
s
a
n
d
a
c
t
i
v
i
t
i
e
s
a
n
d
w
i
l
l
r
e
t
u
r
n
f
o
r
an update in 2014.
12
H
u
m
a
n
S
e
r
v
i
c
e
s
C
o
m
m
i
t
t
e
e
J
a
n
u
a
r
y
2
7
H
u
r
s
h
Th
e
H
u
m
a
n
S
e
r
v
i
c
e
s
C
o
m
m
i
t
t
e
e
p
r
o
v
i
d
e
d
a
p
l
a
n
s
a
n
d
a
ctivities update before
PC
D
C
o
n
9
/
2
4
/
1
2
.
T
h
e
H
u
m
a
n
S
e
r
v
i
c
e
s
C
o
m
m
i
t
t
e
e
i
s
s
c
heduled to present a
20
1
3
u
p
d
a
t
e
o
n
1
/
2
7
/
1
4
.
13
H
e
a
r
i
n
g
E
x
a
m
i
n
e
r
F
a
l
l
2
0
1
4
D
i
x
o
n
Th
e
H
e
a
r
i
n
g
E
x
a
m
i
n
e
r
a
t
t
e
n
d
e
d
P
C
D
C
t
o
p
r
e
s
e
n
t
a
n
a
n
nual briefing on
11
/
1
2
/
1
3
.
T
h
e
n
e
x
t
b
r
i
e
f
i
n
g
i
s
s
c
h
e
d
u
l
e
d
f
o
r
f
a
l
l
o
f 2014.
14
P
a
r
k
s
&
R
e
c
r
e
a
t
i
o
n
B
o
a
r
d
J
u
l
y
2
0
1
4
F
a
b
e
r
An
n
u
a
l
u
p
d
a
t
e
o
c
c
u
r
r
e
d
7
/
2
2
/
1
3
w
i
t
h
P
C
D
C
;
t
h
e
n
e
x
t
update will take place
7/
2
0
1
4
.
15
P
l
a
n
n
i
n
g
C
o
m
m
i
s
s
i
o
n
F
e
b
r
u
a
r
y
2
0
1
4
C
h
a
m
b
e
r
l
a
i
n
Co
m
m
i
t
t
e
e
w
i
l
l
h
o
l
d
a
j
o
i
n
t
m
e
e
t
i
n
g
e
v
e
r
y
s
i
x
m
o
n
t
h
s with Planning
Co
m
m
i
s
s
i
o
n
.
T
h
e
n
e
x
t
j
o
i
n
t
m
e
e
t
i
n
g
w
i
l
l
b
e
h
e
l
d
i
n
2/2014.
16
T
r
a
n
s
p
o
r
t
a
t
i
o
n
,
T
r
a
n
s
i
t
,
a
n
d
T
r
a
i
l
s
S
p
r
i
n
g
2
0
1
4
Th
o
r
d
a
r
s
o
n
A
n
n
u
a
l
u
p
d
a
t
e
o
c
c
u
r
r
e
d
o
n
5
/
2
8
/
1
3
w
i
t
h
P
CD
C
.
17
U
r
b
a
n
T
r
e
e
B
o
a
r
d
F
a
l
l
2
0
1
4
F
a
b
e
r
A
n
n
u
a
l
u
p
d
a
t
e
o
cc
u
r
r
e
d
1
0
/
2
8
/
1
3
w
i
t
h
P
C
D
C
.
CO
M
P
R
E
H
E
N
S
I
V
E
P
L
A
N
/
C
A
P
I
T
A
L
F
A
C
I
L
I
T
I
E
S
P
L
A
N
N
I
N
G
(
L
o
n
g
R
a
n
g
e
P
l
a
n
n
i
n
g
)
18
Ma
j
o
r
C
o
m
p
r
e
h
e
n
s
i
v
e
P
l
a
n
Up
d
a
t
e
TB
D
C
h
a
m
b
e
r
l
a
i
n
M
a
j
o
r
u
p
d
a
t
e
o
f
t
h
e
c
o
m
p
r
e
h
e
n
s
i
v
e
p
la
n
f
o
r
t
h
e
n
e
x
t
2
0
y
e
a
r
s
+
;
·
V
i
s
i
o
n
i
n
g
f
o
r
t
h
e
m
a
j
o
r
up
d
a
t
e
TB
D
C
h
a
m
b
e
r
l
a
i
n
Th
e
c
o
n
s
u
l
t
a
n
t
M
I
G
,
I
n
c
.
w
a
s
s
e
l
e
c
t
e
d
t
o
a
s
s
i
s
t
w
i
t
h the visioning for the update
an
d
c
o
n
t
r
a
c
t
a
p
p
r
o
v
e
d
b
y
C
i
t
y
C
o
u
n
c
i
l
o
n
1
1
/
4
/
1
3
.
On 11/22/13 staff attended a
ki
c
k
o
f
f
m
e
e
t
i
n
g
w
i
t
h
t
h
e
C
o
n
s
u
l
t
a
n
t
.
N
e
x
t
s
t
e
p
a
r
e
stakeholder interviews and
pu
t
t
i
n
g
t
o
g
e
t
h
e
r
t
h
e
o
u
t
r
e
a
c
h
a
n
d
c
o
m
m
u
n
i
c
a
t
i
o
n
p
l
a
n.
·
W
a
t
e
r
,
S
e
w
e
r
,
S
t
o
r
m
Sc
o
p
e
:
U
p
d
a
t
e
t
o
t
h
e
W
a
t
e
r
,
Se
w
e
r
,
a
n
d
S
t
o
r
m
Co
m
p
r
e
h
e
n
s
i
v
e
P
l
a
n
s
i
n
c
o
n
c
e
r
t
wi
t
h
t
h
e
C
o
m
p
r
e
h
e
n
s
i
v
e
P
l
a
n
Up
d
a
t
e
p
r
o
j
e
c
t
.
On
-
g
o
i
n
g
P
u
b
l
i
c
W
o
r
k
s
Up
d
a
t
e
t
o
t
h
e
t
h
r
e
e
u
t
i
l
i
t
y
c
o
m
p
r
e
h
e
n
s
i
v
e
p
l
a
n
s
a
s
the City updates its
co
m
p
r
e
h
e
n
s
i
v
e
p
l
a
n
.
T
h
e
s
c
o
p
e
o
f
w
o
r
k
f
o
r
e
a
c
h
u
t
i
lity plan was reviewed at
th
e
1
1
/
1
2
/
1
3
P
C
D
C
m
e
e
t
i
n
g
.
DI
.
G
Pa
g
e
1
8
7
o
f
1
8
9
Ja
n
u
a
r
y
1
3
,
2
0
1
4
Page 4
To
p
i
c
/
I
s
s
u
e
Ne
x
t
o
n
P
C
D
St
a
f
f
/
C
o
u
n
c
i
l
Le
a
d
Co
m
m
e
n
t
s
·
T
r
a
n
s
p
o
r
t
a
t
i
o
n
P
l
a
n
n
i
n
g
Sc
o
p
e
:
L
o
n
g
-
t
e
r
m
p
l
a
n
n
i
n
g
f
o
r
th
e
i
n
t
e
r
r
e
l
a
t
i
o
n
s
h
i
p
b
e
t
w
e
e
n
la
n
d
u
s
e
a
n
d
t
r
a
n
s
p
o
r
t
a
t
i
o
n
in
f
r
a
s
t
r
u
c
t
u
r
e
.
On
-
g
o
i
n
g
P
a
r
a
Co
m
p
r
e
h
e
n
s
i
v
e
T
r
a
n
s
p
o
r
t
a
t
i
o
n
P
l
a
n
U
p
d
a
t
e
i
n
c
o
n
c
e
r
t
with the comprehensive
pl
a
n
u
p
d
a
t
e
p
r
o
j
e
c
t
.
19
Tr
a
n
s
p
o
r
t
a
t
i
o
n
I
m
p
r
o
v
e
m
e
n
t
Pr
o
g
r
a
m
(
T
I
P
)
Sc
o
p
e
:
6
-
y
e
a
r
t
r
a
n
s
p
o
r
t
a
t
i
o
n
im
p
r
o
v
e
m
e
n
t
p
r
o
g
r
a
m
t
h
a
t
i
s
up
d
a
t
e
d
a
n
n
u
a
l
l
y
i
d
e
n
t
i
f
y
i
n
g
tr
a
n
s
p
o
r
t
a
t
i
o
n
r
e
l
a
t
e
d
c
a
p
i
t
a
l
pr
o
j
e
c
t
s
20
1
4
Pa
r
a
Re
s
o
l
u
t
i
o
n
N
o
.
4
9
3
7
,
t
h
e
2
0
1
4
-
2
0
1
9
T
r
a
n
s
p
o
r
t
a
t
i
o
n
I
mprovement Program
(T
I
P
)
w
a
s
a
p
p
r
o
v
e
d
o
n
6
/
1
7
/
1
3
b
y
C
i
t
y
C
o
u
n
c
i
l
.
20
Ca
p
i
t
a
l
F
a
c
i
l
i
t
i
e
s
P
l
a
n
Sc
o
p
e
:
6
-
y
e
a
r
c
a
p
i
t
a
l
f
a
c
i
l
i
t
i
e
s
pl
a
n
f
o
r
t
h
e
C
i
t
y
’
s
p
u
b
l
i
c
fa
c
i
l
i
t
i
e
s
/
u
t
i
l
i
t
i
e
s
On
-
g
o
i
n
g
F
i
n
a
n
c
e
Up
d
a
t
e
a
n
n
u
a
l
l
y
a
s
n
e
e
d
e
d
a
s
p
a
r
t
o
f
t
h
e
c
o
m
p
r
e
h
e
n
s
ive plan update process.
Ci
t
y
C
o
u
n
c
i
l
a
d
o
p
t
e
d
O
r
d
i
n
a
n
c
e
n
o
.
6
4
8
9
,
t
h
e
2
0
1
3
C
omprehensive Plan
Am
e
n
d
m
e
n
t
s
a
t
t
h
e
1
2
/
2
/
1
3
C
i
t
y
C
o
u
n
c
i
l
m
e
e
t
i
n
g
.
21
F
e
e
d
i
s
c
u
s
s
i
o
n
s
Pl
a
n
n
i
n
g
/
Pu
b
l
i
c
W
o
r
k
s
Ta
t
e
/
Ch
a
m
b
e
r
l
a
i
n
Co
m
m
i
t
t
e
e
d
i
s
c
u
s
s
i
o
n
o
n
i
m
p
a
c
t
f
e
e
s
a
n
d
c
a
l
c
u
l
a
t
i
o
n
s.
Up
d
a
t
e
s
a
n
d
B
r
i
e
f
i
n
g
s
22
E
c
o
n
o
m
i
c
D
e
v
e
l
o
p
m
e
n
t
U
p
d
a
t
e
s
A
s
N
e
e
d
e
d
M
a
y
o
r
F
u
t
ur
e
b
r
i
e
f
i
n
g
s
t
o
b
e
p
r
o
v
i
d
e
d
a
s
n
e
e
d
e
d
.
23
Mu
c
k
l
e
s
h
o
o
t
T
r
i
b
e
TB
D
T
a
t
e
St
a
f
f
t
o
s
t
a
y
i
n
t
o
u
c
h
w
i
t
h
P
l
a
n
n
i
n
g
D
e
p
t
.
a
n
d
k
e
e
p
coordination &
co
m
m
u
n
i
c
a
t
i
o
n
o
p
e
n
w
i
t
h
T
r
i
b
e
.
T
h
e
C
i
t
y
m
e
t
w
i
t
h
t
he Muckleshoot Tribe on
11
/
1
9
/
1
3
.
24
T
h
e
A
D
A
S
p
r
i
n
g
2
0
1
4
C
h
a
m
b
e
r
l
a
i
n
Th
e
A
u
b
u
r
n
D
o
w
n
t
o
w
n
A
s
s
o
c
i
a
t
i
o
n
p
r
o
v
i
d
e
d
a
n
u
p
d
a
t
e
at the 3/25/13 meeting
an
d
w
i
l
l
r
e
t
u
r
n
i
n
t
h
e
s
p
r
i
n
g
o
f
2
0
1
4
f
o
r
t
h
e
i
r
a
n
n
ual update.
DI
.
G
Pa
g
e
1
8
8
o
f
1
8
9
Ja
n
u
a
r
y
1
3
,
2
0
1
4
Page 5
To
p
i
c
/
I
s
s
u
e
Ne
x
t
o
n
P
C
D
St
a
f
f
/
C
o
u
n
c
i
l
Le
a
d
Co
m
m
e
n
t
s
25
A
m
t
r
a
k
T
B
D
M
a
y
o
r
B
a
c
k
u
s
Ci
t
y
t
r
a
c
k
i
n
g
p
o
t
e
n
t
i
a
l
s
t
a
t
i
o
n
s
t
o
p
s
e
x
p
a
n
s
i
o
n
s
t
u
dy by Amtrak. Public Works
st
a
f
f
p
r
o
v
i
d
e
d
a
n
u
p
d
a
t
e
a
t
t
h
e
C
o
m
m
i
t
t
e
e
’
s
3
/
2
5
/
1
3
meeting, the WSDOT
st
a
t
i
o
n
s
t
o
p
e
x
p
a
n
s
i
o
n
f
e
a
s
i
b
i
l
i
t
y
s
t
u
d
y
i
s
e
x
p
e
c
t
e
d to be complete in June,
20
1
3
.
C
o
u
n
c
i
l
p
a
s
s
e
d
R
e
s
o
l
u
t
i
o
n
N
o
.
4
9
4
9
s
u
p
p
o
r
t
i
n
g an Amtrak stop in
Au
b
u
r
n
.
26
L
e
s
G
o
v
e
C
o
m
m
u
n
i
t
y
C
a
m
p
u
s
T
B
D
W
a
g
n
e
r
L
G
C
C
t
o
p
r
o
vi
d
e
a
b
r
i
e
f
i
n
g
a
s
n
e
e
d
e
d
.
26
Fl
o
o
d
p
l
a
i
n
p
r
o
g
r
a
m
s
–
N
F
I
P
a
n
d
CR
S
Fe
b
r
u
a
r
y
20
1
4
An
d
e
r
s
e
n
CR
S
:
S
t
a
f
f
i
s
e
v
a
l
u
a
t
i
n
g
t
h
e
2
0
1
3
c
h
a
n
g
e
s
t
o
t
h
e
C
R
S
p
r
ogram requirements
an
d
d
e
v
e
l
o
p
i
n
g
p
o
l
i
c
y
o
p
t
i
o
n
s
f
o
r
t
h
e
C
o
m
m
i
t
t
e
e
t
o
consider for City’s future
ap
p
r
o
a
c
h
t
o
C
R
S
p
a
r
t
i
c
i
p
a
t
i
o
n
.
NF
I
P
-
E
S
A
:
C
i
t
y
h
a
s
r
e
c
e
i
v
e
d
n
o
t
i
c
e
t
h
a
t
F
E
M
A
’
s
m
o
d
e
l
f
l
o
o
d
p
lain ordinance
ha
s
b
e
e
n
r
e
v
i
s
e
d
a
n
d
n
e
w
C
i
t
y
r
e
g
u
l
a
t
i
o
n
s
m
u
s
t
b
e
a
dopted and submitted to
FE
M
A
b
y
M
a
y
,
2
0
1
4
.
S
t
a
f
f
i
s
e
v
a
l
u
a
t
i
n
g
s
c
o
p
e
o
f
r
e
v
isions and opportunities to
st
r
e
a
m
l
i
n
e
f
l
o
o
d
p
l
a
i
n
p
e
r
m
i
t
t
i
n
g
p
r
o
c
e
s
s
f
o
r
a
p
p
l
i
c
ants.
DI
.
G
Pa
g
e
1
8
9
o
f
1
8
9