HomeMy WebLinkAbout04-17-2017 City Council AgendaCity Council Meeting
April 17, 2017 - 7:00 PM
Auburn City Hall
AGENDA
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I. CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call
II. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
A. Proclamation - Goodwill Ambassador Proclamation
Mayor Backus to proclaim Elysia Hargrave, Miss Amazing 2017 as a "Goodwill
Ambassador for the City of Auburn" during her service to the Auburn community.
B. Proclamation - Goodwill Ambassadors Proclamation
Mayor Backus to proclaim Heather Haggin, Miss Auburn 2017 and Elizabeth
Enz, Miss Auburn's Outstanding Teen 2017 as "Goodwill Ambassadors for the
City of Auburn" during their year of service to the Auburn community.
C. Proclamation - 2017 Heritage Tree
Mayor Backus to proclaim the Big Leaf Maple, located on Hole #9 at the Auburn
Golf Course, as our "2017 Heritage Tree" in the city of Auburn.
D. Proclamation - Stand Against Racism Day
Mayor Backus to proclaim April 28, 2017 as Stand Against Racism Day.
E. Proclamation - International Earth Day
Mayor Backus to proclaim April 22, 2017 as "International Earth Day" in the city
of Auburn.
F. Proclamation - Sexual Assault Awareness Month
Mayor Backus to proclaim April as "Sexual Assault Awareness Month" in the city
of Auburn.
III. APPOINTMENTS
IV. AGENDA MODIFICATIONS
V. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
1. 2016 Community Development Block Grant Annual Action Plan
Amendment* (Hinman)
Page 1 of 138
City Council to conduct a public hearing on the proposed amendment of the
2016 Annual Action Plan for Community Development Block Grant (CDBG)
Projects
B. Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the
form provided.
C. Correspondence
There is no correspondence for Council review.
VI. COUNCIL AD HOC COMMITTEE REPORTS
Council Ad Hoc Committee Chairs may report on the status of their ad hoc
Council Committees' progress on assigned tasks and may give their
recommendation to the City Council, if any.
VII. CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A. Minutes of the April 3, 2017 Regular City Council Meeting*
B. Claims Vouchers (Coleman)
Claims voucher numbers 443333 through 443512 in the amount of
$4,677,200.81 and four wire transfers in the amount of $960,005.30 and
dated April 17, 2017.
C. Payroll Vouchers (Coleman)
Payroll check numbers 537213 through 537237 in the amount of $569,355.74
and electronic deposit transmissions in the amount of $1,517,766.58 for a grand
total of $2,087,122.32 for the period covering March 30, 2017 to April 12, 2017.
D. Public Works Project No. CP1107* (Snyder)
City Council to grant permission to advertise Project No. CP1107, Fulmer Well
Field Improvements, Contract 17-09.
E. Public Works Project No. CP1515* (Snyder)
City Council to approve Final Pay Estimate No. 7 to Contract No. 16-18 in the
amount of $51,906.89 and accept construction of Project No. CP1515, 2016
Local Street Reconstruction and Preservation Project.
F. Public Works Project No. CP1606* (Snyder)
City Council to approve Change Order No. 01 in the amount of $63,190.70 to
Contract No. 17-04 for work on Project No. CP1606, Auburn Teen and
Community Center (H Street SE Extension)
VIII. UNFINISHED BUSINESS
IX. NEW BUSINESS
X. ORDINANCES
Page 2 of 138
A. Ordinance No. 6644* (Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Sections 18.04.625, 18.23.030, and 18.57.035 of the City Code, relating to the
residential uses allowed in the C-1, Light, Commercial Zoning District, and
development standards for mixed-use development
B. Ordinance No. 6648* (Heid/Lee)
An Ordinance of the City Council of the City of Auburn, Washington, creating a
new section 9.96.030 of the Auburn City Code relating to vehicle trespass
XI. RESOLUTIONS
A. Resolution No. 5287* (Snyder)
A Resolution of the City Council of the City of Auburn, Washington, setting a
public hearing to consider a franchise agreement with MCImetro Access
Transmission Services Corp., D/B/A Verizon Access Transmission Services, a
Delaware Corporation; a franchise for telecommunications services
B. Resolution No. 5290* (Snyder)
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor to accept federal grant funds to be administered through the
Washington State Department of Transportation for the A St SE Corridor Signal
Safety & Operations Improvements Project
C. Resolution No. 5291* (Hinman)
A Resolution of the City Council of the City of Auburn, Washington, approving
amendment to the 2016 Annual Action Plan update of the Consolidated Plan
XII. MAYOR AND COUNCILMEMBER REPORTS
At this time the Mayor and City Council may report on their significant City-related
activities since the last regular Council meeting.
A. From the Council
B. From the Mayor
XIII. ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City
website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are
available for review at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
Page 3 of 138
AGENDA BILL APPROVAL FORM
Agenda Subject:
2016 Community Development Block Grant Annual Action
Plan Amendment
Date:
April 12, 2017
Department:
Administration
Attachments:
Executive Summary
Budget Impact:
$0
Administrative Recommendation:
City Council conduct the public hearing. For more information on this item, please see
Resolution No. 5291.
Background Summary:
The CDBG Annual Action Plan provides a concise summary of the actions, activities
and specific federal and non-federal resource that will be used each year to address
the priority needs and specific goals identified by the Consolidated Plan. Action Plan
Amendments carry out new activities using funds covered under the consolidated
plan. The process of a substantial amendment process is required by the U.S.
Department of Housing and Urban Development (HUD) and the City’s Consolidated
Plan to reallocate funds received.
The City of Auburn will reallocate $280,000 in CDBG funds for projects that are
consistent with federal regulations and the objectives and policies of the Auburn
Consolidated Housing and Community Development Plan. The funding will be used to
make ADA updates to Les Gove Park restrooms and to complete housing repair
projects for low-income homeowners in Auburn.
Reviewed by Council Committees:
Councilmember: Staff:Hinman
Meeting Date:April 17, 2017 Item Number:PH.1
AUBURN * MORE THAN YOU IMAGINEDPH.1 Page 4 of 138
Annual Action Plan 2016 1
OMB Control No: 2506-0117 (exp. 07/31/2015)
Executive Summary
AP-05 Executive Summary - 91.200(c), 91.220(b) 1. Introduction
Each year the City of Auburn executes specific actions to implement the goals and strategies of the Consolidated Plan for Years 2015-2019. Actions that will be undertaken in 2016 are outlined in this Annual Action Plan.
The City of Auburn received $519,029 in Community Development Block Grant (CDBG) funds in 2016. The funds were allocated for the City's Housing Repair program ($249,950), Public Service Activites ($77,550), Ecomonic Development ($40,000), support of youth outreach ($51,644). and general program management ($100,000).
The City also had a total of $300,XXX in unspent funds accumulated from prior years. The accumulation is due to projects that were unable to be completed.
The 2016 Action Plan Amendment proposes to reallocate $261,552 of the accumulated funds to the update the City's Les Gove Park bathroom to make them ADA accessible and $20,000 to the City's Housing Repair program.
The City of Auburn is committed to focusing more on achieving solutions to recurring social problems and achieve a greater collaboration among service providers.
2. Summarize the objectives and outcomes identified in the Plan
This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.
With the overall goal of reducing the number of people living in poverty within the City of Auburn, the following objectives for the 2016 Action Plan Amendment will be employed:
1. Rehabilitate housing occupied by low to moderate income persons. 2. Improve public facilities for a purpose that beneifts all residents and at least 51% of those residents are low to moderate income.
Outcomes are as follows:
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1. Increasing the affordability, accessibility and access to supportive services of affordable housing for low income Auburn residents. 2. Increase number Auburn residents using Les Gove Park services and activities.
To accomplish these outcomes and objectives, the City invests in programs that meet the community basic needs, increase self sufficiency, provide opportunites to develop a safe community.
3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.
During the past year Auburn has accomplished significant achievement on its programs and impacted the lives of thousands of residents. In 2016 alone, projects funded by the City completed the following:
Over 50 low income Auburn residents were able to avoid homelessness by providing maintnence to their deteriorating homes through the City's housing repair program. Over 200 low income Auburn residents avoided utilizing costly emergency healthcare services by receiving free medical and/or dental care. 12 low income small business owners received technical assistance to start or expand their small business in Auburn.
In the end of 2016 the Green River Small Business Assistance Center (economic development) notified the City that they were unable to meet their original deliverables detailed in their contract. Due to the unmet deliverables the City only awarded the amount for the services they were able to complete. The amount detailed in their original contract was $40,000 for 27 small business owners. The City awarded $20,000 for the 12 business owners they successfully provided services to.
4. Summary of Citizen Participation Process and consultation process
Summary from citizen participation section of plan.
Notices of the Action Plan Amendment are sent out in the newspaper and public comment is made available at a City Council meeting. Review of the Amendment can be done per request of the City of Auburn's Human Services Manager.
Two public forums will be made available for the Annual Action Plan amendment. One prior to its approval and another after its approval Both public forums will be conducted at a City of Auburn Council Meeting that will be publicized in the City's vehicles of communication.
5. Summary of public comments
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Annual Action Plan 2016 3
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This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.
6. Summary of comments or views not accepted and the reasons for not accepting them
7. Summary
Auburn residents along with stakeholders, community partners, service providers and others were consulted during the development of the Action Plan. They provided valuable input that supported to the development of the outcomes and objectives listed in the plan.
The City of Auburn will continue to use all of its funds to support residents of low/moderate income while maintaining a focus on underserved and special populations.
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PR-05 Lead & Responsible Agencies - 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan
The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.
Agency Role Name Department/Agency Lead Agency AUBURN CDBG Administrator ESG Administrator Table 1 – Responsible Agencies Narrative
Consolidated Plan Public Contact Information
Erica Azcueta, Human Services Manager
25 West Main Street, Auburn, WA 98001
eazcueta@auburnwa.gov 253-876-1965
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AP-10 Consultation - 91.100, 91.200(b), 91.215(l) 1. Introduction
The City of Auburn consulted with local and regional public and private agencies during the development of the Action Plan Amendment. Agencies that participated in consultations included: the King County Department of Community and Human Services, and nonprofit agencies delivering services in Auburn and the subregion.
In addition to conducting consultations during the development of the plan, the City of Auburn collaborates and works closely with numerous coalitions, committees and government entities throughout the duration of the plan in efforts to enhance strategies and systems to meet established goals and objectives on the plan.
Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)).
The City of Auburn works closely with partnering King County jurisdictions, public housing authorities and health providers to develop systems in order to improve the quality of service and access for low-income residents as well as the community as a whole within the city and throughout the region. Additionally, the City participates in monthly meetings with King County Community and Human Services, Public Health King County, Valley Cities, the Multi-Service Center and King County Housing Authority to review program progress and delivery of services funded through regional efforts. This group has worked collaboratively to fund a full-time Homeless and Housing Planner to address needs and issues in the South King County region.
Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.
The City works closely with the King County CoC to ensure residents needs are being met and nonprofits delivering services have access to funds awarded through the CoC. The City also works closely with nonprofits in reciept of CoC funds including Auburn Youth Resources, King County YWCA and Valley Cities.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction’s area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS
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All projects receiving CoCfunding are required by HUD to apply for support through a local Continuum of Care. For King County, the Continuum of Care encompasses programs and activities within the borders of King County. Each continuum sets funding priorities and need for its community. The King County CoC priorities are set by All Home King County. Auburn staff contribute to the CoC by working collaboratively with All Home on efforts for King County to ensure coordination efforts between the two entities.
2. Agencies, groups, organizations and others who participated in the process and consultations
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Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization KING COUNTY Agency/Group/Organization Type Other government - County What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination?
The City and King County meet regularly to discuss all CDBG related issues that impact our region. To improve coordination there have been more strategic systems put in place to increase communication and collaborative efforts.
Identify any Agency Types not consulted and provide rationale for not consulting
The City of Auburn consulted with all types of organizations that primarily serve the populations focused on in the Action Plan Amendment and implemented programs that addressed the greatest need in the community.
The only types of organizations not consulted with were corrections facilities and homeless shelters. The rationale for not consulting with these facilities is that the City does not host either type of organization in the region.
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Other local/regional/state/federal planning efforts considered when preparing the Plan
Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care King County The goals of Auburn's Strategic Plan overlap with the goals of the CoC to address the needs of homeless residents in the community and reduce the risk of homelessness. Table 3 - Other local / regional / federal planning efforts
Narrative
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AP-12 Participation - 91.401, 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting
Citizen participation plays a crucial role in the success of the City's Annual Action Plan. The goals are to hear the community's feedback and recommendations on how CDBG funds should be invested and how services can coordinate to achieve the greatest impact.
Citizens will be given two opportunities to participate in the process throughout the year. The first time will be prior to the submittal of the Amendment and the second will be after the Amendment is approved.
Citizen Participation Outreach
Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons
URL (If applicable)
1 Newspaper Ad Non-targeted/broad community No comments were received.
2 Public Meeting Non-targeted/broad community
Table 4 – Citizen Participation Outreach
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Expected Resources
AP-15 Expected Resources – 91.420(b), 91.220(c) (1, 2) Introduction
The City of Auburn anticipates funding for the duration of the Consolidated Plan from
CDBG City of Auburn General Fund allocation for Community Services
Anticipated Resources
Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $
Narrative Description Annual Allocation: $
Program Income: $ Prior Year Resources: $
Total: $
CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 529,029 0 277,808 806,837 1,587,427
General Fund public - local Public Services 500,000 0 0 500,000 2,000,000 Table 5 - Expected Resources – Priority Table Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how
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matching requirements will be satisfied
The City of Auburn relies on CDBG funds to support community and economic development projects and activities in efforts to support low to moderate income populations become self sufficient and sustain affordable housing. However, CDBG funds are not the only source of funds the City uses to support community projects and activities. The City's general funds are used to support community projects in addition to CDBG funds.
CDBG funds do not require matching funds.
If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan
N/A
Discussion
The City of Auburn will use CDBG funds to support all eligible projects and activities that align with CDBG guidelines and regulations.
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Annual Goals and Objectives AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e)
Goals Summary Information
Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator
1 Ensure a Suitable Living Environment 2015 2019 Non-Housing Community Development
Homeless Prevention and Intervention Affordable Housing Development and Preservation
CDBG: $66,664 Public service activities other than Low/Moderate Income Housing Benefit: 15 Persons Assisted Public service activities for Low/Moderate Income Housing Benefit: 55 Households Assisted 2 End Homelessness 2015 2019 Homeless Homeless Prevention and Intervention CDBG: $62,500 Homelessness Prevention: 30 Persons Assisted 3 Ensure Decent, Affordable Housing 2015 2019 Affordable Housing Public Housing Affordable Housing Development and Preservation Neighborhood Revitalization
CDBG: $289,950 Public service activities other than Low/Moderate Income Housing Benefit: 30 Persons Assisted Homeowner Housing Rehabilitated: 55 Household Housing Unit 4 Planning and Administration 2015 2015 Planning and Administration CDBG: $100,000
Table 6 - Goals Summary
Goal Descriptions
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1 Goal Name Ensure a Suitable Living Environment Goal Description 2 Goal Name End Homelessness Goal Description 3 Goal Name Ensure Decent, Affordable Housing Goal Description 4 Goal Name Planning and Administration Goal Description Table 7 – Goal Descriptions
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AP-35 Projects - 91.420, 91.220(d) Introduction
Auburn's Annual Action Plan provides descriptions of proposals of how funds will be prioritized to achieve goals identified in the Consolidated Plan. Projects funded by the City will address the priority needs of providing assistance to prevent homelessness, ensure affordable housing and a suitable living environment. Projects and programs are selected through a competitive application process to ensure optimal quality services is provided to the community in use of the funds.
# Project Name 1 HOUSING REPAIR 2 GRC SMALL BUSINESS ASSISTANCE CENTER 3 Les Gove Park Restroom Upgrade Table 8 – Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The allocations proposed are based on the assessment of Auburn's needs, the resources available in the region, the availability of other funds also focusing on needs, and the purpose of Consolidated Plan funds.
Should CDBG revenues exceed the proposed amount, the additional resources shall be allocated in accordance to the following guidelines:
Fill gaps in human services primarily healthcare, homeless prevention and intervention and affordable housing accessibility. Increase funding for physical development activities including housing, community facilities and economic development.
If increases are not significant enough to enhance projects or activitities funds may be placed in contingency for programming later in the year or the following program year.
Should CDBG revenues come in lower than anticipated; the City will continue with its planned policy and to the extent allowed reduce funding allocations in physical development projects and administrative activities. Public service project funds will not be decreased.
Should CDBG revenues come in less than originally proposed, the City will continue managing the programs with decreased resources to the extent possible and reduce funding allocations in administrative activities and not public services.
If exceeded revenues are not significant enough to enhance or fund a project, funds may be placed in
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contingency for programming later in the year or in the next program year.
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AP-38 Project Summary Project Summary Information
1 Project Name HOUSING REPAIR Target Area Goals Supported Ensure a Suitable Living Environment Needs Addressed Affordable Housing Development and Preservation Neighborhood Revitalization Funding : Description Maintain the affordability of decent housing for very low-income Auburn residents by providing repairs necessary to maintain suitable housing for low income Auburn homeowners. Target Date 12/29/2017 Estimate the number and type of families that will benefit from the proposed activities
A minimum of 4 Auburn residents will benefit from the housing repair program.
Location Description Auburn city limits. Planned Activities Minor home repairs and maintenance include but are not limited to: roof repair, ramp installation, furnace repair and replacement, plumbing, floor repair and weatherization. 2 Project Name GRC SMALL BUSINESS ASSISTANCE CENTER Target Area Goals Supported Ensure a Suitable Living Environment Needs Addressed Economic Opportunity
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Funding CDBG: $20,000 Description Create economic opportunities by providing the availability and access to counseling and training for approximately 12 Auburn residents who are either trying to sustain or create a small business and collectively generate jobs. Target Date 12/29/2017 Estimate the number and type of families that will benefit from the proposed activities
12 Auburn residents will benefit from the proposed activity of Small Business Assistance.
Location Description 1221 D Street NE Auburn, WA 98002 Planned Activities Provide counseling and technical assistance to low income Auburn residents who are small business owners looking to improve or expand their business as well as residents looking to start a small business in Auburn. 3 Project Name Les Gove Park Restroom Upgrade Target Area Goals Supported Ensure a Suitable Living Environment Needs Addressed Neighborhood Revitalization Funding : Description The City of Auburn Les Gove Park restroom has experienced significant deterioration over the years causing residents visiting the park to not feel safe using the restroom facilities. The Les Gove Park provides imperative programs and services to many of Auburn's low to moderate income residents. Ensuring all park facilities such as the restroom are safe and ADA compliant allow park staff to continue serving our residents and connect them with invaluable programs. Target Date 12/29/2017
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Estimate the number and type of families that will benefit from the proposed activities
The Les Gove Park hosts 80,000-90,000 visitors each year. All visitors of the Park and its facilities will benefit from the proposed activities with a specific benefit to those living with physical disabilities.
Location Description 910 9th St. SE Auburn, WA 98002 Planned Activities Contain and stabilize project area using appropriate erosion control measures. Demolish and dispose of existing restroom building, and excavate project area to accommodate proposed building footprint. Upgrade existing water supply lines to accommodate the increase in restroom fixtures if necessary. Construct the new building using appropriate building materials based on today's construction materials. Install toilets, urinals and sinks based on design develoed by project architect. Install landscape improvements to stabilize soils and to match existing landscaping in the vicinity of the project area.
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AP-50 Geographic Distribution - 91.420, 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed
The City of Auburn intends on distributing funds throughout the jurisdiction.
Geographic Distribution
Target Area Percentage of Funds Table 9 - Geographic Distribution Rationale for the priorities for allocating investments geographically
n/a
Discussion
Due to the fact that areas of low-income and minority concentrations are dispersed throughout all of Auburn, the City intends on investing throughout the entire jurisdiction to ensure that all populations throughout the region have access to beneficial programs and housing opportunitites.
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AP-85 Other Actions - 91.420, 91.220(k) Introduction
The City of Auburn will continue to work with service providers throughout the region in coordination to develop systems and strategies to promote their efforts in providing optimal, easily accessible services. The City will work to reduce the number of families in poverty, sustain relationships with employment training agencies, and work to preserve the affordable housing stock in our community.
Actions planned to address obstacles to meeting underserved needs
By establishing a strong foundation of networks between local service providers, stakeholders and government agencies through committees and coalitions, the City will work in partnership to address obstacles and ameliorate barriers to meeting underserved needs. The collaborated organizations will develop detailed strategic plans that will delegate tasks, build systems and ongoing assessment of service delivery.
Actions planned to foster and maintain affordable housing
The City will continue to maintain the affordability of decent housing for low income Auburn residents by reallocating $20,000 of CDBG funds to the City's Housing Repair Program. The program provides emergency repairs necessary to maintain safe housing for up to 55 Auburn homeowners, many of whom are senior citizens and/or are experiencing barriers safely accessing their homes due to physical disabilities or impairment.
In addition to Auburn's Housing Repair program, the City will maintain affordable housing by continuing to engage and partner with coalitions, committees and other government agencies to integrate and enhance efforts on the issue.
Actions planned to reduce lead-based paint hazards
The City of Auburn will continue to implement U.S. Department of Housing Urban Development (HUD) regulations to protect residents from lead-based paint hazards in housing that is financially assisted by the federal government. The requirements apply only to housing built prior to 1980, the year lead-based paint was banned nationwide for consumers.
Actions planned to reduce the number of poverty-level families
The City of Auburn's actions planned to reduce the number of poverty- level families include but are not limited to:
Allocating $20,000 to the housing repair program
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Participate and partner with coalitions, committees and agencies that provide antipoverty services to develop and enhance strategies and efforts to reduce poverty level families
Actions planned to develop institutional structure
The City's planned actions to address the gaps and weaknesses identified in the strategic plan include:
Maintaining partnerships with and participating in the South King County Homeless Coalition, the Committee to End Homelessness of King County and other regional human service providers, coalitions and committees who address homeless issues. The City will also continue to work collaboratively with partnering organizations and groups to integrate and enhance services to provide optimal services to individuals and families currently experiencing or at risk of homelessness. Continue to use the recommendations provided by the City's Homeless Task Force to address gaps in services to our homeless population and identify where resources can be leveraged to strengthen the safety net of supportive services available to our residents.
Actions planned to enhance coordination between public and private housing and social service agencies
The City of Auburn has heavily contributed and intends to continue cultivating relationships between public and private housing and social service agencies. In addition the City will continue to participate in collaborations with the South King County Homeless Forum, the South King County Council of Human Services, King County Housing Development Consortium and the Seattle-King County Joint Planners Meeting.
Discussion
The expressed goal of the City's Consolidated Plan is to reduce the number of people living in poverty within Auburn. The City intends to give funding priority to programs that in addition to complying with federal regulations and address a priority a outlined in the Consolidated Plan are consistent with all of the goals and objectives identified.
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Program Specific Requirements AP-90 Program Specific Requirements - 91.420, 91.220(l)(1,2,4)
Introduction
The City of Auburn will use all CDBG funds to support projects and activities benefiting low and moderate income residents. The full allowable amount of funds will be used for Public Services and Planning and Administration with the remaining balance intended for housing rehab services and economic development.
Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float-funded activities 0 Total Program Income: 0 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00%
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OMB Control No: 2506-0117 (exp. 07/31/2015)
Discussion
The City of Auburn will continue to use all of its funds to support residents of low/moderate income while maintaining a focus on underserved and special populations.
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Annual Action Plan 2016 25
OMB Control No: 2506-0117 (exp. 07/31/2015)
PH.1 Page 29 of 138
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the April 3, 2017 Regular City Council Meeting
Date:
April 11, 2017
Department:
Administration
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember: Staff:
Meeting Date:April 17, 2017 Item Number:CA.A
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Page 1
CITY COUNCIL
MEETING MINUTES
APRIL 3, 2017 7:00 PM
I. CALL TO ORDER
A. Pledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. and
led those in attendance in the Pledge of Allegiance.
B. Roll Call
City Councilmembers present: Deputy Mayor Largo Wales, Bob
Baggett, Claude DaCorsi, John Holman, Bill Peloza, Yolanda Trout-
Manuel, and Rich Wagner.
Mayor Nancy Backus was in attendance, and the following
department directors and staff members were present: Community
Development and Public Works Director Kevin Snyder; Parks, Arts
and Recreation Director Daryl Faber, Director of Administration
Dana Hinman, Finance Director Shelley Coleman, City Attorney
Daniel B. Heid, Human Resources and Risk Management Director
Rob Roscoe, Police Chief Bob Lee, Innovation and Technology
Director Paul Haugan, Assistant Director of Engineering
Services/City Engineer Ingrid Gaub, and City Clerk Danielle
Daskam.
II. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS
A. Proclamation - Declaring April 14, 2017 as "Sikh Heritage Day"
in the city of Auburn
Mayor Backus read and presented a proclamation declaring April
14, 2017 as Sikh Heritage Day in the city of Auburn to young
Prabhsharan Singh. Mayor Backus urged citizens to recognize the
contributions of the Sikh heritage to the Auburn community.
Prabhsharan Singh thanked Mayor Backus for the proclamation.
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B. Service Recognition
Mayor Backus presented Parks, Arts and Recreation Director Daryl
Faber with his service award pin in recognition of his 15 years of
service with the City of Auburn.
III. APPOINTMENTS
There was no appointment for Council consideration.
IV. AGENDA MODIFICATIONS
There was no change to the agenda.
V. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
No public hearing was scheduled for this evening.
B. Audience Participation
This is the place on the agenda where the public is invited to speak
to the City Council on any issue. Those wishing to speak are
reminded to sign in on the form provided
Roland Kidd, 210 13th Street SE, Auburn
Mr. Kidd urged the Council to install a traffic signal at 12th and A
Street SE. Mr. Kidd spoke against consideration of sanctuary city
status and any tax increases. He also spoke about homelessness
in the city.
Nick Wilson, 33010 17th Pl SE, Federal Way
Mr. Wilson reported that Friendship Day will be celebrated on
August 6, 2017.
Skyler Nichols, “Skyman, the Tricolored Crusader”
Mr. Nichols also spoke regarding celebrating Friendship Day on
August 6, 2017.
Gurminder Hothi, 27902 36th Avenue S, Auburn
Mr. Hothi stated he is a Sikh and thanked the Mayor and City
Council for recognizing Sikh Heritage Day. Mr. Hothi stated he
works for Downtown Emergency Services Center as a chemical
dependency professional and has a Masters Degree in social work.
Mr. Hothi spoke regarding mental health and drug dependency
issues in the region. Mr. Hothi commented on Senator Miloscia’s
recent comments encouraging people to “get clean” and cautioned
any “shaming” of people into sobriety.
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C. Correspondence
There was no correspondence for Council review.
VI. COUNCIL AD HOC COMMITTEE REPORTS
Councilmember Baggett reported on behalf of the Finance ad hoc
committee that reviews claims and payroll vouchers. Councilmember
Baggett reported he and Councilmember Wagner reviewed the payroll
vouchers in the approximate amount of $2.3 million and claims vouchers
in the amount of approximately $1.7 million. The ad hoc committee had
no questions and recommends approval of the claims and payroll
vouchers as described on the Consent Agenda.
Councilmember DaCorsi, chair of the ad hoc committee on the selection
of the Deputy Mayor, reported the ad hoc committee will meet on April 10
and will present their recommendation at a future Council study session.
Councilmember Trout-Manuel, chair of the ad hoc committee on safe and
inclusive city, stated the ad hoc committee will meet next Wednesday, and
the ad hoc committee will report to the full Council at the April 24th Council
study session.
Deputy Mayor Wales reported the ad hoc committee on the $20.00 car
license fee met this evening at 6:00 and discussed a time line for their
next meetings. The ad hoc committee will meet on April 24, 2017 at 4:30
p.m. and May 1, 2017 at 6:00 p.m.
VII. CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City
Council to be routine and will be enacted by one motion in the form listed.
A. Minutes of the March 20, 2017 Regular City Council Meeting
B. Claims Vouchers
Claims voucher numbers 443167 through 443332 in the amount of
$1,519,222.68 and four wire transfers in the amount of
$158,460.26 and dated April 3, 2017.
C. Payroll Vouchers
Payroll check numbers 537186 through 537212 in the amount of
$844,916.99 and electronic deposit transmissions in the amount of
$1,480,667.00 for a grand total of $2,325,583.99 for the period
covering March 16, 2017 to March 29, 2017.
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Page 4
Deputy Mayor Wales moved and Councilmember Trout-Manuel
seconded to approve the Consent Agenda.
MOTION CARRIED UNANIMOUSLY. 7-0
VIII. UNFINISHED BUSINESS
There was no unfinished business.
IX. NEW BUSINESS
There was no new business.
X. ORDINANCES
A. Ordinance No. 6645
An Ordinance of the City Council of the City of Auburn,
Washington, approving the Final Plat of Wyncrest Division
Deputy Mayor Wales moved and Councilmember DaCorsi
seconded to adopt Ordinance No. 6645.
Ordinance No. 6645 was reviewed at the last Council study
session.
MOTION CARRIED UNANIMOUSLY. 7-0
B. Ordinance No. 6646
An Ordinance of the City Council of the City of Auburn,
Washington, amending Ordinance No. 6621, the 2017-2018
Biennial Budget Ordinance, authorizing amendment to the City
of Auburn 2017-2018 Budget as set forth in Schedule "A",
Schedule "B", and Schedule "C"
Deputy Mayor Wales moved and Councilmember Baggett
seconded to adopt Ordinance No. 6646.
Ordinance No. 6646 was reviewed at the last Council study
session.
MOTION CARRIED UNANIMOUSLY. 7-0
C. Ordinance No. 6647
An Ordinance of the City Council of the City of Auburn,
Washington, amending Sections 1.25.065, 8.12.080 and 8.20.050
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Page 5
of the Auburn City Code relating to the abatement of public
nuisances
Deputy Mayor Wales moved and Councilmember Trout-Manuel
seconded to adopt Ordinance No. 6647.
Ordinance No. 6647 was reviewed at the last Council study
session.
MOTION CARRIED UNANIMOUSLY. 7-0
D. Ordinance No. 6649
An Ordinance of the City Council of the City of Auburn,
Washington, amending Sections 2.08.030, 2.33.010, 2.33.020,
2.36.040, 2.42.020, 2.42.040, 2.43.020 and 2.84.030 of the Auburn
City Code, and creating a new Section 2.30.040 of the City Code,
relating to City boards and commissions
Councilmember Peloza moved and Councilmember Holman
seconded to adopt Ordinance No. 6649.
Councilmember Peloza stated the ordinance was reviewed at the
last Council study session. The ordinance clarifies many of the
provisions for City boards and commissions that serve as advisory
bodies to the City Council.
Deputy Mayor Wales stated she intends to vote against Ordinance
No. 6649. Deputy Mayor Wales stated she believes the ordinance
does not adequately address conflicts of interest, and its existing
language does not allow for a wide range of variety in membership.
MOTION CARRIED. 6-1 Deputy Mayor Wales voted no.
XI. MAYOR AND COUNCILMEMBER REPORTS
A. From the Council
Deputy Mayor Wales reported on her attendance at the Auburn
Valley Humane Society fund raiser.
Councilmember Peloza reported he and other Councilmembers
attended a King County cities information session on immigrant
and refugee issues at the Renton Community Center. Attendees
heard testimony from refugees, and City of Renton representatives
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Page 6
also reported on the status of their inclusive community
designation.
Councilmember Trout-Manuel reported she attended the King
County cities forum in Renton on immigrant and refugee issues.
Councilmember Trout-Manuel also reported she attended the
Auburn Valley Humane Society fund raiser and the Vietnam
Veterans War Memorial benefit dinner for the memorial site at Les
Gove Park.
Councilmember Baggett reported he attended the Auburn Valley
Humane Society fund raiser and the American and Vietnamese
Veterans War Memorial benefit dinner.
Councilmember Holman reported on his attendance at the
Washington State Forensics Investigation Council meeting, where
the Council met the State Forensic Odontologist, Dr. Gary Bell. Dr.
Bell identifies remains from dental records.
Councilmember Wagner reported on his attendance at the FIRST
(For Inspiration and Recognition in Science and Technology)
robotics competition held at the Auburn High School gymnasium.
Councilmember DaCorsi reported he attended the King County
Growth Management Planning Council meeting where the Council
received presentations on the Growth Management Planning
Council work plan and an update on regional growth centers.
B. From the Mayor
Mayor Backus reported on attendance at the Coffee with Auburn
Police Bike Officers at Busted Bike Café, the Auburn Valley
Humane Society gala and fund raiser, a ribbon cutting ceremony
for Serendipity Spa and Wellness, OmniFab business tour, the
King County Public Health R.E.A.D.Y. (Real Emergency Aid
Depends on You) Program which is a result of the Blue Ribbon
panel on making Auburn the healthiest city in Washington by 2020,
a presentation to Lakeview Elementary student Geoffrey Vukich
who contributed money at the Annual Valentine Breakfast for
Nexus Youth and Families and to thank him for his selfless act of
kindness and generosity, the Sound Cities Association breakfast
with Governor Inslee, and opening day of Auburn Little League.
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City of Auburn Council Meeting Minutes April 3, 2017
Page 7
XII. EXECUTIVE SESSION
At 7:50 p.m., Mayor Backus recessed the meeting to executive session for
approximately fifteen minutes in order to discuss pending/potential
litigation. City Attorney Heid, Human Resources and Risk Management
Director Roscoe, and Community Development and Public Works Director
Snyder attended the executive session. At 8:06 p.m., the executive
session was extended an additional five minutes. No action was
anticipated following the executive session.
Mayor Backus reconvened the meeting at 8:12 p.m.
XIII. ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 8:12 p.m.
APPROVED THE ______ DAY OF APRIL, 2017.
NANCY BACKUS, Mayor Danielle Daskam, City Clerk
City Council agendas and minutes are available to the public at the City Clerk’s
Office, on the City website, and via e-mail. Complete agenda packets are
available for review at the City Clerk’s Office.
Internet: http://www.auburnwa.gov
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers
Date:
April 11, 2017
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve the claims vouchers.
Background Summary:
Claims voucher numbers 443333 through 443512 in the amount of $4,677,200.81
and four wire transfers in the amount of $960,005.30 and dated April 17, 2017.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:April 17, 2017 Item Number:CA.B
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers
Date:
April 11, 2017
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve payroll vouchers.
Background Summary:
Payroll check numbers 537213 through 537237 in the amount of $569,355.74
and electronic deposit transmissions in the amount of $1,517,766.58 for a grand total
of $2,087,122.32 for the period covering March 30, 2017 to April 12, 2017.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:April 17, 2017 Item Number:CA.C
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1107
Date:
April 6, 2017
Department:
CD & PW
Attachments:
Vicinity Map
CP1107 - Budget Status Sheet
Budget Impact:
$327,218.00
Administrative Recommendation:
City Council grant permission to advertise Project No. CP1107, Fulmer Well Field
Improvements, Contract 17-09.
Background Summary:
The Fulmer Well Field Improvements project (Project) is the second phase of
rehabilitation at the Fulmer Well Field site. The Project includes re-equipping Well 2
and Well 6 to produce much needed drinking water for City peak demands. The major
improvements to the Fulmer Facility include:
• Installing new variable speed pumps at each well.
• Installing column pipe and associated pump controls including variable
frequency drives for well pumps.
• Installing flow meters.
• Installing Cathodic Protection.
• Installing SCADA (Supervisory Control and Data Acquisition) telemetry for Wells
2 and 6, and integrating with the City’s existing SCADA system.
• Upgrades to the existing disinfection system.
Advertising for construction bids is anticipated to begin in April 2017 with construction
anticipated to begin in May 2017. Construction of the project is expected to last 4
months.
A project increase of $347,374.00 within the 460 Water Fund is anticipated and these
funds are available due to the deferment of other Well rehabilitation projects. Actual
budget needs (if any) will be determined after bids are opened and included in the
Contract Award documentation presented to City Council.
Reviewed by Council Committees:
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Councilmember:Staff:Snyder
Meeting Date:April 17, 2017 Item Number:CA.D
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CA.D Page 43 of 138
Project No: CP1107 Project Title:
Project Manager: Luis Barba
Project Update
Initiation Date: 1/16/2016 Permision to Advertise
Advertisement Date: 4/18/2017 Contract Award
Award Date: ___________ Change Order Approval
Contract Final Acceptance
Funding
Prior Years
(Actuals)2015 (Actuals) 2016 (Actuals)
2017 Total
460 Fund - Water Bonds 737,051 166,646 127,199 1,030,896
460 Fund - Water 99,051 0 390,368 800,000 1,289,419
Total 836,102 166,646 517,567 800,000 2,320,315
Activity
Prior Years
(Actuals)2015 (Actuals) 2016 (Actuals)
2017 Total
Phase 1: Site Study
Design Engineering - City Costs 4,773 786 5,559
Design Engineering - Consultant Costs 821,493 51,991 69,860 943,344
Construction 9,836 71,033 80,870
Equipment Procurement 42,836 125,177 168,013
Subtotal 836,102 166,646 195,037 0 1,197,785
Phase 2: On-Site Improvements
Design Engineering - City Costs 13,889 10,000 23,889
Design Engineering - Consultant Costs 370,000 370,000
Equipment Procurement 20,824 20,824
Construction Estimate 822,000 822,000
Construction Contract Contingency (5%)41,100 41,100
Other - DOH project review 5,000 5,000
Construction Engineering - City Costs 90 20,000 20,090
Construction Engineering - Consultant Costs 167,000 167,000
Subtotal 34,803 1,435,100 1,469,903
Total 836,102 166,646 229,841 1,435,100 2,667,689
Prior Years
(Actuals)2015 (Actuals) 2016 (Actuals)
2017 Total
*460 Funds Budgeted ( )(836,102) (166,646) (517,567) (800,000) (2,320,315)
460 Funds Needed 836,102 166,646 229,841 1,435,100 2,667,689
*460 Fund Project Contingency ( )(0) (0) (287,726) 0 0
460 Funds Required (0) (0) 0 635,100 347,374
* ( # ) in the Budget Status Sections indicates Money the City has available.
460 Water Budget Status
BUDGET STATUS SHEET
Fulmer Well Field Improvements
Date: April 6, 2017
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
H:\PROJ\CP1107-Fulmer Wellfield Improvements\Budget\CP1107 BudgetStatusSheet .xls 1 of 1
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1515
Date:
April 6, 2017
Department:
CD & PW
Attachments:
Budget Status Sheet
Final Pay Estimate No. 7
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council approve Final Pay Estimate No. 7 to Contract No. 16-18 in the amount of
$51,906.89 and accept construction of Project No. CP1515, 2016 Local Street
Reconstruction and Preservation Project.
Background Summary:
This Project was part of the Local Street Preservation Program and included
rebuilding several streets and overlaying several segments of streets throughout the
City as well as associated water distribution system work, and storm drainage system
improvements. The project rebuilt 21st Street NE between Auburn Way N and I Street
NE, F Street SE between East Main and 4th Street SE, and 25th Street SE between
M Street SE and R Street SE, as well as the overlay several streets in the West Hill
area. The Project installed 2,589 lineal feet of storm drain infrastructure, 2,741 lineal
feet of new 12-inch and 8-inch water main, 70 new residential water services, and 41
ADA compliant Curb Ramps along the project streets.
A project budget contingency of $341,063.00 remains in the Local Street Preservation
Fund (103 Fund).
A project budget contingency of $154,455.00 remains in the Water Fund (460 Fund).
The final contract amount is within the budget and within the authorized contingency
for the project.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:April 17, 2017 Item Number:CA.E
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Project No: CP1515 Project Title:
Project Manager: Jai Carter
100% Estimate
Initiation Date: _August 24, 2015________ Permision to Advertise
Advertisement Date: _May 19, 2016_______ Contract Award
Award Date: _June 20, 2016__________ Change Order Approval
Contract Final Acceptance
Funding Prior Years
Actual
2015 2016 2017 Total
103 Fund - Local Street 5,438 1,952,846 402,969 2,361,253
460 Fund - Water 543,756 154,955 698,711
Total 0 5,438 2,496,602 557,924 3,059,964
Activity Prior Years
Actual
2015 2016 2017 Total
Design Engineering - City Costs*5,438 244 5,682
Design Engineering - Consultant Costs 262,903 262,903
Construction Contract 2,201,619 219,333 2,420,951
Change Order #1 6,450 6,450
Line Item Changes (167,426) (167,426)
Material Testing 3,989 3,989
Other - Pedestrian push button, supplies 10,226 10,226
Construction Engineering - City Costs*11,171 500 11,671
Construction Engineering - Consultant Costs 10,000 10,000
Total 0 5,438 2,496,602 62,407 2,564,446
*City staff costs for Local street design and construction are not charged against the project budget and are not shown here.
Prior Years
Actual
2015 2016 Future Years Total
*103 Funds Budgeted ( )0 (5,438) (1,952,846) (402,969) (2,361,253)
103 Funds Needed 0 5,438 1,952,846 61,907 2,020,190
*103 Fund Project Contingency ( )0 (0) (0) (341,062) (341,063)
103 Funds Required 0 0 0 0 0
Prior Years
Actual
2015 2016 Future Years Total
*460 Funds Budgeted ( )0 0 (543,756) (154,955) (698,711)
460 Funds Needed 0 0 543,756 500 544,256
*460 Fund Project Contingency ( )0 0 (0) (154,455) (154,455)
460 Funds Required 0 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
103 Local Street Budget Status
460 Water Budget Status
Estimated Cost (Funds Needed)
BUDGET STATUS SHEET
2016 Local Street Reconstruction and Preservation Project
Date: April 6, 2017
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1606
Date:
April 10, 2017
Department:
CD & PW
Attachments:
Budget Status Sheet
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council approve Change Order No. 01 in the amount of $63,190.70 to Contract
No. 17-04 for work on Project No. CP1606, Auburn Teen and Community Center (H
Street SE Extension).
Background Summary:
This project is associated with the Community and Teen (REC) Center Project and will
create access to the Les Gove Campus from Auburn Way South and will close Deals
Way which currently runs through the Les Gove Community Campus. These
improvements will encourage vehicles to access the new Community and REC Center
from Auburn Way South and H Street SE instead of utilizing neighborhood streets
(thus reducing traffic impacts associated with the new Community and REC Center on
surrounding neighborhood streets and also increasing visibility of the park from
Auburn Way South). The closure of Deals Way will prohibit vehicles from cutting
through the park area (between the Spray Park and the Library); thus improving
pedestrian safety. The construction work also includes modifications to the King
County library parking lot to accommodate the H Street SE/Auburn Way South
connection.
This change order will add the work to improve the Auburn Way South frontage
between the King County Library entrance and the Chevron Station near 12th Street
SE by removing the three existing driveways and sidewalk and constructing new
concrete curb and gutter, sidewalks, and street trees along Auburn Way South. This
work is consistent with the Les Gove Park Master Plan.
A project budget contingency of $98,007 remains in the 321 Fund (General Parks
Construction).
Reviewed by Council Committees:
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Councilmember: Staff:Snyder
Meeting Date:April 17, 2017 Item Number:CA.F
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C:\Users\mlarson\Desktop\CP1606_BudgetStatusSheet.xls 1 of 1
Project No: CP1606 Project Title:
Project Manager: Matthew Larson
Project Update
Advertise
Advertisement Date: Jan. 24, 2017 Contract Award
Award Date: Feb. 21, 2017 Change Order Approval
Contract Final Acceptance
Funding Prior Years 2016 (Actual)2017 Future Years Total
321 Fund - General Parks Construction 104,326 750,674 855,000
Total 0 104,326 750,674 0 855,000
Activity Prior Years 2016 (Actual)2017 Future Years Total
Design Engineering - City Costs 72,574 5,000 77,574
Design Engineering - Consultant 9,100 10,220 19,320
Right of Way - Easement Acquisition 20,624 20,624
Right of Way - TRs/Appraisals/Reviews 2,028 2,028
Construction Contract Bid 391,405 391,405
Change Order No. 1 63,191 63,191
Authorized Contingency (25%)97,851 97,851
Construction Engineering - City Costs 75,000 75,000
Construction Engineering - Materials Testing 10,000 10,000
Total 0 104,326 652,667 0 756,993
Prior Years 2016 (Actual)2017 Future Years Total
*321 Funds Budgeted ( )0 (104,326)(750,674)0 (855,000)
321 Funds Needed 0 104,326 652,667 0 756,993
*321 Fund Project Contingency ( )0 0 (98,007)0 (98,007)
321 Funds Required 0 0 0 0 0
321 General Parks Construction Budget Status
* ( # ) in the Budget Status Sections indicates Money the City has available.
BUDGET STATUS SHEET
Auburn Teen and Community Center (H St. SE Extension)
Date: April 10, 2017
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
CA.F Page 56 of 138
358.3
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet358.3
Notes
Change Order No. 1
Legend
179.20
1:2,150
CP1606 Auburn Teen and Community Center (H Street SE)
1in =179 ft
4/10/2017Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
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.
CA.F Page 57 of 138
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6644
Date:
April 12, 2017
Department:
Community Development &
Public Works
Attachments:
Ord 6644
Budget Impact:
$0
Administrative Recommendation:
City Council Adopt Ordinance No. 6644.
Background Summary:
On December 7, 2015 the City Council enacted Resolution No. 5187 which placed a
one-year moratorium prohibiting residential uses previously allowed within the C-1,
Light Commercial zoning district. The types of residential uses included in the
Moratorium are caretaker apartments, live/work units, multi-family buildings (stand-
alone or as part of a mixed-use project), nursing homes and assisted living facilities,
and senior housing. Neither the Moratorium nor the proposed Code amendments
would impact existing single-family homes, existing or previously permitted uses, or
transient-style uses (i.e. hotels, motels). “New” single-family residential uses were not
allowed in the C-1 zoning district even before the Moratorium. At the time of the
Moratorium there were 3 projects that were previously vested to allow residential uses
on C-1 properties. Since these projects already had applications that were considered
“complete” for processing, the projects were not affected by the Moratorium and were
allowed to continue. The purpose of the Moratorium was to allow the Planning
Commission and City Council to further examine whether these types of residential
uses are consistent with the intent of the C-1, Light Commercial zone and to change
the regulations to agree with this intent. Related to the intent, the C-1 zone exists to
serve as a transition between higher- and lower-intensity land uses by allowing
commercial uses that are generally lower intensity, more shopper oriented and more
compatible with adjacent residential uses.
Code amendments to relieve the time-limited Moratorium and to ensure that
appropriate residential uses allowed in the C-1 zoning district were discussed with the
Planning Commission at their regular meeting on October 4, 2016. A public notice
indicating that changes were being proposed related to allowing residential uses
within the C-1 zone was mailed out in advance of the hearing to every property owner
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 58 of 138
within the C-1 zone, as well as notification to local and State agencies, and published
in the Seattle Times newspaper. A public hearing on the proposed changes was
subsequently held by the Planning Commission on November 9, 2016 and the
Planning Commission forwarded a recommendation for changes to the City Council.
This recommendation has not yet been presented to the City Council.
While the Planning Commission was deliberating and reaching a recommendation, the
City received a private application for a zoning code text amendment that proposed
changes to allowed uses within the C-1 designation. Staff proceeded to conduct the
required and associated environmental review. The Determination of Non-Significance
(DNS) under the environmental review process for this was issued on November 17,
2016. The request on behalf of Promenade Apartments, LLC, sought to change the
uses or types of businesses allowed as the commercial portion of a “mixed-use” in the
C-1, Light Commercial zoning district. The request sought to amend Chapter 18.57
ACC, zoning “Standards for Specific Land Uses” and specifically, subsection ACC
18.57.030 (Residential) to change the uses allowed in the C-1, Light Commercial zone
for “mixed-use” projects that is currently limited to:
“… one or more commercial retail, entertainment or office uses that are permitted
outright or conditionally.“
Rather than the “retail, entertainment or office uses”, the Applicant seeks to have the
commercial portion of the mixed use project comprised of a daycare use; the
Applicant seeks to have their ten (10) percent of the first floor square footage as
commercial space consisting of a daycare operated by the YMCA to meet the “mixed
use” standards under current code provisions (ACC 18.57.030(1)(g)). However, this
proposed amendment sought to change the same section of code that Staff and the
Planning Commission were recommending for deletion. The approaches were in
conflict.
Ultimately, the Planning Commission made a recommendation that daycare is a
suitable use in a mixed-use development and language to address both this type of
use, and the to address the legal conformity of the 3 projects aforementioned. This
code language is shown as footnote 2 to ACC Table 18.23.030.
On December 5, 2016, the City Council then a enacted six-month extension to the
Moratorium (Resolution No. 5258). The extension was adopted to allow Staff and the
Planning Commission to determine how to proceed with addressing both the
Moratorium as well as the private text amendment application.
During review of the changes requested by Promenade Apartments LLC, some
inconsistencies were discovered in the “mixed-use” zoning standards. These
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 59 of 138
inconsistencies led Staff and the Planning Commission to further review and work to
clarify and provide consistency in the code language for mixed-use development
(outside of the C-1 zone). These changes include removing antiquated requirements
and clarifying and rewording the code language used; as shown throughout Exhibit 1,
Ordinance No. 6644.
The Planning Commission then held a Public Hearing on March 7, 2017 for Ordinance
No. 6644 and made a recommendation of approval to the City Council.
To summarize, the proposed zoning code amendments would address the following:
1. Amend the definition of “mixed-use development” (ACC 18.04.625) to clearly
require a residential component, where mixed-use is allowed. (Ord. 6644 Section 1)
2. Amend the list of allowed residential uses (ACC Table 18.23.030) within the C-1,
Light Commercial zoning district and thereby addressing the Moratorium. (Ord. 6644
Section 2) This amendment changes multiple family dwellings as part of a mixed use
development from permitted to prohibited and changes senior housing from
administrative to prohibited.
3. Add a footnote to ACC Table 18.23.030 to address projects that are vested to the
zoning standards that were in place prior to the Moratorium. (Ord. 6644 Section 2)
4. Amend/include in this footnote the types of uses that can satisfy the non-residential
component of a mixed-use development; this also addresses the private code
amendment request by Promenade Apartments LLC, to which they spoke in support-
of at the March 7, 2017 Public Hearing. (Ord. 6644 Section 2)
5. Amend the code language for mixed-use developments (ACC 18.57.030) to provide
clear and consistent language for use by the public and Staff. (Ord. 6644 Section 3)
Promenade Apartments LLC zoning code request City File No. ZOA16-0004
Reviewed by Council Committees:
Other: Planning, Fire, Legal, & Building
Councilmember: Staff:Snyder
Meeting Date:April 17, 2017 Item Number:ORD.A
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 60 of 138
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 61 of 138
ORDINANCE NO. 6 6 4 4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SECTIONS 18.04.625,
18.23.030, AND 18.57.035, OF THE CITY CODE, RELATING TO
THE RESIDENTIAL USES ALLOWED IN THE C-1, LIGHT
COMMERCIAL ZONING DISTRICT, AND DEVELOPMENT
STANDARDS FOR MIXED-USE DEVELOPMENT
WHEREAS, the City Council established a one-year moratorium, commencing on
December 7, 2015, under Resolution No. 5187, for accepting or processing applications,
permits, or other approvals for residential uses within the C-1, Light Commercial zoning
district; and,
WHEREAS, Resolution No. 5187 directed the Planning Commission and City Staff
to review and determine which uses listed under "Residential" in ACC Table 18.23.030
are appropriate within the C-1 zone; and,
WHEREAS, the Planning Commission discussed and determined which
Residential uses were appropriate in the C-1 zone at the October 4, 2016 Planning
Commission meeting; and,
WHEREAS, the Planning Commission held a public hearing on the proposed
amendments at the November 9, 2016 Planning Commission meeting, and made a
recommendation of the amendments to the City Council; and,
WHEREAS, a private application for a zoning text amendment was processed by
City Staff, culminating in issuance of a Determination of Nonsignificance (DNS) on
November 17, 2016. This private amendment request was proposing to amend a section
of code the Planning Commission had recommended to be removed, specifically relating
to the uses allowed to satisfy the non-residential component of a previously approved
mixed-use development; and,
Ordinance No. 6644
March 9, 2017
Page 1 of 11
ORD.A Page 62 of 138
WHEREAS, the timing of this private application triggered a need for the City
Council to extend the moratorium established under Resolution No. 5187; and,
WHEREAS, the City Council extended the moratorium for an additional six months
under Resolution No. 5258, commencing on December 5, 2016; and,
WHEREAS, City Staff presented further amendments to address the private
application request along with further amendments to the development standards for
mixed-use developments to the Planning Commission at the January 4, 2017 and
February 22 Planning Commission meetings; and,
WHEREAS, the Planning Commission held a public hearing on the proposed
amendments at the March 7, 2017 Planning Commission meeting, and made a
recommendation of the amendments to the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That Section 18.04.625 of the Auburn
City Code be and the same hereby is amended to read as follows:
18.04.625 Mixed-use development.
Mixed-use development" means a single unified development that incorporates
the planned integration of two or more different land uses consisting of some combination
of office, light industrial, hotel, retail, entertainment, public uses, along with aed-residential
uses. Mixed-use development may be vertically oriented in one or more buildings, or
geogr-aphiccally horizontally distributed on a development site: When geographically
horizontally distributed, the different uses may be constructed concurrently and or-in
separate phases, and should incorporate common and/or complementary features and/or
elements such as pedestrian walkways, access driveways, parking areas, architectural
themes, or other techniques that provide integration between uses on the site. (Ord. 6253
2, 2009.)
Section 2. Amendment to _City Code. That Section 18.23.020 of the Auburn
City Code be and the same hereby is amended to read as follows:
Ordinance No. 6644
March 9, 2017
Page 2 of 11
ORD.A Page 63 of 138
Table 18.23.030
Permitted, Administrative, Conditional and Prohibited Uses by Zone
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Zoning Designation Standards
LAND USE for Specific
C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Land Uses
INDUSTRIAL, MANUFACTURING AND PROCESSING, WHOLESALING
Building contractor, light XXXPXPXP
Building contractor, heavy XXXXXAXP
Manufacturing, assembling and packaging X X X P X P P P ACC
Light intensity 18.31.180
Manufacturing, assembling and packaging - X X X A X P A P ACC
Med-ium intensity 18.31.180
Manufacturing, assembling and packaging - X X X X X X X A ACC
Heavy intensity 18.31.180
Outdoor storage, incidental to principal X X X P X P P P ACC
permitted use on property 18.57.020(A)
Storage - Personal household storage X P X P X P X P ACC
facility (mini-storage)18.57.020(B)
Warehousing and distribution XXXXXPPCACC
18.57.020(C)
Warehousing and distribution, bonded and X X X P X P P P
located within a designated foreign trade
zone
Wholesaling with on-site retail as an X X X P X P P P
incidental use (coffee, bakery, e.g.)
RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES
Commercial recreation facility, indoor XPPPPPPA
Commercial recreation facility, outdoor X X X A X P A A ACC
18.57.025(A)
Conference/convention facility XXAAXAXX
Library, museum XAAAXAPX.
Meeting facility, public or private A P P P X A P A
Movie theater, except drive-in X P P P P X X X
Private school Specialized A A P P P P P P
education/training (for profit)
Religious institutions, lot size less than A P P P A A A A
one acre
Religious institutions, lot size more than C P P P A A A A
one acre
Sexually oriented businesses X X X P X P X P Chapter
18.74 ACC
Sports and entertainment assembly facility X X A A X A X A
Ordinance No. 6644
March 9, 2017
Page 3 of 11
ORD.A Page 64 of 138
Table 18.23.030
Permitted, Administrative, Conditional and Prohibited Uses by Zone
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Zoning Designation Standards
LAND USE for Specific
C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Land Uses
Studio - Art, dance, martial arts, music, P P P P P P A A
etc.
RESIDENTIAL
Caretaker apartment XPPPXPPP
Live/work or work/livc unit X PXPPPPPX
Work/live unit X P P P P P P X
Multiple-family dwellings as part of a X PX P P P P P X ACC
mixed-use development?18.57.030(A)
Multiple-family dwellings, stand-alone XXXXXXXXAGG
18.57.030-(3)
Nursing home, assisted living facility XPRPCXXX
Senior housing-Z X AXAAXXXX
RETAIL
Building and landscape materials sales XXXPXPXPACC
18.57.035(A)
Construction and heavy equipment sales and X' X X X X A X P
rental
Convenience store AAPPXPPP
Drive.-through espresso stands AAAPAPAA
Drive-through facility, including banks AAAPPPXPACC
and restaurants 18.52.040
Entertainment, commercial XAPPXAXA
Groceries specialty food stores PPPPPPPXACC
18.57.035(B)
Nursery XXXPAPXPACC
18.57.035(C)
Outdoor displays and sales associated with P P P P P P P P ACC
a permitted use (auto/vehicle sales not 18.57.035(D)
included in this category)
Restaurant, cafe, coffee shop P P P P P P P P
Retail
Community retail establishment APPPPPXP
Neighborhood retail establishment PPPPPPXP
Regional retail establishment XXXPPPXA
Tasting room PPPPPPPP
Ordinance No. 6644
March 9, 2017
Page 4 of 11
ORD.A Page 65 of 138
Table 18.23.030
Permitted, Administrative, Conditional and Prohibited Uses by Zone
P = Permitted A =Administrative C = Conditional Use X = Not Permitted
zoning Designation Standards
LAND USE for Specific
C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Land Uses
Tavern P PXPPPXA
Wine production facility, small craft A P P P P P P P
distillery, small craft brewery
SERVICES
Animal daycare (excluding kennels and AAAPAPXPACC
animal boarding) 18.57.040(A)
Animal sales and services (excluding P P P P P P X P ACC
kennels and veterinary clinics) 18.57.040(B)
Banking and related financial P P P P P P P P
institutions, excluding drive-through
facilities
Catering service PPPPAPAP
Daycare, including mini daycare, daycare A P P P P P P X
center, preschools or nursery schools
Dry cleaning and laundry service P .P P P P P P P
personal)
Equipment rental and leasing XXXPXPXP
Kennel, animal boarding XXXAXAXAACC
18.57.040(C)
Government facilities, this excludes A A A A A A A A
offices and related uses that are
permitted outright
Hospital XPPPXPXP
Lodging - Hotel or motel XPPPPAPA
Medical - Dental clinic PPPPPPXX
Mortuary, funeral home, crematorium APXPXPXX
Personal service shops PPPPPPXX
Pharmacies PPPPPXXX
Print and copy shop PPPPPPXX
Printing and publishing (of books, X A P P P P P P
newspaper and other printed matter)
Professional offices PPPPPPPP
Repair service - Equipment, appliances XAPPPPXPACC
18.57.0.40(D)
Veterinary clinic, animal hospital APPPPPXX
TRANSPORTATION, COMMUNICATIONS AND INFRASTRUCTURE
Ordinance No. 6644
March 9, 2017
Page 5 of 11
ORD.A Page 66 of 138
Table 18.23.030
Permitted, Administrative, Conditional and Prohibited Uses by Zone
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Zoning Designation Standards
LAND USE for Specific
C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Land Uses
Ambulance, taxi, and specialized X X X A X P X P
transportation facility
Broadcasting studio XPXPXPXP
Heliport XXXCXCXC
Motor freight terminal 1 X X X X X X X X See Footnote
No. 1
Parking facility, public or commercial, X P P P P P P X
surface
Parking facility, public or commercial, X P P P P P P X
structured
Towing storage yard XXXXXAXPACC
18.57.045(A)
Utility transmission or distribution line A A A A A A A A
or substation
Wireless communication facility (WCF)ACC
18..04.912,
18.31.100
VEHICLE SALES AND SERVICES
Automobile washes (automatic, full or X A X P P P X P ACC
self-service) 18.57.050(A)
Auto parts sales with installation X A .A P P P X P
services
Auto/vehicle sales and rental X A X P X P X P ACC
18.57,050(B)
Fueling station XAAPPPXPACC
18.57.050(C)
Mobile home, boat, or Rv sales XXXPXPXP
Vehicle services - Repair/body work XXAPXPXPACC
18.57.050(D)
OTHER
Any commercial use abutting a residential A A A A A A A A
zone which has hours of operations Outside
of the following: Sunday: 9:00 a:m. to
10:00 p._m. or Monday - Saturday: 7:00 a.m.
to 10:00 p.m.
Other uses may be permitted by the planning P P P P P P P P
director or designee if the use is
determined to be consistent with the
intent of the zone and is of the same
Ordinance No. 6644
March 9, 2017
Page 6 of 11
ORD.A Page 67 of 138
Table 18.23.030
Permitted, Administrative, Conditional and Prohibited Uses by Zone
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Zoning Designation Standards
LAND USE for Specific.
C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Land Uses
general character of the uses permitted.
See ACC 18.02.120(C) (6) , Unclassified
Uses.
1 Any motor freight terminal, as defined by ACC 18.04.635, in existence as of the
effective date of the ordinance codified in this section, is an outright permitted use
in the M-1 and M-2 zone. Any maintenance, alterations and additions to an existing motor
freight terminal which are consistent with ACC 18.23.040, Development standards, are
allowed.
2Any mixed-use development or senior housing project vested prior- to Resolution No. 5187
December 7, 2015) are an outright permitted use in the C-1 zone. Subsequently if a non-
residential use within a vested mixed-use development changes, then the non-residential
use shall maintain a minimum of 10 percent of the cumulative building ground floor square
footage consisting of the uses permitted outright, administratively, or conditionally,
listed under "Recreation, Education, and Public Assembly", "Retail", or "Services" of
the C-1 zone.
Ord. 6508 § 1, 2014; Ord. 6433 § 26, 2012..)
Section 3. Amendment to City Code. That Section 18.57.030 of the Auburn
City Code be and the same hereby is amended to read as follows:
18.57:030 Res,tialMixe d-Use_Development.
A e . - I.
1. Cl Zone. Multiple family dwelling as part of a mixed use development is
A. All zones where permitted.
al. Multiple-family dwellings shall only occur concurrent with or subsequent to the
development and construction of the nonresidential components of the mixed-use
development;
Ordinance No. 6644
March 9, 2017
Page 7 of 11
ORD.A Page 68 of 138
dwellings shall comply, as applicable, with the neighborhood review meeting
e2. Vertical mixed-use.
a. Mixed-use development comprised of a maximum of one building on a
development site shall have a minimum of 50 percent of the ground floor comprised of
one or more of the uses permitted outright; administratively, or conditionally, listed under
Recreation, Education, and Public Assembly", "Retail", or "Services"oommersial-retailT
e - • - " - - - _- •••• -e - - •• e - in_ Table
18.23.030; provided, that uses normal and incidental to the building, including, but not
limited to, interior entrance areas, elevators, and associated waiting/lobby areas,
mechanical rooms, mail areas, afld—garbage/recycling/compost storage areas, and
vehicle parking areas located ;maybe-aflewed-on the ground floor, except that non_street
incidental uses shall occupy a maximum of 50 percent of the ground floor space; or,
g3. Horizontal mixed-use.
a. Mixed-use development that has comprised of two or morethan-two-buildings
shall have a minimum of 25 percentage of the cumulative building ground floor square
footage comprised of one or more of the uses permitted outright, administratively, or
conditionally, listed under "Recreation, Education, and Public Assembly", "Retail", or
Services"-*-- '"- - - - - - • - •• - •_ , - e •.-" in Table 18.23.030; provided, that
uses normal and incidental to the building, including, but not limited to, interior entrance
areas, elevators, waitinq/lobby areas, mechanical rooms, mail areas,
qarbaqe/recyclinq/compost storage areas, and vehicle parking areas located on the
ground floor shall not be included in this 25 percent requirement.0 that are permitted
e•-- - - - - ' - -
footage
iii. For five or more buildings, 10 percent of the cumulative building ground floor
b. Mixed-use development comprised of two or more buildings (horizontal mixed-
use) shall be arranged with the required non-residential building(s) located adjacent to
Ordinance No. 6644
March 9, 2017
Page 8 of 11
ORD.A Page 69 of 138
the public street or private street and the multi-family located behind. For a corner lot or
through lot, the non-residential building(s) shall be located adjacent to higher
classification street.
2B. C-2 and C-4 Zones.
1. Vertical mixed-use development is required. - '= - • : - '-- -
2. All other requirements of Subsection A of this section shall apply.
permitted use listed in Table 18.23.030, "Permitted, Administrative, Conditional and
3C. C-3 Zone.
provided-1,200 square feet of lot area is pfevided-required for each dwelling unit.
2. All other requirements of Subsection A of this section shall apply.
I e•-. 'A . •_ - . ••• _ • - . - . --• -- - - . •. -. •- . . -.
fire codes.
5D. M-1 Zone.
1. Vertical mixed-use development is required. - "e -
2. Ground floor uses shall be comprised of one or more of the uses permitted
outright, .administratively, or conditionally, listed under "Retail" or "Services" in Table
18.23.030. All other requirements of Subsection A of this section shall apply.
e ea .."eee --
e- -.
unit; and
Ordinance No. 6644
March 9, 2017
Page 9 of 11
ORD.A Page 70 of 138
AutAmlaare`AIlIWIY YI:
RCAI.aT:l11A1.IIRWMA :'' ..'
St,,nd no a, 11L'floL
CiMF
ME
When oriented along the roadways listed above
Seamiio 1:Vertical mied.use(street`level coniine rat;Mull family above)development
requited;or„
Smash)2:Horizontalaffixed-use;(commercialusealongfrontage;multifamily.alongtherear)
required.
MOURN PAY a
Jam--." "8114a"aR .
a "4 rmar.:uAiuwwr
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When or entel along the roadways listed above.
to the rear carr be staid=atom multieaniiiy
u artoisii
I ST NE R rEce
Scenario 4
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windaumeeelat
ME-Mobi.tenni
Whenoriented along other minor arterials end -*residential collectors:
Scatmito4:Properties along streets diet ale lea attractive to comroeraalusei such eel:St NE,
stand-alone multifamily can be petinitted
2E. EP Zone.e - _ • e - - _ _ .. -e
al. The multiple-family development incorporates sustainable design and green
building practices and qualifies to be built green certified.
2. All other requirements of Subsection A off this section shall apply. (Ord. 6478
1, 2013; Ord. 6435 § 1, 2012.)
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.
Ordinance No. 6644
March 9, 2017
Page 10 of 11
ORD.A Page 71 of 138
Section 5. Severability. The provisions of this ordinance are declared to
be separate and severable. The invalidity of any clause, sentence, paragraph, section or
portion of this ordinance, or the invalidity of the application thereof to any person or
circumstance shall not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Section 6. 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:
CITY OF AUBURN
ATTEST:NANCY BACKUS, MAYOR
Danielle E. Daskam, City Clerk
APPR a ED AS TO FORM:
LiPAA
Daniel B. He's, ity °ttorn-
Published:
Ordinance No. 6644
March 9, 2017
Page 11 of 11
ORD.A Page 72 of 138
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6648
Date:
April 11, 2017
Department:
City Attorney
Attachments:
Ord 6648
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Ordinance No. 6648.
Background Summary:
The current provisions of the Auburn City Code dealing with Trespass and Vehicle
Prowling do not necessarily accommodate all situations with which police are
confronted. For instance, if a person is (merely) found to be in a vehicle belonging to
another – without permission – but has not, yet, done anything that would indicate an
intent to commit a crime from within the vehicle, the violation of “Vehicle
Prowling” (RCW 9A .50 2.100, adopted by reference in ACC 9.96.900) may not have
occurred, or could not yet be proven. In order to prove that offense, the police would
need some evidence that the person who is unlawfully in the vehicle intended to steal
something or commit some crime within the vehicle. However, with the separate
offense of Vehicle Trespass, a person could be charged for knowingly entering or
remaining unlawfully in a vehicle belonging to another. This is a tool that could assist
the police in enforcing problems, perhaps even before they become more serious -
Vehicle Prowling, Theft of Property (in the vehicle) or Auto Theft, for example.
Reviewed by Council Committees:
Councilmember: Staff:Heid/Lee
Meeting Date:April 17, 2017 Item Number:ORD.B
AUBURN * MORE THAN YOU IMAGINEDORD.B Page 73 of 138
ORDINANCE NO. 6 6 4 8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, CREATING A NEW
SECTION 9.96.030 OF THE AUBURN CITY CODE
RELATING TO VEHICLE TRESPASS
WHEREAS, the current provisions of the Auburn City Code contain
regulations addressing various trespass related criminal violations; and
WHEREAS, among these regulations,there is nothing specific that provides
a trespass violation for a person who knowingly enters or remains unlawfully in a
vehicle belonging to another; and
WHEREAS, many times, this conduct may result in theft of the automobile
in itself or vehicle prowling and theft of property located within the vehicle; and
WHEREAS, if the police do not have facts showing that these specific
crimes have occurred, police responding to the unwelcome entry into the vehicle
may be less able to respond with any criminal charges; and
WHEREAS, some jurisdictions have addressed this situation with a
provision making it a crime to knowingly enter or remain unlawfully in a vehicle
belonging to another.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. New Section to City Code. That a new Section 9.96.030 of
the Auburn City Code, entitled "Vehicle trespass prohibited," is hereby created to
read as follows:
9.96.030 Vehicle trespass prohibited.
A. A person is guilty of vehicle trespass if he or she knowingly
enters or remains unlawfully in a vehicle belonging to another.
B. As used in this section:
Ordinance No. 6648
March 17, 2017
Page 1 of 2ORD.B Page 74 of 138
1. The word enter(s) shall include the entrance of the person, or
the insertion of any part of his or her body, or any instrument or weapon
held in his or her hand;
2. A person enters or remains unlawfully in or upon a vehicle
when he or she is not licensed, invited or otherwise privileged to so enter
or remain.
C. Vehicle trespass is a misdemeanor.
Section 2. Implementation.The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of
this legislation.
Section 3. Severability. The provisions of this ordinance are declared to
be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the remainder
of this ordinance, or the validity of its application to other persons or circumstances.
Section 4. Effective date. This Ordinance shall take effect and be in
force five days after its passage, approval and publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
ATTEST:
NANCY BACKUS, MAYOR
Danielle E. Daskam, City Clerk
AP' - •VED A S TOFORM:
4
niel B. He •, Ci A o -
Published:
Ordinance No. 6648
March 17, 2017
Page 2 of 2ORD.B Page 75 of 138
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5287
Date:
April 10, 2017
Department:
CD & PW
Attachments:
Res 5287
Draft Ordinance No. 6643
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 5287.
Background Summary:
Resolution No. 5287 sets the date of the public hearing for Franchise Agreement No.
17-09 for MCImetro Access Transmission Services Corp. d/b/a Verizon Access
Transmission Services for May 1, 2017, at 7:00 pm in Council Chambers. Per Auburn
City Code Chapter 20.06.030, a public hearing shall be held prior to granting or
denying a franchise agreement.
Franchise Agreement No. 17-09, Draft Ordinance No. 6643 is attached as back up
documentation for Resolution No. 5287. 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.
MCImetro Access Transmission Services Corp. d/b/a Verizon Access Transmission
Services (MCI/Verizon) has applied for a Franchise Agreement to be able to construct
within the City’s rights of way a fiber optic telecommunications network. These
facilities would be part of a larger network of infrastructure that MCI/Verizon is building
throughout Washington. MCI/Verizon desires to provide telecommunications,
telephone service, internet access and private line services to potential customers
including mobile fronthaul and backhaul services and leasing of facilities to affiliates
and third parties.
The initial proposed build-out includes overhead installations on existing utility poles
wherever possible with underground installation being utilized if necessary. The
applicant is requesting the entire City as the proposed franchise area so that future
expansion of their facilities may be accommodated without having to amend the
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 76 of 138
agreement for each installation. Exact locations, plans, engineering and construction
schedules would be reviewed, approved, and managed through the City’s permitting
processes that are a requirement of the Franchise Agreement.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:April 17, 2017 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 77 of 138
RESOLUTION NO. 5 2 8 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN,WASHINGTON, SETTING A PUBLIC HEARING TO
CONSIDER A FRANCHISE AGREEMENT WITH MCIMETRO
ACCESS TRANSMISSION SERVICES CORP., D/B/A
VERIZON ACCESS TRANSMISSION SERVICES, A
DELAWARE CORPORATION; A FRANCHISE FOR
TELECOMMUNICATIONS SERVICES
WHEREAS, MClmetro Access Transmission Services Corp. d/b/a Verizon Access
Transmission Services 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 City has reviewed MCImetro Access Transmission Services Corp.
d/b/a Verizon Access Transmission Services application materials, and the City Engineer is
satisfied that the application is sufficiently complete, so as to warrant holding a public hearing
before the City Council to consider the franchise application, pursuant to Section 20.06.030
of the Auburn City Code (ACC).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That a hearing on the application by MClmetro Access Transmission
Services Corp. d/b/a Verizon Access Transmission Services for a Franchise Agreement with
the City of Auburn is hereby set for 7:00 p.m. on the 1st day of May, 2017, at the City Council
Chambers at 25 West Main Street, Auburn, Washington, 98001, with all persons wishing to
Resolution No. 5287
Franchise Agreement No. 17-09
February 14, 2017
Page 1
RES.A Page 78 of 138
speak to the application at the public hearing being invited to attend.
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 2017.
CITY OF AUBURN
Nancy Backus
Mayor
Attest:
Danielle E. Daskam, City Clerk
Approved as • Form:
1*AI01F/
I " B. Hei•, ity A •rney
Resolution No. 5287
Franchise Agreement No. 17-09
February 14, 2017
Page 2
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Draft Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
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ORDINANCE NO. 6 6 4 3
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING TO
MCIMETRO ACCESS TRANSMISSION SERVICES
CORP., D/B/A VERIZON ACCESS TRANSMISSION
SERVICES, A DELAWARE CORPORATION, A
FRANCHISE FOR TELECOMMUNICATIONS
SERVICES
WHEREAS, MCImetro Access Transmission Services Corp. d/b/a Verizon
Access Transmission Services (“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, repair, relocate and remove its facilities in, on, over, under,
along and/or across those right(s)-of-way; 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, from information presented at such public hearing, and from
facts and circumstances developed or discovered through independent study and
investigation, the City Council 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, the City grants to
the Grantee general permission to enter, use, and occupy the right(s)-of-way
and/or other public property specified in Exhibit “A”, attached hereto and
incorporated by reference within the City of Auburn (the “Franchise Area”).
B. The Grantee is authorized to install, remove, construct, erect,
operate, maintain, relocate and repair the types of facilities specified in Exhibit “B”,
attached hereto and incorporated by reference, and all necessary appurtenances
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thereto, (“Grantee Facilities”) for provision of those services set forth in Exhibit “C”
(“Grantee Services”) in, along, under and across the Franchise Area.
C. This Franchise does not authorize the use of the Franchise Area for
any facilities or services other than Grantee Facilities and Grantee Services, and
it extends no rights or privilege relative to any facilities or services of any type,
including Grantee Facilities and Grantee Services, on public or private property
elsewhere within the City.
D. 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 right set forth herein.
E. Except as explicitly set forth herein, this Franchise does not waive
any rights that the City has or may hereafter acquire with respect to the Franchise
Area or any other City roads, rights-of-way, property, or any portions thereof. This
Franchise shall be subject to the power of eminent domain, and in any proceeding
under eminent domain, the Grantee acknowledges its use of the Franchise Area
shall have no value.
F. The City reserves the right to change, regrade, relocate, abandon, or
vacate any right-of-way within the Franchise Area. If, at any time during the term
of this Franchise, the City vacates any portion of the Franchise Area 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.
G. The Grantee agrees that its use of 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. Written notices to the parties shall be sent by certified mail to the
following addresses, unless a different address shall be designated in writing and
delivered to the other party.
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City: Engineering Aide,
Community Development and
Public Works Department - Transportation
City of Auburn
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: MCImetro Access Transmission Services Corp. d/b/a Verizon
Access Transmission Services
Attn: Franchise Manager
600 Hidden Ridge
Mailcode: HQE02G295
Irving, TX 75038NAME
with copies (except for invoices) to:
Verizon Business Network Services
1320 North Courthouse Road, Suite 900
Arlington, VA USA 22201
Attn: Vice President and Deputy General Counsel, Network
Operations
B. Any changes to the above-stated Grantee information shall be sent
to the City’s Engineering Aide, Community Development and Public Works
Department – Transportation Division, 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, Pacific time zone. The City may
contact Grantee at the following number for emergency or other needs outside of
normal business hours of the Grantees: Network Operations Center 1-800-624-
9675.
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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). 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 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.
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
either party gives written notice at least one hundred and eighty (180) days in
advance of 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 and 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
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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, easements, rights-
of-ways and similar public properties and areas.
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 and (4) payment of any
outstanding application fees per the City fee Schedule. These four items shall
collectively be the “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.
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 within the City.
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 under taking
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 at
the expense of the Grantee.
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D. Before commencing any work 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 a
land clearing permit.
Section 7. 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. 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.
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 to the satisfaction of the City
Engineer.
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Section 9. Location Preference
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 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, sanitary sewer and storm sewer 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 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 City. 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
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Grantee, and to give the Grantee a reasonable amount of time to obtain an
injunction to prohibit the City’s release of records.
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.
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. 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 losses
in connection with any such change, relocation, abandonment, or vacation of the
Public Way.
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, either abandon in place or remove the affected 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.
B. Whenever the City requires the undergrounding of aerial utilities in
the Franchise Area, the Grantee shall underground the Grantee Facilities in the
manner specified by the City Engineer at no expense or liability to the City, except
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as may be required by RCW Chapter 35.99.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, 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.
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 arising out of or in connection with the Grantee’s performance
under this Franchise, except to the extent such costs, claims, injuries, damages,
losses, suits, or liabilities are caused by the sole or contributory negligence of the
City. 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 Contractor and the City, its officers, officials,
employees, and volunteers, the Contractor's liability hereunder shall be only to the
extent of the Contractor's negligence.
B. The Grantee shall hold the City harmless from any liability arising out
of or in connection with 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 of the
City, or its agent 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,
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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.
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 bodily
injury and property damage of $1,000,000.00 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 $1,000,000.00 each occurrence, $2,000,000.00 general aggregate and a
$2,000,000.00 products-completed operations aggregate limit. Coverage shall be
written on ISO occurrence form CG 00 01 or a substitute form providing equivalent
coverage and shall cover liability arising from premises-operations, independent
contractors, products-completed operations, stop gap liability, and personal injury
and advertising injury and 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 or an equivalent
form. 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
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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
$1,000,000.00 per claim for all professionals employed or retained 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
as respects the City. 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 the insurers except after thirty (30) days’ prior
written notice has been given to Grantee. Upon receipt of such notice, Grantee
shall immediately notify by certified mail, return receipt requested, 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.
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
Grantee 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
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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 financial guarantee in the amount of Fifty
Thousand Dollars ($50,000.00) running for, or renewable for, the term of this
Franchise, in a form and substance acceptable to the City. In the event Grantee
shall fail to substantially comply with any one or more of the provisions of this
Franchise, 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
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, which consent shall not
be unreasonably withheld, conditioned, or delayed.
C. Grantee and any proposed assignee or transferee shall provide and
certify the following to the City not less than sixty (60) days prior to the proposed
date of transfer: (a) Complete information setting forth the nature, term and
conditions of the proposed assignment or transfer; (b) All information 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
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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.
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 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 days, the City may specify a longer cure
period, and condition the extension of time on Grantee’s submittal of a plan to cure
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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 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.
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, 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.
RES.A Page 93 of 138
------------------------------
Draft Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 15 of 20
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.
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.
Section 24. Titles & Interpretation
The section titles used herein are for reference only and should not be
used for the purpose of interpreting this Franchise. Interpretation or construction
of this Agreement shall not be affected by any determination as to who is the
drafter of this Agreement, this Agreement having been drafted by mutual
agreement of the parties.
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. 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.
RES.A Page 94 of 138
------------------------------
Draft Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 16 of 20
INTRODUCED: ___________________
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
ATTEST:
___________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
__________________________
Daniel B. Heid, City Attorney
Published: _________________
RES.A Page 95 of 138
18
18
516
164
167
167
WEST VALLEY HWY SWS 277TH ST 132ND AVE SEJ O VITA BLVD E
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SE 272ND ST
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S 272ND ST CENTRAL AVE S108TH AVE SEWEST VALLEY HWY NW8TH ST EPEASLEY CANYON RD SA ST SEWEST VALLEY HWY SW124TH AVE SE24TH ST E
S 27 7T H S T
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9TH ST E51ST AVE S12TH ST E182ND AVE EAUBURN-BLACK DIAM O N D RD S E
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SM ST SEAUBURN WAY N124TH AVE SER ST SE132ND AVE SES 277TH ST
WEST VALLEY HWY NC ST NWW MAIN ST 112TH AVE SEE MAIN ST
41ST ST SE
29TH ST SE
SE 312TH ST
51ST AVE SKE
RSEY WAY SE
8TH ST NE
37TH ST NW
ORAVETZ RD SEM ST NED ST NW4TH ST SE
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A ST NEL A KE TAPPS PK
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RIVERWALK DR SEEAST VALLEY HWY SEH
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15TH ST NE
15TH ST SW
BOUNDARY BLVD SW
AUBURN-BLACK DIAMOND RD SE
SE 281ST ST
TERRACE DR NW
ELLINGSON RD SW
SUMNER-TAPPS HWY E SE 30 4 T H ST
17TH ST SE
6TH ST SE
10TH ST NE
3RD ST NE 124TH AVE SEA ST SER ST SEMUCKLESHOOT
CASINO
SUPERMALL
LAKE
TAPPS
KENT
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COUNTY
PIERCE
COUNTY
PACIFIC
SUMNEREDGEWOOD
ALGONA
FEDERAL
WAY
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 ID: 3899
Exhibit A
0 1,100 2,200 3,300 4,400 5,500
FEETCity Hall
MCI Fiber (PWA 08-03)
MCI Fiber (PWA 96-07)
City of Auburn
Parks
Water Features
Printed On: 1/31/2012Draft Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 17 of 20 DRAFTRES.A Page 96 of 138
------------------------------
Draft Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 18 of 20
Exhibit B
Grantee Facilities
Grantee Facilities include, collectively or individually, any and all communications
transmission and distribution systems, including but not limited to, wires, lines,
conduits, ducts, cables, braces, guys, anchors, vaults, switches, fixtures, and any
and all other equipment, appliances, attachments, appurtenances and other
items necessary, convenient, or in any way appertaining to any and all of the
foregoing, whether the same be located across, above, along, below, in, over,
through, or underground.
Grantee Facilities shall not include any wireless telecommunications facilities
such as antennas, DAS, Small Cell facilities or other wireless transmission
devices that are mounted on poles or other structures in the right-of-way.
RES.A Page 97 of 138
------------------------------
Draft Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 19 of 20
Exhibit C
Grantee Services
The offering of communications and communications services, including, but not
limited to a telephone service (as set forth in RCW § 82.16.010),integrated data
services, internet access service, private line service, mobile fronthaul and
backhaul services, and leasing of facilities (e.g., dark fiber) to affiliates and third
parties. Grantee shall not offer a Cable Service or an Open Video System.
RES.A Page 98 of 138
------------------------------
Draft Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 20 of 20
EXHIBIT “D”
STATEMENT OF ACCEPTANCE
MCIMETRO ACCESS TRANSMISSION SERVICES CORP. D/B/A VERIZON
ACCESS TRANSMISSION SERVICES, 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.
[Grantee]
By: Date:
Name:
Title:
STATE OF _______________)
)ss.
COUNTY OF _____________ )
On this ____ day of _______________, 20xx, 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:
RES.A Page 99 of 138
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5290
Date:
April 6, 2017
Department:
CD & PW
Attachments:
Res 5290
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 5290.
Background Summary:
Resolution No. 5290 authorizes the Mayor to accept federal grant funds to be
administered through the Washington State Department of Transportation (WSDOT).
The City applied for and was awarded the following federal grant with required local
funding match percentages as indicated:
$412,650.00 to finance the design, environmental permitting, and construction phases
of the A Street SE Corridor Signal Safety & Operations Improvements Project. This
grant requires a 10% local construction funding match. This project will design for and
improve traffic signal timing and operations, corridor coordination, traffic signal head
visibility, and pedestrian accessibility along the A Street SE Corridor between 3rd
Street SE and East Valley Highway Access Road.
Funding has been made available in the approved City budget to meet the local
funding match requirements of the grant.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:April 17, 2017 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 100 of 138
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 101 of 138
RESOLUTION NO. 5290
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
ACCEPT FEDERAL GRANT FUNDS TO BE ADMINISTERED
THROUGH THE WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION FOR THE A ST SE CORRIDOR SIGNAL
SAFETY & OPERATIONS IMPROVEMENTS PROJECT
WHEREAS, the City desires to improve safety, capacity, and efficiency of the City's
street network throughout Auburn; and
WHEREAS, the need for the improvements in the A St. SE Corridor Signal Safety
Operations Improvements Project is recognized in Auburn's adopted Transportation
Improvement Program; and
WHEREAS, completing this project will improve safety, capacity, and efficiency of
the City's street network; and
WHEREAS, the City applied for and was awarded the following federal grant to be
administered by the Washington State Department of Transportation (WSDOT) with
required local funding match percentages as indicated:
412,650.00 to finance the design, environmental permitting, and construction
phases of the A St. SE Corridor Signal Safety & Operations Improvements
Project (10% local construction funding match required);
WHEREAS, funding has been made available in the approved City budget to meet
the local funding match requirements for the grant; and
WHEREAS, it is in the best interest of the City to use grant monies to finance
capital improvements to the transportation system.
Resolution No. 5290
April 3, 2017
Page 1
RES.B Page 102 of 138
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section. 1. That the Mayor is hereby authorized to accept the federal grant for
which the City has sought federal funding and has been awarded for the A St. SE Corridor
Signal Safety & Operations Improvements Project. The Mayor is further hereby
authorized to negotiate, finalize and execute the Local Agency Agreements between the
City and the Washington State Department of Transportation for the design phase for
each of the above identified projects, in substantial conformity with grant requirements
and the agreement attached hereto, marked as Exhibit A and incorporated herein by this
reference. The Mayor is further hereby authorized to negotiate, finalize and execute any
further supplemental agreements consistent with project and grant requirements as may
be necessary for any and all future phases for each of the Projects, expending up to the
total amount of the grant.
Section 2. That the Mayor is authorized to implement such other administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this day of 2017.
CITY OF AUBURN
NANCY BACKUS
MAYOR
Resolution No. 5290
April 3, 2017
Page 2
RES.B Page 103 of 138
ATTEST:
Danielle E. Daskam,
City Clerk
APPfROVED AS TO FORM:
lel B. H=
City Attorney
Resolution No. 5290
April 3, 2017
Page 3
RES.B Page 104 of 138
Washington StateLocal Agency AgreementTiffDepartment.of Wanspo rtatian
Agency City of Auburn CFDA No.20.205
Catalog or Federal Domestic Assistance)
Address
25 West Main St. Project No.
Auburn,WA 98001
Agreement No.
For OSC WSDOT Use Only
The Local Agency having complied,or hereby agreeing to comply,with the terms and conditions set forth in(1)Title 23, U.S.Code
Highways, (2)the regulations issued pursuant thereto,(3)2 CFR Part 200,(4)the policies and procedures promulgated by the
Washington State Department of Transportation,and(5)the federal aid project agreement entered into between the State and Federal
Government, relative to the above project,the Washington State Department of Transportation will authorize the Local Agency to
proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount
shown herein on line r,column 3,without written authority by the State,subject to the approval of the Federal Highway Administration.
All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency.
Project Description
Name A Street SE Corridor Signal Improvements Length N/A
Termini 3rd.Street SE to E Valley Hwy Access Road
Description of Work
This project will improve intersection traffic signal timing and operations,corridor coordination,traffic signal head visibility,and
ADA accessibility along the A St SE Corridor between 3rd St SE and East Valley Highway Access Road.
Project Agreement End Date December 31,2019 Claiming Indirect Cost Rate
Proposed Advertisement Date February 22,2018 Yes No
Estimate of Funding
1) 2) 3)
Type of Work Estimated Total Estimated A9ency Estimated Federal
Project Funds Funds Funds
PE a.Agency.
27,300.00 2,730.00 24,570.00
090
b._Other --Consultant 75,000.00 7,500.00 67,500.00
Federal Aid c.Other -
Participation 1,000.00 100.00 900.00
Ratio for PE d.State
e.Total PE Cost Estimate(a+b+c+dl 103,300.00 10,330.00 92,970.00
Right of Way
o
f.Agency
g.Other
Federal.Aid
h.OtherParticipation
Ratio for RW i•State
i.Total RNVCost.Estimate(f+a+h+i) 0.00 0.00 0.00
Construction k.Contract
I.Other -Consultant
m.Other
Federal Aid n.Other
Participation
o.AgencyRatioforCN
p.State
q.Total CN Cost Estimate-(k+km+n+o+o)
0.00 0.00 0.00
r.Total Project Cost Estimate(e+j+a)
103,300.00 10,330.00 92,970.00
Agency Official Washington State Department of Transportation
By By
Title Nancy Backus,Mayor
Director, Local Programs
Date Executed
DOT Form 140-039
Page 1
Revised 05/2015RES.B Page 105 of 138
Construction Method of Financing (Check Method Selected)
State Ad and Award
Method A Advance Payment-Agency Share of total construction cost(based on contract award)
Method B-Withhold from gas tax the Agency's share of total construction coast(line 5, column 2) in the amount of
at$per month for months.
Local Force or Local Ad and Award
Method C-Agency cost incurred with partial reimbursement
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and
as a condition to payment of hte federal funds obligated it accepts and will comply with the applicable provisions
set forth below.;Adopted by official action on
April 17 2017 Resolution/Ordinance No. 5290
Provisions
I.Scope of Work
The Agency shall provide all the work, labor,materials,and services necessary to perform the project which is described and set
forth in detail in the"Project Description"and"Type of Work."
When the State acts for and on behalf of the Agency,the State shall be deemed an agent of the Agency and shall perform the
services described and indicated in"Type of Work"on the face of this agreement, in accordance with plans and specifications as
proposed by the Agency and approved by the State and the Federal Highway Administration.
When the State acts for the Agency but is not subject to the right of control by the Agency,the State shall have the right to perform
the work subject to the ordinary procedures of the State and Federal Highway Administration.
II.Delegation of Authority
The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project.The Agency agrees
that the State shall have the full authority to carry out this administration.The State shall review,process,and approve documents
required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract,the
State will further act for the Agency in all matters concerning the project as requested by the Agency. If the Local Agency advertises and
awards the project,the State shall review the work to ensure conformity with the approved plans and specifications.
Ill.Project Administration
Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the
Type of Work above. In addition,the State will furnish qualified personnel for the supervision and inspection of the work in progress,On
Local Agency advertised and awarded projects,the supervision and inspection shall be limited to ensuring all work is in conformance
with approved plans,specifications,and federal aid requirements.The salary of such engineer or other supervisor and all other salaries
and costs incurred by State forces upon the project will be considered a cost thereof.All costs related to this project incurred by
employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project.
IV.Availability of Records
AU project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance
with local government accounting procedures prescribed by the Washington State Auditor's Office,the U.S.Department of
Transportation,and the Washington State Department of Transportation.The records shall be open to inspection by the State and
Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than
three years from the final payment of any federal aid funds to the Agency.Copies of said records shall be furnished to the State and/or
Federal Government upon request,
V.Compliance with Provisions
The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing
by the State for each classification.The classifications of work for projects are:
1. Preliminary engineering.
2. Right of way acquisition.
3. Project construction.
Once written authorization is given,the Agency agrees to show continuous progress through monthly billings. Failure to show
continuous progress may result the Agency's project becoming inactive, as described in 23 CFR 630,and subject to de-obligation of
federal aid funds and/or agreement closure.
If right of way acquisition,or actual construction of the road for which preliminary engineering is undertaken is not started by the
close of the tenth fiscal year following the fiscal year in which preliminary engineering phase was authorized,the Agency will repay to
the State the sum or sums of federal funds paid to the Agency under the terms of this agreement(see Section IX).
If actual construction of the road for which right of way has been purchased is not started by the close of the tenth fiscal year
followingfothe fiscal year in which the right of way phase was authorized,the.Agency will repay to the State the sum or sums of federal
68T gram
1aotOh
Agency under the terms of this agreement(see Section IX). Page 2
Revised 05/2015RES.B Page 106 of 138
The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this
project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways,
even though such additional work is financed without federal aid participation.
The Agency agrees that on federal aid highway construction projects,the current federal aid regulations which apply to liquidated
damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete
the contract within the contract time.
VI.Payment and Partial Reimbursement
The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency
and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act,as amended,2 CFR Part
20.0.The State shall notbe ultimately responsible for any of the costs of the project The.Agency shall be ultimately responsible for all
costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as
a promise by the State as to the amount or nature of federal participation in this project.
The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws.The agency
shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the
Local Agency for maintenance,general administration,supervision,and other overhead shall not be eligible for federal participation
unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200-Uniform Admin
Requirements, Cost Principles and Audit Requirements for Federal Awards,and retained for audit.
The State will pay for State incurred costs on the project. Following payment,the State shall bill the Federal Government for
reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to
this project.The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government(see
Section IX).
1. Project Construction Costs
Project construction financing will be accomplished by one of the three methods as indicated in this agreement.
Method A—The Agency will place with the State,within(20)days after the execution of the construction contract, an advance in the
amount of the Agency's share of the total construction cost based on the contract award.The State will notify the Agency of the exact
amount to be deposited with the State.The State will pay all costs incurred under the contract upon presentation of progress billings
from the contractor. Following such payments,the State will submit a billing to the Federal Government for the federal aid participation
share of the cost.When the project is substantially completed and final actual costs of the project can be determined,the State will
present the Agency with a final billing showing the amount due the State or the amount due the Agency.This billing will be cleared by
either a payment from the Agency to the State or by a refund from the State to the Agency.
Method B—The Agency's share of the total construction cost as shown on the face of this agreement shall be withheld from its
monthly fuel tax allotments.The face of this agreement establishes the months in which the withholding shall take place and the exact
amount to be withheld each month.The extent of withholding will be confirmed by letter from the State at the time of contract award.
Upon receipt of progress billings from the contractor,the State will submit such billings to the Federal Government for payment of its
participating portion of such billings.
Method C—The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate,not more than once
per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable
to this project.Expenditures by the Local Agency for maintenance,general administration,supervision,and other overhead shall not be
eligible for Federal participation unless claimed under a previously approved indirect cost plan.
The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this
agreement.At the time of audit,the Agency will provide documentation of all costs incurred on the project.The State shall bill the
Agency for all costs incurred by the State relative to the project.The State shall also bill the Agency for the federal funds paid by the
State to the Agency for project costs which are subsequently determined to be ineligible for federal participation(see Section IX).
VII.Audit of Federal Consultant Contracts
The Agency,if services of a consultant are required,shall be responsible for audit of the consultant's records to determine eligible
federal aid costs on the project.The report of said audit shall be in the Agency's files and made available to the State and the Federal
Government.
An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing
standards as issued by the United States General Accounting Office by the Comptroller General of the United States;WSDOT Manual
M 27-50,Consultant Authorization, Selection, and Agreement Administration;memoranda of understanding between WSDOT and
FHWA;and 2 CFR Part 200.501 -Audit Requirements.
If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred,the Agency shall
reimburse the State for the amount of such overpayment or excess participation(see Section IX).
VIII.Single Audit Act
The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all
applicable federal and state statutes and regulations.A subrecipient who expends$750,000 or more in federal awards from all sources
during a given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provisions of 2
CFR Part 200.501. Upon conclusion of the audit,the Agency shall be responsible for ensuring that a copy of the report is transmitted
promptly to the State.
DOT Form 140-039
Page 3
Revised 05/2015RES.B Page 107 of 138
IX.Payment of Billing
The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project(e.g., State force
work,project cancellation,overpayment, cost ineligible for federal participation,etc.)is not made to the State within 45 days after
the Agency has been billed,the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to
the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless
otherwise directed by the Director, Local Programs.
Project Agreement End Date-This date is based on your projects Period of Performance(2 CFR Part 200.309).
Any costs incurred after the Project.Agreement End Date are NOT eligible for federal reimbursement.All eligible costs incurred prior
to the Project Agreement End Date must be submitted for reimbursement within 90 days after the Project Agreement End Date or they
become ineligible for federal reimbursement.
X.Traffic Control,Signing,Marking,and Roadway Maintenance
The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project
without prior approval of the State and Federal Highway Administration.The Agency will not install or permit to be installed any signs,
signals, or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD.The Agency
will,at its own expense, maintain the improvement covered by this agreement
XL Indemnity
The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense
all claims,demands,or suits,whether at law or equity brought against the Agency, State, or Federal Government, arising from the
Agency's execution,performance,or failure to perform any of the provisions of this agreement,or of any other agreement or contract
connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED,
nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to
persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State.
XII.Nondiscrimination Provision
No liability shall attach to the State or Federal Government except as expressly provided herein.
The Agency shall not discriminate on the basis of race,color;national origin,or sex in the award and performance of any USDOT
assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26.The Agency
shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of
USDOT assisted contracts and agreements.The WSDOT's DBE program, as required by 49 CFR Part 26 and as approved by USDOT,
is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms
shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved program,the
Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under
18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C.3801 et seq.).
The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work,or modification
thereof, as defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60,which is paid for in whole or in part with
funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant,contract, loan,
insurance,or guarantee or understanding pursuant to any federal program involving such grant contract,loan,insurance,or guarantee,
the required contract provisions for Federal-Aid Contracts(FHWA 1273),located in Chapter 44 of the Local Agency Guidelines.
The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment
practices when it participates in federally assisted construction work: Provided,that if the applicant so participating is a State or Local
Government,the above equal opportunity clause is not applicable to any agency,instrumentality, or subdivision of such government
which does not participate in work on or under the contract.
The Agency also agrees:
1)To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal
opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor.
2)To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the
State in the discharge of its primary responsibility for securing compliance.
3)To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965,with
a contractor debarred from,or who has not demonstrated eligibility for,government contracts and federally assisted construction
contracts pursuant to the Executive Order.
4)To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors
and subcontractors by the State, Federal Highway Administration,or the Secretary of Labor pursuant to Part II,subpart D of the
Executive Order.
In addition,the Agency agrees that if it fails or refuses to comply with these undertakings,the State may take any or all of the
following actions:
a)Cancel,terminate,or suspend this agreement in whole or in part;
b)Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal
occurred until satisfactory assurance of future compliance has been received from the Agency;and
c)Refer the case to the Department of Justice for appropriate legal proceedings.
DOT Form 140-039
Page 4
Revised 05/2015RES.B Page 108 of 138
XIII.Liquidated Damages
The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127,as supplemented, relative to
the amount of Federal participation in the project cost,shall be applicable in the event the contractor fails to complete the contract within
the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in
accordance with this paragraph.
XIV.Termination for Public Convenience
The Secretary of the Washington State Department of Transportation may terminate the contract in whole,or from time to time in
part,whenever
1)The requisite federal funding becomes unavailable through failure of appropriation or otherwise.
2)The contractor is prevented from proceeding with the work as a direct resultof an Executive Order of the President with
respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of
the State with respect to the preservation of energy resources.
3)The contractor is prevented from proceeding with the work by reason of a preliminary,special,or permanent restraining
order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of
persons or agencies other than the contractor.
4)The Secretary is notified by the Federal Highway Administration that the project is inactive.
5)The Secretary determines that such termination is in the best interests of the State.
XV.Venue for Claims and/or Causes of Action.
For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency
has against the State of Washington,growing out of this contract or the project with which it is concerned,shall be brought only in the
Superior Court for Thurston County.
XVI.Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
The approving authority certifies,to the best of his or her knowledge and belief,that:
1)No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or
attempting to influence an officer or employee of any federal agency,a member of Congress, an officer or employee of Congress,or
an employee of a member of Congress in connection with the awarding of any federal contract,the making of any federal grant,the
making of any federal loan,the entering into of any cooperative agreement,and the extension, continuation, renewal,amendment,
or modification of any federal contract,grant, loan,or cooperative agreement.
2)If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any federal agency, a member of Congress,an officer or employee of Congress,or an employee
of a member of Congress in connection with this federal contract,grant, loan,or cooperative agreement,the undersigned shall
complete and submit the Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions.
3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at
all tiers(including subgrants,and contracts and subcontracts under grants,subgrants, loans,and cooperative agreements)which
exceed$100,000,and that all such subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, U.S.
Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than
100,000 for each such failure.
XVII.Assurances
Local agencies receiving Federal funding from the USDOT or its operating administrations(i.e., Federal Highway Administration,
Federal Transit Administration, Federal Aviation Administration)are required to submit a written policy statement,signed by the Agency
Executive and addressed to the State,documenting that all programs, activities, and services will be conducted in compliance with
Section 504 and the Americans with Disabilities Act(ADA).
Additional Provisions
DOT Form 140-039 Page 5
Revised 05/2015RES.B Page 109 of 138
A St SE Corridor Signal Safety & Operations Improvements
A St SE & Cross St SE/3rd St SE
· Add supplemental traffic signal heads for
eastbound &westbound left turn FYA’s, and
southbound through movement.
· Program Lead Pedestrian Interval
A St SE & 6th St SE
· Add supplemental traffic signal heads for southbound
left turn FYA movement and northbound through
movement.
· Upgrade to ADA Compliant Pedestrian Pushbuttons
and Signals.
A St SE & 17th ST SE
· Add supplemental traffic signal heads for
southbound left turn FYA movement and
northbound through movement.
· Upgrade to ADA Compliant Pedestrian
Pushbuttons and Signals.
·
A St SE & 29th St SE
· Add supplemental traffic signal heads for southbound
left turn FYA movement and northbound through
movement.
· Upgrade to ADA Compliant Pedestrian Pushbuttons
and Signals.
A St SE & 41st St SE
· Convert northbound left, southbound left ,
and southbound right turn movements to
FYA operation.
· Add supplemental traffic signal heads for
northbound left, southbound left,
eastbound left, and northbound through
movements.
· Add backplates with reflective borders to
existing signal heads.
· Program Lead Pedestrian Interval
· Replace Traffic Signal cabinet
A St SE/East Valley Hwy & Lakeland Hills Way SE
· Convert southbound left movements to FYA operation.
· Add supplemental traffic signal head for southbound
left movement.
· Upgrade to ADA Compliant Pedestrian Pushbuttons and
Signals.
· Replace Traffic Signal cabinet
A St SE/ East valley Hwy & Terrace View Dr SE
· Convert southbound left movements to FYA
operation.
· Add supplemental traffic signal head for
southbound left movement.
· Upgrade to ADA Compliant Pedestrian
Pushbuttons and Signals.
· Replace Traffic Signal Cabinet.
A St SE/East Valley Hwy & EVH Access Road
· Convert southbound left movements to FYA
operation.
· Add supplemental traffic signal head for
southbound left movement.
· Upgrade to ADA Compliant Pedestrian Pushbuttons
and Signals.
· Replace Traffic Signal Cabinet.
RES.B Page 110 of 138
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5291
Date:
April 12, 2017
Department:
Administration
Attachments:
Res 5291
Executive Summary
Budget Impact:
$0
Administrative Recommendation:
City Council conduct the public hearing. For more information on this item, please see
Resolution No. 5291.
Background Summary:
The CDBG Annual Action Plan provides a concise summary of the actions, activities
and specific federal and non-federal resource that will be used each year to address
the priority needs and specific goals identified by the Consolidated Plan. Action Plan
Amendments carry out new activities using funds covered under the consolidated
plan. The process of a substantial amendment process is required by the U.S.
Department of Housing and Urban Development (HUD) and the City’s Consolidated
Plan to reallocate funds received.
The City of Auburn will reallocate $280,000 in CDBG funds for projects that are
consistent with federal regulations and the objectives and policies of the Auburn
Consolidated Housing and Community Development Plan. The funding will be used to
make ADA updates to Les Gove Park restrooms and to complete housing repair
projects for low-income homeowners in Auburn.
Reviewed by Council Committees:
Councilmember: Staff:Hinman
Meeting Date:April 17, 2017 Item Number:RES.C
AUBURN * MORE THAN YOU IMAGINEDRES.C Page 111 of 138
RESOLUTION NO. 5 2 91.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING
AMENDMENT TO THE 2016 ANNUAL ACTION PLAN
UPDATE OF THE CONSOLIDATED PLAN
WHEREAS, the City of Auburn was designated as an entitlement community
by the U.S. Department of Housing and Urban Development (HUD) for its
Community Development Block Grant (CDBG) Program; and
WHEREAS, the primary objective of the Consolidated Plan and CDBG
Program is the development of viable urban communities by providing decent
housing and a suitable living environment and expanding economic opportunities,
principally for persons of low- and moderate-income; and
WHEREAS, to allocate additional funds received, a substantial amendment
must be made to the 2016 Plan, whereby the City of Auburn must amend the 2016
Annual Action Plan for its Consolidated Plan that serves as a federally required
planning document to guide the City of Auburn's human service and community
development efforts; and
WHEREAS, the planning process to develop the Consolidated Plan involved
citizen participation and guidance from non-profit and governmental agencies
serving low income residents in the community; and
WHEREAS, the City Council of the City of Auburn heard and considered
public comment about its proposed use of Community Development Block Grant
funds and amendment to the 2016 Annual Action Plan; and
Resolution No. 5291
April 10, 2017
Page 1 of 2
RES.C Page 112 of 138
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DOES HEREBY RESOLVE:
Section 1. The 2016 Annual Action Plan heretofore adopted by the City of
Auburn City Council is amended to update to the City's Consolidated Plan, making
approximately $250,000.00 of CDBG funds available for projects that are consistent
with federal regulations and with the objectives and policies of the Auburn
Consolidated Housing and Community Development Plan, primarily to complete
housing repair projects for low-income homeowners in Auburn and to conduct a Fair
Housing analysis.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out directions of the legislation.
Section 3. This Resolution shall be in full force and effect upon passage and
signatures hereon.
DATED and SIGNED this day of 2017.
Nancy Backus
Mayor
ATTEST:
Danielle Daskam, City Clerk
APPROVED A S TO FORM:
1 41
Atizi
Mel B. eid, City A ttorne, _.
Resolution No. 5291
April 10, 2017
Page 2 of 2
RES.C Page 113 of 138
Annual Action Plan 2016 1
OMB Control No: 2506-0117 (exp. 07/31/2015)
Executive Summary
AP-05 Executive Summary - 91.200(c), 91.220(b) 1. Introduction
Each year the City of Auburn executes specific actions to implement the goals and strategies of the Consolidated Plan for Years 2015-2019. Actions that will be undertaken in 2016 are outlined in this Annual Action Plan.
The City of Auburn received $519,029 in Community Development Block Grant (CDBG) funds in 2016. The funds were allocated for the City's Housing Repair program ($249,950), Public Service Activites ($77,550), Ecomonic Development ($40,000), support of youth outreach ($51,644). and general program management ($100,000).
The City also had a total of $300,XXX in unspent funds accumulated from prior years. The accumulation is due to projects that were unable to be completed.
The 2016 Action Plan Amendment proposes to reallocate $261,552 of the accumulated funds to the update the City's Les Gove Park bathroom to make them ADA accessible and $20,000 to the City's Housing Repair program.
The City of Auburn is committed to focusing more on achieving solutions to recurring social problems and achieve a greater collaboration among service providers.
2. Summarize the objectives and outcomes identified in the Plan
This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.
With the overall goal of reducing the number of people living in poverty within the City of Auburn, the following objectives for the 2016 Action Plan Amendment will be employed:
1. Rehabilitate housing occupied by low to moderate income persons. 2. Improve public facilities for a purpose that beneifts all residents and at least 51% of those residents are low to moderate income.
Outcomes are as follows:
RES.C Page 114 of 138
Annual Action Plan 2016 2
OMB Control No: 2506-0117 (exp. 07/31/2015)
1. Increasing the affordability, accessibility and access to supportive services of affordable housing for low income Auburn residents. 2. Increase number Auburn residents using Les Gove Park services and activities.
To accomplish these outcomes and objectives, the City invests in programs that meet the community basic needs, increase self sufficiency, provide opportunites to develop a safe community.
3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.
During the past year Auburn has accomplished significant achievement on its programs and impacted the lives of thousands of residents. In 2016 alone, projects funded by the City completed the following:
Over 50 low income Auburn residents were able to avoid homelessness by providing maintnence to their deteriorating homes through the City's housing repair program. Over 200 low income Auburn residents avoided utilizing costly emergency healthcare services by receiving free medical and/or dental care. 12 low income small business owners received technical assistance to start or expand their small business in Auburn.
In the end of 2016 the Green River Small Business Assistance Center (economic development) notified the City that they were unable to meet their original deliverables detailed in their contract. Due to the unmet deliverables the City only awarded the amount for the services they were able to complete. The amount detailed in their original contract was $40,000 for 27 small business owners. The City awarded $20,000 for the 12 business owners they successfully provided services to.
4. Summary of Citizen Participation Process and consultation process
Summary from citizen participation section of plan.
Notices of the Action Plan Amendment are sent out in the newspaper and public comment is made available at a City Council meeting. Review of the Amendment can be done per request of the City of Auburn's Human Services Manager.
Two public forums will be made available for the Annual Action Plan amendment. One prior to its approval and another after its approval Both public forums will be conducted at a City of Auburn Council Meeting that will be publicized in the City's vehicles of communication.
5. Summary of public comments
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Annual Action Plan 2016 3
OMB Control No: 2506-0117 (exp. 07/31/2015)
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.
6. Summary of comments or views not accepted and the reasons for not accepting them
7. Summary
Auburn residents along with stakeholders, community partners, service providers and others were consulted during the development of the Action Plan. They provided valuable input that supported to the development of the outcomes and objectives listed in the plan.
The City of Auburn will continue to use all of its funds to support residents of low/moderate income while maintaining a focus on underserved and special populations.
RES.C Page 116 of 138
Annual Action Plan 2016 4
OMB Control No: 2506-0117 (exp. 07/31/2015)
PR-05 Lead & Responsible Agencies - 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan
The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.
Agency Role Name Department/Agency Lead Agency AUBURN CDBG Administrator ESG Administrator Table 1 – Responsible Agencies Narrative
Consolidated Plan Public Contact Information
Erica Azcueta, Human Services Manager
25 West Main Street, Auburn, WA 98001
eazcueta@auburnwa.gov 253-876-1965
RES.C Page 117 of 138
Annual Action Plan 2016 5
OMB Control No: 2506-0117 (exp. 07/31/2015)
AP-10 Consultation - 91.100, 91.200(b), 91.215(l) 1. Introduction
The City of Auburn consulted with local and regional public and private agencies during the development of the Action Plan Amendment. Agencies that participated in consultations included: the King County Department of Community and Human Services, and nonprofit agencies delivering services in Auburn and the subregion.
In addition to conducting consultations during the development of the plan, the City of Auburn collaborates and works closely with numerous coalitions, committees and government entities throughout the duration of the plan in efforts to enhance strategies and systems to meet established goals and objectives on the plan.
Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)).
The City of Auburn works closely with partnering King County jurisdictions, public housing authorities and health providers to develop systems in order to improve the quality of service and access for low-income residents as well as the community as a whole within the city and throughout the region. Additionally, the City participates in monthly meetings with King County Community and Human Services, Public Health King County, Valley Cities, the Multi-Service Center and King County Housing Authority to review program progress and delivery of services funded through regional efforts. This group has worked collaboratively to fund a full-time Homeless and Housing Planner to address needs and issues in the South King County region.
Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.
The City works closely with the King County CoC to ensure residents needs are being met and nonprofits delivering services have access to funds awarded through the CoC. The City also works closely with nonprofits in reciept of CoC funds including Auburn Youth Resources, King County YWCA and Valley Cities.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction’s area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS
RES.C Page 118 of 138
Annual Action Plan 2016 6
OMB Control No: 2506-0117 (exp. 07/31/2015)
All projects receiving CoCfunding are required by HUD to apply for support through a local Continuum of Care. For King County, the Continuum of Care encompasses programs and activities within the borders of King County. Each continuum sets funding priorities and need for its community. The King County CoC priorities are set by All Home King County. Auburn staff contribute to the CoC by working collaboratively with All Home on efforts for King County to ensure coordination efforts between the two entities.
2. Agencies, groups, organizations and others who participated in the process and consultations
RES.C Page 119 of 138
Annual Action Plan 2016 7
OMB Control No: 2506-0117 (exp. 07/31/2015)
Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization KING COUNTY Agency/Group/Organization Type Other government - County What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination?
The City and King County meet regularly to discuss all CDBG related issues that impact our region. To improve coordination there have been more strategic systems put in place to increase communication and collaborative efforts.
Identify any Agency Types not consulted and provide rationale for not consulting
The City of Auburn consulted with all types of organizations that primarily serve the populations focused on in the Action Plan Amendment and implemented programs that addressed the greatest need in the community.
The only types of organizations not consulted with were corrections facilities and homeless shelters. The rationale for not consulting with these facilities is that the City does not host either type of organization in the region.
RES.C Page 120 of 138
Annual Action Plan 2016 8
OMB Control No: 2506-0117 (exp. 07/31/2015)
Other local/regional/state/federal planning efforts considered when preparing the Plan
Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care King County The goals of Auburn's Strategic Plan overlap with the goals of the CoC to address the needs of homeless residents in the community and reduce the risk of homelessness. Table 3 - Other local / regional / federal planning efforts
Narrative
RES.C Page 121 of 138
Annual Action Plan 2016 9
OMB Control No: 2506-0117 (exp. 07/31/2015)
AP-12 Participation - 91.401, 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting
Citizen participation plays a crucial role in the success of the City's Annual Action Plan. The goals are to hear the community's feedback and recommendations on how CDBG funds should be invested and how services can coordinate to achieve the greatest impact.
Citizens will be given two opportunities to participate in the process throughout the year. The first time will be prior to the submittal of the Amendment and the second will be after the Amendment is approved.
Citizen Participation Outreach
Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons
URL (If applicable)
1 Newspaper Ad Non-targeted/broad community No comments were received.
2 Public Meeting Non-targeted/broad community
Table 4 – Citizen Participation Outreach
RES.C Page 122 of 138
Annual Action Plan 2016 10
OMB Control No: 2506-0117 (exp. 07/31/2015)
Expected Resources
AP-15 Expected Resources – 91.420(b), 91.220(c) (1, 2) Introduction
The City of Auburn anticipates funding for the duration of the Consolidated Plan from
CDBG City of Auburn General Fund allocation for Community Services
Anticipated Resources
Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $
Narrative Description Annual Allocation: $
Program Income: $ Prior Year Resources: $
Total: $
CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 529,029 0 277,808 806,837 1,587,427
General Fund public - local Public Services 500,000 0 0 500,000 2,000,000 Table 5 - Expected Resources – Priority Table Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how
RES.C Page 123 of 138
Annual Action Plan 2016 11
OMB Control No: 2506-0117 (exp. 07/31/2015)
matching requirements will be satisfied
The City of Auburn relies on CDBG funds to support community and economic development projects and activities in efforts to support low to moderate income populations become self sufficient and sustain affordable housing. However, CDBG funds are not the only source of funds the City uses to support community projects and activities. The City's general funds are used to support community projects in addition to CDBG funds.
CDBG funds do not require matching funds.
If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan
N/A
Discussion
The City of Auburn will use CDBG funds to support all eligible projects and activities that align with CDBG guidelines and regulations.
RES.C Page 124 of 138
Annual Action Plan 2016 12
OMB Control No: 2506-0117 (exp. 07/31/2015)
Annual Goals and Objectives AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e)
Goals Summary Information
Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator
1 Ensure a Suitable Living Environment 2015 2019 Non-Housing Community Development
Homeless Prevention and Intervention Affordable Housing Development and Preservation
CDBG: $66,664 Public service activities other than Low/Moderate Income Housing Benefit: 15 Persons Assisted Public service activities for Low/Moderate Income Housing Benefit: 55 Households Assisted 2 End Homelessness 2015 2019 Homeless Homeless Prevention and Intervention CDBG: $62,500 Homelessness Prevention: 30 Persons Assisted 3 Ensure Decent, Affordable Housing 2015 2019 Affordable Housing Public Housing Affordable Housing Development and Preservation Neighborhood Revitalization
CDBG: $289,950 Public service activities other than Low/Moderate Income Housing Benefit: 30 Persons Assisted Homeowner Housing Rehabilitated: 55 Household Housing Unit 4 Planning and Administration 2015 2015 Planning and Administration CDBG: $100,000
Table 6 - Goals Summary
Goal Descriptions
RES.C Page 125 of 138
Annual Action Plan 2016 13
OMB Control No: 2506-0117 (exp. 07/31/2015)
1 Goal Name Ensure a Suitable Living Environment Goal Description 2 Goal Name End Homelessness Goal Description 3 Goal Name Ensure Decent, Affordable Housing Goal Description 4 Goal Name Planning and Administration Goal Description Table 7 – Goal Descriptions
RES.C Page 126 of 138
Annual Action Plan 2016 14
OMB Control No: 2506-0117 (exp. 07/31/2015)
AP-35 Projects - 91.420, 91.220(d) Introduction
Auburn's Annual Action Plan provides descriptions of proposals of how funds will be prioritized to achieve goals identified in the Consolidated Plan. Projects funded by the City will address the priority needs of providing assistance to prevent homelessness, ensure affordable housing and a suitable living environment. Projects and programs are selected through a competitive application process to ensure optimal quality services is provided to the community in use of the funds.
# Project Name 1 HOUSING REPAIR 2 GRC SMALL BUSINESS ASSISTANCE CENTER 3 Les Gove Park Restroom Upgrade Table 8 – Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The allocations proposed are based on the assessment of Auburn's needs, the resources available in the region, the availability of other funds also focusing on needs, and the purpose of Consolidated Plan funds.
Should CDBG revenues exceed the proposed amount, the additional resources shall be allocated in accordance to the following guidelines:
Fill gaps in human services primarily healthcare, homeless prevention and intervention and affordable housing accessibility. Increase funding for physical development activities including housing, community facilities and economic development.
If increases are not significant enough to enhance projects or activitities funds may be placed in contingency for programming later in the year or the following program year.
Should CDBG revenues come in lower than anticipated; the City will continue with its planned policy and to the extent allowed reduce funding allocations in physical development projects and administrative activities. Public service project funds will not be decreased.
Should CDBG revenues come in less than originally proposed, the City will continue managing the programs with decreased resources to the extent possible and reduce funding allocations in administrative activities and not public services.
If exceeded revenues are not significant enough to enhance or fund a project, funds may be placed in
RES.C Page 127 of 138
Annual Action Plan 2016 15
OMB Control No: 2506-0117 (exp. 07/31/2015)
contingency for programming later in the year or in the next program year.
RES.C Page 128 of 138
Annual Action Plan 2016 16
OMB Control No: 2506-0117 (exp. 07/31/2015)
AP-38 Project Summary Project Summary Information
1 Project Name HOUSING REPAIR Target Area Goals Supported Ensure a Suitable Living Environment Needs Addressed Affordable Housing Development and Preservation Neighborhood Revitalization Funding : Description Maintain the affordability of decent housing for very low-income Auburn residents by providing repairs necessary to maintain suitable housing for low income Auburn homeowners. Target Date 12/29/2017 Estimate the number and type of families that will benefit from the proposed activities
A minimum of 4 Auburn residents will benefit from the housing repair program.
Location Description Auburn city limits. Planned Activities Minor home repairs and maintenance include but are not limited to: roof repair, ramp installation, furnace repair and replacement, plumbing, floor repair and weatherization. 2 Project Name GRC SMALL BUSINESS ASSISTANCE CENTER Target Area Goals Supported Ensure a Suitable Living Environment Needs Addressed Economic Opportunity
RES.C Page 129 of 138
Annual Action Plan 2016 17
OMB Control No: 2506-0117 (exp. 07/31/2015)
Funding CDBG: $20,000 Description Create economic opportunities by providing the availability and access to counseling and training for approximately 12 Auburn residents who are either trying to sustain or create a small business and collectively generate jobs. Target Date 12/29/2017 Estimate the number and type of families that will benefit from the proposed activities
12 Auburn residents will benefit from the proposed activity of Small Business Assistance.
Location Description 1221 D Street NE Auburn, WA 98002 Planned Activities Provide counseling and technical assistance to low income Auburn residents who are small business owners looking to improve or expand their business as well as residents looking to start a small business in Auburn. 3 Project Name Les Gove Park Restroom Upgrade Target Area Goals Supported Ensure a Suitable Living Environment Needs Addressed Neighborhood Revitalization Funding : Description The City of Auburn Les Gove Park restroom has experienced significant deterioration over the years causing residents visiting the park to not feel safe using the restroom facilities. The Les Gove Park provides imperative programs and services to many of Auburn's low to moderate income residents. Ensuring all park facilities such as the restroom are safe and ADA compliant allow park staff to continue serving our residents and connect them with invaluable programs. Target Date 12/29/2017
RES.C Page 130 of 138
Annual Action Plan 2016 18
OMB Control No: 2506-0117 (exp. 07/31/2015)
Estimate the number and type of families that will benefit from the proposed activities
The Les Gove Park hosts 80,000-90,000 visitors each year. All visitors of the Park and its facilities will benefit from the proposed activities with a specific benefit to those living with physical disabilities.
Location Description 910 9th St. SE Auburn, WA 98002 Planned Activities Contain and stabilize project area using appropriate erosion control measures. Demolish and dispose of existing restroom building, and excavate project area to accommodate proposed building footprint. Upgrade existing water supply lines to accommodate the increase in restroom fixtures if necessary. Construct the new building using appropriate building materials based on today's construction materials. Install toilets, urinals and sinks based on design develoed by project architect. Install landscape improvements to stabilize soils and to match existing landscaping in the vicinity of the project area.
RES.C Page 131 of 138
Annual Action Plan 2016 19
OMB Control No: 2506-0117 (exp. 07/31/2015)
AP-50 Geographic Distribution - 91.420, 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed
The City of Auburn intends on distributing funds throughout the jurisdiction.
Geographic Distribution
Target Area Percentage of Funds Table 9 - Geographic Distribution Rationale for the priorities for allocating investments geographically
n/a
Discussion
Due to the fact that areas of low-income and minority concentrations are dispersed throughout all of Auburn, the City intends on investing throughout the entire jurisdiction to ensure that all populations throughout the region have access to beneficial programs and housing opportunitites.
RES.C Page 132 of 138
Annual Action Plan 2016 20
OMB Control No: 2506-0117 (exp. 07/31/2015)
RES.C Page 133 of 138
Annual Action Plan 2016 21
OMB Control No: 2506-0117 (exp. 07/31/2015)
AP-85 Other Actions - 91.420, 91.220(k) Introduction
The City of Auburn will continue to work with service providers throughout the region in coordination to develop systems and strategies to promote their efforts in providing optimal, easily accessible services. The City will work to reduce the number of families in poverty, sustain relationships with employment training agencies, and work to preserve the affordable housing stock in our community.
Actions planned to address obstacles to meeting underserved needs
By establishing a strong foundation of networks between local service providers, stakeholders and government agencies through committees and coalitions, the City will work in partnership to address obstacles and ameliorate barriers to meeting underserved needs. The collaborated organizations will develop detailed strategic plans that will delegate tasks, build systems and ongoing assessment of service delivery.
Actions planned to foster and maintain affordable housing
The City will continue to maintain the affordability of decent housing for low income Auburn residents by reallocating $20,000 of CDBG funds to the City's Housing Repair Program. The program provides emergency repairs necessary to maintain safe housing for up to 55 Auburn homeowners, many of whom are senior citizens and/or are experiencing barriers safely accessing their homes due to physical disabilities or impairment.
In addition to Auburn's Housing Repair program, the City will maintain affordable housing by continuing to engage and partner with coalitions, committees and other government agencies to integrate and enhance efforts on the issue.
Actions planned to reduce lead-based paint hazards
The City of Auburn will continue to implement U.S. Department of Housing Urban Development (HUD) regulations to protect residents from lead-based paint hazards in housing that is financially assisted by the federal government. The requirements apply only to housing built prior to 1980, the year lead-based paint was banned nationwide for consumers.
Actions planned to reduce the number of poverty-level families
The City of Auburn's actions planned to reduce the number of poverty- level families include but are not limited to:
Allocating $20,000 to the housing repair program
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Participate and partner with coalitions, committees and agencies that provide antipoverty services to develop and enhance strategies and efforts to reduce poverty level families
Actions planned to develop institutional structure
The City's planned actions to address the gaps and weaknesses identified in the strategic plan include:
Maintaining partnerships with and participating in the South King County Homeless Coalition, the Committee to End Homelessness of King County and other regional human service providers, coalitions and committees who address homeless issues. The City will also continue to work collaboratively with partnering organizations and groups to integrate and enhance services to provide optimal services to individuals and families currently experiencing or at risk of homelessness. Continue to use the recommendations provided by the City's Homeless Task Force to address gaps in services to our homeless population and identify where resources can be leveraged to strengthen the safety net of supportive services available to our residents.
Actions planned to enhance coordination between public and private housing and social service agencies
The City of Auburn has heavily contributed and intends to continue cultivating relationships between public and private housing and social service agencies. In addition the City will continue to participate in collaborations with the South King County Homeless Forum, the South King County Council of Human Services, King County Housing Development Consortium and the Seattle-King County Joint Planners Meeting.
Discussion
The expressed goal of the City's Consolidated Plan is to reduce the number of people living in poverty within Auburn. The City intends to give funding priority to programs that in addition to complying with federal regulations and address a priority a outlined in the Consolidated Plan are consistent with all of the goals and objectives identified.
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Program Specific Requirements AP-90 Program Specific Requirements - 91.420, 91.220(l)(1,2,4)
Introduction
The City of Auburn will use all CDBG funds to support projects and activities benefiting low and moderate income residents. The full allowable amount of funds will be used for Public Services and Planning and Administration with the remaining balance intended for housing rehab services and economic development.
Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float-funded activities 0 Total Program Income: 0 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00%
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Discussion
The City of Auburn will continue to use all of its funds to support residents of low/moderate income while maintaining a focus on underserved and special populations.
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