HomeMy WebLinkAbout07-06-2020 CITY COUNCIL AGENDA (2)City Council Meeting
J uly 6, 2020 - 7:00 P M
Virtual
A GE NDA
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I .C AL L T O O RD E R
I I .Virtual Participation Link
1.Virtual P articipation L ink
T he Auburn City Council Meeting scheduled for Monday, J uly 6, 2020 at 7:00
p.m. will be held virtually and telephonically. To attend the meeting virtually please
click the link or enter the meeting I D into the Z oom app or call into the meeting at
the phone number listed below.
Per the C ity of Auburn Resolution No. 5533, the City of A uburn meeting location
for all Council, Board and Commission meetings is virtual. A ll meetings will be
held virtually and telephonically until K ing C ounty enters into Phase 3 of Governor
I nslee’s Safe Start — Washington’s Phased Reopening plan.
T he link to the Virtual Meeting or phone number to listen to the Council Meeting is:
J oin from a P C, Mac, iP ad, iPhone or Android device:
Please click this UR L to join. https://zoom.us/j/95202974017
Or join by phone:
253 215 8782
877 853 5257 (Toll F ree)
Webinar I D: 952 0297 4017
A .P ledge of Allegiance
B .Roll Call
I I I .AG E ND A M O D I F IC AT I O NS
I V.NE W B US I NE S S
V.C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .P ublic Hearings - (No public hearing is scheduled for this evening.)
B .Audience Participation
Page 1 of 43
This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
1.Virtual P articipation
Participants can submit written comments via mail, f ax or email. A ll written
comments must be received prior to 7:00 p.m. on the day of the scheduled
meeting and must be 350 words or less.
Please mail comments to:
City of A uburn
Attn: Shawn Campbell, City Clerk
25 W Main S t
Auburn, WA 98001
Please fax comments to:
Attn: Shawn Campbell, City Clerk
F ax number: 253-804-3116
Email comments to:
scampbell@auburnwa.gov
C.Correspondence - (T here is no correspondence for Council review.)
V I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
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.
1.F inance Ad Hoc Committee (Chair B aggett)
V I I .C O NS E NT AG E ND A
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 J une 8, 2020 and J une 22, 2020 Study Session
B .Minutes of the J une 15, 2020 Regular Council Meeting
C.Minutes of the J une 22, 2020 S pecial Council Meeting
D.Claim Vouchers (Thomas)
Claim voucher list dated J uly 6th, 2020 which includes voucher numbers 459073
through 459287 in the amount of $4,260,620.62 and five wire transfers in the amount of
$766,138.01
E .P ayroll Vouchers (T homas)
P ayroll check numbers 538936 through 538942 in the amount of $573,866.50 and
electronic deposit transmissions in the amount of $1,977,733.25 for a grand total of
$2,551,599.75 for the period covering J une 16, 2020 to J une 29, 2020
Page 2 of 43
F.S etting date for Public Hearing for P uget S ound Energy
E lectrical F ranchise (Gaub)
S et date for Public Hearing for Franchise A greement No. F R N20-0002 for P uget
S ound Energy, I nc. E lectrical F ranchise
(RE C O M M E ND E D AC T I O N: M ove to approve the Consent Agenda.)
V I I I .UNF INIS HE D B US I NE S S
I X.RE S O L UT IO NS
A .Resolution No. 5534 (Gaub)
A Resolution authorizing the Mayor to execute an agreement between the City of
A uburn and K ing County, Metro Transit Department relating to Project C P 1902 –
P edestrian Safety Sidewalk and A D A I mprovements
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5534.)
B .Resolution No. 5536 (O'Neil)
A Resolution regarding enforcement by Auburn Police Officers of the face-
covering requirements of the Governor’s P roclamation number 20-60 and the
S ecretary of Health’s Order number 20-03
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5536.)
X .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
B .From the M ayor
X I .AD J O URNM E NT
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.
Page 3 of 43
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the June 8, 2020 and June 22, 2020 Study Session
Date:
June 22, 2020
Department:
City Council
Attachments:
06-08-2020 Minutes
06-22-2020 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:July 6, 2020 Item Number:CA.A
Page 4 of 43
City Council Study Session P W C D S FA
J une 8, 2020 - 5:30 P M
Virtual
MINUT E S
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I .C A L L TO O R D E R
Deputy Mayor DaCorsi called the meeting to order at 5:30 p.m. in the Council
Chambers of Auburn City Hall, 25 West Main Street in A uburn.
I I .Virtual Participation L ink
A .Virtual Participation L ink
The City Council Meeting was held virtually in the Council Chambers.
B .Roll Call
Councilmembers virtually present: Deputy Mayor Claude DaCorsi, B ob
B aggett, J ames J eyaraj, Robyn Mulenga, Chris S tearns and Yolanda
Trout-Manuel. Councilmember L arry Brown was excused.
Mayor Nancy Backus and the following department directors and staff
members were present: I nnovation and Technical Support S pecialist
Danika Olson, Director of I nnovation and Technology David Travis, Chief
of P olice Dan O’Neil and City Clerk Shawn Campbell.
The following department directors and staff members attended the
meeting virtually: P olice Commander S teve Stocker, Director of
Community Development J eff Tate, Director of F inance J amie T homas,
S enior Transportation Planner Cecile Malik, Capital and Construction
E ngineering Manager Ryan Vondrak, Senior Traffic Engineer J ames
Webb, Director of Public Works I ngrid Gaub, E conomic Development
Manager Doug L ein, Director of A dministration Dana Hinman and Director
of Human Resources and Risk Management Candis Martinson.
I I I .A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS
There were no announcements, reports or presentations.
Page 1 of 4Page 5 of 43
I V.A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N
A .Use of Force and Commendations, I nquiries, A llegations (C I A) Update (O'Neil)(30
Minutes)
Commander Stocker presented Council with the Use of Force and
Commendations, I nquiries, A llegations (C I A) Update. The Police
Department received 93 accommodations in 2019, conducted 18 internal
investigations with 11 findings of misconduct and 11 supervisory
inquiries with 7 findings of unacceptable performance. He reviewed types
of allegations, number of collision and use of force reports and allegations.
There were 19 collisions with 14 of those being deemed preventable,
there were 214 Use of Force Reports completed with 3 allegations of
excessive force, all three were deemed acceptable use of force. He also
reviewed the force types, effectiveness of force, force used resulting in
injury, the time of day for use of force and reason for use of force.
Council discussed the Vascular Neck Restraint (V NR) training, the "Other"
category for use of force, what macular tension pulled away means, lethal
use of force, types of employee misconduct, use of force types and
escalation of force, policy for use of force regarding gender, who reviews
allegations, how complaints are made and the possibility of having an
independent review board.
B .S K HHP P rogress Update and Draft 2020-2021 Work Plan (Tate)(25 Minutes)
S outh King Housing and Homelessness Partners (S K HHP ) 2019 E nd of the Year
Report and draft 2020-2021 Work P lan and overview of proposed 2021 and 2022
jurisdiction contributions to S K HHP
Director Tate provided a brief overview on the S outh King Housing and
Homelessness Partners (S K HHP ) 2019 E nd of Year Report, the draft
2020-2021 Work Plan and the proposed 2021 and 2022 contributions to
S K HHP.
S K HHP E xecutive Manager A ngela San Filippo provided Council with an
update on the 2019 End of Year Report, the draft 2020-2021 Work P lan
and the 2021-2022 B udget, and how the C O V I D-19 pandemic affected
the cost-burdened households in King County.
Council discussed the challenges tenants will have making up their back
rent after the eviction moratorium ends, contractors building affordable
housing and what safe and affordable housing means.
C.Ordinance No. 6777 (T homas)(10 Minutes)
A n Ordinance amending Ordinance No. 6767 extending the temporary waiver of late
fees for utility accounts and airport fees in light of a declared Public Health E mergency
related to C O V I D- 19
Director T homas explained this ordinance is an extension through August
Page 2 of 4Page 6 of 43
31, 2020 of Ordinance No. 6767 temporarily waiving late fees for utility
accounts and airport fees.
V.P UB L I C W O R K S A ND C O MMUNI T Y D E V E L O P ME NT D I S C US S I O N I T E MS
A .P ierce Transit L ong Range P lan Presentation (Gaub)(20 Minutes)
Councilmember S tearns presided over the P ublic Works section of the meeting.
S enior Planner Malik introduced Principal Planner Darin Stavish from
P ierce Transit who provided Council with an update on Destination 2040
P ierce Transit L ong Range P lan (L R P ) and discussed the purpose, goals,
and objectives of the L R P. He also reviewed projects that have moved
forward, expected expansion of ridership, proposed routes and
frequencies of future routes, web-based engagement and next steps
including; adoption of the long range plan and requested a formal
comment letter from the City of Auburn.
B .L ea Hill Road Corridor S tudy (Gaub)(20 Minutes)
Manager Vondrak provided Council with an update on the L ea Hill Corridor
S tudy. He reviewed the project background, corridor challenges, study
objectives, public involvement and existing pedestrian and transit facilities.
He also discussed crash data for the corridor, the level of service at
intersections, the level of service if no updates are made, performance
metrics for the study, corridor recommendations, plan implementation and
next steps.
Council discussed the order of projects, data on pedestrian injuries, the
intersection grading review process and the options for bus lanes or pull
outs.
C.A mericans with Disabilities Act (A D A ) Transition P lan and Resolution No. 5514 to
adopt A D A policies (Gaub)(20 Minutes)
S enior Planner Malik provided Council with a presentation on the draft
A mericans with Disability Act (A D A ) transition plan for facilities in the
P ublic Right-of-Way. She reviewed the elements of the plan and the types
of public outreach completed. She also discussed the legal background of
the plan, a self-evaluation for the requirements and compliance, the
existing and new policies in the transition plan, the plan for transitioning to
full A D A compliance and next steps.
Council requested an annual update on the status of the A D A projects.
Deputy Mayor DaCorsi called for a 5 minute recess at 7:42 p.m. The meeting
reconvened at 7:47 p.m.
Page 3 of 4Page 7 of 43
D.Ordinance No. 6778 (Gaub)(10 Minutes)
A n Ordinance 6778 providing a temporary waiver of Right-of-Way Use Permit fees, for
outside restaurant seating in the public right-of-way, in response to the phased opening
of commercial businesses following the C O V I D-19 declared P ublic Health Emergency
Director Gaub presented Council with information on Ordinance No. 6778
and discussed a temporary waiver of the non-refundable permit application
fee for Right-of-Way Use permits applied for by restaurants to temporarily
allow outdoor seating.
E .C A R E S Small B usiness Assistance (Hinman)(10 Minutes)
Overview of a draft approach for distributing S mall Business A ssistance Grants using
the City’s allocation of C A R E S funding
Manager L ein provided Council with an update on the C A R E S S mall
B usiness Assistance P rogram. He reviewed the purpose of the C A R E S
funding and the criteria that defines the types of businesses that are
eligible to receive grant funds.
Council discussed the criteria for C A R E S funding.
F.Resolution No. 5525 (Tate)(10 Minutes)
A Resolution authorizing the Mayor to enter into a contract for professional services
with the eCityGov A lliance for the purposes interfacing the City’s permit system with
MyBuildingPermit.com
Director Tate provided Council with an update on Resolution No. 5525 and
discussed the purpose of creating a common online permitting software
interface.
V I .O T HE R D I S C US S I O N I T E MS
Councilmember S tearns stated he attended the E ducator and S tudents march
and rally at City Hall last week and was very impressed with the organizers, the
Muckleshoot Tribe and their performance and Mayor B ackus and her speech.
V I I .NE W B US I NE S S
V I I I .A D J O UR NME NT
There being no further business to come before the Council, the meeting was
adjourned at 8:11 p.m.
A P P R O V E D this 6th day of J uly, 2020.
_______________________________ ______________________
C L A UD E D A C O R S I , D E P UT Y MAYO R Shawn Campbell, City Clerk
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.
Page 4 of 4Page 8 of 43
City Council Study Session Muni
Serv ices S FA
J une 22, 2020 - 5:30 P M
Virtual
AGE ND A
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hours after the meeting has concluded.
I .C A L L TO O R D E R
D eputy Mayor D aCorsi called the meeting to order at 5:35 p.m. in the Council
C hambers of Auburn C ity Hall, 25 West Main S treet in Auburn.
I I .Virtual P articipation L ink
A.Virtual P articipation L ink
The City Council Meeting was held virtually in the Council Chambers.
B.R oll Call
C ouncilmembers virtually present: Deputy Mayor C laude DaC orsi, Bob
B aggett, L arry B rown, J ames J eyaraj, R obyn Mulenga, C hris Stearns and
Yolanda Trout-Manuel.
Mayor Nancy B ackus and the f ollowing department directors and staff
members were present: I nnovation and Technical Support S pecialist
D anika O lson, D irector of I nnovation and Technology David Travis, Chief
of P olice Dan O’Neil and City C lerk Shawn C ampbell.
The f ollowing department directors and staff members attended the
meeting virtually: C ity A ttorney D an Heid, D irector of Finance J amie
Thomas, D irector of Human Resources and R isk Management Candis
Martinson and Outreach Program A dministrator Kent Hay.
I I I .A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS
Agenda Modif ication:
O rdinance No. 6776 has been removed from the agenda.
I V.E X E C UT I V E S E S S I O N
D eputy Mayor D aCorsi recessed into executive session at 5:44 p.m. f or 45
minutes pursuant to R C W 42.30.110 (1)(2) for potential litigation. Mayor Backus,
C ity A ttorney Heid, C hief O'Neil, Director Martinson and S tuart E stes attended
the executive session. Mayor Backus extended the executive session twice
for 15 minutes and one additional time f or 5 minutes.
Page 1 of 3Page 9 of 43
D eputy Mayor D aCorsi reconvened the meeting at 7:05 p.m.
V.A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N
A.First Q uarter Update (Thomas)(30 Minutes)
Financial R eport through May 2020
D irector T homas presented C ouncil with the f inancial report from J anuary
through May 2020. She discussed the budget impact shortfalls due to
C O V I D -19. S he reviewed General F und revenues including; S ales Tax
revenue, C riminal J ustice Sales Tax, Motor Vehicle Fuel Tax, B uilding
P ermits revenue, Development S ervices F ee revenue, P ublic Safety F ee
revenue, C ultural Arts and Recreation f ees, Admissions Tax, Gambling
Tax, B usiness L icense f ees, S treamlined S ales Tax Mitigation and Utility
Taxes. S he also stated with the C O V I D-19 budget adjustments they
estimate the C ity is $20,000 below budget projections.
C ouncil discussed the return of revenue and gambling tax revenue.
V I .MUNI C I PA L S E RV I C E S D I S C US S I O N I T E MS
A.C ommunity Court Update (Martinson)(30 Minutes)
C ouncilmember Stearns presided over the Municipal S ervices section of
the meeting.
D irector Martinson presented C ouncil with an update on Community C ourt.
S he shared a brief history of C ommunity Court and outlined the process
moving forward to go live with the C ommunity Court.
J udge S usan Mahoney and J udge Matthew York shared with C ouncil their
work with the C ommunity Court and Outreach Coordinator Hay shared his
experience with the Community Court in R edmond.
C ouncil discussed the benefits of C ommunity Court and thanked J udge
Mahoney, J udge York and Coordinator Hay f or all their work.
V I I .NE W B US I NE S S
T here was no new business.
V I I I .A D J O UR NME NT
T here being no f urther business to come before the C ouncil, the meeting was
adjourned at 8:00 p.m.
A P P R O V E D this 6th day of J uly, 2020.
________________________________ ____________________________
C L A UD E D A C O R S I , D E P UT Y MAYO R S hawn Campbell, C ity C lerk
Page 2 of 3Page 10 of 43
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 revi ew
at the City Clerk's Office.
Page 3 of 3Page 11 of 43
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the June 15, 2020 Regular Council Meeting
Date:
June 22, 2020
Department:
City Council
Attachments:
06-15-2020 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:July 6, 2020 Item Number:CA.B
Page 12 of 43
City Council Meeting
J une 15, 2020 - 7:00 P M
Virtual
MINUT E S
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hours after the meeting has concluded.
I .C AL L T O O RD E R
I I .Virtual Participation Link
1.Virtual P articipation L ink
T he City Council Meeting was held virtually in the Council Chambers.
A .P ledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet in Auburn and
led those in attendance in the P ledge of A llegiance.
B .Roll Call
Councilmembers present: Deputy Mayor Claude DaCorsi, B ob Baggett,
L arry B rown, J ames J eyaraj, Robyn Mulenga and Chris S tearns.
Councilmember Yolanda Trout-Manuel was excused.
Mayor Nancy Backus and the following department directors and staff
members were present: I nnovation and Technical Support S pecialist
Danika Olson, Director of I nnovation and Technology David Travis, Chief
of P olice Dan O’Neil and City Clerk Shawn Campbell.
The following department directors and staff members attended the
meeting virtually: City Attorney Dan Heid, Director of P ublic Works I ngrid
Gaub, Director of Finance J amie Thomas, Director of Community
Development J eff Tate, Director of Administration Dana Hinman, Director
of P arks, A rts, and Recreation Daryl Faber, Director of Human Resources
and Risk Management Candis Martinson, Economic Development
Manager Doug L ein and A ssistant Director of I nnovation and Technology
A shley Riggs.
I I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
A .J uneteenth 2020 P roclamation
Mayor Backus to proclaim J une 19, 2020 as "J uneteenth 2020" in the City of Auburn
Mayor Backus read and proclaimed J une 19, 2020 as "J uneteenth 2020"
Page 1 of 6Page 13 of 43
in the City of Auburn.
I V.AG E ND A M O D I F IC AT I O NS
There were no modifications to the agenda.
V.NE W B US I NE S S
There was no new business.
V I .C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .P ublic Hearings
1.Public Hearing for 2021-2026 Transportation
I mprovement Program
A Public Hearing to Consider the 2021-2026 Transportation I mprovement
Program
Mayor B ackus opened the public hearing at 7:04 p.m. No one came
forward to speak, she closed the hearing at 7:05 p.m.
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
1.Virtual P articipation
B ob Z immerman, 33029 46th Place South, A uburn
Mr. Z immerman expressed concerns regarding code compliance in the
City of Auburn.
Nick Hendrickson
Mr. Hendrickson asked questions about the City of Auburn's plan for the
future.
C.Correspondence
There was no correspondence for Council to review.
V I I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
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.
1.F inance Ad Hoc Committee (Chair B aggett)
Councilmember B aggett, Chair of the Finance ad hoc committee,
reported he and Councilmember Stearns have reviewed the claims
and payroll vouchers described on the Consent Agenda this evening
and recommended their approval.
Page 2 of 6Page 14 of 43
V I I I .C O NS E NT AG E ND A
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 May 26, 2020 Study Session
B .Minutes of the J une 1, 2020 City Council Meeting
C.Claim Vouchers (Thomas)
Claim voucher list dated J une 15th, 2020 which includes voucher numbers
458917 through 459072 in the amount of $5,352,480.95 and three wire transfers in the
amount of $379,415.23
D.P ayroll Vouchers (T homas)
P ayroll check numbers 538928 through 538935 in the amount of $223,622.13 and
electronic deposit transmissions in the amount of $2,183,567.24 for a grand total of
$2,407,189.37 for the period covering May 27, 2020 to J une 9, 2020
Deputy Mayor DaCorsi moved and Councilmember B rown seconded to
approve the consent agenda.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
I X.UNF INIS HE D B US I NE S S
There was no unfinished business.
X .O RD INANC E S
A .Ordinance No. 6777 (T homas)
A n Ordinance amending Ordinance No. 6767 extending the temporary waiver of late
fees for utility accounts and airport fees in light of a declared Public Health E mergency
related to C O V I D- 19
Councilmember B rown moved and Councilmember S tearns seconded to
adopt Ordinance No. 6777.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
B .Ordinance No. 6778 (Gaub)
A n Ordinance providing a temporary waiver of Right-of-Way Use P ermit fees for
outside restaurant seating in the public right-of-way, in response to the phased opening
of commercial businesses following the C O V I D-19 declared P ublic Health Emergency
Councilmember J eyaraj moved and Councilmember Brown seconded to
adopt Ordinance No. 6778.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
Page 3 of 6Page 15 of 43
X I .RE S O L UT IO NS
A .Resolution No. 5514 (Gaub)
A Resolution authorizing the adoption of Americans with Disabilities A ct (A D A) policies
for facilities in the public Right-of-Way
Councilmember J eyaraj moved and Councilmember Mulenga seconded to
adopt Resolution No. 5514.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
B .Resolution No. 5525 (Tate)
A Resolution authorizing the Mayor to execute an agreement between the City of
A uburn and eCityGov A lliance for building permit management software services
Councilmember B rown moved and Councilmember S tearns seconded to
adopt Resolution No. 5525.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
C.Resolution No. 5527 (Gaub)
A Resolution authorizing the adoption of the 2021-2026 Transportation I mprovement
P rogram
Deputy Mayor DaCorsi moved and Councilmember J eyaraj seconded to
adopt Resolution No. 5527.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
D.Resolution No. 5528 (Hinman)
A Resolution authorizing the Mayor to utilize a portion of the City’s allocation of Cares
A ct Funding for small business assistance grants
Councilmember J eyaraj moved and Deputy Mayor DaCorsi seconded to
adopt Resolution No. 5528.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
E .Resolution No. 5530 (O'Neil)
A Resolution accepting a US Department of J ustice Grant for Coronavirus related
P olice F unding
Councilmember S tearns moved and Councilmember Mulenga seconded
to adopt Resolution No. 5530.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
Page 4 of 6Page 16 of 43
F.Resolution No. 5531 (Thomas)
A Resolution authorizing the Mayor to execute an interagency agreement between the
City of Auburn and the Washington State Department of Commerce relating to the
Coronavirus Relief F und for local governments
Councilmember Mulenga moved and Councilmember B rown seconded to
adopt Resolution No. 5531.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
X I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
Deputy Mayor DaCorsi commented on the E ducator and S tudent protests
in A uburn last week and on some of the small businesses opening in
A uburn.
Councilmember B aggett reported he attended the Tacoma-Pierce County
B oard of Health meeting.
Councilmember B rown stated he is proud to live in a city that is actively
fighting against racism.
Councilmember J eyaraj commented on the Supreme Court's ruling
protecting L G B T Q A mericans from being discriminated against at work.
He also commended the organizer of the Educator and Student protests
and stated the city needs to ensure the excessive use of force happening
in other cities does not happen here.
Councilmember S tearns stated his appreciation for the E ducator and
S tudent protests and the work they are doing. He also attended a webinar
on police brutality and commented on the historic ruling by the Supreme
Court making it illegal to discriminate against someone in the work place for
being a part of the L G B T Q+ community.
B .From the M ayor
Mayor Backus spoke about her excitement regarding the Supreme Court
Ruling protecting the L G B T Q+ community in the work place. S he also
stated she has been meeting with community leaders regarding how to
make A uburn better and spoke about creating community teams to help
make positive impacts for the City of A uburn residents.
Page 5 of 6Page 17 of 43
X I I I .AD J O URNM E NT
There being no further business to come before the Council, the meeting
was adjourned at 7:38 p.m.
A P P R O V E D this 6th day of J uly, 2020.
_____________________________ ____________________________
NA NC Y B A C K US, MAYO R Shawn Campbell, City Clerk
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.
Page 6 of 6Page 18 of 43
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the June 22, 2020 Special Council Meeting
Date:
June 22, 2020
Department:
City Council
Attachments:
06-22-2020 Special Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:July 6, 2020 Item Number:CA.C
Page 19 of 43
Special City Council Meeting
J une 22, 2020 - 5:30 P M
Virtual
MINUT E S
I .C AL L T O O RD E R
Mayor Nancy Backus called the meeting to order at 5:30 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet in Auburn.
A .Virtual Participation Link
1.Virtual P articipation L ink
T he City Council Meeting was held virtually in the Council Chambers.
B .Roll Call
Councilmembers virtually present: Deputy Mayor Claude DaCorsi, B ob
B aggett, L arry Brown, J ames J eyaraj, Robyn Mulenga and Yolanda Trout-
Manuel. Councilmember Stearns arrived at 5:32 p.m.
The following department directors and staff members were present:
I nnovation and Technical Support S pecialist Danika Olson, Director of
I nnovation and Technology David Travis, Chief of Police Dan O’Neil and
City Clerk S hawn Campbell.
The following department directors and staff members attended the
meeting virtually: City Attorney Dan Heid, Director of Finance J amie
Thomas, Assistant Finance Director K evin F uhrer, Director of Human
Resources and Risk Management Candis Martinson and A ssistant Director
of I nnovation and Technology A shley Riggs.
I I .RE S O L UT IO NS
A .Resolution No. 5533
A Resolution temporarily designating the locations for Regular, Special and
S tudy S ession meetings of the City Council and of the Committees, Boards
and Commissions of the City to the virtual locations until K ing County enters
into Phase T hree of the Governor’s S afe S tart Reopening P lan
Deputy Mayor DaCorsi moved and Councilmember Trout-Manuel
seconded to adopt Resolution No. 5533.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
Page 1 of 2Page 20 of 43
I I I .AD J O URNM E NT
There being no further business to come before the Council, the meeting
was adjourned at 5:33 p.m.
A P P R O V E D this 6th day of J uly, 2020.
_______________________ ____________________________
NA NC Y B A C K US, MAYO R Shawn Campbell, City Clerk
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.
Page 2 of 2Page 21 of 43
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claim Vouchers (Thomas)
Date:
June 23, 2020
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Claim Vouchers.
Background Summary:
Claim voucher list dated J uly 6th, 2020 which includes voucher numbers 459073 through
459287 in the amount of $4,260,620.62 and five wire transfers in the amount of $766,138.01.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:July 6, 2020 Item Number:CA.D
Page 22 of 43
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers (Thomas)
Date:
June 23, 2020
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Payroll Vouchers.
Background Summary:
Payroll check numbers 538936 through 538942 in the amount of $573,866.50 and electronic
deposit transmissions in the amount of $1,977,733.25 for a grand total of $2,551,599.75 for
the period covering June 16, 2020 to June 29, 2020.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:July 6, 2020 Item Number:CA.E
Page 23 of 43
AGENDA BILL APPROVAL FORM
Agenda Subject:
Setting date for Public Hearing for Puget Sound Energy
Electrical Franchise (Gaub)
Date:
June 29, 2020
Department:
Public Works
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council set the date of the Public Hearing for Franchise Agreement No. FRN20-0002 for
Puget Sound Energy, Inc. Electrical Franchise as July 20, 2020, at 7:00 pm.
Background Summary:
Section 20.06.030 of the Auburn City Code requires the City to hold a public hearing before
granting or denying a franchise agreement. Staff requests that the City Council set the date
of the public hearing for Franchise Agreement No. FRN20-0002 for Puget Sound Energy,
Inc. (PSE) Electrical Franchise for July 20, 2020 at 7:00 pm in Council Chambers.
Section 20.06.010 of the Auburn City Code requires a franchise for any commercial utility to
use public ways of the City and to provide commercial utility services to any person or area in
the City.
PSE has applied for a new franchise agreement to continue to operate their electrical facilities
within the City’s rights of way as their previous franchise agreement recently expired. PSE
currently provides electrical services to all parts of the city, including commercial and
residential service. The proposed agreement is consistent with the City’s standard franchise
agreement language.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:July 6, 2020 Item Number:CA.F
Page 24 of 43
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5534 (Gaub)
Date:
June 29, 2020
Department:
Public Works
Attachments:
Res olution No. 5534
Exhibit A
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5534.
Background Summary:
Resolution No. 5534 authorizes the Mayor to execute an agreement between the City of
Auburn and King County, Metro Transit Department (KC Metro) relating to Project CP1902 –
Pedestrian Safety Sidewalk and ADA Improvements.
KC Metro has appropriated funds in its Safe Routes to Transit Program to support capital
projects that improve safety, convenience and accessibility for people walking, bicycling and
using assistive mobility devices (such as wheelchairs or walkers) to connect to transit
services and facilities. Improvements may include sidewalks, safe crossings, ADA ramps and
other improvements that will enhance safety, comfort and access to transit services and
facilities.
KC Metro and the City have identified improvements included in City Project CP1902 –
Pedestrian Safety Sidewalk and ADA Improvements (Project) that support and improve transit
access in the City and KC Metro has agreed to contribute funding towards those Project
improvements.
The Project is planned to be constructed in the summer of 2020 and includes constructing
sidewalks, curb ramps, and crosswalk enhancements with Rapid Rectangular Flashing
Beacons (RRFB) at several locations throughout the City. KC Metro has agreed to fund
improvements at the intersections of 37th Street SE/D Street SE and 124th Ave SE/SE 316th
Street.
The County has agreed to reimburse the City a maximum amount of one hundred seventy-five
thousand dollars ($175,000.00) towards the Project. This amount includes thirty-three
thousand dollars ($33,000.00) as a contingency to address changes and unexpected
conditions.
Rev iewed by Council Committees:
Page 25 of 43
Councilmember:Brown Staff:Gaub
Meeting Date:July 6, 2020 Item Number:RES.A
Page 26 of 43
-----------------------------
Resolution No. 5534
July 6, 2020
Page 1 of 3
RESOLUTION NO. 5534
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
AUBURN AND KING COUNTY, METRO TRANSIT
DEPARTMENT RELATING TO PROJECT NO. CP1902 –
PEDESTRIAN SAFETY SIDEWALK AND ADA
IMPROVEMENTS
WHEREAS, the City is designing and constructing pedestrian improvements
throughout the City, hereinafter referred to as the “City Project”; and
WHEREAS, Metro Connects is a long range transit plan adopted by King County,
Metro Transit Department (KC Metro). Metro Connects envisions more people walking
and bicycling to transit, and makes significant investments toward that vision, including
funding for sidewalks, bikeways and other treatments; and
WHEREAS, to further the goals of Metro Connects, King County has appropriated
funds in Metro’s Safe Routes to Transit Program to support capital projects that improve
safety, convenience and accessibility for people walking, bicycling and using assistive
mobility devices (such as wheelchairs or walkers) to connect to transit services and
facilities; and
WHEREAS, capital improvement projects made under the Safe Routes to Transit
Program may include sidewalks, bikeways, safe crossings, ADA ramps, traffic calming
devices and treatments, lighting, traffic counters, and other improvements that will
enhance safety, comfort and access to transit services and facilities; and
WHEREAS, the City and KC Metro have identified needed improvements at the
intersections of 37th Street SE/D Street SE and 124th Avenue SE/SE 316th Street
Page 27 of 43
-----------------------------
Resolution No. 5534
July 6, 2020
Page 2 of 3
(Improvements) included in the City Project that will support and improve transit access
in the City;
WHEREAS, King County is willing to compensate the City for the City’s costs to
construct the Improvements; and
WHEREAS, the City and County are authorized to enter into this Agreement
pursuant to RCW 39.34.030.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is authorized to execute an Agreement with the King
County Metro Transit Department related to pedestrian safety sidewalk and ADA
improvements and expend funds for said agreement, which Agreement will be in
substantial conformity with the Agreement attached as Exhibit A.
Section 2. The Mayor is authorized to execute any necessary funding
authorizations, supplemental amendments, and award a construction project, expending
up to the total amount of the Project budget including Metro Funds, and to implement
administrative procedures necessary to carry out the directions of this legislation.
The Mayor is authorized to implement those administrative procedures necessary
to carry out the directions of this Resolution.
Section 3. This Resolution will take effect and be in full force upon passage and
signatures.
Page 28 of 43
-----------------------------
Resolution No. 5534
July 6, 2020
Page 3 of 3
Signed .
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Page 29 of 43
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2020 SAFE ROUTES TO TRANSIT PROGRAM CAPITAL IMPROVEMENTS AGREEMENT
Between King County and the City of Auburn
Page 1 of 10
SAFE ROUTES TO TRANSIT PROGRAM
CAPITAL IMPROVEMENTS AGREEMENT
between
KING COUNTY, METRO TRANSIT DEPARTMENT
and
CITY OF AUBURN
THIS SAFE ROUTES TO TRANSIT PROGRAM CAPITAL IMPROVEMENTS AGREEMENT (the "Agreement") is
entered into by and between the City of Auburn, a municipality of the State of Washington (the "City"),
and King County, a political subdivision of the State of Washington, through its Metro Transit
Department (the "County" or “Metro”), either of which entity may be referred to hereinafter as "Party"
or collectively as the "Parties."
WHEREAS, Metro’s adopted long-range transit plan, Metro Connects, envisions more people walking
and bicycling to transit, and making significant investments toward that vision, including funding for
sidewalks, bikeways and other treatments; and
WHEREAS, the County has appropriated funds in Metro’s Safe Routes to Transit Program to support
capital projects that improve safety, convenience and accessibility for people walking, bicycling and
using assistive mobility devices (such as wheelchairs or walkers) to connect to transit services and
facilities; and
WHEREAS, capital improvement projects made under the Safe Routes to Transit Program may include
sidewalks, bikeways, safe crossings, ADA ramps, traffic calming devices and treatments, lighting, traffic
counters, and other improvements that will enhance safety, comfort and access to transit services and
facilities; and
WHEREAS, the County expects that such improvements developed under the Safe Routes to Transit
Program will help reduce collision risks and injuries involving people walking and cycling, attract more
transit riders, help more riders connect to transit without use of a personal car, thereby supporting
County objectives for equity, managing demand for car parking at transit facilities, reducing local traffic
congestion and emissions, and supporting health; and
WHEREAS, the County intends to work with local jurisdictions to fund the design and construction of
such capital projects as sidewalks, bikeways, safe crossings, ADA ramps, traffic calming devices and
treatments, lighting, traffic counters, and other improvements that will enhance safety, comfort and
access to transit services and facilities; and
WHEREAS, Metro has worked with the cities of Renton, Kent and Auburn to redesign transit service in
their cities and to identify barriers to accessing transit service; and
WHEREAS, the redesigned transit service will take effect in fall 2020; and
Page 30 of 43
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2020 SAFE ROUTES TO TRANSIT PROGRAM CAPITAL IMPROVEMENTS AGREEMENT
Between King County and the City of Auburn
Page 2 of 10
WHEREAS, the County and the City have mutual interest in reducing barriers to transit service in order to
support access to transit services and facilities in the City; and
WHEREAS, the Parties have identified capital improvement project(s) that will support and improve
transit access in the City;
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the sufficiency of which is
hereby acknowledged, the Parties agree as follows:
1. PURPOSE OF AGREEMENT
The purpose of this Agreement is to establish the terms and conditions under which the County, as part
of its Safe Routes to Transit Program, will reimburse the City for a portion of the costs of the design
and/or construction of certain transit access capital improvements consisting, in summary, of
pedestrian safety improvements at specific locations (the "Project"), as more particularly described in
the Scope of Work ("SOW") set forth at Exhibit A, which is attached hereto and incorporated herein by
this reference.
2. DUTIES AND RESPONSIBILITIES OF THE CITY
2.1 The City shall furnish the necessary personnel, equipment, material and/or services and
otherwise do all things necessary for or incidental to design, construct and inspect the transit
access capital improvements provided for in the Project description set forth in Exhibit A. The
Project objectives and timelines are provided for with particularity in Exhibit A.
2.2 It shall be the City’s responsibility to design and build the Project in compliance with applicable
requirements of federal, state and local laws, rules and regulations, including, but not limited to,
the Americans with Disabilities Act (“ADA”). The City shall also be responsible for obtaining any
necessary permits; review and approval by federal, state or local regulatory agencies, if
applicable; and for conducting any required environmental review. The City shall also be
responsible for the administration and funding of any contracts it enters into for the
performance of its responsibilities under this Agreement.
2.3 Upon completion, all Project improvements shall become the property of the City. The City shall
be responsible for ongoing maintenance, repair and replacement of any Project improvements.
2.4 The City will provide the County with regular progress reports, at least quarterly, to identify
work progress and other matters of significance in the performance of this Agreement.
2.5 The City shall submit design plans for the Project improvements to the County for its review and
written approval prior to initiating construction. The County will have the opportunity to review
and provide written comments on the plans to ensure consistency with any applicable
requirements and the County’s expectations for the Project. Should the City desire to change
the final Project design after the County’s initial review and approval of the initial design plans,
whether based on additional engineering or traffic analysis, input from stakeholders, or other
factors, the County’s Contract Manager, as provided for in Section 18 of this Agreement, shall be
Page 31 of 43
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2020 SAFE ROUTES TO TRANSIT PROGRAM CAPITAL IMPROVEMENTS AGREEMENT
Between King County and the City of Auburn
Page 3 of 10
notified of such proposed changes. Any such changes that are deemed significant by the
County shall require joint written approval consistent with Section 15 of this Agreement.
2.6 The City shall contribute funding for the design of the Project.
3. DUTIES AND RESPONSIBILITIES OF THE COUNTY
3.1 The County will reimburse the City for a portion of the actual, eligible costs incurred by the City
for the transit access capital improvements as provided for in the SOW set forth at Exhibit A.
Under no circumstances will the County’s contribution to the City’s eligible Project costs exceed
a maximum amount of $175,000.00 (the “Reimbursement Cap”).
3.2 The County’s obligation to make such reimbursements is contingent upon the City completing
design of the project, as stated in Subsection 2.6.
4. INVOICE AND PAYMENT PROCEDURES
4.1 The County will reimburse the City for actual, eligible costs incurred for work performed
pursuant to this Agreement as identified in the SOW, provided that costs incurred after
December 31, 2020 shall not be reimbursed unless this Agreement is extended pursuant to
Section 15. The City shall submit a completed invoice to the County detailing quarterly activities,
outcomes, expenses and reimbursement amount due within thirty (30) days of each quarter's
end. The County shall pay the City within thirty (30) calendar days after the County has received
completed invoices. In no event shall the total reimbursement to City for work performed
pursuant to this Agreement exceed the Reimbursement Cap provided for in Subsection 3.1 of
this Agreement.
4.2 In the event that it is determined that an overpayment has been made to the City by the County,
the County will bill the City for the amount of overpayment. The City shall pay the County
within thirty (30) days of receipt of an invoice for overpayment.
5. EFFECTIVE DATE AND DURATION OF AGREEMENT
This Agreement shall take effect upon the latest date on which both Parties have signed the Agreement
(the “Effective Date”) and shall remain in effect until March 31, 2021, unless extended by written
amendment of the Parties pursuant to Section 15 of this Agreement or earlier terminated pursuant to
the provisions of Section 7 of this Agreement.
6. DISPUTE RESOLUTION PROCESS
6.1 Designated Dispute Resolution Representatives. The following individuals are the designated
representatives for the purpose of resolving disputes that arise under this Agreement:
For the County: Carol Cooper, Managing Director
King County Metro Transit Market Innovation Section
201 South Jackson Street, MS KSC-TR-0411
Seattle, WA 98104
Page 32 of 43
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2020 SAFE ROUTES TO TRANSIT PROGRAM CAPITAL IMPROVEMENTS AGREEMENT
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Page 4 of 10
(206) 477-5871
carol.cooper@kingcounty.gov
For the City: Jacob Sweeting, City Engineer
City of Auburn
25 West Main Street
Auburn, WA 98001
(253) 804-3118
jsweeting@auburnwa.gov
6.2 The County representative and the City representative shall confer to resolve disputes that arise
under this Agreement as requested by either Party. The designated representatives shall use
their best efforts and exercise good faith to resolve such disputes.
6.3 In the event the designated representatives are unable to resolve the dispute, the City’s Mayor
or her/his designee and the General Manager of the County's Metro Transit Department or
her/his designee shall confer and exercise good faith to resolve the dispute.
6.4 In the event the Mayor and the General Manager of Metro Transit are unable to resolve the
dispute, the Parties may, if mutually agreed in writing, submit the matter to non-binding
mediation. The Parties shall then seek to mutually agree upon the mediation process, who shall
serve as the mediator, and the time frame the Parties are willing to discuss the disputed issue(s).
6.5 If the Parties cannot mutually agree as to the appropriateness of mediation, the mediation
process, who shall serve as mediator, or the mediation is not successful, then either Party may
institute a legal action in the King County Superior Court, situated in Seattle, Washington, unless
another venue is mutually agreed to in writing.
6.6 The Parties agree that they shall have no right to seek relief in a court of law until and unless
each of the above procedural steps has been exhausted.
7. TERMINATION
7.1 Termination for Convenience. The County may terminate this Agreement for its convenience
and without cause upon thirty (30) days written notice to the City. In the event of termination
of this Agreement by the County pursuant to this Subsection 7.1, the County shall be liable only
for costs incurred in accordance with the terms of this Agreement prior to the effective date of
termination.
7.2 Termination for Cause. Either Party may terminate this Agreement in the event that the other
Party materially breaches this Agreement and such breach is not cured in the time provided in
this Subsection 7.2. Written notice of intended termination and a description of the breach
must be provided via certified mail by the Party terminating this Agreement to the other Party
not less than thirty (30) calendar days prior to the intended effective date of termination. The
breaching Party shall be given thirty (30) calendar days in which to cure its material breach to
Page 33 of 43
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2020 SAFE ROUTES TO TRANSIT PROGRAM CAPITAL IMPROVEMENTS AGREEMENT
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Page 5 of 10
the reasonable satisfaction of the other Party. If the breaching Party fails to cure within thirty
(30) calendar days, the Agreement shall terminate on the date specified in the notice.
7.3 Termination for Non-Appropriation or Loss of Funding. In addition to termination for default,
the County may terminate this Agreement for non-appropriation or loss of funding by giving not
less than thirty (30) calendar days' written notice thereof to the City.
8. LEGAL RELATIONS
8.1 No Third Party Beneficiaries. It is understood that this Agreement is solely for the benefit of the
Parties hereto and gives no right to any other person or entity.
8.2 No Partnership or Joint Venture. No joint venture, agent-principal relationship or partnership is
formed as a result of this Agreement.
8.3 Independent Capacity. The employees or agents of each Party who are engaged in the
performance of this Agreement shall continue to be employees or agents of that Party and shall
not be considered for any purpose to be employees or agents of the other Party.
8.4 Applicable Law. This Agreement shall be governed by and construed in accordance with the
laws of the State of Washington.
8.5 Jurisdiction and Venue. The King County Superior Court, situated in Seattle, Washington, shall
have exclusive jurisdiction and venue over any legal action arising under this Agreement.
8.6 Mutual Negotiation and Construction. This Agreement and each of the terms and provisions
hereof shall be deemed to have been explicitly negotiated between, and mutually drafted by,
both Parties, and the language in all parts of this Agreement shall, in all cases, be construed
according to its fair meaning and not strictly for or against either Party.
8.7 Survival. Each of the provisions of this Section 8 (Legal Relations) shall survive the expiration or
earlier termination of this Agreement.
9. RECORDS RETENTION AND AUDIT
9.1 Maintenance of Records. During the term of the Agreement and for a period not less than six
(6) years from the date of its expiration or earlier termination, the records and accounts
pertaining to this Agreement are to be kept available by both Parties for inspection and audit by
the other Party and the State Auditor, and copies of all records, accounts, documents, or other
data pertaining to the Agreement will be furnished upon reasonable notice. If any litigation,
claim, or audit is commenced, the records and accounts along with supporting documentation
shall be retained until all litigation, claim, or audit finding has been resolved even though such
litigation, claim, or audit continues past the six-year retention period.
9.2 Disclosure of Public Records. Both Parties acknowledge and agree that all non-privileged, non-
exempt records that may be maintained pursuant to Subsection 9.1 of this Agreement are
subject to public disclosure under the Washington State Public Records Act, Chapter 42.56 RCW.
Page 34 of 43
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2020 SAFE ROUTES TO TRANSIT PROGRAM CAPITAL IMPROVEMENTS AGREEMENT
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Page 6 of 10
10. FORCE MAJEURE
Either Party to this Agreement shall be excused from performance of its responsibilities and obligations
under this Agreement, and shall not be liable for damages due to failure to perform, during the time and
to the extent that it is prevented from performing by a cause directly or indirectly beyond its control,
including, but not limited to: late delivery or nonperformance by vendors of materials or supplies; any
incidence of fire, flood, snow, earthquake, or acts of nature; strikes or labor actions; accidents, riots,
insurrection, terrorism, or acts of war; order of any court or civil authority; commandeering material,
products, or facilities by the federal, state or local government; or national fuel shortage; when
satisfactory evidence of such cause is presented to the other Party to this Agreement, and provided that
such non-performance is beyond the control and is not due to the fault or negligence of the Party not
performing.
11. NONDISCRIMINATION
The City agrees to comply with all applicable federal, state, and local laws, rules, and regulations
pertaining to nondiscrimination and agrees to require the same of any and all subcontractors providing
services or performing any work using funds provided under this Agreement. During the performance of
this Agreement, neither the City nor any entity subcontracting under the authority of this Agreement,
shall discriminate or tolerate harassment on the basis of sex, race, color, marital status, national origin,
religious affiliation, disability, sexual orientation, gender identity or expression or age except by
minimum age and retirement provisions, unless based upon a bona fide occupational qualification, in
the administration or delivery of services or any other benefits under this Agreement. King County Code
Chapter 12.16 and 12.17 are incorporated herein by reference, and such requirements shall apply to this
Agreement.
12. INDEMNIFICATION
The City and its successors and assigns shall protect, save, defend, indemnify and hold harmless the
County, its elected officials, officers, employees, and agents while acting within the scope of their
employment as such, from any and all costs, claims, actions, judgments, and/or awards of damages or
expenses of any nature whatsoever, arising out of or in any way resulting from the City’s acts or
omissions under this Agreement. The City agrees that it is fully responsible for the acts and omissions of
its contractors, subcontractors, consultants, and their employees and agents, acting within the scope of
their employment as such, as it is for the acts and omissions of its own employees and agents. The City
agrees that its obligations under this provision extend to any claim, demand, and/or cause of action
brought by or on behalf of any of its employees or agents. The foregoing indemnity is specifically and
expressly intended to constitute a waiver of the City’s immunity under Washington's Industrial
Insurance Act, RCW Title 51, as respects the County only, and only to the extent necessary to provide
the County, its elected officials, officers, employees, and agents with a full and complete indemnity of
claims made by the City’s employees. The Parties acknowledge that these provisions were specifically
negotiated and agreed upon by them. The provisions of this Section 12 shall survive the expiration or
earlier termination of this Agreement.
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13. WAIVER
A failure by either Party to exercise its rights under this Agreement shall not preclude that Party from
subsequent exercise of such rights and shall not constitute a waiver of any other rights under this
Agreement unless stated to be such in a writing signed by an authorized representative of the Party and
attached to the original Agreement.
14. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be
held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given
effect without the invalid provision, if such remainder conforms to the requirements of applicable law
and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are
declared to be severable.
15. CHANGES AND MODIFICATIONS
This Agreement may be changed, modified, or amended only by written agreement executed by
authorized representatives of both Parties.
16. REPRESENTATION ON AUTHORITY OF SIGNATORIES
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement.
17. ALL TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the Parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to
exist or to bind any of the Parties hereto.
18. CONTRACT MANAGEMENT
All contact information for the management of this Agreement shall be identified herein and may be
updated by either Party for their agency only and shall be submitted in writing or electronic mail to the
other Party. Any update to the Contract Managers shall state the effective date of said update.
Contract Manager for City of Auburn King County
Contact Name Jeff Bender Malva Slachowitz
Title Project Engineer Senior Transportation Planner
Address 25 West Main Street
Auburn, WA 98001
201 South Jackson Street, KSC-TR-
0411, Seattle, WA 98104
Telephone 253-204-0842 206-477-5873
Email jbender@auburnwa.gov malva.slachowitz@kingcounty.gov
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19. ASSIGNMENT
Neither this Agreement, nor any interest herein, may be assigned by either Party without the prior
written consent of the other Party.
20. EXECUTION OF AGREEMENT – COUNTERPARTS
This Agreement may be executed in two (2) counterparts, either of which shall be regarded for all
purposes as an original.
IN WITNESS THEREOF the Parties hereto have executed this Agreement by duly authorized
representatives on the dates shown below their respective signatures.
KING COUNTY
By: ________________________________
Rob Gannon, General Manager
King County Metro Transit Department
Date: ___________________________
CITY OF AUBURN
By: ________________________________
Nancy Backus, Mayor
City of Auburn
Date: ___________________________
Attest:
____________________________________
Shawn Campbell, City Clerk
Approved as to form:
____________________________________
Kendra Comeau, City Attorney
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2020 SAFE ROUTES TO TRANSIT PROGRAM CAPITAL IMPROVEMENTS AGREEMENT
Between King County and the City of Auburn
Page 9 of 10
EXHIBIT A
SCOPE OF WORK
SAFE ROUTES TO TRANSIT PROGRAM CAPITAL IMPROVEMENT AGREEMENT
1. Purpose
a. To design and construct pedestrian safety and access improvements at locations
described in Section 3 for access to public transit services.
2. Scope of Services
a. Project Management: The City will manage the project using professionals with capital
project experience. Budget and schedule will be monitored regularly throughout design and
construction. The City will provide the County with progress reports at least quarterly, per
Subsection 2.4 of this Agreement.
b. Design: The City will be responsible for completing design and developing the bid
documents. The project will be permitted as a capital project with the City as the lead
agency for SEPA. The City has determined that this project is categorically exempt from SEPA
per Washington Administrative Code (WAC) 197-11-800(2)d vi, vii, and ix.
c. The City shall submit design plans for the Project improvements to the County for its review
and written approval prior to initiating construction, per Subsection 2.5 of this Agreement.
The County will provide any review comments within 7 calendar days.
d. Construction: The City will bid the project and monitor construction through completion.
e. Inspection: Existing City staff or a consultant project manager will provide construction
inspection services, with third party support for specific specialties if needed.
f. Monitoring and Reporting: The City will submit quarterly progress reports during design and
construction. The City and Metro will share relevant available data to monitor usage of the
projects after completion and annually for four years following completion.
3. Projects to be completed
Location (intersection or
corridor with extents)
Improvements Phase(s) to be expensed
under this agreement in
2020
SE 316th St & 124th Ave SE
Ramps, sidewalk with ADA
pad at NB bus stop, roadway
channelization, and RRFB
Construction
D St SE & 37th St SE Ramps, sidewalk, and RRFB Construction
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_______________________________________________________________
2020 SAFE ROUTES TO TRANSIT PROGRAM CAPITAL IMPROVEMENTS AGREEMENT
Between King County and the City of Auburn
Page 10 of 10
4. Schedule
Project milestones below represent work to be completed under this Agreement. Costs incurred
after December 31, 2020 shall not be eligible for reimbursement under this Agreement unless
extended pursuant to Section 15.
The project milestones are estimated as follows:
Milestone Month/Year
Begin construction SE 316th St & 124th Ave SE 8/2020
Begin construction D St SE & 37th St SE 8/2020
Complete construction SE 316th St & 124th
Ave SE
12/2020
Complete construction D St SE & 37th St SE 12/2020
Estimated opening for public use 1/2021
5. Budget
Phase King County Funds City-secured Funds Project Total
Design
$0 $13,000 $13,000
Construction
$162,000 $0 $162,000
Est Total $162,000 $13,000 $175,000
Contingency Up to $13,000 n/a Up to $13,000
Total $175,000 (cap from
King County)
n/a Up to $188,000
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5536 (O'Neil)
Date:
June 29, 2020
Department:
Police
Attachments:
Res olution No. 5536
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5536.
Background Summary:
Washington State Governor J ay I nslee’s Proclamation Number 20-60, referencing and
incorporating in the P roclamation the S ecretary of Health’s Order Number 20-03, dated J une
24, 2020, which Order mandated that “every person in Washington S tate must wear a face-
covering that covers their nose and mouth when in any indoor or outdoor public setting”.
Members of the public are required by law to comply with this Order. T he Auburn P olice
Department will approach potential violations with education and advice regarding the face-
covering requirements and encourage compliance.
Rev iewed by Council Committees:
Councilmember:Staff:O'Neil
Meeting Date:July 6, 2020 Item Number:RES.B
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Resolution No. 5536
June 26, 2020
Page 1
RESOLUTION NO. 5536
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, REGARDING ENFORCEMENT BY
AUBURN POLICE OFFICERS OF THE FACE-COVERING
REQUIREMENTS OF THE GOVERNOR’S PROCLAMATION
NUMBER 20-60 AND THE SECRETARY OF HEALTH’S ORDER
NUMBER 20-03
WHEREAS, like many areas of the state of Washington and across the
country, the City of Auburn, Washington, (hereinafter the “City”), has had to face,
and is still facing, a health emergency due to COVID-19, a respiratory disease
that can result in serious illness or death, and is caused by the SARS-CoV-2
virus, which is a new strain of coronavirus not previously having been identified
in humans and which can be easily spread from person to person; and
WHEREAS, on January 21, 2020, the Washington State Department of
Health (DOH) confirmed localized person-to-person spread of COVID-19 in
Washington State, significantly increasing the risk of exposure and infection to
the general public in Washington State and creating an extreme public health risk
that may spread quickly; and
WHEREAS, on January 31, 2020, the United States Department of Health
and Human Services Secretary Alex Azar declared a public health emergency for
COVID-19, beginning on January 27, 2020; and
WHEREAS, on February 29, 2020, Washington State Governor Jay Inslee
issued a proclamation declaring a State of Emergency in all counties of the state
of Washington in response to new cases of COVID-19; and
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Resolution No. 5536
June 26, 2020
Page 2
WHEREAS, on June 24, 2020, Governor Inslee issued his Proclamation
Number 20-60, referencing and incorporating in the Proclamation the Secretary
of Health’s Order Number 20-03, dated June 24, 2020, which Order mandated
that “[e]very person in Washington State must wear a face-covering that covers
their nose and mouth when in any indoor or outdoor public setting,” except as
provided in said Order; and,
WHEREAS, the Secretary of Health’s Order Number 20-03 also provided
that “[m]embers of the public are required by law to comply with this Order, and
violators may be subject to criminal penalties pursuant to RCW 43.70.130(7),
RCW 70.05.120(4), and WAC 246-100-070(3)”; and,
WHEREAS, with the finite resources of the Auburn Police Department, it
is appropriate for the City of Auburn to address how enforcement of the face-
covering requirements of the Secretary of Health’s Order Number 20-03 should
be handled by the Police Department if Auburn Police officers are confronted with
potential violations of the Order.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. Advice and Encouragement. It is the policy of the City of
Auburn that law enforcement officers of the Auburn Police Department who may
encounter potential violations of the face-covering requirements of the Secretary
of Health’s Order Number 20-03 should approach such potential violations with
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Resolution No. 5536
June 26, 2020
Page 3
advice to potential violators about the face-covering requirements, and with
encouragement for compliance therewith. Actions by the law enforcement officers
shall not go beyond such advice and encouragement, unless there are other
exigent circumstances posing immediate risk of harm to persons or property or
there are other factors indicating a need for police intervention.
Section 2. Administrative Procedures. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 3. Effective Date. This Resolution shall take effect and be in
full force upon passage and signatures hereon.
Dated and Signed this _____ day of _________, 2020.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
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