HomeMy WebLinkAbout5571 (2) RESOLUTION NO. 5571
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO THE AUBURN
FOOD BANK'S OPERATION OF THE DAYTIME
RESOURCE CENTER AND AUTHORIZING THE MAYOR
TO NEGOTIATE, ADMINISTER, AND EXECUTE AN
AGREEMENT WITH THE AUBURN FOOD BANK
WHEREAS, the City of Auburn, along with all of western Washington, is
experiencing unprecedented numbers of individuals experiencing homelessness or are
at high-risk for experiencing homelessness; and
WHEREAS, the Auburn Food Bank is a volunteer directed organization that
provides food, referrals, resources, support, and assistance to unsheltered individuals
within the City of Auburn and the surrounding community; and
WHEREAS, the Auburn Food Bank has provided and wishes to continue to provide
daytime services to unsheltered individuals on the Valley Cities-owned properties within
the City of Auburn (collectively "Valley Cities Property") through the use of a temporary
modular building until the Auburn Food Bank is able to move to the Auburn Consolidated
Resource Center; and
WHEREAS, the City has leased and located a temporary modular building on the
undeveloped Valley Cities Property for the purpose of a daytime resource center operated
by the Auburn Food Bank until the Auburn Food Bank is able to move to the Auburn
Consolidated Resource Center; and
WHEREAS, the City of Auburn has provided funds to the Auburn Food Bank for
the operation of the daytime resource center for the duration of 2020; and
Resolution No. 5571
December 1, 2020
Page 1 of 2 Rev.2019
WHEREAS, the City has determined that this Agreement provides the necessary
support of the poor and infirm in the community; and
WHEREAS, the public and the City benefit from the services provided by the
Auburn Food Bank.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to negotiate, administer, and execute an
Agreement between the City of Auburn and the Auburn Food Bank, which shall be in
substantial conformity with the attached "Agreement".
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed: December 7, 2020
CITY OF AUBURN
•
ANCY B AKUS, MAYO"
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
Resolution No. 5571
December 1, 2020
Page 2 of 2 Rev.2019
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AGREEMENT
Between
The City of Auburn
and
The Auburn Food Bank
For Operation of the Daytime Resource Center
12/18/2020
This Agreement("Agreement") is entered into on this day of ,2020, by
and between the City of Auburn,a municipal corporation organized under Title 35A of the Revised
Code of Washington (the "City"), and the Auburn Food Bank, a Washington public benefit
corporation (the "Provider"and collectively "the Parties").
RECITALS:
|. The City of Auburn, along with all of western Washington, is experiencing
unprecedented numbers of individuals experiencing homelessness or are at high-risk for
experiencing homelessness; and
2. The Auburn Food Bank is a volunteer directed organization that provides food,
referrals,-resources, support, and assistance to unsheltered individuals within the City of Auburn
and the surrounding community; and
3. The Auburn Food Bank has provided and wishes to continue to provide daytime
services to unsheltered individuals on the Valley Cities-owned properties within the City of
Auburn (collectively "Valley Cities Property") through the use of a temporary modular building
until the Auburn Food Bank is able to move to the Auburn Consolidated Resource Center; and
4. The City will lease and locate a temporary modular building on the undeveloped
Valley Cities Property for the purpose of a daytime resource center operated by the Auburn Food
Bank until the Auburn Food Bank is able to move to the Auburn Consolidated Resource Center;
and
5. The City of Auburn will provide funds to the Auburn Food Bank for the operation
of the daytime resource center; and
6. The Parties expressly intend all provisions of the Agreement to apply in full force
and effect for the duration of January |. 202Uthrough December 3|' 202A; and
7. The City has determined that this Agreement provides the necessary support of the
poor and infirm in the community.
AGREEMENT:
In consideration of the mutual promises set out in this Agreement, the Auburn Food Bank
and the City agree as follows:
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1. Term of Agreement.
The Parties expressly intend for the term of this Agreement to be January t, 2020 through
December 31, 2020, the date of signatures on this Agreement notwithstanding. The Auburn
Food Bank agrees to remove all personal property promptly from the temporary modular
building leased by the City by December 23, 2020.
2. Scope of Services.
The Provider agrees to perform in a good and professional manner the tasks described in
Exhibit"A." The Provider will perform the services as an independent contractor and will
not be deemed, by virtue of this Agreement and the performance of, to have entered into any
partnership,joint venture, or other relationship with the City.
3. Provider Representations.
The Auburn Food Bank represents and warrants that it has all necessary licenses and
certifications to perform the services provided for in this Agreement, and is qualified to
perform those services. The Auburn Food Bank is prohibited from making any program
services, resources, assistance, or sheltering conditional on clients participating in any sort of
religious activity. No funding provided through the City may be used to support or engage in
any explicitly religious activities, including activities that involve overt religious content such
as worship, religious instruction, or proselytization. The Auburn Food Bank agrees to
- cooperate and coordinate with the City, its employees, contractors, and agents for the purpose
of maintaining and repairing the temporary modular building while that building is in use. The
Auburn Food 'Bank agrees to cooperate and coordinate with the City, its employees,
contractors, and agents under the Auburn Consolidated Resource Center lease upon the lease
effective date.
4. City Obligations.
The City agrees to lease, permit, and install a temporary modular building and utilities to
provide a space for the operation of a daytime service facility by the Auburn Food Bank on the
Valley Cities' property within the City of Auburn during the term frame in Section 1, above.
The City agree to lease the Auburn Consolidated Resource Center and to offer a lease to the
Auburn Food Bank for the duration of this Agreement, provided that the Auburn Food Bank
complies with all required lease conditions.
5. Compensation.
As compensation for the Provider's performance of the services provided for in this
Agreement, the City has paid the Provider the fees and costs specified in Exhibit "B". This
compensation has been and shall be used for work performed or services rendered and for all
labor, materials, supplies, equipment, overhead, profit, and incidentals necessary to complete
the work. Copies of original supporting documents shall be supplied to the City upon request.
Compensation to be paid the Provider in succeeding years after the current year will be
contingent upon availability of funds.
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6. Parties Obligations to Keep Building in Good Repair Consistent with Lease and Valid
Temporary Use Permit.
in addition to the Parties' obligations as otherwise described in this Agreement and the Scope
of Services, Exhibit A, the Parties agree to not use or store any hazardous, toxic, radioactive
or bio-hazardous substances or petroleum products in the temporary modular building. The
Parties agree that the temporary modular building will not be occupied by any person other
than the Parties, their agents, employees, and invites or used for residential or dormitory
purposes. The Parties will follow all applicable conditions in the Temporary Use Permit,
Exhibit C.
7. Insurance.
The Provider shall procure and maintain for the duration of the Agreement, January 1, 2020
through December 31, 2020, 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 Provider, its agents, representatives, or employees.
A. No Limitation
The Provider's maintenance of insurance as required by the Agreement shall not be
.construed to limit the liability of the Provider to the coverage provided by such insurance, or
otherwise limit the City's recourse to any remedy available at law or in equity.
B. Minimum Scope of Insurance
The Provider shall obtain insurance of the types and coverage described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA
00 01.
2. Commercial General Liability insurance shall be at least as broad as ISO occurrence form
CG 00 01 and shall cover liability arising from premises, operations, stop-gap
independent contractors and personal injury and advertising injury. The City shall be
named as an additional insured under the Provider's Commercial General Liability
insurance policy with respect to the work performed for the City using an additional
insured endorsement at least as broad as ISO endorsement form CG 20 26.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
4. Professional Liability insurance appropriate to the Provider's profession.
C. Minimum Amounts of Insurance
The Provider shall maintain the following insurance limits:
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I. Automobile Liability insurance with a minimum combined single limit for bodily injury
and property damage of$1,000.000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than
$2,000,000 each occurrence, $2,000,000 general aggregate.
3. Professional Liability insurance shall be written with limits no less than $2,000,000 per
claim and $2,000,000 policy aggregate limit.
D. Other Insurance Provision
The Provider's Automobile Liability and Commercial General Liability insurance policies
•
are to contain, or be endorsed to contain that they shall be primary insurance as respect the
City. Any insurance, self-insurance, or self-insured pool coverage maintained by the City
shall be excess of the Provider's insurance and shall not contribute with it.
E. Acceptability of Insurers
hlsurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
F. Verification of Coverage
The Provider shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Agreement before commencement of the work.
G. Notice of Cancellation
The Provider shall provide the City with written notice of any policy cancellation within two
business days of their receipt of such notice.
H. Failure to Maintain Insurance
Failure on the part of the Provider to maintain the insurance as required shall constitute a
material breach of contract, upon which the City may, after giving five business days' notice
to the Provider to correct the breach, immediately terminate the Agreement or, at its
discretion, procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand, or at the sole
discretion of the City, offset against funds due the Provider from the City.
L City Full Availability of Provider Limits
If the Provider maintains higher insurance limits than the minimums shown above, the City
shall be insured for the full available limits of Commercial General and Excess or Umbrella
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liability maintained by the Provider, irrespective of whether such limits maintained by the
Provider arc greater than those required by this Agreement or whether any certificate of
insurance furnished to the City evidences limits of liability lower than those maintained by
the Provider.
8. Indemnification
Provider shall defend, indemnify and hold the City, its officers, officials, employees and
volunteers harmless from any and all claims, injuries, damages, losses or suits including
attorney fees, arising out of or resulting from the acts, errors or omissions of the Provider in
performance of this Agreement, except for injuries and damages caused by the sole
negligence of the City.
However, 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
Provider and the City, its officers, officials, employees, and volunteers, the Provider's
liability, including the duty and cost to defend, hereunder shall be only to the extent of the
Provider's negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Provider'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 Parties intend for the provisions of
this section to apply beginning January 1, 2020, and shall survive the expiration or
termination of this Agreement.
9. No Leasehold .Interest in Temporary Modular Building.
This Agreement does not convey to the Auburn Food Bank a leasehold interest in the
temporary modular building.
10. Dispute Resolution.
In the event that any dispute or conflict arises between the parties while this Agreement is in
effect, the Parties agree that, notwithstanding such dispute or conflict, the Parties will
continue to make a good faith effort to continue to cooperate and continue to work toward
successful completion of the services outlined in Exhibit A.
In the event that any party believes another party has breached a term of this Agreement, it
may request in writing that the Parties meet and confer in good faith for the purpose of
attempting to reach a mutually satisfactory resolution of the problem within fifteen (15) days
of the date of service of the request.
11. Agreement Interpretation.
All captions, headings or titles in the paragraphs or sections of this Agreement are inserted
for convenience of reference only and are not part of this Agreement. The singular will
include the plural and vice versa and masculine, feminine and neuter expressions are
interchangeable. Interpretation or construction of this Agreement will not be affected by any
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determination as to who is the drafter of this Agreement, this Agreement having been drafted
by mutual agreement of the Parties.
12. Non-Availability of Funds.
Every obligation of the City under this Agreement is conditioned upon the availability of
funds appropriated or allocated for the performance of such obligation; and if funds are not
allocated and available for the continuance of'this Agreement, then this Agreement may be
terminated by the City at the end of the period for which funds arc available.
The City makes no commitment to support the services contracted for and assumes no
obligation for future support of the activity or services contracted herein expect as expressly
set forth in this Agreement.
13. Termination for Cause.
if the City concludes that the Auburn Food Bank has failed to comply with the terms and
conditions of this Agreement, or has failed to use the City funds only for those activities
identified in Exhibit A, or has otherwise materially breached one or more of the covenants in
• this Agreement, the City may at any time, at its discretion, provide written notice to the
Auburn Food Bank and terminate the Agreement. The Notice of Termination for Cause will
be in writing with the reason(s) for the termination, and will specify the effective date of the
termination.The Auburn Food Bank will be allowed at least Five (5) calendar days to cure
the reasons for termination. If the breach is not cured within five (5) days, the City may
recover all prior payments to the Auburn Food Bank from the City made within 60 days of
the Effective Date.
If the Temporary Use Permit is not renewed or is revoked for any reason, this Agreement
automatically terminates and the parties waive all claims, demands, suits, proceedings, losses.
costs, or damages of every kind and description, including attorneys' fees and litigations
expenses which may be made against or incurred by the City, caused by, arising out of, or
contributed to, in whole or in part, by reason of the Agreement termination.
The City may, in its sole discretion, by written notice to the Auburn Food Bank, immediately
terminate this Agreement, if it is found after due notice and examination by the City that
there is a violation of the Ethics in Public Service Act, Chapters 42.23 and 42.52 RCW.
14. Termination for Convenience.
The City reserves the right to terminate this Agreement for the convenience of the City by
delivery of a Notice of Termination with the effective date. The City may withhold all
further payments to the Auburn Food Bank after the date of Notice of Termination.
15. Prohibited Discriminatory Actions.
The Auburn Food Bank may not, under any program or activity to which this Agreement
applies, directly or through contractual or other arrangements, discriminate on the grounds of
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age, color, creed, familial status, nationality, religion, race, sexual orientation, or the presence
of any physical, mental, or sensory disability.
The Auburn Food Bank will comply with all applicable federal, state and local non-
discrimination laws and/or policiesincluding. but not limited to, the Americans with
Disabilities Act; Civil RightAct; and the Age Discrimination Act
1nUhecvcninfdhuAubunnFond0ank'snoncnnnp|iunccorn:fumu| k` romp|vvvithmnynon-
discrimination law or policy, this Agreement may be crnriodcd, cancelled, or terminated in
whole or in part. and the Auburn Food Bank may be declared ineligible for further
agreements with the City. The Auburn Food Bank is responsible for any and all costs or
liability arising from any failure to so comply with applicable law.
16. Records.
All documents, reports, memoranda, diagrams, sketches. plans, surveys, design calculations,
working drawings, and any other materials created or otherwise prepared by the Auburn
Food Bank as part of performing this Agreement will be owned by and become the property
of the City, May be used by the City for any purpose beneficial to the City, and shall be
subject to the requirements of the Public Records Act, Chapter 42.56 RCW.
17. Personal InformatIon-Notice of Security Breach.
The Auburn Food Bank agrees to notify the City of any breach of the security of any
personal information data immediately following discovery i[|hepersnnu| information was.
or is reasonably believed to have been, acquired by an unauthorized person in accordance
with llCVY42.56.590. In the event ola security breach, the Auburn Food Bank is
responsible for notifying individuals whose personal information may have become available
to unauthorized users.
18. Inspection & Audit.
All compensation payments will be subject to adjustments for any amounts to have been
improperly invoiced, and all records and hooks of accounts pertaining to any work performed
under this Agreement will be subject to inspection and audit by the City for a period of three
(3)years from the final payment for work performed under this Agreement.
If any litigation, claim, dispute, or audit is initiated before the expiration of the three (3) year
period, all records and books of accounts pertaining to any work performed under this
Agreement will be retained until all litigation, claims, disputes, or audits have been finally
resolved.
19. Limitations.
Nothing in this Agreement shall be construed as limiting or expanding the statutory
responsibilities of the parties or as requiring the parties to expend any sum in excess of its
appropriations.
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•
20. Force Majeure.
No party to this Agreement will be held responsible for delay or default caused by terrorism,
pandemics, natural disasters, riots, acts of god and/or war that is beyond the reasonable
control of the parties.
21. Severability.
Each provision of this Agreement is intended to be severable, and if any provision hereof is
illegal or invalid for any reason whatsoever, such illegality or invalidity will not affect the
validity of the remainder of this Agreement.
22. Amendment, Assignment & Waiver Provisions.
No amendment, modification, or waiver of any condition, provision, or term of this
Agreement will be valid unless it is made in writing, signed by the party or parties to be
bound, or the duly authorized representatives thereof, and specifies, with particularity, the
nature and extent of such amendment, modification, or waiver.
The failure of either party at any time to require performance by another party of any
provisions of this Agreement will in no way affect the party's subsequent rights and
obligations under that provision, and waiver by any party of the breach of any provision of
this Agreement will not be taken or held to be a waiver of any succeeding breach or as a
waiver of any provision.
23. Integration & Binding Effect.
This Agreement, together with any subsequent amendments or addendums, constitutes the
entire agreement of the Parties and no other understandings, oral or otherwise, regarding this
Agreement shall exist or bind any of the Parties.
This Agreement is binding on the Parties and their respective successors and assigns,
provided that this Section shall not be deemed to permit any transfer or assignment otherwise
prohibited by this Agreement.
This Agreement is for the exclusive benefit of the parties and it does not create a contractual
relationship with, or exist for the benefit of, any third party, including contractors,
subcontractors, or their sureties.
24. Choice of Law.
This Agreement and the rights of the parties will be governed and interpreted in accordance
with the laws of the State of Washington and venue for any action will be in King County,
Washington; provided, however, that it is agreed and understood that any applicable statute
of limitation will commence no later than the substantial completion by the Provider of the
services.
Subject to the limitations set forth in RCW 4.84.330, each party agrees to bear its own costs
and attorneys' fees generated by any dispute arising out of this Agreement.
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25. Notices, Reports & Correspondence.
All notices or communications permitted or required to be given under this Agreement will
be in writing and will be deemed to have been duly given if delivered in person or deposited
in the United States mail, postage prepaid. by certified mail, return receipt requested, and
addressed, if to a party of this Agreement, to the address for the party set forth above, or if to
a person not a party to this Agreement, to the address designated by a party to this
Agreement.
All notices, reports, and correspondence will be sent to:
City of Auburn The Auburn Food Bank
Auburn City Hall Auburn Food Bank
Atm: Jamie Thomas Attn: Debbie Christian
25 West Main 930 18`h PI SE
Auburn, WA 98001-4998 Auburn, WA 98002
(253) 931-4009 (253) 833-8925
Fax (253) 288-3132 Fax (25 3) 833-1332
26. Signature Authority.
This Agreement may be executed in counterparts. each of which will he one and the same
Agreement and will become effective when one or more counterparts have been signed by
each ofthe parties and delivered to the other party.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
effective the day and year first set forth above.
CITY OF AUBURN AUBURN FOOD BANK
(—DocuSigned by:
✓' s' ' '` ""�'
BY 601700 6DB6443.
Nancy Backt ayor Title executive Di rector
Federal Tax ID # 911215485
1 � „; Date 12/18/2020
Date
APPROVED AS TO FORM:
Kendra Comeau, City Attorney
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SCOPE OF SERVICES
Exhibit A
The Auburn Food Bank has provided and will continue to provide support staff for low-barrier
daytime services for unsheltered residents during the term of the Agreement. The daytime
services will be offered on the Valley Cities property. The Scope of Services includes an
obligation the Auburn Food Bank to provide sufficient staff for the Ray of Hope Day Center for
the purpose of assisting unsheltered residents living in the Auburn/South King County area in
accessing housing and resources in accordance with the terms and conditions of this Agreement.
Services
The Auburn Food Bank agrees to:
• Provide staff support equal to at least one and a half(1.5) full time hours between 7 AM
and 8:30 PM, 7 days a week, for the daytime services to be provided on the Valley Cities
Property, 2536 "I".Street NE in Auburn for unsheltered residents in the Auburn/South
King County area; and
• Provide snacks and lunches as part of the delivery of the daytime services on the Valley
Cities Property, 2536 "1" Street NE in Auburn.
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COMPENSATION
EXHIBIT B
The City agrees to compensate the Auburn Food Bank in the amount of One Hundred
Eighty Five Thousand Dollars ($185,000) for the provision of work as required in the Scope of
Services, Exhibit A, and for the term stated herein. The Parties agree that all amounts due and
owing have been paid and/or prepaid for the provision of services for the term of the Agreement.
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TEMPORARY USE PERMIT
EXHIBIT C
Amended Temporary Use Permit
Valley Cities Temporary Day and Night Services
TMP 17-0006
I. GENERAL INFORMATION:
Application Date: April 4, 2017, Amended Application May 9, 2017
- Issue Date: April 28, 2017, Amended Decision May 12. 2017
Permit Extended: January 22. 2018. July 19. 2018 January 15, 2019. July 1. 2019.
December 23, 2019 & October 15. 2020.
Expiration Date: December 23, 2020
Applicant: Jeff Tate, Assistant Director
City of Auburn Community Development
25 \Vest Main Street
Auburn, WA 98001
Property Owner: Shekh Ali. CFO & Acting CEO
Valley Cities Counseling
325 W. Gowe St.
Kent, WA 98032
Project Description: Request for a Type 2 Temporary Use Permit approval to provide
nighttime shelter, social services, and human services for homeless
and underserved populations. The proposal will involve two
properties. 915 26`}' St NE will include night services provided at
the Phoenix Rising common building. 2536 '1' St NE will have a
new temporary, portable building to provide day services including
temporary restrooms and wash stations. The amended application
rotates the building 90-degrees and includes reduced setbacks.
Proposed Location: 915 26th St. NE and 2536 `1' Street NE
Parcel Number: 000100-0068 and 512540-0340 (King County)
Subject Property and Adjacent Property Comprehensive Plan Designation,Zoning,
and Land Use:
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Coni;iir,pensive Plan Zoning Classification Current"Land Use
'``D.
esignation
_: Phoenix Rising and
High Density
%Pr`ojrecf::S.ite, R-20 Residential Valley Cities
...a..:. Residential
Communal Building
High Density Valley Cities Mental
Residential R-20 Residential
l lealth
•
High Density Valley Cities
"'. Residential R-20 Residential Counseling
y,=yd ,'East , Public P-I Public Cascade Middle School
High Density Commercial and Multi-
;: R-20 Residential
- " Residential Family Buildings
SOPA STATUS:
Exempt pursuant to Auburn City Code (ACC) 16.06.055 and Washington Administrative
Code (WAC) Section 197-11-800.
II. FINDINGS OF FACT:
1. Jeff Tate, Assistant Director of City of Auburn Community Development, representing
the City of Auburn, Valley Cities Counseling, and the Auburn Food Bank,
("Applicants"), applied for a Type 2 'Temporary Use Permit for Valley Cities temporary
day and night services.
2. At 915 26th St. NE, the recently constructed Common Building for the Phoenix Rising
site will operate from 8:30 PM to 7:00 AM, 7 days a week. There will be 1 full time
employee on site during this timeframe, as well as occasional volunteers. Services and
activities provided include— referrals for services. cots and blankets for sleeping, access
to restrooms, limited access to laundry, access to a limited hygiene center, and light
snacks. Valley Cities will manage these services.
3. At 2536 "1" St. NE, a new 28-ft. x 64-ft. temporary portable building will be constructed
to the west of the existing garage, and 4 porta-johns and 3 temporary wash stations will
be placed between the portable building and the garage. An ADA compliant path will be
installed that connects the portable building with the bathrooms and wash stations and
with the driveway. The interior dimensions of the portable calculate to approximately
1,745 square feet of area. Because the building will likely be designated as a Type B
Occupancy,the occupancy limit will be set at 17 people for the interior use of the
building. The daytime services will be operated from this site and will operate from 7:00
AM to 8:30 PM, 7 days a week. There will be 1.5 full-time employees on site during this
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timeframe. Services and activities provided include — referral services (e.g. housing,job
training, counseling, treatment). game tables, reading corner, computers, snacks and
lunches. Limited laundry and showering will be made available at Phoenix Rising. The
daytime services will be managed by the Auburn Food Bank.
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4. The Auburn Food Bank will provide 1.5 full time employees at the daytime facility. As a
result, daytime services will increase parking demand by as many as 2 parking spaces.
Auburn Food Bank employees/volunteers will utilize parking at the Phoenix Rising
facility to the north. Parking supply at Phoenix Rising is greater than demand due to the
City parking standards requiring more spaces than are typically needed. This is a result of
the population that are housed at the Group Residence Facility and that many residents
don't own vehicles. Nighttime parking will be needed for employees/volunteers who will
operate out of the Common Building at night. There will be one additional employee that
will be working during the nighttime hours at the Common Building. Because there is
less demand for parking during nighttime hours, the existing parking supply at Phoenix
Rising provides an ample number of spaces.
5. In addition to the daily services that are provided at 2536 "I" St. NE, there are occasional
mobile services that will come to the Phoenix Rising site. Mobile services will utilize the
existing parking facility adjacent to the Common Building.
6. A Public Notice was sent out to surrounding properties and the property was posted with
a proposed land use notice sign. One comment was submitted by a neighbor in regards to
there not being sufficient parking to serve the existing facilities and the new temporary
uses would only further exacerbate the parking issues.
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7. Chapter 18.46A ACC contains standards and regulations for Temporary Use Permits. The
proposed temporary use is required to comply with these standards and regulations. The
approval criteria for a Temporary Use Permit is contained in ACC 18.46A.080. See the
following Conclusions section.
8. The amended application rotates the building 90-degrees and places it closer to '1' St.
NE. The Applicant has also requested to reduce the setbacks in the front and rear by up to
Oft.
III. CONCLUSIONS:
ACC 18.46A.080 states that the Planning Director or designee may approve, or modify and
approve, application for a Temporary Use Permit if it meets all the criteria of this section.
What follows are the criteria (in italics) and a staff analysis of how the proposal compares to
the criteria:
1. The temporary use will not he materially detrimental to the public health, safe}:or
welfare, nor injurious to property or improvements in the immediate vicinity.
Staff Analysis:
The request for temporary day and night services is a joint venture by the City of Auburn,
who is responsible for obtaining the necessary permits and constructing the facilities on
2536 "I" St. NE; Valley Cities Counseling, who owns the properties and will operate the
night services on 915 16t St. NE; and, the Auburn Food Bank who will operate the day
services at 2536 "1" St. NE. There are several facilities in the immediate area that are
available to the homeless and underserved populations in Auburn. The addition of these
temporary facilities will further help these vulnerable populations by providing additional
services and temporary housing. It is anticipated that these services will be an
enhancement to the surrounding area as well as the City in general.
Staff finds the request meets this criterion.
2. The temporary use is compatible with the purpose ()fulls title, and the specific zoning
district in which it will he located.
Staff Analysis:
Per ACC 18.46A.010(A), the intent of the Temporary Uses Chapter is to:
"...provide an administrative approval process whereby the City may permit uses to
locate within the City on an interim basis without requiring fall compliance with the
development standards for the applicable zoning district..."
Per ACC 18.07.010, the intent of the R-20 Residential zone is to:
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"...provide for multiple family residential development and is further intended cis a
residential zone primarily of multiple family residences, except as.specifically provided
elsewhere in this chapter. A related consideration is to make it possible to more
efficiently and economically design and install all physical public service facilities in
terms of size and capacity to adequately and permanently meet needs resulting from a
defined intensity of land use."
Approval of this Temporary Use Permit would allow for placement of temporary day and
night services and physical improvements consisting of a temporary portable building,
ADA pathways, and portable restroom and wash facilities. This temporary use will
support the existing facilities that serve the underserved populations discussed above.
The amended site plan rotates the building 90-degrees and also requests reduced setbacks
in the front and rear by up to 4 ft. The setbacks required are 10 ft. in the front and 20 ft. in
the rear. The Temporary Use Code provisions (ACC 18.46A(A)) state that ''...the city
may permit uses to locate within the city on an interim basis without requirin,frill
compliance with the development standards for the applicable zoning district...". In
addition. the property to the south (adjacent to rear setback) is also owned by Valley
Cities: as such. Staff finds that allowing a minor reduction in the setbacks would not be
detrimental to the surrounding properties.
Staff finds the request meets this criterion.
3. The temporary use is compatible in intensity and appearance with existing land uses in
the immediate vicinity.
Staff Analysis:
The proposed temporary use is consistent with, and compatible with surrounding
properties. The night services in the existing Common Building will serve the same at-
risk people that currently use the facility as will the new facilities that will be constructed
on the south side of 26`h St. NE. The new temporary portable building will not be out of
character with surrounding buildings in bulk or size.
Staff finds the request meets this criterion.
4. Structures proposed in association with a temporary use permit will comply with the
applicable setback and vision clearance area requirements, and with applicable
provisions of the building and fire codes.
Staff Analysis:
The temporary facilities being constructed will meet all applicable codes.
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As discussed in Criterion 2, above, the amended site plan requests reduced front and rear
setbacks up to 4 ft. The temporary facilities being constructed will meet all other
applicable codes.
Staff finds the request meets this criterion.
5. Adequate parking is available to serve the temporary use and, if applicable, the
temporary use does not occupy required off-street parking areas for'adjacent or nearby
uses.
Staff Analysis:
There is sufficient parking for both the existing uses and these proposed services 1
facilities, as verified by Valley Cities. Any impacts that may arise due to a lack of
available parking will be mitigated as specified in the Conditions of Approval section,
below.
Staff finds the request meets this criterion.
6. Hours of operation of the temporcny use are specified.
Staff Analysis:
Hours of operation for the day services will be 7:00 AM to 8:30 PM, 7 days a week;
hours of operation for the night services will be 8:30 PM to 7:00 AM, 7 days a week.
Staff finds the request meets this criterion.
7. The temporary use can comply with the applicable provisions ofACC 18.46A.090.
Staff Analysis:
The proposed temporary day and night services will meet the applicable provisions of
ACC 18.46A.090, as conditioned below.
Staff finds the request meets this criterion.
8. The impacts associated with the temporal,' use can be mitigated through the application
of conditions cf approval, as applicable.
Staff Analysis:
Potential impacts from the proposed temporary use will be mitigated through the
conditions listed below.
Staff finds the request meets this criterion.
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IV. STAFF DECISION
APPROVED, WITH CONDITIONS
V. CONDITIONS OF APPROVAL
Approval of this Temporary Use Permit is based upon compliance with the project
description as provided in the application submitted April 4, 2017, the information provided
in this Staff Report, and the Conditions of Approval set forth below. Any deviations from the
project description, exhibits, timing or conditions must be reviewed and approved by the City
of Auburn for conformity with this approval. Any change from these may require approval of
changes to the permit and/or environmental review.
1. This permit is non-transferable and is valid for the above named applicant or an agent
of the above named applicant.
2. The proposed temporary use will he allowed for up to 180 days from the issue date
of this approval. Additional time extensions mm'be approved as allowed for in ACC
18.46A.100.
3. Camping is prohibited on both sites as well as the surrounding streets. This includes
but is not limited to tents, sleeping bags, tarps or similar, recreational vehicles or
campers of any kind, and all vehicles.
4. A Code of Conduct shall he prepared and posted in a highly conspicuous place on
both properties. This Code of Conduct must include a requirement that all clients or
visitors to the services must abide by it.
5. Valley Cities, as the property owner, must enter into a No Trespassing Authorization
/ Release with the Auburn Police Dept. This authorization / release allows the
Auburn Police Dept. to enforce trespassing on private property.
6. Occupancy oldie temporary portable building= ("day shelter") shall be limited to 17
occupants. including employees. volunteers, clients, and visitors.
7. Valley Cities and the Auburn Food Bank shall continue to work with the City of
Auburn and the Auburn Police Dept. to make operational adjustments as needed.
8. Quarterly meetings shall be held between the City of Auburn, Auburn Police Dept.,
Valley Cities, and the Auburn Food Bank to discuss ongoing operations and changes
or issues that need to be considered.
9. Define the on-site location of the mobile services. which shall be a consistent
location coordinated with the City of Auburn Planning Dept.
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10. Prior to activating the day or night i cs, including the day shelter, the necessary
inspections mnusthc completed (e.g. final building permit inspection for the day
shelter).
11. Prior to activating the day or night rviCcs, the VRFA conditions must be
completed. These conditions include the following:
a. Provide a fire-access padlock to the gatee125]6 "|" SL NE.
b. IFC fire safety requirements will apply to the structures and fire extinguishers
will be required in all structures.
c. Nighttime service operations at 915 26t1i St NE: The occupancytype of this
building (Common Building) is an A-2. This did not require local smoke
detectors, onlone smoke alarm over the fire panel, and no carbon monoxide
detection or alarm. If this is used as a temporary shelter where people are
sleeping, low frequency smoke detection and carbon monoxide alarms would be
required for early detection and warning to the occupants prior to the fire
sprinkler system activating.
12. Any outdoorlightino that is installed ' ll cut-off style and must prevent |ight
spillage off the The lighting clement must not he viewable from off-site areas
(e.g. the public road or other properties).
13. Any signage to he installed must receive the proper City permits.
14. The hours of'operation shall be limited as follows:
a. serviceso125�b "|`` St. NE: 7:00 AM to 8:30 P��, 7 days a week.
Daytime b. Nighttime services at 915 26mm
Si NE: 8:30 PM to 7:00 AM. 7 days a week.
IS. The services available shall be limited as follows:
a. Daytime services ut2536 '`l^ St. NE: referral services (e.g. housingjob training,
counseling, treatment), game tables, readicorner, computerssnacks and
lunches. Limited laundry and showering will be made available at Phoenix
Rising.
b. Nighttime services at 915 26th St. NE: referrals for services,. cots and blankets h)r
sleeping, access to n:sirounnx. limited access to laundry, access to a limited
hygiene center. and light snacks.
16. All personal belongings, including oh ' carts, bicycles with carts, etc., shall be
screened frompublic view. This screening be achieved by locating the
bc|ongingsinxkeahuikdinunrbvanoutdoorsurconcdurcu; indhccvcntunoutdoor
screened area is od, the location and screening materials must be reviewed of
and approved by the City of Auburn Planning Dept.
17. Adequate refuse recetacles shall be placed on-site and be maintained in accordance
with Chapter 8.08 ACC 'Solid Waste' and Chapter 8.12 ACC 'Public Nuisances'.
|8. PhVcnixRising (9|526o� Street NE)— Employees, tenants, and visitors shall park nn
site in established parking tu||s. Overflow parking durink periods is allowed
on 26th Street NE adjacent to the site and no further east than the property boundary.
Parking shall not spill over into the surrounding residential neighborhood. On street
72 hour parking limitations will be strictly enforced.
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19. Day Center(2536 1 Street NE)— Employees working at the Day Center shall utilize
onsite parking at the Phoenix Rising site (915 26°' St NE). Visitors to the Day
Center may utilize the Phoenix Rising parking lot, paved areas located at 2536 1
Street NE, or on street parking on 26" Street NE. On Street parking shall not extend
east of the Day Shelter property.
20. The front and rear setbacks may he reduced by up to 4 R. (total).
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