HomeMy WebLinkAbout06-20-2011 Agenda Packet
City Council Meeting
June 20, 2011 - 7:30 PM
Auburn City Hall
AGENDA
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I. CALL TO ORDER
A. Flag Salute
B. Roll Call
C. Announcements, Appointments, and Presentations
D. Agenda Modifications
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
No public hearing is scheduled for this evening.
B. Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
C. Correspondence
There is no correspondence for Council review.
III. COUNCIL COMMITTEE REPORTS
A. Municipal Services
1. June 13, 2011 Minutes* (Peloza)
B. Planning & Community Development
1. June 13, 2011 Minutes* (Norman)
C. Public Works
1. June 6, 2011 Minutes* (Wagner)
D. Finance
1. June 6, 2011 Minutes* (Backus)
E. Les Gove Community Campus
F. Downtown Redevelopment
G. Council Operations Committee
IV. REPORTS
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on state, regional and local organizations.
A. From the Council
B. From the Mayor
V. CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A. Minutes of the June 6, 2011 City Council Meeting*
B. Claims Vouchers (Backus/Coleman)
Claims check numbers 404826 through 405245 in the amount of $4,035,745.78
and dated June 20, 2011.
C. Payroll Vouchers (Backus/Coleman)
Payroll check numbers 531511 to 531609 in the amount of $830,101.74 and
electronic deposit transmissions in the amount of $1,159,986.82 for a grand total
of $1,990,088.56 for the pay period covering June 2, 2011 to June 15, 2011.
D. Public Works Project No. CP0756* (Wagner/Dowdy)
City Council award Contract No. 11-02 to Hoffman Construction Inc. on their low
bid $498,886.40 plus Washington State sales tax of $47,394.21 for a total contract
price of $546,280.61 for Project No. CP0756 - Lea Hill Pump Station
Decommissioning Phase 2.
E. Public Works Project No. CP1102* (Wagner/Dowdy)
City Council grant permission to advertise for bids for Project No. CP1102, 2011
Arterial and Collector Street Pavement Preservation.
(ACTION REQUESTED: City Council approve the Consent Agenda.)
VI. UNFINISHED BUSINESS
There is no unfinished business.
VII. NEW BUSINESS
There is no new business.
VIII. ORDINANCES
A. Ordinance No. 6342* (Norman/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, amending
section 3.60.035 of the Auburn City Code regarding construction sales tax
exemption
(ACTION REQUESTED: City Council introduce and adopt Ordinance No.
6342.)
B. Ordinance No. 6361* (Backus/Heid)
An Ordinance of the City of Auburn, Washington, amending Ordinance No. 5250,
adopted June 21, 1999, prohibiting social card games conducted as a commercial
stimulant except for those establishments currently licensed by the Washington
State Gambling Commission and/or lawfully operating in the City as of June 7,
1999; establishing penalties for violations; and providing that the moratorium on
social card games conducted as a commercial stimulant as established under
Ordinances 5249 and 5198 be terminated unless this ordinance is determined to
be invalid or unenforceable for any reason
(ACTION REQUESTED: City Council introduce and adopt Ordinance No.
6361.)
C. Ordinance No. 6364* (Peloza/Lee)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Section 10.36.360 of the Auburn City Code and creating new Sections 10.36.215
and 10.36.216 of the Auburn City Code, relating to parking
ACTION REQUESTED: City Council introduce and adopt Ordinance No.
6364.)
D. Ordinance No. 6365* (Norman/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, amending
chapter 18.04 of the Auburn City Code and creating a new Chapter 18.47 of the
Auburn City Code for the purpose of compliance with RCW 35.63.126 to allow the
development of electric vehicle infrastructure
(ACTION REQUESTED: City Council introduce and adopt Ordinance No.
6365.)
E. Ordinance No. 6366* (Peloza/Lee)
An Ordinance of the City Council of the City of Auburn, Washington, creating a
new section 10.04.015 of the Auburn City Code and a new Chapter 3.90 of the
Auburn City Code, relating to the recoupment of law enforcement costs for
responding to incidents involving intoxicated persons
(ACTION REQUESTED: City Council introduce and adopt Ordinance No.
6366.)
IX. RESOLUTIONS
A. Resolution No. 4713* (Backus/Heineman)
A Resolution of the City Council of the City of Auburn, Washington, approving the
collective bargaining agreement between the City of Auburn and the Auburn Police
Guild for 2011-2012
(ACTION REQUESTED: City Council adopt Resolution No. 4713.)
B. Resolution No. 4716* (Backus/Coleman)
A Resolution of the City Council of the City of Auburn, Washington declaring
certain items of property as surplus and authorizing their disposal
(ACTION REQUESTED: City Council adopt Resolution No. 4716.)
C. Resolution No. 4717* (Wagner/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor to award and execute an agreement with the lowest possible responsible
bidder for construction of Public Works Contract Number 11-13 for Project C207A,
A Street NW Extension (A/B Corridor)
(ACTION REQUESTED: City Council adopt Resolution No. 4717.)
X. ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City
website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available
for review at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
AGENDA BILL APPROVAL FORM
Agenda Subject:
June 13, 2011 Minutes
Date:
June 14, 2011
Department:
Police
Attachments:
Municipal Services Minutes 6/13/11
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
For information only.
Reviewed by Council Committees:
Municipal Services
Councilmember:Peloza Staff:
Meeting Date:June 20, 2011 Item Number:MS.1
AUBURN * MORE THAN YOU IMAGINEDMS.1
Page 1
MUNICIPAL SERVICES COMMITTEE
June 13, 2011
__
MINUTES
I. CALL TO ORDER 3:30 PM, AUBURN CITY HALL, 25 W. MAIN STREET,
CONFERENCE ROOM NO. 3, 2ND FLOOR
Chair Peloza called the meeting to order at 3:30 p.m. in Conference Room 3 on
the second floor of City Hall, 25 West Main Street, Auburn WA. Members
present: Chair Bill Peloza, Vice Chair Sue Singer, Member John Partridge. Staff
present: Pete Lewis, Mayor, Chief of Police Bob Lee, Assistant Chief of Police
Bill Pierson, City Attorney Dan Heid, Human Resources Director Brenda
Heineman, Financial Planning Manager Martin Chaw, Airport Manager Jamelle
Garcia, and Police Secretary Kathy Emmert. Others present: citizens Nick
Perius and Wayne Osborne, Auburn Reporter representative Robert Whale
II. AGENDA MODIFICATIONS
A. Ordinance No. 6055 added as an item for Discussion
III. CONSENT ITEMS
A. Approval of Minutes of the May 23, 2011 Municipal Services
Committee Meeting
Member Partridge moved to accept the Minutes of the May 23, 2011 as
presented. Chair Peloza concurred. Vice Chair Singer had not arrived for
this vote.
MOTION CARRIED: 2-0
IV. ORDINANCES AND RESOLUTIONS (Action Items)
V. INFORMATION / DISCUSSION ITEMS
A. Ordinance No. 6364 *(Lee)
An Ordinance of the City Council of the City of Auburn, Washington,
amending the Auburn City Code and creatin g new sections of the Code
both relating to parking
City Attorney Heid had been in contact with Member Partridge and
brought to the meeting an amended Ordinance clarifying detail. Vice
Chair Singer moved to forward the Ordinance as amended to full Council
for approval. Member Partridge seconded. Chair Peloza concurred.
MOTION CARRIED: 3-0
MS.1
Municipal Services Minutes June 13, 2011
Page 2
B. Ordinance No. 6366* (Lee)
An Ordinance of the City Council of the City of Auburn, Washington,
creating a new Section 10.04.015 of the Auburn City Code and a new
Chapter 3.90 of the Auburn City Code, relating to the recoupment of law
enforcement costs for responding to incidents involving intoxicated
persons
Following a discussion outlining the expenses related to law enforcement
time when police officers respond to incidents involving intoxicated
persons Vice Chair Singer moved to forward Ordinance No. 6366 to the
full Council for action. Member Partridge seconded. Chair Peloza
concurred.
MOTION CARRIED: 3-0
C. Animal Control & Rescue (Heineman)
Director Heineman advised the Committee that she has a draft
Professional Services Lease Agreement in the hands of the Task Force
and they are awaiting their attorney’s review and comments. It is
anticipated the agreement will be finalized shortly. Director Heineman will
provide another update at the July 11, 2011 meeting.
D. Airport Ten Year Plan (Coleman)
Airport Manager Garcia explained the FAA’s (Federal Aviation
Administration) requirement that airports have a twenty year plan on file.
The plan for the Auburn Airport is in the middle of it’s Master Plan for the
period 2001-2020. There are engineering and consulting firms ready to
work with the Airport Advisory Board for continuing the long range
planning for expansion and improvements. Manager Garcia explained
that the development of the Master Plan is extremely intensive as all
potential items for which the airport would like financial assistance must be
documents and included in order to receive both Federal and/or State
funds.
E. Matrix*
Item 20P – review date to show 7/11/11
F. Ordinance No. 6055* (Lee)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Sections 5.20.030, 8.28.010, 15.36A.011 and Chapter 8.24 of
the Auburn City Code relating to fireworks
Councilmembers received emails followi ng the recent vendor displays on
the Muckleshoot Reservation. The Committee discussed options
available to Council and determined the best action is to request that this
topic be placed on the agenda for the next joint meeting with the Tribe
MS.1
Municipal Services Minutes June 13, 2011
Page 3
sometime in July. The Mayor will communicate and advise when the
meeting is scheduled.
G. EXECUTIVE SESSION
The Committee met in Executive Session with City Attorney Heid and the
Mayor from 4:35 p.m. to 4:45 p.m. Following the Executive Session, the
meeting adjourned.
VI. ADJOURN
The meeting adjourned at 4:46 p.m.
Signed this ____ day of June 2011
_________________________________ ________________________________
Bill Peloza, Chair Kathy Emmert, Police Secretary/Scribe
MS.1
AGENDA BILL APPROVAL FORM
Agenda Subject:
June 13, 2011 Minutes
Date:
June 15, 2011
Department:
Planning and Development
Attachments:
June 13, 2011 Planning & Development
Committee Minutes
Budget Impact:
$0
Administrative Recommendation:
Information Only.
Background Summary:
Reviewed by Council Committees:
Councilmember:Norman Staff:
Meeting Date:June 20, 2011 Item Number:PCD.1
AUBURN * MORE THAN YOU IMAGINEDPCD.1
DRAFT
PLANNING & COMMUNITY
DEVELOPMENT COMMITTEE
June 13, 2011
MINUTES
I. CALL TO ORDER
Chair Lynn Norman called the meeting to order at 5:00 p.m. in Annex Conference Room
2 located on the second floor of One Main Building, 1 East Main Street, Auburn, WA.
Committee members present were: Chair Lynn Norman, Vice Chair Nancy Backus and
Member John Partridge.
Staff members present included: Mayor Pete Lewis, Development Review Engineer Kim
Truong, Environmental Protection Manager Chris Andersen, Environmental Planner
Jamie Kelly, Economic Development Manager Doug Lein, Senior Planner Hillary Taylor,
City Attorney Dan Heid, Financial Planning Manager Martin Chaw, Arts, Parks &
Recreation Director Daryl Faber, Planning Manager Elizabeth Chamberlain, Contract
Economic Development Planner William Thomas, and Planning and Community
Development Secretary Tina Kriss.
Audience Members included: Urban Tree Board members Bryce Landrud and Jan
Speer, Parks & Recreation Board member Michael R. Hassen, and Seattle-King County
Association of Realtors representative Sam Pace.
II. ANNOUNCEMENTS AND AGENDA MODIFICATIONS
There were no announcements or agenda modifications
III. CONSENT AGENDA
A. May 23, 2011
Member Backus moved and Member Partridge seconded to approve the Consent
Agenda as presented.
MOTION CARRIED UNANIMOUSLY 3-0
IV. ACTION
A. Ordinance No. 6365 – Electrical Vehicle Infrastructure
Senior Planner Hillary Taylor provided the staff report; during the 2009 session the
Washington State Legislature passed House Bill 1481 (HB 1481), an Act relating to
electric vehicles. The Bill addressed electric vehicle infrastructure including the
structures, machinery, and equipment necessary and integral to support an electric
vehicle, including battery charging stations, rapid charging stations, and battery
exchange stations. The associated RCW 35.63.126 requires that The City of Auburn
must allow electric vehicle infrastructure as a use in all areas except those zoned for
residential or resource use or critical areas by July 1, 2011.
PCD.1
Planning and Community Development Committee Minutes June 13, 2011
Page 2
On May 3, 2011 Planning Commission held a public hearing and recommended City
Council approve ZOA11-0003 as presented by staff with a vote of 7-0 (one member
absent).
Member Backus moved and Member Partridge seconded to move Ordinance No.
6365 to full City Council for approval.
MOTION CARRIED UNANIMOUSLY 3-0
B. Ordinance No. 6342 – Construction Sales Tax
Planning Manager Elizabeth Chamberlain presented the staff report on Ordinance
No. 6342. This exemption opportunity would be for purchasers who have paid a tax
authorized under the provisions of Chapter 3.60 (Sales and Use Tax) of the Auburn
City Code on construction materials, fixed equipment, or machinery installation
directly related to the construction of new commercial buildings, redevelopment of
existing vacant buildings 25,000 square feet or greater, expansion of existing
commercial buildings that create new or expanded building floor area that generates
additional sales tax revenue on property zoned Downto wn Urban Center (DUC), C3
(Heavy Commercial District), and C4 (Mixed Use Commercial) or on sales of or
charges made for labor and services rendered in respect to such construction or
installation of such machinery or equipment. Ordinance No. 6342 would be in effect
for a period of four years. Staff reviewed the proposed changes from when the
Committee last reviewed the draft ordinance. The Committee did not have any
concern over the proposed changes.
Member Backus moved and Member Partridge seconded to move Ordinance No.
6365 to full City Council for approval.
MOTION CARRIED UNANIMOUSLY 3-0
V. DISCUSSION and INFORMATION
A. Parks & Recreation Board Update
Parks, Arts and Recreations Director Daryl Faber reviewed a PowerPoint
presentation highlighting the milestones and upcoming plans for Parks, Arts and
Recreation. Mr. Faber stated the year has been very successful given the state of
the economy, programs have continued to grow. The teen center at Les Gove will
enable the late night activities to grow and expand the teen program.
Auburn Special Olympics was a successful event. The Committee stated staff was
wonderful and caring to participants and visitors; this event is very valuable. Director
Faber stated a new tennis league will be introduced this year; a grant has been
procured to redo the tennis courts at Game Farm Park. The theatre has experience
the highest percentage of growth. The senior center continues to provide many
opportunities for seniors. Special events through Auburn Parks continue to grow.
Mary Olson Farms will have their grand opening on Saturday, June 18, 2011.
The City applied for a playground grant for $20,000.00 for Game Farm Park.
Petpalooza will receive a national top award which Mayor Lewis will accept at the
Annual Conference of Mayor’s next week.
PCD.1
Planning and Community Development Committee Minutes June 13, 2011
Page 3
Several regional cities have come to look at the City of Auburn’s Discovery
Playground. The Kent School district had two busses of kids last week to play on the
playground.
The King County Library has moved to the old Herr Lumber site for the next year and
the United Rental building has been purchased, currently being used as a parking
lot. The Auburn Activity Center Gymnasium will be open in summer, 2011.
Lea Hill Park has a completed master plan as part of the Green River Community
College and City land exchange, it is expected to go to bid in late fall or winter with
construction beginning in spring. Jacobsen Tree Farm’s 31 acre park master plan
continues to progress.
The City will begin a potential pilot project this year for an off leash dog park. The
lights at the Game Farm Park have been replaced saving the City $30,000.00 per
year. Within a day the City sold out the community garden off 8th street;
authorization for Garna Jones Community Garden will be implemented in 2011
adjacent to Auburn School District Administration Building. The Veterans Building
was renamed to William C. Warren Building in 2011.
Parks, Arts and Recreation board member Michael R. Hassen reviewed upcoming
activities by the board; the 6 year Parks and Recreation Plan will be updated. The
board will evaluate options to update Game Farm Park’s play and concession areas.
Success of the off leash area at Roegner Park will be reviewed. The transfer of the
pig farm park property between the State of Washington and King County has been
completed. The board will evaluate funding opportunities for increased programming
of afterschool teen programs for education, fitness and recreation at Les Gove Park.
The board will also evaluate long-range funding options for capital and operation of
City park systems.
Committee asked Director Faber to provide the PowerPoint to Public Affairs Manager
Dana Hinman.
B. Urban Tree Board Update
Parks, Arts and Recreations Director Daryl Faber introduced board member Bryce
Landrud to provide updates from the Urban Tree Board. Mr. Landrud stated the
board is currently developing a program to assist residence in obtaining protection of
significant trees or Historic trees in the City of Auburn. The City will be working with
owners to provide historical tree designation and ownership of the responsibilities.
The board is working with the Planning & Development to designate areas around
the City as reforest areas to improve volunteer and resident care of reforesting. The
board will be sending out a quarterly article to assist City residence with information
for pruning and tree care soon to be published in the Auburn Reporter member
Janice Speers stated. Mr. Landrud stated booths have been set up at large City
events to provide tree care resources.
Mayor Lewis asked the Urban Tree Board to provide recommendations to the Parks
Department for post planting maintenance to treescapes once development is
complete. The Parks Department can then forward the recommendation to the
Planning & Development Department to move forward to Planning & Community
Development Committee.
PCD.1
Planning and Community Development Committee Minutes June 13, 2011
Page 4
Sam Pace of the Association of Realtors invited the Urban Tree Board to insert the
quarterly articles to their web site to assist in educating the public and increase
content for their web site.
C. Resolution No. 4715 – Environmental Park Wetlands Trail Boardwalk
Environmental Protection Manager Chris Andersen and Development Review
Engineer Kim Truong reviewed the Environmental Park W etland Trail project. The
AEP Boardwalk Trail project includes the design and construction of a 1,200-foot
pedestrian trail through the AEP that will run between and connect West Main Street
with the AEP bird and wildlife viewing tower located on Western Avenue. The
majority of the trail will consist of an approximately 1,100-foot elevated wooden
boardwalk that is designed to minimize impacts to AEP wetlands, and will allow for
year-round use of the trail, including the seasonal periods when water levels in the
AEP wetlands are elevated. The boardwalk is designed as a six foot wide, elevated
wooden structure supported on pin pile foundations, with curbing on both sides, and
guard rails in locations where the boardwalk is more than 30 inches above ground
surface and/or where there are areas of seasonal standing water.
Funding for the Boardwalk Trail project is provided by a $571,850 grant received by
the City from the Interagency Committee for Outdoor Recreation (now Resource
Conservation Funding Board, administered by the Washington Recreation and
Conservation Office) in 2007 and City two (2) matching funds. In 2008, the City
requested and was subsequently authorized to reprogram the use of a portion of the
grant funds from wetland mitigation bank creation to design and construction of the
bird and wildlife viewing tower, which was constructed later in 2009. In 2010, the City
requested and was subsequently authorized to use the use the grant funds for
acquisition of the 29-acre Auburn Land Company property at the north end of the
AEP which was acquired late last year, and to use the balance of the grant funds
(approximately $127,350) to design and construct the boardwalk trail and to design
and plant a native vegetation habitat enhancement buffer along SR 167. The
resultant design and construction budget for the project is $274,700.00.
For construction of the boardwalk trail, staff proposes to contract with the
Washington Conservation Corps (WCC). Staff proposes to contract with the WCC
for construction of the boardwalk trail, subject to a finding of special market condition
by the City Council. A draft of Resolution No. 4715 that would constitute such a
finding and a draft contract with WCC is attached for the Committee’s review. The
boardwalk trail project is currently in the permitting process with state and federal
agencies. Construction is scheduled to start August 1, 2011 and complete by mid
September 2011.
Committee expressed their support of having Washington Conservation Corps
contract for the work and complimented staff on their work for this project.
D. Director’s Report
There was no report provided.
E. PCDC Status Matrix
Chair Norman pointed out minor changes in the PCDC Matrix. Chair Norman
informed staff the Economic Development update, No. 31 of the matrix, will take
place at the July 11, 2011 meeting.
PCD.1
Planning and Community Development Committee Minutes June 13, 2011
Page 5
VI. ADJOURNMENT
There being no further business to come before the Planning and Community
Development Committee, Chair Norman adjourned the meeting at 6:13 p.m.
APPROVED THIS ________ DAY OF ______________.
Lynn Norman, Chair Tina Kriss, Planning and Development
Secretary
PCD.1
AGENDA BILL APPROVAL FORM
Agenda Subject:
June 6, 2011 Minutes
Date:
June 10, 2011
Department:
Public Works
Attachments:
June 6, 2011 Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:
Meeting Date:June 20, 2011 Item Number:PW.1
AUBURN * MORE THAN YOU IMAGINEDPW.1
Page 1
CITY OF AUBURN
PUBLIC WORKS COMMITTEE
June 6, 2011
DRAFT MINUTES
I. CALL TO ORDER
Vice-Chair Peloza called the meeting to order at 3:30 p.m. in Conference Room #2, located on the
second floor of Auburn City Hall, One East Main Street, Auburn, Washington. Committee members
present were: Vice-Chair Bill Peloza, Member Virginia Haugen, and Councilmember Sue Singer
substituting for Chairman Wagner. Chairman Wagner was excused. Also present during the
meeting were: Mayor Peter B. Lewis, Public Works Director Dennis Dowdy, City
Engineer/Assistant Director Dennis Selle, Assistant City Engineer Ingrid Gaub, Utilities Engineer
Dan Repp, Project Engineer Jacob Sweeting, Project Engineer Leah Dunsdon, Street Systems
Engineer Seth Wickstrom, Citizens Wayne Osborne and Largo Wales, and Department Secretary
Jennifer Rigsby.
II. CONSENT AGENDA
A. APPROVAL OF MINUTES
It was moved by Member Haugen, seconded by Councilmember Singer, that the Committee
approve the Public Works Committee minutes for date, May 16, 2011.
Motion carried 3-0.
B. PERMISSION TO ADVERTISE FOR BIDS FOR PROJECT NO. C201A – RESIDENTIAL
BUILDING DEMOLITION
Project Engineer Sweeting stated that there are eight residential properties, acquired by the
City, which have been vacated and are to be demolished as part of the M Street SE Underpass
Project. There is also a City owned residential structure in Cedar Lanes Park which will be
included in the demolition.
Project Engineer Sweeting confirmed that the informational signs for the project are posted, in
response to a statement made by Director Dowdy. The plastic flyer containers were just
received and will be mounted under the signs.
Vice-Chair Peloza asked if the City is encouraging the contractor to recycle demolished
materials. Sweeting answered that a 75% goal for recycling was incorporated into the contract.
Vice-Chair Peloza commended staff on the inclusion of recycling.
Vice-Chair Peloza asked if any of the plants on the properties are being saved and relocated.
Sweeting answered that there are some trees and other vegetation that are to remain and will
be incorporated into the design of the storm pond facility.
Vice-Chair Peloza asked, on behalf of a citizen, if any of the houses could be sold and moved in
order to recuperate some of the cost of the project. Project Engineer Sweeting answered that
the federal funds the City is receiving for right-of-way purchase is not a loan and must be spent
in order for the City to receive the funding. Sweeting also pointed out that the entire house
would need to be moved and that would be very expensive.
PW.1
Public Works Committee Minutes June 6, 2011
DRAFT MINUTES
Page 2
Councilmember Singer commented that she supports the demolition of the residence in Cedar
Lanes Park. The Committee agreed.
The Committee discussed the age of the residential properties being demolished.
Project Engineer Sweeting stated that there will be trees on the properties that will remain and
will be incorporated into the project’s design, in response to a question asked by Member
Haugen.
It was moved by Councilmember Singer, seconded by Member Haugen, that the Committee
recommend Council grant permission to advertise for bids for Project No. C201A – Residential
Building Demolition.
Motion carried 3-0.
C. PERMISSION TO ADVERTISE FOR BIDS FOR PROJECT NO. CP1101 – 2011 LOCAL
STREET PAVEMENT PRESERVATION – PHASE 1
Street Systems Engineer Wickstrom reviewed the project’s vicinity maps with the Committee.
Wickstrom stated that the streets included in the project were approved by the Committee in
December 2010.
Street Systems Engineer Wickstrom reported that the project has been broken into two phases.
Phase 1 of the project includes the streets that are easier to design and can be put out to bid
more quickly. Phase 1 will incorporate the streets that need chip sealing, patching and
overlays. Phase 2 of the project will be advertised for bids later in the summer and will include
streets with a more complicated design, such as the streets that need to be rebuilt and streets
with utility work.
Staff is requesting Council grant permission to advertise for Phase 1 only. Vice-Chair Peloza
asked when Phase 2 will be brought to the Committee. Street Systems Engineer Wickstrom
answered that staff would like advertisement for bids to go out in late July 2011.
Vice-Chair Peloza asked when the proposed streets for the 2012 program will be reviewed by
the Committee. Assistant Director/City Engineer Selle answered the streets for 2012 will be
reviewed in late Fall or early Winter of 2011.
Member Haugen asked why the streets selected for chip seal are not candidates for thin
overlay. Street Systems Engineer Wickstrom answered that the streets selected for chip seal
have high crowns and steep side slopes and if they are overlayed it would increase the cross
slope of the roadway beyond acceptable limits. Assistant Director/City Engineer Selle also
pointed out that at previous Public Works Committee Meetings the Committee encouraged staff
to consider chip seal as an alternative treatment for pavement.
It was moved by Councilmemeber Singer, seconded by Member Haugen, that the Committee
recommend Council grant permission to advertise for bids for Project No. CP1101 – 2011 Local
Street Pavement Preservation – Phase 1.
Motion carried 3-0.
PW.1
Public Works Committee Minutes June 6, 2011
DRAFT MINUTES
Page 3
D. APPROVE FINAL PAY ESTIMATE NO. 2 TO CONTRACT 10-30 IN THE AMOUNT OF
$7,643.70, FOR A TOTAL CONTRACT PRICE OF $40,731.00, WITH TOTEM ELECTRIC OF
TACOMA AND ACCEPT CONSTRUCTION OF PROJECT NO. CP1020 – 2010 SIGNAL
IMPROVEMENTS
Project Engineer Dunsdon was present. There were no questions from the Committee.
It was moved by Councilmember Singer, seconded by Member Haugen, that the Committee
recommend Council approve Final Pay Estimate No. 2 to Contract 10-30 with Totem Electric of
Tacoma and accept construction of Project No. CP1020 – 2010 Signal Improvements.
Motion carried 3-0.
III. ISSUES
There were no issues.
IV. DISCUSSION AND INFORMATION
A. CAPITAL PROJECT STATUS REPORT
Item 11 – CP1004 – South Auburn ITS Expansion Project: Assistant City Engineer Gaub
confirmed that work on the project will being within the week, in response to a question asked
by Vice-Chair Peloza.
Item 12 – C507B – Auburn/Pacific Trail Phase 2: Vice-Chair Peloza asked if work will being in
June. Assistant City Engineer Gaub answered that work on the project has already started.
Councilmember Singer asked how much more work will need to be completed to connect the C
Street and Interurban Trails. Assistant City Engineer Gaub answered that Project C507B is
extending the trail down Skinner Road to the park located along 3rd Street in Pacific. Gaub
stated that the City of Pacific has plans to then connect the trail to the Interurban Trail. Mayor
Lewis stated that the City of Pacific has a grant with Pierce County for completion of the trail.
Item 10 – CP1006 – Lakeland Hills Reservoir 6: Member Haugen asked if the project was
moving forward smoothly. Assistant City Engineer Gaub answered that work on the foundation
is underway and there have been no concerns to date.
Item 13 – C410A – S. 277th Wetland Mitigation Monitoring: Assistant City Engineer Gaub said
that the Pre-Construction Meeting is still scheduled for June 7, 2011, in response to a question
asked by Vice-Chair Peloza.
Item 15 – CP1005 – S. Division Street Promenade Project: Vice-Chair Peloza asked for the
status of the Pre-Construction Meeting. Assistant City Engineer Gaub answered that the
meeting went well and work should start within the next week or so.
Vice-Chair Peloza asked what the first phase of project construction will look like and how it will
affect the Downtown Area. Assistant City Engineer Gaub said construction crews will move into
the area next week and the first thing they will be working on is the utility work. Work will likely
begin at the intersection of A Street SW/NW and Main Street. Vice-Chair Peloza asked if the
construction will impact the Sunbreak Café. Mayor Lewis answered that the café should
PW.1
Public Works Committee Minutes June 6, 2011
DRAFT MINUTES
Page 4
experience no problems during construction. Assistant City Engineer Gaub noted that Puget
Sound Energy has already started work in the area, relocating utility facilities.
Member Haugen asked about construction clean-up. Assistant Director/City Engineer Selle
answered that the contractor is very sensitive to working in the Downtown Area and that staff
has made them well aware of the City’s expectations of how they do their work.
Item 17 – CP0756 – Lea Hill Pump Station Decommission – Phase 2: Vice-Chair Peloza asked
if the bids for the project will be opening as scheduled, on June 7, 2011. Assistant City
Engineer Gaub confirmed that to be correct.
Item 19 – C201A – M Street Underpass (Grade Separation): Member Haugen asked about the
project funding. Assistant City Engineer Gaub stated that the Public Works Trust Fund Loan is
in place and staff is applying for a Transportation Improvement Board (TIB) Grant to offset
some of the loan costs if received. Mayor Lewis stated that with the Public Works Trust Fund
Loan, enough funding has been secured to move forward with the project and if the City
receives the TIB Grant, the amount of the loan will be reduced. Mayor Lewis pointed out that
Governor Gregoire still needs to sign the budget to make the PWTF loan available.
Item D – MS1003 – Airport Storm Water Inventory/Survey: Member Haugen asked about the
status of the inventory. Assistant Director/City Engineer Selle stated that the information that
the Committee was briefed on April 18, 2011 is being incorporated into the planning for storm
drainage in the vicinity of the Airport.
Utilities Engineer Repp stated that the inventory report is complete and staff is incorporating
items needing improvement into Capital Improvement Plans.
V. ADJOURNMENT
There being no further business to come before the Public Works Committee, the meeting was
adjourned at 3:50 p.m.
Approved this _______ day of _________________________, 2011.
Rich Wagner Jennifer Rigsby
Chairman Public Works Department Secretary
PW.1
AGENDA BILL APPROVAL FORM
Agenda Subject:
June 6, 2011 Minutes
Date:
June 13, 2011
Department:
Administration
Attachments:
June 6, 2011 Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Backus Staff:
Meeting Date:June 20, 2011 Item Number:FN.1
AUBURN * MORE THAN YOU IMAGINEDFN.1
Finance Committee
June 6, 2011 - 6:00 PM
Annex Room 1
MINUTES
I.CALL TO ORDER
Chair Nancy Backus called the meeting to order at 6:00 p.m. in Conference Room 1
located on the second floor of the City Hall Annex located at One East Main Street in
Auburn.
A.Roll Call
Chair Backus and Vice Chair Lynn Norman were present. Member Rich Wagner
was excused. Also present during the meeting were Mayor Peter B. Lewis, City
Attorney Daniel B. Heid, Finance Director Shelley Coleman, Planning and
Development Director Kevin Snyder, Utilities and Accounting Services Manager
Mark Gregg, Assistant Police Chief Bill Pierson, and City Clerk Danielle Daskam.
Members of the public in attendance included Andrew Primus representing
Hinshaw's Honda and Robert Copeland representing Skills, Inc.
B.Announcements
There was no announcement.
C.Agenda Modifications
There was no change to the agenda.
II.CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A.May 16, 2011 Minutes
Vice Chair Norman moved and Chair Backus seconded to approve the May 16,
2011 minutes.
MOTION CARRIED UNANIMOUSLY. 2-0.
B.Claims Vouchers (Coleman)
Claims check numbers 404412 through 404825 in the amount of $3,076,662.39
and dated June 6, 2011.
See Item II.C for action on claims vouchers.
C.Payroll Vouchers (Coleman)
Payroll check numbers 531415 to 531510 in the amount of $305,680.89 and
Page 1 of 4
FN.1
electronic deposit transmissions in the amount of $1,136,241.05 for a grand total
of $1,441,921.94 for the pay period covering May 12, 2011 to June 1, 2011.
Committee members reviewed the claims and payroll vouchers and briefly
discussed claims voucher numbers 404511, 404722, and 404732.
Vice Chair Norman moved and Chair Backus seconded to approve the claims and
payroll vouchers.
MOTION CARRIED UNANIMOUSLY. 2-0.
III.ORDINANCES
A.Ordinance No. 6361 (Heid)
An Ordinance of the City of Auburn, Washington, amending Ordinance No. 5250,
adopted June 21, 1999, prohibiting social card games conducted as a commercial
stimulant except for those establishments currently licensed by the Washington
State Gambling Commission and/or lawfully operating in the City as of June 7,
1999; establishing penalties for violations; and providing that the moratorium on
social card games conducted as a commercial stimulant as established under
Ordinances 5249 and 5198 be terminated unless this ordinance is determined to
be invalid or unenforceable for any reason
City Attorney Heid explained that Ordinance No. 6361 clarifies Ordinance No.
5250, adopted in 1999, which restricted new card games within the city to only
those establishments currently licensed by the Gambling Commission. The
clarification provides that card game activities can be pursued, and gambling
licenses sought, by any establishment licensed, as of June 1999, to engage in
any gambling related activity, other than punch boards and pull tabs. City
Attorney Heid stated he believes Emerald Downs could qualify for card games
under the clarification.
There was no motion to forward Ordinance No. 6361 to the Council.
IV.DISCUSSION ITEMS
A.Resolution No. 4709 (Lee)
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor or designee to execute an Agreement between the cities of Auburn,
Burien, Des Moines, Federal Way, Renton, SeaTac and Tukwila regarding
investigative assistance at the SCORE detention facility
Assistant Chief Pierson explained that Resolution No. 4709 authorizes an
Investigative Assistance Agreement among the member cities of the South
Correctional Entity (SCORE) to provide investigative assistance for those criminal
acts or activities at the SCORE facility which would warrant investigation.
Assistant Chief Pierson stated that the SCORE member cities desire to work
cooperatively and share the burden of investigating criminal or significant activity
that occurs at the facility, rather than forcing the burden on the City of Des
Page 2 of 4
FN.1
Moines, where the SCORE facility is located.
B.Resolution No. 4710 (Hursh)
A Resolution of the City Council of the City of Auburn, Washington, relating to the
amendment of the 2010 and 2011 Annual Action Plan Updates of the
Consolidated Plan
Community Services Manager Hursh explained that Resolution No. 4710 amends
the 2010 and 2011 Actions Plans and reallocates unused Community
Development Block Grant funds. The Council is scheduled to hold a hearing on
the proposal later this evening.
C.Resolution No. 4712 (Lee)
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor or his designee to execute an Agreement between the City of Auburn
and the Washington State Department of Corrections for services involving
Department Community Correction Officers at the Auburn Justice Center
Assistant Police Chief Pierson stated that Resolution No. 4712 authorizes an
agreement with the State Department of Corrections (DOC) to allow DOC to place
Community Corrections Officers at the Auburn Police Department premises.
Assistant Chief Pierson stated that the arrangement will benefit both parties ability
to carry out public safety responsibilities. The agreement delineates both parties
responsibilities.
D.Leak Adjustment Request (Coleman)
City Council approve a sewer utility adjustment to account number 019213, for
Skills Inc., in the amount of $22,198.83.
The Committee reviewed a utility leak adjustment request from Skills, Inc.
Finance Director Coleman reported the Public Works Committee recommended a
sewer utility adjustment in the amount of $22,198.83 for sewer where the water
leaked in to the ground and did not enter the sanitary sewer system. Additionally,
the Public Works Committee recommended a water leak adjustment in the
amount of $4,821.67 (which is the $500 initial maximum plus fifty percent of the
remaining water adjustment calculation).
E.Leak Adjustment Request (Coleman)
City Council approve a water and sewer utility adjustment to account number
019980, for Hinshaw's Honda in the amount of $1,072.15.
The Committee reviewed a utility leak adjustment request from Hinshaw's Honda.
Finance Director Coleman reported the Public Works Committee recommended a
utility adjustment in the amount of $1,072.15 for sewer where the water leaked in
to the ground and did not enter the sanitary sewer system. Additionally, the
Public Works Committee recommended a water leak adjustment in the amount of
$436.20.
V.ADJOURNMENT
There being no further business to come before the Committee, the meeting adjourned
Page 3 of 4
FN.1
at 6:14 p.m.
APPROVED THE _____ DAY OF JUNE, 2011.
___________________________ _____________________________
Nancy Backus, Chair Danielle Daskam, City Clerk
Page 4 of 4
FN.1
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the June 6, 2011 City Council Meeting
Date:
June 14, 2011
Department:
Administration
Attachments:
June 6, 2011 Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:June 20, 2011 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A
City Council Meeting
June 6, 2011 - 7:30 PM
Auburn City Hall
MINUTES
I.CALL TO ORDER
A.Flag Salute
Mayor Peter B. Lewis called the meeting to order at 7:30 p.m. and led those in
attendance in the Pledge of Allegiance.
B.Roll Call
Councilmembers present: Sue Singer, Nancy Backus, Bill Peloza, Lynn Norman,
Virginia Haugen, and John Partridge. Councilmember Rich Wagner was
excused.
Directors and staff members present: City Attorney Daniel B. Heid, Public Works
Director Dennis Dowdy, Assistant Police Chief Bill Pierson, Human Resources
and Property/Risk Management Director Brenda Heineman, Recreation Manager
Brian Petty, Planning and Development Director Kevin Snyder, Finance Director
Shelley Coleman, Economic Development Manager Doug Lein, Community
Services Manager Michael Hursh, Government Relations Manager Carolyn
Robertson, and City Clerk Danielle Daskam.
C.Announcements, Appointments, and Presentations
1.Proclamation - KidsDay
Mayor Lewis read and presented a proclamation declaring June 24, 2011 as
KidsDay in the city of Auburn to Recreation Manager Brian Petty. Mayor
Lewis urged all to support and maintain playspaces and playgrounds for the
well-being of this and future generations.
Recreation Manager Brian Petty announced that KidsDay will be held at Les
Gove Park, the location for the Discovery Playground and the Rotary Spray
Park. This is the second year KidsDay will be held at Les Gove Park; the
event was held for several years at Game Farm Park. Recreation Manager
Petty thanked the Mayor and Council for their support of KidsDay.
2.Recognition of Auburn School District's DECA Students
Mayor Lewis recognized three students from Auburn Mountainview High
School, Heather O’Dell, Scott Ohashi, and Nichola Usher, who are members
of DECA Club. The students started a project last year to bring awareness
to diabetes and to promote a more healthy lifestyle and healthy eating
Page 1 of 11
CA.A
habits. Their project included working with local restaurants to provide
additional menu options and dietary information on menus.
Mayor Lewis presented the students with certificates of achievement in
honor of their accomplishments, including placing among the top eighteen
clubs at the International DECA competition in Orlando, Florida. Heather
O'Dell and Nichola Usher were present to accept the certificates and briefly
spoke regarding the activities they coordinated at their school and in the
community to bring more awareness to Type 1 and Type 2 diabetes.
Miss O'Dell and Miss Usher thanked their DECA teach, Derik Enz, for his
leadership.
3.2011 Legislative Wrap Up
Government Relations Manager Robertson presented an update of the City's
2011 legislative agenda. As a result of the legislature's latest session:
Sales tax mitigation funding will be reduced by approximately 3.4 percent.
Cities will now be required to pay for its officers to attend the Criminal Justice
Training Center and provide their own ammunition.
This year, the proposal for a Street Utility was passed out of the House
Transportation Committee, but lacked the votes to pass during the legislative
session.
The City's efforts to locate an Amtrak stop in Auburn moved one step closer.
The Department of Transportation provided the City with a draft marketing
study for comment.
Green River cities worked with King County to secure $4.6 million in levee
repair and maintenance funding from the State of which $1.6 million is
dedicated to the Reddington levee.
The City secured $6.8 million from the Public Works Trust Fund for the M
Street SE Underpass Project. Additionally, the City secured $6 million from
the Freight Mobility Strategic Investment Board (FMSIB) for the M Street SE
Underpass Project.
The City secured $316,000 from the Buildings and Communities Fund for the
Auburn teen center and gymnasium.
The City also received approximately $200,000 for two smaller projects.
The Legislature passed a bill to allow the use of firearms noise
suppressors. The ability to use noise suppressors for police target practice
will minimize on-the-job hearing loss.
Page 2 of 11
CA.A
D.Agenda Modifications
There was no change to the agenda.
II.CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A.Public Hearings
1.Public Hearing - Interim Zoning Controls (Norman/Snyder)
City Council to conduct a hearing on interim zoning controls pertaining to the
allowance, dimensions and location of real estate signs not currently
permitted by existing sign regulations in the public right-of-way or on private
property pertaining to the sale, lease or rent of residential and non-
residential development properties. On April 18, 2011, the City Council
adopted Ordinance No. 6360 establishing the interim zoning control and
setting today's date for the required public hearing.
Planning and Development Director Snyder reported the Council passed
Ordinance No. 6360, interim zoning control, with the intent that the interim
zoning controls would be in effect for a year. The interim zoning controls
relate to signage regulations for temporary off-premise real estate signs. A
public hearing on the interim zoning controls is required by state statute.
Mayor Lewis opened the public hearing at 8:00 p.m. No one in the audience
requested to speak, and Mayor Lewis closed the hearing.
2.Public Hearing - Moratorium on Medical Marijuana
Dispensaries (Norman/Snyder/Heid)
City Council to conduct a public hearing on the initial one year moratorium
on the acceptance of applications for licenses, permits and approvals for
medical marijuana dispensaries in all zoning districts in the city of Auburn.
Planning and Development Director Snyder stated that on May 2, 2011, City
Council passed Resolution No. 4701 establishing a one-year moratorium
on medical marijuana dispensaries. The recent passage of state legislation
relating to medical marijuana dispensaries has created uncertainty at the
local level of how the implementation of the legislation will occur. Staff
believes the moratorium is warranted to allow time to fully consider all
options and alternatives for regulations pertaining to medical marijuana
dispensaries.
Mayor Lewis opened the public hearing at 8:02 p.m. No one in the
audience requested to speak, and Mayor Lewis closed the public hearing.
3.Public Hearing - Amendment to 2010 and 2011 CDBG Annual Action
Plans (Norman/Hursh)
City Council to conduct a hearing on the proposed amendment to its
Community Development Block Grant (CDBG) 2010 and 2011 Annual Action
Plans. The process for a substantial amendment is required by the U.S.
Department of Housing and Urban Development (HUD) and the City's
Page 3 of 11
CA.A
Consolidated Plan to reallocate funds from abandoned or postponed
projects.
Community Services Manager Hursh presented information on the proposed
substantial amendment to the Community Development Block Grant 2010
and 2011 Annual Action Plans. Mr. Hursh explained that there was funding
that was planned for the debt service on the Community Center project;
however, the project has not yet begun and the funding must be
reallocated.
The proposed use of the funds include $50,000 for improvements to
Shaughnessy Park, $25,000 for a downtown business facade improvement
program, and $175,000 for acquisition of property to assist Auburn Youth
Resources in developing a teen drop-in program. The City had received
applications for and considered the projects at one time, but had to delay
them in order to fund the debt service for the Community Center project.
In response to questions from Councilmembers, Mr. Hursh confirmed that
the reallocation has been reviewed by the Human Services Commission.
The proposed projects are supplemental and do not replace any City
programs.
Mayor Lewis opened the public hearing at 8:09 p.m. No one in the audience
requested to speak, and the hearing was closed.
B.Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
Leonard Couch, 1203 28thStreet SE, Auburn
Mr. Couch spoke regarding graffiti problems he has endured on his property.
The vandals have tagged his property four times. Mr. Couch also urged that the
Council approve Save Our Streets funding for improvements to 28th Street SE.
Tim Stark, 26834 15th Avenue South, Des Moines, WA
Mr. Stark reported that he operates a business in Auburn offering unique and
historical military collectibles. His business is operated in the attic of the Red
Barn of Auburn. Mr. Stark stated that he and the store were subjected to unfair,
intimidating and unreasonable treatment by the Planning and Development
Department. As a result of fire and code inspections, he was required to correct
several code violations. One outstanding issue remains relating to the stairs. The
City requires the replacement of the stairs with a ladder. The stairs are not used
by the public, and due to a disability, Mr. Stark is unable to use a ladder.
According to Mr. Stark, the Building Official has rejected Mr. Stark's proposed
alternatives.
Mayor Lewis indicated that Planning and Development Director Snyder is
Page 4 of 11
CA.A
investigating alternatives for Mr. Stark.
Andrew Primis, 2507 North Cheyenne, Tacoma, WA
Mr. Primis spoke on behalf of the owners of Hinshaw's Honda, and urged the
Council's approval of Hinshaw's leak adjustment that appears on this evening's
agenda.
C.Correspondence
There was no correspondence for Council review.
III.COUNCIL COMMITTEE REPORTS
A.Municipal Services
Chair Peloza reported the Municipal Services Committee met May 23, 2011. The
Committee reviewed Resolution No. 4709, authorizing an agreement among the
cities of Auburn, Burien, Des Moines, Federal Way, Renton, SeaTac, and Tukwila
relating to the investigation of criminal activities that may occur at the South
Correctional Entity (SCORE) jail facility, and Resolution No. 4712 authorizing
an interlocal agreement with the State Department of Corrections (DOC). The
Committee discussed Ordinance No. 6361 related to social card games,
Ordinance No. 6364 related to parking, and Ordinance No. 6366 relating to the
recoupment of law enforcement costs for responding to incidents involving
intoxicated persons. Resolution No. 6364 and 6366 will be reviewed at the June
13th Committee meeting pending additional information. The Committee also
received a presentation on the Police Chaplain's Program. The next regular
meeting of the Municipal Services Committee is scheduled for June 13, 2011 at
3:30 p.m.
B.Planning & Community Development
Chair Norman reported the Planning and Community Development Committee
met May 23, 2011. The Committee reviewed proposed amendments to the 2010
and 2011 Annual Action Plans and Ordinance No. 6363 approving zoning code
amendments relating to agricultural enterprises on properties zoned Residential
Conservancy. The Committee also discussed Ordinance No. 6365 relating to
electrical vehicle infrastructure, Phase II code update project, parking and design
issues, downtown parking during construction of the promenade project,
and parking in the downtown core. The next regular meeting of the Planning and
Community Development Committee is scheduled for June 13, 2011 at 5:00 p.m.
C.Public Works
Vice Chair Peloza reported the Public Works Committee met this afternoon at
3:30. The Committee approved contract administration items consisting of
permission to advertise for Project No. C201A, Residential Building
Demolition, permission to advertise for Project No. CP1101, the 2011 Local
Street Pavement Preservation Project, and Final Pay Estimate and acceptance of
Project No. CP1020, 2010 Signal Improvements. Vice Chair Peloza reported that
Page 5 of 11
CA.A
Project No. C201A, the Residential Building Demolition Project, provides for the
demolition of eight residences that the City has purchased and vacated for the M
Street SE Underpass Project. Staff members have set a goal for the contractor
to recycle up to 75 percent of the demolition materials. Much of the vegetation
from the properties will be used for the project landscaping. The next regular
meeting of the Public Works Committee is scheduled for June 20, 2011 at 3:30
p.m.
D.Finance
Chair Backus reported the Finance Committee met this evening at 6:00. The
Committee reviewed claims and payroll vouchers. Chair Backus reported the
claims vouchers included payables to the Department of Commerce for $865,000
representing repayment of the Public Works Trust Fund Loan, payment to Puget
Sound Energy in the amount of $112,000 for energy costs for street lights and
facilities for the months of April and May, payment to the South Correctional
Entity (SCORE) in the amount of $483,000 for jailing and startup costs, and
payment to the Washington State Auditor in the amount of $23,000 for annual
audit fees for the month of April. The Committee also reviewed Ordinance No.
6361 clarifying Ordinance No. 5250 relating to card games. Ordinance No. 6361
was not passed out of committee and may come forward at a future meeting. The
Committee also discussed Resolution No. 4709 authorizing an agreement among
the SCORE cities, Resolution No. 4710 amending the Community Development
Block Grant Annual Action Plans, Resolution No. 4712 authorizing an agreement
with the Washington State Department of Corrections, and two requests for utility
leak adjustments. The next regular meeting of the Finance Committee is
scheduled for June 20, 2011 at 6:00 p.m.
E.Les Gove Community Campus
The Les Gove Community Campus Committee has not met since the last Council
meeting.
F.Downtown Redevelopment
Chair Norman reported the Downtown Redevelopment Committee met May 24,
2011. The Committee reviewed proposed projects for expending the remaining
balance of the Local Revitalization Funding. The Committee also conducted a
walking tour through the downtown area for possible locations for pedestrian
kiosks. The Committee also discussed project signage for the South Division
Street Promenade Project. The next regular meeting of the Downtown
Redevelopment Committee is scheduled for June 14, 2011 at 4:00 p.m.
G.Council Operations Committee
The Council Operations Committee has not met since the last Council meeting.
IV.REPORTS
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on state, regional and local organizations.
Page 6 of 11
CA.A
A.From the Council
Deputy Mayor Singer reported that she attended the general assembly meeting
for the Puget Sound Regional Council where the membership voted to elect
Kitsap County Commissioner Josh Brown President and Pierce County Executive
Pat McCarthy Vice-President.
Councilmember Partridge reported that he attended several meetings of the
Auburn Valley Humane Society, which included presentations from the City
regarding the status of the City's review of the proposed partnership agreement,
presentation of a promotional banner created by Mike Harbin, discussions with
representatives of the Auburn International Farmers Market, and discussions with
members of the Riverside High School career and technical education team on
how they could contribute to the Society's marketing plan.
Councilmember Partridge also reported on his attendance at the Import/Export
Forum, the Auburn School District Career and Technical Education Program
Advisory Committee, Petpalooza, the Lions Club Old Soldiers Cemetery Cleanup,
Lions Club White Cane Days, and the Regional Law, Safety and Justice
Committee meeting.
Councilmember Norman reported she attended the Empty Bowl fund raising
event to benefit the Auburn Food Bank, the employee luncheon, the Plaza Park
dedication, and a meeting with Gil Kerlikowske, Director of the White House
National Drug Control Policy and former Seattle Police Chief, at Pediatric Interim
Care in Kent, a facility that cares for drug addicted babies.
Councilmember Backus reported that she attended the employee luncheon, the
Plaza Park dedication, Petpalooza, Memorial Day services, the Miss Washington
Outstanding Teen Pageant where Auburn's representative placed third in the
state, Mosby Farms events, and the bicycle safety fair. Councilmember Backus
thanked Councilmember Norman for her years of service and dedication as the
Director of the South Puget Sound Leadership Institute. Upon the graduation of
the Institute's latest class on June 8th, Councilmember Norman will be retiring as
Director of the Institute.
Councilmember Peloza reported meeting with representatives of Metro
and Sound Transit regarding vacating buses from the Auburn transit
center roadway during Auburn International Farmers Market days. The removal
of the buses from the transit roadway will allow for improved safety at the market
and expansion of vendors. Councilmember Peloza also reported on meetings of
the Auburn Airport Advisory Board, the Lower Green Subcommittee, and the King
County Water Pollution Abatement Committee where one of the subjects of
discussion was combined sewer overflow. Councilmember Peloza also reported
that he attended Memorial Day services as Commander of Veterans of Foreign
Wars (VFW) Post 1741. Councilmember Peloza noted the passing of long-time
VFW member Matt Fioretti.
Page 7 of 11
CA.A
Councilmember Haugen reported that she attended Memorial Day ceremonies,
and thanked Councilmember Peloza for his work on behalf of veterans.
Councilmember Haugen also spoke regarding police presence in the south end of
the city and on Lea Hill. Councilmember Haugen stated that she plans to attend
KidsDay on June 24th.
B.From the Mayor
Mayor Lewis commented on the employee luncheon that is held annually to
recognize employees for their years of service and other accomplishments,
including Employee of the Year. Mayor Lewis attended several Memorial
Day events including speaking at the Buena Vista assembly, Memorial Day
services at Mountain View Cemetery and Auburn Veterans Memorial Park, and
dedication of the Veterans Building as the William "Bill" Warren Building.
Mayor Lewis thanked the Councilmembers for their work on national, state,
regional and local committees and organizations.
V.CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A.Minutes of the May 16, 2011 City Council Meeting
B.Claims Vouchers (Backus/Coleman)
Claims check numbers 404412 through 404825 in the amount of $3,076,662.39
and dated June 6, 2011.
C.Payroll Vouchers (Backus/Coleman)
Payroll check numbers 531415 to 531510 in the amount of $305,680.89 and
electronic deposit transmissions in the amount of $1,136,241.05 for a grand total
of $1,441,921.94 for the pay period covering May 12, 2011 to June 1, 2011.
D.Public Works Project No. C201A (Wagner/Dowdy)
City Council grant permission to advertise for bids for Project No. C201A -
Residential Buildings Demolition.
E.Public Works Project No. CP1101 (Peloza/Dowdy)
City Council grant permission to advertise for bids for Project No. CP1011, 2011
Local Street Pavement Preservation - Phase 1.
F.Public Works Project No. CP0745 (Wagner/Dowdy)
City Council approve Final Pay Estimate #5 to Contract 10-07 in the amount of
$0.00, for a total contract price of $167,897.17, with Buckley Nursery Co., Inc. and
accept construction of Project No. CP0745, White River Trail Extension
G.Public Works Project No. CP1020 (Peloza/Dowdy)
City Council approve Final Pay Estimate #2 to Limited Public Works Contract 10-
30 in the amount of $7,643.70, for a total contract price of $40,731.00, with Totem
Electric of Tacoma, Inc. and accept construction of Project Number CP1020, 2010
Page 8 of 11
CA.A
Signal Improvements.
H.Leak Adjustment Request (Wagner/Coleman)
City Council approve a sewer utility adjustment to account number 019213, for
Skills Inc., in the amount of $22,198.83.
I.Leak Adjustment Request (Wagner/Coleman)
City Council approve a water and sewer utility adjustment to account number
019980, for Hinshaw's Honda in the amount of $1,072.15.
Deputy Mayor Singer moved and Councilmember Backus seconded to approve
the Consent Agenda.
Councilmember Haugen stated that she is unhappy with approximately $4,775.35
in claims vouchers, but will vote to approve the consent agenda.
Councilmember Partridge inquired regarding Project C201A, Residential Building
Demolition. Councilmember Partridge questioned whether property will be
maintained until the demolition project is undertaken. Mayor Lewis requested that
staff inspect the properties and ensure that the vegetation is maintained.
In response to a question from Councilmember Partridge, Finance Director
Coleman explained that the utility leak adjustment policy allows for customers to
appeal the leak adjustment to the Public Works Committee, who then can
recommend additional leak adjustment. The Skills, Inc. and Hinshaw's Honda
leak adjustment requests included adjustments to sanitary sewer charges as it
was determined that the water did not enter the sanitary sewer system.
MOTION CARRIED UNANIMOUSLY. 6-0.
VI.UNFINISHED BUSINESS
There was no unfinished business.
VII.NEW BUSINESS
There was no new business.
VIII.ORDINANCES
A.Ordinance No. 6361 (Backus/Heid)
An Ordinance of the City of Auburn, Washington, amending Ordinance No. 5250,
adopted June 21, 1999, prohibiting social card games conducted as a commercial
stimulant except for those establishments currently licensed by the Washington
State Gambling Commission and/or lawfully operating in the City as of June 7,
1999; establishing penalties for violations; and providing that the moratorium on
social card games conducted as a commercial stimulant as established under
Ordinances 5249 and 5198 be terminated unless this ordinance is determined to
be invalid or unenforceable for any reason
Ordinance No. 6361 was removed from the agenda.
Page 9 of 11
CA.A
B.Ordinance No. 6363 (Norman/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Title 18 of the Auburn City Code by creating new Sections 18.04.035, 18.04.036,
18.04.827, 18.04.894, 18.04.911 and 18.31.210, and amending Sections
18.07.020 and 18.56.030 relating to the establishment and regulation of
agricultural enterprises
Councilmember Norman moved and Councilmember Backus seconded to
introduce and adopt Ordinance No. 6363.
In response to a question from Councilmember Haugen, Planning and
Development Director Snyder explained that the proposed amendments allow
electronic signage on a limited basis in accordance with certain locational
standards. The location of the signage will be geographically defined as an area
situated along Highway 18.
MOTION CARRIED UNANIMOUSLY. 6-0.
IX.RESOLUTIONS
A.Resolution No. 4709 (Peloza/Lee)
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor or designee to execute an Agreement between the cities of Auburn,
Burien, Des Moines, Federal Way, Renton, SeaTac and Tukwila regarding
investigative assistance at the SCORE detention facility
Councilmember Peloza moved and Deputy Mayor Singer seconded to adopt
Resolution No. 4709.
MOTION CARRIED UNANIMOUSLY. 6-0.
B.Resolution No. 4710 (Norman/Hursh)
A Resolution of the City Council of the City of Auburn, Washington, relating to the
amendment of the 2010 and 2011 Annual Action Plan Updates of the
Consolidated Plan
Councilmember Norman moved and Councilmember Backus seconded to adopt
Resolution No. 4710.
MOTION CARRIED UNANIMOUSLY. 6-0.
C.Resolution No. 4712 (Peloza/Lee)
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor or his designee to execute an Agreement between the City of Auburn
and the Washington State Department of Corrections for services involving
Department Community Correction Officers at the Auburn Justice Center
Councilmember Peloza moved and Deputy Mayor Singer seconded to adopt
Resolution No. 4712.
Page 10 of 11
CA.A
MOTION CARRIED. 5-1. Councilmember Haugen voted no.
X.ADJOURNMENT
At 9:16 p.m., Mayor Lewis adjourned the meeting to closed session pursuant to RCW
42.30.140(4)(b) to discuss collective bargaining strategy or position. Staff members
required for the closed session were City Attorney Heid, Human Resources and
Property/Risk Management Director Heineman, and Assistant Police Chief Bill Pierson.
APPROVED THE ______ DAY OF JUNE, 2011.
_______________________________ ______________________________
Peter B. Lewis, Mayor Danielle Daskam, City Clerk
Page 11 of 11
CA.A
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers
Date:
June 13, 2011
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Finance
Councilmember:Backus Staff:Coleman
Meeting Date:June 20, 2011 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers
Date:
June 13, 2011
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Finance
Councilmember:Backus Staff:Coleman
Meeting Date:June 20, 2011 Item Number:CA.C
AUBURN * MORE THAN YOU IMAGINEDCA.C
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP0756
Date:
June 10, 2011
Department:
Public Works
Attachments:
Budget Status Sheet
Bid Tabulation Summary
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council award Contract No. 11-02 to Hoffman Construction Inc. on their low bid $498,886.40
plus Washington State sales tax of $47,394.21 for a total contract price of $546,280.61 for
Project No. CP0756 - Lea Hill Pump Station Decommissioning Phase 2.
Background Summary:
This project will decommission the White Mountain Trails and Rainier Shadows sewer lift stations
and replace existing force main sewer lines with new gravity lines. The new lines will be
connected to the new sewer pump station constructed by the Verdana development, located
within Kent's jurisdiction on Lea Hill.
Phase 1 installed new gravity sewer lines in 124th Avenue SE and SE 304th Street. Phase 2 will
install a gravity sewer line in 118th Avenue SE and will connect the new lines to the new Verdana
pump station and decommission the White Mountain Trails and Rainier Shadows pump stations.
The total phase 2 costs are estimated at $651,286. The total amount budgeted for the project is
$689,305, of which $390,000 is budgeted from bond proceeds, $79,700 is budgeted for the
project in the 431 Sewer Fund, and $219,605 is budgeted from the 431 Sewer Repair and
Replacement Fund. A project contingency of $38,019 remains in the 431 Sewer Repair and
Replacement Fund.
O4.6.3 CP0756
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:June 20, 2011 Item Number:CA.D
AUBURN * MORE THAN YOU IMAGINEDCA.D
Project No: CP0756
Project Title: Lea Hill Pump Stations Decommissioning Phase 2
Project Manager: Jacob Sweeting
Project Initiation
Initiation Date: 4/13/2007 (Phases 1 and 2) Permision to Advertise
Advertisement Date:May 24, 2011 Contract Award
Award Date: Change Order Approval
Contract Final Acceptance
Funding
Prior Years
(Actual)20112012 Future Years Total
431 Fund 2,40577,295 79,700
431 Fund Bond Proceeds 390,000 390,000
431 Fund Repair and Replacement 219,605 219,605
Total2,405686,90000689,305
** Part of the Sanitary Sewer Facilities Improvement Program
*** Part of the Sanitary Sewer Expansion Program
Activity
Prior Years
(Actual)2011 2012 Future Years Total
BUDGET STATUS SHEET
Date: June 8, 2011
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
Activity (Actual)2011 2012 Future Years Total
Design Engineering - City Costs2,40518,000 20,405
Construction Contract Bid 546,281 546,281
Authorized Contingency (10%)54,600 54,600
Construction Engineering - City Costs 30,000 30,000
Total 2,405648,88100651,286
Prior Years 20112012 Future Years Total
*431 Funds Budgeted ( )(2,405)(686,900)00(689,305)
431 Funds Needed 2,405648,88100651,286
*431 Fund Project Contingency ( )(38,019)(38,019)
431 Funds Required
* ( # ) in the Budget Status Sections indicates Money the City has available.
431 Sewer Budget Status
W0620-4A 1 of 1
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CA.D
W0620-4CCA.D
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1102
Date:
June 14, 2011
Department:
Public Works
Attachments:
Budget Status Sheet
Vicinity Maps
Budget Impact:
$0
Administrative Recommendation:
City Counci grant permission to advertise for bids for Project No. CP1102, 2011 Arterial
and Collector Street Pavement Preservation.
Background Summary:
The 2011 Arterial and Collector Street Pavement Preservation Project will rehabilitate
deficient pavement on 6.0 miles of arterial and collector streets throughout the City. This
rehabilitation will be accomplished by patching areas of damaged pavement on the
streets shown on the attached maps.
Advertising for bids for this project is anticipated to begin in June 2011. Construction is
anticipated to begin in July 2011 and be complete by November 2011.
A project budget contingency of $10,500 remains in the 105 (Arterial and Collector
Street Pavement Preservation) fund.
O4.9.1 CP1102
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:June 20, 2011 Item Number:CA.E
AUBURN * MORE THAN YOU IMAGINEDCA.E
Project No: CP1102 Project Title:
Project Manager: Seth Wickstrom
Initiation/Consultant Agreement
Initiation Date: _November 11, 2010______ Permission to Advertise
Solicitation Date: ____________________ Contract Award
Award Date: _______________________ Change Order Approval
Contract Final Acceptance
Funding Prior Years 20102011 2012 Total
105 Fund - Arterial/Collector Pavement Preservation Fund 1,300,0001,300,000
Total 001,300,00001,300,000
ActivityPrior Years20102011 2012 Total
Design Engineering - City Costs 10,000 10,000
Construction Estimate 1,190,000 1,190,000
Project Contingency (5%)59,500 59,500
Construction Engineering - City Costs 30,000 30,000
Total 001,289,50001,289,500
105 Arterial/Collector Street Budget Status
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
BUDGET STATUS SHEET
2011 Arterial & Collector Pavement Preservation
Date: June 13, 2011
The "Future Years" column indicates the projected amount to be requested in future budgets.
Prior Years 20102011 2012 Total
*105 Funds Budgeted ( )00(1,300,000)0(1,300,000)
105 Funds Needed 001,289,50001,289,500
**105 Fund Project Contingency ( )00(10,500)0(10,500)
105 Funds Required 00000
* ( # ) in the Budget Status Sections indicates money the City has available.
105 Arterial/Collector Street Budget Status
Page 1 of 1
CA.E
CA.E
CA.E
CA.E
CA.E
CA.E
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6342
Date:
June 13, 2011
Department:
Planning and Development
Attachments:
Ordinance No. 6342
Budget Impact:
$0
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6342.
Background Summary:
Similar to other communities, the City of Auburn has been impacted by the national
economic downturn that has impacted the local economy. These impacts have included
diminished commercial construction activity that has reduced the number of new
commercial developments that have the potential to generate significant sales tax
revenue for the City of Auburn. Based on current state constitutional limitations, the City
has very few incentive tools for its economic development toolbox.
Ordinance No. 6342 offers the City a potential new economic development incentive in
the form of a construction sales tax exemption. This exemption opportunity would be for
purchasers who have paid a tax authorized under the provisions of Chapter 3.60 (Sales
and Use Tax) of the Auburn City Code on construction materials, fixed equipment, or
machinery installation directly related to the construction of new commercial buildings,
redevelopment of existing vacant buildings 25,000 square feet or greater, expansion of
existing commercial buildings that creates new or expanded building floor area that
generates additional sales tax revenue on property zoned Downtown Urban Center
(DUC), C3 (Heavy Commercial District), and C4 (Mixed Use Commercial) or on sales of
or charges made for labor and services rendered in respect to such construction or
installation of such machinery or equipment.
In its current form, draft Ordinance No. 6342 would be in effect for a period of four years,
be limited to properties in the Downtown Urban Center (DUC), C3 (Heavy Commercial
District), and C4 (Mixed Use Commercial) and be available only to a limited class of
eligible business types based on statutory sales tax coding.
Staff anticipates that there will be some short-term budget impact resulting from the
passage of Ordinance No. 6342 as a result of the potential application of the
construction sales tax exemption. However, staff believes that this will be offset by
AUBURN * MORE THAN YOU IMAGINEDORD.A
increased sales tax revenue from new or non-performing commercial developments and
associated property tax revenue resulting from productive and intensive use of the land.
O3.4.1.1, O3.4.2
Reviewed by Council Committees:
Finance, Planning And Community Development, Public Works Other: Legal
Councilmember:Norman Staff:Snyder
Meeting Date:June 20, 2011 Item Number:ORD.A
AUBURN * MORE THAN YOU IMAGINEDORD.A
ORDINANCE NO 6 3 4 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN WASHINGTON AMENDING SECTION
360035 OF THE AUBURN CITY CODE REGARDING
CONSTRUCTION SALES TAX EXEMPTION
WHEREAS Auburn City Code Chapter 360 imposes a sales oruse tax as the
case may be as authorized under RCW 8214030 2 upon every taxable event as
defined in RCW 8214020 occurring within the City and specifies that the tax shall be
imposed upon and collected from those persons from whom the state sales tax or use
tax is collected pursuant to Chapters 8208 and 8212 RCW and
WHEREAS the City of Auburn desires to promote economic development
through the development of new businesses or theexpansion of existing businesses in
certain zoned areas of the City that will contribute to increased sales tax revenue
generation within the City through new or increasedsales activities that create taxable
event opportunities as specified above and
WHEREAS the City of Auburn desires to incentivize the construction of new or
expanded businesses in certain zoned areas of the City by providing a sales tax
exemption and remittance opportunity for purchasers who have paid the tax imposed in
the City of Auburn on construction rimaterials fixed equipment or machinery installation
directly related to the construction of new commercial buildings expansion of existing
commercial buildings or tenant improvements to existing commercial buildings or on
sales of or charges made for labor and services rendered in respect to such
construction or installation of such machineryor equipment and
Ordinance No 6342
June 1 2011
Pagel of 5
ORD.A
WHEREAS the Auburn City Council finds that it is in the public interestbecause
of current economic conditions and challenges to create an economic incentive for the
construction of new or expanded businesses in certain zoned areas of the City for
businesses that will contribute to increased sales tax revenue generation within the City
through new or increased sales activities that create taxable event opportunities
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON DO ORDAIN as follows
Section 1 Amendment to City Code That Chapter 360 of the Auburn City
Code entitled Sales or Use Tax regarding the imposition of sales or use taxes within
the City of Auburn is hereby amended to read as follows
360035 Construction Sales Tax Exemption
1a Purchasers in the Eligible Target Business Class who have paid the tax
imposed by this Chapter on construction materials fixed equipment or
machinery installation directly related to the construction of new commercial
buildings or redevelopment of existing vacant buildings 25000 square feet or
rgeater or expansion of existing commercial buildings that creates new or
expanded building floor area that generates sales tax revenue on property zoned
Downtown Urban Center DUC C3 Heavy Commercial District and C4 Mixed
Use Commercial or on sales of or charges made for labor and services rendered
in respect to such construction or installation of such machinery or equipment
are eligible for an exemption as provided for in this Section
b Beginning on EFFECTIVE DATE OF ORDINANCE 2011 through DATE
2015 a purchaser is eligible for an exemption specified under subsection 1
from the local sales and use tax paid under this Chapter as authorized under
RCW 8214030 2 up to a maximum of twenty 20 percent of taxes imposed
and paid to the City of Auburn not to exceed 100000 The purchaser is eligible
for an exemption under this subsection 1b in the form of a remittance
2 For purposes of this Section the following definitions apply
a Commercial building means a structure that has as its primary purpose a
Commercial Use as that term is defined in ACC 1804240
b Expansion means to add to the floor area or height of a building
c Purchaser means a person or entity that is the recipient of a good or service
Ordinance No 6342
June 1 2011
Page 2 of 5
ORD.A
3 Eligible Target Business Class The construction sales tax exemption specified
in Section 3600351ab shall onlyapply to those businesses engaged in normal
business activities under the following classifications ofbusinesses occurring
within the specified zoning designations
a General Merchandise Warehouse Club SuperCenter Sales Tax
Classification Code 45291
b Building Materials and GardenHome Center Sales Tax Classification Code
44411
c Electronics and Appliances Sales Tax Classification Code 44311
d Full Service Restaurants Sales Tax Classification Code 722110
e New and Used Automobile and LightUtility Truck Dealers Sales Tax
Classification Code 44110
f Bowling Centers Sales Tax Classification Code 713950
g Motion Picture Theaters excluding drivein theaters Sales Tax
Classification Code 512131
h Hotels Sales Tax Classification Code 72110
4a A purchaser claiming an exemption in the form of a remittance under
subsection 2b of this section must pay the tax imposed by ACC 360020 The
purchaser may then apply to the City for remittance in a form and manner
prescribed by the City and shall submit information that the City deems adequate
to justify the exemption including but not limited to
1 Identification of the vendorcontractor
2 North American Industry Classification System NAICS code under which the
tax was reported
3 Name and Unified Business Identifier UBI number of the vendorcontractor
on the Combined Excise Tax Return filed with the State of Washington and
4 Detailed information supported the amounts reported under the State Use
and Sales Tax section of theabove report for Location Codes 1702 and 2724
b A purchaser may not apply for a remittance under this section more frequently
than once per quarter The purchaser must specify the amount of exempted tax
claimed and the qualifying purchases for which the exemption is claimed The
purchaser must retain all records provided to the City in making its claim
c The City shall determine eligibility under this section based on the information
provided by the purchaser which is subject to audit verification by the City If the
City verifies eligibility it shallremit eligible taxes paid to the purchaser
5 Appeals Any applicant aggrieved by an action of the City concerning eligibility
or computation of remittance under this Section may file a written appeal to the
Citys Hearing Examiner in accordance with Chapter 1866 ACC within fourteen
14 calendar days of receipt of the Citys decision The Hearing Examiner is
Ordinance No 6342
June 1 2011
Page 3 of 5
ORD.A
specifically authorized to hear and decide such appeals and the decision of the
Hearing Examiner shall be the final action of the City
Section 2 Implementation The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions ofthis
legislation
Section 3 Severability The provisions of this ordinance are declared
to be separate and severable The invalidity of any clause sentence paragraph
subdivision section or portion of this ordinance or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the remainder of
this ordinance or the validity of its application to other persons or circumstances
Section 4 Effective date This Ordinance shall take effect and be in force
five days from and after its passage approval and publication as provided by law
INTRODUCED
PASSED
APPROVED
CITY OF AUBURN
PETER B LEWIS
MAYOR
Ordinance No 6342
June 1 2011
Page 4 of 5
a
ORD.A
ATTEST
Danielle E Daskam City Clerk
APPROVED S TO FOR
iel B H City Attorne
Published
Ordinance No 6342
June1 2011
Page 5 of 5
ORD.A
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6361
Date:
June 7, 2011
Department:
City Attorney
Attachments:
Ordinance No. 6361
Budget Impact:
$0
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6361.
Background Summary:
In 1999, the City Council adopted its Ordinance No. 5250 which restricted new card
games (gambling licenses for card games) within the City to only those establishments
currently licensed by the Gambling Commission. The question has arose about the
scope of that restriction, such that it is appropriate to provide clarification of the terms of
Ordinance No. 5250. The clarification is provided in the proposed Ordinance No. 6361
so that card game activities can be pursued, and gambling licenses sought, by any
establishment licensed, as of June, 1999, to engage in any gambling related activity,
other than punch boards and pull tabs, regulated by the Washington State Gambling
Commission or any other state agency authorized to license and regulate any gambling
related activities.
O7.1
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Backus Staff:Heid
Meeting Date:June 20, 2011 Item Number:ORD.B
AUBURN * MORE THAN YOU IMAGINEDORD.B
ORDINANCE NO6 3 6 1
AN ORDINANCE OF THE CITY OF AUBURN WASHINGTON
AMENDING ORDINANCE NO 5250 ADOPTED JUNE 21 1999
PROHIBITING SOCIAL CARD GAMES CONDUCTED AS A
COMMERCIAL STIMULANT EXCEPT FOR THOSE
ESTABLISHMENTS CURRENTLY LICENSED BY THE
WASHINGTON STATE GAMBLING COMMISSION ANDOR
LAWFULLY OPERATING IN THE CITY AS OF JUNE 7 1999
ESTABLISHING PENALTIES FOR VIOLATIONS AND
PROVIDING THAT THE MORATORIUM ON SOCIAL CARD
GAMES CONDUCTED AS A COMMERCIAL STIMULANT AS
ESTABLISHED UNDER ORDINANCES 5249 AND 5198 BE
TERMINATED UNLESS THIS ORDINANCE IS DETERMINED TO
BE INVALID OR UNENFORCEABLE FOR ANY REASON
WHEREAS the City had previously established a moratorium on the
issuance of additional licenses by the State Gambling Commission of Social
Card Games conducted as a commercial stimulant for the purposes of studying
its affects and to receive public input in accordance with City of Auburn
Ordinance Numbers 5198 and 5249 and
WHEREAS in connection therewith the City reviewed the effects of
casinos and gambling in other communities in nation and received public input at
its public hearings and
WHEREAS during the public hearings held in connection with City of
Auburn Ordinance Numbers 5198 and 5249 both the general public and
operators of social card games conducted as a commercial stimulant provided
input to the City Council and
WHEREAS also in connection therewith the Planning Commission
reviewed and made recommendations to the City Council and
Ordinance No 6361
April 22 2011
Page 1 of 6
ORD.B
WHEREAS RCW 946295 authorizes municipalities to prohibit certain
gambling activities otherwise authorized and
WHEREAS after receiving public input in connection with City of Auburn
Ordinance Numbers 5198 and 5249 and having been advised of the action
taken by neighboring municipalities the City deemed it to be in the public interest
and welfare to prohibit certain social card games as defined in RCW 9460282
and
WHEREAS the City Council in Ordinance No 5250 found that the State
legislature in amendments to the State Gambling Act allowed certain enhanced
card rooms which are commonly referred to as minicasinos and
WHEREAS the City Council also found that as a result of this
authorization there has been established a number of minicasinos in the South
King County Region and
WHEREAS the City Council also found that there are adverse affects as
the result of the establishment of the minicasinos which include but are not
limited to perceptions by residences and businesses of the negative affect that
such minicasinos would have and therefore do not desire to have a residence or
a business in the same municipality where such exist and
WHEREAS the City Council also found that under the Growth
Management Act GMA the City is required to infill and provide high density
development within its boundaries and the establishment of minicasinos could
be adverse to attracting occupants for such developments and
Ordinance No 6361
April 22 2011
Page 2 of 6
Y
ORD.B
WHEREAS the City Council also found that the establishment of mini
casinos is not in harmony with the Comprehensive Plan as it has a negative
affect on the attraction of business and residential development into the urban
area and
WHEREAS the City Council also found that prohibiting social card games
conducted as a commercial stimulant is an exercise of the Citys police powers
pursuant to legislative authority per RCW 946295 and in the best interest ofthe
general health safety and welfare of the citizens of the City and
WHEREAS the City Council also found that Ordinance No 5250 had no
adverse environmental affect and
WHEREAS the City Council also found that Ordinance No 5250 was in
harmony with the Comprehensive Plan and
WHEREAS sincethe time oftheadoption of Ordinance No 5250 a need
for clarification of its terms has been identified insofar as the language of Section
3 of Ordinance No 5250 does not clearly indicate the legislative intent that any
establishments licensed by the Washington State Gambling Commission andor
lawfully operating any type of gambling activity in the City as of June 7 1999 may
operate social card games as a commercial stimulant and
WHEREAS it is appropriate to amend the language of Ordinance No
5250 to provide such clarification
Ordinance No 6361
April 22 2011
Page 3 of 6
ORD.B
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN
KING COUNTY WASHINGTON DO HEREBY ORDAIN THAT ORDINANCE
NUMBER 5250 ADOPTED JUNE 21 1999 BE AMENDED AS FOLLOWS
Section 1 The City finds as set forth above
Section 2 In accordance with RCW 946295 the operation or conduct
of socialcard games by a person association or organization as a commercial
stimulant is prohibited within the City of Auburn provided that bona fide
charitable or nonprofit organizations may operate or conduct social card games if
social card games have been duly licensed by the Washington State Gambling
Commission and if they are otherwise operator conducted and in compliance with
the Auburn City Code
Section 3 Those establishments GUOently licensed by the Washington
State Gambling Commissionor any other state regulatory agency that authorizes
and licenses gambling activities ands lawfully operating in the City as of June 7
19991 may Gdhtinue operate social card games as a commercial stimulant
provided that forthe purposes hereof the licenses referred to do not include
licenses for punchboards andor pulltabs It is further provided that this
ordinance does not authorize gambling activities to be increased to additional
locations not contiguous to and part of the same ownership of the existing
licensed activity
Ordinance No 6361
April 22 2011
Page 4 of 6
ORD.B
Section 4 Any person who violates or fails to comply with the
provisions of this chapter shall be guilty of a misdemeanor and punishable
pursuant to Auburn City Code
Section 5 For the purposes ofthis ordinance the words and terms used
herein shall have the samemeaning given to each pursuant to RCW Chapter
9466s the same may exist and from time to time be amended and is set forth
in the Rules of the Washington State Gambling Commission Chapter 230
Washington Administrative Code the same may exist or hereafter be amended
unless otherwise specifically provide herein
Section 6 SEVERABILITY If any provision of this ordinance or
Ordinance No 5250 is determined to be invalid or unenforceable for any reason
the remaining provisions shall remain in force and in effect and the moratorium
established under Ordinance 6249 and Ordinance 5198 shall be in effect and
shall run six 6 months from the date of the determination of invalidity or
unenforceability
Section 7 EFFECTIVE DATE This ordinance shall effect and be in
force five 5 days from and after he passage approval and publication as
required by law
Ordinance No 6361
April 22 2011
Page 5 of 6
E
ORD.B
INTRODUCED
PASSED
APPROVED
CITY OF AUBURN
PETER B LEWIS MAYOR
ATTEST
Danielle E Daskam City Clerk
APP D OR
D el Heid A o ne
Published
r
Ordinance No 6361
April 22 2011
Page 6 of 6
ORD.B
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6364
Date:
June 16, 2011
Department:
Police
Attachments:
Ordinance No. 6364
Budget Impact:
$0
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6364.
Background Summary:
Currently, individuals may use their vehicles to block in other person's parked vehicles,
or to block in their own vehicles to avoid having them impounded. If an individual blocks
in a car that is illegally parked, tow drivers will not tow the due to the difficulty of
extracting the blocked in car, and the risk of damaging the other parked vehicles. The
ordinance makes blocking in cars unlawful, punishable by a traffic infraction and
impounding the car.
The City Code currently gives the Chief of Police the authority to impound vehicles that
violate specific parking regulations. Because parking enforcement personnel are not
police officers, there is concern that the Code does not give them authority to impound
cars. The ordinance clarifies that parking enforcement personnel, as well as police
officers, may impound vehicles that violate certain restrictions.
O1.8, O4.10
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Peloza Staff:Lee
Meeting Date:June 20, 2011 Item Number:ORD.C
AUBURN * MORE THAN YOU IMAGINEDORD.C
a
ORDINANCE NO6 3 6 4
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN WASHINGTON AMENDING
SECTION 1036360 OF THE AUBURN CITY CODE
AND CREATING NEW SECTIONS 1036215 AND
1036216 OF THE AUBURN CITY CODE
RELATING TO PARKING
WHEREAS The City of Auburn is responsible for regulating the use of its
roadways including parking on city roadways and
WHEREAS the Auburn City Code contains parking regulations
enforceable within the City and
WHEREAS The Auburn Police Department has received complaints that
some drivers have been parking their vehicles in a manner that blocks other
vehicles in theirparking spots or have willfully blocked their own vehicles in as a
means to frustrate the impounding of vehicles that are illegally parked and
WHEREAS in order to address this behavior it is in the public interest to
adopt new sections of the Auburn City Code to expressly prohibit blocking in of
parked cars on city roadways
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON DO ORDAIN as follows
Section 1 New Section That a new section 1036215 of the Auburn
City Code is hereby enacted to read as follows
1036215 Parked vehicle obstructing other vehicles
It is unlawful for anyperson to stop park or angle park any vehicle
upon a roadway in such a manner or under suchconditions as to block
another vehicle in or preventaccess to or movement of another vehicle
Evidence that a driver of a vehicle has parked or positioned his or her
Ordinance No 6364
June 13 2011
Page 1 of 3
i ORD.C
vehicle within two feet of a previously parked vehicle is prima facie
evidence of a violation of this section It is provided however that before
a citation is issued or a vehicle is towed for violation of this Section ofthe
City Code the City shall receive a complaint from the owner or operator of
a vehicle whose access or movement is prevented
Section 2 New Section That a new section 1036216 of the Auburn
City Code is hereby enacted to read as follows
1036216 Parked vehicle obstructing enforcement
It is unlawful for any person to stop park or angle park any vehicle
upon a roadway in such a manner or under such conditions as to prevent
hinder obstruct or delay law enforcement officers from taking or being
able to take any lawful action to enforce any traffic or parking laws or
regulations of the State of Washington or the City of Auburn
Section 3 Amendment to City Code That section 1036360 of the
Auburn City Code be and the same hereby is amended to read as follows
1036360 Violation Penalty
Any vehicle parked in violation of ACC 1036190 through
10 36520 may be impounded by the chief of police ofhq or designee
and the cost of such impounding shall be paid by the owner or operator of
such vehicle before the same is released Any motor vehicle owner or
operator who violates any of the terms of ACC 1036250 through
1036350 except ACC 1036205 and 1036265 has committed an
infraction and shall pay a fine of 3000 within 15 days from the date of
issuance of such notice or in the sum of 4000 if paid after the fifteenth
day from the issuance of such notice Fines shall be paid directly to the
Auburn municipal court
Section 4 Implementation The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation
Section 5 Severability The provisions of this ordinance are declared
to be separate and severable The invalidity of any clause sentence paragraph
subdivision section or portion of this ordinance or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the
Ordinance No 6364
June 13 2011
Page 2 of 3
ORD.C
remainder of this ordinance or the validity of its application to other persons or
circumstances
Section 6 Effective date This Ordinance shall take effect and be in
force five days from its passage approval and publication as provided by law
INTRODUCED
PASSED
APPROVED
PETER B LEWIS MAYOR
ATTEST
Danielle E Daskam City Clerk
APPRVE AS TO FORM
iel i Uy Attorney
Published
r
Ordinance No 6364
June 13 2011
Page 3 of 3
ORD.C
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6365
Date:
June 13, 2011
Department:
Planning and Development
Attachments:
Ordinance No. 6365
House Bill 1481
Budget Impact:
$0
Administrative Recommendation:
Council to Introduce and Adopt Ordinance No. 6365.
Background Summary:
During the 2009 session the Washington State Legislature passed House Bill 1481 (HB
1481), an Act relating to electric vehicles. The Bill addressed electric vehicle
infrastructure including the structures, machinery, and equipment necessary and integral
to support an electric vehicle, including battery charging stations, rapid charging
stations, and battery exchange stations. The associated RCW 35.63.126 requires that
The City of Auburn must allow electric vehicle infrastructure as a use in all areas except
those zoned for residential or resource use or critical areas by July 1, 2011.
The legislature required the Washington State Department of Commerce and the Puget
Sound Regional Council (PSRC) to collaborate and provide technical guidance to cities
impacted by RCW 35.63.126. The two agencies worked together to create a guidebook
and model ordinance, both resources were made available online. Staff utilized the
guidebook and model ordinance to propose the following amendments to the Auburn
City Code to respond to the legislature mandated by the State: Amend Title 18 of the
Auburn City Code (ACC), related to zoning, including Chapter 18.04 Definitions, and a
proposed new section 18.47 Electric Vehicle Infrastructure. In general, the amendments
will allow electric vehicle infrastructure as an allowed use in all zoning districts in the City
of Auburn.
This item was reviewed by the Planning & Community Development Committee on June
13, 2011. The PCDC as the originating committee recommended approval to the City
Council. This item was reviewed by the Public Works Committee on June 20, 2011.
O3.4.1.1, O3.4.2
Reviewed by Council Committees:
Planning And Community Development, Public Works Other: Planning Commission,
AUBURN * MORE THAN YOU IMAGINEDORD.D
Legal
Councilmember:Norman Staff:Snyder
Meeting Date:June 20, 2011 Item Number:ORD.D
AUBURN * MORE THAN YOU IMAGINEDORD.D
ORDINANCE NO 63 65
AN ORDINANCEOF THE CITY COUNCIL OF THE CITY
OF AUBURN WASHINGTON AMENDING CHAPTER
1804 OF THE AUBURNCITY CODE AND CREATING A
NEW CHAPTER 1847 OF THE AUBURN CITY CODE FOR
THE PURPOSE OF COMPLIANCE WITH RCW 356 3126
TO ALLOW THE DEVELOPMENT OF ELECTRIC VEHICLE
INFRASTRUCTURE
WHEREAS during the 2009 session the Washington State Legislature passed
House Bill 1481 HB 1481 an Act relating to electric vehicles addressing electric vehi
cle infrastructure including the structures machinery and equipment necessary and in
tegral to support anelectric vehicle including battery charging stations rapid charging
stations and battery exchange stations and
WHEREAS RCW 3563126 requires that the City of Auburn must allow electric
vehicle infrastructure as a use in all areas except those zoned for residential or resource
use or critical areas by July 1 2011 and
WHEREAS because most of the recharging for private electric vehicles will be
done in residential settings in residential zones as well as some resource areas or criti
cal areas and therefore allowing electric vehicle infrastructure in these areas is in the
public interest and
WHEREAS because businesses in resource areas and in some critical areas
may want to install electric vehicle infrastructure and therefore allowing this infrastruc
ture in these areas is in the public interest and
Ordinance No 6365
June 13 2011
Page 1 of 9
ORD.D
WHEREAS the City Council finds that the proposed amendments to the Auburn
City Code are in accordance withSection 3670A130 RCW and
WHEREAS a Determination of NonSignificance was issued for the proposed
amendments on April 4 2011 with no comments or appeals filed and
WHEREAS pursuant to RCW 3670A106 the proposed zoning code amend
ments were sent to the Washington State Department of Commerce and other state
agencies as required for the 60day state review and were received by Department of
Commerce on April 1 2011 and final correspondence to City received on April 14 2011
and
WHEREAS the Planning Commission held a public hearing May 3 2011 and
recommended that the City Council approve of ZOA110003 and
WHEREAS the Planning and Community Development Committee reviewed and
recommended approval to the City Council the approval of ZOA110003
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN WASH
INGTON DO ORDAIN as follows
Section 1 Amendment to City Code That Chapter 1804 of the Auburn
City Code be and the same hereby is amended by creating and adding the following
Sections of the City Code to read as follows
1804019 Accessible electric vehicle charging station
Accessible electric vehicle charging station means an electric vehicle
charging station where the battery charging station equipment is located within
accessible reach of abarrierfree a access aisle minimum 44inch width and the
electric vehicle
1804171 Battery charging station
Battery charging station means an electrical component assembly or clus
ter of component assemblies designed specifically to charge batteries within
Ordinance No 6365
June 13 2011
Page 2 of 9
ORD.D
electric vehicles which meet or exceed any standards codes and regulations
set forth by chapter 1928 RCW and consistent with rules adopted underRCW
1927540
1804172 Battery electric vehicle
Battery electric vehicle BEV means any vehicle that operates exclusively
on electrical energy from an offboard source that is stored in the vehicles batter
ies and produces zero tailpipe emissions or pollution when stationary or operat
ing
1804173 Battery exchange station
Battery exchange station means a fully automated facility that will enable
an electric vehicle with a swappable battery to enter a drive lane and exchange
the depletedbattery with a fully charged battery through a fully automated proc
ess which meets or exceeds any standards codes and regulations set forth by
chapter 1927 RCW and consistent with rules adopted under RCW 1927540
1804236 Charging levels
Charging levels means the standardized indicators of electrical force or
voltage at which an electric vehicles battery is recharged The terms 1 2 and 3
are the most common EV charging levels and include the following specifica
tions
Level 1 is considered slow charging
Level 2 is considered medium charging
Level 3 is considered fast or rapid charging
1804294 Designated Accessible Space
Designated Accessible Space means a required accessible parking space
designated for the exclusive use of parking vehicles with a State Disabled Park
ing Permit in accordance with WAC 5150005 the International Building Code
requirements for barrierfree accessibility
1804351 Electric scooters and motorcycles
Electric scooters and motorcycles means any 2 or 3wheel vehicle or
scooter or motor cycle under state law that operates exclusively on electrical en
ergy from an offboard source that is stored in the vehicles batteries and pro
duces zero emissions or pollution when stationary or operating
1804352 Electric vehicle
Electric vehicle means any vehicle that operates either partially or exclu
sively on electrical energy from the grid or an offboard source that is stored
onboard for motive purpose Electric vehicle includes 1 a battery electric ve
hicle 2 a plugin hybrid electric vehicle 3 a neighborhood electric vehicle and
4 a mediumspeed electric vehicle
Ordinance No 6365
June 13 2011
Page 3 of 9
ORD.D
1804353 Electric vehicle charging station
Electric vehicle charging station means a public or private parking space
that is served by battery charging station equipment that has as its primary pur
pose the transfer of electric energy by conductive or inductive means to a bat
tery or other energy storage device in an electric vehicle An electric vehicle
charging station equipped with Level 1 or Level 2 charging equipment is permit
ted outright as an accessory use to any principal use
1804354 Electric vehicle charging station restricted
Electric vehicle charging station restricted means an electric vehicle
charging station that is 1 privately owned and restricted access eg single
family home executive parking designated employee parking or 2 publicly
owned and restricted eg fleet parking with no access to the general public
1804356 Electric vehicle charging station public
Electric vehicle charging station public means an electric vehicle charg
ing station that is 1 publicly owned and publicly available eg Park Ride
parking public library parking lot onstreet parking or 2 privately owned and
publicly available eg shopping center parking nonreserved parking in multi
family parking lots
1804357 Electric vehicle infrastructure
Electric vehicle infrastructure means structures machinery and equip
ment necessary and integral to support an electric vehicle including battery
charging stations rapid charging stations and battery exchange stations
1804358 Electric vehicle parking space
Electric vehicle parking space means any marked parking space that iden
tifies the use to be exclusively for the parking of an electric vehicle
1804619 Mediumspeed electric vehicle
Mediumspeed electric vehicle means a selfpropelled electrically pow
ered fourwheeled motor vehicle equipped with a roll cage or crushproof body
design whose speed attainable in one mile is more than 25 miles per hour but
not more than 35 miles per hour and otherwise meets or exceeds the federal
regulations set forth in 49 CFR Sec 571500
1804643 Neighborhood electric vehicle
Neighborhood electric vehicle means a selfpropelled electrically powered
fourwheeled motor vehicle whose speed attainable in one mile is more than 20
miles per hour and not more than 25 miles per hour and conforms to federal reg
ulations under Title 49 CFR Part 571500
Ordinance No 6365
June 13 2011
Page 4 of 9
ORD.D
1804649 Nonelectric vehicle
Nonelectric vehicle means any motor vehicle that does not meet the defi
nition of electric vehicle
1804741 Plugin hybrid electric vehicle
Plugin hybrid electric vehicle PHEV means an electric vehicle that 1
contains an internal combustion engine and also allows power to be delivered to
drive wheels by an electric motor 2 charges its battery primarily by connecting
to the grid or other offboard electrical source 3 may additionally be able to
sustain battery charge using an onboard internalcombustiondriven generator
and 4 has the ability to travel powered by electricity
1804779 Rapid charging station
Rapid charging station means an industrial grade electrical outlet that al
lows for faster recharging of electric vehicle batteries through higher power levels
and that meets or exceeds any standards codes and regulations set forth by
chapter 1928 RCW and consistent with rules adopted under RCW 1927540
Section 2 New Chapter to City Code That a new Chapter 1847 of the
Auburn City Code be and the same hereby is created to read as follows
Chapter 1847
Electric Vehicle Infrastructure
Sections
1847010 Purpose
1847020 Permitted locations
1847030 Required facilities Electric Vehicle Charging Station Spaces
1847040 Electric Vehicle Charging Stations Generally
1847050 Accessible Electric Vehicle Charging Stations Quantity and Loca
tion
1847060 Off Street Parking Electric Vehicle Charging Stations
1847070 Signage Noticing of Electric Vehicle Charging Stations
1847010 Purpose
The purpose of this Chapter is to eliminate obstacles to a transition to electric
vehicle use by allowing the establishment of a convenient and costeffective electric ve
hicle infrastructure Where no conflict exists all other City Code provisions shall be in
force as to Electrical Vehicle Charging Stations as applicable
Ordinance No 6365
June 13 2011
Page 5 of 9
ORD.D
1847020 Permitted locations
Zoning District
PUD R7 M1
EVI Type RC R10 Cl M2
R1 R16 CN C2 BO I
R5 R20 RO DUC C3 EP P1
EV Charging P3 P3 P P P P P
Station 2
Rapid Charging P5 P5 P P P P P
Station a
Battery Exchange X X X X P P P
Station
P Use is permitted X Use is not allowed in the given zoning district
Development Standards
1 Level 1 and Level 2 charging only
2 Level 1 and Level 2 charging are permitted in aquifer recharge areas and in oth
er critical areas when serving an existing use
3 Allowed only as accessory to a principal outright permitted use or permitted con
ditional use
4 The term Rapid is used interchangeably with Level 3 and Fast Charging
5 Only electric vehicle charging stations restricted as defined in 1847028
1847030 Required facilities Electric Vehicle Charging Station Spaces
The installation or use of electric vehicle charging stations is not required as a
condition of any development
1847040 Electric Vehicle Charging Stations Generally
A Electric vehicle charging stations are reserved for parking and charging
electric vehicles only
B Electric vehicles may be parked in any space designated for public park
ing subject to the restrictions that would apply to any other vehicle that would park in
that space
1847050 Accessible Electric Vehicle Charging Stations Quantity and Location
Where electric vehicle charging stations are provided in parking lots or parking
garages accessible electric vehicle charging stations shall be provided as follows
A Accessible electric vehicle charging stations shall be provided in the ratios
shown on the following table
Ordinance No 6365
June 13 2011
Page 6 of 9
ORD.D
1
Number of Minimum Accessible
EV Charging Stations EV Charging Stations
150 1
51100 2
101150 3
151200 4
201250 5
251300 6
B Accessible electric vehicle charging stations should be located in close
proximity to the building or facility entrance and shall be connected to a barrierfree ac
cessible route of travel It is not necessary to designate the accessible electric vehicle
charging station exclusively for the use of disabled persons
1847060 Off Street Parking Electric Vehicle ChargingStations
To ensure an effective installation of electric vehicle charging stations the regu
lations inthis subsection provide a framework for when a private property owner choos
es to provide electric vehicle charging stations
A Scope For all parking lots or garages except those that include restricted
electric vehicle charging stations restricted
B Number No minimm number of charging station spaces is required
C Minimum Parking Requirements An electric vehicle Charging station
space may be included in the calculation for minimum required parking spaces that are
required pursuant to other provisions of code
D Location and Design CriteriaThe provision of electric vehicle parking will
vary based on the design and use of the primary parking lot The following required and
additional locational and design criteria are provided in recognition of the various park
ing lot layout options
1 Where provided parking for electric vehicle charging purposes is
required to include the following
a Signage Each charging station space shall be posted with
signage indicating the space is only for electric vehicle charging purposes
Days and hours of operations shall be included if time limits or tow away
provisions are to be enforced
b Maintenance Charging station equipment should be main
tained in all respects including the functioning of the charging equipment
A phone numberor other contact information shall be provided on the
charging station equipment for reporting when the equipment is not func
tioning or other problems are encountered
c Accessibility Where charging station equipment is provided
within an adjacent pedestrian circulation area such as a sidewalk or ac
cessible route to the building entrance the charging equipment shall be
located so as not to interfere with accessibility requirements
d Lighting Where charging station equipment is installed
adequate site lighting should exist unless charging is for daytime pur
poses only
Ordinance No 6365
June 13 2011
Page 7 of 9
ORD.D
2 Parking for electric vehicles shouldalso consider the following
a Notification Information on the charging station identifying
voltage and amperage levels and any time of use fees or safety informa
tion
b Signage Installation of directional signs at the parking lot en
trance and at appropriate decision points to effectively guide motorists to
the charging station spaces
E Data Collection To allow for maintenance and notification the City will
require the owners of any private new electric vehicle infrastructure station that will be
publicly available see definition electric vehicle charging station public to provide
information on the stations geographic location date of installation equipment type and
model and owner contact information
1847070 Signage Noticing of Electric Vehicle Charging Stations
A Upon adoption the City shall require appropriate signs and marking to be
placed in and around electric vehicle charging station spaces indicating prominently
thereon the parking regulations The signs shall definetime limits and hours of opera
tion as applicable shall state that the parking space is reserved for charging electric
vehicles and that an electric vehicle may only park in the space for charging purposes
B Public use stations
1 Electric vehicle charging stations available for public use should
have posted signage as identified in this subsection allowing only charging elec
tric vehicles to park in such spaces For purposes of this subsection charging
means that an electric vehicle is parked at an electric vehicle charging station
and is connected to the charging station equipment
Example of possible signage to demarcate an Offstreet Parking Space with
Charging Station Equipment
ELECTRIC
VEHICLE
CHARGING EXCEPT FOR
ELECTRIC
L
STATION
VEHICLE
CHARGING
Ordinance No 6365
June 13 2011
Page 8 of 9
ORD.D
Section 3 Implementation The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation
Section 4 Severability The provisions of this ordinance are declared to be
separate and severable The invalidity of any clause sentence paragraph subdivision
section or portion of this ordinance or the invalidity of the application thereof to any per
son or circumstance shall not affect the validity of the remainder of this ordinance or the
validity of its application to other persons or circumstances
Section 5 Effective date This ordinance shall take effect and be in force five
days from and after its passage approval and publication as provided by law
INTRODUCED
PASSED
APPROVED
CITY OF AUBURN
PETER B LEWIS
MAYOR
ATTEST
Danielle E Daskam City Clerk
APP ED S TO FO
14Ej
Daniel B Hei ity Attorney
Published
Ordinance No 6365
June 13 2011
Page 9 of 9
ORD.D
H-0499.2_____________________________________________
HOUSE BILL 1481
_____________________________________________
State of Washington61st Legislature2009 Regular Session
By Representatives Eddy, Crouse, McCoy, Haler, Carlyle, Armstrong,
Hunt, White, Dunshee, Priest, Appleton, Orwall, Rolfes, Hudgins,
Hinkle, Upthegrove, Clibborn, Morrell, Ormsby, Kenney, Maxwell,
Dickerson, and Pedersen
Read first time 01/21/09. Referred to Committee on Technology, Energy
& Communications.
1AN ACT Relating to electric vehicles; amending RCW 43.19.648 and
243.330.310; adding a new section to chapter 84.36 RCW; adding a new
3section to chapter 82.29A RCW; adding a new section to chapter 82.04
4RCW; adding a new section to chapter 82.08 RCW; adding a new section to
5chapter 82.12 RCW; adding a new section to chapter 82.14 RCW; adding a
6new section to chapter 79.13 RCW; adding new sections to chapter 43.19
7RCW; adding a new section to chapter 35.92 RCW; adding a new section to
8chapter 54.16 RCW; adding a new section to chapter 80.28 RCW; adding a
9new section to chapter 28C.18 RCW; adding new sections to chapter
1043.21C RCW; adding new sections to chapter 19.27 RCW; adding a new
11section to chapter 36.70A RCW; adding a new section to chapter 43.63A
12RCW; adding a new chapter to Title 43 RCW; and providing expiration
13dates.
14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
15 NEW SECTION. Sec. 1. The legislature finds the development of
16electric vehicle infrastructure to be a critical step in creating jobs,
17fostering economic growth, reducing greenhouse gas emissions, and
18stemming the effects of climate change in Washington state. Limited
19driving distance between battery charges is a fundamental disadvantage
p. 1HB 1481ORD.D
1and obstacle to broad consumer adoption of vehicles powered by
2electricity. In order to eliminate this fundamental disadvantage and
3dramatically increase consumer acceptance and usage of electric
4vehicles, it is essential that an infrastructure of convenient electric
5vehicle charging opportunities be developed. The purpose of this act
6is to encourage the transition to electric vehicle use and to expedite
7the establishment of a convenient, cost-effective, electric vehicle
8infrastructure that such a transition necessitates. The state's
9success in encouraging this transition will serve as an economic
10stimulus to the creation of short-term and long-term jobs as the entire
11automobile industry and its associated direct and indirect jobs
12transform over time from combustion to electric vehicles.
13 NEW SECTION. Sec. 2. A new section is added to chapter 84.36 RCW
14to read as follows:
15(1) The assessed value of any property for purposes of taxes
16collected under chapters 84.52 and 84.55 RCW must be determined without
17regard to any electric vehicle infrastructure that may be installed
18thereon.
19(2) The definitions in this subsection apply throughout this
20section unless the context clearly requires otherwise.
21(a) "Electric vehicle" means a passenger vehicle that uses
22electricity as its primary source of power, such as a plug-in electric
23vehicle or plug-in hybrid electric vehicle.
24(b) "Electric vehicle infrastructure" means structures, labor,
25machinery, equipment, circuitry, and electrical appliances necessary to
26support an electric vehicle, including battery recharging stations and
27outlets and battery exchange stations.
28 NEW SECTION. Sec. 3. A new section is added to chapter 82.29A RCW
29to read as follows:
30(1) Leasehold excise tax may not be imposed on leases to tenants of
31public lands for purposes of installing, maintaining, and operating
32electric vehicle infrastructure.
33(2) The definitions in this subsection apply throughout this
34section unless the context clearly requires otherwise.
35(a) "Electric vehicle" means a passenger vehicle that uses
HB 1481p. 2ORD.D
1electricity as its primary source of power, such as a plug-in electric
2vehicle or plug-in hybrid electric vehicle.
3(b) "Electric vehicle infrastructure" means structures, labor,
4machinery, equipment, circuitry, and electrical appliances necessary to
5support an electric vehicle, including battery recharging stations and
6outlets and battery exchange stations.
7 NEW SECTION. Sec. 4. A new section is added to chapter 82.04 RCW
8to read as follows:
9(1) When the state and any local jurisdiction imposes a business
10and occupation tax, there may be deducted from the basis of tax those
11costs relating directly to the installation of electric vehicle
12infrastructure incurred by businesses. The deduction may be taken
13commencing in the year the costs are incurred and thereafter for each
14of the following ten years, or until the deduction equals the amount of
15such costs.
16(2) The definitions in this subsection apply throughout this
17section unless the context clearly requires otherwise.
18(a) "Electric vehicle" means a passenger vehicle that uses
19electricity as its primary source of power, such as a plug-in electric
20vehicle or plug-in hybrid electric vehicle.
21(b) "Electric vehicle infrastructure" means structures, labor,
22machinery, equipment, circuitry, and electrical appliances necessary to
23support an electric vehicle, including battery recharging stations and
24outlets and battery exchange stations.
25(3) This section expires December 31, 2019.
26 NEW SECTION. Sec. 5. A new section is added to chapter 82.08 RCW
27to read as follows:
28(1) The tax levied by RCW 82.08.020 does not apply to the sale of
29electric vehicles or electric vehicle batteries or to the installation
30of electric vehicle infrastructure and its installation.
31(2) For the purposes of this section, "electric vehicle" means a
32passenger vehicle that uses electricity as its primary source of power,
33such as a plug-in electric vehicle or plug-in hybrid electric vehicle.
34(3) For purposes of this section, "electric vehicle infrastructure"
35means structures, labor, machinery, equipment, circuitry, and
p. 3HB 1481ORD.D
1electrical appliances necessary to support an electric vehicle,
2including battery recharging stations and outlets and battery exchange
3stations.
4(4) This section expires December 31, 2019.
5 NEW SECTION. Sec. 6. A new section is added to chapter 82.12 RCW
6to read as follows:
7(1) The provisions of this chapter do not apply with respect to the
8use of electric vehicles or electric vehicle batteries or to the use of
9electric vehicle infrastructure and its installation.
10(2) For the purposes of this section, "electric vehicle" means a
11passenger vehicle that uses electricity as its primary source of power,
12such as a plug-in electric vehicle or plug-in hybrid electric vehicle.
13(3) For purposes of this section, "electric vehicle infrastructure"
14means structures, labor, machinery, equipment, circuitry, and
15electrical appliances necessary to support an electric vehicle,
16including battery recharging stations and outlets and battery exchange
17stations.
18(4) This section expires December 31, 2019.
19 NEW SECTION. Sec. 7. A new section is added to chapter 82.14 RCW
20to read as follows:
21(1) The tax levied under the provisions of this chapter does not
22apply to the sale of electric vehicles or electric vehicle batteries or
23to the installation of electric vehicle infrastructure.
24(2) For the purposes of this section, "electric vehicle" means a
25passenger vehicle that uses electricity as its primary source of power,
26such as a plug-in electric vehicle or plug-in hybrid electric vehicle.
27(3) For purposes of this section, "electric vehicle infrastructure"
28means structures, labor, machinery, equipment, circuitry, and
29electrical appliances necessary to support an electric vehicle,
30including battery recharging stations and outlets and battery exchange
31stations.
32(4) This section expires December 31, 2019.
33 NEW SECTION. Sec. 8. A new section is added to chapter 79.13 RCW
34under the subchapter heading "general provisions" to read as follows:
35(1) The state and any local government, including any housing
HB 1481p. 4ORD.D
1authority, is authorized to lease land owned by such an entity to any
2person for purposes of installing, maintaining, and operating an
3electric vehicle charging facility or electric vehicle infrastructure,
4for a term not in excess of fifty years, for rent of not less than one
5dollar per year, and with such other terms as the public entity's
6governing body determines in its sole discretion.
7(2) The definitions in this subsection apply throughout this
8section unless the context clearly requires otherwise.
9(a) "Electric vehicle" means a passenger vehicle that uses
10electricity as its primary source of power, such as a plug-in electric
11vehicle or plug-in hybrid electric vehicle.
12(b) "Electric vehicle infrastructure" means structures, labor,
13machinery, equipment, circuitry, and electrical appliances necessary to
14support an electric vehicle, including battery recharging stations and
15outlets and battery exchange stations.
16 Sec. 9. RCW 43.19.648 and 2007 c 348 s 202 are each amended to
17read as follows:
18(1) Effective June 1, 2015, all state agencies and local government
19subdivisions of the state, to the extent determined practicable by the
20rules adopted by the department of community, trade, and economic
21development pursuant to RCW 43.325.080, are required to satisfy one
22hundred percent of their fuel usage for operating publicly owned
23vessels, vehicles, and construction equipment from electricity or
24biofuel.
25(2) In order to phase in this transition, all state agencies and
26 local governmental subdivisions of the state, to the extent determined
27 practicable by the department of community, trade, and economic
28 development by rules adopted pursuant to RCW 43.325.080, are required
29 to achieve fuel usage for operating publicly owned vessels, vehicles,
30 and construction equipment from electricity or biofuel in at least the
31 following stages:
32 (a) Ten percent by December 31, 2012;
33 (b) Twenty percent by December 31, 2013;
34 (c) Forty percent by December 31, 2014;
35 (d) Sixty percent by December 31, 2015; and
36 (e) One hundred percent by December 31, 2016.
p. 5HB 1481ORD.D
1 (3) Except for cars owned or operated by the Washington state
2patrol, when tires on vehicles in the state's motor vehicle fleet are
3replaced, they must be replaced with tires that have the same or better
4rolling resistance as the original tires.
5 NEW SECTION. Sec. 10. A new section is added to chapter 43.19 RCW
6to read as follows:
7(1) By December 31, 2015, the state must, to the extent
8practicable, install charging outlets to the specifications dictated by
9the governing standards bodies capable of charging a fleet of all
10electric vehicles in each of the state's fleet parking and maintenance
11facilities.
12(2) By December 31, 2015, the state must, to the extent
13practicable, install charging outlets capable of charging electric
14vehicles in each state-owned highway rest stop.
15(3) By December 31, 2015, the state must install or lease space for
16the installation of a battery exchange station capable of exchanging
17and recharging removable battery sets for use in all electric vehicles
18in appropriate state-owned highway rest stops.
19(4) Electric vehicle charging outlets and infrastructure must
20conform to rules adopted under section 24 of this act.
21(5) For the purposes of this section, "electric vehicle" means a
22passenger vehicle that uses electricity as its primary source of power,
23such as a plug-in electric vehicle or plug-in hybrid electric vehicle.
24 NEW SECTION. Sec. 11. A new section is added to chapter 35.92 RCW
25to read as follows:
26(1) Municipal utilities under this chapter are encouraged to secure
27the environmental benefits of all electric vehicle use by utilizing all
28electric vehicles for their own vehicle fleets and by promoting the use
29of all electric vehicles by others to take advantage of the
30opportunities that electric vehicle use has for effectively storing
31intermittent generation of electricity by renewable generating
32resources, such as solar and wind, and for shifting recharge demands to
33off-peak periods.
34(2) For the purposes of this section, "electric vehicle" means a
35passenger vehicle that uses electricity as its primary source of power,
36such as a plug-in electric vehicle or plug-in hybrid electric vehicle.
HB 1481p. 6ORD.D
1 NEW SECTION. Sec. 12. A new section is added to chapter 54.16 RCW
2to read as follows:
3(1) Public utility districts under this chapter are encouraged to
4secure the environmental benefits of all electric vehicle use by
5utilizing all electric vehicles for their own vehicle fleets and by
6promoting the use of all electric vehicles by others to take advantage
7of the opportunities that electric vehicle use has for effectively
8storing intermittent generation of electricity by renewable generating
9resources, such as solar and wind, and for shifting recharge demands to
10off-peak periods.
11(2) For the purposes of this section, "electric vehicle" means a
12passenger vehicle that uses electricity as its primary source of power,
13such as a plug-in electric vehicle or plug-in hybrid electric vehicle.
14 NEW SECTION. Sec. 13. A new section is added to chapter 80.28 RCW
15to read as follows:
16(1) Investor-owned electric utilities under this chapter are
17encouraged to secure the environmental benefits of all electric vehicle
18use by utilizing all electric vehicles for their own vehicle fleets and
19by promoting the use of all electric vehicles by others to take
20advantage of battery recharge electric use and the opportunities that
21electric vehicle use has for effectively storing intermittent
22generation of electricity by renewable generating resources, such as
23solar and wind, and for use of off-peak power.
24(2) For the purposes of this section, "electric vehicle" means a
25passenger vehicle that is a plug-in electric vehicle or plug-in hybrid
26vehicle.
27 NEW SECTION. Sec. 14. A new section is added to chapter 28C.18
28RCW to read as follows:
29The board shall:
30(1) Facilitate collaboration among stakeholders to develop the
31workforce needed to transform and support an electrified transportation
32network and vehicle fleet;
33(2) In collaboration with stakeholders, establish and maintain a
34state strategic plan for ensuring an adequate supply of workers to
35transform and support an electrified transportation network and vehicle
36fleet in Washington state; and
p. 7HB 1481ORD.D
1(3) Report to the governor and legislature by December 31, 2010,
2and annually thereafter, on progress on the state plan and make
3additional recommendations as necessary.
4 Sec. 15. RCW 43.330.310 and 2008 c 14 s 9 are each amended to read
5as follows:
6(1) The legislature establishes a comprehensive green economy jobs
7growth initiative based on the goal of, by 2020, increasing the number
8of green economy jobs to twenty-five thousand from the eight thousand
9four hundred green economy jobs the state had in 2004.
10(2) The department, in consultation with the employment security
11department, the state workforce training and education coordinating
12board, the state board ((of [for])) for community and technical
13colleges, and the higher education coordinating board, shall develop a
14defined list of terms, consistent with current workforce and economic
15development terms, associated with green economy industries and jobs.
16(3)(a) The employment security department, in consultation with the
17department, the state workforce training and education coordinating
18board, the state board for community and technical colleges, the higher
19education coordinating board, Washington State University small
20business development center, and the Washington State University
21extension energy program, shall conduct labor market research to
22analyze the current labor market and projected job growth in the green
23economy, the current and projected recruitment and skill requirement of
24green economy industry employers, the wage and benefits ranges of jobs
25within green economy industries, and the education and training
26requirements of entry-level and incumbent workers in those industries.
27(b) The University of Washington business and economic development
28center shall: Analyze the current opportunities for and participation
29in the green economy by minority and women-owned business enterprises
30in Washington; identify existing barriers to their successful
31participation in the green economy; and develop strategies with
32specific policy recommendations to improve their successful
33participation in the green economy. The research may be informed by
34the research of the Puget Sound regional council prosperity
35partnership, as well as other entities. The University of Washington
36business and economic development center shall report to the
HB 1481p. 8ORD.D
1appropriate committees of the house of representatives and the senate
2on their research, analysis, and recommendations by December 1, 2008.
3(4) Based on the findings from subsection (3) of this section, the
4employment security department, in consultation with the department and
5taking into account the requirements and goals of chapter 14, Laws of
62008 and other state clean energy and energy efficiency policies, shall
7propose which industries will be considered high-demand green
8industries, based on current and projected job creation and their
9strategic importance to the development of the state's green economy.
10The employment security department and the department shall take into
11account which jobs within green economy industries will be considered
12high-wage occupations and occupations that are part of career pathways
13to the same, based on family-sustaining wage and benefits ranges.
14These designations, and the results of the employment security
15department's broader labor market research, shall inform the planning
16and strategic direction of the department, the state workforce training
17and education coordinating board, the state board for community and
18technical colleges, and the higher education coordinating board.
19(5) The department shall identify emerging technologies and
20innovations that are likely to contribute to advancements in the green
21economy, including the activities in designated innovation partnership
22zones established in RCW 43.330.270.
23(6) The department, consistent with the priorities established by
24the state economic development commission, shall:
25(a) Develop targeting criteria for existing investments, and make
26recommendations for new or expanded financial incentives and
27comprehensive strategies, to recruit, retain, and expand green economy
28industries and small businesses; and
29(b) Make recommendations for new or expanded financial incentives
30and comprehensive strategies to stimulate research and development of
31green technology and innovation, including designating innovation
32partnership zones linked to the green economy.
33(7) For the purposes of this section, "target populations" means
34(a) entry-level or incumbent workers in high-demand green industries
35who are in, or are preparing for, high-wage occupations; (b) dislocated
36workers in declining industries who may be retrained for high-wage
37occupations in high-demand green industries; (c) dislocated
38agriculture, timber, or energy sector workers who may be retrained for
p. 9HB 1481ORD.D
1high-wage occupations in high-demand green industries; (d) eligible
2veterans or national guard members; (e) disadvantaged populations; or
3(f) anyone eligible to participate in the state opportunity grant
4program under RCW 28B.50.271.
5(8) The legislature directs the state workforce training and
6education coordinating board to create and pilot green industry skill
7panels. These panels shall consist of business representatives from
8industry sectors related to clean energy, labor unions representing
9workers in those industries or labor affiliates administering state-
10approved, joint apprenticeship programs or labor-management partnership
11programs that train workers for these industries, state and local
12veterans agencies, employer associations, educational institutions, and
13local workforce development councils within the region that the panels
14propose to operate, and other key stakeholders as determined by the
15applicant. Any of these stakeholder organizations are eligible to
16receive grants under this section and serve as the intermediary that
17convenes and leads the panel. Panel applicants must provide labor
18market and industry analysis that demonstrates high demand, or demand
19of strategic importance to the development of the state's clean energy
20economy as identified in this section, for high-wage occupations, or
21occupations that are part of career pathways to the same, within the
22relevant industry sector. The panel shall:
23(a) Conduct labor market and industry analyses, in consultation
24with the employment security department, and drawing on the findings of
25its research when available;
26(b) Plan strategies to meet the recruitment and training needs of
27the industry and small businesses; and
28(c) Leverage and align other public and private funding sources.
29(9) The green industries jobs training account is created in the
30state treasury. Moneys from the account must be utilized to supplement
31the state opportunity grant program established under RCW 28B.50.271.
32All receipts from appropriations directed to the account must be
33deposited into the account. Expenditures from the account may be used
34only for the activities identified in this subsection. The state board
35for community and technical colleges, in consultation with the state
36workforce training and education coordinating board, informed by the
37research of the employment security department and the strategies
HB 1481p. 10ORD.D
1developed in this section, may authorize expenditures from the account.
2The state board for community and technical colleges must distribute
3grants from the account on a competitive basis.
4(a)(i) Allowable uses of these grant funds, which should be used
5when other public or private funds are insufficient or unavailable, may
6include:
7(A) Curriculum development;
8(B) Transitional jobs strategies for dislocated workers in
9declining industries who may be retrained for high-wage occupations in
10green industries;
11(C) Workforce education to target populations; and
12(D) Adult basic and remedial education as necessary linked to
13occupation skills training.
14(ii) Allowable uses of these grant funds do not include student
15assistance and support services available through the state opportunity
16grant program under RCW 28B.50.271.
17(b) Applicants eligible to receive these grants may be any
18organization or a partnership of organizations that has demonstrated
19expertise in:
20(i) Implementing effective education and training programs that
21meet industry demand; and
22(ii) Recruiting and supporting, to successful completion of those
23training programs carried out under these grants, the target
24populations of workers.
25(c) In awarding grants from the green industries jobs training
26account, the state board for community and technical colleges shall
27give priority to applicants that demonstrate the ability to:
28(i) Use labor market and industry analysis developed by the
29employment security department and green industry skill panels in the
30design and delivery of the relevant education and training program, and
31otherwise utilize strategies developed by green industry ((skills
32 [skill])) skill panels;
33(ii) Leverage and align existing public programs and resources and
34private resources toward the goal of recruiting, supporting, educating,
35and training target populations of workers;
36(iii) Work collaboratively with other relevant stakeholders in the
37regional economy;
p. 11HB 1481ORD.D
1(iv) Link adult basic and remedial education, where necessary, with
2occupation skills training;
3(v) Involve employers and, where applicable, labor unions in the
4determination of relevant skills and competencies and, where relevant,
5the validation of career pathways; and
6(vi) Ensure that supportive services, where necessary, are
7integrated with education and training and are delivered by
8organizations with direct access to and experience with the targeted
9population of workers.
10 (10) Jobs created as a result of the need to transition to and
11 support an electrified transportation network and vehicle fleet under
12 this act are green economy jobs for the purposes of this section.
13 NEW SECTION. Sec. 16. (1) The state preempts the regulation of
14electric vehicle infrastructure except as specified in section 21 of
15this act, provided that local jurisdictions retain their traditional
16regulatory permitting authority for administrative permit issuance,
17such as electrical and building permits. The proprietary interests of
18a local or state authority are not affected by this provision.
19(2) The definitions in this subsection apply throughout this
20section unless the context clearly requires otherwise.
21(a) "Electric vehicle" means a passenger vehicle that uses
22electricity as its primary source of power, such as a plug-in electric
23vehicle or plug-in hybrid electric vehicle.
24(b) "Electric vehicle infrastructure" means structures, labor,
25machinery, equipment, circuitry, and electrical appliances necessary to
26support an electric vehicle, including battery recharging stations and
27outlets and battery exchange stations.
28 NEW SECTION. Sec. 17. (1) Counties with a population over five
29hundred thousand must create an implementation schedule for local
30jurisdictions, with a goal to have the county's private and public
31parking spaces electric vehicle ready in at least the following stages:
32(a) Two percent by December 31, 2013;
33(b) Five percent by December 31, 2015; and
34(c) Ten percent by December 31, 2018.
35(2) For the purposes of this section, "electric vehicle" means a
HB 1481p. 12ORD.D
1passenger vehicle that uses electricity as its primary source of power,
2such as a plug-in electric vehicle or plug-in hybrid electric vehicle.
3 NEW SECTION. Sec. 18. A new section is added to chapter 43.21C
4RCW to read as follows:
5(1) The siting, permitting, and installation of electric vehicle
6infrastructure are not subject to the requirements of RCW
743.21C.030(2)(c) except as indicated in subsection (2) of this section.
8(2) The siting, permitting, and construction of electric vehicle
9battery exchange stations are not subject to the requirements of RCW
1043.21C.030(2)(c) except to the extent that:
11(a) The use or construction exceeds the maximum levels specified in
12WAC 197-11-800(1)(c); or
13(b) The use is in or over water or other critical areas.
14(3) All state, regional, and local governmental entities, including
15housing authorities, may use an environmental impact statement adopted
16under section 22 of this act as an existing environmental document in
17accordance with the provisions of RCW 43.21C.034.
18(4) The definitions in this subsection apply throughout this
19section unless the context clearly requires otherwise.
20(a) "Electric vehicle" means a passenger vehicle that uses
21electricity as its primary source of power, such as a plug-in electric
22vehicle or plug-in hybrid electric vehicle.
23(b) "Electric vehicle infrastructure" means structures, labor,
24machinery, equipment, circuitry, and electrical appliances necessary to
25support an electric vehicle, including battery recharging stations and
26outlets and battery exchange stations.
27 NEW SECTION. Sec. 19. A new section is added to chapter 43.19 RCW
28to read as follows:
29(1) All new state, regional, and local government and housing
30authority construction, including construction of buildings to be
31leased in whole or in part to a governmental entity, must to the extent
32practicable include electric vehicle infrastructure in publicly
33available parking and in government fleet vehicle parking. This
34includes park and ride facilities. The department of general
35administration, in conjunction with the department of community, trade,
36and economic development shall adopt required ratios of charge spots to
p. 13HB 1481ORD.D
1parking based on the type of facility or building. These parking
2spaces must be reserved for and exclusively used by electric vehicles.
3New public universities and colleges, commercial passenger airports,
4park and rides, ferry terminals, and any government agency site
5associated with four hundred or more parking spaces must provide space
6for an exchange station.
7(2)(a) Governmental entities operating existing park and ride and
8off-street parking facilities in counties with a population over five
9hundred thousand shall to the extent practicable arrange for parking
10spaces to be electric vehicle ready in at least the following stages:
11(i) Two percent by December 31, 2013;
12(ii) Five percent by December 31, 2015; and
13(iii) Ten percent by December 31, 2018.
14(b) Installation costs must to the extent practicable be paid by
15electric vehicle system operators or by the infrastructure owner.
16(3) All state, regional, and local governmental entities in
17counties with a population over five hundred thousand shall to the
18extent practicable arrange for installation of electric vehicle
19infrastructure at existing government facilities. Governmental
20entities shall require property owners to allow for electric vehicle
21infrastructure retrofitting when the entity is leasing existing
22facilities. The department of general administration, in conjunction
23with the department of community, trade, and economic development shall
24adopt required ratios of charge spots to parking based on the type of
25facility or building. Existing public universities and colleges,
26commercial passenger airports, park and rides, ferry terminals, and any
27government agency site associated with four hundred or more parking
28spaces must provide space for an exchange station.
29(4) The state department of transportation shall allow construction
30of large electric vehicle infrastructure, such as exchange and quick
31charging stations in or adjacent to appropriate state highway rest
32stops and weigh stations. Construction costs of exchange and quick
33charging stations must be borne by an electric vehicle system operator
34or the infrastructure owner.
35(5) Local jurisdictions shall allow to the extent practicable an
36electric vehicle system operator or the infrastructure owner to install
37battery recharging stations or outlets in garages, on public streets,
HB 1481p. 14ORD.D
1on public sidewalks, and in on-site parking associated with municipal
2buildings.
3(6) The definitions in this subsection apply throughout this
4section unless the context clearly requires otherwise.
5(a) "Electric vehicle" means a passenger vehicle that uses
6electricity as its primary source of power, such as a plug-in electric
7vehicle or plug-in hybrid electric vehicle.
8(b) "Electric vehicle infrastructure" means structures, labor,
9machinery, equipment, circuitry, and electrical appliances necessary to
10support an electric vehicle, including battery recharging stations and
11outlets and battery exchange stations.
12(c) "Electric vehicle system operator" means the entity controlling
13the electric vehicle infrastructure.
14 NEW SECTION. Sec. 20. A new section is added to chapter 19.27 RCW
15to read as follows:
16(1) Consistent with rules adopted under section 24 of this act, all
17new parking garages, parking lots, retail over twelve thousand square
18feet, office buildings, multifamily housing, and single-family homes
19must be constructed with the electric circuitry required to support
20electric vehicle charging infrastructure for every parking space.
21(2) Consistent with rules adopted under section 24 of this act,
22additions or alterations above four thousand square feet to existing
23retail space greater than twelve thousand square feet, or office
24buildings, and addition of one or more units or alteration of more than
25twenty-five percent of existing space in multifamily housing requires
26retrofitting of the structure to include the electric circuitry
27required to support electric vehicle infrastructure in a proportional
28manner based on the ratio of associated parking to square footage. For
29example, an alteration of fifty percent of square footage requires the
30retrofitting of fifty percent of the structure's associated parking
31spaces. Calculation of the number of parking spaces to be retrofitted
32must be rounded up to the nearest whole number.
33(3) Electric vehicle charging infrastructure must conform to rules
34adopted under section 24 of this act.
35(4) The definitions in this subsection apply throughout this
36section unless the context clearly requires otherwise.
p. 15HB 1481ORD.D
1(a) "Electric vehicle" means a passenger vehicle that uses
2electricity as its primary source of power, such as a plug-in electric
3vehicle or plug-in hybrid electric vehicle.
4(b) "Electric vehicle infrastructure" means structures, labor,
5machinery, equipment, circuitry, and electrical appliances necessary to
6support an electric vehicle, including battery recharging stations and
7outlets and battery exchange stations.
8(c) "Electric vehicle system operator" means the entity controlling
9the electric vehicle infrastructure.
10 NEW SECTION. Sec. 21. A new section is added to chapter 36.70A
11RCW to read as follows:
12(1) Local jurisdictions in counties with population greater than
13five hundred thousand must require as a condition of development that
14all proposed new commercial and multifamily development with adjacent
15on-street parking install appropriate circuitry to support electric
16vehicle infrastructure in all adjacent spots and active charge spots in
17ten percent of adjacent parking spaces that are directly related to the
18vehicular transportation needs generated by the proposed development.
19(2) Local jurisdictions in counties with population greater than
20five hundred thousand must require as a condition of development that
21all additions to commercial and multifamily development above four
22thousand square feet with adjacent on-street parking install
23appropriate circuitry to support electric vehicle infrastructure in all
24adjacent spots and active charge spots in ten percent of adjacent
25parking spaces that are directly related to the vehicular
26transportation needs generated by the proposed development.
27(3) By June 1, 2010, local jurisdictions in counties with
28population greater than five hundred thousand shall allow battery
29recharging stations as a permitted use and battery exchange stations as
30a permitted use in all mixed-use and nonresidential zones. County or
31city amendments of development regulations or comprehensive plans to
32comply with this subsection are not subject to appeal by petition to
33the growth management hearings board and are not subject to the
34requirements of RCW 43.21C.030(2)(c).
35(4) Local jurisdictions are authorized to adopt incentive systems
36to encourage the retrofitting of existing structures with the electric
37circuitry required to support electric vehicle charging infrastructure.
HB 1481p. 16ORD.D
1Incentives may include transferable development rights for use in urban
2growth areas. Any incentive program under this section must be
3approved by the department of community, trade, and economic
4development. Incentives may not be granted under this section after
5December 31, 2020, but a local jurisdiction's incentive program may
6allow for a validly granted incentive to be exercised after December
731, 2020.
8(5) The definitions in this subsection apply throughout this
9section unless the context clearly requires otherwise.
10(a) "Electric vehicle" means a passenger vehicle that uses
11electricity as its primary source of power, such as a plug-in electric
12vehicle or plug-in hybrid electric vehicle.
13(b) "Electric vehicle infrastructure" means structures, labor,
14machinery, equipment, circuitry, and electrical appliances necessary to
15support an electric vehicle, including battery recharging stations and
16outlets and battery exchange stations.
17 NEW SECTION. Sec. 22. A new section is added to chapter 43.21C
18RCW to read as follows:
19(1) Local jurisdictions in counties with population greater than
20five hundred thousand must require as a condition of development that
21all proposed new commercial and multifamily development with adjacent
22on-street parking install appropriate circuitry to support electric
23vehicle infrastructure in all adjacent spots and active charge spots in
24ten percent of adjacent parking spaces that are directly related to the
25vehicular transportation needs generated by the proposed development.
26(2) Local jurisdictions in counties with population greater than
27five hundred thousand must require as a condition of development that
28all additions to commercial and multifamily development above four
29thousand square feet with adjacent on-street parking install
30appropriate circuitry to support electric vehicle infrastructure in all
31adjacent spots and active charge spots in ten percent of adjacent
32parking spaces that are directly related to the vehicular
33transportation needs generated by the proposed development.
34(3) By June 1, 2010, local jurisdictions in counties with
35population greater than five hundred thousand shall allow battery
36recharging stations as a permitted use and battery exchange stations as
37a permitted use in all mixed-use and nonresidential zones. County or
p. 17HB 1481ORD.D
1city amendments of development regulations or comprehensive plans to
2comply with this subsection are not subject to appeal by petition to
3the growth management hearings board and are not subject to the
4requirements of RCW 43.21C.030(2)(c).
5(4) Local jurisdictions are authorized to adopt incentive systems
6to encourage the retrofitting of existing structures with the electric
7circuitry required to support electric vehicle charging infrastructure.
8Incentives may include transferable development rights for use in urban
9growth areas. Any incentive program under this section must be
10approved by the department of community, trade, and economic
11development. Incentives may not be granted under this section after
12December 31, 2020, but a local jurisdiction's incentive program may
13allow for a validly granted incentive to be exercised after December
1431, 2020.
15(5) The definitions in this subsection apply throughout this
16section unless the context clearly requires otherwise.
17(a) "Electric vehicle" means a passenger vehicle that uses
18electricity as its primary source of power, such as a plug-in electric
19vehicle or plug-in hybrid electric vehicle.
20(b) "Electric vehicle infrastructure" means structures, labor,
21machinery, equipment, circuitry, and electrical appliances necessary to
22support an electric vehicle, including battery recharging stations and
23outlets and battery exchange stations.
24 NEW SECTION. Sec. 23. A new section is added to chapter 43.63A
25RCW to read as follows:
26(1) The department of community, trade, and economic development
27shall provide technical assistance to local governments in integrating
28the provisions of this act into their existing zoning codes and other
29development regulations.
30(2) By December 31, 2009, the department of community, trade, and
31economic development, pursuant to RCW 43.21C.030(2)(c), shall complete
32a nonproject environmental impact statement addressing the impacts of
33electric vehicle infrastructure that may be used by state agencies and
34local governments, including housing authorities, in permitting,
35installing, contracting for, or otherwise authorizing electric vehicle
36infrastructure. This nonproject environmental impact statement is not
37subject to legal challenge, administrative appeals, or judicial review.
HB 1481p. 18ORD.D
1(3) The department of community, trade, and economic development
2shall provide assistance to local jurisdictions in developing
3incentives for retrofitting existing structures with the electric
4circuitry required to support electric vehicle infrastructure as
5authorized in this act.
6(4) The definitions in this subsection apply throughout this
7section unless the context clearly requires otherwise.
8(a) "Electric vehicle" means a passenger vehicle that uses
9electricity as its primary source of power, such as a plug-in electric
10vehicle or plug-in hybrid electric vehicle.
11(b) "Electric vehicle infrastructure" means structures, labor,
12machinery, equipment, circuitry, and electrical appliances necessary to
13support an electric vehicle, including battery recharging stations and
14outlets and battery exchange stations.
15 NEW SECTION. Sec. 24. A new section is added to chapter 19.27 RCW
16to read as follows:
17(1) The state building code council shall adopt rules for electric
18vehicle infrastructure. Rules adopted by the council must consider
19applicable national and international standards.
20(2) The definitions in this subsection apply throughout this
21section unless the context clearly requires otherwise.
22(a) "Electric vehicle" means a passenger vehicle that uses
23electricity as its primary source of power, such as a plug-in electric
24vehicle or plug-in hybrid electric vehicle.
25(b) "Electric vehicle infrastructure" means structures, labor,
26machinery, equipment, circuitry, and electrical appliances necessary to
27support an electric vehicle, including battery recharging stations and
28outlets and battery exchange stations.
29 NEW SECTION. Sec. 25. Sections 1, 16, and 17 of this act
30constitute a new chapter in Title 43 RCW.
--- END ---
p. 19HB 1481ORD.D
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6366
Date:
June 14, 2011
Department:
Police
Attachments:
Ordinance No. 6366
Budget Impact:
$0
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6366.
Background Summary:
Auburnhas historically aggressively enforced impaired driving laws and as a result, has
one of the highest arrest rates for DUI in King County. State law authorizes cities to
recover the costs of emergency response from individuals convicted of violations of laws
prohibiting impaired driving. By adopting these changes to the City Code we would have
a mechanism to recoup a portion of these costs utilizing the funds generated for future
law enforcement activities.
O1.8
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Peloza Staff:Lee
Meeting Date:June 20, 2011 Item Number:ORD.E
AUBURN * MORE THAN YOU IMAGINEDORD.E
ORDINANCE NO 6 3 6 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN WASHINGTON CREATING A NEW
SECTION 1004015 OF THE AUBURN CITYCODE AND A
NEW CHAPTER 390 OF THE AUBURN CITY CODE
RELATING TO THE RECOUPMENT OF LAW
ENFORCEMENT COSTS FOR RESPONDING TO
INCIDENTS INVOLVING INTOXICATED PERSONS
WHEREAS the Auburn Police Department APD has been an active
participant in pursuit of traffic safety for a number of years and as a result of the APDs
activities Auburn has demonstrated a leadership position in coordinating lifesaving
activities through proactive DUI enforcement and
WHEREAS Auburn has one of the highest arrest rates for DUI in King and
Pierce County due to the strong commitment of the APD to enforce impaired driving
laws and
WHEREAS state law authorizes cities to recover the costs of emergency
response from individuals convicted of violations of laws prohibiting impaired driving
and
WHEREAS the Auburn City Council finds that it is in the best interests of the City
of Auburn to adopt legislation to provide for the recovery and administration of
emergency response costs incurred by APD for responding to impaired driving
violations and
WHEREAS the Auburn City Council further finds that it is in the best interests of
the City of Auburn that the Mayor have the authority to apply emergency response
dollars collected toward futurelaw enforcement activities
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON DO ORDAIN as follows
Section 1 INCORPORATION OF RECITALS The recitals set forth above are
incorporated herein by reference as if set forth in full in this section
Section 2 ADOPTION ON NEW SECTION TO CITY CODE That a new
Section 1004015 of the Auburn City Code is hereby created to read as follows
Ordinance No 6366
May 18 2011
Page 1
ORD.E
1004015 Additional Statutes Adopted
In addition to the Model Traffic Ordinance MTO and the statutes adopted
by reference therein the following sections of the Revised Code of Washington
RCW are adoptedby reference as currently enacted or as amended hereafter
3852430 Emergency response caused by persons intoxication Recovery
of costs from convicted persons
Section 3 ADOPTION ON NEW CHAPTER TO CITY CODE That a new
Chapter 390 of the Auburn City Code is hereby created to read as follows
Chapter 390
Emergency Response Costs
Sections
390010 Establishment of Driving under the Influence DUI Cost Recovery
Program
390020 Emergency response caused bypersons intoxication Recovery of
costs from convicted persona
390030 Collection Use
The text of the statute being adopted by reference is as follows
RCW 3852430 Emergency response caused by persons intoxication Recovery of costs from
convicted person
A person whose intoxication causes an incident resulting in an appropriate emergency response
and who in connection with the incident has been found guilty of or hashad their prosecution deferred
for 1 driving while under the influence of intoxicating liquor or any drug RCW 4661502 2 operating
an aircraft under the influence of intoxicants ordrugs RCW 4768220 3 use of a vessel while under the
influence of alcohol or drugs RCW 8812100 4 vehicular homicide while under the influence of
intoxicating liquor or any drug RCW 46615201a or 5 vehicular assault while under the influence of
intoxicating liquor or any drug RCW 4661522lbis liable for the expense of an emergency response
by a public agency to the incident
The expense of an emergency response is a charge against the person liable for expenses under
this section The charge constitutes a debt ofthat person andis collectible by the public agency incurring
those costs in thesamemanner as in the case of an obligation under a contract expressed or implied
In no event shall a persons liability under this section for the expense of an emergency response
exceed one thousand dollars for a particular incident
If more than one public agency makes a claim for payment from an individual for an emergency
response to a single incident under the provisions of this section and the sum of the claims exceeds the
amount recovered the division of the amount recovered shall be determined by an interlocal agreement
consistent withthe requirements of chapter 3934 RCW 1993c 251 2 FOOTNOTERCW TEXT NOT
TO BE CODIFIED IN ACC
Ordinance No 6366
May 18 2011
Page 2
ORD.E
390040 Reimbursement
390050 No Preemption
390010 Establishment ofDriving under the Influence DUI Cost Recovery
Program
Pursuant to the Revised Code of Washington Section 3852430 a cost
recovery program is established to enable the city to recover the costs where
intoxication of an individual causes an incident resulting in an appropriate
emergency responseThe program shall be administered as established in this
Chapter
390 020 Emergency Response Caused by Persons Intoxication Recovery
of Costs from Convicted Person
1 A person whose intoxication causes an incident resulting in an
appropriate emergency response and who in connection withAhe incident has
been found guilty of or has had their prosecution deferred for a driving while
under the influence ofintoxicating liquor or any drug RCW 4661502 b
operating an aircraft under the influence of intoxicantsor drugs RCW 4768220
c use of a vessel while under the influence of alcohol ordrugs RCW 8812100
d vehicular homicide while under the influence of intoxicating liquor or any drug
RCW 46615200a or e vehicular assault while under the influence of
intoxicating liquor or any drug RCW 4661522Ib is liable for the expense of
an emergency response by a public agency to the incident
2 The expense of an emergency response is a charge against the
person liablefor expenses under this section The charge constitutes a debt of
that person and is collectible by the public agency incurring those costs in the
same manner as in the case of an obligation under a contract expressed or
implied
3 In no event shall a persons liability under this section for the expense
of an emergency response exceed 100000 per incident If more than one
public agency makes a claim for payment froman individual for an emergency
response to a sing leincidentunder the provisions of this section and the sum of
the claims exceeds the amount recovered the division of the amount recovered
shall be determined by an interlocal agreement consistent with the requirements
of Chapter 3934 RCW
390030 Collection Use
1 A law enforcement agency may submit to the City a notice of liability
for the expense of an emergency response The notice shall set forth the name
of the responsible person the date ofthe emergency response the date of
Ordinance No 6366
May 182011
Page 3
ORD.E
conviction or deferred prosecution and the amount owing to the city The total
emergency response cost may be ordered by the Municipal Court as restitution
Where the total emergency response cost has not been ordered by the court the
City may collect the expense of the emergency response in the same manner as
a contract by sending notice to the person responsible via certified mail with a
return receipt Notice sent to the last known address shall be deemeddelivered
three days after mailing
2 Any costs not paid within 60 days of the date ordered by the Court or
within 60 days of the date of issuance of the notice of liability may be referred to
a collection agency The cost of collection shall be added to the total amount
owed by the persons whose intoxication resulted in an emergency response
3 The Mayor or his designee shall have the authority to periodically
review the use of these funds collected through the budget authorization process
in order to ensure that the amounts collected will be primarily devoted to DUI
enforcement emphases
390040 Reimbursement
The Auburn Police Department is authorized to seek reimbursement
whenever allowed by law for any services rendered to another public agency as
part of cooperative law enforcement efforts to enforce laws prohibiting impaired
driving Reimbursement costs shall be figured by the Auburn Police Chief and
billed and collected in the manner as may applicable for the emergency response
cost recovery program in the jurisdiction where assistance was provided
390050 No preemption
This chapter shall not be interpreted to preempt state law but shall be
interpreted to comply therewith
Section 4 IMPLEMENTATION The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation
Section 5 SEVERABILITY The provisions of this ordinance are declared to
be separate and severable The invalidity of any clause sentence paragraph
subdivision section or portion of this ordinance or the invalidity ofthe application
Ordinance No 6366
May 18 2011
Page 4
ORD.E
thereof to any person or circumstance shall not affect the validity of the remainder of
this ordinance or the validity of its application to other persons or circumstances
Section 6 EFFECTIVE DATE This Ordinance shall take effect andbe in force
five days from and after its passage approvaland publicationasprovided by law
INTRODUCED
PASSED
APPROVED
CITY OF AUBURN
PETER B LEWIS
MAYOR
ATTEST
Danielle E Daskam City Clerk
APPROVED AS TO FORM
r
City AttorneyDielBHei
Published
Ordinance No 6366
May 18 2011
Page 5
ORD.E
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4713
Date:
June 13, 2011
Department:
Human Resources
Attachments:
Resolution No. 4713 and Exhibit A
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4713.
Background Summary:
The City and the Auburn Police Guild completed negotiation for a continuation collective
bargaining agreement for 2011 and 2012. Major changes from the previous collective
bargaining agreement (2008-2010) are as follows:
0% COLA increases for 2011 and 2012
Plan A to HealfthFirst (PPO) effective July 1, 2011
Change in sick leave cash out upon separation from City employment
A3.9.1
Reviewed by Council Committees:
Finance
Councilmember:Backus Staff:Heineman
Meeting Date:June 20, 2011 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A
RESOLUTION NO 4 7 1 3
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN WASHINGTON APPROVING
THE COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE CITY OF AUBURN AND THE
AUBURN POLICE GUILD FOR 2011 2012
WHEREAS the City of Auburn recognizes the Auburn Police Guild as
the exclusive bargaining representative of all employees designated as
employees of the Auburn Police Guild and
WHEREAS in connection therewith the City of Auburn and the
management of the Auburn Police have negotiated a Collective Bargaining
Agreement for the years 2011 2012 and
WHEREAS the Agreement sets forth themutual understanding and
agreement of the parties relative to salaries and conditions of employment for
those employees for whom the City recognizes the Auburn Police Guild as the
collective bargaining representative and
WHEREAS it is appropriate for the City Council to approve the
Collective Bargaining Agreement for the years 20112012
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON HEREBY RESOLVES as follows
Section 1 The Mayor is hereby authorized to execute a Collective
Bargaining Agreement by and between the City of Auburn and the Auburn
Police Guild for the years 2011 2012 in substantial conformity with the
Resolution No 4713
June 14 2011
Page 1
RES.A
Agreement as set forth in Exhibit A attached hereto and incorporated by
reference
Section 2 The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation
Section 3 This Resolution shall be in full force and effect upon
passage and signatures hereon
PASSED this day of 2011
CITY OF AUBURN
PETER B LEWIS MAYOR
ATTEST
Danielle E Daskam City Clerk
APP vVED S TO FORNA
Waniel B He y Attorn y
Resolution No 4713
June 14 2011
Page 2
RES.A
EXHIBIT A
COLLECTIVE BARGAINING AGREEMENT 20112012
THE CITY OF AUBURN
AND
AUBURN POLICE GUILD
RES.A
TABLE OF CONTENTS
ARTICLE 1 RECOGNITION AND BARGAININGUNIT 4
ARTICLE 2 GUILD MEMBERSHIP AND DUES DEDUCTION 4
ARTICLE 3 GUILD ACTIVITIES 5
ARTICLE 4 HOURS OF WORK AND OVERTIME 5
9ARTICLE5CLASSIFICATIONSANDSALARIES
ARTICLE 6 HOLIDAYS 11
ARTICLE 7 VACATIONS 12
ARTICLE 8 HEALTH AND WELFARE 13
ARTICLE 9 PENSIONS 15
ARTICLE 10 JURY DUTY 16
ARTICLE 11 SICK DISABILITY BEREAVEMENT AND EMERGENCY LEAVE 16
ARTICLE 12 UNIFORMS AND CLOTHING ALLOWANCE 19
ARTICLE 13 EMPLOYMENTPRACTICES 20
ARTICLE 14 MANAGEMENT RIGHTS
ARTICLE 15 GRIEVANCE PROCEDURE 24
ARTICLE 16 WORK STOPPAGES 25
ARTICLE 17 BULLETIN BOARDS 26
ARTICLE 18 BILL OF RIGHTS 26
ARTICLE 191 SAVINGS CLAUSE 28
ARTICLE 20 ENTIRE AGREEMENT 28
ARTICLE 21 RETENTION OF BENEFITS 28
28ARTICLE22DRUGTESTING
Exhibit A Resolution 4713
June 13 2011
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INDEX CONTINUED
ARTICLE 23 DURATION 32
APPENDIX A 33
Exhibit A Resolution 4713
June 13 2011
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RES.A
AGREEMENT
BY AND BETWEEN
THE CITY OF AUBURN
AND
AUBURN POLICE GUILD COMMISSIONED UNIT
20112012
This Agreement is between the City ofAuburn hereinafter called the City and the
Auburn Police Guild hereinafter called the Guild for the purposes of setting forth the
mutual understanding of the parties as to conditions of employment forthose
employees for whom the City recognizes the Guild as the collective bargaining
representative
ARTICLE 1 RECOGNITION AND BARGAINING UNIT
11 The City recognizes the Auburn Police Guild as the exclusive bargaining
representative for all employees designated as Commissioned Law Enforcement
Officers rank of sergeant and below excluding all other employees of the
department and as certified by the Public Employees Relations Commission
Case No 5520E84993 December 27 1984
ARTICLE 2 GUILD MEMBERSHIP AND DUES DEDUCTION
21 Employees shall as a condition of employment either become members of the
Guild or pay a service fee to the Guild within thirtyone 31 days of employment
or within thirtyone 31 days of the execution date ofthis Agreement
22 Failure by an employee to abide by theabove provisions shall constitute cause
for discharge of such employee provided that when an employee fails to fulfill the
above obligation the Guild shall provide the employee and the City thirty 30
days notification in writing of the Guilds request to initiate discharge action and
during this period the employee may make restitution in the amount which is
overdue Should the employee make such restitution the request for discharge
shall be withdrawn
23 The City agrees to deduct from the paycheck for each employee who has so
authorized it the initiation fee and regular monthly dues uniformly required of
members ofthe Guild The amount deducted shall be transmitted monthly to the
Guild on behalf ofthe employees involved Authorization by the employee shall
be on a form approved by the parties hereto and may be revoked by the
employee upon request
Exhibit A Resolution 4713
June 13 2011
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ARTICLE 3 GUILD ACTIVITIES
31 The Business Representative of the Guild shall be allowed access to all facilities
of the City wherein the employees covered under this contract may be working
for the purposes of investigating grievances provided such Representative does
not interfere with the normal work processes No Guild member or officer shall
conduct any Guild business apart from activities related to contract administration
on City time and no Guild meetings will be held on City time or premises unless
authorized by the Chief of Police Off duty meetings may be scheduled and held
on City premises
32 The City agrees that employees covered by this Agreement shall not be
discharged or discriminated against for upholding Guild principles or for
performing duties authorized by the Guild so long as these activities do not
interfere with normal work process of the City
33 The employer will attempt to allow such members of the Guild as may be
designated by the Guild not to exceed three 3 leave from duty without loss of
pay for the purposes of direct participation as members of the Guild negotiating
team in labor negotiations with the City of Auburn including mediation Interest
arbitration hearings shall also be included under this provision provided that
such leave shall not result in additional cost the City
34 The Guild shall have access and use of a copy machine through City
Administration at 15 per copy
ARTICLE 4 HOURS OF WORK AND OVERTIME
41 Hours of Duty The Chief of Police shall establish regular work schedules for the
members of the bargaining unit such that the working hours for the employees
shall be equivalent to forty 40 hours per week on an annualized basis The
normal workday shall be inclusive of the lunch period While this section shall be
construed as a waiver regarding the scheduling of individual employees to shifts
it shall not be construed as a waiver of the Guilds right to demand bargaining
over City proposed changes in the length of the work shifts themselves
42 Shift Schedule Patrol employees shall work twenty 20 months on their
primary shift schedules and four 4 months on their alternate shift schedules
43 Training
a Training will be scheduled during the employees regular shift whenever
reasonably feasible
b If training cannot be reasonably scheduled during the employees regular
shift it will be scheduled so that employees have a minimum of eight
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June 13 2011
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hours separation between the end of the employees work shift and the
beginning of the training session Similarly there shall be a minimum of
eight hours separation between the end of the training session and the
beginning of the employees next scheduled shift This requirement may
be waived upon the voluntary written request of an employee
C The parties agree that the administration may alter an employees regular
days off schedule to accommodate training provided that the employee is
given seven 7 days notice of the alteration and provided further that any
days off must be rescheduled before the end of the pay period during
which the rescheduling occurred
44 Overtime Except as otherwise provided in this Article employees shall be paid
at the rate of time and onehalf of their regular rates of pay as defined by the
FLSA for
a All hours worked outside the regularly assigned shift in any one day
b All hours worked on a scheduled furlough day and
c The hours worked on the first and last day of a changed shift unless
written notice no less than seven 7 calendar days in advance of the shift
change from the employees regular shift is given to the employee
All overtime must be authorized by the Chief of Police or designee In all cases
to compute overtime or pay at an overtime rate the nearest onequarter hour
shall be used
Overtime work at the Sergeants level shall first be offered to sergeants before it
is given to other bargaining unit members on an outofclass basis Sergeants
will notify their supervisor of the steps taken to fillthe vacancy There shall be no
remedy for violations of this Section committed by a Sergeant
45 Compensatory Time Payment for authorized overtime hours worked shall be
pay or compensatory time at the employees option such option to be exercised
at the time earned
Compensatory time shall be earned and accumulated at the rate of one and one
half hours for each overtime hour worked provided that the maximum allowable
accrual shall be 120 hours of compensation
All compensatory time accumulated by an employee in excess of forty 40 hours
as of the 15th of November shall be paid at the employees then current rate of
pay at the last payday of November At the option of the employee any or all of
the remaining forty 40 hours may be paid at that time but no more than forty
Exhibit A Resolution 4713
June 13 2011
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40 hours of accumulated compensatory time shall be carried past the 30th of
November
The parties agree that it is unduly disruptive to the operations of the Auburn
Police Departmentfor employees to give less than fortyeight 48 hours written
notice of their intent to use up to two days of compensatory time off and an
additional day of notice for every consecutive compensatory day off thereafter
This section shall be construed so that for instance the use of five 5
consecutive days of compensatory time off will require that the employee give the
department a minimum of five 5 days written notice of hisher intent to do so
Compensatory time off can be used by employees with less notice provided they
obtain authorization from the Chief of Police or hisher designee
The parties agree that it is unduly disruptive for employees to request the use of
compensatory time off on any recognized holiday as set forth in Article 6 Section
1 when the granting of such time off would require the City to force another
employee who had previously been granted the day off to come in to cover the
shift
46 Callback If an employee is called back to duty heshe will be guaranteed a
minimum of three 3 hours atone and onehalf hisher hourly regular rate
47 Court Time An employee required to testify in court on behalf of the Auburn
Police Department during off duty hours shall be paid a minimum of four 4
hours at one and onehalf times hisher hourly regular rate of pay for such
attendance except where such attendance is an extension of the end of hisher
regularly sscheduled shift at which time normal overtime procedures will apply
Minimum court time shall be paid unless the court appearance cancellation
information is available to the employee by 500 pm the day before a required
appearance For court attendance paid time shall bebased on portaltoportal
from the Auburn Police Department to the court and return
48 Standby The City and the Guild agree that the use of standby time shall be
consistent with sound law enforcement practices andthe maintenance of public
safety Employees formally placedon standby status shall be compensated on
the basis of four 4 hours straighttime pay for eight 8 hours or fraction thereof
If an employee is actually called back to work normal overtime shall apply
Employees will be compensated when called back either through normal
overtime or four 4 hours straight time whichever is greater Employees who
are engaged to wait within the meaning of the FLSA and are restricted in their
movement shall have all such time considered as time worked at either the
overtime or regular rate of pay as the circumstances warrant
49 Cancellation of Court Appearance When an employee complies with all
departmental procedures on the day prior to a court appearance and is notified
on that date that the court appearance is still scheduled for the next day the
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employee shall be entitled to receive the minimum payments provided by this
Agreement even if the court appearance is thereafter canceled
410 Extra Duty From time to time outside organizationsbusiness may request
specific support from the City eg security traffic control etc that may require
participation by the Citys police department Provisions of 29CFR Chapter V
Wage and Hour Division Department of Labor Part 553 Section 227 and
referenced paragraphs of the Act will govern extra duty
1 Extra duty may only be performed when assignments are solely at
the option ofthe individual officer
2 Officers performing extra duty are performing duties in the capacity of
commissioned officers
3 Extra duty may only be performedscheduled so that the employee
has a minimum of six consecutive hours of separation between an
extraduty assignment anda regularduty assignment The six hours
separation can be scheduled at either end of the extraduty
assignment and the corresponding regular duty shifts If the
employee performs two consecutive daysof extra duty during the
employees regular work week it is mandated that there be a
minimum eight 8 hour rest period before the beginning of the next
consecutive duty shift Similarly there shall be a minimum of eight
hours separation between the end of the extraduty employment and
the beginning of the employees next scheduled regular shift should
two consecutivedays of extraduty employment beworked
4 The City and the Guild will periodically negotiate officers rate of pay
for extra duty Applicable taxes federal withholding FICA etc will
be withheld from that amount Additional charges ie LI
employment taxespay at an overtime rate minimum pay holiday
pay administration fees cancellation notice charges etc willbe
added to the bill rate for outside organizations to cover payment of
those costs
5 Finance will be provided a copy of all documents changing
negotiated rates of pay a minimum of one pay period before
implementation
411 Daylight Savings Time Employees who work a longer shift when the clocks are
moved backone hour to Pacific Daylight time in the fall will be paid for the time in
excess of the employees normal work day at the overtime rate of pay
Employees whowork shorter shifts when the clocks are moved forward to Pacific
Daylight time in the spring willhave the option of choosing to work an additional
hour so that the employee works a 10hour shift or to use one hour of paid time
off eg vacation compensatory time holiday banked etc but not sick at the
employees discretion
Exhibit A Resolution 4713
June 13 2011
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RES.A
ARTICLE 5 CLASSIFICATIONS AND SALARIES
51 Employees covered by this Agreement shall be compensated in accordance with
the pay plan attached to this Agreement and marked Appendix A This
Appendixshall be considered a part ofthis Agreement Paydays for employees
covered by this Agreement shall be on the 8th and 23rd of each month
I
52 Premium pay in the amount of two percent 2 shall be applied to the straight
time hourly base pay for each employee assigned to the Community Response
Team Premium pay in the amount of three percent 3 shall be applied to the
straighttime hourly base rate for each employee assigned to each of the
following specialties Motorcycle Patrol Field Training Officer K9 Officer
Bicycle Patrol Hostage Negotiator and Valley SWAT Premium pay in the
amount of four percent 4 shall be applied to the straighttime hourly base rate
for each employee assigned to work as a detective in the Investigations Unit
Premium pay in the amount of six percent 6 shall be applied to the straight
time hourly base rate for each employee assigned as Defensive Tactics
Instructors Premium pay in the amount of four percent 4 shall be applied to
the straight time hourly base wage for each Sergeant assigned to Property
Crimes Persons Crimes SIU Traffic Valley SWAT Inspectional Services and
Training In no eventwill any employee receive more than six percent 6
premium pay regardless of the number of specialty assignments heshe holds
a The City will seek input from supervisory and command personnel
before making assignments of personnel to the specialty
assignments in Article 52 of the labor agreement provided that the
parties recognize that the Chief of Police retains the ultimate right
to select which officers will be assigned to those duties
53 Employees hired prior to January 1 1996 assigned the job classification of
Patrol Officer after completion of six 6 months of employment or Sergeant who
have completed courses with a passing grade toward a job related degree shall
be paid a percentage of their straighttime hourly rate as educational incentive
based on the following schedule 30 credits 2 60 credits 4 AA Degree
6 College credits are defined as those credits that could be applied as general
education requirements towards earning a degree AABABS Generally these
are courses number 100 and above Courses that must be passed in order to
qualify to enroll in introductory general education requirements 100level
courses cannot be applied to this education incentive Employees hired on or
after January 1 1996 shall be paid a percentage oftheir straighttime hourly rate
as educational incentive based on the following schedule AA Degree 4 BA
Degree 6 Employees with a bachelors degree in a non job related fieldshall
receive 3 Degrees for which the City will pay education incentive as currently
listed are Criminal Justice Law Justice Society Justice Sociology
Criminology Psychology Business Political Science and Public Administration
The City realizes that from time to time degree names change and at its sole
Exhibit A Resolution 4713
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discretion will review the curriculum of other like degrees to determine if the
content meets the intent of this Agreement
Education incentive pay shall be paid to employees only afterthe City has
received an official transcript fromthe educational institution verifying the credits
or degree received Any official document from a person authorized to grant
credits and degrees from such college or university may be accepted in lieu of
the official transcript provided it is sent directly to the PoliceChief and certified
as true and correct The City will reimburse employees for cost of the transcripts
provided the employee produces a receipt or copy of a canceled check
Employees in the Auburn Police Guild will be eligible to receive tuition
reimbursement ofa maximum of two thousand dollars 200000 per calendar
year in accordance with the procedures specified in City Administrative Policy
20050 Tuition Reimbursement
54 Longevity pay shall be applied to the straighttime hourly base rates of all
employees covered by this Agreement who have completed continuous service
in accordance with the following schedule
5 Years 8 Years 11 Years 14 Years 17 Years 20 Years
20 35 50 65 80 90
55 The parties agree that it is in the best interest of the Auburn Police Department
and City of Auburn to be able to hirethe most qualified lateral police officers Itis
therefore agreed that future lateral police officers hired by the City of Auburn will
enter the salary schedule of the collective bargaining agreement in effect upon
date of hire at the step commensurate with their level of experience as a
commissioned police officer at time of hire This provision is intended only to set
thebeginning base salary for laterally hired police officers in thefuture It is not
intended to change the current seniority definition in the City of Auburn Civil
ServiceRules promotion eligibility bidding practices benefits accrual or any
other issue inadvertentlynot listed herein
Further if the City rehires an officer who meets the following criteria
Has prior commissioned experience with the Auburn Police Department and
separated from the City with good standing and
has continued hisher law enforcement career with anotherlaw enforcement
agency and
had a minimum of four 4 years of continuous service with the Auburn Police
Department prior to hisher break in service and
reapplied for a vacant police officer position within 60 days of hisher
departure from the APD
Exhibit A Resolution4713
June 13 2011
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Then such police officer would be reinstated in whole as to the date of hisher
departure with the exception of seniority including the following
If not cashed out upon separation sick leave hours banked vacation leave
accrual and vacation leave hours banked and
specialty assignment pay will be restored if the former Auburn officer resumes
the specialty assignment prior to separation To be eligible for the specialty
assignment there must be no current eligibility list in effect forthat assignment
and the same opening that was created due to the officers departure exists
upon rehire All other specialty assignments sought would follow MOS
422A Eligibility for promotions must follow Civil Service rules for eligibility
and
the probationary period will not apply and
the officer will enter the salary schedule of the collective bargaining
agreement in effect upon the date of rehire at the step commensurate with
the step heshe held prior to departure
56 Effective January 1 2009 lateral police officers who have a minimum ofthree
andonehalf35 years of commissioned experience will be eligible to apply for
a specialty assignment after one and onehalf 15 years of continuous service
with the Auburn Police Department immediately priorto the selection process If
no member of the collective bargaining unit applies for the open specialty
assignment any member may apply Effective January 1 2009 lateral police
officers who have a minimum of three and onehalf 35 years of commissioned
experience with the Auburn Police Department immediately prior to the testing
process may apply forSergeant testing
ARTICLE 6 HOLIDAYS
61 The following eleven 11 days are designated as holidays
New Years Day Veterans Day
Lincolns Birthday Thanksgiving Day
Washingtons Birthday Day After Thanksgiving
Memorial Day Christmas Day
Independence Day Martin Luther King Day
Labor Day
62 An employee who is required to work on a designated holiday as set forth in
Section 61 shall be compensated at the rate of two and onehalf 212 times
the employees regular hourlyrateof payfor each hour worked inclusive of the
pay for the holiday worked Required to work is defined as having been
directed to workby the Chief of Police or designee Employees shall accrue and
take holidays on a basis equivalent to the assigned shift hours eg employees
on 8hour shifts shall accrue and take eleven 8hourholidays per calendar year
and employees on 10hour shifts shall accrue and take eleven 10hour holidays
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June 13 2011
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per calendar year etc When a holiday falls on an employees regularly
scheduled day off heshe shall receive holiday hours as indicated above
Employees not requiredto work will observethe holiday on the date listed below
or bank the holiday Employeesmayaccrue up to a maximum of 140 hours of
holiday leave but in no event shall an employee accumulate in excess of 140
hoursunless through no fault of the employee heshe was not able to take the
leave
63 The designated holiday shall be
New Years Day January 1
Martin Luther King Day Third Monday in January
Lincolns Birthday February 12
Washingtons Birthday Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Mondayin September
Veterans Day November 11
Thanksgiving Day Fourth Thursday in November
DayAfter Thanksgiving Friday After Thanksgiving
Christmas Day December 25
64 Employees terminating service after completion of probation shall receive
compensation for vested unused holiday time
ARTICLE 7 VACATIONS
71 Annualvacationswith pay shall be granted to eligible employees on the following
basis for service less than ohe 1 year vacation leave creditshall accrue at the
rate of one 1 working day for each month of continuous service commencing
from the date of mostrecent employment with theCityfor continuous service of
more than one 1 year vacation leave credit shall accrue at the following rate
1 to 5 years of continuous service 14 working days per year
6 to 10 years of continuous service 17 working days per year
11 to 15 years ofcontinuous service 20 working days per year
16 to20 years of continuous service 22 working days per year
Over 21 years of continuous service 24working days per year
Employees shall take vacation leave on a one halfhour basis A working day
shall be equal to eight 8 hours
An employee who terminates employment during the first six 6 months of
employment shall not be entitled to accrued annual vacation leave or payment
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72 Normally vacation leave must be takenwithin the year next succeeding the year
in which vacation leave credits are earned Vacation leave credits shall not
normally be accumulative except where the Chief of Police determines that
special circumstances existjustifying an extended vacation In no event shall an
employee accumulate unused vacation leave in excess of two 2 years annual
vacation leave Paymentfor up to five days of accrued and unused vacation
leave shall be made to an employee where the employee through no fault of the
employee was not able to take all of hisher accrued annual vacation leave
during the year authorized
73 Vacation leave shall be scheduled by seniority in each operational unit
74 Employees who have completed six 6 months of service and are separated
from employment shall be entitled to payment for vacation leave not taken that
has accrued to date ofseparation In the event of the death of an employee in
active service withthe City accrued vacation leave that has not been taken shall
be paid in the same manner that salaryduethedecedent is paid for any vacation
leave earned inthe preceding year and in the current year and not taken prior to
the death of such employee
ARTICLE 8 HEALTH AND WELFARE
81 A health care dental care orthodontics andlife insurance program shall be
granted to eligible employees and their dependents Except for group medical
insurance for spouse and children as provided in Section 82 herein the cost
shall be paid by the City
Said program shall consist of
a No earlier than the first month after the date of ratification Association of
Washington CitiesMashington Physicians ServiceRegence Blue Shield
HealthFirst zer6deductiblePlan
b Theemployees choice of Washington Dental Service Plan F w
OrthodontiaPlan 1 or the Willamette Dental Plan The City will pay up to
what it pays for the Washington Dental Service Plan F
C Vision Services Eye Care and
d Life Insurance with a death benefit level of 30000
The Guild agrees to continue to cooperate with the City in the study of cost
containment measures The Guild will appoint one member of the Guilds
negotiations team to the Citys Health Care Cost Containment Committee
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The City may change health insurance carriers in the event State law makes it
necessary to change carriers The Guild retains the right upon timely request to
require the City to bargain the effects of the change in carriers including
reductions in benefit levels to the extent those effects are mandatory subjects of
bargaining
82 Each employee who enrolls his or her spouse or eligible children in AWC
HealthFirst Plan shall pay ten percent 10 of the premium cost each month
The Cityshall continue to make available the AWC Group Health Plan 2 10
copay medical insurance plan for those individual LEOFF II employees who
elect to enroll themselves and their dependents The Citys contribution toward
medical insurance forspouse and children shall be a maximum of ninety percent
90 ofwhat it would pay of the applicable AWC HealthFirst Premium
83 Domestic Partner Coverage State registered domestic partners and eligible
dependants enrolled in AWC HealthFirst or AWC Group Health Plan 2 10 co
pay willhave monthly premiums paid at the same level as spouses and
dependants in paragraph 82 above
84 Indemnity and Defense
a CIVIL CLAIMS The Employer shall provide legal counsel or reasonable
attorneys fees for representation and defense of civil lawsuits and hold
employees harmless from any expenses connected with the defense
settlement or monetary judgments from such actions claims or
proceedings arising out of or incident to acts andor omissions occurring
while the employee was acting in good faith in the performance or
purported failure of performance of hisher official duties or employment
and provided further that the employee was not engaging in criminal or
malicious misconduct A criminal conviction shall be deemed conclusive
proof of criminal misconduct for the purposes of this section
b INQUESTS In an Inquest called by the King County Executive or
delegate arising out of the use of force the employee shall meet with the
City Attorney to discuss legal representation for the employee during the
Inquest After that meeting if the employee elects to select hisher own
representation the Citywill pay for reasonable legal services provided that
the employee has acted in good faith in the performance or purported
failure of performance of hisher official duties and provided further that
the employee was not engaging in criminal misconduct The attorney
selected by the employee must have a high level of experience in
representing law enforcement officers in the use of force The City shall
have a reasonable right to approve the choice of counsel in light of the
requirements described herein enter into a third party payer agreement
with the employees private counsel to review billings for such
representation and approve all payments in writing
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C In the event outside counsel is retained by the employee and the
employeeis subsequently convicted of a crime or it is determined by a
court of competent jurisdictionthat the employee was not acting in good
faith arising out of the facts giving rise to the Inquest the City shall be
entitled to recover attorneys fees and costs it has expended on the
employees behalf from the employee
85 Disability Insurance The employer shall provide for a mandatory payroll
deduction for a LEOFF II disability plan selected periodically and administered by
the Guild Participation shall be for all LEOFF II employees andwillbegin from
date of employment with the City of Auburn
86 The CITY of AUBURN has adopted the MSA VEBA Medical Reimbursement
Plan for all commissioned LEOFF II employees who do not have a military
medical retirement plan The City of Auburn agrees to provide a mandatory
payroll deduction for this post Retirement Medical Insurance Trust which shall be
administered by the Guild All contributions made on behalf of each eligible
employee will be consistent with the terms and conditions of the collective
bargaining agreement in effect at the time the MOU was signed and based on
the individuals annual base salary with one midyear adjustment if adjustment is
needed It is understood that all defined eligible employees willbe required to
sign and submit to the City of Auburn an MSA VEBA Membership Enrollment
Form
The MSA VEBA Plan shall be funded by a semimonthly contribution of 1 base
annual salary In addition to the current semimonthly contribution method of 1
of base annual salary both parties agree to the following additional contribution
method
Retirement contribution All employees covered by this agreement who retire
from the City of Auburn shall transfer unused accumulated sick leave in
accordance with the terms of the collective bargaining agreement at the time of
the signing into the trust
The members of the Commissioned Unit who are eligible to retire each year will
vote on the provision each year prior to the year in which they will retire The
Guild will notify Human Resources in writing of the results of the vote yes or no
on the provision and the percentage of contribution each year no later than
November 30th This contribution will be paid into the trust through payroll
deduction on the employees check that includes the final sick leave cash out
ARTICLE 9 PENSIONS
91 Pensions for employees and contributions to pension funds shall be provided in
accordance with the laws of the State of Washington for eligible employees
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ARTICLE 10 JURY DUTY
101 Time off with pay will be granted for jury duty Employees shall be required to
report for workfor any portion of their regularly scheduled shift during which they
are not actually serving on a jury or waiting to be impaneled if a reasonable
amount of time remains onthat shift in light of the courts location
In order to be eligible for such payments the employee must furnish a written
statement from the appropriate public official showing the date and time served
and the amount of jury pay recovered The employee must give the Chief of
Police prompt notice of call for jury duty
ARTICLE 11 SICK DISABILITY BEREAVEMENT AND EMERGENCY LEAVE
111 Sick leave credit shall accumulate for eligible employees at the rate of one 1
day ie eight 8 hours per month Sick leave is accumulative to a maximum
of one hundred twenty 120 daysie 960 hours except as provided in Section
117 below Sick leave credit may be used for time off with pay for bona fide
cases of incapacitating sickness or injuryand for the periodof disability resulting
frompregnancy or childbirth Any employeefound to have abused sick leave by
falsification or misrepresentation of same shall be subject to disciplinary action
Employees shall take sick leave on an hourly basis
112 A verifying statement from thee employees physician may be required by the
Chief of Police at hisher option whenever an employee claims sick leave for
three 3 days or longer or after three 3 single sick leave claims in any calendar
year or three consecutive days which ever occurs first In requiring a physicians
statement the Chief or hisher designee shall do so for the purpose of ensuring
that employees are utilizing sick leave benefits for the purposes intended by this
Agreement
113 Employees incapacitated by illness or injury shall notify the Chief of Police as far
in advance of theirscheduled starting time as possible that heshe is to report for
duty During periods of extended illness employees shall keep the Chief of
Police informed as to their progress and potential date of return to work
114 An employee shall be allowed up to three 3days bereavement plus three 3
days chargeable sick leave for death in the immediate family requiring hisher
presence upon approval of the Chief of Police Immediate family shall include
the father fatherinlaw mother motherinlaw spouse brother sister children
and stepchildren of the employee employees grandparents and stepparents
115 An employee may use up to twelve 12 work weeks of leave each year in
accordance with the provisions of the Family Medical Leave Act FMLA as
follows
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An employee who has worked forthe City at least twelve months including at
least 1250 hours inthe lasttwelve months maybe entitled to 12 work weeks of
paidunpaid leave in any twelvemonth period 1 to care for a newborn or newly
adopted child or newly placed foster child 2 to care for a child parent or
spouse who has a serious or terminal health condition or 3 to attend to a
personal serious health condition
An employee must give the Chief of Police or hisher designee at least 30 days
written notice by completing a Leave Request Form in advance of the
anticipated date of the leave is to begin If the employee is unable to give the
required notice notice must be given in writing as soon as possible
While on Family and Medical Leave the employee must use all accrued but
unused leave including sick leave vacation compensatory time and any other
paid leave accrued prior to using unpaid leave
Use of the above paid leave will apply toward the twelve 12 work week
entitlement and is not in addition to the entitlement
Upon return from the leave the employee is entitled to return to the same
position held when the leave began unless the position would have been
eliminated had the employee not been on leave
Care for anewborn or newly adopted child or newly placed foster child
FMLA leave must be taken within twelve months of the birth adoption or
placement of a child If both parents are employed by the City together they are
entitled to a total of 12 work weeks of paidunpaid leave under this paragraph
In the case of maternity any leave taken prior to the birth of the child for prenatal
care or inability to work prior to the actual birth will be assessed towards the
twelve work week period
Time loss due to disability prior to or following giving birth will be assessed
towards the twelve work week period
Intermittent or reduced leave for birth or placement for adoption or foster care of
a child may only betaken with Chiefof Police approval Certification by a health
care provider may be required
Care of a child parent or spouse who has a serious or terminal health
condition or to attend to a personal serious health condition Certification
andor second or third opinions by a health care provider may be required for
leave approval Recertification may be required every 30 days A fitness for
duty certificate signed by the consulting physician maybe required upon return
from leave
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Leave may be requested and granted on an intermittent basis or on a reduced
workweek schedule if medically necessary The employee must provide medical
certification within 15 days of the date requested The employee must attempt to
schedule hisher intermittent or reducedleave so as not to disrupt the Citys
operation
116 For employees hired into the collective bargaining unit prior to December 1
1993 upon certification of disability retirement by the LEOFF Board retirement
death or termination of good standing not termination for cause the employee
shall be reimbursed at current rate of pay for unused accrued sick leave up to a
maximum of 960 hours in accordance with the following schedule based on
continuous years of service
Upon Completion of Percent ofAccrued
Years of Service UnusedSick Leave
04 years 0 except in the event of death occurring
in the line of duty 25 of such employees
accrued unused sick leave shall be paid to the
employees beneficiary
514 years 25
1524 years 50
25 years and over 100
Employees hired into the collective bargaining unit after November 30 1993
shall be reimbursed at the current rate of pay for unused accrued sick leave up to
a maximum of 960 hours in accordance with the following schedule based on
continuous years of service
Upon Completion of Percent of Accrued
Years of Service Unused Sick Leave
0 Completion of 14 Years 0
14 years and over Upon retirement death or disability retirement
35
25 years and over With a minimum of480 hours of banked
unused sick leave upon separation from
employment in good standing 45
117 When an employee has accumulated 960 hours ie 120 days of sick leave
sick leave shall continue to accumulate at the normal rate of eight 8 hours ie
one 1 day per month until the end of the calendar year at which time all sick
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time accumulated by the employee in excess of 960 hours shall be paid at 25
of the employees then hourly base rate
118 When an employee covered by the LEOFF II RetirementSystem is disabled as
the proximate result of an onthejob injury as covered by Washington State
Workers Compensation and Industrial Insurance the City shall compensate the
employee for the difference between hisher Workers Compensation entitlement
and hisher regular salary for a period not to exceed six 6 months or the
termination of the disability whichever comes first To accomplish this the City
shall pay the employee hisher regular salary for said period and the employee
shall receipt to the City all time loss payments received from Workers
Compensation This benefit shall only be granted prospectively from the date
workers compensation benefits are applied for unless the employee fails to make
timely application because of physical incapacitation or for reasons beyond the
employees control Employees shall have the right to claim benefits forthe
portion of a disability leave period prior to the date workers compensation
benefits are applied for by receipting to the City any time loss benefits the
employee has received for that period The City agrees to maintain this section
in the contract and the Guild agrees to limit the sick leave cash out for new hires
ARTICLE 12 UNIFORMS AND CLOTHING ALLOWANCE
121 A fivemember uniform and equipment committee is established to periodically
review the department issue equipmentuniforms The committee will consist of
four 4 Guild representatives with a minimum of one representative from Patrol
Detectives and Sergeants Police Administration will provide the fifth
representative Selection of the uniformequipment committee will be by an
agreement between the Assistant Chief and the Guild President The committee
willmeet on an as needed basis at least once per year
The committee will be responsible for reviewing requests for changes to the
equipmentuniform lists for general patrol and recommending changes provided
they are consistent with thebudgetary guidelines as determined by the Chief of
Police
Technological advances and equipment changes will require special attention
Uniform and equipment standards need to be kept uptodate All requests for
uniformequipment replacement shall be submitted to the employees immediate
supervisor Requests for uniformequipment replacement will be completed as
soon as reasonably possible The department will designate the
uniformequipment suppliers Uniforms and equipment will only be
purchasedobtained fromthe designated suppliers including voucher items
Specialty units may utilize specialty outletssources for some equipment needs
122 Uniformed officers will be on a Quartermaster System and will be issued their full
compliment of uniformsequipment according to the list of agreed upon items that
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may change from time to time as determined by the Uniform and Equipment
Committee The quartermaster issued lists of uniform and equipment items shall
be reduced to writingas they are established and changed and signed by the
signatory parties to this agreement All uniformsequipment are owned by the
city
123 Uniformed officers will be entitled to have up to four uniform items cleaned per
week
124 NonUniformed personnel will be given a clothing allowance of 1 per year of
their monthly base pay monthly and are entitled to have up to four items dry
cleaned or may have three items dry cleaned and five shirts laundered per week
for maintenance Hof business attire The Chief of Policewill set the standards for
appropriate business attire forthe Department The Uniform Committee will
make recommendations to the Chiefof Police on business attire When casual
attire is adopted once implemented affected personnel will be entitled to have
up to three items dry cleaned or may have two items dry cleaned and two shirts
laundered per weekfor maintenance of business attire Appropriate business
attire shall include casual attire for nonuniformed employees The Chief of
Police has the e discretion of approving the attire items recommended by the
Committee Detectives will be on the Quartermaster System and will be issued
clothingequipment according to the list of agreed upon items
ARTICLE 13 EMPLOYMENT PRACTICES
131 Layoff Whenever employees are appointed to aclassification effective the same
date seniority shall be established by the highest average on the total
examination If the averages are equal rank order will be established in
accordance with Civil Service Rule 10
132 Seniority Whenever employees are appointed to a classification effective the
same date seniority shall be established by the highest average on the total
examination If the averages are equal rank order will be established in
accordance with Civil Service Rule 10
133 Working Out of Classification Any employee who is assigned to perform the
duties of higher paying classification by the appropriate authority will be
compensated at that higher rate when the work performed is one 1 hour or
more induration
134 Tobacco Use Tobacco use shall not be allowed in City vehicles or buildings
However smoking is allowed in designated smoking areas It is the intent of the
parties to continue to comply with the Citys tobacco use policy in effect as of
May 7 2001
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135 Probationary Periods Probationary periods upon promotion shall not exceed
one year and may not be extended without the written agreement of the Guild
Probationary periods upon initial hire shall not exceed one year beginning upon
competition of the Basic Law Enforcement Academy and is not inclusive of time
workedprior to or during the Basic Law Enforcement Academy In addition it
shall not be extended without the written agreement of the Guild A probationary
period shall be extended for the number of workdays equal to the number of
workdays an employee was absent in excess of 10 workdays during the
probationary period During an employees initial probationary period heshe
may be discharged by the employer at will and such discharge shallnot be
subject to the grievance procedure During a promotional probationary period an
employee may be reverted to hisher former classification and such reversion
shall not be subject to the grievance procedure
136 Employees called in to work while on approved vacation or holiday off will be
compensated at the appropriate overtime rate for hours worked and given credit
for hours worked on their vacationholiday time accounts
137 Promotional Examinations
All promotions to positions within the bargaining unit shall be based solely on
merit efficiency and fitness ascertained by open competitive examination
Examinations shall fairly objectively and comprehensively test for qualifications
for the position
A general description of the process and methods ofexamination
ie written oral assessment center etc and identification of any
portions for which a passing grade is required weight assigned by
the City to each component minimum passing scores for any such
portion and minimum passing scores for the entire examination
shall be included in the official examination notice which shall be
provided to the unionguild and posted conspicuously in the police
station not lessthan thirty 30 days prior to the examination
Examination shall be prepared and administered by persons who are qualified by
reason of suitablecareer experience
The identities of all examination participants shall be concealed from the
examiners throughout the examination process The Guild may designate an
observer to attend the development and administration of the examination The
examiners shall have the responsibility of assuring that the observerdoes not
disrupt the examination process Any observer is required to honor the
confidentiality of the examination until such time as the examination results are
posted
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Candidates shall be allowed a period of five 5 business days following the
completion of the examination and prior to the posting of the candidates scores
in which each candidate may inspect hisher summary sheets and aQualitative
Evaluation form AQualitative Evaluation Form will provide the candidates with
information related to their performance in all phases of the testing process and
is intended to be comprehensive and contain the same criteria for each phase of
the testing process as the rating score sheets used by the assessors The
criteria and content of the Qualitative Evaluation Form will be mutually agreed
upon by the Guild observer and the City of Auburn Candidates shall be
prohibited from reproducing the documents inspected
A promotional list shall be maintained by the City for each promotional position
within the bargaining unit and eachlist shall be valid for one 1 year with the
possibility of an extension for another year for a maximum total of 2 years
Upon request for certification of names to fill a vacancy the SecretaryChief
Examiner shall certify to the department head the three 3 names of the
candidates standing highest on the appropriate eligibility list and willing to accept
the position for which certification is made Each appointment shall be made by
the City from one 1 of the top three 3 names on the list
After each regular appointment from the eligibility list and employee shall serve a
complete period of probation before appointment or promotion is complete No
new probationary period results from a transfer to a different shift or reduction of
an employee who previously completed a probationary period The period of
probation shall be twelve 12 calendar months from thedate of appointment to a
regular position If an employee is absent from duty for a prolonged period
during a probationary period and the department head does not have a
reasonable opportunity to evaluate the performance of an employee the
department head may calculate the probationary period on the basis of twelve
12 calendar months of actual service exclusive of time away on leave
The Guild and any employee it represents shall appeal any alleged violation of
the promotion process set forth herein through the grievance procedure and the
collective bargaining agreement rather than through the Civil Service
Commission Exclusive of the promotional exam process the initial step in the
grievance procedure shall be established as five 5 business days in order to
coincide with above sections of this article Any appeal of the promotion process
not settled through the grievance procedure shall be reviewed by an arbitrator as
to whether or not the City violated the procedures set forth herein
138 An employee who engages in offduty misconduct may be subject to discipline
when 1 the offduty misconduct harms the Citys reputation in the community
2 the offduty conduct adversely affects the employers business operation or
3 the conduct is inconsistent with the office that the police officer holds
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ARTICLE 14 MANAGEMENT RIGHTS
141 The Guild recognizes the prerogatives of the City to operate and manage its
affairs in all respects in accordance with its responsibilities and powers of
authority
142 The City has the right to schedule overtime work as required in a manner most
advantageous to the department and consistent with the requirements of
municipal employment and the public safety
143 It is understood by the parties that every incidentalduty connected with
operations enumerated in job descriptions is notalways specifically described
144 The City reserves the right to discharge ordiscipline an employee for just cause
The City reserves the right to lay off personnel for lack of funds or for the
occurrence of conditions beyond the controlof the department The City shall
have the right to determine reasonable schedules of work in accordance with
Section 41 and to establish the methods or processes by which such work is
performed
145 No policies or procedures covered in this Agreement shall be construed as
delegating to others or as reducing or abridging any of the authority conferred on
City officials as defined in thefollowing
a The ordinance responsibility of the Mayor as Chief Executive
Officer of the City for enforcing the laws of the State and City
passing upon ordinances adopted by the City Council
recommending an annual budget or directing the proper
performance of all executive departments
b The responsibility of the City Council for the enactment of
ordinances the appropriation of monies
C The legal responsibility of the Civil Service Commission as
provided by State Statue subject to any applicable
bargaining duty of the City and the terms of this Agreement
d The responsibility of the Chief of Police and hisher delegates
governed by ordinances Civil Service Rules and Department
Rules and as limited by the provisions of the Agreement and
provided that such actions do not effect mandatory subject of
bargaining
1 To recruit assign transfer or promote members to
positions within the department
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2 To take disciplinary action against members for just
cause
3 To determine methods means and personnel
necessary for departmental operations
4 To control department budget and
5 To take whatever actions are necessary in
emergencies in order to assure the proper functioning
of the department
ARTICLE 15 GRIEVANCE PROCEDURE
151 For purposes of this Agreement the term grievance means any dispute
between the Employer and the Guild concerning an alleged breach or violation of
this Agreement
Step 1 Any alleged grievance shall betaken up with the employees immediate
supervisor and shift commander within ten 10 working days of its alleged
occurrence The parties agree to make every effort to settle the grievance
promptly at this level
In the event the grievance is unresolved the Guild andor employee
shall determine whether to appeal the grievance through the Civil
Service Commission or process the grievance to Step 2 of the
grievance procedure contained herein within five 5 working days
of the meeting with the employees immediate supervisor Should
the employee choose to file an appeal with the Civil Service
Commission the employee shall provide the Chief of Police
Human Resources Director and the Guild with written notice of
such election
Step 2 The grievance shall be reduced to written form by the aggrieved
employee stating the section of the Agreement violated and explaining the
grievance in detail and remedy sought The employee andor the Guild shall
present the written grievance to the Division Commander Human Resources
Director and the Chief of Police The Chief of Police will conduct a meeting
within five5 working days of receipt of the written grievance The Chief of
Police shall make a decision on the matter in writing within ten 10 working days
from such meeting Copies of the Chiefs decision will be furnished to the
aggrieved Guild representative and Director of Human Resources Grievances
involving suspension demotion or discharge shall begin at Step 2
Step 3 Any grievance remaining unresolved after the decision has been
rendered in Step 2 shall be transmitted to the Director of Human Resources to
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be adjudicated by theMayor in writing within ten 10 working days whereupon
the Mayor shall conduct an investigatory hearing within five 5 working days of
the receipt of the written grievance The Mayor shall render a decision within five
5 working days of such hearing
Step 4 Should the grievance not be resolved in Step 3 and should further
consideration be desired by the grievant a written notification requesting
arbitration must be filed with the Mayor within fourteen 14 working days The
parties shall mutually select a disinterested third party to serve as arbitrator In
the event the Employer and Guild are unable to agree on an arbitrator the
arbitrator shall be selected by the process of elimination from a panel of seven
7 arbitrators furnished by the American Arbitration Association AAA The AAA
request shall state the issue The arbitrator shall confine himselfherself to the
precise issue submitted for arbitration and shall have no authority to determine
any other issues not so submitted to himher The arbitrator shall have
jurisdiction and authority onlyto interpret apply or determine compliance withthe
specific terms of the Agreement and shall not add to detract from or alter in any
way the provisions ofthis Agreement The decision shall be final and binding
upon both parties Employee witnesses for both sides shall be given time off
from work if they are otherwise scheduled to work during the arbitration hearing
to testify in the proceedings The parties shall evenly divide the costs of the
Arbiter and any AAA services charges with each party paying its own costs If
both parties desire a stenographic record the expenses of the same shall be
borne equally If only one party desires a stenographic record then that party
shall pay the cost of the preparation of its own copy and one for the Arbiter and
thedeclining party shall not be provided a copy
152 Any time limits stipulated in the grievanceprocedure may be extended for stated
periods of time by the appropriate parties by mutual agreement in writing
Pending final decision of any grievance by any of the above procedures work
shall continue without interruption
153 A grievance may be filed at a step above the level of the decision maker whose
actions are being questioned but in no case may a grievance be filed above
Step 3
ARTICLE 16 WORK STOPPAGES
161 The City and the Guild agree that the public interest requires efficient and
uninterrupted performance of all City services and to this end pledge their best
efforts to avoid or eliminate any conduct contrary to this objective Specifically
the Guild shall not cause or condone any work stoppage including any strike
slowdown refusal to perform customarily assigned duties sick leave absence
which is not bona fide or other interference with City functions by employees
under this Agreement and should same occur the Guild agrees to take
appropriate steps to end such interference Any concerted action by any
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employee in any bargaining unit shall bedeemed a work stoppage if any of the
above activities have occurred
ARTICLE 17 BULLETIN BOARDS
171 Bulletin Boards The City shall permit the reasonable use of bulletin boards by
the Guild for the postingof notices relating to official Guild business
172 Electronic Mail The Police Guild may use the Citys electronic mail EMail for
communications pertaining to Guild business ie meeting times places and
agendas voting election results and various topics of Guild business on issues
effecting the administration of the collective bargaining agreement with the City of
Auburn Members will comply with City policy
EMail communications will not contain profanity abusive language or derogatory
language of a discriminatory nature against individuals of a protected class
ARTICLE 18 BILLOF RIGHTS
181 The employer retains the right to adopt rules for the operation of the Auburn
Police Department and the conduct of its employees provided that such rules do
not conflict with City ordinances City and State Civil Service Rules and
Regulations as they exist or any provision of this Agreement and provided
further that such rules do not affect mandatory subjects of bargaining It is
agreed that the Employer has the right to discipline suspend or discharge
employees for just cause
a In an effort to ensure that disciplinary interviews are conducted in a
manner which is conducive to good order and discipline the
Auburn Police Guild shall be entitled to the protection of what shall
hereafter be termed as the Police Officers Bill of Rights A
disciplinary interview shall mean questioning by a person in
authority over an employee when the interviewereither knows or
reasonably shouldknow thatthe questioning concerns a matter that
could lead tosuspension demotion or termination
b Every employee who becomes the subject of a disciplinary
interview shall be advised in writing a minimum of 48 hours prior
to the time of the interview that heshe is suspected of
1 Committing a criminal offense
2 Misconduct that would be grounds for termination
suspension or demotion and
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3 That heshe has the right to Union representation during the
interview
C Any employee who becomes the subject of a criminal investigation
may have legal Counsel present during all interviews Nothing in
this agreement however shall be deemed a waiver of an
employees right to Union representation A criminal investigation
as used herein shall be interpreted as any action which could result
in the filing of a criminal charge
d In criminal matters employees will either be ordered to answer
questions or informed that they are not required to answer the
employers questions as a condition of employment
e The employee shall be informed in writing as to whether heshe is a
witness or suspect before any interview commences
f The disciplinary interview of any employee shall be at a reasonable
hour unless the exigency of the interview dictates otherwise
Whenever possible interviews shall be scheduled during the
normal workday of the City
g The employee or Employer may request that a disciplinary
interview be recorded either mechanically or by a stenographer
There can be no off the record questions Upon request the
employeein a disciplinary interview shall be provided an exact copy
of any written statement heshe has signed or of a verbatim
transcript of any interview
h Interviewing shall be completed within a reasonable time and shall
be done under circumstances devoid of intimidation or coercion In
all disciplinary interviews the employee shall be afforded an
opportunity and facilities to contact and consult privately with an
attorney of hisher own choosing before being interviewed Such
opportunity to contact and consult privately with a private attorney
shall not unduly delay the disciplinary interview The employee
shall be entitled to such reasonable intermissions as heshe shall
request for personal necessities meals telephone calls and rest
periods The employee may be represented by either a private
attorney or the Guild during the interview but not both
i All interviewing shall be limited in scope to activities
circumstances or events which pertain to the employees conduct
or acts which may form the basis for disciplinary action under one
1 or more ofthe categories contained in 2 herein
Exhibit A Resolution 4713
June 13 2011
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J The employee will not be threatened with dismissal or other
disciplinary punishment as a guise to attempt to obtain hisher
resignation nor shall heshe be subject to abusive or offensive
language or intimidation in any other manner No promises or
rewards shall be made as an inducement to answer questions
k No employee shall be required to unwillingly submit to a polygraph
test
I Should any section subsection paragraph sentence clause or
phrase in this article be declared unconstitutional or invalid for any
reason such decisionshall not affect the validity of the remaining
portions of this article
M The investigation shall be completed in a reasonable amount of
time in light of the circumstances and discipline shall be imposed
within a reasonable amount of time after the conclusion of the
investigation
ARTICLE 19 SAVINGS CLAUSE
191 If any article or any portion of any article ofthis Agreement or any addendums
thereto shouldbe held invalidby any tribunal of competent jurisdiction or if
compliance with or enforcementof any article should be restrained by such
tribunal the remainder of the Agreement and addendums shall not be affected
thereby and the parties shall enter into immediate collective bargaining
negotiations for the purpose of arriving at a mutually satisfactory replacement of
such article
ARTICLE 20 ENTIRE AGREEMENT
201 The Agreement expressed herein in writing constitutes the entire Agreement
between the parties and no oral statement shall add to or supersede any of its
provisions
ARTICLE 21 RETENTION OF BENEFITS
211 This Agreement shall not operate to reduce any benefits specified in this
Agreement which are now more favorably enjoyed by any of the employees
covered herein
ARTICLE 22 DRUG TESTING
221 Reporting to work under the influence of alcohol andor illegal drugs or the use
sale or possession by an employee of illegal drugs is strictly prohibited and may
result in disciplinary action including immediate termination For the purpose of
Exhibit A Resolution 4713
June 13 2011
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RES.A
i
this policy substances that require a prescription or other written approval from a
licensed physician or dentist for their use shall also be included when used other
than asprescribed Each employee must advise the Employer if they are using
prescription or other overthecounter drugs theyknow or reasonably should
know may impair their ability to perform job functions andor operate machinery
such as automobiles Under appropriate circumstances the Employer may
request the employee provide written medical authorization to perform various
essential job functions from a physician while using such drugs
Any voluntary request by an employee for assistance with hisher own alcohol
abuse problem will remain confidential and shall not be used as the basis for any
disciplinary action provided thatthe request for assistance is initiated prior to
being identified as impaired through the procedures herein
The parties recognize the essential purpose of any law enforcement agency is to
enforce the criminal laws Moreover the parties recognize the courts have held it
would substantially impair law enforcement agencies if they were required to
employ individuals within their ranks who have violated the very laws said
agencies are charged with enforcing Therefore the Employer reserves the right
to refuse to employ or continue the employment of individuals who are or have
been engaged in serious criminal conduct whether drug related or not
Where a supervisory employee of the City has a reasonable suspicion to believe
an employee is under the influence of alcohol or illegal drugs or is using illegal
drugs the employee in question will be asked to submit to discovery testing
including breath tests urinalysis andor a blood screen to identify any
involvement with alcohol or illegal drugs
An employee who refuses tosubmit to discovery testing foralcohol andor illegal
drugs shall be conclusively presumed to be under the influence of alcohol or an
illegal drug for the purpose of administering this Article
For the purpose of administering this Article the following definition of terms is
provided
Reasonable Suspicion Reasonable suspicion is based on specific objective
facts and reasonable inferences from those facts in the light of experience that
discovery testing will produce evidence of illegal drug or improper alcohol use by
that particular employee
Under the Influence The following cutoff levels shall be used for the initial
screening of specimens to determine whether they are negative for these drugs
or classes of drugs
Exhibit A Resolution 4713
June 13 2011
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RES.A
ngml Test Level
Amphetamines 1000
Barbiturates 300
Benzodiazepines 300
Cannabino ids 100
Cocaine metabolites 300
Methadone 300
Methadone 300
Methaqualone 300
Opiates Codeine 300
Opiates Morphine 300
Phencyclidine PCP 25
Propoxyphene 300
Level of the positive result for ethyl alcohol 004 grdl
Illegal Drugs Are defined as all forms of narcotics depressants stimulants
hallucinogens and cannabis which sale purchase transfer or unauthorized
use or possession is prohibited by law
OvertheCounterDrugs Are those which are generally available without a
prescription and are limitedto those drugs which are capable of impairing the
judgment of an employee to safety perform the employees duties
Prescription Drugs Are defined as those drugs which are used in the course of
medical treatment and have been prescribed and authorized for use by a
licensed practitionerphysicianordentist
222 If an employee is required to submit to a drug test the following procedure shall
be followed
a The employee shall be given an opportunity to confer with a Guild
representative if one is readily available and the employee has requested
said conference
b The employee shall be given an opportunity to explain the reasons for the
employees condition such as reaction to a prescribed drug fatigue
exposure to toxic substances or any other reasons known to the
employee to the test administrator The Employer and a Guild
representative may be present during this discussion
C The Employer may request urine andor blood samples
d Urine and blood samples shall be collected at a local laboratory hospital
or medical facility The Employer shall transport the employee to the
collection site The Employer andor Guild representative may be allowed
to accompany the employee to the collection site and observe the bottling
Exhibit A Resolution 4713
June 13 2011
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a RES.A
and sealing of the specimen The employee shall not be observed by the
Employer whenthe urine specimen is given
e All specimen containers and vials and bags used to transport the
specimen shall be sealed to safeguard their integrity in the presence of
the Employer employee and the Guild representative and proper chainof
custody procedures shall be followed
f The collection and testing of thesamples shall be performed only by a
laboratoryand by a physician or health care professional qualified and
authorized to administer and determine the meaning of any test results
The laboratoryperforming the test shat be one that is certified by the
National Institute of Drug AbuseNIDA Thelaboratory chosen must be
agreed to betweenthe Guild and the Employer The laboratory used shall
also be one whose procedures are periodically tested in a program where
they analyze unknown samples sent by an independent party The results
of such tests shall bemade available to the Employer and the Guild
g If a specimen tests positive in an immunoassay screen test the results
must be confirmed by a gas chromatographymass spectrometry tests
The specimen must showpositive results atwithin the following limits on
the GCMS gas chromatographymass spectrometry confirmatory test to
be considered positive
If immunoassay is specific for free morphine the initial test level is 25 ngml
Confirmatory Test
Marijuana metabolites 15 ngml
Cocaine metabolites 150 ngml
Opiates
Morphine 300 ngml
Codine 300 ngml
Phencyclidine 25 ngml
Amphetamines
Amphetamine 500 ngml
Methamphetamine 500 ngml
h At the employees or the Guilds option a sample of the specimen may be
requisitioned and sent to a laboratory chosen by the Guild for testing The
cost of this test will be paid by the Guild or the employee Failure to
exercise this option may not be considered as evidence in arbitration or
other proceeding concerning the drug test or its consequences The
results of this second test shall be provided tothe City
Exhibit A Resolution 4713
June 13 2011
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RES.A
i The employee and the Guild shall be informed of the results of all tests
and provided with all documentation regarding the tests as soon as the
test results are available
223 The parties shall designate a Medical Review Officer MRO to review all
confirmed positive test results and communicate those resultsto the Employer
The MRO shall have the responsibility todetermine when anindividual has failed
a drug test in accordance with thestandards enumerated herein The MRO shall
retain all records of all positive tests for at least five years and records of all
negative tests fdr at least one year
224 If the results of the drug test are positive and support a conclusion that the
employee used an illegal drug or reported to work whileunder the influence of
alcohol the employee may be subject to discipline including immediate
discharge
ARTICLE23 DURATION
231 This agreement shall become effective on January 1 2011 until December 31
2012
Signed this day of 2011 at Auburn Washington
CITY OF AUBURN AUBURNPOLICE GUILD
By By
Mayor
By
Director ofHuman Resources
By
City Clerk
Approved As To Form
By
City Attorney
Exhibit A Resolution 4713
June 13 2011
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RES.A
Appendix A
2011 STRAIGHTTIME HOURLY RATE OF PAY
Section 1 Pay Plan effective January 1 2011 00 COLA applied to the 2010
Commissioned Police and Sergeant salary schedules
CLASSIFICATION HOURLY RATES OF PAY
06 Mos 718 Mos 1930 Mos 3142 Mos 43 Mos
Position Step 1 Step 2 Step 3 Step 4 Step 5
Police Officer
1111 123111 2771 2940 3113 3309 3504
Sergeant
1111 123111 4079
2011 PAY PLAN
Zero percent 0 wage increase for 2011
2012 PAY PLAN
Zero percent 0 wage increase for 2012
Exhibit A Resolution 4713
June 13 2011
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RES.A
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4716
Date:
June 13, 2011
Department:
Public Works
Attachments:
Resolution No. 4716
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4716.
Background Summary:
Public Works
The following items are totaled, worn and/or obsolete:
Fabco Power Hydraulic Generator - S/N - 10974029
Haden - 56 feet of hose
Hyd-omahane - Metal Lever
Champion - Air Compressor - S/N R40A 3791
Honda - Stow 3" trash pump
Bear Pac 400 - Gas engine analyzer, smoke tester - S/N 05T0194
Fabco Power Hydraulic Generator - S/N 10974028
Baldwin - Filter, tank & 56 feet of hoses
Hyd-Omanhane - metal piece with hose fittings
GBC Folder Binder - S/N RB00208P and 2 boxes binding supplies
Martin Yale - Letter folder - S/N 43844
6507E - 2003 Chevrolet Express Cargo Van VIN#1GCGG25V131174233
6730A - 2004 Chevrolet Colorado Pickup VIN#1GCDT136748151665
P031D - 2007 Ford Crown Victoria VIN#2FAFP71W77X136175
P066B - 2006 Honda ST1300P Motorcycle VIN#JH2SC51706M400304
Administration
The following items are obsolete or no longer of use to the City:
2 Phone Holders
1 Document Holder
3 In-box trays
1 Business card holder
2 Sliding desk drawer organizers
1 Desk calendar holder
1 Mouse pad
AUBURN * MORE THAN YOU IMAGINEDRES.B
1 Tape dispenser
2 Calculators with tape
3 Magazine holders
1 Disk holder
F4.6.1
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Backus Staff:Coleman
Meeting Date:June 20, 2011 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINEDRES.B
RESOLUTION NO 4716
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN WASHINGTON DECLARING
CERTAIN ITEMS OF PROPERTY AS SURPLUS
AND AUTHORIZING THEIR DISPOSAL
WHEREAS the City of Auburn Public Works Department has a number of
items which are no longer of use to the City and
WHEREAS it would be appropriate to surplus the property and dispose of
it by auction or other sale mechanism or to dispose of it in whole or in part
through gift to another governmental agency or an appropriate charitable non
profit entity as deemed most expedient by the Mayor
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON HEREBY RESOLVES as follows
Section 1 Purpose That the property identified below is declared
to be surplus and the Mayor is authorized to dispose of and convey such
property through appropriatesale or donation to another governmental agency or
charitable nonprofit entity
PublicWorks
The following items are totaled worn andor obsolete
Fabco Power Hydraulic Generator SN 10974029
Haden 56 feet of hose
Hydomahane Metal Lever
Champion Air Compressor SN R40A 3791
Honda Stow 3 trash pump
Bear Pac 400 Gas engine analyzer smoke tester SN 05T0194
Fabco Power Hydraulic Generator SN 10974028
Resolution No 4716
June 10 2011
Page 1 of 3
RES.B
Baldwin Filter tank 56 feet ofhoses
HydOmanhane metal piece with hose fittings
GBC Folder Binder SN RB00208P and 2 boxes binding supplies
Martin Yale Letter folder SN 43844
6507E 2003 Chevrolet Express Cargo Van VIN1 GCGG25V131174233
6730A 2004 Chevrolet Colorado Pickup VIN1 GCDT136748151665
P031 D 2007 Ford Crown Victoria VIN2FAFP71W77X136175
P066B 2006 Honda ST1300P Motorcycle VINJH2SC51706M400304
Administration
The following items are obsolete or no longer of use to the City
2 Phone Holders
1 Document Holder
3 Inbox trays
1 Business card holder
2 Sliding desk drawer organizers
1 Desk calendar holder
1 Mouse pad
1 Tape dispenser
2 Calculators with tape
3 Magazine holders
1 Disk holder
Section 2 Implementation That the Mayor is authorized to
implement such administrative procedures as may be necessary to carry out the
directives of this legislation
Section 3 Effective Date That this Resolution shall take effect
and be in full force upon passage and signatures hereon
Dated and Signed this day of 12011
CITY OF AUBURN
PETER B LEWIS
MAYOR
Resolution No 4716
June 10 2011
Page 2 of 3
RES.B
ATTEST
Danielle E Daskam City Clerk
City Clerk
APPROVED
KyrDaelBHei
ution No 4716Resol
June10 2011
Page 3 of 3
RES.B
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4717
Date:
June 14, 2011
Department:
Public Works
Attachments:
Resolution No. 4717
Budget Status Sheet
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4717.
Background Summary:
The purpose of Phase I for the ‘A' Street NW Extension Project is to complete the
design and construction of a 1.47 mile roadway link of a new minor arterial street on ‘A'
Street NW from 14th Street NW south to 3rd Street NW and half street improvements on
10th Street NW/NE between A Street NW and A Street NE. The ‘A‘ Street NW Corridor
Project will improve the flow of north/south traffic between the two grade-separated
streets, 3rd Street SW & 15th Street NW, relieve traffic congestion on Auburn Way
North, and improve traffic flow by connecting the two northern shopping/commercial
areas, 15th Street NW commercial corridor and the 9th /10th Street NE shopping
corridor to the Auburn Sound Transit Station and downtown shopping area.
In addition, this project will complete the construction of a new 12-inch waterline
connection between 3rd Street NW and 14th Street NW providing improved water
distribution and fire flow in the area.
This project also includes the mitigation of impacted wetlands from the project on
approximately 22 acres of the City's Auburn Environmental Park.
The bid opening was held on June 14, 2011, which did not allow enough time for staff to
complete the bid verification and State approvals prior to the Public Works Committee
and City Council packet development. Resolution 4717 would grant the Mayor the
authority to award and execute the construction contract to the lowest responsible
bidder and avoid delaying the construction start date by 2 weeks.
The estimated total cost for this project is $8,447,016, which is funded by a combination
of Federal Highway Administration Grants and appropriates and City water and street
AUBURN * MORE THAN YOU IMAGINEDRES.C
funds.
O4.9.1
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:June 20, 2011 Item Number:RES.C
AUBURN * MORE THAN YOU IMAGINEDRES.C
RESOLUTION NO 4 7 1 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON AUTHORIZING THE MAYOR TO AWARD
AND EXECUTE AN AGREEMENT WITH THE LOWEST
RESPONSIBLE BIDDER FOR CONSTRUCTION OF PUBLIC
WORKS CONTRACT NUMBER 1113 FOR PROJECT C207A A
STREET NW EXTENSION AB CORRIDOR
WHEREAS the City Council of the City of Auburn has approved a project to
design and construct 147 miles of new roadway on A Street NWbetween 3d Street
NW and 14th Street NW half street improvements on 10th Street NWNE between A
Streets NE and NW and
WHEREAS the project will also complete the construction of a new 12inch
waterline connection between 3rd Street NW and 14th Street NW and
WHEREAS the project includes off site mitigation of impacted wetlands on
approximately 22 acres of the Citys Auburn environmental Park and
WHEREAS the project is funded by several Federal Highway Administration
Grants and appropriations and City funds and
WHEREAS a project Bid Opening forthe construction of the roadway took
place on June 14 2011 which did not allow enough time for staff to complete bid
verification prior to the City Council meeting and
WHEREAS waiting to award the construction contract until the next regularly
scheduled meeting would result in a two weekdelay of the construction start date and
Resolution No 4717
June 14 2011
Page 1 of 3
RES.C
WHEREAS the work within the existing wetlands is restricted by the Hydraulic
Project Approval and
WHEREAS the City of Auburn Public Works Department will assess the bids
received and identify the Lowest Responsible Bidder and
WHEREAS it is in the public interest to award and execute public works
construction contract 1113 with all expediency to take advantage of the remaining
construction season
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN KING
COUNTY WASHINGTON HEREBY RESOLVES as follows
Section 1 The Mayor of the City of Auburn is hereby authorized to review
bids award and execute an Agreement between the City of Auburn and the Lowest
Responsible Bidder for Project Number C207A Public Works Contract Number 1113
A Street NW Extension AB Corridor which agreement shall conform with the Bid
Documents provided that the bid amount does not exceed the project budget
Section 2 The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation
Section 3 This resolution shall be in full force and effect upon passage and
signatures hereon
Resolution No 4717
June 14 2011
Page 2 of 3
RES.C
Dated and Signed this day of 2011
CITY OF AUBURN
PETER B LEWIS
MAYOR
ATTEST
Danielle E Daskam City Clerk
APPF E
W
M
iel B Hei k
Resolution No 4717
June 14 2011
Page 3 of 3
RES.C
Project No: C207AProject Title:
Project Manager: Ingrid Gaub
Consultant Contract
Initiation Date: 10/28/2002 Permision to Advertise Date:6/14/2011
Advertisement Date: _05/24/2011______ Contract Award
Award Date: ___________ Change Order Approval
Contract Final Acceptance
Funding Prior Years2010 Final 2011 2012 Total
102 Fund - Unrestricted Streets 258,962$ -$ -$ 18,495$ 277,457$
102 Fund - Grants (Federal)840,644$ 395,135$ 5,344,930$ -$ 6,580,709$
102 Fund - Impact Fees 183,468$ 7,592$ 712,208$ 21,820$ 925,088$
MultiCARE 10th St 1/2 Street -$ -$ 430,855$ -$ 430,855$
430 Fund - Water -$ -$ 350,000$ -$ 350,000$
430 Fund - Water (R&R program)56,000$ 56,000$
Total 1,283,074$ 402,727$ 6,893,993$ 40,315$ 8,620,109$
Developer in Kind Contiburtions of $1,285,170 not included in this Budget
Activity Prior Years2010 Final20112012Total
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
BUDGET STATUS SHEET
A Street NW Extension (A/B corridor)
The "Future Years" column indicates the projected amount to be requested in future budgets.
Design Engineering - City Costs 192,088$ 38,616$ 38,234$ -$ 268,938$
Design Engineering - Consultant Costs 840,000$ 319,700$ 288,585$ -$ 1,448,285$
Property Acquisition 250,986$ -$ 725,784$ -$ 976,770$
Property Acquisition - Consultant Costs -$ 40,474$ 34,526$ -$ 75,000$
Property Acquisition - City Costs -$ 3,937$ 8,063$ -$ 12,000$
Construction Estimate -$ -$ 3,300,000$ 1,500,000$ 4,800,000$
Authorizied Contingency (8%)-$ -$ 264,000$ 120,000$ 384,000$
Const. Engineering - City Costs -$ -$ 60,000$ 50,000$ 110,000$
Const. Engineering - Consultant Costs -$ -$ 160,000$ 47,315$ 207,315$
PSE Utility Relocation -$ -$ 112,408$ -$ 112,408$
WSDOT Grant Services -$ -$ 52,300$ -$ 52,300$
-$
Total 1,283,074$ 402,727$ 5,043,900$ 1,717,315$ 8,447,016$
* Funds and costs for developer completed portions of roadway not included.
Prior Years2010 Final20112012Total
*102 Funds Budgeted ( )(1,283,074)$ (402,727)$ (6,487,993)$ (40,315)$ (8,214,109)$
102 Funds Needed 1,283,074$ 402,727$ 4,638,572$ 1,717,315$ 8,041,687$
*102 Fund Project Contingency ( )(0)$ -$ (1,849,421)$ -$ (172,422)$
102 Funds Required-$ 0$ -$ 1,677,000$ -$
Prior Years2010 Final20112012Total
*430 Funds Budgeted ( )-$ -$ (406,000)$ -$ (406,000)$
430 Funds Needed -$ -$ 405,328$ -$ 405,328$
*430 Fund Project Contingency ( )-$ -$ (672)$ -$ (672)$
430 Funds Required-$ -$ -$ -$ -$
430 Water Budget Status
102 Arterial Street Budget Status
* ( # ) in the Budget Status Sections indicates Money the City has available.
Worksheet: Award June 2011
File: C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.498.1.C207A_Budget_Status_Sheet_-_Award.xls
6/14/2011
Page 1 of 1RES.C
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