HomeMy WebLinkAbout02-21-2012 Council Agenda Packet
City Council Meeting
February 21, 2012 - 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
1. Valley Cities Presentation
2. Proclamation - Goodwill Ambassadors for the City Auburn
Mayor Lewis to proclaim 2012 Miss Auburn Tera Sabo and 2012 Miss
Auburn's Outstanding Teen Allison Arthur as "Goodwill Ambassadors for the
City of Auburn".
3. King County Landmarks Commission Appointment
(Action Requested: City Council confirm the appointment of Kenneth Gregory
Watson as the City's representative to the King County Landmarks
Commission.)
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. February 13, 2012 Minutes* (Peloza)
B.Planning & Community Development
1. February 13, 2012 Minutes* (Backus)
C.Public Works
1. February 6, 2012 Minutes* (Wagner)
D.Finance
1. February 6, 2012 Minutes* (Partridge)
E.Les Gove Community Campus
F.Council Operations Committee
IV.REPORTS
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A.From the Council
B.From the 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 February 6, 2012 Regular Meeting*
B. Claims Vouchers (Partridge/Coleman)
Claims check numbers 411135 through 411529 in the amount of $3,726,642.30
and dated February 21, 2012.
C. Payroll Vouchers (Partridge/Coleman)
Payroll check numbers 532674 to 532708 in the amount of $844,851.88 and
electronic deposit transmissions in the amount of $1,220,923.56 for a grand total of
$2,065,775.44 for the pay period covering February 2, 2012 to February 15, 2012.
D. Municipal Services Project No. MS1110* (Peloza/Dowdy)
City Council approve Change Order No. 2 in the amount of $16,392.15 to Small
Works Contract No. 11-21 for work on Project No. MS1110, Jacobsen Tree Farm
and Fields Residential Buildings Demolition Project
E. Amendment to Agreement WCC11-16-008 for the Auburn Environmental Park
Wetlands Boardwalk Trail Project* (Backus/Snyder)
City Council to approve an amendment to Agreement WCC11-16-008 between the
City of Auburn and the Washington Conservation Corps authorizing a project
budget increase for construction of the Auburn Environmental Park Wetlands
Boardwalk Trail.
F. Public Works Project No. CP1010* (Wagner/Dowdy)
City Council approve Final Pay Estimate No. 4 to Contract No. 10-26 with Reed
Trucking & Excavating, Inc. in the amount of $5,274.80, for a total contract price of
$117,643.04, and accept construction of Project No. CP1010, 2010 Storm
Drainage Repair/Replacement
(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. 6398* (Peloza/Coleman)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Section 3.80.040 of the Auburn City Code relating to tax levies on bingo, raffles,
punchboards, pull tabs and amusement games
(ACTION REQUESTED: City Council introduce and adopt Ordinance No. 6398.)
B. Ordinance No. 6403* (Backus/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Sections 18.56.010, 18.56.020 and 18.56.030 of the Auburn City Code and City of
Auburn Ordinance Numbers 6327 and 6353 as to the effective dates of said
ordinance amendments all relating to temporary signs
(ACTION REQUESTED: City Council introduce and adopt Ordinance No. 6403.)
IX.RESOLUTIONS
A. Resolution No. 4793* (Backus/Snyder)
A Resolution of the City Council of the City of Auburn, Washington establishing the
City of Auburn Small Business Development Assistance Pilot Program and
authorizing modifications specified herein of the City of Auburn fee schedule - fees
for city permits and actions
(ACTION REQUESTED: City Council adopt Resolution No. 4793.)
B. Resolution No. 4802* (Peloza/Lee)
A Resolution of the City Council of the City of Auburn, Washington, approving and
authorizing the amended Interlocal Cooperation Agreement regarding the Valley
Special Weapons and Tactics team (formerly Valley Special Response Team)
(ACTION REQUESTED: City Council adopt Resolution No. 4802.)
C. Resolution No. 4803* (Peloza/Faber)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
acceptance of a grant from the Cultural Development Authority of King County
("4Culture") and authorizing the Mayor and City Clerk to execute the necessary
contracts to accept said funds
(ACTION REQUESTED: City Council adopt Resolution No. 4803.)
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:
February 13, 2012 Minutes
Date:
February 14, 2012
Department: Attachments:
Municipal Services Minutes 2/12/12
Budget Impact:
$0
Administrative Recommendation:
For information only.
Background Summary:
Background Information
Reviewed by Council Committees:
Councilmember:Peloza Staff:
Meeting Date:February 21, 2012 Item Number:MS.1
AUBURN * MORE THAN YOU IMAGINEDMS.1
Municipal Services Committee
February 13, 2012 - 3:00 PM
City Hall Conference Room 3
MINUTES
DRAFT
I. CALL TO ORDER
A. Roll Call
Chair Peloza called the meeting to order at 3 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 Wayne Osborne, Member Largo Wales. Staff present: Chief of Police Bob Lee, City
Attorney Dan Heid, Finance Director Shelley Coleman, Assistant City Attorney Steve Gross, Parks
& Recreation Director Daryl Faber, Public Works Director Dennis Dowdy, Project Engineer Leah
Dunsdon and Police Secretary/Scribe Kathy Emmert. Others present: Former Councilmember
Virginia Haugen, citizens Joe Mahoney (Sports Page owner), Linda Carson and Ed Bailes
(Rainbow Cafe owner), Henry DeHoog (Home Plate Pub owner) and Auburn Reporter
representative Robert Whale.
B. Announcements
There were no announcements.
C. Agenda Modifications
There were no agenda modifications.
II. CONSENT AGENDA
A. Minutes January 23, 2012 Meeting
Vice Chair Osborne moved to accept the Minutes. Member Wales seconded. Chair Peloza
concurred.
MOTION CARRIED: 3-0
B. Municipal Services Project No. MS1110 (Dowdy)
Approve Change Order No. 2 in the amount of $16,392.15 to Small Works
Contract No. 11-21 for work on Project No. MS1110, Jacobsen Tree Farm
and Fields Residential Buildings Demolition Project
Vice Chair Osborne moved to approve the project. Member Wales seconded. Chair Peloza
concurred.
MOTION CARRIED: 3-0
III. ACTION
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MS.1
A. Ordinance No. 6398 (Coleman)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Section 3.80.040 of the Auburn City Code relating to tax levies on
Bingo, Raffles, Punchboards, Pull Tabs and Amusement Games
Vice Chair Osborne moved to forward Ordinance No. 6398 to the full Council for acceptance and
implementation. Member Wales seconded. Chair Peloza concurred.
MOTION CARRIED: 3-0
B. Resolution No. 4802 (Lee)
A Resolution of the City Council of the City of Auburn, Washington,
approving and authorizing the amended Interlocal Cooperation Agreement
regarding the Valley Special Weapons and Tactics team (formerly Valley
Special Response Team)
Member Wales moved to forward Resolution No. 4802 to the full Council for acceptance. Vice
Chair Osborne seconded. Chair Peloza concurred.
MOTION CARRIED: 3-0
C. Resolution No. 4803 (Faber)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the acceptance of a grant from the Washington State Arts
Commission and authorizing the Mayor and City Clerk to execute the
necessary contracts to accept said funds
Director Faber clarified that the grant is from King County 4 Culture not the Washington State Arts
Commission.
Vice Chair Osborne moved to forward Resolution No. 4803 as amended to the full Council for
acceptance. Member Wales seconded. Chair Peloza concurred.
MOTION CARRIED: 3-0
IV. DISCUSSION ITEMS
Prior to the Discussion portion of the agenda, Chair Peloza offered former Councilmember Haugen an
opportunity to address the Committee. Ms. Haugen expressed her personal support for and enjoyment
of the Auburn Ave Theater and requested that should there be funds available in the future the support of
the Muni Services Committee towards preservation and/or restoration of the building would be
appreciated.
A. Redflex Program Financial Information (Coleman)
Finance Director Coleman presented an annual report regarding the financial portion of the
Redflex Program. From a functional perspective, as outlined in the annual report provided by the
Police Department at the January 23 meeting, the program is succeeding in terms of public
education and safety. Currently, the invoices billed monthly from Redflex to the City exceed the
amount of revenue generated and paid to the City from fines. The City's contract with Redflex
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MS.1
limits the payment on those invoices to the revenues collected in a given month. There is currently
a deficit balance of amounts paid to Redflex as the fines generated under the program are less
than the monthly billings. Should the revenues generated from the fines exceed the monthly
amount invoiced, those amounts will be applied to previous months where the revenue fell short of
the invoices amount.
The City has, additionally, applied costs to the amount of staff time used monthly to administer the
program. Should the program be discontinued, the staff time will be allocated to other
program/projects in the City. As an additional note, should revenues from the Redflex program
exceed all invoiced amounts not paid and the program costs allocated for staff costs, those
revenues would then be used for traffic calming projects in the neighborhoods.
Member Wales discussed her concern, based on negative comments received from individuals in
the community, regarding the signage on intersections that are not monitored by a camera. She
requested this topic be added to the agenda for the March 26 meeting so that it could be
discussed more fully at that time.
B. Animal Control Services Financial Report (Coleman)
Finance Director Coleman presented the 2011 financial status of the Regional Animal Control
Services with King County. King County has not yet completed its audit however, the City
anticipates an estimated refund of $38,420.00 sometime in June 2012.
C. Fireworks - General Discussion
Chair Peloza presented a handout he prepared and City Attorney Dan Heid distributed the full
Muckleshoot Indian Tribe Ordinance related to fireworks. Vice Chair Osborne noted that the
fireworks hotspots in the Police Department fireworks report for 2011 are Auburn citizens calling
911 related to other Auburn citizens in their neighborhoods who are not in compliance with the city
ordinance. In addition, there are numerous calls to 911 related to the vendor displays and
discharge times for the general public on the reservation.
The Committee will be attending the MIT Council meeting on February 22 and hopes to discuss
potential solutions resulting in fewer complaints regarding fireworks.
D. Matrix
The Matrix is amended as follows:
Item 10P - remove the last sentence in the Status column. Add new reminder to discuss signage
at intersections which are not monitored by a camera.
Item 24P - amend the Review Date to 2/27/12 and remove the last sentence in the Status column.
Item 27P - remove the last sentence in the Status column.
Item 30P- amend the Review Dateto3/26/10.
Item 4 I - New Item - Ordinance No. 6398 - Review Date 2/11/13- Status review regarding possible
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MS.1
change in tax basis should economy significantly change.
V. ADJOURNMENT
The meeting adjourned at 4:30 p.m. The next meeting of the Municipal Services Committee is February
27, 2012 at 3:30 p.m. (new time for meeting start).
Signed this ______ date of ________________, 2012.
______________________________________ _________________________________
Bill Peloza, Chair Kathy Emmert, Police Secretary/Scribe
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MS.1
AGENDA BILL APPROVAL FORM
Agenda Subject:
February 13, 2012 Minutes
Date:
February 15, 2012
Department:
Planning and Development
Attachments:
Planning & Development Committee
Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
For information only.
Background Summary:
Reviewed by Council Committees:
Councilmember:Backus Staff:
Meeting Date:February 21, 2012 Item Number:PCD.1
AUBURN * MORE THAN YOU IMAGINEDPCD.1
Planning and Community
Development
February 13, 2012 - 5:00 PM
Annex Conference Room 2
MINUTES
I. CALL TO ORDER
A. Roll Call
Chair Backus, Vice-Chair Partridge and Member Holman were present. Also
present Planning and Development Department Director Kevin Snyder, Planning
Manager Elizabeth Chamberlain, Temporary Planning Intern Gary Yao,
Environmental Protection Manager Chris Anderson, Parks, Arts & Recreation
Director Art Faber; Contract Economic Development Manager Doug Lein,
Contract Economic Development Planner William Thomas, Jamie Kelley and Kim
Truong and Planning and Development Secretary Tina Kriss.
Members of the public in attendance included: Kathleen Keator, Executive
Director of The Auburn Downtown Association.
B. Announcements
There were no announcements.
C. Agenda Modifications
There were no agenda modifications.
II. CONSENT AGENDA
A. Minutes - January 23, 2012 (Snyder)
Councilmember Holman moved and Councilmember
Partridge seconded to to approve the Consent Agenda as presented.
Motion Carried Unanimously. 3-0.
III. ACTION
A. Resolution 4803 - Authorization of Grant Acceptance (Faber)
Director Faber pointed out a change is needed in the Resolution No. 4803
language (header and Section 1). Delete “WASHINGTON STATE ARTS
COMMISSION” and insert “KING COUNTY 4CULTURE”. Director Faber
explained the grant, in the amount of $10,000.00, was awarded by the
Office of Cultural Development Authority of King County 4Culture to install
an exterior performance stage cover in Les Gove Park that would allow
additional outdoor concerts and a variety of uses.
Page 1 of 5
PCD.1
Committee shared their support of the grant money being directed to install
the exterior performance stage cover.
Councilmember Holman moved and Councilmember Partridge seconded to
approve Resolution No. 4803.
Motion Carried Unanimously. 3-0
B. Ordinance No. 6397 - Temporary Signs (Yao)
Planning Intern Gary Yao stated Ordinance No. 6397 is a procedural ordinance
extending the Temporary Sign provision staff discussed with Committee on
January 23, 2012. The extension would be for two (2) years through March 15,
2014.
This item went before Public Works Committee and no further questions or
comments were made.
Committee had no further questions.
Councilmember Partridge moved and Councilmember Holman seconded to
approve Resolution No. 6397.
Motion Carried Unanimously. 3-0.
C. Resolution No. 4793 - City of Auburn Small Business Development
Assistance Pilot Program (Snyder)
Director Snyder stated this item was brought for discussion at the Committee’s
January 23, 2012 meeting; Resolution No. 4793 is intended to help small
businesses with 20 or fewer full time equivalent (FTE) employees start, move, or
relocate in the City of Auburn. Resolution No. 4793 would enable staff to set up a
separate fee structure for certain fee types; it is a pilot program and would expire
as proposed by staff December 31st, 2013. Committee and staff reviewed the
examples provided showing businesses that may have benefited from this tool.
Director Snyder noted a correction in the resolution provided at the last meeting;
the fire plan review and inspection fees have been removed. Valley Regional Fire
Authority (VRFA) establishes and sets their fee schedules (City staff implements
those fee structures).
Chair Backus asked if the ten percent (10%) variance regarding the number of
FTE discussed at the previous meeting was included. Director Snyder responded
it was not included but will be corrected by adding a separate section to the
resolution.
Member Holman thinks this is a good incentive; the reduction in costs to small
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PCD.1
business is minor compared to the overall benefit (publicity, marketing, potential
tax dollars) which will more than pay for the economic costs.
Chair Backus concurred; it reflects a tangible incentive for small business in
addition to good will. Member Partridge expressed his caution with the potential
offset of cost recovery. Director Snyder stated the fees will be decreased with a
small loss to the City’s general fund.
Committee and staff discussed the overall permit fees and cost recovery. Member
Partridge suggested further review of the City’s fee structure and also suggested
maybe allowing businesses who have been in operation within the City for a year
to be eligible.
Director Snyder stated the City has received many comments and questions
regarding the City’s incentives from customers prompting staff to generate
additional tools as market incentives and feels. Committee and staff discussed
how the program would be tracked to determine the success for any potential
extensions or changes.
Director Snyder stated should Committee decide to move this forward as an
action item the following amendments are requested by staff to the drafted
Resolution No. 4793:
· Remove references to fire plan review and fire inspection fees (page one (1) of
the resolution)
· Add a reference to the proposed variance between current section four (4) and
five (5) that would read “the planning director shall be authorized an additional ten
percent (10%) variances for businesses that satisfactorily demonstrate that such
variance will substantially contribute to their ability to start, move or expand in the
City of Auburn.
Councilmember Holman moved and Councilmember Partridge seconded to
Approve Resolution No. 4793 as amended by staff.
Motion Carried Unanimously. 3-0.
IV. DISCUSSION ITEMS
A. Briefing on Growing Transit Oriented Communities Workshop (Holman)
Councilmember Holman shared with Committee that on Wednesday, February 2,
2012 he attended a workshop called Transit Oriented-Communities at University
of Washington-Tacoma, co-hosted by Futurewise (Washington State’s premier
smart growth advocacy organization). One presenter, David Cutler AIA, NCARB
Senior Associate of GGLO (a Pacific Northwest architecture/design firm)
discussed best practices for how communities in Pierce County and South King
County can plan and build transit-oriented communities. The workshop paid
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PCD.1
special focus on the current activities of the Growing Transit Communities
program of the Puget Sound Regional Council.
Member Holman suggested that Mr. Cutler attend a Committee meeting to provide
the same presentation. Committee and staff discussed the potential formats and
committees this presentation could take place. Staff stated they will coordinate
with Chair Backus, Member Holman, and other City staff to bring this presentation
to the City.
B. Amendment to Agreement WCC11-16-008 for the Auburn Environmental
Park Wetlands Boardwalk Trail Project (Andersen/Truong)
Environment Protection Manager Chris Andersen provided photos updating
Committee on the construction progress of the Auburn Environmental Park
Wetlands Boardwalk Trail Project. The boardwalk trail has been substantially
constructed; however, additional funding is necessary for completion. The primary
reason for this increase is unexpected construction challenges resulting from
significant wet conditions in the Park.
Staff requested the Committee to consider Washington Conservation Corps
Contract Amendment No. 3, Agreement No. WCC11-16-0008 for a $10,000.00
increase in the project budget to $55,000.00 and forward the amendment to full
City Council for review and approval in an effort to meet projected deadlines.
This increase is accounted for in the project contingency and there is no budget
impact. Committee and staff discussed the current process and
schedule. Committee stated this is a wonderful asset to the Community and is
supportive of the increase.
Councilmember Partridge moved and Councilmember Holman seconded to
Approve Amendment No. 3 to Agreement WCC11-16-008 for the Auburn
Environmental Park Wetlands Boardwalk Trail Project.
Motion Carried Unanimously. 3-0
C. Downtown Market Analysis (Snyder/Chamberlain)
Planning Manager Elizabeth Chamberlain stated as part of the master
development agreement with Alpert International negotiated in 2010 the City
agreed to conduct a market analysis for the four block redevelopment area known
as Auburn Junction. The primary purpose of the market analysis was to review
market conditions and forces affecting the redevelopment, particularly given the
economic recession and its resultant effects. Gardner Economics was selected to
provide the market analysis.
Committee and staff reviewed several of the key points of the analysis. Director
Snyder stated staff did not feel there was anything new or surprising but confirmed
the effects of the market conditions. It will lay a better foundation for the Council
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PCD.1
and Community to understand the direction of the market forces for downtown and
what is likely to occur for the next several years enabling the City to plan.
Staff thought the analysis was helpful and will be used as the City markets Auburn
Junction; it is also helpful to let the City know how they compete in the market
locally and within the Puget Sound Region. This will be a great tool to assist the
real estate broker with realistic expectations to broker Auburn Junction.
Committee felt the report was helpful and will aid the City in future planning.
D. Pierce County Regional Council Center of Particular Local Interest
(Snyder/Chamberlain)
On February 5, 2012, the City of Auburn received a letter from Glen Hull,
Chair of the Pierce County Regional Council (PCRC) that was transmitted
to all participating jurisdictions in Pierce County. Mr. Hull’s letter advised
that the PCRC is seeking expressions of interest by local jurisdictions for
Centers of Particular Local Interest that is a new designation.
Committed staff discussed the location of Lakeland Hills South as a Center
of Particular Local Interest. At this time the City would be submitting an
expression of interest only. No financial, policy or resources will be
commitment. The specific deadline for submitting information is February
17, 2012.
Committee was supportive of staff proposing Lakeland Hills South as a
Center of Particular Local Interest and submitting a letter of interest.
E. Director's Report (Snyder)
Director Snyder updated Committee on the master plan parking plan. Staff is
currently working on the parking web survey and one-on-one stakeholders
surveys. Shortly thereafter staff plans to schedule a public open house to obtain
more public information.
F. PCDC Status Matrix (Snyder)
Committee had no questions or comments on the matrix.
V. ADJOURNMENT
There being no further business to come before the Planning and Community
Development Committee, Chair Backus adjourned the meeting at 6:12 p.m.
APPROVED THIS ____________ day of ___________, 2012.
_______________________________ __________________________
Nancy Back - Chair Tina Kriss - Planning Secretary
Page 5 of 5
PCD.1
AGENDA BILL APPROVAL FORM
Agenda Subject:
February 6, 2012 Minutes
Date:
February 14, 2012
Department:
Public Works
Attachments:
February 6, 2012 Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
See attached.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:
Meeting Date:February 21, 2012 Item Number:PW.1
AUBURN * MORE THAN YOU IMAGINEDPW.1
Public Works Committee
February 6, 2012 - 3:30 PM
Annex Room 2
MINUTES
I. CALL TO ORDER
Chairman Rich Wagner 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, 98002.
A. Roll Call
Chairman Wagner, Vice-Chair Bill Peloza, and Member Osborne were
present. Also present during the meeting were: Councilmember John
Holman, Public Works Director Dennis Dowdy, City Engineer/Assistant
Director Dennis Selle, Assistant City Engineer Ingrid Gaub, Utilities
Engineer Dan Repp, Water Utility Engineer Cynthia Lamothe, Storm
Drainage Engineer Tim Carlaw, Project Engineer Jacob Sweeting, Project
Engineer Ryan Vondrak, Street Systems Engineer Seth Wickstrom, Finance
Director Shelley Coleman, Financial Planning Manager Martin Chaw,
Planning Director Kevin Snyder, Planning Manager Elizabeth Chamberlain,
Environmental Protection Manager Chris Andersen, Planning Intern Gary
Yao, Citizen Nick Perrius, and Public Works Secretary Jennifer Rigsby.
B. Announcements
There were no accouncements.
C. Agenda Modifications
There were no agenda modifications.
II. CONSENT AGENDA
A. Approval of Minutes
Councilmember Peloza moved and Councilmember
Osborne seconded to approve Public Works Committee Meeting minutes for
date, January 17, 2012.
Motion Carried Unanimously. 3-0.
B. Right-of-Way Use Permit No. 11-35 (Mund)
Councilmember Peloza moved and Councilmember
Osborne seconded to approve Right-of-Way Use Permit No. 11-35 for the
Auburn School District for Communications Conduit Facilities in 4th Street
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PW.1
NE and J Street NE.
Engineering Aide Mund explained that the School District applied for a
renewal of a five-year Right-of-Way Use Permit for existing conduit facilities
under 4th Street NE and J Street NE which connects their administrative
building to Auburn High School.
Vice-Chair Peloza asked if the construction of the new school facility will
affect the conduit if the school bond is approved. Assistant Director/City
Engineer Selle stated that staff does not know if the School District is
planning to relocate or change the existing conduit connection.
Motion Carried Unanimously. 3-0.
C. Right-of-Way Use Permit No. 12-02 (Mund)
Councilmember Peloza moved and Councilmember
Osborne seconded to approve Right-of-Way Use Permit No. 12-02 for the
City of Auburn Parks, Arts, and Recreation’s Petpalooza Dog Trot Fun Run.
Engineering Aide Mund stated that the permit is the same as the previous
year. Using the vicinity map, Mund reviewed the run route with the
Committee.
Motion Carried Unanimously. 3-0.
D. Right-of-Way Use Permit No. 12-03 (Mund)
Councilmember Peloza moved and Councilmember
Osborne seconded to approve Right-of-Way Use Permit No. 12-03 for
Cenex Harvest/Farallon Consulting LLC Monitoring Wells.
Engineering Aide Mund stated that Cenex Harvest/Farallon Consulting is
monitoring for the CHS site off of H Street and the reports are sent to Water
Quality Coordinator Thorn who reviews the data/information.
Motion Carried Unanimously. 3-0.
E. Public Works Project No. CP1004 (Sweeting)
Councilmember Peloza moved and Councilmember
Osborne seconded to recommed that the City Council approve Final Pay
Estimate No. 6 to Contract No. 10-21 with Prime Electric in the Amount of
$0.00 for a Total Contract Price of $676,565.51 and Accept Final
Construction of Project No. CP1004, South Auburn ITS Expansion.
Vice-Chair Peloza recommended that the schedule show a zero amount
instead of a dash.
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PW.1
Motion Carried Unanimously. 3-0.
F. Public Works Project No. CP1101 (Wickstrom)
Councilmember Peloza moved and Councilmember
Osborne seconded to recommend that the City Council approve Final Pay
Estimate No. 5 to Contract No. 11-09 with ICON Materials in the Amount of
$0.00 for a Total Contract Price of $1,491,705.10 and Accept Final
Construction of Project No. CP1101, 2011 Local Street Pavement
Preservation – Phase 1.
Street Systems Engineer Wickstrom stated that a thin overlay is less than 2
inches and a thick overlay is 2 inches and greater, in response to a question
asked by Chairman Wagner. Street Systems Engineer Wickstrom explained
that a thin overlay is specified to be 1 ½ inch thick in the middle, tapering off
toward the edges to ¾ inch in thickness and a thick overlay is placed 2
inches or more thick all the way across the roadway and typically involves
grinding the existing pavement at the gutter line.
Vice-Chair Peloza recommended that the schedule show a zero amount
instead of a dash.
Motion Carried Unanimously. 3-0.
G. Public Works Project No. CP1102 (Wickstrom )
Councilmember Peloza moved and Councilmember
Osborne seconded to recommend that the City Council approve Final Pay
Estimate No. 5 to Contract No. 11-10 with Puget Paving & Construction in the
Amount of $4,972.10 for a Total Contract Price of $1,117,030.63 and Accept Final
Construction of Project No. CP1102, 2011 Arterial/Collector Street Pavement
Preservation Project.
Chairman Wagner spoke about the cost for pavement patching per square yard of
total centerline miles compared to the cost of a thin overlay.
Motion Carried Unanimously. 3-0.
III. RESOLUTIONS
A. Resolution No. 4795 (Mayor Lewis)
A Resolution of the City Council of the City of Auburn, Washington,
Expressing Thanks For and Appreciation of the Contributions of the Many
Citizens and Businesses Who Worked, Individually and/or in Cooperation
with Others to Address the Safety Needs and Damage Resulting from the
January 2012 Storm
Councilmember Peloza moved and Councilmember
Osborne seconded to recommend that the City Council adopt Resolution
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PW.1
No. 4795, as modified.
Chairman Wagner noted a Scrivener’s error in Section 1.
Vice-Chair Peloza proposed that CenturyLink be recognized in the
Resolution along with Puget Sound Energy and Comcast. Chairman
Wagner and Member Osborne concurred.
Motion Carried Unanimously. 3-0.
IV. DISCUSSION ITEMS
A. Reid Middleton Agreement (Coleman)
Finance Director Coleman explained that the Auburn Municipal Airport has
requirements that need to be met in order for it to be in compliance with
NPDES. The airport currently has a basic Storm Water Pollution Prevention
Plan (SWPPP) which needs to be updated as part of the
requirements. Finance Director Coleman stated that it was recommended
by Environmental Protection Manager Andersen and Storm Drainage
Engineer Carlaw that the City contract with Reid Middleton to prepare the
SWPPP for the airport.
Chairman Wagner suggested that a “not to exceed” amount be included
with Item II, of the conditions of the agreement, Additional
Services. Coleman stated that she will work with the Public Works
Department to determine a “not to exceed” amount.
Finance Director Coleman suggested that the Storm Fund also participate is
some of the cost of the project. Coleman recommended a 50/50 cost
split. The Committee discussed the storm drainage circumstances that
support the funding approach.
Vice-Chair Peloza asked why the City is reimbursing local mileage
expenses at $0.65/mile when the City normally pays $0.555/mile. Finance
Director Coleman asked what the standard mileage rate is in Public Works
contracts. Assistant City Engineer Gaub answered that Public Works uses
the Federal mileage rate of $0.555/mile. Finance Director Coleman stated
that the consultant will be asked to use the Federal rate.
Vice-Chair Peloza referenced Section VI, Item B, of the Conditions of
Agreement and asked why the consultant is requesting that any dispute
mediation be in Snohomish County when the work being performed is in
King County. Finance Director Coleman stated that the Legal Department
still needs to review the agreement and she will ask them.
Vice-Chair Peloza suggested a termination clause also be included.
Page 4 of 9
PW.1
B. Resolution No. 4798 (Mayor Lewis)
A Resolution of the City Council of the City of Auburn, Washington,
Supporting the Creation of a Youth Reengagement Program at the Green
River Community College
Vice-Chair Peloza noted a Scrivener’s error on the agenda bill.
The Committee supported adoption of Resolution No. 4798.
C. Resolution No. 4799 (Mayor Lewis)
A Resolution of the City Council of the City of Auburn, Washington,
Supporting Legislative Efforts to Establish a Stable Revenue Source for the
Green River Community College
The Committee supported adoption of Resolution No. 4799.
D. Utility Rate Study Update (Coleman)
Finance Director Coleman prefaced the utility rate study discussion, stating
that staff and the Committee have been discussing, for almost a year, the
fact that water revenue has been declining due to various
reasons. Coleman explained that at the end of 2010 the City issued bonds
and the existing rate increases have been found to be insufficient to meet
the City’s debt service requirements.
Chairman Wagner commented that staff had told the Committee that the
Build America bonds were not going to accelerate the utility rate increases,
but the bonds have been issued and now the situation must now be dealt
with.
Chairman Wagner spoke about past conversations regarding the affect of
the Build America bonds and increases to the utility rates. Chairman
Wagner noted that utility rates would have to have been raised anyway due
to the declining revenues; however the increase will now need to be more.
Finance Director Coleman explained that the rate study the City completed
in 2009 contemplated approximately $40M in bond funding be utilized about
2 years ago. The City has actually used a little over $20M in bond funding
as staff moved forward to figure out how to complete critical utility
projects. Coleman stated that at the time staff was preparing the bond
package, it was believed that there would be enough revenue under the
current rate scenario, but afterwards we discovered we would lose a
wholesale customer.
Finance Director Coleman and the Committee discussed the current market
for municipal bonds.
The Committee and staff reviewed the Water, Sewer, and Stormwater Rate
Study Update.
Page 5 of 9
PW.1
Finance Director Coleman reviewed the rate study objectives. Coleman
noted that phasing in the system reinvestment is probably the least
important objective because of more critical issues such as having
operating cash and debt service coverage and supporting critical utility
capital program projects.
Staff and the Committee reviewed the Water Utility CIP graph which
demonstrates the planned capital projects over the financial planning
period. Finance Director Colman spoke about the Water Utility Rate
Revenue Requirements. The Committee and staff discussed the water
purchase cost. Finance Director Coleman and Utilities Engineer Repp
answered questions asked by Chairman Wagner regarding the comparative
cost of water purchase and operating expenses, as represented on the
graph on page 83 of 131.
Mayor Lewis and Chairman Wagner discussed the water purchase cost as
opposed to operating expenses as depicted on the graph and whether or
not the data can be used to make a determination about purchasing
additional water from Tacoma.
Finance Director Coleman and Financial Planning Manager Chaw
responded to questions asked by Chairman Wagner regarding what
assumptions are included in the increase in operating expenses from 2012-
2017. Chaw stated that the operating expenses include forecasts of the
increased cost of doing business for commodities.
The Committee and staff reviewed the assumptions outlined on page 99 of
131.
Chairman Wagner stated that he believed that the debt service taken on
was not going to result in early utility rate increases, but it has. Chairman
Wagner stated that he is not uncomfortable with the total increase over the
next five years but is uncomfortable with the large increases recommended
for 2012, 2013, and 2014. Chairman Wagner commented that the objective
should be to see if there is a way to distribute the rate increases more
evenly over five years. The Committee discussed the possibility of delaying
some of the capital projects to meet that objective.
The Committee and staff reviewed the list of Water Utility Capital
Improvement Projects.
Utilities Engineer Repp answered questions asked by Chairman Wagner
regarding the discrepancy between the funding need for water supply
purchase listed and the amount in the CFP. Director Dowdy explained that
the $3M in the CFP was based on the amount staff thought would have to
be purchase prior to knowing there were wells failing. Dowdy stated now, in
order to get above the supply curve, with the wells that are currently out of
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PW.1
operation, staff believes a full 1.8 MGD will need to be purchased. The
Committee, staff and the Mayor discussed the pro and cons of scaling back
the purchase of water.
Utilities Engineer Repp explained that the total for Fulmer Well Field
Improvements is the revised cost estimate, in response to a question asked
by Chairman Wagner.
Chairman Wagner asked why the amount listed for Street Utility
Improvements is more that the amount in the CFP. Assistant Director/City
Engineer Selle stated that it is becoming more likely than not that water
lines need to be replaced during rebuild projects. Mayor Lewis spoke about
the need to move on to repairing the older streets in the City. Chairman
Wagner stated that the projects may need to be delayed in order to lower
the immediate utility rate increase. Director Dowdy pointed out that the
estimated $3.1M costs over the next six-years will be needed for SOS
repairs.
Chairman Wagner and staff discussed how much money needs to be saved
on the capital projects to avoid a double-digit rate increase in 2012. Member
Osborne made the point that the work will need to be done eventually and
suggested moving forward with the proposed rate increases. Vice-Chair
Peloza agreed that it may be necessary to increase the rates as
recommended and suggested more public outreach to educate the citizens
as to the reasons behind the increase.
Finance Director Coleman reviewed the Sewer Utility CIP Funding Plan with
the Committee. Coleman discussed the effect the increase in Metro rates
has had on the Sewer Utility.
The Committee and staff reviewed the Sewer Utility Rate Revenue
Requirements graph. Chairman Wagner asked for a more detailed
breakdown of components of the identified 33% rate increase shown in
2012. Chairman Wagner stated that he would be unable to recommend the
proposed rate increase until staff provides the breakdown. The Committee
agreed.
Mayor Lewis spoke about the benefit of having a planned programmed rate
increase every year regardless of how healthy the utility appears
financially. The Committee agreed.
Finance Director Coleman reviewed the Stormwater Utility CIP Funding
Plan with the Committee. Chairman Wagner stated that he supports the
recommended rate increase for the stormwater utility. The Committee
agreed.
The Committee and staff discussed the combined Utility System Debt
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PW.1
Service Coverage. Finance Director Coleman answered questions asked by
Chairman Wagner regarding the bond market coverage requirements.
The Committee and staff discussed the SFR Monthly Utility Billings Inter-
jurisdictional Comparison, noting that comparably the City still has one of
the lowest combined utility charges in the area even after the proposed rate
increases.
The Committee will continue discussion regarding utility rate increases at
future meetings.
E. Ordinance No. 6397 (Yao)
An Ordinance of the City Council of the City of Auburn, Washington,
Amending Chapter 18.56 of the Auburn City Code and Ordinance No. 6353
as to the Effective Dates of Said Ordinance Amendments to Chapter 18.56
of the Auburn City Code Relating to Temporary Signs
Planning Manager Chamberlain introduced Planning Intern Yao to the
Committee.
Planning Intern Yao explained that draft Ordinance No. 6397 proposed to
extend the temporary sign provisions in the sign code for a period of two
years at the recommendation of the Planning and Community Development
Committee.
Chairman Wagner asked that staff make sure that individuals do not violate
the code by displaying portable reader boards.
The Committee supports the introduction and adoption of Ordinance No.
6397.
F. 2011 Save Our Streets (SOS) Year End Report (Wickstrom)
This discussion item was postponed until the next meeting.
G. 2012 Arterial/Collector Pavement Preservation Proposed Streets
(Wickstrom)
The Committee and staff briefly reviewed the proposed streets for the 2012
Arterial/Collector Pavement Preservation Project. The Committee was
satisfied with the street selection being proposed.
Chairman Wagner asked if there were any long term plans for additional
pavement treatments for the road leading to the cemetery. Staff stated that
there were no plans at this time.
The Committee and staff reviewed the map of the proposed future Save
Our Streets (SOS) projects. Chairman Wagner compared the number of
arterial streets that remain to the number of future SOS streets.
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PW.1
Mayor Lewis requested a map showing SOS streets in need of work at the
time the program was started, 2005, in one color and a second map that
shows the streets that currently remaining that need work. Mayor Lewis also
requested a map showing the remaining arterial and collector street work, a
map showing what would remain 5 years after the bond is passed, if the
bond is passed, and 10 years after the bond is passed. Mayor Lewis would
like the maps in slide/presentation format.
H. M Street Underpass Project - Traffic Detour Plan (Sweeting)
This discussion item was postponed until the next meeting.
I. Capital Project Status Report (Gaub)
This discussion item was postponed until the next meeting.
J. Activities Matrix (Dowdy)
This discussion item was postponed until the next meeting.
V. ADJOURNMENT
Chairman Wagner stated that the Council Operations Committee Meetings are
scheduled at 5:00 p.m. the first Monday of every month and the Public Works
Committee Meetings will need to adjourn by 5:00 p.m. on those days.
There being no further business to come before the Public Works Committee,
the meeting was adjourned at 4:59 p.m.
Approved this 21st day of February, 2012.
Page 9 of 9
PW.1
AGENDA BILL APPROVAL FORM
Agenda Subject:
February 6, 2012 Minutes
Date:
February 13, 2012
Department:
Finance
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
For information only.
Background Summary:
Reviewed by Council Committees:
Finance
Councilmember:Partridge Staff:
Meeting Date:February 21, 2012 Item Number:FN.1
AUBURN * MORE THAN YOU IMAGINEDFN.1
Finance Committee
February 6, 2012 - 5:30 PM
Annex Conference Room 1
MINUTES
I. CALL TO ORDER
Chair John Partridge called the meeting to order at 5:30 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 Partridge, Vice Chair John Holman, and Member Largo Wales were
present. Also present during the meeting were: Mayor Peter B. Lewis, City
Attorney Daniel B. Heid, Human Resources and Property/Risk Management
Director Brenda Heineman, Planning and Development Director Kevin Snyder,
Finance Director Shelley Coleman, Financial Planning Manager Martin Chaw, and
City Clerk Danielle Daskam.
B. Announcements
There was no announcement.
C. Agenda Modifications
Agenda modifications included a revised Resolution No. 4795 and movement of
Ordinance No. 6396 and Resolution No. 4784 from discussion items to action
items under Ordinances and Resolutions.
II. CONSENT AGENDA
A. January 17, 2012 Minutes
Vice Chair Holman moved and Member Wales seconded to approve the January
17, 2012 minutes.
MOTION CARRIED UNANIMOUSLY. 3-0.
B. 2011 Claims Vouchers (Coleman)
Claims check numbers 410693 through 410846 in the amount of
$1,081,465.15 and dated February 6, 2012.
Committee members reviewed 2011 and 2012 claims vouchers and briefly
discussed the following claims vouchers 410705, 410710, 410732, 410766,
410782, 410872, 411051, 411102, 410718, 410746, 410783, 410691 and 410956.
Vice Chair Holman moved and Member Wales seconded to approve claims and
Page 1 of 4
FN.1
payroll vouchers.
MOTION CARRIED UNANIMOUSLY. 3-0.
C. 2012 Claims Vouchers (Coleman)
Claims check numbers 410690 through 410692 and claims check numbers
410847 through 411134 in the amount of $1,044,697.36 and dated
February 6, 2012.
See 2011 Claims Vouchers above for action on 2012 claims vouchers.
D. Payroll Vouchers (Coleman)
Payroll check numbers 532634 to 532673 in the amount of $295,878.20
and electronic deposit transmissions in the amount of $1,233,236.76 for a
grand total of $1,529,114.96 for the pay period covering January 12, 2012
to February 1, 2012.
See 2011 Claims Vouchers above for action on payroll vouchers.
III. ORDINANCES
A. Ordinance No. 6396 (Coleman)
An Ordinance of the City Council of the City of Auburn, Washington,
establishing the Local Sales and Use Tax rate for Local Revitalization
Financing for 2012
Finance Director Coleman explained that each year the City is required to adopt a
new ordinance to levy the .026% sales tax credit against the state sales tax for
local revitalization financing. The City can receive up to $250,000 annually. The
funds are used to service the debt for the Promenade Project.
Vice Chair Holman moved and Member Wales seconded to approve Ordinance
No. 6396.
MOTION CARRIED UNANIMOUSLY. 3-0.
IV. RESOLUTIONS
A. Resolution No. 4792 (Heineman)
A Resolution of the City Council of the City of Auburn, WA authorizing the
Mayor and City Clerk to execute an amendment to a lease between the City
of Auburn and the Valley Regional Fire Authority (VRFA)
Resolution No. 4792 was reviewed at the last Finance Committee meeting.
Director Heineman stated the resolution authorizes an amendment to the lease
with the Valley Regional Fire Authority for the GSA building. The City will retain
use of the building's bay area for facilities storage.
MOTION CARRIED UNANIMOUSLY. 3-0.
Page 2 of 4
FN.1
B. Resolution No. 4798 (Mayor Lewis)
A Resolution of the City Council of the City of Auburn, Washington,
supporting the creation of a youth reengagement program at the Green
River Community College
Mayor Lewis explained that the Resolution expresses the Council's support for
Green River Community College's drop-out re-engagement program.
Vice Chair Holman moved and Member Wales seconded to approve Resolution
No. 4798.
MOTION CARRIED UNANIMOUSLY. 3-0.
C. Resolution No. 4799 (Mayor Lewis)
A Resolution of the City Council of the City of Auburn, Washington,
supporting legislative efforts to establish a stable revenue source for the
Green River Community College
Mayor Lewis explained that Resolution No. 4799 expresses the Council's support
for Green River Community College and endorses legislative efforts to find
revenue and advance the College's mission. The education and training of
students are critical to the development of a workforce that will encourage
economic recovery.
Vice Chair Holman moved and Member Wales seconded to approve Resolution
No. 4799.
MOTION CARRIED UNANIMOUSLY. 3-0.
D. Resolution No. 4784 (Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the City of Auburn to impose a sales and use tax as authorized
by RCW 82.14.415 as a credit against state sales and use tax, relating to
annexations
Finance Director Coleman explained that Resolution No. 4784 levies the .1%
sales tax credit against the state sales tax for annexation of the Lea Hill
area. This is the fifth year (of a ten year program) that the City of Auburn has
asked the State for the sales tax credit. The tax credit represents approximately
$1.45 million. It is estimated that the projected cost of providing municipal
services to the Lea Hill annexation area is $5.7 million while the projected revenue
from the annexation area is $3.6 million.
Vice Chair Holman moved and Member Wales seconded to approve Resolution
No. 4784.
MOTION CARRIED UNANIMOUSLY. 3-0.
Page 3 of 4
FN.1
V. DISCUSSION ITEMS
A. Resolution No. 4795 (Mayor Lewis)
A Resolution of the City Council of the City of Auburn, Washington,
expressing thanks for and appreciation of the contributions of the many
citizens and businesses who worked, individually and/or in cooperation with
others to address the safety needs and damage resulting from the January
2012 storm
Mayor Lewis stated that Resolution No. 4795 expresses the Council's appreciation
to the citizens and businesses for their efforts during the January storm event.
B. General Fund Tax Revenue (Coleman)
Finance Director Coleman provided an overview of the General Fund tax revenue,
including property, sales and other taxes. Director Coleman distributed a handout
consisting of excerpts from the 2011-2012 Budget and monthly financial report,
charts of the property tax distribution and sales tax distribution, and a summary of
Auburn sources of tax revenues. Committee members reviewed property, sales,
criminal justice sales, brokered natural gas, utility, admissions, electric and natural
gas, cable, telephone, garbage, leasehold excise, and gambling taxes.
There was brief discussion regarding the reduction in the social card game
gambling tax that was instituted in 2010. The tax was reduced from 12% to 4%
for a two year period.
Vice Chair Holman inquired regarding the status of the streamlined sales tax
(SST) mitigation. Director Coleman advised that the State is proposing to take an
additional 10% of the City's SST mitigation. As of July 2011, the State is taking
3% of the City's SST.
C. Other Discussion
Member Wales requested that the Chair add an item for discussion to the next
meeting's agenda relating to the City's policy on payment of membership dues.
VI. ADJOURNMENT
There being no further business to come before the Committee, the meeting adjourned
at 6:28 p.m.
APPROVED the _____ day of __________________, 2012.
______________________________ _______________________________
John Partridge, Chair Danielle Daskam, City Clerk
Page 4 of 4
FN.1
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the February 6, 2012 Regular Meeting
Date:
February 13, 2012
Department:
Administration
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
City Council approve the minutes as part of the Consent Agenda.
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:February 21, 2012 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A
City Council Meeting
February 6, 2012 - 7:30 PM
Auburn City Hall
MINUTES
Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded.
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
Councilmemembers present: Rich Wagner, Nancy Backus, Bill Peloza, John
Partridge, Largo Wales, Wayne Osborne, and John Holman.
Department Directors and staff present: City Attorney Daniel B. Heid; Public
Works Director Dennis Dowdy; Planning and Development Director Kevin Snyder;
Parks, Arts and Recreation Director Daryl Faber; Economic Development
Manager Doug Lein; Chief of Police Bob Lee; Police Commander David
Colglazier; Human Resources and Property/Risk Management Director Brenda
Heineman; Assistant Police Chief Bob Karnofski; Finance Director
Shelley Coleman; and City Clerk Danielle Daskam.
C. Announcements, Appointments, and Presentations
1. Police Promotion (Lee)
Chief of Police Lee to announce the promotion of Stan Adamski to
Sergeant.
Mayor Lewis and Chief of Police Lee announced the promotion of Stan
Adamski as Police Sergeant.
Sergeant Adamski began his career with the City of Auburn in 1998 as a
Traffic Signal Technician with Public Works Maintenance and
Operation. Shortly thereafter, he was promoted to Lead Technician, a
position he held for two years. On April 24, 2000, he was hired by the
Auburn Police Department.
Since joining the department Sergeant Adamski has held assignments, to
include being a Field Training Officer, Crime Scene Team Photographer,
Civil Disturbance Team member, downtown bicycle officer, and led the
Police Department’s Explorer Program for eight years mentoring Auburn
youth interested in law enforcement.
Page 1 of 10
CA.A
Stan was appointed as an acting Sergeant in July of 2011 and was
permanently promoted on January 18, 2012. Sergeant Adamski lives in the
City of Auburn, is married to his wife Lisa, and has three adult children,
Bryant, Christopher, and James. His wife Lisa accompanied him this
evening.
Sergeant Adamski expressed appreciation to serve the City of Auburn in his
new capacity as Police Sergeant.
2. Appointments to Boards and Commissions
City Council to confirm new appointments to the following boards and
commissions for three year terms expiring December 31, 2014:
Auburn Municipal Airport Advisory Board
Donald Peters
Arts Commission
Nickole Evans
Deputy Mayor Backus moved and Councilmember Wagner seconded to
confirm the appointment of Donald Peters to the Airport Advisory Board.
Councilmember Peloza recognized Mr. Peters in the audience. Mr. Peters is
retired from the Federal Aviation Administration and is a pilot.
MOTION CARRIED UNANIMOUSLY. 7-0.
Deputy Mayor Backus moved and Councilmember Wagner seconded to
confirm the appointment of Nickole Evans to the Arts Commission.
Ms. Evans was in attendance at this evening's meeting.
MOTION CARRIED UNANIMOUSLY. 7-0.
3. Reappointments to Boards and Commissions
City Council to confirm the following reappointments to the following boards
and commissions for three year terms expiring December 31, 2014:
Parks and Recreation Board
Richard Artura
Greg Dobbs
Urban Tree Board
Jan Speer
Deputy Mayor Backus moved and Councilmember Wagner seconded
Page 2 of 10
CA.A
to confirm the reappointment of Richard Artura and Greg Dobbs to the Parks
and Recreation Board.
MOTION CARRIED UNANIMOUSLY. 7-0.
Deputy Mayor Backus moved and Councilmember Wagner seconded
to confirm the reappointment of Jan Speer to the Urban Tree Board.
MOTION CARRIED UNANIMOUSLY. 7-0.
D. Agenda Modifications
A revised Resolution No. 4795 was distributed prior to the meeting.
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
No public hearing was scheduled for this evening.
B. Audience Participation
This is the place on the agenda where the public is invited to speak to the
City Council on any issue. Those wishing to speak are reminded to sign in
on the form provided.
No one from the audience requested to address the Council.
C. Correspondence
There was no correspondence for Council review.
III. COUNCIL COMMITTEE REPORTS
A. Municipal Services
Chair Peloza reported the Municipal Services Committee met January 23, 2012.
The Committee discussed animal control and licensing services, an update on the
City's shopping cart ordinance, pull-tab taxation, red light and school zone photo
enforcement, and the Committee's project matrix. The next regular meeting of the
Municipal Services Committee is scheduled for February 13, 2012 at 3:00 p.m.
B. Planning & Community Development
Chair Backus reported the Planning and Community Development Committee met
January 23, 2012. The Committee discussed Resolution No. 4784 relating to a
sales tax credit in the Lea Hill annexation area, Ordinance No. 6396 relating to
sales tax credit for local revitalization financing, 2012 proposed code
amendments, Resolution No. 4793 relating to a proposed small business
development assistance program, a report from Director Snyder on the status of
the development project for Coastal Farm and Ranch, and affordable housing
targets proposed by King County. The next regular meeting of the Planning and
Community Development Committee is scheduled for February 13, 2012 at 5:00
Page 3 of 10
CA.A
p.m.
C. Public Works
Chair Wagner reported the Public Works Committee met this afternoon at 3:30
p.m. The Committee approved right-of-way use permits for the Auburn School
District, the Auburn Parks Petpalooza Program, and Cenex Harvest States for
their monitoring wells. The Committee also approved several contract
administration items including final pay estimate for Project No. CP1004, the
South Auburn ITS Expansion, final pay estimate for Project No. CP1101 for the
2011 Local Street Pavement Preservation (Save Our Streets) Project, and final
pay estimate for Project No. CP1102 for the 2011 Arterial and Collector Street
Pavement Preservation Project. The Committee also reviewed Resolution No.
4795 expressing appreciation to citizens and businesses for their efforts during
the January snow and ice storm. The Committee discussed a consultant
agreement with Reid Middleton for a stormwater management plan for
the airport, Resolution No. 4798 expressing support for Green River Community
College's youth re-engagement program, Resolution No. 4799 expressing support
for legislative efforts to establish a stable revenue source for the Green River
Community College, the utility rate study, Ordinance No. 6397 relating to
temporary signs, and the arterial collector pavement preservation projects for
2012. The Committee postponed discussion of the remaining items on the
agenda due to time constraints. The next regular meeting of the Public Works
Committee is scheduled for February 21, 2012 at 3:30 p.m.
D. Finance
Chair Partridge reported the Finance Committee met this evening at 5:30. The
Committee approved claims and payroll vouchers, including claims
voucher #410718 in the amount of $47,531 to COBRA BEC for roof repairs to the
Cemetery building, #410746 to Harlows Bus Service in the amount $72,163
for purchase of a 15-passenger bus for parks and recreation, #410956 to Hoffman
Construction in the amount of $22,234 for decommissioning of the Lea Hill pump
station, and #411102 to Valley Communications in the amount of $255,190 for
911 service. The Committee reviewed Resolution Nos. 4798, 4799, 4784, and
Ordinance No. 6396. The Committee also reviewed Resolution No. 4792 relating
to a change in the lease of the GSA building with Valley Regional Fire Authority
for Station 35. The Committee also discussed Resolution
No. 4795 expressing appreciation to citizens and businesses during the January
storm event and general fund tax revenue. The next regular meeting of the
Finance Committee is scheduled for February 21, 2012 at 5:30 p.m.
E. Les Gove Community Campus
Chair Wagner reported the next meeting of the Les Gove Community Campus
Committee is scheduled for February 13, 2012 at 5:00 p.m.
F. Council Operations Committee
Chair Backus reported the Council Operations Committee met this evening at
Page 4 of 10
CA.A
5:00. The Committee discussed preparations for the upcoming Council retreat.
The retreat will focus on economic development, particularly development
opportunities for the airport, golf course, cemetery, East Main Street, Auburn Way
South, the Emerald Downs area, and the downtown core. The Committee also
discussed a policy on use of electronic document readers and an upcoming
meeting with the Muckleshoot Tribal Council. The next regular meeting of the
Committee is scheduled for March 5, 2012.
IV. REPORTS
At this time the Mayor and City Council may report on significant items
associated with their appointed positions on federal, state, regional and local
organizations.
A. From the Council
Deputy Mayor Backus reported on her attendance at a meeting organized by
Parks, Arts and Recreation Director Faber with representatives of TADA!, the
Auburn Arts Commission, and others on responsibilities for community events.
Deputy Mayor Backus also reported on her attendance at the monthly Auburn
Tourism Board meeting, the Uniquely Auburn program, the Committee of the
Whole meeting, an economic development meeting with Shuzo Nishiyama of
Kotsuzumi Brewery in Tamba, Japan, a ribbon cutting ceremony for Better
Properties located in downtown Auburn, and the Miss Auburn
Scholarship Program and Outstanding Teen Program.
Councilmember Wagner reported on his attendance at the Association of
Washington Cities legislative conference in Olympia, the Regional Access Mobility
Partnership (RAMP), and the Suburban Cities Association meeting where King
County Executive Constantine presented the State of the County.
Councilmember Holman reported on his participation in an Association of
Washington Cities webinar on a state proposed tax simplification bill, a University
of Washington workshop on transit oriented communities, and an Association of
Washington Cities seminar on exploring economic development.
Councilmember Peloza reported on his attendance at the Association of
Washington Cities legislative conference, the Council Committee of the Whole
meeting, a Water Resource Inventory Area (WRIA) 9 meeting, the King County
Regional Water Quality meeting, South County Area Transportation
Board meeting, the Uniquely Auburn program, the Suburban Cities Association
meeting, and the Cities and Schools forum.
Councilmember Osborne reported that he attended many of the previously
reported events.
Councilmember Partridge reported on his attendance at the Association of
Washington Cities Legislative Conference, the Regional Law, Safety and Justice
Page 5 of 10
CA.A
Committee meeting, the Uniquely Auburn program, the Council Committee of the
Whole meeting, a marketing meeting for the Auburn Valley Humane Society, the
Regional Law, Safety and Justice Steering Committee, the Suburban Cities
Association meeting, and the Auburn Valley Humane Society monthly board
meeting.
B. From the Mayor
Mayor Lewis reported on meetings with Auburn School District Superintendent Kip
Herren regarding early learning programs, the Association of Washington Cities
Legislative Conference where issues of potential reductions in streamlined sales
tax mitigation, liquor taxes, and sales tax credit related to annexations were
discussed, a meeting of the Green River Community College Board of Trustees,
the Suburban Cities Association meeting, a meeting of the South Correctional
Entity (SCORE) Board, meetings related to business partnerships being formed
with Japanese businesses, a meeting with several visiting Korean students, a
meeting of the Valley Communications Board, and the Miss Auburn Scholarship
Program and Outstanding Teen Program. Mayor Lewis thanked Deputy Mayor
Backus, staff, and members of the community for their efforts during the January
snow and ice storm event.
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 January 17, 2012 Regular City Council Meeting
B. Minutes of the January 10, 2012 Special City Council Meeting
C. Minutes of the January 23, 2012 Special City Council Meeting
D. Claims Vouchers (Partridge/Coleman)
Claims check numbers 410693 through 410846 in the amount of $1,081,465.15
and dated February 6, 2012.
Claims check numbers 410690 through 410692 and claims check numbers
410847 through 411134 in the amount of $1,044,697.36 and dated February 6,
2012.
E. Payroll Vouchers (Partridge/Coleman)
Payroll check numbers 532634 to 532673 in the amount of $295,878.20 and
electronic deposit transmissions in the amount of $1,233,236.76 for a grand total
of $1,529,114.96 for the pay period covering January 12, 2012 to February 1,
2012.
F. Public Works Project No. CP1004 (Wagner/Dowdy)
City Council approve Final Pay Estimate No. 6 to Contract No. 10-21 in the
amount of $0.00 and accept construction of Project No. CP1004 South Auburn
ITS Expansion
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G. Public Works Project No. CP1101 (Wagner/Dowdy)
City Council approve Final Pay Estimate No. 5 Contract No. 11-09 in the amount
of $0.00, for a total contract price of $1,491,705.10, with ICON Materials and
accept construction of Project No. CP1101, 2011 Local Street Pavement
Preservation - Phase 1
H. Public Works Project No. CP1102 (Wagner/Dowdy)
City Council approve Final Pay Estimate No. 5 to Contract No. 11-10 in the
amount of $4,972.10, for a total contract price of $1,117,030.63, with Puget
Paving and Construction Inc., and accept construction of Project No.
CP1102, 2011 Arterial and Collector Street Pavement Preservation
Deputy Mayor Backus moved and Councilmember Wagner seconded to approve
the Consent Agenda.
MOTION CARRIED UNANIMOUSLY. 7-0.
VI. UNFINISHED BUSINESS
There was no unfinished business.
VII. NEW BUSINESS
There was no new business.
VIII. ORDINANCES
A. Ordinance No. 6396 (Partridge/Coleman)
An Ordinance of the City Council of the City of Auburn, Washington,
establishing the Local Sales and Use Tax rate for Local Revitalization
Financing for 2012
Councilmember Partridge moved and Councilmember Holman seconded to
introduce and adopt Ordinance No. 6396.
Ordinance No. 6396 levies the .026% sales tax credit against the state sales tax
for local revitalization financing.
MOTION CARRIED UNANIMOUSLY. 7-0.
B. Ordinance No. 6399 (Backus/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington
approving the final plat of Vintage Place
Deputy Mayor Backus moved and Councilmember Partridge seconded to
introduce and adopt Ordinance No. 6399.
Ordinance No. 6399 approves the final plat of Vintage Place, which is located
south of SE 314th Street, north of SE 316th Street, and west of 123rd Avenue.
MOTION CARRIED UNANIMOUSLY. 7-0.
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IX. RESOLUTIONS
A. Resolution No. 4784 (Partridge/Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the City of Auburn to impose a sales and use tax as authorized
by RCW 82.14.415 as a credit against state sales and use tax, relating to
annexations
Councilmember Partridge moved and Councilmember Holman seconded to adopt
Resolution No. 4784.
Resolution No. 4784 levies the .1% sales tax credit against the state sales tax for
annexation of the Lea Hill area.
MOTION CARRIED UNANIMOUSLY. 7-0.
B. Resolution No. 4792 (Partridge/Heineman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute an amendment to a lease
between the City of Auburn and the Valley Regional Fire Authority (VRFA)
Councilmember Partridge moved and Councilmember Holman seconded to adopt
Resolution No. 4792.
Resolution No. 4792 amends an existing lease of a City building to the Valley
Regional Fire Authority.
MOTION CARRIED UNANIMOUSLY. 7-0.
C. Resolution No. 4795 (Partridge/Mayor Lewis)
A Resolution of the City Council of the City of Auburn, Washington,
expressing thanks for and appreciation of the contributions of the many
citizens and businesses who worked, individually and/or in cooperation with
others to address the safety needs and damage resulting from the January
2012 storm
Councilmember Partridge moved and Councilmember Holman seconded to adopt
Resolution No. 4795.
Resolution No. 4795 expresses the Council's appreciation to the community for
their efforts during the January storm event.
MOTION CARRIED UNANIMOUSLY. 7-0.
D. Resolution No. 4798 (Partridge/Mayor Lewis)
A Resolution of the City Council of the City of Auburn, Washington,
supporting the creation of a youth reengagement program at the Green
River Community College
Councilmember Partridge moved and Councilmember Holman seconded to adopt
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Resolution No. 4798.
Resolution No. 4798 expresses support for Green River Community College's
youth re-engagement program.
MOTION CARRIED UNANIMOUSLY. 7-0.
E. Resolution No. 4799 (Partridge/Mayor Lewis)
A Resolution of the City Council of the City of Auburn, Washington,
supporting legislative efforts to establish a stable revenue source for the
Green River Community College
Councilmember Partridge moved and Councilmember Holman seconded to adopt
Resolution No. 4799.
Resolution No. 4799 expresses the Council's support for legislative efforts to
establish a stable revenue source for Green River Community College.
MOTION CARRIED UNANIMOUSLY. 7-0.
F. Resolution No. 4800 (Backus/Mayor Lewis)
A Resolution of the City Council of the City of Auburn, Washington,
supporting the Auburn School District's Educational and Operations
Replacement Levy and the Auburn High School Modernization and
Reconstruction Bond
Deputy Mayor Backus moved and Councilmember Partridge seconded to adopt
Resolution No. 4800.
Resolution No. 4800 expresses the Council's support for Auburn School
District levy and bond measures that will appear on the February 14, 2012 ballot.
Mayor Lewis opened the meeting for any public comment on the issue. No one
from the audience requested to address the Council.
MOTION CARRIED UNANIMOUSLY. 7-0.
G. Resolution No. 4801 (Backus/Heid)
A Resolution of the City Council of the City of Auburn, Washington,
appointing a representative to the Pierce Transit Public Transportation
Improvement Conference
Deputy Mayor Backus moved and Councilmember Partridge seconded to adopt
Resolution No. 4801.
Resolution No. 4801 designates Councilmember Wagner as its elected
representative to the Pierce County Public Transportation Improvement
Conference.
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MOTION CARRIED UNANIMOUSLY. 7-0.
X. ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned at
8:49 p.m.
APPROVED this ____ day of _______________, 2012.
_____________________________ ______________________________
Peter B. Lewis, Mayor Danielle Daskam, City Clerk
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers
Date:
February 15, 2012
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
Approve the claims vouchers as part of the consent agenda.
Background Summary:
Claims check numbers 411135 through 411529 in the amount of $3,726,642.30 and
dated February 21, 2012.
Reviewed by Council Committees:
Finance
Councilmember:Partridge Staff:Coleman
Meeting Date:February 21, 2012 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers
Date:
February 15, 2012
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
Approve the payroll vouchers as part of the consent agenda.
Background Summary:
Payroll check numbers 532674 to 532708 in the amount of $844,851.88 and electronic
deposit transmissions in the amount of $1,220,923.56 for a grand total of $2,065,775.44
for the pay period covering February 2, 2012 to February 15, 2012.
Reviewed by Council Committees:
Finance
Councilmember:Partridge Staff:Coleman
Meeting Date:February 21, 2012 Item Number:CA.C
AUBURN * MORE THAN YOU IMAGINEDCA.C
AGENDA BILL APPROVAL FORM
Agenda Subject:
Municipal Services Project No. MS1110
Date:
February 14, 2012
Department:
Public Works
Attachments:
Budget Status Sheet
Vicinity Map
Green River Community College Letter
Budget Impact:
$0
Administrative Recommendation:
City Council approve Change Order No. 2 in the amount of $16,392.15 to Small Works
Contract No. 11-21 for work on Project No. MS1110, Jacobsen Tree Farm and Fields
Residential Buildings Demolition Project.
Background Summary:
The purpose of this project is to demolish City-owned residential buildings located at
12913 SE 294th Street, 13009 SE 294th Street and 32882 56th Ave S. The first two
properties are known as the Jacobsen Tree Farm. The last property is known as the
Fields Property. The demolition includes the removal of hazardous materials (asbestos
and lead paint), the severance of existing utilities, and the decommissioning of existing
water wells and septic systems serving the properties.
Change Order No. 2 includes the demolition of residential buildings located at 12305 SE
316th Street, including the removal of hazardous materials and the severance of existing
utilities. This property is referred to as the Martin Property and is currently owned by
Green River Community College (GRCC). See the attached letter dated January 19,
2012 from the Director of Capital Projects at GRCC regarding the pending property
exchange and demolition of the structures.
Demolition work on the main contract started in December 2011 and it is expected that
this change order work will be completed in March 2012.
The total project cost is estimated to be $134,963 and there is currently $142,000
available in the 505 (Facilities) fund for this project. Unused funds from 2011 are
intended to be carried forward to 2012; therefore, a project budget contingency of $7,037
remains in the 505 (Facilities) fund.
AUBURN * MORE THAN YOU IMAGINEDCA.D
O5.1.2 MS1110
Reviewed by Council Committees:
Municipal Services
Councilmember:Peloza Staff:Dowdy
Meeting Date:February 21, 2012 Item Number:CA.D
AUBURN * MORE THAN YOU IMAGINEDCA.D
Project No: MS1110Project Title:
Project Manager: Leah Dunsdon
Project Initiation
Initiation Date: Sept. 12, 2011 Permision to Advertise
Advertisement Date: Sept. 29, 2011 Contract Award
Award Date: November 7, 2011 Change Order #2 Approval
Contract Final Acceptance
Funding Prior Years 20112012 2013 Total
505.00.524.500.48 Fund 142,000 142,000
Total 0142,00000142,000
Activity Prior Years 20112012 2013 Total
Design Engineering - City Costs**0
Construction Contract Bid 51,57231,31782,889
Change Order #1 - Well Decommissioning at Fields
Property 4,0524,052
Change Order #2 - Demolition of Martin Property 16,39216,392
Authorized Contingency 12,52612,526
Construction Engineering - Permits 1,304 1,304
Construction Engineering - City Costs**0
Design & Construction Eng. - Consultant Costs10,4817,31917,800
Total 063,35771,6060134,963
Prior Years 20112012 2013 Total
*505 Funds Budgeted ( )0(142,000)00(142,000)
505 Funds Needed 063,35771,6060134,963
*505 Funds Project Contingency ( )0 (78,643)00(7,037)
505 Funds Required 0071,60600
* ( # ) in the Budget Status Sections indicates Money the City has available.
**City Staff Costs are allocated from the General Engineering budget for Public Works staff.
505 Facilities Budget Status
BUDGET STATUS SHEET
Jacobsen Tree Farm and Fields Residential Buildings Demolition
Project
Date: February 6, 2012
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
H:\PROJ\MS1110-Jacobsen Tree Farm & Fields Demo\Budget\MS1110.BudgetStatusSheet.xls
2/6/2012
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Daryl Faber
Auburn Parks Director
January 19, 2012
Dear Daryl,
The GRCC and the City of Auburn (City) will shortly be closing on the property exchange of the
Martin property and Lea Hill properties as set forth in Exchange Agreement we executed in
December of 2011. As we have discussed on many occasions, the now unoccupied residential
structure and the outbuildings (including a detached garage and sheds) on the Martin property
located at 12305 SE 316th Street Auburn, WA 98092 has become an attraction for local vandals
and has result ed in a number of police calls. It is the mutual intent of the GRCC and the City
that these structures be demolished to make way for the use of the property for future park
purposes.
To abate any further vandalism and potential injuries that might occur before closing, I am
writing now on behalf of GRCC to authorize the City to demo lish and remove the residential
structure and all outbuildings on the Martin property. Accordingly, GRCC hereby releases the
City from any liability to GRCC it would otherwise have for any damage the City may cause to
these structures or any diminution to value of the Martin property as a result of such demolition
and removal. If the City does proceed with demolition and removal, I would ask that you notify
me of the commencement and completion, but this authorization is in no way conditioned on
such notice.
Thank you,
Sam Ball
Director of Capital Projects
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Amendment to Agreement
WCC11-16-008 for the Auburn
Environmental Park Wetlands
Boardwalk Trail Project
Date:
February 14, 2012
Department:
Planning and
Development
Attachments:
Washington
Conservation Corps
Contract
Amendment No. 3
Budget Impact:
$ 0
Administrative Recommendation:
City Council approve Washington Conservation Corps Contract Amendment No. 3, to
Agreement WCC11-16-008.
Background Summary:
The Auburn Environmental Park (AEP) Wetlands Boardwalk Trail is an approximately
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. The boardwalk project also includes
the planting of approximately 2,500 native trees and shrubs in seven planting zones
covering approximately 93,000 square feet along portions of the AEP bordering the east
side of State Route 167 and the north side of West Main Street.
The City Council approved Resolution No. 4715 on July 5, 2011 that established the
existence of a special market condition pursuant to the public works competitive bidding
exemptions in RCW 39.04.280, and authorized the execution of an agreement between
the City of Auburn and Washington Conservation Corps for construction of the
boardwalk trail with a $45,000.00 budget.
AUBURN * MORE THAN YOU IMAGINEDCA.E
The boardwalk trail has been substantially constructed, however, additional funding is
necessary to complete it. The primary reason for this increase is unexpected
construction challenges resulting from significant wet conditions in the Park. Staff is
requesting Council authorization for an amendment to the Agreement for a $10,000.00
increase in the project budget to $55,000.00. This increase is accounted for in the
project contingency and there is no budget impact.
O5.2
Reviewed by Council Committees:
Finance, Planning And Community Development
Councilmember:Backus Staff:Snyder
Meeting Date:February 21, 2012 Item Number:CA.E
AUBURN * MORE THAN YOU IMAGINEDCA.E
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1010
Date:
February 14, 2012
Department:
Public Works
Attachments:
Budget Status Sheet
Final Pay Estimate
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council approve Final Pay Estimate No. 4 to Contract No. 10-26 with Reed Trucking &
Excavating, Inc. in the amount of $5,274.80, for a total contract price of $117,643.04, and
accept construction of Project No. CP1010, 2010 Storm Drainage Repair/Replacement.
Background Summary:
This project provided for the repairs and maintenance at the following Storm Drainage sites:
1.Auburn Municipal Airport - at Storm Reservoirs "F" and "G", remove wildlife repellant
netting, clear reservoir vegetation, and remove accumulated sediments/debris.
Maintenance staff will install new netting at project completion.
2.SE 312th St/125th Ave SE - replace 25 linear feet of damaged storm pipe and repair
excavated trench with asphalt pavement patch.
3.Riverwalk Drive Storm Drainage Reservoirs - clear reservoir vegetation in storm water
retention cells and remove accumulated sediments/debris.
A project budget contingency of $409,716 remains in the 432 Storm Drainage Fund.
O4.8.1 CP1010
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:February 21, 2012 Item Number:CA.F
AUBURN * MORE THAN YOU IMAGINEDCA.F
Project No: CP1010Project Title:
Project Manager: Robert Lee
Project Initiation
Initiation Date: _8/16/2010_ Permision to Advertise
Advertisement Date: _8/30/2010_ Contract Award
Award Date: __9/20/2010_ Change Order Approval
Contract Final Acceptance
Funding Prior Years 20102011 2012 Total
432 Fund - Storm Drainage Repairs**0115,644450,0000565,644
Total 0115,644450,0000565,644
Activity Prior Years201020112012 Total
Design Engineering - City Costs018,2700018,270
Construction Contract Bid 072,678 35,03718,693126,408
Change Order #1 015,7830015,783
Line Item Changes 000 (18,919)(18,919)
Construction Engineering - City Costs08,9133,4732,00014,386
Total 0115,64438,5101,773155,928
Prior Years 20072008 Future Years Total
*432 Funds Budgeted ( )0 (115,644)(450,000)0(565,644)
432 Funds Needed 0115,64438,5101,773155,928
*432 Fund Project Contingency ( )00(411,490)0(409,716)
432 Funds Required 0001,7730
* ( # ) in the Budget Status Sections indicates Money the City has available.
** This is a portion of the 2010 and 2011 annual budget for the Storm Repair & Replacement Program.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
BUDGET STATUS SHEET
2010 Storm Drainage Repair/Replacement
Date: February 13, 2012
The "Future Years" column indicates the projected amount to be requested in future budgets.
432 Storm Drainage Budget Status
H:\PROJ\CP1010 - 2010 Storm RepairReplacement\Budget\BudgetStatusSheet.xls1 of 1
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6398
Date:
February 14, 2012
Department:
Finance
Attachments:
Ordinance No. 6398
Budget Impact:
-$20,000
Administrative Recommendation:
City Council to introduce and adopt Ordinance No. 6398.
Background Summary:
Washington State law authorizes cities to assess a gambling tax on punchboard and pull
tab operators. This tax can be based on gross receipts (up to 5.0%) or on net receipts
(up to 10.0%). Net receipts is defined as gross receipts less amounts awarded as cash
and merchandise. The City's current gambling tax on punchboard and pull tab operators
is 5.0% on the gross receipts. Revenue collected from this tax is deposited into the City's
General Fund. The City receives approximately $50,000 each year from this tax.
Ordinance No. 6398, if approved, would amend this tax to be based on 10.0% of net
receipts. Based on analysis of City financial records, this amendment would result in an
estimated annual revenue loss of approximately $20,000.
F6.4
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Peloza Staff:Coleman
Meeting Date:February 21, 2012 Item Number:ORD.A
AUBURN * MORE THAN YOU IMAGINEDORD.A
ORDINANCE NO. 6 39 8
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTION 3.80.040 OF THE AUBURN CITY CODE
RELATING TO'TAX LEVIES ON BINGO; RAFFLES,
PUNCHBOARDS, PULL TABS AND AMUSEMENT
GAMES
WHEREAS, Aubum City Code Chapter 3.80 imposes a tax upon the sale
of punchbbarcls and pull tabs; and
WHEREAS, the City Gouncil, wishes to promote economicdevelopment
through support of existing City businesses that sell punchboards and pull tabs
by allowing those businesses to retainmore ofthe profd f om those sales than
underthe existing tax;
NOW, THEREFORE; THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to Citv Code. Thatsection 3.80.040 ofi
the Aubum City Code be and the samehereby is amended to readas follows:
3.80.040 Tax — Levy — Bingo, raffles, punchboards, pull tabs and amusement
games.
A. There shall be a city tax levied uponbingo andraffles of five percent of
the grossreceipts from a bingo game or raffle less the amount awarded as cash
or merchandise prizes.
B. There shall be a city tax leviedupon amusement gamesof'two percent
of the grossreceipts fromthe amusement game Jess the amount awarded as
prizes.
C. There shall be a city tax levied upon punchboards and puU, tabs for
commercialstimulantoperators of €weten percent. of gross receipt§ from the
operation of the aames less the amount awarded as cash ormerchandise prizes.
There shall be a city tax ledied upon punchtioards and pull tabs for 6onafide
Ordinance No. 6398
January 24,2012
Page 1 of 3 '
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charitable or nonprofit:organizations of 10 percent based on gross receipts from
the operation of the games less fhe amount awarded as cash or merchandise
prizes..(Ord. 5673 § 1, 2002; Ord. 5476 § 2, 2000; Ord. 5013 § 2, 1997; Ord.
3222 §§ 2, 3, 5, 1977. Formerly 5.44.040.)
Section 2. Implementation. The Mayor is hereby authorized to
implement suchadministraUve procedures as may be necessary to carry out the
directions of this legislation.
Section 3. Severabilitv. 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 theinvalidity of the
application thereof to any person or circumstance shallnot affect the validity of
the remainder ofthis 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. 6398
January 24, 2012
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ATTEST:
Danielle E. Daskam, City Cierk
APPROVED AS TO FORM:
ie B: He , City Attomey
Published:
Ordinance No: 6398
January 24, 2012
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6403
Date:
February 14, 2012
Department:
Planning and Development
Attachments:
Ordinance No. 6403
Budget Impact:
$0
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6403.
Background Summary:
Ordinance No. 6403 (previously referred to at the February 13, 2012 Planning and
Community Development meeting as Ordinance No. 6397) proposes to extend the
effective period of temporary regulations for the use of portable and temporary signs on
private property and in the public right-of-way for two years, through March 15, 2014.
These temporary regulations were originally approved by the City Council's adoption of
Ordinance 6323 on September 8, 2009 and extended with the City Council's subsequent
adoption of Ordinance No. 6327 on September 7, 2010 and Ordinance No. 6353 on
March 7, 2011. If no action is taken, the above-mentioned temporary regulations will
expire on March 16, 2012.
Chapter 18.56 - Signs of Auburn City Code (ACC) contains regulations and standards
for the use of different types of signage on private properties and publicly owned land
within the municipal limits of the City of Auburn. In the spring/summer of 2009, the
Mayor's Office and the Planning and Development Department received numerous
requests from local businesses for increased allowances for portable and temporary
signs to help stimulate local business activities during the current significant economic
downturn.
The Planning Commission conducted a public hearing on August 25, 2009 and following
deliberation, recommended to the City Council authorization of the use of portable and
temporary signs in certain zoning districts for a one year time period with the possibility
of up to two six-month extensions, should economic conditions warrant.
City Council approved Ordinance No. 6263 on September 8, 2009 authorizing portable
and temporary signs in certain specified zoning districts of the City of Auburn until
September 16, 2010, unless this timeframe was extended by future Council action. The
AUBURN * MORE THAN YOU IMAGINEDORD.B
Council approved this Ordinance due in part to the determination that it was in the public
interest, given the economic conditions and challenges for local businesses.
Following Council approval of Ordinance No. 6263, staff notified interested parties and
developed no-fee permit forms to register the location of portable and temporary signs
on private property and in the public right-of-way. Staff has encountered no major
problems or issues in the administration of this temporary program.
City Council approved Ordinance No. 6327 on September 7, 2010 extending the
timeframe for the use of portable and temporary signs on private property and in the
public right-of-way through March 15, 2011. Subsequent discussion and
recommendation by the Planning and Community Development Committee in February
2011, City Council approved Ordinance No. 6353 on March 7, 2011, once again
extending the timeframe for the use of portable and temporary signs, through March 15,
2012. Staff has continued to encounter no major problems or issues in the extended
administration of this temporary program.
Staff discussed the potential extension of Ordinance No. 6353 with the Planning and
Community Development Committee as the lead action committee at its January 9, 2012
regular meeting. The Committee expressed support for the extension of the Ordinance
for 2 years to help Auburn businesses during the continued economic situation.
Staff discussed the potential extension of Ordinance No. 6353 with the Public Works
Committee on February 6, 2012. The Committee had no major concerns or issues with
the possible extension and concurred with the recommendation of the Planning and
Community Development Committee. On February 13, 2012, Ordinance No. 6403 was
recommended for approval to the full City Council by the Planning and Community
Development Committee.
O3.10.11
Reviewed by Council Committees:
Planning And Community Development, Public Works Other: Legal
Councilmember:Backus Staff:Snyder
Meeting Date:February 21, 2012 Item Number:ORD.B
AUBURN * MORE THAN YOU IMAGINEDORD.B
ORDINANCE NO. 6 40 3
AN ORDINANCE OF THECITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTIONS 18.56.010, 18.56.020 AND 18.56.030 OF
THE AUBURNCITY CODE AND CITY OF AUBURN
ORDINANCE NUMBERS. 6327 AND 6353 AS TO
THE EFFECTIVE DATES OF SAID ORDINANCE
AMENDMENTSALL RELATING TO TEMPORARY
SIGNS
WHEREAS, from time to time, amendments to the City ofAubum zoningcode
areappropriate, in order to update and better reflectthe current development needs and
standards of the Ciry; and
WHEREAS, Aubum City Code Chapter 18.56 govems the placement of signs in
the City, including portable and temporary signs; and
WHEREAS, the City ofAuburn, in Ordinance No. 6353, delayedthe effective
dates of the amendments of Ordinance 6327, which delayed the effective dates of the
amendments of Ordinance No. 6263, in order to allow expanded use of temporary'signs
in certain areas ofthe City; and
WHEREAS, upon the recommendation of staff; the City Council determines.tha#
extending the use of these portable and temporary signs is in the bestinterest of the
City.
NOW, THEREFORE, THECITYGOUNCIL OF THECITY OF AUBURN,
WASHINGTON, DO ORDAIN, as follows
Section 7. Amendment to Citv Code. That, from the effective date of
this Ordinance, through March 15, 2014, Section 18.56.010 of the Aubum City Code be
and the same hereby is amendedto read as follows:
Ordinance No 6403
Feb uary 13, 2012
Page 1 of 26
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18.56.010 Intent.
The overall purpose of this chapter is to enhance and maintain the
aesthetic character, topromotethepublic health, safety and general
welfare, andto increase the effectiveness of visual communication in the
city. This chapter is also intended to avoid visuai clutter that may
adverselyimpact traffic and pedestrian safety, or be adverse to property
values, business opportunities and the city's appearance and to prevent
andabate publicnuisances. Thepurpose of fhis chapter is implemented
by controlling the construc4ion, location, use and maintenance of all signs
and sign structures. It is also the interrt of this chapter to afford
noncommercial speech the same or greater protection afforded
commercial speech and to not regulate noncommercial speechto a
stricter standard than commercial speech. Thischapter is further intended
to support local businesses in the city and the city's overalleconomy by
providingadditional and increased opportunities fiorthe use and siting of
temporary and portable signage subject to conditions, including butnot
limited to time, size, location and placement. ,(Ord. 6353 § 1, 2011; Ord.
6327 § 1, 2010; Ord. 6263 § 1, 2009; Ord. 5993§ 1, 2006; Ord. 4773 § 1,
1995; Ord. 4229 § 2, 1987.)
Section 2. Amendmentto Citv Code. That, effective March 16, 2014,
Section 18.56.010 of the Aubum City Code be andthe samehereby is amended to read
as follaws:
18.56.010 Intent.
The overall purpose ofthis chapter is to enhance and maintainthe
aestheticcharacter, to promote thepublic health, safety andgeneral
welfare, and to increase the effectiveness of visual communication in the
city. This chapter is als.o intended toavoid visual clutter thatmay
adversely impact traffc and_ pedestrian safety; or be adverse to property
values, business opportuhities and 4he city's appearance and to prevent
and abate public nuisances. The purpose of thischapter is implemented
by controlling the construction, location, useand maintenance of all signs
and sign structures. It is also the intent of 4his chapter to afford
noncommercial speech thesame or greater protection afforded
commercialspeech and tonotregulate noncommerc_ial speech to a
stricter standard than commercial speech. (Ord. 6353 § 2, 2011; Ord.
6327 § 2, 2010; O d. 6263 §2, 2009; Ord. 5993 § 1, 2006; Ord. 4773 § 1,
1995; Ord. 4229 § 2, 1987:)
Ordinance No. 6403
February 13, 2012
Page 2 of 26
ORD.B
Section 3. Amendment to Citv Code. That, from theeffective
dateof this Ordinance, through March 15, 2014, Section 18.56.020 of the Aubum
City Code be and the samehereby is amended toread as follows:
18.56.020 Definitions.
The followingdefinitions are specific to this chapter and areto be
used only for the implementation of this chapter:
A. "Animated sign" meansany sign that flashes, or simulates
motionwith an electronic or manufactured source of supply or contains
wind-actuatedmotion (except for flags and banners). An animated sign
may also bea sign that meets the defini4ion of"changing message center"
or"revolving sign."
B. "Banner" means a temporary sign constructed of fabric,
vinyl, or other durable material; which is not the primary ident cation for
the organization, event or product advertised; and which is primarily
promotional in nature.
C. "Billboard" means a large outdoor advertising sign containing
a message, commercial or otherwise, unrelated to the use or activity on
the property on which the sign. is located and/orto any use or activity in
the immediatearea (such as is the case with an off-premises sign) and
which is customarily leased for commercialpurposes. The approximate
size ofthe billboard faces range from 12 to 14 feet in height and 24 to 48
feet in width.
D. "Changing message center" means an electronically
controlled message center that displays different copy changes on the
same lamp bank.
E. "Directional sign" means a sign which is located to guideor
direct pedesfian or vehicular traffic to parking entrances, exits, and
serviceareas, and may not exceed six square feet in area or 10 feet in
height. For projectsthat haveparking lots in excess of 500spaces, the
sign area maybe 10 square feet and the sign height 15 feet.
F. "Double-faced sign" means a sign with twofaces.
G. "Electrical sign" means a sign or sign structure in which
electrical wiring, connections, and/or fixtures areused as part of the sign
propec
H. "Facade" means the entire building front, or street wall face,
includinggrade to the.top of the parapet or eaves, and the entire width of
the building elevation.
L Flashing sign" means an electricaf sign or a portion thereof
which changes light intensity in a sudden tran§itory burst, or which
switches on and off in a constant pattem in whichmore than one-third of
the nonconstant light source is off at any one 4ime.
J. "Freestanding sign" means a sign fhatmeets the defini#ion of
ground sign" (also commonly referred to as a monument sign), or "pole
Ordinance No. 6403
February 13, 2012
Page 3 of 26
ORD.B
sign." Signs attached to fences or otherstructures that are notdefined as
buildings will be considered fteestanding signs.
K. "Frontage" means the measurement, in linear feet, of the
length of the,property line for a single-tenant buildingorlength of leased
buildingfrontage for mulfitenantbuildings ormultibuilding complexes.
L. "Grade" meansthe relative existingground level in the
immediatevicinity of the sign,
M. "Ground sign" means a sign attached 4o the ground and
supported by the ground or a 6uilt-up landscapedarea such that:the sign
appears solid with the ground. The height of a ground sign shallbe
measuredfromthesurroundinggrade. Also commonly referred to as a
monument sign.
N. "Idenfrficationsign" means a sign containing the name ofthe
business establishment, occupant ofthe building or tenant space and/or
address ofthe premises.
O. "Incidental sign" means a sign that is generally informational
and of a noncommercial natureintended primarily forthe convenience of
thepublic and`having a rriaximum area of twosquare feet. Incidentalsigns
include, butarenotlimited to: signs designating restrooms, hours of
operation, entrances and exits to buildings and parking lots, help wanted,
public telephones, etc. Also included are property control anil waming
signs such as "no trespassing," "no dumping," etc., and plaques, tablets or
inscriptions which are an integral part of a building.
P. "Mansard roof' means a sloped roof or roof-like facade
architecturally able to be treated as a building wall. Q, "Marquee" means a
permanentstructure attached to, supported tiy, and projecting from a
building and providing protection from the weather elements: For the
purpose of this chapter, a freestanding, permanent roof-like structure
providing protectionfromthe elemerrts, such as a service station gas
pump canopy, will also be considered a marquee. Theterm "marquee"
alsoincludes canopy.
R. "Marquee sign" means any sign which formspart of or is
integrated into a marpuee and which doesnotextend horizontally beyond
the limits of such marquee, For thepurpose of this chapter, a marquee
sign will be considered as a wall sign.
S. "Med'ian sign" means a sign that is placed withinthe median
of a public street.
T. "Multiple-building complex" meansa group of commercial or
industrial structures, developed as a group either simultaneously or in
phases, with more than one buildingper parcel.
U. "Mul6ple-tenarrt building" means a single structure housing
more than oneretail business, office or commercial venture but not
including residential apartm_ent buildings, which share the same lot,
access and/or parking facilities.
V. "On-premises sign" means a sign which carries
advertisements incidental to a lawful use of thepremises on which it is
Ordinance No. 6403
February 13, 2012
Page 4 of 26
ORD.B
located, including signs indicating thebusiness transacted, services
rendered, goods sold or produced on thepremises, name of theperson,
firm or corporation occupyingthepremises.
W. "Off-premises sign" means any sign which advertises an
establishment, merchandise, service, goods, or entertainment which is
sold, produced, and manufactured, or furnished at a place other than on
the property on,which saidsign is located.
X. "ParapeY' means a false front orwall extension above the
roofline.
Y. "Perimeter" means a square or rectangle required to enclose
the sign area.
Z. "Portable sign" means any sign made of any material,
including paper, carcl6oard, woodor metal, which is capable of being
moved easilyand is not permanenfly affixed tothe ground, structure or
building. This also includes sidewalkorsandwich board signs, except
those worn by a person.
AA. "Premises" meansthe real estate as a unit, which is involved
by the sign or signs mentioned in this chapter.
BB. "Projecting sign". means a sign which is attached to a
structure or building wall in such a manner that the leading edge extends
morethan 16 inches beyond the surface of said structure or wall but does
notextendmore than five feef'beyond the propertyline, extends no more
than six inches above any roofline, and meets all standards for ground
clearance. Signs that meetthe definition of"marguee sign" or "suspended
sign" willnot be considered a 'projecting sign"
CC. "Real estate sign" means a portable sign erected by the
owner, orthe owner's agent, advertising 4he real estate upon which the
sign is located for rent, lease or sale.
DD. "RevoNing sign" means any sign that rotatesor turns in
motion by electrical or mechanical means in a circular pattem.
EE. "Roof sign" means a sign erected upon or above a roof or
parapet of a building or structure. Mansard roof signsshall be considered
as wall signs. Roof signsmay not extendmorethan five feet in height
above the roof.
FF. "Sign" means any visual communicationdevice, structure, or
fixture which is visible fromany right-of-way intended to aid a land use in
promotingthe sale or identiticationof a product; good or service using
graphics, symbols, or writtencopy. For thepurpose ofthis chapter, a sign
shall not be considered to 6e building or structural design. It shall be
restrictedsolely to graphics, symbols, or written copy that is meant to be
used in the aforementioned way. Thisdefinition shallincludeinflatable
signs, balloonsor othersimilar devices.
GG. "Sign.area" means:
1. The total area of a sign visible from any one viewpoint or
direction, ezcluding the sign support structure, architectural
Ordinance No. 6403
February 13, 2012
Page 5 of 26
ORD.B
embellishments, or framework that contains no writtencopy, and includes
only one side of a double-faced sign.
2. Individual letter signs using a wallas thebackground without
addeddecoration or change in wall color shallbe calculated by measuring
the perimeter enclosing each letter. Thecombined total area of each
individualletter shall be considered the total area of the sign.
3. Module signsconsisting of more than one sign cabinet shall
be computed by addingtogether the total area of eachmodule.
4. Perimeter of sign area shallbe established by the smallest
rectangle enclosing theextreme limits of the lettermodule or advertising
message being measured.
HH. "Sign heighY'means the vertical distance measured from the
adjacent grade to the'highest point of the sign.
II. "Sign structure" means any structure that supportsor is
capable ofsupporting any sign:as defined in this chapter. A sign structure
may be a single pole ormayor may not be an integralpart of the building
or structure.
JJ. "Single-tenant building" means a commercial building or
structurethat contains one enterprise or occupant. Buildings within a
muftibuilding complex may not be considered a single-tenant building.
KK. "Special eyent signage" means temporary signsincluding
posters, flags, pennants, and inflatable materials; which are notthe
primaryidentficationfor the organization, event or product advertised; and
which are primarilyintended for short-termpromotional periods.
LL. "Suspended sign" means a sign thaY is attached toand
suspended from a marquee or canopy, and subject toright-of-way and
clearance regulations.
MM. 'Temporary sign" meansany sign or advertising display
constructed of wood, vinyl, cloth, canvas, light fabric, paper, cardboard, or
other light materials, with or without frames, intended to be displayed for a
limited 6me only. Thisdefinition shall includeinflatable signs.
NN. "Traffic hazard" means anysign whichdoes notmeet city
standards for clear zone or sight distance or which does not meet the
requirements of the Americans with Disabilities Act.
00. "Wall sign" means a sign attached orerected parallel to and
extending notmore than 16 inchesfromthe facade or face of any building
to which it is attached and supportedthrough its entire length, with the
exposed face of the signparallel tothe plane of said wall or facade.
9lVindow signs" which do not meet the definitionof a "temporary sign"
shall be considered as wall signs.
PP. "Window sign" means a sign locatedinside or affixed to
windows of a building, whether temporary or permanent, lighted or
unlighted, which may be viewedfromthe exteriorofthe building.
QQ. "Feather banner or sign" means a fabric sign with printed
advertisement on one ortwo facesthat is either.stationary or rotates and
Ordinance No. 6403
Febriiary 13,.2012
Page 6 of 26
ORD.B
is attached on oneside to a metal pole or stake that is placed in the
ground or attached to a secure object.
RR. "Off-premises directional sign" ineans a signlocatedon
private property or in the publicright-of-way as authorized that directs or
guides persons to an esta6lishmerrt, merchandise, service, goods, or
entertainment which is sold, produced, and manufactured, or fumished at
a place otherthan on the property orpublic right-of-way on which said
sign is located. (Ord. 6353 § 3, 2011; Ord. 6327 § 3; 2010; Ord. 6263 § 3,
2009; Ord. 6166 § 1, 2008; Ord. 5993 § 1, 2006; Ord. 4705 § 2, 1994;
Ord. 4229 § 2, 1987.)
Section 4. Amendment to GitvCode. That, effective March 16,
2014, Section 18.56.020 of the Aubum City Code be and the same hereby is
amended to read as follows:
18.56.020 Definitions.
The following definitions are spec c to this chapter and are to be
used only for the implemeMation of this chapter:
A. "Animated sign" means any sign that flashes or simulates
motionwith an electronic or manufactured source of supply orcontains
uvind-actuated motion (except for flags and banners). An animated sign
may also be a sign that meets thedefinition of"changing message center"
or"revolving sign,"
B, "Banner' means a temporary sign constructed of fabric,
vinyl, or other durable material; wh'ichis notfhe primary ideM cation for
the organization, event or product advertised; and which is primarily
promotional in nature.
C. "Billboard" means a large outdooradvertising sign containing
a message, commercial or otherwise, unrelated to the use or activity on
the property on which the sign is located and/or to any use or activity in
the immediatearea (such as is the case with an off-premises sign) and
which is customarily leased for commercial purposes. The approximate
sizes of thebillboard faces range from 12 to 14 feet in height and 24 to 48
feet in width.
D. "Changing message center' means an electronically
controlled message center that displays differenf copy changes on the
same lamp bank.
E. "Directional sign" means a signwhich is located to guide or
direotpedestrian or vehicular traffic to parking entrances, exits, and
service areas, and .may notexceed six square feet; in area or 10 feet in
height. For projects that haveparking lots in excess of 500 spaces, the
sign area may tie 10 squarefeet and the sign heighf 15 feet.
F. "Double-faced sign"means a sign wifh two faces.
Ordinance No. 6403
February 13, 2012
Page 7 of 26
ORD.B
G. "Electrical sign" means a sign or sign structure in which
electrical wiring, connections, and/or fixtures are used as part of the sign
proper.
H. "Facade" means the entire building front, or street wall face,
includinggrade to the top of 4he parapetoreaves, and the entire width of
the building elevation.
I.Flashingsign'' means an electricalsign. or a portion thereof
which changes lightintensity in a sudden transitory burst, or which
switches on and off in a constant pattem in whichmorethan one-third of
the nonconstant lightsource is off atany one time.
J. "Freestanding sign" means a sign that meets the definition of
ground sign" (also commonly referredto as a monument sign) or "pole
sign." Signs attached to fences or other structures that are not defined as
6uildingswill be considered freestanding signs.
K. "Frontage" means the measurement, in linear feet, of the
length. of the property line, for a single-tenant,building or length of leased
building frontage formultitenant 6uildings or multibuildingcomplexes.
L. "Grade" mean"s therelativeezistingground level in the
immediate vicinity of the sign.
M. "Ground sign" means a sign attached to the ground and
supported by the gro.und or a built-up landscaped area such that the sign
appears solid with the ground. The height of a ground sign shall be
rrieasured fromthesurrounding grade: Alsocommonly referred to as a
monument sign.
N. "Iderrtification sign" means a sign containingthe name of the
business establishment, occupant of the building or tenant space and/or
address of thepremises.
O. "Incidental sign" means a sign that is generally informational
and of a noncommercial nature intended primarily for the convenience of
thepublic.and having a maximumarea of two square feet. Incidental signs
include; butarenot limited to: signs designating restrooms, hours of
operation, entrances andezits to buildings and parkinglots, help wanted,
public telephones, etc, Also included are prope,rty control and waming
signs such as "no trespassing;" "no dumping," etc:, and plaques, tablets or
inscriptionswhich are an integralpart of a building.
P. "Mansard roof' means a sloped roof or roof-like facade
architecturally able to be treated as a buildingwall.
Q. "Marquee" means a permanent structure attachedto,
supported by, and projecting from a building and providing protection from
theweather elements. For thepurpose of this chapter, a fteestanding,
permanent roof-like strucfure providingprotectionfrom the elements, such
as a servicestationgas pump canopy, will also be considered a marquee.
The term "marquee" also includes canopy.
R. "Marquee sign" means anysign which forms part of or 'is
integrated into a marquee and whichdoes not extend horizontally beyond
Ordinance No. 6403
Fe6ruary 13, 2012.
Page 8 of 26
ORD.B
the limits of such marquee: For the purpose of this chapter, a marquee
sign wili be considered as a wallsign.
S. "Median sign" means a sign that is placed within the median
of a public street.
T. "Multiple-buildingcomplex" means a group of commercial or
industrial structures, developed as a group either simultaneously or in
phases, with more than one building per parcel.
U. "Multiple-tenant building" means a single structure housing
more than one retail business, office or commercialventure but not
including residentiaf apartment buildings, which share the same lot,
access and/or parking facilities.
V. "On-premises sign" means a sign which carries
advertisements incidental to a lawful use of the premises on which it is
located, including signs indicating the business transacted, services
rendered, goods sold or produced on the premises, name of the person,
firm or corporation occupying the premises.
W. "Off-premises sign" means any sign whichadvertises an
establishment, merchandise, service, goods, or entertainmerrtwhich is
sold, produced, and manufactured, or furn'ished at aplace ofher than on
the property on which said sign is located.
X. "ParapeY' means a falsefront or wall extensionabove the
roofline.
Y. "Perimeter" means a square or rectanglerequiredto enclose
the sign area.
Z. "Portable sign" means any sign made ofanymaterial,
including paper, cardboard; wood or metal; which is capable of being
movedeasilyand is not permanently affixed tothe ground, structure or
building. This alsoincludessidewalk or sandwichboardsigns, except
thosewom by a person.
AA. "Premises" meansthe real estate as a unit, which is involved
by the sign or signs mentioned in this chapter:
BB. "Projecting, sign" means a sign which 'is attached to a
structure or building wall in such a manner that the leading edge extends
more than 16 inches beyond the surFace of said structure or wall butdoes
not extend more than five feet beyond the property line, extends no more
thansix inches above any roofline, and meets all standards for ground
clearance. Signs that meet the definftion of"marquee sign" or "suspended
sign"will not be considered a "projecting sign."
CC. "Real estate sign" means a portable sign erected by the
owner, or theowne's agent, advertising fhe real estate upon which the
sign is located for rent,Jease or sale.
DD. "Revolving sign" means any sign that rotates ortums in
motion by electrical or mecFianical means in a circular pattem.
EE. "Roof sign" means a sign erected uponor above a roof or
parapet of a buildingor structure. Mansard roof signs shallbe considered.
Ordinance No: 6403
February 13,2012.
Page 9 of 26
ORD.B
as wall signs. Roof signsmay not ectend more thanfive feet in height
above theroof.
FF. "Sign" means any visualcommunicationdevice, structure, or
fixture which is visible from any right-of-wayintended to aid a land use in
promoting the sale or ident'fiication of a product, good or service using
graphics, symbols, or writtencopy. For the purpose of this chapter, a sign
shall not be considered to be building or strvcturaltlesign. k shall be
restrictedsolely to graphics, symbols, or written copy that is meant tobe
used in the aforementioned way. This definition shall include inflatable
signs, balloons or other similar devices.
GG. "Sign area" means:.
1. The total area of a sign visible from any one viewpoint or
direction, excluding 4he sign support structure, architectural
embellishments, orframework that contains no written copy, and includes
only one side of a double-faced sign.
2. Individual letter signs using a wall as thebackground without
added decoration or change in wall color shall be calculated by measuring
the perimeter enclosing each Ietter. The combined total area of each
individual letter shallbe considered the total area of the sign.
3. Modulesigns consisting of more than one sign cabinet shall
be computed byadding together thetotal area of each module.
4. Perimeter of sign area shall be established by the smallest
rectangleenclosing the extreme limits of theletter module or advertising
message being measured.
HH. "Sign heighY' means thevertical distance measured ftom the
adjacent grade to the highest point of the sign.
II. "Sign structure" meansany structurethat supportsor is
capable of supportingany,sign as defined in this chapter. A sign structure
may be a single pole or may or may not bean integral part of the building
or structure.
JJ. "Single-tenant building" means a commercial building or
structure that containsone enterprise or occupant. Buildingswithin a
multibuilding complex may not be considered a single-tenant building.
KK. "Specialeventsignage" meanstemporary signs including
posters, flags, pennants; and inflatablematerials; which are not the
primary identification forthe organization, event or product advertised; and
which are primarily intended for very short-term promotional periods.
LL. "Suspended sign" means a sign that is attached to and
suspended from a marqueeorcanopy, and subject to right-of-way and
clearance regulations.
MM. 'Temporary sign" means anysign or advertisingdisplay
constructed of wood; vinyl, cloth, canvas, light fabric, paper, cardboard, or
otherlight materials, wRh or without frames, intended to be displayed for a
limitedtime only. This definition shallinclude inflatable signs.
Ordinance No. 6403
February 13, 2012
Page 10 of 26
ORD.B
NN. 'Traffic hazard" rrieans any sign whichdoes not meet city
standards for clear zone or sight: distance or which does notmeetthe
requirements of the Americans with Disabilities Act.
00. "Wall sign" means a sign attached or erectedparallel to and
extendingnotmore than 16 inches fromthefacade or face of any building
to which it is attached and supported through its entire length, with the
exposed face of the sign parallel to the plane of saidwall or facade.
9lVindow signs" which do not meet the definition of a "temporary sign"
shall be considered as wallsigns.
PP. 'ndowsign" means a sign located inside or affixed to
windowsof a building, whether temporary or permanent, lighted or
unlighted, which may be viewed from theexterior of the building. (Ord.
6353 § 4, 2011; Ord. 6327 § 4, 2010; Ord. 6263§ 4, 2009; Ord. 6166 § 1,
2008; Ord. 5993 § 1, 2006; Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.)
Section 5. Amendment to Citv Code. That, from the effective
date of this Ordinance, through March 15, 2014, Section 18.56.030ofthe Aubum
City Code be and the samehereby is amendedto read as follows:
18.56.030 General provisions, all districts.
A. Community Signs. The planning, building and community
directormayapprove and permit tobe erected entrance signs, at ornear
the city limits, on city publicright-of-way or on privately owned parcels with
theowner's permission, on whichmay be listed 'institu4ional names,
service clubs or organizatio.ns or points of interest or similar public
information. Right-of-way use pe[mitsmay be required for signs located in
the public right-of-way, except as permitted by subsections (B)(1), (B)(2), I
or J ofthis section.
B. Temporary Signs.
1. Special event signage may be allowed in the RO, RO-H, CN,
C-1, G2, C-3, DUC, BP, LF, M-1, M-2, EF and tHe nonresidential used
properties in the Terrace ew District and the PUD-Lakeland Hills South
subject to obtainment of temporary sign permitauthorization from the city
and compliance with the following as applicables
a. The area of any single signshall not exceed 30 square feet;
b. Special evenf:signs as authorizedherein shalF not have the
following:
i.Illumination of any kind;
ii.Strobingor blinking orflashing lights;
iii. Electricaf animation;
iv. Changeablereader copy, electronic or manual;
a Special event signage shall not exceed the maximum height
limitations of the underlying zoning district;
Ordinance No. 6403
February 13, 2012
Page 11 of 26
ORD.B
d. Special event signs may have spinning elements attachedto
them includingbutnot limited to flags or pennants or balloons or
windsocks attached to them; provided, that they do notat any time
constitute a traffic safety or pedestriansafety hazard;
e. Balloons and windsockspeciaf eventsignage shall not be
authorized to beplaced in thepublic rights-of-way or on-sitelandscape
areas or off-site on anothe.r priyateparcel of land that does notcontain the
businessorservice being advertised;
f.Flag and pennant special event signage may be authorized
to be placed in thepublic rights-of-way; provided, that placement in the
public rights-of-way does not constitute a traffic safety or pedestrian safery
hazard and does notcreate nonconformance tothe Americans with
Disabilities Act;
g. Flag and pennant special event signage may be authorized
to be placed in on-site landscape areas and off-site on another private
parcel of land that does notcontainthebusinessor service being
advertised; provided, that placement in on-site landscape areas does not
impede sight distance and that off-site placement on another property has
received prior property owner authorization.
2. Bannersmay be allowed in the RO, RO-H, CN, C-1, G2, C-
3, DUC, BP, LF, M-1, M-2, ;EP and the nonresidential used properties in
theTerrace View District andthe PUD-Lakeland Hills South, subjectto
obtainment of temporary sign permitauthorization from the cityand
compliance with the following:
a. Thearea of any single banner used by a single business on
a site shall notexceed 32 square feet; provided, that bannerscrossing
roadways as approved by the city shall not exceed 120 square feet.
b. For multitenant buildings and/or multibusiness complexes,
each business shall be authorizedto have a banner, provided, thaY the
size of each banner shall belimited to maximum of 32 square fieet;
provided, that banners crossing roadways as apprbved by the city shall
not exceed 120 square feet.
c.Banners as authorized herein shall nothavethe following:
i. Illumination of any kind;
ii.Strobing or blinking or flashing lights;
iii. Electrical animation;
iv. Changeable reader copy, electronic ormanual.
d. Bannersignage shall not exceed themaximum height
limita6ons of the underlying ioning district.
e. Banners may havespinning elementsattached to them
including butnot limited to flags orpennaMs or balloons or windsocks
attached to them; provided, that they donot at any time constitute a traffic
safety or pedestrian safety hazard,
f.Banners may be authorized to be placed in the public rights-
of-way; provided, that placement in the public rights-of-way doesnot
Ordinance No. 6403
February 13; 2012
Page 12 of 26
ORD.B
constitute a traffic safety or pedestriansafety hazard or does notcreate
nonconformance tothe Americans with Disabilities Act.
g. Banners may be authorizedto be placed in on-site
landscape areas and off-site on another privateparcel of land that does
notcontainthe business or service being advertised; provided, that
placement in on-site landscape areas doesnot impede sight distance and
that off-site placement on another property has received prior property
owner authorization.
C. Civic Events. Street banners may be permitted subject to
approval and installation in accordance with rules and procedures
established by the city of Aubum public works department.
D. Sign LightingProvisions.
1. All lighting shall be arranged to reflect away from any
residentialzone. No person shall construct, establish, create or maintain
any stationary exterior lighting or illumination system or any interior
system which is intended #o be4iewed from a street, highway or other
public thoroughfare used for vehicular traffic whichsystem contains or
utilizes:
a. Anyexposed incandescent lamp with wattage in excess of
25 watts;
b. Any exposed'incandescent lamp with a metallic reflector,
c. Any exposedincandescent lamp with an external reflector;
d. Any revolving beacon light;
e. Any corrtinuous or sequential flashing operation, except as
allowed for changingmessage center signs in subsection F of thissection.
2. The provisions of subsection (D)(1) of thissection shall not
apply to:
a. Lighting systems owned or controlled by anypublic agency
for thepurpose of directing oc controllingnavigation, traffic, or highwayor
street illumination;
b. Aircraft waming lights.
E. Construction Provisions, Sight Distance, Exposed Angle Iron
and Wire.
1. Each sign shall be adequately constructed in accordance
withtherequirements of theIntemational Building Code, as amended;
2. Signs containingelectrical circuitry shall meet the
requirementsof the National Electrical Code and all state laws, and shall
include an.approvedtesting lab sticker,
3. Signs must rimeet vehicularsight distance requirements
established by the ciry engineer pursuant to the city of Auburn engineering
design standards;
4. When a projecting sign is used, no angle irons, guy wires or
braces shall be visible, ezcept those that are an integralpart of the overall
design, such as decorative metals or woods, or unless they are required
for safety.
Ordinance No. 6403
February 13, 2012
Page 13 of 26
ORD.B
F. Changing MessageCenter Signs. Where permitted under
this chapter, changing message center signs shall comply with the
followingrequirements; provided, that clianging message centersigns that
only display time and temperature or similar public serviceinformation
shall be exempt'from these requirements.
1. Where Allowed. Changing message center signsshall only
be allowed inthe I, P-1, C-1, G2, DUC, C-3, M-1 and M-2zones.
a. In the I and C-1 zones, changing message center signsshall
only be allowed on frontages along a collector, minor or principal arterial
street.
b. In the I zone, no changing message center sign shall
operate between the hours of 10:00 p.m. and 6:00 a.m.
c.In the DUC zone, changingmessage centersigns shall only
be allowed whenlocatedadjacent and oriented to Auburn Way
North/Aubum Way South street froMages. (For other sign standards for
the DUC zone, see ACC 18:29.060(I)).
2. Number. No more thanonechanging messagecenter sign
per street frontage shall be permitted on each property.
3. Sign Face Area. Except in the I and P-1 zones, thechanging
message centershallnot constitute more than 75 percent of a sign's total
sign face area.
4. Display.
a. The display of the signshall not change more rapidly than
once every one and one-halfseconds.
b. No scrolling message shall require more than five seconds
to be displayed'in its entirety.
5. Light Levels.
a. Changing message center signs shall haveinstalled ambienY
light monitors andshall at all times allow such monitors to automatically
adjust the 6righfiess level of the sign basedon ambient ligh4 conditions.
b. At no time shall a changing messagecenter sign be
operated at a brightness level greater thanthe manufacturer's
recommended levels.
c. All lighting shallbe arrangedto reflect away from any
residential zone. The director shall have the authority torequire a sign
permitapplication to includ"e informa4ion to ensure the intent of this
requirement is met.
d. The brightness levelshall not exceed 8,000 nits when
measured from the sign's face at its maximum b"rightness duringdaylight
hours and 500 nits when measuredfromthe sign's face at its maximum
b ightness betweemdusk anddawn.
6. On-PremisesAdvertisingOnly: Changingmessage center
signs shall only advertise on-premises products and services, ordisplay
public service messages oY messages on 6ehalf ofi not-for-profit
organizations.
Ordinance No. 6403
February 13, 2012
Page 14 of 26
ORD.B
7. Additional Requirements. Acopy of the manufacturer's
operatingmanual shall be provided to the city upan request.
8. Amortization. All changing message center signs that do not
comply with the requirements of subsections (F)(4) and (5) ofthis section
shall be brought into compliance with those requirements by April 1, 2009.
G. Change of Copy. The holder of a permit, for the duration
thereof, shallhave the right tochangethe advertising copy on the
structure or sign forwhich thepermit was issued witho.utbeing required to
pay anyadditional fees.
H. Exemptions: Unless otherwisespecified or unless expressly
prohibited, it is not the intent of this chapter toregulate thefollowing signs:
1. The flag of government or noncommercialinstitutions such
as schools, with the;poles treated as structures;
2. Officialpublic notices, official court notices;
3. Incidental signs (see ACC 18.56:020(0), Definitions);
4. Signs not vis'i61e frompublic right-of-way;
5. Lettering or symbols painted directly ontoor flush-mounted
magnetically onto an operable vehicle;
6. Painting, repainting, cleaning, epairing, and other normal
maintenance unless structural orelectrical changes are made;.
7. Religioussymbols notattachedto a permitted sign;
8. Memorial signsor tablets, names of buildings, dates of
erection and the like, which are incorporated into the building material and
facade;
9. Signsrequired by law, traffic or pedestriancontrol signs,
signs indicating scenic or historic points of interest, which are erected by
or on the orderof a public officer in the performance of his or her public
duty;
10. Sculptures, fountains, mosaics, and design features which
do notincorporate advertising or identification;
11. Temporary signs limited exclusively to noncommercial
speech.
I.Portablesigns shallbe allowed in the RO, RO-H, CN, C-1,
C-3, BP, LF, M-1, M-2, EP and the nonresidentiaf used properties in the
Terrace ewDistrict and fhe PUD-Lakeland Hills South subject to
obtainment of tempora_ry sign permit authorization from the cityand
compliance withthe followingas applicable:
1. For single-tenant6uildings and/or sites, one portable sign
shallbe allowed per building or propertyfrontage, as applicable.
2. Each business in a multitenant tiuilding and/or multibuilding
complex shallbelimited'to a mazimum of one portable sign.
3. For multitenant buildings and/or multibuildingcomplexes that:
propose to place one ormore portablesigns within the on-sitelandscaped
area at the intersection of two public or private streets or at a driveway
intersectionwith a pu6lic nr private street; compliance tothe city's
minimum sight distancerequirements shall be maintained at all times.
Ordinance No: 6403
February 13,2012
Page 15 of 26ORD.B
4. For multitenant buildings and/or multibuiiding complexes that
propose to place one or moreportable signs along the propertystreet
ftontage of a public orprivate street, thetotai numberof allowable portabie
signs along said frontage shall belimited as follows to reduce the visual
and aesthetic impact to the city:
a. Zero tNrough 25 lineal feet of public or private streeYfrontage
equals one portable sign every. three lineal feet of street frontage up to a
maximum of three signsat anygiven time.
b. Twenty-six througfi 50 lineal feetof public or privatestreet
ftontage equalsoneportable sign every threelineaffeet of street frontage
up to a maximum of four signs at anygiven time.
c:Fifty-0ne through 75 lineal feet of publicorprivate street
frontageequalsoneportable sign everythree lineal feet of street frontage
up to a maximum of fve signs at.anygiventime.
d. Seventy-sixthrough 100 lineal feet of public orprivatestreet
frontage equals one porta6le sign everythree lineaf feetof streeYfrontage
up to a maximumof six signs at any given time.
e. One hundred through 125 lineal feet of public or private
streetfrontageequalsone portable sign every three lineal feet of street
frontage up to a maximum of seven signs at any given time.
f.One hundred twenty-six through 150 lineal feet ofpublic or
private streetfrontage equals one portable sign everythree lineal feet of
street frontage up to amaximum ofeight signs at anygiven time.
g. One hundreci fifty-one through 175 lineal feet ofpublic or
private street frontage equals one portable sign every three lineal feet of
streetfrontage up to a maximum ofnine signs at any given time.
h. One hundred seventy-six lineal feetand greater of public or
private street frorrtage equals one portable sign every three lineal feet of
streetfrontage up to a maximum of10 signs aYany given time.
i.The planning director shall havefhe discretionary authority
to authorize additional portable signsalong a public or private street
frontage when in his or her detertnination such allowance willnot
substantively impactthevisual and/or aesthetic impact to the city and
such allowance is warranted by physicalsite conditions or economic or
business considerations or other factors as deemed reasonable by the
planning director.
5. Portable signs shall not be located in one or more existing
parkingspaces on a development site.
6. Portable signs as authorizedherein shall nothavethe
following:
a. Illumination of:any kind;
b. Strobing or blinking or flashing lights;
c.Electrical animation;
d. Changea6le reader copy, electroniaor manuaL
7. Portable signs mayhave spinning elements including butnot
limitedto flags or pennants or balloons or windsocks attached to them;
Ordinance No. 6403
FebNary 13, 2012
Page 16 of 26
ORD.B
provided, thatthey donotat anytime constitute a traffic safety or
pedestrian safety hazard.
8. Portable signs•advertising a business or servicenot located
on the samesite shall be allowed to be located off-s'ite from thebusiness
or service being adverfised; provided, that priorproperty owner
autfiorization has been obtained by said business operator or service
provider.
9. Each portable sign shall have a: maximumtotal sign size of
36 inches in height and30 inches in width and be limited to two faces. ,
10. Porta6le signs shallbe allowed in4he public right-of-way;
provided, that any and all signs arenot placed withinvehicle travel lanes
or improved/unimprovedvehicle shoulder areas or bicycle lanes, are not
placed in front of or blockaccess to marked bus transit stops, do not
interfere with or impede pedestrian traffic or crossings and do notcreate
noncanformance to theAmericans with Disabilities Act.
J. Off-premisesdirectionalsigns shall be allowed in the RO,
RO=H, CN, C-1, G2, C-3, DUC, BP, LF, M-1, M-2, EP, and the
nonresidential used properties in the Terrace View District and the PUD-
Lakeland Hills South subject to obtainment oftemporary signpermit
authorizationfromthe city and compliance withthe following as
applicable:
1. Off-premisesdirectional signsasauthorizedherein shall not
have the following:
a. Illumination of anykind;
b. Strobing or blinking or flashing lights;
c.Electricalanimation;
d. Changeablereader copy, electroniaor manual.
2. Off-premises directional signsmay have spinning elements
including but not limited to flags or pennants or fialloons or windsocks
attacheil to them; provided, that they do notat anyfime constitute a traffic
safety or pedestrian safety hazard.
3. Off-premise.s directional signs may be authorized to be
placed in thepublic rights-ofway; provided, that placement in thepublic
rights-of-viray does not ccnstitute a traffic safety or pedestrian safety
hazard and does notcreate nonconformance to the Americans with
Disabilities Act.
4. Off-premises directionalsigns may be authorized to be
placed in on-site landscape areas, or off-site onano4her privateparcel of
land that doesnot corrtain the 6usinessor s.ervicebeing advertised;
provided, that placement in on-site landscape areas does not impede sight
distance and that offsite placement on anotherproperty hasreceived
priorproperty owner au4horizafion.
5. Off-premises directional signs shall not be located in one or
moreexisting parking spaces on a development site.
6. Off-premises directional signsshall have a maximum sign
face area of 12 inches by 24 inches and a total height of 42 inches
Ordinance No. 6403
February 13,2012
Fage 17 of 28
ORD.B
inclusive of any wood, metal, plastic or othersupport and a maximum of
two sign faces.
K. Prohibited Signs. From and after the effective date ofthe
ordinancecodifecl in this chapter, it shall be unlawful for any person to
erect or place withinthe city, except as otherwiseauthorized:.
1. A swinging projecting sign;
2. Portable signs, except as permitted by ACC 18.56.025 {Real
estate signs), 18.56.040(E) (C-2 District) and subsections (I)(1) through
10) of thissection;
3. Banners, pennants, ribbons, streamers, spinners, rotating or
blinking lights, strings of lights, or similar devices, except as permitted by
subsection B of thissection (Temporary Signs);
4. Flashing signs, except as permitted in subsection D of this
section (Sign Lighting"Provisions);
5. Changing message center signs, except as allowed in the I,
P-1, C-1, C-2, C-3, M-1 and M-2 zones;
6. Signs attached to, or placed on, a vehicle or trailer parked on
private or pu6lic property that is notassociated with thebusiness
advertised o said sign(s): This provision is not to be construed as
p ohibiting theidentfication of a firm or its principal products on a vehicle
used in the normal course of business. This does not include automobile
for sale signs or signsattached to franchised buses ortaxis;
7. Private signs placed'in or on a public.right-of=way, except for
as expressly pemiitted 6y this chapter;
8. My sign which constitutes a traffic hazard or detriment to
traffic safety by reason of its size, location, movement, coloring, or method
of illumination, or by obstructing the vision of drivers, or detracting from
the Visibility of any officialtra c control devicebydiverting or tending to
divert theattention of drivers of moving vehicles from traffic movement on
streets, roads, intersections; or accessfacilities. No signshall be erected
so fhat it obstructs thevision of pedestrians by glare ormethodof
illumination or constitutes a hazard to traffic. No sign may use words,
phrases, symbols or characters in such a manner asto interfere with,
mislead, or confuse traffic;
9. Any sign or advertising structure or supportingstructure that
is tom, damaged; defaced or destroyed;
10. Signs attachedtopoles installed by governmental agencies,
util'dy poles, trees, rocks or other natural features;
11. Signs attached to benches, garbage cans, or other street
fumiture located within the public right-of-way;
12. Rofatingsigns;
13. Billboards;
14. Any sign which does not structurally or materially conform to
the requirements of the city's adopted Intemational BuildingCode.
L. Nonconforming Signs. Permanent signsestablished legally
prior to the adoption of the o dinance cod ed in this chapter that do not
Ordinance No. 6403
February 13,2012
Page 18 of 26
ORD.B
conform to the regulationsof this chapter with regard to number, size,
height or location shall be allowedto remain aslegal nonconforming signs
except as foliows:
1. Whenever a new buildingreplacestheprincipal building.
2. Whenthere is an expansion of an existing building, the
requirements of this section shall appty only if there is an increase in floor
area of 25 percent or more (including the cumulativeincrease of previous
expansions afterthe effectivedate of the ordinance amendingthis
section).
3. Whenever a nonconfortning use is replaced by a cor forming
use, the requirements of thissectionshallapply in full tothe new use if
and only if there is a change in required signage due to the zoningdistrict.
4. Any sign, including the sign structure, now or hereafter
existingwhich no longer advertises a bona fidebusiness conducted or a
product sold. Such sign(s) shall be taken down and removed by the
owner, agerit or person having the beneficial use of the land, building or
structure upon which such §ign may be found within 90 daysafterwritten
not cation from the building official.
M. Master SignPlans Authorized. The planning, building and
communitydirector has the authority to require a master sign planto
ensure a consistent and coordinated signage §cheme for development
proposals. In approving master signplans underthe provisions of this
subsection, the director has the authority to approve signage schemes
that allow for signs greater in area and height than allowed in the
particular zone 'in which thedevelopment is located when a coordinated
signagescheme is used; Mastersignage plans shall6e recortled.
N. Maintenance and Safety. All permanent, temporary and
portable signs and components thereof must be maintained in,good repair
and in a safe, neat, clean and attractive condition. Failure to maintain a
sign(s) in accordance with this subsection shall be subject to the code
compliance provisions of the Aubum City Code. (Ord. 6353 § 5, 2011;
Ord. 6327 § 5, 2010; Ord. 6287 § 2, 2010; Ord. 6263 § 5, 2009; Ord. 6166
2, 2008; Ord. 5993 § 1, 2006; Ord. 5342 § 2, 200U; Ord. 4705 § 2, 1994;
Ord. 4229 § 2, 1987.)
Section 6. Amendment to Citv Code. That, effective March i6,
2014, Section 18.56.030 of the Aubum Ciry Code be and the same hereby is
amended toread as follows:
18.56.030 General provisions; all districts.
A. Community Signs. The planning, building and community
director mayapproVe and permit to be erected entrance signs, at or near
the city limits, on city public right-of-way or on privately ownedparcels with
the owner's permission, on which may be listed institutional names,
service clubs or organizations or pointsof interest or similar public
Ordinance No. 6403
February 13, 2012
Page 19 of 26
ORD.B
information. Right-0f-way use permffs may be required for signs located in
thepublic right-of-way.
B. Temporary Signs.
1. Special event signagemay be allowed subject to the
following:
a. Use of suchsignage is limited to 10 days per display, not to
exceed 10 days in any 90-day period;
b. Thearea of any single sign shall not exceed 30 squarefeet;
2. Banners may be allowed subject tothe following:
a. No more than finro such signs may be used per site at any
given time;
b. Use of such signs is limited to 90 consecutivedays, and may
notexceed 90 days in any 120-dayperiod;
c. The area.of:any single banner used by a single business on
a siteshall not exceed 32square feet;
3. Signswhich are placed upon or within a window and which
are intended tobe viewed fromthe right-of-way shallnot exceed 50
percent of the window area;
4. Permits are not required, except that signs exceeding the
allowable size and fime durationmustreceive a permit issuedby the
planning, buildingand community director if special circumstances exist
that warrant the additionalsignage.
C. Civic Events. Street bannersmay be permitted subject to
approval and installation . in accordance with rules and procedures
established by the city of Aubum public works department.
D. Sign Lighting Provisions.
1. Alllighting shallbe arrangedto reflectaway from any
residentialzone. No personshall construct; establish, create or maintain
any stationary exterior lighting or illumination systemor any interior
systemwhich is intended to be viewed from a street; highway or other
public thoroughfare used for vehicular traffic which system containsor
ufilizes:
a. Any exposed incandescent lamp with wattage in excess of
25 watts;
b. Any exposed incandescent lamp with a metallicreflector;
c. Any exposeci:incandescent lamp with an extemal reflector;
d. Any revolving,beacon light;
e. Any continuous or seq'uential flashing operation, except as
allowed for changingmessagecente signs in subsection F of this section;
2. The provisions of subsection (D)(1) of this section shall not
apply to:
a. Lighting systems owned or controlled by anypublic agency
for the purpose of directing or controlling navigation, traffic, or highway or
street illumination;
b. Aircraft warning lights.
Ordinance No. 6403
February 13, 2017
Page 20 of 26
ORD.B
E. Construction Provisions, SightDistance, Exposed Angle Iron
and Wire.
1. Each sign shall be adequatelyconstructed in accordance
with the requirements of the Intemational Building Code, asamended;
2. Signs containingelectrical circuitry shall meet the
requirements of the NationalElectricalCode andall state laws, and sha l
include an approvedtesting la6 sticker;
3. Signsmustmeetvehicular sight distance requirements
established by the city engineerpursuant to the city of Aubum engineering
design standards;
4. When a projecting sign is used, naangle irons, guywires or
braces shallbe visible, ezcept those that are an integral part oftheoverall
design, such as decorative metals or woods, or unless they are required
for safety.
F. Changing Message Center Signs. Where permittedunder
this chapter, changing message center signs shall comply with the
following requiremerrts; provided, that changing message center signs that
only display time and temperature or similar pu6licservice information
shall be exempt fromtheserequirements.
1. Where Allowed. Changing message center signs shall only
be allowed in the l, P-1, C-1, C-2, DUC, C-3, M-1 and M-2 zones.
a. In the I and C-1 zones, changingmessage center signs shall
only be allowed on frontages along a collector, minor or principalarterial
street.
b. In the I zone, no changing message center sign shall
operate between the hours of 10:00 p.m. and 6:00 a.m.
c.In the DUC zone, changing message center signs shall only
be allowed when located adjacent and oriented to Auburn Way
North/Aubum Way South sVeet frontages. (For other sign standards for
the DUC zone, see ACC 18.29.060(I).)
2. Number. No more than one changing message center sign
per street fron4age shallbe permitted on each property.
3. Sign Face,Area Except in the I and P-1 zones, thechanging
message centershall not constitiite more than 75 percent of a sign's total
sign face area.
4. Display.
a. Thedisplay of the sign shallnot change more rapidly than
once everyone and one-haffseconds.
b. No scrolling message shall require more than fiveseconds
to be displayed in its entirety.
5. LightLevels.
a Changing messagecenter signs shall have installedam6ient
light monitors and shall at all timesallow such monitors to automatically
adjust the brightness level of the sign based.on ambient Jight conditions.
Ordinance No. 6403
February 13, 2012
Page 21 of 26
ORD.B
b. At no time shall a changing messagecenter sign be
operatedat a brightness level greater than the manufacturer's
recommended levels.
c. All lightingshall be arrangedto reflect away from any
residentialzone. 'Thedirector shall havethe authority to require a sign
permit application include informationto ensure the intent of this
requirement is met.
d. The brightness levelshall notexceed 8,000 nits when
measured from tHe sign's face at its maximum 6rightness during daylight
hours and 500 nits whenmeasured fromthe sign's face atits maximum
brightness between dusk anddawn.
6. On-Prerriises Advertising Only. Changing megsage center
signs shall onlyadvertise on-premises products and services, or display
public service messages ormessages on behalf of not-for-profit
organizations.
7. Additional Requirements. A copy of the manufacturer's
operating manual shall be proyided tothe city upon request.
8: Amortization.. Allchangingmessage center signs that do not
comply with therequirements of subsections (F)(4) and (5) of thissection
shall be brought intooompliance with those requiremerrts by April 1, 2009.
G. Change of Copy. The holder of a permit, for the duration
thereof, shall havetheright to changethe advertising copy on the
structure or sign for which the permitwas issued without beingrequired to
pay anyadditional fees.
H. Exemptions. Unless othervuise specfied or unless expressly
prohibited, it is notthe intent of thischapter to regulate the following signs:
1. The flag of a govemment or noncommercial institutions such
as schools, with the poles t eatedas structures;
2. Official pulilic no4ices, official court notices;
3. Incidental signs (see ACC 18.56.020(0), Definitions);
4. Signs notdisiblefrompublicright-of-way;
5. Lettering or symbols painted directly onto or flush-mounted
magnetically onto an operable vehicle;
6. Painting, repainting, cleaning, repairing, and other nortnal
maintenanceunlessstructural or electricalchanges are made;
7. Religioussymbols notattached to a permitted sign;
8. Memorial sign§ or tablets, names of buildings, dates of
erection and the like,which are incorporatedinto the building material and
facade;
9. Signs required by law, traffia or pedestriancontrol signs,
signsindicating scenicor historic points of interest, which are erected by
or on the order of a public officer in the performance of his or her public
duty;
10. Sculptures, fountains, mosaics, and design features which
do not incorporate advertising or ident cation;
Ordinance No. 6403
February 13, 2012
Page 22 of 26ORD.B
11. Temporary signs limited exclusively to noncommercial
speech.
I.Prohibited Signs. From and after the effectivedate ofthe
ordinance cod ed in this chapter it shall 6eunlawFul for any personto
erect or place within the city, except as otherwise authorized:
1. A swingingprojecting sign;
2. Portable signs, except as permitted by ACC 18.56.025 (Real
estate signs) and 18.56.040(E) (G2 District);
3. Banners, pennants, ribbons, streamers, spinners, rotating or
blinking lights, strings of lights, or similardevices, except as permitted by
subsection B of this section (Temporary Signs);
4. flashing signs, except aspermittedin subsection D of this
section,(Sign Lighting Provisions);
5. Changingmessagecenter signs, except as allowed in the I,
P-1, C-1, C-2, C-3, M-1 and M-2 zones,
6. Signs attached to, or placed on, a vehicle or trailer parked on
private or public property that is not associated with the business
advertised on said sign(s). This provision is not to be construed as
prohibiting the identcation of a firm or its principal products on a vehicle
used in thenormal course of business. This doesnot includeautomobile
for sale signs or.signsattached to franchised 6uses or taxis;
7: Private signs placed in or on a publicright-of-way, except for
as expressly permitted by this.chapter;
8. Any sign which constitutes a traffc hazard or detriment to
traffc safety by reason of its size, location, movement, coloring, or method
of illumination, or by obstructing the vision of drivers, or detracfing from
4tie visibility of anyofficial fraffic control device by diverting ortending to
divert the attention of drivers of moving vehicles from trafficmovement on
streets, roads, intersections, or accessfacilities. No signshall be erected
so that it obstructs the vision of pedestrians by glare or method of
illumination or constifutes a hazard to traffic. Nosign may use words,
phrases, symbols or characters in such a manner as to irrterferewith,
mislead, or confuse traffc;
9. Any sign or adVertising structure ar supporting structure that
is torn, damaged, defaced ordestroyed;
10. Signs attached to poles installed bygovernmental agencies,
utility poles,lrees, rocks or other natural features;
11. Signsattached to benches, garbagecans, or otherstreet
fumiture located within 4he publiaright-of-way;
12. Rotating signs;
13. Billboards;
14. Any sign whichdoes not structurally or materially conformto
therequirements of the ciry's adoptedInternationalBuilding Code.
J.Nonconforming $igns. Permanent signs established legally
prior to the adopGon of fhe ordinance codfied in this chapter that do not
conform to the regulations of this chapter with regard to number, size,
Ordinance No. 6403
February 13, 2012
Page 23 of 26
ORD.B
heightor location shallbe allowed to remainaslegal nonconfortning signs
except as follows:
1. Whenever a new building replaces the principal building.
2. When there is an expansion of an exisfingbuilding, the
requirements of thissection shall apply only if there is an increase in floor
area of 25 percent or more (includingthecumulatiqe increase of previous
expansions after the effectivedate ofi theordinance amending this
section).
3. Whenever a nonconforming use is replaced by a conforming
use, the requirements of`this section shall apply in full tothe new use if
and only if there is a change in required signage due to thezoning district.
4. Any sign, including the sign §tructure, now or hereafter
existing which no longer advertises a bona fide business conducted or a
product sold. Such sign(s) shallbe takendown andremoved by the
owner, agent or person having the beneficialuse of the land, building or
structure upon which such sign may be found v ithin 90 days after written
not cation frbm the building official.
K. Master Sign Plans Authorized. Theplanning, building and
community director has theauthorityto require a master sign plan to
ensure a consistent and coordinatedsignage scheme for development
proposals. In approving rriaster sign plans underthe provisionsof this
subsection, the director has 4he authority to approvesignage schemes
that allow for signs greater in area and heightthan allowed in the
particular zone in which the development is located when a coordinated
signage scheme is used. Master signage plans shallbe recorded.
L. Maintenance and Safety. All permanent, temporary and
portable signs and components thereof must be maintained in good repair
and in a safe, neat; clean and attractive condition. Failure to maintain a
sign(s) in accordance with this subsection shall be subject tothecode
compliance provisions of the Aubum City Cotle. (Ord. 6353 § 6, 2011;
Ord. 6327 § 6, 2010; Ord. 6287 § 2, 2010; Ord. 6263 § 6, 2009; Ord. 6166
2, 2008; Ord..5993 § 1, 2U06; Ord. 5342 § 2, 2000; Ord. 4705 § 2, 1994;
Ord. 4229§ 2, 1987.)
Section 7: Extension of Time. In its del'iberations on thetext of
Ordinance No. 6263, the City of Aubum Planning Commissionconsidered and
recommended to the City Council that theCouncil consider up to two six month
extensions ofthe provisions of this Ordinance, should economic conditions
warrant such extensions. The Planning Commissionacknowledged that the
extension of time is procedural and that no further Planning Commission action is
Ordinance Na 6403
February 13, 2012
Page 24 of 26
ORD.B
requiredbefore City Council enactrnent of such extensions.The onlychanges in
the text of this Ordinance from the text of Ordinance Numbers 6263, 6327 and
6353, and this Ordinance Number 6397, are the changes in the effective dates
set forth therein.
Section 8. Imalementation. TheMayor is hereby authorized to
implemeMsuchadministrative procedures as may be necessary tocarry outthe
directions ofthis legislation.
Section 9. Severabilitv. Theprovisions of this ordinance are
declared to be separate and severable. Theinvalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, ortheinvalidity of the
application thereof toany person or circumstance shall not affectthe validity of
the remainder of this ordinance, or 4he validity of its applica4ion to other persons
or circumstances.
Section 10. fffective date. This OMinance, amending the effective
dates of Ordinance No. 6263, shall take effect and be in force fivedays from and
after its passage, approval and publication as providedby law.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
ATTEST:
PETER B. LEWIS
MAYOR
Danielle E. Daskam, City Clerk
Ordinance No. 6403
February 13, 2012
Page25 of 26
ORD.B
i4PPROVEDAS TO FORM:
aniel B. Heid, CityAttome
Published:
Ordinance No. 6403
February 13, 2012
Page 26 of 26
ORD.B
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4793
Date:
February 14, 2012
Department:
Planning and Development
Attachments:
Resolution No. 4793
Budget Impact:
$0
Administrative Recommendation:
Request City Council review and approve Resolution No. 4793 - City of Auburn Small
Business Development Assistance Program.
Background Summary:
Resolution No. 4793 proposes a new economic development pilot program called City of
Auburn Small Business Development Assistance that is intended to help small
businesses with 20 or fewer full time equivalent (FTE) employees start, move or relocate
in the City of Auburn. The primary purpose of the draft resolution is to encourage more
small businesses in the City of Auburn by reducing the costs of certain City of Auburn
permits and approvals through the application of different fee rates computed at 50
percent of the regular fee rates. Many businesses are still dealing with the effects of the
economic recession that includes reduced or restricted access to financing. As such,
costs such as fees for permits and approvals from the City of Auburn can make it very
difficult to start, move or relocate small businesses in or to the City of Auburn. The Small
Business Development Assistance Pilot Program offers the opportunity for the City to
promote small business activity in the City by reducing "costs of entry" and allowing
more money to be spent on business activities to help small businesses in the City
succeed.
Resolution No. 4793 is a next step in the City's efforts to support business development,
recruitment and retention. Previous efforts have included the Council's passages of
Ordinance No. 6341 that deferred impact fees and system development charges for
residential and non-residential development and Ordinance No. 6342 that established
construction sales tax exemption for construction or redevelopment or expansion of
certain types of commercial buildings in the Downtown Urban Center (DUC), Heavy
Commercial (C3) and Mixed Use Commercial (C4) zoning districts. In addition, the City
Council approved Ordinance No. 6376 that expanded on Ordinance No. 6342 through
enhanced construction sales tax exemption opportunities in the Downtown Urban
Center, Environmental Park (EP) District, Light Industrial (M-1) and Heavy Industrial (M-
AUBURN * MORE THAN YOU IMAGINEDRES.A
2) zoning districts.
The City of Auburn Small Business Development Assistance Pilot Program would be
available to not only small businesses relocating from one location to another in the City,
but also to small businesses that are starting or wanting to relocate to the City. Staff
researched existing business license data for the City of Auburn and determined that the
average employee size among its 3,800 businesses is approximately 20 employees. The
Resolution proposes that there will be no charge for participation in the Pilot Program for
eligible businesses.
The Resolution proposes that the Planning and Development Department will administer
the Small Business Development Assistance Pilot Program. It also proposes that the
Planning and Development Department, Finance Department and City Attorney's Office
will work together to establish policies and procedures, application forms and financial
accounting and tracking methods necessary to support the implementation and
operation of the Small Business Development Assistance Pilot Program.
Reviewed by Council Committees:
Planning And Community Development Other: Legal
Councilmember:Backus Staff:Snyder
Meeting Date:February 21, 2012 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A
RE$OLUTION NO. 4 7 9 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON ESTABUSHING THE CITY OF
AUBURN SM,4LL BUSINES$DEVELOPMENT
ASSISTANCE PILOTPROGRAM ANDAUTHORIZING
MODIFICATIONSSPECIFIED HEREIN OF THE CITY OF
AUBURN FEE SCHEDULE — FEESFOR CITY PERMITS
AND ACTIONS
WHEREAS, the Small Business Administration identifiesthat small businesses
employ fialf of all private sector employees, pay approximately 44 percent oftotal
United' Statesprivate payroll ancl generatedapproximately 65 percent of net new jobs
between 1990 and2007; and,
WHEREAS, there are 3,800 Iicensed business operations in the City ofiAubum
with a substantial majority of themmeetingthedefinition of a small businesses; and,
VVHEREAS, there are limited resources availablewithin the City of Auburn to
help small businesses, most specifically, the Green River Community College Small
Busin_e.ss Center (SBAC) that is designed to provide technicalassistance to small
businesses with assessment services, referral services; business counseling at no
charge, and hands-on training to small businessownersandmanagers; and,
WHEREAS, the costs of startingormovingor expanding a small business can
be extensive and may require the building or remodeling of structures and associated
siteimprovements that may make it financially diffcult for these businesses to start or
move or expand; and,
WHEREAS, the City of Auburn City Council has previously enacted measures to
support business development efforts including butnot limited to thedeferral of impact
fees and system development charges and the exemption from construction salestax
for certainbusiness types; and,
WHEREAS, the City of Auburn City Council believes that because of the effects
of the economic recession it hasbecomeevenmore difficult for smallbusinesses to
start or move or expand in theCity of Aubum and particularly those small businesses
with 20 or fewer employees; and,
WHEREAS, the City of Aubum CityCouncil has previously established the City
of Auburn Fee Schedule-Fees for CityPermits and Actions establishing fees for City
permits including but not limited to fees for buildingplan review, buildinginspection,
administrative use review, conditional use review, boundary line adjustment review,
Resolution'No. 4793
January 17,2012
Page 1
RES.A
boundary line elimination review; critical areas review, floodplaindevelopment permit
review, environmental review, sign permit review, publia noticing, pre-application
meeting, civilplan review fee and civil plan inspection; and,
WHEREAS, the City of Aubum City Councildesires to establish a pilot program
to help reduce the City's permitting and approvalcosts for small businesses having 20
or fewer employees wanting to start or move orexpand in Aubum to encourage more
smallbusinesses in theCity of Auburn.
NOW THEREFORE, IN LIGHT OF THE ABOVE FINDINGS, THECITY
GOUNCIL OF' THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as
follows
Section 1. That the Aubum City Council au#horizesthe establishment of the
City of Aubum Small Business DevelopmentAssistance PilotProgram.
Section 2. That the City of Auburn Small Business DevelopmentAssistance
Pilof Rrogramshall be in effect for the period February 22, 2012 throughDecember 31;
2013.
Section 3. That eligible businesses for the City ofAubum Small Business
DevelopmentAssistance Program shall onlyconsist of the following, unless modifiedby
theCity Councilthrough future and separate resolufionaction:
a. A proposed new business with 20 or fewer full-time equivalent (FTE)
employees attime of application to the City operating withinthe municipal
limits of the City of Auburn withan approved business license and no
outstanding code compliance issues.
b. Anexisting business with 20or fewer full-time equivalent (FTE) employees at
time of application to the City currently operating within the municipal limits of
theCity of Aubum "with an approvedbusiness license and no outstanding
code compliance issues that wants to move and expand from one location in
the City to another, Expansionmust include an increase in total square
footage of businessoperations or an increase in the total number of
employees or both.
c. An existing businesswith 20 orfewer full-time,equivalent (FTE) employees at
ime of application to the City not currently operatingwithin the municipal
limitsof the City of Auburn that wants to move into theCity and expandfrom
its cunent location outside of'the City. Expansion must include an increase in
total squarefootage of business operations or an increase in the total number
of employees or both.
Resolution No. 4793
January 17, 2012
Page 2
RES.A
d. The Planning Director shallbe authorized to grant up to a ten (10) percent
variance to tfie eligibiliryrequirement of 20 or fewer full-time equivalenY(FTE)
employees for a business upon his/her determination that granting of this
variance will substantively contribute to the City's economic base.
Section 4. That businesses deemed eligi6le shall be entitled to a separate fee
rate computed at fifty (50) percent of required and applicable fees for buildingplan
review; bu'ilding inspection, administrative use review, conditional use review, boundary
line adjustrnent review, boundary line elimination review, critical areas review, floodplain
development permit review, environmentalreview, sign permit review, public noticing,
pre-application meeting; civilplan review fee andcivilplan inspection, spec ed in the
most cuRent City of Aubum Fee Schedule — Fees for City Permits and Actions, as may
be mod ed in the future. There shall beno discount authorized through eligibility for
payment:of anyrequired impactfees or system development charges authorized under
Aubum City Gode. There shall be no discount authorized through eligibility for payment
of the City's required business license fees. There shall be no discount authorized
througheligibility of any fees adopted by the Valley RegionalFire Authority and
implemented by the.City of Aubum.
Section 5. That there shall be no feeor other administrative costs for
participation in the Small BusinessDevelopment Assistance Pilot Program for eligible
businesses.
Section 6. That only those businesses meeting eligibility and program
requirements and demonstrating compliance to applicable zoningand development
standards specified in the current Aubum City Code as may be amended will be entitled
to receive the aforementioned discount.
Section 7. That only those businesses that are deemed by the Ciry to be of a
commercial or indusVial 6usiness natureshall be eligible for the aforementioned
discount, provided that businesses operating as a valid and authorized home
occupation pursuant to the Chapter 18.60 (HomeOccupations) ofithe Aubum CityCode
shall notbeeligible for participation in thePilotProgram.
Section 8. That all required licenses, permits and approvals from the City of
Aubum or regional or state or federal agencies must be applied for, obtained and
provided 4o the City of Aubum, as applicable in orderto maintain eligibility.
Section 9. That the Mayor shall direct the Planning and Development
Department to administer the Small BusinessDevelopmerrt Assistance PilotProgram.
Section 10. That the Mayor shall direct the Planning andDevelopment
Department, Finance Department and City Attomey's Office to establishpolicies and
Resolution No. 4793
January 17, 2012
Page 3
RES.A
procedures, application forms and financialaccounting and trackingmethods necessary
to support the implementation andoperationofthe Small BusinessDevelopment
AssistancePilot Program.
Section 11. . That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this day of 2012.
CITY OF AUBURN
PETER B. LEWIS,
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED' S TO FORM:
r
D._ i B. H .
City Attorney
Resolution No.4793
January 17, 2012
Page 4
RES.A
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4802
Date:
February 14, 2012
Department:
Police
Attachments:
Resolution No. 4802 with Interlocal
Agreement
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4802.
Background Summary:
For several years the cities of Auburn, Federal Way, Kent, Renton and Tukwila along
with the Port of Seattle have partnered to provide a special response team. The City of
Des Moines joined in 2007 and no longer wishes to participate. Therefore, the interlocal
agreement needs to be amended to reflect the changes in participation and name.
O1.11
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Peloza Staff:Lee
Meeting Date:February 21, 2012 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINEDRES.B
RE$OI.UTION N0. 4 80 2
ARESOLUTION OF ThIE GITY COUNCIL OF THECITY OF
AUBURN;WASHINGTON,APPROVING AND
AUTHORIZING THE AMENDED INTERLOCAL
COOPERATIONAGREEMENT REGARDING THE VALLEY
SPECIAL WEAPONS AND TACTIGS TEAM (FORMERLY
VALLEYSPECIAL RESPONSETEAM)
WHEREAS, the cities of Aubum, Federal Way, Kent, Renton and Tukwila, have,
for some years, operated, together with the Port of Seattle to respondtospecial -
response team needs and in instances requiring a tactical response; and
WHEREAS, in 2007the City of Des Moines joined with the other municipalities
and became a partner vvith them in the operational agreementfor these responseteam
issues; and
WHEREAS, the City of Des Moines no longer wishes to partner with the other
municipalities and it is appropriatetherefore to amend the agreement betweenthe
parties to remove the City of Des Moines as a VSWAT Member andto modify other
provisions that are warranted.
NOW, THEREFORE, THE CITY COUNCIL OF THECITY OF AUBURN,
HEREBYRESOLVES as follows:
Section 1. That the Irrterlocal Cooperation Agreement between the cities of
Aubum, Federal Way, Kent, Renton, Tukwila and the Port of Seattle for the Creation of
the Valley Special Weapons and Tactics Team, which agreement shallbe in substantial
conformity tothe copywhich is attached hereto, is approved and the Mayor and City
Clerk are authorized to execute thesame on behalf of theCity ofAubum.
ResoluGon No. 4802
February2, 2012
Page 1 of 2
RES.B
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry outthe directives of this legislation.
Section 3. Thatthis Resolution shalltake effect and be in full force upon
passage and signatures hereon.
Dated and Signed this day of 2012.
CITY OF AUBURN
PETER B. LEWIS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED ATO FORM:
Daniel B:Heid, City Attome
Resolution No. 4802.
Febniary 2, 2012
Page 2 of 2
RES.B
T ..._. .
1'. C
I
CAG-10-160
INTERLOCALCOOPERATIVEAGREEMENTBETWEEN AUBURN,
FEDERALWAY, KENT, RENTON, TUKWILA, AND THE P RT OF
SEATTLE; FORCREATION OF THE
VALLEYSPfCIAL WEAPONS AND TACTICS
TEAM
I. PARTIES
Theparties to this Agreemenf are the Portof Seattle and the municipalities of Auburn,
Federal Way, Kent, Renton, and Tukwila, each of which is a municipal corporation
operating under the lawsof the Stateof Washington:
II. AUTHORITY
This Agreement is entered into pursuant to Chapters 10.93, 39.34, and 53.08 of the
Revised.Code of Washington.
III. PURPOSE '
The parties hereto desire to establish and maintain a multi:jurisdictionalSWAT Team to
effectively respond to high risk criminal occurrences as describedbelow.
IV. FORMATION.
There is hereby created a multi;jurisdictional Team to be hereafter known as the I
Valley SpeciaiWeapons and Tactics Team" ("VSWAT'); the members of which shall
be the Port of Seattle, and the cities of Auburn, Federal Way, Kent, Renton, and ,
Tukwila. TheSWAT Team hasbeen in existence forsome time, and this AgreemenG is
being re-entered into in order to remove theCityof Des Moines as, a SWAT Team
memtiec Thefutureadmission or elimination of a jurisdiction as a membec of the
SWAT Team may be accomplished by an addendum tothis agCeement.
V. STATEMENT OF.PROBLEM
King Couniy and the municipalities within the .Puget Sound area have experienced
inc easingly violent.criminal confrontations due to, among otherreasons, increased
gang activity; increased .drugabuse, distribution, and rrranufacturing; increased
urbanization; and increased population densities. The abilityto safely control, contain,
and resolve high risk criminal incidents such as civil disobedience, barricaded subjects,
ho§tagesituations;. gang memberarrests, high risk felony arrests, and narcotic orhigh
risk seafch warrants has strained the resources of the members' individual police
departments.
VnLLEYSWATTEAp.108-19•?OIC
TERLUCH?3REEMcN7 Page I
RES.B
i
Law enforcement efforts directed at dealing with these high risk crim nal incidents have,
for the most part, been conducted by'Iaw enforcement agen ies work'rng independently.
A inulti jurisdictional effoRto handlespecific high risk criminal incidents, as weiF as
incidents involving weaponsof mass destruction, results in moreeffective pooling of
personnel, improved utilizationof-municipalfunds, reduced duplicationof equipment,
improved training, development of specialized expertise, and increased
utilization/application of a combined specialresponse team. This results in improved
services for the citizens ofall participatingjurisdictions, increased safety for officers
and the community, and improved costeffectiveness.
YI:, TEAM OBJECTIVES
The individualspecialty units from each participating jurisdiction will be consolidated.
and combined to form the VSWAT Team. The SWAT Team shall service each
participating jurisdiction. The VSWAT Team may also be auailable to outside law
enforcement agencies as provided by chapter10.93 RCW.
The objective of the VSWATTeam is to respond to specific high risk criminal incidents
in a manner that provides for theeffective use of personnel, equipment, funds, and
training. The VSWAT Teamshall respond as requestedby any ofthe participating
Jurisdictions and provide a coordinated response to liigh-risk incidents. As special
needs arise, it may be necessary to request from other law`enforcement. ac,encies
assistance and/or personnel, at the discretion of the VSWAT Team incident
Commander andlor the VSWAT Team Tactical Commander.
VII. DURATION AND TERMINATION
The minimum term ofthis Agreement shall be one (1) yeac, effective upon its adoption.
ThisAgreement shall automatically extend forconsecutive one (1) yearterms without
action of the legislative bodies. of the padicipating jurisdictions, unless and until
terminated pursuant to the ierms of this Agreement.
A jurisdiction may withdraw its participation in the VSWAT Team by providing written
notice ofits withdrawal, and serving such notice upon each Executive Board member of.
the remaining jurisdictions. A notice of withdrawal shalF become effective ninety (90)
days after serviceof the notice on alf participating members.
The VSWAT Team may be terminated by a majority vote oftheExecutive Board. Any
vote for termination shall occur only when the police chief ofeach participating
jurisdiction is present at the meeting in which such vofe is taken.
VIII. GOVERNANCf
The affairs of the Team shall be governed by an Executive 8oard ("Board°), whose
membersare composed of the police chief,.or his/her designee, from each participating
Jurisdiction. Each member of the Baard' shall have an equal vote and voice on all
Board decisions. All Board decisions shall be made by a majority vote of the Board .
VALLEYSWATTEAM08-19-2070
INTERIOCALAGREEMENT aga?
RES.B
members, or their designees, appearing at the meeting in which the decision is made.
A majority ofBoard members, or their designees, must be present ateach meeting for
any actions taken tobe valid. A presiding officer shall be elected by the Board together
with suchother officers as a majority ofthe Boa d may decide.
The Board shall meetmonthly, unless otherwise determined by the Board. The
presiding offcer, or any Board member, may call eictra meetings as deemed
appropriate. The presiding officer shall provide rto less than forty-eight (48) hours
noticeofall meetings to all members of the Board; PROVIDED, however, that in
emergencysituations, thepresiding officer mayconduct a teleptionicmeeting or a poll
of individual Board members to resolve any issuesrelated tosuch emergency.
The policies, regulations, and operational procedures in effect pursuant to the previous
interlocaC agreement shall be irr effect without action of 4he Boardand until such time as
they are subsequently altered by the Board. The VSWAT Teamwritten policies,
regulations, and operational procedures shall appiy fo ali VSWAT Teamoperations.
Thus, to the extent that the wtitten policies, regulations,.and operational procedures of
the VSWAT Team conflict with the policies, regulations, and operationa4 procedures of
the individual jurisdiction5, the VSINAT Team written policies, regulations, and
procedures shall prevail.
IX. STAFF
A TacticalCommander, .whichshall be a cornmand' level officer, shall be appointed
annually by the Board toact.as the principal liaison.and facilitator between theBoard
and the members of theVSWATTeam. The TacEical Commander shall operate under
the direction of thepresiding officer of the Board. The Tactical Commander shall be
responsible.forinformingthe Board on all matters elating tothe function, expenditures,
accomplishments, training, number of calis that theVSWAT Teamresponds to,
problems of the VSWAT Team, and any othermatter as 7equestedbythe Board. The
Tactical Commander mayberemoved by actionof the Boardat anytime and for any
reason, with or without cause.
The Tactical Commander shall preparemonthly writfen repo ts to .ths Board on the
actions, progress, and finances of the VSWA'f Team. In addition, the Tactical
Commander shall be responsible for presenting rules, procedures, regulations, and
cevision's thereto for Board approval.
Each jurisdiction shall contribute six {6) full-time commissioned officers, which shall
include at least one (1.) Sergeant or otherfirst level supervisor, to. be assigned tothe
VSWAT Team. Boardapprovalmust be obtained for the jurisdiction to assign less than
this staffing requirement. The personnel assigned to tHe VSWAT Team shall be
considered employees of the contributing jurisdiction. The contributingjurisdiction shall
be solely and exciusively responsible for the cornpensation and benefits for the
personnel it contributes to the VSWAT Team. All rights, duties, and obligations of the
employer and the .employee shall remain with the conttibuting jurisdiction. Each
jurisdiction shall be responsible for ensuring compliance with all applicabfe laws with
VALLEY SYIAT TFAM OB-19-2010
INTER!OCAI AGREEMENT Page 3
RES.B
regard to employees and with provisions of any applicabie collective bargaining
agreements and civil service cules and reguletions.
The Boartl may appoint the fnance department of a,participating jurisdiction to manage
the finances of the VSWAT Team. B'efore appointing the finance department of a
particular jurisdiction tomanage the finances of fhe VSWATTeam, the.Board sha l
consult with the finance department nf the jurisdiction and'obtain its approval. Theduty
of managing the financesof the VSWAT Team shall be.rotated to other participating
ju isdictions at the discretion of the Board.
The Board may, atits discretion, appoint one (1) ormore Iegai advisorsto advise the
Board on legal issues affecting the VSWAT Team. The legal advisor(s) shall, when •
appropciate or when requested tiy the Board, consult with the legal representatives of
all participeting jurisdictions before rendering legal advice.
X. COMMAND AND CONTROL
During field activation of the VSWATTeam, an Incident 6o.mmander, VSWAT Team
Tactical Commander, and VSWATTeamTeam Leader(s) wili be designated. The
duties and procedures tobe utilized by the Incident Commander, the VSWAT Team
Tactical Commander, and the VSWATTeamTeam Leader(s) shall besetforth in the
standard operating procedures approved by the Board. The standard operating
procedures approved by theboard may designate otherpersonnel tobe utilized during
an incident.
XI. EQUIPMENT, TRAINING, AND BUDGET
Each participating jurisdiction shall acquirethe equipment of its participating VSWAT
Team members. Each participating jurisdiction shall provide sufficient funds to update,
replace, repair, and maintain the equipment and supplies utilized by its participating
VSWAT Team members. Each participatingjucisdiction shall providesufficient funds to
provide fortraining ofits participating VSWAT Team members.
The equipment, supplies, and training provided by each jurisdiction to its personnel
participating in the VSWAT Team shall, unless otherwise determined by the Board, be
equal to those provided by theother participating jurisdictions.
Each member jurisdiction shall maintain an independentbudget system to account for
funds allocated and expended by its participating VSWATTeammembers.
The Boardmust approve anyjoint capital experlditure for VSWAT Team equipment.
XiL DISTRIBUTION OF ASSETS UPON TERMINATION
Termination shall be in accordance with those procedu es set forth in prior sections.
Each participating jurisdiction shall retain sole ownership of equipment purchased and
provided to its participating VSWAT Team members.
VALLEYSWATTEAM1q08•19•2010
iNTERLOCAL 4GREEbIENT. PaF7e'
RES.B
Any assetsacquired with joint funds of the VSWAT Team shall be equally divided
among theparticipatingjurisdictions at the asseYs fair market value upontermination.
The value of the assetsof the VSWATTeam shail 6e determined by using commonly
accepted methods of valua4ion. If two (2) or more participating jurisdictfons desire an
asset, the final decision shall be made by arbitration (described below). Any property
not claimedshall be declaced surplus by the Board and disposed of pursuant to state ,
law for the disposi4ion of surplus property. The proceedsfrom the sale or disposition of
any VSWAT Tearti property, after payment of any and all costs of saleor debts of 1he
agency, shail be equally distributed.to those jurisdictions participating in the VSWAT
Team at the time of dissolution in proportion. to the jurisdiction's percentage
participation in the VSWAT Team as of the date of dissolution. In the event lhat one:
1) or more jurisdictions terminate their participation in the VSWAT Team, but tlie
VSWAT Teamcontinues to exist, the jurisdiction 4erminating participation shall be
deemed to havewaived any right or title to anyprop2rty owned by the VSWAT Team or
to share in the proceeds at the time of dissolution.
Arbitration pursuant to this section shall occur as follows: ,
i
A. Thejurisdictionsin#erested in an asset shall select one (1) person
Arbitrator) to determinewhich agency will receivetheproperty. If the
jurisdictions cannot agree to an_ Arbitrator, the chiefs of the jurisdictions
participating in the VSWATTeam upon dissolution shall meet to
determine who the Arbitrator will be. The Arbitrator may be any person
no4 employed by the jurisdictions that desire the property.
B. During a meeting with the Arbitrator, each jurisdiction interested in the
property shall be permitted to make an oral and/or writtenpresentation to
theArbitrator in suppoR of its position.
C. At the conclusion of She presentation, the Arbitrator shall determine which
jurisdiction is to receive the property. The decision of theArbitrator shall
be final and shall not be the subject of appeal orreview.
XIII. IIABILITY, HOLD HARMLESS, AND INDEMNIFICATION
it isth.e intentof the participating jurisdictions to provide.services of the VSWAT Team
without the threatof being subject to liability to one another and to fully cooperate in
the defense of any claims or lawsuits arising outof or connected with VSWAT Team
actions that are brought against the jurisdictions. To this end, theparticipating
jurisdictions agree to equally share responsibility amd liability for the acts oromissions
of theirparticipating personnel when acting in furtherance ofithis Agreement. In the
event that an action is brought against any of the participating jurisdictions, each
jurisdiction shall be responsible for an equal share of any award for or settlement of
claimsof damages, fines, fees, or costs, regardless ofiwhich jurisdiction oremployee
the action is taken against or which jurisdiction or employee is ultimately responsible
for the conduct. Th jurisdictions shall share equally regardless of.the number of
jurisdictions named in the lawsuit or claim or the number of officers from each ,
l'ALLEY SWAT TEAM 08-132010
IN7ERLOCALAGREEMENT ' Page?
RES.B
jurisdiction named in the lawsuit or ciaim. This sectionshali be subject to the
conditions and limitationsset f6rth in subsections A through G below.
A. Jurisdiction Not Involved In VSWATTeamResoonse. In the event that a
jurisdiction or its personnel were not involved in theVSWAT Team
response to the incident thaf gives.nse to a claim or lawsuit, and judgment
on the daim or lawsuit doe5 not, in any manner, implicate the acts of a,
pa ticular jurisdiction or its personnel, such jurisdiction shall not be
required to share responsibility for the payment of the judgment or award.
B. IntentionalivWronaful Conduct Bevond the Scooe of Emolovment:
Nothingherein shall require, or be interpretedtorequire indemnific tion
or sharing in the payment of any judgment against anyVSWAT Team
personnel for intentionally wrongful conduct that is outside of the scope of
employment of any individualor for any judgment of punitive darriages
againstany individual or jurisdiction. Payment of anyaward for punitive
damagesshall be the sole responsibility. of the person or jurisdiction that
employs the person against whomsuch award is rendered.
C. CollectiveReoresentation and Defense: The Junsdictions mayretain joint
legal counsel fo collectively represent and clefend the jurisdictions in any
legal action. Those jurisdictions retaining joint counsel shall share
equally the costsof such representation or defense.
In the event a jurisdiction does not agree to joint representation, the
jurisdiction shall be solelyresponsible for all attorneysfees accrued by its
individual representation or defense:
The jurisdictions and their respectivedefense counsel shall make a good
faith attempt to cooperate with other participating jurisdictions by,
including butnot limited to, providing all documentation requested, and
making VSWATTeam members available for depositions, discovery,
settlementconferences, strategy meetings; and trial.
D. Removal From -Lawsuit. In the event a jurisdiction. oremployee is
successful in withdrawing orremoving the jurisdiction or empioyee.from a
lawsuit by summary judgment, quaiified immunity, or otherwise, the
jurisdictiori shall nonetheless be required to pay its equal shareof any
award for or settlemen4of 3he lawsuit; PROVIDED, liowever, that in the
event a jurisdiction or employee is removed from the lawsuit and
subsection (A) of this section is satisfied, the .jurisdiction shall not be
required to pay anyshare of 4he award or settlement.
E. Settlement Process. It is the intent of this Agreement that the jurisdictions .
act in goodfeith on behalf o'F each other in conducting settlement .
negotiations on liability claims or lawsuits.so that, wheneve possible, all
parties agree with tfie settlement or, in the alternative, agree toproceed
to trial. In the event a claim or lawsuit requires the sharing of liability, no
VALLEY SWAT TEAM 0&19-2010
iNTERLOCAL AGkEEh7ENT Po9
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individual jurisdiction shall be authorized 10 enter into a settlement
agreement with a claimant or plaintiff unless all jurisdictions agree with
the terms of the settlement. Anysettlement made by an individual
jurisdiction witfiout the agreement ofthe remaining jurisdictions, when
required, shall not relieve the settling junsdidion from paying an equal
share ofanyfinal settlement or_award.
F. Defense Waiver. This section shall not be interpreted towaive any
defense arising out ofRCW Title 51.
G. insurance. The failure of any insurance caRier or seif-insured pooling
organization to agree to or follow the terms of this section shali not relieve
any individual junsdiction from its obligationsunder this Agreement:
XIV. NOTICE OF CLAIMS, LAVIISUITS, AND SEl°TLEMENTS
In the event a claim is filed or lawsuit is brought against a participatingjurisdiction or its
employees for actions arising outof their conduct in suppnrt ofi VSWAT Team
operations, the jurisdiction shall promptly notify theother jurisdictions that the claim or
lawsuit hasbeen initiated. Any documentatiore, including theclaim or legal complaints,
shall promptly be provided to each participating jurisdiction.
Any jurisdiction or member who believes or knows that another jurisdiction would be
iiable for a claim, settlement, or judgment that arises f om a VSWAT Team action or
operation, shallhave the burden of notifying each participating jurisdiction of all claims,
lawsui#s, settlements, or,demandsmadetothat jurisdiction. In theevent a participating
jurisdiction has a right, pursuant to sec4ion XIII of fhfs Agreement, to be defended and
held harmless by another participatingjurisdiction, the,jurisdiction havingthe right to be
defended and held harmless shall promptly tenderthe defense of such claim or lawsuit
to the jurisdictionthat must defend and hold the ofher harmless.
XV. PROCESSING OF CLAIMS.
A. Designation of Lead Jurisdiction.
There shall bea lead jurisdiction #or processing a claim that is filed with
and against cities fo[ alleged damages and injuries that occur as a result
of VSWAT Team ac#ivities. The lead_jurisdiction shall be the jurisdiction
within which the VSWAT Teamresponse occurred; PROVIDED; that in
the event the jurisdiction within which the VSWAT Team response
occurred did not padicipate in the VSWAT Team response, the lead •
jurisdiction shall be the jurisdiction within which the incident that required
the VSWAT Team response originated. In,the event that a jurisdiction
that wasnot involved 'in the VSWAT Team.respqnse receives the claim,
thal jurisdiction shall notify the. other jurisdictions in accordance with
Section XIV of this Agreement, and shall use its best efForts to determine
who is the appropriafe lead jurisdiction.
VALLEI'SWAT TEAM 08 IS2010
INTERLOCAL AGREEAIENT Pege 7
RES.B
B. Assistance of Tactical Commander.
The VSWAT TeamTactical Commander shall_ assist the lead jurisdiction
in responding to a claim. TheVSWAT Team Tactiql Commandershall .
beresponsible for gathering all records relafing io the VSWAT Team
response. These cecords shallinclude, but arenot limited to, incident
reports, notes, transcripts, photos, evidence logs, recorded statements,
documentsfrom eme gency dispatch centers, and warrants fromall
jurisdictionsthat participated in the VSWAT Team response. TheTactical
Commandershall alsoprovide a Ilst of personnel who participated in the
response and their contact.information. The Tactical Commander shall
deliver all copies of the records to the lead jurisdiction promptly upon
request.
C. Claims of $5,000 or Less.
i.Lead Jurisdiction Responsibilities.
Thelead juFisdiction shall be responsibie fpr working with ttie
TacticalCommander to gatherrecords relating to theVSWAT
Team response. The lead jurisdiction shall provide recordsto its .
insurance provider andshall assist its insurance provide im
assessing liability for acts associatedwiththe claim. 7he lead
jurisdiction_shall notify the other jurisdictions ofany determinations
as to liability. . In determining whe4her a claim should be paid, the
lead jurisdiction arid its insurance provider shall, at a minimum,
consider the potentia legal defenses tothe claim and the costs of
defendinJthe claim.
ii. Liability Determination —Apportionment of Damages. .
The lead jurisdiction, with the assistance ofits insurance provider
and risk manager, shall. determine whether the .VSWAT Team is
liable for damages setforth in a claim, and whether the payment of
the claim would be in, the best inteest of the jurisdictions and/or
the VSWAT Team. In the eventthe lead jurisdiction determines
that payment of a claim is appropriate, such deterfnination shall be
final and binding :upon other jurisdictions and payment shallbe
apportioned equally among all jurisdictions thatparticipated in the
VSWAT. Team response. The insurance provider for the lead
jurisdiction shall provide fuli payment to the claimant, and each
jurisdictionthat. parficipated in the responseshall reimburse the
insurance provider for its equal sha e of such payment.:
Prior to the payment of any claim, and as a condition of .such
payment, theinsurance provider p oviding payment shall obtain
from theclaimant a.complete and iotal release of liability on behalf
ofall jurisdictions participating in the VSWATTeam and each and
every officer, agent, or volunteer of those participating jurisdictions.
fALLEYSWATTEAM08-742010
INTERLOCALAOREEMEN7 Paga$
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In the event the lead jurisdiction determines that the VSWAT Team
is not7iable for damages set forth in a claim or thaf the payment of
the claim would not be in the best interest of the jurisdictions
and/ortheVSWA'f Team, the lead jurisdiction shalinotify the other
jurisdictions of the determination, and such determination shall be
binding on fhe other jurisdictions; PROVIDED, . that another
jurisdictionthat determines that payment is appropriate may pay
such' ciaim in full, and shail notseek reimbursement from the other
participatingjurisdictions.
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iii. Letter From Insurance Adjusters.
In the evenf a lead jurisdiction, in conjunction with its ihsurance
provider, determines that paymentof a ciaim is appropriate, the
insurance provider shall provide each of the participating
jurisdictions with a leiter stating the determination and the bases
forsuch defermination.
D. Claims over$5,000.
i.Lead Jurisdiction Responsibilities.
The lead jurisdiction shall schedule a meetingwith all jurisdictions
participa4ing in the VSWAT :Team to discuss the ciaim and to
detertnine the appropriate manner in which to respond and/or
defend the claim. The Boardand persons listed in Section XVII of
this Agreement shail be notifiedof themeeting.
XVI. PROCESSING OF LAWSUITS.
A. Noti cation to OtherJurisdictions.
In the event a jurisdiction is served with a lawsuit, thatjurisdiction shall
provide notice and documentation of the lawsuit toeachof the other,
jurisdictions in accordance with Section XIV of this Agreement.
B. Coordination of Initial Meeting.
The jurisdiction that inifially receives a lawsuit shall schedule a meeting
with all of the jurisdictions participating in the VSWAT Team to discuss
fhe tawsuit andto determine the appropriate manner within which to
respond andJor defend the lawsuit. The Board and persons listed in
Section XVII of this Agreement shall be notified of the meeting.
XVII. NOTIFICATION OF CLAIMS AND LAWSUITS.
SectionXIV of fhis Agreement requires that fhe jurisdicfion receiving a claim or
lawsuit notify the othec jurisdictions of the claim or lawsuit and provide
documentation of that claim orlawsuit to fhe otherjunsdictions. Nothing in this
Agreement shall be deemed a waiver by any participating jurisdiction of the
VALLEYSWATTEAMOS-14-201
IIVTcRLt CAL AGREEMcNT Page y
RES.B
requirements set forth 'in Chapter 4.96 RCW, and the fact that a participating
jurisdiction provides notice or copies of a ctaim to anotherjurisdiction shall not
be deemed compliance with the requirement that a party who files suit against a
jurisdiction first file a ciaim withthe jurisdiction in accordance withChapter 4.96
RCW.. Moreover, nothing in this Agreement shall be deemed acceptance of
service ofia 'lawsuit, antl the fact thaYa participating jurisdiction provides notice
or copies of a lawsuit.to another ju isdiction shall not be .deemed adequate '
service of such lawsuit in accordance wi4h the State or Federal Rules of Civil
Procedure or the Revised Code of Washington.
For the purposes of implementing Section XIV of this Agreement, thefollowing
personsfrom each+ jurisdic4ionshall receive anyrequired notification or'
documentation:
Auburn:
Kent:
Aubum City Attomey
25 West Main Street Kent City Attomey
Auburn, WA 98001 2204"'Ayenue South .
253)931-3030 Kertt, WA 98D32
253) 856-5781
Aubum Police Chief Kent Risk Manager
340 East Main Street;,Suite 201. 220 4"'Avenue So ath
Aubum, WA 96002 Kent, WA 98032
253) 931-3080 253) 856-5285
Auburn Human Resources ' Kent City Clerk
DirectodRisk Manager 220 4`"Avenue South
25'W est Main Street Kent, W?. 98032
Aubum, WA 98001 253) 856-5728
253)9313040
Aubum City Clerk Kenf PoliceChief
25 West Main Street 220 4"'AVenueSouth
Aubum,WA 98001 Kent, WA 98032
253) 931-3039 253) 856-5888
Port of Seattle: Federal Wav:
Port of Sea4tle Claims Manager Federal Way City Clerk
P.O. Box 6872T 39325—8"'Avenue South
Seettle, WA 98168 Federel Way; WA 98003
Tukwila: Federal Way City Attorney
33325—$' Avenue South
Citv Clerk
Federai Way, WA 98003
VALLE\'SWATTEAMOB-79-2010
INTERLOCn A.GREEAIENT Pa9 . .
RES.B
City of Tukwila
6200 Southcenter 81vd:
Tukwila, WA 98188
WCIA: Renton:
Claims Manager Renton Risk Manager
WCIA 1055 So. Grady Way
P.O. Box 1165 Renton, WA 98057
Renton, WA 98057
CIAW:
Director of Claims
Canfield &Associates, Inc.
451 Diamond Drive
Ephrata, WA98823
XVIII. COMPLIANCE 1NITH THE LAW
The.VSWAT Team and allits members shall comply with all federal, state, and local
laws thatapply to fhe VSWAT Team.
XIX. ALTERATIONS
ThisAgreement may be modifed, amended, or altered by agreementof all participating
jurisdfctions andsuch;a{ICAration, amend,rr nt,'or modification shall be effective; when
reduced .to +;vhting•nd exe uteti`iri'a'tnanrier consistent with paragraph XXIII of this
Agreement.
XX. RECORDS
Each jurisdiction shall maintain training recordsrelated to the VSWAT Team .for a
minimum of seven (7) years. A copy of these records willbe forvvarded andmaintained
with the designatedVSWAT Team Training Coordinator. Ail records shall be available
for fuli inspection and copying by each participating jurisdiction.
XXI. FILING
Upon execution hereof, this Agreementshall be filed withthe city cferks of fhe
respective participating municipalities, and such othergovemmental agencies as may
be required by law.
XXII. SEVERABILITY
V.4LLEY SWAT TEAM 0&19-20 10
iNTERIGCA A'3REEPAENI' Pega I I
RES.B
ff any part, paragraph, section, or provision of this Agreerhencis held to be invalid by
any couit of competent jurisdiction, such adjudiqtion shall not affect the validity of any
remaining section, pact, or provision of this Ag eement.
XXIII. MUNICIPAL AUTHORIZATI.ONS
ThisAgreement shall be executed on behalf of each participating jurisdictlon by its duly
authorized'representative and pursuant to an appropriate resolution or ordinance of the
goveming body ofeach participating Jurisdiction. This Ag eement shail be deemed
effective upon the last date ofexecution by tlie last so authorized representative. This
Agreement may be executed by counterparts andbe valid as if eachauthorized
representative had signed the original document.
By signing below, the signorcertifies that he or she has the authority tosign this
Agreement on behalf of the jurisdiction; and t urisdiction agreesto the terms
ofthis Agreement.
Z
Mayor, City of Aubum Date . City ttomey, y of Aubum te
Ci Clerk, City,of ubum Date
TQ
J1 ' 2 'fi /0 . V` RM""t^-w"U _ ` G-'"'`—
Ni%or,.Cij o Re,Date City Attomey, City of Renton Date
L, - :-; a
ao o
City'6.1e,k,=Ci y:of Re tdna Date
ir{
i:.ii'',''....
Ma .;,C{?€j bf TuYtwila ' Date City Attomey, City of Tukwila Date
City Clerk, City of Tukwila Date
Mayor, City of Kent Date City Attomey, City ofKent Date
City Clerk, City of K nt Date
l rian . G io i .LVtl f0 (3 o
Cfty Manag r, of Federal Way Date City Att ey, City of Federal Way ate
VALLEYSWAT,TEAM,O&19-2010
WTERLOCALAGREEMENT , 'Pa9a
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S 1-.
City Clerk, City of Fe eral' a Date
Chief Executive O cer, Poit of Seattle DatePort Counsel, Port of Seattle Date
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VALLEYSWATSEAMD&19-7A10
INTERLOCAI q^uREEMENT Page l.i
RES.B
RES.B
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4803
Date:
February 9, 2012
Department:
Parks/Art and Recreation
Attachments:
Resolution No. 4803 with contract
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4803.
Background Summary:
The office of the Cultural Development Authority of King County, doing business as
4Culture, awarded a grant to the City of Auburn in the amount of $10,000 to install an
exterior performance stage cover in Les Gove Park that would allow additional outdoor
concerts and a variety of uses.
Construction and installation of the stage cover will be scheduled for spring 2012.
Design for the stage cover has been completed by David A. Clark Architects.
Construction materials will be ordered by Parks staff and the installation contracted and
assembled on site. The City of Auburn initial budget is $27,726 (total) dedicated to
funding this project and has been awarded $10,000 to go towards the cost.
F5.3
Reviewed by Council Committees:
Municipal Services, Planning And Community Development Other: Arts Commission
Councilmember:Peloza Staff:Faber
Meeting Date:February 21, 2012 Item Number:RES.C
AUBURN * MORE THAN YOU IMAGINEDRES.C
RESOLUTION NO. 4 8 03
A RESOLUTION OF THE CITYCOUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE
ACCEPTANCE OF A GRANT FROM THE CULTURAL
DEVELOPMENT AUTHORITY OF KING COUNTY
4CULTURE") AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE THE NECESSARY
CONTRACTS TO ACCEPT SAID FUNDS
WHEREAS, the City of AuburnArts Commission, on behalf of the City of
Aubum, submitted an application to the Cultural Development Authority of King County
4CULTURE) for a Cultural FacilitiesProgram Grant for Capital Construction and Fixed
Asset Purchase for the construction of the Les Gove Park stage cover; and
WHEREAS, theCity has been advised that it has been approved to receive a
grant from saidprogram in the amount of Ten Thousand and No/100s Dollars
10,000.00); and
WHEREAS, acceptance of the grant will benefd the citizens of Auburn.
NOW, THEREFORE; THE CITY COUNCIL OF AUBURN, WASHINGTON,
HEREBYRESOLVES as follows:
Section 1. Acceptance of Grant and Authorization of Contract The City
Councilhereby acceptsthe Arts Cultural Facilities Program Grant for Capital
Construction and Fixed Asset Purchase from 4Culture, in the amount of Ten Thousand
and No/100s Dollars ($10,000.00), and authorizes theMayor andCity Clerk to execute
theContract with the Cultural Development Authority of King County (4CULTURE) in
substantialconformity with the Contract marked as Exhibit "A" attached hereto and
incorporated herein by this reference.
Resolution No. 4803
February'14',2012
Page 1
RES.C
Section 2. Implementation. The Mayor is further authorized to implement
sucli administrative procedures as may be necessary to carry outthe directions of this
legislation, including assuring that the grant fund appropriation is included in the
appropriatebudget documents of the City.
Section 3. Effective Dafe. That this Resolutionshall take effect and be in full
force upon passage and signatures hereon.
SIGNED and DATED tfiis day of February, 2012.
CITY OF AUBURN
PETER B. LEWIS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
iel B: He , ity Attom
Resolution No.4803
Febniary 14, 2012
Page 2
RES.C
Agreement No. 111671A
ContractorsFederalTaxpayer I D No. (Iast 4 digits) 1228
Contrador City ofAuburn Parks end Recreation Departrnent
IServicesProvided: Construction/RenovaUon and/or Fbced Assets pu chase . _
Confract AmouM: $ 10,000.00 Fund Source: CP=Arts Cuftural'Faalities
CONTRACTFOR CARITAL CONSTRUCTION&FIXED ASSET PURCHASE i
THIS CONTRACT is entered info by THE CULTURAL DEVELOPMENT AUTNORITY OF KING COUNTY j
4CULTURE"), whose address is 101 Preforrtaine PI S, Seattle,VUA 98104-2672 and telephonenumber is
206)296-75B0 and fhe Citv of Aubum-Parksrand Recreation Deaartment (the'Contracto'),whase iaddressis910NinthStSE. Aubum.-WA 98002-6200 and telephone number is f2531804-5043.
Contraotor is a municipaf govemment with an art,cuttural or historicalcomponenYqualifled to receive funds
pursuant to King CountyCodeSections 2.48and4.42 and RCW 6728.180 endas hereinatter may be
amended: The 4Culture Board of Directors approvedproviding funds for thls projectby RAotion
No.:20 -6 .
4Culture desires to proVide funds with which the Contractor shall render certain services in connection wfth
the crea8on of a cuiturai pertormancestage that witl assist itv of Aubum Parks and Recreatlon
DeoartrneM in providing serVicesto ICng County citizens. Such services providepublfc benefits to
residents and visitors; and the Contrectar is an organization providing cuRural experiences like thase i
ptnvlded by ar(museums, cultural museums, heritage museums, the arts, and/or the performingarts and
whose services are consistant wIth those clefined in RCW 67.28.780('Public Benefit Services'). i
4Culture is orgenized pursuant to 16ng County Ordinance 14482 and RCW 3521.730, et, RCW
35.21.750 provides as follows: "[Alq Iiablities incurred by such public corporatfon, commission, or authorfty
shall be satisfied exclusively from the assets endproperties of such publiccarporation, commissionor
authority and no creditor or other person shall heve any right af action against thecity, town, or county
creatlngsuch corporation, commission,`or authority on account of any debts, obiigations,or liabilities of
such public cmporaUon, commission, orauthority."
i
The legislative authority of 4Cuiture has found and declared that prov(ding funds to Contractor to reimburse
Project costs in consideretion of services provided hereunder constitutes a public purpose with the
meaning aF Article VII, Sectiorr 1 of the Washington State ConstituUon for which publfc fundsmay properry
beexpended or advanced.
NOW,THEREFQRE, in consideration of payments, covenants, and agrsements hereinafter mentfoned, to i
bemade and p"erformed by the parties'hereto, the partfes cavenant and do mutually agree as follows: I
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QildaaCFeetlitietBqicpmmt/ant2012 Pagnlo[6
RES.C
I. SCOPE OF SERVICES
A. The Contractorshall provide services and complywith the requirementsset forth hereinafter and
in the followingattached exhibitswhich are incorporated herein by reference:
Projed Proposal and Budget Attached hereto as Exhibit A.
Specific Scope of Work Attached hereto as ExhlbR B
Insurance of Requirements Attached hereto es Exhibit C
Public Benefit Provisions Attached hereto as Exhibit D
Personnel Inventory(KC.0 12.16.U60AXIn combination ivith Attached hereto as Exhibit E
othera reements, in excess of$25 000 in a calendar ear
Affidavit and Certificate of Comptiance(K.C.G 12.16:060B) Attached hereto as Exhibit F
forA reements in excess of$25000
Disability Assurance of Compliance/Section 504 Aitached hereto as Exhlbit G
KCC 12.16.O60D
B. Construdlon and Fixed Assets Purchase. Funds ewarded under this Agreement shall be used isolefytoreimbursetheContractorforexpensesincurredexpressiyandsolelyinaccordancewiththe
Project Proposal and Budget and theSpecific Scope of Contract Work. Any amendment or modification to
the Projed_Proposal and Budget orthe Spedflc Scope of Contract Work must be approved in writfng by
4Cuiture, The work described generally by the Projed Proposatand Budget and more speafically by the
Speafic Scope of Contract Work shail hereinafter be referred to as the°Prnject".
C. In additidn to perfortning the ProJect, Contractor shallprbvide the Public BenefitProvislons as I
specified in thePublic Benefit Provisions.
D. The Contraptor agrees to use eny,improvement constructed and any faed assets purchased
throughthis contract to proVlde Pubiic Benefit Services for a period of not less than 10years from fhe date I
of purchase.SFiould the Contractor, pr}or to the expiration of this ten-year period, dissolve its opentlons,
relocate outside of lQng County or determine fhat it no longer needs the improvement canstructedor
equipment purchasedhereunder, Contractar shall nodfy 4Cuiture thereof and; upon 4Culture's request,
suchimProyemenb (to the extent precticabley and such equipment, shall be transferred wfthoutadditlonai
consideration to a King County based non-profit art, cuitural or historic ors anization selected by 4Culture in
its salediscretion.
E. The Contractoragrees W adcnotivledge 4Culture as a source of suppoR for the Project in
promfnenUy located pertnanent signage utilf¢ing the followinglogo:
I°
Approved logos are available fordownload in a varietyof formats at
C U LTU R E httpJlwww.4Culture.org
m»a:.:m..,,.i
i
F. The Contractor agrees to notify 4Culture in advance of any publicProject activities, including but
not limited to ground breaking events, ded'ications, andott er public programs.
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CYdwnl Facililia Eqai t Ageanent 2012 Page 10[8 I
RES.C
i
il..DURATIdN OF CONTRACT .
I
This Agraement shail commence on December 15.2011 and shall terminate upon the later of(1)j
complefion of ihe Specfflc Scope of Contract Work and payment of ttie finel involce or(2)the end tlme j
perlod spec ied, if any, PubildBenefit Provisions. ThisAgreement, however, may be terrninated eadier as
prbvided in Section IV hereof.
lil. COMPENSATIONANDMETHOD OF PAYMENT j
A.4Cuiture shali reimburse the Contrador for its actual and authorized expenditures incurred in isatlsfactorilycompletingtheSpeciflcScopeofServicesandotherwisefulfillingallrequirementsspeafiedin
this conVact in an aggregateamount notto exceed 1 000.00.
B. Contractor may apply to 4Cuiture for reimbursemenf upon completion of specffied phases af the
Specific Scope of Services pursuant#o the following Refmbursement Schedule:i
Pfiase Description Amount Available for Expected Date of iNo. .Reimbursement Com letion
1 -3 Aubum Les Grove ParkStage 10,000.00 July 1, 2013
Cover i
C. Ail irrvotc s forreimbursement for specific phases of the Projed shall indude documentaUon that
ldentifles vendors, detatls costs foriabor and materials and specifies the equipment purchased pursuant W
thfs contract(make and model#). Such documentation shallinGude, but may not belimited to, purchase
orders orreceiptsfor purchases.
D.. Accompanyirig the final InVoice for the project,theContractor shall also submiY.
1. A projectstatus report that documents costs (Including costs not reimbursed by4Culture
funds)and identifies fundtng sources. I
2. At least two images(prints, slides, or digitalimages accompanied by a high-quality print-
out)of pubifshable qualit+for use by 4Culture ta pubiicize the Culturai Facilit(es Grar t progrem. Photos
shall have credits, caption ir foimatlon, andpermission to publish.
E. All paymentsare subjectto site inspection and approval by 4Culture.
F. If the Contractor fafls to cqmply wfth anytermsor conditfans of this contract or to,provide 1n any
manner the work or services agreed to herein,4Culturemay withhold arry payment to theContractor until
4Culture (s satlsfied that correctfve actlon, ss spedtied by 4Culture, has been completed. This rtght is fn I
additlon to and notin Ileu of tha4Cultureright to terminate this contrad as provided in Sectlon IV, any
other r(ghts of 4Culture under this qgreement and any other rightor remedy available to 4Culture at law or
in equity.
I
Qilnual FeaTitiw Hquipmcot Aguuunt 2012 Page 3 of 8
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N. TERMINATION OF AGREEMENT
A. if,through any cause, the Contractor shall fail to futfill in a timely and proper manner its I
obligatlons under this Agreement or if the Contractor shall vlolate any of its covenants, agreements or
stipulallons of this Agreement,4Culture may terminatethis Agreement andwithhold the remaining
aliocatlon. Prior to soterminatingthis Agreement, 4Cuiture shall submit written notice to theContractor
describing such default w violaUon. 4Culture shall not so tertninate this P qreement if 4Culture deterrnines
that Contractor has,within twenty(20)days of the date of such no ce, fully corrected such default or i
violation. I
B. Reimbursement for services perforrned by the ConVactor, and not otherwise paid for by 4Culture i
prior to the effective date of a terminallon under subsectlons B and C herein, shali be as 4Culture Ireasonablydetermines.
I
C. In the event of termination for cause, the Contractor shall, immediatelyupon 4Culture's request
and in additionto any andall other remedies eva4eble to 4Cutture in equity or at law, retum to4Culture
immediately any funds, misappropriated orunexpended, which havebeen paid tothe Contractoby
4Culture and all equipment, personaf property and trade fixtures acquired as part of the SpecificScope of
Contred Work.
V. SECURITY AGREEMENT
I
A. Contractor grants to 4Culture a securiry Interest in the fixed assets and aquipment purchased in
whole or in part wfth funds provided under this Agreement including all attachments, accesstons,
accessories, tools, parts, supplies, increases, and additions 4o and all repiacements of and substitutions for
suchproperty and all proceeds thereof jthe"Collaterel")to secure theContractors obligations under this
Agreement (the"Indebtedness"). Contractor authorized 4Culture to file such finanang statements and
Contractor agrees totakewhatever actions are requested by4Culture toperfect andconbnue 4Gulture's
security interest in the Collateral. Contracta hereby appoints 4Culture as its irrevocable attomey-in-fact for
ihe purpose af executing any documents necessary lo perfect or to continue the security interest granted in
this Agreement. Contrac6or shali not sell,offer to sell, or othervvise transfer ordispose of the Coliateral. All
proceedsfromanydisposition of the.Coliateral (for whatever reason)shall be held in trust for 4Culture and
shall not be commingled with any other funds. Contractor shall prompflynotify4Cufture of anyloss or
damage to the Coilateral. 4Cuflure may make proof of loss if Contractor failsto do so wifhinfifteen (15)days
of thecasualty. Allproceeds of any insurance on the Collateral, including accrued proceeds thereon, shall be
heldby 4Culture as part of the CollateraL
B. Each of thefollowing shall consUtute an Event of Defaultunder this Agreement (1) Failure of
Contractor to makeanypayment or othe wise perform an obligation uyhen due on theIndebtedness; {2)The
dlssolutlon, Iiquidation, or anyother termination of Contractor's existence as a going business, the insolvency
of Coniractor; the appoinUnent of a receiver for any part of Contractor's property, any assignment for the
benefit of creditors, any type of creditorworkout,or the cammencement of any proceedingunder any
bankruptcy or insoivency laws by or against Contracxor, (3)Commencement of foreclasureor forfeiture
proceedings,whether by Judicfal proceeding,self-help, repossession oranyother method, by any creditor of
Contractor or by arry govemmentalagency against the Collateral or any other collaterei securing ihe
Indebtedness. If an EVent of Defauit occurs under this Agreement, at arry time thereafter,all of the
inde6tedness.sFiall tie,at 4Culture's option, immedlately due and payable,4Cuiiure shall have all the rights of iasecuredparlyundertheWashingtonUnifortnCommercialCode, as amended from 6me to time. In
addition,4Culture shallhave and may exerciseany or all other rights andremedies it mayhave available at
law, in squi4y, orotherwise.
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CWdval FaoditlaEquipmmtAgecmmt 7Al2 Page4 MS
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Vt: MAINTENANCE OFRECORDS
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A. The Contractor shall maintain accounts and records, induding personnel, properly,financial, and
programmat(c records and other such records as may be deemed necessary by4Culture to ensureproper
accounting for.all contract funds and compilance with this/{greement.All such records shail sufficientty and
properly reflact ail direct and indirect casts of any natureexpended and services provided in the
perFormance of this Agreement.
B, These recordsshall be maintained for a period of six(6)years after termination of this j.
Agreement unless a longer retentlon period is required by law. i
VIL AUDITS AND EVALUATIONS
A. The recordsand documents with respect to ail matters covered by this Agreement shallbe
subjact at all times to inspection, review or audit by 4Culture and/or federaUstate officials so authorized by
law during the performance of this,qreement and six(6)years after termination hereof: I
B. The Contractor shall provide right of access to its facilities, including by any subcontractor to
4Culture,the King Couniy,state andlorfederel agencies or officialsat all reasonabie Umesin order to
monftor andevaluate the seryices provided under this Agreemenf. 4Culture will giveadvancenotice to the
Contractor in the casebf fiscal audits to be conducted by 4Culture.
C. The Contractoragrees to cooperate with 4Culture in the evaluation of the Contractor's
pertormanceunder fhis contrect and to make available all informationreasonably required by any such
evaluaUon process. The results and'records of said evaluations shall be mairrtained and disclosed in
accordance withRCW Chapter42.17(Public RecoMs Act).
VIII. CONTRACT MODIFICATIONS
No modiflcation or amendment of this Aqreeme t shali be valid unless made in writing and signed by j
the parties hereto.
IX. NO WAiVERS
4Culture's failure to insist upon the.strict pertormance of any provisfon of this Agreement or to
exercise any r(ght based upon a breach thereof or the acceptance of any performance during such breach ishallnotconstituteawaiverofanyrigh4underthisAgreement.
X. FUTURE SUPPORT I
4Culture makesno commftment to support the services contracted forherein nor guarantee
regarding the success of ttie services and assumes no obligation for future support of the Project excspt as iexpresslysetforthinthisAgreement.
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CVitu al Facilitias Bqu(pmeotAgceemmt 2012 Page 5 of 8
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XI. OWNERSHIP OF PROJECT/CAPITAL FACILITIES
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Contractor and 4Culture agree and acknowledgethat the real property improved and the personai
property and fncwres acquired as part of the ProJect are not owned by 4Culture and 4Culture does not I
e ect W acquireany ownership interest in or title tothe capital facilities and/orequipment constructed or
purchased underthis AgreementJn addition, although Contractor wfll be reimbursed for cerfain of its
expenditures as provided herein, the capital facilities constructed or improvedhereunder are not being
constructed af the cost of the stateor a munidpafity and therefore are not°public works°within the i
meaning of RCW 39.04.10. Cantrdctor shall not pledge or assign its rights to reimbursement hereunder to
any third party for any reason, including, without limita8on, to suppliers or subcontredors as security for I
Contrador's obflgations to such third parties. I
X0. HOLD HARMLESS ANDINDEMNIFICATION I
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A. In providing services under thisAgreement, the Contractor is an independent conYractor, and
shall determinethe means of accomplishing the results contemplated by this Agreement. Neither the
Contractor nor its offfcers, agents or employees are employees of the 4Culture for any purpose. The
Contrador shallcomply with all applicable#ederal and state laws and regulations regardi g employment
mf imum wages and hours, and disaimination in employmerit. The Contractor is responsible for i
detertnining thecompensation of its employees, for payment of such compensatfon, and for all federal
and(or state tax, indusfial insurance, and Social Security liabilitythat may resuft from the performance of
end compensation for these services. The Contractor and Its officers, agents, and employees shall make
no daim of career service or civii service rtghts which may accrue to a 4Culture employee under state or
looallaiv. 4Culture assumes no responsibility for the payment of any compensation,wages, benefits, or
taxes by, or on behalf of the Contractor, its empfoyees and/or others by reason of this Agreement To the iextentallowedbylaw,the Contractor shallprotect, defend, indemnify and seveharmless 4Culture and its
officers,agenfs, and employeesfrom and againstany and all cla(ms, costs, and/or losses whatsoever
occurring or resulGng from(1)the Contractor's failureto payanysuch compensation, wages,benefiis, or
taxes; (2)the supplying tothe Contractor of work, services, materials, orsuppfies by Cantractor employees
o other suppliers in connection withor support of the performance of this Agreement.TheContractor shall
also defend, indemnify, and saveharmless 4Cuiture, and its officers, agents, and employees,from and
against any and all claims made by Contractor's employees arising fromthefremployment with ConVactor.
B. To the full axtentprovidedby applicable law, the Contractor shalf protect, defend, indemnify, and
save harmless 4Culture Its officers, employees, and agants from any end aIl costs, claims,Judgments,
and/orawards of damages, arising out of or in any wayresulting from the acts or omissfons of the
Contractor, its officers, employees, and/or agents, except to the extent resulting from4Cufture's sole
negligence. If this Agreement is a "a covenant, promise, agreement or understanding in, or in connection
with or collaterel to, a contract w agreement relative to the cons7uction,.atteration, repair, addition to,
subtrac4ion from, improvement to, ormaintenance of, any building, highway, road, railroad, excavation, or
o[her structure, project, developmerrt; or improvement attached to real estate`within tfie meaning of RCW I
4.24.225, the Contractor shail so protect, defend, indemnify, and save hartnless 4Culture its officers, iemployees, and agents onlyto the extent of the Contractor's, its officers', empbyees', and/or agents'
negiigence. The Contractor agrees that its obligafions under this siibparagraph extend to any ciaim,
demand, andlor cause of actionbrought by or on behalf of any employees, or agents. n the event
4Culture incursany judgment, award and/orcost arising there from includingattorneys'fees to enforce the
provisions of this article, all such fees, exper ses, and costs shall be recoverable from the Contractor. i
Claims shall include, but are not limited to, assertlons that tfie use or transfer of any software, book, i
document, report, film,tape or soundreproductfon ormaterial of any kind, deliveredhereunder, constitutes
an lnf ingemerrt of any copyright.
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GLIWCW Patili[ia Equipment Agreement 2012 Page 6 of B
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Xill. INSURANCE REQUIREMENTS
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The Contractor shall procure andmalrrtain.for theduration of this Agreement insurance as desaibed
on fhe Exhibit labeled as InsuranceRequirements attached here to.
XIV. CONFUCT OF INTEREST I
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Chapter 42.23 RCW (Code Of Ethics For Municipal Offtcers--Contract Interests) is incorporated by
reference as H fully set forth herein and the Contrector agrees to abide by all the conditions of said I
Chepter. Failureby the Contracfor to comply with any requirements of such Chapter shall bea matertal
breach of contract.
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In addition, Contractorrepresents, warrants and covenantsthat no officer, employee, or agentof
4Culture who exercises any functions or responsibflitfes in connecdon virith the planning and i
implementatlon of the Specffic Scope of Contrad Services funded herein, has or shali have any beneficial I
irrterest,directly or IndirecNy, in this contract. The Contractor further represents,warrants and covenants
neitherit nor eny other person beneficially interested In thls Agreemenf has offered to give,orgiven arry
such officer, employee,or agent of 4Cutture, directly or indirectly, any compensation,gratuity or rewerd in
connectianwiththis Agreement.The Contractor shall take all appropriate steps to assurecompliance with
this provision.
XV. NONDISCRIMINATION i
During the performance of this Agreement, Contractor shall comply with state, federal and local I
legislation requiring nondiscrimination in employment and the provision of services to the public, induding,
but not limitedto:Title VI of the Civil Rights Act of 1964; chapter 49.60 RCW {tha Washington state law
againstdiscrimination); K.GC. chapter 12.16 regarding dlscrimination and affirmative action in employment
by_wntractors, subcontractors and vendors; K.C.C. chapter 12.17 prohibitingdiscrimination in contrecting;
K.C:C.chapter 12.1 B requiring fair employmentpractices; K.C.C. chapter and 12.22 prohibiting
dlscriminatlon in places of public accommodation.
The Contractor shall maintain, untll /2 months after compleUon of all work under this contract, atl
written guotes, bids, estimatesor proposals submitted to the Contraotor by all businesses seeking to
partfapate in this Agreement The Contractor shall make such documentsaveilable tothe 4Culture for
inspeotion and copying upon request. i
XVI. SEVERABILITY
In theevent arry term or condiUon of this Agreement orapplfcaUon thereof to any person or
circumstances is held invalid, such invefidityshali not affect other tertns, conditions, or applications of this
Agreement that can be given efled without the invalid term, condition, orapplication. To thisend the terms
andconditfons of this P qreemenYare declared severable. i
XVII. ENTIRE CONTRACT
The pardes agree that this Agreement is the complete expression of theterms hereto and any oral
representations or understandings noYincorporated herein are excluded. Both parties recognize thaf time is
of the essence in the performance of the provislons of this Agreement.
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XV I. .ATTORNEYS'FEES: IXPENSES
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Corrtractoregrees to pay upon demand all of 4Culture's costs and e ipenses,.including attomeys'fees
and 4Culhire's legaf e enses, incuRedin connecdon with the enforr.einent of this Agreement 4Cufture may
paysomeone else to lielpenforce fhis qgreement,end Contrectorshait pay the c osts and exper ses of such
enfo ernerd. Costs and expenses indude 4Culture's attomeys'fees and Iegai expenseswhefheror noY
there is a lawsuit,induding attomeys'faes and legal expenses for benkruptcy proceedings(and inciuding
efrorts,to modify orvacate arry automatic sfey or injunctfon), appeals, and anyentlapated post udgment
collection services. Contractor also shall pay all courtcosts and such additlonel fees as may be directed.by i
the.court.
X(X. SURVIVAL
The terms and conditions of Secitons I.D, V,VI,VII, IX,XII,XIII,XIV, XV, and XVIII shail survive the I
terminaUon ofthis Agreement and shall be conHnuing obligaUons ofthe parfies. i
4CULTURE: CONTRACTOR: I
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4Culture-CDA Executive Dlrector Signature
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Date Name.(Piease typeor print)
Title(Please type orprint)
Date i
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CLICUaI Paollldec Hqulpment Ageemem 2012 Page 8 oP8
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2011 Arts Facilities - Construction Projects
City of Auburn Arts Commissfon
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Matling Address Website
910 NIMfi St SE www.au6umw qov/arts
Aubum I
Washington Email
98002-6200 mm_Ir htlolauhnm.wa.aov, i
Shipping Address ng County Council Dtstrtct 91
910 Nfnth St SE j
Aubum
Washtngton Wp State Legislative District# i
98002-6200 31, 47
Phone Date Inwrporated
253) 804-5043 09J04/1984
F Federal Tax ID
253) 931-4005 916001226
WA StafeUBI#
171-000-010
Revenue lastfiscal year j
309,65U i
Revenue 2nd to last tisral year
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221,700
Organlzatlon Director
Dtrector,Aubum Parks,Arts &Recreation, Mr. Daryl Faber
Director:Emall
dfaber aubumwa.gov
Director Phona
253) 931-3043
Organization DeseripNon I
CfEy of Aubum Art's Commtsslon's purpose Is to fosterthe growth of arts In Auburn through the.presentation of
various arts progrems,community fnidatives and program part erships.
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Mission
The City of AubumArts Cammisslon's purpose Is tosecve the ddzens:of Aubum by Postering cul6iral groweh and
enrlchment, sponsoring pirogrartu represenYedve of theendre artsspectrum and providing programs that are
reflective oP the growing dlversity oF the'population of the Ctty of Aubum. I
ProiectTida
Auburn Les Gove Park Stage Cover j
ShortProiect Descrlptton
City of Autiurn seeks$10000 toward the purchase and Installaqon of an ezterior performanre stage mver that
would allow additlonal outdoor mncerts and vadety of uses.
Project Dtsdpline(s)
Mustc
Dance
Theat
Vlsual
file:///RI/...9620of%20AUbum%20Arts%20 mmissbn/City9620d¢9620Aubum%20ArtNb20 anm f 0076 IeJdDala.htrni[10/13/2011 1:5333 PM]
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a,oune reequestea j
io,000
Total Pro ect Budget
27,726
Venue Address
Aubum Les Gove Park 1C1ng County Council Diskriet Pf I
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Aubumnth
Street SE
WA State Legfslative District#
YYashington 31, 47 I
98002
Project Venue Notes or Ccmments
City of:Aubum L GovePark Is a heavily used community campus tliat Indudes a Senlor Center, Parks
Adminfstratlon Buifdfng,Aubum Ltbrary, Barrier-Free Playground,Sprey Park, Gymnastum,.and a future site.of a
Cammunity{enter. Because of the parks'central locatlon, ease of public transportatfon, and variety of
services/audiences adJacent to the park, mudi ofthe outdoor arts programming Is scheduled in this locatlort.
ConWd Person i
Arts Coordinator, Mrs. MaiJa McKnight i
Contaet Phone
253} 804-SQ43
Contact Email
mmckn lght(@aubu rnwa.gov
Project Dascription
City of Auburn Art's Commisslon's purpose Is to fosterthegrowth ofarts inAuburn through the presentatlon of
various arts programs, wmmunity IniUadves and program partnerships..ProgramsInclude Public Art, Art Classes
and Outreach, Visual Art Gallery Spaces, BRAVO Pefiorming Art Series which indudesneariy 70 performances
throughout the year,5ummer Soundsantl Gnema (3 performances), IGds Summer Stage(5 performances), and
various festivals and events such as PutRageous and Art Walk.
Gty of Aubum seela 10000 toward the purchase and installatlon of an exterior performance stage cover that
would allow addlUonat outdoor wncerts and 4arlety of uses.
CIty of Aubum Les Gove Park Is a heavlly used mmmunity campus that indudesa SeniorCenter, Parks
Administratlon Building,Aubum Lib2ry, Bartler-Free Playground, Spray Park, Gymnasium, and a future site of a
Community Center. Because of the parks'central lontlon, ease of public transportatlon, and vaAety of
servioes/audlences ad acent to the park, much ofthe outdoorartr programming is sched led In this lootlon..
Kids free summer ooncerts, Sounds andCinema Series,as well as various tesNvals throughout the Spring, Summer,
Fall months all oavr in thls park: In 2030,a Barrler-free playground (Playground forkids with all physical ab01ty
IeveJs) waz bullt in the center that dLspiaced the prevtous lo pon for outdoqrrnncerts.The cement pad and
electrfdty wa5 re-built to axommodate the outdoor concerts, and we seelc to improve theexlsting area with ttie
installatlon af a stage cover.
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The performance cover has been selected and wlli be installetl in.Spring of 2012.This project is a high priority for itfie£Iry of Aubum due to the Inu+eased usage of the stage area as well as the variety of users that seek to use the
Ispaceinottlerlnofferotherfreeprogramming.
Pro9eet.Impact I
Building of the stage structure would allow for a 9reater Flextbtl(ty for both tlming and extending the season of
eventsaS well as the type oF programming offered. K(ds Summer SEage hasbeen a summer favorite for the past
years and Me stage area is also usgd by the Kfng County Library Sysferti for outdoor summerprogramming as well
flle:///R/...%20ofWo20Aubum%7AArtsWo2000mmfsslon/CILy%20of4'o20Aubum4620Ar15%20Gommisslon 007b f1eldData.hhnl[SD/13/20111:53:33 PM]
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as varlous:cortimunity groups. In 2010, Summer Coocerts7n the Park was elimfnated from programming dueto
budget cutr. It Is the Uty's Intent to bringbadc this progrem in future years for quaflty free musioi perfortnances
and 4se thts riage a2a. 2012 will be the inaugural, KldStock—a one-day celebratlon of muslc for yowg audiences..
Unilke pertortnances in the theater, most programs in tFie park are ali free toattendees and attract a vartety oP
resldents.
Relevant Expertise / Experienee JAeeomplishments
The:pro eet wlll tie managed by Midiael Milleq City of Aubum Parks Manager with over 25 years expedence i
managing Aubum's twenty elght parks. The stage cover was designed by Dave qark, Architects
http://www.darkarchl s.com).
Parks, Arts and Recreatlon staff members coordinatethe vaAous,events and arts acdvitles in Les Gove Park. .
Namety,MaUa McKnight,Arts Coordinator, lUlsty Pachclarz, and htle Brewer,Arts and Events Manager. Les Gova j
PaMc programming Indudes: large scale festivals such as 4th of]uly bring upward of 10,000 visitors to the park, i
Summer Saunds and Cinema regularly sees 500 for the free wncert and mwle, Klds Stage tffroughout the summer
atVai*s 300 famfly members, and ArtRageous Art Festival draws 2500 visitors [o the park. i
Pro eet Implementadon
Construdion and Instaltallon of the stagecover wili be scheduied for Spring 2012, prior to the"Kids Day festival"in I
mld-]une. Design Por the stage cover has been completed by Davld A. Clark Archftects. Conslrucdonmaterials will
be ordered byParks staff and the Installatfon contraded and assembled on slte. With the new stage cover,.the area i
wlll be.ised more tntensively for programming as well as giving varfous organizatlons the abllity to reserve the Isparsforthelrprogrammingneeds.
TheCity oP Aubum has$17,7Z6 dedicated W funding th(s project and seeks the additlonal $20,000 to ensure the
abilRy to compiete thls project.
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4CULTURE FAGLITIES PROGRAM PROJER BUDGET
cn kayou
N ME El(PENSE
f D°^tlKY P 1) haveappllod CashlneomB IMand qddmteportestlmtFtyowprojKtJ CashExpense IndCind
neeuciwr:
eoRro eanoNS:paem y
c
FOUNDATION3:(IdentNy)
Q T:
O iden
CityotAubum -
e qing p
INDMDUAL3: g :
OTHER:(Describe)
4 U RE
70TALS: T .
1,500
GRANDTOTALINCOME: 27,726 GRANDTOTALEXPENSE: z 26
CASH+IN-KIND?OTAL CASH+IN•KIND TOTAL
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Nmnodorpardtatlm: CityofAubtun " FscelYeerEnM; 81-Oec•10
REPORTOPERATINO DCPENSEBONLY-DO N071NCLUDE CAPITAL EXPENDfNRES
ACNAL CURRENTYR NE%TYEAR
o m, I
t OperaUng Expenses:
2 Pereauel: v .E• v „Y C:S.• Z ,
8 1 ArNc e pmmanad
4 Imnpoimy i
5 2 Pmd an pwmmeM
8 Mnpasy
7 3 AdMMB fetlVe pY1R7ron 112 BS0- - ' - 130)860 137 000
8 IBIIgpfBry 7.000 7 OU0 7 000
9 4 Educalion per enl
10 IempmW
11piadudion llioneRpm seo 171,200 iB6,300 177,BOO
12 MmketlnplPmnptlmisxpemea 8,OD0 8,500 8.500
13 Fu aLsFpm dna
14 Edualbn rapdum
15 Y+(^D^
tg TlevalBndTfenepMeBa1 3,000 1,500 1,500
17 AdMnbhetive e yeme 7,600 . 6,950 6,600
18 Subtotal w- i19Io-lOMBqiemm(me•hNdnefaooMeom)
20TOTAL OPERATING EI ENSES
2i Eamed lncome:
zz st mnamseman dne,on ie,ssi ie;000 ia,000
2s sunsapewamasiuv
24 T dAOnANalmhope
2i SeIBdlCa nalRentela
ze u,a+ca na,,,
27 OtlmrEamedltwmne venuerenfd
28 TOTAL EARNED INCOTdE
29 EornedIncome parcoMego _ . _ _ .
30 EARNM09 6AP ' ---- - i
3t Contributed Income• i32NB1,rEA,md IM6
33 OO arFaderelGaemmad
34 WSAC
35 ONerSleleBwernmeM
38 4CIIIWn Y3.000 .- - 17.000
37 qhmCountyC aanment I ..38 OtlRfqly(CaolommBM Q'dAubuMl 268,099 •308,110 J20,100
40 AtlfFlmd
41 WmCapora8ore
42 Fande9ore
43 PONd10
44 EMMduele
45 WMielei EVeMe(ONatm osslnoomo7)I48Wc,oaN6Niore
47 SUBTOTAL CONTRIBUTm INCOAAE i'.=:'ssi' +ta= .. a<*"aS'io :.'.:"n ' •add' i
aa n.wnd o uoo
49 GRfWDTOTALWCOWE k:.b%9 Y9A. '.` ..+,i ed,G:
50 SURPLUS(ORDEFICfI') - Si=`..',4 i:.,,y:. :'K. «.'?w'saiK'y. '..'i.. ' ".+s:.4`` .
67 ?Pretle ImiQf P I j
62 07FfER'INTER-FUN"TRANSfERS i
53 SURPWSORfDEfICl AFTERTRAMSfERS - — y"F.."t>?Y' .;z•.tii6 ,w, :r.+;,v;,,.:..d; ,:.:<:;a t.:;*a ' I
4CUIWro12008,RW7Sus0atriedSupportAppllmtlon Pa0e8
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Nama of OrgnnRatlan; . Gly of Aubum Fleml Year EMe: 1 7/3 7 2011 I
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PLE4SE DCPLAfN LINElTEMS VARY/NGMORE TNAN 20%OR BELOW-THE-L1NE TRANSFERS I
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LfpeItem / Year Note iALLALLAubumCuRuraiArtsprogramserewithintheAubumAvenueParks
Departrnent/City of Aubum Generaf Fund: Expense-to-Income is not
accounted as private°enterprise"operatlon,where income is the primary basis
T2 ALL I
Theonfyrevenue ganerating progrem of the Arts Commission are from three
peAormances held at the Auburn PerForming Arts Center,a rented facility.
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CIry of Auburn
Parks,Arts and RaueaUon
Arts Commisaion 20N
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Name$OfFlcer Tltles Professional or Communky AfflllaUon I
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Patricia Judd,Aubum Arts Commisslon 2011 Aubum School Dtstrict Admintstratlon
Chalr
7anya Rottle,Publlc Art Commlttee Chelr Elementery Educatw(5 Grade)
Debby Deal,Visual Art Committee Chalr ArtisUCommunity Advocate i
Lesile Moore Dean Green River Community College,
CoMinued Eduoadon
Colleen Maloney ArtisVGraphfcDesigner
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David Sader,Pertorming Arts Committee Chair MusldaNCommunity Advocate I
Unda Elllott Retlred Etementary Music Teacher,Aubum IISmhonOrchestraBoardMember
DeNae McGee Community Advocate,Aubum Symphorry
Em Io ea
Cary Davldson Secondary Educatton Teaeher/Graphic Artfst
Greg Watson,Aubum Arfs Commission Vice Secondary Educetlon TeacherMlstorlan
Chair,2012 Clislr
HeIdI HaMs Aubum School Distrid Elemer ry Curriculum
DUector
Ronie Schwend MisU(:ommunily Advocate
Rich Wagner(ex-o fdo/non-voting)City Couneil lJalson
Staft i
Daryl Feber, Director
Aubum Parks Arts and Recrea8on -
Maija McKnight,ARs Coordinator
Aubum Pa ica Arts and Recreat(cn . ._ . _
Julle Brewer,Spedal Everrts and Merketing
Man er Aubum Parks Artsand Recreatlon
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EXHIBIT B
SPEClFIC SCOPE OF WORK
CONTRACT NO. 111671A
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4Culture, the Cuitural Development Authority of King County, will reimburse City of Aubum Parks and RecreaBon
Department for satisfactorycompletlon oftlie servtcesand requirements as specified in this contract in an amount
not to exceed 10 000.00. Payment wiil be madeavailable in the foilowing manner:
Invoice#1 -#3: For up to 10 000.00 total: For engineerfng, labor and materials necessaryto construct a stage
cover for the Aubum Les Gove Parti outdoor performance stage and related sfageimprovements, as descnbed in
the proposal attached as Exhfbit A.
Accompanying the 4Gulture imoice for thase expenses will be documentation that identifiesvendors and details
work perfortned,Suchdocumerdation shall indude, but is not limited to, proofs of purchase,work orders or
receipts.for purchases.
NOTE In oride tobe an alloweble Rem, equipment purchesad must be itemsclassified as"fixed assets'intended
fw 10 year useandvalued as depredable assets and not expensable mater'ials.
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NOTE•.Ar+r.orolect inwlvina construction. resWration or rehabilitallorrwork onan historic sWcture is subiect to
the.followina additlonal reau(rements:
Any reliabilitation and/or estorationproject Involvingan historlc resource Ilstedon the Natlonal Reglster of
Hfstoric Piacesor aJocai landmarks register, or determined eligibis for said registers including a resource in
process of nomination, must adhere to The Secretary of the Intedor's 5tandards for Tieatment of Hlstodc
Properlies.
Any rehabiltta8on and/or restoration project that would affed any designated feature(s)of sfgnificance of aKing
County Laridmark or local landmark designated by way of an inte iocal agreemen2 for preservatbn services with
King County, indud(ng a contributing property Iocated within an hfstoric district,must obtain a Cert/Bcate of
Approprlateness(COA)from the King County Landmarks Commissionprior to obtaining a build(ng permit or
commencing construction.
Any refiabilitation and/or restora6on projectthat would affect a designated landmarklocated in a Jurisdiction that is
a Certified Coaal Govemment(CLGpwith professfonal staff, must.provide evidence that it has received any formal j
approvalrequireil by lewfrom a qualified design review board prfor to obtaming a buiiding permit or commencing
constructlon.
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1NSURANCE REQUIREMENTS
Cordractor shallprocure,atifs sole cost and expense, Insurance against cleims fw injuries to persons or damages to
property which may arisefrom,or in cronnection with theperFarmance of workhereunder by the Contrector,his agents,
representatfves, employees,and/or subconhaotors. The costs of suchinsurance shall be pald by the Contractor or
suticoritractcrs. i
Fw AilCoverages: Each insurance poilcy shall be wrRten on an'Occurtenca"form.
1. Minimum Scope of Insurance needed forthls contract is as follows:
Commercial Generel Insurance Servi s Office form number(CG 00 01 Ed. 11-88 Minimum
Liability Combined Single Cimit of$1,000,000 BI 8 PD with a General/\qgregate
er ect:
Automobile Liebfiity Covering eIl owned and non-owned and hiredautomobiles—Combined
SI leLlmk of$1 000 000 BI&PD
2. DeduGibles and SelfInsuredReterdfons.
Any deductibles or self-insured retentions must be declared to,and approvedby 4Culture. The deductlble and/w
self-Insured.retention of the pol ies shall not apply to the Contrector's liabilfty to 4Culture end shall bathe sole responsibllity
of the CoMractor.
9. Other InsuranceProvisions
A The insurance policfes are tocorrtain,or be endorsed to contain,the following provisions:
a) General Llablity Poiicies
1),4CutWre,its ofNcers,employees arui agents are to be covered as prtmary addltlonat insureds as respects
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IlabNfty ar(sing out of activNies performed by or on behaN of theCordractor in connectlon wfth thfs qqreement.
2)To the extent of the Conhactor's negligence,the Contractor's insurance coverage'shall be primary '
insurance as reapacts 4Culture,its officere, emplojrees,and agents. My insuranoe andlorself-Insurance maintafned by the
4Culture, its offfcers,employees,or agents shall not contribute with the Contractor's insurance or beneflt the Contractor In
any voay.
3)The CoMractor's insurance shall apply separately toeach insured egalnst whomclaim is made andlor
lawsuit is brought,except with respect ta the Ilmlts of the insurer's Ilability.I
b) All Policies I
1) Coverage shall notbe suspended,qoided,canceled,reduced in coverage w in Ilmlts, except as
reduced in aggregateby paid clalms,at any pofnt duringfhe liFe of this contrad.i
4. Acceptabflity of Insurers
Unless otherwiseapproved imwriting by 4Culture;insurance is tobe placed_withinsurerswith a BesYs ratingof no
less then A-VIIi, or, tf not rated wfth BesCs,with minimum surpluses theequivalent of Bests'surplussize VIII.
5.Veriflcationof Coverage
Unleas otherwise approved tn writlng by 4Cultuie,Contractor shali fumish 4Culture wtth certfficate(s)of insurence I
evidencing complienee with requiremerrts set forth a6o+re,which cartificate(s)shall provlde that no material change, w
cancellation or nonrenewel of popcies referred3o herein shall occur without thirty(30)days'prlor written notice to 4CuIWre.
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EXHIBIT D
PUBUC BENEFITPROVISIUNS
CONTRACT NO. 111671A
4Culture fs ewarding funds to support the constructioMrenovation project for City of Aubum Parics arid RecreaUon i
Departrtterit in order to ailow the Coniracfor tobetter serve its mission and providethe cfizens of FGng county wfth
sfgnifcant public ben t
The City.ofAutiurri Parksand RecreaUon Department wtll be committed to providing public arts experiences for a
period of no less than 10 years. During that time,:the public wlll regularly have access tothe City ofiAubum's Les
Groveoutdoor perforrnance stage programs, and wfl benefft fromthe following types of potential arts
opportun(ties;
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Regularly scheduled free presentaUons and performances that utilize the improvements at fhe stege
Access to specialeventsheld on the site using the improvements at the stage
Access to educafional programs presenfed af the stage thatare targeted to underserved King County
populatlons such as students, senior atiiens, or other specificaudiences
The Contractor agrees to widelypubiicize its pi blic benefitperfortnances, events and progrems throughout Kng
County and to track the numbec of pubfic benefit events and audfences served by such programs.
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