HomeMy WebLinkAbout07-16-2012 Council Agenda Packet
City Council Meeting
July 16, 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
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. July 9, 2012 Minutes* (Peloza)
B.Planning & Community Development
1. July 9, 2012 Minutes* (Backus)
C.Public Works
1. July 2, 2012 Minutes* (Wagner)
D.Finance
1. July 2, 2012 Minutes* (Partridge)
E.Les Gove Community Campus
1. June 11, 2012 Meeting* (Wagner)
F.Council Operations Committee
Page 1 of 391
IV.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 July 2, 2012 Regular Meeting*
B. Minutes of the July 10, 2012 Special Meeting*
C. Claims Vouchers (Partridge/Coleman)
Claims check numbers 415142 through 415530 in the amount of $3,435,856.05
and dated July 16, 2012.
D. Payroll Vouchers (Partridge/Coleman)
Payroll check numbers 533053 through 533087 in the amount of $903,077.01 and
electronic deposit transmissions in the amount of $1,200,895.91 for a grand total of
$2,103,972.92 for the period covering June 28, 2012 to July 11, 2012.
E. Public Works Project No. CP1006* (Wagner/Dowdy)
City Council approve Final Pay Estimate No. 14 to Contract No. 11-05 in the
amount of $7,271.04 and accept construction of Project No. CP1006, Lakeland
Hills Reservoir 6
F. Public Works Project No. CP1108* (Wagner/Dowdy)
City Council approve rejecting all bids for Contract No. 11-14 for Project No.
CP1108, 2011 Citywide Storm Pond Cleaning
G. Property Damage Release* (Partridge/Heineman)
City Council accept property damage settlement from GEICO.
(ACTION REQUESTED: City Council approve the Consent Agenda.)
V.UNFINISHED BUSINESS
There is no unfinished business.
VI.NEW BUSINESS
There is no new business.
VII.ORDINANCES
A. Ordinance No. 6408* (Backus/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Section 18.31.200 of the Auburn City Code relating to administration of
architectural and site design review standards
(ACTION REQUESTED: City Council introduce and adopt Ordinance No. 6408.)
B. Ordinance No. 6414* (Backus/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Section 12.64A.030 of the Auburn City Code and creating a Section 13.40.040 and
a new Chapter 17.28 of the Auburn City Code, relating to the installation of City-
owned improvements
Page 2 of 391
(ACTION REQUESTED: City Council introduce and adopt Ordinance No. 6414.)
C. Ordinance No. 6416* (Backus/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, creating a
Section 1.04.060 of the Auburn City Code and amending Section 18.02.020 of the
Auburn City Code, relating to conflicts with State or Federal law and Engrossed
Second Substitute Senate Bill 5073 regarding medical cannabis collective gardens
and medical cannabis dispensaries
(ACTION REQUESTED: City Council introduce and adopt Ordinance No. 6416.)
D. Ordinance No. 6417* (Peloza/Coleman)
An Ordinance of the City Council of the City of Auburn, Washington, repealing
Chapter 2.14 of the Auburn City Code relating to Municipal Court System
(ACTION REQUESTED: City Council introduce and adopt Ordinance No. 6417.)
E. Ordinance No. 6418* (Backus/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Sections 17.09.035, 17.09.050, 17.09.070, 17.09.110, 17.10.020, 17.10.050 and
17.10.110 of the Auburn City Code relating to land adjustments and divisions
(ACTION REQUESTED: City Council introduce and adopt Ordinance No. 6418.)
F. Ordinance No. 6419* (Backus/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Sections 18.29.060, 18.29.070, 18.31.020, 18.31.120, 18.52.020 and 18.60.020 of
the Auburn City Code as housekeeping measures
(ACTION REQUESTED: City Council introduce and adopt Ordinance No. 6419.)
G. Ordinance No. 6420* (Backus/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Section 19.02.050 of the Auburn City Code related to school impact fees
(ACTION REQUESTED: City Council introduce and adopt Ordinance No. 6420.)
VIII.RESOLUTIONS
A. Resolution No. 4833* (Peloza/Coleman)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor and City Clerk to execute an Interlocal Agreement between the City of
Auburn and King County for District Court services
(ACTION REQUESTED: City Council adopt Resolution No. 4833.)
B. Resolution No. 4834* (Peloza/Coleman)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor and City Clerk to execute a Lease Agreement between the City of Auburn
and King County for District Court services in Auburn's court facilities
(ACTION REQUESTED: City Council adopt Resolution No. 4834.)
Page 3 of 391
C. Resolution No. 4835* (Wagner/Snyder)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
negotiations and execution of a contract for non-profit facilitator services with the
National Development Council for the Auburn Community Center at the Les Gove
Community Campus
(ACTION REQUESTED: City Council adopt Resolution No. 4835.)
D. Resolution No. 4836* (Backus/Snyder/Heid/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor to execute documents for the transfer and exchange of real property
between the City and the Washington State Department of Transportation
regarding Phase II of the Auburn Environmental Park
(ACTION REQUESTED: City Council adopt Resolution No. 4836.)
E. Resolution No. 4837* (Wagner/Faber)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
modification of a contract previously authorized with the passage of Resolution No.
4406 with Virginia Paquette for public art at the Auburn Community Center at the
Les Gove Community Campus
(ACTION REQUESTED: City Council adopt Resolution No. 4837.)
F. Resolution No. 4840* (Wagner/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor to award the bid and execute an agreement with the lowest responsible
bidder for construction of Public Works Contract Number 12-14 for Project
EM0902, Flood Control Barrier Removal
(ACTION REQUESTED: City Council adopt Resolution No. 4840.)
G. Resolution No. 4841* (Backus/Snyder)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor and City Clerk to sign an amendment to the 1998 Interlocal Agreement with
the Port of Seattle related to wetland mitigation
(ACTION REQUESTED: City Council adopt Resolution No. 4841.)
IX. 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
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.
Page 4 of 391
*Denotes attachments included in the agenda packet.
Page 5 of 391
AGENDA BILL APPROVAL FORM
Agenda Subject:
July 9, 2012 Minutes
Date:
July 12, 2012
Department:
Police
Attachments:
July 9, 2012 Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Municipal Services
Councilmember:Peloza Staff:
Meeting Date:July 16, 2012 Item Number:MS.1
AUBURN * MORE THAN YOU IMAGINEDMS.1 Page 6 of 391
Municipal Services Committee
July 9, 2012 - 3:30 PM
City Hall Conference Room 3
MINUTES
I. CALL TO ORDER
Chair Peloza called the meeting to order at 3:30 p.m. in Conference Room 3 of City
Hall, 25 W. Main Street, Auburn, WA.
A. Roll Call
Members present: Chair Peloza, Vice Chair Osborne, Member Wales.
Staff present: Mayor Pete Lewis, Councilmember John Partridge,
Councilmember John Holman, Chief of Police Bob Lee, Assistant Chief of Police
Bill Pierson, Commander Dave Colglazier, Officer James Hopper, City Attorney
Dan Heid, Public Works Director Dennis Dowdy, Planning and Development
Director Kevin Snyder, Finance Director Shelley Coleman, Human Resources/Risk
Management Director Brenda Heineman, Auburn Municipal Court Administrator
Gail Cannon, Auburn Municipal Court and Probation Services Manager Greg
Bockh, Project/Construction Manager Steve Burke, Project Engineer Leah
Dunsdon, Senior Planner Hillary Taylor, and Police Secretary/Scribe Terry
Mendoza. Others present: King County District Court Presiding Judge Corinna
Harn, King County District Court Interim Chief Administrative Officer Jill Dorsey,
King County District Court Probation Director Judy Garcia, Noffke's Towing
General Manager Shannon Tate, and citizen Scot Pondelick.
B. Announcements
C. Agenda Modifications
II. CONSENT AGENDA
A. June 25, 2012 Minutes
Member Wales moved to accept the Minutes as presented. Vice Chair Osborne
seconded the motion.
MOTION PASSED: 3-0
B. Public Works Project No. MS1110 (Dunsdon)
Approve Final Pay Estimate No. 4 to Small Works Contract No. 11-21 in the
Amount of $0 and Accept Final Construction of Project No. MS1110, Jacobsen
Tree Farm and Fields Residential Buildings Demolition Project.
Page 1 of 4
MS.1 Page 7 of 391
Vice Chair Osborne moved to forward to full Council for consideration. Member
Wales seconded.
MOTION PASSED: 3-0
C. Public Works Project No. CP1210 (Dowdy/Dunsdon)
Approve Award of Small Works Contract No. 12-11, to the Lowest Responsible
Bidder for Project No. CP1210, Auburn Valley Humane Society Site Work
Improvements Project.
Vice Chair Osborne moved to forward to full Council for consideration. Member
Wales seconded.
MOTION PASSED: 3-0
III. ACTION
A. Ordinance No. 6417 (Coleman)
An Ordinance of the City Council of the City of Auburn, Washington, repealing
Chapter 2.14 of the Auburn City Code relating to Muncipal Court System.
Vice Chair Osborne moved to forward to full Council for consideration. Member
Wales seconded.
MOTION PASSED: 3-0
B. Resolution No. 4833 (Coleman)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor and City Clerk to execute an Interlocal Agreement between the City of
Auburn and King County for District Court services.
Vice Chair Osborne moved to forward to full Council for consideration. Member
Wales seconded.
MOTION PASSED: 3-0
C. Resolution No. 4834 (Coleman)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor and City Clerk to execute a Lease Agreement between the City of Auburn
and King County for District Court services in Auburn's court facilities.
Vice Chair Osborne moved to forward to full Council for consideration. Member
Wales seconded.
MOTION PASSED: 3-0
Page 2 of 4
MS.1 Page 8 of 391
IV. DISCUSSION ITEMS
A. Ordinance No. 6416 - Amendment to ACC Section 1.04.060 and
Section 18.02.020 Related to Collective Gardens. (Taylor)
Senior Planner Taylor presented information on Ordinance No. 6416 and the
Planning Commission's recommendation on proposed zoning code amendments.
This is an Ordinance of the City Council of the City of Auburn, Washington,
creating a Section 1.04.060 of the Auburn City Code and amending Section
18.02.020 of the Auburn City Code, relating to conflicts with State or Federal Law
and engrossed second substitute Senate Bill 5073 regarding medical Cannabis
collective gardens and medical Cannibis dispensaries.
Vice Chair moved to forward to full Council for consideration. Member Wales
seconded.
MOTION PASSED: 3-0
B. Auburn Valley Humane Society - Schedule Update (Burke)
Project/Construction Manager Burke provided a schedule update on the Auburn
Valley Humane Society project. The site development portion of the work is
currently in the bidding phase and bids are due July 12, 2012. Work is scheduled
to be complete before November 30, 2012. Interior construction is currently
approximately 65% complete with final completion set for August 13, 2012. The
purchase of the Animal Control Officer's vehicle and equipment is finalized - ahead
of schedule and within budget. The recruitment phase for the hiring of an Animal
Control Officer has begun and an employment offer is anticipated before October
1, 2012. All project tasks are on schedule.
C. Towing (Lee)
Assistant Chief of Police Pierson provided information related to towing services
for the Auburn Police Department. The current system of rotating between five
different towing companies appears to be working. After a recent audit of the last
six months tow companies are averaging 30-40 impounds each per month. The
audit also included reviewing towing invoices based on complaints of over billing.
Two of the companies were found to be overcharging on police impounds. As a
result of this finding the two companies were sent certified letters stating they
immediately conform to the Washington State Patrol rates or they will be removed
from the tow rotation list. A review will be done in September to determine
compliance and an update provided to the committee at that time.
D. Patrol Operations (Colglazier)
Commander Colglazier and Officer Hopper provided information related to Patrol
Operations at the Auburn Police Department. Assigned to this division are 2
Commanders, 7 Sergeants, 58 patrol officers and 2 K9's. There are 4 shifts and 6
patrol districts. Some of the shifts overlap so as to provide maximum coverage
during peak hours. Auburn PD provides several specialty assignments for patrol
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MS.1 Page 9 of 391
officers to include K9, Field Training Officer (FTO), Bicycle, Mall Officer, and
School Resource Officer.
E. Matrix
The following changes were made to the matrix:
Item 20P: Review date changed to 8/13/12.
Item 24P: Review date changed to 8/13/12.
Item 28P: Review date changed to 11/13/12.
Item 32P: This item is added to the matrix. The Project Description is Towing with
the lead being Chief of Police Bob Lee. The review date is set for 9/10/12. The
status reflects a follow-up report from the 7/9/12 meeting.
V. ADJOURNMENT
The meeting was adjourned at 5:12 p.m. The next meeting of the Municipal Services
Committee is Monday, July 23, 2012 at 3:30 p.m. in Conference Room 3, City Hall, 25
W. Main Street, Auburn, WA.
Signed this __________ day of July, 2012.
____________________________ _______________________________
Bill Peloza, Chair Terry Mendoza, Police Secretary/Scribe
Page 4 of 4
MS.1 Page 10 of 391
AGENDA BILL APPROVAL FORM
Agenda Subject:
July 9, 2012 Minutes
Date:
July 10, 2012
Department:
Planning and Development
Attachments:
Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
For information only, see attached minutes.
Background Summary:
Reviewed by Council Committees:
Councilmember:Backus Staff:
Meeting Date:July 16, 2012 Item Number:PCD.1
AUBURN * MORE THAN YOU IMAGINEDPCD.1 Page 11 of 391
Planning and Community
Development
July 9, 2012 - 5:00 PM
Annex Conference Room 2
MINUTES
I. CALL TO ORDER
Chair Nancy Backus called the meeting to order at 5:00 p.m. in Annex Conference
Room 2 located on the second floor of the One Main Professional Plaza, One East
Main Street, Auburn, Washington.
A. Roll Call
Chair Nancy Backus, Vice-Chair John Partridge, and Member John Holman were
present. Also present were Mayor Pete Lewis, Planning and Development
Director Kevin Snyder, Planning Manager Elizabeth Chamberlain, Public Works
Director Dennis Dowdy, Economic Development Manager Doug Lein, Economic
Development Planner William Thomas, Principal Planner Jeff Dixon, Senior
Planner Hillary Taylor, Traffic Engineer Pablo Para, City Attorney Dan Heid,
Environmental Protection Manager Chris Andersen, Sewer Utility Engineer Bob
Elwell, Planning Intern Gary Yao, and Planning Secretary Tina Kriss.
Members of the public present were: Scot Pondelick and Robert Whale of the
Auburn Reporter.
B. Announcements
1. Presentation - Downtown Parking Survey Results (Yao)
Findings of the Draft Downtown Parking Survey Report
(Comprehensive Downtown Parking Management Plan - Task 2)
Planning Intern Gary Yao provided a PowerPoint presentation on the
Downtown Parking Survey results. The Downtown Parking Survey is part 2 of
the overall Downtown Parking Management Plan project. The City conducted
three surveys with online surveys targeted to Auburn citizens at large,
Downtown business and property owners, and face to face interviews with a
selection of downtown stakeholders.
The Downtown Parking Survey found that a lack of parking is not an all-
encompassing problem in the downtown from the Auburn citizens’
perspective but from the downtown businesses owner/property owner
perspective there is a parking problem. There are localized problems with
downtown parking at key locations such as the hospital and transit
center. The survey results show there is no need for new parking at this time
and survey takers were unwilling to pay for additional parking. Additional
parking may be needed once redevelopment happens and there is a higher
Page 1 of 6
PCD.1 Page 12 of 391
demand for parking.
The Committee and staff discussed the results of the survey. Director Snyder
stated the next steps in the Downtown Parking Management Plan project will
be to prepare an outline of the final recommendations report and parking
strategies as well as plan for a public open house in the fall.
C. Agenda Modifications
There are no agenda modifications.
II. CONSENT AGENDA
A. Minutes - June 25, 2012 (Snyder)
Vice-Chair Partridge moved and Member Holman seconded to approve the June
25, 2012 minutes as written.
MOTION CARRIED UNANIMOUSLY. 3-0
III. ACTION
A. Resolution No. 4831 (Dowdy/Para)
A Resolution of the City Council of the City of Auburn, Washington,
Setting a Hearing Date in Relation to Amending the 2012-2017
Transportation Improvement Program of the City of Auburn Pursuant
to R.C.W. Chapter 35.77.
Vice-Chair Partridge moved and Member Holman seconded to move Resolution
No. 4831 to full City Council to set a time and date for a public hearing to amend
the 2012-2017 Transportation Improvement Program.
MOTION CARRIED UNANIMOUSLY. 3-0
B. Ordinance No. 6408 (Dixon)
Ordinance No. 6408, proposed zoning amendments to ACC Section
18.31.200 related to architectural and site design review standards
and regulations.
Vice-Chair Partridge moved and Member Holman seconded to recommend to the
full City Council approval of Ordinance No. 6408.
MOTION CARRIED UNANIMOUSLY. 3-0
IV. DISCUSSION ITEMS
A. Resolution No. 4836 (Snyder/Heid/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to execute the transfer and exchange of real
property between and with the Washington State Department of
Transportation regarding Phase II of the Auburn Environmental Park.
Page 2 of 6
PCD.1 Page 13 of 391
Public Works Director Dennis Dowdy reviewed Resolution No. 4836, authorizing
the Mayor to execute documents for the transfer and exchange of real property
between the City and the Washington State Department of Transportation
(WSDOT) for property located west of SR 167 and South of 15th Street NW. The
portion of property the City would receive is part of the Auburn Environmental Park
Phase 2.
After discussing the terms of the agreement Committee stated they are
encouraged and supportive of the agreement; Committee determined they would
take action on Resolution No. 4836.
Vice-Chair Partridge moved and Member Holman seconded to move Resolution
No. 4836 to full City Council for approval.
MOTION CARRIED UNANIMOUSLY. 3-0
B. Resolution No. 4832 (Dowdy/Para)
A Resolution of the City Council of the City of Auburn, Washington,
Amending the 2012-2017 Six-Year Transportation Program of the City
of Auburn Pursuant to R.C.W. Chapter 35.77.
Traffic Engineer Pablo Para reviewed the proposed modification to the Auburn
2012-2017 Transportation Improvement Program (TIP). The City was recently
awarded a grant from the Washington State Department of Transportation
(WSDOT) for $2,333,108 with no match requirement to complete corridor capacity
and safety improvements on Auburn Way South between Muckleshoot Plaza and
Dogwood Street SE. As part of the award, Auburn is required to add the project to
the City's 2012-2017 TIP and State Transportation Improvement Program (STIP).
Staff will be bringing this item back to Committee for action on July 23, 2012.
Committee was supportive of Resolution No. 4832.
C. 2013-2018 Transportation Improvement Program Update
(Dowdy/Para)
Review the draft six-year Transportation Improvement Program.
Traffic Engineer Pablo Para reviewed the proposed 2013-2018 Transportation
Improvement Program (TIP) with the Committee. Committee and staff discussed
the deletions (completed items) and additions to the program. The proposed
schedule for review of the draft 2013-2018 TIP was also discussed.
D. Ordinance No. 6416 - Amendment to ACC Section 1.04.060 and
Section 18.02.020 Related to Collective Gardens. (Taylor)
Review Planning Commission's recommendation on proposed zoning
code amendments ACC Section 1.04.060 "Conflict and Ordinances
with State and Federal Law" and Section 18.02.020, "Authority to
Adopt Code", related to collective gardens.
Senior Planner Hillary Taylor briefed the Committee on Ordinance No. 6416.
Page 3 of 6
PCD.1 Page 14 of 391
Committee was supportive of creating a section 1.04.060 of the Auburn City Code
and amending section 18.02.020 of the Auburn City Code relating to conflicts with
State or Federal Law in regards to Engrossed Second Substitute Senate Bill
5073 on medical cannabis collective gardens and medical cannabis dispensaries.
Vice-Chair Partridge moved and Member Holman seconded to forward Ordinance
No. 6416 to full City Council for review and approval.
MOTION CARRIED UNANIMOUSLY. 3-0
E. Ordinance No. 6418 - Amendment to City Code (Chamberlain)
Review Planning Commission's recommendation on amendments to
Chapters 17.09 and 17.10 of Title 17 Land Adjustments and Divisions.
Planning Manager Elizabeth Chamberlain reviewed Ordinance No. 6418,
proposed code amendments to Chapter 17.09 and 17.10 within Title 17, Land
Adjustments and Divisions of the Auburn City Code. The Committee discussed the
proposed changes and determined after review they would move this item forward
for action.
Vice-Chair Partridge moved and Member Holman seconded to approve Ordinance
No. 6418, amendments to Chapter 17.09 and 17.10 within Title 17, Land
Adjustments and Divisions of the Auburn City Code to full City Council for review
and approval.
MOTION CARRIED UNANIMOUSLY. 3-0
F. Ordinance No. 6419 - Amendment to City Code (Chamberlain)
Review Planning Commission's recommendations on amendments to
Title 18, Zoning, related to the Downtown Urban Center Zone,
Supplemental Development Standards, Parking, and Home
Occupations.
Planning Manager Elizabeth Chamberlain reviewed the proposed code
amendments with the Committee. During the discussion a question was raised
about portable signage along Main Street and sign clutter. After discussion the
Committee determined to leave the proposed code language unchanged. The
discussion concluded with the Committee determining they would move this item
forward for action.
Vice-Chair Partridge moved and Member Holman seconded to move Ordinance
No. 6419 forward to full City Council for approval.
MOTION CARRIED UNANIMOUSLY. 3-0
G. Ordinance No. 6420 - Amendment to City Code (Chamberlain)
Review Planning Commission's recommendations on amendments to
Chapter 19.02 (School Impact Fees).
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PCD.1 Page 15 of 391
Planning Manager reviewed Ordinance No. 6420 with the Committee; Committee
was supportive of the proposed amendments and took action.
Vice-Chair Partridge moved and Member Holman seconded to move Ordinance
No. 6420, amending Chapter 19.02 to full Council for review and approval.
MOTION CARRIED UNANIMOUSLY. 3-0
H. Ordinance No. 6414 - Amendment to Auburn City Code
(Chamberlain)
Review Planning Commission recommendation on amendments to
Section 12.64A.030, Chapter 13,40 and Creating a New Chapter
17.28.
Planning Manager Elizabeth Chamberlain reviewed Ordinance No. 6414,
proposed amendments to Auburn City Code, Section 12.64A.030, Chapter 13.40,
and New Chapter 17.28. The Committee discussed whether the requirements are
absolutes or is flexibility built in, staff responded that there is flexibility in the
regulations.
After review, Committee determined they would move Ordinance No. 6414
forward as an action item.
Vice-Chair Partridge moved and Member Holman seconded Ordinance No. 6414
forward to full City Council for approval.
MOTION CARRIED UNANIMOUSLY. 3-0
I. Director's Report (Snyder)
Director Snyder stated the City Building Official, Rick Hopkins, will be resigning
with the City of Auburn and beginning employment with Pierce County as their
building official. Planning Manager Elizabeth Chamberlain stated the
outdoor sculpture garden project will be going to bid on the 10th of July with bids
due July 24th.
J. PCDC Matrix (Snyder)
Committee and staff discussed several items; no changes or additions were
recommended.
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PCD.1 Page 16 of 391
V. ADJOURNMENT
There being no further business to come before Committee, the meeting was adjourned
at 6:41.
DATED THIS __________ DAY OF __________________, 2012.
_______________________________ _________________________________
Nancy Backus - Chair Tina Kriss - Planning Secretary.
Page 6 of 6
PCD.1 Page 17 of 391
AGENDA BILL APPROVAL FORM
Agenda Subject:
July 2, 2012 Minutes
Date:
July 11, 2012
Department:
Public Works
Attachments:
July 2, 2012 Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:
Meeting Date:July 16, 2012 Item Number:PW.1
AUBURN * MORE THAN YOU IMAGINEDPW.1 Page 18 of 391
Public Works Committee
July 2, 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: Mayor Pete Lewis,
Public Works Director Dennis Dowdy, Assistant City Engineer Ingrid
Gaub, Utilities Engineer Dan Repp, Engineering Aide Amber Mund,
Traffic Engineer Pablo Para, Project Engineer Kim Truong, Street
Systems Engineer Seth Wickstrom, Water Utility Engineer Cynthia
Lamothe, Assistant Police Chief William Pierson, Emergency
Preparedness Manager Sarah Miller, Recreation Program/Marketing
Manager Julie Brewer, Solid Waste Recycling Coordinator Joan
Nelson, Finance Director Shelley Coleman, City Attorney Dan Heid,
Director of Human Resources/Risk Management Brenda Heineman,
citizen Scot Pondelick, and Public Works Secretary Jennifer Rigsby.
B. Announcements
There were no announcements.
C. Agenda Modifications
There were two agenda modifications, Consent Agenda Item I, Public
Works Banner Pole Foundation Repair Project and Discussion Item E,
Auburn Municipal Court.
II. CONSENT AGENDA
A. Approval of Minutes
Councilmember Peloza moved and Councilmember
Osborne seconded to approve the minutes of the June 18, 2012
Public Works Committee Meeting, as corrected.
Vice-Chair Peloza noted a Scribner’s error on the last page of the
minutes.
Page 1 of 9
PW.1 Page 19 of 391
Motion Carried Unanimously. 3-0.
B. Right-of-Way Use Permit No. 12-15* (Brewer/Welsh)
Councilmember Peloza moved and Councilmember
Osborne seconded to approve the amendment to Right-of-Way Use
Permit No. 12-15 for the Parks and Recreation Department
ArtRageous.
Chairman Wagner explained that the Committee had concerns
regarding children crossing Auburn Avenue at the Main Street
intersection to reach activities. Program/Marketing Manager Brewer
stated there will be additional signage and the children’s activities are
located a greater distance apart than they have it the past to help
prevent children from moving quickly from one activity to the next.
Chairman Wagner asked if there will be staff available to monitor the
crossing. Program/Marketing Manager Brewer stated that there are no
staff currently assigned to monitor the crossing, but there may be
volunteers available to assist.
Chairman Wagner asked if the activities can be separated even further
than they currently are to help prevent children from rushing across
the street. Program/Marketing Manager Brewer confirmed that would
be possible.
Program/Marketing Manager Brewer answered questions asked by
Member Osborne regarding the events on the east side of Auburn
Way North.
Chairman Wagner noted that since the goal is to have more City
events in the downtown area, staff needs to be aware of each event’s
demographic and take certain safety precautions, especially for
children’s events.
Motion Carried Unanimously. 3-0.
C. Right-of-Way Use Permit No. 12-18 (Welsh)
Councilmember Peloza moved and Councilmember
Osborne seconded to approve Right-of-Way Use Permit No. 12-18 for
Emergency Management’s Disaster Fair.
Emergency Preparedness Manager Miller stated that her staff has
coordinated with the Farmers’ Market and the two events are cross
promoting and doing some activities together, in response to a
question asked by Chairman Wagner.
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PW.1 Page 20 of 391
Member Osborne asked if the City Hall Plaza and extended plaza
areas can be used for the fair. Emergency Preparedness Manager
Miller answered that the plaza areas are being used but there will be a
fire truck and larger equipment at the fair and those cannot be parked
on the Plaza areas but will be in the street instead.
Motion Carried Unanimously. 3-0.
D. Public Works Project No. CP1121 (Wickstrom)
Councilmember Peloza moved and Councilmember
Osborne seconded to recommend City Council grant permission to
advertise for bids for Project No. CP1121, 2011/2012 City Sidewalk
Repair Project.
Street Systems Engineer Wickstrom explained that the south eastern
area, as per the project vicinity map, is an area that was almost
completed during the bi-annual project two years ago, so this year the
area has been included in the scope in order to complete it. Wickstrom
reported that he is aware of a lot of public complaints regarding the
condition of the sidewalks in that particular area.
Vice-Chair Peloza asked that the 1100 block of Harvey Road be given
priority. Street Systems Engineer Wickstrom stated that as part of the
contract, Harvey Road work is expected to be completed first. Mayor
Lewis stated that the work at each location on Harvey Road should be
completed as needed, recognizing the urgency of repairing the 1100
block section. The Committee agreed.
Motion Carried Unanimously. 3-0.
E. Public Works Project No. CP1201 (Wickstrom)
recommend City Council award Contract No. 12-08 to SCI
Infrastructure LLC on their low bid of $1,200,811.00 plus Washington
State sales tax of $30,286.86 for a Total Contract Price of
$1,231,167.86 for Project No. CP1201, 2012 Local Street Pavement
Reconstruction.
Vice-Chair Peloza asked if the work on J Street SE will be similar to
the work being completed on H Street SE. Street Systems Engineer
Wickstrom answered that the work will be very similar in terms of
infrastructure.
Street Systems Engineer Wickstrom responded to questions asked by
Vice-Chair Peloza regarding recycling concrete.
F. Public Works Project No. CP1206 (Wickstrom)
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PW.1 Page 21 of 391
Councilmember Peloza moved and Councilmember
Osborne seconded to recommend City Council award Contract No.
12-10 to Puget Paving and Construction on their low bid of
$1,261,713.50 for Project No. CP1206, 2012 Pavement Patching,
Chipseal, and Overlay Project.
Street Systems Engineer Wickstrom stated that notices explaining the
double chipseal process will be distributed to property owners within
the affected project areas, in response to a question asked by
Chairman Wagner.
Chairman Wagner asked about signage. Street Systems Engineer
Wickstrom stated the Save Our Streets signage for the local roads will
be in place as well as construction warning signs, in response to
questions asked by Chairman Wagner and Member Osborne. Mayor
Lewis asked that the contractor also put up Loose Gravel signs on the
chipseal streets.
Motion Carried Unanimously. 3-0.
G. Public Works Consultant Agreement No. AG-C-415 (Repp/Lamothe)
Councilmember Peloza moved and Councilmember
Osborne seconded to recommend City Council grant permission to
enter into Consultant Agreement No. AG-C-415 with HDR Engineering
Inc., for engineering services for Water Utility Meter and Billing System
Improvements, as amended.
Utilities Engineer Repp addressed the Committee and explained that
the radio read meter equipment the City is currently using is not
compatible with the more advanced equipment now used in the
industry. Repp stated rather that continuing to install the current radio
read meters; staff is recommending evaluating the City’s current
equipment and the industry’s new technologies to develop a range of
options for the City to consider.
Water Utility Engineer Lamothe stated that the consultant will be
examining system conversion implementation issues, such as how
much of the City’s inventory can be utilized and salvaged and how the
process would take place, in response to a question asked by
Chairman Wagner regarding the scope of work.
Utilities Engineer Repp and Water Utility Engineer Lamothe reviewed
the scope of work with the Committee.
Chairman Wagner asked that the scope of work be more specific and
include the alternative of salvaging and using some of the City’s
current equipment.
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PW.1 Page 22 of 391
Utilities Engineer Repp stated that the intent of the scope of work is to
evaluate alternatives and creating a decision process, and there is
more focus on AMI technology because of the complexity of the
system and the benefits it can provide, in response to a question
asked by Member Osborne.
Utilities Engineer Repp reviewed the different technologies being used
by neighboring jurisdictions, in response to a question asked by Vice-
Chair Peloza.
Utilities Engineer Repp stated that visiting and reaching out to other
jurisdictions that are working on or have complete similar projects is
part of the consultant’s scope of work, in response to a question asked
by Member Osborne.
Utilities Engineer Repp responded to a question asked by Vice-Chair
Peloza regarding the necessity to use a consultant to complete the
scope of work instead of working directly with neighboring
jurisdictions. Director Dowdy pointed out how every jurisdiction’s water
and communications systems vary so we need advice on how to work
with Auburn’s specific systems.
Water Utility Engineer Lamothe answered questions asked by Member
Osborne regarding the consultant budget.
Utilities Engineer Repp stated the consultant work and the upgrade is
included in the Capital Improvement Plan and rate study. Water
Engineer Lamothe state that there is $2 million budgeted for the
upgrade portion of the project, in response to a statement made by
Member Osborne.
Motion Carried Unanimously. 3-0.
H. Public Works Project No. EM0902 (Truong)
Councilmember Peloza moved and seconded to recommend City
Council grant permission to advertise for bids for Project No. EM0902,
Temporary Flood Control Barriers Project.
Motion Carried Unanimously. 0-0.
I. Public Works Banner Pole Repair Project* (Gaub)
Councilmember Peloza moved and Councilmember
Osborne seconded to recommend City Council approve initiation of
the Public Works Banner Pole Repair Project.
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PW.1 Page 23 of 391
The Committee and staff discussed the repair options; (a) repairing the
banner pole foundation only and (b) repairing both the banner pole
foundation and the surrounding settled sidewalk area. Director Dowdy
spoke about the condition of the sidewalk and curbs along Main
Street.
Director Dowdy explained that once work has commenced, it may be
discovered that there has been additional settlement and the sidewalk
and/or street area may need to be repaired in addition to the banner
pole foundation. Director Dowdy pointed out that the estimated cost of
the project is not budgeted.
The Committee and staff discussed the possible causes of the
settlement. The Committee and staff reviewed the project vicinity
map. Director Dowdy stated that following excavation, if the settlement
area appears to be larger than the area highlighted on the map, staff’s
recommendation is to repair the banner pole foundation and return to
Committee to discussed options for repairing the remaining
surrounding area at a later date. The Committee agreed.
The Committee and staff discussed if the damages may be covered by
insurance.
Director Dowdy stated that the project is unbudgeted and the cost
exceeds the Mayor’s authority, so the initiation of the project needs to
be approved by Council, in response to a question asked by Chairman
Wagner.
It was decided that if repairs to the sidewalk are made, staff will try to
match the existing boardwalk color and design.
Motion Carried Unanimously. 3-0.
III. RESOLUTIONS
A. Resolution No. 4830 (Dowdy)
A Resolution of the City Council of the City of Auburn, Washington,
Authorizing the Mayor and City Clerk to Execute an Interlocal
Agreement with King County for the Completion of the Emergency
Flood Protection Measures Project
Councilmember Peloza moved and Councilmember
Osborne seconded to that the Committee recommend City Council
adopt Resolution No. 4830.
Director Dowdy spoke about the cost sharing and funding for the cost
of removal of the flood barriers. Director Dowdy stated that King
County funds will be allocated as if they were grant funds. King County
Page 6 of 9
PW.1 Page 24 of 391
is covering 75% of cost and the City will be funding 25% either in full
or by borrowing the funds from the City’s allocated Opportunity Fund
of the Flood Control District.
Director Dowdy, Mayor Lewis and the Committee discussed project
funding. The decision was made to use the Opportunity Fund unless
costs exceed the current estimates.
Director Dowdy answered questions asked by the Committee
regarding restoration of the levees to their original condition.
Assistant City Engineer Gaub stated that staff took photographs of
private properties prior to installation of the levees to assist in the
restoration process and there are allowances for the restoration in the
project estimate and contract.
The Committee and staff reviewed the Hold Harmless portion of the
agreement. Assistant City Engineer Gaub stated there are
approximately a dozen or so private residences back yards included in
the project. The remainder of the work is located within the King
County Levee system. Assistant City Engineer Gaub described the
location of the work included in the project scope, in response to a
question asked by Chairman Wagner regarding cost of property
restoration.
Vice-Chair Peloza noted a Scribner’s error which will be corrected.
Motion Carried Unanimously. 3-0.
IV. DISCUSSION ITEMS
A. Senior Utility Discount and Rebate (Coleman)
Councilmember Peloza moved and Councilmember
Osborne seconded to Finance Director Coleman reviewed the
existing program with the Committee. Coleman stated the rebates
were considered during the utility rate study.
The Committee discussed the cost for the programs & by consensus
agreed to continue the program as is.
Solid Waste Recycling Coordinator Nelson addressed questions asked
by Member Osborne regarding the rebate amounts for solid waste
customers.
Mayor Lewis stated that when the program was initiated it was done
so with the knowledge that the City would be covering the cost share
of the Metro sewer fees.
Page 7 of 9
PW.1 Page 25 of 391
Finance Director Coleman answered questions asked by Member
Osborne regarding discounts for customers who are high water
consumers.
The Committee stated their support for the program.
Motion Carried Unanimously. 0-0.
B. Auburn Way South (SR-164) Corridor Safety Project (Para)
Traffic Engineer Para reported that a grant has been secured to pay
for the project and so the Transportation Improvement Plan must now
be modified to obligate the funds.
Traffic Engineer Para reviewed the scope of the project for the
intersection at Auburn Way South and Riverwalk Drive SE, in
response to a question asked by Chairman Wagner.
C. Capital Project Status Report (Gaub)
Item 30 – CP1121 – 2011 Local Street Pavement Preservation Phase
2: Assistant City Engineer Gaub stated there is a failed sewer line
being repaired on 2nd Street NE that was not identified as a problem
until after paving the roadway, in response to a question asked by
Member Osborne.
Item 8 – C201A – M Street Underpass: Chairman Wagner asked if the
sidewalk supervisors have a place to view the project site. Assistant
City Engineer Gaub answered that there will probably not be a good
location to see the work going on and to bring people into the
construction site would not be safe. BNSF also does not want people
within their right-of-way.
Assistant City Engineer Gaub reported that the next closure for 6th
and 4th Streets NE is scheduled to begin July 23, 2012 and will last 4
weeks, to lower the roadway intersections.
Assistant City Engineer Gaub stated that the traffic signals on the M
Street detour route are monitored, in response to a question asked by
Chairman Wagner.
D. Activities Matrix (Dowdy)
Item B – Coal Creek Springs Field Trip: The field trip is scheduled for
July 24, 2012. Chairman Wagner reiterated that Environmental
Protection Manager Andersen should also be included.
E. Auburn Municipal Court* (Coleman/Heineman)
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PW.1 Page 26 of 391
Finance Director Coleman stated she included a 2013 column for the
Auburn Municipal Court and the King County District Court to the
spreadsheet provided to the Committee as part of the agenda
modification.
The Committee, Mayor Lewis and staff discussed the inclusion of the
Judge’s suggestions for reduction of services, into the proposal. Mayor
Lewis pointed out that the Council can assign a budget for court
services but cannot control the allocation of funds for each service, in
response to a statement made by Chairman Wagner. Director of
Human Resources/Risk Management Heineman explained that the
Court also has the ability to go over budget and the City has the
obligation to pay for the overrun, under state law.
Mayor Lewis stated that the points he made at the last Municipal
Services Committee are all that can be provided to Council.
V. ADJOURNMENT
There being no further business to come before the Public Works
Committee, the meeting was adjourned at 4:54 p.m.
Approved this 16th day of July, 2012.
Page 9 of 9
PW.1 Page 27 of 391
AGENDA BILL APPROVAL FORM
Agenda Subject:
July 2, 2012 Minutes
Date:
July 9, 2012
Department:
Administration
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Partridge Staff:
Meeting Date:July 16, 2012 Item Number:FN.1
AUBURN * MORE THAN YOU IMAGINEDFN.1 Page 28 of 391
Finance Committee
July 2, 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. City officials and staff members present included: Mayor Peter B.
Lewis, City Attorney Daniel B. Heid, Human Resources and Risk Management
Director Brenda Heineman, Finance Director Shelley Coleman, Economic
Development Manager Doug Lein, Public Works Director Dennis Dowdy, and
City Clerk Danielle Daskam. Also present was Scot Pondelick.
B. Announcements
There was no announcement.
C. Agenda Modifications
A four year comparison of Auburn Municipal Court costs was distributed for
discussion.
II. CONSENT AGENDA
A. Minutes of the June 18, 2012 regular meeting
Vice Chair Holman moved and Member Wales seconded to approve the June
18, 2012 minutes.
MOTION CARRIED UNANIMOUSLY. 3-0
B. Claims Vouchers (Coleman)
Claims check numbers 414555 through 415141 in the amount of
$1,506,474.58 and dated July 2, 2012.
Committee members reviewed the claims and payroll vouchers and briefly
discussed claims vouchers 414683, 414688, 414873, 414874, 414907,
414986, and 415136.
Member Wales moved and Vice Chair Holman seconded to approve claims
and payroll vouchers.
MOTION CARRIED UNANIMOUSLY. 3-0
C. Payroll Vouchers (Coleman)
Page 1 of 4
FN.1 Page 29 of 391
Payroll check numbers 533008 through 533052 in the amount of $273,877.81
and electronic deposit transmissions in the amount of $1,232,123.98 for a
grand total of $1,056.001.79 for the period covering June 14, 2012 to June 27,
2012.
See claims vouchers above for approval of payroll vouchers.
III. RESOLUTIONS
A. Resolution No. 4829 (Heid)
A Resolution of the City Council of the City of Auburn, Washington, expressing
its support for voter approval of the Valley Regional Fire Authority proposition
to continue a voter-authorized benefit charge each year for an additional six (6)
years
City Attorney Heid explained that the law allows the City Council to take
collective action in support of or opposing ballot measures. The issue appears
on the City Council agenda this evening where parties will be given the
opportunity to express opposing views.
Mayor Lewis advised that a representative of the Valley Regional Fire
Authority (VRFA) will be at the City Council meeting this evening to make a
presentation on the VRFA ballot measure.
Mayor Lewis explained that with the formation of the VRFA, two funding
mechanisms were approved--the use of the fire benefit charge and property
tax of $1.00 per $1,000 of assessed valuation. The fire benefit charge is
calculated based on occupancy type and square footage of the structure.
State law limits the amount of revenue derived from the fire benefit charge to
not more than sixty percent of the VRFA's operating expenses. The ballot
issue renews the existing fire benefit charge for an additional six years.
Vice Chair Holman inquired regarding the ramifications should the ballot issue
fail. Finance Director Coleman advised that the fire benefit charge is assessed
in lieu of an additional $0.50 per $1,000 assessed valuation property tax. If the
benefit charge ballot measure fails, additional property tax levy up to the $0.50
per $1,000 assessed valuation would be available.
Vice Chair Holman moved and Member Wales seconded to approve and
forward Resolution No. 4829 to the full Council.
MOTION CARRIED UNANIMOUSLY. 3-0
IV. DISCUSSION ITEMS
A. Resolution No. 4830 (Dowdy)
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor and City Clerk to execute an Interlocal Agreement with King County
for the completion of the Emergency Flood Protection Measures Project
Public Works Director Dowdy presented Resolution No. 4830 which authorizes
an interlocal agreement with King County for the completion of the Emergency
Page 2 of 4
FN.1 Page 30 of 391
Flood Protection Project and covers the removal of five miles worth of existing
flood prevention barriers installed by the City on the Green River levees.
The King County Flood Control Zone District identified up to $2,140,694 to be
used for removal of the barriers on the Green River levees and repairing the
levees. Approximately $1.6 million (75%) of the project will be funded by King
County funds and at Public Works Committee the remaining $535,174 (25%)
will be funded by a one percent loan from the District's Opportunity Fund.
The project will be advertised this week.
B. Public Works Banner Pole Repair Project (Dowdy)
Permission to initiate the Banner Pole Repair Project located at East Main
Street and B Street NE
Public Works Director Dowdy reported that staff detected settlement impacting
the light pole foundation at the northwest corner of East Main Street and B
Street NE. The pole serves as one anchor of the Main Street overhead
banner. The settlement is being caused by infiltration of groundwater.
The Public Works Committee, earlier today, recommended minimizing the
amount of money and only address the public safety issue of securing the
banner pole foundation.
C. Foreclosure of Local Improvement District Assessments (Ruth)
Finance Director Coleman reported that four property owners have not made
any payments on their assessments for Local Improvement District (LID) No.
350. LID No. 350 was formed in 2007 to improve sidewalks, curbs, gutters,
driveways, wheelchair ramps and landscape strips on M Street SE and in the
vicinity of Gildo Rey Elementary School.
Assistant City Attorney Ruth distributed a map of the LID area and properties.
Assistant City Attorney Ruth advised that the law provides that when a
property owner has not paid two installments, the City can foreclose on the
lien. The four property owners have received a billing notice, a warning notice,
and a notice of intent to foreclose. Last week, the City filed a King County
Superior Court case against the four individuals to foreclose their property.
The secured interest parties have also been notified. The property owners
have twenty days to respond. If there is no response, the Court will issue a
judgment for the amount of their debt and order their property sold. However,
if the value of the property is less than $125,000, the City may not be allowed
to foreclose the person's property.
For those properties the court approves foreclosure, the City will arrange for
the sale of the property at auction.
D. Senior Utility Discount and Rebate (Coleman)
Finance Director Coleman presented information on the senior utility discount
and rebate programs. Residents re-apply annually during the month of May to
receive either the discount or rebate.
Page 3 of 4
FN.1 Page 31 of 391
The City of Auburn offers reduced utility rates to seniors and permanently
disabled residents who meet certain income limits. Eligible residents receive a
50 percent discount on their City utility bill.
The City also offers a rebate to residents who meet the discount qualifications
but don't pay the City directly for their utilities. Eligible residents receive a
rebate check for the utilities that were paid for through their apartment complex
or mobile home park.
In 2012, 227 residents qualified for the discount program and 223 residents
qualified for the rebate program. The maximum rebate check was $570.28.
E. Auburn Municipal Court
Finance Director Coleman presented a spreadsheet of a four year comparison
of the Auburn Municipal Court, Probation, Community Service and King
County District Court. Director Coleman advised that the revised spreadsheet
was requested at the last Municipal Services Committee and includes the 2013
comparison estimates.
Upon further discussion, Director Heineman stated that the City does not have
the ability or resources to provide the services in the way that King County
can. She encouraged the Committee members to decide the amount of
General Fund monies to allocate to court and probation services.
Vice Chair Holman estimated at least $1 million a year in savings by moving to
King County for court services. Vice Chair Holman urged the Committee
members and Council to act as soon as possible on whether to contract for
court services from King County.
V. ADJOURNMENT
There being no further business to come before the Committee, the meeting adjourned
at 6:45 p.m.
APPROVED the 16th day of July 2012.
_________________________________ _________________________________
John Partridge, Chair Danielle Daskam, City Clerk
Page 4 of 4
FN.1 Page 32 of 391
AGENDA BILL APPROVAL FORM
Agenda Subject:
June 11, 2012 Meeting
Date:
July 12, 2012
Department:
Planning and Development
Attachments:
Agenda from meeting
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Wagner Staff:
Meeting Date:July 16, 2012 Item Number:CC.1
AUBURN * MORE THAN YOU IMAGINEDCC.1 Page 33 of 391
Les Gove Communi Cam uscmroF , .i: P
July 11, 2012 - 5:Q0 PM
Annex Conference Room 2
wASH NCTON` AGENDA
I. CALL TO ORDER
A. Roll Call
B. Announcemenffi
G.. Agenda Modifcations
II. _ CONSENT AGENDA
A. Minutes - May 22. 2012" (Snyderl
III. ACTION
A. Resolution No.4837* (Faberl
Modification to:Pubiic Arts Contract with rginia Paquette Previously Author¢ed
Under Resolution No. 4406.
B. Resolution No. 4835* (Snyderj
Resolution No. 4835 - Non-Profit Facilitator SerVices for the Aubum Community
Center at the Les Gove Community Campus
N. ADJOURNMENT
Agendas and minutes are available to the public atthe City Clerk's Of6ce, on the City vebsite
hito'//www:aubumwa.qov), and via e-maii. Complete agenda packets are available for review
at the City Glerk's O ce.
Denotes,attachments included in the agenda packet:
Page 1 of 57CC.1 Page 34 of 391
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the July 2, 2012 Regular Meeting
Date:
July 9, 2012
Department:
Administration
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:July 16, 2012 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 35 of 391
City Council Meeting
July 2, 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 Lewis called the meeting to order and led those in attendance in the
Pledge of Allegiance.
B. Roll Call
Councilmembers present: Nancy Backus, Bill Peloza, John Partridge, Largo
Wales, Wayne Osborne and John Holman. Councilmember Wagner arrived at
7:32 p.m.
Department directors and staff members present: Parks, Arts and Recreation
Director Daryl Faber, City Attorney Daniel B. Heid, Public Works Director
Dennis Dowdy, Assistant Police Chief William Pierson, Human Resources and
Risk Management Director Brenda Heineman, Finance Director Shelley
Coleman, Economic Development Manager Doug Lein, Economic Development
Planner Bill Thomas, and City Clerk Danielle Daskam.
C. Announcements, Appointments, and Presentations
1. Former Miss Washington Devanni Partridge
Councilmember Partridge introduced his daughter, Devanni Partridge, in
the audience this evening. Devanni is past Miss Auburn (2007), past Miss
Seattle (2009), and a former Miss Washington (2009). Devanni is
currently studying at the Palmer School of Chiropractic in Davenport,
Iowa.
2. Appointment to the Arts Commission
City Council to confirm the appointment of Alan Abdulkader to the Arts
Commission for a three year term expiring December 31, 2014.
Deputy Mayor Backus moved and Councilmember Peloza seconded to
confirm the appointment of Alan Abdulkader to the Arts Commission for a
term expiring December 31, 2014.
MOTION CARRIED UNANIMOUSLY. 6-0
3. Appointment to Parks and Recreation Board
Deputy Mayor Backus moved and Councilmember Wagner seconded to
confirm the appointment of Laura Keim to the Parks and Recreation Board
for a term expiring December 31, 2014.
MOTION CARRIED UNANIMOUSLY. 7-0
Page 1 of 9
CA.A Page 36 of 391
4. Presentation by Valley Regional Fire Authority
Assistant Chief Mike Gerber from the Valley Regional Fire Authority
(VRFA) presented information on VRFA's proposition that will appear on
the August 7, 2012 primary election ballot. The proposition requests
continued funding authority and use of the funding mechanism of a fire
service benefit charge. In November 2006, the voters approved the
formation of the VRFA and the use of the fire benefit charge and the
associated property tax of $1.00 per $1,000 assessed valuation to fund the
VRFA. While the regular property tax levy continues on an ongoing basis,
the fire benefit charge approval only applies for six years, and extensions
of the fire benefit charge, for further six year periods, need to be re-
approved by the voters.
The fire benefit charge is calculated based on occupancy type and square
footage of structures. Revenue derived from the fire benefit charge is
limited by state law to not exceed sixty percent of the VRFA's operating
budget.
Assistant Chief Gerber referred the Council and residents to the VRFA's
website for further information regarding the ballot issue.
D. Agenda Modifications
There was no change to the agenda.
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.
Lisa Doak, Tacoma, WA
Ms. Doak identified herself as a court clerk for the Auburn Municipal Court and
spoke about her duties as municipal court clerk. She spoke in favor of retaining
the Auburn Municipal Court rather than contracting court services from King
County.
Karen Parker, E Street SE, Auburn
Ms. Parker stated that she has been contracted by the Auburn Municipal Court
for the past several years to provide chemical dependency treatment to those
on probation. She spoke in favor of retaining the Auburn Municipal Court rather
than contracting with King County for court services.
Deanna Shoemaker, I Street NE, Auburn
Ms. Shoemaker spoke in favor of retaining the Auburn Municipal Court. She
spoke about her personal experience with chemical dependency and with the
court systems and probation.
Donna Johnston, Eastlake North, Seattle
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CA.A Page 37 of 391
Ms. Johnson stated that she is a contract public defender for the Auburn
Municipal Court and has been practicing law for over thirty years. She stated
that the differences between the King County District Court and the Auburn
Municipal Court are vast. She described the Auburn Municipal Court as
providing swift and sure justice.
Breonna Lenear, L Street, Auburn
Breonna Lenear read a letter from her mother, Robin Lenear, who has been a
court clerk with the Auburn Municipal Court for the past six years. Ms. Lenear
expressed concern with the City contracting with King County for court services
and urged the Council to retain the Auburn Municipal Court.
Kim Hunter, SE 284th, Auburn
Ms. Hunter, a criminal defense attorney, expressed support for retaining the
Auburn Municipal Court. She commended court staff for their performance and
Judge Burns for expediting domestic violence cases and offering treatment to
offenders. She urged the Council to retain the Auburn Municipal Court.
Tom Campbell, Hi Crest Drive, Auburn
Mr. Campbell stated he has already conveyed his opinion regarding the Auburn
Municipal Court in a separate letter to the Council.
Matthew Rusnak, M Street NE, Auburn
Mr. Rusnak is the current public defense attorney contracted by the City. He
spoke in favor of retaining the Auburn Municipal Court. He spoke in favor of a
policy to attempt to rehabilitate offenders first and then enforce penalties for
those offenders who do not comply. Mr. Rusnak stated that Auburn is a better
community because of the Auburn Municipal Court.
Sherri Hammond, H Street SE, Auburn
Ms. Hammond stated that she has worked for the Auburn Municipal Court for
sixteen years. She spoke of her satisfaction with her position with the court and
her respect for Auburn Municipal Court Judge Burns. She encouraged the
Council to retain the Auburn Municipal Court.
April Sterling, 52nd Avenue NE, Tacoma
Ms. Sterling stated that she is a treatment provider contracted by the Auburn
Municipal Court. She spoke in favor of retaining the Auburn Municipal Court.
C. Correspondence
There was no correspondence for Council review.
III. COUNCIL COMMITTEE REPORTS
A. Municipal Services
Chair Peloza reported the Municipal Services Committee met June 25, 2012.
The Committee considered Resolution No. 4828 accepting a $17,000 grant
from the Cultural Development Authority of King County ("4Culture"). The
Committee also discussed the solid waste working capital. The next regular
meeting of the Municipal Services Committee is scheduled for July 9, 2012 at
3:30 p.m.
B. Planning & Community Development
Page 3 of 9
CA.A Page 38 of 391
Chair Backus reported the Planning and Community Development Committee
met June 25, 2012. The Committee received the Washington State University
(WSU) Project Citizen Survey from Planning intern and Arizona State University
graduate student Ashley Gonsky. Ms. Gonsky conducted a survey of citizens
ranging in age from 30 to 80 years old about the types of uses they would
prefer to see in the Auburn Environmental Park (AEP) District. The information
from the survey will aid planners in developing design standards/guidelines and
zoning codes to support the AEP District. The Committee also reviewed
Resolution No. 4828 accepting a $17,000 grant from "4Culture" and reviewed
the May 2012 sales tax summary and the 2012 Annual Comprehensive Plan
amendments. The next regular meeting of the Planning and Community
Development Committee is scheduled for July 9, 2012 at 5:00 p.m.
C. Public Works
Chair Wagner reported the Public Works Committee met this afternoon at 3:30.
The Committee approved right-of-way use permits for the 2012 ArtRageous
event and an Emergency Management Disaster Fair. The Committee also
approved several contract administration items including permission to
advertise bids for Project No. CP1121, the 2011/2012 Citywide Sidewalk Repair
Project; award of contract for Project No. CP1201, the 2012 Local Street
Pavement Reconstruction Project; award of contract for Project No. CP1206,
the 2012 Pavement Patching, Chipseal and Overlay Project; and a consultant
agreement with HDR Engineering for engineering services related to water
utility meter and billing system improvements. The Committee also reviewed
Resolution No. 4830 authorizing an interlocal agreement with King County to
remove the flood barriers from the levees. The Committee also discussed the
banner pole repair project, the senior discount and rebate programs, the
Auburn Way South corridor safety project, the capital project status report, and
the activities matrix. The next regular meeting of the Public Works Committee
is scheduled for July 16, 2012 at 3:30 p.m.
D. Finance
Chair Partridge reported the Finance Committee met this evening at 5:30. The
Committee reviewed claims vouchers in the amount of $1.5 million and payroll
vouchers in the amount of $1.5 million. The Committee also reviewed
Resolution No. 4828 expressing support for Valley Regional Fire Authority
Proposition No. 1. The Committee also discussed Resolution No. 4830 relating
to an interlocal agreement with King County for the removal of flood barriers
from levees, the Public Works Banner Pole Repair Project, Local Improvement
District No. 350 foreclosures, the senior utility discount and rebate programs,
and Auburn Municipal Court cost comparisons with King County. The next
regular meeting of the Finance Committee is scheduled for July 16, 2012 at
5:30 p.m.
E. Les Gove Community Campus
Chair Wagner reported the Les Gove Community Campus Committee will meet
July 11, 2012.
F. Council Operations Committee
Deputy Mayor Backus advised that today's Council Operations Committee
meeting was canceled. The next meeting of the Council Operations Committee
is scheduled for August 6, 2012 at 5:00 p.m. Page 4 of 9
CA.A Page 39 of 391
IV. CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A. Minutes of the June 18, 2012 regular meeting
B. Claims Vouchers (Partridge/Coleman)
Claims check numbers 414555 through 415141 in the amount of $1,506,474.58 and dated
July 2, 2012.
C. Payroll Vouchers (Partridge/Coleman)
Payroll check numbers 533008 through 533052 in the amount of $273,877.81 and electronic
deposit transmissions in the amount of $1,232,123.98 for a grand total of $1,506,001.79 for
the period covering June 14, 2012 to June 27, 2012.
D. Public Works Project No. CP1206 (Wagner/Dowdy)
City Council award Contract No. 12-10, to Puget Paving and Construction, Inc. on their low
bid of $1,261,713.50 for Project No. CP1206, 2012 Pavement Patching, Chipseal and
Overlay Project
E. Public Works Project No. CP1121 (Wagner/Dowdy)
City Council grant permission to advertise for bids for Project No. CP1121 - 2011/2012
Citywide Sidewalk Repair Project.
F. Public Works Project No. CP1201 (Wagner/Dowdy)
City Council award Contract No. 12-08, to SCI Infrastructure, LLC on their low
bid of $1,200,811.00 plus Washington State Sales Tax of $30,286.86 for a total
contract price of $1,231,167.86 for Project No. CP1201, 2012 Local Street
Pavement Reconstruction Project.
G. Public Works Project No. EM0902 (Wagner/Dowdy)
City Council grant permission to advertise for bids for Project No. EM0902,
Temporary Flood Control Barrier Removal Project.
H. Public Works Consultant Agreement No. AG-C-415 (Wagner/Dowdy)
City Council grant permission to enter into Consultant Agreement No. AG-C-
415 with HDR Engineering Inc. for Engineering Services for the Water Utility
Meter and Billing System Improvements Project.
I. Public Works Banner Pole Repair Project (Wagner/Dowdy)
City Council grant permission to initiate the Banner Pole Repair Project located
at East Main Street and B Street NE
Deputy Mayor Backus moved and Councilmember Wagner seconded to
approve the Consent Agenda.
The Consent Agenda includes claims and payroll vouchers and Public Works
projects.
MOTION CARRIED UNANIMOUSLY. 7-0 Page 5 of 9
CA.A Page 40 of 391
V. UNFINISHED BUSINESS
There was no unfinished business.
VI. NEW BUSINESS
There was no new business.
VII. RESOLUTIONS
A. Resolution No. 4828 (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
Councilmember Peloza moved and Councilmember Osborne seconded to
adopt Resolution No. 4828.
The Resolution authorizes the acceptance of a $17,000 grant from the Cultural
Development Authority of King County ("4Culture").
MOTION CARRIED UNANIMOUSLY. 7-0
B. Resolution No. 4829 (Partridge/Heid)
A Resolution of the City Council of the City of Auburn, Washington, expressing
its support for voter approval of the Valley Regional Fire Authority proposition to
continue a voter-authorized benefit charge each year for an additional six (6)
years
PROPOSITION NO. 1
VALLEY REGIONAL FIRE AUTHORITY
Shall Valley Regional Fire Authority, serving the communities of Algona, Auburn
and Pacific, be authorized to continue voter-authorized benefit charges each
year for six years, not to exceed an amount equal to sixty percent of its
operating budget, and be prohibited from imposing an additional property tax
under RCW 52.26.140(1)(c)?
Mayor Lewis inquired whether anyone in the audience would like to voice an
opposing view. There was no response from members of the audience.
Councilmember Partridge moved and Councilmember Holman seconded to
adopt Resolution No. 4829.
The Resolution expresses the Council's support for Valley Regional Fire
Authority's Proposition No. 1.
MOTION CARRIED UNANIMOUSLY. 7-0
C. Resolution No. 4830 (Wagner/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor and City Clerk to execute an Interlocal Agreement with King County
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for the completion of the Emergency Flood Protection Measures Project
Councilmember Wagner moved and Councilmember Peloza seconded to adopt
Resolution No. 4830.
The Resolution authorizes an interlocal agreement with King County for the
removal of temporary flood prevention barriers from the Green River levees.
Approximately $1.6 million or seventy-five percent of the project will be funded
by the King County Flood Control District.
MOTION CARRIED UNANIMOUSLY. 7-0
VIII. 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 the retirement ceremony
for Assistant Police Chief Bob Karnofski, the Auburn Noon Lions officers
installation, the send off for Miss Auburn Tera Sabo and Miss Liberty Salina
Ellison as they prepare for the Miss Washington pageant, and the employee
luncheon where Kent Rees was recognized as employee of the year and Jerry
Pascuzzi was recognized for forty years of service. Deputy Mayor Backus
thanked the Longhorn Restaurant for donating the food for the employees
luncheon in honor of the late Dick Kammeyer, who served on the Auburn City
Council and Auburn School District Board.
Councilmember Wagner reported that he attended the annual employees
luncheon at Les Gove Community Campus.
Councilmember Wales reported on her attendance at the Association of
Washington Cities conference in Vancouver, Washington, where she
attended workshops on rapid innovation and converting ideas into change,
tourism as an economic strategy, and listened to inspiring keynote speakers.
Councilmember Wales also attended the retirement ceremony for Assistant
Police Chief Bob Karnofski, the Auburn School District Reaching Out Fair, the
employees luncheon, and a meeting of the Pierce County Cities and Towns
Association.
Councilmember Holman reported on his attendance at the Association
of Washington Cities conference in Vancouver, Washington, where he attended
several workshops. Councilmember Holman also attended the employees
luncheon and Rotary's officers installation banquet.
Councilmember Peloza reminded that the Auburn International Farmers Market
is held every Sunday from 9:00 a.m. to 2:00 p.m. until September 23rd.
Councilmember Peloza reported on his attendance at the King County Water
Pollution Abatement Advisory Committee meeting where members discussed
combined sewer overflow. Councilmember Peloza also reported that he
attended the employees luncheon, a special Municipal Services Committee
meeting to discuss Auburn Municipal Court, and the Airport Advisory Board
meeting. Councilmember Peloza reminded that the National League of Cities
Page 7 of 9
CA.A Page 42 of 391
offers a free prescription drug discount program that is available to City of
Auburn residents. The City of Auburn is currently ranked sixteenth among the
top twenty cities in the United States for prescription savings. Councilmember
Peloza also reported that he attended the dedication ceremony for the City of
Olympia Lee Creighton Justice Center, named in honor of Judge Lee Creighton
who was the first elected municipal judge for the City of Olympia and who died
at an early age from cancer.
Councilmember Osborne reported on his attendance at the Association of
Washington Cities conference in Vancouver, Washington, where he attended
several workshops including topics on health care reform and the cost of free
money and the stipulations placed on grants.
Councilmember Partridge reported on his attendance at the Association of
Washington Cities conference, the employees luncheon, King County
Councilmember Pete von Reichbauer's "Good Egg" breakfast where the
speaker was the Director of the University of Washington School of Medicine,
and marketing meetings for the Auburn Valley Humane Society.
B. From the Mayor
Mayor Lewis reported on his attendance at Assistant Police Chief Bob
Karnofski's retirement ceremony, Kids Day events, the Port of Seattle
Commission meeting, and the South Correctional Entity (SCORE)
Administrative Board meeting. Mayor Lewis reminded that copper wire theft is
taking place in the valley cities area. He encouraged anyone witnessing
suspicious vehicles at utility poles to contact the police immediately.
IX. EXECUTIVE SESSION
At 9:05 Mayor Lewis recessed the meeting for a five minute intermission and then to
executive session for approximately twenty minutes in order to discuss
pending/potential litigation and collective bargaining pursuant to RCW 42.30.110(1)
(i) and RCW 42.30.140(4). City Attorney Daniel B. Heid, Human Resources and
Risk Management Director Brenda Heineman, and Assistant Police Chief William
Pierson were required for the executive session.
At 9:28 p.m., Mayor Lewis extended the executive session an additional fifteen
minutes. At 9:41 p.m., Mayor Lewis extended the executive session an additional
ten minutes. At 9:51, 9:58 and 10:03 p.m., Mayor Lewis extended the executive
session an additional five minutes.
At 10:08 p.m., Mayor Lewis reconvened the regular meeting.
X. ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned at
10:08 p.m.
APPROVED this 16th day of July, 2012.
___________________________________ ________________________________
Peter B. Lewis, Mayor Danielle Daskam, City Clerk
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the July 10, 2012 Special Meeting
Date:
July 11, 2012
Department:
Administration
Attachments:
July 10, 2012 Special Meeting Min
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:July 16, 2012 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B Page 45 of 391
Special City Council Meeting
July 10, 2012 - 2:00 PM
Council Chambers
MINUTES
I. CALL TO ORDER
Councilmembers present: Bill Peloza, John Partridge, Rich Wagner, Largo
Wales, Wayne Osborne and John Holman. Deputy Mayor Backus arrived
at 2:11p.m. and Mayor Pete Lewis arrived at 2:32 p.m.
Department directors and staff members present: Finance Director Shelley
Coleman and Deputy City Clerk Shawn Campbell.
II. DISCUSSION ITEMS
A. Review of Budget Process
Director Coleman thanked Council for attending the special meeting. She asked
Council to focus on the layout and format of the handouts.
Councilmember Wagner requested an explanation of the difference between
proprietary funds and enterprise funds. Director Coleman said a proprietary fund is
for the internal services funds that are internal to the City and enterprise
funds consist have a fee for services to customers.
Director Coleman reviewed the differences between a biennial budget versus
an annual budget. She stated a biennial budget saves times, gives a longer
perspective for financial planning, and gives policy makers a better view. The
biennial budget is created in an odd year so there is never an election during a
budget cycle. Appropriations for two years makes it easier for long term planning.
Director Coleman stated the City does a minimum of three budget adjustments a
year and more if needed. She said the March adjustment is to reappropriate funds
from the previous year for projects that have not been completed, the June
adjustment is to set the estimated fund balances to actuals, and the December
amendment is to true the budget.
Councilmember Holman asked if the departments have a "use it or lose it"
requirement. Director Coleman said surplus funds that need to be reappropriated
to the next year are done in the March amendment, but the budget does end at
the end of each calendar year and the funds do not carry over. She added there is
not a great deal of end of the year spending.
Director Coleman reviewed the budget calendar. She explained where the City is
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CA.B Page 46 of 391
currently in the process. She said the Finance department will meet with each
department then meet with the Mayor to go over each departments decision
packages. The City will conduct budget workshops with Council and the
department directors. The City must hold two public hearings, and in September
the Finance Department must present to Council the current tax levy information.
Director Coleman gave a detailed description of items in the general fund which
included: Mayor & Council, Human Resources, Finance, City Attorney, Planning,
Jail, Police, Public Works, Parks & Recreation, Streets, and Non-Departmental.
Director Coleman then explained the special revenue funds are mostly restricted
by outside funding sources with requirements from each funding source. The only
special revenue fund that is not restricted by an outside source is the cumulative
reserve or the "Rainy Day fund".
The debt services fund is for bonds and LID's and when the bond or LID is
complete the fund is eliminated.
The capital projects fund include the parks, capital improvements and local
revitalization.
The enterprise funds are for items that are user fee based. Councilmember Wales
asked if funds can be transferred from an enterprise fund to another fund. Director
Coleman said the City cannot simply transfer funds from an enterprise fund to any
other fund. She said the City can loan money between funds. She added the City
can also impose an additional tax on an enterprise fund.
The internal service funds consist of insurance, Facilities, Information Services
and equipment rental. Director Coleman said each department is charged based
on the services they receive in relation to these funds.
Councilmember Peloza asked if bequeaths to the city were prohibited. Director
Coleman said the City may receive tax deductible donations. Mayor Lewis thought
bequeaths are a good idea to explore further. Councilmember Peloza suggested
adding a section to the city website. Councilmembers asked how the Parks and
Recreation department handles donations. Council discussed various options to
explore.
Director Coleman shared with Council examples from the previous budget. She
showed Council where to find changes within each piece. Councilmember Wagner
requested footnotes on the roll ups regarding the changes within the budget and
also gross level departmental expenditures.
Director Coleman presented an example of a capital projects fund printout. She
explained how the worksheet works and where to find the information within the
document.
Page 2 of 3
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Director Coleman closed the presentation with the challenges the City faces with
creating a biennial budget.
III. ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned
at 3:35 p.m.
APPROVED this 16th day of July, 2012.
________________________________ ________________________________
Peter B. Lewis, Mayor Shawn Campbell, Deputy City Clerk
Items submitted to the July 10, 2012 Special Council Meeting:
City of Auburn Budget Introduction - Director Coleman
2013-2014 Budget Timeline - Director Coleman
Summary of Financial Structure - Director Coleman
Account Number / Division - Director Coleman
Finance Department Budget - Director Coleman
Municipal Park Construction Fund Budget - Director Coleman
Cemetery Division Budget - Director Coleman
Page 3 of 3
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers
Date:
July 10, 2012
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve the claims vouchers as part of the Consent Agenda.
Background Summary:
Claims check numbers 415142 through 415530 in the amount of $3,435,856.05 and
dated July 16, 2012.
Reviewed by Council Committees:
Finance
Councilmember:Partridge Staff:Coleman
Meeting Date:July 16, 2012 Item Number:CA.C
AUBURN * MORE THAN YOU IMAGINEDCA.C Page 49 of 391
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers
Date:
July 11, 2012
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve payroll vouchers.
Background Summary:
Payroll check numbers 533053 through 533087 in the amount of $903,077.01 and
electronic deposit transmissions in the amount of $1,200,895.91 for a grand total of
$2,103,972.92 for the period covering June 28, 2012 to July 11, 2012.
Reviewed by Council Committees:
Councilmember:Partridge Staff:Coleman
Meeting Date:July 16, 2012 Item Number:CA.D
AUBURN * MORE THAN YOU IMAGINEDCA.D Page 50 of 391
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1006
Date:
July 10, 2012
Department:
Public Works
Attachments:
Budget Status Sheet
Final Pay Estimate
Vicinity Map
Photograph Exhibit
Budget Impact:
$0
Administrative Recommendation:
City Council approve Final Pay Estimate No. 14 to Contract No. 11-05 in the amount of
$7,271.04 and accept construction of Project No. CP1006, Lakeland Hills Reservoir 6.
Background Summary:
This project constructed a 1-million gallon steel water reservoir on a City owned parcel
on Francis Court SE in the Lakeland Hills service area. The reservoir provides additional
storage for normal and emergency uses, provides storage redundancy, and allows the
existing Reservoir 5 in Lakeland Hills to be taken out of service for maintenance. The
project included a painted mural at a cost of approximately $11,000, which is shown on
the attached Photograph Exhibit.
This project was primarily funded with Build America Bond proceeds and a project
budget contingency of $107,602 remains in the 430 (Water) Fund.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:July 16, 2012 Item Number:CA.E
AUBURN * MORE THAN YOU IMAGINEDCA.E Page 51 of 391
Project No: CP1006 Project Title:
Project Manager: Leah Dunsdon
Initiation / Consultant Agreement
Initiation Date: _8/16/10__ Permission to Advertise
Advertisement Date: _3/8/11__ Contract Award
Award Date: _4/4/11___ Change Order Approval
Contract Final Acceptance
Funding Prior Years 2012 2013 Future Years Total
430 Fund 169,877 169,877
430 Fund (Bond Funds)2,167,877 332,123 2,500,000
Total 2,167,877 502,000 0 0 2,669,877
Activity Prior Years 2012 2013 Future Years Total
Design Engineering - City Costs 39,498 39,498
Design Engineering - Consultant Costs 251,240 251,240
Permits - City Costs 25,451 25,451
Construction Contract Bid 1,657,698 162,393 1,820,091
Change Order No. 1 (Fencing)4,380 4,380
Change Order No. 2 (PLC Unit)1,393 1,393
Change Order No. 3 (SCADA)1,025 1,025
Change Order No. 4 (SCADA)4,160 4,160
Change Order No. 5 (Full Containment)34,771 34,771
Line Item Changes (65,323)(65,323)
Construction Engineering - City Costs 60,426 25,000 12,000 7,500 104,926
Construction Engineering - Testing Services 38,163 15,000 7,500 5,000 65,663
Construction Engineering - Consultant Costs 95,401 179,599 275,000
Total 2,167,877 362,398 19,500 12,500 2,562,275
Prior Years 2012 2013 Future Years Total
*430 Funds Budgeted ( )(2,167,877)(502,000)0 0 (2,669,877)
430 Funds Needed 2,167,877 362,398 19,500 12,500 2,562,275
*430 Fund Project Contingency ( )0 (139,602)0 0 (107,602)
430 Funds Required 0 0 19,500 12,500 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
Estimated Cost (Funds Needed)
430 Water Budget Status
BUDGET STATUS SHEET
Lakeland Hills Reservoir 6
Date: July 2, 2012
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
H:\PROJ\CP1006-Lakeland Resvoir 6\Budget\CP1006.BudgetStatusSheetv1.xls
7/2/2012
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CP1006: Lakeland Hills Reservoir 6
View from sidewalk on Francis Ct SE, looking south.
CA.E Page 59 of 391
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1108
Date:
July 11, 2012
Department:
Public Works
Attachments:
Budget Status Sheet
Bid Tabulation Summary
Vicinity Maps
Budget Impact:
$0
Administrative Recommendation:
City Council reject all bids for Contract No. 11-14 for Project No. CP1108, 2011 Citywide
Storm Pond Cleaning.
Background Summary:
This project is part of the 2011/2012 Storm Drainage Repair and Replacement Program and will remove
vegetation and accumulated sediments/debris in the detention cells at the following Storm Drainage sites:
Lakeland Hills Way Detention Ponds
Lake Tapps Parkway Detentions Pond
Trillium Detention Ponds
21st Street SE Detention Pond, Mill Pond Bioswale
Hillcrest East Detention Pond,
Royal Detention Pond
Bids were opened on July 10, 2012, only one bid was received and was approximately 83% above the Engineers
Estimate. Therefore, City Staff does not feel this represents a competitive bid and recommends rejecting all bids
in the best interest of the City.
The total budget for this project is $360,000. If this contract were to be awarded, it would require a budget
adjustment of approximately $192,128.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:July 16, 2012 Item Number:CA.F
AUBURN * MORE THAN YOU IMAGINEDCA.F Page 60 of 391
Project No: CP1108Project Title:
Project Manager: Robert Lee
Project Initiation
Initiation Date: _8/1/2011_ Permision to Advertise
Advertisement Date: _6/21/2012_ Contract Award
Award Date: ___________ Change Order Approval
Contract Final Acceptance
Funding Prior Years 20112012 Future Years Total
432 Fund - Storm Drainage**019,973360,0000379,973
Total 019,973360,0000379,973
Activity Prior Years20112012Future Years Total
Design Engineering - City Costs019,97333,000052,973
Design Engineering - Consultant Costs008,80008,800
Construction Estimate 00240,0000240,000
Project Contingency (10%)0024,000024,000
Construction Engineering - City Costs0030,000030,000
Total 019,973335,8000355,773
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
BUDGET STATUS SHEET
2011 City Wide Storm Pond Cleaning
Date: July 10, 2012
The "Future Years" column indicates the projected amount to be requested in future budgets.
Prior Years20112012Future Years Total
*432 Funds Budgeted ( )0 (19,973)(360,000)0(379,973)
432 Funds Needed 019,973335,8000355,773
*432 Fund Project Contingency ( )0 (0)(24,200)0(24,200)
432 Funds Required 00000
* ( # ) in the Budget Status Sections indicates money the City has available.
** This is a portion of the 2011 and 2012 annual budget for the Storm Repair & Replacement Program.
432 Storm Drainage Budget Status
H:\PROJ\CP1108-2011 Citywide Storm Pond Cleaning\Budget\Pond R&R Budget Status.xls
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Property Damage Release
Date:
July 12, 2012
Department:
Human Resources
Attachments:
Release
Budget Impact:
$0
Administrative Recommendation:
City Council accept property damage settlement from GEICO.
Background Summary:
City is recommending accepting GEICO's auto liability policy limites of $25,000 regarding
damage the City sustained on behalf of GEICO's insured driver. On February 18, 2011,
GEICO's insured driver lost control of their vehicle due to icy road conditions at the
intersection of 15th St SW and West Valley Highway. The City sustained approximately
$49,466 in damages to a traffice signal and GEICO is offering their insured's policy limits
of $25,000 in exchange for a full release of further liability.
Reviewed by Council Committees:
Finance
Councilmember:Partridge Staff:Heineman
Meeting Date:July 16, 2012 Item Number:CA.G
AUBURN * MORE THAN YOU IMAGINEDCA.G Page 66 of 391
CA.G Page 67 of 391
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6408
Date:
July 9, 2012
Department:
Planning and Development
Attachments:
Agenda Bill
Ordinance No. 6408
Budget Impact:
$0
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6408.
Background Summary:
See attached.
Reviewed by Council Committees:
Planning And Community Development, Public Works Other: Legal, Planning
Commission
Councilmember:Backus Staff:Snyder
Meeting Date:July 16, 2012 Item Number:ORD.A
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 68 of 391
AGENDA BILL APPROVAL FORM
Agenda Subject: Ordinance No. 6408, Amendment to Auburn City
Code Section 18.31.200 related to architectural and site design review
standards (File No. ZOA12-0003).
Date: July 10, 2012
Department: Planning and
Development
Attachments: Ordinance No. 6408 Budget Impact: N/A
Administrative Recommendation: City Council to approve Ordinance No. 6408 amending Auburn City
Code Chapter Section 18.31.200 related to architectural and site design review standards.
Background Summary:
The purpose of this zoning code amendment is to provide a consistent process and rules that apply for
the administration of the city’s existing architectural and site design review standards.
The City has architectural and site design review standards in effect that apply to three distinct
geographical areas of the City and another set that apply throughout the entire City based the specific
land use type as follows:
* The Downtown Urban Center Design Standards were adopted by Ordinance No. 6071 in January 2007
to implement the, then new, Downtown Urban Center, DUC zoning district.
* The Auburn Junction Design Standards were adopted by Ordinance No. 6190 in July 2008 to address
the four-block downtown catalyst area.
* The Multi-Family and Mixed-Use Development Design Standards were adopted by the Council Planning
and Community Development (PCD) Committee in June 2009 and subsequently amended by the PCD
Committee in July 7, 2010.
* The Northeast Auburn Special Planning Area Architectural and Site Design Standards were adopted by
Resolution No. 4756 in December of 2011 as a condition of the Development Agreement (DA) approved
for the Northeast Auburn /Robertson Properties’ Auburn Gateway Project.
The purpose of these architectural and site design review standards is to provide a consistent
administrative process for evaluating the design and arrangement of buildings and site development to
ensure quality design of the built environment. The authority for the architectural and site design review
standards (design standards) were previously adopted by the City Council and are consistent with, and
implement the policies of the Comprehensive Plan.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Information Services
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Backus Staff: Snyder
Meeting Date: July 16, 2012 Item Number:
ORD.A Page 69 of 391
Agenda Subject: Agenda Subject: Amendment to ACC 18.31.200
relating to architectural and site design review standards (File No.
ZOA12-0003)
Date: July 10, 2012
Page 2 of 2
The design standards applicable to each geographic area are unique and found in separate
documents that apply only to that area or type of land use project. The design standards are
illustrated by text, figures and photos in each document. The requirement for implementation of the
design standards is found in various sections of the zoning code.
As these design standards were adopted at different times and over a period of years there is not a
uniform set of regulations to administer the design standards. This code amendment would provide a
common code section. The design standards themselves are not proposed to change through this
code amendment.
The Planning Commission conducted a public hearing on the code changes on June 5, 2012. There
was no public comment at the hearing. The Planning Commission recommended approval of the
code amendment as presented.
The Planning Commission recommendation of approval was discussed with and reviewed by the
Planning and Community Development (PCD) Committee of the City Council on June 11, 2012 at
their regular meeting. On July 9, 2012 at their regular meeting, the Planning and Community
Development (PCD) Committee recommended approval to the full City Council.
Amending the code to address all the design review standards and have these referenced within a
single code section would have the following benefits:
• Provide for ease of locating and use of city requirements by perspective applicants.
• Provide consistency in the administrative process applied to design review processes of
the city.
• Provide guidance for administration of the design review standards where such
regulations do not currently exist.
• Provide uniformity in the administrative provisions for:
o intent and purpose statements,
o exemptions from the design review process,
o timing of the review process,
o submittal requirements,
o decision criteria,
o Planning Director’s ability to review and interpret provisions of the separate
architectural and site design standards documents,
• Provide a process to adjust previous design review approvals; and for appealing planning
director’s decisions on design review decisions.
ORD.A Page 70 of 391
ORDINANCE NO. 6 4 0 8
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTION 18.31.200 OF THE AUBURN CITY CODE
RELATING TO ADMINISTRATION OF
ARCHITECTURAL AND SITE DESIGN REVIEW
STANDARDS
WHEREAS, from time to time, amendments to the City of Auburn zoning code
are appropriate, in order to update and betterreflect the current development needs and
standards of the City; and
WHEREAS, periodically amendments to the City of Aubum zoning code are
appropriate, in order to increase consistency of the code sections enacted over different
periods of time; and
WHEREAS, periodically amendments to the City of Aubum zoning code are
appropriate,.in order to facilitate the use and understanding of code sections; and
WHEREAS, currently the City has architectural and site design standards . that
apply to three distinct geographical areas of the City and some that apply throughout
the City but only concem spec c land use types; and
WHEREAS, the purpose of this amendment to the code is to provide a
consistent administrative review process for evaluating the design and arrangement of
site developments and buildings to ensure quality design of the built environment; and
WHEREAS, these code amendments are exempt from environmental review
under the Washington State Environmental.Policy Act (SEPA), Section WAC 197-11800
19), since they are rules and regulations related to govemmental procedures 'and.
contain no substantive standards respecting use or modfication of the environment; and
Ordinance No 6408
June 6, 2012
Page 1 of 10ORD.A Page 71 of 391
WHEREAS, these code amendments were considered by the Planning
Commission at a duly noticed public hearing on June 5, 2012 and after the close the
public hearing the Planning Commission forwarded a recommendation for approval to
the City Council; and
WHEREAS, the code amendments were reviewed by the Planning and
Community Development Committee of the City Council on February 27, 2012; and on
June 11, 2012; and thereafter the Committee forwarded a recommendation for approval
to the full City Council.
WHEREAS, upon the recommendations, the City Council determines that the
following code changes are in the best interest of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN, as follows:
Section 1. Amendment to Citv Code. That section 18.31_200 of the
Aubum City Code entitled "Multifamily development and mixed use developmenY' is
changed to read: "Architectural and site design review standards" and the section is
hereby amended to read as follows:
18.31.200 Architectural
and site design review standards and_-p ssedu;esrepulations.
A. Intent and Purpose. The arbhitecturel arid site desian reQUlations arovide
an administrative review arocess' for evaluatina the desiqn and arrangement of
development. The architectural and site desipn reaulations are intended to be
consistent with and implement the policies of the comprehensive plan. The purraoses of
these desiqn review requlations are to:
1.Foster qood decision-makinq for develoqment throuqh architectural and
site desiqn within the context of the communitv's built and natural environmental
character, scale and diversitv:
2.Promote the use of aoqropriate scale of buildinqs and the confi4uration of
open space and parkinq areas for development to safelv and comfortablv accommodate
pedestrian activities;
Ordinance No 6408
June 6, 2012
Page 2 of 10
ORD.A Page 72 of 391
3. Coordinate the interrelationship of buildinqs and public and private open
saace;
4.Discouraqe monotonv in buildinq desiqn and acranqement, while
promotinq harmonv amonq distinct buildinq identities; and
5. Mitiqate, throu4h desiqn and site olan_measures, the visual impact of larqe
buildinq facades particularlv those which have high public visibilitv (Encowraqe the
creative use of architectural and landsoape features in order to reduce the actual and
perceived scale and bulk of structures).
B . Applicability. The following land uses, tyqes of develoPment activities
includina all related site improvements, and qeopraphic area "
i ever e s, are subject to the architectural_and site design standards and the ;
processes and requlations ese es for conducting design review contained in this
chapter:
1. —Multiple-Familv and Mixed Use Develooments. The followinq land uses
and tvpes of develoament are subiect to the Citv's Multiple-Family and Mixed-Use
Desi4n Standards document unless add essed bv a different set of architectural and
site desiqn standards apqlicable to a specific qeoqraphic area.
a. Multifamily development inclusive of triplexes and fourplexes in all zones
in the city where permitted outright or as a conditional use and not otherwise addressed
through the city's Residential linfill Develooment desigr Sstandards (ACC 18.25); and
b. _Mixed-Use Residential Development. Mixed-use development containing
residentiai living units in all zones in the city where permitted outright or as a conditional
use; and,
c. Retirement apartments, congregate living facilities and senior housing
complexes in all zones in the city where permitted outright or as a conditional use.
2. Downtown Urban Center. The followinq locations of develooment
activities are subiect to the Citv's Downtown-Urban Center Desiqn Standards document.
a. Properties located within the boundaries of the DUC, Downtown Urban
Center zoninp district as identified on the Gomprehensive Zoninq Map.
3. Auburn Junction. The followinq locations of development activities are
subiect to the Citv's Auburn Junction Desian Standards document.
a.Properties located within the boundaries of West Main Street, 2nd Street
SE/SW, A StreeY SE, and A Street SW as!identified with Aubum Citv Code 18.29.070.
Desian Standards of the DUC , Downtown Urban Center zone.
4. Northeast Auburn Soecial Planning Area. The followina locations of
development activities are subiect to the City's Auburn Gatewav Architectural and Site
Desiqn Standards document.
a. Properties located within the boundaries of the Aubum Gatewav Proiect
as defined bv the Development Aqreement approved bv Citv Resolution No. 4756. The
Aubum Gatewav Architectural and Site Desi4n are addressed In Section 4 of this
Resolution and orovided as Attachment 4 to the Resolution..
C. Exemptions. The following activities as determined by the Prylanning
Ddirector shall be exempt from the proVisions of the design standards:
1. Any buiiding activity that does not require a building permit; or
Ordinance No. 6406
June 6, 2012
Page 3 of 10
ORD.A Page 73 of 391
2. Interior construction work which does not alter the exterior of the structure;
or
3.Normal or routine building and site maintenance/repair that is exempt from
issuance of a permit e#s including the repair or maintenance of structural
members; or
4. Interioralterations that do not
ef-modify an existing site condition; or
5. Site and exterior alterations that do not exceed 10 percent of the assessed
valuation of the property building or land per the most recent county records; or
6. Building additions that are less than 10 percent of the existing floor area of
the existing building. Any cumulative floor area increase from the adoption date of the
ordinance establishing these architectural and site design standards that totals more
than 10 percent shall not be exempt unless the Pplanning Ddirector determines
compliance with these standards would be unfeasible and/or unreasonable.
ti.,......a. .,,. .,..a,,;...,....
D. Design Standard Documents. Adopted by reference are the followinq
architectural and site desiqn documents '
s a ds-a copiesy of which shall be maintained by the city clerk. These+s documents
contains the standards for the desian and development of the built eavife e
environment.
The Pplanning D irector or designee shall have the authority to apply the
standards to specific development proposals. The followinq saecific architectural and
desiqnse standards documents may be amended upon approval by the P lanning and
Ddevelopment Csommittee of the Auburn Csity Csouncil-_
1. Mixed Use and Muitiple Familv Development Desiqn Standards.
2. Auburn Gatewav Architectural and Site Desiqn Standards.
3.Downtown Urban Center Desiqn Standards.
Ordinance No 6408
June 6, 2012
Page 4 of 10
ORD.A Page 74 of 391
4. Auburn Junction Desiqn Standards.
E. Timing of Administrative Design Review..
1. Design review shall be conducted by the Pplanning D irector or designee
prior to or concucrent with the arocessina of
building permits assaa se and/or reviewof discretionary land use approvals/permits.
2. The decision on the administrative desiqn review shall be issued prior to
issuance of the buiidinq permits and/or issuance of discretionarv land use
approvals/permits.
F. Pre-application Meeting -When Required Associated with a Desiqn
Review.
1 . A pre-application conference-is required for the following instances:
a. For multi-familv develoqment in the R-10. R-16, and R-20 Residential
zones: and
b.For mixed-use development containinq residential livinq units located
within R-10. R-16 and R-20 Residential zones: and
c.For mixed-use develoqmerit containinca residential livinq units located
within commerciaLzones; and
d. For retirement apartments, conqreqate livinq facilities and senior housinp
comolexes located within R-10. R-16 and R-20 Residential zones, and all commercial
zones.
2. A pre-application conference ig strongly recommended for all other
proiects subiect to the citv's architectural and site desiqn review but is not required,
tie o n a o on ...,e
4. A I. 4. f i F... ' .a I.,...,I............ts—pi°c'op puo'ocioii vviuc°i°ci w io ic°q'aii°ca vi iiiiri°cvuoc c oroprrrcrn
o.. —p°c ap^pi o^'o l6r} senferense I fB Fllf2 fe—et e eat—;,e+E;
G. Design Review Submittal Requirements. In addition to any other
documentation required for submittal of a complete application for building permit or
discretionarv land use aqprovals/permitssi e-plaa-Feview, the following items shall be
required for the architectural and site design review:
1. Elevation drawings prepared by an architect licensed in the Sstate of
Washington of all proposed construction including dimensional drawings at one-eighth
inch equals one foot or comparable scale showing the type of exterior materials, color
where applicabl exterior finishes for buildings and
accessory structures, location and elevations of exterior lighting for buildings, the type,
style and model of exterior lighting fixtures (where applicable
s aadar s), parking areas, and fenestration details.
Ordinance No. 6408
June 6, 2012
Page 5 of 10
ORD.A Page 75 of 391
2. A to-scale landscape plan prepared by a landscape architect licensed in
the state of Washington showing existing vegetation to be retained and proposed
vegetation to be installed inclusive of the common and botanical name of all vegetation,
the location and quantity of vegetation, the initial planting size and ewr
methods of irrigation€a pl+sable;
3. A context vicinity map that shows all structures on the property and within
200 feet in each direction of the subject property drawn approximatelv to scale-t-et
4. A neighborhood circulation plan consistent with the provisions of Chapter
17.16 ACC (Neighborhood Circulation Plan); and
5. Conceptual plans for any public infrastructure, including roads, water,
sewer; and storm faciiities.
H6. Interpretations.
1. The Planninq Director shall be authorized to interpret the meaninq of
words, phrases and sentences which relate to the implementation of the s ecific
architectural and desian standards document. Anv interqretations reqardina
implementation of the soecific architectural and desiqn standard document shall be
made in accordance with its intent or purpose statements and the intent and purpose
statements of this chaater. For interaretations, life safetv and public health regulations
shall be qiven prioritv over all other requlations.
2. Administrative intemretations mav be appealed to the hearina examiner as
prescribed in Chapter 18J0.050ACC..
I#. Design Review Adjustments.
1. Authoritv for desiqn review adiustments. The Pplanning Ddirector or
designee shall have the authority, subject to the provisions of this section and upon
such conditions as the Pplanning Ddirector or designee may deem necessary to comply
with the provisions of this section, to approve design adjustments as follows:
a. An adjustment to architectural or site design requirements such that no
more than two of the total number of required menu items in the Csity of Au6urn
Mr tultifamily and Ma}ixed-Uase Ddesign Sstandards are out of compliance.
b. An adjustment to required building wall and roof modulation standards, as
contained in the Csity of Auburn Ma;ultifamily and Ma ixed-use Ddesign Sstandards, up
to 20 percent of the amount of any quantfied standards contained therein.
c. An adiustment to the architectural or site design reauirements that
remains consistent with the aurpose and intent of the architectural and site desiQn
standards.
21. Required Findings to Grant Design Review Adjustments. Each
determination granting an adjustment by the Pplanning D irector or designee shall be
supported by written findings showing specifically wherein all of the following conditions
exist:
Ordinance No 6408
June 6, 2012
Page 6 of 10
ORD.A Page 76 of 391
a. That the granting of such adjustment does not constitute a grant of special
privilege inconsistent with the limitations upon uses of other properties in the vicinity
and/or zone of the subject site; and
b. That the g anting of such adjustment will not adversely affect the
established character of the surrounding neighborhood, discourage maintenance or
upgrades on surrounding properties, no.r result in perpetuation of those design qualities
and conditions which the comprehensive plan intends to eliminate or avoid; and
c. That the project incorporates alternate design characteristics that are
equivalent or superior to those otherwise achieved by strict adherence to stated menu
options; and
3 1. Public Notification and Action on Design Review Adjustment Applications.
Upon the filing of a properly completed appiication and associated request for a design
review adjustment, the P@lanning Ddirector or designee shall comply with the Csity's
Type II land use review requirements for issuance of a properly noticed and appealable
land use decision.
4. Appeal of Director's Decision Astier on Design Review Adjustments.
a. If a written objection to the initial determination notice is filed within a-8 14
business days of said notification, the P lanning Ddirector or designee shall reconsider
the initial determination in light of the obje.ction(s) as raised and render a final decision
on the permit. This final decision shall result in either the Pqlanning Ddirector's
affirmation of the original determination of approval, the approval with additional
modifications or denial.
b. Upon completion of the P lanning Ddirector's reconsideration, all parties
notified of the original determination shall receive notification of the Pylanning
D irector's final decision. Any party aggrieved by the Pplanning Ddirector's final
decision may file an appeal of that decision to the H#earing Eexaminer in accordance
with the Csity's land use appeal provisions. Such appeals for H#earing Eexaminer
review must be filed within &14 business days from the date the written decision was
made and shall include the following:
ia. The appeal shall be filed on forms provided by the Ddepartment ofIPplanningandDdevelopment.
iib. The appeal shall clearly state the decision being appealed, setting forth
the specific reason, rationale, and/or basis for the appeal.
iiis. Fees associated with the appeal shall be paid to the city upon filing of the
appeal in accordance with a fee schedule established by resolution.
5. Upon filing of a timely and complete appeal, the hearing examiner shall
conduct a public hearing to consider the merits of the appeal. This hearing shall be
subject to the city's public noticing and public hearing requirements and shall include.
notification of all parties notified of the 'lanning Ddirector's final decision. The hearing
examiner may affirm the Pplanning Ddirector's decision or may remand the matter to the
P lanning Ddirector for further review in accord with the examiner's direction.
Ordinance No. 6408
June 6, 2012
Page 7 of 1
ORD.A Page 77 of 391
64. If no written objection is filed to the initial determination within the specified
time limits, the Pplanning Ddirector shall render a final decision on the permit in accord
with the initial determination.
J Aqproval Criteria for Desiqn Review. The Plannina Director ordesiqnee
mav approve, or modifv and. aporove, or denv an apqlication for an administrative
desiQn review.
esigfl—:;.Each determination granfing approval or approval with modifications
shall be supported by written findings showing the applicant satisfies all the following
criteria
1. The plans and supplemental materials submitted to support the plan meet
the requirements of the specific architectural and site design documentsfeg 4a ieas;
2. The proposed development is consistent with the comprehensive plan;
3. The proposed develoqment meets reauired setback, landscapinq,
architectural stvle and materials, such that the buildinq walls have sufficient visual
varietv to mitiqate the aapearance of larqe facades, particularlv from public riqhts-of-
wav and sinale-familv residential zones.
43. App4isable-ealy-In addition to the criteria in subsections 1 throuqh 3, for
multiple-family residential and retirement apartment projects, the director or desiqnee
must determine that the following key review criteria have been met:
a. The proposed development is arranged in a manner that either:
i. Provides a courtyard space creating a cohesive identity for the building
cluster and public open space furnished to facilitate its use; or
ii.Possesses a traditional streetscape orientation that provides clearly
identifiable and visible entries from the street, views from residential units onto the
street and reinforces pedestrian-oriented streetscape characteristics (e.g., building edge
abutting sidewalk, entries onto the street); or
iii. Faces and facilitates views of a major open space system;
b. The proposed development provides a variety in architectural massing
and articulation to reduce the apparent size of the buildings and to distinguish vertical
and horizontal dimensions;
c. The proposed development contains a combination of elements such as
architecfural forms, massing, assortment of materials, colors, and color bands sufficient
to distinguish distinct portions and stories of the building;
d.Residential buildings in large multiple-family projects or mixed-use
projects are physically integrated into the complex possessing sufficiently different
appearance or placement to be able to distinguish one building from another;
e. Unit entrances are individualized by use of design features that make
each entrance distinct or which facilitate additional,personalization by residents;
f.Areas dedicated to parking are sufficiently visually broken up and contain
a complement of vegetative materials to project a landscaped appearance;
g. Where applicable, a transition is created that minimizes impacts from
multifamily and mixed-use development projects on neighboring lower density
residential dwelling units in abutting or adjacent single-family zones; and
Ordinance No. 6408
June 6, 2012
Page 8 of 10
ORD.A Page 78 of 391
h. Where applicable, in cases of granting density or height bonuses,.the
project has provided community benefits, facilities or improvements above and beyond
those required in the municipal code and supports the goals, objectives and policies of
the comprehensive plan;
Ord. 6287 § 2, 2010; Ord. 6245 § 15, 2009.)
Section 2. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 3. 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 the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the remainder of
this ordinance, or the validity of'its application to other persons or circumstances.
Section 4. Effective date. This Ordinance shall take effect and be in force
five days from and after its passage, approval and publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
Ordinance No 6408
June 6, 2012
Page 9 of 10
ORD.A Page 79 of 391
APP ED TO FOR :
Daniel B. 'Hei , CityAttorne
PUBUCATION: - .
Ordinance No. 6408
June 6, 2012
Page 10 of10
ORD.A Page 80 of 391
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6414
Date:
July 9, 2012
Department:
Planning and Development
Attachments:
Agenda Bill
Ordinance No. 6414
Budget Impact:
$0
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6414.
Background Summary:
See attached.
Reviewed by Council Committees:
Planning And Community Development, Public Works Other: Planning Commission,
Legal
Councilmember:Backus Staff:Snyder
Meeting Date:July 16, 2012 Item Number:ORD.B
AUBURN * MORE THAN YOU IMAGINEDORD.B Page 81 of 391
AGENDA BILL APPROVAL FORM
Agenda Subject: Ordinance No. 6414 Date: July 10, 2012
Department: Planning and
Development
Attachments: Ordinance No. 6414 Budget Impact: N/A
Administrative Recommendation: City Council introduce and adopt Ordinance No. 6414.
Background Summary:
The City, as part of its requirements for public improvements, requires that conduit be constructed when
frontage improvements are required within arterial streets for the City’s data and communications
network.
The proposed code changes require the conduit be constructed when frontage improvements are
required within any street not just arterial streets. Staff is also recommending a new chapter be created
to Title 17, Land Adjustments and Divisions, specifically related to infrastructure conduit. This proposed
new chapter would apply to development activity governed by Title 17, such as short plats and
preliminary plats.
These recommended code changes are needed for the City to continue providing services to the public
that allow for system wide coordinated management of facilities (e.g. traffic control devices) that are
monitored remotely and whereas new technologies present additional opportunities for the City to utilize
its data and communication infrastructure to enhance public services.
By requiring these improvements as part of the street improvements is more cost effective while the street
is under construction as part of a development rather than opening the street only for installation of
conduit.
The Planning Commission held a public hearing on July 3, 2012 and recommended to the City Council
approval of the proposed code amendments as presented by staff.
The Planning and Community Development Committee reviewed the Planning Commission’s
recommendation at their July 9, 2012 meeting and recommended approval to the full City Council.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Information Services
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Backus Staff: Snyder
Meeting Date: July 16, 2012 Item Number:
ORD.B Page 82 of 391
Agenda Subject: Agenda Subject: Ordinance No. 6414 Date: July 10, 2012
Page 2 of 5
Findings of Fact
1. In general, the intent of the proposed code amendments is to provide for conduit when
frontage improvements are required of projects so that the City’s data and
communication network can be enhanced.
2. The process for zoning code text amendments is described in ACC Chapter 18.68.,
18.68.020 Initiation of amendments.
B. Text.
1. The city council, or planning and development committee of the city council, upon its
own motion may request the planning commission to conduct a public hearing to amend
any portion or all of this title; provided, that text amendments that are purely
administrative or procedural do not require a public hearing, nor do they require
preliminary review or recommendations of the planning commission;
2. The planning commission may upon its own motion call for a public hearing to amend
any portion or all of this title, with the exception of purely administrative or procedural
amendments;
3. Any resident or property owner of the city may petition the city to request an
amendment to the text of this title.
C. For the purposes of this chapter, substantive amendments shall be distinguished from
procedural or administrative amendments in accordance with the following: “Substantive”
matters relate to regulations that define or limit what can be done in terms of conduct,
use or action (e.g., what use may be made of land, what requirements apply to
development, what public infrastructure may be required of certain developments), and
“procedural” or “administrative” matters are those that relate to the process of how an
application to take such action must be pursued (e.g., time limits for applications and
appeals, what forms must be used, and where or how applications must be submitted.
Essentially, “procedural” or “administrative” matters are the mechanical rules by which
substantive issues may be pursued). (Ord. 6287 § 2, 2010; Ord. 6198 § 3, 2008; Ord.
4840 § 1, 1996; Ord. 4304 § 1(46), 1988; Ord. 4229 § 2, 1987.)
18.68.030 Public hearing process.
A. Text Amendments. With the exception of purely administrative or procedural
amendments, the planning commission shall conduct at least one public hearing on all
amendments to this title. The planning commission shall make a recommendation to the
city council who may or may not conduct a public hearing.
C. City Council Decision. The city council may affirm, modify or disaffirm any
recommendation of the planning commission or hearing examiner with regard to
amendments of the text or map of this title. (Ord. 6198 § 4, 2008; Ord. 4840 § 1, 1996;
Ord. 4229 § 2, 1987.)
18.68.040 Public hearing notice requirements.
A. Text Amendments.
1. Planning Commission. For text amendments that require a public hearing under ACC
18.68.030(A), notice of a public hearing shall be given by publication, in a newspaper of
ORD.B Page 83 of 391
Agenda Subject: Agenda Subject: Ordinance No. 6414 Date: July 10, 2012
Page 3 of 5
general circulation in the area, at least 10 days prior to the public hearing and by posting
the notice in three general public locations.
2. City Council. Notice of a public hearing shall be given by publication, in a newspaper
of general circulation in the area, prior to the public hearing and by posting the notice in
three general public locations.
3. The proposed code amendments are supported by the City of Auburn Comprehensive
Plan.
4. A Determination of Non-Significance was issued for the proposed amendments on June
13, 2012. The 14-day comment period ends on June 27, 2012. The appeal periods
ends on July 11, 2012.
5. Pursuant to RCW 36.70A.106, the proposed zoning code amendments outlined in this
agenda bill were sent to the Washington State Department of Commerce and other state
agencies as required for the 60-day state review required for modification of
development regulations. The amendments were sent on June 13, 2012 and expedited
review was requested. The Department of Commerce acknowledged receipt on June
14, 2012. Expedited has not been granted as of the writing of this staff report. If the
request is denied then the standard 60-days applies from the submittal date of June 13,
2012.
6. Staff presented the draft code language to the Planning Commission on June 5, 2012 for
review and discussion.
7. The public hearing notice was published on June 20, 2012 in the Seattle Times at least
10-days prior to the Planning Commission public hearing scheduled for July 3, 2012.
8. The Planning Commission held a public hearing on July 3, 2012 with no public testimony
on the proposed code amendments. The Planning Commission recommended approval
of the proposed code amendments as presented by staff.
9. The Planning and Community Development reviewed the proposed code amendments
at their July 9, 2012 meeting and recommended approval to the full City Council with no
changes to the proposed amendments.
10. The following conclusions support the proposed amendments to Section 12.64A.030,
Chapter 13.40, and Title 17, Land Adjustments and Divisions scheduled for the Planning
Commission’s July 3, 2012 public hearing with a staff recommendation.
Conclusions
1. Pursuant to ACC Section 18.68.020 amendments to Title 18, Zoning, require a public
hearing before the Planning Commission with a public hearing notice published at least
10-days prior to the public hearing date.
Comment:
ORD.B Page 84 of 391
Agenda Subject: Agenda Subject: Ordinance No. 6414 Date: July 10, 2012
Page 4 of 5
The public hearing notice was published in the Seattle Times on June 20, 2012 which is
at least 10-days prior to the Planning Commission public hearing scheduled for July 3,
2012. The public hearing notice was also posted on the City’s website.
2. Consistency with the Comprehensive Plan:
Chapter 5 – Capital Facilities
CF-12 No new development shall be approved which is not supported by a minimum of
facilities to support the development and which does not provide for a proportionate
share of related system needs.
Objective 13.4 To enhance the City’s communications and data infrastructure through
installation of City-owned conduit throughout the city.
Policies:
CF-55 To allow for expansion of the City’s conduit system with minimal disruption to
streets and at a lower cost to the public, the City shall require the placement of conduits
as part of arterial street (as defined in the City of Auburn Transportation Plan)
improvement projects whether private or public development projects.
CF-56 The City shall explore new technologies that may present additional opportunities
for the City to use its communications and data infrastructure to enhance its provisions
of public services.
CF-57 To increase system-wide coordinated management of facilities, the City shall
work towards increasing the number of remote monitoring facilities for utility facilities,
traffic control devices, and other equipment located throughout the city.
CF-58 Whenever possible, make remote data access available to the City’s police
officers, inspectors, utility staff, and other field personnel.
Comment:
The proposed code amendments comply with the above comprehensive plan objective and
policies. Through the proposed code amendments, the City is allowing for expansion of the
City’s conduit system with minimal disruption to the public by requiring the installation of conduit
when certain frontage improvements may be required of development projects. Requiring the
installation of conduit when work within the public right-of-way is already taking place is more
cost effective and less disruptive to the public then making the improvements at a different time.
A goal of the City’s is to expand the City’s data and communication network to provide system
wide coordination of facilities such as traffic control devices and other utility facilities that are
monitored and operated remotely.
Developments are expected to provide for their proportionate share of related system needs
and the City has identified its data and communication network as a system need. The
ORD.B Page 85 of 391
Agenda Subject: Agenda Subject: Ordinance No. 6414 Date: July 10, 2012
Page 5 of 5
proposed code amendments are structured to allow the flexibility of requiring conduit to be
installed when certain frontage improvements are required not an absolute requirement.
Planning Commission Recommendation
Planning Commission recommended approval to the City Council.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6416
Date:
July 9, 2012
Department:
Planning and Development
Attachments:
Agenda Bill
Ordinance No. 6416
Budget Impact:
$0
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6416.
Background Summary:
See attached.
Reviewed by Council Committees:
Municipal Services, Planning And Community Development Other: Legal, Planning
Commission
Councilmember:Backus Staff:Snyder
Meeting Date:July 16, 2012 Item Number:ORD.D
AUBURN * MORE THAN YOU IMAGINEDORD.D Page 92 of 391
AGENDA BILL APPROVAL FORM
Agenda Subject: Ordinance No. 6416 Date: July 10, 2012
Department: Planning, and Development
Attachments: Ordinance No.
6416
Budget Impact: N/A
Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6416.
Background Summary:
Ordinance No. 6416 contains amendments to Chapters 18.02.020 and 1.04.060 of the Auburn City Code
for the purpose of creating a clear City policy in order to enact and comply with Federal and States laws
due to conflict that arose from the State Legislature adoption of a law that allowed local governments to
approve and regulate “medical marijuana collective gardens”, in conflict with existing Federal law which
classifies marijuana as a schedule 1 drug that is illegal to use. Resolution No. 4739 was adopted by City
Council on August 15, 2011, the resolution established a year long moratorium on collective gardens.
The Planning Commission initially discussed the option of extending the existing moratorium on collective
gardens at the February 7, 2012 and May 8, 2012 meetings.
At the May 29, 2012 Planning and Community Development Committee meeting staff provided an update
on the Planning Commission discussions. The Committee directed staff to draft an ordinance to eliminate
the need for a moratorium.
Staff presented this request back to the Planning Commission at the June 5th meeting. The Planning
Commission concurred with the Planning and Communit y Development Committee and directed staff to
prepared the code amendment. The Planning Commission held a public hearing on the proposed
Ordinance No. 6416 at the July 3rd meeting. Following the close of the public hearing, the Planning
Commission recommended to the City Council on a 6-0 vote approval of the policy changes contained in
the ordinance. On July 9th, the Municipal Services Committee and the Planning and Community
Development Committee considered the Planning Commission’s recommendation on this proposed
ordinance and both committees unanimously recommended approval of Ordinance No. 6416 to City
Council.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Information Services
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Backus Staff: Snyder
Meeting Date: July 16, 2012 Item Number:
ORD.D Page 93 of 391
Agenda Subject: Agenda Subject: Ordinance N0. 6416 Date: July 10, 2012
Page 2 of 5
Findings of Fact
1. Following the 2011 Washington State Legislative Session, the City Council considered the
recent changes in State law that allowed local governments to approve and regulate
“medical marijuana collective gardens.” “Medical marijuana collective gardens” are defined
by the language in the bill please see Exhibit E for the full text of the legislation.
2. On August 15, 2011, the City Council passed Resolution No. 4739, establishing a
moratorium. The moratorium was imposed to provide adequate time to refer this matter to
the Planning Commission for study and for recommendations back to the City Council on
possible regulations that the City could implement on medical marijuana collective gardens.
3. City Council held a public hearing on September 19, 2011, in order to take testimony
regarding the moratorium and interim regulations. No public comment was received.
4. The City Council remanded the matter to the Planning Commission for review and
development of recommendations for regulation of medical marijuana collective gardens.
5. At various meetings since the passage of City of Auburn Resolution No. 4739, the Planning
Commission has held study sessions to review and discuss possible impacts of collective
gardens. The range of impacts include such things as:
a. Conversion of residential uses into marijuana cultivation and processing facilities,
removing valuable housing stock in the community;
b. Degrading neighborhood aesthetics due to shuttered up homes, offensive odors;
increased night-time traffic; parking issues; loitering from potential purchasers
looking to buy from a collective member;
c. Environmental damages from chemicals being discharged into surrounding and
off- site soil and storm and sanitary sewer systems;
d. Serious risk of fire hazard due to overloaded electrical service connections used
to operate grow lights and fans;
e. Improper ventilation of indoor growing operations leading to high levels of
moisture and mold;
f. Illegal structural modifications of buildings to accommodate such uses; and
g. Criminal issues such as home invasions, burglaries of medical marijuana
facilities, theft and property damage.
6. At the February 7, 2012 and May 8, 2012 Planning Commission meetings, staff presented
two memorandums in accordance with the work plan established by the moratorium
(Resolution No. 4739), staff continued to research pending legal decisions regarding the
legality of marijuana and associated collective gardens.
7. At the May 29, 2012 Planning and Community Development Committee meeting, staff
provided an update on the research for the creation of regulations for collective gardens in
compliance with the work plan. In response, the Committee directed that staff should further
investigate the approaches taken by the Cities of Woodinville and Pasco to adopt an
ordinance that will not allow anything in the zoning code that violates State and or Federal
law.
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Page 3 of 5
8. Staff presented the recommendations of the Planning and Community Development
Committee back to the Planning Commission at the June 5th meeting. On June 4th, the
City of Pasco approved Ordinance No. 4059 repealing the moratorium on medical marijuana
collective gardens and amending the Pasco Municipal Code to state that it “does not allow
any use which is in violation of any local, State, or Federal laws, regulations, codes, and/or
ordinances.”
9. Following the close of the public hearing at the July 3, 2012 meeting, the Planning
Commission recommended approval of the policy changes contained in the ordinance to the
City Council on a 6-0 vote (Joan Mason was absent).
10. On July 9th, the Municipal Services Committee and the Planning and Community
Development Committee considered the Planning Commission’s recommendation on this
proposed ordinance and with two seperate decisions both committees unanimously
recommended approval of Ordinance No. 6416 to City Council.
11. This code amendment and proposed new code section are supported by the City of
Auburn’s Comprehensive Plan. The proposal complies with the following policies. An
analysis of the proposal’s consistency to these policies follows in the Conclusions section,
below.
• The second policy statement in Chapter 2 the general planning approach, GP 2, which
states that the City should develop its plans and programs after thorough analysis of
community problems, potentials and needs.
• The proposed changes are supported by policy GP 11 which states that ordinance
provisions designed to protect residential areas shall give priority to providing
predictability and stability to the neighborhood.
• The proposed changes are supported by policy GP 23 – which states that the City
should continue its participation in various State and Federal agencies and organizations
concerned with land use planning and development and the protection of natural and
cultural resources and critical areas.
• Further the proposed changes are supported by policy GP 30 – which states that the
City should seek to establish and maintain an image appropriate for the community to
assist in most effectively attracting the types of economic activities which best meet the
needs and desires of the community.
12. A Determination of Non-Significance (DNS) was issued for the proposed amendment to
Chapters 18.02.020, and new section 1.04.060 on June 15, 2012. The comment period
ended on June 30, 2012. Staff did not received any comments on the proposed
amendment. The appeal period ends on July 16, 2012.
13. Pursuant to RCW 36.70A.106, the proposed zoning code amendments outlined in this
agenda bill were sent to the Washington State Department of Commerce and other state
agencies as required for the expedited State review and were received by Department of
Commerce on June 15, 2012. Staff received a letter of response from the State Department
of Commerce on June 21 documenting that “the procedural requirement under RCW
36.70A.106” has been met.
ORD.D Page 95 of 391
Agenda Subject: Agenda Subject: Ordinance N0. 6416 Date: July 10, 2012
Page 4 of 5
14. The public hearing notice was published on June 18, 2012 in the Seattle Times newspaper
at least 10-days prior to the Planning Commission public hearing scheduled for July 3, 2012.
15. The Planning Commission held the public hearing on July 3, 2012 and recommended
approval of the proposed code amendments to the City Council.
16. On July 9, 2012 the Municipal Services Committee and Planning and Community
Development Committee reviewed the Planning Commission’s recommendation and both
committees recommended approval to the full City Council.
17. The following discussion outlines the proposed amendments to Chapters 18.02.020,
‘Authority to adopt code”, and 1.04.060 “Conflict of ordinances with state or federal law’
scheduled for the City Council’s July 16, 2012 public hearing with a staff recommendation:
Conclusions
These code amendments are supported by the City of Auburn’s Comprehensive Plan, by the
following objectives and policies found in Chapter 2 – General Planning Approach:
1) GP 2 -- The City should develop its plans and programs after thorough analysis of
community problems, potentials and needs.
Complies. The proposal achieves general planning approach Policy GP- 2 which states that
the City of Auburn should develop its plans and programs after thorough analysis of community
problems, potentials and needs. The proposed amendment and new code section supports the
ability of the City of Auburn to manage growth in the City that is in full compliance with all
applicable State and Federal laws.
2) GP 11 – Ordinance provisions designed to protect residential areas shall give priority to
providing predictability and stability to the neighborhood.
Complies. The proposed amendment and new code section comply with Policy GP-11 which
states that the City of Auburn should adopt ordinance provisions designed to protect residential
areas and give priority to providing predictability and stability to neighborhoods. The proposed
amendment and new code section provides clear direction to support neighborhoods from uses
which may be in conflict with applicable State and Federal laws. The proposed amendment and
new code section also provide direction to the community when there may be a conflict between
State and Federal law. The proposed amendment directs the community to require that all
applicable changes to the zoning code shall be in compliance with the laws as established both
legislative bodies.
3) GP 23 – The City should continue its participation in various State and Federal agencies
and organizations concerned with land use planning and development and the protection of
natural and cultural resources and critical areas.
Complies. The proposed amendment and new code section also supports Policy GP-23 which
state that the City should continue its participation in various State and Federal agencies and
organizations concerned with land use planning and development and the protection of natural
and cultural resources and critical areas. Mayor Lewis, as a member of the United States
ORD.D Page 96 of 391
Agenda Subject: Agenda Subject: Ordinance N0. 6416 Date: July 10, 2012
Page 5 of 5
Conference of Mayors, recently signed a letter of support urging the Drug Enforcement Agency
(DEA) to initiate rulemaking proceedings for the reclassification of medical cannabis from
Schedule I to Schedule II of the Controlled Substances Act so qualifying patients who follow
State law may obtain the medication they need through the traditional and safe method of
physician prescribing and pharmacy dispensing. The proposed amendments support the City’s
continued participation in various State and Federal agencies and organizations concerned with
land use planning and development. The City’s participation in these agencies and
organizations allows the City to seek direction from these agencies to ask for clear direction in
order to reasonably apply State and Federal laws.
4) GP 30 – The City should seek to establish and maintain an image appropriate for the
community to assist in most effectively attracting the types of economic activities which best
meet the needs and desires of the community.
Complies. The proposed amendment and new code section further complies with the General
Planning Approach chapter of the Comprehensive Plan, Policy GP-30 which states that the City
should seek to establish and maintain an image appropriate for the community to assist in most
effectively attracting the types of economic activities which best meet the needs and desires of
the community. The City establishes an image of reasonableness by establishing a policy that
clearly states that no new ordinances shall be adopted that are in conflict with either State or
Federal law. This policy creates a clear boundary for the City when the burden of resolution
should be taken by another agency. The application of local, State, and Federal regulations is
important to the business community as there are direct implications for the cost of starting and
maintaining a business. The clear application of laws is important to establish and
communicate to the business community an image of credibility, reliability and predictability.
Maintenance of this image through consistent action is important for the attraction of the types
of economic activities which best meet the needs and desires of the community.
Planning Commission Recommendation
Planning Commission recommended approval as presented by staff.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6417
Date:
July 9, 2012
Department:
Finance
Attachments:
Ordinance No. 6417
Code being repealed
Budget Impact:
$0
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6417.
Background Summary:
The City of Auburn has used a municipal court to carry out its law enforcement and
judicial responsibilities.
In connection with the ongoing and changing judicial responsibilities with which the City
is involved, the City Council has explored alternative approaches to address efficiencies.
After a thorough review of the alternatives and options available to the City and in light of
the proposal that the City of Auburn received from the King County District Court system,
is advantageous for the City to repeal its municipal court and contract with the King
County District Court for judicial services.
This decision is subject to the impacts of collective bargaining.
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Peloza Staff:Coleman
Meeting Date:July 16, 2012 Item Number:ORD.E
AUBURN * MORE THAN YOU IMAGINEDORD.E Page 108 of 391
------------------------------
Ordinance No. 6417
July 2, 2012
Page 1 of 2
ORDINANCE NO. 6 4 1 7
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, REPEALING
CHAPTER 2.14 OF THE AUBURN CITY CODE
RELATING TO MUNICIPAL COURT SYSTEM
WHEREAS, with the law enforcement and judicial responsibilities of the
City of Auburn, either as directed by state law or through City ordinance, the City
of Auburn has utilized a municipal court created pursuant to Chapter 3.50 of the
Revised Code of Washington (RCW), and provided in Chapter 2.14 of the
Auburn City Code (ACC); and
WHEREAS, in connection with the ongoing and changing judicial
responsibilities with which the City is involved and in order to address efficiencies
that can be gained through alternative approaches, the City Council has explored
different approaches to addressing those judicial responsibilities relating to City
law enforcement; and
WHEREAS, after a thorough review of the alternatives and options
available to the City and in light of the proposal that the City of Auburn received
from the King County District Court system, a proposal that allows additional
judicial services to be provided to the citizens of the City of Auburn, including but
not limited to small claims and civil court services, and the efficiencies that can
be provided through working with the King County District Court system,
efficiencies that result in cost-savings to the City and to the citizens of the City of
Auburn, it is advantageous for the City to repeal its municipal court and contract
with the King County District Court for judicial services.
ORD.E Page 109 of 391
------------------------------
Ordinance No. 6417
July 2, 2012
Page 2 of 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. That the provisions of Chapter 2.14 of the Auburn City Code
be, and the same hereby are repealed.
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 3. Severability. The provisions of this ordinance are declared to
be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the
remainder of this ordinance, or the validity of its application to other persons or
circumstances.
Section 4. Effective date. This Ordinance shall take effect and be in
force five days from and after its passage, approval and publication as provided
by law and on the _____ day of _________________, 20_____.
INTRODUCED: ___________________
PASSED: ________________________
APPROVED: _____________________
________________________________
PETER B. LEWIS, MAYOR
ATTEST:
___________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
__________________________
Daniel B. Heid, City Attorney
Published: _________________
ORD.E Page 110 of 391
TEXT TO BE REPEALED BY ORDINANCE NO. 6417
Chapter 2.14
MUNICIPAL COURT SYSTEM
Sections:
2.14.010 Couct established.
2.14.020 Jurisdiction.
2.14.030 Judges—Appointment—Qualifications.
2.14.040 Salaries and costs.
2.14.050 Municipal court employees.
2.14'.060 Judges pro tem.
2.14.070 Judicial vacancy.
2.14.080 Removalofjudge.
2.14.090 Municipal court hours.
2.14.100 Sentences.
2:14:710 Deferral and suspension of sentences.
2.14.120 Complaints.
2.14.130 Pleadings, prectice and procedure:
2.14:140 Case transfers.
2.14:150 Court seal.
2.14.160 Civil jury trials.
2.14.170 Criminalprocess.
2.14:180 Revenue disposition.
2.14.010 Court established.
There is established a municipal court entitled "the municipal court of the city of Auburn,"
hereinafter referred to as "municipal court" or"court." (Ord.4521 § 1 (Exh.A), 1991.)
2:14.020 Jurisdiction.
A. The municipal courtshalF have jurisdiction and shall exercise all powers enumerated in
this chapter and in Chapter 3.50 of the Revised Code of Washington, ezisting or amended ator after the
effective date of the ordinance codified in this chapter,together with:such other powers and jurisdiction
as are generally conferred upon such court in the state ofi Washington either by common law or by
express statute.
B.The municipal court shall have exclusive original jurisdiction over traffic infractions
arising under city ordinances and exclusive original c iminal jurisdiction of all violations of city
ordinances duly adopted by the city. The municipal court shal6 have original jurisdiction of all other
actions brought to enforce or recover license penalties or forfeitures declared or given by such
ordinances or by state statutes. The'municipal court shall'also have the jurisdictionas conferred by state
statute. The municipal court is empowered to forfeit cash bail or bail bonds and issue execution
thereon; and in generel to hear and determine all causes, civil or criminal, including traffic infrections,
arising under such ordinances and to pronounce judgment in accordance therewith. (Ord.4521 § 1 (Exh.
A), 1991.)
2.14.030 Judges—.Appointment-4ualifications.
A. Tlie municipal court judge shall be appointed by the mayor, subject to confirmation by
the city council, for the term beginning January 1, 1996, which term shall be for two years ending
December 31, 1997. The municipal court judge shall be elected for the term begin ing January 1, 1998,
Chapter 2.14 ACC Page 1
ORD.E Page 111 of 391
for a term of four years commencing January 1, 1998, and ending December 31, 2001, and elected every
four years thereafter.
8.A person appointed as municipal court judge shall be a citizen of the United States of
America and of the state of Washington, and an attorney admitted to prectice law before the courts of
record of the state of Washington. A municipal court judge shallbe elected in the same manner as other
elective city officials are elected to office. (Ord. 4816 § 1, 1995; Ord. 4815 § 1, 1995; Ord. 4809 § 1,
1995; Ord.4521 4 1 (Exh. A, 1991.)
2.14.040 Salaries and costs.
The salary of the municipai court judge shail be established through the adoption of the yearly
budget ordinance. All costs of operating the municipal court, including but not limited to, salaries of
judges and court employees, dockets, books of records, forms,fumishings and supplies, shall be paid
wholly out of the funds of the city. The city shall provide a suitable place for holding court and pay all
expenses of maintaining it: (Ord.4521§ 1 (Exh.A), 1991.)
2.14.050 Municipal court employees.
All employees of the municipal court shall, for all purposes, be deemed employees of the city of
Auburn. They shall be appointed by and serve at the pleasure of the court; provided, that all applicable
city personnel practices and procedures with respect 4o hiring and termination are followed.Supervision
of the court employees regarding nonjudicial matterssliallbe by the mayor or designee. (Ord. 4521 § 1
Exh. A), 1991.)
2.14.060 Judges pro tem.
The presiding judge shall, in writing, appoint judges pro tem who shall act irr the absence or
disability of the regular judge of the municipal court or subsequent to the filing of an affidavit of
prejudice. 7he judge pro tem shall be qualified to hold the position of judge of the municipal court as
provided in this chapter. The judge pro tem shall recei4e such compensation as shall be established
through theadoption of the yearly budget ordinance:.The term of the appointment shall be specified in
writing but in any event shall not extend beyond the term of the appointing judge. (Ord. 5635§4, 2002;
Ord.4521 § 1 (Exh.A), 1991.)
2.14.070 Judicial vacancy.
Any vacancy in the position of the municipat court judge due to death, disability; resignation or
removal shail be filled by the mayor for the remainder of the unexpired term. The appointment shall be
subject to confirmation of the city council. The appointed judge shali be qualified to hold the position of
judge of the municipal court as provided in this cHapter and Chapter 3.50 RCW. (Ord. 4521 4 1 (Exh. A),
1991.)
2.14.080 Removal of judge.
The municipal judge shall be removed in accordance with city personnel policies, procedures
and standards only upon conviction of misconduct or malfeasance in office or conduct which is
detrimental to the best interest of the city or because of physical or mental disability rendering the
judge incapable of performing the duties of the office. (Ord. 4521 § 1 (Exh. A), 1991:)
2.14.090 Municipal court hours.
The municipal court shall be open and shall hold such regular and special sessions as may 6e
prescribed by themunicipal court judge. (Ord.4521 § 1 (Exh. A), 1991.)
Chapter 2:14 ACC Page 2
ORD.E Page 112 of 391
2:14.100 Sentences.
A.In all cases of conviction, unless otherwise provided in Chapters 3.30 through 3.74 RCW
as amended as of orafterthe effective date of the ordinance codified in this chapter, where a jail
sentence is given to the defendant, exewtion shali issue accordingly, and where tfie judgment of the
court is that the defendant pay a fine and costs, the defentlant may be committed to jail until the
judgment is paid in full.
e.A defendant who has been committed shall be discharged upon the payment for such
part of the fine and costs as remains unpaid after deducting from the whole amount any previous
payment, and after deducting the amount allowed for each day of imprisonment, which amount shall be
the same and computed in the same manner as provided for superior court cases in RCW 10.82.030 and
10.82.040, as amended as of or after the effective date of the ordinance codified in this chapter. In
addition, all otherproceedings in respect of such fine and costs shall be the same as in iike cases in the
superior couct. (Ord. 5683 4 1, 2002; Ord. 4521§ 1 (Exh. A), 1991.)
2:14.110 Deferral andsuspension ofisentences.
Unless otherwise provided by state law, the municipal court shall have the following sentencing
authority:
A.After a conviction, the court may defer sentencing and place the defendant on
probation and prescribe the conditions thereof, but in no case shall it extend for more than two years
from the date of conviction. During the time of the deferral, the court may, for good cause shown,
permit a defendant to witiidraw the plea of guilty, permit the defendant to enter a plea of not guilty,
and dismiss the charges.
B.Fora period not to exceed,two years after imposition ofsentence, the municipal court
shall have continuing jurisdiction and authority to suspend the exewtion of all or any part of tRe
sentence upon stated terms, including installment payment of fines.
C.Deferrel of sentence and suspension of execution of sentence may be revoked if the
defendant violates or fails to carry out any of the conditions of the deferrel or suspension. Upon the
revocation of the deferrel or suspension, the court shail impose the sentence previously suspended or
any unexecuted portion thereof. In no caseshall the court impose a sentence greater than the ociginal
sentence, with credit given for time served and money paid on fine and costs.
D. Any time before entering an order terminating probation, the court may revoke or
modify its order suspending the imposition or execution of the sentence. If the ends of justice will be
served and when warranted by the reformation of the proliationer, the court may terminate the period
of probation and discharge the person so held. (Ord.4521 § 1 (Exh.A), 1991.)
2.14.120 Complaints.
All criminal prosecutions for the violation of a city ordinance shall be conducted in the name of
the city and may be upon the complaint of any person. (Ord. 4521 § 1 (Exh.A), 1991.)
2.14.130 Pleadings, practice and procedure.
Pleadings, practice and procedure in cases not govemed by statutes or rules specifically
applicable to municipal courts shall insofar as applicable, be governed by the statutes and rules existing
or adopted as of or after the effective date of the ordinance codified in this chapter, governing
pleadings, practices and procedures applicable to district courts. (Ord. 4521 § 1.(Exh. A), 1991.)
Chapter 2.14 ACC Page 3
ORD.E Page 113 of 391
2.14.140 Case transfers.
A trensfer of a case from the municipal judge to either another municipal judge of the city or to
a judge pro tempore appointed in the manner prescribed by this chapter shall be allowed in accordance
with RCW 3.66.090 in all civil and criminal proceedings. (Ord. 4521 § 1 (Exh. A), 1991.)
2.14.150 Court seal.
The municipal court shall have a seal which shal be the vignette of George Washington, with the
words "Seal of the Municipal Court of Auburn,5tate of Washington" surrounding the vignette. (Ord.
4521 § 1 (Exh.A), 1991.)
2.14.160 Civil jury trials.
In all ciyil cases, the plaintiff or defendant may demand a jury, which shall consist of six citizens
of the state who shall be impaneled and sworn as in cases hefore district courts, or the trial may be by a
judge of the municipal court; provided, that no jury trial may be held on a proceeding involving a traffic
infrection. A party requesting a jury shall payto the court a fee which shall be the same as that for a jury
in district court.lfmore than one party requests a jury, only one jury fee shall be collected by the court.
The fee shali be apportioned among the requesting parties. Each juror shall receive $10.00 for each day
in attendance upon the municipal court, and in addition thereto shall receive mileage at the rate
determined under RCW 43.03.060. (Ord.4521 § 1 (Exh. A), 1991.)
2.14.170 Criminal process.
All criminal process issued by the municipal court shall be in the name of the state and run
throughout the state, and be directed to and served by the chief of police, marshal, or other police
officer ofany city or to a sheriff in the state. (Ord.A521 4 1 (Exh. A), 1991.)
2.14:180 Revenue disposition.
A.Costs in civil and criminal actions may be imposed as provided in distcict court. Ail fees,.
costs (except those costs awarded to prevailing parties under RCW 4.84.010 and RCW 36.18.040 or
other similar statutes), fines, forfeitures end other money imposed by the municipal court for the
violation of any city ordinances shall be collected by the court clerk and, together with any other
revenuesrecei4ed by the cierk, shall be deposited with the city finance director as a part of the generai'
fund of thetity, or deposited in such otherfunds as may be designated by the laws of the state.
B. The city finance director shall remit monthly 32 percent of the money received under
this section, other than for parking inf actions, to the State Treasurer.. Money remitted under 4his
subsection to the State Treasurer shall be deposited as provided inRCW 43.08.250.
C.The balance of the money received under this section shall be retained by fhe city and
deposited as provided by law. (Ord.4521 § 1 (Exh. A), 1991.)
Chapter 2.14 ACC Page 4
ORD.E Page 114 of 391
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6418
Date:
July 9, 2012
Department:
Planning and Development
Attachments:
Agenda Bill
Ordinance No. 6418
Budget Impact:
$0
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6418.
Background Summary:
See attached.
Reviewed by Council Committees:
Planning And Community Development, Public Works Other: Planning Commission,
Legal
Councilmember:Backus Staff:Snyder
Meeting Date:July 16, 2012 Item Number:ORD.F
AUBURN * MORE THAN YOU IMAGINEDORD.F Page 115 of 391
AGENDA BILL APPROVAL FORM
Agenda Subject: Ordinance No. 6418 Date: July 10, 2012
Department: Planning and
Development
Attachments: Ordinance No. 6418 Budget Impact: N/A
Administrative Recommendation: City Council introduce and adopt Ordinance No. 6418.
Background Summary:
Over the past several years, the City made significant changes to the municipal code, specifically to Title
17, which addresses land adjustments. Now that these revised codes have been in place and applied to
various projects, staff has identified amendments that are needed to clarify regulations and amendments
related to recent changes in state law. The proposed code amendments also include changes related to
recent amendments in state law.
The Planning Commission held a public hearing on the proposed code amendments on July 3, 2012 and
recommended approval to the City Council with no changes to the proposed amendments.
The Planning and Community Development Committee reviewed the Planning Commission’s
recommendation at their July 9, 2012 and recommended approval to the full City Council with no changes
to the proposed amendments.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Information Services
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Backus Staff: Snyder
Meeting Date: July 16, 2012 Item Number:
ORD.F Page 116 of 391
Agenda Subject: Agenda Subject: Ordinance No. 6418 Date: July 10, 2012
Page 2 of 6
Findings of Fact
1. In general, the intent of the proposed zoning code amendments is to provide clarification
in the regulations, address recent changes in state law, and address comments received
from customer inquiries.
2. The process for zoning code text amendments is described in ACC Chapter 18.68.,
18.68.020 Initiation of amendments.
B. Text.
1. The city council, or planning and development committee of the city council, upon its
own motion may request the planning commission to conduct a public hearing to amend
any portion or all of this title; provided, that text amendments that are purely
administrative or procedural do not require a public hearing, nor do they require
preliminary review or recommendations of the planning commission;
2. The planning commission may upon its own motion call for a public hearing to amend
any portion or all of this title, with the exception of purely administrative or procedural
amendments;
3. Any resident or property owner of the city may petition the city to request an
amendment to the text of this title.
C. For the purposes of this chapter, substantive amendments shall be distinguished from
procedural or administrative amendments in accordance with the following: “Substantive”
matters relate to regulations that define or limit what can be done in terms of conduct,
use or action (e.g., what use may be made of land, what requirements apply to
development, what public infrastructure may be required of certain developments), and
“procedural” or “administrative” matters are those that relate to the process of how an
application to take such action must be pursued (e.g., time limits for applications and
appeals, what forms must be used, and where or how applications must be submitted.
Essentially, “procedural” or “administrative” matters are the mechanical rules by which
substantive issues may be pursued). (Ord. 6287 § 2, 2010; Ord. 6198 § 3, 2008; Ord.
4840 § 1, 1996; Ord. 4304 § 1(46), 1988; Ord. 4229 § 2, 1987.)
18.68.030 Public hearing process.
A. Text Amendments. With the exception of purely administrative or procedural
amendments, the planning commission shall conduct at least one public hearing on all
amendments to this title. The planning commission shall make a recommendation to the
city council who may or may not conduct a public hearing.
C. City Council Decision. The city council may affirm, modify or disaffirm any
recommendation of the planning commission or hearing examiner with regard to
amendments of the text or map of this title. (Ord. 6198 § 4, 2008; Ord. 4840 § 1, 1996;
Ord. 4229 § 2, 1987.)
18.68.040 Public hearing notice requirements.
A. Text Amendments.
1. Planning Commission. For text amendments that require a public hearing under ACC
18.68.030(A), notice of a public hearing shall be given by publication, in a newspaper of
ORD.F Page 117 of 391
Agenda Subject: Agenda Subject: Ordinance No. 6418 Date: July 10, 2012
Page 3 of 6
general circulation in the area, at least 10 days prior to the public hearing and by posting
the notice in three general public locations.
2. City Council. Notice of a public hearing shall be given by publication, in a newspaper
of general circulation in the area, prior to the public hearing and by posting the notice in
three general public locations.
3. The process for amending Title 17, Land Adjustments and Divisions, is outlined in ACC
Section 17.02.090.
17.02.090 Amendments.
A. Initiation of Amendments.
1. The city council, or the planning and development committee of the city council, upon
its own motion may request the planning commission to conduct a public hearing to
amend any portion or all of this title; provided, that no public hearing is required for a
purely administrative or procedural amendment of any portion of this title;
2. The planning commission may upon its own motion call for a public hearing to amend
any portion or all of this title, with the exception of purely administrative or procedural
amendments;
3. Any resident or property owner of the city may petition the city to request an
amendment to the text of this title.
B. Public Hearing and Notice.
1. With the exception of purely administrative or procedural amendments, the planning
director shall schedule a public hearing to be held before the planning commission for
any proposal to amend this title or to adopt or repeal any ordinance under the authority
established by Chapter 58.17 RCW. The director shall cause notice of such hearing to
be given as follows:
a. By sending to any individual or organization which has submitted a request for
notification a notice indicating the time and place of public hearing, describing the
general nature of the proposal, and indicating how copies of the proposed ordinance or
amendment can be obtained; and
b. By publishing in a newspaper of general circulation in the area a notice indicating the
time and place of public hearing, describing the general nature of the proposal, and
indicating how copies of the proposed ordinance or amendment may be obtained.
2. For all proposals to make purely administrative or procedural amendments to this title,
the planning director shall cause notice of such proposed amendment to be given as
follows:
a. By sending to any individual or organization which has submitted a request for
notification advance notice of the proposed amendment that indicates how copies of the
proposed amendment can be obtained.
b. By publishing in a newspaper of general circulation in the area advance notice of the
proposed amendment that indicates how copies of the proposed amendment can be
obtained.
3. For the purposes of this section, substantive amendments shall be distinguished from
procedural or administrative amendments in accordance with the following: substantive
matters relate to regulations that define or limit what can be done in terms of conduct,
use or action (e.g., what use may be made of land, what requirements apply to
development), and procedural or administrative matters are those that relate to the
process of how an application to take such action must be pursued (e.g., time limits for
applications and appeals, what forms must be used, and where or how applications must
ORD.F Page 118 of 391
Agenda Subject: Agenda Subject: Ordinance No. 6418 Date: July 10, 2012
Page 4 of 6
be submitted. Essentially, procedural or administrative matters are the mechanical rules
by which substantive issues may be pursued).
C. Planning Commission Recommendation. After the public hearing has been closed,
the planning commission shall recommend to the council either adoption, adoption with
modifications, or rejection of the proposed ordinance or amendment. In formulating its
recommendation, the commission shall consider, among other things, the relationship
between the proposed ordinance or amendment and the comprehensive plan, other
applicable city policies, and other existing land use controls.
D. City Council Action. The planning director shall forward the planning commission’s
recommendation, in writing, to the council. The council may elect to hold its own public
hearing, either before the full council or before a council committee, in which case the
city clerk shall cause adequate notice to be given. The council shall consider, but shall
not be bound by, the planning commission’s recommendation in reaching its own
decision. (Ord. 6287 § 2, 2010; Ord. 6239 § 1, 2009.)
4. The proposed code amendments are supported by the City of Auburn Comprehensive
Plan as identified in the conclusion section of this staff report.
5. A Determination of Non-Significance was issued for the proposed amendments on June
13, 2012. The 14-day comment period ends on June 27, 2012. The appeal periods
ends on July 11, 2012.
6. Pursuant to RCW 36.70A.106, the proposed zoning code amendments outlined in this
agenda bill were sent to the Washington State Department of Commerce and other state
agencies as required for the 60-day state review required for modification of
development regulations. The amendments were sent on June 13, 2012 and expedited
review was requested. The Department of Commerce acknowledged receipt on June
14, 2012. Expedited has not been granted as of the writing of this staff report. If the
request is denied then the standard 60-days applies from the submittal date of June 13,
2012.
7. Staff presented the draft code language to the Planning Commission on June 5, 2012 for
review and discussion.
8. Two comments on the proposed amendments were received; one from the Auburn
School District and the second from the Federal Way School District.
9. The public hearing notice was published on June 20, 2012 in the Seattle Times at least
10-days prior to the Planning Commission public hearing scheduled for July 3, 2012.
10. The Planning Commission held a public hearing on July 3, 2012 with no public testimony
on the proposed code amendments. The Planning Commission recommended approval
of the proposed code amendments as presented by staff.
11. The Planning and Community Development reviewed the proposed code amendments
at their July 9, 2012 meeting and recommended approval to the full City Council with no
changes to the proposed amendments.
ORD.F Page 119 of 391
Agenda Subject: Agenda Subject: Ordinance No. 6418 Date: July 10, 2012
Page 5 of 6
12. The following conclusions support the proposed amendments to Title 17, Land
Adjustments and Divisions, Title 18, Zoning, and Title 19, Impact Fees scheduled for
City Council action on July 16, 2012.
Conclusions
1. Pursuant to ACC Section 18.68.020 and 17.02.090, amendments of Titles 17 and 18
require a public hearing before the Planning Commission with a public hearing notice
published at least 10-days prior to the public hearing date.
Comment:
The public hearing notice was published in the Seattle Times on June 20, 2012 which is
at least 10-days prior to the Planning Commission public hearing scheduled for July 3,
2012. The public hearing notice was also posted on the City’s website.
2. These code amendments are supported by the City of Auburn’s Comprehensive Plan as
follows:
GP-3: The Planning Department will develop an annual work program that includes
work elements directed toward studying basic community needs, policy development,
and code administration.
LU-44: Home occupations in residential neighborhoods shall be permitted only if they
comply with performance standards that ensure compatibility with adjacent residential
uses.
Chapter 5 – Capital Facilities
Comment:
The proposed code amendments comply with the above comprehensive plan polices or
chapters. The Planning Department has set up an annual program where staff
documents potential amendments to the municipal code that have identified through use
of the code on project applications, results of customer inquiries, or to address changes
at the state level.
One of the proposed amendments addresses the Home Occupation regulations
(Chapter 18.64) specifically, home occupations operating on federal holidays. Staff
received a customer inquiry questioning why home occupations could not operate on
federal holidays when other businesses could operate. Allowing a home occupation
business to operate on federal holidays is not incompatible with residential uses. The
home occupation regulations would still limit the number of vehicle trips to the business.
The proposed amendment to Title 19, Impact Fees, revises when school districts are to
submit their request for an impact fee increase. When the City processes the school
district capital facilities plan (CFP) we also want to know if a school impact fee increase
is being requested so that increase can be reviewed concurrently with the CFP.
Annually the City adopts by reference the four school district CFPs.
ORD.F Page 120 of 391
Agenda Subject: Agenda Subject: Ordinance No. 6418 Date: July 10, 2012
Page 6 of 6
The remaining code amendments modify when the deadline for final short plat and final
plat submittals to be consistent with recent changes in state law, clarify regulations that
were part of the Phase 1 code update work, and remove from the Downtown Urban
Center zoning district chapter the review by the Downtown Redevelopment Committee
as that council committee no longer exists.
Planning Commission Recommendation
Approval as presented by staff.
ORD.F Page 121 of 391
ORDINANCE NO. 6 41 8
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTIONS 17.09.Q35, 17.09.050, 17.09.070,
17.09.110, 17.10.020, 17:10.050 AND 17.10.110 OF
THE AUBURN CITY CODE RELATING TO LAND
ADJUSTMENTS AND DIVISIONS
WHEREAS, from time to time, amendments to the provisions of the
Aubum City Code relating to subdivisions are appropriate in order to update and
better reflect the current development needs and standards ofithe City;rand
WHEREAS, the City adopted signficant changes to its subdivision
regulations in 2009 and there are housekeeping amendments needed to clarify
those regulations; and
WHEREAS, the state legislature recently passed changes to RCW
58.17.140 related to the filing of final plats and it is appropriate that the City
modify its regulations accordingly; and
WHEREAS, following proper public notice, the Planning Commission
considered the proposed code amendments at a public hearing on July 3, 2012;
and
WHEREAS, after fuliy considering the testimony and information
p esented at the public hearing, on July 3, 2012, the Planning Commission made
its recommendations on the code amendments to the City of Auburn City
Council; and
WHEREAS, the Planning and Community Development Committee
reviewed 4he Planning Commission's recommendation at their July 9, 2012
meeting and forwarded their recommendation to the City Council; and
Ordinance No. 6418 '
July11, 2012
Page 1 of 15ORD.F Page 122 of 391
WHEREAS, the environmental review on the proposed changes has been
completed in accordance with the requirements of the State Environmental Policy
Act (SEPA) with a final Determination of Non-significance (DNS) issued June 13,
2012; and
WHEREAS, pursuant to RCW 36.70A.106, the proposed zoning code
amendments were sent to the Washington State Department of Commerce,
Growth Management Services, and other state agencies as required with
expedited review requested and acknowledgment received on June 14, 2012;
and
WHEREAS, no comments regarding the proposed zoning code
amendments have been received from the Department of Commerce or other
state agencies; and
WHEREAS, the Auburn City Council finds that the proposed amendments
provide clarification to the subdivision title and comply with recent changes to
state law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section L Amendment to Citv Code. That section 17.09.035 of
the Aubum City Code be and the same hereby is amended to read asfollows:
17.09.035 Survey requirements.
A. A licensed professional land surveyor licensed in the state of
Washington shail complete all'lot staking pursuant to RCW 58.09:040(1)cier--te
B. All lot corners, including interior lot corners, shall be marked with a
permanent marker that bears the land surveyor's registration num6ec When the
boundary lines follow a meandering line, the "corners" shall be set as directed by
Ordinance No. 6418 ^
July 11, 2012
Page 2 of 15
ORD.F Page 123 of 391
the city of Auburn.
C. When the legal description of the short subdivision utilizes partial or
complete section subdivisional breakdown to establish the boundaries, section
subdivision sunrey information shall be shown in accordance with the
requirements of WAC 332-130-030.
D. All reference monuments used in the establishment of the short
subdivision corners shall be identfied, described and noted as set or found.
When appropriate, the survey shall reference previous surveys that served as the
basis for the survey.
E. When the short subdivision is adjacent to a constructed public right-
of-way and the plat comers or its offset represent a quarter comer, section comer
or donation land claim that is not of record or has been lost (or obliterated), a
standard monument shall be placed.
F. Whenever a short subdivision is adjacent to existing right-of-way,
the centerline of the right-of-way shall be located on the plat drawing. If the
constructed improvements fall outside of the documented right-of-way, the
surveyor shall identify the existing edge of the pavement and limits of the
maintained right-of-way section on the drawing and show its relationship to said
centerline.
G. All requirements of Chapter 58.09 RCW and Chapter 332-130 WAC
governing minimum standards forland boundary surveys shall be met and a note
shall be placed that reads:
THIS SURVEY COMPLIES WITH ALL THE STANDARDS AND
GUIDELINES OF THE "SURVEY RECORDING ACT" CHAPTER
58.09 RCW AND WAC 332-130.
H. The side lot lines of each lot, which if extended would intersect with
the curb, shall be marked on the curb. (Ord. 6239 § 1, 2009; Ord. 6006 § 3,
2006. Formerly 17.14.035)
Section 2. That section 17.09.050 of the Au6um City Code be and the
same hereby is amended to read as follows:
17.09.50 Development requirements.
A. Lot Area and Dimensions. Each lot created by short subdivision
shall contain sufficient square footage and lot dimensions to meet the
requirements of ACC Title 18. Each lot to be served by an on-site sewage
disposal system shall be a minimum of 15,000 square feet in area and shail also
meet the minimum lot area requirements of the county department ofhealth rules
and regulations. Land contained in access easements, tracts or panhandies shall
not be included in lot area or lot dimension calculations for the purposes of this
sectian.
B. Every lot within a short subdivision shall be capable of being
reasonably senred by public or private sewage disposal, water, storm drainage
facilities and streets. The city will not approve a short subdivision for which a
Ordinance No. 6418
July 11, 2012
Page 3 of 15
ORD.F Page 124 of 391
building permit cannot be issued because of insufficient infrastructure.
C. Conformance with Adopted Plans. Street, water, sewer and storm
drainage facilities adjacent to or within the short subdivision shall be in
conformance with adopted city ordinances, standards and policies. Easements
for utilities recommended by such plans shall be provided to the city, with the
exact location of such easements 3o be determined by the city engineer.
D. Floods, Flood Control and Storm Drainage.
1. Where any portion of the proposed short subdivision lies within an
area of special flood hazard or regulatory floodway, conformance wifh adopted
city flood hazard area ordinances, standards and policies shall be required.
2. A conceptual storm drainage/site grading plan shall be required to
be submitted, as part of the short subdivision application, unless waived by the
city engineer.
3. The proposed subdivision should have one or more new lots in the
regulatory floodplain set aside for open space use through deed restriction,
easement, subdiVision covenant, or donation to a public agency. The density of
the development in the portion of the development outside the regulatory
floodplain may be increased in accordance with applicable land use and
subdivision regulations.
4. If a parcel has a buildable site outside the regulatory floodplain, it
shall not be subdivided to create a new lot, tract, or parcel within a binding site
plan that does not have a buildable site outside the regulatory floodplain. This
provision does not apply to Iots set aside from development and preserved as
open space.
E. Adjacent Streets. When any public street lying adjacent to the
property being short subdivided has insufficient width or for any other reason
does not conform to minimum street s tandards, in accordance with the city
design and construction standards, sufficient additional right-of-way shall be
dedicated to the city and appropriate improvements shall be made by the
subdivider to conform the abutting half of the street to such standards consistent
with Chapter 12.64A ACC.'Deferral of such improvement requirements shall be
in conformance with the city of Auburn design and construction standards.
F. Access.
1. All short subdivisions shall border on an opened, constructed and
maintained public street. All lots within a short subdivision shall either border on
an opened, constructed and maintained public street or shall be served by a
private street, access easement, tract or panhandle having direct access to such
a public street. Where private streets and access easements are provided, they
shall be improved or guaranteed to the city of Auburn and be in conformance
with the city of Auburn design and construction standards.
2. All private streets, access easements and panhandles shall be
capable of ineeting the fire access requirements of Chapter 15.36A ACC and the
development standards of Chapters 17.14 and 18.31 ACC, in addition to any
other requirements of this title, including, but not limited to, an adequate surface
for access and minimum turnaround requirements on dead-end streets or access
Ordinance No. 6418
July 11,2012
Page 4 of 15
ORD.F Page 125 of 391
easements as specified by the fire department.
3: All proposals shall ensure that all buildable lots shall have at least
one acces"s road connected to land outside the regulatory floodplain with the
surFace of 4he road at or above the FPE.
G. Dedication of Streets. Dedication of a public street or streets may
be required, whenever the city engineer finds that one or more of the following
conditions applies:
1. The general aiignment of a proposed private street, access
easement or panhandle follows the general alignment of a future arterial as
shown in the comprehensive plan; or
2. The general alignment of a proposed private street, access
easement or panhandle can be reasonably modified to provide a desirable
through-connection between two or more existing or planned public streets or
arterials; or
3. A public street would be necessary to provide adequate access to
adjacent property not subject to the p oposed short subdivision.
H. Non-motorized Recaui ements. In addition to anv frontaae
improvement reauirements and compliance with the Citv's Comarehensive
Transaortation Plan, sidewalks and other planninq features that assure safe
walkinq conditionsfor students who walk to and from school shall be considered.
I. Fire Hydrants. All lots within a short subdivision shall be capable of
being served by a fire hydrant as required by Chapter 13.16 ACC. Property
zoned RC, residential conservancy, may be exempt, provided the requirements
of ACC 13.16.030 are met.
1J. The final recorded subdivision plat shall include a notice that part of
the property is in the SFHA, riparian habitat zone and/or channel migration area,
as appropriate. (Ord. 6295 § 6, 2010; Ord. 6239 § 1, 2009; Ord. 6186 § 12, 2008;
Ord. 6006 § 3, 2006. Formerly 17.14.055).
Section 3. Amendment to Citv Code. That section 17.09.070 of the
Auburn City Code be and the same hereby is amended to read as follows:
17.09.070 Final short subdivision approval.
A. Timeframe for Final Short Subdivision Approval. A final short
subdivision meeting all requirements of this title and the conditions and
requirements of the written decision granting preliminary short subdiyision
app oval shail be submitted to the AubLrn planning and development department
within the
timeframes sqecified in ACC 17.09.110, unless otherwise extended by the
director or designee.
B. Procedures. Final short subdivision applications shall be processed
as a Type II land use action.
C. Application. An application for final short subdivision approval
meeting all requirements of Chapter 58.17 RCW and this title shall be submitted
Ordinance No. 6418
July 11, 2012
Page 5 of 15
ORD.F Page 126 of 391
to the department of planning and development accompanied by the following:
1_ Application materials consistent with the requirements of ACC
17.02.065.
2. A copy of the approved preliminary short subdivision.
3. A final short subdivision drawing meeting the requirements of
Chapter 58:17 RCW, including certifications, dedications, and title reports;
4. Agency recommendations pursuant to RCW 58.17.150;
5. A recordable survey and surveyor's signature meeting the
requirements of Chapter 58.09 RCW and RCW 58:17.250. The map and legal
descriptions included in the application for final short subdivision shall be
prepared and certified by a professional land surveyor licensed in the state of
Washington in a format acceptable to the city of Auburn and the Survey
Recording Act.
6. A title insurance report, not olderthan 30 days prior to the date of
application, confirming that the title of the land in the proposed subdivision is
vested in the name of the owners whose signatures appear on the final short
subdivision's certificate.
7. Computation data for all lots, streets and easements located within
the plat.
8. Failure of an applicant to submit all required application materials
shall be considered a lack of compliance with this section, and the director or
designee may withhold the application from further consideration until such time
as the application is complete.
9. Declaration blocks shall be provided for the original tract owner,
surveyor, approving governmental agencies, and recording certification, in a
manner as prescribed by the director.
10. Proof of the date of last legal segregation of the parcel of land to be
short subdivided, if deemed necessary by the planning director.
11. Copy of restrictions, if any, to be imposed upon the use of the 1and.
Such restrictions must be recorded simuftaneously with the short subdivision.
12. In any short subdivision where lots are served or to be served by a
private road, the subdivider shall furnish a copy of such further covenants or
documents that will result in:
a. Each lot owner having access thereto and having responsibility for
maintenance of any private road contained within the short subdivision in such a
condition as to allow free access for emergency vehicles
b. Such covenants or documents shall obligate any seller to give
actual notice to any prospective purchaser of the method of maintenance of the
private road, which notice shall be caused to be included in any deeds or
contracts relating to such sale and such covenants or documents shall be
recorded simultaneously with the short subdivision..
D. Preparation. The final short subdivision shall be prepared by a
professional land surveyor licensed by the state of Washington. The preparer
shall, by placing his or her signature and stamp upon the face of the final sho t
subdivision, certify that the final. short subdivision is a true and correct
Ordinance No. 6418
July 11, 2012
Page 6 of 15
ORD.F Page 127 of 391
representation of the land actually surveyed by the preparer, that the existing
monuments shown thereon exist as located and that all dimensional and
geodetic details are correct.
E. Scale and Format. The final plat shall be drawn with reproducible
ink on Mylarmeasuring 18 inches by 24 inches in size, with a one-inch border on
one edge and a one-half-inch border for the other three edges for projects in King
County and measuring 18 inches by 24 inches with a iwo-inch borderonthe left
edge and a one-half-inch border foc the other three edges for projects in Pierce
County. The final short subdivisiom shall be accurate, legible and drawn to an
engineering (decimal) scale of 100 feet or fewer to the inch. If more than one
sheet is required, an index sheet showing the entire subdivision with street and
highway names and block numbers (if any) shall be provided. Each sheet,
including the index sheet, shall be of the above-specified size. All signatures or
certifications appearing on a final short subdivision shall be in reproducible black
ink.
F. Final Short Subdivision Contents. A final short subdivision drawing
shall contain the following information:
1. The name of the short subdivision, if applicable;
2. Legal description of the property being subdivided;
3. Numeric scale, graphic scale, 6asis of bearings and date of
preparation of the final short subdivision;
4. The boundary line of the short subdivision, referenced to city datum
in accordance with city design and construction standards and based on an
accurate traverse, with angular and linear dimensions and bearings;
5. The exact location, width and assigned name of all streets, alleys
and other public ways within and adjacent to the short subdivision;
6. A table depicting the assigned address for each lot within the short
subdivision;
7. The exact location, width and purpose of all easements and
dedications forrights-of-way providedfior public and private services and utilities;
8. True courses and distances to the nearest established street lines,
or section or quarter section corner monuments which shall accurately locate the
short subdivision;
9. Municipal, township, county or section lines accurately tied to the
lines of the plat by distances and courses;
10. All lot and block numbers and lines, with accurate dimensions in
feet and hundredths of feet;
11. The radii, internal angles, points of curvature, tangent bearings and
lengths of all ares;
12. The accurate location of each permanent control monument. One
such monument shall be located at each and every controlling corner on the
boundaries of the parcel of land being sukidivided; at each street centerline
intersection, each point of curvature (PC), each point of tangency (P, and each
point of reverse curve (PRC); and at each intersection of a street centerline with
a plat boundary;
Ordinance No. 6418
July 11, 2012
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ORD.F Page 128 of 391
13. All plat meander lines or reference lines along bodies of water shall
be established above, but not farther than 20 feet from, the high water line of
such body;
14. Accu ate outlines and legal descriptions of any areas to be
dedicated or reserved for public use, with the purposes of such dedication or
reservation and any limitations indicated thereon and in the dedication;
15. Accurate outlines of any areas to be reserved by deed covenant for
common use of owners of property within the subdivision, together with the
purposes of such reservation;
16. Any restrictions or conditions on the lots or tracts within the short
subdivision, as required by the director,.or at the discretion of the property owner;
17. A signed certification stating that the short subdivision has been
made with the free consent, and in accordance with the desires, of the owner or
owners. If the short subdivision includes a dedication, the certificate or a
separate written instrument shall contain the dedication of all streets and other
areas to the public, any individual or individuals, religious society or societies, or
to any corporation, public or private, as shown on the plat, and a waiver of all
claims for damages against any governmental authority which may be
occasioned to the adjacent land by the established construction, drainage or
maintenance of said street or other areas so dedicated. Such cert cate or
instrument shall be signed and acknowledged before a notary public by all
parties having any interest in the lands subdivided. An offer of dedication may
include a waiver of right of direct access to any street from any property. Such
waiver may be required by the city engineer as a condition of approval. Roads
not dedicated to the public must be clearly marked on the face of the plat. Any
dedication, donation or grant as shown on the face of the plat shall be considered
as a quit claim deed to the said donee or grantee for use for the purpose
intended by the donation or grant. At the discretion of the city engineer,
conveyances ofi right-of-way may be required to be by statutory warranty deed.
The acceptance of right-of-way by the city shall not obligate the city to improve or
develop the lands in the right-of-way;
18. Forms for the appropriate certifications of the city engineer and
planning director, as follows:
CITY ENGINEER'S CERTIFICATE
I hereby certify that this short plat is in compliance with the certificate
of improvements issued pursuant to ACC 17.14.015, and is
consistent with all applicable City improvement standards and .
requirements in force on the date of preliminary short plat approval,
this day of 20_
Auburn City Engineer
PLANNING DIRECTOR'S CERTIFICATE
I hereby certify on this day of 20_,that
Ordinance No. 6418
July 11, 2012
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ORD.F Page 129 of 391
this final plat is in substantial conformance with the preliminary plat
and any conditions attached thereto, which preliminary shortplat was
approved on the day of 20_
192A. A form for the approval of the applicable county (King/Pierce)
assessor, as follows or as required by the applicable county, if different:
ASSESSOR'S APPROVAL.
Examined and approved this day of
20
CountyAssessor
Deputy County Assessor
Account number
2 0. A form for the certificate of the applicable county recorder
King/Pierce), as follows or as required by the applicable county, if different:
RECORDING CERTIFICATE
Filed for record at the request of the City of Auburn this day
of 20_ at minutes past M., and
recorded in Volume of Plats,page Records of(King
or Pierce) County, Washington.
County Recording Number
Manager
Superintendent of Records
2 1. Any additional pertinent information as required at the discretion of
the city engineer or planning director.
G. Decision-Making Criteria for Final Short Subdivision Approval. The
following criteria shall be used by the director or designee in consideration of final
short subdivision approval:
1. Whether conditions imposed when the preliminary short subdivision
was approved have been met;
2. The completion of the required improvements or their financial
guarantee in conformance with Ghapter 17.14 ACC;
3. Whether the final short subdivis.ion is in conformance with the city's
zoning regulations and all other applicable land use regulations;
4. The director or designee.shall not approve a final short subdivision
until he or she determines that it conforms to the approved preliminary short
subdivision and any conditions and restrictions imposed at time of preliminary
Ordinance No. 6418
July 11, 2012
Page 9 of 15
ORD.F Page 130 of 391
approval. (Ord. 6287 § 2, 2010; Ord. 6239.§ 1, 2009.)
Section 4. Amendment to Citv Code. That section 17.09.110 of
the Auburn City Code be and the same hereby is amended to read as follows:
17.09.110 Time limitations.
A. Preliminary approvals for short subdivisions shall be valid for a
period of #+vv seven years foilowing the date of 4he notice of final decision if the
date of the areliminarv short olat approval is on or before December 31. 2014,
and within five vears of the date of preliminarv short plat apRroval "rf the
areliminarv short olat aaproval is on or afte Januarv 1. 2015.evi e-t ia-fsF
B. If the oreliminarv short plat approval is on or before December 31.
2007 then the final short plat shall be submitted to the Citv for approval within
nine vears of the date of oreliminarv short qlat aoproval and not subject to
reauirements adooted under RCW 90.58.
C. Extensions. The director or designee may administratively
authorize through a Type I land use action extensions to preliminary short
subdivision approvals. For purposes of this section, the authority to issue
extensions shall apply to preliminary short subdivision approvals previously
issued by the city. Extensions shall' be isswed in one-year increments up to a
maximum of three years, subject to the following criteria and conditions:
1. An applicant for an extension shall make a written request for the
extension a minimum of 30 calendar days prior to expiration of the preliminary
short subdivision approval.
2. The director or designee shall in consideration of granting an
extension find:
a. There have not been any substantial changes in the laws governing
the development of the short subdivision, with which lack of compliance would be
contrary to the public health, safety and welfare; or
b. The applicant has pursued final platting in good faith. Good faith
shall be evidenced by progress on final surveying, engineering, construction or
bonding of improvements; or
c. There have been subsfantial changes in economic conditions and
market forces that have substantively limited the ability of the applicant to pursue
final platting.
3. A condition of any extension approval shall be that the subject short
subdivision shall comply with state or federal mandates required of the city
and/or life, health and safety requirements of the city in effect at the time of any
extension approval.
D6. At the same time the director or designee is considering the
extension, he or she may add conditions or requirements upon factual
determination that the addition of conditions or requirements will benefit the
Ordinance No. 6418
July 11, 2012
Page 10 of 15
ORD.F Page 131 of 391
public health, safety and welfare.
BE. A short subdivision granted preliminary approval, but not filed for
final plat approval within the applicable time period orextended time period, shall
be void. (Ord. 6317 § 1, 2010; Ord. 6239 § 1, 2009.).
Section 5. Amendmentto Citv Code. That section 17.10.020 of
the Aubum City Code be and the same hereby is amended to read as follows:
17.10.020 Application, submittal and contents.
A. Application. In addition to the requirements for a completed
application as provided in ACC Title 14, an application for subdivision approvai
shall include:
1_ Application requirements found in ACC 17.02.065;
2. A preliminary plat meeting the requirements of RCIN 58.17.160 for
a preliminary subdivision;
3. A neighborhood circulation. plan meeting the requi ements of
Chapter 17.16 ACC and RCW 58.1Z.110(21 for safe walkinq paths for students;
4. Where any lot is proposed to be served by an on-site sewage
disposal system, results of preliminary percolation tests for each such proposed
lot, conducted under the county department ofhealth rules and regulations;
5. A conceptual utility/site grading plan and/or methodology prepared
in accordance with the city's comprehensive plans, standards or ordinance
requirements. The conceptual utility/site grading plan shall include adequate
horizontal and vertical information to ensure that utilities can be constructed
consistent with the preliminary plat layout;
6. The location of other utilities other than those provided by the city;
7. The application shall incluiie a transportation site plan for streets,
pedestrian, and bike facilities. The site plan shall include adequate fiorizontal and
vertical information to ensure ihe transportation facilities can be constructed
consistent with the preliminary plat layout;
8. A title report, with liability for errors not to exceed the assessed
ualue of the lots on the date of application. The title report shall be issued no
more than 30 days prior to the application date;
9. Copy of restrictions, if any, to be imposed upon the use of the land.
Such restrictions must be recorded simultaneously with the subdivision.
B. Preparation. The preliminary plat or short plat shall be prepared by
a professional engineer or professional land surveyor registered or licensed by
the state of Washington. The preparer shall, by placing his or her signature and
stamp upon the face of the plat, certify that all information is portrayed accurately
and that the proposed subdivision or short subdivision complies with the
standards and requirements of this title, the Auburn zoning ordinance and any
other applicable land use and development controls.
C. Scale and Format. The preliminary plat shall be drawn with
reproducible black ink on Mylar: All geographic information portrayed by the
Ordinance No. 6418
July 11, 2012
Page 11 of 15
ORD.F Page 132 of 391
preliminary plat shall be accurate, legible, and drawn to an engineering (decimal)
scale.
D. Preliminary Plat Contents. A preliminary plat shall provide the
following information:
1. General Information. The following information shall appear on
each sheet of a preliminary plat or short plat:
a. The name of the proposed subdivision, together with the words
preliminary plat";
b. The name and address of the applicant;
a The name, address; stamp and signature of the professional
engineer or professional iand surveyor who prepared the preliminary plat or short
plat;
d. Numeric scale, graphic scale, true north point and date of
preparation;
e. A form for the endorsement of the planning director, as follows:
APPROVED BY RESOLUTION OF THE CITY COUNCIL
ON (Date)
Director, Planning and Development Dept.
Date
f.Legal description of preliminary plat.
2. Existing Geographic Features. Existing geographic features, as
detailed in city appiication requirements, shall be drawn lightly in relation to
proposed geographic features.
3. Proposed Geographic Features: Proposed geographic features, as
detailed in city application requirements, shall be shown.
4. Additional Information. The following additional information shall be
shown on the face of the preliminary plat:
a. For proposed subdivisions involving residential land uses, a table
providing the following information for each distinct residential area:
i. Proposed land use (e.g., single-family, duplex, multifamily);
ii.Number of dwelling units;
iii. Gross acreage;
iv. Existing zoning designation;
v.Proposed zoning designation;
vi. Approximate area of smallest lot;
b. Proposed source ofidomestic water supply;
c.Proposed sewage disposal system;
d. Typical street cross section(s);
e. Proposed storm drainage system;
f.For preliminary plats that are related to a planned unit development
PUD), the following information shall also be provided:.
Ordinance No. 6418
July 11, 2012
Page 12 of 15
ORD.F Page 133 of 391
i.The ordinance and contract of the PUD rezone if previously done;
ii.The location of perimeter walls and fences on the boundary of the
PUD and an indication of the height and materials;
iii. The location and size of.any entrance signs;
iv. A landscaping plan;
v. Any covenants not previously approved. (Ord. 6287 § 2,2010; Ord.
6239 § 1, 2009; Ord. 5170 § 1, 1998; Ord. 5140 § 1, 1998; Ord. 4840 § 1, 1996;
Ord. 4296 § 2, 1988. Formerly 17.06.020)
Section 6. Amendment to Citv Code. That section 17.10.050 of
the Aubum City Code be and the same hereby is amended to read as follows:
17.10.050 Hearing examiner review of preliminary plats.
A. PursuaM to the provisions ofi Chapter 18.66 ACC, the hearing
examiner shall within 914 calendar days of the closure of the public hearing
approve, deny, or approve with conditions the preliminary plat. The hearing
examiner shall not recommend approval of the preliminary plat unless he finds
the proposed subdivision is in conformance with the findings of fact as outlined in
ACC 17.10.D70.
8. Pursuant to the provisions of ACC 18.66.150, the planning director
or any interested party affected by the recommendation of the examiner who
asserts that the hearing examiner based 4hat recommendation on an erroneous
procedure, errors of Iaw or fact, error in judgment, or the discovery of new
evitience which couid not be reasonably available at the prior hearing may make
a wr'itten request for review by the examiner within seven calendar days after the
written decision of the examiner has been rendered. The request for
reconsideration shall set forth the specific errors relied upon by such appellant,
and the examiner may, after revievir of the record, take further action as the
examiner deems proper. The examiner may request further information which
shall be provided within a-914 calendar days of the examiner's request. The
examiner's written decision on the requesYfor consideration shall be transmitted
to all parties of record within 814 calendar days of receipt of the request for
reconsideration or receipt of the additional information requested, whichever is
lafer. (Ord. 6239 § 1, 2009; Ord. 6186 § 4, 2008; Ord. 5140 § 1, 1998; Ord. 4840
1, 1996; Ord. 4296 § 2, 1988. Formerly 17.06.050.)
Section 7. Amendment to Citv Code. That Section 17.10:110 of
the Auburn City Code be and the same hereby is amended to read as follows:
17.10.110 Time limitations.
A. Preliminary approvals fof subdivisions shall be valid for a period of #'we
seven years following the date of the notice of final decision if the date of fhe oreliminarv
plat approval is on or before December 31. 2014. and within five vears of the date of
Ordinance No. 6418^
July 11, 2012
Page 13 of 15
ORD.F Page 134 of 391
preliminarv olat aporoval if the oreliminarv alat aporoval is on or after Januarv 1. 2015.
B.If the preliminarv s olat app oval is on or before December 31.
2007 then the final plat shall be submifted to the Citv for approval within nine
vears of the date of reliminarv plat approval and not subiect to requirements
adopted under RCW 90.58.;
C. Extensions. The director or designee may administratively
authorize through a Type I land use action extensions to preliminary plat
approvals. For pu poses of this section, the authority to issue extensions shall
apply to preliminary plat approvals previously issued by the city. Extensions shall
be issued in one-year increments up to.a maximum of three years, subject to the
following criteria and conditions:
1. An applicant for an extension shall make a written request for the
extension a minimum of 30 calendar days prior to expiration of the preliminary
plat approval.
2t The director or designee shall in consideration of granting an
extension find:
a. There have not been any substantial changes in the laws governing
the development of the plat, with which lack of compliance would be contrary to
the public'heaith, safety and welfare; or
b. The applicant has pursued final platting diligently, as evidenced by
progress on final surveying, engineering, construction or the financial secucity of
improvements; or
c. There have been substantial changes in economic conditions and
market forces that have substantively limited the ability of the applicant to pursue
final platting.
3. A condition of any extension approval shall be that the s.ubdivision
shall comply with state or federal mandates required of the city and/or life, health
and safety requirements of the city in effect at the 4ime of any extension approval.
GD. At the same time the director or designee is considering tfie
extension, he or she may add conditions or requirements upon factual
defermination that the addition of conditions or requirements will benefit the
pubiic health, safety and welfare.
BE. A pfat granted preliminary approval, but not filed for finaf plat
approval within the applicable time period or extended time period, shall be null
and void. (Ord. 6317 § 3, 2010; Ord. 6239 § 1, 2009; Ord. 6186.§ 6, 2008; Ord. .
5140 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4296 § 2, 1988. Formerly 17.06.110.)
Section 8. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation, including having the City Clerk and Code Reviser
Ordinance No. 6418
July 11, 2012
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ORD.F Page 135 of 391
add a new "Section 17.10.060 - Reserved" to Chapter 17.10 of the City Code, to
accommodate a skip in the section numbering.
Section 9. Se erability. The provisions of this ordinance are
declared to be separate and severable: The invalidiry of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of the
application thereof to any person or circumstance shall not affect the vaiidity of
the remainderof this ordinance, or the validity of its application to other persons
or circumstances.
Section 10. 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. LEVVIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP VED AS TO FO M:
niel B. ' , City Atto
Published:
Ordinance No. 6418
July 17,2012
Page 15 of 15
ORD.F Page 136 of 391
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6419
Date:
July 9, 2012
Department:
Planning and Development
Attachments:
Agenda Bill
Ordinance No. 6419
Budget Impact:
$0
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6419.
Background Summary:
See attached.
Reviewed by Council Committees:
Planning And Community Development, Public Works Other: Planning Commission,
Legal
Councilmember:Backus Staff:Snyder
Meeting Date:July 16, 2012 Item Number:ORD.G
AUBURN * MORE THAN YOU IMAGINEDORD.G Page 137 of 391
AGENDA BILL APPROVAL FORM
Agenda Subject: Ordinance No. 6419 Date: July 10, 2012
Department: Planning and
Development
Attachments: Ordinance No. 6419 Budget Impact: N/A
Administrative Recommendation: City Council introduce and adopt Ordinance No. 6419.
Background Summary:
Over the past several years, the City made significant changes to the municipal code, specifically to the
zoning code, including changes to the parking chapter, landscaping chapter, and supplemental
development standards. Now that these revised codes have been in place and applied to various
projects, staff has identified amendments that are needed to clarify regulations. The proposed code
amendments address changes to the Downtown Urban Center zone, the Supplemental Development
Standards, Home Occupations, and Parking.
The Planning Commission held a public hearing on the proposed code amendments on July 3, 2012 and
recommended approval to the City Council with no changes to the proposed amendments.
The Planning and Community Development Committee reviewed the Planning Commission’s
recommendation at their July 9, 2012 and recommended approval to the full City Council with no changes
to the proposed amendments.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Information Services
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Backus Staff: Snyder
Meeting Date: July 16, 2012 Item Number:
ORD.G Page 138 of 391
Agenda Subject: Agenda Subject: Ordinance No. 6419 Date: July 10, 2012
Page 2 of 6
Findings of Fact
1. In general, the intent of the proposed zoning code amendments is to provide clarification
in the regulations, address recent changes in state law, and address comments received
from customer inquiries.
2. The process for zoning code text amendments is described in ACC Chapter 18.68.,
18.68.020 Initiation of amendments.
B. Text.
1. The city council, or planning and development committee of the city council, upon its
own motion may request the planning commission to conduct a public hearing to amend
any portion or all of this title; provided, that text amendments that are purely
administrative or procedural do not require a public hearing, nor do they require
preliminary review or recommendations of the planning commission;
2. The planning commission may upon its own motion call for a public hearing to amend
any portion or all of this title, with the exception of purely administrative or procedural
amendments;
3. Any resident or property owner of the city may petition the city to request an
amendment to the text of this title.
C. For the purposes of this chapter, substantive amendments shall be distinguished from
procedural or administrative amendments in accordance with the following: “Substantive”
matters relate to regulations that define or limit what can be done in terms of conduct,
use or action (e.g., what use may be made of land, what requirements apply to
development, what public infrastructure may be required of certain developments), and
“procedural” or “administrative” matters are those that relate to the process of how an
application to take such action must be pursued (e.g., time limits for applications and
appeals, what forms must be used, and where or how applications must be submitted.
Essentially, “procedural” or “administrative” matters are the mechanical rules by which
substantive issues may be pursued). (Ord. 6287 § 2, 2010; Ord. 6198 § 3, 2008; Ord.
4840 § 1, 1996; Ord. 4304 § 1(46), 1988; Ord. 4229 § 2, 1987.)
18.68.030 Public hearing process.
A. Text Amendments. With the exception of purely administrative or procedural
amendments, the planning commission shall conduct at least one public hearing on all
amendments to this title. The planning commission shall make a recommendation to the
city council who may or may not conduct a public hearing.
C. City Council Decision. The city council may affirm, modify or disaffirm any
recommendation of the planning commission or hearing examiner with regard to
amendments of the text or map of this title. (Ord. 6198 § 4, 2008; Ord. 4840 § 1, 1996;
Ord. 4229 § 2, 1987.)
18.68.040 Public hearing notice requirements.
A. Text Amendments.
1. Planning Commission. For text amendments that require a public hearing under ACC
18.68.030(A), notice of a public hearing shall be given by publication, in a newspaper of
ORD.G Page 139 of 391
Agenda Subject: Agenda Subject: Ordinance No. 6419 Date: July 10, 2012
Page 3 of 6
general circulation in the area, at least 10 days prior to the public hearing and by posting
the notice in three general public locations.
2. City Council. Notice of a public hearing shall be given by publication, in a newspaper
of general circulation in the area, prior to the public hearing and by posting the notice in
three general public locations.
3. The process for amending Title 17, Land Adjustments and Divisions, is outlined in ACC
Section 17.02.090.
17.02.090 Amendments.
A. Initiation of Amendments.
1. The city council, or the planning and development committee of the city council, upon
its own motion may request the planning commission to conduct a public hearing to
amend any portion or all of this title; provided, that no public hearing is required for a
purely administrative or procedural amendment of any portion of this title;
2. The planning commission may upon its own motion call for a public hearing to amend
any portion or all of this title, with the exception of purely administrative or procedural
amendments;
3. Any resident or property owner of the city may petition the city to request an
amendment to the text of this title.
B. Public Hearing and Notice.
1. With the exception of purely administrative or procedural amendments, the planning
director shall schedule a public hearing to be held before the planning commission for
any proposal to amend this title or to adopt or repeal any ordinance under the authority
established by Chapter 58.17 RCW. The director shall cause notice of such hearing to
be given as follows:
a. By sending to any individual or organization which has submitted a request for
notification a notice indicating the time and place of public hearing, describing the
general nature of the proposal, and indicating how copies of the proposed ordinance or
amendment can be obtained; and
b. By publishing in a newspaper of general circulation in the area a notice indicating the
time and place of public hearing, describing the general nature of the proposal, and
indicating how copies of the proposed ordinance or amendment may be obtained.
2. For all proposals to make purely administrative or procedural amendments to this title,
the planning director shall cause notice of such proposed amendment to be given as
follows:
a. By sending to any individual or organization which has submitted a request for
notification advance notice of the proposed amendment that indicates how copies of the
proposed amendment can be obtained.
b. By publishing in a newspaper of general circulation in the area advance notice of the
proposed amendment that indicates how copies of the proposed amendment can be
obtained.
3. For the purposes of this section, substantive amendments shall be distinguished from
procedural or administrative amendments in accordance with the following: substantive
matters relate to regulations that define or limit what can be done in terms of conduct,
use or action (e.g., what use may be made of land, what requirements apply to
development), and procedural or administrative matters are those that relate to the
process of how an application to take such action must be pursued (e.g., time limits for
applications and appeals, what forms must be used, and where or how applications must
ORD.G Page 140 of 391
Agenda Subject: Agenda Subject: Ordinance No. 6419 Date: July 10, 2012
Page 4 of 6
be submitted. Essentially, procedural or administrative matters are the mechanical rules
by which substantive issues may be pursued).
C. Planning Commission Recommendation. After the public hearing has been closed,
the planning commission shall recommend to the council either adoption, adoption with
modifications, or rejection of the proposed ordinance or amendment. In formulating its
recommendation, the commission shall consider, among other things, the relationship
between the proposed ordinance or amendment and the comprehensive plan, other
applicable city policies, and other existing land use controls.
D. City Council Action. The planning director shall forward the planning commission’s
recommendation, in writing, to the council. The council may elect to hold its own public
hearing, either before the full council or before a council committee, in which case the
city clerk shall cause adequate notice to be given. The council shall consider, but shall
not be bound by, the planning commission’s recommendation in reaching its own
decision. (Ord. 6287 § 2, 2010; Ord. 6239 § 1, 2009.)
4. The proposed code amendments are supported by the City of Auburn Comprehensive
Plan as identified in the conclusion section of this staff report.
5. A Determination of Non-Significance was issued for the proposed amendments on June
13, 2012. The 14-day comment period ends on June 27, 2012. The appeal periods
ends on July 11, 2012.
6. Pursuant to RCW 36.70A.106, the proposed zoning code amendments outlined in this
agenda bill were sent to the Washington State Department of Commerce and other state
agencies as required for the 60-day state review required for modification of
development regulations. The amendments were sent on June 13, 2012 and expedited
review was requested. The Department of Commerce acknowledged receipt on June
14, 2012. Expedited has not been granted as of the writing of this staff report. If the
request is denied then the standard 60-days applies from the submittal date of June 13,
2012.
7. Staff presented the draft code language to the Planning Commission on June 5, 2012 for
review and discussion.
8. Two comments on the proposed amendments were received; one from the Auburn
School District and the second from the Federal Way School District.
9. The public hearing notice was published on June 20, 2012 in the Seattle Times at least
10-days prior to the Planning Commission public hearing scheduled for July 3, 2012.
10. The Planning Commission held a public hearing on July 3, 2012 with no public testimony
on the proposed code amendments. The Planning Commission recommended approval
of the proposed code amendments as presented by staff.
11. The Planning and Community Development reviewed the proposed code amendments
at their July 9, 2012 meeting and recommended approval to the full City Council with no
changes to the proposed amendments.
ORD.G Page 141 of 391
Agenda Subject: Agenda Subject: Ordinance No. 6419 Date: July 10, 2012
Page 5 of 6
12. The following conclusions support the proposed amendments to Title 17, Land
Adjustments and Divisions, Title 18, Zoning, and Title 19, Impact Fees scheduled for
City Council action on July 16, 2012.
Conclusions
1. Pursuant to ACC Section 18.68.020 and 17.02.090, amendments of Titles 17 and 18
require a public hearing before the Planning Commission with a public hearing notice
published at least 10-days prior to the public hearing date.
Comment:
The public hearing notice was published in the Seattle Times on June 20, 2012 which is
at least 10-days prior to the Planning Commission public hearing scheduled for July 3,
2012. The public hearing notice was also posted on the City’s website.
2. These code amendments are supported by the City of Auburn’s Comprehensive Plan as
follows:
GP-3: The Planning Department will develop an annual work program that includes
work elements directed toward studying basic community needs, policy development,
and code administration.
LU-44: Home occupations in residential neighborhoods shall be permitted only if they
comply with performance standards that ensure compatibility with adjacent residential
uses.
Chapter 5 – Capital Facilities
Comment:
The proposed code amendments comply with the above comprehensive plan polices or
chapters. The Planning Department has set up an annual program where staff
documents potential amendments to the municipal code that have identified through use
of the code on project applications, results of customer inquiries, or to address changes
at the state level.
One of the proposed amendments addresses the Home Occupation regulations
(Chapter 18.64) specifically, home occupations operating on federal holidays. Staff
received a customer inquiry questioning why home occupations could not operate on
federal holidays when other businesses could operate. Allowing a home occupation
business to operate on federal holidays is not incompatible with residential uses. The
home occupation regulations would still limit the number of vehicle trips to the business.
The proposed amendment to Title 19, Impact Fees, revises when school districts are to
submit their request for an impact fee increase. When the City processes the school
district capital facilities plan (CFP) we also want to know if a school impact fee increase
is being requested so that increase can be reviewed concurrently with the CFP.
Annually the City adopts by reference the four school district CFPs.
ORD.G Page 142 of 391
Agenda Subject: Agenda Subject: Ordinance No. 6419 Date: July 10, 2012
Page 6 of 6
The remaining code amendments modify when the deadline for final short plat and final
plat submittals to be consistent with recent changes in state law, clarify regulations that
were part of the Phase 1 code update work, and remove from the Downtown Urban
Center zoning district chapter the review by the Downtown Redevelopment Committee
as that council committee no longer exists.
Planning Commission Recommendation
Approval as presented by staff.
ORD.G Page 143 of 391
ORDINANCE NO. 6 41 9
AN ORDINANCE.OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING SECTIONS
18:29.060, 18.29.070, 18.31.020, 18.31.120, 18.52.020 AND
18.60.020 OF THE AUBURN CITY CODE AS
HOUSEKEEPING MEASURES
WHEREAS, from time to time; amendments to the City of Aubum zoning,code
are appropriate, in order to update and better reflect the current development needs and
standards of the City; and
WHEREAS, the City Council modified its committee structure via Resolution No.
4779 removing the Downtown Redevelopment Committee; and
WHEREAS, following proper public notice, the Planning Commission considered
the proposed code amendments at a public hearing on July 3, 2012; and
WHEREAS, after fully considering the testimony and information presented at the
public hearing, on July 3, 2012, the Planning Commission made its recommendations
on the code amendments to the City of Aubum City Council; and
WHEREAS, the Planning and Community Development Committee reviewed the
Planning Commission's recommendation at their July 9, 2012 meeting and forwarded
their recommendation to the City Council; and
WHEREAS, the environmentaf review on the proposal has been completed in
accordance with the requirements of the State Environmental Policy Act (SEPA) with a
final Determination of Non-signi cance (DNS) issued June 13, 2012; and
WHEREAS, pursuant to RC1N 3670A.106, the proposed zoning code
amendments were sent to the Washington State, Department of Commerce, Growth
Management Services, and other state agencies as required with expedited review
Ordinance No. 6419
July 10,2012
Page 1 of 15ORD.G Page 144 of 391
requested and acknowledgment received on June 14, 2012; and
WHEREAS, no comments regarding the proposed zoning code amendments
have been received from the Department of Commerce or other state agencies; and
WHEREAS, the Aubum City Council finds that the proposed amendments
provide clarification to the subdivision title and comply with recent changes to state law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF P,UBURN,
WASHINGTON, DO ORDAIN as follows:
Section L Amendment to Citv Code. That section 18.29.060 of the
Auburn City Code be and the same hereby is amended to read as follows:
18.29.060 Development Standards
A. Minimum lot area: none.
B. Minimum lot width: none.
C. Minimum lot depth: none.
D. Floor Area Ratio. Floor Area Ratio is the cumulative amount of floor area
within a building as a multiple of the lot area.
Floor Area Ratio (FAR)
For properties abutting the south side of Main Street and to the south:
Basic Allowable"As of RighY Maximum Allowable with Bonuses
NonresidentialZ ResidentiaiZ
Nonresidential
Residential3 Combined4
1.0 2.0 1.5 3.5 5.0
Properties abutting the north side of Main Street and to the north:
Basic Allowable"As of RighY Maximum Ailowable with Bonuses
Nonresidential2 ResidentialZ
Nonresidential
Residential3 Combined°
3.0 2.D 4.0 3.5 5.0
Floor area is measured to the inside face af exterior walis. The following shali be excluded from floor area
calculation:
a. All space below finished grade.
b. Space dedicated to structured parking.
c. Space used for any bonus feature listed in 1829.060.E.
Z MinimumrequiredFAR is 075; basic allowable FAR.is 1.0.
3 Hotels, nursing homes, assisted living centers, ete. shall be.considered residentiaf for the purpose of
calculating FAR.
4.Allowable FAR for non-residential and residential uses may be added together within a project, for a
combined total.
Ordinance No. 6419
A
July 11, 2012
Page 2 of 15ORD.G Page 145 of 391
r r:.,;,,;.
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E. Bonus Features Allowing Increased Floor Area Ratio
Feature Additional Gross Floor Area for each
Feature
Street Level Retail 100 sf of floor area for each linear foot of
retail frontage
Restaurant 100 sf of floor area for each linear foot of
restaurant frontage
Public Plaza 5 sf of floor area for each sf of plaza
Widening Public Sidewalk 4 sf of floor area for each sf of sidewalk
made available for public use
Canopy 4 sf of floor area for each sf of canopy
Day Care 4 sf of floor area for each sf of day care
Health Club 2 sf of floor area for each sf of health club
Performing Space 2 sf of floor area for each sf of performing
space
Public Meeting Room 5 sf of floor area for each sf of ineeting room
Public Art (Arts Commission approval 10 sf of floor area for each $100 of valuation
required)
Water Feature 10 sf of floor area for each $100 of valuation
Structured Parking 0.5 sf of floor area for each sf of required
parking above grade
Below Grade Parking 1 sf of floor area for each sf of required
parking below grade (including half-level
plate below grade)
Green Roof 2 sf of floor area for each sf of green roof
Ordinance No 6419
July 11, 2012
Page 3 of 15ORD.G Page 146 of 391
Public Restrooms 10 sf of floorarea for each sf of public
restroom
Contribution to a public park or cultural 10 sf of floor are for each $1 QO of
facility such as a library, museum oc theatre contribution towards acquisition or
within 0.5 miles of the DUC zone; also, any development. This can be used to exceed
project including a performance or both maximurtm FAR and maximum building
entertainment venue is eligible for these height by up to 25%.
bonuses, based upon the value of
construction.
Development of open space such as open 5 sf of floor area for each sf of open space
roof decks, balconies, lanais or parts of the
building and improved for outdoor living;
including rooftop daycare play areas, dog
walkin areas, etc.
An applicant may be required to provide a legally binding agreement or
easement to ensure any of the above features is maintained over the life of the project.
F. Maximum Building Height. Maximum building height within the DUC zone
shall be 75 feet, uniess bonus height is permitted per (E) above.
1.If retail uses occupy the ground floor, the minimum height for that floor
shall be 14 ft.
2.Mechanicai penthouses, stair/elevator overruns, and antennae may be
exduded from building height calculation provided they extend no more than 20 feet
above the roof deck.
3. Maximum building height may be increased by up to 20% if the top is
designed as a non-habitable, architectural element. This element may extend above the
increased height limit.
G. Minimum Building Height. The minimum height for any new structure
within the DUC zone shall be two stories for the full extent of the building footprint.
H. Parking Ratios
The following parking standards shall apply within the DUC zone in lieu of any
standard noted in ACC 18.52.020 or provision of ACC 18.52.030.
Use Type Minimum required Maximum allowed for
surface arkin lots
Retail 2 stalls/ 1000 nsf 4 stalis/ 1000 nsf
Office 2 stalls/ 1000nsf 4 stalls / 1000 nsf
Residential 1 stall perdwelling unit 2 per dwelling unit
Restaurant 0.5 stall per 4 seats 1 stall per 4 seats
nsf=net square feet
1.Parking requirements for uses not listed shall be determined by a study of
parking demand for that use, as prepared by a qualified professional and as accepted
by the Director.
2. Retail and restaurant uses Jess than 3000 in nsf in area shall be exempt
from parking requirements.
Ordinance No. 6419
July 11, 2012
Page 4 of 15
I
ORD.G Page 147 of 391
3. Uses sharing a common parking facility may reduce the required number
of stalls by 25%.
4.Required parking may be located off site, so long as it is: a) located within
the DUC zone, b) is within 1000 feet of the property, c) is connected to the property by
streets improved with sidewalks or walkways, and d) is tied to the site by a contractual
agreement reviewed and approved by the City Attomey that is filed with the City and
Deed of Record at the County.
5.On-street parking that is located directly adjacent to a development site
may be used to satisfy minimum parking requirements and shall not be included in
determining maximum surface parking allowances.
6.Dedicated offsite parking provided within a parking structure may be used
to provide FAR bonuses for a project on a separate site, provided the parking structure
is located consistent with this chapter.
7. The maximum standards noted in the table above may be exceeded if all
stalls above the maximum limit are provided uvithin a parking structure.
8. Compliance with these standards is not required for a change of use
within an existing building or wheneverthere is an expansion of an existing building or a
new building replaces an existing building that does not increase the floor area by more
than 25%.
9. In lieu of providing the minimum parking required by this section, an
applicant may request to pay for each required parking stall into a special fund that`will
be used to provide and upgrade municipal parking to serve the DUC zone. The per stall
fee shall be as specified in the City's fee schedule.
I.Signs. The design of all signs shall be in conformance with the design
standards referenced in ACC 18.29.070. Allowable types, numbers and sizes of signs
shall be as follows:
1. Freestanding. Not allowed, except for monument signs as described within
the "Downtown Auburn Design Standards"; no more than one per street frontage;
maximum size: 64 square feet, calculated at a rate of one square foot of sign area per
lineal foot of site frontage; minimum entitlement shall be 32 square feet; maximum
height: five feet.
2. Wall signs: maximum area of 150 square feet per building facade,
calculated at a rate of one square foot of sign area for every lineal foot of facade;
minimum entitlement shall be 16 square feet.
3. Suspended signs attached under a marquee or canopy: one double-faced
sign, no greater than three square feet per face allowed for each building entrance;
minimum ^^Tclearance above grade: eight feet.
4. Portable Signs. Oene portable sign may
be allowed for each business entrance, not to exceed one portable sign per building
frontage, subject to the following:
a. May be placed within public right-of-way subject to the guidelines provided
by the director in consultation with the city engineer such that sign placement does not
interFere with pedestrian or vehicular traffic and conforms to the requirements of the
Americans with Disabilities Act.
b. May not exceed 36 inches in height and 30 inches in width and be limited
to two faces.
Ordinance No. 6419
A
July 11, 2012
Page 5 of 15ORD.G Page 148 of 391
c.May be displayed during business hours only.
d. Must be constructed of either wood or another sturdy material to ensure
stability in the wind.
e. May not move, spin, flasfi, or othen vise be animated.
J. Landscaping. Landscaping shall be provided as defined in the Downtown
Aubum Design Standards. (Ord. 6071 § 6 (Exh. A), 2007.)
Section 2. Amendment to Citv Code. That section 18.29.070 of the
Aubum City Code be and the same hereby is amended to read as follows;
18.29.070 Design standards.
Adopted by reference are the "Downtown Auburn Design Standards;" and the
Auburn Junction Desipn Standards:" a copy of which shall be maintained by the city
clerk. These+s documents contains standards for development of the built environment
in the DUC zone. The director shall have the authority to apply the standards to specific
development proposals. These standards may be amended upon approval by the
pianning and communitv development committee of the Auburn city council-exsept
Ord. 6287 § 2, 2010;: Ord. 6190 § 1, 2008; Ord. 6071 § 6 (Exh.
A), 2007.)
Section 3. Amendment to Citv Code. That section 18.31_020 of the
Aubum City Code be and the same hereby is amended to read as follows:
18.31.020 Fences.
A. Height Regulations. The minimum or maximum height requirements as
stipulated throughout this chapter shalL be considered to be met if the height of the
fence is within six percent of the height required. The height of the fence shall be
determined from the existing, established grade on the property.
1. The following regulations shall apply in the R-1, R-5, R-7, R-10, R-16, R-
20, R-MHC, RO, RO-H, I, C-N, C-1, C-2, and DUC zones:
a. Fences may be constructed fo a height not to exceed the following in each
of the required setback areas, as regulated per each zone, or as mod ed by subsection
B of this section:
i. Front setback: 42 inches; proyided, that fences constructed of chain link,
wrought iron or similar materials that provide visibility may be 72 inches in height;
ii.Side setback: 72 inches;
iii. Rear setback: 72 inches;
iv. Street side setback: 72 inches.
2.Fences and walls built within the building area of a lot may be as high as
Ordinance No. 6419
T
July 11. 2012
Page 6 of15ORD.G Page 149 of 391
the maximum building height allowed within the applicable zone. Building permits are
required for fences exceeding six feet in height.
3. If the fence includes a qate or similar feature, a vehicle refuqe area shall
be provided within the drivewav to avoid blockina the street The vehicle refuae area
sFiall have a lenqth that is sufficient for a waitina vehicle and not block the street..
B. Special Height Restrictions..
1. There shall not be anything constructed or reconstructed, and no
obstruction permitted, within the sight distance triangle area as required by city of
Aubum engineering design standards.
2.In general, no fence, hedge; structure or other obstruction shall act as a
sight hazard to traffc, and the city engineer may order the removai of such hazard
whether or not such object otherwise complies with the provisions of this title.
C. Screened Fence.
1. A screened fence shall consist, at a minimum, of a chain link fence
interwoven with slats placed in every row or available space in the fence.
2. A 100 percent sight-obscuring fence shall be constructed of solid wood,
metal, concrete or other appropriate material which totally conceals the subject use from
adjoining uses.
D. Fences and Associated Landscaping.
1. When landscaping is required along the property line, the fence shall be
set back a minimum of five feet if the fence abuts a street right-of-way, so as to not
obscure such landscaping.
2. At other property lines, the landscaping shall be located to serve the
greatest public benefit.
E. Obstructions — Generally Prohibited.
1.In no case shall any fence and/or hedge be constructed or grown such
that it deters or hinders the fire authority from gaining access to any fire au4hority
connection, fire protection control valve, fire hydrant, or fire authority appliance or
device. Minimum clearance requiremenfs for fire hydrants shall be in accordance with
the city design and construction standards.
2. In no case shall any fence and/or hedge obstruct the visibility of any fire
hydrant from a distance of 150 feet, in any direction, of vehicular approach to the
hydrant.
3. In no case shall any fence and/or hedge be constrwcted or grown in a
manner which interferes with access to storm or sanitary sewer manholes and other
appurtenances which require access for maintenance purposes.
F. Otherthan in the P-1, M-1 or M-2 zones, no fence may include the use of
barbed wire; provided, that pasture areas a minimum of one acre in area may be fenced
with barbed wire in any zone. Barbed wire may be attached to the top of and in addition
to the height of a 72-inch fence in the above zones, provicled it does not extend more
than one additional foot in heigh4. See ACC Section 8:12.060 for additional
requirements for nuisances related to:fences such as electricfences
G. Any fence located within a front setb"ack that features a locking gate or
similar security device shall provide emergency access in a manner acceptable to the
fire marshal. (Ord. 6245 § 15, 2009.)
Ordinance No. 6419
July11, 2012
Page 7 of 15ORD.G Page 150 of 391
Section 4. Amendment to Gitv Gode. That section 18.31.120 ofi the
Aubum City Code be and the same hereby is amended to read asfollows:
18.31.120 Accessory dwelling units.
Accessory dwelling units are permitted outright in all residential zones that permit
single-family homes, and may be developed' with new or existing single-family homes.
The development standards of the underlying zone and the following siting and
perFormance standards shall apply to ail accessory dwelling units as defined by AGC
18.04.018.
A. The home or accessory dwelling unit must be the principal place of
residence forthe homeowner.
B. Only one accessory dwelling unit may be permitted per single-family
residence.
C. An accessory dwelling unit shall not be larger than 50 percent of the
square footage of the single-family home with garage space not being included in the
calculation. In no case shall the accessory dwelling unit be more than 950 square feet,
nor less than 300 square feet, nor have more than two bedrooms.
D. Exterior Appearance/Modifications.
1. Any alterations shall not change the appearance from that of a single-
family residence, as determined by the.planning director.
2: Only one exterior entrance is allowed to the accessory dwelling.uniYand it
can be located no closer than 10 feet to an adjoining property line.
3. Any exterior stairs shall be placed in the rear or side setback and no
closer than 10 feet to an adjoining property line.
4. Where garage space is converted to living space, the garage door shali be
replaced with materials that match the exterior of the house. If a detached garage is
converted, its appearance must still be that of a detached garage and the detached
garage must be able to be used for parking of at least one vehicle.
E. Parking Requirements.
1. The parking required for the existing single-family home must meet all
requirements of the zoning code including amount, size and setback requirements in
order for an accessory dwelling unit to be allowed.
2. One additionai parking space, beyond those required forthe single-family
home, is reguired for an accessory dwelling unit. The additional parking space must
also meet all requirements of the zoning code.
3. Newly created parking shall make use of existing curb cuts, when
possible.
F. An accessory dwelling unit may not be sold as a separate piece of
property, or as a condominium unif, unless allowed by the existing zoning on the
property.
G. Any homeowner seeking to establish an accessory dwelling unit shall
appty for approval in accordance with the following procedures:
1. The homeowner shall apply for an accessory dwelling unit permit with the
ciry. A complete application shall include a properly completed application form, floor
and structural plans, and fees, e-av+;-e#
Ordinance No. 6419
July 11, 20'12
Page 8 of 15ORD.G Page 151 of 391
2. Before issuance of the.certificate of occupancv for an accessory dwelling
unit iE, the homeowner must provide a copy of a statement recorded with the
county in which the subiect proaertv is located fesi es. The
statement must read:
An application for a permit for an accessory dwelling unit has been
submitted to the city of Auburn by the owner of this property. Future owners are
advised that the owner of the property must comply with all requirements of the
Aubum Zoning Code, as amended, if the accessory dwelling unit is to be occupied
or rented.
H. if an accessory dweliing unit is to be removed, appropriate permits and
inspections must first be received from the city. If a homeowner wants to remove the
statement as required by subsection (G)(2) of this section from the property's title, then
the city shall issue an appropriate release upon evidence that the accessory dwelling
unit has been removed. The release shall be recorded by the homeowner with the
county records and elections office and a copy of the recorded release shall be proviiied
to the city. (Ord. 6245 § 15, 2009.)
Section 5. Amendment to Citv Code. That section 18:52.020 of the
Auburn City Code be and the same hereby is amended to read as follows:
18.52.020 Number of off-street parking spaces required.
Each principal use of the land, building, or structure shall provide the number of
off-street parking spaces required by this section. The following standards are not.
applicable in the DUC, downtown urban center zone; refer to Chapter 18.29 ACC for
specific requirements for that zone.
A. Parking Requirements by Land Use.
1. Minimum Number of Parking Spaces. Each land use shall provide the
minimum number of off-street parking spaces required by Table 18.52.020, except
where a greater number of spaces are required through a more specific approval
process such as an administrative use permit or conditional use permit approval.
2. Uses Not Listed. Where a use is not listed in Table 18.52.020 the planning
director shall determine the number of required parking and/or loading spaces. The
ptanning director shall use the requirements in Table 18.52.020 as a guide in
determining the number of off-street paFking spaces required based on the similarity of
uses or may consider a parking generation study.
B. Maximum Number of Parking Spaces. Except for required parking spaces
for persons with disabilities, spaces provided in park and ride lots operated by a public
transit agency, spaces for carpools, spaces for electric vehicle charging and spaces
within structured parking with two or more levels, the maximum number of parking
spaces for nonresidential uses shall not exceed 125 percent of the minimum spaces
required by Table 18.52.020.
C. Measurement of Floor Area. In any case where Table 18.52.020
establishes a parking requirement based on floor area in square feet (for example: two
Ordinance No. 6419
July 11, 2012
Page 9 of 15ORD.G Page 152 of 391
spaces per 1,000 square feeY (s of floor area), the floor area shall be construed to
mean gross floor area (defined in ACC 18.04.430).
D. Use with Accessory Components. A single use with accessory
components shall provide parking for the primary use, and each component. For
example, a hotel with a meeting room may be required to provide the parking spaces
required by Table 18.52.020 for a hotel (i.e., the guest rooms), and for a meeting room.
E. Obstruction. Removal of required parking or loading spaces from practical
use by obstruction, erection of buildings, or other actions as to reduce the parking or
loading capacity or usefulness thereof below the minimum requirements established in
this chapter is prohibited.
Table 18.52.020 Off-Street Parking Requirements by Land Use
Land Use Type: Unitof Measure: Required Parking
Rate (spaces per '
unit of ineasure):
Residential Categories
Single-family, detached dwelling, adult Dwelling unit 2.00
family home
Two-family dwelling (duplex)Dwelling unit 2.00
Multifamily dwelling (one and two bedroom Dwelling unit 1.50
units)
Multifamily dwelling (three bedroom units Dwelling unit 2.00
or more)
Mobile home dwellings' Dwelling unit 2.00
Assisted living facilities 4 bedrooms 1.00
Plus one space for
each two
employees
Group living (includes supportive housing, 2 bedrooms 1.00
boardinghouse)
Commercial Categories
Auto, boat, or recreational vehicle sales or 5,000 square feet of 1.00
leasing, new or used outdoor sales area
1,000 squarefieet of 1.00
showroom and service i
facilities
Daycare centers Each 10 children in 2.00
care
Eating and drinking establishments 1,000 square feet of 10.00
Ordinance No. 6419
July 11, 2012
Page 10 of 15ORD.G Page 153 of 391
floor area
Food retail stores and markets 1,000 square feet of 5.00
floor area
Health and fitness clubs 1,000 square feet of 10.00
floor area
Hotel or motel Guest room or rental 1.00
unit
Mini-marts and self service gas stations 1,000 square feet of 5.00
floor area
Mortuaries or funeral homes Seatz 0.25
Motor vehicle repair and services 1,000 square feet of 2.50
floor area
Personal service shops 1,000 square feet of 2.50
floor area
Retaii commercial establishments, less 1,000 square feet of 2.50
than 15,000 square feet of floor area floor area
Retail commercial establishments, greater 1,000 square feet of 4.00
than 15,000 square feet of floor area floor area
Shopping centers 1,000 square feet of 4.00
floor area
Office Categories
Business and professional offces 1,000 square feet of 2.00
floor area
Medical, dental, and otherdoctor's offices 1,000 square feet of 5.00
floor area
Manufacturing Processing and
Warehousing Categories
See a/so ACC 18.52.020(D))
All manufacturing, industrial, and 1,000 square feet of 1.00
processing uses, except the following: floor area
Warehousing 2,000 spuare feet of 1.00
floor area
Storage— Personal storage/mini-storage Storage unit3 Minimum of 2
facilities spaces
Recreation, Education, Public Assembly
Categories
Auditoriums, stadiums, and theaters Seat 0.25
Ordinance No. 6419
July 11, 2012
Page 11 of 15ORD.G Page 154 of 391
Commercial recreation facilities — Indoor, 1,000 square feet of 5.00
except for the following: floor area
Bowling alleys Lanes 5.00
Pool and billiard rooms Table 2.00
Skating rinks 1,000 square feet of 5.00
floor area
Commercial recreation facilities— Outdoor 1,000 sguare feet of 3.00
usable recreational
area
Hospitals Bed 1.75
Lilirary, museum 1,000 square feet of 2.50
floorarea
Meeting#acility, public or private Seat 0.25
Religious assembly
SeatZ 0.20
Schools (public and private)
Kindergarten schools Employee° 1.OQ
Elementary/middle schools Teaching station 1.20
Secondary (high) schools Student 0.40
College or university (including trade and Student 0.75
business schools)
Studios (dance, martial arts, etc.) 1,000 square feet of 5.00
floor area
Tennis/racquetball/handball or other sport Court 2.00
courts Each 300 sf of floor 1.00
area for accessory
uses
Recreational uses not listed elsewhere Same as retail, based
on size
Notes:
1. Within mobile home parks, parking space shall not be aliowed within the required
setbacks. Guest parking shall be provided within the development: five percent of total
requirement.
2. Seat, 18 inches of bench, or 25 square feet of floor space.
3. Parking shall be provided by parking/driving lanes adjacent to buildings. Two parking
spaces shall be provided adjacent to the manager's quarters.
4. There shall be two visitor-parking stalls provided for each 10 required employee
stalls.
Ord. 6388 § 1, 2011; Ord. 6167 § 4, 2008; Ord. 6140 § 2, 2007; Ord. 6071 § 3, 2007;
Ordinance No. 6419
July 11. 2012
Page 12 of 15ORD.G Page 155 of 391
Ord. 5777 § 1, 2003; Ord. 5556 § 1, 2001; Ord. 5170 § 1, 1998; Ord. 4949 § 1, 1997;
Ord. 4304 § 1(40), (41), 1988; Ord. 4229 § 2, 1987.)
Section 6. Amendment to Citv Code. That section 18.60.020 of the
Aubum City Code be and the same hereby is amended to read as follows:
18.60.020 Requirements.
Home occupations are required to have a business license as issued by the city,
comply with all city codes and ordinances, and shall be consistent with the following
provisions:
A. Only members of the immediate family residing on the premises and no
more than one non-resident may be employed at any one time; provided, that home
occupations with a nonresident employee shall provide off-street parking for the
employee on site;
B. No mechanical equipment is used except such as is commonly or
customarily used for domestic, household or personal purposes for a dwelling unit (or as
deemed similar in terms of power, quantity; noise, emissions and type);
C. Not more than one-fourth of the floor area of any building is devoted to
such occupation, except for bed and breakfasts;
D. That such occupation shall not require internal or external alteration or
involve construction features not customarily found in a dwelling;
E. The home occupation shall not involve the use of personal commercial
vehicles as defined in ACG 18.04.245 for the distribution of materials to or from the
premises. Deliveries or pickups by commercial delivery secvices shall not apply toward
this limitation provided such pickup or delive,ry doe.s not exceed twice per day;
F. The conduct of any home occupation, including but not limited to the
storage of goods and equipment, shall not reduce or render unusable areas provided for
fhe required off-street parking. Additional parking is not allowed in order to conduct a
home occupation, except what may be required through the issuance of a special home
occupation permit pursuant to ACC 18.60.040;
G. Only one sign is permitted, not to exceed 18 inches by 24'inches in area,
nonilluminated, and attached to a building, except that home occupations in commercial
or industrial zones may have signs consistent with the applicable zoning district;
H. No display pertaining to the occupation, other than the one permitted sign,
is visible from the street or adjacent residences;
I.No more animals are maintained on the premises than what may
otherwise be permitted in the zone;
J.Except for bed and breakfasts, employee and customer visits shall be
limited to the follovuing hours of operation:
1.Employees from 8:00 a.m. to 6:00 p.m. Monday through Friday and from
9:00 a.m. to 6:00 p.m. on Saturday and Sundays;
2. Customers from 9:00 a.m.to 6:00 p.m.
s;
K. Traffic generated by the home occupation shall be limited to a maximum
Ordinance No. 6419
July 11, 2012
Page 13 of 15ORD.G Page 156 of 391
of eight (twaway) clienUdelivery-related trips per day for those home occupations that
operete by appointment only and do not have overlapping client visits. All other home
occupations shall be limited to five (two-way) client/delivery trips per day;
L. Outdoor storage of materials, goods, products or equipment is not allowed;
M. The home occupation is_ to be conducted in such a manner that the
residence shall not differ from its residential character either by the use of colors,
materials, construction, lighting, signs, or the emissions of sounds, noises, Vibrations or
odors or result in traffic impacts inconsistent with tHe charactec of the area in which the
home occupation is located. (Ord. 6141 § Y, 2007; Ord. 5897 § 21, 2005; Ord. 4229 § 2,
1987.)
Section 7. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 8. 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 the invalidity of the application
thereof to any person or circumstance .shali not affect the validity of the remainder of
this ordinance, or the validity of its application to other persons or circumstances.
Section 9. Effective date. Tfiis Ordinance shall take effect and be in force
five days from and after its passage, approval and publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
ATTEST:
PETER B. LEWIS
MAYOR
Danielle E. Daskam, City Clerk
Ordinance No. 6419
July 11, 2012
Page 14 of 15ORD.G Page 157 of 391
APPR D A TO FORM:
D ie . e' Ci Att e
Published:
Ordinance No. 6419
July 11, 2012
Page 15 of 15ORD.G Page 158 of 391
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6420
Date:
July 9, 2012
Department:
Planning and Development
Attachments:
Agenda Bill
Ordinance No. 6420
Budget Impact:
$0
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6420.
Background Summary:
See attached.
Reviewed by Council Committees:
Planning And Community Development, Public Works Other: Planning Commission,
Legal
Councilmember:Backus Staff:Snyder
Meeting Date:July 16, 2012 Item Number:ORD.H
AUBURN * MORE THAN YOU IMAGINEDORD.H Page 159 of 391
AGENDA BILL APPROVAL FORM
Agenda Subject: Ordinance No. 6420 Date: July 10, 2012
Department: Planning and
Development
Attachments: Ordinance No. 6420 Budget Impact: N/A
Administrative Recommendation: City Council introduce and adopt Ordinance No. 6420.
Background Summary:
During the 2011 Annual Comprehensive Plan Amendment cycle, the Planning and Community
Development Committee requested that school impact fee adjustment requests that result in an increase
to the school impact fee be submitted to the City for review when the school district submits their capital
facilities plan.
The Planning Commission held a public hearing on the proposed code amendments on July 3, 2012 and
recommended approval to the City Council with no changes to the proposed amendments.
The Planning and Community Development Committee reviewed the Planning Commission’s
recommendation at their July 9, 2012 and recommended approval to the full City Council with no changes
to the proposed amendments.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Information Services
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Backus Staff: Snyder
Meeting Date: July 16, 2012 Item Number:
ORD.H Page 160 of 391
Agenda Subject: Agenda Subject: Ordinance No. 6420 Date: July 10, 2012
Page 2 of 6
Findings of Fact
1. In general, the intent of the proposed zoning code amendments is to provide clarification
in the regulations, address recent changes in state law, and address comments received
from customer inquiries.
2. The process for zoning code text amendments is described in ACC Chapter 18.68.,
18.68.020 Initiation of amendments.
B. Text.
1. The city council, or planning and development committee of the city council, upon its
own motion may request the planning commission to conduct a public hearing to amend
any portion or all of this title; provided, that text amendments that are purely
administrative or procedural do not require a public hearing, nor do they require
preliminary review or recommendations of the planning commission;
2. The planning commission may upon its own motion call for a public hearing to amend
any portion or all of this title, with the exception of purely administrative or procedural
amendments;
3. Any resident or property owner of the city may petition the city to request an
amendment to the text of this title.
C. For the purposes of this chapter, substantive amendments shall be distinguished from
procedural or administrative amendments in accordance with the following: “Substantive”
matters relate to regulations that define or limit what can be done in terms of conduct,
use or action (e.g., what use may be made of land, what requirements apply to
development, what public infrastructure may be required of certain developments), and
“procedural” or “administrative” matters are those that relate to the process of how an
application to take such action must be pursued (e.g., time limits for applications and
appeals, what forms must be used, and where or how applications must be submitted.
Essentially, “procedural” or “administrative” matters are the mechanical rules by which
substantive issues may be pursued). (Ord. 6287 § 2, 2010; Ord. 6198 § 3, 2008; Ord.
4840 § 1, 1996; Ord. 4304 § 1(46), 1988; Ord. 4229 § 2, 1987.)
18.68.030 Public hearing process.
A. Text Amendments. With the exception of purely administrative or procedural
amendments, the planning commission shall conduct at least one public hearing on all
amendments to this title. The planning commission shall make a recommendation to the
city council who may or may not conduct a public hearing.
C. City Council Decision. The city council may affirm, modify or disaffirm any
recommendation of the planning commission or hearing examiner with regard to
amendments of the text or map of this title. (Ord. 6198 § 4, 2008; Ord. 4840 § 1, 1996;
Ord. 4229 § 2, 1987.)
18.68.040 Public hearing notice requirements.
A. Text Amendments.
1. Planning Commission. For text amendments that require a public hearing under ACC
18.68.030(A), notice of a public hearing shall be given by publication, in a newspaper of
ORD.H Page 161 of 391
Agenda Subject: Agenda Subject: Ordinance No. 6420 Date: July 10, 2012
Page 3 of 6
general circulation in the area, at least 10 days prior to the public hearing and by posting
the notice in three general public locations.
2. City Council. Notice of a public hearing shall be given by publication, in a newspaper
of general circulation in the area, prior to the public hearing and by posting the notice in
three general public locations.
3. The process for amending Title 17, Land Adjustments and Divisions, is outlined in ACC
Section 17.02.090.
17.02.090 Amendments.
A. Initiation of Amendments.
1. The city council, or the planning and development committee of the city council, upon
its own motion may request the planning commission to conduct a public hearing to
amend any portion or all of this title; provided, that no public hearing is required for a
purely administrative or procedural amendment of any portion of this title;
2. The planning commission may upon its own motion call for a public hearing to amend
any portion or all of this title, with the exception of purely administrative or procedural
amendments;
3. Any resident or property owner of the city may petition the city to request an
amendment to the text of this title.
B. Public Hearing and Notice.
1. With the exception of purely administrative or procedural amendments, the planning
director shall schedule a public hearing to be held before the planning commission for
any proposal to amend this title or to adopt or repeal any ordinance under the authority
established by Chapter 58.17 RCW. The director shall cause notice of such hearing to
be given as follows:
a. By sending to any individual or organization which has submitted a request for
notification a notice indicating the time and place of public hearing, describing the
general nature of the proposal, and indicating how copies of the proposed ordinance or
amendment can be obtained; and
b. By publishing in a newspaper of general circulation in the area a notice indicating the
time and place of public hearing, describing the general nature of the proposal, and
indicating how copies of the proposed ordinance or amendment may be obtained.
2. For all proposals to make purely administrative or procedural amendments to this title,
the planning director shall cause notice of such proposed amendment to be given as
follows:
a. By sending to any individual or organization which has submitted a request for
notification advance notice of the proposed amendment that indicates how copies of the
proposed amendment can be obtained.
b. By publishing in a newspaper of general circulation in the area advance notice of the
proposed amendment that indicates how copies of the proposed amendment can be
obtained.
3. For the purposes of this section, substantive amendments shall be distinguished from
procedural or administrative amendments in accordance with the following: substantive
matters relate to regulations that define or limit what can be done in terms of conduct,
use or action (e.g., what use may be made of land, what requirements apply to
development), and procedural or administrative matters are those that relate to the
process of how an application to take such action must be pursued (e.g., time limits for
applications and appeals, what forms must be used, and where or how applications must
ORD.H Page 162 of 391
Agenda Subject: Agenda Subject: Ordinance No. 6420 Date: July 10, 2012
Page 4 of 6
be submitted. Essentially, procedural or administrative matters are the mechanical rules
by which substantive issues may be pursued).
C. Planning Commission Recommendation. After the public hearing has been closed,
the planning commission shall recommend to the council either adoption, adoption with
modifications, or rejection of the proposed ordinance or amendment. In formulating its
recommendation, the commission shall consider, among other things, the relationship
between the proposed ordinance or amendment and the comprehensive plan, other
applicable city policies, and other existing land use controls.
D. City Council Action. The planning director shall forward the planning commission’s
recommendation, in writing, to the council. The council may elect to hold its own public
hearing, either before the full council or before a council committee, in which case the
city clerk shall cause adequate notice to be given. The council shall consider, but shall
not be bound by, the planning commission’s recommendation in reaching its own
decision. (Ord. 6287 § 2, 2010; Ord. 6239 § 1, 2009.)
4. The proposed code amendments are supported by the City of Auburn Comprehensive
Plan as identified in the conclusion section of this staff report.
5. A Determination of Non-Significance was issued for the proposed amendments on June
13, 2012. The 14-day comment period ends on June 27, 2012. The appeal periods
ends on July 11, 2012.
6. Pursuant to RCW 36.70A.106, the proposed zoning code amendments outlined in this
agenda bill were sent to the Washington State Department of Commerce and other state
agencies as required for the 60-day state review required for modification of
development regulations. The amendments were sent on June 13, 2012 and expedited
review was requested. The Department of Commerce acknowledged receipt on June
14, 2012. Expedited has not been granted as of the writing of this staff report. If the
request is denied then the standard 60-days applies from the submittal date of June 13,
2012.
7. Staff presented the draft code language to the Planning Commission on June 5, 2012 for
review and discussion.
8. Two comments on the proposed amendments were received; one from the Auburn
School District and the second from the Federal Way School District.
9. The public hearing notice was published on June 20, 2012 in the Seattle Times at least
10-days prior to the Planning Commission public hearing scheduled for July 3, 2012.
10. The Planning Commission held a public hearing on July 3, 2012 with no public testimony
on the proposed code amendments. The Planning Commission recommended approval
of the proposed code amendments as presented by staff.
11. The Planning and Community Development reviewed the proposed code amendments
at their July 9, 2012 meeting and recommended approval to the full City Council with no
changes to the proposed amendments.
ORD.H Page 163 of 391
Agenda Subject: Agenda Subject: Ordinance No. 6420 Date: July 10, 2012
Page 5 of 6
12. The following conclusions support the proposed amendments to Title 17, Land
Adjustments and Divisions, Title 18, Zoning, and Title 19, Impact Fees scheduled for
City Council action on July 16, 2012.
Conclusions
1. Pursuant to ACC Section 18.68.020 and 17.02.090, amendments of Titles 17 and 18
require a public hearing before the Planning Commission with a public hearing notice
published at least 10-days prior to the public hearing date.
Comment:
The public hearing notice was published in the Seattle Times on June 20, 2012 which is
at least 10-days prior to the Planning Commission public hearing scheduled for July 3,
2012. The public hearing notice was also posted on the City’s website.
2. These code amendments are supported by the City of Auburn’s Comprehensive Plan as
follows:
GP-3: The Planning Department will develop an annual work program that includes
work elements directed toward studying basic community needs, policy development,
and code administration.
LU-44: Home occupations in residential neighborhoods shall be permitted only if they
comply with performance standards that ensure compatibility with adjacent residential
uses.
Chapter 5 – Capital Facilities
Comment:
The proposed code amendments comply with the above comprehensive plan polices or
chapters. The Planning Department has set up an annual program where staff
documents potential amendments to the municipal code that have identified through use
of the code on project applications, results of customer inquiries, or to address changes
at the state level.
One of the proposed amendments addresses the Home Occupation regulations
(Chapter 18.64) specifically, home occupations operating on federal holidays. Staff
received a customer inquiry questioning why home occupations could not operate on
federal holidays when other businesses could operate. Allowing a home occupation
business to operate on federal holidays is not incompatible with residential uses. The
home occupation regulations would still limit the number of vehicle trips to the business.
The proposed amendment to Title 19, Impact Fees, revises when school districts are to
submit their request for an impact fee increase. When the City processes the school
district capital facilities plan (CFP) we also want to know if a school impact fee increase
is being requested so that increase can be reviewed concurrently with the CFP.
Annually the City adopts by reference the four school district CFPs.
ORD.H Page 164 of 391
Agenda Subject: Agenda Subject: Ordinance No. 6420 Date: July 10, 2012
Page 6 of 6
The remaining code amendments modify when the deadline for final short plat and final
plat submittals to be consistent with recent changes in state law, clarify regulations that
were part of the Phase 1 code update work, and remove from the Downtown Urban
Center zoning district chapter the review by the Downtown Redevelopment Committee
as that council committee no longer exists.
Planning Commission Recommendation
Approval as presented by staff.
ORD.H Page 165 of 391
ORDINANCE NO: 6 4 2 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING SECTION
19.02.050 OF THE AUBURN CITY CODE RELATED TO
SCHOOL IMPACT FEES
WHEREAS, from time to time, amendments to the City of Aubum code are
appropriate, in order to update and better reflect the current development needs and
standaMs of the City; and
WHEREAS, during the 2011 Mnual Comprehensive Plan Amendment cycle, the
City Council requested that school impact fee adjustrnent requests that result in an
increase be submitted to the City for review when the school district submits their capital
facilities plan rather than later in the process;and
WHEREAS, following proper public notice, the Planning Commission considered
the proposed:code amendment at a public hearing on July 3, 2012; and
WHEREAS, after fully considering the testimony and information presented at the
public hearing, on July 3, 2012, the Planning Commission made its recommendations
on the code amendment to the City of Aubum City Council; and
VVHEREAS, the Planning and Community DevelopmeM Committee reviewed the
Planning Commission's recommendation at their July 9, 2012 meeting and forwarded
their recommendation to the City Council; and
WHEREAS, the environmental review on the proposal has been completed in
accordance with the requireme ts of the State Environmental Policy Act (SEPA) witfi a
final Determination of Non-sign cance (DNS) issued June 13, 2012; and
Ordinance No. 6420
July 1U, 4012
Page 1 of 4
ORD.H Page 166 of 391
WHEREAS, pursuant to RCW 36JOA.106, the proposed zoning code _
amendments were seM to the Washington State Department of Commerce, Growth
Management Services, and other state agencies as required with expedited review
requested and acknowledgment received on June 14, 2U12; and
WHEREAS, no comments regarding the proposed zoning code amendments
have been received from the Department of Commerce or other state agencies; and
WHEREAS, the Auburn City Gouncil finds that the proposed amendments II
provide clarification to the subdivision:title and comply with recent changes to state law.
NOW, THEREFORE, THE GITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON;DO ORDAIN as follows:
Section 1. Amendment to Citv Code. That section 19.02.050 of the
Aubum City Code be and the same hereby is amended to read as follows:
19:02.050 Submission of district:capital facilities plan and data.
A. On an annual basis (by July 1 or on a date agreed to by district and the city
and stipulated in the iMe local agreement), any district for which the city is collecting
impact fees shall submit the following materials to the city counciL•
1.The districYs capital facilities plan (as defined herein) as adopted by the school
board;
2. The districYs enrollment projections over the next six years, its current
enrollment andthe district's enrollment projections and actual enrollmeM from the
previous year;
3. The district's adopted standard of service;
4. The district's overall capacity over the next six years, which shall take into
axount the:available capacity from school faalities planned by the district but not
yet built and be a function of the distrid's standard of service as measured 6y the
number of students which can 6e housed in distriot facilities; and
5. An inventory of the district's existing facilities•
6. If the school imnact fee adiustment reauest bv.tlie school district increases
the school impact fee, the reauest shall be in writina to the Citv and su6mitted
concurrentiv with the district's caoital facilities olan::
B. To the extent that the distrid's standard of serVice identfies a deficiency in its
existing facilRies, the districf's capital facilities plan must identify the sources offunding
other than impact fees for building or acquiring the necessary facilities to serve the.
Ordinance No. 6420
July 10, 2012
Page 2 of 4
ORD.H Page 167 of 391
existing student population in order to eliminate the d ciencies within a reasonable
period of time.
C:Facilities to meet future demand shall be designed to meet the adopted
standard of service. If suffiaent fund'ing is not projected to be available to fully fund a
capital.facilities plan which meets the adopted standard of service, the districYs capital
faalities plan should'document the reason for thefunding gap, and identify all sources
of funding that the district plans to use to meet the adopted standard of service.
D. The`district shall also su6mit annually to the city a report showing the capital
improvements for which the impact fees have been used.
E. In its development of the financing plan component of its capital facili6es plan,
the district shall plan on a six-year horizon and shall demonstrate its best efforts by
taking the following steps:
1. Establish a six-year,fnancing plan, and propose the necessary bond issues,
levies, and/or financing measures required by and consistent with that plan and as
approved by the school board consistent with state law; and
2. Where.applicable, apply to the state for funding, and comply with the state
requirements for eligibil'ity to the best of the districYs ability. (Ord. 6341 § 2, 2011;
Ord. 5078 § 1, 1998.)
Section 2. Imulementation., The Mayor is hereby authorized to implement
sucfi administrative 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 the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the remainder of
this ordinance; or the validity of its application to other persons or circumstances.
Section 4. Effective date. This Ordinance shall take effect and be in force
five days from and after its passage, approval and publication as provided by law.
INTRODUCED:
PASSED:
Ordinance No. 6420
ury_o, zo 2
Page 3 of 4
ORD.H Page 168 of 391
APPROVED:
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Danie . Heitl, orney
Publi§hed:
Ordinance No. 6420
July 10, 2012
Page 4 of 4
ORD.H Page 169 of 391
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4833
Date:
July 10, 2012
Department:
Finance
Attachments:
Resolution No. 4833 with Exhibits
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4833.
Background Summary:
The City of Auburn has used a municipal court to carry out its law enforcement and
judicial responsibilities.
In connection with the ongoing and changing judicial responsibilities with which the City
is involved, the City Council has explored alternative approaches to address efficiencies.
After a thorough review of the alternatives and options available to the City and in light of
the proposal that the City of Auburn received from the King County District Court system,
it is advantageous for the City to enter into an Interlocal Agreement with King County for
district court services.
This decision is subject to the impacts of collective bargaining.
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Peloza Staff:Coleman
Meeting Date:July 16, 2012 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 170 of 391
RESOLUTION NO. 4 8 3 3
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY.CLERK TO EXECUTE AN
INTERLOCAL AGREEMENT BETWEEN THE CITY
OF AUBURN AND KING COUNTY FOR DISTRICT
COURT SERVICES
WHEREAS, the City ofi Aubum has utilized a municipal court created
pursuant to Chapter 3.50 of the Revised Code of Washington (RCV1 to carry
out its judicial responsibilities; either as directed by state law or through City
ordinance; and
WHEREAS; in connection with the ongoing and changing judicial
responsibilities with which the City is involved, the City Council has explored
altemative approaches to address efficiencies; and
WHEREAS, after a thorough review of the altematives and options
available to the City and in light of the proposal that the City ofAubum received
from the King County District Court system, it is advantageous for the City to
enter into an Interlocal AgreementwitH King County for district court services..
NOW, THEREFORE, THE CITY COUNGIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBYRESOLVES as follows:
Section 7. The Mayor and the Aubum City Clerk are. hereby
authorized to execute an Agreement between the City of Aubum and King
County for district court services in substantial oor formity with the Interlocal
Resolution No. 4833
July 2, 2012
Page 1 of 2RES.A Page 171 of 391
greement attached hereto as Exhibit "A" and incorporated herein by this
reference.
Secfion 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
Dated and Signed this day of
CITY OF AUBORN
PETER.B. LEWIS, MAYOR
ATTEST:
Danielle E: Daskam, City Clerk
APRR D FORM:
Daniel B. Hei City ttome
Resolution No. 4833
July 2, 2012
Page 2 of 2RES.A Page 172 of 391
INTERLOCAL AGREEMENT FOR PROVISION OF DISTRICT COURT
SERVICES BETWEENKING COUNTY AND THE CITY OF AUBURN
THIS INTERLOCAL AGREEMENT("AgreemenY')FOR PROVISION OF
DISTRICT COURT SERVICES BETWEEN KING COUNTY("Counry") AND Tf-IE
CITY OF AUBURN ("City") is entered on this day of 2012.
Collectively,the Counry and the City are refened to as the"Parties." "Cities"refers to
all Cities that have signed an Agreement for District Court Services to begin January 1,
2007 or later.
Whereas,the Parties support the District Court's mission statement that recognizes
the value of working together to provide an accessible forum for the fair, efficient, and
understandable resolution of civil and criminal cases and maintaining an atmosphere of
respect for.the di ity of individuals and,
Whereas,the County values the City as a customer and intends to provide a
predictable level and quality ofservice; and,
V hereas, it is the intent of the Parties to establish mechanisms within this
Agreement to ensure court service, case processing and court operations are delivered as',
consistently as possible within each court and across the District Court system; and,
Whereas,the Parties have established within tivslong term Agreement a process
under which District Court services, facilities, and costs can be mutually reviewed; and,
Whereas, consistent with Recommendation#8 of the 2005 District Court
Operational Master Plan, the County will continue to support a unified, Countywide
District Court,utilizing existing facilities,to provide for a more equitable and wst
effective systea of justice fQr the citizens of King County. Pursuant to the 2005 District
Court Operational Master Plan,the County wil[:
A. Ensure Court facilities promote system efficiencies, quality services
and access to,justice,
B. ConsolidateDistrict Court facilities that exist in the same city,
C. Reconsider facili6es if there aze changes with contracting cities or
changes in leases,
D. Work with the Cifies to develop a facility master plan as it relates to
the District Court; and,
Whereas,this long term agreement provides sufficient revenue to the County to
allow for the continued provision of District Court services and provides the City with a
service level commensurate with that revenue;
NO W THEREFORE, in consideration of the mutual covenants contained herein,
the sufficiency of which is hereby aclrnowledged,the Parties agree as follows:
1RES.A Page 173 of 391
1.0 Term
1.1 This Agreement shall be effective as of 2012 and shall remain in effect
for an initial term ending on December3l,2016. This Agreement sfiall automatically
extead upon the same terms and conditions for a five yeaz term thereafter(commencing
January 1,2017, and expiring on December 31, 2021),unless terminated:or altemately
extended as provided herein.
1.2 Termination and Notice of Terminatioa Tlris Agreement is terminable by
either parry without cause and in its sole,discretion if such party provides written notice
to the other party no later than 18 monthsprior to the expiration of the xerm then running.
For the initial term,notice shall be provided no later than June 30, 2015. For the five
yeaz term, notice shall be provided no lafer than June 30,2020. For each of the two
terms,the termination shall be effective at the end of the term then running.
1.3 Eztension pending conclusion of negoriations with respect to amending
Agreement •The Parties may agree in writing to extend the term of this Agreement upon
the same terms and conditions if the Parties are negotiating in good faith for changes to
the Agreement: The extension shall be such that termination occurs not less than 18
months after the end of good faith negotiations. The end of good faith negotiations may
be declared in writing by eitherparty. Following such declaration,there shallbe a 30 day
period in which either party may provide written notice to the other pariy of its intent to
terminate thisAgceement at the end of the extended Agreement term.
2.0 Services; Oversight Committees
2.1 District Court Services Defined. The Countyand District Courtshall provide
District Court Services for all City cases filed by the City in King County District Court.
District Court Services as used in this Agreement shall mean and include all local courf
services imposed by state statute, court.rule, City ordinance;or other reguladons as now
e usting or as hereafter amended;including but not limited to the services identified in
Sectioris 2.1 through 2.2.7. Nothing in this Agreement shall permit the Cityto regulate
the administration of the court or the.selection of particulaz judges to hear its cases by
ciTy ordinance.
2.2 The Parties recognize that GR 29 requiies that the ultimate decision making
authoriry regarding the management and admuristration of the Court rests with the
Presiding Judge and/or the Division Presiding Judge, and the Parties recognize that the
duties imposed by GR 29 are non-delegable except as provided othenvise-in GR 29. The ;
provisions of Sections 2.1 through2.2.7 of ttris Agreement are subject to GR 29 and the
non-delegable duties and responsibilities ofttie Presiding Judge and/or the Division
Presiding Judge contained therein.
2.2.1 Case Processin¢and Managemern. The County and District Court shall.
remain responsible for the filing,processing,adjudicadon, and penalty
2RES.A Page 174 of 391
enforcement of all City cases filed, or to be filed, by the City in District
Court,whether criminal or civil. Such services shall include but not be
limited to: issuance of seanch and arrest warrants; the conduct of motions
and other evidentiary hearings;pre-trial hearings; discovery matters;
notificadons and subpoenaing of witnesses and parties prior to a scheduled
hearing;providing to the City pibsecutor(and contract City prosecutor
who has signed the required Department of Licensing confidentiality
agreement), complete court calendars, defendants criminal lustories
DCH"),abslracts of driving;ecords("ADR"),and other documentation
necessary to efficient caseload management prior to a schedu(ed City court
calendar;the conduct of bench and jury trials;pre-sentence investigations;
sentencing;post-trial motions;the duties of the courts of limited
jurisdiction regarding appeals;and any and all other court functions as
they relate to municipal cases,filed by the City in District Court. Upon
mutual agreement of the City and the District Court,the District Court
may provide some or all of the documents and information required under
this section to the City by altemative means, such as electronic files.
2.2.2 Changes in Court Processine. Except when determined by the Presiding
Judge that a shorter notice period is necessary,theDistrict Court shall
provide the City's designated representative(s)of the Court Facility
Management Review Committee("CFMRC")with two months notice by
U.S. Mail or e-mail prior to changes in Court processing procedures that
directly impact City operations in order to provide the City with adequate
time to assess tkie effect of proposed changes on City operations;unless a
shorter time&ame for notice is mutually agreed upon by the Parties
through the CFMRC.
2.23 Customer Service Standards. The District Court shall provide a means for the
public to contact the CourE by telephone,including tr sferring the caller.to a
pacticular Coiat ficility if requested,and front coimter access to each Court
facilitY durinB reg ilar business houts,without lengthy wait The District
Court Management Review Committee(DCMRC")shall establish
perfotmaace measures and_standards for telephone and front counter access,
inclndin8 reportin8 requireme. 'Ihe District Court shall make reasonable
efforts to meet or excced the standaids. In die event the District Court faiLs to
meet the standards,the District Coist shall draft an action plan and submit it to
the DCMRC for consideration and direction. In ocder to m;,,;,r,;e workload
on District Cowt staff;the City prosecutor aad paralegal staff stiall continue W
have access to the Dislrict Court court files in order to most effciendy obtain
wpies and other necessary information
2.2.4 Probarion Services. The County shall provide probation services unless a
City opts to pmvide its own probation services and notifies the County in
writing that it does nof wish the County to provide probation services at
least six months prior to the effective date of tlris Agreement or six months
3RES.A Page 175 of 391
prior to January 1 of the year in wluch probation services shall be
discontinued. Notwithstanding tlus provision,the County may terminate
probation services upon not less than six months advaace written notice to
the City if(a)the County is unable to procure suf icient primary or excess
insurance coverage or to adequately self-insure against liability arising
from the provision of probation services;and(b)the County ceases to
provide probation services throughout King County Diskict Court.
2.2.5 The City may purchase additional court services(such as drug court,
mental health wurt, or relicensing) from the County under mutually
ageeable terms.
2.2.6 Regulaz Coiut Calendars.
2.2.6.1 Definition of Regular Calendat. R Regulaz Calendar is deSned as a
rec aring court calendat wlrich reqaires the attendance of the City
pa osecutor,public defender,or police officers(hereafter"Regular
Calendaz'. A City budget fot coutt services Q,•,,a Smte rnmmber '
of Regular Calendars. The provisions of Section 22.6 regarding
Regular Calendars do not apply to other judicial fimcIIons and hearings,
including but not limited to,jail hearings at the King County Jail in
Seattle or at tlie Regional Justice Center;hearings or h ials that cannot
be set on the City's Regiilaz Calendar due to time limitations or
transport issues,search warcants,infraction hearings where a city .
aftomey is not requined to be present,or mitigation hearings.
2.2.6.2 Scheduling of Regulat Calendars. The City's Regular Calendazs shall
remain scheduled all day Mondav thmueh Fridav in one courhnom
and such other davs of the week as necessary in a second cowimom
not to exceed 2.5 days perweekL. Any Regular Calendar thal is to
occur on a day other than the day ordays speciSed in this subsec6on
shall requira the mntual consent of the Parties. However,the City's
prior consent shall not be iequirad if g Regular Calendar is moved to
the next ji dicial day following a day on wlrich the Court was closed
due to a court holiday.
2.2.7 Ciri Judicial Services. No't later tt an September 30th,the Cities whose
cases are primarily heazd at the same District Court facility shall submit in
writing to the Chief PresidingJudge a pool of District Court judges who
may heat these Cities'Regalar Calendars beginning the next calendar
year. The pool shall coasist of not less than 75%of the judges elected or
appointed to the judicial"district wherein the facility is located. Within30
days of an election or notice to Gities of an appointment of a new judge
within the judicial district,the Cities shall be entitled to recreate their pool _
of District Court judges. The recreated pool shall take effect within thn ry
Procedures of this section shall also apply if only one City is using a court facility.
4RES.A Page 176 of 391
days of submission of the pool. In the case of an election,the recreated
pool shall take effect the next calendar yeaz following the election. Except
when the Clrief Presiding Judge deems an alternative assignment is
necessary,flie Chief Presiding Judge shall assign judges from these Cities'
pool of judges to heaz their Regulaz Calendars. If no pool of judges is .
submittecl by the Cities at a.particulat facility,the Chief Presiding Judge
may assign any judge of the Dishict Court to hear the Regutar Calendars
at that facility. All other judicial functions and hearings thaf are not set on
the City's Regulaz Calendars can be heard by any judicial officer of the
District Court against whom an affdavif of prejudice has not previously
been filed that would prevenf the judicial officer&om hearing the maffer.
2.2.8 Unless provided otherwise in a written agreement between the Parties,the.
County shall provide all necessary peisonnel,equipment and facilities to
perform the foregoing described'District Court Services in a timely
manner as required by law and court.rule.
2.3 District Coart Management Review Committee(DCMRC7.
23.1 System-wide issues related to ihe services provided pursuant to t6is
Agreement will be monitored and addressed through a District Court
Msnagement Review Committee. The Committee shall consist of the
Dis ict Court Clrief Presiding Judge,the District Court Chief
AdministraYive Officer,any othei District Court representatives designated
by the District Court Clrief Presiding Judge or Chief Administrative
Officer,a representative of the King County Executive,and one
representative for each city. On or before the effective date of this
Agreement,the City shall'_identify in writing to the Clrief Presiding Judge
the name,phone number,e-mail and postal address of its cepresentative
and to whom notice as provided in this Section shall-be sent. If the City
wishes to change the information provided to the Chief Presiding Judge, it
shall notify the Cluef Presidiag Judge in writing at least seven days prior
w the change. The City may send its representative or the representative's
desigaee to the DCMRC meetings.
2.3.2 The DCMRC shall meet at least quarterly unless othenvise agreed and .
shall make decisions aad take aotions upon the mutual agreementof the
Cities,the County, and tlie Cluef Presiding Judge: Mutua(agieement of
the Cities.is defined as votes representing 65%of total Cities'case filings
for the prior calendar year and 65%of all Cities. The County,the Chief
Presiding Judge,or the Cities can vote at any time up to 45 days after
DCMRC action unless mutual agreement has been reached sooner. The
Chief Presiding Judge or.his/her 3esi ee shall schedule meetings and
submit proposed agendas to the representatives. Any representative may
suggest additional agenda items. The Chief Presiding Jadge or lris/her
5RES.A Page 177 of 391
desi ee shall provide the Committee representatives with written notice
of the actions taken by ihe DCMRG in a timely mannel.
2.33 The DCMRC shall ensure that a cost and fee reconciliation is completed at
least annually and that the fees retainecl.by the County and remitted to the
City aze adjusted to ensure that the County fully recovers its City Case
Costs and tfiat the City retains the remaining Fees, as defined and
described in Section 4,below.
23.4 The DCMRC shall proVide recomwendations and/orguidelines regazding the
implementation of services under flvs Ag neut including,but not limited to,
court calendar schediiling,public access(such as phone and cou er services),
o cer overtime,officer availaliility(such as vacation and training schedules),
new technoloBY.tY>.lail issues,and wanant issves.
2.4 Court Facility Management Review Committees(CFMRG. Facility leyel
issues related to this Agreement shall be addressed by the Court Facility Management
Review Committee established foreach Facility;taking into consideration guidance from
the DCMRC. The CFMRC for each Division/facility shatl consist of the judges at that
facility,the Division presiding judge,the Division director,the court manager,the
applioable City proseoutor/attorney,the applicalile City public defender,and such other
reprasentatives as the Ciry,or the District Court wishes to include: On or before the
effective clate of this Agreement;the City shall identify in writing to the Division
Presidiag Judge the name(s),phone mimber(s);e-mail and postal address(es)where
notice of ineetings shall be sent. If the City wishes to change the information provided to
the Division Presiding Judge, it shall notify the Division Presiding Judge at least seven
days prior to the change. The Ciry may send its representative(s)or the representative's
designee to the CFMRC meetings. Each GFMRC shall meet monthly:unless the Court
and the applicable Cities agree to cancel a particular:meeting. The members,shall agee
on meeting dates. The CFMRC sfiall make decisions and take actions upon the mutual •
agieement of the representatives.
6RES.A Page 178 of 391
3.0 Facilities
3.1 Utilizing Esisting Facilities
3.1.1 The County is committed to a unified, Countywide District Court
and intends to utilize existing facilities purspant to the provisions
of Section3.1. The County sball operate a court facility witivn the
cities of Burien,Kent,Redmond, and Sho;eline unless(1)it
obtains agteement from all Cities served in the city in which the
facility is located,or(2)notice ha§been given to tetminate the
Agreement by the city in wtrich the facility is located.
3.1.2 If the County determines that it will close the wurt facility within
the cities of Burien,Kent,Redmond; and Shoreline and relocate
District Court services within the same city,the County shall
provide written nbtice to the City(ies) serVed in the affected
facility. Relocation ofthe Ciry(ies)'s District Court services under
ttus subsection shall=esult from the County's deternunation,after
consultation with the City(ies)served in the affected facility,that
continuing to operate the facility would 1)pose health and safety
risks;2)exceed the facility's useful life based on the cost of
maintaining the faciliry; or 3)not be able.to minimally meet the
operadonal needs of t}ie District Court.
3.1.3 If a facility is to be closed pursuant to Subsections 3.1.1 or 3.1.2,the
County shall work cooperatively with City(ies)served in the facility to
relocate affected District Court services to a different facility. A city
impacKed by a facility closure may choose to relocate to an existing facility
or move to a different facility. If District Court does not already provide
services in the location(s)proposed for the displaced services,the County
and the Cities served in the facility to be closed shallhegotiate in good
faith a separate ageement wlrich includes,but is not limited to,identifying
the location of these services, cost shsriag responsibilities and financial
commitment,owneislup interest(if applicable), and implementation
schedule. ff the Couuty arid any of the City(ies)served in the facility to
be closed do not enter,into ttie separate agreement within 24 months from
the County's notice provided under Subsection 3.1.1 or 3.1_.2,either parry
may provide written notice of temvnation notwithstanding other
prbvisions of this Agreement relateii to termination. The termination date
shall be at least 18 moaths from the date of the notice of termination
unless an earlier date is agreed to by the parties.
3.1.4 If,after consulting with the City(ies)ies served in the court facility witivn
the city of Issaquah,the Coudfy gives written notice w the affected
City(ies)to close the Issaquah facility,the County shap work
cooperaxively with tlie City(ies) served in the facility to relocate affected
7RES.A Page 179 of 391
District Court services to a different facility. A city impacted by a facility
closure maychoose to relocate to an existing facility or move to a
different facility. If District Court does not already provide services in the
location(s)proposed for the displaced services,the County and the
Ciry(ies) served in the Issaquah facility shall negotiate in good faith a
separate agreement wlrich includes,but is not limited to, identifying the
locatioa of these services,cost stiaring responsibilities and financial
commiUrient,ownership interest(if applicable),and implementation
schedule: If the Courity and any of the City(ies)served in the Issaquah
facility do not enter into the separate agreement within 24 months from the
County's notice of closiue provided under this Subsecdon, either party
may provide written notice of termination notwitUstanding other
provisions of this Agreement related to termination. The termination date
shall be at least 18 months&om the date of the notice of termination •
unless an earlier date is agreed to by the parties.
3.1.5 Notwithstanding any provisions of Section 3.1,the Counry may_relocate
District Court services provided in the Aukeen facility to the Regional
Justice Center.
3.1.6 The annual facility charges for the District Court facilities that exist in the
cities of Burien,Kent,Redmond,and Shoreline at the commencement of
this Agreement,satisfy the.financial obligations of the Cities served by
these facilities for facility operations and daily maintenance,major
maintenance,and other costs necessary w maintain ex+'r'facilities.
11ris charge does not cover the costs associated with capital improvements
as defined in Secrion 33 and does not entitle the Ciry to any fimds or
credit toward replacementof the existing facility. The annual facility
charge will be included as a reimbursable City Case Cost under Exhibit A
with the exception that space that is dedicated to the sole use and benefit
of either a city,the Counry, or other tenant, shall be excluded from the
wtal square foo.tage and be the sole financial responsibility of the
benefiting party. Reimb»***+ent for space dedicated to the sole use of the
City shall be based on"the financial terms in Exlubit B and included as a.
City Case Cost under Exlubit A. All other terms and conditions for the
City dedicated space shall be covered in a separate lease agreement. Each
yeaz,the County will identify in Ex}ribit A the square footage of dedicated
space for each facility. Fanpty or unused space at a facility,previously
use.d as dedicated space for the sole benefit and use of either the County,
the City(ies), or other tenant,shall be excluded from the total squaze
footage. The annual charges for the Burien, Kent,Redmond and Shoreline
facilities are calculated in accordance with E ibit B.
3.1.7 The annual facility charge for the District Court facility that exists in the
city of Lssaquah at the commencement of this Agreement; satisfies the
financial obligations of the Cities served by that facility for facility
8RES.A Page 180 of 391
operations and daily maintenance,major maintenance, and lease costs.
17ris charge does not cover the costs associated with capital improvements
as defined in Section 33 and does not entide the City to any funds or
credit toward replacement of the eacisting facility. This charge also does
not cover costs for necessary and unanticipated major repairs that aze not
schetluled under the County's major maintenance program. (Examples of
such repairs include,but are nbt limited to,repairs necessitated by flood,
fire or earthquake.) The County and the Cities receiving District Court
services in the Issaquah facility agree to negotiate in good faith a sepazate
ag=eement for a cost sharing plan for these unanticipafed major repairs.
The annual facility charge will be included asa reimbursable City Case
Cost under Exhibit A with the exception that space that is dedicated to the
sole use aad benefit of eitfier a city,the County,or other tenant, shall be
excluded from the total squaze footage and be the sole financial
responsibility of the benefitiag party. Reimbursement for space dedicated
to the sole use of the City shall be based on the financial terms in Exhi6it
C and included as a City Case Cost under Exhibit A. All other terms and
conditions for the City_dedicated space shall be covered in a,separate lease
agreement. Each year,the County will identify in Exlubit A the square
footage of dedicated space for each facility. Empty or unused space ai a
facility,previously used as dedicated space for the sole benefit and tise of
either the County,the City(ies), or other tenant,shall be eaccluded from the
total square footage. The annual charge for the Issaquah is calculated in
accordance with Eact ibit C.
3:1:8 Cities will pay an annual facilities charge for space used for the Call
Center and Payment Center. The charge shall be calculated in accordance
with Exhibit B and included as a reimbursable City Case Cost under
Exhibit A with the exception that space that is dedicated to the sole use
and benefit of the County shall be excluded from the total square footage
for this space.
3.2 Bellevae Court Facility
3.2.1 The County and the City of Bellevue agee to work cooperatively to enter
into a separate agreement by December 31,2006 to determine the future
location for the Bellevue Court Facility. The parties agree to negotiate in
good faith with regard to such agreement to determine whether it is in the
mutual interest of the parties to provide for a different facility under a
separate agreement and what the terms of such separate ag"reement will be.
The agreement should include,but is not limited to the followirig:
i) Identifying a facility location within the city limits of Bellewe
ii) Cost sharing responsibilities and Snancial commihnent
in) Ownership interesf
iv) Allocation of Implementation Responsibilities
9RES.A Page 181 of 391
v) Implementation schedule
vi) Operational tetms including but not limited to:
o Technological compatibility with Bellevue's technological systems
and coinponents to ensure efficient and effective provision of
services
Space for the Bellevue Probation Department
e Depending on location of facility, space for City of Bellewe
Prosecution staff
e Holding cells at facility
3.2.2 The County agrees to conduct a Bellevue Court Site Analysis aspart of
the District Court Facilities Master Plan. The County will work
cooperatively with the City of Bellevue on the Court Site Analysis which
will include a market analysis in search of appropriate future locadons for
the court and identification of facility options and costs. The Countyand
the City of Bellevue agee to work cooperatively to enter into a
memorandum of understanding for sharing initial planning costs. On or
before July 1,2006,the County and the City of Bellevue will enter into
negotiations fora separat_e agreement, with the intent to have the. '
agreement appmved by December 31, 2006.
3.2.3 If a satisfactory agreementis not reached by June 30,2007,either the
County or the city of Bellevue may terminate flris Agreement no earlier .
than December 31, 2008: .Notice of such termination must be piovided no
later than 18 months prior to the termination date.
3.2.4 T6e District Court will continue to operate at Surrey Downs under the
teims of a separate lease agreement between the County and Bellewe
until a different District Court facility is operational in the city of Bellevue
or December 31,2008,wlrichever occurs first,unless otherwise mutually
agreed by the County and the city of Bellevue
3.3 Capital improvement projects are those projects identified in the approved_District
Court Facilities Master Plan or Capital Improvement Plan.
33.1 Capital improvement projects for space that is dedicated to the sole use
and benefit of either the City(ies)or the Gounty shall be fimded by the
benefiting party. In the case of a capital improvement project solely'
benefiting the City(ies),the County and the City(ies)will accomplish
payment tfirough a sepatate agreement.
33.2 Capital improvement grojects at a facility for space benefitiag allparties
served in the facility shall be presented to the affected CF'MRC. The
Cities' contribution to the costs of the capital impmvement pmjects shall ,
be determined by mutual agreement of the County and the cities served in
the affected facility. Absent aa approved capital cost sharing ageement
10.RES.A Page 182 of 391
between the County aad the cities served in the affected facility,the Cities
are not responsible for capital project costs.
4.0 Revenue; Filmg Fees Establis6ed; City Paymeuts in Lieu of Filing Feea; -
Local Court Revenue Defined.
4.1 F'liinFeesEatablished. A.filing fee is set for every criminal citation or
in&action filed with the District Court. Filing fees will lie established each yeaz by the
DCMRC pursuant to statutory criteria and this Secrion. At the commencement of this
P.greement,tfie filing fees shall be as set pursuant to the Existing Agreement.
4.1,1 Pursuant to RCW 3.62.070 and RCW 3934.18Q the County will retain its
portion of Local Court Revenues (as defined below)and additional .
paymenis pursuant to Section 4.5, if any, as full and complete payment by
the City for services received under tlris Agreement,
4.1.2 In entering into tlris Agreement for.District Court Services,the City and
County have considered, p»*ant to RCW 3934.180,the anticipated
costs of services,aaticipatsd and pbtential reveaues to fund the services;
including fines and fees, filing fee recoupment,criminal justice funding
and state sales tax funding.
4.2 Compensation for Court Costs. The Parties agree that the County is entitled to
sufficient revenae to compensate the County for all City Case Costs incurred during the
term of this Agreement.. For purposes of this Agreement,"City Case Costs"means the
sum of the oosts for the City as deternrined by the County pursuant to Exiubit A. City
Case Costs are calculated based on the Cities caseload(clerical weighted caseload
approach),judicial need;and facility costs for the facility used by ttie Ciry.
4.3 To ensiue that the revenue provided to the.County is equal to the City Case Costs
incuixed in each year of the term of this Agreement,the County shall perform an annual
reconciliation of the actual City:Case Costs in comparison to the Local Court Revenue,as
deSned ia Section 4.9,retained by the County during that year in accordance with Extubit
A. The Counry will credit the Cities in the ieconciliation for the Cities'share of
offsetting revenue received by the County for District Court from the state;the federal .
governaient and other sources. Reconciliations shall be performed as set forth below:
43.1 Beginning in 2007 aad each yea=thereafter,the County shall perform a
reconciliation of its actual reported City Case Costs and the Local Court
Revenue retained in the previous yeaz. This reconciliation shall be
completed no later than July 31 of each.year. The County costs of
performing the reconciliations shall be a reimbursable City Case Cost and
included as a City" Case Cost under Extribit A.
11RES.A Page 183 of 391
4.3.2 No later than August 1 of the year in which the reconciliation is
completed,the County shall send.the City a written statement as to the
findings of the reconciliation.
4.4 Subject to the adjustments set forth below,the County shall retain a perceatage of
Loca1 Court Revenue(as defined lielow) as payment for City court services. The
peroentage of Local Court Revenue retained by the County shall be the percentage
necessary to pay the Ciry Case Costs. This percentage shall be based on the prior yeat's
reconciliation pursuant to'Section 43.1. .The City shall receive any remaining Local
Gourt Revenue. In order to more closely match Local Court Revenue retained by the
County with City Case Costs(and thus lessen the amount of aay additional.payment or
refunds pursiiaat to section 4.5),the DCMRC shall adjust the Cides'percentages retained
by the County after July 31 of each yea;,for.the following twelve momhs,based on the
reconciliations of the prior year. The Chief Presiding Judge shall ensure that the County
Executive receives notice of the adjushnents made by the DCMRC.
4.5 In the event the reconciliation coaipleted pursuant to Section 43 shows that the
Local Court Revenue retained by the County in the prior yeai was less than the City Case
Costs for that yeaz,the City shall pay the difference to the County within 75 days of
receipt of a written invoice from the County. In the event the reconciliation completed
pursuant to Section 4.3 shows that the Local CourCRevenue retained by the Coaaty in the
prior year was more than.the City Case Costs for that year,the County shallpay the
difference to the City within 75 days of the County's completion of the reconciliation or,
at the City's option provided in writing to the County,credit the City with such amount
for the following year or extended term of flris Agreement, if any.
4.6 The County retendon of Local Courf Reveaue and the process for reconciliafion
and additional paymentsJreimbursements is in lieu:of direct City payment for filing fees
and it is agreed by the City and County to be payment for District Court Services
provided by the County to tlie City under this Agreement, including but not limited to
per-case filing fees.
4.7 Assuming the County has been compensated as required by this Section,all Local
Court Revenue received after the expiration or termination of this Agreement but for
cases filed during the term of tivs Agreement shall be distributed between the County and
the City according to the same percentages that Loaa1 Coiut Revenue were distributed at
the time the Agreement ezpired or terminated unless an extension or an amendment of
ttris Agreement is ernered inta
4.8 One-Time Costs for Technology Improvement Projects.
4.8.1 One-Time Costs for Technology Improvement Projects are defined as the
costs associated with the development and implementation of technology
improvement projects. The Dishict Cour[shall involve the Cities in its
technology planning as described in Exhibit D. The Cities shall coritribute
each year to a reserve(sinking fiu d)to cover one-time costs for.
12RES.A Page 184 of 391
technology improvement projects in excess of$100,000 wlrich are
included in the technology plan. This contribution covers the Cities'
obligation under this Agreement for supporting one-time costs for
technology improvement projects over$100,000. Extribif D sets forth the
amount of the Cities' annual contribution to the reserve for one-time costs
for t hnology improvement projects. Technology improvement projects
wlrich in total azeless than$100,000 in any year will be included as a
reimbursable.City Case Cost under Exlribit A.
4.8.2 In addition to other payments required by this Agreement, the Cities shall
complete payment of their proportionate:share of the total one-time costto
implement the District Court's ECR progam as provided in Section 4.8 of
the Existing Agreement(effective 1/1/OS)). The Cities'share of the one-
time cost to implement ECR shall be no more than$56,745 per yeaz for
2007,2008, and 2009. The Cities' share of the one-time costto implement
ECR will be included as a reimbursable City Case Cost under Exhibit A.
4.9 Local Court Revenue Defined. Local Court Revenue includes all fines, filing
fees;forfeited bail,penalties,court cost recoupment and parldng ticket payments deriVed
om city-filed cases after payment of any and all assessments required by state law
thereon. L•ocal Court Revenue includes all revenue defined above received by the court
as of opening of business January 1,200'7. Local Court Revenue excludes:
1 Payments to a traffic school operated by a City.
2. Restirirtion or reimbursement to a City or crime victim, or other restitution as may
be awarded by a judge.
3. Assessments authorized by statute, such as Domestic Violence and Crime
Victims;used to fund local programs.
4. Probation revenues.
5. Reimbursement for home detention and home monitoring,public defender;,jail
costs, on City filed cases.
6. Revenues&om City cases filed prior to January 1,2000.
4.9.1 The City will not start a traffic violations bureau during the term of this
Agreement.
4.10 All revenue excluded from"Local Court Revenue" shail be retained by the party
to whom they aie awarded by the court or who operates or contracts for the program
iavolved, as appropriate.
4.11 Monthty Reporting and Payment to City. The County will provide to the City
mornlily remittance reporfs and payment to the City&om the County for the City's share
of Local Court Revenue no later than three business days after the end of the normal .
business month. On a monthly basis,the County will provide to the City reports listing
City cases filed and revenue received for all,City cases.on.wluch ihe Local Court
Revenue is calculated in a format consistent with ttie requiiements described in Exhibit
13RES.A Page 185 of 391
A. Unless modified by mutual agreement, Exhibit A shall set out the process and content
for financial reporting to the City from the County.
4.12 Payment of State Assessments: The County will payon behalf of the City all
amounts due and owing the State relating to City cases filed at the District Court out of
the gross couit revenues received by the District Court on City-filed cases. The County
assumes responsibility for making such payments to the State as agent for the City in a
timely and accurate.basis. As full compensation for providing this service to the City the
County shall be entitled to retain any interest earned on these funds prior to payment to
the State.
5.0 Dispute Resolution. Any issue may be refened to dispute resolution if it cannot
be resolved to the satisfaction of both parties, Depending on the nature of the issue,there
aze two different dispute resolution processes,described as follows:
5.0.1 Facilitv Disnute. Disputes arising out of facility operation and
management practices wlrich are not resolved by the CFMKC maybe
referred by either Party in writing to all representatives of the DCMRC as
designated in Section 2.3.L If the DCMRC is unable to reach mutual
agreement within 60 days of referral,then the dispute may be referred by
either Party to non-binding mediafion. Any and all Cities who refer a
dispute regarding the:same event to non-binding mediation,will be
considered one partyand shall participate as one party for the purposes of
mediation. The mediator will be selected in the following manner: The
City(ies)participating in the mediation shallpropose a mediator and the
County shall pmpose a mediator;in the event the mediators aze not the
same person,the two mediators shall select a third mediator who shall
mediate the dispute. Alternately,the City(ies)participating in the
mediation and ihe County may agree to select a mediator through the
mediation service mutually acceptable to bothparties. The parties to the
mediation shall share equally in the costs charged 6y the mediator or
mediation service. By mutual agreement,the DCMRC can establish an
alternative City(ies)'s shaze of the mediation costs.
5.0.2 Svstem Disputes. Disputes atising out of District Court system operations
or management, or involving the interpretation of thisAgreement in a way
that could impact the entire system and other Cities with compazable
Agreemenu; may be referred in writing by either Party to all
representatives of the DCMRC as 8esignated in Section 23.1. If the
DCMRC is unable to reach mutual agreement to resolve the dispute
agreement within 60 days of referral;then the dispute may be referred by
either Party to non-binding mediation,conducted in the manner described
in Secrion 5.0.1. Any and all CiUes.who refera dispute regarding the
same event to non-binding mediation,will be considered one party and
shall participate as one party for the.purposes of inediation. The parties to
the media6on shall share equally in the costs chazged by the mediaYor or
14RES.A Page 186 of 391
the mediation service. By mutual agreement,the DCMRC can establish
an altemarive City(ies)'s share of the mediation costs.
6.0 Resolution of Disputes Resulting From Specified Events.
6S If a dispute arises between the Parties that resulted directly from:
i)changes in state statute or regulation,court rule, City or County ordinance,or
exercise of court management authority vested by GR 29 in the C1uef Presiding
Judge;requiring the County to pcovide new court services reasonably deemed to
substantially impact the cost of providing Court Services, or material rectuctions
or deletions of the Court Services included in ttris Agreement that occurred for a
period of at least six months; or
ii)any decree of a court of competent jutisdiction in a final jud ent aot
appealed&om substantially altering the economic terms of this Agreetnent; or
iii) changes in state statute or regulation,court rule,or City or County ordinance,
wlrich substantially alter the revenues retained or received by either the County or
the City related to City case filings;
Then either Party must first refer its concems with the changed circumstances under tkris
Section to dispute resolution under Section 5.0.2 and complete the dispute resolution .
process outlit ed in that Section. If the dispute is not resolved within 120 days ofiSrst
referral under Section 5.0.2 or completion of the dispute resolution process outlined in
Section 5.0.2,whichever wmes first,then either party may serve a notice of intent to
terminate this Ageement. Such notice shall be provided in writing to all representatives
of the DCMRC as designated in Section 2.3.1. Within 30 days of the date the norice of
intent to tecminate is.served,the chief execudve officer(s) of the City(ies),the Chief
Presiding Judge, and the County Execu6ve shall meet togetheratleast once in person for
the purpose of resolving the dispute. If the dispute is still not iesolved, either Party may
tqrminate this Agreement by serving the other Party with a no6ce of termination pursuant .
to $ection'11.0.. The notice of termination may not be served less.than 30 days &nm the
date the riotice of intent to terminate(pursuant to this Section)was served. The notice oE
termination shall state the date on which tfie Agreement shall ternunate. The termination
date shall be at least 18 months from the date of the notice of termination unless an
eazlier date is agreed to by the Parties.
7.0 Re-opener. The County and the Cities may agi ee W enter into re-negotiation of
the tetms of this Agreement at any time and for any puTpose bymutual agreement in
writing. The Agreement shall remain in full force and effect dining such aegotiations.
8A Waiver of Binding Arbitration. The Parties waive and release any right to
invoke binding azbitration under RCW 3.62.070,RCW 39.34.180 or other applicable law
as related to"this Agreement,any extension or amendment of this Agreement,or any
discussions or negotiations relating thereto.
15RES.A Page 187 of 391
9.0 Indemnitication.
9.1 City Ordinances,Rnles and Regnlations. In eacecuting this Agrbement,the
County does not assume liability or responsibility for orin any way release the City from
any liability or responsibility which arises in whole or in part from the existeuce or effect
of City ordinances, rules or regulations,policies or procedures: If any cause,claim, suit,
action or administra#ive proceeding is commenced in wtrich the enforceability and/or
validity of any City ordinance,rule or regulation is at issue,the City shall defend:the
same at its sole ezpense and if judgtnent is entered or damages aze awarded against the
City,the County, or both,the City shall satisfy the same, including all chargeable costs
and attomey fees.
9.2 Indemnification.
9.2.1 , Bach Party to this Agreement shall protect,defend, indemnify;and save
harmless the other Party, its officers, officials,employees, and agents,
while acting within the scope of their employment as such,from any and_
all costs,claims,judginent,and/or awards of damages, arising out of,or in
any way resutting from,the Party's negligent acts or omissions: No Pazty
will be required.w indemnify,defend,or save harmless the otheiParty if
the claim,suit,or action for injuries, death, or damages is caused by the
sole aegligence of the other Party. Where such claims, suits;or actions
result from,concurrent negligence of two or more Parties,the indemnity
provisions provided herein shail be valid and enforceable only to the
extent of each Party's owri negligence. Each of the Parties agrees..that its
obligations under this subparagraph extend to any claim,demaad;and/or-
cause of action brought 6y,or on behalf of, any of its employees or agents. .
For this purpose,each of the Parties,by mutual negofiation,he;eby
waives;with respect to each of the other Parkies only, ariy immuriity thaf
would otherwise be available,against such claims under the Indust ial
Insurance provisions of Tide 51 RCW. In the event that any of the Parties
or combinaiion of the Parties incurs any judgment, award;and/or cost
arising there&om, inciuding attomey fees,to enforce the provisions of this
Section,all such fees,expenses,and costs shall be recoverable'from the
responsible Party or combination of the Partigs to the extent of that
Party's/those Parties' culpability. This indemnification shall survive the
expiration or termination of this Agreement.
9.2.2 With respect to any technology provided by the County for use by the City
pursuant to this Agreement,the County shall defend the City and the
City's officers and directors;agents,and employees;against any claim or
legal_action brought by a third party arising out of a claim of infringement
of U.S. patent;copyrights,or other intellectual property righu, or
misappropriation of trade se.crets,in connecdon with the use of the
tec}inology by the City'so long as the City gives prompt notice of the
16RES.A Page 188 of 391
claim:or legal action and the City gives the County information,
reasonable assistance,and sole authoriry to defend or settle any such claim
or legal actioa The County shall have no liability to defend the City to
the extent the alleged claim or legal action is based on: (i)a modification
of the technology by the City or others authorized by the City but not by
the County; or(ii)use of the technology other than as approved by the
County.
93 Actions Contesting Agreemenk Each Party shall appear and defend any action
or legal proceeding brought to determine or contest: (i)the validity of this Agreement; or
u)the legal authority of the City and/or the County to undertake the activities
contemplated by this Agreement. If both Parties to this Ageement are not named as
parties to the action,the Party named shall give the other Party prompt notice of the
action and provide the other.an opporttmity to intervene. Each Party shall bear any co§ts
and expenses iaxed by the court against it; any costs and expenses assessed by a couit.
against both Parties joinUy shall be shazed equally.
10.0 Independent Contractor.
Each party to this Agreement is an independent contractor with respect to the subject
matter herein.Notivng in this Agreement shall make any employee of the City a County
employee for any purpose, including,but not limited to, for withholding of taxes,
payinent of tienefits,worker's compensation pursuant to Tide S 1 RCW, or any other
rights or privileges accorded City employees by virtue of theu employment.At all times
pertinent heceto, employees of the County are acting as County employees and
employees of the City aze acting as City employees:
11A No6ce.
Unless:otherwise provided herein, any noflce or other communication given hereuader
shall be deemed sufficient, if in writing and delivered personally to the addressee, or sent .
tiy certified or registered mail,retum receipt requested,.addressed as follows,or to sdch
other,address as may be designated by the addre'ssee by written notice to the other party:
To the County: King County Executive, 70I Fifth Avenue, Suite 3210, Seattle,
Washington 98104
To the City: inserAtitle o;mayor,-=city m`cmaAer.;o"
rr„
city'admin`istrato'r'and
es i ,
In addition to the requiremenu for notice described above, a copy of any notice or other
communication may be pmvided to the Chief Presiding Judge of the District Court.
17 RES.A Page 189 of 391
12.0 PartialInvslidity.
Whenever possible, each provision of this Agreement shall be interpreted in such a '
manner as to be effective and valid under applicable law. Any provision of tkris
Agreement which shall prove to be invalid, unenforceable,void,or illegal shall in no way
affect; impair,or invalidate any other.provisions hereof, and such other provisions shall
remain in fiill force and effect.Notwithstanding the foregoing,this Agreement shall be
subject W re-negoriation as provided in Section 7.0.
13.0 Assig nability.
The rights;duties and obligations of a party to tlus Agreement may not be assigned 4o any
third party without the prior written consent of the other Parties,wlrich consent shall not
be nnreasonably withheld.
14.0 Captions.
The section and paragraph captions used in ttus Agreement are for convenience only and .
shall not control or affect the meaning or conshuction of any of the provisions of this
Agieement.
15A Force Majeure.
The term"force majeure"shall include,without limitation by the following enumerdtion,
acts of Nahue,acts of civil or military authorities, fire,terrorism, accidents,shutdowns .
for purpose of emergency repairs, lockou4s, strikes,and any other labor,civil or public •
disturbance,inability to procure required consdvction supplies and materials;delays in
environmental review,permitting,or ott er enyironmental requirement or work,delays as
a result of legal or adminisrtrative challenges brought by parties other than signatories to "
this ageement,delays in acquisition of necessary property or interests in property,
including the ezercise of eminent domain,or any other delay resulting from any canse
beyond a party's reasonable control, causing the inability to perform its obligations under "
this Agreement. If the County is rendered unable;wholly or in part,by a force majeure,to
perfoim or comply with any obligation or coadition of this Agreement then,upon giving
noACe and reasonably full partioulars to the City, such obligation or condition shall be
suspended only for the time and to the extent reasonably necessary to allow for
performance and compliance and restore normai.operations. For purposes of this
Agreement, "force majeure" shall not inciude reductions or modifications in District
Court Services caused by or attributable to reductions or modifications to the budget of
the I{ing County District Court as adopted or amended by the Metropolitan King County
Council.
16.0 Entire Agreement
This Agreement, inclusive of the Exkribits hereto, contains the entire agreement and
understu ding of the Parties with respect to the subject matter 6ereof, and supersedeg all
18RES.A Page 190 of 391
prior oral or written understandings, agteements,promises or other undertakings between
the Parties.
17.0 Governing Law.
This Agreement shall be interpreted in acca;dance.with the laws and court rules of the
State of Washington in effect on the date of execution of tlris Agreement. In the event
any party deems it necessary to institute legal aotion or,proceedings to enstire any right or
obligation under this Ag=eemeat,the Parties hereto agree tUat such action or proceedings
shall.be,brought in a court of competent jurisdiction situated in King County; ,
Waslringtoa
18.0 No Third Party Rights.
Except as expressly provided herein,nothing in this Agreement shallbe conslrued to
permit anyone other than the Partieshereto and their successors and assigns to rely upon
the covenants and agreements herein contained nor to give any such third party a cause of.
action(as a third-party beneficiary or othervi+ise)on account of any nonperformance
fiereunder.
19.0 Counterparts.
This Agreement may be executed in counterparts, and each such counterpart shall be
deemed to be an original instrument All such counterparts together will constitirte one
and ttie same Agreement
20.0 Amendment or Waiver.
This Agreement may not be modified or amended except by writtea instrument approved
by resolution or ordinance duly adopted by the City and the Courity;provided that
changes herein which are fechnical in riatiue and consistent with the intent of the
Agreement may be approved on behalf of the City by its chief executive officer and on .
behalf of the Cotmty by the County Executive.No course of dealing between the parties
or any delay in exercising any rights hereunder shall operate as a waiver of any rights of
any Party. `
IN WITNESS WHEREOF,the Parties have executed this Agreement on the
dates indicated.
King County City of
King County.Executive Tide:
Date:Date:
19RES.A Page 191 of 391
Approyed as to Form: Approved as to Form:
King County Deputy Prosecuting Ciry Attorney
Attorney
20RES.A Page 192 of 391
IXMBIT A ANO lLLL RTfACHM.EYTS
ESTiMATEO El(AMPLE
SUNMMY TO ATpCHMENTS P THROUGH J
Revenuc k
t' CaunrylCey
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F:cilOeS-C il f[er?a men!
Cen:er CnJ Crocessny Urv[ pw] 16.411 PeEra-e BOSV 2d5
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NeNOOOlogy nitbnsMOfCS:
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RES.A Page 193 of 391
ATTACHMENT"A" -TO THE FINANCIAL EXHIBIT
King County District Court
2011 DisVict Court Program Budget Salaries and Benefits less Probation
OPJf
Central Prob Prob SalarylBenzft
Judges` Clerks' LT' CM'Admin Aides' Mgmt POIs Support' Total F pendiNre tosubtotzi
County-StateCriminai 3 7.51 0.41 232 6.66 054 36 56 t 68 9&^ 20.42°
Countv-State Infractions t73 24.30 0.57 32 8.i0 076 38.66 2,952,605 16.43%
CounN-State Civil 3.82 33.38 078 4.42 2t29 1.04 64 73 5 Qe6 0g8 2g pg%
City Cont2rts 6-10 32.03 0.75 4.24 .07 1 00 SS l9 639 954 2,$3°/a
Re censingCOUrt 0.26 3.42 0.06 0.45 .4 0.11 545 4 8115 2.33%
DV Court 1.16 t34 0.04 024 OJ2 0.06 4 07 425 43 2,37%a
Jail/FebnyiEx edited 2A2 272 0.06 0.36 0.85 0.08 6'10 c"69780 373%
Inquests 0.?8 0.8 0.00 0.02 0.05 O.C1 046 53688 0.30%
Pa55pOrts 0.91 0.02 O.12 022 0 03 30 92 505 0.51%
SubtotalwithoutProbation 24.40 1 629 27 15.38 50.it 3.62 21252 $ 17966399 00.00%
District Court Pro ram Budget.Salaries and Benefits attributed to Contract Cities. S 4,639,954
Multiplier(Percent of Salaries and Benefits for Contract C Les) Z$gg%
Counry Probation 7.46 0.7 0.99 3.68 023 24 6 81 3 87 2d 45 2 0 9 3 7
Ciry Probation 4.07 0.09 0.54 1.91 0 13 0 58 3'19 1 81 2 32 i G07 123
DV Court Probation 0.5E 092 0.09 0.40 O.C2 0.18 1.00 0 57 2 96 25 730
Subtotal Probation Costs 1221 029 1.62 5.99 0.38 2.00 1.00 6.25 39.73 S 3,278,170
Probation as Percentage of Total Staff i575%
Tot2i DistnC.Court Costs 24.40 125.50 3.00 17.00 56.0 4.00 2.00 1 t00 6.25 252.25 S 21,244 570
1.10 'Judges inGuded in Central Admin
11.00 'Call Center Clerks w nted in Centrai Admin
9.00 'Payment Center Clerks counted in Centrai Admin
8.00 `CPU Clerks countetl in Central Admin
4.00 'CM i cluded in Centrel Admin for Call CeMer. Payment Center&CPU
625 "Court Clerks counted in Prob Support
Attachment A 2
RES.A Page 194 of 391
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AGEVCY'EAPNOn^KEFS 5)B
INCVESTCCVIiTtiE-[IRTHi f).{]2
C5ft1TP.c LUT1ON 385.]59 0,5±25
Jl',t aR0'A5 Q.4i) n<9i
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TCGIRCT 1ACCO'Ylli 6]0]U t)116 J1JOffiC O TY J'.. $e! X11TOl.fhryCC2
I]INCOU ry
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m 91 xIW MC(S.x SSIDt 5<pA SiPR XDX S]K%S9C[59vK
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e¢(NI'rc:lu pc2i19n.lc^x[wm 551EC(hcit'r mrt9MeWn)..ana I[s SSJ3l YVmJ ITm IcyC.l.1M'CnY G!<Ca9 6 CaINbIM tr/.YN1m9
Ile4?li•Y malrem/^x ^c4r:n.y'- LL Ncn.f:ple.r:.L.'mC%'.I ef.ny CY.YL ss?MIlbn.
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swz;..,.. ._s,re:,x,m..,<.. ,.,.
RES.A Page 196 of 391
ATTACHMENT"C" -TO THE FINANCIAL EXHIBIT
Current Expense Overhead
Disfic[Court CX Overhead 6y Categcry Less Prob2tion 575%
20'10 CX Overhead
amounts incurred
bv the CX fund on District Court
behalf of District AercenGae District Court Under Sheriff
Court less Probation Costs Cont2cts Shenff conhact Allocafior. Allocation CiN Case Costs
General Government 333,266 34.25% 5 280,776 5 -
Personnei Services S 143,638 8425% S 121,015 S 12,0 5 III. Current Expense Overhead 25.83% S 3'1.252.0
Bus Pass Subsidv 10,04'I 8425% S 52,709 S -
Ombudsman 1,138 842% 5 959 S -
Fixed Assets Mgmt 5 779 8425°Jo 5 656 S 65G III. Curre c Expens=Gverhead 25.83'/: S 16 SG
County+,vide Mail Service 5 10,204 8425°/a 3 8,597 S -
StateAuditor 5 9.726 5425°/, 5 8,194 S
Budget Service/SVategic Planning S 102,895 425% 5 86,689 5 -
Building Occuoancy 255,544 00°/, 5 255,544 S 255,544 N. Fac:lities Op=•a ing 3 R=nt AKacnmen.D
Records Manzgement 5 20,781 8425°!a S 17,SOS S -
PAO 5 76,61 8425% 5 64,545 $ -
Overhead to District Court: 1,064,627 5 377,215 S gl qyy
Meth od o I ogylDefi nitio ns/Notes:
City Case Cost is the amount incurred by the Current Exoense fund on behalf of Disirict Court`or personnel services znd fixrd?sset
management mult plied by the Mul,iplier irom Attarhment H_
Atl2chmant C
RES.A Page 197 of 391
ATTACHMENT"D"-TO THE FINANCIAL EXHIBR
District Court Facilities-Opeating and Rent
Year 20
Aveaoe of
Clerical Need_
Pe¢en[antl[M1c
Detlicated Tohifacilitv JatlkiaiNeed
Sq Footaae CountylOffier Dedicated ToUI soua2 oceraUno antl Percent bv GiN Case
Farility bvfrciliri Soace CiNSoace SharetlSoace toot<hame rgnt<osts Fatili :Gosts
Beifewe 71°
Bunen 1,SE3 757 10.826 S ?37i 25i.363 10°id 26,9CG
1552QUah 15.17 2.961 t2.056 5 3013 63247 S9E 27,568
R xontl 11655 1.020 10.636 5 2?Ti 252i-06 29° 12.i?5
Shoreiine 11,523 H53 1a870 5 23.'7 25.4 9 49 t2o.135
AuLwm CiN Htll 100% - .
R=ntrn 9492 9E1 ---- -d.511 5 2977 202.329 9°0 15.SG3.Tcr l 59.271 6.372 52.899 1 34.196 2lt 291
Calculation of 14uttipiier by facili :
Qenwl Neetl Percenta e JuCicial NeeC Pertenta e
A 0 C=6/A D E F=E/D G=GF rz
Aveage of
Cieriwl Neetl
Pe¢ent of PMtent ot Pereent antl the
ToWI Cierical ToGI Clerical Need Total Judicial Tofal ConVact Jutlicial Need Judicial Need
NeeA per Contract City tor Contract Neetl per Ciry JuEicial for Contract Pertent by
Facility Clerical Neetl Ci6e5 Facility Need Cities Faci ity
BeOevue 14.00 70.87 78% 2.60 t.65 63% 71°,0
Bunen 20.00 2.30 12°/, 400 0.39 9% 10°,e
Issaquah 7C.00 0.83 8% 2pp 0.14 7% g%
Redmo.d 2L 5 624 29% 3.40 O.W y9% 29%
ShOreline 1200 522 43% 240 1.30 SA% 49°/,
uOumCityH211 _ 1q.Cq _ 9.15 _ 01% 1.W 7,50 100% 96% -
Ren!cn 15.00 1S0 10% 3.00 024 8% 9%
MeNOtlologylDefi itionslNOtes:
7.The 2te fo each year is ralr latetl In Fh¢aQac",mert(Gb)"F2ciliy Rates." C.".anginc the year tt the fop o(Mis sheet v.'i!I u ate N_f dll!y ra'e.
2.Refer ro&hiSiLe B and C!or the overall melho0o:egy. Re er to Ne ab Fatility RateslorVte U!culation o`Ihe Tofal Square Feot Ch?r;e.The m I;ipliEr Sy f_ciiiy is
the ave2ce of the p=ceM et clencal r.c^etl fer contrdct pties'm t e fa:ilry antl Ihe percent otjudidal neep for<cnVact uties io!h?'aci.!Cr. T e Ciry Case Ccst's 1he
proCu[t c'the mUl6p!ier by(apli?yand the tC al faCi[ity operdting 0n mnt coss Cy fafiliry.
3.Figures for detl:cated antl shared spaces are Oasetl on renutr!e space tonsistenlvdU BOMA standartls.
4.Arezs Nghfig ted:n yeilowvnll change onw Ne acNal ate is determinetl in 2008,accortlir.g o Ex ibits B arA C.
5. DeOicateC t y 5pate i5 tletailed in AfYdchmenl J ar.d linketl to thi5 5heel.
6.Tne RMmontl ar.0 SOOreline faa!:ties ezrh have z raurtrooa!hatv25 empry xnd unuse0 pnor to anC on fie commercem=rt Cate c'I e Agr?emen ro usabi?
soa<e(or Ihese murtroems is inclutleC in Ne'etlt a!ec Couny;ON=_r Spaoz"co!emn m thai d can he tle0uctetl from shzred so2re. n[tte pcmt ert^er cf these
CoJ r00^.s dre aCliv3'Ed.Il`E asA02te Sp2G2'1 I Le:dVC°d in[he 5h3fEd Sp3Ce. All SpaC9 tba hE"AmBS Cn'.pty Cr unc5etl o.°.cr thE coTm.^.;Rmen;dal=c`1h
greer en;urP,h?ir r'u.7=_c in:hC shz 2tl SF=re unless Gmvitletl at erwi>=In$ection5 3.1 B nr 3.1].
i 9E.t rt'e°•C
RES.A Page 198 of 391
AT"TAC'r,MENi"E^-TO iFic FINANCiAL EXHIBR
R^vi SeplemMr 2010
Security Gostt per Faciliry
VCfIOCM
J deil
io'a clunrt pttcenboc
SrcunN nnE<IttiG C^IC,c.
O:Y K nlll]pC COK:rt'f
Fxinh F,ict norF.x u'rv F-x;i;rti
Bclk 93,?OP i1 0 12c?32
Bu6^n 193.WE 10°/. 2.,2%t
Issv ua 193.908 v a 1<15
RMmaY_ 193.903 29% 55.505
r_.. i wa x___=ie:c;- -
sr.. - i33sas az^c se.cs
F n!or. 13's 908 3% i'S'o525,:3
ToGI Sauriry Costs per Fxifry Cosi per FfE Y IN Ff=:
S iasty saeoncr wiWC pT 5 "on.5:2
Depu!yM3r,faliric!We50T 4 121.18C t.::3
Srgcvntvr_WesOT S 3.t55 C^_5
5 t9'.9ptl
CalculaCOn e}Mul4piitt by Fxility.
Qcno!Ncetl Pmcmfaoc Juditial Nttd Pcrcrntaqc
A B C-&A 0 E F=EIO G= GFy2
Pceecn[ol Pcremt o}
Tof l perieil Toial perieil Neetl Tobl Jvtlieial Toel Jud6a1 NeeC Ave'age o/dmice Necd
NceEpe Contrx[Gry lwCOnhaC NeeEpe( ConpxclC'it }o COnhatt PercmtanEt eJUtl cial
Fxility Clencal NeeE Cities Fxiliry Judicial Ntttl Cities Need Percenf by Gatility
Oeticrve ta.Op 10E?8'F 2.E0 1'05 63e Tt%
9urzn 0.00 2_J tY/. <Cb 0.38 9% tOY.
Issaoua 1000 083 8X 2C0 414 iY. g=,
Rntrw d 21.'i 5.2<5 350 0.41 29% q•,;
SMrN'ix 12W s.22 C3% 24]'1.3]l% 9
A hm,--i7Z 00 g.i5 1. t .e5!; .. .
Rrnron 1SCA iW 1pA 3W J.24 8% 9^4
NeMOdology nitimz/NO es:
1.lne m.imxv q L-a M e u,a avar,ge d:ne e'+ce x ar c rc rc ror e n:x,nt'ez v ilm taB,y ara tne o.«.+i d jiCC;a neca or connan fi ies m ve rx bry me Cay c:-efqsliSNepotlWMheac!uJ staH sa!ry sC bere(1z fw senn.y nC screettirg at caN!aolrty a a tlie nuttN q'fs lity.
2TTC$11Ctll'SOFF.Ew AfA1NEV(SpCCIjRiP5wYU1`JV@plpJdC`QStt1J']11112C601t1w'V[CtdfY]u3EYw:tllPn]11[M3I51 IShLgfl J[I$Qp(QTbLy2 1 TM1p iRCIY1vn'-r
vnl.M W'ed'in. le is am^_;!eC tra!n rexsm3:ne^u^bx o(M3rsla's aeRra.eC o Crzttirz^ax casM ses w Pavi e rei;M rw varation.sck iea.e.my RM r_•:-,m.s-n•.
vn 2 ove imc wN135 C'wi0.o i'pvC•;f Y c s:gailF[N luP_re 'M y,v m p{ry_sc g^2n!nCktlM n'M_se S SVTiy Cp5:5 wA:M Cc4'minM pv Cv`Oldl ncm!r_v 21
t....1C . _., F'JS q. _ _ . . .c.-..sr 'M•n T.c'
l!IaGY^!I L
RES.A Page 199 of 391
ATTACHMENT"F"-TO THE FINANCIAL EXHIBIT
Facilities-Call CenterlPayment Center/Civil Processing Unit
Year 2011
So Footaoe Total oer foot Ciri Case
Facility bvfaciliN SharedSOace cost MWtialier CosLs
Call Center 2.a54 2,459 S 23J7 25.83%55.097
Civil Processinq
Unit(CPU) 973 5 23_77 0.00%
Pa entCenter 7,041 1,041 5 23.77 25.83% 6.397
Total Costs Z 48$Methodology/Defi nitionsMotes:
1. The"Totai per foot cost"rate for each year is calculated in the a!tachment"Faciliry Rates'pursuant to F hibit e. Changing the year at he top of;his
sheet will upd2te the faciliry ra:e.
2 C?U wmpietes no ciry work onty counry work therefa2,mul[iplier zem.
3- The Payment Center&CPU sha2 2lunchroom and mznager cYces.These spaces nave Seen s?lit beb:ee t ese units.
A[;2chmca;:
RES.A Page 200 of 391
A i TACHMENT "G" - TO THE FINANCIAL EXHIBIT
Reconciiiation Costs
Totaf Costs for Keconciliation 5401
Calculation of Reconciliation Costs
3 daet
ManageriCity PSB Eudget
Staff person name KCDC Director Contracts Anaiyst Totai
Hours spent on Reconciliation 0.50 8 1 9.5
Cost per hour(include Salary and Benefts)5 58.66 5 40.16 3 50.32
Total Costs for reconciliation 29 5321 S50 5401
Specific Task done and hours spent on Reconciliation listed below
Reconciliation Documents Preparation 6.00
Review/An2lysis Reconciliation Documents 2.00
Sum of All Hours 6.00
MethodologylDefi n itions/Notes:
The amount the County incurs to complete the annuzl reconciliation as referenced in Section d.;.
Attachment G g
RES.A Page 201 of 391
ATTACHNiENT "H" - TO THE FINANCIAL EXHIBIT
One-Time Electronic Court Records Technology Costs based on Useful Life
Calculation of Electronic Court Records
Total Electronic Court Records Costs' 3gp,g22
Divided by Useful Life 5 years 2005-2009
Total Costs per ye2r 278 gq
Multiplier ZS,g3%
Final City One-Time Technology Costs
Background Informztion on Actual Costs for ElecVonic Court Records
By Account Code Detail
Software& Licenses Zo2,Gg;
Contract Services 825.577
Capital 262 862
Total Costs 1,380,922
Methodology/Defi n itions/N otes:
t. Per section 4.8.2 of the contract "The Cities' share oi the payment
to implement ECR shall be no more than 556,745 for each year of
this contract or any successor contract. up to a maximum of ive
years." The five years will be completed in 2009.
A tachment H
RES.A Page 202 of 391
ATTACHMENT"I"-TO THE FINANCIAL EXHIBIT
One-Time Costs for Technology Improvement Projects
Ciry Contribution Reserve
Threshold Ci Multipiier Ci Share Be innin Balance Expenditures Interest Eamin s Endin Bzlance Reserve Cap'
2007 100,000 18.14% 18,143 0 0 0 18,143 900.000
2008 100,D00 18.72% '18,718 18,143 0 121 18,264 918.000
2009 100,000 21.02% 21,019 36.982 0 306 37,288 936.360
2010 300,000 20.54% 61,614 58,307 0 335 58,642 955,DS7
2011 300,D00 25.83% 77,477 120,256 0 485 120,740 974,139
2012 300,000 195,218
2013 300,000
2014 300,000
2015 300,000 I
2016 3Q0,000
2017 300,000
2015 300,000
2019 300,000
2020 300,000
2021 300,000
Methodologyf Definitions/NOtes:
This Attachment is developed pursuant to Exhibit D. The City Multiplier is calculated in Attachment A. The City Case Cost is the product of the mWtiplier and
the threshold unless adjusted or waived in any ye2r vhere the reserve is projected to exceed tfie eGuiv2lent of the Cities'share of 5900,000 increased by 2?6 per
year beginning in 2008.
AYacnmen? I
RES.A Page 203 of 391
ATTACHMENT "J" - TO THE FINANCIAL EXHIBIT
Dedicated City space
citv cost for
Dedicated Citv Total square foot dedicated citv
Suace chatqe s_ace Description
Beaux Arts
Bellevue
6urien
Camation
Covington
Duvall
Kenmcre
Redmond
Sammamish
Shoreline
Skykomish
Woodinville
Total
M eth od ology/D efi n iti o ns/Notes:
1. Fioures for dedicated and shared spaces are b2sed on rentable space consistent with BOMA st2ndards.
Attachment J
RES.A Page 204 of 391
Summary of All Ciry Case Coscs
TPUZ+c..mznl anChcnFaCC;yC:ryGaseGOS saWFac.ryC!ryCaseCosls)o Naereeo .dGiyCase . . .ce.:-,r. _rhielP.i v_u:cbzce=]onres3rrerre`og
rtrntly usetl to a:;acale tosls.
Tiio=x mS.S wTiU e naiNy ss!d ie5 anC berc(RS anE are rqnlx3ity paSeE,qtl,Xryn¢s q,3,C,F,G,Y.an I,are d:a tP h. .._ t. P 1- I C. 'C c.Th 52 CCS;YX,hj(}f 2!¢/3^JIiC 35C4,/lldGlb(KYI!5'7 Ib E 3IC 21IOCd(Gl b35C4 OII tl1G'dVlYd9C 01 Gn'fd5t(li!195 P[lCPMd'e a __i r
TTC:3?GS GI W CCSUIL'P IIOVI tIMS f1M lbtl 3110C3.P5 N25C bJAS dClO52 2JC11 Gly.
Summa ofGi CaseCOSu
TU21 Ccsts pet Simmsy F ifipit P. NeNOE lor Allxallon
NomFxility Costs Rclliry Cosc I
X Clerical I
NeeNJvaiciat
Albchm<nt kem CityCzseGo5ts2011 ClencalWtlgpts WNg ts
2011 Dlsmcl Caxt vrogrdm BW9M
F Salaries sd BenefAS less?roDatior a 639,956 5 d 539,95n
rvorvcx:lrty axtsNa+cx werl eaa
B mris less pobatim 5a8.373 5 54d.3T3
C QmeM Erpenx OveMieaC 31 d22 S 31 p22
DisMtt Cwn Fx li4es-Ope2t rg aM
0 Re'p 2T1.291 5 Z71.25t
E SecaiyCOSlsperFatilM 525.II8 5 525,1i'
Faali4t5-Cail C,enterlPaymen[
Cttrter.'Civil PrOCtsS:tg Urnt 21 48q S 21.G8$
G Peca¢Jiatbn Costs 401 4p1
Ox-T'me ElKUmic Cam RemMs
4 'erhxbgy Costs DaSCM or UseLl Li!e g
o-r e c n r:r.m y
I impro xnerePro'eUS 77,4 5 77<77
TOTAL CIiV CASE CO5T51N 1011: 6,N5,536 5 5.319,117 S 796,a:? '
TOTAL CITV REVENVE IN 2011 S 336,567
Ci DeOica:MCOStt
D!Gts.ed C;.ry sP"xe
TOTAL CITY COSTS wl OEDICATED 6 HS 536
Tota G!y C se
Ciry NorvFaciliry Costs Facfii Costs eEioted Cosu'Cnss Tobl Ciry Revenue DiHermce
Bex Pns 5 S 0 5 0 S 5 p
4 sseosa_3. _ _ ,es:s3's---- —. . - s ,.sas7sz s s nsaa.-sz:fEelievue5 -- - 1.600.967 5 136.182 ---5 t.3?.713 S 3S'.S.A9E S t79].;ebiBwen5338.938 5 d7.tiA 5 356.113 S 52443 S (33,6]0'
Camation 5 3T./81 5 4,241 5 4f,475 S 3d4% 5 (6.9]?;
Cevi glm S 321 t99 5 35.850 25].053 5 15fp65 S (102.93Z`
Dwall 58<54 5 6.60E a b5,U62 5 Ea.'16 5 (<2A2;
Kenrtqre 5 193,099 5 56,005 5 269,SOt 5 219,Oi& S (30,a^e6;ReCmaM S 4 S 1Q9.C3E S J6.908 5 2.IM,511 5 !.30].603
ammanish S 122.C56 5 42.285 S iS6.7<t S 113.09 3 (51.6Ee;.
Shorei: 5 515,53] 5 i6a.39 5 9.963 5 558,B13 5 (1at,p95'
Skykanisn S S S 5
Wood mi;le 5 a5.6]2 5 7541 S . 51.212 5 73.i57 5 2U.SeG
TuLV 5,319,1R $ 196,619 $ S 6,115,516 S .3]6,58] 5 1.221052
NC!CSSee R!!x c.enl J
AII c;'.Y G;"Cv,!;
RES.A Page 205 of 391
Non-Facility City Case Costs
Summa o C CaseCOSts
TatN CesK perSU:mmary Ez idt A Mct otl for Ppocalb
Nm FaCilityGps6 FanliryCOStsCletical
N Gqu01[ial
Attac mm[ Rem Ci GseGOS[52Ut1 CkKCalYhig Lt V(eig ts
zo i oi<o-u cam aragrun e.aget
A 5]41^c.',aMB^rie5tslessPloWtiM 639.95C 5 1 a9y
No^..-Fao1 ry msallorvCX we t eatl
9 co5[SWSSO alion Si8.3 3 5 50.4,3iJ
C Curtent.s mseOvMeaE 1<2'c S 3tn]2
astritt Ccun Fx v es-OperaSrig ara
0 Rc'1 2)129!5 PL291
E S rdyCOS;s FanMy n5.49 5 35.II8
FactiSes.Can CmimPayment
F C^nterK nil Pracessi g Wn 2t a0g 5 21<ee
G R^maU m-nCO s a0! 0
Ox me E!r_+onic Gmn Remres
H T?c nOioryCG60YP'onlJx!ulLde 5
Onf-Ti.reCm s(orTCCnnoiogy
I Imp-evem nlh0?CIS ii4- S dii
TOTALQiYCHSECOSTS M30H: 6,1t5,536 5 - 5.3t9.i1] 5 ]95,at9
TOTALCITTREVENUEIN20tt S Z336.SS]
e6iei(fOCOS}s
J IXc cr aC.ryspare
TOTALCT'COSTSrNDEDIWTED 6.H5.5.6
Clttka USagf
Citv iotaiWN9M1ts(Timc) P rccMNMCitics Cos[DistriDUlion
Bcau.Pns a o.co°;= s
0_1_ 25.3L°a 5 2a 094
9H:ewe t.195.`E9 30.ta°y S t 6D0.95 -- _- ——_—
Bunm PM129) 6.3i"e 5 ;3d.S:8
Gamatian A,oB9 01ob S ].15
Covir9ton t]9006 a.6?4 S 22t t35
Dmlal 4 OE t10R 5 i°a5rt
Kmm¢m 156,266 63?c 5 19 MN
emnme szs.in i<EZr< s r<ro
S:mr xm,sP 9909E 3ory S t22,a55
S'brN e 465.i96 1022•A 5 S/>59%
SNykomislr 0 OCOYe 5 -
WaoCimAe b,SEO O.E6',6 5 45.6]2
Taal 4,ba,5t) 100% S 5.1t9.11]
Anacnmmt
fiA B C F G H I TO I
Beau Tre S 5 5 -5 -5 -5 S - 5 -
AuO m: 5 1i5.?65 5 1.'.2.Si? 5 )96+ 5 S,w6 S 102 S 5 t9,636 S t3<vp<
BeAVne 5 1196,SSC 5 155,05t 5 3,d58 5 6.463 5 tZt 5 5 23.913 5 16CO..i]
Eurrtn 5 235,6fi: 3 3e_Se3 3 2.002 5 1.359 S M S S 4.90] 5 13 938
Camabon 5 32tW 5 3.E33 5 ]20 S t50 5 3 5 - 5 St2 5 ]]1et
n mg4.n 5 132,955 3 1b0 5 130i 5 89a 5 ] 5 - S 3,vz E x21.199
Dvr ll SC.99p 5 6 C25 $ y.5 $ P.6 5 4 S - 5 851 5 'x+,<X
Y.emmae 5 16C,stJ 5 i9.90; 5 t tai 5 ]90 5 t5 S - 5 2,St3 5 t93,099
ecamm0 5 6)E200 5 AO.tSJ 5 aS93 5 3.tnt 5 59 5 - S •t,JYn S 'Tla]0
Sammamish 5 1W,8] 5 12,6?5 S 123 S a95 5 9 5 - S t,iec S +12456
Snarelinx 5 507096 S 59,1 5 3<00 5 2]25 5 aJ 5 - 5 8,]8n S S1559;SkYxomo 5 3 5 S - S -S - 5 5
WmC mNl¢S 35.6W 5 6.:09 5 PO 5 185 S 3 5 - 5 665 S a55'2
ToWI S 4639.951 S Se3.3]] 5 31.aL 5 t.a98 5 <pt S S il.a]]jT,31B.15i
Nrn:3uiiry C)fau Ccss
RES.A Page 206 of 391
Facili!y City Cose Costs
Summ MCi Cs.eLr.0
Tofal Co.t pn Summary 655i A MefMC Id AYOCatinn
ypi{anlMGOZh PociLyCecn
x ca;.a
weceu ecui
A te ment Item Ci CuxCO:C301t Ckri[a1Wei9M1t Weg b
011 U:NC CA'n Peegra.m 3W/p
A Sal;nd Qerie::le:s Gr'vstim i.6'a5,a5a 5 <6N.956
Yr.0.x:y:a nLZOVMwd
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RES.A Page 207 of 391
CountylOther Dedicated Space
Dedicated
Sq Footaqe bv Countv/Other
Facifity facili Space Description
Bellevue
Buren 1'1.583 757 Countv prosecutor occu ies two rooms in NVJ ccmer oi facili .
1070 sf is vacant. previously occupied by County prosecutor,1891 sf ior DC
I;saquah 15.017 2,961 robation.
County prosecutor occupies three rooms off the lob6y hallway. Counry
public def°ndec County Prosecutor(state cases),and Marshall occupy
Redmond 11.656 1,D2D three rooms to the riqht of the main entrance.
Shoreline 11.523 653 DC robation cccu ies several offices off the main iobb haliwa 653 .
Renton 9.492 931 DC probation cccupies szvzral offices off the main lobby.
Total 59,271 6,372
Note:
1. As requested. the Coun can previde drawings of these fzciliti s to iilus`.rate no v spaces are alloczted.
Dedicated County Spac
RES.A Page 208 of 391
King County District Court City Revenue
Sharetl Court Cos[s Shared Court Cos[s
Year 2070 YTD Revenues Year 20'I1 YTD Revenues
Revenue
100% Remitted
100%Revenue Actual Retained Revenue Revenue Actual Re[ained Revenue underOld
Collected Split ColCity by County Remitted to City Coliected Split Co/Ciry 6y County Remitted to City Contact
BeauxArtS 40 700%!0% 40 0 D 100%/0%0 0 0
80%/20%Until 70°io/30%until
9I20'10 hen 7I2011 then
Bellevue 3,935,847 70%/30% 2,974,058 961 789 3,535.494 55l/CS%2,2a5416 729.078 2.513
40°/d6C°lountil 50%!50%unhl
B/20 i 0 then 712011 [hen
Burien 382,949 50'/c150% 770,125 212,324 352,453 100°/>/O% 2ot,37?I 87.566 357Camation31.307 i00%/0°/ 37,307 0 34,49510%/0% S,.Sc 0 0
Cavington 123.297 100%./C% 723,297 0 756_Co510!/0% 155.0^c5 0 3GDUVaII74,535 100%/0% 74,58$ 0 v0,E1G 100%!C% 6u.£14 0 504
Kenrtro2 23iA76 i00%/0°/ 237.076 0 2 9,079 700%/0"b orrg 0 252
Redmond 992375 100°/,/0'/e 992,375 0 2,194.51, 36%/20%7c t-.{ 3,26"0 2.729
Sammamish 1 3,718 i00%/0% 113,7t8 0 1'.3,057 100%10% 173,0 p pShoreline626A22100%/C°/ 626,022 0 59&.R73100°0 0?o S,E73 0 967
Skykomish 0 iG0%!0'/0 0 0 i00°,'c 0%0 0 C
Woodinville 82,854 100%d0% 52,8541 0 73,757 i00%!0°/ 73,i5: 0 359
5.600,070 5,425,457 1.774,613 7,335.587 5.555.675 619.9U 7,711
TotzfCiry Revenue 6,600,070 7,336,587
Dollar amount is different from Fagc 7.We haaz
deleted cdieswhich no loncer contractwifh u,.
Note:
t.Contractina Cities r-nged in 2U05 8 2007.
2.Cities that no Icnger cnntrac[vn;h Y.CCC are nct r=fl=_Ced above.
Rzve ue
o
RES.A Page 209 of 391
2011-KING COUNTY ISTRICT COURT FWNGS BY CASE7YPE
PC Jail
Infraction Infraction Criminal Criminal Pmtection Small Expedited Felo'ry TotalJan-
Traffic Non-Traffic DUI Traffic Non-Traffic AHfOrtlers Civil Claims Hearings Hearings Parkfng Dec
JURISDICTION
State/COUnry 85,936 6.0b2 4.SOa 4,570 2,5<6 2.029 27,067 5,233 ;220 70,7a7 2.779 155,413
Vashon Island 98 12 g 2 g 3 QZ
Total Sqte/COUn 89,034 6,094 6,8 2 4,572 2,555 2,029 27,067 5,233 1,220 10.747 2,192 155,555
Beaux Arts 0 0 0 0 4 0 0
Au4um 5.438 74 210 1,577 1.69? 36 5.986 75:033
6ellevice 17.804 9a 268 1.046 1,703 23.513 43,333
Bur.en 1,137 8 78 323 649 3259 S,d54
Camation 70 0 12 44 37 Z y
Covin ton 1.+.8 9 24 305 226 258 2.002
Duvall 280 0 29 58 51 35 453
Kenmcre 7753 114 61 190 61 2 2 Z49
Redmond 7.722 101 161 587 574 16.209 2<,75d
Sammamish 1,000 21 77 97 92 77 1,358
Shoreline 5.402 109 719 526 628 67 7,455Skykamish0000000
Woodi ville 246 6 19 28 89 93 481
TotalContractCities d1,552 536 1,052 4,781 5,307 36 0 0 0 0 50,3 6 03,578
Total KCDC 130,586 6,630 5,86a 9,153 7,862 2,065 27,067 5,233 7,220 10,747 52,506 259,'133
Fl acs Uy Ca«.tyC.
RES.A Page 210 of 391
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RES.A Page 211 of 391
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RES.A Page 212 of 391
3Dfl-KRG COUNTY OISPR C i COVP.T CLER:Gp1 pLLOCF O i
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RES.A Page 213 of 391
FACILITY RATES
Burien, Kent, Redmond, Shoreline, and Support Services Facility Rates
n a on sca a ion o a aa ity
FMD RATE Capped Rate multiplier Contract Rate` Rent Ra[e Charge
2007 12.65 12.65 12.65 11.80 2°b 24.45
2008 12.92 13.03 1.03Q 12.g2 12.04 2%: 24.96
2003 12 48 13.42 t061 12.48 1225 2°'0 24.76
2010 10.35 13.83 093 10.35 12.52 2% 22.g7
2011 11.00 1424 1.t26 11.00 12.77 2'/0 23.i7
2012 14.66 1.159 13.03 2°/a 13.03
2013 15.10 1.194 1329 2% 1329
201a 15.56 1.230 13.55 2% 13.55
2D15 16.03 1267 13.33 2% 13.c
2016 16.S1 1.305 14.10 2% 14.1
Fcotnote:
Per Exhibit B,the rate each year following 200 is the lesser amount beiween the actual rate provided by Kina Count's
Faci!ities Management Division and the caop2d r21e determined by multiplying tne 2007 rate by the ir,iiatico n-.u.'c'e-.
Issaquah Facility Ra[e
nra on oa aaiy
FMD RATE Capped Rate multiplier Contract Rate` Lease Charge
2007 12.65 12.65 12.65 17.D0 29.6F
2008 12.92 13.03 1.030 12.92 17.51 30 43
2009 12A8 13.42 1.061 12.48 13.04 30.52
2010 10.35 13.53 1.093 0.35 18.58 26.93
2011 11.00 ta24 1.126 L00 19.13 30.3
20 2 14.65 1.159 19.71 19.71
20 3 15.10 1.1?4 20.30 20.30
20 4 15.56 1230 20.91 20.91
2015 16.03 1.267 2'1.54 21.54
20 6 16.51 1.305 22.1g 22.1c^.
Footnote:
Per Exhibit C, the rate each year following 2007 is the lesser amount between the actual rate provided by King Counfj c
Facilities M2naaem nt Division and the capped rate da_termined by multiolying the 2007 rate by the inflation mu!tiplier.
F2:i:'ry a3r;1
RES.A Page 214 of 391
EXHIBITB
ANNUAL FACII.ITY CHARGES FOR DISTRICT GOURT FACILITIES
IN TI CITIES OF BURIEN,KENT,REDMOND,AND SHORELINE
This Bzhibit isattached to the Interlocal Agreement for the Provision of District Court Services
between the County and the City. The terms and conditions described in thisExhibit area
further description of the obligations of the parties regarding the calculation of annual facility
charges for existing District Court facilities in the cities of Burien,Kent, Redmond,and
Shoreline at commencemetrt of this Agreement.
I. Beginning in 2007and continuing tGrough 2016,the sonual facility charge is the net rentable
sq»are footage in each facility pucsuant to Section 3.2 muldplied by the rate.per square foot.
The rate per square foot is the sum of the ratc for Operations and Maintenance(Paragraph
2}and the Rental rate(Paragraph#3).
2. King.County's Facilities Management Division determines the cost per square foot for
Operations and Maintenance for facilities owned and maintained by the County. The
Facilities Management Division will provide the rate for Operations and Maintenance for the
next calendar year for each applicable District Court facility by September of each year. For
the purposes of this Agteement,the rate provided will exclude any adjustment for restoring
the division's fund balance reserve. For 2007;the rate is$12.65 or the actual iate provided
by the Facilities Management Division,whichever is less. The rate each yeaz thereafter is the
lesser amount between the acNal iate provided by the Facilides Management Division and
the capped rate determined by multiplying the 2007 rate by the multiplier for the
conesponding year shown in the following table.
2008 2009 2010 2011 2012 2013 2014 2015 2016
Inflation 3°h 3% 3% 3% 3% 3°k 3% 3% 3%
Muttiptier 1.030 1.061 1.093 1.126 1.159 1.194 1.230 1.267 1.305
3. The Rent beginning in 2007 shall be$11,80 persquare foot. This rate will be increased by
2%per year for nine years thereafter.
4'. Beginning in July 2014 and ending no iater.than March 31,2015,the Cities and the Counry
shall determine a methodology for an annual facility chargo for existing facilities referenced
in this exhibit for 2017 and sqbsequent years. This methodology shall take into account a
reasonable fair market value for ezisting couit facilides.
RES.A Page 215 of 391
EXI IBIT C
ANNUAL FACILITY CHARGES FOR THE DISTRICT COURT FACILITY IN THE
CITY OF ISSAQUAH
This Exhibit is attached to the Interlocal Agreement for the Provision of District Court Services
between the County and the Ciry. The terms and conditions described in this Exhibit aze a
further description ofthe obligations of the parties regarding the calculation of the annual facility
charge for the existing Distriot Coart facility in the city of Issaquah at commencement of this
Agreement.
1. Beginning in 2007 and continuing through 2016,the annual facility chazge for the existing
Issaquah facility is the net square footage pucsuant to Section 3.2 multiplied by the rate per
squaze foot. The rate per square foot is the sum of the rate for Operations and Maintenance
Pazagraph#2)and the Lease rate(Pazagraph#3).
2. King Counry's Facilities Management Division determines the cost per square foot for
Operations and Maintenance for facilities owned and maintained by the County. T'he
Facilities Management Division will'provide the rate for Operations and Maintenance for the
nexYCalendar yeaz for each applicable District Court facility by September of each yeaz. Fot
the purposes of this Agreement,the rate:provided will exclude any adjustrnent for rebuilding
the division's fund balance reserve. For2007,the rate is$12.65 or the actual rate provided
by the Facilities Management Division,wfiichever is less. The rate each year thereafter is the
lesser:amount between the actual rate provided by the Facilities Management Division and
the capped rate determined by multiplying the 2007 rate by tkie multiplier for the
corresponding year shown in the following table.
2008 2009 2010 2011 2012 2013 2014 2015 2016
Inflation 3°h 3% 3% 3% 3% 3% 3% 3% 3%
Multiplier 1.030 1.061 1.093 1.126 1.159 1.194 1.230 1.267 1.305
3. 'The Lease rate is based on the CounTy's azmual amortized lease cost for the Issaquah facility
reduced for 1fie amortized amount of the rasidual value of the facility and land. Attachment i .
to tfiis Exhibit shows the methodology for this calculation including the final negotiated lease
ratc(Option C)., The final negotiated lease rate,which is skiown below, is calculated based
on;a 3%acu ual escalation factor and includesmajor maintenance.
Q 7 2008 2 09 2010 2071
17.00 17.51 18.04 18.58 519.73
2012 2013 2014 2015 2 6
19:71 20.30 20.91 21.54 22.78
4. Beginning in July 2014 and ending no later than Mazch 31, 2015,the Cities and the Counry
shall determine a methodology for an annual facility charge for existing facilities referenced
in this e ibit for 2017 and subsequent years. For 2017;2018, and2019,this methodology
shall be consistent with the lease methodology im Attaohment 1 to this Exhibit. For 2020 and
thereafter,this methodology shall take into account a reasonable fair market value for
e sting court facilities.
RES.A Page 216 of 391
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RES.A Page 217 of 391
E IT D
ON TINIE COSTS FOR TECHNOLOGY IIVIPROVEMENT PROJECTS
This exhibit is attached to the Interlocal Agreement for the Provision of District Court
Services between the County and the City. The terms and conditions described in this
Eachibit are a further description of the obligations of the parties regazding the one-time
cosu for technology improvement projects.
1. The District Court shall present iu five-year technology plan and annual update to the
DCMRC begirming in 2007. The technology plan shall be consistent with the
Tecbnology Plan Template published by the King County Office of Information and
Resource Management. The technology plan shall describe the projected business
needs of the District Court,assess the ability of cumnt technology systems to meet
these needs,and outline overall technology strategies and potential projects to support
the projected business needs of the DistricYCouR. The District Court shall present
the business case for each proposed technology improvement project. T'he business
case s6a11 identify: (1)capital,operations and mainunance costs for each technology
improvement project, (2)the benefits to the court system and users,and(3)potenrial
impacts to cities associafed with implementing each technology improvement project.
1'he Ciries shall have an opportuniry to provide input on the five-yeaz technology plan
and business cases for proposed technology improvement projects. One-time costs
for technology i¢iprovement projects shall be idenrified separately from operating and
capital costs as part of reconciliation.
2. For 2007, 2008,and 2009 only,the amount of Cities' annual contribution to the
reserve(sinking fund) for funding the'v share ofthe one-time cosu for technology
improvement projecu shall be equivalent to the Cities' shaze of$100,000. Beginning
in 2010,the amount ofthe'v snnual contribution:shall be equivalent to the Ciaes'
share of$300,000.The Cities'share is defined as the multiplier calculated in
Attachment A of Exhibit A(percentage of salaries and benefits for contract cities).
3. . The Cities' contribution would be adjusted or waived in any year where[he reserve is
projected to exceed the equivalent of the Ciries'share of$900,000 increased by 2%
per year beginning in 2008. Annually,the net interest earnings attributable to the
lialance of fiinds in ttie Cities' reserve sliall acc ue to their reserve.
4. Funds from the reserve shall not be used until a business case for the technology
improvement project has been presented to the DCMRC and the technology
improvement project has been implemented. The amount of funds used for any one
project shall be based on the Cities' share. If the funds in the reserve are not
sufficient to cover the Cities' sliare of an implemented t hnology improvement
project,the contributions of Cifies to the reserve fund in subseguent yeazs may be
used to cover this shortfall.
5. If this Agreement is terminated,the City shap receive iu portion of the reserve
remaining on January 1"following the date oftermination.
RES.A Page 218 of 391
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4834
Date:
July 9, 2012
Department:
Finance
Attachments:
Resolution No. 4834 with lease
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4834.
Background Summary:
The City of Auburn has used a municipal court to carry out its law enforcement and
judicial responsibilities.
In connection with the ongoing and changing judicial responsibilities with which the City
is involved, the City Council has explored alternative approaches to address efficiencies.
After a thorough review of the alternatives and options available to the City and in light of
the proposal that the City of Auburn received from the King County District Court system,
it is advantageous for the City to enter into Lease Agreement with King County for district
court services to be provided in Auburn's court facilities.
This decision is subject to the impacts of collective bargaining.
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Peloza Staff:Coleman
Meeting Date:July 16, 2012 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 219 of 391
RESOLUTION NO. 4 8 3 4
A RESOLUTION OF THE CITY COUNGIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A
LEASE AGREEMENT .BETVIIEEN THE CITY OF
AUBURN AND KING COUNTY FOR DISTRICT
COURT SERVICES IN AUBURN'S COURT
FACILITIES
WHEREAS, the City•of Aubum fias utitized a municipal court created
putsuant to Chapter 3.50 of the Revised Gode of Vlfashington (RCN1 to carry
out its judicial responsibilities, either as directed by state law or through City
ordinance; and
WHEREAS, in connection with the ongoing and changing judicial
responsibilities with which the Cityi is involved, the City Council has explored
alfemafive approaches to address efficiencies; and
WHEREAS, after a thorough review of the altematives and options .
available to the City and in lighf of the proposal that the City of Aubum received
from the King County District Court system, it is advantageous for the City to
enter into an Interlocal Agreement with King County for district court services
and for those services to be provided in Auburn's court facilities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OFAUBURN, .
KING COUNTY, WASHINGTON; HEREBY RESOLVES as follows:
Section 7. The Mayor and the Aubum City Clerk are fiereby
authorized to execute a Lease Agreement between the Ciry of Aubum and King
Resolution No.4834
July 2, 2012
Page 1 of 2RES.B Page 220 of 391
County for district court senricea to be provided in Aubum's court facilities,
which lease shall be in substaMial conformity with the Lease Agreement
attached hereto as Exhibit "A°and incorporated herein by this reference.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
Dated and Signed this day of 2012.
CITY OF AUBURN
PETER B. LEWIS, MAYOR
ATTEST:
Danielle E. Daskam, City Cle lc
APPROVED TO FORM:
Daniel.B: Heid,-City Atto y
Resolution No.4834
July 2,2012
Page 2 of 2RES.B Page 221 of 391
OFFICE SPACE LEASE AGREEMENT
Lease agreement by and between:
LESSOR City of Aubum
25 West Main Street,
Auburn, WA 98001,hereinafter"LESSOR",and
LESSEE:King County
Real Estate Services
ADM-ES-0830
500 Fourth Avenue, Room 830
Seattle, WA 981042337
and
King County
District Court
516 Third Ave. S., Room W 1034
Seattle, WA. 98104;hereina8er"LESSEE."
Collectively, the LESSOR and the LESSEE are referred to as the"Parties."
IN AND FOR CONSIDERATION of the mutual benefits to each party, subject to
the terms and conditions below, LESSOR leases to LESSEE,and LESSEE leases from
LESSOR,a portion of the pcemises located at 340 East Main St,Auburn, Washington.
The lease premises is approximately 12,400 square feet of space indicated on the Floor
Plan in Exhibit"A",located at 340 E Main St,Aubyrn Washington(hereafter,the
Premises"). Said Lease agreement(hereafter,the "Lease")is subject to the tcrms,
covenants,and conditions stated herein and the LESSEE covenants as a material part of
the consideration to tlris Lease to keep and perform each and all of saiti terms, covenants,
and conditions by it to be kept and performed and that this L,ease is made upon the
condition of said performance.
TERMS AND CONDITIONS
I. Term. The term of this Lease shall commence on the latest date of execution
of this Lease by the Parties, and end'on December 31,20I6, with the option of a 5-year
extension from January 1, 2017 through December 31,2021 subject to prior written
no6ce from LESSEE to LESSOR confirming LESSEE'S exercise of said opfion.
2. Rent. As consideration for tlus Lease in lieu of payment of rent the LESSEE
covenants and agrees to operate a District Court pursuant to the terms and conditions
oatlined between the Parties as proviiled in Auburn Municipal Resolution
attaclied hereto as Exlubit_and incorporated herein by tlus reference
3. Utilities. LESSOR shall fiunish all utilities including trash disposal to the
20120507 Aubum-King County Dist Court Lease 7-12(clean)
RES.B Page 222 of 391
Premises,at LESSOR'S expense,during the term of this Lease.
4. Maintenance. LESSOR shall maintain the Premises in reasonable condition
during the term of this I.ease, at LESSOR'S expense, including maintenance,repair and .
replacement of the structtu e, operating systems,'furniture, fixtures and equipment and
provision of janitorial service to the Premises:
4. Posseasion/Use. LESSEE shall use the Premises only for the direct purpose of
operating the Kiag County Dislrict Court(hereafter,the"Permitted Use"). LESSEE shall
comply with all federal, state,and local laws,tules,ordinances, and codes affecting their
use of tfie Premises.
5. Assisnment aad Snblease. LESSEE shall not assign this Lease or sublet the
Premises without LESSOR's written consent. .
6. Remodeling and Alteratioas. The LESSEE may not remodel or refurbish
the Premises in any way without receiving the written consent of the LESSOR. The
LESSEE may install_such cabinets;shelves,coimters,desks, screening equipment,etc. as
may be reasonably necessary for the Permitted Use. The installation shall be done in a :
manner that t++;nimi es any damage to the Pretnises. Upon termination of tlus I.ease,
LESSEE shall remove all cabinets;shelves; counters, and desks from the Premises,arid
shall promptly repair any nail or screw holes or other damage to the Premisesresulting
from the installation and removal of the same. All such repairs shall be of first-class
workmanslrip in the reasonable opinion of LESSOR
7. Condition of Premises. LESSEE lias inspected the Premises and any
equipment, appliances, and Sxtures wlrich are included as part of the Premises,aad
accept them in"as is" condition. LESSEE aclmowledges that.LESSOR has made no
representation or warranty concerning the condition of the Premises,or any appliances or
fixriues. LESSEE has the right to use all eqaipment,appliance fumiture and fixtures
wlucfi are included as part of the Premises provided that such use shall conform to
commercially reasonable use ,normal wear and tear excepted. LESSOR shall be
responsible for maintaining the sidewalk and doorway in front of the Premises,keeping it
clear of debris,snow and ice.
S: Renairs. By occupying the Premises, LESSEE shall be deemed to have
accepted the Premises as being in good, sanitary order, condidon and repair. LESSEE.
shall be responsible for maintenance and repair. of LESSEE'S personal propeity ai
LESSEE'S expense. LESSEE shall upon the,expiration or sooaer termination of tlris
Lease fiereof surrender the Premises w the LESSOR in good condition, ordinary wear
and tear and damage from causes beyond the reasonabie control of LESSEE excepted.
LESSEE may reasonably make repairs at LESSOR's expense with LESSOR's prior
written approyal which expense LESSORsfiall reimbiirse to LESSEE.
Notwithstanding the provisions of tlus paragraph 8, LESSOR'S obligadon to
repair and maintain the structural portions of the building in which the Premises aze
20120507 Auburn-King County Dist Court Lease 7-12(clean)
RES.B Page 223 of 391
located shall include the plumbing, HVAC and electrical systems, except repairs that are
caused by any act or omission of any duty by the LESSEE, its agents, servants,
employees or invitees, in which case LESSEE shall pay to LESSOR the reasonable cost
ofsuch maintenance and repairs.
9: Indemnitv and Hold FIarmless. LESSEE agrees to indemnify and hold LESSOR
harmless as provided herein to the maximum extent possible under law. Accordingly,
LESSEE agrees for itself, its successors, anii assi s, to defend, indemnify, and hold
hazmless LESSOR, its appointed and elected officials, volunteers and employees from .
and against liability for all claims, demands, suits, causes of action and judgments,
including costs of defense thereof for injury to.persons, death, or properiy damage which
is caused by, arises out of, or is incidental to LESSEE'S exercise of rights and privileges
granted by this Lease,except to the extent of LESSORS sole negligence.
LESSOR agrees to indemnify and hold LESSEE harmless as provided herein to
the maximum exteat possible under law. Accordingly, LESSOR agrees for itself, its
successors,and assigns, to defend, indemnify, and hold harmless LESSEE, its appointed
a a o s, volunteers and employees from and against liability for all claims,
demands, suits, causes of action and judgments, including costs of defense thereof for
injury to persons, death, or property damage which is caused by, arises out of, or is
incidental to LESSOR'S exercise of rights and privileges granted by this Lease, except to
the extent ofLESSEE'S negligence.
Where such claims, detnands, suits,and judgments result from the concurrent
negligence ofthe Parties,the indemnity pmvisions provided herein shall be valid and
enforceable only to the extent of each Party's negligence. Each of the Parties agrees that
its obligations under this paragraph 9 extend to any claim,demand, cause of action and
judginent brought by, or on behalf o auy of its.employees or agents. For this purpose,
each of the Parties,by mutual negotiation,hereby waiyes,with respect to each of the
other Party's only, any immunity tUat would otherwise be available against such claims
under the industrial insurance provisions of Tide 51 RCW. In the event that any of the
Parties incurs any judgment,award, and/or cost arising therefrom,including attorney
fees;,expenses;and costs shall be recoverable&oal the responsible Parry to the extent of
tliat Pariy'snegligence.
10..Insurance. LESSEE shall at all times during the term of this lease maintain
insurance coverage insuring both themselves and the LESSOR against liability for
damage for;anyloss,injury, or death arising out of LESSEE'S use or lease of the
premises;appliances,or fixtures in an amount at least equal to $1,000,000.00 per
person/per occurrence. LESSEE shall provide LESSOR with a certificate evidencing
such coverage upon request. The insurance policies are to contain, or be endorsed to
contain,the following provisions for Commercial General LiabiliTy insurance:
A. The LESSEE'S insurance coverage shall be primary insurance as respect the
LESSOR. Any Insurance, self-insurance, or insbiance pool coverage maintained by the
LESSOR shall be excess of the LESSEE'S:insurance and shall not contribute with it.
20120507 Auburn-King County Dist Court Lease 7-12 (clean)
RES.B Page 224 of 391
B. The LESSEE'S insurance shall be endorsed to state that coverage.shall not be
cancelled by either party, except after thirty(30)days prior written notice by certified
mail,return receipt requested,has been given to the LESSOR.
C. In lieu of the insurance requirements set forth in paragraph 10, LESSEE may
self-insure against liability risks and shall promptly notify LESSOR should LESSBE
cease its self-insurance and shall promptly comply with the policy and coverage
requirements herein. As a self-insured government entity LESSEE lacks the ability to
name LESSOR as an additional insured or h eat LESSOR as such.
11, No Limitation. LESSEE'S maintenance of insurance as required by the
agreembnt shall not be construed to limit the liabiliry of the LESSEE to the coverage
provided by such insurance,or otherwise limit the LESSOR'S recourse to any remedy
available at(aw or in equity. Should LESSEE cease self-insurance, LESSEE shall
furaish LESSOR with original certificates and a copy of the amendatory endorsements,
including but not necessarily limited to the additional insured endorsement, evidencing
the insurarice requirements of the LESSEE.
12. Waiver of Subroeation. LE$SEE and LESSOR hereby release and
discharge each other from a11 claims,losses and liabilities arising from or caused by any
hazard covered by property insurance,on or in connection with the Premises or the
building in whicti the Premises are located. This waiver of subrogation sliall apply only
to the extent tbat such claim, loss or liability is covered by insurance.
13. Damase or Destruction of Premises. In the event the Premises are
substantially daznaged or totally desiroyed by a casualty, either LESSOR or LESSEE
shall have the option to immedialely rPrn,inAte this Lease. LESSOR and LESSEE may
by written ageement, agree to LESSOR'S repair of the Premises or provide an alternative
location for LESSEB to continue operations.
14. Miscellaneous.
A. Due to the sensitive and confidential nature of the Permitted Use; LESSEE
shall have exclusive control of t}ie Premises. LESSOR may enter.the Premises for "
emergency,purposes without prior consent of LESSEE,provided,LESSOR shall notify -
LESSEE of such entry and the purpose for the entry as sooa asseasonably possible
theteafter. LESSOR sha1T be entifled to enter the Premises in non-emergency sitoations
with LESSEE'S advance consent and following reasonable advance notice only as
follows: '(a) at reasonable times to inspect the Prexnises; (b)to maintain and repair the
Premises; (c) for the purpose of mairitenance and repair;erect scaffolding and other
necessary,structures when reasonably;required bythe character of tfie work performed,
provided that(i)the entrance to the Premises shall not be blocked thereby, and(ri)the
court activities of LESSEE shall not be interfered with unreasonably: This section shall
not limit LESSOR'S entry into the portion of the Premises open to the public during the
times it is open to the public for the purpose of participating in the court services to be
piovided by LESSEE. Moreover,tlus pcovision does aot apply to LESSOR'S
20120507 Auburn-King County Dist Court Lease.7-12 (clean)
RES.B Page 225 of 391
prosecution,and custodial staff who may continue to have access to the Premises during
times it is open to the public in the manner they have traditionally enjoyed. The right of
the LESSOR to enter for inspection purposes shall not be construed as a to inspect.
B. This Lease shall be binding upon and tun to the benefif of the heirs,personal
representatives,and assigns of each party,provided,LESSEE shall not sublet the
Premises or assign this Lease without LESSOR's written consent.
C. If either pariy brings a suif against the other to enforce any rights or
obligations contained in this Lease,the losing pazty shall pay the prevailing party's
reasonable attorney's fees and costs:
D. This Lease may be amended by written agreement of the parties. .
E. Ttris Lease requires the approval by ordinance of the King County Council in
order to remain in effect beyond December 31, 2012: Eittier LESSOR or LESSEB may
terminate this Lpase for convenience by notifying the other party at least thirty(30)days
ptior to termination. Should either party temiinate this Lease for convenience,all .
monetary obligations aiising from the Lease shall also terminate. All obligations arising
from this Lease or termination thereof,whether monetary or nonmonetary, shall
trimina+e no later than the last day of the calendar yeaz in which such termination for
convenience is effective.
E.. LESSEE may place,with the permission of the LESSOR, signs designating the
building'as a courthouse. Such,signs will be solelyat LES,SEE'S expense and may be.
placed,on.or azound the building in which the Premises aze located and at the entrance to
the Premises. LESSEE shali secure any necessary permits prior to installation of si s
andshalY:be responsible for maintenance of said new signs.
G. Except as may be hgreafter amended,this Lease contains all the written
agreements;and understandings of the parties respecting the matters contained herein.
D.ATED
LESSEE:LESSOR:
CITY OF AUBURN KING COUNTY
By:By:
Peter B.Lewis,Mayor
Attest:
Danielle Daskam, City Clerk
20120507 Anburn-King County Dist Court Lease 7-12(clean)
RES.B Page 226 of 391
Approved as to Form: Appmved as to Form:
City Attomey King County Senior Deputy. Prosecuting. .
Attomey
Recommended for Appmval
King County District Court
20120507 Auburn-King County Dist Court Lease 7-12 (clean)
RES.B Page 227 of 391
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RES.B Page 228 of 391
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4835
Date:
July 10, 2012
Department:
Planning and Development
Attachments:
Resolution No. 4835
Proposal
Attachment 2
Attachment 3
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4835.
Background Summary:
The Auburn City Council has identified the construction of a 20,100 square foot
community center at the Les Gove Community Campus as a priority capital project that
will benefit the public health, safety and welfare through the provision of educational,
cultural and social activities and large non-programmed community meeting spaces. The
City of Auburn has worked with a team of professionals to complete the design process,
prepare construction bid level drawings and obtain all necessary permits for the
Community Center. The City has secured funding for a portion of the total cost of the
Community Center, but a funding gap remains. The City has determined the need to
identify and explore alternative means of funding to address this funding gap including
one or more or combination thereof of 63-20 tax exempt bonds, New Market Tax Credits,
city funds, non-profit institutional grants and other local, state, regional or federal funds.
City staff conducted substantive research and analysis and identified that the services of
a qualified non-profit facilitator should be sought to assist the City in the development
and operation of the community center through single asset/bankruptcy remote 501(c)(3)
entity creation and implementation, project financing structuring, coordination and
compliance, real estate development oversight and management and asset
management and operation. A possible deal structure with the selected Non-Profit
Facilitator could consist of the following key actions: non-profit facilitator selected by the
City; Non-profit facilitator creates a single-purpose nonprofit corporation; single-purpose
non-profit corporation contracts with a developer for design consultation services and
construction of the facility; city leases facility from single-purpose non-profit corporation;
single-purpose non-profit corporation contracts for facility operations and maintenance
during the lease period; and, facility is turned over to the City at no cost at the end of the
AUBURN * MORE THAN YOU IMAGINEDRES.C Page 229 of 391
lease.
City staff, after consultation with the Les Gove Community Campus Committee, issued a
Request for Proposals for non-profit facilitator services with a submittal deadline date of
June 22, 2012 and advertised in the May 25, 2012 and June 1, 2012 editions of the
Seattle Times and the Daily Journal of Commerce, respectively, as well as publication of
the Request and relevant associated information on the City's web site. The City
received one (1) response to the Request for Proposals from the National Development
Council, a national non-profit community and economic development organization
founded in 1969 whose stated key purpose is to increase the flow of capital to
underserved urban and rural areas across the United States. City staff reviewed the
response from the National Development Council and found it to be in substantial
conformance with the requirements of the Request for Proposal.
The Les Gove Community Campus Committee on unanimous motion action
recommended approval of Resolution No. 4835 to the full City Council at its July 11,
2012 regular meeting.
Reviewed by Council Committees:
Public Works, Les Gove Community Campus Other: Legal; Parks, Arts and Recreation;
Mayor's Office
Councilmember:Wagner Staff:Snyder
Meeting Date:July 16, 2012 Item Number:RES.C
AUBURN * MORE THAN YOU IMAGINEDRES.C Page 230 of 391
RES.C Page 231 of 391
RES.C Page 232 of 391
RES.C Page 233 of 391
RES.C Page 234 of 391
EXHI ff ,
II NpT10NAL DEVELOPMENT COUNCIL
Partners In Community Oavelopment Since 1968
June 21,2012
Mr. Kevin Snyder
AICP,Planning&Development Director;City of Aubum
Au6um City Hall
281Nesf Main Street
Aubum,lNA 98001
Dear Mr. 5nyder,
The National Development Council is pleased to respond to the City of Aubum's Request fnr
Qualfffcatlons and Proposals to proyide non-profit fahilitation:services for the Aubum Community
Genter project.The National Development Councilis a national 501(c)(3),non-profit corporaUon.
Greated in 1969, NDC has provided a wide range of advisory services to goqemment agenciesandotfiernon-profds.Over tlie past 15:years,we have ffnanced and conshuucted;over$2 bilifon
in pu6lic facllities.
We recognize that Aubum is a growtng,vibraM community and we would be pleased to asstst In
the structurlrig,canstruction,and operation of the Auburn Community Center. If you have
questlons or require fuRher detali, please don't hesitate to confact me at 206)-448-5244. i
Sinae i
Jo" lin Finke
V'ce Presidertt
i
j
I
s6nrr o ce
SZ38 Thfrd Avemie
Sulte 1403
geaple,WA 9810].
TEl(206I 448b244
FA7((208)44fr57A6
New Ymk Ofllro
706 fiW Avenue;SuRe 710
Nmv York.NY 10017
TEL(21 882•17.06
FAX(212)5738118
RES.C Page 235 of 391
I
I
REQUEST FOR oP * - *`". CityofAubum
x;riy I T Ciry Clerk's Office
PROPOSALS i',•i` Au6umCityHall
WASHINGION FjfSt FI00
25 WesfMain Street
Aubum,WA 88007 i253-931-8039-
i
DATES ADVERTISED: May 25, 2012 and June 1,2012 I
I
RFP NO./Tltl@: Non-Profft Facilitator.forthe Aubum.Community Cerrter I
f
R@qUBSti lg DBpt./ DIV:7 Cfty of AuburnPlanning&Development Deparfinent
RFP Numb@I: CommunityCenter-2072-01
DU@ DBtP,/TlfTle: Friday,June 22,2D72,4:30 PM
Responsible Staff Person: vtn;8nyder,AICP, Planning&Development Director
iryder(auburnwagov
Sealed Proposal Submiftals are hereby solicited and will ONLY be
recelyed by
There will be no Pre-
Submittal Conference for city ot nuburn
c ey ci.k s oreoethisRFPubumCeyHan
FIFst Floor
25 Wes!Main Street
Auburn,WA 88001
Office Hours,-8:00 a,m.=5;00 p:m.
Monday-Friday(excluding regulady obsenied'hotidays)
I
SUBMITTERS MUST COMPLETE AND SIGN THE FORM BELOW (TYPE OR PRINT)
Campany Name
Nationai Development Council
Address CitylState2p Code
1218 3nd Ave, S"' 1403 L Seattle,WA 98101
gn u 'Authorized RepreseMatiye/Tfde
Jofin Finke,Vice President
maii Phone F
JBnke(netionaldevalopmeMcouncfl.org 206-448-5244
V
2A6-44&524B
RES.C Page 236 of 391
RFP No. CommunftyCenter-2012-01
Page 2
This Request forProposals wAI de provided in aiternative formats such as Braille, large print,audfo cassette or
computer diskfor individuals with disabilities upon request
If yau received or downloaded this document in .pdf format,a MS Word copy may be obtalned by cantacting
the staff person listed above.This MS Word document will be transmitted by e-mail. Sealed proposal submR-
tais are hereby sollcited and will be received only at the office of the City Clerk for the City of Auburn,Aubum City Hall, First Floor, 25 West Main Street,Aubum,WA 98001 and are due no later 4han 4:30 p.m.on Friday,June 22,2012 regaiding a qualifted Non-Prollt Entity for the Aubum Community Cenfet to assis(in single as-set/bankrup.tcy remote 501(c)(3) eniity creafion and Implementation, proJect financing shuctudng,coordinaUonandcompliance,rea/estate developmenf oversight and management and asse!management and operafion.
These serVices:shall 6e provided to the City of Auburn in accordance with the following and the ettached:in-
structlons, requfrements,and specifications.
Submittal:The City of Auburn requires the Submitter to sign and return thls entire Request for Proposa!
RFP)documenL The Submitter shall provide one unbound odglnal and three (3)coptes of the submittal re-sponse,daha or attachments offered, for Iour(4)Items total. The original in both ceses shail be noted armed"Original".The City of Aubum shall only accept Proposals submitted in wrfting to the City Clerk. Pro-
posals submilted via i
bestl ns; Interested submitters will be requlred to submit any questlons in w iting prior to 5:00 p.m. on
Wednesday,JuneB; 2012 tn order for steff to prepare any response required to be answered by Addendum.The Giiy of Aubum af its sole discreUon may elect to respond ornot respond to any submitted 4uestlons: If theCitydeterminestorespondtoaquestlon(s), its answer(s)will be sent to all parties that have prevlously don-
4acted the Cityas well as the odginal party asking the question.
Quesfions are best received and most qutckly responded to when sent via e-mail directiy to the following: Kev-
in Snyder,AICP,Planning and Development Director, ksnyder@aubumwa.gov.
pisclalmer:The information in this RFP has been prepared with care, but mistakes are elways a possibipty.
Therefore, each potential responderit is responsibte to perform Its own review and due dlligence of fh"e facts
and assumptions that are identified in thls RFP.
SECTiON I—GENERAL INFORMATION
A. The City of Aubum is an Equal Opportunity Emptoyer and does not discriminate against individuals or flrms
because of ihelr race, colw, creed, marital status, relfgion,age,sex, national origin; sexuaf orientafion, or i
the presence of any mental, phystcal or sensory handicap in an ofherwise qualifled handicapped person. f
B. All submitted qualiflcations and evaluation materlais becomepublic information and may be rediewed by
appointment tiy anyone requesting to do so af the condusion of the evaluation, negotiation, and awardprocess. This process is concluded when a signed contract ts completed beiween the City of Aubum and
the selected Applfcant following authorization by the Auburn City Coundl. Please note thaf If an Interested ipartyrequesboopiesofsubmitteddocumentsorevaluationmatedals,a standard City of Aubum copying
charge per page musf be received prior to processing the copies.
C. No other distdbutfon of proposals wiil be made by the AppHcants prlor to any public disdasure regarding
the RFP;the submittal or any subsequent awards without written approval by the Cfty of Aubum:For this
RFP ait qualiftcation submittals received by the City of Aubum shali remaln velid for ona hundred:and
elghty(180)days from the date of subm(ttal:All submittals received in response to this RFP will be re-
tained.
0. Submittals shall be prepared simply and economtcally, provtd(ng a straightforward and concise but com-
piete and detailed description of the AppiicenYs abifities to meef the requirements of this RFP. Fancy bind-
tngs,colored displays and promotional materials are not desired. Emphasis shall be on completeness of
conterit.Applicants are encouraged to use parlial or completely recycled materials in the preparation of the
RFP.
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RFP No. CommunityCenter-2012-01 i
Page 3
E. The City of Aubum reserves fhe right to reject any proposalsubmittals deemed not responsive to its
needs.
F. In ihe event it becomes necessary to revise any part of this RFP,addenda shail be created and made
available by the City of Aubum City Clerk.Addenda wlll be conveyed to those potential submitters provid- j
ing an accurate e-mall address. If desired, a hard copy of any addenda may be provtded upon request. . i
G. The City of Auburn is not Ilabie for any cost incurred by the Applicant prior to issuing the contract.
H. A contract may be negotfated wfth the Applioant whose quai catlons would be most advantageous to the
Ctry of Auburn in the opinion oi the Ciry of Aubum, all factors considered.The City of Aubum reserves the I
right to reject any or all proposal subm(ttals.
I. If a selection is made as a result of this RFP, it wiil be based on the highest ranked Applicant. This RFP is
primarlly desfgned to IdenNfy the most qualified proposal.
J. The cbntenls of fhs proposal submittal of the selected Applicant shall become cflntractual obligetfons if a
contract ensues. Failure of the Applicant to accept these obligations may result in cancetlaUon of fheir se-
lecdon. i
K. A contract behveen the Applicarrt and the Cfty of Aubum shall include all documents mutually entered into
spedflcally includfng the contract instrument, the original RFP as issued by the City of Aubum, any Adden-
da and the response to the RFP.The contraotmust include,and be consistent with;the speciflcatlons and
provisions stated In the RFP. i
L. News releases pertaining to this RFP,the services, or the proJect to which it relates, shall not be made
without prtor approval by, and then nnly in coordinaUon with,the Ciry of Aubum.
M. Tfie City of Aubum wfll not accept any proposal submitted after the time and date spedfied on the.Request
for Proposal.There shall be na e cceptions to 4his requiremeni.
N. Cily of Aubum steff ere prohlbited from speaking direcUy wifh poteritial Appltcants about the project during i
the soiiatafron.Questions may be sutimitted to the C(ty electronicatly qrior to the submfttel deadline date.
The City of:Auburn at its sole discretion may elect to respond ornot respond to any submitted quesHons. If
fhe City determines to respond to a quesfion (s), its answer(s)will 6e sent to all parties that have prevfous-
ly contacted the Gty as well as the original party asking the questlon.
Please direct atl questions fo:
Kevin Snyder,AICP, Planning and Development Director
ksnyder@aubumwa.gw
NOTE: Documents and ather information are aveitable in altemate formata for individuals wlth disabflities
upon advance request by oalling(he Auburn Gty Clerk's Office at 253-931-3039.
Terms and Conditbns.The Ciry of Aubum reserves ihe right to reJect any and all Proposals and to waive
irregularities and Informailties in ihe submittal and evaluaGon process. This solicitation for Seryices does
not obligats 4he City ofAubum to pay any costs incurred by respondents in the preparation and submission
of a Proposal. This solic(faHon does not obiigate the City of Aubum to accept or corrtraot for any .
eupressed or implied services.Furthermore,the CHy of Aubum reserves the right to amiard ttie contrect to
the next most qualffied Facilitator if the selected Faciiitator does not executea contract wlfhln thirly(30)
Idaysaftertheawardoftheproposal.
Etectronic Gommerce and Conesnondence. The City of Auburn Is committed to reductng costs and fecili-
tating quicker communicafion to the community by using electronfc means to conVey information.As such,
thls Request for Proposal as well as related,exhibits, appendices, and issued addenda can be found on the
Ciry of Auburn Irrtamet Web Site, Ioca4ed at i
http://www.auburnwa.govibusiness/cbntracling_consulting.asp.This inforrnation is posted at the Web 5ite
as a convenlence to the public;and is not intended to replace the City of Aubum process of formally re-
i
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RFP No. CommunityCenter-2012-01
Page 4
quesUng bid documents and providing the Cily with contact informaHon for the potentlal Applicant. EachApplicantbearstheresponsibllitytoconfirmthecompletenessandaccuracyofalldocumentspertalning to
a given salicitaGon, fnduding the receipt of all issued addenda.
After submittals have baen opened In public,the City will post a listing of all of ihe paRies submitting pro-
posals at the City of Auburn Intemet site. Please refer to
http:/lwww.auburnwa.gov/business/contracting_consufting.asp for a Iisting, as well as a notiflcation of a fi-
nal determination.
Unless otherwise requested, letters and other transmittals pertaining to this RFP will be issued to the e=
mail address noted in our files, and after submittal, noted on the first page of this document. If other per- .
sonnel should be contacted via e-mail in the evaluattan of fhis submittal,or to be notifled of evaluation re-
sults, please complete the information in ihe tabla below.
Contact Name Title Phone E-matl address
O. Washington State;Pubtic Disclosure Act (RCW 42.17)requires pubiic agenaes in Washington to pPomptty
make public records avaflable for inspection and copying unless they fall wifhin the speafied exemptions
contained in the Act,or Is otherwise privileged. I
P. QualtflcaUons submitted under this RFP shall be considered public documenb and with Iimited exceptions
qualification su6mtttals that are recommended for contrad award will be available for Inspectlon and copy-
ing by the publia The City of Aubum may request an electronic copy of your submittal response.af a_latertimefqrthispuryose. This copy may be requested in.MS Word format, and delivered eitfier by e-mail or di-
recdy delivered on CD.
Ifan Appiican4 considers any portion of his/her submlHal to be protected under the law, the Applicant shaA
Gearly ider tify on 4he page(s)affected such words as"CONFIDENTIAL,"PROPRIETARY°or"BUSINESS
SECRET."The Applicantshall also use the descriptions above in the following table to identify the effected
page number(s)and Iocallon(s)of any material to be considered as conftdentfal (attach actditlonal sheets
as necessary). If a request is made fordisGosure of such portion,the Ctty will determine whether fhe ma-terial should be made available under the law. If the material is not exempt trom publlc disclosure law, fhe
Ciry will notify the Applicant of the request and allow the ApplicaM ten(10)days do take whateVer 8ction ft
deems necessary to protect tts interests. If the Submitter fails or neglects to take auchaction within said
period,the Cfty will release the portion of the submfttal deemed subject to disciosure. By submltting quallfl-
cations,the Applicant assents to the procedure outlined In this paragraph and shall have no claim against
the City on account of actions taken under such procedure.
Type of exemptlon Beginning Page/Location Ending Page/Location
RES.C Page 239 of 391
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RFP No. CommunityCenter-2012-01 1
Page 5
U. Applicants are urged to use recycled/recydable prnducts and boih sides of paper for pdnted and photocop-
fed matedals,whenever practicable, in preparing responses to this RFP.
V. During the soliatation process,the Ciry of Auburn strongly discourages the lransmittal of Gompanyinfor-
matlon, brochures, and other promotional materials, other than address,contact and e-mail informatlon,
prior to the due da#e ofproposals.Any pre-packaged material received by a poten#ial apPiicant prior to the
receipt of qualificatfons shatl not be reviewed by Ehe City.
W. Bid Identiflcation Label: Please see the Bid Identiflcation Labef on the last page of this document i
SECTION II— PROJECT SPECIFICATIONS AND SCOPE OF WORK
A. Introductton
The City of Auburn, via this Request for Proposals, is seekfng a qualified non-profit enfity(°Non-Proflf')to
assist the City in the development of the Auburn Community Center.This development shall occur through
the establishment of a single asset and banlvuptcy remote 501(c)(3)entfty,financfal structuring and i
implementation inclusive of the potenUal use of New Market Tax Credits(NM'f6)63-20 tax exempt bonds,
City/state%federal funds or srome combiriation thereof, real estate developrrient and asset managemerit and
operatfon of the Auburn Community Center at Les Gove Cominunity Campus.
The Aubum Community Center willbe a 20,100 sguare foot communily center bu0ding located at the Les
Gove Community Campus ttfat will 6e used for educaEional, cultural and sociel activities and large non-
programmed community meeting spaces. The joint:use facility will feature a spacfous and welcoming lob-
by and a larga community gathering space for up to 350 people as well as dlvidabte space for recreatlonal
activifies, programs and classes.The Center also Includes meeting space/olassrooms, oHice, lobby; kffch-
en, restrooms and storage:The Gity is irrterested in pursuing Leadership in Energy and Environmenta(De-
sign (LEED}designation for lhe Center.
The Community Center is intended to serve the entire Auburn community and will be open year-round. It
will be used for various health,fitness and weliness pragrams; multi-generafional and multi-c itural events;
speael events;evening famly programs;art,crait and music; community education and specialty classes;
expanded youth andpre-school programs;meeUngs and corporate.eVents; and wadding receptions.
At nearly 21 acres, Les Gove Communily Campus is a recreatlonal end educational campus serving the
entlre comrriuolty. The cluster of a,menities in the Campus includes a Kfng Couniy Library bran`ch, Parks
and Recreation i4dminlstration Building,a.newly constructed Activiry Center gymnasium (completed 2011),
a Senfor Actidity Center, and the White.River Valley Museum.The Campus afso includes the popular
Rotary Spray FarK, Discovery Park,a barrierfree,playground(completed 2010),a play sd'ucture, publfc
art, bocce couris, horseshoe pits and two softball flelds.A half-mile paved traii endreles an attraative
bermed and treed area.The Les GoVe nelghborhood is an area wifh a dtvetslty ofiand uses and a diversi-
ty of people. The area adjacent to the Communiry Center includes single-famlly and mulli-familyneighbor-
hoods and commeraai rstail uses.
The City of Aubum.has worked with a team of professionals to complete the de'sign prodess, prepare
cor truction bid level drewings and o.btain ail necessary permits for the Community Center.The selected
Applicant wiil be ezpectedYo work with the completed design for the Community CeMer, 6ut w111 be
provided the opportunity to suggest refinements, as may be appropdate.
The City fias secured funding for a portion of the total cost of the Community Center, however, the
selected ApplicaM will be expected to develop and implement a comprehensiVe and diverse funding
package for the CeMer that could indude but is not I'united 63-20 tax exempt bonds, New Market Tax
Credits,city funds and other local,state, regional or federal funds.
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RFP No. CommunityCenter-2012-01
Page 6
Lease/Leaseback Authorized by RCW 35A2:
The Cfty can have a communiry center built for Clty use on a City owned site by means of alease=ieasebadc transaction under RCW 35.42.070-.090. This statute says that the leaseback to the 6ity"Shall
coniein terms as agreed upon between the parties," but sets forth four requfred provisfons: ia. No part of the cost of construction of the buildtng shali ever be or become an obiigation of the City;
b. The City shall have a prior rlght to occupy any or all of the building upon payment of rental as agreed
upon by the parties,which rental shall no6exceed prevailing rates for comparable space;
c. During the 41me ihat all of any portion of the building is no4 required for occupancy by the City,fhe
lessee of the land may rent the unneeded.portion to suitable tenants approved by fhe City;and,
d. Upon the expiration of the iease, ail buildngs and improvements on the land shail become the property
of the Ciry. j
In addltion to the foregoing,the lease-leaseback statute requires that lhe lease arrangemerit be made
pursuarit to a call for bids upon terms most advantageous to the(Cfty)."(RCW 35.42.080]:Because this
statutory language does not require that lhe lease arrangement be made with the lowest responsible
bidder, it expressly differs in this respect from the convenfional public bid process.
Anticiaated Deal Structure
The City of Auburn anticipates the following deal siructure will occur with the selected Non-Profit Facilita-
tor.
1. IVon-profit facflitatorselected by the City;
i
2. Non-profit facilitator creates a single-purpose nonprofit corporation;
3. Sfngle-purpose non-profit corporation contractswith a developer for design consultation services and
coristruction of the facility;
4. Gity leases faality from single-purpdse non-profit corporation;
5. Single-purpose non-proflt corporation contracts for facility operations and maintenance during the
leasepe iod; and,
6. Facility is turned over to the City at no cost at the end of the lease
B. Project Expectations:
This Project will be highly visible.The Cily of Auburn expects that the Project will behighlyfunctionai,
e cient,safe and secure;will incorporate quality systems and materials;wiil be energy etfldent wltFi low
operatfig and maintenance costs;will meet the designneeds of a modem community center;and will oifer
exceilerrt economic value.
C; Response to this RFP
This secHon provides information necessary to understand the selectlon process.
Each responding non-profit to this RFP shall sutimit one(1)unbound original Resporise(marked as such)
and three(3)copies. At the City's sole discretion,the Selectlon Committee reserves the right to request
additional informatian.
1. Submission Reauirements:
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RFP No.CommunityCenter-2092-01
P qe 7
The subn11t1ing Non-Profit shall provide detailed'written responses to thefollowing questfons and shail
be allowed to providegraphical,flnancial and other information that It deems necessary to
substantiveiy respond to the Organizational Information and Proposal subsecfwns of fhis RFP:
A. Organizational Information:
1. Who is the submitting Non-Profit? Identiry legal demarcation and history.
2. Who ere,persons, (s)working for the submitting Non-Profit that wili be involvedJn the project
and whet are:theirskills,quaiiflcations and experiences#hat make them approprfate to work on
the project?
3. What experiance doe.s the submitting Non-Profit have in working with government clients and
projects?
4. What evidence does the submil4ng Non-Profit have that is has a substantial operating history,
is financially sound Andwfll be able to commit to participation in the projec4 unHl such time that
the project is officialiy tumed over ta the City of Aubum.
b. What experience does the su6mitting Non-Profit have in construoUon negotiating, structuring,
closing and compliance for-public use buildings and siles?
6. What experience does thesutimitdng Non-Profit haye in creating and operaGng a single asset i
and bankruptcy remote 501(c)(3)entlty for the financing, real estate development and asset i
management and operation of the Auburn Community Center?
I7. What experience does the submitting Non-Profit have in selec#Ing and managing development
teams?
8. What direct expertence does the Non-Profit and its employees have in 63-20 transactions?
Attach appropriate resume and narrative descdption.
9. What experience does the submitting Non-Profit have in working virith multiple lines of project
financing of publtc use projects including the use and applicaHon of 63=20 tax exempt bonds,New Market Tax Credits,foundation g ants, c(ty funds and other local, state, regional or federal
funds?
10.What experience does the submitting Non-Profit have in successfully completing similar
proJects to the Aubum Community Center7
11.What experience does the subm(tting Non-Protit have in real estate development?
12.What resources,flnanclal, legal and ofhervvise, do the Non-Proflt ha4e available in expediting
the proposad transactian4
13. Has the tVon-Profit worked with the City of Aubum in the past9 Please identify.
14.Has the Non-Profit worked with other public entiHes in the past? Please fdentify. i
B. Proposal:
Provide a detailed wrltten narrative with any accompany information deamed appropriate by the
submltting Non-Proflt addressing the following:
1. The process the submitting Non-Profit will go through to establish a single asset and bankruptcy
remote 501(cx3)entity for the flnancing, real estate development and asset manageman(and
operaUon of the Aubum Communiiy Center.
2: The process the submftting Non-Profd will use for structuring and implamenting the financing of the
project.
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RFP No. CommunityCenter-2012-01
Page S
3. The process the submitting Non-Profit will use for sucpessfully leading the real estate development
efforts for the Aubum Community Center including but not,limited to the selecHon and management
of a developerand/or development team, construction design and reftnement,design permftting,
construction management and overeight; construction budget oversight, constructiorr scheduling
and timeline compliance, labor and wage laws compliance and codes complfance.
4. The process the submitGng Non-Profit will use for structuring and implementing asset mariagementandoperationsforthecomplatedAubumCommunityCenterduringitsfirstfullsevenyearsbfoperation.The response shall include detailed ir formation on the proposed methods for lease.terms structuring, debt servicing, operational cosfa structuring and asset management fees.
5. The process the submitNng Non-Profit will use to facilitate ihe no-cost tumover of lhe Aubum
Community Center facility to the City of Auburn at the end of the lease period.
6. Demonstration through a process matrix or flow chart of the overall project timeline inclusive of key
steps,decision-points and milestones for the establishment of a singie asset and bankruptcy i
remote 501(c)(3)entity,flnancial shuoturing tnclusiye of the use of New Market Tax Credits
I
NMTC), real estate development and asset management and operation (for the first full seven
i
years)of the Aubum Community Center at Les Gove Community Campus.
7. DemonsUation through a flow chart or simiiar medium of how altemative funding methods such as63-ZO tax exempt bonds, New Market Tax Credits (NMTC),foundation grants and ather state or
federal funds are structured and how they will be applied to the proJect together with any existin9
City funds. i
S. Demonstratfon through an organizailonal chart of the roles and responsibilities of key parties
including but not limited to the City of Auburn,the submifling Non-Proflt, the single assef and
bankruptcy remote 501(c)(3)entiiy,the developer and/or development team and any otfier relevant
paRies identifled by the submitting Non-Proflt.
2. Written Submittal Evaluafion
Each non-profiPs qualification package will be evaluated bya selectton committee("Non-Profit RFPSelectionCommittee").The Non-Profit RFP Selection,Gomm(ttee will select the highest ranked Re§ponse
based on the following evaluation criteria. The City of Aubum reserves the rightto reject any andlor all
Responses.
The SelecHon Committee, in evaluating submittals,wlll use the foilowing criteria:
Qualiflcations and Experience............................ 40 points
Quality of Proposal..................................... 20 points
Financial and Legal Resources.......................... 3D poirrts
Succassful History with Other Public Entiiies..... 1 'nts
Total 700 points
3. Jnterview fif aoplicablel
If an award is not made based on the written evaluation alone, the City of Aubum may elect to conductintervfewswiththetoprankedsubmitters. lf Interviews are conducted,they will be worth.a maximum of
40 polnts. Final award would then be based on the total of the written e4aluatian and intervlew points.
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Page 9 i
4. Notification I
The CHy of Aubum shall provide notitication,via e-mail, to each submitter regarding the status of the I
solidtation. I
D. Submittal Preparation
This procuremerd wfil be In acxardance with the City of Aubum and other applicable federal,state and Iocai
laws, regulations and procedures.
E. Other Information
Ail facts and opinions stated within this RFP, and all supporting documents and data, are based on
information avatlable from a variety of sources.Additional information may be made available vfa written
addenda throughout the process. No representation or warranty is made with respect ihereto.
All submittals shall be submitted as set forth in this RFP. Subm(ttals that are not in accordance with the
procedures and speciffed requirements stated herein may be considered°non-responsfve"and will be
subject to reJection by the City.All costs incurred in the preparation of the submittal and In the submittal
process shall be bome by the proposing Appiicants. The City shall not reimburse Applicants for such
costs.
SECTION III-NONDISCRlM1NAT10N AND AFFIRMATIVE ACTION
I
The following sections include standard City of Aubum terms and conditions. Some or all of the irrfortnation
contalned in these sections may become part of the flnai contract document.
PART 1: NON-DISCRIMINATION I
A. Aubum Cfty Code Cfiapters 3.1 D (Purchasing Policy), 3.12 (Public Contracts), 3.14 (Public Contracts)and
3.18 (Reimbursable Labor Rates) are incorporated by reference as if fully set forth herein and such
requirements apply to ihis ConVact; ropvidedhowever, that rto specfflc levels of utffization of minorities and
women tn the workforce of the Applicant shall be requfred, and the Appficant is not required to grent any
preferential treatment on the basis of rece, sex, color, eihnicity or naUonal origin in its employmerd
practices; and qrovided further that, noiwithstanding the foregoing, any afflrma ve action requhements set .
foAh in any federai regulations, statutes or rules included or referenced in the contract documents shali
cor ttnue to apply.
B. During the performance of this Contract, neither the Applicard nor any parly subconhactlng under the
suthorlty of this Contract shall discriminate nor tolerate harassment on the basis of race, color, sex,
religlon, nationality, creed, marital status, sexual orientation, age, or the presenoe of any sensory, merrtal,
or physical disability in the employment or appllcation for employment or in the administration or delivery of
services or any other beneflts under thfs Contract.
C. The Applicant shall, prfar to the commencement of ihe work and during the term of this Contract, furnish
the Cfty of Aubum, upon request and on auch forms as may be provided by the Clty, a report of the I
affirtnative action taken by the Applicant in ImplemenUng the terms of this section.The Applicant will permit
access by the City to the Applicant's recorcls of employment, employment advertisements, apptication
forms, other peRlnent data and records related to this Contract for the purpose of monitoring and I
invesUgation to determine compliance with these requirements.
D. The Applicant shall implement and carry out the obligations contained in its Affidavit and Certiflcate of iCompifancsregardingequalemploymentopportunity. Failure to implement and carry out such obliga8ons
in good faith may be considered by the Cfry af Aubum as a material breach of this Contract and grounds i
for withholding payment and/or tertninatton of the Contract and dismissal of the Applicant.
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Page 10
E. The Appiicant shall comply fully with all applicable federal, state and local laws, ordinances, executive
orders and regulations that prohibit such discrlminaHon. These laws inciude, but are,not limtted ta, RCW
Chapter 49.60 and TiUes VI and VII of the C(vfi Rights Act of 1964.
F. Durfng the performance of this Contract, neither the Applicant nor any party subcontracting under the
authority of this Contract shall engage in unfair amployment practices. It is an unfair employment pracfioe
for any:
1. Employer or labor.organization to discriminate against any person with respect to referral, hiring,
tenure, promotion, tertns, conditions, wages or other privileges of employment;
2. Employment agency or labor organization to discriminate against any person with respect to
membership rights and priviteges, admission to or participation in any guidance program,
apprenticeshfp tralning program,or other occupational training program;
3. Empioyer, employment agency, or labor organfzation to print, circulate, or cause to be printed,
published or circulated, any statement, advertisement, or publication relating to employment or
membershlp, or to use any form of applicatfon therefor, which indicates any discriminaUon unless
based upon a bona ftde occupation qualiflcation;
4. Employment agency to discriminate agafnst any person wtth respect to any reference for employment
or assignment to a particular job classificaUon;
5. Employer, employment agency or a labor organization to retalfate against any person because this
person has opposed any prectice forbidden by KCC Chapter 12.18 or because that person has made a
charge, testified or assisted in any manner tn any investigation, proceeding or hearing Initiated under
the provisions.of KCC Chapter 12.18;
6. Publisher, iirm, corporation, organization or association priMing, publishing or clrculating arry
newspaper, magazine or other written publication to print or cause to be printed or circutated any
advertisement with knowledge that the same is in violation of KCC Chapter 12.18.030C., or to
segregate and separately designate advertisements as applying only to men and women unless such
discrim(nation is reasanably necessary to the normal operatlon of the particuler buslness, enterprise or
employment, unless based upon a bona fide occupational quallflcatfon; and/or
7. Employer to prohibN any person from speaking in a language other than English in the workplace
unless:
e. The employer can show that requiring that employees speak English at certain Hmes is Jusdfied by
business necessiry, and
b. The employer informs employees of the requirement and the consequences of violating the rvle.
PART 2: NONDISCRIMINATIOId IN SUBCONTRACTING PRACTICES
A. Comoliance with Initfative 200. In accordance with the provisions of Washington Initiative 200,no City
Minnflty and Women Business(NUWBE)utilization requirements shali apply to this Contrect. No minimum
level of M/WBE sub-contractor pariicipation or purchase from MlWBE cerlifled vendors is required and no
preference will be gtven by the C(ty to a bidder, proposer or submitter for their MlWBE utiiization or IM/WBE status. Provided, however,that any afffrmative actton requirements set forth in any federal
regulations or statutes included or referenced in the Contract documents will continue to apply.
B. Non-Discrimination. During the term of this Contract, the Appiicant shall not create barriers to open and
fafr opportunities to participate in City contracts or to obtain or compete for contracts and subcontracts as
sources of supplles, equipment, construdion and services. In considering offers from and doing business
wlth sub-contractors and.suppliers, the Applic nt shall not discriminate against any person on the basis of
race, color, creed, rellgion, sex, age, naUonality, marital status, sexual orfentation or the presence of any
mental or physical disability in an othervv(se qualified disabled person.
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During the performance of work performed.under any P qreement resulting from this RFP, neither theAppiicant.nor any party subcontracNng under ihe authority of the ag eement shail discriminate orengage
in unfair contracting practices•
C. Record-Kaenina ReauiremeMs. 'ihe Applicant shall maiMain, for at least 6 years;after completion of all
work under ihis contract, records and information nec ssary to document its level of uUlization of M/WBEs
and otPier businesses as sub-contractors and suppliers in this gontract and In its oVerall pu611c and private
business activities for fhe same period. The Applicarit shall also maintain, for at least 6 years aftercompletionofallworkunderfhiscontract, all written quotes, bids, estimates or proposals submitted to fhe
Applicant by all businesses seeking to paAicipate on this Contract. Appiicarrt shalf make such dooumentsavailabletotheCityforinspectionandcopyinguponrequest. IP thjs cantract involves federal funds,
Applicanf shall comply with all record keeping requirements set forth in any federai rules, regulations or
statutes inciuded orreferenced In the contract documents. I
D. Ooen Comoetitive O000rtunides. The City of Aubum encourages the utiti7ation of minority ownedbusinesses ("MBEs°)and taomen-owned b'usinesses ("WBEs") (collectively, "M/WBEs°) in Gity contracts.
The City encourages the following practices to promote open competiUve opportunities for small
businesses inclutling MIWBEs: I
1. Attending a pre-bid or pre-solicitation, conference, if scheduled .by the City, to provide proJed
iriformaUon and to infortn MNVBEs and other flrms of contracHng and subcontracting opportunitles.
2. Placing all qualified small businesses attempting to do business irr the City of Aubum, includingM/WBEs, on solicitation lists, and providing written notice of subcontracting opportunities to MNVBEsanclallotfiarsmallbusinessescapableofperforrningtheworkinciudingwifhout. Iimitallon a0
6ustnesses on any list provided by the City, in sufficien# time to allow suoh busine§ses 4o respond to
the wr(tten solicftetlons:
3. Breaktng down total re:quirements into smaller tasks or quanfities; where economically feaslbie, inordertopermitrtiaximumparticipationbysmallbusinessesincludingMNVBEs.
4. Establishing delivery schedules, where the requirements of fhis contrad permit, that encourqqes
participation by smaii busfnesses, including M/WBEs.
5. Providing small businesses inoluding NUWBEs that express interest with adeguate and timely
infortnation a6out plans, specifications, and requiremeirts of the contract.
6._ Utilizing the services of ayailable communily organfzations, consultant and contracfor groups, local
aSSfStanCe OfflCes, the Clty, and other organizaUons 4fia4 provide assistance in the recruftment and IplacercientofsmailbusinessesinciudtngMM/BES•
Furtfier,Uie City encourages small businesses, including MIWBEs,to participate in the followine P.
to promote open compefitive opportunities:
1. Attending a pre-bid or pre-solickation conference, if scheduled by the City, to receive project infonnation and to inform prime bidders/proposers of contracting and subcontracting oapabilitfes.
2. Requesting placement on solicitation Iists, and receipt of written nodce of suboontracting opportunlUes, i
3. Utflhcing the services of available communiiy organizatfons, consultant. and contractor g oups; locaiassisfanceoffices, the Gity, and other organizations that provide assistance in the recruftrrient and
piacement of small businesses and NUWBEs.
E. Sanctions focViolaUons. Arry vlolation of lhe mandatory requirements o! the provisions of this Section
shaii be a materiai 6reach of contract forwhich the Applicarrt may be subJect to damages and sanctions
provided for by contract end by appUcable law.
PART 3: REQUIREMENTS DURING WORi(
A. Site Visits
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The City of Aubum may at any Ume visit lhe site of the work and the ApplicanYs office to review reaordsrelatedtoactualutillzationofandpayme,nts to subcontracting flrms.The ApplicaM shall maintain sufficient
racords necessary to enable the City of Auburn to review uUlization af subcontracting flrms.The Applicant
shall provide every assistance requested by the City of Auburn during such vistts.
PART 4: COMPLIANCE WITH SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED
AND THE AMERICANS WITH DISABILITIES ACT OF 1890
The Appltcant shall complete a Disability Self-Evaluation Questionnaire for ail programs and services offered
by the Applicant (including any services not subject to this Contractj and shall evaluate Its services; programsandemploymentpraticesforcompliancewithSection504oftheRehabilitattonActof1973, as amended
504"), and the Americans with Disabflities Act of 1990 ("ADA"). The Applicant shall complete a 504JADA
Disablli.ly Assurance of Compliance prior to execution of a contract.
SECTION IV -GENERAL CONTRAC7 REC lUIREMENTS
PART 1:. TERMINATION CLAUSES
A. The Contract may be terminated by the Ciry without cause, in whole or in part, upon providing the
Applicant ten(10)calendar days'advance written notice of the termination.
if the Contract is terminated pursuant to this Sectlon IV, paragraph A: (1)the City will be liable only for
payment in accordance with lhe terms of this Coritract for services rendered p forto the effective date of
termination; and (2)the Applicant shall be released trom any obligaHon to provide further services pursuant
to the Coritract.
B. The City may terminate the Contract,in whole orin part, upon frve(5}calendar days' advance writtennoUceiritheevenf: (1)fhe Applicant materfallybreaches any duty, obligation,orservices required
pursuant to this Contract,or(2)the duties,obligations, or services required herein become impossible;
illegal,or not feasible.
if ihe Contract is terminated by the City pursuant to this Subsection IV(B) (1), the Applicent shall be liable for
dameges, including any addiUonal costs of procurement of simliar services from another source.
If fhe terminaGon results from acts or omtssions of the Applicant, inctuding but not limited to misapproprlation,
nonperformance of required services or fiscal mismanagement, the Applicant shail retum to the City
immediately any funds, misappropriated or unexpended,which have been pald to the Applicanf by the City..
C. If eiq eded or actual funding is withdrawn, reduced or limited in any way prior to the termination date setforthaboveinSectionIIorinanyamendmenthereto,the City may, upon wriften notice to the Appflcan4,
immediately terminate this Contract in whole or In part.
If ihe Contract is terminated pursuant to this Section IV, paragraph C: (1)the City wili be Ilable only for
payment in accordance wfth the terms of this Contract for services rendered prior to the effactive date of
termination; and (2)the Applicant shall be released from any obligation to provide fuRher services pursuant
to the Contract.
Funding under the Contract beyond the current appropriation year is conditional upon appropriation by theCiiyCouncilofsufficfentfundstosupporttheactivitiesdescribedinthisContract. Should such an
appropriation not be epproved, this contract will terminate at the close of the cu rent appropdation year.
D. Nothing herein shall limit,waive, or extinguish anyright or remedy provided by this Contract or law thateitherpartymayhaveintheeventthattheobligations, terms and conditions set forth in ihis Contract are
breacfied 6y the other party.
PART 2• 1NDEMNIFICATION AND HOLD HARMLESS
A. In providing services under this Contrect, the Applicant is an independent coniractor, and neither the Ap-
plicant nor its officers,agents or employees are an employee of the Cfty for any purpose.The Applicant
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RFP No. CommunityCenter-2012-01
Page 13
shall be respons(ble for all federai and/or state tax, industrial insurance, and Social Security liability that
may result from the performance of and compensation for these services and stiall make no claim of ca-
reer serv(ce or civil service rights whtch may accrue to a City employee under state oriocal law.
The City assumes no responsibiltty for the payment of any compensation,wages, benefits or taxes to, oronbehalfof, the Appligapt, its employees or others by reason of this Gontract.The Appticant shall defend,
indemnify and hold the Gity, its officers, agents and employees harmless from_and against any and allclaims, costs and/or losses whatsoever occurring or resulting from 1)the ApplicanYs fatlure to pay any
such compensa4ion,wages, benefts or taxes; and 2)the supplying.to lhe Applicanf of work, services, ma-
terials and/or supplles tiy Applicant employees or other suppliers in wnnect(on with the performance of
this Contract.
B. The.Applicant further agrees that it is financial{y responsible for and shail repay the City all indicated
amounts following an audlt exception which occurs due to the negligence, acts or omissions for any rea-
son to comply with the terrns of this Contract by the Applicant, its officers, employees, agents and/or rep-
resentatives. This duiy to repay the City shall not ba diminished or exfinguished by the prior terminallon of
the Contract pursuant to the Duration of Contract, or the Terrritnation section.
C. The Applicant shall, defend, indemnify,and hold the City, [and the State of Washington(when any funds
for this Contract are provided by the State of Washington)]their offlcers, employees, and agents harmless
from any and all costs, claims,judgmerds, and/or awards of damages, arising out of or in any way result- ing from the negligent acts or omi§"sionspf ihe Applicant, its o cers,employees, and/or ager fs. The Ap-
pllcant agrees that itsobligations under this subparagraph extertt!to any claim, demand and/or cause of
acfion bro,ught'by or on behalf of any of its employees or agents. For fhis purpose, the Applicant, by mu- tuaf oegotiation,hereby waives, as respects the City only, any immunity that would otherwise 6e available
against such ciaims under the Industrial Insurance provisions of Titie 51 RGW. In the event that City in-
curs attomey fees and/or costs in the defense of ciaims, for damages withfn fhe @cope of this section,
such fees arid costs stiall be recoverable from the Applicant. In ailditlon,the Gily of Aubum shall be enti-
tled to recover from the Applicant fees, and costs incurred to enforce the provisions of this sedion.
Claims shall include, but not be limited to,asse.rlions that the use or transferof any soflware, book, doo-
ument, report,flim, tape, or sound'reproducEion or materfal.of any kind,delivered hereunder,consUtutes i
an infrfngemen#of any copyright, patent, trademark, trade name,or othervvise results in unfair Vade prac-
tice.
Nothing contained with(n this provision shail affect andlor alter the application of any other provision con-
tained within this agreement.
PART 3: INSURANCE
Anyinsurance requirementswill be discussed and negotiated with the successful submitter. i
PART 4: CORRECTIVE ACTION
If#he Cify determines that a breach of contract has occurred, that is the Applicant has failed to comply with
any terms orconditlons of this Contract or tha Applicant has failed to provide in arry rtianner the work or i
services,agreed to herein, and if the City deemssaid breach to warrant co rectNe adion,the following
sequential procedure will appiy:
A. The City will notify the Applicadt in wddng of the nature of the breach;
B. The Applicant shalLrespond in writing within three(3)working days of its receipt ofsuch notification,which
response shall Indicate the steps being taken to correct the specified deficiencies. The correcfive action
plan,sheltspecify the propased compleUon date for bringing the Contract into compliance,which date sFiali
not be more 4han ten{10)days from tfie date of the ApplicanYs response; uniess the City, at its sole
disereUon, specifiss in writing an extension in the number of days to complete the correcUve acHons;
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RFP No. CommunityCenter-2012=01
Page 14
C. The City w.ill notify the Applicant ln writing of its determinaiion as to the sufficiency of the AppiicanYscorredtveactionplan. The determination of sufflciency of the ApplfcanPs corrective plan shal(be at the
sole discre[ian of fhe City;
D. Jn the svent that the Appticant does not respond within the appropriate time with a corrective action plan,or the ApplicanYs correciive actlon plan is determined by(he Cfty to be insufffdent, the City may
commence terminaGon of this ConVact in whole or in part pursuant to Section N.B;
E. In addition,the City may withhold any payment owed the Applicant or prohibit the Appiicant from incuqing
addftional obligations of funds until the City is satfsfled that corrective action has been taken or completed;
and
F. Nothing herein shall be deemed to affect or waive any rights the parNes may have pursuant to Section IV,
Tarminatfon Clauses, Subsections A, B, C, and D.
PART 5: ASSIGNMENT/SUBCONTRACTING
A ?he Appticant shall not assign or subcontract any portion of this Contract or transfer or assign any claim
adsing pursuant to thisContract without the written consent.ofthe Ciry. Said consent must be sought in
iwrfUngbytheAppllcantnotlessthanftfteen (15)calendar days prfor to fhe date of anq proposed
assigriment.
B. "SubconhacY'shall mean any agreement between the Applicant and a Subcontracior or between5ubcontractorsthatisbasedonthisContract, provided that the term"subcontract"does not incluiie the
purchase of(i)support services not related to the subject matter of this contract, or(ii)supplfes. j
SECTION V-ADDITIONAL INF RMATION 8 RE4UIREMENTS
A. Disctosure—ConiUct of Interest
The Applicant agrees to abide by all of the following requirements. Failure by the Applicanf to comply with
any requirements specffiedbelow shall be a material breach of contract:
1. The Appilcant covenants lhat no officer,employee,or agent of the City who exerases any functions or
responsibilities tn connection with the pianning and implementation of the scope of services funded
herein, or any other person who presently exercises any functions or responsibitit(es in connection with i
the plann(ng and implementation of tha scope of services funded herein shali have any personalfinancialinterest,direct or fndirect, in lhis Contract.The Applicar t shall take appropdate steps to
assu e compilance with this provis(on.
2. If the Applicant violates the provisions of Sectlon V(1)or does not dfsclose other interesYrequired to
be dfsclosed the City wn11 not be liable for paymeni of servides rendered pursuar t to this Contrect.Violatbn of this Section shall constitute a substantial breach of this Contract and grounds for termina-
tion pursuant to Section IV(B)above as well as any other right or remedy provided in this Contract or
law.
B. RecycledlRecydable Produds
Appiicents able to supply products containing recycled materiais ihat meet performance requlrements are
encouraged to offer them in bids and proposals and to use them wherever possible in fulflilment of
contracts.
The Applicant shall use recycled paper for the production of ali printed and photocopied documents related
to the futflllment of this Contract and shail ensure that,wheneverpossible, the cover page of each
document priMed on recycled paper bears an Imprint identifying it as recyclad paper..if the cost of recycled
paper is more than fifteen percent hlghenihan the cost of non-recycled paper,the Applicant may notify the
Gordract Administrator,who may waive the recycled paper requirement. The Applicant shell use both sldes
of paper sheets for copying and printing and shall use recycled/recyclable products whereverpractical in
the fialfillment of this Conhact.
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Page 15
C. Propdetary Rights
The partfes to this Contract hereby mutually agres that If any patentable or,copyrightable materiai or arQcle
should resuit from the work described herein,all rights accruing from such matedal or aRide shalf be the
sole property of the Ciiy.The foregoing shall:not apply to exisUng training materials, consulting eids,check I
lis4s and other matertels and docuinents of the Applicant which are modified for useln ihe performance of
4his Contract.
SECTION VI -NIAINTENANCE OF RECORDS/AUDITS
A. The Applicant shall maintafn,and shalf requfre any sub-contractors to maintain,accounts and records, in-
Guding personnel, property, financial and programmatic records and other such records as may be
deemed necessary 6y the City to ensureproper accounting for all project funds and compliance with this
Contract:Ail such records s6all sufflciently and properly reflect all dired end indirecf costs of anynature
expended and,servioes provided in the perFormance of#hts Contract.The Applioant shall make such doc-
uments available to the City for inspection, copying,and audiUng upon request.
B. All rscords referenced iq subsection(A)shall be maintalned for a period of six(6)years sfter compleUon of
tirork or termina4lon hereof unless permisslon to destroy them is grer ted by the City Cierk In accordance
with RCW Chapter 40:14, or unless a longer retentfon pedod is required by law.
C. The Applicent sfiall provide access,to its facilftfes, including those of any sub-contractor,to the City, the
state and/or federal agencies or offidais at ail reasonable times in order to monitor and evaluate the ser-
vices provided under this Contract The City will give advance notice to the Applicant'in the case of flscal
aud'ts to be conducted by the Cit}/.
D. The;Applicant agrees to cooperate with the City or its designee In the evaluation of services provided un-
der this Contract end to make avallable all Irifarmation reasonebfy required by anysuch eV ituafwn pra
csss.The results and records of said evaluation shall be maintained and disclosed in aacoMance with
RCW Chapter 42.17.
E. If the Applicant received a totai of$300,000.00 or more in federal financfai assistance during its flscal yea
from the City, and is a non-proflt organizaUon or instkution of higherieaming ora hospital aHfNated wiUi an
insNtution of higherleaming, and fs, under this Contract,carrying out or administering a prograro or portion
of aprogram, it shalt have an Jndependent audil conducted of its financial statemerd and condiNon,whichshallcomplywiththerequirementsofGAAS (generally accepted auditing standards), GAO's$tandards forAudRsbfGovemmertalOrganizations, Programs,Activi#ies, and Functions and OMB Cirbulars i 133 andA-128, as amended and as appiicaMe. Applicants receiving federal:funds from more than one City De-
padment or Diyision shall be responsible for determining of the combined financial assistance is equal.or
greater than$300,000.00.. The Applicant shall provide one copy of Ihe audft report to each City depart-
ment or division proyiding federal finandal assistance to the Applicant no later than six(6)months subse-
quent to the end of the Applicarrt's f scal year.
1
SECTION VIl—REQUIRED FORMS
iThe:following comp[eted forms will be required from the selected contractor, prior to contract award:
A. StatemeM of Gompliance -Union or Employee Refemal/{gencyStatement pf applicablej
B. 504/ADA Disability Assurance of Compliance and Corrective Action Plan
Copies of ihese fortns are available by contacting the Auburn City Clerk's Office. They are aveilable in paper
form,or may be obtained via e-mail. Please contact Dani Daskam, City Clerk, 253-931-3037 ar Shawn
Campbell, Deputy City Clerk, 253-931-3039, or by sendfng an e-mailed request to ddaskam@aubumwa.gov
or scampbell(a aubumwa.gov.
SE6TION Vill—BID SUBMITTAL CHECKLIST
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RFP No. CommunityCenter-2012A1
Pege 1$
A. One.(1)signed copy of entlre RFP package.
B. One (1)slgned copy of any Addendum that was issued. (If it has signature box at bottom of ftrst•page, it
muat be raturned.)
C. One (1) unbound copy of proposal response marked°Odginal."
D. Three(3)copies:of proposai response. i
E. Gomplete the Bid Identiflcation Labei 6elow(or reasonabie facsimile)and aNach it to a prominent plaoe an
the exfedor of the submission envelope, box, etc. I
i
0• i
n S..y'.- Cily oLAubum .i
F
Cily Clerk's Of(lee
wisxmmox Clly Hall
25 Weat Meln Stieet C
a Avbum,WA 88007
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p
eia wo. RFP No.CommunityCentar•2012-01
aianue Non ProfitFaellitatorforAuburnCommunifyCenter m
m
oue oam June 22,2012,4:30 P.M. Z
Natlonal evelopment Councll
I
I
i
I,
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i
RES.C Page 251 of 391
I
NATIONAL:DEVELOPMENT COUNCIL I
PorineolnCommunityDerefopmrnt SlrtcrY9E9
Or anizational Information9
Founded in 1969,theNaUonal evelopment Council(NDC)ls one of the oldest nationaf non-
proflt communiry and economic development organizatlons in the U.S:NDC has one simple
but powerFul purpose: to/ncrease the flow of caplta!to underserved urhan and rure/areas
across the United States.
Slnce its fo.unding,NDG has provided a broad range of services to thousands of communities in
every state, including: i
Technical assistanceand local capac(ty bufiding i
Development services for comrriunity devefopment projects.
Direct flnancing for small business,affordable housing,and public or community
facilides
Training for economic development and affordable housing with professional i
certffication iPublic-prfvate partnerships
Local and national program development and Implementa8on
Investment banking services for local devetopment proJects, Identfrying, securing,
and shucturing ffnancing from public and pr{vate source§j
The proposed Non-ProHt is NDC-Housing and Economic Development Corporation (NDC-
HEDC), asister non-profit corporation to:NDC. NDC-HE G is a strong, nationally recognized
SOt(c)(3)that works exdusively with local governments in fudherance of ib four public
purposes: 1)the promotion of publJc welfa7e, 2) lessening the burdens of govemmeM, 3)
fostering economlc development, and 4)providfng afl'ordable housing.
John Flnka is fhe NafronaLDevelopment Councihs Senior Directorfor Public-Private
Partnerships and Vice President of NDGHEDG.John has been with NDC for 30.years and with
NDGHEDC sincelt incepGon, during which time he has dlrecNy deveioped more than$2 billion
worth of publio-pdvate partnershlps.John has also served as NDC's Senior Direcfor for the
Westem Unifed States and is the founding Director of The Grow AmerIca Fund, NDC-HEDC's
small business loan program. In addition to his work with NDC and NDC-HEDC, John has
served on the Board of Directors of the Pfke Place Market Preservation and Developmenf
Authority for more than 30 years.
Misty BaskeB has been with NDC since 1998, serving as an Asset Manager for many of NDC's
publfo-private partnership{iro eds. Misty currently manages a portfolio of over$1 billion in
assets. Her experience and expertise inpublio-private partnerships make heran integral pert of i
NDCs Publto-Private Partnership team. Misty also serves as a Field Director for NDC and
teaches rnany of NDC's training courses on economic development Tinance.
1
RES.C Page 252 of 391
NAT101Q'AL DEVELOPMENT GOUNCIL '
PoriacainCOmmunityllevefo0mentSlnn1969
For more than 40 years, the Natlonal Development Coundl and NDC-HEDC have worked to
create and implement economic and communily development strategies that increase the flow
of capttal to urban and rural communi es, establish flnance programs, and help to crsate a
professional economic and community development workforce. NDC offers a wide range of
services, tncluding development assistance, professionai training,small business financing,and
debt and equity for residerriial, commercial, public and non-proftt fadlfties projects.
Speci c examples of NDGHEDC's experience working with govemment clients may be found in
Attachmert 1.
i
The Nallonal Development Councif has more than 40 years ot experience as a non-profit with a
focus in economic development and community development.NDC has been aclively engaged
iinpubifo-private partnerships for more than 15 years.
NDC-HEDCs portfolto of pubiic-private partnerships includes more than 30 proJects totaling
more than$2 hlllion in bond financfng. Flve of these proJects have seen their debt fuliy retired
and have been transferred to local govemmental ownership at no cost. None of lhese projects
have experienced cost overruns, and all are performing as antidpated in their flnandng
documents. NDGHEDC has an asset base well In excess of$1 biilion.
NDC-HEDCs strength, stature and experience, as weii as its association with the NaUonal
Development Councll,can assure that the City of Aubum wlll not have to be concemed with the INon-ProfiPs ability to fufffll its obligatEons over the term of the flnancing.
NDGHEDC has developed mare than 30 pubAaprivate partnership projects, exceeding$2
billian in proJect costs. It has been responslble for all contract negotiation, struc uuring,financing,
closing,and required compliance on these projects.
NDGHEDC has an unblemished record of success on its public-private partnerships. None of
the projeds have experienced cost overruns,and all are performing as anticipated in thefr
flnancing docurrterds.While much of N GHEDC's suxess in its publiGprivate partnership
model cen be attr(buted to its careful setectlon of development partners, a significant factor in
this success has been the result of careTul contract negotiaUon and management.
2
RES.C Page 253 of 391
i
NATIONAL EVELOPMENT COUNGL.
PmmersfnCommunlly0evefopmem51nce1969 ii
II
NDC-HEDC is a 501(c}(3)with a group exemption ietter issued by the IRS,allowing NDFHEDG
to establish a qualftied 501(c)(3)corporatlon with the n,ecessary bankruptcy remote I
characterisUcs in less 4han a week's time. No other 501(c)(3)possesses both the necessary
pubtic purposes and the group exemption that wlli allow it to establish_a single asset 501(c)(3) I
cepable of financing fhe projecE as required In the RFP.i
If selected, NDGHEDC wlll set up a single asset 501(c)(3)corporetion under its groupexempliontoundertaketheprojeat.This is same the structure that has been used successfully
on all of NDC-HEDCs 63-20 and 591(c)(3)proJects. i
With each of its publlo-priVate partnership proJects, NDGHEDC has 6een responsible for
selecting and managing the development team.This process has resulted In,an unbfemished j
record of success.
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NDC-HEDC has successfully completed more 63-20 financed projects than any other entity in
the United States.
In Washington State, NDC-HEDC has issued in excess of$1.2 bfllion in 63-20 bond-financeddebttofinance16projectsandenadditionai$290 millfon in 501(c)(3)bond-financed debt to
tund seven other proJects.
All but one of these projects was undertaken in partnership with state or local governmerits:
Five proJects financed for the benefit of King County
Eight proJegts financed for the benefft of the UniJersiry of Washington
e Two projects financad for ihe beneflt of the State of W ashington
One project financed for the City of Redmond
One proJed financed for the City of Tacoma
One project financed tor the Ciiy of Vancouver
One proJect financed for Washington State University
One pro ect financed for Pierce County
One pro)ect flnanced for Edmonds Communiiy Caliege
One project financed for the City of Issaquah
Please see Attachment 1 for project descriptions.
3
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i
NATIONAL DEVELOPMENT GOUNCIL I ,
Pormea In Communlly Oevefopmmt SMte 1969
I
NDGHEDC is one of the largest reclpierrts of New Markets Tax Credfts in the United Statea. IY
has undeRaken many NMTC inve"stments directed toward public facilfHes snd has worked
directly wilh the potential partners in Aubum's project. Local NDC-HEDC proJects include:
Washinaton-Pustet Sound Aroa: j
Rafnfer Vista Boys and Glrls Ciub I
Dan Johnson, Previous Presider t end CEO,206-461-8573
NDGHEDC assisted Boys and Girls Clubs of King County execuUve staff with an eaNy$16
Million NMTC investment for thefr Relnier Vista facilHy.This facillty was one of the flrsf
lnvestmenfs, nationally, to use"targeted populations"criteria for NMTC eligibllity.
I
Greenbrldge Early Learning Center
Puget Sound Educatlonal Services District Steve Nielsen;425-817-7771,snielsen psesd.org I
KJng County Nousing Aufhorlty:Dan Watson, Deputy Director,206-574-1189, danwaQkcha.orgKingCountyHousingAuthorlty.Tim Lock,206-5741198,timl(Dkcha.org
NDC-HEDC was hired by Puget Sound Educatforrel Services District(NMTC QALICB)to advise Iona$22 million NMTC investment for a Head Start fadiity in the Greenbridge Hope VI
community.This represented all of King County Housing Authority's recent NMTC aliocation.Additional services fncluded work with PSESD counsel,attorneys in the State Attomey
General's offlce, and outside counsel (Hugh Spitzer, Foster Pepper)to resolve legal issues
related to Washington State constitutional Iimits and NMTC mvestments.To assist the
transaction,NDC-HEDb created a single-purpose enUty to function as an investmerrt lender in
the NMTC structure on behalf of PSESD.
Kitsap County Consoltdated Housing Authority
Tony Galdwell, Executive Director, 360-535•6142,caldwelltQkccha.org
NDGHEDC worked on behalf of Kitsap County Consolidated Housing Aufhorily to underwriteandcloseapproximately$33 miilion of their initlal$40 million NMTC allocatlon. NDC-HEDC is
currently negotlating additional services related to their rece,$20 million allocatlon.
InvestmeMs included financing for a hotel in downtown Bremerton and an(nvestmerit for the
Pike Place PDA for capital improvements to the Pike Place Market.I
Other NDC•HEDCNMTC Public Prolects:
YMCA-Spokane,WA
YMCA-Aibany, NY
Surenson Unity Csnter-Sak Lake City, UT
Tom Green Library-San Angelo,TX
Magna Lfbrary-Magna, UT
Street Squash Community Facility-NY, NY
Mt. Hope Community Center-Bronx, NY
PubliaParking Faciliry- Durango, CO
4
RES.C Page 255 of 391
NATIONAL DEVELOPMENT COUNCIL I
mmers in Communlry DevePoO Sln<e r 769
Wifh a portfolio of 63-20 and 501(c)(3)project in excess of$2 biliion dollars and a NMTC
portfoito of nearly$600 mimon dollars, NDC-HEDC unquestionably has the most extensive track
record of similarproJectsin the United States.
Please see Attacfiment 1 for examples of NDC-HEDCs experience in real estate developmeM. I
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NDGHEDG's legal team is led by Steve Rovig with Hitils Clark Martln &Feterson. Mr. Rovig
has sxperience,;using 68-20 financing under WRC 35.42.070 and has worked on nearly all of
NDC-HEDC's 63-20 and 501(cj{3)transactfons. He is the NorthwesYs most_experie,nced
attomey handling legal work for a noo-profit 63-20 debt issuer.Mr. Rovig is furlher known for his
abiliry to facilitate difficult iransactions.
On NMTC transadions NDC-HEDC is represerrted by Mark D. Foster.
Additionally, NDGHEDC has experience with all local counsel that have been invoived in either
63-20 or 501(c)(3)transactions.
NDC-HEDC's staff indudes John Finke, Misty Baskett, and Jim Corni_ng. Each.have extensive
experlence In 63-20 and 501(c)(3)transactions and have led NDC-HEDCs efforts_on all of the
projects described above. Mr. Finke is a leading expert in publio-private financing structures in ithisregtonandhasworkedonbehalfoflocalgovemmentsfor30years. Ms. Baskett has
worked on numerous publlc-pdVate partnership projec over the past 14 years and has
extensive exparience in the unique finance, development and asset man qement requirements
of publio-private partnerships. Mr:Coming has more than 18 years of experience in
administretion and compliance Issues on tax exempt bond and New Markets Taz Credit
flnanced proJects.
In addiUon,Chuck Depew, Director at NDC,will be avaflable tohelp shucture the financing of
the proJect through his existing technical assistance corrtract with the City of Aubum. Mr. Depewpro0idestechnlcalassistanceinproJectftnance, development negotiation,and housing fmance
to corrimunitfes throughout the Northwest. Mr. Depew is one of the nation's most experienced
authorities on New Market Tax Credits.
NDC-HEDC is a 501(c)(3)tax exempt organization with a group exempUon from the IRS,
ailowing NDC-HECD to create single asset 501(c)(3)corporations without needing to retum to
the IRS for approvaL
5
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i
NATIONAL DEVELOPMENT COUNCIL II I,
Pomxn nCOmmunuyOevifopmrnr5lnce 969
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The NaUonal Developmarit Gouncil has a technical assistance contract with the Clty of Au6um.
Under this contract, Chudc Depew;an NDCDirector, has met with City of Aubum officials on
several ocoaslons to discuss vario.us public and private economfc dedelopment tools. I
Diana Sasser,a Loan Officer with Grow Amedca Fund,an NDC affiliate, has met with City of i
Aubum officials to discuss small tiusiness lend'ing opportunities in the City. j
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NDC-HEOC has never undertaken a bond financed or New Markets Tax Credit transadion with
fhe C'ity of Atibum..
i
NDC-HEDC has successfully completed or is in the process of completing numerous 63-20 and
501(c)(8)financed pro)ects wfth King County, the University of Washington, the City of
Redmond,fhe City ofissaquah, the City of Tacoms, Pierce County and the State of
Wash'ington, Outside of Washington, NDC-HEDC has undertaken many more 63-20 type
projeds, all with local governmerds.
In addition, NDC provides technical asslstanoe in community, housing, and economic
development firiiance M over130 communiGes nationwide. I
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NATIONAh DEVEIOPMENT COUNCI4. . ,,
Po nen In Communfry 0evelopmen Nn r 1969
Proposal
The proposal below describes a typical public-private partnership approach sfmilar to what may
be used for the Aubum Community Center project. NDGHEDC recognizes that all projecfs are
unique,and 'rf selected,we will work closely with the City of Auburn to taibr our approach to
match fhe spedfic needs of the City of Aubum.
Pre-development phase:
During the pre-development phase, many of the necessary tasks wlll happen simultaneously..
NDC-HEDC will work with the City of Aubum to locate financing sources and structure finanrang
for the project, Depending on the uitimate size of the project,this may include locating CDE's
with available New Markets Taic Credtt allocatton,determining the Citys debt capscky, locating
other federal, local or pr'ivate sources of funds,or determining;the fessibility of tax exempt bond
flnance opUons.
Concurrent with structuring financing,we will select a developer to determine the"buildabpit+'of
the cu rent design and estimate costs of construdion.The developer will be an entity with
strong financial capaclty, experiende deVeloping projects similer to Aubum Community Center,
and a wiliingness to sign a guaranteed maximum price contract.We typically work only with
deVelopers who are comfortable with a team approach and have worked comfortably and
successfully with govemment clfents in the past.
Once the developer fs selected,we wil sit down with the current architect to determine if they
are the best fit for the team. if we are unable to develop a strong worktng relationship with the
current architect,we reserve the right to hire a new architect to perform alf future architectural
tasks.This phase is vital not only in determining project costs but tn assessfng and
implemendng e qlan for LEED certiflcation. During the predevelopmen4 phase,the developer wfli
receiVe no fee but we would ask fhe City of Aubum to reim6urse them far third party costs, i
During the pre-developmerst phase,we will also work with the Cky's legal counsel to structure
legat documents that outline the relationships between all parties and most effectively reduce
risks to the City.This process will Include the creaUon of a single asset bankruptcy remote
501(c)(3)to act as owner of the proJed as necessary(such a structure wul be required if
developed as a 63-20, 501(c)(3), or NMTC project). Because of our group exerription letter from
the IRS, creating the non-proftt entlry wfll takeless than a week.We will negotiate theJease
agree,menf,development agreement,financing documents and any other contracts necessary to
complete the proJect.
Development phase:
Once tFie proJecf costs and all funding sources have been determined, NDC-HEOC witl oversee
construction of the project.This wiil include meeting with the development team (deyetoper; .
general contractor, key subcontractors, archltect,and engineers)and the City to review
construction progress, milestones, schedule, budge4,permitting issues,and pendtng or
proposed changes.We typEceily hire a construction monifor to provide an expert opinion on the
progress of construction on a monthly basis.As the project progresses,we will review and
approve ali change orders and draw requests.
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i
NATIONAL DEVELOPMENT COUNCIL I
Paimers in CommunlryDevrlppmenf Slnn 1969
During consUuction,we will issue.an RFP to hire a property manager for the projecL ThepropertymanagerwfilbeselectedseveralmoMhspriortocompletionoffhebuildingtoaAow the
building engineers to participate in the wmmission of fhe building systems, ensuring asmooth
transition to occupancy when construction is complete.
Occupancv nhase:
The ler(gth of the occupancy phase will be determined by;the sources of funding. lf NewMarketsTexCreditsareutllized,the project will be owned by the single asset eMRy for 4ha 7
year compliance period.lf tax exempt bonds are utilized,fhe single asset entity wfll own the
project for the life of the bonds, typicaliy 30 years.
NDC-HEDC wiii oversee operations of ihe buiiding by the selected property manager. It is our j
Iriteirtton to lease the entire facility back to the City of Aubum..The City may choose to lease
some portion of the premises to other govemment entities or non•profits,ae allowed 6y the i
Hnandng.
The City of Aubum wfll pay rent to fhe single asset enttty,in the amount of any debt service and
all operating expenses.A yeariy budget vufll be prepared by the properiy manager and approved
by t6e City and the single asset entiiy.Any tenant(mprovements,capkal repairs orimprovemerrtsrequiredduringtheoccupancyperfodwlllbeundertakenbylhesingie asset
errdly and paid for by tfie City of Aubum.The single asset entlty will receiye a small percentage
of the total rent as an asset management ongoing fee.i
Tumover:
Af the end of the term of the financing,ownership of 4he Auburn Communtty Center will revert to
the City of Aubum af no addiUonal cost.
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NATIONAL DEVELOPMENT COUNCIL II I
PormttsinCanmunilyDeve oPmentSN<t1969
Attachment 1
Recent Northwest Proiects Completed Usinq 63-20 Bonds
Commodore Duchess Apartments, a student housing proJect at the UniVerstty of Washington,
was acquired, rehabilitated,and operated by Community Deve(opment Properties-CD, an NDG
HEDC suboMinate organizaUon.This project was flnanced with$7,385,000 fn 63-20 bonds.
Ownership of the building recently reverted to the University of Washington. .
4225 Roosevelt is a 112,717 sq ft medicaUresearch building owned by Educallonal Research
Properties,an NDGHEDCsubordinate organizatlon.The buiiding was acquired and
rehabilttated by Educational Researoh Properties in June of 1999 for$30,555,000 in 63-20
bonds. Located on Roosevelt Way NE in Seattle,4225 Roosevelt is fully leased to the
Uni4ersity of Washington. At the retirement of the debt,the University of Washington will
assume ownership of fhe huilding.
King Street Center Is a 327,000 sq ft ce buifding built by Cammunity Deyelopment
Properties-King County III; anofher of NDGHEDCs subordinate organlzations. This
78,275,000 building was financed ustng 63-20 bonds. It was completed in the fall of 1989 and
is leased to King County. It currentlyoccupied by the Departments of Transportation and
Natural Resources.
Lake Tapps Parkway Properties, another NDGHEDC subordinate organization, issued
17,OOQOOD in 63-20 bonds,the proceeds of which were used to ftnance the construdion of a
portion of Lake Tapps Parkwayln Pierbe Courrty,water and sewer improvements atong the
padcway, and the construction of iwo parks in the Clty of Aubum.
Radford Court is a 400-unit,24acre maRied student housing development owned and
financed 6yRadford Court Properties, another of NDC-HEDC's subordinate organizations.This
project was completed In Juty 2002. ft was undertaken by NDGHEDC for the benefit of the
IUniversityofWashington. Radford CourtProperties issued$53,125,000 in 6&20 bonds to
flnance ihe development. i
Issaquah Highlands is a$66,500,000 project that indudes the construction ofa regfonai water
line,certain roads, and sewer facilfties for the beneflt of the City of Issaquah. NDC-HEDG
suboMfnate organization Issaquah Community Properties issued In 63-20 debt for the projecE in
Fetiniary 2001.
Nordheim Court is a 460.bed apartment-style housing community developed on behalf of the
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UnNersity of Washington through an NDC-HEDC subordinate organizatEon. NDGHEDC Issued
34,08.5,000 In 63-20 revenue bonds in March 2002 to finance the project,which was I
completed fn Fali of 2003..A4the retirement of the debt,the Universfry of Washfngton will j
assume ownership of the building.
Broadway Office Properti_es, another of NDGHEDC's subordinate organizattons,issued62,540,000 in 63-20 reVenue bonds in November 2002 to finance 401 Broadway, a medical
building leased to King County,Washington.The proJect included the acquisibon of land and
construction of a flve story, approxtmately 156,800 sq ft offloe bullding and underground parkfng i
garage. Construdion was completed in June2004 and is now occupied by Harborview Medical
Center.
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NATIONAL DEVELOPNIBNT GOUNGL I ;PartnenUCOmmuNryDerdoynrtntSlnre I9W
Tumwater Office Properties, an NDGHEDC subordinate organization, sold$56,8Q5,000 in
63-20 bonds in January of 2004 to finance the consfrucfion of a 200,000 sq ft offlce building tn
Tumwater,Washington. Construdfon tivas complete in Augusf 2005,and the building Is now
leased to the State of Washington.
Redmond Community Properties, another of NDC-HEUG's subordinate organlzatlons,issued
39,230,UOD in,63-20 revenue bonds in Aprfl 2004 to cbnstrud a new Ciiy Hall and parking
facility for ihe C.ity of Redmond.The project is approximately 107,000 sg ft and includes an
adjacenf 435 space parking strudure. The project inras financed under the MunlciPal Leasing
Act.
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TSB Properties, also a subordinate organization of NDGHEDC, fssued $17,525,000 in 83-20
bonds ta finance the purchase and renovetfon of an offtce building for the University of
Washington in April 2006.
Goat Hill Properties, a subordinate organizatfon of NDC-HEDC, issued $101,035,000 in 63-20
bonds in January 2005 to construct a 295,000 sq ft o ce building and adjacent 817 space
parking garaga on behalf of King County. Both the office and buitding and the garage were i
financed under(he requirements of fhe Muniapal Leasing Act.i
NJB ?rope tfes, a subordinate organtzation of NDGHEDC, issued$189,720,000 iq 63-20
tionds in November 2006 to conskuct and flnance a 440,000 sq ft medical office building with
underground parking for 65D vehicies for King County. The proJect was completed under I
budgel, resulting in a substanUal savings for the CouMy over its prevfous cost estfmates. i
TES Properties, a subordinate organlzadon of NDC-HEDC, issued$37,840,000 In 63-20 bonds
in February 2009 flnance and construct a51,000 sq it multFuse building,housing 41,000 square
feet of office space and 10,000 sq ft of laboratory space.The building is master-leased to the
Ciiy of Tecoma,with the State of Washfngton's Fuget Sound Partnership and the University ofWashingtonsubleasingspace. The building was recendy awarded CEED PlaHnum status,
FYI Properties,a subordinate orgenization M NDGHEDC, Issued $305,000,000 In 63-YO
bonds to financa and construgt a muiti-use building housing 199,000 sq ft of office space and a
110,000 sq R data ceriter for the State of Washington in November 2009.
Washington Biomedical Research Faciifties 3,a subordinate organizaGon of NDG-HEDC,I
issued$165,600,000(n 63-20 debt In December2010 to flnance and construct a laboratory I
building for the University of Washington.Thebuilding is Iocated in SeatUe's Snuth Lake Union
neighborhood and is curtenUy under construcfion.
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NATIONAL DEVELOPMENT COUNCIL 'I ,PoimenlnCommoNtyDevdoOmmt Since 1969
Recent Northwest Proiects Completed Usina 501(c)(3) Bonds
Washington Biomedical Research Properties i,another of NDC-HE C's subordinate
organizations, borrowed $38225,000 in 587(c)(3)bond to rehabilitate the Blue Flame Building
tor the University of VHashington School of Medicine. This 105,000 sq ft 6uilding is the first of a
five-phase leboratory devetopment for the UW School of Madicine.
Washington Biomedical,Research Properties II,another of NDGHEDC's subordinate
organizations; borrowed $169,510,000 in 501(c)(3)bond debt to begin construction on Phase II
of the University of WasMngton, Sqhool of Medtane's South Lake Unfon Campus. Phase II
incluifes two buildfngs toteling approximately 300,000 sq ft of bio-medical research and oHice
space. The project includes an underground parking garage.
Pacific Place Parking Garage, Is a 1,200-sq ft parkEng garage built as part of a three block
redevebpment of Seattle's downtown retail core. Community Developmenf Properttes-King i
Courity II,another.:of NDGHEDC's subordinate organizations,financed the project with
47;000,000 in 501(cx3) bonds. The project was completed in the tall of 1998 and was sold to
the City of Seaitle after construction and an tniHal 6 months of operatlon. The project is
considered the keystone of Seattle's nationally recognized downtown reta11 redi4al.
BSEL Properfies,another of NDC-HEDC's suboMinated organlzations, borrowed$13,055,000
in 501(c)(3)6ond debt to flnance and cronsh'uct a portion of a57,000 sq ft bioscience and
researbh laboratory building for VVashington State University in 2008.
Nickerson Area Properties,an NDGHEDC suborciinate organizaGon, borrowed$70;745,000
in 501(c)(3)dabt to 6uild a 52,000 sq ft, 15&6ed student housing proJect for 5eattle Paa/'c
Uniyersity.
Alaska and International House,are two separate NDC-HEDC subordinate,organ[zstions
wtiich issued$15,300,000 in 501(c)(3)bonds to finance the purchase of ttiVo 100-unit eldedy
housing projecfs)n 1992.
Other:
Outside of greater Seattle, NDGHEDC owns over 3,000 units of housing and many tliousands
of syuare feet of office, retail and industriai properly.
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ivni iorani. orv i-ot nnF tvr couraai. I
d et achmenf 2
This chart demonstrates the roles and responsibilities of key parties in the Auburn
Gommuniry Centcr project, as proposed by NDC-H[DC.
City of
Auburn
Ground Use
Lease . . Agreement
Development
Developer ABreement Slllgle-E1ltlty w anaT s FaCility
Notl-PI'Oflt contracc Manager
Architect
Constructlon
General Payments
Contractor ''
o--"d ,.— Underwriter
Bond
Trustee
Proceeds
7itleto
Improvements Bonds
Bond Repayment Bond
Investors
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RES.C Page 264 of 391
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4836
Date:
July 10, 2012
Department:
Planning and Development
Attachments:
Resolution No. 4836
Resolution No. 4836 Map
Agreement and Exhibits A - F
Exhibits G - K
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4836.
Background Summary:
The City of Auburn and the Washington State Department of Transportation have been
negotiating for some time on the transfer and exchange of real property between the
entities. This real property negotiation involves the transfer and exchange of 48.24 acres
of current State owned property. The State's total current ownership is 58.29 acres that
was originally acquired for future highway expansion and to create environmental
mitigation sites when required by nearby highway projects. The State has determined
that it only needs 10.05 acres of its current ownership for future highway projects. The
land under consideration for transfer and exchange is located immediately west of State
Route 167 and south of 15th Street NW and includes of 34.04 acres of non-mitigation
land and two environmental mitigation sites totaling approximately 14 acres, of which
one is certified and has met federal agency requirements while the other is in year 5 of
10 of its compliance program before being eligible for certification. Per the proposed
agreement, the State would retain responsibility for maintenance and monitoring of the
non-certified mitigation site until it is certified.
The real property transfer also involves the transfer and exchange of 9.91 acres of
current City-owned property (a portion of the properties referred to locally as Godecke
North) to the State. The State needs this property for use in planned improvements to
State Route 167. As part of its acquisition of this property from the City, the State is
obligated to pay the cost to relocate an existing City sewer line located on the City's
property. The current estimated cost to relocate this line is approximately $2 million. The
fair market value of the 34.04 acres of the State owned land is currently $680,000 while
the fair market value of the City owned property is currently $789,700. The State
conducted appraisals of the properties that were reviewed and agreed to by the City. For
AUBURN * MORE THAN YOU IMAGINEDRES.D Page 265 of 391
purposes of appraising land values, the two mitigation sites were determined to not have
any land value resulting from their restricted status as environmental mitigation sites.
Based on the higher land value of the City owned land, the State proposes to pay the
City $109,700, within 30 days after deed recordation, to account for this difference in fair
market values. The City and the State propose to split incidental costs such as closing
and recording costs associated with execution of the transfer and exchange.
The current City property is owned by the City's sewer enterprise fund. The Public Works
Department has determined that this property is not needed by the fund for current or
future needs. Because the transfer and exchange of properties between the two entities
involves land owned by the City's sewer fund, any land acquired by the City from the
State would also be legally under the ownership of the sewer fund. The 48.24 acres
proposed for transfer to the City of Auburn comprises a significant portion of Phase II of
the Auburn Environmental Park previously identified by the Auburn City Council bringing
the Park's total combined acreage to approximately 198 acres. On-going operation and
maintenance of the acquired land would be the responsibility of the sewer fund with input
and assistance from the City's environmental services staff.
Resolution No. 4836 inclusive of a detailed Agreement between the two parties would
upon passage by the City Council, authorize to the Mayor to complete negotiations and
execute the Agreement. The Planning and Community Development Committee on
unanimous motion action recommended approval of Resolution No. 4836 to the full City
Council at its July 9, 2012 regular meeting.
Reviewed by Council Committees:
Planning And Community Development, Public Works Other: Legal
Councilmember:Backus Staff:Snyder/Heid/Dowdy
Meeting Date:July 16, 2012 Item Number:RES.D
AUBURN * MORE THAN YOU IMAGINEDRES.D Page 266 of 391
RES.D Page 267 of 391
RES.D Page 268 of 391
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Resolution No. 4836 - Location of Exchange Properties
Printed Date:
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
7/5/2012
RES.D Page 270 of 391
Exhibit A
SETTLEMENT AGREEMENT AND AGREEMENT TO
TRANSFER REAL PROPERTY
The State of Washington, acting by and through its Department of Transportation
Department) and the Ciry of Auburn (City), collectively referred to as the Parties, enter this
Agreement on the date last written on its final page. This Agreement binds the successors,
assigns, subsidiuies, officials, agents, representatives; servants, employees, officers, and sureties
of both Parties.
I. RECITALS
This Agreement is based on the following facts and representations, all of.which the
Parties agree aze tlue:
A. The Aubum Land Company.(ALC) owned property, consisting of approximately 28.92
acres, within Aubum's city limits that is located immediately east of SR 167 (a state
limited access highway) and immediately south of 15` Street NW (a city sueet). A legal
description of the ALC property is altached as Exhibit A. ALC claimed the Parties were
depositing and trapping water on ALC's property. ALC sued the Parties under King
Counry Superior Court cause number 07-2-16064-7 KNT.
B. ALC's suit sought at least $6,000,000 from the Parties. Both Parties had defenses to
ALC's claims and suit. Neither Party admitted liability.
C. Under two separate agreements (wllected in Exhibit D), the City paid $75,000 to obtain
discaissal of ALC's lawsuit and ALC released all claims against both the City and the
Department. The City subsequently purchased ALC's property (the ALC property) for
the 2010 King Counry assessed value of$629,800.00. Exhibit G, attached 6ereto, is the
real estate purchase and sale agreement for thffi transaction. The Department did not
contribute any cash to the settlement payment or to the purchase of the ALC property.
D. 'The City granted the Departrnent a drainage easement to drain highway stortnwater onto
the ALC property. The rewrded easement is attached hereto as Exhibit E.
E. The State of Washington owns property; consistin of approximately 58.29 acres, west of
and across SR 167 from the ALC property. The property is bordered by West Valley
Highway (a city slreet), SR 16, and by i5' Sheet NW, which connects the other two
roads. A legal description of the state-owned property is attache8 as Exhibit B. The
State acquired this property for the DepartmenYs future highway expansion and to create
environmental trtitigation sites when required by nearby Departrnenf highway projects.
F. The Department has created two environmental mitigation sites on the state-owned
property. One mitigation site, consisting,ofapproximately 8.71 acres (379,408 square
feet), has been certified by the agency requiring the mitigation. A legal description of
this mitigation site is attached as Exhibit C-L The other mitigation site, consisting of
approximately 5.49 acres (239,145 square feet), is in Year 5 of a 10 year monitoring
Page 1 of 11
RES.D Page 271 of 391
Exhibit A
period and has not yet been certified by the agency requiring the mitigation. A legal
description of this mitigation site is attached as Exhibit G2. The 5.49 acre site may be
certified in less than the full 10 years. The existing mitigation sites are depicted on
Exhibit C,attached hereto.
G. T'he Department needs 10.05 acres of the state-owned property for future highway
projects. The approximate boandaries of this reserved I0.05 acres are also depicted on
Exhibit C.
H. Once the Department has established a certified mitigation site, it has used the state-
owned property for the public purpose for which it was acquired. Transfer of a certified
mitigation site reduces the DepartmenYs maintenance obligations.
I. The City is creating a_ Iarge environmental pazk, consisting of wetlands. The Ciry has
identified both the ALC properry and the state-owned property as within the boundaries
of the future park. The City also lacks adequate mitigation land, potentially restricting
new development within the City.
J. Acquiring the ALC property provided the City with potential mitigation Iand and added
to the City's environmental park. Transfer of the two mitigation sites from the state-
owned property would also add to the City's env'vonmental park.
K. The Department has suthority under RCW 47.12370 to transfer environmental mitigation
sites to other entities, including local governments, so long as the transferee agrees to
assume all,future maintenance and operation obligations in perpetuity.
L. As part of a planned improvement to SR 167, the Departrnent needs to acquire
approximately 991 acres (431,858 sq"uare feet) from an approzimately 23.06 acre
1,004,400 square feet) parcel of Ciry-owned land located west ofSR 169, north of SR
18, and east of West Valley Highway. That pazcel is also known as and is hereinafter
referred to as Department Parcel Number 1-22952. The legal description of the 9.91 acre
portion of Pazcel Nuin6er 1-22952 that the Department wishes to acquire is attached
hereto as Exhibit H. Parcel Number 1-22952 and the portiore of it that the Department
wishes to acquire are also both depicted on a Departrnent Sundry Site Plan, attached
hereto as Exhibit I.
M. Approximately 34.04 acres (1,482,783 squaze feet) of the State-owned property is not
being used for existing mitigation projects or being reserved forfuture highway projects.
The Department has determined that those 34.04 acres are surplus to its needs. The legal
description of this surplus property is attached as E chibit C-3:Those,34.04 acres are atso
depicted on Exhibit C.
N. T'he just compensation for the 9.91 acre portion of parcel 1-22952 that the Department
wishes to acquire is approximately$789,700. T'he fair market value of the remaining
34.04 acres of the State-owned land is approximately $680,000. Exchange of the two
properties would provide,the Ciry with potentiat mitigation land and add to the Ciry's
Page 2 of 11
RES.D Page 272 of 391
Exhibit A
environmental park. The exchange would also provide the Departrnent the land it needs
for iu SR 167 highway project.
O. Whether it acquires the 9.91 acres of pazcel 1-22952 by purchase or exchange, the
Department would be obligated to'pay the cost to relocate a City sewer line located on
those 9.91 acres.
P. The Department has authority under at least RCW 47.12.063, RCW 4712.080,and RCW
47.12.287 to exchange its 34.04 acres for the City's 9.91 acres.
Q. To the extent that this Agreement is not authorized by the statutes governing the
DepartrnenYs transfer, exchange, or sale of state-owned property, the Department enters
into this Agreement based on its and the Washington State Attorney General's authority
to settle claims against the Department.
R. The Parties entered into the agreements collected in Euhibit D and into this agreement in
part to eliminate the risk of ALC'.s claims in a way that reduced public expense and that
achieved legitimate public purposes of each Party. The Parties also wish to obtain
properry needed to fulfill the public purposes of each Party with minimum expenditure of
public funds.
II. 1'ERMS AND CONDITIONS
Now, therefore, in furtherance of the foregoing, for value received, and in consideration
of the following terms and condidons and.the attached Exhibits A, B, C, D, E, F, G, H, I, J, and
K, which aze incorporated herein by this reference,the Parties agree as follows:
1. In lieu of a cash contribution to the City's payments to dismiss the ALC lawsuit and to
release ALC's claims, the Departrnent agrees to convey by quitclaim deed the two
existing mitigation sites located on the state-owned properry described in Exhibit B, but
only on the following tertns and conditions:
a. The Department will reserve a drainage easement burdening the transferred property,
which will substantially conform to the drainage easement included within E chibit F,
a sample quitclaim deed for transfer of the mitigation sites.
b. The Department agrees to maintain and monitor the 5.49 acre mitigation site until it is
certified by the agency requiring mitigation. The Department will reserve an
easement allowing it access to perform the necessary maintenance and monitoring
until the site is certified.
c. Sole consideration for Department conveyance of the two mitigation sites will be (i)
the City's agreement to forever: assume all future maintenance and operation
obligations and costs required to properly maintain and operate each mitigation site
after each is certified; (ii) the Ciry's actions that resulted in dismissal/release of
Page 3 of 11
RES.D Page 273 of 391
Exhibit A
ALC's claims against the State; and (iii) the City's agreement to fully comply with
Secrion 2,below.
d. .Conveyance of each mitigarion site will be by quitclaim deed complying wit}i RC W
47.12370; as nowor hereinafter amended. The Department will prepare and send to
the City quitclaim deeds, which will substantially conform to the sample attached as
E chibit F, for the two existing mitiga6on sites within 90 days after this agreement is
fully signed, together with copies of the documents creating, permitting, and/or
certifying each mitigation site. T'he Ciry shall be responsible for any closing,
recording, or filing costs in connection with the said quitclaim deeds.
2. As required by RCW 47.12370, the City agrees to accepY ownership of transfersed
environmental mi6gation sites by quitclaim deed and, unless the sites;or either of them;
revert(s) back to State oivnership pursuant to paragraph 2.e, 6elow, to be responsible in
perpetuity for the maintenance, operation, and preservation of the mitigation sites after
each is certified by the agency requiring mitigation, including all costs associated with
such responsibilities,.as follows in paragraphs 2.a through 2:d. The City agrees that
failure to comply with any provision of this pazagraph or of paragraphs 2.a. through 2.d.
will result.in reversion ofthe conveyed mi6gation site pursuant to paragraph2.e:
a. The City may only use and allow others to use each tnnsferred mitigation site as a
mitigation site consistent with preservation of.the functions and values of the
particular site identified in the documenu creating, permitting, or certifying the site,
as those documents exist on the effective date of this agreement or as they may be
aaea, superseded, or replaced in the future with the approval of the responsible
regulatory agency._In addition, any new or additional uses must also be approved and
permitted by all applicable regulatory agencies.
b. The Ciry shall comply with the requirements and restrictions included in the quitclaim
deed transferring each mitigation site.
c. The City shall maintain and pay the cost to maintain each conveyed mitigation site in
perpetuity according to all restrictions and requirements as listed in the quitclaim
deed, listed in documenu creating, pertnitting, or certifying each site, as those
documents exist on the effective date of this agreement or as they may be amended,
superseded, or replaced in the future with the approval ofthe responsible regulatory
agency, and in a manner complying with any other appliaable permits,. laws and
regulations pertaining to maintenance and operation of each mitigation site.
d. The Ciry understands and agrees that the U.S. Army Corps of Engineers (Corps)will
be monitoring the City's obligations to maintain, operate and preserve the con4eyed
mitigation sites. The Department will notify the Corps when each mitigation site is
conveyed to the Gity. If the Corps sends a compliance notice to the Departrnent
instead of to the City, the Departrnent will forward the notice to the City. Should the
City of Auburn conduct any activities affecting the conveyed mitigations sites that
Page 4 of 11
RES.D Page 274 of 391
Exhibit A
violate the Federal Water Po(lution Control Amendments of 1972 (also lmown as
Section 404 of the Clean Water Act) as defined by CFR 33 Pazt 3263, the City of
Auburn will be subject to Regulatory Enforcement by the Corps under Title 33 Code
of Federal Regulations- (CFR) Part 326 Enforcement. If, after the Regulatory
Enforcement prceess has concluded,the City is not in compliance with Section 404 of
the Clean Water Act, the mitigation site permit terms, or any corrective aotion
approved or required by the Corps, provisions of Section 2.e, below, will be
implemented.
e.
i. The City agrees that should it fail to perpetually use either conveyed
mitigation site to preserve its functions and values as a mitigation site, the
conveyed mitigation site will automatically revert to the ownership of the
State of Washington without cost or further obligation on the part of the
Department.
ii. The City further agrees that should it fail to perpetually maintain and operate
either conveyed mitigation site in a manner that complies with this
Agreement, the quitclaim deed, the Corps, and any documenu creating,
permitting, or certifying each mitigation site, as those documents exist on the
effective date of this agreement or as they may be amended, superseded, or
replaced in the future with the approval ofthe responsible regulatory agencies,
the conveyed mitigation site will automatically revert to the ownership of the
State of Washington without cost or further obligation on the part of the
Department. A failure to so perpetually maintain and operate is established if
it is determined, after conclusion of an administrative prceess, such as the
U.S. Army Corps of Engineers Regulatory Enforcement process, that the
City's activities are not in compliance with Section 404 of the Clean Water
Act or other applicable law.
iii. Should either conveyed mitigation site revert to State ownership under "i" or
ii" above, the City agrees to quitclaim such mitigation site to the State of
Washington immediately upon request. Should ownership of either or both
mitigation sites revert to the State of Washington, the City wilL pay any costs
and fees associated with transfemng ownership.
f. Should ownership of either or both mitigation sites revert to the State of Washington
under Section 2.e within five years of the City altering the drainage within lands
conveyed under this agreement, then the City will reimburse the Departrnent's costs
to restore the site and bring it into full compliance with the documents creating,
permitting, or certifying the site; PROVIDED that should the City pay for and obtain
a study prepared by a Departrnent-approved expert that concludes the Ciry's drainage
aheration was not a cause of the mitigation site non-compliance, then the City is not
obligated to reimburse the Department's cosu.
3. The Department further agrees to convey to the City the approximately 34:04 acres of
non-mitigation and non-right-of-way land contained within the larger State-owned
property described in Exhibit B and depicted in Exhibit C in exchange for the City
Page 5 of 11
RES.D Page 275 of 391
Exhibit A
conveying to the State a fee simple interest in the approximately 9.9] acres of parcel 1-
22952 described in Exhibit H and depicted in Exhibit I, but only on the following terms
and conditions:
a. The Departrnent will reserve a perpetual, non-exclusive drainage easement for storm
and surface water flow and storage over, on, under, and across the transferred
property for the historic and on-going storm and surface water flow or storage caused
by or due to the construction, reconstruction, operarion, and/or maintenance of the
adjacent State Route 167 highway, its associated drainage system, and its other
structures, including the Mill Creek conveyance under State Route 167, thus
benefitting the State Route 167 right of way, including the right of ingress and egress
over the transferred property to inspect, and monitor water flow and storage and also
to maintain the 50 foo4 wide azea currently containing a drainage ditch (depicted as a
small dashed rectangle on E chibit "C"), PROVIDED, that this easement does not
prohibit the City from altering drainage on the described lands, but only if doing so
does not adversely impact the State's easement, and PROVIDED further that changes
in water flow and storage caused by future Department projects fall within the scope
of tfiis easement to the extent that they are permitted by applicable regulatory
agencies.
b. The City will convey a fee simple interest in its property by quitclaim deed, in a form
prepazed by the Department. The State will convey iu property by a quitclaim deed
consistent with the statutes authorizing exchange of real properry in Chapter 47,12
RCW, in a form prepared by the Department. The Department shall p epare the
necessary deeds within 90 days after this agreement is fully signed. Eacfi Party shall
be respoqsible for any closing, recording, or filing costs associated with the property
conveyed to that Party. Other than as expressly provided herein, the parties accept
the properties conveyed to them"as is."
c. Consideration for each Party's conveyance of real property under this Section 3 will
be (i) receipt of real property from the other Party and'(ii) resolption of the lawsuit
referenced above. Consideration for the City's conveyance also includes the
DeparhnenYs payment of$109,700, the difference in the fair market values of the.
two parcels being exchanged. The Department agrees to pay this amount within 30.
days after the deed from the City to the Department is recorded.
d. The Department agrees to remove the existing Ciry-owned'sewerpipe on the properry
the City is conveying to the State and to pay the City $2,067,500 as the wst,to install
a new'sewer line on non-transferred Ciry-owned property that would othecwise be
damaged by that amount by the loss of the sewer line. Prior to addertising for the
removal work, the Department will submit to the City for review and approval, its
plans and specifications for removal and plugging the sewer: Upon project
completion, t6e Department will provide the City with as built. plans in AutoCAD
electronic formaU and on Mylaz. The City will be responsible for installing the new
sewer.line when and where it determines necessary; 6ut not on the Iand wnveyed to
the State:
Page 6 of 11
RES.D Page 276 of 391
Exhibit A
e. King Counry has an interest in and a mitigation site on a portion of pazcel 1-22952
depicted in Exhibit I) not being conveyed to the State. The Department will grant
King County and the City a non-exclusive easement allowing access for necessary
maintenance and monitoring of this existing site. The physical area included within
this easement is shown on Exhibit I.
f. The Department.will construct theportion ofthe access road located on the portion of
parcel 122952 being conveyed to the State. The Ciry has constructed the portion of
the road from the eastem edge of the West Valley Highway to the westem edge of the
property the City is conveying to the State so as to accommodate an access roadway
aligned with the access easement depicted on Exhibit I and page 2 of Exhibit K. The
Department will conshvct the connection between the road portions each party has
constructed on the access easement depicted on Exhibit I and page 2 of Exhibit K.
g. The City will grant the Departrnent a Right of Endy, attached hereto as Exhibif K, so
that the Departrnent can connect the access road constructed by the Department to the
portion constructed by the City.
h. If the property exchange takes place before the City completes construction of its
West Valley Highway Improvements — SR18 to West Main Street Project, then the
Department will grant a permit to the City of Aubum to allow staging of construction
equipment and storage of materials for that project during the construction of said
West Valley Highway Improvements. The permit is attached hereto as Exhibit J,
setting forth the terms of and area within the permit. Following the construction of
said West Valley Highway Improvements, the Ciry shall remove any equipment and
materials related to the Ciry's West Valley Highway conswction project from the
construction staging/material storage area. The parties agree that the permit does not
obligate the Ciry to perform future site remediation from past practices prior to the
said West Valley Highway Improvements.
4. The City understands and agrees.that for any of the state-owned lands to be conveyed
underthis Agreement, the Department shall retain ownership all rights of access, light,
view and a'v between the state-owned lands conveyed and SR 167. The City further
understands and agrees that tHe City, its successors and/or assigns shall not have any
rights of ingress or egress(to, from and between)the state-owned lands conveyed and SR
167. T'fie City further understands and agrees that the City and its successors and/or
assigns shall not be entitled to any damages for the loss of access, light, view or air in
connection with any construction, reconstruction, operation or maintenance of SR 167.
T'his term shall be contained in all conveyance documenu to the City.
5. Each Party fullyreleases and discharges the other from and against any.and all claims,
demands, actions, causes of action; obligations, costs, expenses, damages, losses, and
liabili6es, of any kind or nature, existing,claimed to exist,or which can hereafter ever arise
out of or result from or in connection with any past,current,or future act,error,or omission
relating to the City's and the DepartrnenYs actions or inactions claimed to affect ALC's
Page 7 of 11
RES.D Page 277 of 391
Exhibit A
property in any way,the facks alleged in ALC's previously filed claims for damages, or the
facts alleged in ALC's lawsuit.
6. Any property convey8d to the City or to the Department under this Agreement shall be
conveyed by quitclaim deed to the City or to the Departrnent on an"as is""where is"and
with all faulu" basis. Each pazty hereby waives and relinquishes all rights and
privileges arising out of, or with respect to, any representations, wazranries or covenants,
whether ezpress or implied, which may have been made orgiven, or which may be
deemed to have been made or given, by the other party or its representatives, except for
those representations;wamenties and covenants set forth in tlus Agreetnent
Except to the extent of any representations or warranties set forth elsewhere in this
Agreement, each party has not relied upon and will not rely upon, and the other party
expressly disclaims, any representations or warcanties with respect to, and shall have no
liability For: (i)the condition of the property or any buildings, shvctures or improvements
located thereon or the-suitability thereof for habitation, occupanoy or for the intended use
of the par[ies or for any use whatscever; (ii) any applicable building, wning or fire laws
or regulations or with respect to compliance therewith or with respect to the existence of
or compliance with any required permits, if any, of any govemmental agency; (iii) the
availability or existence of any water, sewer or utilities, any rights thereto, or any water,
sewer or utility districts; (iv) access to any public or private sanitary sewer system; (v)
the fact that all or a portion of the property may be located on or near an earthquake fault
line; or (vi) the presence of any hazardous substances in any improvements on the
properly, including without limitation asbestos or formaldehyde, or the presence of any
environmentally hazardous wastes or materials on or under the properry. Without
limiting ffie generaliry of the foregoing, except to the erctent of any representations or
wananties set forth elsewhere in this Agteement, each party shall have no liability to the
other party with respect to the condition of the property under common law, or any
federal, state, or local law orregulation; including but not limited to the Comprehensive
Environmental Response, Compensation and Liability Act of 1980 as amended, 42
U.S.C.A; sections 9601 et seq., and the Washington Model Toxics Control Act
MTCA"), RCW 70.1O5d. Each parry hereby releases and waives any and all claims
which the party has or may haye against the other party under any of the foregoing laws
or with respect to the condition of the property, except to the extent of any claims the
party may have arising from any express representations, warranties or covenants of the
other party ander this Agreement. Each party acknowledges to the other party that it has
been given the opportunity under this Agreement to fully inspect the,property and each
parry assumes the responsibility and risks of all defects and conditions, including such
defects and conditions, if any,that cannot be observed by casual inspection, subject to the
exception of rights eacpressly set forth above.
7. Once fully executed, this Agreement binds the Parties until all terms and condirions are
met and until each Party has conveyed the property it has agreed to convey. BuYthe
City's obligations regarding maintenance of conveyed mitigations sites, as set forth in
Section 2 and elsewhere in this Agreement, is perpetual and shall not terminate unless the
sites have reverted back to State ownership in accordance with paragraph 2.e:
Page 8 of 11
RES.D Page 278 of 391
Exhibit A
8. The entire Agreement between the Parties hereto is contained in this Agreement and the
Exhibits hereto;and this Agreement supersedes all previous representations,negotiations,
understandings, or agreements, written and oral, with respect to ALC's claims against the
Parties and with respect to the properties described in Exhibiu A, B, C-1, G2, C-3, and
H. No modification, termination or amendment of this Agreement may be made except
by written agreement signed by those authorized to bind the Parties sabseqnent to the
date ofthis Agreement, unless otherwise provided herein.
9. No failure by either Party to insist upon the strict performance of any covenant, duty;
agreement, orcondition of thisAgreement or to exercise any right or remedy consequent
upon a breach thereof shall constitute a waiver of any such breach or any other covenant,
agreement, term or condition. Either Party hereto, by notice, and oniy by notice as
provided herein may, but shall be under no obligation to;waive any of its rights or any
conditions to its obligations hereunder; or any duty, obligation or covenant of the other
Party hereto. But neither Party can waive the Ciry's obligations under Secfion 2;the City
defaults by violating any of those obligations, and title to the conveyed mitigation site
shall automatically revert to the State of Washington.
l0.This Agreement may be executed in any number of counterparts, and each spch
counterpart hereof shall be deemed to be an original instrument, but all such wunterparts
together shall constitute but one agreement. Signatures transmitted by email or facsimile
shall be deemed originals.
11. Each of the provisions of this Ageement has been reviewed and negotiated, and
represent the combined work product of the Parties hereto. No presumption or other
rules of construction which would interpret the provisions of this Agreement in favor of
o against the Party preparing the same shall be applicable in connection with the
construction or interpretation of any of the provisions of this Agcement.
12.This Agreement and the right of the Parties hereto shall be govemed by and construed in
adcordance with the laws of the State of Washington and the Parties agree that in any
such action, venue shall lie exclusively in Thurston County, Washington. In the event of
any controversy, claim, or dispute arising out of this Agreement, each Party shall tie
solely responsible for the payment of its own legal expenses, including but not limited to,
attorneys' fees and costs.
13.No Parly to this Agreement shall transfer or assign any right or obligation hereunder
without the prior written consent of the other Party.
l4. Summary of Exhibits: The following Exhibits are incorporated into this Ageement:
Exhibit A Legal description of forcner Aubum Land Company property
Exhibit B Legal Description of State Owned Property, including property to be
conveyed to the City and property to be retained by the State
Page 9 of 11
RES.D Page 279 of 391
Exhibit A
Exhibit C Graphic Illustrating State Owned Property, including property to be
retained as right of way, mitigation sites to be conveyed, and non-mitigation property to
be conveyed
E chibit C-I Legal description of 8.71 Acre mitigation site
Exhibit G2 Lega] description of 5.49 Acre mitigation site
Eachibit C-3 Legal description of 34.04 Acre surplus property
Exhibit D Agreements dismissing Auburn Land Company's lawsuit and releasing its
claims
Exhibit E Recorded Drainage Easement granted by Ciry to State over former Auburn
Land Company Property
Exhibit F Sample Quitclaim Deed conveying State mitigation sites to the Ciry-and
reserving easements
Exhibit G Purchase & Sale Agreement by which City purchased Property from
Auburn Land Company
Exhibit H Legal Description for Property State is acquiring from City
Exhibit L Department Sundry Site Plan depicting Department Pazcel Number 1-
22952, including the portion to be acquired by State from the City
Exhibit J Department Permit authorizing City's temporary use of portion of land
City is transferring to State during City's West Va11ey Highway Project
Exhibit K Right of Entry granted to Department by CiTy
15.All notices, demands or requests provided for or permitted to be given pursuant to this
Ageement shall be in writing. All notices, demands and requests to be sent to a Parry
pursuant to the provisions of this Ageement shall be given by personal delivery or by
depositing the same in the United States mail, addressed to such Party, postage prepaid,
regular and certified mail, with return receipt requested, aYthe addresses set fotth below.
Such notices, demands or requests may also be transmitted:via facsimile,provided that
the provisions of this section.are otherwise complied with. All notices, demands and
requests shall be deemed effective and received upon the earlier of actual receipt, whether
served by personal delivery or by certified United States mail, retarn receipt requested, or
three(3) days after depositing the same into the mail,as established by the postmark date.
By giving to the other Party at least three (3) business days' wriften notice thereof,the
Parties hereto and their respective authorized successorsand assigns shall have the right
from time to time at any time during the term of this Agreement to change their
respective addresses and each shall have the right to specify as its address any other
Page 10 of 11
RES.D Page 280 of 391
Exhi6it A
address within the United States. The present addresses for notice aze as follows,and the
Parties also agree xo accept service ofprocess at said addresses:
DEPARTMENT:
Deparhnent of T ansportation
Attn: Northwest Region Real Estate Services Manager
15700 Dayton AvenueNorth
P.O. Box 330310
Seattle, WA 98133-971D
CITY:
City of Aubum
Attn:
25 West Main Street
Au6um, WA98001-4916
IN WITNESS WHEREOF,the Parties have executed this Agreement as of the day and
yeaz last written below.
CITY DEPARTMENT
By: Peter B. Lewis By:Jolu L. Jensen
Its:Mayor Its: NWR Real Estate Services Manager
Date: Date:
Page11 of 11
RES.D Page 281 of 391
EXHIBIT A
Le al Descriptioq for King County Taac Parcel No. 122]049009; commonly identified as 801
15 Street Northwest,Aubuin, WA 98002:
That portion of the Northeast quarter of the Southwest quarter of Section 12;Township 21 North,
Range 4 East, W.M., in King County, Washington, lying we§t of the Seattle-Taooma:Interurban
Railway, as established by instruments recorded under Auditor's File Nos;;214685 and 2_20487:
EXCEPT thatportion appropriated by tfie State of Washington under Stipulated Judgment and
Decree of Appropriation in King County Superior Court No. 718093 on November 24, 1971.
RES.D Page 282 of 391
EXHIBCI'B
Legal description for the State environmental mitigation and right-of-way
expansion land located west of SR 167, east ofWest Valley Highway,
and south of 15'Street NW in or near Au6um, Washington
PARCEL "A":
The southwest quarter of the southwest quarter of Section 12,Township 21 North, Range 4 East,
W. M., in King County Washington;
EXCEPT portion conveyed to King County forState Aid Road No. 69 (West Valley Highway)
by deed recorded under Recording Number 694367, in King County, Washington;
AND EXCEPT that portion condemned in King County Superior Court Cause Number 718093
for SR T67;
AND EXCEPT that portion conveyed to the City of Aubum forstreet purposes by deed recorded
underRewrding Number 6310375.
PARCEL "B":
The northwest quarter ofthe southwest quarter of Section 12,Township2l North, Range 4 East,
VN.M. in King County Washington:
EXCEPT that part of the west 550 feet lying northerly of the south 615 feet:
AND EXCEPT that portion conveyed to King County for State Aid Road No. 69(West
Valley Highway) by deed recorded under Recording Number 694383;
AND EXCEPT thaY portion conveyed to the City of Auburn for street purposes by deed recorded
under Recording Number 6310375;
AND EXCEPT that portion condemned in King County Superior Court Cause Number 718093
forSR 167;
AND EXCEPT that portion conveyed to the City of Auburn by deed recorded under Recording
Numlier 8112230547.
PARCEL "C":
That portion of the southeast quarter of the southeast quarter of Section 11,Township 21 North,
Range 4 East, W. M., in King Counry, Washington, lying easterly of the easterly margin of SR
181 (West Valley Highway);
EXCEPT that portion condemned in%ing County Superior Court CauseNumbef718093.
EXHIBIT B—page 1
RES.D Page 283 of 391
PARCEL "D":
That part of the west.550.00 feet lying northerly of the south 615. 00 feet of the'northwest
quarter of the southwest quarter of Section 12,Township 21 North; Range 4 East, W.M., in King
County, Washington;
EXCEPT that portion conyeyed to King County for State Aid Road No. 69(Vl/est Valley
Highway) by deed recorded under Recording Number 694383;
AND EXCEPT that portion conveyed to the Ciry of Aubnrn forstreet purposes 6y deed7ecorded
under Recording Number 6310375;
AND EXCEPT that portion condemned in King County Superior Court Cause Number 718093
for SR 167;
AND EXCEPT that portion conveyed to the Ciry of Aubum by deed reoorded under Recording
Number 8112230547. .
EXHIBIT B—page 2
RES.D Page 284 of 391
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EXHIBIT C
s ry a y ,.a.
w.. ' i -`
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SR 167 KING COUNTYa _R.sYr l .,!%., ;
4 x a,'
3
PARCEL 1-15619a,
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WASHWGTON STATE
rf "e Y ": :6t' ,
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DEPARTMENT OF TRANSPORTATION
r OLYMPIA,WASHINGTON
r/n. ,, 2 °r~t _',r:.. ; . .':_7
DATE
SHEET 1 OF 1 SHEETS
RES.D Page 285 of 391
EXHIBIT C-1
Leeal Descriotion of the auurozimatelv 8.71 acre(379.408 sfl certified mitisallon sitc.ICN
1-17-09477(southwesf oarcel: shee'f 6)
7'hose portions of the southeast quarter of the southeast quarter of Section 11, and the southwest
quarter of the southwest quarter.of Section 12,a11 in Township 21 North, Range:4'East, W.M., in
King County,Washington,described as follows:
Beginning at the intersection of the east margin of the West Valley Highway and the south line
of said Section I 1; tlience northeastedy and northerly along the east mazgin of said West Valley
Highway to a point opposite Highway Engineer's Station (hereinafter referred to as HES) 579+17
on the SR 167 line survey of SR 167, Auburn: 17th St. SW to S. 285th St., and 1,182f feet
westerly therefrom; thence easterly to a point opposite HES 579+12 on said line survey and
1,013 feet westerly therefrom; thence easterly to a point opposite HES 579+01 on said line
survey and 574 feet westeriy therefrom; thence southerly to a point opposite HES 578+47 on
said line survey and 580 feet westerly therefrom; thence southerly to a point;opposite HES
577+39 on said line survey and 592 feet westerly therefrom;thence southerly to a point opposite
HES 576+29 on said line survey and 599 feet westerly therefrom; thence southerly to a point
opposite HES 575+13 on said line survey and 600 feet westerly therefrom; thence southedy to a
pomt opposite HES 574+04 on said line survey and 592 feet wes[erly therefrom; thence
southerly to a point oppoii4e 1-IES 572+91 on said line survey and 574 feet westeriy therefrom;
thence southerly to a point opposite HES 571+72 on said line survey and 575t feet westerly
therefrom, said point lying on the south line of the southwest quarter of the southwest quarter of
said Secrion•12; thence westerly along said'south line to the comer common to Sections 11, 12,
13, and 14,T. 21 N,R.4E, WM;then westerlyalong the south line of said Section 11 to the point
of beginning;
EXCEPT that portion conveyed to Halvazd Thurmod and Peazl V. Thurmod, under King County
Recording No.6722632.
The lands hereiri described contain an area of 379;408 square feet,more:or less,thespeciftc
details concerning all of which aze to be found on sheet 6 of that certain plan entitled SR 167,
Aubtim: 17th St. SW to S.285th St.,now of record and on file in the;office of the Secre.tary of
Transportation at Olympia, and bearing date of approval June l2, 1969,as revi§ed
RES.D Page 286 of 391
EXHIBIT G2
Leeal Descriotion of t6e aooro cimatelv 5.49 acre(239.145 sfl uncertified miN¢allonsitec
ICN 1-17-09476(middle/west oarcela sheet 61
T'hose portions of the southwest quarter of the southwest quarter and the northwest quarter of the
southwes[ quarter of Section 12, Township 21 Nor[h; Range 4 East, W.M., in King Counry,
V ashington,described as follows.
Beginning at a point on the easterly margin of West Valley Highway opposite Highway
Engineer's Station (hereinafter referced to as HES) 579+17 on the SR 167 line survey of SR 167,
Aubum: 17th St. SW to S. 285th St., and 1,182t feet westerly therefrom; thence easterly to a
point opposite HES 579+12 on said line survey aud 1,013 feet westerly tfierefrom; thence
northerly to a point opposite HES 580+21 on said line survey and 1,021 feet westerly therefrom;
thence easterly to a point opposite HES 580+12 on said line survey and 763 feet westerly
therefrom; thence northeriy parallel with said SR 167 line survey to a point opposite HES
581+68 thereon; thence norttiwesterly to a point opposite HES 583+29 on said line sur4ey and
917 feet westerly therefrom; thence northerly to a point opposite HES 585+49 on said line
survey and 916 feetwesterly there&om;thence northeasterly to a point opposite HES 585+97 on
said line survey and 802 feet westerly therefrom; thence northwesterly to a point opposite HES
587+01 on said line survey and 860 feet westerly therefrom; thence southwesterly to a point
opposite HES 586+37 on said line.survey and 1,188 feet westerly therefrom, said point being on
the easterly mazgin of the West Valley Highway; thence southerly along said easterly margin to
the poim of beginning.
The lands herein described contain an area of 239,145 square feet, more or less, the specific
details concerning all of which are to be found on,sheet 6 of ihat certain plan entitled SR 167,
Auburn: 17th St. SW to S. 285th St., now of record and on file in the office of the Secretary of
Transportation at Olympia,and bearing date of approval June 12, 1969, as revised.
RES.D Page 287 of 391
EXHIBIT C-3
I.eeal DescrioHon of t6e aourosimatelv 34 04 acre(1 4H2.783 sfl surulus State omoertv,
ICN 1-17-086457east/nort6 oarcel: on sheets 6 and 71
Those portions of the southwest guarter of the southwest quarterand the northwest quarter of the
southwest quarter of Section 12, Township 21 North, Range 4 East, W.M., in King County,
Washington,described as follows:
Beginning at a point on the easterly margin of West Valley Highway opposite Highway
Engineer's Station (hereinafter referred to as HES) 579+17 on the SR 1671ine survey of SR 167,
Auburn: 17th St. SW to S. 285th St., and 1,182t feet westerly therefrom; thence easterly to a
point opposite HES 579+]2 on said SR 167 line survey and 1,013 feet westerly therefrom, said
point being theTnie Point of Beginning;thence easterly to a point opposite HES 579+01 on said
SR 167 line survey and'S74 feef westerly therefrom; thence southerly to a point opposite I-IES
578+47 on said SR 167 line survey and 580 feet westerly there&om; thence southerly to a point
opposite HES 577+39 on said SR 167 line survey and 592 feet westerly therefrom; thence
southerly to a point opposite HES i76+29 on said SR 167 line survey and 599 feet westerly
therefrom; thence southerly to.a point opposite HES 575+13 on said SR 1671ine sarvey and 600
feet westerly therefrom; thence southerly to a point opposite HES 574+04 on said SR 167 line
survey and 592 feet westerly therefrom; thence southerly to a point opposite [-IES.572+91 on
said SR 167 line survey and 574 feet westerly therefrom; thence southerly to a point opposite
HES 571+72 on said SR 167 line survey and 575t feet westerly therefrom, said point lying on
the south line of the southwest quarter of the southwest quarter of said Section 12; thence
easterly along said south line to the westerly right of way line of SR 167, said point being
opposite HES 572+13.85 on said SR 167 line survey and 165 feet westerly therefrom; thence
northerly along said westerly right of way line to a point opposite HES 583+00 on.said SR 167
line survey and 165 feet westerly therefrom; thence northwesterly to a point opposite HES
587+00 on said SR 167 line survey and 215 feet westerly therefrom; thence northwesterly to a
point opposite HE3 592+00 on said SR 167 line survey and 455 feet westerly therefrom;thence
northwesterly to a point opposite HES (15th St. NV1 5+50 on the 15th St.N.W. Eict. line survey
of said Highway and 370 feet southerly therefrom; thence northwesterly to a point opposite HES
15th St. NV 1+37t on said 15th St. N.W. Ext. line surveyand 19232 feet soutfierly therefrom,
said point lying on the easterly mazgin of the West Valley Highway; thence southerly along said
easterly margin to a point opposite HES 586+37 on the SR 167 line sur4ey of said Highway and
1,188 feet westerly therefrom; thence northeasterly to a point opposite HES 587+01 on said SR
167 line survey and 860 feet westerly therefrom; thence southeasterly to a point opposite HES
585+97 on said SR 167 line survey and 802 feet westerly therefrom; thence southwesterly to a
point opposite HESS85+49 on said SR 167 line survey and 916 feet westerly therefrom; thence
southerly to a point opposite HES 583+29 on said SR 167 line survey and 9l7 feet westerly
therefrom; thence southeas[erly to a point opposite HES 581+68 on said SR 1671ine survey and
763 feet westerly there&om; thence southerly pazallel with said SR 167 line survey to a point
opposite HES 580+12 thereon; thence westerly to a point opposite HES 580+21 on said SR 167
line survey and 1,021 feet westerly therefrom;thence southerly to the True Point of Beginning.
Exhibit C-3 —page 1
RES.D Page 288 of 391
T'he lands herein described contain an area of 1,482,783 square feet, more or less,the specific
details concerning all of which are to be found on sheets 6 and 7 of that certain plan entitled SR
167,Auburn: 17th St. SW to S.285th St.,now of record and on file in the office of the Secretary
of Transportation at Olympia,and bearing date of approval June 12, 1969,as revised.
Exhi6it C-3—page2
RES.D Page 289 of 391
EXHIBIT D
ACiREEMENTfORSETTLEMENT
OF LAWSUIT WITHOUT PREJWDICE
This AGREEMENT (this"Agr.eemenY is entetetl irrto es bF the day of
2010; by and between the CITY OF:AUBURN, a ;Washfngton
P rPmuniclal_co oration ei'einafter the °CITY"), the STATE OF WASMINGTON, a
sovereign pol(tical enUty (hereinafter the "STATE', and THE AUBURN ,LAND
COMPANY, a Nevada Umited Partnership (herefnafter e°PROPERTY OWNER"}.
REGI7ALS
A. The PROPERTY OWNEf2 is the owner of certafn reai properiy described
as fo0ows:
The real property and all improvements thereon located in the City of Aubum, Co.unty of
tGng, Weshington, at the aommon address of 801. 15th Street Northwest, Aubum,
Washingfon (King Courdy fax Par l No. 1221049009j which is legally described as
follows (°FroPeKY°}.
The northeast quarter of.the southwest quarter of SecUon 12,Township 29
Nortlt, Renge 4 East,W.M., in.lting County, Vltashington;
EXCEPT that partion condemned for State Highway under {Gng County .
Superior Court Cause Number 718093 and conpeyed fo fhe City of
Aubum by GoVemor's Deed rec rded under ICing Gounty Recording
number 7402270280;
AND EXCEPT portfon for Railroad Right of Way es estsbiished by
instrumerrts reoorded underAuditor's Fpe Nas. 214685 and22D487.
B. PROPERTY OWNER fifed e IawsuH against Ehe CI'fY and tFie STATE,
alleging Irn rse condemnaHon of the ebove-descnbed Property. The parties have
reached en agreemerrt whereby fhe Iawsuft, and all cleiins against the CITY and the .
STATE, shall be dismissed pursuarit fo an agreemeM beiween the parEies whereby the
CITY shall pay to the PR PERTY OWNER $75,D00.00 as full and. complete
mpensatlon for the settlemerrt of the lawsuit
AGREEMENT
NOW, THEREFqRE; for good and valuabie consideretton; the receipt„and
sufiFidericy of vuhich are heFeby r:rautually acknowledged, PROPERTY. OWNER, STAI'E
and C1TY hareby agree as foliows: •
1. - Settlement of Lawsnik 'The PROPERTI! OWNER, the STATE and the CI'fY
agree thet upon the paymeritby the:C1TY to the PROPERIY WNER of$75,000.00,. •
tiie parties shafl ea te and file with 4he Court a Stipulation and Orde of D(smissal
AGREEMENT FOR SETTL INENTOFLAWSUIT WITHOIIf PREJU ICE
P qe 1 of 3
EXHIBTT D —page l
RES.D Page 290 of 391
Witlwut Prejudice and withouf Costs fn K(ng County 5uperior Court Caase,No: 07-2-
16064-7 KM'. The parties [urther agree that thereafter they shall promptly fake.any
such'steps as neoessary to remoVe any encumbrances or clouds from the lepal title of
the property relating to said lawsuit.
2. Notices. All notices, demands'and other communications required or permitted
o be g'nren hereunder shall 'be In:.writing, and shall be ser t by personal deflvery
induding 6y means of professfonal messenger or courier service) or registered or
certified mail, 'postage-prepaid, retum-recelpt.requested. Notice shall be deemed to
have been given ff personally delivered, upon receipt, and if sent tiy inafl, fhree (3) days
after duly deposibed in the U;S. AAail. The parti'respedive addresses fornotices are
as follows:
If to CITY: With pies to:
City of Aubum City Attorney's Office
Hurrian Resourc s Departrnent City of Aubum
25 West Mlain Street 25 West Main Street
Aubum;WA 98001-4 898 Aubum, WA 98001-4998
Attn: Director ofNuman Resou es Attn: City A tomey
ff to PRbPERTY OUHNER: 1N'dh coples to:
Aubum Land Comparry Steven A. Reisler
Attri:Donald Dombrowski, MD Attorney at Law
7545 Spanish Bay Road 4500 Sand Poirrt Way NE Ste 250
l,as Vegas, Nevada 89113 Seattle,WA 88105-3841
If to STATE: And to:
WasFiington 3tate Dept of Transportation Washington State Dept of Transportation
Att t: MN Reglon Real Esmte Servlces Manager Attn: Diredor of Ehterpriss Rtsk ManagemeM .
1 b700 Dayfon Avenue North P.O. Box 4741 B
P.O. Box 33d310 Olympia,WA 88504 418
SeatBe,WA 98133-9710
Notice of change of address shall be given by written notice in.the manner detafled. in
this 8ection 2.
3. General. This Agreement may be modified only in writing, s3gned by CITY,
STATE, and PROPERTY OWNER. Any waivers hereunder must be in writing. No
waiver of any right or remedy in the event of default hereunder shall constihihe a walyer
of such dght or Fgmedy in the eye rt of amr•subsequeM default This Agreemerit shalt
be govemed by the laws of the 5tate of Washington. This Ag eement i's fot the benefit
onlypf the,parties hareto:and shall inure to the benefit of and bind the heirs, personal
repreaerdatives, sucaessors and peRnHbed'asslgns.of the parties hereto. The invalidity
or uneriforceabiGtty of any,provisi.on of this Agreement shall not affect the valtdity or
eMoroeability of any other provision heraof. T his Agreemerrt may be executed in
counterparts, each of wh(ch shaA be ileemed an orlginat, but all of which together shall
ACiREEMENT FOR SSTTLEMENT OF LAWSUIT WITHOUT PREJUDICE
P e2of3
EXHIBTT D —page 2
RES.D Page 291 of 391
constitute one and the same instrument. Signatures transmitted by email'or facsimile .
shall be deemed or(ginals..
4. Each of the,provisfons of this Agreemenf has been reviewed and negotiated,and
represent the rambined woric produ,ct aF the Parties hereto. No presumption or other
rules of construction which would ittferpret the provisio"ns of this Agreement in favorof
or againsr the Party prepa irig the same shall be applicable in connection with the
construction or ir terpretation of any of the provisions of this Agreement.
5. Attomeys' Fees. In,the everrt sutt,or action is inetituted to irrherpret or enforce the
terms qf thls f qreemerrt, the pFevailing party therein shall be entitled to recover from the
ofher party such'sum as 4Fie Court may adjudge reasonable as attorneys'fees, incfuding ''
fees incuRed at frial, on any appeal and in any petiUon for review.
6. Cit r CounCil Approval. The signature of the Mayor of the City of Au6uFn hereon
binds the City of Aubum hereiri and adcnowledges the approval of the City Councll of
this Aqreement
SIGNED in duplicate original as of the date first above written.' .
CITY F THEAUBURN.LANDCOMPANY
BY
Peter . wis,Aubum Mayor Name
Titie
ATfEST: STATE OF WASHINGTON
Q
Damelle E.Daskam,Aubum C r Clerk Jedm J n, IdW Region RES Mgr:.
Washi ton State ep't of TransportaUon
Jo Mifton, erpr se RislkMgt. Di.
VVashington State Dep't'of Transportatfoh
APPROVED A5 TO FORM: :,,APPROVED A5 TO FORM:
a . 9 '
Daniel B.Heid,Aubum City Attiomey IanA Northrip,WSBA#21 05
Asaistant Attomey General
AGREEMENT FOR SETfL61AENT OF LAWSUIT WITHOUT PREJUDICE
Page'3 of 9
EXHIBIT D —page 3
RES.D Page 292 of 391
JW.OB 7006'5Sp . D.2
w• v r i.f• Y .....
av sflp t ona ana ahe emr a ttf bumsml. S n rea Ira sm ad cy nen o.rac6tmNe
phellbedeemed o als..
d. Eadta?tl1B uuvidaamatth&a{Igweme rttrae6ee+rGB tiew dahdnegotlat0d.aind
represm l Uie rpmblrned vv Ht pRtduat af e P'srHea hmato. Mn prsstart fta,oi a@ r
nilea co ht d'ion which ieidiAd b9e'D,![ie proniet ns e!tlifs Agreement In P aoc af
mt,tl e P6rly+.P i[re samia nha.60.appSea6la ere mn u h tl1e
c9on or k adon any aitlre puqLtions afihla
S. ,_ Altatnays'Fer. I Yt1oe avice d s IIA ecifori 1911t 1te d tlo It Earpre ar ee farae,l ie
i teemmr1,11or P a hn+eia drep tie:n nad m rem+oe lrom 14e
o er snm s the Gouq oi'udge t sarmble es'sIDOrnep fees,htdt Op q .
ieas inanad aE hia4 i%+an3t aPf+and tit atyr p ltlwt Tar ievlaN+.
6, CHq Cou 011 Apptarel 7F ai9nawre f qre MaYo,'eaf•the C r of Aohum heleon
ot a ien 6erem and eck the :pproVal9r afe Gty c6ua eA oF
SIGb6ED ht dapltsat e orf na!a9 cf9 sdate above naBlen.
G1 THB AUBEIRN EpNU CDA#PANY
P a a.Aubum f tayvr
Na Ro 4
A77ES7i S'TA7E WASH@lf3TCN
t
D 9 E.Das m,Aubla'n 0$y fmft ,lohn.,µy,I pgg p pt
V t pt 94 Ee op7 oa pmf Ion
AAIfEtl, Eo xP gk lr. Nf hi o^a'.DaP't of Ttwpon Ilon
PPRauEp ns xr!FoRtn+: nPaRav a,s,TO ra u:
1 ffepial8,H d ' C!'Ua f A NotlMtp, 211Q6
waehhe kAtt nay Gleeie al
RGR iENiFORBEPtL tesfOi IAVS tB"[YHTkDtJ1'PREJU01Ce. .naaeaars
EXHIBIT D —page 4
RES.D Page 293 of 391
Q'i'I t F 0."` .
URN Peter B. Lewls, Mayor
WASHTNGTON 25 Wect Nlmn Shwl*Aubum WA qaool-499e*www.ad+umwa.gov*263-931-3oao
July B,201
Donald Dom6rowski, MD
Aubum Land Cornpany
7545 Spanish Bay Road
Las Vegas, Nevada 88113
Steven A. Reisler
Attomey at Law
4500 Sand Point Way NE Ste 2b0
Seattle, WA 981 d5-3941
Re: Letter of Understanding
Genflemen:
This letter communicates the City of Aubum's mmrtment bo purchase the Auburn Land
Companjr property described fn the pu chase 8nd sale agreement Included with this letter,
and the CUy's commi6nent to conciude the sale in accordance tfieraurith. Once the property
is no longer encumbered by IGng 6ouniy 3uperior Court Cause No. 07-2-16084-7 KNT, tha
City is not aware of arry rerr ining cantingencies that would preverrt closing of the purdiase
and sale agreement. In order to ensure dismissal af the lawsu,whioh beneftts the Clly and
the State, and to 6nsure payment of the full purchase price,which beneflts the Auburn Land
Company, all three parties agree, by their signatures beiow, to the additlonal settlement
tertns contained(n this letter.
The parties had originally approached the purchase and safe of the property as part of a
settlemeM of the lawsuft involving the same property. However, it is advantageous for the
CHy of Aubum to settle the lawsuk before closing the purchase and sale fo dear the
property's fitle. This letter is provided to Induce the Auburn Land Company to settle the
lawsuit and ciose the sale of the property to the City separatety. The Cily will comply witb
both the setdemer t agreement and the real estate Purchase and Sale Agreement The City
has conc uded its due dlligence and waived any objectlons to title, other than the
encumbrance ot the lawsui after the lawsult is dtsmissed and no longer appears as an
encumbrence on the title, the City will have tha funds to purchese the property and uvi11
close as soon thereafter es reasonably possible. You may rely on fhe representations in this
letter as a commftment by the Cfty to purchase the property as descr(bed in the Purchase .
and Sale Agreement, made with the concurrence, authority and approval of fhe Aubum City
Council.
Trie City of Aubum intends to include the property in its Aubum Ernironmental Par9c.
Additionally, the C r and the Washington Stete Department of Trensportation are
negotiating agreemerrts, and have every inteMion of implemerttfig such agreemerds, that
wili ultfmately trensfer to the City environmental mitigffiion sites owned by the State, after
those sites are certified by the agency requlring miUgation.The land the State w(II transfer's
within a parcei generally bordered on the East by SR 167, on the West by SR 181, and on
EXHIBTT D —page 5
AU$URN*1vtoRE'r iant YoU u u m
RES.D Page 294 of 391
Letfet af Understending
To:Donald Dombroureki,MD
Md To:Sletren A Relsler
JWy 8,2D10
Pege 2 019
the North by 15th Street NW; this transfer is spec(fied wfth moie particularity in the
agreement beiuveen the CHy and the Stafe. In connection therewith, upon conclud'mg ib
purchase of the Aubum Land Comparry property, the City of Aubum shall corney to the
state Department of Transporta8on a drainage easement on the fortner Au6um Land
Comparry property. lf the Clty does not complete Rs purchese of ffia Aubum Land Company
property,the Sha6e will have n obligatlon to trensfer the above-referenced nd.
The City wilf conclude the purchase soon as possible after the prcperty's NUe report rro
longer refera to the lawsuk as an encumbrance, and you shall be entftled to enfarce in court
your rtght to conclude the sale should fhe City fafl, for any reason, to compkte the
purohase.
It is further agreed and undeistood that the dismissal of the Iswsuit shall be witi out
prejua e, but Auburn Land Compeny may re-flle it ony if the City fails to close the property
purchase. Upon d'smissal without prejudice, all of Aubum isnd Compar s daims and atl of
the City and State's defenses or courrter-claims currenUy set inrth in the Iawsuit or presently
related thereto shall be tolled from the tlme nf such dismissal until the lawsuit is r ftled,
should that ocaar es a result of the parties' fallure to conclude the agreements 6etween
them, so that the parties are in the same pos ion with respect to fhe claims and defenses
es they would have been had fhe lawsuit nct been dismissed. But ft is further agreed and
undersfood that when the City doses its purchase af the Aubum Land Comparry property,
Piaintiff agrees to forever give up and release its right to re-flle the lawsui
It is understood and agreed by the parties that upon the City dosing the purr,hase of the
Aubum Land Comparry property as agreed and fhe seperate payment of the $75,000
referenced in the parties' qqreement Settling Lawsuit Without Prejudice (which $75,000
dollar payment witl be made•immedFately upon execution by all partles of the settlement
qqreement),Aubum Land Company aiso fuly releases and forever discharges the Cityr and
the State from and against arry end all past, present or future claims, demands, acHons,
rights, causes of action, obGgations, costs, expenses, damages, losses, and IiabUities, of
any kind or nature whatsoever, based on tort, contract, dvil rights law, the legal theories
rafsed in the dismtssed cause, or other theory of recovery, includfng, but not fimited to,
claims under 42 U.S.C. § 1883, existing, daimed to exist, or which can hereafter ever arfse
out of ar result from or in connection with arry past, current, or future act, error, or omissio
reta6ng to Auburn Land Campany's awnership of the properEy, the City's and fhe Stete's
actions or inadions daimed to effect the property in any way, the facfs alieged in the
Auburn Land Comparry's prevtousy fifed daims for damages, or the fads alleged fn the
above-described Iawsuit This release fuly protacts and fully binds the officials, agents,
servants, employees, stockholders, representa+ras, sureties, .attomeys, predeeessors,
successors, and assigns of the City, 5tate, and Aubum Land Company, and all other
persons, flrms, or corporations with whom any of the former have been, are now, or may
hereafter be affiliated.
EXI TT D —page 6
RES.D Page 295 of 391
Letter of Underafandng
Ta Donatd Dom6rdwskl,MD
Mii Ta. Steven A Reislar
July 8,2010
Page 3 of 9
tf this is acceptable, pfease,sign where iridiceted below and retum a copy to me. By cc'ing
the Stete Departrnerd of 7iansportationr.l am. also asking for the'v concurring signature
heFeon as welL
ince ,.
J '
Pe r B. Lewis, Mayor -
City of Aubum
Reyiewed and approved es to fortn:
i' Da. I fty Attomey
Giiy of Aubum
ca H1lashington State Dept of Transporlatlon Transporiadon and Public Constructlon Dlvisbn
NW Reglon R I Eetefe Servioes Manager 1Neshington Sfa Ateomey Oeneral's Office
1570 Dayton Avenue Nortlf P.O.Box 40113
P.O:BoX 330370 Olympla,WA 985040113
SeatGe,WA 98133-9710
THE AUBURN LAND COMPANY STATE OF WASHINGTON
DEPT OF TRANSPORTATION
By ey
Name Name i,i.l'reL/ s .¢
TtUe Title _.
Date Date -- 7
STATE OF WP.SHINGTON
DEPT OF TRANSPORTATION
By G.y-,
Nam Tei 1 G.. I.11r-rn.1
TiNe,iru,+t - Qi
Date '7 a-t o
PPro,red as -
r
sa... h, n a.- P, A +z,as
EXHIBIT D —page 7
RES.D Page 296 of 391
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EXI IT D—page 8
RES.D Page 297 of 391
EXHIBIT E
I
iARer secording rctum document to:
SDePazGn t ofl aosPortation 1
x s ots 4
P O Box 47338
2011090200012
Olympia WA 985047338
EASEMENT BEING RE-RECORDED TO CORRECT LEGAL DESCRIPT[ON
A1VD TO ADD GRANTEE'S ACCEPfANCE BLOCK C
J
cumerrr 7Sr1e: Dratnage F.asement
Reference Ntonber ofRelated Decr ment: 10101221000117
iGmntor: City of luburn
Grantee: State ojWadeirsgwn,pepartment af'y'm sP yation
Lega!Descripifon: Ptn NE/.SW/.ofSection 12. T2IN,R4E, W.M.,K/ng CouxryIAddWnna/lega!descrlptlon rs on pnges!ojdacvment.
Assecros's Properly T oc ParcelAc vnt Number: l211049009
i
C° 1
reooid bY P Natlnro 11es s icaamnodetlonai. R 1m net MO
SR 167,Aubmn: 17th St SW to S.285th St b 0f 1
Sheets 6 aed 7 w+Mt.r •
Pmtxl No. ]-6457
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EXHIBIT E—page 1
RES.D Page 298 of 391
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20102222000 i1--
AFi'RFDOOPOINO RSRIRN TO:
WmWryponSWeDapunmeNafTme mletlon
Aan:IVmllt ptR lenReYEaetaBwkeMS ugee
i I3700GV'IOSAVmmNOM
P.0.Bw 77W10
SfffiIp WA 9117.19710
I
DRAINAGE EASEMENT
The 07tANTOR C[IY OF AUBURNT.a m micipal weporstia ofthe State of WesAiagton.
tor md in coffiideeation ofthe seuianart otKinB Y s P+1or Couct Cme Numbc07-16064
7mdoFt6abeae5teooni sWbythowvlementag eemeabbetw2mtheCltyofAvbnm,ffie8rateof
Wa eoa,md the Aub Lm d CvmPaRY. epd soovry W the GMNiBE SiATE OF
WA9HINffI'ON. a wvaogn Pc7idmt mdb'. Deperlmeot oE Trempostation, md ifs as a
petpetual,swn-at lasive eosemrnt foretmm end audece waeaftow md etaas eove;aa.urtdc,aad
acevss tl e rml D P Y daa4bed below for ehe 6btoxie md on-gdng smem md surLee amtm flow
atmagp aeuxd by m due oo the conatruetion.meoaaauetioe.apaatioq mdJOrmeintnmfeeoflEe
eQjerem 3tateRoute 167 highway.its eameiated d amage sysxm,and ics otlxrstnicewm,ioetuding
Nm Mill CSeelc oonveyenae wder SOete Route 16.th bmeTWngthe StateRoutt 167rightofwsy.Togethv wi tlm ghc of in es and over the'oal propcty deacribM below W ioapeet,
monito,and maioraio va ar ffow d smvega
Said eol prope:ty belag loca ed at 801 l5ffi Street tJoA6wrest,Aub,WA 980 2,identllGad as
King Cowriy Tax Pe'eel No.1221049009,legyly deaerlbed e fopcws
The Nmlheeat Qumta(1V'b) af'tLa Sauhwes[QimTOer(SW R)ot Seetioa 12,
Towffihip 21 No tl4 Rm e 4 FBS,W.M.in Kin6 Co tY.WashiogWa;EXC6PT
WM poition coodem d fw Sfate Highway nndarKinB Co+Y S DalorCoureCaum
Numbc 716093 and eonveyed to We City ofAUbura by Gove aor'e Deed secoaded
Q 6 Y dic8 aumber 740227 8W AND BXCEPT pmziom for
RailmaA Righl of Way av RamiaidM py i mmnts moorded mdQ Anditm'8 Fite
Naa 214685 aad 220987.
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situated in ihe Caunty of King,Stete ot Wmhingtoa D(CfSE TAX NOT 1iELUlR@
10n0 Ca R o ONltlon I
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EXHIBTT E —page 2
RES.D Page 299 of 391
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a m my ar_ ,c ui..../.,-- .zo d I
uw
rav s.Lew wnburn
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Daeiclle pmkmo.Aybue7 City Qeck
ISTA1b OF WASHINGTON )
COUNiY OF KING
ON 7'tIIS.feq.of f' ti 2`+7 _20 o be re me.DawmllY sPP
Peter H.I.ewls aad D ielle n.w me Imown to be 4e Mayor md Ciry G7ak.iapeetivab'.of
the Gmnwr. tli mnetoipal eoiposation tl et exauted tlie witAin aod foaegoing ios umm;sod
ackao Aedged seid instrurmnt to be the$ee and voluntety mt md deed oPsoid msponaoa,tar tlx
uaes and ptepmes therein mentioned.end on th staied Umt they wae aulhmiTed to exaute said
1
W1S'NFSS my haed md ot5oel sesl 6e:eto the dey aod Y fa tlds cctiAcete Hest alfove rvrltten
p.Nh'/
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d:' '..a..r.l
vj rr".' % "H CY ti! A
y Naary l ublie ia e ed fax State ad'Waa6iogwn,
e'. y.?-' ,ywc;: reeiding at r - l.o .
r'0•i..•:'.:s:a+' .. [VIyA Di11 M iJnANs
iN q
Acceptatl and Approved
STATE OF MASHINGTON,
Department of Transpnr tion
i
BY: I if. i . l I
ff SF T
sen2n, Ar ves g on ee
e s5uee mne a 1f"'Estate ServSCes Manager
c /!
Dete:
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rn...: _ . .+ :.-. -x:ti7.' _ .
rm a. a..
e".' a
IuK' .S b. .
c.v•a
y:6-r
EXHIBIT E —page 3
RES.D Page 300 of 391
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tlleqn oNM1yA aqOYeLIS41pSITYICH
1OLCGbI 'J !!6 {1lflIIl!
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EXHIBIT E-page 4
RES.D Page 301 of 391
rv. . . .Yi• .. ..M1alli-iv'vY'r=lYl ••••.a.a......1i•• •• .•.-vaWW'aw'v"i1u L... .
f awY.'a+.w.......au1.r_r.v....rc itf t'
AF'TER RECORDINC RETURN TO:
ATTN: REAL ESTATE SBRVICES E tClf i,iT
DBPARTMENT OF TRAIVSPORTATION
P.O.BOX 47338
OLYMPIA,WA 98504-7338
i
Docutnent Tifle:Quitclaim Deed j
Reforence Number of Related Document:N/A
rantor:State of V aslungton,Depertmel t of Transportation i
I drantee:City ofAubum
Legal Descriprion:Attached as Exhibit Cl and C2
Assessor's Tex Parcel Number: ptn 122104-9012(for 8.71 acre parcel)
ptn 122104-9011 and 122104-9012(for 5.49 acxe percel)IcopyJpasteJdeletetacpazcelnumbersfromonedeedtoanother, Delete referenoe to size)
i
QUITCLAIM DEED
SR 167,Aubum: ]7th St.SW to S.285th St.I
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The STATE OF WASHINGTON acti:lg by and through its DEPARTMENT OF I
TRANSPORTATION,Grantor,hereby couveys and quitclaims mto the CITY OF AUBURN ell
right,dtle, and interest iuider the jmisdiction of the Departrnent of Trenspoctation in and w the
following described.real properly sitdated in King County, State of Washington, for and in
consideration (1) af tha CTTY OF AUBURN, a municipal coiporarion, Grantee, asswnin8 in
papotliqty all fuNre post-cartiFication preservation and protection obligations as fiuthar providcd
herein, including sil mainteirence and oporarion costs associated with such preserdation and
profection obiigations of the environmental mitigation site lands in parpehnty as requued bY
RCW 47.12:370;(2)o£ihe settlamdnt of King County Superior Court Case Number 07-2-16064-
7; and (3) of the benefits conferred by the setUement agreements between the Grantee. the
I Gra rtor,and the Auburu Lsnd Company.
For legal descripdon and addiGonal conditions, see Exhibit—t Cl and C2
attached hareto and made a part hercof.
I
i RES 411 Page 1 of 6 Pagos I
Revised 1/2011
RES.D Page 302 of 391
u.:v _ .,.,.
W..:: ..-:,...:.,,--
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The Grantee herein, including successors or assigns, shall have no right of ingrese or
egress to, from and between SR 167 and the lands herein described,nor shatl they ba entiUed to
wmpensaGon for any loss of light, view and air occasioned by Uie locarion, construction,
maintenanco or operation of said highway. Qrantor retains all such rights.
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The specific details conceming ail of which may be found on sheet 4 of that certain plen i
entitledSR I67, Au6urn: 17th St. SW to S..285th St,now of rebord and on file in the office of i
the Secretary of Transportation at Olympia,Washington,bearing date of upprovalJune 12, 1969..
SubjacYto al( existing encumbrances, mcluding easanents,resh'ictions and reserva6ons,
if any;
Tha Grantor hereby ratains an easement to continue the use of any drainaga ditches,
culverts,or other struchues located on the described property for the purpose of convaying water
to or from the'described properly. Tha arantor also heroby retains an easement m'er, under,
upon and across the described lands for the purpose of theperpetual right,power aud privilege to
cominue past and current dreinage, flowage, and storage of water (and any accompanying
aediroent) caused by or due to natural phenomenon and the construction, operarion, and/or
maintenance of the existing SR 167 highway and its associated ditches, culverts, and other i
structbres.As part of this easement,the Gxantor also rotains the right,power,and privllege to use
tlu desoribed lands for the purpose of future additionsl or different drainage, flowage, and
storage caused by construction,reconslrucrion,opererion,and/or maintenance of later cliangas to
SR 167 and any associated structuras, to the extent the diffesent or,addirions] water does not
violate environmental permits issued for such chenges to SR 167 or provent the City from
mAiotA+ning the existing mitigation sites on the described pmperty. PROVIDED, that this
easement does not prohibit the City from altering drainaga on the described lands, but only if
doing so would not violate the d'uections of any mgulatory agency goveming the mitigetion site
or the terms of any documents creating,penmitting,orcertifying the mitigadon site tHat has be.en
constructed on the property,as those documents exist on the date of conveyance or es they mey
be ameuded,superse3ed,or replaced in the firture with the approve]of the responsible regulatory
agency, and only if doing so does not adversely impad the State's easement. As part of this
ItES 411 Pege 2 of 6 Pages ICN
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RES.D Page 303 of 391
w..,.....u.:,..:,._...:-...,......,.,.........,,...,:......_.,. _. ._,.,:.........,:.._. ., ....,:...:,.:,,...
w,a:........:..:_.....,Y...,.i
eusement, the Grentar also retains the righc of ingress and egress ovar Wc dascribad lands to
monitor and ins t drainage fmm thc SR 167 highway and its essociated ditches,culverta,and
other strucNres. .The scope of this easement does not authorize land uses that would harm the i
compensatory mi6gation that has been built on tha dascribed property or that would violate the
terms of the documents creating, permiUing, or certifying tlie mitigation site that hes been . i
constcucted on the properry,as those documents axist on the date of conveyance ar ss they may j
be amended,superseded,or replaced in the future wi4i the approval of the responsible regtilatory
agency(listed below). I
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AND subject to (iiantor rctaining an easement for access, ingress, and egress to allow
Grantor to continue perfoiming maintenance and monitoring until the mifigarion site on the i
conveyed property has been certi6ed by the agency requiring mitigstion, but C3rantor sha11 i
provide notica to Grantee liefore each use,and said easement will expire upon certification.
This property is being conyeyed subject to Uu teims and conditions of following
documents creating,permitting,or ceitifying the mitigation site,as thosa documents exist on the
date of comeyance or as iliey may be amanded, superseded, or replaad in the future with the
appmval of the responsible regtilatory agoncy,specIficaily including the obligation to perpetually
tnaintain, operate, monitor, preserve, and pmtect the mirigation site located on the property,
which documents are attached to this Deed and tho terms of wtuch are heraby incorporated by
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reference:I
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list and date the documents cceating, permitting, or certifying each mitigation site, I
goveming!ho conveyed mitigation site.]
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The Grantee's use of the property is expressly and perpewally rastricted to only those
usas consistent with preserving the fimctions and values of the properly as a autigafion site and
thosc nses consistcnt with the terms of tha above-referenced permits and es provided in the
Settlement Agreemari and Agreement to Trans£er Real Propeity between the Statc of
Wavhington and the Ciry of Aubum dated _. This resh icGon on Grantee's use of the
RES 411 Page 3 of 6 Pages ICfk
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propeity servas and benefits other rea( pmpecty. owned by tho Grantor and upon wLich the
3rantor conshucted the project for which the above-referenced pem i s were issued- The
I restriction on the Grantee's use of the property shall run and remain with the land conveyed by
this Deed aad be binding on the Grantee's successors or essigns. The restriction on tlie
C}rantee's use of the property shall be liberatly eonstcued to prohibit any use inconsistent with
preserving the property as a mitigation site or inconsistant with the terms of the above-referenced
pannits. i
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Should the Grantee fail to perpetuully maintain, oparate, presarvq snd protect tho
environmantsl mitigatiou site lands as required hereia and es required by the 'Settlement
Agreement and Agreament to Transfer Real Property between the State of Washingcon and'.tlie
City of Aubum dated _ and as requu ed by appliceble law end by the above-referenced
peimits and any other documents creating, permitting, ar cedifying the site, and/or should the
Grantce fail to obsarve tha restridions on the use of the environmantal mitigatton site lands
1 heroin conveyed, the said environmental midgation sibe leads sliall automoticelly revert to the
ownerslpp of the State of Weshington without cost or fiuther obligation on the part of the
antor,llu prentee agrees to quitclaim tfie said environmental mitigation sibc land to the State
of Washington iuunediately upon request.
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The Grantee herein, on behaif of itself end its successors or essigns, waives and/or
releases the GranWr finm azry past,present, or future clsims far damages direcUy or indirectly
caused by highway drainetge or runoff, and fuither the drantee, its.successors ot assigns, shall
bave no right of compensation for damages to ttle property herein conveyed caused directly or
indirectly by highway drainage or runoff.
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Thc l3rantee as part considexation herein does hereby ugree to comply with all civil rights
and ettti-discrimination requii ements of Ctiapter 49.60 RCW as to the lands herein describad.
I Thc Lands herein described are wnveyed pursuant to the provisions of RCW 47.12370.
Dat at Alympis,Washington,this dsy of 20_
I STATE OF WASIiINGTON
RES 411 Page 4 of 6 Pages I
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RES.D Page 305 of 391
y._. ....... ..._. ,,.„. ,... : ....w-
Paula J.Hammand,P.E.
Secretary of Transportation
APPROVED AS TO FORM: I'By:
Assistant Attorney G eral
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REVIEWED AS TO FORM:
City of Aubum i
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STATE OF WASE3INdTON)
ss
County of Thurston )
On this day of 20 , before me personally
I appeared Paula 7.Haznmopd,P.E.,known to me as the Secretary of TranspoMatian, Washington
Stata Department of Transportation;and executed the foregoing inshument,acknowledging said
inshuarert to be the free and voluntary act and deed of the State of Washington,for the uses and
puiposes thetein mentioned, end on oath sFated that she was authorized to p[ecute said
instrument.
Given under my hand and official seal the day and year lastabove written.
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Notary(print name)
Notary Public in and for the 5tate of Washington,residing
at Olympia
My Appoimment Expia es
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EXHIBIT H
King County Sundry Site Plans,
Mill Creek Floodplain Storage and Wetlands Mitigation Area
All that portion of the southeast quarter of Section 14, Township 21 North, Range 4 East,
W.M., King County, Washington, described as follows:
Beginning at the northeast corner of the northeast quarter of the southeast quarter of said
Section 14; thence North 89°57'08" West 969.29 feet to the easterly margin of West Valley
Highway; thence South 12°53'25" West along said easterly margin 142.99 feet; thence
continue southerly along the said easterly margin along the arc of a curve to the right
having a radius of 2,895 feet an arc distance of 324.05 feet, said point being on the
southerly boundary line of an existing 20 foot sanitary sewer easement recorded under
Recording No. 8109100300; thence South 85°40'28" East along the southerly boundary
line of said sanitary sewer easement 99.23 feet to the True Point of Beginning; thence
continuing South 85°40'28" East 383.32 feet; thence South 22°12'39" West 104.36 feet;
thence South 25º58'40" East 52.84 feet; thence South 43º20'08" West 198.65 feet; thence
South 27º37'28" West 54.44 feet; thence South 58º04'28" East 195.33 feet; thence
southwesterly along the arc of a curve to the right having a radius of 50 feet, an arc
distance of 10.40 feet; thence South 35º40'35" West 384.02 feet; thence southwesterly
along the arc of a curve to the right having a radius of 350 feet, an arc distance of 391.75
feet; thence North 80º11'35" West 115.63 feet; thence South 09º48'25" West 12.15 feet;
thence North 69º41'20" West 61.88 feet; thence North 16º34'03" East 278.65 feet; thence
North 23º29'46" East 227.32 feet; thence North 21º53'56" East 150.55 feet; thence North
12º55'06" East 91.65 feet; thence North 38º44'24" East 163.99 feet; thence North 21º46'10"
East 74.40 feet to the True Point of Beginning.
The lands herein described contain an area of 431,858 square feet, more or less, the
specific details concerning all of which are to be found on sheet 69 of that certain plan
entitled King County Sundry Site Plans, Mill Creek Floodplain Storage and Wetlands
Mitigation Area, now of record and on file in the office of the Secretary of Transportation
at Olympia, bearing date of approval August 6, 2009, revised May 3, 2012.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4837
Date:
July 9, 2012
Department:
Parks/Art and Recreation
Attachments:
Resolution No. 4837
Resolution No. 4406
Letter of Work Stopage
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolutin No. 4837.
Background Summary:
The Auburn City Council approved Resolution No. 4406 on October 20, 2008 authorizing
the Mayor to enter into an agreement with Virginia Paquette for the design, fabrication
and installation of two (2) public art pieces to be used in the lobby area of the proposed
Auburn community center. The approved art proposal included two separate elements
that would be installed in the lobby of the new Auburn Community Center inclusive of the
"Green River" a suspended stacked glass sculpture, and the "White River" a sculptural
wood collage made from joined pieces of the cherry wood felled from the site, and that
with this two-part project, the majority of the artist's budget was being allocated towards
the "Green River" with complicated engineering, logistics and expensive materials.
The contracted artist has been paid half of the total contract amount of $85,000
authorized by Resolution No. 4406. On June 1, 2009, the contracted artist was notified
by the City that her contract was being placed on an "on hold" status pending the City's
obtainment of funding for the construction of the Auburn Community Center, and as
such, no additional work has been completed by the artist. In May, 2012, the Les Gove
Community Campus Committee requested City staff and the Auburn Arts Commission
review the 1% for Public Art project initially developed for the Auburn Community Center.
On June 12, 2012, the Public Art Committee of the Auburn Arts Commission met to
discuss the Community Center Public Art project and are recommending that the City
modify its contract with the artist to redefine the project scope to focus on the creation of
artwork on the "White River" (wood) element and to remove the "Green River" (glass)
element.
The recommendation of the Public Art Committee of the Auburn Arts Commission would
require a renegotiation of the previously approved contract amount. In addition, the
AUBURN * MORE THAN YOU IMAGINEDRES.E Page 333 of 391
Committee recommended to authorize the artist to initiate work prior to the completion of
the Auburn Community Center with the provisions that the artwork be built to the
specifications of the building and be stored and installed at a later date. The
renegotiation of the project scope and budget with the artist would allow the City to utilize
anticipated budget savings for the purpose of design the interior lobby space as a
gallery/museum area.
Reviewed by Council Committees:
Public Works, Les Gove Community Campus
Councilmember:Wagner Staff:Faber
Meeting Date:July 16, 2012 Item Number:RES.E
AUBURN * MORE THAN YOU IMAGINEDRES.E Page 334 of 391
RES.E Page 335 of 391
RES.E Page 336 of 391
RES.E Page 337 of 391
RESOLUTION NO. 4 4 0 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO ENTER INTO A CONTRACT WITH VIRGINIA
PAQUETTE TO DESIGN, FABRICATE, AND INSTALL A PUBLIC
ART PIECE INTO THE DESIGN OF THE NEW AUBURN
COMMUNITY CENTER BUILDING AND SITE
WHEREAS, the City of Auburn is currently designing the new Auburn
Community Center; and
WHEREAS, the City desires to contract with Artist Virginia Paquette to design,
build and install artwork for this site; and
WHEREAS, the art work is to be an integrated design component of the Auburn
Community Center, requiring coordination befinreen the Artist and the City's architects
and contractor selected to construct the Auburn Community Center.
NOW, THEREFORE, THE CITY COUNCIL OF AUBURN, WASHINGTON,
HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn is hereby authorized to enter into an
agreement with Virginia Paquette to design, fabricate, and install the integrated art work,
in substantial conformity with the agreement attached hereto and designated as Exhibit
A", and incorporated by reference in this resolution.
Section 2. The Mayor is further authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation
Section 3. This resolution shall be in full force and effect upon passage and
signatures hereon.
Resolution No. 4406
October 8, 2008
Page 1RES.E Page 338 of 391
J10
SIGNED and DATED this day of October, 2008.
CITY OF AUBURN
P TER B. LEWIS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP VE S TO FORM:~
Daniel B. i, City ttorney
Resolution No. 4406
October 8, 2008
Page 2RES.E Page 339 of 391
AGREEMENT FOR ARTWORK
This Agreement is made: anct:entered into this a24" day of October, 2008, by and between the City
of Auburn, Washington, a municipal corporation of the State of Washington ("City") and VIRGINIA
PAQUETTE, whose address and phone number are, 5607 -16'h Avenue NE, Seattle, WA 98105;
206.524.6929. ("ArtisY')
WHEREAS, the City is currently designing the Auburn Community Center ("Center"); and
WHEREAS, the City desires to contract with Artist to design, build and install artwork ("Work") for the
Auburn Community Center; and
WHEREAS, the Work is to be an integrated design component of the Auburn Community Center,
requiring coordination befinreen the Artist, the City's architects, and the contractor selected to construct the
Auburn Community Center,
NOW THEREFORE THt CITY AND THE ARTIST IN CONSIDERATION OF THE CONDITIONS
AND COVENANTS HEREIN DO AGREE AS FOLLOWS:
ARTICLE 1. SCOPE OF SERVICE
1.1 GENERAL
The Artist shall, in consultation with the City's architect, BLRB Architects ("BLRB"), design
the Work, which shall be integrated into the over-all design of the Center. The Artist shall
also consult with BLRB in BLRB's design of the Center and BLRB's oversight of the Center's
construction.
The Artist shall be responsible for all services and shall furnish all supplies, material, and
equipment as necessary for the design, execution, fabrication, transportation and installation
of the Work at the Site.
The Artist shall coordinate the design, fabrication and installation of the Work with BLRB and
the contractor selected to construct the Auburn Community Center ("Contractor").
1.2 POST-INSTALLATION
A,_The City will provide photo documentation of the Work for City files. The City will
provide a copy of this documentation to the Artist.
B.The Artist shall be available at such time or times as may be agreed between the
City and the Artist to attend any presentation ceremonies relating to the transfer of
the Work to the City. The City shall use its best efforts to arrange for publicity for the
completed Work.
C.Upon installation of the Work, the Artist shall provide to the City written instructions
for appropriate maintenance and preservation of the Work.
1.3 FINAL ACCEPTANCE
A.The Artist shall advise the City in writing when all services required have been
completed in substantial conformity as presented to the Community Center
Subcommittee.
B.The City shall notify the Artist in writing of its final acceptance of the Work.
Resolution 4406 Exhibit A
Agreement for Artwork/Community Center
Paaa 1 of 7
RES.E Page 340 of 391
1.4 RISK OF LOSS
The risk of loss or damage to the Work shall be borne by the Artist until final acceptance,
and the Artist shall take such measures as are necessary to protect the Work from loss or
damage until final acceptance, including any protective measures necessary to prevent
damage to the Work during construction of the Center.
1.5 INDEMNIFICATION
The Artist agrees to indemnify, defend, and hold the City, its agents, representatives, and
employees harmless from and against any and all claims, causes of action or demands or
any form of liability of any nature arising out of the pertormance of the Work and the
obligations contained in this Agreement on the part of the Artist, the ArtisYs agents,
representatives, and employees except where such claims arise solely from the negligent
acts of the City, its agents, representatives, or employees.
1.6 TITLE
Title to the Work shall pass to the City upon final acceptance.
1.7 OWNERSHIP OF DOCUMENTS, MODELS
Upon final acceptance of the Work, all studies, drawings, designs, and models prepared and
submitted under this Agreement shall be returned to the Artist and shall belong to the Artist.
1.8 INSURANCE
The Artist agrees to obtain, and maintain during the term of this agreement comprehensive
liability insurance in minimum amounts of not less than ONE MILLION DOLLARS
1,000,000) per occurrence to protect the City, its agents, officers, and employees from any
claims by any person for damage to persons or property arising out of or resulting from the
Artist's performance under this Agreement. The insurance policy shall name the City OF
AUBURN as additionally insured. The policy shall require a minimum of thirty (30) days prior
written notice to the City of any cancellation or expiration of the policy or any modification of
any provisions of the policy. The Artist shall be required to provide a Certificate of Insurance
to the City prior to commencing performance under the terms of this Agreement.
1.9 INDEPENDENT CONTRACTOR/ASSIGNMENT
The parties agree and understand that the Artist is an independent contractor and not the
agent or employee of the City and that no liability shall attach to the City by reason of
entering into this Agreement except as otherwise provided herein. The parties agree that
this Agreement may not be assigned in whole or in part without the written consent of the
City.
ARTICLE 2. COMPENSATION AND PAYMENT SCHEDULE
2.1 FEE
The City shall pay the Artist for satisfactory completion of the artwork in the total fixed
amount of $85,000.00 (eighty-five thousand and no/100 U.S. Dollars) which shall constitute
full compensation for all services, engineering permits and materials to be performed and
furnished by the Artist under this Agreement except as noted under paragraph 2.4, Building
Construction Credits. All fees shall be paid in accordance with standard City business
practices. At each fee/fabrication Phase outlined above, the Artist will submit a brief written
report, which describes the progress to date, and invoice the City at that time.
2.2 PAYMENT
The first payment of 1/4 of $85,000. ($21,250.00) will be paid by the City to the Artist upon
signing this Agreement. The second payment of 1/4 of $85,000 ($21,250.00) will be paid by
the City to the Artist upon completion of and approval of final design drawings. The third
Resolution 4406 Exhibit A
Agreement for Artwork/Community Center
Page 2 of 7RES.E Page 341 of 391
payment of 1/4of $85,000 ($21,250.00) will be paid by the City to the Artist upon completion
of fabrication. The final payment of the remaining 1/4 of $85,000 ($21,250.00) shall be
made to Artist no later than ten (10) days after the delivery and installation as specified in
this Agreement by Artist.
2.2 TAXES
The Artist is responsible for payment of all local, state, and federal taxes, which may be due
from the Work as a result of performance under this contract. Artist understand that taxes
are included in the agreed upon fee set forth in Article 2.1.
2.3 ARTIST EXPENSES
The Artist shall be responsible for the payment of all shipping charges, the costs of
transporting the Work to the Site, the costs of all travel by the Artist and the ArtisYs agents
and employees necessary for the proper performance of the senrices required under this
Agreement, and all other expenses related to the performance of this Agreement.
2.4 BUILDING CONSTRUCTION CREDITS
If The Work provides a functional building construction element that replaces an element
previously budgeted by BLRB in the cost estimate dated 9/3/2008, then a"crediY' for the cost
of that replaced element will be considered by the City of Auburn Community Center
Committee as a potential credit.
ARTICLE 3. TIME OF PERFORMANCE
3.1 DURATION
The services to be required of the Artist shall be completed in accordance with the schedule
for completion of the Center as established by BLRB Architects. Construction is anticipated
to begin in March 2009 and occupancy of the building is projected in April 2010.
ARTICLE 4. WARRANTIES
4.1 WARRANTIES OF TITLE
The Artist represents and warrants that: (a) the Work is solely the result of the Artistic effort of
the Artist; (b) except as otherwise disclosed in writing to the City, the Work is unique and
original and does not infringe upon any copyright; (c) the Work has not, or a duplicate thereof
has not, been accepted for sale elsewhere; and (d) the Work is free and clear of any liens from
any source whatever.
4.2 WARRANTIES OF QUALITY AND CONDITION
The Artist represents and warrants, except as otherwise disclosed to the City in writing and
in connection with submission of the Proposal, that the execution and fabrication of the Work
will be pertormed in a workmanlike manner; and the Work as fabricated and installed, will be
free of defects in material and workmanship; and reasonable maintenance of the Work will
not require procedures substantially in excess of those described in the maintenance
recommendations to be submitted by the Artist. The warranties described in this section
shall survive for a period of three (3) years after the final acceptance of the Work. The City
shall give notice to the Artist of any observed breach with reasonable promptness. The
Artist shall, at the request of the City, and at no cost to the City, cure reasonably and
promptly the breach of any such warranty which is curable by the Artist and which cure is
consistent with professional conservation standards.
Resolution 4406 Exhibit A
Agreement for Artwork/Community Center
Page 3 of 7
RES.E Page 342 of 391
ARTICLE 5. REPRODUCTION RIGHTS
5.1 GENERAL
The Artist retains all rights under the Copyright Act of 1976 and all other rights in and to the
Work except ownership and possession and except as such rights are limited by this
Section. In view of the intention that the Work in its final dimension shall be unique, the
Artist shall not make any additional exact duplicate, three-dimensional reproductions of the
final Work nor shall the Artist grant permission to others to do so except with the written
permission of the City. The Artist grants to the City and its assigns an irrevocable license to
make representative photographic reproductions of the Work for non-commercial purposes,
including but not limited to reproductions used in brochures, media publicity, note cards, and
catalogues or other similar publications, provided that these rights are exercised in a manner
which depicts the integrity of the Work.
5.2 NOTICE
All reproductions by the City shall contain a credit to the Artist in the following form: "Title,"
year", "ArtisY".
5.3 CREDIT TO THE CITY
The Artist shall use her best efforts to give a credit reading substantially, "An original Work
owned and commissioned by the City of Auburn, Washington" in any public showing under
the Artist' control of the reproductions of the Work.
ARTICLE 6. ARTIST'S RIGHTS
6.1 IDENTIFICATION
The City will provide a plaque(s) to be delivered to the Artist prior to installation. The Artist
shall provide to the City, for review and approval, specified plaque dimensions six (6) weeks
prior to the installation. The plaque identifying the work as outlined in Article 5.2 shall be
installed by the City.
6.2 MAINTENANCE
The City recognizes that maintenance of the Work on a regular basis is essential to the
integrity of the Work. The City shall make reasonable efforts to assure that the Work is
properly maintained and protected, taking into account the instructions of the Artist provided
in the maintenance agreement and shall make reasonable efforts to protect and maintain the
Work against the ravages of time, vandalism, and the elements.
6.3 REPAIRS AND RESTORATION
The City shall have the right to determine when and if repairs and restorations to the Work
will be made. The Artist shall not unreasonably withhold approval for any repair or
restoration of the Work. If the Artist unreasonably fails to approve any repair or restoration,
the City shall have the right to make such repair or restoration.
6.4 DEACCESSIONING OF THE WORK
In the circumstance where a commissioned artwork is physically part of the building or
landscape and it is not an independent object(s) that can be safely removed, the City may
require the Artist to waive VARA (Visual Artists Rights Act of 1990) in regards only to the
destruction of the artwork. Prior to the destruction of the artwork, the City will attempt to
contact the Artist and secure the situation. In the event that the remodeling of the building or
landscape destroys part of the artwork, the City will de-access the artwork and, at the
request of the Artist, remove any attribution to the Artist. The City reserves the right to
Resolution 4406 Exhibit A
Agreement for Artwork/Community Center
Page 4 of 7
RES.E Page 343 of 391
de-access artwork under the following conditions:
A.The Center or landscape is structurally or otherwise altered and can no longer
accommodate the Work,
B.The portion of the Center or landscape in which the Work is located is made publicly
inaccessible as a result of new construction, demolition, or security enhancement, or
has its surrounding environment altered in a way that significantly and adversely
impacts the Work.
C.The Center is sold or acquired by an entity other than City of Auburn.
D.There is a documented history of incident(s) that shows the Work is a threat to
public safety.
6.5 PERMANENT RECORD
The City shall maintain on permanent file a record of this Agreement and of the location and
disposition of the Work.
6.6 ARTIST ADDRESS
The Artist shall notify the City of changes in his/her address. The failure to do so within 30
days of said change, if such failure prevents the City from locating or notifying the Artist
where required under the terms of this Agreement, shall be deemed a waiver by the Artist of
the right subsequently to enforce those provisions of this Article 6 that require the express
approval of the Artist
ARTICLE 7. NON-DISCRIMINATION
The Artist shall comply with all federal, state, and local laws and ordinances prohibiting
discrimination and employment with regard to age, sex, race, color, creed, national origin, or
physical, mental handicap.
ARTICLE 8. NOTICES
Any notice required or permitted under this Agreement may be personally served or given in writing
and shall be deemed sufficiently given or served if sent by registered or certified mail addressed to
the respective parties as follows:
Laurie Rose,Virginia Paquette
Cultural Arts Manager 5607 -16th Avenue NE
City of Auburn Seattle, WA 98105
Parks, Arts & Recreation Telephone: 206-524-6929
910 Ninth Street SE
Auburn, WA 98002
Telephone" 253-931-3043
Either party may, by like notice at any time, designate a different address to which notices shall be
sent. Notice in accordance with these provisions shall be deemed received when mailed.
Resolution 4406 Exhibit A
Agreement for Artwork/Community Center
Page 5 of 7
RES.E Page 344 of 391
i
ARTICLE 9. TERMINATION
Either party may terminate this Agreement upon written notice to the other party if the other party
fails substantially to perform in accordance with the terms of this Agreement through no fault of the
party terminating the Agreement.
In the event of default by the City, the City shall promptly compensate the Artist for all services
performed by the Artist prior to termination. In the event of default by the Artist, all finished and
unfinished drawings, sketches, photographs, models, and other work products under this Agreement
shall become the City's property. The City shall compensate the Artist for all work as performed prior
to termination. Notwithstanding, the Artist shall not be relieved of liability to the City for damages
sustained by the City by virtue of any breach of this Agreement by the Artist and the City may
reasonably withhold payments to the Artist until such time as the exact amount of such damages due
the City from the Artist is determined.
ARTICLE 10. GENERAL PROVISIONS
10.1 ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the parties and may not be
changed or modified nor any provision hereof waived except in writing agreed to by both
parties.
10.2 APPLICABLE LAW
This Agreement and the rights of the parties hereunder shall be governed by the interpreted
in accordance with the laws of the State of Washington and venue for any action hereunder
shall be in King County, Washington. This Agreement shall be construed in accordance with
any and all questions with respect hereto shall be determined by the laws of the State of
Washington.
10.3 COSTS TO PREVAILING PARTY
In the event of such litigation or other legal action, to enforce any rights, responsibilities or
obligations under this Agreement, the prevailing parties shall be entitled to receive its
reasonable costs and attorney's fees.
10.4 COMPLIANCE WITH APPLICABLE LAWS
In the pertormance of the Work, the Artist agrees to comply with all applicable state and local
laws, rules, and regulations.
Resolution 4406 Exhibit A
Agreement for Artwork/Community Center
Page 6 of 7RES.E Page 345 of 391
4
V '
ITY O
tRN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle Daskam, City Clerk
APPROVED AS TO FORM:
Vi
Daniel Heid, City Attor e
ARTIST
r.
VIRGINIA PAQUETTE
Tax 53 Y~
Resolution 4406 Exhibit A
Agreement for Artwork/Community Center
Page 7 of 7RES.E Page 346 of 391
RES.E Page 347 of 391
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4840
Date:
July 10, 2012
Department:
Public Works
Attachments:
Budget Status Sheet
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4840.
Background Summary:
In 2009, the City of Auburn installed a variety of temporary flood control barriers on behalf of King County to protect
the City from the potential for flooding along the Green River and Mill Creek from the reduced capacity of the
Howard Hanson Dam. See attached vicinity map for the locations of the barriers.
The objective of this project is to remove the temporary flood control barriers and restore the disturbed areas back
to their orginal condition. Construction is anticipated to begin in August 2012 and be complete by December 2012.
The bid opening will not be held until July 17th, under Resolution No. 4840, staff is requesting authorization for the
Mayor to award this contract to the lowest responsible bidder to avoid delay of the project in order to meet the
condition in the Interlocal Agreement with King County for the completion of the emergency flood protection barrier
removal and site restoration that stipulates completing the removal of the barriers along the existing levees by
November 1, 2012 and the remaining barriers by December 31, 2012.
It is anticipated that funding for this project will be from the King County Flood Control District (KCFCD) (75%) and
from a loan by the District to the City from the District's Opportunity Fund (25%). A total contingency of $11,473
remains.
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:July 16, 2012 Item Number:RES.F
AUBURN * MORE THAN YOU IMAGINEDRES.F Page 348 of 391
Project No: EM0902Project Title:
Project Manager: Kim Truong
Initiation/Consultant Agreement
Initiation Date: _________ Permission to Advertise
Advertisement Date: _07/03/12___ Contract Award
Award Date: ___________ Change Order Approval
Contract Final Acceptance
Funding Prior Years 20112013 Future Years Total
King County Flood Control District (KCFCD)1,605,520
432 Fund - Storm (KCFCD Opportunity Fund)535,174
Total 002,140,69400
Activity Prior Years 20112012 Future Years Total
Design Engineering - City Costs 85,169
Design Engineering - Consultant Costs
Construction Estimate 1,703,377
Authorized Contingency 200,000
Construction Engineering - City Costs 140,676
Construction Engineering - Consultant Costs
Total 002,129,22200
Prior Years 20112012 Future Years Total
*KCFCD Funds Budgeted ( )00(1,605,520)0 (1,605,520)
KCFCD Funds Needed 001,596,9170 1,596,917
*KCFCD Fund Project Contingency ( )00(8,604)0(8,604)
KCFCD Funds Required 00000
Prior Years 20112012 Future Years Total
*432 Funds Budgeted ( )00(535,174)0 (535,174)
432 Funds Needed 00532,3060 532,306
*432 Fund Project Contingency ( )00(2,869)0(2,869)
432 Funds Required 00000
* ( # ) in the Budget Status Sections indicates Money the City has available.
BUDGET STATUS SHEET
Temporary Flood Control Barrier Removal
Date: July 9, 2012
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
King County Flood Control District Budget Status
432 Storm (KCFCD Opportunity Fund) Budget Status
H:\PROJ\EM0902 Green River-Howard Hanson\EM0902 Contract 12-14 Temp. Flood Control Barriers
Removal\Budget\BudgetStatusSheet 062612.xlsx 1 of 1RES.F Page 349 of 391
RES.F Page 350 of 391
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4841
Date:
July 10, 2012
Department:
Planning and Development
Attachments:
Agenda Bill
Resolution No. 4841
Attachment 3 - Exhibit A
Attachment 5 - Map
Attachment 4 - Ordinance No. 5029
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4841.
Background Summary:
See attached.
Reviewed by Council Committees:
Finance, Planning And Community Development Other: Legal
Councilmember:Backus Staff:Snyder
Meeting Date:July 16, 2012 Item Number:RES.G
AUBURN * MORE THAN YOU IMAGINEDRES.G Page 351 of 391
AGENDA BILL APPROVAL FORM
Agenda Subject: Resolution No. 4841, an Amendment to the 1998
Interlocal Agreement Between the City of Auburn and the Port of Seattle
Date: July 10, 2012
Department: Planning and
Development
Attachments: See attachment list (at
end of report)
Budget Impact: N/A
Administrative Recommendation: City Council adopt Resolution No. 4841, authorizing an amendment
to the 1998 Interlocal Agreement Between the City of Auburn and the Port of Seattle
Background Summary:
SUBJECT:
The proposal is an amendment of the previous 1998 Interlocal Agreement between the City and the Port
of Seattle. The original interlocal agreement was related to construction of the Port’s wetland mitigation
site, provision of infrastructure and property transfer. This proposed 1st amendment of the interlocal
agreement clarifies the related subject of control of floodplain storage capacity that was not sufficiently
addressed in the original Interlocal agreement.
BACKGROUND:
On March 18, 1998 the City and Port of Seattle entered into an Interlocal agreement for the Port of
Seattle’s development of an approximately 69-acre site located in northeast Auburn as wetland mitigation
for impacts associated with the third runway project at Seattle-Tacoma International Airport (Sea-Tac).
The Interlocal agreement was authorized by the City Council by adoption of City Ordinance No. 5029
(See Attachment 4).
In 2003, the City and Port identified a few issues that were not sufficiently addressed in the original
agreement related to right-of-way alignment, utilities and administration of floodplain capacity. The City
and Port resolved all but one of these issues by other means. However, it did not address the remaining
issue of floodplain storage created as a result of the excavation of existing site soil associated with the
wetland mitigation construction and what party has use of this floodplain storage volume is the purpose of
this amendment to the Interlocal Agreement. The Agreement did not specifically reflect the parties’ intent
regarding the control of the floodplain storage capacity and the parties wish to clarify the intent with this
Amendment.
An amendment to the agreement has been prepared in conjunction with the Legal Division and Aviation
Division staff at the Port of Seattle and has been reviewed by staff of the Legal, Public Works and
Planning Departments of the City.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Information Services
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Backus Staff: Snyder
Meeting Date: July 16, 2012 Item Number:
RES.G Page 352 of 391
Agenda Subject: Agenda Subject: Ordinance No. 6415, an
amendment to the 1998 Interlocal Agreement between the City of Auburn
and the Port of Seattle
Date: July 10, 2012
Page 2 of 2
Section 1 of the Amendment (Exhibit A to Resolution No. 4841) modifies Section 6.2 of the original
agreement and:
• Modifies the original agreement to recognize that floodplain storage capacity may be based on
the current 1995, 100-year floodplain maps or as may be subsequently amended by the Federal
Emergency management Agency (FEMA).
• Clarifies that the Port or its successor has rights to 17% of the floodplain storage capacity on the
wetland mitigation site. The 17% figure was based on the Port’s request and the development
potential of their adjacent property.
• Clarifies that the City and its successor have the right to the remaining 83% of the floodplain
storage capacity.
• Acknowledges that the intent of the original Interlocal agreement was to provide the City with use
of the newly constructed floodplain storage capacit y but this was not sufficiently disclosed in the
original agreement. The original consideration was sufficient and no additional consideration is
needed for this amendment.
• Specifies that the City agrees to use the floodplain storage capacity in its current form and no
alteration of the constructed wetland mitigation site is proposed for use of the flood storage
capacity. Also, that the parties have not made any representations or guarantees to the amount
of floodplain storage that will be available.
• Provides that the Port declares the excess created floodplain storage capacity to be surplus.
PROCESS:
The amendment was discussed by the Planning and Community Development Committee (PCD) at their
regular meeting on May 29, 2012. The amendment was discussed by the Finance Committee on June 4,
2012. The Committees were supportive of the proposal. The amendment was presented to the PCD
Committee on June 11, 2012 and the committee recommended approval to the full City Council.
Staff is working with representatives of the Port of Seattle to coordinate concurrent review and
consideration of the amendment by the Port Commission. The Port Commission reviewed and held the
first reading of their Resolution No. 3664 on June 26, 2012. Mayor Lewis and Director Snyder attended
the Port Commission hearing. The Port Commission’s second reading is scheduled for July 10, 2012.
Approval by the Commission will authorize the Port’s Chief Executive Officer (CEO) to execute the
amendment which is expected about July 17, 2012.
ATTACHMENTS:
• Attachment 1 – Agenda Bill
• Attachment 2 – Resolution No. 4841 – Authorizing Amendment to Interlocal Agreement between
the City of Auburn and the Port of Seattle
• Attachment 3 – Exhibit A to Resolution No. 4841 – Language of the 1st amendment to the
Interlocal Agreement
• Attachment 4 - Ordinance No. 5029 - 1998 Original Interlocal Agreement between the City and
the Port of Seattle
• Attachment 5 - Vicinity Map
RES.G Page 353 of 391
RESOLUTION NO. 4 8 41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZINGTHE MAYOR.AND
CITY CLERK TO SIGN AN AMENDMENT TO THE 1998
INTERLOCAL AGREEMENT WiTH THE PORT OF SEATTLE
RELATED TO WETLAND MITIGATION
WHEREAS, Ordinance No. 5029 authorized the City to enter into an
Interlocal Agreement with the Port of Seattle for the Port of Seattle's
development of an approximately 69-acre site located in northeast Auburn for the
purpose of wetland mitigation for impacts associated with the third runway project
at SeaTac Airport; and,
WHEREAS, this 1998 Interlocal Agreement did not clearly address the
issue of floodplain storage created as a result of the excavation of existing site
soil associated with the wetland mitigation construction and what party had use
of this floodplain storage capacity; and,
WHEREAS, the parties wish to clarify the intent with this Amendment,
which has been developed in conjunction with the Port of Seattle, and has been
reviewed by staff of the Legal, Public Works and Planning Departments of the
City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as foilows:
Section 1. The Mayor and City Clerk are hereby authorized to sign the
Amendment to the 1998 Agreement, in substantially the same form as at ExhibiY
A. attached hereto, incorporated herein by this reference.
RESOLUTION NO. 4841
July 11, 2012
Page 1 of 2 -
RES.G Page 354 of 391
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 3. Effective date. This Ordinance shall take effect amd be in
force five days from and after its passage, approval and publication as proVided
by law.
Dated and Signed this day of 2012.
CITY OF AUBURN
ATTESI':PETER B. 'LEWIS, MAYOR
Danielle E. Daskam, City Clerk
APP OV AS TO FO
aniel B. Fie , ity Attorne
RESOLUTION NO 4841
July 11, 2012
Page 2 of 2
RES.G Page 355 of 391
Port of Seattle-City of Auburn
Amendment 1 to Interlocal for Wetlands, etc.
Page 1 of 3
1ST Amendment To
Interlocal Agreement Between City of Auburn and Port of Seattle Regarding
Wetlands Construction, Infrastructure Improvements, and Property Transfer
THIS 1ST AMENDMENT TO an INTERLOCAL AGREEMENT dated March 18,
1998, is made and entered into, pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the
Revised Code of Washington, on the day of , 2012, by
and between the CITY OF AUBURN, a municipal corporation of the State of Washington “City”),
and the PORT OF SEATTLE, a municipal corporation of the State of Washington (“Port”).
WITNESSETH:
WHEREAS, the Parties entered into an Interlocal Agreement on March 18, 1998
(“Agreement”) for the purpose of addressing the Port’s conversion of the property owned by the
Port (“Property”) and identified in the City’s comprehensive plan for residential development to
uses that would not be residentially developed and would not share in the extension of public
infrastructure since the property was proposed as mitigation for the filling of certain wetlands at the
Seattle-Tacoma International Airport; and,
WHEREAS, the Property was specifically constructed by the Port for Wetland Mitigation
purposes. In response to learning of the Port’s plans, the City requested and the Port agreed to
construct the wetland mitigation deeper in order to create additional flood storage that could benefit
the City and other properties in the area as a way to partially compensate the City for the loss of
development potential of the site and lost opportunity for financial participation in the future
extension of roads and utilities, which is typically a requirement of development; but not applicable
to wetland mitigation construction; and
WHEREAS, In 2003, the Parties had several additional issues to address including right-of-
way alignment, utilities, and flood plain capacity control. It was agreed to by the Parties not to
finish the negotiation at that time as it would have delayed City permits being issued for the Port’s
construction of the wetlands that were required in order to advertise the project. A delay in
advertising could have caused a one to three year delay in the project and would have caused
problems with the third runway development at the Seattle-Tacoma International Airport.
Subsequently the issues relating to rights-of-way and utilities were handled outside of the Inter-local
agreement. The remaining issue, flood plain capacity, is the subject of this Amendment to the
Interlocal Agreement.
WHEREAS, in addition to creating additional flood storage capacity on the Property, the
Port paid Auburn $442,000 specifically for lost development potential of the Property and
specifically the lost opportunity for financial participation in the future extension of roads and
utilities and $180,000 for lost storm and sanitary sewer system development charges; and,
WHEREAS, the City agreed to, and did, defer use of the flood storage capacity during the
period of initial establishment of the wetland mitigation to avoid adverse impacts due to potential
changes in hydrology from use of the floodplain; and
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Port of Seattle-City of Auburn
Amendment 1 to Interlocal for Wetlands, etc.
Page 2 of 3
WHEREAS, as part of the Agreement, the Parties intended that the City have control over
use of new flood storage capacity that was created on the Property to mitigate floodplain filling by
the City or other private development designated by the City; and,
WHEREAS, the Agreement did not specifically reflect the Parties’ intent regarding control
of the new flood storage capacity, and the Parties wish to clarify that intent through this
Amendment.
NOW THEREFORE in consideration of their mutual covenants, conditions and promises,
THE PARTIES HERETO DO HEREBY AGREE as follows:
1. Section 6 of the Agreement is hereby amended by designating the existing Section as
Subsection 6.1 “Floodplain Change” and by adding a new Subsection 6.2 “Control of Created Flood
Storage Capacity” to read as follows:
6.2 Control of Created Flood Storage Capacity.
1. As a result of the Port’s construction of wetlands, floodplain volume was created on the
Property as indicated in the Federal Emergency Management Agency Conditional Letter of
Map Revision application ( FEMA CLOMR) prepared for the City by Parametrix, dated
July 2007 and as may be subsequently amended. (Attached as Exhibit A and incorporated
herein). This CLOMR application is based on the 1995 FEMA Flood Insurance Rate Maps
currently in effect at the date of this 1st Amendment. The parties acknowledge that FEMA
has not approved the CLOMR, and that FEMA’s failure to do so may affect the ability of
either party to use the flood storage capacity created by the Port’s construction of wetlands.
2. The Port has the right to use 17% of the created flood storage capacity (11.2 acre feet based
on the 2007 CLOMR application) to mitigate potential future floodplain filling on Port
owned parcels 000420-0006, 936060-0258, and 936060-0260. In the event that the FEMA
does not approve the CLOMR, or if Flood Insurance Rate Maps are revised in the future and
prior to fully completing the process for use of the flood storage capacity, the Port has the
right to use the same proportionate share (17%) of any available flood storage capacity In
the event that the Port or its successors in interest use this flood storage capacity, the City
will expedite the processing of all required City permits at no cost for the expedited review
to the Port or to its successors in interest. City standard application fees will apply. In
addition, the City will cooperate in the processing of any required floodplain map revisions
for the Property, but shall not, by this agreement, be responsible for any costs in excess of its
usual costs
3. The City has the right to control the use of any remaining flood storage capacity, in excess
of the Port’s, proportionate percentage of flood storage capacity existing on the Property,
including but not limited to, the right to allow private parties to use part or all of the
capacity. The Parties agree to cooperate to execute any documents necessary to effectuate
the intent of the Agreement and this Amendment.
4. The Parties agree that, because they originally intended for the City to have control of
RES.G Page 357 of 391
Port of Seattle-City of Auburn
Amendment 1 to Interlocal for Wetlands, etc.
Page 3 of 3
assigning use of the newly created flood storage capacity, the consideration exchanged for
the original Agreement was sufficient for that purpose, therefore no additional consideration
is due from the City to the Port for the execution of this 1st Amendment.
5. The City also agrees to use the flood storage capacity in its current constructed form for the
purpose of mitigating future floodplain filling. No site alteration is proposed for the City’s
use unless such alteration is agreed to in writing by the Port. Neither party makes any
representations or guarantees concerning the flood storage volumes that may be available
on the Property, nor does either party bear any responsibility to alter the Property to
create additional flood capacity.
6. The Port declares the excess created flood storage capacity in the Property described in this
1st Amendment to be surplus for Port purposes.
IN WITNESS WHEREOF the Parties hereto have executed this Amendment to the Agreement as
of the day and year first above written.
PORT OF SEATTLE CITY OF AUBURN
By: __________________________________ ____________________________________
Tay Yoshitani Peter B. Lewis
Chief Executive Officer Mayor
Port of Seattle City of Auburn
Attest:
____________________________________
Danielle Daskam, City Clerk
Approved as to Form:
____________________________________
Daniel B. Heid, City Attorney
RES.G Page 358 of 391
Port of Seattle Wetland Mitigation Site Vicinity
Printed Date:
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
5/14/2012
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